CITY OF NEWTON & NORTH NEWTON, KANSAS FUTURE LAND USE
CHAPTER FIVE FUTURE LAND USE
FUTURE DEVELOPMENT PATTERNS
The Comprehensive Plan has established two key objectives as the highest ranked priorities during the goal setting process:
• Planned land use; and • Coordination of land use planning between the cities and the county.
To achieve proper land use planning in the context of city-county coordination, the cities of Newton and North Newton must continue planning on the basis of watersheds. The logical service areas outside of the corporate limits of the two cities form the logical geographic area for extending services and for annexing territory.
Residential Development
In establishing which pattern of development may be expected in the Newton area, the extreme higher-density residential development pattern as presented on the table below was rejected as unrealistic. The higher-density extreme would dissipate 80% of residential housing developed in a high-density of 10 units per acre. The pattern of development this dense does not predominate in that region. Instead, a low/moderate density development pattern is most reasonable, whereby 80 to 90% of residential development is single family homes. The extreme low-density scenario of development is not feasible given the development policies of the county. Such policies combined with the market costs and development expenses of residential development on public sanitary sewer dictate the low to moderate density patterns.
Residential development in the Newton/North Newton area is projected to follow the pattern shown on the future land use plan map, based on the ability and willingness of the cities to extend sanitary sewer mainlines. Low to moderate density development is expected to proceed within the five drainage basis identified in Chapter 3, Public Facilities. Residential development is projected to extend in four directions:
• West of the cities within the Mud Creek drainage basin as infill in and around the following subdivisions: Moorlands, Royer West, Hidden Meadows, and Lazy Creek. • In the southern corridor of the cities along the old 81 Highway/Kansas Avenue as extensions of the existing Stratford Place addition, Stone Gate addition, Quail Creek addition, and the Turkey Red addition. Further development is available in mixed use patterns south of southeast 24th Street to the section line one mile south at southeast 36th Street (the location of the factory outlet center). • Development to the east along 1st Street toward the airport. • Development north and northwest of North Newton between US Highway 81 and Interstate 135.
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Table 20: Projected Density of Residential Development in the cities
Population/Acre Density 1.0 Unit 2.8 Units 10.0 Units at Patterns per 3 Acres per Acre per Acre 2.54 Persons/Unit
Low Density 40% 60% 0% 4.6 Low/Moderate Density 10% 80% 10% 8.3 Higher Density 0% 20% 890% 20.3
Source: Bucher, Willis & Ratliff
Probable Residential Development Pattern -- Near-Term
The most probable development pattern for the cities of Newton and North Newton is a low-to- moderate-density development pattern. The low-to moderate-density residential pattern is summarized in the table above. The scenario is presented as an ultimate build-out pattern of urban development in the Cities, either on vacant parcels and platted lots as infill housing, or on newly subdivided land. The pattern represents gross density of 3.3 units per acre on average for residential development. The development scenario is based on the population projections which indicate population growth.
For planning purposes the planning growth areas are expected to experience urban growth in up to three or four square miles of land during the next 20 years, applying the 3.0 multiplier to account for “market inefficiencies.” The multiplier is applied because of the dispersed nature of development at the "urban fringe." Residential development is expected to spread in two patterns:
¾ In low-to moderate-densities west, east and south of Newton served by municipal waste water systems;
¾ Incrementally on infill lots currently platted and served by sewer in the cities; and
¾ Northeast and northeast of North Newton along the old Highway in areas where the cities elects to extend main trunk line sanitary sewers.
The Future Land Use Plan Map will illustrate the adopted land use plan policy. The residential developments are presented in the development patterns noted above, and grouped in compatible districts. The map becomes a policy guide for future zoning amendments, capital improvement programming and related plans.
The “Land Use Categories” of the map legend correspond generally to zoning district classifications of the cities of Newton and North Newton zoning regulations. There are three categories, however, that relate to development patterns more than land usage: the Mixed Use, Phased Development and Long-term Development categories.
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Mixed Use Development. The cities of Newton and North Newton may permit limited types of retail- and office-commercial land uses in the same district classification--particularly in the emerging south corridor. The “mixed use” category is intended to indicate that the private sector should be allowed maximum discretion when seeking a high intensity zoning district classification.
Phased Development. Due to topographic constraints--the Sand Creek, Mud Creek and other creek drainage basins--development around the cities becomes inefficient if not planned in a phased way of providing municipal services, especially sanitary sewers. In order to provide municipal services in an efficient manner the cities should established that areas designated as solid colors on the Future Land Use Plan map comprise the “Urban Service Areas”. When so designated, the area should be planned for annexation when considering extending municipal services. This policy will allow the cities of Newton and North Newton to target capital improvements in a more comprehensive way.
Long-term Development. The cities have the capacity to serve future development which should occur beyond the 15-20 year time frame of the comprehensive plan. In these cases, the “long-term” designation indicates where land should be allowed to develop in the near-term at low densities. These are lands on the outer fringe of the “PLURAL” area on the Future Land Use Plan map. Two development patterns should be allowed:
• sell-offs in the A-Ag Zoning Districts at densities of approximately one non-farm residence per 40 acres; and • large lot residential development at densities of one dwelling per 5-to-10 acres.
The PLURAL area should be planned for coordinated growth under the influence of the cities of Newton and North Newton in order to maximize local municipal coordination of services. The plan proposes formation of a new “Regional Planning Commission” appointed by the cities and the counties, and governed by one set of rules instead of two. Also, building codes could be extended to the PLURAL area once the cities exercise administrative control, as provided by Kansas state statute.
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Cities of Newton and North Newton Future Land Use Plan Map Legend -- Explanation
The "Future Land Use Plan" map is developed based on the following legend:
Long Term Development All exempt farming uses, as defined in the zoning regulations; holding areas for future urban uses. Low- density residential development with on-site waste water service, at least 5.0 acres for each unit. Plan for development at urban densities beyond the time frame of the Comprehensive Plan, as future extensions of the Urban Service Areas.
Lower Density Residential Development at densities of 1.0 to 4.0 units per acre; served by municipal services as extensions of the Urban Service Areas.
Higher Density Residential More than 4.0 units and up to 10.0 units per acre.
Business Park/Mixed-use Service-commercial, office-commercial and semi- public institutional uses, such as medical office complex; limited light industrial uses within a unified district with design standards to assure compatibility with the service-commercial and office uses; limited retail on conditions to support office uses.
Public/Semi-public Uses Institutional uses for government and educational purposes primarily.
Retail-Commercial Retail business uses, including shopping centers and isolated retail establishments.
Light Industrial Industrial assembly and warehousing, with limited manufacturing uses as defined in the zoning regulations based on SIC codes.
Heavy Industrial Intensive land uses for manufacture and assembly of goods associated with industrial activity, as defined in the zoning regulations based on SIC codes.
Urban Service Area Land areas defined by the “Natural Features Map” where residential, industrial, commercial and office uses are anticipated to be annexed and served with municipal services. The zoning would be controlled with “Special Use Overlay Districts” to assure proper phasing of services in the Urban Service Areas, as well as land use compatibility--both to neighboring residences and to rural uses.
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Parks/Linear Parks Park land and active recreation linkages from one park to another park, such as along Sand Creek.
Phased Development Development of land uses to occur within the time frame of the Comprehensive Plan subject to the availability of city services, particularly in Urban Service Areas. Priority will be given to development in other areas of the community in order to maximize the efficient use of city resources.
Chart of Correlation between the Future Land Use Plan Map and Zoning Districts
Future Land Use Plan Zoning Districts
Agricultural Uses/Holding Area A-Agriculture Long Term Development L-T/S-F (Long-Term/Single-Family) Lowest Density Residential R-S in Harvey County Zoning Low Density Residential R-1, R-2 Higher Density Residential R-3, M-H, M-P Business Park/Mixed-use Any zoning district permitting service-commercial, office-institutional and light industrial uses developed within a unified concept as a Planned Development, “P-D” district. Public/Semi-public Uses P-O Retail-Commercial C-1, C-2, or C-3 Light Industrial I-1 Heavy Industrial I-2 Urban Service Areas Any district which would permit urban growth outside the cities, and would be subject to annexation as well as zoning “Special Use Overlay District” controls. Park/Linear Park R-S, R-1, or P-O
(Districts in italics are proposed new districts for the cities to adopt as zoning text amendments.)
Recommendations for Future Land Use Development
Based on the goals and objectives of the plan, the existing land use patterns of the cities, and the future land use issues of the plan, the following recommendations should be followed in implementing the future land use plan, the intent of which is illustrated on the "Future Land Use" map.
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Recommendation -- Residential Land Use
Encourage opportunities for expansion of residential development in the Urban Service Areas of Newton and North Newton where indicated on the Future Land Use Map.
• Prepare for higher-density development in and adjacent to future business districts in growth areas, along the Old Highway 81 corridor; • Amend zoning regulations to expressly require site plan review procedure, in all multifamily and non-resident districts; • Adopt screening and landscape standards to ensure compatibility between higher-density and existing low-density residential districts, as well as between residential and non- residential districts; • Update landscape requirements for off-street parking screening; and • Adopt design standards for reviewing multifamily development which address:
• Site appropriateness, • Building arrangement, • Access, • Parking and circulation, • Service facilities, • Outdoor storage, • Buffers from neighboring land uses, and • Signage and lighting.
Stabilize existing residential neighborhoods.
• Create financing through "Neighborhood Reinvestment Act" programs and targeted special assessments; • Concentrate multifamily housing as buffers between commercial uses and single-family residential uses; • Implement site plan review to protect established areas from new development; and • Target capital improvements to maintain infrastructure in established neighborhoods, such as sidewalk in-fill development.
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ANNEXATION
Due to positive progress in the extraterritorial zoning issues with Harvey County, the Cities should examine the issue of annexation. Future annexations should be planned as presented in the public facilities section to avoid straining municipal resources. To most efficiently utilize current infrastructure investments, further annexations should be undertaken as part of the proposed five year capital improvements program (CIP).
Recommendation - Annexation
Strategically plan annexations in the near-term.
• Further annexation should be undertaken within the next five years within planned “Urban Service Areas” in response to urban growth pressures. • Annexation should be targeted to control short-term development in Urban Service Areas which are important to long-term growth plans (e.g., the Old Highway 81 corridors north and south of the cities). • Where annexation would add an area with short-term development potential which can be easily serviced by existing infrastructure.
Absent the presence of one of these three factors, annexation should not be undertaken. This recommendation must be tempered, however, by the realization that poorly planned development outside current boundaries could limit the cities's future growth capabilities. Thus, annexation decisions must balance the problems of assuming short-term service costs against the long-term benefits.
OPEN SPACE
The amount of open space within Newton and North Newton directly impacts the quality of life of its residents. Therefore, it is important to maintain adequate amounts of open space within the cities. Open space is defined as an area of land or water or combination thereof planned for maintenance of the natural environment in its undeveloped state; or for passive or active recreational use by all residents of a platted subdivision, or by the general public, including an area of recreational activities such as swimming pools, tennis courts, and shuffleboard courts; and which does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas.
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Recommendations -- Open Space:
Provide for the appropriate use of open space within Newton and North Newton.
• Amend zoning regulations to expressly require open space designated on all site plans and subdivision plats of parcels greater than five acres; • Amend zoning regulations to establish agreements between the cities and applicants providing for the establishment of an association to maintain dedicated open space. Such agreements should include provision for default, cure by the cities and enforcement; • Amend zoning regulations to prohibit the association from disposing of the open space established in the preceding section by sale or otherwise without first offering to dedicate the same to the cities; and • Amend zoning regulations to require the provision of open space to buffer dissimilar uses or to counterbalance any reduction in lot area, yard size or bulk limitations.
COMMERCIAL GROWTH
The plan projects retail development based upon an Urban Land Institute analysis of retail commercial patterns, summarized as follows:
The neighborhood center provides for the sale of convenience goods (food, drugs, and sundries) and personal services, those which meet the daily needs of an immediate neighborhood trade area.
A grocery store is the principal tenant in the neighborhood center. Consumer shopping patterns show that geographical convenience is the most important factor in the shopper's choice of supermarkets. The customer usually chooses such stores from among those most conveniently located, usually those nearest the shopper's home. Only as a secondary consideration does wide selection of merchandise or service come into play.
The neighborhood center has a typical gross leasable area of about 50,000 square feet but may range from 30,000 to 100,000 square feet. For its site area, the neighborhood center needs from 3 to 10 acres. It normally serves a trade area population of 2,500 to 40,000 people within a 6-minute drive.
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The community center is built around a junior department store or variety store as the major tenant, in addition to the supermarket. Such a center does not have a full-line department store, although it may have a strong specialty or discount store as an anchor tenant.
The community center has a typical gross leasable area of about 150,000 square feet but may range from 100,000 to 300,000 square feet. For its site area, the community center needs from 10 to 30 acres and, normally, serves a trade area population of 40,000 to 150,000 people.
The regional center is a mall development with multiple retail vendors and enclosed shops, serving a trade population in excess of 150,000 persons.
Recommendations -- Commercial Development
Support commercial growth with financing mechanisms.
• Prepare financing plans, such as special assessment districts, to extend infrastructure improvements to connect to utility main extensions; • Target C.I.P. projects to support development within commercial districts.
Create good urban design along commercial thoroughfare corridors by linking developments with common and consistent design patterns to promote orderly commercial development.
• Amend commercial district regulations to expressly require site plan review of all commercial development and to establish design standards; • Cluster commercial centers, particularly community centers, at the arterial roads which connect to the highway interchange, such as along Old Highway 81; • Coordinate major thoroughfare improvements in the Major Street Plan with patterns of commercial growth so that streets can accommodate increased traffic volumes, in particular on future north/south streets on the east and west sides of the cities; and • Create strong continuous corridor edges using either consistent building setbacks or continuous sequences of plant materials, street light standards and compatible signage; • Minimize curb cuts and median breaks by requiring adjacent commercial uses to design internal connections between parking lots to minimize street traffic and curb cuts; • Require all commercial developments to be pedestrian-oriented with clearly identified walk-ways between parking lots and buildings;
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• Lighting for businesses and parking lots should be low glare and designed so as not to shine directly into adjacent residential areas; • Where possible, encourage the location of developments internally to site, maintaining a solid vegetated edge along thoroughfare frontage; • Require substantial vegetated buffering and screening of distracting and unsightly development elements; • Require substantial vegetated buffering and screening between incompatible land uses; • Require parking lots to be planted with street landscaping as well as appropriate number of shade trees (one tree for every five to ten parking spaces is recommended); and • Require commercial and industrial developers to maintain trees and plants they have installed as landscaping.
When regulating new commercial development on arterials such as East First Street, protect the capacity of the road to carry arterial traffic.
• Businesses should be clustered in developments to allow for the preservation of turning movement capacity; • Use the site plan review process to promote clustering development for maintaining design standards and preserving traffic capacity; • Orient and align buildings and developments with a sensitivity to the existing cluster development along the corridor and to establish a sense of design; and • Encourage the design of residential and office park internal traffic circulation to make parking more efficient.
The cities should establish guidelines to provide a clear, consistent approach to the review of zoning and development requests for two principal types of commercial developments:
• mixed-use business park centers; and • commercial strip shopping centers.
The first category is a new concept of commercial development important to the I-135 corridor along south Newton and north of the two cities in the North Newton Interstate 135/K15 corridor. Both cities should identify land for large-scale business park and office-commercial uses. Strip commercial centers will continue to develop as retail-commercial developers seek high traffic count locations on arterial streets. The commercial strips should be allowed to develop on arterial roads, only, as indicated on the Future Land Use Plan map.
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MIXED-USE/BUSINESS PARK CENTERS
A shift from a corridor which is strictly segmented by zoning--retail, or office or industrial--to a corridor with mixed-uses requires an examination of land use/market demand, traffic effects, fiscal impacts and infrastructure demand/constraints. Land use compatibility is a primary concern, as is controlling traffic, promoting quality design, and encouraging landscaping and appropriate screening from the highway and adjacent land uses. The Mixed-Use development scenario is presented as a recommended development plan for the corridor to a) promote quality design in high-visibility locations to Newton/North Newton along the interstate, and b) reserve large acreages for large-scale development.
Land Use. The corridor should be protected from land use incompatibilities through land use restrictions and careful site design standards adopted by the cities. Acceptable land uses were considered that are compatible with existing industrial uses. They include: industrial parks, office parks, business parks and mixed-use developments. The study finds that the uses are compatible with and appropriate for the area. To provide a basic understanding of these terms, the Urban Land Institute provides appropriate definitions.
Industrial Park: An organized or planned industrial district is a tract of land which is subdivided and developed according to a master site plan for the use of a community of industries, with streets, rail lead tracks and utilities installed before sites are sold to prospective occupants.
Office Park: A development on a tract of land that contains a number of separate office buildings and supporting uses and open space that is planned, designed, built and managed on an integrated and coordinated basis.
Business Park: Includes a combination of office and industrial uses based on function, activity and appearance, based on the multi-use character of industrial parks and to de- emphasize physical industrial characteristics. Business parks typically require high visibility from major transportation routes and are set on large parcels with a high level of landscaping and site design. They generally avoid locations with significant retail development and attendant traffic congestion. An example of such a facility would be a campus-like corporate headquarters facility with the possibility of some adjacent production or warehousing functions, hotels, and some business service commercial (e.g., copy shops, travel agencies).
Key land use issues to consider in implementing the mixed-use development scenario include ensuring that future uses avoid interfering with existing industrial uses; and that such uses present a high quality image at key gateways to the two city. The following land use patterns are key elements of the mixed-use scenario:
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• On the west side of I-135 office, research and development, lodging, and service- commercial developments are anticipated, such as car dealerships and auto service, as well as large-scale retail uses that generate relatively light traffic, such as furniture stores. On the east side of I-135, only industrial and distribution uses would be permitted with some accessory office development.
• Commercial-retail would be restricted to portions of Office Parks or Business Parks as a relatively small percentage of land uses in the mixed-use districts; and immediately south of the U.S. 50 Bypass and I-135 intersection.
• Mixed-use developments in the corridor would be subject to performance standards linked to measurable impacts, for example, traffic impact.
• Service-commercial uses, such as auto dealerships, would be allowed through an overlay district with additional use restrictions to maintain quality image.
• Certain retail-commercial uses, such as restaurants, should be allowed as accessory uses within principal uses in support of surrounding service-commercial and business park uses, not in service to a regional market.
• No business activities involving outdoor storage of construction equipment, materials and supplies.
• Parcel sizes should be a minimum site size (e.g., 5 acres). Such an approach will help ensure that developments relate well to one another, that access is efficient, and that development quality is relatively uniform throughout the corridor.
Development Design/Regulatory Issues. Concerning compatibility, the mixed-use developments should be subjected to newly adopted site plan review standards and procedures, and new regulatory standards. From an administrative perspective, the county and city need to consider the question whether one set of development rules and procedures should be applied in this area, or whether the current system of dual reviews continues to make sense. Additionally, with the potential market demand for development of large scale commercial uses, a key question facing the cities is what changes are needed in their respective development codes to accommodate mixed-use business park developments in the corridor and protecting existing residential developments, such as Quail Creek subdivision.
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These issues raise questions related to allowable uses, controls on particular uses, minimum site sizes, access/linkages with adjacent development, and design (landscaping, signage, buildings, etc.). The concern over development quality also raises the issue whether the cities should consider adopting a site plan review process so that development standards can be applied in a uniform and thorough manner. Development Code Revisions. The cities should adopt a new site plan review process for all proposed developments in the corridor. All developments, including uses by right, would be required to submit site plans to the appropriate review body which would enable the cities to determine whether overlay development standards were being complied with. Site plan review processes have been adopted by many communities across the United States to ensure more thorough review of development proposals and adherence to development standards.
Because of the unique nature of the study area, the desire to encourage a targeted list of uses, and the need to ensure high-quality mixed-use development (especially on the west side of I-135), the cities need to make a number of changes in their development codes (especially for the “Urban Service Area” if the county agrees to allow the cities to assume zoning authority in the area). These changes relate to allowable uses, site size restrictions, access, and design. While piecemeal changes might be made to their existing zoning/subdivision regulations, we recommend that the cities jointly develop and adopt an overlay district tailored to the corridor. This overlay would apply to all properties west of I-135 and within a specified distance east of I-135 (e.g., 300 feet) and would supplement existing development codes and supplant them if there was any conflict.
Key features of the new overlay district would include:
Use Issues. To ensure that future uses in the area are compatible with the mixed-use concept and avoid interfering with existing industrial uses, the cities should consider including the following features in a new overlay district:
• Specify allowable uses on the west side of I-135 such as office, research and development, lodging, and service commercial. On the east side of I-135, primarily industrial/distribution uses would be permitted with some accessory office development.
• Restrict specific uses, such as large amounts of retail-commercial land both east and west of I-135, except immediately south and north of the U.S. 50 Bypass. This could be done by drafting a new list of allowable uses in the corridor for the overlay district, or indirectly by either limiting the size, prohibiting free-standing commercial uses, or by capping the amount of traffic uses can generate so that they primarily serve office/industrial uses in the area.
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• Certain commercial support uses such as restaurants might be made special permit uses subject to conditions such as location near an interchange, limits on amount of square footage if not near interchange, etc.
Parcel Size Issues. To ensure that parcels in the corridor are not split up into small lots and developed piecemeal, the cities should consider requiring that developments be of a minimum site size (e.g., 5 acres). Such an approach will help ensure that developments relate well to one another, that access is efficient, and that development quality is relatively uniform throughout the corridor.
Design Issues. Quality of new development in the corridor is a critical concern if the cities are to foster attractive mixed-use development in the corridor. Important factors to be considered include:
• Building orientation/setbacks--An increasing number of jurisdictions require primary entrances of buildings to front on the major thoroughfare in an area to avoid haphazard site development patterns. All developments in the corridor should be required to face I-135. Also, special minimum/maximum setback standards should be considered to avoid inconsistent building placement along the corridor.
• Parking location--Some jurisdictions limit the amount of parking in front of primary facade to avoid the appearance of seas of parking along a main thoroughfare.
• Building facade treatment--Standards should be adopted requiring that the facades of all buildings receive some treatment to avoid long expanses of blank walls. Rear/side walls should also have some detailing.
• Building materials--To ensure high-quality building materials compatible with a mixed-use development area, the cities should consider forbidding certain materials such as tilt-up concrete panels and metal buildings.
• Landscape requirements--Perimeter and parking lot landscaping requirements need to be improved. For example, trees should be required to be planted along the I-135 frontage and parking lots should have interior planting islands.
• Signage controls--All signs in the corridor should be ground-mounted monument signage limited in size to more than 64 square feet. Off-premise signs (billboards) should not be allowed in the district. Each site with multiple uses should develop a master site plan for review during the site planning process.
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• Service facilities/loading areas--The cities should adopt special standards for placement and screening of trash receptacles, loading areas, and other service facilities.
DOWNTOWN DESIGN GUIDELINES
In the “C-3", Central Business district, no building shall be erected that does not meet the following minimum standards:
A. Careful consideration of durable materials, proportions, and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important. Building roof tops shall have at least two of the following features:
1. Parapets concealing flat roofs and roof top equipment;
2. Overhanging eaves;
B. Roof mounted equipment, including ventilators and satellite dishes shall be screened from view (100% opacity) or isolated so as not to be visible from ground level of any adjacent public thoroughfare or residentially-zoned area, up to a maximum of three hundred feet (300') away. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.
C. All electrical and mechanical equipment located adjacent to the building and visible from any adjacent public thoroughfare or a residentially-zoned area shall be screened from view (100% opacity), up to a maximum of three hundred feed (300') away. Such screens and enclosures shall be treated as integral elements of the building’s appearance.
D. All telephone and cable television lines, electrical services and distribution lines shall be placed underground, except that this provision shall not include meters, electric and telephone service pedestals, transformers, three-phase feeder lines, subtransmission and transmission lines (34.5kv and above), electrical substations and such other facilities as the utility may deem necessary to install utilizing "overhead" type construction.
E. The form and proportion of new buildings or redevelopment shall be consistent or compatible with the scale, form and proportion of existing development in the downtown.
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F. Pedestrian Access: Pedestrian access shall be an integral part of the overall design of each commercial development. The pedestrian access should provide not only safe and convenient access to and from off-street parking areas but should also connect with abutting properties and developments so as to create an alternative means of transportation for residents of the downtown:
1. Sidewalks at least 5 feet in width shall be provided along all sides of a lot which abut a dedicated public or private street. A continuous internal pedestrian sidewalk shall be provided from the perimeter public sidewalk to the principal customer entrance(s). This internal sidewalk shall feature landscaping, benches, and other such materials and facilities for no less than 50 percent of its length.
2. Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting a public parking areas. Such sidewalks shall be located at the building facade to provide continuous edges; and shall incorporate planting areas for landscaping along the street.
3. Internal pedestrian sidewalks shall be distinguished from driving surfaces through the use of special pavers, bricks, or scored concrete to enhance pedestrian safety and the attractiveness of the sidewalks.
H. Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes indigenous to the downtown. The use of walls in a single color, with little detailing or completely blank, is strongly discouraged.
I. 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.
J. Loading docks, trash enclosures, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are reduced to as great an extent as possible and are out of view from adjacent properties and public streets.
K. Building facades that are 100 feet or greater in length shall incorporate recesses and projections along at least 20 percent of the length of the building facade, reflecting the archetype of the downtown. Windows, awnings, and arcades must total at least 60 percent of the facade length abutting any public street.
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L. When a building facade 100 feet or greater in length abuts a residential district, an earth berm of at least six feet in height shall be installed between the building facade and the abutting residential district. The earth berm shall be landscaped with evergreen trees at intervals of at least 20 feet on center, or in clusters.
M. Minimum Exterior Building Material Standards: A minimum of 50% of each exterior wall shall consist of one or more of the following materials:
1. Masonry: Masonry construction shall include all masonry construction which is composed of solid cavity faced or veneered-wall construction, or similar materials.
(a) Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all- weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.
(b) Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weather common brick or other all-weather facing brick.
(c) Stucco or approved gypsum concrete/plaster materials.
2. Glass Walls: Glass walls shall include glass curtain walls or glass block construction. A glass curtain wall shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass, and other surfacing material supported in a metal framework.
3. Wood other than exposed plywood paneling.
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STRIP COMMERCIAL DESIGN GUIDELINES
The commercial strip centers serve as districts for commercial activity and focal points. These guidelines are intended to accomplish the following:
• Provide for the proper sizing and location of new retail zoning requests and developments;
• Improve on- and off-site vehicular and pedestrian circulation and safety;
• Allow commercial strip centers to develop on arterial streets while at the same time preserving the capacity of the arterial street to carry city-wide traffic; and
• Improve the visual character and identity of retail centers, strip centers, and major transportation corridors.
These guidelines are intended to supplement the Cities of Newton and North Newton’s regulatory review process. Each of the nine design elements or sections includes a statement of purpose and a listing of key issues. The applicant will be expected to address these issues by: a) complying with the guidelines for each section; or b) proposing alternative solutions that specifically address the identified issues.
The guidelines should be officially coordinated with adopted zoning and subdivision regulation amendments; however, the process is intended to remain flexible. The applicant is encouraged to propose innovative alternatives that accomplish the stated purpose of the guidelines.
The guidelines will be used by staff in its initial discussions with the applicant as he prepares his submission. Upon receipt of a zoning case, concept plan, or site plan, the staff will evaluate the request based on its compliance with guidelines or upon how effectively it addresses the intent of each section through alternative solutions. The applicant shall clearly show how he addressed the key issue(s) with supportive information and data.
When an applicable zoning case, circulation plan, land use plan, preliminary site plan, or site plan is presented to the Area Planning Commission and/or Governing Body the staff's recommended action will be included. Staff's recommendation will be based on its determination of the proposal's conformance to the guidelines and/or its effectiveness in meeting the purposes and issues of the various design elements.
Site Appropriateness--Retail Strip Centers.
Purpose: In order for the retail centers to best serve as corner neighborhood shopping centers, certain parameters need to be addressed. These include:
- appropriate site location;
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- efficient site shape and size; and - site accessibility.
Guidelines:
• Retail centers should typically be located at the corner of two major thoroughfares.
• Sites for neighborhood commercial centers should be generally 6 to 10 acres to accommodate 30,000 - 100,000 SF of retail space including serving a 1 ½ mile radius for 1 or 2 "anchor" stores. Community centers should be planned for a larger site.
• Sites should generally be accessible from major thoroughfares at median breaks and located along at-grade intersections.
• Sites should be accessed from local streets that are segregated from the street system of residentially zoned land.
• Topography and drainage should be addressed with regard to corner shopping locations.
Building Arrangement
Purpose: Proper arrangement of buildings on a site provides for efficient and viable long term use. Key issues include:
- storefront visibility and accessibility; - relationship of buildings to each other; - orientation to thoroughfares; - compatibility with surrounding land uses; and - re-use of buildings and adaptability for new tenants
Guidelines:
• Storefronts should generally be visible from main circulation aisles unless a "mall" or courtyard approach is used.
• Pad sites, generally defined as free standing structures of less than 5000 SF of floor area, should be limited to one per 5 acres of land area.
• Buildings should be arranged to reduce visibility of service areas from streets, customer parking areas and adjacent properties.
• Bay depth of buildings should be sized to accommodate a variety of potential uses.
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• Two-story buildings should generally not be placed adjacent to single- or two- family residential districts, nor between the main building(s) of a center and streets.
• Buildings should be grouped along one side lot line, with one end at the front yard building setback, and with the front setback landscaped, providing a 10' setback for all paved off-street parking.
Access
Purpose: Safe and efficient access to the corner shopping center or commercial strip minimizes potential vehicular and pedestrian conflicts. The key issues include:
- location of median breaks along major thoroughfares; - number and location of entry drives; - design of entry drives; and - traffic visibility.
Guidelines:
• Driveways should typically be spaced with a minimum of 125 feet from the intersections of major thoroughfares unless a one-way traffic flow is used. All other driveway and median openings should adhere to a Driveway Access Manual, adopted by the cities Commission and City Council.
• The ingress side of the main entrance drive should be the largest radius allowed by ordinance for better access into the site, particularly at major centers, such as clustered near the 1st Street and Spencer Road district, or U.S. Highway 50 bypass and Washington Road.
• Driveways should maintain an appropriate sight distance triangle at all perimeter entrances.
• Main entrance drives should generally be located at median breaks providing left turn access to and from the site. Continuation left-turn lanes should be broken with medians at major intersections.
• Main entrance drives should connect to a "straightaway" aisle that does not dead end or require an immediate turn to approach the main building.
• Aisles intersecting with entrance drives should be spaced a minimum of 20 feet from the entrance line to provide for smooth turning movements.
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Circulation and Parking
Purpose: Proper circulation and parking systems minimize confusion and facilitate safe and easy pedestrian and vehicular movement within the corner shopping center. The key issues include:
- traffic aisle alignment; - traffic speed and safety; - parking location and layout; - service area parking and circulation; - customer pick-up areas; - drive-thru building circulation; and - pedestrian circulation and safety.
Guidelines:
• Provide a 10' setback from street-side property lines for all off-street parking drives and spaces.
• Main drive aisles should generally be free of parking when adjacent to large anchor tenants of 30,000 SF of floor area or more.
• The direction of traffic flow should be identified.
• Long circulation aisles (generally in excess of 500') should be off-set (typically 45 degrees or more) to prevent excessive speed.
• Lanes should be provided for drive-thru facilities, including stacking space, that are physically separated from other circulation and parking aisles.
• Parking aisles should be oriented toward anchor stores to minimize the number of parking lanes crossed by pedestrians.
• Typically provide right angle intersections (80 to 100 degrees) with no more than 2 traffic lanes crossing at any interior intersection.
• Parking should be arranged to provide readily accessible spaces for each establishment.
• The parking layout should maximize the amount of parking in front of the building and minimize the amount behind.
• Separate service vehicle circulation from customer circulation routes.
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• Allow for all tenants to be accessed from within the development through cross- access agreements.
• Customer pick-up areas should be provided at "anchor" stores.
• Pad sites shall be required to obtain mutual access and parking agreements within the remaining retail center. This shall be required in order to enhance safe on-site circulation and provide access to left-turn lanes.
Building Elements
Purpose: In order to create a positive overall development character, all structures (including separate pad site structures) at shopping centers should have an attractive and uniform architectural treatment. The key issues include:
- consistency of design between structures; - materials standards; and - rear facade treatment.
Guidelines:
• Facade design plan of entire project should be submitted with site plan review.
• Facades and roof lines facing streets or main parking areas should be consistent throughout the development in design, color and materials.
• Roof lines, overhangs, and the front fascia should be extended to the rear of the building(s).
• High quality, low maintenance building materials are recommended.
• Signage located on the buildings should be consistent in size, location and material throughout the project.
• Rear facades should be of finished quality and should be of color and materials that blend with the remainder of the building(s).
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Service Facilities
Purpose: Service areas should be appropriately located and designed to efficiently and inconspicuously serve the corner shopping center development without disrupting on-site circulation or adjacent land uses while maintaining visibility for security purposes. The key issues include:
- location of service areas; - visibility of service areas; and - treatment of pad site service areas - location of trash containers.
Guidelines:
• Service facilities should generally be located in a central area to be used by several retail establishments.
• Service and docking facilities should be separate from main circulation and parking functions.
• Trash containers should be located in appropriately screened central service areas, and not visible from Interstate 135, or U.S. Highway 50.
• All dumpsters should be screened on all sides exposed to street view. All dumpsters should be shown on the approved site plan and whenever possible shall be clustered.
• Service areas should be easily accessible by service vehicles.
• Pad site service areas should be screened from the remainder of the development and physically separated from the circulation aisles and parking areas serving the remainder of the site.
• Pad site service areas should typically be screened by an extension of the building.
• Service facilities should be screened from the remainder of the project, adjacent land uses and major thoroughfares. Extended wing walls from the building may be used to screen service areas. When used, these walls may be of solid construction if lighted on both sides, or a minimum of 30% of open construction if lighted on only one side. A combination of landscaping and screening walls may also be used.
Utilities/Mechanical/Outdoor Storage
Purpose: The location and treatment of utilities, mechanical functions and outdoor storage areas should be managed and coordinated to achieve physical and visual order within the shopping center development. The key issues include:
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- location of facilities; and - visual impact of utilities.
Guidelines:
• Typically, utilities should be underground from right-of-way to building to reduce visual clutter.
• Locate utility metering within a designated service area.
• Locate mechanical equipment in the designated service area and screen from the project and adjacent land uses.
• Limited outdoor storage will only be permitted in designated service areas that are screened from the remainder of the project, adjacent land uses and streets.
• Utility conduit and boxes should be painted to match building color.
• Roof mounted mechanical units shall be screened from view with a parapet wall, mansard roof, or other architectural extension, equal in height to the unit(s) except when that distance exceeds five feet. In this case, an additional setback will be required at a ratio of two feet horizontal for each additional foot of vertical height above five feet.
Buffers and Screens
Purposes: Proper use of buffers and screens will lessen the differences between land uses and diminish the visual impact of undesirable elements. The key issues include:
- unified character; - high quality construction; - longevity of system; - disparity between land uses; and - visibility of undesirable elements.
Guidelines:
• Architectural screens should be an extension of the development's architectural treatment and consistent in color and design. The development of an office business park where there is high interstate visibility, affords a chance to create an attractive "front door" appearance.
• Screening walls should be constructed of low maintenance, high quality materials which are consistent with the building facade material.
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• Screening walls should conform to the Cities of Newton and North Newton’s zoning and subdivision ordinances.
• Painted or coated screening walls should be avoided.
• Landscape screens (typically 18" to 36" in height) should be provided between all parking areas and streets.
• Landscape screens may include a combination of plant massing, earth berming and walls.
• A 10 foot to 15 foot wide landscape buffer should be provided to separate the retail use from residential land uses. A masonry wall or combination wall and landscaping may be substituted for this buffer.
Landscaping
Purpose: The location and design of landscaped areas, entrances and edges should effectively reinforce development's character and quality, identify its entry points and break the massiveness of a center's parking area. The key issues include:
- unified development image and character; - parkway treatment; - identifiable entrances; - visual dominance of parking area; and - existing mature trees.
Guidelines:
• Landscaped planting plan of the entire project should be submitted with site plan review.
• Approximately 15% of the area between the main building face and the front property lines should be of a permeable landscaped surface. (Secondary buildings located between the main building and the front property line should not be included in the area calculation.)
• Landscape areas should generally consist of a combination of trees, shrubs and ground cover.
• Use landscape areas for transition and integration between pad sites and surrounding land uses.
• Minimum 4" caliper trees are recommended.
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• Artificial plants are prohibited.
• Preserve existing mature trees where possible.
• Special landscape treatment should be employed to highlight and identify entrances.
• Landscape areas should be regularly spaced in parking lots to break up massiveness of pavement.
• Mechanical irrigation systems are typically required to ensure maintenance of plant materials.
• Landscaping should be used in conjunction with screening walls when multi-story buildings abut an adjacent property where topography lessens the effect of a wall alone. Where a building exceeds 15 feet in height, 4" caliper trees shall be required, spaced every 30 feet along the wall or spaced every 50 feet apart if an irrigation system is provided.
PARKS
One of the most visible measures of the quality of life in a community is the park system. Parks and recreational facilities provide opportunities for exercise and relaxation as well as a visual and psychic break from the routine of daily life. The City of Newton maintains the area’s public park lands. The Newton Recreation Commission administers local recreation programs and has an adopted strategic plan for the future. The cities should continue coordinating with the recreation commission to maximize use of park lands. Approximately 116 acres of park land are distributed in the following categories:
• Five Neighborhood Parks; • One Community Park (Washington Park); and • Two Regional Parks (Athletic Park and Centennial Park).
The first step in analyzing the adequacy of a park system is to review the type, size and location of existing park land. Different types of parks serve different functions in the community and each type has its own requirement for size, location and equipment. In general, there are three basic types of parks. These three types are regional parks, community parks, and neighborhood parks. The following is a description of the function of each:
Neighborhood Park: A neighborhood park provides both active and passive recreation for all participants. The intent is to serve an area or neighborhood with a population of 4,000 to 6,000 persons. Ideally, neighborhood parks should provide a wide range of recreational opportunities, including ball diamonds, hard-surfaced courts (i.e. tennis, basketball), volleyball, play areas and other such facilities. Not all of the park, however, be fully developed. A part may
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be left as a natural area where users are free to use their imaginations and creativity in pursuit of recreational activities. As neighborhood parks are intended to serve all participants, provisions should be made for older citizens as well as the physically or mentally disabled users.
A neighborhood park should serve a ½ mile radius and should be a minimum of six acres in size and ideally should be eight or more acres in size. In order to determine the appropriate size for a particular neighborhood park, one to two acres of park land area should be provided for each 1,000 population.
Community Park: A community park provides separated facilities for quiet and active play areas for use by all age groups. All-day usage, planned recreational programs of competitive sports, passive entertainment, large group gatherings, and individual usage are characteristics of community parks. Typical facilities included in community parks are lighted and unlighted ball diamonds lighted tennis courts, comfort stations, swimming pools, areas for lawn games, multi-purpose areas, wooded areas, shelter houses for picnicking with adjoining space for play apparatus for preschool children, and open areas of natural landscape away from city noises and traffic hazards. Other facilities often included are arboretums and flower gardens, bicycling and hiking trails, band shells and/or out-door theaters and zoos.
A community park should serve several neighborhoods within a three mile radius. A minimum of forty acres should be provided in a community park with a recommended size of eighty acres being more appropriate. In order to determine the appropriate size for a community park, five to eight acres of park land should be provided for each 1,000 population.
Linear Park: A linear park is a multiple use park developed to provide areas for biking, hiking, jogging, picnicking, children's play areas or garden areas. This type of park is often used to connect existing parks into a system of integrated parks and can function to effectively separate non-compatible land uses such as industry and housing. In addition, linear parks effectively utilize flood- prone areas for recreational and open space purposes. Major drainage ways within the community can be developed into green ways in a way that protects both the user and the adjoining property.
A linear park should be two and one half miles long per 14,000 population plus 1.75 miles for each additional 5,000 population. In order to link various neighborhood and community parks, a larger amount of linear park system may be necessary.
From a land use standpoint, the cities must plan for long-term park system needs beyond existing park land. Based on accepted park planning standards, the cities of Newton and North Newton
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combined offer adequate acreage for parks. However, the distribution of parks is inadequate, as certain areas of the cities are not served. The north and northwest sectors of Newton/North Newton have inadequate park lands, though the local high school and Bethel College offer certain open space and active recreation facilities--such as tennis courts--on restricted bases.
The Comprehensive Plan calls for new park land in the northern regions of the metropolitan area, south of the U.S. 50 bypass, and west of the cities on the east side of Meridian Road. The plan also calls for extensions of the Sand Creek bikeway.
EXTRATERRITORIAL ZONING AND SUBDIVISION CONTROL
The State of Kansas allows cities, upon adoption of the comprehensive plan, to apply the provisions of their zoning and subdivision regulations to land outside of, but within three miles of the nearest point of the cities limits provided such land is within the same county in which the cities is located. Extending these regulations to areas outside the cities limits is referred to as “extraterritorial land use regulation.” The method for extending city regulations depends upon whether or not the county has adopted zoning and subdivision regulations for the unincorporated area. Harvey County has adopted zoning and subdivision regulations for the unincorporated area around Newton and North Newton. Therefore, if the cities decide to establish extraterritorial zoning and/or subdivision regulations, it would have to be in cooperation with Harvey County.
An interlocal agreement between the Governing Body of the cities and the Harvey County Board of Commissioners would establish a “Newton/North Newton Regional Planning Commission.” The regional planning commission would take the place of the current Newton/North Newton Area Planning Commission. The new planning commission would also take the place of the Harvey County Planning Commission within the extraterritorial area of jurisdiction. The Newton/North Newton Regional Planning Commission would be comprised of both residents of the two cities, as well as persons who reside outside of the cities.
The new program would provide more options in regulating urban fringe development. The program will allow extension of city building codes to non-farm development adjacent to the cities, for example. Under the new program there would be one set of zoning rules to follow when seeking land use development approval in and around Newton/North Newton. There would be one administrative entity to deal with. Now, a developer considering a move to the Newton area has two regulations to consider: a set of rules for land in the cities and a different set of rules immediately outside the cities; and two different jurisdictions to talk to. The new planning commission would be comprised of city residents and residents from outside of the cities.
The jurisdiction of the newly appointed Newton/North Newton Regional Planning Commission would be matched to the comprehensive plan “Urban Service Area.” The plan establishes the rational basis for extraterritorial zoning and subdivision regulation by the cities, because it defines the area best suited to extension of municipal services. The final zoning decisions for land in the unincorporated areas would still rest with the Board of County Commissioners.
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Summary of Extraterritorial Zoning Issues
1. Existing Regulations. Existing land use regulation by the county in the rural areas and by the cities in the incorporated areas has yielded successes to date. A spirit of cooperation between the elected officials and between the various staff professionals has led to good results. For example, there are relatively few “sell offs” of farm land to non-farm users.
2, Existing Conditions. While there has been success and good cooperation, several concerns exist. Past development approvals west of the cities south of West First Street have created inappropriate growth. While Royer West occurred prior to modern planning and zoning policies, the Lazy Acres development was approved more recently.
There are significant examples of non-farm zoning district approvals throughout the growth area around Newton and North Newton, including:
• Light industrial and heavy industrial zoning districts southwest of the cities of Newton along U.S. 50 Highway. • Industrial and residential zoning districts south and west of the Turkey Red subdivision. • Industrial districts north of North Newton on old Highway 81. • Industrial and residential zoning districts east of K-15 Highway north of I-135.
Up to three square miles of land within the growth area of the two cities has been zoned for non-farm uses over the past decades. Further, certain rural uses allowed in county R-1 zoning districts may not be compatible with city R-1 districts. Finally, no building codes apply to rural residential, commercial and industrial development at this time.
3. Future conditions. The cities of Newton and North Newton and the governing body of Harvey County face ever growing demands for urban development, and opportunities for economic development. An outside interest relocating to the Newton area will generally seek development sites within the two cities or immediately adjacent to the cities within the “urban service area.” Given this fact, the three jurisdictions need to consider which scenario is more attractive to a developer:
Current Development Review Proposed Development Review
Zoning: Review by two separate planning Review by a single planning commissions, under two separate zoning commission in the urban service area ordinances. under a single regulation.
Subdivision regulation: Land platting under Platting under a single subdivision two separate subdivision regulations with regulation with coordination already policies requiring coordination with the pre-established. cities.
Administration: Two sets of staff, two A single staffing review and procedure. regulatory procedures.
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An outside interest will prefer dealing with a single source for land development review and approval. Unified regulation and administration is a benefit to developers. Other benefits may flow from city/county cooperation that is institutionalized rather than ad hoc. For example, the zoning and subdivision of a land parcel outside the cities which needs to be served with public utilities may be annexed more effortlessly by the cities of jurisdiction when city/county cooperation has been institutionalized. Related services of interest to new developments, such as police, fire and emergency medical services may be further coordinated for service in the growth area prior to development.
EXTRATERRITORIAL BUILDING CODE REGULATION
Kansas State Statutes also allow cities, in conjunction with extraterritorial zoning or subdivision regulations, to adopt and enforce building codes outside city limits. The building code authority becomes a key motivation for municipal extension of land use regulations into the rural urban fringe. Cities may require compliance with subdivision regulations as a condition of building or zoning permit approval.
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