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Legislation #: 180027 Introduction Date: 1/18/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, Zoning and Development Code, to revise sections within the 88-25, 88-200, and 88-600 series all in order to amend and update procedures for overlay districts.(254-S-332)

Legislation History
DateMinutesDescription
1/18/2018 Filed by the Clerk's office
1/18/2018 Referred to Planning, Zoning & Economic Development Committee
1/24/2018 Hold On Agenda (2/7/2018)
2/7/2018 Hold On Agenda (2/14/2018)
2/21/2018 Do Pass
2/22/2018 Assigned to Third Read Calendar
3/1/2018 Passed

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180027.pdf Authenticated 490K Authenticated
180027 Compared.pdf Compared Version 315K Compared Version
180027 Staff Report.pdf Staff Report 632K Staff Report
180027 Fact Sheet.pdf Fact Sheet 393K Fact Sheet

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ORDINANCE NO. 180027

 

Amending Chapter 88, Zoning and Development Code, to revise sections within the 88-25, 88-200, and 88-600 series all in order to amend and update procedures for overlay districts. (254-S-332)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Zoning and Development Code, is hereby amended by repealing and reenacting with like number and subject matter Sections 88-25-04-B, 88-205-03, 88-205-04, 88-205-05, 88-205-07, 88-215-02, 88-250, 88-620-B, to read as follows:

 

88-25-04-B. OTHER AREAS

Except as expressly stated for the downtown area in 88-25-04-A, the zoning district classifications in effect before the effective dates specified in 88-10-02 are converted as follows:

 

Zoning Districts—Other Areas

Previous Zoning District

New Zoning District

Residential (See 88-110)

RA

Agricultural

R-80

Residential 80

GPA

Agriculture

R-80

Residential 80

R-1aa

One-family Dwellings

R-10

Residential 10

R-1bb

One-family Dwellings

R-10

Residential 10

GPR1

Residential Low-density

R-10

Residential 10

GP6

Low-density Residential

R-7.5

Residential 7.5

GPR2

Residential Medium-density

R-7.5

Residential 7.5

R-1a

One-family Dwellings

R-7.5

Residential 7.5

GP5

Medium-density Residential

R-6

Residential 6

R-1b

One-family Dwellings

R-6

Residential 6

R-2a

Two-family Dwellings

R-5

Residential 5

R-2b

Two-family Dwellings

R-2.5

Residential 2.5

R-3

Low-density Low Apartments

R-2.5

Residential 2.5

GP4

High-density Residential

R-1.5

Residential 1.5

R-4

Low Apartments

R-1.5

Residential 1.5

R-4O

Low Apartments/Admin. Office

R-1.5

Residential 1.5

R-5

High Apartments

R-0.5

Residential 0.5

R-5O

High Apartments/Admin. Office

R-0.5

Residential 0.5

R-6

High Apartments Provisional

R-0.3

Residential 0.3

Business/Commercial (See 88-120)

O

Office

O-2

Office (dash 2)

OM

Medium-Intensity Office

O-2

Office (dash 2)

CPO-1

Planned Office

O-2

Office (dash 2)

CPO-2

Planned Office

O-2

Office (dash 2)

GPO

Office (General Planned)

O-2

Office (dash 2)

GPI

Industrial (General Planned)

O-2

Office (dash 2)

C-1

Neighborhood Retail Business

B1-1

Neighborhood Business 1 (dash 1)

CP-1

Planned Business Center

B1-1

Neighborhood Business 1 (dash 1)

CP-2

Planned Business Center

B2-2

Neighborhood Business 2 (dash 2)

C-2

Local Retail Business

B3-2

Community Business (dash 2)

CP-3

Planned Business Center

B3-2

Community Business (dash 2)

GP-2

General Transient Retail Business

B3-3

Community Business (dash 3)

GP-3

Regional Business (Gen. Planned)

B3-3

Community Business (dash 3)

GPC

Commercial (General Planned)

B3-2

Community Business (dash 2)

C-3a1

Intermediate Business

B4-2

Heavy Business/Commercial (dash 2)

C-3a2

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

C-3b

Intermediate Business

B4-5

Heavy Business/Commercial (dash 5)

Manufacturing (See 88-140)

M1

Light Industry

M1-5

Manufacturing 1 (dash 5)

M2a

Heavy Industry

M1-5

Manufacturing 1 (dash 5)

M-P

Industrial

M2-2

Manufacturing 2 (dash 2)

GP-1

General Industry

M2-3

Manufacturing 2 (dash 3)

M-2b

Heavy Industry

M3-5

Manufacturing 3 (dash 5)

M-3

Heavy Industry-Residual Use

M3-5

Manufacturing 3 (dash 5)

M-R

Materials Reprocessing

M4-4

Manufacturing 4 (dash 4)

Overlay/Special Purpose (See 88-200 Series)

CX

Adult Entertainment

CXO

Adult Entertainment Overlay

No existing equivalent

NCO

Neighborhood Character Overlay

No existing equivalent

PO

Pedestrian-Oriented Overlay

No existing equivalent

HO

Historic Overlay

No existing equivalent

 

Special Character Overlay

MPC

Master Planned Community

SC

Shoal Creek

URD

Urban Redevelopment District

UR

Urban Redevelopment

US

Underground Space

US

Underground Space

BBD

Brookside Business District

B1-1/-PO

Neighborhood Business—Pedestrian-Oriented Overlay

GP7

Agriculture/Low-density Res

AG-R

Agricultural-Residential

GP8

Airport and Conservation

KCIA

Airport

RPT

Temporary Automobile Parking

NONE

Eliminated (convert to R-1.5)

CUP

Community Unit Project

MPD

Master Planned Development

GHP

Group Housing Project

MPD

Master Planned Development

 

88-205-03 - ESTABLISHMENT

88-205-03-A. Overlay districts must be established in accordance with the zoning map amendment procedures of 88-515. Historic Overlay districts must be established in accordance with the procedures of 88-580.

 

88-205-03-B. Components that may be included in an overlay district ordinance are:

1. purpose statement, tying the overlay to the goals and objectives of the comprehensive plan, citing the public necessity behind the intent and making a direct connection to protecting the public health, safety, morals, general welfare, and aesthetics;

 

2. location and area of applicability;

 

3. spatial definitions, with rules for spatial definition as simple and understandable as possible (Provide the information in a way the public can understand. Use graphics as much as possible);

 

4.  procedures for applications, specifying any additional information needed to demonstrate compliance with the overlay district regulations;

 

5.  special definitions, as needed;

 

6. standards for review and approval to be used by review and decision-making bodies;

 

7.  permitted, prohibited and special uses;

 

8.  review and decision-making bodies charged with reviewing development applications and determining compliance with overlay district regulations;

 

9.  appeals process; and

 

10. variance and administrative adjustment rules, if different for the overlay district.

 

88-205-03-C. Multiple historic and/or neighborhood overlays may not be designated over any individual property.

 

88-205-03-D. Historic, neighborhood, and design review overlays and any associated standards or guidelines must reflect the prevalent intensity and consistent building design in the neighborhood, to ensure that new development reflects the identifiable physical character of the area.

 

88-205-03-E. Applications for establishment of a neighborhood conservation overlay must be accompanied by the fee amount that has been established by the city council. Application fees are nonrefundable 5 working days after application filing, provided that the city planning and development director may grant a partial refund for good cause shown by the applicant.

 

88-205-03-F. An overlay district application may be initiated by:

1. a petition requesting overlay district designation signed by a simple majority (50 percent + 1 property owner) of the property owners within the proposed district; or

 

2. the city council or the city planning and development director, acting on the city's behalf.

 

88-205-04 - DESIGN GUIDELINES AND STANDARDS

88-205-04-A. Overlay regulations may be used to replace all zoning or some of the base zoning restrictions. It may also be used to enact new regulations for an area.

 

88-205-04-B. An overlay may encompass one or more base zoning districts.

 

88-205-04-C. When overlay district standards conflict with applicable base district standards or other regulations of this zoning and development code, the regulations of the overlay district always govern.

 

88-205-04-D. When no overlay district standards are specified, the base district standards and all other applicable regulations of this zoning and development code will govern.

 

88-205-04-E. When development/design guidelines have been approved, each building permit application for new construction or exterior alteration within the designed overlay district must comply with those standards.

 

88-205-04-F. Overlay district regulations may allow for the modification of any of the following standards within the zoning and development code:

1. land uses (principal or accessory);

 

2. lot and building standards (e.g., density, lot area, setbacks, height);

 

3.  site design standards including building coverage; required open space; location of driveways, parking pads, and garages;

 

4.  landscaping and buffering standards, layout of public way, vehicular and pedestrian circulation patterns;

 

5.  sign standards;

 

6. lighting standards; or

 

7.  other zoning-related standards necessary to address unique zoning, platting or development features.

 

88-205-04-G. An overlay district may allow for restrictions on building design or placement details, including scale, mass, materials, and architectural style.

 

88-205-04-H. Where appropriate, an overlay may require the application of specific design guidelines in the review of development.

1.  Such guidelines must be established as part of the overlay district at the time of adoption. The review process must be included in the design guidelines.

 

2.  Guidelines for new infill construction within an overlay district may be different than those for existing buildings.

88-205-05 - AMENDMENT OR REMOVAL OF AN OVERLAY

88-205-05-A. Major Amendments

Major amendments to overlay district regulations must be reviewed and approved in accordance with the procedures of 88-515, or in case of Historic Overlay districts in accordance with 88-580. Major amendments to overlay districts include one or more changes, in cumulative total (when compared to the original overlay regulations) that would:

1. further restrict allowed uses;

 

2. add and/or remove part or all of an area from the overlay boundaries;

 

3. change design regulation requirements; or

 

4. result in any other change that the city planning and development director determines will have impacts that warrant a full review of the application.

 

88-205-05-B. Minor Amendments

Any application for an amendment to an approved overlay district that does not meet the criteria for a major amendment will be considered a minor amendment. Minor amendments must be approved in accordance with the procedures of 88-510. Additions of uses to the zoning and development code may also be applied to adopted overlay districts through the text amendment process.

 

88-205-07 - DOCUMENTATION OF OVERLAYS

88-205-07-A. Once an overlay district is approved by the city council, the city planning and development department must amend the official zoning maps to identify the overlay district boundaries and designation, together with the underlying zoning designation.

 

88-205-07-B. The city planning and development department must maintain a list of established overlay districts by type.

 

88-205-07-C.

 

Zoning Map
Symbol

District Name

CXO

Adult Entertainment Overlay

NCO

Neighborhood Character Overlay

PO

Pedestrian-Oriented Overlay

HO

Historic Overlay

Zoning Map
Symbol

Special Character District Name

TCO

Troost Corridor Overlay

ICO

Independence Corridor Overlay

WHO

Wornall Homestead Overlay

MCO

Main Corridor Overlay

 

88-215-02 - SPECIAL CHARACTER DISTRICTS

88-215-02-A. The TCO, Troost Corridor Overlay District, is intended to preserve and maintain the urban fabric while promoting quality uses and businesses desiring to improve the area, and to encourage appropriate redevelopment by restricting certain land uses. The TCO is generally bounded by 22nd Street on the north, Volker Boulevard/Swope Parkway on the south, and one-half block east and west of Troost Avenue.

 

88-215-02-B. The ICO, Independence Corridor Overlay District, aims to promote design excellence and walkability for the area. The ICO generally includes all parcels on the Independence Corridor from Forest Avenue on the west to Ewing Avenue on the east, and all parcels two blocks south of Independence Boulevard on Paseo Boulevard, and two blocks south of Independence Boulevard on Prospect Avenue.

 

88-215-03-C. The WHO, Wornall Homestead Overlay District, addresses elements of land use control as well as approaches to the design of new, restored or renovated structures inside its boundaries. The WHO generally includes 392 lots consisting of about 97 acres within the Wornall Homestead neighborhood, generally bound by 57th St to the north, on the east by Brookside Blvd and Main St north of E 59th St and the trolley trail right-of-way south of E 59th St, Brookside business district to the south, and Wornall Rd to the west.

 

88-215-03-D. The MCO, Main Corridor Overlay, provides regulations for a cohesive development pattern along Main Street and major intersecting corridors. The regulations create design standards that promote the use of transit, context sensitive density, pedestrian friendly spaces, and overall design excellence. This overlay generally includes all parcels on the Main Street Corridor from Pershing Road to Emanuel Cleaver II Boulevard.

 

88-250 - SPECIAL PURPOSE DISTRICTS GENERALLY

88-250-01 - PURPOSE

Like overlay zoning districts, special purpose zoning districts are tools for dealing with special situations or accomplishing special planning and zoning goals. Unlike overlay districts, special purpose districts are base zoning classifications; they do not over-lay other base zoning districts.

 

88-250-02 - ESTABLISHMENT

Special purpose zoning districts may be established, amended, or removed only in accordance with the zoning map amendment procedures of 88-515.

 

88-250-03.     LIST

The city’s special purpose districts are listed below.

 


 

Zoning Map

Symbol

District Name

SC

Shoal Creek District

UR

Urban Redevelopment District

US

Underground Space District

AG-R

Agricultural-Residential District

KCIA

Airport District

MPD

Master Planned Development

 

88-620-B. - APPLICATIONS TO THE CITY PLAN COMMISSION, THE BOARD OF ZONING ADJUSTMENT, AND ADMINISTRATIVE APPROVALS

Certain fees are hereby established for the filing of applications to the board of zoning adjustment and the city plan commission as follows:

1.  CITY PLAN COMMISSION

a.  For applications to rezone: $648.00

 

b.  Development plan:

1. Residential: $648.00 plus $4.00 per dwelling unit, not to exceed $3,626.00

 

2. Nonresidential: $648.00 plus $93.00 per acre or fraction thereof, not to exceed $3,626.00

 

c.  Project plan:

1.  Residential: $259.00 plus $4.00 per dwelling unit

 

2.  Nonresidential: $259.00 plus $93.00 per acre or fraction thereof

 

d.  Major amendments

1. Residential: $311.00 plus $4.00 per dwelling unit, not to exceed $1,295.00

 

2. Nonresidential: $311.00 plus $93.00 per acre or fraction thereof, not to exceed $1,295.00

 

e.  Urban redevelopment district

1. $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

f.  Master plan development

1. $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

g.  For approval of a council approved signage plan: $259.00

 

h. For text amendments: $518.00

 

i.  For land use plan amendments: $829.00

 

j. For major street plan amendments: $414.00

 

k  For applications for appeal from the decision of the director of city planning and development: $518.00

 

l.  For neighborhood rezoning projects and overlay districts:

from 0—200 parcels/lots ..... $2,590.00

from 201—500 parcels/lots ..... $4,662.00

from 501+ parcels/lots ..... $5,698.00

 

m. For all other applications: $622.00

 

Section B. That Chapter 88, Zoning and Development Code, is hereby amended by repealing Sections 88-220.

 

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney