COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010333

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0349, rezoning an area of approximately 33.25 acres generally located at the northeast corner of relocated N.E. Barry Road and N. Indiana Avenue from Districts R-1b (One-Family Dwellings) and CP-2 (Local Planned Business Center) to District CP-2 (Local Planned Business Center), and approving a preliminary plan for the same. (11590-CP-1)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0349, rezoning an area of approximately 33.25 acres generally located at the northeast corner of relocated N.E. Barry Road and N. Indiana Avenue from Districts R-1b (One-Family Dwellings) and CP-2 (Local Planned Business Center) to District CP-2 (Local Planned Business Center), said section to read as follows:

Section 80-11A0349. That an area legally described as:

A tract of land in the Southeast Quarter of Section 6 and the Northeast Quarter of Section 7, all in Township 51, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Commencing at the northeast corner of the Northeast Quarter of said Section 7; thence North 89E37'35" West, along the north line of said Northeast Quarter, 1344.90 feet; thence North 0E24'36" East, 70.00 feet; thence North 89E37'35" West, 70.00 feet north of and parallel with the north line of said Northeast Quarter, 300.32 feet to the true point of beginning of the tract to be herein described; thence southerly, along a curve to the left, having an initial tangent bearing of South 04E34'34" East, a radius of 435.00 feet, a central angle of 12E23'39", an arc distance of 94.10 feet; thence southeasterly, along a curve to the left, having a common tangent with the last described course, a radius of 935.00 feet, a central angle of 24E15'11", an arc distance of 395.78 feet; thence southeasterly, along a curve to the left, having a common tangent with the last described course, a radius of 435.00 feet, a central angle of 20E28'00", an arc distance of 155.39 feet; thence southwesterly, along a curve to the right, having an initial tangent bearing of South 27E39'58" West, a radius of 385.86 feet, a central angle of 02E58'13", an arc distance of 20.00 feet; thence southwesterly, along a curve to the right, having a common tangent with the last described course, having a radius of 300.00 feet, a central angle of 19E13'35", an arc distance of 100.67 feet; thence southwesterly, along a curve to the left, having a common tangent with the last described course, a radius of 350.0 feet, a central angle of 14E23'13", an arc distance of 87.89 feet; thence South 35E28'33" West, 53.15 feet; thence southerly, along a curve to the left, having an initial tangent bearing of South 57E12'09" East, a radius of 535.00 feet, a central angle of 57E42'34", an arc distance of 538.86 feet; thence South 0E30'26" West, 2.52 feet; thence North 89E29'09" West, along the northerly right of way line of Barry Road (relocated), as now established, 118.22 feet; thence South 77E22'48" West, along said northerly right of way line, 154.03 feet; thence North 89E29'09" West,

along said northerly right of way line, 949.00 feet to a point on the easterly right of way line of N. Indiana Avenue, as now established; thence North 44E33'25" West, along said easterly right of way line, 161.97 feet; thence North 09E56'23" West, along said easterly right of way line, 217.71 feet; thence North 89E21'09" West, 29.54 feet to a point on the west line of said Northwest Quarter; thence North 0E38'51" East, along said west line, 820.80 feet to the northwest corner of said Northeast Quarter; thence North 0E26'38" East, along the west line of the Southeast Quarter of said Section 6, 70.00 feet; thence South 89E37'35" East, 978.54 feet to the true point of beginning. Containing 33.25 acres, more or less.

is hereby rezoned from Districts R-1b (One-Family Dwellings) and CP-2 (Local Planned Business Center) to District CP-2 (Local Planned Business Center), all as shown outlined on a map marked Section 80-11A0349, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and as an amendment to Section 80-11 thereof.

Section B. That a preliminary plan for the area legally described above is hereby approved, subject to the following conditions:

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval when the final plat is submitted and that the developer make any necessary improvements as required by the City Engineers Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

4. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

5. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

6. That the developer provide for fire protection as required by the Fire Department.

7. That the developer extend water mains as required by the Water Services Department.

8. That the developer extend sanitary sewers as required by the Department of Public Works.

9. That the developer submit a street name signage plan to the Street Naming Committee for approval of all street names.

10. That the developer construct temporary cul-de-sacs as required by the Department of Public Works for each phase.

11. That the developer construct no building or structure which exceeds the height limitations as required by the Kansas City Downtown Airport Height Zoning Restrictions Map.

12. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right of way.

13. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of any detention tracts.

14. That the developer dedicate additional right of way for N. Indiana Avenue as required by the Department of Public Works so as to provide a total of 100 feet of right of way for N. Indiana Avenue.

15. That the developer improve N. Indiana Avenue as required by the Department of Public Works so as to construct a divided primary arterial street, including construction of curb, gutter and sidewalks and installation of streetlights on each side, at such time as Phase I, as shown on the preliminary plan, is developed.

16. That the developer construct a southbound left turn lane on N. Indiana Avenue at the proposed driveway entrance on the west side of N. Indiana Avenue as required by the Department of Public Works at such time as Phase I is developed.

17. That the developer improve relocated N.E. Barry Road from N. Indiana Avenue to N. Cleveland Avenue so as to construct a three lane primary arterial street as required by the Department of Public Works, including construction of a center median (except Phase II), curbs, gutters and sidewalks and installation of streetlights at such time as Phase II, Phase III and Phase IV, as shown on the preliminary plan, is developed.

18. That the developer construct the westernmost driveway on N.E. Barry Road, as shown on the preliminary plan, so as to have unrestricted access onto N.E. Barry Road until such time as the eastern driveway on N.E. Barry Road, as shown on the preliminary plan, is constructed and, at that time, the developer will reconstruct the westernmost driveway, including construction of a center median, to restrict traffic onto N.E. Barry Road to only right-in/right-out turns.

19. That the developer install signalization at the intersection of N. Indiana Avenue and the proposed driveway entrance on the east side of N. Indiana Avenue with the development of Phase I as required by the Department of Public Works.

20. That the developer enter into an agreement with the City as required by the Department of Public Works with the development of Phase I whereby the developer agrees to contribute one-fourth of the total cost of signalization at N. Indiana Avenue and relocated N.E. Barry Road not to exceed a total contribution of $30,000.00; provided that the developer shall not be required to contribute an additional $30,000.00 if the developer has contributed $30,000.00 in accordance with Committee Substitute for Ordinance No. 971068.

21. That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, signage, landscaping and building elevations.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 010333, which is attached hereto and made a part hereof.

Section C. 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 Ordinance have been given and had.

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I hereby certify that as required by Chapter 80, 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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Assistant City Attorney