This division establishes a concept plan and site plan review process for all development proposed in the city. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with the comprehensive plan and other appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, coverage, and other utilities and services. In this section, the individual determined to be director of community and economic development at the time of adoption, or subsequent appointed staff member of similar title, shall be herein referred to as the "administrative official."
(2006 Code, sec. 86-191; Ordinance 04-05-610, sec. 12.1, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
(a) 
Approval of a Concept Plan shall be required in connection with any request for zoning to any zoning change in the city except for specific use permits (SUP) and amendments to planned development districts whereby a concept plan exists, and unless such zoning request is upon the application of the city. If a planned development is amended and no concept plan exists, a concept plan shall be required to be created and established.
Prior to construction on a site, a site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multifamily residential projects and structures, and for any planned development district (to fulfill what is shown on an adopted concept plan) or specific use permit whereby new construction is to occur as a result of this SUP. Authorized nonresidential structures within a residential zoning district are subject to the site plan review and approval requirements of this division.
(b) 
No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city.
(2006 Code, sec. 86-192; Ordinance 04-05-610, sec. 12.2, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
Site plan review shall not be required for single-family residential developments, unless the proposed subdivision will include a private amenity, facility or a golf course. In these instances, site plan submission and approval will be required for the private amenity or facility, or the golf course clubhouse/hospitality area.
(2006 Code, sec. 86-193; Ordinance 04-05-610, sec. 12.3, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
Application/formal submittal. A written application for concept plan or site plan approval shall be filed with the administrative official on forms prepared by the city, together with all required documents, such as studies, drawings, exhibits, or other ordinance requirements, in sufficient size and number as required by the most current submittal policies, and any reasonable information requested by the administrative official to assist the city in its review of the application. The application shall be signed by the owner, lessee, developer or option holder of the property. Any concept plan or site plan application submitted after a submittal deadline has passed will be processed at the next applicable submittal deadline. An application will not be advertised for public hearing nor forwarded to the planning and zoning commission and the city council for action until it meets the criteria of a formal submittal. An application for concept plan or site plan approval shall be comprised of the following:
(1) 
An application form, provided by the city, with notarized signatures of the owner or their designated representative if the applicant is not the owner of the subject property.
(2) 
Appropriate filing fee, as set forth in the currently adopted city fee schedule.
(3) 
Verification that all taxes and assessments on the subject property have been paid (see section 30.02.225).
(4) 
Copies of the concept plan or site plan and all supporting documents described herein with the number and size of submissions to be determined by the administrative official. Digital files may be permitted in lieu of physical copies with approval from the administrative official.
(2006 Code, sec. 86-194; Ordinance 04-05-610, sec. 12.4, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
No person who owes delinquent taxes, fees, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the city, and which are directly attributable to a piece of property shall be allowed to submit an application for concept plan or site plan approval until the taxes, fees, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully paid, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, debts and obligations have been paid.
(2006 Code, sec. 86-195; Ordinance 04-05-610, sec. 12.5, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
(a) 
Submissions shall be in accordance with the adopted submittal calendar maintained by the community development department.
(b) 
Concept plan and site plan applications which do not include all required information and materials, as outlined in this division and per other city development review policies which may change from time to time, will be considered incomplete, and shall not be accepted for official submission by the city; therefore, the application shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff.
(2006 Code, sec. 86-196; Ordinance 04-05-610, sec. 12.6, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
The city's staff may require other information and data for specific concept plans/site plans. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, materials sample board, and similar information. Approval of a concept plan or site plan may establish conditions for construction based upon such information.
(2006 Code, sec. 86-197; Ordinance 04-05-610, sec. 12.7, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
(a) 
Concept plans.
(1) 
Content of a concept plan.
A concept plan shall include all of the following information in graphic representation or written documents as appropriate, and shall be prepared by a registered architect, registered engineer, registered surveyor, or a registered landscape architect:
(A) 
North arrow, graphic and written scale in close proximity.
(B) 
Vicinity map indicating the area in which the property is located.
(C) 
Appropriate title, i.e., "CONCEPT PLAN FOR _____."
(D) 
Title includes project name, city, county, state.
(E) 
Title includes gross acreage and date of preparation.
(F) 
Provide name and address of owner and/or applicant.
(G) 
Provide name, address, and phone number of consultant who prepared the plan.
(H) 
Legal description and a survey or plat certified by a registered professional land surveyor showing boundary dimensions, bearings, and existing easements.
(I) 
Label the existing zoning of the property, the existing land use, the proposed land use designation, and any proposed zoning.
(J) 
Adjacent tracts labeled with existing zoning and proposed and/or current land use designation (L.U.D.). Owner's name is required to be shown on nonresidential properties.
(K) 
Conceptual representation of proposed use(s) and generalized representation of proposed improvements.
(L) 
Conceptual representation of points of connection to public rights-of-way.
(M) 
Approximate extent of existing tree cover.
(N) 
Label all required bufferyards as to type and width.
(O) 
Computation of proposed number of dwelling units.
(P) 
Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the development. Such plan when required should include screening walls, ornamental planting, lawns and gardens, playgrounds, and wooded areas that are to be retained.
(Q) 
Other information the applicant and/or owner might wish to include.
(R) 
Such other information as may reasonably be required by the city staff, planning and zoning commission, or the city council. The concept plan shall conform to the master plan of the city.
(2) 
Effect of a concept plan.
All subsequent site plans shall substantially conform to the concept plan approved with the zoning application. If, in the opinion of the administrative official, the site plan or development plan does not substantially conform to the concept plan approved by the city council, the applicant shall seek approval of the revised concept plan. Approval of these plans shall be within the authority of the city council upon a recommendation by the planning and zoning commission.
(3) 
Purpose.
The purpose of a concept plan is to allow opportunity for the planning and zoning commission and the city council to preview various development-related aspects of the project, including proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; building orientation and massing; conformance to the comprehensive plan, this chapter (zoning), chapter 28 (subdivisions), future land use plan, thoroughfare plan and other applicable plans and guidelines; and the property's relationship to adjoining subdivisions or properties. Review of a concept plan would also assist the city in evaluation of the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities and protecting the general health, safety and welfare of the community.
(4) 
Extent of area to be included in concept plan.
When the overall development project is to be developed in phases, the concept plan area shall include the entire zoned property from which the phases are being developed, as well as an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items to be shown on a concept plan, the plan may include a smaller study area. Boundaries such as major thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area.
(5) 
Effect of review.
The concept plan shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities or services that will be needed to serve the proposed development. Any proposed use or development depicted on the concept plan shall not be deemed formal authorization or approval by the city until a final site plan is approved for the development. If the applicant chooses to construct only the initial phase of a multi-phase project designated in the concept plan, a new concept plan may be required for site plan approval of subsequent phases, if the proposed development layout, character, or other conditions affecting the development substantially change from one phase to the next. The approved concept plan shall be valid for a period of six months from the date of concept plan approval by city council, unless approved with a planned development, wherein the concept plan is permanent.
(b) 
Site plans.
(1) 
Content of a site plan.
The following criteria is a comprehensive list of site plan requirements. The administrative official reserves the right to waive any required standard if not applicable to the application.
(A) 
Acceptable scale: 1"=20', 1"=40', 1"=100' or as approved. North arrow, graphic and written scale in close proximity.
(B) 
Small scale location map shown.
(C) 
Title includes appropriate title (i.e., "site plan," "development plan"), name of development or platted lot and block designation, city, county and state, date of preparation.
(D) 
Name and address of owner.
(E) 
Name, address and phone number of firm preparing the plan.
(F) 
Metes and bounds labeled on property boundary.
(G) 
R.O.W. on or adjacent to the site labeled and dimensioned, adjacent street widths shown.
(H) 
Adjacent property labeled with existing zoning, and land use map designation. Owners name required to be shown on nonresidential properties.
(I) 
The width and type of proposed bufferyard must be labeled.
(J) 
Designation of the location and size of all points of ingress/egress to the site.
(K) 
All pedestrian walks, malls and open areas for use by tenants or the public.
(L) 
The location, type and height of all walls, fences, and screening devices.
(M) 
Site data summary chart (by phase and in total) to include the following items:
(i) 
Existing zoning of this tract and any proposed zoning.
(ii) 
Gross acreage and net acreage of the project.
(iii) 
Number of proposed lots.
(iv) 
Residential density.
(v) 
Percentage of site coverage.
(vi) 
Anticipated schedule of development.
(vii) 
Parking and loading spaces required and provided.
(viii) 
Area of open space.
(ix) 
Open space as a percentage.
(x) 
Outside storage as a percentage.
(N) 
Show the following related to existing or proposed buildings:
(i) 
Location, dimensions, maximum height, number of stories, use or uses contained therein, gross floor area.
(ii) 
Square footage broken down by use.
(iii) 
Entrances and exits to buildings.
(iv) 
Architectural renderings or elevations of the proposed structures.
(v) 
Distance between buildings and distance from building to property lines.
(O) 
Related to parking requirements:
(i) 
Clear designation of all parking stalls intended for off-street parking and for off-street loading.
(ii) 
Dimensions of such parking and loading areas.
(iii) 
Type of surface material.
(iv) 
Any intended lighting shown.
(P) 
Front building lines shown. Rear and side building lines shown.
(Q) 
Location, size, height, type and orientation of signs, lighting luminaries and exterior auditory speakers. The applicant shall also provide representative renderings of the particular sign types, facings, material compositions and colors.
(R) 
The location of all on-site facilities for liquid and solid waste temporary storage pending disposal.
(S) 
Location of all trash dumpsters.
(T) 
The types of surfacing, such as paving (for example, asphalt, concrete, brick), turfing or gravel, to be used at the various locations.
(U) 
Easements on or adjacent to the site labeled and dimensioned.
(V) 
Nearest fire hydrant dimensioned to property corner and any proposed fire hydrants shown.
(W) 
The fire lane width must be designated with all curb radii adjacent to the fire lane labeled.
(X) 
The proposed finished grade of the site, shown to contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Included must be directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show center line of water courses and existing drainage easements.
(Y) 
A summary chart showing all proposed variances to the closest zoning district in which the proposed use(s) would be allowed. This should show the referenced zoning district, the existing requirements and the proposed variance.
(Z) 
Intended category of uses labeled.
(AA) 
Show any areas intended for outside storage and method of screening.
(BB) 
A concept plan for any proposed interior and exterior fencing, entry features, and streetscape improvements.
(CC) 
A landscape concept plan for all proposed retention/detention areas including the general schematics for all proposed landscaping, aesthetic treatments, and pedestrian amenities.
(DD) 
For all developments proposing any public or private open space, an open space management plan.
(EE) 
A color-coded landscape plan meeting the requirements of this division.
(2) 
Applicability and purpose.
The purpose of final site plan approval is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction. Approval of the site plan, construction plat, landscape plan, color building facade and elevation plans, and engineering plans are required prior to site construction.
(3) 
Extent of area that should be included in a site plan.
When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed. Otherwise, the entirety of any development proposed to be developed, should be shown on the plan, as well as immediately surrounding areas as defined in this "content of a site plan" section of this division.
(2006 Code, sec. 86-198; Ordinance 04-05-610, sec. 12.8, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)
(a) 
Pre-application conference.
The applicants should avail themselves of the advice and assistance of the city officials, and should consult early and informally with the city manager, the director of community and economic development, the public works director, the city planner, the city building official, the city fire marshal, the city engineer, and other applicable administrative officers before preparing a concept plan, if required, or a site plan in order to save time, money and to avoid potential unnecessary delays. Prior to formal application for approval of any concept plan or site plan, the applicant shall request and attend a pre-application conference with the director, the city planner, the city building official, the city fire marshal, the city engineer, the public works director, and any other pertinent city officials in order to become familiar with the city's development regulations and the development process. At the pre-application conference, the developer may be represented by their land planner, engineer and/or surveyor.
(b) 
City staff review.
Upon official submission of a complete application for concept plan or site plan approval, the city shall commence technical review of the development proposal by forwarding a copy of the application to development review team members. Development review team members shall review the application and shall ascertain its compliance with these and other applicable city regulations. Following city staff review of the plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the director no later than seven calendar days prior to the planning and zoning commission meeting. Failure to resubmit corrected copies of the plan back to the city no later than seven days before the planning and zoning commission meeting shall be cause for the director to forward the plan application to the commission as it was originally submitted rather than the corrected version. If, upon resubmission of the corrected plan to the city, the director determines that the application is still incomplete or not correct, the plan application shall be subject to denial.
(c) 
Action by the planning and zoning commission and the city council.
All concept plan and site plan applications shall be reviewed by the planning and zoning commission, and if in conformance with the provisions of this chapter and all other applicable regulations and codes of the city, they shall then be considered for approval by the city council in conformance with the procedures set out in section 30.02.153 and the following: The director shall schedule consideration of the concept plan or site plan on the regular (or special) agenda of the planning and zoning commission in conformance with the adopted submittal calendar. The planning and zoning commission shall review the concept plan or site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the concept plan or site plan. If the planning and zoning commission recommends approval of the plan, with or without conditions, it will be forwarded to the city council for consideration. If the planning and zoning commission recommends disapproval of a plan application, the commission shall state such disapproval and the reasons therefor. The applicant or property owner may appeal such a decision to the city council by filing a written notice of appeal in the office of the director, no later than ten calendar days after the date upon which the commission denied the application. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal. The city council shall consider the appeal at a public meeting no later than 30 calendar days after the date upon which the notice of appeal was filed. The city council may change the decision of the commission only by a three-quarters vote of the full city council. The city council may also, where appropriate, remand the concept plan or site plan application back to the commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.). The city council shall determine final approval or disapproval of all concept plan or site plan applications.
(d) 
Administrative action.
On approval of a site plan by the city council, the city staff as appropriate may release all necessary permits or certificates authorized in accordance with all adopted requirements and processes of the city.
(1) 
Subsequent to such approval, minor changes may be authorized by the administrative official, when:
(A) 
Such minor changes will not cause any of the following circumstances to occur:
(i) 
An increase in the ratio of the gross floor areas in structures to the area of any lot;
(ii) 
A reduction in the originally approved separations between buildings on the same lot;
(iii) 
An increase in ground coverage by structures;
(iv) 
A reduction in the ratio of off-street parking and loading space to gross floor area in the structures;
(v) 
An increase the intensity of any variance approved by city council; and
(B) 
If the site plan meets and/or satisfies:
(i) 
All requirements of the ordinances of the city;
(ii) 
All requirements of a planned development if applicable; and
(iii) 
Any approved variances, if applicable.
(2) 
Any proposed amendment to a site plan, previously approved by the planning and zoning commission and the city council, which in the opinion of the administrative official does not meet the criteria of the subsection above may only be approved by the city council after a recommendation by the planning and zoning commission.
(2006 Code, sec. 86-199; Ordinance 04-05-610, sec. 12.9, adopted 5/17/04; Ordinance 25-02-1377 adopted 2/4/2025)