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Legislation #: 950269 Introduction Date: 3/2/1995
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 80-270, Community Unit Projects, and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
3/2/1995

Waive Charter Requirements City Council

3/2/1995

Waive Charter Requirements City Council

3/2/1995

Referred Plans And Zoning Committee

3/8/1995

Referred City Plan Commission

3/2/1995

Referred Plans And Zoning Committee

1/17/2001

Released


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ORDINANCE NO. 950269

 

Amending Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance, by repealing Section 80-270, Community Unit Projects, and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning Ordinance is hereby amended by repealing Section 80-270, Community Unit Projects, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 80-270. Community unit projects.

 

(a) Application. A governmental agency having the power of eminent domain or an owner or owners of any assembled properties, without limitation as to size, may submit to the city plan commission a community unit project plan for the use of land for mixed dwelling purposes in zoning districts R-1, R-2, R-3, R-4 or R-5. The city plan commission shall study the plan and, after due public notice and hearing, shall submit the plan and its recommendation to the city council for consideration.

 

(b) Contents of plan. Every application for a community unit project shall be accompanied by a plan indicating the following:

 

(1) Scale of one inch equals 100 feet or larger.

 

(2) Metes and bounds, and legal description of the area to be included within the project.

 

(3) Number of dwelling units within a range indicating the maximum number of units to be constructed.

 

(4) Designation of phases for construction, with a timetable for commencement and completion of each phase.

 

(5) Layout of streets, open areas and pedestrian circulation.

 

(6) General configuration of lots or buildings.

 

(7) Land coverage for buildings and parking.

 

(8) Type of residential units, e.g. single-family, duplex.

 

(9) Setbacks from the exterior boundary of the project.

 

(10) Existing topography and proposed grading plan.

 

(11) Number of parking stalls to be provided.

 

(12) Gross acres, and average lot area per dwelling based on total acreage minus area dedicated or reserved for streets and open area pursuant to section 66-128.

 

(c) Review by city plan commission. The considerations for review and recommendation of the plan by the city plan commission shall be that:

 

(1) The property adjacent to the area included in the plan will not be adversely affected.

 

(2) The plan is consistent with the intent and purposes of this chapter to promote the health, safety, morals or general welfare of the city.

 

(3) The buildings shall be used only for single-family dwellings, duplexes, three-family and four-family dwellings, converted dwellings, row houses or apartments and the usual accessory uses such as garages, parking areas, storage space,

administration buildings and community activities, including churches.

 

(4) The yards permitted shall be the yards required in the underlying district; however, if the height of any building exceeds the height permitted in the

underlying district, the setback for that building shall be 1.5 times the front yard

requirement in the underlying district.

 

(5) The average lot area per family shall not be less than that required in the underlying district.

 

(6) A subdivision plat shall be approved and recorded for any dedication of streets and easements prior to issuance of any building permit.

 

(7) The streets shall be improved to city standards prior to issuance of any certificate of occupancy.

 

(8) Covenants shall be submitted with the final plat in which the property owner, and his successors and assigns, agree to own, operate and maintain all private roads,

parking spaces, walks, courts, recreational areas and open spaces.

 

(9) A water main shall be extended to serve the site, adequate in size to provide domestic service and fire protection for each and every building.

 

(10) Sufficient parking facilities shall be provided as required in section 80-444.

 

(d) Final plan. Prior to the issuance of any building permit, the applicant shall submit a final plan for approval by the city plan commission. The city plan commission shall approve the final plan if it finds that the final plan is in substantial compliance with the plan approved by the city council. In no event shall the city plan commission approve a final plan which would result in an increase of more than 10% of the maximum number of dwelling units provided on the plan approved by the Council; provided that any increase of 10% or below is within the density limits of the underlying zoning district. If the city plan commission determines that the final plan is not in substantial compliance with the approved plan and the applicant desires to proceed, the applicant shall file an application for an amendment to the approved plan for public hearing and notice by the city plan commission and city council and shall be subject to the provision for petition of protest as provided in this section.

 

(e) Duration of plan. The development of a community unit project may be in one or more stages as indicated by the schedule of construction which shall be submitted with the plan. The plan shall remain in effect as long as the underlying zoning district remains in effect or unless the city council determines that the plan has been abandoned after the expiration of two years, whichever first occurs. The council may declare the plan abandoned only after public notice and hearing.

 

(f) Conformance with plan. If the city plan commission determines that the final plan is in compliance with the plan approved by the city council, building permits and certificates of occupancy may be issued even though the use of land and the location of the buildings to be erected and the yards and open spaces contemplated by the plan do not conform in all respects to the regulations of the district in which the development plan is located, if the actual construction conforms to the final plan.

 

(g) Petitions of protest. A written protest may be made against an ordinance approving a community unit plan while the ordinance is pending before the city council. The protest shall be duly signed and acknowledged by the owners of ten percent or more of the area of land, exclusive of streets and alleys, determined by lines drawn parallel to and 185 feet distant from the boundaries of the area included in the proposed development plan. If such protest is made, the ordinance shall not become effective except by the favorable vote of at least three-fourths of all the members of the city council.

 

________________________________________________

 

Approved as to form and legality:

 

 

 

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Assistant City Attorney