Ordinance 2006-095 I
STATE OF ILLINOIS )
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COUNTY OF KENDALL ) �� if =: ( iF • f - T 0 ± y ;
C i< RECORDED: 19/16/206@ 10:18 AM
ORDI: 62.06 RVISPS FEE: 10.00
PAGES: 26
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ORDINANCE NO. 2006- �S
AN ORDINANCE REZONING CERTAIN PROPERTY
IN FURTHERANCE OF A DEVELOPMENT AGREEMENT
(Kendall Marketplace)
WHEREAS, Cooper Home Furnishings are the legal owners of record of property
described on Exhibit "A" attached hereto and incorporated herein (the Property), and
WHEREAS, Cannonball, LLC, developer of the Property has made application by
petition for the rezoning of the Property pursuant to Development of the Property, and
WHEREAS, owners and developers have previously entered into an agreement for
development and zoning of the property, and
WHEREAS, the Yorkville Plan Commission has recommended a rezoning of the
property from current A -1 Agricultural District to Planned Unit Development District
consisting of B -3 Service Business District, R -1 One Family Residence District and R -3
General Residence District as shown on the Concept Plan a copy of which is attached
hereto, and incorporated herein as Exhibit `B ".
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 legally described on Exhibit "A" from current A -1 Agricultural
District to Planned Unit Development District consisting of B -3 Service Business
District, R -1 One Family Residence District and R -3 General Residence District as
shown on the Concept Plan a copy of which is attached hereto, and incorporated
herein as Exhibit "B ".
2. The Property shall be developed according to the terms of the Development
Agreement previously adopted.
3: This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
JAMES BOCK JOSEPH BESCO
VALERIE BURR PAUL JAMES
DEAN WOLFER MARTY MUNNS �Q
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day of 7 *-9- . , A.D. 2006.
MAYO
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this c day of —M�+- - , A.D. 2006.
ATTEST:
CITY CLERK
Prepared by.
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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TELEPHONE LINE T-
GAS LINE
7REELINE
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FENCE
TRAFFIC SIGNAL VAULT Ell
THAT PART OF THE SOUTH EAST 114 OF SECTION 19, PART OF THE SOUTH 112 OF SEC770N 20 AND PART OF
THE NORTH WEST 114 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE 7HIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS.- COMMENCING AT 7HE SOUTH EAST CORNER OF SAID SOUTH EAST 114 SEC770M 19,•
7HENCE NORTH ALONG 7HE EAST LINE OF SAID SOUTH EAST 114 310.20 FEET, • THENCE WESTERLY
PERPENDICULAR TO SAID EAST LINE 198.0 FEET FOR THE POINT OF BEGINNING; THENCE EAS7FRLY ALONG 7HE
LAST DESCRIBED COURSE 198.0 FEET, 7HENCE SOUTH ALONG SAID EAST LINE 310.20 FEET TO SAID SOU7N EAST
CORNER,• THENCE SOUTH ALONG THE WEST LINE OF SAID NORTH WEST 114 OF SEC770N 29, 429.15 FEET TO THE
CENTER LINE OF U.S. ROU7£ NO. 34; THENCE EAS7ERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF
95 DEGREES, 41 MINUTES, 25 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE 7HEREFROM,
2059.30 FEET TO THE CENTER LINE EXTENDED SOU7HERLY OF CUT —OFF ROAD, • THENCE NOR7HERLY ALONG SAID
CUT —OFF ROAD CEN7FR LINE EXTENDED AND SAID CEN7ER LINE WHICH FORMS AN ANGLE OF 106 DEGREES, 47
MINUTE'S, 23 SECONDS WI7H 7HE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 1816.44 FEET TO
7HE NORTH WEST CORNER OF OAK KNOLLS SUBDIVISION; THENCE NORTHERLY ALONG SAID CUT —OFF ROAD CENTER
LINE WHICH FORMS AN ANGLE OF 180 DEGREES, 26 MINUTES, 14 SECONDS WITH THE LAST DESCRIBED COURSE,
MEASURED CLOCKWISE THEREFROM, 746.59 FEET, ]HENCE NORTHWES7E•RLY ALONG A LINE WHICH FORMS AN
ANGLE OF 86 DEGREES, 39 MINU7ES, 00 SECONDS WITH 7HE CENTER LINE OF CUT —OFF ROAD GOING NORTHERLY
FROM THE LAST DESCRIBED POINT. MEASURED COUNTER CLOCKWISE THEREFROM, 441.97 FEET- 7HENCE
NORNWES7ERLY ALONG A LINE FORMING AN ANGLE OF 33 DEGREES, 20 MINUTES, 00 SECONDS WITH THE
PROLONGA770N OF THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 65.90 FEET. THENCE
NORTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 38 DEGREES, 44 MINUTES, 00 SECONDS WI7H THE
PROLONGA770N OF THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 138.82 FEET. 7HENCE
WES7ERLY ALONG A LINE WHICH FORMS AN ANGLE OF 271 DEGREES, 25 MINUTES, 4 SECONDS WITH THE LAST
DESCRIBED COURSE, MEASURED COUNTER CLOCKWISE THEREFROM, 2658.89 FEET TO A POINT ON 7HE EAST LINE
OF SAID SOUTH EAST 1/4 OF SEC770N 12 WHICH IS 147.18 FEET SOUTH OF THE NORTH EAST CORNER OF SAID
SOUTH EAST 114 ; THENCE WESTERLY ALONG THE PROLONGA770N OF THE LAST DESCRIBED COURSE 580.80 FEET;
THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 176 DEGREES, 11 MINUTES, 47 SECONDS WITH THE
LAST DESCRIBED COURSE, MEASURED COUNTER CLOCKWISE 7HEREFROM, 258.97 FEET TO A POINT ON THE NORTH
LINE OF SAID SOUTHEAST 114 WHICH IS 1826.22 FEET EASTERLY OF THE CENTER OF SAID SEC770N 19; 7HENCE
SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 62 DEGREES, 59 MINUTES, 10 SECONDS WI7H THE
LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 2411.25 FEET TO THE POINT OF BEGINNING,
(EXCEPT THAT PART OF THE NOR THWNEST 114 OF SEC 770N 29, TOWNSHIP 37 NOR 7H, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE I1 OF 7HE CENTERLINE OF U.S
ROUTE NO. 34 AND THE CENTERLINE OF CANNONBALL TRAIL; 7HENCE NORTH 21 DEGREES, 49 MINUTES, 35
FCONDS EAST ALONG 7HE CENTERLINE OF CANNONBALL TRAIL, 555.0 FEET FOR THE POINT OF BEG INNING;
VENCE NORTH 68 DEGREES, 10 MINUTES, 25 SECONDS WEST, 48.0 FEET, THENCE SOUTH 21 DEGREES, 49
MINU7ES, 35 SECONDS WEST, PARALLEL TO SAID CEN7ERLINE OF CANNONBALL TRAIL, 470.0 FEET- THENCE SOUTH
57 DEGREES, 49 MINU7FS, 35 SECONDS WEST, 74.81 FEET TO THE NORTHERLY RIGHT OF WAY OF SAID U.S.
ROUTE NO. 34; THENCE EAS7FRLY ALONG SAID NOR7HERLY LINE, 96.06 FEET TO THE CENTERLINE OF CANNONBALL
]RAIL; THENCE NORTH 21 DEGREES, 49 MINU7ES, 35 SECONDS EAST, ALONG SAID CEN7ERLINE, 502.78 FEET TO
THE POINT OF BEGINNING AND EXCEPT THAT PART OF 7HE SOUTH HALF OF SEC770N 20, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF 7HE SOUTHEAST QUARTER OF SEC770N 19, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH ALONG
THE WEST LINE OF THE NORTHWEST QUAR7ER OF SEC770N 29, TOWNSHIP AND RANGE AFORESAID, 429.15 FEET TO
THE CEN7ERLINE OF U.S. ROU7E NO. 34, THENCE EASTERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF
95 DEGREES 41 MINUTES 25 SECONDS WITH 7HE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM,
2059.30 FEET TO 7HE CENTERLINE EXTENDED SOU7HERLY OF CANNONBALL TRAIL; THENCE NORTHERLY ALONG THE
CENTERLINE OF SAID CANNONBALL TRAIL, WHICH FORMS AN ANGLE OF 106 DEGREES 47 MINUTES 23 SECONDS
WITH 7HE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 1816.44 FEET TO THE NORTHWEST
CORNER OF OAK KNOLLS SUBDIVISION; THENCE CON77NUING NORTHERLY ALONG SAID CEN7ERLINE, WHICH FORMS
AN ANGLE OF 180 DEGREES 26 MINUTES 14 SECONDS W17H THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE
THEREFROM, 746.59 FEET FOR THE POINT OF BEGINNING, • 7HENCE NOR7HIIESTERLY ALONG A LINE WHICH FORMS
AN ANGLE OF 94 DEGREES 29 MINUTES 17 SECONDS WI7H SAID CEN7ERLINE, MEASURED CLOCKWISE THEREFROM,
140.00 FEET,• THENCE SOUIIERLY ALONG A LINE WHICH FORMS AN ANGLE OF 85 DEGREES 30 MINUTES 43
SECONDS WI7H THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM AND PARALLEL W7H SAID
CEN7ERLINE, 100.00 FEET, THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 94 DEGREES 29
MINUTES 17 SECONDS WITH 7HE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 140.00 FEET TO
SAID CENTERLINE- THENCE NOR7HERLY ALONG SAID CEN7ERLINE, WHICH FORMS AN ANGLE OF 85 DEGREES 30
MINUTES 43 SECONDS W7H 7HE LAST DESCRIBED COURSE, 100.00 FEET TO THE POINT OF BEGINNING), IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS
To Mid America, and Chicago Title Insurance Company.
This is to certify that this map or plat and the survey on which it is based were made in
accordance with the "Minimum Standard Detail Requirements for ALTA/ACSM Land 77t1e
Surveys," jointly established and adopted by ALTA and NSPS in 2005, and Includes Items 1, 2,
3, 4, 70, 8, 10, and Ila of Table A thereof. Pursuant to the Accuracy Standards as adopted
by ALTA and NSPS and in effect on the date of this certification, undersigned further certifies
that In my professional opinion, as a land surveyor registered in the State of Illinois, the
Relative Positional Accuracy of this survey does not exceed that which is spec/fled therein.
Dated at Yorkville la , Illinoi pO I • Oli6�
7 C,
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CRAIG L. DUY'•. F •:
Craig L." Duy, IP 335 BARK :'
License Expiro : 11 '. QOMOIS
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EXHIBIT "B"
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CHAPTER 13
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PLANNED UNIT DEVELOPMENT
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SECTION:
10 -13 -1: Purpose
10 -13 -2: Procedure
10 -13 -3: Delineation on Zoning Map
10 -13-4: Pre - Application 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
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10 -13 -1: PURPOSE:
The purpose of this Ordinance 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
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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.
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 multi - phased projects.
10 -13 -2: PROCEDURE:
Because a PUD is a rezoning, the public hearing and findings of fact shall follow
the procedure as outlined within Zoning Ordinance 10 -14 -7 as well as those
outlined below. In the event of a conflict, these procedures will control. The
approval process includes the following stages:
A.Pre- application conference.
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B.Concept PUD plan and Zone Map Amendment.
C.Preliminary PUD plan.
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.
10 -13-4: PRE - APPLICATION CONFERENCE:
A. Purpose: The purpose of the pre - application 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 pre - application meeting with city staff
and its consultants.
The pre - application 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.
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.
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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:
1. A completed application form.
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 (1/4) 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:
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.
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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. Proposed land uses.
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.
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 (5') intervals obtained
from published data.
r. Location of existing and /or proposed water, sanitary and storm sewer
systems intended to serve the development.
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s. Proximity to existing and proposed transportation corridors and a written
statement with regard to transportation impacts due to this PUD.
t. Written description of how the existing utilities are planned to be extended
to serve the development.
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.
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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 comprehensive plan, transportation plan, recreation master
plan, zoning ordinance, subdivision control ordinance, annexation agreement,
and other goals and policies for planning the city.
D. Park Board Review (If Applicable): The park board shall conduct an informal
review of the conceptual planned unit development plan and supporting
documentation and provide the applicant with general input on the following:
1. Compatibility of the proposal with the recreation master plan and park
development standards.
2. Layout and organization of the open space system.
3. Compliance with the city's land -cash ordinance for parks.
4. Other documentation that the park board would recommend be prepared
during the preliminary planned unit development plan phase.
5. A formal recommendation by vote is not given for a conceptual planned
unit development plan.
E Plan Commission 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
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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 on the
Development Standards 10 -13 -06 of this ordinance and based on the
following findings:
A. The compatibility of the proposal with the Comprehensive Plan,
Transportation Plan, Zoning Ordinance and Subdivision Control
Ordinance.
B. The appropriateness of the proposed land uses.
C. The appropriateness of the general layout of open space, streets,
parking areas, lots and buildings.
D. Existing uses of property within the general area of the subject
property.
E. The zoning classification of property within the general area of the
subject property.
F. The suitability of the subject property to the uses permitted under the
existing zoning classification.
G. 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.
H. 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 buildings.
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4. Other documents the city council would recommend be prepared for the
preliminary planned unit development plan phase.
G. Mayor and City Council Decision:
a. 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.
b. 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 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 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 10%
change in quantity of any proposed unit type.
c. A change in the mixture of land uses resulting in a greater than 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.
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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 major change
to the clerk's office and repeat the review procedures set forth in this
section.
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 10 -13 -5.
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:
1. One copy of the completed preliminary planned unit development 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.
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b. Name and address of the site planner, engineer or surveyor who
prepared the plan. l
c. Name of property owner.
d. Name of developer.
e. Proposed name of development.
f. Location map.
g. Legal description.
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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;
i. Aerial photograph illustrating the subject property and adjacent property
within one -fourth (1/4) 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.
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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.
r. Off street parking and loading areas, including number and dimensions of
parking spaces, drive aisles and loading zones.
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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 non jurisdictional 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:
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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:
i
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. Other. 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 traffic impact study will be
prepared by the city as part of the plan council's review.
12
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 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 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 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.
c. A change in mixture of dwelling unit types resulting in a greater than 5%
change in quantity of any proposed unit type.
d. Any change in grading or utility provisions.
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e. A change in the mixture of land uses resulting in a greater than 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 before the
Plan Commission meeting. The Plan Commission shall 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.
10 -13 -7: DEVELOPMENT STANDARDS:
The density, minimum lot size and minimum set back 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.
Plan Commission shall make findings and recommendations to City Council for
approval of the planned unit development, based upon the following standards:
14
I
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.
i
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 for parks, playgrounds,
commons, greenways 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.
i
e. Intensity of use.
f. Street width.
g. Sidewalks.
h. Public utilities.
i. Off street parking.
15
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 dwellings 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:
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 which the planned development is including and the plan is
developed to afford adequate protection to 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 development shall be paved with a hard
surfaced material meeting the specifications of the city engineer.
16
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 or
landscaping or both along the boundaries of adjacent residential, 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 shall become null and void and all
rights hereunder shall lapse.
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.
10 -13 -9: 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 of this chapter.
17
i
10- 13 -10: REPEAL OF CONFLICTING ORDINANCES:
Any and all other ordinances or parts of ordinances, in conflict herewith are
repealed.
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.
i
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18
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