Overland Park City Zoning Code

1. A.
   New development must be supported by adequate public facilities.
2. B.
   Thoroughfares are an essential component of the City street network and are necessary to accommodate the continuing growth and development of the City.
3. C.
   It is necessary and desirable to obtain rights-of-way and temporary construction easements for abutting thoroughfares to support new development at the earliest stage of the development process; hence it is in the best interest of the City to require dedication of rights-of-way and temporary construction easements at such time.
4. D.
   There is an essential nexus between the traffic impacts created by a new development and the requirement to dedicate rights-of-way and temporary construction easements to allow the improvement of abutting Thoroughfares.
5. E.
   The City desires to assure both that development impacts are mitigated through contributions of Thoroughfare rights-of-way and temporary construction easements and that a development project contribute not more than its fair share of Thoroughfare costs.
6. F.
   It is the City's intent to institute a procedure to assure that mandatory dedications of Thoroughfare rights-of-way are roughly proportional to the traffic demands created by a new development.
7. G.
   The City may promulgate administrative guidelines that supplement the standards and procedures set forth in this Chapter.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §1, 97)

Effective on: 1/1/1901

For the sole purposes of this Chapter, the following definitions shall apply:

1. A.
   A developer shall dedicate rights-of-way and temporary construction easements for abutting Thoroughfares at the time of the first Development Approval for which application is made after the effective date of this Chapter in accordance with the provisions set forth herein; provided, however, that an applicant for plat approval need not dedicate required rights-of-way and temporary construction easements until the time of final plat approval. No Development Approval shall be given unless necessary rights-of-way and temporary construction easements have been dedicated or deferred in accordance with this Chapter.
2. B.
   Where a series of Development Approvals are required for a development project, the developer may petition the City to defer the obligation to dedicate one or more Thoroughfare rights-of-way and temporary construction easements at the time of granting of a subsequent Development Approval. As a condition of deferring the obligation to dedicate Thoroughfare rights-of-way and temporary construction easements, which deferral shall be in the sole discretion of the City, the City shall require the developer to execute an agreement specifying the amount and timing of the right-of-way and temporary construction easement dedication.
3. C.
   In the case of an Integrated Development Project, the developer may petition the City to defer the obligation to dedicate one or more Thoroughfare rights-of-way and temporary construction easements at the time of the granting of a Development Approval for a subsequent phase. As a condition of deferring the obligation to dedicate Thoroughfare rights-of-way and temporary construction easements, which deferral shall be in the sole discretion of the City, the City shall require the developer to execute an agreement specifying the amount and timing of the right-of-way and temporary construction easement dedication.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §3, 97)

Effective on: 1/1/1901

1. A.
   Every application for a Development Approval shall include identification of Thoroughfare rights-of-way abutting the proposed project. The City staff shall process and evaluate the Development Approval Application and shall make a determination of right-of-way and temporary construction easement dedication requirements in accordance with this Section.
2. B.
   The City staff shall first determine the cost impacts on affected Thoroughfares created by the proposed development, using the following method:

   1. 1.
      Step 1: Traffic demand first shall be determined by estimating the number of average weekday vehicle trip ends generated by the type of land use proposed for the development, divided by a factor of two (2), using Table 18.400.040A, below:

In the event that the proposed land use is not listed in Table 18.400.040A, above, the City staff shall determine the number of vehicle trip ends based on the information contained in the latest edition of Trip Generation, An Information Report or other comparable sources.

2.   
   2. 2.
      Step 2: Traffic demand for the proposed development shall be converted to the total number of Thoroughfare trip-miles attributable to the project by multiplying the total vehicle trip ends calculated in Step 1 by the average trip length on the City's Thoroughfare system by proposed land use type and the traffic zone of the proposed development, using Table 18.400.040B, below:

1.   
   3. 3.
      Step 3: Total costs of the Thoroughfare trip miles of demand attributable to the project shall be determined by multiplying the total number of Thoroughfare trip-miles calculated in Step 2 by the average cost of constructing a trip mile by location of the project calculated by dividing the average cost of constructing a mile of standard Thoroughfare by the weighted average projected traffic volumes on Thoroughfares for each zone. Table 18.400.040C, below, lists the projected traffic volumes for each zone and the calculated cost per trip-mile:

1.   
   4. 4.
      Step 4: The net total costs of the Thoroughfare trip miles of demand attributable to the project shall be determined by reducing the total costs of the Thoroughfare trip-miles of demand calculated in Step 3 by the amount of the excise tax due for the development project, calculated in accordance with Ordinance No. EX-1880, as amended, Ordinance No. EX-1885, as amended, and Ordinance No. REB-1882, as amended.

3. C.
   The City staff next shall determine the costs of Thoroughfare rights-of-way abutting the development, using the following method:

   1. 1.
      Step 1: Additional right-of-way needed for all abutting Thoroughfares shall be identified in accordance with the process set out in Section 18.130.050. Rights-of-way for abutting Thoroughfares shall be quantified in square feet.
   2. 2.
      Step 2: The costs of abutting Thoroughfare rights-of-way shall be calculated by multiplying the total square footage determined in Step 1 by estimated costs per square foot of land, based upon the most recent appraised values of the property as determined by the Johnson County Appraiser's Office.
4. D.
   The cost of the proposed rights-of-way to be dedicated to the City shall be compared to the net cost of Thoroughfare trip miles attributable to the development, and the proportionality of the dedication to the costs impacts on affected Thoroughfares shall be determined accordingly. The City staff shall set forth such determination in writing and forward it to the decision-makers for the Development Approval, for one of the following actions:

   1. 1.
      If the net cost of the Thoroughfare trip miles attributable to the development is equal to or greater than the cost of the proposed rights-of-way to be dedicated to the City, all of the abutting Thoroughfare rights-of-way shall be dedicated to the City at no cost. In such event, the granting of the Development Approval shall be conditioned on dedication of such rights-of-way.
   2. 2.
      If the net cost of Thoroughfare trip miles attributable to the development is zero or less, no dedication of abutting Thoroughfare rights-of-way or temporary construction easements shall be required.
   3. 3.
      If the net cost of Thoroughfare trip miles attributable to the development is more than zero but less than the cost of abutting Thoroughfare rights-of-way to be dedicated, the developer shall be required to dedicate a portion of the abutting Thoroughfare rights-of-way, not to exceed an area equal to the net cost of Thoroughfare trip miles attributable to the development divided by the per-square-foot value of the rights-of-way. The nature and boundary of the exactions shall be determined by the City staff. With the consent of the applicant, the City staff may elect the option of purchasing all of the rights-of-way, discounted by the net cost of Thoroughfare trip miles attributable to the development. The granting of the Development Approval shall be conditioned on such partial dedication of rights-of-way, or purchase of the entire rights-of-way.
5. E.
   In the case of an Integrated Development Project, determination of the proportionality of proposed dedication of abutting Thoroughfare rights-of-way shall be made in accordance with the procedure described in subsections A. through D., above, utilizing all Thoroughfare trip miles generated by or to be generated by the Integrated Development Project, all excise taxes paid or to be paid for the project, the costs of any prior dedication of Thoroughfare rights-of-way, and all thoroughfare rights-of-way abutting any phase of the project in the formulas established herein. The City may condition the granting of the Development Approval under consideration on dedication of all abutting Thoroughfare rights-of-way that may be exacted, using the methodology in this Section.
6. F.
   In the case of a Redevelopment Project, the determination of the proportionality of proposed dedication of abutting Thoroughfare rights-of-way shall be made in accordance with the procedure described in subsections A. through D., above, utilizing all trip miles to be generated by the Redevelopment Project, but reducing net cost of Thoroughfare trip miles by the amount of excise taxes previously paid or the costs of Thoroughfare rights-of-way previously dedicated.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §4, 97)

Effective on: 1/1/1901

If right-of-way and temporary construction easement dedication is required, such dedication shall be made a condition of the granting of Development Approval pursuant to Section 18.140.400. The timing of that dedication shall be determined by the City and may be established by a separate development agreement between the City and the applicant. In the case of a final plat, the plat shall indicate the dedication of the appropriate area as public right-of-way and shall be accompanied by a separate instrument dedicating the temporary construction easement. In the case of another type of Development Approval application, the area required for dedication can be either submitted as a deed of dedication and separate instrument dedicating the temporary construction easement prior to the application being placed on an agenda for final approval or shown on a final plat that is scheduled for final action on the same agenda as the final action on the application itself with a separate instrument dedicating the temporary construction easement. If a deed of dedication and separate instrument dedicating the temporary construction easement are submitted and final approval of the application is granted, the deed of dedication and temporary construction easement documents will be recorded by the City staff. If final approval of the application is denied, the deed of dedication and temporary construction easement document shall be returned to the applicant.

(History: Ord. ZRR-2932 §1, 2011; ZRR-2482 §1, 2004; ZRR-2015 §5, 97)

Effective on: 1/1/1901

1. A.
   Following calculation of the rights-of-way required and temporary construction easements to be dedicated, the City staff shall notify the applicant of their determination in writing no later than fifteen (15) business days following submission of the application for a Development Approval. Upon receipt of the City staff's determination of the rights-of-way and temporary construction easements required to be dedicated and prior to consideration of the application, the applicant may appeal the dedication requirement to the Governing Body within fifteen (15) days of the date of mailing of the City staff's notification. The appeal will automatically result in the application being removed from the approval process until the appeal process is completed. In the case of a final plat, the applicant will be required to sign a waiver of its rights to the "deemed approved" process for plats.
2. B.
   As part of the appeal process, the appellant will be required to hire a consultant to conduct a study meeting City-established guidelines that independently determines all of the following factors with respect to the proposed project:

   1. 1.
      Total trips generated;
   2. 2.
      Average trip length;
   3. 3.
      Percent of typical trip on City Thoroughfares;
   4. 4.
      Average peak-hour trip volume on surrounding Thoroughfares; and
   5. 5.
      Appraised value of the land determined by the City staff to be required to be dedicated as rights-of-way and, if value is attributed by the appellant to any temporary construction easements, the appraised value thereof conducted by a real estate appraiser certified by the State of Kansas.
3. C.
   Subsequent to submission of the study to the City, the Governing Body will hear the appeal and determine if the amount of rights-of-way and temporary construction easements determined by the City staff to be required to be dedicated was roughly proportional to the impact of the proposed development on the Thoroughfare system or whether the dedication requirement should be adjusted. Any appeal of the decision of the Governing Body as to the dedication requirement shall be filed in accordance with Section 18.140.430.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §6, 97)

Effective on: 1/1/1901

Development Approval applications shall be exempt from any rights-of-way and temporary construction easements dedication requirements if any of the following circumstances apply:

1. A.
   The property which is the subject of the application does not abut a Thoroughfare, or, in the case of an Integrated Development Project, no part of the land subject to the Development Approval abuts a Thoroughfare.
2. B.
   The amount of existing right-of-way meets or exceeds the minimum standards established by the City and summarized in Table 18.460.110 for Thoroughfares and a temporary construction easement, meeting or exceeding the minimum setback requirements for the zoning district(s) along the property’s Thoroughfare frontage, already is in place.
3. C.
   The proposed development (or, in the case of an Integrated Development Project, the entire project) will not generate more than one hundred (100) additional daily vehicle trip ends and/or a five percent (5%) or greater increase in the total daily trip generation from the site.
4. D.
   If circumstances specific to the impacts of the proposed development, such as requirements for auxiliary lanes identified as part of a traffic impact study or other traffic analysis, show the need for additional rights-of-way and temporary construction easements, then the additional rights-of-way and temporary construction easements shall be dedicated to the City independent of the process described in this Chapter.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §7, 97)

Effective on: 1/1/1901

1. A.
   Development Approval means the approval of any rezoning, special use permit, revised preliminary plan, final development plan, preliminary plat, final plat or site plan.

Effective on: 1/1/1901

2. B.
   Integrated Development Project means a project to be developed or which has been partially developed in segments or phases.

Effective on: 1/1/1901

3. C.
   Redevelopment Project means development of property for which a use has previously been established pursuant to a Development Approval.

Effective on: 1/1/1901

4. D.
   Right-of-way means the land area required by the City to construct and maintain a thoroughfare; including any associated improvements such as street lights, traffic signals, sidewalks and bike-hike trails; and to provide areas for public utilities to place their equipment and transmission lines. Right-of-way does not include the land within the premises of a temporary construction easement.

Effective on: 1/1/1901

5. E.
   Temporary Construction Easement means the conveyance of an interest in land or the premises of such conveyance granting to the city permission to use the land area outside of the right-of-way that is required to construct a thoroughfare and ancillary facilities where such construction will occur for a limited length of time and after such time all rights to the land shall revert to the property owner. All temporary construction easements for thoroughfare construction shall be on a form supplied by the city and shall be fully executed by the property owner(s) prior to submission to the city. The depth of any temporary construction easement(s) needed for all abutting Thoroughfare frontages shall be equal to the building or parking setback, whichever is lesser, for the zoning district(s) in which the property is located.

Effective on: 1/1/1901

6. F.
   Thoroughfare means those streets designated as such on the Official Street Map.

(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §2, 97)

Effective on: 1/1/1901