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Legislation #: 050872 Introduction Date: 7/14/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER COOPER
Title: Amending Section 80-110 of the Zoning Ordinance to allow signs on ornamental towers for major tenants of a planned business center.

Legislation History
DateMinutesDescription
7/14/2005 Filed by the Clerk's office
7/14/2005 Referred to Planning, Zoning & Economic Development Committee
8/3/2005 Hold On Agenda (9/7/2005)
9/7/2005 Advance and Do Pass as a Committee Substitute, Consent
9/8/2005 Passed as Substituted

View Attachments
FileTypeSizeDescription
050872 fact sheet.pdf Fact Sheet 1312K fact sheet
050872.pdf Authenticated 282K Authenticated
staff report.doc Advertise Notice 57K staff
notice050852,54,60,61,62,63,68,72.pdf Advertise Notice 100K notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 050872

 

Amending Section 80-110 of the Zoning Ordinance to allow signs on ornamental towers for major tenants of a planned business center.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-110, District CP (Planned Business Center) generally, and enacting in lieu thereof a new section of like number and subject matter, which allows allow signs on ornamental towers for major tenants of a planned business center, said section to read as follows:

 

Sec. 80-110. District CP (planned business center) generally.

 

(a)  Purpose. District CP is a commercial planned district. It is designed to provide a unified and organized arrangement of buildings and service facilities which have a functional relationship to the properties comprising the development. District CP is further divided into CP-1 (neighborhood), CP-2 (local) and CP-3 (regional) as more specifically described in the following subsections.

 

(b)  Location requirements.

 

(1) Size.

 

a.     In district CP-1, the net area of land for each district shall be at least 1 1/2 acres.

 

b.     In district CP-2, the net area for each district shall be at least four acres; however, if the district is an area of the city where less than 90 percent of the lots within 1,000 feet of the project have residential, commercial or industrial buildings or structures located thereon, the net area shall be at least five acres.

 

c.     In district CP-3, the net area for each district shall be at least 7 1/2 acres; however, if the district is an area of the city where less than 90 percent of the lots within 1,000 feet of the project have residential, commercial or industrial buildings or structures located thereon, the net area shall be at least ten acres.

 

d.     Notwithstanding the provisions of subsections (b)(1)a through c of this section, no minimum area requirements will apply if the proposed district adjoins and abuts any existing district C-1 through C-4, M-1 through M-3 or CP-1 through CP-3.

 

e.     For purposes of this subsection, net area shall mean the area of land proposed for rezoning, excluding the area within dedicated highways, streets, alleys or other public ways or public property.

 

(2)     Frontage. The district shall abut and have all access directly to a major thoroughfare or a collector street. If the access is to a collector street, the council, upon recommendation by the city plan commission, shall satisfy itself as to the adequacy of the street to carry the additional traffic, and may request a report and recommendation from the director of public works.

(3) Developments extending across municipal corporate boundaries. Any proposed planned business center which extends across municipal corporate boundaries shall be considered as a whole in consideration of area, setback, off-street parking and land coverage requirements. Unless the portion of the district extending beyond the corporate boundaries of the city is regulated by a corresponding zoning district classification, the applicant shall submit plans and a private covenant of restrictions in sufficient detail in compliance with the regulations and restrictions of this section.

 

(c) Application and preliminary plan.

 

(1)     Every application for district CP and any amendments to the district or preliminary plan shall be subject to the same provisions required for any rezoning.

 

(2)     Every application for district CP and any amendments to the district or preliminary plan shall be accompanied by a preliminary plan containing the following information:

 

a.     A scale of one inch equals 100 feet or larger, and approximate north arrow.

 

b.     Property lines of the district.

 

c.     Existing topography with contour intervals not greater than five feet.

 

d.     Existing conditions, including location of structures and tree masses on the property.

 

e.     Proposed size, location and arrangement of buildings, parking areas with proposed arrangement of stalls and number of cars.

 

f.     Proposed entrance and exit driveways and their relationship with existing and proposed streets, alleys and other public ways or public property.

 

g.     Existing rights-of-way and easements.

 

h.     Proposed stages or phases and construction schedule of the development and improvements within the tract to be zoned.

 

i.     Gross floor area of buildings or indication of the desirable criteria with maximums.

 

j.     Total acreage, floor area ratio, covered or paved area.

 

(d) Final plan.

 

(1)     Prior to the issuance of a building permit for all or any part of a district CP, there shall be submitted a final plan for review and approval by the city plan commission. This final plan shall be the basis for the issuance of any building permit.

 

(2)     Every final plan shall provide all the information required of a preliminary plan and shall further include a grading and landscaping plan and a signage plan.

 

(3)     The city plan commission shall review the final plan and determine if the final plan is in substantial compliance with the preliminary plan, allowing for slight differences in setbacks, yard and parking requirements and ratio of building coverage to land area where conditions justify such changes.

 

(4)     If the city plan commission determines that the final plan is in substantial compliance with the preliminary plan, the city plan commission shall approve the final plan and so advise the director of codes administration.

 

(5)     If the city plan commission determines that the final plan is not in substantial compliance with the preliminary plan, the applicant may elect to:

 

a.     File an amendment to the preliminary plan; or

 

b.     Appeal the decision of the city plan commission to the director of codes administration.

 

(e) Plat. Prior to the issuance of any building permit, the applicant shall cause the property within the district to be platted according to chapter 66, unless it is determined that the property has previously been platted and no additional rights-of-way or easements are necessary.

 

(f) Failure to proceed with development. If no building permit is issued within five years of the date of approval of the preliminary plan or amendment thereto or within one year of the date of the approval of the final plan, the director of city development shall advise the city plan commission that no development has occurred, and, if appropriate, recommend that the property be rezoned in accordance with the general plan of development for the area and harmonious with existing development.

 

(g) Regulation of uses, height, yard, area, parking and loading, and signs.

 

(1)     The regulations concerning uses in district CP (CP-1, CP-2 and CP-3) are set forth in section 80-111. Certain temporary uses are authorized pursuant to subsection (g)(2) of this section.

 

(2)     Temporary uses shall be permitted only under the following conditions, and subject to the approval of the board of zoning adjustment, after recommendation by the city plan commission:

 

a.     The temporary use is limited to a period not to exceed five years, which may be extended after public hearing; however, if the temporary use is seasonal in nature, such temporary use shall be limited to a period not to exceed six months.

 

b.     The temporary use is harmonious and consistent with other surrounding uses and is not objectionable by reason of noise, odor, fumes, smoke or vibration and will not materially injure the adjoining property or interfere with the development of the district as a whole.

 

(3)     The regulations concerning height, yard and area are set forth in section 80-112.

 

(4)     The regulations concerning parking and loading are set forth in section 80-113.

 

(5)     No signs shall be permitted in any district CP (CP-1, CP-2 and CP-3) except as follows:

 

a.     Incidental or directional signs.

 

b.     Temporary signs.

 

c.     Driveway signs, not to exceed two per street abutting the district and showing only the name of the center. Driveway signs shall be at least ten feet from any street property line, and shall not exceed 30 square feet in area, and shall not extend more than 4 1/2 feet above the ground level.

 

d.     Directional boards listing the names and locations of center tenants within the parking lot of a shopping center, provided that the boards are placed no closer than 50 feet from the street property line, do not exceed eight feet in height and do not exceed 32 square feet in area, and that the locations of such boards have been approved as part of the final plan.

 

e.     Flat wall, fascia or projecting wall signs or signs upon the face or at the edge of a marquee, canopy, awning, or under-marquee signs which shall advertise or indicate only services, articles or products which are offered for sale within the building to which the sign is attached; provided such signs shall conform to section 80-220, and, except as provided in subsection (g)(5)h of this section, no sign shall project above the main roof level of any building.

 

f.     Ground or monument signs listing the name and address of the building or of a tenant, and also describing the services offered for sale within the building in lieu of permitted flat wall, fascia, projecting wall, marquee, canopy, awning or under-marquee signs within any district CP consisting of separate buildings and lots fronting on a public or private street, and provided that such signs are not more than 4 1/2 feet in height, do not exceed 30 square feet in area, observe the required setbacks for parking lots, do not impair vision of traffic, and are located according to the approved final plan.

 

g.                   One pylon sign or structure of a permanent type construction, provided the maximum height of such sign shall not exceed 30 feet in height and 15 feet in horizontal dimension. Such sign shall be at least 20 feet from any property line of the planned shopping center, and may identify the center. In a district CP-2 or CP-3 which abuts on two or more major streets, one pylon sign shall be permitted along each such street according to the these standards.

 

h. Signs on ornamental towers, not to exceed two on the face of an ornamental tower or structure, when such tower or structure is an integral part of the architectural plan of any building, and which may extend above the main roof level, provided that the tower or structure does not exceed 35 feet in CP-1 districts and 45 feet in CP-2 and CP-3 districts, and further not to exceed signs on three towers or structures separated by at least 500 feet. The signs shall identify only the name of the center or tenant name and face upon the interior of the center or on the principal street upon which the center fronts. The area of signs in aggregate on ornamental towers or structures shall not exceed 10% of the area of the wall elevation on a single-tenant building or tenant elevation on a multi-tenant building above which the sign is installed, with the individual sign area determined by the smallest rectangle enclosing any text and/or logo. Only the first 20 feet of wall height may be used for the wall area calculation. If wall signs are installed on the elevation over which an ornamental tower or structure sign is installed, the aggregate total area of wall signs and ornamental tower or structure signs shall not exceed 10% of that wall elevation area. The signs shall be submitted as part of a final plan for review and approval by the city plan commission.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney