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Legislation #: 000987 Introduction Date: 8/3/2000
Type: Ordinance Effective Date: 9/10/2000
Sponsor: None
Title: Amending Chapter 80, Code of Ordinances, by adding eight new sections to be numbered and known as Sections 80-261, Purpose and intent of MPC district and designation of master planned community, 80-262, General requirements for district MPC, 80-263, Community master plan in district MPC, 80-264, Permitted uses and performance standards in district MPC, 80-265, Criteria for public improvements in district MPC, 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.

Legislation History
DateMinutesDescription
8/3/2000

Prepare to Introduce

8/3/2000

Referred Planning, Zoning & Economic Development Committee

8/30/2000

Advance and Do Pass

8/31/2000

Passed


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ORDINANCE NO. 000987

 

Amending Chapter 80, Code of Ordinances, by adding eight new sections to be numbered and known as Sections 80-261, Purpose and intent of MPC district and designation of master planned community, 80-262, General requirements for district MPC, 80-263, Community master plan in district MPC, 80-264, Permitted uses and performance standards in district MPC, 80-265, Criteria for public improvements in district MPC, 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.

 

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 adding eight new sections to be numbered and known as Sections 80-261, Purpose and intent of MPC district and designation of master planned community, 80-262, General requirements for district MPC, 80-263, Community master plan in district MPC, 80-264, Permitted uses and performance standards in district MPC, 80-265, Criteria for public improvements in district MPC, 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, to read as follows:

 

Sec. 80-261. Purpose and intent of MPC district and designation of master planned

community.

 

(a) The purpose of the master planned community district is to encourage a planned community development with specific design criteria that will be environmentally sensitive, public service efficient and demonstrate progressive and innovative land planning, site planning, engineering and architectural methods and techniques. The district provides a method to address the concerns identified in the Comprehensive Plan of the City and issues related to providing basic public services, such as water and sewer extensions, construction of public streets and use of open space.

 

(b) A master planned community district is intended to facilitate the following objectives:

 

(1) Identify sensitive use and protection of the natural environment and open space consisting of natural features, undisturbed areas, greenbelts, parks, plazas and landscaped areas for the use and enjoyment of all residents and visitors;

 

(2) Preserve and enhance existing man-made and natural environs on the site;

 

(3) Create individual neighborhoods limited in size to optimize the pedestrian experience;

 

(4) Provide a variety of housing types to promote a diversity of housing stock and neighborhoods;

(5) Provide a variety of retail, office and commercial uses to offer local employment;

 

(6) Provide a network of interconnecting streets within the neighborhood that serve pedestrians and automobiles in a safe, aesthetic and efficient manner;

 

(7) Provide a neighborhood design that accommodates a variety of transportation modes and transit systems;

 

(8) Designate sites for civic buildings, focal points, landmarks, public open space and community identity;

 


(9) Define public space and create a diverse environment by establishing proportions governing building setbacks, bulk, form and character;

 

(10) Support compact and mixed use development patterns that reduce long commutes, retain open spaces and minimize costs for public services and facilities;

 

(11) Advance new and innovative master planning, site planning, engineering and architectural methods and techniques;

 

(12) Encourage flexibility and creativity in proposing new planning concepts that are responsive to changing economic and market conditions; and

 

(13) Encourage the location of new community anchors along existing or proposed transit corridors to create critical mass.

 

(c) A master planned community district approved by the City Council by ordinance shall be designated on the zoning map by the letters MPC.

 

Sec. 80-262. General requirements for district MPC.

 

(a) A district MPC may be established upon any tract of land under single ownership or common control which consists of at least 1250 acres and which constitutes a contiguous parcel separated only by public right-of-way or public park provided that a community master plan has been prepared and submitted for all the area included within the proposed district MPC in compliance with the regulations and requirements of this section and section 80-263.

 

(b) An application for district MPC shall be in furtherance of the Citys Comprehensive Plan.

 

(c) An application for district MPC shall be accompanied by a community master plan and a traffic study.

 

(d) No land proposed for any district MPC, the location of which would include land both within and outside the city limits, shall be considered. The portions lying within the city and outside the city limits will be considered separately and not as part of the entire development.

 

Sec. 80-263. Community master plan in district MPC.

 

A community master plan is a narrative and illustrative plan which presents a unified and organized strategy for development and service facilities having a logical relationship to the property as a whole. A community master plan shall consist of all of the following:

 

(a) Project summary setting forth a general description of the overall development, a survey of existing conditions including existing zoning districts, vegetation, slopes, water resources and floodplains and a division of the land into subareas based upon a natural or man-made physical boundaries which shall be referred to individually as a Neighborhood.

 

(b) Land use plan, including a graphic plan designating acreage and general locations for proposed uses, written development standards that identify permitted uses, quantify the intensity of uses and establish parking, building height and setback requirements. The land use plan may propose subdistricts within the district and provide for particular standards within each subdistrict. For purposes of district MPC,subdistrict shall be an area within the overall MPC which may incorporate general requirements of the district MPC or which may have standards distinct and unique from other areas within the MPC.

 

(c) Infrastructure plan, including a traffic impact study, street sections and provisions for public utilities, street lighting and storm drainage facilities to serve the site.

 

(d) Community facilities plan, including provisions for parks and recreation facilities, open space, school, fire stations and other public safety facilities.

 

(e) Community design plan, describing the design intent for the community as a whole and the neighborhoods that comprise the community through community-wide design goals, objectives and guiding principles depicted in an illustrative plan.

 

(f) Implementation and outline of the processes required to initiate construction and provide management and administration for the community as it builds out.

 

Sec. 80-264. Permitted uses and performance standards in district MPC.

 

(a) In district MPC, no building or land shall be used and no building shall be erected, altered or enlarged, which is arranged, intended or designed for other than one or more of the following uses and which meets the performance standards set forth in subsection (b) of this section 80-264.

 

(1) Principal uses.

 

A. Apartments (including, but not limited to, row houses, and townhouses)

 

B. Bakery

 

C. Banks, credit unions, savings and loan associations and other financial institutions

 

D. Barbershops or beauty shops

 

E. Bus or other transit stations for passenger pickup and discharge only

 

F. Churches, synagogues, mosques, schools, libraries, community centers, private clubs, recreational areas, museums and art galleries

 

G. Clinics and hospitals

 

H. Day care facilities

 

I. Gas/convenience stores

 

J. Gyms and health clubs

 

K. Hotels

 

L. Light industrial uses

 

M. Offices - general, professional, administrative and health care

 

N. Public parking lots or stations for passenger cars or taxicabs

 

O. Repair shops for motor vehicles, appliances and household items

 

P. Residential dwellings: Single-family and two-family dwelling

 

Q. Restaurants excluding drive-in and drive-thru restaurants unless specifically designated in the development plan

 

R Retail sales and services

 

S. Studios

 

T. Theaters

 

U. Veterinary services

V. Warehouses

 

(2) Accessory uses shall be permitted which meet the following criteria:

 

A. Any use which is accessory and incidental to any enumerated principal use within the district shall be permitted.

 

B. Any use which meets the performance standards set forth in subsection (b) of this section 80-264.

 

(3) Any use (including a temporary use) not specifically set forth herein, and not a prohibited use, may be considered as a permitted use when specifically shown and identified in any community master plan.

 

(4) The provisions of Section 80-210 through and including Section 80-213 shall not apply to district MPC.

 

(5) Except as specified in the community master plan, the parking and loading provisions of sections 80-444 and 80-445 shall apply.

 

(b) The following provisions, standards and specifications shall apply uniformly to all uses in a district MPC.

 

(1) All activities, including all storage involving flammable and explosive materials, shall be limited to an area with adequate safety devices against the hazard of fire and explosion, adequate fire-fighting and fire suppression equipment and devices standard in the industry.

 

Burning of waste materials in open fires shall be prohibited at any point unless authorized by fire department permit, subject to such conditions as may be prescribed by the fire department in each case. The relevant provision of state and local laws and regulations shall also apply.

 

(2) No activities shall be permitted which violate the Requirements and Standards of the Radiation Protection Regulations of the Missouri State Board of Health, and no electrical disturbance or any disturbance resulting from radio or television transmission shall be tolerated which affects adversely the operation at any point of any equipment other than that of the creator of such disturbance.

 

(3) At the point of measurement specified herein the sound pressure level of noise radiated from a facility at nighttime shall not exceed 40 decibels or the average sound level of the street traffic noise nearest the noise generator, whichever is higher, in any octave band of frequency above 300 cycles per second.

 

Between the hours of 6:00 am and 8:00 pm the sound pressure level of noise radiated from a facility shall not exceed 65 decibels in residential areas and 95 decibels in all other areas, or ten decibels above the average sound level of the existing background noise in the locality of the noise generator, whichever is higher, in an octave band of a frequency above 300 cycles per second.

 

The sound pressure level shall be measured with a Sound Level Meter and an Octave-Band Analyzer that conform to the specifications published by the American Standards Association.

 

Below 300 cycles per second maximum sound pressure shall conform to the following table:

 

Octave Band in cycles per second Decibels

0-75 70

75-150 60

150-300 50

300-up 40

 

Notwithstanding the foregoing, nothing set forth herein shall be deemed to authorize any activity which would otherwise be considered a violation of Chapter 46, Code of Ordinances.

 

(4) No vibration shall be permitted which is discernible without instruments at the points of measurement.

 

(5) No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of shade equal to or darker than No.2 on the Powers Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc. and copyrighted 1954 (being a direct facsimile reproduction of the Standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 2 on said Chart may be emitted for four minutes in any 30 minutes.

 

Notwithstanding the foregoing, nothing set forth herein shall be deemed to authorize any activity which would otherwise be considered a violation of Chapter 8, Code of Ordinances.

 

(6) No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be unreasonably offensive at the points of measurement.

 

(7) No emission shall be permitted which can cause excessive soiling at any point. Fly ash or other particulate matter resulting from the burning of combustible materials shall not exceed a loading in the stack or vent gases of eighty-five one hundredths point per 1000 pounds of conveying gas (twenty-five one hundredths grain per cubic foot measured at 5000 and 50 percent excess air).

 

(8) No direct or sky-reflected glare shall be permitted, whether from floodlight, high temperature processes such as combustion or welding or otherwise which are unreasonably objectionable at the points of measurement. All lights shall be so installed as to deflect from adjacent residential developments and streets.

 

(9) No discharge shall be permitted at any point into any public sewer, private sewage disposal system, stream or into the ground, of any materials of such nature or temperature which may contaminate any water supply, interfere with the orderly operation of public sewage collection and treatment systems or otherwise cause the emission of dangerous or offensive elements except in accord with standards approved by the appropriate state and local officials, or standards equivalent to those approved by said authorities for similar uses.

 

(10) No outside storage of any kind shall be permitted.

 

(11) No land or building in district MPC shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazards (including possible potential hazards), noise vibration, smoke, dust, odor, or other form of air pollution, heat, cold, dampness, electrical or other substance, condition or element (referred to herein as dangerous and objectionable elements) in such a manner or in such amount as to adversely affect the surrounding area. Nor shall any activity not expressly prohibited by this section be undertaken and maintained unless it conforms to the regulations limiting dangerous and objectionable elements at the point of the determination of their existence.

 

Section 80-265. Criteria for public improvements in district MPC.

 

District MPC is intended to provide not only a mix of uses and dwelling types and uses but to also encourage the use of alternative standards for public improvements based on the approved community master plan. The community master plan shall specify the variations from City standards for streets, sidewalks, storm sewers, streetlights and any other public improvement if variations are proposed. In addition to identification of such variations, the community master plan shall describe under which circumstances the variations may be used. In the course of carrying out the community master plan, additional variations to City standards for public improvements may be requested to City standards for public improvements by the applicant for review and approval by the appropriate City department. Regional detention facilities are encouraged and should be considered.

 

Section 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 Master Developer shall submit a proposal to conduct a meeting in the vicinity of such Neighborhood Plan to solicit comments from adjoining property owners. Such 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.

 

Section 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 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. 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) In the course of implementing the 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.

 

Section 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, 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.

 

________________________________________________________

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney