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Legislation #: 170957 Introduction Date: 11/30/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JUSTUS
Title: Amending Chapter 88, Zoning and Development Code, by revising subsection 88-580-01-A, Application Filing, to except projects that have been approved by the Council and have applied for a permit, from the interim control requirement in the historic designation provisions.

Legislation History
DateMinutesDescription
11/30/2017 Filed by the Clerk's office
11/30/2017 Referred to Planning, Zoning & Economic Development Committee
12/6/2017 Advance and Do Pass as a Committee Substitute, Debate
12/7/2017 Councilmember Taylor (Second by Barnes Jr.) Move to Amend
12/7/2017 Councilmember Taylor (Second by Barnes Jr.) Move to Advance
12/7/2017 Passed as Substituted and Amended

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170957, AS AMENDED

 

Amending Chapter 88, Zoning and Development Code, by revising subsection 88-580-01-A, Application Filing, to except projects that have been approved by the Council and have applied for a permit, from the interim control requirement in the historic designation provisions.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Subsection 88-580-01-A, which is the application filing provision that is part of the historic preservation requirements of the Zoning and Development Code, is repealed and a new subsection of like number and title is hereby enacted, to except projects approved by the City Council within the previous twenty-four months from the interim control provisions triggered by a historic designation application, said new subsection to read as follows:

 

88-580-01-A.     APPLICATION FILING

1.                  Applications for designation of historic districts, landmarks, or overlay zoning districts (collectively referenced as HO districts) may be made by the owner(s) of record of the subject property, any other person or organization with the full consent and written approval of the owner(s) of record of a subject property, a member of the historic preservation commission, a member of the city council, the neighborhood association for the area in which that property is located, a historic preservation organization, or any other person or organization where at least 51% of the owners of the affected parcels in a proposed district do not object to the nomination (exclusive of all publicly owned property, streets, and alleys).

 

2.                  Complete applications for designation of HO districts must be filed in the office of the historic preservation commission. Applications must contain a legal description of the property and a statement describing its historic, cultural, aesthetic, or architectural significance.

 

3.                  The city planning and development director shall notify the owner of any property within a proposed HO district application, if such person is different than the applicant. This notification shall be done within 14 calendar days of the application date for the HO district nomination. The notification of the property owner shall include the following:

a.                   a copy of the application that was made for the nomination;

 

b.                  an explanation of the nomination procedure for HO district and the consequential property restrictions;

 

c.                   an explanation stating that the property owner has the right to appear at the scheduled public hearing at which the nomination will be considered and the date of the hearing; and

 

d.                  an explanation stating that the property owner has the right to submit documentation either for or against the nomination.

 

4.                  Interim Control

Once an application has been filed, no building permit for alteration, construction, demolition, or removal of a property being considered for designation under an application for an HO district may be issued until the historic preservation commission has dismissed or denied the application for designation, or until the city council has denied designation in accordance with the procedures established in 88-580-01-C. and 88-580-01-E., though no stay on the issuance of a permit may be for more than six months from the filing of the application. No permit may be stayed in the following circumstances:

a.                   The building has been declared dangerous according to the procedures established in Chapter 56, Article V.

 

b.                  The director of city planning and development determines that the property does not meet the minimum requirements for historic designation under 88-580-01-F. and under the rules and regulations of the historic preservation commission. An applicant or owner may appeal the director's determination to the historic preservation commission at the next regular or special meeting. If the commission determines that there is merit to the application by a majority vote of those present, then the application will proceed under the procedures set in 88-580-01.

 

 

    1. A development plan or preliminary development plan has been approved by the City Council for the property and application has been made for any permit to carry out the development prior to the application for an HO district for that property.

 

 

During this period of interim control, the applicant for the permit or property owner shall have the opportunity to explain to the historic preservation commission the reasons why a building permit should be issued promptly, and the commission may grant approval for a building permit in this interim period. Additionally, the city council may authorize such alteration, construction, demolition, or removal by adopting a formal resolution declaring that the proposed work is necessary for the public health, welfare, or safety.

 


 

5.                  Consideration of Application

The historic preservation commission must hold a public hearing on the proposed nomination within 45 days of receipt of the application and must render a decision concerning the merits of the application within 90 days of the receipt of the application, which may be extended with the agreement of the owner of the property.

 

6.                  The director of city planning and development may extend any of the time limits in this section 88-580-01-A. for up to 90 additional days for good cause shown.   

 

_____________________________________________

 

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 formand legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Deputy City Attorney