The R-3A District is intended to provide for the orderly development or redevelopment of tracts of land on a unit basis in order to allow a greater flexibility of land use and building locations than is allowed in the conventional R-3 District.
1. Principal Permitted Uses. Only the uses of structures or land permitted in the R-3 District shall be allowed.
2. Permitted Accessory Uses. All accessory uses permitted in and as allowed in the R-3 District shall be permitted.
3. Area and Size Regulations. Permitted lot area and yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of the R-3 District or the Subdivision Ordinance of the City.
A. The minimum lot and yard requirements of the R-3 District shall not apply, except that the minimum front yard specified in said district, or suitable screening or buffering, shall be provided around the boundaries of the development. In the absence of an appropriate physical barrier, the Council and Commission may require that open space or screenings be located along all or a portion of the development boundaries. The height requirements of the R-3 District shall apply.
B. Spaces of off-street parking and loading shall be provided in accordance with the provisions of Section 194.01 of this Zoning Ordinance.
C. All public streets, water mains, sanitary sewer, and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.
D. Any land gained within the development because of the clustering of dwelling units or structures as permitted in this section may be dedicated to the City or retained in private ownership as common land. The dedication of land to the City shall be referred to the park board for recommendation and report. Common land, as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.
E. The maximum number of dwelling units per acre shall not exceed the maximum allowed in the R-3 District.
4. Petition to Develop; Preliminary Site Plan Required. The owner or owners of any tract of land may petition the Council, in accordance with the provisions of Section 196.04 of this Zoning Ordinance, for a change to the R-3A zoning district classification. Said petition shall be accompanied by 15 copies of the preliminary site plan of the proposed development, showing in schematic form the location of all the following:
A. Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
B. Parking areas;
C. Access drives;
D. Streets abutting or within the proposed development;
E. Walks;
F. Site topographic features;
G. Landscaping and planting areas;
H. Required peripheral yards;
I. Common land, recreation areas and parks;
J. Existing and proposed utilities and easements.
5. Commission Review. The petition and all attachments shall be referred to the Plan and Zoning Commission for study and report after public hearing. The Commission shall review the conformity of the proposed development with the standards of the comprehensive plan and with recognized principles of civic design, land use planning, and landscape architecture. After public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the petitioner amend the plan to preserve the intent and purpose of this Zoning Ordinance.
6. Council Review. The petition and preliminary plan along with the Commission’s recommendations on the request for rezoning shall then be referred to the Council. The Council, after public hearing, may approve or disapprove the preliminary plan and request for rezoning, as reported, or may require such changes as are necessary to preserve the intent and purpose of this Zoning Ordinance.
7. Final Site Plan and Final Plat Required.
A. If the Council approves a preliminary plan and request for rezoning, the applicant shall submit 15 copies of a final site plan and one compact disk (CD) in the IBM disk format with a PDF file that contains all pages of the R-3A Final Site Plan, showing in detail the location of all the following:
(1) Buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each;
(2) Parking areas;
(3) Access drives;
(4) Streets abutting or within the proposed development;
(5) Walks;
(6) All proposed walls and fences;
(7) Landscaping and plant material;
(8) Required peripheral yards;
(9) Common land, recreation areas, and parks;
(10) Existing and proposed utilities and public easements;
(11) Storm and sanitary sewer lines;
(12) Water mains.
(13) Any additional information the Department Director determines is required to evaluate the proposed R-3A plan.
B. If the proposed development includes common land which will not be dedicated to the City, the final site plan shall be accompanied by the documents as required in subsection 191.08.
C. A final plat shall be submitted with the final site plan. The plat shall show building lines, lots, and/or blocks, common land, any park land, streets, easements and other applicable items required by Chapter 200 Subdivision Regulations of this Code of Ordinances. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the Polk County Clerk and Recorder.
8. Final Site Plan Approval .
A. The final site plan and required documents shall be reviewed by the Commission for compliance with the provisions set forth in subsection 3 of this section and substantial compliance with the preliminary site plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final site plan and approve it if it complies with the provisions set forth in subsection 3 and is in substantial compliance with the preliminary site plan.
B. In the event that the owner or owners fail to submit a final site plan in substantial compliance with the preliminary site plan within two years after Council approval of the preliminary plan, the Council may, on its own motion, cause the property to be rezoned to its original classification in accordance with the provisions of Section 196.04 of this Zoning Ordinance.
C. No building permits shall be issued for any structure within the district to be constructed in variance with the final site plan, unless specifically authorized by appropriate Council resolution.
9. Development; Single-Family Dwellings. In areas of the proposed development which will be developed with unattached, single-family dwellings only, the owner may designate arrangements of lots and/or blocks to be developed in accordance with R-1, R-2, or R-3 District zoning requirements. Such designation shall be noted on the preliminary site plan, final site plan, and the final plat. Said property shall be developed in accordance with the requirements of the zoning district specified, and it shall not be necessary to show the locations of buildings, garages, parking areas, access drives, landscaping areas, walls, patios, and/or fences on the preliminary site plan, or on the final site plan for designated areas.