§ 29-113. CI-PUD commercial-industrial planned unit development.
(a)
General description and intent. This section applies to the CI-PUD commercial-industrial planned unit development district. The purpose of this section is to provide an innovative, voluntary and alternate zoning procedure in the B commercial and I industrial districts in order to permit minor flexibility in commercial and industrial uses beyond that permitted in the particular districts, under conditions of approved site and development plans.
(b)
Requirements. Any B commercial or I industrial district may be designated as a planned unit development provided that approval is obtained for a commercial or industrial PUD permit in compliance with the procedure in this section.
The planning commission, after a public hearing, may grant a commercial or industrial PUD permit when it finds that the commercial or industrial PUD proposal:
(1)
Is consistent with good planning practice and good site planning;
(2)
There is a direct relationship or linkage between the use or uses for which a permit is sought and an existing permitted use in the district in which the use is to be located;
(3)
Can be operated in a manner that is not detrimental to the permitted developments and uses in the district.
In addition it must be visually compatible with the permitted uses providing it meets the above criteria.
The granting of a commercial and industrial PUD permit shall be initiated by the filing of a verified application by one (1) or more of the owners or authorized representatives of the owners of the property sought to be used for the commercial or industrial PUD proposal. Applications shall be addressed to the planning commission and filed in the city zoning official's office upon forms supplied by the city zoning official's office and accompanied by such data and information as may be prescribed for that purpose by the planning commission so as to assure the fullest practicable presentation of facts for the permanent record and for adequate preliminary consideration of the proposal. The planning commission shall hold a public hearing on the application consistent with the procedure required for any other public hearing before the planning commission. If the planning commission gives preliminary approval to the application, the matter shall be forwarded to the city council together with the approved plans for consideration by that body. If the application is approved by the city council, the matter shall be returned to the planning commission for consideration of a final development plan, which shall be prepared by the applicant and submitted to the planning commission for approval within one hundred twenty (120) days after the application was approved by the city council. Upon approval of a final development plan by the planning commission, the plan shall be recorded with the county recorder as a commercial and industrial PUD plan, and a permit shall be issued to the applicant by the director of planning. No building permit shall be issued by the city for construction of any structure on the tract of land involved that is not a conformity with the recorded commercial and industrial PUD permit. Unless otherwise stated, substantial work or construction under the permit must commence within a period of six (6) months from the date the permit was issued or it becomes null and void. The city council may order the commercial and industrial PUD permit to be vacated in this event.
The planning commission shall, in the instance of every application submitted under this regulation, consider architectural, landscape and other relationships, which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations as will, in its opinion, preserve the neighborhood character.
Off-street parking requirements as reflected in article V, division 2 shall in no event be diminished by the planning commission, but the planning commission may require that open parking areas be screened by walls, fences, or plant material in order to preserve or complement the general character of any existing developments on adjacent properties.
The planning commission may explicitly impose special conditions relating to any development under this section. These conditions may relate to, but need not be limited to, the following:
(1)
Conditions relative to the type and extent of improvements and landscaping.
(2)
Conditions concerning development, improvements and maintenance of common ground.
(3)
Conditions relative to the maximum or minimum gross floor area per unit.
(4)
Conditions relating to height and area requirements.
(5)
In developments wherein open spaces, recreational areas, or other common lands are provided, the acreage of which is included in the available gross acreage used in the determination of the maximum number of allowable building square feet in the development, the common land shall be conveyed by the developer in fee simple absolute title by warranty deed to a board of trustees. The trustees shall make provisions by trust indenture for the sole benefit, use and enjoyment of the lot owners, present and future, of each subdivision or development, whichever period of time is less. Thereafter fee simple absolute title shall vest in the then lot owner or owners of other real property as joint tenants. The rights of the joint tenants shall only be exercisable appurtenant to and in conjunction with their lot ownership or ownership of other real property. Any conveyance or change of ownership of any lot or other real property shall convey with it ownership in the common property. No lot owner or owner of other real property shall have the right to convey his interest in the common property except as an incident of the ownership of a regularly platted lot or ownership of other real property in the development. The sale of any lot or other real property in the development shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deed, provided, however, that no right or power conferred upon the trustees shall be revoked. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by the attorney licensed to practice law in the state setting forth the attorney's legal opinion as to the legal form and affect of the deeds and trust indentures. The deeds and indentures shall be approved by the city attorney as to legal form and filed with the county recorder simultaneously with the recording of the final subdivision plat or development plan.
(c)
Appeal. Upon the disapproval by the planning commission of an application for a commercial and industrial PUD permit, the applicant may file an appeal with the city council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the planning commission's report is received by the city council at a regular meeting. Notice of appeal to the city council shall be in writing and shall be filed in duplicate with the city clerk accompanied by a fee of seventy-five dollars ($75.00). The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth specifically wherein the application or the final development plan is consistent with good general planning, good site planning, the nature of the direct relationship or linkage between the use for which a permit is sought and an existing permitted use in the district in which the use is to be located, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is desirable to promote the general welfare of the city.
Upon receipt of an appeal, the city council shall confer with the planning commission. The planning commission shall report thereon to the city council, detailing the relevant facts and considerations of the application. The city council may then affirm, reverse, or modify in whole or in part, any determination of the planning commission or may approve or disapprove any application upon which the planning commission has taken action. A majority vote of the whole city council shall be sufficient to affirm, reverse, or modify any determination of the planning commission.
(Ord. No. 4807, as amended, § 19, 2-2-81)