(a) General Provisions.
(1) The owner of a tract of land located in any "C-1" or "C-2" District containing not less than one acre shall submit to the Municipal Planning Commission for its review, a preliminary plan for the use and development of such tract of land for a commercial center. The Commission shall review the proposal and make its recommendations to the applicant. At the time of filing of the preliminary development plan, the applicant shall pay a fee of one hundred fifty dollars ($150.00), no part of which shall be refundable.
(2) In accepting such preliminary plan for review, the Commission shall be satisfied that the proponents of the commercial center shall begin and complete construction within a time period approved by the Commission. Construction shall commence within one year of the final approval of the development plan by Council or such extension of time as may be granted by Council or such approval becomes null and void.
(3) The preliminary development plan shall include the following items:
A. A vicinity map showing the perimeter boundaries of the area of land included in the application;
B. A boundary survey and boundary map with a point of reference to the intersection of two public rights of way;
C. A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the Commission. The topographical survey shall show five foot contours or contours at an interval as may be required by the Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application;
D. The proposed location and size of areas for all land uses on the property indicating building areas, building densities and building types in the development plan;
E. The proposed size and use of all portions of the site not committed to commercial uses and indication of their ownership and maintenance;
F. A brief narrative describing the site and the efforts to be taken on the part of the applicant to maintain any unique or attractive features of the site;
G. The proposed traffic circulation pattern including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography or existing streets; and
H. Evidence that the applicant has sufficient control over the land to undertake the proposed development.
(b) Location, Size and Character of Development. The following regulations, conditions and procedures shall apply to the development of shopping centers:
(1) The need for the proposed development has been demonstrated by means of market studies and such other evidence as the Commission may require.
(2) The proposed shopping center is located so that direct and adequate traffic access is supplied from principal thoroughfares and where congestion will not likely be created by the proposed center, or where congestion will be alleviated by presently projected improvement of access thoroughfares.
(3) The developer shall be required to pay the cost of the construction and installation of improvements on streets abutting the shopping center, including any acceleration and deceleration lanes or traffic channelization devices deemed necessary to control traffic generated by the shopping center, and shall dedicate or deed lands necessary for street widening purposes when so required by the City.
(4) The proposed plan for development of the shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping, and will fit harmoniously into and will minimize adverse effects upon the adjoining or surrounding development.
(c) Design Regulations. The following regulations shall apply to an integrated shopping center:
(1) Building heights. No building shall exceed three stories or forty-five feet in height, except as modified by Section 1149.04.
(2) Yards and screening. No building shall be less than forty feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any "R" District by a masonry wall or compact evergreen hedge at least six feet in height. Such wall or hedge shall be placed at least ten feet from the property line.
(3) Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate thirty-five percent (35%) in "C-1" Districts, or twenty-five percent (25%) in "C-2" Districts, of the total area of the lot or tract.
(4) Customer parking space. Notwithstanding any other requirements of the Planning and Zoning Code, there shall be provided one off-street parking space for each 231 square feet of gross leasable floor area not including basement storage space in the shopping center.
(5) Access drives and illumination of parking areas. Access drives shall be at a minimum interval of 300 feet, and illumination of parking areas shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
(d) Submission and Approval of Final Development Plan.
(1) Upon determination by the Commission that the proposed integrated commercial center as shown by the preliminary plan conforms to the requirements of this section and all applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Commission. At the time of filing of the final development plan, the applicant shall pay a fee of one hundred dollars ($100.00), no part of which shall be refundable. In addition to those items required under the preliminary development plan, the final development plan shall include the proposed provision of water, sanitary sewer and surface drainage of facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities.
(2) In addition to the final development plan for any development involving the extension of utilities or the construction of or alteration to any street, the owner shall also submit conceptual utility drawings containing the following information:
A. The pipe size, slope, manholes and location of the sanitary sewer system;
B. The size, shape and slope for all pipes and channels of the storm sewer system with accompanying storm drainage calculations;
C. The size and location of water lines and fire hydrants; and
D. Street grades, cross sections, elevations and contours at two foot intervals;
If a conceptual utility plan is required, the applicant shall pay a fee of fifty dollars ($50.00) per acre for each acre in the subdivision; however, such fee shall not be less than two hundred fifty dollars ($250.00) for the purposes of reviewing such utility plans.
(3) If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan with its report and recommendations, together with the required application by the proponents of any necessary change in zoning classification of the site of the proposed center, to Council which shall hold a public hearing on both the development plan and/or application for a change in zoning.
(Ord. 22-87. Passed 5-11-87.)
(4) (EDITOR’S NOTE: Former subsection (d)(4) was repealed by Ordinance 14-95, passed April 10, 1995.)
(5) Following a public hearing, Council may approve the final plan as submitted by the Commission or may approve modification of the plan if the modification is consistent with the intent and meaning of this Zoning Ordinance and is in substantial conformity with the final plan as approved by the Commission.
(Ord. 22-87. Passed 5-11-87; Ord. 47-97. Passed 7-28-97.)
(e) In the event the applicant receiving approval of the integrated shopping center does not proceed with its construction within the time limit established by the Commission, the City shall require the applicant to show cause why such approval should not be revoked. If the Commission determines that the best interests of the City will not be served by the applicant continuing to hold the approval, the Commission shall make such recommendation to Council. After receiving the recommendation from the Commission, Council may initiate necessary proceedings to revoke the approval.
(Ord. 22-87. Passed 5-11-87.)
(Ord. 22-87. Passed 5-11-87.)
(f) Changes, Adjustments, or Rearrangements of the Final Development.
(1) After the final development plan has been approved by Council, a request for the change, adjustment, or rearrangement of buildings, parking areas, entrances, heights, or yards shall be submitted to the Director of Planning and Building for a determination as to whether a review of such change, adjustment, or rearrangement by the Planning Commission is required. If the proposed amendment otherwise complies with this Planning and Zoning Code, contains changes that do not conflict with the standards established by the final development plan, and maintains the character and integrity of the original development, then such amendment may be approved by the Director of Planning and Building without further review. The City may establish standards of review in making such determination, including without limitation, the degree of:
A. Expansion or demolition of structures;
B. Change to parking spaces or traffic circulation in parking lots; and,
C. Change in the overall character of the development.
(2) Upon a determination by the Director of Planning and Building that a review by the Planning Commission is necessary, the owner or developer shall submit an application to the Director of Planning and Building for a Planning Commission Review of Amendment to Development Plan.
(Ord. 09-2013. Passed 4-15-13.)
(3) The Planning Commission may disapprove such proposed amendment, but may recommend a further review by Council for any reason, in which case a report and recommendation shall be forwarded to Council. Council shall hold a public hearing on the proposed amendment, and, if, thereafter, Council determines such proposed amendment substantially conforms to the standards established by the final development plan and complies with this Planning and Zoning Code, such amendment may be authorized by Council, by resolution or ordinance.
(4) The Planning Commission may:
A. Disapprove such proposed amendment with no further review by Council; or
B. Approve such proposed amendment with no further review by Council if it determines that the amendment substantially conforms to the standards established by the final development plan and it complies with this Planning and Zoning Code.
Provided, however, that a decision of the Planning Commission to approve an amendment to a development plan with no further review may be appealed to Council by any Planning Commission member or Council member by the filing of a written notice with the Clerk of Council within fifteen days of such decision, in which case a report and recommendation shall be forwarded to Council.
(5) Nothing in this section is intended to limit or restrict the right of appeal of a decision of the Planning Commission to Council as set forth in this Planning and Zoning Code.
(6) All applications for a Planning Commission Review of Amendment to Development Plan shall be submitted with a fee of fifty dollars ($50.00).
(Ord. 47-97. Passed 7-28-97.)