ORDINANCE NO. 041069

Approving an amendment to a previously approved preliminary plan in District CP-3 on approximately a 17 acre tract of land generally located at the northwest corner of N. Oak Trafficway and N.E. Vivion Road. (3651-CP-14)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District CP-3 (Regional Planned Business Center) on approximately a 17 acre tract of land generally located at the northwest corner of N. Oak Trafficway and N.E. Vivion Road, and more specifically described as follows:

Lots 1 and 2, Kimco Shopping Center, a subdivision in Kansas City, Clay County, Missouri.

is hereby approved, subject to the following conditions:

1. That the developer receive permits from the Missouri Department of Transportation for the driveway modifications and median construction on N. Oak Trafficway as shown on the final plan, with a copy of the permit(s) to be filed with the Department of City Development.

2. That the developer submit a storm drainage study for the entire development to the City Engineers Office for approval and that the developer make any improvements as required by the City Engineers Office.

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

4. That the developer secure a land 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.

5. That the developer secure the approval of the Missouri Department of Transportation prior to working within any State right of way.

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.

8. That the developer dedicate 6 feet of right of way on both N.E. Vivion Road and N. Oak Trafficway for bicycle routes by separate deed as required by the Department of

Public Works prior to approval of final plan.

9. That the developer extend sanitary sewers and/or storm sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by the Department of Public Works.

10. That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts.

11. That the developer receive the approval of the Board of Zoning Adjustment for a variance to the required number of parking spaces.

12. That the developer provide design details to provide adequate screening for roof equipment.

13. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including an elevation of the existing sign), and any proposed lighting, including a photometric study showing 0 footcandles at the property line.

A copy of said amendment is on file in the office of the City Clerk under Document No. 041069, 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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney