City of Eureka - Procedures | Planned Commercial District Applications

Planned Commercial District Applications

1. Purpose.
The regulations contained within this article are those of the "PC" Planned Commercial District, to be designated "PC" on the city zoning map. It is the purpose of these regulations to allow or assure the establishment of combinations of developments or uses for which no provision is made in the "C" Commercial District or where it is appropriate or desirable to make special provision for specific commercial developments to occur through approval of detailed site plans in conjunction with appropriate development conditions to ensure consistent and compatible uses or use groups in character with the "Eureka City Plan."

2. Establishment.
A Planned Commercial District may be established on a tract of land through application and approval by the Board of Aldermen in accordance with procedures contained in Section 23-182: Processing of Planned District Applications, Community Unit Plan and Special Use Permits; provided, that a final development plan is subsequently approved by the Planning and Zoning Commission and recorded by the petitioner in the office of the Recorder of Deeds of the County.

A Planned Commercial District may be established by ordinance of the Board of Aldermen on its own motion where the Board has determined that a particular tract or area would be best developed for a particular commercial use, but because of potential conflict with adjoining uses, existing or projected, a greater degree of control than is possible under the "C" Commercial District is necessary to protect the general welfare or assure the implementation of an area-wide planning program.

3. Permitted Land Uses and Developments.
In a Planned Commercial District, uses which may receive consideration shall be the same as those set forth as permitted uses or those requiring a special use permit in the "C" Commercial District along with related or accessory uses as may be specifically authorized by the Board of Aldermen. However, the specific ordinance authorizing the establishment of a Planned Commercial District may further limit the uses permitted on the tract. One (1) or more special uses may be considered in connection with the establishment of a Planned Commercial District, however, such proposed special uses must be specifically applied for at the time of the filing of the proposed Planned Commercial District application. Special uses may receive subsequent consideration within a Planned Commercial District by separate application under the normal consideration process set forth in Section 23-182: Processing of Planned District Applications, Community Unit Plan and Special Use Permits of this Code.

(a) The board of aldermen or the zoning commission, on their own motion, may initiate the establishment of a Planned Commercial or Planned Industrial District by the same basic procedure as specified in § 23-181(a) of Section 23-181: Processing of Amendments to Chapter and further may, but need not provide a development plan or adopt detailed development conditions.
(b) Every petition for establishment of a planned commercial or planned industrial district or community unit plan or special use permit, other than by motion of the board of aldermen or zoning commission to develop land previously established as a planned district by action of the board of aldermen, or petition for use requiring a special use permit, shall be addressed to the board of aldermen and filed with the city administrator on forms prescribed for that purpose and accompanied by a fifty dollar nonrefundable filing fee. The petitioner, at his option, may request that a verbatim record be made of the public hearing. If the petitioner elects to request a verbatim record, the actual cost of such shall be borne by the petitioner, and the petitioner shall deposit one hundred dollars toward the cost of such, to be appropriately adjusted when the actual cost is known. In addition, the petitioner for establishment of a planned commercial or planned industrial district or community unit plan or, when applicable, special use permit shall submit a preliminary development plan in such detail as to include the following:

(1) Preliminary site plan, showing proposed uses and structures.
(2) Existing and proposed contours at intervals of two feet or less, referred to sea level datum.
(3) Location of all isolated trees having a diameter of six inches or more, and all tree masses.
(4) Two section profiles through the site, showing preliminary building form.
(5) The proposed ingress and egress to the site, including adjacent streets.
(6) A preliminary plan for provision of sanitary sewers and storm water drainage facilities.

(c) Verification of accuracy of the petition and plan, public notification of public hearing by publication and the posting of a public notice sign upon the property in question, and the public hearing procedure shall be the same as that required for any other change of zoning as described in Section 23-181: Processing of Amendments to Chapter.
(d) The planning and zoning commission and board of aldermen shall consider the impact and make a factual determination of applications as to each of the following:

(1) Character of the neighborhood.
(2) Traffic conditions.
(3) Public Utility facilities.
(4) Fire hazards.
(5) General welfare of the community.
(6) The appropriateness and compatibility of the proposed use for the subject property.

(e) The zoning commission shall forward its recommendation for approval or denial of the application to the board of aldermen indicating the rationale and planning considerations on which such recommendation is based. If the recommendation is one of approval, it shall contain recommended development conditions to be incorporated into an ordinance authorizing approval of the application. The conditions shall include but not be limited to:

(1) Time limitations for submission of the final development plan and commencement of construction;
(2) Specific uses permitted in this district;
(3) Yard requirements:
(4) Off-street parking and loading requirements;
(5) Performance standards; and
(6) Requirement that any transfer of ownership or lease of the property shall include in the transfer or lease agreement a provision that the purchaser or lessee agrees to be bound by the conditions of this development ordinance and plan.

(f) After passage of an ordinance authorizing approval of the petition by the board of aldermen, the developer shall submit the final development plans to the zoning commission within the period of time specified in the ordinance. The plans shall include such information as is required by the zoning commission for adequate consideration of the plan. The plans shall satisfy the subdivision regulations and other pertinent city ordinances where applicable. If in the opinion of the zoning commission the submitted plan substantially deviates from the preliminary development plan approved by the board of aldermen, the commission shall report to the petitioner and the board of aldermen on the manner in which such plan deviates from the approved preliminary plan and, if deemed necessary, forward a resolution of intent to the board of aldermen for the purpose of a new public hearing on the matter in accordance with the proceedings specified in Section 23-181: Processing of Amendments to Chapter.
(g) Within sixty days of approval of the final development plan by the zoning commission, the plan shall be recorded by the developer together with conditions of the ordinance authorizing the establishment of the district in the office of the recorder of deeds in the county.
(h) All conditions relating to or limiting the use, status or operation of the use or development after issuance of a conditional or temporary occupancy permit shall be posted in a conspicuous public place on the premises prior to the issuance of a permanent occupancy permit. So long as a substantial part of the development remains in single ownership, or ownership of any part of the property is retained or held by the developer or by trustees with duties imposed by this chapter or by conditions imposed under authority hereof, such person or persons shall maintain such list of conditions in a conspicuous public place, and failure to do so shall constitute a violation of this chapter.
(i) No buildings, facilities, commercial establishments or service concerns may occupy or use any portion of the district or site until the required related off-site improvements including but not limited to streets, sidewalks, sanitary and storm sewers, street lights and street trees are constructed or a performance bond or escrow posted covering the estimated cost of construction as determined by the building commissioner.
(j) If substantial construction of development does not begin within a period of time specified in the conditions of the ordinance authorizing establishment of a planned district, the board of aldermen may, on its motion or on a recommendation of the zoning commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the planned district classification. In the case of an application to develop an existing planned district or site governed by a special use permit, the board of aldermen by resolution may revoke the planned district ordinance or special use permit.
(k) The time limitations specified in the ordinance approving the application for submission of final development plans and for completion of construction may be extended by the board of aldermen for cause.
(l) After recording of a final development plan, changes not inconsistent with the purpose of intent of this section may be approved by the zoning commission. Changes affecting the purpose or intent of this section shall require a new petition.
(m) The appeal procedure for any planned district or special use permit petition for which the zoning commission has recommended denial shall be the same as that provided in Section 23-181: Processing of Amendments to Chapter.
(n) Upon approval of the final development plan by the zoning commission and after recording the same together with accompanying development conditions in the office of the recorder of deeds of the county, applications for construction permits and certificates of occupancy may take place at the office of the building commissioner.
(o) Special use permits and conditions thereof shall not be required to be recorded in the office of the recorder of deeds of the county, nor shall the passage of an ordinance be required to approve such special use permits.
(p) Changes, alterations or modifications of the conditions to the approval of applications for planned districts or special use permits shall be processed as anew application.
(q) Violation of any condition to the approval of applications for planned districts or special use permits shall be cause for revocation of the approved permit or district. Notification of violation shall be processed as set forth in Section 23-183: Enforcement of Chapter; Penalties for Violation.
(r) Any application fees or deposits required by the City in conjunction with any application for action under this section is intended to defray the cost of review, analysis and consideration of same. Such costs may include, but not be limited to, legal or informational publications, signage, legal reviews, engineering and architectural reviews, ordinance preparation, hearings, surveys, studies and any other direct, indirect or third party costs. In the event that such fees are insufficient to cover such total costs for a specific application, the applicant shall deposit with the City such additional sums to cover the entire cost of such review upon request by the City.

PROCEDURE FOR PROCESSING OF PLANNED DISTRICTS (WITH OR WITHOUT ACCOMPANYING REZONING) AND SPECIAL USE PERMITS
Applicant

Petition and Development Plan Submitted to City Administrator*

Zoning Commission Public Hearing and Review (Recommendation to Board of Aldermen)

Denial Recommended	Approval Recommended

Appeal by Applicant

Board of Aldermen Public Hearing	Review by Board of Aldermen

Denial of Application

	Approval by Board of Aldermen (Ordinance Adopted and Preliminary Development Plan Approved)

Note: steps below not required for Special Use Permits.

	Final Development Plan Submitted by Applicant to Zoning Commission

	Final Development Plan Approved by Zoning Commission and Recorded by Applicant

	Applicant Applies for Building or Occupancy Permit Issued by the Building Commissioner

*	Address to Board of Aldermen.

See ARTICLE X: "PC" Planned Commercial District for more details.
See Administration for information on Applications and Forms.

MapLink™ | Procedures | Planned Commercial District Applications