§ 158.237. Site Plan Approval Process.

The site plan approval process consists of two (2) steps. The first step consists of site plan approval and the second step consists of approvals of detail plans. The site plan review committee meets to review all site plans and detail plans, and either makes recommendations to the Planning and Zoning Board or City Council or approves the detail plans pursuant to the procedures set forth below. For any project which is tabled by the committee or Planning and Zoning Board, which requires further changes or additional information, or requires a unity of title to rezone the site prior to development, the applicant shall complete these changes within a three month period or the application is considered inactive and abandoned. A new application and fee will then be required in order to reactivate the request.

(A)

For site plans involving less than fifty (50) dwelling units, or less than ten thousand (10,000) square feet of gross floor area for nonresidential developments, the following procedure is set forth for site plan review.

(1)

Three (3) weeks prior to the next scheduled Site Plan Review Committee meeting, all materials required in section 158.238 shall be submitted to the Zoning Administrator.

(2)

The Zoning Administrator reviews the site plan with the Site Plan Review Committee.

(3)

The Site Plan Review Committee either recommends approval, approval with conditions or denial of the site plan, pursuant to subsection 158.236(B).

(4)

The City Council then reviews the comments and recommendations of the site plan review committee and may take the following actions:

a.

Approve the site plan with or without conditions or design modifications;

b.

Deny the site plan;

c.

Refer the site plan to the Planning and Zoning Board for further consideration as provided by subsections (B)(4) and (5) of this section; or

d.

Refer the site plan to the Site Plan Review Committee for additional consideration.

(5)

The City Council may require the submittal of additional information prior to further consideration by the Planning and Zoning Board or by the Site Plan Review Committee. If no action is taken by the City Council as provided herein, the action of the Site Plan Review Committee shall be final.

(B)

For all site plans involving fifty (50) or more dwelling units, or ten thousand (10,000) square feet or more gross floor area for nonresidential developments, the following procedures are set forth for site plan review:

(1)

Three (3) weeks prior to the next scheduled Site Plan Review Committee meeting, all materials in section 158.238 shall be submitted to the Zoning Administrator.

(2)

The Zoning Administrator reviews the site plan with the Site Plan Review Committee.

(3)

The Zoning Administrator transmits the recommendations and comments of members of the Site Plan Review Committee to the developer and to the Planning and Zoning Board.

(4)

The Planning and Zoning Board reviews the plan and committee comments at a scheduled public meeting and recommends approval, approval with conditions or disapproval of the plan.

a.

If the recommendation is for approval, the site plan is submitted to the City Council with a recommendation for approval.

b.

If the recommendation is for approval with conditions, the conditions must be met to the satisfaction of the Zoning Administrator who then submits the plan for approval of the City Council with all comments and conditions of the Planning and Zoning Board.

c.

If the recommendation is for denial, the developer may submit a new site plan to the Zoning Administrator or may proceed to the City Council with a recommendation for denial.

(5)

The City Council then reviews the comments and recommendations of the Planning and Zoning Board at a scheduled public meeting, and either approves, approves with conditions, or disapproves the site plan.

(C)

Minor revisions of the site plans may be reviewed and considered for approval administratively by the Zoning Administrator. The Zoning Administrator may refer the request to the Site Plan Review Committee for approval or for a recommendation to City Council for final approval. Minor revisions of site plans are revisions that do not result in any of the following:

(1)

An increase of five (5) or more dwelling units.

(2)

A change in the mix of dwelling units of over five (5%) percent.

(3)

An increase in impervious surface area by more than five (5%) percent.

(4)

An increase in nonresidential gross floor area by more than five (5%) percent.

(5)

A decrease in the amount of land area devoted to recreational space or reduction in the amount and size of recreational facilities.

(6)

A significant change in architectural style.

(7)

An adverse environmental impact.

(8)

Any change which violates a condition of site plan approval required by City Council.

(9)

Changes which exceed the standards established in subsections (3) and (4) above, provided the proposed revision does not exceed five hundred (500) square feet.

Each

site plan approved by the City Council may receive more than one administrative approval, provided the cumulative changes do not exceed the standards established in subsections (C)(1) through (9) above.

(D)

Major revisions of site plans shall follow the procedures set forth in subsections (A) or (B) of this section whichever is applicable. Major revisions of site plans are revisions that result in any of the following:

(1)

An increase of five (5) or more dwelling units.

(2)

A change in the mix of dwelling units of over five (5%) percent.

(3)

An increase in impervious surface area by more than five (5%) percent

(4)

An increase in nonresidential floor area by more than five (5%) percent.

(5)

A decrease in the amount of land area devoted to recreational space or reduction in the amount and size of recreational facilities.

(6)

A significant change in architectural style.

(7)

An adverse environmental impact.

(8)

Any change which violates a condition of site plan approval required by City Council.

(9)

Changes which exceed the standards in numbers (3) and (4) above, and which exceed five hundred (500) square feet.

(E)

For site plans within a Master Planned Unit Development with a New Community Development future land use designation, the following procedure is set forth for site plan review.

(1)

Three (3) weeks prior to the next scheduled site plan review committee meeting, all materials required in section 158.238 shall be submitted to the Zoning Administrator.

(2)

The Zoning Administrator reviews the site plan with the site plan review committee.

(3)

The site plan review committee either recommends approvals, approval with conditions or denial of the site plan, pursuant to subsection 158.236(B).

(4)

The City Council then reviews the comments and recommendations of the site plan review committee and may take the following actions:

a.

Approve the site plan with or without conditions or design modifications;

b.

Deny the site plan;

c.

Refer the site plan to the Planning and Zoning Board for further consideration as provided by subsections (B)(4) and (5) of this section; or

d.

Refer the site plan to the site plan review committee for additional consideration.

(5)

The City Council may require the submittal of additional information prior to further consideration by the Planning and Zoning Board or by the site plan review committee. If no action is taken by the City Council as provided herein, the action of the site plan review committee shall be final.

(F)

The following development shall be exempt from the site plan approval process specified in subsections 158.237(A), (B) and (E) of this chapter:

(1)

The construction of one single-family residential dwelling, including accessory structures, on a vacant, lawfully established lot.

(2)

Public works projects constructed within public rights-of-way.

(3)

Public stormwater management projects.

(4)

Development of capital improvement projects, excluding public access buildings, listed in the adopted City of Port St. Lucie Capital Improvements Plan.

(G)

The following development shall be exempt from the site plan revision process specified in subsections 158.237(C) and (D) of this chapter provided that all applicable setbacks are met and the changes are incorporated into a future major or minor revision of the site plan if applicable:

(1)

Development activity on existing, previously approved developments for the sole purpose of complying with Chapter 553, Part II, Accessibility by Handicapped Persons of the Florida Statutes.

(2)

Changes of use within a lawfully established building, provided there is adequate parking per section 158.221.

(3)

Construction associated with the installation of emergency electric power generators or solar facilities on previously approved developments.

(4)

The construction of uninhabitable accessory less than 300 square feet in size (i.e., dumpster enclosures, sheds, awnings, etc.) on previously approved developments.

(5)

The construction of fences that do not enclose vehicular parking, restrict vehicular access, enclose storage yards, or impact drainage on previously approved developments.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 06-04, § 1, 1-23-06; Ord. No. 08-29, § 2, 11-14-08; Ord. No. 09-60, § 1, 7-13-09; Ord. No. 12-08, § 1, 3-12-12; Ord. No. 15-85, § 1, 12-7-15)