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Muscatine City Zoning Code

CHAPTER 10

10 R-L LARGE SCALE RESIDENTIAL DEVELOPMENT DISTRICT

10-10-1 Purpose

The R-L District is intended to provide the developer of land in the City of Muscatine the opportunity to creatively, economically, and aesthetically develop the property based upon a comprehensive plan for its development. It is the purpose of this Chapter to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economic provision of streets and utilities; and to preserve the natural and scenic qualities of open areas.

10-10-2 Location

  1. The R-L District may be applied anywhere in the City, provided that the objectives and provisions of this Chapter are satisfied and that the planned development is consistent with the spirit and intent of the City's Comprehensive Plan.
  2. Any planned development in which apartments, condominiums, or townhouses are proposed, or in which a mixture of apartment, condominium, townhouse, single and/or two-family housing types are proposed, and for which development of at least five acres is proposed, shall conform to the requirements set forth herein.

10-10-3 Intensity Of Land Use

  1. The following chart shall be used to determine the residential density range to be permitted within the R-L District:

    Type of Development
    Maximum Density Per Acre
    Garden apartments (2-3 stories)
    15 units or 38 bedrooms
    Mid-rise apartments (4-6 stories)
    28 units or 57 bedrooms
    High-rise apartments (above 6 stories)
    60 units or 130 bedrooms
    Townhouse10 units or 25 bedrooms
  2. Where a proposed R-L development is a combination of different residential types, the Planning and Zoning Commission shall evaluate the planned development's density range based upon the relative proportion of residential types proposed. If single or two-family houses are proposed, each house must have a minimum lot area of 7,000 square feet; this may consist of direct ownership and/or common interest in real estate within the development.

10-10-4 Permissive Uses

  1. Single-family, two-family, townhouse and multiple-family residential.
  2. Park or playground.
  3. Customary accessory or associated uses, such as private garages, storage spaces, recreational, and community facilities.
  4. Additional uses shall be allowed only to the extent that the Planning and Zoning Commission find them to be:
    1. Designed to serve primarily the residents of the R-L District.
    2. Compatibly and harmoniously incorporated into the unitary design of the development.
    3. Compatibly and harmoniously related to adjacent neighborhood uses. Such additional uses may include:
      1. Place of worship.
      2. Public or private school.
      3. Institution.
      4. Public or semi-public facility.
      5. Golf course, tennis courts, swimming pool, or other sports facilities.
      6. Nursery, rest, or convalescent home.
      7. Day care center.

10-10-5 Height And Setback Requirements

  1. Maximum Structure Height: None.
  2. Minimum Front Yard Depth: None.
  3. Minimum Side Yard Depth: None.
  4. Minimum Rear Year Depth: None.

10-10-6 Open Space

A minimum of 25% of the R-L site area shall be developed as open space, including walkways, plazas, landscaped areas, pools, fountains, and playgrounds. Parking areas and vehicle access facilities shall not be considered in calculating open spaces.

10-10-7 Conditions

  1. The Planning and Zoning Commission may recommend and the City Council may impose conditions regarding the layout, circulation, performance, preservation, care, and maintenance of the proposed development and may require that appropriate deed restrictions be filed.
  2. Upon recommendation of the Planning and Zoning Commission, the City Council may require the developer to file a bond or security to secure the City for the actual construction and installation to specifications determined by or in accordance with the regulation of the City Council.
    1. Street Improvements. Streets shall be filled or excavated to the grade approved by the City and set by the City Engineer. All streets shall be graded the full platted width and pavement shall be constructed of seven inches Portland cement concrete pavement, unless otherwise concurred with by the City Engineer and approved by the Planning and Zoning Commission and City Council.
    2. Sewers.
      1. The developers shall make adequate provision for disposal of sanitary sewage from the proposed development. The developers shall, at their expense, construct a sanitary sewer system, including all necessary pumping stations, manholes, and other necessary appurtenances to provide for the discharge of sanitary sewage from all lots or parcels of land within the proposed development with an existing City sanitary sewer; such sewage system to be designed and constructed in accordance with the standards and specifications of the City. Design and construction of the sewage system and sewer grades must be approved by, and shall be under the supervision and inspection of the City Engineer. The developers may be required to pay a reasonable charge for such engineering, inspection service and hookup fees.
      2. Storm Sewers. Storm drainage structures shall be constructed where needed as determined by the City Engineer. Minimum size of all storm sewer shall be twelve-inch Class III reinforced concrete pipe.
      3. When it is impracticable to connect such sewage system with an existing City sewer and it is necessary to dispose of such sanitary sewage by a septic system, such system and the installation thereof shall meet the standards and specifications set by the Department of Public Health, State of Iowa.
    3. Water and Gas Service. The developer shall install, or cause to be installed, all necessary water mains, fire hydrants, and gas mains as approved by local utilities and the City.
    4. Electric Service. The developer shall install, or cause to be installed, all necessary electric transmission lines.
    5. Sidewalks. Sidewalks shall be installed, or cause to be installed, by the developer according to specifications prescribed by the City and located and set at the grade established by the Engineer.

10-10-8 Filing Procedures

The procedure for obtaining a change of zoning district to R-L shall be as follows:

  1. A petition for a zoning change to R-L shall be submitted to the Community Development Department. Such petition shall comply with all applicable provisions of the Zoning Ordinance and rules of procedure of the Planning and Zoning Commission.
  2. The applicant shall accompany the request for a zoning change with four (4) copies of an outline development plan. The outline development plan shall include both maps and written statement, and must show enough of the area surrounding the proposed planned development to demonstrate the relationship of the development to adjoining uses, both existing and proposed.
  3. The outline development plan must contain the following information:
    1. Maps and Diagrams. Maps and diagrams may be in general schematic form but must include:
      1. The title by which the development is to be known and recorded.
      2. The existing topographic character of the site and adjacent land.
      3. Existing and proposed land uses and the approximate locations of buildings and other structures and their exterior facades.
      4. The character and approximate density of dwellings.
      5. The approximate locations, width, and dimensions of all existing and proposed streets, alleys, walkways, and thoroughfares.
      6. The locations and approximate dimensions of all areas to be reserved for future use as school sites, parks, playgrounds, or similar features.
      7. The locations, approximate dimensions, and character of all areas, sites, grounds, streets, or similar features which are to be dedicated for public use.
      8. Landscaping and tree planting plan.
      9. The location and approximate dimensions of parking lots and areas.
      10. The locations and size of existing storm and/or sanitary sewers, water mains, or field drains within or readily accessible to the tract.
      11. The location and character of all existing easements.
      12. The bearing and distance from monumented block or lot corner within the tract to some corner of a congressional district division within the City.
      13. A plat giving the names, as shown on the last deed of record, of all property owners within 200feet of the perimeter of the tract.
      14. A legal description of the tract.
      15. The name and seal of the registered engineer or surveyor who prepared the documents.
    2. Written Statement. The written statement must contain the following information:
      1. A statement of the character of the planned development, to include:
        1. Its relationship to the Comprehensive Plan of the City of Muscatine.
        2. Its relationship to adjoining uses, both existing and proposed.
        3. Its relationship to topographic features of the site and adjacent land.
        4. Limiting conditions such as soils, excessive grade or slope, unstable ground, high water table, etc.
      2. A general indication of the expected schedule of development.
      3. A statement of the present ownership of all land included within the planned development.
      4. A list of the current addresses of all property owners within 200 feet of the perimeter of the tract.

10-10-9 Approval Of Outline Development Plan

  1. Within 90 days after the filing of the outline development plan, the Planning and Zoning Commission shall forward the outline development plan to the City Council with a written report recommending that the plan be approved, approved with modifications, or disapproved and giving the reasons for these recommendations.
    1. Recommendations from City staff and general concurrence of utility companies are required in conjunction with the Planning and Zoning Commission review.
    2. The Planning and Zoning Commission shall hold a public meeting prior to making a recommendation on the proposal. The public meeting shall be held in accordance with State and Municipal codes and Planning and Zoning Commission rules of procedure.
  2. The Planning and Zoning Commission shall consider the following factors in making its recommendation to the City Council:
    1. That the proposal substantially conforms to the Comprehensive Plan for the City.
    2. That the existing character of the neighborhood will not be adversely affected, and that adequate safeguards are provided to minimize possible detrimental effects on adjacent properties and the neighborhood.
    3. That there is ample provision for water supply, sanitary sewage disposal, storm and surface water drainage, and other utilities.
    4. That soil conditions, natural characteristics, topography, and geography do not present a substantial hazard to development.
    5. That there is adequate availability to police and fire protection, parks and recreational facilities, schools, and other community facilities and public services.
    6. That the location, height, and bulk of buildings and structures on the site are in proportion to each other and relate well to other structures and visual perspective in the vicinity.
    7. That patterns of pedestrian circulation and the effective use and design of open spaces, landscaping, exterior facade, and amenities are considered.
    8. That vehicular access is adequate to and within the site, that parking and loading spaces are adequate and well located, and that there are no conflicts between vehicular traffic and other uses and activities proposed.
    9. That the proposed installation of driveways, landscaping, and other site details are generally in harmony with the proposed structures, adjacent properties, and with the rights and interest of the general public.
  3. After receiving the Planning and Zoning Commission's recommendations, the City Council shall hold a public hearing as provided by the Code of Iowa. Subsequent to holding said public hearing, the City Council shall approve, approve with modifications, or disapprove the outline development plan.
    1. If the outline development plan is approved, the City Council shall amend the Zoning Map to show the R-L District.
    2. If the outline development plan is approved with modifications, the City Council shall not amend the Zoning Map until the applicant has filed with the City Council written consent to the plan as modified.
    3. No building permits may be issued on land within the R-L District until the final development plan has been approved under the procedures provided in the following sections.

10-10-10 Preliminary Development Plan

  1. Within six months after an outline development plan has been approved, an applicant shall file a preliminary development plan with the Community Development Department. Upon the filing of a preliminary development plan, the Community Development Director shall immediately refer one copy of such plan to the City Engineer and one copy to the Building and Zoning Administrator. This preliminary plan shall then be presented at the next regular Planning and Zoning Commission meeting.
  2. The Planning and Zoning Commission may authorize the submission of preliminary development plans in stages, if so requested by the applicant.
  3. If a preliminary development plan covering at least 20% of the area of the outline development plan has not been submitted within six months following the approval of the outline development plan, the City Council may withdraw its approval of the outline development plan. In its discretion and for good cause, the City Council may extend for three months the period for filing the preliminary development plan.
  4. The preliminary development plan shall include all of the following information:
    1. The location, width, and dimensions of all existing and proposed thoroughfares, streets, alleys, sidewalks, and walkways.
    2. All plot lines and plot designs (if applicable).
    3. Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public or semi-public uses.
    4. The location and dimensions of each building site, common open area, improvement, and indication of open spaces around buildings and structures.
    5. Elevation and perspective drawings of proposed structures and improvements, except single-family residences and single-family residence accessory buildings. These drawings need not be of final architectural decisions and need not be in detail.
    6. A development schedule indicating approximate dates for start and completion of the project, if such schedule varies considerably from the schedule submitted with the outline development plan.
    7. All agreements, provisions, or covenants which will govern the use, maintenance, protection, performance, and/or design of the development and any of its common open areas.
    8. Off-street parking plan.
    9. A circulation diagram indicating proposed movement of vehicles and pedestrians within the development and to and from existing features and location and type of traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern.
    10. A landscaping and tree planting plan.
    11. The location and size of all existing storm or sanitary sewers, water mains, or field drains within or readily accessible to the development.
    12. The location and character of all existing easements and those proposed to be provided by the owner.
    13. The location of all proposed sewers.
    14. The location of all proposed water and gas mains.
    15. Grading plan, to include the location of waterways on the site or on adjacent land, and drainage plan with sufficient control grades to indicate the intent of the developer.
    16. The scale used on the drawings.
    17. Any other plans, diagrams, or information, as requested by the Planning and Zoning Commission or the City Council.
  5. The preliminary development shall be prepared by and have the seal of an architect or engineer duly registered to practice in the State of Iowa.
  6. Approval of Preliminary Development Plan. Recognizing that some developments may proceed in stages and only in conjunction with outside phased financing approval, utility installation and related indirect action, the developer and City may jointly decide on the following approval process:
    1. The Planning and Zoning Commission shall review the preliminary development plan to determine if it is in substantial compliance with the outline development plan and recognized principles of civic design, land use, and landscape architecture. A recommendation of the City staff is required prior to Planning and Zoning Commission review. The Commission may then recommend to the City Council, within 45 days after the filing of the preliminary development plan, that the plan be approved, approved with modifications, or disapproved.
    2. After receiving the preliminary development plan, the Commission may mutually agree with the developer to concurrently review the preliminary and final development plan as a single process. If this option is selected, then the Commission shall forward a recommendation to City Council on the final development plan.
    3. If the City Council disapproves a preliminary or final development plan, the applicant shall re-file within 45 days of disapproval, or the City Council may withdraw its approval of the outline development plan.

10-10-11 Final Development Plan

  1. Within six months following the approval of the preliminary development plan, the applicant shall file copies of a final development plan. The Community Development Director shall refer one copy of the plan and accompanying papers to the Building and Zoning Administrator and one copy to the City Engineer for review prior to the next Commission meeting.
  2. In its discretion and for good cause, the Planning and Zoning Commission may extend for six months the period for the filing of the final development plan, upon request of the applicant.
  3. The Planning and Zoning Commission shall review the final development plan and shall recommend to the City Council within 45 days after the filing of the final development plan, that the plan be approved if that plan is in substantial compliance with the approved preliminary development plan. If the preliminary development plan had been approved by the City Council with modifications, the final development plan shall include those modifications.
  4. If the City Council disapproves a final development plan, the applicant shall file with the Community Development Department a revised final development plan within 45 days of the date of disapproval, or the City Council may withdraw its approval of the outline development plan.
  5. The final development plan shall include all those items required by the preliminary development plan and, in addition, the following information:
    1. The proposed names of all streets, public ways, and places dedicated for public use; and the location, width, dimensions, and specifications of all streets, alleys, sidewalks, and walkways.
    2. The type and location of all permanent monuments at block and lot corners and elsewhere within the development.
    3. All radii, arcs, chords, points of tangency, and central angles for curved streets and the radii of all rounded curves.
    4. The location, size, grade, and specifications of all proposed sewers, pumping stations, manholes, and other necessary appurtenances.
    5. The location, size, grade, and specifications of all proposed water and gas mains; and the location, size, and specifications of all fire hydrants.
    6. The location and character of all proposed electric transmission lines.
    7. The certification of the engineer or architect preparing the documents with his or her license number and seal and the date of preparation.
    8. Certificate of approval for construction of water, electric, and gas service from the respective utility companies accompanied by a plat showing any easements required.
    9. Three sets of improvement plans and profile. All plans and drawings are to be submitted on twenty-four inch 24" x 36" plan and profile paper. Note: Any plans or profiles for recording in the Office of the County Recorder shall be 11" x 17".
    10. Three copies of all easement agreements for utility or other purposes.
    11. Three copies of a proposed resolution to be adopted by the City Council accepting lands to be dedicated for public use.
    12. Three copies of any agreement to be entered into between the applicant and the City of Muscatine providing for the grading of streets and installation of sewer system and other utilities or other improvements as may be required.
    13. Three (3) copies of any deed restrictions or covenants required by the City Council under Section 10-10-7(A) of this Ordinance, or any other conditions imposed by the City Council under Section 10-10-7 of this Ordinance.
    14. Three copies of a proposed resolution to be adopted by the City Council approving and accepting the final development plan.

10-10-12 Building Permits

Upon approval of the final development plan, the Building Official shall issue building permits in accordance with all applicable State and local codes, regulations, and ordinances for buildings and structures in the area covered by the approved final development plan.

10-10-13 Failure To Begin Planned Development

  1. If no construction has begun or no use established in the planned development within one year from the approval of the final development plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the Planning and Zoning Commission may extend for six additional months the period for the beginning of the construction or the establishment of a use.
  2. If a final development plan lapses under the provisions of this Section, the Community Development Director shall remove the planned development from the Zoning Map and shall file a notice of revocation of the recorded final development plan. The zoning regulations applicable before the final development was approved shall then be revised and in effect.

10-10-14 Changes In Final Development Plan

No changes shall be made in the approved final development plan during the construction of the planned development, except under authorization by the Planning and Zoning Commission. No amendments shall be made in the approved final development plan, unless they are shown to be required by change in conditions that have occurred since the final development plan was approved or by changes in the development policy of the community.

10-10-15 Enforcement

  1. At least once every six months following the approval of the final development plan, the Community Development Director shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units.
  2. If the Community Development Director finds that the final development plan has not been followed, he or she shall forward this information to the Planning and Zoning Commission, which may recommend to the City Council revocation of approval of the final development plan.