Chapter 26 Sec 26.1-26.10 SITE DEVELOPMENT PLANS
LAND USE ORDINANCE 2012-02
CHAPTER 26
SITE DEVELOPMENT PLANS
Amended by Ordinances 2015-05, 2016-01
26.1. PURPOSE.
This Chapter sets forth requirements and procedures for site development plans for development to commercial, public, civic, and multi-family sites or properties. These requirements are established to encourage adequate advanced planning and assure a good quality environment for the Town. The procedures are intended to provide for orderly, harmonious, safe, and functionally efficient development consistent with priorities, values, and guidelines stated in the various elements of the Leeds General Plan, this title, and the general welfare of the community.
26.2. AUTHORITY.
The Town Council upon receiving the recommendation from Planning Commission and the Joint Utility Committee, may approve a site development plan for development as provided in this Chapter.
26.3. REQUIREMENTS.
26.3.1. Applicant.
A property owner, or the owner’s agent, may initiate a request for approval of a site development plan as provided in this Chapter.
26.3.2. Uses.
A site development plan shall be required for all development on a site or property for:
26.3.2.1. Any public or civic use.
26.3.2.2. Any commercial use (for multi-use commercial complexes see additional requirements outlined in this Chapter in section 5.4); or
26.3.2.3. Any multi-family use governed by the International Building Code (Chapter 15).
26.3.3. Plan Components.
A complete site development plan consists of a three major components: 1) Site Development Plan Application and required fees approved by Town Staff, 2) Site Analysis approved by the Town Council, and 3) construction drawings and requirements approved by the Joint Utility Committee. The individual component requirements are:
26.3.3.1. APPLICATION.
Site Development Plan Application and required fees (ask Town Staff for Application and Fee Schedule);
26.3.3.2. SITE ANALYSIS.
Consists of a Development Plan, Preliminary Utility Plan, Preliminary Grading and Drainage Plan, Preliminary Landscaping Plan, and Preliminary Building Elevations for all Buildings and/or Dwellings. A Site Analysis is intended to merely represent how the property or site could be developed, if and when approved. The Site Analysis does not require complete engineering, but shall consist of the following minimum components:
26.3.3.2.1. DEVELOPMENT PLAN.
On a minimum of 22” x 34” paper and electronic .pdf version:
26.3.3.2.1.1. Containing the proposed name of the development together with the name, address and telephone number of the owner and the owner applicant agent if different than the owner;
26.3.3.2.1.2. Drawn to scale and illustrating a realistic layout of how property reasonably will be developed considering existing and envisioned conditions on the subject property and adjoining properties, and the development standards of the zone in which the property is located;
26.3.3.2.1.3. Oriented with a north arrow and tie to a section monument;
26.3.3.2.1.4. Identifying the current zoning classification of the property on which the site development plan is located and the uses for which site development plan approval is requested;
26.3.3.2.1.5. Illustrating the existing topography showing two foot (2′) contours, identification of twenty percent (20%) or greater slopes as shown in different colors corresponding to increments of ten percent (10%) slope, and layout of proposed uses including all facilities related to the project both on and off site;
26.3.3.2.1.6. Designating the locations and dimensions of proposed features such as bicycle racks, dumpsters, trash cans, fences, benches, tables, mechanical equipment, etc.;
26.3.3.2.1.7. Depicting the location of open space(s);
26.3.3.2.1.8. Identifying the proposed access to the property, and to the development within the property, including traffic circulation patterns within and to the site and parking lot layouts;
26.3.3.2.1.9. Identifying the layout, dimensions and names of existing and future road rights of way;
26.3.3.2.1.10. Identifying setback lines as required by Leeds Land Use Ordinances;
26.3.3.2.1.11. Identifying proposed parks, playgrounds, schools, and other public facility sites, if any;
26.3.3.2.1.12. Identifying the property located within the same ownership parcel not proposed as part of the same site development plan, if any; and the adjoining property uses and ownership;
26.3.3.2.1.13. Containing a summary table of the number of acres in the proposed site development and proposed use(s); showing total gross acreage, square footage of street rights of way, square footage of building footprints, square footage of total building floor area, square footage of landscaping, number of parking spaces, and the number and type of buildings and/or dwellings, if any, in addition to the percentage devoted to each building and/or dwelling type and overall building and/or dwelling unit density; and
26.3.3.2.1.14. Containing a phased development plan, if applicable, including the proposed sequences of development.
26.3.3.2.1.15. Identify proposed signage to meet the requirements of Sign Chapter (Chapter 22)
26.3.3.2.2. PRELIMINARY UTILITY PLAN.
On a minimum of 22” x 34” paper and electronic .pdf version showing:
26.3.3.2.2.1. North arrow, scale, and site development plan underlay;
26.3.3.2.2.2. All existing and proposed utilities including, but not limited to: sewer, culinary water, secondary water, fire hydrants, storm drains, subsurface drains, gas lines, power lines, communications lines, cable television lines, and streetlights;
26.3.3.2.2.3. Minimum fire flow required by the uniform fire code for the proposed buildings, and fire flow calculations at all hydrant locations;
26.3.3.2.2.4. Location and dimensions of all utility easements; and
26.3.3.2.2.5. A letter from utility providers, addressing the feasibility and their requirements to serve the project.
26.3.3.2.3. PRELIMINARY GRADING AND DRAINAGE PLAN.
On a minimum of 22” x 34” paper and electronic .pdf version showing:
26.3.3.2.3.1. North arrow, scale, and site development plan underlay;
26.3.3.2.3.2. Existing and proposed topography contours at two foot (2′) intervals;
26.3.3.2.3.3. Areas of substantial earth moving;
26.3.3.2.3.4. Location of existing watercourses, canals, ditches, springs, wells, culverts, and storm drains, and proposed method of dealing with all irrigation and waste water;
26.3.3.2.3.5. Location of any designated floodplain and/or wetland boundaries and designated flood zones;
26.3.3.2.3.6. Direction of storm water flows, catch basins, inlets, outlets, waterways, culverts, detention basins, outlets to offsite facilities, and off site drainage facilities when necessary based on adopted town requirements;
26.3.3.2.4. PRELIMINARY BUILDING ELEVATIONS.
For all buildings and/or dwellings on the property or site on a minimum of 22” x 34” paper and electronic .pdf version showing:
26.3.3.2.4.1. Accurate front, rear, and side elevations drawn to scale;
26.3.3.2.4.2. Exterior surfacing materials and colors, including roofing material and color;
26.3.3.2.4.3. Outdoor lighting, furnishings and architectural accents; and
26.3.3.2.4.4. Location and dimensions of signs proposed to be attached to the building or structure. Signs must conform to Chapter 22 of the Leeds Land Use Ordinance.
AND
26.3.3.3. CONSTRUCTION DRAWINGS in accordance with the Leeds Design and Construction Standards and Specifications, the approved Site Analysis will be required as one of the final components of the site development plan, but are not required until after approval of the Site Analysis. Construction Drawing requirements are discussed in more detail in section 4.3 of this Chapter.
26.3.4. COMPLETE APPROVAL REQUIRED BEFORE PERMITS ISSUED AND WORK COMMENCING.
When site development plan approval is required under this Chapter, no building permit for the construction of any building, structure, or other improvements to the site shall be issued without prior approval of a site development plan. Additionally, it shall be unlawful to undertake cleaning, grubbing, drainage work, parking lot construction, or other site improvements without prior approval of a site development plan. In addition to the penalties outlined in the Leeds Land Use Ordinance, the Town of Leeds may enter legal proceedings to require any person who violates this section to return a site to the condition found prior to any disturbance.
26.4. APPROVAL PROCEDURES.
26.4.1. TOWN STAFF REVIEW AND APPROVAL.
26.4.1.1. Submittal.
Applicant shall submit to Town Staff:
(1) The Site Development Plan Application (3.3.1. above),
(2) The required fees (3.3.1. above), and
(3) A complete Site Analysis (3.3.2.1 through 3.3.2.5 above) (on a minimum of 22” x 34” paper and electronic .pdf versions for each component of the Site Analysis).
26.4.1.2. Town Staff Review.
Town Staff shall:
(1) Determine the completeness of the submitted Site Development Plan Application and Site Analysis and whether it conforms to the Leeds Land Use Ordinance;
(2) Identify potential challenges of the development of the subject property as proposed in the Site Analysis;
(3) If necessary, Town Staff shall request a meeting with the applicant to discuss the Site Analysis.
(4) Place the Site Analysis plan item on the next Planning Commission review agenda and report findings and/or recommendations to the Planning Commission to consider during its review process.
26.4.1.3. Effect of Town Staff Approval. Submittal, review, and initial approval of required components of a Site Analysis by Town Staff shall not create any vested rights to development as submitted by the applicant.
26.4.2. PLANNING COMMISSION REVIEW AND TOWN COUNCIL APPROVAL.
26.4.2.1. Planning Commission Review.
The Planning Commission shall review the Site Analysis for compliance with the Leeds Land Use Ordinance, General Plan, Town Staff’s recommendations and reports, and the Standards for approval outlined in this Chapter.
26.4.2.2. Public Hearing.
The Planning Commission shall schedule a public hearing to hear discussion on the proposed development and Site Analysis for any commercial or multi-family project which involves new construction of a building of 10,000 sq. feet or more.
26.4.2.3. Town Council Approval.
After the public hearing, the Planning Commission shall make a recommendation to Town Council at its next scheduled meeting, shall either approve, approve with conditions, or deny, the Site Development Plan Application and Site Analysis pursuant to the standards set forth in Sections 3.3.1. and 3.3.2. of this Chapter. Any conditions of approval shall be limited to conditions needed to modify the Site Analysis and site development plan so as to conform to approval standards set forth in the Leeds Land Use Ordinance and the standards set forth in this Chapter.
26.4.2.4. Nonconformance to Standards.
If the Town Council finds the proposed Site Analysis component of the site development plan fails to conform to the standards referenced in this Chapter, the Town Council shall direct the applicant to redesign the project with specific direction regarding the nonconforming elements of the project. The applicant will revise the Site Analysis based on the Town Council’s direction and submit the revised Site Analysis to Town Staff. Town Staff shall review the revised Site Analysis for completeness with the nonconforming elements outlined by the Town Council, and schedule the item for the next available Town Council meeting for re-review and approval. This process will be repeated until the proposed Site Analysis component of the site development plan conforms to applicable standards.
26.4.2.5. Effect of Town Council Approval.
A conditional approval of a Site Analysis by the Town Council is not considered approval and shall not create any vested rights to development. Review and approval of a Site Analysis component of a site development plan by the Town Council also shall not create any vested rights to development until such time as the Joint Utility Committee signs off on a complete set of engineered Construction Drawings (the final approval phase of the site development plan process).
26.4.3. JOINT UTILITY COMMITTEE REVIEW AND APPROVAL.
26.4.3.1. Submittal of Construction Documents.
Upon approval of the Site Analysis by the Town Council, the applicant shall submit to Town Staff eight (8) sets of complete construction drawings and one (1) electronic version in .pdf format prepared by a licensed engineer for all onsite and required offsite improvements in accordance with the following:
26.4.3.1.1. Leeds Design and Construction Standards and Specifications; including but not limited to:
26.4.3.1.1.1. Engineering data shall show the proposed finished grade of each parcel, the preliminary design of all grading, numeric estimate of grading activity relating to excavation and fill, the elevation of proposed building pads, the top and the toe of cut and fill slopes to scale, the number of each parcel, the elevation of adjacent parcels; and an erosion control plan.
26.4.3.1.1.2. The location and size of proposed and existing wells, septic tanks, sanitary sewers, fire hydrants, water mains, and proposed storm drains including orifice plates, existing active or abandoned storm drains, and of all reservoirs within the tract and to a distance of at least four hundred (400) feet beyond the site boundaries. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated. All water and wastewater disposal systems are required to have project feasibility approval from the Utah Department of Environmental Quality Division of Drinking Water prior to submittal. Final approvals are subject to the Planning Commission, the Town Engineer and Town Council.
26.4.3.1.1.3. All street grades shall be noted on the construction drawings.
26.4.3.1.2. Town of Leeds waste water construction standards;
26.4.3.1.3. Electric power provider’s standards and specifications;
26.4.3.1.4. Applicable fire code in consultation with the Leeds Area Special Service District;
26.4.3.1.5. Natural gas provider’s and telecommunication providers’ standards and specifications, if applicable.
26.4.3.1.6. Culinary water authority design and construction standards and specifications.
26.4.3.1.7. Irrigation water authority design and construction standards and specifications.
26.4.3.1.8. Specific geotechnical and drainage recommendations established by the soils report, if required.
26.4.3.1.9. Construction drawings shall be a minimum of twenty-two inches by thirty-four inches (a minimum of 22” x 34”) and must contain a signature block for all Joint Utility Committee members, including:
26.4.3.1.9.1. Town Engineer
26.4.3.1.9.2. Town Public Works Director
26.4.3.1.9.3. Culinary Water Authority
26.4.3.1.9.4. Irrigation Water Authority
26.4.3.1.9.5. Leeds Area Special Service District
26.4.3.1.9.6. Sewer Authority
26.4.3.1.9.7. Electric Power Provider
26.4.3.1.9.8. Natural Gas Provider
26.4.3.1.9.9. Telecommunications Provider(s)
26.4.3.2. Joint Utility Committee Agenda and Meeting.
26.4.3.2.1. Town Staff will review and determine if the construction drawing requirements are complete and Town Staff shall request placement on a Joint Utility Committee agenda for initial review of the plans and drawings submitted.
26.4.3.2.2. Applicant or applicant’s authorized representative shall attend the Joint Utility Committee meeting when the plan item is on the agenda.
26.4.3.3. Joint Utility Committee Review.
26.4.3.3.1. Each Joint Utility Committee member will receive copies of the construction drawings to review and redline. Each member will return the redlined copies of plans to Town Staff within fourteen (14) days following the Joint Utility Committee meeting date.
26.4.3.3.2. Town Staff shall return a complete redlined set of plans to applicant for corrections and keep the original redlined set of drawings for Town record.
26.4.3.4. Joint Utility Committee Approval.
26.4.3.4.1. Applicant shall submit one (1) copy of corrected construction drawings, addressing all redlined items, to the Town Engineer for re- review and approval. When the Town Engineer approves the corrected drawings and all redlined items have been addressed, the Town Engineer shall sign the construction drawings acknowledging his/her approval and return the original drawings with the approval signature to applicant.
26.4.3.4.2. Applicant must then obtain all required Joint Utility Committee member signatures on the construction drawings for the approval to be valid.
26.4.3.4.3. The applicant must provide eight (8) copies of the approved site development plan with all signatures, in addition to one (1) electronic copy in .pdf format, to Town Staff.
26.4.3.5. Effect of Joint Utility Committee Approval.
Approval of a site development plan by the Joint Utility Committee Members signatures on the construction drawings shall create vested rights to development by granting the authority to applicant to commence clearing, grubbing, and other earthwork, as well as connecting to utilities (after required permits are secured, if any are required). However, no other construction is authorized until such time as a building permit is issued, including but not limited to installation of building footings and foundations.
26.4.4. APPROVED SITE DEVELOPMENT PLAN.
Town Council approval of the Site Analysis and Joint Utility Committee members approval with all signatures on construction drawings becomes the approved site development plan.
26.4.4.1. Effect of Approval of Site Development Plan.
Every site for which a site development plan has been fully approved shall conform to the plan as approved.
26.4.4.2. Permits.
Applicant shall apply for all required building permits after approval of the site development plan. Permits shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure until the provisions of this Chapter have been met. Under no circumstances shall structures or improvements be constructed with a permit, unless shown on an approved site development plan or if required by law.
26.4.4.3. Approval is Not a Permit.
Approval of a site development plan shall not be deemed an approval of any conditional use permit or other permit. Approval of such permits shall be obtained in accordance with applicable provisions of this title. However, the Town Staff may allow the application for a conditional use permit to be considered concurrently with the site development plan application.
26.5. STANDARDS OF APPROVAL.
The following standards shall apply to the approval of a site development plan and all of its components, including the Site Analysis:
26.5.1. Condition Precedent to Approval in Overlay Zone.
In the case of a Site Analysis for an area within an overlay zone (e.g., Planned Development Overlay Zone), Town Council approval shall not be granted (even as a condition) unless and until a corresponding overlay zone has already been approved by the Town Council.
26.5.2. Entire Site Developed.
The entire site shall be included in the site development plan presented and must be developed at one time, unless a phased site development plan is submitted and approved.
26.5.3. Special Conditions.
The Town Staff, Planning Commission, Town Council, and/or Joint Utility Committee may require additional information as a condition of approval. This additional information includes, but is not limited to:
26.5.3.1. Where one or more conditions of unsuitable soil, vegetation, geology or slope exist, resulting in increased fire, flood or erosion hazards, traffic circulation problems, sewage disposal problems and potential property damage from extensive soil slippage and subsidence, an applicant shall, upon request of the Town Staff, Town Engineer, or Planning Commission, provide contour and drainage plans and/or reports, cut and fill specifications, and soil and geologic reports, or any other reports identified in the Land Use Ordinance. The required details of such reports and plans may vary depending on the severity of the unusual conditions, but in any event such plans and reports shall be reviewed and approved by the Town Staff prior to final approval of a site development plan.
26.5.3.2. Any necessary agreements with adjacent property owners regarding storm drainage or other pertinent matters.
26.5.3.3. Evidence of compliance with applicable federal, state, and local laws and regulations.
26.5.3.4. A traffic impact analysis.
26.5.3.5. Warranty deed or preliminary title report or other document showing the applicant has control of the property.
26.5.3.6. Parcel map(s) from the county recorder’s office showing the subject property and all property located within four hundred feet (400′) thereof.
26.5.3.7. Agreements and/or Letter Of Credit: In order to assure that the development will be constructed to completion in an acceptable manner, the applicant may be required to enter into an agreement and provide a satisfactory letter of credit or escrow deposit. The agreement and letter of credit or escrow deposit shall assure timely construction and installation of improvements required by a site development plan approval.
26.5.4. Multi-Use Commercial Complex.
If an applicant desires to combine multiple, compatible commercial uses on one parcel with the intent to retain ownership (“Multi-Use Complex”), individual uses shall be subject to the following additional requirements:
26.5.4.1. The overall multi-use complex shall first have been approved as a conditional use pursuant to Chapters 7 and 17 of Leeds Land Use Ordinance, which shall include an overall site development plan, development guidelines and a list of uses allowed in the complex.
26.5.4.2. Development guidelines for a multi-use complex shall, at a minimum, address the following topics:
26.5.4.2.1. General site engineering (e.g., storm drainage, provision of utilities, erosion control, etc.);
26.5.4.2.2. Architectural guidelines, including building elevations, setbacks, height, massing and scale, site coverage by buildings, materials, and colors;
26.5.4.2.3. Landscaping and open space standards;
26.5.4.2.4. Signage;
26.5.4.2.5. Exterior lighting;
26.5.4.2.6. Parking, pedestrian and vehicular circulation, and access to the site;
26.5.4.2.7. Rights of access within the center, if applicable (use of cross easements, etc.);
26.5.4.2.8. Development phasing and improvements/amenities to be completed with each phase;
26.5.4.2.9. Outdoor sales, storage and equipment;
26.5.4.2.10. Fencing and walls; and
26.5.4.2.11. Maintenance standards and responsibilities.
26.5.4.3. After approval of a multi-use complex, each use (as established by the Leeds Land Use Ordinance) therein may be approved pursuant to a building permit. Building permits for individual uses with an approved multi-use complex shall be reviewed by the Town Staff for compliance of the proposed use to the overall site development plan, development guidelines and approved use list for the multi-use complex. The Town Staff shall approve, approve with conditions, or deny the permit based on compliance with applicable conditions of the site development plan and provisions of this title.
26.5.5. Historic District Development.
If the proposed site or property is located within a Leeds Historic District as designated by the Leeds Historical Preservation Ordinance 1991-01, the site development plan shall also conform to the requirements in the Leeds Historical Preservation Ordinance 1991-01.
26.5.6. Compliance with Standards.
A Site Analysis and site development plan shall conform to applicable standards set forth in this title and other applicable provisions of the Leeds Land Use Ordinance. Conditions may be imposed as necessary to achieve compliance with applicable requirements set forth in the Leeds Land Use Ordinance.
26.6. APPEAL OF DECISION.
Any adversely affected applicant may appeal a decision of the Town Council regarding the site analysis to the Appeal Authority in accordance with the provisions of Chapter 3 of the Leeds Land Use Ordinance within 30 days of the land use decision. After the Appeal Authority issues a decision on the Appeal, the site development plan process may commence in accordance with this Chapter.
26.7. AMENDMENTS TO APPROVED SITE DEVELOPMENT PLAN.
Except as provided for elsewhere in this title, no element of an approved site development plan shall be changed or modified in any way without first obtaining written approval of an amended site development plan as follows:
26.7.1. Alteration of an approved site development plan may be approved by the Town Staff if Town Staff can make the following findings:
26.7.1.1. Any proposed use is consistent with uses already permitted on the site;
26.7.1.2. Existing uses were permitted when the site development plan was approved or a conditional use permit has been issued for the site in accordance with the site development plan;
26.7.1.3. The proposed use and site will conform to applicable requirements of the Leeds Land Use Ordinance;
26.7.1.4. The proposed alteration meets the approval standards of Section 5 of this Chapter in effect at the time of amendment submission;
26.7.1.5. The architecture of the proposed alteration, landscaping, site design, and parking layout are compatible with structures existing on the site; and
26.7.1.6. The site can accommodate any change in the number of employees on the site or any change in impact on surrounding infrastructure.
26.7.2. If the Town Staff cannot make the findings required in the foregoing paragraph, a conditional use permit or amended site development plan, as the case may be, shall be applied for and approved before any alterations or modifications occur.
26.7.3. The procedure for approval of an amended site development plan shall be the same as the procedure for approval of an original site development plan as set forth in this Chapter.
26.7.4. The amendment process for site development plans shall cease to apply upon the issuance of all applicable occupancy certificates and construction completion approval. After applicable certificates are issued, all additions and/or modifications to the site are considered new, which require a new site development plan, which shall be applied for in accordance with the provisions of this Chapter.
26.8. REVOCATION OF APPROVAL.
If applicant or any other party in interest fails to comply with approved site development plan or a condition upon which plan approval was subject, the Town may, after notice to the applicant and other parties in interest (including any holders of building permits affected) and after an administrative hearing of the Town Council (or Planning Commission):
26.8.1. Revoke the site development plan or other approval, or
26.8.2. Condition the site development plan continuance on strict compliance, the provision of security, or such other conditions as the Town may reasonably impose.
26.9. EXPIRATION.
A site development plan approval shall expire and have no further force or effect if the building, activity, construction or occupancy authorized by the approval is not commenced within one year of the date of the site plan approval. The date is determined by the date on which the Joint Utility Committee members sign off on the approved construction drawings.
26.10. APPLICABILITY.
All requirements referencing the submittal of a “site development plan” in all chapters of the Leeds Land Use Ordinance shall invoke the provisions of this Chapter, unless exempted from the requirements of this Chapter pursuant to Section 3.2 herein or another provision of the Leeds Land Use Ordinance.
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