12A-101. The regulations set forth in this Article, or set forth elsewhere in these regulations when referred to in this Article, are the regulations for the Proximity Park Development Overlay (PPD-O). The intent of this overlay district is to ensure compatible development in and around Proximity Park and to develop as close as possible to the land uses identified in the master plan found at the end of this section.

12A-201. In the Proximity Park Development Overlay District no building, land or premises shall be used and no building or structure shall be hereafter erected or altered, except for the following uses:

Industrial:

(a)   Building and use restrictions for the Park shall be the same as set forth in the I-1 / I-2 Industrial Zoning District Regulations for the City of Ottawa, Kansas, the text of such regulations being hereby incorporated herein by this reference for the land showing as industrial in the Master Plan Map. In the event said regulations are hereafter amended or modified by the City, whichever regulation is stricter shall apply.

Commercial & Mixed Use:

(a)   Building and use restrictions for the Park shall be the same as set forth in the C-3 Retail Commercial and MU/CI Mixed Use Commercial/Industrial Zoning District Regulations for the City of Ottawa, Kansas, the text of such regulations being hereby incorporated herein by this reference for the land showing as industrial in the Master Plan Map. In the event said regulations are hereafter amended or modified by the City, whichever regulation is stricter shall apply.

All Uses:

(a)   In addition to the prohibitions and regulations set forth in the Zoning Regulations, no portion of the Property shall be committed to: (a) any use that creates a nuisance; (b) any use that creates or permits the excessive emission of dust, odor, smoke, gases; (c) any use that materially increases fire, explosion; and/or (d) any use involving hazardous, radioactive or toxic materials, except as may be customary in industrial parks of comparable size and quality in the Kansas City metropolitan area.

       The creation and/or emission of excessive dust is prohibited.  In the event, however, that dust on or emanating from the Property or any Lot is determined by the City, in its sole discretion, to warrant abatement, the owner may be required to abate such dust at the sole expense of the Owner. Such abatement may include, but is not limited to, the following:

(1)   Increase or improve vegetative cover at parts of the Property or Lot that may contribute to airborne particulate matter.

(2)   Application of dust suppression chemicals to road surfaces.

(3)   Conduct sweeping of the Property or Lot.

(4)   Conduct road dust reduction strategies listed in Federal Highway Administration (FHWA) suggestions to reduce particulates.

(b)   Accessory uses, customarily incident to the above uses and located on the same lot therewith.

12A-301. Parking: Employee, customer, owner or tenant parking shall be the responsibility of the property owners and they shall provide all necessary parking facilities entirely on their property. Parking on private or public streets within the overlay district or adjacent roadways is expressly prohibited. All parking areas and drives and access shall be paved with an impervious surface equal to asphalt or concrete and maintained by the owner in a well-kept condition.

Each parking space provided shall be designated by lines painted on the paved surfaces and shall be adequate in area, generally spaces will be sized nine feet wide by eighteen feet long (9’ x 18’) when a curb abuts and nine feet wide by twenty feet long (9’ by 20’) when not abutting a curb. If proposing compact car spaces, they must be 9 x 15 and no more than 10% of the required parking, for cars no longer than 14 feet.

For the office portion of the Development, it shall be the general standard that no parking spaces, parking aisles or roadways, except the access way, shall be permitted within the front ten (10) feet of the front setback. If parking spaces are provided in front of the building a landscape buffer shall be provided as described in the landscaping section of this regulation.

Adequate off-street parking shall be provided by each Owner and tenant for its customers, employees and visitors; and the parking ratios will be provided in the preliminary development plan and will be reviewed and approved by the City.

Parking shall be required per City standard based upon individual land use. Buildings in excess of one hundred thousand (100,000) square feet or users with specific parking needs may provide an independent parking study to the City for approval.

All maneuvering of vehicles shall take place on site or within a mutual access easement. No public right-of-way shall be used for backing or maneuvering into or from a parking space, or for circulation within the parking lot.

12A-302 Off-Street Loading: Provision for handling all truck service must be totally within the building site. Buildings adjacent to any right-of-way in the overlay district area shall not have loading docks visible for these right-of-ways. Docks and loading areas facing non-industrial uses within the development shall be screened in accordance with the landscape provisions described in Article 20, Landscaping Regulations. All loading service areas shall be paved with an impervious surface equal to asphalt or concrete. All side and rear loading service areas shall be properly screened from view from all existing or proposed streets, roads, or highways by walls, earth berms, and/or plant material.

12A-401. Height: buildings or structures shall not exceed the height permitted by the underlying zoning district.

12A-402. Yards: Apply the required yard setbacks of the underlying zoning district.

12A-403. Lot Dimensions: The minimum area shall conform with the required lot area of the underlying zoning district.

12A-404. Minimum District Size: The minimum district size shall be 40 acres, more or less.

12A-501. Design Guidelines: The purpose of these design guidelines is to encourage development that will contribute to the overall aesthetics of the Proximity Park Development District as a unique place by enhancing the built environment. These guidelines are intended to ensure that new development and redevelopment will be compatible and will enhance the overall appearance of the Proximity Park Development District. Exceptions to requirements may be allowed on a case by case basis by the Planning Commission upon submission and approval of the drawings and details of the proposed project.

12A-502. Building Materials and Construction: All buildings and other structures within Proximity Park District shall be constructed of attractive exterior sides of high quality materials including masonry, concrete, glass, and metal (when used in an incidental role).

One hundred percent (100%) of the surface of each exterior wall (excluding doors and windows) facing a public street, residential use or public open space shall consist of materials including but not limited to stone, brick, glass block, tile, cast metal, cast or cultured stone, concrete (tilt-up walls), glass, or a combination of these materials. The use of other cementitious products (e.g. stucco, Hardy Plank, or other similar materials) shall be limited to fifty percent (50%) of the buildings’ exterior finishes where it is deemed important as a design feature and where it will be applied under the highest standards for quality and durability. However, stucco may not be located in the first eight feet (8’) above grade on a façade visible from a public right-of-way or a public area.

Specific materials which will be excluded include exposed (i) galvanized metal facades, (ii) nondecorative cinder or concrete block, and (iii) double T concrete panels.

Exterior mechanical or electrical equipment, including, but not limited to, HVAC equipment shall be so placed or screened that the predominant design lines of the building or structure continue without visual distraction or interruption. If the function of the building or structure dictates placement of such equipment in such a manner or location that the building exterior walls themselves are unable to screen the equipment from view of adjacent existing or proposed streets or highways, they must be separately screened using materials compatible with the approved building materials with use of an appropriately designed parapet wall and the height of such screening shall be equal to the height of the equipment to be screened; or with acceptable landscaping. Accessory buildings, enclosures, appurtenant structures to, or extrusions from, any building or structure shall be of similar or compatible materials, design and construction.

When more than one (1) building is planned for PPD-O District property, the development plan shall demonstrate integration and coordination of the architectural design for buildings, structures, landscaping and open space.

Buildings should be oriented so that the front or side of the building faces the public street frontage of the property. The City will consider an exception to orient a rear elevation towards a public street for unique situations due to the configuration of the lot.

12A-503. Building Material Colors: Color of materials used on the construction of all buildings, enclosures, and appurtenant structures shall be consistent throughout the entire development and will present a predominantly warm earth tone appearance. Exact color palette and materials will be approved by the City Manager.

12A-504. Architectural Design Standards:

(a)   Building Massing and Scale. A building’s massing is defined as its exterior volume. The height, width and depth of a structure create the overall massing of a building. A building’s scale is the relationship of its overall size and its component parts with its adjoining spaces and buildings.

(b)   Large Expanses. Large expanses of blank walls of any material or metal siding are not allowed. Building facades over one hundred feet (100’) long facing public right-of- way or residential property shall break up massing of buildings by dividing building facade into smaller components with a minimum of three (3) of the following elements:

1.    Articulating details around doors, windows, balconies, plate lines, providing details such as “belly-bands,” recessed design elements, interesting cornice treatment details, exposed expansion joints, reveals, change in texture, or other such methods of visual relief;

2.    Avoiding long, repetitive, monotonous facades – particularly those that repeat the same design element several times along the same elevation;

3.    Use of darker building color and varied wall treatments;

4.    Varying roof lines (see Vertical Articulation section); and

5.    Change of wall plane (see Horizontal Articulation section).

(c)   Facade Guidelines:

1.    Horizontal Articulation. Walls facing a public right-of-way or a residentially zoned property shall not extend for a distance greater than four (4) times the wall’s height without having an off-set of ten percent (10%) of the wall’s height (maximum of five (5) feet); the new plane shall extend for a distance equal to a minimum of twenty percent (20%) of the maximum length of the first plane. The City may allow exceptions to this requirement upon review and approval of a typical façade elevation. Walls not facing a public right-of-way or a residentially zoned property and loading dock doors are exempt from the horizontal articulation requirement.

2.    Vertical Articulation. Walls facing a public right-of-way or a residentially zoned property shall not extend for a distance greater than four (4) times the height of the wall without changing height by a minimum of ten percent (10%) of the wall’s height (maximum of five (5) feet). The City may allow exceptions to this requirement upon review and approval of a typical façade elevation.

       Walls not facing a public right-of-way or residentially zoned properties are exempt from the vertical articulation requirement.

 

12A-505. Outside Storage and Equipment in Industrial Zones: Although the outdoor storage of materials in Proximity Park is not preferred, the City recognizes it may be necessary. The temporary storage of cargo containers, operational trailers and tractors shall be allowed in the PPD-O District for up to 30 days. For long term storage, the storage shall be on hard surface or porous surface (if porous is to include rock, it must be clean rock to allow stormwater to permeate) and must be identified with site plan submitted to the City and consistent with the conditions below. If a need arises later, to accommodate businesses that are experiencing growth and/or change the process for approval must be applied for prior to establishing any storage. Considering this, the outdoor storage of materials may be permitted in accordance with the following regulations with a formal application and review. These regulations do not apply to the customary trailer parking activities associated industrial uses.

(a)   A request must be made to the City Manager and granted to allow outside storage.

(b)   Included with the request be a written explanation as to why the business needs the outdoor storage, how long they intend to have the outdoor storage and what their long term plan is to accommodate the storage.

(c)   Outside storage areas may only be permitted within areas that have a screening mechanism (wing wall, building bump out, or landscaping if already existing or dense enough to cover for the term needed, etc.) along Kingman, Montana or I-35. If not along the roadway, screening still required, but may be done with fencing if approved.

(d)   The maximum outside storage area shall be based on the businesses inside space. 10,000 square feet of first floor indoor space = 1,000 square feet of outside storage area.

(e)   Storage areas shall be located adjacent to the building and shall not extend more than 5 feet less than the length of the screening mechanism (i.e. – if the wing wall extends 80 feet from the building, the storage area shall not extend beyond 75 feet).

(f)   Storage areas on hard surface shall be designated by yellow pavement markings.

(g)   The maximum height of stored items shall not exceed 10 feet, but the application shall state the proposed height.

(h)   Storage areas shall not impede vehicular traffic and emergency access points.

(i)    All materials being stored must be associated with the business that is located in the building adjacent to the storage area. A detailed list and photos of materials to be stored must be submitted with the application.

(j)    Storage areas shall be maintained in a neat and orderly manner.

(k)   If a business receives more than 2 written code violation notices associated with the outdoor storage in a calendar year the permit will be revoked. The business must wait 1 year from the date of revocation before applying for another permit for outdoor storage.

For All Locations in Proximity Park Development Overlay:

Any facilities for storage of waste and rubbish shall be maintained within a screened area in closed metal containers of type approved.

Each Owner and tenant shall keep its premises, buildings and improvements and appurtenances in a safe, sightly, clean, neat and wholesome condition, and shall comply in all respects with all governmental, health and police requirements. Removing promptly to the extent reasonably practicable, snow, ice, surface water and debris. Each Owner and tenant shall remove, at its own expense, any rubbish or trash of any character which may accumulate on its property and shall keep unlandscaped and landscaped areas neat and well-maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. All rubbish and trash containers shall be properly screened by an appropriate enclosure.

12A-506. Permanent Park Signage: No sign shall be erected, placed or otherwise installed upon a Building Site or affixed to a Building, structure, or other improvement erected on a Building Site until the plans for such sign shall have been approved by the City. Flashing or moving signs shall be prohibited. Product or service replicas or models shall be prohibited. The location, size, and design of all signs must be in keeping with the character of the Park. All signage must be kept clean, distinct, and legible and in compliance with Article 27 of the City’s Zoning Regulations.

12A-507. Landscaping: All open areas on any building site not occupied by buildings, storage, parking, access roads and loading shall be suitably graded with a slope not to exceed 3:1 to allow for mowing and drainage and shall be maintained in lawn, trees, and/or shrubs, including lawn irrigation in all such areas. It is the intent of these regulations to provide a park-like setting for the buildings, as well as to screen objectionable areas.

1.    Overlay Area: All lots are required to provide a minimum landscape buffer of ten feet (10’) along public right-of-way, utilizing deciduous shade and ornamental trees, evergreen trees and shrubs.

2.    Building Site (Pervious Area): Building site shall include a minimum of one (1) two and one-half (2-½) inch caliper deciduous or evergreen tree (8’ in height) for each two thousand five hundred (2,500) square feet of pervious/green space area, to be planted in side yard, front yard or rear of building at common area. Substitutions are allowed for pervious area calculation only based upon the following:

1 Shade Tree (2-1/2” cal.) or Evergreen Tree (8’ ht) = 20 shrubs 3’ in height or 2 ornamental trees 6’ in height.

3.    Building Frontage at Street: 1 Shade Tree (2-1/2” cal.) or Evergreen Tree (8’ ht) for every 50 feet of street frontage to be planted along the street right-of-way.

4.    Common Area side or Building Rear: 1 Shade Tree (2-1/2” cal.) or Evergreen Tree (8’ ht) for every 50 feet of frontage on common area such as, lakes and canals.

5.    Parking Lots: Landscaped islands should be added at the ends of all parking rows and should be bermed and planted with either sod or landscaping.

•      1 Shade Tree (2-1/2” cal.) or Evergreen Tree (8’ ht) for every 200 square foot of parking lot islands.

•      Fifty percent (50%) of the parking lot should be screened from view with shrubs 3’ in height.

6.    Building Foundation: Forty percent (40%) of the building foundation should be landscaped with ground covers, shrubs and ornamental trees.

The landscape development, having been installed, shall be maintained by Owner in a neat and adequate manner, which shall include the mowing of lawns, trimming of hedges, other such maintenance and watering including the installation of lawn irrigation on all sites. The landscaping shall be implemented and completed within six (6) months after certificate of occupancy of the building has been issued. Care for and replanting all landscaped and planted areas so as to not allow dead or unsightly plants to remain within its Lot is required. All trees, shrubs and other landscaping materials designed and installed shall be considered as required elements of the project in the same manner as other elements of the project. If plantings fail or are removed, installation of like plants shall be required.

12A-508. Exterior Lighting: Lighting of buildings and public areas, such as parking, plazas, landscaping, fountains, sculptures, and walkways is required. All site lighting will be accomplished by using concealed source fixtures with a minimum average illumination in accordance with the requirements of the City of Ottawa, Kansas. All exterior lighting will be LED, white in color and constant in nature, specifically excluding traveling, flashing or intermittent illumination of any kind and must be so arranged or shielded as to avoid glare or reflection onto any adjacent existing or proposed streets, highways, ponds or building sites. Pole mounted fixtures will have a maximum pole height of thirty-two (32) feet, including the base.

12A-509. Fencing: All fencing on any building site shall be compatible with the building materials used in the construction of the major structure on said building site. All metal fencing shall be wrought iron like and shall be screened by landscaping from view from existing or proposed streets, highways and contiguous building sites.