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.

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I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney