Gardner City Zoning Code

Plan and coordinate street networks to ensure the proper arrangement of blocks and lots for long-range development.

Emphasize street design as a key determinant of Gardner's image and identity.

Provide for efficient and safe movement of all potential users of the streets, including pedestrians, bicycles, automobiles, and trucks or transit.

Use streetscape design to call attention to differing contexts within the City and better support development patterns and uses abutting the streets.

Plan street networks to increase connectivity, improve options for access in the community, and allow greater variety of street designs on different street segments.

Balance street designs so the interests of a single mode of transportation do not compromise other modes.

Blocks and Connectivity. Streets shall be laid out to provide a network of blocks and streets based on the planning context and development pattern as identified in Table 4-1:

External Connections. Street network plans shall provide for the continuation of streets in adjacent subdivisions and to future growth areas at intervals that meet these standards and shall be constructed to the subdivision boundary.

Offsets. Slight jogs in continuous streets at points of intersection with other streets shall not be permitted unless due to topography. Where offsets cannot be avoided, a minimum distance of 150 feet shall be established between centerlines of the intersecting streets.

Exceptions. The following are exceptions to the block and connectivity standards:

Dead End Streets. In any case where streets are not required to connect by these standards, dead end streets shall be limited as specified in Table 4-1. Turn-around shall be required with an outside right-of-way line radius of at least 50 feet. Alternative designs such as loops or closes are preferred over dead ends and cul-de-sacs.

Walkways and Passages. In any case where exceptions for larger blocks apply, or any other area where substantial pedestrian traffic may occur, such as adjacent to schools, the Planning Commission or Governing Body may require pedestrian walkways through blocks or at any dead end streets. Such walkways shall be dedicated to the public in the same manner as streets and shall meet the Trail/Greenway design standards in GMC § 17.04.020.

Street Design Types. Each functional classification may use the following Street Design Types so that urban design features and streetscape design better support the development context and character of the area. Table 4-2 identifies which design types are most appropriate for different contexts and different functional classes of streets.

Complete Streets Policy Guide. The Complete Streets Design Policy and Standards in Appendix B[1] provides a framework for assembling cross sections for each specific street type. The standards and guidelines in Appendix B shall be used to create specific cross sections for a specific context, or to adjust the typical street cross sections provided in this section.

Typical Cross Sections. The following are typical cross sections for each functional classification and street design type, applying the complete streets design policy and standards in Appendix B. They are a starting point for all street designs, and the City Engineer, Director, or Planning Commission may require modifications to these typical cross sections to account for the specific context and better meet the intent of this section.

Corner Curb Radii. Corner curb radii shall be the minimum amount necessary to balance the competing interest of vehicle turning movements and the distance and safety of pedestrians crossing the street, based on the appropriate context. Table 4-3 establishes the base requirements. In areas where large vehicles will make frequent turning movements, the Commission may require greater corner curb radii. In areas where slower speeds are desired or walkability is desired the Commission may require tighter corner curb radii.

SightDistances. Proper lines of sight shall be maintained at all intersections. The proper line of sight shall be an unobstructed view from the stopping point on the approaching street to all points three feet above the roadway along the centerline of the intersecting street. The distance of the unobstructed view shall be based upon the design speed of the intersecting street, specified in Table 4-4.

Crosswalks. Intersections of sidewalks with public streets shall have crossings meeting the following standards:

Recognize open space as an important and enduring element of civic design and Gardner's image and identity.

Plan and integrate an open and civic space system into the structure of streets, blocks and lots as a coordinated part of the public realm.

Value the design, function, and appropriate application of different types of open space, rather than solely the quantity of space.

Develop a greater perceived impact from open space by coordinating the design and location of open spaces across multiple development projects.

Consider the context and multiple functions that open spaces can serve to support development, including ecological, recreation, aesthetic and urban design functions.

Create focal points for the community, neighborhood, district, or development site to which development and site plans should respond.

Integrate natural systems into the design of common or public open spaces.

Generally. These standards apply to all divisions of land involving more than five acres. All platted lots shall have access to one or more of the open and civic space types in this section, within the specified service area. The open space requirement is in addition to any landscape, setback, buffer or frontage type requirement in this Code; however, effective site design can allow areas to meet multiple standards.

Exceptions. Any lot platted within the applicable service area for any existing open and civic space types below does not require any new open spaces, provided:

Based on a plan through the planned development process that meets or exceeds the intent of this section;

To the point where any lesser percentage of open space will clearly meet both the service area and level of service targets identified in subsection (F) of this section; or

For any application that dedicates open space to the public in a type, location and design standard that is acceptable to meet general public needs.

Priority should be given to areas that provide the most visible impact, and to locations that provide relationships to open and civic space systems on adjacent property and future development sites.

Open space shall be located in areas that maximize its functional characteristics.

Creation of or dedication to a nonprofit entity capable of carrying out the ownership and management.

Creation of a homeowners and/or leaseholders association that owns it in common capable of carrying out the ownership and management.

Dedication to a public entity as part of the rights-of-way, parks or other community facilities element of the plan.

Ensure the proper arrangement of blocks and lots within the structure of the street network and open and civic space systems.

Arrange development in a manner that is least disruptive to existing topography and capitalize on inherent characteristics of the land as defining features.

Coordinate access and utilities for each lot in association with larger systems of streets and infrastructure.

Promote appropriate site and building designs in relation to the public realm.

Ensure that all lots are buildable lots according to this Code, and provide that all tracts or other parcels serve an urban design or planning function in relation to the overall development pattern.

Generally. All blocks shall be laid out to have two tiers of lots, unless dictated by overriding development patterns outside of the control or impact of the project. The number of lots accessing collector streets shall be kept to a minimum, and residential lots should not access arterial streets, unless collector and arterial streets are designed to the Neighborhood street design type in GMC § 17.04.010 and Appendix B[1]. The street network and street design types shall be coordinated so that the appropriate balance between the transportation functions, development patterns and urban design goals are met. Techniques such as alternative access (alley or shared drives), arranging blocks so side lot lines abut high-volume streets, or other planning and urban design strategies should be used to arrange blocks and lots to support the appropriate frontage types and building types along streets.

Flood Hazard. Subdivisions shall be designed to assure that the arrangement of streets, open spaces, blocks and buildable lots will minimize flood damage, including the location and design of utilities and facilities.

Drainage. Blocks and streets shall conform to existing topography as nearly as possible to reduce drainage problems. Where surface drainage is necessary, easements shall be provided and the City may require installation of pipe, masonry or rip-rap, flumes or inlets, or other such protective devices. Storm drainage should be designed at the largest scale possible in order to avoid site-by-site treatment. Integrating stormwater functions into the design of Open and Civic Space Systems using street designs and open spaces that serve dual purposes is a priority. At the site level, infiltrating stormwater through best management practices is preferred to detention.

Utility Easements. All blocks shall include easements for all required improvements necessary to serve each lot. Easements shall be granted by the owner to the appropriate entity. All easements shall be accessible from the public right-of-way.

Generally. All lots that result in buildable lots shall consider the following:

Lot Lines. Side lot lines shall be generally perpendicular to the right-of-way lines or radial to curved streets.

Lot Access. Lot access shall be limited by the specific street type, and the access guidance provided for each street. Access for any street may be further modified by any specific access management study. Where access is limited by these standards and guidelines, alternative access through shared drives, internal access lanes, or alleys shall be considered.

Within the planting area of the right-of-way and coordinated with the planting specifications;

Within an easement along the lot frontage and outside of the right-of-way;

Within an easement or alley in the middle of the block and to the rear of the lots; or

In walkable contexts, under the street or sidewalk subject to specific cross section designs.

The applicant shall construct the facilities as planned by the City for future capacity as part of the subdivision and development process.

The applicant shall be responsible for the portion of the costs required to serve the proposed subdivision based on actual total cost to build the facilities absent any upsizing agreement.

The City shall be responsible for any incremental costs to expand the facility to the planned capacity, beyond the capacity to serve the subdivision. The City’s participation may be based by the applicant bidding the project with bid alternates, one alternate to build the minimum required facility to serve the subdivision or development and the second bid alternate being for the upsized facility planned by the City.

The agreement shall be subject to approval by the City Attorney.

Anticipate and evaluate the incremental and long-term impact of development on broader public and community facility needs.

Identify opportunities to integrate plans for public and community facilities into the planning and design of proposed land divisions.

Consider the location of public and community facilities with initial planning considerations for streets, open spaces, blocks, and lots, so that needed facilities are located conveniently in neighborhoods and districts and serve as focal points for the community.

Provide the opportunity to negotiate a fair and equitable price for land needed to develop public or community facilities, or alternatively to provide an incentive for land owners to dedicate land for needed facilities where the lack of facilities may otherwise constrain potential future development.

Ensure that the most appropriate locations of public and community facilities are identified and considered prior to the premature commitment of these areas to conflicting development patterns.

Promote fiscal responsibility for all public entities by coordinating the planning, design and financing of public facilities with impact generated from proposed development.

The request for dedication shall be based on an official master plan of the entity having jurisdiction over the facility identifying the general location and extent of the facility, or some other documented need for the facility that is available for public review.

The dedication may be included on the preliminary plat or a condition of approval of the preliminary plat, at the discretion of the applicant.

Acceptance of the dedication shall be agreed to in writing by the entity having jurisdiction over the site or facility prior to approval of the final plat. Upon dedication the applicant may be eligible for credits towards open space requirements or reimbursement of other development fees.

The reservation by the Planning Commission or Governing Body shall:

During the reservation period or in association with the preliminary plat, the applicant may submit a contingency preliminary plat for the portion of the property subject to the reservation. A contingency plat shall include all of the information of a preliminary plat for the reserved property, and can serve as the preliminary plat if the negotiation is terminated or unsuccessful. Any final plat for a reserved portion may be conditionally approved, and shall not be recorded until the one-year reservation period has expired or negotiations have terminated. Otherwise any reserved portion not acquired within one year will require a preliminary and final plat according to the standards and procedures in this Code.

Exception. Property owned and developed by the school district shall be exempt from the dedication of park land or fee in lieu of dedication provisions.

Land dedicated through the plat and accepted by the City as public right-of-way for an arterial street as designated on the major street plan.

Any replat of previously platted land area which was approved by the City and recorded prior to January 5, 2000, and where the replat does not increase the density or intensity of the approved land uses.

Any replat of previously platted land area which was approved by Johnson County and where the replat does not increase the density or intensity of the approved land uses.

Any replat of previously platted land area where excise tax has already been previously paid.

Land designated on the plat as public park land dedicated to and accepted by the City, and reserved for public recreational use or public open space.

Land platted by the school district utilized as public recreational use or public open space.

Land included in the plat identified as a separate lot, block, tract or parcel as part of the civic and open space system to be owned and maintained by a homes association and used exclusively for recreational use or private open space for the benefit of the members of the homes association; provided, that the Governing Body finds and determines that the location, area, configuration, topography, proposed landscaping and improvements, and use of the land is such that it is in the public interest to exclude the land from the area for the purposes of determining the amount of the tax. Land may be left unimproved as part of an open space plan approved by the Governing Body.

Land that is part of a developer's agreement with the City to pay for the construction of the major street by the creation of benefit districts and the square foot assessments to be levied upon the land will equal at least the tax rate.

Land dedicated and accepted by a public entity, or reserved and acquired by a public entity, as part of the community facilities provisions of this chapter.

The amount of any payment to the public improvement street development fund/account made pursuant to the requirements of Ordinance 1805 in effect from April 19, 1995, through January 4, 2000, for a tract of land included in the plat for the cost of construction to City standards of a major street.

The reasonable cost for construction to City standards of a major street abutting and serving land included in the plat, required by the City and accepted as a condition for approval of a plat. Reasonableness of costs shall be determined by the City Engineer based on information presented to the City.

In the case of a replat of a recorded plat that increases the area in the recorded plat, the credit shall be the amount of any tax, or portion thereof, paid by the applicant, or the applicant's predecessors in interest or ownership, for the previously recorded subdivision.

Under no circumstances shall a credit be given in excess of the amount of tax calculated to be due on the plat.

The decision of the Director on the area or on the amount of the credit may be appealed to the Governing Body by the applicant prior to consideration of the plat by the Governing Body. The notice of appeal shall be in writing filed with the City Clerk and shall state with particularity the decision being appealed and the manner in which and the reason why the applicant believes the area or credit was incorrectly calculated and what the applicant believes are the correct calculations. The Governing Body's consideration of an appeal shall be limited to determining the accuracy of the calculated area or credit.

The tax rate shall be based on the date the final plat is acted upon by the Governing Body.