RESOLUTION NO. 2196 RESOLUTION NO. PC-47 A RESOLUTION FOR ADOPTION OF THE 1988 LAND USE INTENSITY SYSTEM UPDATE: RESCINDING CITY COUNCIL RESOLUTION NO. 1732 AND PLANNING COMMISSION RESOLUTION NO. 20. WHEREAS, the Governing Body and Planning Commission of the City of Overland Park, Kansas, adhere to principles of rational, efficient, effective and equitable planning; and WHEREAS, the Governing Body and Planning Commission desire that developments continue to maintain or enhance the quality of life for all residents, present and future, of Overland Park; and WHEREAS, the Governing Body and Planning Commission, upon recognizing a need for translating the Master Plan into current situations and to avoid the hazards of incremental zoning decisions, adopted the Land Use Intensity System; and WHEREAS, the Land Use Intensity System has been researched, tested and applied over a period of eleven (11) years with general success; and WHEREAS, the Governing Body and Planning Commission found the need for revisions to reflect increased concern with traffic volumes and impacts from the LUI Traffic Study, to increase the administrative precision, and to eliminate confusing aspects of the present system; and WHEREAS, the Governing Body and Planning Commission recognized the need for clarifying the linkages between the Master Plan, Zoning Ordinance, Capital Improvements Program and other City policies; and WHEREAS, the Governing Body and Planning Commission seek to include all the major developable tracts within the City in the Land Use Intensity System. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY AND PLANNING COMMISSION: That the Governing Body and Planning Commission on their own behalf and on behalf of all citizens of the City of Overland Park, Kansas, do hereby adopt The 1988 Land Use Intensity System Update, duly incorporated by reference and on file in the office of the City Clerk as an appropriate planning guide for the review and action on development proposals within the City. RESOLUTION NO. 2196 - Continued FURTHER, the Governing Body and Planning Commission do hereby adopt the following provisions: PROVISION #1 The City Council and Planning Commission shall in the review of rezoning cases and development proposals use the Land Use Intensity System Update as a technical and policy planning guide in their evaluation of these proposals. The Governing Body's action shall generally follow and comply with the principles explained within the Land Use Intensity System Update provided it is consistent with other established planning criteria and shown to be in the best interest of the citizens of Overland Park. PROVISION #2 In those cases where zoning has been granted which approaches or exceeds the intensities and traffic handling capacities displayed in the Land Use Intensity Traffic Report and any amendments thereto, the Governing Body or Planning Commission may require as part of the rezoning process each individual developer to provide the City a professional traffic engineering report that addresses the problem of roadway capacity and phasing of development. In addition, the Governing Body and Planning Commission shall be on record as encouraging developers to phase, restructure, or reduce the size of their development; to use staggered work hours; to use ridesharing techniques; and to use public transportation until the traffic overloads displayed are reduced. PROVISION #3 Since most efforts produced by urban development are irreversible, it is most important to the citizens of Overland Park, Kansas, that overdevelopment does not occur. However, it an applicant finds that these techniques are unreasonable as applied to his/her project, it shall be the intent of the Governing Body and Planning Commission that certain remedies, adjustments, or allowances may be permitted provided the relief is the minimum necessary and the relief granted does not undermine the intent and purpose of the Land Use Intensity System Update. PROVISION #4 The 1988 Addendum to the 1983 Land Use Intensity System Update was completed to include the Stanley-Morse area which was annexed in 1985. Unique development patterns in Stanley were established prior to its annexation and it is the intent of the Governing Body and Planning Commission to recognize the special character of this area of the City. The Addendum to the Land Use Intensity System Update is sensitive to this and the criteria within this guide has been adapted to the special developmental circumstances of Stanley. Specifically, the land use intensity ratings are assigned in ten-acre tracts as opposed to forty-acre tracts which are used in the rest of Overland Park. This was done to discourage consolidation of properties when necessary to achieve the best site planning potential. RESOLUTION NO. 2196 - Continued PROVISION #5 The Governing Body and Planning Commission recognize the need to keep the Land Use Intensity System Update current. Therefore, another purpose for writing the 1988 Addendum to the Land Use Intensity System is to update land use intensity assignments in the K-150 Corridor. The 1986, K-150 Corridor Study assigned new land uses as well as new land use intensity ratings to the Corridor. Other land use changes have also occurred through rezonings since the K-150 Corridor Study was completed. All of these changes are reflected in the 1988 addendum. ADOPTED by the Planning Commission of the City of Overland Park this 26th day of September, 1988. (s) Charlene Conrad Chairwoman APPROVED AS TO FORM: (s) Karen Arnold-Burger Assistant City Attorney APPROVED by the Governing Body of the City of Overland Park this 17th day of October, 1988. (s) Ed Eilert Mayor ATTEST: (s) Bernice Crummett Finance Director/City Clerk