(H) Site Plan Approval Commentary Current 10-2 sets out site plan procedures that require all but some very minor developments to go through a long review process involving approval by the City Commission after Planning Board and staff review. As discussed in the Assessment & Annotated Outline (p. 33), this increases development costs for developers and burdens the City Commission and Planning Board with reviewing many small-scale developments that are unlikely to have significant external impacts. In accordance with the Assessment, this Section significantly increases the threshold level distinguishing major and minor developments, and thus would require most site plan applications to be decided by the Planning Board, rather than the City Commission. (1) Purpose The Site Plan Approval procedures and standards of this Section are intended to ensure that layout and general design of proposed development comply with all applicable standards in this Code. (2) Applicability (a) General (i) Site plan approval, either Major or Minor, is required for construction of any new structure, modification of an existing structure, and the occupancy of an existing structure, unless exempted under subparagraph (b) below. (ii) Site plan approval is required prior to submittal of an application for an Improvement Permit or Plat, unless the applicant elects to submit applications for both Site Plan Approval and an Improvement Permit or Plat for concurrent review. (b) Exemptions 82 The following development is exempt from the requirements of this Subsection: (i) A change in use that does not involve or require other development (such as new or expanded structures, additional parking, etc.); (ii) Internal construction that does not increase gross floor area or building height, increase the density or intensity of use, or affect parking or landscaping requirements; and Commentary The exemption thresholds for Major and Minor Site Plan Approval have been clarified to reduce confusion and increase predictability of the process. As provided, construction of a single- or two-family dwelling is exempt from site plan approval. An application for construction of three to 14 dwellings shall be considered Minor, and an application for construction of 15 or more dwellings shall be considered Major. 82 This is derived from the reverse of current 10-2(a)(2) s lists of development for which Site Plan Approval is required. It adds wholly internal construction as exempt development. Development codes generally exclude internal construction from site plan review processes. PUBLIC DRAFT December 2015 64
(iii) Construction of or addition to a single-family detached dwelling or a duplex dwelling, or a structure accessory to such a dwelling. (c) Major Site Plan Approval 83 Major Site Plan Approval is required for any of the following development, unless such development is exempted from Site Plan Approval under subparagraph (b) above: (i) New development or the expansion of existing development that proposes 15 or more new or added dwelling units; (ii) New development or the expansion of existing development that proposes 10,000 or more square feet of new or added gross floor area devoted to nonresidential use. (iii) New development that proposes 30 or more new or added vehicle parking spaces; or (iv) New development or the expansion of existing development that proposes 15,000 or more square feet of new or added cleared land. (d) Minor Site Plan Approval Minor Site Plan Approval is required for any development other than that for which Major Plan Approval is required under Subsection (c) above, unless exempted from Site Plan Approval under Subsection (b) above. (e) Concurrent Review (i) An application for Site Plan Approval may be submitted and reviewed concurrently with an application for a Special Exception or an Administrative Adjustment. In such a case, the Director shall not decide the Site Plan Approval application until after the Special Exception application or Administrative Adjustment is approved. (ii) An application for Site Plan Approval may be submitted and reviewed concurrently with an application for an Improvement Permit or Plat. In such a case, the Director shall not decide the Improvement Permit application or Plat application until after the Site Plan Approval application is approved. 84 (3) Major Site Plan Approval Procedure Table 10-5.2-1 and the following Subsections identify those steps in the common review procedure (see 10-5.3) applicable to the review of Major Site Plan Approval applications and note any specific variations of, or additions to, those review steps. 83 Current 10-2(c)(5)b.1 lists types of development that constitute minor development subject to staff approval of a site plan. They include very minor development: addition of awnings, canopies, and ornamental structures; relocation of pools, parking spaces, and driveways by less than 10 feet; modifications in stairs or elevations of decks, porches, terraces, hedges, and fencing; increases of the number of existing parking spaces by up to the lesser of 25% or 20 spaces; increases of existing building floor area by up to 10%; and construction of new structures with 5,000 or less square feet. All other development is major development and requires approval of a site plan by the City Commission following Planning Board review. As recommended in the Assessment & Annotated Outline (p. 33), this paragraph significantly modifies the thresholds distinguishing major and minor developments. 84 Plat approval carries much more weight in Florida, and especially Broward County, than elsewhere. It is not clear whether Site Plan Approval should be a prerequisite to Plat approval or vice versa. This is further complicated by the fact that Plat approval by both the City and the County is required. This provision may have to be reversed. Further discussion needed. PUBLIC DRAFT December 2015 65
(a) Pre-Application Staff Conference The applicant shall hold a pre-application conference with City staff in accordance with 10-5.3(B). (b) Pre-Application Neighborhood Meeting The applicant shall hold a pre-application neighborhood meeting in accordance with 10-5.3(C). (c) Application Submittal and Acceptance 85 The application shall be submitted and accepted, and may be withdrawn, in accordance with 10-5.3(D), except that the application shall include a site plan and may be required to include a landscape plan (see 10-4. ), a natural resources survey or resource management plan (see 10-4. ), a traffic study (see 10-4. ), parking study (see 10-4. ), architectural review and consultant fee (see 10-4. ), and/or a phasing plan (see 10-4. ). (d) Staff Review and Action The Director shall review the application and prepare a staff memorandum and recommendation in accordance with 10-5.3(E). (e) Planning Board Review and Action (i) The Planning Board shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with 10-5.3(H). (ii) The decision shall be one of the following: A. Approve the application as submitted; B. Approve the application subject to conditions; C. Deny the application; or D. Remand the application back to the Director for further consideration. (This may require further public hearing notice and additional review fees.) (iii) The Planning Board shall, at its discretion, review and recommend that a Major Site Plan Approval be heard by the City Commission. (iv) The City Commission shall, at its discretion, call a Major Site Plan Approval to be considered at a quasi-judicial public hearing. (4) Minor Site Plan Approval Procedure Table 10-5.2-1 and the following Subsections identify those steps in the common review procedure (see 10-5.3) applicable to the review of Minor Site Plan approval applications and note any specific variations of, or additions to, those review steps. 85 This adds references to specific plans currently required to be submitted and reviewed as part of site plan approval. Alternatively, such requirements could be delegated to an administrative manual (as the specific content requirements for each type of plan certainly should be). PUBLIC DRAFT December 2015 66
(a) Pre-Application Staff Conference The applicant shall hold a pre-application conference with City staff in accordance with 10-5.3(B). (b) Application Submittal and Acceptance 86 The application shall be submitted and accepted, and may be withdrawn, in accordance with 10-5.3(D) except that the application shall include a site plan and may be required to include a landscape plan see 10-4. ), a natural resources survey or resource management plan (see 10-4. ), a traffic study, parking study, architectural review and consultant fee (see 10-4. ), or a phasing plan (see 10-4. ). (c) Staff Review and Action The Director shall review the application, allow revisions of the application, and decide the application in accordance with 10-5.3(E). The decision shall be one of the following: (i) Approve the application as submitted; (ii) Approve the application subject to conditions; or (iii) Deny the application. (5) Post-Decision Actions 87 The post-decision actions and limitations in 10-5.3(J) shall apply to both Major and Minor Site Plans, except as follows: (a) Effect of Approval Site Plan Approval allows the approval of any concurrently-reviewed applications for an Improvement Permit for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Site Plan Approval. (b) Expiration of Approval Approval of a Site Plan shall automatically expire if the authorized development is not substantially underway within one year after the date of the Site Plan. This time period may be extended under 10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period. (c) Minor Changes Allowed (i) Subsequent development applications for development authorized by a Site Plan Approval may incorporate minor changes from the approved plans and conditions without the need to amend the Site Plan in accordance with 10-5.3(J)(4), Modification or Amendment of Approval provided, however, that the Director determines that such changes: A. Continue to comply with this Code; B. Are necessary to comply with conditions of approval; or 86 As with Major Site Plan Approval, this adds references to specific plans currently required to be submitted and reviewed as part of site plan approval. Alternatively, such requirements could be delegated to an administrative manual. 87 Because there is substantial overlap, the post-decision actions for both Major and Minor Site Plan approvals have been combined. PUBLIC DRAFT December 2015 67
10-5.4(I) Improvement Permit87F C. Are consistent with the Site Plan approval i.e., the changes would not significantly alter the development s general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Site Plan. (ii) In any case, the following changes from the approved Site Plan shall constitute a major change requiring amendment of the Site Plan in accordance with 10-5.3(J)(4), Modification or Amendment of Approval: A. A change in a condition of approval; B. An increase greater than 20 percent in residential density; C. An increase greater than 20 percent in total nonresidential floor area; D. An increase greater than ten percent in the amount of land devoted to nonresidential uses; E. A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and F. A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types. (6) Site Plan Approval Standards An application for Major Site Plan Approval or Minor Site Plan Approval shall be approved only if the Planning Board or Director, as appropriate, determines that the proposed development: (a) Will be consistent with the Comprehensive Plan; (b) Will comply with applicable district, use, and development standards in this Code; and (c) Will comply with all requirements and conditions of approval. (I) Improvement Permit 88 (1) Purpose The Improvement Permit procedures and standards of this Section are intended to ensure that final detailed and engineering plans for a proposed development comply with all applicable standards in this Code. (2) Applicability 89 (a) General An Improvement Permit is required for any: (i) Clearing or grubbing; (ii) Construction, installation, or modification of public or private paving and drainage improvements including, but not limited to, streets (including subgrade preparation, 88 This carries forward and consolidates the review procedure provisions in current 10-154 (Engineering plans and specifications), 10-157 (Site development improvement permit), and 5-96-102 (irrigation systems), modified as noted in the following footnotes. 89 Are there other activities that should require an Improvement Permit? PUBLIC DRAFT December 2015 68