Rezoning or Amendment to a Planned Unit Development Master Plan
(Filing Requirements, Review Procedure)
All changes in zoning, including amendments to PUD Master Plans, must be approved by the City Council after review and recommendation by the Planning and Zoning Commission. Public hearings are required by both the Commission and City Council. Requests must be filed with the Department of Community Development for staff review, notification, meeting scheduling, and recommendation.
FILING REQUIREMENTS:
Anyone asking for a zoning change is strongly encouraged to schedule a preapplication conference with the Department of Community Development, to discuss potential issues, filing requirements, and procedures. The Department will invite other City departments to attend the preapplication conference as appropriate to the situation.
Applications for a zoning change must be submitted to the Department of Community Development, and must include the following:
1. A signed original and one copy of a Letter of Petition addressed to the Mayor and City Council, outlining the requested change in zoning , and for an amendment to the Comprehensive Plan if applicable. A legal description must be provided for the subject property. The owner(s) of the subject property must sign the petition, or submit a separate letter of consent. It is not necessary to obtain signatures in support of the request from surrounding property owners.
2. A PDF and two hard copies of maps illustrating the area in question and the area within a 200-foot radius (do not include the width of any rights-of-way in this measurement) from the property boundary, and including the following information:
a. Existing zoning, legal descriptions, property dimensions, and the names of all property owners within the 200-foot radius
b. The existing land use for each parcel within the radius.
c. Clear delineation of the property to be rezoned, by outlining the boundary or shading the property The drawings should be at a scale of 1" = 100' or larger unless the rezoning encompasses an area greater than 20 acres, in which case the scale can be reduced to 1" = 200'. Drawings should be folded to an approximate size of 8-1/2" x 14".
3. A list of the names and mailing addresses of all property owners within 200 feet of the property to be rezoned. The list must not be more than 30 days old and an abstractor must certify the list of the property owners and their mailing addresses--print-outs from County records are not sufficient. When computing the 200-foot notification area, rights-of-way must be excluded. The area within a 200-foot radius of the property corners must be included, and if the 200 feet includes territory within another jurisdiction those properties' owners mailing addresses must be included.
4. A check payable to the City of Urbandale for the fee (see fee schedule).
5. For rezoning to Planned Unit Development or an amendment to an existing P.U.D. a Master Plan must be submitted in accordance with the requirements of the "P.U.D." District, containing all of the information specified by the Zoning Ordinance. If a conditional zoning is being requested, the signed Conditions of Rezoning should accompany the petition.
6. Additional information or filings, such as a traffic study, also may be required.
The Department of Community Development will schedule the required public hearings, publish the required notices, and mail notices to property owners in and within 200 feet of the rezoning or amendment. That process cannot start until all of the above has been submitted to the Department of Community Development and determined to be satisfactory.
REVIEW PROCEDURE:
The Department of Community Development checks the Petition and accompanying material for accuracy and completeness, and transmits a copies as appropriate to the City Engineer and City Attorney for their review and comment. When comments have been returned by City Engineer and City Attorney and any deficiencies or problems have been resolved, the Department will schedule a public hearing before the Planning and Zoning Commission and provide the required notification of the hearing. The notice will be published as required by the Code of Iowa and mailed to property owners within the 200-foot notification zone. The Public Hearing must be held not less than seven (7) days nor more than twenty (20) days after the notice is published, at a regularly scheduled meeting.
The Planning and Zoning Commission will hold its public hearing and the Department of Community Development will present a staff report and recommendation on the request. The Commission will vote on the request and the Department will then schedule a public hearing before the City Council on the request. The Department publishes and mails the notice for public hearing to property owners in the same manner as for the Planning and Zoning Commission, and reports the Commission's recommendation to the City Council at its public hearing.
