Center City City Zoning Code

CHAPTER 199

SITE PLAN REVIEW

§ 199.01 PURPOSE.

The purpose of this chapter is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards consistent with the requirements of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.02 EXCEPTIONS TO REVIEW.

Except in those cases specifically cited within this title, the following shall be exempted from the foregoing requirements of this chapter:

(A) Agricultural uses.

(B) Single-family detached dwellings.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.03 SKETCH PLAN.

(A) Prior to the formulation of a site plan, applicants may present a sketch plan to the Zoning Administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than 2 feet and may include the following:

(1) The proposed site with reference to existing development, topography, and drainage conditions on adjacent properties, at least to within 200 feet.

(2) Natural features.

(3) General location of existing and proposed structures including signs.

(4) Tentative access, circulation, and street arrangements, both public and private.

(5) Amenities to be provided such as recreational areas, open space, walkways, landscaping, etc.

(6) General location of parking areas.

(7) Proposed public sanitary sewer, water, and storm drainage.

(8) A statement showing the proposed density of the project with the method of calculating said density also shown.

(9) The extent of any proposed modifications, if any, to land within any overlay districts as established by Chapter 218 (General Zoning District Provisions) of this title.

(10) Other items as may be deemed necessary by city staff.

(B) The Zoning Administrator shall have the authority to refer the sketch plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.04 PROCEDURE.

Pursuant to M.S. § 15.99, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(A) Filing of request. Request for site plan approval, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as set forth in the city fee schedule. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all specified information requirements. In cases where an application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 10 days of the date of submission.

(B) Proof of ownership or authorization. The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, consisting of an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.

(C) Certificate of taxes paid. Prior to approving an application for a site plan review, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the site plan review application relates.

(D) Meeting with Zoning Administrator and/or staff. The applicant or a representative thereof shall meet with the Zoning Administrator and/or city staff in order to present information and answer questions concerning the proposed requests.

(E) Reviewing the request. Upon receipt of said application, the Zoning Administrator shall have the option of forwarding the application to the Planning Commission and City Council for review and approval or approve the request administratively. If the request is forwarded, the Planning Commission shall review the request at a regular scheduled meeting and report its findings and make recommendations to the City Council.

(F) Technical reports. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.

(G) Evaluation criteria. City staff and Planning Commission shall evaluate the proposed site and building plan based upon compliance with the Comprehensive Plan, provisions of this title, and other applicable titles of the City Code.

(H) Additional information. The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert assistance with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(I) City Council review.

(1) Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety, and welfare.

(2) Subject to limitations of M.S. § 15.99, if, upon receiving said report and recommendations of the Planning Commission and city staff, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council may differ from that of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

(J) Approval. The approval of a site plan application shall be determined by one of the following:

(1) If forwarded by the Zoning Administrator to the Planning Commission and City Council for review and approval, the site plan application shall require approval by a simple majority vote of the City Council.

(2) If reviewed by the Zoning Administrator the Zoning Administrator shall reach a decision on the request within 60 days after the site plan was officially submitted. In addition to other plan requirements outlined in this title, site plans will be required and shall be submitted to and approved by the city prior to the issuance of any building or administrative permit.

(K) The Zoning Administrator shall keep a record of applications and site plan approvals.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.05 INFORMATION REQUIREMENT.

The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived by the Zoning Administrator.

(A) Site boundaries, buildings, structures, and other improvements shall be identified on-site with a certificate of survey, prepared and signed by a Minnesota licensed land surveyor. The certificate of survey shall have been signed and prepared within the last 10 years from the date of submittal, unless the property pins are not found and established, in which case a new certificate of survey shall be required, depicting the following:

(1) Scale of plan (engineering scale only, at 1 inch equals 50 feet (1" = 50') or less.

(2) North point indication.

(3) Existing boundaries with lot dimension and area.

(4) Existing site improvements.

(5) All encroachments.

(6) Easements of record.

(7) Legal description of the property.

(8) Ponds, lakes, springs, rivers, delineated wetlands, or other waterways bordering on or running through the subject property.

(B) A site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

(1) Name and address of developer/owner.

(2) Name and address of architect/designer.

(3) Date of plan preparation.

(4) Dates and description of all revisions.

(5) Name of project or development.

(6) All proposed improvements, including:

(a) Required and proposed setbacks.

(b) Location, setback, and dimensions of all proposed buildings and structures.

(d) Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles.

(e) Location, number, and dimensions of proposed loading spaces.

(f) Location, width, and setbacks of all curb cuts and driveways.

(g) Vehicular circulation.

(h) Sidewalks, walkways, trails.

(I) Location and type of all proposed lighting, including details of all proposed fixtures.

(j) Location of recreation and service areas.

(k) Location of rooftop equipment, exterior heating, ventilation, and air conditioning equipment, and proposed screening.

(l) Provisions for outdoor storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures.

(m) Location, sizing, and type of water and sewer system mains and proposed service connections.

(n) Location of proposed fire lanes and fire hydrants.

(C) Grading/stormwater drainage plan, utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following:

(1) Existing contours at 2-foot intervals (may be prepared by a Minnesota licensed surveyor).

(2) Proposed grade elevations at 2-foot maximum intervals.

(3) Drainage plan, including the configuration of drainage areas and calculations.

(4) Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

(5) Spot elevations (may be prepared by a Minnesota licensed surveyor).

(6) Proposed driveway grades.

(7) Surface water ponding and treatment areas.

(8) Erosion control measures.

(D) Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

(1) Planting schedule (table) containing:

(a) Symbols.

(b) Quantities.

(d) Botanical names.

(e) Sizes of plant material.

(f) Root specification (bare root, balled and burlapped, potted, etc.).

(g) Special planting instructions.

(2) Location, type, and size of all existing significant trees to be removed or preserved.

(3) Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

(4) Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

(5) Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used.

(6) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

(7) Delineation of both sodded and seeded areas with respective areas in square feet.

(8) Coverage plan for underground irrigation system, if any.

(9) Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

(10) Other existing or proposed conditions which could be expected to affect landscaping.

(E) Other plans and information as required by the Zoning Administrator including, but not limited to:

(1) Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

(2) “Typical” floor plan and “typical” room plan drawn to scale with a summary of square footage for each use or activity.

(3) Fire protection plan.

(4) The extent of any proposed modifications, if any, to land within any overlay districts, as established by Chapter 218 (General Zoning District Provisions) of this title.

(5) Type, location, and size (area and height) of all signs to be erected upon the property in question.

(6) Vicinity map showing the subject property in reference to nearby highways or major street intersections.

(7) Sound source control plan.

(8) Lighting plan.

(9) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program.

(10) If applicable, evidence of compliance with federal, state, and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors, and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant.

(F) All land use applications under this chapter shall comply with the Sanitary Sewer Odor and Corrosion Control regulations as set forth in § 52.35 of this City Code.

(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 2012-07-03A, passed 7-3-2012)

§ 199.06 PLAN AGREEMENTS.

All site plans officially submitted to the city shall be treated as a formal agreement between the applicant/owner and the city. Once approved, no changes, modifications, or alterations shall be made to any plan detail, standard or specification without prior submission of a plan modification request to the city for their review and approval.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.07 PLAN MODIFICATIONS.

An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plans.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.08 SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE.

Following the approval of the site plan review required by this chapter and before issuance of a building permit, the applicant, as determined to be necessary by the Zoning Administrator, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Chapter 202 (Site Performance Agreement) of this title.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.09 LAPSE OF APPROVAL.

(A) Unless otherwise specified by the Zoning Administrator, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition, or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this chapter.

(B) In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

(C) The request for an extension of site plan approval shall be determined by the Zoning Administrator within 15 days from the receipt of a complete request.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.10 BUILDING CODES.

The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the site plan review process established under this chapter. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

(Ord. 2011-06-07A, passed 6-7-2011)

§ 199.11 ENFORCEMENT.

Enforcement of the provisions of this chapter shall be in accordance with Chapter 200 (Enforcement and Penalties) of this title. The city reserves the right upon issuing any site plan approvals to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed. Upon official documentation of a violation of the approved site plan, any issued permit or of the provisions of this chapter, the city shall have the authority to order the stopping of any and all site improvement activities. Any violation shall also be grounds for denial of future permit applications.