§ 14-403. Procedures for the Establishment of a Commercial Entertainment District.

   (1)   Council shall designate, by ordinance, such Commercial Entertainment Districts in such areas as Council deems appropriate. For each such District, such designations shall become effective upon the adoption of an ordinance designating the district boundaries; and the approval by the Commission pursuant to subsection (2) of a Plan of Development for the District. Upon the designation becoming effective, the underlying zoning classification for all lots within the District shall be superseded, and no permits shall issue for any use within the District other than as permitted by the approved Plan of Development and this Chapter. 290

   (2)   Review and approval of a proposed Plan of Development. The Commission shall approve a proposed Plan of Development for a Commercial Entertainment District or any proposed amendment to a previously approved Plan of Development if the Commission finds that the Plan is consistent with the purposes of such a District, is in compliance with the provisions of this Chapter, and is otherwise appropriate in terms of scale, density, accessibility and design for the neighborhood. 291

   (3)   Plan Submission Requirements. The owner of any lot within a proposed or adopted Commercial Entertainment District may submit a proposed Plan of Development to the Commission, or, at any time after approval of a Plan of Development, a proposed amendment to a Plan of Development, for the Commission's review and approval. Said Plan shall be submitted with the following information:

      (a)   The extent, boundaries, and area of the district to include lot area and width dimensions;

      (b)   The proposed maximum gross floor area;

      (c)   The dimensions and heights of the proposed structures or existing structures to be retained as well as the use or uses intended for each structure;

      (d)   The occupied area, gross floor area, and height of all buildings within the district;

      (e)   The size and location of all parking areas; the size and location of all driveways leading thereto; and the size and location of all other private drives, ways or streets intended to be used by automobile traffic;

      (f)   The size and location of all off-street loading facilities;

      (g)   The size and location of any signs;

      (h)   A landscaping plan;

      (i)   A transportation management plan that details internal circulation systems, external access points, pedestrian flows, including to and from parking facilities, and estimates of levels of service on sidewalks and internal roads. The plan shall include a traffic and parking study prepared by a licensed traffic engineer, assessing the impacts of new traffic generated by the proposal on roadway and intersection capacity, public transit and other bus operations, and pedestrian and bicycle circulation and safety; 292

      (j)   A parking management plan describing the proposed policy on and resources for parking for patrons, employees and managers, and anticipated traffic and parking management resources; 293

      (k)   Any recommendations on intersection improvements, new roadway construction, or widening of existing roadways, if required, and any traffic buffers to protect residential areas, including the manner of funding such improvements by the developer; 294

      (l)   Any other information which the Commission may deem necessary, to include sufficient guarantees in the form of restrictive covenants running with the land or letters of intent for any lands to be dedicated for public use. 295

   (4)   In the event the owner of a lot within a District submits a proposed Plan to the Commission and the Commission fails to approve, disapprove or table consideration of it within 45 days after submission, it will be deemed approved by the Commission. 296

 

Notes

290	Amended, Bill No. 090294 (approved June 3, 2009).
291	Amended, Bill No. 090294 (approved June 3, 2009).
292	Added, Bill No. 060631 (approved November 29, 2006).
293	Added, Bill No. 060631 (approved November 29, 2006).
294	Added, Bill No. 060631 (approved November 29, 2006).
295	Renumbered, Bill No. 060631 (approved November 29, 2006).
296	Amended, Bill No. 060631 (approved November 29, 2006); amended, Bill No. 090294 (approved June 3, 2009).