COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 960230
Approving an amendment to a previously approved
development plan in District GP-3 (Regional Business) on an approximately 111
acre tract of land generally located at the northeast corner of N.W. Barry Road
and Interstate 29. (10410-GP-9)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That an amendment to a previously
approved development plan in District GP-3 (Regional Business) on an
approximately 111 acre tract of land generally located at the northeast corner
of N.W. Barry Road and Interstate 29, and more specifically described as
follows:
All that part of the Northwest 1/4 of Section 7,
T51N, R33W of the 5th P.M., in Kansas City, Platte County, Missouri, lying
east of the right of way of Interstate Route 29 except that part deeded to
the State of Missouri in right of way deed recorded March 3, 1930, in Book
1 at page 106 and except that part deeded to the State of Missouri in right
of way deed recorded September 27, 1934, in Book 6, page 40, and except
that part deeded to the State Highway Commission in deed filed May 1,
1952, as Document No. 17852 in Book 174 at page 236 and that part deeded to
the State Highway Commission in deed filed November 24, 1958, in Book 211
at page 367 and that part also deeded to the State Highway Commission by
deed filed January 26, 1959, as Document No. 35435 in Book 216 at page 7,
also except that part deeded to the State Highway Commission by warranty
deed filed July 28, 1977, as Document No. 25983 in Book 511 at page 817
and except that part deeded to the City of Kansas City, Missouri by
warranty deed filed August 29, 1985, as Document No. 18540 in Book 675 at
page 51, all more particularly described as follows: Commencing at the
southwest corner of said Northwest 1/4; thence South 89 01'20" East
(all bearings herein are referenced to the Missouri State Plane Coordinate
System) on the south line of said Northwest 1/4, 2635.13 feet to the southeast
corner of said Northwest 1/4; thence North 0 34'35" East on the east
line of said Northwest 1/4, 100.00 feet to the point of beginning being on
the north right of way line of N.W. Barry Road (also known as existing
Route 152); thence North 89 01'20" West on said north right of way
line being 100.00 feet north from, and parallel with, the south line of
said Northwest 1/4, 204.99 feet (202.12 feet deed); thence North 0 58'40"
East on a line perpendicular to said north right of way line, 493.00 feet;
thence North 89 01'20" West, 200.00 feet (200.00 feet deed); thence South
23 33'39" West, 533.94 feet to the north right of way line of said
N.W. Barry Road; thence North 89 01'20" West on said north right of
way line, 436.29 feet (439.17 feet deed) to a point of curvature; thence
southwesterly on a curve to the left of said north right of way line (said
curve having a radius of 2894.79 feet, chord bearing South 88 28'40"
West, chord distance 252.54 feet) an arc distance of 252.62 feet (252.62
feet deed) to a point of tangency; thence South 85 58'40" West on said
north right of way line, 346.47 feet (346.47 feet deed) to a point of
curvature; thence southwesterly on a curve to the right of said north
right of way line (said curve having a radius of 2834.79 feet, chord
bearing South 88 14'13" West, chord distance 223.51 feet) an arc
distance of 223.56 feet (221.99+ feet deed) to a point on the easterly
right of way line of Interstate Route 29; thence North 42 12'12" West on
said easterly right of way line, 151.15 feet to a point opposite and
556.27 feet (557.0 feet deed) distance easterly of Interstate Route 29 median
centerline Station 678+33.56 (678+30.8 deed) also being a point opposite
and 158.32 feet (159.0 feet deed) distant northerly of existing Route 152
(also known as N.W. Barry Road) centerline Station 5+54.64 (5+55.6 deed);
thence North 14 05'56" West on said easterly right of way line,
965.20 feet to a point opposite and 315.00 feet distance easterly of
Interstate Route 29 median centerline Station 669+00; thence North 1
48'31" East on said easterly right of way line, 400.12 feet to a
point opposite and 325.00 feet distant easterly of Interstate Route 29
median centerline Station 665+00; thence North 43 00'50" East on said
easterly right of way line, 509.33 feet to a point opposite and 670.00
feet distant easterly of Interstate Route 29 median centerline 661+25.31
(661+25 deed) also being a point opposite and 912.50 feet distant southerly of
Route 152 relocation median centerline Station 47+69.13 (47+68.9 deed);
thence North 47 45'48" East on the southerly right of way line of
said Route 152 relocation, 762.89 feet to a point opposite and 390.00 feet
distant southerly of Route 152 relocation median centerline Station 53+25;
thence North 61 01'44" East on said southerly right of way line,
490.56 feet to a point opposite and 145.00 feet distant southerly of Route
152 relocation median centerline Station 57+50; thence south 89
00'32" East on said southerly right of way line, 800.00 feet to a point
opposite and 145.00 feet distant southerly of Route 152 relocation median
centerline Station 65+50; thence South 81 53'02" East on said
southerly right of way line, 76.53 feet to a point on the east line of
said Northwest 1/4, being 20.60 feet south of the northeast corner of said
Northwest 1/4 as measured on said east line; thence South 0 34'35"
West on said east line, 2526.30 feet to the point of beginning; together
with that part of the Southeast 1/4 of the Northwest 1/4 of Section 7,
T51N, R33W of the 5th P.M., Kansas City, Platte County, Missouri,
described as follows: Commencing at the southwest corner of the Northwest
1/4 of said Section 7; thence South 89 00'52" East (all bearings
herein are referenced to the City of Kansas City, Missouri Independent
Grid System) on the south line of said Northwest 1/4, 2429.4 feet
(measured 2429.13 feet); thence North 0 59'08" East, 100.00 feet to a
point on the north line of that tract of land deeded to the City of Kansas
City, Missouri in Book 668, page 657 of the Platte County Recorder of
Deeds Office, said point being the point of beginning; thence continuing
North 0 59'08" East, 493.00 feet; thence North 89 00'52" West on
a line 593.00 feet north of, and parallel with, the south line of said
Northwest 1/4, 200.00 feet; thence South 23 34'07" West, 533.94 feet to
a point on the north line of that tract described in Book 668; thence
South 89 00'52" East on said north line, 405.05 feet to the point of
beginning.
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 final plats for each phase provide for
cross-access easements.
3. That the developer improve N. Executive Hills
Boulevard to primary arterial street standards, including
streetlights and sidewalks.
4. That the developer submit a storm drainage
study for the entire development to the City Engineer's Office for
approval and that improvements be made as required by
the City Engineer's Office.
5. That the developer submit plans for grading and
siltation and erosion control to the City Engineer's Office for
approval prior to beginning any construction activities.
6. That the developer extend sanitary sewers as
required by the Department of Public Works.
7. That the developer grant a Noise and Aviation
Easement for each phase to the City and file same with each final
plat.
8. That the developer extend water mains as required
by the Water Services Department.
9. That the developer provide for a truck loading
and unloading dock on the premises.
10. That the developer provide for fire protection
as required by the Fire Department.
11. That the developer limit the height of any
structure so as not to exceed an elevation of 1300 feet (USGA Datum)
in accordance with the Kansas City International
Airport Height Zone Map, Document No. 138-27,
dated March, 1982.
12. That the developer improve Boardwalk Avenue to
collector street standards, including streetlights and sidewalks.
13. That the developer limit the entrances between
Executive Hills Boulevard and the east property line to one driveway
entrance and one public street.
14. That the developer be limited to 320,000 square
feet of floor space until a traffic study is prepared and reviewed by
the Department of Public Works and, at that time,
the Department of Public Works will
determine the need for a third westbound lane
on Barry Road in front of the subject property and developer agree to
consider
contribution to the cost of that third lane.
15. That the developer dedicate an additional 15
feet of right of way along the N.W. Barry Road frontage and that the
setback requirement of 50 feet be established from
the new right of way line; dedication may be
deferred upon approval of an agreement
with the City.
16. That the developer secure a land disturbance
permit from the Missouri Department of Natural Resources.
17. That the developer submit a landscape and
architectural plan to the Director of the Department of City
Development for approval which includes detailed information
on landscaping, lighting and architectural
features.
A copy of said amendment is on file in the office of the
City Clerk under Document No. 960230, which is attached hereto and 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 Ordinance have been given and had.
_____________________________________________
I hereby certify that as required by Chapter 80,
Code of Ordinances, the foregoing ordinance was duly advertised and public
hearings were held.
___________________________________
Secretary, City Plan
Commission
Approved as to form and
legality:
___________________________________
Assistant City Attorney