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ORDINANCE NO. 990134
Approving the preliminary plat of Bennington
Court on approximately a 13.3 acre tract of land generally located on the west
side of N. Bennington Avenue at N.E. 44th Terrace. (SD 0742B)
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section A. That the preliminary
plat of Bennington Court on approximately a 13.3 acre tract of land generally
located on the west side of N. Bennington Avenue at N.E. 44th Terrace, and more
specifically described as follows:
A subdivision of land in
the North Half of the South Half and the South Half of the North Half of the
Southeast Quarter of the Northwest Quarter of Section 4, Township 50 North,
Range 32 West, in Kansas City, Clay County, Missouri, more particularly
described as follows: Beginning at the southeast corner of the North Half of
the South Half of the Southeast Quarter of the Northwest Quarter of Section 4,
Township 50 North, Range 32 West, thence South 8955'36" West, 1307.27
feet; thence North 3919'46" East, 429.60 feet; thence North
8956'10" East, 455.00 feet; thence North 0000'01" East, 331.88
feet; thence North 8956'44" East, 580.00 feet; thence South
0000'00" West, 663.57 feet to the point of beginning. Said subdivision
of land containing 13.34 acres. Except that part in N. Bennington Road.
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 City of Kansas City, Missouri, as amended,
commonly known as the Subdivision Regulations.
2. That
the developer submit a storm drainage study 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 Missouri Department of
Natural Resources.
5. That
the developer extend water mains as required by the Water Services Department.
6. That
the developer construct hard surface all-weather roads and provide for fire
protection as required by the Fire Department prior to construction beyond
foundations.
7. 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.
8. That
the developer dedicate additional right of way for N. Bennington Avenue as
required by the Department of Public Works so as to provide 30 feet of right of
way as measured from the centerline of N. Bennington Avenue.
9. That
the developer improve N. Bennington Avenue to collector street standards as
required by the Department of Public Works.
10. That
the developer secure the approval of the Street Naming Committee for all street
names prior to submittal of the first final plat.
11. That
a variance for the lot width to depth ratio (in excess of the 3:1 ratio) is
hereby granted for Lot 16 as shown on the preliminary plat.
12. That
the developer contribute $11,912.02 in lieu of parkland dedication for 50
single family lots (50 lots x 3.7 x 0.006 x $10,729.75) in satisfaction of
Section 66-128 of the Subdivision Regulations.
13. That
the developer provide adequate sight distance as required by the Department of
Public Works for the proposed street intersection at N. Bennington Avenue which
is shown on the preliminary plat.
14. That
a variance to the 50 foot buffer strip required by Section 66-122(c)(1) is
hereby granted for Lots 37 and 38 as shown on the preliminary plat.
A copy of the preliminary plat is on file in the
office of the City Clerk under Document No. 980134, 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.
_____________________________________________
I hereby certify that as required by
Chapter 66, Code of Ordinances, the foregoing ordinance was duly advertised and
public hearings were held.
___________________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
___________________________________
Assistant
City Attorney