[CC 1961 §§23.18 — 23.18.1; Ord. No. 2974 §23.18.1, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990]
A.
A Planned
Commercial or Research and Industrial District shall be established
by application or petition. The owners or option holders of any tract
of land shall submit to the City Council a plan for the use and development
of all of such tract for the purposes of meeting the requirements
set forth in this Section.
B.
In
order that the purpose of this district may be realized, the land,
buildings and appurtenant facilities of each tract so zoned shall
be in single ownership, or under the management or supervision of
a central authority, or otherwise subject to such supervisory lease
or ownership control as may be necessary to carry out the provisions
of this Section.
[CC 1961 §23.18.2; Ord. No. 2974 §23.18.2, 6-20-1988]
The plan shall be referred to the Plan Commission for study
and report and recommendation. Written notice shall be given prior
to formal consideration by the Plan Commission on any proposed plan
to all property owners within three hundred (300) feet of the boundary
of the premises under consideration. If no report is transmitted by
the Plan Commission within ninety (90) days of notification, the City
Council may take action without further awaiting such report. After
the Plan Commission approves or disapproves the plans, the report
and plans shall then be submitted to the City Council for their consideration
and action. The Plan Commission's recommendations shall be accompanied
by a report stating the reasons for approval or disapproval and how
the application meets the requirements of the planned districts as
set forth in this Section.
[CC 1961 §23.18.3; Ord. No. 2974 §23.18.3, 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
The City Council may approve the plan and amend the zoning District Map in accordance with Section 400.580. In case of an adverse report by the Plan Commission, such amendment, supplement, change, modification or repeal shall not become effective except by a favorable vote of at least five (5) of the members of the City Council.
B.
The
applicant shall file a surety bond or escrow cash or equivalent to
ensure the removal of any improvements which are started but not completed
in accordance with the approved plan, or to complete and carry out
the construction plan of the planned commercial development within
three (3) years from the date of the approval of the plan by the City
Council, or as extended by the Council. Such bond or escrow shall
provide that the same is enforceable by the City for the purposes
set out above if the applicant does not complete or develop the commercial
development in accordance with the approved plan within the specified
time. The amount of such bond shall be equal to one hundred percent
(100%) of the estimated cost of construction of the development improvements.
The form and conditions of the surety bond or escrow agreement shall
be approved by the City Attorney. Installation of facilities required
to protect and preserve the character and value of surrounding residential
properties must be completed before occupancy permits will be issued.
C.
If any approved plan is not substantially developed in accordance therewith within three (3) years from the date of the rezoning, the City Council may institute an extension or a rezoning of all or a part of said property in accordance with Section 400.580.
D.
Compliance With Plan. Structures, improvements and landscaping
shall be built or installed and maintained in accordance with the
plan as approved herein by the City Council. This will be in respect
to all requirements of said plan and shall include, but not be limited
to the location of the structures, layout and improvement of off-street
parking and loading areas, location and width of driveways, ingress
and egress to and from the site, grading, location and planting of
landscaped areas and fencing and location and design of lighting and
signs. Once said structures, improvement and landscaping have been
built or installed, it shall be the duty of the owner or agent of
the property, buildings or premises to maintain said structures, improvements
and landscaping in accordance with the plan approved herein.
[CC 1961 §23.18.4; Ord. No. 2974 §23.18.4, 6-20-1988]
A.
In
considering whether or not such application for a planned district
should be granted, it shall be the duty of the Plan Commission and
the City Council to give consideration to the effect of the requested
use on the health, safety, morals and general welfare of the residents
of the area in the vicinity of the property in question and the residents
of the City generally. In considering the special use, the Plan Commission
and the City Council should consider the following:
1.
The appropriateness of the proposed use for the site in terms of
land patterns in the entire City.
2.
Reasonable alternate uses of the site that would be more appropriate.
3.
The compatibility with surrounding uses and compatibility with the
surrounding neighborhood.
4.
The comparative size, floor area and mass of the proposed structures
in relationship to adjacent structures and buildings in the surrounding
properties and neighborhood.
5.
The general appearance of the neighborhood will not be adversely
affected by the location of the proposed use on the parcel.
6.
The capacity of adjacent streets to handle increased traffic in terms
of traffic volume.
7.
The number of traffic movements generated by the proposed use and
relationship to the amount of traffic on abutting streets and on minor
streets in the surrounding neighborhood, not in terms of the street's
capacity to absorb the additional traffic, but rather in terms of
any significant increase in hourly or daily traffic levels.
8.
The requirements for public services where the demands of the proposed
use is in excess of the individual demand of adjacent land uses in
terms of Police and fire protection, the presence of any potential
or real fire hazards created by the proposed use.
