Gardner City Zoning Code
CHAPTER 17
03 APPLICATIONS AND PROCEDURES
§ 17.03.010 GENERAL – ALL APPLICATIONS.
A.
Applications and Fees.
1.
Forms. Applications required under this Code shall be submitted to the Community Development Department. The Director is authorized to modify the application forms and submittal requirements as deemed necessary in the Director's discretion.
2.
Fees. Applications shall be accompanied by a nonrefundable fee established by the Governing Body. Any application that does not include the required fee shall be returned to the applicant as incomplete. Fees shall not be required with applications initiated by the staff, Planning Commission, or Governing Body.
3.
Eligible Applicants. Table 3-1 indicates applicants eligible for each particular application under this Code, which include the following:
a.
Owner. The record owner of property impacted by the application, or that owner's authorized agent. In the case of an application requiring a public hearing, and for the purposes of the right to appeal or protest, all those receiving mailed notice shall be considered owners impacted by the application.
b.
Planning Commission. The Planning Commission, acting on its own initiative according to its bylaws and rules of procedure.
c.
Governing Body. The Governing Body, acting on its own initiative according to its bylaws and rules of procedure.
Table 3-1: Procedures Summary | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Eligible Applicants | Pre-Application Meeting | Notice | Review Body | ||||||||
Owner | PC | GB | Posted | Published | Mailed | Staff | PC | GB | BZA | ||
Text Amendment | ▪ | ▪ | ☑ | R | R/PH | D | |||||
Subdivision - Administrative Plat | ▪ | ☑ | D | A | |||||||
Subdivision - Preliminary Plat | ▪ | ☑ | R | D | A | ||||||
Subdivision - Final Plat | ▪ | ☑ | R | D | A* | ||||||
Zoning Map Amendment | ▪ | ▪ | ▪ | ☑ | ☑ | ☑ | ☑ | R | R/PH | D | |
Planned Development - Preliminary Plan | ▪ | ▪ | ▪ | ☑ | ☑ | ☑ | ☑ | R | R/PH | D | |
Planned Development - Final Plan | ▪ | R | D | A | |||||||
Conditional Use Permit | ▪ | ☑ | ☑ | ☑ | ☑ | R | R/PH | D | |||
Site Plan and Design Review | ▪ | ☑ | ☑ | R | D | A | |||||
Administrative Site Plan | ▪ | ☑ | D | A | |||||||
Administrative Adjustments | ▪ | ☑ | D/R | A/D | |||||||
Variance | ▪ | ☑ | ☑ | ☑ | ☑ | R | D/PH | ||||
Appeal of Administrative Decision | ▪ | ▪ | ▪ | ☑ | ☑ | D/PH | |||||
☑ = required |
▪ = authorized |
PC = Planning Commission |
GB = Governing Body |
BZA = Board of Zoning Appeals |
R = Review and recommending authority |
D = Decision making authority |
PH = Public hearing required (distinguished from a public meeting generally open to the public) |
A = Appeal of decision |
A* = Appeal/Acceptance of public property |
B.
Application Processing Cycles. The Director shall establish a more specific processing cycle for each type of application, which includes:
1.
Dates of regular meetings of review bodies and decision makers that comply with all legal requirements for notice and public meeting deadlines;
2.
Deadlines for receipt of a complete application for consideration at a particular meeting;
3.
The scheduling of staff reviews, agency reviews, and staff reports on complete applications; and
4.
The steps and benchmarks in the application process (including required notice requirements, public meetings, public hearings, decision meetings and review by other bodies).
C.
Pre-Application Meeting. Pre-application meetings may be requested for any application and shall be required as indicated in Table 3-1. Where required, the applicant shall confer with the Director and other City officials designated by the Director. The purpose of the pre-application meeting is to discuss the general nature of the proposal, including:
1.
Classification of the application.
2.
Procedure and submittal requirements for the application.
3.
Criteria for processing and decisions on the application.
4.
Notification requirements, timing and other procedural prerequisites, or whether any special community outreach may be important.
5.
Planning and infrastructure impacts, including the need for any additional technical studies or outside agency coordination and review.
6.
The relationship to the Comprehensive Plan, and whether any specific plans, policies or other design, development or economic development initiatives impact the application.
7.
Zoning requirements for the property in question and adjacent property.
8.
Opportunities to improve any preliminary design concepts and better relate project benefits or mitigate impacts to other public or private investments in the area.
A required pre-application meeting may be waived at the Director's discretion and upon the applicant’s request for any application that is routine in nature and where the above topics can be addressed by general correspondence.
D.
Staff Review. Upon receipt of an application, the Director shall take the following steps:
1.
Determine if the application is complete within seven days of filing. If the Director determines that it is incomplete, the Director shall notify the applicant of the specific ways in which the application is deficient and no further processing of the application shall occur until the deficiencies are corrected. If the application is not completed within 30 days of the notice, the incomplete application is deemed rejected.
2.
Schedule complete applications for further review according to these regulations.
a.
Applications that require a public hearing shall be scheduled for initial review within 60 days of a determination of a complete application.
b.
Applications that do not require a hearing but an official public meeting shall be scheduled for review within 30 days of a determination of a complete application or the recommendation from another required review body.
In the event that the next regular meeting of the review body is beyond these time periods, or the required notice cannot be given within these time periods, the application shall be scheduled for the closest available meeting.
3.
Prepare a staff report that reviews the application in light of the appropriate policies, plans and regulations. The Director shall provide a copy of the report to the review body and the applicant before the scheduled meeting.
4.
Notwithstanding the above, applications for communication facilities shall follow the process contained in and be subject to the provisions, definitions and requirements of Chapter 17.11 GMC.
E.
Notice. Notice shall be provided for each application as indicated in Table 3-1, which shall provide the time, place and general nature and location of the application. Required notice shall be based on the following requirements:
1.
Published. Where published notice is required, at least 20 days prior to the public review notice shall be published in the official City newspaper.
2.
Posted. Where posted notice is required, the applicant shall post notice on property that is the subject of the application at least 20 days before the scheduled review. The City will furnish the sign(s) for posting, which shall be placed within five feet of the right-of-way on a central portion of the site, or in any other manner so that it is visible without obstructions from public rights-of-way adjacent to the subject property. The City may determine the number of signs needed and the general location of the posting based on a site plan provided by the applicant, and property over five acres shall have at least one sign on each street abutting the property. The applicant shall provide proof to the Secretary of the Planning Commission at the time of the review verifying that posted notice has been maintained in accordance with these requirements.
3.
Mailed. Where mailed notice is required, notice shall be mailed to all owners of record within 200 feet, excluding existing rights-of-way, of the boundaries of the property that is the subject of the application at least 20 days prior to the public review. If the property is located adjacent to unincorporated property, then the notice shall extend to all unincorporated land within 1,000 feet of the subject property. Notice shall be sent by first class mail, and in cases where a protest petition may be submitted, the notice shall contain a statement explaining the property owners' opportunity to file a protest petition with the City Clerk within 14 days after the conclusion of the public hearing. Notice shall be sent to the owners, as provided by the applicable department of Johnson County, and not to merely the occupants. When mailed notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action.
4.
Constructive Notice. Minor technical deviations from stated notice requirements shall not be deemed to impair notice where there is actual notice of the time, date and place of the public hearing.
F.
Public Hearings. Where a public hearing is required by Table 3-1, the following procedures apply:
1.
The hearing shall be conducted and a record of the proceedings shall be preserved, as the specific review body may prescribe by rule.
2.
Any interested person or party may appear and be heard in person, by agent, or by attorney.
3.
The review body may request a report on the application from any government official or agency, or any other person, firm or corporation with information pertinent to the application. A copy of any requested report shall be made available to the applicant and interested parties, and shall be available for review in the office of the Community Development Department at least three business days before the date of the hearing.
4.
A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter; provided, that the continuance is set for a specific date, time and location announced at the original public hearing.
5.
To make a recommendation or a decision at a public hearing, the majority of the entire membership of the review body shall approve the motion.
G.
Action by Review Bodies. Review bodies shall take the actions indicated in Table 3-1. A review body may take any action on the application consistent with notice given or criteria in this chapter, regardless of the presence of the applicant, including the following (or recommend the following when the review body is a recommending body):
1.
Approve the application.
2.
Approve the application with conditions or modifications to lessen or mitigate a potential impact from the proposed application.
3.
Deny the application.
4.
Continue the application to allow further analysis. The continued application shall not be more than 60 days from the original review without consent of the applicant. No application shall be continued more than once by each review body without consent of the applicant.
5.
Notwithstanding the above, actions by review bodies on applications for communication facilities shall follow the process and applicable time frames contained in Chapter 17.11 GMC.
H.
Appeals. Where a review body is designated as the appellate body in Table 3-1, the following appeal procedures apply:
1.
Appeals shall be filed with the Director within seven days of the decision by the decision-making review body; provided, that this section shall not apply to any person who avails themselves of the appeal provisions set forth under K.S.A. 66-2019(h)(6).
2.
The following persons and entities shall have standing to appeal the action of the review body: the applicant; the Director, on behalf of any public official, department or agency; any owner of land directly impacted by the action or proposed action; and any person given the right of appeal by law.
3.
The review body designated as the appellate body shall consider the application as a new matter, and within 60 days of the date that the appeal was filed may take any action authorized by the decision-making review body. The procedure and required notice shall be the same as required of the original application.
I.
Technical Studies. The Director, on behalf of any public official, department, or agency, the Planning Commission or the Governing Body may require applicants for development or permit approval to submit technical studies as may be necessary to evaluate the application. Technical review by outside entities with expertise or jurisdiction over some aspects of the application may be required in place of, in addition to, or in association with any studies. Examples of technical studies that may be required include traffic studies, engineering studies, geologic or hydrologic studies, environmental impact assessments, noise studies, market studies or economic impacts. The persons or firms preparing the studies shall be subject to the approval of the Director. The costs of all studies shall be borne by the applicant. Any application that is determined to require technical studies or review from entities outside of the City may require special schedules based on the reasonable time frames to conduct those studies or additional reviews. Technical studies reasonably required for applications for communication facilities for wireless services shall be subject to the applicable provisions of state and federal law and regulations, and shall be processed within the applicable time frames and tolling provisions set forth in GMC § 17.11.040.
J.
Successive Applications. In the event that the review body takes final action to deny an application, the same or a similar application shall not be refiled for one year from the advertised review date. The Director, upon petition by the applicant, may permit a refiling of the application no sooner than 180 days after the scheduled review date when it is determined that significant physical, economic or land use changes have taken place within the immediate vicinity or a significant Code text amendment has been adopted. There shall be no time limitation on a substantially different application.
(Ord. 2518 § 2 (LDC § 3.01); Ord. 2533 § 1; Ord. 2546 § 1; Ord. 2673 §§ 13, 14)
§ 17.03.020 PLATTING.
A.
Applicability. Plat applications are required to establish or alter the legal boundaries of property, and to account for public facilities, infrastructure, development patterns, public realm design or other long-range growth and development considerations prior to potential fracturing of ownership. Plat applications may be initiated by the owners or agents of any property affected. In addition to the general requirements in Table 3-1 and GMC § 17.03.010 the requirements in this section are specific to plat applications. Specifically plats shall apply to:
1.
Any division of land where any resulting parcel is less than five acres;
2.
Any adjustment of previously platted lots that alter the legal boundaries or potential ownership patterns, other than those by operation of law, acquisition by a public entity, or by court order; and
3.
Any development on previously unplatted property where access or connections to public infrastructure or public streets will be required.
B.
Types of Plats and Applications. Plat applications are classified and processed as one of three types:
1.
Administrative plats are routine applications such as lot line adjustments, lot splits, lot combinations or small land divisions that do not alter development patterns or impact public services.
2.
Preliminary plats are larger divisions of land that enable new ownership and development patterns; or which impact public facilities or land, and are proposed in a preliminary or conceptual format to prepare for detailed engineering and design of facilities.
3.
Final plats are a refined version of the preliminary plat that presents proposed ownership and development patterns, as well as the specific location of public facilities and public property based on detailed designs.
C.
Administrative Plat. Administrative plats shall be processed according to the following criteria and procedures:
1.
Review Criteria. An application may be classified as an administrative plat if the Director determines that all of the following are met:
a.
No new street or alley right-of-way, or other public dedication is needed.
b.
No significant increase in service requirements (utilities, schools, traffic control, streets, etc.), or impact on the ability to maintain existing service levels will result.
c.
The application affects the boundaries of only four or fewer existing lots, or results in five or fewer new lots from a previously unplatted parcel, or is finalizing the legal boundaries of a previously approved preliminary and final plat which could only be based on a legal survey after construction of improvements.
d.
All lots meet the legal standards of the subdivision regulations and applicable zoning districts.
e.
The lot patterns are consistent with the surrounding area. In determining consistency, the size and dimension of lots previously developed, the layout and design of existing subdivisions and rights-of-way, and the degree of deviation from previous development shall be considered.
f.
No other significant issues exist with potential development enabled by the plat that could impact planning policies, development regulations or adjacent property owners.
Any application not classified as an administrative plat shall be processed as a major subdivision with a preliminary and final plat.
2.
Review and Approval. Upon review by the Director and any affected departments or agencies, and within 60 days of filing, the Director shall approve any administrative plats that meet all requirements of these regulations, deny the application, or recommend further processing as a major subdivision.
3.
Effect of Decision. Approval of an administrative plat requires the applicant to record the plat with the Johnson County Records and Tax Administration.
4.
Limitations on Successive Applications. Platted lots are eligible only one time for approval of a consolidation or division through the administrative plat process and any further division or consolidations of the originally platted lots or newly created lots shall be processed through the preliminary and final plat process.
D.
Preliminary Plat. A preliminary plat shall be processed according to the following criteria and specific procedures in addition to those identified in Table 3-1 and applicable in GMC § 17.03.010:
1.
Review Criteria. A preliminary plat shall be reviewed according to the following criteria:
a.
The application is in accordance with the Comprehensive Plan and in particular the physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments that reflect the principles and concepts of the plan.
b.
Compliance with the requirements of this Land Development Code, and in particular the blocks and lots proposed are capable of meeting all development and site design standards under the existing or proposed zoning.
c.
Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development, including coordination with existing and potential development on adjacent property.
d.
Any impacts identified by specific studies or technical reports, including a preliminary review of stormwater, are mitigated with generally accepted and sound planning, engineering, and urban design solutions that reflect long-term solutions and sound fiscal investments.
e.
The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.
f.
The design does not impede the construction of anticipated or planned future public infrastructure within the area.
g.
The recommendations of professional staff, or any other public entity asked to officially review the plat.
2.
Effect of Decision. The approval of the preliminary plat does not constitute an acceptance of the subdivision, but authorizes preparation of the final plat. If the Planning Commission tables a plat, the applicant shall have 60 days to submit information sufficient for approval or the application shall be deemed denied. The applicant may request that a denied preliminary plat be submitted to the Governing Body and the Planning Commission shall submit all information to the Governing Body, which can make a determination consistent with these regulations.
3.
Term of Expiration. The approval of the preliminary plat shall be effective for 18 months, except that any approval of a final plat for any phase specifically indicated on a preliminary plat shall renew the 18-month period. The Planning Commission may grant an extension of this period for up to one year, if the applicant demonstrates substantial progress towards the design and engineering requirements necessary to submit a final plat.
E.
Final Plat. After approval of the preliminary plat, the applicant may submit a final plat for all or portions of the preliminary plat area. A final plat shall be processed according to the following criteria and specific procedures in addition to those identified in Table 3-1 and applicable in GMC § 17.03.010:
1.
Review Criteria. A final plat shall be reviewed according to the following criteria:
a.
The layout and design of the final plat is in substantial compliance with the approved preliminary plat considering the number of lots or parcels; the block layout, street designs and access; the open space systems and civic design elements; the infrastructure systems; or other elements of coordinated developments.
b.
The construction plans for any utilities, infrastructure or public facilities shall have been found to meet all technical specifications, or final plat approval shall be conditioned on such plans meeting all technical specifications, before the recording of the final plat.
c.
The phasing and timing of public improvements ensures construction and performance guarantees.
d.
Any deviations in the final plat from the preliminary plat brings the application in further compliance with the Comprehensive Plan and the purposes and intent of this Code.
e.
The recommendations of professional staff, or any other public entity asked to officially review the plat.
2.
Planning Commission Review. If the Planning Commission approves or conditionally approves the final plat, the plat shall be forwarded to the Governing Body with a recommendation that they accept dedication of land for public purposes such as easements, rights-of-way and public facilities.
3.
Dedication of Land. The Governing Body shall accept or reject the dedication of land for public purposes within 30 days after the first meeting of the Governing Body following submission of the recommendation of the Planning Commission. The Governing Body may defer action for an additional 30 days for allowing modifications to comply with the requirements established by the Governing Body. If the Governing Body defers or rejects such dedication, it shall advise the applicant and Planning Commission of the reasons and specify the nature of the noncompliance.
4.
Effect of Decision. The approval of the final plat; acceptance of the dedication of land for public purposes; finding that the construction plans for any utilities, infrastructure or public facilities meet all City technical specifications; and payment of the excise tax if applicable, authorizes the filing of the plat with the Johnson County Records and Tax Administration. Any approval with conditions or exceptions to the rules shall be clearly stated on the plat. Any plat not recorded within two years from the date of acceptance of land by the Governing Body shall be null and void. Upon approval of the final plat, dedications, and construction plans and recording of the plat, the applicant may proceed with the construction of required improvements. No building permit shall be authorized until the completion, inspection and acceptance of all required improvements.
(Ord. 2518 § 2 (LDC § 3.02); Ord. 2546 § 1)
§ 17.03.030 ZONING MAP AMENDMENT.
A.
Applicability. The zoning map amendment process provides review of changes to the boundary of zoning districts (rezoning) that may be necessary to account for changed conditions in the general area or a change in public policies with respect to future development. Zoning map amendments for specific property may be initiated by the Governing Body, the Planning Commission, or the owners or authorized agents of any property affected. In addition to the general requirements in Table 3-1 and GMC § 17.03.010, the following requirements are specific to zoning map amendment applications.
B.
Review Criteria. A zoning map amendment shall be reviewed according to the following criteria:
1.
The character of the neighborhood, including the design of streets, civic spaces and other open spaces; the scale, pattern and design of buildings; and the operation and uses of land and buildings;
2.
The zoning and use of properties nearby, and the compatibility with potential uses in the proposed district with these zoning districts;
3.
The suitability of the subject property for the uses to which it has been restricted;
4.
The extent to which removal of the restrictions will detrimentally affect nearby property;
5.
The length of time the subject property has remained vacant as zoned;
6.
The relative gain to economic development, public health, safety and welfare by the current restrictions on the applicant’s property as compared to the hardship imposed by such restrictions upon the property;
7.
The recommendations of professional staff;
8.
The conformance of the requested change to the Comprehensive Plan, and in particular the relationship of the intent statement for the proposed district and how the specific application furthers that intent statement in relation to the Comprehensive Plan;
9.
The extent to which the proposed use would adversely affect the capacity or safety of any utilities, infrastructure or public services serving the vicinity; and
10.
Other factors relevant to a particular proposed amendment or other factors which support other adopted policies of the City.
C.
Protest by Petition. If a written protest against a proposed zoning change is filed in the office of the City Clerk within 14 days of the date of the conclusion of the Planning Commission public hearing, signed by the owners of record of 20 percent or more of any real property proposed to be rezoned, or by the owners of record of 20 percent or more of the total area required to be notified by this Code of the proposed rezoning of a specific property, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a three-quarters vote of all of the members of the Governing Body.
D.
Governing Body Review. The Governing Body shall not consider a request prior to the lapse of the 14-day protest period. When the Planning Commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the Governing Body may:
1.
Adopt such recommendation by ordinance,
2.
Override the Planning Commission’s recommendation by at least a two-thirds vote of the membership of the Governing Body, or
3.
Return such recommendation to the Planning Commission with a statement specifying the basis for the Governing Body’s failure to approve or disapprove. If the Governing Body returns the Planning Commission’s recommendation, the Planning Commission after considering the same may resubmit its original recommendation giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendation, the Governing Body by a simple majority may adopt or may revise or amend and adopt such recommendation by ordinance or it need take no further action thereon. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission’s next regular meeting after receipt of the Governing Body’s report, the Governing Body shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly.
E.
Effect of Decision. Amendments to the official zoning map (rezoning) shall be approved by the Governing Body in the form of an ordinance. Approved changes shall be indicated on the official zoning map by the Director within 30 days following such action.
(Ord. 2518 § 2 (LDC § 3.03))
§ 17.03.040 PLANNED DEVELOPMENT.
A.
Applicability. The planned development process is intended for development concepts that require a higher degree of specific planning based on the complexity of the project, the relationship of the site to the context, and the ability to meet or exceed the purpose, intent and objectives of this Code through more flexible application of the standards. A planned development application is a type of zoning map amendment, and must meet all of the procedures and requirements of that process, but it also accommodates specific master development plan. The planned development process involves at least two steps - the preliminary development plan, and the final development plan. In many cases land will need to be subdivided in order to carry out a development plan. The subdivision process is a separate process and may run concurrently with or following the planned development process. Planned development applications may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in Table 3-1 and GMC § 17.03.010, the following requirements are specific to planned development applications. A planned development application shall include a minimum of five acres, or at the Director's discretion it may include less if the plan affects property at the scale of a block depending on the specific context. Additions to previously approved planned districts may be considered an amendment to that plan and do not require a minimum size.
B.
Preliminary Development Plan. A preliminary development plan is a generalized development plan for the entire area proposed to be included within a planned development. The purpose of a preliminary development plan is to allow preliminary review of a proposed planned development before substantial technical work has been undertaken. A preliminary development plan shall generally include:
1.
Public Realm Plan. A plan outlining the general location, design characteristics, and functions of all proposed streets, stormwater management, open spaces, civic spaces, and circulation networks - whether public, common or private - that will create the public realm for the plan.
2.
Development Plan. A plan indicating the specific land uses and their density/intensity, block and lot patterns, building types and scale, design characteristics, and other building and site design elements that reflect the proposed character of the plan. This plan shall have a particular emphasis on how these elements relate to the public realm plan and where transitions between these elements occur at a parcel or block scale, both within the development and in coordination with abutting property. The development plan shall specifically identify where development standards may differ from those otherwise applicable through the base zoning districts and general development requirements of this Code.
3.
Existing Conditions. Analysis identifying the general layout of any existing structures, streets or infrastructure and the location of natural features such as watercourses, steep grades, significant stands of trees, specimen trees or other features.
4.
Phasing or Implementation. A strategy indicating the estimated timing of development, and any other administrative details of implementing the plan through future final site plans.
5.
Illustrative Plan. The concept plan may include an illustrative plan that includes renderings, elevations or plans of buildings, streetscapes, and public spaces or other urban design and architectural details demonstrating how the plan will be executed according to the applicable development standards.
C.
Preliminary Development Plan Review Criteria. A preliminary development plan shall be reviewed according to the following criteria:
1.
The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable base zoning district standards, based on the goals of the Comprehensive Plan, and based upon generally accepted planning and design practice.
2.
The benefits from any flexibility in the standards proposed in the plan promote the general public health, safety and welfare of the community, and in particular of the areas immediately near or within the proposed project, and are not strictly to benefit the applicant.
3.
The benefits from any flexibility in the standards proposed in the plan allow the project to better meet or exceed the intent statements of the base zoning district(s) and the standards proposed to be modified when applied to the specific project or site.
4.
The plan reflects generally accepted and sound planning and urban design principles with respect to applying the Comprehensive Plan and any specific plans to the area.
5.
The plan meets all of the review criteria for a zoning map amendment.
D.
Effect of Preliminary Development Plan Approval. Approval of a preliminary development plan shall constitute acceptance of the overall planning concepts and development parameters. In reviewing and approving a preliminary development plan, the Planning Commission may recommend or the Governing Body may require conditions that must be met before an applicant submits a final development plan. An approved preliminary development plan shall lapse and be of no further force and effect if a final development plan (or a final development plan for a designated phase of the preliminary development plan) has not been approved within two years of the date of approval of the preliminary development plan.
E.
Designation on Official Zoning Map. Sites governed by an approved preliminary development plan shall be designated on the official zoning map with the letters base zoning district plus “P” (planned) and a case file locator number for the final plan(s), once the final plan(s) is approved. (For example, where a portion of the development plan uses the R-2 and the C-2 base zoning districts for the preliminary development plan, the future zoning of each area shall be RP-2 and CP-2 respectively.)
F.
Final Development Plan. A final development plan is a detailed plan for implementing the preliminary development plan including technical information on building, site, open/civic space, and infrastructure development. A final development plan may include the entire area covered in the preliminary development plan or it may include one or more phases of the approved preliminary development plan. The plan shall include all necessary information to demonstrate that all applicable standards, requirements, and conditions of the preliminary development plan have been met.
G.
Final Development Plan Review Criteria. A final development plan shall be reviewed according to the criteria for site plan and design review in GMC § 17.03.060, with the additional criteria that the final development plan is in substantial compliance with the approved preliminary development plan.
H.
Effect of Final Development Plan Approval. Approval of a final development plan shall be the same for that of site plan and design review in GMC § 17.03.060.
(Ord. 2518 § 2 (LDC § 3.04))
§ 17.03.050 CONDITIONAL USE PERMIT.
A.
Applicability. A conditional use permit provides flexibility for different uses within a zoning district and allows the potential for additional uses under certain conditions. Due to the varying design and operational characteristics of the use or due to conditions in the area where the use is proposed, these uses are not generally appropriate in that district, but may be considered through a case-specific review to determine the compatibility in a specific context and location.
Conditional use permits may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in Table 3-1 and GMC § 17.03.010, the following requirements are specific to conditional use applications.
B.
Review Criteria. A conditional use permit shall be reviewed according to the following criteria:
1.
The application furthers the intent of the proposed zoning district and does not conflict with the intent of any abutting districts.
2.
Compliance of any proposed development with the requirements of this Code.
3.
Whether any additional site-specific conditions are necessary to meet the purposes and intent of this Code and the intent or design objectives of any applicable subsections of this Code.
4.
The impact on the public realm, including the design and functions of streetscapes and relationships of building and site elements to the streetscape.
5.
The adequacy of drainage, utilities and other public facilities.
6.
Compatibility with the character of the area in terms of building scale, building form, landscape and site design.
7.
Compatibility with the area in terms of operating characteristics such as hours of operation, visible and audible impacts, traffic patterns, intensity of use as proposed or foreseeable, and other potential impacts on adjacent property.
8.
The application will not prevent development and use of the neighboring property in accordance with the applicable development regulations.
9.
The long range plans applicable to the site and surrounding area are not negatively impacted considering the permanence of the proposed use, the permanence of existing uses in the area, and any changes in character occurring in the area.
10.
The recommendations of professional staff.
C.
Effect of Decision. Approval of a conditional use permit by the Governing Body shall authorize the applicant to apply for a building permit and other applicable permits, and establish the conditional use. Approval shall be valid for a period of time determined through the review process and the Governing Body; provided, that approvals for communication facilities for wireless services shall be for a term of not less than 10 years. Any application not acted upon according to the approval and conditions within one year of approval shall be void; although the Governing Body may grant a one-time one year extension if justified. Any amendment to a conditional use permit shall require the same process as the original approval.
(Ord. 2518 § 2 (LDC § 3.05); Ord. 2546 § 1; Ord. 2695 §§ 7, 8)
§ 17.03.060 SITE PLAN AND DESIGN REVIEW.
A.
Applicability. The site plan and design review process is a way to coordinate development projects within the public realm and with adjacent sites, and specifically to demonstrate how new projects meet the development and design standards of this Code for compatible arrangement of buildings, pedestrian and vehicle access, lighting and landscaping. Site plans may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in Table 3-1 and GMC § 17.03.010, the following requirements are specific to site plan and design review applications. The site plan and design review process specifically applies to:
1.
Any new building, except detached houses and duplexes.
2.
Any expansion to an existing building footprint by more than 15 percent, except detached houses and duplexes.
3.
Any site development activity which expands the impervious surface by more than 25 percent of existing impervious surface on the lot.
4.
Any changes to the site access and circulation which present a significant change impacting the design of the public realm or traffic conditions near the site.
5.
Communications facilities for wireless services:
a.
The modification of an existing tower or base station that incurs a substantial change as described in GMC § 17.11.020.
b.
Any other application for placement, installation or construction of transmission equipment that does not constitute an eligible facilities request as described in GMC § 17.11.020.
B.
Review Criteria. A site plan and design review shall be reviewed according to the following criteria:
1.
In general, any site plan in compliance with all requirements of this Code shall be approved.
2.
In making a determination of compliance, or for site plans accompanying any discretionary review or administrative relief, the review body shall consider whether:
a.
The site is capable of accommodating the buildings, proposed use, access and other site design elements required by the Code and will not negatively impact the function and design of rights-of-way or adjacent property.
b.
The design and arrangement of buildings and open spaces is consistent with good planning, landscape design and site engineering principles and practices.
c.
The architecture and building design uses quality materials and the style is appropriate for the context considering the proportion, massing, and scale of different elements of the building.
d.
The overall design is compatible to the context considering the location and relationships of other buildings, open spaces, natural features or site design elements.
e.
Whether any additional site-specific conditions are necessary to meet the intent and design objectives of any of the applicable development standards.
3.
The application meets the criteria for all other reviews needed to build the project as proposed.
4.
The recommendations of professional staff.
C.
Effect of Decision. Approval of a site plan and design review shall authorize the applicant to apply for a building permit and other applicable permits. The Director may approve minor amendments to approved site plans and design reviews without the refiling of a new application, but in no event shall the Director approve any change that does not qualify for an administrative site plan, or any change that is different from any condition of approval of the site plan and design review.
D.
Lapse of Approval. An approved site plan and design review shall expire and be of no further effect if an application for a building permit for one or more buildings shown on the site plan is not filed within two years of the approval. The Planning Commission may grant an extension for up to one additional year.
Any other element of the plan not submitted for permits within two years shall expire, unless the application proposes a different schedule that is approved.
(Ord. 2518 § 2 (LDC § 3.06); Ord. 2546 § 1)
§ 17.03.070 ADMINISTRATIVE SITE PLAN.
A.
Applicability. The administrative site plan process is a way to ensure that routine development projects meet the development and design standards of this Code, and all other standards applicable to the property. Administrative site plans may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in Table 3-1 and GMC § 17.03.010, the following requirements are specific to administrative site plan applications. The administrative site plan process does not apply to detached houses or duplexes, but applies to all other buildings and sites subject to the following:
1.
Structural alterations to an existing building that do not change the footprint.
2.
Any expansion to an existing building footprint by 15 percent or less.
3.
Any change or intensification of use which alters access and parking requirements of this Code.
4.
Any site development activity which expands the existing impervious surface 25 percent or less.
5.
Minor changes to the site access and circulation which do not present a significant change impacting the design of the public realm or traffic conditions near the site.
6.
Significant exterior design alterations to an existing building that do not change the footprint. This excludes ordinary maintenance, but may include things such as refacing or changing exterior materials, altering the composition of the facade by changing patterns of windows and doors, changing architectural details and ornamentation.
7.
Communications facilities for wireless services:
a.
The modification of an existing tower or base station that does not incur a substantial change or that otherwise qualifies as an eligible facilities request as described in GMC § 17.11.020.
b.
New antenna (including small cell/DAS facilities) on an existing tower, base station, utility pole, or street light; or replacement of a tower, utility pole or street light that does not constitute a substantial change; provided, that a new tower or utility pole for small cell/DAS facilities in the public rights-of-way is subject to the issuance of a right-of-way permit pursuant to Chapter 12.05 GMC.
The Director may determine that any application meeting these eligibility criteria still presents significant change or potential impacts on the area, or presents substantial interpretation questions on the application of development standards, and is not eligible for the administrative site plan process. These applications must be reviewed through the full site plan and design review process; provided, that communication facilities for wireless services shall be subject to the provisions, definitions, and requirements of Chapter 17.11 GMC for administrative site plan review.
B.
Review Criteria. An administrative site plan shall be reviewed according to the following criteria:
1.
In general, any site plan in compliance with all requirements of this Code shall be approved.
2.
In making a determination of compliance, or for site plans accompanying any discretionary review or administrative relief, the review body shall consider whether:
a.
The site is capable of accommodating the buildings, proposed use, access and other site design elements required by this Code and will not negatively impact the function and design of rights-of-way or adjacent property.
b.
The design and arrangement of buildings and open spaces is consistent with good planning, landscape design and site engineering principles and practices.
c.
The architecture and building design uses quality materials and the style is appropriate for the context considering the proportion, massing, and scale of different elements of the building.
d.
The overall design is compatible to the context considering the location and relationships of other buildings, open spaces, natural features or site design elements.
e.
Whether any additional site-specific conditions are necessary to meet the intent and design objectives of any of the applicable development standards.
3.
The application meets the criteria for all other reviews needed to build the project as proposed.
C.
Effect of Decision. Approval of an administrative site plan shall authorize the applicant to apply for a building permit, and other applicable permits.
D.
Lapse of Approval. An approved administrative site plan shall expire and be of no further effect if an application for a building permit for one or more buildings shown on the site plan is not filed within two years of the approval. The Director may grant an extension for up to one additional year. Any other element of the plan not submitted for permits within two years shall expire, unless the application proposes a different schedule that is approved.
(Ord. 2518 § 2 (LDC § 3.07); Ord. 2546 § 1)
§ 17.03.080 ADMINISTRATIVE ADJUSTMENTS.
A.
Applicability. The administrative adjustment process is intended to provide flexibility for application of specific standards to sites where it is clear that an alternative approach with minor or de minimis modifications of the standards will equally or better meet the purpose, intent or design objectives of these regulations. Specifically it applies to:
1.
Altering a building standard, such as setback, area or height.
2.
Reducing a site design standard, such as a landscape requirement, parking quantity or location, open space requirement or dimension.
3.
Deviating from any building design standard, where an alternative “equal or better” standard is proposed by the applicant.
4.
In any of these cases the adjustment cannot create conflicts with any other applicable standard.
B.
Specific Procedures and Allowances. Applications for administrative adjustments shall follow the same procedures required for a site plan and design review or administrative site plan, whichever is applicable. In administrative site plan cases where the Director is the decision authority, administrative adjustments may be granted by the Director. In the case of site plan and design review where the Planning Commission is the decision authority, administrative adjustments may be granted only by the Planning Commission.
1.
Administrative Site Plan cases:
a.
Altering a building standard, such as setback, area or height by up to 10 percent of the stated percent (e.g., the stated percent is 30 percent then the adjustment allowed is up to three percentage points) or numeric (e.g., the stated number is 30 then the adjustment allowed is up to three) standard respectively.
b.
Reducing a site design standard, such as a landscape requirement, parking quantity or location, open space requirement or dimension by up to 10 percent of the stated percent (e.g., the stated percent is 30 percent then the adjustment allowed is up to three percentage points) or numeric (e.g., the stated number is 30 then the adjustment allowed is up to three) standard respectively.
c.
Deviating from any building design standard, where an alternative “equal or better” standard is proposed by the applicant.
2.
Site Plan and Design Review cases:
a.
Altering a building standard, such as setback, area or height by up to 20 percent of the stated percent (e.g., the stated percent is 30 percent then the adjustment allowed is up to six percentage points) or numeric (e.g., the stated number is 30 then the adjustment allowed is up to six) standard respectively.
b.
Reducing a site design standard, such as a landscape requirement, parking quantity or location, open space requirement or dimension by up to 20 percent of the stated percent (e.g., the stated percent is 30 percent then the adjustment allowed is up to six percentage points) or numeric (e.g., the stated number is 30 then the adjustment allowed is up to six) standard respectively.
c.
Deviating from any building design standard, where an alternative “equal or better” standard is proposed by the applicant.
C.
Review Criteria. In considering an administrative adjustment, the Director and Planning Commission shall find that the following criteria are met.
1.
The relief requested is compatible with the surrounding area in terms of building scale, building form, and landscape and site design.
2.
The relief requested supports the intent and applicability of the zoning district.
3.
The relief requested is based upon sound planning and urban design principles that are consistent with the intent and objectives behind the applicable standard.
4.
Compliance with the standard is not practical due to some factors specific to the site or context.
5.
The relief requested is not strictly for the convenience of the applicant or a specific tenant, and is the minimum necessary to result in the best design for the site.
6.
The relief requested produces no perceived impact on the adjacent property or public realm, than would otherwise occur if the standard were met.
7.
The relief requested may be limited to specific conditions, or proposed alternatives that equally or better meet the intent of the applicable standard.
8.
In the case of any specific standard where exceptions or alternative compliance is identified in this Code, the relief shall be limited only to the extent identified with that standard.
(Ord. 2518 § 2 (LDC § 3.08); Ord. 2695 §§ 9, 10)
§ 17.03.090 VARIANCES.
A.
Applicability. Variances are a process to provide relief from a strict interpretation of the standards of this Code, which when applied to a particular property and in a specific context would create an unnecessary hardship or practical difficulties on all reasonable use of the property. Variances may be initiated by the owners or authorized agents of any property affected. In addition to the general requirements in Table 3-1 and GMC § 17.03.010, the following requirements are specific to variance applications.
B.
Review Criteria. A variance shall be reviewed and approved only on the finding that all of the following conditions are met:
1.
The requested variance arises from conditions which are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;
2.
The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
3.
The strict application of the provisions of the zoning regulations for which the variance is requested will constitute unnecessary hardship or practical difficulties upon the property owner represented in the application;
4.
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and
5.
Granting the variance would not be opposed to the general spirit and intent of this Code.
C.
Effect of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. Any person, official or governmental agency dissatisfied with any order or determination of the Board may bring an action in the District Court of Johnson County, Kansas, within 30 days of the final decision.
(Ord. 2518 § 2 (LDC § 3.09))
§ 17.03.100 APPEAL OF ADMINISTRATIVE DECISIONS.
A.
Applicability. The appeal of administrative decisions is a process to determine if there was an error in any final decision in the interpretation, administration or enforcement of this Code by an administrative official of the City. Appeals of administrative decisions may be filed by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the officer administering the zoning ordinance. Appeals of administrative decisions shall be filed within 30 days of the date of the decision being appealed; provided, that this section shall not apply to any person who avails themselves of the appeal provisions set forth under K.S.A. 66-2019(h)(6).
B.
Effect of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Zoning Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to, or poses irreparable harm to, life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record.
C.
Notice. Notice of the appeal shall be served upon the person whose decision is being appealed by providing a copy of the appeal. The administrative official whose decision is being appealed shall transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken within 30 days of receipt of such filing of the appeal.
D.
Action and Review Criteria. The Board of Zoning Appeals shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. An appeal shall be sustained only upon written findings that the official was in error. In exercising the appeal power, the Board shall have all the powers of the official from whom the appeal is taken, and the Board may reverse or affirm wholly or partly or may modify the decision being appealed. The Board of Zoning Appeals shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than 60 days after receipt of a complete application.
E.
Effect of Decision. The decision by the Board of Zoning Appeals shall have the same effect as a decision made by the administrative official. Any person, including any City official or City Council, aggrieved by a decision of the Board may bring an action in the district court within 30 days of the final decision of the Board.
(Ord. 2518 § 2 (LDC § 3.10); Ord. 2546 § 1)
§ 17.03.110 TEXT AMENDMENTS.
A.
Applicability. Text amendments to these regulations may be initiated by the Governing Body or the Planning Commission, or by staff on behalf of these entities.
B.
Specific Procedures. In addition to the general procedures in Table 3-1, and GMC § 17.03.010, applications for text amendments shall be processed according to the following specific procedures:
1.
Public Hearing. The Planning Commission shall hold a public hearing on all proposed amendments.
2.
Recommendations. Upon the conclusion of the public hearing, the Planning Commission shall prepare and adopt its recommendations in the form of a proposed development regulation and shall submit it with a record of the hearing to the Governing Body.
3.
Action by the Governing Body. When the Planning Commission submits a recommendation of approval or disapproval of such amendment and the reasons therefor, the Governing Body may:
a.
Adopt. Adopt such recommendation by ordinance,
b.
Override. Override the Planning Commission’s recommendation by at least a two-thirds vote of the membership of the Governing Body, or
c.
Return. Return such recommendation to the Planning Commission with a statement specifying the basis for the Governing Body’s failure to approve or disapprove. If the Governing Body returns the Planning Commission’s recommendation, the Planning Commission after considering the same may resubmit its original recommendation giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendation, the Governing Body by a simple majority thereof may adopt or may revise or amend and adopt such recommendation by ordinance or it need take no further action thereon. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission’s next regular meeting after receipt of the Governing Body’s report, the Governing Body shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly.
4.
Publication. If the Governing Body approves an application, it shall adopt an ordinance to that effect, but the ordinance shall not become effective until its publication in the official newspaper.
(Ord. 2518 § 2 (LDC § 3.11))
