ORDINANCE NO. 970541
Amending Chapter 80, Code of Ordinances of the City of
Kansas City, Missouri, 1996, commonly known as the Zoning Ordinance, by adding
a new section to be known as Section 80-11A0055, rezoning the underground space
of an area of approximately 1,155 acres generally bounded by Missouri Highway
210 on the south, the city limits of Claycomo, Liberty and Birmingham to the
north and east, and extending west to approximately one-half mile east of
Interstate 435 from Districts RA (Agricultural) and US (Underground Space) to
District US (Underground Space), and approving a plan for the same.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 80, Code of Ordinances of
the City of Kansas City, Missouri, 1996, commonly known as the Zoning
Ordinance, is hereby amended by enacting a new section to be known as Section
80-11A0055, rezoning the underground space of an area of approximately 1,155
acres generally bounded by Missouri Highway 210 on the south, the city limits
of Claycomo, Liberty and Birmingham to the north and east, and extending west
to approximately one-half mile east of Interstate 435 from Districts RA
(Agricultural) and US (Underground Space) to District US (Underground Space),
said section to read as follows:
Section 80-11A0055. That an area legally described
as:
All that part of Sections 1, 2, and 11, Township 50,
Range 32, and all that part of Section 35 and 36, Township 51, Range 32, including
all or part of LINDEMAN ADDITION, PHISTER PLACE and HILTON'S ADDITION, all
being in Kansas City, Clay County, Missouri, lying below the top of the
Winterset Ledge of Limestone Rock, being more particularly described as
follows: Beginning at the Northwest corner of said Section 2, said point
being also the Southwest corner of said Section 35; thence South
0o37'24" West, along the West line of the Northwest Quarter of said
Section 2, 2788.69 feet to the Southwest corner of said Northwest
Quarter; thence South 0o40'50" West, along the West line of the
Southwest Quarter of said Section 2, 2634.37 feet to the Southwest corner
of said Southwest Quarter; thence South 0o27'11 West, along the West line
of the Northwest Quarter of said Section 11, 2632.30 feet to the Southwest
corner of said Northwest Quarter; thence South 0o21'21" West, along
the West line of the Southwest Quarter of said Section 11, 415.09 feet to
a point on the Northerly right-of-way line of the Burlington Northern
Railroad; thence Northeasterly, along said Northerly right-of-way line, on a
curve to the left, having an initial tangent bearing of North
74o04'03" East, a radius of 5679.65 feet, an arc distance of 506.34
feet; thence North 68o57'35" East, along said Northerly right-of-way
line, 1909.34 feet; thence Northeasterly, along said Northerly
right-of-way line, on a curve to the left, tangent to the last described
course, having a radius of 2814.93 feet, an arc distance of 917.78 feet;
thence North 49o12'51" East, along said Northerly right-of-way line,
1026.57 feet; thence North 41o26'08" West, 560.00 feet; thence South
48o33'52" West, 25.00 feet; thence North 41o26'08" West, 195.00
feet; thence South 48o33'52" West, 252.00 feet; thence South
41o26'08" East, 195.00 feet; thence South 48o33'52" West, 26.40
feet; thence North 89o16'30" West, 155.07 feet; thence North
0o13'34" East, 125.00 feet; thence North 89o16'30" West, 145.00
feet; thence South 0o13'34" West, 125.00 feet; thence North
89o16'30" West, 302.00 feet to a point on the West line of the
Northeast Quarter of said Section 11; thence North 0o13'34" East,
along said West line, 525.00 feet; thence South 89o16'30" East,
145.00 feet; thence North 0o13'34" East, 290.00 feet, to a point on
the North line of said Northeast Quarter; thence North 89o16'30" West,
along said North line, 145.00 feet to the Northwest corner of said
Northeast Quarter; thence North 0o39'53" East, along the West line
of the Southwest Quarter of said Section 2, 30.00 feet; thence South
89o16'30" East, 190.00 feet; thence North 0o39'53" East, 210.50
feet; thence South 89o16'30" East, 140.00 feet; thence North
0o39'53" East, 23.50 feet; thence South 89o16'30" East, 82.50
feet; thence South 0o39'53" West, 264.00 feet to a point on the
South line of the Southeast Quarter of said Section 2; thence South 89o16'30"
East, along said South line, 82.50 feet; thence North 0o39'53"
East, 528.00 feet; thence North 89o16'30' West, 165.00 feet; thence
North 0o39'53' East, 793.00 feet; thence South 89o16'30" East,
984.72 feet; thence South 0o34'55" West, 686.00 feet; thence South
89o16'30" East, 105.00 feet; thence South 0o34'55" West, 268.00
feet; thence South 89o16'30' East, 218.40 feet; thence North
0o34'55" East, 218.00 feet; thence South 89o16'30" East, 72.60
feet; thence South 0o34'55" West, 236.30 feet; thence North
43o51'10" East, 460.00 feet; thence North 55o51'10" East,
256.00 feet; thence North 1o38'00" East, 172.00 feet; thence South
25o35'49" East, 99.57 feet; thence South 78o10'10" East, 123.10
feet; thence North 78o20'20" East, 226.58 feet to the East line of
the Southeast Quarter of said Section 2; thence North 0o28'03" East,
along said East line, 1698.86 feet to the Southwest corner of the
Northwest Quarter of said Section 1; thence South 89o19'19" East,
along the South line of said Northwest Quarter, 2026.89 feet; thence North
20o13'16" East, 18.19 feet; thence Northerly, along a curve to the
left, having a radius of 1628.40 feet, an arc distance of 791.86 feet; thence
North 16o26'47" West, 544.12 feet; thence Northerly along a curve
to the right, tangent to the last described course, having a radius of
4429.07 feet, an arc distance of 351.84 feet; thence Northerly and
Northwesterly, along a curve to the left, having a common tangent with the
last described course, a radius of 741.04 feet, an arc distance of 669.02
feet; thence North 63o24'28" West, 1044.54 feet to a point on the
North line of said Northwest Quarter; thence North 89o29'48" West,
along said North line, 408.97 feet to the Northwest corner of said
Northwest Quarter; thence North 89o29'48" West, along the North line
of the Northeast Quarter of said Section 2, 2610.01 feet to the Northwest
corner of said Northeast Quarter; thence North 88o52'38" West, along
the North line of the Northwest Quarter of said Section 2, 2608.26 feet to
the Point of Beginning.
And also that part lying below the top of the
Winterset Ledge of Limestone Rock, being more particularly described as
follows: beginning at the Southwest corner of said Section 35; thence
North 0o23'00" East, along the West line of the Southwest Quarter of
said Section 35, 2616.00 feet to the Northwest corner of said Southwest Quarter;
thence South 89o39'20" East, along the North line of said Southwest
Quarter, 1266.61 feet to the Southeast corner of the Southwest Quarter of
the Northwest Quarter of said Section 35; thence North 0o24'06" East
along the East line of the West One-Half of the Northwest Quarter of said
Section 35, 1422.86 feet to a point that is 1119.46 feet South of the
North line of said Section 35; thence South 89o36'54" East and
parallel to the said North line, 87.87 feet, to the Centerline of the main
channel of Big Shoal Creek, as now established; thence South 49o15'03"
East, along said Centerline, 198.38 feet; thence South 72o27'49"
East, along said Centerline, 63.84 feet; thence South 84o19'17" East,
along said Centerline, 158.28 feet; thence South 56o17'18" East,
along said Centerline, 761.21 feet; thence South 48o07'59" East,
along said Centerline, 600.00 feet; thence South 32o55'36" East,
along said Centerline, 69.00 feet; thence North 77o25'18" East, along
said Centerline, 309.00 feet; thence Southeasterly, along said
Centerline, on a curve to the right, tangent to the last described course,
having a radius of 226.71 feet, an arc distance of 364.00 feet; thence
South 10o31'14" East, along said Centerline, 387.00 feet; thence
South 68o07'23" East, along said Centerline, 235.00 feet; thence
South 76o43'33" East, along said Centerline, 191.00 feet; thence
Southeasterly, along said Centerline, on a curve to the right, tangent to
the last described course, having a radius of 88.00 feet, an arc distance
of 91.00 feet; thence South 17o17'59" East, along said Centerline,
108.00 feet; thence Southerly, along said Centerline, on a curve to the right,
tangent to the last described course, having a radius of 151.13 feet, an
arc distance of 97.00 feet; thence South 19o18'46" West, along said
Centerline, 124.00 feet; thence South 14o33'39" East, along said
Centerline, 268.00 feet; thence South 28o05'25" East, along said
Centerline, 363.00 feet; thence South 49o58'18" East, along said
Centerline, 433.00 feet; thence Southeasterly, along said Centerline, on
a curve to the right, having an initial tangent bearing of South 50o27'56"
East, a radius of 462.16 feet, an arc distance of 308.00 feet; thence
South 11o45'11" East, along said Centerline, 201.00 feet; thence
South 0o20'00" East, 437.03 feet to a point on the South line of the
Norfolk and Western Railroad Company right-of-way; thence Southeasterly,
along said South line, on a curve to the left, having an initial tangent
bearing of South 57o10'24" East, a radius of 816.78 feet, an arc distance
of 309.16 feet; thence South 78o51'37" East, along South line,
150.47 feet to a point on the East line of said Section 35; thence North
0o39'15" East, along said East line, 50.47 feet; thence
Southeasterly along said South line, on a curve to the right, having an
initial tangent bearing of South 77o13'20' East, a radius of 905.37 feet, an
arc distance of 344.58 feet; thence South 55o24'57" East, along said
South line, 113.00 feet to a point on the South line of said Section 36;
thence North 89o29'48" West, along said South line, 408.97 feet to
the Southeast corner of said Section 35; thence North 89o29'48"
West, along the South line of said Section 35, 2610.01 feet to the
Southwest corner of the Southeast Quarter of said Section 35; thence
North 88o52'38" West, along the South line of said Section 35,
2608.26 feet to the Point of Beginning. Except that part conveyed by
Document Number E 66951, in Book 1523 at Page 75. Containing 1145.07
acres, more or less, except that part condemned by Wabash Railroad Company
in Case No. 27694 in the Circuit Court of Clay County, Missouri, a
certified copy of the Commissioner's Report being filed as Document B-45434 and
of record in Book 720, at Page 224 in said Recorder's Office.
is hereby rezoned from Districts RA (Agricultural) and US
(Underground Space) to District US (Underground Space), all as shown outlined
on a map marked Section 80-11A0055, which is attached hereto and made a part
hereof, and which is hereby adopted as a part of an amendment to the zoning
maps constituting a part of said chapter and as an amendment to Section 80-11
thereof.
Section B. That a plan for the underground space of
the area legally described above is hereby approved, subject to the following
conditions:
1. That the developer file with the City Plan
Commission a certificate by a registered professional engineer as to
the structural integrity of the mine.
2. That the developer monitor the blasting
regularly to assure that no damage is occurring to residential
districts and/or residential and commercial structures in any
area above or surrounding the District US.
A copy of said plan is on file in the office of the City
Clerk under Document No. 970541, which is attached hereto and made a part
hereof.
Section C. That the Council finds and declares that
before taking any action on the proposed amendment hereinabove, all public
notices and hearings required by the Zoning Ordinance have been given and had.
_____________________________________________
I hereby certify that as required by Chapter 80,
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