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Ordinance 2006-140 STATE OF ILLINOIS ) COUNTY OF KENDALL ) Gr1 • * C,. �� � E L._ !�i CP M KE-ENNIL.L_ COUNTY, :CI._ RECORDED: 10/16/2008 10:19 AN ORDI: 69.00 RHSGS FEE: 10.00 PAGES: 24 THIS IS A COVER PAGE FOR RECORDING PURPOSES ONLY Ordinance No. 2006 -140 i An Ordinance Rezoning Certain Property In Furtherance of an Annexation Agreement (The Towns at Windett Reserve Subdivision) • I I I STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (The Towns at Windett Reserve Subdivision) WHEREAS, Jim Hughes, Sr. is the legal owner of record of property described on Exhibit "A" attached hereto and incorporated herein (the Property), and WHEREAS Wiseman- Hughes Enterprises, Inc., developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the I Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as PUD Planned Unit Development. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as PUD Planned Unit Development as described in attached Exhibit « I 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. I JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE J Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ag Day of IJD V�a�,ta�2 , A.D. 2006. 99- 4E I MAYOR i i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this aF day of A.D. 2006. ATTEST: CITY` IERK II Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 I I I I i R f Ig H If A,, PARCEL 1 THAT PART OF THE SOUTH HALF OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLLY DESCRIBED AS FOLLOWS: COMMENCING AT A STONE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00 °02'43" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9,216.62 FEET, FOR THE POINT OF BEGINNING; THENCE SOUTH 88 °1514" WEST 2707.36 FEET TO THE ORIGINAL CENTERLINE OF ILLINOIS STATE ROUTE 47; THENCE NORTH 17 °24'09" WEST ALONG SAID ORIGINAL CENTERLINE, 1367.37 FEET; THENCE NORTH 88 °15'14" EAST 3115.46 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 9 THAT IS NORTH 00 °02'43" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 00 °02'43" WEST ALONG SAID EAST LINE, 1317.22 FEET TO THE POINT OF BEGINNING, EXCEPT THE RAILROAD RIGHT OF WAY AND EXCEPT THAT PART FALLING IN THE RIGHT OF WAY OF ILLINOIS STATE ROUTE 47, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL 2 THAT PART OF THE SOUTH HALF OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STONE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00 °02'43" EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES) ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9,216.62 FEET; THENCE SOUTH 88 °20'26" WEST ALONG THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL 1, 1320.95 FEET; THENCE SOUTH 00 °06'21" EAST, 193.37 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89 0 20'55" EAST ALONG SAID SOUTH LINE, 1319.96 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILL- IN01S. EXHIBIT "B" 10-13-1 10-13-1 CHAPTER 13 PLANNED UNIT DEVELOPMENT SECTION: 10-13- 1: Purpose 10-13- 2: Procedure 10-13- 3: Delineation On Zoning Map 10-13- 4: Preapplication Conference 10-13- 5: Concept PUD Plan And Amendment Of Zone Classification To Planned Unit Development 10-13- 6: Preliminary PUD Plan 10-13- 7: Development Standards 10-13- 8: Fees 10-13- 9: Severability 10-13-10: Repeal Of Conflicting Ordinances 10-13-11: Effective Date 10-13-1: PURPOSE: The purpose of this chapter is to provide for an alternative zoning procedure for innovative developments that provide value to the community over the conventional zoning district and which is consistent with the comprehensive plan and intent of the zoning ordinance. Planned unit developments (PUD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the city and particularly, in the immediate surroundings, than developments built in conformity with standard 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. September 2006 City of Yorkville 10 -13 -1 10 -13 -2 The planned unit development district shall generally provide attributes in excess of conventional city zoning, building and other land use requirements by (this list being representative and not exhaustive): A. Providing a maximum choice of living environments by allowing a variety of housing and building types; B. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of open space and recreation areas incorporated as part of the project and that is compatible with the immediate vicinity; D. Utilizing materials and design of buildings, signs and the site that provide for a unified theme throughout the development; E. Providing 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 materials, signage and design. 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 multiphased projects. (Ord. 2006 -40, 5 -23 -2006) 10 -13 -2: PROCEDURE: Because a PUD is a rezoning, the public hearing and findings of fact shall follow the procedure as outlined within section 10 -14 -7 of this title as well as those outlined below. September 2006 City of Yorkville 10 -13 -2 10 -13 -4 In the event of a conflict, these procedures will control. The approval process includes the following stages: A. Preapplication conference. B. Concept PUD plan and zone map amendment. C. Preliminary PUD plan. (Ord. 2006 -40, 5 -23 -2006) 10 -13 -3: DELINEATION ON ZONING MAP: Approved planned unit developments shall be delineated and designated PUD and by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the zoning officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. (Ord. 2006 -40, 5 -23 -2006) 10 -13 -4: PREAPPLICATION CONFERENCE: A. Purpose: The purpose of the preapplication conference is to provide advice and assistance to the applicant before preparation of the concept plan so that the applicant may receive input on: 1. Whether the proposed planned unit development will be in conformity with the comprehensive plan and the goals and the policies of the city of Yorkville. 2. Whether the zoning classification of planned unit development is appropriate for the 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 preapplication meeting with city staff and its consultants. The preapplication conference shall be held with staff. At such conference the applicant shall provide information as to the location of the proposed planned unit development, the land use types and approximate area of proposed land uses, a list of any and all exceptions to the zoning ordinance and subdivision regulations; and other information necessary to clearly explain the planned unit development. September 2006 City of Yorkville 10 -13 -4 10 -13 -5 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 PLAN AND AMENDMENT OF ZONE CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A. Purpose: The presentation of the concept plan and requesting an amendment to the zone map is the first step in the planned unit development process. The purpose of the concept plan is to enable the applicant to obtain the recommendations of the city staff, park board (residential developments only) and plan commission and city council approval of 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 thirty (30) days before the next available park board planning meeting or plan commission meeting, the applicant shall file an application with the clerk's office for review of conceptual planned unit development plan. The application shall consist of the following documentation: i. A comp, applica f orm. 2. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall not be less than one inch equals four hundred (1" = 400) scale and shall include the following: a. Name of proposed development. b. Outline of property boundaries. c. Adjacent area within one - fourth 0 4 ) mile of property. 3. A zoning plat including a legal description of the property 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: September 2006 City of Yorkville 10 -13 -5 10 -13 -5 a. A description of all land uses to be included in such district (including open space) with percentages of each use; b. Projected densities 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; f. A list of requested exceptions to applicable city ordinances and codes. 5. A conceptual planned unit development map or plan. The plan shall include the following: a. North arrow, 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 Prnnncari lanri ileac g. Total acreage and percent of the site devoted to each land use. h. Location of proposed streets. i. Proposed dedication of land for school and park sites, if applicable. j. Land area to be used for open space such as storm water basins, buffers, parks and trail corridors. September 2006 City of Yorkville 10 -13 -5 10 -13 -5 k. Proposed approximate building footprints and estimated floor area for all nonresidential structures, if any. I. Maximum number of residential units. m. Gross and net densities. n. Wetlands, floodplain and floodways obtained from published data. o. Location of lakes, ponds, streams and drainage swales. p. Existing vegetation including description of predominant vegetation types and sizes. q. Existing contour lines with a minimum of five foot (6) intervals obtained from published data. r. Location of existing and /or proposed water, sanitary and storm sewer systems intended to serve the development. s. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to the PUD. t. Written description of how the existing utilities are planned to hA cv+cnelear) +n ceania the d v elnnmen+ VV extended AV serve he tAVYVIVI.l1IIV 111.. u. 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 for completeness. If the application is not complete, the applicant will be notified by the clerk's office as to the deficiencies. The application will not be forwarded on for review until the application is complete. 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 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 compre- September 2006 City of Yorkville 10 -13 -5 10 -13 -5 hensive 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 Recommendation: The plan commission shall conduct at least one public hearing in accordance with Illinois Compiled Statutes. However, the plan commission may continue from time to time the hearing without further notice being published. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the zone map amendment to PUD to allow the concept for the planned unit development. The plan commission shall base its recommendation nn tha rlavalnnmant ctnnrinrric in carrtinn in-1.1-7 of thic rhantar and based on the following findings: 1. The compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance and subdivision control ordinance. 2. The appropriateness of the proposed land uses. 3. The appropriateness of the general layout of open space, streets, parking areas, lots and buildings. 4. Existing uses of property within the general area of the subject property. September 2006 City of Yorkville 10 -13 -5 10 -13 -5 5. The zoning classification of property within the general area of the subject property. 6. The suitability of the subject property to the uses permitted under the existing zoning classification. 7. The trend of development, if any, in the general area of the subject property, including changes, if any, which have taken place since the day the subject property was placed in its present zoning classification. 8. The impact that the PUD will have upon traffic and traffic conditions in the general area of the subject property. F. City Council Review: The committee of the whole 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. 3. General layout of open space, streets, parking areas, lots and hiliHinne 4. Other documents the city council would recommend be prepared for the preliminary planned unit development plan phase. G. Mayor And City Council Decision: 1. The mayor and city council, upon receiving the recommendation of the plan commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the plan commission for further consideration. 2. If an application for a proposed amendment is not acted upon finally by the city council within six (6) months of the date upon which such application is received by the mayor and city council, it shall be deemed to have been denied. H. Modifications To Concept Plan For The Planned Unit Development: After the approval of the concept plan and zone map amendment for September 2006 City of Yorkville 10 -13 -5 10 -13 -5 the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved concept plan for the planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change: 1. Minor changes to the concept PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection H1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. A change in mixture of dwelling unit types resulting in a greater than ten percent (10 %) change in quantity of any proposed unit type. c. A change in the mixture of land uses resulting in a greater than ten percent (10 %) change in area of any proposed use. d. Any reduction of an amount of common open space, landscaping or buffering. e. A change in the functional classification of a roadway. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. 2. Major changes are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD concept plan and supporting data with an application for a September 2006 City of Yorkville 10 -13 -5 10 -13 -6 major change to the clerk's office and repeat the review procedures set forth in this section. (Ord. 2006 -40, 5 -23 -2006) 10 -13 -6: PRELIMINARY PUD PLAN: A. Purpose: The purpose of the preliminary PUD plan submission is to obtain approval from the city that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plan, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plan. The preliminary PUD plan must be substantially in conformance with the concept plan approved at the time of zone map amendment (if the preliminary PUD plan is not substantially in conformance with the concept plan, it will be deemed a major change and a new concept plan will need to be submitted and approved as prescribed by section 10 -13 -5 of this chapter). Approval of the preliminary planned unit development 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 approval. The application shall consist of the following documentation: i O nC copy of the t compleed eim pl nit de n t � . v� �c �evF,y vi �i �c completed i�icwu pr l cui i iinar y Nianiic�.a u nit ucvcivplilel n form. 2. Disclosure of beneficiaries form. 3. Preliminary planned unit development plan. The plan shall include at a minimum, the following information: a. North arrow, scale (not less than 1 inch equals 200 feet) 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 developer. e. Proposed name of development. September 2006 City of Yorkville 10 -13 -6 10 -13 -6 f. Location map. g. Legal description. h. Site data, including, as applicable: (1) Total acreage, and acreage and percentage of each proposed land use. (2) Percent of land devoted to streets and public rights of way. (3) Number of residential lots. (4) Floor area (nonresidential). (5) Gross and net residential density. (6) Minimum, maximum and average lot sizes. (7) Percent of lot coverage for all uses except detached single - family and duplex. (8) Identify the conventional zoning classification used to define each land use and list variances granted by the concept plan approval, if any. L Aerial photograph illustrating the subject property and adjacent property within one - fourth ('/ mile of the site. j. Existing zoning and owners of adjacent property. k. Municipal limits. I. School district boundaries. m. Property lines and dimensions. n. Residential lots with approximate dimensions. o. Location of multi - family and single - family attached buildings. p. Footprints of nonresidential buildings. q. Front, rear, side yard and corner side yard setbacks. September 2006 City of Yorkville 10 -13 -6 10 -13 -6 r. Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. s. Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. t. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi - public uses. u. Pedestrian and /or bicycle circulation systems. v. Existing vegetation. w. Limits of jurisdictional and nonjurisdictional wetlands. x. Limits of 100 -year floodplain. y. Surface water including lakes, ponds, streams and drainage swales. z. Existing contour lines with a minimum one foot (1') interval. aa. Any other data reasonably necessary to provide an accurate overview of the proposed development. 4. 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. 5. 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 statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. 6. Photometric plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan, and shall: September 2006 City of Yorkville 10 -13 -6 10 -13 -6 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. 7. Architectural drawings. When requested by plan commission or city council, 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. 8. The plan commission or city council may require preparation and submittal 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 which will be realized from each phase of development. b. Proposed covenants, conditions and restrictions and /or homeowner association bylaws. c. 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 and supporting documentation and make a recommendation to the plan commission as to the proposal's concurrency with the approved concept planned unit development plan and 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. A September 2006 City of Yorkville 10 -13 -6 10 -13 -6 traffic impact study will be prepared by the city as part of the plan council's review. D. Park Board Review (When Applicable): The park board shall conduct a formal review of the preliminary planned unit development plan 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 plan. 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 plan. G. Modifications To Preliminary Plan For The Planned Unit Development: After the approval of the planned unit development, the use of land, construction, modification or alteration of any wulluiiigS or SiriictiareS witiiiii� the planne iieu un ucvei vp�Tiei t `vviii be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved planned unit development unless approved by the city. Changes to the planned unit development will be determined by the city administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the preliminary PUD plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection G1 may be approved by the city administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. Any change in circulation patterns or access. September 2006 City of Yorkville 10 -13 -6 10 -13 -7 c. A change in the mixture of dwelling unit types resulting in a greater than five percent (5 %) change in quantity of any proposed unit type. d. Any change in grading or utility provisions. e. A change in the mixture of land uses resulting in a greater than five percent (5 %) change in area of any proposed use. f. Any reduction of an amount of common open space, landscaping or buffering. g. Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes or result in a change in architectural style. h. Other changes of similar scale, proportion or use. Minor changes not approved by the city administrator may be approved by the city council without review and recommendation by the plan commission, unless the city council refers a request for a minor change to the plan commission for review and recommendation. 2. Major changes to the preliminary PUD plan are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a minor change. If a major change is requested, the applicant shall submit a revised PUD preliminary plan and supporting data with an application for a major change to the clerk's office, not less than forty five (45) days hofnro +ho nlnn mnn +inn Tho nlnn r+nmmioninn ch -mil IJVIV/ V IIV LJlull VV111 1111 a7 a71V 11 IIIGGNIIIJ.. I IIV 1./lull VVIIIIIIIV VI V/I Vllull recommend to the city council approval or denial of the application for a major change. Subsequent to receiving the plan commission and park board (when applicable) recommendations, the city council shall approve or deny the application for the major change. (Ord. 2006 -40, 5 -23 -2006) 10 -13 -7: DEVELOPMENT STANDARDS: 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 concept PUD request. September 2006 City of Yorkville 10 -13 -7 10 -13 -7 Plan commission shall make findings and recommendations to city council for approval of the planned unit development, based upon the following standards: A. General: 1. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. 2. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. 3. That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied herein granting and establishing a planned development use. 4. There is no minimum district size required for a PUD. 5. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single - family or multi - family residential districts to be used f or parks, p laygr oun ds, co mmons, gr eei �vvays or open � areas, the plan commission may consider and recommend to the city council and the city council may vary the applicable minimum requirements of the comprehensive plan, subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following: a. Rear yard. b. Side yard. c. Lot area. d. Bulk. e. Intensity of use. f. Street width. September 2006 City of Yorkville 10 -13 -7 10 -13 -7 g. Sidewalks. h. Public utilities. i. Off street parking. B. Residential: 1. Business uses may be included as part of a planned residential development when applicable. 2. Use regulations: a. Uses proposed are consistent with those listed as allowable uses in the respective zoning districts. 3. Uses listed as special uses in the zoning district in which the development is located may be allowed. 4. Signs. In accordance with the regulations set forth in chapter 12 of this title. 5. 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. 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: Q. T Th o sG t.II VGGl.r l .,tectiL nr` 1 --f .pro ro^^re MA la/i +h nornofll�l 1YG %1%JVVI ICU Ida GLIG I L VVI F °l F' .LUUI 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 development is included and the plan is developed to afford adequate protection to September 2006 City of Yorkville 10 -13 -7 10 -13 -7 neighboring properties as recommended by the plan commission and approved by the city council. C. Nonresidential: In a planned business development, the following additional requirements are hereby specified: 1. Residential use may be included as part of a nonresidential planned unit development. 2. All walks within the planned unit development shall be paved with a hard surfaced material meeting the specifications of the city engineer. 3. Any part of the planned development not used for buildings, loading and accessways and walkways shall be landscaped with grass, trees, shrubs and other plant material according to the landscape plan, as recommended by the plan commission and approved by the city council. 4. Permitted business uses shall be prescribed in the ordinance granting the planned development. 5. The buildings in the planned development shall be planned and designed as a unified and single project. 6. Business developments shall be adequately screened by fencing _'. �__r____:. -_ _-. /-_LL -long the -d "-_ --' _.- _:.1__a,:_l or ran J scaping ur uurn awng one U�unuanes �i du�dcdnr UU61U ridi, public open space, schools, churches or other similar uses. D. Conditions And Guarantees: Prior to granting any special uses, the plan commission may recommend and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the property governed by the special use. E. Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council. F. Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four (24) months from the date of the authorization order of the city council, the authorization September 2006 City of Yorkville 10 -13 -7 10 -13 -11 shall become null and void and all rights hereunder shall lapse. (Ord. 2006 -40, 5 -23 -2006) 10 -13 -8: 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 -9: SEVE EILITY: 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 of this chapter. (Ord. 2006 -40, 5 -23 -2006) 10- 13 -10: REPEAT. OF CONFLICTING ORDINANCES: Any and all other ordinances or parts of ordinances, in conflict herewith are repealed. (Ord. 2006 -40, 5 -23 -2006) 10- 13 -11: EFFECTIVE DATE: This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. (Ord. 2006 -40, 5 -23 -2006) September 2006 City of Yorkville