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 board of commissioners is authorized by Kansas Statutes Annotated, sections 12-725 through 12-733, 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 (1) or more respects from the zoning regulations that are applicable in any of the districts that are established by this chapter.

(Code 1966, § 36-700)

(a)

The board of commissioners 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 planned unit development and in a manner consistent with the intent and purpose of this chapter and with the comprehensive plan.

(b)

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 nonresidential 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.

(c)

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 this chapter and with the off-street parking and loading requirements contained in article XI of this chapter.

(Code 1966, § 36-701)

(a)

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 board of commissioners or the planning commission and placed of [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:

(1)

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

(2)

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.

(3)

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, occupants, or users of the proposed development. Traffic-control signals will be provided without expense to the city when the board of commissioners determines that such signals are required to prevent traffic hazards or congestion in adjacent streets.

(4)

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

(5)

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 (2) or more owners, the application for such planned development shall be filed jointly by all such owners.

(6)

The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, nonresidential 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 board of commissioners after a public hearing before, and recommendations by, the planning commission as provided in subsection 42-404(b)(1). All such covenants shall specifically provide for enforcement by the city in addition to the landowners within the development.

(7)

The planning commission may designate divisible geographic areas of the entire parcel to be developed as a planned unit development and shall, in such case, specify reasonable periods within which development of each such area 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 area deviations from the number of dwelling 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 twelve (12) months. The developer shall provide and record easements and covenants or 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 the plan before completion.

(8)

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 accessways, shall be landscaped or otherwise improved, unless said open space would accomplish the intent of this section if left in its natural state.

(9)

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 one hundred (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 provide a parking space in off-street parking for each two hundred (200) 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 article XI of this chapter.

(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 drainage, water supply and distribution, sanitary sewers and sewage collection and treatment established in the subdivision regulations 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 interests of the city.

(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.

(b)

Standards for residential planned developments and general planned developments containing residential buildings.

(1)

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 ten (10) percent 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 acres, 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.

(2)

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 provisions 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 city.

(3)

When a planned development includes common open space, such common open space shall not be used for the construction of any structure which is inconsistent with its intended use, 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 and the future construction of structures on such open space. When a structure is permitted in said open space, its construction shall be allowed only after receiving specific approval from the planning commission.

(4)

The total ground area occupied by buildings and structures shall not exceed thirty-five (35) percent of the total ground area of the planned development.

(5)

Nonresidential uses of an educational or recreational nature shall be designed or intended primarily for the use of the residents of the planned development.

(6)

Other nonresidential uses may include and shall be limited to the following:

a.

Nonresidential uses of the extent such nonresidential uses are designed or intended to serve the residents of the planned development or adjacent neighborhood. Where residential uses are proposed in conjunction with nonresidential uses no structure designed or intended to be used in part or in whole, for business, commercial or industrial purposes shall be constructed prior to the construction of not less than thirty (30) percent of the total number of dwelling units proposed in the development plan. However, if in the opinion of the planning commission, said construction of dwelling units would be contrary to public interest or to the interest of the city as a whole, specific written findings of fact which support such conclusion shall be made and the percentage of required dwelling units may be reduced to the level deemed appropriate within the general purpose and intent of these regulations.

b.

Commercial or business uses having a major impact upon the city as a whole, or major sub-elements thereof, such as shopping centers, office complexes, major recreational and entertainment facilities, together with such other uses that are designed or intended to serve such activities and uses.

c.

Industrial parks, including other supporting uses necessary for and designed or intended to serve such activities or uses.

(7)

Planned developments in areas that are on the fringes of urban development or are in largely undeveloped areas shall maintain the following minimum yards:

a.

The distance at the closest point between any structure and the boundary of the planned development district shall be at least two (2) times the perpendicular distance from the lowest first floor window sill to the highest point on the roof of the structure.

b.

When two (2) or more structures are located in any proposed planned development, the distance at the closest point between any two (2) structures containing residential uses, or between a structure containing residential uses and any other structure, shall be equal to two (2) times the perpendicular distance from the lowest first floor window sill of any structure containing residential uses to the highest point in the roof of the other structure.

(Code 1966, § 36-702; Ord. No. 81-8887, § 1, 5-3-82)

(a)

Preliminary development plan:

(1)

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.

(2)

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

a.

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, physical features, and drainage;

b.

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, proposed public or common open space, if any, including parks, playgrounds, school sites, and recreational facilities, and proposed drainage;

c.

A preliminary plat of subdivision for which approval has been secured pursuant to the applicable ordinances, rules and regulations relating to subdivision approval or a copy of the existing recorded plat which is appropriate for the intended plan;

d.

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;

e.

Preliminary sketches of the proposed structures and landscaping;

f.

When a planned development is to be constructed in stages, a schedule for the development of such stages shall be submitted. No such stage shall have a residential density that exceeds by more than twenty (20) percent the proposed residential density of the entire planned development. 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 completed or under the development bear to the entire planned development;

g.

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;

h.

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;

i.

A statement showing the relationship of the planned development to the comprehensive plan and future land use plan for the city;

j.

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;

k.

When a planned development includes provisions for common open space, streets, utilities, drainage ways or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space, streets, utilities, drainage ways or recreational facilities.

l.

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

(b)

Action on preliminary development plan:

(1)

Hearing, findings and recommendation of planning commission. The planning commission shall, within forty-five (45) 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 article II of this chapter 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 ten (10) days after the last public hearing on such plan, the planning commission shall prepare and transmit to the board of commissioners 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 this section, together with its recommendations to the board of commissioners 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.

(2)

Action by the board of commissioners. The board of commissioners shall approve or disapprove the preliminary development plan within twenty-one (21) days 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 of the plan. If the preliminary development plan is to be approved, the board of commissioners shall, after receiving from the developer any acceptance required by subsection (b)(3) of this section, 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.

(3)

Restrictions and conditions. The board of commissioners 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 this chapter and with the comprehensive plan of the city. When the board of commissioners alters the preliminary development plan, or imposes any restrictions or conditions on such plan, the developer shall have fifteen (15) days within which to file an acceptance of such alterations, restrictions or conditions with the board of commissioners. 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.

(4)

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 board of commissioners 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 areas that may be developed as a planned development, the ordinance shall authorize the planning commission to modify the schedule of development to the extent set out in section 42-403(a)(7).

(Code 1966, § 36-703; Ord. No. 87-9204, § 1, 9-28-87)

(a)

Within seven (7) 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 city clerk 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.

(b)

Preliminary approval of a development plan shall not qualify said plan 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 or violated any of the conditions of the preliminary approval), shall not be modified or revoked or 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 (3) years.

(c)

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

(1)

Choose to abandon the plan, he shall so notify the planning commission in writing; or

(2)

Fail to file an application, or applications, for approval of a final plan within the required time period, the preliminary plan shall be deemed to be revoked.

(d)

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 board of commissioners shall forthwith adopt an ordinance repealing the planned development district for that portion of the development that has not received final approval and reestablishing 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 city clerk.

(Code 1966, § 36-704)

(a)

An application for approval of a final development plan may be filed for all the land included in an approved planned development district or in phases for an individual tract or tracts within the district. A complete application and required application fees shall be submitted by the developer within the time frame specified in subsection 42-205(b).

(b)

The applicant shall submit four (4) copies of all drawings and two (2) copies of all supporting written documents constituting the final development plan application. The application shall include:

(1)

A final plat or boundary survey showing the location and dimensions of existing and/or proposed lots and blocks, rights-of-way, easements and common areas as well as the acreage of the tract;

(2)

A detailed site plan showing the location, dimensions and proposed building setbacks of all principal structures, the location and dimensions of all existing and proposed curb cuts, driveways and aisles, public and private streets, off-street parking and loading areas, sidewalks, drainage ways and detention areas;

(3)

Preliminary building plans, including exterior elevations;

(4)

The location, height and material of screening walls and fences and the location of outdoor trash storage facilities;

(5)

Proposed landscaping plans, including the location and planting schedule of all perimeter and interior landscaping and noting any trees or vegetation to be removed;

(6)

Proposed lighting and signage plans;

(7)

The location of existing and proposed utilities (water mains, sanitary sewers, storm sewers) in and adjacent to the property;

(8)

The paving width and type of surfacing proposed for any private streets;

(9)

The proposed topography or grading plan for the area at a contour interval of not more than two (2) feet;

(10)

Proof of the establishment of an association or entity to own, manage and maintain the common open space, recreation areas and facilities, private streets and any other area within the development that is to be retained for the exclusive use and benefit of the residents, lessees and owners;

(11)

Copies of all restrictions or covenants that are to be applied to the development area;

(12)

Any other information the planning director or planning commission may require in order to give full and complete consideration to the final development plan.

(c)

A public hearing by the planning commission on an application for approval of a final development plan, or area thereof, shall not be required provided the final plan is in substantial compliance with the approved preliminary development plan, or area thereof. A final development plan shall be deemed to be in substantial compliance with the approved preliminary plan, provided no substantial modifications are proposed by the developer. Substantial modifications shall include:

(1)

Additions to land uses from those approved with the PDD ordinance;

(2)

An increase in the net residential density of more than ten (10) percent;

(3)

An increase in floor area or lot coverage of more than ten (10) percent;

(4)

A reduction of open space by more than ten (10) percent or a substantial relocation of open space that would change the character of the development;

(5)

A substantial change to the elevation of the site, grading plan or drainage plan;

(6)

Changes to street locations or the traffic circulation plan;

(7)

Deletions or changes to any restrictions, conditions, or limitations that were included in the approved preliminary development plan or the PDD ordinance.

If the final development plan is not in substantial compliance with the preliminary plan, the planning director shall, within twenty-one (21) 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. The developer may make such changes in the final plan as are necessary to bring it into compliance with the preliminary plan, or he may file a written request that the planning commission hold a public hearing on his application for final approval. If the developer shall fail to take either of these alternate actions within sixty (60) days, he shall be deemed to have abandoned the plan. If such public hearing shall be held, notice thereof shall be given, and the hearing shall be conducted in the manner prescribed in section 42-24. Within fourteen (14) days after the conclusion of the public hearing, the planning commission shall either approve or deny the final plan. Said action shall be in the form and contain the findings required for a recommendation on a preliminary development plan.

(d)

In the event a public hearing is not required and a complete application for final approval has been filed, the planning commission shall, within forty-five (45) days of such filing, grant such plan final approval. Provided however, that in the event a final plan is filed that meets the standards for substantial compliance but contains modifications or variations from the approved preliminary plan which are judged by the planning commission not to be in the public interest, the planning commission may, after discussing recommended revisions with the applicant, refuse to grant final approval. If the applicant does not agree to the revisions suggested by the planning commission or otherwise declines to revise the plan as submitted, the planning commission may deny approval of the plan and return it to the applicant with a written notice setting forth the reasons why one (1) or more modifications are not in the public interest. Such notice shall be mailed within fourteen (14) days of the decision to deny the final development plan. Modifications or variations that might justify denial would be any change or modification that may affect the character or quality of the development or affect the compatibility with nearby properties. Such changes might involve, but are not limited to, the following: the architectural design of buildings and structures, exterior building materials, the orientation of a building, landscaping and screening, signage, lighting, parking, setbacks or the deletion of buildings, structures or common use amenities.

Following the denial of a final development plan by the planning commission, the applicant may choose to revise the plan in accordance with the recommendations of the planning commission and resubmit it for approval, or may within thirty (30) days of receipt of notice of denial, choose to appeal the decision of the planning commission to the governing body for final decision.

(e)

Following approval of a final development plan by the planning commission or approval on appeal by the governing body, all required signatures shall be affixed to the final development plan. The approved final development plan and all other final plan documents shall be filed in the zoning administrator's office. All applicable covenants and owners association documents must be approved and filed in the register of deeds office prior to issuance of any building permits.

(f)

If a final development plan is approved and thereafter the developer shall abandon part or all of said development plan and shall notify the planning commission in writing, then no further development shall take place and the governing body shall adopt an ordinance repealing the planned development district ordinance and rezoning the property back to the zoning district classification which existed just prior to the application for a planned development district. The property owner may make application for rezoning to some other zoning district classification and the planning commission shall consider the application in the same manner as for any application for rezoning.

If the developer fails to commence the construction of an approved final development plan within eighteen (18) months of the approval date and has not applied for an extension of the above time limits, the planning commission shall revoke its approval of the final plan and shall so notify the developer in writing. If, within thirty (30) days of receipt of the notice of such revocation, the developer does not present to the planning commission an application for reinstatement of the final development plan, the planning commission shall consider that the plan in question has been abandoned and the governing body shall adopt an ordinance repealing the planned development district ordinance and rezoning the subject property back to its former zoning classification.

(Code 1966, § 36-705; Ord. No. 97-9835, § 1, 11-10-97)

A planned development district ordinance or an approved preliminary or final development plan may be amended by the board of commissioners, but only after a public hearing has been held pursuant to notice by section 42-24(b) and findings of fact and recommendations have been prepared by the planning commission and transmitted to the board of commissioners in the manner required by section 42-404(b)(1). Nothing in this section shall be construed as requiring a public hearing in the case of minor alterations. The determination of the need for a public hearing shall be at the discretion of the zoning administrator.

(Code 1966, § 36-706)

Upon approval of the final development plan by the planning commission, the same, together with the final subdivision plat shall be recorded with the register of deeds in the manner prescribed in the subdivision regulations.

(Code 1966, § 36-707)

Planned commercial zoning enables commercial development:

(1)

Consistent with the comprehensive plan;

(2)

Based upon innovative and imaginative site planning that may require deviations from the underlying zoning district regulations;

(3)

Compatible with surrounding development; and

(4)

With minimized adverse impact upon affected public infrastructure.

(Ord. No. 17-10909, § 1, 11-27-17)

(a)

Planned commercial zoning is required whenever an owner of property located within a community center or neighborhood center identified in the comprehensive plan applies for rezoning from a non-commercial zoning classification to a commercial zoning classification or from an existing commercial zoning classification to a different commercial zoning classification.

(b)

In the case of any commercial zoning application other than those described in subparagraph (a), planned commercial zoning may be required at the discretion of the board of commissioners upon a finding that planned commercial zoning is needed to ensure compatible land use relationships with surrounding development.

(c)

Any reference in this division to an application for rezoning to a planned commercial classification shall include any such application filed at the discretion of the property owner or as required under subsection (a) or (b) above.

(Ord. No. 17-10909, § 1, 11-27-17)

A complete, accurate site development plan is critical in fulfilling the purpose of planned commercial development. City approval of a site development plan must precede the issuance of a building permit for development of a zoning lot within a planned commercial zoning district. A building permit for development of a zoning lot within a planned commercial district will be issued only for work conforming to a city-approved site development plan.

(Ord. No. 17-10909, § 1, 11-27-17)

(a)

Consideration of an application for planned commercial rezoning and consideration of an application for approval of a proposed site development plan are related but distinct processes.

(b)

In the case of a single-zoning lot development, an applicant may apply for rezoning and either concurrent or deferred site development plan approval, subject to subsection (d) below.

(c)

In the case of a multi-platted lot development, an applicant may apply for rezoning and concurrent, deferred, or a combination of concurrent and deferred site development plan approval for each of the platted lots within the development, subject to subsection (d) below.

(d)

Upon a finding by the board of commissioners that concurrent consideration of any site development plan proposed for deferred consideration is a relevant factor in its consideration of the rezoning, the board of commissioners may precondition consideration of the rezoning upon submission of a site plan by the applicant for concurrent consideration, including review and recommendation by the planning commission.

(Ord. No. 17-10909, § 1, 11-27-17)

The planned commercial zoning classifications include PC-1, PC-2, PC-3, PC-4, PC-5, PC-6 and PC-7. The number following the prefix "PC" identifies the underlying commercial zoning classification.

(Ord. No. 17-10909, § 1, 11-27-17)

(a)

The permitted uses in a planned commercial district are the same as the underlying commercial zoning classification, as amended, unless limited by the ordinance approving the planned commercial district when determined necessary to protect the interests of neighboring property owners.

(b)

The allowed conditional uses in a planned commercial district include any conditional use approved from among the conditional uses listed for the underlying zoning district, as amended, either (1) by the board of commissioners as part of the ordinance approving the planned commercial district or (2) subsequently by the planning commission pursuant to section 42-597.2, subject to any conditions imposed by the ordinance approving the planned commercial district, as amended.

(Ord. No. 17-10909, § 1, 11-27-17)

All restrictions applicable to the underlying commercial zoning classification, as amended, apply to a planned commercial district, unless modified by the ordinance originally approving a planned commercial district or an ordinance amending the restrictions applicable to that planned commercial district.

(Ord. No. 17-10909, § 1, 11-27-17)

When considering an application for rezoning to a planned commercial district, the planning commission's recommendation and the board of commissioner's decision will be based upon the criteria recognized under Kansas law as the permissible criteria for deciding rezoning requests, including but not limited to the location criteria for the comprehensive plan land use category in which the property is located and, when determined to be a relevant factor, an approved site development plan. The planning commission may recommend, and the board of commissioners may impose conditions of approval of an application for rezoning to a planned commercial district as will reasonably minimize adverse impacts to surrounding neighborhoods and affected public infrastructure.

(Ord. No. 17-10909, § 1, 11-27-17)

The application and process for rezoning property to a planned commercial zoning classification shall be as set forth in article II of this chapter. In addition, the applicant must specifically identify: (a) the zoning classification requested, (b) any area subject to one-hundred-year flooding, and (c) existing sewers, water mains, culverts, and other underground facilities within the tract (indicating location, pipe sizes, grades, and manhole locations). In the case of a multi-platted lot development for which the applicant is not submitting a full site development plan for concurrent consideration with the rezoning application, the applicant must submit with the rezoning application: (a) a boundary survey or a proposed plat or replat of the property that is the subject of the rezoning application; (b) a preliminary plan depicting proposed streets, ingress and egress points; and (c) a general plan for site drainage.

(Ord. No. 17-10909, § 1, 11-27-17)

The ordinance approving a planned commercial district shall specify:

(1)

The boundaries of the district;

(2)

The underlying commercial zoning classification;

(3)

The permitted and conditional uses allowed within the district;

(4)

The conditions and restrictions imposed by the board of commissioners upon the planned commercial district;

(5)

The extent to which otherwise applicable district restrictions or regulations have been varied or modified; and

(6)

When site development plan approval has been deferred and only when applicable, that the board of commissioners has reserved its authority to review and approve the site development plan.

(Ord. No. 17-10909, § 1, 11-27-17)

When an application for planned commercial rezoning has been approved and the ordinance amending the zoning map has been published, the zoning map shall be modified to designate the subject property as rezoned to the applicable planned commercial zoning classification.

(Ord. No. 17-10909, § 1, 11-27-17)

Amendment of an ordinance approving a planned commercial district shall require the same process as was required for approval of the ordinance to be amended.

(Ord. No. 17-10909, § 1, 11-27-17)

A site development plan must be prepared by a registered architect, engineer, or surveyor at an appropriate engineering scale at not more than one (1) inch equals one hundred (100) feet. For each lot proposed to be developed, the site development plan must include all of the following:

(1)

Proposed name of the development;

(2)

Location by legal description;

(3)

Names, mailing addresses, telephone numbers, and email addresses of applicant and plan preparer;

(4)

Date, north arrow, and scale of plan;

(5)

Contours at two-foot intervals. Any area subject to one-hundred-year flooding shall be indicated;

(6)

The boundary lines of the area included in the site plan; including angles, dimensions and references to a section corner, quarter corner, or point on a recorded plat;

(7)

Existing sewers, water mains, culverts, and other underground facilities within the tract (indicating location, pipe sizes, grades, and manhole locations);

(8)

Location, arrangement and dimensions of proposed building and structures, together with related parking and loading areas, entrances, exits, vehicular drives, walkways, landscaping areas, screening, drainage handling, public streets, and any existing easements;

(9)

A schedule indicating total floor area, land area, parking spaces, total estimated employment on site, building site coverage and any other quantities needed to determine compliance with this article;

(10)

Preliminary sketches of building elevations, depicting the general style, size and exterior construction materials of the buildings proposed; and

(11)

Location, height and type of walls and fences, lighting, signage, and landscape material.

(Ord. No. 17-10909, § 1, 11-27-17)

A site development plan must meet all of the following required development standards:

(1)

All proposed uses must be either a permitted use or an allowed conditional use as described in section 42-409.6;

(2)

The proposed site development plan must conform with the bulk regulations and use limitations of the underlying district or as varied or modified by the ordinance approving the planned commercial district;

(3)

The proposed location and arrangement of buildings, trash disposal areas, drive up windows, off-street parking, loading areas, access drives, lighting, signage, landscaping and screening, and site drainage must be compatible with adjacent land uses;

(4)

Vehicular ingress to and egress from the site and vehicular circulation within the site must provide for safe, efficient, and convenient movement of traffic, both within the site and on adjacent roadways;

(5)

The proposed site development plan must provide for the safe movement of pedestrians within the site and along adjacent roadways;

(6)

The proposed landscaping component of the site development plan must incorporate xeriscaping and water conservation principles and a sufficient mixture of grass, trees, and shrubs within the front yard and buffer yard areas of the site such that the proposed development will be in harmony with surrounding development and will provide a pleasing appearance to the public. Any area within the site not used for buildings, structures, parking, loading or access ways, or other permissible accessory uses must be landscaped with a mixture of grass, trees, and shrubs from the city's recommended xeriscape plant list;

(7)

All outdoor trash disposal areas must be screened; and

(8)

Outdoor storage areas must be screened where applicable.

(Ord. No. 17-10909, § 1, 11-27-17)

A site development plan that includes property located within a community center or neighborhood center identified in the comprehensive plan shall be evaluated based upon design guidelines, including whether:

(1)

The scale and style of development are compatible with the surrounding development;

(2)

Amenities such as public focal points/spaces are included;

(3)

Streetscape and site design are pedestrian oriented both among uses and between uses and surrounding development;

(4)

Pedestrian accessibility and circulation between all sites are incorporated;

(5)

Space for multiple tenants and uses in nonresidential buildings is provided;

(6)

Quality design and materials are used for all development to encourage long-term commitment to a location;

(7)

The development has a comprehensive urban design scheme; and

(8)

Transitions/buffers between centers and less intense adjacent uses and neighborhoods minimize the impacts of noise, light, traffic, operations, and intensity of the center. Acceptable buffering can include fencing (stone, wood, or masonry), solid plantings, berming, or other methods that complement the character of the development.

The body responsible for review and approval of a site development plan (the planning commission, unless approval authority has been reserved by the board of commissioners) may either deny approval of a site development plan for not conforming with the design standards outlined above or precondition approval of a site development plan upon modification of the proposed site development plan to conform with the design standards.

(Ord. No. 17-10909, § 1, 11-27-17)

Consideration of an application for approval of a site development plan shall be commenced upon the filing of (a) a complete application; (b) a proposed site development plan that includes all of the categories of information outlined in section 42-409.13; and the applicable fee. The application must include any requests by the applicant for deviations from the restrictions applicable to the underlying commercial zoning classification.

(Ord. No. 17-10909, § 1, 11-27-17)

Consideration of an application for approval of a site development plan filed concurrently with an application for rezoning to a planned commercial zoning classification will follow the process for consideration of the rezoning application and the board of commissioners will be responsible for review and approval of the site development plan.

(Ord. No. 17-10909, § 1, 11-27-17)

The planning commission will be responsible for review and approval of a deferred site development plan application, unless responsibility for site development plan review and approval has been reserved by the board of commissioners in the ordinance approving the planned commercial district rezoning. Consideration of a deferred site development plan application will proceed as follows:

(1)

City staff will review the site development plan for compliance with the comprehensive plan, ordinances, regulations, and policies;

(2)

The site development plan will be scheduled for a public hearing and consideration by the planning commission on the same schedule, with the same notice requirements, and in the same manner as its public hearing process set forth in section 42-24, as amended;

(3)

When the planning commission is responsible for review and approval of the site development plan:

a.

Decision. Following the public hearing it will:

1.

Approve or disapprove the site development plan as submitted; or

2.

Approve the site development plan, subject to specified revisions or conditions.

b.

Appeal by applicant. If the applicant is dissatisfied with the planning commission decision, the applicant may appeal the planning commission decision to the board of commissioners by filing a written notice of appeal in the office of the zoning administrator within fourteen (14) days from the date of the planning commission decision.

c.

Protest and appeal. If the planning commission approves a site development plan and a protest petition against the site development plan is filed in the office of the zoning administrator within fourteen (14) days after the date of the planning commission decision signed by the owners of record of twenty (20) percent or more of the total real property within the area required to be notified of the of the proposed site development plan, excluding streets and public ways and the area subject to the site development plan, the decision of the planning commission shall be appealed to the board of commissioners and the site development plan shall not be approved except by at least a three-fourths (¾) vote of all of the members of the board of commissioners.

(4)

When the board of commissioners has reserved responsibility for review and approval of the site development plan:

a.

Planning commission recommendation. Following its public hearing the planning commission will prepare and transmit to the board of commissioners and to the applicant its findings and its recommendation to:

1.

Approve or disapprove the site development plan as submitted;

2.

Approve the site development plan, subject to specified revisions or conditions; or

3.

Revise and resubmit the site development plan.

b.

Board of commissioners decision. After the planning commission transmits its findings and recommendation regarding the site development plan to the board of commissioners, the board of commissioners may:

1.

Approve the recommendation;

2.

Override the planning commission's recommendation by a two-thirds (⅔) majority vote of the membership of the board of commissioners; or

3.

Return such recommendation to the planning commission with a statement specifying the basis for the city commission's failure to approve or disapprove. If the board of commissioners returns the planning commission's recommendation, the planning commission, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit a new and amended recommendation. Upon receipt of such recommendation, the board of commissioners, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation.

c.

Protest. Whether or not the planning commission recommends approval of a site development plan, if a protest petition against the site development plan is filed in the office of the zoning administrator within fourteen (14) days after the date of the conclusion of the planning commission public hearing signed by the owners of record of twenty (20) percent or more of the total real property within the area required to be notified of the of the proposed site development plan, excluding streets and public ways and the area subject to the site development plan, the site development plan shall not be approved except by at least a three-fourths (¾) vote of all of the members of the board of commissioners.

(Ord. No. 17-10909, § 1, 11-27-17)

A copy of an approved site development plan shall be filed in the office of the zoning administrator. An approved site development plan shall expire if construction based on a valid building permit has not commenced within eighteen (18) months from the date of publication of the ordinance approving the site development plan. Upon written request filed with the zoning administrator prior to the expiration of an approved site development plan, the board of commissioners may grant an extension of the time limit for a specified length of time not to exceed one (1) additional year. If construction has not commenced within the eighteen-month deadline or as extended by the board of commissioners, the expired site development plan shall be revoked, and no building permits issued in relation to the subject property unless and until a new site development plan has been approved by the board of commissioners.

(Ord. No. 17-10909, § 1, 11-27-17)

Amendment of an approved site development plan shall require the same process as was required for approval of the site development plan to be amended.

(Ord. No. 17-10909, § 1, 11-27-17)

Alterations to an approved site development plan deemed minor by the city manager or the city manager's designee may be approved at the discretion of the city manager or the city manager's designee.

(Ord. No. 17-10909, § 1, 11-27-17)

The South Ninth Street Corridor Overlay (CO) District is designed to achieve a high-quality, planned mixed-use development pattern along South Ninth Street. Predominant uses shall consist of low to moderate intensity service commercial businesses. Secondary uses may consist of ancillary support facilities and limited retail activities. Businesses within the district shall not create incompatible land use relationships, heavy traffic loads or other adverse impacts to surrounding areas. The district is intended to be applied to areas designated by the South Ninth Street Corridor Study. All uses and activities shall be subject to the regulations of the underlying zoning district unless otherwise specified herein.

(Ord. No. 99-9949, § 1, 10-11-99)

Permitted uses in the CO district shall be as follows:

(1)

Automobile sales and service.

(2)

Automobile service and accessory stores.

(3)

Boat and RV sales and service.

(4)

Furniture showrooms.

(5)

Research and development facilities.

(6)

Truck sales and service.

(Ord. No. 99-9949, § 1, 10-11-99)

The following uses may be permitted in the CO district if reviewed and approved in accordance with the provisions of section 42-597.2 of this chapter and following an evaluation of the projected amount of traffic to be generated by the proposed use, square footage of proposed buildings, and compatibility of proposed use with nearby land uses:

(1)

Agricultural implement sales and service.

(2)

Automobile repair, including screened outdoor storage areas.

(3)

Building supply stores.

(4)

Business and professional offices.

(5)

Business schools.

(6)

Convenience gasoline and food stores.

(7)

Department and discount stores.

(8)

Duplicating and mailing services.

(9)

Express package facilities.

(10)

Farm and ranch supply stores.

(11)

Food stores and delicatessens.

(12)

Garden centers and nurseries.

(13)

Gasoline service stations with car wash.

(14)

Group day care centers.

(15)

Hotels and motels.

(16)

Physical fitness centers.

(17)

Public utilities.

(18)

Restaurants.

(19)

Short term recreational vehicle parking areas accessory to a hotel, motel, truck stop or travel plaza.

(20)

Travel agencies.

(21)

Truck stops and travel plazas.

(22)

Warehouses and wholesale houses.

(Ord. No. 99-9949, § 1, 10-11-99; Ord. No. 09-10528, § 1, 12-14-09; Ord. No. 22-11104, § 1, 3-21-22; Ord. No. 25-11243, § 1, 5-12-25)

Each site shall be subject to the following property development regulations:

(1)

Planned development zoning. All applications for rezoning shall be for planned development district (PDD) or planned commercial (PC) zoning.

(2)

Minimum lot size. All uses must be located on a parcel having a minimum lot size of one (1) acre.

(3)

Paved areas. All access drives, parking areas and sidewalks shall be paved with asphalt or concrete.

(4)

Landscaping. All sites shall be landscaped in accordance with the provisions of section 42-65 of this chapter.

(5)

Signage. No signs shall exceed thirty (30) feet in height. No mobile or ground anchored banner signs shall be permitted. No offsite advertising signs shall be permitted on a site more than one hundred (100) feet east of I-135.

(6)

Driveways. Access drives must be located a minimum of one hundred (100) feet from public streets, fifty (50) feet from other access drives, and twenty-five (25) feet from interior property lines unless shared access is provided.

(7)

Outdoor storage. All materials, supplies, and equipment (not displayed for sale) shall be stored in an enclosed building or located in the side or rear yard and screened from visibility from adjacent streets.

(8)

Exterior lighting. Exterior lighting fixtures shall be aimed or shaded so that no direct light is cast towards any street traffic.

(9)

Architectural design. All development shall demonstrate a high quality visual appearance from the street. The architectural design of buildings, site improvements and landscaping shall appear integrated and coordinated. The main entrances to primary buildings shall face Ninth Street or Water Well Road. All primary buildings shall have an attractive exterior finish and no precast concrete or metal panels shall face Ninth Street or Water Well Road unless the overall design presents a compatible appearance.

(Ord. No. 99-9949, § 1, 10-11-99)

The provisions of the CO district shall apply to that area bounded by a line one-quarter (¼) mile south of the centerline of Schilling Road on the north, Ninth Street on the east, a line three-eighths (⅜) mile south of the centerline of Water Well Road on the south, and Interstate 135 on the west.

(Ord. No. 99-9949, § 1, 10-11-99; Ord. No. 05-10303, § 1, 8-22-05)

The North Ohio Street gateway overlay district is designed and intended to protect and enhance the aesthetic and visual character of the North Ohio gateway into the city from Interstate 70. In accordance with the city commission's strategic goal of encouraging quality, market driven, mixed use development it is intended to insure that land development adjacent to North Ohio Street occurs in a manner that improves the overall appearance of major entryways into the city.

The primary purpose of the North Ohio Street gateway overlay district regulations is to establish a framework for site planning and design to ensure development of a high quality along the North Ohio corridor. The purposes of the North Ohio Street gateway overlay district regulations shall also include the following:

(1)

Emphasize the interstate access at Ohio Street and Interstate 70 as a major entryway into the city.

(2)

Encourage high quality development as a strategy for investing in the city's future.

(3)

Shape the district's appearance, aesthetic quality, and spatial form.

(4)

Protect and enhance property values.

(5)

Enhance the city's sense of place and contribute to the sustainability and lasting value of the city.

(6)

Provide property owners, developers, architects, engineers, builders, business owners, and other with a clear and equitable set of regulations for developing land.

(Ord. No. 06-10366, § 1, 1-8-07)

The North Ohio Street gateway overlay district shall function as an overlay zoning district. The North Ohio Street gateway overlay district requirements shall supersede the regulations of the underlying zoning district where such district's regulations are in conflict with the provisions of this chapter. All regulations of the underlying zoning district shall remain in effect as identified in the North Ohio Street gateway overlay district regulations.

The regulations established herein shall apply to all new development, major redevelopment and major building additions within the district that is currently located within the city limits or is subsequently annexed into the city. Major redevelopment shall be defined as renovation or reconstruction that exceeds fifty (50) percent of the appraised value of existing improvements. A major addition is an addition that results in a fifty (50) percent or more increase in the gross floor area of an existing building.

(Ord. No. 06-10366, § 1, 1-8-07)

No land shall be used and no buildings shall be erected for, converted to or used for any principal or accessory use other than such uses as are allowed in the underlying zoning district, in accordance with article VI of this chapter.

(Ord. No. 06-10366, § 1, 1-8-07)

Uses requiring approval of a conditional use permit shall be allowed in the underlying zoning district only in accordance with articles VI and XIII of this chapter.

(Ord. No. 06-10366, § 1, 1-8-07)

Uses which are not listed as permitted or conditional uses in the underlying district shall not be allowed. In addition, the following uses which may otherwise be permitted by right or by conditional use permit in the underlying zoning district shall not be permitted as principal uses within the North Ohio Street gateway overlay district:

(1)

Adult book stores;

(2)

Adult cabarets;

(3)

Adult motels;

(4)

Adult only movie theatres;

(5)

Concrete or asphalt batch plants;

(6)

Drinking establishment without food sales;

(7)

Feed lots, stockyards and rendering plants;

(8)

Flea markets;

(9)

Junk dealers;

(10)

Manufactured home sales lots;

(11)

Massage parlors;

(12)

Pawn shops;

(13)

Petroleum refineries;

(14)

Salvage yards;

(15)

Sand, gravel or earth mining operations;

(16)

Scrap dealers;

(17)

Scrap metal processing and storage;

(18)

Tattoo parlors;

(19)

Trash collection service or transfer station.

(Ord. No. 06-10366, § 1, 1-8-07)

(a)

Minimum street frontage. The minimum street frontage for lots within the North Ohio Street gateway overlay district shall be one hundred fifty (150) feet, except for pre-existing lots of record.

(b)

Minimum lot area. The minimum lot area within the North Ohio Street gateway overlay district shall be fifteen thousand (15,000) square feet, except for pre-existing lots of record.

(c)

Minimum setbacks and yard areas.

(1)

Front yard: fifty (50) feet abutting Ohio Street. For all other lots abutting public streets, the required setbacks in the underlying zoning district shall apply.

(2)

Side yard: twenty (20) feet on lots abutting Ohio Street, except when located adjacent to property in a residential district where a fifty-foot setback shall be required. For all other lots the required setback in the underlying zoning district shall apply.

(3)

Rear yard: twenty-five (25) feet on lots abutting Ohio Street, except when located adjacent to property in a residential district where a fifty-foot setback shall be required. For all other lots the required setback in the underlying zoning district shall apply.

(4)

Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than thirty (30) feet from the property line of any abutting street; however, a canopy may be constructed which further extends to within fifteen (15) feet of front property line.

(d)

Maximum structure height. The height limit of the underlying zoning district shall apply within the North Ohio Street gateway overlay district.

(e)

Maximum lot coverage. The maximum ground area of a zoning lot within the North Ohio Street gateway overlay district that may be covered by buildings is fifty (50) percent of the lot area.

(Ord. No. 06-10366, § 1, 1-8-07)

(a)

Off-street parking areas.

(1)

Front yard setback. The minimum setback from the street right-of-way line to parking areas or driving aisles located in the front yard shall be fifteen (15) feet. The first ten (10) feet of this setback abutting the street must consist of turf grass maintained as an uninterrupted yard. The remaining setback area abutting the parking area or driving aisle must be developed with vegetative screening or landscaping in accordance with the city's landscaping regulations.

(2)

Surfacing. All open off-street parking spaces, access drives and aisles within the North Ohio Street gateway overlay district shall be paved with asphalt or concrete in accordance with subsection 42-552(e)(2) of the zoning ordinance.

(b)

Off-street loading areas.

(1)

Location. Off-street loading areas serving buildings with frontage on Ohio Street shall be located on the side or rear of the building.

(2)

Screening. All loading areas, freight docks, truck berths or truck parking areas, vehicle repair, service, wash and maintenance bays, garages or garage doors, or any other similar facilities located within one hundred (100) feet of any public street and which face the street, shall be screened from the view of the street by a solid wall or fence or densely planted hedge of not less than six (6) feet in height. A chain link fence with slats shall not be considered solid screening. If the combination of landscaping and berming within the landscape setback creates a solid visual barrier equal to that provided by solid wall or fence at the time of planting, the screening wall or fence is not required.

(3)

Surfacing. All off-street loading areas and access drives within the gateway overlay district shall be paved with asphalt or concrete. As an alternative to asphalt or concrete, off-street parking spaces, access drives and aisles may be surfaced with alternative methods of paving, provided that the pavement surface and base for any alternative to asphalt and concrete must be designed by a professional engineer licensed in the state and reviewed and approved by the city engineer. A pavement cross-section shall be provided demonstrating the structural ability of the design to support the anticipated vehicle loads.

(c)

Outdoor storage and display.

(1)

Location. No outdoor storage shall be permitted in that area of the property between the front of the principal building or buildings and the public street on which the principal building or buildings front.

(2)

Screening. Outdoor storage in the side or rear yard shall be effectively screened from public streets and adjoining property by a solid wall or fence or densely planted hedge of not less than six (6) feet in height. The height of stored items shall not be permitted to exceed the height of the visual screening device. A chain link fence with slats shall not be considered a solid fence for screening purposes.

(3)

Trash enclosures. Trash receptacles shall be visually screened on three (3) sides by a solid wall or fence not less than six (6) feet in height measured at the highest finished grade. The height of the trash receptacle shall not be permitted to exceed the height of the visual screening device. Screening shall not be required on the side used for access by garbage pickup services. Such side shall not face any adjacent public street.

(4)

Merchandise display. The outside display of merchandise incidental to a permitted use shall be allowed per the underlying zoning district. Merchandise display areas must be setback at least fifteen (15) feet from the right-of-way line of any public street. All areas utilized for outside display or storage in conjunction with sales or rental of motor vehicles, recreational vehicles, trailers or boats shall be paved with asphalt or concrete.

(d)

Landscaping and screening.

(1)

Front yard areas. Front yard landscaping shall be provided on all zoning lots within the North Ohio Street gateway overlay district in accordance with section 42-65 of the zoning ordinance and subsequent amendments thereto.

(2)

Screening. Side and rear yard areas shall be screened in accordance with the requirements of the underlying zoning district.

(3)

Additional requirements.

a.

A minimum of twenty (20) percent of the total area of each zoning lot shall be devoted to landscaped open space.

b.

All open areas of any lot not used for parking, driveways or storage shall be landscaped with trees, shrubs, berms and planted ground cover.

c.

All parking areas shall be landscaped with a buffer strip not less than fifteen (15) feet wide located between the edge of the right-of-way of the adjacent public streets and the surface of the parking area.

d.

All landscaped areas which do not consist of xeriscaping shall be irrigated by an automatic irrigation system.

(e)

Utilities. All on-site utilities serving any zoning lot within the North Ohio Street gateway overlay district, including but not limited to electrical, telephone and cable shall be installed underground. This shall apply to utilities running from the street right-of-way or utility easement to buildings and to utilities supplying service between buildings. This requirement shall not apply to major electrical transmission or feeder lines.

(f)

Building design and appearance. All building and structures within the North Ohio Street gateway overlay district shall meet the following building design and construction standards:

(1)

Any exterior building wall facing Ohio Street shall be constructed of one (1) of the following materials:

a.

Masonry brick.

b.

Natural stone.

c.

Customized concrete masonry with striated, scored or broken faced brick type units (sealed) with color consistent with design theme.

d.

Poured in place, tilt-up or pre-cast concrete. Poured in place and tilt-up walls shall have a finish of stone, a texture or a coating.

e.

Steel frame structures with architectural flat metal panels or glass curtain walls.

f.

Stucco, or similar cement based durable material.

(2)

Non-decorative exposed concrete block buildings are prohibited, as are pre-engineered metal buildings, corrugated metal-sided buildings, and wood sided buildings unless such metal buildings and wood sided buildings are enhanced on all elevations by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia overhangs, trim, as detailed above. At least twenty (20) percent of the exposed exterior wall must consist of decorative material.

(3)

In the design of buildings or clusters of buildings, developers should orient projects so that the side facing Ohio Street forms the front of the project. Where fronting toward Ohio Street is not feasible due to the location of access roads and other site constraints, the project should be oriented and designed in such a manner so as to convey a pleasing appearance from Ohio Street and treated per (1) and (2) above.

(4)

Where additions are proposed for buildings constructed prior to the effective date of this chapter and such buildings do not comply with the standards in this section, such additions need not comply with the standards in this section as long as the addition(s) are not in excess of fifty (50) percent of the existing floor area of the existing building. Additions in excess of fifty (50) percent of the existing floor area of an existing building shall comply with the standards in this section.

(5)

Exceptions to the building architecture standards set forth in this section may be granted by the planning commission for structures of comparable design and building materials.

(g)

Signage. Signage on each zoning lot within the North Ohio Street gateway overlay district shall be limited to one (1) pole or ground sign per street frontage not to exceed thirty (30) feet in height, except for interstate oriented signs which may be up to fifty (50) feet in height. No off-site advertising signs (billboards) shall be permitted within the district.

(Ord. No. 06-10366, § 1, 1-8-07)

No building permits for new buildings or building additions subject to the requirements of this overlay district shall be issued until a site development plan has been reviewed and approved by the planning commission.

(Ord. No. 06-10366, § 1, 1-8-07)

The provisions of the North Ohio Street gateway overlay district shall apply to the following area:

Commencing at the southeast corner of the northeast quarter of Section 12 Township 14 South Range 3 West of the Sixth Principal Meridian;

-

Thence north along the east line of said northeast quarter for a distance of fifty (50) feet to the intersection of said east line and the north right-of-way of North Street extended, said point being the point of beginning;

-

Thence west along said north right-of-way and extension thereof for a distance of two hundred (200) feet;

-

Thence south along said right-of-way for a distance of ten (10) feet;

-

Thence west along said right of way for a distance of three hundred seventeen and eighty-two-hundredths (317.82) feet to the west line of the east 120 feet of Lot 3 Block 1 of Stanion Addition;

-

Thence north along said west line to the north line of Stanion Addition, also being the south line of the Union Pacific Railroad right-of-way;

-

Thence northeasterly through the Union Pacific Railroad right-of-way to the southwest corner of Lot 7 of East Gardens;

-

Thence north along the west line of Lots 7 and 6 to the Northwest corner of Lot 6 Gardens Addition;

-

Thence northeasterly along the north line of said Lot 6 to a point two hundred seventy-six and twenty-one-hundredths (276.21) feet southwesterly of the northeast corner of said Lot 6, said point being the southwest corner of a parcel described in Book 1067 at Page 1046 of the county register of deeds;

-

Thence north along the west line of said parcel for a distance of one hundred twenty and seven-hundredths (120.07) feet to a point on the north line of Lot 5, three hundred sixteen and one-hundredth (316.01) feet southwesterly of the northeast corner of Lot 5 of East Gardens Addition;

-

Thence northeasterly through the York Street right-of-way to a point on the south line of Lot 4 of East Gardens Addition and two (2) feet east of the west line of said Lot 4;

-

Thence north along a line two (2) feet east of and parallel with the west line of said Lot 4 for a distance of one hundred forty-two and seventy-nine-hundredths (142.79) feet to a point on the south line of Lot 3 of East Gardens Addition;

-

Thence southwesterly along the south line of said Lot 3 for a distance of two and eleven-hundredths (2.11) feet to the southwest corner of said Lot 3;

-

Thence north along the west line of said Lot 3 for a distance of one hundred three and sixty-seven-hundredths (103.67) feet to the northwest corner of said Lot 3, also the southwest corner of Block 2 of Northeast Industrial Park;

-

Thence north along the west line of said Block 2 for a distance of two hundred seventy-four and seventy-four-hundredths (274.74) feet to the northwest corner of said Block 2, also the southerly line of railroad right-of-way;

-

Thence southwesterly along said southerly railroad right-of-way to a point thirteen hundred and twenty (1,320) feet west of the east line of said section 12;

-

Thence north on a line thirteen hundred and twenty (1,320) feet west of and parallel with the east line of said Section 12 to the south line of Section 1 Township 14 South Range 3 West of the Sixth Principal Meridian;

-

Thence continuing north on a line thirteen hundred and twenty (1,320) feet west of and parallel with the east line of said Section 1 to the south line of Section 36 Township 13 South Range 3 West of the Sixth Principal Meridian;

-

Thence continuing north on a line thirteen hundred twenty (1,320) feet west of and parallel with the east line of said section 36 and the centerline of Ohio Street to the point of curvature of the centerline of Ohio Street offset one thousand three hundred twenty (1,320) feet west;

-

Thence along said offset of the centerline of Ohio Street on a curve to the left parallel with the centerline of Ohio Street, said curve having a radius of three hundred twenty and twenty-nine-hundredths (320.29) feet for a distance of seventy and thirty-nine-hundredths (70.39) feet;

-

Thence northwesterly along said offset for a distance of three hundred three and twenty-one-hundredths (303.21) feet;

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Thence continuing along said offset on a curve to the right having a radius of two thousand nine hundred sixty and twenty-nine-hundredths (2960.29) feet to a point on the south right-of-way of Interstate 70;

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Thence easterly and northerly along said south right-of-way to the northeast corner of the replat of Foley Addition;

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Thence northeasterly to the northwest corner of Flying J Addition and the south line of said right-of-way of Interstate 70;

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Thence northeasterly along the north line of said Flying J Addition and said south right-of-way to the northeast corner of said Flying J Addition;

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Thence east perpendicular to the centerline of Ohio Street to a point one thousand three hundred twenty (1,320) feet east of said centerline;

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Thence south on a line one thousand three hundred twenty (1,320) feet east of said centerline for a distance of one thousand sixty-three (1,063) feet more or less to the point of curvature of the centerline of Ohio Street offset one thousand three hundred twenty (1,320) feet east;

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Thence along said offset of the centerline of Ohio Street on a curve to the left having a radius of three hundred twenty and twenty-nine-hundredths (320.29) feet for a distance of seventy and five-hundredths (70.05) feet;

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Thence southerly along said offset for a distance of three hundred three and twenty-one-hundredths (303.21) feet;

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Thence continuing along said offset on a curve to the right having a radius of two thousand nine hundred sixty and twenty-nine-hundredths (2960.29) feet for a distance of six hundred fifty and sixty-three-hundredths (650.63) feet to a point one thousand three hundred twenty (1,320) feet east of the west line of Section 31 Township 13 South Range 2 West of the Sixth Principal Meridian;

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Thence south on a line one thousand three hundred twenty (1,320) feet east of and parallel with the west line of said Section 31 to the north line of Section 6 Township 14 South Range Two 2 West of the Sixth Principal Meridian;

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Thence south on a line thirteen hundred and twenty (1,320) feet east of and parallel with the west line of said section 6 to the north line of Section 7 Township 14 South Range 2 West of the Sixth Principal Meridian;

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Thence south on a line thirteen hundred and twenty (1,320) feet east of and parallel with the west line of said Section 7 to a point on the south line of the railroad right-of-way and the north line of Cloverdale Addition;

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Thence southwesterly along the north line of Cloverdale Addition and the south railroad right-of-way to a point intersected by the east line of Lot 1 Block 3 of Northeast Industrial Area extended;

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Thence south along said east line of said Block 3 extended to the northeast corner of said Block 3;

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Thence south along the east line of said Block 3 for a distance of three hundred ninety-seven and sixty-five-hundredths (397.65) feet;

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Thence west fifty and zero-hundredths (50.00) feet;

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Thence south one hundred and zero-hundredths (100.00) feet to the north line of Prospect Avenue;

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Thence southeasterly to the northeast corner of Lot 16 of Cloverdale Annex;

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Thence south along the east line of Lots 16, 15, and 14 of Cloverdale Annex;

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Thence west along the south line of said Lot 14 to the northeast corner of Lot 3 of Fairway Addition;

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Thence south along the east line of said Lot 3 and extension thereof to the north line of Lot 1 of Van Horne Addition to the City of Salina;

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Thence east along the north line of said Van Horne Addition to the northeast corner of Van Horne Addition;

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Thence southwesterly along the southerly line of said Van Horne Addition to a point intersected by the west line of the northerly portion of Lot 2 Block 1 of Casey's Addition to the City of Salina extended north;

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Thence south along the extension of said west line to the northwest corner of said Lot 2;

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Thence south along said west line for a distance of one hundred fifty and zero-hundredths (150.00) feet;

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Thence east-northeast for a distance of fifteen and thirty-six-hundredths (15.36) feet to the northeast corner of a tract described in Book 381 on Page 466 in the records of the Saline, County Register of Deeds;

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Thence south along the east line of said tract for a distance of one hundred seventy-three and zero-hundredths (173.00) feet to the southeast corner of said tract;

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Thence west along the south line of said tract for a distance of sixty-nine and eighty-six-hundredths (69.86) feet to the northeast corner of Lot 1 Block 1 of Casey's Addition;

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Thence south along the east line of said Lot 1 for a distance of two hundred forty and ninety-two-hundredths (240.92) feet to a point on the north line of North Street;

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Thence west along said north line for a distance of fifty and twenty-six-hundredths (50.26) feet;

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Thence north for a distance of distance of fifteen and zero-hundredths (15.00) feet;

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Thence west along said south right-of-way line for a distance of two hundred and zero-hundredths (200.00) feet to the point of beginning.

(Ord. No. 06-10366, § 1, 1-8-07)