1.   Intent. The Planned Unit Development District (P.U.D.) is intended and designed to promote and encourage development or redevelopment of tracts of lands on a planned, unified basis by allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this ordinance. It is the intent of this section that the basic principles of good land use planning including an orderly and graded relationship between various types of uses be maintained and that the sound zoning standards as set forth, in this ordinance and statutes concerning population density, adequate light and air, recreation and open space, and building coverage be preserved. Although Planned Unit Development Districts may appear to deviate in certain respects from a literal interpretation of the Comprehensive Plan, regulations adapted to such unified planning and development are intended both to accomplish the purpose of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, and to promote economical and efficient land use, and improved level of amenities, appropriate and harmonious variety, creative design and a better living environment.

   2.   Procedure.

      A.   The owner or owners of any tract of land comprising not less than ten (10) acres to permit construction of at least thirty-two (32) dwelling units, may submit to the City Council a petition requesting a change to the Planned Unit Development District zoning classification. Each petition shall be accompanied by five (5) copies of a development plan, which shall consist of a complete set of drawings and specifications for the proposed use and development of the entire tract of land. The development plan shall be referred to the Planning and Zoning Commission for study and report, including recommendation, to the City Council. The Planning and Zoning Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of architectural design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserves the intent and purpose of this ordinance to promote public health, safety, morals, and general welfare. The development plan as approved by the Commission shall then be reported to the City Council, whereupon the City Council may approve or disapprove said plan, after a public hearing, as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this ordinance.

      B.   If the Council approves the preliminary plan and request for rezoning, the applicant shall submit within 270 days, or longer period as may be allowed by the Council, five (5) copies of a final development plan for the entire tract of land shall be submitted to the Commission. The final development plan shall then be reviewed by the Commission, for compliance with the Planned Unite Development District standards and substantial compliance with the preliminary plan. The Commission’s recommendations and report on the final development plan shall be referred to the Council for final approval. The Council shall review the final development plan and approve it if it complies with the standards of this section and is in substantial compliance with the preliminary development plan. The final development plan and final plat shall be approved by the Council and the final plat recorded with the County Auditor and Recorder before any building permit is issued.

      C.   The Council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the Council shall consider the scope and magnitude of the development project and any schedule of construction and improvements submitted by the developer. Failure to complete all construction and improvements within said period of time shall be deemed sufficient cause for the Council to rezone the unimproved property to the classification effective at the time of original submission of the development plan, unless an extension as recommended by the Commission and approved by the Council for due cause shown. Any proposed change in the development plan after approval by the Council shall be resubmitted and considered in the same manner as the original proposal. The term “unimproved” property shall mean all property situated within a stage or stages of the final development plan upon which the installation of improvements has not been commenced.

   3.   Plan Requirements. The development plan shall include, but is not limited to, the following required items:

      A.   If the proposed development includes common land which will not be dedicated to the City, and the proposed development will not be held in single ownership, proposed by-laws of an owner’s association fully defining the functions, responsibilities and operating procedures of the association. The proposed by-laws shall include but not be limited to provisions:

         (1)   Requiring membership in the association by all owners of property within the development;

         (2)   Limiting the uses of the common property to those permitted by the final development;

         (3)   Granting to each owner of property within the development the right to the use and enjoyment of the common property;

         (4)   Placing the responsibility for operation and maintenance of the common property in the association;

         (5)   Giving every owner of property within the development voting rights in the association;

         (6)   If the development will combine rental and for sale units, stating the relationship between the renters and the owner’s associations and the rights renters shall have to the use of the common land; and

         (7)   The association must be established before properties are sold.

      B.   Covenants to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that the owner of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings which have not been dedicated to the City in compliance with the City ordinances.

      C.   Any additional agreements required by the Council at the time of preliminary plat approval.

      D.   Height and exterior design of typical proposed dwellings and the number of dwelling units in each.

      E.   A plat which shall show building lines; lots and/or blocks; common land, recreation areas, and parks, streets within or abutting the proposed development, existing and proposed easements; parking areas; walks, landscaping and planting areas; development stages and timing of each; and other applicable items required by the subdivision ordinance.

      F.   Proposed mitigation along the perimeter of the project for protection of adjoining properties, such as larger setbacks, buffer yards, landscaping, walls, fences or other screening, height limitations, architectural or site design, or other provisions.

      G.   Proposed phasing and timetable.

   4.   Standards. The land usage, minimum lot area, yard, height, and accessory uses shall be determined by the requirements set forth below, which shall prevail over conflicting requirements of this ordinance or the subdivision ordinance.

      A.   Residential properties shall be used only for residential purposes and the accessory uses as permitted by this section. Uses along project boundary lines shall not be in conflict with those allowed in adjoining or opposite property. To this end, the Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.

      B.   The following accessory uses shall be permitted on residential properties:

         (1)   Private garage or carport.

         (2)   Occupant storage and similar accessory uses.

         (3)   Non-commercial recreational facilities.

         (4)   Community facilities including municipal facilities, churches and schools.

      C.   Commercial uses, including business and professional offices, and retail convenience facilities designed to serve primarily occupants of the planned development may be permitted provided the following conditions are met:

         (1)   The planned unit development shall provide for a total of at least one hundred and fifty (150) residential dwelling units.

         (2)   Gross leasable floor area for commercial uses shall not exceed fifteen percent (15%) of the total development area.

      D.   The Council may require open space or screening be located along all or a portion of the development boundaries. The maximum height of any building located within the development shall be thirty-five (35) feet when adjacent to an “R-1” district.

      E.   All public streets, water mains, sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the City.

      F.   “Common land” as used in this section refers to land retained in private ownership for the use of the residents of the development, or to land dedicated to the general public. The minimum requirement for any P.U.D shall comply with Van Meter Code of Ordinances 170.32 Park and Recreational Areas.

      G.   Spaces for off-street parking and loading shall be provided in accordance with the zoning requirements of the zoning district in which the P.U.D in constructed. Where a P.U.D is proposed and is contained within two or more zoning districts, parking requirements shall be determined by the City Council, but shall not be any less restrictive than the existing requirements of the zones in which the P.U.D is constructed. Parking lot design considerations shall be as follows:

         (1)   Parking shall be treated as an integral part of the development in scale, location and character.

         (2)   Parking shall be arranged to discourage through traffic.

         (3)   As appropriate, parking areas shall be screened from adjacent structures and streets with hedges, plantings, fences, earth berms, changes in grade, and/or similar buffers.

         (4)   Parking areas shall be designed to allow for drainage of surface water without erosion, flooding, and other inconveniences.

      H.   Signs on-site shall be subject to the provisions of the “C-1” classification.

      I.   No stage of a development shall contain less than thirty (30) dwelling units.

      J.   Developments or portions thereof which are being developed for sale or resale shall contain common land in area totaling not less than the minimum requirements of Van Meter Code of Ordinances 170.32 Park and Recreational Areas.

      K.   Existing trees shall be preserved whenever possible. The location of trees is to be considered in designing building location, underground services, and paved areas.

   5.   Development Controls. Although P.U.D.s are intended to promote and permit flexibility of design and thereby may involve modifications of conventional regulations or standards, certain requirements which are set forth below shall be applied to ensure that the development is compatible with the intent of this Code.

      A.   Surety may be required to ensure completion of recreational amenities provided in lieu of public facilities, or for mitigating elements such as screening or public improvements.

      B.   Expect where the City agrees to other arrangements, a P.U.D shall be comprised of a single owner, or a group of owners acting as a partnership or corporation with each agreeing in advance to be bound by the conditions which will be effective in the P.U.D.

      C.   Only those uses that are approved and made a part of the plan, and subject to any conditions attached thereto, shall be permitted.

      D.   Height, setback, bulk and other requirements set out in the plan shall constitute the basic for and become the zoning requirements, provided that refinements may be made through the final plan approval if not defined as a substantial modification; in lack of any special provisions set out in the plan, the requirements of the most proximate zoning district, as defined by use, shall be applied.

      E.   Project phases shall be substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, required open space, screening and transitional element and other support features, and be capable of supporting required operation and maintenance activities; temporary provisions, such as turnarounds or access easements, may be required for this purpose; the initial phases generally should not be comprised of the most intensive portions of the P.U.D., unless the City concurs this the most feasible means of developing the property in terms of access, sewer service or similar physical constraints, or will permit earlier development of common amenities.

      F.   Attention shall be given to mitigation of existing or potential land use conflicts through proper orientation, open space setbacks, landscaping and screening, grading, traffic circulation and architectural compatibility. It is the intent of this Code to recognize that appropriate use of design techniques will provide the required mitigation, and thereby eliminate the need for certain conventional regulations or standards. As examples and not requirements: orienting views, access, and principal activities away from the land use needing protection, placing those least compatible activities farthest from the common boundary and those most compatible nearest, can create an effective buffer; setbacks in conjunction with landscaping can mitigate conflicts by providing a visual buffer, controlling pedestrian access, softening visual contrast by subduing the differences in architecture and bulk, and reducing heat, and dense landscaping can reduce the width of physical separation needed for such purposes; proper grading will control drainage, can alter views and subdue sound, and channel access; fences, walls and berms will channel access and control visual, sound and light pollution; proper architectural use of color, bulk, materials and shape will enhance compatibility and reduce contrast, although details added to the building for aesthetic purpose without consideration to form and surroundings may be detrimental rather than helpful; and proper design of pedestrianways, streets and points of access and proper location of parking areas, will reduce congestion and safety hazards, and help prevent introduction of noise, pollutants and other conflicts into areas with less intensive land use. Other techniques may also be used.

      G.   There shall be a minimum setback of 20 feet for any garage whose vehicular access faces the street.

      H.   Permanent care and maintenance of open space, recreation amenities and other common elements shall be provided in a legally binding form. If the common elements are to be maintained by a owners’ association, the applicant shall file the proposed documents governing the association for review by legal counsel for compliance with the following requirements at the time the final plat or site plan is filed.

         (1)   Membership shall be mandatory for each buyer of successive buyer of property within the development.

         (2)   The open space restrictions shall be in perpetuity, or automatically renewable, and shall not terminate, except by approval of both the owners’ association and the City of Van Meter.

         (3)   The owners’ association shall be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities.

         (4)   Property owners shall pay their pro rata share of the cost or the assessment levied by the association shall become a lien on the property.

         (5)   The association shall be able to adjust the assessment to meet changes needed.

         (6)   No change in open space use or dissolution of owners’ association shall occur without approval by the City of Van Meter.

   6.   Validity.

      A.   In the event the first development phase has not commenced within two years after the date of rezoning, or if subsequent phases are delayed more than two years beyond the indicated development schedule, the developer shall file appropriate information detailing the reasons for the delay with the City. The City Administrator shall review circumstances and prepare a report recommending appropriate action to be taken concerning the P.U.D. The Planning and Zoning Commission and City Council shall review the matter, and may continue the P.U.D. zoning with revised time limits; require that appropriate amendments be made or action taken, such amendments to comply with the procedures of this section if deemed substantial; continue the P.U.D. zoning for part of the area, with or without revised time limits, and initiate rezoning of the remainder to an appropriate district; or initiate rezoning of the entire parcel to an appropriate district, provided that the rezoning shall not be to a zone more restrictive than the applied immediately prior to the rezoning to P.U.D., except after comprehensive planning analysis. The Commission and Council may schedule such public hearings as deemed appropriate.

      B.   Approval of a final site plan or preliminary plat shall be deemed to commence development, provided that the permanent placement of construction materials shall have started and be proceeding without delay within two years after the date of site plan approval, and a final plat approved within one year after the date of preliminary plat approval in the event a site plan is not required. Failure to comply with this provision shall void the site plan and preliminary plat approvals, and make the P.U.D. subject to review as provided above.

      C.   The developer shall be responsible for compliance with all prescribed time limits without notice from the City.