(A) Standards and regulations. A planned unit development may be granted as a conditional use in any zoning district. Because planned unit developments differ substantially from other conditional uses, the additional criteria, standards and procedures identified in this section are applicable to all planned unit developments.
(B) Purpose. The planned unit development regulations are intended to encourage creative and innovative design for development and redevelopment that otherwise may not be attainable under the city's zoning, subdivision and development regulations. The planned unit development regulations promote comprehensive and coordinated development to create an efficient and productive land use pattern. Specifically, the regulations are intended to encourage developments that accomplish the following:
(1) Stimulate creative approaches to residential, commercial and industrial development by encouraging proposals with varied designs and uses that otherwise may not be accommodated under the city's zoning regulations;
(2) Provide more efficient use of land, including the preservation of common open space, the promotion of aesthetic amenities, and the consolidation of public services;
(3) Preserve natural vegetation, topographic and geographic features and environmentally sound practices, including preventing soil erosion and surface flooding;
(4) Unify buildings and structures through consistent architectural styles, building forms, and building relationships; and
(5) Promote the public health, safety, comfort, morals and welfare by emphasizing innovative approaches to delivering services to the public.
(C) Planned unit development standards. Planned unit developments shall comply with the following standards:
(1) Ownership and control. A planned unit development shall be under single ownership or unified control at the time an application for approval of the planned unit development is filed, or the applicant shall provide written evidence of the applicant's ability to obtain unified control of the property if the planned unit development is approved.
(2) Area, lot width, yard, and height/bulk requirements. All buildings, structures and uses of land within the planned unit development shall conform to the area, lot width, yard, height and bulk regulations of the zoning district in which the planned unit development is located, or for those planned unit developments with uses which are not allowed in that zoning district but are explicitly allowed as part of an approved planned unit development, the area, lot width, yard, height and bulk regulations of the zoning district in which they are first permitted.
(3) Compatibility. The uses in a planned unit development must be of a type and location so as to avoid imposing an undue detriment on the surrounding properties.
(4) Need. The planned unit development must be of a character and contain such uses that are clearly needed in the service area of the proposed project.
(5) Design standards. The planned unit development shall comply with the city's design standards and rules, including, without limitation, standards for landscaping, lighting, parking, utilities, flood hazard mitigation, street design and subdivision, as provided in the City Code, as amended, and the Manual of Practice for the Design of Public Improvements in the City of Monticello, as amended.
(6) Open space and landscaping. A planned unit development that is comprised of more than 50% residential uses shall preserve 30% of the planned unit development as landscaped open space. A planned unit development that is comprised of more than 50% non-residential uses shall preserve 20% of the planned unit development as landscaped open space. All landscaped open spaces shall include, but not be limited to, parkway landscaping, landscaping around building foundations, including planter boxes, and landscaping around and in parking lots, including parking lot islands.
(7) Traffic. The planned unit development shall provide adequate ingress and egress to the site, minimize traffic congestion on public streets, and provide all necessary pedestrian safety measures.
(8) Comprehensive Plan. The planned unit development shall comply with the city's Comprehensive Plan, as amended, and advance the following objectives:
(a) Superior architectural design, including buildings that compliment neighboring structures, that are constructed of durable, aesthetically pleasing materials, and build upon the city's historic design:
(b) Superior site design, including plazas, gardens and other pedestrian amenities;
(c) Community amenities (i.e., public amenities); and
(d) Other objectives as determined by the Planning and Zoning Board or City Council.
(D) Deviations from code requirements. A planned unit development may vary from the city's zoning (including use), landscaping and subdivision regulations if it can be shown that:
(1) The requested deviation does not undermine the intent and purpose of the underlying zoning district;
(2) The requested deviation does not impeded or create a detriment to the provision of city services, infrastructure, and services to the public in general;
(3) The requested deviation contributes to a planned unit development that offers superior level of design, amenity, efficiency, or environmental enhancement beyond what is required by the City Code; and
(4) The requested deviation is consistent with the purpose of this section as provided in § 153.081(B).
(E) Procedure. The following procedures and requirements apply to any request for approval of a planned unit development.
(1) Pre-application meeting. Before filing an application for approval of a planned unit development, the applicant shall consult with the Building and Zoning Administrator and present a concept plan of the planned unit development. The concept plan shall comply with § 152.040(B) of the City Code. The Building and Zoning Administrator may provide advisory comments concerning the concept to aid the applicant when preparing the planned unit development application. In addition, the applicant shall be required to participate in a pre-application conference pursuant to § 152.040(A) of the City Code.
(2) Preliminary plat of planned unit development.
(a) Applications for approval of a preliminary plat of planned unit development may be obtained from the Building and Zoning Administrator. The applicant shall submit its completed application to the Building and Zoning Administrator, which shall include all information required by § 153.081(F), the required review fee and the cost to publish notice in a newspaper of general circulation, and all other information requested by the Building and Zoning Administrator.
(b) Upon review of the applicant's materials and verification that the requirements of this section have been satisfied, the Building and Zoning Administrator shall transmit the application to the Planning and Zoning Board for review and a public hearing.
(c) The City Clerk shall cause the notice of public hearing before the Planning and Zoning Board to be published in a newspaper of general circulation in the city at least once before the public hearing.
(d) Written notice of the public hearing shall be given to the persons to whom the current real estate tax bills are sent, as determined by the records of the tax collector, of all lots adjacent to the property lines of the parcel of land for which the planned unit development is proposed. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed and with sufficient postage with return receipt requested.
(e) The notice of public hearing shall contain the place, date, and time of the hearing, the common address or location of the property, the property's legal description, the name and address of the applicant and owner of the property, the purpose of the hearing, and the address of the city office where information may be obtained, and shall be published and mailed not less than 15 days nor more than 30 days before the hearing.
(f) The public hearing shall be conducted by the Planning and Zoning Board, and a record of the proceedings shall be preserved in the manner as the Planning and Zoning Board shall prescribe from time to time.
(g) The Planning and Zoning Board shall submit its recommendations on the proposed preliminary plat of planned unit development to the City Council within 30 days of the close of the public hearing.
(h) After receiving the Planning and Zoning Board’s recommendation, the City Council may, by ordinance, approve, or approve with modifications, the preliminary plat of planned unit development authorizing the planned unit development as a conditional use. If the City Council does not approve a planned unit development, it may deny the planned unit development or refer the planned unit development back to the Planning and Zoning Board for further consideration.
(i) The preliminary plat of planned unit development and supporting documents shall be attached to the ordinance approving the conditional use. Approval of a preliminary plat of planned unit development as a conditional use shall not constitute final approval of the final plat of planned unit development; rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plat and should be used to prepare the final plat of planned unit development.
(3) Final plat of planned unit development.
(a) An applicant may seek approval of a final planned unit development plat for the entire planned unit development or in phases. The final plat or plats of the planned unit development shall conform substantially to the preliminary plat of planned unit development as approved. While the preliminary plat of planned unit development shall generally specify uses of land and locations of buildings, the final plat of planned unit development shall designate with particularity the uses of land and the location of buildings and all other improvements.
(b) Applications for approval of a final plat of planned unit development shall be filed in writing with the Building and Zoning Administrator and shall comply with § 153.081(F). The Building and Zoning Administrator is authorized to recommend approval of a final plat of planned unit development to the City Council without referring the final plat to the Planning and Zoning Board if the Building and Zoning Administrator determines that the final plat is in substantial conformance with the preliminary plat of planned unit development as approved by the City Council. If the Building and Zoning Administrator determines that the final plat is not in substantial conformance to the preliminary plat of planned unit development, the final plat shall be referred to the Planning and Zoning Board for action in accordance with this chapter.
(c) Final plats of planned unit development referred to the Planning and Zoning Board shall be reviewed by the Planning and Zoning Board for differences between the preliminary and final plat and all other relevant matters, and a record of the proceedings shall be preserved in a manner as the Planning and Zoning Board shall prescribe from time to time.
(d) The Planning and Zoning Board shall submit its recommendation on the proposed final plat of planned unit development to the City Council within 30 days of the close of the public hearing.
(e) After receiving the Planning and Zoning Board’s recommendation, the City Council may, by ordinance, approve, or approve with modifications, the proposed final plat of planned unit development authorizing the planned unit development as a conditional use. If the City Council does not approve of a planned unit development, it may deny the planned unit development or refer the planned unit development back to the Planning and Zoning Board for further consideration. The final plat of planned unit development and supporting documents shall be attached to the ordinance approving the conditional use.
(F) Submittal requirements.
(1) Planned unit development plat. Applicants seeking approval of a planned unit development or a change to a planned unit development shall submit a completed application on a form prescribed by the city. In addition, applicants shall submit 18 copies of a scaled drawing of the planned unit development, composed of 1 or more sheets showing the following information:
(a) Title of the proposed planned unit development.
(b) The planned unit development's legal description and total acreage.
(c) Scale, north point, and date of preparation.
(d) Name and address of the owner, applicant, engineer, and land surveyor.
(e) Location of city, county, and township boundary lines at or near the planned unit development.
(f) Location, dimensions, and acreage of proposed land uses in the planned unit development, including, but not limited to, single-family residential, multi-family residential, business areas, industrial areas, open spaces, parks, and school sites.
(g) Location and dimensions of proposed and existing streets, alleys, sidewalks, bike paths, easements, stormwater control areas, buildings, structures and utilities in the planned unit development.
(h) Dimensions of the lots into which the property is proposed to be subdivided. Applicants proposing to subdivide a planned unit development must also prepare and submit a separate subdivision plat in accordance with Chapter 152 of this Code.
(i) Density of the planned unit development for both the entire development and individual land use areas.
(j) Map indicating the location of buildings on adjacent properties, the location and dimensions of streets adjacent to the planned unit development, and the location of alleys, easements and stormwater control areas adjacent to the planned unit development.
(k) Design schedule (i.e., a design table) detailing the following:
1. The proposed use of each building, structure or parcel;
2. The total number of parking spaces on the site;
3. The total footprint and square footage for each nonresidential structure; and
4. If the planned unit development is to be constructed in phases, a designation of what work is included in each phase.
(l) All requirements and certifications identified in § 151.26 of the City Code.
(2) Building elevations. Each applicant shall submit building elevations for all buildings in the planned unit development other than detached single-family homes. Alternately, the building and Zoning Administrator may, at his or her sole discretion, allow applicants to submit building design guidelines for planned unit developments that contain more than 1 building.
(3) Landscape plan. Each applicant shall submit a plan detailing the landscaping proposed for the planned unit development, including landscaping for the landscaped open space.
(4) Engineering plan.
(a) Preliminary engineering plan. Applicants seeking approval of a preliminary plat of planned unit development shall submit a preliminary engineering plan detailing the general design and location of all sanitary sewers, water mains, stormwater control devices, streets and public ways, and flood control measures.
(b) Final engineering plan. Applicants seeking approval of a final plat of planned unit development shall submit engineering plans showing the topography of the planned unit development and the surrounding area, the full design of all sanitary sewers, water mains, stormwater control devices, streets and public ways, and flood control measures. Applicants must also submit a cost estimate for all public improvements prepared by a Illinois-licensed civil engineer.
(5) Supporting information. Each applicant shall submit a written narrative explaining the nature and characteristics of the planned unit development the proposed uses, why the applicant requires the flexibility of the planned unit development designation, how the planned unit development satisfies the deviation standards, how the planned unit development corresponds with the Comprehensive Plan, and how the planned unit development satisfies the criteria for planned unit development approval.
(6) Surety. Applicants seeking approval of a final planned unit development plat shall submit a guarantee of funds in accordance with § 152.065 of this Code before the city issues a permit for any work on the planned unit development.
(7) Covenants. Applicants seeking approval of a final planned unit development plat shall submit all covenants and agreements that will govern the use, maintenance and continued protection of the planned unit development.
(8) Special studies. Applicants for planned unit development approval shall submit all impact studies, parking studies, geological, topographical or soil analysis and any other information or data requested by the city.
(9) Signage. Applicants for planned unit development approval shall submit detailed signage information for all signs proposed for the planned unit development.
(G) Changes to a planned unit development. Planned unit developments shall be constructed in accordance with the approved final plat of planned unit development and all other submittal requirements identified in § 153.081(F). The final plat of planned unit development shall control and limit the use of the planned unit development, including the general internal use of buildings and structures, and the location of buildings and structures. A change to the planned unit development shall be classified as either a (1) major change, (2) minor change, or (3) administrative changes.
(1) Major change to a planned unit development. Major changes to planned unit developments alter the concept or intent of the planned unit development. The city will consider the following factors to determine if a proposal constitutes a major change:
(a) Requests for deviations to the underlying zoning requirements, requests for approval of a conditional use or alteration of conditions applicable to the planned unit development.
(b) A change in the designation of land use identified in the approved plat of planned unit development.
(c) An increase or decrease in the number of buildings.
(d) An increase or decrease of greater than 10% to either the gross floor area, building height, or total number of parking spaces, based on the most recent approved planned unit development plat or any amendments thereto.
(e) An increase or decrease of greater than 10% to the total number of dwelling units in the planned unit development, based on the first preliminary plat of planned unit development approved by the city.
(f) A change in building design that is inconsistent with the approved building elevations or the building design guidelines approved for the planned unit development.
(g) A change that is inconsistent with the city's Comprehensive Plan.
(h) For major changes that alter an approved planned unit development plat, a revised plat of planned unit development and all materials identified in § 153.081(F) shall be submitted with the applicant's application for a major change.
(2) Minor change to a planned unit development. Minor changes to planned unit developments are neither major changes nor administrative changes. Minor changes may be approved by the City Council without Planning and Zoning Board review and recommendation unless the City Council requests that the Planning and Zoning Board review the change and offer a recommendation. The city shall consider the following factors to determine if a proposal constitutes a minor change.
(a) An increase or decrease of not less than 5%, but not greater than 9% (i.e., between 5% and 9%) to the gross floor area, building height, or total number of parking spaces, based on the most recent approved planned unit development plat and any amendments thereto.
(b) An addition of an accessory structure that exceeds 500 square feet in gross floor area or alters the approved circulation, landscaping or building design criteria for the planned unit development.
(3) Administrative change to a planned unit development. Changes to a planned unit development that do not meet the criteria set forth in § 153.081(G)(1) and (2) may be approved by the Building and Zoning Administrator without the approval of the City Council. Administrative changes that are not approved by the Building and Zoning Administrator may be appealed by the applicant or property owner to the City Council as a minor change to the planned unit development.
(H) Procedures for changes to a planned unit development. Applicants seeking approval of a change to a planned unit development shall abide by the following procedures.
(1) Notice generally. Upon application for a major change or a minor change to a planned unit development, written notice of the proposed change shall be provided to the owners of record, as determined by the local tax collector's records, of all lots adjacent to the property lines of the planned unit development.
(a) Notice of a major change. Notice of a major change shall comply with § 153.081(E)(2)(c) through (e).
(b) Notice of a minor change. Notice of a minor change shall be personally delivered or sent by certified or registered mail and shall include the address or location of the subject property, the nature or purpose of the requested minor change, the name and address of the applicant and owner of the planned unit development, and the office address of the City Clerk where full information concerning the application may be obtained. Notice shall be provided between 15 and 30 days before the City Council meeting at which the application may be considered, and the applicant shall submit an affidavit in accordance with § 153.081(E)(2)(d).
(2) Notice of administrative change. Notice of an administrative change shall be provided to the owners of record, as determined by the local tax collector's records, of all lots adjacent to the property lines of the planned unit development. The notice shall inform the owners of the pending administrative change and solicit comments concerning the proposed change. All comments shall be directed to the Building and Zoning Administrator and will be accepted for a period of time beginning on the date of the notice and concluding 15 days thereafter.
(I) Criteria for approval of a planned unit development or changes to a planned unit development. The Planning and Zoning Board shall not recommend approval nor shall the City Council approve a conditional use for a planned unit development or a major or minor change to a planned unit development unless the planned unit development or change complies with all of the following criteria.
(1) The planned unit development's design presents an innovative and creative approach to the development of land and living environments.
(2) The planned unit development meets the planned unit development standards set forth in § 153.081(C).
(3) The planned unit development's design efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.
(4) Open space, outdoor amenities and recreational facilities are provided.
(5) Deviations from the City Code do not undermine the city's ability to deliver services nor compromise the public's health, safety, morals or welfare.
(6) The planned unit development is compatible with the adjacent properties and nearby land uses.
(7) The planned unit development fulfills the objectives of the Comprehensive Plan and the city's planning policies.
(J) Effective period for a planned unit development. Planned unit developments shall be constructed in a timely manner.
(1) Revocation. A planned unit development is subject to revocation under the following circumstances.
(a) Approval of the final plat of planned unit development does not occur within 2 years from the date of approval of the preliminary plat of planned unit development; or
(b) Construction does not commence within 2 years from the date of approval of the final plat of planned unit development.
(2) Revocation procedure. The City Council may initiate revocation if either of the conditions in division (J)(1) are satisfied by providing written notice to the property owner at least 30 days before the City Council's consideration of the revocation. Alternately, the owner of a planned unit development may apply to the city to revoke a planned unit development at any time.
(3) Effect of revocation. Upon revocation of a planned unit development, the city shall file a notice of revocation with the Piatt County Recorder of Deeds and the property formerly classified as a planned unit development, including its uses, shall conform to the City Code.
(Ord. 2013-43, passed 7-22-2013; Am. Ord. 2014-36, passed 9-8-2014)