(A) Purpose. The purpose of this district is to promote and encourage development or redevelopment of tracts of land on a planned, unified basis by allowing greater flexibility and diversification than is normally permitted by conventional single lot development in other zoning districts, because of the substantial public advantages of planned development. Although Planned Unit Developments (P.U.D.s) may appear to deviate in certain respects from a literal interpretation of the Comprehensive Plan, regulations adapted to such unified planning and development are intended both to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, and to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design and a better living environment.
(B) Where permitted. Planned Unit Developments shall be a minimum of two acres in area, and may allow any use regardless of the prior zoning classification of the property.
(C) Procedure.
(1) Pre-application conference. Whenever a developer proposes a rezoning for a planned unit development, the developer shall contact the Department of Community Development to schedule a pre- application conference. The pre-application conference shall include the Developer and representatives, representatives from the Department of Community Development and the Engineering Department, and such other city departments that express a desire to be included in such pre-application conferences on a regular basis, or that are deemed to be helpful or necessary by the Department of Community Development. The purpose of the pre-application conference shall be to acquaint the city staff with the proposed development, and to acquaint the developer with the procedures and requirements of this Code and concerns and regulations that pertain to the proposed planned unit development. The developer shall furnish a reasonably specific description of the property to be rezoned at the time of requesting the pre- application conference, and is encouraged to prepare and submit a conceptual master plan for the proposed development prior to the conference, in order to facilitate the pre-application conference discussion.
(2) Application for rezoning.
(a) Following the pre-application conference the developer shall submit a petition for rezoning in accordance with standard city procedures for rezoning, accompanied by a Master Plan and related documents containing the information required by this section, and required fees.
(b) The petition and Master Plan shall be referred to the Planning and Zoning Commission for public hearing as required by this Code for rezoning. The Commission shall review the Master Plan for conformity to the standards of this section, and may approve the Plan as submitted; require the petitioner to modify, alter, adjust or amend the Plan as deemed necessary; or recommend that it be denied. The action of the Planning and Zoning Commission shall be reported to the City Council, where upon the Council may approve or disapprove the petition and Master Plan as reported or may require such changes thereto as deemed necessary to effectuate the intent and purpose of this Code.
(c) The Department of Community Development shall schedule all required public hearings as soon as possible after all required information has been submitted. The Planning and Zoning Commission shall report their findings to the City Council in a timely manner.
(3) Final plans.
(a) Final plans for the Planned Unit Development shall be comprised of site plans or preliminary and final subdivision plats as appropriate to the situation and as required by the Site Planning and Subdivision Codes or specific provisions of the Master Plan. Such site plans and plats shall contain all information and be processed in the manner set forth in said Codes, in addition to complying with any specific provisions of the Master Plan, and shall generally comply with the development concepts outlined in the Master Plan. No public notice or hearing shall be required for final plans unless required by the Master Plan or caused to be required by the Commission or Council. Deviations from the Master Plan may be permitted as refinements to the design and planning if not defined by this Code as a substantial modification requiring amendment to the Master Plan. Such deviations shall be expressly set out and shall be approved by the Planning and Zoning Commission and City Council.
(b) Final plans may cover all or part of the Planned Unit Development, provided that a final plan covering only a part of a P.U.D. is hereby defined as a phase irrespective of contrary provisions by the Master Plan and shall demonstrate the ability to be self-sustaining in terms of access, services, utilities, open space, economic viability and other major considerations.
(c) The developer may seek to obtain preliminary plat and/or final site plan approval concurrently with approval of the Master Plan by expressly declaring such intent and filing all information required by the Subdivision and Site Planning Codes. Final site plan approval shall not be granted for an unplatted parcel unless an accurate property survey is also filed as part of the preliminary plat if a plat is required, or as a certified property survey in the event a plat is not required.
(d) Upon approval of final plans, building permits shall be issued in the same manner as for building permits generally. In any event where platting is required, no building permits shall be issued until the final plat is approved and recorded and all other requirements complied with. Final plans shall be binding on the petitioner and any and all successors in title so long as P.U.D. zoning applies to the land, unless amended in accordance with the procedures set forth.
(4) Amendments or modifications.
(a) Substantial modifications to the Master Plan shall be processed in the same manner as a rezoning and additionally shall comply with the provisions of division (C)(2) above. Notice and public hearing requirements, and the effect of a denial shall be the same as for rezoning, provided that the notification area shall be those property owners proximate to the parcel covered by the amendment, as opposed to the entire P.U.D. Further provided that in the event a requested amendment for a portion of the entire P.U.D. is denied, such action shall not be deemed to limit or prohibit the filing of an amendment to another portion of the P.U.D. having a substantially different notification area. Any ambiguities or disputes between this section and procedures for rezoning shall be resolved in favor of the more restrictive requirements.
(b) Substantial modifications are hereby defined to include, but are not limited to, the following: increased density; intensification of use by changing to a lower classification, with conventional single-family being the highest classification and progressing to attached single-family, multiple family, commercial offices, retail, warehousing and light industry, to heavy industry; addition of uses, or elimination of conditions or restrictions on a use or uses; increased floor area ratios, or other modifications considered probable to generate increased traffic, sewage, waste consumption or other detrimental conditions; significant modifications to peripheral buffering or screening, setbacks, height, locations of buildings, drives or other improvements, which were intended for protection of proximate properties, provided that substitution of equivalent screening materials shall not be considered a substantial modification; modifications to the street pattern, such as that of major streets or continuations of existing streets, which will have a demonstrable impact on traffic flow such as to effectively change the functional classification of the street; modifications to access which may lead to increased congestion, or to additional commercial or industrial traffic on a local residential street; or other changes deemed substantial by the Director of Community Development.
(c) Modifications to final plans shall follow the procedures of the Site Planning or Subdivision Codes, as appropriate, except in the case of a substantial modification as defined above.
(D) Information required on master plan. Applications for rezoning to Planned Unit Development shall include a Master Plan consisting of all narrative standards and information, and maps, architectural elevations and other graphical materials and that are listed on the most-recent application checklist that has been issued by the Department of Community Development for this purpose, submitted in the number of copies and format set forth in said checklist, and shall at a minimum include the following:
(1) Sufficient information about adjacent properties and improvements thereto, to indicate relationships to the proposed development, including such information as property lines, pedestrian and vehicular circulation, significant natural features or physical improvements, and existing and proposed public infrastructure;
(2) General locations of proposed land uses and significant structures, and common open space and recreational facilities; delineating areas with different uses or building types, and lot sizes, gross density per acre or floor area ratios as appropriate to the proposed development;
(3) General location and size of areas to be dedicated or reserved for common open space and parks, schools and similar uses;
(4) Existing and proposed circulation systems, including proposed arterial and collector streets, major points of access; pedestrianways, and in the case of nonresidential developments, off-street parking and loading areas, and truck circulation and travel routes;
(5) Existing and proposed sanitary and storm sewer systems, water mains and drainageways, in a conceptual nature;
(6) Proposed bulk regulations, architectural standards, land uses, density, floor area ratios for nonresidential developments, and exceptions or variances from general requirements of zoning and other codes;
(7) Sewer usage computations in accordance with the criteria of the applicable sanitary sewer district;
(8) Proposed mitigation along the perimeter of the project for protection of adjoining properties, such as larger setbacks, and buffer yards, landscaping, walls, fences or other screening, height limitations, architectural or site design, or other provisions;
(9) A narrative or graphical explanation of how the unified planning and design concepts, objectives and alternative criteria proposed by the planned unit development make certain conventional controls and regulations unnecessary; will result in a development that is superior to that which could reasonably result from conventional controls and regulations, as measured by public welfare and benefit; or are necessary due to unique conditions or characteristics of the property. Such explanation should describe the character of the proposed development in a way that can be understood by the lay person; the rationale behind the assumptions, choices and designs that are the basis for the proposed unified plans; the compatibility with the surrounding area; and design considerations for architecture, engineering, landscaping, open space and so forth;
(10) Proposed phasing and timetable.
(a) The Director may require any additional information which may be needed to evaluate the proposed P.U.D., or may waive some submittal items if they do not appear to be necessary or relevant to the situation.
(b) The above information should be shown in a clear and logical manner in a legible scale. Generally, existing conditions should be illustrated on a separate sheet for sake of clarity, although existing topography, access, utility and sewer lines and other items that are appropriate for understanding the proposal should also appear on the proposed development plan. It is strongly recommended that an architect, landscape architect and civil engineer be employed to prepare the plans.
(E) Development controls. Although P.U.D.s are intended to promote and permit flexibility of design and thereby may involve modifications of conventional regulations or standards, certain requirements which are set forth below shall be applied to ensure that the development is compatible with the intent of this Code.
(1) Only those uses that are approved and made a part of the Master Plan, and subject to any conditions attached thereto, shall be permitted.
(2) Height, setback, bulk and other requirements set out in the Master Plan shall constitute the basis for and become the zoning requirements , provided that refinements may be made through final plan approval if not defined as a substantial modification; in lack of any special provisions set out in the Master Plan, the requirements of the most proximate zoning district, as defined by use, shall be applied; communication towers may be allowed on nonresidential properties, as either a permitted or conditional use, in accordance with the regulations for the district which the P.U.D. most closely approximates, as determined by the uses permitted and strictly construed to be a conditional use under the more restrictive district in the event of any question as to applicable regulations.
(3) Project phases shall be substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, required open space, screening and transitional elements and other support features, and be capable of supporting required operation and maintenance activities; temporary provisions, such as turnarounds or access easements, may be required for this purpose; the initial phases generally should not be comprised of the most intensive portions of the P.U.D., unless the city concurs this is the most feasible means of developing the property in terms of access, sewer service or similar physical constraints, or will permit earlier development of common amenities.
(4) Attention shall be given to mitigation of existing or potential land use conflicts through proper orientation, open space setbacks, landscaping and screening, grading, traffic circulation and architectural compatibility. It is the intent of this Code to recognize that appropriate use of design techniques will provide the required mitigation, and thereby eliminate the need for certain conventional regulations or standards. As examples and not requirements: orienting views, access, and principal activities away from the land use needing protection, placing those least compatible activities farthest from the common boundary and those most compatible nearest, can create an effective buffer; setbacks in conjunction with landscaping can mitigate conflicts by providing a visual buffer, controlling pedestrian access, softening visual contrast by subduing the differences in architecture and bulk, and reducing heat, and dense landscaping can reduce the width of physical separation needed for such purposes; proper grading will control drainage, can alter views and subdue sound, and channel access; fences, walls and berms will channel access and control visual, sound and light pollution; proper architectural use of color, bulk, materials and shape will enhance compatibility and reduce contrast, although details added to the building for aesthetic purpose without consideration to form and surroundings may be detrimental rather than helpful; and proper design of pedestrianways, streets and points of access and proper location of parking areas, will reduce congestion and safety hazards, and help prevent introduction of noise, pollutants and other conflicts into areas with less intensive land use. Other techniques may also be used.
(5) There shall be a minimum setback of 20 feet for any garage whose vehicular access faces the street.
(6) Permanent care and maintenance of open space, recreation amenities and other common elements shall be provided in a legally binding form. If the common elements are to be maintained by a homeowners’ association, the applicant shall file the proposed documents governing the association for review by legal counsel for compliance with the following requirements at the time the final plat or site plan is filed.
(a) Membership shall be mandatory for each home buyer and any successive buyer.
(b) The open space restrictions shall be in perpetuity, or automatically renewable, and shall not terminate, except by approval of both the homeowners’ association and the City of Urbandale.
(c) The homeowners’ association shall be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.
(d) Home owners shall pay their pro rata share of the cost or the assessment levied by the association shall become a lien on the property.
(e) The association shall be able to adjust the assessment to meet changes needed.
(f) No change in open space use or dissolution of homeowners’ association shall occur without approval by the City of Urbandale.
(7) Private open space shall be provided adjacent and accessible to each dwelling consisting of balconies, deck or yard. Required open space on the ground level shall generally have a minimum dimension of 15 feet and minimum area of 400 square feet, and one-half of the required area shall not exceed a slope of five (5) percent. Private open space for dwelling units located entirely above the ground floor shall generally have a minimum dimension of six feet and minimum area of 60 square feet.
(8) Surety may be required to ensure completion of recreational amenities provided in lieu of public facilities, or for mitigating elements such as screening or public improvements.
(9) Except where the city agrees to other arrangements, a P.U.D. shall be comprised of a single owner, or a group of owners acting as a partnership or corporation with each agreeing in advance to be bound by the conditions which will be effective in the P.U.D.
(F) Validity.
(1) In the event the first development phase has not commenced within two years after the date of rezoning, or if subsequent phases are delayed more than two years beyond the indicated development schedule, the developer shall file appropriate information detailing the reasons for the delay with the Department of Community Development. The Director shall review the circumstances and prepare a report recommending appropriate action to be taken concerning the P.U.D. The Planning and Zoning Commission and City Council shall review the matter, and may continue the P.U.D. zoning with revised time limits; require that appropriate amendments be made or action taken, such amendments to comply with the procedures of this section if deemed substantial; continue the P.U.D. zoning for part of the area, with or without revised time limits, and initiate rezoning of the remainder to an appropriate district; or initiate rezoning of the entire parcel to an appropriate district, provided that the rezoning shall not be to a zone more restrictive than the applied immediately prior to the rezoning to P.U.D., except after comprehensive planning analysis. The Commission and Council may schedule such public hearings as deemed appropriate.
(2) Approval of a final site plan or preliminary plat shall be deemed to commence development, provided that the permanent placement of construction materials shall have started and be proceeding without delay within two years after the date of site plan approval, and a final plat approved within one year after the date of preliminary plat approval in the event a site plan is not required. Failure to comply with this provision shall void the site plan and preliminary plat approvals, and make the P.U.D. subject to review as provided above.
(3) The developer shall be responsible for compliance with all prescribed time limits without notice from the city.