ORDINANCE NO. 130922
Amending Section 88-517-02 of the
Zoning and Development Code regarding development plan approvals to require
that projects proposing to construct drive-through facilities within the
Downtown Loop require approval of a development plan and conformance to Section
88-340.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section A. That
Chapter 88, Zoning and Development Code, is hereby amended by repealing
Sections 88-517-02 and replacing said section with a new section of like number
and subject matter, said section to read as follows:
88-517-02. APPLICABILITY
88-517-02-A. Development plan review and
approval is required in R or B zoning districts for any residential development
containing more than 100 dwelling units.
88-517-02-B. Development plan review and
approval is required in B, D, KCIA, and O zoning districts for any building
with a gross floor area of 75,000 square feet or more.
88-517-02-C. Development plan review and
approval is required in B, D, KCIA, and O zoning districts for any development
with a site area of 10 acres or more.
88-517-02-D. Development plan review and
approval is required for any industrial development on M-zoned land with a net
site area of 5 acres or more if the lot on which the development is located is
within 200 feet of any residential district. Otherwise, development plan review
and approval is required only for industrial development on M-zoned land with a
site area of 10 acres or more.
88-517-02-E. Development plan review and
approval is required for development on D-zoned land that exceeds 180 feet in
height or includes above-grade parking for more than 100 vehicles.
88-517-02-F. Development plan review and
approval is required whenever multiple principal buildings are proposed to be
located on a single lot.
88-517-02-G. Development plan review and
approval is required for any new development with a designated light rail zone
or overlay district as may be established in accordance with procedures of
88-515.
88-517-02-H. Development plan review and
approval is required for any property that was subject to an approved
development plan prior to January 1, 2011, which has not expired, if the
property has not been rezoned since that date, and if the proposed use is not
in substantial compliance with the approved development plan; provided,
however, that signage must comply with the regulations of Chapter 88, unless a
signage plan has been approved.
88-517-02-I. Development plan review and
approval is required for any commercial development located within the Downtown
Loop proposing to construct or install a drive-through facility as a part of
the commercial development unless a special use permit for the drive-through
facility has been approved pursuant to Section 88-525. Drive-through
facilities in the Downtown Loop shall be subject to the requirements of Section
88-340.
_____________________________________________
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:
___________________________________
M. Margaret
Sheahan Moran
Assistant City
Attorney