A. Master Site Plan, Including Modifications.
1. General.
a. Purpose and Intent. The purpose of this subsection is to set forth well-defined application processes, review criteria, and uniform procedures for the development of lands designated as mixed use pods within planned industrial development (PID) zoning districts.
b. Applicability. Pursuant to the PID regulations of Chapter 3, Article III, Section 6.B.8., the establishment of a mixed use pod shall require the concurrent approval of a master site plan. This master site plan is the conceptual plan for the entire mixed use pod with which individual technical site plans and buildings are to be consistent. Technical site plans shall be reviewed and approved only after the City Commission approves the mixed use pod (hereinafter "master site plan"). See Section 3.B. below for additional regulations pertaining to the technical site plan application.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria. The master site plan shall comply with the following: 1) the requirements of the PID zoning district of Chapter 3, Article III; 2) site development standards described in Chapter 4; and 3) the best development practices in the sustainable and green checklist.
4. Approval Process. An application for master site plan approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. Upon approval of the master site plan at a public hearing, the city shall announce that the approval of a technical site plan is required prior to the issuance of any building permits pursuant to Section 3.B. below; that the approval process for the technical site plan requires the review and approval of the technical site plan by city administrative staff; and that the review and approval of the technical site plan does not require any additional public notices or hearings.
5. Expiration. The approval of a master site plan shall remain valid indefinitely.
6. Modification to Master Site Plan.
a. General. An applicant may request to modify an approved master site plan. Changes to master site plans are either "minor" or "major" based on criteria within this section. The applicant shall schedule a pre-application meeting with staff and bring the proposed master site plan and any other affected plan or exhibit to the meeting. Staff shall consider the following factors in determining whether the proposed master site plan modification is considered "major":
(1) Changes to the previously approved minimum or maximum square footage of non-residential uses by more than five percent (5%); the threshold increases to ten percent (10%) if considered a sustainable development and meets the intent of the city's green building initiatives;
(2) Increases in height above that which has been approved by the master site plan;
(3) Increases in the maximum number of residential units as indicated on the master site plan;
(4) Elimination of principle open spaces and principle pedestrian plazas;
(5) Description of changes proposed to the approved architectural design whereby the proposed design is inconsistent with the approved design and that such changes results in a downgraded elevation;
(6) Increases in degree of approved waivers;
(7) All other revisions to the master site plan include but are not limited to the following: 1) relocation of approved square footage; 2) conversion of square footage from one (1) component to another (e.g. commercial to office); and 3) conversion from one (1) use to another shall be processed as a minor master site plan modification in accordance with Section 3.A.6.c. below.
b. Major Master Site Plan Modification.
(1) Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
(2) Review Criteria. The proposed master site plan shall comply with the requirements of the PID zoning district and the site development standards described in Chapter 4.
(3) Approval Process. An application for major master site plan modification approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
(4) Expiration. Approval of a major master site plan modification shall remain valid indefinitely. At the time the City Commission approves a request for a major master site plan modification, any previously approved master site plan, including any conditions for approval, shall be null and void. All future development shall be consistent with the requirements and conditions contained in the master site plan, as modified and approved by the City Commission.
c. Minor Master Site Plan Modification.
(1) Submittal Requirements. The applicant shall submit a letter explaining the requested modification(s) along with the proposed master site plan (in the number of copies specified by the Division). The applicant shall also provide written consent from the property owner to file an application for the minor master site plan modification.
(2) Review Criteria. The proposed master site plan shall comply with the following: 1) all applicable conditions of approval of the preceding master site plan; 2) requirements of the PID zoning district; and 3) the site development standards described in Chapter 4.
(3) Approval process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor master plan modification, all future development shall be consistent with the master site plan, as modified, including all previously approved conditions of approval associated with the master site plan.
d. Technical Site Plan Consistency with Master Site Plan. Modifications to master site plans that represent changes to the technical site plan will require the subsequent submittal of a new technical site plan.
7. Miscellaneous. Staff may recommend as a condition of approval of a master site plan for a development with multiple and/or components, that a unity of title among the parcels and/or components be required. However, in cases where unity of title is a condition of master site plan approval, this condition may be released under the following conditions:
a. If the property is not owned by a single owner/entity the project as a whole, including its various components, is administered by a property owner's association with fee reserves for property maintenance of at least six (6) months. For the purposes of this section, the term "reserves" means:
(1) Unless and to the extent that these fees are not provided by other associations, an account shall be maintained by the property owner's association (POA), separate and apart from the POA's general operating account, for capital expenditures and deferred maintenance. The reserve account shall include, but is not limited to the amount necessary for routine maintenance of the common areas, and shall include but is not limited to building/structure painting, landscaping maintenance, storm water infrastructure maintenance, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost.
(2) The amount to be reserved shall be computed by means of a formula which is based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. The POA shall adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance. Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and shall be used only for authorized reserve expenditures.
(3) The POA shall provide the city with a copy of the annual POA finance report for a period of one (1) year from the date of issue of the last certificate of occupancy (C.O.) for any structure/building on the project.
b. The owners of the various components have executed perpetual cross access and shared parking agreements to the extent required by the approved master site plan.
c. A sign program approved by the city is in place that regulates all project signage in conformance with the city Land Development Regulations and is applicable to all components of the project.
d. The owners have agreed to the continued calculation of overall project density based on the entire project despite the creation of individual parcels with multiple owners.
B. Technical Site Plan, Including Modifications.
1. General.
a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures, well-defined application processes, and information to guide the processing and review of technical site plan submittals. It is also the intent to provide for separate submittal requirements and expedited review processes for those developments that qualify as a sustainable development (as defined by Chapter 1, Article II, Definitions) and meets the intent of the city's green building initiatives.
b. Applicability. A technical site plan is required only in conjunction with the approval of a master site plan of a mixed use pod within a PID. See Section 3.A. above for additional regulations regarding the master site plan.
2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application.
3. Review Criteria. The technical site plan shall be consistent with the corresponding master site plan and comply with the following: 1) any applicable conditions of approval of the master site plan; 2) all applicable requirements of the PID zoning district; 3) the site development standards described in Chapter 4; and 4) the best development practices in the sustainable and green checklist.
4. Approval Process. Within ten (10) business days following staff review of a technical site plan, the Director of Development or designee shall take the following action: 1) approve the technical site plan as submitted; 2) approve the technical site plan with staff conditions; or 3) deny the technical site plan. Once a development order is issued, the five (5) day review period has elapsed, and all conditions have been satisfied, individual buildings on a technical site plan may be phased incrementally. Buildings allowed strictly through the permitting process may not exceed the building envelope as shown on the approved technical site plan.
5. Expiration. Upon approval of a technical site plan, the applicant shall have two (2) years to secure a building permit. All previous approvals shall become null and void if the applicant is unable to secure a building permit within the above timeframe. For the purposes of this section, minor permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing; walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit necessary to extend the life of a development order.
6. Modification of Technical Site Plan.
a. General. An applicant may request to modify an approved technical site plan. Changes to technical site plans are either "inconsistent" or "consistent" with the master site plan based on criteria within this section. The applicant shall schedule a pre-application conference with staff and bring the proposed technical site plan and any other affected plan or exhibit to the meeting. Staff shall consider the following factors in determining whether the proposed technical site plan modification is considered "inconsistent" with the master site plan:
(1) Changes which violate the project's previously approved minimum or maximum square footage of non-residential uses;
(2) Increases in height above that which has been approved by the technical site plan;
(3) Increases in the maximum number of residential units as indicated on the technical site plan;
(4) Elimination of principal open spaces and principal pedestrian plazas;
(5) Changes to approved architectural design standards whereby proposed architectural design standards are inconsistent with approved architectural design standards;
(6) Increases in degree of approved waivers;
b. Inconsistent with Master Site Plan. Any proposed modification to a technical site plan that staff determines to be inconsistent with its corresponding master site plan shall require the approval of a master site plan modification in accordance with Section 3.A.6. above, prior to the commencement of staff review on the subject technical site plan.
c. Consistent with Master Site Plan.
(1) Submittal Requirements. The applicant shall be required to submit a letter explaining the proposed modification(s) to the technical site plan. The letter shall be accompanied by the amended technical site plan (in the number of copies specified by the Division) illustrating the proposed changes. The applicant shall have consent from the property owner to initiate the review of a minor technical site plan modification.
(2) Review Criteria. The proposed technical site plan shall comply with the following: 1) all applicable conditions of approval of the preceding technical site plan; 2) all applicable requirements of the PID zoning district; and 3) the site development standards described in Chapter 4.
(3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor technical site plan modification, all future development shall be consistent with the technical site plan, as modified, including all previously approved conditions of approval associated with the technical site plan.
C. Waiver (Mixed Use Pod).
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of Chapter 3 and Chapter 4 of these Land Development Regulations. The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a departure from the Code upon demonstration that the subject request satisfies the intent of the review criteria contained herein.
b. Applicability. The requested waiver shall be processed concurrent with the review of a master site plan unless otherwise determined by the Director of Planning and Zoning or designee. The City Commission may waive or modify the requirements or standards that pertain to the following:
(1) Building setbacks;
(2) Drive aisle widths and parking dimensions;
(3) Perimeter buffer widths;
(4) Type and size of dwelling units;
(5) Parking space requirements;
(6) Internal landscape requirements; and
(7) Other waivers to the following: 1) PID zoning regulations of Chapter 3, Article III, excluding maximum building height; and 2) any site development standard described in Chapter 4 as necessary to further economic development, affordable and workforce housing, sustainable development and green building initiatives, and to support the uses that are eligible for the Expedited Development Review Program in accordance with Chapter 2, Article I, Section 4.
2. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 3.D.3. below, in addition to submitting any plans and exhibits required by the accompanying master site plan or technical site plan, whichever is applicable.
3. Review Criteria. The applicant shall justify each waiver request as part of the application for master site plan or master site plan modification. The applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request. The city may request additional information and documentation from the applicant, such as a shared-parking study, or other type of performance related analysis that further justifies the waiver request.
4. Approval Process. An application for waiver approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3.
5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of the same or similar application affecting the same property or any portion thereof; however, this restriction shall not apply to applications which further the city's economic development, workforce housing, or green building programs.
6. Expiration. A waiver shall remain valid as long as the corresponding master site plan or technical site plan approval remains in effect, or unless there is any amendment to the original waiver. Any amendment to the original approval shall require application for, and approval of, a new waiver.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-010, passed 6-19-12)