Section 15
“PUD-C” PLANNED COMMERCIAL DISTRICT
15-010 PURPOSE
This district is to provide for and encourage the grouping of business buildings into centers in keeping with the modern concepts of office, service and shopping center design. The intent is to reduce the need for strips of commercial development.
15-011 GENERAL CONDITIONS
The owner or owners of any tract of land comprising an area not less than two (2) acres may submit to the Governing Body a petition and Preliminary Development Plan for a planned commercial district in compliance with the requirement set forth in this article. The application and plan shall be referred to the Planning Commission for study and report and for public hearing in accordance with Section 27, (Amendments). If no report is transmitted by the Planning Commission within ninety (90) days of notification, the Governing Body may take action without said report. If the Planning Commission approves the plans, they shall then be submitted to the Governing Body for their consideration and action. The Planning Commissioners approval and recommendations shall be accompanied by a report stating the reasons for approval and that the application meets the requirements of the “PUD-C” Planned Commercial District as set forth in Section 15. The location of any “PUD-C” Planned Commercial District shall be on property which has direct access to a collector or arterial street as designated on the official comprehensive plan for the City of Tonganoxie. The Plan for the proposed development must present a unified and organized arrangement of buildings and service facilities and shall not adversely affect the uses of property immediately adjacent to the proposed development. (Amended by Ordinance # 1189 5/23/05)
15-012 USE REGULATIONS
The use regulations are similar to those found in the “LBD” Limited General Business District and in the “HBD” Historic Business District except that there shall be no limit to the square footage of floor area to be devoted to any specific use.
Please refer to Appendix A for a list of suggested, permitted uses.
15-013 HEIGHT REGULATIONS
No building or structure shall exceed six (6) stories except as provided in Section 23.
15-014 AREA REGULATIONS
A. Front Yard
There shall be a setback from any street of at least fifty (50) feet for any building and ten (10) feet for any parking lot.
B. Side Yard
1. Along any other property line within or adjoining the district, there shall be a setback from any building or structure of at least ten (10) feet.
2. Along any property line abutting or adjoining a residential district, there shall be a setback of at least twenty (20) feet.
C. Parking and Loading Regulations – Whenever a structure is erected, moved, converted, or structurally altered, the regulations shall apply. See Section 20.
15-015 ADDITIONAL REGULATIONS
The planned commercial district shall be permanently screened from abutting property zoned for residential use by a suitable fence, wall or shrub border, the height of such screen to be at least four (4) feet. The requirements are as found in Section 24.
15-016 EXCEPTIONS
The requirements and regulations herein prescribed pertaining to height, open spaces, set-back, parking and loading may be adjusted or modified by the Planning Commission so that the property in question may be developed in a reasonable manner and at the same time will not be detrimental to the public welfare and the interest of the community, but in keeping with the general intent and spirit of the Zoning Ordinance.
15-017 APPLYING FOR REZONING
A petition to change to a “PUD-C” Planned Commercial District shall be filed in accordance with the application and review procedures provided in Section 27. Included with the petition shall be an Outline Development Plan or a Preliminary Development Plan, in accordance with the submittal requirements of this ordinance. (Amended by Ordinance # 1186 5/23/05 & Ordinance 1230, 5/29/07)
15-018 PLANNING COMMISSION PROCEDURES
After a petition for “PUD-C” Planned Commercial District, is filed with the City Clerk, it shall be referred to and considered by the City Planning Commission. The Planning Commission shall hold a public hearing and after the conclusion of the hearing shall submit its recommendations to the Governing Body, based on the zoning of the land and the Outline Development Plans or the Preliminary Development Plan. (Amended by Ordinance 1230, 5/29/07)
15-019 GOVERNING BODY ACTION
If the Governing Body is in favor of rezoning, they shall, by ordinance, rezone the property, but before any building permits may be issued the Preliminary and Final Development Plans shall be approved by the Governing Body after recommendations by the City Planning Commission according to the requirements of this zoning ordinance.
15-020 PROCEDURE FOR SUBMITTING PLANS
If the Outline Development Plans were submitted with the petition, a Preliminary Development Plan shall be submitted to the Planning Commission within one (1) year after the Governing Body rezones the property and approved the Outline Development Plan.
The Final Development Plans shall be submitted in the same manner and with the same considerations as the Preliminary Development Plan procedure, except the applicant shall be given two (2) years to submit it or all previous approval shall be voided.
15-021 OUTLINE DEVELOPMENT PLAN
The Outline Development Plan shall include site plans and written statements and shall show all land use and development within two hundred (200) feet, of the planned development to demonstrate its relationship to adjoining uses and shall also show:
A. Boundary of project with dimensions to scale.
B. Existing topography.
C. Existing and proposed land uses showing the approximate location and dimensions of buildings, open space, parking, drives and other structures.
D. The location of existing streets and utilities.
E. The written statements to accompany the plan shall contain the following information:
1. An explanation of the character of the development.
2. A general indication of the expected schedule of development.
15-022 PRELIMINARY DEVELOPMENT PLANS
The preliminary development plan shall be submitted to the City Administrator and City Engineer for review and approval. The approved preliminary plan shall then be submitted to the Planning Commission for recommendation to the Governing Body. At a scale dimension of not more than 1" = 100’ and shall include:
A. Boundary of project with dimensions to scale.
B. Contour intervals of two (2) feet of existing topography and final elevations or contours.
C. Proposed size location and arrangement of building, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and or proposed street.
D. Storm Drainage plan.
E. General landscape plan to include location and height of all walls, fences, screening and plantings.
F. Note provision for dedication of additional right-of-ways if needed for the widening of streets, such to be dedicated to the City prior to approval of Final Development Plan.
G. Stages of development.
H. Name of owner, name and seal of professional engineering firm licensed in the State of Kansas developing the plan, scale, north point and date of plan.
15-023 FINAL DEVELOPMENT PLANS
The Final Development Plans shall conform to the approved Preliminary, shall be in final form for the issuance of a building permit, shall have been previously approved by the City Administrator and the City Engineer and shall include a construction schedule of development. It shall be submitted to the Planning commission at least thirty (30) days before the scheduled meeting for approval and recommendations to the Governing Body. A final approval by the Governing Body shall authorize construction to begin according to the construction schedule. Construction of at least the first stage of development shall begin within three (3) years from the date the ordinance of the zoning change was published in the official city paper. If construction does not begin within this period and no effort is made for an extension of time by the owner, all previous plans and zoning shall be voided.
15-024 BUILDING PERMITS
On final approval by the Governing Body, the owner shall provide a copy of the approved Final Development Plans to the following:
A. City Planning Commission
B. City Administrator
C. City Engineer
Building permits shall be issued in accordance with the approved final development plan and the procedures set forth by Section 2-011. If any variation or rearrangement of buildings, parking area and drives, entrances, heights or open spaces is requested by the owner, he shall proceed by following the same procedure previously followed and outlined in the “Preliminary Development Plan.” (Amended by Ordinance 1230, 5/9/07)
15-025 CHANGE OF OWNERSHIP
A. In the event of a sale of property approved for rezoning under this ordinance, no development shall take place except according to the approved Final Development Plan.
B. If new ownership requests a change in the Final Development Plan, they shall be required to file revised Preliminary Development Plans and Final Development Plans, and a construction schedule of improvements in accordance with this ordinance, except no further rezoning will be required. If any portion of the Planned Commercial District is sold, a plat of the entire district shall be filed in accordance with the Subdivision Regulations of the city.
15-026 GENERAL REQUIREMENTS
A. The proposed development shall provide access to the major street system in such a way that the traffic generated by the development will not cause an unreasonably hazardous condition or inconvenience in the area.
B. A building group shall be so arranged that all principal buildings shall be made reasonably accessible to emergency vehicles.
C. Parking shall be provided in a manner, which reduces to a minimum its adverse physical impact in the area. Screening parking areas with landscaping walls, breaking parking areas into smaller units by introducing landscaped areas or other physical separators are suggested approaches and may be required. The parking areas should be appropriately spaced to serve those units they represent.
D. The availability of service and location of public utilities shall have the approval of each agency involved. Evidence to this effect shall be presented with the Preliminary Development Plans.