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.

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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