In addition to the general conditions as stated herein, and subject to the limitations imposed by the vehicle trip allocation table in section 068-14 of this ordinance, the following land use design criteria shall apply to the areas as designated on the specific plan map on file in the city. The specific plan map, on file in the city delineates parcels of the specific plan as A through M. The following development standards and use regulations shall apply to the respective development parcels:
A. Parcels A, C, E, I, J, K, L, M: The use regulations and provisions set forth in title 9 of the city code for regional commercial (RC) district as permitted (P) and permitted conditional (Pc) shall apply to any development proposal for all property within these parcels unless otherwise noted in this ordinance.
1. Land Uses: Uses within these parcels are those set forth in title 9 of the city code for regional commercial (RC) district as permitted or permitted conditionally except as modified below:
a. The following permitted (P) uses shall have the following restrictions:
(1) SIC 553 Automotive dealers and service stations - auto and home supply stores (specifically, automotive tire dealers) - maximum of one freestanding establishment which is not ancillary to a larger retail establishment within the overall Galleria Development. No outside display or storage of any kind shall be allowed.
(2) SIC 5999 Miscellaneous retail stores, not elsewhere classified - no outside display or storage of any kind shall be allowed.
b. The following permitted conditional (Pc) uses shall be permitted (P) with the following restrictions:
(1) SIC 554 Gasoline service stations, without repair and SIC 541 Convenience stores - a total of two (2) such establishments shall be allowed; however, locations of such shall be limited to one on the north side of Mills Civic Parkway and one on the south side of Mills Civic Parkway.
(2) SIC 526 Retail nurseries and garden stores - shall be limited to one freestanding establishment which is not ancillary to a larger retail establishment within the overall Galleria Development.
(3) SIC 0742 Veterinary services for animal specialties, no outdoor runs - shall be limited to as an ancillary use as part of a larger retail establishment.
(4) SIC 5999 Miscellaneous retail stores, not elsewhere classified - pet and pet supply shops - shall be limited to one freestanding establishment which is not ancillary to a larger retail establishment within the overall Galleria Development.
(5) SIC 7542 Car washes - maximum of one freestanding establishment which is not ancillary to a larger retail establishment within the overall Galleria Development, shall be allowed, including within Parcel B.
(6) SIC 5999 Miscellaneous retail stores, not elsewhere classified - no outside display or storage of any kind shall be allowed.
(7) SIC 60 Depository institutions - banks (specifically freestanding ATM) - maximum two (2) freestanding machines that are not located on the same parcel as a bank. ATM structure shall be complementary and consistent with the overall Galleria architectural theme, materials and colors.
(8) Additional locations of the above listed uses may be allowed with the approval of a permitted conditional (Pc) use permit by the appropriate approval body.
c. The following permitted conditional (Pc) use shall be limited to a maximum of two (2) within the overall Galleria Development:
(1) SIC 5813 Drinking places.
d. A maximum of two (2) of any of the following permitted conditional (Pc) uses that are not ancillary to a larger retail establishment shall be permitted (P):
(1) SIC 7538 General automotive repair shops.
(2) SIC 7534 Tire retreading and repair shops.
(3) SIC 7536 Automotive glass replacement shops.
(4) SIC 7537 Automotive transmission repair shops.
(5) SIC 7539 Automotive services not elsewhere classified (specifically brake services).
(6) SIC 7549 Automotive maintenance services.
e. The following permitted conditional (Pc) uses shall be prohibited:
(1) SIC 0752 Boarding services - kennels with outside runs.
(2) SIC 4522 Heliport/helistop.
(3) SIC 554 Gasoline service stations with repair.
(4) SIC 5999 Adult entertainment establishments.
(5) SIC 60 Depository institutions - banks (specifically check and cash agency).
(6) SIC 6141 Personal credit institutions (a.k.a., delayed deposit lenders).
(7) SIC 726 Funeral service including crematories.
(8) SIC 751 Automotive rental and leasing, without drivers.
(9) SIC 7533 Automotive exhaust system repair shop.
(10) SIC 7539 Automotive services not elsewhere classified, except brake services.
(11) SIC 7699 Repair shops and related services, not elsewhere classified - recreational vehicle repair services.
(12) SIC 7699 Repair shops and related services, not elsewhere classified - miscellaneous automotive repair shops.
f. The following permitted (P) uses shall be prohibited:
(1) SIC 4783 Packing and crating - except when establishment is of a scale and operation similar to a local post office and intended to provide both mail and package drop off services to the general public and businesses on a small scale; such small scale operations shall be considered a permitted (P) use.
(2) SIC 01 Agriculture production - crops.
g. The following permitted (P) uses shall be considered permitted conditional (Pc) uses with the following restrictions:
(1) SIC 5812 - Eating places with drive-thru - shall require the approval of a permitted conditional (Pc) use permit when the number of such uses within the parcels indicated above exceeds three (3) such establishments.
h. All permitted conditional (Pc) uses allowed per zoning or as otherwise modified within this ordinance may be allowed with the approval of the appropriate review body.
2. Setbacks: Unless otherwise required to be larger due to buffering requirements, primary and accessory building setbacks from the exterior property lines of the overall Galleria specific plan area shall be twenty five feet (25'). If site layout is designed to meet the intent of the overlay district through the creation of a street presence, primary buildings may intermittently encroach into this setback; however, in no case shall any part of the building be located less than fifteen feet (15') from the property line. No minimum building setbacks from internal property lines or building separation distances are required except as otherwise required by building and fire code. No building shall be constructed in a buffer park.
B. Parcels B and D:
1. Building B-1 Land Uses: The use regulations and provisions set forth in title 9 of the city code for regional commercial (RC) and professional commerce park (PCP) as permitted (P) or permitted conditionally (Pc) shall apply unless otherwise noted in this ordinance.
a. All permitted (P) and permitted conditional (Pc) uses allowed within the regional commercial (RC) and professional commerce park (PCP) zoning districts may be allowed with the approval of the appropriate review body unless otherwise noted in this ordinance.
b. The following permitted (P) uses shall have the following restrictions:
(1) SIC 7542 Car washes - maximum of one freestanding establishment which is not ancillary to a larger retail establishment within the overall Galleria Development also including within parcels A, C, E, I, J, K, L, M.
c. The following permitted (P) and permitted conditional uses (Pc) shall be prohibited within the northern portion of Parcel B (building B-1):
(1) SIC 4522 Heliport/helistop.
(2) SIC 541 Convenience stores
(3) SIC 554 Gasoline service stations
(4) SIC 592 Liquor stores
(5) SIC 5932 Pawn shops
(6) SIC 5962 Vending Machines
- Unattended fuel pumps
(7) SIC 5999 Adult entertainment
(8) SIC 726 Funeral services - crematories
(9) SIC 7299-02 Massage therapy and bath houses
(10) SIC 7299-03 Dating and escort services
(11) SIC 7539 Automotive services, not elsewhere classified
(12) SIC 7699 Repair shops and related services, not elsewhere classified
2. Building B-2 and Parcel D Land Uses: The use regulations and provisions set forth in title 9 of the city code for professional commerce park (PCP) district as permitted (P) or permitted conditionally (Pc) shall apply to any development proposal for all property within these parcels as shown on the specific plan map unless otherwise noted in this ordinance.
a. All permitted conditional (Pc) uses allowed per zoning or as otherwise modified within this ordinance may be allowed with the approval of the appropriate review body.
b. The following permitted conditional uses (Pc) shall be prohibited:
(1) SIC 4522 Heliport/helistop.
c. The following permitted conditional uses (Pc) shall be permitted (P) with the following restrictions (southern portion of Parcel B (building B-2) and Parcel D):
(1) SIC 5812 Eating places, sit down and eating places with takeout only, no drive-through - maximum one freestanding establishment that is not ancillary to a larger use located on either of the above indicated parcels. The establishment will need to abide by the traffic limitation established for the specific parcel.
(2) SIC 7997 Membership sports and recreation clubs - use will need to abide by the traffic limitation established for the specific parcel.
3. Parcels B and D Setbacks: Primary and accessory building setbacks from the exterior property line of the Galleria specific plan area shall be twenty five feet (25'). If site layout is designed to meet the intent of the overlay district through the creation of a street presence, primary buildings may intermittently encroach into this setback; however, in no case shall any part of the building be located less than fifteen feet (15') from the property line. No minimum building setbacks from internal property lines or building separation distances are required except as otherwise required by building and fire code. No building shall be constructed in the buffer park.
C. Parcels F and G: The use regulations and provisions set forth in title 9 of the city code for medium-density residential district (RM-12) as permitted (P) or permitted conditionally (Pc) shall apply to any development proposal for all property within these parcels as shown on the specific plan map unless otherwise noted in this ordinance.
1. Land Uses: All permitted conditional (Pc) uses allowed per zoning or as otherwise modified within this ordinance may be allowed with the approval of the appropriate review body.
2. Density:
a. Parcels F and G collectively shall not exceed one hundred ninety two (192) dwelling units with no more than eighty two (82) dwelling units being constructed within parcel G (area south of future South 68th Street).
b. The street right of way acreage necessary for the extension of South 68th Street through these parcels shall be included in the total acreage when calculating density for the parcels. The street right of way ground is estimated to be 3.5 acres.
3. Setbacks And Height Requirements:
a. Parcel F: Shall be in accordance with setback and bulk regulations for the residential medium-density (RM) district as per title 9, "Zoning", of the city code.
b. Parcel G: Shall be in accordance with setback and bulk regulations for the residential medium-density (RM) district as per title 9, "Zoning", of the city code except, the maximum building height shall be two (2) stories. Setbacks for all structures shall be a minimum of twenty five feet (25'); however, no building shall be located within the required one hundred foot (100') buffer along the south and thirty foot (30') buffer along the east without a written covenant from the adjoining property specifically reducing the setback distance. The setback distance may be reduced to an agreed upon distance that is no less than twenty five feet (25').
c. If site layout is designed to meet the intent of the overlay district through the creation of a street presence, primary buildings may intermittently encroach five feet (5') into the setback. No minimum building setbacks from internal property lines are required except as otherwise required by building and fire code. No building shall be constructed in the buffer park.
4. Buffering:
a. Parcel F And G: If at the time of platting, a single-family home(s) still exists on an adjacent parcel a thirty foot (30') buffer park shall be required along the eastern boundary of parcel(s) F and/or G. The buffer park will not be required in the event the abutting property owner to the east of the respective parcel provides a written covenant to waive the requirement.
b. Parcel G: A one hundred foot (100') buffer park shall be required along the southern boundary of parcel G. Landscaping requirements shall be in accordance with the requirements of a thirty foot (30') buffer park and shall include significant earth berming of articulated heights no less than five feet (5') to help screen the uses and road from the adjoining residential properties. Additional requirements for berming and location of landscaping and berming shall be determined at site plan development for parcel G to provide for adequate screening and buffering of the Pheasant Ridge neighborhood. Berming and landscaping shall be installed with platting or development, whichever comes first. Due to drive spacing requirements from the intersection of Stagecoach Drive and South 68th Street, an access drive from South 68th Street into parcel G may be allowed to encroach into the one hundred foot (100') buffer; however, said drive encroachment should be limited to the minimal amount necessary. Adequate buffering and screening for the residents of Pheasant Ridge must still be provided. Off street parking and the placement of primary or detached structures shall not be allowed within the buffer.
c. Consideration Of Suggestions: At the time of development of either/both parcels F and G, the suggestions contained within the petition provided by the adjoining Pheasant Ridge Development as received by the city council at their June 13, 2011, meeting, will be considered for application to the proposed development.
D. Parcel H: The use regulations and provisions set forth in title 9 of the city code for the districts indicated below shall apply to any development proposal for all property within this parcel as shown on the specific plan map unless otherwise noted in this ordinance. This parcel shall be no more than eight (8) acres.
1. Land Uses: Uses allowed within this parcel are those set forth in title 9 of the city code for the residential high-density (RH) district and for the office (OF) district as permitted (P) or permitted conditionally (Pc) shall be allowed except as modified below:
a. The following permitted (P) uses shall be prohibited:
(1) SIC 60 Depository institutions (banks).
(2) SIC 347 Coating, engraving and allied services.
(3) SIC 701 Hotels and motels.
(4) SIC 8069 Specialty hospitals.
b. The following permitted conditional (Pc) uses shall be prohibited:
(1) SIC 58 Eating and drinking places.
(2) SIC 4522 Heliport/helistop.
(3) SIC 726 Funeral service, including crematories.
(4) SIC 8063 Psychiatric hospitals.
(5) SIC 8069 Specialty hospitals.
c. The following permitted conditional (Pc) use shall be permitted (P) with the restrictions stated below:
(1) SIC 8351 Child and daycare services - maximum one such establishment which is wholly located within a larger general office use and limited to children of the office employees. The combined office use with daycare will need to abide by the traffic limitations established for this parcel.
d. All permitted conditional (Pc) uses allowed per zoning or as otherwise modified within this ordinance may be allowed with the approval of the appropriate review body.
2. Density:
a. Residential Use: A maximum of one hundred seventy four (174) dwelling units shall be allowed within this parcel;
b. Office Use: In general, approximately forty thousand (40,000) square feet of office use may be implemented in lieu of residential; however, the site shall not exceed the traffic limitations established for this parcel;
c. Combination Of Uses: A combination of residential and office uses may be implemented in this parcel; however, the combination of uses within the site shall not exceed the traffic limitations established for this parcel.
3. Setbacks:
a. Buildings three (3) stories (40 feet) or less shall be set back a minimum of twenty five feet (25'). For every additional story (12 feet of height), the building shall be set back an additional ten feet (10').
b. If site layout is designed to meet the intent of the overlay district through the creation of a street presence, primary buildings may intermittently encroach into this setback; however, in no case shall any part of the building be located less than twenty feet (20') from the property line. Minimum building setback shall be as necessary so as to not impact vision triangles and impede visibility of vehicle and pedestrian at intersections.
c. No minimum building setbacks from internal property lines or building separation distances are required except as otherwise required by building and fire code.
d. No building shall be constructed in the buffer park. (Ord. 1920, 5-31-2011; amd. Ord. 2482, 7-19-2021)