Commercial planned developments are areas which due to their size and scope, or the need to provide for a planned or phased development, or the need to combine disparate commercial and/or residential uses within the same planned development, such developments would not otherwise be permitted by the provisions hereof.

(Ord. of 12-3-2018)

This district is intended to provide for appropriate planned development of quality mixed use projects by allowing greater flexibility and creativity in the land development process, by undertaking techniques which foster community and pedestrians, by creating roadway and pedestrian connections to residential areas, by minimizing the need for surface parking through compact and efficient land use, providing transitions between high traffic streets and neighborhoods, and thereby achieving the objectives of the city's comprehensive plan

(Ord. of 12-3-2018)

The following uses are allowed within this district. Uses not listed in this subsection are prohibited in this district.

1.

Corporate headquarters and corporate campus developments.

2.

Churches and their customary related uses, including cemeteries upon specific approval by the board of commissioners.

3.

Assisted living facility.

4.

Parks, playgrounds, community centers, and schools (public or private).

5.

Public cultural buildings such as libraries, museums, playhouses and theaters, and art galleries.

6.

Condominiums and townhouses.

7.

Banks and other financial institutions.

8.

Business and professional offices, including, but not limited to, medical, dental, legal, financial, architectural, engineering, real estate, insurance and manufacturing representatives.

9.

Personal service establishments, including, but not limited to, barber and beauty shops, drycleaners, and shoe repair.

10.

Retail establishments except the following:

a.

Automobile dealerships.

b.

Motels, hotels.

c.

Liquor stores.

d.

Drive-in theaters.

11.

Residences up to six units per acre total density.

12.

Restaurants, grills, and similar eating and/or drinking establishments, including drive-throughs.

13.

Nursery schools, and day care centers.

14.

Continuing care retirement community upon specific approval by the board of commissioners.

15.

Wholesalers with a retail outlet.

16.

Upon determination by the planning commission and the mayor and council that same will not be a hazard, or detrimental to the community, mixed density residential uses. Town homes and single-family residential units shall be limited to rear entry garages or drives via alleyways.

17.

Public recreational, emergency service, utility, and semi-public uses.

(Ord. of 12-3-2018)

The following uses are specifically not allowed within this district. Other uses not listed as permitted uses above are also prohibited in this district.

1.

Those uses and activities generating deleterious and hazardous sound, odor, or visual effects beyond the boundary of the area proposed for the C-PCD zone.

(Ord. of 12-3-2018)

1.

An application for development as a commercial planned comprehensive development must contain a minimum area of ten contiguous acres for strictly commercial proposals. The minimum area required for commercial planned comprehensive developments with a residential component other than second story residential is 20 acres.

2.

The planning commission and the mayor and council in their review of the proposed development shall consider:

a.

The proper relation between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for city;

b.

The adequacy of existing and proposed street, utilities, and other public services to serve the development; and

c.

The character, design and appropriateness of the proposed land uses and the adequacy of the character, design and land use to encourage desirable development, including providing separation and screening between uses if desirable.

3.

Cornices on buildings shall align where possible within the development and the height shall transition in a step-down approach when adjacent to residential development.

4.

Final approval of a C-PCD shall not be granted until the owner or owners of the property give written notice of their consent to the proposed development.

5.

All CPCD projects shall have a minimum of two distinct types of land use. A minimum of 50 percent of the project shall consist of either, commercial, office, public, personal service, restaurant or similar uses. Land use calculation shall be determined by gross floor area for those projects that contain a vertical mixture of uses, and shall be calculated by the total project land area for those projects containing a horizontal mixture of uses. Separate land uses shall be integrated both horizontally and vertically.

6.

Parking shall be oriented behind when practicable.

a.

Building entrances and parking areas and pathways shall be lit to two foot candles with pedestrian scale lighting.

b.

Parking area lighting shall have an average of no more than six foot candles for the projects.

c.

In general light should be designed so that light is not directed off the site and the fixtures shall be fully shielded or be designed with cut-offs to eliminate up lighting, spill, and glare.

d.

Illuminance levels at property lines abutting adjoining residential districts shall be a maximum of 0.5 foot candles.

7.

Open space:

a.

The amount of permanent open space or natural space required shall be no less than 30 percent of the development.

b.

Natural areas that are unsafe for pedestrians or not easily accessible to pedestrians, including swamps, floodplains, wetland areas, steep slopes (35 percent or more for a distance of 100 feet or more), woodlands, lakes, ponds and streams, may be included as open space; but these areas shall not count for more than 50 percent of the total open space required.

c.

Developments are encouraged to utilize creative methods for storm water management and quality when such methods provide additional open space opportunities.

8.

Bonuses:

a.

Residential density bonus:

i.

Residential density may be increased by including second story units above retail or office which will not count against the overall six dwelling unit per acre density.

b.

Open space reduction bonus: A ten percent reduction in open space may be granted if the development includes a majority of the following items;

i.

The site layout clusters building on the site to promote linked trips. A cluster is a group of buildings that are attached, oriented on adjacent street corners, or are close together such that a pedestrian need not walk across more than 64 lineal feet between building entrances.

ii.

The site layout includes pedestrian facilities that connect through the development to the public right-of-way.

iii.

The site includes within its open space an active park.

iv.

The development provides at least ten square feet of public space (i.e. public art, fountains, benches with a focal area, or similar public spaces) in addition to sidewalks for every ten off street surface parking spaces.

v.

Reducing impervious cover of parking areas using alternative paving techniques by ten percent.

9.

Review and application procedures.

a.

Pre-application conference. Prior to filing a formal application as a C-PCD, the applicant shall confer with the planning staff in order to review the general character of the plan (on the basis of a tentative land use sketch if available) and to obtain information on projected programs and other matters.

b.

Development plan.

1.

An applicant shall file an application with the planning staff for approval of a commercial planned comprehensive development. This application shall be supported by a development plan and written summary of intent, and shall show the relation between the proposed development and the surrounding area, both existing and proposed.

2.

The following items shall be presented:

i.

A general location map;

ii.

Existing topographic conditions, including contour interval of no more than two feet based on field surveys or photogrammetric methods;

iii.

The existing and proposed land uses and the approximate location of all buildings and structures;

iv.

The approximate location of all existing and proposed streets and major thoroughfares;

v.

The approximate location of all existing and proposed utilities; including a preliminary utility and drainage plan;

vi.

A legal description of the subject property and a current boundary survey;

vii.

The location and use of existing and proposed, public, semi-public or community facilities such as school, parking and open areas. The plans should include areas proposed to be dedicated or reserved for community or public use;

viii.

If a proposed development creates special concerns or problems or involves unusual circumstances, then additional information may be required to properly evaluate the proposal; the additional information may include the following information:

*

An off-street parking and loading plan;

*

An economic feasibility study report or market analysis;

*

A comprehensive traffic study of the area;

*

A traffic circulation plan within the development;

*

An environmental impact study; and

*

Other information as may be required.

c.

The written statement submitted with the development plan shall include the following items:

1.

A statement of the present ownership of all land within the proposed development;

2.

An explanation of the character of the proposed development, including a summary of acres, development units, and gross density by type of land use. The explanation shall include minimum standards for floor area, lot size, yard and spacing requirements;

3.

A development schedule and progression of unit division or staging; if applicable, both residential and commercial portions of the project shall be included in the first phase.

4.

Proposed agreements, provisions, and covenants, which govern the use, maintenance, and protection of the development and any common or open areas.

d.

A master drainage plan to identify major forms of detention/retention and to encourage creative water quality and quantity treatment processes.

10.

Approval. An application for approval of a C-PCD will be considered administratively as an application for amendment of the district map and will be subject to the procedures established in this ordinance.

If the development plan is approved as submitted, the planning staff will cause the district map to be changed to indicate the C-PCD. If the development plan is approved with modifications, the applicant shall file a properly revised site plan with the planning staff prior to changing the district map. The site plan and supporting information of any approved plan shall be properly identified and permanently filed with the planning office.

11.

Building and occupancy permits. At such time as application is made therefore, the department of planning and zoning, shall issue building permits for buildings and structures in the area covered by the approved development plan if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulation. The building inspector shall issue a certificate of occupancy for any completed building or structure located in the area covered by the approved development plan if it conforms to the requirements of the approved plan and all other applicable regulations.

12.

Revision of the development plan. Any major or substantial change in the approved development plan which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes must be reviewed and approved by the mayor and council subsequent to receipt of the recommendation of the planning commission. A request for a revision of the development plan shall be supported by a written statement justifying the necessity or desirability for such revisions. Notwithstanding the foregoing, the planning director or designee shall have authority to approve minor changes in lot sizes or configurations without prior approval of the planning commission or mayor and council.

13.

Reversion of zoning approval.

a.

If any portion of an approved development is rezoned to any other land use classification prior to the substantial completion of construction of internal streets or buildings (whichever is commenced first), the approval of the development plan shall lapse under this provision, in which event the planning director or designee by operation of law shall, within 30 days of the rezoning approved by the mayor and council:

i.

Cause the development to be removed from the official zoning map;

ii.

File a notice of revocation with the recorded development plan;

iii.

Notify each owner of record, in writing, of the action; and

iv.

Reinstate the land use classification and regulation which were in effect prior to the approval of the development plan.

b.

If implementation of any approved C-PCD is delayed by more than two years from the approved schedule of development, no further development shall be allowed until the undeveloped portion of the tract is reclassified to another land use classification or the development plan as provided for in subsection 9 above is revised in accordance with the procedures set forth in subsection 12 above.

14.

Fees. At time of application for reclassification to commercial planned comprehensive development (C-PCD), the applicant shall pay a non-refundable fee as noted in the city fee schedule (section 2-110) which fee shall be in addition to any other fees required by this ordinance.

(Ord. of 12-3-2018)