§ 23-222. Site plans.

Sec. 23-222.1 Purpose and intent.

a. The public health, safety, comfort, and welfare require the harmonious, orderly, and progressive development of the land within the corporate limits of the City of Lake Wales. Once land has been developed, the correction of defects is costly and difficult. Substantial public responsibility is created by each new development, involving the maintenance of streets and drainage facilities, and the provision of additional public services. As the general welfare, health, safety, and convenience of the community are thereby directly affected by the use of land, it is in the direct interest of the public that developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards.

b. Consideration shall be given in the review of site plan applications to the character of an area and the availability of public facilities to ensure the compatibility and coordination of land uses and facilities within a given geographic unit and to ensure the following:

1. The establishment of standards for site design which will encourage the development of sound and stable areas within the corporate limits of the City of Lake Wales.

2. The adequate and efficient supply of utilities, streets, and services to new land developments.

3. The prevention of haphazard, premature, or scattered land development.

4. The prevention of traffic hazards and congestion from excessive ingress and egress points along major traffic arteries, and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land development.

5. Safety from fire and other dangers to promote health and the general welfare.

6. Protection from flooding hazards and to ensure proper water management.

7. The provision of public open spaces in new land developments through the dedication or reservation of land for recreational, educational, and other public purposes.

8. The maintenance of minimum standards for visual, design and aesthetic development of properties in the city.

9. Protection of the natural and scenic resources of the city, including surface waters and groundwater recharge areas.

Sec. 23-222.2 Applicability.

a. The procedures contained in this section are applicable to all projects which involve:

1. the construction of any facility other than a single-family dwelling on an individual lot or major appurtenances thereto (e.g. private swimming pool, yard, fence, newsrack, etc.) or one (1) duplex (two (2) dwelling units) on an individual lot. (See section 23-212 for requirements for single-family and duplex structures);

2. substantial improvements to a site or building and the expansion or conversion of existing structures, including expansions or changes in parking area layouts;

3. the change of use of a site or structure if for establishment of the new use, changes in the site (such as the addition of parking spaces) are necessary to achieve compliance with this chapter;

4. a special exception use permit.

No building permit shall be issued by the city and no site work shall be commenced by the developer until a preliminary site plan has been approved by the administrative official or the planning board, as applicable.

Upon preliminary site plan approval and issuance of a building permit, the development shall be built in strict accordance with the approved preliminary site plan and these regulations.

The provisions of this section shall not apply to public construction projects undertaken by the City of Lake Wales except to the extent that the city manager determines that a particular project will benefit from review by the development review committee.

(Ord. No. 2007-02, § 2, 3-6-07)

Sec. 23-222.3 Application requirements for submittal of site plans.

a. Preapplication conference. It is required that the applicant schedule a pre-application conference with the administrative official to discuss the proposed development no less than two (2) weeks prior to submitting formal application for the preliminary site plan. The purpose of this conference is to review the feasibility of the proposed development and any potential waivers or variances.

The applicant must submit a boundary survey or conceptual plan illustrating lot dimensions to scale, existing site conditions including stands of trees, the locations of water bodies and wetlands, existing structures and other site improvements, and a written description of the proposal. Information sufficient to identify natural features of the property shall be provided by the applicant, such as aerial photographs, topographic maps, flood maps, vegetation surveys, and wetlands maps.

The administrative official shall advise the applicant regarding the proposed development in relation to the provisions of this chapter, particularly the land development requirements of article III, div. 1, the district regulations of article IV, div. 1 and the concurrency requirements of article VII, div. 1.

b. Determination of major and minor projects. Following the pre-application conference, a preliminary determination shall be made by the administrative official as to whether the proposal is a major or minor project, based upon the criteria below. A major project requires review by the development review committee and review and decision by the planning board. A minor project requires review by the development review committee and a decision by the administrative official.

1. Major project. An application meeting any of the criteria below shall be classified as a major project:

A. The project will have more than one (1) principal building on the site or meets the definition of a "shopping center" or "business center";

B. A special exception use or a significant change to a special exception use is approved.

C. The project involves a request for waiver of strict compliance with requirements of the land development regulations.

D. A change is proposed which affects a condition of approval or commitment by the applicant on an existing major site plan or special exception use permit.

E. The proposal increases the non-conformity with provisions of this chapter.

2. Minor project. All projects not meeting the criteria for a major project shall be considered minor projects unless determined by the administrative official to warrant review as a major project. Construction or alteration of a single-family residence or duplex on a single lot requires review under section 23-212, verification of zoning compliance.

c. Preliminary site plan application.

1. The application for preliminary site plan approval shall include a completed application form, a site plan meeting the requirements of section 23-222.8, and the application fee pursuant to section 23-242. The application form, number of copies of plans, and deadlines for submission shall be set forth in the procedures manual maintained by the administrative official.

2. If waivers of strict compliance from the design standards of this chapter are requested, the application shall state the specific waivers requested and reason(s) for the waiver.

3. Projections of impacts of the development upon roadways, sewer and water, public drainage and recreation facilities shall be submitted with the preliminary plan as required under subsection 23-704.4(c).

4. In a multi-phased project, all phases must be addressed on the preliminary site plan.

5. An incomplete application will not be accepted and will be returned to the applicant without review.

Sec. 23-222.4 Preliminary site plan review and approval.

a. Development review committee. Upon acceptance of the application as complete, the administrative official shall schedule the application for review by the development review committee at its next regular meeting. All preliminary site plans shall be reviewed by the development review committee to determine that the plan meets the requirements of this chapter.

1. Minor projects. For a minor project, the administrative official shall determine, after consultation with the development review committee, if the project complies with the requirements of this chapter. The administrative official shall approve the preliminary plan if the project is found to be in compliance or may approve the plan with conditions if adjustments are necessary for compliance. If the proposed project is found not to be in compliance with this chapter, the administrative official may, after consultation with the applicant, request a revised plan, deny the plan with specific reference to the deficiencies, or submit the plan to the planning board as a major project requesting waivers. The site plan shall also be reviewed under the concurrency provisions of Article VII, Div. 1. The site plan shall not be approved if the concurrency provisions of Article VII, Div. 1 are not met.

The administrative official shall have the authority to direct any site plan to planning board review and approval, regardless of the criteria for major and minor projects. The administrative official's decision shall be based upon an assessment of the project's potential for negative impacts upon nearby properties or public facilities, the need for protection of the public interest by formal planning board review of the project, and/or the existence of unusual conditions associated with a site, project or an application.

2. For major projects, after completion of review by the development review committee in accordance with paragraph A., B. or C. below and based upon the findings of the development review committee, the administrative official shall make a written recommendation to the planning board for approval, approval with conditions, or denial of the preliminary site plan.

A. The development review committee shall review the application in relation to the purpose and requirements of the land development regulations and may forward the application for review to the planning board or administrative official, as applicable, with recommendations or may continue their review with a request for further information or revisions. Within three (3) days of the meeting, the administrative official shall inform the applicant in writing of the decision of the development review committee with specific reference to their findings.

B. If the application review is continued by the development review committee, the applicant shall provide the administration official with the requested information or revised plans at least two (2) weeks prior to the next regularly scheduled meeting of the development review committee in order to be placed upon the development review committee's agenda.

C. In the case of applications which are continued by the development review committee, the applicant shall be granted, upon his request, a one-month extension of time for review by the development committee. Further requests for extensions may be granted at the discretion of the development review committee. Upon expiration of any extension granted by the development review committee, the application may expire and the fee shall be forfeited.

D. At the request of the applicant prior to the expiration of any extensions granted by the development review committee, the application shall be forwarded to the planning board for review and decision without a recommendation from the development review committee. In making its decision, the planning board shall consider the reasons stated by the development review committee for continuing the review.

3. For Master Development Plans (MDPs), preliminary site plans shall be prepared for individual phases or subphases of development. 

A. The administrative official shall determine, after consultation with the development review committee, if the project complies with the approved MDP and Development Order, as well as Master Development Plan requirements set forth in sections 23-450 and 23-228. 
B. If the preliminary site plan is found to be in compliance with the Master Development Plan, the administrative official shall approve the plan. Approval may include conditions of approval, if adjustments are necessary for compliance.
C. If the preliminary site plan is not found to be in compliance with this chapter, the administrative official may, after consultation with the applicant, request a revised plan, or deny the plan with specific reference to the deficiencies.
D. The site plan shall be reviewed to confirm compliance with provisions of Article VII, Div. 1. The site plan may be approved if concurrency provisions of Article VII, Div. 1 are met.

b. Planning board review. The planning board shall review the application with reference to the requirements of this chapter, particularly the land development requirements of Article III, Div. 1, the district regulations of Article IV, and the concurrency requirements of Article VII, Div. 1. Based upon their review of the information presented by the application, the recommendations of the administrative official, and in consideration of the express purpose and intent and requirements of this chapter, the planning board shall either approve, approve subject to stated conditions, or deny the preliminary site plan. Where the planning board either denies or approves with conditions, they shall enter specific findings of fact delineating their reasons.

(Ord. No. 2007-14, § 1, 6-5-07)

Sec. 23-222.5 Waiver of strict compliance. Upon a finding that there is reasonable cause for granting a request for a waiver, the planning board may waive strict requirements of this chapter in regard to the number and paving of off-street parking spaces, landscaping requirements, and dimensional requirements for site circulation and access.

In deciding upon requests for waivers, the planning board shall endeavor to adhere to the requirements of this chapter to the extent possible and to minimize deviations from its requirements. The granting of waivers may be subject to conditions. Waivers may not be granted for required building setbacks. (See appeals procedures in section 23-244.) Waivers shall be granted only if safety is not compromised.

Reasons for granting such waivers may include:

a. The waiver is requested because existing legal non-conformities on the site present difficulties in meeting the provisions of this chapter. Redevelopment of sites shall be facilitated through the granting of waivers, provided such waivers do not result in over-development or use of a property.

b. The planning board finds that off-street parking requirements are excessive based on the particular circumstances of the application or proposed characteristics of use such as shared parking arrangements, hours of operation or scheduling, or proximity of public parking.

c. Granting of the waiver allows for a superior site layout or buffering in terms of safety or compatibility with the neighborhood.

(Ord. No. 2007-02, § 3, 3-6-07)

Sec. 23-222.6 Appeal of administrative determination. The planning board shall hear and decide appeals of administrative determinations regarding a preliminary site plan. Such administrative determinations include, but are not limited to, administrative denial of an application, conditions associated with administrative approval of an application, or administrative interpretation associated with the processing of the application.

Sec. 23-222.7 Time limit on approval. The approval of the preliminary site plan shall expire two years from the date of approval unless an application for a site development permit has been received or a building permit for a principal building has been issued. An extension of time may be applied for (and granted in one-year increments) by the developer by submitting a letter of request to the administrative official and the required fee. (See Table 23-242.) The request for time extension may be approved by the administrative official or the planning board in accordance with the manner in which the original approval was granted.

(Ord. No. 2007-14, § 1, 6-5-07;Ord. No. 2016-21, § 2, 12-06-16)

Sec. 23-222.8 Preliminary site plan requirements. The preliminary site plan shall be twenty-four (24) inches by thirty-six (36) inches and shall be drawn at a scale sufficient for clear presentation of existing and proposed site features, preferably one (1) inch equals twenty (20) feet or one (1) inch equals forty (40) feet.

The following information shall be shown on the plans, except that some of the following requirements may be waived by the administrative official for minor site plans:

a. Location. North arrow, graphic scale and vicinity map showing the location of the proposed site, relationship to surrounding streets and thoroughfares, existing zoning on the site and surrounding areas, names of adjacent property owners, existing land use on the site and surrounding areas within five hundred (500) feet.

b. Title block. Name of name and address of the owner of the tract proposed for development; the name of the applicant, if different from the owner, and the name, address, and telephone number of the engineer and surveyor engaged to prepare the design and the preliminary development plans. Date of plan and any revisions.

c. Legal description and boundaries. Legal description with reference points used for determining the point of beginning of description, and project boundary lines with bearings and distances. Boundary lines of any proposed phases. Easements, existing and proposed, and their locations, widths, bearings and distances.

d. Site information.

1. Contours, existing and proposed, at not greater than five-foot intervals.

2. A topographic survey including flood-prone delineations. The most recent FEMA and SWFWMD topographical survey and flood-prone mapping may be utilized.

3. A soils survey, which may be based on the most recent Polk County Soils Survey, drawn to the same scale as the preliminary site plan, clearly identifying all soil types especially those which are apparently not suitable for buildings or major structures due to soils limitations.

4. All lakes, wetlands, water courses, stands of trees and areas of other vegetation, and other pertinent features will be indicated. An aerial photograph at a scale sufficient to identify natural features may be required by the administrative official. Tree cover will be compared with road locations. Natural features, including trees, to be preserved shall be indicated.

5. Tree survey showing all trees over four (4) inches in caliper at four and one-half (4-½) feet above ground, except that those trees exempt under section 23-214 need not be shown. (Note: may be shown on separate sheet. May be waived by administrative official.)

e. Proposed development.

1. Streets and rights-of-way, existing and proposed, on and adjacent to the project and their names, locations, widths, bearings and distances.

2. Utilities, existing and proposed, on and adjacent to the project including sanitary sewers, storm water drainage, storm water retention areas, potable water supply, water supplies for fire protection, and overhead utility lines.

3. Parking lot access points, interior traffic circulation, arrangement and number of parking spaces and aisles widths.

4. Building envelopes with dimensions and distances from water bodies, adjacent buildings and rights-of-way.

5. Proposed green areas with dimensions and acreage. Proposed recreation areas, showing dimensions of any proposed building or facilities including pedestrian and bike paths.

6. Proposed buffers, walls or other features, with dimensions.

7. Dumpster and recycling pad locations and proposed screening method.

8. Landscape plan on separate sheet; plan must indicate all sewer lines, water lines, and overhead utility lines in order to prevent planting of trees in easements where they will interfere with public utilities.

9. Widths and materials for proposed sidewalks.

10. All projects shall include a minimum of two (2) architectural elevation drawings, of proposed building types with colors and materials noted.

f. Data, clearly marked on plan or in tables, showing the following for each phase:

1. Acreage of project and phases, if applicable.

2. Total number of units (residential) or building floor areas.

3. Typical building characteristic, including dimensions, building footprints, floor area, number of units, density, and number of stories.

4. Intensity information:

A. Total acreage of building footprints;

B. Total acreage of paved areas, including access ways, streets, parking areas;

C. Total acreage of retention ponds or other water and wetlands;

D. Total acreage of conservation area;

E. Total acreage of recreation area and open space, listed by parcel;

F. Number of parking spaces, broken down by area which they serve, and showing parking spaces provided and required by use;

G. Square footage of unit types;

H. Percent impervious and percent building coverage.

g. Assurances. Statement assuring perpetual ownership and maintenance of common areas, if applicable.

h. A statement on the plan, requesting any waivers, if any.

i. Development impact data. Data required for concurrrency review under subsection 23-704.4(a) shall be provided.

Sec. 222.9 Final Site Plan. A final site plan shall be required when deemed necessary by the administrative official to reflect changes required or agreed to during the review process. However, the applicant must comply with the survey requirements of section 23-212.

Sec. 23-222.10 Enforcement provisions.

a. General. No site development permit, building permit, or certificate of use shall be issued, except in compliance with the approved site plan.

b. Site maintenance obligation. The owners and successors of property developed under an approved site plan shall not remove, destroy, modify, subvert or render inoperable, through act or omission, any of the improvements, designs, standards or conditions required either directly or indirectly by these regulations.

c. Penalties for violations. Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this section, or permits any such violation to continue, or otherwise fails to comply with the requirements of this section or of any plan or statement submitted and approved under the provisions of this section, shall be guilty of an ordinance violation and subject to prosecution. Upon conviction such person shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. At the option of the city, any violation may be processed through the city's code enforcement board as an alternative to prosecution under this subsection. Nothing herein contained shall prevent the city from taking such lawful action, including, but not limited to, resorting to equitable action, as is necessary to prevent or remedy any violation.

(Ord. No. 2006-24, § 1, 6-6-2006; Ord. No. 2016-21, § 2, 12-06-16; Ord. No. 2020-27, § 1, 10-20-20)