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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 -1- 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. -2- 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 -3- 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. -4- 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- -5- 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 -6- 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. -7- 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. -8- 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- -9- 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. -10-