COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051424

Approving a preliminary plan for an area of approximately 1.92 acres of land generally located at 10500 N.E. Cookingham to allow for the expansion of an existing convenience store. (6158-CP-17)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That a preliminary plan for an area of approximately 1.92 acres of land generally located at 10500 N.E. Cookingham, legally described as:

Lot 1 and Tract A, Replat of Highland Park Business Center First Plat, a subdivision in Kansas City, Clay County, Missouri, containing approximately 1.92 acres.

is hereby approved subject to the following conditions.

1. That the developer submit 5 additional copies of the plan and acetates that show a walkway along the entire frontage of Missouri Route A as required by MODOT.

2. That the developer submit new or update the previously approved macro storm drainage study for the overall development to address the development amendments along with a detailed micro study for approval prior to approval of the next plat and make necessary improvements as required by Development Services.

3. 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.

4. That the developer secure permits to construct or reconstruct existing sidewalks, curb, gutter, storm sewers, and streetlights as necessary along all development street frontages, as required by the Department of Public Works, prior to recording the next plat.

5. That any relocated streetlights be integrated into the existing street light system as required by Development Services and the Missouri Department of Transportation along State frontages.

6. A permit from the Missouri Department of Transportation is required prior to working within any State highway right-of-way.

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

8. 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 exceeds one acre.

9. That the developer extend sanitary sewers and provide a storm water conveyance system to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

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

11. 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 stormwater detention area tracts.

12. That the developer submit a final plan to the City Plan Commission for approval, showing grading, landscaping, berming and screening, building elevations and a photometric study showing zero footcandles at the property line.

13. That the developer enter into a secured deferral agreement for the construction of a sidewalk on the north side of Missouri Route A along the frontage of the site if permitted by the Missouri Department of Transportation, when A Highway is reconstructed or within five years.

14. That the developer apply for a variance from the Board of Zoning for the encroachment of the fuel island canopy over the platted building line, if required by the City Development Department.

A copy of said 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.

Secretary, City Plan Commission

Approved as to form and legality:

M. Margaret Sheahan Moran

Assistant City Attorney