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Legislation #: 090908 Introduction Date: 10/22/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving the preliminary plat of Gates Plaza East on a 21.11 acre tract of land generally located at the southeast quadrant of E. 47th Street (Emanuel Cleaver II Boulevard) and Troost Avenue. (SD 1396)

Legislation History
DateMinutesDescription
10/22/2009 Filed by the Clerk's office
10/22/2009 Referred to Planning and Zoning Committee
12/2/2009 Do Pass as a Committee Substitute
12/3/2009 Assigned Third Read Calendar as Substituted
12/10/2009 Passed

View Attachments
FileTypeSizeDescription
CSD1396_FactSheet_10_19_09.doc Fact Sheet 75K fact sheet
CSD1396_STAFFRPT_08_05_08.doc Staff Report 89K staff report

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090908

 

Approving the preliminary plat of Gates Plaza East on a 21.11 acre tract of land generally located at the southeast quadrant of E. 47th Street (Emanuel Cleaver II Boulevard) and Troost Avenue. (SD 1396)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That the preliminary plat of Gates Plaza East on a 21.11 acre tract of land generally located at the southeast quadrant of E. 47th Street (Emanuel Cleaver II Boulevard) and Troost Avenue, and more specifically described as follows:

 

This is a resurvey and subdivision of part of Blocks 1 through 4, Davis Place, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, together with part of Forest Avenue, Tracy Avenue, Virginia Avenue and East 48th Street and together with part of the northwest quarter of the southwest quarter of Section 28, Township 49 North, Range 33 West, more particularly described as follows:

 

Commencing at the northwest corner of the northwest quarter of the southwest quarter of said Section 28; thence South 02 degrees 38 minutes 54 seconds West along the west line of the Northwest Quarter of the Southwest Quarter of said Section 28, a distance of 45.04 feet; thence South 87 degrees 12 minutes 24 seconds East, a distance of 40.00 feet to the point of intersection of the east right-of-way line of Troost Avenue with the south right-of-way line of Emanuel Cleaver II Boulevard, said south right-of-way line established by Ordinance No. 53630, October 11, 1926, said point also being the point of beginning of the herein described tract; thence continuing South 87 degrees 12 minutes 24 seconds East along said south right-of-way line, a distance of 893.33 feet; thence South 77 degrees 24 minutes 17 seconds East along said south right-of-way line, a distance of 60.91 feet; thence North 85 degrees 51 minutes 45 seconds East along said south right-of-way line, a distance of 20.90 feet; thence South 66 degrees 30 minutes 38 seconds East continuing along said south right-of-way line, a distance of 106.18 feet to a point 120 feet east of the east right-of-way line of Virginia Avenue, said Virginia Avenue established by Ordinance No. 32674, recorded May 9, 1918, said point being on the west right-of-way line of The Paseo, as established by Ordinance No. 52089, approved March 23, 1926; thence South 02 degrees 40 minutes 01 seconds West along said west right-of-way line 120 feet east of and parallel with the east right-of-way line of said Virginia Avenue, a distance of 365.35 feet to a point 25 feet south of the north line of Lot 19, Block 4, said Davis Place; thence South 21 degrees 46 minutes 19 seconds West, a distance of 132.42 feet to a point on the south line of Lot 17, Block 4, said Davis Place, said point being 50 feet east of the southwest corner of said Lot 17; thence North 87 degrees 08 minutes 25 seconds West along the south line of said Lot 17 and the westerly prolongation thereof, a distance of 126.66 feet to the intersection of the south line of Lot 19, Block 3, said Davis Place with the west right-of-way line of Virginia Avenue as established by Ordinance No. 32675, recorded May 9, 1918; thence South 02 degrees 40 minutes 01 seconds West along said west right-of-way line and the southerly prolongation thereof, a distance of 102.78 feet to a point 50 feet south of the south line of said Davis Place to the northerly line of Brush Creek; thence South 60 degrees 24 minutes 45 seconds West along said northerly line, a distance of 996.76 feet to a point 100 feet north of the south line of the Northwest Quarter of the Southwest Quarter of said Section 28; thence North 87 degrees 20 minutes 19 seconds West along a line 100 feet north of and parallel with the south line of the Northwest Quarter of the Southwest Quarter of said Section 28, a distance of 60.00 feet to a point on the east line of Troost Avenue, being 40 feet east of the west line of the Northwest Quarter of the Southwest Quarter of said Section 28; thence North 02 degrees 38 minutes 54 seconds East along the east right-of-way line of said Troost Avenue along a line 40 feet east of and parallel with the west line of the Northwest Quarter of the Southwest Quarter of said Section 28, a distance of 1172.52 feet (Record=1172.75 feet) to the point of beginning. Said tract containing 919,088 square feet or 21.10 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 submit a micro storm drainage study to Development Services for review and acceptance when the final plat is submitted, and that the developer construct any improvements as required by Development Services.

 

3. That the developer dedicate additional right of way as required by Development Services so as to provide right of way as shown on the approved development plan for 47th Terrace.

 

4. That the developer vacate portions of Forest Avenue, Tracy Avenue, Virginia Avenue and 48th Street, as required by Development Services, and the vacation occur with the final plat.

 

5. That 47th Terrace be constructed to modified collector street standards, as shown on the approved development plan, as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and that relocation of utilities be secured by a contract with the City prior to issuance of any certificate of occupancy.

 

6. That the developer dedicate additional right of way for Emanuel Cleaver II Boulevard as required by Parks and Recreation so as to provide for 50 feet of right of way as measured from the centerline of Emanuel Cleaver II Boulevard and further that the developer remove the 10 foot wide KCP&L easement on Lot 1 and relocate the 10 foot wide Utility easement on Lots 2, 3 and 4 south of and adjacent to the proposed additional feet of right of way dedication as required by Development Services and the Parks and Recreation Department and further that the developer agree for Lot 1, that an additional five (5) feet of right of way shall be dedicated from Lot 1 so as to provide 50 feet of right of way as measured from the centerline of Emanuel Cleaver II Boulevard, and further that a 10 foot wide Utility easement shall be south of and adjacent to the proposed additional five (5) feet of right of way dedication, all at such time that the existing building/s are removed and prior to the issuance of a building permit as required by Development Services and the Water Services Department.

 

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

 

8. That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

9. That the developer submit a letter from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters. The letter must identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by Development Services, prior to recording the plat.

 

10. 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.

 

11. 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.

 

12. That the developer extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services.

 

13. That the developer provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services.

 

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

 

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

 

16. 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.

 

17. That the developer provide for fire protection as required by the Fire Department.

 

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