COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 021296

Approving an amendment to a previously approved preliminary plan in District PD/R-5, C-2 (Planned District/High Apartments, Local Retail Business) on approximately a 40.3 acre tract of land generally bounded by Rockhill Road and Holmes Road on the west, Troost Avenue on the east, 65th Street on the north and 68th Street on the south for the purpose of deleting an approximately 3.9 acre tract of land from said preliminary plan. (8889-PD-14)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That an amendment to a previously approved preliminary plan in District PD/R-5, C-2 (Planned District/High Apartments, Local Retail Business) on approximately a 40.3 acre tract of land generally bounded by Rockhill Road and Holmes Road on the west, Troost Avenue on the east, 65th Street on the north and 68th Street on the south, and more specifically described as follows:

Tract A and Tract B, Baptist Medical Center, Second Plat, a subdivision in Kansas City, Jackson County, Missouri; also all of Lots 1 through 12, both inclusive, and all of Lots 28 through 44, both inclusive, Holmes Hill, a subdivision in Kansas City, Jackson County, Missouri; together with all of vacated Charlotte Street lying east and adjacent to said Lots 35 through 44, both inclusive; also all of vacated 67th Street lying south of and adjacent to said Tract B.

for the purpose of deleting therefrom an approximately 3.9 acre tract of land, more specifically described as follows:

A portion of Lot 2, Baptist Medical Center - Third Plat, a subdivision in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof. Beginning at the most east southeast corner of said Lot 2, being a point on the northerly right of way line of 68th Street, as now established, 30 feet north of the centerline of said 68th Street; thence southwesterly and westerly along the southerly line of said Lot 2 and along the northerly right of way line of said 68th Street the following courses and distances; thence southwesterly along a curve to the left, having an initial tangent bearing of South 54E45'44" West, a radius of 155.00 feet and a central angle of 33E08'01" (33E08'32", Plat), an arc length of 89.64 feet (89.66 feet, Plat); thence South 21E37'43" West (South 21E35'31" West, Plat), tangent to the last described curve, a distance of 35.73 feet; thence southwesterly and westerly along a curve to the right, tangent to the last described course, having a radius of 95.00 feet and a central angle of 71E37'32", an arc length of 118.76 feet; thence North 86E44'45" West (North 86E46'57" West, Plat), tangent to the last described curve, a distance of 449.64 feet (449.57 feet, Plat); thence westerly, northwesterly and northerly along a curve to the right, tangent to the last described course and no longer along the northerly right of way line of said 68th Street, having a radius of 25.00 feet and a central angle of 898E06'22" (89E05'00", Plat), an arc length of 38.88 feet (38.87 feet, Plat) to a point on the easterly right of way line of Holmes Road, as now established,

being also a point on the westerly line of said Lot 2; thence North 02E21'37" East (north 02E18'03" East, Plat) along said easterly and westerly lines, tangent to the last described curve, a distance of 343.39 feet; thence South 87E38'23" East, perpendicular to the last described course, a distance of 122.20 feet; thence South 02E35'18" West, 106.40 feet; thence South 87E24'42" East, a distance of 507.09 feet to a point on the east line of said Lot 2; thence south 02E20'28" West (South 02E16'54" West, Plat), along the east line of said Lot 2, a distance of 97.96 feet to the point of beginning. Containing 169,991 square feet or 3.903 acres, more or less.

so that the remaining tract of land of approximately 36.4 acres, more specifically described as follows:

All of Tract A and Tract B as shown on the recorded plat of Baptist Medical Center, Second Plat, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, together with all of Tract A and Lot 1 and a portion of Lot 2, as shown on the recorded plat of Baptist Medical Center - Third Plat, a subdivision in said city, county and state, all being situated in the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 48 North, Range 33 West, and the Northeast 1/4 of the Northeast 1/4 of Section 8, Township 48 North, Range 33 West, except that portion of said Lot 2 more particularly described as follows:

A portion of Lot 2, Baptist Medical Center - Third Plat, a subdivision in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof. Beginning at the most east southeast corner of said Lot 2, being a point on the northerly right of way line of 68th Street, as now established, 30 feet north of the centerline of said 68th Street; thence southwesterly and westerly along the southerly line of said Lot 2 and along the northerly right of way line of said 68th Street the following courses and distances; thence southwesterly along a curve to the left, having an initial tangent bearing of South 54E45'44" West, a radius of 155.00 feet and a central angle of 33E08'01" (33E08'32", Plat), an arc length of 89.64 feet (89.66 feet, Plat); thence South 21E37'43" West (South 21E35'31" West, Plat), tangent to the last described curve, a distance of 35.73 feet; thence southwesterly and westerly along a curve to the right, tangent to the last described course, having a radius of 95.00 feet and a central angle of 71E37'32", an arc length of 118.76 feet; thence North 86E44'45" West (North 86E46'57" West, Plat), tangent to the last described curve, a distance of 449.64 feet (449.57 feet, Plat); thence westerly, northwesterly and northerly along a curve to the right, tangent to the last described course and no longer along the northerly right of way line of said 68th Street, having a radius of 25.00 feet and a central angle of 89E06'22" (89E05'00", Plat), an arc length of 38.88 feet (38.87 feet, Plat) to a point on the easterly right of way line of Holmes Road, as now established, being also a point on the westerly line of said Lot 2; thence North 02E21'37" East (North 02E18'03" East, Plat) along said easterly and westerly lines, tangent to the last described curve, a distance of 343.39 feet; thence South 87E38'23" East, perpendicular to the last described course, a distance of 122.20 feet; thence South 02E35'18" West, 106.40 feet; thence South 87E24'42" East, a distance of 507.09 feet to a point on the east line of said Lot 2; thence South 02E20'28" West (South 02E16'54" West, Plat), along the east line of said Lot 2, a distance of 97.96 feet to the point of beginning. Containing 169,991 square feet or 3.903 acres, more or less.

is hereby approved, subject to the following conditions:

1. That the developer enter into an agreement with the City whereby the developer agrees to the installation of traffic signals at the developers expense on Holmes Road at the parking lot entrance at a time acceptable to the City and the developer.

2. That the developer secure the approval of the Board of Zoning Adjustment for a parking setback variance.

A copy of said amendment is on file in the office of the City Clerk under Document No. 021296, which is attached hereto and made a part hereof.

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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Assistant City Attorney