Each petitioner requesting approval of PUD shall submit the required material:
1. Planned Unit Development (PUD) Overlay District. Constitutes an amendment to a zone district classification and as such follows the procedures for amendments in Section 165.91.
2. Pre-Application Conference. Whenever a PUD located within the planning jurisdiction of the City is proposed, the applicant shall schedule a pre-application conference with the City to obtain pertinent information, and determine the general feasibility of the proposed development. The applicant and his representative shall confer with City representatives as determined by the Zoning Administrator in connection with the preparation of the PUD application. The purpose of such conference shall be to acquaint the City with the proposed PUD and to acquaint the applicant with the requirements, procedures, and any special problems relating to the proposed PUD.
3. Sketch Plan Required. For the pre-application conference, the applicant shall provide a map or sketch showing the location of the PUD, the general location of any proposed streets and other improvements, and the general layout and arrangement of intended land uses, in relation to the surrounding area.
4. Presentation to Commission and Council. The applicant may present the sketch plan to the Commission and Council for review prior to incurring significant costs preparing the preliminary or final PUD.
5. Preliminary Development Plan Requirements. A preliminary development plan shall be submitted with each application requesting approval to the PUD classification. All preliminary development plans shall include the following:
A. Written documents:
(1) A legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning.
(2) A statement of objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.
(3) A development schedule indicating the approximate date when construction of the PUD, or stages of the PUD, can be expected to begin and be completed.
(4) A statement indicating the applicant’s intentions with regard to the future subdivision of all or portions of the PUD.
(5) Quantitative data as applicable for the following: Total number and type of dwelling units, parcel size, proposed lot coverage of buildings and structures, approximate gross and net residential densities, total amount of open space, and total amount of nonresidential construction or other permitted facilities.
(6) A description of method developer proposes to use to insure retention and maintenance of common areas such as open space, private streets, buildings, etc.
(7) Other information deemed necessary by the Planning and Zoning Commission or City Council.
B. Site Development Plan and Supporting Documents. A site development plan and any maps, photographs, and supporting documents necessary to show major details and the location of the proposed PUD shall be provided, which shall contain the following minimum informational items at a scale of 1 inch equals 100 feet:
(1) The existing site conditions, including contours at a minimum of five (5) foot intervals; water course(s); flood plains; unique natural features; and all trees five (5) inches or more in diameter measured four (4) feet above natural ground line or wooded areas.
(2) Proposed lot lines.
(3) The location and floor area size of all existing and proposed buildings, structures, and other improvements.
(4) Maximum building heights, types and density of dwelling units, type of nonresidential structures, preliminary elevations, architectural renderings of typical structures and improvements in sufficient detail to relay the basic architectural intent of the proposed development.
(5) Identification, location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas, school sites, and similar public and semi-public uses.
(6) Existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way including major points of ingress and egress to the development. Notations of proposed ownership, public or private, shall be included where appropriate.
(7) Existing and proposed pedestrian circulation system including its inter-relationships with the vehicular circulation system. Proposed treatments of any points of conflict shall be indicated.
(8) Existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas, and telephone lines.
(9) Schematic landscape plan indicating the general type and treatment of materials used for private and common open spaces.
(10) Information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique topographic and landscape features.
(11) Proposed treatment of the perimeter of the PUD, indicating materials and techniques used in screens, fences, and walls.
(12) Aerial photograph at a scale of 1 inch equals 300 feet (1" = 300') or larger, with the proposed development drawn thereon to include buildings and roadways.
(13) Any additional information deemed necessary by the Planning and Zoning Commission or City Council to evaluate the character and impact of the proposed PUD.
6. Official Action on Preliminary PUD.
See Section 165.92.
A. Action by Planning and Zoning Commission. The Planning and Zoning Commission shall review each PUD proposal within sixty days of receipt of any proper application and report its recommendations within thirty days from the date of the Commission meeting to the City Council for final action. Prior to making its recommendation the Planning and Zoning Commission shall consider the following:
(1) Relationship to the Land Use Policy Portion and other elements of the Comprehensive Plan.
(2) Characteristics of the general area including any changing conditions.
(3) Effect on, and compatibility with, the neighborhood.
(4) Suitability of the property for all uses proposed in the PUD.
(5) Adequacy of street facilities in relation to the proposed development.
(6) Adequacy of utilities and other facilities in the area.
B. Action by the City Council. The City Council shall not act upon a proposed PUD until it has received a recommendation from the Planning and Zoning Commission on the proposed amendment to the zone classification district, unless such recommendation is not received within ninety (90) days from the filing date.
(1) The City Council may approve, approve with modifications, or deny any application for a PUD, provided however, that any protest to the proposed amendment of the regulations or districts has been filed with the City Clerk at or before the public hearing as specified in State of Iowa City Zoning Rules Section 414.5, signed and acknowledged by the owners of twenty percent (20%) or more of the lots or parcels to be included in such proposed change, or by the owners of twenty percent or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of the City Council.
(2) If an application for a proposed amendment is not acted upon finally by the City Council within one hundred eighty (180) days of the date the Council receives the Planning and Zoning Commission recommendations, and such time is not extended by mutual consent of Council and petitioner, it shall be deemed to have been denied. The applicant may request that the amendment be held from further action for an unstated length of time. However, if the time exceeds 180 days the City Clerk shall notify the applicant that the amendment shall be considered withdrawn and that it shall be reconsidered only upon the filing of a new request for a PUD zone district amendment.
7. Final Development Plan. Within twelve (12) months following the approval of the Preliminary PUD Development Plan by City Council, the applicant shall file a Final PUD Development Plan containing, in a final detailed form, the information required in Section 165.66(5). At its discretion, and upon recommendation from the Planning and Zoning Commission, the City Council may extend for twelve months the period for filing of the final development plan.
8. Official Action of PUD Final Development Plan.
A. Planning and Zoning Commission. The Planning and Zoning Commission shall review the Final PUD Development Plan within sixty (60) days of receipt of any proper plan and report its recommendations within thirty (30) days from the date of the Commission meeting to the City Council for final action. The Planning and Zoning Commission shall consider the following in making its recommendations.
(1) Whether or not the final plan is substantially in accordance with the purpose and intent of the approved preliminary plan.
(2) Whether or not all requirements placed on the preliminary plan at the time of approval have been met.
B. Action by the City Council. The City Council shall not act upon the Final PUD Plan until it has received a recommendation from the Planning and Zoning Commission unless such recommendation is not received within ninety (90) days from the filing date. The City Council may approve, approve with modification, or deny the Final PUD Plan.
(1) If the Final PUD Plan is not acted upon finally by the City Council within one hundred eighty (180) days of the date the Council receives the Planning and Zoning Commission recommendations, and such time is not extended by mutual consent of Council and petitioner, it shall be deemed to have been denied. The applicant may request that the final plan be held from further action for an unstated length of time; however if such length of time exceeds one hundred eighty (180) days, the City Clerk shall notify the applicant that the final plan shall be considered withdrawn and that it shall be reconsidered only upon the filing of a new Final PUD Plan meeting all requirements of this chapter.
9. Issuance of a Building Permit. No building permits shall be issued for the area included in the PUD application until the Final PUD Development Plan has received the approval of the City Council.
10. Failure to Begin Development. Development pursuant to the adopted plan shall begin within twelve (12) months after the date of the approval of the Final PUD Plan. The City Council may, from time to time, grant twelve month time extensions when sufficient cause is shown by the developer for such extensions. Failure to begin within the allotted time period shall render the approved plan null and void. In the event development does not occur within the approved time period, the plan becomes void and the property reverts to the underlying zone district unless the City Council initiates proceedings to reclassify the property to another district compatible with the Land Use portion of the Comprehensive Plan for the City of Hiawatha. Once the plan has become null and void, new approval of a plan shall only be obtained by the refiling of a Preliminary PUD Plan and following the procedure required for PUD plan approval as set forth in Section 165.66.
11. Revisions to an Approved PUD Site Development Plan. If, at any time, the owner of land included in an approved PUD Site Development Plan desires to amend said approved plan he or she shall submit a petition requesting such amendment. A revised site development plan shall accompany said petition and said plan shall show the proposed revisions to an Approved PUD Site Development Plan and shall also contain all information required on the originally approved plan. The petition and plan shall be submitted to the Planning and Zoning Commission. After review of the proposed revisions a determination shall be made within said Commission as to whether the proposed revisions constitute a major or minor plan revision. The City Council shall be so informed. After due consideration, the City Council shall make the final determination.
A. Minor Revisions. Minor revisions shall be those that do not increase the size of any building or structure by more than ten percent (10%) nor change the location of any building or structure by more than 10 feet in any direction. Revised site development plans containing only minor revisions may be approved, approved with modifications, or disapproved by official resolution of the City Council after report by the Planning and Zoning Commission.
(1) Changes adjacent to the transitional zone, which is defined as “that area between a site improvement,” such as structures, parking areas and driveways, and an adjacent property zoned A, R-1, or R-3, shall be limited to the following:
a. Reduction in length of parking areas, drives, or other similar facilities;
b. An increase in setbacks of site improvements such as structures, parking areas and driveways;
c. A decrease in the height, length, or width of structures;
d. An increase in the height, length, or width of structures, parking areas, or other facilities of generally no more than twenty percent (20%) of that portion facing the adjacent property;
e. A decrease in setbacks of structures, parking, or other facilities of generally no more than twenty percent (20%) of the approved setbacks;
f. A shift parallel to the transition zone in the location of a structure, parking area, or similar facility of generally no more than twenty percent (20%) of the length or width of the structure, parking areas, or other facility;
g. All changes to Site Development Plans that are determined by the twenty percent (20%) standard are to be referenced to the last PUD Site Development Plan approved by the Planning and Zoning Commission and the City Council.
(2) Changes which are not adjacent to the transition zone and/or are located within the interior of R-7, Commercial, or Industrial Districts that are minor, relative to the total land area and the scale of the development for the subject property, and include changes which will have no significant negative impacts on adjacent property.
B. Major Revisions. Any proposed revisions not classified as minor shall be considered major revisions. A petitioner requesting approval of a revised PUD site development plan, determined to contain revisions that are major in nature but still substantially in accordance with the design, intent and purpose of the approved preliminary plan, shall be required to only submit a revised final development plan. In the event that the revised plan is determined not to be in accordance with the approved preliminary plan then a new revised Preliminary PUD Plan shall be submitted to the Planning and Zoning Commission and forwarded with recommendations to the City Council for approval prior to the approval of a revised Final PUD Development Plan.
C. City Council Action. The City Council may approve, approve with modifications, or deny approval of a revised site development plan by resolution after recommendation from the Planning and Zoning Commission.
D. Approved Plans Superseded by Approved Revised Plans. All approved Plans superseded by an Approved Revised Plan shall be considered to be null and void at the time of the approval of the revised plan.
12. Delay of Action of a PUD Amendment Request. An application for an amendment may be held from further action for up to one hundred eighty (180) days for either of the following reasons:
A. The delay in action is requested by the petitioner.
B. The applicant is requested to furnish additional information by either the Planning and Zoning Commission or City Council. If such delay exceeds the one hundred eighty (180) day time limit then the petition shall be considered withdrawn and will be reconsidered only after the filing of a new request for an amendment.
(Section 165.66 – Ord. 998 – Jan. 24 Supp.)