Junction City, KS Zoning Ordinance

Section 435.010 Purpose.

[Zoning § 10-101; Ord. No. G-637, 4-22-1986]

The application of flexible land use controls to the development of land is often difficult or impossible with traditional zoning district regulations. In order to permit the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, the City Governing Body is authorized to establish planned development districts in which the zoning regulations are in harmony with the general purpose and intent of this Chapter and with the comprehensive plan of the City, but in which such regulations differ in one or more respects from the zoning regulations that are applicable in any of the districts that are established by these Regulations.

Section 435.020 General Provisions.

[Zoning § 10-102; Ord. No. G-637, 4-22-1986]

The City Governing Body may by ordinance approve the establishment of a planned development district on any parcel or tract of land which is suitable for and of sufficient size to be planned and developed or redeveloped as a unit and in a manner consistent with the intent and purpose of these Regulations and with the comprehensive plan.

A planned development district may be established for a residential planned development or for a general planned development. A development shall be deemed to be a "residential planned development" when it is limited to dwelling units in detached, semi-detached, attached or multi-storied structures, or any combination thereof; and non-residential uses of a religious, cultural, recreational and business character that are primarily designed and intended to serve the residents of the residential planned development. A development shall be deemed to be a "general planned development" when it contains business and/or industrial structures and uses exclusively, or when it blends residential structures or dwelling units in a unified plan with business and/or industrial structures and uses.

Business and industrial structures and uses in planned development districts shall comply with the limitation of use standards for any commercial or industrial district in which any contemplated use is first permitted in these Regulations and with the off-street parking and loading requirements contained in Chapter 420 of this Title.

Section 435.030 Standards And Criteria For Planned Developments.

[Zoning § 10-103; Ord. No. G-637, 4-22-1986]

Standards For All Planned Developments. A development plan that is not inconsistent with the Standards set out in this Section or with such general policies or specific rules and regulations for planned development districts as may be adopted from time to time by the City Governing Body or the Planning Commission and placed on public record in the office of the Zoning Administrator shall prima facie be deemed to have qualified for preliminary approval. No such policies, rules or regulations shall be revised or added to so as to be applicable to a specific proposal for a planned development after an application for preliminary approval of a specific development plan has been filed. A development plan shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design and location of buildings, the density or intensity of use, the common open space, the public facilities and the development by geographic division of the site:

The planned development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.

The planned development will not substantially injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the land use plan.

The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the residents or occupants of the proposed development. Traffic control signals will be provided without expense to the City when the City Governing Body determines that such signals are required to prevent traffic hazards or congestion in adjacent streets.

The development will not impose an undue burden on public services and facilities, such as fire and police protection.

The entire tract or parcel of land to be occupied by the planned development shall be held in a single ownership, or if there are two or more owners, the application for such planned development shall be filed jointly by all such owners.

The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, non-residential uses and structures, and public facilities as are necessary for the welfare of the planned development and are not inconsistent with the best interests of the area. Such covenants, easements and other provisions, if part of the development plan as finally approved, may be modified, removed or released only with the consent of the City Governing Body after a public hearing before, and recommendations by, the Planning Commission as provided in Section 435.040B1 of this Chapter. All such covenants shall specifically provide for enforcement by the City in addition to the landowners within the development.

The Planning Commission may designate divisible geographic sections of the entire parcel to be developed as a unit, and shall, in such case, specify reasonable periods within which development of each such unit must be commenced. In the case of residential planned developments and general planned developments which contain residential buildings, the Planning Commission may permit in each unit deviations from the number of units per acre established for the entire planned development, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned development is not affected. The period of time established for the completion of the entire development and the commencement date for each section thereof may be modified from time to time by the Planning Commission upon the showing of good cause by the Developer, provided that in no case shall any extension of time exceed 12 months. The developer shall provide and record easements, covenants, shall make such other arrangements, and shall furnish such performance bond, escrow deposit, or other financial guarantees as may be determined by the Planning Commission to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned development not used for structures, parking and loading areas, or access ways, shall be landscaped or otherwise improved.

When business or manufacturing structures or uses in a planned development district abut a residential district or residential buildings in the same development, screening shall be provided. In no event shall a business or manufacturing structure in a planned development district be located nearer than 100 feet to a residential building.

10.

Notwithstanding any of the other provisions of this Chapter, when a shopping center is developed as a planned development district, such shopping center shall have five off-street parking spaces for each 1,000 square feet of floor area in the structures located in the planned shopping center development. Such off-street parking facilities shall comply with the provisions of Chapter 420 of this Title.

11.

The specifications for the width and surfacing of streets and highways, alleys, ways for public utilities, for curbs, gutters, sidewalks, street lights, public parks and playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment established in (Subdivision Regulations) Chapter 455 of the City as amended from time to time, may, within the limits hereinafter specified, be waived or modified by the Planning Commission where the Commission finds that such specifications are not required in the interests of the residents or occupants of the planned development and that the waiver or modification of such specifications would not be inconsistent with the interest of the entire City Planning Area. The City should set out:

Any customary public service specifications and platting design controls which it will not modify or waive under any circumstances; and

In cases where it is willing to modify any specifications, the limits of such modifications. An example of the former might relate to sewer and water standards. Examples of the latter might be a total waiver of a requirement for sidewalks or a specified reduction in street widths.

12.

Any modifications of the zoning or other regulations that would otherwise be applicable to the site are warranted by the design to the development plan, and the amenities incorporated in it, and are not inconsistent with the interest of the public generally.

Standards For Residential Planned Developments And General Planned Developments Containing Residential Buildings.

Any development plan that does not propose to increase the number of dwelling units per acre that would otherwise be permitted on the property under the zoning regulations otherwise applicable thereto shall be prima facie qualified for preliminary approval insofar as residential density is concerned. A development plan may provide for a greater number of dwelling units per acre than would be permitted by the zoning regulations otherwise applicable to the site, but if the number of dwelling units per acre exceeds by more than 10% that permitted by the zoning regulations otherwise applicable to the site, the developer has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The Planning Commission in determining the reasonableness of a proposed increase in the number of dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by:

The amount, location and proposed use of common open space, and

The location, design and type of dwelling units.

The Planning Commission shall, in its determination, also consider that the physical characteristics of the site may make increased densities appropriate in the particular location.

When common open space is provided in a development plan, the amount and location of such common open space shall be consistent with the declared function of the common open space as set forth in the application for a planned development district. The development plan shall include such provision for the ownership and maintenance of the common open space as are reasonably necessary to ensure its continuity, care, conservation and maintenance, and to ensure that remedial measures will be available to the City if the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interest of the planned development or of the entire City Planning Area.

When a planned development includes common open space, such common open space shall never be used for the construction of any structure nor shall such open space ever be computed as a part of the required minimum lot area, or any required yard, of any other structure. Adequate safeguards, including recorded covenants, shall be provided to prevent the subsequent development of, and the future construction of structures on, such open space.

The total ground area occupied by buildings and structures shall not exceed 35% of the total ground area of the planned development unless previous development in the neighborhood has a greater lot coverage, in which case the development plan may increase the lot coverage of buildings and structures to correspond with the bulk of the other structures in the neighborhood.

Non-residential uses of a religious, educational or recreational nature shall be designed or intended primarily for the use of the residents of the planned development.

Non-residential uses of a business character shall be designed or intended to serve principally the residents of the planned development. No structure designed or intended to be used, in part or in whole, for business purposes shall be constructed prior to the construction of not less than 30% of the dwelling units proposed in the development plan.

Planned developments shall have yard setbacks which reflect the following considerations:

The character and intensity of adjacent development.

The size of yard setbacks provided by adjacent development.

The height and character of proposed structures within the planned development and the nature and intensity of their proposed use.

The desired character and density of the surrounding neighborhood.

Section 435.040 Procedure For Securing Approval Of A Planned Development And The Establishment Of A Planned Development District.

[Zoning § 10-104; Ord. No. G-637, 4-22-1986; Ord. No. G-1028, 8-21-2007]

Preliminary Development Plan.

A developer seeking the establishment of a planned development district shall prepare and submit to the Planning Commission a preliminary development plan for such planned development district.

The preliminary development plan shall contain the following documents and information:

A survey of the tract that is to be developed showing existing features of the property including streets, alleys, easements, utility lines, existing land use, general topography and physical features.

A site plan showing the location and arrangement of all existing and proposed structures, the proposed traffic circulation pattern within the development, the areas to be developed for parking, the points of ingress and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, and proposed public or common open space, if any, including parks, playgrounds, school sites, and recreational facilities.

A preliminary plat of subdivision for which concurrent approval has been applied for pursuant to the applicable ordinance rules and regulations relating to subdivision approval. (See Chapter 455).

A statement of the anticipated residential density (when applicable), the proposed total gross floor area, and the percentage of the development which is to be occupied by structures.

Preliminary sketches of the proposed structures and landscaping; except that this requirement shall not apply to detached, single-family residences.

When a planned development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted. No such stage or unit shall have a residential density that exceeds by more than 20% the proposed residential density of the entire planned development. The above requirement may be waived upon sufficient assurances that the residential density will not be exceeded for the entire development upon completion of the planned development district.

When a planned development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire planned development as the stages or units completed or under development bear to the entire planned development.

Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development.

When it deems it to be necessary, the Planning Commission may require a traffic survey setting out and analyzing the effect that the planned development will have upon traffic in the streets and thoroughfares adjacent to and in the vicinity of the proposed development. A traffic study shall be completed when planned development has more than 50 units.

A statement showing the relationship of the planned development to the comprehensive plan and future land use map for the City.

In the case of general planned developments, a statement identifying the principal types of business and/or industrial uses that are to be included in the proposed development.

When a planned development includes provisions for common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted.

Copies of any restrictive covenants that are to be recorded with respect to property included in the planned development district.

Preliminary engineering grading plans shall be required.

When it deems it to be necessary, the Planning Commission may require such other technical studies as may be necessary to enable the Planning Commission or Governing Body to evaluate the application. Examples of such technical studies that may be required shall include, but not be limited to, drainage studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments and noise studies. The persons or firms preparing the studies shall be subject to the approval of the Planning Commission. The cost of all such studies shall be borne by the applicant.

Action On Preliminary Development Plan.

Hearing, Findings And Recommendation Of Planning Commission. The Planning Commission shall, within 60 days after a preliminary development plan is filed with it, hold a public hearing on the preliminary development plan after giving the notice required by Section 445.060 of this Title for hearings on amendments. Such public hearing shall consider all aspects of the preliminary development plan including all proposed stages and/or units of development. Within 30 days after the last public hearing on such plan, the Planning Commission shall prepare and transmit to the City Governing Body and to the developer specific findings of fact with respect to the extent to which the preliminary development plan complies with the standards set out in Section 435.030 of this Chapter, together with its recommendations to the City Governing Body with respect to the action to be taken on the preliminary development plan. The Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions. Copies of the findings and recommendations of the Planning Commission shall be made available to any other interested persons.

Action By The City Governing Body. The City Governing Body shall approve or disapprove the preliminary development plan after it receives the findings and recommendations of the Planning Commission thereon. If the preliminary development plan is disapproved, the developer shall be furnished with a written statement of the reasons for disapproval. If the preliminary development plan is to be approved, the City Governing Body shall, after receiving from the developer any acceptance required by Section 435.040B3, adopt an ordinance approving the preliminary development plan, and establishing a planned development district for the parcel or tract of land included in the preliminary development plan.

Restrictions And Conditions. The City Governing Body may alter the preliminary development plan, and impose such restrictions and conditions on the planned development as it may deem necessary to insure that the development will be in harmony with the general purpose and intent of these Regulations and with the comprehensive plan of the City. When the City Governing Body alters the preliminary development plan, or imposes any restrictions or conditions on such plan, the developer shall have 15 days within which to file an acceptance of such alterations, restrictions or conditions with the City Governing Body. When an acceptance is required by this Section, no ordinance approving a preliminary development plan and establishing a planned development district shall be adopted until such acceptance has been filed with the Planning Commission.

Form Of Ordinance. An ordinance approving a planned development and establishing a planned development district shall specify the zoning regulations and restrictions that will, pursuant to the development plan, apply in the planned development district and shall describe the boundaries of such district or set such boundaries out on a map that is incorporated and published as a part of such ordinance. Such ordinance shall also specify the conditions and restrictions that have been imposed by the City Governing Body on the planned development, and the extent to which the otherwise applicable district regulations have been varied or modified. When the Planning Commission has designated divisible geographic sections of the development that may be developed as a unit, the ordinance shall authorize the Planning Commission to modify the schedule of development to the extent set out in Section 435.030A7.

Section 435.050 Status Of Preliminary Development Plan After Approval.

[Zoning § 10-105; Ord. No. G-637, 4-22-1986]

Within seven days after the adoption of an ordinance approving a preliminary development plan and establishing a planned development district, such ordinance shall be certified by the Clerk of the City and shall be filed in the office of the Zoning Administrator. A certified copy shall be mailed to the developer. When approval of a preliminary plan has been granted, the same shall be noted on the zoning map maintained in the office of the Zoning Administrator.

Preliminary approval of a development plan shall not qualify a plan of the planned development for recording. A development plan which has been given preliminary approval as submitted or which has been given preliminary approval with alterations, conditions and restrictions, which have been accepted by the developer (and provided that the developer has not defaulted nor violated any of the conditions of the preliminary approval), shall not be modified or revoked nor otherwise impaired by action of the City pending an application or applications for approval of a final development plan, without the consent of the developer, provided an application for final approval is filed, or in the case of staged developments, provided applications are filed, within the time or times specified in the ordinance granting approval of the preliminary plan. If no time is specified in such ordinance, then an application for approval of a final development plan, or all stages thereof, shall be filed within three years.

In the event that a development plan is given preliminary approval and thereafter, but prior to approval of a final development plan, the developer shall:

Choose to abandon said plan and shall so notify the Planning Commission in writing; or

Shall fail to file an application, or applications, for approval of a final plan within the required time period, then the preliminary plan shall be deemed to be revoked. When a preliminary plan is revoked, all that portion of the preliminary plan for which final approval has not been given shall be subject to those provisions of the zoning regulations and other local ordinances, that were applicable thereto immediately prior to the approval of the preliminary plan, as they may be amended from time to time. The City Governing Body shall forthwith adopt an ordinance repealing the planned development district for that portion of the development that has not received final approval and re-establishing the zoning and other regulatory provisions that would otherwise be applicable. When a preliminary development plan is revoked, such revocation shall be noted on the zoning map in the office of the Zoning Administrator and in the records of the Clerk of the City.

Section 435.060 Application For Approval Of Final Development Plan.

[Zoning § 10-106; Ord. No. G-637, 4-22-1986; Ord. No. G-1028, 8-21-2007]

An application for approval of a final development plan may be filed for all the land included in a planned development or for a stage or unit thereof. Such application shall be filed by the developer with the Planning Commission within the time specified in Section 435.050B of this Chapter and shall be in substantial compliance with the preliminary development plan as approved. The application shall include:

A detailed site plan showing the physical layout and design of all streets, easements, rights-of-way, lots, blocks, common open space, structures and uses, and final grading.

Preliminary building plans, including floor plans and exterior elevations; except that this requirement shall not apply to detached, single-family residences.

Landscaping plans.

Copies of any easements and restrictive covenants and proof of recording of the same.

Proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any common open space.

Evidence that no lots, parcels or tracts or dwelling units in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such planned development.

Such bonds and other documents that may have been required pursuant to Section 435.030A7 and 435.040B3 and 4.

Any traffic study and any other technical study shall be included with the application, if required in connection with the approval of the preliminary development plan.

When it deems it to be necessary, the Planning Commission may, in addition to technical studies required in connection with the approval of the preliminary development plan, require such other technical studies as may be necessary to enable the Planning Commission or Governing Body to evaluate the application for approval of the final development plan. Examples of such technical studies that may be required shall include, but not be limited to, traffic studies, drainage studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments and noise studies. The persons or firms preparing the studies shall be subject to the approval of the Planning Commission. The cost of all such studies shall be borne by the applicant.

In accordance with the schedule proposed in the application for approval of the preliminary plan, the developer may elect to file an application for final approval of only a geographic unit or units of the land included in the plan and may delay, within the time limits authorized by the ordinance, application for final approval of other units. A public hearing by the Planning Commission on an application for approval of the final development plan, or a unit thereof, shall not be required provided the final plan, or the unit thereof submitted for final approval, is in substantial compliance with the preliminary development plan theretofore given approval.

A development plan submitted for final approval shall be deemed to be in substantial compliance with the preliminary plan, as approved, provided any modification by the developer on the preliminary plan, as approved, does not:

Vary the proposed gross residential density or intensity of use by more than 5%; or

Involve a reduction of the area set aside for common open space; nor

Increase by more than 5% the floor area proposed for non-residential use; nor

Increase by more than 5% the total ground area covered by buildings.

A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewerage.

Although a public hearing shall not be held on an application for approval of a final development plan when said plan as submitted for final approval is in substantial compliance with the preliminary plan, as approved, the burden shall nevertheless be upon the developer to show the Planning Commission good cause for any variation between the preliminary plan, as approved, and the final plan as submitted. In the event a public hearing is not required for final approval, and the application for final approval has been filed, together with all drawings, specifications and other documents required in support thereof, the Planning Commission shall, within 30 days of such filing, grant such plan final approval; provided however, that, in the event the final plan as submitted contains variations from the preliminary plan, as approved, but remains in substantial compliance with the preliminary plan, as approved, the Planning Commission may, after a meeting with the developer, refuse to approve the final plan and shall, within 45 days from the filing of the application for final approval, so advise the developer in writing of such refusal, setting out the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the developer may refile his/her application for final approval without the variations objected to by the Planning Commission at any time within which he/she shall be entitled to apply for final approval. If the time for applying for final approval shall have expired at the time when the Planning Commission advised the developer that the variations were not in the public interest, then the developer shall have 60 additional days within which to refile his/her application for final approval without the said variation. If the developer shall fail to refile within said period, he/she shall be deemed to have refused to accept such requirements and final approval shall be deemed to have been denied.

In the event the final development plan, as submitted for approval, is not in substantial compliance with the preliminary plan, as approved, the Planning Commission shall, within 30 days of the date the application for approval of the final plan is filed, so notify the developer in writing, setting out the particular ways in which the final plan is not in substantial compliance with the preliminary plan, as approved. The developer may make such changes in the final plan as are necessary to bring it into compliance with the preliminary plan, or he/she may file a written request with the Planning Commission that it hold a public hearing on his/her application for final approval. The developer may take either such alternate action at any time within which he/she would be entitled to apply for final approval, or within 60 additional days if the time for applying for final approval shall have expired at the time when the Planning Commission advised the developer that the final plan was not in substantial compliance. In the event the developer shall fail to take either of these alternate actions within said time, he/she shall be deemed to have abandoned the plan. Such public hearing shall be held, notice thereof shall be given, and the hearing shall be conducted in the manner prescribed in Sections 445.010, 445.020 and 445.030 of this Title. Within 30 days after the conclusion of the public hearing, the Planning Commission shall by resolution either grant or deny approval of the final plan. The grant or denial of approval of the final plan shall, in cases arising under this Subsection D, be in the form and contain the findings required for a recommendation on an application for approval of a preliminary development plan set out in Section 435.040A of this Chapter.

A final development plan, or any unit thereof, that has been approved by the Planning Commission shall be so certified without delay by the Clerk of the City and shall be filed on record in the office of the Zoning Administrator before any development shall take place in accordance therewith. In the event the Planning Commission fails to act, either by grant or by denial of final approval within the time prescribed, the final plan shall be deemed to be approved. Pending completion within a reasonable time of said planned development, or of any unit thereof, that has been finally approved, no modification of the provisions of said plan, or unit thereof, as finally approved, shall be made except with the consent of the developer.

In the event that a final development plan, or unit thereof, is approved and thereafter the developer shall:

Abandon part or all of said development plan and shall so notify the Planning Commission in writing; or

Shall fail to complete the planned development, or unit thereof, within a reasonable period of time after final approval has been granted,

then no development or further development shall take place on the property included in the development plan until after said property has been reclassified by enactment of an amendment to this Chapter in the manner prescribed for such amendments in Chapter 445 of this Title.

Section 435.070 Amendments.

[Zoning § 10-107; Ord. No. G-637, 4-22-1986]

A planned development district ordinance or an approved preliminary or final development plan may be amended by the City Governing Body, but only after a public hearing has been held pursuant to notice by Section 445.020 of this Title and findings of fact and recommendations have been prepared by the Planning Commission and transmitted to the City Governing Body in the manner required by Section 435.040B1 hereof.

Junction City City Zoning Code