The development and execution of a zoning ordinance is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. It is also recognized that new types and procedures in land development or redevelopment are emerging and that the mixing of uses and variations in heights and yards can produce very satisfactory and lasting results if properly designed and planned and designed without adverse influence upon surrounding property.

(Code 1994, § 5-12-1)

A planned development is a use of land containing two or more buildings which offer benefits to the neighborhood of which it is a part or to the general public welfare even though it may not conform to all of the regulations of the district in which it is located.

(Code 1994, § 5-12-2)

No lot having an area of less than five acres shall be eligible for designation as a planned development. The major requirement is that the tract be both self-contained and homogeneous, as well as being improved so as to benefit the entire city with no adverse effect upon the surrounding property.

(Code 1994, § 5-12-3; Ord. No. 4141, § 1, 2-18-2014)

The applicant shall submit a tentative development plan to the zoning board of appeals for an approval in principle, and the board shall approve prior to the submission of an application for a planned development special use permit. The written consent of all property owners within the development shall be on file with the city before study of a tentative development plan shall be commenced. Approval in principle of the tentative development plan shall be limited to the general acceptability of the land uses proposed and their interrelationships and shall not be construed to endorse precise location of uses configuration of parcels or engineering feasibility.

(Code 1994, § 5-12-4; Ord. No. 2544, 10-29-1991)

Any person owning land within the city may apply to the zoning administrator for approval of a planned development. The zoning administrator shall refer the preliminary application to the zoning board of appeals for public hearing and report. The board may approve or disapprove the application or make recommendations regarding changes or revisions that it deems desirable. The city council shall study the report and recommendations of the board, and, if the council approves the preliminary application or changes therein, the applicants may proceed with the preparation of the final plan. Preliminary application shall, if requested by the zoning board of appeals, be accompanied by the following:

(1)

A sepia map with ten prints of a survey of the property in accordance with the building regulations showing existing features of the property, including specimen trees, structures, streets, easements, utility lines and existing land use.

(2)

A sepia map with ten prints of a preliminary development plan which shall be in conformance with the approved tentative plan, showing, as appropriate, all of the information required on the tentative development plan; the approximate location and proposed density of dwelling units; nonresidential building intensity; and land uses considered suitable for adjacent properties.

a.

Proposed land uses, population densities and building intensities.

b.

Proposed circulation pattern, indicating both public and private streets and off-street parking ratio.

c.

Proposed parks, playgrounds, school sites and other open spaces.

d.

A market analysis of proposed commercial uses if the property is not zoned for commercial purposes at the time of submittal of the preliminary development plan.

e.

Delineation of the units to be construed in progression, if any.

f.

Relation to future land use in surrounding area and East Peoria Comprehensive Plan.

(3)

A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; tabulation of total number of acres in the project and the percent thereof designated for various uses; the number of dwelling units proposed by type of dwelling for each unit of the development; estimated residential population by type of dwelling for each unit of the development; estimated nonresidential population; proposed retail sales by unit and economic justification; anticipated timing for each unit and standards for height, open land in streets, population density and public improvements proposed for each unit of the development when the applicant proposes an exception from the standard zoning district or other ordinance regulations governing development. The applicant shall provide an itemized list of exceptions by unit and by zoning district when exceptions are requested by the applicant from the standard zoning district.

(4)

The written approval of every property owner within the development to be bound by the proposed agreements and conditions, and to agree to file the written agreement with the county recorder of deeds before the final plan is approved by the city council.

(5)

Engineering feasibility studies, as necessary.

(Code 1994, § 5-12-5; Ord. No. 2544, 10-29-1991)

Planned development approval shall be secured for each unit of the development as delineated on the preliminary development plan and approved by the zoning board of appeals and the city council. Planned development plans shall be concerned with, but not necessarily limited to, the following:

(1)

A sepia map with ten prints of the site plan showing buildings, various functional use areas, circulation and their relationships.

(2)

Preliminary building plans, including floor plans, exterior elevators and outline specifications of type of building materials, type of wall and roof construction, type of pavement and surfacing materials.

(3)

Landscaping plans including type of plant materials and their arrangement.

(4)

Engineering plans, including site grading, street improvements, drainage and public water, sanitary sewer and storm sewer extensions, as necessary.

(5)

Information necessary for elevation and assignment of fire zone designations, including proposed use and occupancy, and building heights and area of each building or structure, and proposed distances between buildings and structures and distances to property lines.

(6)

There shall also be submitted with the final plan a written agreement of restrictions ensuring the city that the development will be carried out in full compliance with the final plan and within the time schedule of construction submitted with the final plan.

(Code 1994, § 5-12-6; Ord. No. 2544, 10-29-1991)

A planned development shall conform to the following requirements:

(1)

The number of dwelling units erected shall not exceed the number permitted by the regulations of the district in which it is located.

(2)

The yards and open spaces adjoining the boundaries of the project shall not be less than the yard requirements of the district in which it is located.

(3)

If a building is permitted to exceed the height limit of the district in which it is located, the yards and open spaces around such building shall be increased by an amount equal to the height that the building exceeds the height limit of the district measured in feet.

(4)

Uses other than those authorized as permitted or special uses within the zoning district in which the planned development is proposed to be located may not be approved unless all of the following conditions and limitations have been met:

a.

The zoning board of appeals finds that the otherwise unauthorized uses are necessary to the success of the development;

b.

The zoning board of appeals finds that the otherwise unauthorized uses are not of a nature or so located as to have a detrimental influence on the development or on the surrounding neighborhood;

c.

Not more than one-third of the ground area of such development shall be devoted to the otherwise unauthorized uses;

d.

In a planned development which includes uses authorized in the M-1 or M-2 zoning district pursuant to chapter 11 of this title, the otherwise unauthorized uses shall conform with the performance standards for industrial uses as set forth in chapter 11 of this title;

e.

The otherwise unauthorized uses so allowed are recorded on the zoning district maps by appropriate symbols or by reference to documents on file with the zoning administrator;

f.

Where the planned development is to be located in a residential district, no otherwise unauthorized use shall be allowed unless the area of the planned development exceeds 20 acres;

g.

No portion of a planned development occupied by an otherwise unauthorized use may either before or after completion of the development be subdivided in such a manner as to separate the area occupied by the otherwise unauthorized use from the remainder of the development.

(5)

The amount of off-street parking must be adequate to serve the needs of the projects, and the zoning board of appeals and city council may require more off-street parking than is otherwise required by this title.

(6)

If any open space or recreational facility is to be used solely by the residents of the project, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly improved, maintained and operated.

(7)

Underground utilities. Underground utilities, including telephone and electric systems, are required within the limits of the planned development. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the zoning board of appeals finds that such exemption will not violate the intent or character of the development.

(Code 1994, § 5-12-7; Ord. No. 2544, 10-29-1991; Ord. No. 4141, § 2, 2-18-2014)

In the case of any planned development, the zoning board of appeals may recommend, and the city council may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of such development, provided that the board shall find:

(1)

That such exception shall be solely for the purpose of encouraging a desirable living environment.

(2)

That along the periphery of planned developments, yards shall be provided as required by the regulations of the district in which the development is located.

(3)

That the minimum lot area per dwelling unit requirements of this title would not be decreased by more than 15 percent in any such development containing residential uses.

(4)

That spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this title on separate lots, due consideration being given to the openness normally afforded by intervening streets and alleys.

(5)

That maximum lot coverage in a residential planned development does not exceed 30 percent in the residential zoning districts.

(6)

Other standards for yard regulations, signs, parking, loading and screening for a planned development shall be governed by the standards of the residential, commercial or industrial zoning districts most similar in nature and function to the proposed planned development as determined by the zoning board of appeals. Standards for public improvements shall be governed by the applicable ordinances and laws of the city. Exceptions to these standards by the zoning board of appeals and the city council are possible when these bodies find that such exceptions are warranted in terms of the total proposed development unit thereof.

(Code 1994, § 5-12-8; Ord. No. 2544, 10-29-1991)

When the zoning board of appeals and city council approve the final plan and accompanying agreements, the zoning administrator shall issue the necessary permits for all of the project or for such phases thereof that are to be first constructed. The zoning administrator may, from time to time, approve minor changes within the project, but such changes shall not be of a nature that would affect the character and standard of the planned development.

(Code 1994, § 5-12-9; Ord. No. 2544, 10-29-1991)

(a)

At the time of approval of a final plan, the city council may in its discretion establish a deadline for the commencement or completion of a planned development or any component thereof. Except where a different deadline is or has been provided by the city council, a planned development special use permit shall be deemed to have automatically terminated on the fourth anniversary of the date of approval of the final plan by the city council unless all buildings, structures, streets or other improvements shown on the final plan approved by the city council have been completed in accordance with the approved plan.

(b)

The city council may, in its discretion, extend any deadline established for a planned development after receiving a recommendation from the zoning board of appeals following a hearing conducted in the manner prescribed for a special use.

(Code 1994, § 5-12-10; Ord. No. 2544, 10-29-1991)

At the time of the granting of the permit, the city council shall make appropriate arrangements with the applicant which will ensure the accomplishment at the scheduled times of the public improvements and grants of easement shown on the approved final plan.

(Code 1994, § 5-12-11)

Any person entitled to file an application for a zoning amendment may contemporaneously file an application for a planned development. A single notice and hearing may be used for such joint application. The zoning board of appeals shall make specific findings of fact with respect to each application and shall make its recommendations both on the application for the amendment and on the application for the planned development, and the city council shall make separate decisions on both applications, the decision on the application for the planned development being governed by the provisions of section 5-13-1. If, during the course of a hearing on an application for an amendment reclassifying specific property to a different district, the applicants representations or evidence tend to show that the proposed development would constitute a planned unit development as defined in section 5-13-2 hereof, the zoning board of appeals may treat the application as a joint application pursuant to the above, for both the amendment requested and for the grant of a planned development use permit, such joint application to be handled according to the procedures specified above. In such case, the previously published notice of the hearing on the application for amendment shall be deemed to have constituted notice that an application for a planned development was requested; provided, however, that no application which grants any use exceptions pursuant to section 5-13-1 shall be granted unless the previously published notice specifically indicated that such planned development use permit might be granted, or unless the zoning board of appeals orders an additional notice and hearing. The provisions of section 5-13-1 shall be printed on every application for an amendment.

(Code 1994, § 5-12-12; Ord. No. 2544, 10-29-1991)