CHAPTER 16B. SUBDIVISION REGULATIONSCHAPTER 16B. SUBDIVISION REGULATIONS\Article VI. Design Standards

All subdivision of land subject to these regulations shall conform to the minimum design standards of this article and the requirements of State law. Furthermore, all subdivisions outside the City shall conform to the zoning, stormwater, sanitary sewer, road, and other applicable standards of the County and the road construction standards of the applicable Township. All public improvements shall be designed and installed in accordance with design policies, criteria and specifications established by the City Engineer.

1.    Whenever a subdivision of land, including platting for manufactured home parks and other developments on one-lot plats, is located on flood prone land identified on a Flood Insurance Rate Map(s) (F.I.R.M.) prepared by the Federal Emergency Management Agency, the following requirements shall apply: (See Ordinance 1104 for Model Floodplain Management.)

a.    Show on the preliminary and final plats the boundary lines and elevations for both floodway, if any, and base flood (100-year flood level); and

b.    Assure that (a) all such subdivisions are consistent with the need to minimize flood damage, (b) all public utilities and facilities, such as sewer, water, gas and electrical systems are located, elevated and constructed to minimize or eliminate flood damage, and (c) adequate drainage is provided so as to reduce exposure to flood hazards.

2.    All plats should be designated in North American Vertical Datum 1988 (NAVD88) and City Datum to conform to the National Flood Insurance Program Studies.

3.    Where a subdivision is traversed by a watercourse such as a drainage way, channel or stream, there shall be provided a drainage reserve conforming substantially to the lines of the watercourse and such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses may be required. Watercourses will be concreted or vegetated with adapted perennial grasses or otherwise stabilized to prevent soil erosion and sediment movement by wind or water. Drainage reserves shall be the responsibility of the individual lot owner or subdivider homeowners association until such time as the applicable Governing Body exercising jurisdiction elects to assume the responsibility for maintenance and improvement of the drainage within said floodway or reserve provided further, that no building shall be constructed on or within said reserve nor shall any fill, change of grade, creation of channel or other work be carried on without the permission of the applicable Governing Body exercising jurisdiction and applicable state agencies. The plat shall clearly indicate ownership and maintenance responsibilities.

1.    All lots located in any subdivision shall be served directly by a public street, except that private streets may be permitted as a part of a plat approved by the governing body. Private streets may be permitted to serve an unplatted tract, parcel or platted lot if there is an irrevocable covenant of record to provide for the perpetual ownership, continuance and maintenance of the private street. The covenant must be approved by the governing body whose engineer approves streets.

2.    Compliance with access control methods consistent with published KDOT standards shall be required for any subdivision or plat located adjacent to South Broadway (US-81).

3.    All lots located in any subdivision must contain at least 30 feet of frontage for driveways directly connected to an opened public street and not across the land of others. Flag lots are not permitted, unless warranted by an unusual shape of the land or the ownership of property.

4.    All street, alley, and driveway access connections made to arterial streets must be limited and approved by the City Engineer.

Proposed subdivision land should provide open spaces suitably located and of reasonable size for parks, playgrounds, play lots and other recreational areas as well as reservation of land for school sites, fire station sites, other public facilities and future streets (such as freeways or expressways).

1.    Land for Public Facility Sites. Public agencies using the Comprehensive Plan as a guide may use the following procedure for acquiring sites for public facilities which does not preclude voluntary dedication and mutual negotiations for land or the use of the condemnation laws of the State:

a.    The subdivider offers to sell to the appropriate public body, agency or authority, lands, sites and locations for parks, recreational areas, schools, fire stations or other public facilities. As soon as the preliminary plat has been received and reviewed, the Planning Commission shall give 45 days’ notice to the public body, agency or authority that it appears that lands should be considered for public acquisition. If within that 45 days the body receiving notice fails to act or submits a negative report on acquisition, then the subdivision and design thereof shall be treated as if no such request for land had been made.

b.    If the body receiving notice replies in writing that they desire to acquire land within the subdivision, they shall have an additional 45 days after making such reply to make arrangements for such land acquisition.

c.    The time allocated for making the above determination may be extended with the mutual consent of the subdivider and the agency involved.

2.    Land for Open Space. The following conditions may be required as part of the approval of any subdivision plat:

a.    That said subdivider shall dedicate to the appropriate public body, agency, or authority, an area of land not to exceed 10 percent of the tract being subdivided, for parks, playgrounds, open space, or other public facilities.

b.    The subdivider may make payment to the city in lieu of dedicating 10 percent of the subdivided land, providing this payment is equal in value to the estimated acreage value of 10 percent of the total subdivision. Determination of the land value for making in lieu of payments will require an appraisal to be presented to the Planning Commission for their concurrence. The fund that accumulates from payments in lieu of dedication shall be expended by the Governing Body for the acquisition of public land in accordance with the City’s Master Plan related to open space or public facilities. The method of payments in lieu of dedication of land shall be established prior to final approval of the plat. The need for public open space is related to population density, an area of higher density requires a greater percentage of land for uses such as parks and other public facilities. Therefore, the decision reached by the Planning Commission regarding whether to accept an in lieu of payment should be based in large part on the number of lots (proposed dwelling units) being proposed in the subdivision. Adequate provisions should be made to allow for public open space displaced throughout residential areas of the city.

c.    The subdivider may choose to include private parks, playgrounds, and/or open space as a part of the residential subdivision. These regulations do not include any minimum requirements regarding acreage or level of improvement for such facilities. However, in order to help meet the recreation needs of the future residents, subdividers are encouraged to provide such private facilities in their developments, or alternatively, to enter into partnership agreements with the applicable governing body, with the costs of providing land and making improvements to public parks, playgrounds and/or open space within the subdivision being shared equitably between the subdivider and the governing body.

On land subject to excessive soil movement by the forces of wind and/or water and that may cause environmental health hazards, necessary preventive measures shall be a part of the subdivision plat. Conservation standards adopted by the County Conservation District shall be adhered to.

1.    The arrangement, character or type, extent, and location of all streets shall conform to the Master Plan and shall be considered in their relation to existing and planned streets, topographical conditions, to public convenience and safety, and their appropriate relation to the proposed uses of the land to be served by such streets.

Where such is not shown on the Master Plan, the arrangement of streets in a subdivision shall meet the following criteria or standards:

a.    Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or,

b.    Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable.

2.    Local streets shall be laid out so that their use by through traffic will be discouraged.

3.    If a subdivision abuts or contains an existing or proposed limited access highway or arterial street, the Planning Commission may require marginal access streets, reverse frontage lots with access control provisions along the rear property line, deep lots with rear service alleys such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic shall be provided.

4.    If a subdivision borders on, or contains a railroad right-of-way or a limited access highway, the Planning Commission may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

5.    Reserve strips controlling access to streets shall be prohibited except where their control is placed with the applicable Governing Body under conditions approved by the Planning Commission.

6.    Street jogs on arterial and collector streets must conform to the requirements of the Kansas Department of Transportation (KDOT) Access Management Policy. On local streets with a right-of-way of 64 feet or less, centerline offsets of less than 150 feet shall be avoided.

7.    When a proposed subdivision is adjacent to unplatted property, the platting of stub streets, to provide future access to the adjacent unplatted tract, shall be provided. If the adjacent unplatted tract is planned for development of a use not compatible with the property being subdivided, the requirement for stub street dedications may be waived. If the length of the stub street is greater than 150 feet, a temporary turnaround shall be platted or established by separate instrument. If platted, the plattor’s text shall indicate that the turnaround will be automatically vacated upon extension of the street.

8.    Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than 80 degrees.

9.    Street right-of-way requirements for other than arterials shall be determined by the total aggregate needs for the functional components for the particular system being considered. The total aggregates shall be in increments of even feet, even numbers only. The components involved shall be as follows depending upon the urban or rural type of characteristics of the street needed based on land use, traffic and density:

a.    Moving or traffic lanes may be variable from 9 to 12 feet depending on function, e.g., low density residential, cul-de-sac residential, collector, industrial, etc., and on design speed of the roadway. A moving lane may utilize a portion of the surface of certain types of curb construction.

b.    Parking lanes for on-street storage of vehicles shall be at least 8 feet in width. For computation purposes, up to two feet for curb or shoulder may be included as part of the parking lane.

c.    Curbs shall be considered to require 2.5 feet irrespective of construction type.

d.    Shoulders for rural type roadways shall be not less than 3 feet in width.

e.    Parking strips for streets shall be at least 14 ½ feet in width from the back of curb to the right-of-way line. This area shall be used for the installation of utilities, street signs, street lights, traffic control devices, fire hydrants, sidewalks, driveways, street furniture, street trees from an approved City list and to provide a transition area in grades, if necessary, between the roadway and the property adjacent to the right-of-way. Ditches and border strips for rural type roads shall be variable in width based on drainage, utility installations and other needs.

f.     Based on the above general criteria, street right-of-way and roadways shall be calculated from the following guidelines:

URBAN AREA

 

Street Right-of-Way

 

Roadway Width*

Section Line Roads, US Highways, and Arterials

 

 

 

 

 

 

 

Major Local Arterial

 

 

 

 

 

 

 

 

Minor Local Arterial

 

120 feet, except that 150 feet of the right-of-way shall be required within 350 feet from the intersection of a section line or centerline with any other street.

 

120 feet except that 150 feet of the right-of-way shall be required within 350 feet from the intersection of the centerline of an arterial street with any other street.

 

100 feet except that 150 feet of the right-of-way shall be required within 350 feet from the intersection of the centerline of an arterial street with any other street.

 

 

48 feet and up

Or per County Engineer for areas located outside the City Limits.

 

 

 

 

 

48 feet and up

 

 

 

 

 

 

 

 

48 feet and up

 

 

 

 

 

Collector

 

80 feet

 

35 feet

 

 

 

 

 

Local, Residential: Single, two, three and four-family dwellings on continuous street more than 3 blocks in length.

 

64 feet

 

35 feet

 

 

 

 

 

Local, Residential: Street to be no more than 3 blocks in length with a maximum of 24 single-family lots (12 each side) per block and a covenant providing for 4 off-street parking spaces per dwelling unit on each lot

 

58 feet

 

29 feet

 

 

 

 

 

Local Residential: Street to be no more than 1 block in length with a maximum of 24 single-family lots (12 each side). Cul-de-sacs no longer than 300 feet to the center of the turnaround radius. A covenant providing for 4 off-street parking spaces per dwelling unit on each lot shall be submitted

 

50 feet

 

21 feet

 

 

 

 

 

Local, for business commercial and industrial areas

 

64 feet

 

35 feet

 

 

 

 

 

Alley (if required)

 

25 feet

 

25 feet

 

 

 

 

 

Sidewalks

 

N/A

 

6 feet

 

 

RURAL AREA

 

 

Street Right-of-Way

 

 

Roadway Width*

 

 

 

 

 

Collector, or industrial

or Commercial – two

moving lanes (17.5) plus

shoulder, ditches and

border area                  

 

80 feet

 

47 feet including shoulder

 

 

 

 

 

Residential – two moving

lanes (12.5) plus shoulder, ditches and border area

 

70 feet

 

35 feet including shoulder

* Face to Face Curb

NOTE: These widths may be modified by the Planning Commission on a showing that special conditions exist such as drainage and utility requirements, safe and efficient traffic and pedestrian movement, intersection design, etc. In applying these standards, workable street systems must be established. When a pattern of widths based on function for a given area has been established, the pattern shall be followed until another system can be established or ties into a collector or arterial system. Access control and acceleration and deceleration lanes may be required to properly handle traffic flow and to protect the carrying capacity of the street.

10.  For streets and roadways on the Functional Classification System of the County, prevailing design standards shall apply.

11.  Dead-end streets, designed to be so permanently, shall not be longer than seven times the average lot width or 500 feet, whichever is less, and shall have a turnaround at the closed end that has an outside roadway diameter of at least 80 feet and a street property line diameter of at least 110 feet. In the unincorporated areas of jurisdiction the turnaround at the closed end of a street shall have an outside roadway diameter of at least 75 feet and a street property line diameter of at least 150 feet (as per standards set forth by the County Engineer.)

12.  Roadway grades, wherever feasible, shall not exceed the following with due allowance for reasonable vertical curves:

Roadway Type                      Percent Grade

Arterial                                  3%

Collector                               4%

Local                                     5%

Marginal Access                    5%

No roadway grade shall be less than 0.4 percent unless approved by the appropriate engineer. Greater percentages of grade may be required where necessary to provide adequate drainage.

13.  Half-streets shall be avoided, except for arterial streets and collector streets where applicable, or where they are essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; or, when the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided. Whenever a half-street, or portion thereof, exists and is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. No construction of the roadway shall occur until the full right-of-way is provided.

1.    Alleys shall be provided in commercial and industrial districts, except that the Planning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking spaces consistent and adequate for the uses proposed. Alleys in residential districts are to be discouraged.

2.    When provided, the width of an alley should be 25 feet.

3.    Alley intersections and sharp changes in alignment shall be avoided, but where necessary, a turning radius shall be provided to permit safe vehicular movement.

4.    Dead-end alleys shall be avoided where possible, but if unavoidable, such alleys shall be provided with adequate turnaround facilities at the dead-end.

1.    The lengths, widths and shapes of blocks shall be determined with due regard to:

a.    Provision of adequate building sites suitable for the special needs of the type of use contemplated.

b.    Zoning requirements as to lot sizes and dimensions, off-street parking and loading, etc.

c.    Need for convenient access, circulation, control and safety of street traffic.

d.    Limitations and opportunities of topography.

2.    A block should not exceed 1,200 feet in length, unless such block is adjacent to a limited access highway or arterial street or unless the previous adjacent layout or topographical conditions justify a variation of this requirement.

3.    All blocks should be so designed so as to provide two tiers of lots, unless a different arrangement is required by other physical limitation such as railroads, streams, etc.

4.    Blocks may be irregular in shape, provided they are harmonious with the overall pattern of blocks in the proposed subdivision, and provided their design meets the requirements of lot standards, traffic flow and control considerations, and development plan requirements.

5.    In blocks of 800 feet or more in length, a pedestrian access easement for pedestrian travel may be required to provide access to public or private facilities such as schools or parks. The pedestrian access easement shall have a right-of-way not less than 10 feet, and extend entirely across such block at approximately the mid-point of the length of such block. A sidewalk shall be placed along the length of such right-of-way and constructed in accordance with the requirements for sidewalk improvements.

Section 9.   Lots.         

1.    The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

2.    The maximum depth of all residential lots shall not exceed two and one-half times the width thereof. For all other lots, the depth shall not exceed three times the width.

3.    The minimum widths of residential lots measured as that required by zoning regulations.

4.    Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, the minimum lot widths set forth in Subparagraph (3) above, shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their lot frontages, as measured on the arc of such right-of-way line, is not less than 50 percent of the required lot width measured at the building setback line.

5.    The area of the street right-of-way shall not be included and calculated in the area of the lot with respect to minimum lot area requirements of these regulations or of any zoning ordinance applicable to the property. Lots shall be required to have more than the minimum area dimensions provided for in this section where such greater area or dimensions are required to meet the yard requirements of the zoning ordinance.

6.    There shall be no double frontage lots for individual dwellings (e.g., single and two family units); except where the lots abut upon a limited access highway or arterial street or where the topography of the land prevents reasonable subdivision in small units. Double frontage lots shall not have vehicular access between such lots and an abutting limited access highway or arterial street.

7.    The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

8.    Corner lots for residential use shall have extra width to permit appropriate building setback from the side street.

9.    For lots adjacent to or near local platted floodways, or in areas of inadequate drainage, the platting of a minimum building opening elevation shall be required. For lots in the mapped floodplain, the platting of the lowest floor shall be required. The minimum building opening elevation shall be expressed in NAVD88. The elevation requirement shall be indicated on the face of the plat as well as referenced in the plattor’s text.

10.  Lots located at an arterial street intersection or at an intersection with an acute angle, which in the opinion of the Planning Commission is likely to be dangerous to traffic movement, shall have a radius of 50 feet at the intersection of street rights-of-way.

11.  For lots adjacent to railroad tracks, “complete access control” shall be dedicated across the lot’s street frontage for a minimum distance of 150 feet from the centerline of the nearest railroad track.

12.  Access issues including driveway distance from intersections, spacing standards for driveways along section line roads, median length at intersections, traffic impact studies, and cross lot access shall be in accordance with the requirements of the Sedgwick County Access Management Policy and approved by the Planning Commission.

13.  For lots located adjacent to an arterial street, access control shall be dedicated across the lot’s frontage to the arterial street. The number of permitted access points shall be determined by the Planning Commission based upon the recommendations of the engineer having jurisdiction and Zoning Administrator. Staff recommendations on the number of permitted access points and distance between access points, shall be a function of the amount of lot frontage, the arterial street operating speed and the traffic carrying capacity of street improvements. For commercial or industrial subdivisions along arterial streets, subdividers are encouraged to establish shared access points to the arterial street and provide access easements between lots to reduce the number and frequency of driveways onto the major street. Based upon the recommendations of the engineer having jurisdiction and Zoning Administrator, the Planning Commission may require the platting of access controls that establish:

a.    Joint access points along common property lines; or

b.    A cross-lot access agreement provided by the subject plat to the benefit of the adjoining property, whereby the adjoining property would subsequently, upon platting, be required to dedicate complete access control. In both above instances, a Cross-Lot Circulation Agreement would be required to ensure internal access among the lots.

Easements shall be provided for utilities and drainage, where necessary, and centered on rear or side lot lines and shall be at least 20 feet wide along rear lot lines and 10 feet wide along side lot lines, except that easements for street lighting purposes shall not in any event be required to exceed 10 feet. If a subdivision is traversed by a water course, drainage way, channel or stream, then storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such water course and shall be of such width or construction or both, as may be necessary to provide adequate storm water drainage and for access for maintenance thereof. Parallel streets or parkways may be required in connection herewith. Pedestrian access easements may be required on plats when an access easement is needed to provide a connecting link to public or private parks or school site.

1.    Streets. Notwithstanding the other provisions of this regulation, the minimum width of streets adjacent to areas designed, proposed or zoned for business-commercial or industrial use may be increased by the Planning Commission to such extent as they may deem necessary to assure the free flow of through traffic without interference from parked or parking motor vehicles.

2.    Blocks. Blocks intended for business, commercial or industrial use shall be designed specifically for such purpose, with adequate space set aside for off-street parking and loading.

3.    Frontage Road. When lots or blocks in a proposed business, commercial or industrial subdivision front on any limited access highway or arterial street the subdivider may be required to dedicate and improve a marginal access street to provide ingress and egress to and from such lots or blocks.

4.    Sidewalks. When lots in a proposed business, commercial or industrial subdivision front on any highway or arterial street, the subdivider shall be required to dedicate and improve sidewalks in accordance with the City’s design standards. Sidewalks shall run parallel to such highway or street. The responsibility of maintenance for sidewalks shall be provided either in the plattor’s text or by separate instrument.

A comprehensive group development including, the townhouses, garden apartment complexes and condominiums together with necessary drives and ways of access may be approved by the Planning Commission although the design of the project does not include standard streets, lot and subdivision arrangements; provided that departure from the standards of the regulations can be made without destroying their intent.

Condominium plats shall conform to the following:

1.    The plat must be in three-dimensions relating vertical control to NAVD88.

2.    A bench mark must be set on or near the building site at ground level for future reference in locating units in the plat.

3.    Each floor plan of the permanent structure must be shown, as well as basement and roof levels and area of plot plan. The dimensions and ties shown for each parcel must be definite enough with respect to both vertical and horizontal control so that the boundaries of each apartment may be accurately located by the use of standard survey methods.

4.    All unit or apartment property lines shall be the interior surfaces of the perimeter walls, ceiling, windows and doors thereof.

5.    A condominium plat must contain all of the certifications and approvals required for any plat. There must also be an approval by the official authorized to issue building, zoning or occupancy permits indicating that the building plan has been approved by his office and certification by the architect that the plat is in agreement with the building plan. If not within the city, a copy shall be submitted to the County Engineer and the Township Trustee of the Township in which located.

1.    Drainage concepts and drainage plans, as required by Article 5 of these regulations, shall be submitted to the engineer having jurisdiction. Plans for the mitigation of stormwater pollution may also be required by the engineer.

2.    If the drainage plan for a multiple-family, commercial or industrial subdivision calls for the passage of stormwater runoff from one proposed lot onto another proposed lot, the subdivider shall submit a cross-lot drainage agreement for recording with the plat. The cross-lot drainage agreement shall clearly state which lots within the proposed subdivision are to accept storm waters from other lots within the subdivision.

3.    If the drainage plan for a subdivision calls for the passage of storm water runoff from the proposed subdivision onto property that is outside the perimeter of the plat, the platting engineer and/or surveyor shall work with the engineer having jurisdiction. Based upon a determination by the engineer having jurisdiction, the subdivider may be required to provide for on-site detention of storm waters and/or acquire an off-site drainage easement or agreement. Any off-site drainage easement or agreement shall clearly state that the proposed subdivision may continue to drain onto the property that is beyond the subdivision’s perimeter.

4.    If the drainage plan for a subdivision calls for the proposed subdivision to accept drainage from property that is outside the perimeter of the proposed subdivision, the subdivider shall provide either specific drainage easements to handle the passage of stormwater onto the plat or, by separate instrument, establish a drainage agreement or covenant with the owner of adjacent properties. The drainage agreement or covenant shall clearly state that the proposed subdivision will continue to accept drainage from the affected adjacent properties. The choice between whether a specific drainage easement or a drainage agreement/covenant is needed shall be at the discretion of the engineer having jurisdiction.

5.    When a subdivider proposes the dedication of right-of-way for drainage purposes, the subdivider shall also guarantee the construction of an improved channel or swale within the dedication, if necessary. The design of the channel or swale shall be approved by the engineer having jurisdiction.

6.    A detailed drainage plan shall be submitted for urban-scale, multi-lot subdivisions and shall specify existing contour lines, finish grade elevations at all corners and, if the lot is crowned to drain two or more directions, the direction of stormwater flow by arrows. For lots in the federal flood management areas, the required building pad elevations will be the lowest floor level, and for lots in the local flood area, it will be the elevation of the lowest opening. The detailed drainage plan shall be marked “approved by the applicable Engineer.”

The submitting of the detailed drainage plan does not have to occur prior to the review of the final plat by the Planning Commission. The detailed plan shall, however, be on file in both the appropriate engineer’s office and the office of the appropriate building permit issuing official prior to the release of the plat for recording. Modifications may be made to the plan by the appropriate engineer after the plat has been approved.