5.1.1.

Purpose and intent. The public health, safety, comfort and welfare require that the development of land be conducted in a harmonious, orderly, and progressive fashion within the corporate limits of the city. Once land has been developed, the correction of defects is costly and difficult. Substantial public responsibility is created by each new development, involving the maintenance of streets and drainage facilities, and the provision of additional public services. As the general welfare, health, safety, and convenience of the community are thereby directly affected by the use of the land, it is in the direct interest of the public that developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards. Consideration shall be given to the character of an area and the availability of public facilities to ensure the compatibility and coordination of land uses and facilities within a given geographic unit. Applicants for conditional uses will also be required to submit an application for site plan or minor site plan review. The purpose and intent, therefore, of this chapter is to ensure that the following objectives shall be attained:

1.

To assure that the planned project is in conformity with the goals and objectives of the city's comprehensive plan;

2.

To assure that the planned project is compatible with the surrounding area and that it will serve to enhance the general character of the area and the city;

3.

To assure that adequate provisions are made for vehicular traffic access, ingress, egress, internal circulation and parking, traffic control, pedestrian movement and safety, emergency vehicle access, and trailered equipment storage;

4.

To assure that adequate screening and buffering will be provided between the planned project and contiguous properties;

5.

To assure that adequate provisions are planned for utilities, drainage, pollution control, and all public services, including garbage/refuse collection, delivery service, postal service, maintenance service, school bus loading and unloading, utility and exterior lighting, and other services necessary to the maintenance of the health and welfare of the residents of the project;

6.

To assure the adequate provisions have been made for light, air, access, and privacy in the arrangement of buildings as they relate to other improvements, to public roads/streets, to internal roads, to parking areas, to recreation areas, to sidewalks, and to contiguous properties;

7.

To assure that the natural qualities and characteristics of the land will be preserved, and that the project site will be appropriately landscaped and provisions established for the maintenance of the same;

8.

To assure that adequate recreation space will be provided within planned projects and that provisions are made for the supervision and maintenance thereof;

9.

To assure that the aesthetics and architectural details of the planned project are compatible with the surrounding area and serve to enhance the character of the area;

10.

To assure the installation of prescribed standards by the land developer of those required improvements which ought not become a charge on the citizens and taxpayers of already existing areas;

11.

To assure the prevention of haphazard, premature, or scattered land development;

12.

To assure safety from fire, panic, crime, and other dangers, and to promote health and the general welfare;

13.

To assure protection from flooding hazards and ensure proper water management;

14.

To assure the protection of the natural and scenic resources of the city, including surface waters, and groundwater recharge areas.

5.1.2.

Applicability. The procedures contained in this chapter will be used for the review of site plans for all office, commercial, industrial, institutional and multifamily residential development. Also included are:

1.

Projects involving land development without structures, such as parking lots.

2.

Projects involving new construction, the alteration or conversion of any existing structure into an office, commercial, industrial, institutional or multifamily residential facility which involves a change where there is a need for upgrading of the site through parking requirements, drainage improvements, fire flow, etc.

3.

Public buildings and facilities and private utility buildings and facilities.

4.

Any developments permitted under conditional uses. Exempt from site plan review are:

a.

Single-family and duplex dwelling units or minor appurtenances thereto, such as private swimming pools, fences, etc.

b.

Agricultural production practices which include fencing, drainage, irrigation and other agricultural uses and structures which do not conflict with city ordinances.

c.

Accessory structures used for storage purposes only that adhere to the following criteria:

1.

Shall not exceed 800 square feet.

2.

Height is restricted to one story not to exceed 35 feet.

3.

Limited to one accessory structure per site.

4.

Must be of similar construction and architectural style as the primary structure.

5.

Shall be a permanent structure constructed on a foundation having either a concrete slab or stem wall and meet the minimum requirements of the Florida Building Code.

6.

Must meet all applicable zoning regulations.

7.

Storage use only.

(Ord. No. 2008-1006, § 2, 6-17-08; Ord. No. 2020-20, § 2, 5-4-21)

5.2.1.

Preapplication conference. The applicant will meet with the development review coordinator to discuss the proposed development prior to submitting a formal application.

5.2.2.

Application procedure.

1.

An approved site plan is required prior to the issuance of a building permit.

2.

It shall be unlawful for any person to construct, erect or alter a building or structure or to develop, change or improve land for which a site plan is required except in accordance with an approved site plan.

3.

All applicants applying for site plan review, submitted under the purview of this chapter, shall submit an electronic document (PDF) of the site plan to the development review coordinator (three paper copies may be submitted in lieu of a PDF).

4.

All submittals and revisions for consideration by the development review committee for any given month must be made to the development review coordinator by the first Monday of that month.

5.

Site plan submittals shall contain the information required by section 5.3 or applicants will not be placed on the DRC agenda until they are completed.

6.

Appropriate fees shall be paid at the time of submittal.

7.

The development review committee shall review all site plans for compliance with site plan requirements. The applicant shall be invited to meet with the development review committee in their review of the site plan. The development review coordinator shall inform the applicant by letter of the recommendations which will be made by the development review committee to the planning and zoning commission if the applicant is not present.

8.

If substantial revisions are required as determined by the development review committee, the revised site plan shall be submitted within 60 days from the development review committee meeting at which the recommendations were made. The development review committee will then review these changes for compliance with the appropriate site plan regulations and make recommendations to the planning and zoning commission.

9.

More than two reviews by the development review committee for a site plan shall be considered a new application and, therefore, require an additional application fee.

10.

Based upon the information provided by the applicant and the recommendations of the development review committee, the planning and zoning commission will approve, approve subject to stated conditions or deny the site plan.

11.

Upon-site plan approval and issuance of a building permit, the development shall be built in accordance with the approved site plan and site plan regulations.

5.2.3.

Minor deviation to approved site plans: Site plans that have received city approval may file an application for minor plan (minor deviations) revisions that meets the following criteria:

1.

A minor deviation is a deviation from a site plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

a.

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

b.

Minor changes in utility design, such as pipe sizes, locations, etc.

c.

Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open space associated with any single structure by not more than five percent provided that such reduction does not permit the required yard area or open space to be less than that required by this code.

2.

Major deviations. Any deviation from a plan/plat that does not meet the criteria for a minor deviation, as defined above, shall be considered a major deviation. Major deviations shall following the normal site plan application review process pursuant to this code.

3.

The city's acceptance of the revisions shall not grant any time extensions. The approval date of the site plan shall be the initial action taken by the city regardless of the timing of the site plan revisions.

4.

Proposed minor deviations may be considered by the DRC after filing an application with format provided by the city, the revised site plan sheet(s), and filing fee.

5.2.4.

Minor site plan review. Minor site plan review will be required for additions to existing structures if the additions are less than 50 percent of the total square footage of the existing structures, for changes in use without addition to existing structures but require other site improvements, and for conditional uses on currently developed land so long as the conditional use does not require additions to the structure in excess of 50 percent of the total square footage of the existing structure.

Required submittals: Submittals shall be required as outlined in section 5.3. However, individual elements of the submittal requirements may be omitted based upon the site conditions. Omissions must be approved by the development review coordinator and/or the public services director.

5.2.5.

Time limit on approval. Following approval of the site plan, the applicant shall have one year to obtain a permit for construction on the site. The site plan for any site where a permit for construction has not been issued within one year of approval may be reevaluated by the planning and zoning commission, and any newly adopted standards will be utilized. An extension of the time limit may be requested in writing by the applicant before the time limit expires. Cause for the extension must be shown.

All site work shall be completed and inspected based upon a complete set of certified record drawings within 24 months of issuance of the site development permit. If not completed, the site development permit shall be revoked and no work shall be allowed to continue on the site. The site plan for any site where a site development permit has been revoked shall be reevaluated by the city through the approved review process, and any newly adopted standards will be utilized. A new site development permit will be required prior to commencing construction.

(Ord. No. 2011-02, § 2, 2-15-11; Ord. No. 2013-13, § 2(Exh. A), 10-1-13; Ord. No. 2020-20, § 2, 5-4-21; Ord. No. 2021-09, § 2, 7-20-21)

5.3.1.

Qualification of engineer. Site plans or any portion thereof involving engineering shall be certified and prepared by, or under the direct supervision of, a professional engineer, qualified by training and experience in the specific technical field involved and registered or licensed to practice that profession in the State of Florida.

5.3.2.

General development and proposed improvements.

1.

General information:

a.

Name of project.

b.

Statement of intended use of site.

c.

Legal description of the property and size of parcel in acres or square feet.

d.

Name, address and telephone number of the owner or owners of record.

e.

Name, address and telephone number of the owner's (or owners') agent.

f.

Name, address, signature and registration of the professionals preparing the plan.

g.

Date, north arrow and scale, number of sheets; the scale (not smaller than one inch to 50 feet) shall be designated and, where appropriate, as determined by the development review coordinator, the same scale should be used on all sheets.

h.

Vicinity map, showing relationship of proposed development to the surrounding streets and thoroughfares, shall be at a scale of not less than one inch equals 2,000 feet.

i.

Linear dimensions of the site.

j.

Existing topography with a maximum of one-foot contour intervals for the proposed site and 300 feet adjacent to the site on all sides, except where determined to be unreasonable by the development review coordinator.

k.

Finished grade elevation.

l.

All existing and proposed building restriction lines (i.e., highway setback lines, easement, covenants, rights-of-way, and building setback lines).

m.

Commitments, such as contributions to offset public facilities impacts.

n.

Zoning on all adjacent land.

o.

All rights-of-way and curb cuts within 150 feet of the proposed site on both sides of the road.

2.

Buildings and structures:

a.

Intended use.

b.

Number of stories.

c.

Height of building.

d.

Number of dwelling units and density for multifamily site plans.

e.

Projected number of employees.

f.

If restaurant, show number of seats and occupancy load.

g.

Square footage for proposed development-gross square footage, nonstorage area, square footage of each story, gross square footage of sales area, etc.

h.

Photograph or sketch of proposed sign with dimensions and material type.

i.

Facade and elevation plans as follows:

1.

Exterior elevations with material designations.

2.

Outline specifications of facade and roof treatments.

3.

General exterior color description including signs.

3.

Streets, sidewalks, driveways, parking areas and loading spaces:

a.

Engineered plans and specifications for streets, sidewalks and driveways.

b.

All parking spaces designated.

c.

Number of parking spaces.

d.

Number and location of handicapped spaces.

e.

Number and designation of loading spaces.

f.

Number of square feet of paved parking and driveway area.

g.

Surface materials of driveways.

h.

Cross-section of proposed street improvements.

i.

Fire lanes.

j.

Location of proposed driveway(s) and median cut(s).

k.

Internal traffic circulation plan, including directional arrows and signs to direct traffic flow.

l.

Location of traffic-control signs and signalization devices.

m.

Designated location of sidewalks.

n.

Coordination of walkways, driveways, etc., with facilities in adjacent developments.

o.

All proposed streets and alleys.

p.

The extension or construction of service roads and access thereto on-site must be shown where applicable.

q.

All new developments, including public rights-of-way, shall utilize lighting fixtures designed and located to minimize glare and reduce light trespass and overhead skyglow. All fixtures shall be designed meeting the International Dark Sky Association principals.

r.

All new developments shall provide parking light poles and fixtures meeting the city's fixture and pole design styles as provided in the City of Mount Dora Standard Details Construction Manual. Further exterior lighting design requirements are listed in section 6.13 (commercial architectural and site design requirements).

4.

Traffic impact analysis data:

a.

Requirements: The developer shall prepare, or have prepared, by a qualified traffic engineer, a traffic impact analysis, unless determined by the city that the proposed development will not have a traffic impact which justifies such an analysis.

b.

Data: The analysis of traffic impacts will provide the following findings, and appropriate methodologies utilized in determining the findings:

1.

Total projected average weekday trip ends for the site in question.

2.

Design capacity of the accessed and impacted roads.

3.

Average projected peak-hour (including time of day) trip projections for the site in question.

4.

Analysis of projected on- and off-site traffic patterns, such as turning movements.

5.

Projected percentage of truck traffic.

6.

Recommended improvements made necessary by development.

7.

Other related information as required by the city engineer.

8.

Impact to existing levels of service on accessed and impacted roads.

c.

The applicant shall be responsible for all costs associated with review of the traffic impact analysis by the city engineer.

d.

All traffic impact analysis shall be conducted in conformance with the traffic impact study (TIS) guidelines dated March 2008 or most recent version.

5.

Drainage: Engineering plans and specifications for collection and treatment of storm drainage, including a description of the preservation of any natural features, such as lakes and streams or other natural features.

6.

Dredge and fill: If any dredging or filling operation is intended in development of the area, application shall be made to the official responsible for dredge and fill permits. No such work will be done prior to issuance of such permit.

7.

Soils:

a.

Indicate soil classifications on the site plan as identified by the United States Department of Agriculture Soil Conservation Service in the "Lake County Area Soil Survey." An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that the identified soils are not classified correctly. If that determination is concurred with by the city, the soils shall be correctly identified for the purpose of this chapter.

b.

Soil analysis by a qualified soil engineer must be furnished upon request of the director of public services.

8.

Erosion control: Provision for the adequate control of erosion and sediment, indicating the location and description of the methods to be utilized during and after all phases of clearing, grading and construction.

9.

Limits of floodplain: Indicate flood elevation for 100-year flood elevation on the site plan as established by the United States Geological Survey Map series entitled, "Map of Floodprone Areas," or the Department of Housing and Urban Development "Flood Boundary and Floodway Maps." An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that his property does not fall within the designated flood delineation. If said expert determines that the property in question is not within a floodprone area, and said determination is acceptable to the floodplain manager and the city engineer, said property shall be designated as non-floodprone for the purpose of this code.

10.

Proposed water and sewer facilities:

a.

Water: Size, material and location of water mains, plus valves and fire hydrants, fire flow calculations plus engineering plans and specifications within 300 feet of the site.

b.

Sanitary sewer system: Size, material and location of lines plus engineering plans and specifications, with submittal of profile where required.

c.

Electric and gas.

11.

Solid waste: Location(s) and access provisions for refuse service, including pad screening, fencing and landscaping.

12.

Landscaping, arbor, recreation and open space:

a.

Landscaping plan, irrigation system plan and provision for maintenance, include size, type and location of all landscaping, screens, walls, fences, and buffers.

b.

Application for arbor permit, if applicable.

c.

Recreation and open space areas, if applicable.

5.3.3.

Existing improvements (on-site, adjacent to site and across or opposite any public rights-of-way).

1.

Locations and sizes of driveways and median cuts within 300 feet of the site.

2.

Sidewalks, streets, alleys and easements (note widths and type).

3.

Drainage systems to include natural and structural (size and materials, invert elevation).

4.

Size and location of nearest water mains, valves and fire hydrants.

5.

Sanitary sewer systems (size, invert elevations, etc., to be included).

6.

Gas, electrical and telephone lines, where available.

7.

Tree survey indicating the location of all trees on-site which are a minimum of six inches in diameter measured approximately three feet above the ground designating the trees to be retained, removed, relocated or replaced. Smaller trees to be retained may also be shown by the applicant to assist the arbor inspector in determining replacement requirements. Groups of trees in close proximity may be designated as "clumps" of trees with the estimated number and type of trees noted. Trees with a diameter of 24 inches and greater shall be identified by type, height, diameter and canopy spread. Trees to be removed, relocated or replaced must be named (common and botanical name) on the plan.

5.3.4.

Additional data.

1.

Any additional data, maps, plans or statements, as may be required, which is commensurate with the intent and purpose of this ordinance.

2.

A professionally conducted survey of native vegetative communities shall be required for all proposed development sites of 30 acres or more where native habitat exists on the site. This survey shall be conducted by an ecologist, biologist, or similar professional and shall include an inventory of wildlife, as well as state and federally listed endangered and threatened animal and plant species, and species of special concern. Site surveys shall address the following:

(1)

The size and distribution of native habitat;

(2)

Wildlife and listed species populations within the proposed development site;

(3)

The feasibility and viability of on-site protection and management;

(4)

Whether the proposed development site includes a wildlife corridor and the feasibility of maintaining the wildlife corridor;

(5)

The appropriateness of mitigating the impacts of development by the relocation of the listed species to an acceptable off-site location, in the event that on-site protection is shown to be ineffective.

The developer and the city shall use the information gathered from the survey to develop and implement a plan to protect state and federally listed endangered and threatened plant and animal species and species of special concern.

Any development project of 30 or more acres shall be required to preserve native and upland habitat in accordance with the guidelines of the United States Fish and Wildlife Service and the Florida Freshwater Game and Fish Commission, as applicable.

3.

The city recognizes the need to protect specific rare natural communities within the Wekiva Study Area. These include the longleaf pine, sand hill. sand pine and xeric oak communities. A site assessment produced by an environmental professional verifying the existence or lack thereof of these natural communities shall be required for all sites over 30 acres in size. If portions of these communities (less than or equal to 50 percent) exist on potential development sites they shall be protected The development potential lost through this protection shall be allowed to be transferred to more appropriate areas of the site. If more than 50 percent of the site is encompassed by one of these communities. 50 percent of the natural community shall be protected with the density transferred from the protected portion of the site to the developed portion.

For sites greater than 100 acres which have more than 50 percent of the site containing sensitive upland habitats, at least 50 percent of the site must be maintained as open space and that portion must contain the sensitive habitat.

As part of this assessment the developer shall identify any karst features located on the site. These shall include, but not be limited to sinkholes and limestone outcroppings. All development shall maintain a 50-foot buffer from these karst features.

5.3.5.

Additional required legal submittals where facilities are dedicated to the public. The approval of the site plan wherein facilities are dedicated to the city, shall be made only pursuant to certification of adequacy of the following list of required submittals by the city manager and city attorney, as appropriate:

1.

Bonds. The approval of any site plan shall be subject to the applicant guaranteeing the installation and maintenance of the required improvements, where facilities are to be conveyed to the city, by filing a performance bond or bonds executed by an approved surety company in the amount of 110 percent of the construction costs, including landfill. Costs for construction shall be determined by (1) estimate by the applicant's engineer, or (2) a copy of the actual construction contracts as provided. The amounts of the performance and maintenance bond must be approved as adequate by the director of public services and/or the city engineer. In lieu of performance bonding, improvements may be installed following site plan approval and preceding issuance of the certificate of occupancy, subject to the approval of the city. In all cases where public improvements are installed prior to issuance of the certificate of occupancy, a two-year maintenance bond in the amount of 20 percent of the construction costs must be submitted. A completed maintenance bond form shall be submitted when utilizing a cashier's check or certified check as the form of guaranty in lieu of a surety. The certificate of occupancy cannot be issued until the maintenance bond is approved. Bonding requirements may also be met by, but not limited to, the following:

a.

Escrow deposit:

1.

Cashier check.

2.

Certified check.

b.

Others, as approved by the city council, which may include developer-lender city agreement for providing public improvement, assignment of interest-bearing certificate of deposit, irrevocable letters of credit or developer's agreement.

2.

Title certificate. A certificate of ownership signed by a licensed attorney-at-law or an abstract company shall be required when property is conveyed to the city, in a form approved by the city attorney, and showing:

a.

Parties executing site plan are owners of the land embraced by the site.

b.

All mortgages, liens or other encumbrances.

c.

That all taxes and assessments are paid to date.

d.

Description of site is correct.

e.

No conflicting rights-of-way, easements, or site plans exist.

3.

As-built record drawings. Three copies of as-built record drawings shall be required prior to the issuance of a certificate of occupancy. As-built record drawings shall be prepared, signed and sealed by the engineer of record. The city shall not accept improvements nor issue a certificate of occupancy until three copies of as-built record drawings are submitted to the city and reviewed, and determined to be consistent with this code. Also, see section 7.10.8 and section 7.13.6 of this code for specific as-built requirements for utility construction specifications.

(Ord. No. 714, § 14, 4-7-98; Ord. No. 904, § 2, 8-15-06; Ord. No. 2008-1007, § 2, 6-17-08; Ord. No. 2012-11, § 3, 8-21-12; Ord. No. 2012-19, § 3, 12-4-12; Ord. No. 2020-20, § 2, 5-4-21)