Pre-petition conference. Prior to official submittal of a petition for consideration of the planned development district, the petitioner shall meet with the city, including, but not limited to, the City Engineer and Building Inspector for a preliminary discussion as to the scope and nature of the proposed development.
(A) Following the preliminary consultation with the city staff, petition may be made to the City Council by the owner, or his agent, for the approval of a specific project plan under the provisions of these regulations, and for the application to the project area of the planned unit development.
(B) A copy of such application shall upon initial presentation by the City Clerk to the City Council be referred to the Planning Commission with a request to hold a public hearing. Such public hearing shall be held upon public notice and consistent with the other requirements of the Illinois Compiled Statutes.
(C) Upon filing such an application, the petitioner shall submit sufficient copies as determined by the City Engineer of those items specified in § 153.162, which are designated with an asterisk.
(D) Following review of these preliminary materials, the Planning Commission may suggest modifications to the plans prior to the public hearing and prior to requiring the submittal of the balance of the supporting documents specified in § 153.162.
(E) Following preliminary meetings with the petitioner and publication as required hereunder and pursuant to law, the Planning Commission shall hold the required public hearing. Within 45 days following the conclusion of the public hearing, which may be extended and recessed and take place on more than 1 occasion prior to being finally concluded, the Planning Commission shall forward their recommendations to the City Council.
(F) The City Council, upon report of the Planning Commission, and without the necessity of further public hearing, may, at a public meeting, grant or reject an amendment and petition for approval of a preliminary plan for a planned unit development district, or it may refer the matter back to the Planning Commission for further consideration consistent with such recommendations and/or other comments as the City Council within its discretion deems appropriate in the circumstances. Additionally, the City Council as a part and condition of its approval of any preliminary plan regarding any planned unit development may within its discretion require the developer to provide assurances to the city to guarantee the implementation of the development according to the terms and conditions established as a part of the development plan and/or may require the developer to enter into a contract with the city regarding guaranteeing and providing for the implementation of the development plan; the assurances and/or contract provisions may include within the discretion of the Council but need not be limited to covering the following aspects of the planned development: use, standards and design of the project in confirmation with submitted documents; the timing and phasing of the project, it being contemplated that planned unit developments may be allowed to proceed in phases; the method guaranteeing the preservation of open space; the method and procedure for payment of annexation, utility and other city fees; the completion of required infrastructure improvements as contemplated by the proposed plan; bond requirements, if any, may within the discretion of the Council be imposed regarding providing assurance as to the completion of the plan; and conditions under which the plan, and if there is an agreement in reference to implementation of the plan, the contract may be terminated in the event of non-performance.
(G) In the case of a written protest against any petition for approval of preliminary plan of planned unit development petition and amendment is made by the required number of persons as indicated within the Illinois Consolidated Statutes, ILCS Ch. 65, Act 5, § 11-13-14 in reference to objections by owners of frontage property, specifically including written protests signed and acknowledged by owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage immediately adjoining or by owners of 20% of the frontage directly opposite the frontage to be altered, is filed with the City Clerk and is otherwise in compliance with the provisions of the Illinois Consolidated Statutes in reference to such protests, the amendment shall not be passed except on the favorable vote of 2/3 of all members of all Aldermen then holding office.
(H) Failure to comply with the conditions and regulations as herein established and as specifically made applicable pursuant to any approval of a preliminary plan in regard to a planned unit development, shall be cause for termination of the approval of said planned unit development. At least 15 days notice shall be given to the developer to appear before the Planning Commission at a hearing of the Planning Commission which shall also be published in reference to notice at least 15 days in advance of said meeting to answer any charge of non-compliance. In the event the Planning Commission should find the charges substantiated, the Planning Commission may recommend such termination of the project approval by the City Council if the situation is not satisfactorily cured within a reasonable period set forth by the Planning Commission.
(Ord. 1959, passed 5-22-2006)