COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 080770
Amending Chapter 80, Code of
Ordinances, by enacting Sections 80-209-01 through 80-209-06 which provide for
open space and conservation development.
BE ORDAINED BY THE COUNCIL
OF KANSAS CITY:
Section 1. That Chapter 80, Code
of Ordinances of the City of Kansas City, Missouri, is hereby amended by
enacting new Sections 80-209-01 through 80-209-06, to read as follows:
80-209. Open space
developments & conservation development.
Sec. 80-209-01.
Purpose/description.
(a) The regulations of this
section are intended to encourage subdivision design that is more efficient and
provides more open space and greater natural resource protection than
conventional development designs. Open space development and conservation
development designs allow more compact and less costly networks of roads and
utilities. They can also help reduce stormwater run-off and non-point source
pollutant loading rates and can be used to preserve an areas semirural
character. Open space developments and conservation developments are intended to
reduce stormwater runoff and flooding, preserve natural resources, protect water
quality and encourage the provision of needed open space and recreational
amenities for residents.
(b) The open space development
and conservation development standards of this section require that a specified
portion of each development be set aside and permanently preserved as open
space. The primary difference between open space developments and conservation
developments is the amount of open space that must be preserved.
(c) The required open space area
within open space developments or conservation developments can be used to
provide recreational opportunities for the subdivisions residents and/or to
conserve and protect significant natural resources, such as stream buffers.
Sec. 80-209-02. Site area and
open space requirements.
Open space developments and
conservation developments must comply with the minimum site area and minimum
open space standards of the following tables:
|
Table 110-2
Lot and Building
Standards
|
RA
GPA |
R1aa
R1bb
GPR1 |
R1a
GP6
GPR2 |
R1b
GP5 |
R2a |
R2b
R3
GP4 |
R4
R4O |
R5 |
R6 |
|
Open Space
Development |
|
Overall
Site |
|
Min. open space (% of
site) |
30 |
30 |
30 |
30 |
30 |
30 |
30 |
30 |
30 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Min. area per unit (sq. ft)
|
72,000 |
9,000 |
6,750 |
5,400 |
4,500 |
2,750 |
1,350 |
450 |
270 |
|
Lot Size |
|
Min. lot area (sq.
ft) |
12,000 |
7,500 |
6,000 |
5,400 |
3,750 |
3,000 |
2,500 |
2,500 |
2,500 |
|
Min. lot width
(ft) |
100 |
75 |
50 |
45 |
35 |
25 |
25 |
25 |
25 |
|
Front
Setback |
|
Minimum (% lot
depth) |
20 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
|
Min. garage (% lot
depth) |
25 |
25 |
25 |
25 |
25 |
20 |
20 |
20 |
20 |
|
Maximum required
(ft) |
25 |
25 |
25 |
25 |
25 |
20 |
20 |
20 |
20 |
|
Rear
Setback |
|
Minimum (% lot
depth) |
25 |
25 |
25 |
25 |
25 |
25 |
25 |
25 |
25 |
|
Maximum required
(ft) |
50 |
30 |
30 |
30 |
30 |
25 |
25 |
25 |
25 |
|
Side
Setback |
|
Min. each side (% lot
width) |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
|
Maximum required
(ft) |
8 |
8 |
8 |
8 |
8 |
8 |
8 |
8 |
8 |
|
Min. abutting major street
(ft) |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
|
Height
(ft) |
|
Maximum |
35 |
35 |
35 |
35 |
35 |
40 |
45 |
120 |
200 |
|
Conservation
Development |
|
Overall
Site |
|
Min. open space (% of
site) |
60 |
60 |
60 |
60 |
60 |
60 |
60 |
60 |
60 |
|
Min. area per unit (sq. ft)
|
64,000 |
8,000 |
6,000 |
4,800 |
4,000 |
2,000 |
1,200 |
400 |
240 |
|
Lot Size |
|
Min. lot area (sq.
ft) |
9,600 |
3,200 |
2,500 |
2,500 |
2,500 |
2,500 |
2,500 |
2,500 |
2,500 |
|
Min. lot width
(ft) |
85 |
50 |
45 |
35 |
30 |
25 |
25 |
25 |
25 |
|
Front
Setback |
|
Minimum (% lot
depth) |
20 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
|
Min. garage (% lot
depth) |
25 |
25 |
25 |
25 |
25 |
20 |
20 |
20 |
20 |
|
Maximum required
(ft) |
25 |
25 |
25 |
25 |
25 |
20 |
20 |
20 |
20 |
|
Rear
Setback |
|
Minimum (% lot
depth) |
25 |
25 |
25 |
25 |
25 |
25 |
25 |
25 |
25 |
|
Maximum required
(ft) |
50 |
30 |
30 |
30 |
30 |
25 |
25 |
25 |
25 |
|
Side
Setback |
|
Min. each side (% lot
width) |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
10 |
|
Maximum required
(ft) |
8 |
8 |
8 |
8 |
8 |
8 |
8 |
8 |
8 |
|
Min. abutting major street
(ft) |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
15 |
|
Height
(ft) |
|
Maximum |
35 |
35 |
35 |
35 |
35 |
40 |
45 |
120 |
200 |
Sec. 80-209-03. Lot and
building standards.
Open space developments and
conservation developments must comply with the lot and building standards of the
table in 80-209-02 except as expressly stated in this chapter.
Sec. 80-209-04. Maximum
density and net site area.
(a) The maximum number of
dwelling units allowed within an open space developments or conservation
development is computed by dividing the net area of the site by the applicable
minimum-lot-area-per unit standard in the table in 80-209-02. Net site area is
to be calculated by subtracting all of the following from the sites gross land
area:
(1) the streamside zone of
required stream buffers Chapter 65;
(2) the middle zone of required
stream buffers Chapter 65; and
(3) water bodies with a
contiguous area of more than 5,000 square feet.
(b) If the open space
developments or conservation development site (subdivision) is located in more
than one zoning district, the maximum number of dwelling units allowed must be
determined separately for each portion of the site lying within a different
zoning district. Density may be transferred from one portion of the site to
another, provided that such transfers do not result in an increase in the number
of dwelling units allowed on the overall site.
Sec. 80-209-05. General
development design.
(a) Open space developments and
conservation developments are subject to all other subdivision design and
improvement standards of this chapter unless otherwise expressly stated.
(b) Lots and
development sites within open space developments and conservation developments
must, to the maximum extent practical, be located outside of areas containing
woodlands, grasslands, surface waters, steep slopes drainageways, rock
outcroppings and other natural resource features.
(c) Impervious areas must be
limited and, to the maximum extent practical, be sited and designed to minimize
stormwater runoff impact to the watersheds receiving waters by:
(1)
minimizing concentrated stormwater flow;
(2) breaking
up or disconnecting large areas of impervious surface into smaller areas;
(3)
maximizing the use of sheet flow through vegetated areas; and
(4)
maximizing the flow length through vegetated areas.
Sec. 80-209-06. Open
space.
(a) General. Open
space provided to meet minimum open space requirements must be in one or more
parcels dedicated or otherwise protected as permanent, active or passive open
space. Any city-accepted parkland or open space area under Section 66-128 will
be counted towards meeting minimum open space standards.
(b) Use, location and design.
(1) Open
space must be dedicated or reserved for one or more of the following uses:
a.
conservation of, and avoidance of development in, any readily identifiable
natural hazard areas, i.e., areas that potentially pose a significant hazard to
people or property (e.g., drainageways, wetlands, and lands whose slope and/or
soils make them particularly susceptible to subsidence or erosion when disturbed
by development activities);
b.
conservation and protection of mature riparian vegetation within the outer zone
of a stream buffer (see Chapter 65);
c.
conservation and protection of any identified significant natural areas
(e.g., rare plant communities and wildlife habitat) or other environmentally
sensitive areas where development might threaten water quality or
ecosystems;
d.
conservation and protection of any identified significant historic or cultural
resources; or
e.
provision of active and/or passive outdoor recreation opportunities (e.g., ball
fields, playgrounds, tennis courts, swimming pools, basketball courts, golf
courses, bikeways, walking trails, nature trails, and picnic areas), either for
the general public or for the subdivisions residents or employees and their
guests. (Note: this provision is not intended to preclude a membership
requirement or monetary charge for use of recreation facilities such as a golf,
swim or tennis club, as long as subdivision residents have an opportunity to
join the club or pay to use club facilities.)
(2)
Highest priority for the location, design, and use of open space must be
given to conserving, and avoiding development in, any natural hazard areas (see
Section 65-03) on the site.
(3) Open
space may contain active recreation areas (e.g., golf courses) and only such
buildings, structures, accessways and parking facilities as are necessary and
accessory to its principal uses (e.g., pedestrian paths, recreational club
houses, utility lines, driveways, parking areas). All active recreation areas,
permanent structures and impervious surfaces must be of a low-impact design, and
management practices must be instituted to protect and enhance the natural
character and function of the open space. Such development requires:
a. a tree
and native vegetation preservation plan that limits site disturbance to the
minimum required for construction and protects mature vegetation areas from
degradation;
b.
landscaping using native or naturalized plant species;
c.
low-input, natural vegetation management practices; and
d.
stormwater best management practices.
(4) Open
space areas may be used for stormwater management in accordance with the citys
Standards, Specifications and Design Criteria and the citys Manual of
Best Management Practices for Stormwater Quality.
(5) Open
space areas may not be used for irrigation of reclaimed wastewater.
(6) The
location, size, character and shape of required open space must be appropriate
for its intended use (e.g., open space proposed to be used for recreation,
particularly active recreation, should be located and designed so that it can be
accessed conveniently and safely by intended users, and open space to be used
for ball fields, playing fields or other active recreational facilities should
be located on land that is relatively flat and dry).
(c)
Ownership and management of open space.
(1) The
applicant must identify the owner of the open space. The designated owner and
the owners successors are responsible for maintaining the open space and any
associated facilities. If a property owners association is the owner, membership
in the association is mandatory and automatic for all property owners of the
subdivision and their successors. If a property owners association is the owner,
the property owners association must have lien authority to ensure collection of
dues from all members.
(2) The
applicant must submit a management plan for the open space and all common areas.
The management plan must:
a. allocate
responsibility and guidelines for the maintenance and operation of the open
space and any associated facilities, including provisions for ongoing
maintenance and for long-term capital improvements;
b. estimate
the costs and staffing requirements needed for maintenance, operation and
insurance and outline the means by which necessary funding will be obtained or
provided;
c. provide
that any changes to the management plan be approved by the plats review
committee (see Section 66-41); and
d. provide
for enforcement of the management plan.
(3) In the
event the party responsible for maintenance of the open space fails to maintain
all or any portion in reasonable order and condition, the city may assume
responsibility for its maintenance and may enter the premises and take
corrective action, including the provision of extended maintenance. The costs of
such maintenance, plus any administrative costs and penalties, may be charged to
the owner, property owner association, or to the individual property owners that
make up the property owners association. Unpaid costs will become a lien on all
subdivision properties.
(d) Boundary markers.
(1) Boundary
markers must be put in place clearly marking required open space areas before,
during and after construction.
(2) Boundary
markers must be installed at the intersection of private lot lines with the
outer edge of the permanent open space area before receiving final city approval
of plans for clearing, grading, or sediment and erosion control.
(3)
Construction fencing must be placed at the outer edge of the existing vegetation
to be preserved in the permanent open space area. This fencing must be
maintained throughout the construction process.
(4) Permanent
signs must be placed at the edge of the permanent open space. as follows:
a. For
single-lot developments, signs must be posted every 100 feet along the open
space boundary.
b. For
multiple lots located along an open space set-aside, signs must be located at
the intersection of every other lot line along the open space.
c. The sign
face shall be two square feet in area.
(5) Required
signs must read: Permanent Open Space Set-Aside Do Not Disturb (City Code
Section 80-209-06), with the sign message located approximately 4 feet above the
ground. No other message shall be on the sign. Signs must be maintained and
remain legible at all times.
(e) Legal instrument for
permanent protection.
(1) The open
space must be protected in perpetuity by a binding legal instrument that is
recorded with the deed. The legal instrument must be one of the following:
a. a
permanent conservation easement in favor of either:
1. a land
trust or similar conservation-oriented non-profit organization with legal
authority to accept such easements. The organization must be bona fide and in
perpetual existence and the conveyance instruments must contain an appropriate
provision for transfer in the event the organization becomes unable to carry out
its functions;
2. a
governmental entity (if the entity accepting the easement is not the city, then
a third right of enforcement favoring the city must be included in the
easement);
b. an open
space tract protected by a permanent restrictive covenant for conservation
purposes in favor of a governmental entity; or
c. an
equivalent legal tool that provides permanent protection, as approved by the
city attorney.
(2) The
instrument for permanent protection must include clear restrictions on the use
of the open space. These restrictions must include all restrictions contained in
this section, as well as any further restrictions the applicant chooses to place
on the open space.
_____________________________________________
Approved as to form and legality:
___________________________________
M. Margaret Sheahan Moran
Assistant City Attorney