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Legislation #: 150313 Introduction Date: 4/23/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, the Zoning and Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning _ Development Code periodic review. (254-S-298 and 254-S-299).

Legislation History
DateMinutesDescription
4/23/2015 Filed by the Clerk's office
4/23/2015 Referred to Planning, Zoning & Economic Development Committee
4/29/2015 Advance and Do Pass, Debate
4/30/2015 Passed

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254S298 and 254S299 FACT SHEET.pdf Fact Sheet 211K fact sheet 1 of 2
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ORDINANCE NO. 150313

 

Amending Chapter 88, the Zoning and Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning & Development Code periodic review. (254-S-298 and 254-S-299).

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Zoning and Development Code, is hereby amended by repealing and reenacting with like number and title Table 120-1 of Section 88-120-03, Section 88-120-07, Table 130-1 of Section 88-130-03, Section 88-130-06, Table 140-1 of Section 88-140-03, Section 88-270-02-A, Section 88-385-03, Section 88-425-12, Section 88-430-06-A, Section 88-517-06, Section 88-520, Section 88-545-04, Section 88-545-05, Section 88-555, Section 88-620-B.3, and Section 88-805-04-L with the revised sections that are reenacted herein are to read as follows:

 

Table 120-1     OFFICE, BUSINESS, AND COMMERCIAL DISTRICTS USE TABLE

 

Table 120-1
Office, Business and Commercial Districts Use Table

U S E   G R O U P
(refer to 88-805 Use Groups and Categories)

Z O N I N G   D I STR I C T

Use
Standards

Use Category
  » specific use type

O

B1

B2

B3

B4

R E S I D E N T I A L

Household Living

   » In single-purpose residential building

P

P

P

P

 

   » In mixed use building

P

P

P

P

P

 

Group Living

P

P

P

P

P

 

P U B L I C / C I V I C

Bicycle Sharing Facilities

P

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

P

P

P

 

College/University

P

P

P

P

P

 

Day Care

   » Home-based (1–5)

P

P

P

P

P

 

   » Family (up to 10)

P

P

P

P

P

 

   » Group (up to 20)

P

P

P

P

P

 

   » Center (21+)

P

P

P

P

P

 

Hospital

S

P

P

P

P

 

Library/Museum/Cultural Exhibit

P

P

P

P

P

 

Park/Recreation

P

P

P

P

P

 

Religious Assembly

P

P

P

P

P

 

Safety Service

   » Fire station

P

P

P

P

P

 

   » Police station

P

P

P

P

P

 

   » Ambulance service

S

S

S

P

P

 

School

P

P

P

P

P

 

Utilities and Services (except as noted below)

S

S

S

S

S

 

   » Basic, minor

P

P

P

P

P

88-425-08-B 

C O M M E R C I A L

Adult Business

   » Adult media store

P

P

P

88-310-03

   » Adult motion picture theater

P

P

88-310-02

   » Sex shop

P

P

88-310-02

Animal Service

   » Sales and grooming

P

P

P

P

88-315

   » Shelter or boarding

P

P

P

88-315

   » Veterinary

P

P

P

88-315

   » Stable

S

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P

 

Business Equipment Sales and Service

P

P

P

 

Business Support Service (except as noted
below)

P

P

P

 

   » Day labor employment agency

S

88-331

Communications Service Establishments

P

P

P

P

 

Drive-Through Facility

P

P

P

88-340

Eating and Drinking Establishments (except as
noted below)

P

P

P

P

P

 

   » Tavern or nightclub

P

P

P

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

P

 

   » Indoor medium venue (150–499 capacity)

S

P

P

 

   » Indoor large venue (500+ capacity)

S

P

 

   » Outdoor (all sizes)

S

P

 

Financial Services (except as noted below)

S

P

P

P

P

 

   » Short-term loan establishment

P

P

P

88-325

   » Pawn shop

S

S

P

 

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

S

S

S

S

S

88-345

   » Cremating

S

S

S

S

88-345-02

   » Undertaking

S

P

P

P

88-345

Gasoline and Fuel Sales

S

S

S

P

 

Lodging

   » Bed and Breakfast

P

P

P

P

 

   » Hotel/motel

P

P

 

   » Recreational vehicle park

S

S

 

Office, Administrative, Professional or General

P

P

P

P

P

 

Office, Medical

P

P

P

P

P

 

   » Blood/plasma center

S

S

 

Parking, Non-accessory

S

P

P

 

Personal Improvement Service

P

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

P

 

Research Service

P

P

P

P

P

 

Retail Sales

P

P

P

P

 

Reuse of officially designated historic landmark
(local or national)

P/S

P/S

P/S

P/S

P/S

 

Sports and Recreation, Participant

   » Indoor

P

P

P

P

 

   » Outdoor

P

P

 

Vehicle Sales and Service (except as noted below)

– 

– 

– 

 

   » Car wash/cleaning service

S

P

P

 

   » Heavy equipment sales/rental

S

P

 

   » Light equipment sales/rental (indoor)

P

P

P

 

   » Light equipment sales/rental (outdoor)

S

S

P

 

   » Motor vehicle repair, limited

S

P

P

 

   » Motor vehicle repair, general

S

P

 

   » Vehicle storage/towing

P

88-375

I N D U S T R I A L  

Manufacturing, Production and Industrial Service

   » Artisan

P

 

   » Limited

S

 

   » General

S

 

Outdoor Storage 

 –

– 

 P 

Recycling Service

   » Limited

S

 

Residential Storage Warehouse

-

P

 

Warehousing, Wholesaling, Freight Movement

  » Indoor

P

 

  » Outdoor

 

A G R I C U L T U R A L

Agriculture, Crop

P

P

P

P

P

88-312-01

Agriculture, Animal

P/*

P/*

P/*

P/*

P/*

*Chapter 14

Agriculture, Urban

  » Home Garden

P

P

P

P

P

88-312-02-A

  » Community Garden

P

P

P

P

P

88-312-02-B

  » Community Supported Agriculture
   (CSA) Farm

P

P

P

P

P

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P

P

P

88-385

   » Co-located antenna

P

P

P

P

P

88-385

 

88-120-07 - GROUND-FLOOR COMMERCIAL FLOOR SPACE

Only buildings that comply with the following requirements are allowed to use the mixed-use building density and height requirements of Table 120-2:

88-120-07-A. In all O and B districts, for new construction (not including rehabilitation or renovation), the minimum floor-to-ceiling height of all ground floor space in the building must be at least 13 feet.

 

88-120-07-B.     Commercial and other nonresidential uses allowed in the subject zoning districts must occupy at least 800 square feet or 50% of the building's ground floor area, whichever is greater.

 

Table 130-1 DOWNTOWN DISTRICTS USE TABLE

 

Table 130-1
Downtown Districts Use Table

U S E    G R O U P
(refer to 88-805 Use Groups and Categories)

Zoning District

Use Standard

Use Category
 » specific use type

DC

DX

DR

R E S I D E N T I A L

Household Living

   » In single-purpose residential building

P

P

P

 

» In mixed use building

P

P

P

 

Group Living

S

S

S

 

P U B L I C / C I V I C

Bicycle Sharing Facilities

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

P

 

College/University

P

P

P

 

Day Care

   » Home-based (1–5)

P

P

P

 

   » Family (up to 10)

P

P

P

 

   » Group (up to 20)

P

P

S

 

   » Center (21+)

P

P

S

 

Hospital

S

S

S

 

Library/Museum/Cultural Exhibit

P

P

P

 

Park/Recreation (except as noted below)

P

P

P

 

   » Community center

P

P

P/S

88-365

Religious Assembly

P

P

P

 

Safety Service

P

P

P/S

88-365

School

P

P

P/S

88-365

Utilities and Services (except as noted below)

S

S

S

 

   » Basic, minor

P

P

P

88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P

P

88-310-03

   » Adult motion picture theater

P

P

88-310-02

   » Sex shop

P

P

88-310-02

Animal Service

   » Sales and grooming

P

P

88-315

   » Shelter or boarding

P

P

88-315

   » Veterinary

P

P

88-315

   » Stable

S

88-315

Artist Work or Sales Space

P

P

P

 

Building Maintenance Service

P

P

 

Business Equipment Sales and Service

P

P

 

Business Support Service (except as noted below)

P

P

 

   » Day labor employment agency

S

 

Communications Service Establishments

P

P

 

Drive-Through Facility

S

S

88-340

Eating and Drinking Establishments (except
as noted below)

P

P

P

 

   » Tavern or nightclub

P

P

S

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

P

 

   » Indoor medium venue (150–499 capacity)

P

P

S

 

   » Indoor large venue (500+ capacity)

S

S

S

 

   » Outdoor (all sizes)

S

S

S

 

Financial Services (except as noted below)

P

P

P

 

   » Short-term loan establishment

P

88-325

   » Pawn shop

S

 

Food and Beverage Retail Sales

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

 

   » Undertaking

P

P

88-345

Gasoline and Fuel Sales

S

S

 

Lodging

   » Bed and Breakfast

P

P

P

 

   » Hotel/motel

P

P

S

 

Office, Administrative, Professional or General

P

P

P

 

Office, Medical

P

P

 

   » Blood/plasma center

S

S

 

Parking, Non-accessory

S

S

S

 

Personal Improvement Service

P

P

P

 

Repair or Laundry Service, Consumer

P

P

S

 

Research Service

P

P

 

Retail Sales

P

P

P

 

Sports and Recreation, Participant

   » Indoor

P

P

S

 

   » Outdoor

S

S

S

 

Vehicle Sales and Service (except as noted below)

S

S

 

   » Car wash/cleaning service

S

S

 

   » Heavy equipment sales/rental

S

 

   » Light equipment sales/rental (indoor)

S

S

 

   » Light equipment sales/rental (outdoor)

S

S

 

   » Motor vehicle repair, limited

S

S

 

   » Motor vehicle repair, general

S

 

   » Vehicle storage/towing

S

88-375

I N D U S T R I A L

Manufacturing, Production and Industrial Service

   » Artisan

P

P

 

   » Limited

S

S

 

   » General

S

 

Recycling Service

   » Limited

S

 

Residential Storage Warehouse

S

 

Warehousing, Wholesaling, Freight Movement

   » Indoor

S

S

 

   » Outdoor

S

 

A G R I C U L T U R A L

Agriculture, Crop

P

P

P

88-312-01

Agriculture, Animal

P/*

Chapter 14

Agriculture, Urban

   » Home Garden

P

P

P

88-312-02-A

   » Community Garden

P

P

P

88-312-02-B

   » Community Supported Agriculture (CSA) Farm

P

P

P

88-312-02-C

A C C E S S O R Y

Wireless Communication Facility

   » Freestanding

 

   » Co-located antenna

P

P

P

88-385

 

88-130-06 - GROUND-FLOOR COMMERCIAL FLOOR SPACE

In all D districts, for new construction (not including rehabilitation or renovation), the minimum floor-to-ceiling height of all ground floor space, other than allowed residential floor space or parking areas, must be at least 13 feet and contain the following minimum floor area:

88-130-06-A. at least 800 square feet or 25% of the lot area (whichever is greater) on lots with lot frontage of less than 50 feet (as measured along the shorter lot frontage on lots containing multiple frontages); or

 

88-130-06-B. at least 20% of the lot area on lots with 50 feet of lot frontage or more (as measured along the shorter lot frontage on lots containing multiple frontages).

 


 

Table 140-1     MANUFACTURING DISTRICTS USE TABLE

 

Table 140-1
Manufacturing Districts Use Table

U S E   G R O U P
(refer to 88-805 Use Groups and Categories)

Zoning District

  Use Standards

Use Category  
  » specific use type

M1

M2

M3

M4

R E S I D E N T I A L

Household Living

  » Single-family home

S

 

  » In single-purpose residential building

P

S

 

  » In mixed use building

P

S

 

Group living

S

 

P U B L I C / C I V I C

Bicycle Sharing Facility

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

 

College/University

P

P

 

Day Care

P

P

S

S

 

Detention and Correctional Facilities

S

S

S

S

88-335

Halfway House

S

S

S

S

88-352

Hospital

P

 

Park/Recreation

P

P

P

P

 

Religious Assembly

P

P

P

P

 

Safety Service

P

P

P

P

 

Schools

 P

 

Utilities and Services (except as noted below)

S

S

S

S

 

   » Basic, minor

P

P

P

P

88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P

P

P

P

88-310

   » Adult motion picture theater

P

P

P

P

88-310

   » Sex shop

P

P

P

P

88-310

Animal Service

P

P

P

P

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P

P

P

 

Business Equipment Sales and Service

P

P

P

P

 

Business Support Service(except as noted below)

P

P

P

P

 

   » Day labor employment agency

S

S

P

P

 

Communications Service Establishments

P

P

P

P

 

Drive-through Facility

P

P

 

Eating and Drinking Establishments

P

P

P

P

 

Entertainment and Spectator Sports

P

S

S

 

Financial Services

P

S

S

S

 

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

P

P

P

P

 

   » Undertaking

P

P

P

P

 

Gasoline and Fuel Sales

P

P

P

P

 

Office, Administrative, Professional or General

P

P

P

P

 

Office, Medical

P

P

 

Parking, Non-accessory

P

P

P

P

 

Personal Improvement Service

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

 

Research Service

P

P

P

P

 

Retail Sales

P

P

P

P

 

Sports and Recreation, Participant

P

S

S

 

Vehicle Sales and Service(except as noted below)

P

P

P

P

 

   » Light equipment sales/rental (indoor)

P

P

 

   » Light equipment sales/rental (outdoor)

P

P

 

I N D U S T R I A L

Junk/Salvage Yard

S

P

88-425-09

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

P

 

   » Limited

P

P

P

P

 

   » General

S

P

P

P

 

   » Intensive

P

P

 

Mining/Quarrying

S

S

S

S

88-355

Outdoor Storage

P

P

P

P

88-435-03

Recycling Service

   » Limited

P

P

P

P

 

   » General

S

S

S

P

 

Residential Storage Warehouse

P

P

P

 

Warehousing, Wholesaling, Freight Movement

   » Indoor

P

P

P

P

 

   » Outdoor

S

P

 

Waste-Related Use

   » Composting facility

S

S

S

S

88-328

   » Demolition debris landfill

S

S

S

S

88-380

   » Solid waste separation facility

S

S

88-380

   » Transfer station

S

S

88-380

A G R I C U L T U R A L

Agriculture, Crop

P

P

P

P

 88-312-01

Agriculture, Animal

P/*

P/*

P/*

P/*

Chapter 14

Agriculture, Urban

   » Home garden

P

P

P

P

88-312-02-A

   » Community garden

P

P

P

P

88-312-02-B

   » Community supported agriculture (CSA) farm

P

P

P

P

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P

P

P

P

88-385

   » Co-located antenna

P

P

P

P

88-385

 

88-270-02-A. USES PERMITTED SUBJECT TO SITE PLAN APPROVAL

The following uses are permitted as-of-right in the AG-R district, subject to site plan review and approval in accordance with 88-530.

1.                  Utilities and Services

 

2.                  Funeral and Interment Service (cemetery/columbarium/mausoleum only)

 

3.                  School

 

4.                  Religious Assembly

 

5.                  Park/Recreation

 

6.                  Sports and Recreation, Participant (Outdoor)

 

7.                  Entertainment and Spectator Sports

 

8.                  Lodging (camp grounds only)

 

9.                  Animal Service (veterinary only)

 

10.              Horticultural services

 

11.              Nurseries for trees, plants, and shrubs including retail sale when grown on the premises

 

12.              Mining and quarrying, subject to 88-355 (asphalt plants and concrete mixing plants may be allowed as accessory uses)

 

13.              Wireless communication facilities, subject to 88-385.

 

88-385-03 SITE PLAN

When seeking a building permit, an applicant must submit a site plan showing the conditions required by this article, and other applicable regulations, including Chapter 18, "Building and Rehabilitation Code", Code of Ordinances, and Chapter 2, Article VI, Division 8, "Historic Preservation Commission," Code of Ordinances.

 

88-425-12 LANDSCAPE PLANS

Landscape plans must accompany all required development and site plans, site plans for special use permit, and final development plans in Districts MPD and UR. All landscaping plans must be sealed and certified by a registered landscape architect licensed in the State of Missouri and include information as required by city planning and development department staff.

 

88-430-06-A. WHEN REQUIRED

An outdoor lighting plan must be submitted as part of any special use or development plan application. The lighting plan must be reviewed to determine whether the proposed outdoor lighting complies with the standards of this article.

 

88-517-06 - APPLICATION FILING

Complete applications for development plan review must be filed with appropriate personnel in the city planning and development department. A complete application will include the following plan information:

1. Name of the development.

 

2. Name, address, and phone number of person or firm that prepared the plan.

 

3. Date plan prepared and any revision dates.

 

4. Graphic and written scale of one inch equals 10-60 or 100 feet. A scale of one inch equals 200 feet may be used for applications consisting of over 200 acres.

 

5. A legal description of the property.

 

6. North arrow.

 

7. A location map identifying boundaries of property in relation to major streets.

 

8. Existing property lines identifying point of beginning and distances and bearings of property lines, consistent with the legal description.

 

9. Identification and written dimensions of the width from centerline and total width of existing perimeter and interior streets, other rights-of-way, and all existing easements.

 

10. Identification and written dimensions of the total width of pavement of existing streets.

 

11. Existing medians within the public right-of-way shall be shown including turn lanes and all other pertinent information within the right-of-way to provide a complete understanding of existing conditions.

 

12. Identification and written dimensions of additional street right-of-way to be dedicated and width of any proposed interior streets and easements (reference Major Street Plan).

 

13. Location and written dimensions of the widths of existing or proposed private vehicular access into the property from perimeter streets and location of existing or approved accesses on properties adjacent or opposite the property, with off-set dimension from the centerlines of such streets and private access.

 

14. Show existing conditions of surrounding property within 300'.

 

15. Name of adjacent platted subdivision and identification of lot number and tracts.

 

16. Location, identification, and dimension of proposed lots and tracts.

 

17. Location of proposed buildings and structures and existing buildings and structures to remain, with written dimensions of setback from proposed street right-of-way and adjacent property lines, dimensions of building width and length, number of floors, gross floor area per floor, and total building area. Residential buildings shall identify, in addition, the number of dwelling units per floor and the total number of dwelling units.

 

18. Identification of proposed or existing use or uses within each building, building entrances and exits, docks or other service entrances, outdoor storage and sales areas, and other paved areas.

 

19. Location of proposed or existing parking spaces, aisles, and drives with written setback dimensions from proposed street rights-of-way and adjacent property lines; typical width and length of parking spaces; number of parking spaces per row; and width of parking aisles. (Parking and Loading - 88-420)

 

20. Location and identification of boundaries and phase numbers of the development if proposed to be platted or developed in phases, showing the buildings, structures, access, and parking areas in each phase.

 

21. Existing and proposed topography, with contours at an interval of not less than 5 feet and with approximate first floor elevations of buildings and top of wall and bottom of wall for all retaining walls proposed.

 

22. Location and identification of any proposed and any existing site features to be retained, including detention areas, retaining walls, and other pertinent site features. Retaining walls should include materials and top and bottom of wall heights.

 

23. A plan for landscaping & screening (88-425); outdoor lighting including fixture design (88-430)

 

24. Identification of all public and private existing and proposed sidewalks, trails and/or bicycle facilities. (see Trails KC and Bike KC plans)

 

25. Building elevations, in color, with materials and architectural detailing.

 

26. Signage plan (88-445).

 

27. Written information shall be provided in the following order on the plan and in tabular form for each phase and in total. The plan shall identify buildings, phases of development, and other graphic information by numbers or letters to allow easy reference to the following information:

 

a. Existing zoning of property and any proposed zoning, including type of any planned district requested.

 

b. Total land area in square feet or acre.

 

c. Land area or acres for existing and proposed street right-of-way.

 

d. Net land area or acres.

 

e. Proposed use or uses of each building and structure.

 

f. Height above grade of buildings and structures and number of floors of each building.

 

g. Gross floor area per floor and total for each building. Residential buildings shall also include type of dwelling units, number of dwelling units per floor, and total number of dwelling units.

 

h. Building coverage and floor area ratio.

 

i. Residential development shall, in addition, identify gross and net density.

 

j. Ratio of required number of parking spaces for each use and amount of required, proposed parking spaces.

 

k. Ratio of required number of short term and long term bicycle parking spaces for each use and amount of required, proposed short term and long term bicycle parking spaces.

 

l. Commencement and completion dates for each phase, if any.

 

m. Applications for amendments to development plans shall include a written description of the changes to the approved development plan, including any changes in use, phases, parking, signage, or site arrangement.

 

28. Any other information necessary for a determination as to the suitability of the plan for the site, as requested by the Director of City Planning and Development.

 

The Director of City Planning and Development has the ability to waive any of the above listed plan requirements upon written request and for good cause shown.

 

88-520 - MASTER PLANNED DEVELOPMENTS

 

88-520-01 - OVERVIEW

Master planned development (MPD) zoning districts are established through the approval of a zoning map amendment in accordance with 88-515. MPD zoning map amendments must be accompanied by a preliminary development plan. Submission of a final development plan for review and approval by the City Plan Commission is required after approval of the zoning map amendment and preliminary development plan. This article sets forth the required review and approval procedures for MPD preliminary and final development plans.

 

88-520-02 - PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL REQUIRED

Approval of MPD preliminary and final development plans must occur before any building permit is issued and before any development takes place in a MPD district. Permits may be issued for a development phase if a preliminary development plan has been approved for the entire MPD and a final development plan has been approved for the subject phase. Signage may be approved either through the MPD development plan or concurrently through a Council Approved Signage Plan.

 

88-520-03 - PRELIMINARY DEVELOPMENT PLANS

At the option of the applicant, the preliminary development plan may serve also as the preliminary subdivision plat if such intention is declared before the city plan commission's hearing and if the plans include all information required for preliminary plats and preliminary development plans.

 

88-520-03-A. PREAPPLICATION CONSULTATION

A preapplication consultation is required prior to the filing of an MPD preliminary development plan application, in accordance with 88-505-02.

 

88-520-03-B. APPLICATION FILING

An application to establish the MPD district must be accompanied by a preliminary development plan that includes information as required by the city planning and development department staff. The application must be filed with appropriate personnel in the city planning and development department.

 

88-520-03-C. In the case of a plan amendment with multiple owners, a single property owner may initiate the application to amend the plan if:

 

1.      The amendment to the plan does not adversely affect the remaining parcels within the plan boundaries as to density, parking, setbacks, or other similar factors as provided in the rules and regulations of the city plan commission; and

 

2. The applicant property owner has notified all other property owners within the plan boundaries, in the form and manner adopted by the city plan commission and by certified mail, and has received no written objection to such amendment within 30 days after the date such notice is mailed.

 

88-520-03-D. REVIEW AND REPORT—DEVELOPMENT REVIEW COMMITTEE

The development review committee must review the proposed preliminary development plan in light of the MPD district provisions of 88-280 and the review criteria of 88-520-03- G. The city planning and development director must prepare a report and recommendation for the city plan commission based on the development review committee's review.

 

88-520-03-E. HEARING AND RECOMMENDATION—CITY PLAN COMMISSION

The city plan commission must hold a public hearing on the proposed MPD zoning map amendment and the preliminary development plan. Following the close of the hearing, the city plan commission must act by simple majority vote to recommend that the proposed MPD zoning map amendment and preliminary development plan be approved, approved with modifications, or denied. If the city plan commission does not act on a proposed MPD zoning map amendment and preliminary development plan within 60 days of the date of the public hearing, the proposed amendment must be forwarded to the city council with no recommendation.

 

88-520-03-F. HEARING AND FINAL ACTION—CITY COUNCIL

1.      After action by the city plan commission, the city council may convene its own public hearing on the proposed MPD zoning map amendment and preliminary development plan.

 

2. Following the close of the public hearing, the city council may act to approve the proposed MPD zoning map amendment and preliminary development plan, approve the proposed MPD zoning map amendment and preliminary development plan with modifications, or deny the proposed MPD zoning map amendment and preliminary development plan. The city council may also return the application to the city plan commission for further consideration, together with a written explanation of the reasons for doing so.

 

3. The city council may act by a simple majority vote, except that when a valid protest petition has been submitted in accordance with 88-515-09approval or approval with modifications requires a 2/3 majority vote of the full membership of the city council.

 

88-520-03-G. REVIEW CRITERIA

In reviewing and making decisions on proposed MPD rezonings and preliminary development plans, review and decision-making bodies must consider at least the following factors:

1. the preliminary development plan's consistency with any adopted land use plans for the area;

 

2. the preliminary development plan's consistency with the MPD district provisions of 88-280; and

 

3. the sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the MPD in the case of a plan that proposes development over a long period of time.

 

88-520-03-H. LAPSE OF APPROVAL

If the landowner fails to file an application or applications for final development plan approval within 2 years of the date of preliminary development plan approval, the approval will be deemed to have lapsed and the preliminary development plan will lapse and be of no further effect. For projects to be developed in phases, phase limits must be shown on the preliminary development plan. Decision-making bodies may impose conditions upon the phasing plan as deemed necessary to ensure the orderly development of the subdivision, including requirements for financial guarantees ensuring construction of all required improvements.

 

88-520-03-I. FILING OF STATEMENT

1. Within 30 days of approval of a preliminary development plan by the city council, the landowner must file with the appropriate recorder of deeds office a statement that such a plan: (1) has been filed with the city plan commission; (2) has been approved; (3) that the MPD preliminary development plan is applicable to certain specified legally-described land; and (4) that copies of the plan are on file in the city planning and development department. The statement recorded with the recorder of deeds must also specify the nature of the plan, the proposed density or intensity of land use and other pertinent information sufficient to notify any prospective purchasers or users of the land of the existence of such a plan.

 

2. The recorded statement must specify that the preliminary development plan will become binding upon all successors and assigns unless amended in conformance with this section. Major changes in the approved preliminary development plan may be made only after rehearing and re-approval of the preliminary development plan.

 

3. The landowner is responsible for all costs incurred in filing the statement.

 

4. No final development plan application will be considered complete and ready for processing until the landowner has provided the city planning and development director with a copy of the recorded statement required by this subsection. Such copy must show the date of the filing and include the signature of the appropriate recorder of deeds.

 

88-520-04 - FINAL DEVELOPMENT PLANS

88-520-04-A. APPLICATION FILING

Final development plan applications must be filed with the city planning and development department for review and approval of the City Plan Commission, after approval of and before the lapse of a preliminary development plan.

 

88-520-04-B. CONSISTENCY WITH PRELIMINARY DEVELOPMENT PLAN; MAJOR CHANGES

A final development plan will not be considered complete and ready for processing if all approved conditions of approval have not been met or if the final development plan constitutes a major change from the approved preliminary development plan. A final development plan will be considered a major change from (and therefore inconsistent with) the approved preliminary development plan if it:

1. increases the proposed gross residential density by more than 2% or involves a reduction of 2% or more in the area set aside for open space, recreation area or other similar non-development area, or the substantial relocation of such areas;

 

2. increases by more than 10% the total floor area proposed for nonresidential uses;

 

3. increases by more than 5% the total ground area covered by buildings;

 

4. increases the height of buildings by more than 5 feet for areas within 100 feet of the outer boundaries of the MPD or by more than 15 feet in other areas; or

 

5. represents a material change to the preliminary development plan that creates a substantial adverse impact on surrounding property owners.

 

88-520-04-C. PROCESSING OF MAJOR CHANGES

If a final development plan is submitted that constitutes a major change to an approved preliminary development plan, no further processing of the final development plan may occur. The city planning and development director must notify the landowner that major changes may be made only after rehearing and re-approval of the preliminary development plan.

 

88-520-04-D. REVIEW AND ACTION BY THE CITY PLAN COMMISSION; APPEALS.

1. The city plan commission must review and take action on the final development plan. The city plan commission may approve the final development plan if it complies with the approved preliminary development plan, all conditions of the preliminary development plan approval, and all applicable standards of this zoning and development code. If the submitted final development plan does not comply with the approved preliminary development plan, any conditions imposed on that plan or any applicable standards of this development code, the city plan commission may disapprove the final development plan.

 

2. In the event that the city plan commission does not approve the final development plan, the landowner may either: (1) resubmit the final development plan to correct the plan's inconsistencies and deficiencies, or, (2) within 60 days of the date of notice of disapproval, appeal the decision of the city plan commission to the city council. In the event such an appeal is filed, a public hearing before the city council must be scheduled with such notice as is required for the MPD rezoning and preliminary development plan approval.

 

88-520-04-E. LAPSE OF APPROVAL

In the event the landowner fails to commence development shown on the final development plan within 2 years after final approval has been granted, then such final approval will lapse and be of no further effect unless the time period is extended by the city plan commission upon written application by the landowner. In the event of lapse of approval, approved MPD plans have no further effect and the regulations of the R-80 zoning district will govern those portion of the MPD for which plans have lapsed.

 

88-545-05 HEARING AND FINAL DECISION–CITY PLAN COMMISSION

88-545-05-A. The city plan commission has final decision-making authority on preliminary plat applications, except those that include requests for waivers or modifications, in which case the city plan commission may recommend and city council may authorize, in accordance with 88-405-25-A.

 

88-545-05-B. The city plan commission also has final decision-making authority on preliminary plats recommended for disapproval by the development review committee and on preliminary plats forwarded to city plan commission at the request of the applicant. The city plan commission must act on preliminary plat applications as a new matter.

 

88-545-05-C. Preliminary plat applications that require action by the city plan commission require at least one public hearing.

 

88-545-05-D. Notice of required public hearings must be mailed to the subject property owner, any registered neighborhood organization and/or registered civic organization whose boundaries include the subject property, and all owners of property within 300 feet of the subject property. See 88-505-07.

 

88-545-05-E. Following action by the development review committee, the city plan commission must review the preliminary plat and the development review committee's action and, based on the plat’s compliance with the approval criteria of 88-545-06, act by simple majority vote to approve the preliminary plat, approve the plat with conditions, or disapprove the plat.

 

88-545-05-F. If the city plan commission disapproves the preliminary plat or approves the plat with conditions, the applicant may appeal the city plan commission's decision to the city council. Appeals of the city plan commission's decision must be filed with the city planning and development director within 15 days of the date of city plan commission action on the preliminary plat. In the case of such appeal, the city council may act on the preliminary plat application as a new matter and, by simple majority vote, approve, approve with conditions, or deny the preliminary plat application. The requirements for hearings, notices, and approval criteria are the same as required of the original action before the city plan commission.

 

88-555 - FINAL SUBDIVISION PLATS

 

88-555-01 - APPLICATION FILING

Complete applications for final plat approval must be filed with appropriate personnel in the city planning and development department before the preliminary plat expiration date (see 88-545-09). Along with the completed application, an ownership certificate from a title company, which identifies an authorized agent, is current within 90 days, and which shows the following must also be submitted:

88-555-01-A. The complete and accurate legal description of the property to be subdivided.

 

88-555-01-B. The fee ownership of all property within the described property.

 

88-555-01-C. Any deeds of trust, liens, lawsuits, dangerous building cases, attachments or encumbrances upon the property to be subdivided.

 

88-555-01-D. Statement of taxes and assessments due and payable upon the property described.

 

88-555-01-E. Existing casements or rights-of-way of record.

 

88-555-02 - REVIEW AND RECOMMENDATION—CITY PLAN COMMISSION

Following action by the development review committee, the city plan commission must review the final plat and the development review committee's action and, based on the plat's compliance with the approval criteria of 88-555-05, recommend that the final plat be approved, approved with conditions, or disapproved. The date of the regular meeting of the city plan commission, including any adjourned date, at which time review of the final plat was conducted constitutes the official submittal date of the plat. The city plan commission must take action on the final plat within 60 days of the official submittal date.

 

88-555-03 - REVIEW AND ACTION-CITY COUNCIL

88-555-03-A. Within 2 years of the date of the city plan commission's recommendation, the final plat must be submitted to the city council. Failure to submit the final plat within this 2-year period will cause the city plan commission's recommendation to lapse and be of no further effect. In this event, resubmission to the city plan commission will be required before the final plat may be submitted to the city council.

 

88-555-03-B. Following action by the city plan commission, the city council must review the final plat and the recommendations of the development review committee and city plan commission and, based on the plat's compliance with the approval criteria of 88-555-05, act by simple majority vote to approve the final plat, approve the final plat with conditions, or disapprove the plat.

 

88-555-03-C. The city planning and development director is authorized to grant an extension not to exceed 2 years to the timeframe established in 88-555-04-A. if the director determines that such extension is necessary to address delays beyond the reasonable control of the applicant. Such extension must be requested by the applicant before the approval lapses. However, if platting obligations, field conditions, standards, or other requirements have changed, no extension may be granted, and re-application for approval of the plat will be required.

 


 

88-555-04 - APPROVAL CRITERIA

No final plat may be approved unless the decision-making body finds that the proposed subdivision conforms with the approved preliminary plat with all applicable regulations and standards of this zoning and development code.

 

88-555-05 - EFFECT OF APPROVAL

Approval of a final plat confers upon the developer the right to record the approved plat in the office of the appropriate county recorder of deeds. No lot within the subdivision may be sold until the final plat has been approved by the city council and the plat has been officially recorded.

 

88-555-06 - PREREQUISITES TO RECORDING A FINAL PLAT

Prior to recording a final plat, the developer must install all required public improvements or post a financial guarantee of performance in a form established by the city. A copy of all paid receipts for any taxes due and payable must also be submitted.

 

88-555-07 - LAPSE OF APPROVAL

88-555-07-A. The applicant must file the final plat with the appropriate county recorder of deeds within 4 years of the date of passage of the final plat by the city council.

 

88-555-07-B. If the applicant fails to record the final plat within the required timeframe, the city council's final plat approval will lapse and be of no further effect, in which case the final plat approval process must be repeated before recording the plat.

 

88-555-07-C. The city planning and development director is authorized to grant an extension not to exceed 2 years to the timeframe established in 88-555-08-A. if the director determines that such extension is necessary to address delays beyond the reasonable control of the applicant. Such extension must be requested by the applicant before the approval lapses. However, if platting obligations, field conditions, standards, or other requirements have changed, no extension may be granted, and re-application for approval of the plat will be required.

 

88-555-08 - DIGITAL FILES

88-555-08-A. When an application is filed for final plat approval, the applicant must submit a digital file of the plat in addition to the paper copies of the plat. The digital file must be submitted at the same time of the application, with each subsequent resubmittal, and again at the time of the submission of the signed copies of the final plat for recording.

 

88-555-08-B. The submittal of digital plat files must conform to the formatting standards, layering system and text styles as provided by the Director of City Planning and Development.

 


 

88-620-B.3. Administrative fees

 

 Minor amendment to an approved development plan:

 

1.      Residential: $233.00 plus $4.00 per dwelling unit, not to exceed $648.00

 

2.      Nonresidential: $233.00 plus $93.00 per acre or fraction thereof, not to exceed $648.00

 

A.     Administrative adjustment: $259.00

 

B.     Administrative approval: $259.00

 

C.     For any request for continuance by the applicant: $130.00

 

88-805-04-L. FOOD AND BEVERAGE RETAIL SALES

Retail sale of food and beverages for home consumption. Typical uses include groceries and liquor stores.

 

Section B. That Sections 88-810-1160, Plan, Major Site, and 88-810-1170, Plan, Minor Site, are hereby repealed.

 

Section C. That the Council finds and declares that before taking any action on the proposed amendment to Chapter 88 hereinabove, all public notices have been given and hearings have been held as required by law.

 

___________________________________

 

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:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney