ORDINANCE NO. 051229
Approving a Community Unit
Project on an approximately 82.96 acre tract of land generally located on the
east and west sides of N. Bennington Avenue, 1,750 feet south of N.E. Parvin Road. (12570-CUP-3)
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
a Community Unit Project on an approximately 82.96 acre tract of land generally
located on the east and west sides of N. Bennington Avenue, 1,750 feet south of
N.E. Parvin Road, and more specifically described as follows:
R-4 Tract: A
tract of land in the East One-Half of Section 9, Township 50, Range 32, Kansas
City, Clay County, Missouri, being bounded and described as follows: Beginning
at the Southwest corner of the Northeast Quarter of said Section 9; thence
North 0o32'59" East, along the West line of said Northeast
Quarter, 2389.77 feet to the Southwest corner of Block 2, BENNINGTON CREST, a
subdivision of land in Kansas City, Clay County, Missouri; thence South 89o18'38"
East, along the South line of said Block 2, 652.96 feet; thence North 68o25'46"
East, along said South line, 400.00 feet to the Southeast corner thereof;
thence South 22o18'10" East, 184.14 feet; thence South 57o17'19"
East, 271.75 feet; thence South 22o26'39" East, 329.75 feet;
thence South 15o50'19" East, 625.08 feet to a point on the
North line of RANDOLPH, a subdivision of land in Kansas City, Clay County,
Missouri; thence North 89o29'36" West, along said North line,
338.70 feet to the Northwest corner thereof; thence South 0o23'33"
West, along the West line of said RANDOLPH, 1040.70 feet to a point on the
Northerly right-of-way line of Missouri Highway No. 210, as now established;
thence South 49o21'56" West, along said right-of-way line,
559.14 feet; thence South 64o10'27" West, along said
right-of-way line, 333.04 feet; thence South 41o24'53" West,
along said right-of-way line, 694.35 feet; thence South 67o56'51"
West, along said right-of-way line, 131.01 feet to a point on the West line of
the Southeast Quarter of said Section 9; thence North 0o32'59"
East, along said West line, 811.31 feet to the Point of Beginning. Containing
82.96 acres, more or less.
29.71 R-4 Tract:
A tract of land in the East One-Half of Section 9, Township 50, Range 32,
Kansas City, Clay County, Missouri, being bounded and described as follows:
Beginning at the Southwest corner of the Northeast Quarter of said Section 9;
thence North 003259 East, along the West line of said Northeast Quarter,
1936.66 feet to the True Point of Beginning of the tract to be herein
described; thence continuing North 003259 East along said West line, 453.11
feet to the Southwest corner of Block 2, BENNINGTON CREST, a subdivision of
land in Kansas City, Clay County, Missouri; thence South 891838 East, along
the South line of said Block 2, 652.96 feet; thence North 682546 East, along
said South line, 15.78 feet; thence South 285654 East, 455.97 feet; thence
South 020428 West, 522.90 feet; thence South 073230 East, 389.65 feet;
thence South 104401 West, 177.86 feet; thence South 352541 West, 213.67
feet; thence South 530220 West, 124.59 feet; thence South 711829 West,
105.17 feet; thence South 891230 West, 155.57 feet; thence North 562619
West, 444.30 feet; thence North 003259 East, 215.60 feet; thence North
705627 East, 163.59 feet; thence North 075153 East, 276.95 feet; thence
North 120715 West, 144.37 feet; thence North 281216 West, 438.35 feet to
the True Point of Beginning. Containing 29.71 acres, more or less.
R-4US Tract: A
tract of land in the East One-Half of Section 9, Township 50, Range 32, Kansas
City, Clay County, Missouri, being bounded and described as follows: Beginning
at the Southwest corner of the Northeast Quarter of said Section 9; thence
North 003259 East, along the West line of said Northeast Quarter, 1936.66
feet to the True Point of Beginning of the tract to be herein described; thence
South 281216 East, 438.35 feet; thence South 120715 East, 144.37 feet;
thence South 075153 West, 276.95 feet; thence South 705627 West, 163.59
feet; thence South 003259 West, 215.60 feet; thence South 562619 East,
444.30 feet; thence North 891230 East, 155.57 feet; thence North 711829
East, 105.17 feet; thence North 530220 East, 124.59 feet; thence North
352541 East, 213.67 feet; thence North 104401 East, 177.86 feet; thence
North 073230 West, 389.65 feet; thence North 020428 East, 522.90 feet;
thence North 285654 West, 455.97 feet to a point on the South line of Lot 2,
BENNINGTON CREST, a subdivision of land in Kansas City, Clay County, Missouri;
thence North 682546 East, along said South line, 384.22 feet to the
Southeast corner thereof; thence South 221810 East, 184.14 feet; thence
South 571719 East, 271.75 feet; thence South 222639 East, 329.75 feet;
thence South 155019 East, 625.08 feet to a point on the North line of
RANDOLPH, a subdivision of land in Kansas City, Clay County, Missouri; thence
North 892936 West, along said North line, 338.70 feet to the Northwest
corner thereof; thence South 002333 West, along the West line of said
RANDOLPH, 1040.70 feet to a point on the Northerly right-of-way line of
Missouri Highway No. 210, as now established; thence South 492156 West,
along said right-of-way line, 559.14 feet; thence South 641027 West, along
said right-of-way line, 333.04 feet; thence South 412453 West, along said
right-of-way line, 694.35 feet; thence South 675651 West, along said
right-of-way line, 131.01 feet to a point on the West line of the Southeast
Quarter of said Section 9; thence North 003259 East, along said West line,
811.31 feet to the Point of Beginning. Containing 82.96 acres, more or less.
is hereby approved, subject to
the following conditions:
1.
That the developer dedicate right-of-way as
required by Development Services, so as to provide a minimum of 25 feet of
right-of-way as measured from the centerline of N. Bennington Avenue.
2.
That the developer design and construct all
public streets within the proposed development to local street standards as
required by Development Services, including construction of curb, gutter, and
sidewalks and installation of streetlights or as indicated by the traffic study
as required by Development Services.
3.
That the developer cause the area to be platted and processed in
accordance with Chapter 66, Code of Ordinances of Kansas City, Missouri,
commonly known as the Subdivision Regulations.
4.
That the developer submit a macro/micro storm drainage study to
Development Services for approval for the entire development when the plat is
submitted and that the developer construct any improvements as required by
Development Services.
5.
That the developer submit plans for grading and siltation and erosion
control to Development Services for approval prior to the commencement of any
construction activities.
6.
That the developer install hard surface roads and provide for fire
protection as required by the Fire Department prior to construction beyond
foundations.
7.
That the developer extend water mains as required by the Water Services
Department.
8.
That the developer secure a permit from the Missouri Department of
Transportation (MoDOT) prior to working in state highway right-of-way.
9.
That the developer obtain an approved certificate of survey prior to the
sale of individual units.
10.
That the developer apply for a land disturbance permit from Development
Services if the disturbed area exceeds one acre.
11.
That the developer extend sanitary sewers as required by Development
Services.
12.
That the developer obtain a floodplain certificate from Development
Services prior to beginning any construction activities within the floodplain.
13.
That the developer show the limits of the floodplain on the final plat.
14.
That the developer submit a final plan to the City Plan Commission for
approval including detailed information on building materials and elevations,
signage, grading and landscaping.
15.
That the developer submit a street tree planting plan as part of the
final plat and secure the approval of the City Forester for street trees
planted on right-of-way in front of residential lots, with copy to be submitted
to the City Development Department staff. The plan shall include size, species
and placement of trees.
16.
That the developer submit a street name plan for the project for
approval by the Street Naming Committee prior to submittal of the first final
plat.
17.
That the developer extend covenants, declarations and restrictions as
required.
18.
That the developer enter into an agreement to
contribute a maximum of $65,600.00 as required by the Department of Public
Works whereby the developer agrees to contribute 41% of the cost of
installation of a traffic signal at the intersection of N.E. Parvin Road and N.
Bennington Avenue at the time of the first plat.
A copy of said Community Unit
Project plan 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
Community Unit Project hereinabove, all public notices and hearings required by
the Zoning Ordinance have been given and had.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
___________________________________
Secretary, City
Plan Commission
Approved as to
form and legality:
___________________________________
M. Margaret
Sheahan Moran
Assistant City Attorney