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Mount Morris City Zoning Code

CHAPTER 17

PLANNED UNIT DEVELOPMENT

10-17-1: INTRODUCTION:

   A.   This chapter details requirements for planned unit development. A special use permit for a planned unit development allows an innovative and imaginative design and provides that each case is considered individually.
   B.   Different types of planned unit developments are possible: cluster developments of single-family dwellings on reduced sized lots with common open space and developments combining two (2) or more land uses in a coordinated whole.
   C.   The unique and substantially different character of planned unit developments requires their administrative processing as a "special use" in this title. Planned unit developments are more complex and of a different character than other special uses requiring the establishment herein of specific and additional procedures, standards and exceptions to guide the recommendations of the Plan Commission and the action of the Village Board. (1979 Code § 5-17-1)

10-17-2: BASIC PROVISIONS AND REQUIREMENTS:

The basic provisions and requirements concerning planned unit development are as follows: The subdivision, development and use of land containing fifteen (15) or more acres as an integral unit, which may combine more than one (1) primary land use and which may provide for one-family residential, multiple-family residential, education, limited commercial, recreational, park and common use areas may be described as planned unit development.
   A.   In its establishment and authorization as a special use, in addition to the foregoing provisions, the following procedures, requirements, restrictions, standards and conditions shall be observed.
   B.   The planned unit development may be excluded from the provisions of the subdivision regulations of title 11 of this Code to the extent specified in the final authorization of the planned unit development.
   C.   Any commercial or business use to be combined with a residential or multiple-family residential use shall be limited as follows:
      1.   The commercial or business use must be confined to a community use building located within the development.
      2.   The commercial or business use may not exceed twenty percent (20%) of the total square footage of the community use building.
      3.   The commercial or business use must be available for the general public's use.
      4.   The proposal shall provide for sufficient off-street parking for the commercial or business uses. (1979 Code § 5-17-2)

10-17-3: LOCATION OF PLANNED UNIT DEVELOPMENT:

A planned unit development may be located in any district zoned for a use which is a component of that planned unit development. No planned unit development may be located in a district which is not zoned for one (1) component of that planned unit development. (1979 Code § 5-17-3)

10-17-4: PRELIMINARY PLAN:

The applicant shall request the special use permit, by letter addressed to the Village Board, to be placed on the agenda of the meeting of the Plan Commission for a preliminary discussion of the proposed planned development, and the Plan Commission shall consider the proposed planned development at such meeting, which may be continued from time to time. Thereafter, the applicant shall prepare a preliminary plan which shall include, but not necessarily be limited to, the following:
   A.   Twenty (20) copies of a preliminary plan including a map or maps which shall be included as part of the application and shall be drawn at a scale of two hundred feet to the inch (200' = 1"). The following information shall be shown:
      1.   Boundary Survey: A boundary line survey of the subject site which shall be prepared and certified by a registered land surveyor.
      2.   Topography: The existing topographic character of the land with contours shown at intervals no greater than five feet (5'). Topographic data shall refer to the USGS North American Datum - Mean Sea Level Elevation.
      3.   Site Analysis: A detailed site analysis of the property in question, which shall show the following information:
         a.   Physical Factors Information:
            (1)   Existing land uses both on the site and immediately adjacent to it;
            (2)   Scenic views;
            (3)   Wooded areas;
            (4)   Soil problem areas based upon a soil survey of the site to include a report from the Soil Conservation Service. Additional soil information may be requested by the Plan Commission and/or the Village Engineer;
            (5)   Portions of the site in any floodplain and/or floodplain fringe areas;
            (6)   Streams, ponds, drainage ditches, culverts and standing water;
            (7)   Isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level;
            (8)   General directions of the stormwater runoff across the property.
         b.   Public Utilities Information: Public utilities information, which shall show the location and size of any existing sanitary sewers, storm sewers and water lines both on the site and in easements and rights-of-way immediately adjacent to the site - gas, electric and telephone.
         c.   Other Information:
            (1)   Existing County and/or Municipal zoning on all parts of the site;
            (2)   Municipal corporate boundaries across and adjacent to the subject site;
            (3)   Utility easements across and adjacent to the subject site.
      4.   Land Use Plan: A proposed land use plan which shall be drawn upon a print of the topographic map for this site. The proposed land use plan shall contain the following information:
         a.   Identification And Description:
            (1)   Name of the planned unit development;
            (2)   Location of the subject site by section, town and range or by other approved legal description;
            (3)   Name and address of the site planner and/or engineer;
            (4)   Name and address of the owner and/or trust beneficiary or developer;
            (5)   Scale, northpoint and date.
         b.   Design Features: Design features information, which shall show:
            (1)   Right-of-way alignments, widths and names of all streets. Such street names shall not duplicate the name of any street heretofore used in the Village or its environs unless such street is an extension of or is in the lie with an already named street, in which event that name shall be used;
            (2)   The location of all multi-family or single-family attached buildings and structures;
            (3)   Off-street parking and service areas;
            (4)   All areas to be dedicated as common open space and all sites to be conveyed, dedicated or reserved for parks, playgrounds, community or commercial buildings, and business areas contained within any community building;
            (5)   The pedestrian circulation system, and pathway system or bicycle system;
            (6)   All other information necessary to clearly show the proposed elements of the planned unit development.
      5.   Utility Plan: A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewer, storm sewer, and water lines for all proposed land uses, drainage ditches, culverts and water retention areas, as well as any utility easements. The utility plan shall be accompanied by a statement from the Village Engineer attesting to the capability of existing sewer systems to service the proposed development.
   B.   A written statement which shall be included as part of the application for approval of the preliminary plan shall contain the following information:
      1.   The type and number of dwelling units for any proposed residential land uses.
      2.   The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and to end.
   C.   Other information may be requested if the Plan Commission finds that the planned unit development may create special problems for traffic, parking, landscaping and/or economic feasibility. Such information may include, but not be limited to, any of the following:
      1.   An off-street parking and loading plan.
      2.   A traffic study indicating the volume of traffic to be generated by the planned unit development or this phase of it and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the planned unit development or this phase of it.
      3.   Economic impact - a tax impact study detailing the impact which the planned unit development or this phase of it will have upon all taxing bodies. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.
      4.   A landscaping planting plan, indicating the height, size, location, quantities and variety of stock to be planted.
   D.   The procedure for approval of the preliminary plan shall be as follows:
      1.   The Village Board shall refer the preliminary plan to the Plan Commission. The Village Board shall instruct the appropriate Village departments and Village Engineer to collaborate with the Plan Commission in reviewing the preliminary plan for the planned unit development for its compliance with these regulations and other ordinances of the Village. Such collaboration may include meetings at which the developer shall meet with the Village officials and Engineer in order that the Plan Commission may have, prior to its public hearing, the informal recommendations of its officials and engineer.
      2.   The Plan Commission shall notify the applicant as to the time and place of the public hearing at which the applicant shall present his preliminary plan. The Plan Commission shall cause notice of such public hearing to be published in a manner approved by the Village Attorney for the Plan Commission for all special use permits and as required by statute.
   E.   The Plan Commission shall proceed as quickly as possible in its review of the preliminary plan. Within no more than thirty (30) days after the final adjournment of the public hearing, the Plan Commission shall:
      1.   Approve and/or disapprove the preliminary plan and shall submit its written recommendation, which may include the recommendations of the Village Engineer and Village Attorney, to the Board of Trustees, with a copy being sent to the applicant; or
      2.   Advise the applicant in writing if the Plan Commission finds that change, addition, or corrections are required in the preliminary plan. The applicant shall resubmit twenty (20) copies of the revised preliminary plan for consideration by the Plan Commission at a continuation of or a new public hearing. The applicant shall do so without paying an additional filing fee.
   F.   The Village Board of Trustees shall accept or reject the preliminary plan within forty five (45) days after its next regular meeting following the receipt of the written recommendations of the Plan Commission. The applicant and the Village Board of Trustees may mutually agree to extend the forty five (45) day period.
      1.   If the preliminary plan is disapproved, the Village Board shall state in writing the reasons for the disapproval, and such writing, if prepared, shall be filed with the Village Clerk and a copy shall be sent to the applicant.
      2.   If the preliminary plan is approved, the Village Board shall authorize the applicant to submit a final development plan for the planned unit development.
      3.   Within one (1) year following the approval of the preliminary development plan, the applicant shall file with the Plan Commission, a final development plan completing in final form all information required as noted in this section. (1979 Code § 5-17-4)

10-17-5: FINAL DEVELOPMENT PLAN:

   A.   Within one (1) year following the approval of the preliminary development plan, the applicant shall file with the Plan Commission a final development plan containing in final form the information required in the preliminary plan. The final development plan shall also include the following:
      1.   A final land use plan, suitable for recording with the County Recorder of Deeds.
      2.   An accurate legal description of the entire area under immediate development within the planned development.
      3.   Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designated.
      4.   Landscaping plan.
      5.   Utilities and drainage plan.
      6.   Final agreements, bylaws, provisions or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open areas or other common facilities.
      7.   Final development and construction schedule.
      8.   Final architectural plans.
      9.   Final engineering drawings.
   B.   The final development plan shall be approved as follows:
      1.   The Plan Commission shall review the final development plan within thirty five (35) days of its submission and shall recommend approval if it is in substantial compliance with the preliminary development plan. The Plan Commission shall certify to the Board of Trustees that the final development plan is in conformity with the previously approved preliminary development plan.
      2.   If the Plan Commission finds that the final plan is substantially changed from the approved preliminary plan, the Plan Commission shall recommend to the Village Board that a new public hearing be held in conformance with the procedures for approval of the preliminary plan.
      3.   The Board of Trustees, after receipt of the recommendation of the Plan Commission, shall itself review the final development plan, and authorize issuance of special use permits. If the final development plan is held not to be in conformity with the preliminary development plan, the Village Board shall inform the applicant with regard to the specific areas found to be not in compliance.
   C.   Permits are to be issued only after the final planned unit development plat and supporting data have been recorded with the County Recorder of Deeds, and shall be issued in full conformance with this title. Proof of the recording of the final plat shall be provided to the Village Clerk. However, the Village may issue permits for public improvements prior to recordation of the final plat, upon application of the developer and good cause shown and approval by the Village Board. (1979 Code § 5-17-5)