A. Intent.
Application types requiring Planning Commission review shall be subject to the standards in this section.
B. Final determination by Planning Commission application types.
a. Setback waiver. A setback waiver may be considered for approval by the Planning Commission when evidence is provided that:
1) An environmental hardship exists on the property that prevents compliance with all setback requirements for that zone district.
2) The development will not be able to be constructed without the setback waiver.
3) The setback requested is the least setback needed to make the development viable.
b. Parking reduction/waiver. A parking reduction or waiver may be granted by the Planning Commission for commercial uses in the NMU, CMU, GMU and RMU Zone Districts. The Planning Commission shall consider the following criteria when considering the request:
1) A reduction or waiver of the required parking spaces will not be seen as injurious to the neighboring properties;
2) Quantity of available parking nearby;
3) Pedestrian orientation of the project;
4) Quantity of available on-street parking nearby.
6. Appeals of Administrative Review determinations.
An application for an appeal shall be submitted to the Community and Neighborhood Services Department, which shall stay action on the issuance of any permit. The appeal application shall state the factual basis for the appeal. The Planning Commission shall hold a public hearing and shall then affirm, reverse, or otherwise modify the original Administrative Review determination, stating its finding and reasons for its action. A written copy of such findings, reasons, and actions shall be provided to the applicant and filed with the City Clerk.
C. Planning Commission processes and procedures.
The following processes and procedures shall be met during a Planning Commission review:
1. The general review process standards specified in
Sec. 39-12.05: General requirements for Administrative Staff and Planning Commission review shall be met for all
Planning Commission review application types.
2. Public notice of Planning Commission application types. Per
§ 39-12.05D, 15 days prior to the
public hearing, a written public notice shall be mailed to all property owners and occupants within a 300-foot radius of the
site's property lines and notice shall be sent to the City's newspaper of regular circulation for publication. Public notice for
Planning Commission review applications shall include the following information:
a. The address of the subject property or properties.
b. The application type.
c. The nature of the development.
d. The date and location of the Planning Commission public hearing.
e. Contact information to provide public comment for Planning Commission consideration.
f. Notice that the City of Holland will provide necessary services and auxiliary aids at the public hearing to individuals with disabilities, upon request a minimum of seven days prior to the public hearing.
3. Planning Commission public hearing.
The Planning Commission shall hold a public hearing to receive public comment on the development proposal.
4. Application determinations.
a. Following the public hearing, one of the following application determinations shall be made by the Planning Commission.
1) Approve. The Planning Commission shall approve a development application upon determination that an application is complete and the proposed development is in compliance with the standards and requirements of UDO and other ordinances, codes, and laws.
2) Approve with conditions. The Planning Commission shall approve a site plan application contingent on the applicant meeting specified conditions of approval if minor modifications are needed and if additional ordinance or code items need to still be met.
3) Deny. The Planning Commission shall deny an application upon determination that the proposed development does not comply with the standards and regulations of UDO and/or other ordinances, codes, and laws, or requires extensive, major revisions to comply with said standards and regulations.
4) Table. Upon determination that an application is incomplete and/or the application is not ready to be approved, approved with conditions, or denied, or upon request by the applicant, the Planning Commission may keep the public hearing open and table consideration of an application until a future Planning Commission meeting.
b. Recording of action at Planning Commission meeting. Each action taken shall be recorded in the minutes of the Planning Commission meeting including points of discussion and additional conditions imposed by the Planning Commission in conjunction with an approval. For special land use and rezoning applications, the minutes shall record the findings of fact relative to each application and the grounds for the action taken.
5. Appeals of Planning Commission review decisions.
An application for an appeal shall be submitted to the Community and Neighborhood Services Department, which shall stay action on the issuance of any permit. The appeal application shall state the factual basis for the appeal. The Board of Appeals shall hold a public hearing and shall then affirm, reverse, or otherwise modify the original Planning Commission review determination, stating its finding and reasons for its action. A written copy of such findings, reasons, and actions shall be provided to the applicant and filed with the City Clerk. Challenges to a rezoning and appeals to a special land use decision shall be made to the Circuit Court.
6. Additional meetings if applicable.
The following meetings may be required depending on the application type and the zone district of the subject property:
a. Concept plan framework meeting. A
concept plan framework meeting shall be required with Community and Neighborhood Services (CNS) planning staff to review the framework and context of the proposed
development, site, and/or
rezoning to ensure the eventual
site plan will meet
UDO, other ordinances and laws, and the goals of the City. Additional meetings may be required or requested. This framework meeting may be waived by CNS staff if determined unnecessary.
b. Administrative Review Team meeting. See
§ 39-12.05B.
c. Planning Commission study session. The
applicant shall present proposed
development information, including
site plans and
building elevation plans or renderings, to the
Planning Commission during the study session prior to the application submittal to obtain
Planning Commission feedback. The
Planning Commission shall not take any formal action at this meeting.
d. Public outreach workshop. A public outreach workshop shall be required for the following application types:
1) New construction in a downtown form-based code subdistrict (F-CDT, F-NDT, F-EDT, F-WDT, and F-CENT).
2) Planned unit developments (PUDs).
3) Rezoning of a property or properties to any zone district other than LDR, CNR, and MDR.
4) Requirements. A mailed notice to property owners and occupants within a minimum radius of 600 feet from all development site property lines shall be provided a minimum of 15 days prior to the workshop and to the DDA if located in a downtown form-based code subdistrict. A written summary shall be provided by the applicant in the development application stating what was discussed and how the public's feedback was incorporated into the final site plan design.
e. Downtown Development Authority (DDA) recommendation. An applicant shall be required to present a proposed development to the DDA if the subject property is located in a downtown form-based code subdistrict (F-CDT, F-NDT, F-EDT, F-WDT, F-CENT). The DDA shall provide a written recommendation to the Planning Commission, which shall be included in the staff report.
f. National Register Historic Downtown District meeting. An applicant is required to meet with the Historic Preservation Planner and the Senior Planner if the subject property is located in the F-CDT Subdistrict and is in the National Register Historic Downtown District per the following map. The intent of this meeting is to review the proposed development's building design alignment with the United States Secretary of the Interior's Standards of the Treatment of Historic Buildings. The Planners may recommend design changes to improve historic compatibility. Comments and recommendations shall be included in the staff report to the Planning Commission.
National Register Historic Downtown District Map
D. PUD planned unit development and condominium developments.
1. PUD planned unit development application review process.
The Planning Commission shall review and make an application determination (Section 39-12.07E) based on the following required PUD application items and the criteria in
Sec. 39-2.19: Planned Unit Development Zone District..
1) Site plan details.
2) Conditions of site plan approval.
3) A description of the property.
4) A description of the permitted uses of the property, the density or intensity of use permitted, and the maximum height and size of buildings permitted.
5) History of previous PUD agreements and amendments approved.
6) Actions taken by the Planning Commission and City Council.
7) Review and explanation of all special provisions agreed to by the applicant and City during the course of the review of the PUD site plan proposal.
8) An explanation of all public improvements to be undertaken by the applicant or the City in conjunction with the proposed PUD.
9) Confirmation that the proposed development meets the provisions of UDO, other ordinances or codes, and the Master Plan.
10) Duration of the agreement and terms under which a termination date, if applicable, may be extended by mutual agreement.
2. Condominium application review processes.
a. There are two condominium development methods:
site condominiums and traditional condominiums.
b. Site plans shall meet the requirements specified in
Article 39-11: Subdivision of Land and in
Sec. 39-12.09: Application and site plan components required..
c. Condominium documents. The proposed master deed, including the condominium bylaws and the condominium
subdivision plat, require approval prior to permit issuance. The recorded version of these aforementioned documents shall be submitted to CNS promptly after recording.
E. Application types requiring a recommendation by Planning Commission to City Council for final determination.
