PC Advanced Training

Planning Commission Advanced Training

Presented by Joe Lauber Independence Planning Commission September 13, 2022

Serving those who serve the public

Review and Approval Procedures Lauber Municipal Law, LLC

Purpose of this Presentation: To provide a more specialized survey of Planning and Zoning specific to the City of Independence.

Chapter 14 of the City’s Code is the Unified Development Ordinance City’s Review and Approval Procedures prescribed by the Unified Development Ordinance as described in Article 7 of United Development Ordinance.

Text Amendments and Rezoning (Sec. 14-701) Subdivisions (Sec. 14-702) Planned Unit (Sec. 14-703) Special Use Permits (Sec. 14-704) Site Review (Sec. 14-705) Appeals of Administrative Decisions (Sec. 14-707) Permits (Sec. 14-708)

Pre-Application Conferences Lauber Municipal Law, LLC

Sec. 14-700-02 Pre-Application Conferences– Required prior to applications for for rezonings, preliminary plats, special use permits, site plan reviews Community Development Director or designee coordinates Section 14-700-02 of City Code describes policy behind PreApplication Conference requirement—Facilitate a smooth exchange of information to aid in application process.

Applications Lauber Municipal Law, LLC

Sec. 14-700-3 Applications must abide by requirements under City’s Unified Development Ordinance Incomplete if noncompliant Community Development Director determines whether applications are complete May require revisions before further processing under certain circumstances. See Sec. 14-700-03(6) of Code.

Applications must be accompanied

by Fee—Fee established by City Council.

Not required for applications initiated by City.

Applications Lauber Municipal Law, LLC

Application Requirements—Sec. 14-700-04: General requirements for applications for rezoning, special use permits, site development plans, and preliminary and final plats. See Sec. 14-700-04-A Requirements for plans accompanying applications. See Sec. 14-700-04-B

Submission of technical studies – 14-700-06 Community Development Director may require applicants for development or permit approval to submit such technical studies as may be necessary to enable Planning Commission, City Council, or staff to evaluate application.

Eg traffic studies, engineering studies, flood studies.

Public Notices Lauber Municipal Law, LLC

Sec. 14-700-08-A Types of Notice described: Published Notice Mailed Notice Posted Notice

Constructive Notice: Minor deviations from stated notice requirements won’t be deemed to impair notice where there is actual notice of the time, date, and place of the public hearing and when applicant and City made good faith effort to meet the requirements. The key is substantial compliance.

Public Hearings Lauber Municipal Law, LLC

Sec. 14-700-09 Where public hearings are required by City’s Unified Development Ordinance, the following provisions apply: Provides applicant and all other interested parties a reasonable and fair opportunity to be heard, to present relevant evidence on the application and to rebut evidence presented by others.

Rules of procedure may be adopted by the hearing body.

A written summary of the proceedings must be made.

Continuances only in certain circumstances No evidence—City Council will only hear evidence not presented at Planning Commission’s public hearing if such evidence wasn’t available at time of Planning Commission’s public hearing.

Public Hearing—Common Issues Lauber Municipal Law, LLC

Ex Parte Communication Communications with only one side should be avoided, but if it occurs: ◼ Limit to least extent possible ◼ Don’t express an opinion ◼ Don’t accept gifts—no dinner or

drinks ◼ Document the encounter ◼ Disclose the contact for the record ◼ State whether you can still fairly consider the matter.

Prejudgment Bias Familiarity with facts is acceptable Tentative conclusion is permissible Must approach the hearing with an “open mind”

Conflict of Interest Chapter 105 Prohibited Acts Financial interest Related parties

Actions by Review Bodies & Decision Makers Lauber Municipal Law, LLC

Review bodies such as the Planning Commission may: Recommend approval, approval with modifications/conditions, or recommend disapproval of application.

Recommend conditions/modifications if effect of such is to allow a less intensive use or zoning district than indicated in the application.

Review bodies may not recommend a greater density of development; a more intensive use, or more intensive zoning district than what public notice indicated.

Decision makers such as the City Council may: Approve, approve with conditions/modifications, or deny the application.

Impose conditions on the application or allow amendments to the application if the effect is to allow a less intensive use or zoning district than indicated in the application, or to reduce the impact of the development.

Decision makers may not approve a greater density of development, more intense use, or more intense zoning than what the public notice indicated.

Text Amendments Lauber Municipal Law, LLC

Sec. 14-701-01 Application—Filed by the City Council, the Planning Commission or Public Development Director.

Notice of Hearing - Publication Community Development Director prepares report evaluating proposed amendment in light of Comprehensive Plan, the Unified Development Ordinance, and review criteria.

Review and Recommendation by Planning Commission.

Public hearing held.

Recommendation: approve, modified approval, or denial.

Review and Final Action by City Council.

Public hearing held within 30 days of final action of Planning Commission.

Action: (1) adopt, modify or reject (2) remand with instructions to Planning Commission

Review Criteria (2) – Sec. 14-701-01-F

Rezoning Lauber Municipal Law, LLC

14-701-02 Application—Filed by the subject landowner (or their agent) or the Community Development Director.

Pre-application Conference.

Application submitted to Community Development Director. Application must include following: Vicinity map Certified list of all property owners within 185-feet of notification area Zoning, land use, and ownership of parcels within 185 feet of subject property Boundaries of property to rezone Legal description

Notice of hearing—Publication, Mailed & Posted

Rezoning Lauber Municipal Law, LLC

Community Development Director presents application and their recommendation to Planning Commission.

Review and Recommendation by Planning Commission Public Hearing Held Recommendation: approval, approval with modifications, or denial

Review and Final Action by City Council Public Hearing Held Action: (1) adopt, modify or reject (2) remand with instructions to Planning Commission

Review Criteria (9) – Section 14-701-02-E Effect of Council Denial

Subdivisions Lauber Municipal Law, LLC

Sec. 14-702 Policy behind regulations expressed in Sec. 14-702-01-B What we will be covering regarding Subdivisions Preliminary Plats Minor Subdivisions Final Plats

General Rules Sec. 14-702-01-G has several requirements applicable to all subdivisions (unless exempt). The main take away is that the City’s Code must be followed

Exemptions from general rules and requirements—Sec. 14-702-01-H

Subdivisions (Preliminary Plats) Lauber Municipal Law, LLC

Sec. 14-702-02 Applicable to all nonexempt subdivisions consisting of 4 or more lots.

Pre-application Conference Application—Submitted by subdivider or surveyor Contents of Preliminary Plat (very detailed, see Sec. 14-702-02-D) Planning Commission Review and Recommendation Must act (within 60 days) to recommend approval, approve with conditions, or deny

Review and Final Action by City Council May adopt, modify or reject the recommendation or; remand, with instructions to Commission.

Approval Criteria (11) – Sec. 14-702-02-G Lapse of Approval—With exceptions, approval is effective for 2 years after Council approval

Minor Subdivisions Lauber Municipal Law, LLC

Sec. 14-702-03 Minor Subdivisions may include: Division of land into no more than 3 lots Adjustment in boundaries between owners of adjoining platted lots Adjustment of building lines Replat of up to 2 or more lots or tracts into no more than 3 new lots Replat of up to 3 lots containing 2, 3, or 4 family residential structures, for the purpose of subdividing the dwelling units for individual ownership of each unit. No common area shall be created in minor plat.

Minor Subdivisions Lauber Municipal Law, LLC

Application—Submitted by subdivider or surveyor Must adhere to Final Plat content requirements – 14-702-04-B Supplementary information (a) affidavit of minimum improvements and (b) engineering plans if required

Review of Minor Subdivision Community Development Director coordinates review and analysis of minor plat by staff

Approval by City Staff Community Development Director and City Engineer may approve the minor plat if the subdivider can show that they adhere to Code.

Recordation of Minor subdivision If not recorded within 6 months of date of approval, it is null and void.

General Requirements (4) – 14-702-03-D

Final Plats Lauber Municipal Law, LLC

Sec. 14-702-04 Applications—Submitted by developer after approval of preliminary plat Contents of Final Plat—Sec. 14-702-04-B Plus supplemental application requirements – Sec. 14-702-04-C

Review and Action by Planning Commission Must consider and make recommendation within 60 days after application submittal Commission may recommend approval if Developer presents clear and convincing evidence that: final plat substantially conforms to the approved preliminary plat ◼ The plat conforms to all applicable requirements of code and ◼ All modifications granted and all submission requirements have been satisfied. ◼

City Council Action Council may approve by ordinance if developer has presented clear and convincing evidence that: Final plat substantially conforms to approved preliminary plat ◼ Plat conforms to all applicable requirements of code and any modifications granted ◼ All submission requirements have been satisfied ◼ Developer has satisfied all conditions attached to approval of preliminary plat ◼

Planned Unit Development (“PUD”) Lauber Municipal Law, LLC

Sec. 14-703-02 Applications—Submitted by Landowner Concurrent Processing—PUDs are established through approval of a rezoning application.

PUD Rezoning is processed concurrently with Preliminary Development Plan Application.

Preliminary Development Plans Application contents – Sec. 14-703-05-B Notice of hearings– Publication, posted and mailed notice Planning Commission Review & Recommendation ◼ Commission holds public hearing on application and recommends approval, approval with modifications, or

denial.

City Council Decision ◼ Council holds public hearing and can decide to

Adopt, modify or reject or ◼ Remand to Commission with instructions. ◼

Review Criteria (10) – Sec. 14-703-05-H

Planned Unit Development Lauber Municipal Law, LLC

Final Development Plan—once preliminary development plan and PUD rezones are approved, the next step is the Final Development Plan.

Application—Submitted by Landowner Detailed content requirements found in Sec. 14-703-06-B.

Consistency with Preliminary Development Plan Major changes from preliminary development plan require rehearing and reapproval of preliminary development plan.

Consideration of Final Development Plan Community Development Director reviews and approves – Provided there are no major changes and any conditions of approval of Preliminary Development Plan are met.

Approval confers applicant the right to develop in accordance to Final Development Plan

Special Use Permit Lauber Municipal Law, LLC

Section 14-704 Pre-Application Conference Applications—Submitted by subject landowner Must include vicinity map and certified list of all property owners within 185-foot notification area.

Notice—Publication, posted, and mailed Review and recommendation by Planning Commission Public Hearing Community Development Director presents, with recommendations from Community Development Department and Development Review Committee Commission approves, approves with conditions, or rejects

Review and final action by City Council Public Hearing Council may either Adopt, modify or reject or ◼ Remand with instructions ◼

Review Criteria (11) – Sec. 14-704-09 City Council can amend, suspend or revoke approved special use permit as permitted under Sec. 14-704-13

Site Plan Review Lauber Municipal Law, LLC

Sec. 14-705 Site Plan review is a procedure that allows for administrative review of detailed site plans to determine whether such plans comply with City’s regulations and policy Applicability Certain development projects involving new buildings or additions above a certain size threshold Any drive-through facility (with exceptions) Any gas or fuel sale use Any vehicle sale or service use Nonresidential development involving a nonconforming use or nonconforming structure Changes to exterior of building where a building permit is not required Or anywhere else required by City Code

Exemptions Single family, duplex, triplex, and four-plexes and associated site improvements (unless the dwellings are designed to form a complex having common use area such as parking) Any changes to an existing drive-through facility where access points aren’t being changed Developments for which plans have been reviewed and approved pursuant to special use or PUD procedures described in Unified Development Ordinance

Site Plan Review Lauber Municipal Law, LLC

Preapplication conference Application—Submitted by subject landowner Detailed content requirements spelled out in Sec. 14-705-07

Staff review/action Community Development Director shall coordinate the review and analysis of the site plan to the Development Review Committee for review and comment.

Community Development Director may approve provided applicant presents clear evidence that site plan conforms to all application requirements of the Code and that submission requirements are met. Approval Criteria must be met.

Approval Criteria (4) – 14-705-09 Appeals of Community Development Director’s Decision may be taken to Planning Commission within 15 days of Director action.

Similarly, Planning Commission’s decision can be appealed to City Council within 15 days of Commission Action.

Neighborhood Meetings If project requiring a site plan approval is within 185 feet of property zoned residential, applicant must conduct neighborhood meeting to inform adjacent property owners before any final site plan or building permit approval is granted.

Mailed Notice to property owners of property zoned residential.

Appeals of Administrative Decisions Lauber Municipal Law, LLC

Sec. 14-707-05 Right to Appeal—Unless alternative appeal process is specified by the Development Ordinance, the Board of Adjusted may hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City in the administrative and enforcement of the Development Ordinance Application Filed within 10 working days of date of appealed decision

Action by Community Development Director Community Development Director, or official whose decision is being appealed, transmits the record on appeal to the Board of Adjustment

Review and Action by Board of Adjustment Burden of persuasion of error on appellant.

Board of Adjustment may reverse or affirm wholly or partly or may modify decision being appealed.

Board of Adjustment may remand to administrative official if it determines more evidence is needed to consider.

4 votes needed to reverse any determination of the administrative official.

Board of Adjustment decisions can be appealed to Circuit Court within 30 days of appealed decision

Permits Lauber Municipal Law, LLC

Special Event Permits Guidelines are on file in the City Clerk’s Office and incorporated into the Unified Development Code

Sign Permits Sec. 14-504 contains the Unified Development Ordinance’s sign regulations.

Required for the erection of any sign other than those exempted from permit requirements per Sec. 14-504-04 Application requirements set forth under Section 14-700 (location, materials, size, color, illumination) Review and Action by Community Development Director ◼ Reviews sign permit application for compliance with Unified Development Ordinance and approves, approves

with conditions, or denies.

Planning Commission Review and Approval ◼ Planning Commission review and approval required for signs for which a sign permit cannot be granted by

Community Development Director without further authorization. See Sec. 14-708-02-F

Building Permits Lauber Municipal Law, LLC

Chapter 4 of City’s Code prohibits commencement of construction, reconstruction, structural conversion/alteration, razing, or moving of any building/structure until building permit granted.

Applications submitted to Building Inspection Division in form established by City plus fee.

Review Action—Building Inspection Division Applicant must be advised in writing for reasons for denial

Revocation If Building Official determines that there is a departure from the plans, specifications, or conditions required under the terms of the issued permit.

Perquisite to Building Permit Final plat must be approved and recorded with County Recorder before permit issuance

Certificates of Occupancy Lauber Municipal Law, LLC

Certificate of occupancy required for use or occupancy for any structure built, moved, remodeled or reconstructed after July 1, 2019.

For land vacant as of July 1, 2009, no use other than agriculture permitted unless temporary certificate of occupancy or certificate of occupancy is obtained

Issued by Building Official Review and Action—Building Inspection Division Structures built after July 1, 2009 may be issued certificate of occupancy after work is completed and premises is inspected and certified by City No certificate of occupancy for a new use of any structure or land may be issued until premises is inspected and certified by City to be in full compliance with applicable zoning requirements.

Written Interpretations Lauber Municipal Law, LLC

Community Development Director authorized to make written interpretations of the Unified Development Ordinance Requests for written interpretations can be made Community Development Director’s review and Decision 10-day time frame to: ◼ Review and evaluate request for interpretation ◼ Consult with staff, as necessary ◼ Request additional information or

documentation, as necessary ◼ Render written decision

Notice of Decision Filed with official record of interpretations

Official Record of Interpretations Must be kept by Community Development Director and made available for public inspection

Appeals Appeal of interpretation can be taken to Board of Adjustment

Social Media Considerations Lauber Municipal Law, LLC

Membership on a volunteer commission or board may affect your use of social media If you use your personal social media platform to conduct official business, you may not be able to restrict others’ comments Be careful not to project personal bias related to matters before you in an official capacity

Sunshine Law Lauber Municipal Law, LLC

In addition to the City Council, the Sunshine Law specifically applies to committees, boards, commissions, advisory committees, and quasigovernmental bodies, including the Planning Commission Meetings require notice, agendas, and minutes Records will be subject to disclosure, and this can include electronic communications like email and text

Planning Commission Advanced Training

Contact Information: Lauber Municipal Law, LLC 250 NE Tudor Road Lee’s Summit, Missouri 64086 (816) 525-7881 Serving those who serve the public

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About the Firm Lauber Municipal Law, LLC, was established for the purpose of serving local governmental entities of all types and sizes. We can serve your community as its general counsel (City Attorney) or as special counsel for technical issues like economic development incentive approvals, annexation, elections, impeachments, and appellate work..

Our goal through Lauber Municipal Law, LLC, is to meld our previous experience together to provide a highquality, “big firm” work product, while providing the flexibility, personal responsiveness, and cost effectiveness of a small firm. We completely understand public entities’ needs to obtain the most effective representation possible while considering the fact that these services are compensated from a budget made up of public funds. As the motto for Lauber Municipal Law, LLC, states: We are proud to serve those who serve others. Our sincere desire is to make that job easier and less stressful for the elected officials and administrative staffs of these entities.

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