§ 31B. SUP - Specific use permits.
31B.1
Purpose and intent.
A.
Nature of specific use permits. A specific use permit (SUP) may be granted to a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only upon a determination that the external effects of the use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of certain standards and conditions. This section sets forth the standards used to evaluate proposed specific uses and the procedures for approving specific use permit applications.
B.
Permit required. No specific use permit shall be established and no building permit shall be issued for any use requiring a specific use permit within any zoning district until a specific use permit (SUP) is issued in accordance with the provisions of this section. An application for a specific use permit shall be accompanied by a detailed site plan prepared in the manner described in section 12. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in subsection 31B.4.
31B.2
Status of uses permitted by specific use permit. The following general rules apply to all specific uses:
A.
The designation of a use in a zoning district as may be permitted by SUP in section 32 (use charts) of this ordinance does not constitute an authorization or assurance that such use will be approved.
B.
Approval of a specific use permit shall authorize only the particular use for which the SUP is issued.
C.
No use authorized by a specific use permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new specific use permit in accordance with the procedures set forth in this section and section 10 of this ordinance.
D.
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city Code of Ordinances, and any permits that may be required by regional, state or federal agencies.
E.
If the use for which the SUP was granted is abandoned for a period of six months then the city council at its own discretion may remove the SUP by ordinance after conducting a public hearing in accordance with section 10.
31B.3
Application for specific use permit.
A.
Application requirements. An application for a specific use permit may be submitted by the property owner or by the property owner's designated representative to the city. The application shall be accompanied by a site plan prepared and approved in accordance with the requirements of section 31B.4 below. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a specific use permit. All site plan applications shall be subject to the review and expiration procedures in section 31B.4.
B.
Subdivision approval. If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction with the application for a specific use permit (see subdivision ordinance). Approval of the specific use permit shall not become effective until final approval of the subdivision application provided that, if the land is to be divided and developed in phases, the approval of the specific use permit shall take effect upon final plat approval of the phase of the subdivision containing the property on which the specific use is to be located.
31B.4
Site plan.
A.
Purpose. This section establishes a review process for site plan applications. The purpose is to ensure that a development project is in compliance with all applicable city ordinances and guidelines prior to commencement of construction.
B.
Applicability. A site plan shall be required in conjunction with any application for an SUP. Refer to subsection 12.1.B.2 for applicability regarding other developments for which a site plan shall be required.
C.
Building permit and certificate of occupancy. A site plan shall be submitted in conjunction with a building permit application (this is a different application than the building permit plan discussed within section 12). No building permit shall be issued until a site plan, as required, and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city.
D.
Procedures and submission requirements for site plan approval. All site plans shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). The specific requirements for site plan applications shall include the following:
1.
When the overall development project is to be developed in phases, the site plan shall include only the portion of the overall property that is to be developed/constructed;
2.
A title block within the lower right hand corner of the site plan with the proposed name of the project/subdivision, the name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the plan, the scale of the drawing (both written and graphic scale), the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Kaufman County, Texas;
3.
A vicinity or location map that shows the location of the proposed development within the city (or its ETJ) and in relationship to existing roadways;
4.
The boundary survey limits of the tract (and each proposed lot) and scale distances with north clearly indicated;
5.
The names of adjacent additions or subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc.;
6.
The existing zoning and existing/proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements (with recording information); existing buildings; railroad rights-of-way; topography (contours at two-foot intervals) with existing drainage channels or creeks (including the 100-year flood plain, if applicable); any other important natural features (such as rock outcroppings, caves, wildlife habitats, etc.); and all substantial natural vegetation;
7.
Proposed strategies for tree preservation (showing individual trees or tree masses that will preserved, and the techniques that will be used to protect them during construction);
8.
The layout and width (right-of-way lines and curb lines) of existing and proposed thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets, lots and blocks, proposed driveways (show driveway widths and distances between driveways), and proposed median openings and left turn lanes on future divided roadways (existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings);
9.
Specific locations and footprints of buildings, including, but not limited to, proposed nonresidential and residential densities; building heights, square footages (for multitenant or multi-purpose buildings, show square footage for each intended use), massing, orientation, loading/service areas (including proposed screening), recycling containers, compactors and dumpster enclosures (including proposed screening), pedestrian walkways, and parking areas (including parking ratio calculations); any proposed sites for parks, schools, public facilities, public or private open space; floodplains/drainage ways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development related features; and
10.
A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule (including species, planted height, spacing, container/caliper size, numbers of each plant material, etc.) any existing wooded areas, trees to be planted, and irrigation plans (if required).
11.
Building façade (elevation) plans showing elevations with any attached (wall-mounted) signage to be used, as determined appropriate by the MD director.
Provision of the above items shall conform to the principles and standards of this ordinance and the comprehensive plan. To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the MD director shall have the authority to update such requirements for site plan and development review applications. It is the applicant's responsibility to be familiar with, and to comply with, these requirements.
E.
Review and approval of a site plan.
1.
City staff review of site plans.
a.
Following submittal of a complete application of a site plan in accordance with section 12 of this ordinance, city staff shall review the site plan application. Specifically, the director of municipal development, city engineer, and the building official (or their respective designees) shall review the site plan prior to the site plan being forwarded to the planning and zoning commission.
b.
Site plans shall be evaluated to ensure that all developments are, to the best extent possible, constructed according to the city's codes and ordinances.
c.
Following city staff review, and following discussions regarding necessary revisions, the applicant shall resubmit additional copies of the corrected site plan to the director of municipal development (or his/her designee) within seven calendar days prior to the planning and zoning commission meeting.
d.
The director of municipal development shall then submit the corrected plan to the planning and zoning commission.
e.
It should be noted that the director of municipal development (or his/her designee) shall forward the original plan application to the commission if the corrected version is not resubmitted within the prescribed time period.
f.
It should also be noted that a corrected plan that is incomplete or is otherwise not ready for consideration shall be subject to denial.
2.
Planning and zoning commission review of and action on SUP site plans.
a.
All site plan applications shall be reviewed by the planning and zoning commission.
b.
The director of municipal development, or his/her designee, shall schedule consideration of any site plan application on the regular agenda of the planning and zoning commission within 20 working days after the complete application is received.
c.
The planning and zoning commission shall conduct a public hearing on the SUP application and related site plan in order to formulate its recommendations to the city council. The commission shall then recommend to the city council that the SUP application and related site plan be approved, approved subject to certain conditions, or denied.
d.
If the planning and zoning commission recommends denial of the site plan, it shall provide reasons to the applicant for the denial, if requested by the applicant. The planning and zoning chairperson shall inform the applicant of the right to receive reasons for the denial.
3.
City council review of and action on sup site plans.
a.
All site plan applications shall be reviewed and finally acted upon by the city council.
b.
The director of municipal development, or his/her designee, shall schedule consideration of any site plan application on the regular agenda of the city council within 40 working days after planning and zoning commission action.
c.
The city council shall conduct a public hearing on the SUP application and related site plan. The council shall then approve, approve subject to certain conditions, or deny the site plan.
d.
City council approval of the SUP application and related site plan shall require a simple majority vote.
e.
The city council may also, where appropriate, remand the SUP application and related site plan back to the commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.).
f.
City council decision on all SUP applications and related site plans shall be final, unless consideration is remanded back to the commission.
F.
Revisions to the approved site plan.
1.
Minor revisions/amendments.
a.
It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the director of municipal development, or his/her designee, shall have the authority to approve minor modifications to an approved site plan. Such minor modifications shall be submitted as an "amended site plan." The amended site plan shall be clearly titled as such, and shall substantially conform to the previously approved site plan.
b.
Submission materials and requirements for approval of an amended site plan shall be as determined by the director of municipal development or his/her designee.
2.
Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a new site plan must be resubmitted for review and approval. The director of municipal development shall have the authority to determine whether changes to a site plan warrant another review and approval procedure (in accordance with this section).
G.
Effect of review/approval. The site plan shall be considered authorization for a specific use permit, as well as authorization to proceed with construction of the site (if applicable) and other required city approvals (such as final plat, engineering plans, building permit, etc.).
H.
Validity and lapse of SUP site plan approval. A site plan shall be considered a "permit" as described by state law in [V.T.C.A.] Local Government Code (TLDC) ch. 245.005, as amended.
1.
Valid for two years. Any approved site plan shall be deemed expired two years from the date on which the site plan was originally approved by the city council if no progress has been made toward completion of the project.
2.
Progress benchmarks. The term "progress" shall be as defined based on [V.T.C.A.] TLGC ch. 245.005 as follows:
a.
Plans for construction and an application for a building permit for at least one of the buildings on the approved site plan are submitted within two years following approval of the site plan.
b.
A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;
c.
Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;
d.
Fiscal security is posted with the city to ensure performance of an obligation required by the city; or
e.
Utility connection fees or impact fees for the project have been paid to the city.
3.
Expiration. If one of the items listed in subsection 2.a through 2.e above is not accomplished within the two-year period, then the approved site plan shall expire and shall become null and void.
4.
Extension and reinstatement procedure.
a.
Prior to the lapse of approval for a site plan, the applicant may petition the city (in writing) to extend the site plan approval.
b.
Such petition shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denial by the city council.
c.
If no petition is submitted, then the site plan shall be deemed to have expired and shall become null and void. Any new request for site plan approval shall be deemed a "new permit", and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.
d.
In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account:
i.
The reasons for the lapse;
ii.
The ability of the property owner to comply with any conditions attached to the original approval; and
iii.
The extent to which development regulations would apply to the site plan at that point in time.
31B.5
Standards.
A.
Factors for consideration. When considering applications for a specific use permit, the planning and zoning commission in making its recommendation and the city council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the specific use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The planning and zoning commission and the city council shall specifically consider the extent to which:
1.
The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted comprehensive plan;
2.
The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;
3.
The proposed use meets all supplemental standards specifically applicable to the use as set forth in this ordinance;
4.
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including, but not limited to:
a.
Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;
b.
Off-street parking and loading areas;
c.
Refuse and service areas;
d.
Utilities with reference to location, availability, and compatibility;
e.
Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses;
f.
Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
g.
Required yards and open space;
h.
Height and bulk of structures;
i.
Hours of operation;
j.
Exterior construction material and building design; and
k.
Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.
5.
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
B.
Conditions. In approving the application, the planning and zoning commission may recommend, and the city council may impose, such additional conditions (e.g., hours of operation, etc.) as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in section 10. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable city code or ordinance, and they cannot, in effect, relax or grant relief from any of the city's minimum standards (see subsection C below). Any conditions imposed shall be set forth in the ordinance approving the specific use permit, and shall be incorporated into or noted on the site plan for final approval. The municipal development department shall verify that the plan incorporates all conditions set forth in the ordinance authorizing the specific use permit, and shall sign the site plan to indicate final approval. The city shall maintain a record of such approved specific use permits and the site plans and conditions attached thereto.
C.
Prohibition on waivers and variances. The foregoing additional conditions (i.e., standards of development for the SUP) shall not be subject to variances that otherwise could be granted by the board of adjustments, nor may conditions imposed by the city council subsequently be waived or varied by the BOA. In conformity with the authority of the city council to authorize specific use permits, the city council may waive or modify specific standards otherwise made applicable to the use by this ordinance, to secure the general objectives of this section; provided, however, that the city council shall not waive or modify any approval factor set forth in subsection A of this subsection 31.B.5.
31B.6
Expiration and extension. A specific use permit may be rescinded by the city council, on its own motion and at its discretion, for failure to commence development, for failure to secure an extension or reinstatement of the related site plan that was approved along with the SUP ordinance.
31B.7
Amendment. No proposed or existing building, premise or land use authorized as a specific use permit may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the specific use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this section, and the specific use permit and approved site plan are amended accordingly.
31B.8
Other regulations. The board of adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any specific use permit.
31B.9
Use regulations. Uses allowed by SUP are specified in section 32 (use charts).