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Legislation #: 120939 Introduction Date: 10/25/2012
Type: Ordinance Effective Date: 12/30/2012
Sponsor: None
Title: Amending Chapter 88, Zoning and Development Code, to revise the notice and procedural requirements for rezoning, text amendments, development plan review, site plan review, special use permits, and other related provisions.

Legislation History
DateMinutesDescription
10/25/2012 Filed by the Clerk's office
10/25/2012 Referred to Planning, Zoning & Economic Development Committee
11/14/2012 Hold On Agenda (12/5/2012)
12/5/2012 Hold On Agenda (12/12/2012)
12/12/2012 Hold On Agenda (12/19/2012)
12/19/2012 Advance and Do Pass as a Committee Substitute, Debate
12/20/2012 Passed as Substituted

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120939

 

Amending Chapter 88, Zoning and Development Code, to revise the notice and procedural requirements for rezoning, text amendments, development plan review, site plan review, special use permits, and other related provisions.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 88 is amended by repealing sections 88-505-07, 88-510-03, 88-515-04, 88-525-05, 88-525-08, and 88-530, and replacing said sections with sections of like name and subject matter, and adding a new section 88-517, with said replaced and new sections to read as follows:

 

88-505-07. PUBLIC HEARING NOTICES

 

88-505-07-A. NEWSPAPER NOTICE

Whenever the provisions of this zoning and development code require that newspaper notice be provided, the notice must be published by the city in a newspaper of general circulation within Kansas City or as otherwise required by law.

 

88-505-07-B. MAILED NOTICE

Required mailed notices must be sent by U.S. mail, first class. Addresses must be based on the latest available, city-maintained property ownership information. For all hearings before the board of zoning adjustment or city plan commission, the city planning and development director must certify by affidavit that the mailing has occurred. The affidavit will become part of the record as proof of such mailing.

 

88-505-07-C. COURTESY NOTICES

In addition to any required public hearing notices, the city may elect to provide additional courtesy notification, which may include Internet postings and information signs posted on the subject property.

 

88-505-07-D. CONTENT OF NOTICE

All required public hearing notices should: (1) indicate the date, time and place of the public hearing or date of action that is the subject of the notice (or other information sufficient for those interested to determine the date, time and place) ; (2) describe any property involved in the application by street address or by general description; (3) describe the general nature, scope and purpose of the application or proposal; and (4) indicate where additional information on the matter can be obtained.

 

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88-510-03. NOTICE OF HEARING

Notice of the city plan commission public hearing on zoning and development code text amendments must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The notice shall provide contact or other information sufficient for those interested to determine when the council will hold its hearing on the amendment.

 

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88-515-04. NOTICE OF HEARING

 

88-515-04-A. REQUIRED NEWSPAPER NOTICE

Notice of the city plan commission public hearing on a zoning map amendment must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The notice shall provide contact or other information sufficient for those interested to determine when the council will hold its hearing on the rezoning.

 

88-515-04-B. REQUIRED MAILED NOTICE

Notice of the city plan commission public hearing must be mailed at least 13 days before the date of the hearing 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. The mailed notice shall provide contact or other information sufficient for those interested to determine when the city council will hold its hearing on the rezoning.

 

88-515-04-C. POSTED NOTICE

Applicants are responsible for providing additional notice to interested parties by posting a sign on the subject property visible from each abutting public right-of-way. Signs must be posted by the applicant at least 15 days before the public hearing. This provision may be waived by the city plan commission if the commission determines that adequate notice was given of the proposal.

 

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88-517. DEVELOPMENT PLAN REVIEW AND APPROVAL

 

88-517-01. INTENT

Development plan review is a procedure that allows for city council review of development plans which propose significant development to determine if such plans further the purposes of this zoning and development code. The process is intended to ensure compliance with the standards of this zoning and development code, minimize land use conflicts, and encourage the compatible arrangement of buildings, off-street parking, lighting, landscaping, stormwater facilities, vehicle and pedestrian access routes, and other site features in a manner that will promote public safety and general welfare.

 

88-517-02. APPLICABILITY

 

88-517-02-A. Development plan review and approval is required in R or B zoning districts for any residential development containing more than 100 dwelling units.

 

88-517-02-B. Development plan review and approval is required in B, D, KCIA, and O zoning districts for any building with a gross floor area of 75,000 square feet or more.

 

88-517-02-C. Development plan review and approval is required in B, D, KCIA, and O zoning districts for any development with a site area of 10 acres or more.

 

88-517-02-D. Development plan review and approval is required for any industrial development on M-zoned land with a net site area of 5 acres or more if the lot on which the development is located is within 200 feet of any residential district. Otherwise, development plan review and approval is required only for industrial development on M-zoned land with a site area of 10 acres or more.

 

88-517-02-E. Development plan review and approval is required for development on D-zoned land that exceeds 180 feet in height or includes above-grade parking for more than 100 vehicles.

 

88-517-02-F. Development plan review and approval is required whenever multiple principal buildings are proposed to be located on a single lot.

 

88-517-02-G. Development plan review and approval is required for any new development with a designated light rail zone or overlay district as may be established in accordance with procedures of 88-515.

 

88-517-02-H. Development plan review and approval is required for any property that was subject to an approved development plan prior to January 1, 2011, which has not expired, if the property has not been rezoned since that date, and if the proposed use is not in substantial compliance with the approved development plan.

 

88-517-03. EXEMPTION

The development plan review procedures of this article do not apply to any developments for which plans have been reviewed and approved pursuant to the urban redevelopment, master planned development, or other equivalent development plan procedures of this zoning and development code. This provision is intended to clarify that development plan review is not required for projects that have received equivalent review through the city's other plan review procedures. Development in accordance with existing approved development plans for planned districts (per the prior zoning ordinance) are also exempt.

 

88-517-04. AUTHORITY TO FILE

Development plan review applications may be filed only by the subject landowner or the subject landowner's authorized agent.

 

88-517-05. CONCURRENT PROCESSING OF DEVELOPMENT PLANS AND

SUBDIVISION PLATS

Development plans and preliminary subdivision plats may be combined in a single plan and processed concurrently if all information required for both types of plans is provided as part of the combined application.

 

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 & 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 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.

 

88-517-07. PREAPPLICATION CONSULTATION

A preapplication consultation is required in accordance with 88-505-02 before the filing of a development plan application.

 

88-517-08. DECISION-MAKING AUTHORITY

The city council has final decision-making authority on development plan applications and major amendments thereto. 

 

88-517-09. NOTICE OF HEARING

 

88-517-09-A.     Required Newspaper Notice

Notice of the city plan commission public hearing on a development plan must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The newspaper notice shall provide contact or other information sufficient for those interested to determine when the city council will hold its hearing on the development plan.

 

88-517-09-B.     Required Mailed Notice

Notice of the city plan commission public hearing must be mailed at least 13 days before the date of the hearing 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. The mailed notice shall provide contact or other information sufficient for those interested to determine when the city council will hold its hearing on the development plan.

 

88-517-09-C.     Posted Notice

Applicants are responsible for providing additional notice to interested parties by posting a sign on the subject property visible from each abutting public right-of-way. Signs must be posted by the applicant at least 15 days before the city plan commission hearing. This provision may be waived by the city plan commission if the commission determines that adequate notice was given of the proposal.

 

88-517-10               REVIEW AND ACTION

 

88-517-10.A. The development review committee must review each complete application for development plan approval and make its recommendation in a staff report to be provided to the city plan commission and the city council.

 

88-517-10-B. The city plan commission will hold a public hearing on the application before making its recommendation, by motion, to the city council.

 

88-517-10-C. After the city plan commission’s recommendation, the city council will hold a hearing on the application and make the final decision. The council may approve the application, approve the application with conditions, deny the application, continue the matter for further deliberation, or refer the application back to the city plan commission for its reconsideration.

 

88-517-11.     BUILDING PERMIT REVIEW.

No building permit shall be issued that is not in compliance with an approved development plan when such plan is required by this section.

 

88-517-12. CITY COUNCIL APPROVAL OF DEVELOPMENT PLANS.

 

88-517-12-A. An approved development plan shall be considered to be a part of the zoning for the site, and the city council shall retain its legislative discretion with regard to this approval.

 

88-517-12-B. The city council may consider the proposed development plan’s consistency with the purposes of this zoning and development code, as stated in Section 88-10-05, and with the site plan criteria in Section 88-530-09, and may consider any other relevant factors during its consideration of the development plan.

 

88-517-12-C. The city council may approve a development plan that deviates from any of the lot and building standards of this zoning and development code if the proposed use is consistent with the zoning of the property. Any deviations from the standards of this code shall be specifically called out as deviations and described on the development plan and will not be considered to be approved unless so stated.

 

88-517-12-D. If a use is approved on a development plan that would have required special use approval, no separate special use review will be required.

 

88-517-12-E. The city council may act by a simple majority vote, except that when a valid protest petition has been submitted in accordance with 88-515-09 approval requires a 2/3 majority vote of the full membership of the city council.

 

88-517-13. AMENDMENTS

88-517-13-A. MAJOR AMENDMENTS

1.      Major amendments to approved development plans must be reviewed and approved in accordance with the development plan review procedures of this article. Major amendments to development plans include one or more changes, in cumulative total (when compared to the original plan approval) that would:

 

(a)    increase building coverage by more than 10%;

 

(b)   increase the total floor area by more than 10% or 5,000 square feet, whichever is less;

 

(c)    increase building height by more than 10% or 6 feet, whichever is less;

 

(d)   increase the total impervious surface coverage by more than 10% or 2,000 square feet, whichever is less;

 

(e)    result in extensive site modification involving location of buildings, razing and reconstruction of approved uses;

 

(f)    increase the number of dwelling units by more than 10%; or

 

(g)   Result in any other change that the city planning and development director determines will have impacts that warrant full review of the application in accordance with the development plan review procedures.

 

88-517-13-B. MINOR AMENDMENTS

Any application for an amendment to an approved development plan that does not meet the criteria for a major amendment will be considered a minor amendment. Minor amendments may be approved by the city planning and development director. A minor amendment may include a change in an approved phasing plan, for plans approved prior to the effective date of this ordinance.

 

88-517-14. LAPSE OF APPROVAL

 

88-517-14-A. An approved development plan will lapse and have no further effect 2 years after its effective date unless:

 

1.      building permits have been issued and construction diligently pursued for the development or respective plans;

 

2.      certificates of occupancy have been issued for the development or respective plans;

 

3.      the use is established;

 

4.      the city plan commission extends the expiration period by no more than one year; or

 

5.      a phasing plan with different lapse of approval provisions is expressly approved as part of the development plan approval.

 

88-517-14-B. An approved development plan will also lapse and be of no further effect upon abandonment of the project or revocation of a building permit.

 

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88-525-05. NOTICE OF HEARING

 

88-525-05-A. REQUIRED NEWSPAPER NOTICE

Notice of the city plan commission hearing on a special use permit must be published in the newspaper at least 15 days before the date of the hearing. See 88-505-07. The newspaper notice shall provide contact or other information sufficient for those interested to determine when the board of zoning adjustment will hold its hearing on the special use permit.

 

88-525-05-B. REQUIRED MAILED NOTICE

Notice of the city plan commission hearing 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. The mailed notice shall provide contact or other information sufficient for those interested to determine when the board of zoning adjustment will hold its hearing on the special use permit.

 

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88-525-08. HEARING AND FINAL DECISION—BOARD OF ZONING

ADJUSTMENT

The board of zoning adjustment must hold a hearing on the proposed special use permit. Following the close of the hearing, the board of zoning adjustment must vote to approve, approve with modifications, or deny the special use permit. The concurring vote of four members of the board shall be necessary to approve a special use permit.

 

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88-530. SITE PLAN REVIEW AND APPROVAL

 

88-530-01. INTENT

Site plan review is a procedure that allows for administrative review of detailed site plans to determine if such plans comply with city regulations and policies. The process is intended to ensure compliance with the standards of this zoning and development code; minimize land use conflicts; and encourage the compatible arrangement of buildings, off-street parking, lighting, landscaping, stormwater facilities, vehicle and pedestrian access routes, and other site features in a manner that will promote public safety and general welfare.

 

88-530-02. APPLICABILITY

Site plan review is required for all development that is not exempt under 88-530-03 and that is not subject to development plan review under 88-517-02.

 

88-530-03. EXEMPTION

The site plan review procedures of this article do not apply to detached houses or to any developments for which plans have been reviewed and approved pursuant to the urban redevelopment, master planned development, or other equivalent development plan procedures of this zoning and development code. This provision is intended to clarify that site plan review is not required for projects that have received equivalent review through the city's other development plan review procedures. Existing approved development plans for planned districts (per the prior zoning ordinance) are also exempt. This exemption is not intended to exempt any development from the building permit process.

 

88-530-04. AUTHORITY TO FILE

Site plan review applications may be filed only by the subject landowner or the subject landowner's authorized agent.

 

88-530-05. CONCURRENT PROCESSING OF SITE PLANS AND SUBDIVISION

PLATS

Site plans and preliminary subdivision plats may be combined in a single plan and processed concurrently if all information required for both types of plans is provided as part of the combined application.

 

88-530-06. APPLICATION FILING

Complete applications for site plan review must be filed with appropriate personnel in the city planning and development department.

 

88-530-07. DECISION-MAKING AUTHORITY

The city planning and development director has final decision-making authority on site plan applications. No public hearing is required.

 

88-530-08. REVIEW AND ACTION

A building permit application constitutes site plan review application. The planning and development director must review each complete application for site plan approval and take one of the following actions:

 

1.      approve the application;

 

2.      identify those revisions or modifications that would allow approval of the application;

 

3.      approve the application with conditions;

 

4.      disapprove the application; or

 

5.      forward the application to the city plan commission for review and action.

 

88-530-09. APPROVAL CRITERIA FOR SITE PLANS:

In order to be approved, a site plan must comply with all of the following criteria:

 

88-530-09-A.      The plan must comply with all standards of  this zoning and development code and all other applicable city ordinances and policies (Note: this provision is not intended to prohibit an applicant from seeking a variance or other form of relief authorized under this zoning and development code or other applicable ordinances).

 

88-530-09-B.     The proposed use must be allowed in the district in which it is located.

 

88-530-09-C.     Vehicular ingress and egress to and from the site, and circulation within the site must provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways.

 

88-530-09-D.     The plan must provide for safe, efficient, and convenient non-motorized travel opportunities, being pedestrian and bicycle movement, on the subject site.

 

88-530-09-E.     The plan must provide for adequate utilities based on City standards for the particular development proposed. 

 

88-530-09-F.     The location, orientation, and architectural features, including design and material, of buildings and other structures on the site must be designed to be compatible with adjacent properties. 

 

88-530-09-G.     Landscaping, berms, fences and/or walls must be provided to buffer the site from undesirable views, noises, lighting or other off-site negative influences and to buffer adjacent properties from negative influences that may be created by the plan.

88-530-09-H.     The design of streets, drives and parking areas within the project should result in a minimum of area devoted to asphalt or other impervious surfaces consistent with the needs of the project and City Code requirements.  

 

88-530-09-I.     The plan must identify trees to be removed and trees to be preserved during the development of the subject property with the goal of saving trees that are not required to be removed for the development of the property.

 

88-530-10. APPEALS OF SITE PLAN DECISIONS

 

88-530-10-A.     Appeals of the city planning and development director's decision on a site plan application may be taken to the city plan commission by filing a notice of appeal with the city planning and development director. Appeals must be filed within 15 calendar days of the date of the city planning and development director's decision.

 

88-530-10-B.     The city plan commission's decision may be appealed to the board of zoning adjustment by filing a notice of appeal with the city planning and development director. Appeals must be filed within 15 calendar days of the city plan commission decision.

 

 

Section 2. That Chapter 88 is further amended by repealing Sections 88-120-05-C, 88-420-15-D, 88-435-02-A, 88-445-10, 88-605-02-E, 88-620, and 88-810-510, and replacing said sections with sections of like name and subject matter, to change the term “major site plan” to “development plan” and the term “minor site plan” to “site plan,” and to make other corrections, with said replaced sections to read as follows:

88-120-05-C.     B3 District. No floor area limit applies to commercial buildings in B3 districts, except that commercial buildings with more than 75,000 square feet of gross floor area on a single floor must be reviewed and approved in accordance with the development plan review procedures of 88-517.

 

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88-420-15-D.     Review and Approval Procedure. The city planning and development director is authorized to approve, approve with conditions, or deny alternative compliance parking plans in accordance with the site plan review procedure of 88-530.

 

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88-435-02-A.     Class A Outdoor Display

 

1.      DEFINED
Class A outdoor displays are areas outside of a completely enclosed building or structure used to display goods for sale to the general public as part of and subordinate to retail sales or similar business establishment. This includes but is not limited to garden supplies, building supplies, and plant materials.

2.      REGULATED
Class A outdoor display areas are allowed in association with any retail or similar business establishment, provided they comply with the following standards:

a.       Outdoor display areas must be located outside of drive aisles, fire lanes, and required parking spaces;

b.      Outdoor display areas are prohibited in any required setback or within the first 50% of the yard area as measured between the right-of-way and the building line;

c.       Outdoor display areas may not be closer than 5 feet to any public building entrance;

d.      Individual items attached to a building wall surface may not exceed 8 feet in height above grade;

e.       Stacked items may not exceed a total of 7 feet in height above grade;

f.       Outdoor display areas may not exceed 15% of the gross floor area of the principal building on the lot.

3.      SITE PLAN REVIEW

Review for compliance with these standards must occur at the time of site plan or development plan review for the principal use. Otherwise site plan approval is required prior to establishment of an outdoor display area.

 

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88-445-10 SIGNAGE PLAN

 

88-445-10-A.     Applicability. A signage plan must be submitted in conjunction with the review and approval of:

 

1.      development plans, according to the review procedure of 88-517. When development plan review is required, signage shall be shown and approved as part of the plan.

 

2.      final UR or MPD development plan.

 

3.      site plans, according to the review procedure of 88-530.

 

4.      special use permits, according to the review procedure of 88-525.

 

5.      any overlay or special purpose districts.

 

6.      sign permit application.

 

          88-445-10-B.     Signage Plans

 

1.      Signage plans must include specifications for:

 

a.       type of signs (wall or monument);

 

b.      size (sign area and dimensions);

 

c.       materials;

 

d.      type of illumination;

 

e.       landscaping, in accordance with any required plan; and

 

f.       location, as well as any other standards necessary for proper development.

 

2.      No sign may be erected in contravention of the design standards.

 

3.      Minor modifications to signage shown on final development plans, development plans, site plans, or special use approvals, or replacement signage, may be approved by the city planning and development director according to 88-570.

 

4.      For those development districts which have received approval prior to the effective date of this ordinance, a signage plan as provided above may be submitted at any time prior to the issuance of a permit for a sign. Minor modifications or replacement signage may be approved by the city planning and development director.

 

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88-605-02-E.     Duties.

 

1.      Copies of all proposed development plans, preliminary development plans, preliminary plats and final plats will be submitted to members of the development review committee and the necessary ex officio members approximately 10 working days in advance of the regularly scheduled meeting date. This date will be established by the secretary of the city plan commission. Each committee member may submit comments and recommendations in writing and must indicate additions to or revisions of the plat and identify problem areas to be resolved prior to filing for final plat approval.

 

2.      For each preliminary plat or final plat, the committee must, at that meeting, recommend either approval, approval with conditions, or disapproval. The applicant or developer will have an opportunity to comply with the recommendations of the development review committee.

 

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88-620 FEES

 

88-620-A. Subdivision regulation fees.

 

(1) Preliminary plat. The fee for the filing of the preliminary plat will be:

 

a. For residential, a base charge of $389.00 plus $4.00 per residential unit, not to exceed $1,295.00

 

b. For applications revising an area of an approved preliminary plat, a base charge of $389.00 plus $4.00 per unit of the area to be amended, not to exceed $1,295.00

 

c. For nonresidential, a base charge of $389.00 plus $62.00 per acre or fraction thereof, not to exceed $1,295.00

 

d. For applications revising an area of an approved preliminary plat, a base charge of $389.00 plus $62.00 acre of the area to be amended, not to exceed $1,295.00

(2) Final plat. The fee for filing the final plat shall be:

 

a. For residential, a base charge of $389.00 plus $4.00 per residential unit, not to exceed $1,813.00

 

b. For nonresidential, a base charge of $389.00 plus $31.00 per acre or fraction thereof, not to exceed $1,813.00

 

(3) Minor Subdivisions:

 

a. Lot Split:

 

1. For residential: $207.00 plus $3.00 per lot/unit.

 

2. For nonresidential: $207.00 plus $62.00 per acre.

 

b.                  Lot Line Adjustment:

 

1. $207.00 plus $3.00 per lot

 

c. Lot Consolidations

 

1. $207.00 plus $3.00 per lot.

 

d. Condominium Plats

 

1. $207.00 plus $3.00 per unit, not to exceed $1,813.00

 

(4) Street naming. The fee for filing for approval of street names shall be:

 

a. $130.00 as part of plat approval process

b. $130.00 for honorary street name petition.

 

(5) Re-review of plats. When plat documents require subsequent submittal(s) for review after the 2nd submittal, and prior indicated deficiencies were not addressed in the resubmittal, a resubmittal fee shall be assessed at the time of resubmittal. This fee shall be 25% of the original filing fee for 3rd and subsequent resubmittals. Such resubmittal fee shall not apply as a credit toward any other fees charged.

 

a. Recording fee for final plat. The fee for filing the final plat shall be deposited with the office of the director of records and shall be equal to the fee required by the county in which the plat is required to be filed.

 

b. The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

 

88-620-B.    Applications to the City Plan Commission and the Board of Zoning Adjustment and Administrative Approvals.

 

(1) City Plan Commission.

 

a. For applications to rezone: $648.00.

 

b. Development Plan:

 

1. Residential: $648.00 plus $4.00 per dwelling unit, not to exceed $3,626.00

2. Nonresidential: $648.00 plus $93.00 per acre or fraction thereof, not to exceed $3,626.00

 

c. Major Amendments

 

1. Residential: $311.00 plus $4.00 per dwelling unit, not to exceed $1,295.00

2. Nonresidential: $311.00 plus $93.00 per acre or fraction thereof, not to exceed $1,295.00

 

d. Urban Redevelopment District

 

1. $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

e. Master Plan Development

 

1.  $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

f. For approval of a Council Approved Signage Plan: $259.00.

 

g. For application for special review district: $440.00.

 

h. For text amendments: $518.00.

 

i. For Land Use Plan Amendments: $829.00

 

j. For Major Street Plan Amendments: $414.00

 

k. For applications for appeal from the decision of the Director of City Planning & Development: $518.00.

 

l. For Neighborhood Rezoning projects:

 

- from 0-200 parcels / lots . . . . . . . . . $2,590.00

- from 201-500 parcels / lots . . . . . . . $4,662.00

- from 501- + parcels / lots . . . . . . . . . $5,698.00

 

m. For all other applications: $622.00

 

(2) Board of Zoning Adjustment.

 

a. For applications for variances involving the following uses:

 

1. 1 and 2 family dwelling and accessory uses: $259.00

 

2. All other uses: $518.00

 

b. For applications for appeal from the decision of the Director of City Planning & Development $518.00.

 

c. For applications for rehearing before the board of zoning adjustment: $207.00.

 

d. Certificates of legal nonconformance: For all applications for certificate of legal nonconformance, there shall be a charge of $130.00 for applications related to one- and two-family residences and $311.00 for all other applications. For all requests for approval of a change in use for an existing legal nonconforming use pursuant to Section 88-610 there shall be a charge of $52.00 for requests related to one- and two-family residences and $181.00 for all other requests.

 

e. For applications for a special use permit for signs: $337.00.

 

f. For applications for all other requests: $389.00

 

g. For stay of enforcement: $414.00.

 

h. Special Use Permits

 

1. Ambulance service: $855.00

 

2. Bed & Breakfast: $596.00

 

3. Blood/Plasma Center: $829.00

 

4. Car wash/cleaning service: $855.00

 

5. Cemetery/columbarium/mausoleum: $855.00

 

6. Check-cashing, short-term loan/title loan establishment: $1,502.00

  

7. College/University: $855.00

 

8. Community Center: $389.00

 

9. Community Supported Agriculture: $104.00

  

10. Crematory: $855.00

 

11. Day Care (home & family): $596.00

  

12. Day Care (11-20 children) (group): $596.00

 

13. Day Care Center (21+): $829.00

 

14. Day labor employment agency: $829.00

 

15. Demolition debris landfill: $1,502.00 

 

16. Detention & Correctional Facilities: $1,502.00

 

17. Drive-Thru facility: $855.00

 

18. Entertainment & Spectator Sports: $855.00

 

19. Entertainment: Small venue (1-149 capacity): $466.00

  

20. Entertainment Medium venue (150-499 capacity): $855.00

 

21. Entertainment: Large Venue (500 + capacity): $1,502.00

  

22. Entertainment: Outdoor (all sizes): $1,502.00

 

23. Financial Services (except check-cashing and pawn shops): $829.00

 

24. Gasoline & Fuel Sales: $855.00

 

25. Group Living: $596.00

  

26. Heavy equipment sales/rental: $855.00

 

27. Historic Landmark (reuse of officially designated historic landmark, local or national): $207.00

 

28. Hospital: $855.00

 

29. Hotel/motel: $855.00

 

30. Household living: $855.00

 

31. Junk/Salvage Yard: $1,502.00

 

32. Library/Museum/Cultural Exhibit: $389.00

 

33. Light equipment sales/rental (indoor): $855.00 

 

34. Light equipment sales/rental (outdoor): $1,502.00

 

35. Manufacturing, Production & Industrial Service – limited: $1,502.00

  

36. Manufacturing, Production & Industrial Service – general: $1,502.00

 

37. Mining & Quarrying: $1,502.00

  

38. Motor Vehicle repair limited: $855.00

 

39. Motor Vehicle repair general: $855.00

 

40. Neighborhood-serving retail: $855.00

 

41. Nursing Homes: $829.00

  

42. Office, Administrative, Professional or General: $855.00

 

43. Park/Recreation: $466.00

  

44. Parking, non-accessory: $855.00

 

45. Pawn Shops: $1,502.00

 

46. Recreation vehicle park: $1,502.00

 

47. Recycling Service – limited: $1,502.00

 

48. Recycling Service – general: $1,502.00

 

49. Religious Assembly: $389.00

  

50. Repair or Laundry Service, Consumer: $855.00

 

51. Residential Storage Warehouse: $855.00

  

52. Safety Service (except for police and fire stations): $855.00

 

53. School: $389.00

 

54. Solid waste separation facility: $1,502.00

 

55. Sports & Recreation, Participant (indoor): $855.00

  

56. Sports & Recreation, Participant (outdoor): $1,502.00

 

57. Stable: $829.00

 

58. Tavern or nightclub: $855.00

 

59. Transfer station: $1,502.00

 

60. Undertaking: $855.00

 

61. Utility & Services (except basic, minor): $855.00

  

62. Vehicle Sales & Service: $855.00

 

63. Vehicle Storage/towing: $1,502.00

  

64. Warehousing, Wholesaling, Freight Movement – indoor: $855.00

 

65. Warehousing, Wholesaling, Freight Movement – outdoor: $1,502.00

 

66. Waste Related Use: $1,502.00

 

67. All other uses: $855.00

 

(3) Administrative Fees.

 

A. Minor site 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

 

B. Minor Plan Amendment:

 

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

 

C. Administrative Adjustments: $259.00

 

D. All other administrative approval requests: $259.00

 

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

 

C. The City Plan Commission and the Board of Zoning Adjustment shall have the authority to waive the fees set out in this subsection in the interests of justice.

 

D. Transcripts on appeal to circuit court. Transcripts, necessary upon appeal to the circuit court, shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the board of zoning adjustment to take testimony given at the public hearing. The board may waive the transcription costs where it is determined that the appellant is unable to pay the costs. The cost of the transcript will be refunded to the appellant if the appellate court orders such refund upon judgment.

 

E. The City Manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the City Manager in conjunction with the adoption of the annual budget of the City by filing a notice with the City Clerk.

  

 

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88-810-510 DEVELOPMENT DISTRICT

A district that is established through approval of a development plan, preliminary development plan, master planned district, or urban redevelopment district, or a plan approved by the city council prior to the effective date of this ordinance.

 

 

_____________________________________________

 

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