For the purposes of this section:
(1) A change to a less intensive use shall be defined as:
(i) a change in use of a site or structure in which the Development Code requires less parking for the proposed new or modified use; or
(ii) that the operational characteristics of the proposed new or modified use are such that they generate less activity on the site, or result in a decrease in the number of days or hours of operation of the site.
(2) A change to a more intensive use shall be defined as:
(i) change in use of a site or structure in which the Development Code requires more parking for the proposed new or modified use; or
(ii) that the operational characteristics are such that they generate more activity on the site, or result in an increase in the number of days or hours of operation of the site.
In any Zoning District, except as expressly exempted below in Section 20-1305(c), an administratively reviewed and approved site plan shall be required for:
(1) Minor Development Projects
Any development proposing the minor modification of a site which does not meet the criteria for a Standard or Major Development Project, or the proposed change in use to a less intensive use on a site which has an approved site plan on file with the Planning Office. Only sites which have an existing approved site plan on file which reflects existing site conditions are eligible for review as a Minor Development Project.
(i) Requirements of Site Plan Review
(a) Amendments to an approved site plan depicting the proposed modification or improvements; and
(b) Verification that the use is permitted by zoning; and
(c) Verification that adequate parking is available.
(ii) Public Notice
The public notice procedures of Sec. 21-1305(g) are not applicable.
(iii) Compliance with City Codes
(a) Only those improvements or modifications proposed and approved as a Minor Development Project review are required to be compliant with the standards of this Development Code and/or the Commercial Design Standards.
(b) Existing conditions of the site are not required to become compliant with all standards of this Development Code and/or the Commercial Design Standards other than those standards which are deemed necessary, by the Planning Director, to ensure the health, safety and welfare of the public and/or user of the site.
(2) Standard Development Projects
Any development proposing the modification of a site which does not have an approved site plan on file with the Planning Office, or a change in use on a site with an approved site plan on file with the Planning Office which meets the following criteria or proposes the following:
(a) Any change in use to a more intensive use; or
(b) A change in use to a less intensive use on a site without an approved site plan on file with the Planning Office; or
(c) A modification to a site which alters the Parking Area, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns; or
(d) A development in commercial zoning districts including redevelopment or modifications to the exterior style, design or material type of a structure that is subject to the Commercial Design Standards; or
(e) An outdoor dining use in the CD and CN1 zoning districts and any outdoor dining use located in any other zoning district that would result in an increase of the number of parking spaces required; or
(f) The construction of one or more new buildings with a Gross Floor Area of 1,499 square feet or less; or
(g) The construction of additions with a Gross Floor Area of 1,499 square feet or less, or less than twenty percent (20%) of the existing building; or
(h) The installation or addition of less than 1,499 square feet of Impervious Surface coverage; or
(i) Any modification to an approved site plan on file with the Planning Office which proposes an adjustment to the total land area of the site plan, if determined necessary by the Planning Director.
(i) Requirements of Site Plan Review
(a) For sites without an existing approved site plan a site plan meeting all the specifications of Sec. 20-1305(f) must be submitted for administrative review.
(b) For sites with an approved site plan on file at the Planning Office, the existing plan if determined appropriate by the Planning Director, may be amended.
(ii) Public Notice
The public notice procedures of Sec. 20-1305(g) are applicable.
(iii) Compliance with City Codes
(a) Those improvements or modifications proposed and approved by Standard Site Plan review are required to be compliant with the standards of this Development Code and/or the Commercial Design Standards.
(b) Other features of the site may be required to become compliant with all standards of this Development Code and/or the Commercial Design Standards as determined by the Planning Director in order to ensure the health, safety and welfare of the public and/or user of the site.
(3) Major Development Projects
Any development proposing the following:
(a) Any modification to a site that alters parking lots, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns, that the Planning Director determines to be significant; or
(b) Any Significant Development Project; defined as:
(1) The construction of one or more new Buildings with a gross Floor Area of 1,500 square feet or more;
(2) The construction of additions with a gross Floor Area of 1,500 square feet or more, or twenty percent (20%) or more, of the existing Building;
(3) Separate incremental additions below the 1,500 square feet or 20% amount if the aggregate effect of such Development Activity over a period of 18 consecutive months would trigger the 1,500 square feet or 20% threshold;
(4) The alteration or intensification of any use that increases off-Street Parking requirements pursuant to Article 9; or
(5) The installation or addition of more than 1,500 square feet of impervious site cover.
(i) Requirements of Site Plan Review
Submitted site plans shall meet all the specifications of Sec. 20-1305(f).
(ii) Public Notice
The public notice procedures of Sec. 20-1305(g) are applicable.
(iii) Compliance with City Codes
Full compliance with all City Codes including this Development Code and the Commercial Design Standards is required, unless otherwise determined by the Planning Director.
The following are expressly exempt from the Site Plan Review procedures of this section:
(1) changes to Detached Dwelling(s) or Duplex(es), as well as site improvements on Lots containing Detached Dwelling(s) and Duplex(es). However, if such types of Dwellings are designed to form a complex having an area of common usage, such as a Parking Area or private recreational area, and such complex contains a combined total of four (4) Dwelling Units or more, Site Plan Review is required;
(2) changes to developments for which plans have been reviewed and approved pursuant to the Special Use or Planned Development procedures of this Development Code. This provision is intended to clarify that Site Plan Review is not be required for projects that have received equivalent review through other Development Code procedures;
(3) changes expressly exempted from Site Plan Review process by the underlying Zoning District;
(4) changes that could be considered ordinary maintenance, and which do not change the exterior style, design, or material type; or
(5) changes otherwise exempted from Site Plan Review by state or federal law.
A pre-application meeting with the Planning Director is required at least 7 Working Days prior to the formal submission of a Site Plan application. See Sec. 20-1301(d).
Site Plan Review applications shall be filed with the Planning Director. At the time of submittal and payment of fees, the applicant shall submit the required number of legible and complete site plans requested at the pre-application meeting, not to exceed a total of 30 site plans.
(1) A site plan shall:
(i) Be prepared by an architect, engineer, landscape architect, or other qualified professional and show the name, business address and licensing information for that professional in the information block on each sheet;
(ii) Be prepared at a scale of one inch equals 30 feet or larger for sites of five or fewer acres and be prepared at a scale of one inch equals 40 feet for sites over five acres;
(iii) Be arranged so that the top of the plan represents north or, if otherwise oriented, is clearly and distinctly marked;
(iv) Show boundaries and dimensions graphically, and contain a written legal description of the property; identification of a known vertical & horizontal reference mark approved by the city engineer; and, show a written and graphic scale;
(v) Show existing public and private Street system, platted or unplatted Ownership, type and location of Structures, curb cuts on adjacent properties and along the opposite side of the Street.
(vi) Show topography extending 100 feet beyond the outside boundaries of the proposed site plan for sites that are not adjacent to existing development and show topography extending 50 feet beyond the outside boundaries of the proposed site plan for infill development sites;
(vii) Show the present and proposed topography of the site. For a site on which a Building has previously existed, the site plan shall show field-surveyed spot elevations for at least five points per 10,000 square feet. For a site on which no Building has previously existed, the site plan shall show field-surveyed and verified contour lines at intervals of not more than two feet;
(viii) Show the location of existing utilities and Easements on and adjacent to the site including power lines, telephone lines, & gas lines. Show the vertical elevation (if available) and horizontal location of existing sanitary sewers, water mains, storm sewers and culverts within and adjacent to the site. The location of ground mounted transformers and air conditioning units shall be shown on the site plan and such units shall be Screened if visible from the Street or when adjacent to a Structure on an adjoining Lot(s). In any instance, the location of such units shall occur behind the Front and Side Setback lines as set forth in Sec. Error! Reference source not found., in the Density and Dimensional Standards Tables;
(ix) Show, by use of directional arrow, the proposed flow of storm drainage from the site. Provide the supplemental stormwater information required by City Regulations, and provide on the site plan a site summary table which indicates: the area (in sq. ft.) and percentage of the site proposed for development as a Building(s); development as a paved surface; undeveloped and planted with grass, Ground Cover, or similar vegetative surface.
(x) Show the location of existing and proposed Structures and indicate the number of stories, Floor Area, and entrances to all Structures;
(xi) Show the location and dimensions of existing and proposed curb cuts, Access aisles, off-Street Parking, loading zones and walkways;
(xii) Indicate location, Height, and material for Screening walls and fences;
(xiii) List the type of surfacing and base course proposed for all Parking, loading and walkway areas;
(xiv) Show the location and size, and provide a landscape schedule for all perimeter and interior Landscaping including grass, Ground Cover, trees and Shrubs;
(xv) Show both Gross and Net public areas for proposed offices and commercial establishments. The proposed use, the required number of off-Street Parking Spaces, and the number of off-Street Parking Spaces shown shall be listed on the site plan. If the exact use is not known at the time a site plan is submitted for review, the off-Street Parking requirements shall be calculated by the general use group using the greatest off-Street Parking requirement of that use group;
(xvi) Show the proposed location, direction and amount of illumination of proposed lighting. Provide information on Screening proposed for the lighting and steps taken to prevent glare.
(xvii) Designate a trash storage site on each site plan or a note explaining how refuse removal will be handled. The size of the trash storage receptacle, its location and an elevation of the enclosure shall be approved by the Director of Public Works prior to approval of the site plan. If a modification to the location of the trash storage area is required during the construction phase, both the Planning and Public Works Directors must approve the modification before it occurs.
(xviii) For CN2, CC and CR Districts, be prepared for all of the contiguous area in that Zoning District under the same Ownership. If the entire site is not proposed for development in the immediate future, then the initial Site Plan application shall contain a proposed phasing schedule, showing which sections of the property shall be developed in which order and showing in which phases the Easements, Driveways, Parking Areas and Landscaping will be included. The review body may require adjustments in the provision of Easements, Driveways, Parking Areas and Landscaping among the various phases as a condition of approval;
(xix) Provide at least one north-south and one east-west elevation of the property from the Street right-of-way (property line) at a reasonable scale to illustrate Building shape, Height, and Screening proposed and to determine compliance with the Commercial Design Standards and Guidelines.
(2) A note shall be provided on the site plan for a public or governmental Building(s) and facility(ies) indicating that it has been designed to comply with the provisions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for Buildings and facilities, appendix A to 28 CFR Part 36.
(3) If the site plan is for a multiple-Family residential Structure containing at least four (4) Dwelling Units, a note shall appear on the site plan indicating it has been designed to comply with the minimum provisions of the Final Fair Housing Accessibility Guidelines, 24 CFR, Chapter 1, Subchapter A, Appendix II, of the Fair Housing Act of 1968, as amended.
(4) A photometric plan, pursuant to Sec. 20-1103(c) shall be required for site plan approvals. Light sources shall be shielded to prevent point source glare from adjacent properties or Streets.
(1) Notice of the proposed site plan shall be posted on the property covered by the site plan, in accordance with Sec. 20-1301(q)(4). In addition, written notice of the proposed site plan shall be mailed to the Owner of record of all property adjoining the subject property, and to all Registered Neighborhood Associations whose boundaries include the subject property or are adjacent to the neighborhood the subject property is located in. For purposes of this provision, “adjoining property” includes all property that touches the subject property, including the right-of-way of the subject property. The notice shall be sent by the applicant by regular mail, postage pre-paid. The applicant shall submit a Certificate of Mailing at the time of submission of the Site Plan application. An application for Site Plan Review will not be considered complete without an executed Certificate of Mailing. The notice shall provide:
(i) a brief description of the proposed Development Activity;
(ii) the projected date for construction of the proposed use;
(iii) the person, with contact telephone number and address, designated by the applicant to respond to questions concerning the proposed site plan;
(iv) the date the site plan application will be submitted to the Planning Director for review; and a Statement with substantially the following information:
Notice of Site Plan Review pending before the Lawrence Douglas County Planning Director.
This letter is being sent to the Owner of property adjoining, or a Registered Neighborhood Association encompassing, the proposed development described further in this letter. It is being sent for the purpose of informing the notified person and other interested parties about the proposed development. This letter does not grant the recipient and/or Landowner any legal rights to challenge the proposed development; instead, it is being provided solely to advise adjoining Landowners of the pending proposed development. For further information, contact the applicant's designated representative at (xxx) xxx-xxxx or the Lawrence-Douglas County Planning Office at (785) 832-XXXX.
(2) The failure to receive notice of Site Plan Review by an adjoining Landowner or Registered Neighborhood Association will not affect the validity of Site Plan approval or review.
The Planning Director will review each Site Plan application and, within 30 days, the Planning Director shall take one of the following actions:
(1) approve the Site Plan application;
(2) identify those modifications that would allow approval of the Site Plan application;
(3) approve the Site Plan application with conditions; or
(4) disapprove the Site Plan application.
Notice of the decision, including the Planning Director’s findings and basis for decision in light of the criteria of Sec. Article 1. 20-1305(j), shall be mailed to the applicant and all other parties who have made a written request for notification.
In order to be approved, a Site Plan shall comply with all of the following criteria:
(1) the site plan shall contain only platted land;
(2) the site plan shall comply with all standards of the City Code, this Development Code and other adopted City policies and adopted neighborhood or area plans;
(3) the proposed use shall be allowed in the District in which it is located or be an allowed nonconforming use;
(4) vehicular ingress and egress to and from the site and circulation within the site shall provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well and shall also conform with adopted corridor or Access Management policies; and,
(5) the site plan shall provide for the safe movement of pedestrians on the subject site.
Appeals of the Planning Director’s decision on a Site Plan application may be taken to the City Commission by filing a notice of appeal with the Planning Director. Appeals shall be filed within 9 days of a decision to approve or disapprove a Site Plan application.
(1) the applicant;
(2) the City Commission;
(3) the neighborhood association for the neighborhood the site plan is located in or is adjacent to; or
(4) record Owner of all adjoining property, as the term “adjoining property” is defined in Sec. 20-1305(g).
(1) The City Commission shall consider the appealed Site Plan decision as a new matter, inviting public comment before acting on the original application. Newspaper and mailed notice of the City Commission’s meeting shall be provided a minimum of 14 days prior to the Commission’s meeting.
(2) After considering the matter, the City Commission shall act on the original Site Plan application, applying the criteria of Sec. (j), taking action as provided in Sec. (h) and giving notice of its decision as provided in Sec. 20-1305(i).
(1) An applicant who wishes to alter or revise an approved Site Plan shall contact the Planning Director.
(2) The Planning Director is authorized to approve, without public notice, any modification that complies with the approval criteria of Sec. (j) as long as the Planning Director determines that the proposed modification does not represent a material change that would create a substantial adverse impact on surrounding Landowners.
(3) Any other modification may be approved only after re-notification in accordance with Sec. 20-1305(g). The action of the Planning Director on such an application shall be reported in a staff report at the next meeting of the City Commission and shall be appealable by any party aggrieved within 15 days of such meeting, in accordance with the appeal procedures of Sec. Error! Reference source not found..
(1) In the event the Landowner fails to file an application for Building Permit within 18 months after final approval of the Site Plan has been granted, then such Site shall expire in accordance with the following provisions:
(i) For good cause shown, the expiration date may be extended by the City Commission for a period not to exceed 6 months. The application for extension or modification may be made by letter to the Planning Director and will be considered only if received before the expiration date of the Site Plan. The Planning Director shall place such request, with any recommendation of the Planning Director on the agenda of the City Commission.
The Planning Director
shall notify the applicant by mail of the date of the proposed consideration by
the City Commission. On that date, the City Commission shall hear from the applicant and the Planning Director and
may hear from other interested parties. Only one such extension may be
granted;
(ii) No action by the City shall be necessary to cause the Site Plan to expire. Its expiration shall be considered a condition of the original approval. After the expiration date, or extended expiration date, any further application for a Building Permit or for other Development Activity on the site shall be considered as though the Site Plan had not been granted.
(2) Approval of a Site Plan does not, in itself, vest any rights under K.S.A. Sect. 12-764. Rights vest only after the related Building Permit is issued and substantial construction is begun in reliance on that permit.
(3) Rights in an entire Site Plan shall vest under K.S.A. Sec. 12-764 upon timely issuance of an initial Building Permit and completion of construction in accordance with that Building Permit, or upon timely completion of substantial site improvements in reliance on the approved Site Plan.