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Zoning Commission Packet 2011 05-25-11 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, May 25, 2011 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of April 27, 2011 meeting minutes (to be provided at meeting) 5. Old Business: a) Continued Review and Commentary of Previously Revised Zoning Chapters • Chapter 6: Permitted and Special Uses—pages 1 through 6 • Chapter 7: Dimensional and Bulk Regulations • Chapter 8: Planned Unit Developments • Chapter 9: A-1 Agricultural District • Chapter 10: OS Open Space District 6. Adj ournment 7. Next meeting date: June 22, 2011 Memorandum EST. 1836 --�- To: Zoning Ordinance Commission 0 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator <LE ��'� Date: May 20, 2011 Subject: Zoning Ordinance Update—OLD & NEW BUSINESS ITEMS Per the discussion and recommendation of the Zoning Commission during the April 27th meeting, the following subsequent revisions of the previously reviewed chapters (please note, in some cases, only the pages that have been revised are attached): Chapter 6: Permitted and Special Uses • Minor revision to page 5 of table to add the word "Commercial" in reference to Radio, telecommunication and television towers, antennas and facilities under Use Category. • Revised pages 1-5 of the table to add new OS-1 Open Space (Passive) and OS-2 Open Space (Recreational) Districts. Chapter 7: Dimensional and Bulk Regulations • Revised numbering of footnotes on chart to correctly reference the appropriate dimensional and/or bulk regulation. • Revised footnote #2 to include IL Rte. 126 and IL Rte. 71 to accurately reflect the narrative in Chapter 9 A-1 Agricultural District. • Revised chart to add new OS-1 Open Space (Passive) and OS-2 Open Space (Recreational) Districts. Chapter 8: Planned Unit Developments (PUD) • Minor revision on page 73 to correct the numbering of the chapter in the Section title and throughout the document from 10-13 to 10-8. • Per the request of Commissioner Huinker, the wording in Section 10-8-4B.3 has been revised to read as follows: "The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. " • Staff has considered Commissioner Baker's suggestion during last month's meeting to insert a requirement that the Preliminary PUD and Final PUD Plats indicate the internal City of Yorkville's Plan Commission tracking number (eg. PC 2010-01). In staff's opinion, the internal tracking number can be placed as a tag or stamp by the City upon submittal, rather than have it as a requirement on the actual document(s) prepared by the petitioner. Staff is open to further discussion regarding this suggestion, if any. • Revised references to Park Board Review to read Park Board Representative in Section 10-8-7E and Section 10-8-9A and B. • Matrix of timeline/meeting review flow for the Planned Unit Development (PUD) process will be provided for review at the meeting. Chapter 9: A-1 Agricultural District • Relocated the word "paddock" to state "Stables or Paddocks" in Section 10-9-2: Permitted Uses. • Revision to 10-9-2: Permitted Uses to add the language "Temporary roadside stand offering for sale only products homemade, handcrafted, grown, harvested, or cultivated. " • Removed reference to "Farm animals, livestock, or any other domesticated animal raised in an agricultural setting such as but not limited to cattle,pigs and chickens"from list of permitted uses. Chapter 10: OS Open Space District • Per the Zoning Commission's direction, staff has revised the OS Open Space District into the following sub-zoning classifications: a. OS -1 Open Space District(Passive) b. OS -2 Open Space District(Recreational) Zoning Districts Ag Open Space Residential Business Manufacturing Use Category A-1 OS-1 OS-2 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) - - - - - - - - r) Dwelling, Duplex - - - - P P P P - - - - - - - P (in s s s s s (in Dwelling, Multi-Family - - - - - P P P - business bldg) (in business bldg) (in business bldg) (in business bldg) (in business bldg) business bldg) Dwelling, Single-Family P P P P P P P P - - - - - - - Dwelling, Townhouse - - - - - P P P - - - - - - - Zoning Districts Ag lopen Space Residential Business Manufacturing Use Category A-1 OS-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 M% Cemetery S S S S S S S S S P - - - - - - - -3 Religious Institution, Large S - e S S S S S S S P P P P P S S �. Religious Institution, Small S S S S S S S S P P P P P S S r+ P'f Philanthropic institution S S S S S S S - - - - - - - - Hospital S S S S S S S - - P P P P - - 0. Library - - - - - - - - P P P P P - - Nursing home S S S S S S S - - P P - - College S S S S S S S - P P P P P - - CL School - - P P P P P P - - - - - - - - Zoning Districts Ag Open Space Residential Business Manufacturing n Use Category A-1 OS-1 OS-2 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 S Agricultural implement sales and service S - - - - - - - - - - - S P - - C Agricultural uses P S S - - - - - - - - - - - - - - N Amusement park S - - - - - - - - - - - S S S S M S s s s N 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 5.20.11 kbn Page 1 Zoning Districts Ag lopen Space Residential Business Manufacturing Use Category A-1 OS-1 OS-2 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 (appurtenant to (appurtenant to n Bakery - - - - - - - - - - - P P P P wholesale) 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 P P - - Boat storage - _ - - - - - - - - S S S S S S M% Bowling alley - - - - - - - - - - P P P - - Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature, ready mix batch plants, and asphalt manufacturing plants M1 Building material sales - - - - - - - - - - - P P - - Campground S - - - - - - - - - - - - - - r+; Car Wash - - - - - - - - - - - P P P P rh Club/Lodge - - - - - - - - P P P P P - S Commercial feeding of fish, poultry, livestock S - - - - - - - - - - - - - - Commercial Laboratory - - - - - - - - P P P P P - - Community Center - - - S S S S - - P P P P S S Contractor facilities with outdoor storage - - - - - - - - - - - - - S S Q Dance hall - - - - - - - - - - P P P - - Department store - - - - - - - - - - P P P - - Dry cleaning establishment - - - - - - - - S P P P P - - 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 - - - - - - - C 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 business - - - - - - - - _ - - - - P P Hotel/Motel - - - - - - - - - - P P P - - Kennel S - - - - - - - - - - P P - - FINAL Chapter 6 Permitted and Special Uses revised 5.20.11 kbn Page 2 Zoning Districts Ag lopen Space Residential Business Manufacturing Use Category A-1 OS-1 OS-2 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 - - - - - - - - - - - S S S S P P Motorcycle sales and service - - - - - - - - - - - - - P P - - Nursery P - - - - - - - - - - - - P P - - Off-Track Betting (OTB) establishments - - - - - - - - - - - S - - - - Parks - P 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 - - r+ Recreation center - - P - - - - - - - - P P P P P P Recreational camp - private S - - - - - - - - - - - - - - - - Recreational vehicle sales and service - - - - - - - - - - - - - P P - - Restaurant - - - - - - - - - P P P P - - Retail Store - - - - - - - - S P P P P S - Roadside Stand P - - - - - - - - - - - - - - - - Salvage Yard S - - - - - - - - - - - - - - - S Skating rink - - S - - - - - - - - - - P P - - Stadium S - S - - - - - - - - - - S S S S P I: Swimming pool - indoor - - S - - - - - - - - P P P P r Tavern - nightclub or lounge - - - - - - - - - - S S S S S S Theater - - - - - - - - - - P P P - - Tourist Court/Home - - - - - S(5 rm max) S(5 rm max) - - - - - - - - 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 P P N include motor freight terminal Adult Daycare Facility S S S S S - - S S S S S S S n Advertising agency - - - - - - - - P P P P P - - Animal hospital S - - - - - - - - - - S - - Appliance - service - - - - - - - - - - - - P P - - C Bookkeeping service - - - - - - - - P P P P P - - N Carpet and rug cleaning - - - - - - - - - - - - - P P Catering Service - - - - - - - - - - - P P - - N Clothes - pressing and repair - - - - - - - - - P P P P - - Contractor offices - - - - - - - - - - - - - P P Daycare Facility - S S 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 5.20.11 kbn Page 3 Zoning Districts Ag Open Space Residential Business Manufacturing n Use Category A-1 OS-1 OS-2 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 - - f"I' 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 - - Radio and television studios - - - - - - - - - - P P P - - Repair of household or office machinery or equipment - - - - - - - - - - - - - P P M% Shoe and hat repair - - - - - - - - - P P P P - - 3 Taxidermist - - - - - - - - - - P P P - - h Treatment Center - - - - - - - - - P P P P - - rh Upholstery shop - - - - - - - - - - - - P P - - Watch and clock sales and repair - - - - - - - - - - P P P - - Weaving and mending - custom - - - - - - - - - - P P P - - Zoning Districts Ag lopen Space Residential Business Manufacturing Use Category A-1 OS-1 OS-2 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 Any manufacturing or processing that can and does operate in compliance with performance standards of 10-8-1 - - - - - - - - - - - - - - - P P A. Bakery (wholesale - retail component special use) - - - - - - - - - - - - - - - P P Newspaper Publishing - - - - - - - - - - - - - - - P P Stone and gravel quarries - - - - - - - - - - - - - - S (A Welding shop S - - - - - - - - - - - - P P N Wholesaling and warehousing - Local cartage express facilities - not including motor freight terminal - - - - - - - - - - - - - - P P FINAL Chapter 6 Permitted and Special Uses revised 5.20.11 kbn Page 4 Zoning Districts Ag Residential Business Manufacturing Use Category A-1 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 Marina - - - - - - - - - - S S S S S P'f 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 and switching yards S - - - - - - - - - - - - - S Taxicab business - - - - - - - - - - - - P P S S M Zoning Districts 3 Ag Open Space Residential Business Manufacturing ;.h Use Category A-1 OS-1 OS-2 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 r+ Communications use S - - - - - - - - - - - - - - - - Electric substation S - - S S S S S S - - P P P P P P CL Filtration plant S S S S S S S - - - - - - P P 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 CL Public Utility electric substations and distribution centers, gas N regulations centers and underground gas holder stations S - - - - - - - - - - - - P P Public utility facilities S P P P P P P - - - - - - Radio, telecommunication and television towers, antennas and C7 facilities (Commercial) S S S S S S S - - - - - - P P �• Sewage treatment plant - S S S S S S - - - - - - P P Utility company maintenance yard - - - - - - - - - - - - - P P Utility service yard or garage - e e - - - - - - - - - - - - P P C N Zoning Districts V� Ag Open Space Residential Business Manufacturing Use Category A-1 OS-1 OS-2 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 P Planned Unit Developments (PUD) S - S S S S S S S S S S S S S S FINAL Chapter 6 Permitted and Special Uses revised 5.20.11 kbn Page 5 Zoning Districts Ag 10pen Space Residential Business Manufacturing Use Category A-1 OS-1 OS-2 Estate R-1 R-2 R-2 D R-3 R-4 CDD O B-1 B-2 B-3 B-4 M-1 M-2 Wind Power Large Wind Energy System S - - - - - - - - - - - - - Small Wind Energy Systems S S S S S S - - - - S - - - S S Rooftop Wind Energy Systems P P P P P P P P P P P P P P P P Solar Energy Solar Farm S S S - - - - - - - - - - - - - - Roof Mounted Solar Panels P - P P P P P P P P P P P P P P P Free Standing Solar Panels - S S S S S S S S S S S S S S S S FINAL Chapter 6 Permitted and Special Uses revised 5.20.11 kbn Page 6 Setbacks Zone Zoning District Maximum Density Minimum Lot Size Minimum Lot Width Max. Lot Coverage Min. Front Min. Side' Min.Rear Max. Height Dwelling Unit Max.Height Religious Institution Max. Height 2 F.A.R. A-1 Agricultural - - - - 100' 3 50' - 80' (100'for silos) 30' 45' structure/75' steeple - OS-1 Open Space(Passive) - - - - 30' 10'(50%of building height) 20'(50%of building height) 80' (6 stories) - - - OS-2 Open Space(Recreational) - - - - 30' 10'(50%of building height) 20'(50%of building height) 80' (6 stories) E-1 Estate Residential 1 per acre 1 acre 200' 30% 50' 50' 40' 25' - 45' structure/75' steeple - R-1 Suburban Residential - 18,000 sqft 100' 25% 40' 15'(40') 50' 30' - 45' structure/75' steeple - J R-2 Traditional Residential - 12,000 sgft 4 80'4 20% 30' 10'(30') 40' 30' - 45' structure/75' steeple - R-2 Duplex - 15,000 sq ft 5 100'S 30% 30' 10'(30') 30' 30' - 45' structure/75' steeple - CA R-3 Multi-Family Residential 5 per acre(max. 6 units per building) 9,000 sqft 70' (90'for attached units) 30% 30' 10'(20') 30' 80' (6 stories) 30' (2.5 stories) 45' structure/75' steeple - A� R-4 General Multi-Family 8 per acre 15,000 sqft 70' (90' for attached units) 30% 30' 12' or 60%of bldg hgt(20') 40' 80' (6 stories) 30' (2.5 stories) 45' structure/75' steeple - CDD Conservation Design District TBD TBD TBD TBD TBD TBD TBD TBD TBD 45' structure/75' steeple TBD ¢ O Office - 20,000 sqft - 50% 30' 10' (20') 20' 80' (6 stories) - 45' structure/75' steeple - ,y��y, B-1 Limited Business - 10,000 sqft - 50% 30' 20' 20' 80' (6 stories) - 45' structure/75' steeple - B-2 General Business - 10,000 sqft - 80% 0' 20'(30') 20' 80' (6 stories) - 45' structure/75' steeple - • B-3 Service Business - 10,000 sqft - 50% 50' 20'(30') 20' 80' (6 stories) - 45' structure/75' steeple - �D B-4 Business - 10,000 sqft - 50% 50' 20'(30') 20' 80' (6 stories) - 45' structure/75' steeple - M-1 Limited Manufacturing - - - 60% 25' min 10%of lot and max. 20' - - - 45' structure/75' steeple .8 max. M-2 General Manufacturing - - - 60% 25' min 10%of lot and max. 20' - - - 45' structure/75' steeple .85 max. 'Dimensions within()=requirement for side yards adjoining a street or adjacent to a residential district. 2 Maximum Height measured to the top of the steeple or apex of the highest point of a rooftop feature. 3 200'along IL.Rte.34,IL.Rte. 126,IL.71 and IL.Rte.47 4 Lots with private wells and/or private sewage minimum 1 acre and 125'width 5 Lots with private wells and/or private sewage minimum 1.5 acres and 150'width Note:For special uses refer to Zoning Ordinance CHAPTER 8 Planned Unit Development SECTION: 10-8-1: Purpose and Intent 10-8-2: Authority 10-8-3: Definition and Size Limitations 10-8-4: Procedures for Establishment 10-8-5: Pre-Application Conference 10-8-6: Concept PUD Plan Review 10-8-7: Preliminary PUD Plat 10-8-8: Final PUD Plat 10-8-9: Amendments or Minor Revisions to PUD Plat 10-8-10: Conditions for Approval 10-8-11: Development Standards and Design Criteria 10-8-12: Fees 10-8-13: Separability 10-8-14: Effective Period of Planned Unit Development 10-8-15: Effective Date 10-8-1: 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. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. 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 increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, 73 rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as,but not limited to the following: 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, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited.Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible;and/or H. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial developments. I. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Provide/enhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-8-2: 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. 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. 74 40-8-3: 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. All land area within a Planned Unit Development must be contiguous;provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-8-4: PROCEDURES FOR ESTABLISHMENT: A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans,drawings and other information as specified in this Title shall be required at the time of the various phases, meetings and hearings as detailed herein.Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages. The approval process shall include the following stages: 1. Pre-Application Conference- Introductory meeting held with City staff as set forth in Section 10-8-5 of this Chapter. 2. Concept PUD Plan Review- An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-8-6 of this Chapter. 3. Preliminary PUD Plat- First,a technical review of detailed plans by various city departments at a Plan Council meeting is held;a public hearing is then conducted by the Plan Commission;and final determination is made by the City Council,as set forth in Section 10-8-7 of this Chapter. 4. Final PUD Plat- A public hearing is then conducted by the Plan Commission with final determination made by the City Council,as set forth in Section 10-8-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed concurrently, as determined by the Plan Council, based upon the following criteria: 1.The PUD plan forwards the goals of the city's planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2.The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 75 3.The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-810-8-5: PRE-APPLICATION CONFERENCE: A. Purpose: The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1. Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure: Prior to filing an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff,but is at no charge to the petitioner.At such conference,the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; C. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested;and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given,nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents,exhibits,and drawings on the proposal that should be included in the application to the city for a Planned Unit Development. (Ord.2006-40,5-23-2006) 10-8-6: CONCEPT PUD PLAN REVIEW: A. Purpose: The presentation of a Concept PUD Plan is optional.The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. 76 B. Procedure: Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100) scale,but no less than one-inch equals four hundred(1"=400)and shall include the following: a.Title or Name of the proposed Planned Unit Development. b. Outline of property boundaries. c.Adjacent area within one-fourth(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 should include, but shall not be limited to, the following,if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 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,or engineer who prepared the plan. c.Name of property owner. d.Name of petitioner/developer. e.Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g. Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review: The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space,streets,parking areas,lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-8-7: PRELIMINARY PUD PLAT: A. Purpose: The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat,and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk's Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty (20)paper copies folded to fit in a 10"x 13"envelope and two (2) electronic copies of the following documentation: 1.A completed notarized application form,two(2)originals and the remainder photocopies. 78 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one-fourth (1/4) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred(1"= 100)scale,but no less than one-inch equals four hundred(1"=400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations.This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum,the following information: a. Title notation stating"Preliminary Plat"or"Preliminary Plan". b. North arrow,scale(not less than 1 inch equals 100 feet)and date of preparation. c. Name and address of the site planner,engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines—bearings and distances. j. Site data,including,as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 79 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. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height,the amount and location of common open space. 11) Minimum,maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. k. Depiction of Lots: a. Residential lots shall depict approximate lot dimensions;building footprints for all multi- family and single-family attached structures;and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. 1. Existing zoning and land use of adjacent property within five hundred feet(500') of all sides of the site. 80 m. Other conditions of adjoining land — owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. .Existing easements—location,width and purpose. q. Location of existing streets in, and adjacent to, the property including: street name, right-of-way width,existing and proposed center lines,pavement type,walks,trails,curbs,gutters,culverts,etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet (50') of all adjacent parcels showing a minimum of one foot(1')contours for land which slopes less than one-half percent('/2%)along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent ('/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. u. Subsurface conditions on the property shall be shown,if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and groundwater conditions,depth to groundwater,unless test pits are dry at a depth of fifteen feet(15'); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4")or more in diameter at breast height,existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces,drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers,and trail corridors. 81 y. All sites to be conveyed, dedicated, or reserved for parks, school sites,public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa.Limits of jurisdictional and non jurisdictional wetlands. bb.Any other data reasonably necessary to provide an accurate overview of the proposed development. 7.Preliminary landscape plan indicating the name,variety,size,location and quantities of plant material for all common and dedicated areas including parkways,buffer areas, storm water basins,wetlands, entry areas,medians,and parking lot islands. The landscape plan shall also depict permanent signs and street fixtures,and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas,as well as all utility easements,and be accompanied with: a.A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b.Preliminary stormwater report. c.Preliminary mass grading plan. d.Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations(front,rear and side)for proposed residential and nonresidential buildings,which identify materials and color styling proposed for all elements of the building. b.Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10.Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. 82 b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and submittal, at the petitioner's expense, 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; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b.Proposed covenants,conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to,the effects on discrete ecosystems,deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains,wetlands, forests, aquifer recharge areas,historic buildings or structures,prairie landscapes,and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the city's planning objectives,transportation plan,recreation master plan, zoning ordinance, subdivision control ordinance,annexation agreement,and other goals and policies for developing the city. D. Plan Commission Review: The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative: When applicable for the Park Board's review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City 83 Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative's Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a.Compatibility of the proposal with the recreation master plan and park development standards. b.Layout and organization of the open space system. c.Compliance with the city's land-cash ordinance for parks. F. City Council Review: Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public hearing and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-8-8: FINAL PUD PLAT: A. Purpose: A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots,whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures,and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure: Not less than forty five (45) days before the Plan Commission meeting,the applicant shall file an application with the Clerk's Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10" x 13" envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form,two(2)originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum,the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put,including construction details. 84 e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, number of buildings,and number of dwelling units per acre. i) Construction schedule—A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities,and open space to be developed with each stage. ii. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of 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. 10-8-9: AMENDMENTS OR MINOR REVISIONS TO PUD: 85 After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans,rather than by any other provisions of the zoning ordinance. Any changes,modifications or alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator,or designee,as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent(5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent(5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent(5%). iv. An increase or decrease in total number of parking spaces greater than five percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-8-11: Development Standards and Design Criteria. vi. Any significant changes in building layout,orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable)for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative(when applicable)with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk's Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk's Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10: Amendments of this Title. 86 E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD,as set forth therein. 10-8 10-8-10: CONDITIONS FOR APPROVAL: The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development 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 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 fulfills the objectives of the future planning objectives 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. 10-8-11: 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. 87 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. 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 unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. 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. 10-8-12: 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 filed 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) 10-8-13: 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) 10-8 10-8-14: 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: 88 1. Final Plat approval does not occur within twelve(12)months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three(3)years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two(2) 12- month periods.Commencement for construction may also be extended by the City Council in one (1)year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. The owner shall be notified, in writing, at least thirty(30)days prior to the City Council's consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: 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 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 10-8- 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. 89 10-8-15: 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. 90 Chapter 9 A-1 AGRICULTURAL DISTRICT 10-9-1: PURPOSE: 10-9-2: USES PERMITTED: 10-9-3: SPECIAL USES: 10-9-4: ACCESSORY USES: 10-9-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-9-6: FLOOR AREA RATIO: 10-9-7: BUILDING PERMITS, CODE AND FEES: 10-9-8: FENCING RESTRICTIONS: 10-9-1: PURPOSE: The regulations for the agricultural district are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the city for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural resources;to preserve the value of existing and future open space and recreational facilities; and to allow for interim adaptive reuse of marginal agricultural and or pasture lands pending the orderly redevelopment of the real estate for all other uses permitted under the various use districts under this title. 10-9-2: USES PERMITTED: A. Agricultural uses such as,but not limited to,the following: 1. Apiaries 2. Cultivation of non-food field crops and seeds used for cellulosic biofuels production 3. Farming of any kind related to floriculture,horticulture,orchards and viticulture 4. Forestation for farming or carbon sequestration 5. Greenhouses and nurseries 6. Grain elevators and storage 7. Stables or paddocks 8. Temporary roadside stand offering for sale only products homemade, handcrafted, grown, harvested, or cultivated. B. Single-family residential dwellings, provided that the occupants of the dwelling units are engaged in the agricultural activities on the premises and then only three (3) additional single-family dwellings shall be permitted for the total parcel zoned agricultural district and annexed to the city; regardless if later 89 subdivided into separate parcels after annexation. However, in the event of approval for rezoning to a residential use on the subject parcel or any portion thereof,this section shall not apply. 1. The City Council reserves the right to require issuance of a residential building permit within an agricultural district prior to annexation, subject to the City Council's approval of the residential building site, with regard to its compatibility with the planning objectives, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. C. Auction House 1. All buildings and structures utilized for the conduct of an auction shall be located not less than three hundred feet(300')from any lot line. D. Signs: As permitted and regulated pursuant to the applicable provisions of this code. 10-9-3: SPECIAL USES: Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage preparation,mixing and wholesale and retail. Animal hospitals provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Bed and Breakfast Inn. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred feet(100')from a lot line. Religious institutions(small and large). Colleges and universities,including dormitories, fraternities,sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish,poultry and livestock provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Commercial or private dog kennels provided that they are located not less than five hundred feet(500')from a residential lot line. Communications use. Daycare facilities and preschools. Fertilizer sales,including bulk storage and mixing. Golf courses,miniature golf courses and driving ranges,provided that no clubhouse or accessory building shall be located less than three hundred feet(300')from a lot line. 90 Hospitals for human beings,provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Milk processing and distribution,including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses,wholesale and retail,provided that all plants are grown on the premises. Outdoor amusement establishments,fairgrounds, carnivals,circuses,race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. Philanthropic institutions. Planned Unit Developments(PUDs)in accordance with the regulations as set forth in Chapter 8 of this Title. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area,trailer park/camp or campgrounds. Public utility and public services,including electric substations;repeater stations;microwave relay towers and stations;mobile transmitting tower and stations,antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity;water filtration plants;water pumping stations;water reservoir and similar uses. Public utility and service facilities,including fire and police stations. Railroad passenger depots. Railroad right of way and trackage,including classification/switching yard,terminal facilities,piggy-back facilities or maintenance facilities. Rest homes,nursing homes,hospitals and sanitariums,institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards,wholesale or retail, for agricultural products including,but not necessarily limited to,fruits, vegetables, flowers,plants,etc. Salvage yard,provided that no wrecking and/or crushing activities are permitted on the property and all vehicular storage,buildings and accessory structures are located no closer than three hundred feet(300')from any lot line. Seminaries,convents,monasteries and similar religious institutions including donnitories and other accessory uses required for operations Solar Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. Wind Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. 91 10-9-4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock,poultry and other farm animals shall be located not less than one hundred feet (100') from a lot line. B.Roadside stands in the immediate area of the premises but not including live animals and provided that such stands shall not contain more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off- street parking. Temporary roadside stands of portable or sectional construction shall be subject to a temporary permit for a period not to exceed six (6)months, and such stands are to be removed when not in use. 10-9-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Building Setbacks: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Routes 34, 71, 126 and 47)two hundred feet(200') from the right of way. 2.All other streets or roads,one hundred feet(100')from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet(50'). C. Building Height: Residential structures shall have a maximum height of thirty (30) feet, however, grain silos shall not exceed a height of one hundred (100) feet; all other buildings and structures shall have a maximum height of eighty(80)feet. 10-9-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. 10-9-7: BUILDING PERMITS, CODE AND FEES: All existing buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. All new construction for buildings, accessory uses and structures on agriculturally zoned property shall adhere to all requirements for building permits,codes and fees. 10-9-8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) 92 Chapter 10 OS-1 OPEN SPACE DISTRICT (PASSIVE) 10-10A-1: PURPOSE: 10-10A-2: USES PERMITTED: 10-10A-3: SPECIAL USES: 10-10A-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: 10-10A-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-10A-6: FLOOR AREA RATIO: 10-10A-1: PURPOSE: The land use regulations established for the OS-1 Open Space District are intended to govern the use of city- owned passive green space and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as open space, passive recreational areas, and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide for the protection, conservation and utilization of high-quality natural resources; preservation of wildlife habitats; creation of scenic vistas; provision of public gathering areas or facilities for safe and accessible outdoor space; connectivity between other green infrastructure via bike and hiking trails and paths; and maintain or establish appropriate buffers between differing land use types or intensities. 10-10A-2: USES PERMITTED: A. The following uses shall be allowed in this district: 1. Bicycle trails. 2. Community gardens. 3. Conservation areas. 4. Hiking paths. 5. Parks. 6. Stormwater detention facilities. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-1 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-10A-3: SPECIAL USES: A. The following special uses shall be allowed in this district: 1. Cemeteries. 2. Agricultural uses as provided in Chapter 9 A-1 Agricultural District. 89 3. Public utility facilities, including electric substations and distribution centers, gas regulation centers and underground gas holder stations. 4. Wind energy systems, small. 5. Solar farms. 6. Solar panels, free standing. 7. Municipal Public Works facilities. 10-10A-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS-1 Open Space District: 1. Arbors,gazebos,pergolas,and pavilions. 2. Bicycle racks. 3. Commercial radio,telecommunication and television towers, antennas and facilities. 4. Parking lot or facilities. 5. Picnic tables,bleachers and tents. 6. Playground equipment. 7. Public sculpture gardens. 8. Sheds. 9. Outside storage of park related materials. 10. Other uses,buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-1 Open Space District subject to conditions,as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and/or approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-10A-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30)feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten(10)feet or a distance equal to 50%of the overall building height,whichever is greater, when adjacent to a residential district. 90 C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty(20) feet or a distance equal to 50% of the overall building height,whichever is greater, when adjacent to a residential district. D.Building Height: The maximum building height shall be six(6)stories or eighty feet(80'). 10-10A-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. 91 Chapter 10 OS-2 OPEN SPACE DISTRICT (RECREATIONAL) 10-10B-1: PURPOSE: 10-1013-2: USES PERMITTED: 10-10B-3: SPECIAL USES: 10-1011-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: 10-1011-5: DIMENSIONAL AND BULK REQUIREMENTS: 10-1OB-6: FLOOR AREA RATIO: 10-10B-1: PURPOSE: The land use regulations established for the OS-2 Open Space District are intended to govern the use of city- owned recreational areas and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as active recreational areas, public gathering areas or facilities and parks identified in Yorkville's Park and Recreation Master Plan. These regulations are also intended to provide safe and accessible indoor and outdoor leisure and entertainment space for the general public while maintaining or establishing an appropriate buffer between differing land use types or intensities. 10-10B-2: USES PERMITTED: A. The following uses shall be allowed in this district: 1. All permitted uses in the OS-1 Open Space District. 2. Community center. 3. Playgrounds. 4. Recreation center. 5. Rooftop wind energy systems. 6. Roof mounted solar panels. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-2 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-10B-3: SPECIAL USES: A. The following special uses shall be allowed in this district: 1. All special uses permitted in the OS-1 Open Space District. 2. Boat sales and rental. 3. Boat storage. 89 4. Campgrounds. 5. Golf course. 6. Golf driving range. 7. Skating rink. 8. Stadium. 9. Indoor swimming pool. 10. Daycare facility,adult. 11. Daycare facility,child. 12. Marina. 10-10B-4: ACCESSORY USES, BUILDINGS AND STRUCTURES: A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS Open Space District: 1. Accessory buildings including, but not limited to, indoor recreation and fitness facilities, clubhouses,washrooms,maintenance buildings and storage lockers. 2. Outside storage of park related materials. 3. Sheds. 4. Arbors,gazebos,pergolas,and pavilions. 5. Public sculpture gardens. 6. Commercial facilities, including concession stands when ancillary to the operation of the public recreational use. 7. Outdoor cabanas, showers,and changing areas. 8. Stormwater detention facilities. 9. Privately operated recreational facilities open to the general public. 10. Tennis courts. 11. Picnic tables,bleachers and tents. 12. Playground equipment. 13. Bicycle racks. 14. Skate park/ramps. 15. Other uses,buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-2 Open Space District subject to conditions, as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and/or approval by the City Council. 90 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and/or approval of the City Council. 10-1OB-5: DIMENSIONAL AND BULK REQUIREMENTS: A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty(30)feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten(10)feet or a distance equal to 50%of the overall building height,whichever is greater, when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty(20) feet or a distance equal to 50% of the overall building height,whichever is greater, when adjacent to a residential district. D. Building Height: The maximum building height shall be six(6)stories or eighty feet(80'). 10-1 OB-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. 91