ORDINANCE NO. 110340

Amending Chapter 88, Zoning and Development Code, by adding a new Section 88-240, which creates and establishes regulations for the Plaza Core Overlay District.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 88, Zoning and Development Code, is hereby amended by adding a new Section 88-240, PC-O, Plaza Core Overlay District, which creates and establishes regulations for the Plaza Core Special Overlay District, said new section to read as follows:

88-240. PC-O, PLAZA CORE OVERLAY DISTRICT

88-240-01. Purpose and Intent. The PC-O, Plaza Core Overlay District, is a Special Character Overlay District intended to protect the predominant retail character of the existing Country Club Plaza core by restricting building heights and codifying a limitation on the conversion of existing rentable retail space into general office space or other allowable commercial uses. Implementing these height and use restrictions on the Country Club Plaza core is intended to ensure the long-term vitality of the Country Club Plaza as a predominantly retail area and to generally preserve the existing scale and size of buildings in the core. These restrictions have the practical effect of adopting by force of law many of the most significant urban design recommendations of the Plaza Urban Design and Development Plan, including the “bowl concept” which limits building heights to three stories on the Country Club Plaza core and ensuring that view corridors exist throughout the Plaza. Other than as set forth below, the underlying zoning regulations and standards included in the Zoning and Development Code, Chapter 88, prescribed for the Country Club Plaza (zone B4-5) shall remain unchanged and shall continue to apply.

88-240-02. Use Regulations.  All regulations not listed below shall be controlled by the underlying base zoning.

88-240-02.A. Office. As of the Effective Date of this Ordinance, there are ____ rentable square feet of existing retail and restaurant space within the PC-O District. Hereafter, no more than 15% of the total existing rentable retail and restaurant space (measured in total square footage) in District PC-O may be converted into office space or other allowable commercial uses, without first submitting an application to the City Plan Commission for recommendation and the City Council for approval of such change through the text amendment procedures of 88-510. This restriction in no way affects the permitted current or future use of any existing office space as of the Effective Date and such existing office space may be used in any way permitted by the underlying zoning.

88-240-03. Lot and Building Standards.  All standards not listed below shall be controlled by the underlying base zoning.

88-240-03-A.  Occupied Building Height. All improvements designed for occupancy within District PC-O, whether occupied for residential, office, business, service, or commercial activities shall not exceed the greater of (i) the height existing as of the Effective Date; or (ii) three (3) stories in height, which for purposes of District PC-O is deemed to be 50 feet. Any improvements existing as of the Effective Date within District PC-O may be fully and completely redeveloped or rebuilt in accordance with the existing height as of the Effective Date and all applicable zoning and regulations and standards of the underlying zoning classification.

88-240-03-B. Height of Other Structures. The height requirement set forth in paragraph (1) shall not apply to any other structures existing in District PC-O, including, but not limited to, parking garages and other architectural features of buildings or improvements, such as towers.

88-2406-03-C. Height Exceptions. Only the City Council, after hearing by the City Plan Commission, may vary the height restriction set forth in this section through the text amendment procedures of 88-510.

88-240-04. Applicability. Only property within the area bounded by Ward Parkway on the south, W. 46th Terrace and W. 47th Street to the north, Jefferson Street and Pennsylvania Avenue on the west, and J.C. Nichols Parkway on the east is eligible to be included within the Plaza Core Overlay District.

Section 2. 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.

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Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney