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Legislation #: 190502 Introduction Date: 6/20/2019
Type: Ordinance Effective Date: 10/1/2019
Sponsor: None
Title: Amending Chapter 88, Zoning and Development Code, by adding a new section to be known as Section 88-505-12, Public Engagement, to codify expectations as it relates to public engagement for certain types of development projects; and providing for a delayed effective date.

Legislation History
DateMinutesDescription
6/20/2019 Filed by the Clerk's office
6/20/2019 Referred to Planning, Zoning & Economic Development Committee
6/26/2019 Advance and Do Pass as a Committee Substitute, Debate
6/27/2019 Passed as Substituted

View Attachments
FileTypeSizeDescription
190502.pdf Authenticated 181K Authenticated
190502.pptx Other 267K Presentation
Fact Sheet_88-505-12_Public Engagement.docx Fact Sheet 25K Updated Factsheet
Fact Sheet_88-505-12_Public Engagement.docx Fact Sheet 25K Factsheet
06-18-19 CPC Power Point_JH.pptx Other 2813K City Plan Commission Presentation, June 18
01_CD-CPC-2019-00036_Public Engagement Text Amendment_Staff Report.pdf Staff Report 160K City Plan Commission Staff Report, June 18
Public Engagement Amendment Roadshow.pdf Related Documents 384K Presentation Given to Stakeholders during ordinance development
CPC Staff Report_4.16.19.pdf Staff Report 62K City Plan Commission Staff Report, April 16
CPC Staff Report_6.4.19_Public Engagement.pdf Staff Report 403K City Plan Commission Staff Report, June 4
CPC Staff Report_5.21.19_Public Engagement.pdf Staff Report 399K City Plan Commission Staff Report, May 21

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190502

 

Amending Chapter 88, Zoning and Development Code, by adding a new section to be known as Section 88-505-12, Public Engagement, to codify expectations as it relates to public engagement for certain types of development projects; and providing for a delayed effective date.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Zoning and Development Code, be amended by adding a new section to be known as Section 88-505-12, Public Engagement, to read as follows:

 

88-505-12. Public Engagement

88-505-12-A. Purpose.

The public engagement process described in this section provides a framework for the notification and meeting process for applicants and registered neighborhood/civic organizations and nearby property owners to provide an opportunity for applicants to provide information and answer questions and hear any concerns about a land use development proposal which may impact the adjacent area.

 

88-505-12-B. Applicability.

The public engagement process described in this section is required in conjunction with the following application types and major amendments to said application types:

 

1.                  88-515 Zoning Map Amendments, including

 

a.       88-260 Urban Redevelopment Districts

 

b.      88-520 Master Planned Developments

 

2.                  88-517 Development Plan Approvals

 

3.                  88-260 UR Preliminary Development Plans and 88-520 MPD Preliminary Development Plans

 

4.                  88-525 Special Use Permits

 

5.                  88-545 Preliminary Plats

 

88-505-12-C. Public Engagement Process

1. If a subject property is located within the boundaries of only one registered neighborhood organization or civic organization, the applicant shall send notice of application to that registered neighborhood organization or civic organization prior to facilitating the required public meeting.

 

The notice must be sent not later than seven calendar days after filing any application referenced in 88-505-12B by non-signature certified mail and email (if available) to the contact of record on the City’s website of registered neighborhood and civic organizations. Notification shall occur on the form provided by the city planning and development director. The notice shall describe the application and provide the recipient with the option to host a meeting on the application. A copy of the notice shall be provided to the city planning and development department. The registered neighborhood and/or civic organization shall respond to the applicant and city staff in writing, via email within 10 calendar days of the postmark date of the notice or date of electronic transmission to confirm which party will host a public meeting, as well as the date, time and location of the meeting.

 

2. If a subject property is located within the boundaries of more than one registered neighborhood organization or civic organization, or is not located within the boundaries of any registered neighborhood and/or civic organization, the applicant shall hold a meeting in accordance with the criteria in 88-505-12-C-3.

 

3.                  Required Public Meeting

a. At least one public meeting shall be required for all application types listed in 88-505-12-B and must meet the following criteria:

 

                                                                                            i.                        be held at least seven calendar days prior to the first scheduled public hearing;

 

                                                                                          ii.                        be open to the public and hosted in an accessible building as defined by the Americans with Disabilities Act;

 

                                                                                        iii.                        not be located in the applicant’s office or any place of business affiliated with the applicant;

 

                                                                                        iv.                        not be located in a residential unit;

 

                                                                                          v.                        be held at a time outside of normal business hours (normal business hours are defined as 9:00am to 5:00pm, Mondays through Friday), unless otherwise agreed to by the applicant and the registered neighborhood and/or civic organizations; and

 

                                                                                        vi.                        be located within three miles of the subject property unless there is no public building with accessible space located within three miles of the subject property, and agreed to by the registered neighborhood and/or civic organizations.

 

Although additional meetings may be held, the applicant is not required to follow the criteria set out above.

 

b. Required Public Meeting Notice

Notice of the required public meeting shall be sent via regular mail, in the form provided by the city planning and development director, to all property owners within 300 feet of the subject property and to each contact of record for the registered neighborhood and/or civic organizations whose boundaries include the subject property. Said notice shall be postmarked a minimum of ten calendar days prior to the required public meeting date. A copy of said notice shall also be provided to the city planning and development department by the same date or the case will be removed from the docket by staff.

c. Meeting Information Required

The applicant shall provide to the city planning and development department documentation of the required public meeting including date, time, location, and a copy of the attendance sheet, in the form provided by the city planning and development director. Said documentation shall be provided to the city planning and development department at least six calendar days prior to the first scheduled public hearing.

 

A summary may be provided to city planning and development staff by the applicant or any attendee; it must be received at least six calendar days prior to the first scheduled public hearing. Anyone wishing to submit written testimony to the Board of Zoning Adjustment is advised to comply with the Rules and Regulations of the Board of Zoning Adjustment, and the admission of any such testimony is subject to the discretion of the Board of Zoning Adjustment.

 

88-505-12-D Failure to Comply

Failure to comply with anything required in this section may be cause for continuance by the City Plan Commission.

 

Section B. That this ordinance shall become effective October 1, 2019.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney