Division 5. Site Plan Approval Procedures.

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Section 5.1. Site plan review.

An application for a development permit requesting approval of a site development plan shall be reviewed and approved, approved with conditions, or denied by the City Manager. The purpose of a site plan review is to ensure that development will be carried out in compliance with the City Code of Ordinances and any other federal, state and county regulations. In addition, a site plan describing and portraying both existing and proposed conditions of the development is required in order that the approving authority can make an informed decision.

(1) Exemption. No site plan shall be required for work for the maintenance or alteration that does not alter the location or gross square footage of any structure, or alter any required parking area of the site, or if the work affects only the interior of the structure or the exterior color or decoration of the structure.

(a) Initiation. An application for site plan review shall only be submitted by the owner, or by other persons having a contractual interest in the land, or their authorized agents.

(b) Contents of application. The application shall be in a form established by the City Manager and provided for public review. The materials required as part of the application are necessary to provide the city with sufficient information to ensure compliance with this Section and the requirements of the Land Development Code. Such materials may include, but are not limited to, the following information:

(1) The name, address, and telephone number of the owner of record of the land proposed for development.

(2) The name, address, and telephone number of the developer, if different from the owner.

(3) The name, address, and telephone number of the agent for the application, if applicable.

(4) The name, address, and telephone number of all land use, environmental and engineering, professionals that assisted in the preparation of the application.

(5) The street address and legal description of the land on which the development is proposed to occur, with attached copies of any legal instruments referenced, such as, but not limited to, deeds, plats, easements, covenants, and restrictions.

(6) A reference to the zoning district designation and the future land use map designation in the Comprehensive Plan for the land proposed for development.

(7) Identification of all existing rights-of-way, water courses, floodplains, wetlands, and other environmentally sensitive areas on or within two hundred (200) feet of the land subject to the development plan.

(8) Topography of the site in specified contour intervals.

(9) A title block denoting the type of application, tax map sheet, lot, block and subdivision name (if applicable).

(10) A location map of the land with reference to surrounding lands, subdivisions, streets, and municipal boundaries.

(11) A boundary survey of the land subject to the development plan prepared by a registered land surveyor, showing the location and material of all permanent reference monuments and benchmarks, a metes and bounds description listing dimensions, bearings, curve data, length of tangents, radii, and central angles of all centerline curves of streets, and the size of the land in acres to the nearest tenth of an acre, or in square feet.

(12) A site plan, with north arrow and scale, identifying:

a. The proposed land uses, densities, and intensities of use;

b. The location of proposed structures, and any existing structures proposed to be retained, showing size, and setbacks;

c. Common areas;

d. Recreational facilities;

e. Ingress and egress to the development, and the internal traffic circulation system and identification of street names;

f. Utility location;

g. Easements;

h. Off-street parking and loading facilities;

i. Landscaping and buffering; and

j. Signage.

(13) If applicable, the preliminary subdivision plat, which includes the subdivision name in bold legible letters under which the location of the plat by government survey lot, section, township, and range shall appear.

(14) Location and area of all property to be dedicated for public use or reserved by deed or covenant for use by all land owners in the development of a statement of the conditions of such dedication or reservation.

(15) A schedule showing the lot area, width, depth, dimensional standards, building coverage, landscaping and parking of the development plan, and how they comply with the requirements of the Land Development Code.

(16) A traffic study prepared by a professional transportation planner or engineer, if required. The necessity for a traffic study shall be determined by an adopted administrative policy assessing the significance of the anticipated impact of the project upon traffic volume, intersection signalization, turning movements, internal vehicle circulation, pedestrian movement, or other significant traffic concerns.

(17) Proposed utility infrastructure plans, including sanitary sewer, potable water, a storm water management plan with supporting data and an electric plan with accurate indication of locations of points of connection to public systems.

(18) Spot and finished elevations at all property corners, corners of all structures or dwellings, existing and proposed first floor elevations, and appropriate locations in and around vehicle use areas.

(19) Site utility and construction details, including a cross-connection control plan.

(20) Roadway and paving cross-sections and profiles.

(21) Lighting plan and details.

(22) Landscape plan and details.

(23) Provisions for solid waste management.

(24) Plans for signs, if any.

(25) Sight triangles at the intersections of roadways and curb cuts with roadways.

(26) Vehicular and pedestrian circulation patterns.

(27) Off-street parking and loading plans showing spaces, size and type, aisle widths, curb cuts, drives, driveways, and all ingress and egress areas and dimensions.

(28) Preliminary architectural plans and elevations.

(29) Demonstration of compliance with Concurrency requirements.

(c) Determination of sufficiency. The City Manager shall determine if the application is sufficient within ten (10) days of its receipt.

(1) If the City Manager determines the application is not sufficient, a written notice shall be provided to the applicant specifying the application's deficiencies. No further action shall be taken on the application until the deficiencies are remedied.

(2) When the application is determined sufficient, the City Manager shall notify the applicant, in writing, of the application's sufficiency and that the application is ready for review pursuant to the procedures and standards of this section.

(d) Review and decision. Within thirty (30) days of the application being determined sufficient, the City Manager shall review the application, and prepare a staff report on whether the application complies with administrative standards, the requirements of this Section and other applicable requirements of the City Code of Ordinances. The City Manager shall inform the applicant of the application's approval, approval with conditions, or disapproval. Upon approval of the site plan, the City Manager shall issue a development order for the project.>

(e) Appeal. An applicant may appeal a decision of the City Manager on a site development plan review by filing an appeal with the City Manager within ten (10) days of the decision. A hearing officer designated by the City Commission shall hear the appeal within thirty (30) days of its filing, and consider only the record before the City Manager at the time of the decision. The hearing officer shall reverse the decision of the City Manager only if there is substantial and compelling evidence in the record that the application complies with the standards of this section.

(f) Minor revisions to site plan. Any request for modification to an approved site plan shall be subject to review and approval in the same manner as a new application, except that the City Manager may approve minor modifications, provided that the basic purpose and intent of the ordinances of the City are met. A minor revision is one which:

(1) Does not alter the location of any points of access to the site;

(2) Does not change the use of the property;<

(3) Does not increase the density or intensity of the development to occur on the property;

(4) Does not result in a reduction or change of open space, setback or previously required landscaping;

(5) Is consistent with the general intent and purpose of these regulations and does not have any effect whatsoever on the initial determination of consistency of the site plan with the Comprehensive Plan;

(6) Does not result in a substantial change to the location of a structure previously approved or add structures to the site;

(7) Does not result in a material modification or the cancellation of any condition placed upon the site plan as originally approved;

(8) Does not change the internal or external traffic pattern;

(9) Does not alter the land area of the site;

(10) Does not increase the impervious area of the site; and

(11) Does not increase the height of the building(s).

(g) Amendments to the site development plan. A development plan may be amended only pursuant to the procedures established for its original approval, or as are otherwise set forth in this section.

Section 5.2. Standards for review.

In reaching a decision as to whether or not the site plan, as submitted, should be approved, approved with changes, approved with conditions, or disapproved, the City Manager shall consider the extent to which the application is consistent with these regulations conditions imposed by zoning or conditional use approval, generally accepted site design principles, and the extent to which the development furthers the goals and purposes of these regulations. Further, the City Manager shall use and be guided by, but not be limited to, the following criteria in evaluating a site plan submission:

(a) Whether the proposed development, design and layout are in keeping with the intent and specific standards and criteria prescribed in pertinent sections of this ordinance, as amended;

(b) Whether the proposed development, design and layout are compatible with the Comprehensive plan, as amended;

(c) Whether the required information has been furnished in a sufficiently complete and understandable form to allow an accurate description of the proposed use(s) and structure(s) in terms of density, location, area, height, bulk, placement, setbacks, performance characteristics, parking, and traffic circulation;

(d) Whether there are ways in which the design and layout of the development, uses and structures can be changed which would enhance the city or lessen the impact of the development on adjoining and nearby properties and on the community;

(e) Whether the proposed development, design and layout has made adequate provisions for vehicular access and traffic circulation, both internal and external to the project;

(f) Whether the proposed development, design and layout provides for safe and efficient pedestrian circulation;

(g) Whether the proposed development, design and layout has made adequate provision for off-site parking and loading and unloading areas; and

(h) Whether the proposed development, design and layout has preserved the natural features and characteristics of the land; including but not limited to preservation of existing large trees and similar natural features that would add attractiveness to the property and environs natural drainage systems, natural buffering, and the use of other techniques for the preservation and enhancement of the physical environment.

Section 5.3. Compliance Requirements.

(a) The city, as a further condition to approval of an application for a site may require financial guarantees or other such guarantees as may be reasonably necessary to insure compliance with the terms and conditions of its approval.

(b) Failure to initiate project construction within 12 months of the issuance of a final development order shall invalidate the site plan approval and require re-submission of the plan. Initiation of construction shall be demonstrated by obtaining all required building permits for construction in accordance with the approved site plan. Such site plan approval shall terminate upon the expiration, without lawful reinstatement, of any building permits required for construction in accordance with the approved site plan.

Section 5.4. Effect of Decision.

Approval of a final site plan shall authorize the applicant to apply for the issuance of a building permit and/or occupational license, provided that all other requirements have been met.

Section 5.5. City Commission review.

The appropriate board of authority shall forward the minutes of the meeting at which the decision was made and a development order to the city commission. The city commission shall have 30 days from the date of the board’s development order to determine whether to review the order. If the city commission determines to review the board’s order, then a public hearing on the site plan shall be set before the city commission on or before 30 days from its decision to review the site plan. If the city commission takes no action to schedule a public hearing within the 30 days following notification of the development order on the site plan, then the development shall be made final, and all permits authorized by the development order may be issued.

Section 5.5. Appeals.

Appeals from decisions made under this section may be taken in accordance with the provisions of Section 3.14 of this ordinance.