COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 021367

Amending Chapter 80, Code of Ordinances, by repealing Sections 80-266, Neighborhood plan in district MPC, 80-267, Final plat and final plan required in district MPC, and 80-268, Amendments to plans in district MPC, and enacting in lieu thereof new sections of like number and subject matter.

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 Sections 80-266, Neighborhood plan in district MPC, 80-267, Final plat and final plan required in district MPC, and 80-268, Amendments to plans in district MPC, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

Sec. 80-266. Neighborhood plan in district MPC.

After establishment of a district MPC but prior to approval of any final plan or final plat affecting an area within a neighborhood, the applicant shall submit for approval a neighborhood plan identifying the improvements for storm drainage, sanitary sewer, water lines, street construction and park dedication. Prior to the submission of the neighborhood plan, the applicant shall submit a proposal to conduct a meeting in the vicinity of such Neighborhood Plan to solicit comments from adjoining property owners. The neighborhood plan shall be reviewed and approved by the appropriate City department prior to any approval of a final plan or final plat for the neighborhood.

A neighborhood plan is a narrative and illustrative plan which presents a program for public facilities related to the neighborhood as a whole. A neighborhood plan shall consist of all of the following:

(a) Land use plan, including a graphic plan designating acreage and locations for proposed uses, preliminary yields for each identified permitted use within the neighborhood and preliminary lots or parcels with configuration and dimensions.

(b) Infrastructure plan, including a proposed street and public right-of-way layout, capacity and dimensions and utilities master studies to establish capacities, sizing and linkages with off-site facilities.

(c) Community facilities plan, including general locations and sizes of public and private parks, open space and other community facilities (schools, public safety and other similar uses).

(d) Community design for neighborhood with design guidelines addressing architecture and materials, landscaping, fencing and signage.

(e) Implementation with subarea and construction phasing, private design review details, and timing of dedication and construction of public and private facilities.

Sec. 80-267. Final plat and final plan required in district MPC.

(a) Final Plat. Prior to the issuance of a building permit for any construction within district MPC, the area included within the building permit shall be platted. At the option of the applicant, any portion of the community master plan may serve also as the preliminary subdivision plat. Such option must be declared prior to the hearing before the City Plan Commission. At the time of submission of a final plat, the applicant for the final plat shall provide an audit of the neighborhood development as of the date of the submission of the application for a final plat demonstrating that

densities established by the community and neighborhood plans have not been exceeded and further that the audit identify the existing parkland dedication and any deficiencies or surpluses in the amount of required dedication.

(b) Final Plan.

(1) Prior to the issuance of any building permit within the area zoned district MPC, the applicant for the building permit shall present a final plan for review and approval by the City Plan Commission. In the case of single-family residential development, the final plat shall serve as the final plan. The final plan shall include specific information regarding the location of the proposed use on the property subject to the final plan defined by legal description, precise setback distances, specific methods of light, landscaping, grading and architectural characteristics, if required, and any other information necessary to effectuate the purpose of the district. The Commission shall consider whether the final plan is in substantial compliance with the intent of the community master plan and consistent with the neighborhood plan including any variations or modifications approved by the Director of City Development as part of the neighborhood plan approval process. If the Commission determines that the final plan is in compliance with the approved community master plan, the Commission shall approve the final plan and so advise the Director of Codes Administration. If the Commission determines that the final plan is not in substantial compliance with the approved plans, the applicant may elect to proceed as identified in Section 80-268 below.

(2) At the time of approval of the final plan (or final plat for residential) the applicant may request and the commission may approve variations or modifications to the bulk and area standards requested by the applicant subject to consideration of the following criteria:

a. The modification is limited to a use specifically set forth for the subdistrict or a use which is compatible with other uses permitted in the subdistrict;

b. The modification shall be limited to application of the standards of the subdistrict and shall not permanently alter such standards;

c. Except for the specific modification, the other standards of the subdistrict will remain in effect;

d. The modification shall reflect the spirit and intent of the MPC district as a whole and shall maintain any unique planning design which are inherent to the development of the neighborhood area.

Absent approvals provided herein the standards for a subdistrict (or incorporated provisions of other zoning regulations) shall apply without exception.

(3) In the course of implementing the approved final plan, certain revisions or adjustments of detail may be permitted if approved by the Director of City Development. However, such revision or adjustment of detail must be in substantial compliance with the final plan approved by the City Plan Commission. If the Director of City Development finds that such revisions or adjustments of detail are not in conformance with the approved final plan, the applicant may submit a new final plan to the City Plan Commission for its review and approval.

Sec. 80-268. Amendments to plans in district MPC.

(a) If the City Plan Commission determines that the final plan is not in substantial compliance with the approved community master plan subject to any variations or modifications submitted as part of the final plan or final plat (as provided above), the Commission shall deny the request. The applicant may resubmit a revised final plan which does conform with the approved community master plan or may file an amended community master plan in the same manner as provided for a zoning amendment in section 80-350. Provided, however, if the community master plan identifies neighborhoods, no amendment need include information other than that required to amend the neighborhood plan notwithstanding any other provision to the contrary.

(b) The perimeter boundaries of an established district MPC may be modified from time to time by the original applicant or its assignee in the same manner as provided for a zoning amendment in section 80-350. Such modification may be to an existing neighborhood or may establish a new neighborhood or may be to an existing subdistrict. The provisions of section 80-360 as to consent of property owners within a planned district shall not apply.

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