ORDINANCE NO. 160606

Approving a development plan in District B1-5 on approximately a 0.59 acre tract of land generally located at 4620 J.C. Nichols Parkway to allow construction of three additional stories atop an existing, vacant office structure and to enable conversion to an assisted living community. (13073-P-3)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a development plan in District B1-5 (Neighborhood Business 1, Dash 5) on approximately a 0.59 acre tract of land generally located at 4620 J.C. Nichols Parkway, and more specifically described as follows:

Lot 80, Country Club Plaza, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

is hereby approved, subject to the following conditions:

1.                  That the plan be revised to:

a)                  clarify the required parking;

b)                  provide additional information on the elevation views such as color and materials;

c)                  provide landscaping plan; and

d)                 revise street name to state “W. 46th Terrace” (rather than W. 46th Street Terrace).

2. That prior to issuance of a final certificate of occupancy, all landscaping as shown on the approved landscape plan, including trees, plant material and structural elements, must be in place and healthy, as certified by a sealed letter submitted by a registered landscape architect licensed in the State of Missouri.

3.                  That the plan be revised to:

a) show use of existing, dominant materials found in the Country Club Plaza;

b) portray a cornice or parapet;

c) provide pedestrian entrances at street level;

d) provide additional amenities to encourage walkability such as pad lighting, street furnishings, and other similar amenities;

4.                 The developer shall pay impact fees as required by Chapter 39 of the City's Code of Ordinances as required by the Land Development Division.

5.                  The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, to identify sidewalks, curbs, and gutters in disrepair as defined by Public Works Department's "OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 4/8/09" and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters and said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.

6.                  The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Land Development Division prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements that may be required.

7.                  The developer shall contribute $30,238.76 in lieu of parkland dedication for 83 multifamily units in satisfaction of the Zoning and Development Code, calculated as follows:

* 83 units x 2.0 people per unit x 0.006 acres/person = 0.996 acre

* 0.996 acre x $30,360.20/acre = $30,238.76

8.                  The developer shall secure permits for the sidewalks within the development at the time street improvement permits are secured. Sidewalks shall be installed per the sidewalk installation plan reviewed and accepted by the Parks and Recreation Department.

9.                 The developer shall submit a letter to the Parks and Recreation Department from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters and shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by the Parks and Recreation Department, prior to recording the plat.

10.              The developer shall follow the Boulevard and Parkway Standards established by Ordinance No. 150544 and described in Sections 88-323, 88-405-D, 88-450, 88-810- 192, 88-810-512, 88-810-1108 and 88-810-2165 for work along J.C. Nichols Parkway.

11.              The developer shall submit a street tree planting plan as part of the final plat, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, with a copy to be submitted to the Department of City Planning and Development and agree to plant in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is made a part hereof.

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and had.

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Margaret Sheahan Moran

Assistant City Attorney