Series 106 2005 ORDINANCES/RESOLUTIONS
Section 106-623; Ord. 18731; Approving the C-P Development Plan/Preliminary Plat of Fairview Marketplace; granting a variance to the Subdivision Regulations
Bill No. B 373-05 A
approving the C-P Development Plan/Preliminary Plat of Fairview Marketplace; setting
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
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
and made a part of this ordinance as guidance when considering any future revisions to the C-P
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
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
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
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
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
18. Light poles shall be no higher than 25 feet from finished
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.