HomeMy WebLinkAbout2019-07-14-301.201
§301.20."C-3" Planned Commercial Development Regulations.
A. Statement of Intent. "C-3" District is intended to provide for the development of
shopping centers and/or commercial office buildings. For the purposes of this
section, the term "shopping center" shall mean a planned retail and service area
under single ownership, management, or control characterized by a concentrated
grouping of stores and compatible uses, with various facilities designed to be used
in common, such as ingress and egress roads, extensive parking accommodations,
etc.
Since shopping center developments, whether large or small, have a significant
effect upon the Comprehensive Plan for the development of the City, extensive
authority over their development is retained by the City Council and the Plan
Commission. Many matters relating to the shopping center's design, its potential
for success or failure and its effect upon surrounding neighborhoods must be
considered by the Council and Commission in order to reasonably be assured that
the area will not eventually become blighted. It is further intended that in the
event of an applicant's failure to construct a shopping center/office commercial
structure in accordance with a reasonable time schedule the City Council shall
enact the necessary legislation to reclassify the area to another classification
consistent with the surrounding neighborhood. Such action would also, because
of the reduction in commercial zoning in a given area, provide conditions whereby
it could be reasonable for the Council to classify other areas in the vicinity for
shopping center use.
B. Procedures. The owner or owners of any tract of land comprising an area of not
less than five (5) acres may submit to the City Council a petition requesting a
change to the C-3 zoning district classification. The petition shall be accompanied
by a plan for the commercial use and development of the tract for the purposes of
meeting the requirements of this section and be evidence of the feasibility of the
project and its effects on surrounding property, including each of the following:
1. A site plan defining the areas to be developed for buildings, the areas to be
developed for parking, the location of sidewalks and driveways and the
points of ingress and egress, including access streets where required, the
location and height of walls, existing and proposed grades, the location
and type of landscaping and the location, size and number of signs, type or
style or architecture, building materials, color or other significant features.
2. An analysis of market conditions in the area to be served. Including types
and amount of service needed and general economic justification.
3. A traffic analysis of the vicinity indicating the effect of the proposed
shopping center on the adjacent streets.
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4. A statement of financial responsibility to assure construction of the
shopping center, including landscaping, in accordance with the plan and
the requirements of this section.
The development plan shall be referred to the Plan and Zoning
Commission for study and report. The Plan Commission shall review the
conformity of the proposed development with the standards of the
Comprehensive Plan, and with recognized principles of civic design, land
use planning, and landscape architecture. The Commission may approve
the plan as submitted or, before approval, may require that the applicant
modify, alter, adjust, or amend the plan as the Commission deems
necessary to the end that it preserve the intent and purpose of this
ordinance to promote public health, safety, morals, and general welfare.
The development plan as approved by the Commission shall then be
reported to the City Council, whereupon the City Council may, approve or
disapprove said plan as reported or may require such changes thereto as it
deems necessary to effectuate the intent and purpose of this ordinance.
C. Standards. Uses permitted in the "C-3" district shall include any use permitted in
the "C-1A" or "C-2" districts and as limited by these districts, provided, however,
the Council may consider any additional restrictions proposed by the owner. The
bulk regulations of the "C-2" district shall be considered minimum for the "C-3
district"; however, it is expected that these minimums will be exceeded in all but
exceptional situations. Buildings may be erected to heights greater than those
allowed in the "C-2" district in accordance with the intent and purpose of this
section.
D. Completion. The Council may make the approval of the shopping
center/commercial office structure plan contingent upon the completion of
construction and improvements within a reasonable period of time, provided,
however, that in the determination of such period, the Council shall consider the
scope and magnitude of the project and any schedule or timetable submitted by
the developer. Failure to complete the construction and improvements within said
period of time shall be deemed sufficient cause for the Council, in accordance
with the provisions of Section 301.31, to rezone the subject property to the
classification effective at the time of original submission of the shopping center
plan, unless an extension is recommended by the Planning and Zoning
Commission and approved by the Council for due cause shown. Any proposed
change in the shopping center plan, after approval by the Council, shall be
resubmitted and considered in the same manner as the original proposal.
E. Off-Street Parking and Loading. Spaces for off-street parking and loading shall
be provided in accordance with the provisions of Section 301.27.
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F. Landscaping. A minimum of twenty-five (25) percent of the total area shall be
retained as landscaped open space to include such items as walks, trees, shrubs,
fountains or other ornamental features.
October 20, 2003 – Ordinance 2440