(a) Purpose. The purpose of the final site and building plan application process is to:
(1) Ensure that new buildings, building additions and site characteristics comply with city code requirements;
(2) Ensure that sufficient information is provided by the applicant to determine compliance with city code requirements;
(3) Establish decision making authority on new development commensurate with the potential for impacts on surrounding uses; and
(4) Ensure that approved development not yet constructed complies with city code requirements that may have changed since the project’s initial or most recent approval.
(b) Where required. Except where final development plans have been approved (see city code § 21.501.03), final site and building plan approval is required in all zoning districts prior to the issuance of any permit for a new building, building addition, parking lot expansion or site characteristic modification with the following exceptions:
(1) Single-family detached dwellings and their accessory buildings and site characteristics, including garages, do not require final site and building plan approval; and
(2) Accessory buildings and site characteristics, including garages, for two-family dwellings do not require final site and building plan approval.
(c) Review and approval.
(1) The Planning Manager will review and act upon the following types of final site and building plan applications. In the event that a final site and building plan application is denied by the Planning Manager, the applicant may appeal the decision to the City Council by submitting an appeals request with supporting materials within three business days of the decision:
(A) Two-family dwellings;
(B) Accessory buildings (except for single-family and two-family dwellings);
(C) Garages (except for single-family and two-family dwellings);
(D) Parking lots or other site characteristic modifications;
(E) New buildings or building additions to unplatted properties that do not exceed 1,000 square feet; and
(F) Revisions to previously approved final site and building plans except those that involve:
(i) Building additions that exceed 5% of the existing floor area for the building or that exceed 10,000 square feet;
(ii) An increase in the number of dwelling units;
(iii) Deviations to city code requirements; or
(iv) Modifications to any condition of approval adopted by the Planning Commission or City Council. If a revision requires modification to a condition of approval previously adopted by the City Council, the revision must be reviewed by the City Council.
(2) The Planning Commission will review and act upon all other types of final site and building plan applications except as discussed in subsection (c)(3) below. The applicant or a member of the public may appeal the decision of the Planning Commission to the City Council by submitting an appeals request with supporting materials within three business days of the decision. If the Planning Commission action results in a tie vote, the final site and building plan application is automatically sent to the City Council for final action.
(3) The Planning Commission will review and make a recommendation and the City Council will review and act upon any final site and building plan applications related to an associated conditional use permit, interim use permit, variance, rezoning or Comprehensive Plan amendment application when City Council review is required for the related application.
(4) The City Council will review and act upon any tie vote by the Planning Commission or appeal of a decision by the Planning Manager or Planning Commission of a final site and building plan application. The appellant will be given the opportunity to present their case in front of the City Council.
(5) The entity empowered to take action on a given final site and building plan application has the authority to attach conditions of approval to that application.
(d) Findings. The following findings must be made prior to approval of final site and building plans or revisions to final site and building plans:
(1) The proposed development is not in conflict with the Comprehensive Plan;
(2) The proposed development is not in conflict with any adopted district plan for the area;
(3) The proposed development is not in conflict with city code provisions or state law; and
(4) The proposed development will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.
(e) Expiration. Final site and building plans expire two years after approval if no building permit (or other applicable permit if no building permit is required) is issued for the approved development within that timeframe. This expiration standard applies to all final site and building plans approved on or after December 1, 2009. For final site and building plans approved by the Planning Commission, the plans are deemed to be approved on the date that the appeal period ends. Prior to plan approval expiration, a land owner may apply to the Director of Community Development for no more than one time extension of up to one year. The Director of Community Development may issue the extension upon a finding that the applicant is making a good faith effort to make progress on the final site and building plan.
(f) Content. Final site and building plan applications must include the following information, unless exempted by the Planning Manager:
(1) An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative;
(2) The required application fee as set forth in City Code Appendix A;
(3) Written documentation that includes:
(A) A complete description of the project;
(B) Site and building information, including lot sizes, building sizes, floor area ratios and residential densities by lot and by site;
(C) Project phasing and construction scheduling;
(D) Hours of operation;
(E) A description of the covenants or agreements that may influence the use and maintenance of the proposed development;
(F) Anticipated employment;
(G) Storm water management plans and calculations that meet the requirements of city code Chapter 16 and the city comprehensive surface water management plan;
(H) Anticipated trip generation based on the most recent edition of the ITE Trip Generation Manual; and
(I) Anticipated peak hour and average day water demand and wastewater flow.
(4) Samples of proposed exterior materials;
(5) Plans, in a number of sets, sizes and formats specified by the Planning Manager, that include:
(A) A location map indicating property ownership surrounding the proposed development;
(B) Existing and proposed site features at a scale of one-to-50 or larger;
(C) Topography in two-foot contour intervals;
(D) Boundary lines of the site and each lot within the site with dimensions;
(E) Adjacent properties and structures;
(F) Existing adjacent and on-site streets, rights-of-way and easements;
(G) Required and proposed rights-of-way (including planned widened rights-of-way) and easements adjacent to and on site;
(H) Existing and proposed sidewalks, walkways and bikeways;
(I) Locations of buildings and structures with basement and first floor elevations, structural dimensions; and setbacks from property lines or, if applicable, planned widened rights-of-way;
(J) Freestanding sign locations with setback dimensions and separate drawings of each sign, with dimensions;
(K) Curbs, parking facilities, islands, snow storage areas, cart storage areas and driveways with dimensions;
(L) Location and detailed drawings of fences, walls and retaining walls;
(M) Location of the access point to interior refuse and recyclable collection areas;
(N) Location of any proposed outdoor smoking areas;
(O) Exterior air handling, electric, gas and similar types of equipment and meters;
(P) Water bodies including streams, lakes, ponds, marshes and wetlands;
(Q) Site circulation plan;
(R) Construction phasing and staging;
(S) Rooftop equipment and screening plans with elevation drawings of rooftop equipment and screening;
(T) Wetland information, if applicable (see city code Chapter 16);
(U) A lighting plan (see city code § 21.301.07);
(V) A preliminary landscaping plan (see city code § 21.301.15 and adopted landscape procedures);
(W) Building plans, including:
(i) Elevation drawings of all proposed buildings and structures indicating height to the highest point of the structure;
(ii) Dimensioned floor plans for all stories of proposed buildings with room usage and denoting the location of all gas, mechanical and electrical metering equipment;
(iii) Underground parking plans, if applicable, with dimensions;
(iv) Typical residential unit plans, if applicable, with dimensions and square footage;
(v) Residential storage areas, if applicable;
(vi) Building mounted sign details with dimensions;
(vii) Recyclable and trash storage locations;
(viii) Fire Department connections and communication panels; and
(ix) Building information, including:
(aa) Gross and net leasable square footage by use type of all existing and proposed structures on site;
(bb) Maximum occupancy levels of gathering spaces;
(cc) Elevation above mean sea level of all floors and the roof;
(dd) Dwelling unit sizes and bedroom mixes; and
(ee) Type of construction.
(X) Site information, including:
(i) Site and individual lot sizes;
(ii) Percent building coverage and percent impervious coverage;
(iii) Floor area ratio by lot and by site;
(iv) Dwelling unit density, if applicable, by lot and by site; and
(v) The number of handicapped and non-handicapped parking spaces required and provided.
(Y) Grading, drainage and erosion control plans that include:
(i) Existing contours at a minimum interval of two feet;
(ii) Proposed contours at a minimum interval of two feet;
(iii) Existing individual trees of 12-inch diameter or greater and/or tree masses as required;
(iv) Retaining wall locations, elevations of top and bottom of wall and construction details;
(v) Proposed berms for landscaping and screening;
(vi) Erosion control and temporary storm water management measures;
(vii) Permanent storm water management measures;
(viii) If requested, cross sections of existing and proposed grades including on adjacent properties; and
(ix) If requested, cut and fill plans showing the extent of earth movement in two-foot increments.
(Z) Utility plans that include:
(i) Existing and proposed water lines and facilities on and adjacent to the site with pipe type and sizes, fire hydrant locations and Fire Department connections;
(ii) Existing and proposed storm sewer lines and facilities on and adjacent to the site with pipe type and size, catch basin locations with top of casting and invert elevations, underground storm water management facilities and details and ponding areas and capacities;
(iii) Existing and proposed sanitary sewer lines and facilities on and adjacent to the site with pipe type and size, manhole locations with top of casting and invert elevations and lift station locations; and
(iv) Existing and proposed telephone, fiber, electric, natural gas, cable and other private utility services.
(AA) Sound source control plan, if applicable;
(BB) Certified existing conditions survey by a registered land surveyor;
(CC) Each plan sheet should include the date of plan preparation, the date of revisions, scale, north arrow and name of project; and
(DD) Any other needed information specified by the Planning Manager.
(6) Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed development may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include, but are not limited to, traffic, environmental, storm water management, wetland, and utility studies.
(7) Any mandatory environmental review. Preparation and review of required documentation for any development project subject to mandatory environmental review as described in Chapter 21, Article V, Division F must be completed prior to any official action being taken by the city to approve the proposed development. Review of a development application may occur concurrent with a mandatory environmental review provided the required environmental review documentation is submitted with the development application.
(Ord. 2009-34, passed 11-2-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2013-2, passed 2-25-2013; Ord. 2015-15, passed 5-18-2015; Ord. 2015-28, passed 11-2-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2021-7, passed 4-26-2021; Ord. 2021-26, passed 8-30-2021; Ord. 2022-22, passed 5-9-2022; Ord. 2022-74, passed 12-19-2022; Ord. 2023-45, passed 12-18-2023)