The Planned Development functions as an overlay zone, within which flexibility in the application of zoning standards offers an alternative method for developing land.

The planned development agreement is a mechanism for allowing development that advances the vision and guiding principles of the Comprehensive Plan beyond what strict adherence to the applicable regulations of the Zoning Ordinance would accomplish. The regulatory relief granted by a planned development agreement should foster creative development patterns that are not generally permitted by the Zoning Ordinance, but that nevertheless add value to the community.

A planned development agreement is not intended to be used principally to enhance the financial return anticipated from the development process.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

No proposed development is eligible to be considered for approval as a Planned Development unless it meets at least one of the following criteria:

(a)

The proposed development includes multiple principal structures.

(b)

The proposed development includes a mix of land uses.

(c)

The proposed development includes a mix of underlying zoning districts.

(d)

The proposed development is subject to an obligation requiring a planned development agreement arising out of an annexation agreement, City policy, or other similar mechanism.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

Planned development shall mean an area planned and developed in a unified manner in accordance with a planned development agreement which meets the specifications of this article. The development may consist of a single parcel, multiple adjacent parcels, or multiple disconnected parcels. The development shall be constructed and maintained by either a single owner or group of owners working together.

Planned development agreement, final shall mean a document detailing the specific location, dimensions, and design of the lots, utilities, rights-of-way, and buildings within a planned development, as well as any waivers requested and conditions imposed.

Planned development agreement, preliminary shall mean a document detailing the general terms and design of a proposed planned development, as well as any waivers requested and conditions imposed. A preliminary planned development agreement serves as an intermediary step before approval of a final planned development agreement. Applicants are not required to secure approval of a preliminary planned development agreement before applying for a final planned development agreement.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

(a)

Prior to the preparation of a formal application for a planned development agreement, the applicant shall meet with the Planning and Development Director or the Director's designee to discuss the proposed development. The Director shall inform the applicant of the City's plans and policies which may affect the development, the specific requirements for Planned Developments, and the procedures involved in submitting an application for a Planned Development.

(b)

The Planning and Development Director may direct that the applicant conduct a public information meeting about the project and provide notice to neighborhood groups.

(c)

At the request of the applicant, or at the Planning and Development Director's recommendation, a study session shall be scheduled with the Plan Commission to discuss the proposal as it relates to various planning issues.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

(a)

An application for a proposed planned development agreement shall be prepared by the applicant with assistance from the Planning and Development Department.

(b)

An application for a preliminary planned development agreement shall provide the following information:

(1)

Common address(es), legal description(s), permanent index number(s), and ownership of subject property (including required disclosure affidavits), as well as information identifying all design professionals or other consultants who are party to the application.

(2)

A description of the project and how the proposal relates to the findings of this Article.

(3)

A site plan showing the existing conditions and zoning of the subject property and surrounding properties.

(4)

A site plan showing the general location of proposed buildings, structures, streets, sidewalks, landscaping, screening or buffering treatments, and other improvements to be made to the subject property.

(5)

A list of any requested waivers of items ordinarily required by this Chapter or Chapter 31 of this Code, and justification for their approval.

(6)

If the applicant intends to sell or lease all or a portion of the Planned Development after the planned development agreement is approved, the agreement shall contain a statement indicating this intent. If applicable, the conditions of sale and maintenance of such developed properties shall be described and shall include a general description of any deed restriction, covenants, or other similar agreements.

(7)

A development schedule indicating the proposed time frame for construction and improvements.

(c)

An application for a final planned development agreement shall provide the information required by Subsection (b) of this section, as well as the following information:

(1)

Elevation or perspective drawing of all building improvements, including signs, sufficient to show the developer's intent.

(2)

A site plan including a legal description and property survey by a Registered Land Surveyor; the specific location and dimensions of all rights-of-way, easements, streets, sidewalks, utilities, and lots; and the specific location, dimensions, and uses of all proposed structures.

(d)

Complete applications shall be distributed to the following Outside Agencies for their review:

(1)

Champaign Fire Department;

(2)

Champaign Building Safety Division;

(3)

Champaign Engineering Division;

(4)

Champaign Public Works - Operations Division;

(5)

Local Drainage District, if any;

(6)

Urbana-Champaign Sanitary District;

(7)

Champaign-Urbana Mass Transit District;

(8)

Champaign Unit 4 School District;

(9)

Champaign Park District;

(10)

Ameren IP, or its successor;

(11)

Comcast Cable, or its successor;

(12)

Illinois American Water Company, or its successor;

(13)

SBC, or its successor;

(14)

Champaign County Emergency Services Disaster Agency (ESDA);

(15)

METCAD;

(16)

Illinois Department of Transportation, Paris Office, if adjacent to a State Highway;

(17)

Champaign County Highway Engineer, if adjacent to a County Highway;

(18)

Township Road Commissioner, if adjacent to a Township Road;

(19)

iTV-3, or its successor;

(20)

Verizon;

(21)

AT&T.

Outside Agencies shall be allowed ten (10) working days to submit comments to the Planning and Development Department. The Planning and Development Department shall forward all comments received from Outside Agencies to the applicant for consideration.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

(a)

The Plan Commission may consider and recommend, and the Council may grant, requested waivers of regulations or requirements of this Chapter in a proposed planned development agreement provided that each proposed waiver is consistent with the general purpose and intent of this Article.

(b)

No waiver from the requirements of this Chapter is available to an applicant for approval of a planned development agreement as a matter of right.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

(a)

The Plan Commission may consider and recommend, and the Council may grant, requested waivers of regulations or requirements of Chapter 31 of this Code in a proposed planned development agreement. The Plan Commission and Council shall consider all of the factors set forth in Section 31-106 of said Chapter 31, entitled "Waivers" prior to recommending or granting said waivers.

(b)

No waiver from the regulations or requirements of Chapter 31 is available to an applicant for approval of a planned development agreement as a matter of right.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

The Plan Commission may impose on a planned development agreement conditions reasonably sufficient to mitigate any adverse impacts of the proposed development, regardless of whether those impacts arise out of proposed waivers. The Plan Commission may consider conditions recommended by the Planning and Development Director, the applicant, or any other source.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

Upon receipt of a completed application form and all required supporting documents for approval of a proposed preliminary or final planned development agreement, and following the ten (10) day Outside Agency review period, the Planning and Development Director shall schedule a public hearing before the Plan Commission to review the proposed planned development agreement. Public hearings shall be conducted in accordance with the provisions of Article XV, Amendments and Hearings. Such hearings may be continued on motion of the applicant for purposes of revising the submitted application, or other required documents.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

(a)

The findings for public hearings shall be the same for both preliminary and final planned development agreements.

(b)

At the conclusion of the public hearing, the Plan Commission shall adopt a motion recommending either that the City Council approve or deny the request for approval of the proposed planned development agreement. The Plan Commission shall not recommend that the proposed agreement be approved unless it determines that each of the following criteria has been met:

(1)

The planned development agreement substantially advances the vision and guiding principles of the Comprehensive Plan beyond what strict adherence to the generally applicable regulations would accomplish.

(2)

The planned development agreement will produce a creative or unique development that would not be permitted under generally applicable regulations.

(3)

A planned development agreement is equally or more appropriate to achieve the proposed development outcome than a text amendment, zoning map amendment (rezoning), special use permit, or variation.

(4)

The conditions imposed are reasonably sufficient to mitigate any adverse impacts of the proposed development.

(5)

The impact of any use not permitted by the underlying zoning is designed to be compatible with surrounding land uses.

(c)

When a proposed planned development is eligible for consideration solely under Subsection 37-301.2(d) and seeks no waivers, the Plan Commission shall not recommend that the proposed agreement be approved unless it determines that each of the following criteria has been met:

(1)

The proposed development is subject to an obligation requiring a planned development agreement arising out of an annexation agreement, City policy, or other similar mechanism.

(2)

The planned development agreement does not seek any waivers.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

Within thirty (30) days after completion of the hearing the Plan Commission shall forward the request for approval of the proposed planned development agreement, along with its recommendation, to the City Council in the form of a Council Bill which approves the proposed planned development agreement in accordance with Article XV, Amendments and Hearings. The City Council shall determine whether or not to adopt the Council Bill approving the proposed planned development agreement based on the criteria listed for Plan Commission review.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

If the City Council adopts a Council Bill approving a planned development agreement, and all documents and bonds required by this Article have been tendered to the City in satisfactory form, the City Clerk, or Planning and Development Director, shall deliver for recording a certified copy of the duly adopted Council Bill and the approved planned development agreement.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

Within twelve (12) months following the City Council's approval of a preliminary planned development agreement, the applicant shall file an application for approval of a final planned development agreement or the preliminary planned development agreement shall expire. The Planning and Development Director may, at his or her discretion, extend the expiration date of the preliminary planned development agreement for up to six (6) months. The Planning and Development Director shall make such extension in writing, and only based on demonstrated good cause by the applicant. The Director shall notify the Plan Commission and City Council in writing of any such extension.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

(a)

The applicant shall conform to the development schedule as approved with the planned development agreement. If an initial application for a building permit for the Planned Development has not been filed within twelve (12) months from the approval of the planned development agreement by the City Council, the approval of the planned development agreement shall lapse and be void and the agreement shall no longer be in effect.

(b)

The Planning and Development Director may at his or her discretion, extend for up to one (1) additional year, the period for the beginning of construction, the establishment of an approved use, or completion of a phase of development as indicated in the development schedule.

(c)

The Director shall only make such extension in writing and only for demonstrated good cause by the applicant. The Director shall notify the Plan Commission and City Council of an extension request by the applicant. If a planned development agreement lapses under the provisions of this Section, the approval of the Planned Development shall be deemed rescinded. The Planning and Development Director shall notify the applicant of any decision at the address given on the planned development application and shall record notice of any such rescinded approval with the Recorder's Office. However, failure to notify or receive such notice shall not extend the time limits or the validity of a certificate or agreement under this Section.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

The Zoning Administrator shall approve a building permit within a planned development upon the Zoning Administrator's certification that the building permit application meets the requirements of conditions of the approved planned development agreement and all other applicable zoning regulations. Building permit applications must be accompanied by a site plan, a landscape development plan, and elevations showing conformance with the approved planned development agreement. Additionally, evidence that all plans, covenants, bonds, or certificates have been properly recorded and executed shall accompany the permit application.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

The construction and maintenance of all public facilities and improvements which are a part of the Planned Development shall be bonded for in accordance with the Subdivision Regulations, and approved prior to the recording of the planned development agreement. Such bonding shall also be required for private drives that provide ingress or egress for more than one structure.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

The Planning and Development Director may, at his or her discretion, approve amendments to the approved planned development agreement without additional Plan Commission and City Council approval, provided that each amendment satisfies one of the following criteria:

(a)

The amendment constitutes a minor change in the location, siting, size, design, or height of the buildings and structures consistent with the original intent of the planned development agreement. The following changes are minor changes:

(1)

Any change in the location of a building on the site, provided that the change complies with any applicable setback requirements.

(2)

A reduction of the proportion of a building frontage consisting of required transparent glass by no more than ten percent (10%).

(3)

A change in the gross floor area of any principal structure by no more than ten percent (10%).

(4)

A change in the lot or ground coverage of the principal structures by no more than ten percent (10%).

(5)

A change in the height of any principal structure by no more than ten percent (10%).

(6)

A change in the amount of off-street loading or parking spaces by no more than ten percent (10%).

(b)

The amendment consists of the construction of one or more accessory structures, each of which is less than seven hundred and fifty (750) square feet in area.

(c)

The amendment is not of a type addressed elsewhere in this section and is determined by the Planning and Development Director to meet the original intent of the planned development agreement and satisfy the findings of Section 37-311.6.

Any proposed amendment not satisfying one of the preceding criteria may only be approved pursuant to Plan Commission and City Council approval as outlined in Division 2 of this Article.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)

Amendments to existing planned developments approved by the City Council on or before June 6, 2017, shall be subject to the terms and provisions of this article.

(C.B. No. 2017-128, § 1(Exh. A), 6-6-17)