(a) Notice to Applicants. Notice is hereby provided to all applicants that:
(1) Approval of PUD zoning classification shall not be deemed approval of a specific site plan or approval of a zoning permit;
(2) The issuance of a City zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and
(3) In accordance with divisions (c) and (d) of this section, unless an extended approval period is granted by City Council, approval of any specific site plan shall expire if actual construction has not been completed in either phases or its entirety in the area of approval for the respective specific site plan within five years from the effective date of City Council approval of the plan. In accordance with Section 1154.04(f), the specific site plan shall proceed through the review and approval process as per divisions (g) - (k) of this section, and shall be approved by City Council. The applicant shall submit a specific site plan application only after the subject property has been granted PUD zoning classification approval; however, an applicant may elect to submit the specific site plan application at the same time as submission of PUD zoning classification application. If the applicant elects such option, a PUD zoning classification application, as per Section 1154.05(c), and a related specific site plan application, as per division (d) of this section, shall be simultaneously submitted by the applicant and reviewed concurrently by the City as per Section 1154.04(f). All specific site plan applications shall incorporate a minimum area of five acres (phasing). In cases in which the total gross area of the property approved for PUD zoning classification is less than five acres, the specific site plan shall incorporate 100% of the PUD property. In all cases the area incorporated in a specific site plan shall be contiguous.
(b) Expiration of Specific Site Plan Approval. Unless an extended approval period is granted in accordance with division (c) of this section, approval or approval with supplementary conditions of any specific site plan shall expire if, in the judgment and determination of the City, the actual completion of construction has not been completed in either phases or its entirety in the approved area of the respective specific site plan within five years from the effective date of City Council approval of the respective plan. In the event of expiration of an approved specific site plan, the applicant shall start afresh, submit a specific site plan application in accordance with Section 1154.04(f) and division (d) of this section, and the application shall proceed through the review and approval process as per divisions (g) - (k) of this section.
(c) Extension of Specific Site Plan Approval Period. Upon request by the owner, a one-time only, administrative extension of the five-year approval period for a specific site plan may be granted by the City Council. In the event such an extension is granted the period of extension shall not exceed two years. The owner shall submit a written request for an extended site plan approval period to the Director. The written request shall be submitted no sooner than nine months prior to, but no later than 90 days prior to the expiration date of the approved specific site plan which is the subject of the request for approval period extension. The written request shall include the necessity for the extension; submission of documentation and evidence that the owner has made a reasonable effort to begin the actual start or completion of construction; the reason(s) why construction has not actually started or been completed to date and will not start prior to expiration of the specific site plan; the requested length of time to extend the specific site plan approval (not to exceed two years); a description of the impact and major effects upon the full PUD project if the requested extension is not approved; a description of the major effects upon the full PUD project if the requested extension is approved, including changes in phasing or staging plans; and a revised time schedule showing the date when construction will actually start for the area of the specific site plan and, if applicable, the remaining areas of the complete PUD project. Within 30 days from the Director’s receipt of the owner’s written request the Director shall forward the owner’s request and the Director’s comments and recommendation to the City Council. Within 30 days after City Council receives the request and the Director’s comments and recommendations, the Council shall take administrative action upon the request. The City Council shall, by resolution and administrative action, deny the request for extension, approve the request for extension as submitted, or approve the request for extension for a lesser period of time than requested by the owner. Any extension of approval period for a specific site plan shall become effective and begin to run on the date of Council approval of such extension. Council shall approve an extended approval period for a specific site plan only when the following conditions are satisfied:
(1) The owner has submitted a written request for an extended approval period for the specific site plan;
(2) The subject property concurrently has a PUD zoning classification;
(3) The approval period for the specific site plan has not been previously extended by City Council;
(4) An extension of approval period for the specific site plan will not cause the City to breach any PUD agreement made with the owner;
(5) The owner, in the judgment of the Council, has taken reasonable steps and made reasonable efforts to actually start or complete construction;
(7) An extended approval period for the specific site plan promotes the health, safety and general welfare of the present and future inhabitants of the City; and
(8) The period of extension for the specific site plan does not exceed two years.
(d) Specific Site Plan Application. The applicant shall, in accordance with Section 1154.04(f), officially file an application for a specific site plan with the Planning Department, and shall make payment to the City in an amount equal to the established filing fee applicable to the specific site plan application for the proposed development. As per division (e) of this section, the specific site plan shall substantially conform to the PUD zoning plans, concepts, schedules, development information and conditions as approved or as approved with conditions by City Council. The application shall contain an original application and copies of all required application materials in a quantity specified by the Planning Department. The application shall contain, but not be limited to, the following information:
(1) Name, address and telephone number of the applicant. If the applicant is not the sole owner of the subject property the application shall contain the name, address and telephone number of all owners of the property;
(2) Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on and with the application. If the applicant is not the owner of the property proposed for the specific site plan, the applicant shall submit a current notarized, written statement from the property owner(s) appointing the applicant as the owner’s agent. The statement shall further acknowledge the owner’s consent to be bound by the application, by any agreement made by the agent, and by all decisions made by the City on this matter;
(3) The legal description of the property incorporated in the proposed specific site plan;
(4) A location map showing the area proposed for specific site plan approval and all properties within 500 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval. The applicant shall provide a list of the names and addresses of all owners of properties within 200 feet from the exterior boundaries of the area proposed for PUD zoning. The names and addresses of property owners shall be those available from the Montgomery County Auditor’s Office and current within 14 days prior to submission of specific site plan application to the Planning Department. If the review and approval process of the application is substantially delayed, the Director may require the applicant to submit an updated list of names and addresses of owners of such properties;
(5) A detailed site plan at a scale no smaller than one-inch equals 100 feet, showing, at minimum, the location, outline and use of all structures, all proposed public rights-of-way, access easements, vehicular streets and parking areas, pedestrian walkways and paths, and bikeways, any proposed recreation facilities and areas, and any sites for public facilities. If the proposed project is a multiple PUD project, the detailed site plan may incorporate portions of individual PUD’s that compose the multiple PUD. The applicant shall furnish 8 ½" X 11" transparency of this information suitable for projection by use of an overhead transparency projector onto a viewing screen, as well as an electronic formatted copy suitable for PowerPoint presentation.
(6) All proposed vehicular parking areas shall be shown by total number of spaces, setbacks from structures and lot lines, dimensions of each parking space, location and dimensions of handicapped parking spaces, access aisles, points of ingress and egress, and landscaped areas. Fire lanes and location of “Fire Lane - No Parking” signs shall be shown;
(7) The dimensions, height, gross floor area, entrances and setbacks of all structures;
(8) The principal type of use, gross leasable floor area and entrances for all proposed business, office, industrial and nonresidential structures;
(9) Right-of-way width and street names for all proposed public and private streets and rights-of-way;
(10) A map with contour intervals of two feet which shows the proposed final topography of the development site;
(11) Engineering studies and plans showing, to the extent determined appropriate by the City, street improvements, nature and extent of earth work required for site preparation and development, location and size of water, sanitary sewer and storm drainage control systems, and waste disposal systems;
(12) Location of fire hydrants and any fire connections to buildings;
(13) Any proposed street widening improvements and turn lane improvements adjacent to the project area;
(14) Lighting plans showing location and type of all proposed external lighting of parking, building and landscaped areas, streets and accessways;
(15) The amount of open space and its percentage of developed areas for each phase of development;
(16) When a planned unit development includes provisions for common open space, access easements, recreational facilities, or drainage control facilities, a statement describing the provisions for the care and maintenance thereof is required. If it is proposed that such open space or facilities be owned and/or maintained by an entity other than a governmental authority, copies of proposed documents assuring maintenance and care and covenants running with the land shall be submitted. If it is proposed that such open space or facilities shall be owned and maintained by a governmental entity, a copy of its acceptance shall be filed in conjunction with this application; and
(17) Any additional information that may be required by the Director within 15 days of the date of submission.
(e) Specific Site Plan Conformance with Approved PUD.
(1) An officially filed specific site plan shall substantially conform to the PUD zoning plans, concepts, schedules and development information as approved by City Council. If the Director or the Planning Commission determines that the officially filed specific site plan does not substantially conform, the applicant may either modify the specific site plan to the extent necessary for substantial conformance and resubmit for review, or start afresh and submit a new specific site plan for review, or apply for an amendment to the PUD zoning classification ordinance. Notwithstanding Section 1154.04(f), a submitted specific site plan shall not be considered officially filed if the Director determines prior to Planning Commission review that the submitted specific site plan does not adhere to the substantial conformance requirement.
(2) At the discretion of the Planning Commission, a submitted specific site plan that contains modifications to the plans, concepts, schedules and development information as approved by City Council, may be determined to substantially conform. In no event shall a specific site plan be determined to substantially conform if the specific site plan involves changes in permitted uses as per Section 1154.08, or changes which result in exceeding any limitation or any maximum amount imposed by an ordinance originally granting or amending the PUD zoning classification for the subject property.
(f) Planning Commission Public Hearing and Notice. The Planning Commission shall hold a public hearing on an officially filed specific site plan application within 30 days after the application’s official filing date. Before holding such hearing, notice of the hearing shall be given in accordance with Section 1109.02(c) of the Codified Ordinances. Notwithstanding Section 1109.02(c) of the Codified Ordinances, notice shall also be provided by certified mail at least 20 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be given to all owners of property located within 200 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval. Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed specific site plan. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application.
(g) Recommendation by Planning Commission. Within 30 days after completion of the public hearing required in division (f) of this section, the Planning Commission shall take administrative action and, by resolution, recommend to the City Council that the submitted specific site plan be approved as presented, or approved with supplementary conditions or modification, or disapproved. The Commission shall then transmit all papers constituting the record and the resolution containing the Commission’s recommendation to the Council. All resolutions for specific site plan recommendations to City Council shall indicate the Commission is taking administrative action, and if the Commission’s recommendation is for approval with supplementary conditions, the resolution shall fully express such conditions. If the Planning Commission determines in order to conduct a sufficient review and make its recommendation that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission’s study is complete.
(h) Criteria for Planning Commission Recommendation. Before making a recommendation for approval or approval with supplementary conditions in accordance with division (g) of this section, the Planning Commission shall find, by resolution, that the facts submitted with the specific site plan application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for specific site plan approval as per division (k) of this section.
(i) City Council Public Hearing and Action. Within ten days after the receipt of the Planning Commission recommendation, the Clerk of the City Council shall set a date for a public hearing and such hearing, notwithstanding Section 1109.02(f) of the Codified Ordinances, shall be held as soon as reasonably possible thereafter, not to exceed sixty (60) days from the date of the original Planning Commission recommendation. The public hearing shall be for the purposes of taking administrative action on the proposed specific site plan. Following the schedule hearing the City Council shall, by motion, approve, approve with supplementary conditions, or disapprove the proposed specific site plan. Approval of such motion requires a vote of at least four members of the Council. If the Council approves the specific site plan with supplementary conditions, the motion for approval shall fully set forth such conditions and be fully recorded in the meeting minutes. As the basis for City Council approval of a specific site plan, with or without supplementary conditions, Council shall find that the facts submitted with the application and any accompanying materials, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for specific site plan approval as per division (k) of this section. If the standards and criteria of division (1) of this section are not satisfied, Council shall disapprove the specific site plan and shall make findings of fact indicating which particular standards and criteria are not satisfied. If the City Council determines in order to conduct a sufficient review and make it decision that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council’s study is complete. Any decision rendered by City Council shall be completed within 60 days from the Planning Commission’s recommendation.
(j) Notice of City Council Public Hearing. Before holding the public hearing specified in division (i) of this section, notice shall be provided in accordance with Section 1109.02(f) of this code. Notwithstanding Section 1109.02(g) of this code, notice shall also be provided by certified mail at least 20 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval. Mailed, newspaper, and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed specific site plan. The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application.
(k) Standards and Criterial for Specific Site Plan Approval. A specific site plan shall only be approved when the following standards and criteria are satisfied.
(1) The specific site plan complies with the purpose and intent of this Zoning Code and the Planned Unit Development designation;
(2) The proposed development carries out the purpose and intent of the City land use plan;
(3) The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the City;
(4) The specific site plan substantially complies with the substantial conformance requirement of division (e);
(5) The proposed development has no significant detrimental impact that outweighs the development’s benefits to the community;
(6) The proposed streets and driveways on the site of the proposed development will be adequate to serve the residents, occupants or users of the proposed development, and the specific site plan, along with any necessary off-site vehicular circulation improvements, provides adequate vehicular ingress and egress and will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;
(7) The proposed development minimizes conflicts between vehicular, pedestrian and bicycle circulation patterns and movement;
(8) The benefits of the proposed development mitigate any burden on public services and facilities, including fire and police protection;
(9) Existing and proposed utility services for the projected demand during all phases of development and at full completion of development;
(10) The proposed development complies with applicable requirements and conditions of Section 1154.04;
(11) Each individual section, phase or sub area of the development, as well as the total development, can exist as a functionally independent environment. In the alternative and at the discretion of the City, adequate assurance has been provided by the applicant and to the satisfaction of the City that such objective will be achieved;
(12) The design and other amenities incorporated in the proposed development will provide increased benefits to the residents, occupants, users and the community and such design and other amenities are in accord with the planned unit development provisions of this Zoning Code and other applicable ordinances of the City; and
(13) The proposed development contains such covenants, easements, and other such forms of property rights and control as may reasonably be required for the maintenance and care of common, private facilities and for the public health, safety and welfare. If governmental ownership of common open space, recreational facilities, or other common facilities is planned, a copy of its acceptance must be filed with the application.
(Ord. 46, 2015. Passed 9-8-15.)