(a) Full Site Plan (FSP) Submittal and Review Procedures for Planning Commission Review (PCR). When a full site plan (FSP) is required for planning commission review (PCR), the following procedure will apply, unless otherwise noted in the table of required review process.
(1) Pre-application Meeting. For the purposes of identifying major issues related to a project and to discuss questions related to this chapter and other chapters of this Code, the applicant must attend a pre-application meeting with the Zoning Administrator (or designee), and any others deemed necessary. Sufficient information must be submitted prior to the meeting that describes the proposed project. Discussion at this meeting is in no way a formal approval or decision on any aspect of a proposed project.
(2) Application. Any person with legal interest in a lot or parcel may apply for planning commission review (PCR) of a full site plan (FSP) by filing a completed application form, paying the review fee and providing digital (electronic) and hard copies (size and number to be determined by the Zoning Administrator (or designee)) of the FSP, according to the submittal schedule prepared by the Zoning Administrator at the beginning of every calendar year. Required site plan contents are listed in Section 1135.05.
(3) Final Approval of a Full Site Plan (FSP). A full site plan requiring approval by the planning commission must complete the following process:
A. Planning commission approval. The Planning Commission and appropriate city staff will review the full site plan (FSP) for compliance with the standards of this chapter and other appropriate chapters of this Code and statutes. Based upon this review the Planning Commission may either:
1. Approve the FSP.
2. Approve the FSP with conditions which the Planning Commission determines are reasonable and necessary to ensure conformance with applicable chapters of this Code and statutes. These conditions must be listed in the motion and noted on the FSP, with the Planning Commission chairperson's signature.
3. Table the FSP upon determining that it does not meet the standards, spirit and intent of this chapter and other appropriate chapters of this Code and statutes. The Planning Commission will direct the applicant to make modifications and resubmit the FSP. The applicant will be required to prepare a revised FSP, accompanied by a complete list of all changes with a certification (by the applicant or his/her design professional), that no other changes have been made.
4. Deny the FSP upon determining that it does not meet the standards, spirit and intent of this chapter and other appropriate chapters of this Code and statutes.
B. Implementation of planning commission approval. The following provisions apply to a full site plan (FSP) which has received the approval of the Planning Commission but not the administrative approval required by subsection (a)(5) of this Section:
1. The adopted minutes of the planning commission, and the report of the Zoning Administrator (or designee), will serve as the official record of the Planning Commission's decision on a full site plan (FSP), including any conditions of approval. The applicant will be responsible for obtaining a copy of the adopted minutes, and submittal of a revised FSP and related documents which demonstrate compliance with any conditions to the Zoning Administrator (or designee). Any question on the decision may be made in writing to the planning commission prior to the adoption of the minutes.
2. Upon receipt of approval of the full site plan (FSP) by the Planning Commission, the applicant will have up to six (6) months to submit a final FSP to the Zoning Administrator (or designee). However, the Zoning Administrator may grant a single one time extension of up to one (1) additional six (6) month period provided the request is received in writing prior to the expiration date and presents reasonable evidence to the effect that the development has encountered unforeseen non-self-created difficulties. Should neither of the aforementioned provisions be fulfilled, or an extension has expired without construction activity underway, the FSP will be considered null and void.
3. Full site plan (FSP) approval by the Planning Commission does not preclude the Zoning Administrator (or designee) from enforcing the standards of this Chapter and other appropriate Chapters of this Code and statutes, as well as the City's engineering standards. In all cases other city standards may change the final site plan and development.
C. Administrative approval. Upon the receipt of application of the full and other site plan (FSP) by the developer, architect and/or applicant, the Zoning Administrator (or designee) will review the (FSP) for compliance with the standards of this chapter and other appropriate chapters of this Code and statutes, as well as the city's engineering standards. Based upon this review the Zoning Administrator (or designee) may either:
1. Approve the FSP;
2. Refer the FSP back to the applicant or his/her design professional for revision because it does not meet the standards, spirit and/or intent of this chapter, other appropriate chapters of this Code and statutes, or the city's engineering standards. The applicant or his/her design professional will be required to prepare a revised FSP, accompanied by a complete list of all changes and certification that no other changes have been made; or
3. Deny the FSP upon determining that the plans do not meet the standards, spirit and/or intent of this chapter, other appropriate chapters or this Code and statutes, or the City's engineering standards.
(4) Following approval of the FSP, a digital (electronic) in dwg. and pdf format file determined sufficient by the Zoning Administrator (or designee) must be provided to the city on disk or via email by the applicant.
(5) A zoning compliance permit will also be required following approval of the final FSP and the final site inspection by the Zoning Administrator, but prior to issuance of a certificate of occupancy.
(6) Changes to a full site plan (FSP) that has received final approval. The holder of a FSP that has received final approval shall submit an application for an "Amendment to an Approved Site Plan" to the Zoning Administrator (or designee) for any proposed change to an approved Site Plan. The fee for each application shall be determined by the Zoning Administrator based upon the complexity of the proposed changes and the cost incurred by the City in reviewing the proposed changes, but in no case shall the fee exceed the cost of the original application fee. The application shall include two copies and a digital file of the revised site plan clearly showing the proposed changes to the approved Site Plan, and documentation outlying conditions necessitating the changes. Changes to the approved site plan will be permitted only under the following circumstances. In all instances the City Administrator or Zoning Administrator must approve before changes can be implemented:
A. Minor amendments. Minor changes may be approved by the Zoning Administrator (or designee) upon determining that the proposed revisions(s) will not alter the basic design nor any specific conditions imposed as part of the FSP as originally approved. Minor changes may include the following:
1. Change in the building size of up to thirty-five percent (35%) in total floor area in the event of no impact to other site improvements;
2. Movement of buildings or other structures by not more than fifty (50) feet;
3. Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;
4. Changes in building materials to a comparable or higher quality;
5. Changes in floor plans which do not alter the character of the use; and
6. Changes required by outside agencies such as county, state or federal departments.
B. Major amendments. A proposed change not determined by the City Administrator, upon consultation with the Zoning Administrator, to be minor must be submitted to the Planning Commission as a site plan amendment and will be reviewed in the same manner as the original application.
The City Administrator, upon consultation with the Zoning Administrator, is the only city official who can approve a change to a full site plan (FSP) that has received the approval of the Planning Commission.
(7) Performance guarantee. The City may require a performance guarantee, as authorized by Section 1145.08, to assure the completion of any improvements shown on the site plan. For the purposes of this section, improvements subject to performance guarantees must include features and actions associated with a project that are considered necessary by the city to protect the natural resources or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage.
(8) Administrative submittal and review procedures. Those applications that qualify for administrative review in accordance with the table of required review process must comply with the following procedure:
A. Pre-application meeting. For the purposes of identifying major issues related to a project and to discuss questions related to this chapter and other chapters of this Code, the applicant is encouraged to attend a pre-application meeting with the Zoning Administrator (or designee), and any others deemed necessary. Sufficient information must be submitted prior to the meeting that describes the proposed project. Discussion at this meeting is in no way a formal approval or decision on any aspect of a proposed project.
B. Application. Any person with legal interest in a lot or parcel that qualifies for administrative review under the criteria set forth in subsection (a) of this section may apply by filing a completed application form, paying a review fee, providing a digital (electronic) file determined by the Zoning Administrator (or designee), and hard copies (size and number to be determined by the Zoning Administrator (or designee)) of the full site plan (FSP) or plot site plan (PSP) with the Zoning Administrator (or designee). Required plan contents are listed in Section 1135.05.
C. Approval. Upon review of the application, the Zoning Administrator (or designee) will either:
1. Request specific revisions and re-submittal of the application upon a finding the application does not meet information requirements or does not meet the intent and regulations of this chapter;
2. Approve the administrative plan, with or without conditions; or
3. Upon determining that the administrative plan does not meet the standards, spirit and intent of this chapter and other appropriate chapters of this Code and statutes, deny the administrative plan.
D. Effectiveness. Upon administrative plan approval, each project must be under construction within six (6) months after the date of final approval by the Zoning Administrator and be diligently carried on towards completion. If the applicant does not fulfill this provision, the Zoning Administrator may grant one six (6) month extension provided the applicant makes application in writing prior to the expiration date and presents reasonable evidence to the effect that the development has encountered non self-created unforeseen difficulties but is then ready to proceed. Should neither of the aforementioned provisions be fulfilled or the one-year extension has expired without construction activity underway, the administrative plan will be considered null and void.
E. Changes to the approved administrative plan. The holder of an approved administrative plan shall submit an application for an "Amendment to an Approved Site Plan" to the Zoning Administrator (or designee) for any proposed change to an approved Site Plan. The fee for each application shall be determined by the Zoning Administrator based upon the complexity of the proposed changes and the cost incurred by the City in reviewing the proposed changes, but in no case shall the fee exceed the cost of the original application fee. The application shall include two copies and a digital file of the revised site plan clearly showing the proposed changes to the approved Site Plan, and documentation outlying conditions necessitating the changes. The Zoning Administrator (or designee) has the authority to review and approve any changes, per subsection (a)(3) of this Section.
F. Performance guarantee. The City may require a performance guarantee, as authorized by Section 1145.08, to assure the completion of any improvements shown on the site plan. For the purposes of this section, improvements subject to performance guarantees must include features and actions associated with a project that are considered necessary by the City to protect the natural resources or the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage.
(Ord. 093-2020. Passed 7-6-20.)