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Port Saint Lucie City Zoning Code

ARTICLE XII

SITE PLAN REVIEW REQUIREMENTS, PROCEDURES

Sec. 158.235.- Purpose.

It is the intent and purpose of the site plan review process to ensure the proper construction of on-site and off-site improvements consistent with the rules and regulations of the City and good design principles; to ensure that the proper and necessary on-site and off-site public improvements are available to serve the development, including potable water, wastewater treatment, roads and streets, recreation facilities, drainage, and the like; to ensure the health, safety, and welfare of the general public; and to ensure that all development is constructed in a manner as to protect and maintain a sound manmade and natural environment.

(Ord. No. 98-84, § 1, 3-22-99)

Sec. 158.236. - Site Plan Review Committee Established; Procedures.

(A)

A Site Plan Review Committee shall be established by the City Council to review all land use proposals requiring specific site plan approval by this chapter. The voting members of the committee shall consist of the Zoning Administrator or designee, the City Engineer or designee, the Building Official or designee, a member of the Planning and Zoning Board, and the Director of Utilities Systems Department or designee. The Zoning Administrator shall be the chairperson. Nonvoting members shall consist of representatives of the police department, the St. Lucie County Fire District, and St. Lucie County School District.

(B)

The following general rules of procedure shall govern the Site Plan Review Committee:

(1)

The committee shall hold a regular meeting at least once in each calendar month, and at any other times as the chairperson may determine, provided that no regular meeting shall be required where the committee has no site plan proposals to review.

(2)

All official actions of the committee shall require an affirmative vote thereon by no less than three (3) members.

(3)

A record of all official actions taken by the committee, together with the applicable site plan documents, shall be maintained within the office of the Zoning Administrator.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 20-53, § 2, 10-12-20)

Sec. 158.237. - Site Plan Approval Process.

The site plan approval process consists of two (2) steps. The first step consists of site plan approval and the second step consists of approvals of detail plans as set forth in section 158.239. Pursuant to the procedures set forth below, the Site Plan Review Committee meets to review all site plans and either makes recommendations to the City Council or approves the site. For any project which is tabled by the Site Plan Review Committee, which requires further changes or additional information, or requires a unity of title to rezone the site prior to development, the applicant shall complete these changes within a three month period or the application is considered inactive and abandoned. A new application and fee will then be required in order to reactivate the request.

(A)

For site plans involving less than fifty (50) dwelling units, or less than ten thousand (10,000) square feet of gross floor area for nonresidential developments, the following procedure is set forth for site plan review.

(1)

Three (3) weeks prior to the next scheduled Site Plan Review Committee meeting, all materials required in section 158.238 shall be submitted to the Zoning Administrator.

(2)

The Zoning Administrator reviews the site plan with the Site Plan Review Committee.

(3)

The Site Plan Review Committee either approves, approves with conditions or denies the site plan, pursuant to subsection 158.236(B).

(B)

For all site plans involving fifty (50) or more dwelling units, or ten thousand (10,000) square feet or more gross floor area for nonresidential developments, the following procedures are set forth for site plan review:

(1)

Three (3) weeks prior to the next scheduled Site Plan Review Committee meeting, all materials in section 158.238 shall be submitted to the Zoning Administrator.

(2)

The Zoning Administrator reviews the site plan with the Site Plan Review Committee.

(3)

The Zoning Administrator transmits the recommendations and comments of members of the Site Plan Review Committee to the applicant.

(4)

The City Council then reviews the comments and recommendations of the Site Plan Review Committee at a scheduled public meeting, and either approves, approves with conditions, or disapproves the site plan.

(C)

Minor revisions of site plans may be reviewed and considered for approval administratively by the Zoning Administrator. Minor revisions of site plans are revisions that do not result in any of the following:

(1)

An increase of five (5) or more dwelling units.

(2)

A change in the mix of dwelling units of over five (5%) percent.

(3)

An increase in impervious surface area by more than five (5%) percent.

(4)

An increase in nonresidential gross floor area by more than five (5%) percent.

(5)

A decrease in the amount of land area devoted to recreational space or reduction in the amount and size of recreational facilities.

(6)

A significant change in architectural style.

(7)

An adverse environmental impact.

(8)

Any change which violates a condition of site plan approval required by the Site Plan Review Committee or City Council.

(9)

Changes which exceed the standards established in subsections (3) and (4) above, provided the proposed revision does not exceed five hundred (500) square feet.

Each approved site plan may receive more than one administrative approval, provided the cumulative changes do not exceed the standards established in subsections (C)(1) through (9) above.

(D)

Major revisions of site plans shall follow the procedures set forth in subsections (A) or (B) of this section whichever is applicable. Major revisions of site plans are revisions that result in any of the following:

(1)

An increase of five (5) or more dwelling units.

(2)

A change in the mix of dwelling units of over five (5%) percent.

(3)

An increase in impervious surface area by more than five (5%) percent

(4)

An increase in nonresidential floor area by more than five (5%) percent.

(5)

A decrease in the amount of land area devoted to recreational space or reduction in the amount and size of recreational facilities.

(6)

A significant change in architectural style.

(7)

An adverse environmental impact.

(8)

Any change which violates a condition of site plan approval required by the Site Plan Review Committee or City Council.

(9)

Changes which exceed the standards in numbers (3) and (4) above, and which exceed five hundred (500) square feet.

(E)

The following development shall be exempt from the site plan approval process specified in subsections 158.237(A) and (B) of this chapter:

(1)

The construction of one single-family residential dwelling, including accessory structures, on a vacant, lawfully established lot.

(2)

Public works projects constructed within public rights-of-way.

(3)

Public stormwater management projects.

(4)

Development of capital improvement projects, excluding public access buildings, listed in the adopted City of Port St. Lucie Capital Improvements Plan.

(F)

The following development shall be exempt from the site plan revision process specified in subsections 158.237(C) and (D) of this chapter provided that all applicable setbacks are met and the changes are incorporated into a future major or minor revision of the site plan if applicable:

(1)

Development activity on existing, previously approved developments for the sole purpose of complying with Chapter 553, Part II, Accessibility by Handicapped Persons of the Florida Statutes.

(2)

Changes of use within a lawfully established building, provided there is adequate parking per section 158.221.

(3)

Construction associated with the installation of emergency electric power generators or solar facilities on previously approved developments.

(4)

The construction of uninhabitable accessory less than 300 square feet in size (i.e., dumpster enclosures, sheds, awnings, etc.) on previously approved developments.

(5)

The construction of fences that do not enclose vehicular parking, restrict vehicular access, enclose storage yards, or impact drainage on previously approved developments.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 06-04, § 1, 1-23-06; Ord. No. 08-29, § 2, 11-14-08; Ord. No. 09-60, § 1, 7-13-09; Ord. No. 12-08, § 1, 3-12-12; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 20-53, § 2, 10-12-20)

Sec. 158.238. - Site Plan Submittals; Requirements.

An applicant seeking site plan approval shall submit the following items to the office of the Zoning Administrator at least twenty-one (21) calendar days prior to the next regularly scheduled meeting date of the site plan review committee. The format and number of copies shall be determined by the Zoning Administrator.

(A)

General Project Data.

(1)

Statement describing in detail the character and intended use of the development.

(2)

Location map.

(3)

Statements of ownership and control of the proposed development with two (2) copies of the recorded deed.

(4)

Schedule of project completion, by phase.

(5)

Existing zoning or zoning applied for.

(6)

If the project will utilize the capacity of an existing water/sewer system, a letter from the relevant authority must be provided stating that capacity will be available for the project at project completion.

(7)

Land use information:

a.

Gross acreage in the project.

b.

Square feet or acres devoted to the various uses.

c.

Total ground coverage of building and structures.

d.

Impervious surface coverage.

e.

Total number of dwelling units and number of dwelling units by bedroom size.

f.

Project density in dwelling units per acre.

g.

Total nonresidential floor area in square feet by type of use.

(8)

Parking and loading information:

a.

Calculations of required parking and loading spaces, including handicapped parking spaces required.

b.

Number of parking spaces/loading areas to be provided.

(9)

Private common areas: If common facilities, such as recreation areas or structures, private streets, common open space, and the like, are to be provided for the development, a statement as to how common facilities area to be provided and permanently maintained. These statements shall take the form of proposed deed restrictions, deed of trust, homeowners' associations, surety arrangements, or other legal instruments providing adequate guarantee to the City that the common facilities will not become a future liability for the City.

(10)

Recreation facilities;

a.

Type, number and size of facilities.

b.

Acreage and type of recreation areas provided.

(11)

If applicable, a Hazardous Materials Management Plan is to be provided.

(B)

Site Plan Drawings. The following information is to be provided on site plan drawings;

(1)

Project name.

(2)

Project developer.

(3)

Project planner and his signature.

(4)

Date.

(5)

North arrow.

(6)

Scale.

(7)

Site dimensions.

(8)

Topographic survey with minimum 0.5 foot contours or spot elevations including the location of wet areas and general type and locations of existing vegetation. Variations from this requirement may be made by the Zoning Administrator if warranted.

(9)

Phase boundaries, if applicable.

(10)

Building identification.

(11)

Building dimensions.

(12)

Building statistics:

a.

Number of dwelling units, if residential;

b.

Square feet, if nonresidential.

(13)

Building height in feet and stories.

(14)

Finished floor elevations.

(15)

Building space:

a.

Spacing between buildings;

b.

Spacing between buildings and property lines;

c.

Required base building setbacks from roads or streets.

(16)

Parking lots and loading areas:

a.

Locations;

b.

Dimensions.

(17)

Public and private access roads, easements, and rights-of-way where applicable, including those adjacent to the site:

a.

Locations;

b.

Dimensions;

(18)

Plans for recreation facilities, if any:

a.

Locations:

b.

Dimensions;

c.

Facility type.

(19)

Accessory structures and special use areas, if any:

a.

Locations;

b.

Dimensions;

c.

Types of special uses.

(20)

The location and type of all facilities for solid and liquid waste disposal and water supply. Each dumpster enclosure shall be designated on the site plan and measure at least 12-foot by 12-foot in area to accommodate a refuse and a recycling dumpster. See Section 158.232 for refuse collection and recycling requirements and modifications.

(21)

Conceptual drainage information which should include the direction of surface flow, a statement of drainage outfall, the approximate location of all drainage retention areas and major drainage improvements.

(22)

The location, type, and standards to be used in construction of any transportation improvements on public or dedicated rights-of-way such as left turn lanes, deceleration lanes, and traffic control devices.

(23)

Proposed lot lines, if applicable.

(24)

Surrounding land use and zoning.

(25)

Landscape:

a.

Location and details of all required landscaping;

b.

Location and general characteristics of other landscaped areas;

c.

Screens and buffers.

(26)

Architectural plans consistent with the "Citywide Design Standards" manual. Applicants shall submit building elevations and color renderings of exterior elevations that include facade articulation and roof design. Required architectural elements shall be listed and identified on exterior elevation drawings as well proposed colors from approved color chart.

(27)

Fire protection plans including all hydrant locations within one thousand (1,000) feet.

(28)

Overlay Zoning Design drawings (applicable only to designated areas) consistent with Zoning Design Standards.

(29)

Becker Road Overlay District design drawings (applicable only to areas within the Becker Road Corridor) consistent with the Becker Road Overlay District Design Standards.

(30)

Location, area, and type of habitat proposed to be included in preserve areas.

(31)

Location, area, and type of habitat of all wetlands as determined by the SFWMD or ACOE.

(32)

Location of proposed or existing public water supply wells within one thousand (1,000) feet of the site and the location of any wellfield protection zones within two hundred (200) feet of the site.

(33)

Location, amount, type of materials which are regulated as hazardous materials.

(34)

Other information as may be deemed necessary by the Zoning Administrator.

(C)

Electronic copies of all documents shall to be provided.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15; Ord. No. 18-26, § 4, 5-29-18)

Sec. 158.239. - Detail Plan Approval.

After site plan approval either by the site plan review committee or by City Council, detail plans shall be submitted for approval by the site plan review committee. At the applicant's option, the final detail plans may be submitted for review concurrent with the site plan.

(A)

The following detail plan approvals are required prior to the commencement of any development:

(1)

Drainage construction plans, specifications, and calculations.

(2)

Paving and road construction plans and specifications.

(3)

Utility construction plans and water and sewer.

(4)

Clearing plans.

(5)

Grading and excavation plans.

(6)

Plans for all signs.

(7)

Final landscaping plan.

(B)

Detail plans may be approved, approved with conditions or denied by the site plan review committee, pursuant to subsection 158.237(A).

(C)

Appeal of a decision of the site plan review committee shall be to the City Council in accordance with the provisions for appeal set forth within this chapter.

(Ord. No. 98-84, § 1, 3-22-99)

Sec. 158.240. - Site Plan Review Fees.

No application for site plan review shall be accepted by the Zoning Administrator unless it is accompanied by a filing fee in the amount established by the City Council to cover the cost of site plan review and processing. The Zoning Administrator may, if in his/her opinion it is necessary, retain consultants to assist in the review of an application for site plan approval. The Zoning Administrator shall use this authority in order to implement requirements for impact review or assessment required in the Comprehensive Plan or in other City Codes or regulations. The Zoning Administrator may also utilize a consultant to resolve technical differences between the applicant and City staff. The cost of retaining the consultants shall be borne by the applicant and the fee shall be submitted to the Zoning Administrator prior to any further action by the City.

(Ord. No. 98-84, § 1, 3-22-99)

Sec. 158.241. - Site Plan and Related Graphic Materials to be Prepared by Qualified Professional Persons or Firms.

All plans, maps, and other graphic materials relating to the project site and design elements shall be prepared by a registered surveyor, registered State engineer, architect, land planner, or landscape architect as may be appropriate to the particular item.

(Ord. No. 98-84, § 1, 3-22-99)

Sec. 158.242. - Compliance With Approved Site Plan Before Permits are Issued.

No development permit for construction shall be issued until and unless the proposed construction is found to be in full compliance with an approved site plan. No certificate of occupancy shall be issued until and unless the Zoning Administrator and City Engineer have inspected the site for full compliance with the approved site plan and have determined in writing to the City building official that all requirements, conditions, and specifications contained in the approved plan have been met.

(Ord. No. 98-84, § 1, 3-22-99)

Sec. 158.243. - Site Plan Review or Special Exception Uses to be Coordinated With Planning and Zoning Board.

Any site plan review of a special exception use requiring the approval of the City Council shall be coordinated with the Planning and Zoning Board, and the review shall comply fully with all conditions, stipulations, and safeguards imposed by the City Council within its approval action.

(Ord. No. 98-84, § 1, 3-22-99)

Sec. 158.244. - Site Plan Approval Termination.

Site plan approval shall terminate three (3) years from approval by the City Council. Any revisions to an approved site plan shall not extend the approval date. If a building permit is not issued before the termination date, a new site plan shall be submitted consistent with section 158.237.

(Ord. No. 98-84, § 1, 3-22-99)

Sec. 158.245. - Site plan approval extension.

An applicant may request an extension to an approved site plan by filing the request in writing to the Zoning Administrator prior to the expiration date of the approved site plan. Failure to apply for an extension prior to the expiration date shall cause the site plan approval to expire without notice on the expiration date. If the request is timely filed, the plan shall remain valid until the request for an extension is acted upon by the City Council; provided, however, that after the initial plan or extension expiration date, no building permit shall be approved until the request for an extension of plan approval is acted upon by the City Council.

All applications for extensions to development timetables must include specific reason(s) why the authorized timetable deadline cannot be met. The request for an extension shall be reviewed by staff to ensure that the proposed extension is in compliance with the current comprehensive plan, Land Development Regulations, and other city requirements. Each extension shall be limited to a maximum period of two (2) years and shall not exceed 4 years in total.

(Ord. No. 15-85, § 1, 12-7-15)

Sec. 158.246. - Post disaster redevelopment site plan approvals.

In the event of a disaster, and to expedite redevelopment, the City Council may designate a particular area of the City for which site plan approvals may be reviewed and approved administratively by the site plan review committee without Planning and Zoning Board or City Council authorization. For such an event, the Zoning Administrator will prepare and present a map and recommendation which outlines a proposed boundary for approval by the City Council. At a public hearing, the City Council shall have authority to take one (1) of the following actions regarding the proposal:

(A)

Accept or modify the proposed boundary and authorize such administrative site plan approvals for a specified period of time. The City Council may also establish such procedures only for a designated project size if determined this is in the best interest of the City.

(B)

Reject the proposal and direct staff to study the area with the intent of forming a redevelopment plan and associated Comprehensive Plan land use changes to limit infrastructure and development within such designated high hazard area. In this case, the City Council should establish a development moratorium for a designated period of time within a particular area while development plans are designed.

(C)

Authorize a combination of (A) and (B) as noted above.

(D)

Reject the proposed boundary and require existing procedures to be followed.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

Editor's note— Ord. No. 15-85, § 1, adopted December 7, 2015, set out provisions enacting a new § 158.245; renumbering the existing § 158.245 as 158.246; and amending said § 158.246 to read as set out herein.