Loading...
10.4 SR 02-07-2022Request for Action To Item Number Mayor and City Council =10.4 Agenda Section Meeting Date Prepared by General Business February-? 2022 Zack Carlton, Planning Manager Item Description Reviewed by Ordinance Amendment: Outline Administrative Cal Portner, City Administrator Reviewed by Review Process Action Requested Discuss an ordinance amendment outlining the administrative review process for permitted uses. Background/Discussion The city's zoning ordinance outlines Permitted, Accessory, and Conditional uses for the various zoning districts in the community. Ordinance further describes numerous performance standards for the different uses — setbacks, parking standards, landscaping, fencing, etc. Staff reviews projects based on the standards outlined in the ordinance and in the case of Conditional Uses, processes a Conditional Use Permit (CUP) which is then reviewed by the Planning Commission and approved by the City Council. That process is clearly outlined in the ordinance and on the corresponding CUP application. However, the ordinance is not as clear when it comes to permitted uses. The city's authority to review a permitted use based on the standards outlined in the ordinance is clearly stated in Secs. 30-602 and 30-604, but the process for that review is not as clear as it should be. Staff is seeking Council direction to draft an ordinance outlining the administrative review process for permitted uses allowed under the ordinance. The review would not require Planning Commission or Council approval and would remain as a staff level review. The ordinance would not create an additional burden or roadblock for an applicant, rather the goal is to clearly spell out the development review process for permitted multi -family, commercial, and industrial uses. Planning Commission The Commission reviewed the attached ordinance examples and unanimously recommended an ordinance amendment outlining the administrative review process. The ordinance will specify that this process applies to permitted commercial, industrial, and multi -family uses. Single-family permits will continue to be processed with a building permit application. The Commission recommended keeping final approval for these permitted uses at the staff level rather than requiring approval from the Planning Commission and City Council. It was noted that the administrative review process is based on the adopted ordinance which has already been approved by the Planning Commission and Council. The Elk River Vision A nelcoming community nvith revolutionary and spirited resourcefulness, exceptional service, p Q w E A E u e T and community engagement that encourages and inspires prosperity ,� g /� Should Council support the ordinance amendment, staff will publish a public hearing notice for the February 18, 2022, Council meeting. Financial Impact None Attachments ■ Ramsey Ordinance Example (Requires PC and CC review) ■ Maple Grove Ordinance Example (Staff review and approval) N:\Public Bodies\Agenda Packets\02-07-2022\Fina1\x10.4 sr Administrative Review.docx Sec. 117-54. - Site plan review. 1?02.M5ef (a) Required,- policy. (1) It is the policy of the city to preserve and promote attractive, stable residential, business and industrial environments through the construction of quality projects and developments. No structure or land shall be used or change uses, occupied, erected, constructed, reconstructed, moved or structurally altered except in conformity with the following specifications for the zoning district in which it is located. (2) Site plan reviews are required for all proposed multiple -family dwellings (three or more units), mobile home parks, commercial and industrial developments, and all proposed developments within the Floodplain, Scenic Rivers, and Environmental Protection and Critical Rivers Overlay Districts. In additlon, site plan reviews shall be specifically required prior to the issuance of a conditional use permit in any commercial or industrial zone. (b) Required site plan information. An application for the site plan/building design approval shall be initiated by the owner or their authorized agent filing a form prescribed by the city. The application shall be submitted to the zoning administrator along with a nonrefundable application fee and escrow deposit. This escrow deposit shall be used to defray the expenses of the city's professional staff in their review of said plan. If this deposit is not sufficient to cover expenses incurred by the city in the review of the plan, additional moneys will be required prior to final action on the application. If after final action on the application and plan, a surplus balance remains in the city's accounts, this surplus shall be refunded to the applicant. (1) Information required. a. Type of use and type of building construction, proposed name, legal description and property address; b. Name and address of owner of land, and of engineer and/or architect preparing the plans; c. A property survey certified by a registered land surveyor; d. The number of employees expected to work at the site; e. A site plan accurately scaled and dimensioned specifically showing the location of all buildings; f. A topographical map of the site; g. The building design plan must be certified by an architect or engineer registered in the state, certifying that the design of the building has been prepared under their direct supervision; h. Present use of the subject property and the present use of all directly adjacent parcels; i. Location of all existing structures and improvements on the property; and j. Location of significant historical and natural features, including but not limited to wetlands, lakes, rivers, ditches and woodlands. (2) Submittal information. The site plan/building design application shall show provisions for the following improvements that shall be constructed in accordance with the relevant criteria prescribed herein: a. Landscape plan, including any buffer areas, screening, existing trees to be preserved and new plantings; b. Location and site of any on -site septic system, plus area for two additional systems; c. Site access; d. Loading docks; e. Exterior lighting locations, specifications and diagrams of lighting fixtures for the building, parking areas and site in general; f. Bituminous or concrete surfaces and curbing; g. Exterior building elevations; h. Waste storage area location and construction materials; i. Site drainage; j. A topographical map and grading plan; k. Off-street parking and outside storage or display areas; I. Calculations of projected water usage using state pollution control agency and/or state department of health guidelines; m. Color rendering and when requested by the city, colored material samples; and n. Traffic generation analysis or study as determined necessary by the city. (c) Zoning administrator review. (1) The applicant shall submit the application materials for the proposed project to the zoning administrator at least 30 days prior to a regular planning commission meeting. The application materials shall consist of the following; a. Completed site plan application; b. Application fee and escrow deposit, in an amount as determined from time to time by ordinance; c. Information as required by section 117-52(a); and d. Any other information determined necessary by the city. (2) The planning commission shall review the site plan submittal. After said review, the planning commission shall make a recommendation for approval, denial, or modification to the council. The planning commission shall draft findings of fact to support a recommendation of denial. (3) The council shall review the site plan submittal and either approve the site plan or adopt findings of fact and deny the application. The council may, as a condition of approval, require certain additional conditions in the proposed development permit. (d) Development permit. (1) Following site plan approval and prior to construction of any required site improvements, the applicant shall enter into a development permit with the city. This permit shall require the applicant to construct all improvements on the site at the applicant's sole expense, unless otherwise approved by city council, and in accordance with city plans and specifications. The developer shall sign the permit and deposit any required escrow with the city prior to receipt of any building permits and will complete all improvements permitted by the development permit within one year of the date of site plan approval unless otherwise approved by council. Thereafter, the council may extend the period upon written application by the developer, subject to applicable performance conditions and requirements, or the council may require submission of a new site plan application. (2) Said contract shall reaffirm that the city will be reimbursed for all costs incurred by the city for processing and administration of the application. (3) To ensure that the site is developed in accord with the approved plans and city specifications, the applicant shall provide a cash escrow, certificate of deposit, letter of credit from an acceptable financial institution, performance bond, or pledge and payment. The financial security shall be in an amount which equals 150 percent of the estimated construction cost of all required city improvements (as estimated by the city engineer) as outlined in this chapter exclusive of the cost of the actual building to be constructed on the site. The financial security required herein may be used by the city to install or complete any of the city's required on -site improvements in the event the applicant fails to do so. Upon request by the applicant, the city may release the financial security in partial payments on a pro rata basis as the various on -site improvements are completed to the satisfaction of the city engineer. Upon final approval by the city engineer certifying that all on -site improvements have been completed in accordance with the development agreement and city standards, the remaining financial security shall be released to the applicant. The permit shall also provide that it is binding on all heirs, assigns, and successors of the applicant. A copy of the permit shall be kept on file as part of the permanent record of the site. (e) Exceptions. (1) Administrative site plan review. Expansion of an existing commercial or industrial building that meets all minimum standards of the applicable zoning district and matches and/or complements the exterior design, materials and treatments of the existing building shall be exempt from the standard site plan review process and rather be reviewed as part of the standard building permit review process. a. Submittal information shall be the same as outlined in subsections (b)(1) and (2) above. b. An applicant shall provide evidence or copies of applicable permits from outside agencies prior to issuance of the building permit. c. The size of the cumulative expansions shall not exceed the size that of the original building approved by the full site plan review process outlined above. (Code 1978, § 9.03.08; Ord. No. 73-05, 5-21-1973; Ord. No. 86-2, 8-25-1986; Ord. No. 03-20, 8-25-2003; Ord. No. 15-02, § 2, 2- 10-2015) Sec. 36-82. - General requirements. Aor, 6ro u (a) Application for approval. An application for site plan approval must be filed with the city for all developments ,except for single-family detached and two-family dwellings, development within a PUD, and public trails, playlots, neighborhood parks, and playfields) within the city. Such application shall be filed with the director of community development on an official application form and shall be accompanied by a nonrefundable fee and any surety, escrow, or deposit as provided for by the city council as set forth in chapter 16. article XI. Formal review and approval of the plans must be given by the city staff before any related site development can be pursued. (b) Ownership ofproperty. An application for a site plan approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a whole. In the case of multiple ownership, the approved final plan shall be binding on all owners. (c) Consistency with comprehensive plan and zoning regulations. The proposed site plan shall be consistent with the city's comprehensive plan and this chapter. (d) Plan submission. Ten sets of all site plans and 81/z-inch by 11-inch transparencies thereof shall be submitted to the community development department with all required information. The plan shall be considered as officially submitted only when all of the information and fee requirements are met. (e) Contents. All site plan submissions shall be drawn to a scale of one inch equals 50 feet or less (engineering scale only) and be produced in a fashion which ensures legibility and clarity. In addition to the full-scale plan, an additional reduction of the plan on an 81h-inch by 11-inch sheet shall be required as part of the submission. The site plan shall contain at least the following information, and all additional information as required by city staff: (1) General information. a. The landowner's name, address and phone number. b. The applicant's name, address and phone number, if different from the landowner, and his interest in the subject property. c. The names, addresses, and phone numbers of all professional consultants who have contributed to the development of the plan being submitted, including the architect, land planner, engineer, surveyor, and attorney. d. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed site plan. e. Date of plan preparation. f. Dates and descriptions of all revisions. g. North point indication. h. The statement that construction shall be in accordance with the city's Standard Specifications for Utility and Street Construction, 1979, as amended. (2) Present surrounding area status. a. The address and legal description of the subject property. b. The existing zoning classification and present use of the subject property and all lands within 200 feet of the subject property. c. A map depicting the existing development of the property and all land within 200 feet. d. A plan showing the precise location of existing streets, property lines, easements, water mains, and storm and sanitary sewers with invert elevations on and within 100 feet of the subject property. (3) Present on -site status. All of the graphics should be the same scale to allow easy cross-reference. a. Contours at minimum two -foot intervals on and within 20 feet of the subject property. b. Location, type, and extent of tree cover. c. Sufficient spot elevations and/or contours to indicate changes in slope on and within 20 feet of the subject property. Elevations of the centerline and gutter line of existing streets at each proposed access must be shown. d. Location and extent of water bodies, wetlands and streams, and floodplains within 300 feet of the subject property. e. Significant rock outcroppings. f. Existing drainage patterns. g. Vistas and significant views. h. Soil conditions as they affect development. (4) Utilityplan. Plans indicating the location of water and sanitary sewer lateral and service locations. Also indicated shall be the size and type of pipe and all other information, such as hydrants and cleanouts, as may be required by the city engineer. (5) Property dimension plan. Plans showing property lines, dimensions, lot area, required yard setbacks, easements and rights -of -way of the property and any significant topographical or physical features of the property based upon a certified survey. (6) Structure information plan. Plans showing the location, size, use and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings. Also provided shall be architectural plans showing building elevations and exterior wall finishes of proposed buildings. (7) Internal circulation plan. Plans showing the location, dimensions and number of driveways, entrances, fire lanes, concrete entrance aprons, curb cuts, concrete curbing and gutter, parking stalls, parking lot islands, loading spaces, access aisles, concrete sidewalks, and all other circulation elements of the site. a. All site elements as listed in this subsection shall have noted on the plan a related cross section of element composition and construction design. b. All material compositions, i.e., bituminous, gravel, concrete, sod, etc., shall be noted on the plan. c. Spot elevations, including high points, corners of parking lots, and existing street elevations, shall also be shown on the plan. (8) Landscaping, screening and berming plan. Plans showing detailed locations, sketches, and provisions of existing and required landscaping, berming, and screening elements of the site. a. All those related elements which will be removed shall be properly noted on the plan. b. All plant screening and landscaping elements shall be broken out into types, sizes, and total numbers proposed in the plan. c. All fences shall be shown and related elevations and cross sections provided. (9) Grading and drainage plans. Plans showing all existing and proposed site contours in no more than two -foot contours. a. Also provided shall be detailed site drainage plans, including the detailing of the site's storm sewer system with catchbasins and invert elevations. b. Casting types must be shown for all catchbasins. (10) Erosion control plan. Plans for site erosion control as required by the city engineer. (11) Lightingplan. Plans showing location, height, and candlepower of all luminaries on the site. All parking lot lighting standards located within the parking lot area must be located within parking lot islands. (12) Staging plan. If the project is to be constructed in several stages, all stages shall be clearly detailed out on the plan. This shall also include future expansion elements of a proposal. (13) Sign plan. Plans showing all proposed signage for the site in accordance with chapter 24. (14) Planned improvements summary. Calculation of the area, length, amount or other summary dimensions or inventory for each improvement contemplated pursuant to this subsection (e), which calculation shall be useful to the city planning department in determining the amount of the surety to be provided pursuant to section 36-84. (Code 1984, § 375:117(2)) Sec. 36-83. - Procedure for review and approval. (a) Generally. Except as otherwise provided in this section, all plans for site development within the city as described in this chapter shall be subject to formal review and approval proceedings. (1) Upon submission of the site plan as specified in section 36-82 the city staff shall circulate the plan to all appropriate city, county, state, and federal agencies for their review and comment. (2) Upon receipt of all agency reviews, a meeting between the applicant and all involved reviewers to discuss any necessary plan amendments will be held. After the meeting, the applicant shall make any necessary revisions and submit a final site plan. (b) Final site plan. (1) Purpose. The final site plan is to serve as a complete, thorough, and permanent public record of the manner in which the subject site is to be developed. It shall incorporate all revisions and conditions resulting from the site plan review process. (2) Submission. Three copies of the final site plan shall be submitted to the director of community development for review and approval. Subsequent to receiving approval of the final plan, the applicant may apply for a building permit. (3) Preconstruction meeting. After a building permit has been applied for, and before issuance thereof, a preconstruction meeting shall be required to take place. It shall be the developer's responsibility to arrange the preconstruction meeting with the city staff. At this meeting, the building construction plans will be reviewed and compared with the approved final plan. If the building construction plans are not in substantial conformance with the final plan, the building construction plans shall be revised to achieve such conformance. (4) Limitation on final site plan approval. Within one year after the approval of a final site plan, or such shorter time as may be established by the approved development schedule, construction shall commence with the approved plan. a. If, after one year from being granted site plan approval, the plan as permitted by the approval shall not have initiated, then such approval shall be null and void. b. A request for extension may be made within 30 days before such deadline and shall state facts showing a good faith attempt to complete or utilize the use permitted in the site plan approval. c. The zoning administrator shall place the subdivider's request on the agenda of a regularly scheduled council meeting to be held within 30 days of such filing. d. The council at its discretion may grant the extension, for not more than one year, for, when good cause shown, such extension is necessary. e. Only one such extension may be made. (Code 1984, § 375:117(3); Ord. No. 04-09, § 4, 4-19-2004)