ORDINANCE NO. 040744

Approving the preliminary plat of Durnell Acres on approximately a 5 1/2 acre tract of land generally located at E. 51st Street and Phelps Road. (SD 1108)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That the preliminary plat of Durnell Acres on approximately a 5 1/2 acre tract of land generally located on the south side of E. 51st Street, approximately 400 feet east of Phelps Road, and more specifically described as follows:

All that part of the Northeast Quarter of the Northwest Quarter of Section 36, Township 49 North, Range 32 West, in Kansas City, Jackson County, Missouri, described as follows: Beginning at the Northwest corner of the Northeast Quarter of the Northwest Quarter of Section 36, Township 49 North, Range 32 West; thence East 509.00 feet; thence South 382.00 feet; thence East 380.90 feet to the center line of Phelps Road; thence Southeasterly along said center line to a point 392.00 feet South of the North line of said Quarter Quarter Section; thence West 415.00 feet more or less to a point 10 feet South of the Northeast corner of a cemetery; thence South 90.00 feet; thence West to the West line of said Quarter Quarter Section; thence North 482.00 feet to the Point of Beginning, except that part in cemetery.

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 a detailed micro storm drainage study, consisting at a minimum of a letter from a Missouri Licensed Civil Engineer stating that the proposed improvements will not alter or increase historical runoff conditions for the site, to the City Engineers Office prior to approval and issuance of any building permits and that the developer construct any improvements as required by the City Engineer's Office.

3. That the developer dedicate additional right of way for a collector street as required by the Department of Public Works so as to provide a minimum of 30 feet of right of way as measured from the centerline of 51st Street.

4. That the developer shall subordinate to the City all private interest in the area of any right of way dedication as required by the Department of Public Works, and that the developer shall be responsible for all costs associated with subordination activities.

5. That the developer secure permits to construct or reconstruct existing sidewalks, curb

and gutter, storm sewers and streetlights as necessary along all development street frontages as required by the Department of Public Work prior to recording of the final plat.

6. That any relocated streetlights be integrated into the existing street lighting system as required by the City Engineers Office and Missouri Department of Transportation along State frontages.

7. 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.

8. 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.

9. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources if the disturbed area for the entire development exceeds one acre.

10. That the public sanitary sewer system need not be extended provided that the developer demonstrates that the existing private sewage disposal system complies with Chapter 18, Kansas City Building and Rehabilitation Code, Code of Ordinances, at the time of each application for building permits.

11. That the developer contribute $283.92 in lieu of parkland dedication for 1 single unit (1 x 3.7 x .006 x $12,789.30) in satisfaction of Section 66-128 of the Subdivision Regulations.

A copy of the preliminary plat is on file in the office of the City Clerk under Document No. 040744, 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:

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney