§ 27-211. Same—Planned district.

(a)

Purpose.

(1)

Planned district rezoning is appropriate for the purpose of providing design flexibility not available through standard procedures. Planned district rezoning is intended to encourage high quality development that provides:

a.

More efficient infrastructure;

b.

Reduced traffic demands;

c.

More usable public or private open space and pedestrian connections;

d.

Needed housing choices;

e.

Assure quality development; and

f.

Protect the quality and integrity of existing neighborhoods.

(2)

Planned development district approval is a two-step process, approval of a preliminary development plan followed by approval of a final development plan.

(3)

The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with these development standards, architectural quality, sign concepts, or other conditions that were committed to at the time of rezoning.

(b)

Applicant. A proposal for an amendment or change in zoning may be initiated by the unified government board of commissioners, the planning commission, or upon application or petition of the owner of property affected of the property owner or owner's agent.

(c)

Applicability. Planned district zoning is applicable when the applicant seeks to vary the requirements and lot sizes of the basic zone district classification. The approved final development plan shall serve as a basis for use (permitted within the district) density and design criteria.

(d)

Preapplication conference. A preapplication conference is required pursuant to section 27-197.

(e)

Submission requirements. The director shall prepare applications specifying the information to be submitted in support of a planned development rezoning application. This shall include, at a minimum:

(1)

Application form.

(2)

Preliminary development plan pursuant to section 27-212(d).

(3)

Application fee.

(4)

Traffic study for rezoning. In the case of an application for rezoning of land for a use that may substantially change traffic patterns, or create traffic congestion, the director may require that the applicant procure the services of a competent professional traffic engineer for the purpose of preparing a traffic study. Such traffic study shall show how traffic generated by the proposed development will be handled on the site and how vehicular ingress and egress from the site onto public streets will function in relation to existing street and intersection capacities and other neighborhood conditions.

(5)

Other information as specified by the application form.

(6)

Other information as requested by the director or director's designee, public works director, county engineer, planning commission or unified government board of commissioners.

(f)

Varying underlying district standards. As a general rule, the density or intensity of land uses shall be determined by the underlying district. Planned district development applications may vary from the standards of the underlying zoning district pursuant to the following terms:

(1)

The maximum height of buildings and structures in a planned zoning district shall be as set out in the equivalent district.

(2)

The intensity of the land use, the bulk of the buildings, the concentration of population, and the amount of open space, light, and air in a planned district shall be as set out in the equivalent district.

(3)

The density of residential dwelling units, the parking requirements, and the performance standards in a planned zoning district shall be as set out in the equivalent district, although individual lot sizes may be reduced.

(4)

The permitted uses in a planned zoning district shall be as set out in the equivalent district; provided, however, that limitations may be placed on the occupancy of certain premises, if such limitation is deemed essential to the health, safety or general welfare of the community.

(5)

The planning commission may require assurance of the financial and administrative capabilities of any agency created by a developer for the purpose of maintaining common open space and facilities of a nonpublic nature in a planned zoning district.

(6)

The planning commission and the unified government board of commissioners may, in the process of approving preliminary and final plans, approve deviations in a planned district from the minimum standards in the underlying district as follows:

a.

Setbacks of buildings, signs, and paved areas from a public street may be reduced to 75 percent of the underlying district's requirement.

b.

Setbacks of buildings from a project boundary line other than a public street may be reduced to 60 percent of the underlying district's requirements.

c.

Setbacks of paved areas adjacent to property lines, other than street lines, may be reduced to zero, if existing or proposed development on said adjacent land justifies the same.

d.

Setbacks, except those from a public street or project boundary line, may be reduced to zero.

e.

Setbacks of buildings and paved areas from a limited access trafficway may be reduced to five feet.

f.

Setbacks in abutting residential districts may be reduced between the uses or between a use and a street right-of-way where the project mitigates negative impacts by the use of unique and innovative site planning, buffering, or landscaping techniques.

(7)

Reductions of setbacks or other open space in a planned zoning district shall be compensated by additional open space in other, appropriate areas of the project.

(8)

Residential areas shall be planned in a manner that will produce usable open space, recreational opportunities, and safe and attractive neighborhoods.

(9)

Commercial areas shall be planned and developed so as to result in attractive, viable, and safe centers and clusters, not strip patterns along thoroughfares. Control of vehicular access, floor area ratios, architectural quality, landscaping, and signs shall be exercised to soften and buffer the impact on nearby residential neighborhoods, and to assure minimum adverse effects on the street system and other community services.

(10)

Any building or portion thereof may be owned in condominium as provided by K.S.A. 53-3101 et seq.

(g)

Application and review procedures for preliminary plan.

(1)

Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section 27-198. An application is complete when all of the items required by these regulations and on the application form are prepared and/or answered, and any required supplemental or additional applications (e.g., comprehensive plan amendment) are submitted with the appropriate fee to the department of urban planning and land use.

(2)

Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section 27-199.

(3)

Staff review. Following a determination of completeness, the staff shall review the application pursuant to section 27-200.

(4)

Notice and public hearing. Following completion of staff review and such neighborhood meetings as are required, the application shall be scheduled for a public hearing before the planning commission.

a.

Notice shall be provided pursuant to section 27-203.

b.

The planning commission shall consider the criteria listed in section 27-210(f)(5) and (f)(6) in making a recommendation.

(5)

Recommendation of planning commission. Following the close of the public hearing on an application to rezone land, the planning commission shall recommend approval, conditional approval, or denial at the earliest reasonable time, and shall prepare an accurate written summary of the proceedings for the unified government board of commissioners. If the planning commission fails to make a recommendation on a planned development rezoning request within 63 days of the close of the public hearing regarding that application, the planning commission shall be deemed to have made a recommendation of disapproval. The application will be forwarded to the unified government board of commissioners within 50 days of the deemed denial.

(6)

Factors to be considered.

a.

Rezoning application. Approval, conditional approval, or denial of the planned rezoning application shall be based upon consideration of the following factors:

1.

Compatibility with the comprehensive plan.

2.

The character of the neighborhood.

3.

The zoning and uses of properties nearby, and the compatibility of the proposed uses with those uses.

4.

The suitability of the subject property for the uses to which it has been restricted.

5.

The length of time the property has remained vacant as zoned; the length of time the property has been actively marketed.

6.

The extent to which the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality or marketability of nearby property.

7.

The extent to which the proposed use would increase or change traffic or parking demand in any ways that would adversely affect road capacity, condition, safety, or create parking problems.

8.

The extent to which the proposed use could cause environmental harm or enhance the environment.

9.

The extent to which utilities and public services are available and adequate to serve the proposed use.

10.

The economic impact of the proposed use on the community.

11.

The applicant must meet applicable ordinance requirements.

12.

The relative gain to the public health, safety, and welfare as compared to the hardship imposed upon the individual landowner or landowners.

b.

Preliminary development plan. The following criteria shall be considered when reviewing the preliminary development plan:

1.

The development meets the terms of the underlying district as varied by the provisions of subsection (f) of this section;

2.

The site is capable of accommodating the buildings, parking areas and drives with appropriate open space;

3.

The plan provides for safe and easy ingress, egress and internal traffic circulation;

4.

The plan is consistent with good land planning and site engineering design principles, particularly with respect to safety;

5.

The architectural designs are consistent with unified government policies and regulations and compatible with surrounding features;

6.

The plan represents an overall development pattern that is consistent with the comprehensive plan, street map and other adopted planning policies;

7.

Right-of-way, as determined by the public works department, has been identified for dedication;

8.

Amenities or conditions to be gained by the community are of an equal or higher quality than those required of nonplanned development;

9.

Planned zoning is not being used as a refuge from the requirements of these regulations as to the intensity of land use, amount of open space, or other established development criteria.

(7)

Protest.

a.

Filing. If a protest against such amendment, supplement or change in the zoning of land is filed in the office of the unified government clerk within 14 days after the conclusion of the public hearing before the planning commission pursuant to the publication notice, duly signed and acknowledged by the owners of 20 percent or more of any real property proposed to be rezoned, or by the owners of 20 percent of the total area, excluding streets or public ways, located within or without the corporate limits of the city and located within 200 feet of the boundaries of the property proposed to be rezoned, such amendment shall not be passed except by at least three-fourths vote of all the members of the unified government board of commissioners.

b.

Withdrawal. Any person may withdraw their signature from a petition by filing an affidavit with the clerk prior to the deadline for filing a protest petition. After the deadline, petitions cannot be withdrawn. All of the signers of a petition may notify the unified government board of commissioners of their intent to withdraw a petition following the filing deadline, but this will not affect the voting requirement.

(8)

Action by unified government board of commissioners. When the planning commission submits a recommendation of approval, conditional approval, or disapproval of such amendment and the reasons therefore, the unified government board of commissioners shall consider the criteria established in sections 27-205(a) and 27-210(f)(6), and may take any action consistent with sections 27-205 and 27-206 including:

a.

Adopt such recommendations by ordinance, which may include such conditions as the unified government board of commissioners deems necessary;

b.

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

c.

Return such recommendation to the planning commission with a statement specifying the basis for the unified government board of commissioners' failure to approve or disapprove. If the unified government 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 new and amended recommendation. Upon the receipt of such recommendation, the unified government board of commissioners, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by the respective ordinance or resolution, or it need take no further action thereof. If the planning commission fails to deliver its recommendation to the unified government board of commissioners following the planning commission's next regulation meeting after receipt of the unified government board of commissioners' report, the unified government board of commissioners shall consider such course of inaction in the part of the planning commission as a resubmission of the original recommendation and proceed accordingly. If adopted, the proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution.

No change of zone to a planned district shall be approved without the approval of the preliminary development plans by the unified government board of commissioners. The approved preliminary development plans shall be incorporated by reference in any change-of-zone ordinance to a planned district.

(9)

Conditional approval of rezoning. In cases in which rezoning applications are conditionally approved by the unified government board of commissioners, the rezoning ordinance shall not be published and thus shall not take effect until the conditions are fulfilled.

a.

Where a dispute arises between the applicant and staff regarding whether or not the conditions have been fulfilled, the matter shall be brought before the unified government board of commissioners for resolution. No further action will be taken to process the application pending the unified government board of commissioners' determination.

b.

Failure to fulfill the conditions within one year of unified government board of commissioners approval shall necessitate the scheduling of a public hearing with requisite notice before the unified government board of commissioners. At this public hearing, the unified government board of commissioners shall consider all of the relevant factors and either approve, approve with conditions, or deny the rezoning application.

(h)

Amendments to preliminary development plans. Once property has been rezoned to a planned district, changes in the preliminary development plan may be made only after approval of a revised preliminary development plan. Changes that are not considered significant pursuant to subsection (h)(1) of this section may be approved by the director without a public hearing, with disapproval appealed to the planning commission. Significant changes may be approved only after rehearing by the planning commission and unified government board of commissioners, subject to the same procedural requirements of an original application.

(1)

For the purposes of this section, significant changes shall be determined by the director or director's designee and shall mean any of the following:

a.

Any changes that exceed the provisions of subsection (f) of this section or other terms specified by the planning commission and/or unified government board of commissioners;

b.

Increases in density or intensity of residential uses by more than five percent;

c.

Increases in total floor area (entire plan) of all nonresidential buildings by more than five percent or 5,000 square feet, whichever is less;

d.

Increases of lot coverage by more than five percent;

e.

Changes of architectural style that will make the project less compatible with surrounding uses;

f.

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

g.

Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities;

h.

Decreases of any peripheral setback of more than five percent;

i.

Decreases of areas devoted to open space of more than five percent or the substantial relocation of such areas;

j.

Changes of traffic circulation patterns that will affect traffic outside of the project boundaries;

k.

Modification or removal of conditions or stipulations to the preliminary development plan approval; or

l.

Modifications that change, amend, or violate the terms of the comprehensive plan.

(2)

Appeal of the director's determination of significant changes may be taken to the planning commission, whose decision shall be final. No further action will be taken to process the application pending the planning commissions' determination.

(i)

Review and approval of final development plans.

(1)

Contents. Contents of the final development plans shall be as specified in section 27-212(e) and subsection (g) of this section.

(2)

Permits. Permits for grading or construction shall be issued only after final plans have been approved by the planning commission. The developer may submit preliminary and final development plans simultaneously at such person's own risk.

(3)

Conditions for approval. Final plans shall be approved only after the following conditions have been met:

a.

Final plans conform to the approved preliminary plan and meet any special conditions imposed at the time of rezoning. Significant changes, as defined in subsection (h)(1) of this section and determined by the director or his delegate, between the preliminary plan and the final plan shall be sufficient reason to require the resubmission of a preliminary plan.

b.

If the project is being constructed in stages, each stage shall be functional and shall be adequately served by access drives, parking and utilities as a freestanding project which will not have adverse effects on the neighborhood if subsequent stages are not carried out.

(4)

Planning commission action.

a.

A final development plan that contains no modifications or additions from the approved preliminary plan shall be approved by the planning commission if the commission determines that all of the submission requirements have been satisfied. Normally, a public hearing is not required; however, the planning commission may require a public hearing where more than six months have passed following preliminary plan approval.

b.

A final development plan that contains modifications from the approved preliminary development plan but which changes are not significant pursuant to subsection (h)(1) of this section, as measured against the original approved preliminary plan, may be approved by the planning commission without a public hearing provided the commission determines that all of the submission requirements have been satisfied. The planning commission may require a public hearing where more than six months have passed following preliminary plan approval.

c.

If the final development plan has significant changes from the preliminary plan, pursuant to subsection (h)(1) of this section, it shall not be considered and shall be returned to the applicant.

(j)

Abandonment of final development plan. In the event the a plan or section thereof is given final approval and thereafter the landowner shall abandon said plan or a section thereof and shall so notify the unified government in writing, or in the event the landowner shall fail to commence, as evidenced by receipt of building permits and start of construction, the planned development within 18 months after final approval has been granted or in the case of subsequent phases each shall be initiated within 24 months of the issuance of a certificate of occupancy on the entire preceding phase or the plan will be considered abandoned, then in either event such final 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 landowner. Whenever a final plan or section thereof has been abandoned as provided in this section, no development shall take place on the property until a new development plan has been approved.

(k)

Time limit for refiling. The time limit for refilling a final development plan shall be as specified in section 27-275(j).

(Code 1988, § 27-276; Ord. No. O-27-05, § 1, 3-24-2005)