Ordinance 2004-64 COUNTY OF KENDALL )
) ss
STATE OF ILLINOIS )
ORDINANCE NO. 2004-64
AN ORDINANCE ADOPTING THE REVISED
PLANNED UNIT DEVELOPMENT ORDINANCE
IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
SECTION:
10-13-1: Purpose
10-13-2: Delineation on Zoning Map
10-13-3: Procedures
10-13-4: Pre-Application Conference
10-13-5: Concept Plan
10-13-6: Preliminary P.U.D. Plan
10-13-7: Development Standards
10-13-8: Fees
10-13-9: Severability
10-13-10: Repeal of Conflicting Ordinances
10-13-11: When Effective
10-13-1: PURPOSE:
Planned Unit Developments 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. Planned Unit Developments are of such substantially
different character from other special uses that the following additional standards are
established to guard against their use solely as a means of intensifying the use of land.
10-13-2: DELINEATION ON ZONING MAP:
Approved Planned Unit Developments shall be delineated and designated 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, approval process includes the following stages:
A. A Pre-application
B. Concept Plan
C. Preliminary P.U.D. Plan
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10-13-4: PRE-APPLICATION CONFERENCE:
Purpose: The purpose of the pre-application conference is to provide advice and
assistance to the applicant before preparation of the Concept Plan or Preliminary P.U.D.
Plan, so that the applicant may receive input on:
A. 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.
B. Whether the zoning classification of Planned Unit Development is appropriate
for the development.
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 Developments,
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, drawings on the proposal that should
be included in the application to the City for a Planned Unit Development.
10-13-5: CONCEPT PLAN
Purpose: The Concept Plan is the first step in the Planned Unit Development process.
The purpose of the Concept plan is to enable the applicant to obtain the opinions and
recommendations of the Park Board(residential developments only), Plan Commission
and City Council prior to spending considerable time and expense in the preparation of
detailed preliminary P.U.D. plans.
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:
A. A completed application form.
B. An Aerial Photograph exhibit of the property taken within the last 2 years.
The Aerial Photograph exhibit shall not be less than 1" =400 scale and shall
include the following:
1. Name of proposed development
2. Outline of property boundaries
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3. Adjacent area within one quarter mile of property
C. A Conceptual Planned Unit Development Plan. The plan shall include the
following:
1. North arrow, scale and date of preparation.
2. Name and address of the site planner, engineer or surveyor who
prepared the plan.
3. Name of property owner.
4. Name of petitioner/developer.
5. Proposed name of the planned unit development.
6. Proposed land uses.
7. Total acreage and percent of the site devoted to each land use.
8. Location of proposed streets and lots.
9. Proposed dedication of land for school and park sites, if applicable.
10. Land area to be used for open space such as stormwater basins,
buffers, parks and trail corridors.
11. Proposed approximate building footprints and estimated floor area for
all nonresidential structures, if any.
12. Approximate number of residential units.
13. Approximate gross and net densities.
14. Wetlands, floodplain and floodways obtained from published data.
15. Location of lakes,ponds, streams and drainage swales.
16. Existing vegetation including description of predominant vegetation
types and sizes.
17. Existing contour lines with a minimum of five foot intervals obtained
from published data.
18. Location of existing and/or proposed water, sanitary and storm sewer
systems intended to serve the development.
19. Proximity to existing and proposed transportation corridors and a
written statement with regard to transportation impacts due to this
P.U.D.
20. Written description of how the existing utilities are planned to be
extended to serve the development.
21. Any other data reasonably necessary to provide an accurate overview
of the proposed development.
22. Written explanation outlining why the property should be developed as
a planned unit development.
23. A preliminary list of requested exceptions to applicable City
ordinances and codes.
D. Other documents may be requested by the City if it is determined necessary to
clearly describe the Planned Unit Development.
E. 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.
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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:
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.
D. Other documentation that the Park Board would recommend be prepared
during the Preliminary Planned Unit Development Plan phase.
E. A formal recommendation by vote is not given for a Conceptual Planned Unit
Development Plan.
Plan Commission Review: The Plan Commission 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:
A. Compatibility of the proposal with the Comprehensive Plan, Transportation
Plan, Zoning Ordinance and Subdivision Ordinance.
B. Appropriateness of the proposed land uses.
C. General layout of open space, streets, parking areas, lots and buildings.
D. Other documents the Plan Commission would recommend be prepared for the
Preliminary Planned Unit Development Plan phase.
E. A formal recommendation by vote is not given for a Conceptual Planned Unit
Development Plan.
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:
A. Compatibility of the proposal with the Comprehensive Plan, Transportation
Plan, Zoning Ordinance, Subdivision Ordinance and goals and objectives of
the City.
B. Appropriateness of the proposed land uses.
C. General layout of open space, streets,parking areas, lots and buildings.
D. Other documents the City Council would recommend be prepared for the
Preliminary Planned Unit Development Plan phase.
E. A formal approval by vote is not given for a Conceptual P.U.D. Plan.
Staff Review: The Clerk's office shall distribute copies of application and supporting
documents to members of the Plan Council. The Plan Council shall conduct a Plan
Council meeting and shall review the Conceptual Planned Unit Development Plan and
supporting documents and shall advise the applicant as to the proposals compatibility
with the City's Comprehensive Plan, Transportation Plan, Recreation Master Plan,
Zoning Ordinance and Subdivision Control Ordinance,previously approved agreement or
plans, and other goals and policies for the planning of the City. Copies of the minutes
City of Yorkville 4
from the Plan Council meeting shall be forwarded by the Clerk's office to the Park Board
(in the case of residential development), Plan Commission and City Council.
10-13-6: PRELIMINARY P.U.D. PLAN
Purpose: The purpose of the Preliminary P.U.D. Plan submission is to obtain approval
from the City that the plans the applicant intends to prepare and follow are acceptable as
a Preliminary P.U.D. Plan, and that any final plans will be approved provided they
substantially conform to the Preliminary Planned Unit Development Plan. 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.
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:
A. One copy of the completed Preliminary Planned Unit Development form.
B. Disclosure of Beneficiaries form.
C. Preliminary Planned Unit Development Plan. The plan shall include at a
minimum the following information:
1. North arrow, scale (not less than 1"=200') and date of preparation.
2. Name and address of the site planner, engineer or surveyor who
prepared the plan.
3. Name of property owner.
4. Name of developer.
5. Proposed name of development.
6. Location map.
7. Legal description.
8. Site data, including as applicable:
a. Total acreage, and acreage and percentage of each proposed
land use.
b. Percent of land devoted to streets and public rights of way.
c. Number of residential lots.
d. Floor area(non-residential).
e. Gross and net residential density.
f. Minimum, maximum and average lot sizes.
g. Percent of lot coverage for all uses except detached single-
family and duplex.
9. Aerial photograph illustrating the subject property and adjacent
property within one quarter(1/4)mile of the site.
10. Existing and proposed zoning.
11. Existing zoning and owners of adjacent property.
12. Municipal limits.
13. School District boundaries.
14. Property lines and dimensions.
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15. Residential lots with approximate dimensions.
16. Location of multi-family and single family attached buildings.
17. Footprints of non-residential buildings.
18. Front, rear, side yard and corner side yard setbacks.
19. Off-street parking and loading areas, including number and
dimensions of parking spaces, drive aisles and loading zones.
20. Configuration and acreage of all land proposed as open space
including stormwater management areas, parks, buffers, and trail
corridors.
21. All sites to be conveyed, dedicated, or reserved for parks, school sites,
public buildings, and similar public and quasi-public uses.
22. Pedestrian and/or bicycle circulation systems.
23. Existing vegetation.
24. Limits of jurisdictional and non jurisdictional wetlands.
25. Limits of 100 year floodplain.
26. Surface water including lakes,ponds, streams and drainage swales.
27. Existing contour lines with a minimum one foot interval.
28. Any other data reasonable necessary to provide an accurate overview
of the proposed development.
29. Draft agreement of P.U.D. agreement.
D. Preliminary Landscape Plan indicating the name, variety, size, location and
quantities of plant material for all common and dedicated areas including
parkways, buffer areas, stormwater basins, wetlands, entry areas, medians,
and parking lot islands.
E. 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 stormwater
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.
F. Photometric Plan (for non-residential developments only): The Photometric
Plan shall be superimposed on the site plan, and shall:
1. Identify the location and heights of all light standards.
2. Identify foot-candle intensities on the site of the Planned Unit
Development, and ten feet beyond proposed property lines.
3. Include specifications for proposed lighting, including wattage,
method of illumination, and color of light standards and luminaires.
G. 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:
1. Typical elevations (front, rear and side) for proposed residential and
non-residential buildings, which identify materials and color styling
proposed for all elements of the building.
2. Proposed building heights.
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3. Roof plan for all non-residential structures, which shows the proposed
location of all roof-mounted mechanical equipment.
H. Zoning Plat
I. Other: The Plan Commission or City Council may require preparation and
submittal of the following for review and evaluation:
1. 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.
2. Proposed covenants, conditions and restrictions and/or homeowner
association by-laws.
3. Other information that may be required by the Plan Commission or
City Council.
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 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.
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.
Plan Commission Review: The Plan Commission shall conduct a public hearing in
accordance with Illinois Compiled Statues. After the close of the public hearing,the
Plan Commission shall recommend to the City Council approval or denial of the Planned
Unit Development. The recommendation may include conditions of approval intended
to be incorporated into final plans and supporting documentation.
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 Planned Unit Development.
Modifications to 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.
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No changes may be made to the approved Planned Unit Development unless approved by
the City. Changes to the Planned Unit Development will be considered to be either a
major change or a minor change.
Minor changes are modifications that do not alter the concept or 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 his designee, if the proposed minor change does
not result in the following:
1. Any increase in density.
2. Any change in circulation patterns or access.
3. Any change in mixture of dwelling unit types.
4. Any change in grading or utility provisions.
5. Any change in the mixture of land uses.
6. Any reduction of an amount of common open space, landscaping or
buffering.
7. Any change to exterior elevations of buildings which alter rooflines,
building materials, approved color schemes or a result in a change in
architectural style.
8. 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.
Major changes are modifications which alter the concept or intent of the Planned Unit
Development. Factors which shall be considered in determining whether a proposed
change constitutes a major change include:
A. Nonresidential Components of a Planned Unit Development (This section is
pending legal review):
1. The proposed change to the following components which constitute a
greater than ten percent(10%) cumulative increase or decrease from
that shown on the approved Planned Unit Development Plan:
a. Gross floor area of a nonresidential building.
b. Acres of area used for nonresidential purposes.
c. Total gross floor area of all of the nonresidential buildings in
the project.
d. Total number of parking spaces for the project.
2. Change in location type or land use.
3. Change in type, number or location of a building.
4. Greater than a ten percent (10%) increase in the height of a building.
5. Change in the functional classification of a roadway.
6. Reduction in the acreage of open space or common open space.
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B. Residential Components of a Planned Unit Development(This section is pending
legal review):
1. The proposed change constitutes a greater than ten percent (10%)
cumulative change in the number of dwelling units in the Planned Unit
Development,based on the approved Preliminary Planned Unit
Development Plan; or
2. The proposed change constitutes a greater than ten percent (10%)
cumulative change in the height of any building or structure in the
Planned Unit Development other than single-family detached dwelling
units,based on the approved Preliminary Planned Unit Development;
or
3. Change in the location, size or types of dwelling units or land uses; or
4. Change in the functional classification of a roadway; or
5. Reduction in the acreage of open space.
If a major change is requested,the applicant shall submit a revised Preliminary P.U.D.
Plan and supporting data with an application for a major change to the Clerk's office, not
less than 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:
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. Minimum size of property shall be 10 acres.
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
City of Yorkville 9
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
e. Intensity of use
f. Street width
g. Sidewalks
h. Public utilities
i. Off-street parking
B. Residential
1. Minimum size of any Planned Unit Development property shall be 10
acres.
2. Business uses may be included as part of a planned residential
development when applicable.
3. Use regulations:
a.Uses proposed are consistent with those listed as allowable
uses in the respective zoning districts.
4. Uses listed as special uses in the zoning district in which the
development is located may be allowed.
5. Signs: In accordance with the regulations set forth in Chapter 12 of
this Title.
6. 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(200) feet 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 district in which the planned development is
located,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(this section is pending legal review).
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.
City of Yorkville 10
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 located 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. Non-Residential: In a planned business development, the following additional
requirements are hereby specified:
1 . Residential use may be included as part of a non-residential 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.
3. Any part of the planned development not used for buildings, loading
and access ways 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 (1) 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 ordinance. The schedule of fees shall be posted in the Clerks office and
may be altered or amended only by the City Council. Until all applicable fees, charges
City of Yorkville 11
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 ordinance shall be considered as separable, and
the invalidity of one or more shall not have any effect upon the validity of other sections,
clauses or provisions of this ordinance.
10-13-10: REPEAL OF CONFLICTING ORDINANCES:
Any and all other ordinances or parts of ordinances, in conflict herewith are repealed.
10-13-11: WHEN EFFECTIVE:
This ordinance shall be in full force and effect immediately after passage, approval and
publication in book form according to law.
Adopted by the City Council of the United City of Yorkville, on the Z day of
,2004.
WANDA OHARE 4— JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,
r�
Illinois, this 2 3 day of N 1;,,,,��� , A.D. 2004.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of p� �.,1 , A.D. 2004.
Attest:
CI CLERK
City of Yorkville 12
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
City of Yorkville 13