(a) Purpose. The C-PUD District permits a limited variety of commercial uses and contemplates a negotiated, enforceable pre-approved development plan providing for a carefully planned and designed commercial district, with special attention given to structures, uses, traffic management and control and a coordinated development of the entire district and with an understanding that the properties benefitting from this zoning will participate in the costs of planning, designing and constructing the traffic and road improvements required by the development.
(b) Development Plan. Prior to rezoning to the C-PUD District, the developer must submit and the Planning Commission and Council must approve a development plan for the entire proposed C-PUD zoning district.
(1) The Development Plan shall detail structural types, planned uses, and traffic management.
(2) The Development Plan shall minimize the number of curb cuts on existing roads in order to reduce the adverse impact of the development on existing traffic conditions.
(3) The Development Plan shall take into account and shall attempt to minimize the adverse effects on adjacent areas in the Village of any additional traffic created by the development.
(4) The Development Plan shall consider and accommodate all anticipated pedestrian and horse-drawn traffic in a reasonable manner.
(5) The Development Plan shall minimize the number of lots in the development, in order to better coordinate the overall development of the area and any future amendments to the Development Plan.
(6) The Development Plan shall include a proposal for funding the costs of all traffic and road improvements required for the development.
(7) The Development Plan shall include proposed landscaping, plans for storm water management and all public utility requirements.
(8) The Development Plan shall establish general architectural designs and standards to be met throughout the proposed zoning district.
(9) Approval of the Development Plan by the Planning Commission and by Council is a mandatory prerequisite to obtaining a rezoning to the C- PUD zoning district.
(c) Uses Permitted. A building or lot in the C-PUD District shall be used only for the uses permitted in the Commercial District pursuant to Section 1153.04
(a).
(d) Conditional Uses. The Planning Commission may allow, as part of the Development Plan review process, any of the conditional uses identified in Section 1153.04
(b), provided that the Planning Commission first determines that the proposed conditional use is consistent with the development plan for the zoning district and is compatible with other uses in the district.
(e) Maximum Density. The maximum density of structures in a C-PUD zoning district shall not exceed the maximum number of structures which could be constructed if the district were zoned C-Commercial.
(f) Development Plan Review and Approval. In addition to the requirements of Section 1140.06 regarding site plan review, the developer shall submit the following:
(1) A Preliminary Development Plan, in general conformance with the standards specified by this Section and Section 1153.09(h)(2)B.;
(2) A Traffic Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(9);
(3) A Utility Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(10); and
(4) A Drainage Impact Evaluation, in general conformance with the standards specified by Section 1153.09(h)(11).
(g) Preliminary Development Plan Approval. The Preliminary Development Plan and the various studies required by paragraph (f) above, shall be reviewed by the Planning Commission, in consultation with the Village Engineer and the Village Solicitor, in such manner as the Planning Commission deems fit and appropriate. If the Planning Commission approves the Preliminary Development Plan, it shall forward its recommendation to Council for further action.
(h) Council Action. Within 60 days of the date upon which the Planning Commission recommends approval of a Preliminary Development Plan, the Council shall consider whether the Planning Commission recommendation should be approved, conditionally approved, or disapproved. Within five days after the Council action, the Fiscal Officer shall notify the developer of such action.
(i) Rezoning to C-PUD District. If the Council approves the Preliminary Development Plan, the developer may then apply to rezone the area to the C-PUD District, as provided by Chapter 1137.
(j) Final Development Plan. If rezoning of the area is approved, within 90 days of the date the rezoning becomes effective, unless, for good cause shown, such time period is extended by the Planning Commission, the developer shall submit a Final Development Plan by filing six copies thereof within the Zoning Inspector. The Final Development Plan shall be in general conformance with the standards specified by Section 1153.09
(h)H. In no event shall the Planning Commission permit an extension of time for submission of the Final Development Plan beyond one year from the date upon which Council approves the rezoning of the development area.
(k) Action on Final Plan. Within 60 days after the submission of the Final Development Plan, the Planning Commission shall determine whether the Final Development Plan is substantially identical to the Preliminary Development Plan previously approved by Council.
(1) If the Final Development Plan is substantially identical to the previously- approved Preliminary Development Plan, then the Planning Commission shall approve the Final Development Plan. Within five days after the such action, the Fiscal Officer shall notify the developer of said approval.
(2) If the Final Development Plan is not substantially identical to the previously-approved Preliminary Development Plan, then the Planning Commission shall consider the changes to the Preliminary Development Plan and shall recommend that Council approve the Final Development Plan, conditionally approve the Final Development Plan, or disapprove the Final Development Plan.
(l) Action by Council. The recommendation of the Planning Commission regarding any Final Development Plan that is not substantially identical to the approved Preliminary Development Plan shall be submitted to Council at its next regular meeting. Within thirty days thereafter, unless such time period is extended by Council for good cause, Council shall approve, conditionally approve or disapprove the Final Development Plan. Within five days after the Council action, the Fiscal Officer shall notify the developer of such action.
(m) Amendments to Development Plan. At any time after approval of the Final Development Plan, the developer may request an amendment of said plan from the Planning Commission. If the amendment is in substantial conformity to the approved Final Development Plan, the Planning Commission may, in its discretion, approve the amendment. In the event the Planning Commission determines that the proposed amendment represents a substantial departure from the intent of the previously approved Development Plan, the applicant shall submit a new application and follow the same procedure as required for the original approval.
(n) Commencement of Development. The developer shall commence development of the Final Development Plan within one year of Council’s approval thereof. Council may, in its discretion and for good cause shown, extend the deadlines provided by this section.
(o) Failure to Proceed with Development. Failure by the developer to submit the Final Development Plan or to commence development within the time periods allowed herein shall result in automatic revocation of Council’s approval of the Preliminary Development Plan and, if applicable, the Final Development Plan void and of no effect, and no development shall occur thereafter unless and until a new application is submitted and the procedures required by this Section are thereafter followed. In the event that the Development Plan(s) are voided as provided herein, the Planning Commission shall evaluate the propriety of allowing the development area to remain zoned in the C-PUD zoning district.
(p) Enforcement of Development Plan. The Zoning Inspector shall periodically review all zoning permits issued for the Commercial Planned Unit Development and all construction that takes place within the development area. If the Zoning Inspector finds that the construction is not in substantial conformity with the approved Final Development Plan, the Zoning Inspector is empowered to take any and all appropriate action, including revocation of the zoning permit.
(Ord. 01-139. Passed 11-15-01.)
(Ord. 01-139. Passed 11-15-01.)