ORDINANCE NO. 260246
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Sponsor: Director of City Planning and Development Department
Amending Chapter 88, the Zoning and Development Code by repealing Section 88-255, “SC, Shoal Creek District” and enacting in lieu thereof a new section of like number and subject matter for the purpose of providing consistency with the recently updated Shoal Creek Community Master Plan. (CD-CPC-2025-00190)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 88, Zoning and Development Code, is hereby amended by repealing Section 88-255, "SC, Shoal Creek District" and enacting in lieu thereof a new section of like number and subject matter for the purpose of providing consistency with the recently updated Shoal Creek Community Master Plan, with said new section to read as follows:
88-255-01 PURPOSE AND INTENT
88-255-01-A. The SC, Shoal Creek district is intended for application only the Shoal Creek development, which was originally approved through the Master Planned Community (MPC) regulations under Chapter 80, the previous Zoning and Development Code. The district is intended to accommodate and encourage specific design criteria that will be environmentally sensitive, public service-efficient, and demonstrate progressive and innovative land planning, site planning, engineering, and architectural methods and techniques. The district provides a method to address the concerns identified in the comprehensive plan of the city and issues related to providing basic public services, such as water and sewer extensions, construction of public streets and use of open space.
88-255-01-B. The SC district is further intended to:
1. identify sensitive use and protection of the natural environment and open space consisting of natural features, undisturbed areas, greenbelts, parks, plazas, and landscaped areas for the use and enjoyment of all residents and visitors;
2. preserve and enhance existing man-made and natural environs on the site;
3. create individual neighborhoods limited in size to optimize the pedestrian experience;
4. provide a variety of housing types to promote a diversity of housing stock and neighborhoods;
5. provide a variety of retail, office, and commercial uses to offer local employment;
6. provide a network of interconnecting streets within the neighborhood that serve pedestrians and automobiles in a safe, aesthetic and efficient manner;
7. provide a neighborhood design that accommodates a variety of transportation modes and transit systems;
8. designate sites for civic buildings, focal points, landmarks, public open space and community identity;
9. define public space and create a diverse environment by establishing proportions governing building setbacks, bulk, form, and character;
10. support compact and mixed-use development patterns that reduce long commutes, retain open spaces, and minimize costs for public services and facilities;
11. advance new and innovative master planning, site planning, engineering and architectural methods and techniques;
12. encourage flexibility and creativity in proposing new planning concepts that are responsive to changing economic and market conditions; and
13. encourage the location of new community anchors along existing or proposed transit corridors to create critical mass.
88-255-01-C. APPLICABILITY
SC zoning may be applied only to lands included within the Shoal Creek development originally approved through the MPC, master planned community provisions of the zoning ordinance in effect prior to January 1, 2011.
88-255-02 GENERAL REQUIREMENTS
88-255-02-A. A master plan must be prepared for all of the land area included within the proposed SC district, in compliance with the regulations and requirements of this article.
88-255-02-B. An application for SC zoning must be accompanied by a community master plan and a traffic study.
88-255-02-C. Detailed requirements for all types of development and amendments to the SC area can be found in the Shoal Creek Community Master Plan.
88-255-03 COMMUNITY MASTER PLAN
A community master plan is a narrative and illustrative plan which presents a unified and organized strategy for development and service facilities having a logical relationship to the property as a whole. A community master plan must consist of all of the following:
88-255-03-A. Project summary setting forth a general description of the overall development, a survey of existing conditions including existing zoning districts, vegetation, slopes, water resources, and floodplains and a division of the land into subareas based upon natural or man-made physical boundaries which are referred to individually as a "neighborhood."
88-255-03-B. Land use plan, including a graphic plan designating acreage and general locations for proposed uses, written development standards that identify permitted uses, quantify the intensity of uses, and establish parking, building height, and setback requirements. The land use plan may propose subdistricts within the district and provide for particular standards within each subdistrict. For purposes of the SC district, "subdistrict" is an area within the overall SC that may incorporate general requirements of the SC district or that may have standards distinct and unique from other areas within the SC.
88-255-03-C. Infrastructure plan, including a traffic impact study, street sections and provisions for public utilities, street lighting, and storm drainage facilities to serve the site.
88-255-03-D. Community facilities plan, including provisions for parks and recreation facilities, open space, school, fire stations, and other public safety facilities.
88-255-03-E. Community design plan, describing the design intent for the community as a whole and the neighborhoods that comprise the community through community-wide design goals, objectives, and guiding principles depicted in an illustrative plan.
88-255-03-F. Implementation and outline of the processes required to initiate construction and provide management and administration for the community as it builds out.
88-255-04 USES
In the SC district, no building or land may be used and no building may be erected, altered or enlarged, unless it is arranged, intended or designed as permitted by the Shoal Creek Community Master Plan.
88-255-04-B. ACCESSORY USES
Any use which is accessory and incidental to any enumerated principal use is permitted in accordance with the Shoal Creek Community Master Plan. No outdoor storage is permitted.
88-255-04-C. PARKING AND LOADING
Except as specified in the community master plan, the parking and loading provisions of 88-420.
88-255-05 - RESERVED
88-255-06 - RESERVED
88-255-07 NEIGHBORHOOD PLAN
After establishment of an SC district but prior to approval of any final plan or final plat affecting an area within a neighborhood, the applicant must submit for approval a neighborhood plan identifying the improvements for storm drainage, sanitary sewer, water lines, street construction, and park dedication. Prior to the submission of the neighborhood plan, the applicant must submit a proposal to conduct a meeting in the vicinity of such Neighborhood Plan to solicit comments from adjoining property owner s. The neighborhood plan must be reviewed and approved in accordance with the Shoal Creek Community Master Plan.
88-255-08 FINAL PLAT AND FINAL PLAN
88-255-08-A. FINAL PLAT
Prior to the issuance of a building permit for any construction within an SC district, the area included within the building permit must be platted. At the option of the applicant, any portion of the community master plan may serve also as the preliminary subdivision plat. Such option must be declared prior to the hearing before the city plan commission. At the time of submission of a final plat, the applicant for the final plat must provide an audit of the neighborhood development as of the date of the submission of the application for a final plat demonstrating that densities established by the community and neighborhood plans have not been exceeded and further that the audit identify the existing parkland dedication and any deficiencies or surpluses in the amount of required dedication.
88-255-08-B. FINAL PLAN
1. Prior to the issuance of any building permit within the area zoned SC, the applicant for the building permit must present a final plan for review and approved in accordance with the Shoal Creek Community Master Plan. In the case of detached house residential development, the final plat will serve as the final plan.
2. At the time of approval of the final plan (or final plat for residential) the applicant may request and the City Plan Commission may approve variations or modifications to the bulk and area standards requested by the applicant subject to consideration of the following criteria:
(a) The modification is limited to a use specifically set forth for the subdistrict or a use which is compatible with other uses permitted in the subdistrict;
(b) The modification is limited to application of the standards of the subdistrict and may not permanently alter such standards;
(c) Except for the specific modification, the other standards of the subdistrict will remain in effect;
(d) The modification must reflect the spirit and intent of the SC district as a whole and must maintain any unique planning design which are inherent to the development of the neighborhood area.
(e) Absent approvals provided herein the standards for a subdistrict (or incorporated provisions of other zoning regulations) apply without exception.
3. In the course of implementing the approved final plan, certain revisions or adjustments of detail may be permitted if approved by the city planning and development director. However, such revision or adjustment of detail must be in substantial compliance with the final plan approved by the city plan commission. If the city planning and development director finds that such revisions or adjustments of detail are not in conformance with the approved final plan, the applicant may submit a new final plan to the city plan commission for its review and approval.
88-255-09 AMENDMENTS TO APPROVED PLANS
88-255-09-A. If the final plan is not in substantial compliance with the Shoal Creek Community Master Plan subject to any variations or modifications submitted as part of the final plan or final plat (as provided above), the application must be denied. The applicant may resubmit a revised final plan which does conform with the Shoal Creek Community Master Plan or may file an amended community master plan in the same manner as provided for a zoning map amendment. Provided, however, if the community master plan identifies neighborhoods, no amendment need include information other than that required to amend the neighborhood plan notwithstanding any other provision to the contrary.
88-255-09-B. Requests to amend an approved plan must be processed as a zoning map amendment in accordance with the Shoal Creek Community Master Plan and 88-515, except that the city planning and development director is authorized to approve minor amendments to the SC plan in accordance with the administrative adjustment procedures of 88-570 (see specifically 88-570-02-H).
88-255-09-C. The perimeter boundaries of an established SC district may be modified from time to time by the original applicant or its assignee in the same manner as provided for a zoning map amendment. Such modification may be to an existing neighborhood or may establish a new neighborhood or may be to an existing subdistrict.
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 law have been given and had.
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I hereby certify that as required by Chapter 88, Code of Ordinances, the forgoing ordinance was duly advertised, and public hearings were held.
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Sara Copeland, FAICP
Secretary, City Plan Commission
Approved as to form:
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Sarah Baxter
Senior Associate City Attorney