Fircrest City Zoning Code
CHAPTER 22
72 SITE PLAN REVIEW
§ 22.72.001 Purpose.
The purpose of this chapter is to establish procedures for the review of commercial, industrial, residential, public and quasi-public developments for which site plan review is required. The site plan review process is intended to enable the appropriate review authority (hearing examiner or director) to evaluate development proposals with respect to architectural design, landscape design, urban form, pedestrian and vehicular circulation, utility design, and site characteristics. The process allows the review authority to condition development proposals to ensure their compatibility with adjoining uses, compliance with development regulations, and consistency with comprehensive plan goals, objectives and policies. The process is intended to run concurrently with the administrative design review process to ensure that all critical design issues are addressed early in the site planning and review stages of project development.
(Ord. 1246 § 22, 2000; Ord. 1638 § 43, 2019)
§ 22.72.002 Authority.
Two types of site plan review are established in this chapter, a "minor," or administrative review, and a "major," or hearing examiner review. The director is authorized to review development proposals subject to minor site plan review as listed in FMC § 22.72.003. The hearing examiner is authorized to review development proposals subject to major site plan review as listed in FMC § 22.72.004. The review authority may approve, approve with conditions, modify and approve with conditions, or deny the application for site plan review. The review authority shall grant site plan approval when it has determined that the criteria listed in FMC § 22.72.006 have been met by the proposal. The review authority may impose specific conditions upon the use, including an increase in the standards of this title, which will enable the review authority to make the required findings in FMC § 22.72.006. These conditions may include, but are not limited to, restrictions in hours of operations; restrictions on locations of structures and uses; structural restrictions which address safety, noise, light and glare, vibration, odor, views, aesthetics, and other impacts; and increased buffering requirements, including open space, berms, fencing and landscaping.
(Ord. 1246 § 22, 2000; Ord. 1638 § 44, 2019)
§ 22.72.003 Development subject to minor site plan review.
The director shall review the following public and private development proposals which are subject to site plan review:
(a)
New commercial, industrial, mixed-use, residential, public, and quasi-public buildings less than or equal to 2,000 square feet of gross floor area;
(b)
Commercial, industrial, mixed-use, residential, public, and quasi-public building additions which are less than or equal to 2,000 square feet of gross floor area;
(c)
Parking lot improvements associated with development proposals listed in subsections (a) and (b) of this section or parking lot modifications to existing development, including reconfiguration, provided no more than five spaces are added or reduced; and
(d)
A change of land use at an existing site or structure when the new activity requires either a change in occupancy according to the International Building Code or, in the opinion of the director, results in an intensification of land use and will require new conditions to comply with existing regulations of this title.
(Ord. 1246 § 22, 2000; Ord. 1667 § 44, 2020)
§ 22.72.004 Development subject to major site plan review.
The hearing examiner shall review the following public and private development proposals which are subject to site plan review:
(a)
New commercial, industrial, mixed-use, residential, public, and quasi-public buildings greater than 2,000 square feet of gross floor area; and
(b)
Commercial, industrial, mixed-use, residential, public, and quasi-public building additions which are greater than 2,000 square feet of gross floor area; and
(c)
Parking lot improvements associated with development proposals listed in subsections (a) and (b) of this section or parking lot modifications to existing development, including reconfiguration, when more than five spaces are added or reduced.
(Ord. 1246 § 22, 2000; Ord. 1638 § 45, 2019; Ord. 1667 § 45, 2020)
§ 22.72.005 Development exempt from site plan review.
The following public and private development proposals are exempt from site plan review:
(a)
Uses which are subject to conditional use permit review, administrative use permit review, and preliminary development plan review; and
(b)
Uses which are permitted outright, whether or not administrative design review is required.
(Ord. 1246 § 22, 2000)
§ 22.72.006 Criteria for site plan review approval.
Before any site plan approval may be granted, the review authority shall adopt written findings showing that the following criteria are met by the proposal:
(a)
The proposed use and site design will not be detrimental to the public health, safety, and welfare; injurious to property or improvements in the vicinity; or adversely affect the established character of the surrounding vicinity.
(b)
The proposed use and site design will meet or exceed all applicable development, design and performance standards and guidelines required for the specific use, location, or zoning classification.
(c)
The proposed use and site design will be consistent and compatible with the goals, objectives and policies of the comprehensive plan.
(d)
All conditions necessary to lessen any impacts of the proposed use are measurable and can be monitored and enforced.
(Ord. 1246 § 22, 2000)
§ 22.72.007 Application procedures.
Minor site plan review is classified as a Type II application and major site plan review is classified as a Type III-A application. The processing procedures for these applications are described in Chapters 22.05, 22.06, 22.07, 22.08, 22.09 and 22.10 FMC.
(Ord. 1246 § 22, 2000)
§ 22.72.008 Major and minor site plan review.
(a)
Minor Site Plan Review. Minor site plan review typically consists of a single review of detailed plans by the director. However, an applicant may elect to submit conceptual plans for a preliminary review to obtain the advice of the director as to the applicability of the intent, standards and provisions of this chapter to the plan. Once the director has provided this advice, the applicant will be directed to prepare and submit detailed plans to the director for a final review.
(b)
Major Site Plan Review. Major site plan review consists of two separate reviews. The initial review is conducted by the hearing examiner and the second review is conducted by the director. The plans submitted for the initial review may be conceptual in detail. However, the greater the level of detail in the plans submitted for hearing examiner review, the greater the level of certainty the applicant will have in preparing detailed plans for final review. When the hearing examiner determines that a site plan meets the criteria listed in FMC § 22.72.006, the hearing examiner will grant a preliminary approval and direct the applicant to prepare and submit detailed plans to the director for final site plan review. This second review is intended to ensure that all site planning issues identified during the hearing examiner's initial review are fully addressed prior to issuance of a building permit or other construction permit.
(Ord. 1246 § 22, 2000; Ord. 1638 § 46, 2019)
§ 22.72.009 Submittal requirements.
Application for site plan review shall be submitted on forms provided by the department. A minimum of two sets of the following plans, materials, and other applicable information shall be submitted with the application in clear and intelligible form:
(a)
A site plan drawing at a scale of not less than one inch per 50 feet which shows:
(1)
The location of all existing and proposed structures and improvements, including, but not limited to, fences, culverts, bridges, roads, and streets on the subject property;
(2)
The boundaries of the property proposed to be developed and, if the property is to be subdivided, the boundaries of each proposed lot within the property;
(3)
All proposed and existing buildings and setback lines, including those located on adjoining properties;
(4)
All areas to be preserved as buffers or to be dedicated to a public, private, or community use or for open space and information regarding the percentage of area covered and size and type of existing vegetation to be removed or to be retained;
(5)
All existing and proposed easements;
(6)
The locations of all existing utility structures and lines;
(7)
The stormwater drainage systems and management plan for existing and proposed structures and parking facilities;
(8)
All means of vehicular and pedestrian ingress and egress at the site and the size and location of driveways, streets, and roads;
(9)
The design of off-street parking areas showing the size and location of internal circulation and parking spaces (see Chapter 22.60 FMC for standards);
(10)
The location of all loading spaces, including, but not limited to, truck loading platforms and loading docks;
(11)
The location and design of trash enclosure areas, exterior lighting, exterior signage, mechanical and utility facility areas;
(b)
Elevation plans drawn to scale for each building or structure elevation. Additions and alterations to existing structures shall be clearly identified on the plans. Design details such as exterior finish materials and textures, lighting and other fixtures, and design elements such as beltcourses, brackets, chimneys, cornices, roof overhangs, window trim, sills and sashes, shall be identified to assist with the administrative design review process;
(c)
Sign plan showing the location, dimensions, area, design, material, color, and methods of illumination of all exterior signs;
(d)
Exterior mechanical device screening plans which identify the building elevation and site plans of all proposed exterior mechanical devices, including roof-mounted equipment, and proposed screening;
(e)
Landscape plan drawn to scale showing the locations of existing trees to be removed and to be retained on the site, the location of proposed landscaping, and location and design of irrigation systems. In addition, a plant schedule indicating species, varieties, sizes, and numbers of plants to be installed, and planting specifications shall be submitted (see FMC § 22.62.010 for standards);
(f)
Topographic map which delineates contours, both existing and proposed, at intervals of two feet, and which locates existing streams, wetlands, forested areas, and other natural features;
(g)
A grading plan showing existing and proposed grades;
(h)
The existing zoning district of the proposed development site and any other zoning district within 300 feet of the site;
(i)
Impervious surface calculations, including the proposed number of square feet of surfaces covered by buildings, driveways, parking lots, or any other structure covering land; the total number of square feet in the entire proposed development site; and the percentage of the site covered with impervious surface;
(j)
The proposed number of dwelling units and number of bedrooms in the development;
(k)
The proposed number of square feet in gross floor area for each commercial, industrial, residential, and other nonresidential use;
(l)
A description of each proposed use;
(m)
For properties containing critical areas or their regulated buffers, all informational requirements specified in the critical area regulations shall be included in the site plan submittal; and
(n)
The forms, materials and other information specified in FMC § 22.06.002.
(Ord. 1246 § 22, 2000; Ord. 1667 § 46, 2020)
§ 22.72.010 Waiver of submittal requirements.
The director may waive the submittal requirement for any of the items listed in FMC § 22.72.009 when, in the discretion of the director, the item is inapplicable or unnecessary for the review authority to complete the site plan review.
(Ord. 1246 § 22, 2000)
§ 22.72.011 Request for additional information.
The director may require the applicant to submit additional information or material which is necessary for the proper review and hearing of the application.
(Ord. 1246 § 22, 2000)
§ 22.72.012 Amendment of site plan.
An applicant may request an amendment to a previously approved site plan by submitting to the department accurate plans which clearly identify the proposed changes to the approved design. The director may determine that:
(a)
The proposed amendment is exempt from further review because it represents a minor change from the originally approved plans and the criteria listed in FMC § 22.72.006 continue to be met;
(b)
The proposed amendment is subject to additional administrative review because it represents a substantial change to plans which the director previously granted approval of through the minor design review process or the final major design review process; or
(c)
The proposed amendment is subject to additional hearing examiner review because it represents a major change to plans which the hearing examiner previously granted approval of through the preliminary major design review process.
A request to amend an approved site plan which has been determined to be subject to additional review shall be processed using the same procedures applicable to the original site plan review process. The review authority may impose conditions on the proposed amendment to ensure that the intent and conditions of the original approval are met. Deviations from an approved site plan are not permitted unless an applicant first obtains approval in accordance with this section.
(Ord. 1246 § 22, 2000; Ord. 1638 § 47, 2019)
§ 22.72.013 Performance bond.
The review authority may require as a condition of site plan review approval that the applicant furnish the city with a performance bond, or other form of guarantee deemed acceptable by the city attorney, to secure the applicant's obligation to complete the provisions and conditions of the site plan as approved.
(Ord. 1246 § 22, 2000)
§ 22.72.014 Duration of a site plan review approval.
In the event that a site plan approval is not exercised within one year from the effective date of approval, it shall automatically become null and void; provided, however, that for good cause, the review authority may grant a one-time extension of one year if an extension request is filed with the department no less than 15 days prior to the date of expiration for a minor site plan review approval or 45 days prior to the date of expiration for a major site plan approval. A properly filed application for a time extension shall stay the effective date of expiration until action on the request has become final. The process for taking action on the request shall be the same used for the original site plan review application. Before taking action to grant an extension, the review authority shall adopt written findings showing that the following circumstances exist:
(a)
The proposal approved under the terms of the site plan review application originally granted remains in conformance with current development standards or design guidelines contained or referenced in this title. (If the proposal would no longer conform to this title as a result of more restrictive standards or guidelines being adopted subsequent to the original approval, the director or hearing examiner may consider a modified proposal which would comply with the more restrictive standards or guidelines.)
(b)
The findings adopted in support of the original site plan review application approval remain valid and supportive of the time extension request.
(Ord. 1246 § 22, 2000; Ord. 1638 § 48, 2019)
§ 22.72.015 Limitation on refiling of application.
No application for a site plan review shall be accepted for filing by the director within one year following final action in denying an application for a site plan approval for the same or substantially the same purpose or property. The director shall deem an application to be substantially the same as the site plan review application denied if the use to which the property is proposed to be put is the same or substantially the same as that which was considered and disallowed by the earlier final action.
(Ord. 1246 § 22, 2000)
