COMMITTEE SUBSTITUTE FOR
ORDINANCE NO. 010332
Approving
a Community Unit Project on an approximately 41.8 acre tract of land generally located
on the north side of relocated N.E. Barry Road and approximately 1,600 feet
east of N. Indiana Avenue. (11980-CUP-4)
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
A. That a Community Unit Project on an approximately 41.8 acre tract of land
generally located on the north side of relocated N.E. Barry Road and
approximately 1,600 feet east of N. Indiana Avenue, and more specifically
described as follows:
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 described as follows: Beginning at
the northeast corner of the Northeast Quarter of said Section 7; thence South 0E30'44" West, along the east line of
said Northeast Quarter, 1315.25 feet to the southeast corner of the North
One-Half of said Northeast Quarter; thence North 89E24'22" West, along the south line of
said North One-Half, 1165.61 feet to a point on the right-of-way line of Barry
Road (relocated), as now established; thence North 11E18'06" East, along said right-of-way
line, 29.51 feet; thence North 01E13'49"
East, along said right-of-way line, 96.91 feet; thence westerly, along a curve
to the left, having an initial tangent bearing of North 85E18'33" West, a radius of 1815.00
feet, a central angle of 01E43'26",
an arc distance of 54.63 feet; thence northwesterly, along a curve to the
right, having a common tangent with the last described course, a radius of
15.00 feet, a central angle of 76E07'31",
an arc distance of 19.93 feet; thence North 0E30'26" East, 51.74 feet; thence northerly,
along a curve to the left, tangent to the last described course, having a
radius of 535.00 feet, a central angle of 57E42'34",
an arc distance of 538.86 feet; thence North 35E28'33" East, 53.15 feet; thence
northeasterly, along a curve to the right, tangent to the last described
course, having a radius of 350.00 feet, a central angle of 14E23'13", an arc distance of 87.89
feet; thence northeasterly, along a curve to the left, having a common tangent
with the last described course, a radius of 300.0 feet, a central angle of 19E13'35", an arc distance of 100.67
feet; thence northeasterly along a curve to the left, having a common tangent
with the last described course, a radius of 385.86 feet, a central angle of 02E58'13", an arc distance of 20.00
feet; thence northwesterly, along a curve to the right, having an initial
tangent bearing of North 61E41'24"
West, a radius of 435.00 feet, a central angle of 20E28'00", an arc distance of 155.39
feet; thence northwesterly, along a curve to the right, having a common tangent
with the last described course, a radius of 395.78 feet, a central angle of 24E15'11", an arc distance of 935.00
feet; thence northerly, along a curve to the right, having a common tangent
with the last described course, a radius of 435.00 feet, a central angle of 12E23'39", an arc distance of 94.10
feet; thence South 89E37'35" East,
parallel with and 70.00 feet north of the north line of the Northeast Quarter
of said Section 7, 300.32 feet; thence South 0E24'36" West, 70.00 feet to a point on the
north line of said Northeast Quarter; thence South 89E37'35" East, along
said
north line, 1344.90 feet to the point of beginning. Containing 41.80 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 for the entire development to the City Engineers Office
for approval when the first final plat is submitted and that the developer
construct any improvements as required by the City Engineers Office.
3. 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.
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 dedicate
additional right of way for relocated N.E. Barry Road as required by the
Department of Public Works so as to provide a total of 100 feet of right of way
for the extension of relocated N.E. Barry Road.
7. That the developer construct
the north half of the extension of relocated N.E. Barry Road so as to provide
one-half of a divided primary arterial street as required by the Department of
Public Works, including construction of curbs, gutters and sidewalks and
installation of streetlights.
8. That the developer construct a
westbound left turn lane on N.E. Barry Road at N. Indiana Avenue as required by
the Department of Public Works at such time as Phase 2C, as shown on the
Community Unit Project plan, is developed; provided that the left turn lane has
not already been constructed.
9. That the developer construct
sidewalks on all public streets as required by the Department of Public Works.
10. That the developer provide for
fire protection as required by the Fire Department.
11. That the developer extend water
mains as required by the Water Services Department.
12. That the developer extend
sanitary sewers as required by the Department of Public Works.
13. That the developer submit a
street name signage plan to the Street Naming Committee for approval of all
street names.
14. That the developer construct
temporary cul-de-sacs as required by the Department of Public Works for each
phase.
15. 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.
16. That the developer secure the
approval of the Missouri Department of Transportation prior to working within
any State right of way.
17. That the developer submit
covenants, conditions and restrictions to the Law Department for approval for
the maintenance of any detention tracts and/or private open space.
18. That the developer provide for
adequate sight distances at all street intersections as required by the
Department of Public Works.
19. That the developer include a
statement on the final plats prohibiting vehicular access from all residential
lots backing onto relocated N.E. Barry Road as required by the Department of
Public Works.
20. That the developer receive the
approval of the Board of Zoning Adjustment for any subdivision identification
signage prior to installation of any signs.
21. That the developer submit a street
tree planting plan as part of the final plat with a copy to be submitted to the
Department of City Development, secure the approval of the City Forester for
street trees planted on right of way in front of residential lots, and plant
the street trees in conformance with the plan approved by the City Forester.
The plan shall include size, type, species and placement of trees.
22. That the developer submit a
final plan to the City Plan Commission for approval, including plans for
landscaping, signage and grading. The final plan shall include berms, trees
and plantings around and within the parking lots, and shall show proposed
pedestrian circulation and elevation drawings of signage.
A copy of said Community Unit
Project plan is on file in the office of the City Clerk under Document No.
010332, 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
Community Unit Project 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