[Ord. No. 1007 §16-219.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.070), 9-24-2003; Ord. No. 1459 § 1, 5-17-2017]
Planned zoning districts and their equivalent districts are
as follows:
|
Planned District
|
Equivalent District
| |
|---|---|---|
|
"RP-1"
|
Planned Single-Family Residential
|
"R-1"
|
|
"RP-2"
|
Planned Two-Family Residential
|
"R-2"
|
|
"RP-3"
|
Planned Town House District
|
"R-3"
|
|
"RP-4"
|
Planned Garden Apartment District
|
"R-4"
|
|
"RP-5"
|
Planned Apartment House District
|
"R-5"
|
|
"RP-6"
|
Planned High-Rise Apartment District
|
"R-6"
|
|
"CP-O"
|
Planned Office Building District
|
"C-O"
|
|
"CP-1"
|
Planned Restricted Business District
|
"C-1"
|
|
"CP-2"
|
Planned General Business District
|
"C-2"
|
|
"CP-2A"
|
Pedestrian Oriented Business District
|
"C2A"
|
|
"CP-2B"
|
General Business District
|
"C2B"
|
|
"MS1"
|
Main Street District 1
|
"MS1"
|
|
"MS2"
|
Main Street District 2
|
"MS2"
|
|
"DND
|
Downtown Neighborhood District
|
"DND"
|
|
"MXD"
|
Planned Mixed Use District
|
"MXD"
|
[Ord. No. 1007 §16-219.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.080), 9-24-2003; Ord. No. 1142 §2, 12-8-2004; Ord. No. 1459 § 2, 5-17-2017]
A.
Planned Zoning Districts. The zoning of land in the City of Mission
to one (1) of the planned zoning districts shall be for the purpose
of encouraging and requiring orderly development at a quality level
generally equal to or exceeding that commonly found in projects developed
under conventional zoning, but permitting deviations from the normal
and established development techniques. The use of planned zoning
procedures is intended to encourage large-scale developments, efficient
development of small tracts, innovative and imaginative site planning,
conservation of natural resources and minimum waste of land. The following
are specific objectives of the planned zoning district.
1.
Proposal to rezone land to a planned district shall be subject
to the same criteria relative to compliance with master plans, land
use policies, neighborhood compatibility, adequacy of streets and
utilities and other elements as is normal in rezoning deliberations.
2.
The submission by the developer and the approval by the City
of development plans represents a firm commitment by the developer
that development will indeed follow the approved plan in all aspects.
3.
Residential areas will be planned and developed in a manner
that will produce more useable open space, better recreational opportunities,
safer and more attractive neighborhoods than under standard zoning
and development techniques.
4.
Commercial areas will be planned and developed so as to result
in attractive, viable and safe centers and clusters, as opposed to
strip patterns along thoroughfares. Control of vehicular access, architectural
quality, landscaping and signs will be exercised to soften the impact
on nearby residential neighborhoods and to assure minimum adverse
effects on the street system and other services of the community.
5.
The applicant will be given latitude in using innovative techniques
in the development of land not feasible under application of standard
zoning requirements.
6.
Planned zoning shall not be used as a refuge from the requirements
of the equivalent district as to intensity of land use, amount of
open space or other established development criteria.
7.
Any building or portion thereof may be owned in condominium
under K.S.A. 58-3101.
8.
For purposes of this Title, the term "shopping center," "office
park," "industrial park" or other grouping of buildings shall mean
developments that were planned as an integral unit or cluster on property
under unified control or ownership at the time the zoning was approved
by the City. The sale, subdivision or other partition of the site
after zoning approval does not exempt the project or portions thereof
from complying with development standards, architectural quality,
sign concepts and other conditions that were committed at the time
of rezoning.
[Ord. No. 1007 §16-219.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.090), 9-24-2003; Ord. No. 1142 §3, 12-8-2004; Ord. No. 1459 § 3, 5-17-2017]
A.
The amount of signage, open space, buffer zone, yard, parking, play
areas, density and height requirements shall be determined by the
City Council upon recommendation of the Planning Commission after
review of the proposed plan. The City Council and the Planning Commission
shall use the requirements and standards found in the corresponding
district as detailed in these regulations as a guide in making their
determination but may permit deviations from these requirements and
standards in the interest of efficient land development and utilization.
In reviewing such development plan, the maximum height of buildings
and structures within such planned district shall generally be as
set out in the corresponding district. It shall be permissible that
front, side and rear yards may be reduced to zero in appropriate circumstances.
B.
The permitted uses shall be the same as those permitted in the equivalent
district unless otherwise altered as part of the development plan
approved by the City Council for the specific area to which each planned
district applies. Alterations may include allowing additional uses
that the underlying district does not otherwise allow as well as prohibiting
uses that the underlying district otherwise allows. For example, the
City Council may permit mixed residential uses or mixed residential
and commercial uses in accordance with the development plan for the
planned district.
C.
The Planning Commission and/or City Council may require assurance
of the financial and administrative organization and ability of any
agency created by a developer for the purpose of maintaining common
open space and facilities or amenities of a non-public nature.
D.
The Planning Commission and City Council may in the process of approving
preliminary and final plans indicate that a portion of the parking
area required under this Title may remain unimproved until such time
as the City Council deems it must be improved to serve parking demand
adequately.
E.
Any deviation from the requirement in the equivalent district may
be granted by the Planning Commission and Council only where there
is ample evidence that said deviation will not adversely affect neighboring
property, nor will it constitute the mere granting of a privilege.
F.
The parking ratio for grouped commercial projects shall as a minimum
follow the existing district requirements. However, approval of a
preliminary rezoning plan does not exempt the ultimate tenant or tenants
from following any higher requirement set forth in this Code for specific
uses. Reduction of setbacks or other open space shall be compensated
by additional open space in other appropriate portions of the project.
In all cases such deviation shall be in keeping with good land planning
principles and must be specifically set out in the minutes of the
Commission, as well as on plans and other exhibits in the record.
The design of all planned projects, whether residential, commercial,
industrial or mixed use, shall be such that access and circulation
by fire-fighting equipment is assured and may not be retarded by steep
grades, heavy landscaping or building space.
G.
The Planning Commission or City Council may, in the process of approving
preliminary plats, final plats, preliminary development plans or final
development plans, approve deviations from the specific terms of this
Title which would not be contrary to the public interest and where,
owning to special conditions, and provided that the spirit of this
ordinance shall be observed, the public safety and welfare is secured
and substantial justice done for the property owner or applicant.
An application for a deviation may only be granted upon a finding
that all of the following conditions have been met:
1.
The granting of the deviation will not adversely affect the
rights of adjacent property owners.
2.
That the deviation desired will not adversely affect the public
health, safety, morals, order, convenience, prosperity or general
welfare.
3.
The granting of the deviation will not be opposed to the general
spirit and intent of this Title.
4.
That it has been determined the granting of a deviation will
not result in extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
Federal or State laws.
[Ord. No. 1007 §16-219.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §405.100), 9-24-2003]
All rezonings shall be to a planned district.
