The City elects to exercise the powers granted by K.S.A. 12-755(a)(1), to provide for Planned Unit Development Zoning Districts (PUD)

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 Governing Body is authorized to establish Planned Unit Development Zoning Districts in which the regulations are in harmony with the general purpose and intent of this title and with the comprehensive plan of the City but in which districts regulations may differ in one (1) or more respects from the regulations applicable to land not in a PUDD.

Establishment of a Planned Unit Development district is intended to serve and achieve the following objectives:

A.

To promote the public health, safety, morals, aesthetics, and general welfare in an era of growing demand for housing of all types and design and for commercial facilities conveniently located to such housing;

B.

To provide for well-located, clean, safe, permanent office, warehousing, and light manufacturing sites involving a minimum demand on transportation, energy resources and other community facilities;

C.

To encourage innovation in residential, commercial, office, warehousing and light manufacturing development and renewal so that growing demands may be met by greater variety in type, design and land use of buildings;

D.

To encourage the combining and the coordinating of architectural styles, building forms and relationships within the planned development;

E.

To provide, where shown to be in the public interest, for the preservation of historical features and natural features through public or private reservation;

F.

To provide for adequate, usable and suitably located open space, recreation facilities and other public and/or private common facilities than would not be provided if not developed in a PUDD;

G.

To encourage more efficient provision of public utilities and services or the provision of private services in lieu thereof;

H.

To reflect changes in the technology of land development so that the resulting economy may inure to the benefit of those who need shelter;

I.

To enhance the natural setting through careful and sensitive placement of manmade facilities and plant materials;

J.

To provide procedures which can relate the type, design and layout of development to the particular site.

These regulations shall apply to all land in a PUDD excepting:

A.

Land in a PUDD (PUD) prior to July 19, 2010, shall remain subject to all regulations and provisions applicable to said land prior to the above stated date and shall not be subject to the provisions of this Chapter unless the land is subsequently rezoned to a PUDD under this Chapter; provided, however, if no substantial construction has commenced on the prior PUDD within eighteen (18) months of the above date then the Planning Commission or Governing Body may initiate rezoning of such prior zoned PUDD to any other zoning district.

A.

The Community Development Director his or her designee shall administer the provisions of these regulations and have the following functions and duties:

1.

To maintain permanent and accurate records relating to any PUDD established hereunder;

2.

To provide application forms to be used by land owners seeking approval of a PUDD;

3.

To act as the receiving representative of the City for all applications for approval of all PUDDs;

B.

The Planning Commission shall have the following functions and duties:

1.

To prescribe rules and regulations consistent with the provisions of this chapter;

2.

To make recommendations to the Governing Body for approval or disapproval of applications for a PUDD and to where provided for in these regulations and to the extent permitted by Kansas law approve, disapprove or otherwise act on matters pertaining to PUDDs.

In the construction of this chapter the following definitions shall prevail:

A.

Common open space means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit development and designed and intended for use and enjoyment of residents and owners of the planned unit development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the planned unit development.

B.

Landowner means the legal or beneficial owner or owners of all the land proposed to be included in an individual PUDD rezoning. The holder of a contract to purchase or other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of these regulations.

C.

Plan either preliminary or final means the graphics, drawings or text provisions for development of a PUDD, including such drawings as shall meet the requirements for a plat or site plan, as well as all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the plan" when used in these regulations means the written and graphic materials referred to in this definition.

D.

Planned Unit Development, or PUD, means an area of land controlled by a landowner to be developed as a single entity for a number of dwelling units, office uses, commercial uses or any combination thereof, if any, the plan for which may not correspond in lot size, bulk or type of dwelling or commercial or industrial use, density, lot coverage and required open space, to the regulations established in any one or more of the planned unit development districts of the zoning regulations.

E.

Substantial Construction means construction of any buildings, and/or installation of infrastructure improvements to serve the planned unit development.

The Governing Body may in the manner provided for by K.S.A. 12-757 and other applicable Kansas statutes and in accordance with the zoning rules and regulations contained in Title 17 of the Shawnee Municipal Code (SMC) rezone land to any of the "Planned Unit Development Districts" (PUDD) provided for herein.

The following Districts established by SMC 17.06.010 are established and designated as PUDDs:

A.

PUDMR - Planned Unit Development Mixed Residential District.

B.

PUDOC - Planned Unit Development Office and Commercial District.

C.

PUDMX - Planned Unit Development Mixed Use District.

D.

PUDBP - Planned Unit Development Business Park District.

E.

PUDGU - Planned Unit Development General Development District.

The Planning Commission may recommend and the Governing Body may rezone land to a PUD zoning district in the manner provided for by K.S.A. 12-757, other applicable Kansas statutes and in accordance with the zoning rules and regulations contained in SMC Title 17 if the respective body finds the following conditions exist:

A.

PUDD is an effective and unified treatment of the development possibilities of the project site, the Preliminary Development Plan makes appropriate provisions for the preservation of the natural features such as streams, lakes, wooded cover, rough terrain and similar areas.

B.

The general conditions set out in SMC 17.92.030(E) have been considered to the extent deemed relevant.

C.

The Planning Commission before making a favorable recommendation to the Governing Body and the Governing Body prior to approving rezoning to a PUDD shall determine that the subject PUDD is in substantial compliance with the intent and purpose of the comprehensive plan of the City.

D.

The applicant for rezoning for a PUDD will have professional staff within their organization, or have contracted with consultants, architects, engineers, realtors and economists capable of carrying out all phases of the proposed PUD. The applicant has shown evidence of financial capabilities to reasonably assure success and completion of the PUD. This may be in the form of financial statements, lines of credit or evidence of satisfactory completion of similar development projects.

A.

The minimum size for a PUDD shall be as provided in the development standards for each type of planned unit development district established by SMC 17.54.080.

B.

The minimum requirements may be reduced by up to fifty percent (50%) for planned unit development office and commercial, planned unit development mixed-use, or planned unit development general development districts, and by a greater percentage for a planned unit development mixed residential district for infill purposes, if the applicant can demonstrate and the Planning Commission and Governing Body determine that, due to unusual topographical conditions, limitations of access or proximity to an existing planned unit development, reduction of the minimum requirements to allow a planned unit development would be in the public interest. In requesting a reduction of the minimum requirements the applicant shall also demonstrate that the requested reduction would not create conditions leading to a continuous lineal extension of commercial usage or encroachment into an established residential area.

(Ord. 3294, 2019)

A.

All uses not within enclosed structures shall be subject to additional design review. These may include location, intensity, screening and landscaping as may be deemed appropriate to protect the integrity of the PUD and areas adjacent thereto. The Planning Commission shall indicate the need for such design review at the time the preliminary development plan is approved or recommended by the Planning Commission. Such additional design shall be submitted to the Planning Commission at a time and date the Planning Commission shall designate. In lieu of such design, the applicant may submit covenants or other forms of design control devices to insure compliance with these regulations.

A.

The off-street parking and loading requirements for all uses, other than for residential dwellings, shall be the same as required by Chapter 17.70. Additionally, each establishment shall provide adequate loading space within a building or in a side or rear yard, in such a way that all storage, standing and maneuvering of trucks shall be off the public right-of-way. The minimum parking lot setback requirement in the PUDMR district shall be the same as the RGA district, and other Planned Unit Development districts shall maintain the setback required in the Commercial Neighborhood zoning district.

B.

A minimum of two (2) off-street parking spaces located within reasonable proximity to the unit shall be provided for each dwelling unit. Additional parking in the PUDMR district and PUDMX district to include separate parking for visitors, or accessory equipment such as boats, trailers or recreational vehicles may be required by the Planning Commission if deemed necessary to meet projected usage. The Planning Commission may reduce the number of required stalls in a PUDMX or PUDMR district upon review of the type of residential units to be constructed.

C.

Off-street parking areas within the development having eight (8) or more spaces shall provide landscaped areas distributed, as much as practical, throughout the parking areas.

Landscaping and screening are required in all phases of the development, and shall be in accordance with Chapters 17.57 and 17.74.

The applicant shall provide for the creation of such legal entities as appropriate to undertake and be responsible for control, operation, construction and maintenance of private roads, parking areas, common open space, community facilities, recreation areas, buildings, lighting, security measures and other similar items. These legal entities might be homes associations, community trusts, contracts, covenants or similar legal constructions, and shall remain in effect in perpetuity. Documents creating such legal entities shall be recorded with the final plat for each portion of the PUD.

A.

The applicant shall provide for a portion of the land area to be set aside and developed for open area recreational uses and other common open space, which portion shall be equal to or greater than the minimal percentage specified in the requirements for each type of PUD district. In phased developments, open spaces shall be provided and developed commencing with the first phase. A schedule of open area recreation uses and platting of common open spaces shall be presented in the narrative statement.

B.

The City may accept the dedication of land or any interest therein for public use provided such dedication or making of land available for public use shall not be required, excepting those dedications made upon recording at the Johnson County Records and Tax Administration Office as a condition of approval of a PUD.

The intent of the PUDMR (Planned Unit Development Mixed Residential) district is to allow a variety of residential types to be developed in a unified manner. The district is intended to be used in the development of apartment, assisted living and other congregate living arrangements, townhome and condominium developments. If single-family and two-family residential structures are to be developed they must be developed in conjunction with multiple family residential uses.

Uses permitted in the Planned Unit Development Mixed Residential zoning district shall include:

A.

Detached single-family residential, attached, semidetached or multifamily dwellings, townhomes and condominiums, including assisted living, nursing homes and other congregate living facilities in any combination thereof;

B.

Public and institutional uses;

C.

Recreational uses;

D.

Temporary uses necessary for construction purposes;

E

Child care centers limited to the use of residents of the development.

In the Planned Unit Development Mixed Residential district, the permitted accessory uses shall be as follows:

A.

Accessory loading;

B.

Accessory parking;

C.

The following private structures: garages, tool sheds, tennis courts, swimming pools, recreational structures and other similar structures; provided conditions outlined in Sections 17.26.030(D) and (E) are met;

D.

Temporary structures for storage of equipment and materials used in conjunction with construction of a lawfully authorized use located on the property not to exceed two (2) years;

E.

Amenities for multiple-family dwellings may include:

1.

Office and lobby for administration of dwelling,

2.

Laundry room for use of occupants,

3.

One (1) house or apartment with or without kitchen facilities for the use of a manager or custodial employees and family,

4.

Coin-operated vending machines,

5.

Amusement and sports facilities including:

a.

Swimming pool,

b.

Children's playground,

c.

Tennis or other game courts,

d.

Game, recreation or meeting rooms.

The minimum parcel size to be rezoned for a Planned Unit Development Mixed Residential district shall be four (4) acres, except in the area within one-quarter (¼) mile of the boundaries of the Townsquare zoning district and for age restricted senior living developments (residents age fifty-five (55) and over) where the Planning Commission shall consider the minimum lot size proposed to be rezoned with a specific development. Additionally, there shall be provided an area of at least two thousand eight hundred (2,800) square feet for each dwelling unit. The Planning Commission may reduce this requirement to two thousand two hundred fifty (2,250) square feet per dwelling unit when it can be anticipated that the increased density will not create a significant effect on existing adjacent uses or the property is located along an arterial street. This requirement may be reduced by the Planning Commission on properties within one-quarter (¼) mile of the boundaries of the Townsquare zoning district to an area that contains no less than two thousand (2,000) square feet per dwelling unit. This requirement may also be reduced where adequate parking is provided, enhanced landscaping is undertaken and the level of amenities is substantial in the Planning Commission's opinion to provide an enhanced living environment for seniors, to an area that contains no less than two thousand (2,000) square feet per dwelling unit.

A.

Single-family detached, semi-detached, attached and multiple-family dwellings of eight (8) or fewer dwelling units shall not exceed three (3) stories in height. The height of all other multiple family dwellings and nonresidential structures shall be as approved by the Planning Commission as part of the plan and as being in conformity with the statement of objectives for the PUD.

B.

All buildings and structures shall be set back from public or private streets or road right-of-way lines, from individual lot lines where established and from the periphery of the project to comply with the following requirements:

1.

There shall be a minimum front yard setback of twenty (20) feet from a public or private street or road right-of-way line unless the Planning Commission approves a lesser setback.

2.

All buildings or structures shall be set back from the periphery boundary not less than thirty (30) feet, unless the peripheral boundary is adjacent to a public or private street or road right of way. In this case, the Planning Commission may reduce the peripheral boundary to twenty (20) feet, or if the Planning approves a balcony of deck at the rear of the building to extend into the peripheral boundary no greater than five (5) feet.

3.

All individual buildings or structures, other than single-family or two-family detached dwellings, shall be separated by a minimum distance of twenty (20) feet, unless a reduction is approved by the Planning Commission as part of the plan. Single family and two-family detached units shall be separated by a minimum of ten (10) feet.

4.

Driveway lengths shall be a minimum of thirty-six and one-half (36½) feet measured from the edge of curb to the garage door, or edge of building for two (2) car driveways, and a longer length to be approved by the Planning Commission for one (1) car driveways, when private streets or drives are proposed, unless the Planning Commission approved a shorter length with the preliminary plan.

5.

Minimum side yards for buildings or structures shall be as follows:

a.

Buildings or structures of no more than three (3) stories: Five (5) feet;

b.

Buildings or structures of more than three (3) stories: Ten (10) feet for the first three (3) stories plus eight (8) feet for each additional story;

c.

Interior attached buildings or structures: None.

6.

The side yard setback may be zero (0) on one (1) side of the lot provided that:

a.

The lot adjacent to that side yard is held under the same ownership at the time of initial construction and the minimum side yard setback for such adjacent lot is either zero (0) or not less than ten (10) feet;

b.

The opposite side yard setback is not less than ten (10) feet and is perpetually maintained free and clear from any obstructions other than a three-foot eave encroachment; swimming pools, normal landscaping, removable patio covers which extend to and not more than five (5) feet of the side property line; or garden walls or fences crossing such setback, provided they are equipped with a gate and may be equal in height to first floor double plate but not exceeding nine (9) feet;

c.

The wall located at the zero (0) side yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free decorative masonry or masonry veneer with a minimum thickness of two (2) inches. Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent side yard by the wall located at the zero (0) side yard setback. The wall so constructed shall intersect rear property lines;

d.

No portion of the dwelling or architectural features project over any property line;

e.

The dwelling is not constructed in accordance with the rear yard setback exception allowed in subsection F of this section;

f.

The zero (0) side yard is not adjacent to a public or private right-of-way.

7.

The minimum rear yard setback shall be twenty (20) feet unless the Planning Commission approves a lesser amount.

8.

The rear yard setback may be reduced to zero (0) provided that:

a.

The lot adjacent to that rear yard is held under the same ownership at the time of initial construction, and the minimum rear yard setback for such adjacent lot is either zero (0) or not less than ten (10) feet;

b.

The wall located at the zero (0) rear yard setback is constructed with maintenance-free, solid decorative masonry for the first story of the dwelling and the second story is constructed with maintenance-free decorative masonry or masonry veneer with a minimum thickness of two (2) inches. Decorative construction need not be used on that portion of the structure obscured from the vision of the adjacent rear yard by the wall located at the zero (0) rear yard setback. The wall so constructed shall intersect side property lines;

c.

No portion of the dwelling or architectural features project over any property lines;

d.

The dwelling is not constructed in accordance with the side yard setback exception allowed by subsection D of this section;

e.

The zero (0) rear yard is not adjacent to a public or private right-of-way.

A.

No individual residential building lot shall be created that has direct access to an arterial street. Each lot shall have direct access to a public or private street, constructed to public street standards of the City; provided, however, that the Planning Commission may recommend the Governing Body approve lesser standards for widths for the construction of private local residential streets.

B.

Each dwelling shall be located on either a public or private street, or permanent open space or common yard, or outer court not less than fifty (50) feet wide.

C.

Sidewalks built to City specifications shall be provided along all public and private streets, unless specifically recommended by the Planning Commission to be waived by the Governing Body. The front of a dwelling shall not face upon the rear of another, unless approved by the Planning Commission as part of the plan.

D.

No individual building elevations for single-family or two-family detached dwellings may be used for more than twenty percent (20%) of a development or for adjacent lots unless specifically approved by the Planning Commission.

Age restricted single-family developments can be combined with duplex and multifamily developments, provided the age restricted single-family residential portion conforms to the standards established in Section 17.22.

A.

General considerations. The purpose of establishing townhouse zoning, permitting separate ownership of one-family dwelling units, authorized to be grouped in such manner is to make efficient economical and aesthetic use of land.

B.

Area.

1.

Minimum size of a townhome development located in a PUDMR district shall be two and one-half (2½) acres.

2.

Minimum area platted shall not be less than two thousand (2,000) square feet per unit included in such plat. Each unit shall have its foundation on an individual site.

3.

The maximum density will not exceed ten (10) units per acre, unless a higher density is recommended for approval by the Planning Commission.

4.

Minimum unit size for each townhouse shall be seven hundred fifty (750) square feet and the average size of the townhouses in any building shall be a minimum of nine hundred (900) square feet, excluding balconies, patios, garage areas, roof areas, and decks.

C.

Yards. Minimum yard setback requirements are as follows:

1.

Front yard: Fifteen (15) feet minimum;

2.

Rear yard: Twenty (20) feet minimum;

3.

Side Yard: A minimum side yard of ten (10) feet shall be provided between the end of a building of townhouses and an interior side lot line and fifteen (15) feet between the end of such building and a public or private street, such fifteen-foot setback to be unencumbered by walls, fences or other structures or buildings. A spacing of thirty-five (35) feet shall be provided between each building of townhouses if a driveway is provided between such buildings Such separation between such buildings shall be unencumbered with walls or other structures or other obstructions which will prevent emergency vehicular access between such buildings

D.

Height: The maximum height for any townhouse shall be thirty-five (35) feet.

E.

Special considerations.

1.

Building Length. A building of townhouses shall not exceed two hundred (200) feet in length, unless a greater length is recommended for approval by the Planning Commission.

2.

Street Access. Each building or cluster of townhouse sites must have a clear, direct access to public or private streets.

3.

Street Right-of-way Width and Improvements. The right-of-way width of streets serving a building of townhouses and the improvements therein shall conform to all applicable minimum City standards and requirements for such streets.

F.

Utilities and Services. Each townhouse shall be independently served by separate heating, air conditioning, sewer, water, electric power, gas and other facility and utility services, wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such services or utility lines located within another unit or on or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to public water and sewer lines and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access for firefighting purposes, and access to service areas to provide garbage and waste collection, and for other necessary services shall be provided.

G.

Patios and service areas. There shall be provided on each townhouse site at least one hundred fifty (150) square feet of patio living area exclusive of parking and service areas for each townhouse; such footage may consist of one (1) or more patio, balconies or roof areas.

H.

Walls. All patio or outdoor living areas on each townhouse site shall be enclosed by a wall affording complete screening except in cases where a natural feature of the site would suggest a special exception, which shall be determined by review of the site plan for the development. Such wall shall be of masonry or other material having a life expectancy of not less than ten (10) years and the minimum height of such wall shall be six (6) feet; such walled-in patio may include a screen roof.

I.

No accessory structure shall be permitted in unwalled or unscreened areas on sites containing a townhouse, and where located within an area enclosed with walls, shall not extend above the height of the walls.

J.

Common areas. In addition to the area required for each unit site, an area consisting of the greater of:

1.

The difference in area between five thousand (5,000) square feet and the square foot area for each unit site; or

2.

Twenty percent (20%) of the gross land area of the town-house development, shall be provided along with such other lands commonly owned and permanently maintained open space.

K.

Maintenance of common areas. Provisions satisfactory to the Governing Body shall be made to assure that nonpublic areas and facilities for common use of townhouse development occupants shall be maintained in a satisfactory manner without City expense.

The intent of the PUDOC district is to allow a mixture of these uses in a unified manner in buildings of various heights, varied setbacks, and access to lots using private streets or access easements, or via direct access to a public street.

Uses permitted by right in the PUDOC district shall include:

A.

Uses permitted under in the PO (Professional Office) and CN (Commercial Neighborhood) zoning districts,

B.

Hospitality uses permitted in the CH (Commercial Highway) zoning district.

C.

Uses requiring a special use permit in the PO and CN zoning districts may be recommended by the Planning Commission and approved by the Governing Body to be allowed in a PUDOC district.

D.

Public and institutional uses;

E.

Commercial recreation uses, provided such uses are adequately screened or within an enclosed building;

F.

Temporary uses necessary for construction purposes.

In the PUDOC district, permitted accessory uses shall be as follows:

A.

Accessory storage of retail goods to be sold or delivered to customers on the premises;

B.

Accessory servicing of goods;

C.

Living quarters with or without kitchen facilities for the use of the hotel/motel manager or caretaker and their family located within the hotel/motel;

D.

Amusement and sports facilities for the exclusive use of hotel/motel guests including:

1.

Swimming pool,

2.

Children's Playground,

3.

Tennis or other game sports;

4.

Game or recreation courts;

E.

Restaurants, coffee shops, and cafeterias located within the hotel or motel.

F.

Premises licensed for the sale or serving of alcoholic liquor pursuant to the Drinking Establishment Act, or any amendments thereto, in conjunction with hotels and motels.

A.

The minimum parcel size to be rezoned for a PUDOC district shall be four (4) acres.

B.

The minimum requirements may be reduced by up to fifty percent (50%) for a planned office and commercial district, if the applicant can demonstrate that, due to unusual topographical conditions, limitations of access or proximity to an existing planned unit development, reduction of the minimum requirements to allow a planned unit development would be in the public interest. In requesting a reduction of the minimum requirements the applicant shall also demonstrate that the requested reduction would not create conditions leading to a continuous lineal extension of commercial usage or encroachment into an established residential area.

C.

No individual commercial building lot shall be created that contains less than fifteen thousand (15,000) square feet, or that has a frontage of less than one hundred (100) feet or that has a depth of less than one hundred fifty (150) feet, unless the Planning Commission recommends a reduction.

A.

The building height of all buildings and structures shall be as recommended by the Planning Commission and approved by the Governing Body as part of the plan, as being in conformity with the statement of objectives for a PUD.

B.

All buildings and structures three (3) stories or less in height shall be set back from public or private street or road right-of-way lines, from individual lot lines where established, and from the periphery of the project to comply with the following requirements:

1.

There shall be a minimum front yard setback of twenty-five (25) feet from public street or road right-of-way lines and fifteen (15) feet from any private street or road right-of-way line, unless the Planning Commission approves a lesser setback.

2.

All buildings or structures shall be set back from the periphery boundary not less than thirty (30) feet, unless the peripheral boundary is adjacent to a public or private street or road right of way. In this case, the Planning Commission may reduce the peripheral boundary to twenty (20) feet.

3.

Minimum side yard setbacks shall be provided where buildings or structures are to be developed as follows:

a.

Detached or semidetached buildings or structures: Fifteen (15) feet;

b.

Interior attached buildings or structures: None.

C.

Buildings or structures of more than three (3) stories in height shall be set back from the front, side or rear lot line or periphery boundary line a distance equal to the required yard as set forth in this section plus five (5) feet for each additional story over three (3).

D.

The minimum rear yard setback shall be thirty (30) feet.

A.

Any use permitted in the PUDOC district within twenty-five (25) feet of a residential district, including PUDMR, boundary shall be screened along such plot line.

B.

All retail sales and service establishments and accessory storage and servicing of goods hall be within completely enclosed buildings. No production of goods is permitted and all processing and serving of goods shall be limited to fifty percent (50%) of the floor area.

C.

The building setback for the canopy of any business engaged in the dispersement of gasoline shall be measured from the edge of the canopy. Any floodlighting shall be arranged so that there will be no glare of lights toward a residential district boundary, or adjacent street.

D.

Animal hospitals, veterinary offices and in-hospital boarding facilities shall not have any outdoor kennels or runs.

E.

Outdoor seasonal display may be allowed provided the display is in conformance with the conditions established in Section 17.38.030.

F.

Sidewalks in areas where the potential for outdoor dining exists shall be at least twenty (20) feet in width to provide adequate space for both the dining area and pedestrian traffic.

G.

At least fifteen percent (15%) of the total area shall be devoted to open spaces. This open space shall be devoted to plazas, courts, parks, outdoor seating areas, or other landscaped areas.

H.

Additional conditions deemed appropriate and recommended by the Planning Commission and approved by the Governing Body may be imposed upon the development to ensure the suitability of mixed-uses and the design of the specific PUD. This may include timing and square footage requirement thresholds in phases of the development to ensure the project is developed in the manner proposed, and desired by the City.

The intent of the PUDMX district is to establish a zoning classification which permits planned developments that include a mixture of residential, commercial, office and cultural uses in a single structure or multiple structures and that incorporate a coordinated, consistent theme throughout the development in its pedestrian and vehicular access ways. It is the purpose of these regulations to encourage a mixed-use, pedestrian oriented development within unified projects located in proximity to designated major roadways and intersections. The PUDMX district allows for traditional town center marketplace development and other coordinated pedestrian oriented mixed-use development by authorizing interrelated uses and structures with specific additional regulation of design, architecture, lighting, green spaces and other site requirements appropriate to ensure the location of employment and retail centers in proximity to higher density housing.

Permitted land uses and ratio of uses in the PUDMX district shall be established in the rezoning ordinance creating the district. Specific uses may include uses designated as Permitted or Special Uses in the Commercial Neighborhood, Professional Office and Planned Unit Development Mixed Residential zoning districts, as well as any additional hotel and hospitality used permitted in the Commercial Highway zoning district, as well as other uses permitted in the CH district identified on the originally approved plan, provided these uses shall not include those CH uses that are also permitted or allowed by right or by special use permit in the PI zoning district. Selected other uses to be permitted may also be established as a condition of approval for the rezoning of the property. Each PUDMX district shall include a mix of both multi-family residential and commercial/office uses, with not less than twenty percent (20%) of the total gross floor area constructed dedicated to residential uses. The Planning Commission and Governing Body, during their review of the project, after taking into consideration the commercial, office and cultural uses proposed, may reduce the residential component to fifteen percent (15%) of the gross floor area given the nature of the type of residential units to be constructed, when a substantially equal number of residential units may be provided.

In the PUDMX district, permitted accessory uses shall be as follows:

A.

Accessory storage of retail goods to be sold or delivered to customers on the premises;

B.

Accessory servicing of goods;

C.

Living quarters with or without kitchen facilities for the use of the hotel/motel manager or caretaker and their family located within the hotel/motel;

D.

Amusement and sports facilities for the exclusive use of hotel/motel guests including:

1.

Swimming pool,

2.

Children's Playground,

3.

Tennis or other game sports;

4.

Game or recreation courts;

E.

Restaurants, coffee shops, and cafeterias located within the hotel or motel; and

F.

Premises licensed for the sale or serving of alcoholic liquor pursuant to the Drinking Establishment Act, or any amendments thereto, in conjunction with hotels and motels.

A.

The minimum parcel size to be rezoned for a PUDMX district shall be ten (10) acres.

B.

The minimum lot size, except as otherwise stated in these regulations shall be ten thousand (10,000) square feet.

C.

The minimum frontage of the PUD along a public or private shall be two hundred (200) feet, although the Planning Commission may reduce this frontage requirement to one hundred (100) feet if a proposed development is adjacent to an existing planned mixed residential district, and the proposed development is unified in its development proposal.

D.

Detached single family residential structures constructed as part of this district along the I-435 corridor shall have a minimum lot width of fifty (50) feet, and a minimum lot size of five thousand (5,000) square feet. In all other locations the lot size and frontage requirements of the planned single family district shall apply.

A.

There shall be a peripheral boundary of thirty (30) feet for all structures established around the perimeter of the zoning district with the following exceptions:

1.

When a PUDMX district is proposed which contains a common boundary with an existing district, the building setback along the common property line may be reduced to twenty (20) feet.

2.

When the peripheral boundary is adjacent to property currently zoned or used for single family residential uses, or is located adjacent to property indicated in the Comprehensive Plan as appropriate for low density residential development, the peripheral boundary shall be seventy-five (75) feet, however, the Planning Commission may recommend a reduction to fifty (50) feet provided adequate forms of buffering and landscaping is provided.

3.

All buildings or structures shall be setback at least twenty (20) feet from the property line, however, the Planning Commission in approving the preliminary development plan may reduce the twenty-foot setback to any distance from the property line.

4.

Interior property line setbacks shall be ten (10) feet, unless a common wall is provided at the lot line.

5.

Individual buildings shall maintain a separation of twenty (20) feet, however public safety officials may require a greater setback for buildings exceeding three (3) stories in height, or the Planning Commission may permit a lesser separation if the fire code and building code regulations will permit the lesser separation.

6.

Surface parking setbacks for front, side and rear yards on the periphery of the site shall be twenty-five (25) feet, parking setbacks for interior property lines shall be ten (10) feet, unless the interior property is an extension of a property line which forms a common wall.

7.

Loading and service area setbacks shall be located no closer than one hundred (100) feet from any residentially zoned property, and shall be designed to be screened from view of a public or private street, and from any property in a residential zoning district.

B.

A maximum floor area ratio of 0.25 is allowed. The floor area ratio for this district shall be calculated using the full square footage amount of commercial space (office and retail) and a twenty-five percent (25%) discount of the square footage of residential space, divided by the square footage of the entire site (including any dedicated right-of-way). A discount of up to fifty-five percent (55%) of the square footage of residential space may be recommended by staff and the Planning Commission and will be subject to Governing Body approval.

C.

The maximum structure height requirement for the development shall be established upon approval of the site plan, and may include maximum requirements per structure.

D.

The minimum front yard setback for detached single family residential structures shall be twenty (20) feet, minimum side yard setback shall be five (5) feet, and the minimum rear yard setback shall be twenty-five (25) feet. However, these minimum requirements shall not apply if they occur along the peripheral boundary, when the minimum setback shall be thirty (30) feet. Setback requirements for duplex and multi-family buildings that are solely residential structures shall be as provided in the planned mixed residential requirements, however, multi-family structures that exceed three (3) stories in height may vary from these requirements.

A.

Not less than twenty percent (20%) of the floor area shall be designed for residential use, unless a reduction is recommended by the Planning Commission and approved by the Governing Body as noted in Section 17.54.410. Not less than thirty percent (30%) of the floor area shall be designed for commercial and office uses.

B.

The minimum residential unit size shall be one thousand (1,000) square feet for at least eighty percent (80%) of the units; and not less than seven hundred fifty (750) square feet for all remaining units.

C.

In order to assure that a mixed use development which occurs in phased developments, residential units shall be included in the first phase and in each subsequent phase in proportion to the area of the overall development being constructed in each phase.

D.

No individual building elevations for single-family or two-family detached dwellings may be used for more than twenty percent (20%) of a development or for adjacent lots unless specifically approved by the Planning Commission.

E.

The residential density of the project is subject to the Plan approved by the Planning Commission and the Governing Body. Unless recommended by the Planning Commission, the area contained in the residential portion of the plan shall contain a minimum two thousand two hundred fifty (2,250) square feet per dwelling unit, or two thousand (2,000) square feet per dwelling unit if the property is located within one-quarter (¼) mile of the boundaries of the Townsquare zoning district or is a senior living development, or if the residential building is four (4) stories or greater in height, eight hundred (800) square feet per dwelling unit shall be provided. The Planning Commission may further increase or decrease the required lot area for multi-story mixed use structures that are located in the Townsquare zoning district along Nieman Road. The calculation may include land remaining within the 100-year floodplain elevation, as identified in the most recent FEMA floodplain map. The density requirement is not meant to apply to hotel uses.

F.

At least twenty percent (20%) of the lot area shall be devoted to open spaces. This open space shall be devoted to plazas, courts, parks, outdoor seating, or other landscaped areas.

G.

Sidewalks in areas where the potential for outdoor dining exists shall be at least twenty (20) feet in width to provide adequate space for both the dining area and pedestrian traffic.

H.

Any use permitted in this district within twenty-five (25) feet of a residential district boundary shall be screened along such plot line.

I.

All retail sales and service establishments and accessory storage and servicing of goods hall be within completely enclosed buildings. No production of goods is permitted and all processing and serving of goods shall be limited to fifty percent (50%) of the floor area.

J.

The building setback for the canopy of any business engaged in the dispersement of gasoline shall be measured from the edge of the canopy. Any floodlighting shall be arranged so that there will be no glare of lights toward a residential district boundary, or adjacent street.

K.

Animal hospitals, veterinary offices and in-hospital boarding facilities shall not have any outdoor kennels or runs.

L.

Outdoor seasonal display may be allowed provided the display is in conformance with the conditions established in Section 17.38.030.

M.

Additional conditions deemed appropriate and recommended by the Planning Commission and approved by the Governing Body may be imposed upon the development to ensure the suitability of mixed-uses and the design of the specific development. This may include timing and square footage requirement thresholds in phases of the development to ensure the project is developed in the manner proposed, and desired by the City.

The PUDBP zoning district is intended to allow a mix of office, light industrial and limited retail and service uses in a business park setting. This district is designed to provide for low to medium density, high-quality development with amenities for employees and open spaces.

In the PUDBP zoning district, the uses permitted by right are listed in Chapter 17.51, Table of General Uses, for the Planned Industrial and Professional Office zoning districts, and may be further limited in creation of the district as to their intensity and location within the district. Uses listed as requiring a special use permit is the PI and PO zoning districts may be permitted provided they are allowed when the preliminary development plan is approved. Specific commercial uses may be permitted within the district as established as a condition of approval of the zoning.

In the PUDBP, permitted accessory uses shall be as follows:

A.

Sales and display floor areas not exceeding twenty-five percent (25%) of the gross floor area of the main use, and in no event shall such areas exceed seven thousand five hundred (7,500) square feet, unless approved by the Planning Commission for the following:

1.

Sales of commodities manufactured, processed, fabricated, assembled, warehoused or stored on the premises.

B.

Sales and repair of business machines or office supplies, sales and repair.

C.

Appliances, sales and repair.

D.

Electronics, sales and repair.

E.

Temporary structures for storage of equipment and materials used in connection of a lawfully authorized use on the site for a period not to exceed two (2) years. Structures shall not be placed in front yard areas.

A.

The minimum parcel size to be rezoned for a PUDBP district shall be fifteen (15) acres.

B.

The minimum lot size shall be ten thousand (10,000) square feet.

C.

Each lot shall have at least one hundred (100) feet of frontage directly abutting a public or private street, unless waived by the Planning Commission in approval of the preliminary development plan.

A.

The maximum building height in the PUDBP zoning district is sixty (60) feet, unless a taller height is approved for specific buildings contained in the approved development plan. The maximum height of other structures, except telecommunications towers, which are subject to a special use permit, shall be one hundred (100) feet, provided such structure is setback from all property lines a distance equal to or greater than its height.

B.

The minimum setback regulations in the PBP zoning district are as follows:

1.

All buildings or structures for uses allowed in the PO (Professional Office) zoning district shall be setback a minimum of fifty (50) feet and those buildings and structures for uses allowed in the PI (Planned Industrial) zoning district shall be setback back a minimum of one hundred (100) feet from the property line of any residentially zoned property, where such property is already developed or platted for residential use or is designated for residential uses on the City's Land Use Guide.

2.

All buildings shall be setback a minimum of fifty (50) feet from any public street right of way forming the peripheral boundary line of the business park.

3.

All buildings or structures shall be set back a minimum of twenty (20) feet from any peripheral property line other than a street right-of-way line or residentially zoned or residentially designated property.

4.

All buildings or structures shall be setback a minimum of thirty (30) feet from any internal street right-of-way.

5.

All parking areas shall be set back a minimum of thirty (30) feet from any street right-of-way.

6.

All parking areas shall be setback a minimum of thirty (30) feet from the property line of any residentially zoned property where such property is already developed for residential use or is designated for residential on the City's current Land Use Guide.

In the PUDBP district, additional use regulations shall be as follows:

A.

At least twenty percent (20%) of the site shall be provided as open space, clear of buildings and paved surfaces.

B.

All parking areas shall be setback a minimum of thirty (30) feet from the property line of any residentially zoned property, where such property is already developed for residential use or is designated for residential uses in the City's Comprehensive Plan.

C.

All operations shall be conducted within a fully enclosed building.

D.

There shall be no outside storage of materials, products or equipment, other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless such outside storage is specifically approved as part of the site plan.

E.

No use shall be permitted or so operated as to produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1 if the source of such emission is not located within two hundred fifty (250) feet of residentially zoned property.

F.

No emission of air contaminants from any source within the boundaries of any lot or tract shall exceed emission rates established by the Kansas Secretary of Health and Environment and other general performance standards established in Chapter 17.58.

G.

No loading dock shall be permitted to face any street unless a screening plan is approved as part of the site plan. No portion of the loading space, including maneuvering areas, except to necessary drives, shall be located closed than thirty (30) feet from a public right-of-way.

H.

All parking areas shall be set back a minimum of ten (10) feet from any peripheral property line other than a street right-of-way line or residentially zoned property.

I.

All buildings, structures or parking areas shall be set back a minimum of six (6) feet from the lot line of any lot within the business park where such lot line does not abut a street right-of-way or the property line of another property other than the business park property, unless a common parking lot or facility is provided that is shared by multiple parcels of property.

J.

Additional conditions deemed appropriate and recommended by the Planning Commission and approved by the Governing Body may be imposed upon the development to ensure the suitability of mixed-uses and the design of the specific development. This may include timing and square footage requirement thresholds in phases of the development to ensure the project is developed in the manner proposed, and desired by the City.

The intent of the PUDGU is to afford an opportunity to blend residential structures or dwelling units in a unified plan with office, retail, light industrial and recreation structures or uses, on a large scale primarily planned to supplement each other. This district will generally combine all the uses that would be found in the PUDMX district and the PUDBP district.

The uses permitted by right in the PUDGU district are those allowed in Section 17.54.410 in the PUDMX district and Section 17.54.510 in the PUDBP district subject to the approval of the specific uses in the preliminary development plan.

In the PUDGU district, the permitted accessory uses shall be those listed in Section 17.54.420 and Section 17.54.520.

The minimum parcel size to be rezoned for a PUDGU district shall be eighty (80) acres.

A.

When a PUDGU district is proposed which contains a common boundary with an existing PUDGU, the building setback along the common property line shall be twenty (20) feet.

B.

Residential, commercial, recreational, and office uses shall conform to the bulk regulations in subsections 17.54.440A.2—7.

C.

Industrial uses shall conform to the bulk regulations in Section 17.54.540B.

D.

Building Heights. There shall be no maximum building heights except as may be determined by the Planning Commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. Building height within a planned unit development may differ from parcel to parcel, but in no instance shall building heights within a parcel exceed the height generally permitted for similar uses within the conventional zoning district wherein the use would normally be located. A lesser height may be established by the Planning Commission when it is deemed appropriate to provide adequate light and air to adjacent property and to protect the visual quality of the community.

The purpose of the PUDGU is to provide a balance of housing, employment and recreational uses to lessen the dependency of residents on automobile travel for their needs and to provide a living and working area having the qualities of a self-sustaining community. Therefore, a planned general development shall adhere to the following land use mix standards:

A.

Residential development shall not exceed seventy-five percent (75%) of the total area of the development. Not over seventy-five percent (75%) of such residential area shall be for single-family detached residences nor shall more than eighty percent (80%) of such area be developed for single-family attached or multiple-family residences.

B.

Business and industrial areas shall not exceed forty percent (40%) of the total Development area.

C.

Open space-recreational (public or private) areas shall be included, having an area equal to at least fifteen percent (15%) of the area reserved for residential use, excluding public streets.

D.

School land areas shall not be included in making the computation of percentages in subsections A, B and C of this section. Other land areas may be excluded on a showing that such inclusion would destroy the intent to achieve a balanced mix of uses.

The residential density of PUDGUs shall not exceed ten (10) dwelling units per net residential acre of the development. The net residential acreage shall be determined by subtracting from the total development acreage the areas set aside for commercial or industrial development, as well as any other areas not retained for the exclusive use and benefit of the residents in the PUD.

A.

Ground Coverage. Maximum ground coverage per individual building parcel shall not exceed:

1.

Fifty percent (50%) for housing, except that attached single-family may be one hundred percent (100%);

2.

Forty percent (40%) for office and commercial;

3.

Sixty-seven percent (67%) for industrial.

B.

For the purpose of the computation set out in subsection A of this section, a parcel is defined as an individual lot or tract of land intended to serve as the building site for one (1) primary building and does not include common open space areas.

C.

Minimum Floor Area.

1.

The minimum floor area for residential dwellings shall be as follows, unless a reduction is approved by the Planning Commission:

MINIMUM GROUND FLOOR AREA

2.

For the purposes of this section, floor area is defined as the square-foot area of a dwelling measured from outside wall surfaces, or from the centerline of a wall separating two (2) dwellings, but excluding garages, porches, furnaces or utility rooms, any area not fully enclosed, or any space where the floor-to-ceiling height is less than seven and one-half (7½) feet.

D.

Floor Area Ratio. The maximum allowable floor area ratio shall be:

1.

.5 for single-family and two-family detached dwellings;

2.

3.0 for single-family attached dwelling;

3.

1.0 for multifamily dwellings;

4.

.5 for offices and commercial;

5.

2.5 for industrial.

In the PUDGU district, additional use regulations shall be as follows:

A.

Residential, commercial, recreational, and office uses shall conform to the additional use regulations in Sections 17.54.450(C) and (D), and (G) thru (M).

B.

Industrial uses shall conform to the additional use regulations in Sections 17.54.550(B) thru (J).

Before submitting an application for any planned unit development, the applicant or the authorized representative shall confer with the director of planning and City staff. At the pre-application meeting information shall be submitted in schematic or written form, of sufficient detail to show general conformance to the Comprehensive Plan and to the requirements for a planned unit development district. No statement or representation by the director of planning or City staff shall be binding upon the City. Staff shall advise the applicant of revisions that will be required for submittal that meet the requirements of the PUD and Preliminary Development Plan checklist. Additional pre-application meetings will be held to refine the submission and discuss the application process. A pre-submittal conference will be held to review the proposed submittal and indicate items to be provided for a complete application.

Application for rezoning to a PUD district and approval of a preliminary development plan shall be made to the City upon appropriate forms available from the planning department. Such application shall be made in accordance with the established cut-off dates after the pre-submittal meeting has been held. The application shall be accompanied by:

A.

The appropriate fee made payable to the City, no part of which shall be returned to the applicant;

B.

A list, certified by a title or abstract company or the Johnson County Records and Tax Administration Office, of property owners within two hundred (200) feet of the exterior boundaries of the area proposed in the PUD.

C.

Fourteen (14) copies of the preliminary development plan and supporting documents.

An application for approval of a PUD shall constitute the filing of an application for rezoning to the appropriate PUDD by the applicant in the same manner prescribed for amending the zoning ordinance by Section 17.92.030. The Governing Body and the Planning Commission shall follow the same procedures as required by Section 17.92.030, for adoption of this title, or an amendment thereto, in the establishment of the PUDD. The requirements for notice and advertisement of public hearings and the procedures for protests to the establishment of such a PUDD shall be the same as provided for in Section 17.92.030.

Approval of the preliminary development plan by the Planning Commission and the Governing Body shall constitute approval of a preliminary plat of the entire site and a preliminary site plan for the PUD. An overall conceptual plan may be approved for the portion of the proposed PUD not included in the submitted site plan. Site plan approval must be obtained for any portions contained in the conceptual plan, and the site plans submitted shall conform to the previously approved concept plan.

An applicant, seeking the establishment of a PUDD, shall prepare and submit to the Community Development Department, a preliminary development plan.

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

A.

All items required for submittal of a preliminary plat, and the preliminary plat checklist.

B.

All items required for the submittal of a preliminary site plan, and the preliminary site plan checklist. The preliminary site plan shall include the proposed development for the entire site requested to be rezoned.

C.

A land restriction map identifying all land that is undevelopable or is restricted land.

1.

Undevelopable land shall include all land subject to periodic flooding, or the 100-year flood when delineated; or shall have a slope greater than twenty-five percent (25%) with a soil condition subject to erosion.

2.

Restricted land shall be either land with established vegetation subject to desirable preservation; land designated as historical and subject to further regulation; land proposed to be dedicated to the public for streets, sidewalks, storm drainage utility, as park land or other easements for public improvements or other public uses; public capital improvements; or land designated as a scenic area. These conditions must be based on the comprehensive plan, capital improvement program, or other documents on file and approved by the Governing Body.

3.

Undevelopable land may be used to meet open space requirements. Restricted land may be used in determining the number of acres suitable for development, but its use for buildings may be restricted by reasonable conditions deemed appropriate and recommended by the Planning Commission and approved by the Governing Body.

D.

A narrative statement providing the following:

1.

A schedule showing the proposed time and sequence within which the applications for final approval of all portions of the PUD are intended to be filed. The Planning Commission may either approve or require modification of the submitted development time schedule. The development phases as shown on the time schedule shall also be indicated on the plan;

2.

For the entire project and for each development phase, a summary of the total number of units of each type of use, number of dwelling units, the acreage devoted to all major land uses, the acreage of public lands and areas proposed for public ownership, the acreage of the total area proposed to be developed and the overall net density of the development;

3.

A statement as to the character and size of all structures proposed for the development, including the use, height and gross floor area of the buildings. This information shall also be indicated on the site plan for each individual building proposed to be constructed;

4.

A statement by the applicant setting forth the reasons why, in his opinion, a PUD would be in the public interest and would be consistent with the statement of objectives for PUD districts;

5.

A statement as to the proposed disposition of sanitary waste and storm water, and how all utilities are to be provided including sewerage, water, storm drainage, gas and electricity and how completion of all improvements is to be guaranteed;

6.

A statement as to the form of ownership proposed to own and maintain the common open space, recreation facilities, non-encroachable area and any other area within the area proposed to be developed that is to be retained primarily for the exclusive use and benefit of the residents;

7.

A statement as to the substance of the covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities and other public uses;

8.

A statement specifying any requested variances, modifications, reductions or waivers, which are allowed by this chapter that are being requested as part of the development plan approval and setting forth reasons why, in the opinion of the applicant, such should be allowed.

A preliminary development plan shall identify all proposed land use to such detail as to identify the nature, character and intensity of use of the development, and shall include the following as well as information included in the preliminary plat, preliminary site plan, and planned unit development district checklists.

Supplemental reports summarized in text supporting the preliminary development plan may be required by the director and may include the following:

A.

An evaluation of the natural limitations affecting the site including the impact on adjoining solar use and how these were incorporated in the development plan;

B.

A population and economic impact evaluation showing the projected population, projected work force, probable employment by location and when applicable the estimated employment to be created by the development;

C.

A public impact evaluation showing the probable impact upon public services, showing those services which will need to be expanded, enlarged or otherwise improved to service the development;

D.

A traffic impact analysis showing the probable impact resulting from the development; including the projected number of motor vehicular trips to enter and depart the site for an average day and peak hour; the projected impact the traffic will have on existing streets; and an analysis of the proposed improvements that will be necessary to all roads;

E.

A utilities impact evaluation shall be provided showing the daily and peak hour demands for water, sewage disposal and storm water drainage;

F.

An analysis of common open space and how much space will be maintained and how such cost will be assessed to the development;

G.

If the development of the site will take place over more than one (1) year, a development schedule shall be submitted showing how the development will be staged both in respect to construction and sales or rentals. Also a schedule of how the construction of public improvements will coincide with private development.

H.

A photometric study indicating the intensity of lighting and glare on the site and within two hundred (200) feet of the boundaries of the site.

A.

The Planning Commission shall, following the conclusion of the public hearing, recommend to the Governing Body:

1.

Approval of the rezoning including the preliminary development plan;

2.

Approval subject to specified conditions not included in the preliminary development plan submitted; or

3.

Denial of the application for rezoning. If approval is recommended, either of the preliminary development plan as submitted or of the preliminary development plan with conditions. The Planning Commission shall set forth the drawings, specifications, comments, and conditions, if any, that shall accompany an application for a final development plan (final plat and final site plan) approval, and for preliminary development site plan approval for any conceptual portions of the preliminary development plan.

B.

The Governing Body upon receipt of the recommendation of the Planning Commission shall follow the same procedures as required by Section 17.92.030(E). The preliminary development plan shall be incorporated by reference in the rezoning ordinance if the rezoning is approved, and the zoning map amended to identify the location of the PUDD.

A.

Approval by the Governing Body of a preliminary development plan shall constitute an amendment to this title establishing the appropriate planned unit development district, and that district shall be noted on the official zoning map.

B.

The applicant shall be given written notice of the actions of the Planning Commission and the Governing Body.

C.

Approval of a preliminary development plan shall not qualify as approval of a final plat for recording. A preliminary development plan which has been approved, provided the landowner has not defaulted nor violated any conditions of approval, and an application for final development plan approval is filed according to any conditions specified in granting of approval, shall not be modified or revoked or otherwise impaired by the action of the City without the consent of the landowner.

D.

If the landowner and/or applicant chooses to abandon a plan that has been given approval, he may do so prior to final approval provided he notifies the Planning Commission in writing. In the event of such abandonment or if the landowner and/or applicant fails to file an application or applications for final approval within the required time period then the Planning Commission or Governing Body may initiate a rezoning of the property and shall notify the landowner that a hearing will be held in accordance with the established procedure to change the zoning to an appropriate zoning classification.

E.

Within fifteen (15) days after approval of a preliminary development plan by the Governing Body, the applicant shall file with the Johnson County Records and Tax Administration Office a statement that such a plan has been filed with the Planning Commission and has been approved and that such planned unit development is applicable to certain specified legally described land and that copies of such plan are on file in the office of the Community Development Director. Such statement recorded with the Johnson County Records and Tax Administration Office shall also specify the nature of the plan, the proposed density or intensity of land use and other pertinent information sufficient to notify any prospective purchasers or users of the land of the existence of such a plan.

F.

The recorded statement shall specify that the preliminary development plan shall become binding upon all successors and assigns unless amended in conformance with this chapter. Substantial or significant changes in the planned unit development shall be made only after rehearing and re-approval of the preliminary plan or by change in the zoning district in which located under the terms and procedures specified in this title. The applicant shall be responsible for all costs incurred in filing such statement.

A.

Before any occupancy or building permit shall be issued, or before any development of land shall take place, a final development plan that may consist of a final plat and a final site plan for a building which was part of a conceptual site plan approval with the preliminary development plan, and the specific elevations, landscaping and other common features of a site plan were not specifically approved, and a final plat and final site plan for a portion of the area included in approval of the preliminary development plan shall be submitted for approval. Such plan may be submitted for all of the land included within the PUDD, or for portions thereof as submitted in the development schedule approved as part of the preliminary development plan.

B.

A final development plan shall be in the form of a final plat and/or specific final site plan.

C.

A final plat or final site plan for an area included in concept in the preliminary development plan submitted for final approval shall be in substantial conformity with the plan previously given approval. A public hearing on the application for approval of the final development plan or part thereof shall not be required provided that the final development plan or part thereof submitted for approval is in substantial compliance with the approved preliminary development plan.

1.

Modifications by the applicant of an approved preliminary development plan that does not substantially differ from the approved preliminary development plan shall not:

a.

Vary the proposed gross residential density or intensity of use by more than five percent (5%) or involve a reduction in the area set aside for common open space, open air recreation area or non-encroachable area, nor the substantial relocation of such areas;

b.

Increase by more than ten percent (10%) the floor area proposed for nonresidential uses;

c.

Increase by more than five percent (5%) the total ground area covered by buildings nor involve a change in the height of buildings exceeding ten percent (10%);

d.

Changes the architectural style which will make the project less compatible with surrounding uses, or less compatible with portions of the development already constructed;

e.

Changes in ownership patterns or stages of construction that will lead to a different development concept;

f.

Modify the conditions of approval determined by the Planning Commission to be significant.

2.

A public hearing need not be held to consider modifications on location and design of streets or facilities for water, storm water, sanitary sewers or other public facilities required as a condition of approval of the preliminary development plan. The burden shall, nevertheless, be upon the applicant to show the approving authority good cause for any variation between the preliminary plan previously approved and the final plan submitted for approval.

3.

If the final development plan submitted for approval is not in substantial compliance with the approved preliminary development plan, or if modifications to the final development plan exceed the limits specified above, then a public hearing on the application for final development plan approval shall be required. The approving authority as specified in subsection G of this section shall determine whether a final development plan submitted for approval is in substantial compliance with the approved preliminary plan.

D.

Action on a final development plan by the approving authority shall occur within forty-five (45) days of the filing of the plan; provided, however, if the plan as submitted contains variations from the previously approved preliminary development plan, the approving authority may, after meeting with the applicant, refuse to grant approval and shall so advise the applicant in writing of such refusal, setting forth the reasons such variations are not in the public interest. The applicant may either, treat the refusal as a denial of final approval and resubmit the final development plan in accordance with the request of the approving authority, or the applicant may notify the approving authority within forty-five (45) days of notice of the date of refusal, his or her notice to appeal the decision of the approving authority. In the event such an appeal is filed, the approving authority shall schedule a public hearing before the Planning Commission, giving the same notice as is required for preliminary plan approval. After the public hearing by the Planning Commission and in the event the applicant is not in agreement with the decision of the Planning Commission, the applicant may request within thirty (30) days that the application for final development plan approval be submitted to the Governing Body for final decision. Any reason for disapproval of the final development plan by the Planning Commission or the Governing Body shall be set forth in full.

E.

A final development plan in the form of a final plat or any part thereof which has been given approval by the Governing Body, or upon appeal to the Planning Commission or to the Governing Body, shall be so certified by the chairperson of the Planning Commission, and shall be filed on record with the Johnson County Records and Tax Administration Office immediately following the satisfying of all conditions of approval. In the event that a final development plan or portion thereof is given approval and thereafter the applicant decides to abandon the plan or portion thereof, he shall notify the City in writing; or in the event the applicant shall fail to commence the development within three (3) years after final development plan approval has been granted, then in either event such approval shall terminate and shall be deemed null and void unless such time period is extended by the Planning Commission upon written application by the applicant. Whenever a final development plan or section thereof has been abandoned as provided in this section, no development shall take place on the property until a new final development plan has been approved, or the property is rezoned to another classification.

F.

The applicant shall file the final development plan which is in the form of a final plat, and all supportive documents concerning the PUD with the Johnson County Records and Tax Administration Office. The applicant shall be responsible for all costs incurred in such filing.

G.

The approving authority for a final development plan shall be the Planning Commission for final development plans consisting of a site plat and a final plat, and the Governing Body in accepting the dedications on a final plat.

H.

Following the approval of a final development plan (specific site plan and/or final plat), a statement acknowledging that a final development plan has been approved for the property shall be filed with the Johnson County Records and Tax Administration Office. The statement shall be recorded in accordance with the forms and procedures established by the City and shall contain the following information:

1.

A legal description to the property.

2.

A statement that the restrictions on development and the responsibility for continuing maintenance and compliance with the final development plan shall be binding upon all successors and assigns unless the plan is amended in conformance with the procedures set forth in Section 17.54.850.

To further the mutual interest of the residents and owners of the PUD and of the public in the preservation of the integrity of the plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provision of the plan as finally approved, whether recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:

A.

Enforcement by the City. The provisions of the plan relating to: (1) Use of land and the use, height, bulk, area and location of buildings and structures, (2) the quality and location of common open space, except as provided in Section 17.54.150, and (3) the intensity of use or the density of residential units, shall run in favor of the City and shall be enforceable in law or in equity by the City, without limitation on any powers or regulation otherwise granted the City by law.

B.

Enforcement by the Residents and Owners. All provisions of the plan shall run in favor of the residents and owners of the planned unit development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to that extent such provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by such residents and owners, acting individually, jointly or through an agency designated in the plan to act on their behalf. However, no provisions of the plan shall be implied to exist in favor of residents and owners of the planned unit development except as to those portions of the plan which have been finally approved and have been recorded.

C.

Modification of the Plan by the City. All those provisions of the plan authorized to be enforced by the City under this title may be modified, removed or released by the City, except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:

1.

No such modification, removal or release of the provisions of the plan by the City shall affect the rights of the residents and owners of the planned unit development to maintain and enforce those provisions, at law or equity, as provided in this title.

2.

No modification, removal or release of the provisions of the plan by the City shall be permitted except upon a finding by the Planning Commission, following a public hearing called and held in accordance with the provisions of this title, that the same is consistent with the efficient development and preservation of the entire PUD, does not adversely affect either the land abutting upon or across a street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person.

D.

Modification by the Residents. Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the City to enforce the provisions of the plan in accordance with the provisions of this title.

The fees required with an application for a preliminary development plan, final development plan, revision to a development plan and appeals, or refusal of final plan by the approving authority shall be established annually by the Governing Body.