Sec. 153.109 - Planned Community Commercial District.

(A)

Imitation of a PCCD: Application for creation. A PCCD may be established as an overlay zoning district for property which is within a CCD in accordance with the procedures set forth in this chapter for amendments of the Town zoning ordinance. Application for a PCCD may be made at any time by any one of the following parties:

(1)

The Town Council;

(2)

The Planning Commission; or

(3)

Any holder of a fee or possessory interest in any of the real property located in a CCD.

(B)

Establishment and scope of PCCD rules. Any applicant for the establishment of a PCCD may seek approval for the imposition of PCCD rules on that PCCD from the Town Council and the Planning Commission (the "reviewing bodies") pursuant to division (D) below. Notwithstanding any other provision of this section, however, no PCCD rule shall change or deviate from the applicable height and parking standards of the CCD rules, and, without limiting the foregoing, no PCCD rule shall deviate from any other quantified CCD rule by more than 25 percent. Upon such approval of the proposed PCCD by the reviewing bodies, the PCCD rules shall become a part of the zoning ordinances of the Town.

(C)

Conceptual plan. Each application for the establishment of a PCCD shall be accompanied by a conceptual plan in written and graphic form (a "conceptual plan"). Upon approval of the proposed PCCD by the reviewing bodies pursuant to division (D) below, the conceptual plan shall become a part of the zoning map of the Town.

(1)

Elements of a conceptual plan. Each conceptual plan shall show the following information in respect of any project in graphic or schematic form in a scale reasonably satisfactory to the Planning Director:

(a)

Land uses;

(b)

Location of new and existing buildings, structures and building groups;

(c)

Architectural plans, elevations and cross sections in standard schematic format;

(d)

Floor area ratios and maximum heights of proposed new buildings and structures;

(e)

Vehicular, equestrian, bicycle and pedestrian circulation systems, including preliminary street crosssections;

(f)

Location and type of existing and proposed landscaping, including identification of any trees to be removed;

(g)

Narrative and graphic depiction of the relation to and impact on present and future (u contemplated by the General Plan) land use in surrounding area;

(h)

Narrative and graphic depiction of proposed off-street parking, including the location and number of parking spaces and the proposed ratio of parking spaces to number of persons using project facilities;

(i)

Any additional data as may be reasonably required by the Planning Director to analyze the application for the PCCD in respect of the requirements and goals of this section.

(2)

Submission of conceptual plan to Architectural and Site Review Board. The conceptual plan (together with any proposed PCCD rules) shall be submitted by the applicant to the Architectural and Site Review Board ("ASRB") for its review and report of its recommendations to the Planning Director.

(3)

Requirements for additional information to be submitted with proposed PCCD rules or conceptual plan. The Town Council, the Planning Commission or the Planning Director may, at any time before any proposed PCCD rules or conceptual plan are finally approved, require an applicant to submit information, in addition to that required to be submitted as part of the conceptual plan or otherwise required by this section, which will reasonably assist the reviewing bodies to determine the substantial conformity of the proposed project with the General Plan and to make or fail to make the findings required under division (H) below. Such additional information may include without limitation data concerning whether the project is economically feasible or any information suggested by the ASRB in its report to the Planning Director.

(D)

Approval of PCCD rules and conceptual plan. Each conceptual plan and, if applicable, any proposed PCCD rules shall be required to be approved by the Planning Commission and, thereafter, by the Town Council.

(E)

Conditional use permit and specific development plan. A conditional use permit shall be required for any and all uses in a PCCD.

(1)

Conditions to development. An application for a conditional use permit under this section shall include a specific development plan covering the entire PCCD and all projects proposed to be located therein (the "specific development plan"). No construction or other development shall commence within the proposed PCCD until the Planning Commission and then the Town Council shall approve the specific development plan. The specific development plan, upon approval by the reviewing bodies, shall become a part of the subject conditional use permit.

(2)

Time for submission of specific development plan. The applicant shall submit the application for approval of a specific development plan within one year following the adoption of the conceptual plan for the proposed PCCD.

(3)

Elements of specific development plan. The specific development plan shall include the following elements:

(a)

A map showing the existing topography and the proposed topography of the project at one-foot contour intervals, or as otherwise approved by the Town Planning Director's staff;

(b)

A site plan for the entire area of the proposed PCCD showing:

1.

Vehicular, pedestrian, bicycle and equestrian, if applicable, circulation;

2.

Parking areas and the proposed ratio of parking spaces (off-street/on-street) to the number of persons using project facilities, all parking aisles, stall and curve radii dimensions and landscaped areas;

3.

Areas proposed for dedication for parks, parkways, playgrounds or public buildings;

4.

Landscaped public open space;

5.

Landscaped private open space;

6.

Placement of all proposed buildings and structures and property lines,

7.

A detailed tabulation of the densities;

8.

Any or all additional plans, diagrams and information, when deemed reasonably appropriate by the Planning Director, of the following types:

a.

An off-street parking and loading plan;

b.

A circulation diagram showing proposed movement of vehicles, pedestrians, bicycles, equines and goods within the proposed PCCD and to and from adjacent public thoroughfares;

c.

Information and diagrams showing special engineering features and traffic regulation devices needed to facilitate or [ensure] the safety of movement of vehicles, pedestrians, bicycles, equines and goods;

d.

A landscaping and tree planting plan showing, inter alia, the approximate location, type and size of tree and plant materials to be retained or installed;

e.

An engineering site grading plan showing proposed finished grades, public improvements and site drainage;

f.

A detailed engineering improvement plan showing public utilities within the proposed PCCD, including provisions for off-site connections and facilities necessary to serve the project;

g.

A written statement describing proposed recreation and open space areas, including proposals for ownership, development and maintenance thereof;

(c)

Complete preliminary architectural plans, elevations and cross sections;

(d)

A development schedule providing the following:

1.

The approximate date on which construction of any proposed project within the PCCD can be expected to begin.

2.

The anticipated rate of development.

3.

The anticipated completion date.

Such schedule, if approved by the reviewing bodies in the course of approval of the conditional use permit, shall be known as the development schedule.

(F)

Applications by Town Council or Planning Commission. Notwithstanding the requirements of divisions (B), (C) and (E) above, a PCCD initiated by the Planning Commission or the Town Council shall require only a

graphic conceptual plan containing, at the discretion of the Town Council, all or part of the information required under division (C) above.

(G)

General development standards and requirements. Notwithstanding any other provisions of this section, all projects shall be subject to the goals, policies, standards and requirements, taken from and referring to paragraphs of the General Plan, that are set forth in Exhibit A that is appended to the ordinance codified in this section and hereby incorporated herein.

(H)

Findings.

(1)

Conformity to General Plan. As a condition to approval of a conceptual plan, any PCCD rules or a conditional use permit under the provisions of this section, the Planning Commission or the Town Council, as the case may be, shall make all of the following findings with respect to the matter under consideration:

(a)

The conceptual plan, PCCD rules or conditional use permit, as the case may be, and any proposed project will conform to the General Plan, including without limitation all of the goals, policies, standards and requirements set forth in division (G) above;

(b)

The uses proposed for the PCCD will not be detrimental to present and planned uses of surrounding property, as the latter are described in the General Plan;

(c)

The PCCD and any projects proposed therefor will be consistent with the applicable provisions of Section 153.927;

(d)

The PCCD and any projects proposed therefor will not have a materially adverse and unmitigatable impact on finances of the Town.

(2)

Special findings regarding PCCD rules. If any PCCD rules are to be adopted, then in addition to the findings required under division (H)(1) above, the Planning Commission or the Town Council, as the case may be, shall make all of the following findings with respect to the matter under consideration: The proposed PCCD rules will result in or permit a public benefit exceeding the public benefit that would result if the PCCD were governed solely under the CCD rules. For the purposes of this section, examples of such benefits may include but not be limited to the providing of:

(a)

Landscaping or open space;

(b)

On-site or off-site public improvements such as trails, pathways, off-road parking or retail services for local residents; or

(c)

Off-site public improvements not normally required as part of a commercial development.

(3)

Special findings regarding Conditional Use permits. If an application for a conditional use permit is to be approved, then in addition to the findings required under division (H)(1) above, the Planning Commission or the Town Council, as the case may be, shall also find with respect to the matter under consideration that the specific development plan conforms to the conceptual plan approved in respect of the proposed PCCD.

(I)

Amendment of elements of PCCD.

(1)

Changes in conceptual plan. Changes in the conceptual plan shall be considered the same as changes in a zoning ordinance and shall be made in accordance with the procedures set forth in Sections 153.961 through 153.965.

(2)

Changes in specific development plan. Changes in the specific development plan shall be considered the same as changes in a use permit and shall be made in accordance with the procedures set forth in Sections 153.921 through 153.930.

(J)

Forfeiture of conditional use permit. A conditional use permit granted under this section shall become null and void unless the development schedule is met in all respects. For good cause shown by the person to whom the conditional use permit has been issued in a writing delivered to the Town Clerk prior to the expiration of the development schedule, the Town Council may extend the limits imposed by the development schedule in accordance with Sections 153.961 through 153.965. Extensions of the conditional use permit may be granted for up to one year at the discretion of the Town Council, provided that such extensions shall not exceed two years cumulatively.

(K)

Rezoning. If, in the opinion of the Planning Commission or the Town Council, a private applicant shall at any time fail to meet any requirement of the applicable conditional use permit other than the requirements of the development schedule, then, notwithstanding the granting of any extensions pursuant to division (G) above, upon a written recommendation by the Planning Commission to the Town Council, or upon motion of the Town Council, as the case may be, the Town Council may initiate proceedings under Sections 153.961 through 153.965 to rezone the property to another zoning district which shall conform to the General Plan.

(L)

Relationship of PCCD ordinance to other ordinances. Unless expressly provided otherwise in this chapter, the general provisions of the Town zoning ordinance which apply to all zones shall also apply to PCCDs.

(M)

Application and fees. Applications for establishment of a PCCD in accordance with the provisions of this chapter shall be made by the applicant or any duly authorized agent thereof on forms to be prescribed by the Town and shall be accompanied by fees to be established by resolution adopted by the Town Council.

(1975 Code, § 9-2.112.1) (Ord. 1988-376, effective 12-8-88; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)