HomeMy WebLinkAbout1985-07-26-Ordinance 2053_Site PlanORDINANCE No.2053
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE DEVELOPMENT,
SUBMISSION AND APPROVAL OF A SITE PLAN;FOR THE SUBMISSION
OF SUCH SITE PLAN TO THE PLANNING AND ZONING COMMISSION
FOR ITS APPROVAL;AND FURTHER SETTING FORTH PROCEDURES FOR
APPEALING THE DENIAL OF THE PLANNING AND ZONING COMMISSION
TO THE CITY COUNCIL;AND FURTHER ESTABLISHING PENALTIES
FOR ANY VIOLATION OF SAID ORDINANCE.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.THERE SHALL BE ADDED TO THE WAUKEE
MUNICIPAL CODE,CHAPTER 304 AS FOLLOWS:
Section 2.The Waukee Municipal Code should be and
the same is hereby amended by adding thereto the following
additional sections:
SITE PLAN REQUIREMENTS
Section 3.Purpose and Application.It is the
intent and purpose of this ordinance to establish a pro-
cedure which will enable the City to review certain pro-
posed improvements to property within specified zoning
districts of the City to insure compliance with all appli-
cable zoning,subdivision and building regulations.Site
plans shall only be required whenever any person proposes
to place any structure for which a building permit is re-
quired under any other section of this Code,on any tract
or parcel of land within the "R-3"MUlti-Family Resident-
ial District;"R-4"Row Dwelling and Condominium District;
"C-l"Community Commercial District;"C-2"Central
Business District;"C-3"Planned Commercial District;
"M-l"Light Industrial District;"M-2"Heavy Industrial
District;and for any use except one and two family
dwellings.
Section 4.Design Standards.The standards of
design provided herein are necessary to insure the orderly
and harmonious development of property in such manner as
will safeguard the public's health,safety and general
welfare.
A.The design of the proposed improvements
shall make adequate provisions for surface
and subsurface drainage,for connections to
water and sanitary sewer lines,each so
designed as to neither overload existing
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public utility lines nor increase the danger
of erosion,
endangerment
property.
flooding,landslide,or other
of adjoining or surrounding
B.The proposed improvements shall be designed
and located within the property in such
manner as not to unduly dimish or impair the
use and enjoyment of adjoining property,and
to this end shall minimize the adverse
effects on such adjoining property from
automobiles headlights,illumination of
required perimeter yards,refuse containers,
and impairment of light and air.For the
purpose of this section,the term "use and
enjoyment of adjoining property"shall mean
the use and enjoyment presently being made
of such adjoining property,unless such
property is vacant.If vacant,the term
"use and enjoyment of adjoining property"
shall mean those uses permi t ted under the
zoning districts in which such adjoining
property is located.
C.The proposed development shall have such
entrances and exits upon adjacent streets
and such internal traffic circulation
pattern as will not unduly increase conges-
tion on adjacent or surrounding public
streets.
D.To such end as may be necessary and proper
to accomplish the standards in paragraphs A,
Band C,above,the proposed development
shall provide fences,walls,screening,
landscaping,erosion control or other
improvements.
E.The proposed development shall conform to
all applicable provisions of the Code of
Iowa,as amended,and all applicable
provisions of the Waukee Municipal Code,as
amended.
Section 5.Required Information.All site plans
required under Section 6 of this ordinance,unless waived
by the City Engineer,shall include as a minimum the
following information:
A.Date of preparation,north point and scale.
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B.Legal description and address of the proper-
ty to be developed.
C.Name and address of the record property own-
er,the appl icant,and the person or firm
preparing the site plan.
D.The existing and proposed zoning.
E.The existing topography with a maximum of
two (2)foot contour intervals.Where
existing ground is on a slope of less than
two percent (2%),either one (1)foot
contours or spot elevations where necessary
but not more than fifty (50)feet apart in
both directions.
F.Existing and proposed utility lines and
easements in accordance with City of Waukee
Standard Specifications and Subdivision
Regulations.
G.Total number and type of dwelling units
proposed;proposed uses for all buildings;
total floor area of each building;estimated
number of employees for each proposed use
where applicable;and any other information
which may be necessry to determine the
number of off-street parking spaces and
loading spaces required by the zoning
ordinance.
H.Location,shape,and two (2)different
exterior elevation views of all proposed
buildings,for the purpose of understanding
the structures,the location of windows,
doors,overhangs,projection height,etc.
and the grade relationship to floor eleva-
tion,and the number of stories of each
existing building to be retained and of each
proposed building.
I.All required yard setbacks.
J.Location,grade and dimensions of all exist-
ing and proposed paved surfaces and all
abutting streets.
K.Complete traffic circulation and parking
plan,showing the location and dimensions of
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all existing and proposed parking stalls,
loading areas,entrance and exit drives,
sidewalks,dividers,planters,and other
similar permanent improvements.
L.Location and type of existing or proposed
signs and of any existing or proposed light-
ing on the property which illuminates any
part of any required yard.
M.Location of exiting trees
larger in diameter,landslide
and streams and other bodies
any area sUbject to flooding
year storm.
six inches or
areas,springs
of water,and
by one hundred
N.Location,amount and type of any proposed
landscaping,plantings,fences,walls,or
other screening as required by the zoning
regulations and the design standards set
forth in Section 2 of this ordinance.
O.A vicinity map at a scale of 1"=500 I
larger,showing the general location of
property,and the adjoining land uses
zoning.
or
the
and
P.Soil tests and similar information,if deem-
ed necessary by the City Engineer,to deter-
mine the feasibility of the proposed devel-
opment in relations to the design standards
set forth in Section 4 of this Ordinance.
Q.Where poss ible ownership or boundary prob-
lems exist,as determined by the Zoning
Administrator,a property survey by a
licensed land surveyor may be required.
Section 6.Building Permits Application.No
building permit shall be issued for the construction of
any structure that is subject to the provisions of this
ordinance,until a site plan has been submitted covering
the land upon which said structure is to be erected and,
further,approved for such development in accordance with
this ordinance.
Section 7.Procedure.
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A.Pre-Application Conference.Whenever
any person proposes to place any structure
for which a building permit is required un-
der any other section of this Code,on any
tract or parcel of land within the "R-3"
Multi-Family Residential District;"R-4"Row
Dwelling and Condominium District;"C-I"
Community Commercial District;"C-2"Central
Business District;"C-3"Planned Commercial
District;"M-I"Light Industrial District;
"M-2"Heavy Industrial District;for any use
except one and two family dwellings,he
shall submit to the City Administrator a
request for a Pre-Application Conference.
The Conference shall include the applicant
or his representative and the Zoning Admin-
istrator.The purpose of the Conference
shall be to acquaint the City staff with the
proposed construction and to acquaint the
applicant or his representative with the
procedures and with any special problems
that might relate to such construction.
The applicant shall furnish a legal descrip-
tion of the subject real estate at the time
of requesting a Pre-Application Conference,
and the Conference shall be held within
seven (7)days of such request.
B.Continuous Site Plan Review.After com-
pletion of the Pre-Application Conference as
required by subsection A of this section,
and in the event the applicant wishes to
proceed with the construction as discussed
at said Conference,he shall cause to be
prepared a site plan of such proposed con-
struction,and shall submit eleven (II)cop-
ies of the same to the City Administrator.
The site plan shall be accompanied by a
cover letter requesting review and approval
of said plan.The payment of the applica-
tion fee is as follows:
Site plan review -one acre or less -$35.00
Site plan review -more than one acre $70.00
The site plan shall contain all the informa-
tion required by Section 5 of this ordin-
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ance,unless otherwise waived by the Zoning
Administrator.
The Zoning Administrator shall retain one
(1)copy for his review and comment.The
remaining copies shall be retained by the
City Administrator for review and distribu-
tion.The Zoning Administrator and City
Engineer shall review the plan for confor-
mance of the des ign to the standards and
required data set forth in Sections 4 and 5
of this ordinance.
C.Action.
1.The City Administrator shall promptly
notify the applicant in writing of any
revisions or additional information
needed as required by Sections 3 and 5.
If necessary,the applicant shall make
revisions and resubmit the revised
plan (s)to the City Administrator for
acceptance.If the site plan complies
with requirements set forth in this
ordinance,the applicant's plan shall be
submitted to the Planning and Zoning
Commission for approval,disapproval,or
approval sUbject to conditions.
2.In the case of disapproval,or approval
subject to conditions,the Planning and
Zoning Commission shall indicate the
reasons therefore and shall return a
copy to the appl icant for revis ions in
accordance with action taken.The app-
licant shall then submit the revised
original for certification by the
Planning and Zoning Commission.
3.The City Administrator shall retain the
duly certified original in the depart-
ment's permanent files and shall trans-
mit,without charge,one (1)copy of the
same to the applicant.The applicant
shall be responsible for securing the
duly certified copy of the approved site
plans,as required to secure building
and other permits,in accordance with
the 1981 Waukee Municipal Code,as
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amended,or the 1983 Code of Iowa,as
amended.
D.Appeals.
1.The applicant may,upon notice to the
City Council,appeal in whole or in part
any determination or action of the Plan-
ning and Zoning Commission made within
the scope of this article.Appeal shall
be made without cost by written notifi-
cation of the appeal received by the
City Administrator within ninety (90)
days after the date of the action from
which appeal is sought.The City Admin-
istrator shall place the matter on the
agenda of the next regular meeting of
the City Council,provided said appeal
is filed at least ten (10)days prior to
said meeting.
2.The City Council shall decide all
appeals within thirty (30)days after
written notification of the appeal has
been received by the City Administrator
provided that the appellant may agree to
a longer period not to exceed sixty (60)
days after the written notification of
the appeal has been received by the City
Administrator.Failure to decide the
appeal within such period shall have the
effect of overturning the Planning and
Zoning Commission's disapproval and
approving the site plan as appealed.
3.At the City Council's meetings,the
appealing party or parties shall be
presented a reasonable opportunity to
present their views.A majority vote of
the Council shall be necesary to over-
turn or modify the action of the Plan-
ning and Zoning Commission.
4.A site plan that has been denied by the
Planning and Zoning Commission or City
Council may be resubmitted by the appli-
cant to the City Administrator,pursuant
to the terms of this article,upon pay-
ment of appropriatee fees.
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Section 8.Validity of Approval.
A.A site plan shall become effective upon
certification of approval by the Planning
and Zoning Commission pursuant to Section 7
of this ordinance.In the event that an
appeal is filed,a site plan shall not be-
come effective until all appeals have been
decided.
B.The approval of any site plan required by
this article shall remain valid for two (2)
years after the date of approval,after
which time the site plan shall be deemed
null and void if the development has not
been established or actual construction
commenced.For the purpose of this article
"actual construction"shall mean that the
permanent placement of construction materi-
als has started and is proceeding without
undue delay.Preparation of plans,securing
financial arrangements,issuance of building
permits,letting of contracts,grading of
property,or stock-piling of materials on
the site shall not constitute actual con-
struction.
Section 9.Site Plan Amendment.Any si te plan
may be amended in accordance with the standards and
procedures established herein,including payment of fees,
provided that the Zoning Administrator may waive such
procedures for those minor changes hereinafter listed.
Such minor changes shall not be made unless the prior
written approval for such changes is obtained from the
Zoning Administrator.No fees shall be required for such
minor changes.
A.Moving building walls within the confines of
the smallest rectangle that would have en-
closed each original approved building(s ),
Reloca tion of bui Iding entrances or exits,
shortening of building canopies.
B.Changing to a more restrictive commercial or
industrial use,provided there is no reduc-
tion in the amount of off-street parking as
originally approved.This does not apply to
residential uses.
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C.Changing angle of parking or aisle provided
there is no reduction in the amount of
offstreet parking as originally approved.
D.SUbstituting plant species provided a land-
scape architect,engineer or architect cer-
tifies the substituted species is similar in
nature and screening effect.
E.Chang ing type and des ign of lighting fix-
tures provided an engineer or architect
certifies there will be no change in the
intensity of light at property boundary.
F.Increasing peripheral yards.
Section 10.Applicability To Existing Development.
The requirements of this article shall not apply to the
placement of any structure for which building permits have
been issued as of the date of the adoption of this ordin-
ance,provided that if such building permit shall expire,
then a new building permit shall not be issued until the
requirements of this ordinance have been met.Provided
further,that if an existing structure is to be recon-
structed,enlarged,expanded,or otherwise increased:
A.In the case of building uses,in an
50%or greater of its existing
coverage and/or total floor space;or
amount
ground
B.In the case of non-bui Iding uses or non-
building portion of uses,in the amount 50%
or greater of the existing developed non-
building site area,then the provisions of
this ordinance shall apply.
Section 11.Violations and Penalties.Any
person,firm,partnership,association or corporation
violating any of the provisions of this ordinance shall be
guilty of a misdemeanor and shall be punished by a fine of
not more than One Hundred Dollars ($100)or by imprison-
ment for not more than thirty (30)days,or by both such
fine and imprisonment.The imposition of one penalty for
any violation shall not excuse the violation or permit it
to continue;and all such persons shall be required to
correct or remedy such violation or defects within a rea-
sonable time;and when not otherwise specified,each thir-
ty (30)days that prohibitive conditions are maintained
shall constitute a separate offense.In addition,the
Ci ty of Waukee may proceed in law or in equity to re-
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strain,correct or abate such violation,to prevent the
occupancy of said building,structure or land,or to pre-
vent any illegal act,conduct of business,or use in or
about said premises.
Section 12.Severability.If any section,provi-
sion or part of this ordinance shall be adjudged invalid
or unconstitutional,such adjudication shall not affect
the validity of the Ordinance as a whole or any section,
provision or part hereof not adjudged invalid or unconsti-
tutional.
Section 13.Effective
shall be in effect after its
publication as required by
date.
final
law.
This ordinance
passage,approval,and
Passed by the Council the 26th day of July,,1:85,and
approved this 26th day of July,/
I.
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