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,
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:
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.
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.
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.
the developer submit plans for grading, siltation, and erosion control to the
City Engineer's Office for approval and permitting prior to beginning any
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.
That the developer extend water mains as required by the Water Services
That the developer provide for fire protection as required by the Fire
Department prior to construction beyond foundations.
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.
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
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
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.
Approved as to
form and legality:
M. Margaret Sheahan Moran
Assistant City Attorney