ORDINANCE NO. 260443
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Sponsor: City Manager’s Office
Rezoning an area of about 23.5 acres generally located at 4710 Jefferson Street from District B4-5 to District MPD and approving a development plan to allow for maintenance and redevelopment of the Country Club Plaza. (CD-CPC-2025-00164)
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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 and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A-1523, rezoning an area of about 23.5 acres generally located at 4710 Jefferson Street from District B4-5 (Heavy Business) to District MPD (Master Planned Development) and approving a development plan to allow for maintenance and redevelopment of the Country Club Plaza, said section to read as follows:
Section 88-20A-1523. That an area legally described as:
TRACT 1: (Balcony - Block 2)
PARCEL A:
All that part of Lot 1, WORNALL PARK RESURVEY, a subdivision in Kansas City, Jackson County, Missouri, recorded July 17, 1986, as Document No. K-724383, in Plat Book 36 at Page 88 and described as follows: Beginning at the Southwest corner of said Lot 1; thence North 2 degrees 25 minutes 26 seconds East (this and all other bearings being in relation to the West line of Section 29, Township 49, Range 33 being North 2 degrees 25 minutes 26 seconds East) along the West line of said Lot 1, a distance of 58.25 feet; thence South 87 degrees 34 minutes 30 seconds East, 157.21 feet; thence North 72 degrees 24 minutes 02 seconds East, 55.57 feet, thence North 18 degrees 14 minutes 32 seconds West, 14.34 feet; thence North 71 degrees 37 minutes 48 seconds East, 21.77 feet; thence North 19 degrees 06 minutes 40 seconds West, 54.43 feet; thence North 71 degrees 47 minutes 02 seconds East, 56.18 feet; thence North 19 degrees 32 minutes 33 seconds West, 0.45 feet; thence North 70 degrees 28 minutes 06 seconds East, 9.44 feet; thence South 19 degrees 29 minutes 54 seconds East 0.48 feet; thence North 63 degrees 06 minutes 04 seconds East, 43.71 feet; thence North 41 degrees 12 minutes 03 seconds East, 26.55 feet; thence North 43 degrees 10 minutes 01 seconds East, 25.65 feet; thence North 32 degrees 10 minutes 05 seconds East, 17.63 feet to a point on the Northwest prolongation of the Southwesterly line of Lot 67, WORNALL PARK, a subdivision in said City, County, and State, according to the recorded plat thereof, recorded July 22, 1909, as Document No. 715298, in Plat Book 15 at Page 84, being also a point on the Northerly line of said Lot 1; thence South 60 degrees 12 minutes 23 seconds East along said Northerly line, a distance of 127.66 feet to the most Easterly corner of said Lot 1; thence generally Southwesterly along the Southeasterly line of said Lot 1, the following courses and distances; thence Southwesterly along a curve to the right having a radius of 303.37 feet, a central angle of 38 degrees 55 minutes 54 seconds and an initial tangent bearing of South 29 degrees 47 minutes 37 seconds West, an arc distance of 206.14 feet; thence South 19 degrees 05 minutes 08 seconds East along a jog in said line 3.34 feet; thence Southwesterly along a curve to the left, having a radius of 60.5 feet; a central angle of 46 degrees 04 minutes 13 seconds and an initial tangent bearing of South 56 degrees 23 minutes 26 seconds West an arc distance of 48.65 feet; thence South 10 degrees 19 minutes 13 seconds West, tangent to the last described curve, a distance of 9.42 feet to a point on the South line of said Lot 1; thence North 87 degrees 24 minutes 16 seconds West along said South line, a distance of 287.78 feet to the Point of Beginning.
PARCEL B:
A non-exclusive easement for ingress and egress as established in Document Number K-714870 in Book K-1539, Page 2231, over that part of the following described land lying within Lots 66 and 67 WORNALL PARK and the Easterly half of that part of the vacated alley lying West of, and adjacent to, said Lots 66 and 67: All of that part of Lots 65, 66 and 67, together with a portion of the vacated alley lying between Lot 65 and Lots 66 and 67, all in WORNALL PARK, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded July 22, 1909, as Document No. 715298, in Plat Book 15 at Page 84, more particularly described as follows: Commencing at the Northeast corner of Lot 65; thence North 87 degrees 38 minutes 59 seconds West along the North line of Lot 65, said line being the South line of 46th Street Terrace as such street is now established, a distance of 20.00 feet to the Point of Beginning of a tract of land to be described; thence South 2 degrees 21 minutes 01 seconds West, perpendicular to the last course, a distance of 32.00 feet; thence South 87 degrees 38 minutes 59 seconds East, parallel to the South line of 46th Street Terrace, a distance of 28.00 feet; thence North 2 degrees 21 minutes 01 seconds East, perpendicular to the last course, a distance of 32.00 feet to a point on the South line of 46th Street Terrace; thence North 87 degrees 38 minutes 59 seconds West, along said South line a distance of 28.00 feet to the Point of Beginning.
TRACT 2: (Neptune Garage)
Description: This is a Resubdivision and Resurvey of all that Part of Lot 1, “Wornall Park Resurvey”, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, of said Lot 1 of the following described tract of land: Commencing at the northwest corner of said Lot 1, being also the point of intersection of the south right-of-way line of 46th Street Terrace with the east right-of-way of Broadway, as said streets are now established; thence South 87°39'42" East along the north line of said lot 1 and along said south right-of-way line, a distance of 8.54 feet to the true point of beginning of the tract of land to be herein described; thence South 2°24'43" West, a distance of 53.63 feet; thence North 87°35'17" West, a distance of 7.44 feet; thence South 2°24'43" West and parallel with the west line of said Lot 1, a distance of 112.28 feet; thence South 87°42'13" East, a distance of 183.69 feet; thence North 41°48'02" East, a distance of 28.58 feet; thence North 2°38'33" East, a distance of 17.06 feet; thence North 71°46'19" East, a distance of 58.04 feet; thence North 19°33'16" West, a distance of 0.45 feet; thence North 70°27'23" East, a distance of 9.44 feet; thence South 19°30'37" East, a distance of 0.48 feet; thence North 63°05'21" East, a distance of 43.71 feet; thence North 41°11'20" East, a distance of 17.86 feet; thence North 2°19'56" East, a distance of 67.50 feet to a point on the north line of said Lot 1, being also a point on the aforesaid south right-of-way line of 46th Street Terrace; thence North 87°39'42" West along said north line and along said south right-of-way line, a distance of 306.73 feet to the point of beginning. Containing 44,455 square feet or 1.02 acres, more or less.
TRACT 3: (Court of Penguins - Block 15)
All or parts of Lots 3 thru 8 and 11 thru 14, PENN PARK, a subdivision of land recorded September 5, 1905 as Document No. 539873, in Plat Book 13 at Page 42; all of Lot 10, PHILLIPS PLAZA, a subdivision of land, recorded March 26, 1929, as Document No. 407685, in Plat Book 23 at Page 95; part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, Kansas City, Jackson County, Missouri; and part of the vacated streets and alleys adjoining; being all that part of said quarter quarter bounded on the North by the South right-of-way line of Nichols Road, as now established on the East by the West right-of-way line of Pennsylvania Avenue, as now established; on the South by the North right-of-way line of 48th Street, as now established; and on the West by the East right-of-way line of Jefferson Street, as now established.
TRACT 4: (Esplanade/Saks - Blocks 12 & 3)
PARCEL A: All that part of the Southeast 1/4 of Section 30, Township 49, Range 33, in Kansas City, Jackson County, Missouri, lying West of Broadway Street, East of Pennsylvania Avenue, South of 47th Street and North of Nichols Road, EXCEPT that part thereof described as follows:
Beginning at the intersection of the West line of Broadway with the South line of 47th Street, as said streets are now established; thence South along said West line, 296.36 feet (296 feet, deed) to its intersection with the North line of Nichols Road, as now established; thence West along said North line, 462.21 feet (462 feet, deed) to its intersection with the West line of the East 6 feet of Pennsylvania Avenue, vacated by Ordinance No. 21101, passed January 14, 1957; thence North along said West line, 140.27 feet; thence East, deflecting 89 degrees 53 minutes 16 seconds to the right from the last described course, a distance of 207.88 feet; thence North, deflecting 89 degrees 54 minutes 30 seconds to the left from the last described course, 9.25 feet; thence East at right angles from the last described course, 90.16 feet; thence North at right angles from the last described course 1.90 feet; thence East at right angles from the last described course, 78.26 feet to a point on a line drawn 85.97 feet West of and parallel with said West line of Broadway; thence North along said parallel line, 144.55 feet to a point on the South line of said 47th Street; thence East along said South line, 85.97 feet to the Point of Beginning of said exception.
PARCEL B: All that part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, in Kansas City, Jackson County, Missouri, more particularly described as follows:
Beginning at the intersection of the West line of Broadway with the South line of 47th Street as said streets are now established; thence South along said West line, 296.36 feet (296 feet, deed) to its intersection with the North line of Nichols Road, as now established; thence West along said North line, 462.21 feet (462 feet, deed) to its intersection with the West line of the East 6 feet of Pennsylvania Avenue, vacated by Ordinance No. 21101, passed January 14, 1957; thence North along said West line, 140.27 feet; thence East, deflecting 89 degrees 53 minutes 16 seconds to the right from the last described course, a distance of 207.88 feet; thence North, deflecting 89 degrees 54 minutes 30 seconds to the left from the last described course, 9.25 feet; thence East at right angles from the last described course, 90.16 feet; thence North at right angles from the last described course, 1.90 feet; thence East at right angles from the last described course, 78.26 feet to a point on a line drawn 85.97 feet normally distant West of and parallel with said West line of Broadway; thence North along said parallel line 144.55 feet to a point on the South line of said 47th Street; thence East along said South line, 85.97 feet to the point of beginning.
TRACT 5: (Macy's Block formerly Barnes & Noble - Block 18)
Lot 114, LA SOLANA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926, as Document No. 272274, in Plat Book 23 at Page 10.
TRACT 6: (Maintenance Shop)
The East 175 feet of the South 300 feet of Lot 2, MACKEY'S SUBDIVISION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded December 12, 1912, as Document No. 902282, in Plat Book 17 at Page 95.
TRACT 7: (Millcreek - Block 1)
Lots 65, 66, 69, 70, 71, 72 and 73, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, filed August 21, 1923, as Document No. 134590, in Plat Book 21 at Page 54, together with the vacated North 9.25 feet of Public Court lying South of and adjoining Lots 66 and 73.
TRACT 8: (Nichols - Block 10)
All or parts of Lot 28 and 45 thru 56, COUNTRY CLUB PLAZA, a subdivision of land recorded October 23, 1911, as Document No. 838840, in Plat Book 17 at Page 42 and recorded May 4, 1912, as Document No. 867946, in Plat Book 17 at Page 77, and parts of vacated streets adjoining, being all that part of the Northwest Quarter of the Southwest Quarter of Section 29, Township 49, Range 33, Kansas City, Jackson County, Missouri, bounded by the South right-of-way line of Nichols Road, as now established, on the North by the West right-of-way line of Central Street, as now established, on the East; by the North right-of-way line of Ward Parkway, as now established, on the South; and by the East right-of-way line of Wornall Road as now established, on the West.
TRACT 9: (Plaza 211 formerly Halls - Block 9)
Lot 79, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded October 22, 1928, as Document No. 395117, in Plat Book 23 at Page 85.
TRACT 10: (Plaza Central Shops - Block 11)
All or parts of Lots 38 thru 44 and 57 thru 64, COUNTRY CLUB PLAZA, a subdivision of land recorded September 26, 1911 as Document No. 838840, in Plat Book 17 at Page 42 and recorded May 4, 1912, as Document No. 867946, in Plat Book 17 at Page 77, and parts of vacated streets adjoining, being all that part of the Northwest Quarter of the Southwest Quarter of Section 29, Township 49, Range 33, Kansas City, Jackson County, Missouri, bounded by the West right-of-way line of Central Street, as now established, on the East by the North right-of-way line of Nichols Road, as now established, on the South; by the East right-of-way line of Wornall Road, as now established, on the West; and by the South right-of-way line of 47th Street, as now established, on the North.
TRACT 11: (Plaza Savings - Block 16)
Lot 11, together with that portion of vacated Pennsylvania Avenue lying Easterly thereof and adjoining, PHILLIPS PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded March 26, 1929, as Document No. 407685, in Plat Book 23 at Page 95.
TRACT 12: (Seville Square - Blocks 13 & 14)
PARCEL A:
All that part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, including part of Lots 1 and 16, PENN PARK, a subdivision recorded September 5, 1905, as Document No. 539873, in Plat Book 13 at Page 42; including part of the vacated alley lying between said Lots 1 and 16 and including part of vacated Pennsylvania Avenue, all in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, and all being more particularly described as follows; Commencing at the intersection of the South right-of-way line of 47th Street (as established by Ordinance No, 47976, approved August 8, 1924) with the West right-of-way line of Pennsylvania Avenue as established by deed recorded under Document No. A-449481 in Book B-2979 at Page 410 and accepted by Kansas City by Ordinance recorded under Document No. A-449482 in Book B-2979 at Page 411; run thence South along the West right-of-way of said Pennsylvania Avenue 150 feet, run thence West at right angles to said West right-of-way line, 14 feet, more or less, to the existing West right-of-way line of said Pennsylvania Avenue, as widened by deed recorded under Document No. A-644303, in Book B-3413 at Page 361 and accepted by Kansas City by Ordinance recorded under Document No. A-638263 in Book B-3406 at Page 386 being the true Point of Beginning of the tract herein described; thence continuing West and along the South line of a tract conveyed to Skelly Oil Company by Document No. A-708238 recorded in Book B-3549 at Page 313, a distance of 248.36 feet, more or less, to the East right-of-way line of Jefferson Street, as now established; thence South along said East right-of-way line, 146.39 feet to the North right-of-way line of Nichols Road (formerly Alameda Road) as widened by deed recorded under Document No. A-644303, in Book B-3413 at Page 361 and accepted by Kansas City ordinance recorded as Document No, A-638263 in Book B-3406 at Page 386; thence East along said North right-of-way line, 247.80 feet to the existing West right-of-way line of said Pennsylvania Avenue; thence North along said existing West right-of-way line 146.02 feet to the Point of Beginning.
PARCEL B: (as an appurtenant easement to Parcel A)
A non-exclusive easement for ingress and egress as established as an appurtenant easement to Parcel A by Document No. A-708238 in Book B-3549 at Page 313, over the South 8 feet of the following described tract of Land: All that part of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section Thirty (30), Township Forty-Nine (49), Range Thirty-three (33), in Kansas City, Jackson County, Missouri, described as follows:
Beginning at the point of intersection of the West line of Pennsylvania Avenue with the South line of 47th Street, as said Avenue and said Street were established in Kansas City, Missouri, on December 17, 1937; running thence South along the West line of said Pennsylvania Avenue a distance of one hundred fifty (150) feet to a point; running thence West at right angles to the last described course to the point intersection with the East line of Jefferson Street, as said Jefferson Street is now established in Kansas City, Missouri, running thence North along the East line of said Jefferson Street to the point of intersection with the South line of said 47th Street; running thence East along the South line of said 47th Street to the Point of Beginning.
PARCEL C:
All that part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 49, Range 33, including part of Lots 13, 14, 15, 16 and 20 and all of Lots 21 through 28, both inclusive, PENN PARK, a subdivision recorded September 5, 1905, as Document No. 539873, in Plat Book 13 at Page 42 and including part of vacated Jefferson Street all in Kansas City, Jackson County, Missouri, according to the recorded plat thereof and all being more particularly described as follows: Beginning at a point in the West line of said Lot 20, being a point in the East line of an alley in said PENN PARK and 120 feet South of the South line of 47th Street as now established; thence Easterly and parallel with the South line of 47th Street, 221.64 feet to a point in the West line of Jefferson Street, as now established; thence South along the West line of Jefferson Street 336.69 feet to a point in the Easterly prolongation of the North line of Lot 29, PENN PARK; thence West along the North line of said Lot 29 and its Easterly prolongation, 167.53 feet to the Northwest corner of said Lot 29, said point being in the East line of the aforesaid alley; thence North along the East line of said alley, 320.71 feet to the Point of Beginning, together with the East half of the vacated alley West of and adjacent to Lots 21 through 28, both inclusive, PENN PARK; and all of Lots 35 through 44, both inclusive, and Lot 45, EXCEPT that part of said Lot 45 now in 47th Street, in PENN PARK, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, together with the West half of the vacated alley lying East of and adjacent to Lots 35 through 42, both inclusive, PENN PARK.
Together with that portion of vacated Jefferson Street adjoining said Parcel C, vacated pursuant to Ordinance No. 190127, recorded March 5, 2019 as Document No. 2019E0015334, amended by instrument recorded April 26, 2019 as Document No. 2019E0030289.
TRACT 13: (Swanson - Block 5)
PARCEL A:
Lots 1, 2 and 3, and all those parts of Lots 4, 5, 6, 7 and 8, Block 3, and Lot or Block B, ELMDALE, a subdivision of land in Kansas City, Jackson County, Missouri, recorded June 9, 1903, as Document No. 450349, in Plat Book 12 at Page 15, described as follows: Beginning at the point of intersection of the Northerly line of Ward Parkway, as established by Ordinance No. 7160 approved January 24, 1911, with the Easterly line of Wyandotte Street, as dedicated by the Plat of Lots 78 and 79 of COUNTRY CLUB PLAZA, a subdivision of land, in Plat Book B-23, at Page 85, Document No. A-395117, run Northwesterly along said Easterly line of Wyandotte Street 60 feet, thence Northeasterly at right angles to said Easterly line of Wyandotte Street 65 feet; thence Northwesterly parallel with said Easterly line of Wyandotte Street 88 feet; thence Southwesterly at right angles to said Easterly line of Wyandotte Street 65 feet to a point, in said street line; thence Northwesterly along said Easterly line of Wyandotte Street 77.66 feet to a point therein that is 225.66 feet from the Point of Beginning as measured along said Easterly street line; continuing thence Northwesterly along the prolongation of the last described course and the Easterly line of Wyandotte Street as granted and established by the instrument dated December 20, 1954, in Book B-4979 at Page 201, Document No. B-155497, a distance of 113.79 feet; thence continuing Northwesterly, North and Northeasterly along a curve to the right having a radius of 20 feet with the last described course as a tangent, a distance of 36.67 feet to a point in the South line of 47th Street and 40 feet South of the North line of the Southwest Quarter of Section 29, Township 49, Range 33; thence Easterly, Southerly along the North lines of Lot or Block B and of Lot 1, Block 3, ELMDALE, and the East lines of Lots 1, 2, 3, 4 and 5, Block 3, ELMDALE, to the point of intersection of the East line of said Lot 5 with the Northerly line of said Ward Parkway, as established by Ordinance No. 7160, at a point 280.27 feet South of the North line of the Southwest Quarter of Section 29, Township 49, Range 33; thence Southwesterly with said Parkway line along a curve to the right, having a radius of 100 feet with the last described course as a tangent and a central angle of 75 degrees 05 minutes 30 seconds, a distance of 131.06 feet; and thence Southwesterly along said Parkway line, tangent to the last described curve, to the Point of Beginning, together with that part of vacated 47th Street lying North and East and adjoining Lot 1 of the land.
PARCEL B:
All that part of the Northwest 1/4 of the Southwest 1/4 of Section 29, Township 49, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Beginning in the Easterly line of Wyandotte Street, 60 feet Northerly from its intersection with the Northerly line of Ward Parkway as said Wyandotte Street and Ward Parkway are now established; thence Easterly at right angles with the Easterly line of said Wyandotte Street, 65 feet; thence Northerly parallel with said Wyandotte Street 88 feet; thence Westerly at right angles with the Easterly line of said Wyandotte Street, 65 feet to a point in the Easterly line of said Wyandotte Street; thence Southerly along the Easterly line of said Wyandotte Street 88 feet to beginning; being part of Lots 4, 5 and 6, Block 3, and a part of Lot or Block "B", ELMDALE, a subdivision in Kansas City, Jackson County, Missouri, recorded June 9, 1903, as Document No. 450349, in Plat Book 12 at Page 15.
TRACT 14: (Theater - Block 4)
Lot 78, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, filed October 22, 1928, as Document No. 395117 in Plat Book 23, at Page 85.
TRACT 15: (Time - Block 16)
All that part of the Southeast 1/4 of Section 30, Township 49, Range 33, in Kansas City, Jackson County, Missouri, that lies West of Broadway Street, now known as Wornall Road, East of Pennsylvania Avenue, South of Nichols Road and North of Ward Parkway.
TRACT 16: (Triangle - Block 7)
Lots 74, 75, 76 and 77, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded August 21, 1923, as Document No. 134590, in Plat Book 21 at Page 54.
TRACT 17: (Valencia - Block 19) (REVISED 3/29/2024)
Plat of La Solana (Valencia) Lot 1B
All that part of Lots 105 through 110 of La Solana, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded February 19, 1926, as Document No. 272274, in Plat Book 23 at page 10, and that part of 46th Street Terrace right of way vacated by Ordinance Number 971461, approved October 16, 1997, described as follows: Commencing at the southeast corner of Lot 113 of said subdivision, being also a point on the north right-of-way line of 47th Street, as now established; thence North 87°29'14" West along the south line of Lots 113 through 109, inclusive, of said subdivision, and along said north right-of-way line, a distance of 338.59 feet, more or less, to a point of intersection with the east right of way line of Pennsylvania Avenue, as established by Ordinance Number 7286 recorded June 1, 1942; thence North 2°22'00" East, along said east right-of-way line, a distance of 53.67 feet to the point of beginning of the tract to be herein described; thence North 2°22'00" East, the east right of way line of said Pennsylvania Avenue, a distance of 243.39 feet; thence South 87°22'20" East, departing said right of way line, a distance of 82.69 feet; thence South 2°29'13" West, a distance of 24.86 feet; thence South 87°31'24" East, a distance of 44.91 feet; thence South 2°29'13" West, a distance of 69.80 feet; thence South 87°34'22" East, a distance of 26.35 feet; thence South 2°29'13" West, a distance of 38.08 feet; thence North 87°34'22" West, a distance of 26.35 feet; thence South 2°29'13" West, a distance of 69.71 feet; thence North 87°32'38" West, a distance of 45.08 feet; thence South 2°28'46" West, a distance of 40.83 feet; thence North 87°26'10" West, a distance of 82.01 feet to a point on the east right of way line of said Pennsylvania Avenue.
TRACT 18: (Easement Tract - Affects Tracts 1-5 and Tracts 7-17 Only)
Reservation retained by Highwoods Realty Limited Partnership, a North Carolina limited partnership, its successors and assigns, as contained in the Special Warranty Deed dated February 15, 2008, recorded February 15, 2008, as Document No. 2008E0017619, of the nonexclusive right to access and use of One Hundred Five (105) parking spaces within any parking facility now or hereafter existing on the following property, in perpetuity for the benefit of itself, its successors and assigns, tenants and licensees and the general public, during weekday evenings and at any time on weekends and the terms and provisions of additional restrictions, over the following described property:
Lot 80, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, recorded September 21, 1955, as Document No. K-175047, in Plat Book K-29 at Page 66.
As assigned to Country Club Plaza JV LLC, a Delaware limited liability company, by Assignment of Parking Rights dated March 1, 2016, recorded March 2, 2016, as Document Nos. 2016E0018081 & 2016E0018082.
TRACT 19: (Commerce Bank)
Parcel A:
All of Lot 67, except the South 9 feet thereof, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.
Parcel B:
Lot 68, COUNTRY CLUB PLAZA, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof
is hereby rezoned from District B4-5 (Heavy Business) to District MPD (Master Planned Development), all as shown outlined on a map marked Section 88-20A-1523, which is attached hereto and made a part hereof, and which is hereby adopted as a 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 a development plan for the area legally described above is hereby approved, subject to the following conditions:
1. The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved MPD final plan and has been installed in accordance with the plan and is healthy prior to a certificate of occupancy for each building/phase.
2. The developer shall submit an affidavit, prepared by an engineer licensed in the State of Missouri, verifying that all outdoor lighting has been installed in accordance with the approved MPD final plan and that lighting levels do not exceed that shown on the approved lighting plan at the property lines prior to a certificate of occupancy for each building/phase.
3. Per 88-420-16, alternative parking compliance is approved with 422 W. 47th Street and 300 W. 46th Terrace, providing parking spaces for the MPD District.
4. Signage shall comply with the MPD Design Guidelines and 88-445, subject to sign permitting.
5. Per 88-280-04, uses and lot and building standards that apply within an MPD zoning district are established with a preliminary development plan. Plan Sheet C401 and C402 establish the uses and lot and building standards for the subject MPD district.
6. Per 88-420-17-B.5, the subject preliminary MPD plan and its associated design guidelines approve loading and unloading spaces, and related maneuvering areas to be located in the right-of-way.
7. All landscaping and screening shall comply with 88-425, or subject to an administrative adjustment for alternative compliance (applicable to the entire MPD District). Trees and bushes shall be calculated by the City Forester per the costs of those features at the time of final MPD plan submission.
8. The developer shall secure approval of an MPD final plan from the City Plan Commission prior to the issuance of a building permit for any of the following circumstances:
a. New building.
b. Major façade change to a contributing building.
9. The developer shall prepare a historic materials or features salvage plan, for any building or structure over 50 years old. This salvage plan shall be reviewed and approved by the Historic Preservation Commission.
10. The developer shall perform a character contributing study of the MPD district, in partnership with the City Planning and Development Department, to identify significant fountains, art, sculptures, etc. within a year of the adoption of the preliminary MPD plan.
11. A shade study shall be required with every MPD final plan.
12. The following corrections shall be resolved within 30 days of ordinance approval:
a. Remove deviation #11 from plan sheet C200. This is duplicative information from #7. 88-445-14 addresses outdoor advertising signage (such as billboards) and city staff does not support a deviation to this section of code.
b. Remove deviation #14 from plan sheet C200. City staff does not support a deviation to alter processes in the 500 series of the Zoning and Development Code.
c. Per the City Plan Commission recommendation, update Plan Sheet C401, blocks O and M to be updated to a 120' maximum height.
d. Update the Character Contributing Building Plan Sheet C402. (i) Block A: (i) The building at 400 W. 47th Street is character contributing, (ii) The building at 118 W. 47th Street is also character contributing, (iii) The building at 618 Nichols Road is character contributing, (iv) Block I: Add Plaza Theater tower as character contributing vertical element. (v) Block K: Add southern half of block along 48th Street as character contributing except the altered facade at 614 W. 48th Street, (vi) Block L: 310 Ward Parkway is character contributing.
e. Update the Design Guidelines document to reflect: (i) Remove "soft language". Replace "consider" with "use," (ii) Incorporate the Tall Buildings guidelines, see attachment, and (iii) Other miscellaneous corrections, see attachment.
f. The table on plan sheet C402 identifies a 20 ft stepback but the dimensions on plan sheet C401 identify a 10 ft setback. Please be consistent or display it in a different way.
13. Access roads shall remain as they are unless approved through the review process.
14. Access to water supply shall remain as they are unless approved through the review process.
15. Lighting standards shall be reviewed and updated to comply with the Illumination Engineering Society (IES) Standards listed in their guidelines G-1-22 prior to final approval.
16. Prior to construction adjacent to a Parks and Recreation jurisdictional street and/or park the developer and/or their representative shall obtain a Parks and Recreation permit for storage and restoration within a park or a Parks and Recreation jurisdictional street right-of-way including but not limited to the installation of construction trailer, stockpiling of materials or equipment, construction roads and utility cabinets/meters.
17. The developer shall submit a letter to the Parks and Recreation Department from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, stating the condition of the sidewalks, curbs, and gutters along boulevard/parkway, which is a Parks and Recreation jurisdictional street. The letter shall identify state of repair as defined in Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters. It shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages, as required by the Parks and Recreation Department, prior to recording the plat/issuance of any certificate of occupancy permits including temporary certificate occupancy permits for properties adjacent to Parks and Recreation Department jurisdictional streets.
18. The developer shall be responsible for dedication of parkland, private open space in lieu of parkland, or payment of cash-in-lieu of either form of dedication, or any combination thereof in accordance with 88-408. Should the developer choose to pay cash-in-lieu of dedicating all or a portion of the required area, the amount due shall be based upon the 2025 acquisition rate of $20,065.67 per acre. This requirement shall be satisfied prior to certificate of occupancy. Credits shall be allowed for any area intended for public use, for example set aside for the use as a park, courtyard, leisure, entertainment, or recreational area.
19. Mill Creek Parkway and Ward Parkway are classified as boulevards; therefore, any new developments, façade changes, or additions as listed in the applicability section of 88-323-01-A, shall comply with the parkway and boulevard standards or obtain a deviation or a variance from the Board of Zoning Adjustments prior to obtaining a building permit.
20. The developer shall submit plans to the Parks and Recreation Department and obtain permits prior to beginning construction of streetscape improvements (including but not limited to sidewalks, curbs, gutters, streetscape elements, pedestrian and streetlighting) on the Parks jurisdictional streets and construct improvements, ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired. Such improvements shall be installed per the Parks and Recreation Department standards
21. Any changes to the design of the on-street parking along Mill Creek Parkway or Ward Parkway shall be reviewed and approved by the Parks Board prior to construction.
22. The developer shall submit a streetscape plan with street tree planting plan per 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way.
23. The developer shall ensure that the water and fire service lines should meet current Water Services Department rules and regulations prior to issuance of a certificate of occupancy or change of use.
24. The developer or owner shall provide a flow capacity and pressure comparative analysis of the existing public water mains to the proposed potable water demands. This analysis shall be done for all new buildings or those increased in size or proposing increased water demands. The analysis shall be completed by a Missouri professional engineer and approved by the Kansas City Water Services Department staff prior to final MPD plan submittal. Any changes required to the water distribution system shall be designed per the Kansas City Water Services Department rules and regulations. All water distribution plans shall be designed and under contract (permit) prior to plat recording, or building permit issuance whichever occurs first.
Section C. That the development plan described above is hereby approved with the following deviations from Chapter 88, Code of Ordinances:
1. A deviation to section 88-430-05-C, spillover lighting standards, to permit 1.5 foot-candles at the right-of-way line for building entrances.
2. A deviation to section 88-420-06, parking standards, to permit 2,500 vehicle parking spaces and 250 bicycle parking spaces throughout the subject area.
3. A deviation to section 88-445-08-F.1(a), roof sign standards, to permit roof signs within the MPD District.
4. A deviation to section 88-445-08-C.3, wall sign standards, to permit digital and electronic wall signs within the MPD District.
5. A deviation to section 88-323-02-D.2, boulevard and parkway fencing standards, to permit that all fences shall not exceed 6 ft.
6. A deviation to section 88-445-08.A.1, monument sign standards, to permit monument signs (intra-district sign) with a 0-foot setback from the property line.
7. A deviation to section 88-445-08.A.3, monument sign standards, to permit digital monument signs (intra-district sign) within the MPD district, to advertise uses/businesses within the entire MPD district.
8. A deviation to section 88-420-17-A, loading standards, to permit 0 off-street loading space within the MPD District.
9. A deviation to section 88-445-08-C.4, monument sign location standards, to allow monument signs on non-major thoroughfares.
10. A deviation to 88-323-02-D.2, non-residential development loading standards, to permit delivery and service access along a facade that are facing or visible from a boulevard or parkway.
11. A deviation to the height limit for Block D to allow for a height of 178 feet instead of 45 feet.
A copy of said development plan is on file in the office of the City Clerk with this ordinance and is made a part hereof.
Section D. That the Council finds and declares that before taking any action on the proposed amendment and development plan hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and had.
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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.
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Secretary, City Plan Commission
Approved as to form:
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Sarah Baxter
Senior Associate City Attorney