1.   General Description and Purposes of District. This overlay planned development district (PDD) district has been established 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 Zoning Code or the Subdivision Development Regulations, while preserving the primary purposes and intent of this Zoning Code;

   B.   The 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, such as, but not limited to, cluster developments;

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

   G.   A substitute procedure for the review of subdivisions and zoning-related issues, (i.e., variances, special exceptions, etc.);

   H.   Developments which incorporate a single type or a variety of related uses which are planned and developed as a unit, but which depart from the specified standards and requirements of other sections of this Zoning Code or the Subdivision Development Regulations; and,

   I.   The provision of amenities, facilities, and open spaces not otherwise required by law.

The foregoing purposes and principles will not be interpreted to permit the further reduction of standards and minimum requirements set forth in this section.

2.   Procedures For the Submittal, Review, and Consideration of Planned Development District (PDD) Proposals. The procedures used in the submittal, review, and consideration of PDD proposals will be as follows:

   A.   Planning Consultation, Sketch Plan Discussion, and Preliminary Review Requirements.

      (1)   Planning Consultation. In order to make the most of the opportunities related to the PDD process and to conserve time, effort, and expense, the developer should consult with the Council, the Planning and Zoning Commission, the City Administrator, and other public officials prior to the preparation of the tentative plan of the PDD. The City’s comprehensive plans should be reviewed to determine how the proposed PDD will fit into those plans. Requirements of the master street development plan; school and recreational sites; shopping centers, community facilities; sanitation; water supply, drainage, and erosion; and relationship to other developments, existing and proposed in the vicinity, should be determined in advance of the preparation of the PDD plan. Consultation should also be held with those familiar with the economic factors affecting the PDD. A thorough estimate of the situation will result in sound decisions with respect to the form, character, and extent of the proposed PDD. Land, which the City finds to be unsuitable for designation as a PDD due to flooding or poor drainage characteristics, or topographic features likely to be harmful to the safety, welfare, and general health of future residents, will not be so designated until the objectionable features have been eliminated, or until adequate safeguards against such hazards are provided. In applicable cases, plans will be reviewed by the Iowa Department of Natural Resources (IDNR) and their findings and recommendations incorporated in the approval of such plans.

      (2)   Sketch Plan Discussion and Preliminary Review Requirements. Prior to the filing of a formal application for a PDD zoning amendment it shall be required that the developer submit to the Building and Zoning Enforcement Officer certain materials relating to the proposed PDD. These materials will include information relative to the site, conditions of the site, existing community facilities, and utilities on and adjacent to the site, number and size of lots proposed, existing and proposed structures, etc. These materials will include as a minimum:

         a.   Location Plan. This is a plan showing the location and relationship of the proposed PDD to the City in general, streets, and other community facilities serving it. This plan will include, as a minimum, the following:

            (i)   PDD name in bold letters, centered at the top of the plan

            (ii)   Bold, heavy outline of area to be included in PDD.

            (iii)   Existing streets and City utilities on/or adjoining the property to be included in the PDD.

            (iv)   North point, graphic bar scale, and date.

            (v)   Outline of the Overlay Floodplain District area as described in Section 170.27 of this Zoning Code, if the proposed PDD lies within said district.

         b.   Sketch Plan(s). This is a plan or a set of plans showing the proposed layout of streets, lots, structures, (including architectural renderings, etc.), and other features of the specific site proposed for the PDD in relation to existing conditions, features, and structures, as well as existing topographic data.

The PDD sketch plan discussion and preliminary review process does not require formal applications, fees, or filings. The Building and Zoning Enforcement Officer will submit the required, submitted, materials to the Planning and Zoning Commission at their next regularly scheduled meeting. (See Section 170.35) The Planning and Zoning Commission will, within 30 days from the date of the meeting at which the materials are reviewed, make known its comments regarding the proposed PDD to the developer and the Building and Zoning Enforcement Officer.

   B.   Preliminary PDD Plan and Rezoning Application Preparation and Filing Requirements. An application for the preliminary consideration of a request for a rezoning to the PDD Zoning District, (See Appendix), will be accompanied by a filing fee specified by resolution of the Council, a preliminary PDD plan and related documents meeting the requirements of Sections 170.14(9) of the Subdivision Development Regulations, the information, (as revised, if necessary), contained in Sections 170.28 – 170.28(2)(A) and above, and any other information deemed necessary by the Building and Zoning Enforcement Officer to insure that the proposed PDD zoning district amendment will conform to the City’s Comprehensive Plan and to the purposes of a PDD Zoning District as set forth in Section 170.28 above.

      (1)   Additional Filing Information Required. In addition to the filing information requirements specified above, the following information will be supplied by the developer at the time of filing:

         a.   Character. A written narrative, explaining the character of the PDD and the reasons why it has been planned to take advantage of the flexibility of these regulations.

         b.   Ownership. A statement of present and proposed ownership of all land within the project, including present tract designation.

         c.   Schedule. Development schedule indicating:

            (i)   Stages in which the project will be built, with emphasis on public areas and facilities to be developed with each stage, will be shown on the plan and through supporting graphic material.

            (ii)   Completion date or dates of new construction for above- and below-ground facilities, utilities, and buffer zones or screening. (See also 170.28(2)(D) below)

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

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

         e.   Use. Provide a list of uses planned for the ancillary and nonresidential areas.

         f.   Architectural Plans. Preliminary architectural plans for all primary buildings will 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.

         g.   Unsubdivided Lands. Tabulations on separate unsubdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre.

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

   C.   Preliminary PDD Plan or Rezoning Application Hearing and Review Processes. The Planning and Zoning Commission and the Council will conduct their respective hearings, reviews, and considerations of a proposed, preliminary PDD rezoning request pursuant to the amendment provisions contained within Section 170.37(10). Approval of the preliminary PDD rezoning request by the Council does not constitute approval of the PDD Zoning District, but is merely an authorization and an expression of interest by the City which will serve as a guide to the developer in preparation of the final PDD; plan and any preliminary PDD plan not finally approved by the Council is revocable by the Council pursuant to the terms and conditions contained herein. A PDD rezoning request may be submitted for preliminary, combined with, final approval if all of the land is to be developed at one time, (any and all development completed within two years from the date of approval of the PDD plan), and if all requirements as specified herein are met.

   D.   Final PDD Plan or Rezoning Application Preparation and Filing Requirements. An application for the final consideration of a request for a rezoning to the PDD Zoning District, (See Appendix), will be accompanied by a filing fee specified by resolution of the Council, a final PDD plan which will conform substantially to the approved, preliminary PDD plan or subject to minor changes, and related documents meeting the requirements of Sections 171.11(1)(J)-2(B) of the Subdivision Development Regulations, and any other information deemed necessary by the Building and Zoning Enforcement Officer to insure that the proposed PDD Zoning District amendment will conform to the City’s Comprehensive Plan and to the purposes of a PDD Zoning District as set forth in Section 170.28. A final PDD plan may be submitted in stages with each stage reflecting the approved preliminary PDD plan, provided, however, that said stages conform to all of the requirements set forth herein and a submittal schedule is approved as a part of the preliminary approval process. If a staged-submittal process is used, all submittals must conform with the agreed-to schedule and no submittal will be allowed later than five years from the approval date of the preliminary PDD plan by the Council. The Council may grant an extension of time for a submittal or the developer may resubmit an entirely new preliminary PDD rezoning request application for consideration. In the event that no action is taken on behalf of the developer in conformance with the above, the Council will initiate such zoning amendments as it deems necessary to preserve the public interest. If development falls more than two years behind the schedule filed with the preliminary or final PDD plan, the plan becomes subject to revocation. The Building and Zoning Enforcement Officer will monitor all pending PDD projects and inform the Council of those plans six months or more behind schedule.

   E.   Final PDD Plan or Rezoning Application Hearing and Review Processes. The Planning and Zoning Commission and the Council will conduct their respective hearings, reviews, and considerations of a proposed, final PDD rezoning request pursuant to the amendment provisions contained within Section 170.37.

      (1)   Recording the Final Planned Development District Plan. An approved final PDD plan will be filed with the County Recorder within 30 days of the date of approval by the Council, and if not filed within such time, will have no validity and will not be recorded without reapproval by the Council and recertification by the Clerk. Within five working days after recording, a duly noted, recorded copy will be filed with the Clerk of the City. The construction of any public improvements or the issuance of any building permits in the PDD Zoning District will be allowed only after recording of the final PDD plan with the County Recorder and submittal of said recorded plan to the Clerk. The recording of the final plan will inform all who deal with the planned unit development of the restrictions placed upon the land and will serve as a zoning control device notification.

      (2)   Changes in the Planned Development District Plan. The planned development district will be developed according to the approved, recorded, and filed final PDD plan, except where authorized changes or amendments are permitted. The recorded plan and supporting data together with all recorded amendments will be binding on the applicants, their successors, grantees, and assigns, and will limit and control the use of premises and location of structures in the planned development district project as set forth therein.

         a.   Major Changes. A change in the approved preliminary or final PDD plan which alters the concept or intent of the planned development district 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 such changes will be deemed a major change, and will be reviewed and considered only by submission of a new preliminary and final PDD plan. All approved major changes in the final PDD plan will be recorded with the County Recorder as amendments to the final PDD plan as specified above.

         b.   Minor Changes. The Building and Zoning Enforcement Officer may approve minor changes in the planned development district plan which do not change the concept or intent of the development, without going through the submittal, review, and consideration steps. Minor changes will be any change not defined as a major change.

3.   Minimum Standards for Consideration and General Scope of Authorized Variances Within the PDD Concept. The site under consideration for any PDD rezoning request must;

   A.   Be under single ownership or unified control;

   B.   Be not less than four acres in size, and;

   C.   Not more than 60 percent of the ground area of any PDD may be devoted to the principal uses permitted, (i.e. structures, parking areas, etc.).

Any PDD concept may depart from strict compliance with the required density, dimension, area, height, bulk, use, and other similar regulations listed for the standard zoning districts and subdivision regulations and other provisions of this Zoning Code so long as the PDD project will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; and only if said variances are so authorized and approved by the Council throughout the PDD review and consideration processes as outlined herein.