The following requirements specified in this chapter shall be considered minimum for planned developments. (Ord. 18-08, 6-3-2019)

The purpose of the Planned Unit Development (PUD) District is to promote to the extent possible:

   (A)   A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this title.

   (B)   Permanent preservation of common open space and recreation areas and facilities.

   (C)   A pattern of development to preserve natural vegetation, topographic, and geologic features.

   (D)   A creative approach to the use of land and related physical facilities that results in better development, design and the construction of aesthetic amenities.

   (E)   An efficient use of the land resulting in more economic networks of utilities, streets, and other facilities.

   (F)   A land use which promotes the public health, safety, comfort, morals, and welfare.

The PUD District is intended to provide for a development incorporating a single type or a variety of related uses which are planned and developed as a unit but departs from the normal standards and requirements of other sections of this title.

The planned unit development may provide amenities not otherwise required by law and may establish facilities and open space greater than the minimums required by law. Such development may consist of conventionally subdivided lots or provide for development by a land use and zoning plan which establishes the location and extent of the features of the planned unit development in keeping with the purpose of the plan.

The foregoing purposes and principals shall not be interpreted to permit the reduction of standards set forth in this chapter. (Ord. 18-08, 6-3-2019)

The owner, owners, or bona fide buyer of any tract of land may petition the Plan Commission and zoning official for a change to the PUD Zoning District. A planned unit development shall be authorized in accordance with the following procedures:

   (A)   Application Procedure:

      1.   The application for a rezoning to the PUD Zoning District shall be accompanied by an application plan meeting the requirements of this chapter and show evidence that the proposed development will conform to the official City plan and to the purpose of the PUD District set forth in this chapter. The Plan Commission and City Council shall grant or deny said application pursuant to the provisions contained in this title. Approval of the PUD Zoning District shall constitute an expression of approval by the City Council of the application plan as a guide to the preparation of the preliminary PUD plan. The applications shall be accompanied by a filing fee in an amount equal to that prescribed by this Code.

      2.   To reduce the number of steps involved in the approval of a planned unit development, a preliminary PUD plan meeting the requirements of this chapter may be submitted in lieu of an application plan required in subsection (A)1 of this section to the zoning official, although the decision to ultimately approve or deny the application must come from the Plan Commission and the City Council.

   (B)   Approval Of The Preliminary Plan:

      1.   Supporting Data: Supporting data in accordance with the requirements for the preliminary plan stage as outlined in section 10-27-4, "Specific Content", of this chapter.

         (a)   Copies of the preliminary PUD plan and supporting data shall be submitted to the East Moline zoning official for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.

         (b)   Copies of the preliminary PUD plan shall be submitted to the Plan Commission or the zoning official who shall hold public hearing on the application for a preliminary PUD plan giving notice of the times and places as required by State law by publishing a notice thereof at least once in a publication having general circulation within the City. Following the public hearings, a recommendation of approval or denial of the preliminary PUD plan shall be made by the Plan Commission to the City Council. If needed, the City Council shall review the preliminary PUD plan and grant or deny any exceptions or variances needed.

      2.   Findings: The Plan Commission and City Council shall set forth the reasons for the recommendation, and said recommendation shall set forth how the proposal would be in the public interest, including but not limited to findings of facts on the following:

         (a)   In what respects the proposed plan is consistent with the stated purpose of the planned unit development requirements.

         (b)   The extent to which the proposed plan meets the requirements and standards of the Planned Unit Development District.

         (c)   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk and use, and the reasons why such departures are deemed to be in the public interest.

         (d)   The physical design of the proposed plan and the manner in which said design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light, air, recreation, and visual enjoyment.

         (e)   The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

         (f)   The desirability of the proposed plan to physical development, tax base, and economic well-being of the entire community.

         (g)   The conformity with the intent and spirit of the comprehensive plan.

         (h)   Specific points noted on the plan that have impact on its design, function, and visibility in the community.

      3.   Recommendations: Following receipt of the recommendation by the Plan Commission and approval by the Plan Commission, the City Council shall, within sixty (60) days, recommend approval, modification within limits of a minor change, or disapproval of the planned unit development plan. As a condition to the approval of the preliminary PUD plan, the City Council shall set forth findings of fact in accord with the standards of this section on which they base their approval and describing how the proposal meets those standards.

      4.   Conditions, Documents And Plans: All conditions, documents, and plans required by the City Council must be delineated on the plat or agreed to in writing prior to City Council approval.

      5.   Special Conditions: The City Council may require such special conditions as they may deem necessary to insure conformance with the intent of all comprehensive plan elements, the stated purpose of the Planned Development District and established City policies.

      6.   Approval Of Preliminary PUD: Approval of a preliminary planned unit development plan shall not constitute approval of the final plan. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan which will be submitted for approval of the City. The final plan shall be approved as the final land use and zoning plan if it conforms substantially with the preliminary land use and zoning plan.

The final plan may be considered as a preliminary and final plan and may be submitted for preliminary and final approval, if all of the land is to be developed at one time, and if all requirements hereof are met.

   (C)   Approval Of Final Plan: The final planned unit development plan shall be submitted to the zoning official who shall refer same to the Plan Commission and City Council. The final PUD plan shall conform to the preliminary PUD plan as approved or subject to minor changes, and may be submitted in stages with each stage reflecting the approved preliminary plan; provided, however, that such stage conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:

      1.   A final planned unit development plan and other supporting data required for approval shall be in accord with the provisions of this section. Final plans must be submitted for approval in accordance with agreed-to scheduling, but not later than five (5) years from the approval of the preliminary plan by the City Council. The City Council may grant an extension in time or the developer may resubmit an application; in the event that same is not done, the City Council shall initiate such zoning changes as it deems necessary to preserve the public interest. If construction falls more than two (2) years behind the schedule filed with the final plan, the plan becomes subject to revocation. The zoning official shall monitor all pending PUD projects and inform the City Council of those six (6) months or more behind schedule.

      2.   After review of the final plan, the Plan Commission shall submit the planned unit development plan to the City Council with a recommendation for approval, disapproval, or approval with minor modifications as reviewed at the public hearing. Any changes or modifications which arise subsequent to the public hearing shall be specifically noted and referred to the City Council who shall determine whether the change constitutes a major or minor change and whether another public hearing is required.

      3.   Following Plan Commission review, the final plan and supporting data shall be submitted to the City Council for recommendations and approval, and then City Council for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

      4.   The City Council shall, within sixty (60) days, approve, disapprove, or extend the time period for another sixty (60) days in taking action on the final plan.

      5.   All conditions, documents, and plans required by the Council must be delineated on the plan or agreed to in writing prior to Council approval.

   (D)   Recording The Final Planned Unit Development Plan: The construction of any public improvement in the planned unit development shall be initiated only after recording of the final PUD plan has been recorded with the County Recorder, and shall be issued in full conformance with this title.

   (E)   Changes In The Planned Unit Development: The planned unit development shall be developed according to the approved and recorded final plan, recorded approved plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns, and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein.

      1.   Major Changes: A change in the approved preliminary PUD plan or final PUD plan which alters the concept or intent of the planned unit development including a change in usage, the configuration, increase in floor area or the height of buildings, an increase in intensity, a reduction of proposed open space, a change in road locations or standards, a change in the final governing agreement, provisions or covenants, or other major changes, shall be approved only by submission of a new preliminary PUD plan in accordance with the procedures as previously set forth for the approval of preliminary and final PUD plans. All approved major changes in the final PUD plan shall be recorded with the County Recorder as amendments to the final PUD plan.

      2.   Minor Changes: The appropriate authority may approve minor changes in the planned unit development which do not change the concept or intent of the development, without going through the "preliminary approval" steps. Minor changes shall be any change not defined as a major change. (Ord. 18-08, 6-3-2019)

The planned unit development plans and supporting data shall include at least the following information:

   (A)   Application Stage:

      1.   General Site Information: Data regarding site conditions, and characteristics, available community facilities and utilities, existing covenants and other related information.

      2.   Sketch Plan: A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, sidewalks, lots, and other features.

   (B)   Preliminary Plan Stage:

      1.   Design Plan: A drawing of the planned unit development shall be prepared at a scale of either one inch (1") equals one hundred feet (100') or one inch (1") equals fifty feet (50'), or such other scale that may be recommended by appropriate City authority. Any change in scale between the preliminary and final plan shall be accompanied by a signed statement from the developer attesting that there have been no modifications. All plans shall show the general location of proposed streets (public and private), sidewalks, all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

         (a)   Boundary Lines: Bearing and distances.

         (b)   Easements: General location, width, and purpose.

         (c)   Public And Private Streets On And Adjacent To The Tract: Street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, distance to nearest intersection, etc.

         (d)   Existing And Proposed Utilities (Public Or Private) On And Adjacent To The Tract: Location, size and invert elevations of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights on the tract. The direction and distance to the nearest usable water mains and sewers anticipated to be utilized by the development and elevations of sewers. Drainage district boundaries and appropriate design criteria necessary for storm drainage plans.

         (e)   Existing Ground Elevations On The Tract: For land that slopes less than one-half of one (1/2 of 1) percent, show one foot (1') contours; show spot elevations at all breaks in grades along all drainage channels or swales and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half of one (1/2 of 1) percent show two foot (2') contours.

         (f)   Subsurface Conditions On The Tract, If Required By The Commission Or Council: Location and results of tests made to generally ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet (5'): The location and results of soil percolation tests if individual sewage disposal systems are proposed.

         (g)   Other Conditions Are On The Tract: Watercourses, floodplains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot (1') or more in diameter, houses, barns, accessory buildings and other significant features.

         (h)   Other Conditions On Adjacent Land: Approximate direction and gradient of ground slopes, including any embankments or retaining walls; character and general location of buildings, including a notation on the front setback, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplanted land; for adjacent platted land refer to subdivision plan by name and show approximate percent built up; typical lot size and dwelling type.

         (i)   Zoning: Zoning on and adjacent to the tract.

         (j)   Proposed Public Improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

         (k)   Open Space: All parcels of land intended to be dedicated for public use of all property owners with the purpose indicated.

         (l)   Buildings: General location, purpose, and height, in feet or stories of each building other than single-family residences on individually platted lots.

         (m)   Map Data: Name of development, north point and scale, date of preparation, acreage of site and name and address of developer, designer, and engineer.

         (n)   Miscellaneous: Such additional information as may be required by the appropriate authority or found in chapter 31, "Subdivision Regulations", of this title.

      2.   Character: Explanation of the character of the planned unit development and the reasons why it has been planned to take advantage of the flexibility of these regulations.

      3.   Ownership: Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in Offices of the County Recorder.

      4.   Schedule: Development schedule indicating:

         (a)   Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage shall be shown on the plan and through supporting graphic material.

         (b)   Completion date or dates of new construction for above and below ground facilities, utilities, and buffer planting.

         (c)   If different land use types are to be included within the planned unit development, the schedule must normally include the mix of uses to be built in each stage.

      5.   Covenants: Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space.

      6.   Density: Provide information on the density of residential uses and the number of dwelling units by type.

      7.   Use: Provide a list of uses planned for the ancillary and nonresidential uses.

      8.   Service Facilities: Provide information on all service facilities and off-street parking facilities.

      9.   Architectural Plans: Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size, and type of dwelling units.

      10.   Facilities Plans (Public And/Or Private): Preliminary plans for:

         (a)   Roads and sidewalks, including classification, width of right-of-way, width of pavement, typical construction details, and plan and profile drawings.

         (b)   Sanitary sewers.

         (c)   Storm drainage and erosion.

         (d)   Water supply system, if required by the appropriate authority.

         (e)   Lighting program, if required by the appropriate authority.

         (f)   Grading.

   (C)   Final Plan Stage:

      1.   Final Detailed Plan: A final land use and zoning plan shall be prepared. The purpose of the land use and zoning plan is to designate the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The final land use and zoning plan shall include, but not be limited to:

         (a)   An accurate legal metes and bounds description of the entire area under immediate development within the planned development.

         (b)   A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision final plat. The plat shall be reviewed by all affected utility companies or agencies, and any comments from these companies or agencies shall be submitted as well.

         (c)   An accurate legal metes and bounds description of each separate unsubdivided use area, including common open space.

         (d)   Designation of the exact location of all buildings to be constructed in unsubdivided areas.

         (e)   Tabulations on separate subdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre.

         (f)   Architectural plans unless waived by the appropriate authority during the preliminary stage.

      2.   Common Open Space Documents: All common open space shall be either conveyed to a Municipal or public corporation, conveyed to nonprofit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or retained by the developer with legally binding guarantees, in a form approved by the City Attorney, that the common open space will be permanently preserved and maintained as open area. All land conveyed to a nonprofit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

      3.   Engineering Data: All public utilities or improvements required by the City in the development of a planned unit development shall be constructed only after the approval of the final plan. Supporting data to be submitted with the final plans shall include final engineering drawings (construction plans), as required by the appropriate authority.

      4.   Guarantee Deposit: Prior to the acceptance by the appropriate authority of public utilities and improvements, the contractor(s) for the owner of the land shall furnish to the City a good and sufficient bond with surety to secure to the City the actual construction and installation of such public utilities or improvements according to the City specifications within two (2) years from the date of approval by the appropriate authority of the final plan or a petition to the appropriate authority to provide the required public facilities or improvements and to assess the cost thereof against the subdivided property in accordance with the local requirements regarding special assessments; provided, however, that the subdivider or property owners shall be responsible for any differences between the cost of the public utilities or improvements and the amount that can be legally assessed by the City against the subdivided property, and shall furnish the necessary waivers to permit the assessment of the entire costs of the public utilities or improvements. A maintenance bond shall be provided for the repairs necessitated by defects in material or workmanship not to exceed four (4) years from the date of completion as certified by the appropriate authority.

      5.   Land Dedication: Certificates, seals, and signatures required for the dedication of lands and recording document, as set forth in the subdivision regulations.

      6.   Covenants: Final agreements, provisions, or covenants which will provide for the use, maintenance, and continued protection of the planned unit development, if applicable. (Ord. 18-08, 6-3-2019)

   (A)   In the case of a project consisting of a group of two (2) or more buildings to be constructed on a plot of ground not subdivided into the customary streets and lots and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this title to the individual building units in such project, the applying of such requirements to such project shall be done in a manner that will ensure substantially the same character of occupancy, maximum intensity of use, and minimum standards of open spaces as permitted by this title in the district in which the proposed project is to be located.

   (B)   In no case shall the development have a building height prohibited in the district in which the project is to be located, or a smaller lot area per family than the minimum required under this title in such district. Nor shall the building coverage exceed that which would be obtained were the same area to be developed by the customary subdivision thereof into streets and lots in conformance with the adopted subdivision regulations, and by the type of buildings customary in the district and in compliance with the requirements of this title. The City shall not authorize the erection of a project on a parcel of ground occupied by another principal structure. (Ord. 18-08, 6-3-2019)

   (A)   A residence development project consisting of any number of buildings, the contemplated arrangement of which makes it impossible to apply the requirements of this title to the individual buildings, may be authorized in districts in which such projects are permitted under this title:

      1.   Where the tract of land on which the project is to be erected meets the minimum size requirements as specified in subsection (B) of this section.

      2.   Where the buildings are to be used only for residential purposes and the customary accessory uses, such as private garages, storage spaces, recreational and community activities.

      3.   Where the average lot area per family or dwelling unit on the site, exclusive of the area occupied by drives or streets, will not be less than ninety percent (90%) of the lot area per family required in the district in which the project is to be located.

      4.   Where there is to be provided within the tract, or immediately adjacent thereto, parking spaces in private garages or off-street parking areas as specified in chapter 24 of this title.

      5.   Where there are to be provided, as a part of the project, adequate recreation areas to serve the needs of the anticipated population to be housed therein.

      6.   Where drives, accessways and parking areas are developed to standard equal to that required for public use.

      7.   Where such drives and accessways are protected by recorded deed covenants assuring their availability to all residents of the project.

      8.   Where the proposed project will constitute a residential environment of a sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and ensure substantially the same type of occupancy as obtains or may be expected to obtain in said neighborhood; that it will result in intensity of land utilization no higher, and standards of open spaces at least as high as permitted or specified in this title in the district in which the project is to be located.

      9.   Where the project will be consistent with the intent and purposes of this title to promote public health, safety and general welfare.

   (B)   Height, yards and lot coverage shall be regulated by the following schedule and in no case shall the Plan Commission or City Council authorize standards less than:

 

(Ord. 18-08, 6-3-2019)

   (A)   Minimum Area: The owner of a tract of land located in any district at or near where a proposed shopping center is shown on the adopted Land Use Plan shall submit for review a preliminary plan for the use and development thereof for an integrated shopping center, provided that said tract of land shall meet the following minimum area requirements:

      1.   Neighborhood shopping center: Not less than two (2) acres;

      2.   Subcommunity or community shopping center: Not less than ten (10) acres.

   (B)   Shopping Centers Defined: For the purposes of this section shopping centers shall be defined as follows:

   COMMUNITY CENTER: Shall mean an area within which various facilities and services, such as filling stations, restaurants, banks, fire or police stations, clubs, etc., may be established.

   NEIGHBORHOOD SHOPPING CENTER: Shall mean a shopping center the principal establishment of which is customarily a supermarket type food store.

   SUBCOMMUNITY SHOPPING CENTER: Shall mean a shopping center the principal establishment of which is customarily a variety store.

   (C)   Compliance: The location, size and other characteristics of the site and the proposed plan comply with the following conditions:

      1.   Need Must Be Demonstrated: That need for the proposed center at the proposed location, to provide adequate shopping facilities to the surrounding neighborhood, subcommunity or community or part thereof, as the case may be, has been demonstrated by the applicant by means of market studies and such other evidence.

      2.   Adequacy, Site: That the proposed shopping center is adequate, but not excessive, in size to provide adequate shopping or service facilities for the population which reasonably may be expected to be served by the proposed center.

      3.   Traffic Congestion; Not To Be Created: That the proposed shopping center is at a location where traffic congestion does not exist at present on the streets to be utilized for access to the proposed center, and where such congestion will not likely be created by the proposed center; or where such existing or possible future congestion will be obviated by presently projected improvement of access thoroughfares or by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking.

      4.   Thoroughfare Access Required: That any neighborhood shopping center will abut and front a street designated on the official Transportation Plan as an expressway or arterial thoroughfare; and any subcommunity or community shopping center shall abut and front on a street designated on said plan as an expressway or arterial thoroughfare.

      5.   Integrated Design: That the plan provides for a shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping. The project shall be arranged in an attractive and efficient manner, convenient, pleasant and safe to use, and fitting harmoniously into, and having no adverse effects upon the adjoining or surrounding properties.

   (D)   Uses: The uses permitted in an integrated shopping center shall be appropriate to the specific functions thereof. In the case of all shopping centers, the allowable uses shall be those permitted in the B-1 District; provided, however, that no residential, heavy commercial or industrial uses shall be permitted in any shopping center, and only those uses shall be authorized which are necessary or desirable to supply the surrounding neighborhood, subcommunity or community with goods or services. All uses authorized in this manner shall be in harmony with the design of the center and the environs thereof.

   (E)   Standards Applicable: The following regulations shall apply to an integrated shopping center:

      1.   Building Height: No building shall exceed two and one-half (21/2) stories or thirty five feet (35') in height.

      2.   Yards: No building shall be less than fifty feet (50') distant from any boundary of the tract or site on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any R District, and except for necessary entrances and exits from all properties located in any R District across the street and within one hundred feet (100') from such center.

      3.   Tract Coverage: The ground area occupied by all the buildings shall not exceed in the aggregate twenty five percent (25%) of the total area of the tract or site.

      4.   Customer Parking Space: Notwithstanding any other requirements of this title, there shall be provided at least two (2) square feet of off-street parking area, including driveways, for every square foot of total floor space, not including storage space, in an integrated neighborhood shopping center; and three (3) square feet of off-street parking area for every square foot of total floor space, not including storage space, in a subcommunity or community shopping center.

      5.   Loading Space: Notwithstanding any other requirements of this title, there shall be provided one off-street loading space for each five thousand (5,000) square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third (1/3) of the space required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor- trailer type.

      6.   Illumination Of Accessways And Parking Areas: Accessway and parking areas shall be adequately lighted by shielding media lighting fixtures which shall be so installed as to reflect light away from adjoining properties.

      7.   Signs: Subject to the provisions of State Statutes and in conformity with the provisions outlined by this Code, all signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, with the view to preventing excessive advertising and promoting a harmonious appearance of the center as a whole. (Ord. 18-08, 6-3-2019)

Prior to the granting of any planned unit development, the appropriate authority may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area and to secure compliance with the standards specified in this title. In all cases in which planned unit developments are granted, the appropriate authority shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 18-08, 6-3-2019)