APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE 28. SITE PLANS

28-101.

(a)   The very nature of land development creates potential for traffic congestion, overcrowding, adverse visual environmental impacts, and health problems. Also, the City strives to achieve the goal of promoting growth in Ottawa, while stabilizing the established residential patterns of the area. The City seeks to ensure that any location that accommodates intense urban use be subject to Site Plan Review by the Development Review Committee in accordance with this Article. Site Plan Review helps ensure that the meaning and intent of these zoning regulations are fully complied with and so property owners and developers understand City requirements under these regulations before projects begin.

(b)   Site Plan Review regulates the development of structures and sites in a manner that considers the following:

1.    The balancing of landowners rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances, including, for example, noise, smoke, fumes, dust, odor, glare, soil erosion, and stormwater runoff;

(28-101-b-1 Revised 11-16-11)

2.    The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;

3.    The adequacy of waste disposal methods and protection from pollution of surface or groundwater;

4.    The protection of historic and natural environmental features of the site under review, and those of adjacent areas; and

5.    The stability of the built environment, particularly residential neighborhoods, by promoting urban development that is compatible with clearly identified natural resources.

28-201.

(a)   The Zoning Administrator shall require that all applications for building permits for multi- family, commercial and industrial developments be subject to site plan review in accordance with these regulations. The Zoning Administrator may grant an exception to the required site plan review, except that lot corners shall be staked by a surveyor licensed by the State of Kansas and the plot plan, including easements, shall be submitted to the Chief Building Official for additions and new construction. The following situations may be exempt from site plan review by the Development Review Committee upon a determination by the Zoning Administrator that such development does not impact parking, stormwater, traffic or create other impacts upon public health, safety or welfare.

        Single-Family and two-family dwellings, buildings accessory to single family and two- family dwellings.

        Redevelopments which enlarge the size of the original structure by less than fifty percent (50%).

        Construction of new buildings in existing developments, that are located more than 100 feet of a residential zoned area.

Developments shall be encouraged to implement the objectives of the adopted City of Ottawa Future Land Use Plan to foster compatibility among land uses in the City.

(b)   Prior to application, a pre-application conference shall be held between the applicant and city staff to discuss the site review requirement and other site or application issues specific to the proposed development or redevelopment. The applicant should submit preliminary plans for initial review and comment at this time.

(c)   Following application submittal, site plan reviews shall be performed by the Development Review Committee.

(d)   Final action for approval of a site plan shall be by the Development Review Committee. Should the applicant wish to appeal a decision made by the Development Review Committee, an appeal must be made to the Planning Commission within 30 days of the official DRC determination. Refer to Article 26 Amendment Procedures of the Zoning Regulations, where the appeal process is defined.

28-301. Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is applicable, unless site plan review approval has been granted.

28-401. A filing fee shall be charged and collected from the applicant in an amount as established by the City Commission by ordinance. The site plan shall not be accepted until a completed site plan application has been submitted and the filing fee paid by the applicant.

28-501.

(a)   The site plan shall include the following data, details, and supporting plans which are found relevant to the proposal. The applicant shall make notations explaining the reasons for any omissions.

(b)   Site plans shall be prepared by a registered professional engineer, architect, land surveyor or landscape architect at the largest scale possible, but no less than a scale of one (1) inch equals 20 feet, on standard 24" x 36" sheets, with one copy on 8 ½” x 11" or 11” x 17”. The number of copies of the site plan to be submitted for review shall comply with the City’s schedule of copies. Items required for submission include:

1.    Name of the project, address, boundaries, date, north arrow and scale of the plan.

2.    Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect.

3.    All existing lot lines, easements, rights-of-way and any projected necessary future right-of-way as shown on adopted corridor management plans. Include area in acres or square feet, abutting land uses and structures.

(28-501-b-3 Revised 02-19-14)

4.    The location and use of all existing and proposed structures within the development. Include all dimensions of height and floor area, show all exterior entrances and all anticipated future additions and alterations, side views of structure, building elevations of structure, and proposed building materials. For developments in the C-4 Central Business District, indicate design details to make new construction compatible with existing structures and conformance to the adopted comprehensive plan, including design guideline suggestions.

5.    The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs and fences. Location, type and screening details for all waste disposal containers shall also be drawn.

6.    The Zoning Administrator may require location, height, intensity and bulb type (e.g. fluorescent, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods proposed to eliminate glare onto adjoining properties must also be shown. If unavailable, subject to Zoning Administrator review before developer’s design is approved.

7.    The location, height, size, materials, and design of all proposed signage.

8.    The location, size and common name of all existing plant materials to be retained on the site, including a description of the methods by which such materials could be preserved; plant materials if damaged during construction or dies within six (6) months, they must be replaced; mature sizes of plant material drawn to scale and identified by common name or appropriate key; location of all trees, twelve-inch (12”) caliper or larger measured at four and one-half feet (4 ½’) above ground level on sites that are proposed for removal.

9.    The location of all present and proposed utility systems including:

(A)  sanitary sewerage system;

(B)  water supply system;

(C)  telephone, telecommunication, cable and electrical systems; and

(D)  storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes and drainage swells, and post-construction water quality best management practices; as documented in the Stormwater Management Study.

(28-501-9-d Revised 09-19-18)

10.  Plans to prevent: pollution of surface water or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table and flooding of other properties.

(A)  Any new development or redevelopment that cumulatively disturbs equal to one (1) acre of land or more must provide a Stormwater Pollution Prevention Plan (SWP2) in accordance with Section 14-108 of the Ottawa Municipal Code; and any new development or redevelopment that cumulative disturbs equal to one (1) acre of land or increases net impervious surfaces by 500 square feet or greater, must provide a post-construction water quality plan in accordance with Article IV, Section 14-403.

(28-501-10-a Revised 09-19-18; 07-03-19)

(B)  Any other development activities shall employ, at minimum, Best Management Practices (BMPs) which limit erosion and sediment runoff.

(C)  Upon review of the Stormwater Management Study, the City may request the inclusion of an Operations and Maintenance Plan. Full requirements may be found in Article IV, Section 14-403(D) of the Ottawa Municipal Code.

       Exceptions to the requirement for a Stormwater Management Study will be allowed only under the following conditions or circumstances:

(28-501-10-c Revised 09-19-18)

(D)  Remodeling, repair, replacement and improvement to any existing structure or facility and appurtenances that does not cause an increased area of impervious surface on the site in excess of ten (10) percent.

(E)   Residential improvements on one lot having a gross area of less than one acre and creating less than 500 square feet of new impervious surface. Full requirements may be found in the Ottawa Municipal Code, Chapter 14, Stormwater Management.

(28-501-10-e Revised 09-19-18)

11.  Existing and proposed topography shown at not more than two-foot contour intervals. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year flood plain, the area shall be shown, with base flood elevations and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.

12.  Zoning district boundaries adjacent to the site’s perimeter shall be drawn and identified on the plan.

13.  Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site.

       The City Engineer may require a detailed traffic study for mixed use and multi-tenant developments, or for developments in heavy traffic areas to include:

(A)  The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

(B)  The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and

(C)  The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities, existing and proposed daily and peak hour traffic levels, as well as road capacity levels, shall also be given.

(D)  Other information as requested by City Engineer.

14.  For new construction or alterations to any existing structure, a table containing the following information must be included:

(A)  Area of structure to be used for a particular use, such as retail operation, office, storage, etc.;

(B)  Maximum number of employees;

(C)  Maximum seating capacity, where applicable;

(D)  Number of parking spaces existing and required for the intended use; and

(E)   A landscape plan for improving large areas of paved parking with appropriate landscaping may be required.

15.  Sensitive Areas Designation Plan. A Sensitive Area Designation Plan shall be submitted at the time of plat and site plan review. The plan shall be prepared by a qualified professional such as a biologist, ecologist, environmental scientist or planner, environmental or agricultural engineer, or Landscape Architect; or with input from qualified professionals under the supervision of a licensed designer such as an Architect, Professional Engineer or Landscape Architect. Sensitive Area Designation Plan shall identify all constrained or sensitive lands within the property boundaries and within four hundred (400) feet outside of the property boundaries, including, but not limited to, streams, stream corridors and floodplains, stream setback boundaries, wetlands and steep slopes. The Sensitive Area Designation Plan shall also clearly identify the general location and massing of wooded areas, areas with dense shrubbery, and isolated individual mature hardwood trees present on the property; and all natural or cultural resources and geographic features present on the property and within four hundred (400) feet outside of the property including but not limited to, meadows, grasslands, woodlands, streams, stream corridors, watercourses, prime farmland, wildlife corridors and/or habitat; potential state- or federally-listed threatened or endangered species or critical habitat; historic buildings and/or sites; archeological sites; cultural features and green space. The plan shall indicate and designate which areas and individual trees are to be preserved and which are to be removed. The Planning Commission shall review the plan and either approve it or direct the applicant to seek alternative site design to improve preservation of existing trees and sensitive areas.

See also, Article 20, Section 20-301.c.2; and Subdivision Regulations Article 4, Section 4-902.

(28-501-15 Added 09-19-18)

16.  A preliminary buffer plan must be submitted for City review with preliminary plans. The preliminary buffer plan must include a plan at a scale no smaller than 1” = 100’ showing at a minimum:

(A)  Existing topography with at least 2-foot contour intervals;

(B)  approximate stream locations based on approved City geographic information system mapping or City-approved mapping from state and federal agencies;

(C)  approximate boundary of the FEMA- or City-designated floodplain based on City approved geographic information system mapping or federal mapping;

(D)  approximate 1% flood conveyance limits where no regulatory floodplain is identified as determined by a qualified engineer using City-approved methods;

(E)   approximate and/or potential wetland locations from a field survey, or the U.S. Fish and Wildlife Service National Wetlands Inventory or other publicly available data source (subject to formal delineation and Jurisdictional Determination by the U.S. Army Corps of Engineers prior to submittal of final buffer plan);

(F)   slopes of 15% or greater in each sub-drainage area based on City-approved geographic information system mapping or a site topographic survey;

(G)  the location of proposed structures or activities;

(H)  identification of required stream buffer zones based on City-approved geographic information system mapping or a site topographic survey and a survey of mature riparian vegetation;

(28-501-16 Added 09-19-18)

17.  A final buffer plan must be submitted for City review with the final plans. The final buffer plan must include a plan at a scale not smaller than 1” = 100” showing at a minimum:

(A)  existing topography with at least 2-foot contour intervals;

(B)  field delineated, marked, and surveyed streams and wetlands;

(C)  existing sub-drainage areas of the site;

(D)  slopes of 15% or greater in each sub-drainage area based on a site topographic survey;

(E)   the location of proposed structures or activities;

(F)   the location of field delineated and surveyed stream buffer zones; See also Subdivision Regulations Article 15 – Stream Buffers.

(28-501-17 Added 09-19-18; 07-03-09)

28-601.     The recommendations of the Zoning Administrator shall be based on the following standards:

(a)   The extent to which the proposal conforms to this Article and these regulations.

(b)   The extent to which the development would be compatible with the surrounding area.

(c)   The extent to which the proposal conforms to the provisions of the City’s subdivision regulations, comprehensive plan, and/or adopted area and corridor management plans.

(28-601-c Revised 02-19-14)

(d)   The extent to which the proposal conforms to the customary engineering standards used in the City.

(e)   The extent to which the location of streets, paths, walkways, and driveways are located so as to enhance safety and minimize any adverse traffic impact on the surrounding area.

(f)   The extent to which the proposal complies with City pollution, erosion, and sedimentation prevention standards.

(28-601-f added 11-16-11)

28-701. Other than one-, two-, and three-family dwelling units, no building shall be erected that does not meet the following minimum standards:

(a)   Rooftop equipment shall be screened from view from the ground near the building with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the wall of the building. Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground. Raised exterior walls or screen walls should be designed to enclose groups of equipment. Wall material should be compatible with or identical to the predominant opaque material on the exterior of the building.

(b)   Dumpster Enclosure and Improvements:

1.    Exterior refuse shall be kept in an enclosed area large enough to contain one week’s production of refuse and shall be contained in a refuse bin equipped with a lid.

2.    The enclosure shall be a minimum of 12 feet wide to allow access for the truck picking up the refuse bin. The depth of the enclosure should be the depth of the refuse bin being used plus an additional four (4) feet to allow for the mechanical dumping of the refuse bin. The enclosure shall have a minimum height of five (5) feet.

3.    The floor of the enclosure shall be reinforced concrete with a minimum thickness of four inches (4”) with #4 reinforcing at twenty-four inches (24") each direction.

4.    There shall be a 12' x 12' concrete pad in front of the enclosure. This pad should be a minimum depth of eight inches (8") and have #4 reinforcing rods every twenty-four inches (24") in each direction and have a test strength of 4,000 psi.

5.    The enclosure should be shielded on three sides by a wall or decorative fence and positioned in such a manner to shield the refuse bins from sight of any public thoroughfare or adjoining property to extent possible. When decorative fence is used the corner post should be made of steel pipe with a four inch (4”) diameter and filled with concrete.

6.    The number and location of the refuse bins shall be located on the site plans prior to approval.

(c)   The form and proportion of building shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.

(d)   The use of unusual shapes, color and other characteristics that cause new buildings to call excessive attention to themselves and create disharmony is discouraged.

(e)   The rhythm of structural mass to voids, such as windows and glass doors, of a front facade should relate favorably to the rhythms established in adjacent buildings.

(f)   Overly long horizontal facades (walls) should be articulated with variations in the building plane and parapet height, materials and colors, entrance canopies, landscaping and other design or site plan features. Parking lots along the facade can also relieve horizontally through the use of landscaped fingers and island containing trees and shrubs.

(g)   Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely bland, is discouraged.

(h)   Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest.

(i)    Careful consideration of durable materials, proportions, and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is encouraged.

(j)    Use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged. The use of aluminum siding, metal ribbed panels, and extensive mirrored glass surfaces is discouraged. Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhood. Corrugated metal facades should be complemented with abundant use of masonry, whether brick, stone, stucco or split-face block, especially along perimeter streets. Architectural metal panels may be an acceptable substitute for masonry. Appropriate landscaping can be used to complement and enhance a building’s design, color and material.

(k)   Architectural treatments (e.g., building material, colors, facade design, roof lines, screening) shall be consistent and compatible on all sides. Treatment that is uniform on all sides will be deemed to meet the requirements of this principle. Adjacent land uses, visibility from public streets, use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment. The applicant will have the burden of demonstrating the reasons for differing treatments on different sides (e.g., the need for truck access on one side and pedestrian access on another).

Long expanses of overhead doors should be relieved by matching their color to the wall or trim, recessing the doors, or adding architectural details to diminish the dominance of the doors.

28-702.     Mini-warehouse facilities shall be developed in accordance with the following minimum standards:

(a)   Off street parking shall be provided as follows:

1.    Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least twenty feet (20’) wide for one-way access lanes and at least twenty-five feet (25’) wide for two-way access lanes.

2.    One parking space for every one hundred fifty (150) storage cubicles shall be located adjacent to the leasing office. A minimum of three (3) such spaces shall be required.

3.    Required parking spaces may not be rented as or used for vehicle storage, unless identified on the site plan or development plan.

(b)   There shall be landscaped screening and fencing around the perimeter of the project. The fending shall be a minimum of six feet (6’) in height. When a development borders an arterial street, adjoining residential or commercial development, the fence shall be constructed of decorative material approved by the Zoning Administrator along those sides. Chain link fencing (with or without barbed wire fencing on top) may be used on sides that adjoin other industrial property of similar or greater intensity, as approved by the Zoning Administrator.

Architectural standards shall be provided as follows:

1.    Architectural compatibility with the existing neighborhoods.

2.    Building height differential.

3.    No door openings for any mini-warehouse storage unit shall be constructed facing any residentially zoned property or public right-of-way.

(c)   The following are prohibited storage materials and uses. These items shall be included as part of any lease agreement to rent storage units.

1.    Auctions, except those required by state law to dispose of lien held property.

2.    Commercial, wholesale or retail sales or miscellaneous sales.

3.    The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

4.    The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

5.    The establishment of a transfer and storage business.

6.    Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.