ORDINANCE NO. 030899

Approving the preliminary plat of Searcy Branch Place on an approximately 37.2 acre tract of land generally located in the northeast corner of N. Brighton Avenue and Missouri Route 210. (SD 1043)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the preliminary plat of Searcy Branch Place on an approximately 37.2 acre tract of land generally located in the northeast corner of N. Brighton Avenue and Missouri Route 210, and more specifically described as follows:

Tract One: All of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 8, Township 50, Range 32, Kansas City, Clay County, Missouri. Said tract of land contains 9.45 acres, more or less, and also;

Tract Two: A tract of land in the Southeast Quarter of Section 8, Township 50, Range 32, Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the northwest corner of the Southeast Quarter of said Section 8; thence South 0E58'39" West along the west line of said Southeast Quarter, 657.59 feet; thence South 89E38'42" East, 30.00 feet to a point on the east right-of-way line of N. Brighton Avenue, as now established, said point being the true point of beginning of the tract to be herein described; thence South 89E38'42" East, 630.35 feet; thence North 0E49'44" East, 657.99 feet to a point on the north line of said Southeast Quarter; thence South 89E40'48" East along said north line, 301.36 feet to a point on the west line of a tract of land described in Book 547, at page 545 in the Clay County Recorders Office; thence South 7E26'22" East along said west line, 1,405.37 feet to a point on the north right-of-way line of Missouri State Highway Route 210, as now established; thence along said right-of-way line South 81E48'15" West, 78.41 feet; thence South 79E31'56" West, 529.86 feet; thence South 66E35'48" West, 518.97 feet to the point of intersection of said north right-of-way line with the east right-of-way line of said N. Brighton Avenue; thence northwesterly along said east right-of-way line, on a curve to the right, having a radius of 1,352.42 feet, an arc distance of 193.46 feet; thence North 4E22'45" West along said right-of-way line, tangent to the last described course, 195.10 feet; thence South 85E37'15" West, 16.34 feet; thence North 0E58'39" East, continuing along said east right-of-way line, 670.42 feet to the true point of beginning. Said tract of land contains 26.75 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

2. That the developer submit an overall storm drainage study to the City Engineers Office for approval at the time the first final plat is submitted, with detailed storm drainage studies to be submitted for each phase of development at the time of final platting, and that the developer make improvements as required by the City Engineer's 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 a land disturbance permit from the Missouri Department of Natural Resources.

6. That the developer obtain the grading consents, and all grading, temporary construction and drainage easements from the abutting property owner prior to submitting any public improvements.

7. That the 50 foot buffer required by Section 66-122 of the Subdivision Regulations for the five lots backing onto the right of way for N.E. 36th Street as shown on the preliminary plat be waived.

8. That the developer dedicate additional right of way for N. Brighton Avenue as required by the Department of Public Works so as to provide a minimum of 50 feet of right of way, or as shown on the plan (plat), as measured from the centerline of N. Brighton Avenue.

9. That the developer improve the east half of N. Brighton Avenue to arterial standards as required by the Department of Public Works, including construction of curbs, gutters, sidewalks, and storm sewers, and installation of streetlights, as shown on the plat (plat).

10. That the developer provide adequate sight distance for N. Brighton Avenue at both proposed public street entrances as required by the Department of Public Works.

11. That any relocated street lights be integrated into the existing street lighting system as required by the Department of Public Works and the Missouri Department of Transportation.

12. That the developer construct all internal streets to residential street standards with a total right of way of 50 feet as required by the Department of Public Works, including construction of curbs, gutters, sidewalks and installation of streetlights.

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

14. That the developer contribute $34,394.93 in lieu of parkland dedication for 136 single family units (136 x 3.7 x 0.006 x $11,389.05) in satisfaction of Section 66-128 of the Subdivision Regulations.

15. That the developer extend and/or relocate water mains and provide easements as required by the Water Services Department.

16. That the developer install hard surface roads and provide for fire protection as required by the Fire Department prior to construction beyond foundations.

17. That the developer construct sanitary and/or storm sewers and determine adequacy as required by the Department of Public Works.

18. That the developer submit covenants, conditions and restrictions to the Law Department prior to the approval of each final plat.

19. 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 a copy to be submitted to the Department of City Development. The plan shall include size, type, species and placement of trees. The developer shall agree to plant in accordance with the plan approved by the City Forester.

20. That the developer submit a geotechnical study to the Department of Codes Administration to determine the adequacy of slopes located along the northern, eastern and southern property lines of the proposed subdivision prior to beginning grading and site disturbance activities.

A copy of the preliminary plat is on file in the office of the City Clerk under Document No. 030899, 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 preliminary plat hereinabove, all public notices and hearings required by the Subdivision Regulations have been given and had.

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I hereby certify that as required by Chapter 66, 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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Assistant City Attorney