(a)

Purpose and intent.

(1)

The purpose of the regulations, standards, and criteria contained in this article [section] is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this chapter.

(2)

The objective of the planned unit development (PUD) is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the official comprehensive plan and planning policies of the city while departing from the strict application of the use and bulk regulations of the zoning ordinance and the design standards of the subdivision control regulations. The planned unit development is intended to permit and encourage such flexibility and to accomplish the following purposes:

a.

To stimulate creative approached and provide more efficient use of land.

b.

Encourage unique design and site planning of land areas through the use of criteria which, when properly implemented, allows for certain flexibility and density bonuses.

c.

To unify building and structures through design.

d.

Provide an administrative procedure and standards to facilitate and utilize imaginative design and subdivision technology which may necessitate variation to traditional yards, setbacks, lot shapes and sizes.

e.

For residential PUDs: Permit and foster condominium developments in accordance with the provisions of the Condominium Property Act, 765 ILCS 605/1 et seq., effective June 1963, as amended.

(b)

Districts.

(1)

The following PUDs exist along with their individual basic parameters:

(c)

Standards for PUDS.

(1)

Unless otherwise approved as part of the PUD, all buildings, structures, and uses of land within the PUD shall conform to the area, lot width, yard, height, bulk and character standards of the zoning district in which the PUD is located or, for those uses which are not allowed in that zoning district but are allowed as part of the PUD, the area, lot width, yard, height, and bulk regulations of the most restrictive district in which they are permitted.

(2)

Commercial and retail projects with more than 50,000 square feet of floor space must provide pedestrian amenities and facilities at a rate equal in square footage to one percent of the total lot area plus one percent of the total building area. Pedestrian amenities may include: paved walking surfaces from parking lots to storefronts; plaza spaces that incorporate outdoor seating and landscaping; or open spaces that can be used for festivals or special events.

(3)

The project incorporates coordinated architectural design elements in terms of building materials, building styles, scale, mass, and character. This standard is not intended to restrict innovation or creative variation in building materials, architectural detailing, building orientation, or building types.

(4)

A PUD must be developed with connections to adjoining properties. Designs should emphasize accessibility, open views, and connections with the larger community and discourage development that divides neighborhoods or restricts access to adjacent property. The design of lots, streets, sidewalks, and paths within a planned unit development must make provisions for the continuation of roads, sidewalks, trails, or paths to adjoining areas.

(d)

Application and review.

(1)

All PUDs shall file for application as a special use.

(2)

Preapplication conference. Each prospective applicant shall confer with the city zoning administrator in connection with preparation of the application prior to the submission of such application.

(3)

Zoning administrator review. The zoning administrator shall review the proposed planned unit development to determine its conformity with land development trends in the community; standards of the official comprehensive plan and recognized principles of design, land use planning and landscape architecture. The zoning administrator shall give the applicant direction on proceeding to a formal petition before the PZC. At times, the zoning administrator may recommend that an applicant go before the PZC to conceptually review the PUD proposal for more feedback before proceeding to a formal petition.

(4)

PZC submittal. An application for a PUD shall be filed with the zoning administrator on a form prescribed by the city and provided for that purpose. The application shall, at minimum, consist of:

a.

Overall development plans showing:

1.

Kind, location, bulk and capacity of proposed structures and uses;

2.

Proposed finished topography;

3.

Engineering and improvement plans;

4.

Provisions for pedestrian, trucking, and/or automobile parking and loading; and

b.

Written statement of facts explaining in detail the proposal and justifying the project at this location. Included also will be the proposed provisions for service, maintenance and continue protection of the residential planned unit development and adjoining territory.

c.

Other pertinent information as the zoning administrator shall prescribe.

(5)

PZC review and public hearing.

a.

Upon receipt of the application, the PZC shall hold, within 60 days of the date when the application was received, at least one public hearing on the application for a PUD following the guidelines for public hearing notice and procedures set forth this chapter. The city PZC shall review the submitted PUD application and make a recommendation to the city council.

(6)

Action of PZC—General basis of approval for PUDs. The PZC in making its recommendations and the city council in making its determination shall give consideration and satisfy themselves as to the following:

a.

The establishment of a planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

b.

The PUD will not be injurious to the use and the enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.

That the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following the approval of the project and requested overlay of the PD district, that the project appears economically sound, that adequate financing is possible, and that the development will be carried out according to a reasonable construction schedule satisfactory to the city.

d.

That the proposed development is consistent in all respects to the spirit and intent of this chapter, is in conformity with the general plans for community development, would not be contrary to the general welfare and economic prosperity of the city or of the immediate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justifies the variation from the normal requirements of this chapter through the application of the PUD.

e.

The PUD will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

f.

Adequate utilities, access roads, drainage and/or other necessary facilities have been, are being or will be provided.

g.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(7)

Basis of approval for residential PUDs. The PZC in making its recommendations for residential PUDs, and the city council in making its determination, shall give consideration and satisfy themselves as to all "general basis" requirements above as well as the following requirements:

a.

That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character established for the area by the community comprehensive plan, and where the economic impact of the development in terms of income levels, property values, and service demands is at least as beneficial to the community as that which could be anticipated under the base zoning.

b.

The population composition of the development will not alter adversely the impact upon school or other municipal service requirements as anticipated under the existing basic zoning.

c.

That the project will not create traffic or parking demand incompatible with the area neighborhood.

d.

That the total average residential density of the project will be compatible with the area neighborhood, except as may be modified by this section.

e.

That adequate open space/park areas are reserved per the adopted plans of the city or fitting for the surrounding neighborhood and development being proposed.

f.

The city PZC may recommend approval of variation in the zoning and subdivision standards in residential PUDs which may permit private streets for unique developments that may be utilized condominium development techniques, cluster housing concepts and other imaginative and unique development methods when consistent with the purpose of this article [section].

(8)

Basis of approval for commercial and industrial PUDs. The PZC in making its recommendations for commercial and industrial PUDs, and the city council in making its determination, shall give consideration and satisfy themselves as to all "general basis" requirements above as well as the following requirements:

a.

That the economic practicality of the proposed development can be justified on the basis of purchasing potential, competitive relationship and demonstrated tenant interest.

b.

That the proposed development will be adequately served by off-street parking and truck service facilities.

c.

That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an effect upon the general traffic pattern of the area.

d.

That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not creating an effect upon the property values of the surrounding neighborhood.

(9)

Basis of approval for mixed use PUDs. The PZC in making its recommendations for mixed use PUDs, and the city council in making its determination, shall give consideration and satisfy themselves as to all "general basis" requirements above as well as the following requirements:

a.

That the proposed mixture of uses produces a unified composite which is compatible within itself and which as a total developmental entity is compatible with the surrounding neighborhood.

b.

That the various types of uses conform to the general requirements as herein set forth, applicable to projects of such use character.

c.

That adequate open space/park areas are reserved per the adopted plans of the city or fitting for the surrounding neighborhood and development being proposed.

(e)

Density.

(1)

For specific project density computation, the allowable maximum unit density shall be determined by dividing the gross area of the planned development (Exclusive of existing public right-of-way or public open space easement) by the square feet per family as required by the district intended.

(2)

The city may allow increased density for a particular planned development however the total allowable maximum density may increase no more than ten percent above the amount of base units calculated.

(3)

Density allowances and calculations are approved solely by the PZC and city council if it is found that the density is justified in terms of the relationship to open areas, service demand, and the total quality and character of the proposed planned development.

(f)

City council vote and ordinance.

(1)

Any proposed PUD which fails to receive the approval of the PZC shall not be granted by the city council except by the favorable vote of three-fourths of all the members of the city council.

(2)

The city council ordinances shall specify the maximum density (dwelling units per net acre), coverage and height for the PUD, and may include such other conditions and/or restrictions upon the location, design and construction as shall be deemed necessary to secure the general objectives of this chapter.

(3)

Approved ordinances shall be kept in the office of the zoning administrator and parcels receiving PUD approvals shall be mapped if applicable.

(g)

Protest petitions for residential PUD.

(1)

If written protest against a proposed residential planned unit development is made by the owners of 20 percent of the frontage immediately adjoining or across a street, alley or public easement therefrom and filed with the city clerk, such residential planned unit development special use permit shall not be granted except by an affirmative vote of at least three-quarters of all the members of the city council.

(h)

Recorded plat may be required.

(1)

A plat of subdivision shall be recorded if applicable to the approved planned development. Such plat shall be recorded as a condition of deeming any PUD approval final. Such plat shall meet all requirements as part of Chapter 90 of the City of South Beloit ordinances. No building permits shall be issued until after final approval of the PUD and recording of the subdivision plat as finally approved by the city council.

(i)

Guarantee of completion.

(1)

Before final approval of a PUD, the PZC may recommend, and the city council may require, a developers agreement, with safeguards satisfactory to the city attorney, guaranteeing completion of the PUD in a period specified by the PZC, but which period shall not exceed five years unless extended by the city council.

(j)

Revocation.

(1)

A PUD granted subject to conditions shall be temporarily revoked by the city council if the conditions are not complied with. The PZC shall hold a public hearing within 45 days in accordance with the regulation, general provision or condition that is being complied with, and may recommend permanent revocation of the PUD or the taking of such action as may be necessary to ensure compliance with the regulation, general provision or condition. Upon receipt of the recommendation of the PZC, the city council shall make a final determination as to revocation of the PUD or any other such action as may be necessary to ensure compliance.

(2)

In any case when construction of a PUD has not commenced within one year after the date of approval, the PZC shall review such PUD and recommend to the city council whether or not the PUD should be revoked or continued.

(k)

New application. No application for a PUD which has been denied, wholly or in part, by the city council shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the PZC.

(Ord. of 5-6-2024)