[R.O. 2011 §400.250; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §§7 — 9, 14, 5-15-2007]
A.
This Section sets out the required review procedures and review criteria for development plan applications.
1.
Applicability. A development plan shall be required for all alterations, expansions or new construction associated with a commercial, industrial, mixed-used or multi-family development.
Building permits for any site shall not be issued until a development plan has been reviewed and approved by the City.
2.
Application types. The review process for development plan applications shall vary depending on the type of application submitted.
a.
Minor development plan. The following situations shall be processed in accordance with the provisions for a minor development plan.
(1)
Additions to commercial, industrial or mixed-use structures;[1] which are less than twenty-five percent (25%).
[Ord. No. 1671, 7-16-2019]
[1]
Editor’s Note: Former Subsection (A)(2)(a)(3), regarding parking lot expansions, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(2)(a)(4) and (5) as (A)(2)(a)(3) and (4), respectively.
(2)
Multi-family residential developments and attached single-family dwelling units comprised of less than four (4) units.
(3)
[2]Exterior alterations to commercial, industrial or mixed-use structures which include a change in materials.
[2]
Editor’s Note: Former Subsection (A)(2)(a)(3), regarding parking lot expansions, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(2)(a)(4) and (5) as (A)(2)(a)(3) and (4), respectively.
(4)
Any development not meeting the applicability criteria as stated under major development plan below.
b.
Major development plan. The following situations shall be processed in accordance with the provisions for a major development plan.
(1)
Any new commercial, industrial or mixed-use development.
(2)
Additions to commercial, industrial or mixed-use buildings; changes to impervious surfaces; or changes to site landscaping which are greater than twenty-five percent (25%).
[Ord. No. 1671, 7-16-2019]
(3)
Multi-family residential developments and attached single-family dwelling units comprised of four (4) or more units.
(4)
[3]Any development possessing more than one (1) phase.
[3]
Editor’s Note: Former Subsection (A)(2)(b)(4), regarding parking lot expansions, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(2)(b)(5) and (6) as (A)(2)(b)(4) and (5), respectively.
(5)
A determination is made by the Director of Community Development or their designees that the application may have a significant impact on adjacent property or the community in general.
[Ord. No. 1671, 7-16-2019]
3.
Overview of process. The review process for minor development plans shall be handled by a final development plan. The review process for major development plans involves at least two (2) steps: preliminary development plan review and final development plan review. In many cases, land will also need to be platted or replatted in order to carry out a development plan. The platting process is a separate process, but may run concurrently with the development plan review process.
[Ord. No. 1671, 7-16-2019]
a.
Preliminary development plan.
(1)
A preliminary development plan is a generalized land use plan for the entire area proposed to be included within the development. The purpose of the preliminary development plan is to allow early review of a proposed development before substantial technical planning work has been undertaken.
(2)
During preliminary development plan review, the preliminary development plan application is reviewed with respect to such issues as overall scale; density, including the number, type and location of dwelling units and other uses; impacts on surrounding areas; open space and environmental issues; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for the development. Approval of the preliminary development plan shall not constitute complete acceptance of the development, but shall be considered acceptance of the overall general planning concepts for the development and permission to prepare and submit a final development plan.
b.
Final development plan. During the final development plan review, the applicant must provide detailed plans for carrying out the type of project approved conceptually during the preliminary development plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements and conditions have been met.
4.
Minor development plan.
a.
Post-application conference. After submitting a minor development plan application, the applicant shall have a post-application conference as specified in Section 400.180(B), Post-Application Conference. Prior to or as part of the post-application conference, the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings, utilities, public infrastructure and other features pertinent to the development.
[Ord. No. 1671, 7-16-2019]
b.
Application submittal requirements. All minor development plan applications shall include the following:
(1)
A completed application form.
(3)
Legal description of the subject property.
(4)
[4]Two (2) full-size copies [not more than thirty-four (34) inches by forty-four (44) inches], one (1) reduced copy [eleven (11) inches by seventeen (17) inches], and one (1) electronic of the development plan, including the following:
[Ord. No. 1671, 7-16-2019]
(a)
Site plan showing:
(i)
The general location of the property.
(ii)
Name and address of the property owner and applicant.
(iii)
Scale of the plan, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Director of Community Development or their designees.
(iv)
Date and north arrow.
(v)
The layout of the property identifying setback lines, existing and proposed improvements (buildings, streets, parking areas, ingress and egress points, loading areas, utilitarian areas, pedestrian facilities, recreational facilities, retaining walls, etc.) and natural areas.
(vi)
Location and dimensions of existing and proposed public streets (including right-of-way lines), water lines, hydrants, sewer lines, storm water management facilities, easements, parks and other publicly owned land or improvement.
(vii)
Location and type of outdoor lighting.
(viii)
Surrounding land uses.
(ix)
The names of adjacent property owners.
(b)
Grading and erosion control plan showing existing and proposed contours, with intervals of not more than two (2) feet, referred to U.S.G.S. extending fifty (50) feet beyond the property. In areas where grades are steep, the Director of Community Development or their designees may require a lesser contour interval. (Applications for exterior renovations need not include grading and erosion control plans.)
(c)
Storm water calculations, prepared in accordance with KCAPWA Section 5600, showing pre-development conditions, post-development conditions, downstream impact and any necessary mitigation. (Applications for exterior renovations need not include storm water calculations.)
(d)
Landscape plan showing any existing or proposed screening, fencing and landscaping. (Applications for exterior renovations need not include a landscape plan.)
(e)
Plans and elevation views of all existing and proposed buildings and structures or accessory structures, including outdoor signs. (Applications for parking lot expansions need not include building plans and elevation views.)
(f)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the development.
[4]
Editor’s Note: Former Subsection (A)(4)(b)(4), which required all minor development plan applications to include a map showing all surrounding land within 185 feet, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(4)(b)(5) through (8) as Subsection (A)(4)(b)(4) through (7), respectively.
(5)
Copies of tax certificates from the County.
(6)
Proof of ownership or control of the property or permission from the property owner.
(7)
A completed flood hazard and levee critical area information form, if necessary. Applications involving the flood hazard or levee critical area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the time frame outlined in this Section due to the time required for additional agencies, such as the Corps of Engineers and levee district, to review the application.
c.
Review and action — Director of Community Development. The Director of Community Development or their designees and any other necessary City staff shall review the minor development plan application within a reasonable time after the filing of the application. After reviewing the minor development plan application, the Director or their designees shall approve, approve with modifications or deny the application.
[Ord. No. 1671, 7-16-2019]
d.
Review criteria. In reviewing all minor development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications.
e.
Revisions. The Director of Community Development or their designees may approve minor revisions to approved minor development plans without the filing of a new application, but in no event shall the Director approve the following revisions except through the same process used to approve the original development plan:
[Ord. No. 1671, 7-16-2019]
(1)
[5]A ten percent (10%) or greater increase in floor area, building coverage or impervious surface.
[5]
Editor’s Note: Former Subsection (A)(4)(e)(1), regarding a ten-percent or greater increase in building height, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(4)(e)(2) and (3) as Subsection (A)(4)(e)(1) through (2), respectively.
(2)
A ten percent (10%) decrease in open space.
5.
Major development plan.
a.
Preliminary development plan.
(1)
Post-application conference. After submitting a preliminary development plan application, the applicant shall have a post-application conference as specified in Section 400.180(B), Post-Application Conference. Prior to or as part of the post-application conference, the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings, utilities, public infrastructure and other features pertinent to the development.
[Ord. No. 1671, 7-16-2019]
(2)
Application submittal requirements. All preliminary development plan applications shall include the following:
(a)
A completed application form.
(c)
Legal description of the subject property.
(d)
[6]Two (2) full-size copies [not more than thirty-four (34) inches by forty-four (44) inches], one (1) reduced copy [eleven (11) inches by seventeen (17) inches] and one (1) electronic of the development plan, including the following:
[Ord. No. 1671, 7-16-2019]
(i)
Site plan showing:
i)
The general location of the property.
ii)
Name and address of the property owner and applicant.
iii)
Scale of the plan, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Director of Community Development or their designees.
iv)
Date and north arrow.
v)
The layout of the property identifying setback lines, existing and proposed improvements (buildings, streets, parking areas, ingress and egress points, loading areas, utilitarian areas, pedestrian facilities, recreational facilities, retaining walls, etc.) and natural areas.
vi)
Location and dimension of existing and proposed public streets (including right-of-way lines), water lines, hydrants, sewer lines, storm water management facilities, easements, parks or other publicly owned land or improvement.
vii)
(Reserved)
viii)
Surrounding land uses.
ix)
The names of adjacent property owners.
(ii)
Grading and erosion control plan showing existing and proposed contours, with intervals of not more than two (2) feet, referred to U.S.G.S. extending fifty (50) feet beyond the property. In areas where grades are steep, the Director of Community Development or their designees may require a lesser contour interval.
(iii)
Storm water calculations, prepared in according with KCAPWA Section 5600, showing pre-development conditions, post-development conditions, downstream impacts and any necessary mitigation.
[6]
Editor’s Note: Former Subsection (A)(5)(a)(2)(d), which required all preliminary development plan applications to include a map showing all surrounding land within 185 feet, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(5)(a)(2)(e) through (h) as Subsection (A)(5)(a)(2)(d) through (g), respectively.
(e)
Copies of tax certificates from the County.
(f)
Proof of ownership or control of the property or permission from the property owner.
(g)
A completed flood hazard and levee critical area information form, if necessary. Applications involving the flood hazard or levee critical area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the time frame outlined in this Section due to the time required for additional agencies, such as the Corps of Engineers and levee district, to review the application.
(3)
Review and report — Director of Community Development. To coordinate and facilitate review of the preliminary development plan, the Director of Community Development or their designees shall solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the preliminary development plan and submit their comments to the Director or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission public hearing, the proposed preliminary development plan shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Director or their designees shall prepare a staff report that reviews the proposed preliminary development plan in light of the review criteria set forth in Section 400.180(Q), Review Criteria for Considering Applications and any comments made by the agencies, departments and persons noted in this Section. The Director or their designees shall make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission public hearing.
[Ord. No. 1671, 7-16-2019]
(4)
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall review the preliminary development plan application within sixty (60) days of the date that a complete application is filed. The Planning and Zoning Commission shall recommend approval, approval with modifications or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
(5)
Review and action — Board of Aldermen. The Board of Aldermen shall review the proposed preliminary development plan application within thirty (30) days of the Planning and Zoning Commission's recommendation. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed final development plan within sixty (60) days of the date of the Planning and Zoning Commission's recommendation.
(6)
Review criteria. In reviewing all preliminary development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications.
(7)
Effect of approval of preliminary development plan. Approval of the preliminary development plan shall not constitute complete acceptance of the development, but shall be considered acceptance of the overall general planning concepts for the development and permission to prepare and submit a final development plan.
b.
Final development plan.
(1)
Post-application conference. After submitting a final development plan application, the applicant shall have a post-application conference as specified in Section 400.180(B), Post-Application Conference. As part of the post-application conference, the applicant shall submit a sketch plan showing their ideas and intentions for the proposed development. The sketch plan shall show all existing and proposed buildings, utilities, public infrastructure and other features pertinent to the development.
[Ord. No. 1671, 7-16-2019]
(2)
Application submittal requirements. All final development plan applications shall include the following:
(a)
A completed application form.
(c)
Legal description of the subject property.
(d)
[7]Two (2) full-size copies [not more than thirty-four (34) inches by forty-four (44) inches], one (1) reduced copy [eleven (11) inches by seventeen (17) inches] and one (1) electronic copy of the development plan, including the following:
[Ord. No. 1671, 7-16-2019]
(i)
Site plan showing:
i)
The general location of the property.
ii)
Name and address of the property owner and applicant.
iii)
Scale of the plan, which shall be one (1) inch equals one hundred (100) feet or larger, unless specifically waived by the Director of Community Development or their designees.
iv)
Date and north arrow.
v)
The layout of the property identifying setback lines, existing and proposed improvements (buildings, streets, parking areas, ingress and egress points, loading areas, utilitarian areas, pedestrian facilities, recreational facilities, retaining walls, etc.) and natural areas.
vi)
Location and dimensions of existing and proposed public streets (including right-of-way lines), water lines, hydrants, sewer lines, storm water management facilities, easements, parks or other publicly owned land or improvement.
vii)
Lighting plan with photometrics.
viii)
Surrounding land uses.
ix)
The names of adjacent property owners.
(ii)
Grading and erosion control plan showing existing and proposed contours, with intervals of five (5) feet or less extending fifty (50) feet beyond the property.
(iii)
Storm water calculations prepared in accordance with KCAPWA Section 5600, if changed from the approved preliminary development plan.
(iv)
Landscape plan showing any existing and proposed screening, fencing and landscaping.
(v)
Plans and elevation views of all existing and proposed buildings and structures or accessory structures, including outdoor signs. (Applications for parking lot expansions need not include building plans and elevation views.)
(vi)
Master sign plan.
(vii)
A copy of any covenants or deed restrictions that are intended to cover all or any part of the development.
[7]
Editor’s Note: Former Subsection (A)(5)(b)(2)(d), which required all final development plan applications to include a map showing all surrounding land within 185 feet, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsection (A)(5)(b)(2)(e) through (h) as Subsection (A)(5)(b)(2)(d) through (g), respectively.
(e)
Copies of tax certificates from the County.
(f)
Proof of ownership or control of the property or permission from the property owner.
(g)
A completed flood hazard and levee critical area information form, if necessary. Applications involving the flood hazard or levee critical area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the time frame outlined in this Section due to the time required for additional agencies, such as the Corps of Engineers and levee district, to review the application.
(3)
Review and report — Director of Community Development. To coordinate and facilitate review of the final development plan, the Director of Community Development or their designees shall solicit and receive the review comments of City staff, appropriate officials of the County, State or other governmental agencies, parks and recreation agencies and the school district. The agencies, departments and persons noted in this Section shall have a minimum of ten (10) working days to review the final development plan and submit their comments to the Director or their designees. If such comments have not been received prior to one (1) week before the Planning and Zoning Commission meeting, the proposed plan shall be submitted to the Planning and Zoning Commission without recommendations by the agencies, departments and persons noted in this Section. The Director or their designees shall prepare a staff report that reviews the proposed final development plan in light of the review criteria set forth in Section 400.180(Q), Review Criteria for Considering Applications and any comments made by the agencies, departments and persons noted in this Section. The Director or their designees shall make available a copy of the report to the Planning and Zoning Commission and the applicant prior to the scheduled Planning and Zoning Commission meeting.
[Ord. No. 1671, 7-16-2019]
(4)
Review and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed final development plan within sixty (60) days of the date that a complete application is filed, provided that the required notice can be given within that time. Following the close of the public hearing, the Planning and Zoning Commission shall recommend approval, modified approval or denial of the application and transmit a written summary of its action and proceedings to the Board of Aldermen.
(5)
Review and action — Board of Aldermen. The Board of Aldermen shall hold a public hearing on the proposed final development plan within thirty (30) days of the close of the Planning and Zoning Commission's public hearing. The Board of Aldermen shall act to approve, approve with modifications or deny the proposed preliminary development plan within sixty (60) days of the date of the close of the Board of Aldermen public hearing on the application.
(6)
Review criteria. In reviewing all final development plan applications, the reviewing bodies shall consider the review criteria set forth in Section 400.180(Q) Review Criteria for Considering Applications and whether the final development plan is in substantial compliance with the approved preliminary development plan. The final development plan shall be deemed to be in substantial compliance with the preliminary development plan, provided the final development plan does not result in:
(a)
An increase in project density or intensity, including the number of housing units per acre or the amount of non-residential floor area per acre.
(b)
A change in the mix of housing types or the amount of land area devoted to non-residential uses.
(c)
A reduction in the amount of open space.
(d)
Any change to the vehicular system which results in a significant change in the amount or location of streets, common parking areas and access to the development.
(e)
Any change determined by the Planning and Zoning Commission to represent an increase in development intensity.
(f)
A change in use categories.
(g)
A material change in the layout of buildings.
(h)
A material change in the master sign plan.
(7)
Effect of approval of a final development plan. Approval of the final development plan shall confer upon the applicant the right to request all necessary permits to begin constructing the development.
(8)
Revisions. The Director of Community Development or their designees may approve minor revisions which substantially conform to the character, size, density, use and applicable district regulations of the approved final development plan without the filing of a new application, but in no event shall the Director approve the following revisions:
[Ord. No. 1671, 7-16-2019]