ORDINANCE NO. 030018
Amending Chapter 80, Code
of Ordinances, by repealing Section 80-270, Community unit projects, and
enacting in lieu thereof one new section of like number and subject matter to
change the required submittals for the same and to allow community unit
projects to serve as preliminary subdivision plats.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, si hereby
amended by repealing Section 80-270, Community unit project, and enacting in
lieu thereof one 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) Name of development
(2) Drawing of plat to scale of one
inch equals 100 feet or larger unless otherwise approved by staff, date of
preparation, and north arrow. Plat shall indicate the proposed layout of
streets, lots and other features in relation to existing utilities and other
conditions.
(3) General location map of the
vicinity of the proposed subdivision.
(4) Location of boundary lines in
relation to section lines, quarter section lines, quarter quarter section
lines, or other adjacent appropriate boundaries. A metes and bounds description
comprising a legal description of the property shall be delineated on the plan.
(5) Names, phone number, fax,
e-mail address (if available), addresses and contact information of the
applicant and preparer of the plat. The plat drawing shall be prepared by a
professional licensed by the Missouri Board for Architects, Engineers,
Surveyors, and Landscape Architects, unless otherwise approved by staff.
(6) Existing conditions, including
location and width of rights-of- way, sidewalks, paved areas, and name of all
existing platted streets, public ways, railroad and utility rights-of-way,
parks and other public open spaces within 200 feet of the subject property.
(7) Existing sanitary and storm
sewers, water mains, gas mains greater than 6 inches, culverts, and other major
above or below ground distribution or transmission lines within the proposed
subdivision or immediately adjacent thereto.
(8) Names of adjacent subdivision
or owners of adjacent parcels of unsubdivided land.
(9) Existing topography portrayed
by two (2) foot contours with labeled contours at intervals of not more than
five feet and preliminary street grades, preliminary drainage facilities and
proposed contours in areas of cutting and filling in excess of ten feet.
(10) Location of watercourses, limits
of the design flood, ravines, bridges, lakes, wooded areas, and the approximate
acreage of the plat as well as the other principal features identified.
(11) Location and width of all
proposed streets and public rights-of- way such as alleys, pedestrian ways and
easements, and typical width of all feature elements of the proposed roadway
sections.
(12) General location and character
of all proposed public water, sanitary sewers, stormwater conveyances or
control structures, and water features. If to be so served indicate any
developer constructed sewage treatment facility or pumping station to serve the
subdivision.
(13) Location and size of proposed
parks, playgrounds, churches, school sites or special uses of land to be
considered for dedication for public use, or to be reserved by deed or covenant
for the use of all property owners within the subdivision.
(14) Front building setback lines,
side building setback lines on corner lots, buffer strips and other setbacks as
required in this section.
(15) Number of dwelling units within
a range indicating the maximum number of units to be constructed.
(16) Designation of phases of
development with an approximate timetable for commencement and completion of
each phase if the total area is not proposed to be developed as one phase.
(17) General configuration of lots
and/or buildings with approximate dimensions.
(18) A table indicating the type and
number of units, 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; for residential units other than one and two-family dwellings:
land coverage for buildings and parking and number of parking stalls to be
provided.
(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.
(11) At the option of the applicant,
any portion of the development plan may serve also as the preliminary
subdivision plat. Such option must be declared prior to the hearing before the
city plan commission. If the option is exercised, the plan shall include
information required of preliminary plats in chapter 66 and the information in
part (b) of this section.
(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.
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