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Stockton City Zoning Code

CHAPTER 12

PUD PLANNED UNIT DEVELOPMENT DISTRICT

11-12-1: PURPOSE:

The planned unit development district is established to provide a regulatory framework designed to promote improved environmental design in the village of Stockton by allowing for greater freedom, imagination and flexibility in the development of land, while ensuring substantial compliance to the basic intent of the zoning ordinance and the general plan for community development. It allows diversification and variation in the relationship of uses, structures, and open spaces in developments conceived and implemented as comprehensive and cohesive unified projects. (Ord., 10-14-2008)

11-12-2: USES:

Any use permitted by right or as a conditional grant in any of the other districts of this title may be permitted in the planned unit development district, provided however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions established by this title. (Ord., 10-14-2008)

11-12-3: LOT SIZE, YARD, AND BULK REGULATIONS:

In the planned unit development district, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this title. (Ord., 10-14-2008)

11-12-4: SIGNS:

Signs may be provided in accordance with chapter 13 of this title and such requirements as are made a part of an approved recorded precise development plan. (Ord., 10-14-2008)

11-12-5: OFF STREET PARKING AND LOADING:

In the planned unit development district, off street parking facilities shall be provided in accordance with chapter 15 of this title and such requirements as are made a part of an approved recorded precise development plan. (Ord., 10-14-2008)

11-12-6: CRITERIA FOR APPROVAL:

As a basis for determining the acceptability of a planned unit development district application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this title, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design:
   A.   Character And Intensity Of Land Use: In a planned unit development district, the uses proposed and their intensity and arrangement on the site shall be a visual and operational character which:
      1.   Are compatible to the physical nature of the site.
      2.   Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality.
      3.   Would not adversely affect the anticipated provision for school or other municipal services.
      4.   Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
   B.   Economic Feasibility And Impact: The proponents of a planned unit development district application shall provide evidence satisfactory to the village board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the village or the values of surrounding properties.
   C.   Engineering Design Standards: The width of street right of way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation, provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village.
   D.   Preservation And Maintenance Of Open Space: In a planned unit development district, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.
      1.   In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village, as part of the conditions for project approval, an open space easement over such open areas.
      2.   The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.
      3.   Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the village and made a part of the conditions of plan approval.
   E.   Implementation Schedule: The proponents of a planned unit development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the village board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point. (Ord., 10-14-2008)

11-12-7: PROCEDURE:

The procedure for rezoning to a planned unit development district shall be as required for any other zoning map amendment under this title, except that in addition thereto the rezoning may only be considered in conjunction with a general development plan and shall be subject to the following additional requirements:
   A.   General Development Plan: A general development plan application shall be submitted with the rezoning petition and shall include the following:
      1.   A statement describing the general character of the intended development.
      2.   An accurate map of the project area including its relationship to surrounding properties and existing topography and key features.
      3.   A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in section 11-12-6 of this chapter:
         a.   The pattern of proposed land use, including shape, size and arrangement of proposed land areas, density and environmental character.
         b.   The pattern of public and private streets.
         c.   The location, size and character of recreational and open space areas reserved or dedicated for public uses such as school, park, greenway, etc.
         d.   A utility feasibility study.
      4.   Appropriate statistical data on the size of the development ratio of various land uses, percentages of multi-family units by number of bedrooms, economic analysis of the development, expected staging and any other plans or data pertinent to evaluation by the village under the criteria of subsection A3 of this section.
      5.   General outline of intended organizational structure related to property owners' association, deed restrictions and private provision of common services.
   B.   Referral And Hearing:
      1.   Application Filing: The general development plan application shall be filed with the zoning administrator, who after ascertaining it contains the information required by this title shall forward the application to the zoning board.
      2.   Hearing Requirement: As with any zoning map amendment, no such amendments shall be made without a hearing before the zoning board. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation published in the village.
      3.   Zoning Board Recommendation: Following public hearing the zoning board shall forward the general development plan petition to the village board, with a recommendation that the plan be approved as submitted, approved with modifications, or disapproved.
      4.   Approval; Implementation Plan: Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific implementation plan, and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
   C.   Specific Implementation Plan: A specific and detailed plan for implementation of all or a part of a proposed planned unit development district must be submitted within a reasonable period of time, as determined by the village board. If a specific implementation plan has not been submitted within said time, which the village board determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the planned unit development district shall be filed by the appropriate village official with the zoning administrator for processing. The specific implementation plan shall be submitted to the zoning administrator and shall include the following detailed construction and engineering plans and related detailed documents and schedules:
      1.   An accurate map of the area covered by the plan, including the relationship to the total general development plan.
      2.   The pattern of public and private roads, driveways, walkways and parking facilities.
      3.   Detailed lot layout and subdivision plan where required.
      4.   The arrangement of building groups other than single-family residences, and their architectural character.
      5.   Sanitary sewer and water mains.
      6.   Grading plan and storm drainage system.
      7.   The location and treatment of open space areas and recreational or other special amenities.
      8.   General location and description of any areas to be dedicated to the public.
      9.   General landscape treatment.
      10.   Proof of financing capability.
      11.   Analysis of economic impact upon the community.
      12.   A development schedule indicating:
         a.   The approximate date when construction of the project can be expected to begin;
         b.   The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
         c.   The anticipated rate of development;
         d.   The approximate date when the development of each of the stages will be completed.
      13.   Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance, and continued protection of the planned unit development and any of its common services, common open areas or other facilities.
      14.   A final plat of the lands to be subdivided as part of the specific implementation plan, suitable for recording.
      15.   Any other plans, documents or schedules requested by the village.
   D.   Approval Of The Specific Implementation Plan:
      1.   Following a review of the specific implementation plan, the zoning board shall recommend to the village board that it be approved as submitted, approved with modifications or disapproved.
      2.   Upon receipt of the zoning board recommendations, the village board may approve the plan and authorize development to proceed accordingly or disapprove the plan and send it back to the zoning board for further negotiation with the developer.
      3.   In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the village offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time, as determined by the village board, in the Jo Daviess County register of deeds office. This shall be accomplished prior to the issuance of any zoning permit.
      4.   Any subsequent change or addition to the plans or use shall first be submitted for approval to the zoning board and, if in the opinion of the zoning board such change or addition constitutes a substantial alteration of the original plan, the procedure for a general development plan and PUD rezoning described in this section shall be required. (Ord., 10-14-2008)