No building permit shall be issued, other than for a detached single-family residence, a duplex not part of a planned unit development, or for structures accessory thereto, for construction or use in any zone, except for a building or use that is in conformity with a site plan approved by the Planning Commission and no Certificate of Occupancy shall be issued until all of the requirements of this section and all other applicable provisions of this title have been met.

An application for site plan approval shall be submitted to the planning department prior to the deadline established for the meeting of the Planning Commission at which consideration is requested by the property owner or his agent. Eighteen (18) copies of the site plan and the applicable fee approved by the Governing Body and listed in the latest City of Shawnee Policy Statement Code (PS-56), payable to the City, shall accompany the application.

(Ord. 3311, 2019)

An applicant may select a site plan approval option that will provide for the approval of a preliminary site plan, and the subsequent approval of a final site plan(s). A second option is to request approval of a site plan without a two-step process. The second options in available when the applicant is requesting rezoning to a traditional zoning district, or no rezoning is required. Pursuant to the requirements for Planned Unit developments, a preliminary site plan is required to be considered with the rezoning request, and final site plans approved or in part after the property has been rezoned.

The Planning Commission shall review a complete application for a site plan within ninety (90) days of submittal, unless the applicant has requested in writing to staff that an extension in time for consideration be granted. Additionally, the Planning Commission and applicant may mutually agree to a revised timeline for consideration of the site plan application. If no decision is made by the Planning Commission within such ninety-day period, or period requested by the applicant, or mutually agreed upon by the Planning Commission and the applicant, the site plan shall be considered approved. The Planning Commission shall approve or disapprove, or approve subject to compliance with such modifications or conditions as it may deem necessary to carry out the purpose of these regulations, the external design and site plan for all developments in accordance with the provisions of this chapter. The Planning Commission shall impose such conditions as are necessary to carry out policies adopted by ordinance, or resolution, or policy statement of the Governing Body.

A.

When acting upon an application the Planning Commission may consider the proposed site plan in relation to the provisions and intent of this title, the Comprehensive Plan and such policies as may be adopted by the Planning Commission or Governing Body. In addition, the Planning Commission shall give important consideration during the review process to the following guidelines for approval:

1.

Site Planning.

a.

The existing natural topographic and landscape features of a site shall be incorporated into a development plan, wherever possible.

b.

Buildings and open spaces shall be in proportion and scale with existing structures and spaces in the surrounding area.

c.

A site shall not be so overcrowded as to cause unbalanced relationships of buildings to open space. Open space areas shall not be unduly isolated from one another by unrelated physical obstructions such as buildings and paved vehicular areas, but instead shall be linked by open space corridors of reasonable width.

d.

Buildings shall be sited in an orderly nonrandom fashion. Excessively long unbroken building facades shall be avoided.

e.

All areas not otherwise occupied by structures or paved areas shall be landscaped. Landscape plans for developments with ground floor areas in excess of ten thousand (10,000) square feet shall be prepared by a professional landscape architect, licensed in the State of Kansas or an experienced landscaper.

f.

Sites shall be lighted with fixtures, when required, which relate to the scale and design of the development and which have an intensity high enough to maintain security and low enough to avoid being a nuisance.

g.

Habitable spaces shall be oriented with due regard to sun, prevailing wind, desirable vistas and nearby land uses.

h.

The floor plans of residential units shall have proper orientation, access and view to adjacent private and public open space.

i.

The intrusion of motor vehicles into the privacy of residential environments shall be minimized while maintaining the convenience of access between units and parking areas.

j.

Paved areas shall be only as large as necessary to serve parking, circulation and open space needs and their appearance shall be enhanced by landscaping. Carports and garages of residential projects shall enhance the parking areas by their design. Monotonous, extended or unbroken parking areas, driveways and carport structures shall be avoided. Parking structures and areas shall be separated from residential buildings by landscaped areas, unless the parking structure is incorporated into the building.

k.

The interior circulation of the site shall be designed to provide for the convenient and safe flow of traffic on the site and on to public streets.

l.

Adequate landscaping and screening shall be provided to minimize any potential nuisance features of the use of the site on adjacent residential areas.

2.

Architectural Design.

a.

Commercial, office, and industrial buildings shall be constructed in conformance with the appropriate Commercial Building Design Standards, Office Building Design Standards, and Industrial and Office/Warehouse Building Design Standards adopted by the Planning Commission and in effect at the time the building exterior elevations are considered for approval by the Planning Commission.

b.

Multifamily dwelling structures shall be arranged in identifiable clusters and shall not be of excessive length. Where feasible, building façade offsets shall be provided.

c.

Decorative devices shall not be used to conceal poor design.

3.

Feasibility Study.

a.

In consideration of any proposed site plan, the Planning Commission may consider existing conditions, trends in future growth, building development, and economic activity, among other factors pertinent to the proposed development.

b.

In the consideration of such trends and conditions, a market feasibility study may be required of the applicant to demonstrate that the proposed development is an orderly and beneficial development to the City.

B.

The Planning Commission may require such public and private improvements, including but not limited to, off-site street and storm drainage improvements, as deemed necessary and recommended by the City Engineer as a condition of approval of a site plan.

1.

No site plan shall be approved unless the development site has frontage on an existing street or a new street shown on a preliminary plat considered and approved by the Planning Commission simultaneously with the site plan.

2.

When a development site fronts on an existing street that is not suitably improved with curb and gutters, the Planning Commission upon recommendation of the City Engineer, may require that applicant to improve the half of the street adjoining the development site. Such improvements may include, but not be limited to, turn lanes, bicycle lanes, recreational trails, sidewalks, storm drainage facilities, streetlights, etc. The new pavement shall be graded and blended into the existing paved street in a manner resulting in a continuous street from the newly constructed curb and gutter to the center of the existing street.

3.

All proposed driveway intersections along the frontage of a development site shall align, whenever practicable, with other existing street or driveway intersections on the opposite side of the street. On a local or minor collector street, the separation between both offset intersections on opposite side of the street shall be a minimum of one hundred fifty (150) feet, measured along the street centerline. The centerline offset for intersections along streets having a higher functional classification shall be as determined by the Planning Commission, upon the recommendation of the City Engineer.

4.

Additional right-of-way shall be dedicated for any development site having a frontage on an existing street, which does not comply with the width required by these regulations. Right-of-way in excess of the standard for a particular street classification shall be dedicated whenever additional width is required due to topography, bicycle lanes, recreational trails, medians, turning lanes, or other street improvements as determined by the Planning Commission upon the recommendation of the City Engineer. Unless additional right-of-way is required on the opposite side of the street for a left-turn lane, only one-half (½) of the required right-of-way width, measured from the centerline, must be dedicated adjacent to the development site.

5.

All public storm drainage facilities shall be placed in a street right-of-way, whenever feasible, or in an unobstructed, perpetual drainage easement of appropriate width.

6.

All street and stormwater drainage improvements shall be designed and constructed in accordance with the standards and specifications most recently adopted by the Governing Body in the document entitled Shawnee Design Manual.

C.

Public Improvement Permit. Where public improvements are required as set forth in subsection B of this section, the applicant is required to obtain a Public Improvement Permit for the construction of those improvements. Upon approval of the site civil construction plans prepared by a professional engineer, licensed in the State of Kansas, for the approved site plan, the applicant shall submit a copy of the contractor's bid proposal identifying the total construction cost of all public improvements to the City Engineer, who shall review the proposal and determine the amount required for the bonds and inspection fee. An application for a permit shall be submitted to the City Engineer with the following items.

1.

Performance and Maintenance Bond. The City's standard bond form (or its successor) entitled "Public Improvement Performance and Maintenance Bond" shall be used.

2.

Inspection Fee. The applicant shall pay to the City Clerk or designee an inspection fee as approved by the Governing Body and listed in the latest City of Shawnee Policy Statement Code (PS-56), as amended.

3.

Certificate of Insurance. The applicant is responsible for maintaining such insurance coverage as established by the Governing Body in Policy Statement PS-27, as amended. The applicant shall submit to the City Engineer a certificate of insurance indicating the applicant's current insurance coverage, which shall remain in effect until the date of completion and initial acceptance of the public improvements by the City.

D.

Certificate of Occupancy. No Certificate of Occupancy shall be issued for the development site until the construction of all public and private improvements shown upon the approved site civil construction plans, including all off-site public improvements required by the Planning Commission, have been completed, the private improvements found acceptable, and the initial acceptance of the public improvements by the City.

(Ord. 3311, 2019)

The Planning Commission may, on its own initiative, propose a general or specific site plan for a particular area where site plan approval may be required in the future, using the requirements of this title as a guide.

When an applicant selects or is required to comply with the preliminary site plan and final site plan options, the following information is required to be submitted.

A.

Preliminary Site Plan. An application for a preliminary site plan shall contain the information in the Preliminary Site Plan Guide and Checklist as well as additional information that may be requested by City staff or the Planning Commission. The preliminary site plan shall include all the property to be rezoned or developed.

B.

Final Site Plan. An application for a final site plan shall contain the information in the Final Site Plan Guide and Checklist, as well as additional information that may be requested by City staff or the Planning Commission.

An application for a site plan shall contain the information in the Site Plan Guide and Checklist as well as additional information that may be requested by City staff or the Planning Commission. A copy of any covenants or deed restrictions, which are intended to cover all or any part of the site shall also be submitted.

A property owner or their agent shall submit to the Planning Commission a conceptual site plan for the remainder of the property for which a site plan has been submitted for approval. Planning Commission action on a conceptual site plan shall not bind the Planning Commission to similar action on the subsequent site plan, but shall only indicate to the property owner the Planning Commission's recommendations.

An applicant wishing to change an approved site plan or final site plan must contact the Community Development Department. If the proposed changes are of a nature that the revised site plan will be substantially similar to the approved site plan, the Community Development Director, or agent may approve the site plan change. If the proposed changes substantially rearrange use group types, parking, landscaping, drainage, lighting, etc., then the applicant must apply to the Planning Commission for approval of the revised site plan.

The Planning Commission may consider an extension for an approved site plan or final site plan if no building permit has been issued within two (2) years from the date of approval of the site plan for developments not located in a Planned Unit Development District. In the event the site plan becomes part of any litigation, the two-year period shall begin on the date a final judgment is issued. However, no extension will be required if public or private improvements related to the site plan approval are under construction or have been completed. Upon review, the Planning Commission may amend or modify the site plan to ensure compliance with all City ordinances in effect at the time of the review, and may extend the site plan for a specified period of time.

Unless the applicant applies for and receives an extension from the Planning Commission, an approved site plan or final site plan shall expire upon either of the following conditions:

A.

A new site plan is submitted to and approved by the Planning Commission for the same site as the previously approved site plan; or

B.

No building permit has been issued or no required public or private improvements related to site plan or final site plan approval are either under construction or have been completed within two (2) years from the date of approval of the site plan.

C.

The applicant or property owner has submitted a letter indicating the project will not proceed as approved.