Ord9508.docx

ORDINANCE NO. 9508

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 20, ARTICLE 13, SECTIONS 20-1304, AND 20-1305, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO DEVELOPMENT REVIEW PROCEDURES, AND REPEALING EXISTING SECTIONS 20-1304, AND 20-1305.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter 20, Article 13, Section 20-1304, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

20-1304 PLANNED DEVELOPMENTS

(a) Description

PD, Planned Development Overlay Districts are established through the approval of zoning map amendments, in accordance with the hearing and notice requirements of Section 20-1303. PD zoning map amendments shall only be processed concurrently with a Preliminary Development Plan application. Final Development Plan approval is required after approval of the zoning map amendment and Preliminary Development Plan. This section sets forth the required review and approval procedures for PD Preliminary and Final Development Plans. Development Plans for uses included in the Commercial or Industrial Use Groups of Sections 20-402 and 20-403 shall comply with the Design Standards included in the Community Design Manual adopted by the City Commission on November 16, 2010 by Ordinance No. 8593 and any subsequent amendments thereto. Sections of the Community Design Manual pertaining to site layout will be reviewed with the Preliminary Development Plan and sections pertaining to building detail will be reviewed with the Final Development Plan.

(b) Concurrent Processing

Concurrent submission and processing of Preliminary and Final Development Plans is allowed for a single-use Structure as long as individual plans are submitted that meet the Preliminary and Final Development Plan standards and criteria. All other developments (those that involve multiple Structures or multiple uses) require review and approval of a Preliminary Development Plan before submittal of a Final Development Plan.

Approval of PD Preliminary and Final Development Plans, and recording with the Register of Deeds, shall occur before any Building Permit is issued and before any Development Activity takes place in a PD Overlay District.

(d) Preliminary Development Plans

(1) Application Filing

Preliminary Development Plan applications shall be filed with the Planning Director at the same time as a PD zoning map amendment application. The application shall be accompanied by required fees.

(2) Neighborhood Input

(i) During the design process for the Preliminary Development Plan, the applicant shall make a reasonable effort to meet with individuals, required to be mailed notice under Section 20-1301(q)(3), to present their project in conceptual fashion and to solicit input on the proposed design.

(ii) A statement describing the reasonable effort(s) made to meet with and receive input from individuals required to receive notice shall be submitted with the Preliminary Development Plan application when it is filed for review at the Planning Department.

(3) Application Contents

(i) The application shall include a General Location Map, which shall show the location of the property in relation to at least one intersection of two streets shown as Collector or Arterial Streets on the City’s Major Thoroughfares Map of the Comprehensive Plan.

(ii) The application shall include a statement by the Landowner setting forth the reasons why, in his or her opinion, a Planned Development would be in the public interest and would be consistent with the Developer’s Statement of Intent for Planned Development.

(iii) The Preliminary Development Plan submitted by the Landowner as part of his or her application for tentative approval shall be prepared at a scale no smaller than one inch to 50 feet and shall include all of the area proposed to comprise the Planned Development. The plan and supporting documents shall include the following information:

a. A legal description of the site;

b. The dimensions of all property boundaries;

c. The Owner of record and any other parties having an interest in the proposed development;

d. A topographical survey of the site at an interval of not more than two feet or a more detailed plan if requested by the ~~Public Works~~ Municipal Services and Operations Department;

e. The location of all existing Structures, Easements, utilities, proposed utilities, and public dedication either through, adjacent to or on the site;

f. The 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 and topography extending 100 feet beyond the outside boundaries of the proposed development;

g. The width, Grade, location and ownership of all proposed public and Private Streets and sidewalks in the area to be developed;

h. The use, Height, Floor Area, and approximate location of all proposed Buildings and other Structures;

i. The number of Dwelling Units to be contained in each Building proposed for residential use;

j. The location, dimension and capacity of all proposed off Street Parking Areas in the area to be developed;

k. The location, dimension, acreage, and Ownership of all proposed public and private recreation areas, Open Space and Non-encroachable Areas;

l. Dimensions and notes as deemed necessary to show compliance with the development standards of this Article;

m. A schedule showing the proposed time and sequence within which the applications for final approval of all portions of the Planned Development are intended to be filed. The Planning Commission may either approve or modify the submitted development time schedule. The development phases as shown on the time schedule shall also be indicated on the plan;

n. As part of the development time schedule each phase shall have a summary of the number of units of each type of use, the number of Dwelling Units, the acreage devoted to residential, non-residential, commercial, recreation, Open Space, Non-encroachable Area, streets (both public and private), off-street parking, and other major land uses, Density, public lands (existing and proposed), and the total number of acres contained in each development phase;

o. A summary of the total number of units of each type of use, number of Dwelling Units, the acreage devoted to all major land uses, the acreage of public lands and areas proposed for public Ownership, the acreage of the total area proposed to be developed, and the overall Net Density of the development;

p. A statement as to the feasibility of proposals for the disposition of sanitary waste and storm water, and how all utilities are to be provided including sewerage, water, storm drainage, gas and electricity, and how completion of all improvements is to be guaranteed;

q. A statement as to the form of Ownership proposed to own and maintain the Common Open Space, recreation facilities, Non-encroachable Area and any other area within the area proposed to be developed that is to be retained primarily for the exclusive use and benefit of the residents, lessee and Owner of the Planned Development;

r. A statement as to the substance of the covenants, grants of Easements or other restrictions to be imposed upon the use of the land; Buildings and Structures, including proposed Easements or grants for public utilities;

s. The Landowner shall also submit a tentative dedication clause including dedication of public utility and drainage Easements, street rights-of-way and the following statement: "We hereby dedicate to the City of Lawrence the right to regulate any construction over the area designated as Common Open Space, open air recreation area, and Nonencroachable Area and to prohibit any construction within said areas and spaces inconsistent with the approved use or enjoyment of residents, lessees and Owner of the Planned Development;"

t. A statement specifying those variances, modifications, reductions and waivers being requested as part of the plan approval and setting forth reasons why, in the opinion of the Landowner, such should be allowed;

u. At least one north-south and one east-west elevation across the site to show typical site layout, Grade, etc.; and

v. Submission of a landscape plan in conformance with Section 20-1001(d).

(iv) The plan shall be submitted so as to conform with the requirements for the submission of a Preliminary Plat in the Subdivision Regulations, except where such requirements conflict with the requirements of this Article.

(v) Approval of the Preliminary Development Plan shall constitute approval of a Preliminary Plat. A preliminary plat review fee shall not be required.

(vi) Provide the supplemental stormwater information required by City Regulations, and provide on the development 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. When a development is proposed to be phased, the entire detention basin shall be provided during phase one of the project unless otherwise approved.

(4) Phased Development Schedule

If the applicant proposes to develop a PD in phases, the application shall contain a proposed phasing schedule. In a phased development, Open Space and site amenities shall be apportioned among the phases in proportion to the amount of development occurring in each phase, so that, for example, when the development is 40% complete, 40% of the Open Space and amenities will be complete, transferred to the association or other permanent Owner, and properly restricted as required by this Code.

(5) Public Hearing Notice

Newspaper, posted and mailed notice of the Planning Commission’s public hearing shall be provided in accordance with Section 20-1301(q).

(6) Staff Review/Report

The Planning Director shall review each proposed PD zoning map amendment and Preliminary Development Plan in accordance with the review and decision making criteria of subsection (9) and distribute the proposed plan to other agencies and reviewers. Based on the results of those reviews, the Planning Director will provide a report on the proposed amendment/plan to the Planning Commission and City Commission.

(7) Planning Commission’s Review/Recommendation

(i) The Planning Commission shall hold a public hearing on the proposed amendment/plan, review the proposed amendment/plan in accordance with the review and decision-making criteria of subsection (9) of this Section and recommend that the City Commission approve, approve with conditions or deny the proposed amendment/plan. The Planning Commission is also authorized to forward the proposed amendment/plan to the City Commission with no recommendation.

(ii) The recommendation on the Preliminary Development Plan shall include findings of fact and set forth reasons for the recommendation, including but not limited to findings of fact on the review and approval criteria of subsection (9).

(iii) The Planning Director shall give written notice of the Planning Commission’s recommendation to the applicant and the applicant’s Agent.

(8) City Commission Decision

After receiving the Planning Commission’s recommendation, the City Commission shall take one of the following actions on the proposed amendment/plan:

(i) approve, approve with conditions or modifications, or deny; or

(ii) return the application to the Planning Commission for further consideration, together with a written explanation of the reasons for the City Commission’s failure to approve or disapprove.

a. The Planning Commission, after considering the explanation of the City Commission, may resubmit its original recommendations with its reasons for doing so or submit a new and amended recommendation.

b. Upon the receipt of such recommendation, the City Commission may, by a simple majority vote, approve the proposed amendment/plan, approve it with conditions or modifications, or deny it.

c. If the Planning Commission fails to deliver its recommendations to the City Commission following the Planning Commission's next regular meeting after receipt of the City Commission’s report, the City Commission will consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendations and proceed accordingly.

(iii) The City Commission may act by a simple majority vote, except for the following cases:

a. action that is contrary to the Planning Commission's recommendations, in which case the decision shall be by a 2/3 majority vote of the full membership of the City Commission; or

b. approval, or approval with conditions or modifications, when a valid protest petition has been submitted in accordance with Section 20-1306(g), in which case the decision shall be by a 3/4 majority vote of the full membership of the City Commission.

(iv) The City Commission shall:

a. State the reasons for its decision in writing; and

b. notify the applicant, and all other parties who have made a written request for notification, in writing of its decision and the reasons for its decision.

(9) Review and Decision-Making Criteria

In reviewing and making decisions on proposed Preliminary Development Plans, review and decision-making bodies shall consider at least the following factors:

(i) the Preliminary Development Plan’s consistency with the Comprehensive Plan;

(ii) the Preliminary Development Plan’s consistency with the PD standards of Section 20-701 including the statement of purpose;

(iii) the nature and extent of Common Open Space in the PD;

(iv) the reliability of the proposals for maintenance and conservation of Common Open Space;

(v) the adequacy or inadequacy of the amount and function of Common Open Space in terms of the densities and Dwelling types proposed in the plan;

(vi) whether the Preliminary Development Plan makes adequate provisions for public services, provides adequate control over vehicular traffic, and furthers the amenities of light and air, recreation and visual enjoyment;

(vii) whether the Preliminary Development Plan will measurably and adversely impact development or conservation of the neighborhood area by:

a. doubling or more the traffic generated by the neighborhood;

b. proposing housing types, Building Heights or Building Massing(s) that are incompatible with the established neighborhood pattern; or

c. increasing the residential Density 34% or more above the Density of adjacent residential properties.

(viii) whether potential adverse impacts have been mitigated to the maximum practical extent; and,

(ix) the sufficiency of the terms and conditions proposed to protect the interest of the public and the residents of the PD in the case of a plan that proposes development over a period of years.

(10) Effect of Preliminary Development Plan Approval

Approval of the Preliminary Development Plan constitutes approval of a preliminary plat. A preliminary plat review fee is not required.

(11) Status of Preliminary Development Plan after Approval

(i) The applicant and the applicant’s Agent shall be given written notice of the action of the City Commission.

(ii) Approval of a Preliminary Development Plan does not qualify as a plat of the Planned Development for Building and permitting purposes.

(iii) An unexpired approved Preliminary Development Plan, including one that has been approved subject to conditions provided that the Landowner has not defaulted on or violated any of the conditions, may not be modified or revoked by the City without the consent of the Landowner.

(iv) If a Landowner chooses to abandon a plan that has been given preliminary approval, he or she may do so prior to Final Development Plan approval, provided that he or she notifies the Planning Commission in writing.

(v) Major Changes in the Planned Development (see Section 20-1304(e)(2)(iv)) may be made only after rehearing and reapproval of the entire Preliminary Development Plan under the terms and procedures specified in this section. All Landowners within the entire Preliminary Development Plan boundary shall be notified in writing of any proposed Major Change at the time of submittal of the revised Preliminary Development Plan to the Planning Director.

(vi) An approved Preliminary Development Plan with multiple Parcel and multiple Landowners may only be altered or modified if all Landowners of Parcel within the Preliminary Development Plan consent to the proposed alterations or modifications.

(vii) A Preliminary Development Plan may be explicitly conditioned with a provision on the face of the Preliminary Development Plan that all Landowners of all properties waive their right to approve or disapprove any alterations or modifications to the Preliminary Development Plan.

(viii) In the absence of the explicit condition contained in subsection (11)(vii), the provision of subsection (11)(vi) will govern Preliminary Development Plan alterations or modifications.

(12) Expiration of Approval

In the event the Landowner fails to file an application for Final Development Plan approval within 24 months after final approval of the Preliminary Development Plan has been granted or within 6 months after the date shown on an approved development schedule, in accordance with Section 20-1304(d)(4), then such approval 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 24 months, or the proposed phasing schedule may be modified to extend all dates by a period not to exceed one-half the original period allowed for development of that phase. The application for extension may be made by letter to the Planning Director and will be considered only if received before the expiration date of the approval. The Planning Director shall forward such request, with any recommendation of the Planning Director, to the City Clerk for scheduling on the agenda of the City Commission. The Planning Director shall notify the applicant by first class mail of the date of the proposed consideration by the City Commission. Mailed Notice of the extension request shall also be provided by the Planning Office in accordance with Section 20-1301(q)(3). On that date, the City Commission shall hear from the applicant and the Planning Director and may hear from other interested parties.

(ii) If the approval of the Preliminary Development Plan for a phased development expires after the completion of one or more phases, the Preliminary Development Plan will remain in full effect as to those portions of the development that are subject to Final Development Plans in which the developer has acquired vested rights, in accordance with Section 20-1304(e)(2)(vii), but the remaining portions of the Preliminary Development Plan shall expire.

(iii) No action by the City shall be necessary to cause the approval 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 Final Development Plan or for other Development Activity on the site shall be considered as though the Preliminary Development Plan had not been granted.

(iv) After expiration of a Preliminary Development Plan, or any portion thereof, the PD Overlay zoning shall remain in effect for the affected property, but further development on the property shall require the approval of a new Preliminary Development Plan, in accordance with the procedures and standards in effect at the time of the new application. If a Preliminary Development Plan has expired for any part of a phased development, consistency with the developed parts of the Preliminary Development Plan shall be an additional criterion for consideration of a new proposed Preliminary Development Plan.

(v) Approval of a Preliminary Development Plan does not, in itself, vest any rights under K.S.A. Sect. 12-764.

(e) Final Development Plan

(1) Application Filing

Final Development Plan applications shall be filed with the Planning Director after approval of and before the expiration of a Preliminary Development Plan. A Final Development Plan may be submitted for a portion of the area in the approved Preliminary Development Plan.

(2) Application Contents

(i) Final Development Plan, in its entirety or in phases, drawn at a scale of one inch to 40 feet and supportive documents shall show or contain at least the following:

a. all information required of the Preliminary Development Plan;

b. the placement of all principal and Accessory Structures;

c. the entrances to all Structures;

d. the location and dimensions of all existing and proposed curb cuts, Driveways and aisles, public and Private Streets, offstreet parking and loading space areas, sidewalks and pedestrianways, sanitary sewers, storm sewers and drainageways, power lines, gas lines, and fire hydrants;

e. the location, height and material of Screening walls and fences;

f. the type of surfacing and base course proposed for all Private Streets, Driveways, off-street parking and loading space areas, and sidewalks and pedestrianways;

g. the location of all utilities in and adjacent to the property. (No overhead lines, with the exception of high voltage power lines, shall be permitted in Planned Developments);

h. a location map of one inch equals 200 feet or less showing the site of the proposed development in relationship with major Thoroughfares in the city;

i. a landscape plan in accordance with Section 20-1001(d);

j. the proposed topography or grading of the area at a contour interval of not more than two feet;

k. the location of each outdoor trash storage facility;

l. proof of the establishment of an agency or entity to own, manage and maintain the Common Open Space, open air recreation areas, recreation facilities, Non-encroachable Areas, Private Streets and any other area within the development that is to be retained for the exclusive use and benefit of the residents, lessees and Owner;

m. copies of all restrictions or covenants that are to be applied to the development area;

n. proof that no Lot, Parcel, Tract or other portion of the development area has been conveyed or leased prior to the recording of any restrictive covenants, Final Development Plan, or final plat;

o. such other drawings, specifications, covenants, Easements, conditions, and performance bonds as set forth in the granting of preliminary approval; and

p. at least one north-south and one east-west elevation drawing 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 Community Design Manual.

(ii) A plan submitted for final approval shall be in substantial compliance with the plan previously given preliminary approval. Modification by the Landowner of the plan as preliminarily approved may not:

a. Increase the proposed gross residential Density or intensity of use by more than five percent (5%) or involve a reduction in the area set aside for Common Open Space, open air recreation area or Non-encroachable Area, nor the substantial relocation of such areas; nor,

b. Increase by more than 10 percent (10%) the total Floor Area proposed for non-residential or commercial uses; nor,

c. Increase by more than 5 percent (5%) the total ground area covered by Buildings nor involve a substantial change in the Height of Buildings.

(iii) Consistency with Preliminary Development Plan; Major Changes

A Final Development Plan will not be considered complete and ready for processing if all approved conditions have not been met or if the Final Development Plan constitutes a Major Change from the approved Preliminary Development Plan. Major Changes may be made only after rehearing and reapproval of the Preliminary Development Plan, and the Planning Director shall notify the applicant of the provisions of this section.

(iv) Major Changes

A Major Change is one that:

a. increases the proposed gross residential Density or intensity of use by more than five percent (5%)

b. involves a reduction in the area set aside for Common Open Space in general, or Recreational Open Space or Natural Open Space in particular, or the substantial relocation of such areas;

c. increases by more than 10 percent (10%) the total Floor Area proposed for nonresidential uses;

d. increases by more than 5 percent (5%) the total ground area covered by Buildings;

e. changes a residential use or Building Type;

f. increases the Height of Buildings by more than 5 feet; or

g. represents a new change to the Preliminary Development Plan that creates a substantial adverse impact on surrounding Landowners.

h. changes a residential Building Type or a non-residential Structure by more than 10% in size.

(v) Review and Action by Planning Director; Appeals

a. Within 45 days of the filing of a complete Final Development Plan application, the Planning Director shall review and take action on the Final Development Plan. The Planning Director shall approve the Final Development Plan if it complies with the approved Preliminary Development Plan, all conditions of Preliminary Development Plan approval and all applicable standards of this Development Code. If the submitted Final Development Plan does not so comply, the Planning Director shall disapprove the Final Development Plan and advise the Landowner in writing of the specific reasons for disapproval.

b. In the event that the Planning Director does not approve the Final Development Plan, the Landowner may either: (1) resubmit the Final Development Plan to correct the plan’s inconsistencies and deficiencies, or (2) within 45 days of the date of notice of refusal, appeal the decision of the Planning Director to the City Commission. In the event such an appeal is filed, a public hearing before the City Commission shall be scheduled with such notice as is required for the Preliminary Development Plan/Zoning Map Amendment.

c. Notice shall be given of the Planning Directors’ action to adjacent property Owner or Neighborhood Associations if such request for notice has been made in writing from the adjacent property Owner or Neighborhood Associations.

(vi) Effect of Approval

a. A Final Development Plan or any part thereof that has received final approval shall be so certified by the Planning Director, and shall be filed by the Planning Director with the Register of Deeds immediately upon compliance with all conditions of approval. If the Landowner chooses to abandon a Final Development Plan or portion thereof after it has been given final approval, he or she shall notify the Planning Director in writing.

b. The filing of a Final Development Plan for a Planned Development with the Register of Deeds does not constitute the effective dedication of Easements, rights-of-way or Access control, nor will the filed plan be the equivalent of, nor an acceptable alternative for, the final platting of land prior to the issuance of Building Permits in the Planned Development.

c. The Planning Director shall file the final plats and all supportive documents concerning the Planned Development with the Register of Deeds. The Landowner is responsible for all costs incurred in filing such documents and the Final Development Plan.

(vii) Expiration of Approval

In the event the Landowner fails to obtain a building permit for development shown on the Final Development Plan within 24 months after final approval of the Final Development Plan has been granted, the approval shall expire in accordance with the following provisions:

a. For good cause shown, the expiration date may be extended by the City Commission for a period not to exceed 24 months. The application for extension may be made by letter to the Planning Director and will be considered only if received before the expiration date of the approval. The Planning Director shall forward such request, with any recommendation of the Planning Director, to the City Clerk for scheduling on the agenda of the City Commission. The Planning Director shall notify the applicant by first class mail of the date of the proposed consideration by the City Commission. Mailed Notice of the extension request shall also be provided by the Planning Office in accordance with Section 20-1301(q)(3). On that date, the City Commission shall hear from the applicant and the Planning Director and may hear from other interested parties.

b. No action by the City shall be necessary to cause the approval 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 subdivision review, for a Building Permit or for other Development Activity on the site shall be considered as though the Final Development Plan had not been granted.

c. After expiration of a Final Development Plan and related portions of the Preliminary Development Plan, the PD Overlay zoning shall remain in effect, but further development on the property shall require the approval of a new Preliminary Development Plan and Final Development Plan, in accordance with the procedures and standards in effect at the time of the new application.

d. Rights to the development pattern shown in a Final Development Plan shall vest in accordance with K.S.A. ~~Sect.~~ 12-764 upon approval of a final subdivision plat. If such subdivision plat expires in accordance with K.S.A. ~~Sect.~~ 12-764~~(a)~~ and amendments thereto, then the related portions of the Final Development Plan shall also expire at the same time.

(f) Enforcement and Modifications of Final Development Plan

(1) Enforcement by the City

The provisions of a Final Development Plan relating to: (1) the use of land and the use, bulk and location of Buildings and Structures; (2) the quality and location of Common Open Space; and, (3) the intensity of use or the Density of residential units, run in favor of the municipality and are enforceable in law or in equity by the City, without limitation on any powers or regulations otherwise granted the City by law.

(2) Enforcement by Residents and Landowners

All provisions of the Final Development Plan run in favor of the residents and Landowners of the Planned Development, but only to the extent expressly provided in, and in accordance with, the Final Development Plan. To that extent, the Final Development Plan provisions, whether recorded by plat, covenant, Easement or otherwise, may be enforced at law or equity by said residents and Landowners, acting individually, jointly, or through an organization designated in the Final Development Plan to act on their behalf. No provisions of the Final Development Plan will be implied to exist in favor of residents and Landowners of the Planned Development except those portions of the Final Development Plan that have been finally approved and have been recorded.

(3) Modifications of the Final Development Plan by the City

All those provisions of the Final Development Plan authorized to be enforced by the City may be modified, removed or released by the City (except grants or Easements relating to the service or equipment of a public utility unless expressly consented to by the public utility), subject to the following conditions:

(i) no such modification, removal or release of the provisions of the Final Development Plan by the City may affect the rights of the residents and Landowners of the Planned Development to maintain and enforce provisions, at law or equity; and

(ii) no modification, removal or release of the provisions of the Final Development Plan by the City may be permitted, except upon a finding by the City, following a public hearing, that the same is consistent with the efficient development and preservation of the entire Planned Development, does not adversely affect either the enjoyment of land abutting upon or across a Street from the Planned Development or the public interest, and is not granted solely to confer a special benefit upon any person.

(4) Modifications by the Residents

Residents and Landowners of the Planned Development may, to the extent and in the manner expressly authorized by the provisions of the Final Development Plan, modify, remove or release their rights to enforce the provisions of the Final Development Plan, but no such action will affect the right of the City to enforce the provisions of the Final Development Plan.

(5) Modification Procedures

Modification of approved Planned Development plans may be initiated as follows:

(i) By the Landowners or residents of the property within the Planned Development, provided that the right to initiate modification has been expressly granted to or retained by the Landowners or residents under the provisions of the plan;

(ii) By the City Commission upon its own motion, duly made and carried by a two-thirds majority vote of the City Commission, when modification appears strictly necessary to implement the purpose of this article and such modification would not impair the reasonable reliance interests of the Landowners and residents of the Planned Development.

(iii) Modifications of the provisions of the Final Development Plan that constitute Major Changes may be approved by an affirmative vote of a majority of all members of the City Commission upon a finding, after a public hearing, that the modification complies with Section 20-1304(f)(3). Newspaper, posted, and mailed notice of the City Commission’s public hearing shall be provided in accordance with Section 20-1301(q).

(iv) Modifications to the Final Development Plan that do not constitute Major Changes as defined in Section 20-1304(e)(2)(iv) may be approved by the Planning Director.

(6) Modifications to Final Development Plans Approved Prior to the

Effective Date

Final Development Plans, which were approved prior to the Effective Date of this Development Code, shall be modified only in accordance with this Development Code, as amended.

(g) Interpretations

(1) Purpose

Because the very specific nature of the Development Plans approved for Planned Developments may result in unforeseen circumstances, particularly through the passage of time, the purpose of this sub-section is to provide a formal method for interpreting Final Development Plans and related provisions of Preliminary Development Plans.

(2) Applicability and Authority

This sub-section shall apply to any application or request to interpret a Development Plan. The Planning Commission shall have the authority to make such interpretations, subject to appeal as set forth herein. This procedure shall apply only when the effect of the Development Plan is unclear because of the passage of time or as applied to particular circumstances. In most cases, this procedure will be initiated by referral from the Planning Director, when, upon receipt of an application for a permit or interpretation, such official determines that the Development Plan is unclear or otherwise requires interpretation.

(3) Initiation

The interpretation process may be initiated by:

(i) Any Owner of real property included within the land area of the original Development Plan to be interpreted;

(ii) The Planning Director, by referral, or upon the Director’s initiative;

(iii) The City Commission; or

(iv) The Planning Commission.

(4) Procedure

(i) Public Hearing to be Scheduled

At the next meeting following the initiation of the process for interpretation of a Development Plan (or, if initiated by the Planning Commission, at the same meeting), the Planning Commission shall schedule a public hearing on the matter, which hearing shall occur within 45 days of the date of the meeting at which the hearing date is set.

(ii) Notice

The Planning Director shall cause written notice of the hearing to be given to the Owner(s) of each Parcel within the Development Plan area and to property Owners within 400 feet of the Preliminary Development Plan boundary.

(iii) Public Hearing

At the scheduled time and place, the Planning Commission shall hold a public hearing on the interpretation of the Final Development Plan. The Planning Commission may at that time consider all evidence reasonably brought before it, including but not limited to:

a. Copies of the original plans, as approved;

b. Copies of documents recorded in the chain of title of the Planned Development;

c. Minutes of the meeting(s) of the City Commission and Planning Commission at which the original plans were approved;

d. Copies of pertinent sections of the zoning or development ordinance in effect at the time that the original plans were approved;

e. The Comprehensive Plan in effect on the date of interpretation and, if different, relevant provisions of the Comprehensive Plan in effect at the time of approval of the original plans;

f. Explanation of the applicant (if any), the Planning Director and others regarding the reasons why the Preliminary and/or Final Development Plan or comparable documents are unclear or inadequate to address the issue raised in the request for interpretation;

g. Testimony of persons owning property within the area affected by the Preliminary Development Plan;

h. Testimony of other interested persons;

i. Recommendation of the Planning Director; and/or

j. Such other evidences as the Planning Commission may find relevant to the interpretation of the Plan.

(iv) Criteria for Decision

The criteria for the decision of the Planning Commission in interpreting the Development Plan shall be, in priority order:

a. Consistency with the literal provisions of the original approval of the Preliminary Development Plan, Final Development Plan and/or comparable official approval;

b. Consistency with the stated purpose of the original approval of the Preliminary Development Plan, Final Development Plan and/or comparable official approval;

c. Where the original plans referred to or depended upon provisions of the Zoning Ordinance then in effect, consistency with those provisions; and

d. Interpretation of the original plans as reflected in the development of the project and reliance on it by property Owner within it.

(v) Decision

At the same meeting at which the hearing is held, or at its next meeting, the Planning Commission shall render a decision. If it is unable to render an interpretation that resolves the issue placed before it, it shall recommend that the interested parties file an application to amend the Development Plan, in accordance with (f)(5) of this section.

(5) Appeal

An appeal of an interpretation by the Planning Commission under this subsection shall be to the City Commission. The action, if any, by the City Commission shall be final. Any person aggrieved may file an application for a permit to undertake the proposed action and may follow the appeal process for any action on that, or any person aggrieved may file an application to modify the development plan, in accordance with (f)(5) of this section.

SECTION 2. Chapter 20, Article 13, Section 20-1305, of the Code of the City of Lawrence, Kansas 2018 Edition and amendments thereto, is hereby amended to read as follows:

20-1305 SITE PLAN REVIEW

(a) Purpose

The purpose of requiring Site Plan Review and approval is to ensure compliance with the standards of this Development Code prior to the commencement of Development Activity and to encourage the compatible arrangement of Buildings, off-street parking, lighting, Landscaping, pedestrian walkways and sidewalks, ingress and egress, and drainage on the site and from the site, any or all of these, in a manner that will promote safety and convenience for the public and will preserve property values of surrounding properties. Site Plans for uses included in the Commercial or Industrial Use Groups of Sections 20-402 and 20-403 shall comply with the Community Design Manual adopted by the City Commission on November 16, 2010 by Ordinance No. 8593.

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.

(b) Applicability

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, as determined by the Planning Director, 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 Section 20-1305(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 Community Design Manual, unless otherwise determined by the Planning Director to be waived for good cause shown by the applicant. The Planning Director may only waive code requirements if it can be demonstrated that the intent of the code is fulfilled and if the development project otherwise meets sound site planning principles. Standards not waived by the Planning Director will remain eligible for consideration of a variance by the Board of Zoning Appeals.

b. Existing conditions of the site are not required to become compliant with all standards of this Development Code and/or the Community Design Manual 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

(i) For any property containing existing development which does not have an approved site plan on file with the Planning Office and which does not meet the criteria for a Major Development Project, any development proposing the following shall be considered a Standard Development Project:

a. a change in use to a less intensive use and where physical modifications to the site, excluding interior Building modifications, are proposed; or

b. a change in use to a more intensive use regardless of whether physical modifications to the site are proposed; or

c. the substantial modification of a site, defined as:

1. The construction of any new Building(s) on the site; or

2. The construction of any Building addition that contains a Gross Floor Area of ten percent (10%) or more of the Gross Floor Area of existing Building(s); or

3. Separate incremental Building additions below ten percent (10%) of the Gross Floor Area of existing buildings if the aggregate effect of such Development Activity over a period of 24 months would trigger the 10% threshold; or

4. The addition of Impervious Surface coverage that exceeds 10% of what exists; or

5. Any modification determined by the Planning Director to be substantial.

(ii) For property which does have an approved site plan on file with the Planning Office and which does not meet the criteria for a Major Development Project, any development proposing the following shall be considered a Standard Development Project:

a. Any change in use of a site to a more intensive use regardless of whether modifications to the site are proposed; or

b. any modification of a site which meets the following criteria or proposes the following:

1. A modification to a site which alters the Parking Area, drive aisles, or on-site pedestrian and vehicular circulation and traffic patterns with impacts to the interior of the site; or

2. A development, redevelopment, or modifications to the exterior style, design or material type of a Structure that is subject to the Community Design Manual; or

3. An outdoor dining or hospitality 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

4. In the IM or IG zoning district, the construction of one or more new Building(s) or building additions that contain a Gross Floor Area of less than fifty percent (50%) of the Gross Floor Area of existing Building(s); or

5. In any zoning district other than IM or IG, the construction of one or more new Buildings or building additions that contain a Gross Floor Area of less than twenty percent (20%) of the Gross Floor Area of existing Building(s); or

6. In the IM or IG zoning district, the installation or addition of less than fifty percent (50%) of existing Impervious Surface coverage; or

7. In any zoning district other than IM or IG, the installation or addition of less than twenty percent (20%) of existing Impervious Surface coverage; or

8. 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.

(iii) Requirements of Site Plan Review

a. For sites without an existing approved site plan a site plan meeting all the specifications of Section 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.

(iv) Public Notice

The public notice procedures of Section 20-1305(g) are applicable.

(v) 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 Community Design Manual, unless otherwise determined by the Planning Director to be waived for good cause shown by the applicant. The Planning Director may only waive code requirements if it can be demonstrated that the intent of the code is fulfilled and if the development project otherwise meets sound site planning principles. Standards not waived by the Planning Director will remain eligible for consideration of a variance by the Board of Zoning Appeals.

b. Other features of the site may be required to become compliant with all standards of this Development Code and/or the Community Design Manual 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:

(i) Any Development Activity on a site that is vacant or otherwise undeveloped; or

(ii) Any Significant Development Project on a site that contains existing development, defined as:

a. Any modification to a site that alters Parking Area(s), drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns, that the Planning Director determines to be significant in terms of impacting adjacent roads or adjacent properties; or

b. In the IM or IG zoning district, the construction of one or more Building(s) or building additions that contain a Gross Floor Area of fifty percent (50%) or more of the Gross Floor Area of existing Building(s); or

c. In any zoning district other than IM or IG, the construction of one or more Building(s) or building additions that contain a Gross Floor Area of twenty percent (20%) or more, of the Gross Floor Area of existing Building(s); or

d. Separate incremental Building additions below 50% for IM or IG zoning and 20% for all other zoning districts of the Gross Floor Area of existing Building(s) if the aggregate effect of such Development Activity over a period of 24 consecutive months would trigger the 50% (for IG) or 20% (for all other zoning districts) threshold; or

e. The installation or addition of more than 50% for IM or IG zoning and 20% for all other zoning districts of existing Impervious Surface coverage.

(iii) Requirements of Site Plan Review

Submitted site plans shall meet all the specifications of Section 20-1305(f).

(iv) Public Notice

The public notice procedures of Section 20-1305(g) are applicable.

(v) Compliance with City Codes

Full compliance with all City Codes, including this Development Code and the Community Design Manual, is required for the entire site, unless otherwise determined by the Planning Director to be waived for good cause shown by the applicant. The Planning Director may only waive code requirements if it can be demonstrated that the intent of the code is fulfilled and if the development project otherwise meets sound site planning principles. Standards not waived by the Planning Director will remain eligible for consideration of a variance by the Board of Zoning Appeals.

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 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.

(5) a change in use to a less intensive use where development exists but where no physical modifications to the site, excluding interior Building modifications, are proposed and where an approved site plan is not on file with the Planning Office.

(6) any change of use or physical improvements on a site where development exists but where an approved site plan is not on file with the Planning Office that proposes the following:

(i) The construction of any Building addition that contains less than ten percent (10%) of the current Building’s Gross Floor Area; or

(ii) Separate incremental Building additions below 10% of the Gross Floor Area of existing Buildings if the aggregate effect of such Development Activity over a period of 24 consecutive months would trigger the 10% threshold; or

(iii) The addition of Impervious Surface coverage that does not exceed 10% of what exists.

(7) any change in use, regardless of whether it is less or more intense than the current use, or any Development Activity in the CD district of an existing developed site where the effect of the change in use or Development Activity does not increase a Building’s footprint or the number of Building stories. For purposes of this subsection, adding HVAC equipment; fire escapes; awnings; patios, decks and other outdoor areas less than fifty (50) square feet in area, and similar appurtenances, as determined by the Planning Director, shall not be considered as increasing the Building’s footprint. This provision shall not exempt a property in the CD district from any other City Code standard, including review by the Historic Resources Commission. Outdoor dining uses and hospitality areas, regardless of their size, and other outdoor uses and areas that exceed fifty (50) square feet in area shall not be exempt from the requirement to site plan under this provision.

(8) changes otherwise exempted from Site Plan Review by state or federal law.

(d) Pre-application Meetings

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 Section 20-1301(d).

(e) Initiation and Application Filing

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.

(f) Application Contents

(1) A site plan shall:

(i) For any Standard or Major Development Project 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 or at a scale determined to be appropriate by the Planning Director;

(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;

(v) 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;

(vi) Show existing conditions of the site:

a. Show existing public and Private Street system,

b. platted or unplatted Ownership,

c. type and location of Structures,

d. curb cuts on adjacent properties and along the opposite side of the street.

(vii) Show topography extending 50 feet beyond the outside boundaries of the proposed site plan;

(viii) Show the present and proposed topography of the site. Present and proposed topography (contour interval not greater than two feet) shall be consistent with City of Lawrence aerial topography. Where land disturbance, grading or development has occurred on a site or within 100 feet of the subject site since the date the City of Lawrence obtained aerial topography, an actual field survey shall be required;

(ix) Show the location of existing utilities and Easements on and adjacent to the site including

a. Show the location of power lines, telephone lines, & gas lines.

b. 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.

(x) Show the location of ground mounted transformers and air conditioning units and how 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 Section 20-601 in the Density and Dimensional Standards Tables;

(xi) 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, in the format noted below, 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.

*PROPERTY SURFACE SUMMARY*
*Summary of Existing Conditions*		*Summary after project completion*
*Total Buildings*	*# ft.²*	*Total Buildings*	*# ft.²*
*Total Pavement*	*# ft.²*	*Total Pavement*	*# ft.²*
*Total Impervious*	*# ft.²*	*Total Impervious*	*# ft.²*
*Total Pervious*	*# ft.²*	*Total Pervious*	*# ft.²*
*Total Property Area*	*# ft.²*	*Total Property Area*	*# ft.²*

(xii) Show the location of existing and proposed Structures and indicate the number of stories, Floor Area, and entrances to all Structures;

(xiii) Show the location and dimensions of existing and proposed curb cuts, Access aisles, off-street parking, loading zones and walkways;

(xiv) Indicate location, height, and material for Screening walls and fences;

(xv) List the type of surfacing and base course proposed for all parking, loading and walkway areas;

(xvi) Show the location and size, and provide a landscape schedule for all perimeter and interior Landscaping including grass, Ground Cover, trees and Shrubs;

(xvii) The proposed use, the required number of off-street Parking Spaces, and the number of off-street Parking Spaces provided 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;

(xviii) Designate a trash storage site on each site plan appropriate for the number of occupants proposed. The size of the trash storage receptacle, its location and an elevation of the enclosure shall be approved by the Director of ~~Public Works~~ the Municipal Services and Operations Department prior to approval of the site plan. If a modification to the location of the trash storage area is required during the construction phase or thereafter, both the Planning and ~~Public Works~~ Municipal Services and Operations Directors must approve the modification before a revised site plan can be approved.

(xix) 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 Planning Director may require adjustments in the provision of Easements, Driveways, Parking Areas and Landscaping among the various phases as a condition of approval;

(xx) Provide at least one north-south and one east-west elevation drawing 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 Community Design Manual.

a. Photographs of the property may be submitted when no physical changes to the building facades are proposed.

(xxi) Show the intersection visibility triangle required in Section 20-1102.

(xxii) Show the location and height of any sign structures that would not be located on a building.

(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-Dwelling 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 Section 20-1103(c) shall be required for site plan approvals. 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.

(g) Public Notice

(1) Notice of the proposed site plan shall be posted on the property covered by the site plan, in accordance with Section 20-1301(q)(4). In addition, written notice of the proposed site plan shall be mailed to the Owner of record of all property within 400 feet of 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. 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:

(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.

(h) Staff Review/Action

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.

(i) Notice of Decision

Notice of the decision, including the Planning Director’s findings and basis for decision in light of the criteria of Section 20-1305(j), shall be mailed to the applicant and all other parties who have made a written request for notification.

(j) Approval Criteria

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.

(k) Appeals

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.

(l) Right to Appeal

The following persons and entities have standing to appeal the action of the Planning Director on applications for Site Plan approval:

(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 Owners of all property within 400 feet of the subject property.

(m) Action on Appeal

(1) The City Commission shall consider the appealed Site Plan decision as a new matter, inviting public comment before acting on the original application. Mailed notice of the City Commission’s meeting shall be provided to the appealing party and the applicant 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 Section (j), taking action as provided in Section (h) and giving notice of its decision as provided in Section 20-1305(i).

(n) Modifications to Approved Site Plans

(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 Section (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 submittal of a new Site Plan application in accordance with the provisions of Section 20-1305.

(o) Expiration; Vesting of Rights

(1) In the event the Landowner fails to obtain a Building Permit within 24 months after final approval of the Site Plan has been granted, then such Site Plan 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 24 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. Mailed Notice of the extension request shall also be provided by the Planning Office in accordance with Section 20-1301(q)(3). On that date, the City Commission shall hear from the applicant and the Planning Director and may hear from other interested parties.

(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 and amendments thereto. 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 and amendments thereto, 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.

SECTION 3. Existing Chapter 20, Article 13, Sections 20-1304, and 20-1305, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that this ordinance supersede the repealed Code sections.

SECTION 4. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 5. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 1, 2019.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _ day of ________, 2018.

APPROVED:

___________________________________

Stuart Boley, Mayor

ATTEST:

__________________________________

Sherri Riedemann, City Clerk

APPROVED AS TO FORM:

__________________________________

Toni R. Wheeler, City Attorney