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175B.23 INFILL PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS.
The regulations set forth in this section or elsewhere in this ordinance which are applicable, shall apply in the Infill Planned Unit Development (IPUD) District.
   1.   Statement of Intent. The IPUD District is intended as an alternate redevelopment tool for smaller developments that propose a creative and innovative plan whose layout is not achievable by the standards under which the property is currently zoned. The UPUD District is to provide for the redevelopment of land under the control and in accordance with a Master Plan and development guidelines and standards in which the land uses, transportation elements, building densities, arrangements, and types are set out in a unified plan, which may provide greater flexibility of land use, bulk regulations, and building locations than the conventional zoning district may permit. The IPUD District is intended to: maximize aesthetics; encourage certain architectural standards for buildings; enable calculated infill development; permit mixed uses and diversity of bulk regulations without endangering the health, safety, welfare, and land value of surrounding and internal properties. An IPUD should consist of no more than two different land uses, but may include a combination of residential, commercial, and limited industrial, provided such Infill Planned Unit Development is compatible with the Comprehensive Plan of the City. In general, an IPUD should not deviate substantially from the current zoning of a property and should only be used in the redevelopment of older properties that cannot easily conform to current zoning standards.
   2.   Maximum Size, Land Use and Maximum Density. An IPUD shall consist of at most ten (10) acres, a maximum of two land use types compatible with the Comprehensive Plan of the City, and the density of the PUD shall not be in excess of the density permitted by this section and compatible with the Comprehensive Plan. An IPUD may include multiple-family or two-family dwellings in areas designated as Low Density Residential in the Comprehensive Plan, if the proposed land use is compatible with land uses adjoining and outside the PUD, and the dwelling unit density of the IPUD is not greater than fifty percent (50%) greater than the maximum density permitted by the underlying zoning as set forth in this sub-section.
   3.   Master Plan. As part of a proposed Infill Planned Unit Development rezoning of land in the City of Norwalk, a Master Plan shall be included on the Preliminary Plat or Site Plan for the development area which shows the generalized overall land use plan for development of the proposed IPUD and shall include the following information:
      A.   A vicinity map of sufficient scale to show site boundaries and the zoning of adjacent properties within 1,000 feet.
      B.   Dimensions, easements, legal descriptions, acreage, existing zoning, land use, and ownership of the area of the proposed IPUD; and existing zoning, land use, and ownership of contiguous properties within two hundred (200) feet. The Master Plan shall be submitted on paper sheets of 24 inches by 36 inches.
      C.   The location and delineation of each parcel proposed with different land uses and bulk regulations, and a schedule of the proposed land use and bulk regulations for each parcel set forth by ordinance.
      D.   Existing and proposed location of streets, pedestrian ways, trails, parks, recreation areas, open space, buffers, parking areas, schools, and anticipated traffic generation.
      E.   Area and number of dwelling units, and anticipated floor area of nonresidential buildings by parcel.
      F.   Existing tree masses, water channels, drainageways, flood hazard areas, and other topographic or environmentally important characteristics.
      G.   Proposed privately owned common areas and public ownership areas, including open space, park land, and school sites.
      H.   Location of existing or proposed municipal utilities and easements to serve the IPUD and adjoining properties, including sanitary sewer, storm sewer and water.
      I.   In addition to storm sewer facilities, other required storm water management facilities and requirements shall be shown and/or explained on the Master Plan.
      J.   Dimensions of all street right-of-way and paving widths, including all proposed easements.
      K.   Landscape areas proposed as part of small-scale IPUD proposals to include general location of shrubs, trees and earth berms.
      L.   Delineate the traffic impacts that would result from the project and how they can be mitigated.
   4.   Rules, Regulations and Guidelines for Land Use and Performance. In conjunction with the submittal of Master Plan illustrating the location of each development parcel, there shall be prepared rules, regulations and guidelines for the development of the IPUD, and such matters shall be part of the consideration by the Planning and Zoning Commission and the City Council and incorporated within an ordinance providing for the rezoning of the property to a IPUD. The rules, regulations and guidelines shall set forth the permitted land use, bulk regulations, height rules, regulations and guidelines shall set forth the permitted land use, bulk regulations, height requirements, open space and landscaping requirements, architectural standards, sign regulations, buffer requirements, off street parking and loading requirements, and other performance standards as required by the City for each parcel designated within the Master Plan. Any rules, regulations and guidelines set forth within the ordinance and Master Plan approved by the City Council providing for the rezoning shall be binding on the property owner, their heirs, successors or assigns, and shall be recorded at the Office of the County Recorder. It is understood that redevelopment parcels will have contributed to a parkland dedication in the past. Such parcels being redeveloped as an IPUD will be exempt from requiring further parkland dedication.
   5.   Process for City Review of Infill Planned Unit Development. The Zoning Administrator shall review the submitted IPUD proposal; may discuss any suggestions or provide additional information to the developer, and shall file a report together with the applicant’s proposal to the Planning and Zoning Commission.
      A.   The Planning and Zoning Commission, after receipt of the report from the Zoning Administrator, or other delegated City personnel, and receipt of the IPUD proposal, shall consider the presentation and give special attention to the following:
         (1)   Compatibility with Comprehensive Plan.
         (2)   Land use and density.
         (3)   Building types, functions, architecture, buffers and arrangement.
         (4)   Provision and use of open space and landscaping.
         (5)   Access to and from the site, and traffic circulation.
         (6)   Appropriateness and general fit to surrounding area.
      B.   The Planning and Zoning Commission may recommend approval or denial of the IPUD Master Plan and associated development rules, regulations and guidelines as submitted, or may require the developer to modify, alter, adjust or amend the proposed Master Plan and associated rules, regulations and guidelines, as the Commission deems necessary, in order to preserve the harmonious intent and purpose of this ordinance and the Comprehensive Plan of the City.
      C.   An application for approval of IPUD shall be deemed a petition for rezoning to the PUD Zoning District, but prior to an affirmative report from the Commission the applicant shall file the necessary petition as prescribed in Amendments, Section 175A.19.
      D.   Before any report is forwarded to the City Council by the Planning and Zoning Commission pertaining to an application submitted for an IPUD, said Commission shall determine if such proposal is compatible with the Comprehensive Plan or if such proposal represents a substantial change to the Comprehensive Plan. The Commission shall hold a public hearing, giving notice as provided by law for a rezoning.
      E.   After a complete review by the Planning and Zoning Commission, a written recommendation and report giving reasons as to their action shall be filed with the City Council.
      F.   Within a period of sixty (60) days after the City Council has received a report from the Planning and Zoning Commission, together with the proposed Master Plan, and rules, regulations, and guidelines of the IPUD development, a public hearing shall be held by the City Council in accordance with the provisions of Section 175A.19. The City Council shall then approve or deny the application, in accordance with Section 175A.19.
   6.   Recording of Master Plan and Associated Rules, Regulations and Guidelines. The ordinance providing for the rezoning of property to the IPUD Zoning District and the associated Master Plan, rules, regulations, and guidelines as approved by the City Council shall be recorded at the Office of the County Recorder and shall be binding on the property owners, their heirs, successors or assigns.
   7.   Modifications. Any proposed modifications in the approved IPUD shall first be reviewed by the Planning and Zoning Commission. Said proposed modification along with a report from the Commission shall then be forwarded to the City Council with appropriate recommendations. The City Council shall then take such appropriate action on the proposed modification and their decision shall be final. No modification may be considered that is more than a twenty percent (20%) increase in density or change of uses on the site without a public hearing as required of a rezoning procedure. A public hearing may be required before the City Council on any modification, if determined by the Council. All modifications and adjustments shall be recorded at the Office of the County Recorder as required of the original rezoning.
(Ord. 20-30 – Jan. 21 Supp.)