In order to encourage flexibility in design, preserve green areas of the Village, promote coordinated, planned commercial development to serve the residents of the Village, promote the economic well-being of the Village, and advance the policies of the North Perry Comprehensive Plan, land may be used in accordance with a commercial development plan approved by the Planning Commission which plan shall meet the following minimum requirements within an area zoned C-1 Commercial.
(a) The total area of land to be known as a Commercial Planned Development shall contain not less than three acres of contiguous land located wholly within the Village.
(b) The development area shall contain one or more buildings used exclusively for uses permitted in the C-1 District as set forth in Table 1127.02 of the Zoning Code.
(c) A commercial neighborhood street (as defined in Section 1155.02(h) and regulated in Chapter 1155) intersects, or is planned to dissect the Commercial Neighborhood Development area proposed. The commercial neighborhood street, if not already extended to the Applicant’s property will be extended in accordance with the Subdivision Regulations of the Village of North Perry and at the cost of the property owner. or when approval from the Village Council is obtained, initially at Village expense and then the cost shall be assessed against the Commercial Neighborhood Development area by the Village.
(d) In considering a proposed Commercial Planned Development, the Planning Commission may allow development to occur and deviate from the provisions dealing with minimum lot frontage, building setback from the street, and rear and side lines set forth in Sections 1127.03 through 1127.06, where deemed appropriate by the Commission in order to provide meaningful and flexible layout of the streets, walkways, sidewalks, parking areas, and commercial buildings in order to create a commercial neighborhood concept not violating the spirit or intent of the Subdivision Regulations and the Zoning Code of the Village in compliance with the following:
(1) A minimum of fourteen feet front, side or rear yard setback from a new street right of way shall be maintained.
(2) The Commission shall require, as part of a Commercial Development Plan, that a twelve (12) foot-wide utility easement be granted by the developer of the Commercial Development on either side of any new right of way for the purpose of installing utilities that would ordinarily not be included in the right of way, such as telephone, communication, cable, gas, and electric lines, cables, pipes, conduits and appurtenances thereto. All such utilities shall be constructed underground throughout the Commercial Planned Development.
(e) In addition to the requirements for development plan review as set forth in Section 1127.10 and prior to any action taken as part of the conditional use review by the Planning Commission as set forth in Chapter 1109, the Commercial Planned Development Plan shall be transmitted to the Village Council for consideration at a minimum of one regularly scheduled Council Meeting, and any comments from Village Council shall be provided to the Planning Commission.
(f) The Commission shall consider the amount, if any, of open space to be preserved and maintained, by deed restriction approved by the Village Solicitor, and may consider retention ponds as one of the methods of creating open space to be preserved for the benefit of the Commercial Planned Development and the Village.
(Ord. 19-10. Passed 11-7-19.)