1. 1.
   Acquaint the applicant with the procedural requirements of this Unified Development ​​​​​​​Ordinance;
2. 2.
   Provide for an exchange of information regarding the proposed development plan and applicable elements of this Unified Development ​​​​​​​Ordinance, the ​​​​​​​Comprehensive​​​​​​​ Plan and other development requirements;
3. 3.
   ​Advise the applicant of any public sources of information that may aid the application;
4. 4.
   Identify ​​​​policies and regulations that create opportunities or pose significant restraints for the proposed development;
5. 5.
   Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences; and
6. 6.
   Permit staff input into the general design of the project.

1. 1.
   An applicant is required to hold a neighborhood meeting for rezonings, special use permits and revised preliminary plans with substantial changes for the following application types where the application area is within 500 feet of property zoned and used as single-family residential or other residential housing that is designed for individual ownership and when any of the following criteria are met:

   1. a.
      Rezoning requests from low-density residential districts to a less restrictive district as identified in Section 18.150.010 of the UDO;
   2. b.
      Any zoning request larger than 10 acres in size to a multi-family or less restrictive district as identified in Section 18.150.010 of the UDO;
   3. c.
      Any revised preliminary development plan with substantial changes as outlined by 18.140.200.A.3 of the UDO on property zoned multi-family or a less restrictive district as identified in 18.150.010; or
   4. d.
      Special use permits for new construction.
2. 2.
   The Director of Planning and Development Services shall have the authority to take into consideration the context and specific nature of any request and may:

   1. a.
      Waive the requirement for a neighborhood meeting;
   2. b.
       Extend the distance requirement for sending meeting notifications for a neighborhood meeting; or
   3. c.
      Require a neighborhood meeting for an application that does not meet the criteria set forth in subsection 1 above.
3. 3.
   Notwithstanding that a neighborhood meeting was held or was not required under subsection 1 or 2 above, either the Planning Commission or the Governing Body may require a neighborhood meeting prior to taking action on an application.

1. 1.
   Required neighborhood meetings shall be held no less than 10 days prior to the scheduled Planning Commission meeting.
2. 2.
   A good faith effort should be made to hold the meeting on a day and time that allow the majority of interested parties to attend and at a location convenient to the neighborhood.
3. 3.
   Neighborhood meetings may consist of a formal presentation or may be conducted in an open house style. The format of the meeting should ensure that those in attendance have an opportunity to learn about the proposal and ask questions of the development team.
4. 4.
   Attendance should be taken and a written meeting summary provided to the City’s planning staff no less than 7 days in advance of the Planning Commission meeting.

1. 1.
   Notification of a neighborhood meeting shall be provided no less than 10 days in advance of the scheduled meeting and shall be sent to all residential property owners of record and any registered homeowner associations or neighborhood groups within 500 feet of the application (or distance required by the Director). A copy shall also be provided to the City’s planning staff and to the ward council members where the application is located.
2. 2.
   The notification may be sent by regular mail. The notification shall provide: (i) the time, date and location of the meeting; (ii) the City-assigned plan number; (iii) the location and general description of the proposal; and (iv) contact information for the applicant or their agent. It is recommended that the notification also include a copy of the applicant’s proposal. Failure of a property owner to receive the notification will not invalidate the applicant’s notification for their scheduled meeting.
3. 3.
   This neighborhood meeting notification shall not be sent in the same envelope as the certified notification to surrounding property owners required by Section 18.140.080.
4. 4.
   Prior to the Planning Commission meeting, the applicant shall file with the Secretary of the Planning Commission an affidavit stating the names and addresses of the persons to whom notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

1. 1.
   The applicant shall mail all notices at least 20 days prior to the hearing, thus notifying such property owner of the opportunity to be heard. Notice shall be mailed to all owners of record of land within 200 feet of the property subject to the application. If the subject property is located adjacent to unincorporated property outside the City's limits, then the area of notification shall be extended to include all unincorporated land within 1000 feet of the subject property. For the purposes of this Chapter, the phrase "adjacent to unincorporated property outside the City's limits" shall mean property which lies upon or touches (1) the City boundary line; or (2) a street or public way, railway or watercourse which lies upon the City boundary line.
2. 2.
   Such mailed notice shall be given by certified mail, and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing.
3. 3.
   In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners required to be notified by this Section shall have the opportunity to submit a protest petition, in conformance with this Ordinance, to be filed with the office of the City Clerk within 14 days after the conclusion of the public hearing.
4. 4.
   Newspaper clippings of the publication notices shall not be used for the mailed notice. Mailed notices shall be addressed to the owners of the property and not to mere occupants thereof.

1. 1.
   When requesting a continuance, an applicant (or authorized agent) shall provide a written request to the Director (or designee) outlining the specific need for the continuance and identifying the dates when the application will be ready for consideration.
2. 2.
   The Planning Commission, Board of Zoning Appeals or Governing Body may grant a continuance of an application at any time for good cause shown. The record shall indicate the reason the continuance was made and any stipulations or conditions of the continuance.
3. 3.
   All motions for a continuance shall state the date on which the matter will be heard. A majority vote of those members present and voting at the meeting is required to grant a continuance.
4. 4.
   When a continuance request is approved, the applicant shall change the posting on the property to reflect the new hearing or consideration date, and shall make every feasible attempt to timely notify all parties initially entitled to notice and any additional interested parties (as determined by the Director) of the approved continuation by means of U.S. mail, phone, e-mail or hand-delivered notice. In addition, the Planning Commission, Board of Zoning Appeals or Governing Body may direct the applicant to send written notice of the new date to all parties initially entitled to notice in the same manner and with the same time schedule as required for the original hearing, and may direct the staff to publish the new date in the official City newspaper.

1. 1.
   An applicant shall have the right to one continuance of a public hearing, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
2. 2.
   The Director shall have the discretion to approve a second or third continuance to serve the public interest when necessary revisions to the plan, new or missing information or other good cause make consideration of an application premature, provided, a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
3. 3.
   Continuance requests that are either (i) not approved by the Director, (ii) made after the above-prescribed deadlines, or (iii) made after a third continuance, must be made in person to the Planning Commission or Board of Zoning Appeals. After review of the progress on the application, the Commission or Board may, at its discretion, continue the item to a date certain or deny the continuance request. If the applicant is not ready to proceed after a denial of the continuance, the item will be deemed withdrawn.
4. 4.
   At any time when there has been a lack of proper notice as required by this Chapter, or when otherwise appropriate to serve the public interest, the Director shall recommend approval of a continuance.
5. 5.
   In cases when the applicant has failed to reasonably stay in contact with city staff and has failed to make progress in the application for a period in excess of 60 days, the Director, in the Director’s reasonable discretion, may deem the item withdrawn.

1. 1.
   An applicant shall have the right to one continuance, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled meeting for the Governing Body’s consideration. In such event, the matter shall be continued to the first meeting of the following month when the Governing Body regularly considers planning matters, unless the Governing Body otherwise specifically sets an alternative date.
2. 2.
   Except as provided in C.1., continuance requests must be made in person to the Governing Body, which, after the review of the progress on the application, may, at its discretion, continue the item to a date certain or deny the continuance request.

Consideration of zoning text amendments shall require a public hearing before the Planning Commission following publication notice as provided in Section 18.140.070.

A vote either for or against a zoning text amendment by a majority of all of the Planning Commissioners present and voting shall constitute a recommendation of the Planning Commission. If a motion for or against the zoning text amendment fails to receive a majority vote, the Planning Commission may entertain a new motion. A tie vote, or the failure to obtain a majority vote on any motion, shall constitute a recommendation for denial. The Planning Commission recommendation to approve or disapprove shall be submitted to the Governing Body for action, accompanied by an accurate written summary of the hearing proceedings. A recommendation to approve a zoning text amendment shall be submitted in the form of an ordinance.

1. 1.
   When the Planning Commission submits a recommendation to approve a zoning text amendment and the Governing Body approves that recommendation, then the Governing Body shall adopt the submitted ordinance. When the Planning Commission submits a recommendation to disapprove a zoning text amendment and the Governing Body approves that recommendation, no further action need be taken by the Governing Body and the application shall be deemed terminated.
2. 2.
   Upon receipt of a recommendation of the Planning Commission which the Governing Body disapproves, the Governing Body shall either override the Planning Commission's recommendation by the affirmative vote of nine (9) or more members of the Governing Body, or return such recommendation to the Planning Commission for further consideration, together with a statement specifying the basis for disapproval. A failure to obtain a vote necessary to approve or override the Planning Commission's first recommendation shall constitute a disapproval. Requests for amendments or modifications which constitute substantial changes, or requests for clarification by the Planning Commission, shall be treated as disapprovals for purposes of these procedures unless they are approved by the affirmative vote of nine (9) or more members of the Governing Body.

Upon receipt of an application returned by the Governing Body, the Planning Commission may resubmit its original recommendation giving the reasons therefor or submit a new or amended recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's statement specifying disapproval, the Governing Body may consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly. For purposes of this subsection, the "receipt" of the Governing Body's statement of disapproval shall be deemed to occur on the date of the first Planning Commission meeting on which the returned item is placed on the agenda for consideration.

Reconsideration by Governing Body.
Upon receipt of the Planning Commission's recommendation after reconsideration, or if no action is taken at the next regular meeting following the Planning Commission's receipt of the Governing Body's disapproval of the prior recommendation without a new recommendation being submitted, the Governing Body may take such action as it deems appropriate, including approval, disapproval or amendment of the application and adoption as amended, or the Governing Body may return the same to the Planning Commission for further consideration. Unless the Governing Body returns the application to the Planning Commission for further consideration or continues its consideration of the matter to another date, the Governing Body's action on the application shall constitute a final decision.

Consideration of all applications for rezoning or a special use permit shall require a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners as required by Sections 18.140.070 and 18.140.080, respectively, and a neighborhood meeting when required by 18.140.065.

Except as hereinafter provided, the procedures for Planning Commission and Governing Body consideration of rezoning or special use permit applications shall conform to the procedures set forth in Section 18.140.120 for zoning text amendments. Prior to submission of the application to the Planning Commission, City staff shall determine whether dedication of right-of-way will be required pursuant to the provisions of 18.400. The Governing Body shall not take action on an original recommendation of the Planning Commission unless the time for filing the protest petition as provided in subsection C has elapsed. Provided, however, that where the right to file a protest petition has been waived in a verified statement signed by all property owners holding such right, the Governing Body may consider the recommendation at any time.

1. 1.
   A protest petition against any rezoning or a special use permit application shall be filed in the office of the City Clerk not later than the end of the business day (5:00 p.m.) on the 14th day following the date of the conclusion of the Planning Commission's public hearing held pursuant to the publication notice. In order to be considered a "valid" protest, a protest petition must be timely filed and duly signed and verified by the owners of record of 20% or more of the property subject to the application or by the owners of record of 20% or more of the total property within the area required to be notified by Section 18.140.080, excluding streets and public ways and the property subject to the application when provided for by K.S.A. 12-757(f). Verification of the genuineness and correctness of the signatures on the protest petition, either individually or collectively, shall be made by a person who has signed the protest petition.
2. 2.
   The 14-day period for filing the protest petition shall begin with the day following the conclusion of the public hearing before the Planning Commission and shall end at 5:00 p.m. on the 14th calendar day thereafter. For purposes of calculating the 14-day period, weekends and holidays shall be counted. Provided, however, if the filing deadline falls on a weekend, holiday or other non-business day for City offices, then the filing deadline shall be at 5:00 p.m. on the next regular business day.
3. 3.
   Once a valid protest petition has been filed with the City, it may be withdrawn as follows:

   1. a.
       A property owner who has signed a protest petition may withdraw the property owner's name and property from the protest petition by filing with the City Clerk a verifed affidavit of the property owner's withdrawal from the protest petition no later than the end of business (5:00 pm) on the third day following the end of the above-described 14-day period. The affidavit shall state and fully explain the rights being waived by the withdrawal. In such event, the protest percentage for the total protest area shall by adjusted accordingly. If the property is owned by more than one owner of record, the withdrawal of any owner shall be sufficient to effectuate the withdrawal under this section.  
   2. b.
      The entire protest petition may be withdrawn if every property owner who signed the protest petition signs a verified affidavit of withdrawal which states and fully explains the rights being waived by the withdrawal of the protest petition. Such affidavits of withdrawal must be filed with the City Clerk no later than the end of business (5:00 pm) on the third day following the end of the above-described 14-day period.
   3. c.
      For purposes of withdrawal, signatures shall not be required of the City where City-owned property lies within the protest area or of entities controlling rights-of-way or utility easements. 

Where a valid protest petition has been filed, an ordinance approving the rezoning or special use permit application shall not be passed except by the affirmative vote of ten (10) or more members of the Governing Body.

In considering any application for rezoning or a special use permit, the Planning Commission and the Governing Body may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. In addition, the Planning Commission and Governing Body may consider other factors which may be relevant to a particular application.

1. 1.
   The character of the neighborhood.
2. 2.
   The zoning and uses of nearby properties, and the extent to which the proposed use would be in harmony with such zoning and uses.
3. 3.
   The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.
4. 4.
   The length of time the property has remained vacant as zoned.
5. 5.
   The extent to which approval of the application would detrimentally affect nearby properties.
6. 6.
   The extent to which the proposed use would substantially harm the value of nearby properties.
7. 7.
   The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influenced by the use, or present parking problems in the vicinity of the property. 
8. 8.
   The extent to which utilities and services, including but not limited to, sewers, water service, police and fire protection, and parks and recreation facilities, are available and adequate to serve the proposed use.
9. 9.
   The extent to which the proposed use would create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.
10. 10.
    The extent to which there is a need for the use in the community.
11. 11.
    The economic impact of the proposed use on the community.
12. 12.
    The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to the zoning district regulations or 18.370.
13. 13.
    The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
14. 14.
    The conformance of the proposed use to the ​​​​​​​Comprehensive​​​​​​​ Plan​​​​​​​ and other adopted planning policies.
15. 15.
    The recommendation of professional staff.

1. 1.
   All submission requirements have been met.
2. 2.
   The plan conforms with all applicable regulations and design standards for the site’s zoning district, as well as any other applicable adopted plans or policies (including but not limited to, landscaping and screening plan, lighting, architecture and setbacks).
3. 3.
   The site is capable of accommodating the proposed uses, buildings, parking and drives with appropriate open space, and adequate separation from surrounding land uses.
4. 4.
   The plan provides for safe and easy ingress, egress and internal traffic circulation.
5. 5.
   The plan is consistent with good land planning and site engineering design principles.
6. 6.
   The plan provides an appropriate degree of harmony between the architectural quality of the proposed buildings and the surrounding neighborhood.
7. 7.
   The plan represents an overall development pattern that is consistent with the Comprehensive Plan, the Official Street Map and other adopted planning policies.
8. 8.
   Right-of-way for any abutting thoroughfare has been dedicated pursuant to the provisions of 18.400.

1. 1.
   The Director’s disapproval of a site plan or revised site plan may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote.
2. 2.
   The Planning Commission’s decision on the appeal may be appealed to the Governing Body by either the applicant or the Director by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote.

1. 1.
   North arrow and scale.
2. 2.
   With regard to the subject property only:

   1. a.
      Existing topography with contours at 5-foot intervals, and delineating any land areas within the 100-year floodplain.
   2. b.
      Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.
   3. c.
      Conceptual locations, types and sizes of all storm drainage conveyance, detention and treatment facilities.
   4. d.
      Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.
   5. e.
      General extent and character of proposed landscaping.
3. 3.
   With regard to areas within 200 feet of the subject property:

   1. a.
      Any public streets which are of record.
   2. b.
      Any drives which exist or which are proposed to the degree that they appear on plans on file with the City, except those serving single-family houses.
   3. c.
      Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape.
   4. d.
      The location and size of any drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets.
4. 4.
   Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
5. 5.
   A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, and other quantities relative to the submitted plan in order that compliance with requirements of this Ordinance can be determined.
6. 6.
   For all developments proposed in the RP-OE, RP-OS, RP-3, RP-5 and RP-6 Districts, the following information, if applicable, shall be submitted if requested by the Director (or designee), in addition to the above-listed requirements:

   1. a.
      Up to three site section plans.
   2. b.
      Slope analysis representing slopes falling within the following categories:

      1. 1.
         0%-5% slope;
      2. 2.
         6%-10% slope;
      3. 3.
         11%-17% slope;
      4. 4.
         18% slope and greater.
   3. c.
      Existing streams and other bodies of water.
   4. d.
      Surface drainage channels.
   5. e.
      Location, massing and pattern of existing vegetation.
   6. f.
      Views within the site.
   7. g.
      Vistas to and from the site.
   8. h.
      Focal points and site amenities.
   9. i.
      Existing structures on the site.
   10. j.
       Street and traffic patterns affecting the site.
   11. k.
       Pedestrian and vehicular access points.
   12. l.
       Physical barriers (such as interstate highways).
   13. m.
       Noise generation sources.
   14. n.
       Surrounding uses, activities and influences of the site and adjacent properties.
7. 7.
   For all developments proposed in the PRN District, the following information, if applicable, shall be submitted if requested by the Director (or designee), in addition to the above-listed requirements:

   1. a.
      Up to three site section plans.
   2. b.
      Slope analysis representing slopes falling within the following categories:

      1. 1.
         0%-5% slope;
      2. 2.
         6%-10% slope;
      3. 3.
         11%-17% slope;
      4. 4.
         18% slope and greater.
   3. c.
      Existing streams and other bodies of water.
   4. d.
      Surface drainage channels.
   5. e.
      Location, massing and pattern of existing vegetation.
   6. f.
      Views within the site.
   7. g.
      Vistas to and from the site.
   8. h.
      Focal points and site amenities.
   9. i.
      Existing structures on the site.
   10. j.
       Street and traffic patterns affecting the site.
   11. k.
       Pedestrian and vehicular access points.
   12. l.
       Physical barriers (such as interstate highways).
   13. m.
       Noise generation sources.
   14. n.
       Surrounding uses, activities and influences of the site and adjacent properties.
   15. o.
       A plan clearly defining the type of residential dwelling unit to be constructed on each block or specific area.
   16. p.
       A written criteria (can include drawings or pictures) describing each residential area or building type to be constructed in the Planned Residential Neighborhood development. Items to be included are possibly residential type (Colonial, Prairie, etc.), colors, materials and any other information that will help explain the proposal.
   17. q.
       Typical elevations for the various building types.
   18. r.
       A pedestrian and open space concept plan.
8. 8.
   Name and address of landowner.
9. 9.
   Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.
10. 10.
    Date of preparation of the plan.

1. 1.
   All studies as may reasonably be required by the Director pursuant to 18.140.040.
2. 2.
   Assurances of adequate public facilities as required by 18.100.070.

1. 1.
   Regulating Plan.
2. 2.
   Building Type Plan.
3. 3.
   Street Type Plan.
4. 4.
   Utility Location Strategy.
5. 5.
   Project Design Manual.
6. 6.
   Additional plans or studies deemed necessary by the Director.

1. 1.
   Preliminary Development Plan Requirement. No property with a planned zoning district classification may be developed or redeveloped without an approved preliminary and final development plan. When property is rezoned to a planned zoning district, the preliminary development plan shall be considered and approved as part of the rezoning application. Changes in the preliminary development plan may be made only after the approval of a revised preliminary development plan as set forth hereafter.  In the event that the application for the revised preliminary development plan is denied, the previously-approved preliminary development plan will remain in effect.
2. 2.
   Determination of Changes. Unless additional information is requested, the Director shall determine whether a proposed revised preliminary development plan contains “substantial or significant changes” within 5 business days of filing the application. For purposes of this Section, "substantial or significant changes" shall mean any of the following:

   1. a.
       Increases in the density or intensity of residential uses of more than 5%.
   2. b.
      Increases in the total floor area of all nonresidential buildings covered by the plan of more than 10%.
   3. c.
      Increases of lot coverage of more than 5%.
   4. d.
      Increases in the height of any building of more than 10%.
   5. e.
      Changes of architectural style which will make the project less compatible with surrounding uses.
   6. f.
      Changes in ownership patterns or stages of construction that will lead to a different development concept.
   7. g.
      Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.
   8. h.
      Decreases of any peripheral setback of more than 5%.
   9. i.
      Decreases of areas devoted to open space of more than 5% or the substantial relocation of such areas.
   10. j.
       Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
   11. k.
       Modification or removal of conditions or stipulations to the preliminary development plan approval.
   12. l.
       For any developments proposed in the RP-OE, RP-OS, or PRN zoning districts, any change in the specified use or maintenance of any designated open space lands.
   13. m.
       For any developments proposed in the PRN zoning district, any changes in the type of dwelling units or style of dwelling units proposed to be constructed in a particular area or block.
   14. n.
       For any developments proposed in the MXD zoning district the following shall apply (see Mixed Use Design Guidelines for additional information):

       1. 1.
           Internal sub-zones in an MXD development may be changed administratively if no internal property or units have been sold to a separate entity.
       2. 2.
          Perimeter sub-zones in an MXD development may be changed to a less intensive sub-zone without a public hearing. Any changes of the perimeter property line of an MXD zoned development shall result in a revised preliminary plan subject to the requirements found in 18.140.150.
3. 3.
   Revised Preliminary Development Plan - Non-substantial Change. Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning Commission by a simple majority vote. Unless appealed, the decision of the Planning Commission shall be final.
4. 4.
   Revised Preliminary Development Plan - Substantial Change. Substantial or significant changes in the preliminary development plan shall require a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners in the manner required by 18.140.070 and 18.140.080 respectively, and a neighborhood meeting when required by 18.140.065. The Planning Commission shall recommend approval or denial to the Governing Body by a simple majority vote; a tie vote shall be deemed a recommendation for denial. The Governing Body may accept or override the Planning Commission’s recommendation with a simple majority vote.

   1. a.
      Protest Petition. A protest petition may be filed against a revised preliminary development plan with substantial or significant changes in the same manner and process as set forth in 18.140.150 C. When a valid protest petition is filed, approval of the revised preliminary plan shall require a vote of 10 or more members of the Governing Body.
   2. b.
      PRN Districts. For substantial or significant changes to preliminary development plans in the PRN, Planned Residential Neighborhood District only the area directly affected by the revisions or that area subject to the application will be subject to the notice and protest provisions.
5. 5.
   Preliminary Development Plan Criteria. The criteria for consideration of an application for a preliminary development plan or revised preliminary development plan shall be the criteria set forth in 18.140.150 E., to the extent they are pertinent to the particular application, as well as the following additional criteria:

   1. a.
       All submission requirements have been met.
   2. b.
      The plan conforms with all applicable regulations and design standards for the site’s zoning district, as well as any other applicable adopted plans or policies (including but not limited to, landscaping and screening plan, lighting, architecture and setbacks).
   3. c.
      The site is capable of accommodating the proposed uses, buildings, parking and drives with appropriate open space, and adequate separation from surrounding land uses.
   4. d.
      The plan provides for safe and easy ingress, egress and internal traffic circulation.
   5. e.
      The plan is consistent with good land planning and site engineering design principles.
   6. f.
      The plan provides an appropriate degree of harmony between the architectural quality of the proposed buildings and the surrounding neighborhood.
   7. g.
      The plan represents an overall development pattern that is consistent with the Comprehensive Plan, the Official Street Map, and other adopted planning policies.
   8. h.
      Right-of-way for any abutting thoroughfare has been dedicated pursuant to the provisions of 18.400.
6. 6.
   Appeals.

   1. a.
      The Director’s determination of whether a proposed revised preliminary development plan contains “substantial or significant changes” may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the date of the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote, and its decision will be final. (See A.2 above).
   2. b.
      The Planning Commission’s disapproval of a revised preliminary development plan with non-substantial changes may be appealed to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. (See A.3 above)

1. 1.
   Development Plan Requirement. No property being used for a non-residential use in a residential district may be developed or redeveloped without an approved preliminary and final development plan. Changes in the preliminary development plan may be made only after the approval of a revised preliminary development plan as set forth hereafter. In the event the application is denied, any previously-approved preliminary development plan will remain in effect.
2. 2.
   Preliminary Development Plan. A preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district shall require a public hearing before the Planning Commission, with publication notice and notice to surrounding property owners in the manner required by 18.140.070 and 18.140.080 respectively, and a neighborhood meeting when required by 18.140.065. The Planning Commission may approve or deny the application by a simple majority vote. Unless appealed, the decision of the Planning Commission shall be final.
3. 3.
   Preliminary Development Plan Criteria. The criteria for consideration of a preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district shall be the criteria set forth in 18.140.200 A.5. above.
4. 4.
   Appeals.

   1. a.
      By Applicant. The applicant may appeal the Planning Commission’s decision for a preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote.
   2. b.
      By Neighboring Property Owners. The owners of 20% of the total property within the area required to be notified by subsection B2. above (applying the notice requirement of 18.140.180), excepting public streets and ways, may appeal the Planning Commission’s approval of a preliminary development plan or a revised preliminary development plan for a non-residential use in a residential district to the Governing Body by filing a petition for appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. Verification of the genuineness and correctness of the signatures on the petition for appeal, either individually or collectively, shall be made by a person who has signed the petition. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. Withdraw of a petition for appeal or any signature thereon may be made in the same manner as set forth in 18.140.150 C.3.
5. 5.
   Combined Preliminary and Final Development Plan. With the Director’s consent, final development plans for non-residential uses in residential districts may be combined with the (revised) preliminary development plan provided that all information required by both 18.140.190 and 18.140.210 is submitted with the plan. Where a combined preliminary and final development plan is submitted, it shall be considered in accordance with the provisions of B.2 above.

1. 1.
   A small key map indicating the location of the property within the City.
2. 2.
   A site plan including the following:

   1. a.
      Finished grades or contours for the entire site at two-foot contour intervals.
   2. b.
      All existing and proposed adjacent public right-of-way with centerline location.
   3. c.
      All existing and proposed adjacent public street and public drive locations, widths, curb cuts and radii.
   4. d.
      Location, width and limits of all existing and proposed sidewalks.
   5. e.
      Location, size and radii of all existing and proposed median breaks and turning lanes.
   6. f.
      Distance between all buildings, between buildings and property lines and between all parking areas and property lines.
   7. g.
      Location of all required building and parking set-backs.
   8. h.
      Location, dimensions, number of stories and area in square feet of all proposed buildings.
   9. i.
      Area of land on site plan in square feet or acres.
   10. j.
       Limits, location, size and material to be used in all proposed retaining walls.
   11. k.
       Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
   12. l.
       Location, height, candle power and type of outside lighting fixtures for buildings and parking lots.
   13. m.
       Location, size, type of material and message of all proposed monument or detached signs.
   14. n.
       Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.
   15. o.
       Preliminary design and location of all proposed storm drainage conveyance, detention and treatment facilities and locations of existing drainage facilities.
3. 3.
   Building elevations including the following:

   1. a.
      Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.
   2. b.
      Size, location, color and materials of all signs to be attached to building exteriors, unless private sign criteria have previously been approved by the Planning Commission.
   3. c.
      Location, size and materials to be used in all screening of rooftop mechanical equipment.
   4. d.
      Building sections.
4. 4.
   Floor plans indicating dimensions and areas of all floors within proposed buildings.
5. 5.
   Landscaping and screening plans as required by 18.450.040, which include:

   1. a.
      Size, species, location and number of all proposed landscape materials.
   2. b.
      Notation of all areas to be seeded or sodded.
   3. c.
      Location, size and materials to be used for all screening, including screening of outside trash enclosure areas.

1. 1.
   Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat or by the filing of the final development plan pursuant to 18.150.070F.
2. 2.
   A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary development plan.
3. 3.
   Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.
4. 4.
   Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.
5. 5.
   Proof of filing of the statement required by 18.140.230.
6. 6.
   Assurances of adequate public facilities as required by 18.100.070.

1. 1.
   No Modification or Non-Substantial Change. A final development plan which contains no modifications or additions or which contains modifications but is in substantial compliance with the approved preliminary development plan shall be approved by the Planning Commission if the Commission determines that:

   1. a.
      All relevant new details are provided;
   2. b.
      All applicable standards are satisfied and deemed to be adequate, including but not limited to the landscaping and screening plan, lighting, architecture, and other factors not considered with the preliminary development plan; and 
   3. c.
      All other submission requirements and required stipulations have been satisfied. 
      The Planning Commission's decision shall be made with a simple majority vote.  
2. 2.

   Substantial Change. In the event of a determination that the proposed final development plan is not in substantial compliance with the approved preliminary development plan or that it contains “substantial or significant changes,” the applicant shall not proceed with its final development plan application but shall instead be required to make an application for a revised preliminary plan pursuant to 18.140.200

3. 3.

   Appeals. 

   1. a.
      The determination of the Director of whether a proposed final development plan: (i) contains modifications; (ii) is not in substantial compliance with the approved preliminary development plan; or (iii) contains “substantial or significant changes,” may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the date of the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote, and its decision will be final.
   2. b.
      The Planning Commission’s disapproval of non-substantial changes to a final development plan may be appealed to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. 

1. 1.
   North arrow and scale.
2. 2.
   Legal description.
3. 3.
   The proposed name of the subdivision and the names of adjacent subdivisions.
4. 4.
   The boundary lines of the tract with approximate dimensions.
5. 5.
   The general pattern and sizes of proposed lots and tracts.
6. 6.
   The general location, width and alignment of existing and proposed streets, alleys and sidewalks.
7. 7.
   Conceptual locations, types and sizes of all storm drainage conveyances, detention and treatment facilities.
8. 8.
   All platted or existing streets and property lines or land adjacent for a distance of not less than 400 feet.
9. 9.
   Topography of the area contained in the plat shown by two-foot or five-foot contour intervals.
10. 10.
    Approximate gradients of proposed streets within the plat.
11. 11.
    Description of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces, right-of-way widths, and dimensions of any bridges or culvert.
12. 12.
    Location of the 100-year floodplain and special flood hazard areas.
13. 13.
    The proposed use of land, whether for single-family, multi-family, commercial, industrial, parks, schools, etc.
14. 14.
    Indication of the ground floor area classification for residential subdivisions.
15. 15.
    Name and address of landowner.
16. 16.
    Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plat.
17. 17.
    Date of preparation of the plat.
18. 18.
    Signature block for appropriate City officials.

1. 1.
   All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section 18.140.040.
2. 2.
   Assurances of adequate public facilities as required by Section 18.100.070.
3. 3.
   For residential subdivisions in Districts R-1, R-1A and R-2, a master fence/screening plan as required by Section 18.460.220.
4. 4.
   A current title report (less than 90 days old) together with legible copies of all pertinent exception documents; or a copy of a current American Land Title Association (ALTA) survey; or both as directed by the City.

1. 1.
   The proposed preliminary plat conforms to the requirements of 18.460, the applicable zoning district regulations and any other applicable provisions of the Unified Development Ordinance​​​​​​​, subject only to acceptable rule exceptions.
2. 2.
   The subdivision represents an overall development pattern that is consistent with the ​​​​​​​Comprehensive​​​​​​​ Plan and the Official Street Map.
3. 3.
   The plat contains a sound, well-conceived parcel and land subdivision layout which is consistent with good land planning and site engineering design principles.
4. 4.
   The spacing and design of proposed curb cuts and intersection locations is consistent with good traffic engineering design and public safety considerations.
5. 5.
   All submission requirements have been satisfied.

1. 1.
   North arrow and scale.
2. 2.
   Legal description.
3. 3.
   The name of the subdivision and adjacent subdivisions.
4. 4.
   A system of lot and block numbers in orderly sequence.
5. 5.
   The names of streets which shall conform to the existing pattern.
6. 6.
   A boundary survey of third order surveying accuracy (maximum closure error one in 5,000) with bearings and distances referring to section or fractional section corners or other baseline shown on the plat and readily reproducible on the ground.
7. 7.
   The dimensions, in feet and decimals of feet, of setback lines along front and side streets and the location and dimension of all necessary easements, including, but not limited to, those specified in Section 18.460.235.
8. 8.
   Certification of dedication of all streets, highways and other rights-of-way or parcels for public park or other public use, signed by the owners and all other parties who have a mortgage or lien interest in the property.
9. 9.
   A statement on the plat concerning utility easements as follows:

   An easement or license to enter upon, locate, construct, use and maintain or authorize the location, construction or maintenance and use of conduits, water, gas, sewer pipes, poles, wires, drainage facilities, irrigation systems, ducts and cables, and similar facilities, upon, over and under these areas outlined and designated on this plat as "Utility Easement" or "U/E" is hereby granted to the City with subordinate use of the same by other governmental entities and public utilities as may be authorized by state law to use such easement for said purposes. Utility easements shall be kept clear of obstructions that impair the strength or interfere with the use and/or maintenance of public utilities located within the easement.

10. 10.
    A statement on the plat concerning drainage easements as follows:

    An easement or license to enter upon, locate, construct, use and maintain or authorize the location, construction, maintenance or use of conduits, surface drainage facilities, subsurface drainage facilities, and similar facilities, upon, over and through those areas outlined and designated on this plat as “Drainage Easement” or “D/E” is hereby granted to the City. Drainage easements shall be kept clear of obstructions that impair the strength or interfere with the use and/or maintenance of storm drainage facilities.

11. 11.
    A statement on the plat concerning prior easement rights as follows:

    The undersigned proprietor of said property shown on this plat does hereby dedicate for public use and public ways and thoroughfares, all parcels and parts of land indicated on said plat as streets, terraces, places, roads, drives, lanes, parkways, avenues and alleys not heretofore dedicated. Where prior easement rights have been granted to any person, utility or corporation on said parts of the land so dedicated, and any pipes, lines, poles and wires, conduits, ducts or cables heretofore installed thereupon and therein are required to be relocated, in accordance with proposed improvements as now set forth, the undersigned proprietor hereby absolves and agrees to indemnify the City from any expense incident to the relocation of any such existing utility installations within said prior easement.

12. 12.
    Location and elevations of the 100-year floodplain for all lots thereby affected shall be shown and shall include calculations.
13. 13.
    Tracts or easements designating location of fencing/screening for R-1, R-1A and R-2 subdivisions adjacent to thoroughfares or super-collectors, unless there is a separate tract designated as a hike/bike trail, consistent with the approved preliminary plat.
14. 14.
    Certification by a registered land surveyor to the effect that the plat represents a survey made by him or her.
15. 15.
    Name and address of landowner.
16. 16.
    Name and address of the land surveyor preparing the plat.
17. 17.
    Date of preparation of the plat.
18. 18.
    Signature block for appropriate City officials.

1. 1.
   Documentation assuring permanent responsibility for the maintenance of the fence/screening tracts or easements.
2. 2.
   Assurances of adequate public facilities as required by Section 18.100.070. Where development on septic tanks has been approved, the results of septic tank percolation tests performed by a licensed engineer or competent professional testing company shall be submitted. If such tests indicate that the public health, safety and general welfare will be adversely impacted, the applicant shall submit a second study which indicates what measures or alternative sanitary waste treatment will take place. In any event, the Planning Commission may deny the final plat or portion thereof if adequate measures cannot be provided to safely handle sanitary waste with the use of septic tanks on each lot.
3. 3.
   Upon request by the City, a current title report (less than 90 days old) together with legible copies of all pertinent exception documents, or a copy of a current American Land Title Association (ALTA) survey, or both.
4. 4.
   Calculation documents containing the following data: coordinates of the plat boundary; square feet of each lot, tract and right-of-way; and the unadjusted error of closure of the field traverse that established the plat.

1. 1.
   The final plat substantially conforms to the approved preliminary plat and rule exceptions granted thereto.
2. 2.
   The plat conforms to all applicable requirements of the Code, subject only to approved rule exceptions.
3. 3.
   All submission requirements have been satisfied.

1. 1.
   Due and legal notice has been given by publication as required herein.
2. 2.
   No private rights will be injured or endangered by the vacation.
3. 3.
   The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted.

1. 1.
   That the variance requested arises from a condition which is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action or actions of the landowner or the applicant.
2. 2.
   That the granting of the variance will not adversely affect the rights of adjacent landowners or residents.
3. 3.
   That the strict application of the provisions of this ordinance would constitute unnecessary hardship upon the landowner represented in the application.
4. 4.
   That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
5. 5.
   That granting the variance will not be opposed to the general spirit and intent of this ordinance.

1. 1.
   If there was final action (either approval or denial) on the prior application, the 6-month period shall run from the date of such action.
2. 2.
   If the prior application was withdrawn after being advertised for public hearing, the 6-month period shall run from the date the application was withdrawn.