ORDINANCE NO. 241093
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Sponsor: Director of City Planning and Development Department
Amending Chapter 88, the Zoning and Development Code, by repealing Section 88-516-06, Amendments to Development Plans or Project Plans, and enacting in lieu thereof a new section of like number and subject matter for the purpose of expanding the types of amendments that can be approved administratively. (CD-CPC-2024-00140)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 88, Code of Ordinances is hereby amended by repealing Section 88-516-06-A, and enacting in lieu thereof new section of like number and title, with said new section to read as follows:
88-516-06 AMENDMENTS TO DEVELOPMENT PLANS OR PROJECT PLANS
88-516-06-A. MAJOR AMENDMENTS
1. Major amendments to approved development plans or project plans must be reviewed and approved in accordance with the development plan or project plan review procedures of this ordinance. Major amendments to development plans or project plans include one or more changes, in cumulative total (when compared to the original plan approval), that would:
a. increase building coverage by more than 10%;
b. increase the total floor area by more than 10%;
c. increase building height by more than 10% or 15 feet in all zoning districts except M, whichever is less;
d. increase building height by more than 10% in an M zoning district within 500 feet of a R zoning district;
e. increase the total impervious surface coverage by more than 10% or 10,000 square feet in an M zoning district within 500 feet of an R zoning district, whichever is less;
f. increase the total impervious surface coverage by more than 10% in a M zoning district for properties not within 500 feet of a R zoning district;
g. increase the total impervious surface coverage by more than 10% in all other zoning districts.
h. result in extensive site modification involving location of buildings, razing, and reconstruction of approved uses;
i. increase the number of dwelling units by more than 10%; or
j. result in any other change that the city planning and development director determines will have impacts that warrant full review of the application in accordance with the development plan review procedures.
88-516-06-B. MINOR AMENDMENTS
Any application for an amendment to an approved development plan or project plan that does not meet the criteria for a major amendment will be considered a minor amendment. Minor amendments may be approved by the city planning and development director. A minor amendment may include a change in an approved phasing plan.
88-516-06-C. PLAN AMENDMENT - MULTIPLE OWNERS
In the case of a plan amendment with multiple owners, a single property owner may initiate the application to amend the plan if:
1. The amendment to the plan does not adversely affect the remaining parcels within the plan boundaries as to density, parking, setbacks, or other similar factors as provided in the rules and regulations of the city plan commission; and
2. The applicant property owner has notified all other property owners within the plan boundaries, in the form and manner adopted by the city plan commission and by certified mail, and has received no written objection to such amendment within 30 days after the date such notice is mailed.
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