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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