A.
Applicability. The following procedures apply to any plan or application
under this Section 3.5.
B.
Determination of completeness. No application may be accepted for
processing or approved until the Responsible Official specified in
this Section 3.5 or subsection 1.2.5 for each plan or permit type
issues a Certificate of Completeness.
C.
The Responsible Official will not accept an application for processing
unless the application is accompanied by all documents required by
this UDC and prepared in accordance with applicable requirements of
this UDC and as may be reasonably required by the Responsible Official.
1.
The Responsible Official will issue a Certificate of Completeness
in accordance with the following procedures:
(i)
The Responsible Official will issue a Certificate of Completeness
no later than the tenth (10th) business day following the Official
Vesting Date, as applicable (see table above).
(ii)
The Responsible Official will notify the applicant
that the application is incomplete no later than the tenth (10th)
business day following the Official Vesting Date, as applicable.
(1)
The Responsible Official will provide notice by
the U.S. Postal Service or by electronic mail based on information
provided by the applicant on the application.
(2)
The notice will specify the documents or other
information needed to complete the application and provide the date
the application will expire if the requested documents or other information
are not provided to the City.
(3)
A typographical error does not constitute an incomplete
application.
(iii)
If the Responsible Official fails to serve notice,
the application is considered complete on the eleventh (11th) business
day following the Official Vesting Date.
(iv)
If the Responsible Official issues a Certificate
of Completeness, the City will process the application as required
by this UDC and State Law.
(v)
If an official of the City processes an application under this
Section 3.5 prior to the Responsible Official issuing a Certificate
of Completeness, the Responsible Official may declare the application
invalid or revoke any permit or approval issued thereunder. The Responsible
Official will notify the applicant in writing of such revocation.
2.
Issuance of a Certificate of Completeness certifies only that
the application is administratively complete and ready for review
and does not constitute a determination that the application complies
with this UDC.
3.
Issuance of a Certificate of Completeness does not imply or
indicate that the City will approve the application.
D.
Time restriction on resubmittal of incomplete application.
1.
In accordance with TLGC 245.002(e), an application under this
Article automatically expires at the close of business on the forty-fifth
(45th) calendar day after the Official Vesting Date if:
(i)
The applicant fails to provide documents or other information
necessary to comply with the City's requirements relating to the form
and content of the permit application; and
(ii)
The City provides to the applicant, not later
than the tenth (10th) business day after the Official Vesting Date,
written notice that specifies the necessary documents or other information,
and the date the application will expire if the documents or other
information is not provided; and
(iii)
The applicant fails to provide the specified
documents or other information necessary to ascertain compliance with
the City's requirements relating to the application within the time
provided in the notification.
2.
If the applicant resubmits following notice that application
is incomplete, the Responsible Official will review the resubmittal
and issue a Certificate of Completeness in accordance with Subsection
B. above.
(Ordinance 475 adopted 6/28/22)
A.
Required before initiation of use. No building erected, expanded,
modified, or altered, or land may be used for any purpose other than
those uses authorized by a valid Building Permit or as expressly authorized
by the Building Official until the Building Official issues a Certificate
of Occupancy authorizing the use consistent with the underlying zoning
district and the Use Charts (see subsection 3.3.5), the adopted Building
Code, Electrical Code, Fire Code, Plumbing Code, and all other provisions
of this UDC.
B.
Required for change of use. If a building or land has been in use
under a valid Certificate of Occupancy, a new Certificate of Occupancy
is required in the following circumstances:
1.
The established use changes to another use authorized in the
Use Charts (see subsection 3.3.5); or
2.
The person, business, organization, or other entity to whom
the Certificate of Occupancy was issued is succeeded by another entity
who will operate the same business or use; or
3.
The entity to whom the Certificate of Occupancy was issued changes
its name from the name listed on the Certificate of Occupancy.
C.
Vacant land. Application may be made to the Building Official or
designee for a Certificate of Occupancy for use of vacant land.
D.
Cessation of use. If the entity ceases to operate at the location
listed on the Certificate of Occupancy, it must surrender the Certificate
of Occupancy immediately to the Building Official.
(Ordinance 475 adopted 6/28/22)
A.
Purpose and applicability.
1.
The purpose of Alternative Compliance is to eliminate the need
for variances, ad hoc, or discretionary zoning standards by allowing
for different standards that conform to the intent of the UDC and
the Comprehensive Plan.
2.
A request for Alternative Compliance may be submitted for review
and approval with a Site Plan application.
3.
Alternative Compliance requests must be clearly delineated on
the Site Plan and described in a narrative format as part of the application
submittal. Alternative Compliance requests must include references
to specific sections within the UDC that allow for consideration of
Alternative Compliance (see Table 3.5-1).
|
Table 3.5-1: Standards Allowing Alternative Compliance
| |
|
Standard Allowing Alternative Compliance
|
Section Reference
|
|
Site Landscaping
|
5.1.1
|
4.
Alternative Compliance requests must not reduce or constitute
a variance from an applicable zoning district standard unless the
UDC identifies the standard as qualifying for Alternative Compliance.
B.
Alternative compliance evaluation criteria. The Planning Director
may approve an Alternative Compliance standard if it meets each of
the following:
1.
The proposed Alternative Compliance standard is in agreement
with and promotes the recommendations and policies of the Comprehensive
Plan;
2.
The proposed Alternative Compliance standard does not diminish
the intent of the original standard unless it is, to the greatest
extent practical, equally mitigated or improved by increasing standards
of other requirements; and
3.
The proposed Alternative Compliance standard does not modify
the land uses or increase the density allowed in the zoning district
in which the subject property is located.
(Ordinance 475 adopted 6/28/22)
A.
Purpose.
1.
The purpose of the Site Plan process is to coordinate and expedite
review of proposed improvements to property. Through Site Plan review,
the City and other jurisdictional agencies can effectively apply the
standards of this UDC and other applicable development standards to
Multi-Family, Mixed-Use, and Non-Residential development.
2.
This process is intended to promote the efficient use of land,
safe vehicular and pedestrian circulation, appropriate provision of
landscaping, open space, parking, screening, and lighting.
B.
Design standards and specifications. All Site Plans must conform
with applicable requirements and regulations found in the following
documents or articles:
1.
The recorded plat for the subject property, as applicable. If
no recorded plat is applicable, the site design shall be in conformance
with the design standards of Section 2.5, as applicable.
7.
Fire Code;
8.
Building Code;
9.
Technical Manual(s);
10.
Any design standards and specification approved by the City
Council following adoption of this provision.
C.
Site plan applicability.
1.
The following applications require Site Plan approval:
(i)
A request for approval to construct one (1) or more residential
buildings consisting of three (3) or more units per building;
(ii)
A request for approval to construct a Townhome
or Patio Home development.
(iii)
A request for approval to construct residential
and non-residential uses in the same building (Mixed-Use);
(iv)
A request for approval to construct a non-residential
development;
(v)
A request for approval to construct a building within a Planned
Development district, unless otherwise exempted in this UDC or in
the ordinance adopting the Planned Development district;
(vi)
A request for a shared non-residential facility
within a residential Subdivision, such as a clubhouse, pool house,
or gated entry maintained by a Property Owners' Association;
(vii)
A request for approval of a Specific Use Permit
(see subsection 3.5.5 [3.5.6]), unless otherwise exempted in this
UDC; or
(viii)
Expansion or reconstruction of a building identified
in this subsection 3.5.4.C.1 or an existing building that changes
from a use exempted from Site Plan approval under subsection 3.5.4.C.2
to a use identified in this subsection 3.5.4.C.1.
(ix)
Any amendment to an element of a previously approved
Site Plan (e.g. landscape plan, lighting plan).
D.
Pre-application meeting. The Planning Director may recommend that
a Pre-Application Meeting (see subsection 1.2.1 [1.3]) take place
prior to submittal of an application for Site Plan.
E.
Fees, forms, and procedures.
1.
The City's adopted Fee Schedule will establish fees relating
to the Site Plan approval process.
2.
The City will not approve a Site Plan for a property until the
property owner provides evidence demonstrating payment of indebtedness
(see subsection 1.4.2.D).
3.
The City is hereby authorized to prepare application forms that
include requirements for information, checklists, architectural or
engineering drawing sizes and contents, contact information for the
property owner, applicant, and technical consultants, and any other
information deemed necessary by the City to review the application
for compliance with City codes.
4.
The applicant is responsible for submitting the application
by the deadline indicated on the City's published Development Schedule.
5.
The Planning Director is responsible for maintaining and making
available the application forms applicable to a Site Plan request.
6.
The application forms may be revised or changed at any time
without notice consistent with the UDC.
|
F.
Approval process.
1.
Administrative site plan.
(i)
The Planning Director is responsible for approving a Site Plan
with no associated Specific Use Permit if it meets all the requirements
of the UDC, including, but not limited to the following criteria:
(1)
The Site Plan complies with the regulations of
this UDC, the underlying zoning district, and all other applicable
development regulations;
(2)
The Site Plan ensures the efficient use of land,
safe and interconnected vehicular and pedestrian circulation, appropriate
provision of landscaping, open space, parking, screening, and lighting;
(3)
The property is served or will be served by Adequate
Public Facilities;
(4)
The Site Plan coordinates and correctly documents
Public Facilities or their construction;
(5)
The Site Plan does not conflict with any requirements or standards of Article 2 or the applicant has obtained the necessary Subdivision Waiver;
(6)
The Site Plan provides for coordination of streets
consistent with the Future Thoroughfare Plan, including providing
deceleration lanes, median openings, and turn bays, and provides access
between properties, through one (1) or more Driveway Stub-Outs and
one (1) or more Cross Access Easements (see subsection 2.5.10) as
required by the City Engineer in accordance with the goals and objectives
of the adopted Comprehensive Plan.
(7)
The Site Plan provides landscaping and screening that adequately buffer and shield lights, noise, movement, or activities from abutting properties and complement and integrate the design and location of buildings into the overall site design (see Article 5);
(8)
The design and location of parking areas and loading
facilities ensures that all spaces are usable and safely located (see
subsection 3.4.1.C [3.4.2]);
(9)
Sufficient width and suitable grade are provided
in all vehicle maneuvering areas to accommodate potential traffic
and to provide access for garbage disposal, firefighting and emergency
equipment;
(10)
Exterior lighting is designed in compliance with
the City's Dark Skies policies while also ensuring the safety of visitors
to the site and to building occupants, including the minimization
of glare and reflection upon abutting properties (see Section 6.1
[6.2]);
(11)
The Site Plan provides and configures open space in a way that ensures such areas are usable for the planting and sustenance of trees and shrubs, provide an area for safe pedestrian paths and for seating areas, contribute to the objectives of Article 6 Supplemental Development Standards, Article 7 Stormwater Management, and Article 8 Flood Damage and Prevention, and prevent large expanses of paved area;
|
Figure 3.5.4-1: Administrative Site Plan Approval Process
|
(12)
The Site Plan protects and conserves soil from
erosion by wind or water; and
(13)
The Site Plan protects and conserves watercourses
and flood-prone areas.
(ii)
Planning Director action.
(1)
The Planning Director will inform the applicant
of any deficiencies and provide instructions for the resubmittal of
corrected plans in accordance with the City's adopted Development
Schedule.
(2)
The Planning Director may approve or deny a Site
Plan or may defer any Site Plan to the Planning and Zoning Commission
for approval or denial.
(iii)
Letter of decision. The Planning Director will
issue an official Letter of Decision within ten (10) calendar days
of the date the Site Plan is approved or denied.
G.
Approving bodies. Table 3.5-2 is a Summary of approving bodies for
each type of Site Plan.
|
Table 3.5-2: Site Plan Approval Authority
| |||||
|---|---|---|---|---|---|
|
Application Type
|
City Council
|
Planning and Zoning Commission
|
Staff (Responsible Official)
|
Public Notice
|
Section Reference
|
|
R= Review/Recommending body | DM=
Decision-Making Body (final decision to approve or deny) | <
>= Public Hearing[:]| Hearing Notice: N= Newspaper; M= Mail
| |||||
|
SITE PLAN
| |||||
|
Site Plan with Specific Use Permit
|
<DM>
|
<R>
|
R
|
N, M
|
3.5.5 [3.5.6]
|
|
Site Plan
|
DM (if P&Z decision is appealed by applicant)
|
DM (if appealed by applicant or deferred by staff)
|
DM
|
—
|
3.5.4
|
|
Alternate Compliance Site Plan
|
DM (if P&Z decision is appealed by applicant)
|
DM (if appealed by applicant or deferred by staff)
|
DM
|
—
|
3.5.3
|
H.
Site plan effect of approval.
1.
By approving a Site Plan, the City authorizes the applicant
to receive a site plan permit for construction of the same and apply
for approval of a Building Permit associated with the project for
which the Site Plan was approved.
2.
During the time the Site Plan remains valid, the City will not
apply additional requirements concerning building placement, streets,
drives, parking, landscaping, or screening.
3.
Site Plan approval is separate and distinct from other permits
and approvals required by the UDC or other regulatory agencies.
I.
Amendments to approved site plans.
1.
The Planning Director may administratively approve changes from
an approved Site Plan without requiring the applicant to submit a
new Site Plan application for approval.
2.
If pre-construction or post-construction, a Site Plan Amendment
application with revised plans is required. If the requested changes
occur during construction, changes may be administratively approved
in a format authorized by the Director but must be reflected on an
updated plan set or record drawings, as appropriate, prior to site
acceptance.
3.
Such requested changes must meet the following criteria:
(i)
Adjustments are no more than ten percent (10%) or fifty (50)
feet in any direction, whichever is less, to the location or configuration
of roadways, sidewalks, utilities, parking areas, buildings, landscape
features (shrubs and trees), ponds, or any other improvements depicted
on the Site Plan.
(ii)
Adjustments are no more than five percent (5%)
to the building square footage of any individual building to be constructed
within the area of the Site Plan. The Planning Director is not authorized
to make an administrative adjustment that exceeds any limitation (minimum
or maximum) on impervious cover, height, or floor area for the district
(see subsection 3.4.1).
(iii)
Adjustments are no more than five percent (5%)
to the number of required parking spaces within the area of the Site
Plan.
(iv)
Adjusts flat work such as curbs, sidewalks, streets,
decks, and other paved areas if there is no net increase in impervious
coverage within the area of the Site Plan.
(v)
Adjusts any building facade, including adjustments to materials,
colors, windows, weather protection such as awnings and porticos,
or building height adjustments of ten (10) feet or less. The Planning
Director is not authorized to make an administrative adjustment that
increases residential unit density, adds one or more floors, or reduces
compliance with any architectural or building height requirements
of this UDC.
(vi)
Adjusts landscaping shown on the Site Plan, provided that the revision complies with Article 5.
(vii)
Does not authorize the construction or relocation
of any retaining wall, regardless of whether the retaining wall is
shown on the Site Plan.
(viii)
Adjusts or relocates water quality nonpoint
source pollution BMP areas, such as vegetative filter strips, on an
individual single-family lot if the applicant provides a letter from
a licensed engineer stating that the adjusted or relocated BMP will
provide water quality treatment at the same level or better than the
original BMP and in conformance with Section 7.3.
(ix)
Authorizes only minor construction on an individual
single-family lot within water quality nonpoint sources BMP areas,
such as a rainwater harvesting system in a vegetative filter strip,
if the applicant provides a letter from a licensed engineer stating
that the minor construction will not adversely impact the BMP's ability
to perform water quality treatment at the same level or better than
the original BMP and in conformance with Section 7.3.
(x)
The Planning Director may grant approval of construction or
adjustment in BMP areas on the condition that the applicant abandon
any easement established for the original BMP on a Plat or separate
instrument and dedicate a new easement encompassing the modified BMP
in conformance with Section 7.3. If the owner of the NPS permit is
not the grantee of the easement, approval by the NPS permit holder
is also required.
J.
Dormant site plans and site plan expiration.
1.
Site Plan approval expires two (2) years from the approval date
unless an applicant or property owner demonstrates Progress Towards
Completion.
2.
If other plans, plats, permits or other activity qualifying
as Progress Towards Completion are approved for a portion of the property
for which a Site Plan has been approved, the Site Plan for the remaining
portion will expire unless otherwise exempted from expiration by this
UDC, a Development Agreement, or by State Law.
3.
If a Site Plan expires, all vesting claims shall also expire
on the property, and the applicant must submit a new Site Plan subject
to the regulations in place at the time.
4.
The Planning Director may approve a six (6) month extension
of Site Plan approval upon written request of the applicant prior
to Site Plan expiration.
K.
Revocation of site plan approval. The Planning Director may revoke
approval of a Site Plan if the City determines that the applicant
has not met the conditions of approval or if the Site Plan contains,
or is based upon, incorrect information or if approval was obtained
using fraud or deceit.
L.
Additional development, site modifications, or redevelopment. Following
the completion of improvements shown on an approved Site Plan, additional
development, site modifications, or redevelopment of the site shall
be permitted subject to the approval of a revised Site Plan, which
shall be considered a new project and shall require submittal and
approval of a revised Site Plan.
(Ordinance 475 adopted 6/28/22)
A.
Purpose. The base zoning districts established in Section 3.1.7 [3.2.2]
are intended to facilitate a broad range of development within appropriate
areas of the City, with sufficient development standards and technical
requirements to address a variety of development types and unique
areas within the City. This UDC, and the base zoning districts it
contains, are structured to eliminate the need for future PDDs and
encourage the transition of existing PDDs to a new base zoning. Prior
to this UDC, the City made use of Planned Development Districts as
the tool to accommodate such specialized development scenarios and
opportunities given that prior regulations did not have other paths
to regulatory compliance. Therefore, the intent of this section [is]
to provide ongoing support for these legacy Planned Development Districts,
allowing for amendments to such Districts but not allowing for the
creation of new Districts. A Planned Development District, as it is
amended, shall establish specific development standards that ensure
the Planned Development District exceeds the standards of the equivalent
base zoning districts.
B.
Minimum area required for a Planned Development District. The minimum
size for a Planned Development District is five (5) contiguous acres.
C.
Applications to amend a Planned Development District. An application
for a Planned Development District amendment must be in conformance
to the Comprehensive Plan and demonstrate compliance with the following
criteria on a certain property:
1.
General legacy PDD criteria.
(i)
Provide for a mix of a minimum of two types of uses, provided
each use requested appears on the Use Charts before Council approves
the Planned Development District (see subsection 3.3.5). An applicant
that proposes a PDD that authorizes new uses not found on the Use
Charts must demonstrate the following as part of the PDD application:
(1)
The proposed use(s) meets the intent of this subsection
3.5.1 [3.5.5] and this UDC;
(2)
The proposed use(s) are compatible with abutting
uses and property; and
(3)
The proposed use(s) will positively contribute
to the City's economy and will not require undue investments in infrastructure
or City resources to operate or manage.
(ii)
Provide for integrated design and placement of
buildings with regulations that govern the bulk, height, footprint,
and separation of buildings to an extent beyond what is required by
this UDC.
(iii)
Preserve or enhance areas with environmentally
significant natural features in a greater fashion than what is required
by this UDC.
(iv)
Provide for shared open space in an amount greater
than required by Section 6.3 and in a way that supports a variety
of temporary uses or events with flexible provisions for gathering,
parking, vending, circulation, and staging.
(v)
Creation of a coordinated and integrated transportation system
throughout the district provided that the plan facilitates multiple
transportation modes, exceeds the inter-parcel connectivity depicted
in the City's Thoroughfare Plan provides sufficient emergency vehicle
access, and adequately manages stormwater runoff.
2.
Special criteria for amendments. Additionally, requested PDD
amendments shall not:
(i)
Have the effect of altering the PDD boundaries;
(ii)
Have the effect of authorizing uses that are prohibited
or are not listed within the ordinance adopting the PDD or amendment
thereto or removing uses that are authorized;
(iii)
Increase or reduce land allocated to a particular
use or uses in a way that is inconsistent with the ordinance adopting
the PDD or amendment thereto;
(iv)
Increase or decrease the residential density or
maximum square footage of any non-residential land use authorized
in the PDD by more than ten percent (10%), provided any increase does
not trigger the need to update or amend any associated Traffic Impact
Analysis; and
(v)
Result in a net increase of impervious coverage or net decrease
in park or landscaped area.
3.
If the Planning Director finds that the request does not meet
the above criteria, the Applicant must resubmit the request to City
Council as a rezoning request to a zoning district listed in Section
3.1.7 [3.2.2] of this UDC in accordance with the procedures of Section
3.1.8.
D.
Fees, forms, and procedures.
1.
The City's adopted Fee Schedule will establish fees relating
to the Planned Development District amendment approval process.
2.
The City will not approve a Planned Development District amendment
for a property until the property owner provides evidence demonstrating
payment of indebtedness (see Section 1.4.2.D).
3.
The City is hereby authorized to prepare application forms that
include requirements for information, checklists, architectural or
engineering drawing sizes and contents, contact information for the
property owner, applicant, and technical consultants, and any other
information necessary to review the amendment application for compliance
with City codes.
4.
The applicant is responsible for submitting the application
by the deadline indicated on the City's published Development Schedule.
5.
The Planning Director is responsible for maintaining and making
available the application forms applicable to a Planned Development
District request.
6.
The application forms may be revised or changed at any time
without notice, consistent with the UDC.
E.
Letters of certification and pre-application meeting. The Planning
Director may require new or updated Letters of Certification (see
Section 1.4.1) and recommend that a Pre-application Meeting (see Section
1.2.1 [1.3]) take place prior to submittal of an application to amend
a Planned Development District.
F.
Planned development master plan required.
1.
An application to amend a Planned Development District must
be accompanied by a Planned Development Master Plan.
3.
The Planning Director, Planning and Zoning Commission, or City
Council may also require the applicant to produce other supporting
documents and exhibits demonstrating how the Planned Development District
will meet the goals of this section and the Comprehensive Plan.
4.
PDD design statement. The PDD Design Statement is a written
report containing each of the following elements:
(i)
The name or title of the development authorized by the Planned
Development District (PDD);
(ii)
Identification of the base district or districts
upon which the PDD regulations are based and a list of all standards
applicable to the base district(s) that the applicant proposes to
modify with the PDD;
(iii)
If applicable, a list of requested Subdivision
Waivers. Any Subdivision Waiver included in a PDD Ordinance will govern
approval of any Preliminary, Final or other Plat associated with the
property subject to the PDD;
(iv)
List of property owners and developers. If a master
developer initiates the application, the PD Design Statement must
contain, if known, a list of prospective developers for subsequent
phases or areas within the PDD;
(v)
A description of the location of the PDD and its relationship
to abutting land uses, whether existing or proposed, or the zoning
of neighboring properties. The description should address at a minimum
properties and land uses within one-quarter (1/4) mile of the PDD.
The Planning Director, Planning and Zoning Commission, or City Council
may require that the description include properties outside of this
area based on the size of the proposed PDD or the projected impact
or relationship between the proposed district and abutting or adjoining
districts;
(vi)
A description of existing and proposed streets
that abut, connect to, or may be impacted by the proposed PDD;
(vii)
A description of proposed streets within the
PDD, including any waivers to applicable street standards (see Section
2.5), street design and streetscape concepts, and the relationship
of the proposed streets with existing or proposed streets outside
the PDD. The applicant is encouraged to utilize the PDD to create
street sections that exceed City standards for aesthetic appeal, multi-modal
configurability, and traffic calming;
(viii)
Description of the PDD concept, including a
breakdown of proposed acreage or square footage of land uses, sub-districts,
or areas, building types, relationships between buildings, streets,
and open space, residential density, if applicable, and proposed restriction
of uses, building orientation, site access, and other characteristics
that will define the district or as deemed necessary by the City;
(ix)
Analysis of existing elevation, slope, soils,
existing trees based on a tree survey, and drainage characteristics
and the strategies the PDD will utilize to protect and preserve these
features in their natural condition;
(x)
Topographic map with minimum two (2) ft. contour intervals;
(xi)
Analysis of drainage area acreage and existing
flood plain, if any;
(xii)
Identification of existing and proposed utilities
and Public Facilities;
(xiii)
Description of proposed phasing or sequence
of development;
(xiv)
Additional material requested by the City.
5.
PDD concept design map.
(i)
The PDD Concept Design Map (Design Map) is a graphic representation
of the master plan for a PDD.
(ii)
The Design Map must be consistent with the PDD
Design Statement.
(iii)
The Design Map must be created to a legible scale
and contain sufficient detail to articulate the physical plan for
implementing the components of the PDD Design Statement within the
context of the proposed PDD.
(iv)
The Design Map components include, but are not
be limited to locations of proposed land uses, streets, property lines,
landmark features, entryway features, building locations, parking
locations, open space and common areas to be constructed with each
phase of development, pedestrian facilities (i.e., sidewalks, paths),
identification of the developer or developers responsible for constructing
the common features, anticipated location of stormwater management
facilities and the timing and responsibility for construction.
(v)
As a supplement to the Design Map, the Planning Director may
require that the applicant provide conceptual images of building types,
open space, and streetscapes.
6.
Approval of an amended planned development master plan. Upon
approval by City Council, the amended Planned Development Master Plan
will become part of the ordinance authorizing the Planned Development
District.
7.
Expiration of planned development master plan.
(i)
The Planned Development Master Plan will expire two (2) years
from the date of approval if the applicant has made no Progress Towards
Completion within the Planned Development District.
(ii)
If a PDD is borne out of a Development Agreement
that outlined certain development and design standards, responsibilities,
and procedures relating to the development of a property and that
are not consistent with a zoning district established by this UDC,
the PDD Master Plan shall expire the sooner of two (2) years from
the date of PD approval or on the expiration date established by the
Development Agreement.
(iii)
If the Planned Development Master Plan expires,
the applicant must submit a new Planned Development Master Plan for
approval according to the procedures specified in this Section 3.4.5
[3.5.5].
(iv)
Expiration of the Planned Development Master Plan
does not invalidate the Planned Development District. Any new Planned
Development Master Plan must comply with the Planned Development District
regulations set forth in the adopting ordinance and with this UDC.
G.
Applicability and integration of Planned Development Districts approved
prior to UDC.
1.
A Planned Development District approved prior to adoption of
this UDC shall be governed by the ordinance that created the original
Planned Development or the most recent amendment to the ordinance
unless the Planned Development District is otherwise re-designated
in this UDC and on the Official Zoning Map.
2.
Any amendments proposed subsequent to adoption of this UDC to
a Planned Development District approved prior to adoption of this
UDC must comply with this UDC unless otherwise stated in the previously
adopted PDD Ordinance.
3.
PDDs existing at the time of adoption of this UDC that are eighty
(80) acres or greater in size may request a text amendment to this
UDC to create a new zoning district for the redevelopment of the property
included within the PDD, consistent with the zoning change process
in Section 3.1.8, Amendment to Zoning Map or Text, rather than an
amendment to the PDD.
H.
Approval process.
1.
The Planning Director will review the Planned Development District
amendment and will prepare a report with a recommended action to the
Planning and Zoning Commission.
2.
The Planning Director will post public notice and mail individual
notices to property owners within 200 feet of the subject property
describing the request for a Planned Development District amendment
according to the same requirements applicable to a zoning change request
(see Section 3.1.8, Amendment to Zoning Map or Text).
3.
The Planning and Zoning Commission will conduct a public hearing,
consider the report and recommendation of the Planning Director, and
make recommendation to the City Council.
4.
The City Council may, after conducting a public hearing, vote
to approve, approve with conditions, or deny the Planned Development
District amendment.
5.
Once City Council approves, approves with conditions, or denies
the Planned Development District amendment, the Planning Director
will issue an official Letter of Decision within ten (10) calendar
days.
6.
If the Planning and Zoning Commission votes to recommend denial
of a Planned Development District, City Council may only approve the
application by a three-fourths (3/4) majority.
I.
Requirement to submit site plan for Planned Development District.
The applicant must submit a Site Plan for review and approval before
receiving a Building Permit or permit to begin construction within
the Planned Development District.
(Ordinance 475 adopted 6/28/22)
A.
Purpose. The uses listed under the various districts within the Use
Chart as "S" are so classified because the City Council has found
that these uses may, because of their nature or intensity, be incompatible
with other permitted uses in the same or adjacent district or may
be compatible only with mitigation imposed through additional standards
and conditions attached to the use.
B.
Specific use permit applicability.
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Figure 3.5.6-1: Specific Use Permit Approval Process
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1.
The designation of a use as permissible by Specific
Use Permit (SUP) does not mean that City Council will approve the
use at any location in the zoning district.
2.
Approval of an SUP does not authorize any use other
than the particular use authorized in the SUP.
3.
An SUP is a land use entitlement granted to a particular
property or location and may be transferred from owner to owner so
long as the SUP remains unexpired (see subsection 3.5.6.G).
4.
No Specific Use Permit may be enlarged, extended,
or relocated unless City Council approves a new Specific Use Permit.
5.
The Planning Director has the authority to waive
the requirement for a Site Plan or other technical documents with
submission of a Specific Use Permit if the Director finds that preparation
of a Site Plan is unnecessary based on the level of disturbance or
alteration of the property. If the Site Plan requirement is waived,
the Director may request information needed to review compatibility
of the proposed use.
C.
Site plan approval required for certain SUPs.
1.
Site plan with specific use permit request. A Site Plan associated
with a Specific Use Permit must conform with the following criteria:
(i)
After the Planning Director issues a Certificate of Completeness
for the application, the Planning Director will conduct a technical
review of the application.
(ii)
The purpose of the technical review is to determine
the following criteria are met:
(1)
The Site Plan and associated Specific Use Permit
comply with the regulations of this UDC, the underlying zoning district,
and all other applicable development regulations;
(2)
The Site Plan and associated Specific Use Permit
promote the goals and objectives of the Comprehensive Plan;
(3)
Buildings and structures utilized in the operation
of the Specific Use Permit are adequate to support the use or can
be improved to support the use;
(4)
The Site Plan and associated Specific Use Permit
prevent or mitigate any adverse impacts, including overcrowding and
congestion;
(5)
The Site Plan and associated Specific Use Permit does not conflict with any requirements or standards of Article 2 or the applicant has obtained the necessary Subdivision Waiver (see subsection 2.6.1);
(6)
The Site Plan conforms is in compliance with [sic]
the requirements of Section 3.5.4.
(iii)
Use of existing building.
(1)
If the Site Plan and Specific Use Permit request
involves use or expansion of existing buildings or structures, the
Building Official may conduct an inspection of buildings or structures
to be utilized or expanded with the Specific Use Permit after the
applicant submits an application for Specific Use Permit to determine
the adequacy of the buildings or structures to support the proposed
use and to make recommendations for improvements to the buildings
or structures.
(2)
The City Council may condition approval of the
Site Plan with Specific Use Permit on compliance with the Building
Official's recommendations, and the Building Official may withhold
a Certificate of Occupancy if the buildings or structures do not comply
with the conditions.
(iv)
Public hearings required. The Planning Director
will review the Site Plan according to the criteria in Subitem B.
above and will prepare a report with a recommended action to the Planning
and Zoning Commission.
(1)
The Planning Director will publish public notice
and mail individual notices to property owners within 200 feet of
the subject property describing the request for Site Plan associated
with a Specific Use Permit according to the same requirements applicable
to a zoning change request (see subsection 3.1.8).
(2)
The Planning and Zoning Commission will conduct
a public hearing, consider the report and recommendation of the Planning
Director, and make recommendation to the City Council.
(3)
If the Planning and Zoning Commission recommends
denial of a Site Plan with associated Specific Use Permit, City Council
may only approve the application by a three-fourths (3/4) majority.
(4)
The City Council may, after conducting a public
hearing, vote to approve, approve with conditions, or deny the Site
Plan and associated Specific Use Permit.
(v)
Letter of decision. Once City Council approves, approves with
conditions, or denies the Site Plan and associated Specific Use Permit,
the Planning Director will issue an official Letter of Decision within
ten (10) calendar days.
D.
Compatibility conditions.
1.
City Council may approve an SUP on the condition that modifications
or improvements be made to the property or site on which the SUP will
be conducted to bring the property or site into conformance with this
UDC including, but not limited to, improvements to lighting, parking
or parking surfaces, drainage, screening, landscaping, building construction
or design, signage, site access, or other improvements that will mitigate
the impact of the SUP or bring the site into conformance with this
UDC.
2.
The Planning and Zoning Commission may recommend and City Council
may require conditions and safeguards with approval of any SUP for
the purpose of protecting other properties within the same or abutting
zoning district.
3.
The Planning and Zoning Commission or City Council, in evaluating
the SUP request, may require any additional information beyond that
required by the Planning Director or this subsection 3.5.5 [3.5.6],
including studies, data, or expert evaluation of the location, function,
or characteristics of any use or building proposed in connection with
the SUP.
4.
No SUP may be approved that is not in conformance with the Comprehensive
Plan and this UDC.
E.
Specific use permit effect of approval.
1.
By approving an SUP, the City authorizes the applicant to receive
approval of a Site Plan associated with the property for which the
SUP was approved and receive a Site Plan Permit, and to apply for
approval of a Building Permit(s).
2.
If an Applicant does not withdraw their SUP request prior to
City Council approval, that shall constitute evidence of the applicant's
willingness to accept and agree to be bound by and comply with the
ordinance adopting the SUP, and all supporting documentation including
business and operational plans, floor plans, required improvements
and conditions of approval and the minimum requirements of the zoning
district in which the property is located.
3.
During the time the SUP remains valid, the City will not apply
additional requirements concerning building placement, streets, drives,
parking, landscaping, or screening, that are not otherwise required
by this UDC, or required for health, safety, and welfare.
4.
SUP approval is separate and distinct from other permits and
approvals required by the UDC or other regulatory agencies.
F.
Amendments to approved specific use permits.
1.
An amendment to any approved SUP will be processed as a new
Specific Use Permit request.
2.
While the SUP is in effect, no building, premise, site, property,
or land used in association with the SUP may be enlarged, modified,
altered physically or structurally other than for repairs or renovations
to the facade, roof, building interior, fencing, or paving that do
not expand the footprint of the use, building or site, unless City
Council approves a new SUP.
G.
Specific use permit expiration.
1.
Unless otherwise specified by ordinance adopted by the City
Council, any SUP will expire under the following scenarios:
2.
The Planning Director, in determining whether an SUP has expired,
may require that the property owner or applicant submit documentation
showing that the building or property associated with the SUP has
been occupied within the six (6) month period in question. Evidence
shall be in the form of one or more utility bills showing water and
electricity usage applicable to the six-month period in question,
photographs, invoices for business expenses related to operation of
the use, and sales receipts related to the use, as applicable. At
their discretion, the Planning Director may accept other forms of
evidence.
3.
If an applicant relies upon fraudulent or misleading information
in obtaining a continuation of an SUP that would otherwise have expired
due to disuse, the Planning Director is authorized to revoke the SUP
and the Building Official is authorized to revoke the Certificate
of Occupancy from the business or property owner.
4.
The applicant may request an extension or appeal the decision
of the Planning Director to expire the SUP to the City Council. The
City Council may establish an extension period of up to six (6) months
beyond the date of its decision during which the SUP will remain valid.
If the applicant does not obtain a Certificate of Occupancy within
the extension period, the SUP will automatically expire. The City
Council's decision shall be final.
H.
Revocation of specific use permit approval.
1.
The City Council may, upon recommendation by the Planning Director
and the Planning and Zoning Commission, vote to revoke a Specific
Use Permit upon finding that the business or property owner operating
under the SUP has violated the requirements, standards, or conditions
of the ordinance adopting the SUP or any other requirement or restriction
found in this UDC.
2.
As an alternative to revoking the SUP, the City Council may
vote to place the business or property owner on probation for up to
one (1) year, subject to such criteria as the City Council deems appropriate
to ensure the legal operation of the use and the protection of the
public health, safety, and welfare.
3.
Unless approval for the SUP was obtained by fraud or deceit,
an SUP is a zoning and land use entitlement that may only be revoked
by action of the City Council.
I.
Action by city attorney. If an SUP expires or is revoked under this
Section 3.5.6 and the business or property owner continues operation
or does not vacate the site, the City Attorney is authorized to obtain
an injunction to prevent the business or property owner from continuing
to operate. The business or property owner may be held liable for
any penalties under the ordinance approving the SUP or provided under
this UDC or the Bee Cave Code of Ordinances.
(Ordinance 475 adopted 6/28/22)
