(A) The staff shall determine whether an application for an improvement location permit, zone map change or other similar application is for a development of broad significance, as defined in this chapter. The staff's determination may be appealed to the Plan Commission. If the proposed project or activity is determined to be a development of broad significance, the terms of this subchapter shall apply.
(B) An applicant for a development of broad significance shall submit to the staff a narrative describing the project and the reasons for the selection of the proposed location, an area location map and a site plan showing the following:
(1) Proposed use of land;
(2) Arrangement of all buildings and structures;
(3) Location of streets and driveways, parking and loading areas;
(4) Utility lines;
(5) Sewerage and water facilities;
(6) Approved drainage plan according to the appropriate city or county drainage ordinance; and
(7) Landscaping and other pertinent features.
(C) The Commission shall schedule and conduct a public hearing on the proposal in the same manner as for amendments to the zoning map as set forth in § 152.007.
(D) For each application for a development of broad significance, the Commission shall report to the legislative body its findings and recommendations, including the stipulation of the conditions and guarantees as the Commission deems necessary for the protection of the public interest.
(E) The legislative body shall act on the application in the same manner as an application for amendment to the zoning map, as set forth in § 152.007.
(F) After approval of the development of broad significance, if the proposed development differs substantially from that shown on the approved site plan, application must be made to the Commission to amend the site plan. The executive director may authorize minor modifications that do not:
(1) Alter the basic relationship of the proposed development to adjacent property;
(2) Change the uses permitted;
(3) Increase the maximum density, floor area, or height by more than 15%;
(4) Decrease the amount of off-street parking;
(5) Reduce the minimum setbacks by more than 15%; and
(6) Alter site ingress or egress, or create a substantial change to on-site circulation. Upon submission of a request for a minor modification, the executive director shall have ten working days to respond to the petitioner, by either approving or rejecting the request. An applicant may appeal the decision of the executive director to the Commission.
(G) Standards. The following are guidelines for the Commission in acting upon applications for Developments of Broad Significance:
(1) The establishment, maintenance or operation of the development of broad significance will not be detrimental to or endanger the public health, safety, morals, convenience or general welfare.
(2) The development of broad significance will not be injurious to the use and enjoyment of the other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
(3) The establishment of the development of broad significance will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4) Adequate utilities, landscaping, buffering and other necessary facilities will be provided. In addition, the site plan shall indicate that the lot area and access to the site are adequate for the use contemplated.
(5) The development of broad significance shall be permitted only if the public streets, drainage facilities and utilities are adequate to serve the proposed development. Public utilities shall have sufficient capacity to serve the development. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Any public or private streets that will be improved to serve the development of broad significance shall be developed under the same requirements as those outlined for streets in Chapter 150 of this code of ordinances. Drainage facilities shall be designed and approved as outlined in the appropriate city or county drainage ordinance.
(6) Approval of the design of any installed public improvements to be dedicated must be obtained from the appropriate operating authority prior to recommending, approving or modifying the improvements under a development of broad significance. Before the Commission recommends or approves a development of broad significance plan showing park reservations or land dedicated to any local governmental unit, the Commission shall obtain approval of the reservation or dedication of the land from the participating jurisdiction.
(7) When public improvements are developed, the developer or authorized representative shall be required to post financial guarantees of performance and maintenance for such improvements under the same bond requirements as those outlined in Chapter 150 of this code of ordinances.
(H) Limitations. The use of every development of broad significance shall be limited to the use first lawfully established therein. If the use shall thereafter be abandoned, or in the event the use has not been established within two years after the date of granting thereof, the area comprising the development of broad significance shall by Commission action have the use designation declared to be extended for a specified period of time.
(I) Conditions. Prior to the granting of any development of broad significance, the Commission may recommend and the legislative body may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the development as is deemed necessary for the protection of the public interest, and to secure compliance with standards and requirements. In all cases in which developments of broad significance are granted, the legislative body may require such evidence and guarantees as it deems necessary as assurance that the conditions stipulated in connection therewith will be complied with.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)