COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 160513
Creating a Special Character
Overlay District to be called Independence Corridor Overlay (ICO) for the
Independence Corridor in the area generally bounded by Independence Avenue from
Forest to Ewing, Paseo from Independence to 8th Street and Prospect from
Independence to 7th Street; and removing the Independence Avenue East and West
Special Review Districts. (14678-P).
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That
Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly
known as the Zoning and Development Code, is hereby amended by enacting a new
section to be known as Section 88-20A1057, rezoning by creating a Special
Character Overlay District, to be called the Independence Corridor Overlay
(ICO), an area of approximately 156 acres generally bounded by Independence
Avenue from Forest to Ewing, Paseo from Independence to 8th Street and Prospect
from Independence to 7th Street, said section to read as follows:
Section 88-20A1057. That an area legally described as:
Independence
Boulevard/Avenue bounded by Forest on the west and Ewing to the east and one
half block north and south of Independence including complete existing parcel
depth; Paseo generally bounded by Independence Avenue on the north and E. 8th
Street to the south and one half block east and west of Paseo including
complete existing parcel depth; and Prospect generally bounded by Independence
Avenue on the north and E. 8th Street to the south and one half block east
and west of Prospect including complete existing parcel depth.
is hereby rezoned by creating a
Special Character Overlay District to be called the Independence Corridor
Overlay (ICO) (the underlying zoning on these properties will remain). This
amendment will impose design guidelines applicable to all properties within
this district, and is imposed through the rezoning process.
Section B. That the
regulations applicable to property within the Independence Corridor Overlay
District are as follows:
- Informational.
- Purpose. This overlay aims to promote design excellence
and walkability for all parcels on the Independence Corridor from Forest
Avenue on the west to Ewing Avenue on the east, and all parcels two
blocks south of Independence Boulevard on Paseo Boulevard, and two blocks
south of Independence Boulevard on Prospect Avenue (see Map).
- Applicability.
i.
The standards of this article apply to all development in the
Independence Overlay District. This document establishes the development
standards that vary from the underlying base zoning for the properties in the
Independence Overlay District. All provisions described below as regulatory in
nature have the same force and effect as, but are variations from, the
standards set forth in Chapter 88 - Zoning and Development Code.
ii.
If provisions of this overlay district are inconsistent with Chapter 88,
the provisions of this overlay district shall apply.
iii.
If provisions of this overlay district are inconsistent with a Historic
Overlay District then the provisions of the Historic Overlay District shall
apply.
iv.
MPD and UR districts are exempt from the standards of this ordinance; however,
standards in this ordinance shall be used to guide the development of standards
for MPD and UR districts.
v.
Other than as set forth below, the underlying
zoning and the regulations and standards included in the Zoning and Development
Code, Chapter 88, prescribed for the areas rezoned to this overlay district
shall remain unchanged and shall continue to apply.
1.
New Development. Full compliance with this article applies to
all new buildings constructed within this district.
2.
Enlargements and Expansions. Full compliance with this article
applies only to the enlargement or expansion area.
3.
Façade Changes. Compliance with this article applies to façade
changes to existing buildings.
4.
Change of Use or Occupancy. Compliance with use standards apply
whenever the use or occupancy of a property changes.
5.
Signage. Compliance with signage standards apply when a sign
permit is required.
vi.
The standards of this article apply to Areas A, B, and C (see Attachment
A) as noted in each standards heading.
- Definitions
i.
Front. The portion of the parcel that is adjacent to or abuts
Independence, Paseo, Prospect Ave, and parkways and boulevards.
ii.
Independence. Independence refers to the street right-of-way regardless
of its “avenue” or “boulevard” designation.
iii.
Map – See Attachment A.
iv.
Parkway and/or boulevard. Any street designated on the Major Street Plan
as a parkway, established parkway, boulevard, or established boulevard.
- Uses
Independence Use Table
|
|
U S E G R O U P
|
|
Use Category
specific use type
|
R-2.5
|
R-1.5
|
B1
|
B2
|
B3
|
B4
|
M1
|
Use-Specific
Standards
|
R E S I D E
N T I A L
|
|
|
|
|
|
|
|
|
Household Living (except
as noted below)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-110-06-C
|
Single family home
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
In single-purpose
residential building
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-350
|
Above ground floor (in
mixed-use
building)
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
88-350
|
Group Living (except as
noted below)
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-350
|
Group homes
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-350
|
Nursing home
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
88-350
|
Fraternity, sorority,
dormitory
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Convent, Monastery
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
P U B L I C / C I V I C
|
|
|
|
|
|
|
|
|
Bicycle-Sharing Facility
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-322
|
Club, Lodge, or Fraternal
Organization
|
-
|
P
|
P
|
P
|
P
|
P
|
P
|
88-365
|
College/University
|
P/S
|
P/S
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Day Care
|
|
|
|
|
|
|
|
|
Home-based (1–5)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Family (up to 10)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-330-01
|
Group(up to 20)
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
88-330-02
|
Center (21+)
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
88-330-02
|
Detention and Correctional
Facilities
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-335
|
Halfway House
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-352
|
Hospital
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
|
Library/Museum/Cultural
Exhibit
|
P/S
|
P/S
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Park/Recreation (except
as noted below)
|
P/S
|
P/S
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Community center
|
P/S
|
P/S
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Homes Association
Amenities
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
88-805-03-H.
|
Religious Assembly
|
P/S
|
P/S
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Safety Service (except
as noted below)
|
|
|
|
|
|
|
|
|
Fire station
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Police station
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Ambulance service
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
88-365
|
School
|
P/S
|
P/S
|
P
|
P
|
P
|
P
|
P
|
88-365
|
Utilities and Services (except
as noted below)
|
S
|
S
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
88-425-08-B
|
Basic, minor
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-425-08-B
|
C O M M E R
C I A L
|
|
|
|
|
|
|
|
|
Adult Business
|
|
|
|
|
|
|
|
|
Adult media store
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-310-03
|
Adult motion picture
theater
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-310-02
|
Sex shop
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-310-02
|
Animal Service
|
|
|
|
|
|
|
|
|
Sales and grooming
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
88-315
|
Shelter or boarding
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
88-315
|
Stable
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-315
|
Veterinary Office
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
88-315
|
Artist Work or Sales Space
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Building Maintenance Service
|
-
|
-
|
-
|
-
|
P
|
P
|
P
|
|
Business Equipment Sales and
Service
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
|
Business Support Service (except
as noted below)
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
|
Day labor employment
agency
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Communications Service
Establishments
|
-
|
-
|
-
|
P
|
P
|
P
|
P
|
|
Drive-Through Facility
|
-
|
-
|
-
|
S
|
S
|
S
|
S
|
88-340
|
Eating and Drinking
Establishments
(except as noted below)
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Tavern or nightclub
|
-
|
-
|
-
|
S
|
S
|
S
|
S
|
|
Smoking Lounge
|
-
|
-
|
-
|
S
|
S
|
S
|
S
|
|
Entertainment and Spectator
Sports
|
|
|
|
|
|
|
|
|
Indoor small venue (1–149
capacity)
|
-
|
-
|
S
|
P
|
P
|
P
|
P
|
|
Indoor medium venue
(150–499
capacity)
|
-
|
-
|
S
|
S
|
S
|
S
|
S
|
|
Indoor large venue (500+
capacity)
|
-
|
-
|
-
|
S
|
S
|
S
|
S
|
|
Outdoor (all sizes)
|
-
|
-
|
S
|
S
|
S
|
S
|
S
|
|
Financial Services (except
as noted below)
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Short-term loan
establishment
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Pawn shop
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Food and Beverage Retail
Sales
|
-
|
-
|
S
|
S
|
S
|
S
|
S
|
|
Funeral and Interment
Service
|
|
|
|
|
|
|
|
|
Cemetery/mausoleum
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-345
|
Columbarium
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Crematory
|
-
|
-
|
S
|
P
|
P
|
P
|
P
|
88-345
|
Undertaking
|
-
|
-
|
S
|
P
|
P
|
P
|
P
|
|
Gasoline and Fuel Sales
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Lodging
|
|
|
|
|
|
|
|
|
Bed and breakfast
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
88-320
|
Hotel/motel
|
-
|
-
|
S
|
S
|
S
|
S
|
S
|
|
Recreational vehicle park
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Neighborhood-serving retail
|
S
|
S
|
-
|
-
|
-
|
-
|
-
|
88-360
|
Office, Administrative,
Professional or General
|
-
|
S
|
P
|
P
|
P
|
P
|
P
|
|
Office, Medical (except
as noted below)
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Blood/plasma center
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Parking, Accessory
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
Parking, Non-accessory
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
S[1]
|
|
Personal Improvement Service
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Repair or Laundry Service,
Consumer
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Research Service
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Retail Sales
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Reuse of designated historic
landmark (local or national) if use is not permitted
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Sports and Recreation,
Participant
|
|
|
|
|
|
|
|
|
Indoor
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
|
Outdoor
|
-
|
-
|
S
|
S
|
S
|
S
|
S
|
|
Vehicle Sales and Service
|
|
|
|
|
|
|
|
|
Car wash/cleaning service
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Heavy equipment
sales/rental
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Light equipment
sales/rental (indoor)
|
-
|
-
|
-
|
-
|
S
|
S
|
P[2]
|
|
Light equipment
sales/rental (outdoor)
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Motor vehicle repair,
limited
|
-
|
-
|
-
|
-
|
S
|
S
|
S
|
|
Motor vehicle repair,
general
|
-
|
-
|
-
|
-
|
S
|
S
|
S
|
|
Vehicle storage/towing
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
I N D U S T R I A L
|
|
|
|
|
|
|
|
|
Junk/Salvage Yard
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-425-09
|
Manufacturing, Production
and Industrial Service
|
|
|
|
|
|
|
|
|
Artisan
|
-
|
-
|
S
|
P
|
P
|
P
|
P
|
|
>>Artisanal food
and beverage
manufacturing
|
-
|
-
|
S
|
P
|
P
|
P
|
P
|
|
>>Catering
establishment
|
-
|
-
|
S
|
P
|
P
|
P
|
P
|
|
Limited
|
-
|
-
|
-
|
-
|
-
|
S
|
S
|
|
General
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Intensive
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Mining and Quarrying
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-355
|
Outdoor Display
|
|
|
|
|
|
|
|
|
Class A
|
-
|
-
|
P
|
P
|
P
|
P
|
P
|
88-435-02
|
Class B
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-435-02
|
Outdoor Storage
|
|
|
|
|
|
|
|
|
Principal
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-435-03
|
Accessory
|
-
|
-
|
-
|
-
|
-
|
S[1]
|
S[1]
|
88-435-03
|
Recycling Service
|
|
|
|
|
|
|
|
|
Limited
|
-
|
-
|
-
|
-
|
-
|
-
|
S[1]
|
|
General
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Residential Storage
Warehouse
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Warehousing, Wholesaling,
Freight Movement
|
|
|
|
|
|
|
|
|
Indoor
|
-
|
-
|
-
|
-
|
-
|
-
|
S
|
|
Outdoor
|
-
|
-
|
-
|
-
|
-
|
-
|
|
|
Waste-Related Use
|
|
|
|
|
|
|
|
|
Composting Facility
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-328
|
Demolition debris landfill
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-380
|
Solid waste separation
facility
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-380
|
Transfer station
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-380
|
A G R
I C U L T U R E
|
|
|
|
|
|
|
|
|
Agriculture, Animal
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Agriculture, Crop
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-312
|
Agriculture, Urban
|
|
|
|
|
|
|
|
|
Home garden
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-312-02-A
|
Community garden
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-312-02-B
|
Community-supported
agriculture
(CSA) farm
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-312-02-C
|
A C C
E S S O R Y S E R V I C E S
|
|
|
|
|
|
|
|
|
Wireless Communication
Facility
|
|
|
|
|
|
|
|
|
Freestanding
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
88-385
|
Co-located antenna
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
88-385
|
- Lot and Building Standards.
Applicable
areas: Area A, Area B. Area C shall comply with the Lot and Building
Standards of Chapter 88.
- Non-Residential Lot and
Building Standards.
Non-Residential
Lot and Building Standards
|
Lot
Size
|
Refer
to underlying zoning district
|
Floor
Area Ratio
|
Refer
to underlying zoning district
|
Max.
Front Yard Setback
|
0
ft.
|
Minimum
Frontage
|
Area
A: 80 percent of total lot frontage
Area
B: 60 percent of total lot frontage
|
Max.
Street-side Setback
|
0
ft.
|
Abutting a Parkway
|
20
ft.
|
Min.
Rear Yard Setback
|
0
ft.
|
Abutting residential district
|
Refer
to underlying zoning district
|
Abutting an alley (any zoning district)
|
0
ft.
|
Maximum
Height
|
45
ft.
|
- Residential Lot and
Building Standards.
i.
Attached Houses, Two-unit Houses, Multi-unit houses, and Multi-unit
Buildings are allowed Residential Building Types. Detached Single Family
Homes are not allowed.
Residential
Buildings Lot and Building Standards
|
Lot
Size
|
Refer
to underlying zoning district
|
Floor
Area Ratio
|
Refer
to underlying zoning district
|
Max.
Front Yard Setback
|
15
ft.
|
Minimum
Frontage
|
Area
A: 80 percent of total lot frontage
Area
B: 60 percent of total lot frontage
|
Max.
Street-side Setback
|
15
ft.
|
Min.
Rear Yard Setback
|
0
ft.
|
Minimum
Height
|
2
stories
|
Maximum
Height
|
45
ft.
|
- Exceptions to Lot
& Building Standards.
i.
Buildings serving residential, public and civic, funeral and internment
uses may choose to comply with Campus-Style and Courtyard Design Guidelines
(see 2d).
ii.
Features allowed to be setback greater than the maximum allowed setback
include:
Exceptions
to the lot and building standards
|
Feature
|
Maximum
percent of façade
|
Maximum
setback
|
Changes
in façade setback from the maximum allowed setback
|
Fronting
street: 50 percent
Fronting
street side yard: 75 percent
|
5
ft.
|
Recessed
primary entrance
|
25
percent
|
5
ft.
|
Patio
(see patio standards below)
|
60
percent
|
15
ft.
|
iii.
No more than 75 percent of the front façade shall be set back more than
the maximum allowed setback.
- Campus-Style and
Courtyard Design Guidelines.
Residential
Uses, Public and Civic Uses, and Funeral and Interment Uses may use these
guidelines to create campus-style or courtyard developments:
i.
Courtyards shall be visible from the Independence and/or Paseo Blvd
right-of-way.
ii.
No more than 40 percent of the courtyard may be paved. Courtyard may not
be used for parking facilities.
iii.
A minimum of 25 percent of the principal building(s) shall meet the
maximum setback requirement.
iv.
Campus-style and courtyard developments shall be approved through a
development plan.
v.
Flexibility to the Lot and Building Standards of the Overlay District
may be granted by the City Council to accommodate this development type.
- Architectural Materials.
Applicable
areas: Area A, Area B, Area C.
- Permitted
Material. Materials identified with a “PM” are Primary Materials and
allowed on all stories of a structure.
- Permitted
Secondary Material. Materials identified with a “SM” are Secondary
Materials and allowed on the second story and above of a structure or for
the required building elements. Permitted secondary materials may be used
as an accent material on the first story and shall not encompass more
than 20 percent of the first story façade.
- Prohibited
Materials. Materials identified with an “-” are expressly
prohibited.
- Material Transition. Primary
and secondary front façade materials shall wrap at the corners a minimum
of 10 feet on the side facades.
- Determination of
Most Similar Material. When a specific material cannot be readily
classified, the city planning and development director is
authorized
to determine the most similar, thus most appropriate, material based on the
following considerations:
i.
the appearance of the material;
ii.
the durability of the material;
iii.
the method of installing the material;
iv.
the location of the material; and
v.
information provided by the International Building Code.
Allowed Architectural
Materials
|
Material
|
Façade Fronting:
|
Front and Street-side Yard
|
Side and Rear Yard
|
Brick
|
PM
|
PM
|
Stone
|
PM
|
PM
|
Cast stone
|
PM
|
PM
|
Glass
|
PM
|
PM
|
Terra cotta
|
PM
|
PM
|
Tile
|
SM
|
PM
|
Cast concrete
|
SM
|
PM
|
Pre-cast concrete
|
SM
|
PM
|
Stucco
|
SM
|
PM
|
Metal with hidden fasteners
|
SM
|
PM
|
Wood
|
SM
|
PM
|
Fiber cement siding
|
SM
|
PM
|
Fiberglass replication
|
SM
|
PM
|
Concrete masonry unit
|
-
|
PM
|
Split faced block
|
-
|
PM
|
Glass block
|
-
|
SM
|
EIFS
|
-
|
-
|
- Façade Articulation and
Composition.
Applicable
areas: Area A, Area B, Area C.
- Building
Elements. Building element standards apply to front and street-side
facades.
i.
All buildings shall include at least two of the following elements:
1.
Two or more exterior finishes
2.
Two or more changes in roof lines
3.
Changes in façade setbacks no greater than 5 feet
4.
Bay windows
5.
Canopies and/or awnings
6.
Balconies
7.
Patio
ii.
Residential buildings or residential portions of mixed-use buildings
with three or more units shall provide outdoor spaces for residents.
Residential buildings and uses shall include one or more of the following
features on the front façade:
1.
Porches- Porches are generally slightly above grade with an
ornamental rail separating the porch from adjoining grade. Porches must have a
minimum depth of 6 feet and shall span at least 50 percent of the front façade
width.
2.
Balconies - Balconies are outdoor spaces above the ground
floor. Balconies must have a guard rail enclosing the usable area. Balconies
must have a minimum depth of 4 feet and minimum length of 6 feet. A minimum of
one balcony shall be provided per 20 feet of the front façade width per story.
3.
Stoops - Stoops are unenclosed steps and landings providing
access to a primary entrance. Stoops must have ornamental metal rails and cheek
walls not exceeding 1 foot in height above the corresponding step. One stoop
is required per front façade ground level unit. A minimum of 3 stoops is required
to meet this requirement.
- Doors and
Entrances
i.
Primary entrances shall provide public access to individual shops or
businesses, lobby entrances, or to individual dwelling units from Independence,
Paseo, and Prospect. On corner lots, entrances at building corners may be used
to satisfy this requirement.
ii.
Primary entrances must be accentuated with two or more of the following
architectural features:
1.
Change in building material
2.
Tile flooring
3.
Recessed entrance (setback no greater than 5 feet) with sidelight
windows
4.
Transom windows and/or sidelight windows
5.
Porticos
6.
Canopies and/or awnings
7.
Projecting signage
8.
Decorative lighting
iii.
Residential primary entrances shall not exceed 36 inches above grade.
Non-residential primary entrances shall not exceed 12 inches above grade.
- Patios
i.
Up to 60 percent of a façade may be setback a maximum of 15 feet to
allow for a patio.
ii.
Patios may be used for Class A Outdoor Display, dining or gathering
space. Patios may not be used for outdoor storage.
iii.
Patios may be roofed with a permanent structure attached to the
principal structure. No tents or other temporary structures shall be erected
within the patio.
iv.
Patios must be enclosed with a permanent rail or wall constructed of
metal, masonry, or wood and shall be no taller than 3 feet in height.
v.
Patios are not permitted adjacent to intersections of streets identified
by the Major Street Plan (includes all four corners).
- Transparency.
Applicable
areas: Area A, Area B, Area C.
a.
At least 70 percent of the façade fronting Independence, Paseo, and
Prospect between 2 feet and 10 feet above the sidewalk must be comprised of
windows that allow clear views of indoor space or product display areas. On
corner lots, this 70 percent transparency requirement applies only along
Independence, Paseo and Prospect. The minimum transparency standard for facades
fronting streets other than Independence, Paseo, Prospect, parkways and
boulevards is 40 percent. Facades fronting parkways and boulevards other than
Independence, Paseo and Prospect shall comply with the standards set forth in
88-323 “Boulevard and Parkway Standards.”
b.
Buildings used solely for residential purposes may reduce their
transparency to 40 percent on the first story, measured between 3 ½ feet above
the finished floor and the interior ceiling.
c.
The minimum transparency for the second story and above must be 40
percent on any façade fronting a street.
d.
Display windows that do not provide views into the interior of the
building may be counted towards satisfying up to 50 percent of the minimum
ground-level transparency requirements, provided that they are internally
illuminated and are at least 3 feet in depth.
e.
For non-residential structures, the bottom of any window or product
display window used to satisfy the ground-level transparency requirements shall
not be more than 3.5 feet above the adjacent sidewalk.
f.
The bottom of any window used to satisfy transparency requirements for
stories above the ground-level shall not be more than 3.5 feet above the
interior floor.
g.
No existing building shall be altered in such a way that reduces
transparency below the required or existing amount.
h.
Internal illumination of windows, display windows and primary entrances
shall not have any effects of movement, flashing, scintillation, rolling,
dissolving, fading or similar effects.
i.
No obstructions shall be placed on the outside of the window or door,
including but not limited to bars, solid screens, signage, and shutters. Boards
may be utilized in compliance with Chapter 48 (Nuisances). Required
transparency shall not be obstructed by interior signage.
- Parking and Loading.
Applicable
areas: Area A, Area B. Area C shall comply with the Parking and Loading
Standards of Chapter 88.
In addition to
the standards of 88-420 Parking and Loading, the following standards apply in
the Independence Overlay District:
a.
Any off-street parking provided must be located behind
the building, in the side yard, within or under the building. Parking
is not allowed in the street-side yard or front yard. Off-street parking shall
be located no closer to an adjacent street than the front building line nearest
the parking. On a boulevard, parking located on the side of a building shall
be set back a minimum of 10 feet behind the front building line or 30 feet from
the right-of-way, whichever is greater.
b.
Tenant spaces for active uses, as
permitted by the subject zoning district, shall be included on the ground level
of parking garage facades fronting Independence. Spaces accommodating these
uses shall have a minimum depth of 20 ft. and shall span the entire length of
the parking garage, with the exception of drive aisles.
c.
Vehicular Access Points on the same property shall be spaced at least
100 feet apart. The number of allowed vehicular access points shall not exceed
the following table:
Allowed
Vehicular Access Points
|
Frontage
|
Allowed
Curb Cuts
|
<150
ft.
|
1
|
151-500
ft.
|
2
|
501
ft. – 1,000 ft.
|
3
|
1,001
ft. <
|
One
additional curb cut per 500 feet of frontage
|
- Screening, Fencing and Walls.
Applicable
areas: Area A, Area B, Area C.
a.
In addition to 88-425-08 Screening of Containers and Mechanical/Utility Equipment
the following standards must be met:
i.
Dumpsters and ground level mechanical/utility equipment must be located
in the rear yard or can be located in the side yard if setback 20 feet from
Independence, Paseo, and Prospect. Dumpsters and ground level
mechanical/utility equipment shall not be located in the front or street-side
setback.
ii.
Dumpsters shall be no closer to the street than the front building line.
iii.
Screening materials must be the same as the primary building materials.
iv.
Access for dumpsters and mechanical/utility equipment must be shared
with any access for required parking.
b.
Fencing and walls within the overlay district shall comply with the
following standards:
i.
No fence over 6 feet shall be erected on any lot.
ii.
On a boulevard fencing must be of steel,
iron, concrete, stone, or brick. Wood picket, stockade or chain link fencing is
not permitted, per the Boulevard and Parkway Standards in Section 88-323.
iii.
Within 20 feet of the Independence, Paseo, and Prospect right-of-way
lines:
1.
Fencing must meet or exceed 80 percent transparency.
2.
Freestanding walls shall not exceed 24 inches in height. Fencing or a
combination of fencing and a freestanding wall shall not exceed 48 inches in
height.
3.
Retaining walls shall not be terraced.
4.
Retaining walls adjacent to Independence Avenue shall not exceed 48
inches in height.
5.
Walls shall be constructed of brick, pre-cast concrete, stone or cast
stone.
6.
Chain link, vinyl, plastic, wood, and similar materials are prohibited.
7.
Retaining walls shall be topped with a decorative element designed to
discourage sitting. Decorative elements shall be included when measuring the
height of the retaining wall.
iv.
Barbed-wire, razor wire, metal sheeting and similar materials are
prohibited.
v.
The finished side of the fence or wall must face the adjacent property
or the street.
vi.
Patios shall be enclosed by a fence or wall 36 inches in height.
vii.
At a minimum, the following shall be constructed to provide screening of
vehicular use areas within 20 feet of Independence, Paseo and Prospect:
1.
A solid 12-24 inch tall masonry wall topped with a decorative metal
fence with at least 80 percent transparency and a maximum height of 24-36 inch
tall. The screening structure shall not exceed 48 inches.
2.
Posts constructed of the masonry base may extend between stretches of
the decorative metal fence as long as an overall transparency of 80 percent is
maintained.
c.
When a vehicular use area is adjacent to a public right-of-way or a
residential district, perimeter landscaping in accordance with 88-425-05 must
be provided to provide physical and visual separation. This requirement applies
only when there are no intervening buildings between the right-of-way
and the vehicular use area.
Table 6
Minimum required landscape buffer strip
|
Adjacent to an alley
|
No buffer required
|
Adjacent to public right-of-way
|
3 ft.
|
Adjacent to residential district
|
5 ft.
|
- Signage.
Applicable
areas: Area A, Area B. Area C shall comply with the Signage Standards of
Chapter 88.
- One wall sign; one awning,
canopy or marquee sign; and one projecting sign per tenant with customer
entrance are permitted, covering a maximum of 10 percent per tenant
elevation.
- Monument signs are
allowed on parcels serving residential, public/civic or funeral and
internment uses. One monument sign is permitted per street frontage.
Monument signs shall have a minimum setback of 10 feet from all property
lines. Monument signs shall not exceed 20 square feet in area and 4 feet
in height. Monument signs shall be constructed of primary materials
matching the principal building. Text shall consist of pin-mounted
channel letters or engraved text. The area surrounding the monument sign
shall be landscaped.
- Any projecting sign
mounted perpendicular to a building wall shall not exceed 12 square feet
in area; if mounted radially on a building corner, it shall not exceed 24
square feet in area. The sign shall not exceed 50 percent of its projecting
distance in thickness. Projecting signs shall not project more than 4
feet from the building face, with a minimum clearance of 8 feet. On
building corners, the sign shall not project more than 5 feet. No more
than 50 percent of a projecting sign shall project above the parapet of
the building.
- Signs may be internally or
externally illuminated.
- Wall signs shall be channel
signs.
- Incidental signs are permitted
in the district, according to the standards of 88-445-08-G.
- Hand-painted wall signs may be
located on a side or street side façade, not fronting Independence.
Hand-painted signage located on a non-street side façade shall not exceed
50 percent of the façade area and 20 percent on street side facades. Only
one hand-painted sign is allowed per façade. Facades with hand-painted
signs may not include any other signage. Hand-painted signs must receive
approval by the director of city planning and development.
- Historical wall signs,
hand-painted signs, neon signs, and projecting signs that advertise
closed or off-site businesses may remain and shall not count toward any
signage requirements if established more than 50 years from the date of
application. Historical signs may be removed and reinstalled for
restoration. Retention of historical signs must receive approval by the
director of city planning and development.
- Roof signs are allowed and
shall be channel signs. Supporting structures must consist of the fewest
number of supporting members without embellishments. Roof signs are
permitted on buildings if the top of the highest portion of the roof is
at least 30 feet above grade. The maximum horizontal dimension of a roof
sign may not exceed 50 percent of the width of the wall it most closely
parallels or 20 feet, whichever is less. The maximum height of a roof
sign and its supporting structure may not exceed 6 feet, measured from
the elevation of top of the highest parapet to the top of the sign. Roof
signs shall not be constructed of wood.
- Electronic, digital, and
motorized signs, changeable copy panels, and outdoor advertising signs
are prohibited within the district.
Section C. That
the Independence Avenue West Special Review District that was imposed as
Overlay District SR on the following described property through rezoning in
Committee Substitute for Ordinance No. 981058 is hereby removed, and said
property is hereby rezoned to no longer be subject to Overlay District SR:
Area 1 - (Lydia
Avenue to Myrtle Avenue)
Beginning at the
northeast corner, Lydia Avenue and Independence Boulevard, then north along
east line of Lydia 151 feet, then east 118 feet, then south 150 feet to north
line of Independence Boulevard, then west to the point of beginning, and all of
Lots 3 and 4, Tracy’s Subdivision, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 93 and 94,
Hurck’s Subdivision of Guinotte Bluff, a subdivision lying in Kansas City,
Jackson County, Missouri.
The south 140 feet
of a lot beginning at the intersection of the north line of Independence
Boulevard, with the east line of Highland Avenue, then north along east line to
south line of vacated Brownell Avenue, then east along south line to east line
of vacated Dykington Avenue, then south along east line to north line of
Independence Boulevard then west along north line to the point of beginning.
The southern 125
feet of Lot 20, Block 1, Dykington Place, a subdivision lying in Kansas City,
Jackson County, Missouri.
The southern 40 feet
of Lots 7 and 10, and all of Lots 8 and 9, of W. W. Kendalls 1st Addition, a subdivision
lying in Kansas City, Jackson County, Missouri.
A portion of a lot
beginning on the east line of Maple Boulevard, 631.75 feet south of the
southwest corner Lot 8, Block 2, Phelps Place, then south 100 feet, then
southeasterly along curve to left radius 35 to point 310 feet west of
intersection west line Garfield Avenue with north line Independence Avenue,
then east along said north line 125 feet, then north 135 feet, then west 160
feet to the point of beginning.
Beginning at the
northwest corner of Independence Avenue and Prospect Avenue, then north along
the west line of Prospect Avenue 167.5 feet, then west 162.5 feet, then south
to the north line of Independence Avenue then east along the north line of
Independence Avenue to the point of beginning.
Beginning northeast
corner of Prospect and Independence Boulevards, thence east 183 feet, then
north 145.5 feet, then west 184 feet, then south 145.5 feet to the point of
beginning.
Lots 1-4, inclusive,
Independence Avenue Addition, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 1-5, inclusive,
Richmond Place, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 3-5, inclusive,
Charles E. Phillips 3rd Addition, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 1-3, inclusive,
and Lots 78-81, inclusive, D. O. Smarts Addition, a subdivision lying in Kansas
City, Jackson County, Missouri.
The southern 131
feet of Lots 14 and 15, D. O. Smarts Subdivision, a subdivision lying in Kansas
City, Jackson County, Missouri.
Lots 1-5, inclusive,
Rickerts 1st Addition, a subdivision lying in Kansas City, Jackson County,
Missouri.
Lots 3-5, inclusive,
Franklin Place, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-4, inclusive,
Waters Subdivision, a subdivision lying in Kansas City, Jackson County,
Missouri.
Lots 28-36,
inclusive, East Hampton, a subdivision lying in Kansas City, Jackson County,
Missouri.
Lots 1-5, inclusive,
Block 2, Setzlers Addition, a subdivision lying in Kansas City, Jackson County,
Missouri.
Lots 1-12,
inclusive, Block 1, Bethesda Place, and Lots 37-44, inclusive, Bethesda Place
Annex, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-5, inclusive,
Montezuma Place, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-4, inclusive,
Neds Place, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-15,
inclusive, Bethsaida Springs, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 1-13,
inclusive, Block 2, Gages Addition, a subdivision lying in Kansas City, Jackson
County, Missouri.
Beginning at a point
320 feet west of the southwest corner of Monroe and Independence Avenue, then
234 feet west along south line of Independence Avenue, then south 132 feet,
then east 232 feet, then north to the point of beginning.
The north 125 feet
of Lot 1, and the north 130 feet of Lots 2-5, inclusive, Troosts 2nd Addition.
Beginning at the
southeast corner of Benton Boulevard and Independence Avenue then south 130
feet, along the east line of Benton Boulevard, then east 398 feet, then north
to south line of Independence Boulevard, then west along south line of
Independence Boulevard to the point of beginning.
Lots 2-5, inclusive,
Chick & Krulls Addition, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 1-3, inclusive,
Amanda Place, a subdivision lying in Kansas City, Jackson County, Missouri.
The northern 140
feet of Lots 4-8, inclusive, and the northern 125 feet of Lots 2 and 3 of Long
Croysdale and Vaughans Subdivision, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 1-9, inclusive,
Block A, Lots 5-9, inclusive, Block B, and Lots 5-9, inclusive, Block C, and
Lots 5-9, inclusive, Block D, Vaughn Place, a subdivision lying in Kansas City,
Jackson County, Missouri.
Beginning at the
southwest corner, Independence Boulevard and Prospect Avenue, west long the
south line of Independence Avenue 470 feet, then north 12 feet, then west along
south line of Independence Avenue 100 feet, then south 126 feet, then east 422
feet, then south 211 feet, then east 154 feet to northwest corner of Sixth
Street and Prospect Avenue, then north along west line of Prospect Avenue to
the point of beginning.
Beginning at the
southwest corner of Olive Street and Independence Boulevard, west along the
south line of Independence Boulevard 169 feet, then north 11 feet, then west
along south line of Independence Boulevard to the southeast corner of Park
Street and Independence Boulevard, then south along the east line of Park
Avenue 125 feet, then east to the west line of Olive Street, then north to the
point of beginning.
Beginning at
southwest corner of Independence Avenue and Park Avenue, then south 127.30
feet, then west to the east line of Brooklyn Avenue, then north to the south
line of Independence Avenue, then east along south line of Independence Avenue
to the point of beginning.
The northern 125
feet of Blocks 1 and 2, John Johnsons Subdivision, a subdivision lying in
Kansas City, Jackson County, Missouri.
The northern 80 feet
of Lots 1 and 2, Block 1, and all Lots 1 and 2, Block 2, Euclid Place, a
subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-4, inclusive,
Trosts 1st Addition, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 16-20,
inclusive, Lot 22, Lots 24-28, inclusive, Lots 39-43, inclusive, Lot 31, Lot
36, Lots 56 and 57, the northern 120 feet of Lots 32 and 33, and the eastern
120 feet of Lots 50-54, inclusive, Ranson Place, a subdivision lying in Kansas
City, Jackson County, Missouri.
Lots 1-4, inclusive,
and the eastern 60 feet of Lots 5-7, Askew Partition of Part of Lots
44-45-46-47-57-58-59 and 60, Ranson Place, a subdivision lying in Kansas City,
Jackson County, Missouri.
Lots 1-7, inclusive,
Neiswanger Subdivision of Part of Lots 47-48-49-55-56-57, Ranson Place, a
subdivision lying in Kansas City, Jackson County, Missouri.
Lots 47 and 48,
inclusive, Part of Lots 47 and 48, Ranson Place, a subdivision lying in Kansas
City, Jackson County, Missouri.
Area 2 - (Myrtle
Avenue to Van Brunt Boulevard)
Lots 15-18,
inclusive, Patts Fourth Addition, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 1-5, inclusive,
Beth Esda Place No. 2, a subdivision lying in Kansas City, Jackson County,
Missouri.
Lots 1 and 2, Block
1, Gladstone Heights, a subdivision lying in Kansas City, Jackson County,
Missouri.
Beginning at the
northwest corner of Spruce Avenue and Independence Avenue, then north along the
west line of Spruce Avenue 140 feet, then west 150 feet, then south to the
north line of Independence Avenue, then east along the north line of
Independence Avenue to the point of beginning.
Lots A-H, inclusive,
and Lots J-P, inclusive, Gladstone Heights Resurvey, a subdivision lying in
Kansas City, Jackson County, Missouri.
Lots 12-17,
inclusive, and Lots 234 and 235, Block 2, Lots 12-21, inclusive, Block 3, South
Abington, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-13,
inclusive, Block A, Rosenthals Resurvey of Bloomfield Addition, a subdivision
lying in Kansas City, Jackson County, Missouri.
Lots 1-6, inclusive,
and Lots 61-66, inclusive, Greenview Addition, a subdivision lying in Kansas
City, Jackson County, Missouri.
Lots 1-6, inclusive,
Stevens Addition, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-8, inclusive,
Buena Vista, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-7, inclusive,
Detroit Place, a subdivision lying in Kansas City, Jackson County, Missouri.
Lots 1-3, inclusive,
Monroe Place, a subdivision lying in Kansas City, Jackson County, Missouri.
Section D. That
the Independence Avenue East Special Review District that was imposed as
Overlay District SR on the following described property through rezoning in
Committee Substitute for Ordinance No. 981059 is hereby removed, and said
property is hereby rezoned to no longer be subject to Overlay District SR:
Area 1 - (Van Brunt Boulevard to
Topping Avenue)
Lots 10-19,
inclusive, Block 6, and Lots 12-19, Block 7, South Abington, a subdivision
lying in Kansas City, Jackson County, Missouri.
Beginning at a
point on the north line of Independence Avenue 506 feet east from the northeast
corner of Van Brunt Boulevard and Independence Avenue, then east 203 feet along
the north line of Independence Boulevard, then north 150 feet, then west 105
feet, then north 31 feet, then west 99 feet, then south to the point of
beginning.
Lots 10-13, inclusive,
Block 3, Lots 10-14, inclusive, Block 4, Dundee Park, a subdivision lying in
Kansas City, Jackson County, Missouri.
Lots 10-14,
inclusive, Block 3, and Lots 10-14, inclusive, Block 4, Laveta Place, a
subdivision lying in Kansas City, Jackson County, Missouri.
Lots 18-28,
inclusive, Block 6, Lots 18-28, inclusive, Block 7, and Lots 18-28, inclusive,
Block 8, Maplewood, a subdivision lying in Kansas City, Jackson County,
Missouri.
Lots 1-17,
inclusive, Commissioners Plat of Forest Park, a subdivision lying in Kansas
City, Jackson County, Missouri.
Beginning at the
southeast corner of Denver Avenue and Independence Avenue, then 135 feet south
along the east line of Denver Avenue, then east 50 feet, then north to the
south line of Independence Avenue, then west to the point of beginning.
Lots 1-11,
inclusive, Old Orchard, a subdivision lying in Kansas City, Jackson County,
Missouri.
The northern 135
feet of Lots 1, 5 and 6, Bloomfield Addition, a subdivision lying in Kansas
City, Jackson County, Missouri.
Lots 1-7,
inclusive, Block B, Rosenthals Resurvey of Bloomfield Addition, a subdivision
lying in Kansas City, Jackson County, Missouri.
Area 2 -
(Beacon Avenue to Winchester Avenue)
Lots 1-4,
inclusive, Continuation of Ridgeview, a subdivision lying in Kansas City,
Jackson County, Missouri.
Lots 11-35,
inclusive, Ridgeview, a subdivision lying in Kansas City, Jackson County,
Missouri.
Lots 1-12,
inclusive, Sheffield Corrected Plat of South 300 feet, a subdivision lying in
Kansas City, Jackson County, Missouri.
Lots 1-12,
inclusive, Sheffield Resurvey of Lots 13-22 of Corrected Plat, a subdivision
lying in Kansas City, Jackson County, Missouri.
Lots 23-32,
inclusive, Sheffield Corrected Plat of south 200 feet, a subdivision lying in
Kansas City, Jackson County, Missouri
Lots 4 and 5,
Block 1, Lots 1-5, inclusive, Block 2, Lots 1-5, inclusive, Block 3, Lots 1-5,
inclusive, Block 4, East Ridgeway, a subdivision lying in Kansas City, Jackson
County, Missouri.
Lots 1-5, inclusive,
Block 1, Lots 1-5, inclusive, Block 2, Lots 1-5, inclusive, Block 3, West
Ridgeway, a subdivision lying in Kansas City, Jackson County, Missouri.
Section E. 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 88, Code of Ordinances, the foregoing ordinance was duly
advertised and public hearings were held.
___________________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney
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