ARTICLE XI. A.
R-P.U.D. Residential Planned Unit Development Overlay District
SECTION 1. STATEMENT OF INTENT.
Subsection A. The term "Planned Unit Development" (PUD) means an area for which a comprehensive site plan has been prepared indicating, but not limited to the following: land uses, open space allocations, on-site circulation for both pedestrians and automobiles, parking, set-backs, housing densities, building spacings, land coverage, landscaping, relationships with adjoining areas and streets, building heights, accessory uses, architectural treatment, storm water management and sanitary sewer treatment. The general purposes of a Planned Unit Development (PUD) are as follows:
- To promote flexibility in design and permit planned diversification in the locating of structures;
- To promote an efficient use of land and to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities
- To protect and preserve to the greatest extent possible existing landscape features and amenities and environmentally sensitive areas, and to utilize such features in a harmonious fashion;
- To provide for more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures:
- To combine and coordinate architectural styles, building forms and building relationships within the PUD.
- To retain a substantially equivalent population density and area coverage permitted in the district in which the project is located.
- To create neighborhoods that combined uses such as low intensity commercial activities, single family dwellings, multiple family dwellings and recreational areas in a closer proximity and intensity.
Subsection B. It is the further intent of these regulations to protect groundwater resources to the maximum extent practical through proper management of resources and routes of contamination within the District.
SECTION 2. APPLICABILITY
Subsection A. The PUD overlay is intended to be used only in conjunction with the A-1, R-1, R-2 and R-3 residential zoning districts and the AR (ag/residential) comprehensive land use plan district, or an attendant LESA evaluation of less than 254 points indicating non-prime ag-land.
SECTION 3. MINIMUM AREA AND OWNERSHIP REQUIREMENTS
Subsection A. The R-PUD shall be reserved for development of tracts not less than five (5) acres in size under single ownership, or under joint ownership with consent of owners of all the land involved, provided that the project area be in single ownership by the time the final development plan is approved.
SECTION 4. GENERAL QUALIFICATIONS
Subsection A. The review of a R-PUD by the Planning and Zoning Commission, and it’s recommendations to the Board of Supervisors shall be guided by the following criteria:
- The uses within the PUD shall be compatible with surrounding land uses and county land use policies.
- The intensity of development shall not impose unnecessarily adverse effects on surrounding properties.
- Entrances and exits to the PUD shall be provided in such a manner to facilitate access by emergency vehicles and the efficient and safe traffic circulation in the vicinity.
- Street improvements, both public and private, shall be made in conformance with Article XII, Unincorporated Areas Subdivision Improvements Required, Platting and Subdivision Ordinance of Marshall County, Iowa, 1994, other than those requirements specifically exempted by this Article.
- Sidewalks and lighting standards shall be according to the specifications of the County Engineer and the Marshall County Zoning Ordinance, as approved by the Board of Supervisors.
- Adequate and safe location of play areas for children, as well as other recreational areas, shall be provided in the PUD.
- Landscape plans for open spaces shall be provided, and the open spaces at external boundaries of the site shall be landscaped and maintained to provide a suitable transition, and if necessary a buffer zone, to abutting property.
- Where possible, buildings shall be oriented to insure adequate light and air.
- The provisions of all other Articles of the Marshall County Zoning Ordinance shall be met unless specifically exempted by this Article.
SECTION 5. COMMON UTILITIES
Subsection A. The R-PUD shall be permitted only where common water and common sewage treatment systems are utilized.
Subsection B. All common sewage treatment systems must be designed by the applicant and approved by the Iowa Department of Natural Resources, Waste Water Division, prior to final approval by the Zoning Commission.
SECTION 6. PRINCIPLE PERMITTED USES
Subsection A. In a R-PUD only the following uses are permitted:
- Single Family, Two Family and Multiple Family Dwellings. Single family, two family and multiple family dwellings as permitted in the district in which the project is located.
- Other Uses. Other uses as permitted in the R-3 District.
- Accessory Uses. Accessory uses as permitted in the R-3 District.
- Neighborhood Retail Uses. Neighborhood retail uses may be specifically and selectively authorized as to the type and size, but only when integrated by design as an accessory element of the project. It is intended that such commercial uses serve primarily those residents within the PUD, but should not be restricted from service to customers outside the PUD development area.
- Community Facilities. Community facilities, including recreational facilities, as recommended by the Planning and Zoning Commission, and approved by the Board of Supervisors.
- Family Homes. Family homes including Elder Family Homes, provided, however that a family home shall not be located within one-fourth (1/4) of a mile from another family home.
SECTION 7. USE CONTROL
Subsection A. In a R-PUD, the zoning/building permit for commercial uses shall be issued after a reasonable number of proposed dwelling units of the entire R-PUD (the total expected development area regardless of phased R-PUDs) have been built. Said number to be recommended by the Planning and Zoning Commission, and approved by the Board of Supervisors upon final approval.
Subsection B. In a R-PUD there shall be a minimum of fifteen (15) percent of the total net area of the PUD dedicated or reserved as usable common open space land. Common open space shall be clearly designated on the plan as to character of use and development, and shall not include:
- Areas reserved for the exclusive use or benefit of an individual tenant or land owner.
- Dedicated streets, alleys and other public rights-of-way.
- Vehicular drives, parking, loading and storage areas.
Subsection C. Suitable provisions for the maintenance and upkeep of open spaces shall be provided through a Homeowners’ Association, Deed Covenants or through other similar provisions as approved by the Board of Supervisors. If the land is deeded to a Homeowners’ Association, the developer shall file a declaration of covenants and restrictions that will govern the Association, to be submitted with the final application for the PUD. An outline of the declaration shall be submitted with the preliminary application. The provisions shall include, but not be limited to:
- The Homeowners’ Association must be set up before lots are sold.
- Membership must be mandatory for each home buyer and any successive buyer.
- The open space restriction must be permanent.
- The Homeowners’ Association must be responsible for liability insurance, taxes and the maintenance of recreational and other facilities, and all public open spaces.
- All or any part of the open space system may be conveyed to the County Conservation Board by joint agreement of the developer, County Conservation Board and the County Supervisors. Such conveyance may be by dedication or easement.
SECTION 8. SIGNS
Subsection A. Signs shall be permitted under the rules and regulations for each underlying zoning district as indicated by Article XV of the Marshall County Zoning Ordinance.
SECTION 9. LAYOUT AND DESIGN REQUIREMENTS
Subsection A. The regulations, requirements and standards of the underlying zoning district in which the PUD is to be located shall apply to the layout and design of the total project. Where necessary, to insure compatibility of buildings and uses with each other and with off-site properties, the Planning and Zoning Commission may recommend, and the Board of Supervisors may specify modifications of such regulations, requirements and standards. The layout and design shall be subject to the following limitations:
- Yards. The yard requirement for the underlying zoning district in which the PUD is to be located shall apply to all exterior boundary lines of the site. A minimum of ten (10) feet shall be provided between detached structures.
- Number of Dwelling Units.
- The number of dwelling units permitted in a R-PUD (the sum of all phases of a proposed R-PUD) shall be as follows:
Underlying Zoning District
Number of Units
(Per Acre of Net Development)
R-1 Single Family Residential
R-2 Rural Residential
R-3 Multi-Family Residential
- Net development area shall be that area remaining after subtracting those portions of the site set aside for non-residential uses such as schools, public parks, and commercial uses
- Off-Street Parking. The total required off-street parking shall be governed by Article of the Marshall County Zoning Ordinance. As appropriate, parking areas shall be screened from adjacent structures and streets with hedges, plantings, fences, earth berms, changes in grade and/or other similar screening devices.
SECTION 10. OTHER CONSIDERATIONS
Subsection A. The design of a PUD shall reflect the inherent natural resource capabilities and limitations of the site. These factors would include, but not be limited to, the following: soils, slopes, floodplains, vegetation, wildlife cover and corridors, geology, hydrology (water resources) and uniform features. Cultural/historical features may be significant to certain sites. Design guidelines to be considered are as follows:
- Natural drainage shall be retained whenever possible and if necessary, improved.
- Consideration shall be given to preserving natural site amenities and minimizing impacts on sensitive environmental areas.
- Existing trees or unique vegetation shall be preserved whenever possible. The location of trees and other vegetation is to be considered in designing building location, underground services, circulation patterns and paved areas.
- If the development includes floodplain areas, they shall be preserved as permanent open space.
- Consideration shall be given to the natural topography, and major grade changes shall be avoided. If the development includes steep slopes or other soil erosive areas, protective measures shall be taken.
SECTION 11. PRELIMINARY PLANNING CONFERENCE
Subsection A. Prior to the preparation of a formal application, the developer shall meet with the County PUD Review Staff (including the Zoning Administrator, Sanitarian and County Engineer) to discuss the proposed development. The staff shall inform the applicant of the County’s policies which may affect the development and of the specific requirements and procedures involved in submitting an application for a PUD. It is advised that the conference occur prior to any extensive financial expenditure on the part of the developer.
SECTION 12. PRELIMINARY APPLICATION SUBMISSION RULES, REQUIREMENTS AND PROCEDURES
Subsection A. After the preliminary planning conference, the applicant will submit a "Planned Unit Development Application" form, twelve (12) copies of a preliminary PUD plan (map), all accompanying written submittals and an application fee based on the schedule below:
More than 20 Acres
All submissions shall be made to the Planning and Zoning Administrator of Marshall County. The preliminary PUD plan shall contain all of the following information:
- The name and address of all owners of the site proposed for development as well as the name and address of all professional site planners, architects, engineers, landscape architects, surveyors or other consultants.
- A legal description of the site proposed for development.
- One (1) large copy, and twelve (12) 17 ½" x 36" copies of an Overall Development Plan (ODP), reflecting the intended use and future street locations for adjacent areas of the proposed PUD when the proposed PUD is intended to represent a single phase of a longer range development. The ODP will contain all of the following information:
- The ODP must be for a R-PUD with a minimum area of twenty-five (25) acres.
- The ODP will clearly show the entire area proposed for the final PUD Overlay District, as well as all boundary dimensions thereof at a scale appropriate for accurate viewing.
- The ODP will show and identify all public streets or roads in and around the proposed overlay area.
- The ODP shall show a date, a north arrow and a legend for all graphical aspects.
- The ODP will represent each proposed development area of the project as distinct development types including but not limited to, single family, multiple family, commercial and open space areas. These areas should be shown as a bubble map with each development type having a distinct color.
- The ODP will show all existing and future proposed access points, both public and private, to all existing public streets or roads.
- The ODP will be labeled with the proposed development name.
- Any of the above-mentioned requirements of an ODP may be amended to reflect changes in design, preference or marketability following the normal rules to amend the zoning ordinance as found in Article XXIII.
- The location of all property lines, existing streets, easements, utilities and any other significant physical features.
- Date, north arrow and graphic scale (not less than 1"=100’) of all drawings submitted.
- Present and (if applicable) proposed zoning classifications.
- An indication of the existing conditions on the tract including contour lines (at minimum five foot intervals), water courses and existing drainage structures, wooded areas and isolated trees of ten (10) inches or more in diameter, existing streets, sidewalks or other indication of those which will be removed and those which will be retained as part of the development.
- An indication of the area surrounding the site showing land use, peculiar physical features, public facilities and existing zoning.
- An explanatory statement of the general purpose of the project, including the nature of the project, proposed land uses, building types, density ranges, conformance with land use policies and description of the open space and recreational system. The statement shall supplement the site plan with narrative information.
- A site plan of the proposed development indicating the general location of the following:
- All buildings, structures and other improvements.
- Common open space.
- Off-street parking facilities and number of spaces to be provided.
- Sidewalks where required.
- Illuminated areas.
- Use of open space being provided.
- Landscape plan with screening or buffering of the development perimeters.
- Indication as to which areas and streets are intended to be public.
- All utilities including storm drainage, sanitary sewers, water service and fire hydrants.
- Such other documents explaining other circumstances as the Planning and Zoning Commission may require.
- Quantitative data indicating the following:
- Total number of dwelling units.
- Proposed lot coverage of buildings and structures (percent of total).
- Approximate gross and net residential densities (units per acre), excluding all streets and roadways (if applicable).
- Total amount of usable open space area provided in the tract.
- Such other calculations as the Planning and Zoning Commission may require.
- Elevation of perspective drawings of all buildings and improvements sufficient to show the developer’s intent.
- A development schedule indicating (a) the approximate date when construction of the project will begin; (b) the stages in which the project will be built and the approximate date when construction of each stage will begin; (c) the approximate dates when the development of each of the stages will be completed; and (d) the area and location of the common open space that will be provided at each stage.
- If the applicant intends to sell or lease all or a portion of the PUD after the project is approved, a statement shall be presented to the Commission. If applicable, the conditions of the sale and maintenance of such developed properties shall be stipulated. An outline of any covenants, deed restrictions or other similar agreements between the applicant and future owners shall be presented.
SECTION 13. PRELIMINARY PUD PLAN APPROVAL PROCESS
Subsection A. The approval of a preliminary PUD Plan shall be by the Board of Supervisors after having held a legal public hearing, and upon recommendation of the Planning and Zoning Commission and County staff. The preliminary PUD Plan shall be submitted to the Planning and Zoning Commission for its review and recommendations. The Commission may require changes or alterations in the Plan and shall then advise the Board of Supervisors that such plans do or do not comply with the development policies of the County. Preliminary approval by the Board shall be binding as to the general intent and apportionment of the land and improvements, but shall not be construed to render inflexible the ultimate design, specific uses or final Plan of the project. Such approval shall be valid for six (6) months. In their discretion and for good cause, the Board of Supervisors may extend the preliminary approval for an additional six (6) months.
SECTION 14. FINAL APPLICATION AND DEVELOPMENT PLAN
Subsection A. Within six (6) months following approval of the preliminary development plan by the Board of Supervisors, the applicant shall submit twelve (12) copies of a final development plan and an application fee of $200. The final PUD Plan shall identify the location and extent of uses and improvements as authorized in the approved preliminary PUD Plan and complying with any stipulations of the Board. The final PUD Plan shall include the following:
- All of the materials listed in Section 12, above, for Preliminary Application Submission.
- An accurate legal description and property survey of the entire area included within the PUD.
- Designation of the location of all proposed structures, and the internal uses in sufficient detail to determine off-street parking requirements.
- Architectural elevations, pavement types, culverts, common open space, recreation facilities, sidewalks, illumination, landscaping and any other pertinent features of the PUD.
- Certificates, seals and signatures required for the dedication of land, recording of documents and such other legal documents as may be required.
- Accurate tabulations on the use of the area, including land area, number of buildings, net and gross number of dwelling units per acre, total common open space, percentage of building coverage of the total area, percentage of paved area and total number of parking spaces provided.
- All curb cuts, driving lanes, parking and loading areas, public transportation points, street signs and illuminated facilities for same.
- Any other plans or specifications that may be necessary for final engineering approval of drainage, street design and other facilities by the County Engineer or Planning and Zoning Commission, as well as all waste water treatment plans necessary for approval by the County Sanitarian.
Subsection B. Upon receipt of the final PUD Plan, the County staff and Planning and Zoning Commission shall review the submitted documents and determine whether or not the final plans substantially conform to the approved preliminary PUD Plan and the provisions of this Article. Upon review of the final PUD Plan, the Planning and Zoning Commission shall forward to the Board of Supervisors, along with the Commission recommendations, the final plan and any other necessary supporting information.
SECTION 15. BOARD ACTION ON FINAL APPLICATION AND PUD PLAN
Subsection A. If the final plan is in conformity with the approved preliminary plan, a resolution shall then be prepared for Board adoption as part of the official zoning map and identified appropriately thereon.
Subsection B. The final PUD Plan, final plat and all associated legal documents shall be filed with the County Recorder in accordance with the provisions of existing statutes and following procedures as required by said Recorder.
Subsection C. Approval of the final PUD Plan by the Board of Supervisors shall be null and void if the plat is not recorded within thirty (30) days after the date of approval.
SECTION 16. PERFORMANCE SCHEDULE
Subsection A. The developer shall comply with the provisions of Article XII, Unincorporated Areas Subdivision Improvements Required, Platting and Subdivision Ordinance of Marshall County, Iowa, 1994.
Subsection B. Written notice of abandonment, or the expiration of five (5) years from the date of final approval by the Board of Supervisors of a Planned Unit Development which has not then been completed, shall be cause for the approval to be reviewed. The Board may terminate approval after having given due consideration to the preservation of open space to that part of the project which has already been developed. Decision by the Board to terminate approval shall be made only after holding a public hearing.