COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050439

 

Approving an amended preliminary development plan in District CP-2 on about 31.2 acres located at the northwest corner of N.E. 50th Terrace and N. Oak Trafficway, and approving a related Termination Agreement. (6331-CP-12)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amended preliminary development plan in District CP-2 (local planned business center) on about 31.2 acres located at the northwest corner of N.E. 50th Terrace and N. Oak Trafficway, and more specifically described as follows:

 

Lot 1, Replat of North Oak Business Park, Second Plat a subdivision in Kansas City, Clay County, Missouri

 

Tract 1, North Oak Business Park, Second Plat a subdivision in Kansas City, Clay County, Missouri

 

Lot 1, North Oak Business Park, Second Plat a subdivision in Kansas City, Clay County, Missouri

 

Lot 2, North Oak Business Park, Third Plat a subdivision in Kansas City, Clay County, Missouri

 

Lot 1, North Oak Business Park, Fourth Plat a subdivision in Kansas City, Clay County, Missouri

 

Lot 2, North Oak Business Park, Fourth Plat a subdivision in Kansas City, Clay County, Missouri

 

Lot 3, North Oak Business Park, Fourth Plat a subdivision in Kansas City, Clay County, Missouri

 

Tract A, North Oak Business Park a subdivision in Kansas City, Clay County, Missouri

 

Lot B-1 on the Lot Split Survey of portions of Tract B of NORTH OAK BUSINESS PARK and Lot 2 of REPLAT OF NORTH OAK BUSINESS PARK 2nd PLAT, both subdivisions in Kansas City, Clay County, Missouri, according to the recorded plats thereof, said Lot Split Survey being recorded on August 31, 1999 in Book E, Page 113, as Document No. P66779 in the official records of Clay County, Missouri.

 

is hereby approved, subject to the following conditions:

 

1. That the developer dedicate by deed additional right of way for a primary arterial with a bike lane as required by the Department of Public Works so as to provide a minimum of 56 feet of right of way as measured from the centerline of N. Oak Trafficway.

 

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 issuance of building permits and make necessary improvements as required by the City Engineer's Office.

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 submit plans for grading, siltation, and erosion control to the City Engineer's Office for approval and permitting prior to beginning any construction activities.

 

5. That the developer secure a Site Disturbance Permit from the Department of Public Works prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area exceeds one acre.

 

6. That the developer extend water mains as required by the Water Services Department.

 

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

 

8. That the developer complete landscaping per the standards of the 1983 stipulation agreement along the north property line prior to the approval of any final plan for any portion of Building F as shown on the development plan.

 

9. That the 1986 agreement between Vivion Co. and the City be modified or terminated as necessary to eliminate the requirement for construction of the balance of NE 50th Terrace, as required by the Law Department

 

10. That the developer submit a final plan for each phase to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero foot-candles at the plan boundary and no direct illumination beyond the plan boundary) and building elevations.

 

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


Section C. That the Director of City Development is authorized to enter into a Termination Agreement which terminates the 1986 agreement between the Vivion Co. and the City which had required the construction of N.E. 50th Terrace. The agreement will be in a form substantially as that attached hereto.

 

_____________________________________________

 

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