1. Statement of Intent. The “P.U.D.” District is intended and designed to provide a means of the development or redevelopment of tracts of ground on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this ordinance. It is further the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various types of uses, be maintained and that the zoning standards as set forth in this ordinance and statutes concerning light and air, recreation and open space, and building coverage by preserved. It is the intent of the City of Carroll that the planned residential development be encouraged for areas of the community, as appropriate, in particular those areas of the community now undeveloped and those areas which in time would be annexed to the City.
2. Permitted Uses. Normal permitted uses are those of a residential character including single-family (detached or attached), two family and/or multiple family dwellings, and the usual accessory buildings, such as garages, storage space, maintenance structures, and buildings for recreational purposes. Commercial uses, limited to those specifically approved by the City Council, are permitted provided that such uses are primarily for the service and convenience of the residents of the development. Such commercial users are encouraged to be located within the residential buildings, however, if such uses are proposed to be contained within a separate freestanding structure:
A. It must be so designed to reflect the residential character of the development; and,
B. It may contain an identification sign no more than four square feet, placed flush on one wall and generally not observable from the periphery of the development.
No building permit for a free-standing commercial structure will be issued and/or no certificate of occupancy for commercial use of any residential structure will be issued until 60 percent of the development's dwelling units have been issued a certificate of occupancy.
3. Minimum Requirements.
A. Open Space Requirements. A major portion of any PUD is its open space. The desirability is closely tied to the integration of open space with the total development. A minimum of 20 percent of the land area shall be retained for common open air recreational uses and other usable open space. Quality standards acknowledge the separate and multiple functions of open space, active recreation, passive recreation and preservation of natural site amenities. In designing a PUD, consideration shall be given to such functions. The term open spaces shall not include space devoted to streets and parking. All land in the PUD indicated as common land and common open space shall be maintained by one of the following methods:
(1) If the land is deeded to a Homeowner's Association (HOA), the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the PUD. The provisions shall include, but not be limited to:
a. The HOA must be set up before the dwellings are sold.
b. Membership must be mandatory for each home buyer and any successive buyer.
c. The open space restrictions must be permanent.
d. The HOA must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities.
(2) All or any part of the open space system may be conveyed to the City of Carroll by joint agreement of the developer and City. Such conveyance may be by dedication or easement.
B. Yard Requirements. The minimum lot and yard requirements of the conventional zoning districts in which the development is located shall not apply, except that minimum yards specified in the conventional district for suitable screening or buffering shall be provided around the boundary of the development. In the absence of any appropriate physical barrier, the Council may require open space or screening be located along all or a portion of the development boundary. While the minimum yard requirements of the conventional zoning district in which the development is located do not apply, a minimum distance of ten feet between buildings shall be observed.
C. Maximum Density. The maximum number of dwelling units permitted in a “P.U.D.” development district shall be determined by dividing the net development area by the following maximum densities:
Zoning Classification | Maximum Density |
R-1 | 7,500 sq. ft. per unit |
R-2 | Single family detached dwelling unit - 5,600 sq. ft. per unit; All other units - 3,700 sq. ft. per unit |
R-3 | Single family detached dwelling unit - 4,500 sq. ft. per unit; All other units -2,800 sq. ft. per unit |
R-4 | Single family detached dwelling unit -3,600 sq. ft. per unit; All other units - 1,900 sq. ft. per unit |
R-5 | Single family detached dwelling unit - 3,600 sq. ft. per unit; All other units - 1,500 sq. ft. per unit |
Net development area shall be determined by subtracting from the gross development area any area proposed for streets.
If the development contains two or more zoning district classifications, the number of dwelling units permitted shall be determined by adding the maximum dwelling units allowable for each proportional part, but the dwelling units may be located within the development irrespective of the conventional zoning district classification of any particular area. However, if the development area includes land zoned “F-1”, maximum of thirty (30) percent of such land may be used in determining the number of development units that can be built within the entire development. No dwelling shall be placed on land zoned “F-1” in a “P.U.D.” development.
D. Tract Size. The minimum size tract for a P.U.D. is two acres.
E. Height Limitations. There shall be no maximum height requirement. However, height shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located.
F. Other Considerations. A number of major factors should undergo evaluation as a portion of design standards. These include:
(1) Natural drainage areas shall be retained as appropriate and, if necessary, improved.
(2) Due consideration shall be given to preserving natural site amenities and minimizing the disturbance to the natural environment.
(3) Existing trees shall be preserved wherever possible. The location of the trees is to be considered in designing building locations, underground services, and paved areas.
(4) If the development includes flood plain areas, they shall be preserved as permanent open spaces.
(5) Due consideration shall be given to the natural topography and major grade change shall be avoided. If the development includes hillsides and slopes, special evaluation shall be given to geological conditions, erosion, and topsoil loss. If unfavorable development conditions exist, the City Council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area.
4. Supplementary and Bulk Regulations. No part of an area required for the purposes of complying with the provisions of this section shall be included as an area required for another lot.
5. Off-Street Parking Requirements. Two parking spaces per single unit dwelling and two parking spaces per unit for two or more unit dwellings; and for all other permitted uses as required in Section 170.34.
6. Review Application Procedure. The reviewing and processing of any proposed P.U.D. shall be in two steps.
A. Pre-Application Conference. Prior to any application for P.U.D. plan approval, contact shall be made with the Planning Division, Department of Community Development, for a pre-application conference. It is advised that the conference occur prior to an extensive financial expenditure on the part of the developer. The purpose of the meeting is to inform appropriate City Staff on the proposed development and to inform the developer about various City ordinances, applicability of the proposed development, timing of procedure, and any other pertinent information appropriate to the proposal. To this end, the developer must outline the proposal in schematic and/or written form for discussion purposes. Area of consideration include, but are not limited to:
(1) General discussion of project, building types, timing of development.
(2) Proposed land uses and density ranges.
(3) Conformance to Land Use Policy Plan.
(4) Utility and street arrangements and patterns.
(5) Proposed open space and recreational facilities and review of natural amenities to be preserved such as hill forms, wet lands, wooded areas, and water courses. Subsequent to the meeting, the developer will be furnished, as appropriate, with any comments regarding the meeting including recommendations to inform and assist the developer in the processing of the proposed plan. No oral, written or schematically illustrated statements made during the course of the conference shall be held as legally binding. The Carroll City Council is the only authorized approval body, upon recommendation of the Planning and Zoning Commission.
B. Application for P.U.D. Plan Approval. After the pre-application conference, application for P.U.D. plan approval may be made to the City Council on forms obtainable from the City Clerk. The City Council shall refer the application to the City Planning and Zoning Commission for review and recommendations. Such recommendations shall be forwarded to the City Council within 60 days of referral. Upon written request and approval by the City Council, an additional 60 days may be granted for a recommendation. All technical assistance to the Planning and Zoning Commission on the application shall be coordinated by the City Staff. The P.U.D. application shall include the following written and visual materials:
(1) A written statement concerning the proposed development, including the nature of the project, proposed land uses, building types, density ranges, conformance with the Land Use Policy Plan, description of the open space and recreational system, and the form of organization proposed to own and maintain the common open space.
(2) A site development plan containing the following:
a. The proposed name of the area and the name(s) and address of the applicant(s).
b. Legal description of the total site being developed along with the seal of the registered land surveyor making the plat.
c. Total acreage and the location of the proposed land to be developed.
d. The location and size of the land to be retained as common open space.
e. Existing and proposed contours at two foot intervals.
f. The existing and proposed public and/or private street and sidewalk system.
g. The location and size of water and sanitary sewer lines.
h. Provisions for the disposition of storm water or surface runoff.
i. A statement of quantitative data including total number and types of structures to be constructed on the site, individual parcel sizes, lot coverage, gross and net residential densities, areas reserved for open space and recreation, and off-street parking areas.
j. Projected schedule for development (construction schedule).
(3) Site supporting information to include as, appropriate:
a. Any water course areas.
b. Unique natural features.
c. Unique historical sites.
d. General vegetation cover.
e. Soil suitability.
(4) Other information to be submitted with application:
a. A landscape plan delineating the proposed treatment of the site. The plan shall be supplemented with a written “Statement of Intent” of the plan and how the intent is to be realized.
b. Representative floor plans and exterior elevations of proposed structures and buildings.
c. Percent of residential and commercial (business) development in the Planning Unit Development.
d. Evidence that the developer is capable of successfully completing the proposed development.
e. Evidence that the proposed development is compatible with the surrounding area.
f. The substance of any covenants, grants, easements, or any other restrictions proposed to be imposed upon the land or building(s), including easements for public utilities.
7. Processing Procedure. The processing for P.U.D. approval shall be in accordance with the Subdivision Chapter of this Code.
8. Preliminary Plan Referral to Planning and Zoning Commission. The application, accompanying evidence and preliminary plan shall be referred to the Planning and Zoning Commission for study and report after a public hearing. The Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan and with recognized principals of civic design, land use planning, and landscape architecture. After a public hearing, the Commission may approve or disapprove the preliminary plan and request for rezoning as submitted, or require that the applicant amend the plan to preserve the intent and purpose of this ordinance to promote public health, safety, and general welfare.
A. If the proposed development includes common land which will not be dedicated to the City, and the proposed development will not be held in single ownership, proposed by-laws of a homeowner's association fully defining the functions, responsibilities and operating procedures of the association shall be submitted. The proposed by-laws shall include but not be limited to provisions:
(1) Automatically extending membership in the association to all owners of dwelling units within the development.
(2) Limiting the uses of the common property to those permitted by the final development plan.
(3) Granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property.
(4) Placing the responsibility for operation and maintenance of the common property in the association.
(5) Giving every owner of a dwelling unit voting rights in the association.
(6) If the development will combine rental and for sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.
B. Performance bond or bonds approved by the City legal department and Director of Finance in an amount not less than the estimated cost of the bonded improvements, which bond or bonds shall insure to the City that the dedicated public streets and utilities, including sewers, located therein and other common development facilities shall be completed by the developer within the time specified on the final development plan.
C. Covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner or owners of the land or their successors in interest will maintain all interior streets, parking areas, sidewalks, parks and plantings which have not been dedicated to the City of Carroll in compliance with the ordinances of the City of Carroll, Iowa, and the final development plan as approved by the City Council, which shall be recorded in the office of the Carroll County Recorder.
D. Additional easements or agreements required by the Council at the time of preliminary plan approval.
The final development plan and required documents shall be reviewed by the Commission, for compliance with the standards of this section and substantial compliance with the preliminary plan. The Commission's recommendations and report on the final development plan shall be referred to the Council. The Council shall review the final development plan and approve it if it complies with the standards of this section and is in substantial compliance with the preliminary development plan.
9. Changes in Approved Plan. Changes of a minor nature may be made in an approved plan by the City Staff. However, any proposed change of a major consequence is only authorized by City Council upon recommendation by the Planning and Zoning Commission. Major changes shall include:
A. Non-conformance to the original approved statement of intent;
B. Any increase in density, numbers, and/or types of dwelling units;
C. Non-conformance to the original approved overall statement of intent of the landscape plan;
D. Any change in maximum height or change in location of structures or buildings.
If any proposed change is questionable as to whether it is a major or minor consequence, such determination shall be made by the City Council. A P.U.D. plan runs with the land and is binding on any and all interested parties from and after the time a P.U.D. is approved. No permits will be issued in an area that has been rezoned on application of owners representing that a P.U.D. will be submitted until the P.U.D. has been submitted and approved.