The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to ensure compliance with the site design standards imposed by this chapter.

(Code 1970; Code 1992, § 850.04(3)A)

Without first obtaining site plan approval it shall be unlawful to do any of the following:

(1)

Construct a new building or add on to an existing building that would result in an increase in gross floor area of all buildings on the lot by more than ten percent;

(2)

Move a building to any lot within the city;

(3)

Expand or change the use of a building or parcel of land or modify a building, accessory structure or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking;

(4)

Grade or take other actions to prepare a site for development, except in conformance with a permit or an approved plan; and

(5)

Remove earth, soils, gravel or other natural material from, or place the same on, a site, except in conformance with a permit or an approved plan.

(Code 1970; Code 1992, § 850.04(3)B)

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

(1)

Construction or alteration of a single-family or two-family residential building, accessory dwelling unit or accessory building;

(2)

Enlargement of a building by less than ten percent of its gross floor area, provided that there is no variance involved and also provided that the planner has conducted an administrative review pursuant to this chapter; and

(3)

Changes in the leasable space of a multitenant building where the change does not intensify the use, require additional parking or result in an inability to maintain required performance standards as specified in this chapter.

(Code 1970; Code 1992, § 850.04(3)C; Ord. No. 2024-02, § 2, 4-16-2024)

Applicants are encouraged to hold a neighborhood meeting with nearby residents and land owners prior to filing of a formal site plan application.

(Code 1970; Code 1992, § 850.04(3)D)

(a)

Prior to the formulation of a site plan, applicants are encouraged to present a sketch plan to the planner 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 two 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; and

(9)

Additional information that demonstrates the nature, intent or benefit of the proposed development.

(b)

The planner shall refer the sketch plan to the planning commission and city council for discussion, review and informal comment. Any opinions or comments provided to the applicant by the planner, planning commission and city council shall be considered advisory only and shall not constitute a binding decision on the request. There shall be no official application made for a sketch plan. It is an informal review and comment by planning commission and city council.

(Code 1970; Code 1992, § 850.04(3)E)

(a)

Filing of request. Request for site plan approval, as provided within this chapter, shall be filed with the planner on an official application form. Such application shall be accompanied by a fee as established by city council resolution. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planner, 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 planner shall notify the applicant, in writing, within 15 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 owners of the property in question to proceed with the requested site plan application.

(c)

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

(d)

Additional information. 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 to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(e)

Meeting with the planner and staff. The applicant or a representative thereof shall meet with the planner and city staff in order to present information and answer questions concerning the proposed requests.

(f)

Commission review and hearing. The commission shall conduct a public hearing regarding the site plan. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 1,000 feet of the tract to which the petition relates, insofar as the names and addresses of such owners can reasonably be determined by the clerk from records maintained by the assessor or from other appropriate records. After reviewing the report of the planner and hearing the oral or written views of all interested persons, the commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the council. No new notice need be given for hearings that are continued by the commission to a specified future date. The commission shall recommend approval by the council upon finding that the proposed development meets the standards of this chapter.

(g)

Council hearing and decision. The council shall conduct a public hearing on the site plan in the same manner as the commission set forth in subsection (f) of this section.

(Code 1970; Code 1992, § 850.04(3)F)

In evaluating a site plan, the planning commission and city council shall consider its compliance with the following: Consistency with this chapter.

(Code 1970; Code 1992, § 850.04(3)G)

The information required for all site plan applications consist of the following items, and shall be submitted unless waived by the planner:

(1)

Site boundaries, buildings, structures and other improvements shall be identified on site with a current certificate of survey, prepared and signed by a state-licensed land surveyor, depicting the following:

a.

Scale of plan (engineering scale only, at one inch equals 50 feet or less);

b.

North point indication;

c.

Existing boundaries with lot dimension and area;

d.

Existing site improvements;

e.

All encroachments;

f.

Easements of record;

g.

Legal description of the property; and

h.

Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject property.

(2)

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

a.

Name and address of developer/owner;

b.

Name and address of architect/designer;

c.

Date of plan preparation;

d.

Dates and description of all revisions;

e.

Name of project or development; and

f.

All proposed improvements, including:

1.

Required and proposed setbacks;

2.

Location, setback and dimensions of all proposed buildings and structures;

3.

Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question;

4.

Location, number, dimensions and setbacks of proposed parking spaces and drive aisles;

5.

Location, number and dimensions of proposed loading spaces;

6.

Location, width and setbacks of all curb cuts and driveways;

7.

Vehicular circulation;

8.

Sidewalks, walkways, trails;

9.

Location and type of all proposed lighting, including details of all proposed fixtures;

10.

Location of recreation and service areas;

11.

Location of rooftop equipment and proposed screening;

12.

Provisions for storage and disposal of waste, garbage and recyclables, including details for screening exterior trash/recycling enclosures; and

13.

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

(3)

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 state-licensed engineer, depicting the following:

a.

Existing contours, at two-foot intervals (may be prepared by a state-licensed surveyor);

b.

Proposed grade elevations, at two-foot maximum intervals;

c.

Drainage plan, including the configuration of drainage areas and calculations;

d.

Storm sewer, catchbasins, invert elevations, type of castings and type of materials;

e.

Spot elevations (may be prepared by a state-licensed surveyor);

f.

Proposed driveway grades;

g.

Surface water ponding and treatment areas; and

h.

Erosion control measures.

(4)

Landscaping plan in accordance with article XII, division 6 of this chapter. The landscape plan must use a copy of the current certificate of survey as a base for the site in question, depicting the following:

a.

Planting schedule (table) containing:

1.

Symbols;

2.

Quantities;

3.

Common names;

4.

Botanical names;

5.

Sizes of plant material;

6.

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

7.

Special planting instructions;

b.

Location, type and size of all existing significant trees to be removed or preserved;

c.

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

d.

Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like;

e.

Typical sections with details of landscape islands, planter beds and foundation plantings, with identification of materials used;

f.

Note indicating how disturbed soil areas will be restored through the use of sodding, seeding or other techniques;

g.

Delineation of both sodded and seeded areas with respective areas in square feet;

h.

Coverage plan for underground irrigation system, if any;

i.

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; and

j.

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

(5)

Other plans and information as required by the planner, including, but not limited to:

a.

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

b.

Typical floor plan and typical room plan drawn to scale with a summary of square footage for each use or activity;

c.

Fire protection plan;

d.

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

e.

Vicinity map showing the subject property in reference to nearby highways or major street intersections; and

f.

Lighting plan.

(Code 1970; Code 1992, § 850.04(3)H)

(a)

Minor changes may be authorized by the planner only one time. Changes are considered minor if:

(1)

There is no increase to the proposed number of dwelling units;

(2)

Any proposed increase in the floor area of structures on site does not exceed five percent of the gross floor area;

(3)

All proposed revisions comply with Code requirements;

(4)

There is no change to any condition required in a site plan approval, including building materials and color;

(5)

The property is not located in an Edina Heritage Landmark District;

(6)

Impervious surface does not increase by more than five percent, unless to add required parking stalls to comply with a proof of parking plan;

(7)

There is no change to on-site circulation patterns or access to the site; and

(8)

Trees to be planted as part of the approved site plan may be relocated but not decreased in number.

(b)

All other plan modifications shall be acted on, reviewed and processed by the commission and council in the same manner as they reviewed and processed the site plan.

(Code 1970; Code 1992, § 850.04(3)I; Ord. No. 2015-07, § 3, 5-19-2015)

All existing approved final development plans as of December 21, 2010, are now deemed to be approved site plans.

(Code 1970; Code 1992, § 850.04(3)J)

(a)

If a building permit has not been obtained, and if erection or alteration of a building, as described in the application for site plan, has not begun within two years after site plan approval, the approval shall be null and void unless a petition for extension of time in which to commence the proposed work or improvements has been granted.

(b)

A petition for extension shall be made in writing and filed with the city clerk within such two-year period. The petition shall state reasons showing why a building permit has not been obtained, or why erection or alterations have not commenced, and shall state the additional time requested to begin the proposed work or improvement. The petition shall be presented to the council for hearing and decision in the same manner as then required for an original application. The council may grant an extension of up to one year upon finding that:

(1)

There is a reasonable expectation that the proposed work or improvement will commence during the extension; and

(2)

The facts which were the basis for approving the final development plan have not materially changed.

No more than one extension shall be granted.

(Code 1970; Code 1992, § 850.04(3)K)