COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080206

Rezoning an area of approximately 474 acres generally located at the northeast quadrant of Interstate 435 and Highway 169, from District RA to Districts R-1b, R-3, R-4 and C-2. (13614-P-4)

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 80-11A0792, rezoning an area of approximately 474 acres generally located at the northeast quadrant of Interstate 435 and Highway 169, from District RA (Agricultural) to Districts R-1b (One-Family Dwellings), R-3 (Low Density, Low Apartments), R-4 (Low Apartments) and C-2 (Local Retail Business), said section to read as follows:

Section 80-11A0792. That an area legally described as:

R-1b Rezoning Description

All that part of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the southeast corner of the Southwest Quarter of said Section 14; thence North 0015'01" East along the east line of said Southwest Quarter, 176.64 feet to a point on the north right-of-way line of Interstate Route 435, as described in Book 1165 at page 838, in the Office of the Recorder of Deeds in Clay County, Missouri, said point being the true point of beginning of the tract to be herein described; thence South 7459'12" West along said north right-of-way line, 246.66 feet to a point 150.00 north of Interstate Route 435 Centerline Station 71+00; thence South 7854'18" west along said north right-of-way line, 439.39 feet to a point 150.00 feet north of said Centerline Station 66+61.61, said point being also 72.00 feet north of the base line of Ramp No. 5; thence South 8417'18" West along said north right-of-way line, 184.80 feet to a point 70.00 feet north of Station 2+00 of said base line; thence North 8323'54" West along said north right-of-way line, 296.44 feet to a point 50.00 feet north of Station 5+17.07 of said base line; thence North 6045'28" West along said north right-of-way line, 171.11 feet to a point on the east line of N. Main Street, as now established; thence North 0015'50" East along said east line, 732.64 feet; thence South 8944'10" East, 70.77 feet; thence northeasterly along a curve concave northwesterly whose radius is 180.00 feet, whose arc length is 94.25 feet and whose chord bears North 7515'50" East, 93.17 feet; thence North 6015'50" East, 26.85 feet; thence northeasterly along a curve concave southeasterly whose radius is 180.00 feet, whose arc length is 6.83 feet and whose chord bears North 6121'01" East, 6.83 feet; thence North 0015'50" East, 89.94 feet; thence northeasterly along a curve concave southeasterly whose radius is 300.00 feet, whose arc length is 104.43 feet and whose chord bears North 1014'11" East, 103.91 feet; thence North 2012'32" East, 133.54 feet; thence northeasterly along a curve concave northwesterly whose radius is 500.00 feet, whose arc length is 174.05 feet and whose chord bears North 1014'11" East, 173.18 feet; thence North 0015'50" East, 307.45 feet; thence South 8944'10" East, 540.00 feet; thence North 8804'16" East, 43.61 feet; thence North 8107'51" East, 42.07 feet; thence North 7408'21" East, 42.07 feet; thence North 6708'51" East, 42.07 feet; thence South 2620'54" East, 155.00 feet; thence northeasterly along a curve concave northwesterly whose radius is 500.00 feet, whose arc length is 55.56 feet and whose chord bears North 6028'05" East, 55.53 feet; thence North 5717'05" East, 363.59 feet; thence northwesterly along a curve concave northeasterly whose radius is 500.00 feet, whose arc length is 308.42 feet and whose chord bears North 1502'40" West, 303.55 feet; thence North 0237'35" East, 54.02 feet; thence northwesterly along a curve concave southwesterly whose radius is 600.00 feet, whose arc length is 252.51 feet and whose chord bears North 0925'48" West, 250.65 feet; thence North 2129'11" West, 80.38 feet; thence North 6830'49" East, 458.13 feet; thence northeasterly along a curve concave northwesterly whose radius is 800.00 feet, whose arc length is 819.60 feet and whose chord bears North 3909'50" East, 784.23 feet; thence South 8011'10" East, 30.00 feet; thence North 8829'37" East, 59.70 feet; thence North 7638'05" East, 94.47 feet; thence North 3312'43" East, 152.40 feet; thence North 0447'35" West, 16.43 feet; thence North 7138'27" East, 97.36 feet; thence North 3758'42" East, 111.56 feet; thence North 0152'20" East, 111.56 feet; thence North 3414'03" West, 111.56 feet; thence North 1916'14" East, 200.68 feet to the southeast corner of the Northwest Quarter of the Northeast Quarter of said Section 14; thence South 8941'18" East along the north line of the Southeast Quarter of said Northeast Quarter, 724.91 feet to a point on the west line of the abandoned right-of-way line of the Kansas City and Texas Railroad; thence South 0243'43" East along said west right-of-way line, 980.34 feet; thence North 8716'17" East along said west right-of-way line, 25.00 feet; thence southerly along said westerly right-of-way line and along a curve concave westerly whose radius is 1860.00 feet, whose arc length is 486.95 feet and whose chord bears South 0446'17" West, 485.56 feet; thence South 1216'17" West along said west right-of-way line, 1190.65 feet to the south line of the Northeast Quarter of the Southeast Quarter of said section 14; thence South 8945'15" East along said south line, 102.12 feet; thence South 1216'17" West along a line described in Book 90 at page 372, in the Office of the Recorder of Deeds in said Clay County, Missouri, 1025.44 feet to a point on the north right-of-way line of said Interstate Route 435; thence North 8906'44" West along said north right-of-way line, 494.28 feet to a point 165.00 feet north of Centerline Station 85+42.69; thence South 8743'46" West along said north right-of-way line, 406.52 feet to a point 160.00 feet north of Centerline Station 81+50; thence South 8127'51" West along said north right-of-way line, 584.78 feet to a point 150.00 feet north of Centerline Station 75+84.06 feet; thence North 8908'20" West along said north right-of-way line, 120.68 feet to a point 175.00 feet north of Centerline Station 74+65; thence South 7459'12" West along said north right-of-way line, 119.19 feet to the true point of beginning. Said tract contains 177.89 acres (7,748,945 s.f.) and is subject to any and all easements of record

R-3 Rezoning Description

All that part of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Beginning at the northeast corner of the Northwest Quarter of the Northeast Quarter of said Section 14; thence South 0020'12" West along the east line of said Northwest Quarter of the Northeast Quarter, 1311.76 feet to the southeast corner of said Northwest Quarter of the Northeast Quarter; thence South 1916'14" West, 200.68 feet; thence South 3414'03" East, 111.56 feet; thence South 0152'20" West, 111.56 feet; thence South 3758'42" West, 111.56 feet; thence South 7138'27" West, 97.36 feet; thence South 0447'35" East, 16.43 feet; thence South 3312'43" West, 152.40 feet; thence South 7638'05" West, 94.47 feet; thence South 8829'37" West, 59.70 feet; thence North 8011'10" West, 30.00 feet; thence southwesterly along a curve concave northwesterly whose radius is 800.00 feet, whose arc length is 819.60 feet and whose chord bears South 3909'50" West, 784.23 feet; thence South 6830'49" West, 733.03 feet; thence North 2129'11" West, 30.00 feet; thence North 1515'48" West, 310.22 feet; thence North 0126'13" East, 195.45 feet; thence North 0720'59" East, 269.98 feet; thence North 4927'22" West, 213.42 feet; thence North 5054'03" West, 40.00 feet; thence northerly along a curve concave westerly whose radius is 600.00 feet, whose arc length is 777.33 feet and whose chord bears North 0159'04" East, 724.10 feet; thence North 3507'50" West, 1039.94 feet; thence northwesterly along a curve concave northeasterly whose radius is 500.00 feet, whose arc length is 308.43 feet and whose chord bears North 1727'31" West, 303.56 feet; thence North 0012'47" East, 69.25 feet to the north line of the Northwest Quarter of said Section 14; thence South 8925'17" East along said north line, 1221.09 feet to the northeast corner of said Northwest Quarter; thence South 8926'27" East along the north line of the Northeast Quarter of said Section 14, a distance of 1306.12 feet to the true point of beginning. Said tract contains 110.53 acres (4,814,822 s.f.) and is subject to any and all easements of record.

R-4 Rezoning Description

All that part of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the northwest corner of said Section 14; thence South 8925'17" East along the north line of said Section 14, 250.67 feet to a point on the easterly right-of-way line of U.S. Highway No. 169, as now established, said point being the true point of beginning of the tract to be herein described; thence South 8925'17" East along said north line, 1152.78 feet; thence South 0012'47" West, 69.25 feet; thence southeasterly along a curve concave northeasterly whose radius is 500.00 feet, whose arc length is 308.43 feet and whose chord bears South 1727'31" East, 303.56 feet; thence South 3507'50" East, 1039.94 feet; thence southerly along a curve concave westerly whose radius is 600.00 feet, whose arc length is 777.33 feet and whose chord bears South 0159'04" West, 724.10 feet; thence South 5054'03" East, 40.00 feet; thence South 4927'22" East, 213.42 feet; thence South 0720'59" West, 269.98 feet; thence South 0126'13" West, 195.45 feet; thence South 1515'48" East, 310.22 feet; thence South 2129'11" East, 30.00 feet; thence North 6830'49" East, 274.89 feet; thence South 2129'11" East, 80.38 feet; thence southeasterly along a curve concave southwesterly whose radius is 600.00 feet, whose arc length is 252.51 feet and whose chord bears South 0925'48" East, 250.65 feet; thence South 0237'35" West, 54.02 feet; thence southeasterly along a curve concave northeasterly whose radius is 500.00 feet, whose arc length is 308.42 feet and whose chord bears South 1502'40" East, 303.55 feet; thence South 5717'05" West, 363.59 feet; thence southwesterly along a curve concave northwesterly whose radius is 500.00 feet, whose arc length is 55.56 feet and whose chord bears South 6028'05" West, 55.53 feet; thence North 2620'54" West, 155.00 feet; thence South 6708'51" West, 42.07 feet; thence South 7408'21" West, 42.07 feet; thence South 8107'51" West, 42.07 feet; thence South 8804'16" West, 43.61 feet; thence North 8944'10" West, 540.00 feet; thence North 0015'50" East, 210.27 feet; thence northerly along a curve concave easterly whose radius is 1000.00 feet, whose arc length is 356.88 feet and whose chord bears North 1029'15" East, 354.99 feet; thence North 2042'41" East, 153.63 feet; thence northerly along a curve concave westerly whose radius is 1000.00 feet, whose arc length is 277.25 feet and whose chord bears North 1246'07" East, 276.37 feet; thence North 0449'33" East, 96.13 feet; thence North 8510'27" West, 145.42 feet; thence North 6917'19" West, 518.60 feet; thence North 7753'55" West, 50.00 feet; thence northwesterly along a curve concave southwesterly whose radius is 500.00 feet, whose arc length is 425.69 feet and whose chord bears North 1217'20" West, 412.95 feet; thence North 3640'45" West, 136.77 feet; thence northwesterly along a curve concave northeasterly whose radius is 1000.00 feet, whose arc length is 70.91 feet and whose chord bears North 3438'52" West, 70.90 feet; thence North 5723'01" East, 60.00 feet; thence North 6035'08" East, 104.90 feet; thence North 9000'00" East, 132.69 feet; thence North 0034'43" East, 380.48 feet; thence North 8925'17" West, 47.07 feet; thence westerly along a curve concave southerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears South 8154'05" West, 392.25 feet; thence South 7313'28" West, 22.29 feet; thence westerly along a curve concave northerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears South 8154'05" West, 392.25 feet; thence North 8925'17" West, 169.63 feet to said easterly right-of-way line of U.S. Highway 169; thence North 0016'18" East along said easterly right-of-way line, 588.91 feet; thence North 0420'15" East along said easterly right-of-way line, 65.12 feet; thence northerly along said easterly right-of-way line and along a curve concave easterly whose radius is 14874.40 feet, whose arc length is 422.78 feet and whose chord bears North 0233'55" East, 422.76 feet; thence North 0131'56" East along said easterly right-of-way line, 172.53 feet; thence North 3244'55" East along said easterly right-of-way line , 121.89 feet; thence North 0020'16" East along said easterly right-of-way line, 39.01 feet to the to the true point of beginning. Said tract contains 97.42 acres (4,243,405 s.f.) and is subject to any and all easements of record.

and

All that part of the Southwest Quarter of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Beginning at the southeast corner of Lot 12, Countryside Acres, an official plat; thence North 8916'29" West along the south line of said Lot 12, 282.56 feet; thence North 0043'31" East, 317.55 feet; thence North 3422'02" East, 469.10 feet; thence southeasterly along a curve concave northeasterly whose radius is 300.00 feet, whose arc length is 178.57 feet and whose chord bears South 7241'04" East, 175.94 feet; thence South 8944'10" East, 172.31 feet; thence South 0015'50" West, 152.45 feet; thence southwesterly along a curve concave northwesterly whose radius is 500.00 feet, whose arc length is 174.05 feet and whose chord bears South 1014'11" West, 173.18 feet; thence South 2012'32" West, 133.54 feet; thence southwesterly along a curve concave southeasterly whose radius is 300.00 feet, whose arc length is 104.43 feet and whose chord bears South 1014'11" West, 103.91 feet; thence South 0015'50" West, 89.94 feet; thence southwesterly along a curve concave southeasterly whose radius is 180.00 feet, whose arc length is 6.83 feet and whose chord bears South 6121'01" West, 6.83 feet; thence South 6015'50" West, 26.85 feet; thence southwesterly along a curve concave northwesterly whose radius is 180.00 feet, whose arc length is 94.25 feet and whose chord bears South 7515'50" West, 93.17 feet; thence North 8944'10" West, 70.77 feet to a point on the east line of N. Main Street, as now established; thence North 0015'50" East along said east line, 25.00 feet; thence North 8944'10" West, 40.00 feet to the true point of beginning. Said tract contains 7.75 acres (337,606 s.f.) and is subject to any and all easements of record.

C-2 Rezoning Description

All that part of the Northwest Quarter and part of the Southwest Quarter of Section 14, Township 52 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 0034'18" East along the west line of said Northwest Quarter, 128.29 feet; thence South 8917'54 East, 187.94 feet to a point on the easterly right-of-way line of U.S. Highway No. 169, as now established, said point being the true point of beginning of the tract to be herein described; thence North 0016'18" East along said easterly right-of-way line, 400.00 feet; thence North 0152'33" West along said easterly right-of-way line, 400.28 feet; thence North 0016'18" East along said easterly right-of-way line, 310.25 feet; thence South 8925'17" East, 169.63 feet; thence easterly along a curve concave northerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears North 8154'05" East, 392.25 feet; thence North 7313'28" East, 22.29 feet; thence easterly along a curve concave southerly whose radius is 1300.00 feet, whose arc length is 393.75 feet and whose chord bears North 8154'05" East, 392.25 feet; thence South 8925'17" East, 47.07 feet; thence South 0034'43" West, 380.48 feet; thence South 9000'00" West, 132.69 feet; thence South 6035'08" West, 104.90 feet; thence South 5723'01" West, 60.00 feet; thence southeasterly along a curve concave northeasterly whose radius is 1000.00 feet, whose arc length is 70.91 feet and whose chord bears South 3438'52" East, 70.90 feet; thence South 3640'45" East, 136.77 feet; thence southeasterly along a curve concave southwesterly whose radius is 500.00 feet, whose arc length is 425.69 feet and whose chord bears South 1217'20" East, 412.95 feet; thence South 7753'55" East, 50.00 feet; thence South 6917'19" East, 518.60 feet; thence South 8510'27" East, 145.42 feet; thence South 0449'33" West, 96.13 feet; thence southerly along a curve concave westerly whose radius is 1000.00 feet, whose arc length is 277.25 feet and whose chord bears South 1246'07" West, 276.37 feet; thence South 2042'41" West, 153.63 feet; thence southerly along a curve concave easterly whose radius is 1000.00 feet, whose arc length is 356.88 feet and whose chord bears South 1029'15" West, 354.99 feet; thence South 0015'50" West, 365.27 feet; thence North 8944'10" West, 172.31 feet; thence northwesterly along a curve concave northeasterly whose radius is 300.00 feet, whose arc length is 178.57 feet and whose chord bears North 7241'04" West, 175.94 feet; thence South 3422'02" West, 469.10 feet; thence South 0043'31" West, 317.55 feet to the south line of Lot 12, Countryside Acres, an official plat; thence North 8916'29" West along said south line, 804.35 feet to said easterly right-of-way line of U.S. Highway 169; thence northerly along said easterly right-of-way line and along a curve concave easterly whose radius is 672.98 feet, whose arc length is 39.00 feet and whose chord bears North 0447'04" West, 38.99 feet; thence North 0131'10" West along said easterly right-of-way line, 242.82 feet; thence North 0201'08" West along said easterly right-of-way line, 250.20 feet; thence North 0016'18" East along said easterly right-of-way line, 1050.00 feet; thence North 7025'02" East along said easterly right-of-way line, 329.55 feet to the west line of Lot 3, said Countryside Acres; thence North 0016'19" East along said west line, 37.45 feet to the south line of N.W. 124th Street, as now established; thence North 0024'04" East, 40.00 feet to the north line of said N.W. 124th Street, said point also being on said easterly right-of-way of U.S. Highway No. 169; thence North 0023'15" East along said easterly right-of-way line, 22.52 feet; thence North 7352'06" West along said easterly right-of-way line, 322.37 feet to the true point of beginning. Said tract contains 79.84 acres (3,477,965 s.f.) and is subject to any and all easements of record.

is hereby rezoned from District RA (Agricultural) to Districts R-1b (One-Family Dwellings), R-3 (Low Density, Low Apartments), R-4 (Low Apartments) and C-2 (Local Retail Business), as shown outlined on a map marked Section 80-11A0792, 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 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