[Ord. No. 1007 §§16-203A.010,
16-232.01, 1-24-2001; Ord. No. 1013 §2, 6-27-2001; Ord. No. 1091 §§1 — 3(App.
A §440.010), 9-24-2003; Ord. No. 1124 §6, 8-25-2004]
A.
Application
for a zoning text amendment may only be filed by the City Council
or Planning Commission.
B.
An application
for rezoning to a conventional or planned zoning district may be filed
by either the Governing Body, the Planning Commission or the landowner
(or contract purchaser) or the landowner's (or contract purchaser's)
agent.
C.
An application
for an appeal to the Board of Zoning Appeals may be filed by any person
aggrieved or by any officer of the City or any governmental agency
or body affected by any decision of an official administering the
provisions of this Title.
D.
All other
applications provided for in this Chapter may only be filed by the
landowner or the landowner's agent.
E.
Fees
for all applications provided for in this Chapter shall be established
by the Governing Body by resolution.
F.
All applications
shall be made on forms prescribed by the City and available at City
Hall.
[Ord. No. 1007 §16-203A.020, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.020), 9-24-2003]
A.
Where
an application has been filed by or on behalf of a landowner, an affidavit
of ownership shall be submitted to the City.
B.
Where
an application has been filed by an agent of a landowner or agent
of the contract purchaser of the property, an affidavit of the landowner
or contract purchaser establishing the agent's authorization to act
on behalf of the application shall be submitted.
C.
The affidavits
required by this Section shall be on forms prescribed by the City
or in such form as is acceptable to the Public Works Director and
shall be submitted prior to any public hearing or final decision on
the application.
[Ord. No. 1007 §16-203A.030, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.030), 9-24-2003]
A pre-application conference with a member of the City staff
may, in the discretion of the Public Works Director, be required prior
to submission of any application for a rezoning, special use permit,
preliminary development plan or preliminary plat. The purpose of this
conference is to acquaint the applicant with the procedural requirements
of this Title; provide for an exchange of information regarding the
proposed development plan and applicable elements of this Title, the
Master Plan and other development requirements; advise the applicant
of any public sources of information that may aid the application;
identify policies and regulations that create opportunities or pose
significant restraints for the proposed development; review any proposed
concept plans and consider opportunities to increase development benefits
and mitigate undesirable project consequences; and permit staff input
into the general design of the project.
[Ord. No. 1007 §16-232.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.040), 9-24-2003]
A.
The Public
Works Director or Planning Commission may require applicants for rezoning,
special use permits, preliminary development plans or preliminary
plats to submit such technical studies as may be necessary to enable
the Planning Commission or Governing Body to evaluate the application.
Examples of such technical studies that may be required shall include,
but not be limited to, traffic studies, engineering studies, geologic
or hydrogeologic studies, flood studies, environmental impact assessments,
noise studies, market studies or economic impact reports. The persons
or firms preparing the studies shall be subject to the approval of
the Public Works Director and/or Planning Commission. The cost of
all such studies shall be borne by the applicant. Any decision of
the Public Works Director or Planning Commission to require any such
study or to disapprove of the person or firm selected by the applicant
to perform the study may be appealed to the Planning Commission. The
decision of the Planning Commission on any such appeal shall be final.
B.
Notwithstanding
the fact that the Public Works Director or Planning Commission did
not require submission of any such technical study in support of the
application, either the Planning Commission or the Governing Body
may require the submission of such study prior to taking action on
the application. In such case, the person or firm selected to perform
the study shall be subject to the approval of the entity requesting
that study be performed. Any decision of the Planning Commission or
the Governing Body to require that a study be performed or to disapprove
the person or firm selected by the applicant to perform the study
shall be final.
[Ord. No. 1007 §16-203A.060, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.050), 9-24-2003; Ord. No. 1124 §7, 8-25-2004; Ord. No. 1260 §15, 5-21-2008]
The Public Works Department or the Planning Commission may provide
for submission deadlines for materials required in support of any
application provided for in this Title. Compliance with such deadlines
shall generally be required in order to have the application placed
on an agenda to be heard by the Planning Commission or City Council.
Non-agenda items may be brought before the Planning Commission or
City Council for hearing, provided that the Planning Commission or
City Council in its sole discretion may refuse to hear non-agenda
items.
[Ord. No. 1007 §16-232.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.060), 9-24-2003; Ord. No. 1124 §8, 8-25-2004]
Unless otherwise specifically provided for in this Chapter,
all publication notices for public hearings required by this Chapter
shall be published in one (1) issue of the official City newspaper
and at least twenty (20) days prior to the date of the hearing. The
publication notice shall fix the time and place for the public hearing.
Where the hearing is for consideration of changes in the text of this
Title or a general revision of the boundaries of zoning districts,
the notice shall contain a statement regarding the proposed changes
in the ordinance or in the boundaries of the zone or district. If
the hearing is on an application which concerns specific property,
the property shall be designated by a legal description and/or general
street location, and the notice shall contain a general statement
regarding the purpose of the application.
[Ord. No. 1007 §16-232.04, 1-24-2001; Ord. No. 1013 §3, 6-27-2001; Ord. No. 1091 §§1 — 3(App. A §440.070), 9-24-2003; Ord. No. 1124 §9, 8-25-2004]
A.
Unless
otherwise specifically provided in this Chapter, whenever notice to
surrounding property owners is required for consideration of an application,
such notice shall be given as follows:
1.
Applicant
shall provide a certified list of all property owners of record within
two hundred (200) feet of subject property to the Planning Commission
Secretary. Upon receipt of such certified list, the Planning Commission
Secretary shall mail notice of hearing, at least twenty (20) days
prior to the hearing, to all owners of record. Such shall be sent
by certified mail, return receipt requested and shall be in letter
form stating the time and place of the hearing, a general description
of the proposal, the general street location of the property subject
to the proposed change, a statement that a complete legal description
of the property is available for public inspection at City Hall and
a statement explaining that the public may be heard at the public
hearing. Newspaper clippings of the publication notices shall not
be used for the mailed notice. Mailed notices shall be addressed to
the owners of record of the property. When such notice has been properly
addressed and deposited in the mail, failure of any party to receive
mailed notice shall not invalidate any action taken on the application.
Prior to the public hearing, the return receipt from the certificate
of mailing shall be filed with the Secretary of the Planning Commission
or the Board of Zoning Appeals, as the case may be, and an affidavit
stating the names and addresses of the persons to whom notice was
sent. Failure to submit the affidavit prior to the hearing may result
in a continuance of the hearing.
2.
In cases
of applications for which protest petitions may be submitted, the
notice shall also contain a statement explaining that property owners
required to be notified by this Section shall have the opportunity
to submit a protest petition, in conformance with this ordinance,
to be filed with the office of the City Clerk within fourteen (14)
days after the conclusion of the public hearing. Newspaper clippings
of the publication notices shall not be used for the mailed notice.
Mailed notices shall be addressed to the owners of the property and
not to mere occupants thereof. When the notice has been properly addressed
and deposited in the mail, failure to receive mailed notice shall
not invalidate any action taken on the application. Mailed notice
may be waived provided that a verified statement specifically indicating
such waiver is signed by all property owners within the notification
area and filed with the Secretary of the Planning Commission or the
Board of Zoning Appeals, as the case may be, at least two (2) business
days prior to the hearing.
[Ord. No. 1007 §16-232.06, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.080), 9-24-2003]
The applicant, for rezoning or special use permit, shall file
plans and other information and documents with the Secretary of the
Planning Commission as required by the bylaws of the Commission and
in the quantities required by the Secretary.
[Ord. No. 1007 §16-203A.090, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.090), 9-24-2003; Ord. No. 1260 §16, 5-21-2008]
In the case of rezonings and special use permits, the applicant
shall place a sign on the property informing the general public that
a public hearing will be held at a specific time and place concerning
proposed changes in use. The sign shall be furnished by the City to
the applicant and the applicant shall maintain the sign for at least
the fifteen (15) days immediately preceding the date of the public
hearing. The sign shall be firmly affixed and attached to a wood or
metal backing or frame and placed within five (5) feet of the street
right-of-way line in a central position on the lot, tract or parcel
of land so that the sign is free of any visual obstructions surrounding
the sign. If a rezoning application includes multiple tracts or parcels,
posting of a sign on every parcel is not necessary, although sufficient
signs to identify the rezoning area will be required. If a lot, tract
or parcel of land is larger than five (5) acres, a sign as required
herein shall be placed so as to face each of the streets abutting
thereto. The applicant shall file an affidavit with the Secretary
of the Planning Commission at the time of the public hearing verifying
that the sign has been maintained and posted as required by this Title
and applicable resolutions, failure to submit the affidavit prior
to the hearing may result in a continuance of the hearing. The sign
may be removed at the conclusion of the public hearing and must be
removed at the end of all proceedings on the application or upon withdrawal
of the application.
[Ord. No. 1007 §16-203A.100, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.100), 9-24-2003]
A.
Where
the consideration of an application requires a public hearing, the
following provisions shall apply:
1.
The
purpose of a public hearing is to allow the applicant and all other
interested parties a reasonable and fair opportunity to be heard,
to present evidence relevant to the application and to rebut evidence
presented by others.
2.
An accurate
written summary of the proceedings shall be made for all public hearings.
3.
The
City Council, Planning Commission and Board of Zoning Appeals may
adopt rules of procedure for public hearings by resolution or bylaws.
4.
If an
item which is subject to a public hearing is continued or otherwise
carried over to a subsequent date and the public hearing has been
opened, then the public hearing shall not be deemed concluded until
the date on which the hearing is formally closed. No additional notices
shall be required once the public hearing is opened.
[Ord. No. 1007 §16-203A.110, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.110), 9-24-2003; Ord. No. 1124 §10, 8-25-2004]
A.
Any applicant
or authorized agent shall have the right to one (1) continuance of
a public hearing before the Planning Commission or Board of Zoning
Appeals, provided that a written request therefor is filed with the
Secretary of the Planning Commission or Board of Zoning Appeals at
least two (2) business days prior to the date of the scheduled hearing.
The applicant shall make every attempt to notify all persons previously
notified of the continuance either by mail or telephone. The applicant
shall file an affidavit that such notice has been filed and the manner
and time thereof.
B.
The Planning
Commission, Board of Zoning Appeals or the City Council may grant
a continuance of an application at any time for good cause shown.
The record shall indicate the reason such continuance was made and
any stipulations or conditions placed upon the continuance.
C.
A majority
vote of those members of the official body present at the meeting
shall be required to grant a continuance.
[Ord. No. 1007 §16-232.07, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.120), 9-24-2003]
A.
B.
Action By Planning Commission. For zoning text amendments,
changes in district boundaries, rezoning specific property or issuance
of a special use permit, a majority of the Planning Commission members
present and voting at the hearing is required to recommend approval
or denial. If the Planning Commission fails to make a recommendation,
the Planning Commission shall be deemed to have made a recommendation
of disapproval.
C.
Action By Governing Body Upon Planning Commission's Recommendations. After the Planning Commission submits a recommendation of approval
or disapproval and the reasons therefore, the Governing Body may:
1.
Approve
and adopt such recommendation by ordinance;
2.
Override
the Planning Commission recommendations by two-thirds (2/3) majority
vote of the Governing Body; or
3.
Return
such recommendations to the Planning Commission with a statement specifying
the basis for the Governing Body's failure to approve or disapprove.
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The Governing Body shall not take action on application for rezoning particular property or a special use permit until fourteen (14) days have elapsed after the date of the conclusion of the Planning Commission public hearing held pursuant to publication notice in order to allow the filing of a protest petition as provided in Section 440.140(C).
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D.
Applications Returned To Planning Commission. Upon receipt
of an application returned by the Governing Body, the Planning Commission,
after considering the same, may resubmit its original recommendation
giving the reasons therefore or submit a new or amended recommendation.
If the Planning Commission fails to deliver its recommendation to
the Governing Body following the Planning Commission's next regular
meeting after receipt of the Governing Body's statement specifying
disapproval, the Governing Body may consider such course of inaction
on the part of the Planning Commission as a resubmission of the original
recommendation and proceed accordingly.
E.
Reconsideration By Governing Body. Upon receipt of the Planning
Commission's recommendation after reconsideration, the Governing Body,
by a simple majority thereof, may adopt or may revise or amend and
adopt such recommendation by ordinance or it need take no further
action thereon.
[Ord. No. 1007 §16-203A.130, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.130), 9-24-2003]
[Ord. No. 1007 §16-203A.150, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.140), 9-24-2003]
B.
Procedures. Except as hereinafter provided, the procedures for Planning Commission and City Council consideration of rezoning or special use permit applications shall conform to the procedures set forth in Section 440.120 for zoning text amendments. The City Council shall not take action on an original recommendation of the Planning Commission unless the time for filing the protest petition as provided in Subsection (C) of this Section has elapsed.
C.
Protest Petitions.
1.
A protest against any rezoning or a special use permit application shall be filed in the office of the City Clerk not later than the end of the business day (5:00 P.M.) on the fourteenth (14th) day following the date of the conclusion of the Planning Commission's public hearing held pursuant to the publication notice. In order to be considered a "valid" protest, a protest petition must be timely filed and duly signed and verified by the owners of record of twenty percent (20%) or more of the property subject to the application or by the owners of record of twenty percent (20%) of the total area, excepting public streets and ways, required to be notified by Section 440.070. Verification of the genuineness and correctness of the signatures on the protest petition, either individually or collectively, shall be made by the person who has circulated protest petition.
2.
The
fourteen (14) day period for filing the protest petition shall begin
with the day following the conclusion of the public hearing before
the Planning Commission and shall end at 5:00 P.M. on the fourteenth
(14th) calendar day thereafter. For purposes of calculating the fourteen
(14) day period, weekends and holidays shall be counted. Provided
however, if the filing deadline falls on a weekend, holiday or other
non-business day for City offices, then the filing deadline shall
be at 5:00 P.M. on the next regular business day.
3.
Once
a valid protest petition has been filed with the City, it may not
be withdrawn unless every person who has signed the protest signs
a verified affidavit which states and fully explains the rights being
waived by the withdrawal of the protest petition. Such affidavits
of withdrawal must be filed with the City Clerk on or before the last
regular business day preceding the City Council meeting for which
the protest applies.
D.
Adoption Where Protest Filed. Where a valid protest petition
has been filed, an ordinance approving the rezoning or special use
permit application shall not be passed except by the affirmative vote
of three-fourths (¾) of the membership of the City Council.
E.
Criteria For Considering Applications. In considering any
application for rezoning or a special use permit, the Planning Commission
and the City Council shall give consideration to the criteria stated
below to the extent they are pertinent to the particular application.
In addition, the Planning Commission and City Council may consider
other factors which may be relevant to a particular application.
1.
The
character of the neighborhood.
2.
The
zoning and uses of nearby properties and the extent to which the proposed
use would be in harmony with such zoning and uses.
3.
The
suitability of the property for the uses to which it has been restricted
under the applicable zoning district regulations.
4.
The
extent to which approval of the application would detrimentally affect
nearby properties.
5.
The
length of time the property has remained vacant as zoned.
6.
The
relative benefit to the public health, safety and welfare by retaining
applicable restrictions on the property as compared to the destruction
of the value of the property or hardship to the owner association
with denying its request.
7.
The
Master Plan or Comprehensive Plan.
8.
The
extent to which the proposed use would adversely affect the capacity
or safety of that portion of the road network influenced by the use
or present parking problems in the vicinity of the property.
9.
The
recommendation of the professional staff.
10.
The
extent to which utilities and services, including, but not limited
to, sewers, water service, Police and fire protection and parks and
recreation facilities, are available and adequate to serve the proposed
use.
11.
The
extent to which the proposed use would create excessive stormwater
runoff, air pollution, water pollution, noise pollution or other environmental
harm.
12.
The
extent to which there is a need for the use in the community.
13.
The
economic impact of the proposed use on the community.
14.
The
ability of the applicant to satisfy any requirements applicable to
the specific use imposed pursuant to the zoning district regulations.
[Ord. No. 1007 §16-203A.170, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.150), 9-24-2003]
A.
All site
plans shall contain the following information:
1.
North
arrow and scale.
2.
Location
of existing rights-of-way, easements and infrastructure (streets,
sewers, water lines, etc.).
3.
Size
and location of existing and proposed structures and drives on the
subject property and existing structures and drives on surrounding
properties.
4.
Location
of flood plain.
5.
Location
of proposed drives and parking areas.
6.
Platted
setback lines.
7.
Elevations
of proposed buildings.
8.
Final
grades to be shown by solid lines, existing grades by dashed lines.
9.
Stormwater
pollution prevention plan. Site map must include:
a.
Sequence
of major activities.
b.
Location
of surface waters.
c.
Location
and steepness of slopes after grading.
d.
Drainage
patterns after grading and location of stormwater discharge points
(provided velocity control).
e.
Erosion
control, including stabilization measurers, for disturbed areas and
structural controls to divert runoff and remove sediment.
f.
Disposal
of construction waste material.
10.
Landscaping.
11.
Name
and address of landowner.
12.
Name
and address of architect, landscape architect, planner, engineer,
surveyor or other person involved in the preparation of the plan.
13.
Date
of preparation of the plan.
[Ord. No. 1007 §16-203A.180, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.160), 9-24-2003; Ord. No. 1124 §11, 8-25-2004; Ord. No. 1304 §19, 10-21-2009]
A.
The site
planning process generally shall consist of two (2) distinct stages
including both preliminary development plan and final development
plan approvals. Applications fully satisfying all preliminary development
plan and final development plan requirements and procedures of these
regulations may be submitted for simultaneous processing and consideration.
The preliminary development plan may show development options or parameters
which shall be further defined at the time of final development plan
approval. The final development plan shall serve as the detailed site
plan for the development of the site. No building permit may be issued
without a site plan review as required by this Chapter.
B.
After the effective date of this Title (October 21, 2009), no property which has a zoning district classification which requires approval may be developed, redeveloped, altered, replaced or repaired without a site plan first having been submitted to and approved by the Planning Commission, City Council or the Community Development Director or his designee. New development or redevelopment, regardless of whether a zoning change is necessary, shall require both preliminary and final development plan approval. Existing structures or developments being altered, replaced or repaired and that contain "significant changes" as set forth in Section 440.175(A)(5) shall require preliminary and final development plan approval. Existing structures or developments being altered, replaced or repaired that do not contain "significant changes" may be approved administratively by the Community Development Director or his designee regardless of whether a site plan is on file.
C.
Disapproval
of a site plan by the Community Development Director or his designee
may be appealed to the Planning Commission. Disapproval of a site
plan by the Planning Commission may be appealed to the City Council
which may override the Planning Commission's decision by a two-thirds
(2\3) majority vote. An appeal to the Planning Commission's decision
may be filed by either the property owner or the Community Development
Department by filing a notice of appeal with the City Clerk within
ten (10) days following the Planning Commission's decision. The decision
of the City Council shall be final.
D.
The site
plan shall be approved if it is determined that the following criteria
are satisfied:
1.
The
site is capable of accommodating the building(s), parking areas and
drives with appropriate open space.
2.
The
plan provides for safe and easy ingress, egress and internal traffic
circulation.
3.
The
plan is consistent with good land planning and site engineering design
principles.
4.
An appropriate
degree of harmony will prevail between the architectural quality of
the proposed building(s) and the surrounding neighborhood.
5.
The
plan represents an overall development pattern that is consistent
with the Comprehensive Plan and other adopted planning policies.
[Ord. No. 1007 §16-203A.190, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.170), 9-24-2003; Ord. No. 1124 §12, 8-25-2004; Ord. No. 1304 §20, 10-21-2009]
A.
Copies
of the preliminary development plan shall be submitted in support
of the application in number and format as required by the Community
Development Department. The preliminary development plan shall contain
the following information:
1.
North
arrow and scale.
2.
With
regard to the subject property only:
a.
Existing
topography with contours at five (5) foot intervals and delineating
any land areas within the 100-year flood plain. Elevation of lowest
opening relative to water surface elevation of 100-year flood.
b.
Proposed
location of buildings and other structures, parking areas, drives,
walks, screening, drainage patterns, public streets and any existing
easements.
c.
Sufficient
dimensions to indicate relationship between buildings, properly lines,
parking areas and other elements of the plan.
d.
General
extent and character of proposed landscaping.
3.
With
regard to areas within two hundred (200) feet of the subject property:
a.
Any
public streets which are of record.
b.
Any
drives which exist or which are proposed to the degree that they appear
on plans on file with the City, except those serving single-family
houses.
c.
Any
buildings which exist or are proposed to the degree that their location
and size are shown on plans on file with the City. Single- and two-family
residential buildings may be shown in approximate location and general
size and shape.
d.
The
location and size of any drainage structures, such as culverts, paved
or earthen ditches or stormwater sewers and inlets.
4.
Preliminary
sketches depicting the general style, size and exterior construction
materials of the buildings proposed. Where several building types
are proposed on the plan, such as apartments and commercial buildings,
a separate sketch shall be prepared for each type. Such sketches shall
include elevation drawings, but detailed drawings and perspectives
are not required.
5.
Name
and address of landowner.
6.
Name
and address of architect, landscape architect, planner, engineer,
surveyor or other person involved in the preparation of the plan.
7.
Date
of preparation of the plan.
B.
All developments
shall conform to the requirements of the City of Mission's Storm Water
Management Criteria incorporated by reference herein.
C.
Any development
in floodway or floodway fringe must have appropriate State and/or
Federal permits and must include hydraulic calculations showing impact
of 100-year floodwater surface elevation. Off-site runoff generated
by the 100-year storm with one (1) hour duration shall not exceed
existing conditions. Downstream impact shall be taken into account
and hydrologic/hydraulic study is required.
[Ord. No. 1304 §131, 10-21-2009]
A.
Plans Required.
1.
When property is rezoned, the preliminary development plan shall be considered and approved as part of the rezoning application. Consideration of a preliminary development plan without a zoning change requires a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners as required by Section 440.060 and 440.070 respectively.
2.
Action by Planning Commission. A majority of the Planning
Commission members present and voting at the hearing is required to
recommend approval or disapproval. If the Planning Commission fails
to make a recommendation, the Planning Commission shall be deemed
to have made a recommendation of disapproval.
3.
Action by City Council upon Planning Commission's recommendations. After the Planning Commission submits a recommendation of approval
or disapproval and the reasons therefore, the City Council may:
a.
Approve
and adopt such recommendation;
b.
Override
the Planning Commission recommendations by two-thirds (2/3) majority
vote of the City Council; or
c.
Return
such recommendations to the Planning Commission with a statement specifying
the basis for the City Council's failure to approve or disapprove.
4.
Once preliminary development plan approval has been granted, changes in the preliminary development plan may be made only after approval of a revised preliminary development plan. Changes in the revised preliminary development plan which are not significant may be approved by the Planning Commission and disapproval of such changes by the Community Development Director or his designee. Significant changes in the revised preliminary development plan may only be approved after rehearing by the Planning Commission and City Council, such rehearing shall be subject to the notice and protest provisions set forth in Section 440.140.
5.
For
purposes of this Chapter, "significant changes" shall
mean any of the following:
a.
Increases
in the density or intensity of residential uses of more than five
percent (5%).
b.
Increases
in the total floor area of all non-residential buildings covered by
the plan of more than ten percent (10%).
c.
Increases
of lot coverage of more than five percent (5%).
d.
Increases
in the height of any building of more than ten percent (10%).
e.
Changes
of architectural style which will make the project less compatible
with surrounding uses.
f.
Changes
in ownership patterns or stages of construction that will lead to
a different development concept.
g.
Changes
in ownership patterns or stages of construction that will impose substantially
greater loads on streets and other public facilities.
h.
Decreases
of any peripheral setback of more than five percent (5%).
i.
Decreases
of areas devoted to open space of more than five percent (5%) or the
substantial relocation of such areas.
j.
Changes
of traffic circulation patterns that will affect traffic outside of
the project boundaries.
k.
Modification
or removal of conditions or stipulations to the preliminary development
plan approval which are considered significant in the opinion of the
Community Development Director or his designee.
6.
The
determination of whether a plan contains "significant changes" shall
be made by the Community Development Director or his designee.
B.
Plans For Non-Residential Uses In Residential District.
2.
Following
the close of the public hearing, the Planning Commission shall determine
the appropriateness of the proposed preliminary development plan according
to the following criteria:
a.
The
capability of the site to accommodate the building, parking and drives
with appropriate open space and safe and easy ingress and egress.
b.
An
appropriate degree of harmony shall prevail between the architectural
quality of the proposed building and the surrounding neighborhood.
c.
The
appropriateness of the minimum dimensions and areas of lots and yards
contained in the applicable zoning district regulations may be considered
and increased. The Planning Commission may approve the application,
disapprove the application or approve the application subject to modifications
being made. Unless the Planning Commission's action is appealed by
the applicant, the Planning Commission's decision shall be final.
3.
In the
event of disapproval of a preliminary development plan by the Planning
Commission, the applicant may appeal the decision to the City Council
by filing a notice of appeal with the City Clerk within ten (10) days
of the Planning Commission's decision. On appeal, the City Council
may approve the proposed plan, disapprove the proposed plan or approve
the proposed plan subject to modifications being made.
[Ord. No. 1007 §16-203A.210, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.180), 9-24-2003; Ord. No. 1124 §13, 8-25-2004; Ord. No. 1188 §15, 12-14-2005; Ord. No. 1304 §21, 10-21-2009]
A.
Copies
of the final development plan shall be submitted in support of the
application in number and format as required by the Community Development
Department. The final development plan shall contain the following
information:
1.
A small
key map indicating the location of the property within the City.
2.
A site
plan, including the following:
a.
Finished
grades or contours for the entire site at two (2) foot contour intervals.
b.
All
existing and proposed adjacent public street right-of-way with centerline
location.
c.
All
existing and proposed adjacent public street and drive locations,
widths, curb cuts and radii.
e.
Location,
size and radii of all existing and proposed median breaks and turning
lanes.
f.
Distance
between all buildings, between buildings and property lines and between
all parking areas and property lines.
g.
Location
of all required building and parking setbacks.
h.
Location,
dimensions, number of stories and area in square feet of all proposed
buildings.
i.
Area
of land on site plan in square feet or acres.
j.
Units,
location, size and material to be used in all proposed retaining walls.
k.
Location
and dimensions of all driveways, parking lots, parking stalls, aisles,
loading and service areas and docks.
l.
Location,
height, candlepower and type of outside lighting fixtures for buildings
and parking lots.
m.
Location,
size, type of material and message of all proposed monument or detached
signs.
n.
Pertinent
peripheral information to include adjacent developments, alignment
and location of public and private driveways and streets, medians,
public and semi-public easements.
o.
Preliminary
drainage design and location and existing drainage facilities.
3.
Building
elevations, including the following:
a.
Elevations
of all sides of proposed buildings, including notation indicating
building materials to be used on exteriors and roofs.
b.
Size,
location, color and materials of all signs to be attached to building
exteriors.
c.
Location,
size and materials to be used in all screening of rooftop mechanical
equipment.
d.
Building
sections.
e.
Color
and material samples.
4.
Floor
plans indicating dimensions and areas of all floors within proposed
buildings.
B.
All site
plans are to be drawn to a standard engineer's scale. In addition,
a graphic scale shall be included in all submitted documentation.
[Ord. No. 1007 §16-203A.220, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.190), 9-24-2003; Ord. No. 1304 §22, 10-21-2009]
A.
Plans Required.
1.
Final
development plans which contain no modifications or additions from
the approved preliminary development plan shall be approved by the
Planning Commission if the Commission determines that the landscaping
and screening plan is adequate and that all other submission requirements
have been satisfied.
2.
A final
development plan which contains modifications from the approved preliminary
development plan, but is in substantial compliance with the preliminary
plan, may be approved by the Planning Commission without a public
hearing, provided that the Commission determines that the landscaping
and screening plan is adequate and that all other submission requirements
have been satisfied. For purposes of this Section, lack of "substantial compliance" shall have the same meaning as "significant changes" as set forth in Section 440.175(A)(5).
3.
In the
event of a determination that the proposed final development plan
is not in substantial compliance with the approved preliminary development
plan, the applicant must submit a combined revised preliminary and
final development plan.
4.
In the
event of disapproval of a final development plan by the Planning Commission,
the applicant may appeal such determination to the City Council by
filing a notice of appeal with the City Clerk within thirty (30) days
following the Planning Commission's decision. Upon appeal, the City
Council may reverse the decision of the Planning Commission if it
determines that the proposed final plan conforms to the approved preliminary
plan and that all other submission requirements have been satisfied.
5.
Final development plans may be combined with the preliminary development plan provided that all information required by both processes is submitted with the plan. Where a combined preliminary and final development plan is submitted, it shall be considered in accordance with the provisions of Sections 440.170 and 440.180.
B.
Revisions
to approved final development plans which do not include "significant
changes" may be approved administratively by the Community Development
Director or his designee. Existing structures or development being
altered, replaced or repaired that do not contain "significant changes"
may be approved administratively by the Community Development Director
or his designee regardless of whether an approved site plan is on
file.
[Ord. No. 1007 §16-203A.230, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.200), 9-24-2003]
A.
Following
the approval of a rezoning to a planned district, a statement shall
be recorded with the Register of Deeds acknowledging that a preliminary
development plan has been approved for the property. The statement
shall be recorded in accordance with the forms and procedures established
by the City and shall contain the following information:
1.
A legal
description of the property.
2.
A specification
of the nature of the plan by identifying the zoning districts which
apply to the property and the rezoning case number established by
the rezoning ordinance.
3.
A statement
that the restrictions on development established by the preliminary
development plan and the rezoning ordinance shall be binding upon
all successors and assigns unless amended in conformance with the
procedures set forth in this Title.
B.
Following
the approval of a final development plan, a statement acknowledging
that a final development plan has been approved for the property shall
be filed with the Register of Deeds. The statement shall be recorded
in accordance with the forms and procedures established by the City
and shall contain the following information:
1.
A legal
description of the property.
2.
A statement
that the restrictions on development and the responsibility for continuing
maintenance and compliance with the final development plan shall be
binding upon all successors and assigns unless the plan is amended
in conformance with the procedures set forth in this Title.
[Ord. No. 1007 §16-203A.250, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.210), 9-24-2003]
A.
Seven
(7) copies of the preliminary plat shall be submitted in support of
the application. The plat shall contain the following information:
1.
North
arrow and scale.
2.
Legal
description.
3.
The
proposed name of the subdivision and the names of adjacent subdivisions.
4.
The
boundary lines of the tract with appropriate dimensions.
5.
The
general pattern and sizes of proposed lots and tracts.
6.
The
general location, width and alignment of existing and proposed streets,
alleys and sidewalks.
7.
All
platted or existing streets and property lines or land adjacent for
a distance of not less than four hundred (400) feet.
8.
Topography
of the area contained in the plat shown by two (2) foot or five (5)
foot contour intervals.
9.
Approximate
gradients of proposed streets within the plat.
10.
Description
of any existing streets or roads which abut, touch upon or extend
through the subdivision. The description shall include types and widths
of existing surfaces, right-of-way widths and dimensions of any bridges
or culverts.
11.
Location
of the 100-year flood plain.
12.
The
proposed use of land, whether for single-family, multi-family, commercial,
industrial, parks, schools, etc.
13.
Indication
of the ground floor area classification for residential subdivisions.
14.
Name
and address of landowner.
15.
Name
and address of architect, landscape architect, planner, engineer,
surveyor or other person involved in the preparation of the plat.
16.
Date
of preparation of the plat.
17.
A
written statement relating how liquid wastes are to be handled.
18.
Signature
block for appropriate City Officials.
19.
Drainage
calculations, computed areas and preliminary drainage plan consistent
with the Master Plan.
[Ord. No. 1007 §16-203A.260, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.220), 9-24-2003; Ord. No. 1124 §14, 8-25-2004]
A.
Consideration of preliminary plats shall be at a public hearing, following notice to surrounding property owners as provided in Section 440.070.
B.
The Planning
Commission shall approve the preliminary plat if it finds that the
following criteria are satisfied:
1.
The
proposed preliminary plat conforms to the requirements of this Title,
the applicable zoning district regulations and any other applicable
provisions of this Code, subject only to acceptable rule exceptions.
2.
The
subdivision or platting represents an overall development pattern
that is consistent with the Master Plan and the Official Street Map.
3.
The
plat contains a sound, well-conceived parcel and land subdivision
layout which is consistent with good land planning and site engineering
design principles.
4.
The
spacing and design of proposed curb cuts and intersection locations
is consistent with good traffic engineering design and public safety
considerations.
5.
All
submission requirements have been satisfied.
C.
The decision
of the Planning Commission to approve or deny the proposed preliminary
plat shall be final. Approval of a preliminary plat shall require
the affirmative vote of a majority of the membership of the Planning
Commission.
[Ord. No. 1007 §16-203A.261, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.230), 9-24-2003]
Approval of the preliminary plat does not constitute acceptance
of the subdivision but authorizes preparation of the final plat. No
grading or improvements shall take place in the subdivision prior
to approval and endorsement of the final plat and the submittal to
and approval of construction plans by the City Engineer.
[Ord. No. 1007 §16-203A.262, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.240), 9-24-2003]
After the preliminary plat has been approved by the Planning
Commission, a final plat for record shall be prepared and submitted
to the Planning Commission and, upon approval, to the Governing Body
for final approval. The final plat must contain all or a portion of
the area contained in the preliminary plat. The final plat must conform
to the street patterns, lot size and pattern and other conditions
of the preliminary plat as approved.
[Ord. No. 1007 §16-203A.263, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.250), 9-24-2003; Ord. No. 1124 §15, 8-25-2004]
A.
Two (2)
prints, one (1) of which shall be original ink on vellum or 24# bond
paper no larger than thirty-six (36) inches by thirty (30) inches
of the final plat shall be submitted to the Planning Commission at
least twenty-eight (28) days prior to the date of the meeting at which
approval is asked. The plat shall be drawn to a scale of one (1) inch
to one hundred (100) feet or one (1) inch to two hundred (200) feet
or one (1) inch to fifty (50) feet. The applicant shall also provide
one (1) reduction of the proposed plat, no larger than eleven (11)
by seventeen (17) inches. Plat shall be on a single page only. The
plat shall contain the following information:
1.
The
name of the subdivision and adjacent subdivision, the names of streets
which shall conform to the existing pattern with all east-west streets
to be numbered and a system of lot and block numbers shown in an orderly
sequence, including portions of adjoining plat, lot numbers and block
numbers in light dashed lines.
2.
The
numerical order of plats (1st Plat, 2nd Plat, etc.) or lot identification
(Lots 1-10, Lots 26-421 etc.) shall be placed below the name of the
plat. If replat or resurvey, so show.
3.
A boundary
survey of third (3rd) order surveying accuracy (maximum closure error
one (1) in five thousand (5,000)) which bearings and distances referenced
to section or fractional section corners or other base line shown
on the plat and readily reproducible on the ground. Such dimensions
and bearings are to coincide with adjoining plats unless justification
is shown for not so doing.
4.
The
legal description shall match the drawing and a statement "shall be
known as (name of plat)" indicated.
5.
Calculation
sheets containing the following data: The length and radii of all
curved streets and lot lines and the bearings and length of all straight
street and lot lines and the area in square feet of each lot. Show
that interior dimensions have been reconciled with exterior dimensions.
6.
The
dimensions in feet and decimals of feet of setback lines along front
and side streets and the locations and dimension of all necessary
easements shall be shown on the plat.
7.
Show
a north arrow (up or to the left), the scale of the drawing as well
as a graphic scale and the date of drawing.
8.
A vicinity
map is required showing section, township and range at a scale of
two (2) inches equals one (1) mile.
9.
A statement
dedicating all easements, streets, alleys, access control and all
other public areas not previously dedicated shall be made and undersigned
by the owners; certification that all prior existing easement rights
to any person, utility or corporation have been absolved on the parcels
to be dedicated to public use. The person, utility or corporation
shall retain whatever rights they would have as if located in a public
street.
10.
The
plat shall show the signature of owners, City Officials, notary, certification
by a licensed engineer or registered land surveyor and dated. If owned
by a corporation, the name, corporation and title of the officer signing.
Names shall be typed below all signature lines.
12.
The
consent and agreement clause should stipulate in or on the instrument
that special assessments on dedicated land become and remain a lien
on the remainder of the land fronting on or abutting such dedicated
roads and streets.
13.
Submit,
for the appraiser, the square footage of all areas other than building
lots and dedicated streets. Please designate usage for areas.
14.
Documentation
assuring permanent responsibility for the maintenance of the fence/screening
tracts or easements.
[Ord. No. 1007 §16-203A.280, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.260), 9-24-2003]
A.
Prior
to consideration of any final plat, City staff shall determine whether
dedication of right-of-way will be required.
B.
Final
plats shall be approved by the Planning Commission if it determines
that:
1.
The
final plat substantially conforms to the approved preliminary plat
and rule exceptions granted thereto.
2.
The
plat conforms to all applicable requirements of this Code, subject
only to approved rule exceptions.
3.
All
submission requirements have been satisfied.
4.
Approval
of a final plat shall require the affirmative vote of a majority of
the membership of the Planning Commission.
C.
Following
approval of the final plat by the Planning Commission, the final plat
shall be submitted to the City Council for review of land proposed
to be dedicated for public purposes. The City Council shall approve
or disapprove the dedication of land for public purposes within thirty
(30) days after the first (1st) meeting of the City Council following
the date of the submission of the plat to the City Clerk. The City
Council may defer action for an additional thirty (30) days for the
purpose of allowing for modifications to comply with the requirements
established by the City Council. No additional filing fees shall be
assessed during that period. If the City Council defers or disapproves
any such dedication, it shall advise the Planning Commission of the
reasons therefor. No plat shall be filed with the Register of Deeds
unless such plat bears the endorsement that the land dedicated to
public purposes has been approved by the City Council.
D.
Final
plats shall be recorded with the Register of Deeds within eighteen
(18) months following City Council approval of land dedicated to public
purposes. Final plats which are not recorded within said time period
shall be deemed null and void.
[Ord. No. 1007 §16-203A.310, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.270), 9-24-2003]
Where an application for the vacation of any street, alley,
utility easement or other public reservation by ordinance is not made
by the owners of lands adjoining on both sides of the street, alley
or public reservation to be vacated, the application shall be accompanied
by affidavits of all such owners not joining in the application indicating
their consent to the vacation. Copies of the application shall be
filed in both the office of the City Clerk and the office of the Public
Works Director. The application shall be accompanied by a legal description
and survey or such other drawing acceptable to the Public Works Director
depicting the street, alley or public reservation sought to be vacated
and the properties and property ownerships surrounding said street,
alley or public reservation.
[Ord. No. 1007 §16-203A.320, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.280), 9-24-2003]
A.
Applications to vacate a street, alley, utility easement or other public reservation by ordinance may only be considered at a public hearing following notice to surrounding property owners as provided in Section 440.070 and publication notice as hereinafter provided. Notice shall be published for two (2) consecutive weeks in an official City newspaper. The notice shall state that an application for vacation has been filed in the office of the City Clerk, describing the property fully and that a hearing thereon before the City Council will be held on a date certain after the completion of such publication notice, naming the day on which the hearing will be held and that at such time and place all persons interested can appear and be heard concerning the application.
B.
The City Council or the Public Works Director may determine that it would be advisable to obtain the recommendation of Planning Commission concerning a vacation application prior to the public hearing before the City Council. In that event, the Planning Commission shall hold its own public hearing on the application following publication notice and notice to surrounding property owners in accordance with the provisions of Sections 440.060 and 440.070, respectively. At the conclusion of any such hearing, the Planning Commission shall submit its recommendation on the application to the City Council.
C.
At the
time designated in the publication notice for its hearing, the City
Council shall proceed to hear the application or may adjourn the hearing
from time to time to some day and hour certain as deemed necessary
and which adjournment shall be noted upon the record of the proceedings
thereof. At the hearing, the City Council shall hear such testimony
as may be presented or required in order to fully understand the true
nature of the application and the propriety of granting the same.
D.
The City
Council shall approve the application if it determines from the evidence
that:
E.
An application
shall not be granted if, at the time of or before the hearing, a written
objection thereto is filed with the City Council by any owner or adjoining
owner who would be a proper party to the application, but has not
joined therein.
[Ord. No. 1007 §16-203A.330, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.290), 9-24-2003]
An application for appeal from a decision of the Public Works
Director or any other officer administering the provisions of this
Title, which shall constitute a notice of appeal, shall be filed with
the Public Works Director within thirty (30) days of the date of the
decision which is being appealed. A copy of the notice of appeal,
specifying the grounds thereof and the payment of the fee required
therefor, shall be served on the person whose decision is being appealed.
The officer whose decision is being appealed shall thereafter transmit
to the Secretary of the Board of Zoning Appeals all the papers constituting
the record upon which the action appealed from was taken.
[Ord. No. 1007 §16-203A.340, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.300), 9-24-2003]
A.
Appeals
from the decision of any official administering the provisions of
this Title shall be filed with the Secretary of the Board of Zoning
Appeals within thirty (30) days from the date of the decision by the
officer whose decision is being appealed. A copy of the notice of
appeal shall also be served upon the officer whose decision is being
appealed. Thereafter, the officer whose decision is being appealed
shall prepare and transmit to the Secretary of the Board of Zoning
Appeals a complete record of all proceedings relating to the appeal.
[Ord. No. 1007 §16-203A.350, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.310), 9-24-2003]
Variances shall only be considered after a public hearing has been held, following publication notice and notice to surrounding property owners as provided by Sections 440.060 and 440.070, respectively. A copy of the publication notice shall also be mailed to the applicant and to the Planning Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the Secretary of the Board of Zoning Appeals prior to the hearing.
[Ord. No. 1007 §16-203A.360, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.320), 9-24-2003]
Any person required to dedicate street right-of-way or other
land for public purposes as a condition to approval of any permit
or application may appeal such requirement to the City Council within
fifteen (15) days of the imposition of such condition. On appeal,
the burden will be on the appellant to establish the lack of an essential
nexus between the dedication requirement and any public purpose sought
to be achieved through such requirement or lack of rough proportionality
between the dedication requirement and the traffic demands or safety
concerns created by the development.
[Ord. No. 1007 §16-203A.370, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.330), 9-24-2003]
In approving any application, the approving authority may stipulate
that the approval is subject to compliance with certain specified
conditions including, but not limited to, limitations on permitted
uses, time of performance requirements, limitation on hours of operation,
participation in transportation systems management programs, participation
in improvement districts or other programs for financing public facilities,
dedication of rights-of-way, etc.
[Ord. No. 1007 §16-203A.380, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.340), 9-24-2003]
In the case of approval of a zoning text amendment, rezoning,
special use permit or other application where adoption of an ordinance
is required, the decision approving the application shall not be deemed
to be final until the ordinance has been published in an official
City newspaper.
[Ord. No. 1007 §16-203A.390, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §440.350), 9-24-2003]
Except where this Title provides for an appeal to another quasi-judicial
or administrative body, any person, official or agency aggrieved by
a final decision on an application provided for in this Title desiring
to appeal said decision shall file the appeal in the District Court
of Johnson County within thirty (30) days of the making of the final
decision of the Board.
[Ord. No. 1007 §16-203A.400, 1-24-2001]
A.
No application
for rezoning by a landowner or agent will be accepted if any application
for substantially the same property and substantially the same development
or land use has been filed and advertised for public hearing within
the preceding six (6) months.
B.
For purposes of Subsection (A), the preceding six (6) month period shall be determined as follows:
1.
If there
was final action (either approval or denial) on the prior application,
the six (6) month period shall run from the date of such action.
2.
If the
prior application was withdrawn after being advertised for public
hearing, the six (6) month period shall run from the date the application
was withdrawn.
C.
The Public
Works Director shall determine if an application concerns "substantially
the same" property, development and land use as a prior application.
The landowner may appeal any such determination to the Planning Commission.
D.
The City
Council may waive the limitation in this Section for good cause shown.
