§ 151.250 PURPOSE.

   The purpose of this subchapter is to advance all the following objectives in the public interest:

   (A)   Carry out the development pattern and plan of the city and its comprehensive plan policies through efficient and effective review of site development proposals;

   (B)   Provide a discretionary review path for projects that need or prefer more flexibility than is allowed by the clear and objective standards;

   (C)   Promote the public health, safety, and general welfare;

   (D)   Provide for adequate multimodal transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards; and

   (E)   Encourage efficient use of land resources and public services, and the provision of transportation options.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.251 APPLICABILITY.

   (A)   Site design review approval is required for new development and redevelopment that meets the thresholds of § 151.252 below. Site design review approval is also required to expand a nonconforming use or development per § 151.355.

   (B)   Exceptions. Except as specified by a condition of approval of a prior city decision, or as required for uses subject to conditional use permit approval, site design review is not required for the following:

      (1)   Change in occupancy from one type of land use to a different land use resulting in no increase in vehicular traffic or development;

      (2)   Single-family detached dwelling (including manufactured home) on its own lot, except as required for properties within the Historic Resource Overlay Zone;

      (3)   A single duplex;

      (4)   Nonresidential building addition of up to 500 square feet or 20%, whichever is greater;

      (5)   Home occupation, except for those requiring a conditional use permit per § 151.077;

      (6)   Development and land uses that are already approved as part of a site design review or conditional use permit application;

      (7)   Public improvements required by city standards or as stipulated by a condition of land use approval (e.g., transportation facilities and improvements, parks, trails, utilities, and similar improvements), as determined by the City Planning Official, except where a condition of approval requires site design review; and

      (8)   Regular maintenance, repair, and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.252 REVIEW PROCEDURE.

   (A)   Site design review shall be conducted using the Type II procedure in § 151.232, except those proposals that exceed any one of the thresholds in division (B) below.

   (B)   Proposals exceeding any one of the thresholds below shall be reviewed using the Type III procedure in § 151.233:

      (1)   The proposed use's estimated vehicle trip generation exceeds 100 average daily trips, based on the latest edition of the Institute of Transportation Engineers (ITE) Manual;

      (2)   The use exceeds 20,000 square feet of gross leasable floor area; or the project involves more than one-acre total site area;

      (3)   For commercial development, the project does not meet one or more of the applicable clear and objective building design standards in §§ 151.110 and 151.111.

      (4)   For residential development, the project does not meet one or more of the applicable clear and objective building design standards in §§ 151.125 through 151.127;

      (5)   The proposal involves a conditional use (new or expanded);

      (6)   The proposal involves a variance under § 151.323.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.253 APPLICATION SUBMISSION REQUIREMENTS.

   All of the following information is required for site design review application submittal, except where the City Planning Official determines that some information is not pertinent and therefore is not required.

   (A)   General submission requirements.

      (1)   Information required for Type II or Type III review, as applicable (see §§ 151.230 through 151.238).

      (2)   Public facilities and services impact study. The impact study shall quantify and assess the effect of the development on public facilities and services. The city shall advise as to the scope of the study. The study shall address, at a minimum, the transportation system, including required improvements for vehicles and pedestrians; the drainage system; the parks system; water system; and sewer system. For each system and type of impact, the study shall propose improvements necessary to meet city requirements. The city may require a traffic impact analysis pursuant to § 151.216.

   (B)   Site design review information. In addition to the general submission requirements per §§ 151.230 through 151.238, an applicant for site design review shall provide the following information, as deemed applicable by the City Planning Official. The City Planning Official may request any information they need to review the proposal and prepare a complete staff report and recommendation to the approval body.

      (1)   Site analysis/existing conditions map. The site analysis map shall contain all the following information, as the City Planning Official deems applicable:

         (a)   The applicant's entire property and the properties within 100 feet, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions, and gross area shall be identified;

         (b)   Topographic contour lines at 2-foot intervals for slopes, except where the Public Works Director determines that larger intervals will be adequate for steeper slopes;

         (c)   Identification of slopes greater than 15%, with slope categories identified in 5% increments (e.g., 0%-5%, >5%-10%, >10%-15%, >15%-20%, and so forth);

         (d)   The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site;

         (e)   Potential natural hazard areas, including, as applicable, the base flood elevation identified on FEMA Flood Insurance Rate Maps or as otherwise determined through site specific survey, areas subject to high water table, and areas designated by the city, county, or state as having a potential for geologic hazards;

         (f)   Areas subject to overlay zones;

         (g)   Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals, and ditches;

         (h)   The location, size, and species of trees and other vegetation (outside proposed building envelope) having a caliper (diameter) of 6 inches greater at 4 feet above grade (DBH);

         (i)   North arrow, scale, and the names and addresses of all persons listed as owners of the subject property on the most recently recorded deed; and

         (j)   Name and address of project designer, engineer, surveyor, and/or planner, if applicable.

      (2)   Proposed site plan. The site plan shall contain all the following information:

         (a)   The proposed development site, including boundaries, dimensions, and gross area;

         (b)   Features identified on the site analysis map that are proposed to remain on the site;

         (c)   Features identified on the site analysis map, if any, which are proposed to be removed or modified by the development;

         (d)   The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;

         (e)   The location and dimensions of all existing and proposed structures, utilities, pavement, and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;

         (f)   The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access;

         (g)   The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops);

         (h)   Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;

         (i)   Loading and service areas for waste disposal, loading, and delivery;

         (j)   Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements;

         (k)   Location, type, and height of outdoor lighting;

         (l)   Location of mailboxes, if known;

         (m)   Name and address of project designer, if applicable;

         (n)   Locations of bus stops and other public or private transportation facilities; and

         (o)   Locations, sizes, and types of signs.

      (3)   Architectural drawings. Architectural drawings shall include, as applicable:

         (a)   Building elevations with dimensions;

         (b)   Building materials, colors, and type; and

         (c)   Name and contact information of the architect or designer.

      (4)   Preliminary grading plan. A preliminary grading plan prepared by a registered engineer shall be required for development sites one-half acre or larger, or where otherwise required by the city. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required.

      (5)   Landscape plan. Where a landscape plan is required, it shall show the following, pursuant to §§ 151.155 through 151.157:

         (a)   The location and height of existing and proposed fences, buffering, or screening materials;

         (b)   The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;

         (c)   The location, size, and species of the existing and proposed plant materials (at time of planting);

         (d)   Existing and proposed building and pavement outlines;

         (e)   Specifications for soil at time of planting, irrigation if plantings are not drought tolerant (may be automatic or other approved method of irrigation), and anticipated planting schedule; and

         (f)   An arborist's report may be required for sites with trees of 6 inches DBH or greater that are to be retained and protected.

      (6)   Deed restrictions. Copies of all existing and proposed restrictions or covenants, including those for roadway access control.

      (7)   Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in § 151.255.

      (8)   Traffic impact analysis, when required by § 151.216.

      (9)   Other information determined by the City Planning Official. The city may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, noise, environmental features, natural hazards, etc.), as necessary to determine a proposal's conformance with this Code.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.254 APPROVAL CRITERIA.

   (A)   An application for site design review shall be approved if the proposal meets all the following criteria. The city decision-making body, in approving the application, may impose reasonable conditions of approval, consistent with the applicable criteria.

      (1)   The application complies with all of the applicable provisions of the underlying land use zone, including, but not limited to, building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, and other applicable standards;

      (2)   The proposal includes required upgrades, if any, to existing development that does not comply with the applicable land use zone standards, pursuant to § 151.355 Nonconforming Situations;

      (3)   The proposal complies with all of the community design standards of this chapter as applicable.

      (4)   For Type III reviews of commercial and residential developments that do not meet clear and objective building design standard in §§ 151.110 and 151.111 or §§ 151.125 through 151.127, the proposal must demonstrate how it meets the stated guideline(s) for those standard(s) not being met.

      (5)   The proposal complies with any applicable regulations of:

         (a)   Sections 151.075 through 151.085 Special Use Standards

         (b)   Sections 151.270 through 151.273 Conditional Use Permits.

         (c)   Section 151.355 Nonconforming Situations.

      (6)   For nonresidential uses, all adverse impacts to adjacent properties, such as light, glare, noise, odor, vibration, smoke, dust, or visual impact, are avoided; or where impacts cannot be avoided, they are minimized; and

      (7)   The proposal meets all existing conditions of approval for the site or use, as required by prior land use decision(s), as applicable.

   (B)   Note. Compliance with other city codes and requirements, though not applicable land use criteria, may be required prior to issuance of building permits.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.255 ASSURANCES.

   Public improvement required as part of a site design review approval shall be subject to the performance guarantee and warranty bond provisions of § 151.218, as applicable.

(Ord. 2021-08-02, passed 10-12-2021)

§ 151.256 COMPLIANCE WITH CONDITIONS, PERMIT EXPIRATION AND MODIFICATIONS.

   Development shall not commence until the applicant has received all applicable land use and development approvals. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city may require bonding or other assurances for improvements per § 151.218. Site design review approvals are subject to all of the following standards and limitations:

   (A)   Approval period. Site Design Review approvals shall be effective for a period of 1 year from the date of approval. The approval shall lapse if:

      (1)   A public improvement plan or building permit application for the project has not been submitted within 1 year of approval; or

      (2)   Construction on the site is in violation of the approved plan.

   (B)   Extension. The City Planning Official, upon written request by the applicant, may grant a written extension of the approval period not to exceed 1 year; provided that:

      (1)   No changes are made on the original approved plan;

      (2)   The applicant can show intent of initiating construction on the site within the 1-year extension period;

      (3)   There have been no changes to the applicable Code provisions on which the approval was based. If there have been changes to the applicable Code provisions and the subject plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required; and

      (4)   The applicant demonstrates that failure to obtain building permits and substantially begin construction within 1 year of site design approval was beyond the applicant's control.

   (C)   Modifications to approved plans and developments. Modifications to approved plans are subject to city review and approval under §§ 151.285 through 151.288.

(Ord. 2021-08-02, passed 10-12-2021)