KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 090909 Introduction Date: 10/22/2009
Type: Ordinance Effective Date: 2/14/2010
Sponsor: None
Title: Amending Chapter 88, Code of Ordinances, by adding a new Section 88-25-03.1, Continuation of Use Conditions and Use Limitations on Site-Specific Development Plans, and amending Section 88-530-10, Approval Criteria, to add additional criteria for the review of major and minor site plans.

Legislation History
DateMinutesDescription
10/22/2009 Filed by the Clerk's office
10/22/2009 Referred to Planning and Zoning Committee
12/2/2009 Hold On Agenda (1/6/2010)
1/6/2010 Hold On Agenda (1/20/2010)
1/20/2010 Councilmember Sharp Move to Amend
1/20/2010 Do Pass as a Second Committee Substitute
1/21/2010 Assigned Third Read Calendar as Substituted
1/28/2010 Councilmember Skaggs Move To Re-refer
1/28/2010 Re-Referred Planning and Zoning Committee
2/3/2010 Advance and Do Pass Third Committee Substitute, Debate
2/4/2010 Passed As Third Substitute

View Attachments
FileTypeSizeDescription
090909.pdf Authenticated 132K AUTHENTICATED
090909 3d cs to cs2-com.docx Advertise Notice 17K compared version-3d cs to cs2
090909 cs2 to org ord-com.docx Advertise Notice 20K compared version-2nd comm sub to orginal ord
090909 cs1 to org ord-com.docx Advertise Notice 19K compared version-1st comm sub to orginal ord
090909_2ndCS_P Z_01_20_2010.docx Fact Sheet 17K Fact Sheet Addendum; 2nd CS Ord 090909 (PLEASE DISTRIBUTE TO COUNCIL)
fs_254s259­_01_14_2010.xls Fact Sheet 119K Fact Sheet - REVISED, USE THIS ONE
fs_254s259­_01_11_2010.xls Fact Sheet 117K Fact Sheet
254S259_stfrpt_01_05_2010_ConditionsRemain_REVISED.doc Staff Report 1022K staff report, 01-05-2010

Printer Friendly Version

SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 090909

Amending Chapter 88, Code of Ordinances, by adding a new Section 88-25-03.1, Continuation of Use Conditions and Use Limitations on Site-Specific Development Plans, and amending Section 88-530-10, Approval Criteria, to add additional criteria for the review of major and minor site plans.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by enacting a new Section 88-25-03.1, Continuation of Use Conditions and Use Limitations on Site-Specific Development Plans, to read as follows:

 

Sec. 88-25-03.1. Continuation of Use Conditions and Use Limitations on Site-

Specific Development Plans.

 

Use conditions and use limitations imposed through site-specific development plans and ordinances approving those plans will remain in full force and effect until such time as the City Council approves an amendment to such plan in accordance with the rezoning procedure of Section 88-515. A use condition or use limitation shall be deemed to exist if a) the use was specifically stated on a plan approved under a limited district as such district heretofore existed as Section 80-271 and a plan amendment would have been required to be approved by the City Council prior to a permit being issued for a change to a more intense use or b) the plan stated that further city approval was required to change the use; or c) the plan specified that uses were limited to those stated. This section shall remain in effect until June 1, 2015.

 

Section 2. That Section 88-530-10, Approval Criteria, is hereby repealed and replaced with a new section of like number and title, to read as follows:

 

88-530-10   Approval Criteria

 

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

 

88-530-10-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);

 

88-530-10-B. the proposed use must be allowed in the district in which it is located;

 

88-530-10-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 as well; and

 

88-530-10-D. the plan must provide for safe, efficient and convenient non-motorized travel opportunities, being pedestrian and bicycle movement, on the subject site.

 

88-530-10-E. the plan must provide for adequate utilities based on City standards for the particular development proposed.

 

88-530-10-F. the location and orientation of buildings and other structures on the site must be designed to be compatible with adjacent properties.

 

88-530-10-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; and

 

88-530-10-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.

 

88-530-10-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.

 

Section C. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by City Ordinance and Missouri law have been given and had.


___________________________________________

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney