§ 28-160. Planned building group shopping centers.
In any commercial district the owner of a tract may submit to the city planning commission for its review a preliminary plan for the use and development of such tract for a planned building group shopping center.
(a)
Preliminary development plan. In accepting such plan for review, the city planning commission must be satisfied that the proponents of the planned building group shopping center are financially able to carry out the proposed project; that they intend to start construction within a specified time of the approval of the project and necessary change in zoning, and intend to complete it within a reasonable time as determined by the city planning commission. It shall be the duty of the city planning commission to investigate and ascertain whether the location, size and other characteristics of the site, and the proposed plan, comply with the following conditions:
(1)
The need for the proposed center at the proposed location has been demonstrated by the applicant by means of market studies and such other evidence as the city planning commission may require.
(2)
The proposed shopping center is adequate in size to provide shopping facilities for the population which reasonably may be expected to be served by such facilities.
(3)
The proposed shopping center is at a location where traffic congestion can be reduced to a minimum by presently projected improvement of access thoroughfares, and the plan shows the location of entrances, exits and internal arrangement for driving lanes and parking.
(4)
The plan provides for a shopping center consisting of one (1) or more groups of buildings of integrated and harmonious design with adequate and properly arranged traffic and parking facilities and landscaping, which will be an attractive and efficient shopping center, convenient and safe to use, and which will fit harmoniously into, and will have no adverse effects upon the adjoining or surrounding development.
(5)
The uses permitted in the proposed shopping center shall be those of retail business and service uses and no residential or industrial uses shall be permitted.
(b)
Regulations. The following regulations shall apply to a planned building group shopping center:
(1)
Uses by right. Any use by right in the C-3 district is also a use by right in a planned building group shopping center.
(2)
Conditional uses. Upon approval by the city planning commission in accordance with section 28-145(a), an automobile service station may be operated subject to the conditions in section 28-145(d)(1).
(3)
Tract area and coverage. The new land area to be included and designated as a planned building group shopping center shall be not less than four (4) acres in size and the ground area to be occupied by buildings shall not exceed twenty-five (25) percent of the net land area.
(4)
Building heights. No building shall exceed two (2) stories or twenty-five (25) feet in height.
(5)
Screening. No building shall be setback less than twenty-five (25) feet from any boundary of the tract on which the shopping center is located. The center, including parking areas, shall be permanently screened from all adjoining properties located in any R district, and except for necessary entrances and exits, from all properties located across the street in any R district by a solid wall or compact evergreen hedge at least six (6) feet in height. Such wall or hedge shall be maintained in good condition.
(6)
Customer parking space. Notwithstanding any other requirements of this chapter, there shall be provided off-street parking space equal to three (3) times the ground floor area of the buildings. Customer parking areas, driving lanes, pedestrian walks and loading space shall be properly graded for drainage, surfaced with cement or asphalt pavement and maintained in good condition, free of dust, trash and debris. The outer boundary of customer parking areas shall be provided with wheel or bumper guard rails so located that no part of parked vehicles will extend beyond the parking area.
(7)
Entrances and exits. Each entrance to and exit from the shopping center shall not be less than fifty (50) feet from any adjoining property located in any R district. Plans for deceleration and acceleration traffic lanes in relation to entrances and exits shall be required to ensure a minimum of traffic congestion.
(8)
Illumination. Illumination facilities for the shopping center, including parking areas and open spaces, shall be so arranged as to reflect the light away from adjoining premises in any R district.
(9)
Signs. The signs permitted in a planned building group shopping center shall be as provided in chapter 21.5.
(c)
Final development plan and hearing. Upon determination by the city planning commission that the planned building group shopping center, as shown by the preliminary plan, appears to conform to the requirements of this section and all other applicable requirements of this chapter, a public hearing shall be held. Notice of the public hearing shall be provided as required in section 28-8. Following the public hearing, the proponents shall then prepare and submit a final development plan, which plan shall incorporate any changes required or suggested by the planning commission. If the final development is found to comply with requirements set forth in applicable requirements of this chapter, the planning commission shall submit such plan with its report and recommendations together with the required application, by the proponents, to the city council.
(d)
Approval of adjustments.
(1)
Minor adjustments. Minor changes to a previously approved development plan may be approved without the necessity of planning commission or city council action if the heads of the department of engineering and public works, fire, water, and building inspection departments certify in writing that the proposed revision constitutes a minor alteration and does not alter the basic design nor any specific conditions of the plan as approved by the city planning commission and city council. The chief building inspection shall record all such changes on the original PUD development plan and shall advise the city planning commission and city council of all such revisions within thirty (30) days of said administrative approval. Minor adjustments under this section shall be limited to:
a.
Addition or relocation of all fire escapes.
b.
Shifting of building heights and elevations, providing such shifting does not exceed ten (10) percent of the previously approved dimension and providing such shifting does not significantly alter the conceptual integrity of the plan.
c.
Construction of additional or alteration of approved sidewalks, provided that the full intent of pedestrian movement through and around the site is not inhibited thereby.
d.
Shifting of, additions to, or changes in species of landscape materials, provided that such change does not reduce the minimum landscape requirements.
e.
Relocation of refuse collection stations.
f.
Internal rearrangement of parking lots and curb cut locations provided such functional rearrangement does not reduce the total number of parking spaces required; and further provided that the minimum landscape requirements are maintained; and further provided that such rearrangement does not inhibit good traffic flow or circulation.
g.
Any decrease in building size or changes in bedroom counts per dwelling unit in no more ten (10) percent of the total number of units.
h.
Construction and location of bus stop stations.
i.
Installation of recreational or maintenance facilities that do not require erection of a structure intended for human use or occupancy.
(2)
Major adjustments. If the nature of the proposed adjustments causes major revisions to the originally approved development plan in excess of the provisions in section 28-160(d)(1), such adjustments or rearrangements must be authorized by the city planning commission by approval of an adjusted development plan. Such amendment may be made upon application and submission of a revised development plan to the city clerk, for review by the planning commission, in accordance with the procedures provided in this chapter. The revised development plan shall be reviewed based on whether or not the revisions conform to the standards established by the final approved development plan and this chapter.
(3)
Adjustments of projects which received variances. Notwithstanding any other provisions contained in this section, in the event a proposed change is made to a project which received a variance, the adjustments or rearrangements must be authorized by the city planning commission as required in section 28-160(d)(2).
(e)
Zoning map designation. Once a final development plan has been approved by the city council, the location of the property for which the plan has been approved shall be designated "PB" on the official zoning map of the city.
(Ord. No. 2012.16, § 5, 7-17-12; Ord. No. 2016-29, § 3, 11-15-16)