§ 61.402. Site plan review by the planning commission.

(a)

Plan to be submitted. A site plan shall be submitted to and approved by the planning commission before a permit is issued for grading or the erection or enlargement of any building except one- and two-family dwellings, and including the following:

(1)

Any development of one- and two-family residences which together exceed two (2) acres (87,120 square feet) in area.

(2)

In the TP tree preservation district, any development of one- and two-family residences over one (1) acre (43,560 square feet) in area.

(3)

All residentially related uses in one-family districts, such as, but not limited to, churches, schools and public facilities.

(4)

Any development in a T district.

(5)

Any industrial use in an IR, I1, I2, or I3 district abutting a residential district.

(6)

Outdoor storage in industrial districts.

(7)

Any use which abuts to a major thoroughfare.

(8)

Any development on a slope of twelve (12) percent or greater.

(9)

Any development in the river corridor critical area or in the floodplain district except one- and two-family dwellings which do not affect slopes of twelve (12) percent or greater.

(10)

All off-street parking facilities except as noted in section 63.202.

(11)

Any other use or development for which site plan review is required by any provision of this code.

(12)

Earth-sheltered structures.

(13)

Detached, freestanding facilities constructed on parking facilities, including, but not limited to, kiosks, fotomats, banks and similar uses.

(14)

Any filling, excavation or tree removal that disturbs an area greater than ten thousand (10,000) square feet except the construction, installation or maintenance of public roads and public and private utilities.

(15)

Cellular telephone antennas that require a new equipment building.

(b)

Site plan application:

(1)

Applications for site plan approval shall be made to the planning commission in such form as the commission may prescribe in its rules.

(2)

Said rules may provide for a delegation of authority to the zoning administrator of the city of all powers and duties granted to the planning commission under this section, and such rules will be filed with the office of the city clerk.

(3)

Application for site plan approval shall include plans with sufficient detail to demonstrate compliance with the provisions of this code, including floor plans necessary to determine compliance with parking and safety standards and elevation plans to determine compliance with design standards.

(4)

For parking facilities, the city traffic engineer or zoning administrator may require submission of a traffic impact analysis as part of the site plan application. Such an analysis shall include, but not be limited to, the following elements: trip generation, directional distribution, traffic assignment and capacity analysis.

(5)

Alley access; notice. Where a site plan application review has been delegated to the zoning administrator and notification to adjacent property owners is required in section 63.310(f), a notice shall be sent at least ten (10) days prior to a site plan review meeting by city staff to the applicant and owners of record of property located within three hundred fifty (350) feet of the proposed alley access. Notice shall be delivered either personally or by mail at the address of the owner contained in the records of the county department of property taxation.

(6)

Pre-application consultation. A pre-application consultation shall be held for residential, commercial, or industrial development on sites greater than ten (10) acres in area, abutting existing public parkland, without a park within a one-half (½) mile radius of the site, or within adopted station area plans to discuss parkland dedication requirements and options. Development on land that has been platted within two (2) years or for which parkland has been dedicated as part of platting shall be exempt from this requirement.

(c)

Site plan review and approval. In order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with:

(1)

The city's adopted comprehensive plan and development or project plans for sub-areas of the city.

(2)

Applicable ordinances of the city.

(3)

Preservation of unique geologic, geographic or historically significant characteristics of the city and environmentally sensitive areas.

(4)

Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may have substantial effects on neighboring land uses.

(5)

The arrangement of buildings, uses and facilities of the proposed development in order to ensure abutting property and/or its occupants will not be unreasonably affected.

(6)

Creation of energy-conserving design through landscaping and location, orientation and elevation of structures.

(7)

Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets, including traffic circulation features, the locations and design of entrances and exits and parking areas within the site.

(8)

The satisfactory availability and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development.

(9)

Sufficient landscaping, fences, walls and parking necessary to meet the above objectives.

(10)

Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes.

(11)

Provision for erosion and sediment control as specified in the Minnesota Pollution Control Agency's "Manual for Protecting Water Quality in Urban Areas."

(d)

Compliance and time requirements. The planning commission may make such requirements with respect to the above matters as to ensure compliance with them. When changes are required, the revised site plan shall be submitted within six (6) months from the date the applicant was notified of required changes. The zoning administrator may grant extensions. The property must be brought into compliance with the approved site plan within one year of the date of approval or as otherwise specified by the zoning administrator.

(e)

Security agreement. The zoning administrator may require the applicant to file a security agreement in the form of an irrevocable letter of credit, a performance bond, or cash escrow equal to the estimated cost, as determined by the zoning administrator, to install required landscaping, paving, screening, erosion and sediment control or items required by special condition. Such security agreement shall be filed with the zoning administrator within one (1) year from the date the applicant was notified of the intent to approve the site plan unless the zoning administrator, upon written request of the applicant, grants an extension not to exceed one (1) year.

Upon completion of the work items covered by the security agreement, the owner shall apply to the zoning administrator for final inspection. If the zoning administrator finds that all installations meet the requirements of approved plans and specifications, the security agreement shall be released. However, a security agreement for landscaping shall be effective and held for one (1) year after completion of the work in order to ensure that such landscaping survives.

If improvements covered by the security agreement are not completed within the established time limit, the city may proceed to require performance by the surety, or complete such installation by contract or force account and seek reimbursement of its costs from the security agreement. If seasonal weather conditions or phasing of construction present practical difficulties in the installation or completion of landscaping, paving, screening or any required item, written extension of the time limit for completion, not to exceed six (6) months, may be granted by the zoning administrator.

(f)

Certificate of occupancy. Certificate of occupancy shall not be issued until all items required for site plan approval are completed or an agreement has been made under paragraph (e) above. When a site plan is required by this code, a certificate of occupancy shall be renewed only if the use is in conformance with that site plan and all conditions of this code.

(C.F. No. 09-1286, § 2, 12-23-09; C.F. No. 10-349, § 2, 4-28-10; Ord 15-32, § 2, 7-22-15; Ord 15-27, § 1, 8-26-15)