Section 106-172; Ord. 18464; Amending Chapter 29 of the City Code as it relates to planned districts

Ordinance No.           18464                       Council Bill No.            B 89-05           


AN ORDINANCE

amending Chapter 29 of the City Code as it relates to planned districts; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 29 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 29-10. District PUD, planned unit development.

    (a)     Purpose. The purpose of Tthis district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land intended to provide for innovative housing developments. The major objectives of a planned unit development are:

    (1)    To allow for a mixture of housing types and densities located in proximity to each other promote flexibility in the design and location of structures.

    (2)    To promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

    (3)    To preserve existing landscape features and amenities and to use such features in a harmonious fashion.

    (42)    To provide for more usable and suitably-located common open space and amenities facilities than would otherwise be provided under conventional land development standards procedures.

. . .

    (c)    Conditional uses.  The following uses shall be permitted in district PUD only after the issuance of a conditional use permit pursuant to the provisions of Sec. 29-23:

    (1)    Buildings and premises for public utility services or public service corporations whose buildings or uses the Board deems reasonably necessary for public convenience or welfare.

    (2)    Home occupations, subject to the criteria listed for home occupations in Sec. 29-6(b), except that the home occupation may be carried out by the occupants of the dwelling unit as well as by one full-time (40 hour) individual or two one-half time (20 hours each) individuals who do not reside in the dwelling unit and not more than forty percent (40%) of the total floor area of the dwelling unit and garage shall be devoted to the home occupation.  A conditional use permit for a home occupation shall expire three (3) years from the date of approval, after which a new conditional use permit may be requested.

    (cd)     Standards and criteria. The following standards and criteria shall apply to all PUD developments:

. . .

     (4)    Density of development.

The maximum density shall be calculated on the land area that remains after deducting all perimeter and interior street right-of-way requirements as determined by city street standards and the major roadway thoroughfare plan.

The actual density of the PUD shall be determined by conditions specifically applicable to the site such as topography, the character of the surrounding property, traffic movement, or adequacy of public services.

When zoning on property is changed to PUD, the zoning district map shall designate the property as PUD, followed by a number with up to one decimal place (e.g. 5.5) which shall indicate the maximum allowable dwelling units per acre on that particular site.

     (5)    Building height. No specific maximum; however, building height shall be compatible with the surrounding area.  Buildings shall not exceed forty-five (45) feet in height, except that the applicant may request or the commission may recommend and the council may approve a greater maximum building height.

    (6)    Lot size. No minimum requirement.  Lots shall not be less than 2,500 square feet for one-family detached dwellings, except that the applicant may request or the commission may recommend and the council may approve a smaller minimum lot size.  No minimum lot size requirement for all other housing types.

    (7)    Yards. There shall be a twenty-five (25) foot setback from all perimeter property lines of the PUD, except the setback from property lines other than street right of way shall be ten (10) feet for side yards and twenty (20) feet for rear yards when the PUD or portion thereof consists of one-family or two-family dwellings.  The setback is intended to be a landscaped buffer; however, driveways (but not parking) are allowed. The applicant may request or the commission may recommend and the council may approve modifications in the width of or use of the setback when unique conditions warrant such modifications.

Other minimum setback requirements shall be as follows:  front yard abutting a perimeter street - twenty-five (25) feet; front yard abutting an interior street - twenty (20) feet for a garage or carport facing the street and fifteen (15) feet for other portions of the building; interior side yard - five (5) feet; exterior side yard on the street side of a corner lot - fifteen (15) feet; interior common wall - zero (0) feet; zero lot line - zero (0) feet on one side and ten (10) feet on the other side; and rear yard - twenty (20) feet.  There shall be no setback required from a common area as long as the common area is at least as wide as the required yard. There shall be one (1) additional foot of interior side yard setback required for each additional foot of height for buildings over forty-five (45) feet.  The applicant may request or the commission may recommend and the council may approve lesser minimum setbacks.

    (8)    Vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (9)    Access. The streets within the proposed development shall be public and within a public right-of-way, except private streets may be permitted under the following conditions:  

a.    The streets shall be designed, constructed, and maintained according to any applicable minimum City standards for private streets;

b.    The streets will serve two (2) or more lots or property in multiple ownership;

c.    The private streets do not provide the only vehicular access to public streets from other property located outside the PUD;

d.    The streets shall be located in designated common areas which shall be platted as a separate lot or lots;

e.    A notation shall be written on the approved plan and recorded plat which reads: “All maintenance of the private streets shown on this plat shall be the responsibility of the homeowners association or abutting property owners.  No private streets shall be dedicated to nor accepted by the City for maintenance until they have been improved to minimum City standards for public streets.”; and

f.    The street signs for private streets shall indicate “private street” so as to distinguish them from public streets.  Sidewalks shall be required along private streets as they would be required for public streets, except no sidewalks shall be required on the side of a street without any dwellings or driveways.

Other driveways and pedestrian ways shall be adequate to serve the residents and visitors of the PUD.

    (10)    Parking. The provisions of section 29-30, off-street parking and loading, shall apply, except the applicant may request or the commission may recommend and the council may approve a lesser parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on public streets) and other relevant factors, it is demonstrated that a lesser requirement is appropriate.  The commission may recommend and the council may allow some of the required parking to be deferred.  This shall be done by noting such parking spaces on the plan as “future parking if needed”.  The future parking may be placed within landscaped areas, as long as the landscaped areas are in excess of the minimum area required to be landscaped.  The property owners shall establish additional parking spaces in the “future parking” area when directed to do so by the council. Additional off-street parking shall be provided when warranted by expected occupancy or development densities.

    (11)    Homeowners association. A Where homeowners associations shall be established when are needed, homeowners association documents shall be recorded, prior to certificate of occupancy permits being granted, to improve, operate and maintain for purposes of improving, operating and maintaining private common facilities, including but not limited to streets, drives, service areas, parking areas and recreation areas.  Homeowners association documents shall be recorded after the final plat is recorded and prior to conveyance of title to any lot.

    (12)    Screening and Landscaping.  For PUDs or portions thereof consisting of single-family detached dwellings on individual lots or two-family attached dwellings on individual lots (except as specified below), the provisions of Sec. 29-25 shall not apply; however, this requirement shall be met by depicting the proposed landscaping on a “typical lot”.

For all other PUDs or portions thereof and for PUDs or portions thereof consisting of two-family attached dwellings on individual lots which have side or rear property boundaries abutting collector or arterial street right of way, compliance with Sec. 29-25 is required.  The applicant may request or the commission may recommend and the council may approve modifications in the screening and landscaping requirements, such as openings in screening buffers for pedestrian walkways.

    (13)    Lighting.  The provisions of Sec. 29-30(h)(5) shall apply.

    (de)     Procedure for Establishing PUD Zoning and for Review and Approval of a PUD Site Plan:

. . .

    (2)    The second step shall be the submittal of a request for rezoning to PUD. Rezoning shall be done in accordance with section 29-34 of this chapter and shall be accompanied by a statement of intent. The statement of intent shall be a letter, signed by the applicant or his agent, containing the following information about the proposed PUD:

a.    The uses proposed.

ab.    The type(s) of dwelling units proposed and any accessory buildings proposed.

bc.    The maximum number of dwelling units proposed and the development density.

        cd.    The maximum building height proposed.

de.    The total number of parking spaces proposed and the parking ratio per dwelling unit.

ef.    The minimum percentage of the entire site to be maintained in open space, shown by the percent in such as landscaping and the percent left in existing or natural vegetation.

fg.    Any amenities proposed, such as swimming pools, golf courses, tennis courts, hiking trails or club houses.

gh.    A general description of the plan including minimum lot sizes, if applicable, minimum building setbacks from perimeter and interior streets, other property lines and minimum setbacks between buildings.

    (3)    The commission and council may require other plans or data as they deem necessary to accompany the statement of intent.  The statement of intent shall become part of the ordinance approving the PUD zoning and. The statement of intent shall be binding upon the owners, their heirs and assigns until such time as the council shall release such limitations on the use of the subject property under the procedures provided herein. The statement of intent is intended to provide guidance for any future revisions to the PUD site development plan.

(4)    The commission and council may require other plans or data as they deem necessary to accompany the statement of intent.

    (3)    The commission shall then hold a public hearing.  After the public hearing, the commission shall forward its recommendation to the council.

    (4)    The council, after a public hearing, shall approve, approve with conditions, or disapprove the PUD zoning request.  An ordinance placing property in district PUD shall specify the uses allowed.  Prior to a vote on an ordinance placing property in district PUD that contains conditions, the applicant shall be given an opportunity to:

a.    Accept the conditions; or

b.    Request a modification of the conditions; or

c.    Request that the application be voted on without conditions; or

d.    Request that the application be disapproved; or

e.    Withdraw the application.

(f)    Procedure for Review and Approval of a PUD Development Plan:

    (51)    After the rezoning to PUD, the applicant shall submit a PUD site development plan, which is in conformance with the ordinance approving the PUD zoning, for a public hearing by the commission. The procedures for application, review and public hearing on a PUD site development plan shall be the same as for the rezoning except that a public hearing shall only be conducted by the commission and not the council. After the public hearing, the commission shall forward the PUD site development plan to the council with its recommendations. The council shall take action on to approve, approve with conditions, or disapprove the plan.

As an option, the applicant may submit a PUD site development plan along with the petition for rezoning to PUD and statement of intent, in order to abbreviate the approval process.

    (62)    The PUD site development plan submittal shall include the following:

     a.    Name of the PUD.

. . .
l.    The location and dimension of the 25-foot wide perimeter setback and other building setbacks.

m.    Signature blocks for commission and council approvals on all exhibits considered part of the PUD site development plan.

n.    A conceptual landscaping plan showing the areas to be landscaped or preserved, the general types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the percent of the total site to be landscaped or preserved.  A landscaping plan (including any tree preservation areas) which complies with the requirements of Section 29-25 and Chapter 12A may be submitted with the PUD development plan or at the time of application for a land disturbance or building permit. For PUDs or portions thereof consisting of single-family detached dwellings on individual lots or two-family attached dwellings on individual lots (except as specified below), the provisions of section 29-25 (Screening and Landscaping Requirements) shall not apply; however, this requirement shall be met by depicting the proposed landscaping on a "typical lot." For all other PUDs or portions thereof, and for PUDs or portions thereof consisting of two-family attached dwellings on individual lots which have side or rear property boundaries abutting collector or arterial street right of way, compliance with section 29-25 (Screening and Landscaping Requirements) is required.

o.    The phasing of structures, streets and amenities within the development.

p.    A conceptual stormwater management plan showing critical environmental areas such as streams, lakes, ponds, and wetlands; existing streets, utilities and drainage structures; proposed stormwater management facilities and structures; and the location, type and approximate size of any proposed on-site detention and specifying the design storms that will be met.  A stormwater management plan which complies with city requirements, including Chapter 12A, may be submitted with the PUD development plan or at the time of application for a land disturbance or building permit.

     (73)    In addition to meeting the requirements stated in paragraph (52) above, the PUD site development plan shall adhere to the objectives set forth in paragraph (a), Purpose, and paragraph (cd), Standards and Criteria.

    (84)    Approval of the PUD site development plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met. Any variances to the subdivision regulations proposed as part of the PUD shall be clearly stated on the PUD site development plan. Such variances shall be considered along with commission and council review of the plan.

    (95)    No building permit shall be issued for any construction in the PUD until a final subdivision plat for the property on which permits are requested has been approved.

    (106)    From and after five (5) years following the date of approval of the PUD site development plan by the council, the plan shall become null and void, provided construction has not commenced on any portion of the PUD site.

Prior to expiration of the PUD site development plan, the council may extend the time for a specified period. A request for a time extension must be made in the form of a letter signed by the property owner or his agent.

    (117)    Minor changes to an approved PUD site development plan may be authorized by the director of planning and development, but in no case shall the director be obligated to consider approve such changes. Such changes shall not constitute a substantial deviation from the approved PUD site development plan.

In determining whether or not the change is a substantial deviation from the approved PUD site development plan, the director shall use, but is not limited to, the following criteria:

. . .

    (128)    Changes, other than those considered minor by the director of planning and development, shall be submitted to the commission for a public hearing. The public hearing shall follow the same procedures outlined herein for a PUD site development plan. After the public hearing, the commission may approve the revision to the PUD site development plan. If, however, the change is considered by the commission to be a substantial deviation from the PUD site development plan or the statement of intent, the commission shall forward the proposal to the council. The council, after a public hearing, shall approve, approve with conditions, or disapprove take action on the proposed revision.

    (g)    Simplified PUD.  An application may be submitted for a simplified PUD District provided the application complies with the following conditions:

    (1)    Uses shall be limited to permitted uses in District R-1.

    (2)    The height and area regulations in District R-1 shall apply, except that the minimum lot size shall not be less than 5,000 square feet; the minimum lot width at the building line shall not be less than fifty (50) feet; and the minimum front yard and rear yard setback shall not be less than twenty (20) feet.

    (3)    The requirements of subsection (c) are complied with, except as specified above for lot size, lot width and front and rear yard setbacks, and unless a specific exception is requested and approved by the council.

The procedure for establishing PUD District zoning under this subsection shall be the same as herein provided, except that a PUD development plan shall not be required.  A preliminary plat and final plat shall be submitted as provided by the subdivision regulations.

    (eh)     Protest procedure. At the time of rezoning, property owners within one hundred eighty-five (185) feet of a proposed planned unit development may present a formal protest in the same manner as provided under section 29-34(b) of this chapter.

    (fi)     Effect of amendments to district PUD regulations.

. . .

Sec. 29-13.1. District O-P, planned office district.

    (a)     Purpose.  The purpose of Tthis district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land intended to provide for office developments that warrant special consideration due to their scale or potential impacts, or for certain sites due to their location or environmental characteristics. The major objectives of an O-P district are:

     (1)    To allow certain office uses in locations where a broad range of office uses might be inappropriate promote flexibility in the design and location of structures.

    (2)    To encourage development of such scale and character that it will be harmonious with surrounding areas and minimize any adverse impacts promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

    (3)    To ensure compatibility with surrounding areas.

    (4)    To encourage a higher quality of landscaping and sign control.

. . .

    (d)    Standards and Criteria. The following standards and criteria shall apply to all O-P developments:

    (1)    Lot size. No minimum requirement.

    (2)    Yards. Yards shall be provided as follows: deemed necessary, based on the characteristics of each individual proposal, to provide compatible development.

a.    Front - Not less than twenty-five (25) feet from collector and arterial streets and fifteen (15) feet from all other streets.

b.    Rear - None, except not less than ten (10) feet when abutting a residential zoned district.

c.    Side – None, except that:

1.    On corner lots the side yard shall be not less than twenty-five (25) feet adjacent to collector and arterial streets and not less than fifteen (15) feet from all other streets, and

2.    The side yard abutting a residential zoned district shall not be less than ten (10) feet.

There shall be no setback required from a common area as long as the common area is at least as wide as the required yard.  The applicant may request or the commission may recommend and the council may approve a lesser minimum yard.

    (3)    Building height. No specific maximum; however, building height shall be compatible with the surrounding area there shall be one additional foot of rear yard and interior side yard setback provided above the required minimum for each additional foot of height for buildings over forty-five (45) feet tall abutting a residential zoned district.  The applicant may request or the commission may recommend and the council may approve a greater maximum building height.

    (4)    Vision clearance. On any corner lot no wall, fence, sign or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (5)    Parking and loading. The provisions of section 29-30, off-street parking and loading, shall apply, except that the commission may recommend and the council may approve a lesser different parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on public streets) and other relevant factors, a lesser different requirement is deemed appropriate.

The commission may also recommend and the council may allow some of the required parking to be deferred. This shall be done by noting such parking spaces on the plan as "future parking if needed." The future parking spaces may be placed within landscaped areas, as long as the landscaped areas are in excess of the fifteen (15) per cent minimum of the site which is required to be in landscaping. The property owner shall establish additional parking spaces in the "future parking" area when directed to do so by the city council.

    (6)    Screening and landscaping.  The provisions of Sec. 29-25 shall apply.  A permanent screen consisting of a masonry wall, wood fence, landscaping material, or combination thereof, at least eight (8) feet in height and, when a fence is used, not to exceed twelve (12) feet in height, shall be required where a lot in this district abuts residentially zoned land. The required screening shall have an opacity of at least eighty per cent (80%) year around and, if landscaping is used, the eighty per cent (80%) opacity and eight-foot minimum height shall be achieved within four (4) full growing seasons. In the event a masonry wall or wood fence is used, landscaping shall be placed between the wall or fence and the property line to form an ornamental screen. The required screening and landscaping shall be maintained in good order and not allowed to exist in a state of disrepair or death. If wood fencing is used, it shall be durable in nature and treated to prevent rapid deterioration. Failure to maintain the required screening and landscaping shall be considered a violation of this chapter.

The applicant may request or the commission may recommend and the council may approve less stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening and landscaping requirements are deemed appropriate.

    (7)    Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

    (8)    Access and Circulation. The traffic circulation system shall provide for the safe, convenient and efficient movement of goods and people with a minimum of conflict between various modes of travel. The streets within the proposed development shall be public and within a public right-of-way, except private streets may be permitted under the following conditions:

a.    The streets shall be designed, constructed, and maintained according to any applicable minimum city standards for private streets;

b.    The streets will serve two (2) or more lots or property in multiple ownership;

c.    The private streets do not provide the only vehicular access to public streets from other property located outside the development;

d.    The streets shall be located in designated common areas which shall be platted as a separate lot or lots;
e.    A notation shall be written on the approved plan and recorded plat which reads: “All maintenance of the private streets shown on this plat shall be the responsibility of the owners association or abutting property owners.  No private streets shall be dedicated to nor accepted by the city for maintenance until they have been improved to minimum city standards for public streets.”; and

f.    The street signs for private streets shall indicate “private street” so as to distinguish them from public streets.

Provisions shall be made for pedestrian travel within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers outside the development (i.e., schools, parks, shopping areas, etc.).  Sidewalks shall be required along private streets as they would be required for public streets, except no sidewalks shall be required on the side of a street without any buildings or driveways.

    (9)    Signs.  The provisions of Chapter 23 shall apply, except that the requirements pertaining to area, height, placement and number of freestanding signs and on-premise wall, canopy and awning signs shall be as approved by the council as part of the development plan.

    (e)     Procedure for review and approval of O-P zoning and the development plan.

. . .

    (2)    The applicant shall prepare and submit a request for O-P zoning to the commission for its review. The commission shall then hold a public hearing. The second step shall be the submission of a request for rezoning to O-P. Rezoning shall be done in accordance with Sec. 29-34 and shall be accompanied by a statement of intent.  The statement of intent shall be a letter, signed by the applicant or his agent, containing the following information about the proposed O-P development:

a.    The uses proposed.

b.    The maximum gross square feet of building floor area proposed.

c.    The maximum building height proposed.

d.    The minimum percentage of the site to be maintained in open space.

At the discretion of the applicant, the statement of intent may include other aspects of the proposed development.

The statement of intent shall become part of the ordinance approving the O-P zoning and shall be binding upon the owners, their heirs and assigns until such time as the council shall release such limitations on the use of the subject property under the procedures provided herein.  The statement of intent is also intended to provide guidance for any future revisions to the O-P development plan.

    (3)    After the public hearing, the commission shall forward its recommendation to the council. The commission shall then hold a public hearing.  After the public hearing, the commission shall forward its recommendation to the council.

    (4)    The council, after a public hearing, shall approve, approve with conditions, or disapprove take final action on the O-P zoning request.  An ordinance placing property in district O-P shall specify the uses allowed.  Prior to a vote on an ordinance placing property in district O-P that contains conditions, the applicant shall be given an opportunity to:

a.    Accept the conditions; or

b.    Request a modification of the conditions; or

c.    Request that the application be voted on without conditions; or

d.    Request that the application be disapproved; or

e.    Withdraw the application.

    (f)    Procedure for review and approval of an O-P development plan.

    (51)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall forward the development plan to the council with its recommendation. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove on the plan.

    (62)    The development plan submittal shall include the following:

a.    The name of the O-P development.

b.    A north arrow, scale, small location map, and the size of the site to the nearest one-tenth (0.1) of an acre.

c.    The name and address of the record owners of the land.

d.    Names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions and the zoning of adjacent property.

. . .

l.    A conceptual storm water management plan showing critical environmental areas such as streams, lakes, ponds, and wetlands; existing streets, utilities and drainage structures; proposed stormwater management facilities and structures; and the location, type and approximate size of any proposed on-site detention and specifying the design storms that will be met.  A stormwater management plan which complies with city requirements, including Chapter 12A, may be submitted with the O-P development plan or at the time of application for a land disturbance or building permit, which shall include provisions for erosion control during construction.

m.    A conceptual landscaping plan showing the areas to be landscaped or preserved, the general types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the percent of the total site to be landscaped or preserved.  A landscaping plan (including any tree preservation areas) which complies with the requirements of  Sec. 29-25 and chapter 12A may be submitted with the O-P development plan or at the time of application for a land disturbance or building permit.

. . .

    (73)    In addition to the above, an O-P development plan submittal shall include a set of design parameters which the director of planning and development shall use as guidance when considering future revisions to an approved O-P development plan. The design parameters shall be in the form of a letter and shall include the following:

a.    The maximum gross square footage of building floor area on the site.

ba.    The minimum distance between any building and any adjacent property line or street right-of-way.

c.    The maximum height of any building on the site.

db.    The minimum distance between the edge of any driveway, parking area, loading area, trash storage area and any adjacent property line or street right-of-way.

e.    The minimum percentage of the site to be maintained in open space.

fc.    The maximum number of freestanding signs on the site, the maximum square footage of sign surface area and maximum height of each.

gd.    The minimum percentage of the site to be maintained in landscaping.

e.    The maximum height and number of light poles and type of fixtures.

The design parameters shall become part of the ordinance approving the O-P development plan.

    (84)    Approval of the development plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met. Any variances to the subdivision regulations proposed as part of the development plan shall be stated clearly on the development plan. Such variances shall be considered along with commission and council review of the development plan.

    (95)    No building permit shall be issued until the development plan is approved by the council.

    (106)    No building permit shall be issued until the property has been platted.

    (117)    No building or footing and foundation permit shall be issued until the site plan filed with the application for a building permit has been reviewed by the director of planning and development for compliance with the approved development plan.

    (128)    From and after two (2) years following the date of approval of a development plan by the council, the council, may, by a majority vote, withdraw approval of such development plan, provided development has not commenced.

    (139)    Minor adjustments to a development plan approved prior to November 18, 1996 may be authorized by the director of planning and development at his discretion. The director of planning and development shall notify the commission of any such changes.

    (1410)Changes to a development plan approved prior to November 18, 1996, other than those considered minor by the director of planning and development, shall be submitted to the commission for a public hearing. The public hearing shall follow the same procedures outlined herein for a development plan. If, after the public hearing, the change is considered to be in substantial compliance with the approved development plan, the commission may approve the revision. If, however, the change is considered to be a substantial deviation from the approved development plan, the commission may recommend to the council that a revised development plan be required. The council shall then take action on the proposed revision without a public hearing. If the council determines that the proposed change is a substantial deviation from the approved development plan, a revision to the development plan shall be required. This revision shall be processed in the manner herein described for development plans. Advertising costs shall be at the applicant's expense. The revised plan shall not be approved unless findings determined by the council are reflected on the plan. In determining whether or not the change is a substantial deviation from the approved development plan, the commission and council may use, but are not limited to, the following criteria:

. . .

    (1511)Changes to a development plan approved after November 18, 1996, may be made to an approved O-P development plan subject to approval by the director of planning and development, provided that any such changes are within the limits set forth in the approved design parameters. Any proposed changes which exceed the limits of the design parameters shall be processed as a new O-P development plan with required public hearings before the planning and zoning commission and city council.

    (1612)The applicant may submit the development plan at the time of rezoning to O-P. Under this option, the development plan will be considered as part of the rezoning request.

    g.    Simplified O-P Zoning.  An application may be submitted for a simplified O-P District provided the application complies with the following conditions:

    (1)    There shall be no new development proposed on the site, including the construction of any new buildings or parking areas, the expansion of any existing buildings or parking areas, or the construction of any new streets, except however, existing signs may be replaced with new signs which comply with the requirements of the O-1 district.

    (2)    The requirements of subsection (d) are met, unless a specific exception is requested and approved by the council.

The procedure for review and approval of O-P zoning shall be the same as herein provided under subsection (e), except that a development plan and design parameters shall not be required.

A preliminary plat or final plat may be required as provided by the subdivision regulations.

    (fh)     Effect of Amendments to District O-P Regulations.

    (1)    A developer whose preliminary O-P plan was approved prior to December 17, 1990, may elect to have the final O-P plan for the development reviewed under the O-P regulations (section 29-13.1) in effect on December 16, 1990. This election shall be available for only final O-P plans filed with the director of planning and development prior to December 17, 1991. Final O-P plans filed on or after December 17, 1991, shall be subject to the O-P regulations in effect at the time of filing.

    (21)    An approval final O-P plan shall not be required to comply with O-P regulations adopted after the plan was approved.

    (32)    Buildings constructed in accordance with an approved final O-P plan are lawful conforming uses.

    (43)    Proposed revisions to final O-P plans approved under regulations in effect before December 17, 1990, shall be reviewed under the procedural provisions of this section.

. . .

Sec. 29-17. District C-P, planned business district.

    (a)     Purpose. The purpose of Tthis district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land intended to provide for commercial and recreational activities that warrant special consideration due to their scale or potential impacts, or for certain sites due to their location or environmental characteristics. The major objectives of a C-P district are:

    (1)    To allow certain commercial uses in locations where a broad range of commercial uses might be inappropriate promote flexibility in the design and location of structures.

    (2)    To encourage development of such scale and character that it will be harmonious with surrounding areas and minimize any adverse impacts promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

    (3)    To ensure compatibility with surrounding areas.

    (4)    To encourage a higher quality of landscaping and sign control.

. . .

    (d)     Standards and Criteria. The following standards and criteria shall apply to all C-P developments:

     (1)    Lot size. No minimum requirements.

    (2)    Yards. Yards shall be provided as follows: deemed necessary, based on the characteristics of each individual proposal, to provide compatible development.
a.    Front - Not less than twenty-five (25) feet from collector and arterial streets and fifteen (15) feet from all other streets.

b.    Rear - None, except not less than ten (10) feet when abutting a residential zoned district.

c.    Side – None, except that:

1.    On corner lots the side yard shall be not less than twenty-five (25) feet adjacent to collector and arterial streets and not less than fifteen (15) feet from all other streets.

2.    The side yard abutting a residential zoned district shall not be less than ten (10) feet.

3.    There shall be no setback required from a common area as long as the common area is at least as wide as the required yard.

4.    The applicant may request or the commission may recommend and the council may approve a lesser minimum yard.

    (3)    Building height. No specific maximum; however, building height shall be compatible with the surrounding area there shall be one (1) additional foot of rear yard and interior side yard setback provided above the required minimum for each additional foot of height for buildings over forty-five (45) feet tall abutting a residential zoned district.  The applicant may request or the commission may recommend and the council may approve a lesser building setback.

    (4)    Vision clearance. On any corner lot no wall, fence, sign or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (5)    Parking and loading. The provisions of section 29-30, off-street parking and loading, shall apply, except that the commission may recommend and the council may approve a lesser different parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on non-residential public streets) and other relevant factors, a lesser different requirement is deemed appropriate.

The commission may also recommend and the council may allow some of the required parking to be deferred. This shall be done by noting such parking spaces on the plan as "future parking if needed." The future parking spaces may be placed within landscaped areas, as long as the landscaped areas are in excess of the fifteen (15) per cent minimum of the site which is required to be in landscaping. The property owner shall establish additional parking spaces in the "future parking" area when directed to do so by the city council.

    (6)    Screening and landscaping. The provisions of Sec. 29-25 shall apply.

A permanent screen consisting of a masonry wall, wood fence, landscaping material, or combination thereof, at least eight (8) feet in height and, when a fence is used, not to exceed twelve (12) feet in height, shall be required where a lot in this district abuts residentially zoned land. The required screening shall have an opacity of at least eighty (80) per cent year around and, if landscaping is used, the eighty (80) per cent opacity and eight-foot minimum height shall be achieved within four (4) full growing seasons. In the event a masonry wall or wood fence is used, landscaping shall be placed between the wall or fence and the property line to form an ornamental screen. The required screening and landscaping shall be maintained in good order and not allowed to exist in a state of disrepair or death. If wood fencing is used, it shall be durable in nature and treated to prevent rapid deterioration. Failure to maintain the required landscaping and screening shall be considered a violation of this chapter.

The applicant may request or the commission may recommend and the council may approve less stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening and landscaping requirements are deemed appropriate.

    (7)    Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

    (8)    Access and Circulation. The traffic circulation system shall provide for the safe, convenient and efficient movement of goods and people with a minimum of conflict between various modes of travel. The streets within the proposed development shall be public and within a public right-of-way, except private streets may be permitted under the following conditions:

a.    The streets shall be designed, constructed, and maintained according to any applicable minimum city standards for private streets;

b.    The streets will serve two or more lots or property in multiple ownership;

c.    The private streets do not provide the only vehicular access to public streets from other property located outside the development;

d.    The streets shall be located in designated common areas which shall be platted as a separate lot or lots;

e.    A notation shall be written on the approved plan and recorded plat which reads: “All maintenance of the private streets shown on this plat shall be the responsibility of the owners association or abutting property owners.  No private streets shall be dedicated to nor accepted by the city for maintenance until they have been improved to minimum city standards for public streets.”; and

f.    The street signs for private streets shall indicate “private street” so as to distinguish them from public streets.

Provisions shall be made for pedestrian travel within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers outside the development (i.e., schools, parks, shopping areas, etc.).  Sidewalks shall be required along private streets as they would be required for public streets, except no sidewalks shall be required on the side of a street without any buildings or driveways.

    (9)    Signs.  The provisions of Chapter 23 shall apply, except that the requirements pertaining to area, height, placement and number of freestanding signs and on-premise wall, canopy and awning signs shall be as approved by the council as part of the development plan.

    (e)     Procedure for review and approval of C-P zoning and the development plan.

    (1)    The first step in approval process should be a concept review to discuss and document the proposal. The concept review is an informal discussion and review between the director of planning and development and the developer to discuss land use and development concepts, applicable regulations, and other concerns that may be raised.

    (2)    The second step shall be the submission of a request for rezoning to C-P. Rezoning shall be done in accordance with Sec. 29-34 and shall be accompanied by a statement of intent.  The statement of intent shall be a letter, signed by the applicant or his agent, containing the following information about the proposed C-P development:

a.    The uses proposed.

b.    The maximum gross square feet of building floor area proposed.

        c.    The maximum building height proposed.

d.    The minimum percentage of the site to be maintained in open space.

At the discretion of the applicant, the statement of intent may include other aspects of the proposed development.
The statement of intent shall become part of the ordinance approving the C-P zoning and shall be binding upon the owners, their heirs and assigns until such time as the council shall release such limitations on the use of the subject property under the procedures provided herein.  The statement of intent is also intended to provide guidance for any future revisions to the C-P development plan.

    (23)    The applicant shall prepare and submit a request for C-P zoning to the commission for its review. The commission shall then hold a public hearing.

    (34)    After the public hearing, the commission shall forward its recommendation to the council.

    (45)    The council, after a public hearing, shall approve, approve with conditions, or disapprove take final action on the C-P zoning request.  An ordinance placing property in district C-P and shall specify the uses allowed.  Prior to a vote on an ordinance placing property in district C-P that contains conditions, the applicant shall be given an opportunity to:

a.    Accept the conditions; or

b.    Request a modification of the conditions; or

c.    Request that the application be voted on without conditions; or

d.    Request that the application be disapproved; or

e.    Withdraw the application.

    (f)    Procedure for review and approval of a C-P development plan.

    (51)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall forward the development plan to the council with its recommendation. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove on the plan.

    (62)    The development plan submittal shall include the following:

a.    The name of the C-P development.

b.    A north arrow, scale, small location map of the site, and the size of the site to the nearest one-tenth (0.1) of an acre.

c.    The name and address of the record owners of the land.

d.    Names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions and the zoning of adjacent property.

e.    The location of the boundary lines of the site in relation to any section line or quarter-section line and any corporate boundaries immediately adjacent.

. . .

k.    A conceptual landscaping plan showing the areas to be landscaped or preserved, the general types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the percent of the total site to be landscaped or preserved.  A landscaping plan (including any tree preservation areas) which complies with the requirements of Sec. 29-25 and chapter 12A may be submitted with the C-P development plan or at the time of application for a land disturbance or building permit.

l.    A conceptual storm water management plan showing critical environmental areas such as streams, lakes, ponds, and wetlands; existing streets, utilities and drainage structures; proposed stormwater management facilities and structures; and the location, type and approximate size of any proposed on-site detention and specifying the design storms that will be met.  A stormwater management plan which complies with city requirements, including Chapter 12A, may be submitted with the C-P development plan or at the time of application for a land disturbance or building permit, which shall include provisions for erosion control during construction.

. . .

    (73)    In addition to the above, an C-P development plan submittal shall include a set of design parameters which the director of planning and development shall use as guidance when considering future revisions to an approved C-P development plan. The design parameters shall be in the form of a letter and shall include the following:

a.    The maximum gross square footage of building floor area on the site.

ba.    The minimum distance between any building and any adjacent property line or street right-of-way.

c.    The maximum height of any building on the site.

db.    The minimum distance between the edge of any driveway, parking area, loading area, trash storage area and any adjacent property line or street right-of-way.

e.    The minimum percentage of the site to be maintained in open space.

fc.    The maximum number of freestanding signs on the site, the maximum square footage of sign surface area and maximum height of each.

gd.    The minimum percentage of the site to be maintained in open space shown by the percent in landscaping and the percent left in existing vegetation.

e.    The maximum height and number of light poles and type of fixtures.

The design parameters shall become part of the ordinance approving the C-P development plan.

    (84)    Approval of the development plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met. Any variances to the subdivision regulations, proposed as part of the development plan shall be stated clearly on the development plan. Such variances shall be considered along with commission and council review of the development plan.

    (95)    No building permit shall be issued until the development plan is approved by the council.

    (106)    No building permit shall be issued until the property has been platted.

    (117)    No building or footing and foundation permit shall be issued until the site plan filed with the application for a building permit has been reviewed by the director of planning and development for compliance with the approved development plan.

    (128)    From and after two (2) years following the date of approval of a development plan by the council, the council, may, by a majority vote, withdraw approval of such development plan, provided development has not commenced.

    (139)    Minor adjustments to a development plan approved prior to November 18, 1996, may be authorized by the director of planning and development at his discretion. The director of planning and development shall notify the commission of any such changes.

    (1410)Changes to a development plan approved prior to November 18, 1996, other than those considered minor by the director of planning and development, shall be submitted to the commission for a public hearing. The public hearing shall follow the same procedures outlined herein for a development plan. If, after the public hearing, the change is considered to be in substantial compliance with the approved development plan, the commission may approve the revision. If, however, the change is considered to be a substantial deviation from the approved development plan, the commission may recommend to the council that a revised development plan be required. The council shall then take action on the proposed revision without a public hearing. If the council determines that the proposed change is a substantial deviation from the approved development plan, a revision to the development plan shall be required. This revision shall be processed in the manner herein described for development plans. Advertising costs shall be at the applicant's expense. The revised plan shall not be approved unless findings determined by the council are reflected on the plan.

. . .

    (1511)Changes to a development plan approved after November 18, 1996, may be made to an approved C-P development plan subject to approval by the director of planning and development, provided that any such changes are within the limits set forth in the approved statement of intent and design parameters. Any proposed changes which exceed the limits of the statement of intent or the design parameters shall be processed as a new C-P development plan with required public hearings before the planning and zoning commission and city council.

    (1612)The applicant may submit the development plan at the time of rezoning to C-P. Under this option, the development plan will be considered as part of the rezoning request.

    (g)    Simplified C-P Zoning.  An application may be submitted for a simplified C-P District provided the application complies with the following conditions:

    (1)    There shall be no new development proposed on the site, including the construction of any new buildings or parking areas, the expansion of any existing buildings or parking areas, or the construction of any new streets, except however, existing signs may be replaced with new signs which comply with the requirements of the C-3 district.

    (2)    The requirements of subsection (d) are met, unless a specific exception is requested and approved by the council.

The procedure for review and approval of C-P zoning shall be the same as herein provided under subsection (e), except that a development plan and design parameters shall not be required.

A preliminary plat or final plat may be required as provided by the subdivision regulations.

    (fh)     Effect of Amendments to District C-P Regulations.

    (1)    A developer whose preliminary C-P plan was approved prior to December 17, 1990, may elect to have the final C-P plan for the development reviewed under the C-P regulations (section 29-17) in effect on December 16, 1990. This election shall be available for only final C-P plans filed with the director of planning and development prior to December 17, 1991. Final C-P plans filed on or after December 17, 1991, shall be subject to the C-P regulations in effect at the time of filing.

    (21)    An approved final C-P plan shall not be required to comply with C-P regulations adopted after the plan was approved.

    (32)    Buildings constructed in accordance with an approved final C-P plan are lawful conforming uses.

    (43)    Proposed revisions to final C-P plans approved under regulations in effect before December 17, 1990, shall be reviewed under the procedural provisions of this section.

Sec. 29-18. District M-R, research, development and office park district.

    (a)     Purpose. The purpose of this M-R district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land intended to promote the development of employment centers that are oriented to research facilities, offices, light assembly and processing in close proximity to an adequate road system. Development standards are designed to ensure a park-like setting with aesthetic and functional compatibility with all adjacent land uses, including residential. The major objectives of an M-R district are:

    (1)    To allow certain research, development and office park uses in locations where a broad range of uses might be inappropriate promote flexibility in the design and location of structures.

    (2)    To encourage development of such scale and character that it will be harmonious with surrounding areas and minimize any adverse impacts promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

    (3)    To ensure compatibility with surrounding areas.

    (4)    To encourage a higher quality of landscaping and sign control.

. . .

    (d)     Standards and criteria. The following standards and criteria shall apply to all M-R developments:

    (1)    Lot size. No minimum requirements.

    (2)    Yards. Yards shall be provided as follows: deemed necessary, based on the characteristics of each individual proposal, to provide compatible development.

a.    Front - Not less than twenty-five (25) feet from collector and arterial streets and fifteen (15) feet from all other streets.

b.    Rear - None, except not less than ten (10) feet when abutting a residential zoned district.

c.    Side - None, except that:

1.    On corner lots the side yard shall be not less than twenty-five (25) feet adjacent to collector and arterial streets and not less than fifteen (15) feet from all other streets, and

2.    The side yard abutting a residential zoned district shall not be less than ten (10) feet.

    (3)    Building height. No specific maximum; however, there shall be one additional foot of rear yard and interior side yard setback provided above the required minimum for each additional foot of height for buildings over 45 feet tall abutting a residential zoned district.  The applicant may request or the commission may recommend and the council may approve a greater maximum building height building height shall be compatible with the surrounding area.

    (4)    Vision clearance. On any corner lot no wall, fence, sign or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (5)    Parking and loading. The provisions of section 29-30, off-street parking and loading, shall apply, except that the commission may approve a lesser different parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on public streets) and other relevant factors, a lesser different requirement is deemed appropriate.

. . .


    (6)    Screening and landscaping.  The provisions of Sec. 29-25 shall apply.

. . .

d.    The applicant may request or the commission may approve less stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening and landscaping requirements are deemed appropriate.

    (7)    Sign requirements. The proposed location and general description of wall signs and signs not attached to structures on the site shall be included with the development plan in accordance with section 23-25(j) and 23-25.1(h) (sign regulations).

    (87)    Access and Circulation. The traffic circulation system shall provide for the safe, convenient and efficient movement of goods and people with a minimum of conflict between various modes of travel. The streets within the proposed development shall be public and within a public right-of-way, except private streets may be permitted under the following conditions:

a.    The streets shall be designed, constructed, and maintained according to any applicable minimum city standards for private streets;

b.    The streets will serve two or more lots or property in multiple ownership;

c.    The private streets do not provide the only vehicular access to public streets from other property located outside the development;

d.    The streets shall be located in designated common areas which shall be platted as a separate lot or lots;

e.    A notation shall be written on the approved plan and recorded plat which reads: “All maintenance of the private streets shown on this plat shall be the responsibility of the owners association or abutting property owners.  No private streets shall be dedicated to nor accepted by the city for maintenance until they have been improved to minimum city standards for public streets.”; and

f.    The street signs for private streets shall indicate “private street” so as to distinguish them from public streets.

Provisions shall be made for pedestrian travel within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers outside the development (i.e., schools, parks, shopping areas, etc.).  Sidewalks shall be required along private streets as they would be required for public streets, except no sidewalks shall be required on the side of a street without any buildings or driveways.

    (8)    Signs.  The provisions of Chapter 23 shall apply, except that the requirements pertaining to area, height, placement and number of freestanding signs and on-premise wall, canopy and awning signs shall be as approved by the council as part of the development plan.
  
    (e)     Procedure for review and approval of M-R zoning and the development plan.

    (1)    The first step in approval process should be a concept review to discuss and document the proposal. The concept review is an informal discussion and review between the director of planning and development and the developer to discuss land use and development concepts, applicable regulations, and other concerns that may be raised.

    (2)    The applicant shall prepare and submit a request for M-R zoning to the commission for its review. The commission shall then hold a public hearing. The second step shall be the submission of a request for rezoning to M-R. Rezoning shall be done in accordance with Sec. 29-34 and shall be accompanied by a statement of intent.  The statement of intent shall be a letter, signed by the applicant or his agent, containing the following information about the proposed M-R development:

a.    The uses proposed.

b.    The maximum gross square feet of building floor area proposed.

c.    The maximum building height proposed.

d.    The minimum percentage of the site to be maintained in open space.

At the discretion of the applicant, the statement of intent may include other aspects of the proposed development.

The statement of intent shall become part of the ordinance approving the M-R zoning and shall be binding upon the owners, their heirs and assigns until such time as the council shall release such limitations on the use of the subject property under the procedures provided herein.  The statement of intent is also intended to provide guidance for any future revisions to the M-R development.

    (3)    After the public hearing, the commission shall forward its recommendation to the council.  The commission shall then hold a public hearing.  After the public hearing, the commission shall forward its recommendation to the council.

    (4)    The council, after a public hearing, shall approve, approve with conditions, or disapprove take final action on the M-R zoning request.  An ordinance placing property in district M-R and shall specify the uses allowed.  Prior to a vote on an ordinance placing property in district M-R that contains conditions, the applicant shall be given an opportunity to:
a.    Accept the conditions; or

b.    Request a modification of the conditions; or

c.    Request that the application be voted on without conditions; or

d.    Request that the application be disapproved; or

e.    Withdraw the application.

    (f)    Procedure for review and approval of an M-R development plan.

    (51)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall take action on the plan. If the commission does not approve the development plan, the applicant may appeal the commission's decision to the council. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove on the plan.

    (62)    The development plan submittal shall include the following:

a.    The name of the M-R development.

b.    A north arrow, scale, small location map of the site, and the size of the site to the nearest one-tenth (0.1) of an acre.

c.    The name and address of the record owners of the land.

d.    Names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions and the zoning of adjacent property.

. . .

j.    A conceptual landscaping plan showing the areas to be landscaped or preserved, the general types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the percent of the total site to be landscaped or preserved.  A landscaping plan (including any tree preservation areas) which complies with the requirements of Sec. 29-25 and chapter 12A may be submitted with the M-R development plan or at the time of application for a land disturbance or building permit.

k.    A conceptual stormwater management plan showing critical environmental areas such as streams, lakes, ponds, and wetlands; existing streets, utilities and drainage structures; proposed stormwater management facilities and structures; and the location, type and approximate size of any proposed on-site detention and specifying the design storms that will be met.  A stormwater management plan which complies with city requirements, including Chapter 12A, may be submitted with the M-R development plan or at the time of application for a land disturbance or building permit.

kl.    Signature blocks for commission approval on all exhibits considered part of the development plan.

lm.    The proposed location and general description of wall signs and signs not attached to structures on the site.

mn.    The proposed type and location of all on-site lighting.

    (73)    In addition to the above, a M-R development plan submittal shall include a set of design parameters which the director of planning and development shall use as guidance when considering future revisions to an approved M-R development plan. The design parameters shall be in the form of a letter and shall include the following:

a.    The maximum gross square footage of building floor area on the site.

ba.    The minimum distance between any building and any adjacent property line or street right-of-way.

c.    The maximum height of any building on the site.

db.    The minimum distance between the edge of any driveway, parking area, loading area, trash storage area and any adjacent property line or street right-of-way.

e.    The minimum percentage of the site to be maintained in open space.

fc.    The maximum number of freestanding signs on the site, the maximum square footage of sign surface area and maximum height of each.

d.    The maximum height and number of light poles and type of fixtures.

The design parameters shall become part of the ordinance approving the M-R development plan.

    (84)    No building permit shall be issued until the development plan is approved by the council.

    (95)    No building permit shall be issued until the property has been platted.

    (106)    No building or footing and foundation permit shall be issued until the site plan filed with the application for a building permit has been reviewed by the director of planning and development for compliance with the approved development plan.

    (117)    Changes may be made to an approved M-R development plan subject to approval by the director of planning and development, provided that any such changes are within the limits set forth in the approved design parameters. Any proposed changes which exceed the limits of the design parameters shall be processed as a new M-R development plan with required public hearing before the planning and zoning commission.

    (128)    The applicant may submit the development plan at the time of rezoning to M-R. Under this option, the development plan will be considered by the commission and the council as part of the rezoning request.

    (g)    Simplified M-R Zoning.  An application may be submitted for a simplified M-R District provided the application complies with the following conditions:

    (1)    There shall be no new development proposed on the site, including the construction of any new buildings or parking areas, the expansion of any existing buildings or parking areas, or the construction of any new streets, except, however, existing signs may be replaced with new signs which comply with the requirements of the M-C district.

    (2)    The requirements of subsection (d) are met, unless a specific exception is requested and approved by the council.

The procedure for review and approval of M-R zoning shall be the same as herein provided under subsection (e), except that a development plan and design parameters shall not be required.

A preliminary plat or final plat may be required as provided by the subdivision regulations.

    (fh)     Effect of amendments to district M-R regulations.

    (1)    Buildings constructed in accordance with an approved final M-R plan are lawful conforming uses.

    (2)    Proposed revisions to final M-R plans approved under regulations in effect before August 16, 1999 shall be reviewed under the procedural provisions of this section.

. . .



Sec. 29-19.1. District M-P, Planned general industrial district.

    (a)     Purpose. The purpose of this M-P district is intended to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land allow for a broad range of industrial and commercial uses under the guidelines of a planned district.  The major objectives of the M-P district are:

    (1)    To allow certain industrial uses in locations where a broad range of industrial uses might be inappropriate promote flexibility in the design and location of structures.

    (2)    To encourage development of such scale and character that it will be harmonious with surrounding areas and minimize any adverse impacts promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.

    (3)    To ensure compatibility with surrounding areas.

. . .

    (d)     Standards and Criteria . The following standards and criteria shall apply to all M-P developments:

    (1)    Lot size. No minimum requirements.

    (2)    Yards. Yards shall be provided as follows: deemed necessary, based on the characteristics of each individual proposal, to provide compatible development.

a.    Front - Not less than twenty-five (25) feet from collector and arterial streets and fifteen (15) feet from all other streets.

b.    Rear - None, except not less than ten (10) feet when abutting a residential zoned district.

c.    Side - None, except that:

1.    On corner lots the side yard shall be not less than twenty-five (25) feet adjacent to collector and arterial streets and not less than fifteen (15) feet from all other streets, and

2.    The side yard abutting a residential zoned district shall not be less than ten (10) feet.
There shall be no setback required from a common area as long as the common area is at least as wide as the required yard.  The applicant may request or the commission may recommend and the council may approve a lesser minimum yard.

    (3)    Building height. No specific maximum height, however, there shall be one additional foot of rear yard and interior side yard setback provided above the required minimum for each additional foot of height for buildings over 45 feet tall abutting a residential zoned district.  The applicant may request or the commission may recommend and the council may approve a greater maximum building height.

    (4)    Vision clearance. On any corner lot no wall, fence, sign or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the street right-of-way lines.

    (5)    Parking and loading. The provisions of section 29-30, off-street parking and loading, shall apply, except that the commission may approve a lesser different parking requirement if, after considering the proposed use, the availability of other parking in the area (including parking on public streets) and other relevant factors, a lesser different requirement is deemed appropriate.

The commission may also recommend and the council may allow some of the required parking to be deferred. This shall be done by noting such parking spaces on the plan as "future parking if needed." The future parking spaces may be placed within landscaped areas, as long as the landscaped areas are in excess of the fifteen (15) per cent minimum of the site which is required to be in landscaping. The property owner shall establish additional parking spaces in the "future parking" area when directed to do so by the city council.

    (6)    Screening and landscaping.  The provisions of Sec. 29-25 shall apply.

. . .

b.    The applicant may request or the commission may recommend and the council may approve less stringent or more stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent or more stringent screening and landscaping requirements are deemed appropriate.

. . .

    (7)    Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

    (8)    Access and Circulation. The traffic circulation system shall provide for the safe, convenient and efficient movement of goods and people with a minimum of conflict between various modes of travel.  The streets within the proposed development shall be public and within a public right-of-way, except private streets may be permitted under the following conditions:

a.    The streets shall be designed, constructed, and maintained according to any applicable minimum city standards for private streets;

b.    The streets will serve two (2) or more lots or property in multiple ownership;

c.    The private streets do not provide the only vehicular access to public streets from other property located outside the development;

d.    The streets shall be located in designated common areas which shall be platted as a separate lot or lots;

e.    A notation shall be written on the approved plan and recorded plat which reads: “All maintenance of the private streets shown on this plat shall be the responsibility of the owners association or abutting property owners.  No private streets shall be dedicated to nor accepted by the city for maintenance until they have been improved to minimum city standards for public streets.”; and

f.    The street signs for private streets shall indicate “private street” so as to distinguish them from public streets.

Provisions shall be made for pedestrian travel within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers (i.e., schools, parks, shopping areas, etc.).  Sidewalks shall be required along private streets as they would be required for public streets, except no sidewalks shall be required on the side of a street without any buildings or driveways.

    (9)    Signs.  The provisions of Chapter 23 shall apply, except that the requirements pertaining to area, height, placement and number of freestanding signs and on-premise wall, canopy and awning signs shall be as approved by the council as part of the development plan.

    (e)     Procedure for review and approval of M-P zoning and the development plan.

    (1)    The first step in approval process should be a concept review to discuss and document the proposal. The concept review is an informal discussion and review between the director of planning and development and the developer to discuss land use and development concepts, applicable regulations, and other concerns that may be raised.

    (2)    The applicant shall prepare and submit a request for M-P zoning to the commission for its review. The request shall include a list of proposed M-P uses. The commission shall then hold a public hearing.  The second step shall be the submission of a request for rezoning to M-P.  Rezoning shall be done in accordance with section 29-34 of this chapter and shall be accompanied by a statement of intent.  The statement of intent shall be a letter, signed by the applicant or his agent, containing the following information about the proposed M-P development:

a.    The uses proposed.

b.    The maximum gross square feet of building floor area proposed.

c.    The maximum building height proposed.

d.    The minimum percentage of the site to be maintained in open space.

At the discretion of the applicant, the statement of intent may include other aspects of the proposed development.

The statement of intent shall become part of the ordinance approving the M-P zoning and shall be binding upon the owners, their heirs and assigns until such time as the council shall release such limitations on the use of the subject property under the procedures provided herein.  The statement of intent is also intended to provide guidance for any future revisions to the M-P development.

    (3)    The commission shall then hold a public hearing.  After the public hearing, the commission shall forward its recommendation to the council.

    (4)    The council, after a public hearing, shall approve, approve with conditions, or disapprove take final action on the M-P zoning request.  An ordinance placing property in district M-P and shall specify the uses allowed.  Prior to a vote on an ordinance placing property in district M-P that contains conditions, the applicant shall be given an opportunity to:

a.    Accept the conditions; or

b.    Request a modification of the conditions; or

c.    Request that the application be voted on without conditions; or

d.    Request that the application be disapproved; or
e.    Withdraw the application.

    (f)    Procedure for review and approval of an M-P development plan.

    (51)    After council approval of the rezoning, the applicant shall submit a development plan for review and approval by the commission. The development plan shall be processed in the same manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the public hearing, the commission shall forward the development plan to the council with its recommendation. The council will then conduct a public hearing and take action to approve, approve with conditions, or disapprove on the plan.

    (62)    The development plan submittal shall include the following:

. . .

d.    Names of adjacent property owners of unsubdivided land and the names of adjacent subdivisions and the zoning of adjacent property.

. . .

j.    A conceptual landscaping plan showing the areas to be landscaped or preserved, the general types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the percent of the total site to be landscaped or preserved.  A landscaping plan (including any tree preservation areas) which complies with the requirements of Sec. 29-25 and chapter 12A may be submitted with the M-P development plan or at the time of application for a land disturbance or building permit.

k.    A conceptual stormwater management plan showing critical environmental areas such as streams, lakes, ponds, and wetlands; existing streets, utilities and drainage structures; proposed stormwater management facilities and structures; and the location, type and approximate size of any proposed on-site detention and specifying the design storms that will be met.  A stormwater management plan which complies with city requirements, including Chapter 12A, may be submitted with the M-P development plan or at the time of application for a land disturbance or building permit.

kl.    Signature blocks for commission and council approval on all exhibits considered part of the development plan.

lm.    The proposed location and general description of wall signs and signs not attached to structures on the site

mn.    The proposed type and location of all on-site lighting.
    (73)    In addition to the above, a M-P development plan submittal shall include a set of design parameters which the director of planning and development shall use as guidance when considering future revisions to an approved M-P development plan. The design parameters shall be in the form of a letter and shall include the following:

a.    The maximum gross square footage of building floor area on the site.

ba.    The minimum distance between any building and any adjacent property line or street right-of-way.

c.    The maximum height of any building on the site.

db.    The minimum distance between the edge of any driveway, parking area, loading area, trash storage area and any adjacent property line or street right-of-way.

e.    The minimum percentage of the site to be maintained in landscaping.

fc.    The maximum number of freestanding signs on the site, the maximum square footage of sign surface area and maximum height of each.

d.    The minimum percentage of the site to be maintained in open space shown by the percent in landscaping and the percent left in vegetation.

e.    The maximum height and number of light poles and type of fixtures.

The design parameters shall become part of the ordinance approving the M-P development plan.

    (84)    Approval of the development plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met. Any variances to the subdivision regulations, proposed as part of the development plan shall be stated clearly on the development plan. Such variances shall be considered along with commission and council review of the development plan.

    (95)    No building permit shall be issued until the development plan is approved by the council.

    (106)    No building permit shall be issued until the property has been platted.

    (117)    No building or footing and foundation permit shall be issued until the site plan filed with the application for a building permit has been reviewed by the director of planning and development for compliance with the approved development plan.

    (128)    From and after two (2) years following the date of approval of a development plan by the council, the council, may, by a majority vote, withdraw approval of such development plan, provided development has not commenced.

    (g)    Simplified M-P Zoning.  An application may be submitted for a simplified M-P District provided the application complies with the following conditions:

    (1)    There shall be no new development proposed on the site, including the construction of any new buildings or parking areas, the expansion of any existing buildings or parking areas, or the construction of any new streets, except however, existing signs may be replaced with new signs which comply with the requirements of the M-1 district.

    (2)    The requirements of subsection (d) are met, unless a specific exception is requested and approved by the council.

The procedure for review and approval of M-P zoning shall be the same as herein provided under subsection (e), except that a development plan and design parameters shall not be required.

A preliminary plat or final plat may be required as provided by the subdivision regulations.

    (133)    Changes may be made to an approved M-P development plan subject to approval by the director of planning and development, provided that any such changes are within the limits set forth in the approved design parameters. Any proposed changes which exceed the limits of the design parameters shall be processed as a new M-P development plan with required public hearing before the planning and zoning commission and city council.

    (144)    The applicant may submit the development plan at the time of rezoning to M-P. Under this option, the development plan will be considered by the commission and the council as part of the rezoning request.

. . .

Sec. 29-25. Screening and landscaping requirements.

    (a)     Purpose. The intent of this section is to:

. . .

    (d)     Landscape plan requirements. A landscaping plan, prepared by an individual who can demonstrate knowledge of landscape design, shall be required as specified in chapter 12-A, the Land Preservation Act. In addition to those requirements, approval of a landscape plan shall be required prior to the issuance of building permits, prior to the approval of development plans in PUD (Other than PUDs or portions thereof consisting of single-family detached dwellings on individual lots or consisting of two-family attached dwellings on individual lots which do not have side or rear property boundaries abutting collector or arterial street right of way), O-P and C-P zoning districts, and prior to the development of any parking area or loading/unloading area.

. . .

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 4th day of April, 2005.