A.    Applicability.  The following types of land division may apply for administrative plats:

1.     Minor Subdivision. A minor subdivision shall meet the following requirements: a,            The division of a previously unplatted parcel into no more than five lots;

b.    Each lot and any remainder parcel shall meet the standards of these regulations, and the remainder parcel shall demonstrate the capability of further division in accordance with these regulations;

c.     The division shall create no more than 5 lots;

d.    The parcel shall not be part of a parent parcel that was previously divided through an administrative plat, and any remainder parcel of the subject application will be ineligible for future application of an administrative plat process;

e      No significant impact on public facilities or services will result from the split; and

f.     No public street or easement of access is sought to be dedicated or is planned or anticipated through (as opposed to adjacent to) the parcel proposed to be subdivided.

2.     Lot Line Adjustment.  A lot line adjustment shall meet the following requirements:

a.     The adjustment of lot lines on previously platted lots that impacts no more than 4 lots;

b.    The line adjustment creates no new lots;

c.     All resulting lots meet the standards of these regulations;

d.    No public street or easement of access is sought to be dedicated or is planned or anticipated through (as opposed to adjacent to) the lots.

3.     Lot Merger.  A lot merger shall meet the following requirements:

a.     The combination of up to 3 previously platted lots into two lots or a single lot;

b.    All resulting lots meet the standards of these regulations;

c.     No significant impact on public facilities or services will result from the merger;

d.    No public street or easement of access  is sought to be dedicated  or is planned  or anticipated through (as opposed to adjacent to) the lots proposed to be merged; and

e.     No public street or easement of access is vacated.

4.     Lot Split.  A lot split shall meet the following requirements:

a.     The division of a previously platted lot into no more than two lots

b.    Each resulting lot shall meet the standards of these regulations;

c.     The lots shall not have been created or adjusted through any previous administrative plat procedure;

d.    No significant impact on public facilities or services will result from the split; and

e.     No public street or easement of access is sought to be dedicated or is planned or anticipated through (as opposed to adjacent to) the parcel proposed to be subdivided.

5.     Survey Plat.  A survey plat shall meet the following requirements:

a.     The lot shall be previously approved on a final plat, but be part of a development scheme where the final and actual legal description of the lot cannot be known until site development or construction.

b.    The previously approved final plat shall indicate the specific lots that will be finally approved through a survey plat;

c.     All lots shall be in conformance with the final plat and any parameters placed on subsequent survey plats; and

d.    The plat shall be signed and sealed by a land surveyor licensed in the state of Kansas.

B.    Official Filing and Fee.  An applicant for an Administrative Plat shall submit 3 copies of a complete application meeting the requirements in Article 3 of these regulations to the City Clerk with the official filing fee in the City’s approved schedule of fees.  Within 15 days of the submittal, the City shall notify the applicant in writing if the application is complete, and if not, what deficiencies exist.

C.    Administrative Review. The Subdivision Administrator shall review all complete applications for an Administrative Plat according to the following criteria:

a.     The proposed application is in accordance with the general development characteristics and policies of the Comprehensive Plan, and any other plan or program of the City adopted under the general guidance of the Comprehensive Plan;

b.     The proposed land division is consistent with the general development patterns of the area, so that it will not unduly and adversely affect current and future planned development opportunities on adjacent land;

c.     All parcels, including any proposed development, are in conformance with any zoning regulations applicable to the subject property;

d.     The application is in conformance with these subdivision regulations;

e.     All proposed lots will have adequate water and wastewater, and front on an existing street.

f.     The application is in conformance with any approved development plans for the property; and

g.     The application satisfies all eligibility standards for the specific type of Administrative Plat.

The Subdivision Administrator may submit any administrative plat for review and recommendations to affected and interested governmental agencies and public and private utility providers at his discretion.

D.    Decision.  Within 30 days of the Notice of Complete Application, or a mutually agreed upon extension by  the applicant and Subdivision Administrator, the Subdivision Administrator shall notify the applicant in writing of one of the following actions:

a.     The application is recommended for approval and in compliance with these regulations.

b.     The application is not approved. The Subdivision Administrator shall state specifically what deficiencies exist. Or;

c.     The application is referred to the Planning Commission due to specific potential impacts of the application, or for any issues that could alter its status as an Administrative Plat according to these regulations.

E.    Approval of Planning Commission. Administrative Plats with the approval recommendation of the Subdivision Administrator shall be scheduled for Approval of Planning Commission on the consent agenda  of its next available meeting. The Planning Commission may remove the item from the consent agenda for discussion and consideration by a motion of a commission member, with the second and concurrence of two other members.

F.    Effect of Approval.

1.     Recording.  Any approved Administrative Plat shall be recorded by the applicant at the office of the Recorder of Deeds of Sedgwick County, prior to being effective.

2.     Expiration.  Any approval shall only be valid for 6 months.  Failure to record the Administrative Plat within 6 months shall result in the expiration of the approval and any division of land shall require a new application submittal.

The subdivider may, if deemed desirable, submit a sketch plan in order to receive the pre-plat comments of the Subdivision Committee and/or the Planning Commission that may prove helpful in designing the preliminary plat. Three copies of the sketch plan should be submitted to the Subdivision Administrator in a simple format sufficient to convey the location of proposed streets and utilities, the general layout of lots, and to note any particular design situations that could benefit from an early discussion of the problems. One copy of the sketch plan shall be returned to the subdivider with notations marked as to the comments resulting from such a review process.  No fee shall be charged for the sketch plan review.

A.    Applicability. Any division of land that does not qualify for an Administrative Plat shall require a preliminary plat.

B.    Official Filing and Fee.  An applicant for an Preliminary Plat shall submit 25 copies of a complete application meeting the requirements of these regulations to the City Clerk  with the official filing fee in the City’s approved schedule of fees.

1.     The Clerk shall immediately transmit nine copies of the preliminary plat to the Secretary of the Planning Commission, and one copy of the preliminary plat to the Subdivision Administrator. The date of submission to the Secretary of the Planning Commission shall be the official filing date unless the Subdivision Administrator determines that the application is incomplete, in which case the date of submission of all necessary data and information shall be the official filing date.

2.     Within 15 days of the submittal, the Subdivision Administrator shall notify the applicant in writing if the application is complete, and if not, what deficiencies exist.

3.     The Subdivision Administrator may require additional copies of the application to distribute to other necessary parties for review.

4.     Complete applications submitted with the applicable fee shall be scheduled for review at the first available regularly scheduled Planning Commission meeting outside of 20 days after the official filing date, unless the applicant agrees to another date.

C.    Administrative Review. After filing of the preliminary plat, the Subdivision Administrator shall distribute copies to affected and interested governmental and public and private organizations as appropriate. Organizations receiving copies shall have 15 days to review the preliminary plat and to make their comments and recommendations to the Planning Commission.  A lack of response in 15 days shall, at the discretion of the Planning Commission, signify approval, unless during this period a written request for an extension of one time only not to exceed 15 days is submitted to the Planning Commission.

D.    Planning Commission Review. The Planning Commission shall review the preliminary plat according to the following:

1.     Format and Timing. The Planning Commission shall review the application at their first regularly scheduled meeting that occurs more than 20 days after the official filing, unless a different time is agreed to by the applicant and Planning Commission.  The Planning Commission may delay consideration to the following regular meeting if other applications have filled the regular agenda.

2.     Review Criteria. In review of the application, the Planning Commission shall consider the following criteria:

a.     The comments and recommendations of the organizations to whom the preliminary plat had been submitted for administrative review.

b.    The subdivision reflects the development concepts, principles and policies in the Comprehensive Plan, and any specific plan or program officially adopted under the Comprehensive Plan.

c.     The effect of the proposed subdivision with regard to the public interest, and in particular its relationship to surrounding parcels which may be subsequently developed or existing development patterns, and that sound long-range planning principles are represented in the application;

d.    Conformity of the proposed subdivision with the provisions of these regulations;

e.     All parcels, including any proposed development, are in conformance with any zoning regulations applicable to or proposed for the subject property;

f.     The suitability of the area for the proposed development, with special attention to topographic and subsurface conditions and to the availability of utility services;

g.    Any phasing of the subdivision and the schedule for development of final plats is clearly indicated and demonstrates a logical and well-planned development pattern. This may include consideration of amenities and public facilities of the subdivision within each phase compared to the anticipated timing or the likelihood of future phases being constructed.

h.    The adequacy of all available and applicable modes of transportation and the effect that the application will have on long-range transportation plans and patterns;

i.     The effect of the proposed subdivision on historic sites, woodlands, streams and other features of the environment;

j.     Any impacts identified in specific studies or technical reports that were prepared or requested to be prepared in association with the application, and whether the findings and recommendations of these reports, or any modifications or conditions on approval of the application, can mitigate these impacts;

k.    The plat is designed with regard to all other federal, state, or local regulations which may impact development of the land and has or is likely to receive all necessary approvals of any other government body or agency.

3.     Decision.  Within 60 days of the official filing date and after the Planning Commission review, the Planning Commission shall, by a majority vote of the members present and voting, take one of the following actions:

a.     Approve the preliminary plat;

b.    Approve the preliminary plat with specific conditions or suggested modifications that make the plat conform to the review criteria. The applicant may concur with the conditions or modifications and proceed with the application as approved, or the applicant may reject the conditions or modifications and the application shall be considered denied by the Planning Commission;

c.     Deny the preliminary plat and indicate the specific review criteria which are not met by the application; or

d.    Continue the application for further study of specific details or submittal of additional specific information necessary to determine if it meets the review criteria.  An application may be continued once to the next regular meeting at the Planning Commissions’ discretion, or may be continued more than once or to a different date with the concurrence of the applicant.

The Planning Commission shall notify the applicant of the decision in writing.  If the Planning Commission  fails to take action within 60 days after the official filing or other timeframe specifically provided in this section, the application shall be deemed approved.

4.     Effect of Approval. Approval of the preliminary plat shall not constitute approval of the subdivision by the Planning Commission, but shall signify in general the acceptability of the proposed subdivision and authorize the preparation and submittal of a final plat application.  The approval of a preliminary plat shall be effective for no more than 12 months from the date of approval, unless, upon application from the subdivider, the Planning Commission grants an extension of time beyond such period.  If a final plat for the entire subdivision or a unit thereof has not been filed with the Subdivision Administrator within such period, or any extensions granted thereto, the preliminary  plat must be resubmitted to the Commission as if such plat had never been approved, except that no additional fee shall be charged for such resubmittal if there are no substantive changes from the previous preliminary plat approval.

A.    Applicability. Any proposed division of land that has an approved and currently valid preliminary plat may submit a final plat. A final plat may be submitted as a unit development for a portion of an approved preliminary plat, provided that the portion of land is indicated as part of a phasing plan on the preliminary plat, or otherwise accomplishes to orderly division and development of land and sound planning in the sole discretion of the Planning Commission.

B.    Official Filing and Fee. An applicant for a Final Plat shall submit 25 copies  of a complete application meeting the requirements of these regulations to the City Clerk  with the official filing fee in the City’s approved schedule of fees.

1.     The Clerk shall immediately transmit nine copies of the final plat to the Secretary of the Planning Commission, and one copy of the final plat to the Subdivision Administrator.  The date of submission to the Secretary of the Planning Commission shall be the official filing date unless the Subdivision Administrator determines that the application is incomplete, in which case the date of submission of all necessary data and information shall be the official filing date.

2.     Within 15 days of the submittal, the Subdivision Administrator shall notify the applicant in writing if the application is complete, and if not, what deficiencies exist.

3.     The Subdivision Administrator may require additional copies of the application to distribute to other necessary parties for review.

4.     Complete applications submitted with the applicable fee shall be scheduled for review at the first available regularly scheduled Planning Commission meeting outside of 20 days after the official filing date, unless the applicant agrees to another date.

C.    Administrative Review. After filing of the final plat, the Subdivision Administrator shall distribute copies to affected and interested governmental and public and private organizations as appropriate. Organizations receiving copies shall have 15 days to review the final plat and to make their comments and recommendations to the Planning Commission. A lack of response in 15 days shall, at the discretion of the Planning Commission, signify approval, unless during this period a written request for an extension of one time only not to exceed 15 days is submitted to the Planning Commission.

D.    Planning Commission Review. The Planning Commission shall review the final plat according to the following:

1.     Format and Timing. The Planning Commission shall review the application at their first regularly scheduled meeting that occurs more than 20 days after the official filing, unless a different time is agreed to by the applicant and Planning Commission.  The Planning Commission may delay consideration to the following regular meeting if other applications have filled the regular agenda.

2.     Review Criteria. In review of the application, the Planning Commission shall consider the following criteria:

a.     The comments and recommendations of the organizations to whom the preliminary plat had been submitted for administrative review.

b.    The application is in substantial conformance with an approved preliminary plat, including all conditions on approval of the preliminary plat.

c.     Any deviations proposed from the Preliminary Plat may only be approved if:

(1)   They are minor deviations that do not impact the number or relationship of lots within the plat, the streets and public facilities within the plat, or any property outside of the plat including its future development potential.

(2)   Any deviation is the minimum deviation necessary to fulfill the development concept approved in the preliminary plat,

(3)   The need for the deviations is due to physical circumstances that could not have been reasonably discovered at the time of the Preliminary Plat;

(4)   The deviations result in no material change in the development concept approved in the Preliminary Plat;

(5)   The Final Plat is in conformance with all other criteria for approval and all other provisions of these regulations.

d.    Conformity of the proposed subdivision with the provisions of these regulations;

3.     Decision.  Within 60 days of the official filing date and after the Planning Commission review, the Planning Commission shall, by a majority vote of the members present and voting, take one of the following actions:

a.     Approve the final plat;

b.    Approve the final plat with specific conditions or suggested modifications that make the plat conform to the review criteria.  The applicant may concur with the conditions or modifications and proceed with the application as approved, or the applicant may reject the conditions or modifications and the application shall be considered denied by the Planning Commission; or

c.     Deny the final plat and indicate the specific review criteria which are not met by the application.

The Planning Commission shall notify the applicant of the decision in writing.  If the Planning Commission  fails to take action within 60 days after the official filing or other timeframe specifically provided in this section, the application shall be deemed approved.

4.     Effect of Approval. Approval of a final plat shall authorize the applicant to propose public dedications to the Governing Body, submit the plat for recording, and commence construction in accordance with the final plat. A final plat shall be valid for one year following the date of approval by the Planning Commission. Failure to commence substantial construction in accordance with an approved and recorded final plat within the time period shall invalidate the plat  and  require submittal of a new preliminary plat prior to any construction. The Planning Commission may grant one extension for up to an additional year if the construction is delayed by circumstances beyond the applicants control and the planning considerations for the property and surrounding areas have not changed.

E.    Submittal to Governing Body.   Before a final plat is recorded, it shall be submitted to the Governing Body for its acceptance of dedications for street rights-of-way and other public ways, drainage and utility easements, and any land dedicated for public use and accompanied by guarantees for the installation of required improvements according to Article 5 of these regulations.

1.     Timing. The Governing Body shall review the dedications at its first regular meeting following submittal to the Governing Body, unless a different time frame agreed to by the applicant.

2.     Decision.  Within 30 days after the review, the Governing Body shall, by a majority vote of the members present and voting, take one of the following actions:

a.     accept the dedication;

b.    not accept the dedication and advise the Planning Commission and subdivider in writing of its reasons; or

c.     Defer the action an additional 30 days for the purpose of allowing modifications  to comply with requirements for dedications or public facilities established by the governing body.  If the governing body defers action, it shall notify the Planning Commission and subdivider in writing of its reasons.

F.    Recording. The final plat with all required signatures and in the exact form as accepted by the Governing Body shall be recorded by the subdivider with the County Register of Deeds. The subdivider shall pay the recording fee and any outstanding real estate taxes and special assessments. Approval of the final plat by the Planning Commission and acceptance by the Governing Body shall be null and void if the plat is not acceptable for recording in the office of the Register of Deeds or is not recorded within 60 days after final approval by the Governing Body.  The subdivider shall submit to the Subdivision Administrator such number of copies and an electronic version of the recorded plat as is necessary for record keeping purposes of the City and other affected governmental agencies.

G.    Unit Developments. For phased developments, an approved preliminary plat may be submitted for final approval in separate geographic units rather than as a whole, provided the following conditions are met:

1.     Each unit of a plat subdivision shall contain an area of sufficient size based on physical conditions and ability to install improvements economically.

2.     The approval of the Planning Commission as to the feasibility of such development, in separate units, including the feasibility of the proposed sequence of development, shall be secured.

3.     A final plat of at least one unit shall be filed within 12 months from the date of approval of the preliminary plat, and final plats of all such units shall be filed within five years from the date that the preliminary plat was approved. The Planning Commission on application of the subdivider, may, from time to time, grant extensions of time within which to submit such final plats, provided that each extension shall be for no more than one year.

4.     All steps required for the approval of final plats, including the recording thereof, shall be adhered to with respect to each unit so submitted.

5.     A replat of all or a portion of a recorded final plat may be submitted at any time.

A.    Vacation of Unrecorded Plat.

1.     Upon written request of the subdivider to the Planning Commission, a preliminary or final plat may be withdrawn from consideration either before or after approval by the Commission.  Upon approval of the request by a motion of the Commission, the Subdivision Administrator is automatically directed to remove the case file from the City records.

2.     Upon written request of the subdivider to the Clerk, a final plat for which dedications, if any, have been accepted by the Governing Body may be vacated by motion of the Governing Body; provided, that (1) the plat has not been recorded; (2) no lots have been sold or transferred; and (3) no improvements have been installed.  After the plat is vacated, the Administrator shall see that all fiscal sureties are returned to the subdivider except for those expenditures that have been incurred by the City in administrative, legal or engineering costs prior to the date of the request for vacation. Upon the return of such sureties, the Administrator is automatically directed to remove the case file including any petitions from the City records.

3.     Upon determining from the County Register of Deeds that a final plat has not been recorded within 60 days from its final acceptance by the Governing Body, the Administrator shall notify the subdivider that the plat is null and void and that the case file will be removed from the City records within 30 days unless a reapplication for platting is received during that time.

B.    Vacation of Recorded Plat. Recorded plats may be vacated by either replatting according to this sub- section or directly vacated according to sub-section D.  According to K.S.A. 12-512b, any recorded plat or part thereof or street, alley or other public reservation, including, without limitation, easements, dedicated building setback lines and access control, whether established by instrument,  condemnation or earlier plats, shall be vacated both as to use and as to title without any further proceedings upon the filing and recording with the County Register of Deeds in accordance with K.S.A. 12-403, any plat or replat duly executed in accordance with these regulations which embraces the same lands as those heretofore embraced by the earlier plat or part thereof or street, alley or other public reservation.  Streets, alleys or other public reservations which may be vacated shall revert, as provided for in K.S.A. 12-506, to abutting property  owners according to their frontage thereon; proved, that such land to be reverted was derived directly or indirectly from the owner of the land from which such street, alley or public reservation was originally platted. The proper completion of the Owner’s Certificate and Dedication as required by Section 5-101 Q 2 shall constitute appropriate notice to all persons having property rights or interest affected by the above platting or replatting.

C.    Correction of Platting Errors. According to K.S.A. 12-420, procedures are provided to correct certain platting errors. If, after recording a final plat, an error is found in distances, angles, bearings, subdivisions or street names, block or lot numbers, the computation of dimension or elevation or other details of the plat, except in connection with the outer boundaries of the plat, and if the property described in that part of the plat containing the error is under the ownership of the person who caused the plat to be prepared, the City Engineer, after substantiation of the existence of the error, may file an affidavit with the County Register of Deeds that the error was made. The affidavit shall describe the nature and extent of the error and the appropriate correction.  The Register of Deeds shall record the affidavit and shall place in the margin of the recorded plat a notation that the affidavit has been filed, the date of the filling and the book and page where it is recorded. The filing of the affidavit shall correct any such errors, but shall have no effect on the validity of the plat or any property interest recorded by reference thereto. A copy of the recorded affidavit shall be filed with the Subdivision Administrator.  The City will bill the person requesting the correction for  engineering costs and recording fees.

D.    Vacation of Streets, Alleys, Easements and Plats. According to K.S.A. 12-504 and 505, the following procedures are provided to vacate streets, alleys or other public reservations such as, but not limited to public easements, dedicated building setback lines, access control, or a part thereof, and including all or parts of recorded plats: * Note: The same statutory procedure may be used to exclude a portion of land from the boundaries of the City, i.e., the land could also be “deannexed”.

1.     Petitions for vacations received from the Governing Body, the owner of platted land or the owner of land adjoining on both sides of any street, alley, easement or other public reservation may be filed with the Clerk and transmitted to the Subdivision Administrator for processing.  All nongovernmental petitioners will be billed a processing fee.

2.     The Planning Commission shall give public notice of a hearing on a proposed vacation by publication once in the official city newspaper by the Subdivision Administrator.  At least 20 days shall elapse between the date of such publication and the date set for such hearing.  Such notice shall state (1) the nature of the vacation petitions, (2) the legal description of the property and (3) the date, time and place for the hearing before the Planning Commission.  The notice may contain the information that the hearing may be adjourned from time to time upon a motion to continue in the future at some stated date, time and place. Furthermore, the Commission by rule shall mail a notice at least 20 days before the hearing to all affected utility providers; all owners of land proposed for vacation; all landowners abutting a street, alley or easement including any segment remaining open; and owners on the opposite side of the street from vacations of setbacks and access control. The petitioner(s) shall provide a list of such landowners as required by the Subdivision Administrator, including names, addresses and zip codes.  Such notice to providers and landowners shall be mailed so that at least 20 days shall elapse between the mailing date and the hearing date.

3.     The Planning Commission shall hold a public hearing to consider a recommendation to the Governing Body as to whether the vacation should be approved or disapproved and with or without conditions attached.  At the hearing, the Planning Commission shall hear such testimony as may be presented or as may be required in order to fully understand the true nature of the petition and the propriety of recommending the same.  If the Planning Commission determines from the testimony presented that:

a.     Due and legal notice has been given;

b.    No private rights will be injured or endangered;

c.     The public will suffer no loss or inconvenience; and

d.    In justice to the petitioner(s) the vacation should be granted; then the Planning Commission shall recommend that such vacation be approved and entered at length in the minutes. Such recommendation may provide for the reservation to the City and/or the owners of any lesser property rights for public utilities, rights-of-way and easements for public service facilities originally located in such vacated land or planned for the future.  The recommendation may be conditioned upon the petitioner’s responsibility to remove or relocate all underground or surface utilities or paving in or on the vacated land.

4.     The petition shall not be recommended by the Planning Commission nor granted by the Governing Body if a written objection is filed with the Clerk, at or before the hearing, by any owner who would be a proper party to the petition, but has not joined therein.  Furthermore, when only a portion of a street, alley or public reservation is proposed to be vacated, the petition shall not be recommended by the Planning Commission nor granted by the Governing Body if a written objection is filed with the Clerk by any owner of lands that adjoin the portion to be vacated.

5.     The recommendation of the Planning Commission to the Governing Body shall be made in the same manner as provided by K.S.A. 12-752 for the submission and approval of a final plat. The Planning Commission shall announce at their hearing when the Governing Body will consider the recommendation on the vacation.

6.     Following the approval of the vacation by the Governing Body in the form of an order, the Clerk shall certify a copy of the order to the County Register of Deeds; however, such certification shall be withheld until such time as any conditions attached to the order have been satisfied. The Register of Deeds shall note on the recorded plat of the “townsite,” i.e., the City, or the applicable platted addition, the words, “canceled by order” or “canceled in part by order” and give the book and page where recorded.

A.    Applicability. This Section provides limited flexibility in the application and interpretation of the Subdivision Regulations through a waiver or modification process. The waiver or modification process shall ensure that the best design solutions are applied in laying out streets, blocks, lots, and open spaces in order to best implement the Comprehensive Plan for the City.

1.     Waiver.  A waiver is the relief from any design standard contained in these regulations.

2.     Modification. A modification is the application of an alternative design standard in place of a standard contained in these regulations.

B.    Waiver Criteria. Waivers to the standards of these regulations may be granted where the Planning Commission finds that all of the following conditions exist:

1.     An extraordinary hardship may result from strict compliance with these regulations due to unusual topographic or other physical conditions of the land or surrounding area not typical to other lands in the area; or alternatively, the purpose and intent of the regulation is not applicable to the specific development site and proposal and could not be achieved by any alternative standard.

2.     The physical condition or inapplicability of the purpose and intent is beyond the control of the applicant and shall not be due to the convenience or needs of a specific application or development proposal

3.     The requested waiver is the minimum deviation from the required standard necessary to relieve the hardship.

4.     The requested waiver shall not alter or impact any specific standard contained in any applicable zoning regulations.

5.     The requested waiver shall not compromise the intent or goals in any other standard of these regulations, or the goals of the Comprehensive Plan, with respect to the proposed plat and with respect to any adjacent sites.

6.     The waiver shall not have an adverse affect on existing adjacent landowners, potential future landowners in and adjacent to the subdivision, existing or potential development in adjacent areas, or the public.

7.     The waiver is necessary to promote efficient development of the land and surrounding areas based on sound planning principles.

C.    Modification Criteria.  Modifications to the standards of these regulations may be granted where the Planning Commission finds that all of the following conditions exist:

1.     An equal or better result, considering the Comprehensive Plan, the purposes of these regulations, and the intent of the specific design standard being modified, may be achieved with an alternative standard.

2.     The plat shall propose an alternative to the required standard for which the modification is requested, including documented evidence of the potential public and long-term benefits that can result from the alternative standard.

3.     The physical condition of property, and the proposed development application, are unique so that the alternative standard may not be generally applicable throughout the City.

4.     The requested modification is the minimum deviation from the required standard necessary to achieve the purpose and intent of these regulations and the public benefits of the alternative standard.

5.     The requested modification shall not alter or impact any specific standard contained in any applicable zoning regulations.

6.     The requested modification shall not compromise the intent or goals in any other standard of these regulations, or the goals of the Comprehensive Plan, with respect to the proposed plat and with respect to any adjacent sites.

7.     The modification shall not have an adverse affect on existing adjacent landowners, potential future landowners in and adjacent to the subdivision, existing or potential development in adjacent areas, or the public.

8.     The modification is necessary to promote efficient development of the land and surrounding areas based on sound planning principles.

D.    Decision.  Waivers or modifications shall be identified on the application for a preliminary plat or in the preliminary plat process, and shall only be effective upon approval of a final plat, in the sole discretion of the Planning Commission.

E.    Conditions. In granting approval of a subdivision with a waiver or modification, the Planning Commission may require that conditions to secure the objectives and interest of the City, and to enforce purposes and intent of these regulations.

A.    Appeals General. The subdivider of a proposed subdivision may appeal decisions made in the enforcement of these regulations by the Subdivision Administrator to the Planning Commission and by the Planning Commission to the Governing Body.  In the event the Governing Body sustains the Planning Commission, the actions of the Planning Commission shall be final except as otherwise provided by law.  If the Governing Body overrules the Planning Commission, the Governing Body shall make its decision in writing or in the minutes of the meeting, stating the reason therefore and return such decision and plat to the Planning Commission for consideration of reapproval.

B.    Appeals on Improvement Standards.  Any appeal as to approval of standards or plans and engineering drawings in connection with required improvements shall be directed to the Governing Body and that action shall be final.

A.    Amendment Procedure.  These regulations may be amended at any time after the Planning Commission shall have held a public hearing on the proposed amendment.  A notice of such public hearing shall be published once in the official city newspaper so that at least 20 days shall elapse between the publication date and the date of such hearing.  Such notice shall fix the time and place for the hearing and shall  describe such proposed amendment(s) in general terms.  The hearing may be adjourned from time to time. At its conclusion, the Planning Commission shall prepare its recommendations and by an affirmative vote of a majority of the entire membership of the Commission adopt the proposed amendments to these  regulations and submit them, together with the written summary of the hearing thereon, to the Governing Body. The Governing Body either may: (1) Approve such recommendations by ordinance; (2) override the Planning Commission recommendation by a 2/3 majority vote; or (3) return the same to the Commission for further consideration, together with a statement specifying the basis for the Governing Body’s failure to approve or disapprove. If the Governing Body returns the Commission’s recommendations, the Commission after considering the same, may resubmit their original recommendations giving the reasons therefore or submit new and amended recommendations.  Upon the receipt of such recommendations, the Governing Body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by an ordinance, or it need take no further action thereon. If the Commission fails to deliver its recommendations to the Governing Body following the Commission’s next regular meeting after receipt of  the Governing Body’s report, the Governing Body shall consider such course of inaction on the part of the Commission as resubmission of the original recommendations and proceed accordingly.  The amended regulations shall become effective upon publication of the respective adopting ordinance.  A copy of such legal publication shall be added to the Appendix of these regulations.

B.    Annual Review. In order to maintain these regulations, the Planning Commission shall annually hold a public review at its regular meeting in January to consider amendments, if any, to these regulations. Notification of such a public review may be distributed to governmental agencies and interested parties.  If amendments are deemed desirable, the amendment procedure as described in Section 12-100 shall be followed.  During the intervening period between reviews, the Subdivision Administrator shall maintain a list of possible amendments that may be periodically brought to his or her attention.

C.    Judicial Review. As provide in K.S.A. 12-760, as amended, any ordinance, regulation or decision provided for or authorized by these regulations shall be reasonable and any person aggrieved thereby may have the reasonableness of any decision determined by bringing an action against the City within 30 days after a final decision is made by the City.  Such action shall be brought in the Sedgwick County District Court.