§ 5.9.3. CPD commercial planned development district.

5.9.3.1. Intent and purpose of the district.

The purpose of the CPD commercial planned development district is to provide areas for the appropriate development of mixed land uses where the primary development type consists of retail sales and services, all of which are in a well-planned service center, minimizing the need for external trips of visitors and occupants. The uses permitted, and the standards for said uses, recognize the need for such facilities to be provided for the residents of the city and the surrounding area.

5.9.3.2. Permitted uses.

In the commercial planned development (CPD) district, the uses permitted are as follows:

1.

Commercial centers and shopping malls which provide retail, restaurant, and commercial services

2.

Hotels and resorts.

3.

Commercial recreation including:

a.

Health clubs and spas.

b.

Movie theaters, except drive-in.

c.

Miniature and adventure golf courses.

d.

Bowling alleys and skating rinks.

e.

Amusement arcades and similar enclosed or appropriately screened uses from which light, noise, odor, dust, or vibration are strictly controlled.

4.

Administrative and executive offices as part of the overall master development plan. The areas within the commercial planned development devoted to such use shall not exceed 25 percent of the district.

5.

Medium-density multifamily development consistent with the requirements and standards set forth in the residential planned development district, as part of the overall master development plan. The areas within the commercial planned development devoted to such use shall not exceed 25 percent of the district.

5.9.3.3. Conditional uses.

1.

Public or private utility, electrical, natural gas, telephone, water or sewerage, provided these facilities are subsurface installations.

2.

Public or private utility substations, provided that these facilities are appropriately screened from view and noise and that there be no storage of trucks or materials on the site.

3.

Government buildings and structures.

4.

Places of worship.

5.9.3.4. Site requirements.

Maximum density and impervious surface ratios (ISR's) and floor area ratios (FAR's) for nonresidential uses are provided for the CPD district in relationship to the future land use plan designation on the property as follows:

Land Use	FAR	ISR	Density
Residential/office/retail	0.40	0.80	15 U/A
Commercial neighborhood	0.40	0.80	0
Commercial general	0.55	0.80	0

 

All setbacks, yards and other requirements shall be determined during the concept development plan review process and shall, at a minimum, take into consideration appropriate open space around each building and separation for fire safety and adequate light and air considerations. At a minimum, distance between buildings shall be 25 feet with an additional one foot for each one foot of building height above 35 feet, with the maximum building height not to exceed 80 feet.

The minimum site requirements for residential uses shall be that as set forth in the RPD section of this article.

(Ord. No. 92-18, 4-20-93)

5.9.3.5. Additional landscape requirements.

In addition to the landscaping and tree protection requirements as set forth in article XII of this Code, every nonresidential use which abuts a residential use or district shall have a six-foot brick or masonry stucco wall adjacent to such residential use or district, and shall have a setback of not less than 30 feet from the residential use or district, which shall be used for no purpose other than landscaped open space.

5.9.3.6. Guarantee of completion.

The city manager may, at his discretion, authorize building permits to be issued prior to the completion of all utilities, streets and other infrastructure improvements if not less than 75 percent of such improvements have been completed, inspected and accepted by the city, a letter of credit for the balance of the completion of work has been posted with the city manager, and all relevant provisions of article IV of this Code have been met. This provision shall not apply to residential land uses within the CPD.

5.9.3.7. Property owners' association required.

For any ownership project, either freehold or condominium, where there are common elements not to be maintained by the city or by a single owner, before any certificate of occupancy is issued, the city manager shall be satisfied that there will be a property

owners' association established that will be capable of improving, operating, and maintaining common facilities, including drainage works, utilities, driveways, service and parking areas, and recreation areas. Such association shall be established and enforced by deed restriction in a form approved by the city attorney. The developer shall present evidence, satisfactory to the city manager, that an association will be provided and will be capable of undertaking the above tasks.

5.9.3.8. Development standards.

All residential development proposed within a CPD shall be required to meet the development standards as set forth in section 5.7.2.8 of this article.

5.9.3.9. Public/semipublic threshold.

Public/semipublic uses shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. No. 92-18, 4-20-93)