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Legislation #: 050278 Introduction Date: 3/3/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FAIRFIELD AND COUNCILMEMBER COOPER
Title: Rezoning an area of approximately 2.8 acres generally located on the south side of N.W. Barry Road, between N. Hickory Street and N. Mercier Street, from District C-2 to District PD/C-2, and approving a development plan for the same. (12470-PD-2)

Legislation History
DateMinutesDescription
3/3/2005 Filed by the Clerk's office
3/3/2005 Referred to Planning, Zoning & Economic Development Committee
3/23/2005 Advance and Do Pass as a Committee Substitute, Debate
3/24/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
adv050240,242,248,249,277,278,285.pdf Advertise Notice 72K adv
050278.pdf Authenticated 212K Authenticated

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050278

 

Rezoning an area of approximately 2.8 acres generally located on the south side of N.W. Barry Road, between N. Hickory Street and N. Mercier Street, from District C-2 to District PD/C-2, and approving a development plan for the same. (12470-PD-2)

 

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 80-11A0618, rezoning an area of approximately 2.8 acres generally located on the south side of N.W. Barry Road, between N. Hickory Street and N. Mercier Street, from District C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail Business), said section to read as follows:

Section 80-11A0618. That an area legally described as:

 

All that part of BARRY MEMORIAL GARDENS, a subdivision in the City of Kansas City, Clay County, Missouri and that part of the Fractional Southwest Quarter of Section 10, Township 51, Range 33, in said City, County and State, being more particularly described as follows:

 

Commencing at the Northwest corner of said Fractional Southwest Quarter; thence South 89 degrees 28 minutes 58 seconds East along the North line of said Fractional Southwest Quarter, a distance of 792.67 feet to a point on the Northerly prolongation of the West line of BARRY MEMORIAL GARDENS, a subdivision in said City, County and State; thence South 0 degrees 10 minutes 30 seconds West (South 0 degrees 06 minutes 23 seconds West, Plat) along said Northerly prolongation and also along said West line, a distance of 109.73 feet to a point on the Southerly right-of-way line of Barry Road, as now established, said point being also the Point of Beginning of the tract of land to be herein described; thence the following courses and distances along said Southerly right-of-way line; thence Northerly, Northeasterly and Easterly along a curve to the right, having an initial tangent bearing of North 0 degrees 10 minutes 30 seconds East, a radius of 26.00 feet and a central angle of 90 degrees 35 minutes 04 seconds, an arc distance of 41.11 feet (41.10', Deed); thence South 89 degrees 14 minutes 26 seconds East, tangent to the last described curve, a distance of 160.20 feet; thence South 82 degrees 35 minutes 27 seconds East, 89.47 feet to a point 95.00 feet South of the North line of said Fractional Southwest Quarter; thence South 89 degrees 28 minutes 58 seconds East and parallel with said North line, a distance of 152.19 feet; thence South 0 degrees 10 minutes 30 seconds West, no longer along said Southerly right-of-way line, parallel with the West line of said BARRY MEMORIAL GARDENS, a distance of 280.91 feet to a point on the North line of said BARRY MEMORIAL GARDENS; thence North 89 degrees 28 minutes 58 seconds West (North 89 degrees 32 minutes 37 seconds West, Plat) along said North line and the Westerly prolongation thereof, a distance of 427.41 feet to a point on the most Westerly, West line of said BARRY MEMORIAL GARDENS; thence North 0 degrees 10 minutes 30 seconds East (North 0 degrees 06 minutes 23 seconds East, Plat) along said West line, a distance of 266.16 feet to the Point of Beginning. Containing 122,463 square feet or 2.811 acres, more or less.

 

is hereby rezoned from District C-2 (Local Retail Business) to District PD/C-2 (Planned District/Local Retail Business) all as shown outlined on a map marked Section 80-11A0618, 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 detailed micro storm drainage study and that the developer construct any improvements as required by the Department of Public Works or contribute toward the design and construction of the regional storm water detention basin, prior to issuance of any building permits or recording of the final plat, whichever occurs first.

 

3.                  That the developer provide cross-access easements on the final plat as required by the Department of Public Works.

 

4.                  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.

 

5.                  That the developer add a Right Lane Must Turn Right sign (R3-7R) for the separate right-turn lane for the eastern private drive entrance located at the intersection of N.W. Barry Road and N. Mercier Avenue as shown on the development plan.

 

6.                  That the developer construct all proposed driveways so as to meet the intersection sight distance requirements as required by the Department of Public Works. Driveway throat lengths at all proposed drive entrances accessing City maintained streets shall be a minimum of 75 feet (curb to curb) as required by the Department of Public Works.

 

7.                  That the developer modify the traffic signals and install necessary signs and pavement markings at N.W. Barry Rd and N. Mercier Avenue as required by the Department of Public Works.

 

8.                  That the developer secure permits to repair sidewalks, curb and gutters along all development street frontages as required by the Department of Public Works in accordance with Chapters 56 and 64 of the Code, prior to recording of the plat.

 

9.                  That the developer submit plans for grading, siltation, and erosion control to the City Engineer's Office for approval and permitting prior to beginning any construction activities.

 

10.              That the developer secure a site 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.

 

11.              That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department Public Works.

 

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

 

13.              That the developer submit covenants, conditions and restrictions to the Law Department for approval and enter into a covenant agreement for the maintenance of any stormwater detention area tracts, if applicable.

 

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

 

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

 

16.              That the developer comply with the height restrictions of Kansas City International Airport Height Zoning Map.

 

17.              That the developer submit a final plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding: property uses, setback distances, lighting (photometrics plan), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of buildings and signage.

 

A copy of said development plan is on file in the office of the City Clerk under Document No. 050278, 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.

 

____________________________________________

 

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:

 

 

____________________________________

M. Margaret Sheahan Moran

Assistant City Attorney