ORDINANCE NO. 960134

 

Approving an amendment to a previously approved preliminary plan in District C-2-p (Local Retail Business - Limited District) on approximately a 28.94 acre tract of land generally located at the southwest corner of Missouri Highway 152 (Barry Road) and N. Church Road. (9815-P-26)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District C-2-p (Local Retail Business - Limited District) on approximately a 28.94 acre tract of land generally located at the southwest corner of Missouri Highway 152 (Barry Road) and N. Church Road, and more specifically described as follows:

 

A tract of land located in the south one-half of Section 11, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri, more particularly described as follows: Commencing at the northwest corner of the Southwest Quarter of said Section 11; thence South 89 18'53" East, along the north line of said Southwest Quarter Section, a distance of 2579.13 feet, to the center of said Section 11; thence South 0 27'07" West, along the west line of the Southeast Quarter of said Section 11, a distance of 307.19 feet, to a point on the south right of way of Missouri Highway No. 152, as now established; said point being the point of beginning; thence South 88 35'25" East, along said south right of way line, a distance of 38.90 feet; thence North 1 24'35" East, along said south right of way line, a distance of 96.00 feet; thence South 88 35'25" East, along said south right of way line, a distance of 400.00 feet; thence North 80 06'00" East, along said south right of way line, a distance of 101.98 feet; thence South 88 35'25" East, along said right of way line a distance of 450.00 feet; thence departing said right of way line on a bearing of South 1 24'35" West, a distance of 520.00 feet to a point of curvature; thence along a curve to the left having a radius of 1104.84 feet, a central angle of 25 30'00" an arc distance of 491.72 feet to a point of tangency; thence South 24 05'25" East, a distance of 91.76 feet; thence South 65 54'35" West, a distance of 264.28 feet; thence along a curve to the left having a radius of 530.00 feet, a central angle of 37 50'55", and an arc distance of 350.11 feet; thence North 61 56'19" West, a distance of 710.90 feet to the southwest corner of the Northwest Quarter of the Southeast Quarter of said Section 11; thence North 0 27'07" East, along the west line of the Southeast Quarter of said Section 11, a distance of 998.13 feet, to the point of beginning, containing 1,260,907.724 square feet or 28.947 acres more or less.

 

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 to the City Engineer's Office for approval for the entire development and that the developer make any improvements

as required by the City Engineer's Office.

 

3. That the developer submit plans for grading and siltation and erosion control to the City Engineer's Office for approval prior to the commencement of any construction

activities.

 

4. That the developer include with the final plat cross access easements and covenants for the maintenance of storm water detention as required by the Department of Public

Works.

 

5. That the developer improve three lanes of Flintlock Road to secondary arterial street standards including construction of sidewalks.

 

6. That the developer dedicate 40 feet of right of way from centerline for N. Flintlock Road as required by the Department of Public Works.

 

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

 

8. That the developer secure a floodplain certificate prior to any work within the 100-year flood boundary.

 

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

 

10. That the developer extend sanitary sewers as required by the Water Services Department.

 

11. That the developer work with the City to increase the curve radius of Flintlock Road at the southwest corner of this proposed site plan (southwest corner of shopping

center).

 

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

 

13. That the developer contribute to the I-35/Barry Road Corridor Improvement Fund based upon the following:

 

Shopping Mall 255,500 sq. ft. at $0.71/sq. ft. = $181,405.00

Savings & Loan 5,400 sq. ft. at $6.02/sq. ft. = 32,508.00

Applebee's Restaurant 5,500 sq. ft. at $1.83/sq. ft. = 10,065.00

Provided that the developer shall be given credit for the cost of the construction of

one and one-half lanes of the three lanes on Flintlock Road based on $115.00 per

lineal foot.

 

14. That the developer enter into an agreement with the City to provide that the developer will share in the cost of the traffic signal at Flintlock Road up to 25% of

the cost at the time the State determines a traffic signal is necessary; provided that

developer shall bear the full cost of either or both signals if developer desires

installation of the signals prior to the State's determination.

 

15. That the developer submit a final plan to the City Plan Commission for approval including plans for signage, landscaping and screening.

 

16. That the developer construct sidewalks on the west side of N. Church Road.

 

17. That the developer dedicate 60 feet of right of way for N. Arlington Avenue as required by the Department of Public Works.

 

18. That the developer construct N. Arlington Avenue to collector street standards as required by the Department of Public Works.

 

A copy of said amendment is on file in the office of the City Clerk under Document No. 960134, 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