SEC. 51A-4.803. SITE PLAN REVIEW.
(a) When a site plan is required.
(1) Except as otherwise provided in Subsections (a)(3) and (a)(4), a site plan must be submitted in accordance with the requirements of this section before the issuance of a permit for work on a lot in a district or subdistrict listed in Subsection (a)(2) and:
(A) the estimated trip generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per day per acre (See Table 1 to calculate estimated trip generation);
(B) the lot contains a use for which DIR is required in the use regulations (See Division 51A-4.200); or
(C) the lot has a residential adjacency as defined in Subsection (d)(3) and contains a use for which RAR is required in the use regulations (See Division 51A-4.200).
(2) The districts and subdistricts listed for purposes of Subsection (a)(1) are:
(A) all multifamily districts;
(B) all nonresidential zoning districts except central area districts; and
(C) SC, GR, LC, HC, O-2, and industrial subdistricts in the Oak Lawn Special Purpose District (Planned Development District No. 193).
TABLE 1
TRIP GENERATION ASSUMPTIONS
USE | TRIPS PER DAY
TABLE 1
TRIP GENERATION ASSUMPTIONS
USE | TRIPS PER DAY
INDUSTRIAL USES | 6.97 per 1,000 gsf
LODGING USES | 10.50 per room
OFFICE USES |
Financial institution without drive-in | 140.61 per 1,000 gsf
Financial institution with drive-in | 265.21 per 1,000 gsf
Other by floor area: |
10,000 gsf or less | 24.60 per 1,000 gsf
over 10,000 to 50,000 gsf | 16.58 per 1,000 gsf
over 50,000 to 100,000 gsf | 14.03 per 1,000 gsf
over 100,000 to 150,000 gsf | 12.71 per 1,000 gsf
over 150,000 to 200,000 gsf | 11.85 per 1,000 gsf
RESIDENTIAL USES |
Single Family | 9.55
Other | 6.59/dwelling unit
RETAIL AND PERSONAL SERVICE USES |
General merchandise over 3,500 sq. ft. | 177.59 per 1,000 gsf
General merchandise under 3,500 sq. ft. | 737.99 per 1,000 gsf
Restaurant without drive-in | 205.36 per 1,000 gsf
Restaurant with drive-in | 786.22 per 1,000 gsf
Other: |
10,000 gsf or less | 167.59 per 1,000 gsf
over 10,000 to 50,000 gsf | 91.65 per 1,000 gsf
over 50,000 to 100,000 gsf | 70.67 per 1,000 gsf
over 100,000 to 150,000 gsf | 62.59 per 1,000 gsf
over 150,000 to 200,000 gsf | 54.50 per 1,000 gsf
WHOLESALE, DISTRIBUTION, AND STORAGE USES
Mini-warehouse | 2.61 per 1,000 gsf
Warehouse | 4.88 per 1,000 gsf
‘gsf’ means gross square feet. These rates are based on the ITE Trip Generation Report, 5th edition, January, 1991. Rates for uses and floor areas not listed shall be based on the ITE Trip Generation Report. Rates for uses and floor areas not listed in the ITE Trip Generation Report shall be determined by the director based on a survey of similar existing uses.
(3) A site plan is not required under Subsection (a)(1) if the permit is only needed for:
(A) restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind; or
(B) construction work that does not change the use or increase the existing building height, floor area ratio, or nonpermeable coverage of the lot.
(4) If a site plan is included as part of an ordinance establishing the zoning classification of a lot, or if a site plan is approved by official action of the board of adjustment as a condition to the granting of a variance or special exception on the lot, then no site plan is required to be submitted or approved under this section if the record also reflects that:
(A) traffic signals, turn lanes, additional lanes, or other public infrastructure improvements were, or are required to be, constructed or paid for by the owner in connection with the passage of the ordinance or the granting of the variance or special exception; and
(B) if the lot would otherwise be subject to the residential adjacency standards of this section, the approving body considered the impact of the development on surrounding land uses.
(5) The building official shall not issue a permit authorizing work for which a site plan is required under Subsection (a)(1) unless the site plan has been approved by:
(A) the director; or
(B) the city plan commission as part of the appeal process.
(b) Application for review. An application for review of a site plan required under this section must be filed with the director on a form furnished by the city for that purpose. The application must contain the following:
(1) The name, address, telephone number, and signature of the applicant. If the applicant is not the owner of the lot, he must submit a letter from the owner authorizing him to act on the owner’s behalf.
(2) The name, address, and telephone number of the owner of the lot. If there is more than one owner, the names, addresses, and telephone numbers of all owners must be provided.
(3) The street address and complete legal description of the lot.
(4) A brief description of all existing and proposed uses on the lot.
(5) Any other reasonable and pertinent information that the director determines to be necessary for site plan review.
(c) Reserved.
(d) Site plan requisites.
(1) In general. If the site plan is required due to estimated trip generation or a requirement for DIR in the use regulations, it must:
(A) include a location diagram showing the position of the lot in relation to surrounding streets in the city's major street network;
(B) contain title block and reference information pertaining to the lot and plan, including the name of the project, the names of the persons responsible for preparing the plan, the zoning classification of the lot, the scale of the plan (both numeric and graphic), and the date of submission, with provisions for dating revisions;
(C) show the dimensions of the lot, and indicate lot area in both square feet and acres;
(D) show or describe the building envelope for each existing and proposed building on the lot;
(E) show the location of all existing streets, alleys, easements for street purposes, utility and other easements, floodway management areas, and the one-percent annual chance flood plain, if applicable;
(F) show all areas proposed for dedication or reservation;
(G) show zoning setback and building lines for each existing and proposed building on the lot;
(H) show all existing and proposed points of ingress and egress and estimated peak hour turning movements to and from existing and proposed public and private streets and alleys;
(I) show all existing and proposed median cuts and driveways located within 250 feet of the lot;
(J) show all existing and proposed off-street parking and loading areas, indicating the general dimensions of parking bays, aisles, and driveways, and the number of cars to be accommodated in each row of parking spaces;
(K) show all existing and proposed provisions for pedestrian circulation on the lot, including sidewalks, walkways, crosswalks, and pedestrian plazas;
(L) indicate average daily traffic counts on adjacent streets and illustrate estimated peak hour turning movements at intersections located within 250 feet of the lot;
(M) show the location and indicate the type of any special traffic regulation facilities proposed or required;
(N) show the existing and proposed topography of the lot using contours at intervals of two feet or less. Existing contours must be shown with dashed lines; proposed contours must be shown with solid lines;
(O) show the existing and proposed locations for municipal solid waste containers and receptacles;
(P) show surrounding properties and the approximate location of buildings within a distance of 250 feet of the lot, indicating their zoning district classification. Surrounding properties may be drawn at a smaller scale than that required under Subsection (c);
(Q) show locations, calipers, and names (both common and scientific) of all trees near proposed construction activity (trees in close proximity that all have a caliper of less than eight inches may be designated as a "group of trees" with only the number noted); and
(R) contain any other reasonable and pertinent information that the director determines to be necessary for site plan review.
(2) Residential adjacency items. If the lot has a residential adjacency as defined in Subsection (d)(3) and is not in the Oak Lawn Special Purpose District (Planned Development District No. 193), the site plan must:
(A) satisfy the requirements of Subparagraphs (A) through (G), (J), and (N) through (Q) in Subsection (d)(1);
(B) show all existing and proposed points of ingress and egress;
(C) show the existing and proposed locations for all building entrances, exits, service areas, and windows;
(D) show the location and indicate the type, size, and height of perimeter fencing, screening, and buffering elements proposed or required;
(E) show all provisions to be made to direct and detain storm water and to mitigate erosion both during and following the completion of construction;
(F) show the location and indicate the type, orientation, size, and height of light standards which will illuminate any portion of a required yard;
(G) show the location of existing and proposed signs;
(H) show the existing and proposed locations of all exterior loudspeakers and sound amplifiers;
(I) show the existing and proposed locations for all mechanical equipment capable of producing high levels of noise; and
(J) contain any other reasonable and pertinent information that the director determines to be necessary for site plan review.
(3) For purposes of this section, a lot has a residential adjacency if:
(A) the lot is adjacent to or directly across:
(i) a street 64 feet or less in width; or
(ii) an alley from an R, R(A), D, D(A), TH, TH(A), or CH district; or
(B) an existing or proposed building or structure on the lot is within 330 feet of a lot in an R, R(A), D, D(A), TH, TH(A), or CH district.
(4) Reserved.
(5) The following information, in addition to being shown graphically, must be separately tabulated in a conspicuous place on the plan for quick and easy reference:
(A) Lot area in square feet and acres.
(B) Total building floor area and floor area for each use on the lot in square feet.
(C) Floor area ratio of the lot.
(D) Square footage and percentages of building coverage and nonpermeable coverage of the lot.
(E) Number of parking spaces required and number of parking spaces provided.
(F) Zoning classification of the lot.
(e) Review by the director.
(1) Upon the filing of a complete application for review of a site plan and a complete site plan submission, the director of planning and development shall promptly forward one copy of each to all affected divisions of the department and to the director of code compliance for review and comments. The director of code compliance shall review the application and submission and return a written recommendation to the director of planning and development within 15 calendar days of the filing date.
(2) The director shall make a decision regarding the application and submission within 30 calendar days of the filing date. The decision must be accompanied by an itemized list of required changes or corrections to the site plan. That decision must take one of three forms:
(A) Approval, no conditions.
(B) Approval, subject to conditions noted.
(C) Denial.
(3) If the director fails to make a decision regarding the application and submission within 30 calendar days of the filing date, the application and submission are considered to be approved subject to compliance with all applicable city codes, ordinances, rules, and regulations.
(4) The time periods in Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant provides all of the information required in Subsections (b), (c), and (d). In cases where the director requests additional information within 10 calendar days of the filing date, the time periods in Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant provides the additional information.
(5) If the director denies an application or submission, he shall state in writing the specific reasons for denial. If he approves an application or submission subject to conditions, he shall state in writing the specific requirements to be met before issuance of a permit to authorize work on the lot.
(f) Grounds for denial.
(1) In general. The director shall deny a site plan application or submission under this section if:
(A) it does not contain sufficient information to allow for site plan review; or
(B) the site plan does not comply with all applicable city codes, ordinances, rules, or regulations.
(2) Vehicular circulation and infrastructure standards.
(A) Except as otherwise provided in Subsection (g), the director shall deny a site plan under this section if:
(i) the provisions for vehicular loading and unloading or parking, or for vehicular or pedestrian circulation, will create hazards to safety, substandard circulation of all modes of transportation, or will impose a significant burden upon public facilities which can be avoided or substantially mitigated by reasonable modifications in the plan;
(ii) the site plan is required due to estimated trip generation and the owner of the lot refuses to comply with one or more of the following development-related infrastructure requirements:
(aa) The owner shall construct traffic control improvements, including, if applicable, traffic signal upgrades, at intersections adjacent to the lot if the traffic engineer determines that such improvements are necessitated by and wholly attributable to the proposed new development.
(bb) The owner shall construct right and left turn lanes, stacking lanes, and bus turnouts in right-of-way adjacent to the lot if the traffic engineer determines that such improvements are necessitated by and wholly attributable to the proposed new development.
(cc) The owner shall dedicate right-of-way or easements to the city to allow for those right and left turn lanes, stacking lanes, and bus turnouts that the director determines are necessitated by and wholly attributable to the proposed new development.
(B) To construct the improvements required under Subparagraph (A), the owner shall enter into a private development contract satisfactory to the city. The contract must be made according to terms and conditions stated on a form provided by the director and approved by the city attorney. The contract must include performance and payment bonds equivalent to those which the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds.
(C) In lieu of constructing the improvements required under Subparagraph (A), the owner may voluntarily pay the city an amount equal to the estimated cost of constructing the improvements before issuance of a building permit to authorize work on the lot. For purposes of this subparagraph, the estimated cost of constructing the improvements shall be determined by the director on a case by case basis. Such payments, being voluntarily tendered to the city as an optional alternative to the performance of construction work, shall not be “impact fees” as defined by state law, but shall constitute compensation for the city’s construction of the required improvements. All payments made pursuant to this subparagraph must be credited to separate interest-bearing accounts and used only for financing construction of the specified improvements. Any payments made that are not spent on the specified improvements within five years after the date of payment must be refunded together with interest accrued at the city’s investment rate during the five-year period, less administrative costs. Refunds shall be made to the owner of record shown on the last approved city ad valorem tax roll at the time the refund is paid, except that payments made by a political subdivision or governmental entity shall be refunded to that political subdivision or governmental entity.
(3) Residential adjacency standards. If the lot has a residential adjacency as defined in Subsection (d)(3) and is not in the Oak Lawn Special Purpose District (Planned Development District No. 193), the director shall review the site plan for compliance with this paragraph and, except as otherwise provided in Subsection (g), shall deny the site plan if:
(A) the location of existing or proposed buildings, structures, or equipment on the lot will be detrimental or injurious to each other or to surrounding development, or will impose an undue burden on public facilities, and the detrimental or injurious results or undue burden can be avoided or substantially mitigated by reasonable modifications in the plan;
(B) development of the lot will create a soil or drainage problem which can be avoided or substantially mitigated by reasonable modifications in the plan;
(C) the proposed on-site fencing, screening, or buffering elements do not provide adequate protection to adjacent property, and adequate protection can be provided by reasonable modifications in the plan; or
(D) the exterior lighting to be provided on the lot will create a hazard to motorists on an adjacent public or private street or alley, or will damage or diminish the value or usability of adjacent property.
(4) If the director denies a site plan under this section, he shall state in writing the specific reasons for denial.
(g) Approval subject to conditions noted. As an alternative to denial of a site plan under Subsection (f), the director may approve the site plan subject to conditions noted if compliance with all conditions will eliminate what would otherwise constitute grounds for denial. If the director approves the site plan subject to conditions noted, he shall state in writing the specific requirements to be met before issuance of a permit to authorize work on the lot.
(h) Approval, no conditions. If there are no grounds for denial of a site plan under Subsection (f), the director shall approve the site plan with no conditions.
(i) Appeals.
(1) The applicant may appeal the following decisions made by the director:
(A) Denial of an application or site plan submission.
(B) Approval of an application or site plan submission subject to conditions noted.
(2) An appeal must be made within 10 days after notice is given to the applicant of the director’s decision.
(3) An appeal is made by filing a written request with the director for review by the city plan commission.
(4) Decisions of the commission are final as to available administrative remedies and are binding on all parties.
(5) If the commission fails to make a decision on the appeal within 30 calendar days of the date that the written request is filed with the director, the application and submission are considered to be approved subject to compliance with all other applicable city codes, ordinances, rules, and regulations.
(j) Validity of approved site plan. An approved site plan is valid for a period of two years. If a permit to authorize work on the lot has not been obtained upon expiration of the two-year period, a new site plan submission is required.
(k) Effect of approved site plan. The approval of a site plan by the director or commission does not result in the vesting of development rights, nor does it permit the violation of any city ordinance or state law, nor does it preclude the building official from refusing to issue a permit if he determines that plans and specifications do not comply with applicable laws and ordinances, or that the work described in the application for the permit does not conform to the requirements of the construction codes. (Ord. Nos. 19455; 19786; 19929; 20037; 20730; 21760; 22053; 22026; 25047; 27697; 28073; 28424; 28553; 31314 ; 32002 ; 32760 ; 33112 )
