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Legislation #: 170776 Introduction Date: 9/28/2017
Type: Ordinance Effective Date: 10/13/2017
Sponsor: COUNCILMEMBER SHIELDS AND COUNCILMEMBER WAGNER
Title: Facilitating a community planning process in the Westport area, one of the outcomes of which will be a vision of the character of development in Westport and identification of amendments to the Midtown Plaza Area Plan and zoning regulations, thereby necessitating a temporary suspension until March 1, 2018, on the approval of development plans, rezonings, project plans, final plans and the issuance of demolition permits in the Westport area, as outlined in red on the attached map; appropriating funds in the amount of $45,000.00; and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
9/28/2017 Filed by the Clerk's office
9/28/2017 Referred to Planning, Zoning & Economic Development Committee
10/4/2017 Do Pass as a Committee Substitute
10/5/2017 Assigned Third Read Calendar as Substituted
10/12/2017 Councilmember Shields (Second by Barnes Jr.) Move To Introduce
10/12/2017 Councilmember Shields (Second by Barnes Jr.) Move to Advance
10/12/2017 Passed as Substituted and Amended

View Attachments
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170776.pdf Authenticated 254K Authenticated
170776 Compared.pdf Compared Version 132K Compared Version
170776 Map.pdf Maps 407K Map

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170776, AS AMENDED

 

Facilitating a community planning process in the Westport area, one of the outcomes of which will be a vision of the character of development in Westport and identification of amendments to the Midtown Plaza Area Plan and zoning regulations, thereby necessitating a temporary suspension until March 1, 2018, on the approval of development plans, rezonings, project plans, final plans and the issuance of demolition permits in the Westport area, as outlined in red on the attached map; appropriating funds in the amount of $45,000.00; and recognizing this ordinance as having an accelerated effective date.

WHEREAS, given the need for the community planning process, and the fact that the demolition of potentially historic buildings can permanently alter the character of an area, the City Council supports a temporary suspension on the issuance of demolition permits while the City and the community conclude the process and adoption of new land use policy or regulations; and

 

WHEREAS, the planning process and this temporary suspension seek to define acceptable development character, standards and other requirements in Westport. The City Council asserts that the approval of development plans, rezonings, final plans and project plans and the issuance of demolition permits in the middle of an ongoing community planning process has the potential to undermine the process and frustrate the work of the community, as well as jeopardize a number of potentially historic structures in the Westport area and the overall character of this historic neighborhood with regard to destruction of the historic street character, development patterns and structures; and

 

WHEREAS, Westport is one of the oldest neighborhoods in Kansas City, as evidenced by the historic buildings and architecture located in the area; and

 

WHEREAS, Westport has been identified as a “district” in the Midtown Plaza Area Plan which is defined as a regional destination that is a distinct place – different from surrounding areas – through common activities or themes among uses, the intensity of building patterns, the design characteristics of buildings and civic spaces typically having a defined “center” and recognized edges or transitions to the surrounding area; and

 

WHEREAS, Historic Kansas City intends to conduct a historic resources survey to provide an inventory and assessment of Westport's built environment by November 2017, to facilitate the preservation of identified historic resources and better planning decisions; and

 

WHEREAS, the community, during recent public hearings, has raised concerns relating to the density, intensity, height, uses, parking, traffic, and character of new developments in Westport; and

 

WHEREAS, the Westport area is guided by the Midtown Plaza Area Plan, adopted on January 7, 2016, which plan was noted by the community as not providing sufficient guidance for the preservation of and the future vision for what the character of development in Westport should be; and

 

WHEREAS, neither the existing Main Street Special Review District, nor the proposed Main Street Special Character Overlay District expected to be adopted in November, regulate the demolition of existing buildings; and

 

WHEREAS, the Westport Regional Business League, in collaboration with the City of Kansas City and Historic Kansas City, shall facilitate a community planning process in the Westport area, one of the outcomes of which will be a vision of what the character of development in Westport should be and amendments to the Midtown Plan Area Plan and zoning regulations; and

 

WHEREAS, the Westport Regional Business League and Historic Kansas City, as a co-sponsors, will enter into a contractual arrangement and anticipate shared planning costs of $145,000.00 to assist with the planning effort, and the Westport Regional Business League is committed to raising additional dollars towards its support; and

 

WHEREAS, the Council believes it is necessary that no development plans, rezonings, final plans or project plans, be approved or demolition permits be issued until the period of study and historic resources survey is completed, so that the results of the study and survey can be used to help guide future development in Westport that will preserve the area's unique history; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Mayor and Council hereby declare that a six month planning process is undertaken, thereby necessitating a temporary suspension until March 1, 2018, on the approval of development plans, rezonings, project plans, final plans and the issuance of demolition permits in the Westport area as outlined in red on the attached map, with the exception of demolition permits issued pursuant to Chapter 56 of the City's Code of Ordinances necessary to protect the life, health and safety of the public, provided that this temporary suspension of the issuance of permits, including demolition permits and building permits, shall not apply to commercial properties with a gross square foot of under 8,000 square feet and which do not meet the minimum requirements for historic designation under 88-580-01-F and under the rules and regulations of the historic preservation commission, as determined by the Director of City Planning and Development, and such properties may continue to apply for and obtain site plan review in accordance with Section 88-530 from the Director of City Planning and Development.

 

Section 2. That a “queue” process is hereby established for the acceptance of any new development applications, until March 1, 2018, for the approval of development plans, rezonings, project plans, final plans and the issuance of demolition permits in the Westport area, as outlined in red on the attached map.

 

Section 3. That the Director of City Planning and Development may grant relief from the suspension to applicants seeking approval of development plans, rezonings, final plans or project plans located within the existing Main Street Special Review District or proposed Main Street Special Character Overlay District upon a determination 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. Upon such a determination, the property owner may then proceed with filing an application for a proposed development plan, rezoning, final plan or project plan, as the case may be.

 

Section 4. That the following are exempt from the suspension: (1) approved development plans, rezonings, and project plans, and the approval of or issuance of demolition permits or final plans associated with approved development plans, rezonings, and project plans; and (2) those properties that are already designated as an historic landmark or located within the boundaries of an existing historic district or historic overlay district, except that inclusion in Main Street Special Review District or proposed Main Street Special Character Overlay District will not qualify a property for an exemption unless approved by the Director as set forth in Section 2 of this Ordinance, because neither the Main Street Special Review District nor the proposed Main Street Special Character Overlay District regulate or will regulate the demolition of existing buildings.

 

Section 5. That the Westport Regional Business League and Historic Kansas City will present a status update to the Planning, Zoning and Economic Development Committee every 90 days.

 

Section 6. That the Mayor and City Council direct the City Planning and Development Department to assess the results of the survey and integrate those results into a community planning process lead and completed by the Westport Regional Business League in collaboration with the Department and Historic Kansas City, by the conclusion of the temporary suspension. Potential outcomes could include the creation of a historic district or an overlay zoning district such as a Historic Overlay District or a Special Character Overlay District.

 

Section 7. That sum of $45,000.00 is hereby appropriated to the following account in the Unappropriated Surplus from the Development Services Fund:

 

18-2210-641000-B Westport Regional Business League Westport

Planning $45,000.00

Section 8. That the Director of City Planning is hereby designated as requisitioning authority for Account No. 18-2210-641000.

 

Section 9. That this ordinance is recognized as having an accelerated effective date within the provisions of Section 503 of the City Charter in that it appropriates money, and shall take effect in accordance with that section.

 

___________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

__________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

__________________________________

Sarah Baxter

Assistant City Attorney