6-6(I)   SITE PLAN - EPC

All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(I) or the DPM.

6-6(I)(1)   Applicability

6-6(I)(1)(a)   A Site Plan - EPC may only be approved for legally platted or nonconforming lots, and may not be approved on unsubdivided property, except for development in the PD or NR-SU zone districts and any development on a site 5 acres or greater adjacent to Major Public Open Space, in which case a Site Plan approval is required prior to any platting action.

6-6(I)(1)(b)   A Site Plan - EPC may be approved for property with a prior-approved Site Plan, regardless of whether the prior-approved Site Plan is still valid pursuant to Subsection 14-16-6-4(X), subject to allowable uses and development standards in this IDO. If any portions of the proposed boundary overlap with a prior-approved Site Plan that will remain in place, a Major Amendment shall be required as described in Subsection 14-16-6-6(I)(2)(d) below.

6-6(I)(1)(c)   This Subsection 14-16-6-6(I) applies to any of the following:

   1.   Any application within an NR-PO zone district that does not qualify for consideration as a Site Plan - Administrative pursuant to Subsection 14-16-6-5(G).

   2.   Any application for development associated with a Zoning Map Amendment application in a zone district that requires a Site Plan - EPC to be reviewed and decided simultaneously, including but not limited to MX-FB, NR-SU, and PD.

   3.   Any application for development on a lot 5 acres or greater adjacent to Major Public Open Space.

   4.   Any Subdivision or Site Plan application for development that has not avoided sensitive lands identified in the sensitive lands analysis required pursuant to Subsection 14-16-5-2(C).

   5.   Any application for development in the Railroad and Spur Small Area requiring a cumulative impact analysis pursuant to Subsections 14-16-5-2(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements).

   6.   Any application for development for which the applicant requests EPC review, provided that the Planning Director concurs with that request.

   7.   Any application for an electric utility within any zone district where EPC approval is required by the Facility Plan for Electric Transmission.

   8.   Any application involving a major utility as a primary use of the site unless specified otherwise in an adopted Facility Plan.

   9.   Any application for development requesting an outdoor and site lighting performance analysis to determine compliance with lighting requirements. 212

6-6(I)(2)   Procedure

6-6(I)(2)(a)   For Extraordinary Facilities in the NR-PO-B sub-zone, the Open Space Advisory Board shall review the application and make a recommendation to the EPC.

6-6(I)(2)(b)   The City Planning Department staff shall review the application and forward a recommendation to the EPC.

6-6(I)(2)(c)   City Planning Department staff shall refer the application for comment and forward any comments received from commenting agencies pursuant to Subsection 14-16-6-4(J) to the EPC.

6-6(I)(2)(d)   If the boundary of a proposed site plan includes a portion of the boundary of a prior-approved Site Plan that is still valid pursuant to Subsection 14-16-6-4(X), the prior-approved Site Plan must be amended through a Major Amendment pursuant to Subsection 14-16-6-4(Y) or Subsection 14-16-6-4(Z), as applicable, to remove the overlapping area proposed in a new site plan before an application for a new site plan that includes that overlapping area can be decided, because only one site plan shall apply to any property.

6-6(I)(2)(e)   A Site Plan - EPC may not be approved until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).

6-6(I)(2)(f)   The EPC may grant deviations to IDO standards as part of this approval within the thresholds established in Section 14-16-6-4(P) (Deviations).

6-6(I)(2)(g)   The EPC may grant a Variance to IDO standards (other than to standards in Sections 14-16-5-3, 14-16-5-4, or 14-16-5-5) pursuant to Subsection 14-16-6-6(N) (Variance - EPC).

6-6(I)(2)(h)   Any request for a Waiver to IDO standards in Sections 14-16-5-3 (Access and Connectivity), 14-16-5-4 (Subdivision of Land), or 14-16-5-5 (Parking and Loading) requires review and approval by the DHO pursuant to Subsection 14-16-6-6(P) (Waiver - DHO).

6-6(I)(2)(i)   A Site Plan - EPC may not be approved until after any necessary Variances or Waivers are obtained.

6-6(I)(2)(j)   Any Variances, Waivers, or deviations granted that are associated with a Site Plan shall be noted on the approved Site Plan.

6-6(I)(2)(k)   If the Site Plan will replace a prior-approved Site Plan, the project number, case number, site boundary, and date of the Notice of Decision of the original approval shall be noted on the site plan.

6-6(I)(2)(l)   The EPC shall conduct a public hearing on the application and shall make a decision on the application.

6-6(I)(2)(m)   Site Plans shall be reviewed administratively for compliance with conditions of approval, DPM standards, and zoning standards prior to the issuance of a building permit.

6-6(I)(3)   Review and Decision Criteria

Any application for a Site Plan - EPC shall be approved if it meets all of the following criteria.

6-6(I)(3)(a)   The Site Plan is consistent with the ABC Comp Plan, as amended.

6-6(I)(3)(b)   The Site Plan is consistent with any applicable terms and conditions in any previously approved NR-SU or PD zoning covering the subject property and any related development agreements and/or regulations.

6-6(I)(3)(c)   The Site Plan complies with all applicable provisions of this IDO, the DPM, other adopted City regulations, and any terms and conditions specifically applied to development of the property in a prior permit or approval affecting the property.

6-6(I)(3)(d)   The City's existing infrastructure and public improvements, including but not limited to its street, trail, drainage, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the maximum extent practicable.

6-6(I)(3)(e)   The application mitigates any significant adverse impacts on the project site and the surrounding area to the maximum extent practicable.

6-6(I)(3)(f)   If the subject property is within an approved Master Development Plan, the Site Plan meets any relevant standards in the Master Development Plan in addition to any standards applicable in the zone district the subject property is in.

6-6(I)(3)(g)   If a cumulative impact analysis is required in the Railroad and Spur Small Area pursuant to Subsections 14-16-5-2(E) (Cumulative Impacts) and 14-16-6-4(H) (Cumulative Impacts Analysis Requirements), the Site Plan incorporates mitigation for all identified cumulative impacts. The proposed development will not create material adverse impacts on water quality or other land in the surrounding area through increases in traffic congestion, parking congestion, noise, vibration, light spillover, or other nuisances without sufficient mitigation or civic or environmental benefits that outweigh the expected impacts.

6-6(I)(3)(h)   If an outdoor or site lighting performance analysis is requested, the proposed lighting design must prove it will not adversely affect the lighting requirements of Section 14-16-5-2(E) without sufficient mitigation and benefits that outweight the expected impacts. 213

 

Notes

212	212 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1. [Spreadsheet Item #56 and Exhibit - Lighting]
213	213 IDO Annual Update 2023 - Citywide Text Amendments - EPC REVIEW. EPC Recommended Condition #1.