Mixed-Use Design Standards

July 1, 2009

 

MUDS 3.3 Procedures

Development Types
Mixed-Use Corridor Development Mixed-Use Center Mixed-Use Neighborhood

MUDS 3.3.1 Mixed Use Preliminary Development Plan.

Submission Requirements and Contents for Rezoning or Revised Preliminary Development Plan Applications.

  1. 1.
    All rezoning applications and revised preliminary development plans shall provide all submittal requirements as provided in Section 18.140.190 of the Unified Development Ordinance.
  2. 2.
    In addition to those requirements listed above all rezoning and revised preliminary development plan applications shall submit the following plans and manuals:
    1. A.
      Regulating Plan
    2. B.
      Building type Plan
    3. C.
      Street Type plan
    4. D.
      Utility Location Strategy
    5. E.
      Project Design Manual
    6. F.
      Additional plans or studies deemed necessary by the Director of Planning and Development Services

MUDS 3.3.2 Modification to Approved Plans.

  1. 1.
    After rezoning, the Director of Planning and Development Services may grant approval for changes to the approved development submittal that does not conflict with the approved plans or manuals of the project, subject to the following criteria:
    1. A.
      Internal sub-zones in an MXD development may be changed administratively if no internal property or units have been sold to a separate entity.
    2. B.
      Perimeter sub-zones in an MXD development may be changed to a less intensive sub-zone without a public hearing. Any changes of perimeter sub-zones which result in a more intensive sub-zone being located within 200 feet of the perimeter property line of an MXD zoned development shall result in a revised preliminary plan subject to the requirements found in the UDO Section 18.140.150. For the purpose of the section the MXD sub-zones from the most intensive to the least intensive shall be as follows:
      • Core
      • Center
      • General
      • Edge
      • Civic
  2. 2.
    The Governing Body, Planning Commission, or Director of Planning and Development Services, shall approve amendments to the MXD plans and manuals upon a determination that the following criteria have been satisfied:
    1. A.
      The plan conforms to the applicable MXD regulations and any other adopted plans and policies.
    2. B.
      The plan complies with the criteria set forth in UDO Section 18.140.180 C - Consideration of site plans.
    3. C.
      The landscaping and screening is provided as set forth UDO 18.450 and the MXD Design Standards.
    4. D.
      All submission requirements have been met.

MUDS 3.3.3 Approval of Mixed Use Final Development Plans.

After approval of the Mixed Use preliminary plan all Mixed Use developments requiring a building permit, site development permit or sign permit, may be approved administratively by the Director of Planning and Development Services subject to meeting the approved plans and project design manual. Applications which have been denied by the Director of Planning and Development Services, may appeal the Director’s decision to the Planning Commission, provided written notice is provided to the Director within 14 days following the Director’s decision. In the event an application is appealed to the Planning Commission, the procedure outlined in 18.140.490(A) 1-5 shall be followed.

MUDS 3.3.4 Mixed Use Development Plans: Content and Submission Requirements.

Application for Mixed Use final development plans may only be submitted for property that is zoned to the Mixed Use District. Mixed use development plans shall include the information listed in 18.140.210 to the extent that it is pertinent to the application.

MUDS 3.3.5. Modification to Allow Alternative Compliance.

In addition, the Director of Planning and Development Services may waive or modify any design standard contained in these Mixed Use Design Standards to encourage the implementation of alternative or innovative practices that implement the intent of the modified standard(s) and provide equivalent public benefits without significant adverse impacts on surrounding development.

MUDS 3.3.6. Modification to Previously-Approved Mixed-Use Development Plans.

For properties zoned to the Mixed-Use District prior to adoption of these Mixed-Use Design Standards, any change that requires a Revised Preliminary Plan with notification based upon the criteria set forth in Section 18.140.200.A.3 of the Unified Development Ordinance, the Revised Preliminary Plan shall meet all standards and requirements found in the City of Overland Park Mixed-Use Design Standards.

Effective on: 1/1/1901