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HomeMy WebLinkAbout2019-07-14-301.151 §301.15."R-5" Planned Unit Development District. The "R-5" District is intended and designed to provide a means for the development of large 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 in "AR," "R-1," "R-2," "R-3," and "R-4" districts. It is 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 sound zoning standards as set forth in this ordinance and statutes concerning population density, adequate light and air, recreation and open space, and building coverage be preserved. A. Procedure. The owner or owners of any tract of land comprising an area of not less than five (5) acres, may submit to the City Council a petition requesting a change to the "R-5" zoning district classification. The petition shall be accompanied by a plan for the use and development of the entire tract of land. The development plan shall be referred to the Plan and Zoning Commission for study and report. The Plan and Zoning Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of architectural design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this ordinance to promote public health, safety, morals and the general welfare. The development plan as approved by the Commission shall then be reported to the City Council, whereupon the City Council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purposes of this ordinance. If the Council approves the preliminary plan and request for rezoning, the applicant shall submit within 270 days, or such longer period as may be approved by the Council, to the Commission a final development plan, in triplicate, of not less than one stage of the proposed development showing in detail the location of all proposed: (1) buildings and uses, the height and exterior design of typical dwellings and the number of dwelling units in each; (2) parking areas; (3) access drives; (4) streets abutting or within the proposed development; (5) walks; (6) all proposed walls and fences; (7) landscaping and plant material; (8) required peripheral yards; (9) common land, recreation areas and parks; (10) existing and proposed utilities and public easements; (11) proposed signs and their area and dimensions; (12) storm and sanitary sewer lines; (13) water mains; and (14) development stages and timing. B. The final development plan shall be accompanied by the following required documents: 1. If the proposed development includes common land which will not be 2 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 included. The proposed by-laws shall include but not be limited to provisions: (a) automatically extending membership in the association to all owners of dwelling units within the development; (b) limiting the uses of the common property to those permitted by the final development; (c) granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property; (d) placing the responsibility for operation and maintenance of the common property in the association; (e) giving every owner of a dwelling unit voting rights in the association; and (f) 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. 2. Performance bond which shall insure to the City that the dedicated public streets, utilities, and other common development facilities shall be completed by the developer within the time specified in the final development plan. 3. 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 of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings which have not been dedicated to the City in compliance with the City ordinance. 4. Any additional agreements required by the Council at the time of preliminary plat approval. 5. A final plat shall be submitted with each stage of the final development plan. The plat shall show buildings lines, lots and/or blocks, common land, streets, easements, and other applicable items required by the subdivision ordinance. Following approval of the final plat by the Commission and Council, the plat shall be recorded with the County Auditor and Recorder. C. The final development plan and required documents shall be reviewed by the Commission, for compliance with the "R-5" standards and substantial compliance with the preliminary plan. The Commission's recommendations and report on the final development plan shall be referred to the Council for final approval. The final development plan and final plat shall be approved by the Council before any building permit is issued. 3 D. Permitted principal and accessory land uses, lot area, yard and height requirements shall be as set out below, which shall prevail over conflicting requirements of this Section or the subdivision ordinance. 1. Buildings shall be used only for residential purposes; occupant garages, occupant storage and similar accessory uses; noncommercial recreational facilities; and community activities including churches and schools. 2. The minimum lot and yard requirements of the zoning districts in which the development is located shall not apply, except that minimum yards specified in the district shall be provided around the boundaries of the development. The Council may require open space or screenings be located along all or a portion of the development boundaries. The height requirements of the zoning district in which the development is located shall apply within 125 feet of the development boundary. 3. All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the City. 4. "Common land" as used in this section refers to land retained in private ownership for the use of the residents of the development, or to land dedicated to the general public. 5. Any land gained within the development because of the reduction in lot sizes, below minimum zoning ordinance requirements, shall be placed in common land to be dedicated to the City or retained in private ownership to be managed by a homeowner's association. 6. The requirements of this Ordinance relating to off-street parking and loading, shall apply to all "R-5" Districts. 7. The final development plan shall comply with the density requirement. E. The maximum number of dwelling units permitted in an "R-5" District shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zoning district or districts in which the area is located then multiplied by 115 percent. (In the "R-2 District, the one-family dwelling requirement shall apply.) Net development area shall be determined by subtracting the area set aside actually proposed for streets from the gross development area. The area of land set aside for common land, open space, or recreation shall be included in determining the number of dwelling units permitted. The maximum number of multiple dwelling units permitted in the R-5 4 development shall be determined by the zoning district in which the development is located as follows: Zoning District Percentage of Total Dwelling Units Permitted as Multiples AR 10 R-1 25 R-2 50 R-3 100 R-4 100 If the development area contains two (2) or more different zoning classifications, the number of dwelling units permitted shall be determined in the direct proportion to the area of each zoning classification contained in the entire tract. F. The Council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the Council to rezone the unimproved property to the classification effective at the time of original submission of the development plan, unless an extension as recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the development plan after approval by the Council shall be resubmitted and considered in the same manner as the original proposal. The term "unimproved" property shall mean all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced. G. In no event shall the installation of any improvements be commenced in the second or subsequent stages of the final development plan until such time as ninety percent (90%) of infrastructure improvements including streets and utilities have been completed in any prior stage of such plan. §301.15(P) PD PLANNED DEVELOPMENT DISTRICT §301.15(P)1 Purpose. The PD (Planned Development) Overlay District is intended to provide flexibility in the design of planned projects; to encourage innovation in project design that incorporates open space and other amenities; and to ensure compatibility of developments with the surrounding urban environment. The PD (Planned Development) District is intended to promote developments that will be advantageous to the City of Waukee and its 5 urban form by permitting project design that will surpass the quality of development resulting from application of the regulations of conventional zoning districts. While the PD District may appear to deviate from a literal interpretation of the land development regulations, it is not intended to encourage deviations from the city’s comprehensive plan or overall development objectives. The District shall not be used to secure approval for projects that do not conform to the city's comprehensive plan. §301.15(P)2 PD-1 In order to permit maximum applicability of the PD District, the PD-1 District is hereby created. The PD-1 (General PD) district is intended to accommodate large, comprehensively planned developments that are likely to develop over a relatively long period of time. The PD-1 creates special guidelines and regulations to ensure that development over time conforms to an established master plan. The PD-1 also may establish the preliminary plat for those projects which require platting. §301.15(P)3 Criteria for Use The PD (Planned Development) District is generally intended for use in the following urban contexts. A. Vacant Land. Areas of substantial open space where the structure of conventional zoning may artificially limit or constrain good urban design, may restrict the achievement of the city’s development objectives, or may not be appropriate to changes in technology or demand consistent with the best interests of the City of Waukee. B. Community Development Areas. Areas of the City that are in need of rehabilitation or redevelopment, including areas that may be deficient in public facilities or services. In these situations, the PD District may encourage private investment by recognizing the need for flexibility that conventional zoning regulations do not provide. C. Neighborhood Contexts. Areas in which sensitive project design is critical to maintain and protect the value of surrounding residential neighborhoods and other sensitive or vulnerable urban settings. D. Large Projects. Projects that have substantial effects on their urban and rural surroundings because of their size and scale. E. Large areas that may be zoned prior to development by the Planning and Zoning Commission and City Council consistent with the Comprehensive Plan, but which require individual project approval as development occurs. §301.15(P)4 Permitted Land Uses A Planned Development may include 6 residential, office, commercial, industrial, or public land uses, subject to the requirements of the underlying zoning district. §301.15(P)5 The PD-1 (General PD) District: Application Procedures A. Minimum Size: The minimum size of a PD-1 District shall be three acres. B. Pre-application Concept Plan: Prior to filing an application for approval of a PD-1 District, the applicant shall meet with the Director of Planning for the purpose of submitting a pre-application concept plan. This plan shall illustrate the conceptual overall plan for the District and shall include at a minimum the information required in Table One. C. The Director of Planning shall review and comment on the proposed concept plan and shall provide the applicant with written comments within thirty days of submission of the concept plan. D. The review of the concept plan shall include consideration of the following criteria: 1. Land use intensity and density. 2. Ability to provide a positive environment for intended uses, including schematic building configurations, arrangements, and general landscaping and site design. 3. Use of open space. 4. Impact on the surrounding natural and built environment. 5. Adequacy of on- and off-site transportation and utility systems to serve the proposed project. 6. Consistency with the City of Waukee’s comprehensive plan. E. Following review of the pre-application concept plan, the applicant may proceed with filing a formal application for approval of a PD-1 District. This plan shall illustrate the development master plan for the District and shall include at a minimum the information required in Table One. F. A PD-1 application shall include a Development Agreement establishing the development regulations for the district unless initiated by the Planning and Zoning Commission or City Council. The Development Agreement shall specify the following regulations: 7 1. Location and quantities of various land uses. 2. Maximum floor area ratios and residential densities. 3. Maximum building and impervious coverage. 4. Front, side, and rear yard setbacks. 5. Maximum heights of proposed structures. 6. Design standards applicable to the project. 7. Incorporation of graphic development plans and drawings into the site development regulations. G. The Planning and Zoning Commission and City Council shall review and evaluate each PD-1 District application. The Planning and Zoning Commission and City Council may impose reasonable conditions, as deemed necessary to ensure that a PD shall be compatible with adjacent land uses, will not overburden public services and facilities and will not be detrimental to public health, safety and welfare. H. The Planning and Zoning Commission, after proper notice, shall consider and act upon each application. The Planning and Zoning Commission may recommend amendments to PD-1 district applications. The recommendation of the Planning and Zoning Commission shall be transmitted to the City Council for final action. I. The City Council, after proper notice, shall hold a public hearing and act upon any Ordinance establishing a PD-1 District. Proper notice shall mean the same notice established for any other zoning amendment. J. In their respective reviews of the PD-1 application, the Planning and Zoning Commission and City Council shall base decisions on findings of fact as set forth in the criteria presented in Table Two. K. Upon approval by the City Council, the Development Plan and Agreement shall become a part of the Ordinance creating or amending the PD District. All approved plans shall be filed with the City Clerk. L. Issuance of Building Permits: The City shall not issue a building permit, certificate of occupancy, or other permit for a building, structure, or use within a PD-1 District unless it is in compliance with the approved Development Plan or any approved amendments. 8 M. Changes or Modifications to Development Plans. The Director of Planning is authorized at his/her discretion to approve amendments to an approved development plan provided that: 1. A written request is filed with the Director of Planning, along with information specifying the exact nature of the proposed amendment. 2. The amendment is consistent with the provisions of this section. 3. The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, land uses or land use intensity, mixture of use types, and physical design. 4. Any amendment not conforming to these provisions shall be submitted to the Planning and Zoning Commission and City Council for action. N. Termination of PD-1 District: If no substantial development has taken place in a Planned Development District for three years following approval of the District, the Planning and Zoning Commission shall reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property. §301.15(P)6 Planning and Zoning Commission or City Council Initiated PD-1 Districts In some situations, the Planning and Zoning Commission and/or City Council may initiate or approve a rezoning of an area to a PD-1 District without submission of a detailed development plan. This action establishes the land uses permitted in an area consistent with the Comprehensive Development Plan, but requires subsequent approval of specific projects through the normal PD-1 submission or approval procedures. An application for creation of such a PD-1 District shall include the following, prepared by the Director of Planning or applicant: A. A statement describing the special characteristics of the district and the reason for its creation. B. A map indicating the boundaries of the proposed district. C. A generalized area development plan for the proposed district, including: 1. A land use component, identifying proposed uses and the extent and location of each use. 2. A transportation element, identifying any relevant vehicular, pedestrian, or bicycle transportation improvements necessary to ultimate development of the area. 9 3. A utility service statement, identifying any necessary utility or infrastructure improvements necessary to the ultimate development of the area. 4. An urban design element, if applicable, describing design frameworks, building scale and relationships, siting, landscape design, and other guidelines relating to the specific physical or urban environment of the proposed district. 10 Application Requirement PD-1 Concept Plan PD-1 Application Location, size, legal description of site ◄ Existing topography at 2-foot intervals ◄ Location and description of major site features, including tree masses, drainage ways, wetlands, soils. ◄ Location of 100-Year Floodplains ◄ Generalized land use plan. ◄ Proposed types and densities of development. ◄ Generalized internal and external transportation and circulation system, including pedestrian and bicycle system. ◄ Location of driveways or access points adjacent to the project. ◄ General location and size of buildings or building footprints. ◄ Site master plan, including general envelopes of buildings, parking, open space, and other site features. ◄ Description and location of all use types included in the project, including maximum floor areas devoted to each use. ◄ Location and design of vehicular, bicycle, and pedestrian circulation systems, including relationship to external transportation system. ◄ Schematic location and development standards for open space, including conceptual landscape plan. ◄ Building design standards, including height, materials, sections, and other information required to describe the project. ◄ Location of existing and proposed utilities, sanitary sewers, storm water facilities, and water, gas, and electrical distribution systems. ◄ Proposed site development regulations, including maximum FAR or other density regulators, building and impervious coverage, setbacks, maximum heights, and other design standards specific to the project. ◄ Proposed public and private ownership boundaries, including proposed private lots and common ownership areas. ◄ Preliminary plat if applicable. ◄ Final plat if applicable. ◄ Schedule indicating proposed phasing and scheduling of development. ◄ Deed restrictions, covenants, agreements, association bylaws, and other documents controlling the use of property, type of construction, or development or activities of future residents. If required. Application checklist on a form provided by the City of Waukee ◄ 11 Table Two Review Criteria and Standards for Findings of Fact Site Development Criteria for Findings of Fact Open Space Open spaces should contribute to the quality of the overall project and should provide supporting amenities for residential development. Open spaces should contribute to the design of the project and, when appropriate, provide locations for project-related activities. Landscaping Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Project design should preserve features of environmental importance to the greatest degree possible. These features include mature trees and woodlands, wetlands, steep slopes, waterways, and bodies of water. Streetscape Projects should relate to surrounding public streets and contribute to the quality of the street environment. Building Design Architectural Quality Architectural design and building materials should be compatible with surrounding areas or reflect the specific design objectives of a new development area. Transportation Traffic Capacity Project should not reduce the existing level of traffic service on adjacent streets. Compensating improvements should be included to mitigate impact on street system operations. Street Network and Continuity Project should maintain the continuity of Waukee’s street network or should provide opportunities for local traffic flow away from major arterials. Alternative Modes Project should make appropriate accommodations for access by public transportation, bicycles, and pedestrians. 12 Table Two Review Criteria and Standards for Findings of Fact Public Facilities Criteria for Findings of Fact Utility Service Project is adequately served by public utilities and infrastructure. Storm Drainage Project should handle storm water adequately to prevent overloading of public storm water management system. Project should not inhibit development of other properties or create adverse effects on other sites. Development should not increase probability of erosion, flooding, landslides, or other run-off related effects. Project should maximize preservation and enhancement of natural drainage features on site and should facilitate storm water storage techniques consistent with the policies of the City. Public Safety Project can be adequately served with police and fire protection. Comprehensive Plan Consistency with Development Objectives Project must be consistent with the city’s comprehensive plan, including applicable special area or specific plans. Project design should be consistent with the development standards and objectives of these plans.