ORDINANCE NO. 030327

Amending Chapter 80, Code of Ordinances, by adding a new section to be known as Section 80-11A0474, rezoning an area of approximately 35 acres generally bounded by Washington Street, Broadway Avenue and Pennsylvania Avenue on the west, J.C. Nichols Parkway on the east, 45th Street on the south and 42nd Street on the north from Districts R-2b (Two-Family Dwellings), R-4 (Low Apartments), R-5 (High Apartments), R-5-p (High Apartments-Limited District), PD/R-5 (Planned District/High Apartments), C-1 (Neighborhood Retail Business), C-3a2 (Intermediate Business, High Buildings) and M-1 (Light Industry) to District R-5 (High Apartments). (4949-P-14)

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 80-11A0474, rezoning an area of approximately 35 acres generally bounded by Washington Street, Broadway Avenue and Pennsylvania Avenue on the west, J.C. Nichols Parkway on the east, 45th Street on the south and 42nd Street on the north from Districts R-2b (Two-Family Dwellings), R-4 (Low Apartments), R-5 (High Apartments), R-5-p (High Apartments-Limited District), PD/R-5 (Planned District/High Apartments), C-1 (Neighborhood Retail Business), C-3a2 (Intermediate Business, High Buildings) and M-1 (Light Industry) to District R-5 (High Apartments), said section to read as follows:

Section 80-11A0474. That an area legally described as:

All that part of the Southwest Quarter of Section 19, Southeast Quarter of Section 20, Northeast Quarter of Section 29 and Northwest Quarter of Section 30, all being in Township 49, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows: Beginning at a point on the southerly line of the Southwest Quarter of said Section 19 at the point of intersection of said southerly line with the centerline of Washington Street, as now established; thence north along the centerline of said Washington Street to a point of intersection with the westerly extension of the northerly line of vacated 42nd Street, being also the westerly extension of the southerly line of Lot 5, Edmund Prices Addition to the Town of Westport, a subdivision in said City, County and State, according to the recorded plat thereof; thence easterly along said westerly extension, to the southwest corner of said Lot 5, being also a point on the westerly line of vacated Washington Street; thence north along the westerly line of said Lot 5 and along the easterly line of said vacated Washington Street, a distance of 98.80 feet; thence northeasterly along a straight line, deflecting 40E22'30" to the right from the last described course, to a point on the southwesterly right-of-way line of the Kansas City Area Transit Authority railroad right-of-way; thence southeasterly along the several courses and distances which comprise the southwesterly right-of-way line of said railroad, to a point of intersection with the westerly right-of-way line of J. C. Nichols Parkway, as now established; thence south along said westerly right-of-way line to the point of intersection with the southerly line of said Section 20, being also a point on the northerly line of said Section 29 and an angle point in the westerly right-of-way line of said J.C. Nichols Parkway; thence continuing south along said westerly right-of-way line to the point of intersection with the south line of the north 63 feet of Lot 16, Southmoreland Plat No. 2, a subdivision in said City, County and State, according to the recorded plat thereof; thence westerly along the south line of the north 63 feet of said Lot 16 to a point 135 feet east of the west line of said Lot 16, as measured perpendicular thereto; thence southerly along a line 135 feet west of and parallel with

the westerly line of said Lot 16 to a point on the northerly line of Lot 4, Pearses 2nd Addition, a subdivision in said City, County and State, according to the recorded plat thereof; thence westerly along the northerly line of said Lot 4, a distance of 0.59 feet, more or less to the northwest corner of said Lot 4, being also the northeast corner of Lot 1, of said Pearses 2nd Addition; thence southerly along the easterly line of Lots 1, 2 and 3 of said Pearses 2nd Addition to the southeast corner of said Lot 3, being also a point on the northerly right-of-way line of 45th Street Way, as now established; thence southerly, perpendicular to the northerly right-of-way line of said 45th Street Way, a distance of 5.5 feet, more or less, to the centerline thereof; thence westerly along the centerline of said 45th Street Way to a point on the centerline of Wornall Road, as now established; thence northerly along the centerline of said Wornall Road to the point of intersection with centerline of 45th Street, as now established; thence westerly along the centerline of said 45th Street to a point of intersection with the westerly line of said Section 29, being also a point on the easterly line of said Section 30 and the centerline of Broadway, as now established; thence northerly and northwesterly along the several courses and distances which comprise the centerline of said Broadway and Broadway Crossover, to the centerline of said Washington Street; thence northerly along centerline of said Washington Street to the point of intersection with the centerline of 43rd Terrace, as now established; thence westerly along the centerline of said 43rd Terrace to the point of intersection with the centerline of Pennsylvania Avenue as now established; thence northerly along the centerline of said Pennsylvania Avenue to the point of intersection with the northerly line of said Section 30, being also a point on the southerly line of said Section 19; thence easterly along the northerly line of said Section 30 and along the southerly line of said Section 19 to the point of intersection with the northerly extension of the west line of the east half of Lot 9, Pates Addition to Westport, a subdivision in said City, County and State, according to the recorded plat thereof; thence southerly along the northerly extension of the west line of the east half of said Lot 9 and along the west line of the east half of said Lot 9 to a point on the south line of the north 85 feet of said Lot 9; thence easterly along a line 85 feet south of and parallel with the north line of said Lot 9 and 85 feet south of and parallel with the north line of Lot 8 of said Pates Addition to Westport, to a point on the east line of said Lot 8; thence northerly along the east line of said Lot 8 and its northerly extension to the point of intersection with the northerly line of said Section 30, being also a point on the southerly line of said Section 19; thence easterly along the northerly line of said Section 30 and along the southerly line of said Section 19 to the point of beginning. Containing 35 acres, more or less.

is hereby rezoned from Districts R-2b (Two-Family Dwellings), R-4 (Low Apartments), R-5 (High Apartments), R-5-p (High Apartments-Limited District), PD/R-5 (Planned District/High Apartments), C-1 (Neighborhood Retail Business), C-3a2 (Intermediate Business, High Buildings) and M-1 (Light Industry) to District R-5 (High Apartments), all as shown outlined on a map marked Section 80-11A0474, 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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Assistant City Attorney