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Legislation #: 100637 Introduction Date: 8/5/2010
Type: Ordinance Effective Date: 9/19/2010
Sponsor: None
Title: Approving the preliminary plat of Tomahawk Subdivision on a 5.85 acre tract of land in Districts R-1a, C-2 and C-2-p generally located on the north side of W. 103rd Street, at the intersection of Madison Avenue. (SD 1426)

Legislation History
DateMinutesDescription
8/3/2010 Filed by the Clerk's office
8/5/2010 Referred to Planning and Zoning Committee
9/1/2010 Do Pass
9/2/2010 Assigned to Third Read Calendar
9/9/2010 Councilmember Sharp Move to Amend
9/9/2010 Passed as Amended

View Attachments
FileTypeSizeDescription
100637.pdf Authenticated 206K Authenicated copy
adv 080610.pdf Advertise Notice 8K Advertise Notice
Maps 0K Plan map is on file in the City Clerk's Office
100637.pdf Advertise Notice 191K Mailing Info
100635, 636, 637.pdf Advertise Notice 46K Affidavit of Publication
SD1426_Factsheetcorrected.xls Fact Sheet 99K Fact Sheet
SD1426_STAFFRPT_05_04_10_Revised.doc Staff Report 61K Staff Report

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ORDINANCE NO. 100637, AS AMENDED

 

Approving the preliminary plat of Tomahawk Subdivision on a 5.85 acre tract of land in Districts R-1a, C-2 and C-2-p generally located on the north side of W. 103rd Street, at the intersection of Madison Avenue. (SD 1426)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That the preliminary plat of Tomahawk Subdivision on a 5.85 acre tract of land in Districts R-1a (One-Family Dwellings - Low Density), C-2 (Local Retail Business) and C-2-p (Local Retail Business – Limited District) generally located on the north side of W. 103rd Street, at the intersection of Madison Avenue, and more specifically described as follows:

 

TRACT 1: Lot 22, except that part thereof lying South of a line drawn 150 feet North of and parallel to the South line of said lot, in Eden, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof. Also except that part conveyed in Document No. K-746532, in Book K-1613 at Page 236 described as follows: Lot 22, Eden, a subdivision of land in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, except that part lying South of a line drawn one hundred fifty (150) feet North of and parallel to the South line of said Lot 22, and also except the East one hundred seventy-five (175) feet of said Lot 22.

 

TRACT 2: Part of the Southwest 1/4 of the Northeast 1/4 of Section 31, Township 48, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning in the South line of said 1/4 1/4 Section at a point 519 feet West of the Southeast corner thereof; thence North parallel to the East line of said 1/4 1/4 Section, 150 feet; thence West parallel to the South line of said 1/4 1/4 Section, 70 feet; thence South parallel to the East line of said 1/4 1/4 Section, 150 feet; thence East along the South line of said 1/4 1/4 Section, 70 feet to the place of beginning, except the South part thereof in 103rd Street.

 

TRACT 3: That part of the Southwest 1/4 of the Northeast 1/4 of Section 31, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning at a point 203 feet West of the Southeast corner of the Southwest 1/4 of the Northeast 1/4 of said Section, thence West 72 1/2 feet, thence North to the center of Indian Creek, thence along the said center of Indian Creek to a line 203 feet West of the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 31, thence South to the place of beginning, except that part in county highway known as 103rd Street.


TRACT 4: A part of Section Thirty-one (31) Township Forty-eight (48) Range Thirty-three (33), in Kansas City, Jackson County, Missouri: Beginning Four Hundred Fifty Four (454) feet West of the Southeast corner of the Southwest Quarter (1/4) of Northeast Quarter (1/4) of Section 31, Township 48, Range 33; thence West Sixty-five (65) feet; thence North One Hundred Fifty (150) feet; thence East Sixty-five (65) feet; thence South One Hundred Fifty (150) feet to beginning in Jackson County, Missouri.

 

TRACT 5: Part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 48, Range 33, in Kansas City, Jackson County, Missouri, particularly described as follows: Beginning in the half section line at a point 414 feet West of the Southeast corner of said Southwest Quarter of the Northeast Quarter and running thence West along the South line of said Quarter Quarter Section 40 feet; thence North and parallel with the East line of said Quarter Quarter Section 150 feet; thence East parallel with the first course herein described 40 feet; thence South 150 feet to the point of beginning, except the South part of said premises in county road.

 

TRACT 6: All that part of the Southwest Quarter of the Northeast Quarter of Section 31, Township 48, Range 33, Kansas City, Jackson County, Missouri, described as follows: Beginning at a point 275.5 feet West of the Southeast corner of the West Half of the Northeast Quarter of Section 31; thence West along the Half Section line of said Section 138 1/2 feet; thence North to the center of the channel of Indian Creek, thence East and South along the center channel of Indian Creek to a line running North from beginning; thence South to place of beginning, except that part in County Road.

 

Containing 5.85 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 the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2.                  That the developer provide an easement for an area that contains portions of the existing Indian Creek Trail on the north side of Indian Creek within Indian Creek Greenway to the Parks and Recreation Department, as approved by the Parks and Recreation Department.

 

3.                 That the developer submit a micro storm drainage study, including a BMP level of service analysis, to Development Services for review and acceptance for this phase when the final plat is submitted, and that the developer secure permits to construct any improvements as required by Development Services prior to recording the plat.

                 

4.     That the developer construct a 5 ft. wide sidewalk, on both Lots 1 and 2 along the north side of W. 103rd Street, to collector street standards, connecting to the existing sidewalks east and west of the subject property, as required by Development Services.

 

 

5.      That after the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications within the planned boundary without the prior written consent of Development Services.

 

6.                  That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities.

 

7.                 That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more.

 

8.                 That the developer obtain a floodplain certificate from Development Services prior to beginning any construction activities within the floodplain.

 

9.                 That the developer show the limits of the 100-year floodplain on the final plat.

 

10.             That the developer show the lowest opening or elevation or Minimum Low Opening (MLO) of any structure on each lot that abuts a 100-year floodplain area on the final plat.

 

11.             That the developer grant a BMP Easement to the City, as required by Development Services, on the final plat.

 

12.             That the developer submit a final stream buffer plan, prepared in accordance with Section 88-415, for review and acceptance by Development Services, with the final plat application.

 

13.             That the final stream buffer zones be shown and labeled on the final plat within a private open space tract.

 

14.     That the developer submit covenants, conditions and restrictions to Development Services for approval by the Law Department and enter into covenant agreements for the maintenance of any private open space tracts with stream buffer zones or stormwater detention area tracts, prior to recording the plat.

 

15. That the developer dedicate 10 additional feet of right of way across lot 1 so that there is a total of 40 feet of right of way from the center line of the street.

 

A copy of the preliminary plat 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 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