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Legislation #: 910043 Introduction Date: 1/10/1991
Type: Ordinance Effective Date: 5/5/1991
Sponsor: COUNCILMEMBER COFRAN AND COUNCILMEMBER SHIELDS
Title: Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance by adding a new section to be known as Section 39.107, District OM (Office - Medium Intensity).

Legislation History
DateMinutesDescription
1/9/1991

Prepare to Introduce

1/10/1991

Referred Plans And Zoning Committee

1/16/1991

Referred To Department City Plan Commission

3/15/1991

Advertise

4/3/1991

Do Pass

4/4/1991

Assigned to Third Read Calendar

4/11/1991

Re-Referred Plans And Zoning Committee

4/17/1991

Do Pass as a Committee Substitute

4/18/1991

Assigned to Third Read Calendar

4/25/1991

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910043

 

Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance by adding a new section to be known as Section 39.107, District OM (Office - Medium Intensity).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 39, Code of General Ordinances, commonly known as the Zoning Ordinance is hereby amended to add a new section to read as follows:

 

 

Section 39.107. District OM (Office - Medium Intensity).

 

I. Purpose. District OM is hereby created to accommodate office development within areas of the City which are currently developed as, or proposed for, medium intensity commercial, office or mixed use development. District OM provides and encourages flexibility within the boundaries of the district to allow for integrated development.

 

II. General Conditions.

 

A. A District OM shall be limited to any tract of land one (1) acre or larger, provided that the minimum tract size shall be two (2) acres if adjacent to District R-1, R-2 or R-3. Further, the length of such tract shall not exceed three times the tract width.

 

B. District OM shall abut on a major thoroughfare or a collector street provided the City Council upon recommendation of the City Plan Commission shall determine that the collector street is adequate to carry the additional traffic.

 

C. Any application for District OM shall be accompanied by a preliminary plan with the following information provided and enumerated:

 

1. A site plan drawn at a scale of one inch equals 100

feet or larger, showing approximate north arrow and scale;

 

2. Existing property lines with dimensions of the

proposed project;

 

3. Existing rights-of-way and easements with

dimensions;

 

4. General location and width of all proposed streets

and public rights-of-way, such as alleys, pedestrian ways and easements (location to be shown on drawing) with dimensions;

 

5. Existing contours with a solid line and proposed

contours with a dashed line; contours shall have a maximum vertical interval of two (2) feet;

 

6. The proposed stages or phases of the construction

schedule of all land development and improvements within the tract to be zoned (location to be shown on drawing);

 

7. Gross floor area of buildings or indication of the

proposed criteria with maximums;

 

8. The proposed height of buildings in number of

stories and feet above grade and the proposed elevation of the first floor;

 

9. Proposed building layout with dimensions;

 

10. The proposed use of buildings, including any

accessory uses;

 

11. Location and amount of parking and loading, based

upon the requirements set forth in IV.D hereof; and the measure used to determine required parking such as proposed net density, gross floor area, number of employees or doctors, or any other applicable unit of measure, including maximums (if specifics have not yet been determined), in tabular form for each phase and for the project as a total;

 

12. Entrances and exits from streets, or indication of

the criteria for entrance and exit placement;

 

13. Location, type, and size of signs, or indication of

the criteria for location, type, and size of signs;

 

Said plan shall be binding. Failure to comply with the provisions thereof shall be a violation of the Zoning Ordinance.

 

 

III. Final Plan.

 

A. Prior to the issuance of a building permit for all

or any part of a District O, there shall be submitted a final plan for review and approval by the City Plan Commission and this final plan shall be the basis for the issuance of any building permit.

 

B. Every final plan shall provide all the information

required of a preliminary plan and shall further include a grading and landscape planting plan and a signage plan.

 

C. The City Plan Commission shall review the final plan

and determine if the final plan is in compliance with the preliminary plan in accordance with the rules and regulations of the City Plan Commission; provided, no final plan shall be approved by the Commission which increases the height or square footage of any building.

 

D. If the City Plan Commission determines that the

final plan is in compliance with the preliminary plan, the Commission shall approve the final plan and so advise the Codes Administrator.

 

E. If the City Plan Commission determines that the

final plan is not in substantial compliance with the preliminary plan, the applicant may elect to:

 

1. File an amendment to the preliminary plan; or

 

2. Appeal the decision to the Codes Administrator.

 

F. Any hearing or consideration as provided above shall

not require public or mailed notice as provided in Sections 39.330 and 39.335 of this Chapter.

 

 

IV. Specific Requirements.

 

A. Principal uses allowed in District. In District OM, no building or land shall be used and no building shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the following, and shall meet the requirements as to land use, building bulk, height, yard, and area, off-street parking and loading, signs and other accessory uses as hereinafter provided, except as otherwise authorized by Sections 39.230 and 39.250:

 

1. Offices for medical, dental, and health examination

diagnosis and treatment of persons as out-patients, who remain at the facilities no more than twelve (12) consecutive hours, including laboratories incidental thereto.

 

2. Offices for the conduct of business or professional

activities including offices of lawyers, architects, real estate salespersons and brokers, land use planners and insurance representatives providing services to the general public and similar business and professional activities.

 

3. Offices for the administrative functions of com-

panies, organizations and foundations, provided the offices provide no retail trade for the general public.

 

4. Services generally conducted for business clients

rather than individual consumers; such services include the following: commercial art, advertising and public relations management and business consultants, marketing research, telephone solicitation and answering service, collection agencies, commercial photography, court reporters, public stenographers, and similar services.

 

B. Accessory uses permitted in the district.

 

1. Accessory uses (other than parking garages) shall be

permitted only if:

 

a. Such uses are maintained entirely within the

principal building;

 

b. Such uses provide for health, education,

comfort, and convenience of occupants, employees, clients

and patients;

 

c. Entrances to such uses are only from within the

principal building;

 

d. There are no drive-in facilities.

 

2. Parking garages are permitted as an accessory use in

District OM subject to the bulk, height and yard requirements herein.

 

3. Signs for office buildings.

 

a. Flat wall signs. Two (2) flat wall signs or

nameplate giving the name of the buildings, or if a

single occupant, the occupant's name and the name of the

principal product or service, shall be permitted on two

faces of each building. The total square foot area of

all signs on a single face shall not exceed five percent

(5%) of the total square foot of such face. In multiple-

story buildings, the total height of the face shall not

exceed twenty (20) feet for computation purposes.

Provided, however, that on either of the two faces on

which signs may be erected, at least one sign not more

than twenty (20) square feet shall be allowed. Flat wall

signs shall be permanently attached to the building and

parallel to its surface, and extending no more than six

(6) inches therefrom. The sign shall not extend above

the main roof level. Flat wall signs may be either

internally or externally illuminated.

 

b. Directional ground signs. Directional ground

signs, not to exceed thirty-six (36) inches in height

(inclusive of the base of such sign) and two (2) square

feet in area, may be constructed at each driveway

entrance for directional purposes. Such directional

signs shall be in harmony with the architectural design

of the structure and shall identify only direction for

vehicular traffic. Lighting of directional ground signs

may be either internal or external.

 

c. Ground identification signs. One ground sign

to identify either the district or each individual

building, but not both, is permitted for each frontage on

a major thoroughfare (or collector if approved by City

Council) shown on the development plan. The maximum

height of the sign shall not exceed four (4) feet, and

the sign shall be no more than eighteen (18) square feet.

All ground signs shall be set back at least ten (10) feet

from the right-of-way line and shall not obstruct

visibility of traffic on peripheral streets. Ground

signs may be either internally or externally illuminated.

 

4. Trash containers screened from view of any street or

residence and covered.

 

C. Bulk, height, yard and area requirements (for exceptions, see Section 39.250).

 

1. The total floor area of an office building shall not

exceed two (2) times the total lot area on which the building is situated. If more than one building is erected on a lot, the total floor area of all buildings shall not exceed two (2) times the total lot area on which all such buildings are erected.

 

2. Height.

 

In District OM, buildings or structures shall

neither exceed five (5) stories nor exceed seventy-five

(75) feet in height.

 

3. Yards.

 

a. Front yards. A minimum of twenty (20) feet of

front yard shall be provided, unless adjacent to any

district zoned for commercial or industrial purposes, in

which case no front yard is required.

 

b. Side yards. A side yard equal to one-third

(1/3) of the building height, but not less than eight (8)

feet shall be provided, unless adjacent to any district

zoned for commercial or industrial purposes, in which

case, no side yard is required.

 

c. Rear yards. Rear yards not less than thirty

(30) feet in depth shall be provided. In the case of

through lots, rear yards shall be considered as front

yards, and shall be governed by the front yard restric-

tions of this section. For buildings over forty-five

(45) feet in height, one (1) additional foot of rear yard

must be provided for each foot of height of the building.

 

4. Buffer requirements.

 

In addition to the required front, side and rear

yards, the following buffer yard shall be required on the

portions of the OM District boundary which abut any R-1,

RA, R-2, R-3 or R-4:

 

a. Abutting any District

R-1 or District RA - thirty (30) feet

 

b. Abutting any District

R-2a or R-2b - twenty (20) feet

 

c. Abutting District R-3

or R-4 - ten (10) feet

 

Buffer yards shall be planted and maintained with

grass, shrubbery and/or trees.

 

D. Off-street parking and loading requirements.

 

1. For medical offices and health service the

following shall be provided: (a) seven (7) spaces per

doctor or (b) one (1) space for each five hundred (500)

square feet or (c) two (2) spaces per employee in the

largest shift, whichever requires the greater number of

spaces.

 

2. For all other uses: One (1) off-street parking

space shall be provided on the premises for every four

hundred fifty (450) square feet of gross floor area.

 

3. No parking shall be permitted within ten (10)

feet of any side lot line nor within six (6) feet of any

rear property line, except in the following situations:

 

a. When adjacent to any office, commercial

or industrial district, parking shall be at least

three (3) feet from the property line.

 

b. When adjacent to any office, commercial

or industrial district, where joint access or

shared parking is provided with the adjoining

property, no parking setback is required.

 

4. No parking shall be permitted in the front yard

required in this district unless the required front yard

is in excess of twenty (20) feet, in which case parking

may not occupy the front twenty (20) feet of the required

front yard.

 

5. A solid wall or fence of suitable planting, at

least four (4) feet high, shall border and screen the

parking area along any side facing the street property

line, and any side or rear property line, except as

described in 3a and b, above.

 

6. The parking area shall be constructed in

accordance with Section 39.444 and any lights used to

illuminate it shall be placed in such a manner that light

shall not be directed into abutting residential property

and light standards shall not exceed forty-one (41) feet.

 

7. Access to or from any parking area in the

district shall be to or from a major thoroughfare or from

a collector street leading directly to the major

thoroughfare.

 

8. Loading shall be provided in accordance with

Section 39.445.

 

9. Except as specifically provided herein, the

provisions of Section 39.444 shall control.

 

E. In determining the requirements of this District, all yard and buffer requirements shall be measured from the boundaries of the district as a whole. Further there shall be no restriction on the number of buildings on the lot subject to the requirements specifically stated herein.

 

F. Landscaping.

 

1. Landscaping may include a mixture of materials,

living and nonliving, and any landscaping planting plan shall be considered a part of the final plan and failure to comply with such plan shall be deemed a violation of this Chapter.

 

2. The landscaping planting plan shall be implemented

prior to any final certificate of occupancy. However, in lieu of implementation due to inclement weather, a developer may post money in an escrow account or post a letter of credit to guaranty the implementation of such plan in an amount equal to the cost of the landscaping materials and the cost of labor plus a 10% contingency. The term of such escrow account or letter of credit shall not exceed two years.

 

3. After the landscaping planting plan is implemented,

the developer shall be under a continuing obligation to maintain the landscaping materials and to replace same if there is evidence of insect pests, disease and/or damage. To insure the replacement of landscaping materials for the first two years after installation, the developer shall post a performance bond, a letter of credit or cash in an escrow account in an amount equal to 25% of the costs of the initial landscaping materials and such bond, letter of credit or escrow account shall be in effect for a period of two years after the date of the issuance of the certificate of occupancy. Provided, however, the developer shall not be relieved of his continuing obligation during or after such two year period.

 

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.

 

_____________________________________________

 

I hereby certify that as required by Chapter 39, Code of General Ordinances of Kansas City, Missouri, the amendment in the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney