1. Purpose. The PUD planned unit development district is intended and designed to encourage large-scale and quality development of vacant or underutilized tracts of land throughout the city pursuant to a unified building and site development plan incorporating a comprehensive design based on a thorough application of professional standards of excellence. It is further the intent of this division to allow greater flexibility of standards and diversification of land uses than provided in the regulations of other zoning districts set forth in this chapter in order to accomplish the objectives to:
A. Preserve open space and other environmentally sensitive areas;
B. Permit development of land which, because of topographical or shape problems or other practical difficulties, otherwise cannot be feasibly developed;
C. Encourage appropriate mixed-use development; and
D. Encourage revitalization of older neighborhoods by permitting development or redevelopment of vacant or underutilized tracts of land substantially surrounded by other properties which have been developed with buildings.
2. Preapplication Conference.
A. The owner of a contiguous tract of land may file an application for a change to the PUD planned unit development district classification. Such tract shall be no less than two acres in area, exclusive of streets and alleys.
B. Before submitting such application, the developer shall confer with the Zoning Administrator and other relevant city departments. The purpose of the conference shall be to discuss the feasibility of the proposal and to provide the developer with information and guidance regarding applicable city ordinances, specifications, standards and procedures, before the developer enters into binding commitments or incurs substantial expenses.
C. The developer is encouraged to contact adjoining property owners to inform them of the plan to submit a development proposal.
3. Conceptual Plan and Evidence Required. The application for a change to the PUD planned unit development district classification for shall be accompanied by six copies of a conceptual plan of the entire proposed development, prepared and signed by an architect or a landscape architect registered in the state. The application and all required information must be filed by the applicant for placement on the plan and zoning commission agenda. The application also shall be accompanied by two copies of evidence, e.g., background studies, letters from appropriate agencies, agency comments from the preapplication conference, etc., showing the following:
A. The proposed development is in harmony with existing or anticipated uses of other properties in the neighborhood;
B. The manner in which the developer proposes to maintain any common ground to be included within the development;
C. The feasibility of providing adequate storm water and surface water drainage, sanitary sewer capacity, and water service for the proposed development;
D. The surrounding streets are capable of accommodating the increased traffic that would be generated by the new development, including a traffic study if required by city staff at the preapplication conference;
E. Off-street parking and loading will be provided as appropriate to the size and character of the proposed development;
F. A study to indicate a market for the proposed development, provided such study is required by city staff at the preapplication conference; and
G. The developer has the financial resources and the professional ability to successfully complete the proposed development within the time schedule set forth in the conceptual plan.
H. An environmental report, if required by city staff at the preapplication conference, shall be submitted by a qualified professional addressing environmental issues relative to development on the site.
4. Contents of Conceptual Plan. The conceptual plan required in subsection 3 shall be submitted on a sheet size no larger than 24 inches by 36 inches and shall show in schematic form the following:
A. The boundaries of the proposed PUD district and a description of the existing structures and uses on surrounding properties;
B. Topographic features of the site, including major existing natural features;
C. Proposed building uses, number of stories, general exterior design and building materials, dimensions, and floor areas, prepared by an architect registered in this state;
D. Parking areas and access drives;
E. Streets abutting or within the proposed development;
F. Landscaping plan for the entire PUD district showing the general location and type of proposed landscaping, walks, fences, walls and other screenings; Unless otherwise expressly provided in the conceptual plan, fencing shall be allowed as per the standards for the R residential districts for all lots devoted to single or two-family use, with the required yards for fence purposes to be determined by the setbacks shown by the typical lot layout(s) identified in the plan. If no fences are intended, the plan shall specifically state that no fences are to be allowed;
G. Location, size and type of any existing and proposed signs;
H. Required peripheral yards;
I. Common land, detention basins, recreation areas, parks, school sites and any other amenities and shall show if any area is to be dedicated to a governmental entity with its written acknowledgement of such dedication;
J. Existing utility and other easements; and
K. Development stages and schedule for commencement after the director's approval of the development plan and completion of construction after commencement in each stage.
5. Approval of Conceptual Plan and Rezoning by Plan and Zoning Commission and City Council. The application, accompanying evidence and conceptual plan required by this division shall be considered by the plan and zoning commission at a public hearing. The commission shall review the conformity of the proposed development with the city’s comprehensive plan, the standards of this division, and with recognized principles of civic design, land use planning, and landscape architecture. Any proposed dedication of park or open space land to the city shall be considered by the park and recreation board in a timely manner prior to final action by the city plan and zoning commission. At the conclusion of the hearing, the commission may vote to recommend either approval or disapproval of the conceptual plan and request for rezoning as submitted, or to recommend that the developer amend the plan or request to preserve the intent and purpose of this chapter to promote public health, safety, morals and general welfare. The recommendations of the commission shall be referred to the city council. The council may approve or disapprove the conceptual plan and request for rezoning, as submitted or as amended after hearing before the commission, or may require such changes in the plan or rezoning as the council deems necessary to preserve the intent and purpose of this chapter to promote public health, safety, morals and general welfare.
6. Time Requirements for Submittal of Development Plan. If the City Council approves the conceptual plan and request for rezoning as provided in subsection 5, the developer shall submit within two years thereafter to the city six copies of a development plan of one or more development stages which must be no less than two acres in area. The Zoning Administrator, upon written application and for good cause shown, such as regulatory delays, unavailability of financing, or unusual weather conditions, may grant one extension of not more than one year for the submission of a development plan.
7. Contents of Development Plan. Every development plan submitted pursuant to this section shall comply with the site plan requirements of this Code, including the following items of information, unless otherwise waived by the Zoning Administrator:
A. The development (construction) site Soil Erosion and Sedimentation Control Plan, or Storm Water Pollution Prevention Plan (SWPPP), designed by a civil engineer, landscape architect, or otherwise qualified individual and conforming to the requirements of the Iowa Construction Site Sediment and Erosion Control Manual and the Iowa Statewide Urban Designs and Specifications (SUDAS), relating to storm water and erosion control Best Management Practices (BMP’s).
B. Location, size and type of any existing and proposed signs.
C. Plans for the shape, exterior design and dimensions, floor areas, numbers of stories and usage of all proposed buildings, and an estimate of the number of employees for each use, where applicable, prepared and signed by an architect registered in this state. However, for single-family dwellings, the building design is not required to be submitted by a registered architect.
D. A landscaping plan for the entire PUD district showing the location, amount and type of any proposed landscaping, fences, walls and other screening, prepared and signed by a landscape architect or architect registered in this state. Unless otherwise expressly provided in the development plan, fencing shall be allowed as per the standards for the R residential districts for all lots devoted to single or two-family use, with the required yards for fence purposes to be determined by the setbacks shown by the typical lot layout(s) identified in the plan. If no fences are intended, the plan shall specifically state that no fences are to be allowed.
E. Time schedule for commencement and completion of construction.
8. Documents Required with Development Plan. Every development plan submitted pursuant to this section shall be accompanied by the following documents, unless such documents have been previously submitted to the City:
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 bylaws of a unit owners' association fully defining the functions, responsibilities and operating procedures of the association. The proposed bylaws shall include but not be limited to provisions:
(1) Automatically extending membership in the association to all owners of 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 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 unit voting rights in the association.
(6) If the development will include rental units, stating the relationship between the renters and the association and the rights renters shall have to the use of the common land.
B. Performance bonds approved by the city legal department and director of finance in an amount not less than the estimated cost of the following:
(1) Stabilizing the site in accordance with the approved construction site Storm Water Pollution Prevention Plan (SWPPP), unless otherwise specified by the Zoning Administrator, which may include but not be limited to grading measures, seeding, construction of retaining walls, or other specified Best Management Practice.
(2) Amenities and facilities proposed for construction or installation on any land within the entire PUD district to be either:
a. Dedicated to the city; or
b. Used as common land which will not be dedicated to the City.
C. Covenant to run with the land, in favor of the city and all persons having a possessory interest in any portion of the development premises, providing that the owners of the land or their successors in interest shall maintain all interior streets, parking areas, sidewalks, parks, and plantings which have not been dedicated to the city in compliance with city ordinances and with the development plan as approved by the city council, which covenant shall be recorded by the developer in the office of the county recorder.
D. Warranty deeds to all land to be dedicated to the city, all required easements and all agreements which may be required by the city council at the time of conceptual plan approval, provided that all such deeds and any such easements and agreements which run with the land shall be recorded by the developer in the office of the county recorder.
9. Approval of Development Plan by Zoning Administrator. Every development plan and required documents submitted pursuant to this division shall be reviewed by the Zoning Administrator, who shall approve the development plan if it complies with the standards of this division and is in compliance with the conceptual plan.
10. Amendments to Conceptual Plan. Any change in a conceptual plan proposed after the city council has approved the plan pursuant to this section shall be resubmitted in the same manner as the original conceptual plan. Any such change, except an insubstantial change as described in Section 174.22, shall be considered in the same manner as the original conceptual plan. However, any proposed change to the approved conceptual plan which (i) is disapproved by the plan and zoning commission or (ii) would increase the allowed number of dwelling units or the allowed square footage of commercial space and which is the subject of written protest filed with the city clerk duly signed by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property proposed for change shall not become effective except by the favorable vote of at least four-fifths of all members of the council. An insubstantial change may be approved by the planning director if it complies with the standards of this division. Within the meaning of this section, insubstantial changes are those changes, as determined by the planning director, to be minor and in harmony with the intent and objectives of this division.
11. Amendments to Development Plan. Any change in a development plan proposed after the Zoning Administrator has approved the plan pursuant to this section shall be resubmitted and considered in the same manner as the original development plan. However, if any such change involves an amendment to the conceptual plan, the planning director shall not approve the amendment to the development plan until the city council has approved the amendment to the conceptual plan pursuant to subsection 10 of this section.
12. Appeals from Decisions.
A. The applicant aggrieved by a decision of the Zoning Administrator to approve or deny a proposed development plan or amendment thereto pursuant to this section shall have the right to appeal any determination or action of the Zoning Administrator made within the scope of this section. Appeal shall be made, without cost, by written notification received by the city within 30 days after the date of the action by the Zoning Administrator.
B. The appeal shall first be considered and acted upon by the plan and zoning commission. The P&Z Commission shall consider all appeals within 30 days after the written notification has been received by the city and must render a decision regarding the appeal within 45 days following the written notification of appeal, provided the appellant may agree to a longer time period not to exceed 60 days after receipt of the written notification. Failure to decide the appeal within such time period shall have the effect of overturning the Administrator's action and approving the development site plan as appealed. At the commission meeting, the appealing party shall be presented a reasonable opportunity to present his or her views.
C. Decisions of the plan and zoning commission may be appealed to the city council in the same manner as appeals from the action of the subcommittee, provided a majority vote of the city council shall be necessary to overturn or modify the action of the plan and zoning commission.
D. In making its decision on an appeal, an appellate body shall determine whether the planning director's decision is in conformity with the requirements of subsection 9 of this section. Each decision of an appellate body shall be in writing and shall be filed in the office of the City Clerk, and notice of such decision shall be mailed by the city within two days after its filing, to all parties to the appeal.
13. Permitted Uses. Any use of structures or land permitted in any R, C, I-1 or I-2 district may be permitted in the PUD planned unit development district.
14. Standards.
A. All uses proposed in a PUD planned unit development district plan shall be in harmony with the existing or anticipated uses of other properties in the surrounding neighborhood and shall generally be in conformance with the city's land use plan. The design of a PUD development shall be based on harmonious architectural character; compatible materials; orderly arrangement of structures and open space; and conservation of woodlands, streams, scenic areas, open space and other natural resources.
B. Setbacks and other appropriate screens shall be provided around the boundary of a PUD development to protect the adjoining district properties. Only in exceptional circumstances shall such a setback be less than the amount of the setback which the adjoining district is required to maintain from the PUD development.
C. A PUD development shall comply with all applicable city ordinances, specifications and standards relating to all dedicated street, sanitary sewer and storm sewer facilities and to surface drainage and storm water retention.
D. The streets surrounding a PUD development must be capable of accommodating the increased traffic that would be generated by the new development. The development shall be designed to provide maximum feasible separation of vehicular traffic from pedestrian ways and recreational areas. If turning lanes or other forms of traffic controls within or adjacent to the development are deemed necessary by the city council, the developer shall provide the necessary improvements.
E. Off-street parking and loading spaces shall be provided as appropriate to the size and character of the development. Each off-street loading space shall be not less than ten feet in width and 25 feet in length. All off-street parking spaces shall be provided in accordance with the requirements of Chapter 172, Off-street Parking and Loading.
F. Where appropriate to the size and character of a PUD development, provision shall be made therein for open space for recreation and other outdoor uses, and for places of worship, convenience shopping and other community services.
15. Building Permits. No building permit concerning any stage of a PUD planned unit development shall be issued until after the development plan for that stage has been approved by the Zoning Administrator, and until after the developer has provided the city with satisfactory evidence of the recording with the county recorder of the approved development plan and any amendments thereto and of any covenant, deed, easement or agreement required to be so recorded pursuant to subsection 8 C and D of this section.
16. Grading Permits. No Land Disturbance (grading) Permit concerning any stage of a PUD planned unit development shall be issued until after the PUD conceptual plan, the Soil Erosion and Sedimentation Plan, and the land restoration bond required pursuant to subsection 8 B of this section has been approved by the city council.
17. Failure to Submit Development Plan or to Commence Construction. If the developer fails either (i) to submit a development plan within the time requirements of subsection 6 of this section or (ii) to commence construction in accordance with the time schedule set forth in the development plan, a public hearing shall be scheduled before the plan and zoning commission regarding such failure, and the developer shall be served prior notice thereof by certified mail. At such meeting the commission shall consider all circumstances relevant to the developer's failure and shall vote to recommend to the city council that appropriate remedial measures be initiated, which measures may include (i) the initiation of rezoning of the subject property to the zoning classification effective immediately prior to the rezoning of the subject property to a PUD district classification, and/or (ii) referral of the matter to the legal department for institution of enforcement proceedings in the courts pursuant to Sections 174.01 and 174.02. Upon receipt of the recommendations of the commission, the city council shall act to initiate remedial measures in conformity to the commission's recommendations or to initiate such other remedial measures as the council determines to be reasonably necessary under the circumstances.