Douglas City Zoning Code

CHAPTER 3

APPLICATION AND REVIEW PROCEDURES

3.1 - General

The following provisions are intended to provide comprehensive application-type-by-application-type review and approval procedures for each land use application type identified through this Unified Land Development Code ("ULDC"). The procedures for each application type typically, but not always, include provisions pertaining to the following steps and requirements in the application submittal, review, and approval process:

• Pre-application conference

• Application submittal requirements

• Plan/Plat mapping standards

• Review and referral process

• Notice requirements

• Approval criteria and public hearings

• Post hearing requirements

• Amendments and appeals

• Scope, limitations, and expiration

(Ord. No. 967, § 42, 8-10-2015)

3.2 - Sketch Plans

3.2.1

Intent and Applicability

Intent
The sketch plan process is the first step in the approval process for larger, more complex developments. The primary purpose of the sketch plan process is to ensure feasibility of the proposed development in terms of the following:

• The anticipated division of land and land use scenario, including the relationship of the development to existing and planned land uses and development patterns;

• Ability to obtain adequate services;

• Identification of hazards and environmentally sensitive areas;

• Identification of vehicular and pedestrian circulation, including establishing and extending existing corridors and pathways.

Applicability
The requirement to obtain approval of a sketch plan shall be at the discretion of the Community Development Director, except as otherwise required in the Annexation requirements of this section. A sketch plan is generally required for multi-phased large scale developments or for moderate to large scale mixed-use developments.

3.2.2

Pre-Application Conference

A pre-application conference with the City Community Development Director or his/her designee is required prior to making a formal application for approval of a sketch plan. The purpose of the pre-application conference is to work with the Community Development Department to identify any major issues or potential problems that may arise during the process of reviewing a proposed sketch plan application. The conference should also serve as an initial collaboration with City staff to begin developing appropriate strategies for mitigating and/or offsetting the impacts of the development and any identified major issues or problems.

3.2.3

Application Submittal Requirements

A formal application for approval of a sketch plan shall include a sketch plan map, a completed sketch plan application form, payment of the appropriate application fee, and documentation sufficient to address the standards and review criteria in this Section 3.2. The submittal requirements and appropriate quantity of each submittal requirement, including electronic copies, shall be established by the Community Development Department at or following the pre-application conference, but prior to submitting a formal application for approval of a sketch plan. The submittal requirements are necessary to address the feasibility of the proposed development in terms of the functional and physical characteristics of sketch plan area and in terms of the proposed uses within the sketch plan in relation to the following:

• Site topography, landforms, and geology

• Existing soils and vegetation on the site

• Surface and subsurface drainage patterns and characteristics

• Physical and visual impacts

• Site accessibility

• Parcel configuration

• Vehicular and pedestrian circulation patterns

• Utility location and capacities

• Fire and police protections

• School district capacity

• Related public improvements

• Accessibility to community services

3.2.4

Sketch Plan Mapping Standards

All sketch plans shall depict the planning area and land use types for the proposed development based upon the requirements of this Section 3.2. The layout and design of the plan should anticipate compliance with the zoning requirements of Chapter 4 and the subdivision requirements of Chapter 7 of this Code.

General Requirements
Each sheet of a sketch plan shall comply with each of the following:

• The sketch plan shall be 24 inches in height by 36 inches in width and depicted as a scale of one inch equals 200 feet (1" = 200'), or at an alternative scale approved by the Community Development Director;

• A composite drawing of the entire plan area, indicating the match lines, sheet numbers, and location of each sheet within the plan area;

• Include a title, which shall state the proposed name of the development and the words "Sketch Plan";

• Include the date of preparation;

• Include a scale commensurate with the associated sketch plan drawing; and

• Include a north arrow.

Cover Sheet Requirements
In addition to the General Requirements above, the cover sheet of a sketch plan shall also include each of the following details:

• A vicinity map depicting the location of the subject property in relation to section lines, nearby major roadways, and nearby existing subdivisions;

• Include a description of the quarter section(s) (¼), section, township, and range within which the proposed development is located;

• Names, addresses, telephone numbers, and email addresses (as available) of the property owner(s), developer(s), engineer(s) of record, and land surveyor(s);

• Property owner(s) and developers, if applicable, signature blocks;

• A purpose and intent statement; and

• Statements summarizing feasible methods of providing adequate water supply and sewage disposal to the proposed subdivision.

Mapping Sheet Requirements
In addition to the General Requirements above, any sheet(s) that depicts or otherwise maps the proposed sketch plan area shall also include the following:

• A depiction of the physical features, including the following:

• Location and delineation of all nearby and included section lines;

• Location of property lines and boundaries of the proposed development area;

• Location and identification of all hazardous and non-buildable areas;

• Location and identification of all drainage ways and water courses and respective directions of flow;

• Location and type of FEMA floodways;

• The footprint of existing buildings and identification of the current use of each building;

• Approximate existing contours shown at an interval approved by the Community Development Director;

• Location and identification of land intended for public use, including but not limited to, parks, schools, open space, major roadways, trail corridors, utilities, drainage improvements, and community gathering places and facilities; and

• Location of any out parcels that are not a part of the proposed plan and identification of the current zoning and use of the parcel(s).

• A geographical depiction of the proposed internal land use scenario and existing adjacent land use pattern, including the following:

• Location, use category (single-family residential, multi-family residential, commercial, open space, industrial, etc.), proposed density range for all residential use categories expressed in units per acre, and proposed maximum commercial and/or industrial square footage for all internal areas of the sketch plan;

• Location, zoning, and existing use of all properties located within one-fourth (¼) of a mile of the sketch plan boundary;

• Delineation and identification of all existing easements, rights-of-way, utilities, and drainage ways within one-fourth (¼) of a mile of the sketch plan boundary;

• Any other features required to be depicted by the Community Development Director; and

• A statement or statements outlining the intent to dedicate and the anticipated maintenance responsibilities of all proposed common and/or public spaces, including, but not limited to, roads, alleys, sidewalks, parks, and open spaces.

3.2.5

Review and Referral Process

All sketch plan applications shall be processed pursuant to the following:

Application Submittal, Cursory Completeness Review, and Referral Procedures
All sketch plan applications shall be submitted to the Community Development Department for review pursuant to the requirements established by the Department at or following the pre-application meeting.

The Community Development Department shall conduct a cursory completeness review at the point of intake to ensure that all applications include the appropriate documentation prior to formal acceptance. If an application is determined to be complete, the Department shall accept the application and distribute it for review by appropriate internal City reviewers and applicable external review agencies. If an application is determined to be incomplete, the Department shall notify the developer of the deficiencies of the application and the developer shall be responsible for rectifying all deficiencies prior to attempting resubmittal of the application for formal acceptance.

Technical Review and Resubmittal Procedures
The review and referral period for a sketch plan depends on the complexity of the application and the workloads of the respective reviewers.

Following the review and referral period, the Community Development Department shall provide the applicant with all comments from the Community Development Department, other internal City reviewers, and the applicable external review agencies. It shall be the applicant's responsibility to review all comments and provide revisions to the application, including supporting documentation.

Upon resubmittal of the application and supporting documentation, the Community Development Department shall re-distribute the materials for review to all agencies having unresolved issues following the initial review. The re-review and re-referral period may require additional review time depending upon the complexity of the outstanding issues on the application, and supporting documentation, and the workloads of the respective reviewers. If the applicant is unable to resolve all outstanding technical issues associated with the application following review of the resubmittal, additional resubmittals and re-reviews may be required and shall generally follow the same resubmittal and review procedures identified above.

Determination of Technical Completeness and Scheduling for Hearing
The Community Development Department shall make a determination of technical completeness for a sketch plan application once the applicant has adequately addressed all outstanding issues on the application, and supporting documentation, and shall schedule the application for the next available Planning and Zoning Commission hearing.

3.2.6

Notice Requirements

All sketch plan applications shall be reviewed by the Planning and Zoning Commission and the City Council. The notification requirements for each hearing shall be as follows:

Published and Mailed Notice Requirements for Hearings

Published Notice

At least fifteen (15) calendar days prior to Planning and Zoning Commission review of a sketch plan, the Community Development Department shall cause notice to be published in a newspaper of general circulation. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicate the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall include a brief summary of the proposal, including, but not limited to, a description of the sketch plan area, the acreage of land included in the sketch plan, the proposed use categories and respective acreages, the proposed maximum dwelling units and associated density ranges, and the proposed maximum square footage of all non-residential use categories.

ii.

Mailed Notice

At least fifteen (15) calendar days prior to Planning and Zoning Commission review of a sketch plan application, the Community Development Department shall provide first class mailed notice to the owner or owners of all properties located within one thousand four hundred (1,400) feet of the boundaries of the sketch plan area of the Planning and Zoning Commission and City Council hearings. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicate the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall include a brief summary of the proposal, including, but not limited to, a description of the sketch plan area, the acreage of land included in the sketch plan, the proposed use categories and respective acreages, the proposed maximum dwelling units and associated density ranges, and the proposed maximum square footage of all non-residential use categories.

3.2.7

Approval Criteria and Public Hearings

Approval Criteria
In approving a sketch plan, the following shall be found:

The proposed sketch plan is consistent with the City Master Plan, as amended;

ii.

The proposed sketch plan is in compliance with the requirements of this Code;

iii.

The proposed sketch plan is compatible in terms of the internal use-to-use relationships and in relation to existing and approved land uses within one-quarter (¼) of a mile of the boundaries of the sketch plan area;

iv.

Adequate services will be available to meet the needs of the development, including roads, pedestrian connections, schools, recreational amenities, utilities, and emergency services;

The design and layout of the development will appropriately incorporate and protect natural resources;

vi.

The proposed sketch plan has adequately identified and planned for hazards, including but not limited to, geologic hazards, floodplains and drainageways, and wildfires;

Planning and Zoning Commission Hearing
The Planning and Zoning Commission shall evaluate the sketch plan application pursuant to the review criteria of subsection 3.2.7.A above and shall take one of the following actions:

Recommend to the City Council that the application be approved;

ii.

Recommend to the City Council that the application be approved with specific conditions or modifications;

iii.

Recommend to the City Council that the application be denied based upon failure to comply with the specific review criteria of this section;

iv.

Continue the application to collect additional information pertinent to compliance with the specific review criteria of this section. Upon an action to continue, the Community Development Department may elect to provide new posted and published notice. Under no circumstances shall continuance of an application occur more than once without the applicant's consent and no single continuance may result in more than a sixty-day delay without the applicant's consent.

City Council Hearing
The City Council shall evaluate the sketch plan application pursuant to the review criteria of subsection 3.2.7.A above and shall take one of the following actions:

Approval of the sketch plan;

ii.

Approval of the sketch plan with specific conditions or modifications;

iii.

Denial of the sketch plan based upon failure to comply with the specific review criteria of this section;

iv.

3.2.8

Post Hearing Requirements

Sketch plan maps and resolutions of approval are not typically recorded in the records of the Converse County Clerk and Recorder's Office, but shall be maintained in the records of the City of Douglas Community Development Department.

3.2.9

Amendments and Appeals

Major Sketch Plan Amendments
Any proposed amendment to an approved sketch plan that would result in any of the following shall be considered a major sketch plan amendment:

• A change to the sketch plan boundary;

• An increase in the maximum number of residential dwelling units for the overall sketch plan area;

• An increase in the maximum amount of commercial or industrial open space for the overall sketch plan area;

• An increase in the density range of any area of the sketch plan approved for single or multi-family residential use;

• A material relocation or reconfiguration, as determined by the Community Development Director, of the approved use categories within the sketch plan; or

• A material relocation, reconfiguration, or realignment, as determined by the Community Development Director, of any land intended for public use, including but not limited to, parks, schools, open space, major roadways, trail corridors, utilities, drainage improvements, and community gathering places and facilities.

All major sketch plan amendments shall conform to the application and review requirements of this section including the requirements for hearings before the Planning and Zoning Commission and City Council.

Minor Sketch Plan Amendments
Any proposed amendment to an approved sketch plan that would not result in a major sketch plan amendment, as outlined above, shall be considered a minor amendment. The Community Development Director shall have the authority to determine the appropriate application and review requirements for a minor sketch plan amendment. The Director shall also have the authority to determine whether a proposed minor sketch plan amendment should be reviewed and approved administratively by the Community Development Department or whether such amendment should be elevated for review and recommendation by the Planning and Zoning Commission and review and final action by the City Council.

Appeals
The City Council shall have final review and appeal authority of all sketch plan applications. Any interpretation made or administrative action taken by the Community Development Director may be appealed directly to the City Council for review and final action. All appeal requests shall be submitted in writing to the Community Development Director and shall be scheduled for the next available City Council hearing. The written request for an appeal of an administrative interpretation or decision shall include the following:

• A statement identifying the specific interpretation or decision made by the Community Development Director;

• A statement detailing the basis for appealing the interpretation or decision; and

• Language and/or supporting documentation that justifies approval of the appeal request.

There are no notification requirements for a City Council hearing to review and take final action on an appeal of an administrative interpretation or decision.

3.2.10

Scope, Limitations, and Expiration

A sketch plan shall be limited in scope to the specific approval of the City Council, including any conditions or required modifications. Any action by the land owner or developer that causes the approved sketch plan to be in non-compliance with the scope and limitations of the approval, as established by the action of the City Council on the sketch plan application, shall be subject to the enforcement provisions of Chapter 9 and all other legal remedies.

Approval of a sketch plan does not typically expire. The City Council may, however, as part of the final action taken on the application, set an expiration date as a condition of the approval.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 990, § 11, 5-22-2017; Ord. No. 1000, § 3, 6-10-2019)

3.3 - Mixed-Use Planned Unit Development (MU-PUD) Rezonings

3.3.1

Intent and Applicability

Intent
The intent of the MU-PUD zoning district is to provide an alternative zoning scheme that can be tailored to fit a proposed development that may not otherwise fit within a standard zoning district in terms of owner's desired development pattern, allowed uses, massing, densities, or type and mix of land uses. An applicant may propose an MU-PUD zoning district that accommodates development concepts that otherwise vary from strict compliance with the requirements of the City's standard zoning districts. The MU-PUD zoning district is a versatile zoning mechanism which should be used to encourage innovative and creative development design and to facilitate an appropriate mixture of land uses, including residential, commercial, open space, and other compatible land uses. The MU-PUD zoning district is not typically used to zone property to allow for the development of industrial land uses. A similar zoning mechanism, the Planned Light Industrial (PLI) zoning district, is available for developments proposing to use innovative design to develop a mixture of light industrial and commercial uses. This procedure is designed to allow for the processing, review, and approval of an MU-PUD zoning district in order to accomplish the following objectives:

• To preserve the health, safety, and general welfare of the existing and future residents of the City of Douglas;

• To permit adjustments to established development standards in order to encourage innovative development patterns that are more compatible with existing and planned land uses in the area;

• To improve the siting, design, character, and quality of new development by allowing flexibility in terms of lot sizes, building heights, setbacks, and other site development requirements;

• To encourage development that is responsive to the current market demand while still maintaining the character of the area;

• To provide housing of all types and designs to be located in proximity to employment and activity centers such as shopping, recreational amenities, public gathering places, and community centers;

• To minimize impacts on existing infrastructure and to encourage the most efficient use of public infrastructure while limiting the costs of providing services and to reduce the burden on existing streets and utilities by encouraging more efficient development;

• To ensure that the layout, design, and construction of new development is compatible with the natural land forms and environmental conditions in the immediate and surrounding area, including scenic vistas, natural features and hazards, and environmentally sensitive areas;

• To ensure the provision of active, usable open space;

• To ensure that new development plans for and installs measures that are designed to minimize and, where necessary, mitigate adverse impacts to public services and infrastructure resulting from such development; and

• To ensure that all mixed-use development is planned and developed in a manner that is in general conformance with the City of Douglas Master Plan.

Applicability
The MU-PUD zoning district is a voluntary zoning that is custom-tailored to a specific development proposal. The MU-PUD zoning is not required in order to develop within the City of Douglas. A property owner may, however, seek approval of a MU-PUD rezoning request if the owner's proposed development scenario for the property will not conform to the use and dimensional requirements of the City's standard zoning districts and if the property proposed to be zoned MU-PUD consists of at least ten (10) acres. The MU-PUD zoning district is typically used for medium to large-scale developments that include a mixture of open space and residential and commercial uses. Development within a MU-PUD zoning district may or may not be phased over an extended period of time.

3.3.2

Pre-Application Conference

A pre-application conference with the City Community Development Director or his/her designee is required prior to making a formal application for approval of a MU-PUD rezoning request. The purpose of the pre-application conference is to work with the Community Development Department to identify any major issues or potential problems that may arise during the process of reviewing a proposed MU-PUD rezoning. The conference should also serve as an initial collaboration with City staff to begin developing appropriate strategies for mitigating and/or offsetting the impacts of the development and any identified major issues or problems.

3.3.3

Application Submittal Requirements

A formal application for approval of a MU-PUD rezoning shall include a MU-PUD development plan map, a completed MU-PUD rezoning application form, payment of the appropriate application fee, and documentation sufficient to address the standards and review criteria in this Section. If the applicant does not include the project-specific development standards on the face of the MU-PUD development plan, then a MU-PUD development guide shall also be required in support of the MU-PUD rezoning application. The submittal requirements and appropriate quantity of each submittal requirement, including electronic copies, shall be established by the Community Development Department at or following the pre-application conference, but prior to submitting a formal application for approval of a MU-PUD rezoning request.

3.3.4

MU-PUD Zoning District Development Plan Requirements

All MU-PUD rezoning applications shall include an MU-PUD development plan depicting the MU-PUD zoning area. The purpose of the development plan is to provide information necessary to rezone a property to the MU-PUD zoning district and to provide a graphical representation that will serve as the zoning of the subject property following approval of the MU-PUD rezoning request. The MU-PUD development plan is a comprehensive and binding zoning document which details land use parameters and the general location and massing of buildings, landscaping, open space, pedestrian and vehicular circulation, architectural standards, and standards to ensure vertical and horizontal use-to-use compatibility. The standards for development in a MU-PUD development plan serve as customized zoning for the subject property rather than relying on the general development requirements of a Standard Zoning District in Section 4.4 of this Code. Applicants proposing a MU-PUD rezoning may elect to provide the project-specific development standards for the MU-PUD zoning district within a MU-PUD development guide rather than incorporating such development standards onto the face of the MU-PUD development plan. Under no circumstances shall the MU-PUD development guide be allowed as the only source of information in support of the MU-PUD rezoning request. All MU-PUD rezoning requests shall be supported by an associated visual depiction of the MU-PUD zoning district in the form of a MU-PUD development plan. The layout and design of the plan shall comply with the MU-PUD zoning requirements of Chapter 4 and the subdivision requirements of Chapter 7 of this Code.

General Requirements
Each sheet of a MU-PUD development plan shall comply with each of the following:

• The MU-PUD development plan shall be 24 inches in height by 36 inches in width and depicted as a scale of one inch equals 200 feet (1" = 200'), or at an alternative scale approved by the Community Development Director;

• A composite drawing of the entire plan area, indicating the match lines, sheet numbers, and location of each sheet within the specific MU-PUD zoning district;

• Include a title, which shall state the proposed name of the development and the words "Mixed Use-Planned Unit Development Zoning District";

• Include the date of preparation;

• Include a scale commensurate with the associated MU-PUD development plan drawing; and

• Include a north arrow.

Cover Sheet Requirements
In addition to the General Requirements above, the cover sheet of a MU-PUD development plan shall also include each of the following details:

• A purpose and intent statement;

• A vicinity map depicting the location of the subject property in relation to section lines, nearby major roadways, and nearby existing subdivisions;

• A legal boundary description showing the location and dimension of all boundary lines and monuments of the property proposed to be rezoned expressed in feet and hundredths of a foot prepared by a registered land surveyor. The description shall include the total acreage and a surveyed description of the property. The legal description for the property shall be included in the following format: "A parcel of land in the 1/4 of Section XX, Township XX South, Range XX West, of the Sixth Principal Meridian, City of Douglas, County of Converse, State of Wyoming, more particularly described as follows: "The legal description that follows this introduction may be by one of the following two means: (1) by metes and bounds, incorporating a complete traverse and meeting the accuracy standards described above; or (2) by subdivision, block and lot numbers, Surveyor Information and Notes.

• Signature blocks, including blocks for the property owner(s), developer(s), engineer(s) of record, and land surveyor(s);

• Certification blocks for the City Council, Planning and Zoning Commission, City Engineer, and County Clerk and Recorder;

• Statements summarizing the methods of providing adequate water supply and sewage disposal to the proposed development; and

• Land use data table for entire plan area. The final total gross acreage, gross density, and net density of the residential portion of the development plan by residential type (single-family, two-family, multi-family, etc.) and the maximum square footage of any commercial, office, or institutional land uses.

• A development impacts table which includes the following as appropriate:

• Water-use estimates and availability;

• Wastewater-use estimates and availability;

• Fire protection capabilities and provider;

• Parks, trails, and open space acreage, ownership, plan for maintenance; and

• Emergency service capabilities and provider.

• The approximate net acreage of land proposed to be dedicated for public streets or other public uses and the net acreage of land developed for private uses or facilities including private parks, open space, and recreation centers.

• Reference to the development guide, if applicable.

• Reference to any approved maintenance plan.

• Relationship to any development agreement, if applicable.

• Statement that maintenance of easements shall be the responsibility of the property owner; or specify another entity.

• All applicable standard notes and certificates required by City staff.

• Any notes that were a requirement as a condition of approval of the MU-PUD rezoning request.

• A sheet index for all sheets included in the MU-PUD development plan set.

• The following statements:

• Authority
This MU-PUD is authorized by Chapter 4 of the City of Douglas Unified Land Development Code.

• Applicability
The provisions of this MU-PUD shall run with the land. The landowners, their successors, heirs, and assigns shall be bound by this plan, as amended and approved by the City Council.

• Adoption
The adoption of this plan shall evidence the findings and decisions of the City Council that this plan is in general conformity with the City of Douglas Master Plan and is in compliance with the requirements of the City of Douglas Unified Land Development Code.

• Relationship to City Regulations
The provisions of this plan (and the associated development guide recorded in the records of the Converse County Clerk and Recorders office at Reception No. _______) shall prevail and govern development within the boundaries of this plan. The provisions of the City of Douglas Unified Land Development Code shall apply where provisions of this plan do not address a particular subject.

• Enforcement
To further the mutual interest of the residents, occupants, and owners of land within this plan and of the public in preserving the integrity of this plan, the provisions herein relating to the use of land and the location of common open space shall run in favor of the City of Douglas and shall be enforceable at law or in equity by the City without limitation on any power or regulation otherwise granted by law.

• Conflict
In the event of a conflict between two or more provisions within this plan (or between the provisions of this plan and the provisions of the associated development guide) that cover the same subject matter, the most restrictive provision shall apply.

• Maximum Level of Development
The total number of residential dwellings and the intensity level for commercial development shown on this plan is the maximum development requested for platting or construction. The actual number of dwellings or level of commercial development may be less due to implementation of subdivision or development plan requirements, land development capacity, or other conditions or modification imposed by the City Council.

• Amendments to this Plan
Any request to alter the provisions and restrictions of this plan shall comply with the application and review procedures in Chapter 3 of the City of Douglas Unified Land Development Code.

Mapping Sheet Requirements
In addition to the General Requirements above, any sheet that depicts or otherwise maps the proposed MU-PUD zoning district shall also include the following:

• Identification and delineation of all nearby and included section lines;

• Identification and delineation of property lines and boundaries of the proposed development area;

• Identification and delineation of all drainage ways and water courses and respective directions of flow;

• Delineation of the footprint of existing buildings and identification of the current use of each building on the property;

• Approximate existing contours shown at an interval approved by the Community Development Director; and

• Identification of ownership and zoning and delineation of any out parcels that are not a part of the proposed plan and identification of the current zoning and use of the parcel(s).

• Right-of-way lines, widths, classifications, and street names of all existing and proposed streets within and immediately adjacent to the property being rezoned. Alleys, greenways, bikeways, trails, sidewalks, and other transportation links shall also be indicated. Private drives and streets shall be labeled as such.

• The use designations, final ownership, and maintenance responsibility of all property proposed to be set aside for public and private facilities, including parks, trails, open space, recreation facilities, stormwater storage and drainage facilities, including the area of each tract to be set aside.

• The use designations, beneficiary, and reception number of all proposed or existing easements and rights-of-way.

• A name, number, or descriptor associated with each distinct planning area or phase of the MU-PUD zoning district. Tracts shall be given an alpha designation. All lot, block and tract numbering, if shown on the MU-PUD development plan, shall conform to the requirements of Chapter 7 of this Code.

• Distinct planning areas shall be identified by label (e.g.; Parcel or Area 1), and category (single-family, multi-family, commercial, institutional, etc.), and include specific information regarding each use type, acreage, total dwelling units and density, and commercial square footage.

• Other MU-PUD development plan information:

• The boundary of the development delineated with a heavy solid line.

• The identification and designation of the boundary lines of any 100-year floodplain, and the source of the designation.

• Names of all adjoining subdivisions with dotted lines of abutting lots. If the adjoining land is unplatted, it should be shown as such.

• Labels reading "Not a part of this development plan" and dashed lines delineating areas that do not constitute a part of the development plan.

• Statement regarding ownership and maintenance of streets, parks, trails, open space, or other similar facilities.

• A statement regarding the intent to dedicate public streets, alleys and easements to the City.

• Access locations to existing, adjacent, and approved roadways.

• Internal roads, including right-of-way dimensions and surface widths.

• Utility easements and identification as either existing or proposed.

• Utility mains connections to off-site facilities or services, but not internal service lines taps.

• Final planned use of the property, including driveways, building and parking locations, general building footprints and elevations, service connections, landscaping and other site improvements, as appropriate.

• The allowed land uses within open space areas.

• The following unless otherwise included in the MU-PUD Development Guide:

• Any specialized or alternative signage provisions, including subdivision entryway signage and a master sign program, if different than provisions included in Chapter 5 of this Code.

• Any specialized or alternative parking provisions, including shared parking scenarios, if different than provisions included in Chapter 5 of this Code.

• A master landscaping plan for the entire MU-PUD development plan area.

Specific Development Standards
In addition to depicting the geographical plan for development within the proposed MU-PUD zoning district on the MU-PUD development plan, the applicant shall also include development standards, either on the face of the MU-PUD development plan or as part of the associated development guide, addressing each of the following:

• Standards for each land use category, density type, or planning area. Include allowed, conditional, temporary, and accessory uses (matrix format similar to the format in the Chapter 4 of Code. The standards shall specify the specific use allowances for the subject MU-PUD development plan and shall not rely upon a cross reference to one or more standard zoning districts of this Code.

• Use and dimensional standards shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, building height, building elevations, percent of building coverage, parking, access, screening, and any other standards necessary to administer the plan.

• The dimensional standards shall include interior use-to-use buffer setbacks and exterior boundary setbacks as well as setbacks from adjacent and proposed internal roadways, and other similar setback requirements.

3.3.5

Review and Referral Process

All MU-PUD rezoning applications shall be processed pursuant to the following:

Application Submittal, Cursory Completeness Review, and Referral Procedures
All MU-PUD rezoning applications shall be submitted to the Community Development Department for review pursuant to the requirements established by the Department at or following the pre-application meeting.

Technical Review and Resubmittal Procedures
The review and referral period for a MU-PUD depends upon the complexity of the application and the workloads of the respective reviewers.

Upon resubmittal of the application and supporting documentation, the Community Development Department shall re-distribute the materials for review to all agencies having unresolved issues following the initial review. The re-review and re-referral period depends upon the complexity of the outstanding issues on the application, and supporting documentation, and the workloads of the respective reviewers. If the applicant is unable to resolve all outstanding technical issues associated with the application following review of the resubmittal, additional resubmittals and re-reviews may be required and shall generally follow the same resubmittal and review procedures identified above.

Determination of Technical Completeness and Scheduling for Hearing
The Community Development Department shall make a determination of technical completeness for an MU-PUD rezoning application once the applicant has adequately addressed all outstanding issues on the application, and supporting documentation, and shall schedule the application for the next available Planning and Zoning Commission hearing.

3.3.6

Notice Requirements

The public hearing for review and final action by the City Council on a MU-PUD rezoning application shall be held within thirty (30) days of the Planning and Zoning Commission hearing date at which a recommendation was made. The Planning and Zoning Commission recommendation shall be read into the record at the City Council hearing.

Published and Mailed Notice Requirements for Hearings

Published Notice

At least fifteen (15) days prior to City Council review of a MU-PUD rezoning application, the Community Development Department shall cause published notice to occur in a newspaper of general circulation. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicate the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall provide a brief summary of the proposal, including, but not limited to, the legal description of the subject property, the acreage of land included in the MU-PUD area, the proposed uses and respective acreages and densities or density ranges or maximum square footages.

ii.

Mailed Notice

At least fifteen (15) calendar days prior to Planning and Zoning Commission review of a MU-PUD application, the Community Development Department shall provide first class mailed notice to all property owners within two hundred twenty (220) feet, excluding streets and alleys, of the property or properties included within the proposed MU-PUD zoning district. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicated the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall provide a brief summary of the proposal, including, but not limited to, the legal description of the subject property, the acreage of land included in the MU-PUD area, the proposed uses and respective acreages and densities or density ranges or maximum square footages.

3.3.7

Approval Criteria and Public Hearings

Approval Criteria
In approving a MU-PUD rezoning, the following shall be found:

The proposed MU-PUD rezoning request is in substantial conformance with the City Master Plan, as amended;

ii.

The proposed MU-PUD rezoning request is in compliance with the requirements of this Code and will not otherwise be detrimental to the general health, safety, and welfare of the current and future residents of the City;

iii.

The subject property is suitable for the intended uses within the proposed MU-PUD rezoning request;

iv.

The proposed MU-PUD rezoning request will create compatible internal and external relationships in terms of the allowed uses, architecture, building massing, landscaping, and open space;

The proposed MU-PUD rezoning request provides appropriate use transitions and buffering between differing uses;

vi.

The proposed MU-PUD rezoning request will not overburden the capacities of existing and planned roads, utilities, or other public facilities or services and such facilities and services will be provided to support the development;

vii.

The proposed MU-PUD rezoning request provides a heightened level of project design when compared to the standards set forth in Chapter 5 of the Douglas Unified Land Development Code, including, but not limited to site layout and design, vehicular and pedestrian circulation and access, landscaping, buffering, and screening;

viii.

The proposed MU-PUD rezoning request provides adequate and usable open space in exchange for increased design and development flexibility; and

ix.

The proposed MU-PUD rezoning request is designed in a manner that incorporates and preserves areas having unique cultural, aesthetic, or natural qualities.

Planning and Zoning Commission Hearing
The Planning and Zoning Commission shall evaluate the MU-PUD rezoning application pursuant to the review criteria of subsection 3.3.7.A above and shall take one of the following actions:

Recommend to the City Council that the application be approved;

ii.

Recommend to the City Council that the application be approved with specific conditions or modifications;

iii.

Recommend to the City Council that the application be denied based upon failure to comply with the specific review criteria of this section;

iv.

Continue the application to collect additional information pertinent to compliance with the specific review criteria of this section. Upon an action to continue, the Community Development Department may elect to provide new posted and published notice. Under no circumstances shall continuance of an application occur more than once without the applicant's consent and no single continuance action may result in more than a sixty-day delay without the applicant's consent.

City Council Hearing
The City Council shall evaluate the MU-PUD rezoning application pursuant to the review criteria of subsection 3.3.7.A above and shall take one of the following actions:

Approval of the MU-PUD rezoning request;

ii.

Approval of the MU-PUD rezoning request with specific conditions or modifications;

iii.

Denial of the MU-PUD rezoning request based upon failure to comply with the specific review criteria of this section;

iv.

Continue the application to collect additional information pertinent to compliance with the specific review criteria of this section. Upon an action to continue, the Community Development Department may elect to provide new posted and published notice. Under no circumstances shall continuance of an application occur more than once without the applicant's consent and no single continuance action may result in more than a sixty-day delay without the applicant's consent.

3.3.8

Post Hearing Requirements

The resolution of approval, approval with conditions or modification, or of denial of the MU-PUD rezoning application by the City Council shall be recorded by the City Clerk in the records of the Converse County Clerk and Recorder's Office. The MU-PUD development plan and associated development guide, if included and approved, shall also be recorded concurrent with the City Council resolution in the records of the Converse County Clerk and Recorder's Office.

3.3.9

Amendments and Appeals

Major MU-PUD Zoning District Amendments
Any proposed amendment to an approved MU-PUD zoning district that would result in any of the following shall be considered a major MU-PUD zoning district amendment:

• A change to the MU-PUD zoning district boundary;

• The addition of any land use that was not previously approved as an allowed, conditional, temporary, or accessory use within the MU-PUD zoning district;

• An increase in the maximum number of residential dwelling units within a distinct planning area in the MU-PUD zoning district;

• An increase in the maximum amount of commercial square footage within a distinct planning area in the MU-PUD zoning district;

• An increase in the density range of any residential use within a distinct planning area in the MU-PUD zoning district;

• A material relocation or reconfiguration, as determined by the Community Development Director, of uses within a distinct planning area or among multiple planning areas; or

• A material relocation, reconfiguration, or realignment, as determined by the Community Development Director, of any land intended for public use, including but not limited to, parks, schools, open space, roadways, trail corridors, utilities, drainage improvements, and community gathering places and facilities.

All major MU-PUD zoning district amendments shall conform to the application and review requirements of this section including the requirements for hearings before the Planning and Zoning Commission and City Council.

Minor MU-PUD Zoning District Amendments
Any proposed amendment to an approved MU-PUD zoning district that would not result in a major MU-PUD zoning district amendment, as outlined above, shall be considered a minor amendment. The Community Development Director shall have the authority to determine the appropriate application and review requirements for a minor MU-PUD zoning district amendment. The Director shall also have the authority to determine whether a proposed MU-PUD zoning district amendment should be reviewed and approved administratively by the Community Development Department or whether such amendment should be elevated for review and recommendation by the Planning and Zoning Commission and review and final action by the City Council.

Appeals
The City Council shall have final review and appeal authority of all MU-PUD rezoning applications. Any interpretation made or administrative action taken by the Community Development Director may be appealed directly to the City Council for review and final action. All appeal requests shall be submitted in writing to the Community Development Director and shall be scheduled for the next available City Council hearing. The written request for an appeal of an administrative interpretation or decision shall include the following:

• A statement identifying the specific interpretation or decision made by the Community Development Director;

• A statement detailing the basis for appealing the interpretation or decision; and

• Language and/or supporting documentation that justifies approval of the appeal request.

There are no notification requirements for a City Council hearing to review and take final action on an appeal of an administrative interpretation or decision.

3.3.10

Scope, Limitations, and Expiration

A MU-PUD shall be limited in scope to the specific approval of the City Council, including any conditions or required modifications and the approved MU-PUD development plan and development guide. Any action by the land owner or developer that causes the approved MU-PUD zoning district to be in non-compliance with the scope and limitations of the approval, as established by the action of the City Council on the MU-PUD application, shall be subject to the enforcement provisions of Chapter 9 of this Code and all other legal remedies.

Approval of a MU-PUD rezoning request does not typically expire. The City Council may, however, as part of the final action taken on the application, set an expiration date as a condition of the approval.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 990, § 12, 5-22-2017; Ord. No. 1000, § 4, 6-10-2019)

3.4 - Planned Light Industrial (PLI) Rezonings

3.4.1

Intent and Applicability

Intent
The intent of the PLI zoning district is to provide an alternative zoning scheme for the development of a mixture of light industrial and commercial uses that can be tailored to fit a proposed development that may not otherwise fit within a standard zoning district in terms of the allowed uses, building siting and massing, and use intensities. The PLI zoning is designed to accommodate innovative light industrial and commercial development concepts and allow for variations from strict compliance with the City's standard zoning districts. The PLI zoning district is a versatile zoning mechanism which should be used to encourage innovative and creative development design and to facilitate an appropriate mixture of light industrial and commercial land uses. The PLI zoning district shall not be used to zone property to allow for the development of residential uses. A similar zoning mechanism, the Mixed-Use Planned Unit Development (PLI) zoning district, is available for developments proposing to use innovative design to develop a mixture of residential and commercial uses. This procedure is designed to allow for the processing, review, and approval of a PLI rezoning request in order to accomplish the following objectives:

• To preserve the health, safety, and general welfare of the existing and future residents of the City of Douglas;

• To permit adjustments to established development standards in order to encourage innovative industrial and commercial development patterns that are more compatible with existing and planned land uses in the area;

• To improve the siting, design, character, and quality of new development by allowing flexibility in terms of lot sizes, building heights, setbacks, and other site development requirements;

• To encourage development that is responsive to the current market demand while still maintaining the character of the area;

• To ensure the provision of use-to-use transition areas, including use intensity transitions, incorporating appropriate screening and buffering, and constructing aesthetically compatible buildings and structures.

• To ensure that all adverse impacts commonly associated with light industrial and commercial uses are appropriately mitigated and that all nuisances resulting from such uses are adequately abated.

• To ensure that all mixed-use light industrial and commercial developments are planned and developed in a manner that is in general conformance with the City of Douglas Master Plan.

Applicability
The PLI zoning district is a voluntary zoning that is custom-tailored to a specific development proposal. The PLI zoning is not required in order to develop within the City of Douglas. A property owner may, however, seek approval of a PLI rezoning request if the owner's proposed development scenario for the property will not conform to the use and dimensional requirements of the I (Industrial) standard zoning district and if the property proposed to be zoned PLI consists of at least ten (10) acres. The PLI zoning district is typically used for light industrial and commercial mixed-use developments. Development within a PLI zoning district may or may not be phased over an extended period of time.

3.4.2

Pre-Application Conference

A pre-application conference with the City Community Development Director or his/her designee is required prior to making a formal application for approval of a PLI rezoning request. The purpose of the pre-application conference is to work with the Community Development Department to identify any major issues or potential problems that may arise during the process of reviewing a proposed PLI rezoning. The conference should also serve as an initial collaboration with City staff to begin developing appropriate strategies for mitigating and/or offsetting the impacts of the development and any identified major issues or problems.

3.4.3

Application Submittal Requirements

A formal application for approval of a PLI rezoning shall include a PLI development plan map, a completed PLI rezoning application form, payment of the appropriate application fee, and documentation sufficient to address the standards and review criteria in this Section. If the applicant does not include the project-specific development standards on the face of the PLI development plan, then a PLI development guide shall also be required in support of the PLI rezoning application. The submittal requirements and appropriate quantity of each submittal requirement, including electronic copies, shall be established by the Community Development Department at or following the pre-application conference, but prior to submitting a formal application for approval of a PLI rezoning request.

3.4.4

PLI Zoning District Development Plan Requirements

All PLI rezoning applications shall include a PLI development plan depicting the PLI zoning area. The purpose of the development plan is to provide information necessary to rezone a property to the PLI zoning district and to provide a graphical representation that will serve as the zoning of the subject property following approval of the PLI rezoning request. The PLI development plan is a comprehensive and binding zoning document which details land use parameters and the general location and massing of buildings, landscaping, pedestrian and vehicular circulation, architectural standards, and standards to ensure internal and perimeter use-to-use compatibility. The standards for development in a PLI development plan serve as customized zoning for the subject property rather than relying on the general development requirements of a Standard Zoning District in Section 4.4 of this Code. Applicants proposing a PLI rezoning may elect to provide the project-specific development standards for the PLI zoning district within a PLI development guide rather than incorporating such development standards onto the face of the PLI development plan. Under no circumstances shall the PLI development guide be allowed as the only source of information in support of the PLI rezoning request. All PLI rezoning requests shall be supported by an associated visual depiction of the PLI zoning district in the form of a PLI development plan. The layout and design of the plan shall comply with the PLI zoning requirements of Chapter 4 and the subdivision requirements of Chapter 7 of this Code.

General Requirements
Each sheet of a PLI development plan shall comply with each of the following:

• The PLI development plan shall be 24 inches in height by 36 inches in width and depicted as a scale of one inch equals 200 feet (1" = 200'), or at an alternative scale approved by the Community Development Director;

• A composite drawing of the entire plan area, indicating the match lines, sheet numbers, and location of each sheet within the specific PLI zoning district;

• Include a title, which shall state the proposed name of the development and the words "Planned Light Industrial Zoning District";

• Include the date of preparation;

• Include a scale commensurate with the associated PLI development plan drawing; and

• Include a north arrow.

Cover Sheet Requirements
In addition to the General Requirements above, the cover sheet of a PLI development plan shall also include each of the following details:

• A purpose and intent statement;

• A vicinity map depicting the location of the subject property in relation to section lines, nearby major roadways, and nearby existing subdivisions;

• Include a description of the quarter section(s) (¼), section, township, and range within which the proposed development is located;

• Signature blocks, including blocks for the property owner(s), developer(s), engineer(s) of record, and land surveyor(s);

• Certification blocks for the City Council, Planning and Zoning Commission, City Engineer, and County Clerk and Recorder;

• Any notes that were a requirement as a condition of approval of the PLI rezoning request.

• Statements summarizing the methods of providing adequate water supply and sewage disposal to the proposed development; and

• The following statements:

• Authority
This PLI is authorized by Chapter 4 of the City of Douglas Unified Land Development Code.

• Applicability
The provisions of this PLI shall run with the land. The landowners, their successors, heirs, and assigns shall be bound by this plan, as amended and approved by the City Council.

• Enforcement
To further the mutual interest of the occupants and owners of land within this plan and of the public in preserving the integrity of this plan, the provisions herein relating to the use of land and the location of common open space shall run in favor of the City of Douglas and shall be enforceable at law or in equity by the City without limitation on any power or regulation otherwise granted by law.

• Maximum Level of Development
The intensity level for industrial and commercial development shown on this plan is the maximum development requested for platting or construction. The actual level of industrial and commercial development may be less due to implementation of subdivision or development plan requirements, land development capacity, or other conditions or modification imposed by the City Council.

Mapping Sheet Requirements
In addition to the General Requirements above, any sheet that depicts or otherwise maps the proposed PLI zoning district shall also include the following:

• Identification and delineation of all nearby and included section lines;

• Identification and delineation of property lines and boundaries of the proposed development area;

• Identification and delineation of all drainage ways and water courses and respective directions of flow;

• Delineation of the footprint of existing buildings and identification of the current use of each building on the property;

• Approximate existing contours shown at an interval approved by the Community Development Director; and

• The use designations, beneficiary, and reception number of all proposed or existing easements and rights-of-way.

• A name, number, or descriptor associated with each distinct planning area or phase of the PLI zoning district. Tracts shall be given an alpha designation. All lot, block and tract numbering, if shown on the PLI development plan, shall conform to the requirements of Chapter 7 of this Code.

• Distinct planning areas shall be identified by label (e.g., Parcel 1 or Area 1), and category (light industrial, commercial, etc.), and include specific information regarding each use type, acreage, and square footage.

• Other PLI development plan information:

• The boundary of the development delineated with a heavy solid line.

• The identification and designation of the boundary lines of any 100-year floodplain, and the source of the designation.

• Names of all adjoining subdivisions with dotted lines of abutting lots. If the adjoining land is unplatted, it should be shown as such.

• Labels reading "Not a part of this development plan" and dashed lines delineating areas that do not constitute a part of the development plan.

• Statement regarding ownership and maintenance of streets, trails, open space, or other similar facilities.

• A statement regarding the intent to dedicate public streets, alleys and easements to the City.

• Access locations to existing, adjacent, and approved roadways.

• Internal roads, including right-of-way dimensions and surface widths.

• Utility easements and identification as either existing or proposed.

• Utility mains connections to off-site facilities or services, but not internal service lines taps.

• The allowed land uses within open space areas.

• The following unless otherwise included in the PLI Development Guide:

• Architectural guidelines for each type of land use category and/or planning area. The intent of the architectural guidelines is to establish design continuity and compatibility within the development and as compared to adjoining land uses. Building architecture, lighting, signage, fencing, and streetscape elements should be addressed. Architectural guidelines may also be included within the PLI development guide in lieu of depiction on the PLI development plan.

• Any specialized or alternative signage provisions, including subdivision entryway signage and a master sign program, if different than provisions included in Chapter 5 of this Code.

• Any specialized or alternative parking provisions, including shared parking scenarios, if different than provisions included in Chapter 5 of this Code.

• A master landscaping plan for the entire PLI development plan area.

Specific Development Standards
In addition to depicting the geographical plan for development within the proposed PLI zoning district on the PLI development plan, the applicant shall also include development standards, either on the face of the PLI development plan or as part of the associated development guide, addressing each of the following:

• Standards for each land use category, density type, or planning area. Include allowed, conditional, temporary, and accessory uses (matrix format similar to the format in the Chapter 4 of Code). The standards shall specify the specific use allowances for the subject PLI development plan and shall not rely upon a cross reference to one or more standard zoning districts of this Code.

• Use and dimensional standards shall include, but may not be limited to: uses, maximum square footage, lot area, lot width, lot depth, building height, building elevations, percent of building coverage, parking, access, screening, and any other standards necessary to the administer the plan.

3.4.5

Review and Referral Process

All PLI rezoning applications shall be processed pursuant to the following:

Application Submittal, Cursory Completeness Review, and Referral Procedures
All PLI rezoning applications shall be submitted to the Community Development Department for review pursuant to the requirements established by the Department at or following the pre-application meeting.

Technical Review and Resubmittal Procedures
The review and referral period for a PLI rezoning depends upon the complexity of the application and the workloads of the respective reviewers.

Upon resubmittal of the application and supporting documentation, the Community Development Department shall re-distribute the materials for review to all agencies having unresolved issues following the initial review. The re-review and re-referral period depends upon the complexity of the outstanding issues on the application, and supporting documentation, and the workloads of the respective reviewers. If the applicant is unable to resolve all outstanding technical issues associated with the application following review of the resubmittal, additional resubmittals and re-reviews may be required and shall generally follow the same resubmittal and review procedures identified above.

Determination of Technical Completeness and Scheduling for Hearing
The Community Development Department shall make a determination of technical completeness for a PLI rezoning application once the applicant has adequately addressed all outstanding issues on the application, and supporting documentation, and shall schedule the application for the next available Planning and Zoning Commission hearing.

3.4.6

Notice Requirements

The public hearing for review and final action by the City Council on a PLI rezoning application shall be held within thirty (30) days of the Planning and Zoning Commission hearing date at which a recommendation was made. The Planning and Zoning Commission recommendation shall be read into the record at the City Council hearing

Published and Mailed Notice Requirements for Hearings

Published Notice

At least fifteen (15) days prior to City Council review of a PLI rezoning application, the Community Development Department shall cause published notice to occur in a newspaper of general circulation. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicate the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall provide a brief summary of the proposal, including, but not limited to, the legal description of the subject property, the acreage of land included in the PLI area, the proposed uses and respective acreages and densities or density ranges or maximum square footages.

ii.

Mailed Notice

At least fifteen (15) calendar days prior to Planning and Zoning Commission review of a PLI rezoning application, the Community Development Department shall provide first class mailed notice to all property owners within two hundred twenty (220) feet, excluding streets and alleys, of the property or properties included within the proposed PLI zoning district. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicate the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall provide a brief summary of the proposal, including, but not limited to, the legal description of the subject property, the acreage of land included in the PLI area, the proposed uses and respective acreages and densities or density ranges or maximum square footages.

3.4.7

Approval Criteria and Public Hearings

Approval Criteria
In approving a PLI rezoning, the following shall be found:

The proposed PLI rezoning request is in general conformance with the City Master Plan, as amended;

ii.

The proposed PLI rezoning request is in compliance with the requirements of this Code and will not otherwise be detrimental to the general health, safety, and welfare of the current and future residents of the City;

iii.

The proposed PLI rezoning request will create compatible internal and external relationships in terms of the allowed uses, building massing, landscaping, buffering, and screening;

iv.

The proposed PLI rezoning request provides appropriate use transitions and buffering between differing uses;

The proposed PLI rezoning request will not overburden the capacities of existing and planned roads, utilities, or other public facilities or services and such facilities and services will be provided to support the development;

vi.

The proposed PLI rezoning request will adequately mitigate adverse impacts and have the ability to provide abatement of any nuisances resulting from the siting and operation of the proposed uses; and

vii.

The propose PLI rezoning request is designed to incorporate and preserve areas having unique cultural, aesthetic, or natural qualities.

Planning and Zoning Commission Hearing
The Planning and Zoning Commission shall evaluate the PLI rezoning application pursuant to the review criteria of subsection 3.4.7.A above and shall take one of the following actions:

Recommend to the City Council that the application be approved;

ii.

Recommend to the City Council that the application be approved with specific conditions or modifications;

iii.

Recommend to the City Council that the application be denied based upon failure to comply with the specific review criteria of this section;

iv.

Continue final action on the application to collect additional information pertinent to compliance with the specific review criteria of this section. Upon an action to continue, the Community Development Department may elect to provide new posted and published notice. Under no circumstances shall continuance of an application occur more than once without the applicant's consent and no single continuance action may result in more than a sixty-day delay without the applicant's consent.

City Council Hearing
The City Council shall evaluate the PLI rezoning application pursuant to the review criteria of subsection 3.4.7.A above and shall take one of the following actions:

Approval of the PLI rezoning request;

ii.

Approval of the PLI rezoning request with specific conditions or modifications;

iii.

Denial of the PLI rezoning request based upon failure to comply with the specific review criteria of this section;

iv.

3.4.8

Post Hearing Requirements

The resolution of approval, approval with conditions or modification, or of denial of the PLI rezoning application by the City Council shall be recorded by the City Clerk in the records of the Converse County Clerk and Recorder's Office. The PLI development plan and associated development guide, if included and approved, shall also be recorded concurrent with the City Council resolution in the records of the Converse County Clerk and Recorder's Office.

3.4.9

Amendments and Appeals

Major PLI Zoning District Amendments
Any proposed amendment to an approved PLI zoning district that would result in any of the following shall be considered a major PLI zoning district amendment:

• A change to the PLI zoning district boundary;

• The additional of any land use that was not previously approved as an allowed, conditional, temporary, or accessory use within the PLI zoning district;

• An increase in the maximum amount of industrial or commercial square footage within a distinct planning area in the PLI zoning district;

• Relocation of or a decrease in the amount of open space, landscaping area, or buffering area within a distinct planning area and/or along the perimeter of the PLI zoning district;

• A material relocation or reconfiguration, as determined by the Community Development Director, of uses within a distinct planning area or among multiple planning areas; or

• A material relocation, reconfiguration, or realignment, as determined by the Community Development Director, of any land intended for public use, including but not limited to, open space, roadways, trail corridors, utilities, drainage improvements, and community gathering places and facilities.

All major PLI zoning district amendments shall conform to the application and review requirements of this section including the requirements for hearings before the Planning and Zoning Commission and City Council.

Minor PLI Zoning District Amendments
Any proposed amendment to an approved PLI zoning district that would not result in a major PLI zoning district amendment, as outlined above, shall be considered a minor amendment. The Community Development Director shall have the authority to determine the appropriate application and review requirements for a minor PLI zoning district amendment. The Director shall also have the authority to determine whether a proposed PLI zoning district amendment should be reviewed and approved administratively by the Community Development Department or whether such amendment should be elevated for review and recommendation by the Planning and Zoning Commission and review and final action by the City Council.

Appeals
The City Council shall have final review and appeal authority of all PLI rezoning applications. Any interpretation made or administrative action taken by the Community Development Director may be appealed directly to the City Council for review and final action. All appeal requests shall be submitted in writing to the Community Development Director and shall be scheduled for the next available City Council hearing. The written request for an appeal of an administrative interpretation or decision shall include the following:

• A statement identifying the specific interpretation or decision made by the Community Development Director;

• A statement detailing the basis for appealing the interpretation or decision; and

• Language and/or supporting documentation that justifies approval of the appeal request.

There are no notification requirements for a City Council hearing to review and take final action on an appeal of an administrative interpretation or decision.

3.4.10

Scope, Limitations, and Expiration

A PLI rezoning shall be limited in scope to the specific approval of the City Council, including any conditions or required modifications and the approved PLI development plan and development guide. Any action by the land owner or developer that causes the approved PLI zoning district to be in non-compliance with the scope and limitations of the approval, as established by the action of the City Council on the PLI application, shall be subject to the enforcement provisions of Chapter 9 of this Code and all other legal remedies.

Approval of a PLI rezoning request does not typically expire. The City Council may, however, as part of the final action taken on the application, set an expiration date as a condition of the approval.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 990, § 13, 5-22-2017; Ord. No. 1000, § 4, 6-10-2019)

3.5 - Preliminary Plats

3.5.1

Intent and Applicability

Intent
These procedures are intended to create a formal process for preliminary platting of land in the City of Douglas and to establish criteria for processing and approving such applications. These procedures are intended to achieve the following objectives:

• Creating an accurate public record for the legal transfer of platted lots;

• Ensuring proper legal description, monumentation, and recording of property boundaries;

• Ensuring that all lots are buildable pursuant to zoning and environmental regulations and are developed safe from fire, floods, and other hazards;

• Providing adequate traffic circulation;

• Establishing adequate and appropriate legal access;

• Ensuring proper installation of necessary utilities and public improvements, such as roads, water, wastewater, drainage facilities, and pedestrian improvements; and

• Compliance with Wyoming State Statutes, including but not necessarily limited to, W.S. §§ 34-12-101 — 115, 15-4-310,

Applicability
Any person proposing to subdivide real property within the incorporated boundaries of the City of Douglas may elect to make an application for approval of a preliminary plat, which shall include adequate development details as outlined below in this Section 3.5, in order to obtain approval of the basic concepts of the development without incurring the costs commonly associated with preparing and filing a final plat application. Any subdivision that creates property boundaries or interests in real property, as defined by this Code, shall follow these procedures for preliminary plat approval if such approval is sought by the applicant prior to making a formal final plat application.

If preliminary plat approval is not sought, then the applicant shall prepare a final plat application that combines and complies with the procedural requirements of both a preliminary plat, pursuant to this Section 3.5, and a final plat, pursuant to Section 3.6 below of this Chapter.

3.5.2

Pre-Application Conference

A pre-application conference with the City Community Development Director or his/her designee may be required, at the discretion of the Community Development Director, prior to making a formal application for approval of a preliminary plat. The purpose of the pre-application conference is to work with the Community Development Department to identify any major issues or potential problems that may arise during the process of subdividing a particular piece of property. The conference should also serve as an initial collaboration with City staff to begin developing appropriate strategies for mitigating and/or offsetting the impacts of the development and any identified major issues or problems.

3.5.3

Application Submittal Requirements

A formal application for approval of a preliminary plat shall include the preliminary plat map, a completed subdivision application form, payment of the appropriate application fee, and documentation sufficient to address the standards and review criteria of this Section 3.5. The submittal requirements and appropriate quantity of each submittal requirement, including electronic copies, shall be established by the Community Development Department at or following the pre-application conference or following a determination that a pre-application conference is not required, as applicable, but prior to formal application for approval of a preliminary plat. The submittal requirements are necessary to address the functional and physical characteristics of the subdivision and proposed uses within the subdivision in relation to the influences of, but not limited to, the following:

• Site topography, landforms, and geology

• Existing soils and vegetation on the site

• Surface and subsurface drainage patterns and characteristics

• Physical and visual impacts

• Site accessibility

• Parcel configuration

• Vehicular and pedestrian circulation patterns

• Utility location and capacities

• Fire and police protection

• School district capacity

• Related public improvements

• Accessibility to community services

3.5.4

Preliminary Plat Mapping Standards

All preliminary plats shall depict the proposed layout of the subdivision based upon the requirements of this Section 3.5 and shall comply with the zoning requirements of Chapter 4 and the subdivision requirements of Chapter 7 of this Code. All of the following requirements may be combined onto a single sheet if approved by the Community Development Director.

General Requirements
Each sheet of a preliminary plat shall comply with each of the following:

• The preliminary plat shall be 24 inches in height by 36 inches in width and depicted as a scale of one inch equals 200 feet (1" = 200'), or at an alternative scale approved by the Community Development Director;

• Include a title, which shall state the proposed name of the subdivision or addition and the words "Preliminary Plat";

• Include a description of the location of the addition or subdivision, including a description of the addition or subdivision as part of a larger subdivision or tract of land and a reference to permanent survey monuments with a tie to a section corner or quarter section corner;

• Include the date of preparation; and

• Include a north arrow.

Cover Sheet Requirements
In addition to the General Requirements above, the cover sheet of a preliminary plat shall also include each of the following details:

• Vicinity Map, which shall depict the location of the subject property in relation to the nearest major roadways and existing subdivisions.

• Signature blocks, including blocks for the property owner(s), developer(s), engineer(s) of record, and land surveyor(s), as applicable; and

• Statements summarizing the methods of providing adequate water supply and sewage disposal to the proposed subdivision.

Mapping Sheet Requirements
In addition to the General Requirements above, any sheet that depicts or otherwise maps the configuration of the proposed subdivision of the subject property shall also include the following:

• A depiction of the physical features, including the following:

• Location and delineation of all nearby and included section lines;

• Location and principal dimensions of all existing, platted, and proposed streets and alleys;

• Location and width of all existing, platted, and proposed sidewalks;

• Location and principal dimensions of all existing, platted, and proposed lots and lot lines, easements, and any lands reserved for public use;

• Watercourses and direction of flow;

• Delineation of any one hundred (100)-year floodplain and any land located therein;

• A plan for managing the drainage of storm water, including necessary improvements to established watercourses, detention and retention facilities, canals, and ditches;

• Existing and approved sewer and water mains, including alignment and diameter;

• Location and plans for constructing street lighting utilizing underground facilities;

• Location and identification of all existing and proposed underground and aboveground utilities, including, but not limited to, gas, telephone, electric, cable television, and fiber optic lines;

• Location and delineation of easements for postal service facilities;

• Location and delineation of areas for snow removal storage and for the siting of solid waste disposal containers, pursuant to the requirements of Chapters 5 and 6 of this Code; and

• Any other features required to be depicted by the Community Development Director; and

• Contours, which shall be based upon the United States Geologic Survey datum at vertical intervals of not more than five (5) feet where the slope is greater than ten (10) percent and not more than two (2) feet where the slope is less than ten (10) percent.

3.5.5

Review and Referral Process

All preliminary plat applications shall be processed pursuant to the following:

Application Submittal, Cursory Completeness Review, and Referral Procedures
All preliminary plat applications shall be submitted to the Community Development Department for review pursuant to the requirements established by the Department at or following the pre-application meeting. If a pre-application conference is not required by the Community Development Director, the Department shall provide the applicant with a list of submittal requirements for making a formal preliminary plat application.

Technical Review and Resubmittal Procedures
The review and referral period for a preliminary plat depends upon the complexity of the application and the workloads of the respective reviewers.

Upon resubmittal of the application and supporting documentation, the Community Development Department shall re-distribute the materials for review to all agencies having unresolved issues following the initial review. The re-review and re-referral period depends upon the complexity of the outstanding issues on the application, and supporting documentation, and the workloads of the respective reviewers. If the applicant is unable to resolve all outstanding technical issues associated with the application following review of the resubmittal, additional resubmittals and re-reviews may be required and shall generally follow the same resubmittal and review procedures identified above.

Determination of Technical Completeness and Scheduling for Hearing
The Community Development Department shall make a determination of technical completeness for a preliminary plat application once the applicant has adequately addressed all outstanding issues and shall schedule the application for the next available Planning and Zoning Commission hearing.

3.5.6

Notice Requirements

Published and Mailed Notice Requirements for Hearings

Published Notice

At least fifteen (15) days prior to Planning and Zoning Commission review of the preliminary plat, the Community Development Department shall cause notice to be published in a newspaper of general circulation. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicate the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall provide a brief summary of the proposal, including, but not limited to, the legal description of the subject property and the proposed number of lots and tracts.

ii.

Mailed Notice

At least fifteen (15) days prior to Planning and Zoning Commission review of a preliminary plat application, the Community Development Department shall provide first class mailed notice to the owner or owners of all properties located within two hundred twenty (220) feet of the boundaries of the preliminary plat area. The notice shall indicate the date, time, and location of the Planning and Zoning Commission hearing. The notice shall also indicate the date, time, and location of the City Council hearing and include the language "or as soon thereafter as possible." The notice shall include a brief summary of the proposal, including, but not limited to, the legal description of the subject property and the proposed number of lots and tracts.

3.5.7

Approval Criteria and Public Hearings

Approval Criteria
In approving a preliminary plat, the following shall be found:

The proposed preliminary plat is consistent with the City Master Plan, as amended;

ii.

The proposed preliminary plat is in compliance with the requirements of this Code;

iii.

The proposed preliminary plat is in compliance with any applicable sketch plan and mixed-use planned unit development, including any conditions and/or modifications of the applicable sketch plan or mixed-use planned unit development;

iv.

The proposed preliminary plat is in compliance with State law;

Necessary services and amenities, including police protection, emergency response, fire protection, recreational facilities, utilities, open spaces, and transportation systems, are or will be available and will be able to adequately serve the proposed subdivision.

Planning and Zoning Commission Hearing
The Planning and Zoning Commission shall evaluate the preliminary plat application subject to the review criteria of this section and shall take one of the following actions:

Recommend to the City Council that the application be approved;

ii.

Recommend to the City Council that the application be approved with specific conditions or modifications;

iii.

Recommend to the City Council that the application be denied based upon failure to comply with the specific review criteria of this section;

iv.

Continue the application to collect additional information pertinent to compliance with the specific review criteria of this section. Upon an action to continue, the Community Development Department may elect to provide new posted and published notice. Under no circumstances shall continuance of an application occur more than once without the applicant's consent and no single continuance action may result in more than a sixty-day delay without the applicant's consent.

City Council Hearing
The City Council shall evaluate the preliminary plat application subject to the review criteria of this section and shall take one of the following actions:

Approval of the preliminary plat;

ii.

Approval of the preliminary plat with specific conditions or modifications;

iii.

Denial of the preliminary plat based upon failure to comply with the specific review criteria of this section;

iv.

Postpone final action on the application to collect additional information pertinent to compliance with the specific review criteria of this section. Upon an action to postpone, the Community Development Department may elect to provide new posted and published notice. Under no circumstances shall postponement of an application occur more than once without the applicant's consent and no single postponement action may result in more than a sixty-day delay.

3.5.8

Post Hearing Requirements

Preliminary plats and the respective resolution of approval are not typically recorded in the records of the Converse County Clerk and Recorder's Office, but shall be maintained in the records of the City of Douglas Community Development Department.

3.5.9

Amendments and Appeals

Major Preliminary Plat Amendments
Any proposed amendment to an approved preliminary plat that would result in any of the following shall be considered a major preliminary plat amendment:

• A change to legal description of the land included within the preliminary plat;

• An increase in the number of approved lots;

• A decrease in the amount of approved open space; or

• A change in the provision of public improvements or a material change to the design of such improvements, as determined by the Community Development Director.

All major preliminary plat amendments shall conform to the application and review requirements of this section including the requirements for hearings before the Planning and Zoning Commission and City Council.

Minor Preliminary Plat Amendments
Any proposed amendment to an approved preliminary plat that would not result in a major preliminary plat amendment, as outlined above, shall be considered a minor amendment. The Community Development Director shall have the authority to determine the appropriate application and review requirements for a minor preliminary plat amendment. The Director shall also have the authority to determine whether a proposed minor preliminary plat amendment should be reviewed and approved administratively by the Community Development Department or whether such amendment should be elevated for review and recommendation by the Planning and Zoning Commission and review and final action by the City Council.

Appeals
The City Council shall have final review and appeal authority of all preliminary plat applications. Any interpretation made or administrative action taken by the Community Development Director may be appealed directly to the City Council for review and final action. All appeal requests shall be submitted in writing to the Community Development Director and shall be scheduled for the next available City Council hearing. The written request for an appeal of an administrative interpretation or decision shall include the following:

• A statement identifying the specific interpretation or decision made by the Community Development Director;

• A statement detailing the basis for appealing the interpretation or decision; and

• Language and/or supporting documentation that justifies approval of the appeal request.

There are no notification requirements for a City Council hearing to review and take final action on an appeal of an administrative interpretation or decision.

3.5.10

Scope, Limitations, and Expiration

A preliminary plat shall be limited in scope to the specific limitations and allowances of the plat as approved by the City Council, including the limitations and allowance of any conditions of approval or required modification. Any action by the land owner or developer that causes the approved preliminary plat to be in non-compliance with the scope and limitations of the approval, as established by the action of the City Council on the preliminary plat application, shall be subject to the enforcement provisions of Chapter 9 and all other legal remedies.

An approved preliminary plat shall automatically expire after one (1) year from the date of City Council approval unless a formal application for final plat approval is submitted for review.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 990, § 14, 5-22-2017; Ord. No. 1000, § 4, 6-10-2019; Ord. No. 1011, § 10, 12-13-2021)

3.6 - Final Plats and Replats

3.6.1

Intent and Applicability

Intent
These procedures are intended to create a formal process for final platting of land in the City of Douglas and to establish criteria for processing and approving such applications. These procedures shall also apply to all replatting actions that are not defined by this Code as a major or minor amendment of a final plat. These procedures are intended to achieve the following objectives:

• Creating an accurate public record for the legal transfer of platted lots;

• Ensuring proper legal description, monumentation, and recording of property boundaries;

• Ensuring that all lots are buildable pursuant to zoning and environmental regulations and are developed safe from fire, floods, and other hazards;

• Providing adequate traffic circulation;

• Establishing adequate and appropriate legal access;

• Ensuring proper installation of necessary utilities and public improvements, such as roads, water, wastewater, drainage facilities, and pedestrian improvements.

• Complying with Wyoming State Statutes, including but not necessarily limited to, W.S. §§ 34-12-101 — 34-12-115.

Applicability
Any subdivision that creates property boundaries or interests in real property, as defined by this Code, and any replats that are not defined by this Code as either a major or minor amendment, shall conform to the procedures of this Chapter. If an applicant has not obtained preliminary plat approval prior to making an application for approval of a final plat, then the applicant shall prepare a final plat application that combines and complies with the submittal and procedural requirements of both a preliminary plat application, pursuant to Section 3.5 above, and a final plat application, pursuant to this Section 3.6.

3.6.2

Pre-Application Conference

A pre-application conference with the City Community Development Director or his/her designee may be required, at the discretion of the Community Development Director, prior to making a formal application for approval of a final plat or replat. The purpose of the pre-application conference is to work with the Community Development Department to identify any major issues or potential problems that may arise during the process of subdividing a particular piece of property. The conference should also serve as an initial collaboration with City staff to begin developing appropriate strategies for mitigating and/or offsetting the impacts of the development and any identified major issues or problems.

3.6.3

Application Submittal Requirements

A formal application for approval of a final plat or replat shall include the plat map, a completed subdivision application form, payment of the appropriate application fee, letters from all necessary utility companies stating the service capacity and intent to serve the proposed subdivision (as determined by the Community Development Director), and documentation sufficient to address the standards and review criteria of this Section 3.6. The submittal requirements and appropriate quantity of each submittal requirement, including electronic copies, shall be established by the Community Development Department at or following the pre-application conference or following a determination that a pre-application conference is not required, as applicable, but prior to formal application for approval of a final plat or replat. The submittal requirements are necessary to address the functional and physical characteristics of the subdivision and proposed uses within the subdivision in relation to the influences of, but not limited to, the following:

• Site topography, landforms, and geology

• Existing soils and vegetation on the site

• Surface and subsurface drainage patterns and characteristics

• Physical and visual impacts

• Site accessibility

• Parcel configuration

• Vehicular and pedestrian circulation patterns

• Utility location and capacities

• Fire and police protections

• School district capacity

• Related public improvements

• Accessibility to community services

3.6.4

Final Plat and Replat Mapping Standards

All final plat and replat drawings shall be drawn in black waterproof ink on Mylar of good quality and shall depict the proposed layout of the subdivision based upon the requirements of this Section 3.6 and shall comply with the zoning requirements of Chapter 4 and the subdivision requirements of Chapter 7 of this Code. All of the following requirements may be combined onto a single sheet if approved by the Community Development Director.

General Requirements
Each sheet of a final plat or replat shall comply with each of the following:

• The plat map shall be 24 inches in height by 36 inches in width and depicted as a scale of one inch equals 200 feet (1" = 200'), or at an alternative scale approved by the Community Development Director;

• Include a title, which shall state the proposed name of the subdivision or addition and the words "Final Plat", or for replats shall instead include the word "Replat";

• Include a scale commensurate with the final plat or replat drawing, but not less than 200 feet to an inch (200' = 1");

• Include the date of preparation; and

• Include a north arrow.

Cover Sheet Requirements
In addition to the General Requirements above, the cover sheet of a final plat or replat shall also include each of the following details:

• Vicinity Map, which shall depict the location of the subject property in relation to the nearest major roadways and existing subdivisions;

• Signature blocks, including blocks for the property owner(s) and developer(s);

• A certificate for the land surveyor of record, which shall include the land surveyor's (L.S.) number and signature;

• Signature block for the engineer of record, as applicable, including location for stamping;

• An owner's dedication statement;

• Certificates for City Council, Planning and Zoning Commission, City Engineer, and County Clerk and Recorder approval;

• A key diagram, if more than three (3) sheets are used, showing the areas covered by each sheet of the final plat or replat;

• Statements detailing the providers of water supply, sewage disposal, and electrical and/or gas service to the proposed subdivision.

• A depiction of the following:

• Sufficient data meeting the requirements of Chapter 7 of this Code in order to readily determine the bearing and length of every lot line, block line, and boundary line. No ditto marks shall be used. All lots containing three-fourths (¾) of an acre or more shall be labeled in acreage to the nearest hundredth. All length, radius, delta and appropriate curve data shall be shown. For lots fronting onto curved street right(s)-of-way, all non-radial sides lot lines shall be labeled "NR";

• Lot and Block numbering in a logical order. Lot numbering shall begin at number one (1) in each block. For staged or phased development, the block numbering of a subsequent stage or phase shall begin with the next highest number following the highest number used on the plat or latest replat of the immediately preceding stage or phase;

• Easements, including widths, lengths, and line bearings, to which the proposed lots are subject. Easements for storm drains, surface drainage, sewer, building lines and other purposes shall be depicted by fine dashed lines;

• Location and delineation of all nearby and included section, quarter section, and sixteenth section lines;

• Location of all existing monuments with an appropriate explanation in the plat legend and all new monuments meeting the requirements of Chapter 7 of this Code;

• Location, name, width, length, bearings and curve data on centerlines of all proposed streets;

• Location and width of all adjoining rights-of-way;

• Location, purpose, width, length, bearings and curve data on centerlines of all proposed alleys and easements;

• Location and width of all proposed sidewalks;

• Location and dimensional data labels for the boundaries, widths, lengths, bearings and curves of all street right-of-ways, alleys, easements, parks, recreation areas, and other public facilities shown on the preliminary plan, as applicable, that are intended to be dedicated for public use and a statement of dedication thereof. A depiction of any future street right-of-way dedication or reservations thereof may be required as part of the approval by the City Council;

• Location of existing watercourses and direction of flow;

• Delineation of any one hundred (100)-year floodplain and any land located therein;

• Location, name, layout, and zoning of all adjoining subdivisions;

• A plan for managing the drainage of storm water, including necessary improvements to established watercourses, detention and retention facilities, canals, and ditches;

• Existing and approved sewer and water mains, including alignment and diameter;

• Location and detailed plans for constructing street lighting utilizing underground facilities;

• Location and identification of all existing and proposed underground and aboveground utilities, including, but not limited to, gas, telephone, electric, cable television, and fiber optic lines;

• Location and delineation of easements for postal service facilities;

• Location and delineation of areas for snow removal storage and for the siting of solid waste disposal containers, pursuant to the requirements of Chapters 5 and 6 of this Code; and

• Any other features required to be depicted by the Community Development Director.

• Accurate survey data to one one-hundredth of a foot;

• A statement that all expenses for the following shall be provided by the applicant, developer, or owner: utilities, street and alley improvements, sidewalk and other pedestrian improvements, regulatory and street name signs and signalization, sight screening and sound barriers, grading, landscaping, parking lot and street lighting, and drainage facilities.

• A statement or statements outlining the intent to dedicate and the maintenance responsibilities of all proposed common and/or public spaces, including, but not limited to, roads, alleys, sidewalks, parks, and open spaces.

3.6.5

Review and Referral Process

All final plat or replat applications under this Section 3.6 shall be processed pursuant to the following:

Application Submittal, Cursory Completeness Review, and Referral Procedures
All final plat applications shall be submitted to the Community Development Department for review pursuant to the requirements established by the Department at or following the pre-application meeting. If a pre-application conference is not required by the Community Development Director, the Department shall provide the applicant with a list of submittal requirements for making a formal final plat or replat application.

Technical Review and Resubmittal Procedures
The review and referral period for a final plat depends upon the complexity of the application and the workloads of the respective reviewers.

Upon resubmittal of the application and supporting documentation, the Community Development Department shall re-distribute the materials for review to all agencies having unresolved issues following the initial review. The re-review and re-referral period depends upon the complexity of the outstanding issues on the application, and supporting documentation, and the workloads of the respective reviewers. If the applicant is unable to resolve all outstanding technical issues associated with the application following review of the resubmittal, additional resubmittals and re-reviews may be required and shall generally follow the same resubmittal and review procedures identified above.

Determination of Technical Completeness and Scheduling for Hearing
The Community Development Department shall make a determination of technical completeness for a final plat application once the applicant has adequately addressed all outstanding issues and shall schedule the application for the next available Planning and Zoning Commission hearing.

3.6.6

Notice Requirements

Published and Mailed Notice Requirements for Hearings

Published Notice

ii.

Mailed Notice

3.6.7

Approval Criteria and Public Hearings

Approval Criteria
In approving a final plat or replat, the following shall be found:

The proposed final plat or replat is consistent with the City Master Plan, as amended;

ii.

The proposed final plat or replat is in compliance with the requirements of this Code;

iii.

The proposed final plat or replat is in compliance with the design and layout of the approved sketch plan, planned unit development, and preliminary plat, as applicable, including any conditions and/or modifications of the applicable sketch plan, planned unit development, and preliminary plat;

iv.

The proposed final plat or replat is in compliance with State law;

Planning and Zoning Commission Hearing
The Planning and Zoning Commission shall evaluate the final plat or replat application subject to the review criteria of this section and shall take one of the following actions:

Recommend to the City Council that the application be approved;

ii.

Recommend to the City Council that the application be approved with specific conditions or modifications;

iii.

Recommend to the City Council that the application be denied based upon failure to comply with the specific review criteria of this section;

iv.

City Council Hearing
The City Council shall, within sixty (60) days of the date of Planning and Zoning Commission recommendation, evaluate the final plat or replat application subject to the review criteria of this section and shall take one of the following actions:

Approval of the final plat or replat;

ii.

Approval of the final plat or replat with specific conditions or modifications;

iii.

Denial of the final plat or replat based upon failure to comply with the specific review criteria of this section;

iv.

3.6.8

Post Hearing Requirements

The resolution of approval or approval with conditions or modification of a final plat or replat by the City Council shall be recorded by the City in the records of the Converse County Clerk and Recorder's Office. All approved final plats or replats and associated agreements (e.g., subdivision improvement agreements and maintenance agreements) shall be recorded by the Community Development Department in the records of the Converse County Clerk and Recorder's Office. The applicant shall pay in full upon billing from the City the cost of filing fees and produce a minimum of one (1) twenty-four (24) inch by thirty-six (36) inch Mylar copy and an electronic copy of the subdivision plat or replat.

3.6.9

Amendments and Appeals

Major Final Plat Amendments
Any proposed amendment to an approved final plat that would result in any of the following shall be considered a major final plat amendment:

• A change to legal description of the land included within the final plat;

• An increase in the number of approved lots;

• A decrease in the amount of approved open space;

• A request to add or remove a plat note or restriction; or

• A change in the provision of public improvements or a material change to the design of such improvements, as determined by the Community Development Director.

The Community Development Director shall have the authority to determine whether a proposed major final plat amendment should be reviewed and approved administratively by the Community Development Director or whether such major final plat amendment should be elevated for review and recommendation by the Planning and Zoning Commission and final action by the City Council. Any final plat amendment elevated for review and recommendation by the Planning and Zoning Commission and final action by the City Council shall follow the hearing and notification requirements for a final plat in this Section 3.5. Examples of a major plat amendment include, but are not limited to, amendments to a vacation and re-plat of an approved final plat, which would also include amendments to add or remove a plat note or restriction. The requirements for a major plat amendment shall be as outlined in Section 3.7 below.

Minor Final Plat Amendments
Any proposed amendment to an approved final plat that would not result in a major final plat amendment, as outlined above, shall be considered a minor amendment. The Community Development Director shall have the authority to determine the appropriate application and review requirements for a minor final plat amendment. The Community Development Director shall also have the authority to determine whether a proposed minor final plat amendment should be reviewed and approved administratively by the Community Development Department or whether such minor final plat amendment should be elevated for review and recommendation by the Planning and Zoning Commission and final action by the City Council. Any final plat amendment elevated for review and recommendation by the Planning and Zoning Commission and final action by the City Council shall follow the hearing and notification requirements for a final plat.

Appeals
The City Council shall have final review and appeal authority of all final plat applications. Any interpretation made or administrative action taken by the City Administrator or Community Development Director may be appealed directly to the City Council for review and final action. All appeal requests shall be submitted in writing to the Community Development Director and shall be scheduled for the next available City Council hearing. The written request for an appeal of an administrative interpretation or decision shall include the following:

• A statement identifying the specific interpretation or decision made by the Community Development Director;

• A statement detailing the basis for appealing the interpretation or decision; and

• Language and/or supporting documentation that justifies approval of the appeal request.

There are no notification requirements for a City Council hearing to review and take final action on an appeal of an administrative interpretation or decision.

3.6.10

Scope, Limitations, and Expiration

A final plat or replat shall be limited in scope to the specific limitations and allowances of the plat as approved by the City Council, including the limitations and allowance of any conditions of approval or required modification. Any action by the land owner or developer that causes the approved final plat or replat to be in non-compliance with the scope and limitations of the approval, as established by the action of the City Council on the final plat or replat application, shall be subject to the enforcement provisions of Chapter 9 and all other legal remedies.

An approved final plat or replat shall automatically expire after sixty (60) calendar days from the date of City Council approval unless such plat is recorded in the records of the Converse County Clerk and Recorder's Office. It shall be the responsibility of the applicant to pay the applicable filing fees to the City Finance Department for the final plat or replat and associated agreement(s). Once the required filing fees have been paid, the Community Development Department shall be authorized to file the plat amendment in the records of the Converse County Clerk and Recorder's Office.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 990, § 15, 5-22-2017; Ord. No. 1000, § 4, 6-10-2019; Ord. No. 1011, §§ 11, 12, 12-13-2021)

3.7 - Major Final Plat Amendments

3.7.1

Intent and Applicability

Intent
These procedures are intended to create a formal process for making an application for approval of a major final plat amendment.

Applicability

A proposed amendment to an approved final plat that would result in any of the following shall be considered a major final plat amendment:

• A change to four (4) or more lots;

• A change to legal description of the land included within the final plat;

• An increase in the number of four (4) or more approved lots;

• A decrease in the amount of approved open space;

• A request to add or remove a plat note or restriction; or

• A change in the provision of public improvements or a material change to the design of such improvements, as determined by the Community Development Director.

Examples of a major plat amendment include, but are not limited to, a vacation and re-plat of an approved final plat, and amendments to add or remove a plat note or restriction.

ii.

These procedures for major amendments to an approved final plat shall not apply to amendments that would result in any of the following:

• A new street or alley;

• The dedication of any lands for public use;

• A vacation of streets, alleys, or easements;

• A significant increase in services (e.g., utilities, drainage, schools, traffic control, streets, etc.) or interference with the ability to maintain existing service levels, as determined by the Community Development Director.

• A deficiency in street right-of-way as required by City regulations, unless additional street right-of-way can be dedicated by separate instrument;

• A failure to satisfy all easement requirements;

• The creation of a lot, tract, or parcel that would not have direct access to a publicly maintained street;

• The creation of a lot, tract, or parcel that would not comply with the zoning requirements of this Code; or

• The creation of a lot that would be subject to periodic flooding which cannot be feasibly corrected, as determined by the City Engineer.

Requests to amend a final plat to accomplish any of the actions outlined in Section 3.7.1.B.ii above shall still be considered a plat amendment but shall be subject to the procedures for a final plat application under Section 3.6 of this Code.

3.7.2

Pre-Application Conference

A pre-application conference with the City Community Development Director or his/her designee is not required but is encouraged for a major final plat amendment application.

3.7.3

Application Submittal Requirements

A formal application for approval of a major final plat amendment shall include two (2) hard copies of the final plat amendment map and electronic copies delivered both in .pdf and .dwg formats, a completed subdivision application form, and payment of the appropriate application fee.

3.7.4

Major Final Plat Amendment Mapping Standards

All major final plat amendment drawings shall be drawn in black waterproof ink on Mylar of good quality and shall depict the proposed amendment of the subdivision based upon the requirements of this Section 3.7 and shall comply with the zoning requirements of Chapter 4 and the subdivision requirements of Chapter 7 of this Code. All of the following requirements may be combined onto a single sheet if approved by the Community Development Director.

General Requirements
Each sheet of a major final plat amendment shall comply with each of the following:

• The major final plat drawing shall be 24 inches in height by 36 inches in width and depicted as a scale of one inch equals 200 feet (1" = 200'), or at an alternative scale approved by the Community Development Director;

• Include a title, which shall state the proposed name of the subdivision or addition and the words "Final Plat Amendment";

• Include a legal description of the location of the addition or subdivision, including a description of the addition or subdivision as part of a larger subdivision or tract of land, and including basis of bearings and designation of any section, quarter section, and sixteenth section lines. If the amendment is proposed to replat the boundaries of existing platted lots, then the legal description should identify the "As Platted" property configuration(s) and the "As Re-Platted" property reconfiguration(s);

• Include a scale commensurate with the final plat drawing;

• Include the date of preparation; and

• Include a north arrow.

Cover Sheet Requirements
In addition to the General Requirements above, the cover sheet of a major final plat amendment shall also include each of the following details:

• Vicinity Map, which shall depict the location of the subject property in relation to the nearest major roadways and existing subdivisions;

• Owner's signature block;

• A certificate for the land surveyor of record;

• Certificates for City Council, Planning and Zoning Commission, City Engineer, and County Clerk and Recorder approval; and

• A key diagram, if more than three (3) sheets are used, showing the areas covered by each sheet of the major final plat amendment.

Mapping Sheet Requirements
In addition to the General Requirements above, the Community Development Director, at his or her discretion based upon the subject and context of the major final plat amendment, may require that any sheet that depicts or otherwise maps the major final plat amendment shall also include the following:

• A depiction of the following:

• If the amendment constitutes a replatting of existing platted lots, then the plat map shall depict the location and dimensional data labels for the boundaries, widths, lengths, bearings and curves of all existing lots and proposed reconfigured lots on two separate exhibits labeled "As Platted" and "As Re-Platted";

• A legal description of the "As Platted" property configuration(s) and a legal description of the "As Re-Platted" property reconfiguration(s).