The city council is hereby authorized to approve or disapprove planned unit developments, upon recommendation from the planning and zoning commission, in accordance with the provisions of this title. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 34, 8-5-2019)

A.

Planned unit developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the actions of the planning and zoning commission and city council.

A planned unit development is a privilege to be earned and not a right which can be claimed simply upon complying with all the standards established in this section. The planning and zoning commission and city council may require any reasonable conditions or design considerations which will promote proper development of benefit to the community. It is not intended that the city council automatically grant the maximum use exceptions or density increase in the case of each planned unit development. The commission shall recommend and city council may grant only such increase or latitude which is consistent with the benefit accruing to the city as a result of the planned unit development. As a condition for approval, each planned unit development must be generally compatible with the character and objectives of the zoning districts within which it is located, and each planned unit development shall be consistent with the objectives of the city's comprehensive plan.

B.

Specific purposes of the planned unit development procedure are:

1.

Residential Planned Unit Development: To offer recreational opportunities close to home and to enhance the appearance of neighborhoods by the conservation of streams and points of natural beauty. To add to the sense of spaciousness through the preservation of natural areas and open spaces, to counteract the effects of urban monotony and congestion in the streets and to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions. To promote appropriate architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of the site, including cluster development, where appropriate.

2.

Office Or Business Planned Unit Development: To promote the cooperative development of office or business centers each with adequate off-street parking, to control access points on thoroughfares and to separate pedestrian and automobile traffic. To aid in stabilizing property values and to develop centers of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped transition areas and to encourage harmonious architecture between adjacent commercial structures and between dwellings and commercial structures. Business planned unit developments could include general or professional offices as well as retail and service uses.

Several existing business locations within the City are potentially subject to redevelopment as a result of expressed public policy or general deterioration and obsolescence. These locations are proximate to the more historic business and retail areas of the community. Because of the unique character of these business areas, and the potential for incompatible development in the reuse or redevelopment, the B6 planned unit development district requires mandatory planned unit development approval to ensure a comprehensive evaluation of existing conditions and needs to provide for compatible development.

3.

Office Research and Industrial Planned Unit Development: To promote the establishment of research and industrial parks, to permit groups of industrial buildings with integrated design and a coordinated physical plan, to encourage recreational facilities within industrial areas and to buffer adjacent residential areas with landscaped green spaces. To this extent office research and industrial planned unit developments will seek "campus like" settings for employment and manufacturing and uses which meet basic recreation and service needs.

Because the City has planned for future employment areas proximate to residential areas, the City will carefully evaluate proposed recreational and open space systems and bicycle and pedestrian system connections within and areas surrounding the planned unit development to ensure system continuity.

4.

Development Opportunity Sites and Redevelopment Opportunity Site Planned Unit Development: To promote the development or redevelopment of unused or underused sites where development should be encouraged. A range of different uses may be appropriate for these sites, as set forth in the city's Comprehensive Plan and Downtown/Station Area Master Plan.

(Ord. 95-28, 5-1-1995; Ord. No. 2016-19, § 1, 5-16-2016; Ord. No. 2019-17, §§ 35, 36, 8-5-2019)

The owner of the property for which a planned unit development is sought may initiate a request for a special use planned unit development. (Ord. 95-28, 5-1-1995)

A.

Preapplication Conference: Prior to filing a formal application for approval of a planned unit development, the developer shall request a preapplication conference with the director of community development. The director of economic development shall be invited to attend conferences for projects proposing nonresidential land-uses. The purpose of the conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose the presentation shall include, but not be limited to, the following:

1.

Written "letter of intent" from the developer establishing his intentions as to development of the land.

2.

Sketch plans and ideas regarding land use, the design and scale of commercial or industrial development, dwelling type or other intended occupancy(s), and density, street and lot arrangement, and tentative lot sizes.

3.

Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements, as appropriate.

The director of community development shall advise the developer of the zoning requirements and city plans which might affect the proposed development as well as the procedural steps for approval.

Sketch plan review may be required, or desired, before the planning and zoning commission or city council to provide greater exposure and input in the early planning stages. Either the director of community development or applicant can request a meeting with the planning and zoning commission, city council, or both, to discuss the sketch plan.

B.

Application; Preliminary, Final And Combined Plans: The owner of the property for which a special use planned unit development is sought shall file an application with the community development department, which application shall be accompanied by a nonrefundable fee established from time to time by the city council. The community development department will not accept an incomplete application. The application shall contain the following information:

1.

Preliminary Plan: Following the pre-application conference, the preliminary plan of the planned unit development shall be filed with the director of community development, who shall in turn forward copies, within ninety (90) days, to the planning and zoning commission for its consideration and public hearing. Required documentation in the preliminary plan includes:

a.

Name, address and telephone number of the owner. If property ownership is in trust, the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest.

b.

Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest. For purposes of this subsection, the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application. The application shall include the signature of the owner(s).

c.

An affidavit in which the applicant: 1) lists the names and addresses of the record owners of each parcel of property located within a five hundred foot (500') distance of the subject property, including public streets and rights-of-way; and 2) states under oath that the list is true and correct to the best of the applicant's knowledge and belief.

d.

A plat of survey and legal description for the entire tract in which the planned unit development is sought and a legal description of each zoning district as part of the planned unit development.

e.

The preliminary plan and supporting data shall be in accordance with the provisions of section 11-9-6 of this chapter.

2.

Final Plan: The final planned unit development plan shall conform substantially to the preliminary plan as approved, and may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. Required documentation in the plan includes:

a.

The names, addresses and telephone numbers of the applicant including the name and address of each person or entity owning an interest in the property. Where ownership interest has changed from the time or preliminary plan approval, a statement in accord with subsection B1a of this section.

b.

The final plan and supporting data shall be in accordance with the provisions of section 11-9-6 of this chapter.

c.

The final plan shall be accompanied by a written construction schedule for the development.

3.

Combined Preliminary And Final Plan: The preliminary and final plan may be filed and simultaneously approved, if all requirements are met. Nonrefundable application fees for each preliminary and final plan approval shall apply. (Ord. 95-28, 5-1-1995; Ord. 2017-07, 4-17-2017; Ord. No. 2019-17, §§ 37, 38, 8-5-2019)

A.

Procedure For Decision Preliminary Plan:

1.

Planning and Zoning Commission Public Hearing And Recommendation: The commission shall hold a public hearing on each proposed planned unit development in accordance with section 11-14-4 of this title, and forward its findings and recommendations to grant or deny the plan to the city council, within ninety (90) days of close of the hearing. This time period may be extended by mutual consent of the planning and zoning commission and applicant.

2.

City Council Action: The city council shall grant or deny the requested planned unit development.

3.

Record Of Actions And Proceedings: Upon approval of the preliminary plan by the city council, a record shall be prepared including findings of fact, recommendations of city departments and officers, exceptions or bonuses granted, conditions applied, and modifications ordered. This statement shall be maintained on file with the development plans.

4.

Approved Preliminary Plans; Timing Of Final Plan Submission: Approval of a preliminary planned unit development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans. The final plan, or the first phase of the final plan shall be submitted by the developer not later than two (2) years (or such additional time, as may be authorized by the commission from time to time) after approval of the preliminary plan.

B.

Procedure For Decision; Final Plan:

1.

Planning and Zoning Commission Review And Recommendation: The final plan and supporting data shall be filed with the director of community development and forwarded to the planning and zoning commission for determination (within sixty (60) days of the date the item first appears on the planning and zoning commission agenda) whether the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

After review of the final plan and supporting data, the planning and zoning commission shall forward their findings and a recommendation to the city council.

2.

City Council Action: The city council shall grant or deny the final planned unit development application. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, §§ 39, 40, 8-5-2019)

Planned unit development plans and supporting data shall include, but not be limited to, the following information:

A.

Preliminary Plan:

1.

Each application shall include forty (40) copies of all full sized documents and drawings. For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet (1" = 100') shall be used. In no event shall individual sheets or drawings exceed thirty inches by forty-two inches (30" × 42"). In addition, one set of reduced copies sized at eleven inches by seventeen inches (11" × 17") shall be submitted. All sets of drawings submitted shall be folded. The submission may be composed of one or more sheets and shall include:

a.

Boundary lines - bearings and distances.

b.

Easements - location, width, and purpose (including fire lanes).

c.

Utilities on, and adjacent to, the tract: location, size, and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; direction and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.

d.

Ground elevations on the tract: for land that slopes less than one-half percent (0.5%), show one foot (1') contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions at two foot (2') contours. Contour lines shall extend a minimum of fifty feet (50') beyond the property line.

e.

Floodplains, wetlands and any naturally forested or wooded areas.

f.

Areas that can reasonably be expected to or which do contain soils or materials contaminated with but not limited to heavy metals, petroleum products, PCBs, pesticides, fly ash, or other toxic or hazardous materials.

g.

Underground storage tanks, if any.

h.

Areas located within one thousand feet (1,000') of a former sanitary landfill, dump or disposal area.

i.

Surface and subsurface conditions of the tract. Location and results of tests made to ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet (5').

j.

Pertinent conditions on adjoining land: approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences.

k.

Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the tract. (Information to be supplied by city staff.)

l.

Zoning on, and within two hundred fifty feet (250') adjacent to, the tract.

m.

Uses of each building or structure, as well as the specific overall land use of the premises.

n.

Title and certificates - present tract designation according to official records in offices of the Kane County recorder of deeds and title under which the proposed development is to be recorded.

o.

Open space - all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

p.

General location, purpose, and height of each building, other than single-family residences on individual lots.

q.

Map and development data including:

Name of development
North point, scale, and date of preparation.
Location/vicinity map (scale: 1" = 1,000')
Total acreage of site
Total land dedicated to open space
Total impervious surface area

r.

A landscape plan.

s.

A preliminary signage plan indicating intentions for freestanding and wall signage.

t.

A preliminary plat of subdivision.

2.

Planned Unit Development: Explanation of the character of the planned unit development and the reasons why it has been planned to take advantage of the flexibility of these regulations. A description of all variations from overlying district regulations must be provided.

a.

Schedule: Development schedule indicating:

(1)

Stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Over all design of each stage shall be shown on the plan and through supporting graphic material.

(2)

Approximate dates for beginning and completion of each stage.

b.

Covenants: Proposed agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the planned unit development and any of its common open space.

c.

Density: Provide information on the density of residential uses, including dwelling units per acre, the number of dwelling units by type and the number of buildings by type.

d.

Nonresidential Use: Provide information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount and location of common open space.

e.

Service Facilities: Provide information on all service facilities and off-street parking facilities.

f.

Architectural Plans: Preliminary architectural plans, including elevations for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size, and type of dwelling units.

g.

Facilities plans including engineering (including street profile plans) for:

Roads, including classification, width of pavement
Sidewalks
Sanitary sewers
Storm drainage
Water supply system
Underground lighting program
A concept landscape planting plan

h.

Special studies and analyses as necessary, including, but not limited to:

Fiscal impact analysis
Market feasibility analysis
Traffic impact analysis

B.

Final Plan Stage:

1.

Final Detailed Plan: A final plan, suitable for recording with the Kane County recorder of deeds shall be prepared. The purpose of the planned unit development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan shall meet the submission requirements of subsection A1 of this section. Further, the final plan of the planned unit development shall include, but not be limited to:

a.

Names, addresses and telephone numbers for the developers and professionals as part of the development assisting in the preparation of any aspect of plans.

b.

An accurate legal description of the entire area under immediate development within the planned unit development.

c.

A final plat of subdivision (for those areas for which final plan approval is sought).

d.

An accurate legal description of each separate unsubdivided use area, including common open space.

e.

Designation of the exact location of all buildings to be constructed, and a designation of the specific uses to which each building shall be put.

f.

Certificates, seals, and signatures required for the dedication of land, final plat of subdivision and recording of documents.

g.

Existing and proposed grading plans.

h.

A landscaping plan in accord with chapter 10 of this title.

i.

Final engineering plans and drawings.

j.

Final utilities and drainage plan.

k.

Final development and construction schedule.

l.

Final architectural plans.

m.

Master signage plan.

n.

Tabulations on each separate unsubdivided use area, including land area, number of buildings, number of dwelling units per acre.

2.

Common Open Space Documents: All common open space, at the option of the city, shall be:

a.

Conveyed to a municipal or public corporation or conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or adjoining property owners or any one or more of them; or

b.

Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned unit development or adjoining property owners and/or both.

c.

Guaranteed by conservation easement in accordance with state law.

3.

Public Facilities: All public facilities and improvements made necessary as a result of the planned unit development shall be guaranteed through escrow deposit, letter of credit, surety bond, or letter of commitment, issued by a bank, savings and loan association, surety, or insurance company, in favor of the city, which guaranty is deemed good and sufficient by the city, in an amount equal to one hundred ten percent (110%) in a form approved by the city. (Ord. No. 2011-04, § 2, 1-18-2011)

4.

Covenants: Final agreements, provisions, or covenants shall govern the use, maintenance and continued protection of the planned unit development.

C.

City's Authority To Retain Outside Professional Services: In accordance with applicable state and local law, the city may retain professional assistance from outside the city staff in the review of information submitted pursuant to this section, or as otherwise required by the director of community development to carry out the purpose of the same. All reasonable costs incurred as a result of such professional assistance shall be borne by the applicant. (Ord. 95-28, 5-1-1995)

A planned unit development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned unit development as set forth therein. Changes in the approved planned unit development shall follow the procedures for a final PUD. (Ord. 95-28, 5-1-1995)

The planning and zoning commission may recommend and the city council may authorize that there be permitted in part of the area of a proposed planned unit development specified uses not permitted by the use regulations of the district in which said development is proposed, in accordance with the following:

A.

A finding shall be made that the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the planned unit development; and (Ord. 95-28, 5-1-1995)

B.

That in such cases where the underlying zoning district is a residential zoning district, any proposed use that is otherwise not allowed in such underlying district shall not exceed thirty percent (30%) of the total floor area within the subject planned unit development. (Ord. 2002-06, 2-4-2002; Ord. No. 2019-17, § 41, 8-5-2019)

A.

Bulk Incentives: In any planned unit development, the planning and zoning commission may recommend and the city council may authorize exceptions to the applicable bulk regulations of this title within the boundaries of such planned unit development, provided:

1.

That the planning and zoning commission shall find such exception serves the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property, than would be obtained under the bulk regulations of this title for buildings developed on separated zoning lots;

2.

That the overall floor area ratio for the planned unit development would not exceed by more than twenty percent (20%) the maximum floor area ratio established for the underlying zoning district; and

3.

That in a residential planned unit development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and then increasing this number by twenty percent (20%). Net development area shall be determined by subtracting the areas set aside for nonresidential uses from the gross development area, and deducting from the remainder the area required for streets as set forth in the site plan. In no event shall the area for streets be computed at less than ten percent (10%) of the gross development area. The area of land set aside for common open space or recreational use may be included in determining the number of dwelling units permitted.

B.

Residential Planned Unit Developments; Cluster Housing: Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of subsection A3 of this section, and provided that the permanent common open space is in accord with subsection C of this section, the planned unit development may include minimum lot areas, lot width and setback requirements to standards other than those normally required in the zoning district.

In this case, dwelling unit arrangement would occur in cluster groups to maximize open space areas and reduce the demand for urban facilities and services.

C.

Designation Of Permanent Common Open Space: For purposes of this section, "permanent common open space" shall be defined as parks, playgrounds, schools, landscaped green space, community centers or other similar areas in public ownership or areas covered by an open space easement. No plan for a planned unit development shall be approved, unless such plan provides for permanent open space equivalent to at least twenty percent (20%) of the total development area in residential planned unit developments. (Ord. 95-28, 5-1-1995; Ord. No. 2018-06, § 1, 4-2-2018; Ord. No. 2019-17, § 42, 8-5-2019)

The official zoning map shall indicate the boundaries of property subject to the planned unit development. Each zoning district within the planned unit development shall be mapped. The designation "PUD" shall accompany each zoning district designation. (Ord. 95-28, 5-1-1995)

A.

Schedule Of Construction: The city council shall consider the planned unit development subject to revocation if construction falls more than one year behind the schedule filed with the final plan. The developer shall be notified at least sixty (60) days prior to any revocation hearing. Extensions in the building schedule may be granted by the city council.

B.

Revocation: Where a developer fails to comply with the construction schedule as established under subsection 11-9-6B.1.k. of this chapter, the city may consider the revocation of the planned unit development. Based upon the evidence presented to it, including a finding of failure to comply with the development schedule, and following public hearing in accordance with the procedures for a special use permit, the planning and zoning commission may recommend and city council may approve revocation of the special use permit and planned unit development. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 43, 8-5-2019)

A.

Recording Of PUD Ordinance: At the sole expense of the applicant, the PUD ordinance and attachments shall be recorded in the Kane County office of recorder of deeds prior to the issuance of any building permits. Evidence of recording shall be provided to the community development department prior to the issuance of any permit for the project.

B.

Fees: Any person who shall file an application for amendment or application for an appeal, variation, or special use, or for any other certificate or license required under the terms of this ordinance, shall be charged a fee in accordance with a schedule of fees, as contained within this code. (Ord. 95-28, 5-1-1995)

C.

Penalties: Any person who violates, disobeys, omits, neglects, or refuses to comply with, shall upon conviction, be fined as provided in the general penalty in section 1-3-1 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 95-28, 5-1-1995; amd. 2003 Code)

In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this title or other regulation made under the authority conferred thereby, the city, in addition to other remedies, may institute any appropriate action or proceedings:

A.

To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;

B.

To prevent the occupancy of the building, structure or land;

C.

To prevent any illegal act, conduct, business or use in or about the premises; or

D.

To restrain, correct or abate the violation. (Ord. 95-28, 5-1-1995)