ORDINANCE NO. 090580

Approving an amendment to a previously approved preliminary plan in District PD/C-2 on a 9 acre tract of land generally located at the southwest corner of W. 103rd Street and Wornall Road. (6667-PD-35)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in PD/C-2 (Local Retail Business/Planned Development) on a 9 acre tract of land generally located at the southwest corner of W. 103rd Street and Wornall Road, and more specifically described as follows:

All of Lots 1 and 2, Cunningham Properties Lots 1 and 2, a subdivision in Kansas City, Jackson County, Missouri;, and Tracts B and C, Nokomis Plaza, a subdivision in Kansas City, Jackson County, Missouri, except that part dedicated for road purposes.

is hereby approved, subject to the following conditions:

1. That the developer submit a detailed micro storm drainage study prior to approval and issuance of any building permits, and that the developer construct any improvements as required by Development Services prior to issuance of a certificate of occupancy.

2. That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters along Summit Street. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to issuance of a certificate of occupancy.

3. That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

4. That the developer 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.

5. That the developer grant a BMP Easement to the City as required by Development Services prior to issuance of a certificate of occupancy.

6. That the 20 foot access easement as shown on the development plan be released and reestablished as required by Development Services prior to issuance of a certificate of occupancy.

7. That the developer submit a final plan to the City Plan Commission for approval, including detailed information on landscaping, signage (including elevations), lighting (including a photometric study showing zero footcandles at the property line and no direct illumination beyond the property line)and building elevations.

A copy of said amendment is on file in the office of the City Clerk with this ordinance and is 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