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Legislation #: 190100 Introduction Date: 2/7/2019
Type: Ordinance Effective Date: 2/15/2019
Sponsor: COUNCILMEMBER SHIELDS
Title: Approving a Special Character Overlay to be known as the Plaza Bowl Overlay District, which includes use and height regulations for the area generally located on the south and north sides of W. 47th Street (extending northerly to the north side of W. 46th Terrace), between Madison Avenue on the west and J.C. Nichols Parkway on the east; reducing the contingent appropriation in the amount of $10,000.00; appropriating $10,000.00 from the Unappropriated Fund Balance of the General Fund for the purpose of educating the public about the requirements of this ordinance; and recognizing this ordinance as having an accelerated effective date. (CD-CPC-2018-00159)

Legislation History
DateMinutesDescription
2/1/2019 Filed by the Clerk's office
2/7/2019 Referred to Planning, Zoning & Economic Development Committee
2/13/2019 Advance and Do Pass, Debate
2/14/2019 Councilmember Taylor (Second by Shields) Move to Advance as Substituted
2/14/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
Plaza Westport Neighborhood Association 109100.pdf Other 473K Plaza Westport Neighbordhood Association letters of support
4646 Boadway Condos.pdf Other 31K 4646 Broadway Condos letter of support
Plaza WestParkway Towers 2 109100.pdf Other 182K Petition and Letter of Approval from Parkway Towers
190100.pdf Authenticated 1403K Ordainance
For KCMO City Council 2-13-2019-2 Public Testimony.pptx Other 1489K Public Testimony Dave Kerr Presentation
PRJ - RFWG PLAZA BOWL PRESENTATION - 834878 Patricia Jensen and Jim Bowers.pptx Other 50264K * PRJ-RFWG Presentation - Patricia Jensen and Jim Bowers
Aaron March - Plaza Overlay Zoning District PPT - PZED 2-13-2019 Commerce Opp.pptx Other 13570K Commerce Bank Opposition Presentation
Plaza Bowl_PZE hearing_Draft MPAP Implementation Committee.pptx Other 5172K MPAP Implementation Committee Presentation
190100 Presentation.pptx Other 19966K City Planning Presentation
190100.pdf Authenticated 1403K Authenticated
190100 cs to org ord-com.docx Compared Version 14777K Colored Compared Version
Planning Area With Full Extent Bowl.pdf Maps 2862K maps
Bowl Overlay With Bowl.pdf Maps 1883K maps
Bowl Overlay No Bowl.pdf Maps 2200K maps
Plaza Bowl Presentation Map - With Heights per MPAP Lisa Briscoe map.pdf Maps 3789K maps
fs_CD-CPC-2018-00188.pdf Fact Sheet 575K fact sheet
docket map.pdf Maps 2210K docket map
12_CD-CPC-2018-00159_CPC_stfrpt_11_20_2018.pdf Staff Report 6715K staff report November 20, 2018
* - Attachment is too large for LiveWeb to display.

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190100

 

Approving a Special Character Overlay to be known as the Plaza Bowl Overlay District, which includes use and height regulations for the area generally located on the south and north sides of W. 47th Street (extending northerly to the north side of W. 46th Terrace), between Madison Avenue on the west and J.C. Nichols Parkway on the east; reducing the contingent appropriation in the amount of $10,000.00; appropriating $10,000.00 from the Unappropriated Fund Balance of the General Fund for the purpose of educating the public about the requirements of this ordinance; and recognizing this ordinance as having an accelerated effective date. (CD-CPC-2018-00159)

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 & Development Code, is hereby amended by approving the Special Character Overlay District, for the area generally located on the south and north sides of 47th Street (extending northerly to the north side of 46th Terrace), between Madison Avenue on the west and J.C. Nichols Parkway on the east, said section legally described as:

 

800 W 47th St Bunker Hill all of Lots 20-29 & vac alley & Lots 30 & 31 & E 1/2 of vac alley ly w of & adj & Lots 32-36 (ex w 3.64') Blk 16

 

770 W 47th St Plaza Steppes all of Lot 1

 

720 W 47th St Plaza Steppes 2nd Plat Lot 2

 

700 W 47th St Plaza Steppes 2nd Plat Lot 3

 

612-20 W 47th St Home Place prt Lot 26 daf beg at ne cor 47th & Jefferson St th n to n li sd Lot 26 th e 162.5 ft th s to n li 47th St th swly to beg

 

604 W 47th St /Church Sunday School Offices Home Place w 120 ft of e 146 ft ly n of 47th St Lot 26

 

605 W 47th St NE 1/4 SE 1/4 Sec 30 49 33 begat inters of w li Penn Ave wi s li 47th St & rng s alg w li Penn Ave 150 ft to pt th rng w at rt ang last desc course to pt of inters wi e li Jefferson St th rng n alg e li Jefferson to pt of inters wi s li of 47th St th nely alg s li 47th St to beg

 

1104 411-W 46th Ter Townsend Place Condominium Unit 1104 on Cert of Survey of Unit 1100-B filed as Docmt #K915384 in Bk S-3 at pg 48 on 3-1-1990 also 1/46% interest of common areas

 

1003 411-W 46th Ter Townsend Place Condominium Unit 1003 on Cert of Survey of Unit 1000-B filed as Docmt #K908263 in Bk S-3 at pg 44 on 12-29-1989 & 1/46% interest of common areas

 

300B 411-W 46th Ter Townsend Place Condominium Unit 303 on Cert of Survey of Unit 300-B filed as Docmt lS 9511 in Bk S-5 on pg 12 on 01-20-95

 

304 Townsend Place Condominium Unit 304 on Cert of Survey of Unit 300-B filed as Docmt lS9511 in Bk S-5 on pg 12 on 01-20-95

 

1004 411-W 46th Ter Townsend Place Condominium Unit 1004 on Cert of Survey of Unit 1000-B filed as Docmt #K908263 in Bk S-3 at pg 33 on 12-29-1989 & 1/46% interest of common areas

 

1101 411-W 46th Ter Townsend Place Condominium Unit 1101 on Cert of Survey of Unit 1100-A filed as Docmt K1081089 in Book S-4 at pg 45 on 5-21-1993 also 1/46th interest of common areas

 

702 411-W 46th Ter Townsend Place Condominium Unit 702 & 1/46% interest 

 

501 411-W 46th Ter Townsend Place Condominium Unit 501 on Cert of Survey of Unit 500-A filed as Docmt K1084523 in Bk S-7 at pg 67 on 01-04-94 also 1/45% interest of common elements

 

1102 411-W 46th Ter Townsend Place Condominium Unit 1102 on Cert of Survey of Unit 1100-A filed as Docmt K1081089 in Book S-4 at pg 45 on 5-21-1993 also 1/46th interest of common areas

 

101 411-W 46th Ter Townsend Place Condominium Unit 101 exercise room common area

 

903 411-W 46th Ter Townsend Place Condominium Unit 903 on Cert of Survey of Unit 900-B filed as Docmt K-1000668 in Bk S-3 at pg 100 on 12-10-1991 also 1/46 interest of common areas

 

1203 411-W 46th Ter Townsend Place Condominium Unit 1203 on Cert of Survey of Unit 1200-B filed as Docmt #K921098 in Bk S-3 at pg 58 on 4-17-1990 also 1/46% interest of common areas

 

704 411-W 46th Ter Townsend Place Condominium Unit 704 & 1/46% interest of common areas

 

904 411-W 46th Ter Townsend Place Condominium Unit 904 on Cert of Survey of Unit 900-B filed as Docmt K-1000668 in Bk S-3 at pg 100 on 12-10-1991 also 1/46% interest of common areas

 

201 Townsend Place Condo Unit 201 on Cert of Survey of Unit 200-A filed as Docmt K1195443 in Bk S-5 on pg 19 also 1/45 % interest of common areas

 

301 411-W 46th Ter Townsend Place Condominium Unit 301 on Cert of Survey of Unit 300-A filed as Docmt K-1036426 in Bk S-4 at pg 22 on 8-5-1992 also 1/46% interest of common areas

 

302 411-W 46th Ter Townsend Place Condominium Unit 302 on Cert of Survey of Unit 300-A filed as Docmt K-1036426 in Bk S-4 at pg 22 on 8-5-1992 also 1/46% interest of common areas

 

502 411-W 46th Ter Townsend Place Condominium Unit 502 on Cert of Survey of Unit 500-A filed as Docmt K1084523 in Bk S-4 on pg 68 on 01-04-94 also 1/45% interest of common elements

 

1103 411-W 46th Ter Townsend Place Condominium Unit 1103 on Cert of Survey of Unit 1100-B filed as Docmt #K915384 in Bk S-3 at pg 48 on 3-1-1990 also 1/46% interest of common areas

 

402 411-W 46th Ter Townsend Place Condominium Unit 402 on Cert of Survey of Unit 400-A filed as Docmt K-1081093 in Book S-4 at pg 47 on 5-21-1993 also 1/46th interest of common areas

 

701 411-W 46th Ter Townsend Place Condominium Unit 701 & 1/46% interest of common areas

 

803 411-W 46th Ter Townsend Place Condominium Unit 803 on Cert of Survey of Unit 800-B filed as Docmt #K910341 in Bk S-3 at pg 46 on 1-18-1990 also 1/46% interest of common areas

 

602 411-W 46th Ter Townsend Place Condominium Unit 602 on Cert of Survey of Unit 600-A filed as Docmt 1081091 in Book S-4 at pg 46 on 5-21-1993 also 1/46th interest of common areas

 

403 411-W 46th Ter Townsend Place Condominium Unit 403 on Cert of Survey of Unit 400-B filed as Docmt K1038009 in Book S-4 at pg 53 on 8-31-93 also 1

 

503 411-W 46th Ter Townsend Place Condominium Unit 503 on Cert of Survey of Unit 500-B filed as Docmt K-961154 in Bk S-3 at pg 83 on 3-4-1991 also 1/46% interest of common areas

 

804 411-W 46th Ter Townsend Place Condominium Unit 804 on Cert of Survey of Unit 800-B filed as Docmt #K910341 in Bk S-3 at pg 46 on 1-18-1990 also 1/46% interest of common areas

 

100 411-W 46th Ter Townsend Place Condominium Unit 100 & 1/46% interest of common areas

 

401 411-W 46th Ter Townsend Place Condominium Unit 401 on Cert of Survey of Unit 400-A filed as Docmt K-1081093 in Book S-4 at pg 47 on 5-21-1993 also 1/46th interest of common areas

 

504 411-W 46th Ter Townsend Place Condominium Unit 504 on Cert of Survey of Unit 500-B filed as Docmt K-961154 in Bk S-3 at pg 83 on 3-4-1991 also 1/46% interest of common areas

 

1001 411-W 46th Ter Townsend Place Condominium Unit 1001 on Cert of Survey of Unit 1000-A filed as Docmt K1143929 in Bk S-4 on pg 77 on 06-06-94 also 1/45% interest of common elements

 

404 411-W 46th Ter Townsend Place Condominium Unit 404 on Cert of Survey of Unit 400-B filed as Docmt 1038009 in Book S-4 at pg 53 on 8-31-1993 also 1/46th interest of common areas

 

900A 411-W 46th Ter Townsend Place Condominium Unit 900-A & 1/23% interest of common areas

 

801 411-W 46th Ter Townsend Place Condominium Unit 801 on Cert of Survey of Unit 800-A filed as Docmt K1084523 in Bk S-4 on pg 68 on 01-04-94 also 1/45% interest of common element

 

1204 411-W 46th Ter Townsend Place Condominium Unit 1204 on Cert of Survey of Unit 1200-B filed as Docmt #K921098 in Bk S-3 at pg 58 on 4-17-1990 also 1/46% interest of common areas

 

200B 411-W 46th Ter /Townsend Place Condo Unit 203 on Cert of Survey of Unit 200-B filed as Docmt K1195443 in Bk S-5 on pg 19 also 1/45 % interest of common areas

 

604 411-W 46th Ter Townsend Place Condominium Unit 604 on Cert of Survey of Unit 600-B filed as Docmt #K935460 in Bk S-3 at pg 68 on 8-2-1990 also 1/46% interest of common areas

 

601 411-W 46th Ter Townsend Place Condominium Unit 601 on Cert of Survey of Unit 600-A filed as Docmt 1081091 in Book S-4 at pg 46 on 5/21/1993 also 1/46th interest of common areas

 

Sec 30-49-33 SE 1/4 NE 1/4 Townsend Place Condominium common area

 

1201 411-W 46th Ter Townsend Place Condominium Unit 1201 on Cert of Survey of Unit 1200-A filed as Docmt K-980721 in Bk S-3 at pg 93 on 7-17-1991 also 1/46% interest of common areas

 

1202 411-W 46th Ter Townsend Place Condominium Unit 1202 on Cert of Survey of Unit 1200-A filed as Docmt K-980721 in Bk S-3 at pg 93 on 7-17-1991 also 1/46% interest of common areas

 

202 411-W 46th St/Townsend Place Condominium Unit 202 on Cert of Survey of Unit 200-A filed as Docmt K1195443 in Bk S-5 on pg 19 also 1/45 % interest of common areas

 

204 Townsend Place Condo Unit 204 on Cert of Survey of Unit 200-B filed as Docmt K1195443 in Bk S-5 on pg 19 also 1/45 % interest of common areas

 

802 411-W 46th Ter Townsend Place Condominium Unit 802 on Cert of Survey of Unit 800-A filed as Docmt K1084523 in Bk S-4 on pg 68 on 01-04-94 also 1/45% interest of common elements

 

1002 411-W 46th Ter Townsend Place Condominium Unit 1002 on Cert of Survey of Unit 1000-A filed as Docmt K1143929 in Bk S-4 on pg 77 on 06-06-94 also 1/45% interest of common elements

 

603 411-W 46th Ter Townsend Place Condominium Unit 603 on Cert of Survey of Unit 600-B filed as Docmt #K935460 in Bk S-3 at pg 68 on 8-2-1990 also 1/46% interest of common areas

 

703 411-W 46th Ter Townsend Place Condominium Unit 703 & 1/46% interest of common areas

 

411 W 46th Ter Ste 201: Townsend Place Condo Unit 201 on Cert of Survey of Unit 200-A filed as Docmt K1195443 in Bk S-5 on pg 19 also 1/45 % interest of common areas

 

4615 Broadway Wornall Park Lot 56 exc s 5 ft deeded by Ord 61597 dated 10-15-1987 to City for 46th Ter

 

330 W 46th Ter Broadway Plaza Condominiums Lot 1 Common Area

 

310 W 46th Ter Broadway Plaza Condominiums Units 101 thru 116 Units 201 thru 216 Units 301 thru 316 (all in Lot 1)

 

630 Wornall Rd Wornall Park Lots 66 & 67 also NE 1/2 vac alley ly nwly & adjsd lot

 

333 W 46th Ter the Neptune Condominiums Common Area Lot 1

 

300 W 46th Ter the Neptune Condominium Units 201-212, 214-225, 301-312, 314-325, 401-412, 414-425, 501- 512, 514-525

 

4635 Wyandotte / 120 W 47th St n 127.25 ft Lot 67 Country Club Plaza

 

18 W 47th St /Lot 68 Countryclub Plaza

 

4620 J C Nichols Pky & 210 W 46th Ter Country Club Plaza Lot 80

 

The Plaza Bowl Overlay District is outlined on a map marked Section 88-20A1186, attached hereto and made a part hereof, is hereby adopted as part of an amendment to the zoning maps constituting a part of said chapter and in accordance with Section 88-20 thereof.

 

Section B. That the regulations applicable to property within the Plaza Bowl Overlay District are as follows:

 

Plaza Bowl Overlay District

 

1.                  Background

 

Since its development nearly 100 years ago, the Plaza area has been an important internationally recognized historic area due to the unique architecture and design, mix of thriving residential, commercial, cultural and educational uses, continuous care by its property ownership, and city-wide public interest in maintaining this cultural icon.

 

The Midtown / Plaza Area Plan (MPAP) recognizes that the Country Club Plaza is a significant community asset and a regional business, residential, cultural, and educational district that requires careful consideration of permitted uses and building heights in order to strengthen and further complement the existing built environment.

 

After years of effort by property owners, residents, consultants, and staff, the revised Midtown / Plaza Area Plan was adopted in January 2016. An immediate implementation measure of The Plan was to codify the building height recommendations of the Bowl Concept in the Country Club Plaza and adjacent area.

 


Prior to the 2016 adoption of the MPAP, a similar recommendation was made in the original Plaza Urban Design & Development Plan which was adopted in 1989. The Bowl Concept emerged to protect the Plaza area. The original mixed use area, developed in the 1920’s and 30’s, included retail, office, and residential uses. Low-rise buildings formed the base or “heart” of the historic area, and higher buildings were gradually built on the hills surrounding it.

 

The original Plaza Plan and the 2016 revision both recommend continuation of this design concept, referred to as the “Bowl Concept,” through the regulation of building heights in the Plaza area. For certain properties on Main Street, building heights have been established through the Main Corridor Overlay. For properties within the Country Club Plaza, height and use regulations are established by a 2016 text amendment to the Zoning & Development Code that was enacted at the request of the previous owner of the Country Club Plaza and continues to be supported by the current owner. The Plaza Bowl Overlay Height and Use Boundary map depicts appropriate building heights for locations within the overlay.

 

2.                  Plaza Bowl Overlay

 

The Plaza Bowl Overlay focuses on the “base of the bowl” – those areas immediately adjacent to the Country Club Plaza shopping area. The Bowl Concept consists of a series of roughly concentric circles around the base of the Plaza. There are approximately 660 parcels within the boundaries of the entire Bowl Concept and around 350 owners of those parcels.

 

On March 13, 2017, the Midtown / Plaza Area Plan Implementation Committee created the Bowl Implementation Committee. City staff suggested some initial phases and provided mapping to show impacts to specific properties. After several months of study, the Committee decided to phase implementation and focus on the next concentric circle of land adjacent to the base of the bowl (the Plaza) along 47th Street. This overlay, following the 2016 text amendment and the Main Corridor Overlay is the next phase of the implementation of the MPAP for the Plaza.

 

a.                   The proposed overlay would:

 

i. Designate building heights for each parcel.

 

ii. Specify whether land uses are permitted outright, allowed with special use permit approval, or prohibited.

 

3.                   Purpose

 

The purpose of the Plaza Bowl Overlay is to establish land use regulations and limit building heights for an area generally located on the south and north sides of 47th Street (extending northerly to the north side of 46th Terrace), between Madison Avenue on the west, and J.C. Nichols Parkway on the east. These restrictions may be more prohibitive than those of the underlying zoning.

 

According to the Midtown / Plaza Area Plan, the primary goal of the plan and overlay is to:

 

Preserve the original and unique planning and urban design concepts that embody the Country Club Plaza and surrounding area. The Bowl Concept is one of the most important urban design concepts for the area which describes the conscious transition of building heights from the low-rise buildings of the Country Club Plaza to buildings of increasing height as they are placed on the surrounding hills.

 

a.                   This overlay is also intended to:

 

i.                    Maintain and promote the economic vitality of the area;

 

ii.                  Encourage preservation of the area’s rare, unique, historical and distinctive character; and,

 

iii.                Stabilize property values and reduce investment risks;

 

iv.                Establish known ground rules for development, redevelopment and infill projects that developers, the city and the community can follow and base investment decisions on; and

 

v.                  Otherwise promote the health, safety, morals, and general welfare of the city.

 

A majority of the Plaza is currently zoned for heavy commercial development, specifically B4 (Heavy Business/Commercial), which permits a wide variety of commercial and light industrial uses, some of which would not be appropriate for the area.

 

Additionally, property zoned B4 has intensifier of “-5”, which equates to no maximum height requirement, (unless dictated by the maximum floor area ratio of 6.0.) The map would establish maximum, and in some cases, minimum building heights. A zoning overlay may be more restrictive in regard to land uses and building heights than the B4-5 allowances.

 

Certain properties within the overlay are zoned UR (Urban Redevelopment), for which a specific development plan has been approved by the City Council. Until such time the UR plan is amended, or the property is rezoned to a different classification, the UR plan remains intact.

 

Other properties currently zoned R-0.5 or B-1, if redeveloped, may necessitate rezoning and submittal of a development or project plan or require special use permit approval. At that time, height restrictions of the Plaza Bowl Overlay would apply.

 

4.                  Applicability

 

Compliance with provisions of the Plaza Bowl Overlay is required as follows:

 

a.                   Regulations of the Plaza Bowl Overlay apply to all properties within the boundaries of the overlay as shown on the map. The Plaza Bowl Overlay establishes certain land use regulations and height restrictions that may vary from the underlying base zoning for the properties in the Plaza Bowl Overlay District. All provisions described below as regulatory in nature have the same force and effect as, but may be variations from, those set forth in Chapter 88, Zoning & Development Code.

 

b.                  Provisions are applicable as follows:

 

                                            i.                        New Development: Full compliance with provisions of this overlay applies to all new buildings constructed within this district.

 

                                          ii.                        Building Enlargements and Expansions: Full compliance with provisions of this overlay applies only to the enlargement or expansion area.

 

                                        iii.                        Change of Use or Occupancy: Compliance with use standards apply whenever the use or occupancy of a property changes.

 

c.                   Permits may be issued for previously approved site-specific development plans that were approved prior to the effective date of the Plaza Bowl Overlay, in accordance with the previously approved plan and without compliance to the Plaza Bowl Overlay. Compliance with use regulations shall be required.

 

d.                  In consideration of the bowl concept -- which analyzed unique features of the area including natural topography, view corridors, and the built environment -- deviation to 88-610 Nonconformities is offered. All existing structures whose heights exceed those prescribed by the Plaza Bowl Overlay as of the date of ordinance approving this overlay will be allowed to remain. For such structures, permits may be issued for replacement or reconstruction to the height existing; provided, that the envelope of the existing building shall be retained in regard to, but not limited to, building form and scale, including footprint, setbacks, and step-backs. Compliance with the use regulations of the Plaza Bowl Overlay shall be required.

 

e.                   Existing development on properties zoned UR shall comply with the approved UR development plan and shall therefore be exempt from the regulations of this document. However, if property is rezoned or an amendment to an approved development plan is required, regulations of this document shall be met.

 

f.                   Pursuant to Chapter 88, Code of Ordinances, 88-517 Development Plan Review and Approval, the City Council may approve deviations to the height limitations set forth by this overlay, in conjunction with an approved development plan, if the proposed use is consistent with the zoning of the property. Any deviations from the height restrictions shall be specifically called out as deviations and described on the development plan and will not be considered to be approved unless so stated.

 

g.                  Other than as set forth by this overlay, the underlying zoning and the regulations and standards included in Chapter 88, Zoning & Development Code, prescribed for the areas rezoned to this overlay district shall remain unchanged and shall continue to apply. 

 

h.                  Unless otherwise allowed by this section, provisions of Chapter 88, Code of Ordinances, 88-610, Nonconformities, are applicable.

 

i.                    If provisions of this overlay district are inconsistent with Chapter 88, the provisions of this overlay district shall apply.

 

5.                  Governance

 

This overlay district is a Special Character Overlay (SC/O) which is outlined in Section 88-205 of Chapter 88, Code of Ordinances. The establishment of the overlay district is in accordance with the text amendment procedures of 88-510 (to establish the applicable regulations) and the zoning map amendment procedures 88-515 (to establish the district on the zoning map).

 

This commitment to protecting the Plaza area and guiding new development is supported by the community as well as Chapter 88, Code of Ordinances. Section 88-205-01, states: “Overlay districts are for areas of the city that have unique qualities requiring special treatment or locations where special approaches to development may be warranted. They are established as a means of addressing specific aspects of land use control or development design that transcend base zoning district provisions.”

 

The Zoning & Development Code at Section 88-610-05 - Nonconforming Structures dictates when reconstruction (possibly to a height in excess of that permitted by the overlay) may occur due accidental damage or destruction.

 

6.                  Plaza Bowl Overlay Uses

Uses regulated by the Plaza Bowl Overlay are shown in the following table, which will replace the use table for properties within this district.

 

In order to promote activity at street level, the intent is to encourage development of uses such as retail, restaurant, and similar uses on the ground floor of buildings. These uses typically have points of ingress/egress, transparent storefronts and display windows, outdoor dining establishments, and other uses that encourage activity. These uses will be permitted outright.

 

Other uses, such as residential, office, and entertainment venues, are not typically active on the ground floors or, due to their nature, require blank walls without fenestration. These uses will require special use permit for some ground level functions. This will allow staff to review proposed design for points of ingress/egress, transparency (windows), interest in façade (to ensure pleasurable pedestrian experience/non-monotonous building wall), etc. Other uses will require special use permit approval due to their nature and effect on adjoining properties.

 

Finally, certain uses that are not appropriate will be prohibited.

 

a.                   PLAZA BOWL OVERLAY USE TABLE

Uses are allowed within the Plaza Bowl Overlay in accordance with Table 120-1, below.

 

b.                  USE CLASSIFICATION SYSTEM

Chapter 88, Code of Ordinances, classifies uses into "use groups," "use categories," and "specific use types." These are described and defined in Section 88-805. The first column lists the groups, categories, and types allowed.

 

c.                   PERMITTED USES

Uses identified with a "P" are permitted as-of-right in the subject zoning district, subject to compliance with any use standards identified in the final column of the table and all other applicable standards of Chapter 88, Code of Ordinances.

 

d.                  SPECIAL USES

Uses identified with an "SUP" may be allowed if reviewed and approved in accordance with any special use permit procedures of   Chapter 88, Code of Ordinances, Section 88-525. Special uses are subject to compliance with the use standards identified in the final column of the table and all other applicable standards of Chapter 88, Code of Ordinances.

 

e.                   PROHIBITED USES

Uses not listed in the table and those identified with a "-" are expressly prohibited.

 

f.                   USE STANDARDS

The "use standards" column identifies use-specific standards that apply to some uses. Compliance with such standards is required regardless of whether the use is permitted as-of-right or requires approval by a special use permit.

 

Plaza Bowl Overlay Use Table

 

 

 

 

 

 

 

 

 

 

U S E G R O U P

 

 

 

 

 

 

Use Category
specific use type

 

 

 

 

 

 

 

Use-Specific Standard

 

 

R E S I D E N T I A L

 

 

 

 

 

 

 

 

Single Family Dwelling

 

 

 

 

 

Prohibited

 

 

In single-purpose residential building

 

 

 

 

 

Permitted

88-323

 

In mixed-use building

 

 

 

 

 

Permitted

 

 

Group Living

 

 

 

 

 

SUP

 

 

P U B L I C / C I V I C

 

 

 

 

 

 

 

 

Bicycle-Sharing Facility

 

 

 

 

 

Permitted

88-322

 

Club, Lodge, or Fraternal Organization

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

88-365

 

College/University

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

88-365

 

Day Care

 

 

 

 

 

 

 

 

Home-based (1–5)

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

 

 

Family (up to 10)

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

88-330-01

 

Group(up to 20)

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

88-330-02

 

Center (21+)

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

88-330-02

 

Hospital

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

 

 

Library/Museum/Cultural Exhibit

 

 

 

 

 

Permitted

88-365

 

Park/Recreation

 

 

 

 

 

Permitted

 

 

Religious Assembly

 

 

 

 

 

Permitted

88-365

 

Fire station

 

 

 

 

 

Prohibited

 

 

Police station

 

 

 

 

 

Permitted

88-365

 

Ambulance service

 

 

 

 

 

Prohibited

 

 

School

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

88-365

 

Utilities and Services (except as noted below)

 

 

 

 

 

SUP

 

 

Basic, minor

 

 

 

 

 

Permitted

88-425-08-B

 


C O M M E R C I A L

 

 

 

 

 

 

 

 

Adult Business

 

 

 

 

 

 

 

 

Adult media store

 

 

 

 

 

Prohibited

 

 

Adult motion picture theater

 

 

 

 

 

Prohibited

 

 

Sex shop

 

 

 

 

 

Prohibited

 

 

Animal Service

 

 

 

 

 

 

 

 

Sales and grooming

 

 

 

 

 

Permitted

88-315

 

Shelter or boarding

 

 

 

 

 

Prohibited

 

 

Stable

 

 

 

 

 

Prohibited

 

 

Veterinary Office

 

 

 

 

 

Permitted

88-315

 

Artist Work or Sales Space

 

 

 

 

 

Permitted

 

 

Building Maintenance Service

 

 

 

 

 

SUP

 

 

Business Equipment Sales and Service

 

 

 

 

 

Permitted

 

 

Business Support Service(except as noted below)

 

 

 

 

 

Permitted

 

 

Day labor employment agency

 

 

 

 

 

Prohibited

 

 

Communications Service Establishments

 

 

 

 

 

Permitted

 

 

Drive-Through Facility

 

 

 

 

 

Permitted

88-338 &

88-340

 

Eating and Drinking Establishments (except as noted below)

 

 

 

 

 

Permitted

 

 

Tavern or nightclub

 

 

 

 

 

Permitted

 

 

Entertainment and Spectator Sports

 

 

 

 

 

 

 

 

Indoor small venue (1–149 capacity)

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

 

 

Indoor medium venue (150–499 capacity)

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

 

 

Indoor large venue (500+ capacity)

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

 

 

Outdoor (all sizes)

 

 

 

 

 

SUP

 

 

Financial Services (except as noted below)

 

 

 

 

 

Permitted

 

 

Pawn shop

 

 

 

 

 

Prohibited

 

 

Short-term loan establishment

 

 

 

 

 

Prohibited

 

 

Food and Beverage Retail Sales

 

 

 

 

 

Permitted

 

 

Funeral and Interment Service

 

 

 

 

 

 

 

 

Cemetery/columbarium/mausoleum

 

 

 

 

 

Prohibited

 

 

Cremating

 

 

 

 

 

Prohibited

 

 

Undertaking

 

 

 

 

 

Prohibited

 

 

Gasoline and Fuel Sales

 

 

 

 

 

SUP

 

 

Lodging

 

 

 

 

 

 

 

 

Bed and breakfast

 

 

 

 

 

SUP on Ground Floor

Permitted Above Ground Floor

88-320

 

Hotel/motel

 

 

 

 

 

Permitted

 

 

Recreational vehicle park

 

 

 

 

 

Prohibited

 

 

Mobile Vendor Park

 

 

 

 

 

Prohibited

 

 

Office, Administrative, Professional or General

 

 

 

 

 

Permitted

 

 

Office, Medical

 

 

 

 

 

Permitted

 

 

Blood/plasma center

 

 

 

 

 

SUP

 

 

Parking, Accessory

 

 

 

 

 

Permitted

88-323

 

Parking, Non-accessory

 

 

 

 

 

Permitted

 

 

Personal Improvement Service

 

 

 

 

 

Permitted

 

 

Repair or Laundry Service, Consumer

 

 

 

 

 

Permitted

 

 

Research Service

 

 

 

 

 

Permitted

 

 

Retail Sales

 

 

 

 

 

Permitted

 

 

Reuse of designated historic landmark (local or national)

 

 

 

 

 

Permitted/
SUP

 

 

Sports and Recreation, Participant

 

 

 

 

 

 

 

 

Indoor

 

 

 

 

 

Permitted

 

 

Outdoor

 

 

 

 

 

Permitted

 

 

Vehicle Sales and Service

 

Car wash/cleaning service

 

 

 

 

 

Permitted if within a parking structure, otherwise SUP

 

 

Heavy equipment sales/rental

 

 

 

 

 

Prohibited

 

 

Light equipment sales/rental (indoor)

 

 

 

 

 

Permitted

 

 

Light equipment sales/rental (outdoor)

 

 

 

 

 

Permitted if within a parking structure, otherwise SUP

 

 

Motor vehicle repair, limited

 

 

 

 

 

SUP

 

 

Motor vehicle repair, general

 

 

 

 

 

SUP

 

 

Vehicle storage/towing

 

 

 

 

 

Prohibited

 

 

I N D U S T R I A L

 

 

 

 

 

 

 

 

Manufacturing, Production and Industrial Service

 

 

 

 

 

 

 

 

Artisan

 

 

 

 

 

Permitted

 

 

Artisanal Food and Beverage Manufacturing

 

 

 

 

 

Permitted

 

 

Catering Establishments

 

 

 

 

 

Permitted

 

 

Limited

 

 

 

 

 

Prohibited

 

 

General

 

 

 

 

 

Prohibited

 

 

Intensive

 

 

 

 

 

Prohibited

 

 

Outdoor Display

 

 

 

 

 

 

 

 

Class A

 

 

 

 

 

Permitted

88-435-02

 

Class B

 

 

 

 

 

Prohibited

 

 

Outdoor Storage

 

 

 

 

 

 

 

 

Principal

 

 

 

 

 

Prohibited

 

 

Accessory

 

 

 

 

 

Prohibited

 

 

Recycling Service

 

 

 

 

 

 

 

 

Limited

 

 

 

 

 

Prohibited

 

 

Residential Storage Warehouse

 

 

 

 

 

Prohibited

 

 

Warehousing, Wholesaling, Freight Movement

 

 

 

 

 

 

 

 

Indoor

 

 

 

 

 

Prohibited

 

 

Outdoor

 

 

 

 

 

Prohibited

 

 

A G R I C U L T U R E

 

 

 

 

 

 

 

 

Agriculture, Animal

 

 

 

 

 

Prohibited

 

 

Agriculture, Crop

 

 

 

 

 

Prohibited

 

 

Agriculture, Urban

 

 

 

 

 

 

 

 

Home garden

 

 

 

 

 

Permitted

88-312-02

 

Community garden

 

 

 

 

 

Prohibited

 

 

Community-supported agriculture (CSA) farm

 

 

 

 

 

Prohibited

 

 

A C C E S S O R Y S E R V I C E S

 

 

 

 

 

 

 

 

Wireless Communication Facility

 

 

 

 

 

 

 

 

Freestanding

 

 

 

 

 

Prohibited

 

 

Co-located antenna

 

 

 

 

 

SUP

88-385

 

 

Plaza Bowl Overlay Height Restrictions

For buildings located within the Plaza Bowl Overlay, building heights shall be limited to the heights and stories as shown on the Plaza Bowl Overlay maps attached herein.

 

 

 

 

 

 

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 Chapter 88, Code of Ordinances have been given and had.

 

Section D. That the appropriation in the following account of the General Fund is hereby reduced by the following amount:

 

19-1000-179990-B Contingent Appropriation $10,000.00

 

Section E. That the sum of $10,000.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund to the following account, for the purpose of educating the public about the requirements of this ordinance:

 

19-1000-642500-B-619080 Development Services $10,000.00

 

Section F. This ordinance, relating to the appropriation of money, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(C) of the City Charter and shall take effect in accordance with that section.

 

_____________________________________________

 


 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

__________________________________

Randall J. Landes

Director of Finance

 

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:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney