Centerburg City Zoning Code
CHAPTER 1107
Planned Developments
1107.01 PURPOSE.
(a) The purpose of the Planned Development (PD) District is to provide a means for encouraging ingenuity, imagination, and flexibility in the planning and designing of land areas. The PD provides a controlled flexibility by utilizing objectives and performance standards rather than rigid development standards, the intent being to encourage developments which possess greater amenities than that resulting under standard zoning district requirements.
(b) It is not the intent of the PD to allow applications to circumvent the intent of this code to permit residential density, housing types, commercial or industrial uses, or street and utility layouts that conflict with adopted village plans and policies or the character of the area.
(c) It is furthermore the purpose of the PD regulations to:
(1) Allow for creative and high-quality developments that are compatible with surrounding land uses and contribute to the overall quality of the Village of Centerburg;
(2) Encourage creative transit scenarios oriented towards pedestrians or other alternative forms, which is safe and efficient for both vehicular and pedestrian travel.
(3) Protect natural features such as topography, trees, and drainage ways in the existing state as much as possible;
(4) Provide for appropriate, adequate and usable open space where there is a residential component to the proposed PD;
(5) Ensure that there are adequate services and infrastructure to serve the proposed development and not decrease the services or infrastructure for existing uses; and
(6) Promote a harmonious design among the various elements and uses within the development while mitigating any potential negative impact on surrounding properties.
(Ord. 2023-16. Passed 6-5-23.)
1107.02 INTENT.
(a) The intent of the PD regulations is to provide a means for applying comprehensive and flexible planning and design techniques on properties substantially sized to accommodate such a plan. PD proposals shall not be applied to small areas as a means of bypassing traditional district regulations.
(b) The applicant shall have the burden of demonstrating that the proposed development, development size, and overall approach is reflective of the purpose for PDs, established above, and the review considerations incorporated into this chapter. Furthermore, the applicant shall demonstrate how the proposed development will help implement plans and policies adopted by Village Council. (Ord. 2023-16. Passed 6-5-23.)
1107.03 PLANNED DEVELOPMENT REVIEW PROCEDURE.
(a) In order to submit an application for PD review, the lot(s) included within the proposed PD shall be under a single ownership or control, or shall be subject to a joint application by the owners of all property included within the proposal.
(b) PD Review Procedure.
(1) Step 1 - PD Preliminary Plan and Zoning Map Amendment.
A. The PD Preliminary Plan approval procedure involves a zoning map amendment to rezone the subject property to a PD District with an approved PD Preliminary Plan and a PD Development Standards Document.
B. The PD Preliminary Plan shall include all maps and materials as may be established and required by the Zoning Administrator or Planning Commission in accordance with Section 1103.06(a)(2).
C. The PD Development Standards Document shall include and information that will demonstrate that the project meets the intent for a PD, as established in Section 1107.02, above. Additionally, the PD Development Standards document will establish the zoning standards that shall apply to lots and uses within the PD including minimum lot areas, setbacks, building heights, lot coverages, etc. Additional information may be included based on the requirements of the Zoning Administrator or Planning Commission in accordance with Section 1103.06(a)(2).
E. In accordance with the zoning map amendment review procedure, the Planning Commission shall hold a public hearing to review the PD Preliminary Plan and PD Development Standards Document, and make a recommendation to Village Council to approve, approve with modifications, or deny the application. The recommendation shall be made based on review of the application using the criteria contained in Section 1107.03(d).
F. In accordance with the zoning map amendment review process, the Village Council shall hold a public hearing on the PD Preliminary Plan, PD Development Standards Document, and zoning map amendment and decide to approve, approve with modifications, or deny the application using the criteria contained in Section 1107.03(d). If the application is approved, the area of land involved in the application shall be rezoned as an PD with a related, approved PD Preliminary Plan and PD Development Standards Document.
G. In making its recommendations or decisions, the Planning Commission and/or Village Council may impose such conditions of approval as are in its judgment necessary to insure conformity to the applicable criteria and standards of this code and with approved village plans.
(2) Step 2 - PD Development Plan Review.
A. Within two years after the approval of the PD Preliminary Plan and PD Development Standards Document, the applicant shall file a PD Development Plan for the entire development, or when submitting in phases, for the first phase of the development.
B. Upon determination by the Zoning Administrator that the PD Development Plan application is complete, such plans shall be submitted to the Planning Commission for review at its next regularly scheduled meeting, or at a special meeting.
C. The Planning Commission will review the PD Development Plan to determine whether it substantially conforms to the previously approved PD Preliminary Plan, PD Development Standards Document, and to all other applicable standards of this code. If the Planning Commission determines that there have been major changes from the PD Preliminary Plan or PD Development Standards Document, then the Planning Commission shall have the authority to forward the PD Preliminary Plan and PD Development Standards Document to Village Council for a decision. Major changes are defined pursuant to Section 1107.03(e).
D. If more than two years passes from the date of approval of the PD Preliminary Plan and PD Development Standards Document, and the PD Development Plan has not been submitted, the PD Preliminary Plan and PD Development Standards Document shall be deemed expired and shall be of no further force and effect. After the PD Preliminary Plan and PD Development Standards Document have expired, the PD zoning designation shall remain in place, but no development shall be authorized unless the property owner, or authorized agent, submits a new application for a PD Preliminary Plan and PD Development Standards Document for review pursuant to this article, or applies for a zoning map amendment to another zoning district. The Planning Commission or Village Council may also initiate a zoning map amendment after the expiration of a PD Preliminary Plan and PD Development Standards Document.
E. Preliminary subdivision plat review may occur concurrently with the PD Development Plan approval.
F. An applicant shall submit a PD Development Plan for review. The application shall be subject to the common review requirements of Section 1103.06 and the required fee shall be submitted, as established in the Village of Centerburg fee schedule.
G. The Planning Commission shall hold a public meeting on the PD Development Plan and decide to approve, approve with modifications, or deny the application using the criteria contained in this chapter.
H. In its decision, the Planning Commission may impose such conditions of approval as are in its judgment necessary to ensure conformity to the applicable review considerations and standards. In so doing, the Planning Commission may table any action until the applicant presents revised plans the reflect such conditions. In making a motion to table the action, the Planning Commission may establish a deadline for the submission of such revisions, with a minimum of sixty (60) days provided. Failure to comply with any deadlines shall result in the Planning Commission making a decision to deny the application or allowing for a time extension for good cause shown.
(c) Time Limits for the PD Final Plan.
(1) Any PD Development Plan shall be valid for a period of five (5) years after the date of approval by the Planning Commission. If no development has begun (development being defined as the start of construction of the required public/private improvements as shown on the approved PD Development Plan for one or more phases of the project) in the PD within five years from the date of approval, such approval of the PD Final Plan shall lapse and be of no force and effect.
(2) If an approved PD Development Plan lapses as provided in Paragraph (1) above, the originally approved PD Preliminary Plan shall also be considered void.
(3) Voiding of the PD Preliminary, PD Development Standards Document, and PD Development Plans shall not rezone the property. After such plans are voided, the Planning Commission, the Village Council, or property owners may initiate a rezoning to another zoning district in accordance with Section 1103.07 or the property owner, or their agent, may resubmit a new PD Preliminary Plan and PD Development Standards Document in accordance with the procedures of this chapter.
(d) PD Review Considerations. All PD applications shall be reviewed based on the following general considerations and the applicable review body shall consider such considerations in the creation of their recommendations and decisions regarding PD applications:
(1) The proposed development is in conformity with all applicable, adopted Village plans;
(2) The proposed development meets the intent and spirit of this code and all other applicable Village ordinances;
(3) The development provides an environment of stable character that promotes a harmonious relationship between land uses within the site and a harmonious relationship with surrounding development, utilizing adequate buffers where necessary;
(4) The proposed development provides a development pattern which preserves and utilizes the natural topography, geologic features, scenic vistas, natural vegetation and natural drainage patterns of the site;
(5) The proposed development promotes the opportunity for privacy within residential areas and minimizes nuisances between residential areas and other land uses;
(6) The proposed development does not impose an undue burden on public services and facilities such as fire and police protection, schools, water supply and wastewater disposal due to excessive population densities;
(7) The proposed development is accessible from public thoroughfares adequate to accommodate the traffic which shall be imposed on them by the proposed development, and the proposed streets and parking areas within the site are adequate to serve the proposed arrangement of land uses;
(8) The proposed development minimizes pedestrian, bicycle, and vehicle conflicts;
(9) The proposed development provides a higher quality and more useful design of landscaping and open space and amenities than would normally be required under the strict application of existing requirements in this code;
(10) The PD plans have been transmitted to all other agencies and departments charged with responsibility of review and any identified issues have been reasonably addressed by the applicant;
(11) Where common open space is provided, appropriate arrangements with the applicant have been made which will ensure the reservation of common open space as indicated on the PD Development Plan, Adequate provision shall be made for the long-term maintenance and/or operation of the open space and its improvements, as follows:
A. The proposed common open space may be conveyed to a public authority which agrees to maintain the common open space and any buildings, structures or improvements which have been placed on it. All land dedicated to the public shall meet the requirements of the appropriate authority as to size, shape and location. Public utility or other similar easements and rights of way for water course, other similar channels or for storm drainage facilities are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the authority to which the land is dedicated;
B. The proposed open space may be conveyed to the trustees of a Homeowners Association or similar organization formed for the maintenance of the planned development. The common open space may be conveyed by covenants under such an arrangement subject to approval by the Planning Commission. Such covenants shall restrict the common open space to the uses specified on the final development plan and provide for the maintenance of common open space in a manner which assures its continuing use for its intended purpose.
(e) Modifications to Approved PDs.
(1) Where a lot owner on a lot in a PD seeks a variance from the applicable standards for an individual lot that will not apply to any other lot in the PD, the property owner shall request such variance in accordance with Section 1103.12.
(2) Any request to change or otherwise modify the approved PD Development Plan as it applies to more than one lot owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this subsection.
(3) Major Change. Major changes to a PD require the prior approval of the Planning Commission and the Village Council. The Planning Commission shall have the authority to determine if a proposed change is a major change. Such changes include, but are not limited to:
A. Expansion of the PD project beyond the original tract coverage;
B. Removal or subtraction of land from the original tract coverage;
C. Proposed changes that will result in an increase in residential density;
D. Changes to the list of uses allowed in the PD;
E. Changes in the development plan relative to the size and arrangement of buildings, the layout of streets or circulation patterns, the size, configuration and location of common open space, and changes in any approved elements of the PD; and
F. Amendments to the conditions that were attached to the PD development plan approval.
(4) Minor Changes.
A. Minor changes are those proposed by the applicant/owner which do not disturb or affect the basic design and approved PD Development Plan and which are essentially technical in nature, as determined by the Planning Commission.
B. Examples of minor changes include, but are not limited to, change in the intensity of lighting, changes in the size and location of water and sewer lines within approved easements and changes in the location and number of fire hydrants.
(Ord. 2023-16. Passed 6-5-23.)
1107.04 ENFORCEMENT.
Failure to comply with the approved plan or any prescribed conditions or approval, including failure to comply with the stage development schedule, shall be considered a violation of this code, subject to Chapter 1123: Enforcement and Penalties.
(Ord. 2023-16. Passed 6-5-23.)
1107.05 PERMITTED USES.
(a) Principal Uses.
(1) The applicant shall include a list of uses that are proposed for the PD as part of the PD Preliminary Plan and PD Development Standards Document review. This list shall include a list of any uses that may be added at a later late (i.e., any use that could replace another if an original use is discontinued). Only those uses listed therein as a permitted use, whether permitted as-of-right, permitted with standards, or permitted as a conditional use, may be considered in the application of a PD. As part of any approval, the Planning Commission and/or Village Council may restrict the uses proposed by the applicant within an individual PD by adopting a revised list of uses permitted within the PD.
(2) In general, any standards that apply to a specific use in this code shall also apply to those same uses in a PD. However, the Planning Commission and Village Council may adjust or waive any of those use-specific standards (See Section 1105.06.) based on unique circumstances specific to the applicable development such waiver is reviewed based on the review considerations of Section 1107.03(d).
(3) Any changes in uses within an approved PD shall be required to be reviewed as part of a major PD amendment.
(b) Accessory Uses.
(1) Unless otherwise allowed for in the approved plans, accessory uses associated with development in a PD shall be allowed in accordance with the following:
A. Accessory uses permitted in the ER, R-1, R-2, and R-3 Districts district shall be allowed for any residential use.
B. Accessory uses allowed in the CC District shall be allowed for nonresidential uses.
(2) Any allowed accessory uses shall still comply with the applicable accessory use standards established in Section 1109.01.
(3) As part of any approval, the Planning Commission and Village Council may restrict the accessory uses permitted within an individual PD.
(Ord. 2023-16. Passed 6-5-23.)
1107.06 DEVELOPMENT STANDARDS.
(a) Minimum Site or Lot Requirements.
(1) Lot area, yards, setbacks, building heights, frontages, and related limitations contained in other sections of this code may be waived for a PD, provided that the spirit and intent of this code and this section are met as determined by the Planning Commission and Village Council. All of this information must be included in the PD Preliminary Plan and PD Development Standards Document.
(2) Every principal building in a PD shall have access either to a public street, walkway or other area dedicated to common use.
(b) Common Open Spaces.
(1) A minimum of twenty percent (20%) of the total gross area of the PD project site shall be set-aside for public parks and/or common open spaces.
(2) All common open space shall be in accordance with the following:
A. The location, shape, size and character of common open space shall be suitable for the proposed residential uses in relation to the location, number and types of dwelling units it is intended to serve. In any case, it shall be highly accessible to all residents or users of the PD;
B. The common open space shall be used for amenity and/or recreational purposes. Any uses and/or buildings authorized for the common open space must be appropriate to the scale and character of the PD in relation to its size, density, expected population, topography and the type of dwellings;
C. The common open space shall be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriate to the uses which are authorized for the common open space and shall conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition; and
(c) Landscaping and Screening.
(1) Every effort shall be made to preserve mature stands of trees and other natural features having intrinsic, aesthetic value.
(2) Outdoor areas or containers holding or storing trash, garbage, recycled or reused materials shall be screened on three sides from adjoining properties, streets and other public areas.
(3) All nonresidential uses shall be landscaped and screened in accordance with Chapter 1113: Landscaping and Screening.
(d) Off-Street Parking and Loading. Unless alternative standards are approved as part of the PD approval process, adequate off- street parking shall be provided, including provisions for guest parking, in accordance with Chapter 1115: Parking, Access, and Connectivity.
(e) Vehicular Access Points.
(1) The number of ingress and egress points shall be limited in order to reduce the number of potential accident locations with streets.
(2) Adequate and properly arranged facilities for internal pedestrian and traffic circulations shall be provided.
(3) The street and thoroughfare network shall be designed to minimize truck and through traffic passing through residential areas of the development, especially where dwelling units with two or more bedrooms are common.
(f) Signs. Unless alternative standards are approved as part of the PD approval process, signs shall be allowed in accordance with Chapter 1117: Signs and shall be integrated into the building and landscaping plans so as to enhance the overall appearance while providing adequate identification of the development.
(g) Improvement Standards.
(1) Unless alternative standards are approved as part of the PD approval process, all PDs shall comply with the applicable subdivision improvement and design standards including, but not limited to, sidewalks, street design, drainage, and utilities.
(2) All streets proposed within a PD shall be public streets, dedicated to the Village, County, or State in accordance with the applicable subdivision regulations, unless otherwise approved by Planning Commission and Village Council as part of the PD development plan approval. In considering the approval of any application that proposes the use of private streets, the Planning Commission and Village Council shall consider the following:
A. All private streets shall be designed in accordance with the standards of the subdivision regulations except that curbs and gutters may be waived and street width reduced if adequate provision has been made for storm drainage, guest parking and for access by emergency vehicles and trash collection trucks.
B. Private streets shall be oriented and designed to discourage through traffic movement.
C. Private streets should not be designed for extension into any adjacent development or provide access to future development which may occur on adjacent undeveloped land; and
D. Any development proposed containing private streets shall also contain a description of the method by which such streets are to be maintained.
(3) In addition to any sidewalk requirements required by the applicable subdivision standards, any PD that contains residential uses shall provide for adequate pedestrian walkways connecting residences to existing and proposed recreational facilities, schools, neighborhood shopping, other residential areas, and adjoining sidewalks.
(Ord. 2023-16. Passed 6-5-23.)