The purpose of this Section is to establish procedures that provide for site plan review and approval procedures. Prior to the commencement of any new construction in any zoning district of the City, including grading, dredging and filling, or infrastructure installation incidental to new construction, and whenever required by other provisions of the ULDR a site plan must be submitted, reviewed and approved by the City pursuant to Section 085-030. Additionally, any proposed development utilizing flexibility or reserve units shall require site plan review and approval.

(Ord. No. 2019-004, § 2, 5-14-19)

No site plan shall be required for the following development:

(A)

For the construction of one single-family residence or one duplex on a lot. Where two (2) or more abutting lots—zoned to allow single-family and/or duplex residences—are under common ownership, a site plan of the entire property shall be submitted prior to issuance of the first building permit, regardless of whether the applicant intends to develop the abutting parcel(s).

(B)

Where the permit is to complete or alter the interior of an existing commercial structure or one for which a site plan has previously been approved but has not expired, provided that such alteration will not increase the required number of parking spaces under applicable regulations.

(Ord. No. 2019-004, § 2, 5-14-19)

(A)

Determination if site plan review required. Prior to issuance of a building permit or a certificate of occupancy, the Community Development Services Director shall determine if site plan review pursuant to the provisions of this Section is required. If site plan review is required, the Community Development Services Director shall notify the applicant of this determination.

(B)

Determination of type of site plan review procedure application. Applications shall be submitted to the Community Development Services Department. The Community Development Services Director, or designee, shall review development applications to determine if they require site plan review or approval as major, minor, or administrative developments. Such determination shall be provided, in writing, to the applicant within four (4) business days after receipt of a completed application. The determination of the Community Development Services Director, or designee, shall be based on the following criteria:

(1)

Major development includes the following:

a.

Any new commercial, residential, industrial or mixed-use development.

b.

Allocation of flexibility, reserve or redevelopment units.

c.

Adding additional square footage or a new structure or building to an existing development, for additions that are not subject to administrative site plan review per Section 085-030(B)(3)(e).

d.

Any development that requires platting and/or replatting, rezoning, variance required to be heard by the Planning and Zoning Board, conditional use approval, or vacation of rights-of-way.

e.

Any development that the Community Development Services Director deems to have the potential to significantly impact the surrounding neighborhood.

f.

Any change to a condition of approval granted by the Planning and Zoning Board.

(2)

Minor development includes the following:

a.

Paint color changes that have been determined to be part of an approved site plan.

b.

Elevation changes that have been determined to be part of an approved site plan, excluding windows and/or doors, as determined by the Community Development Services Director.

c.

Landscape modification to an approved site plan as determined by the Community Development Services Director with a deviation of no more than ten (10) percent of the approved site plan, based on the applicable zoning district.

d.

Addition or relocation of dumpster and/or dumpster enclosure for commercial, multi-family, industrial or mixed-use properties.

e.

City owned parks.

f.

Any development that is deemed by the Community Development Services Director, to be a minor development.

g.

Notwithstanding anything contained herein to the contrary, any change to a condition of approval granted by DRC shall not be deemed a minor development.

(3)

Administrative site plan review shall include all development which is not determined to be a major or minor development, but requires additional administrative review including, but not limited to, the following:

a.

Improvements which include, but are not limited to, adding awnings or canopies for commercial, industrial, or mixed-use properties, or multi-family development.

b.

Addition or elimination of a door and/or window opening to commercial, industrial or mixed-use properties.

c.

Minor elevation changes to an approved site plan as determined by the Community Development Services Director.

d.

Minor landscape modification to an approved site plan as determined by the Community Development Services Director.

e.

Increases or decreases to the square footage of a building of no more than ten (10) percent of existing square footage.

f.

Changes to setbacks that were part of an approved site plan of no more than ten (10) percent of approved setbacks consistent with requirements of applicable zoning district.

g.

Changes to fence material and design.

h.

Any development that is deemed by the Community Development Services Director to require an administrative site plan review.

(C)

Site plan review procedures.

(1)

Major site plan.

a.

The Community Development Services Director, or designee, shall review the application and all support documents for completeness. The Community Development Services Director, or designee, shall notify the applicant within four (4) business days of any deficiencies in the application or support documents and specify what additional requirements are to be met. Once the Community Development Services Director, or the Community Development Services Director's designee, has determined that the application and support documents are complete, the application and support documents shall be distributed to the Development Review Committee.

b.

If the Community Development Services Director, or designee, determines that the application requires a major review, the application shall be forwarded to the Development Review Committee pursuant to Article 130, Division 3 of the ULDR's.

c.

Once the applicant has made all corrections required by the Development Review Committee for a major development, the Community Development Services Director, or designee, will schedule the site plan for the next available Planning and Zoning Board meeting.

d.

The Planning and Zoning Board shall approve, approve with conditions or deny the proposed site plan at a public hearing in accordance with the quasi-judicial procedures of Article 75, based upon the standards for review contained herein, and after considering public input and the Community Development Services Staff Report.

e.

For major site plans involving a rezoning, the Planning and Zoning Board and City Commission shall consider the major site plan application concurrently with the application for rezoning in accordance with the procedures of Article 100, Map Amendments. Once the City Commission adopts the rezoning request, the major site plan request will be heard by the Planning and Zoning Board in which a Development Order shall be issued.

f.

The City shall notify the applicant in writing of its action by delivery of a development order. The Planning and Zoning Board may either approve; approve with any reasonable conditions, limitations or requirements; or deny any application for site plan approval. The Planning and Zoning Board shall issue a written decision which shall be attached to the application for site plan approval. Each consideration substantiating the action of the Planning and Zoning Board shall be included in the decision and shall be provided in writing to the applicant.

g.

Appeal of the Planning and Zoning Board for a major site plan. An Adversely Affected Party may appeal a final order of the Planning and Zoning Board approving, approving with conditions, or denying a major site plan to the City Commission. Any appeal to the City Commission shall be filed within thirty (30) calendar days of the date of written determination of the Planning and Zoning Board. The appeal before the City Commission shall be scheduled within thirty (30) days, or as soon as is reasonably practical thereafter.

(2)

Minor site plan.

a.

The Community Development Services Director, or the Community Development Services Director's designee, shall review the application and all support documents for completeness. The Community Development Services Director, or the Community Development Services Director's designee, shall notify the applicant within four (4) business days of any deficiencies in the application or support documents and specify what additional requirements are to be met. Once the Community Development Services Director, or the Community Development Services Director's designee, has determined that the application and support documents are complete, the application and support documents shall be distributed to the Development Review Committee.

b.

Mail notice requirements for minor site plans. The owners of all lands under consideration for approval of a minor site plan and the owners of all lands within the City lying within three hundred (300) feet of the exterior boundaries of the application subject site shall be notified by the applicant, at the applicant's cost, of the application and of the Development Review Committee meeting at which the application will be considered. In addition, if any property within the three hundred (300) foot radius is within an adjacent municipality, the clerk of such municipality shall receive similar notice of the application. In the event the notification area includes land declared to be a condominium under F.S. Ch. 718, as may be amended from time to time, then notice to the condominium association shall constitute sufficient notice. Such notices shall be sent by regular first-class mail, to the persons shown upon the current tax rolls of Broward County to be the respective owners. Proof of mailing through a "certificate of mailing", or other means acceptable to the Community Development Services Director, shall be provided prior to the Development Review Committee meeting.

c.

If the Community Development Services Director, or designee, determines that the application requires a minor review, the application shall be forwarded to the Development Review Committee pursuant to Article 130, Division 3 of the ULDR's. The Community Development Services Director shall consider and act on site plan review applications for minor developments following review by the City's Development Review Committee. The Community Development Services Director may either approve; approve with any conditions, limitations or requirements; deny; or postpone consideration of any application pending submittal of additional information which may be required to make a determination based upon the recommendation of the Development Review Committee. The Community Development Services Director shall issue a written decision which shall be attached to the application for site plan approval. Each consideration substantiating the action of the Development Review Committee shall be included in the decision.

d.

Appeal of the Development Review Committee/Community Development Services Director for a minor site plan. An Adversely Affected Party may appeal a final order of the Development Review Committee/Community Development Services Director approving, approving with conditions, or denying a minor site plan to the Planning and Zoning Board. Any appeal to the Planning and Zoning Board shall be filed within thirty (30) calendar days of the date of written determination of the Community Development Services Director.

e.

Once an applicant is scheduled for a Development Review Committee meeting, responses to comments provided by the Development Review Committee members shall be submitted no later than sixty (60) days after the date of the Development Review Committee meeting. Responses to comments include addressing each comment provided in writing and revised plans. Once the responses to comments have been submitted to the Community Development Services Department, a Development Review Committee meeting will be scheduled. If there is no activity or response to Development Review Committee comments after sixty-one (61) days from the date of the prior Development Review Committee meeting, the application is deemed to be withdrawn. The Community Development Services Director, or the Community Development Services Director's designee, shall provide a written confirmation to the applicant.

(3)

Administrative Site Plan Review Procedures.

a.

The Community Development Services Director, or designee, shall review the application and all support documents for completeness. The Community Development Services Director, or designee, shall notify the applicant within four (4) business days of any deficiencies in the application or support documents and specify what additional requirements are to be met.

b.

Notice requirements for administrative review of site plan. Applicant must provide letters from abutting properties owners of the parcel subject to administrative site plan review.

c.

Once the Community Development Services Director, or designee, has determined that the application and support documents are complete, the Community Development Services Director will review the application to determine whether the application is a major, minor, or requires an administrative site plan review.

d.

If the Community Development Services Director determines that the application requires an administrative site plan review, the application will be reviewed by the Community Development Services Director for consistency with the ULDR within sixteen (16) business days.

e.

The Community Development Services Director may either approve; approve with any conditions, limitations or requirements; deny; or refer the application to the Development Review Committee and/or the Planning and Zoning Board.

f.

Appeal of the Community Development Services Director administrative site plan review. An Adversely Affected Party may appeal a final order of the Community Development Services Director approving, approving with conditions, or denying administrative site plan review to the Planning and Zoning Board. Any appeal to the Planning and Zoning Board shall be filed within thirty (30) calendar days of the date of written determination of the Community Development Services Director along with applicable fees as provided for in the Community Development Services Fee Schedule, as amended from time to time.

(4)

Expiration of minor and major site plans. All minor and major site plans approved pursuant to this Section shall expire one year from date of final approval by the Community Development Services Director, Planning and Zoning Board or City Commission, as applicable, which expiration shall automatically occur without further notice to the applicant for whom said site plan was approved unless a City building permit is secured and maintained pursuant to the approved site plan. It is further provided that up to two (2) renewal(s) for an additional six (6) month period per renewal may be obtained upon proper application within thirty (30) calendar days prior to expiration(s) and payment of one-half (½) of the filing fee that would be required if submitted as a new site plan, providing that the site plan shall be in compliance with any provision of the Code of Ordinances of the City of Wilton Manors or ULDR which shall have been enacted since the original minor or major site plan approval.

(5)

Expiration of administrative site plan review. The expiration date of a site plan approved by the Planning and Zoning Board and/or the Development Review Committee will not change based on an administrative site plan review.

(Ord. No. 2019-004, § 2, 5-14-19; Ord. No. 2021-014, § 2, 11-9-21; Ord. No. 2022-004, § 2, 5-10-22)

This Section is supplemental to the application submission and processing requirement, including the requirement for a preapplication process, of Section 065-020.

(A)

The following Items shall accompany the site plan application, as applicable, in a quantity of three (3) paper copies and one copy in electronic format (PDF). The Community Development Services Director may waive particular submittal items upon a determination that such items are not applicable to a specific project.

(1)

Boundary surveys must be certified, signed, and sealed and prepared current to within thirty (30) days; in lieu thereof, the City may accept a boundary survey, certified, signed, and sealed along with an Affidavit from the property owner that there has not been any improvement or alteration to the property as reflected in the survey since the date of the survey;

(2)

A Title Policy, Title Commitment, Opinion of Title or Property Information Report, as mandated by the Community Development Services Director or the Community Development Services Director's designee, current to within thirty (30) days must be shown on all Surveys, including date, policy number, issuer's name, address and the disposition of all B-II encumbrances, Title information must be kept current throughout the entire approval process;

(3)

One topographic survey certified by a surveyor and mapper registered in the State of Florida, with elevations provided on a one hundred (100) foot grid, including natural features and improvements and their current use, top of bank and edge of water for all water bodies and water courses, the location of utility lines within and adjacent to the site, right-of-way width and dedication information, pavement location and width, and all easements of record;

(4)

One tree survey;

(5)

One copy of a recorded plat, if the property has been platted. The plat shall be recorded in the official records of Broward County after June 4, 1953, with the following exceptions:

a.

The City by written agreement may allow building permits to be issued after plat approval and before recordation, provided no certificate of occupancy is issued prior to recordation;

b.

Site grading, dredging and filling, and infrastructure construction incidental to new construction shall not require a recorded plat provided the plat has been reviewed and approved by the City Commission and Broward County Commission;

(6)

Draft of any required or proposed restrictive covenants, written sureties, and common area maintenance association documents, including those for the preservation of common open space areas; grants of easement for access, drainage, utilities or other purpose; unity of title; or other restrictions to be imposed upon the use of the land and buildings;

(7)

Site plans, including all information required in Subsection B, below, folded and bound together in separate plan sets with a cover sheet indicating plan sheet numbers. The overall size of plans shall be twenty-four (24) inches by thirty-six (36) inches drawn at a scale no smaller than one inch equals twenty (20) feet, except when a smaller scale is approved by the Community Development Services Director. All plans shall be prepared by and signed and sealed by professional land surveyors, engineers, architects, landscape architects, or other appropriate professionals as determined by Florida Law, who are licensed and registered in the State of Florida.

(8)

The applicant shall prove their financial ability to complete the project. This should be demonstrated by the following: An estimate of the overall cost of the project, proposed sources of financing, financial statement of the applicant, banking references, and/or any other information that will enable the City of Wilton Manors to determine that the applicant is financially competent to complete the project.

(9)

A signed and sealed flood elevation certificate current to within thirty (30) days.

(B)

All site plans shall contain the following and any other information necessary to demonstrate compliance with all requirements of the ULDR. The Community Development Services Director may waive particular submittal items upon a determination that such items are not applicable to a specific project:

(1)

The proposed title of the project and the name of the professionals who prepared each plan, including engineer, architect, landscape architect and the developer;

(2)

The north arrow, scale and date;

(3)

Existing zoning of the subject site and adjacent properties;

(4)

Proposed changes in zoning to the applicant property, if any;

(5)

Adjacent land uses and buildings, including use and number of floors, dimensioned to property line of subject site;

(6)

Legal description;

(7)

Location sketch of subject property in relation to surrounding area;

(8)

Site boundaries clearly identified, dimensioned, and tied to section corners;

(9)

Existing features (trees, water, structures) including topography, roadways, and use areas;

(10)

Locations and dimensions of all existing and proposed rights-of-way and dedications, including ultimate right-of-way lines (if applicable), easements, property lines, streets, buildings, watercourses and water bodies, pedestrian areas, and other existing physical features in or adjoining the project;

(11)

The location and dimensions of proposed setback lines;

(12)

The location and dimensions of proposed reservations for parks, playgrounds, open spaces and other common areas;

(13)

The location, dimensions and character of construction, including bearings, centerline dimensions and curve data of proposed street alleys, driveways and grading plans;

(14)

The location, dimensions and character of construction of proposed curb cuts, entrances and exits, parking and loading areas (including number of parking spaces and loading spaces), pedestrian use areas, and vehicular use areas;

(15)

Photometric plan;

(16)

Location and dimensions of all proposed buildings, excavations, and structures to lot lines and to each other;

(17)

Conceptual preliminary drainage plans and statement of proposed drainage systems and methods;

(18)

Typical trash and garbage disposal and recycling system, including typical enclosure details and the location of each;

(19)

Separate landscape plan prepared in accordance with Section 150-190;

(20)

Location, character, size, height and orientation of proposed signs, including building signage details shown on plan elevations;

(21)

All existing and proposed pedestrian walkways and bicycle paths;

(22)

Existing and proposed public transit routes, bus shelter locations and easements for such shelters, and proposed layout of rights-of-way, if necessary;

(23)

Proposed building floor plans and architectural elevations, including building height and finished floor elevations;

(24)

Type and location of mail receptacles;

(25)

Conceptual utilities plan, including all underground and above-ground improvements;

(26)

The following computations:

a.

Total gross and net acreage;

b.

Proposed net and gross density, and number of dwelling units for site plans with residential components;

c.

Total existing and proposed square footage of buildings and breakdowns by floor, use type, bay or tenant space, and dwelling unit, including required and provided minimum floor areas;

d.

Area devoted to vehicular use areas (roadways, aisles, parking);

e.

Gross project area allocated for common open space;

f.

Plot coverage by roofed structures;

g.

Pervious and impervious surface area, also expressed as a percentage of the site area;

h.

Number of required and provided parking spaces including handicapped, and any spaces devoted to attendant parking if permitted;

i.

Minimum lot area, width and depth required and provided;

j.

Minimum yard setbacks or specific build-to lines required and provided;

k.

Maximum and minimum (if applicable) required and proposed building height;

l.

Minimum floor area required;

m.

Adjacent zoning and existing land uses.

(27)

Traffic circulation and pavement marking plan (may be shown on site plan sheets);

(28)

Phasing plan, if applicable, with beginning and ending time frames of construction of the entire project and beginning and ending time frames for all phases of the project;

(29)

For properties under consideration for rezoning to planned unit development (PUD), a PUD document detailing development standards and criteria (i.e., building height, setbacks, density, lot area, landscaping, parking, open space, lot coverage, sign regulations, etc.);

(30)

If necessary, written authorization to reproduce any documents accompanying site plan submittals from the applicant, agent, architect, landscape architect, engineer, attorney, etc.

(31)

Shadow Study or Shade Study demonstrating how the proposed development will cast its shadow and demonstrate any potential impacts on neighboring properties, parks, plazas, sidewalks, or other open spaces; and if impacted, how the shadow will be mitigated. Shadow Study must be prepared by professional land surveyors, engineers, architects, landscape architects, or other appropriate professionals. A shadow study or shade study must be provided for proposed buildings of more than three (3) stories.

a.

Submittal requirements:

1.

Provide sketch, 2D map, 3D map, aerial photos and/or a combination thereof.

2.

Analysis shall be conducted for the following dates and times (Eastern standard time) with and without proposed building:

A.

Winter Solstice — Typically on December 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

B.

Summer Solstice — Typically on June 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

C.

Vernal Equinox — Typically on March 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

D.

Autumnal Equinox — Typically on September 21 (1.5 hours after sunrise, solar noon, 3:00 p.m., and 1.5 hours before sunset).

3.

A letter prepared by a professional land surveyor, engineer, architect, landscape architect, or other appropriate professional summarizing impacts of proposed development and any measures that will be taken to mitigate these impacts.

4.

The shadow drawings and analysis shall be prepared by qualified professionals and persons with experience in this field.

b.

Mitigation options can include the following in addition to recommendations by a professional land surveyor, engineer, architect, landscape architect, or other appropriate professional:

1.

The reorientation of building and/or structure to avoid long periods of shadows on adjacent residential uses.

2.

Orientate building and/or structure to shade pedestrian areas during hottest times of the day.

3.

Where possible, reorientation of the sun sensitive uses.

4.

Incorporation of architectural design techniques and/or reflective facade materials to increase available light.

5.

Massing adjustments including but not limited to, additional setbacks and step backs.

6.

Building placement and orientation.

(32)

Traffic Study or Statement assessing the proposed development's vehicular, pedestrian and bicycle access; on-site circulation; parking; any proposed roadway or easement vacations or road closures, whether permanent or temporary for construction purposes; and off-site roadway impacts, including those within adjacent neighborhoods. The Traffic Study or Statement shall also identify proposed mitigation for to the development's vehicular, pedestrian and bicycle access; on-site circulation; parking; any proposed roadway or easement vacations or road closures, whether permanent or temporary for construction purposes; and off-site roadway impacts, including those within adjacent neighborhoods.

(Ord. No. 2019-004, § 2, 5-14-19; Ord. No. 2021-014, § 2, 11-9-21)

The site development plan shall conform to all applicable provisions of the ULDR, Comprehensive Plan, and City codes.

(Ord. No. 2019-004, § 2, 5-14-19)