ORDINANCE NO. 060730

Rezoning approximately 17 acres generally located at the northeast corner of I-435 and Holmes Road from Districts R-5-O-p and R-2a to District R-5-O-p, and approving a development plan for the same. (7443-P-22)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by enacting a new section to be known as Section 80-11A0686, rezoning an area of approximately 17 acres generally located at the northeast corner of I-435 and Holmes Road from Districts R-5-O-p (High Apartments, Administrative Office Building Limited District) and R-2a, (Two-Family Dwellings) to District R-5-O-p (High Apartments, Administrative Office Building Limited District), said section to read as follows:

Section 80-11A0686. That an area legally described as:

TRACT 1: Lots 1, 2 and 3 "Holmes Corporate Centre", a subdivision of land in Kansas City, Jackson County, Missouri; and a tract of land deeded to Linclay Corporation of Kansas City by the State of Missouri acting by and through the Missouri Highway and Transportation Commission by Quit Claim Deed recorded August 22, 1983, as Document No. K-607745, in Book K-1302 at Page 1305, (said tract of land being the same tract secured by the Missouri Highway and Transportation Commission in a conveyance recorded June 21, 1960, as Document No. B-346795, in Book B-5317, at Page 219 and by Condemnation Decree in Case No.1 30022, Paragraph 13.0 in the Report of Commissioners); all in the Northeast 1/4 of Section 32, Township 48 North, Range 33 West of the 5th Principal Meridian in said Kansas City, Jackson County, Missouri described as follows: Beginning at the Southeast comer of said Lot 1, said point also being the Northeast comer of said Document No.K-607745 and on the Northerly Right of Way line of Interstate Highway No.435; thence South 3 degrees 34 minutes 27 seconds West (all bearings herein are referenced to the recorded plat of "Holmes Corporate Centre") on the Southerly line of said Document No. K-607745 and on the Northerly Right of Way line of said Interstate No. 435,47.50 feet; thence North 82 degrees 14 minutes 22 seconds West on last said Southerly and Northerly lines, 368.58 feet; thence North 56 degrees 24 minutes 12 seconds West on last said Southerly and Northerly lines, 250.04 feet to the Southeast comer of said Lot 3; thence North 43 degrees 10 minutes 08 seconds West on the Southerly line of said Lot 3 and continuing on last said Northerly Right of Way line, 107.63 feet; thence North 86 degrees 55 minutes 33 seconds West on last said Southerly and Northerly lines, 58.33 feet; thence North 43 degrees 37 minutes 58 seconds West on last said Southerly and Northerly lines, 76.62 feet to a point of curvature; thence Westerly on last said Southerly and Northerly lines on a curve to the left having a radius of 360.00 feet (said curve being tangent to the last described course and having a delta of 43 degrees 17 minutes 35 seconds chord bearing of North 65 degrees 16 minutes 46 seconds West and chord distance of265.59 feet) an arc distance of 272.02 feet to a point of tangency; thence North 86 degrees 55 minutes 33 seconds West on last said Southerly and Northerly lines, 50.89 feet; thence North 50 degrees 12 minutes 34 seconds West on last said Southerly and Northerly lines, 85.04 feet to the Easterly Right of Way line of Holmes Road; thence North 2 degrees 10 minutes 32 seconds East on the Easterly line of said Holmes Road and on the Westerly line of said Lot 3, 242.81 feet to a point of curvature on the Southerly Right of Way line of 101st Terrace; thence Northeasterly on said Southerly Right of Way line and on the Northerly line of said Lot 3 on a curve to the right having a radius of 88.00 feet (said curve being tangent to the last described course and having a delta of 89 degrees 49 minutes 28 seconds, chord bearing of North 47 degrees 05 minutes 16 seconds East, and chord distance of 124.26 feet) an arc distance of 137.96 feet to a point of tangency; thence South 88 degrees 00 minutes 00 seconds East on last said Southerly and Northerly lines 165.89 feet to a point of curvature; thence Easterly on said Southerly and Northerly lines and on the Northerly line of said Lot 2 on a curve to the left having a radius of 269.50 feet (said curve being tangent to the last described course and having a delta of37 degrees 30 minutes 00 seconds, chord bearing of North 73 degrees 15 minutes 00 seconds East and chord distance of 173.26 feet) an arc distance of 176.39 feet to a point of tangency; thence North 54 degrees 30 minutes 00 seconds, East on last said Southerly Right of Way line and on said Northerly line of Lot 2, 166.47 feet to a point of curvature; thence Easterly on last said Southerly and Northerly lines on a curve to the right having a radius of 178.50 feet (said curve being tangent to the last described course and having a delta of75 degrees 09 minutes 50 seconds, chord bearing of South 57 degrees 55 minutes 04 seconds East and chord distance of 217.73 feet) an arc distance of 234.17 feet to a point of tangency; thence South 50 degrees 20 minutes 10 seconds East on last said Southerly and Northerly lines 377.33 feet to a point of curvature; thence Southerly on last said Southerly and Northerly lines and on the Easterly line of said Lot 1 on a curve to the right having a radius of 323.60 feet (said curve being tangent to the last described course and having a delta of 66 degrees 49 minutes 43 seconds chord bearing of South 16 degrees 55 minutes 18 seconds East, chord distance of 356.41 feet) an arc distance of 377.44 feet to a point of tangency; thence South 16 degrees 29 minutes 33 seconds West on the Westerly Right of Way line of said 101st Terrace and said Easterly line of Lot 1, 165.93 feet to a point of curvature, thence Southerly on last said Westerly and Easterly lines on a curve to the left having a radius of 405.09 feet (said curve being tangent to the last described course and having a delta of 23 degrees 36 minutes 58 seconds, chord bearing of South 4 degrees 41 minutes 04 seconds West and chord distance of 165.79 feet) an arc distance of 166.97 feet to the point of beginning.

TRACT 2 : The non-exclusive easements for ingress and egress appurtenant to Tract 1 shown above as established in the document recorded as Document No. K-544490, in Book K-1183, at Page 894 and contained in the document filed as Document No. K-647545, in Book K-1390, at Page 678.

is hereby rezoned from Districts R-5-O-p (High Apartments, Administrative Office Building Limited District) and R-2a (Two-Family Dwellings) to District R-5-O-p (High Apartments, Administrative Office Building Limited District), all as shown outlined on a map marked Section 80-11A0686, 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 development plan for the area legally described above 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 storm drainage study and construct any improvements as required by Development Services.

3. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval prior to beginning any construction activities.

4. That the developer submit a final plan to the City Plan Commission for approval including grading, landscaping and a photometric study to show zero footcandles at the property lines.

5. That sidewalks be constructed along the frontage of all of the existing and additional property along 101st Terrace south and east of the southerly drive.

A copy of said development plan is on file in the office of the City Clerk with this ordinance and is 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.

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I hereby certify that as required by Chapter 80, 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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M. Margaret Sheahan Moran

Assistant City Attorney