Section 106-623; Ord. 18731; Approving the C-P Development Plan/Preliminary Plat of Fairview Marketplace; granting a variance to the Subdivision Regulations


Ordinance No.           18731                       Council Bill No.            B 373-05 A           

AN ORDINANCE

approving the C-P Development Plan/Preliminary Plat of Fairview Marketplace; setting forth conditions of approval; granting a variance to the Subdivision Regulations; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    The City Council hereby approves the C-P Development Plan/Preliminary Plat of Fairview Marketplace, dated September 8, 2005, located on the north side of West Broadway (State Route TT), between Fairview Road and Park De Ville Drive.  The Director of Planning and Development shall use the design parameters set forth in “Exhibit A” which is attached to and made a part of this ordinance as guidance when considering any future revisions to the C-P Development Plan.
  
    SECTION 2.    Approval of the C-P Development Plan is subject to the following conditions:

1.    No building permit shall be issued for any building on the property until the City Council has determined, by resolution, that:

(a)    Adequate financial resources are available to the applicant to fund all street improvements and other improvements referred to in the December 14, 2004, amended and restated application for rezoning; and

(b)    That all necessary governmental approvals required for these improvements have been requested in the proper manner from all of the necessary governmental authorities.

2.    No occupancy permit shall be issued for any building on the property until the City Council has determined, by resolution, either:

(a)    All street improvements and other improvements referred to in the December 14, 2004, amended and restated application for rezoning have been substantially completed; or

(b)    If any street improvement shall not be substantially completed by the time any occupancy permit otherwise could be issued but for the fact that the street improvements are not completed, the applicant shall nevertheless be entitled to such occupancy permit if:

(i)    The applicant posts a surety bond or equivalent financial security equal to the cost of completing the uncompleted improvements; and

(ii)    The applicant demonstrates that the completion of the street improvement has been delayed due to circumstances reasonably beyond the control of the applicant; and

(iii)    The applicant provides reasonable assurances that the improvements which have been delayed shall be completed as soon as it becomes reasonably possible to do so.

3.    A development agreement, addressing all off-site improvements, shall be executed in conjunction with the final plat.
4.    No commercial truck deliveries shall use Park De Ville Drive.

5.    All sides of the exterior of the buildings shall be brick as depicted on the rendering of the building and the brick samples submitted by the applicant.

6.    The R-1 zoned property bounded by West Ash Street, Fairview Road, the proposed West Ash Street and the proposed Orleans Drive shall be used only as green space.  The R-1 and C-1 zoned property bounded by Park De Ville Drive, West Ash Street, the proposed Orleans Drive and the proposed West Ash Street shall be used only as green space and a parking lot for the Mary Paxton Keeley Elementary School.  The development agreement executed in conjunction with the final plat shall contain provisions so limiting the use of this land.

7.    No noise-generating activities within the development shall be permitted after 9:00 p.m.

8.    A consistent architectural theme (style and type of materials) shall be used throughout the development.

9.    There shall be no outside trailers used and there shall be no outside storage.

10.    No runoff from pesticides or herbicides shall occur.

11.    Special events, such as automobile sales, shall be prohibited outdoors.

12.    No deliveries shall occur between the hours of 11:00 p.m. and 6:00 a.m.

13.    Storm water inlet filters shall be installed in the parking lot and shall be maintained by the property owner.

14.    A sidewalk shall be constructed along the north side of the existing West Ash Street frontage from the eastern terminus of the existing sidewalk to Fairview Road.

15.    There shall be no fast food restaurants with drive-through windows.

16.    There shall be no idling of delivery trucks prior to or after authorized delivery hours.

17.    There shall be no overnight parking of recreational vehicles, including in the school parking lot.

18.    Light poles shall be no higher than 25 feet from finished grade.

19.    No gasoline sales shall be allowed on the property.

20.    There shall be no increase in the storm water runoff rate from the site after development.

21.    The entrance/exit to the school parking lot on Orleans Drive shall be moved south of the location shown on the Development Plan to a location just north of the berm.

22.    The developer shall plant a minimum of eight, ten foot tall spruce trees between the school parking lot and the adjacent neighborhood.

    SECTION 3.    Subdivider is granted a variance from the requirement of Section 25-45(2) of the Subdivision Regulations so that the new extension of West Ash Street may be constructed without the minimum 200-foot tangent segment between curves.

    SECTION 4.    This ordinance shall be in full force and effect from and
after its passage.

    PASSED this 17th  day of October, 2005.