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HomeMy WebLinkAbout2007-2981 - Ordinance - 05/24/2007ORDINANCE NO. 2981 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," ARTICLE 2 "DEVELOPMENT REVIEW BODIES", ARTICLE 3 "DEVELOPMENT REVIEW PROCEDURES," AND SECTION 5.5 "PLANNED DISTRICTS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN ARTICLES AND SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS PART 1: That Chapter 12, "Unified Development Ordinance," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 24`" day of May, 2007. APPROVED: MAYO ATTEST: Connie Hooks, City Secretary APPROVED: ~~ City Attorney 199 ORDINANCE NO. 2981 PAGE 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Article 2, Sections 2.1.B.2, 2.2.D.2, 2.4.D.1, and 2.8, Article 3 Sections 3.2.C, 3.3.D, 3.4, 3.S.A.3, and 3.9.D.2, and Section 5.5 to read as set out in Appendices I through X attached hereto. 200 ORDINANCE N0.2981 Appendix I 2.1 City Council PAGE3 A. General The City Council will be responsible for final action regarding the text of this UDO and the Official Zoning Map. e. Powers and Duties As provided and established within the City of College Station Charter, the City Council has the following powers and duties regarding this UDO: 1. Appointments The City Council shall have the responsibility of appointing and removing any member of the Planning and Zoning Commission (P&Z), Zoning Board of Adjustment (ZBA), and Design Review Board (DRB). 2. Final Action The City Council shall hear and take final action on the following: a. Development agreements and oversize participation agreements for City participation in cost-sharing of infrastructure improvements; b. Conditional use permits; c. Zoning map amendments (rezoning); d. Concept plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-MUD); e. Text amendments; f.• Comprehensive Plan amendments; g. Impact fee land use decisions and Capital Improvement Plan (CIP) priorities; and h. Annexations. 201 ORDINANCE NO. 2981 Appendix II 2.2 Planning and Zoning Commission PAGE 4 A. Creation The City Council shall provide for the appointment of a Planning and Zoning Commission and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. e. Membership and Terms 1. Number, Appointment A Planning and Zoning Commission is hereby created to consist of seven members. An ad hoc member shall be appointed to review impact fee land use assumptions in accordance with § 395 of the Texas LOCAL GoveRrvMErvT CooE. Members shall be residents of the City and eligible voters. 2. Terms Terms of members of the Planning and Zoning Commission shall be for two years or until their successors are appointed. Four members shall be appointed in even- numbered years and three members shall be appointed in odd-numbered years. 3. Term Limits Terms of office shall be limited to three (3) consecutive two-year terms or seven (7) consecutive years. 4. Vacancies Vacancies shall be filled by the City Council for the unexpired term of any member whose position becomes vacant. c. Officers, Meetings, Quorum 1. Officers A Chairperson shall be appointed annually by the City Council. The Planning and Zoning Commission shall select aVice-Chair from among its members as needed. 2. Meetings Members of the Planning and Zoning Commission shall meet regularly and the Chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the City Council without a majority of positive votes from those members present shall be deemed a negative report. 4. Rules of Proceeding The Planning and Zoning Commission shall adopt its own rules of procedure. 5. Minutes The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. 202 ORDINANCE NO. 2981 PAGE 5 D. Powers and Duties The Planning and Zoning Commission shall have the following powers .and duties: 1. Comprehensive Plan The Planning and Zoning Commission shall make recommendations for the effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan. 2. Recommendations The Planning and Zoning Commission shall review and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following: a. Conditional use permits; b. Zoning map amendments (rezoning); c. Concept plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-MUD); d. Text amendments; e. Comprehensive Plan amendments; f. Impact fee land use decisions; g. Capital Improvement Plan (CIP) priorities; and h. Annexations. 3. Final Action The Planning and Zoning commission shall hear and take final action on the following: a. Applicable appeals of decisions of the Design Review Board; b. Master plans; c. Preliminary and final plats, replats, development plats, and minor plats not approved by staff under Section 3.3.H Minor Subdivision Plat Review herein; d. Waivers of the standards in Article 8, Subdivision Design and Improvements; e. Appeal of the Administrator's denial of a final minor or amending plat; f. Appeal of the Administrator's denial to amend the color palette for Northgate roof colors; g. Appeal of the Administrator's denial of an alternative parking plan; and h. Appeal of the Administrator's interpretation of the provisions of CHAPTER 9, SUBDIVISION REGUTATIONS, OF THE CITY OF COLLEGE STATION CODE OF ORDINANCES. Per Ordinance No. 2881 (March 23, 2006) E. Staff 1. The Administrator shall provide staff, as needed, to the Planning and Zoning Commission. 2. Where ministerial acts have not been completed, the staff shall insure that the changes to plats are completed as approved by the Planning and Zoning Commission. 203 ORDINANCE NO. 2981 Appendix III 2.4 Design Review Board PAGE 6 A. Creation A Design Review Board is hereby established by the City of College Station for the purpose of enhancing the City's ability to review sign, building, and site design issues, including architectural issues as specified in this UDO, by bringing expertise from the community to bear on these issues in designated design districts. B. Membership and Terms 1. The Design Review Board shall consist of seven regular members and two alternate members. Six of the regular members and the two alternate members shall be appointed by the City Council. City Council shall appoint the following to the Design Review Board: a. Registered architect b. Business person c. Landscape architect d. Developer or land owner in a design district e. Person knowledgeable in aesthetic judgment f. Citizen-at-large Of the members listed above, at least two shall be owners of property or a business within a design district, a resident within a design district, or an individual employed within a design district. The seventh regular member shall be the Chairman of the Planning and Zoning Commission or his designee. 2. Members shall be appointed for two-year terms. 3. The Design Review Board is a governmental body and shall comply with the OPEN MEETINGS ACT. c. Officers, Meetings, Quorum 1. Officers A Chairperson shall be appointed annually by the City Council. The Board shall select a Vice-Chair from among its members as needed. 2. Meetings Members of the Design Review Board shall meet regularly and the Chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public. 3. Quorum Four members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes from those members present shall be deemed a negative report. 4. Rules of Proceeding The Design Review Board shall adopt its own rules of procedure. 204 ORDINANCE NO. 2981 5. Minutes PAGE 7 The Design Review Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Administrator and shall be a public record. D. Powers and Duties The Design Review Board has the following powers and duties: 1. Site Plans The Design Review Board shall hear and take final action on design district site plans. 2. Wolf Pen Creek District and Overlay District Review The Design Review Board shall approve or deny any sign materials and colors in the Wolf Pen Creek District (WPC), and shall approve or deny all alternate building or fence materials and fence height in the Krenek Overlay District, as specified within this UDO. 3. Wolf Pen Creek Parking Waivers The Design Review Board shall hear and decide requests to vary from the amount of required parking in the Wolf Pen Creek District (WPC). 4. Northgate District Standards Waivers The Design Review Board shall hear and decide requests to vary from the standards to Section 5.6.6. Northgate Districts as listed in Section 5.6.6.14 Waivers. 5. Driveway Appeals The Design Review Board shall hear appeals to decisions of the Development Engineer regarding driveway appeals. 6. Appeal of Requirement Based on Site Plan Review Criteria The Design Review Board shall hear and decide appeals of the Administrator's application of site plan requirements to assure compliance with Section 3.5.E, Site Plan Review Criteria. 7. Buffer Appeals The Design Review Board shall hear appeals of buffer requirements listed in Section 7.6, Buffer Requirements. 8. Non-Residential Architectural Standards Appeals The Design Review Board shall hear and decide alternate building materials, colors, required screening, architectural relief elements, and parking lot concepts for non- residential structures, as specified in Section 7.9, Non-Residential Architectural Standards. Per Ordinance No. 2881 (March 23, 2006) E. Staff The Administrator shall provide staff, as needed, to the Design Review Board. 205 ORDINANCE NO. 2981 Appendix IV 2.8 Summary of Review Authority PAGE 8 The followin table summ r ~~ .' '... ~ arizes the a '.i... ~~" ~ uthorit of ,.. ,.. U the various r.... review bodi .- fl' .1 es and staff ~. . ' .- :F ___ -._.__ Oversize Participation _-___ D __ _ R Development Agreement D RR R Conditional Use permit D R RR Zoning Map Amendment D R RR PDD/P-MUD Concept Plan D R RR Text Amendment D R RR Comp. Plan Amendment D R RR Impact Fee/CIP Priorities D R PLANNING & ZONING COMf~1ISSION _ __ _ ___ - Master Plans D RR R Preliminary Plat D RR R Final Plat D RR R Development Plat D RR R Waiver of Subdivision Standard p RR R T• ZONIN~`$OARD`flF ADJUSrtMEN ` "''° _ Variance _ _ D RR RR RR Administrative Appeal D R Interpretation Ma Zonin D R p g - ~E1/IE~VBOARi7 D~$I~[V .'~ - - - a- ' f _~~ ' ; Wolf Pen Creek District Site Plan A D R Wolf Pen Creek District Buildin /Si n Review A D R WPC Parking Waivers A D R NG Waivers D R Non-Residential Architectural Standards Waiver D RR ADfutINISTRATOR - Interpretation _ A** A D Sign Permit A D Site Plan A A* D Administrative Adjustment A D Wolf Pen Creek District Building or Si n Minor A D Minor or Amending Plat A D R PD Concept Plan Minor Amend. A D NG Roof Color Palette Amendment A D Alternative Parking Plans A D R Building Permit D Certificate of Occupancy R D Certificate of Completion R D R Development Permit D Driveway Application A D Alternative Const. Material A D *Section 3.5.E Site Plan Review Criteria and 3.6.E Wolf Pen Creek Design District General Site Plan Review Criteria onl **Subdivision Regulations only. KEY: A=Appeal D=Final Action/Decision R=Recommend RR=Review Re ort 206 ORDINANCE NO. 2981 Appendix V 3.2 PAGE 9 Zoning Map Amendment (Rezoning) Preapplication Conference A. Purpose To establish and maintain sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based u on than ed or than in conditions in a p 9 9 9 Application submittal particular area or in the City generally, or to rezone an area or staff extend the boundary of an existing zoning district. All amendments Review shall be in accordance with the Comprehensive Plan, which may be amended according to the procedure in Section 3.19, Comprehensive Plan Amendment. Planning & Zoning B. Initiation of Amendments Commission An amendment to the Official Zoning Map may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; atv Council 3. The Administrator; or 4. The property owner(s). C. Amendment Application A complete application for a zoning map amendment shall be submitted to the Administrator as set forth in Section 3.1.C, Application Forms and Fees. Application requests for a Planned Development District (PDD) and Planned Mixed-Use District (P-MUD) shall provide the following additional information: 1. A written statement of the purpose and intent of the proposed development; 2. A list and explanation of the potential land uses permitted; and 3. A concept plan as described in Section 3.4, Concept Plan Review (PDD and P-MUD Districts). D. Approval Process Preapplication Conference Prior to the submission of an application for a Zoning Map Amendment, all potential applicants shall request a Preapplication Conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this UDO. If the Administrator determines that the map amendment request is not in conformity with the Comprehensive Plan, he shall not accept the application for the map amendment, and no further processing shall occur until the map amendment is in conformity or a request for an amendment to the Comprehensive Plan eliminating the lack of conformity has been submitted by the applicant. 2. Review and Report by Administrator Once the application is complete, the Administrator shall review the proposed amendment to the Official Zoning Map in light of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning Commission on the date of the scheduled public hearing. 3. Referral To Planning and Zoning Commission The Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer the same to the Commission for study, hearing, and report. The City Council may not enact the proposed amendment until the Planning and Zoning Commission makes its report to the City Council. 207 ORDINANCE NO. 2981 Appendix VI 3.3 Subdivision Plat Review A. Applicability 1. Subdivision approval shall be required (except as exempted under the TEXAS LOCAL GOVERNMENT CODE) before any of the following activities occur within the City limits or the limits of the City's extraterritorial jurisdiction: a. The division of land (for any purpose) into two or more parcels; b. Development of a platted property where right-of-way for an identified future or additional right-of-way for an existing thoroughfare has been identified by the Comprehensive Plan; c. Development on a parcel not previously legally platted; PAGE 10 Preapplica[ion Conference Application Submittal Staff Review Completeness Review Parks & Recreation Board d. Development that involves the construction of any public improvements that are to be dedicated to the City or to a county within the City's extraterritorial jurisdiction; Planning a e. Resubdivision of land that has previously been platted; or ~omms°on f. Amendment of any approved plat. Exemption: Subdivision of property that result from a governmental entity's land acquisition for public facilities such as expansion of street right-of-way. 2. Any person who proposes the development of a tract of land within the City limits or the extraterritorial jurisdiction (ETJ) of the City of College Station must have a Development Plat of the tract prepared in accordance with this Section. New development may not begin on the property until the Development Plat is filed with and approved by the City. The Administrator may waive the requirement for a Development Plat within the City limits when no parkland, infrastructure, or easement dedication is required on the subject tract. Exemptions: a. When an applicant is required to file a Preliminary or Final Subdivision Plat by other requirements of this Section, a Development Plat is not required in addition to the Subdivision Plat. b. The development of a tract of land within the City limits or the extraterritorial jurisdiction (ETJ) of the City of College Station that meets all of the following criteria is not required to file a Development Plat: 1) The tract is larger than five (5) acres; 2) The tract has access; and 3) The development is asingle-family home for the use of the property owner or a member of the property owner's family, an accessory structure(s) of the home, and/or an accessory structure(s) for the benefit of agricultural uses. Per Ordinance No. 2941 (December 14, 2006) B. Unlawful to Record Plat Without Approval It shall be unlawful to offer and cause to be recorded any Plan, Plat, or Replat of land within the City limits or extraterritorial jurisdiction of College Station at the Office of the County Clerk unless the same bears the endorsement and approval of the Planning and Zoning Commission or the Administrator as provided for in this UDO. C. Filing of Plat and Application For the purposes of this section, the date of filing shall be determined as the date on which the applicant submits a Plat that meets all of the terms and conditions of this UDO or has 208 ORDINANCE NO. 2981 PAGE 11 filed a variance request to those sections of the code for which the plat does not comply. Once a Plat has been filed with the City it will be scheduled for review by the Administrator and/or the Planning and Zoning Commission. D. Platting in Planned Development Districts (PDD and P-MUD) If the subject property is zoned as a Planned Development District (PDD) or Planned Mixed- Use District (P-MUD), the City Council may approve a Concept Plan that provides for general modifications to the site development standards. The general modifications shall be indicated on the approved Concept Plan. The Administrator shall determine the specific standards that comply with the general modifications of the subdivision standards at the time a plat is approved. The applicant or the Administrator may have the City Council determine the specific standards that comply with the approved Concept Plan. E. Platting in the Extraterritorial ]urisdiction (Brazos County) The City of College Station and Brazos County have an interlocal agreement providing for joint regulation of subdivision platting in the City's extraterritorial jurisdiction in Brazos County. The City shall provide the County with copies of proposed subdivisions, shall include the County in the plat review process, and in any site inspections as needed. Any plat for a subdivision in the ETJ shall first require the approval of the Administrator or the Planning and Zoning Commission (as appropriate), followed by approval by the Brazos County Commissioners Court. F. Application 1. A complete application for subdivision review shall be submitted to the Administrator as set forth in Section 3.1.C, Application Forms and Fees. The signatures of all owners of land within the boundary of the Development Plat, Master Plan, or Preliminary or Final Plat, shall be required on the application. 2. An application fee shall be submitted with the Plat or Replat as required by Section 3.1.C, Application Forms and Fees. 3. All Plats shall be submitted upon request in an electronic form acceptable to the Administrator and compatible with the City's Geographic Information System (GIS). 4. If the Administrator determines that the Subdivision Plat is not in conformity with the Comprehensive Plan or the Master Plan, he shall not accept the application for the Subdivision Plat and no further processing shall occur until the Subdivision Plat is in conformity or a request for an amendment to the Comprehensive Plan eliminating the lack of conformity has been submitted by the applicant. The determination that the Subdivision Plat is not in compliance with the Comprehensive Plan may be appealed to the Planning and Zoning Commission. G. Development Plat Review 1. Applicability The City of College Station chooses to be covered by Subchapter B, "Regulation of Property Development," Chapter 212 of the Texas Local Government Code. 2. Review and Report by Administrator Once the application is complete, the Administrator shall review the proposed Plat in light of the Comprehensive Plan and give a report to the Planning and Zoning Commission. 3. Review and Recommendation by Parks and Recreation Advisory Board The Parks and Recreation Advisory Board shall review the Development Plat for compliance with the parkland dedication requirements in Article 8, Subdivision Design and Improvements, and recommend approval, approval with conditions, or disapproval of the same. 209 ORDINANCE N0.2981 PAGE 12 Appendix VII 3.4 Concept Plan Review (PDD and P-MUD Districts) ante A. Applicability AppUcntion Subnlttal A Concept Plan shall be required for all proposed Planned Development stnPP District (PDD) or Planned Mixed-Use District (P-MUD) rezonings. Re~ie. B. Application Requirements conRe iewesg A complete application fora Concept Plan shall be submitted to the Administrator with a PDD or P-MUD rezoning application as set forth in Section 3,1.C, Application Forms and Fees, unless otherwise specified in Park 6 Recrent4on th15 SeCtlon. Board C. Concept Plan Approval Process Plnnning t 2oning 1. Preapplication Conference conn~sslon Prior to submitting a Concept Plan, the applicant shall attend a preapplication conference in order to meet, confer with, and receive the advice and assistance of the City staff. 2. Review and Report by the Parks and Recreation Advisory C co~~~~ Board \ If the proposed area involves any required or voluntary parkland dedication, the Concept Plan must be reviewed by the Parks and Recreation Advisory Board. Parks and Recreation Advisory Board recommendations shall be forwarded to the City Council. 3. Review and Report by the Greenways Program Manager If the proposed area includes a greenway dedication as shown on the Greenways Master Plan, or if the applicant is proposing greenway dedication or voluntary sale, the concept plan must be reviewed by the Greenways Program Manager. The Greenways Program Manager's recommendation shall be forwarded to the City Council. 4. Review and Recommendation by the Administrator The Administrator shall review the Concept Plan and recommend approval, approval with conditions, or disapproval of the same. 5. Review and Recommendation by the Planning and Zoning Commission The Planning & Zoning Commission shall review the Concept Plan and recommend to the City Council. approval, approval with conditions, or disapproval of the same. 6. City Council Final Action The City Council shall review the Concept Plan and approve, approve with conditions, or disapprove. D. Concept Plan Requirements A Concept Plan shall not be considered or reviewed as a complete site plan application. The Concept Plan for the proposed development shall include the following: 1. A general plan showing the location and relationship of the various land uses permitted in the development; 2. A range of proposed building heights; 3. A written statement addressing the drainage development of the site; 4. The general location of detention/retention ponds and other major drainage structures; 210 ORDINANCE NO. 2981 PAGE 13 5. A list of general bulk or dimensional variations sought; 6. If general bulk or dimensional variations are sought, provide a list of community benefits and/or innovative design concepts to justify the request; 7. The general location of building and parking areas; 8. Open spaces, parkland, conservation areas, greenways, parks, trails and other special features of the development; and 9. Buffer areas or a statement indicating buffering proposed. E. Review Criteria The Administrator and Planning and Zoning Commission shall recommend approval and the City Council may approve a Concept Plan if it finds that the Plan meets the following criteria: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. F. Minimum Requirements Unless otherwise indicated in the approved concept plan, the minimum requirements for each development shall be those stated in this UDO for subdivisions and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Modification of these standards may be considered during the approval process of the Concept Plan. If modification of these standards is granted with the Concept Plan, the Administrator will determine the specific minimum requirements. G. Compliance with Other Regulations The approval of a Concept Plan shall not relieve the developer from responsibility for complying with all other applicable sections of this UDO and other codes and ordinances of the City of College Station unless such relief is granted in the approved concept plan. H. Owners Association Required An owners' association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service and parking ii!'reas, common open spaces, buffer areas, and common recreational areas at the time the development plan is submitted. If an owners' association is required, documentation must be submitted to the City at the time of platting to assure compliance with the provisions of this UDO. I. Modifications 211 ORDINANCE N0.2991 PAGE 14 Any deviations from the approved Concept Plan, shall require City Council approval except as provided for below. ]. Minor Amendment to Concept Plan Minor additions and modifications to the approved Concept Plan meeting the criteria below may be approved by the Administrator: 1. Minor additions to structures as determined by the Administrator; 2. Minor new accessory structures if the location does not interfere with existing site layout (e.g., circulation, parking, loading, storm water management facilities, open space, landscaping, buffering); 3. Minor additions to parking lots; 4. Clearing or grading of areas not depicted on the concept plan as a conservation area, greenway, or park; and 5. Final determination of the specific meritorious modifications such as setbacks, lot size, dimensional standards, etc., granted generally as part of the Concept Plan. K. Expiration of Approval The Concept Plan shall expire within 24 months of the date approved by the City Council. A final, one-time extension of twelve months may be granted by the Administrator upon demonstration of substantial progress and the lack of changed or changing conditions in the area. 212 ORDINANCE NO. 2981 Appendix VIII 3.5 Site Plan Review I Preapplication Conference A. Applicability PAGE l5 1. Prior to development of any use or structure other than Application single-family (excluding Manufactured Home Parks), duplex, Submittal or townhouse residential development, a site plan shall be Staff approved by the City in accordance with this Section. Review 2. No development described in paragraph 1 above shall be Cu Rely ewers lawful or permitted to proceed without final site plan approval. A site plan approved as part of a conditional use permit shall be considered a site plan approval. 3. If the subject property is zoned as a Planned Development District (PDD) or Planned Mixed-Use District (P-MUD), the Aaminlstrator City Council may approve a Concept Plan that provides for general modifications to the site development standards. The general modifications shall be indicated on the approved Concept Plan. The Administrator shall determine the specific standards that comply with the general modifications of the site development requirements at the time a site plan is approved. The applicant or the Administrator may have the City Council determine the specific standards that comply with the approved Concept Plan. B. General Requirements All improvements reflected on approved site plans must be constructed at the time of development. All terms and conditions of site plan approval must be met at the time of development. C. Application Requirements A complete application for site plan approval shall be submitted to the Administrator as set forth in Section 3.i.C, Application Forms and Fees. The application shall include a landscape plan illustrating compliance with the requirements of Section 7.5, Landscaping and Tree Protection. Where applicable, applicants shall submit information and materials required in Section 7.9, Non-Residential Architectural Standards. D. Site Plan Approval Process Site plan review applications shall be processed in accordance with the following requirements: Preapplication Conference Prior to the submission of an application for site plan approval, all potential applicants may request a Preapplication conference with the Administrator. The purpose of the conference is to respond to any questions that the applicant may have regarding any application procedures, standards, or regulations required by this UDO; however, they do not fulfill the requirements for formal review or submittal as set forth in this UDO. 2. Final Action by the Administrator If the proposed site plan is determined to be consistent with all applicable provisions of this UDO, the Administrator shall approve or conditionally approve the site plan. A determination that all such requirements and provisions have not been satisfied shall result in disapproval of the site plan and notice of such disapproval shall be given to the applicant in writing. Conditional approval must entail corrections or changes that are ministerial and explicitly spelled out. 213 ORDINANCE NO. 2981 Appendix IX 3.9 Building Permit Submittal A. Building Permit Required No building or other structure shall hereafter be erected, moved, added to, structurally altered, repaired, demolished, or occupancy changed without a permit issued by the Building Official except in conformity with the provisions of this section and the 2003 INTERNATIONAL BUILDING CODE aS adopted and amended by the City, unless directed by the Zoning Board of Adjustment or the Construction Board of Adjustments and Appeals as provided by this UDO. No Building Permit issued under the provisions of this Article for land use or construction in the City shall be considered valid unless signed by the Building Official. B. Application for Building Permit PAGE 16 staff Review Completeness Review Building Official 1. Applications for Building Permits for single-family, duplex, or townhouse structures shall be accompanied by one (1) set of complete plans, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration, easements, and required setbacks. Applications for multi-family and commercial structures shall be accompanied by three (3) sets of complete plans, drawn to scale, including the approved site plan as required in Section 3.5, Site Plan Review. Additional sets of plans shall be supplied to the Building Official upon request. 2. The application shall include such other information as lawfully may be required by the Building Official or the Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this UDO. 3. One copy of the plans shall be returned to the applicant by the Building Official after it is marked as either approved, approved with conditions, or disapproved and attested to same by his signature on such copy. The original copy of the plans, similarly marked, and the associated site plan shall be retained by the Building Official. 4. Where applicable, applicants shall submit information and materials required in Section 7.5, Landscaping and Tree Protection. 5. Where applicable, applicants shall submit information and materials required in Section 7.10 Non-Residential Architectural Standards. C. Review and Recommendation The Building Official shall review all building permit applications to determine if intended uses, buildings, or structures comply with all applicable regulations and standards, including this UDO, and approve or disapprove the same. D. Review and Action by Building Official 1. The Building Official shall make a final determination of whether the intended uses, buildings, or structures comply with all applicable regulations, standards, and the Building Code. The Building Official shall not issue a building permit unless the plans, specifications, and intended use of such building or structures or parts thereof conform in all respects to the provisions of this UDO and the Building Code. 2. If the subject property is zoned as a Planned Development District (PDD) or Planned Mixed-Use District (P-MUD), the City Council may approve a Concept Plan that provides for general modifications to the site development standards. The general modifications 214 ORDINANCE NO. 2981 PAGE 17 shall be indicated on the approved Concept Plan. The Administrator shall determine the specific standards that comply with the general modifications of the site development requirements at the time of building permit. The applicant or the Administrator may have the City Council determine the specific standards that comply with the approved Concept Plan. 215 ORDINANCE NO. 2981 Appendix X 5.5 Planned Districts (P-MUD and PDD) PAGE 18 A. The Planned Mixed-Use District (P-MUD) and the Planned Development District (PDD) are intended to provide such flexibility and performance criteria which produce: 1. A maximum choice in the type of environment for working and living available to the public; 2. Open space and recreation areas; 3. A pattern of development which preserves trees, outstanding natural topography and geologic features, and prevents soil erosion; 4. A creative approach to the use of land and related physical development; 5. An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering development costs; 6. An environment of stable character in harmony with surrounding development; and 7. Amore desirable environment than would be possible through strict application of other sections or districts in this UDO. B. Planned Mixed-Use District (P-MUD): The purpose of this district is to permit areas which encourage mixing of land uses such as retail/commercial, office, parks, multi-family, and attached single-family. These uses are developed together in a manner that allows interaction between the uses and that allows each use to support the other uses. Within any P-MUD, residential and non-residential land uses shall each constitute at least twenty percent (20%) of the overall land uses within the mixed-use development. The remaining sixty percent (60%) may be any combination of residential or non-residential land uses. The residential uses provide the patrons for the office and commercial uses. The success of these mixed-use areas is directly related to the sensitive master planning of the site layout. The P-MUD is appropriate in areas where the land use plan reflects Planned Development or Redevelopment as a land use category. A P-MUD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. C. Planned Development District (PDD): The purpose of the Planned Development District is to promote and encourage innovative development that is sensitive to surrounding land uses and to the natural environment. If this necessitates varying from certain standards, the proposed development should demonstrate community benefits. The PDD is appropriate in areas where the land use plan reflects the specific commercial or residential uses proposed in the PDD. A PDD may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. A PDD should not be used to: 1. Guarantee specific building characteristics within a development; 2. Apply additional development standards to a single site; or 3. Vary from certain development standards unless community benefits outweigh the requested modifications. Per Ordinance No. 2902 (June 8, 2006) 216