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Legislation #: 910044 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, is hereby amended by repealing Section 39.106, District O, and enacting in lieu thereof a new section of like number and subject matter.

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. 910044

 

Amending Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Section 39.106, District O, and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Section 39.106, District O (Office District), and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 39.106. District O, Office District.

 

I. Purpose. District O is hereby created to accommodate low density office development within the City. District O provides and encourages flexibility within the boundaries of the district to allow for integrated development.

 

II. General Conditions:

 

A. A District O shall be limited to any tract of land

larger than two (2) acres. However, if the property is adjacent to and on the same side of the street as a commercial or industrial zone, the minimum area may be waived by the Council after recommendation of the City Plan Commission.

 

B. District O must front on a major thoroughfare as

defined in the major street plan.

 

C. Any application for District O 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: In District O, 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 accessory uses as hereinafter provided, except as otherwise authorized by Sections 39.230 and 39.250:

 

A. Uses permitted in the District:

 

1. Offices for medical, dental and health

examination diagnosis and treatment of persons as

outpatients, who remain at the facilities not more than

twelve (12) consecutive hours, including laboratories

incidental thereto. Use of medical offices during other

than normal business hours shall be limited to occupants

and their employees, patients and clients by emergency

appointment, and maintenance and security personnel.

 

2. Offices for the conduct of business or

professional activities, including offices of lawyers,

architects, real estate salesmen 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

companies, 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. Maintained within the building;

 

b. Providing for the health, education,

comfort and convenience of occupants,

employees, clients and patients;

 

c. Entrances only from within the building;

 

d. There are no outdoor advertising signs;

and

 

e. There are no drive-in facilities.

 

2. Parking garages are permitted as an accessory

use in District O, subject to the bulk, height and yard

requirements.

 

3. Signs for office buildings:

 

a. Flat wall signs: Only one (1)

unilluminated flat wall sign 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 each face

of the building which has frontage on a

major thoroughfare. The sign shall be no

more than sixteen (16) square feet in

area, and 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.

 

b. Directional ground signs: Directional

ground signs, not to exceed thirty-six

(36) inches in height 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. The direction may be indicated

by either symbolic arrows, or use of one

(1) or more of the following words:

Entrance, exit, in, out, in only, or out

only.

 

c. Ground identification signs: Ground

signs to identify either the District or

each individual building but not both and

shown on the development plan. On a

parcel of land which contains less than

three (3) acres, the maximum height of

the sign shall not exceed three (3) feet.

On a tract of land three (3) to six (6)

acres, the maximum height shall be three

(3) feet six (6) inches and shall be no

more than twenty-four (24) square feet in

size. On a tract of land over six (6)

acres, the maximum height shall be four

(4) feet six (6) inches and shall be no

more than thirty-two (32) square feet in

size. All ground signs shall be set back

at least twenty (20) feet from the

right-of-way line.

 

4. Trash containers must be screened from view of

any street or residence and must be covered.

 

C. Bulk, height, yard and area requirements (for

exceptions, see Section 39.250):

 

1. Ratio for the building bulk to the building lot

for office buildings: The total floor area of the office

building shall not exceed one and one-half (1 1/2) times

the total lot area. Where a residential building or

structure is converted to office use without enlargement

or exterior change, the bulk requirements for this

District are waived.

 

2. Height: In District O, buildings or structures

shall not exceed three (3) stories and shall not exceed

forty-five (45) feet in height; however, additional

height is permitted, provided the height of the building

does not exceed its distance from any property line.

 

3. Yards:

 

a. Front yards: A front yard shall be

provided that is equal to one-fourth

(1/4) of the building height, but shall

not be less than fifteen (15) feet, or

fifteen (15) percent of the lot depth,

whichever is greater but need not exceed

twenty (20) feet. For buildings over

forty-five (45) feet in height, one (1)

additional foot of front yard must be

provided for each foot of height of the

building.

 

b. Side yards: A side yard equal to

one-third of the building height, but not

less than eight (8) feet shall be

provided except in the case of reversed

frontage where interior lots have been

platted or sold fronting on the side

streets. In this case, there shall be a

side yard on the street side of any

corner lot not less than one-half of the

front yard required in paragraph 3a

above, but shall not be less than ten

(10) feet. For buildings over forty-five

(45) feet in height, one (1) additional

foot of side yard must be provided for

each foot of height of the building.

 

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 restrictions of this section; or if

the yard projects into a district with

front yard requirements other than those

in this section, they shall meet the

requirements of the district into which

they project. 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 O district

boundary which abut an R-1aa, R-1, R-1b, RA, R-2a, R-2b,

R-3 or R-4 district.

 

a. Abutting R-1aa, RA, R-1a or R-1b, thirty

(30) feet;

 

b. Abutting R-2a or R-2b, twenty (20) feet;

 

c. Abutting R-3 or R-4, ten (10) feet.

 

Buffer yards shall be planted and maintained as

grass, shrubbery and/or trees.

 

D. Off-street parking and loading regulations:

 

1. For medical offices and health service the

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

doctor; (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 (400) square feet of floor area.

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

feet of any side lot line or within six (6) feet of any

rear property line.

 

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 or suitable planting, at

least three and one-half (3 1/2) feet high, shall border

and screen the parking area along any side facing the

street property line, and any side or rear property line.

 

6. The parking area shall be hard-surfaced, and

any lights used to illuminate it shall be placed in such

a manner that light will not be directed into abutting

residential property.

 

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.

 

E. 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, the foregoing ordinance was duly advertised and public hearings were held.

 

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney