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Legislation #: 021268 Introduction Date: 10/17/2002
Type: Ordinance Effective Date: 12/6/2002
Sponsor: COUNCILMEMBER FORD
Title: Amending Chapter 52 by repealing Section 52-4 and Section 52-74 and enacting in lieu thereof two new sections of like number and subject matter and enacting a new Article IV, Licensing of Surface Parking Lots Within the Central Business District.

Legislation History
DateMinutesDescription
10/17/2002

Prepare to Introduce

10/17/2002

Referred Planning, Zoning & Economic Development Committee

10/23/2002

Hold On Agenda

11/6/2002

Hold On Agenda

11/13/2002

Hold On Agenda

11/25/2002

Advance and Do Pass as a Committee Substitute

11/26/2002

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 021268

 

Amending Chapter 52 by repealing Section 52-4 and Section 52-74 and enacting in lieu thereof two new sections of like number and subject matter and enacting a new Article IV, Licensing of Surface Parking Lots Within the Central Business District.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 52 is hereby amended by repealing Section 52-4 and Section 52-74, and enacting in lieu thereof two new sections of like number and subject matter, to read as follows:

 

Sec. 52-4. Definitions.

 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Central Business District means that area of downtown Kansas City which is bounded by I-70 on the south, I-35/70 on the north, I-35 on the west and I-35 on the east.

 

Commercial parking station means a parking station which charges an hourly, daily, weekly, monthly, or some multiple thereof, fee for parking or storing motor vehicles. The term commercial parking station includes a surface parking lot as defined herein.

 

Director means the director of the department of codes administration unless the context clearly indicates otherwise.

 

Interim parking station means a parking station operated on a full-time basis, which is planned for some future purpose other than as a parking station.

 

Motor vehicle means an automobile, truck, motor scooter, motorcycle, motor tricycle or any other self-propelled motor vehicle.

 

Owner means any person, partnership, limited liability company, corporation, or other firm, or governmental agency properly regulated by the city that alone, or jointly or severally with others:

 

(1) Shall have legal title to any building, structure or parcel of ground, or part thereof with or without accompanying actual possession thereof; or

 

(2) Shall have charge, care or control of any building, structure or parcel of ground, or part thereof, as agent, employee or personal representative of the person or entity having legal title to the building or structure, or part thereof.

 

Parking station means a structure, place, parcel of ground, yard or enclosure used in whole or in part for providing parking space for or storing of motor vehicles regardless of whether a fee is charged for the parking of motor vehicles. The term parking station includes what are commonly


known as parking garages (including multilevel parking station facilities), parking lots or parking spaces, and does not include on-street parking spaces or residential spaces as defined herein.

 

Residential parking space means an off-street space provided for the parking of motor vehicles in conjunction with a one- or two-family dwelling or a townhouse.

 

Surface parking lot means a place, parcel of ground, or yard used in whole or in part for the parking of motor vehicles on the surface of the ground or yard and for which an hourly, daily, weekly or monthly, or some multiple thereof, fee is charged for the ability to park a motor vehicle in the parking lot. This term does not include parking structures or enclosures.

Sec. 52-74. Limit on charges - special events.

 


(a)                                        No operator of a commercial parking station shall make any charge for parking or storing a motor vehicle in excess of the rates set forth on the sign or signs erected and maintained on the premises as required in section 52-72.

 

(b)                                       The operator of a commercial parking station may charge a rate for special events different than the rate ordinarily charged if such operator has placed over that portion of all signs indicating the usual rate for parking a sign bearing the following legend: SPECIAL EVENT PARKING, and indicating the increased rate in lettering at least twice as large as the lettering of the usual rate indicated on the covered sign or signs.

 

Section 2. That Chapter 52 is hereby amended by enacting a new Article IV, Licensing of Surface Parking Lots Within the Central Business District, to read as follows:

 

ARTICLE IV

LICENSING OF SURFACE PARKING LOTS WITHIN

THE CENTRAL BUSINESS DISTRICT

 

Sec. 52-90. License required.

 

No person, partnership, limited liability company, corporation or other firm shall engage in the business of operating a surface parking lot within the Central Business District unless and until licensed in accordance with the provisions of this Article.

 

Sec. 52-92. License application.

 

Every applicant for a license to operate a surface parking lot shall complete a written application to the Director, which application shall set forth the following information:

 

(1) The name and address of the applicant, and if a partnership, the names and addresses of all partners, and if a limited liability company, the names of all managers, members or managing members, and if a corporation, the name, date and state under which incorporated, and the names and addresses of the officers and the statutory agent.

 

(2) An accurately scaled and dimensioned site plan sealed by a licensed architect or registered engineer and elevation drawing(s) showing the configuration of entrances, exits, aisles and spaces; identifying the right-of-way, curbs and sidewalks, signage, landscaping, fencing, walls, berms, curbing, wheel stops, and screening materials; and indicating the dimensions of all such elements.

 

(3) The hours during which motor vehicles may be parked or stored and the hours during which the premises will be served by an attendant.

 

(4) Such other reasonable and necessary information as the Director deems pertinent to carry into effect the provisions of this Article.

 

Sec. 52-94. License issuance; renewal.

 

(a) Application. Applications for issuance or renewal of a license to operate a surface parking lot shall be filed with the Director. Applications requiring a site plan and elevation drawing shall be transmitted by the Director to the Director of the Department of City Development for a determination of compliance with the landscaping and screening standards of this chapter. Such determination shall be made within 30 days of transmission of the application. The Director shall conduct a field inspection of the surface parking lot prior to issuance of a license to determine whether the surface parking lot complies with the provisions of this chapter and the approved landscaping and screening plans.

 

(b) Issuance and Renewal. The director shall issue a license to an applicant upon finding that the surface parking lot complies with the provisions of this chapter. All licenses issued pursuant to this Article shall be issued for a period of three (3) years. Licenses may be renewed if an application for renewal containing the information listed in Section 52-92 is submitted to the Director not less than ninety (90) days before termination of the previous license. Applications for license renewal of a licensed surface parking lot shall be accompanied by the required site plan and elevation drawing only in the following two instances: 1) during or following the year in which landscaping and screening compliance is required under Section 52-100, and 2) if a change in the surface parking lot renders the previously submitted site plan or elevation drawing inaccurate.

 

(c) License Extension. If an application for a license renewal has been submitted in accordance with the provisions of this section, and if, prior to expiration of the license, the City has not taken all administrative action required for approval of the license renewal, the Director shall extend the previously-issued license on a month-by-month basis until the City has taken action as required by this Article.

 

(d) Applicability to Premises. Licenses issued pursuant to this Article shall apply only to the premises described in such application, and a separate application and license shall be required for each site operated. Such license shall not be assignable or transferable.

 

(e) License Fee. Each application for a new or renewal license shall be accompanied by a fee as follows:

 

(1) For a surface parking lot that has the capacity

to hold not more than 50 motor vehicles: $150.00

 

(2) For a surface parking lot that has the capacity

to hold 51 to 100 motor vehicles: $200.00

 

(3) For a surface parking lot that has the capacity

to hold more than 100 motor vehicles: $250.00

 

(f) Site Plan Review Fee. Each application for a new or renewal license which includes a new or revised site plan shall be accompanied by an additional fee of two hundred fifty dollars ($250.00) for site plan review.

 

Sec. 52-96. Signage Required.

 

The operator of a surface parking lot licensed pursuant to the provisions of this chapter shall erect and maintain those signs required by Section 52-72 of this chapter. International parking symbol and identification and operation data signs shall be not less than eight (8) fee above surface level, and must be clearly visible from each customer vehicular entrance to the surface parking lot.

Sec. 52-98. Change of Rates.

 

(a) No operator of a surface parking lot licensed pursuant to the provisions of this chapter shall make any charge for parking or storing a motor vehicle in excess of the rates set forth on any signs erected and maintained on the premises as required by Sections 52-72 and 52-96.

 

(b) For at least two (2) weekdays prior to the effective date of an increase in hourly or daily rates, and for at least five (5) weekdays prior to the effective date of an increase in monthly parking rates, the operator of a surface parking lot licensed pursuant to the provisions of this chapter that requires payment upon exiting shall post the change of rates and the date on which the change of rates is to take effect on a sign conforming to the size requirements of Section 52-96 and placed so that the information is clearly visible from each customer entrance to the parking place or from each place of payment.

 

(c) Nothing herein contained shall be deemed to prevent the operator of any parking lot from charging a rate in case of special events different from that ordinarily charged, if such operator has complied with the provisions of Section 52-74 of this chapter.

 

Sec. 52-100. Landscaping and Screening Standards.

All surface parking lots licensed pursuant to the provisions of this chapter shall comply with the following landscaping and screening requirements:

 

(a) Surface Parking Lots Adjacent to Public Streets - Landscaped Strip Requirements. When a surface parking lot is located adjacent to a public right-of-way, a landscaped strip, as described below, shall be provided on the property between the parking lot and the right-of-way provided that a landscaped strip is not required adjacent to any public alley. Where parking lot setbacks required by any other City ordinances exceed those listed below, the greater requirement shall apply. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Any of the following landscaped strip treatments may be used singly or in combination:

 

(1) A minimum ten (10) foot wide landscaped strip between the right-of-way and the parking lot to be planted with a minimum of one (1) overstory shade tree and fifteen (15) shrubs per fifty (50) linear feet of frontage (excluding driveway openings);

 

(2) A berm, the top of which is at least two and one-half (2-1/2) feet higher than the elevation of the adjacent parking lot pavement. The slope of the berm shall not exceed twenty-five percent (25%) (4:1) for lawn areas. Berms planted with ground covers and shrubs may be steeper. However, no slope shall exceed fifty percent (50%) (2:1). Berms should be graded to appear as smooth, rounded, naturalistic forms. Berms shall have a minimum of one (1) overstory shade tree and five (5) shrubs per 50 linear feet of frontage (excluding driveway openings);

 

(3) A minimum six (6) foot wide landscaped strip and a minimum three (3) foot grade drop from the right-of-way line to the adjacent parking lot pavement. The embankment shall be planted with a minimum of one (1) overstory shade tree and five (5) shrubs per fifty (50) linear feet of frontage (excluding driveway openings);

 

(4) A minimum three (3) foot wide landscaped strip between the right-of-way line and the parking lot, with a minimum three (3) foot high brick, decorative iron (actual or simulated wrought iron or cast iron construction), stone or decorative concrete wall to screen the parking lot. The wall shall be located within the three (3) foot landscaped strip. The strip shall have a minimum of one (1) shade tree per fifty (50) linear feet of frontage or five (5) shrubs per fifty (50) linear feet of frontage (excluding driveway openings).

 

(b) Interior Parking Lot Landscaping Requirements. Interior parking lot landscaping shall be required for any parking lot constructed after the effective date of this ordinance which is 6,000 square feet or larger. One interior parking lot landscaping island shall be provided at each end of parking rows containing ten (10) or more vehicle parking spaces and an additional landscaping island shall be provided for each thirty (30) vehicle parking spaces within parking rows containing thirty (30) or more vehicle parking spaces. The minimum amount of required interior planting area is based on the total size of the parking lot in accordance with the following sliding scale:

Percent of the Total Area

of Lot Which Must be

Total Area of Lot Interior Planting Area

 

6,000-49,999 sq. ft. 5%

50,000-149,999 sq. ft. 8%

150,000 sq. ft. or larger 10%

 

In addition, the interior surface parking lot landscaping shall also meet the following:

 

(1) For purposes of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including planting islands, curbed areas, corner areas, parking spaces, and all interior driveways and aisles except those with no parking spaces located on either side. Landscaped areas situated outside of the parking lot, such as peripheral areas and areas surrounding buildings, may not be counted as interior planting area.

 

(2) At least one (1) overstory tree shall be provided for each 300 square feet of interior landscaped area provided. These trees shall have no branches lower than six (6) feet above finished grade level and have at least a two and one-half (2 ) inch diameter at one foot above grade.

 

(3) If a parking lot under 6,000 square feet is built without interior landscaping and later additional spaces are added so that the total size of the lot is greater than 6,000 square feet, then the interior landscaping shall be provided for the entire parking lot.

 

(4) Planting spaces must be large enough to allow for healthy tree growth and must be protected from car overhangs and opening car doors.

 

(5) A minimum of sixty (60) square feet of continuous pervious land area shall be provided for each tree. No tree planting area shall be less that eight (8) feet wide in any dimension.

 

(6) A curb or wheel stop shall be provided for all parking spaces adjacent to planting or pedestrian areas to prevent parked vehicles from overhanging those areas.

 

(7) Planting islands which are parallel to parking spaces shall be a minimum of nine (9) feet wide including curbs to allow car doors to swing open.

 

(8) In cases where a planting island is perpendicular to parking spaces and the spaces head into the planting island on both sides, the island shall be a minimum of eight (8) feet wide to allow for bumper overhang. If parking spaces are located on only one side of such a planting island, the island shall be minimum of six (6) feet wide.

 

(c) Supplemental standards for visual screens. The elements which compose the required landscaping and screening of subsections (a) and (b) of this section shall also meet the following requirements:

 

(1) Standards for shrubs, trees and ground cover. Shrubbery used as part of the landscaping and screening requirements must be sufficient to meet the height requirements by the end of the second growing season after initial planting. All shrubs and trees shall be selected from lists of approved types, as adopted by the City Plan Commission. At the time of installation, deciduous trees shall be a minimum of two (2.0) inches in diameter at one foot above grade, and evergreen trees shall be a minimum of six (6.0) feet in height.

(2) Standards for fences and walls. All walls and fences used as part of the landscaping requirements shall be of uniform appearance and shall be set in a concrete base. Required metal picket and metal rail fences shall be of actual or simulated wrought iron or cast iron construction. Masonry walls shall be of brick or stone construction.

 

(d) Maintenance. All landscaping and screening materials shall be maintained in good condition at all times, shall be kept free of any weeds and shall be watered as necessary at all times. Unhealthy or dead vegetation shall be replaced with healthy plantings no later than the end of the next applicable growing season. Fences and walls shall be kept free from peeling paint, rust, spalling, and broken, cracked or missing elements. Fences and walls shall also be kept plumb, with no more than a 2 inch deflection from a vertical position.

 

(e) Landscaping requirement reductions and exemptions. With regard to a surface parking lot which otherwise complies with all requirements of this Article, the Director of the Department of City Development may grant a reduction of or an exemption from the requirements for shrubs, trees and landscaped areas of subsections (a) and (b) of this Section if full compliance with such requirements would result in a loss of at least 10% of the existing parking spaces which cannot be avoided or remediated through redesign or reconfiguration of the parking lot. The Director of City Development shall take such action in accordance with the following provisions:

 

(1) Evidence to be provided by the applicant. An applicant seeking a reduction of or an exemption from the requirements for landscaping and screening shall present evidence to the Director of City Development demonstrating that the potential loss of existing spaces cannot be avoided or remediated through redesign or reconfiguration of the surface parking lot.

 

(2) Director of City Development. Upon consideration of evidence submitted by the applicant as well as any analysis prepared by City staff, the Director of City Development shall determine whether strict application of the screening and landscaping requirements will result in an unremediable loss of at least ten percent (10%) of the existing parking spaces. In determining whether a loss of parking spaces can be avoided through redesign or restriping, the Director of City Development shall assume continued use of existing parking spaces and aisle dimensions for the subject property except where such dimensions are in excess of City standards. The Director of City Development shall further determine whether the applicant can comply with the screening and landscaping requirements through the use of a legal encroachment in one or more of the public rights-of-way adjoining the parking lot.

 

(3) Minimum requirements. Any reduction of standards approved by the Director of City Development with respect to the required screening and landscaping shall be the minimum reduction necessary to prevent a loss of parking spaces. The Director of City Development may require compliance with the screening and landscaping standards through the use of a legal encroachment in one or more of the public rights-of-way adjoining the parking lot if the legal encroachment is approved by ordinance by the City Council. At a minimum, the Director of City Development shall require installation of a metal picket and metal rail fence meeting all applicable requirements of this section and, in addition, providing a metal, brick or stone pier or post, at least two (2) inches square, at a minimum spacing of eight (8) feet. The Director of City Development shall also require provision of landscaped areas where such provision will not result in a loss of more than ten percent (10%) of the existing parking spaces.

 

(4) Appeals. The applicant may appeal any decision of the Director of City Development regarding a request and/or exemption to the landscaping and screening requirements to the board of zoning adjustment. The board shall hold a public hearing regarding the applicants request. Notice of this public hearing shall be provided as required by Sections 80-330 and 80-335, Code of Ordinances. The concurring vote of four members of the board shall be necessary in order to reverse the decision of the Director of City Development.

 

(f) Temporary uses. Where the Director deems a surface parking lot to be an interim parking station or other temporary use, the landscaping and screening requirements of this Section shall be met if the surface parking lot operator installs anchored concrete steel stops supplemented by bollards and chains. No surface parking lot shall be deemed temporary for a period in excess of one year, provided however, that the Director may extend the temporary use for one (1) additional one-year period if, prior to the completion of the initial one-year period, a project agreement with the City is executed which requires development of the property within one year or a Building Permit application has been filed for development of the property.

 

(g) Approval. The materials, design, location, installation and construction of the screening and landscaping required by this section shall be approved by the Director of the Department of City Development, in consultation with any appropriate City department, and in accordance with the standards set forth in this Article and landscaping materials approved by the City Plan Commission.

 

(h) Compliance dates. The requirements of this article shall take effect immediately for surface parking lots established after the effective date of this ordinance. Surface parking lots legally established prior to the effective date of this ordinance shall comply with the requirements of this article in accordance with the following schedule:

 

(1) For a surface parking lot that has the capacity to hold more than 100 vehicles, a license application and plans shall be filed by March 1, 2006, and installation and construction of landscaping and screening shall be completed by August 1, 2006; and

 

(2) For a surface parking lot that has the capacity to hold 100 or fewer vehicles, a license application and plans shall be filed by March 1, 2007, and installation and construction of landscaping and screening shall be completed by August 1, 2007.

 

Sec. 52-102. Maintenance of parking place and surroundings.

 

Each operator of a surface parking lot licensed pursuant to the provisions of this chapter shall keep the sidewalk surrounding the surface parking lot free from dirt, ice, sleet, snow, debris and litter, and shall keep the sidewalk and driveways in a safe condition for the travel of pedestrians.

Sec. 52-104. Compliance with laws.

 

All surface parking lots licensed pursuant to this Chapter shall fully conform and comply with all City ordinances and state and federal laws, including all of the provisions of Articles I through III of this Chapter 52. Where this Article may require more screening and landscaping than provided in Section 52-34, the provisions of this Article IV shall control.

 

Sec. 52-106. Revocation or suspension of license.

 

The Director may at any time revoke or suspend licenses granted under the authority of this Chapter, for failure to comply with the terms of this Chapter.

 

Sec. 52-108. Appeals.

 

In case of refusal to issue a license or of revocation or suspension of a license by the Director, the applicant or licensee may appeal from such order to the Board of Zoning Adjustment. Notice of such appeal shall be in writing and filed with the Board within thirty (30) days after the making of such order. The Board shall fix a time of hearing for such appeal not later than fifteen (15) days after the filing of such notice, at which hearing all parties interested shall be afforded an opportunity to be heard. The Board may modify or reverse such order from which the appeal has been perfected. The concurring vote of four (4) members of the Board shall be required in order to modify or reverse the order which is the subject of the appeal. The opinion of the Board shall be final on all parties thereto.

 

Sec. 52-110. Penalty.

 

It shall be unlawful for any owner to construct, enlarge, repair, improve, use, occupy or maintain any surface parking lot, partial or whole, in the City, or cause such work to be done, contrary to or in violation of any of the provisions of this Chapter, or rules or regulations promulgated under this Chapter. Upon conviction thereof, such person shall be punished by a fine of not more than $500.00, imprisonment for not more than six months, or both such fine and imprisonment. Each day a surface parking lot is operated in violation of this Chapter or any provision thereof shall constitute a separate offense.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

________________________________________

Assistant City Attorney