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Legislation #: 001218 Introduction Date: 9/14/2000
Type: Ordinance Effective Date: 10/29/2000
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by repealing Section 80-206, Procedure to establish District GP and individual development within the district, and Appendix A, Section 2.7, GP-7, Agricultural and low-density residential uses, and enacting in lieu thereof two new sections of like numbers and subject matters.

Legislation History
DateMinutesDescription
9/14/2000

Prepare to Introduce

9/14/2000

Referred Planning, Zoning & Economic Development Committee

10/11/2000

Do Pass

10/12/2000

Assigned to Third Read Calendar

10/19/2000

Passed


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ORDINANCE NO. 001218

 

Amending Chapter 80, Code of Ordinances, by repealing Section 80-206, Procedure to establish District GP and individual development within the district, and Appendix A, Section 2.7, GP-7, Agricultural and low-density residential uses, and enacting in lieu thereof two new sections of like numbers and subject matters.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 80-206, Procedure to establish District GP and individual development within the district, and Appendix A, Section 2.7, GP-7, Agricultural and low-density residential uses, and enacting in lieu thereof a new section of like numbers and subject matters, to read as follows:

 

Sec. 80-206. Procedure to establish district GP and individual development within the

district

 

(a) Amendment to zoning district map.

 

(1) A district GP shall be established through an amendment to the zoning district map, in the same manner as provided for any amendment to this chapter and the boundary thereof shall be identified by dashed lines, as distinguished from the solid lines of other zoning district boundaries. Where the boundary of a district GP coincides with the boundary of other zoning districts, it shall be shown adjacent and parallel to said zoning boundary but shall be construed as being the same location unless otherwise indicated on the zoning map.

 

(2) Each district GP shall be labeled within its boundaries on any zoning district map by a name or number, which shall identify the particular district GP with corresponding name or number in the margin of the zoning district map and which in turn identifies the ordinance establishing that particular district GP and its date of passage.

 

(3) Upon the establishment, by ordinance, of a district GP, all zoning districts which were in effect at the time of establishment shall be reclassified into GP control zones. No land or structure within the boundary of districts GP 1 through 7 inclusive (except as noted in Appendix A, Section 2.7), shall be used for any purpose other than a lawful use established before the district GP was established, unless a specific plan of development, conforming to the general development and land use plan of the district GP has been submitted and approved by ordinance. Any land within a district GP on the date of its establishment which has an approved zoning development plan or plat, shall be deemed to meet the requirement of a specific development plan as required by this section.

 


(b) Application. Application for any specific planned development within a district GP shall be submitted in the same manner as required for any amendment to this chapter.

 

(c) Development Plans.

 

(1) Every application for GP districts and any amendments to an approved development plan shall be accompanied by a development plan containing the following information:

 

a. Name of development.

 

b. Name, address, and phone number of person or firm that prepared the plan.

 

c. Date plan prepared and any revision dates.

 

d. Graphic and written scale of one inch equals 10, 20, 30, 40, 50, 60, or 100 feet. A scale of one inch equals 200 feet may be used for applications consisting of over 200 acres.

 

e. A legal description of the property.

 

f. A general plan for signage and architectural features, if such architectural features are critical to the development of the project site.

 

g. North arrow.

 

h. Location map identifying boundaries of property in relation to major streets.

 

i. Existing property lines identifying point of beginning and distances and bearings of property lines, consistent with the submitted legal description of the application.

 

j. Identification and written dimensions of the width from centerline and total width of existing perimeter and interior streets, other rights-of-way, and existing easements.

 

k. Identification and written dimensions of the total width of pavement of existing streets.

 

l. Identification and written dimensions of additional street right of way to be dedicated and width of any proposed interior streets and easements.

 

m. 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.

 

n. Name of adjacent platted subdivision and identification of lot number and tracts.

 

o. Location, identification, and dimension of proposed lots and tracts.

 

p. 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.

 

q. 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.

 

r. 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.

 

s. Location and identification of proposed and existing signs to be retained, with written setback dimensions from proposed street right of way, and type, height, and area of sign. Elevations of freestanding signage to portray this information may be provided on the site plan.

 

t. Location and identification of boundaries and phase numbers of the development if proposed to be platted or developed in phases, including the buildings, structures, access, and parking areas in each phase.

 

u. Existing and proposed topography, with contours at an interval of not less than 5 feet and with approximate first floor elevations of buildings.

 

v. Location and identification of any proposed and any existing site features to be retained, including detention areas, retaining walls, and other pertinent site features.

 

w. A written legend which utilizes numbers or letters to allow cross reference and includes the following information in the following order:

 

1. Existing zoning of property and proposed zoning, including types of GP district requested.

2. Total land area in square feet or acre.

 

3. Land area or acres for existing and proposed street right of way.

 

4. Net land area or acres.

 

5. Proposed use or uses of each building and structure.

 

6. Height above grade of buildings and structures and number of floors of each building.

 

7. Gross floor area per floor and total of each building. Residential buildings shall also include type of dwelling units, number of dwelling units per floor, and total number of dwelling units.

 

8. Building coverage and floor area ratio.

 

9. Residential development shall, in addition, identify gross and net density.

 

10. Ratio of required number of parking spaces for each use and amount of required proposed parking spaces.

 

11. Commencement and completion dates for each phase.

 

12. 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.

 

x. Any other information necessary for a determination as to the suitability of the plan for the site.

 

(d) Final plans

 

(1) Prior to the issuance of a building permit for all or any part of a GP district, there shall be submitted a final plan for review and approval by the City Plan Commission. This final plan shall be the basis for the issuance of any building permit.

 

(2) Every final plan shall provide all the information required of a development plan and shall further include grading, landscaping, lighting and signage plans.

 

(3) The City Plan Commission shall review the final plan and determine if the final plan is in substantial compliance with the development plan, allowing for slight


differences in setbacks, yard and parking requirements and ratio of building coverage to land area where conditions justify such changes.

 

(4) If the City Plan Commission determines that the final plan is in substantial compliance with the development plan, the City Plan Commission shall approve the final plan and so advise the Director of Codes Administration.

 

(5) If the City Plan Commission determines that the final plan is not in substantial compliance with the development plan, the applicant may elect to:

 

a. File an amendment to the development plan; or

 

b. Appeal the decision of the City Plan Commission to the Director of Codes Administration.

 

(e) Failure to proceed and plan revision or adjustment.

 

(1) Where for any reason construction of an approved development plan within a district GP does not proceed within a period of two years from the date scheduled for start of construction or if construction of any subsequent stages of development does not proceed within two years from the date as submitted in the contemplated schedule of construction, the development of any undeveloped stage thereof may be repealed by ordinance and any zoning change which may have been made as a result thereof may be restored to the original or to any other appropriate district consistent with the general development and land use plan adopted by ordinance unless the applicant shall have submitted a revised plan or revised schedule which may be approved by ordinance and adopted in lieu of the original plan or schedule.

 

(2) When in the course of carrying out any stage of the development and adjustments of detail may be required, such adjustment may be permitted, if approved by the Director of the City Development Department, provided that such adjustments are in compliance with all applicable regulations of this chapter, the general development and land use plan adopted by ordinance and in substantial compliance with the final plan as approved by the City Plan Commission.

 

APPENDIX A

 

2.7 GP-7. Agricultural and Low Density Residential Uses.

 

I. Purpose.

 

The GP-7 zone is intended primarily for areas of the City on the outer edge of urbanized development. Subdivision of land to higher density development is usually premature, due to lack of adequate utility services, roadways and other transportation systems. Use of land and minimum low (lot) area is related primarily to agricultural activities. Uses in district GP-7 are hereby divided as uses requiring approval of a development plan in accordance with Section 80-206 and those uses not requiring approval of a development plan.

 

II. Permitted uses.

 

The following uses shall be permitted:

 

A. Principal uses requiring approval of a development plan in accordance with Section 80-206.

 

1. Utility right-of-way, substantions and pressure control station.

 

2. Water treatment plants and water storage.

 

3. Sewage treatment plants.

 

4. Cemeteries.

 

5. Governmental services.

 

6. Elementary schools, public and private.

 

7. Junior high and senior high schools and institutions of higher learning.

8. Churches.

 

9. Golf courses and country clubs.

 

10. Playgrounds, playfields, athletic fields, swimming beaches.

 

11. Boat rentals and boat access sites and marinas.

 

12. Camping and picnic grounds.

 

13. Hunting and fishing clubs.

 

14. Groups or organized camps for recreation.

 

15. Veterinarian services.

 

16. Horticultural services.

 

17. Nurseries for trees, plants, and shrubs including retail sale when grown on the premises.

 

18. Quarries and other extraction of minerals (subject to Section 4.4).

 

19. Commercial communication towers, subject to the following conditions:

 

(a) That the tower be set back a distance of at least two-thirds the tower height to the nearest property line from center of tower and guy wires and sim8ilar support devices be no closer than twenty (20) feet from any lot line.

 

(b) That height of tower shall be subject to meeting the setback requirements as stated in (a) above, or shall be limited to the height requirements if within an airport approach zone as defined in Section 6-73, Code of Ordinances, whichever is less.

 

(c) That the applicant submit:

 

(i) Site plan showing the location of the tower and any outbuildings proposed or existing on the property, fences and screenings.

 

(ii) Engineering specifications detailing construction of tower, base and guy wire anchorage.

 

(iii) Provision for anti-climb fence around perimeter of tower.

 

(iv) Details of any accessory building including construction plans, elevations and use with provisions for one parking space for every two persons anticipated to be working in the building.

 

(d) That applicant present documentation of the possession of any required license by any federal, state or local agency.

 

20. Wireless communication facilities, subject to the following conditions:

 

(a) Purpose.

 

(1) Collocation as City policy. Wireless communication providers are encouraged to collocate at single sites unless technically and economically impossible. This goal recognizes that the reduction in the number of facilities may result in an increase in the height of facilities that are permitted.

 

(2) Industry cooperation. Wireless communications providers should work together to develop a network of wireless communications facilities and sites that all providers can share to minimize the number of facilities.

 

 

(b) Building permit required. The construction of a wireless communications facility requires a building permit. In addition to the requirements of the building code, an applicant for a building permit must meet the requirements of this section. In this section, the term applicant means the entity wishing to place a wireless communications facility in the City.

 

(c) Site plan. When seeking a building permit, an applicant must submit a site plan showing the conditions required by this section, and other applicable regulations, including Chapter 25, Communications Transmissions Systems, Code of Ordinances, and Chapter 2, Article VI, Division 8, Landmarks Commission, Code of Ordinances.

 

(d) Location.

 

(1) Technical data. An applicant for a wireless communications facility shall provide engineering or other appropriate technical data establishing the need for a facility at the requested location.

 

(2) Collocation. An applicant shall describe efforts made to collocate the required equipment on existing wireless communications facilities and on other existing structures. An applicant shall describe why collocation is not possible, thus requiring the construction of a new wireless communications facility. All new facilities shall be construct4ed to permit the collocation of no less than two additional broadband providers.

 

(3) Public safety facilities. Operators of facilities shall by obtaining a permit to construct a facility, agree to permit the collocation of public safety communications facilities owned or operated by the City or the City Police Department on terms and conditions mutually agreeable to each party.

 

(4) Consideration of public property. An applicant shall indicate whether public property, particularly property of the City of Kansas City, Missouri, is appropriate for placement of wireless communications facilities. Efforts to locate the required equipment on public property shall be described. If the use of public property is not possible, the applicant shall explain why a wireless communications facility cannot be placed on public property.

 

(5) Separation of facilities.

 

A. One mile separation. Monopoles or other towers constructed as part of a wireless communications facility shall not be located closer than within a one mile radius of the center of the base of another monopole or other tower constructed as part of a wireless communications facility. This requirement does not apply to antennas or other equipment located on existing building or to be collocated on existing monopoles or towers.

 

B. Exception. A facility may be located within the one mile radius of another facility if an engineering or other appropriate technical study establishes that there are not suitable sites available that meet the one mile separation requirement. A lack of suitable sites means that there are no existing wireless communications facilities available for collocation, no existing buildings or other structures available for placement of equipment or, for engineering or other appropriate technical reasons, equipment must be located closer than one mile apart to operate the wireless communications systems.

 

(6) Exception to height limitations. To encourage the use of existing structures, a wireless communications provider may place an antenna on an existing building even though the resulting height of the existing building exceeds that allowable for the zoning districts in which the building is located by up to 25 feet. All other requirements of the zoning district will apply to any structure required to hold and protect equipment.

 

(7) Not second principal use. The constructions of a wireless communications facility shall not be considered a second principal use of property.

 

(e) Setback.

 

(1) Property line.

A. Front property lines. A setback of at least 50 feet shall apply to the front property line, unless a larger setback applies.

 

B. All other property lines. Setback requirements, unless specifically addressed in this subsection, shall comply with the requirements applicable to all structures located in a C-2 district.

 

(2) Residential district. A wireless communications facility shall be located no less than 200 feet from any residential structure located within a residential district. If a wireless communications facility is taller than 200 feet, the separation from the center of the facility to a residential structure located within a residential district shall equal the height of the facility.

 

(f) Type of facility.

 

(1) Monopole. A wireless communications facility shall be a freestanding monopole and a structure no larger than necessary to protect the required equipment.

 

A. Exception least intrusive alternative. If an applicant establishes than an alternative design, without guy wires, is less intrusive to a neighborhood than a monopole, an alternative design may be considered. To determine whether an alternative design is less intrusive, factors such as, but not limited to, the following may be considered: size, color, location, attempts to disguise the facility.

 

B. Exception disguised facilities. An applicant may use disguised facilities, such as poles or towers designed to appear like trees.

 

C. Exception collocation. If an applicant establishes that by use of an alternative design, without guy wires, that collocation of facilities will occur, and that any intrusion for a neighborhood is mitigated by collocation, an alternative design may be considered.

 

(g) Screening.

 

(1) General. Unless located in an undeveloped area, adjacent property shall be screened from the equipment and ground-level portion of the facility. Screening may be accomplished by visual barrier fence or landscaping, or both. Landscaping shall provide screening throughout all seasons.

 

(2) Undeveloped areas. Facilities located in undeveloped areas need not be screened when constructed if the bottom 25 feet of the facility is not visible, based upon a six foot line of sight, from public rights-of-way or adjacent property. Once the area around the wireless communications facility begins to develop and the bottom 25 feet of the facility will become visible to public rights-of-way or adjacent property, the wireless communications facility shall be screened from adjacent property or rights-of-way. Screening may be accomplished by a visual barrier fence or landscaping, or both. Once construction begins on a project or segment of a project that will result in the wireless communications fa8iclity becoming visible from public rights-of-way or adjacent property, the wireless communications facility shall be screened within three months of commencement of the project or segment of the project causing the required screening. The City shall endeavor to provide notice of the commencement of the project or segment of the project, but the failure to give such notice shall not be a justification for failing to screen the facility.

 

(h) Lighting. Only basic security lighting shall be permitted. Lighting shall not result in glare on the adjacent properties. A lighting ring chart shall be provided as part of the plan submitted for approval of any facility. This requirement does not preclude the use of light poles, athletic field light structures or other sources of light from being used to disguise or to support wireless communications facilities. Lighting required by federal authorities including the Federal Communications Commission of the Federal Aviation Administration are recognized as superseding local requirements for lighting when the requirements are inconsistent.

 

(i) Signs. A wireless communications facility may not have signage for business identification or advertising attached or incorporated into the facility except for a sign no larger than 12 inches by 18 inches which contains the name of the operator and an emergency telephone number. This prohibition does not preclude the use of existing signs or billboards from being used to disguise or to support wireless communications facilities. This prohibition is not intended to supersede any requirement by the Federal Communications Commission or other appropriate agency for identification signs.

 

B. Principal uses not requiring approval of a development plan:

 

1. One-family dwellings.

 

2. Railroad right of way.

 

3. Parks, public.

 

4. Farms for the raising of all crops.

 

5. Orchards.

 

6. Truck gardening.

 

7. Dairy farms.

 

8. Farms for the raising of all livestock.

 

9. Poultry farms and poultry hatching services.

 

10. Apiary farms.

 

11. Fish hatcheries.

 

12. General farms, ranges and pastures.

 

13. Grist milling, corn shelling, hay baling and threshing services.

 

14. Sorting, grading and packaging of fruits and vegetables, and retail fruit and vegetable stands for products grown on the premises.

 

III. Building height, lot area and yards.

 

A. Building height. Three (3) stories (see also Section 1.6).

 

B. Minimum lot.

 

1. For one-family dwellings, forty (40) acres.

 

2. For churches and elementary schools, five (5) acres.

 

3. For secondary junior and senior high schools and institutions of higher learning, ten (10) acres.

C. Yards. Minimum yard area adjacent to any property line, thirty (30) feet.

 

IV. Parking and loading regulations.

 

Same as regulation in Sections 80-444 and 80-445, Code of Ordinances (the Zoning Ordinance).

 

Section 2. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney