Ordinance 2012-19 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-19
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING AMENDMENTS TO THE METHOD AND PROCEDURE OF
ESTABLISHING PLANNED UNIT DEVELOPMENTS IN THE CITY
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 26`x'day of June, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on June 28,2012.
Ordinance No. 2012- /q
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,APPROVING AMENDMENTS TO THE METHOD AND PROCEDURE OF
ESTABLISHING PLANNED UNIT DEVELOPMENTS IN THE CITY
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to Section 10-14-7 of the Yorkville Zoning Code the City may
initiate amendments to the Yorkville Zoning Ordinance; and,
WHEREAS, the City filed seeking an amendment to the Yorkville Zoning Code to
comprehensively amend the method and procedures for the consideration of planned unit
developments as special uses in the zoning districts of the Yorkville Zoning Ordinance; and,
WHEREAS, Section 5/11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/11-13-1.1)
provides that the City may establish special uses in its zoning ordinance including the
consideration of planned unit developments; and,
WHEREAS, the Plan Commission convened and held a public hearing on the April 11,
2012, to consider the request to amend the planned unit development process and made a
recommendation to the City Council to approve the requested text amendment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. That Title 10, Chapter 13 of the Yorkville City Code, as amended, be and is
hereby repealed and replaced with Chapter 13 to read a follows:
"CHAPTER 13
Planned Unit Development
SECTION:
10-13-1: Purpose and Intent
10-13-2: Authority
10-13-3: Definition and Size Limitations
10-13-4: Procedures for Establishment
10-13-5: Pre-Application Conference
10-13-6: Concept PUD Plan Review
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10-13-7: Preliminary PUD Plat
10-13-8: Final PUD Plat
10-13-9: Amendments or Minor Revisions to PUD Plat
10-13-10: Conditions for Approval
10-13-11: Development Standards and Design Criteria
10-13-12: Fees
10-13-13: Effective Period of Planned Unit Development
10-13-1: PURPOSE AND INTENT:
A. Planned Unit Developments are unique and differ substantially from conventional
subdivisions and therefore require administrative processing as "Special Uses" under this Title.
Planned Unit Developments are a complex type of Special Use, potentially consisting of various
land uses and design elements, requiring the establishment of more specific procedures,
standards and exceptions from the strict application of the zoning district regulations to guide the
recommendations of the Plan Commission and the action of the City Council. The purpose of
this chapter, therefore, is to provide for an alternative zoning procedure under which land can be
developed or redeveloped with innovation, increased amenities and creative environmental and
architectural design than would be possible to achieve under the otherwise standard zoning
district regulations while being in general compliance with the planning objectives and intent of
the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing,
commercial and other types of land uses, individually or in combination, may be developed with
design flexibility allowing for full utilization of the topographical and environmental
characteristics of the site.
B. Planned Unit Developments must have an approved development plan which provides for a
unified design, contiguity between various elements and be environmentally compatible with the
surrounding area. There should be an increased benefit upon the health, safety and general
welfare of the public and particularly, in the immediate surroundings, than developments built in
conformity with the underlying district regulations. If building density is increased above
densities allowable by the zoning district in which the use would be permitted on a particular
portion of a PUD; then the amount of open space, retention of existing vegetation, buffer areas,
new landscape, public commons, community open space, and parks shall be evaluated for
proportionate increase for the remainder of the PUD.
C. The Planned Unit Development is not intended to be a mechanism solely used for the
allowance of increased densities or as a means of circumventing the bulk regulations or zoning
standards under this Title, rather a Planned Unit Development shall generally provide attributes
in excess of conventional city zoning, building and other land use requirements such as, but not
limited to the following:
(1) Providing a maximum choice of the overall living environment through a variety of type,
design and layout of residential structures, commercial and industrial buildings, office
and research uses and public facilities;
(2) Demonstrating excellence in environmental design and the mitigation of land use factors
or impacts;
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(3) Promoting a more useful pattern of dedicated open space and recreation areas
incorporated as part of the development plan and that is compatible with the immediate
vicinity;
(4) Provide public access and pedestrian connectivity via bicycle/recreational paths,
sidewalks and/or alternative modes of transportation.
(5) Providing and or preserving substantial landscaping with emphasis given to streetscape
areas, buffer zones, and the provision of significant landscaping (in terms of size of
landscape areas and quantity and quality of landscape materials) within the developed
portions of the site;
(6) Incorporating a consistent architectural theme which is unique to the specific site and
surrounding community through the use of building materials, signage and way-finding
standards as well as design elements. Generic corporate architecture and big box designs
are strongly discouraged but not prohibited. Uses should be designed according to the
limitation of the site rather than the removal of the limitations. Specific design details
such as roof parapets, architectural details, varying roof heights, pitches and materials
and building colors and materials should be addressed;
(7) Retain, utilize and incorporate historic features on the project site into the overall project
design, if physically and economically feasible; and/or
(8) Promote and strengthen the economic vitality and enhance the aesthetic qualities of
unified large-scale commercial developments.
(9) Encourage high-quality planned industrial park environments and well-designed business
centers for single or multiple-tenant facilities.
(10) Provide/enhance regional public infrastructure such as roadways, water/sanitary service,
storm water management objectives.
10-13-2: AUTHORITY:
A.The Plan Commission shall review and recommend approval, approval with modification or
denial of applications for Planned Unit Developments. The City Council shall have final
decision to approve, approve with modification, or deny applications for Planned Unit
Developments.
B. The procedures set forth in this chapter shall apply to all Planned Unit Developments.
C. Planned Unit Developments may be allowed in each of the zoning districts in the United City
of Yorkville only as a Special Use as prescribed in this Title and approved pursuant to the
procedures set forth in Section 10-14-6 of this Title.
10-13-3: DEFINITION AND SIZE LIMITATIONS:
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A. A Planned Unit Development is a tract of land which is developed as a unit under single
ownership or control, which includes two (2) or more principal buildings, and which is at least
four (4) acres in area, except for planned developments operated by a municipal corporation
which shall be at least two (2) acres in area, and Planned Unit Developments in manufacturing
districts which shall be at least ten (10) acres in area.
B. All land area within a Planned Unit Development must be contiguous; provided that
properties separated by highways, streets, public ways, railroads or other public utility right-of-
ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development.
Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be
applicable to the addition of property to an existing Planned Unit Development.
10-13-4: PROCEDURES FOR ESTABLISHMENT:
A. Planned Unit Development applications shall be made as hereinafter provided and shall
be accompanied by the required plats and documents. Detailed plans, drawings and other
information as specified in this Title shall be required at the time of the various phases,
meetings and hearings as detailed herein. Each stage shall be reviewed and certified by
the Zoning Administrator as being in accordance with the Planned Unit Development
requirements before proceeding to the next stages. The approval process shall include the
following stages:
1. Pre-Application Conference - Introductory meeting held with City staff as set forth
in Section 10-13-5 of this Chapter.
2. Concept PUD Plan Review - An informal review of overall concept conducted by
the City Council to provide constructive feedback to petitioner of plan as set forth
in Section 10-13-6 of this Chapter.
3. Preliminary PUD Plat - First, a technical review of detailed plans by various city
departments at a Plan Council meeting is held; a public hearing is then conducted
by the Plan Commission; and final determination is made by the City Council, as
set forth in Section 10-13-7 of this Chapter.
4. Final PUD Plat - A public hearing is then conducted by the Plan Commission with
final determination made by the City Council, as set forth in Section 10-13-8 of this
Chapter.
B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat,
may be submitted and reviewed concurrently, as determined by the Plan Council, based
upon the following criteria:
1.The PUD plan forwards the goals of the city's planning objectives and official plans,
including but not limited to, the Integrated Transportation Plan, Downtown Vision
Plan, Stormwater Management Plan and various watershed development plans.
2.The PUD plan requires limited variances from the use or bulk regulations of the
conventional/underlying zoning district in which it is to be located.
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3.The benefit of the PUD plan shall forward or exceed the goals of the stated
development standards and regulations of city ordinances, which include but are not
limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign
Ordinance, Design Guidelines and Water Conservation Ordinance.
10-13-5: PRE-APPLICATION CONFERENCE:
A. Purpose: The purpose of the pre-application conference is to provide information, guidance
and assistance to the applicant before preparation of the concept plan so that the applicant
may receive informal input on:
1. Whether the proposed Planned Unit Development will be in conformity with the planning
and other development goals and the policies of the United City of Yorkville.
2. Whether the existing zoning and land use in the general area of the Planned Unit
Development is appropriate for a Planned Unit Development.
B. Procedure: Prior to filing an application for approval of a Planned Unit Development, the
petitioner shall be required to contact the city administrator or his designee to arrange an
informal pre-application meeting with city staff and its consultants.
1. The pre-application conference is mandatory and shall be held with staff, but is at no
charge to the petitioner. At such conference, the applicant shall provide information relating
to the following:
a. The location of the proposed Planned Unit Development;
b. The land use types and approximate area of proposed land uses;
c. A list of any and all exceptions to the zoning ordinance and
subdivision regulations requested; and
d. Other information pertinent to the proposed Planned Unit
Development.
2. The pre-application conference shall be an informal communication and discussion of the
proposed Planned Unit Development, and no commitments shall be given, nor shall
statements or opinions of the city staff and its consultants be deemed binding.
3. Staff shall review and provide input on the proposal's compatibility with the
comprehensive plan and the goals and policies for planning of the city and advise the
applicant on the information, documents, exhibits, and drawings on the proposal that
should be included in the application to the city for a Planned Unit Development.
10-13-6: CONCEPT PUD PLAN REVIEW:
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A. Purpose: The presentation of a Concept PUD Plan is optional. The purpose of the Concept
PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and
City Council regarding the overall project concept, density and dwelling unit or land use type
prior to spending considerable time and expense in the preparation of detailed preliminary
PUD plans.
B. Procedure: Not less than forty-five (45) days before the next available City Council meeting,
the applicant shall submit to the City for review the conceptual Planned Unit Development
plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13"
envelope and two (2) electronic copies of the following documentation:
1. A completed notarized application form, two (2) originals and the remainder photocopies.
2. The application shall be accompanied by the appropriate filing fee.
3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial
photograph exhibit shall be one-inch equals one-hundred (1" = 100) scale, but no less than
one-inch equals four hundred (1" = 400) and shall include the following:
a. Title or Name of the proposed Planned Unit Development.
b. Outline of property boundaries.
c. Adjacent area within one-fourth (114) mile of property.
4. A zoning plat including a legal description of the property with total property acreage
notated to be included in the Planned Unit Development.
5. A written explanation of the general character of the proposed Planned Unit Development
that shall include the following:
a. A description of all proposed land uses (including open space) with percentages of each
use;
b. Projected densities and housing type for each residential use;
c. A description of the development standards and design criteria applicable to the proposed
Planned Unit Development;
d. An outline describing why the property should be developed as a Planned Unit
Development;
e. Identification of the conventional zoning classification allowing the uses for each land
use type included and compatibility to the future land use designation for the property in
the City's official Comprehensive Plan;
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f. Identification of existing uses and zoning of adjacent properties to the Planned Unit
Development.
g. A list of requested exceptions to applicable city ordinances and codes.
6. A written description of general site information that should include, but shall not be
limited to, the following, if known or available:
a. Existing site conditions.
b. Environmental characteristics.
c. Availability of community facilities and utilities.
d. Existing covenants.
7. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall
provide sufficient detail to demonstrate the physical relationship between the existing land
condition, surrounding land uses and the proposed Planned Unit Development, and shall
include the following:
a. North arrow (true meridian), scale and date of preparation.
b. Name and address of the site planner, or engineer who prepared the plan.
c. Name of property owner.
d. Name of petitioner/developer.
e. Proposed name of the Planned Unit Development.
f. Location map showing the location of the Planned Unit Development within or proximity
to the corporate boundaries.
g. Boundary and/or property lines of proposed development and dimensions of the lots into
which the property is proposed to be subdivided.
h. Proposed land uses, and total acreage and percent of the site devoted to each land use
including minimum and average lot sizes and proposed dedication of land for school and
park sites, if applicable.
C. City Council Review: The City Council shall conduct an informal review of the conceptual
Planned Unit Development plan and supporting documentation and provide the applicant
with general comments on the following:
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I. Compatibility of the proposal with the transportation plan, zoning ordinance,
subdivision ordinance and land use planning goals and objectives of the city.
2. Appropriateness of the proposed land uses.
3. General layout of open space, streets, parking areas, lots and buildings.
4. Other information the City Council would recommend be prepared for the
preliminary Planned Unit Development plan phase.
10-13-7: PRELIMINARY PUD PLAT:
A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the
City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary
PUD Plat, and that any final plans will be approved provided they substantially conform to
the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit
Development Plat shall not constitute authority to proceed with construction of any
improvements but rather an approval of the general features of the plans as a basis for
preparing the final plans.
B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the
applicant shall file an application with the Clerk's Office for Preliminary Planned Unit
Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit
in a 10" x 13" envelope and two (2) electronic copies of the following documentation:
1. A completed notarized application form, two (2) originals and the remainder
photocopies.
2. The application shall be accompanied by the appropriate filing fees.
3. Disclosure of beneficiaries form and statement of present and proposed ownership of all
land within the development.
4. An aerial photograph exhibit of the property taken within the last two (2) years of the
adjacent area within one-fourth (1/4) mile of property. The aerial photograph exhibit
shall be one-inch equals one-hundred (1" = 100) scale, but no less than one-inch equals
four hundred (1" = 400).
5. Written explanation of the character of the Planned Unit Development and the reasons
why it has been planned to vary from the conventional Zoning Ordinance regulations.
This explanation shall detail how the proposed Planned Unit Development meets the
objectives of all official plans which affect the subject property.
6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which
includes at a minimum, the following information:
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a. Title notation stating "Preliminary Plat" or"Preliminary Plan".
b. North arrow, scale (not less than 1 inch equals 100 feet) and date of preparation.
c. Name and address of the site planner, engineer or surveyor who prepared the plan.
d. Name of property owner.
e. Name of petitioner/developer.
f. Proposed name of the Planned Unit Development or subdivision name, which shall
not duplicate the name of any plat previously recorded in Kendall County.
g. Location map showing the general area of the Planned Unit Development within or
proximity to the corporate boundaries.
h. Legal description prepared by a registered land surveyor.
i. Boundary lines—bearings and distances.
j. Site data, including, as applicable:
1) Current zoning classification.
2) Total area of property in square feet and acreage, and percentage of each
proposed land use.
3) Square footage and percent of site coverage with buildings.
4) Square footage and percent of site coverage with impervious surfaces.
5) Square footage and percent of site covered dedicated to common open space
such as storm water management systems, landscaping and buffers, parks, trail
corridors and recreational areas.
6) Total number of off-street parking and loading spaces provided and method
used to calculate the number of required spaces for each land use.
7) Total number of buildings.
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8) Total number of residential dwelling units by type, and the number of
bedrooms in each dwelling unit type.
9) Gross Floor Area for all non-residential buildings/uses.
10)Gross and net densities for the overall Planned Unit Development and for each
land use.
a. Residential Density: Provide information on the density of residential
uses, including dwelling units per acre, dwelling units per net acre;
gross and net residential density (dwelling units per acre of land
devoted to residential sectors of the PUD; gross being all land, net being
gross acres minus land used for public or common usage). Information
should also be provided for each unit in the Planned Unit Development,
if applicable.
b. Non-Residential Intensity: Provide information on the type and amount
of non-residential uses including building locations, sizes, floor area
ratio, building height, the amount and location of common open space.
11)Minimum, maximum and average lot sizes.
12)Percent of lot coverage for all uses except detached single-family and duplex.
k. Depiction of Lots:
a. Residential lots shall depict approximate lot dimensions; building footprints for
all multi-family and single-family attached structures; and dimensioned required
yard setbacks.
b. Non-residential lots shall depict building footprints and dimensioned setbacks.
Information regarding purpose/use and height of non-residential buildings shall
also be provided.
1. Existing zoning and land use of adjacent property within five hundred feet (500') of all
sides of the site.
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m.Other conditions of adjoining land — owners of un-platted land; subdivision plat name,
recording date and number of adjoining platted land; actual direction and gradient of
ground slope, including any embankments or retaining walls; character and location of
major buildings, railroads, power lines and towers.
n. Municipal limits.
o. School district boundaries.
p. Existing easements—location, width and purpose.
q. Location of existing streets in, and adjacent to, the property including: street name, right-
of-way width, existing and proposed center lines, pavement type, walks, trails, curbs,
gutters, culverts, etc.
r. Proposed public improvements such as highways and other major improvements planned
by public authorities for future construction on or near the property.
s. Existing utilities on, and adjacent to, the property including: location, size and invert
elevation of sanitary and storm sewers; location and size of water mains; location of gas
lines, fire hydrants, electric and telephone lines (above and below ground) and street lights;
direction and distance to, and size of nearest water mains and sewers adjacent to the
property showing invert elevations.
t. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels
showing a minimum of one foot (1') contours for land which slopes less than one-half
percent ('/z%) along with all breaks in grades, and 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 percent (%%) showing a minimum of two foot (2') contours.
Any land within the one hundred (100) year floodplain, as determined by the City Engineer
or an outside consultant, shall also be shown.
u. Subsurface conditions on the property shall be shown, if deemed required by the City
Engineer or an outside consultant. This includes the location and results of tests made to
subsurface soil, rock and groundwater conditions, depth to groundwater, unless test pits are
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dry at a depth of fifteen feet (15'); location and results of a soil percolation test if
individual sewage disposal systems are proposed.
v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees
four inches (4") or more in diameter at breast height, existing structures and other
significant features.
w.Location of all proposed off-street parking and loading areas, including dimensions of
parking spaces, drive aisles and loading zones.
x. Configuration of all land proposed as open space including storm water management areas,
parks, buffers, and trail corridors.
y. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings,
and similar public and quasi-public uses.
z. Pedestrian and/or bicycle circulation systems.
aa. Limits of jurisdictional and non-jurisdictional wetlands.
bb. Any other data reasonably necessary to provide an accurate overview of the proposed
development.
7. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant
material for all common and dedicated areas including parkways, buffer areas, storm water
basins, wetlands, entry areas, medians, and parking lot islands. The landscape plan shall also
depict permanent signs and street fixtures, and a detail plan of landscaping for a typical
building area.
8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan.
The proposed plan shall illustrate an appropriate location and dimensions of all sanitary
sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts
and storm water retention/detention areas, as well as all utility easements, and be
accompanied with:
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a.A feasibility report or statement from the sanitary district attesting to the capability of the
existing sewer system and wastewater treatment facility to service the proposed
development.
b. Preliminary stormwater report.
c.Preliminary mass grading plan.
d. Traffic analysis or study, prepared by a transportation engineer or planner, which
analyzes the impact caused by the Planned Unit Development on the street and highway
systems.
9. Architectural drawings. Preliminary architectural drawings for all primary buildings and
accessory buildings shall be submitted which include:
a. Typical elevations (front, rear and side) for proposed residential and nonresidential
buildings, which identify materials and color styling proposed for all elements of the
building.
b. Proposed building heights.
c. Roof plan for all nonresidential structures, which shows the proposed location of all roof
mounted mechanical equipment.
10. Development Plan Schedule indicating:
a. Stages in which the project will be built, with emphasis on area, density, use of public
facilities, and open space to be developed with each stage.
b. Each stage as a separate unit. The unit shall be described and mapped on the project.
Overall design of each unit shall be shown on the plan and through supporting graphic
materials.
c. Dates for beginning and completion of each stage.
11. The Plan Commission or City Council may require preparation and submittal, at the
petitioner's expense the following for review and evaluation:
a. Fiscal impact study, detailing the estimated cost which the Planned Unit Development
will have on all taxing bodies, and anticipated revenues to such taxing bodies which will
be realized from each phase of development. Information shall include detailed estimates
on:
1) Expected population of the development;
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2) Impact on service and/or operating costs to be incurred by each taxing body as a
result of the development;
3) Any major capital investments required, in part or in whole, by each taxing body
due to the development;
b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws.
c. Environmental analysis or study, prepared by an environmental specialist, which analyzes
the major impacts the Planned Unit Development may have on the environment
including, but not limited to, the effects on discrete ecosystems, deteriorated air quality in
the immediate vicinity and along arterial and collector roadways leading to the Planned
Unit Development from a specified distance determined by the City Engineer or
consultant; any deterioration in the groundwater or surface water quality; effect on
sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas, historic
buildings or structures, prairie landscapes, and mineral resource reserves.
d. Market study indicating the extent of market demand for the uses proposed in the Planned
Unit Development including an analysis of demographics, sales potentials, competitive
alignment, an assessment of the market share or opportunity gaps, and marketing
positioning of each component of the Planned Unit Development.
C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall
distribute copies of the application and supporting documentation to members of the staff
Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat
and supporting documentation and make a recommendation to the Plan Commission as to the
proposal's compatibility with the city's planning objectives, transportation plan, recreation
master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and
other goals and policies for developing the city.
D. Plan Commission Review: The Plan Commission shall conduct a public hearing in
accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan
Commission shall recommend to the City Council approval or denial of the Preliminary
Planned Unit Development Plat. The recommendation may include conditions of approval
intended to be incorporated into final plans and supporting documentation.
E. Park Board Representative: When applicable for the Park Board's review of the Preliminary
Planned Unit Development Plat and supporting documentation, the Park Board shall have a
representative present at the Plan Commission public hearing meeting for input and
recommendation to the City Council. The recommendations may include conditions of
approval intended to be incorporated into final plans and supporting documentation.
1) Park Board Representative's Purview (If Applicable): The Park Board Representative
shall consider the following standards when considering the Preliminary Planned Unit
Development Plat and supporting documentation:
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a. Compatibility of the proposal with the recreation master plan and park
development standards,
b. Layout and organization of the open space system, and
c. Compliance with the city's land-cash ordinance for parks.
F. City Council Review: Subsequent to receiving the Plan Commission and Park Board
representative recommendations, the City Council shall conduct a public meeting and shall
approve or deny the application for the Preliminary Planned Unit Development Plat.
10-13-8: FINAL PUD PLAT:
A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the
Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and
approval by the city. The purpose of the Final PUD Plat submission is to designate and depict
with particularity the land subdivided into lots, whether conventional or otherwise, common
open space and building areas. The Final Plat shall also designate and limit the specific
internal uses of buildings, structures, and uses of land, as well as provide any additional
information or details required by the City Council when approving the Final PUD Plat.
B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the
applicant shall file an application with the Clerk's Office for Final Planned Unit Development
Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13"
envelope and two (2) electronic copies of the following documentation:
1. A completed notarized application form, two (2) originals and the remainder photocopies.
2. The application shall be accompanied by the appropriate filing fees.
3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at
a minimum, the following information:
a) An accurate legal description of the entire area under the immediate development
within the Planned Unit Development.
b) A subdivision plat of all subdivided lands in the same form and meeting all the
requirements of the Yorkville Subdivision Control Ordinance and Municipal
Code.
c) An accurate legal description of each separate unsubdivided use area, including
common open space.
d) Designation of exact location of all buildings to be constructed, and a designation
of the specific internal uses to which each building shall be put, including
construction details.
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e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and
a proposed street numbering designation shall also be furnished for each building.
f) Construction plans detailing the design, construction or installation of site
amenities; including buildings, landscaping, storm water detention facilities and
other site improvements.
g) Certificates, seals, and signatures required for the dedication of land and
recording of the document.
h) Tabulations on each separate unsubdivided use area, including land area, number
of buildings, and number of dwelling units per acre.
i) Construction schedule—A final construction schedule indicating:
i. Stages in which the project will be built, with emphasis on area, density, use
of public facilities, and open space to be developed with each stage.
ii. Each stage as a separate unit. The unit shall be described and mapped on the
project. Overall design of each unit shall be shown on the plan and through
supporting graphic materials.
iii. Dates for beginning and completion of each stage.
4. Common Open Space Documents: All common open space, at the discretion of the City
Council, shall be:
a) Conveyed to a city or public corporation, or conveyed to a not-for-profit
corporation or entity established for the purpose of benefiting the owners and
residents of the Planned Unit Development or adjoining property owners of
any one or more of them. All lands conveyed hereunder shall be subject to
the right of the grantee or grantees to enforce maintenance and improvement
of the common open space; or
b) Guaranteed by a restrictive covenant describing the open space and its
maintenance and improvement, running with the land for the benefit of
residents of the Planned Unit Development or adjoining property owners
and/or both.
c) Such documents shall also provide that the city shall have the right, but not
the obligation, to perform necessary maintenance of the common open space,
and shall have the authority to place a lien against the individually-owned
property in the Planned Unit Development for the costs thereof.
5. Public and Quasi-Public Facilities — Guarantee of Performance: All public and quasi-
public facilities and improvements made necessary as a result of the Planned Unit
Development, including but not limited to, parks, schools, recreational areas, etc., shall
guarantee the completion of such, as set forth in the Yorkville Subdivision Control
Ordinance, except where varied by the approved Final Plat.
6. Final covenants, conditions and restrictions and/or homeowner association bylaws.
Ordinance No. 2012- 161
Page 17
7. Delinquent Taxes — A certificate shall be furnished from the County Tax Collector that
no delinquent taxes exist and that all special assessments constituting a lien on the whole,
or any part, of the property of the Planned Unit Development have been paid.
C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall
distribute copies of the application and supporting documentation to members of the Plan
Council. The Plan Council shall review the Final Planned Unit Development Plat and
supporting documentation and make a recommendation to the Plan Commission as to the
proposal's compatibility with the city's planning objectives, transportation plan, recreation
master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and
other goals and policies for developing the city.
D. Plan Commission Review: The Plan Commission shall conduct a public hearing in
accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan
Commission shall recommend to the City Council approval or denial of the Final Planned
Unit Development Plat. The recommendation may include conditions of approval intended to
be incorporated into final plans and supporting documentation.
E. Park Board Representative: When applicable for the Park Board's review of the Final
Planned Unit Development Plat and supporting documentation, the Park Board shall have a
representative present at the Plan Commission public hearing meeting for input and
recommendation to the City Council. The recommendations may include conditions of
approval intended to be incorporated into final plans and supporting documentation.
1) Park Board Representative's Purview (If Applicable): The Park Board Representative
shall consider the following standards when considering the Final Planned Unit
Development Plat and supporting documentation:
a.Compatibility of the proposal with the recreation master plan and park
development standards.
b. Layout and organization of the open space system.
c.Compliance with the city's land-cash ordinance for parks.
F. City Council Review: Subsequent to receiving the Plan Commission and Park Board
recommendations, the City Council shall conduct a public meeting and shall approve or deny the
application for the Final Planned Unit Development Plat.
10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD:
After the approval of the Final Planned Unit Development Plat, the use of land, construction,
location of buildings and structures in the Planned Unit Development shall be developed in
accordance with such approved plans, rather than by any other provisions of the zoning
ordinance. Any changes, modifications or alterations to the approved Final Planned Unit
Development Plat shall be considered either a minor or a major modification.
Ordinance No. 2012- 1 q
Page 18
No changes may be made to the approved Final Planned Unit Development Plat unless
approved by the city. The nature of the requested change, either minor or major, to the
Planned Unit Development will be determined by the City Administrator, or designee, as
follows:
A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions
that do not alter the overall intent of the PUD. Minor changes may be approved by the
City Administrator, or designee if the proposed modification does not result in any of
the following:
i. An increase or decrease in overall density greater than five percent (5%).
ii. An increase or decrease in the mixture of residential dwelling unit types greater
than five percent (5%).
iii. An increase or decrease in area for any land use or land use mixture greater than
five percent (5%).
iv. An increase or decrease in total number of parking spaces greater than five
percent (5%).
v. Any reduction in area of common open space, landscaping or buffering,
particularly when reduced below the minimum standard prescribed in Section
10-13-11: Development Standards and Design Criteria.
vi. Any significant changes in building layout, orientation or height of buildings.
vii. A change in the functional classification of a roadway.
Minor changes not approved by the City Administrator may be appealed by the
applicant or property owner to the City Council without review and recommendation
by the Plan Commission or Park Board Representative (when applicable), unless the
City Council refers the request for a minor change to the Plan Commission or Park
Board Representative (when applicable) for review and recommendation.
B. Major Changes: Major changes to the Final PUD Plat are modifications which alter
the concept or intent of the approved PUD exceeding the criteria set forth constituting
a minor change. Major changes to the Final PUD Plat shall be subject to review and
recommendation by the Plan Commission and Park Board Representative (when
applicable) with final approval or denial determined by the City Council.
C. Application for PUD Modification or Changes: For any modifications or changes
resulting in an amendment to an approved Final PUD Plat, the applicant shall submit
a revised plat and supporting data with an application for a major or minor change to
the Clerk's Office in accordance with the following:
i. The title of the plat shall indicate the nature of the change.
Ordinance No. 2012-A
Page 19
ii. If a major change, the revised plat and supporting data with an application shall
be submitted to the Clerk's Office not less than forty five (45) days before the
Plan Commission meeting.
D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved
Final PUD Plat shall conform to the requirements of Section 10-4-10: Amendments
of this Title.
E. All approved major or minor changes to an approved Final PUD Plat shall be
recorded with the County and shall be binding on the applicants, their successors,
grantees and assigns and shall govern the development of the PUD, as set forth
therein.
10-13-10: CONDITIONS FOR APPROVAL:
The Plan Commission may recommend approval of a Special Use for Planned Unit Development
or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed
development or amendment upon considering the following:
A. In what respect does the design of the Planned Unit Development meet the requirements and
design standards of the development standards and design criteria,
B. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations
in the zoning ordinance and how the modifications in design standards from the subdivision
control regulations fulfill the intent of those regulations.
C. The extent of public benefit produced by the Planned Unit Development, such as but not
limited to, the adequacy of common open space and/or public recreational facilities provided;
sufficient control over vehicular traffic; provision of public services; provision and protection
of the reasonable enjoyment of the land.
D. The relationship and compatibility, beneficial or adverse, of the Planned Unit Development to
the adjacent properties and nearby land uses.
E. The extent to which the Planned Unit Development fulfills the objectives of the future
planning objectives or other planning policies of the City.
F. The Plan Commission finds that the Planned Unit Development satisfactorily meets the
standards for Special Use as defined in Section 10-4-9 of this Title.
10-13-11: DEVELOPMENT STANDARDS AND DESIGN CRITERIA:
A. Purpose: The purpose of this section is to establish and provide a comprehensive set of
standards and guidelines in which Planned Unit Developments are designed. While specific
recommendations for development and design are provided, flexibility is also encouraged
Ordinance No. 2012- 1 C)
Page 20
through guidelines which enable individual developments to be distinct from one another
while maintaining the inherent character of the city.
B. Applicability: These standards and established criteria shall apply to all newly constructed
buildings and sites within a Planned Unit Development. Each proposed development will be
evaluated on its compliance with the established regulations/guidelines contained herein.
C. Density: The density, minimum lot size and minimum setback dimension for each use
proposed within a PUD shall be determined by the conventional zoning classification which
would permit the proposed use unless a variance is specifically requested as part of the
Special Use request.
D. Use Regulations: Planned Unit Developments may be comprised of a single-type of land use
or a mixture of land uses when applicable and when different intensity of land uses are
appropriately buffered or separated.
1. Uses proposed shall be consistent with those listed as allowable uses in the respective
zoning districts.
2. Uses listed as special uses in the zoning district in which the development is located may
be allowed.
E. The Plan Commission may recommend and the City Council may approve access to a
dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such
dwelling shall be located not more than two hundred feet (200') from the dwelling served.
F. The Plan Commission also may recommend and the City Council may approve yards of
lesser widths or depths than required for permitted uses in the zoning classification which the
planned development is including, provided:
1. Those protective covenants are recorded with perpetual access easements and off street
parking spaces for use by the residents of the dwellings served.
2. That spacing between buildings shall be consistent with the application of recognized
site planning principles for securing a unified development and that due consideration
is given to the openness normally afforded by intervening streets and alleys.
3. The yards for principal buildings along the periphery of the development shall be not
less in width or depth than required for permitted uses in the district in which the
planned unit development is included and the plan is developed to afford adequate
protection to neighboring properties, i.e. fire protection and sufficient area needed for
utility easements, as recommended by the Plan Commission and approved by the City
Council.
Ordinance No. 2012-___q_
Page 21
G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord.
2009-28), as amended, and the Section 7.00 Design Standards of the United City of Yorkville
Subdivision Control Ordinance's shall apply to all Planned Unit Developments.
10-13-12: FEES:
The approved charges and expenses for development fees, application fees, review fees and
deposits for matters pertaining to this chapter shall be established by the City Council. These fees
shall be approved by ordinance with a copy filed in the clerk's office and may be altered or
amended from time to time, but only by City Council approval. Until all applicable fees, charges
and expenses have been paid in full, no action shall be taken on any application or appeal.
10-13-13: EFFECTIVE PERIOD OF PLANNED UNIT DEVELOPMENT:
A. The planned unit development shall be constructed in a timely manner. The planned unit
development shall be subject to revocation under the following conditions:
1. Final Plat approval does not occur within twelve (12) months from the date of approval
of the preliminary plat of a planned unit development.
2. Construction does not commence and proceed within three (3) years from the date of
approval of the Final Plat of a Planned Unit Development.
3. The City Council may extend the time limits for Final Plat approval for no more than two
(2) 12-month periods. Commencement for construction may also be extended by the City
Council in one (1) year increments.
B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit
Development is to be constructed may apply for the revocation of the Planned Unit
Development. The owner shall be notified, in writing, at least thirty (30) days prior to the
City Council's consideration of the revocation if initiated by the City Council.
C. The City Council shall consider, but not be limited to, the following standards in the review
of the status of the project construction to determine whether there is reasonable cause for
delay:
1. The original program of development with regard to market demand for the
components included in the final plan;
2. Conditions in the real estate finance market;
3. General economic conditions in the local area, state or region;
4. The ability and purposefulness of development operations for the Planned Unit
Development; and
Ordinance No. 2012- �q
Page 22
5. Laws, ordinances or other regulations that may have affected timely development
of the project.
D. Upon consideration of the findings by the City Council regarding the standards in Subsection
10-13-14-C, the City Council shall decide whether:
1. To revoke those portions of the Planned Unit Development for which construction
has not begun;
2. To extend the time allotted for construction to commence based upon a revised
schedule of construction, or
3. To require special changes in the Planned Unit Development as a condition of a
time extension, whereby such changes shall be deemed a "major change" to the
Planned Unit Development.
E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the
permitted uses and other regulations of the underlying zoning district of which it is a Special
Use unless an amendment or other Special Use is initiated by the City Council or is applied
for by the owner of the parcel of land on which the Planned Unit Development was to be
constructed and granted by the City Council."
Section 2. Each section, clause and provision of this Ordinance shall be considered as
separable, and the invalidity of one or more shall not have any effect upon the validity of other
sections, clauses or provisions on this Ordinance.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2012.
CITY CLERK
ROSE ANN SPEARS �� DIANE TEELING Jf
GEORGE GILSON JR. JACKIE MILSCHEWSKI
CARLO COLOSIMO \� MARTY MUNNS
l
CHRIS FUNKHOUSER LARRY KOT
Ordinance No. 2012-�
Page 23
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
o?8 day of J td 4F— 2012.
MA R
Ordinance No. 2012- ILI
Page 24