The site plan review has a twofold purpose. It is to assure that the large-scale developments are in accord with the Comprehensive Plan and that such developments comply with the regulations of this chapter. Site plans are required to assure good arrangement and appearance of new development; ensure harmony with existing structures; assure consistency with the City's adopted building and design standards, the Comprehensive Plan, and the City's Standard Specifications for Installation of Utility Construction Projects and Subdivision Pavement Design; to provide an understanding of the impacts of proposed development on public facilities and services and ensure the availability and adequacy of the same; and to otherwise meet the purposes of this chapter.

[Ord. No. 2022-06, 1-24-2022]

A.

Preliminary Review of Permitted Use Site Plans.

(1)

A preliminary plan and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by the Planning Director, along with the appropriate fees, as specified in Section 230-57.

(2)

The Development Advisory Committee (DAC) shall review the application and plan. Comments from the DAC must be addressed via either submitting revised plans and/or necessary documents or via a narrative submitted to the Planning Director. The application shall be reviewed by the Planning Director and the City Engineer for general compliance with Chapter 230, Zoning, Chapter 200, Subdivision of Land, the Comprehensive Plan, the City Standard Construction Specifications and other City ordinances. Upon confirmation by the City Planner that all DAC issues and plan review comments have been addressed satisfactorily, the application will then be scheduled to be heard by the Planning Commission. A preliminary application shall be considered withdrawn if plan review comments are not satisfactorily addressed and preliminary approval is not obtained within 12 months of initial preliminary submission.

(3)

The Planning Commission shall review the application and shall approve the application with or without conditions, deny the application, or table the application.

(4)

Preliminary approval from the Planning Commission shall be void after 24 months, unless an extension is requested by the owner and approved for good cause by the Planning Commission prior to the expiration.

B.

Preliminary Review of Conditional Use Site Plans.

(1)

A preliminary plan and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by the Planning Director, along with the appropriate fees, as specified in Section 230-57.

(2)

The Development Advisory Committee (DAC) shall review the application and plan. Comments from the DAC must be addressed via either submitting revised plans and/or necessary documents or via a narrative submitted to the Planning Director. The application shall be reviewed by the Planning Department and the City Engineer for general compliance with Chapter 230, Zoning, Chapter 200, Subdivision of Land, the Comprehensive Plan, the City Standard Construction Specifications and other City ordinances. Upon confirmation by the Planning Director that all DAC issues and plan review comments have been addressed satisfactorily, the application will then be scheduled to be heard by the Planning Commission. A preliminary application shall be considered withdrawn if plan review comments are not satisfactorily addressed and preliminary approval is not obtained within 12 months of initial preliminary submission.

(3)

A public hearing on the preliminary plan shall be conducted by the Planning Commission. The Planning Commission shall review the application and shall recommend to City Council the approval of the application with or without conditions, deny the application, or table the application. In case of an unfavorable recommendation for denial by the Planning Commission, such application shall not be approved except by a favorable vote of 3/4 of the City Council.

(4)

No hearing shall be held by the Commission until notice of time and place thereof has been provided to the applicant, property owners within 200 feet of the subject property, and to such other interested parties as may be determined by the Planning Director at least 10 days before the date of said hearing. Notice shall be provided as follows:

(a)

The Planning Department shall notify by mail all property owners within 200 feet of the extreme limits of the subject parcel as their names appear in the City or County tax record at least 10 days prior to the hearing.

(b)

The Planning Department shall provide notice to the general public of the public hearing before the Planning Commission by publishing the date, time, place and nature of the hearing at least 15 days before the hearing in a newspaper of general circulation in the City and posting the same information in City Hall and on the City website.

(c)

The Planning Department will also post a notice outlining the date, time, place, and nature of the hearing in a conspicuous location on the property. The published and posted notices shall contain reference to the time and place within the City where text, maps and plans for the proposal may be examined.

(5)

City Council shall review the application and shall approve the application with or without conditions, deny the application, or table the application.

(6)

Preliminary approval from City Council shall be void after 24 months unless an extension is requested by the owner and approved for good cause by the Planning Commission prior to the expiration.

C.

Final Permitted Use or Conditional Use Site Plan.

(1)

A final plat and documents, as specified by the Planning Department, shall be prepared by the applicant and submitted in accordance with the submission schedule as determined by Planning Director , along with the appropriate fees, as specified in Section 230-57.

(2)

The final plan shall be reviewed by the Planning Director for confirmation that the application is designed in accordance with all subdivision, zoning and other land use regulations of the City along with the specifications of the City Council or Planning Commission preliminary approval. The final plan shall also be reviewed by the City Engineer for confirmation that the application is designed consistent with the preliminary plan and in accordance with the City Standard Construction Specifications.

(3)

Upon confirmation by the City Planner and City Engineer that all agency approvals have been obtained and all plan review comments have been addressed satisfactorily, the application may be administratively approved by the Planning Director.

(4)

Within 90 days of final approval from the City, the applicant shall record the plat at the County Recorder of Deeds office and provide the Planning Director a receipt of the recordation including the deed book and page number. Prior to recording the plat, at least three copies of the plat must be submitted to the Planning Director for stamping and signing. Two sets will be retained by the City. The City Manager, Planning Director and City Engineer shall sign the approved record plats and construction plans.

(5)

Failure to record the plat within 90 days of City approval will result in the approval being voided. In order to obtain final approval after it has been voided, the applicant must make application for preliminary approval again.

(6)

Application for building permits must be made within 18 months of the final approval of a site plan. If no applications for building permits are received by the City within 18 months, the plan shall be considered invalid, and a new application process will be required. The City's approval of the plan shall be considered null and void. The applicant may, however, request and the Planning Commission may grant an extension for good cause.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

A.

For minor changes or alterations to approved site plans (conditional use and by-right), formal site plan review by the Planning Commission and/or City Council may be waived at the discretion of the Director or designee for conforming uses which have previously received formal site plan approval and are applying to expand their gross floor area by up to 5,000 square feet, provided that such changes or amendments:

(1)

Do not negatively affect the original conditions for approval;

(2)

Involve no changes in use;

(3)

Do not conflict with specific requirements of this Chapter and Chapter 200, Subdivision of Land;

(4)

Do not change the general character or content of an approved development plan or use;

(5)

Have no appreciable effect on adjoining or surrounding property;

(6)

Do not result in any substantial change of major external access points;

(7)

Do not increase the approved number of dwelling units or height of buildings;

(8)

Do not decrease the minimum specified yards and open spaces or minimum or maximum parking and loading spaces; and

(9)

Do not have adverse effects on traffic operations.

B.

The Planning Director or designee may determine that the administrative changes outlined in this section must also be reviewed and approved by any applicable Development Advisory Committee agencies.

C.

Site plan revisions which do not meet the criteria outlined in this section shall be subject to the same application and review process enumerated in Section 230-51.

[Ord. No. 2022-06, 1-24-2022]

The following shall be exempt from the provisions for formal site plan review:

A.

Projects involving an aggregate impervious cover of less than 5,000 square feet will be excluded from the formal site plan review requirement. Such plans may be approved administratively at the discretion of the Planning Director.

B.

Expansion of existing and zoning compliant land development for which there is no existing approved site plan, provided the expansion involves less than 5,000 square feet of impervious cover. Such plans may be approved administratively by the Planning Director or designee. Plot plans may be submitted in lieu of engineered drawings. Any further expansion must be reviewed by the Planning Commission and/or City Council as applicable. All such expansions shall be cumulative. If conditional use approval is required, the application shall be processed without requiring formal engineered plans.

C.

The Planning Director may require letters of no objection from applicable agencies for new or expanded development exempted from formal site plan review.

[Ord. No. 2022-06, 1-24-2022]

A.

Prior to commencement of construction, the developer shall request a pre-construction meeting with the City Engineer. Payment of the required development inspection fee, as adopted by City Council and found in the City Fee Schedule, shall be made prior to the scheduling of the pre-construction meeting.

B.

Improvements within the development shall be constructed per the approved construction plans and the City's Standard Construction Specifications. Any deviations from the construction plans must be submitted to the City Engineer in writing for review and approval.

C.

A performance bond in the amount of 125% of the cost of installation shall be required for the construction of recreational and open space amenities, including but not limited to community buildings, playgrounds, walking paths, landscaping and landscape screening. The performance bond shall be posted prior to the issuance of the first building permit.

D.

Conditional Acceptance of Infrastructure by City Engineer.

(1)

Prior to the issuance of building permits, the developer shall obtain conditional acceptance from the City Engineer as outlined in the City's Standard Construction Specifications.

(2)

A maintenance bond shall be provided by the developer in the amount of 10% of the improvements to be taken over and maintained by the City.

(3)

A performance bond shall be provided by the developer in the amount of 125% of the cost for any item that has not been satisfactorily completed as approved by the City Engineer.

E.

Final Acceptance of Infrastructure by City Council.

(1)

Final top coat shall be paved after 75% of building permits have been issued for a project or phase of a project and prior to 90% of building permits having been issued for a project or phase of a project.

(2)

Final acceptance of utilities shall not occur until after the paving top coat has been completed.

(3)

Upon completion of the top coat paving, the City Engineer may release the top coat performance bond. The 10% maintenance bond will remain in place until one year after acceptance of the final top coat paving.

(4)

Upon completion of the required one-year maintenance period, the right-of-way improvements may be accepted by City Council by resolution.

(5)

Upon acceptance by City Council, the maintenance bond may be released by the City Engineer in its entirety.

[Ord. No. 2022-06, 1-24-2022]