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Zoning Commission Packet 2011 01-26-11 United City of Yorkville '`'` 800 Game Farm Road EST. , _ 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-4350 a p� Fax: 630-553-7575 C <tE '►ww AGENDA ZONING COMMISSION MEETING Wednesday, January 26, 2011 7:00 P.M. Parks & Recreation Administration Office 201 W. Hydraulic 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of November 17, 2010 meeting minutes 5. Old Business: a) Continued Review and Commentary of Previously Revised Zoning Chapters • Chapter 2: Rules and Definitions—pages 3 and 16 • Chapter 3: General Zoning Provisions—pages 27, 30 and 31 • Chapter 4: Zoning Administration—pages 33, 34, 39, 41, 42, 43 and 46 • Chapter 5: Zoning Districts and Maps—pages 40 and 41 • Chapter 6: Permitted and Special Uses—pages 1 and 5 6. New Business: a) Review and Commentary • Chapter 7: Dimensional and Bulk Regulations • Chapter 8: Planned Unit Developments 7. Adjournment 8. Next meeting date: February 23, 2011 UNITED CITY OF YORKVILLE ZONING COMMISSION Wednesday, November 17, 2010 7:00pm Parks & Recreation Administration Office 201 W. Hydraulic Ave. Minutes for the November 17, 2010 meeting will be provided at the next regularly scheduled Zoning Commission meeting. Memorandum EST. 1836 --�- To: Zoning Ordinance Commission pFrom: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator <LE ��'� Date: January 21, 2010 Subject: Zoning Ordinance Update—OLD & NEW BUSINESS ITEMS Per the discussion and recommendation of the Zoning Commission at the November 17th meeting and a further review by the City Attorney, the following subsequent revisions of the previously reviewed chapters are proposed for consideration. Please note only the pages that have been revised are attached: Chapter 2: Rules and Definitions • Page 3 inserted the word "not" in Section 10-2-2.1-1 to read "Words or terms contained in this Title which are not defined hereafter, shall assume definitions are prescribed in the most current edition of the Merriam-Webster unabridged dictionary." • Page 16 removed the following sentence from the definition of RECREATION VEHICLE, "Recreational vehicles shall include any mobile structure designed for temporary occupancy, but shall exclude mobile or manufactured homes." This Chapter regarding definitions will need to be revised throughout the review process, as the updating of each Chapter may include new terminology. Chapter 3: General Zoning Provisions • Page 27 regarding "laundry drying equipment". • Page 30-31 regarding Section 10-3-10: Home Occupations. Chapter 4: Zoning Administration • Page 33 regard duties and authority of the zoning administrator. • Page 34 removed "Plan Commission" from Section 10-4-3.13.6 regarding enforcement duties for the Zoning Officer. • Page 39 removed the word "elected" with reference to the phrase "elected members of the City Council". • Page 41 regarding the following: • Inserted the words "or near" in Section 10-4-9.F.2. • Removed requirement that special uses are to conform to the other applicable regulations of the district it is located, except those modified by the city council pursuant to the plan commission's recommendation. This was reviewed by the city attorney's office and deemed not necessary to state, as it is already implied in the special use process. ■ Removed the word"above" at the end of Section 10-4-9.G.1. • Page 42 capitalization of"Plan Commission" in Section 10-4-10.B.1. • Page 43 removed language regarding "with a minimum of three (3) concurring votes" per Zoning Commission direction. The revised language was reviewed by the city attorney's office which concurred with removing this specific language, as it could lend itself to having the vote of the majority present overruled if three (3) concurring votes are in opposition. • Page 46 removed the sentence "Written application for a certificate of occupancy for a new building permit or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building." Chapter 5: Zoning Districts and Maps • Page 40 inserted the phrase "latest edition of the Zoning Map". • Page 41 — Staff was asked to research examples within the community that currently apply to Section 10-5-3.0 which states as revised "Where a lot held under single ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet (25')." The following are existing lots within Yorkville divided by a zoning district boundary line or "split zoned" were this regulation currently applies (refer to attached zoning map images): 1. A ±122-acre lot located east of Eldamain Road and north of Corneils Road across from the Lincoln Prairie development (Konicek Property) was annexed in 2000 and is currently split- zoned M-1 Limited Manufacturing District and M-2 General Manufacturing District. The property is currently undeveloped. 2. A ±0.45-acre lot located at 1210 Sunset Avenue annexed in 1971 as part of the Countryside Development is currently split-zoned B- 2 General Business District and R-2 One-Family Residence District and currently used for residential. 3. A ±0.753-acre lot located at 328 E. Van Emmon Street petitioned for and was approved for rezoning in 1998. It is currently split- zoned R-2 One Family Residence District and B-4 Business District Special Use and utilized for a residential dwelling and radiator repair business. Chapter 6: Permitted and Special Uses • Pages 1 and 5 regarding designation of certain permitted and special uses by category. Staff was also asked to provide additional research with regard to permitted and special use designation for religious institutions. Please refer to the attached opinion from the City Attorney regarding land use protections per the Religious Land Use and Institutionalized Persons Act(RLUPIA). Chapter 7: Dimensional and Bulk Regulations • Dimensional and Bulk Regulations table was revised to include the Open Space (OS) zoning district and associated setbacks and maximum height requirements. Chapter 8: Planned Unit Developments (PUD) The most significant proposed change to this chapter is the reversion back to establishing a Planned Unit Development as a Special Use rather than a district. This is in conformance with 65 ILCS 5/11-13-1.1 of the Illinois Statutes. The attached proposed revisions to the Planned Unit Development Ordinance adopted in 2006 reorganizes the sections and add review/approval provisions which address current issues faced with development stalls in a slow economy. There is also an added provision which now requires the approval of a Final Plat for Planned Unit Developments. Staff is seeking the feedback on a proposal to allow for an alternative or "fast track" review process for those Planned Unit Development plans which forwards the city's official development policies (i.e., Comprehensive Plan, Integrated Transportation Plan, etc.); seeks limited zoning variances; and exceeds the standards and regulations of other ordinances (Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guideline Ordinance, etc.). This can be accomplished by using a scorecard or point system which will rank and give points based upon how the proposed PUD Plan meets or exceeds the criteria of the plans and ordinances mentioned previously. If the plan scores high enough, the petitioner can shorten the review process from four (4) steps to either two (2) or three (3) steps by having the Preliminary PUD Plat and Final PUD Plat review occur concurrently. Staff proposes the Plan Council makes the determination if the PUD plan qualifies for the "fast track" during the Concept Plan review process. of ' C j �`rcow iiii % %� /, >. �j��� : ' / -.. ✓r..�' .�1// /fir: /� e _ j j � • / Y.. n n � M U ox From: Jim W. Binninaer To: Krysti Barksdale-Noble Subject: RLUIPA Date: Wednesday,December 01,2010 11:50:28 AM Krysti, After our conversation regarding the issue of the zoning classification for churches, you requested that I forward my comments on the issue of the Religious Land Use and Institutionalized Person Act (RLUIPA) and how churches should be classified in the Zoning Code. RLUIPA is a federal statute that was intended in the religious land use context to protect individuals, houses of worship and other religious institutions from discrimination in zoning laws. The statute has both a "substantial burden" provisions and a "non-discrimination" provision. The substantial burden provision requires land- use regulations that substantially burden religious exercise to be the least restrictive means of advancing a compelling governmental interest. The non-discrimination provision prohibit land-use regulations that either disfavor religious uses relative to non-religious uses or unreasonably exclude religious uses from a particular zoning district. Recent cases, like the case involving the Village of Hazel Crest, have developed a test that provides that a zoning regulation will violate the non-discrimination provision only if it treats religious assemblies or institutions less favorably than secular assemblies or institutions that are similarly situated as to the regulatory purpose. An example of what the courts find to violate this Act is when a zoning ordinance prohibits churches in commercial zones because they are tax-exempt and do not provide sales taxes to the municipality but allow other clubs or assembly uses in that zone that are also tax exempt. This is not the case in the Zoning Code as churches and other assembly uses are both allowed in Yorkville's commercial zones. It would also be a problem if churches were special uses in the commercial zones and other assembly uses were permitted. The issue in the draft Zoning Code is how churches are allowed in residential zones. Currently they are allowed as special uses. This by itself is not a problem, but we need to look at how other assembly uses are regulated in residential zones. Currently clubs/lodges, health clubs/gymnasium, recreation center, stadium and theaters and not permitted in residential zones. Therefore, a religious use that is allowed as a special use could not use those assembly uses as examples of unequal treatment because they are at least allowed as a special uses and the other uses are not allowed. The concern is how the Zoning Code classifies community centers. Community centers are assembly uses and very similar to churches but community centers are allowed as permitted uses in residential zones. This is a problem as a church could reasonably argue that such a similar use is allowed as a permitted use when they have to apply for a special use. This would be a very good argument that the Zoning Code violates RLUIPA by treating churches less favorably than non-religious assembly uses. The City would be required to show how this was not discrimination based on valid regulatory criteria. Therefore it would be my recommendation to change community centers to special uses to match the classification of churches. Please advise if there are additional questions. Jim Binninger Kathleen Field Orr and Assoc. CHAPTER 2 Rules and Definitions 10-2-1: GENERAL: In the construction of this Title,the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. 10-2-2:RULES: A. Words used in the present tense shall include the future;words used in the singular number shall include the plural number,and the plural the singular. B. The word"shall"is mandatory and not discretionary. C. The word"may"is permissive. D. The word"lot"shall include the words"plot","piece","parcel';the word"building":.,,a.des'"other R--f e4l,ery kind regardless of similarity to buildifigs;and the phrase"used for"shall include the phrase "arranged for","designed for","intended for","maintained for",and"occupied for". E. All measured distances shall be expressed in feet,unless otherwise indicated,and shall be calculated to the neafesr next integral foot. F. If any calculation results in a fraction,the next integral number shall be taken. G. In cases where there is a conflict between the text of the zoning ordinance and a table or figure of this zoning ordinance,the provisions that are expressed in the text shall apply. 10-2-3:DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. ABUTTING:To have a common property line or zoning district. ACCESSORY BUILDING or USE:An"accessory building or use"is one which: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area,extent or purpose to the principal building or principal use served. 3. Contributes to the comfort,convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the same lot and in the same zoning district as the principal use. ACRE:A measure of land containing forty three thousand five hundred sixty(43,560)square feet. 3 RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure and bearing recreational vehicle registration license plates. Examples include but are not limited to,travel sailers,motor homes, boats,snowmobiles,and all-terrain vehicles. Recreational vehicles shall include any mobile structure designed for temporary occupancy,but shall exclude mobile or manufactured homes. RECREATION CENTER: A building or structure used as a place of recreation,generally open to the public and designed to accommodate and serve significant segments of the community. REFUSE:All waste products resulting from human habitation,except sewage. RELIGIOUS INSTITUTION,LARGE: A building,having 400 or more seats or larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place for worship and religious activities. RELIGIOUS INSTITUTION,SMALL: A building,having 400 or fewer seats or no larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple,mosque or other such place for worship and religious activities. RESEARCH LABORATORY:A building or group of buildings in which are located facilities for scientific research,investigation,testing or experimentation,but not facilities for the manufacture or sale ofproducts,except as incidental to the main purpose of the laboratory. RESIDENCE:The act or condition of residing or dwelling in a place. REST HOME:See definition of"Nursing Home". RESTAURANT:Any land,building or part thereof where meals are provided for compensation,including a cafe, cafeteria,coffee shop,lunchroom,drive-in stand,tearoom and dining room,and including the serving of alcoholic beverages when served with and incidental to the serving of meals,where permitted by local option. RESTAURANT, CONVENIENCE: An establishment commonly referred to as "fast casual" dining with the following characteristics:(a)limited menu items are made-to-order and are prepared only upon request;(b)food is either ordered and picked-up at a counter or served at the patrons table in a limited dine-in area;and(c)usually part of a chain or franchise establishment. RESTAURANT,FAST FOOD:A quick service restaurant with the following characteristics:(a)typically includes drive-through service:(b)limited menu items consisting of pre-packaged or quickly prepared food items:(c)food is ordered and picked-up at a counter with no table service provided;(d)limited dine-in area;and(4)usually part of a chain or franchise establishment. RETAIL STORE: A building or portion of a building providing area for the selling of new or used goods,wares, merchandise directly to the consumer for whom the goods are furnished. RINGELMANN CHART:A chart which is described in the U.S.bureau of mines information circular 6888,and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. RINGELMANN NUMBER:The number of the area on the Ringehmann chart that coincides most nearly with the visual density of smoke emission. ROADSIDE STAND: A temporary structure which is used solely for the display or sale of farm produce and 16 a.Open terraces not over four feet(4')above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; b.Awnings and canopies adjoining the principal structure not exceeding three feet(3')or less into required yard; c.Steps four feet(4')or less above grade which are necessary for access to a zoning lot from a street or alley; d.Chimneys projecting eighteen inches(18")or less into the yard; e.Arbors and trellises; f.Landscaping as regulated in Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3- 2E of this Title. g.Flagpoles. h.Fences as regulated in Chapter 19 Fences,Screens and Walls of this Title. 2.In Front Yards: a.One story bay windows projecting three feet(3')or less into the yard; b.Ornamental light standards; c.Overhanging eaves and gutters projecting three feet(3')or less into the required yard. 3.In Rear Yards: a.Enclosed,attached or detached off-street parking spaces; b.Open off-street parking spaces, c.Accessory Buildings and Structures as regulated in Section 10-3-5 of this Title. d.Balconies,breezeways,open porches,and one-story bay windows projecting three feet(3')or less into the required yard: e.Overhanging eaves and gutters projecting three feet(3')or less into the required yard. e£Recreational equipment and latindr- an ing clotheslines/racks; 4.In Side Yards: a.Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%)of the required yard width,but in no case exceeding thirty inches(30"); b.Air-conditioning units for a distance not exceeding ten percent(10%)of the required yard width,but in no case exceeding twelve inches(12"). 27 2.Parking and use of trailers for temporary offices or storage uses incidental to and only for the period of time of construction of a building provided such trailers are located on the same or contiguous lot as the building being constructed. 3.Travel trailers permitted for temporary parking shall be stored as required in Section 10-3-7B of this Title. DF. Tents:Tents shall not be erected,used or maintained on any lot,except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling.Temporary use of tents for religious,amusement and recreation,business or manufacturing purposes shall be permitted-allowed when a permit has been issued for such use by the zoning�drainis ratomfficer. Comment[KNoble9]:ibid. EG. Boats:Boats may be parked or stored in the open when in the operation of a lawfully established principal use,and one boat may be stored or parked on a lot containing a dwelling;provided,that it shall be located within the buildable area or in a rear yard and no major repair,disassembly or rebuilding operations are conducted thereon.(Ord.1973-56A,3-28-1974) 10-3-9:OERFORMANCE STANDARDS: Comment[KNoble10]:Is this the appropriate location for general comments regarding The performance standards for the M-1 manufacturing district as set forth in section 10-8-1 of this title,noise, Performance standards.would it be more beneficial smoke,odorous matter,vibration,toxic or noxious matter,glare or heat,fire and explosive hazards,shall also apply to move this section to within the actual Residence g p pp y and Business District chapters as a separate to all residence or business districts. subsection,similar to the structure of the Estate District?(Section 10-6A-7:Performance Standards) 10-3-10:NOME OCCUPATIONS - Comment[KNobleii]:section revised by staff �10 update the regulations of home occupations to The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the take into consideration contemporary application. residential character of the surrounding residential uses.Any gainful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district.Any such use existing on the effective date of this Zoning Ordinance shall be subject to provisions of Chapter 17 for the elimination of nonconforming use. In all residence districts,any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by°mem-h °P'"°famil•residing in thethe residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for dwelling residential purposes. B. It is not conducted from a detached or attached accessory building,or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than on ou lW a) twenty-five percent(25%)of the floor area,including else-the lookout basement,of the dwelling is-shall be devoted to such home occupation.If more than one(1)home occupation is operated in a residence,the combined total square footage devoted to all such home occupations shall not exceed twenty- five percent(25%)of the floor area of the dwelling_ C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling,except one nameplate,no more than one square foot in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted only b ~ ` - `'`°`~' -°°a~° ~'" ~~°~°°°residents of the dwelling, plus only one additional person,Wheth°°Or n°'a m-ember Rf Such F milt'not livin on n the premises. 30 E. No electrical or mechanical equipment is used,except such as is customarily used for purely domestic or household purposes. F. The home occupation shall not generate traffic or deliveries beyond what is normally expected in the zoning district in which it is located and off-street parking for the occupational use shall be in accordance with the provisions of Chapter 18:Off-Street Parking and Loading of this Title. F. the premises that reqUiFe reeeipt or EleliveFy of merehandise,goods or e"ipment by othA.t!....U.S.lette.: P.aFFip.r mail sen4ee or the passenger automobile of the person eonducting the home oceupation. G Limited amounts of goods,commodities or stock in trade shall be received,retained,used or stored on,or physically transferred from the premises.Jobbing,wholesale or retail businesses,unless conducted entirely by mail,electronically or telephone,is prohibited. (j. A home oeoupation eondueted by a professional person shall be only for Consultation,ifistruetion or «erf.-. anee of religious rite,. b t not for the general praetiee of the fo f..sign Comment[KNoblel2]:This revision was removed per the ZC discussion at the 10/27/10 H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling meeting. and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling,and not more than one pupil at one time in any other type dwelling unit. I. No permitted home occupations)shall interfere with the reasonable use and enjoyment of adjacent residential properties,such as,but not limited to,those home occupations that create any form of electro- magnetic interference or cause fluctuation in line voltage outside of the dwelling the home occupation is conducted. J. The home occupation does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district. K. The home occupation does not involve any illegal activity. L. In-Home Daycare/Childcare Services are permitted as home occupations subject to the following provisions: 1.Any person operating an in-home daycare/childcare service is required to obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service. 9.Any person operating an in-home daycare/childcare service is also required to obtain an operational permit from the Bristol Kendall Fire District. Comment[KNoble13]:Note:This revision is based upon current discussion of proposed 3.In-home daycare/childcare services are limited to no more than twelve(12)children under the age of amendments to the city's building code and is twelve(12)at any one time,or obtain special use permit approval for additional children pursuant to subject to change. Chapter 6 of this Title. M. The following home occupations are prohibited: 1.Manufacturing business 2.Medical clinic or hospital 3.Animal hospital or kennel(animal ogr oming services are permitted) 31 A.jZoning Administrator:The Director of the Department of Community,Development of an appointee shall be the zoning administrator. Acting in this capacity, the Director of the DenaMnant of Community___ Comment[KNoblel]:per the zc discussion at Development shall administer the provisions of this Title. the 10/27/10 meeting,removed the reference to "authorized appointee". B._Duties: The Zoning Administrator and sueh Oeptities or assistants �s have been, of shall , is duly — Comment[KNoble2]:ibid. appointed and shall enforce the zoning regulations and-in addition thereto, and in furtherance of such authority,shall: 1.Identify all nonconforming structures and uses. 2.Forward to the Plan Commission applications for amendments to the zoning Title text or map, special uses and County mile and one-half reviews. 3.Forward to the Zoning Board Appeals applications for appeals and variances. 4.Forward applications,site plans and related information to the Plan Council in all cases which require plan reviews as defined in Section 10-4-4 of this Chapter, and as required in specific zoning districts under the provisions of this Title. 5.Interpret the zoning regulations when questions arise,including: a. Determine which uses, though not contained by name in a zoning district list of permitted uses,are of the same general character and permit their establishment. b.Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6.Maintain permanent and current records of the zoning ordinance,including but not limited to, all maps,amendments,variations,appeals,and publications thereof. 7.Assist in providing public information relative to all matter pertaining to this Title and open records for public inspection,as deemed required by law. 8. Initiate, direct, and review, from time to time, a study of the provisions of this Title and administrative record of variances and appeals,and make reports of his/her recommendations to the City Administrator and the appropriate Board or Commission. 9. Administer the comprehensive plan and make interpretations of provisions which pertain to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City's general policies,and community need or benefit. 110.Delegate other duties as may be placed upon him/her by this Title. Comment[KNoble3]: shall remain,per 2c discussion at the 10/27/10 meeting. 10-4-3:ENFORCEMENT: A. Zoning Officer:The Chief Building Code Official,hereinafter referred to as the'officer",is designated as the zoning officer of the city. B. Duties:The Zoning Officer shall,with the exception of interpretations unless otherwise authorized,be responsible for enforcing this Title.Said officer shall have the power and shall see that the provisions of this Title are properly enforced and in furtherance of such authority,shall: 33 A. To hear and report findings and recommendations to the Mayor and City Council on all applications for text amendments,map amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate,direct and review,from time to time,studies of the provisions of this title,and to make reports of its recommendations to the n3ayefMayor and eity-eeune-i Q!y Council not less frequently than once each year. C._To hear and deeide-make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this title. D. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the city. 10-4-6:ZONING BOARD OF APPEA ZONING BOARD OF APPEALS: The City Zoning Beafd of Appeals Zoning Board of Appeals,which has been Only created�y the mayerMavor as Comment[KNoble8]:ibid. defined in Section 2-2-1 of the City Code,shall have the authority,responsibility and duties as set forth herein and as follows: A. To hear and decide appeals from any order,requirement,decision or determination made by the zoning administrator or officer under the zoning regulations of this code. B. To hear and pass upon applications for variations from the terms provided in the zoning ordinance in the manner prescribed by and subject to the standards established therein. C._To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. D. To enforce and make all decisions under the sign ordinance. Comment[KNOble9]:Relocated under new Section 10-4-12:Permits and Certificates --ut Required:No building or suoeturp shall he erected,reconstructed,enlarged or moved Permit Shall have been app!Od fiar in WFiting and issood by the effieeP.Said permit shall be -2.Gomplift"00'With other infomat! J a d A.rr,nXIFIG♦Tr. ()r, OC=GUn♦P�rnv. Comment[KNoble10]:Relocated under new Section 10-4-12:Permits and Certificates 35 h- 2.The concurring majority vote of the Zoning Board of Appeals members shall be necessary to grant a variation. 3. Variations other than those listed may be granted by the City Council,but only after a public hearing as set forth herein for an authorized variation.The concurring vote of two-thirds C/O bf all "-°°'��'°a«°a members_Jof the City Council shall be necessary to reverse the recommendations of the — Comment[KNoble13]:Term"elected"with Zoning Board of Appeals. reference to"elected official"or"elected member" has been removed throughout revised ordinance, E. Action of the Zoning Board of Appeals: per ZC discussion at the 10/27/10 meeting. 1.The Zoning Board of Appeals,on those matters defined as authorized variations,shall render a decision of approval,approval with conditions,or disapproval based upon the findings of fact as defined in subsection C of this Section for final action. 2. The Zoning Board of Appeals, on all other variations which shall be granted by the City Council,shall make recommendations to the City Council for approval,approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action or for referral back to the Zoning Board of Appeals for further consideration. F. Revocation:Where a variation has been granted pursuant to the provisions of this Chapter,such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance,unless extended by the Zoning Administrator. 10-4-8:APPEALS: A. Purpose:An appeal may be taken to the Zoning Board of Appeals from any order,requirement,decision or determination made by the Enforcing Officer, by any person aggrieved by the action taken under the regulations of this Title. The Zoning Board of Appeals shall hear the appeal and forward its recommendation(s)to the Mayor and City Council for final determination. B. Initiation:An appeal maybe taken within forty-five(45)days of the action complained of by filling with the Enforcing Officer a notice of appeal specifying the grounds thereof,who shall forward such appeal to the Zoning Board of Appeals. C. Public Hearing:A public hearing shall be conducted by the Zoning Board upon every appeal.Notice of the hearing shall be posted at least twenty-four(24)hours in advance of said public hearing in the City Clerk's office. D. Decisions:The Board of Appeals may recommend to reverse or affirm,wholly or partly,or may modify the order,requirement,decision,or determination relating to this Title,made by the Enforcing Officer and said recommendation shall be forwarded to the Mayor and City Council for final determination. 10-4-9:SPECIAL USES: A. Purpose:The development and execution of this Title is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.It is recognized,however,that there are uses which,because of their unique characteristics,cannot be properly classified in any particular district or districts without consideration,in each case,of the impact of those uses on neighboring land and of the public need for the particular use at the particular location.Such special uses fall into two(2)categories: 1.Uses publicly operated or traditionally affected with a public interest. 39 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health,safety,morals,comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted,nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. 3.The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads,drainage or other necessary facilities have been or are being provided. 5.Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed special use is not contrary to the objectives of the Official Comprehensive Plan of the city as amended. 6. eetmeil"""°""°"o dole recom-ftm----end-atinens ofthe plan commission _ - Comment[KNoblel4j:Standard removed per Zoning Commission discussion at the 11.17.10 G. Conditions and Guarantees: meeting. 1. Prior to the granting of any special use,the Plan Commission may recommend and the Citv Council may require conditions and restrictions, upon establishment, location, construction, maintenance,and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection H. 2. In all cases in which special uses are granted the Plan Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the special use are being and will be complied with as required. H. Action of the Plan Commission: 1.The Plan Commission shall make recommendations to the City Council to grant or deny an application for special use, and may establish such conditions and restrictions as defined in subsection G. above for final action. The City Council may grant or deny,by ordinance, any application for special use or refer back to the Plan Commission for further consideration. 2. Any application for a special use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Plan Commission shall not be approved except by the favorable vote of two-thirds(2/3)of all the members of the City Council, and any special use application which receives the favorable recommendation or favorable recommendation with conditions from the Plan Commission may be denied by a majority vote of the City Council. I. Effect of Denial of Special Use:No application for special use,which has been denied wholly by the City Council,shall be resubmitted for a period of one(1)year from the date of said denial,except on the grounds of new evidence or proof of change of conditions. 41 F. Revocation:In any case where a special use has been arg nted pursuant to the provisions of this Chapter, such approval shall become null and void unless it is in place and in active use within three(3)years of the date of issuance,unless extended by the Zoning Administrator. 10-4-110:AMENDMENTS: A. Initiation of Amendments:Text Amendments may be proposed by the ruayerMayor and eiv C Council,the plan-Elan eeinaissienCommission,the seniag-Zoning be Board of appeals-Appeals,City official,majority beneficiary of land trust,contract purchaser or any property owner. Map Amendments may be proposed by the owner of the property involved,the Mayor and City Council, the Plan Commission,the Zoning Board,or other City official. B._Processing: I.-Filing 9f-of Application; Contents: An application for an amendment shall be filed with the seeing Zoning adn3inistraterAdministrator.The application shall be accompanied by such plans or data and such other information as specified by the plan--Plan emruuis, Commission,and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein.Copies of such application shall be forwarded to the plan-Plan commissies.—Commission with the request to hold a public hearing. 2.Hearing:Upon receipt in proper form of the application and statement referred to above,the plan commission shall hold at least one public hearing on the proposed amendment. However, the plan-Plan eetmaissietrCommission may continue from time to time the hearing without further notice being published. 3. Notice of Public Hearing: 1. The city clerk shall publish notice of a public hearing on such application for amendments, stating the time,place,and purpose of the hearing,at least fifteen(15)but not more than thirty (30)calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The Zoning Administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet(500')of the subject property,measured from the subject property's boundary. The notice shall state the time,place, and purpose of the hearing, and shall be sent not more than thirty(30)calendar days in advance of the hearing. 3. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto,with return receipt requested. 4.The applicant shall also file a swom affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-713 of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four(24)hours in advance of the public hearing. 4.Findings Af�of Fact And-and Recommendation 0�of The Plan Commission:Within forty five (45) days after the close of the hearing on a proposed amendment,the plan-Elan een3tnissien 42 Commission shall make written findings of fact and shall submit same, together with its recommendations to the tnayerMayor and eity eeuneiWity Council.Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property,the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a.h*isfing uses a fpr,.peFt..within the general aFea of the prepeft-y in,.UeSt:,....The existing uses and zoning of nearby property. b.The zoning elassifieation of prepef4y within the geneFal area of the prepef4y in question. The extent to which the property values are diminished by the particular zoning restrictions. c. The extent to which the destruction of property values of plantiff promotes the health, safety,morals or general welfare of the public. d. The relative gain to the public as compared to the hardship imposed upon the individual property owner. e. The suitability of the subject property in question to the uses permitted under the ing for the zoned purposes. £ ,if any,"ieh have taken plaee sinee the day the prepei4y in Vestion a in its Present zoning,.,,.ssifi. .: The length of time the propery has been vacant as zoned considered in the context of land development in the area in the vicinity if the subject propert y. g• conditions on said routes; the effect, if any, such feelassifieation and/of annexation would have upon existing accesses to said routes;and the invact of additional aeresses as requested by the petitioner upon 4affie and IM�Ap.eonditinRq-affl-d-flew an said ratites The community need for the purposed use. h. The care to which the community has undertaken to plan its land use development. Comment[Moble15]:Refer to memorandum from City Attorney dated 8.18.09 as attached C. Decisions: hereto. 1. Plan Commission: a.The}plan-Plan eumrrussi Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting of th fee n. ,.,.neul(ring votes t.hall be required to recommend granting or denying an _ --- Comment[Moblel6]:Language removed per application for an amendment. zoning Commission discussion at the 11.17.10 meeting? b.Report to the 'City Council shall contain number present and number of votes for/or against the motion. 2._MayerMayor And and Cityy EeunelCity Council: a.The aiayerMayor and eity eatineiXity-Council,upon receiving the recommendation of the plan-Plan cantos,enCommission,may grant or deny any proposed amendment in 43 2. No such occupancy,_use or change of use shall take place until a certificate of occupancy therefore shall have been issued. B._Application For Certificate,Action On: 1. Written application for a certificate of occupancy for a new bui_ldin a for an ex_istin b_uildin which has been enlarged SAid ,.,._i fi.,,«,. hall be acted upon within three (3) business days after a ,_. Comment[KNoblel7]:Language removed written request for the same has been made to the office after the erection or enlargement of based upon ZC discussion at the 11/17/10 meeting. such building or part thereof has been completed in conformance with the provisions of this title. 2. Written application for a certificate of occupancy for the use of vacant land,or for a change in the use of land or of a building,or for a change in a nonconforming use,as herein provided,shall be made to the officer. If the proposed use is in conformity with the provisions of this title, the certificate of occupancy therefore shall be issued within three (3) business days after the application for the same has been made. C. Temporary Certificate Of Occupancy:Pending the issuance of such a certificate,a temporary certificate of occupancy may be issued by the officer for a period of not more than six(6)months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance.Such temporary certificate may be renewed but it shall not be construed in any way to alter the respective rights.duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. D._Contents Of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title. E. Records Kept:A record of all certificates of occupancy shall be kept on file in the office of the officer and a cony shall be forwarded,on request,to any person having proprietary or tenancy interest in the building or land affected. 10-44413:FEES AND PENALTIES: A. Petitions pertaining to Annexation,Zoning Amendment, Special Use,Variances shall be responsible for application and application review fees as provided in^°�rSection 1-7-9 of this eedeCode. B Any person who violates, disobeys, omits, neglects, refusesand refuses to comply with or who resists enforcement of any of the provisions of this title-Title shall be fined as provided in s°.�Section 1-4-1 of this ee&Code. 46 CHAPTER 5 Zoning Districts and Maps 10-5-1:DISTRICTS ESTABLISHED: For the purpose and provisions herein,Yorkville is hereby organized into sixteen(16)districts.The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title Zoning District Minimum Acres Chapter 8-9 A-1 Agricultural District --- Chapter 10 OS Open Space Chapter 911,Article A E-1 Estate District 1 Chapter 911,Article B R-1 Single-Family Suburban Residence District 10 Chapter 911,Article C R-2 Single-Family Traditional Residence District 10 Chapter 911,Article D R-2 Duplex,Two-Family Attached Residence District Chapter 911,Article E R-3 General-Multi-Farnily Attached Residence District 5 Chapter 911,Article F R11 General Multi-Family Residence District ` Chapter 11,Article G CDD Conservation Design District _ Chapter 4412,Article A O Office District Chapter 4412,Article_B 13-1 Limited Business District Chapter 4412,Article C B-2 General Business District 2 Chapter 4412,Article D B-3 Service Business District 2 Chapter 4412,Article E B14 Business District 2 Chapter 4-213,Article A M-1 Limited Manufacturing District 10 Chapter 4-213,Article B M-2 General Manufacturing District 10 10-5-2:ZONING MAPS: The boundaries of the zoning districts designated in Section 10115-1 of this Chapter are hereby established as shown on the latest edition of the maps entitled "Zoning Map: The United City of Yorkville", dated ,which said maps accompany and are made a part hereof and shall have the same force and effect as if the Zoning Map,together with all notations,references and other information shown thereon, were fully set forth and described herein. 10-5-3:DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A._District boundary lines are either the center lines of railroads,highways,streets,alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. 40 B.In areas not subdivided into lots and blocks,wherever a district is indicated as a strip adjacent to and paralleling a street or highway,the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps-from section,quarter- sections or division lines,or center lines of streets,highways or railroad rights of way unless otherwise indicated. C._Where a lot held in-eneunder single ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided,that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet(25'). 10-5-4: ZONING OF STREETS,ALLEYS, PUBLIC WAYS,WATERWAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated,shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets,public ways,or waterways and railroad rights of way.Where the center line of a street,alley,public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated,shall be deemed to be the same as that of the abutting property up to such center line. 10-5-5:ZONING OF ANNEXED LAND: IAny territory or land hereafter annexed to the City shall automatically, upon such annexation be classified within the R-1 Residential District and be subject to all conditions and regulations applicable to land in such district until such land is subsequently rezoned;or the owner if owners of the territory or land to be annexed voluntarily enter into an annexation agreement which specific zoning classification and other restrictions affecting said territory or land concurrently with the petition for annexation and pursuant to Section 10-4-10 of this Title. The Plan Commission shall make findings of fact with respect to the appropriate zoning classification or classifications of the annexed land and forward its recommendation to the City Council.) Comment[KNoblel]:This section heading currently exists in the current City Zoning Ordinance.The provisions presented here have been slightly modified to be consistent with section 65 ILCS 5/7-1-47 of the Illinois Compiled Statutes. 41 Residential Uses Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 S S Mobile Home Park - - - - - - (10 acre min) (10 acre min) - - - - - - - - Dwelling, Duplex - - P P P P - - - P S S S S S (h,nu sines (i,bus n P5 s (in business (in business (in business (in business Dwelling, Multi-Family - - P P P - bldg) sldg) bldg) bldg) bldg) bldg) \ • Dwelling,Single-Family P - P P P P P P P - - - - - - `=' Dwelling,Townhouse - - - - - P P P - - - - - Institutional Uses Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Cemetery S S S S S S S S P - - - Religious Institution, Large S - S S S S S S S - P P P P S S Religious Institution,Small S - S S S S S S - P P P P S S Philanthropic institution S - S S S S S S 1 Hospital S - S S S S S S - P P P P - rF Library - - - - - P P P P P - Q Nursing home S - S S S S S S - P P - College S - S S S S S S P P P P P - School - - P P P P P P - - - Commercial Uses N Zoning Districts Ag I Open Space Residential Business Manufacturing Cl Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Adult Oriented Uses - - - - - - S S C Agricultural implement sales and service S Nf - - - - - - - S P - V1 Agricultural uses P S - - - - - - - - - - - Vf Amusement park S - - - - - - - - - S S S S S S S S Antique Sales - - (in overlay) - (in overlay) - (in overlay) (in overlay) - - P P P P - Auction House P - - - - - - - - - P - Automobile rental - - - - - - - - P P P - - Automobile repair - - - - - - - - - - - P P P P Automobile sales and service/Open Sales Lot - - - - - - - - - P P - - FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 1 Commercial Uses-Continued Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 S S (appurtenant to (appurtenant to Bakery - - - P P P P wW—[) wholesale) Bank - - P P P P P - Bed and Breakfast Inn S S S S - S S - S S S - - Billiard parlor - - - - S P P P - Boat sales and rental - - - - P P - ? Boat storage - - S S S S Bowling alley - - - P P P - rt lumber,coal,sand and gravel yards,and (D yards for contracting equipment of public "% agencies, or public utilities,or materials or _ _ _ S S M equipment of similar nature, ready mix batch plants,and asphalt manufacturing (D plants % Building material sales - - - - - P P - _3• Campground S - - - - - r+ rF Car Wash - - - P P P P (D Club/Lodge - - P P P P P S Q !rte Commercial feeding of fish, poultry, livestock S - - - - - - Commercial Laboratory - - P P P P P - Community Center - P P P P - P P P P P P M Contractor facilities with outdoor storage - - - - - - S S A Dance hall - - - - P P P - —• Department store - - - P P P - Dry cleaning establishment - - S P P P P - C Dry cleaning plant - - - - S S N Fertilizer sales with storage and mixture S Gasoline service station - - - S S S S S Golf Course S P P P P P P - - - - Golf driving range S - - P P Grain elevators and storage P - - - - - - Grocery store - - - - P P P P - Health club or gymnasium - - - P P P - Heavy machinery and equipment rental P P business Hotel/Motel P 1 P 1 P 1 - Kennel S I P I P I - FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 2 Commercial Uses-Continued Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Microbrewery/Brew Pub - - - Motorcycle sales and service - - - P P - Nursery P - - - P P - Off-Track Betting(OTB) establishments - - - - - Parks - P P P P P P P P P P P P P - Playground - P P P P P P P P - P P P P - Recreation center - P - - P P P P P P Recreational camp- private S - - - - - Recreational vehicle sales and service - - - - - P P - rF Restaurant - P P P P - Retail Store - - - S P P P P S - Roadside Stand P - - - - Salvage Yard S - - - - - S Skating rink - - - - - P P - Stadium S - - - - - S S S S Swimming pool-indoor - - - - P P P P Tavern-nightclub or lounge - - - - S S S S S Theater - - - - - P P P - (p Tourist Court/Home - - S(srmmax) S(5rmmax) - - - - Trailer Camp/Park S - - P P P P - Truck and trailer rental - - - - S P - Truck,truck tractor,truck trailer,car trailer (� or bus storage yard- not include motor - - - P P freight terminal A_ Adult Daycare Facility Advertising agency - - - P P P P P - Animal hospital S - - S - C Appliance-service - - - - - P P - Bookkeeping service - - P P P P P N Carpet and rug cleaning - - - - - P P Catering Service - - - - - P P - Clothes-pressing and repair - - - - P P P P - Contractor offices - - - - - - P P Daycare Facility S S S S S S S S S S Detective agency - - - - P P P P P - Dressmaker-seamstress - - - P P P P - FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 3 Professional Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Employment office - - P P P P P - Furniture repair and refinishing - - - - P P - Interior decorating studio - - - P P P - Locksmith - - - - P P P - ? Medical clinic - - - P P P P P - Photograph studio - - - P P P P - Professional Services - - P P P P P - r+ Radio and television studios - - - P P P - Repair of household or office machinery or equipment - - - P P Shoe and hat repair - - - - P P P P - Taxidermist - - P P P - Treatment Center - - - - P P P P - Upholstery shop - - - - P P - Watch and clock sales and repair - - - P P P - fl+ Weaving and mending-custom - - - P P P - M Manufacturing-Processing/Assembly Uses -------L— --L— Q Zoning Districts 3 Ag Open Space Residential Business Manufacturing Q Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 N Any manufacturing or processing that can and does operate in compliance with (D performance standards of 10-8-1 - - - P P C1 Bakery(wholesale-retail component special @, use) - - - - - P P C Newspaper Publishing - - - - P P (A Stone and gravel quarries - - - - S Welding shop S Wholesaling and warehousing-Local cartage express facilities -not including motor freight terminal - - - - - - P P FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 4 Transportation Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Airport S - - - - - S S Bus or truck storage yard - - - - - - P P Bus or truck garage or streetcar house - - - - - P P n Marina - S S S S S S S Motor freight terminals - - - - - - - - - S S Railroad passenger station S - S S S S S S S S S S S S S S Railroad repair shops, maintenance buildings M and switching yards S - - - - - - - - - S Taxicab business - - - - - - - - - P 1 P 1 S 1 S Utility Uses 10 Zoning Districts (D Ag Open Space Residential Business Manufacturing 3 Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 . Communications use S - - - - - - - - - r+ Electric substation S - S S S S S S P P P P P P Filtration plant S - S S S S S S - - - - P P Q Fire Station S - S S S S S S S P P P P P P P Police Station S - S S S S S S S P P P P P P P Public Utility electric substations and LA distribution centers,gas regulations centers M and underground gas holder stations S S - - - - - - - P P A Public utility facilities S P P P P P P P Radio and television towers,commercial S P S S S S S S - - - P P C Sewage treatment plant - - S S S S S S - - - P P Utility company maintenance yard - - - - - - - - - - P P N Utility service yard or garage - - - - - - - - P P Other Zoning Districts Ag I Open Space Residential Business Manufacturing Use Category A-1 OS Estate R-1 R-2 R-2 D R-3 R-4 CDD 0 B-1 B-2 B-3 B-4 M-1 M-2 Accessory Building/Uses P P P P P P P P P P P P P P P P Planned Unit Developments(PUD) FINAL Chapter 6 Permitted and Special Uses revised 11.22.10 kbn Page 5 Setbacks Minimum Lot Max.Lot Min. Dwelling Unit Religious Institution Max. Zone Zoning District Maximum Density Size Minimum Lot Width Covera a Min.Front Min.Side* Rear Max.Height Max.Height Height F.A.R. A-1 Agricultural - - - - 100'**** 50' - - - - - OS Open Space - - - 30' 10' - - - - - E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' - - - R-1 Suburban Residential - 18,000 s ft 100' 25% 40' 15'(40') 50' 30' - - - R-2 Traditional Residential - 12,000 s ft** 80'** 20% 30' 10'(30') 40' 30' - - - R-2 Duplex - 15,000 s ft*** 100'*** 30% 30' 10'(30') 30' 30' - - - R-3 Multi-Family Residential 5 per acre max.6 units per building) 9,000 s ft 70' 90'for attached units 30% 30' 10' 20' 30' 80'(6 stories)***** 30' 2.5 stories 45'structure/75'stee le - R-4 General Multi-Family 8 per acre 15,000 s ft 70' 90'for attached units 30% 30' 12'or 60%of bldg h t(20' 40' 80'(6 stories)***** 30' 2.5 stories) 45'structure/75'steeple - �..vj. O Office - 20,000 s ft - 50% 30' 10' 20' 20' 80'(6 stories)***** - - - B-1 Limited Business - 10,000 s ft - 50% 30' 20' 20' 80'(6 stories)***** - - B-2 General Business - 10,000 s ft - 80% 0' 20'(30') 20' 80'(6 stories)***** - - - B-3 Service Business - 10,000 s ft - 50% 50' 20'(30') 20' 80'(6 stories)***** - - - B-4 Business - 10,000 s ft - 50% 50' 20'(30') 20' 80'(6 stories)***** - - - M-1 Limited Manufacturing - - - 60% 25' Imin 10%of lot and max.20' - - - - .8 max. M-2 General Manufacturing - - - 60% 25' min 10%of lot and max.20' - - - - .85 max. �""�• *Dimensions within Q=requirement for side yards adjoining a street **Lots with private wells and/or private sewage minimum 1 acre and 125'width ***Lots with private wells and/or private sewage minimum 1.5 acres and 150'width • ****200'along 34 and 47 *****If property is located in the Downtown Area(see map below),Max.Height is 35'or 3 stories Note:For special uses refer to Zoning Ordinance Downtown Height Limit Area 47 S 1 V1!Hydra.. ic-gveE_Hydraut.ic_q.'Ve y a � � L5 C L7�3 D Van WMadison-5t E2 _ �0 E s Emmon•st • ❑ 4 E:73 E-3 C� E LIT �Q 0 Q 24 8. 0 a j � 4�Ridge] D q 0 �P-] I y D ❑ I �/ 1P V?Ln Fort Go D Q C b C�D ED �? E� ( G7 Q Fox-St-. Ct� CD d E7 C1 p d c-7 aster W Washingto t G E30 �0 o0 � � Q o c [] tJ p E'J a E-Washfngtoo R St a [ o �7 1 EoEjCE_? CJ ❑ Q Q p CHAPTER 4-38 Planned Unit Developments �e� Comment"Planned Development",as fanned revising title to"Planned Development",as Planned Unit Development tends to focus mainly on residential development.Whereas,Planned Development or "PD"can include master developments for SECTION' manufacturing(PMD),office,R&D and other comprehensive development plans which will require design flexibility within the specific zoning 10-13-1: Purpose and Intent district it is located. Also refer to 65 ILCS 5/11-13- 10-13-2' Authority 1.1 which uses the term"planned developments'. 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 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: Separability 10-13-14: Effective Period of Planned Unit Development 10-13-15: Effective Date 10-13-1: PURPOSE AND INTENT: 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.TheTherefore,the purpose of this chapter 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 district regulations for e developments tha4 provide valtie to the eonununib, ever the eeiiventional wing a"..~".t and which is consistent with the comprehensive plan and intent of the zoning ordinance. Manned ••~i' a°-,elepfnentPlanned Unit Developments (PUD) afe intended to efieaiir-ag and best possible Elesign of building forms and site planning for tracts Rf]and-v.,he-re . _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. Planned Unit dDevelopments 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 Tt'°• °"° 'a'° '°° °~°'°°°F°°'°''°° upon the health,safety and general welfare of the people of!he eitypublic and particularly, in the immediate surroundings, than developments built in conformity with a standar°~ 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, 73 new landscape,public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. 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 it^immea tmit aevelopmentplanned 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:by(this list being representative and not exhtmstiye). A. Providing a maximum choice of the overall living environments by-allewing throu>?h a variety of housing tale,design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities4ypes; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C.Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the project-development plan and that is compatible with the immediate vicinity; B. Otiliziiig fflatefials and Elesign of buildiiigs, signs and the site that pfavide fef a unified theme throughout the level.ptne.,t. Comment[KNOble2]:Language is redundant to that listed under"F". D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. 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; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials,signage-way-finding standards and 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; G. Retain, utilize and incorporate historic features on the project site into the overall project design,if physically and economically feasible;and/or H.Provide a consistent signage theme. The use of signage design guidelines is required for multi-phased projects.(Ord.2006-40,5-23-2006) I. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. J. Encourage high quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. 10-13-2: AUTHORITY: 74 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 Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided,however,that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. 10-13-3:DEFINITION AND SIZE LIMITATIONS: 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. ---- Comment[KNoble3]:This definition is consistent with the Zoning Commission's recently All land area within a Planned Unit Development must be contiguous;provided that properties separated by approved recommended definition for Planned Unit highways, streets,public ways,railroads or other public utility right-of-ways may be deemed contiguous Development in Chapter 2:Rules and Definitions. for the puipose of qualifying as a Planned Unit Development. Further, all procedures required by this section for the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-13-34: PROCEDURES FOR ESTABLISHMENT: - Comment[KNoble4]:CONSIDER:The Preliminary PUD Plat and Final PUD Plat process occurring concurrently as an incentive for PUD plans A. Planned Unit Development applications shall be made as hereinafter provided and shall be that forward the official policies of the city;seek accompanied by the required plats and documents.Detailed plans,drawings and other information limited zoning variances;and exceed the as specified in this Title shall be required at the time of the various phases,meetings and hearings development standards of the Subdivision Control as detailed herein.Each stage shall be reviewed and certified by the Zonim,Administrator as being Ordinance and Design Guidelines.This"fast track" in accordance with the Planned Unit Development requirements before proceeding to the next alternative can be determined by a score card or rating system discussed at the Concept Plan level, Stages• allowing the petitioner to save time and resources. proeedur-e as oudinedwithin seetio4; of this fitle as vVell as those outlined below.in the event of a ^enfli.. these preeedures will eontre' The approval process shall includes the following stages: Al._Pre-applieaHerrApplication^enfefen °Conference. B2._Concept PUD pPlan-Review . Q._Preliminary PUD p1anFlat. 4. Final PUD Plat B. The Preliminary PUD Plat and Final PUD Plat may be submitted and reviewed concurrently, as determined by the Plan Council,based upon the following criteria: 75 1.The PUD plan forwards the goals of the city's official plans,including but not limited to,the Comprehensive Plan, 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. 3.The PUD plan exceeds the development standards and regulations of city ordinances, including but not limited to,the Subdivision Control Ordinance,Landscape Ordinance, Sign Ordinance,Design Guidelines and Water Conservation Ordinance. 10 13 3!DELINEATION ON ZONING MAD. n......oyed planned unit aevel,....,,e,,.Planned Unit Development ..�,,.n we ao�:.,e..tea ...,a ae..:,.,,,.tea nrrri and by atuaber on the zening distriet map.A file,a,,,ailable for inspeetien by the publie,shall be maintained by the zoning offieef for-eaeh planned develapment so designated. The file shall eentain a reeefd of 10-13-45: PRE-APPLICATION CONFERENCE: A.Purpose:The purpose of the pre-application conference is to provide adv-iee 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 planned unit-Unit development Development will be in conformity with the comprehensive plan and the-other development goals and the policies of the United Ceity of Yorkville. 2.Whether the existing zoning and land use in the general area of the property �i�tPlanned Unit Development-is appropriate for the-a Planned Unit dDevelopment. B. Procedure: Prior to filing an application for approval of a planned unit 4e elopmefttPlanned Unit Development 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. L 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 ether-Other information neee sai-, to clearly explain pertinent to the proposed-planned uni de ve;epFnen Planned Unit DevelopmentPlanned Unit Development. 76 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 de elopmeemPlanned Unit Development.(Ord.2006-40,5-23-2006) 10-13-5: CONCEPT PUD PLANREVIEW CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A._Purpose: The presentation of the-a eel plan Concept PUD Plan and requesting an amend-Ment to his optional, but strongly recommended as the first step in the planned-xni d°v�tPlanned Unit Development process.The purpose of the eeneept PUD Plan is to enable the applicant to obtain the reeammendatieiis formal recommendation of from the city staff, park boardPark Board(residential developments only)and plan eefflitifflissi—en.Plan Commission,and eity esexeilCity Council approval of the overall project concept,density and dwelling unit number prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B._Procedure:Not less than tl forty-five(3845)days before the next available par4i boaFdPark Board platming_meeting or plan-eo unissieePlan Commission meeting,the applicant shall file an application with the Citv e-ler 's Clerk's office for review of the conceptua planned tinit devel pme Planned Unit Development plan. The °- 'ir°'ion °"°" esen4st 9Mplicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) CD's containing electronic copies (pdf) 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. 23. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall net--be less than one-inch equals feer huBdfe one-hundred(1"=400100) scale,but no less than one-inch equals four hundred 0"=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(1/4)mile of property. 3.A zoning plat including a legal description of the property with total property acreage notated to be included in the plamea enit developme 'Planned Unit Development. 4.A written explanation of the general character of the proposed planned unit de elop entPlanned Unit Development that shall include the following: a. A description of all proposed and uses to be ineladed in such disc jet(including open space)with percentages of each use; b. Projected densities and housing type for each residential use; 77 c. A description of the development standards and design criteria applicable to the proposed plapoecl ��neevelop a ntPlanned Unit Development; d.-An outline describing why the property should be developed as a planned tmi t develop 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; 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. 5. A written description of general site information that shall include,but shall not be limited to, the following: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 56.A conceptual planned unit developmen Planned Unit Development map-or-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,engineer or surveyor who prepared the plan. c.Name of property owner. d.Name of petitioner/developer. e.Proposed name of the planned unit developmentPlanned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. €g.Proposed loves a des uses-.Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. gh.Proposed land uses,and Ttotal acreage and percent of the site devoted to each land use.-including minimum and average lot sizes. hi T,.eats n of epased stfeet°Proposed location, layout and dimensions of streets,easements,lots and blocks. 78 ii.Proposed dedication of land for school and park sites,if applicable. jk. Land area to be used for common open space such as storm water basins, buffers, parks and sidewalks,trail corridors,including layout and configuration. ation. 1F1. Proposed approximate building footprints and estimated floor area for all nonresidential structures,if any. lm.Maximum number of residential dwelling units. mn.Gross and net densities for the entire Planned Unit Development and each land use. o. Location of off-street parking and loading areas,number of spaces provided,and method used to calculate the number of required spaces for each land use. np.Location of existing Wwetlands,floodplain and floodways obtained and sourced from published data. eq.Location of lakes,ponds,streams,marshes,creeks and drainage swales. pr. Existing wooded areas and other significant vegetation including description of predominant vegetatienflora s ep ies,ctypes and sizes. qs. Existing topographical contour lines with a minimum of five foot (5) intervals obtained and sourced from published data. rt. Location of existing and/or proposed water,sanitary and storm sewer systems (drains,inlets and outfalls)intended to serve the development. su.Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to the PUD. t_v. Written description of how the existing utilities are planned to be extended to serve the development. aw. Any other data reasonably necessary to provide an accurate overview of the proposed development. 6. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit develepfnef'Planned Unit Development. 7.The clerk's office shall have the application reviewed by the Zoning Administrator for completeness. If the application is not complete, the applicant will be notified by the k �Zoning Administrator as to the deficiencies.The application will not be forwarded on for further review until the application is complete. C._Plan CouncilPlan Council Review:Upon receipt of all the required submittals,the clerk's office si, n distribute copies of the application and supporting documentation shall be distributed to members of the plan eo lan Council.The plan ce Plan Council shall review the concept for the planned unit developme tPlanned Unit Development and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the eity-s—Ci 's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, 79 subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. D._Park BoardPark Board Review(If Applicable): The park be+dPark Board shall conduct an informal review of the conceptual planned unit aeve'opmen Planned Unit Development plan and supporting documentation and provide the applicant with general input on the following: 1. -l—Compatibility of the proposal with the recreation master plan and park development standards. 2. 2—Layout and organization of the open space system. 3. 3r.Compliance with the city's-City's land-cash ordinance for parks. 4. 4-0ther documentation that the park boardPark Board would recommend be prepared during the preliminary Planned Unit Development plan phase. 5. 5—A formal recommendation by vote is not given for a conceptual Alarmed enit ae-�Planned Unit Development plan. E._Plan CpissieftPlan Commission Recommendation: The Plan Commission shall conduct at least one public hearing in accordance with Illinois Compiled Statutes. However,the plan com.pAission may eantinue 4sm time to time the hearing without fi-1fther nRfiee being published.A the eloSe of the publie hearing,the plan eo qhAll denial of the zone map amendment to PUD to allow the eoneept for the planned tmit development.T plan eenw.-ission shall base iis reeenffnendation on the development standards in seetien 10 13 7_4 this ehaptef aiid based on the following fiiiding� 1. The eempaibilit-y ef the proposal 3�N,ith the eemprehensive plan, lfanspei4afien plan, zoning efdinanee 7 The appreprimeness of the prepesed land uses. 3.The appropfia4eness of the genefal layet4 of open spaee,stfeets,paflEing areas,lots and buildings. A Existing uses of property within the general e ea of the subjeel property. 5.The zoning elassifieation of property within the general area of the subjeet property. 6.The suitability of the subjeet property to the uses permitted under the existing zoning elassifieation. elassification—. 8.The impaet that the PUD will have upon traffic and tFaffie eonditions in the general afea of the subjeet PFE)perty. F._C4 'City Council Review: The ^eV9 mittee ,.r the .,hRle City Council shall conduct an informal review of the conceptual planned unit Elevelopme Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 80 I. 4—Compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance,subdivision ordinance and goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. 3-Gencral layout of open space,streets,parking areas,lots and buildings. 4. 4-0ther documents the eity eett"City Council would recommend be prepared for the preliminary planned unit de elopmenRlanned Unit Development plan phase. G.Mayor And City Council Decision: 2.if an application for a proposed amendment is not acted upon finally by the city council within six(6) m-onths of the date upon whiek stiek application is reeeived by the mayor and eity eouneil,i!shall be 14.Modifieations To Coneept Plan FoF The Plarmed Unit Developmen4i After-the approval of the eoneept plan and zone map amendment fef the planned unit developmem, the use of land, eenstmetion-, medifieation or alter-a4ion of any buildings or stmetures within the plafmed unit developmem will Ne ehanges may be made to the approved eoneept plan fef the planned unit dei,elopment unless approved by the eib,. Changes to the plamed unit developmen4 will be detennifted by the-eity ehanges ie the eafteept PUD plan are ffiedifieatietis that do fiet alter- the ifltellt of a Planned -- development.Miner changes which meet the criteria set forth in this subsection H! may be appro- by the eity aad-m-imis;hrato-r am designee,if the proposed minor change does not result in the following: a.An inerease in gross density. b.A change in mixture of dwelling unit types resulting in a greater than ten percent(101%)change i quantity of any proposed unit type. %)ehang- of an),proposed use. d.AnyFeduction of an amount of common open space,landscaping or buff-ering. Miner ehanges not approved by the oily administrator- may be approved by the eity eRmpeil request for a minor ehange to the plan eemmission for review and reeommenda4iefi. Odin the oriteria of F 44h constituting„minor change. if a Fnajor-ehange is r-equested,the applieant shall submit a revised PUD eaneept plan and suppofling 81 forth this section 10-13-67:PRELIMINARY PUD iTn' NPLAT: A._Purpose:The purpose of the Ppreliminary PUD plan-Plat submission is to obtain approval from the city City-that the plans the applicant intends to prepare and follow are acceptable as a ^r7 Preliminary PUD planPlat, and that any final plans will be approved provided they substantially conform to the pfelirninar�-Preliminary~lainie'unit`evel°""'°"'Planned Unit Development planPlat. The prektninm-j-Preliminary PUD pla*-Plat must be substantially in conformance with the concept plan as revised per the direction and guidance provided to applicant during the Concept PUD Plan Review. approved eA the time of -vene map afnendment (if the Iffelintinary PUP plan is not Approval of the ^r -,-Preliminary ^'° °' " :t ' ° ' 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 eem­ssienPlan Commission meeting, the applicant shall file an application with the ekTk -Clerk's office-Office for prelirninafy-Preliminary planned unit Planned Unit Development Plat approval. The applieatien-applicant shall submit twenty(20)paper copies folded to fit in a 10"x 13" envelope and two (2) CD's containing electronic copies(pdf)of&hal een4st of°t°f the following documentation: 1 One eopy of the eompleted preliminary planned unit development r n completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 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(I"-400)_ 5.Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to take advantage of the flexibility of 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 p1mmea tinit devek pffie tPlanned Unit Development planPlat. The plan-plat shall be a detailed plan which includes at a minimum,the following information: a. a-Title notation stating"Preliminary Plat"or"Preliminary Plan". a.b_North arrow,scale(not less than 1 inch equals 290-100 feet)and date of preparation. b:c_I-.Name and address of the site planner,engineer or surveyor who prepared the plan. e:d_c-Name of property owner. 82 d-.e. d-Name of petitioner/developer. e:f_e—Proposed name of develepxnentthe Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. 4�g_f-.-Location map showing the he general area of the Planned Unit Development within or proximity to the corporate boundaries,including high-water elevations,if known. h_g-.Legal description prepared by a registered land surveyor. g i. Boundary lines-bearings and distances. h:jh:Site data,including,as applicable: 1) Current zoning classification. .- — Formatted:Indent:Left: 0.92",Space After: 8 pt,Line spacing: 1.5 lines,Numbered+ Level:1+Numbering Style:1,2,3,...+Start 21—Total area of property in square feet and acreage,and acreage-and-percentage of each at:1+Alignment:Left+Aligned at: 0.92"+ Indent at: 1.17" proposed land use. ���� D°.,,°... °o,,,,,,, ,,,,,,,,.,.,, . .,,, ....,.,:,. _,.,.... °o-- • Square footage and percent of site coverage with buildings. �i�` T.r.,...w°r °e�°°:,�°�':°' '°'° Square foots eg 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. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 2L—Gross Floor aArea 'lyfor all non-residential buildings/uses. OLGross and net residential a°n°it-ydensities 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 83 used for public or common usage). Information should also be provided for each unit in the Planned Unit Development,if applicable. a-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. 241L)-_Minimum,maximum and average lot sizes. 3}42)—Percent of lot coverage for all uses except detached single-family and duplex. • 1/47-WA4e of tho 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. Existing zoning and ewners land use of adjacent property within five hundred feet(500')of all sides of the site. m. Other conditions on adjoining 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. l�n. Owners of adjoining un-platted land;for adjoining platted residential land refer to subdivision plat by name, recording date and number. Show approximate percent built-out, typical lot size and dwelling type. kol-Municipal limits. rrrpI-School district boundaries. g_^ D eperty u°°° nd d+nie.,.,..,, Easements-location,width and purpose. r. Location of streets in, and adjacent to, the property including: street name, right-of-way width, existing and proposed center line evaluations,pavement type,walks,trails,curbs,gutters,culverts, etc. 84 s. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. t. 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 rg ound) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevation and sewers. u. 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, at 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('/2%) 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. v. 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 ascertain subsurface soil, rock and groundwater conditions,depth to groundwater,unless test pits are dry at a depth of five feet (5'); location and results of a soil percolation test if individual sewage disposal systems are proposed. lrw. Water courses,marshes,rock outcrop,wooded areas,existing vegetation,isolated trees one foot (1')or more in diameter,existing structures and other significant features. max. n.Desiden4i l lots with approximate dune....... .y. Leeation of multi c iily and single c«ly a4taehed 1...:1.ifig. q-z. .Footprints of nenfesidential buildings. .aa. q,Fren4,rear,side yard and eomer side yard setbaeks. ebb.n-Location of all Off-off-street parking and loading areas, including nemaml «..°,Jetld dimensions of parking spaces,drive aisles and loading zones. t.cc. s—Configuration and Hof all land proposed as open space including storm water management areas,parks,buffers,and trail corridors. u-dd.t:All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and similar public and quasi-public uses. wee.ti-Pedestrian and/or bicycle circulation systems. v.Existing vegetation. 85 ,�v:ff.w-Limits of jurisdictional and non jurisdictional wetlands. x.Limits of inn year fl,.odplai *,gg_aaa—Any other data reasonably necessary to provide an accurate overview of the proposed development. 47.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 show 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.The plan shall be accompanied by 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. 49.Photometric plan(for nonresidential developments only).The photometric plan shall be superimposed on the site plan,and shall: a.Identify the location and heights of all light standards. b. Identify foot-candle intensities on the site of the planned unit developme Manned Unit Development,and ten feet(10')beyond proposed property lines. c.Include specifications for proposed lighting,including wattage,method of illumination,and color of light standards and luminaries. 4-10. Architectural drawings. When requested by plan commission or city council, _elimittary 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. 11.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. 86 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. a:c. Dates for beginning and competition of each stage. 11. The plan Commission or city-eou neilCity Council may require preparation and submittal,at the petitioner's expense,of the following for review and evaluation: a.Fiscal impact study,detailing the estimated cost which the planned unit developmen«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; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 4)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. 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. d. 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. e. 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. of. Other information that may be required by the Plan Commission or eity --etlCity Council. C._Plan Counei'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-eeuASi)Plan Council shall review the p imary-Preliminary placmed-unit develeprxentPlanned Unit Development Plat and supporting documentation and make a recommendation to the plan eemm;s-sie-Plan Commission as to the proposal's eoneufwney with«�,° approved eoneept planned unit Elevelopment plan and compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, Comment[KNobleS]:This is completed at the annexation agreement,and other goals and policies for Manning the city. ^ tr ffie i ..aet..turfy will be expense of the developer/petitioner and prepared by a transportation engineer or planner.The pfepafed by the eity as pai4 of the plan eetifteil findings of the study shall be reviewed and evaluated by the City Engineer. 87 D._Par#Be Park Board Review(When Applicable):The park beardPark Board shall conduct a formal review of the pre!iminii-, Preliminary p'wme "°''deve opme 'Planned Unit Development ►-Plat and supporting documentation.The par4i beardPark Board shall forward its recommendation to the city seuneilCity Council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E.—Plan CommissionPlan Commission Review: The flan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes.After the close of the public hearing,the flan Commission shall recommend to the eity ee wACity Council approval or denial of the preliminary-Preliminary p'°nn°'' "n`' developme^'Planned Unit Development planPlat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F._C` 'City Council Review:Subsequent to receiving the plan 00 lmissieePlan Commission and par4E beardPark Board recommendations,the sity eau 'City Council shall conduct a public hearing and shall approve or deny the application for the p«rz=i=ri=~ary—Preliminary plarmed utrit de elepmentPlanned Unit Development planPlat. Q.--Modifieations To Pr-eliminafy Plan For- The Planned Unit Develepmen4: After the apprai,al of the ., I ait development,the use of land,eens4fuetion,medifieation or-alteration of an),beildings-eIr sifueliifes within the planned tinit development will be gevefaed by the appfeved plafifted unit development,rather than by any other provisions of the zoning ordinance of the eity.No changes may he mad-t-, to the approved planned unit development unless approved by the eity. (�hanges to planned unit development will be d-e-tefffl-i-ned-by the eity administrator,or-designee,to be one of t 1.Miner ehanges to the preliminary PUD plan are madifieations that do not alter the iniefft of a planned - designee, if the pfoposed mifter ehange does not FestiR in the fellowing An inefease in gfess density. a.e.A ehange in the mixture of&,elling unit t-�Tes resulting in a greater than five pereent(59%) ehang of any proposed a An.,..hang e in ra.ling.or tility pre, e.A ehange in the mixture of land uses resulting in a greater than five pereent(59%)ehange in area of any proposed use. f Any r°duetion of an ametint of g.g.«...en open spaee,1,.ndscaping or buffering. g.Any change to emer-ior elevations of buildings whieh alter Fooffines,building tnateFials,appy-oved eelOF h.Other changes of similar sea! Minor changes not approved by the city administr-ater may be approved by the city council without fev and FeeommenElation by the plan eofmnission, unless the eity eouneil refers a request for a M 88 planned unit development exceeding the efitefia set forth eonstituting a minor change. if a fnajof!ehange is requested,the appliean4 shall submit a fevised PUD pfelifninary plan and suppoiling data with an applioation foF a majoF ehange to the eler-k's offiee,not less than fo�,five(45)days before --- plan eorimnission meeting.The plan eenwaission shall r-eeommend to the eity eouneil approval or denial-a the applieation for a major-change. SubsequenA to reeeiving the plan eofmnission and paFk board(when 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 pumose of the Preliminary 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 Preliminary 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)CD's containing electronic copies(pdf)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. 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. 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, showing center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall be furnished for each building. e) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. f) Certificates,seals,and signatures required for the dedication of land and recording of f the document. g) Tabulations on each separate unsubdivided use area, including land area, number of buildings,and number of dwelling units per acre. 89 h) Construction schedule—A final construction schedule indicating: i. Stapes in which the proiect 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 competition 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 benefitting 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. 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. 10-13-9:AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Preliminary or 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 Preliminary or Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Preliminary or Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the p y the City Administrator{,or designee,as follows: Comment a by the: 6]:consider approval of a Planned Unit Development will be determined b, '" minor change by the: •Plan Council;or A. Minor Changes: Minor changes to the Preliminary or Final Plat are modifications or .Zoning Administrator;or revisions that do not alter the overall intent of the PUD.Minor changes may be kpproved by .Zoning Administrator with the consent of the City Administrator 90 the City Administrator, or designe� if the proposed modification does not result in the _ __ Comment[KNoble7]:An alternative could be following: approval by the City Council without the requirement for public hearing or Plan Commission i. An increase or decrease in overall density greater than ten percent(10%)•I review and recommendation. ii. An increase or decrease in the mixture of residential dwelling unit types greater than Comment[KNobleg]:Is this percentage ten percent 00%). acceptable?Would 5%be considered more diminimus? iii. An increase or decrease in area for any land use or land use mixture greater than ten percent(10%). iv. An increase or decrease in total number of parking spaces greater than ten percent (10%). 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(when applicable),unless the City Council refers the request for a minor change to the Plan Commission or Park Board (when applicable) for review and recommendation. B. Maio•Changes:Maior changes to the Preliminary or Final 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 Preliminary or Final Plat shall be subject to review and recommendation by the Plan Commission and Park Board (when applicable) with final approval granted by the City Council. C. Application for PUD Modification or Changes:For any modifications or changes resulting in an amendment to an approved Preliminary or 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. 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:The notice for a major change to an approved Preliminary or 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 Preliminary or Final Plat shall be recorded with the County and shall be binding on the applicants, their successors, rag ntees and assigns and shall govern the development of the PUD,as set forth therein. 10 13 72 DEATLOPMENT STANDARDS: The density,nuiniffliln;lot si-76-and-minimuffl ;Pth-a-ek d-ifflension 4;-Rr eaeh use proposed vlithin a PUD Shall 91 Plan commission shall make findings and fecommendations to eity eouneil fef approval of the planned unit development,based upon the fol and apprepria4e to the purpose of the development. .1et«:...e..t..l:..fl..e....e or effe..t upon the surrounding ing ne:..l.l...«1......1 established in the planned development shall be subjeet to the requirements for eaeh individ elassifieation as established elsewhere in this title,eiceept as may be speeifieally varied herein granting and ATl.e«e:....e...:i.:..l.....,l:..t«:et..:..e«e,...:«ed f;.«..DUD. 5. Wherever the applicant prop( d set out, by platting, deed, dedic if parks, playgrounds, eommons, greenways or open areas, the plan eonunission may eonsider and eempfehensive plan, sibdivision regulations and the zoning ofdinanee whieh may inehide, Nit not as D" «.1 n'-icc-car-Tcacv' w ciao."«a . area. . d.Bulk. e.intensity of use. i Stfeet s.Sidewalks. 1. Public utilities, i.09 s4feet pafking-. B Residential. 1.Busine-q—t;uses may be ineluded as paFt of a plan—ned—residential development when applieable. 1 Use regulations. a.Uses pfepesed afe eafisistent with these listed as allewable eses iii the fespeetive zeniiig distriets. 3.Uses listed as speeial uses in the zoning distriet in w-hieh the development is leeated may be allowed. dfiveway or pedestrian walk easement.Off sa-zeet pafking faeilities for stieb dwe4lifig shall be leeated not fnofe than two hundred feet (200') ffom the dwelling served. The plan eommission also ma reeommend and the eity eouneil may appy-ove yards of lessef!widths or depths than r-equifed for 4 uses in the zoning elassifieation whieh the planned development is inaluding,provided: spaees for-use by the« ":.Je..t"of the.1...ellings served, b. That spaeing between buildings shall be eonsistent with the appliea4ion of reeognized site planning prineiples for seeuFing a unified development and!hat due eonsideration is given to the openness «....,11.,.MFde.l by ime...,e...:....sifeets and alleys e. The yards for prineipal buildings along the periphery of the development shall be not less in width of depth than fequired fer perrpit4ed uses in the distriet in whieh the plafmed development is ineluded an 92 eommission and approved by the eity council. C. Nefffesidential� in a planned btisiness develepfflent, the f6liewing additional requirements are hereby specified shrubs and other plant material aceording to the landseapee 2.All walks within the planned tinit dewlepfnefA shall be pavedwith a hafd serfaeed matefial meeiing shall be landseaped with grass,plan, ende.1 by the plan eammission trees, and a .od by the eity cou"eil. 5. The btiAdings in the planned development shall be planned and designed as a iinified and single boundafies of adjacent residentiab public open space,schools,churches of other similar uses. 10-13-10: CONDITIONS FOR APPROVAL: The Plan Commission shall not recommend approval of nor shall the City Council approve a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat unless the proposed development or amendment complies with the following?criteria: 1. In what respects the design of the Planned Unit Development does or does not meet the requirements and design standards of the development standards and design criteria, 2. 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. 3. The extent of public benefit produced,or not 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. 4. The relationship and compatibility,beneficial or adverse,of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development does or does not fulfill the objectives of the Comprehensive Plan or other planning policies of the City. 6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards Comment[KNoble9 :section can incorporate the planning principles staated in the"New for Special Use as defined in Section 10-4-9 of this Title. Comprehensive Plan Design Guidelines for the United City of Yorkville"adopted May 26,2009 via Ord.No.2006-28.(Smart Code Technique). **Caveat—If any of these design guidelines are 10-13-11• DEVELOPMENT STANDARDS AND DESIGN CRITERIAI: modified or updated in the future,it will require a text amendment to the Zoning Ordinance and public hearing.** 93 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 through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the Citv. 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: a.Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. 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 ivg en to the openness normally afforded by intervening streets and alleys. c. 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 development is included and the plan is developed to afford adequate protection to neighboring properties as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines(Ord.2009-28)and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance's shall apply to all Planned Unit Developments. 10-13-812: FEES: 94 The Eitt� Ce ffwACity Council shall establish a schedule of fees, charges and expenses for occupancy permits,appeals,applications and amendments for special use,and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the Qty GeiineilCity Council.Until all applicable fees,charges and expenses have been paid in full,no action shall be taken on any application or appeal.(Ord.2006-40,5-23-2006) 10-13-313: SEVERABILITY: Each section,clause and provision of this chapter 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 chapter. (Ord.2006-40,5-23-2006) 10 13 Me REPEAL OF CONFLICT-ING ORDINANCES: 10-13-14: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 platting does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development._ Comment[KNoble10]:consistent with state Statute and Yorkville Subdivision Control Ordinance 2. Construction does not commence and proceed within Lthree(3)years(from Section 5.02.05.the date of approval of the Final Plat of a Planned Unit Development. Comment[KNobleil]:Is this time reasonable from a development standpoint? 3. jhe 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 Comment[KNob1e12]:Consistent with (1)year increments. Yorkville Subdivision Control Ordinance Section 5.02.05. 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. a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market c. General economic conditions in the local area,state or region; d. The ability and purposefulness of development operations for the Planned Unit Development;and 95 e. 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- 14C,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction,or c. 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. 10-134415:EFFECTIVE DATE: This chapter ordinance shall be in full force and effective immediately after passage, approval and publication in book form according to law. and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development(Ord.2006-40, 5-23-2006)shall automatically become null and void by the enactment of this ordinance,unless acted upon prior to the enactment of this ordinance. 96 CHAPTER 8 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 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: Separability 10-13-14: Effective Period of Planned Unit Development 10-13-15: Effective Date 10-13-1: PURPOSE AND INTENT: 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. Therefore, the purpose of this chapter 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 district regulations and which is consistent with the comprehensive plan and intent of the zoning ordinance. Planned Unit Development 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. 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. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of 73 increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather it 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: A. 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; B.Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C.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; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. 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; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, way-finding standards and 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; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible;and/or H. Provide a consistent signage theme. The use of signage design guidelines is required for multi-phased projects. (Ord.2006-40,5-23-2006) I. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. J. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. 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 Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. 74 D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 18 of this Title shall apply to all Planned Unit Developments. 10-13-3: DEFINITION AND SIZE LIMITATIONS: 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. Further, all procedures required by this section for 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. 2. Concept PUD Plan Review. 3. Preliminary PUD Plat. 4. Final PUD Plat B. The 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 official plans, including but not limited to,the Comprehensive Plan, 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. 3.The PUD plan exceeds the development standards and regulations of city ordinances, including but not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance,Design Guidelines and Water Conservation Ordinance. 75 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 comprehensive plan 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 property Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to filing an application for approval of a Planned Unit Development 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. (Ord.2006-40,5-23-2006) 10-13-5: CONCEPT PUD PLANREVIEW: A. Purpose: The presentation of a Concept PUD Plan is optional, but strongly recommended as the first step in the Planned Unit Development process. The purpose of the Concept PUD Plan is to enable the applicant to obtain the formal recommendation from the city staff, Park Board (residential developments only) and Plan Commission, and City Council approval of the overall project concept, density and dwelling unit number 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 Park Board meeting or Plan Commission meeting, the applicant shall file an application with the City Clerk's office for review of the conceptual Planned Unit Development plan. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) CD's containing electronic copies (pdf) of the following documentation: 76 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(1/4)mile of property. 3. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 4. 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; 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. 5. A written description of general site information that shall include, but shall not be limited to, the following: a.Existing site conditions. b.Environmental characteristics. c.Availability of community facilities and utilities. d.Existing covenants. 77 6. 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,engineer or surveyor 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. i. Proposed location, layout and dimensions of streets,easements,lots and blocks. j.Proposed dedication of land for school and park sites,if applicable. k. Land area to be used for common open space such as storm water basins, buffers, parks and sidewalks,trail corridors,including layout and configuration. 1.Proposed approximate building footprints and estimated floor area for all nonresidential structures,if any. m.Maximum number of residential dwelling units. n. Gross and net densities for the entire Planned Unit Development and each land use. o. Location of off-street parking and loading areas, number of spaces provided, and method used to calculate the number of required spaces for each land use. p. Location of existing wetlands, floodplain and floodways obtained and sourced from published data. q.Location of lakes,ponds,streams,marshes,creeks and drainage swales. r. Existing wooded areas and other significant vegetation including description of predominant flora species,types and sizes. s. Existing topographical contour lines with a minimum of five foot (5') intervals obtained and sourced from published data. t. Location of existing and/or proposed water,sanitary and storm sewer systems (drains, inlets and outfalls)intended to serve the development. 78 u. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to the PUD. v.Written description of how the existing utilities are planned to be extended to serve the development. w. Any other data reasonably necessary to provide an accurate overview of the proposed development. 6. Other documents may be requested by the city if it is determined necessary to clearly describe the Planned Unit Development. 7. The clerk's office shall have the application reviewed by the Zoning Administrator for completeness. If the application is not complete,the applicant will be notified by the Zoning Administrator as to the deficiencies. The application will not be forwarded on for further review until the application is complete. C. Plan Council Review: Upon receipt of all the required submittals, copies of the application and supporting documentation shall be distributed to members of the Plan Council. The Plan Council shall review the concept for the Planned Unit Development and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the City's comprehensive plan,transportation plan,recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for planning the city. D. Park Board Review (If Applicable): The Park Board shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general input on the following: 1. Compatibility of the proposal with the recreation master plan and park development standards. 2. Layout and organization of the open space system. 3. Compliance with the City's land-cash ordinance for parks. 4. Other documentation that the Park Board would recommend be prepared during the preliminary Planned Unit Development plan phase. 5. A formal recommendation by vote is not given for a conceptual Planned Unit Development plan. E. Plan Commission Review: 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. F. 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: 1. Compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance,subdivision ordinance and goals and objectives of the city. 2. Appropriateness of the proposed land uses. 79 3. General layout of open space,streets,parking areas,lots and buildings. 4. Other documents 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. The Preliminary PUD Plat must be substantially in conformance with the concept plan as revised per the direction and guidance provided to applicant during the Concept PUD Plan Review. 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) CD's containing electronic copies(pdf)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. 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 take advantage of the flexibility of 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: 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. 80 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,including high-water elevations,if known. 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. 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. 81 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: 1) Residential lots shall depict approximate lot dimensions; building footprints for all multi-family and single-family attached structures; and dimensioned required yard setbacks. 2) 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. m. Other conditions on adjoining 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. Owners of adjoining un-platted land; for adjoining platted residential land refer to subdivision plat by name, recording date and number. Show approximate percent built-out,typical lot size and dwelling type. o. Municipal limits. p. School district boundaries. q. .Easements—location,width and purpose. r. Location of streets in, and adjacent to, the property including: street name, right-of- way width, existing and proposed center line evaluations, pavement type, walks, trails,curbs,gutters,culverts,etc. s. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. t. 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, 82 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 elevation and sewers. u. 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, at 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('/2%) 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. v. 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 ascertain subsurface soil, rock and groundwater conditions, depth to groundwater, unless test pits are dry at a depth of five feet (5'); location and results of a soil percolation test if individual sewage disposal systems are proposed. w. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees one foot (1') or more in diameter, existing structures and other significant features. x. Location of all off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. y. Configuration of all land proposed as open space including storm water management areas,parks,buffers,and trail corridors. z. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings,and similar public and quasi-public uses. aa.Pedestrian and/or bicycle circulation systems. bb.Limits of jurisdictional and non jurisdictional wetlands. cc.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. 83 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall show 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. The plan shall be accompanied by 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. 9. Photometric plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan,and shall: a.Identify the location and heights of all light standards. b. Identify foot-candle intensities on the site of the Planned Unit Development, and ten feet(10')beyond proposed property lines. c.Include specifications for proposed lighting,including wattage,method of illumination, and color of light standards and luminaries. 10. 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. 11.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 competition of each stage. 12. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense,of 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; 84 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. 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. d. 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. e. 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. f. Other information that may be required by the Plan Commission or City Council. 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 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 comprehensive plan,transportation plan,recreation master plan,zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for planning the city.. D. Park Board Review (When Applicable): The Park Board shall conduct a formal review of the Preliminary Planned Unit Development Plat and supporting documentation. The Park Board shall forward its recommendation to the City Council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. 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. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public hearing and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 85 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 Preliminary 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 Preliminary 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)CD's containing electronic copies(pdf)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. 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. 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, showing center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall be furnished for each building. e) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. f) Certificates, seals, and signatures required for the dedication of land and recording of the document. g) Tabulations on each separate unsubdivided use area, including land area, number of buildings,and number of dwelling units per acre. h) 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 competition of each stage. 86 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 benefitting 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. 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. 10-13-9: AMENDMENTS OR MINOR REVISIONS TO PUD: After the approval of the Preliminary or 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 Preliminary or Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Preliminary or 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 Preliminary or Final 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 the following: i. An increase or decrease in overall density greater than ten percent(10%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than ten percent(10%). iii. An increase or decrease in area for any land use or land use mixture greater than ten percent(10%). iv. An increase or decrease in total number of parking spaces greater than ten percent (10%). 87 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(when applicable),unless the City Council refers the request for a minor change to the Plan Commission or Park Board (when applicable) for review and recommendation. B. Major Changes: Major changes to the Preliminary or Final 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 Preliminary or Final Plat shall be subject to review and recommendation by the Plan Commission and Park Board (when applicable) with final approval granted by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Preliminary or 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. 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: The notice for a major change to an approved Preliminary or 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 Preliminary or Final 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 shall not recommend approval of nor shall the City Council approve a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat unless the proposed development or amendment complies with the following criteria: 1. In what respects the design of the Planned Unit Development does or does not meet the requirements and design standards of the development standards and design criteria, 2. 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. 3. The extent of public benefit produced,or not produced,by the Planned Unit Development such as but not limited to, the adequacy of common open space and/or public recreational facilities 88 provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility,beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development does or does not fulfill the objectives of the Comprehensive Plan or other planning policies of the City. 6. 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 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: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. 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. 89 c. 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 development is included and the plan is developed to afford adequate protection to neighboring properties as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28) 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 City Council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the City Council. Until all applicable fees, charges and expenses have been paid in full,no action shall be taken on any application or appeal. (Ord.2006-40,5-23-2006) 10-13-13: SEVERABILITY: Each section,clause and provision of this chapter 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 chapter. (Ord.2006-40,5-23-2006) 10-13-14: 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 platting 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: a. The original program of development with regard to market demand for the components included in the final plan; 90 b. Conditions in the real estate finance market; c. General economic conditions in the local area,state or region; d. The ability and purposefulness of development operations for the Planned Unit Development;and e. 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- 14C,the City Council shall decide whether: a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction,or c. 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. 10-13-15: EFFECTIVE DATE: This ordinance shall be in full force and effective immediately after passage, approval and publication in book form according to law,and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance. 91