The purpose of this section is to provide adequate review by the Planning Commission and Council of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community.
(a) Site Plan Review Required. Site plan review shall be required for the following:
(1) New construction of all permitted uses in commercial and industrial districts;
(2) All conditional uses in all districts, including multi-family uses; and
(3) Any existing or previously approved development meeting the criteria of (1) and (2) above which proposes to alter, reconstruct or otherwise modify a use or site including expanding the floor area of the permitted use, increasing the number of dwelling units in a multi-family development, or changing the use which requires an increase in the amount of parking or a change in the site's circulation.
(b) Preliminary Plans. The developer or owner of any proposed development, use or structure requiring site plan review pursuant to subsection (a) is encouraged to meet informally with the Planning Commission to review preliminary plans prior to preparing final plans pursuant to subsection (c) below. The purpose of such preliminary review is to establish a mutual understanding of the provisions of this Ordinance and the development objectives of the City. Preliminary plans should be submitted to the Zoning Inspector 10 days prior to the next Planning Commission meeting in order for discussion of the preliminary plans to be scheduled on the agenda for the next Planning Commission meeting.
(c) Final Development Plan. The applicant for a zoning certificate or conditional use certificate for any use requiring site plan approval shall submit the final development plan to the Zoning Inspector along with payment of the required fee. The final development plan shall be prepared by a qualified professional and drawn to an appropriate scale and shall disclose all uses proposed for the development, their location, extent and characteristics and shall include, unless parts are not applicable or necessary and are waived by the Zoning Inspector for certain types of projects, the following maps, plans, designs and supplementary documents:
(1) An accurate legal description prepared by or certified by a registered surveyor of the state;
(2) A property location map showing existing property lines, easements, utilities and street rights-of-way;
(3) A development plan indicating:
A. Use, location and height of existing and proposed buildings and structures, including accessory buildings, structures and uses, along with notation of the development standards for building spacing, setback from property lines, and maximum building heights;
B. Location and configuration of off-street parking and loading areas, the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
C. Adjacent streets and property including lot lines, buildings, parking and drives within 200 feet of the site;
D. Proposed and existing fences, walls, signs, lighting;
E. Location and layout of all outdoor storage areas including storage of waste materials and location of trash receptacles;
F. Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;
G. Dimensions of all buildings, setbacks, parking lots, drives and walkways.
(4) Topographic maps with sufficient elevations to show existing and generally proposed grading contours, and major vegetation features, including existing trees over three inches in diameter and wooded areas;
(5) Proposed landscaping and screening plans indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping and screening elements and the existing trees to be removed;
(6) Preliminary architectural sketches of buildings and other structures, floor plans, site construction materials and signs;
(7) Summary table showing total acres of the proposed development; number of acres devoted to each type of residential and/or non-residential use including streets and open space; number of dwelling units by type;
(8) Other features necessary for the evaluation of the development plan as deemed necessary by the Zoning Inspector or Planning Commission.
(d) Review for Completeness. The Zoning Inspector shall review the application for completeness with the submission requirements prior to the application being placed on the agenda of the Planning Commission.
(e) Planning Commission Review of Site Plans. The application shall be transmitted to the Planning Commission, at which time the Planning Commission may then distribute the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions should be available to the Planning Commission at the time of the Commission's review.
(f) Review Criteria. In reviewing a final plan the Planning Commission shall consider the location of buildings, parking areas and other features with respect to the topography of the lot and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the location of the green area provided, bearing in mind the possible effects of irregularly shaped lots; the adequacy of location, landscaping and screening of the parking lots; and such other matters as the Commission may find to have a material bearing upon the stated standards and objectives of the various district regulations. In approving a site plan, the Planning Commission shall find that:
(1) The plan is consistent with any plan for the orderly development of the City.
(2) The appropriate use and value of property within and adjacent to the area will be safeguarded.
(3) The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
(4) The development will have adequate public service, parking and open spaces.
(5) The plan, to the extent practical, will preserve and be sensitive to the natural characteristics of the site.
(6) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
(7) Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with any applicable regulations or design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.
(8) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage.
If the Planning Commission finds that the proposed development substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district and that through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements and that the development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community, the Commission may act upon the application as if it is in compliance with the requirements of this Ordinance.
(g) Action by Planning Commission. The Planning Commission shall submit to Council one of the following recommendations: approval of the site plan as submitted; approval of the site plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements to the yard layout, open space arrangement, on-site control of access to streets or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or denial of the site plan. If the Commission finds that a proposed plan does not meet the purposes of these regulations, it shall recommend that Council deny the plan and the Commission shall submit its findings in writing, together with the reasons therefore, to the applicant, upon the applicant's request.
(h) Action by Council. The plan and Planning Commission’s recommendation shall be submitted to Council for action. If Council fails to act by the next scheduled meeting following 120 days from when the application was determined complete, or an extended period of time as may be agreed upon, the applicant may assume that the application has been denied.
In its review of the site plan, Council shall consider and weigh the same factors and criteria as established for Planning Commission review.
Upon approval of the final development plan by Council, the Zoning Inspector shall issue a zoning certificate.
(i) Significance of an Approved Plan; Plan Revisions. An approved site plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved site plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of City Council. A request for such a transfer or change of ownership shall be presented to City Council and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original site plan. All construction and development under any building permit shall be in accordance with the approved plan. Any departure from such plan shall be cause for revocation of the zoning certificate. Any changes in an approved plan shall be resubmitted for approval in accordance with this Section.
(j) Lapse of Approval. An approved plan shall remain valid for a period of 12 months following the date of its approval or for a period so specified by Council. If at the end of that time construction has not begun, then such plan shall be considered as having lapsed and shall be of no effect unless resubmitted and reapproved by the Planning Commission and confirmed by Council. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan shall have been completed.
(Ord. 28-01. Passed 9-18-01.)