ࡱ> %` ~bjbjNN 3,,vk222833tb44(.4.4.4 5 5 5+b-b-b-b-b-b-b$dhgbQbG 5 5GGQb.4.4fb3K3K3KG.4.4+b3KG+b3K3K}\I^.43 ;'2QHH!]aD|b0b7]tgIBtg,I^I^Jtg^T 5&3;d3K?Cf 5 5 5QbQbJX 5 5 5bGGGG&,$,  STAFF REPORT: September 1, 2009 ( 6 ) RE: Case No. 6029-GP-23 APPLICANT: Tiffany Square, Inc. 7500 West 95th Street Overland Park, KS 66212 PROPERTY OWNER: Same as applicant REPRESENTATIVE: James C. Bowers, Jr., Esq. c/o Elaine Bowers White Goss Bowers March Schulte & Weisenfels 4510 Belleview, Ste. 300 Kansas City, MO 64111 LOCATION: Southwest corner of Tiffany Springs Road and N Flintlock Road AREA: Approximately 32 acres REQUEST: About 32 acres generally located at the southwest corner of Tiffany Springs Road and proposed N Ambassador Drive, to consider amending a preliminary development plan in District GP-3 (Regional business) for a 180,000 square foot commercial development. AREA PLAN: General Development & Land Use Plan, Kansas City International Airport, last revision, Ordinance No. 060668 on July 13, 2006, recommends GP-3 (Regional Business) for this location. PURPOSE: To allow for the future construction of retail development SURROUNDING LAND USE: North: Undeveloped, zoned GP-3, GP-4 and GP-6, Tiffany Woods, Rose Creek East: Undeveloped, Tiffany Hills multifamily, Autumn Ridge, zoned GP-4 and GP-5 South: Tiffany Springs Market Center, Phase 1, M-152, Boardwalk Square shopping center, Zoned GP-3, Shops at Boardwalk, Metro Center, Thoroughbred Ford, Lowes, Wal-Mart West: I-29, Parkway Self-storage, Zoned GP-1 and GP-4, Howard Johnsons MAJOR STREET PLAN: * Recommends M-152 and I-29 as Freeways/Interstates * Recommends N Ambassador Drive and NW Skyview Avenue as a Primary Arterials * Recommends NW Tiffany Springs Road as a Secondary Arterial * Recommends the Special Purpose Rapid Transit Corridor on the south side of NW Tiffany Springs Road and N Congress Avenue Bicycle Plan: Recommends a bicycle route on M-152, N Ambassador Drive, NW Skyview Avenue ARTERIAL IMPACT FEE: (For information only) North Service Area A Rate: Shopping Center/General Retail, 0-100,000 sf, $1,464/1000 sf Shopping Center/General Retail, 100,001500,000 sf, $1,079/1000 sf Shopping Center/General Retail, 500,000 1million sf, $ 997/1000 sf Shopping Center/General Retail, 1 million sf plus, $ 989/1000 sf HISTORY: Case No. 6029-GP-1 - About 74 acres generally located at the northeast corner of M-152 and Interstate-29 - On November 21, 2006, the City Plan Commission recommended APPROVAL of rezoning from Districts GP-3 and GP-4 to District G-P3, and approving a development plan for the same, subject to conditions. Ordinance No. CS 061287 - passed on December 14, 2006. Case No. 6029-GP-2 - About 32 acres generally located at the southwest corner of Northwest Tiffany Springs Road and proposed North Ambassador Drive - On November 21, 2006, the City Plan Commission recommend APPROVAL of rezoning Districts GP-3 and GP-4 to District GP-3, and approving a development plan for the same, subject to conditions. Ordinance No. CS 061288 passed on December 14, 2006. Note: This is the approved preliminary plan for this site. Case No. 6029-A-3 -- At its regularly scheduled meeting on January 9, 2007, the Board of Zoning Adjustment GRANTED the following variances, in accordance with Exhibit 12: a variance to the minimum required setback from a freeway, expressway, parkway or other arterial street in the amount of 40 feet from the east property line; a variance to the minimum required setback from a freeway, expressway, parkway or other arterial street in the amount of 25 feet from the south property line; a variance to the minimum required setback from a freeway, expressway, parkway or other arterial street in the amount of 20 feet from the west property line all to allow for the construction of a commercial retail center; a variance to the maximum allowable height of a monument sign in the amount of 2 feet to allow for sign Design #2, at Location #3; a variance to the maximum allowable area of a sign in the amount of 20 square feet, for Design #2, at Location #3; a variance to allow for sign Design #2, at Location #3 to identify 2 sub-district tenants; a variance to the maximum allowable height of a monument sign in the amount of 2 feet for sign Design #2, Location #5; a variance to the maximum allowable area of a sign in the amount of 20 square feet for Design #2, at Location #5; a variance to allow for sign Design #2, at Location #5 to identify 2 sub-district tenants; a variance to the maximum allowable height of a monument sign in the amount of 2 feet for sign Design #3, at Location #8; a variance to the maximum allowable area of a sign in the amount of 10 square feet for sign Design #3, at Location #8; a variance to allow for sign Design #3, at Location #8 to identify 4 sub-district tenants; a variance to the maximum allowable height of a monument sign in the amount of 2 feet for sign Design #4, at Location #10; a variance to the maximum allowable area of a sign in the amount of 10 square feet for sign Design #4, at Location #10; a variance to allow the sign to identify sub-district tenants for sign Design #4, at Location #10; a variance to allow for 3 signs in Phase 1 for sign Design #4, at Locations #3, #10, and #12; a variance to the maximum allowable height of a monument sign in the amount of 2 feet for sign Design #5, Location #12; a variance to the maximum allowable area of a sign in the amount of 10 square feet for sign Design #5, at Location #12; a variance to allow the sign to identify sub-district tenants for sign Design #5, at Location #12; a variance to allow for 2 signs in Phase 1 for sign Design #5 and #8; a variance to the maximum allowable height of a monument sign in the amount of 4 feet for sign Design #6, Location #4; for sign Design #7, Location #2, a variance to the maximum allowable height of a monument sign in the amount of 2 feet; a variance to the maximum allowable area of a sign in the amount of 20 square feet for sign Design #7, Location #2; a variance to allow the for sign Design #7, Location #2 sign to identify 2 sub-district tenants; a variance in the amount of 2 signs to allow 3 signs for sign Design #7, Location #2, #11 and #9; a variance to the maximum allowable height of a monument sign in the amount of 2 feet for sign Design #7, Location #9; a variance to the maximum allowable area of a sign in the amount of 20 square feet for sign Design #7, Location #9; a variance to allow the sign to identify 2 sub-district tenants for sign Design #7, Location #9; a variance to the maximum allowable height of a monument sign in the amount of 2 feet for sign Design #7, Location #11; a variance to the maximum allowable area of a sign in the amount of 20 square feet for sign Design #7, Location #11; 31. a variance to allow sign Design #7, Location #11, to identify two, sub-district tenants, all to allow for the installation of signage for a commercial retail development. SD 1316A Final Plat, Tiffany Springs Market Center First Plat -- About 68 acres at the northeast corner of M-152 and I29, to consider approval of a final plat creating 10 commercial lots and one tract for storm water detention tract in District GP-3 (Regional business), was recommended for approval by the City Plan Commission on March 20, 2007. (Ord. 070648, passed 06-07-2007) Case No. 6029-GP-4 Final plan for this site, including a parking lot, landscaping and signage for the development was approved by the City Plan Commission on April 17, 2007 with conditions. Case No. 6029-A-5 8900 North Ambassador Drive on April 24, 2007, the Board of Zoning Adjustment GRANTED a variance to the maximum allowable area of a monument sign in the amount of 10 square feet, GRANTED a variance the maximum allowable height of a monument sign in the amount of 2 feet and GRANTED a variance to allow advertising of 3 tenant names on a monument sign; all to allow for the installation of a sub-district monument sign, in accordance with Exhibit 12. Case No. 6029-A-6 -- 8900 North Ambassador Drive, A request for a conditional use permit to allow for a pet resort/pet hotel, was approved by the Board of Zoning Adjustment on June 19, 2007. Case No. 6029-GP-7: On June 19, 2007, the City Plan Commission approved a final plan for a Home Depot Store. Case No. 6029-GP-8: On June 19, 2007, the City Plan Commission approved a final plan for numerous shops in one structure along the south side of proposed NW Skyview Avenue. Case No. 6029-GP-9: Request for a final plan approval for Best Buy and Ulta approved by the City Plan Commission on July 17, 2007. Case No. 6029-GP-10: Request for a final plan approval for Building 700 approved by the City Plan Commission on July 17, 2007. Case No. 6029-GP-11: Request for a final plan approval for Building #1700 approved by the City Plan Commission on September 4, 2007. Case No. 6029-GP-12: Request for a final plan approval for Building #300 (PetSmart) approved by the City Plan Commission on September 4, 2007 Case No. 6029-GP-13: Request for a final plan approval for Building #800 (JC Penney) approved by the City Plan Commission on September 4, 2007. Case No. 6029-GP-14: Request for a final plan approval for Building #400 (Sports Authority) approved by the City Plan Commission on September 4, 2007. Case No. 6029-GP-15: Request for a final plan approval for Building #600 (Target) approved by the City Plan Commission on September 18, 2007. Case No. 6029-GP-16: Request for a final plan approval for Building Shops #500, was approved by the City Plan Commission on October 2, 2007. Case No. 6029-GP-17: Request for a final plan approval for one commercial building labeled as two sets of shops Building/s 1100-1200, was approved by the City Plan Commission on October 16, 2007. Case No. 6029-GP-18: Request for a final plan approval for Building No. 200, was approved by the City Plan Commission on October 16, 2007. Case No. 6029-GP-19: Request for a final plan approval for Building/s No. 1300-1400, was approved by the City Plan Commission on October 16, 2007 Case No. 6029-GP-20: Request for a final plan approval for Building No. 1500 for ChuckECheese, was approved by the City Plan Commission on November 6, 2007. Case No. 6029-GP-21: Request for a final plan approval for Building Out-Parcel No. 4 for a Community America Credit Union, was approved by the City Plan Commission on November 6, 2007. Case No. 6029-GP-22: Request for a final plan approval for Building Out-Parcel No. 8 for a Restaurant (Golden Corral) was approved by the City Plan Commission on August 20, 2008. REPORT: Background: In December 2006, the City Council passed two ordinances which rezoned two areas, separated by NW Skyview Avenue to District GP-3. The south portion is 74 acres, Case 6029-GP-1 and was rezoned with a plan with Ordinance No. 061287. The north portion is 32 acres, Case 6029-GP-2 and was rezoned with a plan with Ordinance No. 061288. The south portion was approved for 678,998 sf of commercial or office development. The north portion was approved for 281,609 sf and also for commercial or office development. The location for both is generally, the northeast quadrant of M-152 and I-29. All but a few of the outparcels (OP) on the south side of NW Skyview Avenue and the larger tenant structures have been constructed within the last two years. This south development includes The Home Depot, Petsmart, Target, JCPenney, Best Buy, Sports Authority and several other stores. The north side, although vacant, has been rough graded. Existing circulation is as follows: According to the (previous) traffic study, Access to the site will be via the interchanges at M-152 and Ambassador Drive and at I-29 and Tiffany Springs Parkway as well as Tiffany Springs Road and Tiffany Springs Parkway to the east. Much of the street network in the area does not currently exist, but is planned to be constructed prior to or concurrent with the development. Ambassador Drive north of M-152 has been improved to a four-lane divided roadway to NW Tiffany Springs Road. The M-152/I-29 intersection is at the southwest corner of the site (south portion). The westbound lane/ramp of M-152 to northbound I-29 is adjacent to the site. A full diamond interchange on M-152 is just to the east of the site at Green Hills Road. Proposed Roadway Improvements from the KCI Corridor TIF: The following TIF roadway improvements are scheduled for improvement in the subject area. The below table gives the roadway improvements and construction time which were outlined in the 2006 staff report, along with the current status of the project. Map ID Improvement Construction Time Current Status 4A Tiffany Springs Road from Ambassador to 2007 Completed Skyview (borders the north portion of the site) 5C NW Skyview from Ambassador Dr to 2007 Completed Tiffany Springs Road 2007 (The main road through the site) 4C Tiffany Springs Road east of Ambassador 2007-08 Completed (East of the site) 5D NW Skyview east of Ambassador Dr 2007-08 Completed (East of the site) 2A & 2B Ambassador from Tiffany Springs Road to Tiffany Spr Pkwy 2007-08 Under design 4B Tiffany Springs Road over I-29 Unfunded Not-Compl 5A & 5B NW Skyview north of Tiffany Springs Road Unfunded Not-Compl T-2 Alternative Northland Trail along southwest part Funded Not-Compl The existing (North) plan as approved: The existing plan for the northern, 32 acre (subject) site allows for 281,609 square feet of commercial and office development. The plan shows a 150,000 sf anchor tenant two inline sets of shops and several out lots containing individual buildings. The area also contained two sizable wetland areas of 2.24 acres and 0.5 acres. One of the reasons for the plan amendment is due to the ability of the owner to fill in the wetland areas as these are no longer a requirement. Proposed Plan: The proposed plan requests the approval 179,410 sf of commercial and office development within the same 32 acre area. This is a 102,199 sf reduction from the approved plan. The proposed plan calls for twelve (12) out parcel lots such as fast food and banks, along with four attached larger stores with the largest being 50,000 sf and the smallest being 13,000 sf. There will be four access drives from newly constructed NW Skyview Avenue with two being right-in, right-out only and two being fully accessed. There are two right-in, right-out drives on N Ambassador Drive. There is one right-in, right-out access drive from NW Tiffany Springs Road. As with the prior plan, the design appears to be inward oriented with the anchor tenants (A-D) backing onto NW Tiffany Springs Road. The out parcels and shops ring the remainder of the triangular shaped parcel. Parking for the project generally extends through the site from west to east in front of the anchor and out-parcel tenants. There are 927 parking spaces required and 1,211 parking spaces provided. The plan shows a 50-foot setback for parking and buildings along the entire length of N Ambassador Drive and NW Tiffany Springs Road as required by Chapter 80, Appendix A, Chapter 4, Section 4.1(B). Note also however that the plan also shows that within this required 50 foot setback on NW Tiffany Springs Road, the plan also shows within this setback, the allowance for the proposed ATA Special Purpose Rapid Transit Corridor. The Corridor is shown on the Major Street Plan and extends on the south side of NW Tiffany Springs Road, from east to west, then turns north at, or just past N Skyview Avenue. There is a history of both requesting dedicated right of way for the ATA Corridor or allowing for the future corridor to be within the 50 foot setback. City staff agreed to support this dual use of the 50 foot setback. Signage: In agreement with city staff, City Council and the Board of Zoning Adjustment, the applicant for both the south and north developments, previously reduced the number of monument signs for commercial development in exchange for fewer but larger signs. Cases 6029-GP-3 and GP-5 approved these signage plans by the Board of Zoning Adjustment on January 9, 2009 and April 24, 2007 respectively. Since these approved plans, the City Council passed the new Signage Ordinance as part of the Development Code. The Signage Ordinance is now in effect. According to Section 88-445 Signs, approved with CS Ordinance No. 081033, As Amended, all signage requested after the approval of Section 88-445 must be reviewed and approved as per this new section and not under prior approved development plans. In addition, according to Section 80-300(c) of the code states No decision of the board permitting the use of a building or land shall be valid for a period longer than two years unless such use is established within the period; provided, however, that when such use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is promptly started and proceeds to completion in accordance with the terms of the decision of the board. Based upon these two sections, city staff is recommending that all references to signs on this development plan be removed or be in compliance with newly adopted Section 88-445. ANALYSIS: As with the prior plan, this proposed amendment is in conformance with KCIA General Development and Land Use Plan, last approved by Ordinance No. 060668 on July 13, 2006. The GDLUP recommends Regional Business at this entire location and that is the proposed land use. As stated above, the Major Street Plan shows the ATA Rapid Transit Corridor on the south side of NW Tiffany Springs Road. The applicant is allowing for this corridor inside the required 50 foot building and parking setback. Also, at the request of city staff, the applicant is showing this 50 foot building and parking setback on the west side of N Ambassador Drive. Chapter 80, Appendix A, chapter 4, Section 4.1(B), requires a 50-foot setback for parking and buildings along freeways, expressways, parkways and other arterial streets to promote public safety and improve visual impact of development on lands adjacent to such rights of way. The plan is very similar to the prior approved plan but has removed the required wetland areas, reduced the amount of square footage by 102,199 sf to 179,410 sf. There are some issues which currently exist based upon this new plan. They involve, removing of the signage plan portion, addition of the design guidelines which were agreed upon, and attached to the prior plan, bringing all of the pad site buildings as closer to the building line, adding interior walkways throughout the site and making the north facades of the buildings located along NW Tiffany Springs Road as aesthetically improved as possible. At the Plats Review Committee meeting, the applicant stated that the omission of the prior approved and attached design guidelines was an oversight. They did not object to the addition of the prior approved guidelines. The guidelines should be revised to remove references to signage. The proposed buildings on Outparcels 7 and 8 are set back about 150 feet from the right of way line. The proposed buildings on Outparcels 10 and 11 are set back about 120 feet from the N Ambassador Drive right of way line. City staff will recommend that these buildings be brought forward as close as possible to the property line for design purposes, so that the view from the road is of buildings and not parking lots. There are several locations within the project area where sidewalks should be located but are not shown on the plan. In general, staff encourages walks to be located between the road and the parking lot and between the front door of the business and the adjoining roadway walk. Buildings A-D and Outparcel 12 back onto NW Tiffany Springs Road. The plan shows the ability for numerous docks where trucks will unload goods for sale. To buffer the view from the motoring public on this recently constructed TIF funded roadway, the applicant has added several screen walls on the north side of the docks. Staff is still concerned with how these areas will be viewed and stresses that these screen walls and building facades will be encouraged to be enhanced from a design standpoint at the time of final plan. The applicant was required to submit a traffic study with the submittal of this rezoning plan. The study analyzed the revised proposal against the previously approved plan. Several traffic conditions listed below have therefor been modified from the originally approved case Ord. 061288. RECOMMENDATION: City Development Department staff recommends approval of Case No. 6029-GP-23, based upon information received at the Plats Review Committee meeting held on August 19, 2009: 1. That the plan be revised in the following manner and that 5 folded copies and an acetate be resubmitted to the City Development Department with the following revisions: a. That the plan include the previously approved set of design guidelines as required by City Development Department staff removing the references to signage. b. Show Developer Contact Information, including phone number and/or e-mail. c. Show, label, and dimension all proposed R/W's and easements. Show and label center lines. Distinguish public versus private utilities on the plan. (See 66-43 (d) (11)) d. Parking lot and private drive inlets are not part of the public system. Re-route public main and show private connections to the main throughout the development. e. Show and label 20' wide access easements adjacent to interior public storm and sanitary easements. f. Show and label interior public storm and sanitary easements adjacent to interior property lines. g. Re-route public sanitary main along Skyview Ave. to be adjacent to public storm main that is adjacent to the public right-of-way. h. Show all required off-site easements for utilities, grading, and/or street improvements that are to be obtained by the Developer. (See 66-43 (d) (11)). i. Show all trees to be removed for utilities, grading, and/or street improvements by denoting the area with a label of "TREES TO BE REMOVED." Tree removal may be shown as individual trees for linear construction or by the acre for large areas of site disturbance. j. Show all individual or areas of trees to be preserved within the limits of the plan area by denoting the area with a label of "TREES TO REMAIN." k. Show and label the public BMP's and monumentation islands as tracts labeled A, B, C, etc., along with their intended purpose. l. Show any private BMP's used as storm water management features as easements labeled BMP easement, stream buffer easement, surface drainage easement, or other intended purpose. BMP, stream buffer, and surface drainage easements require stand alone easement documents. m. That the developer modify the development plan so as to show six feet wide medians on the two full-access driveways on N Skyview Road. n. Move the buildings on Outparcels 7 and 8 to or near the NW Skyview Avenue 10 ft building setback line. o. Move the buildings on Outparcels 10 and 11 to or near the N Ambassador Drive 50 ft building and parking setback line. p. Indentify the south drive on N Ambassador Drive as Drive B. q. Remove all references to signage or provide so as to be compliant with Section 88-445. r. Identify all proposed bus stops after consultation with ATA representatives and tie a proposed walkway from the development walkway system to the bus stop. s. On Outparcels No. 2 and 3, remove the gap between the right of way and the proposed sanitary sewer as required by Water Services. t. Include additional sidewalks at the following locations as required by Development Management: 1. Add a walkway on the E/W interior drive between OP 3 and N Ambassador Drive. 2. Extend all walks which are in front of all pad and building sites so that they connect to the interior drive system. 3. Add a walkway on the interior drive between OP 2 and 3. u. Include a note on the plan at the two main intersections on NW Skyview Avenue that these street crossings will have a minimum pedestrian Level of Service as required by Appendix C of the Walkability Plan. 2. That the developer shall cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations. 3. 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 clearance of the final plat and make necessary improvements as required by Development Services. 4. That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted. 5. That the developer dedicate additional right of way for NW Tiffany Springs Rd, NW Skyview, and N. Ambassador Dr as required by Development Services so as to provide the right of way as shown on the approved development plan. 6. 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. 7. That the developer shall 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 shall be responsible for all costs associated with subordination activities now and in the future. 8. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities. 9. That the developer shall secure a Site Disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more, prior to recording the plat. 10. That the developer shall secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat. 11. That the developer shall secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat. 12. That the developer extend water mains as required by the Water Services Department. 13. That the developer grant a Surface Drainage Easement to the City as required by Development Services, on the final plat. 14. That the developer grant a BMP Easement to the City, as required by Development Services, on the final plat. 15. That the developer grant cross access and public access easements, as required by Development Services, on the final plat. 16. That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by Development Services, prior to recording the plat. 17. That the developer grant a Noise and Aviation Easement to the City as required by Development Services. 18. That the developer construct no structure which exceeds the KCIA height zoning restrictions. 19. That the developer submit a landscape and architectural final plan to the City Plan Commission for approval which includes detailed information on landscaping, lighting, architectural features and design as per the approved design guidelines. 20. That the developer pay 25 percent of the cost of installation of traffic signal at the intersection of N. Ambassador Drive and N. Skyview Avenue as required by Public Works. The signal will be installed when warranted. 21. That the developer construct a southbound approach of the east drive (east signal) at N. Skyview Avenue intersection with two outbound lanes and two inbound lanes separated by a raised median of minimum 6 foot width and provide a minimum of 245 feet, as measured back of curb to back of curb, throat length with no driveway connections as required by Public Works. 22. That the developer pay 50 percent of the cost of installation of traffic signal at the intersection of N. Skyview Avenue with east drive (east signal) as required by Public Works. The signal will be installed when warranted. 23. That the developer pay 50 percent of the cost of installation of traffic signal at the intersection of N. Skyview Avenue with west drive (west signal) as required by Public Works. The signal will be installed when warranted. 24. That the developer construct a southbound approach of the west drive at N. Skyview Avenue intersection with two outbound lanes and one inbound lane separated by a raised median of minimum 6 foot width and provide a minimum of 250 feet throat length with no driveways connections as required by Public Works. 25. That the developer pay 25 percent of the cost of installation of traffic signal at the intersection of N. Skyview Avenue with N. Tiffany Springs Road as required by Public Works. The signal will be installed when warranted. 26. That the developer construct a southbound right turn lane of 200 feet storage with appropriate tapers along N. Ambassador Drive at Driveway A as shown on the development plan, as required by Development Services. 27. That the developer construct a southbound right turn lane of 200 feet storage with appropriate tapers along N. Ambassador Drive at Driveway B as shown on the development plan, as required by Development Services. 28. That the developer apply to the Board of Zoning Adjustment for any and all necessary variances required by this plan. 29. That a workable digital submittal of the plan be supplied to the City Development Department prior to an ordinance request proceeding to the City Clerks office. 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