ORDINANCE NO. 081265

Approving an amendment to a previously approved preliminary plan in District CP-2 on approximately a 14.9 acre tract of land generally located at the northeast corner of N.E. New Mark Drive and N. Oak Trafficway. (5512-CP-14)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District CP-2 (Local Planne d Business Center), on approximately a 14.9 acre tract of land generally located at the northeast corner of N.E. New Mark Drive and N. Oak Trafficway, and more specifically described as follows:

Lots 1, 2 and 3, and Tract A, New Mark Center, a subdivision in Kansas City, Clay County Missouri

is hereby approved, subject to the following conditions:

1. That the developer dedicate additional right of way for N. Oak Trafficway for a primary arterial and bicycle route by separate document as required by Development Services so as to insure 56 feet of right of way as measured from the centerline of N. Oak Trafficway between N.E. New Mark Drive and N.E. 102nd Terrace, prior to issuance of any certificate of occupancy.

2. 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 and acceptance prior to approval and issuance of any building permits and make necessary improvements as required by Development Services prior to issuance of any certificate of occupancy.

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 any certificate of occupancy.

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

5. That the developer extend sanitary sewers as required by Development Services.

6. That the developer obtain a land disturbance permit from Development Services prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

7. That the developer provide for fire protection as required by the Fire Department prior to construction beyond foundations.

8. That the developer extend/relocate water mains and grant exclusive easements as required by the Water Services Department.

9. That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

10. That the developer grant a BMP Easement to the City as required by Development Services prior to issuance of any certificate of occupancy.

11. That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by Development Services.

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

13. That the developer submit a final plan to the City Plan Commission for approval, including plans for building elevations (of colors/materials similar to the existing buildings within the plan area, articulation/fenestration on all building sides, and screening of all rooftop equipment), landscaping (including canopy shade trees a maximum average of 50 feet on center along the street frontages), grading, screening (including specific plans for earthen berms and landscaping along the southern and eastern property lines) and lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line). The next final plan submittal must also include landscaping along the N. Oak Trafficway frontage of Lot 3 and the detention basin.

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