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Legislation #: 080736 Introduction Date: 7/17/2008
Type: Ordinance Effective Date: 8/31/2008
Sponsor: COUNCILMEMBERS CIRCO, RILEY, MARCASON, SHARP, FORD, HERMANN AND JOHNSON
Title: Adding a new Chapter 65, Code of Ordinances, entitled Stream Buffers, by enacting new sections 65-01 through 65-11.

Legislation History
DateMinutesDescription
7/17/2008 Filed by the Clerk's office
7/17/2008 Referred to Planning and Zoning Committee
7/23/2008 Hold On Agenda (8/13/2008)
8/13/2008 Hold On Agenda (8/20/2008)
8/20/2008 Advance and Do Pass as a Committee Substitute, Debate
8/21/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080736 Affidavit of Publication.pdf Other 37K Affidavit of Publication
080736.pdf Authenticated 806K Authenticated
BUFFER_MAP_SOUTHLAND_20080819_FinDraft[1].pdf Maps 48803K * REVISED buffer map southland
BUFFER_MAP_NORTHLAND_20080819_FinDraft[1].pdf Maps 41332K * REVISED buffer map northland
080736 Compared Comm Sub to Ord.doc Other 94K Compared Version 8-13-08
BUFFER_MAP_NORTHLAND_20070928_Final Modified[1].pdf Other 41149K * northland buffer map
BUFFER_MAP_SOUTHLAND_20070928_FinMod[1].pdf Other 48590K * northland buffer map
Storm Con.doc Fact Sheet 1227K Fact Sheet Addendum (PLEASE DISTRIBUTE TO COUNCIL)
fs_sbo_conservation_07_25_2008.xls Fact Sheet 105K Fact Sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080736 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080736
Adv. 081308.pdf Advertise Notice 8K Advertise Notice
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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080736

Adding a new Chapter 65, Code of Ordinances, entitled Stream Buffers, by enacting new sections 65-01 through 65-11.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That a new Chapter 65, Code of Ordinances of the City of Kansas City, Missouri, entitled Stream Buffers, is hereby enacted, to read as follows:

Chapter 65. STREAM BUFFERS.

Sec. 65-01. Purpose.

In the Kansas City region and throughout the nation, vegetated stream buffers have been clearly shown to protect stream stability and related infrastructure, improve water quality, conserve wildlife habitat and provide flood water conveyance. The stream buffer standards of this chapter are intended to protect public safety and public infrastructure investments while mitigating the adverse environmental impacts that development can have on streams and associated natural resource areas. Other purposes of the stream buffer regulations include:

  (a)    Helping protect life and property;

(b)    Improving stormwater management and helping to prevent flooding;

  (c) Protecting environmental quality, including the quality of water resources and wildlife habitat;

(d) Decreasing infrastructure repair, maintenance and replacement costs;

  (e)    Providing open space amenities;

  (f)      Providing potential opportunities for trail location;

  (g) Increasing the publics knowledge and understanding of natural resource protection issues and

 (h) Providing certainty as well as flexibility in order to maximize sustainable economic development.


Sec. 65-02. Scope and applicability.

  (a) The stream buffer standards of this chapter apply to all stream corridors identified on the Kansas City Natural Resource Map. In the event of conflict between the stream buffer standards of this chapter the stream buffer provisions of the citys Standards, Specifications and Design Criteria, the stream buffer standards of this chapter govern. If an exception is obtained, the stream buffer provisions apply to the relocated stream and mitigated natural resources. For the purpose of this chapter, storm sewer systems, human-made channels (except those designed to function as natural streams) and roadside ditches are not considered streams and are not subject to the stream buffer provisions of this chapter.

 (b) In the event of conflict between the stream buffer regulations of this chapter and Federal Aviation Administration (FAA) requirements, FAA requirements govern.

 (c) The stream buffer regulations of this chapter are not intended to prohibit maintenance of existing city-owned facilities within the stream buffer, nor do the regulations require the removal of lawfully established facilities or improvements from the stream buffer area.

 (d) Beginning February 14, 2009, the stream buffer regulations of this chapter will apply to all applications for approval of preliminary plans, development plans, any other plans provided for in the zoning ordinance, preliminary plats, final plats and amendments to such plans or plats except as follows:

 (1) If the city plan commission has not recommended approval of a final plat for a unified development plan, preliminary plan, development plan or preliminary plat that was approved before January 1, 2003 (referred to as a pre-2003 approved plan), the regulations of this chapter will not apply to any phases of the pre-2003 approved plan as long as the city plan commission recommends approval of the first final plat within one year of the date that the city planning and development director sends certified mail notice of this requirement to the subject property owner.

 (2) If the city plan commission has recommended approval of a final plat for a pre-2003 approved plan before February 14, 2009, the regulations of this chapter will not apply to any phases of the pre-2003 approved plan as long as the city plan commission recommends approval of the next final plat for the pre-2003 approved plan by February 14, 2014.

 (3) In all other cases where a unified development plan, preliminary plan, development plan or preliminary plat has been approved after January 1, 2003 and before February 14, 2009, the regulations of this chapter will not apply to any phases of the unified development plan, preliminary plan, development plan or preliminary plat as long as the city plan commission recommends approval of the next final plat by February 14, 2014.

 (4) If the requirements of (1) through (3) have been met, the regulations of this chapter will not apply to any phases of the unified development plan, preliminary plan, development plan or preliminary plat as long as the city plan commission recommends approval of each subsequent final plat within 3 years of the date that city plan commission recommended approval of the immediately preceding final plat.

 (5) The regulations of this chapter will not apply to amended development plans or amended preliminary plats if no significant changes are made. A significant change is any change that: (1) adds additional land area to the approved plan; (2) changes the overall land use in a way that would increase stormwater runoff volumes and rates; (3) increases the number of lots by 10% or more (as compared to the number of lots included in the originally approved plan/plat); or (4) increases the developed area by 10% or more (as compared to the originally approved plan/plat).

 (6) The regulations of this chapter will not apply to amended development plans or amended preliminary plats if the proposed changes to the development plan or preliminary plat are not located in an area on the development plan or preliminary plat where the buffer requirements would normally apply. If the proposed changes are located in an area where the stream buffer requirements would normally apply, then the amendment of that area on the plan/plat must comply with the regulations of this chapter for the amended area only.

 (e) The city planning and development director is authorized to approve an extension of the time frames established in 65-02(d)(1) - (4) for a maximum of one year. Extension requests must be submitted in writing and include an explanation and justification for the request.

 (f) For purposes of this section, unified development means a development consisting of one or more zoning or subdivision applications that were approved by city council on or about the same date on contiguous property through the same applicant. Additionally, for purposes of this section, commercial and residential plans approved collectively as one unified development (although approved through separate ordinances and plans) will be construed to be a single approved preliminary plan or phase.

Sec. 65-03. Definitions.

The following definitions apply to the provisions of this chapter:

(a) Best Management Practices (BMP). Products, techniques, or methods that have been shown to be the most reliable and effective way to minimize adverse impacts on natural resources, particularly stormwater quality.

 

(b) Clearing. Any act that removes vegetative cover, structures or surface material, including, but not limited to, topsoil, root mat, or surface layer removal.

 

(c) Common Open Space. An outdoor area designated and intended for the common use and enjoyment of residents or occupants of the development or other members of the controlling association.

 

(d) Edge of Stream. The limits of the stream when the discharge is equal to the 50% storm flow based on rural conditions land use. Rural conditions land use flows can be estimated from U.S. Geological Survey regression equations.

 

(e) Encroachment. A temporary or permanent activity (such as clearing vegetation or constructing a permanent improvement) that occurs within a stream setback zone that is expressly prohibited within that zone by this Chapter. Mitigation activities are not considered encroachment.

 

(f) Erosion. Process by which the ground surface is worn away by the action of wind, water, ice, gravity, or artificial means, and/or land disturbance.

 

(g) Manual Of Best Management Practices For Stormwater Quality. Stormwater BMP planning and design reference approved by the American Public Works Association and the Mid-America Regional Council in September 2003, or the most current version adopted by the city.

 

(h) Mature Riparian Vegetation. Vegetation adjacent to a stream consisting predominantly of mature trees (10-inch diameter breast height or greater), where at least 50% of the mature trees are of riparian or bottomland species as defined by The Terrestrial Natural Communities of Missouri (Nelson 2006).

 

(i) Mature Vegetation. Vegetation consisting predominantly of mature trees (10-inch diameter breast height or greater).

 

(j) Natural Hazard Areas: Areas that potentially pose a significant hazard to people or property, such as drainageways, wetlands, and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when disturbed by development activities.

 

(k) Riparian Vegetation. Vegetation that exists within and is adapted to land adjacent to a water body (stream, river, lake), as defined by The Terrestrial Natural Communities of Missouri (Nelson 2006).

 

(l) Slope. The ratio of vertical distance over horizontal distance.

 

(m) Stream. A body of running water moving over the earths surface and flowing at least part of the year, as designated on the Kansas City Natural Resource Protection Map. Storm sewer systems, human-made channels (except those designed to function as natural streams), and roadside ditches are not considered streams.

 

(n) Stream Buffer. Vegetated area, including trees, shrubs, and herbaceous vegetation, that exists or is established to protect a stream system, lake, or reservoir.

 

(o) Stream Channel. The streambed and its banks.

 

(p) Stream Corridor. The stream channel and adjacent floodplains, wetlands, slopes over 15%, and mature riparian vegetation.

 

(q) Unified Development. A development consisting of one or more zoning or subdivision applications that were approved by city council on or about the same date on contiguous property through the same applicant.

 

(r) Wetlands. Areas that are saturated or inundated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions.

Sec. 65-04. Buffer zones.

 Required stream buffer widths are measured horizontally from the edge of stream. The overall required buffer is organized into 3 zones, as follows:

 (a) Streamside Zone. The streamside zone extends 25 feet landward from the edge of stream.

 (b) Middle Zone. The middle zone extends landward from the outer edge of the streamside zone and encompasses the FEMA- or city-designated 1% (i.e., 100-year) floodplain where applicable, or the limits of the 1% (i.e., 100-year) conveyance, as determined by a qualified engineer using city-approved methods; and jurisdictional wetlands as determined using U.S. Army Corps of Engineers delineation methods or other city-approved means. Where wetland fills and mitigation are approved by the U.S. Army Corps of Engineers, the middle zone will be adjusted to exclude filled wetlands and include mitigated wetlands contiguous to the floodplain or flood conveyance.

 (c) Outer Zone. The outer zone extends landward 75 feet from the outer edge of the middle zone. When slopes exceeding 15% or mature riparian vegetation areas are contiguous with the middle zone boundary, the width of the outer zone is expanded to encompass such resource areas. Mature riparian vegetation includes vegetation areas that are field-surveyed, as described in 65-08(d). The maximum extent of the outer zone is established, at the landowners election, as follows:

 (1) If 100% of the outer zone area is set aside and protected as permanent open space, the maximum extent of the outer zone is 150 feet, as measured from the edge of the middle zone.

 (2) If portions of the outer zone are to be developed pursuant to the Open Space and Conservation Development option in 80-209 and Sec. 65-06(c)(2) through Sec. 65-06(c)(4) and Sec. 65-08(c)(1), the maximum extent of the outer zone is 250 feet.

 Sec. 65-05. Flexibility.

 (a) The stream buffer regulations of this chapter have the effect of limiting development near streams identified on the Kansas City Natural Resource Map.

(b) To help offset potential adverse impacts on development yields for property near stream corridors, property owners are encouraged to use the open space development and conservation development options of the Development Code (Sections 80-209-01 through 80-209-06 of zoning ordinance) for residential development.

 Sec. 65-06. Allowed use of buffer zones.

 Stream buffers must be managed to enhance and maximize their natural resource value. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are allowed within stream buffers.

 (a) Streamside Zone.

(1) Activity in the streamside zone is limited to vegetation management to maintain healthy, existing, native vegetation; streambank stabilization; road, trail, and utility crossings and stormwater outfalls designed in accordance with the citys Standards, Specifications and Design Criteria. Stream access for fishing and wildlife viewing and trail overlook areas are allowed if they are in compliance with the citys Standards, Specifications and Design Criteria and maintain the integrity of the stream buffer.

 (2) Trails may encroach into the streamside zone only if approved as an administrative adjustment by the director of city planning and development. Administrative adjustments for (paved or unpaved) trail encroachments into the streamside zone may be approved only if the city planning and development director determines that alternative alignments are not feasible because of topography, the presence of existing structures such as bridges or flood control levees, the inability to acquire property to accommodate other trail alignments, or that the trail represents the termini of existing trails and trail rights-of-way. Streambanks and natural resource areas affected by allowed encroachments must be stabilized in accordance with the citys Standards, Specifications and Design Criteria, and natural resources must be mitigated in accordance with 65-08(c).

 (3) This subsection does not apply to public utility or trail corridors when ownership, an easement, or a binding access agreement is secured prior to February 14, 2009.

 (b) Middle Zone. Any activity allowed in the streamside zone is allowed in the middle zone. The following additional uses and activities are also allowed in the middle zone:

 (1) Underground utility corridors that are fully vegetated and designed in accordance with the citys Standards, Specifications and Design Criteria and all applicable state and federal requirements; and

 (2) Paved and unpaved recreational trails for hiking and biking.

 (c) Outer Zone. Any activity allowed in the streamside and middle zones is allowed in the outer zone. The following additional uses and activities are also allowed in the outer zone:

 (1) BMPs as outlined in the Manual of Best Management Practices for Stormwater Quality and used in conjunction with the citys Standards, Specifications and Design Criteria. BMPs and related activities include:

 a. Stormwater management;

 b. BMP maintenance such as sediment removal and harvesting of vegetation; and

 c. stormwater discharge with appropriate energy dissipation and native vegetation to preserve the integrity of the area.

 (2) Property owners who elect to establish the maximum outer zone width in accordance with Sec. 65-04(c)(2) may develop, in the outer zone, subject to the following standards:

 a. no more than 40% of the outer zone area may be disturbed (i.e., cleared of mature riparian vegetation and/or graded) unless mitigation is provided in accordance with 65-08(c); and

 b. no more than 50% of the outer zone area may be disturbed where mitigation is provided in accordance with 65-08(c).

(3) Areas required to be undisturbed within the outer zone may not contain permanent buildings, structures, impervious cover or active recreation facilities, such as golf courses or athletic fields.

 (4) Property owners who elect to establish the maximum outer zone width in accordance with Sec.65-04(c)(2) may also elect to use the conservation development option of the Zoning Ordinance for residential development within the outer zone. In such cases, they may elect to establish a conservation subdivision for the entire development site or confine the conservation subdivision to the outer zone area only. When a conservation subdivision is confined to the outer zone area, minimum conservation subdivision open space requirements apply only to the outer zone area.

 (5) For nonresidential development that includes protected stream corridors, building heights may be increased by up to 20% over otherwise applicable height limits, and minimum off-street parking ratios may be reduced by up to 20%.

 (d) All Stream Buffer Zones. In addition to the activities expressly allowed in the streamside, middle and outer stream buffer zones pursuant to 65-06(a), 65-06(b) and 65-06(c), the following uses and activities are allowed in all stream buffer zones provided that mature riparian vegetation is disturbed as little as is reasonably practical:

 (1) Existing and on-going agricultural activities (except in the streamside zone);

 (2) Maintenance/repair of public rights-of-way, streets, and public structures;

 (3) Site investigation work including surveys, soil logs, percolation tests, and special tests;

 (4) Reconstruction, remodeling, or maintenance of existing structures as long as these activities do not expand into and/or adversely impact the buffers;

 (5) Control of noxious and/or invasive vegetation;

 (6) Emergency actions necessary to prevent dangers to public health or safety, environmental degradation, or public and private property; and

 (7) Open space uses that protect natural resources such as wildlife sanctuaries, forest preserves, nature centers, picnic areas, and similar uses, as well as game farms, fish hatcheries, hunting or fishing preserves or other activities designed for the protection or propagation of wildlife.

 Sec. 65-07. Prohibited activities and uses.

 Any activity or use that is not identified as being allowed within required stream buffers is prohibited. Streams regulated by this chapter may not be enclosed, relocated, dammed or inundated unless all necessary city, state and federal approvals are first obtained.

 Sec. 65-08. Additional standards.

  The following additional standards apply within stream buffers.

 (a) Continuous Vegetation. When existing vegetation within stream buffers is disturbed, required buffers must be revegetated with appropriate native riparian vegetation.

 (b) Stormwater Discharge. Direct stormwater discharge into stream channels is allowed only in accordance with the citys Standards, Specifications and Design Criteria.

 (c) Mitigation.

 (1) Property owners who elect to establish the maximum outer zone width in accordance with Sec. 65-04(c)(2) may exceed the 40% disturbance limit established in 65-06(c)(2)a. by an additional 10%, up to 50%. This additional disturbance is allowed if an equal or greater land area is added to the outer zone to mitigate the additional allowed (10%) disturbance and if the applicant mitigates the impacts by maintaining natural resource functions, including base flood elevations and stream stability and geomorphology, and by replacing existing mature riparian vegetation with an equivalent amount of appropriate native riparian vegetation.

 (2) Mitigation areas become part of the propertys permanent open space and must be:

 a. contiguous to the original outer zone;

 b. permanently stabilized where slopes greater than 15% are present;

  c. revegetated in accordance with 65-08(a);

d. established and maintained in accordance with the provisions of this chapter and Chapter 80;

 e. designed, established, and maintained in accordance with the citys Standards, Specifications and Design Criteria and applicable state and federal laws and regulations; and

 f. completed during the development phase in which disturbance occurs, if applicable.

 (3) The mitigation standards of this section also apply whenever an exception to stream buffer standards is approved.

 (d) Buffer Plan.

 (1) A stream buffer plan must be provided when the stream buffer standards apply. The plan must delineate the buffer zones and the proposed development site in relation to:

 a. the FEMA- or city-designated floodplain or the estimated 1% flood conveyance, as determined by a qualified engineer using city-approved methods;

 b. wetlands within or adjacent to the floodplain or required stream buffer;

 c. slopes in excess of 15% within or adjacent to the floodplain, as field-surveyed; and

 d. mature riparian vegetation, including woodlands, wetlands, and other habitat areas identified by a field survey.

(2) A preliminary buffer plan must be submitted for city review with preliminary plats and preliminary plans, and with any other plans provided for in the zoning ordinance. The preliminary buffer plan must include a plan at a scale no smaller than 1=100 showing at a minimum:

 a. existing topography with at least 2-foot contour intervals;

 b. approximate stream locations based on approved city geographic information system mapping or city-approved mapping from state and federal agencies;

 c. approximate boundary of the FEMA- or city-designated floodplain based on city approved geographic information system mapping or federal mapping;

d. approximate 1% flood conveyance limits where no regulatory floodplain is identified as determined by a qualified engineer using city-approved methods;

 e. approximate wetland locations from the Mid-America Regional Council Natural Resource Inventory, or the U.S. Fish and Wildlife Service National Wetlands Inventory;

 f. approximate boundary of existing, mature riparian vegetation based on a field survey;

 g. slopes of 15% or greater in each sub-drainage area based on city-approved geographic information system mapping or a site topographic survey;

 h. the location of proposed structures or activities;

 i. identification of required stream buffer zones based on city-approved geographic information system mapping or a site topographic survey and a survey of mature riparian vegetation;

 j. the total acreage of mature riparian vegetation and steep slopes in the outer zone;

 k. the location and total acreage of proposed clearing and grading in the outer zone and the percentage of proposed outer zone area to be cleared (if applicable in accordance with Sec. 65-04(c)); and

 l. the limits and total acreage of proposed mitigation of outer zone vegetation, and the percentage of outer zone area to be mitigated (if applicable in accordance with Sec. 65-08(c)).

 (3) The final buffer plan must be submitted for city review with or be included in final plats and final plans. (The requirements for final plans are in the zoning ordinance.) The final buffer plan must include a plan at a scale not smaller than 1=100 showing at a minimum:

 a. existing topography with at least 2-foot contour intervals;

 b. field delineated, marked, and surveyed streams and wetlands;

 c. field delineated, marked, and surveyed mature riparian vegetation limits as described in 65-08(d)(4);

 d. existing sub-drainage areas of the site;

 e. slopes of 15% or greater in each sub-drainage area based on a site topographic survey;

 f. the location of proposed structures or activities;

 g. the location of field delineated and surveyed stream buffer zones;

 h. the total acreage of mature riparian vegetation and steep slopes in the outer zone;

 i. the location and total acreage of proposed clearing and grading in the outer zone, and the percentage of proposed outer zone area to be cleared (if applicable in accordance with Sec. 65-04(c)); and

 j. the limits and total acreage of proposed mitigation of outer zone vegetation and the percentage of outer zone area to be mitigated (if applicable in accordance with Sec. 65-0 8(c)).

 (4) Field surveys of mature riparian vegetation must identify the limits of the mature riparian vegetation for inclusion with the preliminary and final buffer plans, to a maximum of 250 feet from the edge of the middle zone or 150 feet from the edge of the middle zone at the property owners election pursuant to Sec. 65-04(c). At a minimum, a licensed surveyor, professional engineer or landscape architect must delineate the existing edge of the tree canopy. The survey must identify the critical root zone of all trees at the mapped canopy cover boundary with a diameter breast height (DBH) of 10 inches or greater. The surveyor may identify specific tree species to more accurately delineate the riparian vegetation boundary if the mature vegetation appears to extend into uplands. The riparian boundary is assumed to exist when less than 50% of the mature trees (10-inch DBH or greater) are of riparian or bottomland species as defined by The Terrestrial Natural Communities of Missouri (Nelson 2006) and approved by the city. The surveyor must delineate the canopy cover boundary of the mature riparian tree specimens.

 (e) Boundary Markers.

 (1) Boundary markers must be put in place clearly marking required stream buffers before, during and after construction.

 (2) Boundary markers must be installed at the intersection of private lot lines with the outer edge of the permanent open space before receiving final city approval of plans for clearing, grading, or sediment and erosion control.

 (3) Construction fencing must be placed at the outer edge of the permanent open space in the outer zone to delineate the buffer. This fencing must be maintained throughout the construction process.

 (4) Permanent signs must be placed at the edge of the permanent open space after construction to denote the buffer as follows:

 a. For single-lot developments, signs must be posted every 100 feet along the boundary of the permanent open space.

 b. For multiple lots located along a buffer, signs must be located at the intersection of every other lot line along the boundary of the permanent open space.

  c. The sign face shall be two square feet in area.

d. Required signs must read: Protected Stream Buffer Do Not Disturb, with the sign message located approximately 4 feet above the ground. No other message shall be on the sign.

e. Signs must be maintained and remain legible at all times.

 Sec. 65-09. Administration and procedures.

(a) Enforcement. The Director of City Planning and Development shall be responsible for enforcement of this Chapter.

(b) Review for Compliance. Review for compliance with these standards will be conducted in conjunction with platting (Chapter 66) or preliminary or final plan review (Chapter 80).

(c) Exceptions. Exceptions to any of the standards of this chapter may be approved by the city council, after review and recommendation of the City Plan Commission, subject to all applicable city, state and federal regulations, and subject to the provisions of this section. When exceptions are approved, applicants must mitigate impacts in accordance with the mitigation standards in 65-08(c). Notice will be provided of the hearings held by the City Plan Commission and the City Council on the exception request in accordance with Sections 80-330 and 80-335 of the zoning ordinance.

(1) The city council may approve an exception if it finds that a property that is subject to this Chapter is of such size or shape or is subject to or is affected by such topographical conditions, or is to be devoted to such uses that full compliance with this Chapter is impossible or impractical and that the exception is necessary so that substantial justice may be done and the public interest secured. In order to approve an exception request, the city council must also determine that adequate measures will be put in place to protect the integrity of the stream buffer that includes appropriate mitigation of disturbed natural resources.

 

(2) Exceptions must be identified on the preliminary plat or preliminary plan.

 

(3) To recommend or approve an exception, the city plan commission and city council must determine that all of the following conditions exist:

 

a. that there are special circumstances or conditions affecting the property;

 

b. that the exception is necessary for reasonable and acceptable development of the property in question and is not a greater exception than is required to allow reasonable and acceptable development of the subject property; and

 

c. that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the subject property is situated.

 (4) Applicants for an exception must submit a stream buffer exception application and mitigation plan, including any planned mitigation measures, to the city planning and development department. The exception application and/or mitigation plan must include the following:

 a. a written description of the requested exception and the special circumstances or conditions affecting the property that warrant an exception under (1) and (3) above;

 b. a description of all measures taken to avoid or otherwise minimize encroachment into the buffer zone (beyond the extent of encroachment allowed by 65-06(c)(2));

 c. proposed mitigation for any encroachment; and

 d. a preliminary buffer plan, as required by 65-08(d) that clearly displays the location and total acreage of proposed clearing and grading, and the percentage of outer zone area proposed to be cleared. The buffer plan must also include the limits and total acreage of proposed mitigation, and ratio of proposed mitigation to cleared area.

 (5) The department must review the plan for compliance with the stream buffer regulations of this chapter and recommend that the exception request be approved, approved with conditions, or denied. An exception may be recommended for approval when the city planning and development director determines that an exception is warranted, under the provisions of this section, and when the integrity of the stream corridor will be protected through avoidance, minimization and appropriate mitigation measures.

 (6) Disturbed natural resources must also be mitigated in conjunction with 65-08(c). Any additional mitigation beyond that allowed in 65-08(c) must comply with the following criteria. Revegetation or restoration of any portion of the original disturbance counts toward the required mitigation.

 a. Mitigation of outer zone vegetation that is contiguous to the remaining outer zone vegetation must be provided at a ratio of 1.5 units of mitigation area to 1 unit of existing outer zone area.

 b. Mitigation of outer zone vegetation that is not contiguous to the remaining outer zone vegetation but is along the same stream reach must be provided at a ratio of 2 to 1.

 c. Mitigation of outer zone vegetation that is not located along the same stream reach, but is provided within the same watershed, must be provided at a ratio of 2.5 to 1.

 d. Mitigation of outer zone vegetation that is not located in the same watershed must be provided at a ratio of 3 to 1.

e. In all cases, a continuous outer zone vegetation connection of at least 25 feet must be maintained to avoid fragmenting the vegetated area.

 f. Encroachment into the middle or streamside zones or alteration of the stream channel must be mitigated at a ratio of 4 to 1.

 g. The city planning and development director may approve mitigation at city designated locations in lieu of locations owned or controlled by the applicant.

 (7) Utilities may encroach into the streamside zone only when available system connection points physically preclude an alignment farther from the edge of stream, or, in the case of sanitary and storm sewers, when the controlling elevations provide insufficient head for normal system function. Streambanks and natural resource areas affected by allowed encroachments must be stabilized in accordance with the citys Standards, Specifications and Design Criteria, and natural resources must be mitigated in accordance with 65-08(c) and 65-09(c)(6).

 (d) Map Revisions. The city planning and development director is authorized to maintain and periodically update the Kansas City Natural Resource Map to ensure its accuracy. Map updates that add stream reaches or otherwise have the affect of expanding the land area affected by the stream buffer regulations of this chapter must be noticed in the same manner as zoning map amendments (See Development Code/Zoning Ordinance).

 Sec. 65-010. Ownership and responsibility for stream buffers.

 Stream buffers must be established and recorded by the developer or property owner. Particular zones may be established and protected by different methods. One or more of the following methods must be used to provide for the preservation of the stream buffer in perpetuity:

 (a) Drainage or conservation easements;

 (b) Inclusion in a developments common area through a restrictive covenant involving both the city and the property owners association; or

 (c) Dedication to the city with the citys acceptance.

Sec. 65-11. Inspections.

Required stream buffers must be accessible to the directors of city planning and development and public works and their designees to facilitate inspection, construction, maintenance and other activities related to the stream and public infrastructure in the buffer area.

_____________________________________________

 

Approved as to form:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney