Kansas City's stream buffer ordinance becomes effective Feb. 14, 2009 To read the overview of the ordinance, download the stream setback fact sheet. Council passes Kansas City's first stream buffer ordinance A major component of the new code is the stream buffer ordinance, Ordinance 080736 passed by Council on Aug. 21, 2008. The stream buffer ordinance will require certain new development to maintain a buffer to a stream. The ordinance sets out streamside, middle, and outer zones. The buffer not only reduces the amount of stormwater entering the creek, but also filters what does enter. Maintaining the proper distance from the stream reduces erosion and expensive repairs to infrastructure that often are funded by PIAC. Creation of a stream buffer ordinance has been recommended and supported by the Stream Asset Inventory, the MARC Natural Resource Inventory, the Wet Weather Solutions Program, the Wet Weather Community Panel, Environmental Management Commission, KC One, and the Green Solutions position paper. Riparian buffers provide direct public and environmental benefits by stabilizing streams, separating people and structures from flood hazards, protecting public infrastructure from damage, and improving water quality. Indirect benefits include habitat preservation, recreational opportunities, public amenities, and increased property values. The 2005 Stream Asset Inventory concluded that the best streams in Kansas City are those in which mature trees remain. The City Plan Commission on Feb. 5, 2008, recommended approval of a stream buffer ordinance. On Nov. 20, 2007, the commission recommended approval of the Open Space and Conservation Development sections, enabling a development tool that accompanies the stream buffer ordinance. On July 14, the City Council EPA Response Team recommended approval of a stream buffer ordinance with the following zones: Streamside zone extending 25 ft. landward from edge of stream; Middle zone extending landward from the outer edge of the streamside zone and encompassing the 100 year floodplain or 100 year conveyance and any wetlands; Outer zone extending landward 75 ft. from the outer edge of the middle zone. Additionally, when slopes in excess of 15 percent or areas of mature riparian vegetation* are contiguous with the middle zone boundary, the width of the outer zone is expanded as follows: If the outer zone is set aside and protected as permanent open space, the maximum extent of the outer zone is 150 ft. as measured from the edge of the middle zone. IIf a portion of the outer zone is to be developed to a maximum of 40 percent (or 50 percent using mitigation), the maximum extent of the outer zone is 250 ft. *Mature riparian vegetation is defined as vegetation adjacent to a stream consisting predominantly of mature trees (10-inch diameter breast height or greater), where at least 50 percent of the mature trees are of riparian or bottomland species as defined by The Terrestrial Natural Communities of Missouri (Nelson 2006) The 25 ft. streamside zone and the 75 ft. minimum outer zone ensure that all streams as portrayed on the Kansas City Natural Resource Map have a minimum 100 ft. buffer as measured from edge of stream. Allowable uses within zones: While setting limitations certain uses within the zones, the ordinance sets forth allowable uses: Streamside zone activity is limited to vegetation management; streambank stabilization; road, trail, and utility crossings and stormwater outfalls (designed per the City’s Standards, Specifications and Design Criteria). Stream access for fishing and wildlife viewing and trail overlook areas are allowed if incompliance with specifications and if they maintain the integrity of the stream buffer. In addition to trail crossings where necessary, certain trail encroachments may be permitted under certain conditions. Middle zone activity includes that permitted in the streamside zone. Further, underground utility corridors that are fully vegetated and designed in accordance with city standards and paved and unpaved recreational trails for hiking and biking are allowed. Outer zone activity includes those permitted in the streamside and middle zones. Also allowed are BMP’s as outlined in the Manual of Best Management Practices for Stormwater Quality, including stormwater management, BMP maintenance, stormwater discharge, and conservation development. Conservation and Open Space Development Ordinance 080770: The new code, through provision of a density bonus and reduction in lot size and setback requirements, encourages conservation development. Conservation development works well in allowing developers to comply with the stream buffer requirement. This promotes development in clusters, thereby reducing infrastructure and pavement. It allows residents to interact with nature in their communities, rather than causing its obliteration. The conservation development option would allow developers to clear up to 40 percent of the outer zone (the buffer to the buffer) if they opt for conservation (low impact) development. Conservation development ensures that 60% of the outer zone of a stream buffer remains in its natural state - undisturbed and undeveloped. The open space tool requires that only 30 percent of the outer zone or other areas as designated by a plan, be set aside. Use of conservation development for residential uses will allow a developer to comply with the stream buffer setback without losing density or number of units. The resulting open space is a valuable amenity to residents. It should be noted that a developer may opt for conservation development even if not affected by the stream buffer ordinance. For residential conservation development, a density bonus of 20 percent may be achieved. For commercial development, required parking is reduced by 20 percent and building heights may be increased by 20 percent over otherwise applicable height limits. In addition to the ability to clear up to 40 percent of the outer zone, a developer may use mitigation, which will allow clearing of an additional 10 percent of the outer zone if mitigation occurs adjacent to the outer zone. Areas required to be undisturbed within the outer zone may not contain permanent buildings, structures, impervious cover, or active recreation facilities such as golf courses or athletic fields. Boundary markers will be put in place to mark the stream buffers before, during, and after construction. Fencing delineating the buffer must be installed prior to and maintained during construction. Permanent signs will be placed at the edge of permanent opens space after construction to denote the buffer. The stream buffer sets forth a procedure for exceptions to be granted by the City Council in cases of unnecessary hardship. An implementation guide will be prepared to further assist developers and staff in using the ordinance. Effective date and applicability: As requested by the Council, these ordinances would become effective on Feb. 14, 2009. In certain cases where development plans and plats have previously been approved, new development may be exempt from compliance with the stream buffer ordinance. See Sec. 65-02 (d) for specific text. This was negotiated with the development community. Overview of development regulations The City's first zoning ordinance was adopted in 1923, with only a few use and height categories. The document was revised in 1946 to add specific zoning districts and regulations. Further revision occurred in the late 1960s and early 1970s when "planned" zoning districts were added. Since then, revisions have primarily involved changes to categories and additions of certain sections, typically predicated by the need of a particular development. This piecemeal approach has produced roughly 40 zoning classifications and resulted in an awkward document, difficult for professionals and the public to interpret and use. Beginning in 1931, subdivision layout was governed by rules adopted by the City Plan Commission. In 1954, the first subdivision regulations were adopted. Many of these regulations still apply. Kansas City's first stream buffer ordinance, passed Aug. 21, 2008 and the Conservation and Open Space Development Ordinance are listed below. Committee Substitute for Ordinance No. 080736 Committee Substitute for Ordinance No. 080770 See Committee Substitute for Ordinance 081033 at City Clerk's Ordinance Search webpage for Stream Setback Code Ch 65 transition into New Development Code Ch 88 Series 400 Section 415.  Note: Ch 65-03 "Definitions" moves into the Ch 88-810 "Definitions," and other minor changes. See also City Planning and Development Land Development Division Reference Standards Webpage for related reference materials (Training Guides, Resources, and Documents).  Stream buffer maps Natural Resources Protection Map (north of the river) Natural Resources Protection Map (south of the river)