Cedar Creek Overlay District OUTLINE DRAFT August Cedar Creek

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Cedar Creek Overlay District OUTLINE DRAFT August Cedar Creek Powered By Docstoc
					Cedar Creek Overlay District                                                                DRAFT
OUTLINE                                                                              August 17, 2006

                  Cedar Creek Overlay District - OUTLINE
I. Statement of Intent
       A. Purpose
          1. Protect existing Cedar Creek development
          2. Ensure high quality development
          3. Ensure that new development is sensitive to the Cedar Creek riparian area

        B. Design
           1. Important visual area for the City of Olathe
           2. Cedar Creek is a unique and important asset to the City of Olathe
           3. In order to ensure that new development is sensitive to the area’s extreme
              slopes and the Cedar Creek riparian area two (2) areas (Area A and Area B) have
              been created within the Cedar Creek Overlay District.
           4. Each Area has its own unique standards for setbacks and homes size.
           5. The General Design Guidelines are applicable to all single-family residential
              development that occurs in the Cedar Creek Overlay District.

II. Cedar Creek Overlay District Designated
       A. The Cedar Creek Overlay District shall include all the land that is within City of
           Olathe Corporate boundary that is within an area starting at the corner of Waverly
           Road and W 135th Street; then east along 135th Street to Lakeshore Drive; then
           north along Lakeshore Drive (extended) to W 119th Street; then east along 119th
           Street to K-7; then north along K-7 to K-10; then west along K-10 to a point where
           the annexation agreement boundaries of Olathe/DeSoto/Lenexa intersect K-10; then
           continuing west along that annexation agreement boundary to Gardner Road
           extended; then south along Gardner Road to 127th Street; then west along 127th
           Street to Waverly Road; then south on Waverly Road to the point of beginning.

        B. Those areas that are within the Cedar Creek Overlay District boundary but not within
           the City of Olathe corporate boundary, upon annexation into the City of Olathe, will
           be included in the Cedar Creek Overlay District.

        C. Within the Cedar Creek Overlay District there are two (2) sub-areas (Area A and
           Area B) that in addition to all the standards contained within this section are subject
           to unique standards for setbacks and building size. Those additional standards are
           detailed in the Design Standards portion of this section.

        D. The map included in this section details the boundary of the Cedar Creek Overlay
           District and the two (2) sub-areas.

III.   Required Infrastructure Improvements
                In addition to the adequate public facilities required of all developments, before
            extensive development can occur in the area that is west of Cedar Creek and north
            of 119th Street at least two access points to this area must be available. The two
            access points must be via streets constructed to City standards and a least one of
            the access points must be via a bridge over Cedar Creek north of College Boulevard
            (111th Street). The second access point can be via a second bridge south of College

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Cedar Creek Overlay District                                                                DRAFT
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            Boulevard (111th Street) and over Cedar Creek or via City standard streets from
            either the west or south.

IV.   Permitted Uses
       A. Uses permitted by right:
            1. In AG districts, only agricultural uses shall be permitted and shall be subject to
               all applicable standards and regulations in Chapter 18.16. No Special Use Permits
               for nonagricultural uses except public parkland uses will be permitted.
            2. The only permitted zoning districts in Area A is RP-1, CP-O, CP-1, or CP-2 zoning
            3. The only permitted zoning districts in Area B are RP-1, RP-2, RP-3, CP-O, CP-1,
               CP-2, or BP.
            4. In each zoning district, all uses respective to that district shall be permitted,
               except for those listed below, and shall be subject to the corresponding
               applicable standards and regulations of the corresponding chapters.
                 The following uses shall be prohibited in RP-1, CP-O, CP-1, CP-2 and BP districts:
                 a. Amusement services, outdoor only.
                 b. Automotive repair services with overhead doors and repair bays facing an
                    arterial roadway, K-10 Highway, or K-7 Highway.
                 c. Automotive sales, leasing, and rental services.
                 d. Automotive services, other than repairs and car washes.
                 e. Billboards.
                 f. Car washes, except for single-bay car washes attached to a convenience
                 g. Correctional institutions or facilities (public or private).
                 h. Drive-in motion picture theaters.
                 i. Eating places with drive-through or drive-in service facilities (e.g. menu
                    boards, microphones, pick-up windows, stacking lanes, etc.) facing an arterial
                    roadway, K-10 Highway, K-7 Highway.
                 j. Freestanding telecommunications towers.
                 k. Frozen food services, including lockers.
                 l. Mini-storage warehouses.
                 m. Miscellaneous manufacturing industries.
                 n. Outdoor storage yards of any kind.
                 o. Retail nurseries, lawn and garden supply stores (within outdoor display and
                    storage, not within a confinement area).
                 p. Satellite dish antenna sales, unless entirely enclosed within a building.
                 q. Truck stops.
                 r. Veterinary clinics, animal hospitals or dog kennels with outside runs.
                 s. Warehousing, distribution, or storage facilities.
        B. Conditionally permitted uses:    The following uses shall be permitted, subject to
           compliance with applicable conditions:
            1. No conditional uses shall be allowed in AG districts.
            2. All uses identified as conditionally permitted in RP-1, CP-O, CP-1, CP-2, or BP,
               except for any listed above.

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            3. Accessory uses, subject to the provisions of Chapter 18.56, Accessory Uses and

V.    Implementation
            The implementation of the Cedar Creek Overlay is dependent upon utilizing
        “Planned” zoning districts. To ensure that the Cedar Creek Overlay District is properly
        implemented; before any property can be preliminarily or final platted it must be
        rezoned to a zoning district that is permissible in the sub-Area that the property lies

            In order to ensure that all development proposals comply with the Cedar Creek
        Overlay District guidelines, rezoning and preliminary development plan applications shall
        include full architectural elevations for all structures to be built in the development plan

VI.   Multi-family Design Guidelines
            All multi-family structures are subject to the City’s adopted design guidelines.

VII. Single-Family Residential Design Guidelines

               1. Exterior materials shall be consistent on all four side of the residence
                 2. Artificial, simulated, or imitation materials are discouraged and the use of
                    indigenous materials is recommended
                 3. The following materials are prohibited:
                    a. Masonite board and batt siding
                    b. Manufactured stone or rock
                    c. Masonite “Woodsman” panels
                 4. The following materials are allowed:
                    a. Wood – boards, timbers, roughsawn lumber, lapsiding, shingles, shakes
                    b. Masonry – stone, brick, stucco
                    c. Metals – aluminum (anodized or baked on enamel), copper, bronze,
                       brass, and wrought iron or galvanized iron (painted). Bright finished
                       aluminum is prohibited.
                    d. Composition Materials – Masonite lap siding or equal may be allowed on
                       certain architectural styles. Louisiana-Pacific “smart panel” siding or
                       equal may be allowed; however, vertical and horizontal batts must be
                       kept to a minimum.
                 5. Alternative building materials can be approved as part of the preliminary
                    development plan review and approval process.
                 6. A palette of colors for use on the exterior of all residences shall be approved
                    as part of the preliminary development plan.

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              1. Roof pitches must be consistent with the architectural style of the building.
                 The minimum pitch on gabled or hipped roofs is 5 on 12. Flat roofs may only
                 be permitted if they fit with the design scheme of the home and are visually
                 appealing from other lots, roads, or open space.
                 2. Roofs shall be pre-colored concrete tile, clay tile, slate, cedar shakes or other
                    material. All roofing material and roof colors shall be approved as part of the
                    preliminary development plan.
                     No gravel or tar roofs are allowed.
                 3. Roof colors shall be an integral part of the exterior color scheme of the
                 4. Masonry fireplaces are encouraged, but if a prefabricated fireplace is
                    installed, it must meet the Cedar Creek Overlay District standards of proper
                    foundation, architectural design and proper roof capping. Roof stacks and
                    plumbing vents shall be paced on rear slopes of the roofs.
                 5. Chimney flues, including caps, may not extend more than 12 inches above
                    the chimney chase, except in the case of decorate claypots.
                 6. Chimneys must extend to grade level and material must be compatible with
                    the exterior building materials.
                 7. Exposed gutters must be painted to match the fascia and downspouts to
                    match the siding, unless copper is used.

              1. Awnings and canopies are not permitted. Shutters that are a part of the
                 architectural theme of the residence must be color-coordinated to match the
                 trim of the home and must be mounted to be functional or to give the
                 appearance of being functional.
                 2. All decks must be painted or stained to match the body or trim color of the
                    home, or treated with a bleaching oil or clear water proofing sealer to
                    prevent deterioration and blackening of wood. All wood components shall be
                    redwood, cedar or pressure treated wood.
                 3. A fencing plan must be submitted as part of the preliminary development
                    plan approval. The fencing plan must detail location and materials for all
                    proposed fencing.
                    a. Complete fencing (front, side, rear) of any lot is prohibited.
                    b. Rear yard fencing is discouraged on all lots.
                    c. Fencing may not extend any further forward on a lot than the rear house
                    d. Fence material must be wrought iron or of a similar open character.
                    e. Privacy fences or walls around patio areas that are an integral part of the
                        residential design may be used but may not be closer than five (5) feet
                        from the property line or six (6) feet in height.
                    f. Sprinkler controls, air conditioners, gas meters, and other similar
                        utilitarian devices are permitted to be fenced, walled, or landscaped

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                         provided they do not extend more than two and a half (2 ½) feet into the
                     g. Any exterior fencing surrounding a residential subdivision must be of the
                        same material and design.
              1. The use of anodized metal or wood is the preferred material. Bright finished
                 or bright plated metal exterior doors, window, window screens, louvers,
                 exterior trim or structural members shall not be permitted.
                 2. Insulated glass windows, both casement and double hung are required.
                    Single glazed double hung windows that require metal storm windows are
                    not allowed

               1. All air conditioning units shall be shielded and hidden as much as possible to
                  limit the visibility from any street or adjacent property.
                 2. Window and/or wall air conditioning units are not permitted.
                 3. All garbage and trash containers shall be kept in the garage area and only
                    placed outside on the appropriate trash collection day.

            LANDSCAPING AND DESIGN – Minimum Landscaping requirements
              1. The minimum landscape value per lot is one (1%) percent of the total lot and
                 house value. Shrubs and trees can be included in the landscaping value.
                 Items that cannot be included in the landscaping value are sod, irrigation,
                 grading, and any hard surfaces.
                 2. Foundation landscaping is required for all lots. The front yards of all homes
                    shall present an attractive appearance, emphasizing and reinforcing the
                    major entry and the architectural design of the house.
                 3. The rear yards of homes adjacent to the golf course and other areas of high
                    community exposure require landscape treatment similar to that of the front
                 4. Each home shall have sufficient shrubs and hedges to provide screening of
                    air conditioner units and any other mechanical equipment.
                 5. Lots with areas of existing heavy native vegetation are encouraged to leave
                    those areas undisturbed and in their natural state. These areas must be
                    shown on the preliminary development and landscape plans and designated
                    as “Preservation Areas” that will remain undisturbed.
                 6. Any disturbed areas not in planting beds must be returned to their natural
                    state shall be sodded. When special grasses are required or are part of a
                    unique landscape design the seeding must be shown on and approved as
                    part of the landscape plan.
                 7. All grassed areas shall be provided with an underground irrigation system
                    that has 100% head coverage.

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              1. All residences shall have minimum two (2) car garage with a side entry
                 garage required on the large lots and corner lots as terrain will allow. No
                 carports are allowed.
                 2. Large expanses of paved surfaces shall be kept to a minimum.
                 3. No curb side parking areas shall be created by extending any portion of the
                    street pavement.
                 4. All proposed exterior lighting shall be detailed on the Landscape Plan.
                 5. No lights shall be aimed at streets or adjacent housing or lots. No exterior
                    lighting shall be permitted that would create a nuisance to adjoining property
                 6. Driveways shall be constructed of plain concrete, patterned concrete,
                    bominite, interlocking pavers, brick or other stone finishes area encouraged.
                    Use of crushed gravel, asphalt, or natural driveways is prohibited.
              1. No two front elevations within a subdivision can be the same.
                 2. A tree survey is required with all preliminary development plan applications.
                    The removal of trees with a four-inch caliper or greater must shown on and
                    approved as part of the landscape plan.
                 3. The exposure of a foundation by more than six (6) inches must be approved
                    as part of the preliminary development plan.
                 4. Retaining walls cannot exceed four (4) feet in height.
                 5. Driveways cannot be closer than five (5) feet from any side property line.

                 6. All single-family residences shall have a basement.

The following items shall be included in the neighborhood covenants for all
residential subdivisions. The neighborhood covenants shall be submitted and
approved as part of the preliminary development plan. The neighborhood covenants
shall establish a Home Owners Association (HOA) for each subdivision. The
subdivision’s HOA will be responsible for enforcing the neighborhood covenants.

               1. Outside antennas or satellite dishes over one (1) meter in diameter shall not
                  be permitted. Antennas or satellite dishes that are one (1) meter or less in
                  diameter may be permitted with written permission from the HOA approving
                  the placement and screening of the dish.
                 2. A flagpole for display of the American Flag shall be permitted subject to
                    approval by the HOA. No flagpole may be used as an antenna.
                 3. All signs, billboards, and advertising structures (including flags and banners)
                    are prohibited on any lot except with written permission of the HOA.

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              1. All plans for swimming pool construction, including decks, fencing, screening,
                 etc., must be submitted to the HOA for approval prior to construction.
                 2. Above ground swimming pools are not be permitted.
                 3. Swimming pools are discouraged from being placed on the street side of a
                 4. Pool screening and decks must be within the rear building setback on golf
                    course lots.
                 5. Pool houses, cabanas, or pump houses must be compatible with the
                    architecture of the residence and approved by the HOA.
                 6. Accessory structures, such as tool sheds, dog runs or doghouse are not
                    permitted, unless architecturally compatible with the residence. Any such
                    structure must be screened from view of surrounding properties and must be
                    approved by the HOA.
                 7. All playground equipment, including but limited to playhouses, trampolines,
                    swingsets, etc. shall be placed to the rear of the lot and only with the
                    approval of the HOA. All playground equipment must be constructed of
                    wood and in colors that blend with the natural surroundings.
                 7. No decorative objects such as sculptures, birdbaths, fountains, shall be place
                    or installed on the street side of any lot without approval of HOA.
                 8. Tennis courts are permitted when lot size is sufficient and conducive to the
                    placement of a tennis court. Placement of light must be approved by the
                 9. Basketball backboards are permitted only on separate poles and the
                    backboard must be constructed of a clear material. Goals can not be
                    attached to the residence. Placement of a goal must be approved by the
                 10. Solar panels shall be reviewed and approved or denied on an individual basis
                     by the HOA. If solar panels are approved, the panels shall be coordinated
                     with the roof color so as to present the least obtrusive conditions. Solar
                     panels shall be rear loaded (not visible from street), and must be installed
                     flush with the roof. Tanks and pipes must be concealed from view.

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VIII. Setbacks and building size
      Minimum                   Area ‘A’                         Area ‘C’

     Front Yard                       50 ft                         30 ft

      Side Yard                       25 ft                         10 ft

      Back Yard                       25 ft                         25 ft

      Rear Yard
                                    35/25 ft                      35/25 ft

                                  3,300 sq. ft.                 1,600 sq. ft.
     Min. Sq. Ft.

     Two Story
                                  4,500 sq. ft.                 2,200 sq. ft.
     Min. Sq. Ft.
      1 ½ Story                   4,000 sq. ft.                 1,800 sq. ft.
     Min. Sq. ft.
     1st/2nd floor             2,700/1,300 sq. ft.          1,400/400 sq. ft.

* Note:
Additional Standards for open space areas and non-residential areas are forth coming.

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