A.

Applications and Fees.

1.

Forms. Applications required under this code shall be submitted to the community development department on forms supplied by the department. The director is authorized to establish application forms and submittal requirements that ensure applications can be evaluated for conformance with this code. The director may waive, at the time of application, the requirement for any information on standard forms that the director determines not relevant to a specific application and the review criteria.

2.

Fees. Applications shall be accompanied by a non-refundable fee established by the city council. 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 city council.

3.

Eligible Applicants. Table 08-1 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 required to receive mailed notice by these regulations 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.

City Council. The city council acting on its own initiative according to its bylaws and rules of procedure.

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, public meetings or hearings, review by other bodies, and effects of decisions through the process).

C.

Pre-application Meeting. Pre-application meetings may be requested by the applicant or director for any application, and shall be required as indicated in Table 08-1. The purpose of the pre-application meeting is to discuss the general nature of the proposal, including:

1.

Timelines, procedures, and submittal requirements for the application.

2.

Information required and criteria for decisions on the application.

3.

Notification requirements, or whether any special community outreach may be important.

4.

Planning and infrastructure impacts, including the need for any additional technical studies or outside agency coordination and review.

5.

The relationship to the master plan, and whether any specific plans, policies or other design, development or economic development initiatives impact the application.

6.

Zoning requirements for the property in question, and relationship to adjacent property considering existing uses and potential uses or future development under current standards.

7.

Opportunities to improve any preliminary design concepts within the context and better coordinate the project with other public or private investments in the area.

A required pre-application meeting may be waived at the director's discretion 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.

Notification of Incomplete Application. If the director determines that an application is incomplete, the director shall notify the applicant of the specific ways in which the application is deficient within ten (10) days of submittal, and no further processing of the application shall occur until the deficiencies are corrected. If the application is not completed within thirty (30) days of the notice, the incomplete application may be considered withdrawn. Any modifications by the applicant after a determination of a complete application, without direction from the director, planning commission or city council, may void the determination and trigger a new ten-day period.

2.

Scheduling. The director shall schedule complete applications for further review according to these regulations.

a.

Applications that require a public hearing shall be scheduled for initial formal review within sixty (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 initial formal review within thirty (30) days of a determination of a complete application.

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.

Staff Report. The director shall prepare a staff report for any application requiring review or decisions by other review bodies. The report shall evaluate the application according to applicable policies, plans and regulations. The director shall provide a copy of the report to the review body and to the applicant at least two days before the scheduled meeting.

E.

Notice. Notice shall be provided for each application as indicated in Table 08-1. Required notice shall be based on the following:

1.

Published. Where published notice is required, at least fifteen (15) days but not more than thirty (30) days prior to the public review, notice shall be published in a newspaper in general circulation in the city, stating the time and place of the meeting, and the general location and nature of the application. Where otherwise permitted by law, the director may determine that another other source of general public information in the city, whether in print or electronically, is more practical and effective than newspaper publications.

2.

Posted. Where posted notice is required, the director shall post notice on the subject property indicating a pending action. The notice shall be placed in public view at least fifteen (15) days before the scheduled review. The sign is property of the city and removal, concealment or damaging the sign is a public offence. The applicant must make a reasonable good faith effort to maintain posted notice throughout the proceedings. The placement of signs is for the convenience and information to the public and the absence of signs for any specified period shall not invalidate any subsequent action.

3.

Mailed. Where mailed notice is required, the city shall send notice to owners of record within one hundred eighty-five (185) feet, excluding existing rights-of-way, of the boundaries of the property. The director shall mail notice of the time, place and nature of the hearing by regular mail at least fifteen (15) days prior to the public review. 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.

Generally. Minor technical deviations in the language of published, posted, or mailed notice shall not invalidate any proceedings or decision when actual notice has been given, or where constructive notice or the intent of this section is fulfilled. Where there is a question on the adequacy of notice, the planning commission shall make a finding on whether there was substantial compliance with these regulations.

F.

Public Hearings. Where a public hearing is required by Table 08-1, the following procedures apply:

1.

The hearing shall be conducted and a record of the proceedings shall be preserved, as the 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 from the community development department.

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.

G.

Action by Review Bodies. Review bodies shall take the actions indicated in Table 08-1. 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 may recommend the following when the review body is a recommending body):

1.

Approve the application.

2.

Approve the application with conditions or modifications that better meet the criteria or protect adjacent property from potential impacts.

3.

Deny the application.

4.

Continue the application to allow further analysis. The application shall not be continued for more than sixty (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.

H.

Appeals. Where a review body is designated as the appellate body in Table 08-1, the following appeal procedures apply:

1.

Appeals shall be filed with the director within fifteen (15) days of a final decision.

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 that is the subject of the action or proposed action; and any person given the right of appeal by law.

3.

The designated appellate body shall consider the application as a new matter, and within sixty (60) days of the date 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 city council 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.

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 decision. The director may permit a refiling of the application no sooner than ninety (90) days after the decision if:

1.

Significant physical, economic or land use changes have taken place within the immediate vicinity;

2.

A text amendment of these standards has been adopted that materially affects the application; or

3.

The application is substantially different when considering the criteria for approval or the reason for the original denial.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

A.

Applicability. The site plan process ensures that development projects meet the development and design standards of this code, and all other standards as they relate to a specific property and context. In addition to the general requirements in Table 08-1 and Section 17.08.010, the following requirements are specific to site plan applications. The site plan process does not apply to detached houses or duplexes, but applies to all other buildings and sites subject to the following:

1.

All new buildings.

2.

Exterior additions that expand the footprint of a building, change the massing, or significantly alter architectural features or character of buildings. This excludes ordinary maintenance, but may include things such as re-facing or changing exterior materials, altering the composition of the façade by changing patterns of windows and doors, or changing architectural details and ornamentation.

3.

Any site alterations that expand impervious surfaces, alter site access and circulation, construct accessory structures regulated by this code, or result in other significant changes in the relationship of the site to the public streetscape.

4.

Any exterior alterations of a building or site associated with a new use.

5.

Any uses, activities or development associated with other permits or approvals may require site plans to accompany review of the application.

B.

Site Plan Review Committee. The director may convene a site plan review committee, and include any staff or department the director determines necessary for the review. The committee shall conduct the staff review of the application, and may ask other staff members, consultants, or outside professionals to assist the committee in its review and determination.

C.

Planning Commission Review. The following site plans shall require review and approval by the planning commission:

1.

Non-residential uses and buildings that are permitted in residential districts.

2.

Site plans in the C-2 zoning district, or otherwise in the downtown and gateway commercial character areas of the master plan, that involve a new [principal] building or that the director determines is a substantial modification to the existing building form or site design.

3.

Site plans associated with other applications required to go to the planning commission.

4.

The director may determine that any other application meeting the eligibility criteria for staff site plan review presents significant changes or potential impacts on the area, or presents interpretation questions, and therefore must be reviewed and approved by the planning commission.

D.

Review Criteria. A site plan shall be reviewed according to the following criteria:

1.

In general, any site plan in compliance with all requirements of this title 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 building(s), proposed use, access and other site design elements required by this title and will not negatively impact the function and design of rights-of-way or adjacent property.

b.

The design and arrangement of the building(s) and open spaces is consistent with good planning, landscape design and site engineering principles and practices, considering the existing natural conditions of the site, and generally avoids unnecessary grading or removal of existing natural features and vegetation.

c.

The architecture and building design use 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, and public streetscapes.

e.

Whether any additional site-specific conditions are necessary to meet the intent of the zoning district or the intent and design objectives of any of the applicable development standards.

3.

The application does not present any apparent conflicts with other applicable codes and standards needed to build the project as proposed.

4.

The director may approve minor revisions to a previously approved site plan, or site plan approved in association with another development application where they are necessary due to technical considerations discovered after the decision, were not reasonably anticipated prior to the application, or result from further refinement of previously approved concepts; provided these changes will not result in designs or other impacts materially different from what was proposed.

E.

Effect of Decision. Approval of a site plan shall authorize the applicant to apply for a building permit, and other applicable permits. An approved site plan shall expire and be of no further effect if an application for a permit is not filed and acted upon within one year of the approval. Any lapse of work on an approved site plan for more than one hundred eighty (180) days may be cause for the director to revoke the site plan approval. The director may grant an extension for up to one additional year. Any extension beyond more than one year may only be granted by the planning commission or city council.

F.

Appeal. A site plan decision may be appealed to the planning commission, which shall evaluate the application according to the same standards and criteria in this section. For site plans required to be approved by the planning commission, appeals may be made to the city council.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

A.

Applicability. A conditional use permit provides flexibility for different uses within a zoning district based on a case-specific review of the context, location, configuration, design or other operational conditions of the proposed use. These additional uses may not be generally compatible for the district, but due to the characteristics of the proposal or due to the specific conditions in the area where the use is proposed, they may be appropriate. In addition to the general requirements in Table 08-1 and Section 17.08.010, 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, and is otherwise determined to be consistent with the master plan and any official plan or program developed under the guidance of the master plan.

2.

Any proposed construction activity is accompanied by a site plan that meets all of the criterial for a site plan approval.

3.

Whether any design elements not included in the standards or site plan conditions are necessary to mitigate potential impacts of the use on the public streetscape or adjacent property, such as traffic, noise, odors, visual nuisances or other similar adverse effects.

4.

Whether any additional site-specific conditions are necessary to meet the purposes of this title and the intent or design objectives of any applicable subsections of this title.

5.

Compatibility with the character of the area in terms of building scale, building form, landscape and site design.

6.

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.

7.

Whether a limited time period for the permit is reasonably necessary to either limit the duration of the use, assess the use against changing conditions in the area, or ensure periodic reporting and on-going enforcement of the permit.

8.

The application will not hinder 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 or other technical reviews associated with the application.

C.

Effect of Decision. Approval of a conditional use permit by the city council shall authorize the applicant to apply for a building permit, and other applicable permits. Any development work associated with the approval shall be authorized in the same manner as an approved site plan. Any conditional use not otherwise established within one hundred eighty (180) days is cause for revocation of the permit. Any use discontinued for more than one year, or the expiration of a time limit on the permit, shall terminate the permit and the use may not be conducted without a new conditional use permit. The director may grant a one-year extension to this time period in order to process a new permit.

D.

Revocation. A permit may be revoked by the city council for any violation of the conditions or other applicable regulations, after a public hearing requiring notice in the same manner as the original permit. The city council may refer the matter to the planning commission for a report and recommendation prior to the hearing. The director may summarily revoke any conditional use permit prior to the hearing where the violation of the regulations or conditions pose an immediate danger or threat to the health, safety, or welfare or property values of the public or adjacent owners.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

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. In addition to the general requirements in Table 08-1 and Section 17.08.010, 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 particular physical surroundings, shape or topographical conditions of the property create practical difficulties or unnecessary hardship upon the owner, as distinguished from a mere inconvenience, such that the property cannot yield a reasonable return or use under strict application of the ordinance;

2.

The condition is due to unique circumstances not applicable generally to other property within the same neighborhood or zoning classification, and has not been created by any person having an interest in the property.

3.

The granting of the variance will not adversely affect the rights of adjacent property owners, tenants, or residents;

4.

The granting of the variance will not be detrimental to the public health, safety, or welfare; and

5.

The granting of the variance will not alter the essential character of area, and will not be opposed to the general intent and spirit of the ordinance from which the variance is sought.

C.

Effect of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. The concurring vote of at least four members of the board of zoning adjustments is necessary to approve a variance. Any development work associated with the approval of a variance shall be authorized in the same manner as an approved site plan. Failure to act on an approved site plan associated with the variance within one year shall cause the variance to expire.

D.

Appeals. Any person, official or governmental agency dissatisfied with any order or determination of the board may bring an action in the circuit court within thirty (30) days of the final decision.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

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 title 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 these regulations. Appeals of administrative decisions shall be filed within thirty (30) days of the date of the decision being appealed.

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 facts to the board of zoning adjustment demonstrating that a stay would cause immediate peril to, or poses irreparable harm to life or property. In such case a restraining order may be granted by the board of or by a court of record, to reinstate the action of the administrated official until the board can rule on the appeal.

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 adjustment all papers constituting the record upon which the action appealed is taken within thirty (30) days of receipt of such filing of the appeal.

D.

Action and Review Criteria. The board of zoning adjustment shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion on the appellant. An appeal shall be sustained only upon written findings that the official committed a clear 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 shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than sixty (60) days after receipt of a complete application.

E.

Effect of Decision. The decision by the board of zoning adjustment shall have the same effect as a decision made by the administrative official. The concurring vote of at least four members of the board is necessary to approve an appeal and override an administrative official's decision or interpretation. 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 thirty (30) days of the final decision of the board.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

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, a change in public policies with respect to future development, or otherwise implement the master plan. In addition to the general requirements in Table 17-08-1 and Section 17.08.010, 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 application is in conformance with the master plan and any official plan or program developed under the guidance of the master plan.

2.

The suitability of the property for the uses and development standards which it is restricted under the existing classification, and the length of time it has been vacant or underutilized as zoned.

3.

The character of the neighborhood, including the design of streets, civic spaces and other open spaces; the scale, pattern and design of buildings; the zoning of property and compatibility of potential future uses; and the operation and uses of land and buildings.

4.

The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts.

5.

The effect of approval on the condition, use or value of property in the vicinity, including the likelihood of surrounding areas to be developed in accordance with the master plan.

6.

Compliance of any proposed development with the standards of this title, and with the intent or design objectives associated with any specific standards.

7.

The ability of the city or other government agencies to provide any services, facilities or programs that might be required if the application were approved, including transportation, sanitary and storm sewers, water, public safety, schools, parks and recreation, or solid waste.

8.

The consistency of the application with other adopted policies of the city, including any other relevant implications of the change beyond any specific proposed project.

9.

The recommendations of professional staff or other technical reviews associated with the application.

C.

Protest by Petition. If a written protest against a proposed zoning change is filed in the office of the city clerk at least five days prior to the city council review, signed by the owners of record of thirty (30) percent or more of any real property proposed to be rezoned, or by the owners of record of thirty (30) percent or more of the total area required to be notified by this title 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 two-thirds vote of all of the members of the legislative body.

D.

City Council Review. When the planning commission submits a recommendation of approval or disapproval of a zoning map amendment, the city council may:

1.

Adopt such recommendation by ordinance;

2.

Return such recommendation to the planning commission with a statement specifying the basis for the city council's failure to approve or disapprove; or

3.

Reject or modify the planning commission's recommendation, specifically citing the reasons for such decision and based on the same criteria in Section 17.08.060.B.

E.

Effect of Decision. Amendments to the official zoning map (rezoning) shall be approved by the city council in the form of an ordinance. Approved changes shall be indicated on the official zoning map by the director within thirty (30) days following such action. Any development work associated with the approval of a zoning map amendment shall be authorized in the same manner as an approved site plan.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

A.

Applicability. Text amendments change the terms or requirements of this title to address planning of development policy issues, and generally improve the procedures, standards and criteria for development implementing the master plan. In addition to the general requirements in Table 08-1 and Section 17.08.010, the following requirements are specific to text amendment applications.

B.

Review Criteria. A text amendment shall be reviewed according to the following criteria:

1.

The application is consistent with the authority granted to the city in RSMo. ch. 89.

2.

The application furthers the general purposes of this title.

3.

The application is in conformance with the master plan, or to the extent, it is not it addresses changed circumstances or issues not considered in that plan in a manner that is consistent with the authority granted in RSMo. ch. 89 and the general purposes of this title.

C.

Effect of Decision. If the city council approves an application for a text amendment, it shall adopt an ordinance to that effect and the ordinance shall become effective on the date specified in the ordinance.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

A.

Applicability. The master planned development process is intended for development concepts that require a higher degree of specific planning based on the scale and complexity of the project, the relationship of the project to the context, and the ability to meet the purpose, intent and objectives of this title with more flexible application of the standards. A planned development application is a type of zoning map amendment based on a specific and integrated development plan, and must follow the procedures and meet the requirements of the rezoning process.

A development plan should include a minimum of five acres; at the director's discretion it may include less if the plan still affects planning and design concepts beyond a specific project or parcel, based on the context. It should not be used for project- or site-specific deviations through this code, which should be addressed through the site plan review process or other applications.

In addition to the general requirements in Table 08-1 and Section 17.08.010, the following requirements are specific to master planned development applications.

B.

Development Plan. A development plan is a specific plan for coordinated development of an area. The purpose of a development plan is to allow preliminary review of a proposed planned development before substantial technical work has been undertaken, but to also grant flexibility and establish expectations for development resulting from a greater emphasis on planning and urban design assurances reflected in the plan. A development plan shall generally include:

1.

Illustrative Plan. A plan identifying full future development of the area, including relationship of general land use categories, the arrangement and character of streets and open spaces, and the anticipated scale, intensity and character of development through maps and illustrations of development concepts.

2.

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 significant or sensitive features.

3.

Public Input Summary. A summary of the type, extent and outcomes from any public engagement or neighborhood meetings regarding the plan and future development.

4.

Public Realm Plan. A plan outlining the location, design characteristics, and specific dimensions and functions of all proposed streets, storm water management systems, and open and civic spaces—whether public, common or private—that will create the public realm for the plan. This plan may also serve as a preliminary plat, to the extent it addresses requirements in Title 16.

5.

Regulating Plan. A plan identifying the development standards for different blocks and lots, and where transitions of these standards will occur within the area. This plan identifies that base zoning districts, and then any project-, block-, or site-specific standards that differ from requirements of the base district and this code, based on the development plan. The regulating plan typically indicates the specific land uses and their density/intensity, block and lot patterns and transitions, building types and scale, design characteristics, and other building and site design elements that reflect the proposed scale and character of development. This plan shall also include the requirements for a zoning map amendment of Section 17.08.060.

6.

Phasing or Implementation. A strategy indicating the estimated timing of development, and any other administrative details of implementing the plan through future final plats and site plans.

7.

Detail Plans. The development plan may include detail plans and specifications such as 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.

Review Criteria. A master planned development shall be reviewed according to the following criteria:

1.

The plan better implements the master plan beyond what could have been accomplished through strict application of otherwise applicable base zoning district standards.

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 that of the areas immediately near or within the proposed project, and are not strictly to benefit the applicant or a single project.

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).

4.

The benefits from any flexibility in the standards proposed in the plan better meet or exceed the design objectives of the specific standards proposed to be modified.

5.

The plan reflects generally accepted and sound planning and urban design principles with respect to applying the goals and objectives of the master plan to the area.

6.

The plan meets all of the review criteria for a zoning map amendment.

D.

Specific Procedure. The following specific procedures supplement the general procedures in Table 08-1 and Section 17.08.010 applicable to planned developments.

1.

The planned development process involves at least two steps—the development plan, and a final development plan or site plan for specific components of the development plan. However, based on the complexity of projects and degree of advanced planning and urban design necessary for a project, the elements of a development plan in subsection B. may be broken into two or more steps to review concepts and preliminary designs prior to approval of the full development plan.

2.

In most cases land will need to be subdivided in order to carry out a development plan. The subdivision process is a separate process, but may run concurrently with the planned development process.

E.

Effect of Decision. Approval of a development plan shall constitute acceptance of the overall planning concepts and development parameters, and may constitute additional rights as specified below.

1.

Illustrative Plan. Approval of the illustrative plan, existing conditions and public input summary without any other plans only approves the project concepts, and reserves judgment and discretion regarding criteria applied to other required planned development approvals.

2.

Regulating Plan. Approval of the regulating plan, in association with the other components of the development plan, shall have the same effect as a zoning map amendment specified in Section 17.08.060. Sites governed by an approved regulating plan shall be designated on the official zoning map with the letters of the proposed base zoning district plus "P" (planned). (For example, where a portion of the development plan uses the R-4, R-1A and the C-1 base zoning districts, the zoning of each area of an approved regulating plan shall be R-4-P, R-1A-P, and C-1-P respectively.) Any "P" designation shall refer to the approved master development plan to be kept on file with the community development department.

3.

Public Realm Plan. Approval of a public realm plan in association with other components of a development plan, shall have the same effect as approval of a preliminary plat as specified in Title 16, provided it includes or is accompanied by information required for preliminary plats.

4.

Final Development. Prior to applying for permits for final development, any project included as part of a master development plan shall first require approval of a final plat and a site plan as provided in these regulations. In addition to all other information and criteria required for those applications, submittals under an approved development plan shall include all necessary information to demonstrate that all applicable standards, requirements, and conditions of the development plan have been met.

(Ord. No. 9212, § 3(Exh. A), 7-2-2019)

The fee schedule for subdivision applications is as follows:

(Ord. No. 9179, § 1(Exh. A), 3-5-2019; Ord. No. 9213, § 1(Exh. A), 7-2-2019)