(a) Planned Unit Development Regulations Generally. This section shall apply to the location and maintenance of Planned Unit Developments as herein defined.
(b) Statement of Purpose. The purpose of this section is to promote the public health, safety and welfare by providing for the regulation of Planned Unit Developments. It is the intent of these regulations to provide maximum opportunity for orderly developments which will benefit the community as a whole by offering a greater choice of living environments, a complementary blending of land uses, to include community facilities and open space, and a more unified approach with respect to the mixture of uses and their adaptation to topographical and geological features, recreational opportunities and transportation needs.
(c) Planned Unit Development Defined. "Planned Unit Development" or "PUD" shall mean a development which may integrate residential, commercial and industrial facilities in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains additional requirements such as building design principles and landscaping plans.
(d) Conflict With Other Laws. Whenever the requirements of this section appear to be in conflict with other sections of this Zoning Code or with those of other existing ordinances, the provisions of this section shall prevail.
(e) District Designation. Subsequent to the approval of the Vermilion City Council as hereinafter set forth, the designation “Planned Unit Development District” may be applied to any residential, commercial or industrial developments. Upon approval of the zoning development plan, the Official Zoning Map shall be so amended. The designation shall only apply to property at the election of the property owner.
(f) Permitted Uses. Residential, commercial, manufacturing public and quasi-public uses may be separate or combined in PUD Districts, provided that the proposed uses will not adversely impact upon adjacent property or the public health, safety and general welfare and that the location of uses in the PUD is specified in the final development plan. The PUD may be comprised of one use or a combination of uses, as indicated above. There is no minimum area required for a PUD.
The amount of land devoted to a commercial and/or manufacturing use in a residential-commercial-manufacturing or residential-commercial development shall be determined by the Commission and approved by the Vermilion City Council.
(g) Disposition of Open Space. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development, or be dedicated to a property owners' association, who shall have title to the land, which shall be retained as common open space for parks, recreation and related uses. The articles of incorporation creating the organization of the property owners' association are subject to review and approval by the Law Director and shall provide adequate provisions for the perpetual care and maintenance of all common areas. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or similar purpose and has been approved by the Commission. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development.
The Vermilion Planning Commission shall recommend to Vermilion City Council the amount of five percent of the land included in the PUD to be conveyed to the City for park purposes. In lieu of the conveyance, the Planning Commission may recommend to City Council that the subdivider pay cash. The amount of payment shall be delineated in the subdivider/developer agreement presented to Vermilion City Council.
(h) Utility Requirements. Utilities, including telephone, cable television and electrical systems, are required to be installed underground within the limits of all PUD's. Appurtenances to these systems which can be effectively screened may be exempt from this requirement if the Commission finds that such exemption will not violate the intent or character of the proposed PUD.
(i) Special Lot Requirements. The final density of areas to be included in a PUD approved by the Planning Commission shall not exceed those currently permitted by the existing Planning and Zoning Code of the City of Vermilion of that parcel.
(j) Arrangement of Commercial/Manufacturing Uses. When PUD Districts include commercial and/or industrial uses, buildings shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with streets. Planting screens or fences shall be provided on the perimeter of the commercial and/or manufacturing areas. The plan of the project shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding areas.
All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Commission.
(k) Approval Procedures. Planned Unit Development Districts shall be approved in accordance with the procedure set forth in subsection (m) hereof. The designation of PUD's will be considered a change of zoning and must meet all the applicable provisions of this Zoning Code.
(l) Pre-Application Meeting. The developer shall meet with the Building Inspector and the City Engineer prior to the submission of the conceptual development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this section and the criteria standards contained herein and to familiarize the developer with zoning and other applicable regulations.
(m) Preliminary Development Plan Application Requirements. An application for preliminary PUD approval shall be filed with the Building Inspector by at least one owner of property for which the PUD is proposed. The procedure for approval shall be the same as an amendment to this Zoning Code, as detailed in subsection (t) hereof. The filing of a conceptual development plan under this section shall constitute the election by the property owner to submit the property described in the plan to provisions of this chapter and shall constitute an application for rezoning the property to the PUD District. All plans prepared and submitted must be prepared by a registered engineer, surveyor or architect. At a minimum, the application shall contain the following information filed in triplicate:
(1) Name, address and phone number of the applicant;
(2) Name, address and phone number of the registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;
(3) Legal description of the property;
(4) Present use(s);
(5) Present zoning district;
(6) Identification of any area within a floodplain;
(7) A vicinity map at a scale approved by the City Engineer showing the property lines, streets, existing and proposed zoning and such other items as the City Engineer may require;
(8) A conceptual development plan submitted to the City with one drawing being a minimum size of 24" x 36" and the overall plans should be scaled at a maximum of one inch equals 100 feet showing the general location and type of residential, commercial and industrial land uses, the layout and dimensions and names of existing and proposed streets, rights-of-way, utility easements, parks and community spaces; the layout and dimensions of lots and building setback lines, general location of buildings, and such other characteristics as the Commission may deem necessary;
(9) Proposed schedule for the development of the site;
(10) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years;
(11) A fee as established by ordinance passed by the Vermilion City Council;
(12) A list containing the names and mailing addresses of all owners of property within 300 feet of the property in question; and
(13) Verification by at least one owner of the property that all information in the application is true and correct to the best of his or her knowledge. The application for a conceptual PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his or her opinion, the PUD would be in the public interest and would be consistent with the stated intent of these PUD requirements.
The application for a preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his or her opinion, the PUD would be in the public interest and would be consistent with the stated intent of these PUD requirements.
(n) Criteria for Commission Recommendation. Before making its recommendation, the Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(1) The proposed development can be initiated within two years of the date of approval.
(2) The streets proposed are suitable and adequate to carry anticipated traffic and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD.
(3) Any proposed commercial or industrial development can be justified at the location proposed.
(4) Any exception from standard district requirements is warranted by design and other amenities incorporated in the development plan, in accordance with these PUD requirements and the need to provide a variety of housing opportunities with regard to type and price.
(5) The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(6) Proposed design shall consider the removal of minimal natural coverage and in all cases reflect conservatory measures relating to open space.
(7) The PUD will not be hazardous or disturbing to existing or future neighboring uses.
(8) The PUD will be a substantial improvement to property in the immediate vicinity and to the community as a whole.
(9) The PUD will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal or schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(10) The PUD will not involve uses, activities, processes, materials, equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Planning Commission may require studies, such as a traffic study, to be provided to ensure the concerns noted above can be addressed.
(11) The PUD will encourage development as close as possible to existing settlements to keep the cost of providing service down.
(12) The PUD will provide adequate access for emergency vehicles and for those persons providing emergency services.
(13) The PUD will provide adequate security lighting for pedestrian circulation paths, vehicular use areas and exterior portions of buildings.
(14) The design of the PUD will encourage the use of the existing road system presently maintained by the authority having jurisdiction to minimize the additional maintenance expense of new development and to ensure that new development is adequately served by the transportation network.
(15) The PUD will be consistent with the intent and purposes of this section.
(o) Development Policies.
(1) Density.
A. The maximum density for a proposed residential development shall be based on site specific review and on the compatibility with adjacent uses.
B. Where increased densities are located adjacent to existing buildings, the building setback must be increased to minimize any adverse impact of the proposed development.
(2) Height criteria.
A. Architectural compatibility. The heights of all buildings must be compatible with their vicinity.
B. General character. The heights of the buildings should be in general compliance with district regulations for a similar type of land use.
C. Scenic values. Buildings should be of such heights so as not to destroy or degrade the scenic values of the surrounding area.
D. Light and air. Buildings shall not be of such heights so as to deny light and air to surrounding properties.
(p) Site Design. The City hereby finds that it is in the public interest for all sites within the community to be designed, arranged and developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions, uses and improvements should reflect the natural capabilities and limitations of the adjacent property. The various structures, use areas, functions and elements of the site should be integrated by design into a unified whole, except in those cases where separation is appropriate to a particular interrelationship. Taking into consideration the basic character of the site and the nature of the proposed uses, the development should be visually harmonious as perceived from both within and without.
(1) Integration and separation. It is encouraged that those elements and functions of a site that are basically compatible with one another be integrated by design to the degree of their compatibility and separated to the degree of their incompatibility.
(2) Privacy. It is encouraged that all sites be arranged so as to provide privacy for the occupants of both the site and surrounding areas.
(3) Aesthetics. It is recommended that the site be developed in such a way so as to be visually harmonious when viewed either internally or externally.
(4) Vistas. It is encouraged that the site be developed in such a way so as to preserve or enhance vistas, particularly those seen from public places.
(q) Placement of Structures.
(1) Clear vision area. No structure or foliage shall extend into a clear vision area between the height of three feet and seven feet measured from the top of the curb, or where no curb exists, from the established street center line grade. The clear vision areas shall be as follows:
A. Intersection or driveways and public rights-of-way. A triangle having two sides ten feet long and running along the driveway and public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.
B. Intersection of two public rights-of-way. A triangle having two sides thirty feet long and running along each public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two sides.
(2) Placement of Structures.
A. Adverse effects. No structure shall be placed in such a way so as to adversely affect adjacent ownerships. Adverse effects shall include, but not be limited to, the removal of lateral support, the creation of hazard, nuisance, danger or inconvenience, unreasonable loss of light and air, or loss of privacy.
B. Snow storage areas. Buildings shall be placed in such a manner as to allow access to public rights-of-way. Snow storage easements shall be dedicated where appropriate.
(s) Submission of Zoning Development Plan. After approval of the conceptual development plan in accordance with the provisions of this chapter, the developer shall submit a zoning development plan to the Building Inspector. The zoning development plan shall be in general conformance with the conceptual development plan. Eight copies of the zoning development plan shall be submitted to the Building Inspector. Two copies shall be forwarded to the City Engineer for his or her review and comments. Copies will be forwarded from the City Engineer to the applicable agencies for comments.
(t) Zoning Development Plan Application Contents. An application for approval of the zoning development plan shall be filed with the Building Inspector by at least one owner of property for which the PUD is proposed. Each application shall be signed by the owner, attesting the truth and exactness of all information supplied on the application for the zoning development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two years from the date of issuance of the approval. At a minimum, the application shall contain the following information:
(1) A survey of the proposed development site, showing the dimensions and bearing of the property lines, area in acres, topography, and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses.
(2) All the information required on the conceptual development plan; the location and sizes of lots, and the location and proposed density of dwelling units; nonresidential building intensity; and land uses considered suitable for adjacent properties.
(3) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streets capes; a tabulation of the number of acres in the proposed project for various uses; the number of housing units proposed by type; estimated non-residential population; anticipated construction timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvement, whenever the applicant proposes any exception from standard zoning district requirements or other resolutions governing development.
(4) A signed declaration from the applicant and registered project engineer acknowledging receipt of the City of Vermilion codified ordinances and standards regarding the construction of necessary water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvements; and the nature and extent of earth work required for site preparation and development. The aforementioned declaration must include a statement of certification that all future improvements and utility plans will be designed and constructed according to the City standards and approved by the City Engineer.
(5) Site plans, showing building(s), various functional use areas, circulation and their relationship.
(6) Landscaping plans.
(7) Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.
(8) A filing fee as hereby established by this section of two hundred fifty dollars ($250.00). Other fees are regulated under Section 1242.07.
(u) Action by Vermilion City Council. The Vermilion City Council shall either approve, approve with supplementary conditions, or disapprove the zoning plan as submitted and recommended by the Vermilion Planning Commission. If the application is approved as submitted or approved with conditions, the Vermilion City Council shall direct the Building Inspector to issue zoning permits in accordance with the approved plan and any conditions thereto attached. The zoning development plan shall further be considered as an integral part of the rezoning amendment and, except as provided in paragraph (x)(2) hereof, no change from or substantive alteration in such PUD shall be permitted without repetition of the procedures in these sections.
(v) Supplementary Conditions and Safeguards. In approving any PUD application, the Vermilion City Council may prescribe appropriate conditions and safeguards in conformity with this section. Any violation of such conditions or safeguards, which have been made part of the terms under which the final development plan has been approved, shall constitute a violation of this section and be punishable as such.
(w) After approval of the zoning development plan for a PUD District, no person, firm or corporation proposing to lay out or have laid out, within the territorial jurisdiction of these Regulations, a Planned Unit Development, shall proceed with any construction work on the proposed subdivision, including grading, before obtaining from the Commission the approval of the preliminary plan of the proposed subdivision, as required by Chapter 1244 - Procedure of Subdivision Approval Generally of the Codified Ordinances of Vermilion. The applicant is permitted but not required to make application under Chapter 1244 of the Codified Ordinances of Vermilion concurrently with submission of conceptual development plan but any approval of such submission is also contingent upon final approval of the PUD zoning development plan and zoning change of the Vermilion City Council.
(x) Expiration and Extension of Approval Period. The approval of a zoning development plan for a PUD District shall be for a period not to exceed two years to allow for preparation and recording of the required subdivision plat and development of the project. An extension of the time limit or modification of the approved zoning development plan may be approved if the Vermilion City Council finds that such extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the approved final zoning development plan shall in any way affect the terms under which approval of the PUD was granted.
(y) Changes in the Planned Unit Development. A PUD shall be developed only according to the approved and recorded zoning plan and all supporting data. The recorded zoning plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns, and shall limit and control the uses of premises (including the internal use of buildings and structures) and the location of structures in the PUD, as set forth therein.
(1) Major changes. Changes which alter the concept or intent of the PUD, including increases in the density, changes in the location and types of nonresidential land uses, increases in the height of buildings, reductions of proposed open space, more than a zero percent modification in proportion of housing types, changes in road standards or alignment, utilities, water, electricity and drainage, or changes in the final governing agreements, provisions or covenants, and a fifteen percent decrease in density, may be approved only by submission of a new conceptual plan and supporting data and following the conceptual approval steps and subsequent amendment of the zoning PUD plan.
(2) Minor changes. The Building Inspector and the City Engineer may approve changes in the PUD which do not change the concept or intent of the development, without going through the conceptual approval steps, and if approved by the Vermilion Planning Commission.
(Ord. 99-54. Passed 2-22-00; Ord. 2006-13. Passed 4-17-06.)