dear neighbors - wornall homesteadhomestead homes association (whha) because you are a resident...

Dear Neighbors - You are receiving the enclosed draft document on behalf of the Board of Wornall Homestead Homes Association (WHHA) because you are a resident and/or property owner of the WHHA at this address according to Jackson County records. The enclosure represents the final draft of the Neighborhood Conservation Overlay (NC/O) District regulations and guidelines that will become the heart of an ordinance that applies to the properties in our Homes Association. It will supersede some parts of the existing R-6 zoning requirements while some portions of the R-6 zone will remain as currently enforced. Please take time to review the document. If you have any questions, please send me an email at [email protected] .

At the Annual Meeting on November 3rd, the Board will begin soliciting your signatures for a petition approving the content of this NC/O. We are asking all listed owners to sign the petition which will be notarized and submitted with our formal application to the City. Please note: These provisions are the results of input given in nearly a dozen meetings with

many of you and your neighbors. The purpose of creating this Overlay District is spelled out in the draft

document and has been designed to recapture the primary thrust of original deed restrictions regarding density and character when our neighborhood was established in the early 1900's.

This draft has been reviewed twice by City Planning Department staff and has their concurrence subject to approval by the City Council.

We have briefed our Councilors regarding the intent of this ordinance and its provisions and they support it subject to staff’s findings at the hearing.

The provisions of this proposed ordinance will not affect your existing, legally compliant residences.

Our goal is to obtain signatures for the petition well above the threshold of “50% of property owners plus one” as required by the City.

After submission of the application, hearings will be held and all WHHA residents will be notified to allow attendance and provide comments.

Thank you for your excellent feedback and participation during this process. See you at the Annual Meeting.

The Board of Wornall Homes Association

mailto:[email protected]

Wornall Homestead Neighborhood Conservation Overlay District

Introduction

The Wornall Homestead Homes Association began as a group of subdivisions within

the Country Club District, a nationally significant and historic group of neighborhoods

founded and developed by J.C. Nichols in the first decade of the 20th century. This

neighborhood is built on the former property of the John Wornall Homestead, our

Association’s namesake. It is primarily composed of residences with a variety of

architectural styles that give the district a distinct character and richness within its urban

setting. Homes are well-maintained and many owners have invested significantly in

improvements throughout the years. Wornall Homestead Homes Association’s location

within the Brookside area along with the condition and character of its properties has

established it as a consistently high market performer in metropolitan Kansas City.

Protecting and preserving this neighborhood’s special character is fundamental to its

long-term success as a valuable part of Kansas City’s urban fabric.

Wornall Homestead Homes Association’s boundaries are generally East and West 57th

Street on the north, Wornall Road on the west, West 63rd Street on the south and the

Trolley Track Trail on the east.

OVERLAY DISTRICT BOUNDARY

Purpose

The establishment of a Neighborhood Conservation Overlay District will allow the

residents of WHHA to address elements of land use control as well as

approaches to the design of new, restored or renovated structures inside its

boundaries. New regulations are drawn from existing zoning requirements,

previously written deed restrictions, current built conditions and new criteria as

formulated through consensus with the members of WHHA. In addition,

regulations are intended to be flexible enough to allow home owners to meet

their particular needs without specifically dictating architectural styles.

Further, the creation of the NC/O District is based on:

1. Its alignment with the WHHA’s objectives as stated in the adopted

Physical and Image Plan of 2010 regarding growth and development within

the neighborhood;

2. A desire to preserve and protect the unique character of the WH

neighborhood;

3. A need to set forth clear procedures for review and approval of new or

renovated properties within WHHA’s boundaries.

Governance

This overlay district is a Neighborhood Conservation Overlay (NC/O) which is

outlined in Section 88-205 generally and Section 88-225 specifically of the

Zoning and Development Code. The establishment of the overlay district is in

accordance with the zoning and development code text amendment procedures

of 88-510 (to establish the applicable regulations) and zoning map amendment

procedures 88-515 (to establish the district on the zoning map).

Non-conforming Uses

1. Existing uses

Any use (including but not limited to land use, setbacks, height or other

dimensional measurements) that was legally established at the time of the

effective date of the overlay district ordinance may continue. Uses made non-

conforming by the provisions of the overlay district may continue as legal non-

conforming uses. Except as otherwise specified by the overlay district, issuance

of certificates of non-conformance, expansion of non-conforming use and loss of

non-conforming use status shall follow the procedures of 88-610 –

Nonconformities.

2. Cessation of non-conforming use

Creation of this overlay district shall not be construed as requiring the cessation

of any legally established use made non-conforming by the provisions of the

overlay district and legally continuing as same.

Building permit / Development review

1. Qualifying lots

No building permit shall be issued unless:

a) The lot was legally established at the time of the effective date of the overlay

district ordinance, or

b) The lot was established by the provisions of the City’s subdivision regulations

following the effective date of the overlay district ordinance.

2. Permits / Development requiring overlay district compliance and/or review

All new construction, alterations to existing structures, exterior work visible from a

public street, partial demolition of structures resulting a final building footprint less

than the minimum required under this ordinance, or movements of structures into

or out of the NC/O district whether or not a building permit is required, is subject

to design review per the requirements of this article and the controlling NC/O

district regulations. A certificate of appropriateness from the overlay design

review board or city planning and development director as appropriate must be

obtained prior to the issuance of a building permit.

3. Permits / Development not requiring overlay district review

Any work required for interior renovation, structural repairs or replacement or the

repair or replacement of plumbing, mechanical or electrical systems or

equipment shall not require a separate review and certificate of appropriateness

under the NC/O district regulations.

Lot size

1. Minimum and maximum lot size

No lot(s) shall be subdivided, combined or otherwise altered so as to result in any

lot containing less than a) 6,000 square feet in area or b) exceeding 8,000

square feet in area, except where an existing lot larger than 8,000 square feet is

reduced in area.

2. Existing non-conforming lots

Lots legally established at the time of the effective date of the overlay district

ordinance and made non-conforming in lot area by 88-290-4-A may continue as

legal non-conformities and may receive building permits subject to compliance

with all other provisions of City ordinances.

Minimum building footprint

1. Minimum building footprint for principal structures

No building permit shall be issued for new construction of a principal structure, or

alteration of an existing principal structure, that creates or results in a ground

floor footprint of less than 800 square feet as measured by the outside of exterior

walls, exclusive of porches, or attached decks.

2. Existing non-conforming principal structures

Principal structures legally established at the time of the effective date of the

overlay district ordinance and made non-conforming in building footprint area by

88-290-5-A may continue as legal non-conformities and may receive building

permits subject to compliance with all other provisions of City ordinances,

provided their existing ground floor footprint is not reduced in area.

3. Minimum building footprint for accessory structures

No minimum ground floor building footprint shall apply to accessory structures,

subject to compliance with all other provisions of City ordinances

Setbacks

1. Setbacks for Principal Structures

a. Front setbacks and setbacks from side streets on corner lots

The setbacks shown in the table below shall govern in lieu of current R-6

requirements under the Zoning and Development Code.

SUBDIVISION BLOCK NOS. LOT NOS. FRONT SETBACK (A)

SIDE STREET SETBACK ON CORNER LOTS (B)

COCKINS’ ADDITION

1 AND 2 ALL 50 FEET 15 FEET

RANDALL & WHEELOCKS ADDITION

N/A 13 THROUGH 58 INCLUSIVE

AS SHOWN ON ORIGINAL PLAT

AS SHOWN ON ORIGINAL PLAT

ROCKHILL HEIGHTS


ROCKHILL HEIGHTS


ROCKHILL HEIGHTS, BLOCKS 5 & 6


WORNALL HOMESTEAD BLOCKS 1-4

1 THROUGH 4 ALL 50 FEET 15 FEET


5 THROUGH 7 ALL AS SHOWN ON ORIGINAL PLAT

AS SHOWN ON ORIGINAL PLAT, EXCEPT 15 FEET FOR LOT 3, BLOCK 7




9 1 THROUGH 5 AND 22 THROUGH 25 INCLUSIVE

40 FEET 15 FEET


9 6 THROUGH 21 INCLUSIVE

50 FEET 15 FEET

WORNALL HOMESTEAD BLOCKS 11-13 AND A


40 FEET 15 FEET



50 FEET 15 FEET



50 FEET 15 FEET



40 FEET 15 FEET

(A) Front setbacks to be measured from originally platted right of way.

(B) Including corner lots created by the dedication of right of way subsequent to platting.

b. Side setbacks for interior lots and non-street side lot lines for corner lots

Side setbacks shall remain as established by requirements under the Zoning and

Development Code for R-6 zoning except as modified herein. In summary, the

required minimum side setback, for each side, is 10% of the lot width but no

more than eight (8) feet each side nor less than four (4) feet each side. Side

setbacks for corner lots are fifteen (15) feet minimum on the side abutting the

street.

c. Rear setbacks

Rear setbacks shall remain as established by requirements under the Zoning and

Development Code for R-6 zoning. In summary, the required minimum rear

setback is 25% of the lot depth but no more than thirty (30) feet.

2. Setbacks for Accessory Structures

Setbacks for accessory structures, including detached garages, shall be in

accordance with Zoning and Development Code section 88-305-02-B, except

that on corner lots accessory structures shall not be closer to the side street than

the principal structure.

3. Encroachments into Required Setbacks

As stated in the Zoning and Development Code, section 88-820-12, required

setbacks must be unobstructed and unoccupied from the ground to the sky

except that features are allowed to encroach into required setbacks to the extent

indicated in the table included in section 88-820-12.

Allowable Height

1. Measurement

The maximum allowable building height shall be 35 feet measured from the average finished ground level adjoining the building to the highest point of the roof.

2. Limitation on Rooftop Features

Building-mounted solar energy systems and chimneys may extend up to 3 feet above the applicable maximum height limit, but no more than 5 feet above the roof line.

Fences and walls

1. Fence and wall height on interior lots

Fence and wall height may not exceed four (4) feet in that portion of the lot

between the principal structure and the street, defined as that portion of the lot

bounded by the street right of way line, a line drawn parallel to said right of way

line intersecting the portion of the principal structure nearest the street exclusive

of porches, and the side property lines. Fence and wall height may not exceed

six (6) feet on the balance of the lot.

2. Fence and wall height on corner lots


between the principal structure and the street, defined as that portion of the lot

bounded by the street rights of way lines, lines drawn parallel to said rights of

way lines intersecting the portions of the principal structure nearest the streets

exclusive of porches, the rear property line and the side property line opposite

the street right of way. Fence and wall height may not exceed six (6) feet on the

balance of the lot.

INTERIOR LOT

CORNER LOT

3. Fence and wall height on vacant lots


between the street right of way line and the extension of the more restrictive of

the parallel lines intersecting the principal structures per Sections 88-290-08-A

and 88-290-08-B on adjacent occupied lots or the nearest occupied lot(s) along

the same street frontage of the same block. Fence and wall height may not

exceed six (6) feet on the balance of the lot.

4. Fence and wall height measurement

Fence and wall height shall be measured from the highest grade directly adjacent

to the base of the fence or wall, and to the top of the primary fence enclosure

materials.

5. Fence materials

a. Permitted fence and wall materials:

Wood

Wrought iron or other metals simulating wrought iron

Brick

Stone

Stucco over masonry

Solid concrete block simulating stone

b. Prohibited fence and wall materials:

Chain link construction, with or without inserted slats

Coated or uncoated metal wire construction, e. g. poultry fencing, unless

used as an enclosure for the authorized keeping of small animals and

fowl.

Post and rail

Un-stuccoed concrete masonry block

Un-faced concrete

PVC or other plastic

Plywood or asbestos panels

Fiberglass

Rebar

Any fence that includes as part of its construction barbed wire, razor wire

or other materials that are liable to snag, tear, cut or otherwise injure

anyone coming in contact therewith

Any fence that includes as part of its construction uninsulated electric

conductors that may be exposed to human contact

.

6. Applicability

The requirements of this section do not apply to walls of buildings, portions of retaining walls below grade on one or both sides, or to any fence or wall constructed prior to March 20, 2000, or legally constructed prior to the effective date of the overlay district ordinance.

7. Special exceptions

Special exceptions to the height requirements of Sections 88-290-08-A, 88-290-

08-B and 88-290-08-C may be pursued subject to the procedures of Section 27-

11 of City ordinances.

Exterior building materials requirements

1. All new construction, additions or alterations to existing structures and any

exterior work visible from a public street or alley shall utilize exterior building

materials of stone, cast stone, brick, stucco, wood siding and / or shingles.

Additions or alterations shall be designed and constructed so that new exterior

materials match existing materials that will remain on the original structure after

completion of the work.

2. Subject to the approval of the overlay district design review board or the planning

and development director, the following exterior building materials may be

considered:

a. Synthetic materials of substantial quality and weather resistance that faithfully

match the natural materials they are designed to resemble.

b. Cementitious siding that closely simulates permitted wood materials in finish

and dimension.

c. Materials based on recycled / environmentally sensitive products that are

highly durable and well-integrated into the overall design of the structure of

which they are a part.

d. Metal or vinyl siding for additions or alterations where matching existing

construction is required.

3. The use of simulated stone veneer or metal building panels is prohibited and will

not be considered for variances.

Attached Garages

1. Street-facing attached garages shall be set back a minimum of 4 feet from the

balance of the front plane of the house as constructed and as defined for setback

purposes, i. e. exclusive of porches, bay windows or other allowed

encroachments into required setbacks.

2. Side-loaded attached garages on corner lots shall not extend closer to the side

street than the balance of the side plane of the house as constructed and as

defined for setback purposes, i. e. exclusive of porches, bay windows or other

allowed encroachments into required setbacks.

Uses

1. Uses in the NC/O District shall be as allowed by section 88-110 of the Zoning

and Development Code, table 110-1, with the following exception(s):

a. Bed and Breakfast establishments as governed by section 88-320 of the

Zoning and Development Code may be allowed subject to the approval of a

Special Use Permit in accordance with section 88-525 of the Zoning and

Development Code.

b. Short-Term-Stay establishments (leased for less than 30 days and not

conforming to the definition as Bed and Breakfast establishments) are

considered a prohibited use in the NC/O District.

Variances

1. Nothing in this NC/O District ordinance shall be construed as prohibiting the right

of property owners to seek a variance under section 88-565 of the Zoning and

Development Code unless expressly stated herein.

Applicability

1. Except as addressed in this section, development within the Wornall Homestead

neighborhood conservation overlay district shall be subject to the provisions of R-

6 zoning, and all other applicable City ordinances.

dear neighbors - wornall homesteadhomestead homes association (whha) because you are a resident...

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