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Gardner City Zoning Code

CHAPTER 17

06 SPECIAL DISTRICTS

§ 17.06.010 PLANNED ZONING DISTRICTS.

A. 
Intent and Applicability. The intent of the planned zoning districts is to encourage innovation in development, unique and distinctive places, and efficient use of land, buildings and infrastructure. Specifically, planned zoning and development plans to support the flexibility offered through planned zoning should accomplish one or more of the following:
1. 
Preservation of distinct natural features on the land and integration of them into amenities for the project.
2. 
Reduction in potential environmental impacts from the development, whether through disturbance of land, location of streets and infrastructure or operation of sites and buildings.
3. 
Create broader community benefits through the better integration of multiple projects, resulting in designs that could not have otherwise been accomplished through the base zoning districts and standards.
4. 
Improved public realm designs, including streetscapes, open space, civic spaces and the relationship of buildings and sites to those spaces.
5. 
Creation of unique projects and places that are particularly suited for the planned location based on the characteristics of the land or the context and relationship to surrounding areas.
Departures from the standards associated with all zoning districts may be considered through planned zoning, and approved provided they are based upon a comprehensive and well-integrated development plan for the area. These departures shall not be justified for simply wanting flexibility or deviations from standards based upon a site plan.
B. 
Permitted Uses. The uses allowed in the planned districts shall include all uses that are applicable in the underlying zoning districts, along with permitted conditional uses. However, the development plan may propose greater specificity as to allowed uses, whether that is consideration of additional uses in a limited or specific context, conditions on otherwise allowed uses, or limitations or prohibition on other uses which are not appropriate according to the plan.
C. 
Development Standards. The development standards for planned zoning shall be those of the most comparable base zoning district, except as specifically modified and noted on a development plan accompanying a planned zoning proposal. Departures from standards may specifically propose standards that differ from this Code for:
1. 
Street Types;
2. 
Open and Civic Space Types;
3. 
Applicable uses and performance standards;
4. 
Building Types and Frontage Types;
5. 
Site design and landscape;
6. 
Parking quantity and design;
7. 
Signs.
D. 
Rezoning. Approval of a development plan for planned zoning shall be considered a rezoning of the property and be subject to the procedures and criteria in GMC § 17.03.040. The resulting zoning shall be noted by designating a “P” to the most comparable base zoning district or districts (i.e., R-1 to RP-1, and C-1 to CP-1).
(Ord. 2518 § 2 (LDC § 6.01))

§ 17.06.020 RM-P – RESIDENTIAL MANUFACTURED AND MOBILE HOME PLANNED DISTRICT.

A. 
Intent and Applicability. The RM-P district is intended to provide smaller format manufactured and mobile homes within a planned development that includes common amenities in a neighborhood or community setting that is compatible with the surrounding community. The RM-P district is a specific form of a planned district requiring review and approval as provided in GMC § 17.06.010, Planned Zoning Districts, and 17.03.040, Planned Development.
B. 
Permitted Uses. The uses allowed in the RM-P district shall include all uses specified in Table 5-2 and the following specific uses:
1. 
Dwelling units consisting of modular homes, mobile homes, or other similar small detached dwellings.
2. 
Accessory buildings and uses incidental to those listed above and which support the residential community, including offices, recreation buildings or other community services.
C. 
Development standards.
1. 
Project Intensity.
a. 
The minimum project area shall be at least 15 acres, and the minimum frontage along a public street shall be 300 feet; except that a plan for as small as five acres and 150 feet of public street frontage may be approved if the plan demonstrates exceptional community design and layout for the common areas within the community and integration and relation of the project to surrounding areas.
b. 
The maximum project intensity shall be no more than 4,000 square feet per dwelling unit, including any common areas and internal circulation systems supporting the community.
2. 
Height. The maximum structure height is 35 feet.
3. 
Home Sites.
a. 
The minimum area for an individual home site shall be 2,000 square feet, and all home sites shall front on a public street or private internal access street, or front on common space with street access at the rear of the home site.
b. 
Dwellings shall have the following minimum setbacks:
(1) 
Front = 25 feet, except home sites fronting on courtyards or other civic space of the Common Area plan may have dwellings located at the front lot line.
(2) 
Side = five feet; 15 feet on street side corner lots.
(3) 
Rear = 25 feet, except home sites backing to buffers, common open space or alleys may have a 10-foot rear setback.
(4) 
All dwellings shall be at least 50 feet from any public street or other boundary of the community with adjacent property.
(5) 
All dwellings shall have at least 20 feet between other dwellings, or at least 30 feet between the dwelling and accessory building, except sheds or accessory structures serving the home site.
c. 
Each home site shall have a private patio, courtyard or similar outdoor amenity of at least 200 square feet.
4. 
Parking Standards. Two off-street spaces for each dwelling unit; common lots within 300 feet of dwelling units.
D. 
Common Areas. All common areas not dedicated as home sites according to the development standards in subsection (C) of this section shall be designed as part of the Public Realm Plan for the community (see GMC § 17.03.040(B)(1) of the Planned Development Procedures). This space shall be allocated to:
1. 
Internal vehicle circulation for the community, laid out to provide connectivity and continuity through the community and organize the project into blocks and lots so that all home sites and lots are served by streets. Private roadways shall be designed and located according to the standards of GMC § 17.04.010.
2. 
Open and Civic Space meeting one of the design types specified in GMC § 17.04.020, at a rate of at least 200 square feet per dwelling or 15 percent of the community, whichever is greater. All open and civic spaces shall be designed and located in a manner that ensures adequate accessibility for all units in the community.
3. 
Other internal circulation or open space such as walkways, landscape buffers or other site design amenities that improves the quality of the community and its relationship to surrounding areas. Pedestrian connections shall be accounted for on all streets or at greater intervals through a trail or path system.
4. 
A storm shelter shall be provided which may be included with recreation facilities, laundry facilities or other similar common community amenities.
E. 
Building Design.
1. 
All dwellings shall have a front entry feature, such as a porch, stoop, or outside patio relating the home site to the lot frontage or other common open space upon which the dwelling is located.
2. 
Parking spaces on a home site shall be located to the side or rear of the dwelling.
3. 
Any mobile home dwellings shall:
a. 
Be secured to the ground by tie downs and ground anchors in accordance with the Mobile Home and Recreational Vehicle Code, K.S.A. 75-1211 to 75-1234.
b. 
Be skirted within 30 days after placement in the community by enclosing the open area under the unit with a material that is compatible with the exterior finish of the mobile home and consistent with the quality of development in the community.
c. 
Be blocked at a maximum of 10-foot centers around the perimeter, and this blocking shall provide 16 inches bearing upon the stand.
d. 
Be located on a hard surface pad, a minimum of 18-inch concrete ribbons or slabs capable of carrying the weight and of sufficient length to support all blocking points, with a proper surface between to control weeds.
F. 
Utilities and Services.
1. 
All communities shall be connected to a public water supply, and each home site shall have individual water service connections according to the City plumbing code and City specifications.
2. 
All communities shall be connected to the public sewer system. Individual sewer connections shall be provided for each home site and installed in accordance with the City plumbing code and City specifications.
3. 
LP gas shall not be permitted as a source of utility for a dwelling. Only public natural gas and electricity are permitted sources of heat and hot water within the community. Containers for ancillary uses such as outdoor grills are permitted as long as they are used and stored as per the manufacturer's requirements and the International Fuel Gas Code.
4. 
Storage, collection and disposal of refuse shall be designed, located and provided in a manner that creates no health hazards, no odor or unsanitary conditions, minimal visibility to both the home sites and any surrounding property, and is properly managed and maintained in this condition.
5. 
Electric, telephone and cable television service lines shall be installed underground and shall be in accordance with City codes and utility company specifications.
G. 
Landscape, Parking Design, and Signs. The standards of Chapters 17.08, 17.09 and 17.10 GMC are generally applicable to the RM-P district, except as modified through a development plan based on the criteria in GMC § 17.03.040.
H. 
Subdivisions. Each home site may be individually platted if:
1. 
All lots shall have public utility access as provided in Chapter 17.04 GMC, including public easements for access to each home site;
2. 
All dwellings are on a permanent foundation; and
3. 
There are covenants and restrictions and associations assuring that these provisions for the development standards, common areas, building design and utilities and services, as demonstrated on an approved plan, will be maintained through a management entity or common association.
(Ord. 2518 § 2 (LDC § 6.02))

§ 17.06.030 INDUSTRIAL AIRPORT OVERLAY DISTRICT.

A. 
Intent and Applicability. The Industrial Airport Overlay District is intended to ensure that the height of buildings, structures or trees, the location of certain land uses, and other development issues near the Johnson County Industrial Airport do not present a hazard to people or property, or interfere with the safe operation of the Airport. The overlay district is applicable to all property within one mile of airport property. Any such property shall be subject to additional review and recommendations by the Johnson County Airport Commission according to K.S.A. 3-307a-d. The recommendations of the Johnson County Airport Commission shall be considered prior to any rezoning, planned development, or conditional use permit. Any standards that may be adopted for this area, as provided in K.S.A. 3-701 to 3-713, are supplemental to the standards of this Code.
B. 
Specific Procedures. Any notice for applications for rezoning, planned development or conditional use permits in the Industrial Airport Overlay District shall be sent to the Johnson County Airport Commission, which may comment on the application based on any plans, policies or guidance with respect to operation and maintenance of the airport, and the Johnson County Airport Commission may indicate any other applicable regulations which are to be adopted and administered as provided by the Kansas Statutes.
(Ord. 2518 § 2 (LDC § 6.03))

§ 17.06.040 AC-P – ACTIVITY CENTER PLANNED DISTRICT.

A. 
Intent and Applicability. The AC-P District is intended to encourage the creation of a balanced mix of regional- and community-serving uses and amenities near major highway interchanges and connecting arterial streets, and along proximate collector roadways, and to provide incentives for developments that meet the intent of this district. Specifically, development plans in this planned district should accomplish one or more of the following:
1. 
Create broader community benefits through the better integration of regional- and community-serving uses along and near key commercial corridors.
2. 
Ensure the provision of infrastructure to support multi-modal transportation services along and through key commercial corridors.
3. 
Ensure improved public realm designs are implemented along key commercial corridors, including streetscapes, open space, civic spaces and the relationship of buildings and sites to those spaces.
4. 
Ensure compatibility between uses through building placement, building design, and landscape solutions and arranging uses to provide transitions from lower to higher intensity.
B. 
Permitted Uses. The uses for this district shall be based on the typically applicable base zoning districts associated with the Comprehensive Plan Future Land Use Category for the site, as shown in Table 5-1: Comprehensive Plan and Zoning Districts, and as specified in Table 5-2: Use Table, with the following exception:
1. 
A development plan for land located within one-half mile of the I-35 interchange right-of-way that includes frontage on arterial and collector streets shall include at least one use that is consistent with Community Mixed Use or Community Commercial Future Land Uses of the Comprehensive Plan, as permitted in one or more of the typically applicable zoning districts, as a primary or secondary component to other permitted uses.
2. 
Such uses shall be located in a visibly prominent location as viewed from I-35 and the applicable frontage streets, providing a transition to more intense uses.
3. 
If such uses are reserved for future development, deed restrictions shall be implemented to ensure future compliance.
C. 
Development Standards. The development standards for this district shall be based on the typically applicable base zoning districts associated with the Comprehensive Plan Future Land Use Category for the site, as shown in Table 5-1: Comprehensive Plan and Zoning Districts, except as specifically modified and noted on a development plan accompanying a planned zoning proposal. Departures from standards may be approved provided they support the stated intent for this district and the applicable provisions of the Comprehensive Plan. Departures from standards may specifically propose standards that differ from this Code for:
1. 
Blocks and Lots, subject to the following:
a. 
Larger developments shall utilize internal circulation patterns that are well-connected with adjacent parcels and roadways where appropriate.
2. 
Open and Civic Space Types, subject to the following:
a. 
Enhanced civic spaces are encouraged along arterial and collector street frontages.
b. 
Existing streams and floodplains shall be incorporated into natural areas.
3. 
Building Type and Development Standards, subject to the following:
a. 
Enhanced design shall be required for buildings that front arterial and collector streets and/or those that are adjacent to less intense uses.
b. 
Buildings shall be designed with appropriate setbacks or height transitions so that adjacent less intense uses are not overwhelmed in terms of building mass and scale.
4. 
Frontage Type Standards, subject to the following:
a. 
Enhanced landscape design shall be required for buildings that front arterial and collector streets.
5. 
Site Design and Landscape, subject to the following:
a. 
Enhanced landscape design shall be required adjacent to less intense uses.
D. 
Amenities.
1. 
The development plan shall include pedestrian and nonmotorized infrastructure as indicated in Chapter 17.04 GMC, and GMC § 17.09.020, Block and Lot Access, and shall also provide connections to existing or planned trail networks.
2. 
The development plan shall include alternative transportation infrastructure encouraging public transit use if located along an existing or future planned public transportation route. Such infrastructure may include sheltered/shaded bus stops with seating, solar cell phone charging stations, potable water, drinking fountains, etc.
3. 
The provision of public art, wayfinding signs, historic interpretive signs, creative landscape amenities or similar improvements in prominent locations are encouraged.
E. 
Rezoning. Approval of a development plan for this planned district shall be considered a rezoning of the property and be subject to the procedures and criteria in GMC § 17.03.040.
F. 
Incentives. Development that is consistent with the intent and standards of this planned district shall be eligible for development incentives as authorized by the Governing Body.
(Ord. 2587 § 1)