(a)

Scope. A Site Development Plan ("SDP") is a detailed development plan for a property that permits an evaluation of the intended use and such design elements as circulation, parking and access, open space and landscaping, building location and configuration, grading and drainage, setbacks and screening, building exterior materials, public improvements and other elements to determine whether the proposal has been planned consistently with the requirements of this Code. An SDP shall be required only for the construction of a new building or structure or an addition to, or alteration of, an existing building or structure that either adds to or relocates any square footage area of the building or structure. For purposes of this Article, the square footage area of a building or structure shall include all areas within a building or structure, as well as balconies and outdoor living spaces located above the ground floor. An SDP for a single-family or two-family residence will be required to address the above-listed design elements only as they are applicable to the proposed development, as determined by the City Manager.

(1)

Any SDP not in compliance with the requirements of Chapter 16 of this Code must first obtain approval from the Board of Adjustment of a variance or appeal request in accordance with Article 24 of said Chapter.

(b)

Applicability. Except as expressly provided below, this Article shall apply to the construction of a new building or structure or an addition to, or alteration of, an existing building or structure that either adds to or relocates any square footage area of the building or structure. For purposes of this Article, square footage area of a building or structure shall include all areas within a building as well as balconies and outdoor living spaces located above the ground floor.

(1)

An SDP shall not be required for interior remodeling of an existing residential structure.

(2)

An SDP shall not be required to construct or alter an accessory structure to a single-family or two-family residence.

(3)

An SDP shall not be required if the only modification to a property is the erection of a sign or changes made to an existing sign.

(4)

An SDP shall not be required for development previously approved by the City pursuant to a planned unit development subject to Article 28 of Chapter 16.

(5)

An SDP shall not be required to construct or alter a ground-level deck, patio or similar outdoor living space, whether attached or detached to the principal structure.

(Ord. 07-14 §1, 2014; Ord. 2016-11 §1, 2016; Ord. 2017-05 §13, 2017; Ord. 2018-14 §10, 2018; Ord. 2020-20 §7, 2020)

(a)

For purposes of this Article, determination of the square footage of an existing building or structure is based on the County Assessor's records for the structure.

(b)

The height of a building or structure shall be measured in accordance with the definition of "building height" set forth in Chapter 16 of this Code.

(c)

An SDP shall be on property platted pursuant to this Chapter.

(d)

Building permits shall not be issued until an SDP required under this Article is approved.

(e)

Development plans for one (1) or more residential dwellings shall have on the front of each residence one (1) doorway entrance into the living area of the structure and windows facing the public right-of-way.

(Ord. 07-14 §1, 2014; Ord. 2018-14 §11, 2018; Ord. 2020-20 §7, 2020)

(a)

Eligibility. An SDP shall be administratively reviewed if:

(1)

A single-family residence or two-family residence is constructed, added to or altered as set forth in Section 16-16-10 above.

(2)

An accessory structure to a nonresidential use is constructed, added to or altered as set forth in Section 16-16-10 above.

(b)

Application submittal requirements. The applicant shall submit the following to the City Manager:

(1)

Land use application form.

(2)

Application fee and cash deposit pursuant to Section 16-16-60 of this Article.

(3)

Site plan, on a minimum of eight and one-half (8½) inch by eleven (11) inch paper, including the following:

a.

Location of all existing and proposed structures, including distance to all lot lines, and the specific use of each;

b.

North arrow;

c.

Elevation views of the structures to be constructed or altered, including height and a bulk plane line;

d.

Landscape plan for the property and adjacent rights-of-way;

e.

For new principal structures, indicate by the use of arrows the direction of flow of runoff water after final grading. Runoff must flow to the street or alley, and cannot flow onto adjacent properties;

f.

Identification of adjacent streets; and

g.

Location and dimension of all off-street parking spaces and loading areas, as required by Section 16-3-160 of this Code.

(4)

A written list of the owners and mailing addresses of all adjacent properties for use by the City to provide notice to all adjacent property owners.

(c)

Notice.

(1)

When the City Manager determines that the application is complete, the City shall post notice on the property. Each sign shall be at least two (2) feet by three (3) feet in size, with letters at least one (1) inch high, shall be erected in a conspicuous location along each public street abutting the subject property, shall be dated and shall read as follows:

 CITY OF EDGEWATER
NOTICE OF APPLICATION FOR
A SITE DEVELOPMENT PLAN

NOTICE IS HEREBY GIVEN THAT AN APPLICATION FOR A SITE DEVELOPMENT PLAN APPROVAL FOR THIS PROPERTY HAS BEEN SUBMITTED TO THE CITY OF EDGEWATER. A COPY OF THE PROPOSED SITE PLAN IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE. IF YOU WANT TO MAKE COMMENTS CONCERNING THE APPLICATION, THOSE COMMENTS SHOULD BE PROVIDED, IN WRITING, TO THE EDGEWATER CITY CLERK. WRITTEN COMMENTS CONCERNING THE APPLICATION MUST BE RECEIVED BY THE CITY CLERK'S OFFICE PRIOR TO 5:00 P.M. ON (business day date not less than TEN (10) days after posting). ONLY ONE (1) OBJECTION PER HOUSEHOLD WILL BE ACCEPTED.

(2)

Concurrently with the posting, the City shall notify by U.S. mail the owners of all adjacent properties that they have ten (10) days from the date of posting to submit objections to the City.

(3)

One (1) copy of the proposed site plan shall be kept in the City Clerk's office and made available for review by the public.

(d)

Criteria. In their review of the application for SDP approval, the City Manager shall consider the following:

(1)

Whether all applicable provisions of this Code have been met.

(2)

Whether the project is consistent with the Design Standards, if applicable.

(3)

Whether the following are arranged so that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, adequate fire protection can be provided and adverse impacts on adjacent property, including noise, glare, odors, vibration and fumes, are mitigated or eliminated:

a.

Location of buildings, structures and improvements;

b.

Vehicular ingress and egress;

c.

Internal vehicular circulation;

d.

Setback lines;

e.

Height of buildings;

f.

Service facilities;

g.

Walls;

h.

Open space and landscaping; and

i.

Sidewalks.

(4)

Whether proposed signs will interfere with traffic or limit visibility.

(5)

Whether water and sewer systems are adequate to serve the project.

(6)

Whether stormwater runoff problems are compounded because of the project.

(7)

Whether curb cuts onto arterial and collector streets will be kept to a minimum and placed in safe locations.

(e)

Decision. On a business day not less than ten (10) days after the date of the posting pursuant to Subsection (c) above, the City Manager shall issue a written decision approving, approving with conditions or denying the application. The City Manager may place reasonable conditions on any administrative approval. Within twenty-four (24) hours after the City Manager's written decision, a copy of the decision shall be posted on the City's website. The notice shall remain posted for not less than ten (10) days after the date of posting.

(f)

Appeal. An interested party may appeal the decision of the City Manager under Subsection (e) above by filing written notice of intent to appeal, including the basis of the alleged error in the City Manager's decision, with the office of the City Clerk no later than ten (10) days after the date of posting of the City Manager's decision. The SDP application shall then be scheduled for review and action by the Planning and Zoning Commission in accordance with Subsections 16-16-40(d) through 16-16-40(g) below. For purposes of this Subsection, an interested party shall mean and include only the applicant for approval and those persons entitled to mailed notice under Paragraph (c)(2) of this Section.

(Ord. 07-14 §1, 2014; Ord. 2016-05, §2, 2016; Ord. 2020-20 §7, 2020; Ord. 2022-09 §2, 2022; Ord. 2025-02 §1, 2025)

(a)

Eligibility. Any SDP application not eligible for administrative review under Section 16-16-30 above shall be reviewed by the Planning and Zoning Commission (the "Commission").

(b)

Application submittal requirements.

(1)

The applicant shall submit the following to the City Manager:

a.

Land use application form.

b.

Application fee and cash deposit pursuant to Section 16-16-60 below.

c.

Letter of intent.

d.

Site plan in conformance with Subparagraph (b)(1)h. of this Section.

e.

Engineering reports and studies, as applicable.

f.

Executed agreement to pay all fees associated with the review of the SDP application.

g.

The following additional information as required by the City Manager:

1.

Drainage plan;

2.

Traffic impact report; and

3.

Any additional materials, drawings and information required by the City Engineer to determine compliance of the site plan with applicable ordinances and regulations;

h.

The site plan shall be twenty-four (24) inches by thirty-six (36) inches in size, with a scale of at least one (1) inch equals one hundred (100) feet, with all dimensions clearly shown. The site plan shall contain the following information:

1.

Vicinity map;

2.

The boundary of the site described in bearings and distances and existing and proposed lot lines;

3.

Legal description of the site matching the certified survey;

4.

Signed surveyor's certification;

5.

Scale and north arrow;

6.

Date of preparation and name and address of person who prepared site plan;

7.

Location of one-hundred-year floodplain, if applicable;

8.

Existing and proposed contours at two-foot intervals;

9.

Location of all existing and proposed:

a)

Fences, walls or screen plantings and their type and height,

b)

Exterior lighting and its location, height and type,

c)

Signs, including location, type, height and size,

d)

Landscaping and buffers, including type and coverage,

e)

Parking and loading areas,

f)

Pedestrian circulation,

g)

Easements and rights-of-way,

h)

Drainage ways, pond areas, ditches, irrigation canals, lakes and streams, if applicable,

i)

Streets, both adjacent and within the site, including names, widths, location of centerlines and acceleration/deceleration lanes,

j)

Curbs, gutters, sidewalks, bike paths,

k)

Trash containers and method of screening, if any, and

l)

Areas to be used for outside work areas, storage or display and method of screening, if any.

10.

Zoning and current uses of adjacent properties;

11.

Elevations of structures on adjacent properties;

12.

Utility plan, including location and size of utility lines within the site and the extension, if any, to serve the development, including easements where necessary for the construction, maintenance and operation of each utility;

13.

Adjoining property lines, buildings, access, parking, so that development compatibility can be determined;

14.

Elevations of all buildings to be constructed or retained on the site, including exterior materials, use, height, size, floor area, setback dimensions, bulk plane and type of construction;

15.

For development on Sheridan Boulevard, 25th Avenue or 20th Avenue, a demonstration of consistency with the Design Standards;

16.

Schedule of development;

17.

Other information, in written or tabular form, including:

a)

Statement of proposed uses,

b)

Site data (numeric and percentage), including,

1)

Total area of property, gross and net,

2)

Number of residential units and density (if applicable),

3)

Building coverage,

4)

Gross floor area,

5)

Landscape coverage,

6)

Total lot coverage by all structures and paving, and

7)

Number of parking spaces.

(2)

The City Manager shall promptly determine whether the application is complete and in compliance with all submittal requirements and shall so notify the applicant in writing. An incomplete application shall be returned to the applicant with written notification of deficiencies. The applicant may correct any deficiencies and resubmit to the City Manager for review and determination pursuant to Section 17-2-90.

(c)

Public hearing. Within sixty (60) days after the application is deemed complete by the City Manager, the Commission shall hold a public hearing on the application.

(d)

Notice.

(1)

At least fifteen (15) days prior to the hearing, the City Clerk shall notify the applicant in writing of the date, time and place of the public hearing.

(2)

At least ten (10) days prior to the hearing, the City shall post notice on the property. Each sign shall be at least two (2) feet by three (3) feet in size, with letters at least one (1) inch high, shall be erected in a conspicuous location along each public street abutting the subject property, shall be dated and shall read as follows:

 CITY OF EDGEWATER
NOTICE OF PUBLIC HEARING
ON AN APPLICATION FOR
A SITE DEVELOPMENT PLAN

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE EDGEWATER PLANNING AND ZONING COMMISSION IN THE CITY COUNCIL CHAMBERS AT THE EDGEWATER MUNICIPAL BUILDING, 2401 SHERIDAN BLVD., AT ___ P.M. ON  (DATE) , TO CONSIDER AN APPLICATION FOR A SITE DEVELOPMENT PLAN CONCERNING THIS PROPERTY. ALL THOSE WISHING TO BE HEARD SHOULD BE PRESENT AT THE TIME AND PLACE STATED ABOVE. FOR MORE INFORMATION CONTACT THE CITY CLERK AT (303) 238-7803.

(3)

At least ten (10) days prior to the hearing, the City Clerk shall cause notice of the hearing to be published in a newspaper of general circulation within the City.

(4)

At least ten (10) days prior to the hearing, the City shall notify all adjacent property owners by U.S. mail of the date and time of the hearing.

(e)

Approval criteria. In its review, the Commission shall consider the following:

(1)

Whether all applicable provisions of this Code have been met.

(2)

Whether the project is compatible with the Design Standards, if applicable.

(3)

Whether the following are arranged so that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, adequate fire protection can be provided and adverse impacts on adjacent property, including noise, glare, odors, vibration and fumes, are mitigated or eliminated:

a.

Location of buildings, structures and improvements;

b.

Vehicular ingress and egress;

c.

Internal vehicular circulation;

d.

Setback lines;

e.

Height of buildings;

f.

Service facilities;

g.

Walls;

h.

Open space and landscaping; and

i.

Sidewalks.

(4)

Whether proposed signs will interfere with traffic or limit visibility.

(5)

Whether water and sewer systems are adequate to serve the project.

(6)

Whether stormwater runoff problems are compounded because of the project.

(7)

Whether curb cuts onto arterial and collector streets will be kept to a minimum and placed in safe locations.

(f)

Decision. At the conclusion of the hearing, the Commission shall by resolution approve, deny or approve with conditions the application.

(g)

Following approval by the Commission, the applicant shall make any changes required by the Commission and submit two (2) sets of drawings to the City. The City Manager will approve and stamp the drawings and return one (1) set to the applicant.

(Ord. 07-14 §1, 2014; Ord. No. 2017-05, §§14, 15, 5-4-2017; Ord. 2020-20 §7, 2020)

(a)

Any decision rendered by the Commission pursuant to Section 16-16-40 above shall be reviewed by the City Council in accordance with this Section only when:

(1)

An interested party files a notice of appeal with the City Manager within ten (10) days of the date of the Commission's decision; or

(2)

Two (2) or more members of the City Council file a written request for such review with the City Manager within ten (10) days of the date of the Commission's decision.

For purposes of this Subsection, an interested party shall mean and include only the applicant for approval and those persons entitled to mailed notice of the hearing pursuant to Paragraph 16-16-40(d)(4) of this Article.

(b)

Submittal requirements.

(1)

Within ten (10) days of filing their notice of appeal in accordance with Paragraph (a)(1) above, an interested party shall submit the following materials to the City Manager:

a.

A copy of all materials submitted to the Commission at the public hearing conducted pursuant to Subsection 16-16-40(c) above;

b.

A written statement of the facts and argument in support of the appealing party's position and basis of the alleged error in the decision being appealed; and

c.

An appeal review fee in the amount set forth in the City Fee Schedule, as adopted and amended by the City Council from time to time.

(2)

In the event a decision is to be reviewed by the City Council pursuant to Paragraph (a)(2) above, the City Clerk shall promptly prepare and submit to the City Manager a copy of all materials submitted to the Commission at the public hearing conducted pursuant to Subsection 16-16-40(c) above.

(c)

Public hearings.

(1)

Within forty-five (45) days of the date of the notice of appeal under this Section, the City Council shall hold a public hearing on the matter.

(2)

Notice.

a.

At least fifteen (15) days prior to the hearing, the City Clerk shall notify the applicant in writing of the time and place of the public hearing.

b.

At least ten (10) days prior to the hearing, the City shall post notice of the hearing on the property. Each sign shall be at least three (3) feet by four (4) feet in size, with letters at least one (1) inch high, shall be erected in a conspicuous location along each public street abutting the subject property, shall be dated and shall read as follows:

  CITY OF EDGEWATER
 NOTICE OF PUBLIC HEARING
 ON AN APPLICATION FOR A
 SITE DEVELOPMENT PLAN

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE EDGEWATER CITY COUNCIL IN THE CITY COUNCIL CHAMBERS AT THE EDGEWATER MUNICIPAL BUILDING, 2401 SHERIDAN BLVD., AT ___ P.M. ON  (DATE) , TO CONSIDER AN APPLICATION FOR A SITE DEVELOPMENT PLAN CONCERNING THIS PROPERTY. ALL THOSE WISHING TO BE HEARD SHOULD BE PRESENT AT THE TIME AND PLACE STATED ABOVE. FOR MORE INFORMATION, CONTACT THE CITY CLERK AT (303) 238-7803.

c.

At least ten (10) days prior to the hearing, the City Clerk shall cause notice of the hearing to be published in a newspaper of general circulation within the City.

d.

At least ten (10) days prior to the hearing, the City shall notify all owners of adjacent properties of the date, time and place of the hearing by U.S. mail.

(d)

Review criteria. At the public hearing, the City Council shall consider the materials submitted pursuant to Subsection (b) above, together with any additional evidence and testimony presented at the hearing before the City Council, to determine whether the SDP application at issue satisfies the approval criteria set forth in Subsection 16-16-40(e) of this Article.

(e)

Decision. Following the hearing, the City Council shall, by resolution, affirm, reverse or modify the decision of the Commission with or without conditions. The City Council's decision shall be final, subject only to judicial review.

(f)

If any modification of the SDP is required by the City Council's decision under Subsection (e) above, the applicant shall make any changes required by City Council and submit two (2) sets of drawings to the City. The City Manager will approve and stamp the drawings and return one (1) set to the applicant.

(Ord. 07-14 §1, 2014; Ord. 2020-20 §7, 2020; Ord. 2025-02 §1, 2025)

An application for an SDP approval or an appeal concerning an SDP decision shall be accompanied by a land use application fee in the amount set forth in the City's Fee Schedule as adopted and amended by the City Council from time to time. Additionally, any application for an SDP approval, excepting applications for administratively reviewed SDPs, shall be accompanied by a development review cash deposit in the amount set forth in the City's Fee Schedule and/or as may be established by the City Manager pursuant to Subsection (d) of this Code. Application resubmittal fees, as set forth in the City's Fee Schedule, shall be charged with respect to any application that has been submitted or resubmitted pursuant to this Article when (i) the application has been determined by the City Manager to be incomplete, deficient and/or not compliant with the provisions of this Code, and (ii) the applicant has been provided with notice of such incompleteness, deficiency or noncompliance.

(Ord. 07-14 §1, 2014; Ord. 2020-20 §7, 2020; Ord. 2021-01 §1, 2021)

All on-site and off-site improvements associated with an SDP must be completed prior to the issuance of a certificate of occupancy for the principal structure. Under extenuating circumstances, as determined by the City Manager, certain improvements may be delayed for a specified period of time under the following conditions:

(1)

Submittal of adequate assurance to ensure that on-site and off-site improvements will be provided as shown on the SDP. Such assurance may be in the form of a bond, corporate surety or other financial assurance approved as to form by the City Attorney.

(2)

The financial assurance shall be in the amount of one hundred twenty-five percent (125%) of the estimated engineering, materials and construction costs at the projected time of installation.

(3)

If the required improvements are not complete by the projected time of completion, the City Manager may:

a.

Extend the deadline one (1) time for a specified period; or

b.

Draw upon the financial assurance provided by the applicant to fund such completion by the City.

(Ord. 07-14 §1, 2014; Ord. 2020-20 §7, 2020)

(a)

SDP approval shall expire six (6) months after the date of final approval unless a building permit has been issued for the plan or unless an extension is granted pursuant to this Subsection. The City Manager may grant up to three (3) extensions of time, each of which may not exceed six (6) months, upon a written request submitted by the applicant prior to the expiration of the current period. Any request for an extension of time beyond the extensions granted by the City Manager must also be submitted in writing prior to the expiration of the current period and shall be decided by the Commission in its sole and absolute discretion.

(b)

Every written request for an extension of SDP approval must include a narrative stating the reasons for the applicant's inability to comply with the applicable deadline and any changes to the character of the neighborhood, any changes to the City Comprehensive Plan or to this Article that have occurred since the previous deadline was imposed, as these changes affect the SDP, and the anticipated time schedule for completing the plan. Additionally, every written request for an extension that must be referred to the Commission shall include a narrative and supporting evidence, if any, of the need for extensions arising from circumstances not reasonably foreseeable when the last extension was granted or otherwise out of the applicant's reasonable control.

(c)

Failure of an applicant to submit any additional documentation required by the approval of an SDP within thirty (30) days after the SDP approval, or to comply with any condition of approval by the deadline specified, shall render such approval null and void and result in the necessity for the resubmittal of an SDP application, along with all required fees and documentation.

(Ord. 07-14 §1, 2014; Ord. 2018-14 §12, 2018; Ord. 2020-20 §7, 2020)

No changes may be made to an approved SDP except upon application to the City under the procedures provided below:

(1)

Minor changes that are compliant with all provisions of this Code and that result in no more than a ten-percent change in the location, siting and height of buildings and structures, and other compliant minor changes, such as changes to landscaping and parking, may be authorized by the City Manager if such changes were not foreseen or contemplated at the time of SDP approval.

(2)

Any changes not approved as a minor change pursuant to Paragraph (1) above shall be processed under the procedure applicable to the original SDP application.

(3)

All changes to an approved SDP shall comply with adopted City ordinances and any applicable design standards.

(Ord. 07-14 §1, 2014; Ord. 2020-20 §7, 2020)