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Legislation #: 080770 Introduction Date: 7/24/2008
Type: Ordinance Effective Date: 8/31/2008
Sponsor: COUNCILMEMBER MARCASON
Title: Amending Chapter 80, Code of Ordinances, by enacting Sections 80-209-01 through 80-209-06 which provide for open space and conservation development.

Legislation History
DateMinutesDescription
7/24/2008 Filed by the Clerk's office
7/24/2008 Referred to Planning and Zoning Committee
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
080770 Affidavit of Publication.pdf Other 38K Affidavit of Publication
Adv. 081308 No. 2.pdf Advertise Notice 8K Advertise Notice
080770.pdf Authenticated 364K Authenticated
080770 Compare Comm Sub to Ord.doc Other 124K Compared Version 8-13-08
Storm Con.doc Fact Sheet 1227K Fact Sheet Addendum (PLEASE DISTRIBUTE TO COUNCIL)
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
Adv. 081308 No. 2.pdf Advertise Notice 8K Advertise Notice
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080770 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080770

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080770

 

Amending Chapter 80, Code of Ordinances, by enacting Sections 80-209-01 through 80-209-06 which provide for open space and conservation development.

 

BE ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting new Sections 80-209-01 through 80-209-06, to read as follows:

 

80-209. Open space developments & conservation development.

 

Sec. 80-209-01. Purpose/description.

 

(a) The regulations of this section are intended to encourage subdivision design that is more efficient and provides more open space and greater natural resource protection than conventional development designs. Open space development and conservation development designs allow more compact and less costly networks of roads and utilities. They can also help reduce stormwater run-off and non-point source pollutant loading rates and can be used to preserve an areas semirural character. Open space developments and conservation developments are intended to reduce stormwater runoff and flooding, preserve natural resources, protect water quality and encourage the provision of needed open space and recreational amenities for residents.

 

(b) The open space development and conservation development standards of this section require that a specified portion of each development be set aside and permanently preserved as open space. The primary difference between open space developments and conservation developments is the amount of open space that must be preserved.

 

(c) The required open space area within open space developments or conservation developments can be used to provide recreational opportunities for the subdivisions residents and/or to conserve and protect significant natural resources, such as stream buffers.

 

Sec. 80-209-02. Site area and open space requirements.

 

Open space developments and conservation developments must comply with the minimum site area and minimum open space standards of the following tables:

 

Table 110-2

Lot and Building Standards

 

RA

GPA

R1aa

R1bb

GPR1

R1a

GP6

GPR2

R1b

GP5

R2a

R2b

R3

GP4

R4

R4O

R5

R6

Open Space Development

Overall Site

Min. open space (% of site)

30

30

30

30

30

30

30

30

30


 

Min. area per unit (sq. ft)

72,000

9,000

6,750

5,400

4,500

2,750

1,350

450

270

Lot Size

Min. lot area (sq. ft)

12,000

7,500

6,000

5,400

3,750

3,000

2,500

2,500

2,500

Min. lot width (ft)

100

75

50

45

35

25

25

25

25

Front Setback

Minimum (% lot depth)

20

15

15

15

15

15

15

15

15

Min. garage (% lot depth)

25

25

25

25

25

20

20

20

20

Maximum required (ft)

25

25

25

25

25

20

20

20

20

Rear Setback

Minimum (% lot depth)

25

25

25

25

25

25

25

25

25

Maximum required (ft)

50

30

30

30

30

25

25

25

25

Side Setback

Min. each side (% lot width)

10

10

10

10

10

10

10

10

10

Maximum required (ft)

8

8

8

8

8

8

8

8

8

Min. abutting major street (ft)

15

15

15

15

15

15

15

15

15

Height (ft)

Maximum

35

35

35

35

35

40

45

120

200

 

Conservation Development

Overall Site

Min. open space (% of site)

60

60

60

60

60

60

60

60

60

Min. area per unit (sq. ft)

64,000

8,000

6,000

4,800

4,000

2,000

1,200

400

240

Lot Size

Min. lot area (sq. ft)

9,600

3,200

2,500

2,500

2,500

2,500

2,500

2,500

2,500

Min. lot width (ft)

85

50

45

35

30

25

25

25

25

Front Setback

Minimum (% lot depth)

20

15

15

15

15

15

15

15

15

Min. garage (% lot depth)

25

25

25

25

25

20

20

20

20

Maximum required (ft)

25

25

25

25

25

20

20

20

20

Rear Setback

Minimum (% lot depth)

25

25

25

25

25

25

25

25

25

Maximum required (ft)

50

30

30

30

30

25

25

25

25

Side Setback

Min. each side (% lot width)

10

10

10

10

10

10

10

10

10


 

Maximum required (ft)

8

8

8

8

8

8

8

8

8

Min. abutting major street (ft)

15

15

15

15

15

15

15

15

15

Height (ft)

Maximum

35

35

35

35

35

40

45

120

200

 

Sec. 80-209-03. Lot and building standards.

 

Open space developments and conservation developments must comply with the lot and building standards of the table in 80-209-02 except as expressly stated in this chapter.

 

Sec. 80-209-04. Maximum density and net site area.

 

(a) The maximum number of dwelling units allowed within an open space developments or conservation development is computed by dividing the net area of the site by the applicable minimum-lot-area-per unit standard in the table in 80-209-02. Net site area is to be calculated by subtracting all of the following from the sites gross land area:

 

(1) the streamside zone of required stream buffers Chapter 65;

 

(2) the middle zone of required stream buffers Chapter 65; and

 

(3) water bodies with a contiguous area of more than 5,000 square feet.

 

(b) If the open space developments or conservation development site (subdivision) is located in more than one zoning district, the maximum number of dwelling units allowed must be determined separately for each portion of the site lying within a different zoning district. Density may be transferred from one portion of the site to another, provided that such transfers do not result in an increase in the number of dwelling units allowed on the overall site.

 

Sec. 80-209-05. General development design.

 

(a) Open space developments and conservation developments are subject to all other subdivision design and improvement standards of this chapter unless otherwise expressly stated.

 

(b) Lots and development sites within open space developments and conservation developments must, to the maximum extent practical, be located outside of areas containing woodlands, grasslands, surface waters, steep slopes drainageways, rock outcroppings and other natural resource features.

 

(c) Impervious areas must be limited and, to the maximum extent practical, be sited and designed to minimize stormwater runoff impact to the watersheds receiving waters by:

 

(1) minimizing concentrated stormwater flow;

 

(2) breaking up or disconnecting large areas of impervious surface into smaller areas;

 

(3) maximizing the use of sheet flow through vegetated areas; and

 

(4) maximizing the flow length through vegetated areas.

 

Sec. 80-209-06. Open space.

 

(a) General. Open space provided to meet minimum open space requirements must be in one or more parcels dedicated or otherwise protected as permanent, active or passive open space. Any city-accepted parkland or open space area under Section 66-128 will be counted towards meeting minimum open space standards.

 

(b) Use, location and design.

 

(1) Open space must be dedicated or reserved for one or more of the following uses:

 

a. conservation of, and avoidance of development in, any readily identifiable natural hazard areas, i.e., areas that potentially pose a significant hazard to people or property (e.g., drainageways, wetlands, and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when disturbed by development activities);

 

b. conservation and protection of mature riparian vegetation within the outer zone of a stream buffer (see Chapter 65);

 

c. conservation and protection of any identified significant natural areas (e.g., rare plant communities and wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems;

 

d. conservation and protection of any identified significant historic or cultural resources; or

 

e. provision of active and/or passive outdoor recreation opportunities (e.g., ball fields, playgrounds, tennis courts, swimming pools, basketball courts, golf courses, bikeways, walking trails, nature trails, and picnic areas), either for the general public or for the subdivisions residents or employees and their guests. (Note: this provision is not intended to preclude a membership requirement or monetary charge for use of recreation facilities such as a golf, swim or tennis club, as long as subdivision residents have an opportunity to join the club or pay to use club facilities.)

 

(2) Highest priority for the location, design, and use of open space must be given to conserving, and avoiding development in, any natural hazard areas (see Section 65-03) on the site.

 

(3) Open space may contain active recreation areas (e.g., golf courses) and only such buildings, structures, accessways and parking facilities as are necessary and accessory to its principal uses (e.g., pedestrian paths, recreational club houses, utility lines, driveways, parking areas). All active recreation areas, permanent structures and impervious surfaces must be of a low-impact design, and management practices must be instituted to protect and enhance the natural character and function of the open space. Such development requires:

 

a. a tree and native vegetation preservation plan that limits site disturbance to the minimum required for construction and protects mature vegetation areas from degradation;

 

b. landscaping using native or naturalized plant species;

 

c. low-input, natural vegetation management practices; and

 

d. stormwater best management practices.

 

(4) Open space areas may be used for stormwater management in accordance with the citys Standards, Specifications and Design Criteria and the citys Manual of Best Management Practices for Stormwater Quality.

(5) Open space areas may not be used for irrigation of reclaimed wastewater.

 

(6) The location, size, character and shape of required open space must be appropriate for its intended use (e.g., open space proposed to be used for recreation, particularly active recreation, should be located and designed so that it can be accessed conveniently and safely by intended users, and open space to be used for ball fields, playing fields or other active recreational facilities should be located on land that is relatively flat and dry).

 

(c) Ownership and management of open space.

 

(1) The applicant must identify the owner of the open space. The designated owner and the owners successors are responsible for maintaining the open space and any associated facilities. If a property owners association is the owner, membership in the association is mandatory and automatic for all property owners of the subdivision and their successors. If a property owners association is the owner, the property owners association must have lien authority to ensure collection of dues from all members.

 

(2) The applicant must submit a management plan for the open space and all common areas. The management plan must:

 

a. allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements;

 

b. estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;

 

c. provide that any changes to the management plan be approved by the plats review committee (see Section 66-41); and

 

d. provide for enforcement of the management plan.

 

(3) In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance, plus any administrative costs and penalties, may be charged to the owner, property owner association, or to the individual property owners that make up the property owners association. Unpaid costs will become a lien on all subdivision properties.

 

(d) Boundary markers.

 

(1) Boundary markers must be put in place clearly marking required open space areas 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 area 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 existing vegetation to be preserved in the permanent open space area. This fencing must be maintained throughout the construction process.

 

(4) Permanent signs must be placed at the edge of the permanent open space. as follows:

 

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

 

b. For multiple lots located along an open space set-aside, signs must be located at the intersection of every other lot line along the open space.

 

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

 

(5) Required signs must read: Permanent Open Space Set-Aside Do Not Disturb (City Code Section 80-209-06), with the sign message located approximately 4 feet above the ground. No other message shall be on the sign. Signs must be maintained and remain legible at all times.

 

(e) Legal instrument for permanent protection.

 

(1) The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:

 

a. a permanent conservation easement in favor of either:

 

1. a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions;

 

2. a governmental entity (if the entity accepting the easement is not the city, then a third right of enforcement favoring the city must be included in the easement);

 

b. an open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

 

c. an equivalent legal tool that provides permanent protection, as approved by the city attorney.

 

(2) The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the open space.

 

_____________________________________________

 

Approved as to form and legality:

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney