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
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
11. That the developer enter into a covenant agreement for the
maintenance of any stormwater detention area tracts as required by Development
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
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.
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
Approved as to
form and legality:
Assistant City Attorney