(A) The owner, owners or bona fide buyer of any tract of land may petition the Council for a zoning change to the “PUD” Zoning District in accordance with the provisions of § 18.00 of this chapter.
(B) A “PUD” shall be authorized in accordance with the following procedures:
(1) Application procedure.
(a) The application for a rezoning to the “PUD” Zoning District shall be accompanied by an application plan meeting the requirements of § 30.03(A) of this chapter; and show evidence that the proposed development will conform to the comprehensive plan and to the purpose of the “PUD” District set forth in § 30.01(A) of this chapter. The Commission and Council shall grant or deny said application pursuant to the provisions contained in § 30.03(A) of this chapter. Approval of the “PUD” shall constitute an expression of approval by the 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 set by the Council, payable to the city.
(b) To reduce the number of steps involved in the approval of a planned unit development, a preliminary “PUD” plan meeting the requirements of division (B)(2) below and § 30.03(B) of this chapter may be submitted in lieu of an application plan required in (B)(1)(a) above. This type of application shall be accompanied by a fee as established from time to time by the City Council.
(2) Approval of the preliminary plan.
1. A filing fee of $200 if procedure in division (B)(1)(a) above was followed, otherwise it has already been included in the cost noted under procedure in division (B)(1)(b) above;
2. Copies of the preliminary “PUD” plan and supporting data shall be submitted to the Zoning Enforcement Officer for certification as to conformity with these regulations, recommendations and suggestions regarding the overall design, if any; and
3. a. Copies of the preliminary “PUD” plan shall be submitted to the Commission and the Board of Adjustment who shall hold public hearings 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 newspaper 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 commission to the Council.
(b) Findings. The Planning and Zoning 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:
1. In what respects the proposed plan is consistent with the stated purpose of the planned unit development requirements;
2. The extent to which the proposed plan meets the requirements and standards of the Planned Unit Development District;
3. 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;
4. 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;
5. The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood;
6. The desirability of the proposed plan to physical development, tax base and economic well-being of the entire community;
7. The conformity with the intent and spirit of the comprehensive plan; and
8. Specific points noted on the plan that have impact on its design, function and visibility in the community.
(c) Approval. Following receipt of the recommendation by the Commission, and approval by the Board, the Council shall, within 60 days, recommend approval, modification within limits of a minor change or disapproval of the “PUD” plan. As a condition to the approval of the preliminary “PUD” plan, the Council shall set forth findings of fact in accordance with this section on which it base its approval and describing how the proposal meets the standards of § 30.04 of this chapter.
(d) Delineation. All conditions, documents and plans required by the Council must be delineated on the plat or agreed to in writing prior to Council approval.
(e) Special conditions. The Council may require such special conditions as it may deem necessary to ensure conformance with the intent of all comprehensive plan elements, the stated purpose of the Planned Development District and established city policies.
(f) Final plan.
1. Approval of a preliminary planned unit development 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 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.
2. 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.
(3) Approval of final plan.
(a) The final “PUD” plan shall be submitted to the Zoning Enforcement Officer who shall refer same to the Commission. 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.
(b) The required procedure for approval of a final plan shall be the following.
1. A final “PUD” plan and other supporting data required for approval shall be in accordance with the provisions of § 30.03 of this chapter. Final plans must be submitted for approval in accordance with agreed-to 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 Enforcement Officer and the City Inspector shall monitor all pending “PUD” 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 Enforcement Officer 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 planned unit development plan to the 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 Council who shall determine whether the change constitutes a major or minor change and whether another public hearing is required.
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.
(4) Recording the final “PUD” plan. The construction of any public improvement in the “PUD” shall be initiated only after recording of the final “PUD” plan with the County Recorder. Building permits are to be issued only after the final “PUD” 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 “PUD” must be recorded on the plat along with the statement: “See the City Code of Eldridge, Iowa § 30.00 “PUD” District”. The recording of the final plan shall inform all who deal with the “PUD” of the restrictions placed upon the land and will act as a zoning control device.
(5) Changes in the “PUD”. The “PUD” 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, grantees and assigns, and shall limit and control the use of premises and location of structures in the “PUD” project as set forth therein.
(a) 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.
(b) Minor changes. The Zoning Enforcement Officer may approve minor changes in the planned unit development which do not change the concept of intent of the development, without going through the “preliminary approval” steps. Minor changes shall be any change not defined as a major change.