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Last Published: 10/6/2017 3:17:12 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Present:5 - SCOTT TAYLOR, LEE BARNES JR., HEATHER HALL, QUINTON LUCAS, KATHERYN SHIELDS
 

170756
COMMUNICATION - Notice received to the City Clerk regarding a Petition to establish the South Bristol Center Community Improvement District.


RECEIVED AND FILED

Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0

170757
COMMUNICATION - Notice to the City Clerk from the Waldo Community Improvement District regarding the submission of their Annual Report for fiscal year ending April 30, 2017.


RECEIVED AND FILED

Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0

170758
COMMUNICATION - Notice to the City Clerk from the Brookside Community Improvement District regarding the submission of their Annual Report for fiscal year ending April 30, 2017.


RECEIVED AND FILED

Nays: 0

170759
COMMUNICATION - Notice of lntent to Accept the Industrial Development Contract proposal submitted by River Market West II, LLC for redevelopment of the River Market West II Project in the Market PIEA Area.


RECEIVED AND FILED

Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0

170760
COMMUNICATION - Notice of lntent to Accept the Industrial Development Contract proposal submitted by 1111 Grand Hotel, LLC for redevelopment of the Ambassador Hotel Expansion Project in the Downtown Loop PIEA Area.


RECEIVED AND FILED

Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0
 
 Beginning of Consent Items

170761
Approving the plat of Forestbrooke, an addition in Platte County, Missouri, on approximately 3.24 acres generally located at the southeast corner of N. Mace Road and N.W. 79th Place, creating 12 lots for the purpose of constructing single-family homes and 1 tract for the purpose of detention; accepting various easements; establishing grades on public ways; authorizing the Director of City Planning and Development to execute and/or accept certain agreements; and directing the City Clerk to record this ordinance and attached documents. (SD1561A)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, CONSENT"
Jeffrey Williams, City Planning and Development, gave the staff report on the Ordinance. This is a routine final plat that is in accordance with City Ordinance and State Statute.
Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0

170762
Approving the plat of Park Hill Middle School 4, an addition in Platte County, Missouri, on approximately 49.8 acres generally located at the southwest corner of N. Northwood Road and N.W. 56th Street, creating 1 lot for the purpose of constructing a middle school and 1 tract for the purpose of a stream buffer; accepting various easements; authorizing the Director of City Planning and Development to execute and/or accept certain agreements; and directing the City Clerk to record this ordinance and attached documents. (SD0987C)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, CONSENT"
Jeffrey Williams, City Planning and Development, gave the staff report on the Ordinance. This is a routine final plat that is in accordance with City Ordinance and State Statute.
Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0
 
 End of Consent Items

170769
Authorizing the City Manager to execute an amendment to the Restated Lease and Acquisition Agreement with Block 66, LLC, for the purpose of accelerating the addition of a parcel within the East Village.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS"
Kerrie Tyndall, City Manager's Office, gave the staff report on the Ordinance. This Ordinance would authorize the City Manager to execute an amendment to the Restated Lease and Acquisition Agreement with Block 66, LLC, for the purpose of accelerating the addition of a parcel within the East Village.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170771
Amending Chapter 88, Zoning and Development Code, to regulate provision of short term rental. (254-S-316)***THIS ITEM WILL BE HEARD FIRST AT 1:30PM***


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (10/18/2017)"
Diane Binckley, Patty Noll, and Greg Franzen, City Planning and Development, gave the staff report on the Ordinance. It was noted that this is a companion to Ordinance 170772. The short term rental (STR) ordinance allows for two types of permits. The first is owner occupied short term rental (Type 1). This is for homeowners who seek to put their full-time residence on a platform for the purpose of renting it out to guests for a time less than thirty days per stay. Full time residence means the host inhabits the property for a minimum of 270 nights per year. The second type of STR is non-owner occupied short term rental (Type 2) which are for property owners who do not live on the property full time and rent out the property up to 365 days a year to guests for a time less than thirty days per stay. Type 1 is allowed via a registration program and will be $100 the first year and $50 in following years. The first year, the property owner is required to notify adjacent residential properties of the proposed use. They are not required to get approval of the neighbors. Type 2 is allowed via an administrative approval ($259 first year and $50 registration each year following) and the supportive signatures of 55% of adjacent residential property owners and tenants in the case of an apartment building. If the property owner is unable to obtain the 55% approval then they may pursue a special use permit ($595 application fee) through the standard process. If an SUP is granted then each following year the property owner must register and pay the $50 registration fee. Accessory dwelling units (ADU) are currently not allowed for rental to non-family members and therefore, this ordinance does not allow for short term rentals either. Staff has committed to reviewing all ADU rentals in the coming year. Short term rentals are allowed in all residential zones with limited allowances for multi-family residential in R zones. Multi-family dwelling units are allowed to be used for Type 1 rentals in residential zones, and are limited for Type 2 rentals. The Type 2 rentals are limited to 1 or 25% of the building in residentially zoned multi-family dwellings if signatures are obtained. Multifamily units are allowed to be used for Type 1 and Type 2 in B, D and M1 zones as well, but without the 25% limitation as described in the residentially zoned multi-family. To ensure the multi-family buildings do not become a hotel, each entity may have a maximum of four STRs per building. Hosts will be required to obtain a business license. STR’s will not be required to capture transient taxes. Taxing STR’s would require two steps: an enabling statute from the state legislature, and a vote by the people of Kansas City. It would be an extension of the Convention & Tourism tax, a 7.5% tax on the total stay that the guest would pay, and the host (or platform on behalf of the host) would collect.
Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0

170772
Amending Chapter 18, “Buildings and Building Regulations,” Article II, Section 18-40, to enact provisions for regulation of short term rental.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (10/18/2017)"
Diane Binckley, Patty Noll, and Greg Franzen, City Planning and Development, gave the staff report on the Ordinance. It was noted that this is a companion to Ordinance 170772. The short term rental (STR) ordinance allows for two types of permits. The first is owner occupied short term rental (Type 1). This is for homeowners who seek to put their full-time residence on a platform for the purpose of renting it out to guests for a time less than thirty days per stay. Full time residence means the host inhabits the property for a minimum of 270 nights per year. The second type of STR is non-owner occupied short term rental (Type 2) which are for property owners who do not live on the property full time and rent out the property up to 365 days a year to guests for a time less than thirty days per stay. Type 1 is allowed via a registration program and will be $100 the first year and $50 in following years. The first year, the property owner is required to notify adjacent residential properties of the proposed use. They are not required to get approval of the neighbors. Type 2 is allowed via an administrative approval ($259 first year and $50 registration each year following) and the supportive signatures of 55% of adjacent residential property owners and tenants in the case of an apartment building. If the property owner is unable to obtain the 55% approval then they may pursue a special use permit ($595 application fee) through the standard process. If an SUP is granted then each following year the property owner must register and pay the $50 registration fee. Accessory dwelling units (ADU) are currently not allowed for rental to non-family members and therefore, this ordinance does not allow for short term rentals either. Staff has committed to reviewing all ADU rentals in the coming year. Short term rentals are allowed in all residential zones with limited allowances for multi-family residential in R zones. Multi-family dwelling units are allowed to be used for Type 1 rentals in residential zones, and are limited for Type 2 rentals. The Type 2 rentals are limited to 1 or 25% of the building in residentially zoned multi-family dwellings if signatures are obtained. Multifamily units are allowed to be used for Type 1 and Type 2 in B, D and M1 zones as well, but without the 25% limitation as described in the residentially zoned multi-family. To ensure the multi-family buildings do not become a hotel, each entity may have a maximum of four STRs per building. Hosts will be required to obtain a business license. STR’s will not be required to capture transient taxes. Taxing STR’s would require two steps: an enabling statute from the state legislature, and a vote by the people of Kansas City. It would be an extension of the Convention & Tourism tax, a 7.5% tax on the total stay that the guest would pay, and the host (or platform on behalf of the host) would collect.
Ayes: 4 - Taylor, Barnes Jr., Hall, Lucas
Nays: 0

170773
(Sub.)
Accepting and approving the recommendations of the Tax Increment Financing Commission of Kansas City as to the Fifth Amendment to the Universal Floodwater Detention Tax Increment Financing Plan; authorizing and approving a Cooperative Agreement and Redevelopment Agreement in connection therewith; authorizing the construction of certain public infrastructure improvements; recognizing this ordinance as having an accelerated effective date; providing for the termination of each Redevelopment Project; and directing the City Clerk to transmit copies of this ordinance.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE, DEBATE"
Cathleen Flournoy, Economic Development Corporation, gave the staff report on the Ordinance. This Ordinance would arthorize the City Manager to enter into a Redevelopment Agreement with the TIF Commission for the implementation of the Public Improvements contemplated by the Fifth Amendment. Authorizing the City Manager to enter into a Cooperative Agreement with the Commission and Jackson County to provide for the City's contribution of it portion of the surplus to the atffected taxing districts.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170774
Rezoning a 7 acre tract of land generally located on the north side of N.E. 82nd Street, the south side of Missouri Route 152, between I-435 on the east and N. Brighton Avenue on the west, from District R-80 to District R-1.5. (13087-P-13)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Olofu Agbaji, City Planning and Development, gave the staff report on the Ordinance. The 7-acre project site is generally located on the north side of NE 82nd Street, the south side of MO Route 152, between I-435 on the east and N. Brighton Avenue on the west. This parcel was not part of the existing Brighton Creek or Brighton Crossing development. Brighton Creek apartments is part of an overall 40-acre Chapter 80 development plan approved by Ordinance No. 080471 passed by City Council on June 26, 2008. The plan approved a development plan allowing for 336 rental apartment units in seven structures. The plan also included a Clubhouse and pool, a maintenance building that includes a private carwash. Directly east of this site is Brighton Crossing, a 380-unit townhome and multifamily condominium development approved by City Council in 2005.
Ayes: 4 - Taylor, Barnes Jr., Hall, Shields
Nays: 0

170775
(Sub.)
Approving the preliminary plat of Maple Park Gardens in District R-7.5 on a 1 acre tract of land generally located at the northwest corner of N.E. 62nd Street and N. Drury Avenue, creating 5 single family residential lots. (SD 1567)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS AS A COMMITTEE SUBSTITUTE"
Olofu Agbaji, City Planning and Development, gave the staff report on the Ordinance. The applicant proposed to subdivide the existing 1 acre platted lot into five single family residential lots within zoning district R-7.5. The parcel has about 435 feet of frontage along NE 62nd Street and is 111 feet along N. Drury Avenue (lot depth). The proposal is to demolish the existing single family home to allow for the development. Lot 1 is proposed to be 10,798 square feet with 112 feet of frontage. Lot 2 is proposed to be 7,552 square feet with 71 feet of frontage. Lot 3 and 4 are proposed to be 7,588 square feet with 71 feet of frontage. Lot 5 is proposed to be 9,083 square feet with 85 feet of frontage. All the lots will have access on NE 62nd Street. Zoning district R-7.5 requires a minimum of 7,500 square feet per lot and a minimum of 50 feet of frontage on a public street. The proposed preliminary plat meets the requirement of the Zoning and Development code in terms of lots width and sizes.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170776
(Sub.)
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; and recognizing this ordinance as having an accelerated effective date.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS AS A COMMITTEE SUBSTITUTE"
Councilwoman Kathryn Shields, 4th District at-Large, gave the staff report on the Ordinance. This Ordinance will allow for the facilitation of 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, and the issuance of demolition permits in the Westport area
Ayes: 4 - Barnes Jr., Hall, Lucas, Shields
Nays: 1 - Taylor

170600
Imposing a moratorium until April 13, 2018, on the approval of development plans, rezonings, project plans, right-of-way vacations, and the issuance of demolition permits in the Westport area, as outlined in red on the attached map.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (10/18/2017)"

Ayes: 4 - Taylor, Barnes Jr., Hall, Shields
Nays: 0
 
 1. There may be general discussion regarding current Planning, Zoning and Economic Development issues.
 
 2. Pursuant to the following subsections of Section 610.021 of the Revised Statutes (1) legal matters, litigation, or privileged communications with attorneys of Missouri, there may be a closed session to discuss: , pursuant tosubsection 1; (2) real estate, pursuant to subsection 2; (3) personnel, pursuant to subsection 3 and 13; and/or (4) sealed bids or proposals, pursuant to subsection 12.
 
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