ORDINANCE NO. 990725

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0218, rezoning an area of approximately 89.56 acres generally located at the northwest corner of N.W. Barry Road and Highway 169 from Districts RA (Agricultural) and CP-3 (Regional Planned Business Center) to District CP-3 (Regional Planned Business Center), and approving a preliminary plan for the same. (11426-CP-10)

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 80-11A0218, rezoning an area of approximately 89.56 acres generally located at the northwest corner of N.W. Barry Road and Highway 169 from Districts RA (Agricultural) and CP-3 (Regional Planned Business Center) to District CP-3 (Regional Planned Business Center), said section to read as follows:

Section 80-11A0218. That an area legally described as:

A tract of land in the Fractional Northwest Quarter and the Northeast Quarter of Section 10 and the Fractional Southwest Quarter and the Southeast Quarter of Section 3, all in Township 51, Range 33, in Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the southeast corner of said Fractional Northwest Quarter; thence North 8928'55" West, along the south line of said Fractional Northwest Quarter, 666.00 feet; thence North 035'35" East, 191.63 feet; thence northeasterly, along a curve to the right, tangent to the last described course, having a radius of 512.00 feet, a central angle of 2124'12", an arc distance of 191.26 feet; thence northeasterly, along a curve to the right, having a common tangent to the last described course, a radius of 280.00 feet, a central angle of 1637'53", an arc distance of 81.28 feet; thence North 5122'13" West, 121.09 feet; thence northerly, along a curve to the right, having an initial tangent bearing of North 1619'11" West, a radius of 500.00 feet, a central angle of 325'42", an arc distance of 29.92 feet; thence North 1503'28 East, 502.36 feet; thence North 7456'20" West, 247.89 feet; thence North 0446'14" East, 977.16 feet; thence North 1652'19" East, 193.20 feet; thence North 2924'36" East, 201.67 feet; thence North 2136'24" West, 136.89 feet; thence easterly on a curve to the right, having an initial tangent bearing of North 6823'36" East, a radius of 1506.00 feet, an arc distance of 1111.77 feet; thence South 6918'33" East, 651.25 feet to a point on the westerly right of way line of U.S. Highway 169, as now established; thence southerly on a curve to the right, along said westerly line, having an initial tangent bearing of South 0650'03" West, a radius of 5839.58 feet, an arc distance of 670.25 feet; thence South 0015'28" West along said westerly line, 449.86 feet; thence South 2559'41" West along said westerly line, 15.15 feet to a point on the northerly line of Barry Towne - Second Plat, a subdivision of land in Kansas City, Clay County, Missouri; thence continuing South 2559'41" West, along said westerly line, 114.79 feet; thence South 3732'17"

West, along said westerly line, 282.03 feet; thence South 5200'41" West, along said westerly line, 98.41 feet; thence South 4628'53" West, along said westerly line, 266.74 feet; thence southwesterly, along said westerly line, on a curve to the left, tangent to the last described course, having a radius of 420.00 feet, a central angle of 3811'05", an arc distance of 279.91 feet; thence South 0821'55" West, along said westerly line, 211.32 feet; thence South 2805'16" West, along said westerly line, 79.61 feet; thence South 7113'17" West, along said westerly line, 105.94 feet; thence South 8448'08" West, along said westerly line, 100.50 feet; thence North 8929'15" West, along said westerly line, 125.92 feet, to a point on the east line of the aforesaid Fractional Northwest Quarter of said Section 10; thence South 0035'23" West, along said east line, 80.01 feet to the point of beginning. Containing 89.56 acres, more or less.

is hereby rezoned from Districts RA (Agricultural) and CP-3 (Regional Planned Business Center) to District CP-3 (Regional Planned Business Center), all as shown outlined on a map marked Section 80-11A0218, 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 preliminary 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, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit a storm drainage study to the City Engineers Office for approval and that the developer make any necessary improvements as required by the City Engineers Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

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

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

6. That the developer secure the approval of the Street Naming Committee for all street names.

7. That the developer construct temporary cul-de-sacs for each phase as required by the Department of Public Works.

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

9. That the developer secure the approval of the Missouri Department of Transportation prior to working in any State right of way.

10. That the developer dedicate additional right of way on the north and/or south side of N.W. Barry Road and maintain island widths of no less than 16 feet, provided however, that island widths may narrow to no less than 8 feet to accommodate left turn lanes or based upon the approved traffic study as required by the Department of Public Works.

11. That the developer dedicate additional right of way on the south side of proposed N.W. 87th Street, between N. Madison Avenue and Highway 169, as shown on the approved engineering drawings on file with the City Engineers Office.

12. That the developer realign N.W. Barry Road between existing N. Madison Avenue and N. Hickory Street as recommended by the approved traffic study, including frontage in front of the church located immediately west of the west entrance of the development, as shown on the approved engineering drawings on file with the City Engineers Office.

13. That the developer widen and relocate existing N. Madison Avenue west approximately 180 feet south of N.W. Barry Road and construct a new approach on N. Madison Avenue north of N.W. Barry Road as approved by the Department of Public Works.

14. That the developer construct N. Madison Avenue so as to provide a minimum of two northbound lanes and three southbound lanes, including two left turn lanes at its intersection with N.W. Barry Road, as required by the Department of Public Works, including construction of curbs, gutter and sidewalks and installation of streetlights.

15. That the developer construct an eastbound to southbound ramp onto Highway 169 to match the proposed N.W. Barry Road Bridge configuration per the Barry Road Improvement Drawings on file with the Department of Public Works and the Missouri Department of Transportation.

16. That the developer construct traffic signal improvements at the intersection of N.W. Barry Road/N. Madison Avenue and N.W. Barry Road/the west access drive as required by the Department of Public Works.

17. That the developer widen the northbound off-ramp at its intersection with N.W. Barry Road to provide a second left turn lane subject to the approval of the Missouri Department of Transportation.

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

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

20. That the developer submit shared parking agreements to the City prior to the approval of any final plat as required by the Department of Public Works.

21. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, both on site and within the proposed revised islands in the right of way, grading and signage (including elevations). The landscaping plan shall identify adequate area for planting of trees and shrubs within the parking lot.

A copy of said preliminary plan is on file in the office of the City Clerk under Document No. 990725, 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.

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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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Assistant City Attorney