ORDINANCE NO. 030829

Approving an amendment to a previously approved development plan in District CP-2 (Local Planned Business Center) on approximately a 5.78 acre tract of land generally located on the east side of N.E. Antioch Road between I-35 and N.E. 43rd Street. (4817-CP-2)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved development plan in District CP-2 (Local Planned Business Center) on approximately a 5.78 acre tract of land generally located on the east side of N.E. Antioch Road between I-35 and N.E. 43rd Street, and more specifically described as follows:

Lot 4 and Lot 5, Midland Heights, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, excepting those areas located within street and highway right-of-ways.

is hereby approved, subject to the following conditions:

1. 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.

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

3. That the developer construct sidewalks on the east side of N. Antioch Road and the north side of N.E. 43rd Street along Phase II only as shown on the preliminary plan as required by the Department of Public Works.

4. That the developer submit a final plan to the City Plan Commission for approval, including plans for landscaping, signage, and grading. The final plan shall include berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of signage. In addition, the final plan shall include a photometric lighting plan with no direct light being visible beyond the property line. Lights under the canopy should be recessed.

A copy of said amendment is on file in the office of the City Clerk under Document No. 970453, which is attached hereto and 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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Assistant City Attorney