Maroa City Zoning Code
ARTICLE VI
Planned Developments
§ 290-6.1 Purpose.
A.
The purpose of the planned development provisions which follow is to promote efficient land patterns which preserve natural resources, provide public amenities and secure large parcels of permanent open space which will implement the greenbelt concepts in Maroa's Comprehensive Plan.
B.
These provisions are intended to encourage and accommodate more creative and imaginative design for land development than would otherwise be possible under the strict application of Maroa's conventional zoning and subdivision ordinance provisions.
C.
It is the purpose of this article that the land use patterns which result from these standards will:
(1)
Foster quality development by allowing flexibility in land use and design standards, thereby encouraging innovative site planning;
(2)
Promote more efficient land patterns in keeping with the Comprehensive Land Use Plan, which not only preserves open space and natural resources, but also provides for more economical networks of utilities, streets and other facilities;
(3)
Promote diverse, high-quality residential environments which include a mixture of dwelling unit types;
(4)
Promote a land use pattern with a mixture of residential and nonresidential uses that will mutually support each other;
(5)
Provide for the permanent preservation of open space for the continued use and enjoyment of the residents of each subdivision;
(6)
Provide for usable and suitably located public and private recreational facilities;
(7)
Encourage developers to provide amenities that enhance the quality of life, both within the planned development as well as within the community as a whole;
(8)
Encourage a land use pattern which promotes the public health, safety, comfort, morals and welfare; and
(9)
Allow more than one principal building per zoning lot without necessarily requiring processing as a zoning variance or a subdivision when the above purposes can be achieved more efficiently through the planned development process.
§ 290-6.2 Special use.
B.
Because planned developments are complex and of a different character than other special uses, the City has established more specific procedures, standards and criteria for exceptions from the standards of the underlying zoning district than those included in Article V, District Regulations. The procedures, standards and criteria for exceptions which follow are intended to guide the recommendations of the City Council during its review of preliminary and final plans.
§ 290-6.3 Permitted uses and criteria.
Planned developments may include uses and structures not otherwise permitted in the underlying zoning district, provided landscape screening is employed between dissimilar land uses and the petitioner shows that the planned development accomplishes the standards set forth in this article, achieves the planning goals and objectives of the City of Maroa, as defined in the Comprehensive Land Use Plan, and is compatible with adjacent land uses.
A.
Residential planned developments.
(1)
A residential planned development may be processed for only one type of dwelling unit, but is intended to allow a mixture of dwelling unit types, thereby offering a choice in lifestyle to residents of the development. Nonresidential land uses of a religious, institutional, cultural, recreational or commercial character may be permitted in a residential planned development, to the extent that they can be integrated with the residential land use. Where provided, nonresidential uses in a residential planned development shall:
(2)
Residential developments shall be processed as planned developments when any of the following apply:
B.
Commercial.
(1)
A commercial planned development may include any of the permitted or special uses listed in Article V, District Regulations, for the (B) Business, (C) Commercial or (OR) Office-Research Districts.
(2)
Commercial developments shall be processed as planned developments when any of the following apply:
(a)
More than one building is proposed on a zoning lot.
(b)
Development exceeds three acres in area and includes more than one type of business use, such as retail, office and/or service uses, unless the types of business can be considered commonly associated in the discretion of the Planning and Zoning Board.
(c)
A commercial development includes residential dwelling units.
(d)
Commercial planned developments shall also be required for all properties falling within the areas designated on the adopted Comprehensive Plan as a "unified planned development," unless the requirements are waived by the Planning and Zoning Board.
C.
Industrial.
(1)
An industrial planned development may include any of the permitted or special uses listed in Article V, District Regulations, for the (OR) Office-Research, (I-1) Light Industrial or (I-2) Heavy Industrial Districts.
(2)
A proposed industrial development shall be processed as a planned development when any of the following apply:
(a)
The development consists of 10 or more acres.
(b)
More than one building is proposed on a zoning lot.
(c)
The planned development includes other commercial or support services that warrant special consideration by the Planning and Zoning Board to assure that potential hazards associated with dissimilar land uses are minimized and involve an acceptable level of potential conflict.
§ 290-6.4 General requirements and procedures.
A.
General intent and standards.
(1)
Traditional development controls, as set forth in the zoning and subdivision ordinances, may restrict imaginative development. Therefore, it is the intent of these provisions to permit review of integrated site proposals on their own merits, where they afford the City amenities and benefits which enhance the quality of life due to unified planning and design.
(2)
These provisions are not intended as a means to circumvent the procedures or standards of the zoning and subdivision ordinances and thereby allow a lower standard of development than would otherwise be permitted under the strict interpretation of these codes. Rather, they are intended to take advantage of particular site characteristics, to increase the flexibility and originality of design in large-scale projects, to provide more open space and public amenities than would otherwise be required, to promote the protection of high-quality natural resources and to establish better transitions between dissimilar land uses.
(3)
Unless otherwise recommended by the City Council, the following standards shall apply. The City Council may recommend exceptions from these standards when determined appropriate to achieve the objectives set forth in § 290-6.1, above.
(a)
Ownership. The proposed planned development shall be under the unified control of the petitioner.
(b)
Comprehensive Plan. The proposed planned development shall conform to the land uses, planning and design guidelines and intent of the Comprehensive Plan and other planning objectives established for the City of Maroa.
(c)
Compatibility. Uses permitted in a planned development shall be compatible with surrounding land uses.
(d)
Subdivision. Unless otherwise approved by the City Council, a plat of subdivision shall be required in accordance with procedures set forth in Chapter 230, Subdivision of Land, as may be amended from time to time.
(e)
Yards. The required yards along the periphery of a planned development shall be at least equal in depth to those of the underlying zoning district or the adjacent zoning district, whichever is greater. The City Council may recommend greater setbacks from the boundary line of a planned development when determined to be necessary to protect the privacy of residents within both existing and proposed subdivisions adjacent to the planned development.
(f)
Sidewalks. Sidewalks shall be constructed on both sides of all streets in residential and commercial planned developments unless an alternative system is provided internal to the development which provides adequate connection between the development and adjacent properties and activity areas. In addition, walks shall be planned to provide convenient access for pedestrians between residential blocks and from culs-de-sac to adjacent blocks and public activity areas. When a planned development is adjacent to U.S. Route 51, a parallel pedestrian system, internal to the planned development, may substitute for walks along this highway.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(g)
Public streets.
[1]
All streets shall be publicly dedicated and constructed in accordance with applicable standards contained in Chapter 230, Subdivision of Land, of the City Code, as may be amended from time to time.
[2]
The Planning and Zoning Board may recommend, and the City Council approve, reduced rights-of-way or pavement width in residential subdivisions, if it is determined appropriate for maintaining the character of the area or for preserving natural features.
(h)
Vehicular access. Points of vehicular ingress to and egress from the site shall be minimized to maintain the safety and operational efficiency of Maroa's major roadways and collector roadways. Where possible, cross-access between properties shall be provided.
(j)
Underground utilities. All utilities (including electric, telephone, gas and cable TV) shall be installed underground.
(k)
Tree replacement. Where determined appropriate by the City Council, trees greater than six inches in caliper, as measured 12 inches above grade, which are identified to be removed for construction, shall be replaced in accordance with a tree replacement plan that is subject to review and approval by the City Council.
(l)
Performance standards. Planned developments may include uses and structures not otherwise permitted in the underlying zoning district, provided landscape screening is employed between dissimilar land uses and the petitioner shows that the planned development accomplishes the standards set forth in this article, achieves the planning goals and objectives of the City of Maroa, as defined in the Comprehensive Land Use Plan and is compatible with adjacent land uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(m)
Preliminary plan approval. Preliminary approval of a planned development by the City Council shall be null and void in the event that the petitioner has failed to obtain final planned development approval for at least the first phase of the development within 24 months of the date of the preliminary approval.
(n)
Final plan approval. A valid application for final plan approval shall be submitted within 18 months of the date of City Council approval of the preliminary plan.
(o)
Recording of plat. Within 30 days of the date of approval of any final plan, for all of a development or a single phase, the petitioner shall record a plat, approved by the City Council as being consistent with the approved planned development, with the County Recorder.
(p)
Building permits. The developer shall submit an application for building permits within 18 months of the adoption of any development ordinance approving the final plan of any phase of the planned development.
(q)
Completion. The planned development shall be initialed within two years of final planned development approval and shall be substantially completed within the period of time specified by the petitioner and set forth in the development ordinance prepared for the project, unless an extension is requested by the petitioner and approved by the City Council.
(r)
Compliance with zoning or other ordinances. Where there is a conflict or difference between the provisions of this article and those of other articles of this chapter or other ordinances, the provisions of this article shall prevail. Except as otherwise set forth herein, all other applicable City Code provisions shall apply.
(s)
Exceptions. The City Council may recommend and approve exceptions to standards and criteria when determined necessary to achieve the planning objectives set forth in this article.
§ 290-6.5 Residential standards.
A.
Open space/greenbelt. Open space shall be provided for City residents in the form of parks, greenbelts, open space and recreational facilities, consistent with regulatory and policy directives of Maroa and the provisions of this article.
(1)
Unless otherwise recommended and approved by the City Council, not less than 25% of the gross land area within a single-family residential planned development shall be reserved and designated as open space, greenbelt and/or recreational facilities. This percentage shall be increased to 30% for planned developments with 30% or more of the dwelling units other than single-family detached.
(2)
Where parks and greenbelts illustrated on the Comprehensive Land Use Plan pass through a proposed residential subdivision, land, in lieu of cash, shall be provided according to the provisions of Chapter 230, Subdivision of Land, of the City Code.
(a)
The City Council has determined that the dedication of land in these areas is essential for implementing the continuous greenbelt and open space system adopted as part of the City's Comprehensive Land Use Plan.
(3)
Designated open space, greenbelts or public recreational facilities reserved under a planned development shall be held and maintained by a homeowners' association, unless conveyed to a public authority approved by the City Council.
(4)
All designated open space, greenbelts and/or recreational facilities shall be dedicated as open space in perpetuity and shall be so designated in the development ordinance and final plat of subdivision(s) recorded for the planned development.
(5)
The cost for improving open space or greenbelts or constructing recreational facilities proposed as part of a planned development shall be included in the letter of credit or other surety required for the public or quasi-public improvements as described in Chapter 230, Subdivision of Land, of the City Code.
(6)
Open space shall be suitably improved for its intended use. However, open space containing natural features worthy of preservation, including traditional agricultural uses, may be left unimproved.
(7)
No portion of a planned development shall be conveyed or dedicated as public open space, greenbelt or recreation to any public body until such conveyance or dedication is reviewed and approved by the City Council.
B.
Minimum lot size. Minimum lot size shall be as set forth in this Chapter 290 unless 25% of the total gross acres have been set aside for: active recreational areas and/or facilities; open space; or preservation of major stands of trees or other natural areas. The City finds that flexibility in its standards is warranted only when such amenities are proposed as part of a planned development.
(1)
Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area, then deducting 15% of the remainder for streets, regardless of the amount of land actually required for streets.
(a)
In no case shall the net lot size for single-family dwellings or net lot area for each multifamily dwelling unit be less than the following:
(2)
For the purpose of this article, recreational facilities and open space provided as part of the planned development shall include, but not be limited to, the following:
C.
Building separation. Residential structures shall be separated and arranged to protect the privacy of each dwelling unit and provide adequate space for emergency access and maintenance. Townhomes shall contain no more than six units without a separation, side to side, of at least 20 feet. Separation of townhomes front to front or front to rear shall be at lease 60 feet and front or rear to sides shall be at least 40 feet.
§ 290-6.6 Application and approval process.
A.
Administrative procedures.
(1)
Application. Applications for planned developments shall be made on forms provided by the City Clerk and shall be accompanied by plans, drawings, documents and other information required by this article.
(2)
Development ordinances.
(a)
Planned developments shall be controlled by means of development ordinances adopted by the City Council subsequent to approval of final plans. Said development ordinance shall include graphics and other support documentation upon which City Council approval is based. The development ordinance shall specify any conditions of approval established by the City Council.
(b)
Ordinances approving final plans may provide for exceptions from district regulations governing use, density, area, setbacks, height, parking and subdivision design standards, as determined to be desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this article.
B.
Preapplication procedure.
(1)
Prior to the filing of an application for approval of a planned development, the petitioner shall contact the Planning and Zoning Board Chair to arrange an informal meeting. The committee may request the presence of the City Council consultants, as determined appropriate by the Chair.
(2)
The purpose of the preapplication meeting is to discuss the proposed development in conjunction with City planning and zoning objectives, as expressed in the Comprehensive Plan and as set forth within this article.
(3)
Not less than 15 days before the preapplication meeting, the petitioner shall provide two copies of:
(a)
Concept plan. A concept plan shall be submitted at a scale necessary to describe the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the planned development to adjoining uses, both existing and proposed, and to the topography and natural features of the adjoining land uses. The concept plan shall include:
[1]
North arrow, scale and date of preparation.
[2]
Name, address and profession of the person or firm who or which prepared the plan.
[3]
Proposed name of the planned development.
[4]
Proposed land uses.
[5]
Total acreage and percent of the site devoted to each land use.
[6]
Proposed layout of streets, lots and blocks.
[7]
Proposed school and park sites, if applicable.
[8]
Proposed greenbelt, if applicable, and other open space or developed recreation areas.
[9]
Proposed building footprints and estimated floor area for all nonresidential structures, if any.
[10]
Wetlands, floodplains, floodways and surface waters, including lakes, ponds, streams and drainage swales.
[11]
Any other data reasonably necessary to provide an accurate overview of the proposed development as determined by the Mayor.
(4)
The Planning and Zoning Board shall evaluate the proposed concept plan and other documentation and shall advise the petitioner as to the compatibility of the planned development with the Comprehensive Plan, this chapter, Chapter 230, Subdivision of Land, and the development goals and policies of the City of Maroa. Recommendations relative to a preapplication review are advisory only and shall not constitute a waiver from the requirements contained in applicable ordinances.
(5)
The Planning and Zoning Board may, at its discretion, require plans and support documentation to be revised before referring the proposed planned development to the City Council. This may require additional meetings between the petitioner and the Planning and Zoning Board to assure that the proposed planned development conforms to the maximum extent possible with the applicable ordinance provisions, goals and policies of the City of Maroa.
(6)
When determined desirable by the Planning and Zoning Board, City staff or its consultants shall prepare a written report, which shall be forwarded to the City Council. The report shall:
(a)
Evaluate the compatibility of the planned development with Maroa's Comprehensive Plan;
(b)
Identify and comment on exceptions from applicable ordinances which have been requested by the petitioner;
(c)
Summarize recommendations by the Planning and Zoning Board regarding the proposed planned development; and
(d)
Summarize the petitioner's proposed schedule for submitting preliminary and final plans in accordance with procedures set forth herein.
C.
Preliminary plan.
(1)
Purpose.
(a)
The purpose of the preliminary plan is to obtain a recommendation and preliminary approval by the City Council indicating that all plans and programs which the petitioner intends to build and follow are acceptable and that the petitioner can reasonably proceed with preparation of detailed architecture, engineering, site and landscape plans.
(b)
The preliminary plan is more detailed than the concept plan required for preapplication. This plan is meant to assure the petitioner that final plans will be approved by the City Council, provided these plans substantially conform to the approved preliminary plans.
(2)
Procedure.
(a)
A request for preliminary plan approval, signed by the owner of record of the land proposed for a planned development, shall be submitted to the Clerk, who will forward the request to the City Council. The City Council will refer the matter to the Planning and Zoning Board for public hearing, report and recommendation.
(b)
Preliminary and final plans must be filed and processed consecutively and not simultaneously, unless specifically exempted from this requirement by the City Council.
(3)
Distribution of plans and required documentation.
(a)
Subsequent to referral by the City Council, the petitioner shall file 10 copies of plans and other support documentation, as identified below, with the City Clerk.
(b)
Once all required drawings and information have been received, the Clerk shall distribute the preliminary plan submittal to the Planning and Zoning Board and to other reviewers as appropriate. This shall include, but not be limited to, the following:
(c)
Required plans and support documentation shall be submitted no later than 15 working days before the next scheduled meeting of the Planning and Zoning Board, to assure adequate time for review.
(4)
Required submittals. Unless specific submittal requirements are waived by the Planning and Zoning Board Chair, the following plans and drawings, as applicable, shall be submitted at the scale necessary to clearly indicate what is planned for the property:
(a)
Location map.
(b)
Site plan. The proposed site plan shall contain all the information required at the preapplication stage, as well as the following:
[1]
Location of the subject site by section, town and range or by other approved legal description.
[2]
Name and address of the site planner, engineer, architect and landscape architect.
[3]
Name and address of the owner and/or trust beneficiary.
[4]
Site data, including, as applicable:
[a]
Total acreage and acreage of each proposed lot, outlot and open space, greenbelt or recreation area.
[b]
Acres and percent of the planned development devoted to each land use.
[c]
Percent of land devoted to streets and public rights-of-way; percent of land covered by buildings and parking.
[d]
Percent of the site devoted to usable open space.
[e]
Minimum lot size.
[f]
Existing zoning on and adjacent to the site.
[5]
Existing topography and proposed grading.
[6]
Existing and proposed zoning.
[7]
Municipal and school districts within which the project is located.
[8]
Utility easements.
[9]
Proposed lotting and footprints of all nonresidential structures.
[10]
Maximum lot coverage by buildings and other impervious surfaces, for all uses within the planned development.
[11]
Off-street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones.
[12]
Configuration and acreage of all land proposed to be dedicated as open space or greenbelts and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings and similar public and quasi-public uses.
[13]
Pedestrian and/or bicycle circulation systems.
[15]
Proposed phasing.
[16]
Location of trash bins and enclosures for all multiple-family residential and nonresidential uses, if any.
[17]
All other information determined necessary by the Planning and Zoning Board to clearly show the proposed elements of the planned development.
(c)
Grading plan. The grading plan shall show both existing and proposed contours and elevations and shall identify all areas proposed for excavation and/or filling of the property.
(d)
Landscape plan. The landscape plan shall be superimposed on the grading plan and shall include:
[1]
Any proposed fences, walls, berms and entry monuments.
[2]
Contours for any landscaped berms.
[3]
One or more sections through the site to illustrate the relationship between the landscape materials, the land form, proposed buildings and nearby properties.
[4]
Location of all trees and shrubs, keyed into a plant list which identifies species, sizes and quantities for proposed plantings.
[5]
Method of screening trash collection facilities and enclosures.
(e)
Photometric plan. The photometric plan shall be provided for the entire site development and shall:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Identify the location and heights of all light standards.
[2]
Identify footcandle intensities on the site of the planned development and 10 feet beyond proposed property lines.
[3]
Include specifications for proposed lighting, including wattage, method of illumination and color of light standards and luminaires.
(f)
Development schedule. A development schedule shall be submitted which addresses:
[1]
Approximate dates for initiating project construction.
[2]
Phasing and anticipated dates of completion for public improvements for each phase.
[3]
The area and location of open space and/or greenbelt areas to be provided with each phase.
[4]
The mix of uses proposed for implementation within each phase of a mixed-use planned development.
(g)
Architectural drawings. Preliminary architectural drawings for all primary buildings shall be submitted which include:
[1]
Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all exterior elements of the building.
[2]
Gross floor area for all nonresidential buildings.
[3]
Minimum habitable floor areas for residential buildings, excluding garages, basements, porches and patios.
[4]
Proposed building heights.
[5]
Roof plan for all nonresidential structures, which shows the proposed location and top elevation of all roof-mounted mechanical equipment.
[6]
Cross-sections of all nonresidential structures which show the relation of the roof structure and/or parapet wall to the proposed roof-mounted mechanical equipment.
(h)
(i)
Utility plan. A proposed utility plan shall be superimposed on the proposed site plan and shall show:
[1]
Approximate location and dimensions of all sanitary sewer, storm sewer and water lines.
[2]
Drainage ditches, culverts, water retention areas and utility easements.
[3]
Statement from the petitioner's engineer attesting to the capability of existing water and sewer systems to service the proposed development.
(j)
Traffic impact study. A traffic study, prepared by a professional engineer licensed in the State of Illinois, when deemed appropriate by the Mayor, shall be submitted to:
(k)
Written statement. A written statement shall be submitted by the petitioner which describes:
[1]
Why the petitioner is processing the project as a planned development.
[2]
How the proposed planned development meets the objectives of the Comprehensive Plan and the planned development purposes noted in § 290-6.1 of this article.
[3]
How the project is compatible with adjacent development or planned land uses.
[4]
How the project will economically benefit or otherwise affect Maroa, including information regarding additional public facilities and/or services that will be needed as a result of the proposed project.
[5]
A comprehensive list of all requested exceptions to applicable ordinances.
(l)
Schools and parks. A petitioner shall prepare an estimate of land and/or cash that will be required for the development, based on the adopted Land/Cash Ordinance for Parks, Schools and Public Areas, as may be amended from time to time.
(m)
Other. The Planning and Zoning Board may require preparation and submittal of the following for review and evaluation:
[1]
Tax impact study, detailing the estimated cost which the planned development will have on all taxing bodies and anticipated revenues which will be realized from each phase of development.
[2]
A projected school population study estimating the number of students, by age group, which will be generated by the development.
[3]
Other information that is deemed necessary for evaluation of the proposed development against City plans, policies, ordinances and existing conditions.
(5)
Public hearing.
(a)
Scheduling.
[1]
Prior to scheduling the public hearing, the petitioner shall submit 10 copies of the required submittals for preliminary plan review, as set forth in Subsection C(4) above.
[2]
Upon receipt of all required documentation, the Mayor shall coordinate the time, date and place of the public hearing with the petitioner and the Planning and Zoning Board.
(b)
Content of notice. The notice of public hearing shall, at a minimum, include:
[1]
A legal description of the subject property.
[2]
The address or common name of the subject property.
[3]
The name of the petitioner.
[4]
A description of the petitioner's request, including, but not limited to, the requested zoning, acreage of the subject property, proposed mix of uses and number and types of dwelling units, if any ,and square footage of nonresidential uses.
[5]
Identification of requested exceptions from applicable ordinances.
[6]
The time, place and purpose of the public hearing.
(c)
Notice to the public. The petitioner shall give notices of the public hearing as follows:
[1]
Property owners.
[a]
The petitioner shall, by certified mail, return receipt requested, notify all property owners within 250 feet in all directions of the petitioner's property. Said notices shall be mailed out not more than 30 days, nor less than 15 days, in advance of such hearing.
[b]
The petitioner shall file a sworn affidavit with the Mayor which confirms that notices have been sent as required, and include a copy of the notice and the names and addresses of all to whom notices have been sent and the certified mailing return receipts.
[2]
Publication. Notice of said hearing shall be published, by the City Clerk, which confirms that notices have been sent as required and include a copy of the notice and the names and addresses of all to whom notices have been sent and the certified mailing return receipts.
[3]
Posting.
[a]
The petitioner shall post and maintain, for a period of not less than 10 days prior to the hearing, the notice of public hearing.
[b]
Said notice shall be erected not more than 15 feet from the front lot line and not less than four feet nor more than six feet above ground, and be placed and sized in such a manner so the words "Notice of a Public Hearing" shall be visible from the adjacent street.
[4]
Other. Supplemental or additional notices may be distributed, published or posted as the City Council may require.
(d)
Conduct of hearing.
[1]
The petitioner shall enter all plans, drawings and other supporting documentation into the record as official exhibits and shall demonstrate compliance with the notice of public hearing, notice of surrounding property owners and posting of the property.
[2]
The hearing may be continued by the Planning and Zoning Board from time to time, during which time drawings and supporting documentation may be revised and resubmitted.
(6)
Planning and Zoning Board's recommendation. After the close of the public hearing, the Planning and Zoning Board shall recommend approval or denial of the proposed planned development. The recommendation may include conditions of approval intended for incorporation into final plans and supporting documentation.
(7)
Statement of findings of fact. The Chairperson shall have prepared a written statement of findings of fact, which shall be submitted to the City Council with the Planning and Zoning Board's recommendation:
(a)
The Zoning and Planning Board's statement of findings of fact shall include, but not be limited to:
[1]
Name and address of the petitioner and the petitioner's attorney.
[2]
The petitioner's request.
[3]
A description of the project.
[4]
A list of requested exceptions from zoning or planned development standards, if any, and the basis for recommending approval or denial of each exception.
[5]
A list of exhibits upon which the Planning and Zoning Board recommendation is based, including title, author and date of preparation or revision.
[6]
Recommendation of the Planning and Zoning Board, including conditions of approval, if any.
[7]
The roll call vote.
(b)
The statement of findings of fact shall also specify in what respects the proposal would or would not be in the public interest and shall, at a minimum, address:
[1]
The extent to which the proposed planned development departs from the zoning, subdivision regulations or planned development standards otherwise applicable to the subject property and the reasons why such departures are in the public interest.
[2]
Compatibility of the proposed planned development with adjacent properties and neighborhoods.
[3]
The desirability of the proposed planned development, or lack thereof, for the City's tax base and economic well-being.
[5]
Compatibility with the Comprehensive Plan and the goals and policies for planning for the City of Maroa.
(8)
City Council review.
(a)
Subsequent to receiving the Planning and Zoning Board's statement of findings of fact, the Mayor shall schedule the proposed planned development for review by the City Council.
(b)
The petitioner shall present all exhibits and testimony applicable for review and action by the City Council.
(c)
The City Council shall approve, approve with modifications or disapprove the preliminary plan for the proposed planned development.
(9)
Action by the City Council.
(a)
The preliminary plan may be disapproved or referred back to the Planning and Zoning Board for additional review of specified items, by motion of the Council.
(b)
If the preliminary plan is approved, the City Council shall prepare a development ordinance for the preliminary plan. The ordinance shall identify all applicable exhibits and support documentation upon which City Council action is based and shall include any conditions of approval.
D.
Final plan.
(1)
Process.
(a)
Within 18 months of the adoption of the preliminary plan development ordinance, the petitioner shall file with the Mayor all required final plan submittals for applicable phases of construction. The submittal shall address all conditions of approval that are set forth in the preliminary plans and development ordinance.
(b)
The request for final approval of a planned development shall be submitted to the Mayor, who, upon receipt of all required submittals, will forward the request to the Planning and Zoning Board for its review and recommendation. Final plan approval may be obtained in phases, in accordance with the petitioner's development schedule.
(c)
Final plats of a subdivision may be processed along with the final plan submittal in accordance with Chapter 230, Subdivision of Land.
(d)
Final plan submittals shall demonstrate compliance with the preliminary plan development ordinance. The petitioner shall file 10 copies of plans and other required supporting documentation with the Mayor. Once all required drawings and information have been received, the Mayor shall distribute the final plan submittal to the Planning and Zoning Board and to other designated reviewers.
(e)
Required plans and documentation shall be submitted no later than 15 working days before the next scheduled meeting of the Planning and Zoning Board to assure adequate time for review.
(2)
Submittals. Required submittals shall include, but not necessarily be limited to, the following, as applicable:
(a)
An accurate legal description of the entire area under immediate development within the planned development.
(c)
An accurate legal description of each separate unsubdivided use area, such as open space and greenbelts.
(d)
Tabulations of each use area, including land area and number of dwelling units per acre, if any.
(e)
Final landscape plan, superimposed on a grading plan.
(f)
Final utilities and drainage plan.
(g)
Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and its open space, greenbelts or other recreational facilities.
(h)
Final development and construction schedule.
(i)
Detailed elevations of buildings.
(j)
Final engineering drawings.
(k)
A certificate from the county which documents that no delinquent taxes exist and that all special assessments constituting a lien on the whole or any part of the property of the planned development have been paid.
(3)
The final plan shall be processed as follows:
(a)
The Planning and Zoning Board shall review the final plan and plat submittal at a public meeting and shall recommend approval if it is in substantial compliance with the preliminary plan development ordinance. Its recommendation may include such additional conditions as may be appropriate, based on the formal documentation submitted.
(b)
If the final plan and plat are substantially different from the approved preliminary plan, the Planning and Zoning Board shall either:
(c)
With a recommendation of approval, the Planning and Zoning Board shall submit to the City Council a written statement of findings of fact and recommendations which:
(4)
If the City Council decides to approve the final development plan, it shall prepare a formal plan development ordinance. If the City Council determines that the final development plan shall be disapproved, it shall do so by a motion of the Council. In lieu of denial, the City Council may grant the petitioner additional time to remedy any deficiencies.
(5)
No plats shall be recorded and no building permits issued until final plan submittals have been approved by the City Council. Final plats shall be recorded by the petitioner within 30 days of the date of final plan approval.
E.
Guarantees. In all cases where special use permits for a planned development are granted, the City Council shall require such evidence and guarantees as it may determine necessary as proof that the conditions stipulated in connection with the planned development are being and will be complied with.
§ 290-6.7 Changes in planned development.
A.
The planned development shall be implemented only according to the approved final plan development ordinance and recorded final plats of subdivision recorded for the planned development. The recorded final plats and supporting data, together with all recorded documents and amendments, if any, shall be binding on the owners, successors, heirs and assigns.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Changes to a planned development may be made as follows:
(1)
Major changes.
(a)
Changes which alter the concept or intent of the planned development may be approved by the City Council only by submission of a new final plan and final plats of subdivision for the planned development. All revisions shall be reviewed by the Planning and Zoning Board at a public hearing.
(b)
Major changes include, but are not limited to, the following:
(2)
Minor changes. Minor changes may be approved by the City Council, after review and recommendation of the Planning and Zoning Board at a public meeting, provided said changes do not alter the spirit and intent of the approved planned development. Minor changes include:
(a)
Minor modifications to the location of buildings, provided all setbacks established for the planned development are met.
(b)
Minor changes to the location and configuration of streets and rights-of-way, which are made to preserve natural features.
(c)
Minor changes to the location and configuration and size of approved open space, greenbelts and recreational facilities, due to circumstances that were not foreseen at the time the final plans were approved.
(3)
Incidental field changes. Incidental field changes may be approved by the Mayor, after review by appropriate staff.
C.
Recording. Major changes which are approved for the final planned development shall be recorded as amendments to the recorded copy of the final plat of subdivision(s).