The purpose of the planned unit development is to encourage the creation of a new and more desirable kind of manmade environment. Under the PUD, the developer of ten or more acres of land in Mason County is offered an opportunity to stretch for the best possible arrangement and interrelationship of streets, land uses and buildings on the land through the planning, designing, and layout process. The more traditional design limits imposed by zoning districts use and bulk requirements of the land subdivision regulations are removed for the PUD developer. He is thus given a free hand to work towards the achievement of goals and objectives of the county comprehensive plan and to develop layouts that will result in a wider range of settings for a contemporary way of life.

The owner/developer of a planned unit development must represent in his petition for this zoning district classification that his objectives are to:

A.

Develop the land so that building structures, service facilities and open space are more functionally and creatively arranged than would otherwise be possible under the strict provisions of the bulk and other zoning requirements or other applicable ordinances governing the development of land in Havana and vicinity;

B.

Provide common open green areas to attain an attractive functional setting for structures. Said spaces shall be arranged so they can be maintained by efficient and experienced management;

C.

Arrange land uses so that they efficiently and functionally serve the entities they were originally planned to serve;

D.

Create a safer and more pleasing environment for pedestrian and vehicular movement and to provide adequate light and air, and protection of the occupants from hazards and pollution;

E.

Create a variety of density of population per acre.

A.

In lieu of standard zoning and subdivision regulations of the city, a planned procedure is required to obtain a PUD zoning classification. When such a zoning district classification has been granted, the PUD plan as approved by the Council of the city will be the document that will control the use of land and buildings, the bulk requirements for structures, signs, and any exceptions to the zoning and subdivision regulations allowed in this title and as shown on or in the plan.

B.

In order for the planned unit development district classification to be granted to an owner/developer by the City Council, the following procedure and process shall be followed:

1.

The owner/developer shall begin by petitioning the City Council for a PUD zoning district classification. He shall file his petition with the City Clerk. The City Clerk shall in turn refer the petitioner to the City Council. The Council shall take recognizance of the petition and refer the petition to the Planning Commission for processing as called for in Stages 1 and 2 below. When the owner/developer has completed the procedures and prepared the materials called for prior to the public hearing of Stage 2 and submitted the same to the Planning Commission, the Commission shall then hold a public hearing on the proposed PUD development. This hearing shall be held in accord with the standard hearing requirements for zoning district amendments.

2.

Following the hearing, the Planning Commission shall refer its recommendation to the City Council as called for in Stage 2. The City Council shall study the plan and affirm or disaffirm the recommendations of the Planning Commission or may approve the preliminary plan, provided, that certain changes, additions or deletions are made. This approval of the City Council shall be certified in writing on the plan and placed in the official records of the city and shall be the instrument used to grant or deny a PUD zoning district classification to an owner/developer.

3.

The owner/developer then must complete Stage 3 so that he may secure final approval of the Planning Commission and City Council so that said planned unit development may be recorded with the Recorder of Deeds as is required.

4.

After the PUD zoning district classification is approved by the City Council at the end of Stage 2 and if the owner/developer elects not to proceed with Stage 3 and implementation of the planned unit development, he may not use the land for any development purpose until said final plan is submitted and approved or he has petitioned the city for another zoning classification in the same manner as called for amendments to the Havana zoning ordinance codified in this title.

Uses permitted in the planned unit development district may include all uses allowed and listed in the R-1, R-2, C-1, and C-2 districts and the conditional uses allowed in the R-1, R-2, C-1, and C-2 districts, except if the PUD is in excess of one hundred fifty acres, it may include all uses in the Havana zoning ordinance except M-2 uses.

Uses permitted in the planned unit development district may be mixed however, the mix must be justified by statements that relate the need of the PUD area population to the function the proposed use is to serve.

The planned unit development must be at least ten acres in area and of reasonable dimensions so that a practical urban development may take place.

A.

Any provisions or requirements of this title may be varied by the Planning Commission and the City Council by including with the owner/developer petition for a PUD, the specific portion of the PUD ordinance sought to be varied.

B.

The Planning Commission shall make whatever recommendation it seems in the best interest of the city in respect to such requested variations, and the City Council shall either approve or reject such recommendations as a part of the planned unit development zoning classification.

C.

It shall not be necessary for the owner/developer to file a separate zoning petition in order to obtain the desired variance.

A.

In no event shall the aggregate residential densities within a PUD area exceed thirty-five persons per gross acre of the entire development.

B.

Computation of the density requirement may include lands of the owner/developer to be given or sold for public schools or for public parks and open space.

C.

To calculate the persons per gross acre for compliance with this density requirement, the following schedule of persons per unit in single, duplex and multiple-family dwellings shall be used to arrive at the density of persons per gross acre:

A.

The owner/developer shall submit planning material called for below in stages; originally to the Havana Planning Commission through its PUD Committee for review and recommendation.

B.

The PUD Committee will be made up of appointed Planning Commission members as well as the City Engineer and a representative of the City Council.

C.

Immediately following submission by the owner/developer, the Planning Commission shall distribute copies of the submission to the public utility serving the area, and the County Superintendent of Highways for their review prior to the PUD Committee meetings.

The owner/developer shall submit the following for preplan review ten days before a regular monthly meeting of the Planning Commission which occurs on the first Monday every month:

A.

A legal description of the property, the name of owner/developer, and a map of the general vicinity at a scale of two thousand feet to the inch;

B.

A drawing indicating the dimensions of the property, the existing topography at suitable contour intervals, abutting street names, width and route numbers, and the zoning district classification;

C.

The percentage division or allocation of proposed land uses for the entire tract and the total area of the tract;

D.

The residential densities on a population per-gross-acre basis and the distribution of single-family, duplex and multiple-family dwelling units;

E.

A graphic and/or written explanation of how the proposed planned unit development will conform to the approved city plan and other development plans approved by the Planning Commission for the surrounding areas as are on record with the Secretary of the Planning Commission;

F.

A signed statement by the owner/developer that he holds an option, purchase contract, or fee title to the land for the proposed PUD.

A.

The Planning Commission, following review by the PUD Committee of the material presented, shall approve, disapprove, or approve subject to revisions of Stage 1, and shall authorize the owner/developer to proceed or to revise the above materials, in order to proceed to Stage 2.

B.

If the Stage 1 submission is disapproved by the Planning Commission, the owner/developer may elect to revise the above materials in order to proceed to Stage 2, or revise the entire submission.

C.

All submissions required by Stages 2 and 3 shall bear the seal of professionals duly recognized under the laws of the state as appropriate to the information thereon.

A.

Following the approval of Stage 1 by the Planning Commission, the owner/developer shall submit to the review committee of the Planning Commission, ten days before its regular PUD review meeting, material and plans that will include sufficient information and drawings at a fixed scale along with the written statement to properly document all items called for in subsection D.

B.

Immediately after the submission is made by the owner/developer, the Planning Commission shall refer copies of the submission to the City Engineer, the County Superintendent of Highways, and the public utilities for their technical review prior to the PUD Committee meeting.

C.

The Planning Commission shall review the material submitted with the owner/developer at the regular PUD review meeting so that corrections, additions or deletions may be made to submission material prior to the public hearing.

D.

The submission shall include:

1.

The layout of vehicular circulation systems;

2.

The layout of pedestrian circulation systems;

3.

Proposed changes in topography;

4.

The approximate location of buildings or structures;

5.

The approximate location of lot lines for exchange ownership, if any;

6.

The use of buildings and the use of open space or other significant spaces on the plan;

7.

The approximate height of structures and the number of floors above grade;

8.

The general surface drainage pattern showing existing and proposed contours at one-foot intervals;

9.

The location of proposed utilities;

10.

Sketches or photographs sufficient to indicate the general character of the development;

11.

Proposed parking facilities for all uses;

12.

The covenants or other regulations to be placed on the land or agreements to be required of persons using the land; and

13.

A development schedule indicating approximate timetable phases of development, order of construction and approximate completion date for each phase.

In addition to the requirements of Section 17.64.120, the owner/developer shall provide the Planning Commission with the following, in writing, in order to more fully explain the details of the planned unit development:

A.

Land Use.

1.

State land uses by explicit listing,

2.

Illustrate the location of said uses,

3.

Indicate the approximate quantity of land area to be devoted to each use,

4.

Explain how the PUD land uses relate to existing or probable land uses immediately adjacent to the planned unit development and to land uses within a broader area,

5.

Give the density of population per gross acre and give the intensity of other land uses,

6.

State gross floor area for each use other than residential use;

B.

Streets and Parking.

1.

Note the classification and location of streets by size and type and probable traffic volume,

2.

Note the traffic safety features of the system,

3.

Give the kinds of pavement and curbs (technical description),

4.

Give the location and quantity of vehicles to be accommodated by off-street parking facilities;

C.

Pedestrian Ways.

1.

Give the classification and location of pedestrian ways,

2.

Note safety features of the pedestrian system;

D.

Open Spaces.

1.

Give the planned use type and location of open space; types may be classified as follows: (a) dedicated public open space, (b) common open space for the residents of the PUD, and/or (c) developed recreation space; see Chapter 17.12, Definitions, for explanation of the types of open space,

2.

Quantity of open spaces, public and private,

3.

The maintenance plan for all open spaces (note commitments);

E.

Grading and Drainage.

1.

Give a general description of the existing land forms and the features of reshaping needed to provide adequate drainage,

2.

Describe the storm drainage system and its special features (technical);

F.

Sewer and Water System.

Describe the functional classification and location of the sewer and water system;

G.

Lighting.

Describe the kind and location of public lighting systems and other lighting systems to be employed throughout the PUD;

H.

Signs.

Describe the character and size of all signs to be used or allowed to be used in the PUD area;

I.

Landscaping.

Describe the special landscaping features, i.e., plantings, trees, shrubs, etc., to be provided as part of the PUD development;

J.

Design.

Explain how the land plan fits the general plan of the area and explain how architectural features will create harmony in the development. Note the:

a.

Elements of repetition,

b.

Focal points,

c.

Balance of land design and building features,

d.

Rhythm of occupied space to unoccupied space;

K.

Schools and Community Facilities.

1.

State the distance to the nearest elementary and secondary schools to serve the development,

2.

State how and to what extent community facilities, public and private, will serve the occupant of the land in the plan.

A.

As soon as practicable, following the review by the PUD Committee called for in Sections 17.64.120 and 17.64.130, the owner/developer shall again submit all of the required material with any changes or additions required by the review committee to the Planning Commission for a public hearing. The PUD hearing shall be placed on the agenda of the Planning Commission zoning meeting as would any other case to be heard before the Planning Commission. Normally this meeting is held on the first Monday of each month. Because notice of the hearing shall be published in a newspaper of general circulation fifteen days before the hearing is to take place, the submission material must be delivered to the Planning Commission in final form for the hearing at least fifteen days before the first Monday of each month so that the hearing notice may be properly published by the Zoning Administrator.

B.

Within ten days following the public hearing, the Planning Commission shall submit its recommendation for approval or disapproval or approval with conditions to the City Council. Following the receipt of this recommendation, the City Council shall study the plan and affirm or disaffirm the recommendations of the Planning Commission or may approve the preliminary plan provided certain changes, additions or deletions are made. The approval of the City Council shall be certified in writing on the plan and placed in the official records of the city.

C.

The approval of the preliminary plan by the City Council shall constitute the granting of the PUD zoning district classification to the owner/developer.

In the grant or denial process of the preliminary plan, as specified in Section 17.64.140, a statement shall be written by the Planning Commission for the City Council. These statements shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant with or without conditions, or for the denial, and said statements shall set forth with particularity in what respects the plan would or would not be in the public interest including, but no limited to, findings of fact and conclusions on the following:

A.

In what respects the plan is or is not consistent with the statement of objectives of a planned unit development;

B.

The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property including, but not limited to, density bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;

C.

The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of development;

D.

The physical design of the plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, or further the amenities of light and air, recreation and visual enjoyment;

E.

The relationship, beneficial or adverse, of the proposed unit development to the larger area in which it is proposed to be established; and

F.

In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents.

In the event the Planning Commission or the City Council has recommended disapproval of the preliminary plan, the plan may be revised and resubmitted for another public hearing after an elapsed time of one hundred twenty days.

The owner/developer shall submit the first phase of the final plan within one year following the approval of the preliminary plan, or the preliminary plan must be resubmitted for approval as called for in Stage 2, except a public hearing shall not be required unless there are major changes in the plan. The documentation shall again refer copies to the technical staffs of the PUD Committee members for their review prior to the meeting. In the event a major change has been made as described in Section 17.64.330, a second public hearing shall be held before the Planning Commission in the same manner called for in Stage 2.

A.

The final plan shall consist of a scale model and/or a site plan rendered to clearly indicate the character of all physical developments and their special relationships.

B.

Drawings and data listed below will be provided along with certification of the owner/developer that the documents submitted are those plans he agrees to abide by in the physical development of the PUD:

1.

The layout of vehicular circulation systems, pavement design data, and detailed public street construction plans;

2.

The layout of pedestrian circulation systems;

3.

Proposed topography at one-foot contour intervals;

4.

The location of buildings and structures;

5.

The location of lot lines for exchange of ownership, if any, and lot numbers;

6.

The use of buildings and the use of open space or other significant spaces or elements of the plan;

7.

The height of structures;

8.

The general surface drainage pattern, drainage capacity computations, and detailed storm sewer construction plans;

9.

Detailed sanitary sewer construction plans and design data;

10.

The location of proposed utility easements;

11.

Sketches or photos sufficient to indicate the general character of development;

12.

Proposed parking facilities for all uses;

13.

The covenants or other regulations to be placed on the land or agreements to be required of persons using the land;

14.

Show evidence for continuous maintenance of all open space;

15.

Permits for street intersections with highways maintained by public agencies other than the city;

16.

Detailed water supply and distribution plans; and

17.

Lines delineating areas on the drawings to illustrate the timing, increments and phasing of the proposed development.

C.

Separate site plans are to be submitted for each development phase as set forth in the approved development plan.

D.

A certificate lettered on the plan indicating that the owner/developer agrees to abide by the plan for physical development of the site as represented in the submission and that future owner assigns will be required to abide by the same covenant.

A.

A performance bond shall be provided to the city in the amount of one hundred twenty-five percent of the normal cost of all public improvements called for in the first phase of the planned unit development. Also, when subsequent phases are being constructed, a similar surety bond shall be given for all public improvements for each phase.

B.

When the final plans and drawings have been approved and all plans signed, an official record shall be made of this approval by the Planning Commission and the total PUD submission shall be recommended to the city for final approval.

C.

The first phase of the final plan shall be recorded by the owner/developer within thirty days with the Recorder of Deeds of Mason County in the same way as a plat of subdivision is recorded. These portions must first be certified by the Planning Commission indicating that said portion of the development plan has been approved and that the developer may proceed with development.

Construction of all public improvements shall not commence until the final plan has been approved by the city.

A.

The uniqueness of each proposal for a planned unit development allows that the requirements for the public improvements serving the development and for the location of the buildings in the development are subject to modification from the requirements of the subdivision ordinance of the city.

B.

The Planning Commission may, therefore, within the limitations hereinafter specified, recommend waivers or modifications of these requirements if it finds that said requirements are not necessary for the best interests of the residents of the development and that such action is not inconsistent with the interest of the entire city.

C.

No such modification shall be less than the standards indicated in Sections 17.64.210 through 17.64.320. Where no indication or exception is given in the PUD zoning district classification, the requirements shall be as stated in the appropriate portion of the subdivision ordinance of the city except that for private ways the requirements for the ways shall be only as noted in Sections 17.64.210 through 17.64.320.

A.

A minimum number of off-street parking spaces shall be provided as follows:

B.

Where on-street parking is not provided, an additional amount of off-street parking spaces shall be provided for guests and others at a minimum of one space per unit.

C.

Off-street parking spaces shall be constructed in accordance with the rules and regulations of Chapter 17.72 except that they may be located in a front yard setback.

D.

For residential use, off-street parking facilities shall be located not more than three hundred feet from the dwelling served.

The minimum setback is twenty feet from the public right-of-way.

A.

Provisions shall be made for the continuation and extension of thoroughfare streets adjacent to or through a planned unit development in accordance with the street and thoroughfare plan.

B.

The classification, planning, design, and construction of public streets shall be in accordance with the land subdivision ordinance and city standards.

A planned unit development that adjoins or includes an existing street shall have an additional dedicated right-of-way, if needed, to meet the minimum street width requirements called for on the adopted street and thoroughfare plan of the city. The entire additional right-of-way shall be provided where the PUD is on both sides of the existing street. When the PUD is located on one side of the street, one-half of the right-of-way shall be provided.

When a PUD or portion thereof adjoins a major thoroughfare, as indicated on the adopted city plan, access shall be reasonably restricted so that ingress or egress to the major thoroughfares shall occur at four-hundred-foot intervals or longer. Residential lots and businesses and industrial developments shall be provided with a frontage on a marginal access street or street other than the major thoroughfare.

Public alleys shall not be included in a planned unit development. Adequate off-street access to the rear or side of commercial buildings shall be provided by means of private driveways or streets.

A barrier-type, concrete curb and gutter shall be constructed along all public street pavements. Curbs and gutters shall be similar to Illinois Division of Highways Standard Type B-6.24.

Sidewalks shall be provided to permit easy pedestrian movement throughout the development. Sidewalks need not be located adjacent and parallel to the public streets but shall be provided to meet pedestrian desires or needs. Sidewalks located along public streets, and within or leading to dedicated open spaces from public streets, shall be considered as public sidewalks, provided they are located on dedicated rights-of-way or easements and constructed in accordance with city standards.

Public sanitary sewers shall be provided to serve all platted building lots and shall be located on public street rights-of-way or dedicated utility easements. Sanitary sewers which interconnect separate buildings on one platted building lot, shall be private sewers.

Public storm sewers and open drainage waterways shall be provided to receive surface water drainage from public streets and each platted lot. Surface drainage from any platted lot must not be diverted across another platted lot except by way of a public storm sewer or well-defined waterway on an easement. Drainage facilities within a platted lot serving that lot only shall be privately owned and maintained facilities. Public drainage facilities shall be designed and constructed in accordance with the subdivision ordinance and city standards.

There shall be no restrictions on the size of blocks or the arrangement of lots except that each platted lot must front upon a public or private street.

A.

Private ways, common driveways, parking areas, and pedestrian walkways may be used as access to buildings and facilities, provided, that protection covenants are recorded which perpetuate access easements for the use of these facilities by the owners of the buildings or facilities being served.

B.

Private ways for vehicular movement and common driveways shall be of Portland cement concrete or shall be surfaced with bituminous concrete on a crushed stone base course. Pavement thickness and width shall be designed to handle the amount and type of traffic expected but in no case shall be less than the following minimums:

1.

Thickness of two inches of class 1 surface course on six inches of CA-6 crushed stone, base course; six inches of Portland cement concrete; or one inch of class 1 surface course on five and one-half inches of BAM base course having a marshall stability of eight hundred;

2.

Minimum pavement width of twenty feet.

3.

Dead-end turnaround of forty-five feet radius.

If the owner/developer desires to make a major change to an approved preliminary or final plan, he shall submit a revised preliminary or final plan before he shall proceed with the changes. A change is considered major when it results in an increase in project density, the inclusion of a new land use or adversely affects adjacent property as determined by the Planning Commission. Minor changes involving internal street patterns and adjustment of land use locations must be reviewed by the Planning Commission, but shall not be subject to a public hearing. The plan change shall be approved in the same manner as called for at Stage 2. Following the preliminary approval, the changes shall be processed as called for in Stage 3.

Editor's note— Ord. No. 1349, § 11, adopted July 3, 2012, repealed § 17.64.340, which pertained to violation—penalty.