A. Applicability and Description
1. A Signature Business Headquarters plan provides a detailed overview of a proposed Signature Business Headquarters. A Signature Business Headquarters plan review will be used to determine if the proposed development satisfies current laws, regulations, and this Chapter, and substantially conforms with the intent of the applicable master plan and approved guidelines.
2. A Signature Business Headquarters plan may be phased, with each phase approved separately under this section.
3. A Signature Business Headquarters plan may encompass all or part of any property on which the Signature Business Headquarters will be located and must demonstrate its relation to and coordination with other applicable approvals or submittals. Any amendment to a previously approved plan may follow the timeframe for review under Section 7.3.5.B.3 through Section 7.3.5.B.6, Section 7.3.5.C and Section 7.3.5.D.
B. Application Requirements
1. Ownership
a. An applicant must own the subject property or be authorized by the owner to file the application.
b. If any land or right-of-way encompassed by a Signature Business Headquarters plan application is owned or controlled by the State, County, or any other entity or agency, a written agreement or authorization from that entity or agency must be submitted with the Signature Business Headquarters plan application.
2. A Signature Business Headquarters plan application must include:
a. a legally binding commitment or other evidence accepted by the Planning Director that the Signature Business Headquarters will employ at least 20,000 individuals within a single Metro Station Policy Area;
b. an application form and fees required by the Planning Director;
c. a site map showing existing buildings, structures, circulation routes, significant natural features, historic resources, and zoning and legal descriptions on the proposed development site and within 500 feet of the perimeter boundary;
d. a list of abutting and confronting property owners in the County tax records;
e. a list of any civic, homeowners, and renters associations that are registered with the Planning Department and located within ½ mile of the site;
f. documentation of interest in the proposed development site under Section 7.3.5.B.1;
g. a statement of justification outlining how the proposed development satisfies the standards and criteria required to grant the application;
h. verification that the applicant has posted notice on the property, notified affected properties, and held a pre-submittal community meeting that followed the Planning Department's Administrative Procedures for Development Review process;
i. a Traffic Statement or Study accepted by the Planning Director, if not submitted with a previous or concurrent application;
j. environmental documentation or exemption for:
i. an approved Natural Resources Inventory/Forest Stand Delineation;
ii. a Stormwater Management Concept Application or, if required, a Water Quality Plan Application; and
iii. a final Forest Conservation Plan application;
k. existing and proposed dry and wet utility plan;
l. plans of proposed development showing:
i. use, footprints, ground-floor layout, and heights of all buildings and structures;
ii. required open spaces and recreational amenities;
iii. detailed layout and dimensions for all sidewalks, trails, paths, roadways, parking, loading, and bicycle storage areas;
iv. grading;
v. landscaping and lighting; and
m. a development program and inspection schedule detailing the construction schedule for the project.
3. The applicant must submit an initial application to the Planning Director for approval of completeness. The Planning Director must review the application for completeness within 3 days after receipt. An application is incomplete if any required element is missing or is facially defective, e.g., a drawing that is not to scale or lacks proper signatures. The assessment of completeness must not address the merits of the application.
4. The applicant must submit any required revisions to the Planning Director. The Planning Director must review the revised application for completeness within 2 days after receipt.
5. After the Planning Director verifies that the application is complete, the applicant must file the final application with the Planning Director, who will accept the application and establish a hearing date under Section 7.3.5.C.
6. Public notice is required under Division 7.5.
C. Hearing Date
The Planning Board must schedule a public hearing to begin within 60 days after the date an application is accepted. The applicant may request an extension with Planning Board approval. Any extension of the public hearing must be noticed on the hearing agenda with the new public hearing date indicated.
D. Review and Recommendation
1. State and County Agencies
a. Reviewing State and County agencies and utilities must submit comments within 15 days after the date an application is accepted.
b. The applicant must submit revised drawings to address the comments a minimum of 20 days before the date of the hearing. The Planning Director may extend the deadline if the applicant submits a written request within 5 days after the revised drawings were due.
2. Planning Director
The Planning Director must publish a report and recommendation a minimum of 10 days before the Planning Board hearing.
3. Withdrawal of an Application
The Planning Board must send a notice to all parties entitled to notice of the hearing when an applicant withdraws an application for a headquarters plan.
E. Necessary Findings
1. When reviewing an application, the approval findings apply only to the site covered by the application.
2. To approve a Signature Business Headquarters plan, the Planning Board must find that the proposed development:
a. satisfies any previous approval that applies to the site, unless exempt under Section 3.5.8.D.2 or amended;
b. satisfies the applicable use and development standards and general requirements of this Chapter;
c. satisfies the applicable requirements of Chapter 19 and Chapter 22A;
d. provides safe, well-integrated parking, circulation patterns, building massing, and site amenities;
e. substantially conforms with the intent of the applicable master plan and any guidelines approved by the Planning Board that implement the applicable plan;
f. will be located within the same Metro Station Policy Area as all other phases of the Signature Business Headquarters;
g. on a property in a master plan area that requires staging based on Non-Auto Driver Mode Share (NADMS), is exempt from the staging requirement if:
i. the applicant agrees to enter into a traffic mitigation agreement that provides an action plan for substantial achievement of the applicable NADMS goal;
ii. parking below the minimum required under Section 6.2.4 is provided; and
iii. transit, bicycle, and pedestrian infrastructure required by the applicable stage of the master plan is funded in the Capital Improvements Program or Consolidated Transportation Program, or provided by the applicant; and
h. will be served by adequate public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public facilities.
F. Decision
1. The Planning Board must act upon the close of the record of the public hearing by majority vote of those present at the public hearing to approve, approve with modifications or conditions, or deny the application. The Planning Board must issue a resolution reflecting its decision within 7 days of the Planning Board vote.
2. Any party aggrieved by a decision of the Planning Board may file a petition for judicial review of the decision within 30 days after the Planning Board's action to the Circuit Court and thereafter to the Court of Special Appeals.
3. Final Signature Business Headquarters plans must be certified by the Planning Director to confirm that the drawings reflect the Planning Board's approval.
G. Conforming Permits
For any development requiring a Signature Business Headquarters plan, DPS must not issue a sediment control permit, building permit, or use-and-occupancy permit for any building, structure, or improvement unless the Planning Board has approved a Signature Business Headquarters plan and a bond has been approved under Section 7.3.5.K.4.
H. Duration of Approval
1. A Signature Business Headquarters plan expires unless a certified Signature Business Headquarters plan is approved by the Planning Director within 24 months after the date the resolution is mailed.
2. A Signature Business Headquarters plan does not become effective until a record plat is recorded that satisfies any approved subdivision plan for the subject property.
3. Development activities under Section 7.3.5 must satisfy the certified Signature Business Headquarters plan and any conditions of approval.
4. If the Planning Board approves a Signature Business Headquarters plan, the applicant must have a building permit application, accepted by the Department of Permitting Services, that includes the core and shell of the principal building within two years of the date of the Planning Board's resolution. Within two years after the Department of Permitting Services accepts the building permit application that includes the core and shell of the principal building, the applicant must obtain that building permit. The deadlines under this section may not be extended. If an applicant fails to comply with any of the deadlines under this section, the applicable phase of the Signature Busi- ness Headquarters plan approval is revoked.
I. Recording Procedures
The certified Signature Business Headquarters plan and Planning Board resolution must be maintained in the permanent files of the Planning Department.
J. Amendments
Any property owner may apply for a Signature Business Headquarters plan amendment to change a certified Signature Business Headquarters plan. There are two types of amendments: a major and a minor amendment.
1. Major Amendment
a. A major amendment includes any request to:
i. increase density or height by more than that allowed under a minor amendment (Section 7.3.5.J.2);
ii. decrease open space;
iii. deviate from a condition of approval; or
iv. alter a basic element of the plan.
b. Public notice is required under Division 7.5.
c. A major amendment must follow the same hearing procedures and satisfy the same necessary findings as the original Signature Business Headquarters plan.
2. Minor Amendment
a. A minor amendment includes any request to:
i. increase density by up to 10% or 30,000 square feet, whichever is less, provided the increase is less than or equal to the total mapped density;
ii. increase height by up to 10%, provided the height is less than or equal to the height allowed under Section 3.5.8.D; or
iii. change an ancillary use, a parking or loading area, landscaping, sidewalk, recreational facility or area, configuration of open space, or any other plan element that will have a minimal effect on the overall design, layout, quality or intent of the plan.
A minor amendment also includes a reduction in approved parking to satisfy Article 59-6. A minor amendment does not include any change that prevents circulation on any street or path.
b. Public notice is required under Division 7.5.
c. A minor amendment may be approved by the Planning Director without a public hearing if no objection to the application is received within 15 days after the application notice is sent. If an objection is received within 15 days after the application notice is sent, and the objection is considered relevant, a public hearing is required. A public hearing must be held under the same procedures as an original application.
K. Compliance and Enforcement
1. If the Planning Board finds, after holding a public hearing or designating a hearing officer to hold a public hearing, that a property under development is not in compliance with a certified Signature Business Headquarters plan, it may:
a. impose a civil fine or administrative civil penalty authorized by Chapter 50 (Section 50-10.6.D);
b. suspend or revoke Signature Business Headquarters plan approval;
c. order a compliance program that would permit the applicant to take corrective action to satisfy the certified Signature Business Headquarters plan;
d. allow the applicant to propose modifications to the certified Signature Business Headquarters plan; or
e. take any combination of these actions.
3. If the Planning Board suspends or revokes a Signature Business Head- quarters plan, DPS must immediately suspend any applicable building permit under which construction has not been completed or withhold any applicable use-and-occupancy permit, until the Planning Board reinstates the Signature Business Headquarters plan or approves a new plan for the development.
4. The Planning Board may require the applicant to post a commercially acceptable form of surety securing compliance with and full implementation of specified features of the certified Signature Business Headquarters plan in an amount set by the Planning Board. If such surety is required, DPS must not issue a building permit or use-and-occupancy permit until such surety is accepted.
(Legislative History: Ord. No. 18-45, §5.)