1.   The purpose of the Planned Unit Development “P.U.D.” 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 chapter.

   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 “P.U.D.” 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 chapter. The “P.U.D.” 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 “P.U.D.” in keeping with the purpose of the plan. The foregoing purposes and principles shall not be interpreted to permit the reduction of standards set forth in this section.

2.   Procedure. The owner, owners or bona fide buyer of any tract of land may petition the Commission for a zoning change to the “P.U.D.” zoning district in accordance with the provisions of Section 167.29. A “P.U.D.” shall be authorized in accordance with the following procedures:

   A.   Application Procedure.

      (1)   The application for a rezoning to the “P.U.D.” zoning district shall be accompanied by an application plan, meeting the requirements of Paragraph 3(A) of this section, and show evidence that the proposed development will conform to the Comprehensive Plan and to the purpose of the “P.U.D.” District set forth in Subsection 1. The Commission shall grant or deny said application pursuant to the provisions contained in Paragraph 3(A). Approval of the “P.U.D.” shall constitute an expression of approval by the Commission of the application plan as a guide to the preparation of the preliminary “P.U.D.” plan. The applications shall be accompanied by a filing fee in an amount of $150.00

      (2)   To reduce the number of steps involved in the approval of a Planned Unit Development, a preliminary “P.U.D.” plan meeting the requirements of Paragraph B and Paragraph 3(B) of this section may be submitted in lieu of an application plan required in (1) above. This type of application shall be accompanied by a fee of $150.00 plus an amount equal to that prescribed by Paragraph B(1)(a) below.

   B.   Approval of the Preliminary Plan.

      (1)   Supporting data in accordance with Paragraph 3(B) of this section.

         a.   A filing fee of $150.00 for 10 acres or less and $250.00 for over 10 up to 20 acres. More than 20 acres the filing fee is $300.00 if procedure in Paragraph 2(A)(1) of this section was followed, otherwise it has already been included in the cost noted under procedure in Paragraph 2(A)(2).

         b.   Copies of the preliminary “P.U.D.” plan and supporting data shall be submitted to the Zoning Administrator for certification as to conformity with these regulations, recommendations and suggestions regarding the overall design, if any.

         c.   Copies of the preliminary “P.U.D.” plan shall be submitted to the Commission who shall hold public hearings on the application for a preliminary “P.U.D.” Plan giving notice of the times and places as required by State law by publishing a notice thereof at least once in a newspaper publication having general circulation within the City. Following the public hearings, a recommendation for approval or denial of the preliminary “P.U.D.” plan shall be made by the Commission to the Council.

      (2)   Findings. The Commission 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 “P.U.D.” requirements.

         b.   The extent to which the proposed plan meets the requirements and standards of the “P.U.D” 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)   Following receipt of the recommendation by the Commission, the Council shall, within 60 days, recommend approval, modification within limits of a minor change, or disapproval of the “P.U.D.” plan. As a condition to the approval of the preliminary “P.U.D.” plan, the Council shall set forth findings of fact in accordance with this subsection on which they base their approval and describing how the proposal meets the standards of Subsection 4 of this section.

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

      (5)   The 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 “P.U.D.” district, and established City policies.

      (6)   Approval of a preliminary “P.U.D.” 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 Council and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary plan approval, if any. 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 “P.U.D.” plan shall be submitted to the Zoning Administrator who shall refer same to the Commission. The final “P.U.D.” plan shall conform with the preliminary “P.U.D.” plan as approved or subject to minor changes, and may be submitted in stages, with each stage reflecting the approved preliminary plan; provided, however, such stage conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:

      (1)   A final “P.U.D.” plan and other supporting data required for approval shall be in accordance with the provisions of Subsection 3 of this section. Final plans must be submitted for approval in accordance with agreed scheduling, but not later than five years from the approval of the preliminary plan by the Council. The Council may grant an extension in time, or the developer may resubmit an application; in the event that same is not done, the Council shall initiate such zoning changes as it deems necessary to preserve the public interest. If construction falls more than two years behind the schedule filed with the final plan, the plan becomes subject to revocation. The Zoning Administrator shall monitor all pending “P.U.D.” projects and inform the Council of those six months or more behind schedule.

      (2)   The final plan and supporting data shall be submitted to the Zoning Administrator for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

      (3)   After review of the final plan, the Commission shall submit the “P.U.D.” plan to the Council with a recommendation for approval, disapproval, or approval with minor modifications. Any changes or modifications which arise shall be specifically noted and referred to the Council who shall determine whether the change constitutes a major or minor change and whether the Commission needs to review the preliminary plan again.

      (4)   The Council shall, within 60 days, approve, disapprove, or extend the time period for another 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 “P.U.D.” shall be initiated only after recording of the final “P.U.D.” plan with the County Recorder. Building permits are to be issued only after the final “P.U.D.” plan has been recorded with the County Recorder and shall be issued in full conformance with this chapter. The use of all parcels in the “P.U.D.” must be recorded on the plat along with the statement, See City Code of Ordinances of Walcott, Iowa, Section 167.17 – “P.U.D.” District. The recording of the final plan shall inform all who deal with the “P.U.D.” of the restrictions placed upon the land and will act as a zoning control device.

   E.   Changes in the “P.U.D.”. The “P.U.D.” shall be developed according to the approved and recorded final plan, except where authorized changes or amendments are permitted. The recorded plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, guarantees and assigns, and shall limit and control the use of land and location of structures in the “P.U.D.” project as set forth therein.

      (1)   Major Changes. A change in the approved preliminary “P.U.D.” plan or final “P.U.D.” plan which alters the concept or intent of the “P.U.D.” 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 “P.U.D.” plan in accordance with the procedures as previously set forth for the approval of preliminary and final “P.U.D.” plans. All approved major changes in the final “P.U.D.” plan shall be recorded with the County Recorder as amendments to the final “P.U.D.” plan.

      (2)   Minor Changes. The Commission may approve minor changes in the “P.U.D.” 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.

3.   Specific Content. The “P.U.D." 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 required in Section 167.29.

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

   B.   Preliminary Plan Stage.

      (1)   Design Plan. A drawing of the “P.U.D.” shall be prepared at a scale of one inch equals 50 feet, or such other scale that may be recommended by the Zoning Administrator. Any change in scale between the preliminary and final plan shall be accompanied by a signed statement from the developer attesting that there has been no modifications. All plans shall show the general location of proposed streets (public and private), 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 parcel. Street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, distance to nearest intersection, etc.

         d.   Utilities (public or private) on and adjacent to the parcel. 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 parcel. For land that slopes less than one-half of one percent, show one foot contours; show spot elevations at all breaks in grades along all drainage channels or scales and at selected points not more than 100 feet apart in all directions; for land that slopes more than one-half of one percent show two-foot contours.

         f.   Subsurface conditions on the parcel, 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. The location and results of soil percolation tests if individual sewage disposal systems are proposed.

         g.   Other conditions on the parcel: water courses, floodplains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot 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 unplatted land; for adjacent platted land refer to subdivision plat by name and show approximate percent built-up, typical lot size and dwelling type.

         i.   Zoning on and adjacent to the parcel.

         j.   Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the parcel.

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

         l.   Map data: name of development, north point and scale, date of preparation, acreage of site, name and address of developer, designer and engineer.

         m.   Miscellaneous: such additional information as may be required by the Commission, City Engineer, Zoning Administrator, Council or as found in the subdivision control regulations.

         n.   General location, purpose and height, in feet or stories of each building other than a single-family dwelling on a individually platted lot.

      (2)   Character. Explanation of the character of the “P.U.D.” 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 parcel designated according to official records in the office 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 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 “P.U.D.”, 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 “P.U.D.” and any of its common open space.

      (6)   Density. Provision of information on the density of residential uses and the number of dwelling units by type.

      (7)   Use. Provision of a list of uses planned for the ancillary and nonresidential areas.

      (8)   Service Facilities. Provision of 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).

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

         b.   Sanitary sewers.

         c.   Storm drainage and erosion.

         d.   Water supply system, if required by the Commission.

         e.   Lighting program, if required by the Commission.

         f.   Grading.

   C.   Final Plan Stage.

      (1)   Final detailed plan: a final land use and zoning plan suitable for recording with the County Recorder 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 “P.U.D.”

         b.   A subdivision plan of all subdivided lands in the same form and meeting all the requirements of a normal subdivision final plat.

         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 unsubdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre.

         f.   Architectural plans unless waived by Council 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 P.U.D., 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 Council in the development of a P.U.D. 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 City Engineer.

      (4)   Guarantee deposit. Prior to the acceptance by the Council of public utilities and improvements, the contractor for the owner of the land shall furnish to the Council a good and sufficient bond with surety to secure to the Council the actual construction and installation of such public utilities or improvement according to City specifications within two years from the date of approval by the Council of the final plan or a petition to the Council 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, 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 Council 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 years from the date of completion as certified by the engineer.

      (5)   Dedication and recording documentation. Certificates, seals and signatures required for the dedication of land, recording document, as set forth in the subdivision regulations.

      (6)   Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the “P.U.D.”

4.   Standards. The P.U.D. must meet the following standards:

   A.   Comprehensive Plan. A “P.U.D.” must conform with the intent and spirit of the Comprehensive Plan.

   B.   Size. The site of the total “P.U.D.” must be under single ownership and/or unified control and be not less than 60,000 square feet area.

   C.   Compatibility. The uses permitted in a “P.U.D.” must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties.

   D.   Space Between Buildings. Space between buildings shall be subject to approval during the review process.

   E.   Yards.

      (1)   The required yards along the periphery of the “P.U.D.” project shall be at least equal in width or depth to that of the adjacent zoning district.

      (2)   All other yards shall be subject to approval during the review process.

   F.   Traffic. Adequate provision be made to providing ingress and egress so designed as to minimize traffic congestion in the public streets. The Commission and Council may require a professional traffic engineer to investigate and submit a traffic study.

   G.   Parking Requirements. Adequate, adjacent parking shall be provided and in no event shall the parking be less than that provided for in Section 167.03(8).

   H.   Other Standards. The “P.U.D.” may depart from strict conformance with the required density dimension, area, height, bulk, use and other regulations for the standard zoning districts and other provisions of this chapter to the extent specified in the preliminary land use and zoning plan and documents authorizing the “P.U.D.” so long as the “P.U.D.” project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. All new construction shall conform to City specifications and regulations.

5.   Conditions and Guarantees. Prior to the granting of any “P.U.D.”, the Council may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the “P.U.D.” as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area and to secure compliance. In all cases in which a “P.U.D.” is granted, the Council 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.

6.   Detailed Site Plan. When required by the Zoning Administrator or the Commission for development and special use requests, a site plan for an area may contain and locate by notation, as the Zoning Administrator or the Commission may require:

   A.   Existing grading and proposed grading at two-foot contours.

   B.   Proposed street and existing street with both paving and right-of-way indicated.

   C.   All utility easements, both privately owned and municipal, and any proposed.

   D.   Outline of proposed or existing building on the site.

   E.   Proposed or existing paving or surfaced area for driveways or parking lots.

   F.   Proposed or existing sidewalk locations and easements, if appropriate.

   G.   Proposed and existing landscaping and other existing natural features.

   H.   Proposed or existing sign location and sign height.

   I.   Location map, locating the site within the City.

   J.   Identification of existing and proposed plats and development on adjacent property as well as the location of existing and proposed signs within 100 feet of the site.

   K.   Proposed or existing property lines.

   L.   Proposed or existing fencing and identification of the type and height of fence.

   M.   Proposed or existing access or other easements.

   N.   Location of proposed or existing manholes, drainage intake, fire hydrants, utility pole anchors and guides.

   O.   Front, side and rear setbacks.

   P.   Key plan, legend and notes.

   Q.   The scale, north point, and date.

   R.   Proposed and existing features not otherwise mentioned, such as specific recreational areas and equipment, water retention areas, ponds, waterways, etc.

   S.   Perspective drawing of the site showing concept described in the site plan, specifically representing the building and sign appearance and contour effect of the site.

   T.   Elevation plans for exterior vertical and horizontal design of the buildings and sign which are being contemplated.

   U.   Construction plans for public or private improvements for streets and sewer in accordance with the procedures of this Code of Ordinances.

   V.   Legal documents such as but not limited to homeowners’ association, restrictive covenants, agreement contracts or other documents necessary to insure the concept involved.