ORDINANCE NO. 080828

Approving an amendment to a previously approved preliminary plan in District GP-3/4 (Regional Business/High Density Residential) on a 3.82 acre tract of land generally located at the northwest corner of N.W. Barry Road and I-29. (12648-GP-13):

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District GP-3/4 (Regional Business/High Density Residential) on a 3.82 acre tract of land generally located at the northwest corner of N.W. Barry Road and I-29, and more specifically described as follows:

A tract of land in the Northeast Quarter of Section 12, Township 51 North, Range 34 West including all of Zona Rosa 4^th Plat and part of Lot 1, Block 2, Zona Rosa 3rd Plat, both subdivisions of land in Kansas City, Platte County, Missouri described as follows: Commencing at the Southeast corner of said Northeast Quarter; thence North 894900 West along the South line of said Northeast Quarter, 760.69 feet; thence North 01100 East, 119.51 feet to the Intersection of the Northerly right-of-way line of NW Barry Road, as now established and the Westerly right-of-way line of NW Prairie View Road, as established by Zona Rosa 2nd Plat, a subdivision of land in Kansas City, Platte County, Missouri; thence South 894411 East along the Northerly right-of-way line of said NW Barry Road, 116.41 feet to the Easterly right-of-way line of said NW Prairie View Road, said point being the True Point of Beginning of the tract to be herein described; thence North 214318 East along said Easterly right-of-way line, 15.00 feet; thence Northerly along said Easterly right-of-way line, along a curve to the left, being tangent to the last described course, having a radius of 437.33 feet, a central angle of 300446 and an arc distance of 229.59 feet; thence North 082128 West along said Easterly right-of-way line, 119.23 feet; thence North 90^o0000 East, 116.37 feet; thence North 00000 East, 20.00 feet; thence North 900000 East, 297.77 feet, said point also being on the Westerly right-of-way line of Interstate Highway No. 29, as now established; thence South 7^o4129 East along said Westerly right-of-way line, 392.40 feet; thence South 41^o0958 West along said Westerly right-of-way line and said Easterly lot line, 39.74 feet to a point on the Northerly right-of-way line of said NW Barry Road, as established by Document No. 8785, Book 970 at Page 796 on May 8, 2002; thence North 89^o4900 West along said Northerly line, 300.10 feet to a point of the East line of Lot 2, said Barry Park; thence North 41^o2735 East along the Easterly line of said Lot 2 and along the Westerly line of last said Lot 1, 77.02 feet; thence North 15^o4251 East along said Westerly and Easterly lot lines, 61.19 feet (Zona Rosa 1^st Plat-59.06 and Barry Park-61.19) to the Northeast corner of said Lot 2 and the Southeast corner of said Lot 1, Barry Park: thence North 89^o5045 West along the North line of last said Lot 2 and the South line of last said Lot 1, 122.35 feet (Plat-122.31) to the Southwest corner of said Lot 1 and the Northwest corner of said Lot 2; thence South 0^o1015 West along the West line of said Lot 2, 116.90 feet to the Northerly right-of-way line of said NW Barry Road, as now established; thence North 89^o4411 West along said Northerly right-of-way line, 72.14 feet; thence North 21^o0837 West, along said Northerly right-of-way line, 42.96 feet; thence North 89^o4411 West along said Northerly right-of-way line, 12.27 feet to the Point of Beginning. Containing 3.82 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer submit an update to the previously accepted macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for review at the time of building permit application and make necessary improvements as required by Development Services prior to issuance of a certificate of occupancy.

2. 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.

3. That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to issuance of a certificate of occupancy.

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

5. That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

6. That the developer receive the approval of the Board of Zoning Adjustment for any necessary variances.

7. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the right of way lines and south plan boundary and no direct illumination of any public right of way)and building elevations.

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is 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.

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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