A. Zoning Review: Preliminary plan required in order to establish the BPL planned business district zoning designation.
1. Planned business zoning requires a public hearing before the planning commission. The developer shall present plans, reports and related information in sufficient detail to enable the planning commission to evaluate the proposed planned business district in accordance with this section. Such plans shall be of a general nature showing the schematic design of the planned business district and contain the following:
a. Legal description of property to be zoned.
b. Location of the district boundaries.
c. Location, number, and type of structures proposed for various areas in the development.
d. Location of internal streets with right of way widths indicated and their relationship to existing neighborhood streets and the thoroughfare plan.
e. Location of proposed curb cuts.
f. Location of proposed parking area.
g. Location and size of public utilities and power substations.
h. Map showing relationship of the proposed development to the comprehensive plan with particular emphasis on relationship to adjoining zones.
A date for a public hearing shall not be set until all of the above required information has been presented to the administrative official. Upon receipt of the preliminary plans, the administrative official shall schedule a public hearing before the planning commission.
2. In reviewing the planned business zoning, the commission shall determine if:
a. There is reasonable justification for a planned business district at the proposed location.
b. The planned business district will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor diminish and impair property values within the neighborhood.
c. The establishment of the planned business district will not impede the normal and orderly development and improvement of surrounding property.
d. The proposed planned business district will permit and encourage an environment of sustained desirability and stability, and that it will be compatible with the character of the surrounding neighborhood.
e. The district will conform to the policies and goals of the city's comprehensive plan and will be consistent with the intent of this title.
After the hearing, the planning commission within fifteen (15) days shall make a recommendation to the city council for denial or approval of the planned business zoning. The city council shall deny or approve the planned business zoning.
B. Final Plan Design Review And Approval: Final plan required for design review and approval of the planned business development.
1. The applicant shall submit final plans for design approval within eighteen (18) months after planned business zoning approval. If more than eighteen (18) months elapse after zoning approval and final plans have not been submitted to the administrative official, the planning services division shall notify the city council. An extension to the eighteen (18) month time limit may be granted by the city council if good cause is shown by the applicant. If such extension is not granted the planning services division shall begin proceedings to have the land rezoned to its previous zoning district designation.
2. Upon receipt of the final plans, the administrative official shall process the plans in the manner prescribed in the site plan procedure as delineated in section 15.6.10 of this title; provided, however, that the administrative official shall only indicate tentative approval of the site plan and final plans. Upon granting tentative approval, the administrative official shall schedule a meeting before the city council for the design review of the planned business development. These plans shall establish the design and performance standards for the planned business development.
3. In addition to the information required by section 15.6.10.3 and chapter 4 of this title, the final development plan shall include:
a. The nature of any unique design characteristics.
b. Relationship of vehicular traffic system in regards to pedestrian traffic flow systems.
c. Delineation of development staging; each development stage must have final plan approval.
d. Location of all structures within the planned business development.
e. All landscaping (species, location and initial size).
f. Any variations from schematic plan approved at the time of zoning review.
g. Location and specification of pedestrian walkways.
h. Nature of sign system.
i. Location and nature of any drive-in facilities.
4. In reviewing the planned business development design plan the city council shall determine if:
a. The elements of the plan are arranged and designed to reflect the principles and objectives of the intent of this section.
b. The design of the planned business development will not be detrimental to the public health, safety, or general welfare.
The city council shall approve or deny said development plans within forty five (45) days after receipt of said plans from the administrative official. After the city council grants final development plan approval, the city administration may then grant final site plan approval to the development.
5. After approval by the city council, the final development plan shall be recorded by the city clerk and kept on file in the office of the administrative official.
6. All final plans recorded hereunder shall be binding upon the applicants therefor, their successors and assigns, shall limit and control issuance and validity of all zoning permits and shall restrict and limit the construction, location, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans; provided, however, that upon application to and approval by the planning services division minor changes may be permitted if such minor changes will not cause any of the following to occur:
a. A change in the character of the development.
b. An increase in the ratio of the gross floor area in structures to the lot area.
c. An increase in the intensity of use.
d. A reduction in the originally approved separations between buildings.
e. An increase of the problems of circulation, safety and utilities.
f. Any detrimental effects on adjacent property.
g. A reduction in the originally approved setbacks from property lines.
h. An increase in ground coverage by structures.
i. A reduction in the ratio of off street parking and loading space to gross floor area in the structures.
j. A change in the subject, size, lighting, or orientation of originally approved signs.
7. After city council's approval of the final development plans, the applicant shall have eighteen (18) months to obtain a building permit and start construction. If more than eighteen (18) months' time elapses after final plan approval and construction has not begun, the planning services division shall notify the city council. However, an extension to this time limit may be granted by the city council if good cause can be shown by the applicant. If such extension is not granted, the planning services division shall begin proceedings to have the land rezoned to its previous zoning district designation.
8. Any alterations or additions to recorded final plans, other than as subject to the conditions provided in subsection B6 of this section, shall require approval in the same manner as final plans as provided in this title.
C. Procedures For Additions Or Alterations: Procedures for additions or alterations to commercial developments which may exist on the effective date hereof and are included in a BPL district.
1. If such developments were previously approved, the plans and agreements so approved shall be considered final plans meeting the requirements of this title and such developments shall conform to said previously approved plans. Any alterations or additions to said plans shall require approval in the same manner as final plans as provided in this title.
2. If no previously approved plan exists for such existing developments on the effective date hereof, a final plan shall be approved as provided in this title before any alterations or additions to the development may be made. (Ord. 2013-20)