ORDINANCE NO. ZRR-2675

Transcription

1 ORDINANCE NO. ZRR-2675 AN ORDINANCE RELATING TO THE UNIFIED DEVELOPMENT ORDINANCE FOR THE CITY OF OVERLAND PARK, KANSAS; AMENDING AND REPEALING EXISTING OVERLAND PARK MUNICIPAL CODE SECTIONS , , , , , , , , , , , , AND BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: SECTION 1. Overland Park Municipal Code Section is hereby amended to read as Site development permits -- when required A site development permit authorizes any land disturbance activity listed in Section and the following additional items: construction of any site improvements including but not limited to;: pavement,; curbs,; sidewalks,; private stormwater conveyance and treatment facilities,; retaining walls and bank stabilization and work related to such construction, including but not limited to clearing, grading and grubbing, unless a building permit authorizes the work. A site development permit may be waived by the Director of Planning and Development Services for work of a minor nature such as sidewalks on private property, retaining walls under 4four feet in height, patios and other minor flatwork, residential driveways, maintenance or inkind replacement of existing driveways and parking lots, and similar construction. SECTION 2. Overland Park Municipal Code Section is hereby amended to read as Building permits, site development permits and land disturbance permits -- closure. A. Closure of a building permit shall be completed in accordance with the provisions of Title 16 of this Code. In cases where there is not a separate land disturbance permit or site development permit issued for a particular site, a final certificate of occupancy shall not be issued until the site has been permanently stabilized and all temporary erosion and sediment control BMP s are removed, and all drainage and grading is found to be in compliance with this Code. B. Closure of a site development permit shall be completed by obtaining a satisfactory final inspection and issuance of a certificate of compliance or certificate of occupancy by the Codes Administrator. In cases where there is not a separate land disturbance permit issued for a particular site, a certificate of compliance shall not be issued until the site has been permanently stabilized, all temporary erosion and sediment control BMP s are removed, and all drainage and grading has been found to be in compliance with this Code.

2 C. Closure of a land disturbance permit or site development permit is independent of closure of other permits. If a site has been partially stabilized, a land disturbance permit can be closed upon issuance of a subsequent land disturbance permit covering remaining unstabilized areas. Closure of a land disturbance permit or site development permit shall be completed by obtaining a satisfactory final inspection and issuance of a certificate of compliance. Timing of final inspections for land disturbance permits shall conform with the following: 1. For single-family or two-family construction only, where the permit holder seeks closure of the entire site subject to the permit, a final inspection can be completed after 80 percent of the housing units in the associated final plat have received final certificates of occupancy, or a minimum of three years after issuance of the first building permit for a housing unit. Additionally, no final inspection can be made before any temporary erosion and sediment control BMP s serving more than one lot are no longer needed and are removed. 2. For development other than single-family or two-family residential development, a final inspection can occur when all temporary erosion and sediment control BMP s serving more than one lot are no longer needed and are removed. 3. For single-family or two-family construction only, the holder of a land disturbance permit or site development permit that includes multiple lots shall no longer be responsible for activities that occur on an individual lot for which all dwellings have received Certificates of Occupancy. In that event there shall be a final inspection of that lot and partial closure of the land disturbance permit or site development permit prior to or at the time of issuance of a Certificate of Occupancy. D. Permits including permanent stormwater treatment facilities - Prior to closure of any building, site development, or land disturbance permit that includes permanent stormwater treatment facilities as required in Chapter of this Code, all required stormwater treatment facilities shall be constructed and written certification from the designer or other party as approved by the Director stating that such facilities are constructed in accordance with the approved plans. Alternately, the Director may allow delayed construction of such facilities as allowed under Sections ; however, performance surety as described under Chapter of this Code must be in place prior to closure of any building, site development, or land disturbance permits. SECTION 3. Overland Park Municipal Code Section is hereby amended to read as Site plans -- contents All site plans shall contain the following information: A. North arrow and scale. 2

3 B. Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.). C. Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties. D. Location of floodplain and special flood hazard areas. E. Conceptual locations, types and sizes of all storm drainage conveyance, detention and treatment facilities. EF. FG. GH. HI. IJ. JK. KL. LM. Location of proposed drives and parking areas. Platted setback lines. Elevations of proposed buildings. Final grades. Landscaping. Name and address of landowner. Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan. Date of preparation of the plan. SECTION 4. Overland Park Municipal Code Section is hereby amended to read as Preliminary development plans -- submission requirements and contents A. Five copies of the preliminary development plan shall be submitted in support of the application. The preliminary development plan shall contain the following information: 1. North arrow and scale. 2. With regard to the subject property only: a. Existing topography with contours at 5-foot intervals, and delineating any land areas within the 100-year floodplain. b. Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements. 3

4 c. Conceptual locations, types and sizes of all storm drainage conveyance, detention and treatment facilities. cd. de. Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan. General extent and character of proposed landscaping. 3. With regard to areas within 200 feet of the subject property: a. Any public streets which are of record. b. Any drives which exist or which are proposed to the degree that they appear on plans on file with the City, except those serving single-family houses. c. Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape. d. The location and size of any drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets. 4. Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required. 5. A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, land use intensity if the project lies south of 103rd Street and other quantities relative to the submitted plan in order that compliance with requirements of this oordinance can be determined. 6. For all developments proposed in the RP-OE, RP-OS, RP-3, RP-5 and RP-6 Districts, the following information, if applicable, shall be submitted if requested by the Director of Planning and Development Services, or his or her designee, in addition to the above-listed requirements: a. Up to three site section plans. b. Slope analysis representing slopes falling within the following categories: 1) 0%-5% slope; 4

5 2) 6%-10% slope; 3) 11%-17% slope; 4) 18% slope and greater. c. Existing streams and other bodies of water. d. Surface drainage channels. e. Location, massing and pattern of existing vegetation. f. Views within the site. g. Vistas to and from the site. h. Focal points and site amenities. i. Existing structures on the site. j. Street and traffic patterns affecting the site. k. Pedestrian and vehicular access points. l. Physical barriers (such as interstate highways). m. Noise generation sources. n. Surrounding uses, activities and influences of the site and adjacent properties. 7. For all developments proposed in the PRN District, the following information, if applicable, shall be submitted if requested by the Director of Planning and Development Services, or his or her designee, in addition to the above-listed requirements: a. Up to three site section plans. b. Slope analysis representing slopes falling within the following categories: 1) 0%-5% slope; 2) 6%-10% slope; 3) 11%-17% slope; 5

6 4) 18% slope and greater. c. Existing streams and other bodies of water. d. Surface drainage channels. e. Location, massing and pattern of existing vegetation. f. Views within the site. g. Vistas to and from the site. h. Focal points and site amenities. i. Existing structures on the site. j. Street and traffic patterns affecting the site. k. Pedestrian and vehicular access points. l. Physical barriers (such as interstate highways). m. Noise generation sources. n. Surrounding uses, activities and influences of the site and adjacent properties. o. A plan clearly defining the type of residential dwelling unit to be constructed on each block or specific area. p. A written criteria (can include drawings or pictures) describing each residential area or building type to be constructed in the Planned Residential Neighborhood development. Items to be included are possibly residential type (Colonial, Prairie, etc.), colors, materials and any other information that will help explain the proposal. q. Typical elevations for the various building types. r. A pedestrian and open space concept plan. 8. Name and address of landowner. 9. Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan. 10. Date of preparation of the plan. 6

7 B. The following information shall be submitted in support of the application for the preliminary development plan approval: 1. All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section Assurances of adequate public facilities as required by Section C. For all developments proposed in the RP-OE, RP-OS, and PRN zoning districts an acceptable plan shall be submitted to the City that demonstrates that all common open space and natural conservation areas will be managed by a responsible party and how these areas will be managed. SECTION 5. Overland Park Municipal Code Section is hereby amended to read as Final development plans -- contents and submission requirements A. Five copies of the final development plan shall be submitted in support of the application. The final development plan shall contain the following information: 1. A small key map indicating the location of the property within the City. 2. A site plan including the following: a. Finished grades or contours for the entire site at 2 two-foot contour intervals. b. All existing and proposed adjacent public street right-of-way with centerline location. c. All existing and proposed adjacent public street and public drive locations, widths, curb cuts and radii. d. Location, width and limits of all existing and proposed sidewalks. e. Location, size and radii of all existing and proposed median breaks and turning lanes. f. Distance between all buildings, between buildings and property lines and between all parking areas and property lines. g. Location of all required building and parking set- backs. h. Location, dimensions, number of stories and area in square feet of all proposed buildings. 7

8 i. Area of land on site plan in square feet or acres. j. Limits, location, size and material to be used in all proposed retaining walls. k. Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks. l. Location, height, candle power and type of outside lighting fixtures for buildings and parking lots. m. Location, size, type of material and message of all proposed monument or detached signs. n. Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements. o. Preliminary drainage design and location andof all proposed storm drainage conveyance, detention and treatment facilities and locations of existing drainage facilities. 3. Building elevations including the following: a. Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs. b. Size, location, color and materials of all signs to be attached to building exteriors, unless private sign criteria have previously been approved by the Planning Commission. c. Location, size and materials to be used in all screening of rooftop mechanical equipment. d. Building sections. 4. Floor plans indicating dimensions and areas of all floors within proposed buildings. 5. Landscaping and screening plans as required by Section , which include: a. Size, species, location and number of all proposed landscape materials. b. Notation of all areas to be seeded or sodded. 8

9 c. Location, size and materials to be used for all screening, including screening of outside trash enclosure areas. B. All site plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Director of Planning and Development Services. C. One copy of the proposed site plan and one copy of the proposed building elevations shall be reduced onto 8-1/2 inch by 11 inch bond paper. D. The following shall be submitted in support of the application for final development plan approval: 1. Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat or by the filing of the final development plan pursuant to Section F. 2. A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary development plan. 3. Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan. 4. Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan. 5. Proof of filing of the statement required by Section Assurances of adequate public facilities as required by Section SECTION 6. Overland Park Municipal Code Section is hereby amended to read as Preliminary plats -- contents and submission requirements A. Seven copies of the preliminary plat shall be submitted in support of the application. The plat shall contain the following information: 1. North arrow and scale. 2. Legal description. 9

10 3. The proposed name of the subdivision and the names of adjacent subdivisions. 4. The boundary lines of the tract with approximate dimensions. 5. The general pattern and sizes of proposed lots and tracts. 6. The general location, width and alignment of existing and proposed streets, alleys and sidewalks. 7. Conceptual locations, types and sizes of all storm drainage conveyances, detention and treatment facilities. 78. All platted or existing streets and property lines or land adjacent for a distance of not less than 400 feet. 89. Topography of the area contained in the plat shown by 2two-foot or 5five-foot contour intervals Approximate gradients of proposed streets within the plat Description of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces, right-of-way widths, and dimensions of any bridges or culvert Location of the 100-year floodplain and special flood hazard areas The proposed use of land, whether for single-family, multi-family, commercial, industrial, parks, schools, etc Indication of the ground floor area classification for residential subdivisions Name and address of landowner Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plat Date of preparation of the plat Signature block for appropriate City officials. B. The following items shall be submitted in support of an application for preliminary plat approval: 1. All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section Assurances of adequate public facilities as required by Section

11 3. For residential subdivisions in Districts R-1, R-1A and R-2, a master fence/screening plan as required by Section A current title report (less than 90 days old) together with legible copies of all pertinent exception documents; or a copy of a current American Land Title Association (ALTA) survey; or both as directed by the City. SECTION 7. Overland Park Municipal Code Section is hereby amended to read as Scope. No land shall be disturbed nor structure built, located, converted or altered without full compliance with this Chapter unless development occurs as allowed by the following exceptions: A. A preliminary plan or plat was approved prior to the effective date of this ordinanceoctober 7, 2002, and the preliminary plan or plat shows the elimination of all stream corridor(s) and all natural drainageways through the construction of a City storm sewer system in compliance with Chapter of the Municipal Codeconcrete piped storm sewer system or concrete ditch liner. B. Revisions to an approved preliminary plan or plat specified in Section A above which retain the City storm sewer system specified in Section A throughout the entire project. C. A preliminary plan or plat was approved prior to the effective date of this ordinanceoctober 7, 2002 with a stipulation requiringand the approval of the City Council of granted a variance from Chapter of the Municipal Code to remove the requirement of an enclosed storm sewer system or ditch liner, and the variance constructing an enclosed storm sewer system or concrete ditch liner is approved prior to October 7, Revisions to the plan that was the basis of the variance will continue to qualify for an exemption from this Chapter only when both the following conditions are met: 1. the revisions do not constitute a substantial or significant change as defined by Section ; and 2. paved surfaces and structures are no closer to streamways than shown on the approved plan or plat. D. For land immediately adjacent to a stream or natural drainageway which has a drainage area in excess of 1500 acres and is within A a preliminary plan or plat was approved prior to the effective date of this ordinanceoctober 7, 2002, and the property contained open stream corridor(s) with a drainage area in excess of 1500 acres. After October 7, 2003, if revisions are proposed to an approved plan or plat that constitute a substantial or significant change as outlined by Section , then any development done 11

12 pursuant to such revisions shall occur in accordance with this Chapter. Prior to October 7, 2003 a significant change to approved plans will still qualify for this exception, provided paved surfaces and structures are no closer to streamways than shown on the approved preliminary plan or plat.the following conditions apply: 1. if revisions that do not constitute a substantial or significant change as defined by Section are proposed, then such development is exempt from this Chapter only if paved surfaces and structures are no closer to streamways than shown on the preliminary plan or plat approved prior to October 7, 2002; and 2. if revisions are proposed to a plan or plat approved prior to October 7, 2002, and the revisions constitute a substantial or significant change as outlined by Section , the revised plan or plat no longer qualifies for an exemption from this Chapter. SECTION 8. Overland Park Municipal Code Section is hereby amended to read as Designation of Stream Corridor. The stream corridor shall consist of the stream and all lands adjacent to the stream on both sides for the minimum distance from the ordinary high water mark specified below: Stream tributary area: *Minimum distance from ordinary high water mark to the limit of stream corridor on each side: Less than 25 acres See B Including 25 acres up to 40 acres 30 feet (See C) Including 40 acres up to 160 acres 60 feet Including 160 acres up to 5000 acres 100 feet 5000 acres and greater 120 feet *Distances in excess of the minimum may be required as indicated in (A). A. A stream corridor shall be designated along streams with a tributary drainage area of 40 acres or more with the following exceptions: 1. Streams of less than 300 feet in length measured along the center of the active stream zone and which are between portions of an existing storm sewer system may be enclosed within a pipe or box structure. 2. Streams adjoining an existing storm sewer system may be enclosed within a pipe or box structure, if the application of this Chapter would otherwise leave a stream remnant less than 300 feet in length measured along the center of the active stream zone. B. Streams with tributary areas less than 25 acres may construct a storm sewer system in 12

13 accordance with Chapter If a storm sewer system is not constructed, a stream corridor may be delineated which may be variable in width but is generally not less than 15 feet from ordinary high water mark to the limit of stream corridor on each side. The actual corridor width shall be adequate to provide for: stream geomorphology, stream bank stability, preservation of tree canopy, flood control and maintenance access. C. Streams with tributary areas including 25 acres up to 40 acres may construct a storm sewer system in accordance with Chapter If a storm sewer system is not constructed, a stream corridor shall be delineated of not less than 30 feet from ordinary high water mark to the limit of the stream corridor on each side. D. Stream corridors shall be terminated when a stream discharges into a pond, lake or other body of water and shall resume at the outlet from the water body. Property reserved for the pond, lake or other body of water shall include at a minimum all areas that would have been reserved for a stream corridor had there been no pond, lake or body of water. E. Stream corridor delineation is not required for man -made ditches within street right-ofway. F. Stream corridor designation is not required for construction projects which are undertaken to explicitly protect existing buildings or property from flooding and/or erosion caused by actions such as channel migration or bank instability. G. Regardless of the stream or stream corridor size, buildings must maintain a minimum distance of 40 feet from the ordinary high water mark of a stream. H. Delineation of stream corridors under this Ordinance is based on the existing location of the stream. Relocation of existing streams to new locations is not authorized by this Ordinance. All developments, which do not dedicate a stream corridor in accordance with this Chapter, shall construct storm sewer systems to meet the requirements of O.P.M.C. Chapter of the Overland Park Municipal Code. In the event an approved development plan showing the construction of a storm sewer system cannot obtain a permit from the appropriate state or federal agencies then the owner of such property is required to comply with this oordinance and reapply for a preliminary plan, preliminary plat, special use permit or rezoning, as appropriate. SECTION 9. Overland Park Municipal Code Section is hereby amended to read as Delineation of the Stream Corridor. The stream corridor shall be delineated on preliminary plats, preliminary plans, final plans and final plats. The boundary of the stream corridor shall be documented by a legal boundary description in such instrument as the Director may require, which could include but is not limited to a separate tract of land, a conservation easement, or dedication on the final plat. The Director may adopt written regulations to implement the provisions of this ssection. The instrument used 13

14 to document the boundary must also identify the area as a " Natural Preservation Stream Preservation Corridor" and shall stipulate that these areas are subject to the restrictions and protections provided for in Chapter of the Overland Park Municipal Code. The instrument shall further stipulate that restrictions and protections are subject to change by action of the Governing Body. SECTION 10. Overland Park Municipal Code Section is hereby amended to read as Allowable Uses. A. Active stream zone allowable uses should utilize best management practices to minimize disturbance to and impacts on the stream corridor and include: 1. Sanitary sewer line crossings. 2. Other utilities crossings as approved by the Director. 3. Roadway crossings, limited to minimum required to provide access for orderly development. 4. Crossings for foot, bicycle, golf cart, and similar uses. 5. Flood control structures, stormwater treatment facilities. 6. Stream restoration projects and bioengineered bank stabilization. 7. Storm sewer pipe discharge. 8. Stream gauging and water quality monitoring. 9. Pump stations and structures required to transport water from the stream. Crossing the active stream zone shall be minimized, crossing at skewed angles shall be avoided, and the length and area disturbed shall be restricted, to the maximum extent feasible. B. Stream corridor allowable uses shall utilize best management practices to minimize disturbance or impacts to the stream corridor and include: 1. All activities allowed in the active stream zone. 2. Paved or unpaved paths for foot, bike, golf carts, and other similar uses. Paths must be constructed near natural grade to minimize clearing, filling and grading. 3. Utility installations are allowed provided it is demonstrated installing the utility outside the stream corridor isn t feasible. Storm sewer pipes may discharge into the active stream zone or stream corridor if appropriate measures to prevent erosion and scouring are taken. Utility easements will be dedicated on the subdivision plat, or by separate document after platting if Director approval is obtained for the utility location. The Director may establish minimum standards for utility construction in the stream corridor. 4. Other uses approved by the Director that meet the intent of this Chapter. Allowable uses in the stream corridor are limited to low-impact passive uses that require little or no disturbance, grading, clearing, or filling of the existing native vegetation, and are related to recreation, public enjoyment, and protection of the stream and stream corridor. These uses may include small non-habitable structures ancillary to the approved use. Examples of allowable structures include 14

15 play equipment, gazebos and picnic shelters. Allowable uses do not include parking facilities. 5. Recreational fields, public parklands and golf course fairways may encroach into the stream corridor, reducing the stream corridor width up to one-half the width indicated in Section , provided the following guidelines are followed: a) Recreational fields, public parklands and golf course fairways, which reduce the stream corridor, will be required to compensate for that reduction by providing additional stream corridor width within the project sufficient to provide the same net stream corridor area that would result from enforcement of the stream corridor widths in Section b) Golf course fairway crossings will be given the following additional latitude. 1) Fairway crossings within the stream corridor are allowed if the crossing does not exceed 120 feet (measured perpendicular to the fairway direction) and the number of crossings is limited to 2 per 1000 feet of stream. 2) Fairway crossings within the stream corridor shall be maintained as either unmowed native grasses and trees or as low rough, which permits grasses mowed to about 1 ½ to 2 inches. Additional stabilization may be required immediately adjacent to the stream banks where low rough is established. 3) Designers are encouraged to limit the size and number of stream crossings, to minimize stream crossing impacts on wooded areas, and to orient stream crossings perpendicular to the stream. 6. Existing agricultural uses. 7. Low impact enhancements to the stream corridor for purposes of stormwater treatment as allowed under Chapter of this Code. C. Private lakes and other impoundments for recreational, aesthetic, or irrigation purposes are allowed within the active stream zone and stream corridor with the following criteria: 1. Lakes and other impoundments shall be constructed in accordance to Chapter and all State and Federal regulations. 2. Pre-existing private lakes within a development are allowed when the developer provides certification from a licensed engineer either that the preexisting or reconstructed outlet works, dam structure, and other hydraulic functions of the lake meet current Federal, State and City requirements. 3. Where an existing or new private lake or pond is created, the stream corridor terminates at the normal pool level where storm water discharges into the body of water and resumes 10 feet below the toe of the dam embankment. Where private lakes are removed or filled as part of development, the stream shall be restored through that area and the stream corridor shall be created through the existing private lake area. See Section D for additional requirements. 15

16 SECTION 11. Overland Park Municipal Code Section is hereby amended to read as Maintenance of the stream corridor. A. Allowed maintenance (as approved and specified in the Maintenance Agreement): 1. Removal of dead trees/brush and trash. 2. Removal of debris that could cause flooding. 3. Selective tree trimming or tree removal to mitigate safety hazards or that could cause flooding. 4. Selective (spot) chemical spraying for noxious weeds. 5. Periodic mowing or other management practices shown to enhance natural conditions. 6. Maintenance of all City -approved improvements. 7. Maintenance of City -approved bank stabilization measures. B. Prohibited Maintenance 1. Regular mowing outside of recreational use areas. 2. Non-selective chemical spraying. C. Stream Corridor Maintenance Agreement A Stream Corridor Maintenance Agreement shall be submitted with all final plans and final plats and approved by the City. At a minimum, the Maintenance Agreement should: 1. Identify the responsible party for maintaining the stream corridor, or segment thereof, the boundaries of which are identified as an attachment to the Maintenance Agreement. 2. Establish the minimum frequency and levels of maintenance to be done. 3. Establish the frequency of inspection. 4. Identify resources available to provide maintenance. 5. Identify prohibited practices and Homes Association s enforcement process for restoration. 6. Identify City s rights in the event that the responsible party fails or is unable to perform any of the obligations in the Maintenance Agreement. 7. Clarify how modifications or additions can be made to the Maintenance Agreement. 8. Be filed as a covenant to the recorded deeds of all lots to enforce the imposition of any special tax assessment that may be necessary to maintain the stream corridor if the responsible party fails or is unable to perform any of the obligations in the Maintenance Agreement. In addition, the owner or developer shall form a homes association prior to the sale of any lots, and the homes association covenants shall include the provisions of the approved Maintenance Agreement. Approval of all final plans and final plats shall be subject to the City s receipt of an 16

17 acceptable Stream Corridor Maintenance Agreement. The final plat and homes association deed restrictions shall contain language approved by the Director which identifies the homes association as the entity which will have permanent responsibility and authority to enter upon the stream corridor to fully perform all obligations pursuant to the Stream Corridor Maintenance Agreement. Said homes association deed restrictions shall be recorded with the Johnson County Register of DeedsRecords and Tax Administration concurrent or prior to recording of the final plat. The following title and plat notification requirements concerning stream corridors and associated development and use restrictions shall be required: Notice on Plat. For all subdivision proposals within the Stream Corridor, the applicant shall include a notice on the face of the plat. The notice shall be substantially as set forth below: Notice: This site lies within aa protected Stream Corridor lies within this site, as defined, and is regulated in the City of Overland Park, Kansas, Municipal Code. Restrictions on the use or alteration of the Stream Corridor may apply. This property is also subject to the obligations and requirements of the Stream Corridor Maintenance Agreement approved by the City. Notice on Title. The owner of any property within a Stream Corridor, upon the approval of a Development Application covering property containing a Stream Corridor (which does not involve the approval of a final plat) shall record a notice of presence for each Stream Corridor with the Johnson County Register of DeedsRecords and Tax Administration. This recording shall contain notice of the Stream Corridor, the application of this ArticleChapter to the property, and the limitations on actions in or affecting such Stream Corridor. The applicant must submit proof that the notice has been legally recorded before the final approval for development is issued. The notice shall run with the land and failure to provide this notice to any purchaser prior to transferring any interest in the property shall be in violation of this ArticleChapter. The notice shall be substantially as set forth below: STREAM CORRIDOR NOTICE Legal Description: Present Owner: Notice: This property is located within or contains the following Stream Corridor, as defined and regulated in the City of Overland Park, Kansas, Municipal Code. Restrictions on the use or alteration of land within the Stream Corridor may apply. This property is also subject to the obligations and requirements of the Stream Corridor Maintenance Agreement approved by the City. Application # filed on (Date). Signature of owner(s). Notarization: State of Kansas } ) 17

18 ) ss. Johnson County } ) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they freely and voluntarily signed the same for the uses and purposes therein stated. Given under my hand and official seal this day of. Notary Public in and for the state of Kansas, residing at. SECTION 12. Overland Park Municipal Code Section is hereby amended to read as Improvement of parking areas All parking areas and drives leading thereto shall be ready for use upon occupancy of a building and shall be surfaced with a permanent, bituminous or concrete paving meeting the standards of the City prior to the issuance of a certificate of occupancy, unless special permission is granted by the City EngineerDirector of Planning and Development Services due to weather conditions not being satisfactory for placing asphaltic materials. Alternate all-weather, dust-free, permeable paving materials may be approved by the Director of Planning and Development Services when used as a stormwater treatment facility as required under Chapter of this Code. All parking lots and drives leading thereto, except those serving one-family dwellings, shall have curbs and drainage facilities approved by the City EngineerDirector of Planning and Development Services. In cases where raised curbs are eliminated as an integral part of a stormwater treatment facility, flat or ribbon curbing constructed from Portland Cement Concrete shall be utilized and alternate means of controlling vehicle movement shall be provided and approved by the Director of Planning and Development Services. SECTION 13. Overland Park Municipal Code Section is hereby amended to read as Planting requirements within parking and vehicular use areas Except in those districts not requiring a landscaping plan, automobile storage lots, multiple level parking structures and parking lots having a paved area no wider than a double-loaded aisle or more than 65 feet in width, all parking areas and all zoning districts shall include the following as minimum requirements in order to encourage interior landscaping within vehicular parking areas, to break up the large expanses of pavement, to provide relief from reflected glare and heat, and to guide vehicular and pedestrian traffic: A. Not less than 6% of the interior of a parking lot shall be landscaped. The interior of a parking lot shall be calculated by multiplying the number of parking spaces by 280 square feet. Plantings required along the perimeter of a parking lot shall not be considered as part of the interior landscaping requirement. B. Landscaping and planting areas shall be reasonably dispersed throughout the parking lot. 18

19 C. The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to ensure proper growth; in no event shall any such area be less than 60 square feet in area or less than 5five feet in width. Each area shall be protected by Portland cement concrete vertical curbs or similar structures. D. The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole means of landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan. E. Landscape islands in parking lots may alternately be designed and planted to serve as a dual-purpose landscape area and stormwater treatment facility. When landscape islands are designed as a stormwater treatment facility, usage of trees as the primary landscaping material shall not be required when the City determines that trees are incompatible with native plantings proposed for use as a means of stormwater treatment. EF. FG. In those instances where plant materials exist on a parking lot site prior to its development, such materials may be used if approved as meeting the requirements in Section No landscaping, tree, shrub, fence, wall or similar item shall be placed in zones of ingress or egress at street corners, or in the intersection of a public right-of-way, that the Traffic Engineer of the City, or his or her designee, determines is an obstruction to visibility, extends into a sight distance triangle as set forth in Section , or is otherwise a traffic hazard. SECTION 14. Overland Park Municipal Code Section is hereby amended to read as Required improvements -- storm drainage facilities The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches, stormwater detention facilities, stormwater treatment facilities and other improvements necessary to adequately handle stormwater. All improvements shall comply with the minimum standards of the City and shall be approved by the City Engineer prior to construction. Where developments are determined by the City Engineer to be in close proximity to unimproved stream channels, an engineering study shall be required to determine the stability of the stream banks as required under Section of this Code. The study shall evaluate the likelihood that normal stream bank slippage failure and erosion will endanger structures proposed as a part of the development or the yards of residential lots. Such studies shall analyze the impact of full upstream development as shown on the City's Future Development Plan map and include a complete identification and analysis of the soil profile and underlying bedrock upon which the development is to take place. Based on this analysis, engineering plans shall be submitted showing the structural measures to be used to stabilize those banks which are determined to be unstable. The study shall be submitted concurrent with the application for final plat approval and 19

20 shall be reviewed and approved by the City Engineer prior to recording the plat. Storm drainage easements may be required where necessary to allow on-going maintenance of the stream channel and any stabilization measures. SECTION 15. Existing Overland Park Municipal Code Sections , , , , , , , , , , , , and are hereby repealed. SECTION 16. This ordinance shall take effect and be in force from March 1, 2008 and after its publication in The Overland Park Sun, an official City newspaper. PASSED by the City Council this day of, APPROVED by the Mayor this day of, Carl Gerlach, Mayor ATTEST: APPROVED AS TO FORM: Marian Cook City Clerk J. Bart Budetti Senior Assistant City Attorney 20