ORDINANCE NO. 061200

Rezoning an area of approximately 35.4 acres generally located on the north side of N.W. Barry Road at N. Conant Avenue from Districts GP-5 and GP-7 to District GP-5, and approving a development plan for the same. (6553-GP-4)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0713, rezoning an area of approximately 35.4 acres generally located on the north side of N.W. Barry Road at N. Conant Avenue from Districts GP-5 (Medium Density Residential) and GP-7 (Agricultural, Low Density Residential) to District GP- 5 (Medium Density Residential), said section to read as follows:

Section 80-11A0713. That an area legally described as:

A tract of land in the Southwest Quarter of the Northwest Quarter of Section 12, Township 51, Range 34, Kansas City, Platte County, Missouri, being more particularly described as follows: Beginning at the Southwest corner of said Northwest Quarter; thence North 000458 West, along the West line of said Northwest Quarter, 1310.99 feet (deed-1311.84) to the Northwest corner of the Southwest Quarter of said Northwest Quarter; thence South 895531 East, along the North line of the Southwest Quarter of said Northwest Quarter 1317.71 feet (deed-1317.37) to a point 30.00 feet West of the Northeast corner of said Northwest Quarter; thence South 000237 West, parallel with and 30.00 feet West of the East line of the Southwest Quarter of said Northwest Quarter, 1313.00 feet to a point on the South line of said Northwest Quarter; thence North 895015 West, along said South line, 130.01 feet; thence North 000617 East, 386.50 feet; thence North 895015 West, parallel with the South line of said Northwest Quarter, 386.87 feet; thence South 001029 East, 386.51 feet to a point on the aforementioned South line of said Northwest Quarter; thence North 895021 West along said South line, 799.82 to the Point of Beginning. Except the South 40.00 feet thereof taken for highway purposes. Containing 35.367 acres, more or less.

is hereby rezoned from Districts GP-5 (Medium Density Residential) and GP-7 (Agricultural, Low Density Residential) to District GP-5 (Medium Density Residential), all as shown outlined on a map marked Section 80-11A0713, 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 development 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, commonly known as the Subdivision Regulations.

2.                  That the developer submit a macro "overall" storm drainage study for the entire development to the City Development Department for approval at the time the first plat is submitted, with a micro "detailed" storm drainage study to be submitted for each phase at the time of final platting, and that the developer construct any necessary improvements as required by the City Development Department.

3.                  That the developer construct a raised triangular channelizing traffic island at the new public street on N.W. Barry Road to enforce right-in right-out turn restrictions as required by the City Development Department.

4.                  That the developer dedicate additional right of way for a local street as required by the City Development Department so as to provide a minimum of 50 feet of right of way for the extension of N.W. 85th Terrace to the east where it connects with the existing N.W. 85th Terrace.

5.                  That the developer improve the extension of N.W. 85th Terrace to local street standards as required by the City Development Department, including curbs, gutters, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities from the eastern property line to the western extent of the existing N.W. 85th Terrace.

6.                  That the developer design and construct all interior streets to City standards as required by the City Development Department, including curb, gutter, storm sewers, streetlights, and sidewalks.

7.                  That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

8.                  That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by the City Development Department, and that the developer be responsible for all costs associated with subordination activities.

9.                  That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, or submit a letter from a Missouri licensed civil engineer stating that the sidewalks, curb and gutter are in a good state of repair and meet the requirements set forth in Chapters 56 and 64, Code of Ordinances, as required by the City Development Department prior to recording the plat.

10.              That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to submittal of the first final plat.

11.              That the developer submit plans for grading, siltation, and erosion control to the City Development Department for approval and permitting prior to beginning any construction activities.

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

13.              That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the City Development Department.

14.              That the developer extend water mains as required by the City Development Department.

15.              That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by the City Development Department.

16.              That the developer submit covenants, conditions and restrictions to the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any storm water detention area tracts

17.              That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, screening, berming, lighting (provide a photometric study, with the intent that there shall be no direct illumination beyond the property line), signage, and building elevation drawings.

18.              That the developer grant an Aviation Noise Easement for each phase of the development as required by the Aviation Department

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 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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M. Margaret Sheahan Moran

Assistant City Attorney