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Legislation #: 190911 Introduction Date: 10/31/2019
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 and Development Code periodic review. (CD-CPC-2019-00130)

Legislation History
DateMinutesDescription
10/28/2019 Filed by the Clerk's office
10/31/2019 Referred to Neighborhood Planning and Development Committee
11/6/2019 Hold On Agenda (11/13/2019)
11/13/2019 Do Pass as a Committee Substitute
11/14/2019 Assigned Third Read Calendar as Substituted
12/5/2019 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 190911

 

Amending Chapter 88, the Zoning and Development Code, through revisions, clarifications, and other administrative changes throughout the chapter in accordance with the Zoning and Development Code periodic review. (CD-CPC-2019-00130)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Sections 88-323-02 (Boulevard and Parkway Standards, Non-Residential Development); 88-415-02-D (Stream Buffers, Scope and Applicability); 88-420-02 (Parking and Loading, Applicability); and 88-420-14 (Parking and Loading, Accessible Parking) are hereby repealed and new sections of like number and title are hereby enacted, with said new sections to read as follows:

 

88-323 - BOULEVARD AND PARKWAY STANDARDS

 

88-323-02 - NON-RESIDENTIAL DEVELOPMENT

88-323-02-A. SITE AND BUILDING ORIENTATION AND SETBACK

1.                  If adjacent to and within 150 feet of a boulevard or within a development node, the principal building shall be set back a maximum of 20 feet from the right-of-way line.

 

2.   If adjacent to and within 150 feet of a parkway, the principal building shall be set back a minimum of 20 feet from the right-of-way line.

 

3.   If located on a boulevard or within a development node, a customer entrance of the principal building shall either face the boulevard or parkway or be located on a side façade.

 

 

4.   Pedestrian access to a customer entrance shall be via direct access from the public sidewalk or the on-site pedestrian circulation system as shown on the approved development or site plan and in compliance with 88-450.

 

5.   Any delivery and service access shall be located on the sides or rear of the principal building (façade not facing the boulevard or parkway) and not visible from the boulevard or parkway.

 

88-323-02-B. SURFACE PARKING

Non-accessory surface parking is prohibited. Accessory surface parking shall be designed and constructed as follows, except as may be otherwise allowed in this section (for lodging uses):

1.                  If adjacent to and within 150 feet of a boulevard or within a development node, a vehicular use area must be located on the side or rear of the building. Parking located on the side of the building shall be set back a minimum of 10 feet behind the front building line or 30 feet from the right-of-way, whichever is greater.

 

2.                  If adjacent to and within 150 feet of a parkway, parking located on the side of a building shall be set back a minimum of 10 feet behind the front building line or 30 feet from the right-of-way, whichever is greater.

 

3.                  No more than 30% of a site's frontage adjacent to the boulevard or parkway may be used for vehicular use areas.

 

4.   If adjacent to and within 150 feet of a parkway, a vehicular use area may be located in front of the building (between the building and the parkway right-of-way line) if the building's main entrance is on the façade facing the parkway and further subject to the following:

a.   The vehicular use area is limited to one row of parking and a two-way aisle;

 

b.   The vehicular use area must be set back a minimum of 50 feet from the parkway right-of-way line

 

c.   No more than 30% of the site's frontage (excluding that of parking in front of the building) may be used for vehicular use area.

 

5.   If adjacent to and within 150 feet of a parkway, and if there is no vehicular use area (except for a circulation drive) in front of the building, more than 30% of the site's frontage may be used for vehicular use area, with provision of setback (determined by the largest resulting dimension for the parcel) as follows:

a.   For one additional bay of 65 foot maximum width (two rows of parking and a two-way aisle), a setback of 50 feet shall be provided;

 

b.   For an additional two bays of 125 foot maximum width (four rows of parking and two, two-way aisles), a setback of 75 feet shall be provided;

 

c.   For an additional three bays of 185 foot maximum width (six rows of parking and three, two-way aisles), a setback of 100 feet shall be provided.

 

Note: Maximum width of bays includes 25 foot wide, two-way, 90 degree aisles and 18 foot deep parking stalls. It does not include required landscaping area per 88-425.

 

6.   If adjacent to and within 150 feet of a parkway, a circulation drive of maximum 12 feet in width, set back 30 feet from the right-of-way, may be utilized.

 

88-323-02-C. STRUCTURED PARKING

A structured parking facility shall be designed and constructed in accordance with

 

88-425-07 Screening of Parking Garages, with additional provisions:

1.                  The ground-level street frontage, with the exception of any pedestrian ingress/egress, shall be improved with retail, office, residential, or other uses in accordance with an approved development plan.  

 

2.                  No ground level parking spaces shall be located immediately adjacent to the boulevard or parkway. Any spaces located on the ground level shall be behind and concealed by improved space. 

 

3.                  Primary vehicular access to the structure shall not be provided via the parkway or boulevard.  Any secondary access located on the boulevard or parkway shall be limited to a single, two-way drive. Openings to the parking facility for vehicular or pedestrian use shall be designed so as to obscure parked vehicles.  Ramps shall be fully located within the structure.

 

88-323-02-D. LANDSCAPING AND SCREENING

1.                  Landscaping and screening shall be in accordance with 88-425.

 

2.                  Any fencing that is visible from the boulevard or parkway shall be 80% transparent and constructed of high quality, permanent materials. Maximum height shall be 6 feet in the rear and 4 feet in the side. No fencing shall extend beyond the front building line. Fencing must be of steel, iron, concrete, stucco, stone, brick or other acceptable material. Wood picket or stockade fencing is not permitted. Chain link fencing is not permitted, except for the enclosure of a public playfield or a school playfield.

 

3. Dumpsters, mechanical equipment and utility cabinets shall be screened in accordance with 88-425-08 and subject to further regulation as follows. Above ground utility cabinets shall be located a minimum of 50 feet from the right-of-way line of the boulevard or parkway. Building mounted equipment shall not be located on the building façade facing the boulevard or parkway.

 

 

 

4.                  Outdoor storage is permitted as an accessory use in the B4 and M districts, allowed on a façade not facing the boulevard or parkway and further subject to 88-425-09.

 

 

 

88-323-02-E. ARCHITECTURAL DESIGN

As proposed, the standards for development adjacent to and within 150 feet of boulevard and parkways represent best management practices as found in codes of other cities nationally and internationally. The standards are commonly known and understood by any licensed architect and are deemed to be quantifiable and acceptable. The standards are intended to allow for creativity in design of sites and buildings, while ensuring that the public investment in the asset - the boulevard and parkway system - is protected.

1.                  The architectural design and materials of a structure shall be of high quality. When the structure is that of a "national chain," the high quality standard typical of that "national chain" shall be constructed.

 

 

2. Design, material, and color shall be applied consistently to all façades and reflect the character of the neighborhood, as existing or proposed. The neighborhood is considered the area immediately adjacent to and along that corridor and within the view shed of the corridor. A neighborhood would also be considered the residential component of an approved development plan.

 

3.   Building exteriors shall be constructed of durable and maintainable materials such as stone, wood, brick, artistic steel, or as otherwise approved. Materials shall not include aluminum or vinyl siding. Materials that have texture, pattern, or lend themselves to a high quality of detailing are encouraged.

 

4. Façades shall vary in massing and articulation, including accents, protrusions/recesses, horizontal/vertical elements, variable rooflines, or other design features.

 

 

5. Extensive use of bright or fluorescent colors shall not be permitted.

 

6.   If adjacent to and within 150 feet of a parkway, structures shall provide a minimum of 33% transparency on the ground level façade facing the parkway.

 

7. If adjacent to and within 150 feet of a boulevard or within a development node, structures shall provide a minimum of 60% transparency on the ground level façade facing the boulevard or parkway within the development node.

 

 

88-323-02-F. ADDITIONAL PROVISIONS FOR SITES WITH LODGING

1.                  A lodging establishment must contain rooms that open to the interior of the building. Buildings with direct exterior access to guest rooms are not permitted.

 

 

2. To accommodate short-term parking and guest services at the front entry to the lodging establishment, a vehicular use drive may be placed between the front building line and the boulevard or parkway. To integrate this vehicular use area into the building, the area must be covered by a permanent porte-cochere structure which shall be constructed as follows:

a.   the porte-cochere shall extend the width of the drive and be a minimum of 20 feet in length; and

 

b.   the porte-cochere shall be structurally and architecturally integrated into the building design and considered to be part of the principal building; and

 

c.   if adjacent to and within 150 feet of a boulevard, the main entrance of the principal building shall be set back a maximum of 20 feet from the right-of-way line; or

 

d.   if adjacent to and within 150 feet of a parkway, the main entrance of the principal building shall be set back a minimum of 20 feet from the right-of-way line.

 

88-323-02-G. ADDITIONAL PROVISIONS FOR SITES WITH GASOLINE AND FUEL SALES

1.                  A gasoline and fuel sales establishment shall not be permitted on a boulevard or within a development node.

 

2. A gasoline and fuel sales establishment may be permitted with special use permit on a tract of minimum two acres located at the intersection of a parkway and an arterial (not a boulevard or parkway as shown on the major street plan), subject to the following:

a.   The canopy, pumps, and any functions associated with gasoline or fuel sales or other vehicular service shall be oriented toward the arterial and not toward the parkway.

 

b.   Gasoline or fuel sales areas shall be covered by a canopy set back a minimum of 50 feet from the parkway, or 30 feet from the parkway if the 30 foot setback area includes construction of a stone or brick wall or a decorative steel fence along the parkway no greater than 3 feet in height, unless the elevation of the adjacent property is such that a higher or lower wall/fence is appropriate as determined by the Director of City Planning and Development, and landscaping as approved by the Director of City Planning and Development.

 

c.   Canopy design shall be integrated with that of the principal building in respect to pattern, scale, material, and form.

 

d.   Vehicular use areas shall be set back a minimum of 50 feet from the parkway, or 30 feet from the parkway if the 30 foot setback area includes construction of a stone or brick wall or a decorative steel fence along the parkway no greater than 3 feet in height, unless the elevation of the adjacent property is such that a higher or lower wall/fence is appropriate as determined by the Director of City Planning and Development, and landscaping as approved by the Director of City Planning and Development.

 

e.   The site shall contain a retail building that is at least 5,500 square feet in size.

 

88-323-02-H. ADDITIONAL PROVISIONS FOR SITES WITH VEHICLE SALES AND SERVICE

Any vehicle sales and service establishment permitted by this ordinance (refer to use tables) shall comply with the following provisions:

1.                  Any vehicle or light equipment for sale, rental, or service or must be located inside the building.

 

2. Any delivery and service access must be located on the sides or rear of the building (façade not facing the boulevard or parkway).

 

3. Any function or device (including but not limited to queuing to enter the facility, air pump station, etc.) associated with vehicle or light equipment for sale, rental, or service shall be located on the sides or rear (façade not facing the boulevard or parkway) of the building.

 

88-323-02-I. ADDITIONAL PROVISIONS FOR INDUSTRIAL USES

Any industrial use permitted by this ordinance (refer to use tables) shall comply with the following provisions:

1. Any structure or vehicular use area must be set back a minimum of 75 feet from the boulevard or parkway, and the setback area shall be landscaped per 88-425.

 

2. Any loading and service doors must be located on the sides or rear (façade not facing the boulevard or parkway) of the building.

 

 

88-415 STREAM BUFFERS

 

88-415-02 - SCOPE AND APPLICABILITY

88-415-02-A. The stream buffer standards of this article 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 article and the stream buffer provisions of the city's Standards, Specifications, and Design Criteria, the stream buffer standards of this article govern. If a variance is obtained, the stream buffer provisions apply to the relocated stream and mitigated natural resources. For the purpose of this article, 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 article.

 

88-415-02-B. In the event of conflict between the stream buffer regulations of this article and Federal Aviation Administration (FAA) requirements, FAA requirements govern.

 

88-415-02-C. The stream buffer regulations of this article 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.

 

88-415-02-D. The stream buffer regulations of this article (88-415) will apply to all applications for approval of development plans, project plans, site plans, 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, special use permit or any other Board of Zoning Adjustment approval, or preliminary plat that was approved before January 1, 2003 (referred to as a "pre-2003 approved plan"), the regulations of this article 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 article 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 article 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 88-415-02-D.1, 88-415-02-D.2 and 88-415-02-D.3 have been met, the regulations of this article 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 article 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 article 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 article for the amended area only.

 

88-415-02-E. The city planning and development director is authorized to approve an extension of the time frames established in 88-415-02-D.1, 88-415-02-D.2, 88-415-02-D.3, and 88-415-02-D.4 for a maximum of one year. Extension requests must be submitted in writing and include an explanation and justification for the request.

 

88-415-02-F. For purposes of this section 88-415-02, "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.

 

 

88-420 PARKING AND LOADING

 

88-420-02 - APPLICABILITY

88-420-02-A. NEW DEVELOPMENT

Unless otherwise expressly stated, the parking and loading standards of this article apply to all new buildings constructed and all new uses established in all zoning districts after September 10, 1951.

 

88-420-02-B. ENLARGEMENTS AND EXPANSIONS

1. Unless otherwise expressly stated, the parking and loading standards of this article apply whenever an existing building or use is enlarged or expanded to include additional dwelling units, floor area, seating capacity, employees or other units of measurement used for establishing off-street parking and loading requirements.

 

2. In the case of enlargements or expansions triggering requirements for additional parking or loading, additional off-street parking and loading spaces are required only to serve the enlarged or expanded area, not the entire building or use. In other words, there is no requirement to address lawfully existing parking or loading deficits.

 

88-420-02-C. CHANGE OF USE OR OCCUPANCY

Unless otherwise expressly stated, when the use or occupancy of property changes, additional off-street parking and loading facilities must be provided to serve the new use or occupancy only when the number of parking or loading spaces required for the new use or occupancy exceeds the number of spaces required for the use that most recently occupied the building, based on the standards of this zoning and development code. In other words, "credit" is given to the most recent lawful use of the property for the number of parking spaces that would be required under this zoning and development code, regardless of whether such spaces are actually provided. A new nonresidential use is not required to address a lawful, existing parking deficit.

 

88-420-02-D. ACCESSIBLE PARKING SPACES

Whenever parking facilities are provided, either existing or to be developed, accessible parking spaces shall be provided in accordance with 88-420-14.B.

 

88-420-14 - ACCESSIBLE PARKING

88-420-14-A. GENERAL

This section establishes requirements for accessible parking. When accessible parking spaces are required by this section, they shall be designed and constructed in accordance with this section. Where passenger loading zones are provided, they shall be accessible in accordance with this section.

 

88-420-14-B. MINIMUM REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES

Where parking facilities are provided, accessible parking spaces shall be provided in accordance with the following minimum ratios. Each parking facility on a site shall be calculated separately.

 

Table 420-4 Minimum Required Number of Accessible Parking Spaces

Total Parking Spaces in Parking
Facility

Accessible Spaces Required

1—25

1

26—50

2

51—75

3

76—100

4

101—150

5

151—200

6

201—300

7

301—400

8

401—500

9

501—1,000

2% of total spaces

Over 1,000

20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000

 

1.                  VAN ACCESSIBLE SPACES

One van accessible parking space shall be provided for every six accessible parking spaces required by this section, with at least one van accessible parking space provided.

 

2.                  EXCEPTIONS

a. Detached houses, zero lot line houses, cottage houses, attached houses, and two-unit houses are exempt from providing accessible parking spaces.

 

b. Parking facilities used exclusively for the storage of motor vehicles shall not be required to provide accessible parking provided that parking facilities accessed by the public comply with this section.

c. Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities shall comply with Table 420-4.

d. Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with Table 420-4.

 

88-420-14-C. DESIGN AND CONSTRUCTION OF ACCESSIBLE PARKING FACILITIES

Accessible car and van parking spaces shall comply with this section.

 

Table 420-5 Minimum Accessible Parking Dimensions

Minimum Accessible Parking Space Width

Car

Van

8 ft.

11 ft.

 •  Van accessible spaces shall be permitted to be 8 ft. in width where the adjacent access aisle is 8 ft. in width.

Accessible Facility

Minimum Dimensions

Width

Length

Accessible Aisle

5 ft.

Length of parking space served

Passenger Loading Zone

8 ft.

20 ft.

Passenger Loading Zone Access Aisle

5 ft.

20 ft.

Minimum Vertical Clearance
(including access aisles and vehicular routes)

Van Accessible Space

98 inches

Passenger Loading Zone

114 inches

 

1.   LOCATION

a. Accessible parking spaces shall be located on the shortest possible accessible route of travel to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. Wherever practical, the accessible route of travel shall not cross lanes of vehicular traffic. Where crossing traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk.

 

b. All van parking spaces shall be permitted to be grouped on one level within a multi-story parking facility.

 

c. Parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience.

 

2.   ACCESS AISLES

a. Accessible parking spaces and loading zones shall have an adjacent access aisle.

 

b. Access aisle shall adjoin an accessible route.

 

c. Two parking spaces are permitted to share a common access aisle.

 

d. Access aisles shall be marked so as to discourage parking in them.

 

e. Access aisles shall not overlap the vehicular way. Access aisles are permitted to be placed on either side of the parking space except for angled van parking spaces which shall have access aisles located on the passenger side of the parking spaces.

 

f. Access aisles shall be at the same level as the parking spaces they serve.

 

3.   SIGNAGE

a. Each accessible parking space shall be identified by signage.

 

b. Parking space identification signs shall include the International Symbol of Accessibility.

 

c. Signs identifying van parking shall contain the designation "van accessible."

 

d. Signs shall be 60 inches minimum above the ground surface of the parking space measured to the bottom of the sign.

 

4.   MATERIAL AND DESIGN

a. Accessible vehicular use areas shall be firm, stable, smooth and slip-resistant and shall have a slope not to exceed one vertical in 48 horizontal. Accessible vehicular use areas shall be surfaced with a permanent asphaltic or concrete paving.

 

b. Where a curb exists between a parking lot surface and a sidewalk surface, an inclined curb ramp or a curb cut shall be provided. Curb ramps shall not be less than 36 inches in width, exclusive of the required side slopes. The maximum slope of the curb ramp or curb cut shall not exceed one vertical in 12 horizontal. The maximum side slopes of the curb ramps or curb cuts shall not exceed one vertical in ten horizontal. Built-up curb ramps shall be located so as not to project into vehicular ways or to be located within accessible parking spaces.

 

5.   MARKING

a. Where parking spaces are marked with lines, width measurements of parking spaces and access aisles shall be made from the centerline of the markings. Where parking spaces or access aisles are not adjacent to another parking space or access aisle, measurements shall be permitted to include the full width of the line defining the parking space or access aisle.

 

Section B. That new Sections 88-110-06-C. (Residential Districts, Lot and Building Standards); 88-120-04-C. (Office, Business, and Commercial Districts, Lot and Building Standards); 88-130-05-C. (Downtown Districts, Lot and Building Standards); and 88-140-04-C. (Manufacturing Districts, Lot and Building Standards); are hereby enacted, with said new sections to read as follows:

 

88-110-06 Lot and Building Standards

88-110-06-C. A lot shall be occupied by only one principal building and any customarily accessory uses, unless otherwise approved.

 

88-120-04 Lot and Building Standards

88-120-04-C. A lot shall be occupied by only one principal building and any customarily accessory uses, unless otherwise approved.

 

88-130-05 Lot and Building Standards

88-130-05-C. A lot shall be occupied by only one principal building and any customarily accessory uses, unless otherwise approved.

 

88-140-04 Lot and Building Standards

88-140-04-C. A lot shall be occupied by only one principal building and any customarily accessory uses, unless otherwise approved.

 

Section C. That the Council finds and declares that before taking any action on the proposed amendments 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:

 

_____________________________

Sarah Baxter

Assistant City Attorney