§ 13.1. M-3 Planned industrial district (PID).

(a)

Purpose: The purpose of the planned industrial district, "PID", is to provide a mechanism to achieve greater flexibility in the development of land for industrial purposes in order to provide compatibility and amenity among the firms located in the "PID" district by application of sound planning principles and aesthetically desirable design; and to provide protection and compatibility with abutting residential and other non-industrial uses.

(b)

Intent: It is the intent of this section that the planned industrial district designation be composed of developments whose principle use, upon completion, is industrial in nature. Generally, no residential or commercial uses will be allowed unless approved by the governing authority as these uses would function more effectively in other districts and would interfere with the operation of such planned industrial developments.

(c)

Creation, preliminary development plan required: A parcel of land may be zoned to the M-3, planned industrial district upon an application for change of zoning district designation, amending the zoning map of the City of Olive Branch. The board of aldermen, upon recommendation by the planning commission, may authorize a planned industrial district when the proposed development or use of a specific tract of land warrants a greater flexibility, control, and design than is afforded under the general regulations applicable to the property. A planned industrial district shall be established only following a public hearing, as specified in the amendatory procedures of Article XV, and shall require the submission of a project text and preliminary development plan which, when zoning is granted, shall govern the development of the land and all subsequent final plans thereof.

(d)

Area regulations and performance standards: It is intended that the planned industrial district designation provide a means of achieving a greater flexibility in the development of land in a manner not otherwise possible in conventional zoning districts. Therefore, it is equally anticipated that each planned industrial development will incorporate modifications varying to one extent or another from the normal requirements of conventional zoning districts. However, baseline area regulations and performance standards must be established against which the proposed planned industrial development can be compared for the purpose of identifying and evaluating such modifications as may be proposed. The baseline area regulations and performance standards applicable to the overall site and individual uses within each planned industrial development shall be as follows:

(1)

Uses: The baseline standard will be as per the M-2, heavy industrial district, however; no preliminary development plan approval will be issued for any use in the planned industrial district if the determination is made by the approving authority exercising independent judgment, that there is reason to believe that the proposed use or structure, as presented by the application, will create a nuisance in terms of diminished air quality, smoke, noise, toxic matter, odor, vibration, glare, sewage waste, water quality, street system capacity, heat or other condition detrimental to the public health and safety or reasonable use, enjoyment, and value of other properties; or diminish the quality or quantity of any utility service presently provided by the city. Furthermore, no approval or permit shall be issued unless there is compliance with all other applicable city, state, and federal agencies.

(2)

Parking: Parking requirements will be in accordance with the "City of Olive Branch Parking Regulations" unless optional parking standards for the planned industrial district are submitted and approved by the planning commission and subsequently by the governing authority.

(3)

Buffering and screening: Buffering and screening will be per the Design Review Ordinance for the City of Olive Branch.

(4)

Minimum lot specifications and setbacks will be as follows:

a.

Baseline standards will be per the M-2, heavy industrial district except as follows:

1.

Buildings can cover no more than 75 percent of the area of a lot unless otherwise approved by the governing authority.

2.

Where the property adjoins an existing residential district, the minimum setback will be no less than 100 feet. This will apply to all setbacks.

3.

Maximum permitted height shall not exceed 50 feet.

(5)

In all areas applicable unless otherwise provided for in this section and/or approved by the planning commission and the governing authority, the subdivision regulations and the design review ordinance for the City of Olive branch will apply to all development in the planned industrial district.

(e)

Modifications:

(1)

Generally: The approval of a project text and preliminary development plan may provide for such modifications from the above-referenced baseline area regulations and performance standards as the board of aldermen may find necessary or desirable to achieve the objectives of the proposed planned development, provided:

a.

Such modifications are consistent with the s standards and criteria contained in this section;

b.

Have been specifically requested; and,

c.

That no modification of the baseline regulations and standards would be allowed when such proposed modification would result in any of the following:

(i)

Inadequate or unsafe access to the proposed planned development.

(ii)

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.

(iii)

An undue burden would be placed on public parks, recreation areas, fire and police protection, and other public facilities, which serve or are proposed to serve the planned development.

(iv)

A development which will be incompatible with the purposes of this section or the city's adopted general development plan.

(v)

Detrimental impact on adjacent properties and/or the surrounding neighborhood.

(2)

Burden of proof: The burden of proof that the criteria required to secure approval of modifications to the baseline regulations and standards have been met shall rest with the applicant.

(3)

Limitation on modifications: Modifications proposed by the preliminary development plan, are limited to those areas specified by this section. Modifications shall not include those city standards and specifications pertaining to the design and construction of public improvements, or such privately maintained improvements that are required to meet public standards and specifications for construction and design.

(f)

Minimum open space:

(1)

Required open space for the overall site: A minimum total area of 20 percent of the gross area of the site in the district must be established as open space and landscaping which may include required yards and landscaped parking islands. Floodways and drainage areas adjacent to drainage ways may be dedicated as open space with the approval of the city. Where a plan provides for commonly held open space, the protective covenants must include a provision for the control and maintenance of the open space.

(g)

Procedures for planned industrial development approval:

(1)

Pre-application conference: Prior to filing any application for a planned industrial district approval, the prospective applicant shall request a pre-application conference with the city staff. Such request shall include a general description of the nature, location, and extent of the proposed planned development, a sketch plan conforming to the requirements of section 14(h)(3), and a list of any professional consultants advising the applicant in respect to the proposed planned development. The purpose of the pre-application conference is to provide the applicant with the opportunity to consult early and informally with the city staff before preparation of the required preliminary development plan, and submission of the formal application to the planning commission. The intent of this procedure is to assist the applicant in preparing a plan which will:

a.

Meet the objectives of the planning commission and of this section,

b.

Identify uses proposed for the planned industrial district, as well as the improvements required by those uses, and

c.

Identify any potential problems that may be involved in the proposed concept for the planned industrial district.

The pre-application conference is intended to decrease costs for the applicant by eliminating poor design in the early stages of the development process. The pre-application conference will also be used to identify the appropriate approval process required.

(2)

The formal application: All applications for planned industrial district Approval shall be made in writing by the owner of the property, or the owner's duly authorized agent, upon forms provided by the Olive Branch Planning and Building Department. The application shall contain the following information:

a.

The completed application form and the payment of all fees.

b.

The legal description(s) of the parcel(s) for which the approval is sought.

c.

A preliminary development plan, conforming to the design standards contained in section 14(h)(4), demonstrating to the planning commission the character and objectives of the planned industrial development so that the commission may evaluate the effects the proposed planned industrial district would have upon the community, the neighborhood, and adjacent properties.

d.

A project text, conforming to the requirements contained in section 14(h)(2).

e.

Such other information required of the applicant as may be deemed necessary by the planning commission to further clarify the various elements and/or impacts of the proposed planned industrial district, provided at the applicant's expense.

(3)

The approval process:

a.

Relationship between the zoning amendment and the preliminary development plan: The preliminary development plan is considered an integral element of the zoning amendment application. Approval of the zoning amendment shall be considered concurrent approval of the preliminary development plan along with such modifications as may be approved by the board of aldermen.

b.

Staff review: The formal application, preliminary development plan, project text, and all other required materials, shall be submitted to the planning and building department, no later than the dead line date established for the planning commission meeting at which the application will be heard. The administrative official shall initiate an administrative review of the request by the affected city departments, the results of which shall be reported to the planning commission for its consideration.

c.

Planning commission action: Upon receiving the planned industrial district application, the staff report, and associated documents from the city staff, the planning commission shall hold a public hearing. The commission shall consider the potential impacts of the proposed planned development upon:

(i)

The character of the community in light of the quality of construction proposed and the architectural compatibility of the proposed development.

(ii)

Traffic conditions.

(iii)

Public utility facilities.

(iv)

Such other matters pertaining to the public health, safety, and welfare of the city.

The planning commission shall then approve, approve subject to specified conditions, or deny the same, and a report of its action, together with a recommendation for final action, shall be made to the board of aldermen.

d.

Action by the board of aldermen: Upon receiving the report from the planning commission concerning their recommendation on the application, the board of aldermen shall hold a public hearing as prescribed by law. After considering the potential impacts of the proposed planned industrial district upon the character of the community in light of the quality of construction and the architectural compatibility of the proposed development, traffic conditions, public utility facilities, and such other matters pertaining to the public health, safety, and welfare of the city, as well as the recommendation of the planning commission, the board shall approve, approve subject to specified conditions, or deny the same, and a report of its action shall be returned to the applicant.

(i)

A request for a planned commercial district zoning amendment may be approved by the board of aldermen following a recommendation by the planning commission, in accordance with the requirements of Article XIV of this ordinance, "Amendments."

(ii)

In approving a request for a rezoning to the planned industrial district designation, it shall be at the discretion of the board of aldermen, in the light of the recommendations of the planning commission and the comprehensive plan, to:

• Approve all, or only a portion of the area requested for the zoning change.

• To grant the requested zoning classification or require a more restrictive one.

(4)

Approval of the preliminary development plan required prior to development: No development or redevelopment of the property encompassed within a proposed planned industrial district designation shall take place until a preliminary development plan and project text, acceptable under the requirements of this section, have been reviewed and approved by the board of aldermen as provided herein.

(5)

Contractual agreement: The preliminary development plan and project text are intended to demonstrate to the planning commission and the board of aldermen the character and objectives of the proposed development, so that the commission, and ultimately the board, may evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as a part of the plan, and be binding upon the future use and development of the property. The filing of a preliminary development plan and project text shall constitute an agreement by the owner and applicant, successors, heirs, and assigns, that if the preliminary development plan and project text are approved, development of the property and any permits issued for the improvement of such property, and activities subsequent thereto, shall be in conformance with the approved preliminary development plan and project text for the subject property, and any conditions attached thereto. The approved preliminary development plan, project text, and any conditions attached thereto shall have the full force and effect of the zoning ordinance.

(6)

Period of validity: Approval of the preliminary development plan by the board of aldermen shall expire, and be of no effect within two years after the date of the approval of the preliminary development plan by the board, unless a final plan has been submitted for approval within that time.

a.

Effect of expiration: At such time as the period of validity of a preliminary development plan lapses:

(i)

No actual development or redevelopment of the property shall take place until a new preliminary development plan, acceptable under the requirements of this section, has been reviewed and approved by the planning commission and the board of aldermen as provided herein.

(ii)

At such time as the period of validity of a preliminary development plan lapses, the planning commission staff shall place the matter before the planning commission on the next available agenda. The commission may determine if there has been sufficient change in circumstances to warrant removal of the M-3 designation and reversion of the zoning designation of the subject property to its prior zoning designation. The procedure and notice requirements shall be the same as for any rezoning, and shall be in accordance with Article XIV, Amendments.

b.

Extension of the period of validity: The planning commission may grant extensions of the preliminary development plan approval, not exceeding six months each, upon written request by the original applicant.

c.

Amendment of the approved preliminary development plan: An approved preliminary development plan may be amended upon application, and under the same applicable procedures as required for the original approval of the initial preliminary development plan, as required by this section.

d.

Relationship between approval of the preliminary development plan and subdivision approval: In those instances where subdivision is an integral part of the proposed planned development, approval of the preliminary development plan shall constitute the same action as approval of a preliminary plat for subdivision approval purposes. No preliminary plat as specified in the city's subdivision regulations shall be required.

(7)

The final plat: Following the initial rezoning procedure, the proposed development shall follow all applicable procedures and requirements governing the subdivision of land. No building permit shall be issued until a final plat of the proposed development, or portion thereof when developed in phases, has been filed, approved, and recorded. The approval process for the final plat shall be in accordance with the requirements for a major subdivision as contained within the city's subdivision regulations.

(h)

Specifications for plans and documents:

(1)

General: An orderly and effective planned industrial development involves an approval process based upon accurate, detailed and complete information submitted by the applicant in a form suitable for satisfactory planning evaluation. This section specifies precisely that information which must be supplied by the applicant graphically and in writing. It describes the data and documents and the degree of detailed information they must contain and the form in which they must all be submitted. Standardization and uniformity of information are necessary in order to eliminate uncertainty for the applicant and to facilitate speedy and equitable administration of these regulations.

(2)

Project text: A project text shall be prepared by the applicant as an element of the formal application for a planned industrial district designation. The project text shall contain the following information:

a.

Name:

(i)

Name of the subdivision if property is within an existing subdivision.

(ii)

Proposed name of the planned development.

b.

Ownership:

(i)

Name, address, telephone number, and fax number, if applicable, of the legal owner and the agent of the property; and, a citation of the last instrument conveying title to each parcel of property involved in the proposed development, including the grantor, grantee, date and land records reference. Verification of the applicant's ownership and/or contractual interest in the subject site.

(ii)

Citation of any existing legal right-of-ways or easements affecting the property.

(iii)

Existing and proposed covenants affecting the property.

(iv)

The current zoning designation of the property.

(v)

Name, address, telephone number, and fax number, if applicable, of the professional engineers, land surveyors, or other design professionals retained for service on the project.

c.

Description: The written metes-and-bounds legal description, including the location of the subject property by lot, section, township, range, and county.

d.

Project data:

(i)

A brief narrative, including an explanation of the character of the proposed development.

(ii)

Allocation of the site area by building coverage; parking, loading areas, and driveways; open space areas, including total open space, recreational areas, landscaped areas, and others.

(iii)

The list of permitted and conditional uses proposed for the planned development. Allocation of the site by land use type for the entire project.

(iv)

Proposed area and bulk regulations and performance standards for each element of the project.

(v)

A narrative discussion specifying proposed road improvements, access, and overall circulation within the project. A narrative discussion specifying proposed landscaping improvements, screening, and the development of common open space areas. A narrative discussion specifying proposed utility improvements and extensions, the provision of public facilities, and provisions for the control of storm water drainage. As an appendix to the project text, letters shall be provided from the applicable utility providers addressing their ability to serve the proposed project.

(vi)

The proposed architectural guidelines and uniform signage requirements for the development.

(vii)

The anticipated development schedule for the project. If the project is proposed to be developed in stages or units during a period extending beyond one construction season, the schedule shall indicate:

• The approximate date when construction of the project can be expected to begin.

• The minimum area and the approximate allocation of common open space and public improvements that will be required for each phase.

• The order in which the phases of the project will be built.

e.

A narrative discussion concerning the overall architectural concept sought to be achieved by the planned development, including the proposed minimum floor area of the proposed buildings, landscaping, architectural requirements, i.e., style, materials, streetscape furnishings, driveway and sidewalk finishes, etc., uniform signage program, decorative street lights, and the compatibility of the proposed architectural concept with adjacent and surrounding development.

f.

A narrative discussion concerning the relationship and compatibility of the proposed development with surrounding land uses.

g.

A narrative discussion concerning the relationship between the proposed planned development and the requirements of the city's comprehensive plan, as well as the development's conformance with the goals and objectives of this section.

(3)

Sketch plan: The applicant shall prepare a sketch plan as an element of the pre-application conference held prior to the formal application for a planned industrial district designation. This plan may be drawn as a freehand pencil sketch, and does not require precise dimensions or any special sheet size. The sketch plat is intended to be used to show the location, proposed street and lot layout, and other significant features of the proposed planned development. The sketch plan shall contain the following information:

a.

Features:

(1)

Location of property lines, watercourses, and existing wooded areas; location, width, and name of all existing or platted streets or other public ways within or immediately adjacent to the tract.

(2)

Location and sizes of existing sewers, water mains, culverts, and other utilities within or immediately adjacent to the tract. Existing buildings, utility poles, and utility right-of-ways on or immediately adjacent to the tract.

(3)

Approximate topography.

(4)

The approximate location and widths of proposed streets, the approximate locations, dimensions, and areas of all proposed or existing lots, preliminary proposals for connections with water and sewer systems, and preliminary proposals for collecting and discharging storm water drainage.

(5)

The approximate location, dimensions, and area of all parcels of land proposed to be either dedicated for public use or for the common use of the property-owners within the proposed district.

(6)

A vicinity map reflecting the streets and other general development of the surrounding area.

(7)

The location of temporary stakes to enable local officials to find and appraise features of the sketch plan in the field.

(8)

The current zoning designation of the subject tract and all adjacent properties.

(9)

An aerial photograph with the out-boundary of the proposed planned development identified.

(4)

Preliminary development plan: The preliminary development plan shall be prepared by a licensed land surveyor licensed to do business in the State of Mississippi at a scale of not more than one inch equals 100 feet on sheets not exceeding 24 inches by 36 inches. If more than one sheet is used, all sheets shall be numbered in sequence. The design of all plans shall conform to the city's standards and specifications.

a.

General guidelines for the preliminary development plan include:

(1)

Protective covenants: The applicant must prepare and file protective covenants that regulate development on the site. For projects that include buildings for lease, the covenants must include a provision for continuous management of the PID by the owner/developer, or major property owners within the development. In all cases, the management entity of the development must have the authority to enforce the covenants and restrictions on all tenants and future tenants of the PID. Management should also provide for, in the covenants, the maintenance of areas of the development not yet purchased and other, non-developable areas within the district for the life of the project. For projects developed with lots for sale, the covenants shall include an owners association with the same powers and duties.

(2)

Direct design controls: The preliminary development plan shall include the overall unity of site design for the entire PID, architectural harmony of buildings and structures, design integration of the common open space system and storm drainage system into the overall site design of the industrial district, integration of the site layout of individual lots with the overall design unity for the PID, and unified design of street furniture-as shown in scale drawings submitted with the preliminary development plan and subdivision construction plans and specifications.

(3)

Vehicular movement: The street design in any PID should include a clearly defined hierarchical system. Streets, drives, parking and service areas must provide a safe and convenient access to units and project facilities. Streets will not be laid out to encourage outside traffic to traverse the development on local streets or occupy more land than is required to provide access as needed, or create unnecessary fragmentation of the development into small tracts. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Local streets within the PID will not be connected to streets in such a way as to encourage their use by through traffic.

(4)

Buffering and screening: Fences, walls, buffer yards and vegetative screening shall be provided along the borders of planned industrial districts where needed to protect residential and other non-industrial uses from undesirable views, lighting, noise, or other off-site influences or to protect occupants of adjoining residential districts from similar adverse influences from the PID. Buffering and screening, as well as landscaping, should be provided for in high standards in order to achieve maximum benefits and satisfy the purpose of the ordinance.

(5)

Existing vegetation: In cases where a PID abuts an existing residential district, any and all existing trees within the required buffer area will be preserved in order to provide maximum screening between districts. These areas will be recorded as no disturb zones for the life of the project. The covenants will provide for the maintenance of these trees in order to maintain their health and retain them as a screening feature and will provide for replacement of any trees that may die for the life of the project.

(6)

Service areas: Loading, service and garbage areas should not be exposed to major streets. Screening for outdoor storage areas adjacent to major streets should be integrated with the building design concept and should be executed in materials and in a manner equal to the front facade of the building.

b.

Required information: All preliminary development plans shall contain all of the information described in this section:

(1)

Plat data:

(A)

The date of plan submission and the following names, addresses, telephone numbers, and fax numbers, if applicable:

(i

The record owner or owners of the subject property.

(ii)

The party who prepared the plan, including their registration number.

(iii)

The party for whom the plan was prepared, if different from the property-owner.

(iv)

The engineer and/or land surveyor who will design the improvements for and survey the tract, or such part thereof as is proposed to be developed.

(v)

All adjacent property-owners of record.

(B)

The name of the proposed development and all proposed streets.

(C)

Indication of the use of any lot and all uses accessory or otherwise proposed by the applicant.

(D)

The approximate true north point, title, and graphic scale.

(E)

The area of the tract and each subdivided lot expressed in square feet if less than an acre or tenths (0.1) of an acre if larger than an acre.

(F)

F.E.M.A. flood elevation for the property, and the location of the flood zone boundary(ies).

(G)

A vicinity map showing the streets and other general development of the surrounding area.

(H)

The current zoning designation of the subject property and of all adjacent properties, and the current owners of those properties.

(2)

Existing conditions:

(A)

The location and dimensions of all out-boundary lines of the property by calculated distances and bearings, expressed in feet and decimals of a foot.

(B)

The location of the property with respect to surrounding property and streets, including the names of adjacent property-owners and adjoining developments.

(C)

The location and dimensions of existing easements, water bodies, streams, and other pertinent features such as wetlands, buildings, parks, drainage ditches, bridges, culverts, etc., in and adjoining the tract.

(D)

The location and width of all existing streets, alleys, other public ways, easements, building setback lines, utilities, fire hydrants, and storm water drainage facilities.

(E)

The location of all existing sidewalks and pedestrian walkways.

(F)

Identification of the existing land use and zoning of the petitioned site and adjacent properties.

(G)

An existing tree survey indicating type and size for the entire site prior to any clearing and grading of the site.

(3)

Proposed conditions:

(A)

The internal circulation pattern for both vehicular and pedestrian traffic, including proposed and existing streets, alleys, driveways, sidewalks, pedestrian walkways, and other public ways. For all off-street parking areas, the proposed boundary of the parking area; location, size, and number of all parking spaces; the width of all traffic aisles within the parking area; and the identification of all service islands, service parking, and loading zones.

(B)

The locations and dimensions of all proposed lots.

(C)

The location, dimensions, and height of all main and accessory buildings. Their relation to one another and to any existing structures to remain on the site. The distance from all such proposed buildings to the adjacent property lines. Their proposed finished floor elevations and all proposed setback lines.

(D)

The location and dimensions of all property proposed to be set aside for public or private common use, with designation as to the purpose thereof.

(E)

Blocks shall be numbered consecutively. The blocks in numbered additions to subdivisions bearing the same name shall be numbered consecutively throughout the several additions.

(F)

All lots in each block shall be numbered in consecutive order. Out-lots shall be lettered in alphabetical order.

(G)

Total project density for and/or the building floor area, by use, for all development.

(H)

The location of landscaping areas, common open space areas, and buffer yard areas, and specifications for treatment as to plant type, plant size and plant location. The percentages of landscaping/open space areas and impervious surface areas to the total area of the site.

Note: A separate landscape plan may be required in those instances where the size and complexity of the proposed project indicate the need for additional detail.

(I)

Height, size, location, design, and orientation of all proposed signs.

(J)

Location, height, and type of all exterior lighting.

(K)

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

(L)

A graphic depiction of the proposed phase boundaries for all projects proposed to be constructed in phases.

(4)

Grading, drainage, and utility plan:

(A)

The topography of the site at two-foot intervals, at the same scale as the plan. Contour data shall extend 150 feet beyond the boundaries of the proposed development.

(B)

Contours of the site reflecting the difference in elevation between the pre-developed site and the proposed finished grades.

(C)

Proposals for storm water management, including retention/detention of run-off, as well as the size of the watershed, and calculations of the storm water run-off and retention/detention needs based upon the rational method.

(D)

Overall layouts for:

(i)

Sanitary sewer —Pipe sizes, direction of flow, location of manholes, lift stations, location of laterals for each lot or property, etc.

(ii)

Storm sewer —Pipe sizes, direction of flow, inlet locations, manhole locations, retention/detention basins, etc.

(iii)

Water —Pipe sizes, fire hydrant locations, valve locations, service locations for each lot, elevated or underground storage locations and specifications, standpipe locations and specifications, etc.

(iv)

Natural gas —Pipe sizes, valve locations, individual service locations, etc.

(v)

Electrical transformer locations.

(E)

The location, dimensions, and proposed use of all proposed easements.

(5)

Supplementary information:

(A)

Legal description of the tract to be subdivided.

(B)

Description of the physiographic characteristics of the site, including soil type, permeability, depth to groundwater, etc., in addition to the results of any tests made to ascertain soil conditions and the water table.

(C)

A copy of all proposed trust indentures, deed restrictions, and/or protective covenants, if any.

(D)

A typical street section, showing roadbed construction, curbs, gutters, sidewalks, and the relationship of underground utilities.

(E)

Architectural elevations of all proposed buildings, noting materials to be used in terms of type, location, texture, and color.

(F)

Traffic impact report: A traffic impact report prepared by a certified traffic engineer shall be submitted where deemed necessary by the planning commission or the board of aldermen in the following cases:

(i)

Any development which proposes to take direct access to any collector or arterial street.

(ii)

Any non-residential use which, according to the Table of Average Trip Generation Rate by Land Use Category, as established by the Institute of Transportation Engineers, will generate in excess of 250 trips per acre per day.

The traffic impact report will analyze the pre- and post-development roadway service levels and intersection service levels for all roads and intersections within one mile of the proposed development. In any instance where the impact of the proposed development indicates a negative reduction in the current level of service, the report shall identify those improvements necessary to maintain the current level of service.

(G)

Certification by the registered land surveyor that the plan bearings and dimensions are correct and accurate.

(H)

Such other information, data, plans, documents, calculations, and so forth as may be deemed necessary by the planning commission to adequately review the proposed plans.

(5)

The final plat: the information and standards and specifications for design of the required final plat for a planned industrial district shall be in accordance with the requirements for preparation of a final plat as contained within the city's subdivision regulations, except as maybe provided herein.

a.

Landscaping and buffer yard areas, identifying all improvements and planting in terms of location, type, and size.

b.

The location of all common open space areas, specifically identifying all proposed improvements and landscaping.

c.

The final version of all deed restrictions, trust indentures, and/or protective covenants, suitable for recording.

d.

An application for final plat approval shall also contain:

(1)

The internal circulation pattern for both vehicular and pedestrian traffic, including proposed and existing streets, alleys, driveways, sidewalks, pedestrian walkways, and other public ways. For all off-street parking areas, the proposed boundary of the parking area; location, size, and number of all parking spaces; the width of all traffic aisles within the parking area; and the identification of all service islands, service parking, and loading zones.

(2)

The location, dimensions, and height of all main and accessory buildings. Their relation to one another and to any existing structures to remain on the site. The distance from all such proposed buildings to the adjacent property lines. Their proposed finished floor elevations.

(3)

Height, size, location, design, and orientation of all proposed signs.

(4)

Location, height, and type of all exterior lighting.

(5)

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

(i)

Deed restrictions, trust indentures, and/or protective covenants: The board of aldermen shall not consider any preliminary development plan which incorporates private improvements, facilities, or other common elements, which are proposed to be maintained by the owners of property within the proposed development, unless it shall be accompanied by deed restrictions, covenants, or a trust indenture.

(1)

In reviewing an application for preliminary development plan approval, the planning commission and the board of aldermen shall review and approve such deed restrictions, covenants, or trust indenture. The planning commission may recommend and the board of aldermen may require, at its own discretion:

a.

The elimination of all or any part of any restriction, covenant or trust provision.

b.

The amendment of all or any part of any restriction, covenant or trust provision.

c.

The addition of any restriction, covenant, or trust provision determined by the board of aldermen to be in the best interest of the public.

(2)

All such deed restrictions, covenants, or trust indentures shall provide for the following:

a.

Provisions designating the common facilities, private improvements, or other common elements, and prohibiting the construction of structures other than those incorporated in the approved development plan upon them.

b.

Provisions for the qualifications and for the election of at least three qualified persons to serve as trustees for the administration and enforcement of the deed restrictions or trust provisions; their terms of office; their method of election after the first board of trustees' election; succession or replacement of trustees who die, resign, or refuse to carry out their duties.

c.

Provisions setting out the powers and duties of the trustees under the deed restrictions or trust provisions with respect to the following:

(1)

The reasonable minimum amount of money required to be expended yearly in maintenance of the common elements, improvements, or facilities, and the methodology upon which the responsibility for said amount is divided between each individual property-owner within the development.

(2)

That the yearly minimum amount of money required to be expended for maintenance of the common element, improvements, or facilities shall be paid to the trustees for such purposes, and the minimum yearly amount shall constitute a lien upon all real estate.

(3)

For the effective means of collection of the reasonable yearly minimum amount of money designated and required for maintenance of the common elements, improvements, or facilities.

(4)

Establishment of the date of the first annual assessment of all property-owners within the development of the yearly reasonable minimum amount. There shall be no exemptions from such assessment, including property owned by the developer.

d.

Provisions setting out that the amendment or release of any restriction or provisions shall only be accomplished through the execution of a document so stating and suitable for recording, approved by the board of aldermen, upon recommendation by the planning commission.

(Ord. of 9-19-00(2), § 1; Ord. of 1-16-07(3), § 1C)