(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