Ordinance No. 2359 An ordinance adopting the design standards, version November 30, 2010, of the City of Gardner, Kansas by incorporating by reference pursuant to K.S.A. 12-3009 et. Seq. and adding or amending, in their entirety sections 18.05.035, 18.15.110, 18.20.090, 18.25.110, 18.30.110, 18.35.110, 18.40.110, 18.45.110, 18.55.210, 18.60.110, 18.65.110, 18.70.110, 18.75.110, 18.80.110, 18.85.110, 18.95.110, and 18.100.110 of title 18 of the Gardner Municipal Code. WHEREAS, the City of Gardner, Kansas initiated the changes to Title and Sections 18.05.035, 18.15.110, 18.20.090, 18.25.110, 18.30.110, 18.35.110, 18.40.110, 18.45.110, 18.55.210, 18.60.110, 18.65.110, 18.70.110, 18.75.110, 18.80.110, 18.85.110, 18.95.110, and 18.100.110 requirements within the City of Gardner, Kansas; and WHEREAS, a public hearing on the City’s request was held before the Planning Commission of the City of Gardner, Kansas, on the 30th day of November, 2010; and WHEREAS, said Planning Commission has recommended said incorporations by reference into the Zoning Title 18 of the Gardner Municipal Code by reference pursuant to K.S.A. 12-3009 et. seq. of the City of Gardner, Kansas be approved. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS: Section One:  Add Title 18.05.035 Adoption by reference of Gardner Design Standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: A. There is incorporated by reference, for the purpose of adopting Gardner Design Standards within the City, the Gardner Design Standards, Final Draft, dated November 30, 2010, as prepared by the City of Gardner, Kansas.  Not less than one (1) copy of said Gardner Design Standards shall be marked Official Copy as Adopted by Ordinance No. _____, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours.  The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient. B. Where provisions of this adopted code are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Zoning Ordinance unless otherwise specified.  Where provisions of this adopted code are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in new projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them in, where appropriate, designing, reviewing, evaluating, recommending and approving plans for such projects. Section Two:  Add Title 18.15.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards.  Section Three:  Add Title18.20.090 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards.  Section Four:  Amend Title18.25.110 Architectural Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: 18.25.110 Architectural design standards. A. Purpose. The intent of these design criteria is to assist in the review and evaluation of building design during preliminary and final plan. The design of a development proposal should seek to integrate the following design characteristics into those plans submitted for site plan approval. B. Single-Family Residential Districts. In a single-family residential district, no dwelling shall be erected that does not meet the following minimum standards: 1. Permanent Foundations. The dwelling unit shall be erected on a permanent foundation. 2. Minimum Dimension. The smaller dimension of a rectangular dwelling unit shall be at least 24 feet. If a dwelling unit is not rectangular, then the minimum dimension of a rectangle superimposed over and enclosing the entire footprint of the dwelling unit shall be at least 24 feet. 3.    Roof Design. The pitch of the roof shall be at least three in 12 and the roof eaves shall extend at least 15 inches beyond the wall of the dwelling on the two longer sides. A roof with lesser pitch and without eaves may be approved by the Planning Commission if the proposed dwelling will have a parapet around the entire roof. 4. Exterior Surfaces. The non-glass exterior surfaces of the dwelling shall not be made of shiny metal and shall in general not reflect light to a greater extent than would a coat of semi-gloss enamel applied to wood. Exterior surfaces shall be kept in good repair including the replacement of damaged materials and repainting when peeling becomes excessive. 5. Porch and Garage. A single-family dwelling shall include a garage or carport, constructed with the same materials as the dwelling. In addition, a single-family dwelling shall include a covered entrance, alcove, or porch. The Planning Commission may grant exceptions to this standard where it finds that the proposed residential design is compatible with the neighborhood character and predominant architecture. C.  Design standards.  See Gardner Design Standards. Section Five:  Add Title18.30.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards.  Section Six:  Add Title18.35.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Seven:  Add Title18.40.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Eight:  Add Title18.45.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Nine:  Add Title18.55.210 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Ten:  Add Title18.60.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards.  Section Eleven:  Add Title18.65.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Twelve:  Add Title18.70.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Thirteen:  Add Title18.75.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Fourteen:  Add Title18.80.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Fifteen:  Add Title18.85.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Sixteen:  Add Title18.95.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Seventeen:  Add Title18.100.110 Design standards, of the Code of the City of Gardner, Kansas, 2008 to read as follows: See Gardner Design Standards. Section Eighteen:  All other ordinances not in conformity herewith are hereby repealed or amended to conform hereto.     Section Nineteen:  This ordinance shall take effect and be in force from and after its passage, approval, and publication as provided by law. PASSED by the City Council this 6th day of December, 2010. APPROVED by the Mayor this 6th day of December, 2010. CITY OF GARDNER, KANSAS (SEAL) David C. Drovetta, Mayor Attest: Doreen K. Pesek, City Clerk