ORDINANCE NO. 4579
Adopted: 9/16/03
Published: 9/23/03
Effective: 9/24/03
AN ORDINANCE AMENDING TITLE 4,
CHAPTER 1, ARTICLE O, SECTIONS 4-1-O-3, 4-1-O-4, AND 4-1-O-6, OF THE CODE OF
THE CITY OF LENEXA, KANSAS, MORE SPECIFICALLY DEALING WITH STREAM SETBACK
PROVISIONS, REPEALING THE EXISTING CODE SECTIONS 4-1-O-3, 4-1-O-4, AND 4-1-O-6.
WHEREAS, on
March 26, 2002, the City enacted a stream setback ordinance; and
WHEREAS, in
the 17 months since that ordinance became effective, the City has identified a
number of clarifications that should be made to said ordinance to aid the
administration thereof and clarify the original intent of the ordinance; and
WHEREAS,
such clarifications include adoption of new Exhibits A and B to said Article as
set forth herein.
NOW,
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
Section
1. Section
4-1-O-3 is hereby amended to read as follows:
4-1-O-3
APPLICABILITY.
A. This Stream Setback Ordinance shall apply to all land or new
development within the Stream Corridor, as defined by this Article and applied
to designated Stream Segments identified on the most current map adopted by the
City Council by resolution and as Exhibit A* (copy of Exhibit A is available at
City Hall) and incorporated herein by reference. No Development shall occur on a parcel of
land that is within or partially within the defined Stream Corridor, except in
accordance with this Article; provided, however, that this Article shall not
apply to land or to development, which:
1. is
on land covered by an approved, unexpired preliminary plat or preliminary plan,
where such approval was given prior to the effective date of this Article; or
2. if
platting is not required prior to issuance of a building permit, is covered by
a unexpired building permit issued prior to the effective date of this Article,
in accordance with Chapter 4 of Title 4 of the City Code.
*As revised on September 2, 2003.
B. No
Development Application shall be approved that proposes development on any
parcel of land wholly or partially within the defined Stream Corridor unless
the proposed development is in compliance with the applicable provisions of
this Article.
Section
2. Section 4-1-O-4 is hereby amended to read as follows
4-1-O-4
STREAM CORRIDOR.
Stream
Corridor widths have been determined by Stream Order, 1 through 3 and by Type,
1 through 5, as shown in Table 1 below.
Type 1 and 2 Stream Segments are categorized as Sensitive Stream
Segments, Type 3 Stream Segments are categorized as Restorable Streams and
Types 4 and 5 are categorized as Impacted Streams. The location of designated Stream Segments
shall be as delineated on Exhibit A**. At all designated Stream Segment locations,
the Stream Corridor shall consist of three zones, the Streamside Zone, Middle
Zone and Outer Zone. The width of each
zone within the Stream Corridor is defined below. See Exhibit B** (copy of Exhibit B available at City
Hall) for an illustration of the Stream Corridor, as defined.
Table 1: Minimum Total Stream Corridor Width*
|
Stream
Order |
Types
1-2 (Sensitive
Streams) |
Type
3 (Restorable
Streams) |
Types
4-5 (Impacted
Streams) |
|
1 |
150
feet |
125
feet |
100
feet |
|
2 |
250
feet |
200
feet |
150
feet |
|
3 + |
300
feet |
250
feet |
200
feet |
*Note: Width of the Middle Zone will be expanded, if
necessary, to include Floodplains and lands with slope greater than 15%.
**As revised on
September 2, 2003.
The general
guidelines used to determine the width of the three zones for each of the
categories of Stream Segments are as follows:
A. Streamside Zone = 25' from the Edge of the
Stream, and measured horizontally from the edge.
B. Middle Zone = Variable width zone determined
by Stream Segment type and Order, and measured horizontally from the outer
boundary of the Streamside Zone to the inner boundary of the Outer Zone; provided however, that the
minimum width of the Middle Zone on each side of the stream shall be at least
half of the minimum total width of the Middle Zone as set forth in Table 1. The Middle Zone includes a distance that
comprises all lands with slope greater than 15% and Floodplains; provided
that, these features occur, in part, within the Streamside or Middle Zone.
C. Outer Zone = 25' from the outer boundary of
the Middle Zone, measured horizontally from that boundary.
Note: Where manmade
ponds interrupt streams, the Stream Corridor as herein defined shall stop at
the pond and resume on the other side thereof.
Where ponds are removed or filled in as part of development, the stream
shall be restored through that area and the Stream Corridor buffer shall be
created using the typology for adjacent stream sections.
Section
3. Section
4-1-O-6 is hereby amended to read as follows:
4-1-O-6
REGULATED USES, STRUCTURES AND ACTIVITIES.
A. General
Applicability to Stream Corridor. No
development shall be undertaken on land in a Stream Corridor unless a
Development Application has been approved authorizing the applicant to perform
the development proposed therein; provided that, no Development Application
shall be approved unless the development proposed therein is, in all respects,
in conformity with the requirements of this Article.
B. Uses and activities permitted in the Streamside Zone.
1. Conservation uses, wildlife sanctuaries,
nature preserves, forest preserves, fishing areas, and passive areas of
parklands.
2. Unpaved recreational trails and greenways.
3. Education/scientific research.
4. Stream bank stabilization and other storm
water BMPs approved by the Public Works Director.
5. Activities associated with the Restoration
and Enhancement of Stream Corridors.
6. Excavation and fill required to plant any new
trees or vegetation.
7. Installation of water and wastewater
facilities, provided that, the owner of the facilities provides
information to the City that is sufficient to allow the Public Works Director
to determine that the installation of the facilities in Middle Zone is
unfeasible. Feasibility will be
determined through consideration of factors, such as geology, topography and
the presence of unique habitat in the Stream Corridor. When installation of such facilities does
occur in the Streamside Zone as herein provided, such installation and
construction activities must comply with the recommendations contained in the
section titled "Resource Protection and Mitigation Measures" for
utility construction contained with the Lenexa Streams Inventory, dated
December 10, 2001. Water and wastewater
facilities will be permitted to cross the Streamside Zone and Stream as necessary,
provided that, the number of crossings is minimized to the greatest extent
possible.
8. Public infrastructure.
C. Uses and Activities Permitted in the Middle Zone.
1. All uses and activities permitted in the
Streamside Zone.
2. Paved recreational trails.
3. Installation
of utilities, including water and wastewater facilities. Such installation shall comply with the
recommendations contained in the section titled “Resource Protection and
Mitigation Measures” for utility construction contained in the Lenexa Streams
Inventory, dated December 10, 2001.
D. Uses and Activities Permitted in the Outer Zone.
1. All uses and activities permitted in the
Middle Zone.
2. Passive uses, such as camps, campgrounds,
picnic areas and golf courses.
3. Minor recreational structures and surfaces
that are ancillary to passive recreational uses as set forth in subparagraph 2
above; provided that, the total impervious area created by such
structure(s) in residential areas shall not exceed two hundred (200) square
feet per single family residential lot.
Examples of such permitted structures include, but are not limited to,
decks, gazebos, picnic tables, playground equipment and small concrete slabs
built to accommodate such permitted structures.
4. Existing agricultural uses that incorporate
recognized conservation BMPs.
5. Fences;
provided however, that such fences must be constructed so as not to impede
floodwaters.
E. Single Family Residential – Rear Yard Allowance
The rear yard of a single-family
residential use may extend into the Middle Zone and the Outer Zone; provided,
however, that the rear of the actual residential structure may not be located
nearer than 20' from the outer edge of the Outer Zone and no ancillary
structure may be located in the Middle Zone (only those ancillary structures
otherwise permitted by this Title may be located in the Outer zone), and
further that any development satisfies the open space and setback requirements
of this Article.
F. Uses
Subject to Federal and/or State Approval.
The following in-stream
activities are regulated and require approval from United States Corp of
Engineers or Environmental Protection Agency, the Kansas Department of Heath
and Environment or other appropriate federal and state agencies:
1. dredging,
2. filling,
3. excavation,
4. draining, and
5. clearing;
provided that, the requisite state and/or federal
approvals are provided to the City.
Section 4: That this Ordinance
shall be construed as follows:
INTERPRETATION
A. Liberal Construction: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience.
B. Savings Clause: The repeal of Ordinance or Code sections, as
provided hereinbelow shall not affect any rights acquired, fines,
penalties, forfeitures, or liabilities therefor. Said Ordinance or Code repealed is hereby
continued in force and effect after the passage, approval, and publication of
the Ordinance for the purposes of such rights, fines, penalties, forfeitures,
liabilities, and actions therefor.
C. Invalidity: If for any reason any chapter, article,
section, subsection, sentence, portion or part of the proposed Ordinance set
out, or the application thereof to any person or circumstance is declared to be
unconstitutional or invalid, such decision shall not affect the validity of the
remaining portions of the Code or other ordinances.
Section 5: That the existing Code Sections
4-1-O-3, 4-1-O-4 and 4-1-O-6 are hereby repealed.
Section 6: That this Ordinance
shall become effective upon adoption and publication in the official City
newspaper.
APPROVED BY the
Governing Body this 16th day of September, 2003.
SIGNED
BY the Mayor this 16th day of September, 2003.
_________________________________
Michael
A. Boehm, Mayor
ATTEST:
Mary Sue Fry, City Clerk
APPROVED AS TO FORM:
Rebecca A. Yocham,