ZONING ORDINANCE
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Approved by City Council April 4, 2006 and as amended through October 5, 2010

The Plan Commission will review the subdivision ordinance through public hearings. Upon final review of each document, the Plan Commission will make a recommendation to the City Council for final approval regarding the proposed changes.

Please contact City Planner Tami Huftel at 815-433-0161 with any questions regarding Subdivision Ordinance.


Section 12:  PLANNED UNT DEVELOPMENTS

A.        Purpose.

Planned Unit Developments (hereinafter “PUDS”) are intended to encourage the most imaginative and best possible design of building forms and site planning where unitary plans would best adapt to topographic and other natural features of such sites.  Under this procedure well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with complete design flexibility.  PUDS must be environmentally compatible. They shall have a more beneficial effect upon the health, safety and general welfare of the people of the city, and particularly in the immediate surroundings, than would development built in conformity with standard district regulations.  Site of PUDS shall be of sufficient size to accommodate self-contained developments and to create their own character.  PUDS are of such substantially different character from other special uses that additional standards are established herein to guard against their use solely as a means of deviating from standard regulations or intensifying the use land.

In addition to the general purpose of this ordinance, the purpose of this section is to establish standards and procedures for PUDS in order that the following objectives may be obtained:

            1.         Environmental design in the development of land that is better than is possible through the strict application of standard ordinance requirements.

            2.         Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive unified projects.

            3.         Provision for functional, aesthetic and beneficial use of open areas.

            4.         Preservation of natural features of the site.

            5.         Provision for a safe and desirable living environment for residential areas characterized by a unified building and site development program.

            6.         Rational and economic development in relation to public services.

            7.         Creation of a variety of housing types, within compatible neighborhood arrangements, to provide a greater choice of types of environment and living units.

 

B.        Procedure.

1. A PUD may be granted as a conditional use in the zoning district in which it is located.  The procedure for obtaining approval of PUD shall be as follows:

    a. Design Review Committee:

    1. Follow the procedures outlined in the Design Review Committee Ordinance.

2.         Preliminary Plat:

 a.  An application for approval of a preliminary plat of a PUD shall be submitted in writing to the City Clerk for processing.  The City Clerk shall submit the preliminary plat to the City Council which shall refer said plat to the Plan Commission for review and public hearing.

The application shall contain such information as may be required.  Prior to Plan Commission deliberation, all information and data in accordance with Section 12-C-2 shall be submitted.

 b.  The Plan Commission shall hold a public hearing sixty (60) days after it’s receipt of the application.  Notice of the public hearing shall be published at least once before the public hearing in a newspaper of general circulation in the City of Ottawa.

 c.  The applicant shall also give written notice to the person who was assessed for the real estate taxes for the previous year on all property lying within one hundred fifty feet (150’), exclusive of public right of way, of the property lines of the parcel of land for which the PUD is proposed.  The written notices shall be delivered personally or may be sent by certified mail, properly addressed, with sufficient postage affixed thereon.  The applicant shall submit the registered return receipt from the certified mail and a sworn affidavit with a copy of the notice to the City Clerk, showing the names and addresses of the persons to whom the written notice has been provided.  Said affidavit shall be a presumption of the giving of said notices.

 d.  All published notices shall contain the place, nature, purpose, date and time of such hearing; the common address or location of the property in question; the name and address of the application and owner of the property; and the office address of the City Clerk where full information including the legal description may be obtained concerning the application.  All notices shall be published or served not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

 e.  The public hearing shall be conducted by the Plan Commission and a record of such proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.

 f.   The Plan Commission shall make written finding of fact and shall submit the same together with its recommendations to the City Council within one hundred twenty (120) days of the Commission’s receipt of the application.

 g.  After recommendation by the Plan Commission, the City Council may, by ordinance, approve, or approve with modification, the preliminary plat.  The preliminary plat of any proposed PUD which fails to receive the approval of the Plan Commission shall not be approved by the City Council except by a favorable vote of two-thirds (2/3) of all Council members.  If the City Council does not approve the preliminary plat after recommendation by the Plan Commission, it may deny or refer the preliminary plat back to the Plan Commission for further consideration.

 h.  Attached to the ordinance as exhibits shall be the preliminary plat of the PUD and supporting documents as necessary.  Approval of a preliminary plat of the PUD shall not constitute final approval of the final plat of the PUD, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat of the PUD.

 

3.         Final Plat.

 a.  The PUD may be platted in phases.  The final plat or plats of the PUD shall conform substantially to the preliminary plat of the PUD as approved.  The preliminary plat of the PUD shall generally specify uses of land and locations of buildings, whereas the final plat of the PUD shall designate with particularity the uses of land and the location of the buildings.

 b.  An application for approval of the final plat of the PUD shall be submitted in writing to the City Clerk.  The City Clerk shall submit the final plat to the City Council which shall refer said plat to the Plan Commission for review.  The application shall contain such information as may be required.  Prior to Plan Commission deliberation, all information and data required in Section 12-C-3 shall be submitted.  The Plan Commission shall commence the review within sixty (60) days after it’s receipt of the application.

c.   The review shall be conducted by the Plan Commission and a record of such proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.

 d.  The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the City Council within one hundred twenty (120) days after the Commissions’ receipt of the application.

e.   After recommendation by the Plan Commission, the City Council may, by ordinance, grant or grant with modification, the final plat of a PUD authorizing the PUD as a conditional use.  The final plat of any proposed PUD which fails to receive the approval of the Plan Commission shall not be approved by the City Council except by the favorable vote of two-thirds (2/3) of all Council members.  If the City Council does not approve the final plat of a PUD after recommendation by the Plan Commission, it may deny the PUD development or refer the final plat back to the Plan Commission for further consideration.  Attached as exhibits to the ordinance authorizing the PUD as a conditional use shall be the final plat of the PUD and supporting documents as necessary.

C.  Content of PUD Submittals.

For each stage in the PUD review process, the following information and data shall be submitted:

1.         Pre-Application:  The following information and data is required:

 a.        The names and addresses of all owners and developers.

 b.        Data regarding site conditions, zoning classifications, land characteristics, available community facilities and utilities, and other related general information about uses of land within one-half (1/2) mile of the subject parcel of land.

 c.        Sketch showing the proposed location of the uses of land, major streets and other prominent features.

 d.       Property survey and legal description of the subject parcel of land.

 e.        A written statement justifying the need for a PUD.

 

2.         Preliminary Plat:  The following information and data is required:

a.         Drawing.  A drawing of the PUD, at a scale of not less than one hundred feet to one inch (1” = 100’), composed of one or more sheets showing the following information:

    1.        Title by which the proposed PUD is to be referred.
    2.        Legal description of the property and total acreage included.
    3.        Scale, north point, and date of preparation.
    4.        Name and address of the owner, applicant, engineer and land surveyor.
    5.        Location, dimensions and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.
    6.        Location and dimensions of existing streets, alleys, easements, storm water control areas, buildings, structures, public utilities and other prominent features within the PUD.
    7.        Location and dimensions of proposed streets, alleys, easements and storm water control areas.
    8.        Dimensions of the lots into which the property is proposed to be subdivided, if applicable.
    9.        Density of the PUD for both the entire development and individual land use areas.
    10.      Location map showing the location of the PUD within the City or its mile and one-half jurisdiction, including all corporate and township boundaries near the PUD.
    11.      Character of the surrounding area within two hundred feet (200’) of the PUD including existing land uses, subdivision of lands, location and dimensions of streets, alleys, easements and storm water control areas, and location of buildings and structures.
    12.      The zoning classification of the subject property and the surrounding area with two hundred feet (200’).
    13.      Plan for sidewalks or pedestrian access and circulation.
    14.      General internal uses of each building or structure.
    15.      All primary structures shall be a minimum of twenty-five feet (25’) from the perimeter property line.
    16.      Ground elevations on the tract showing one foot (1’) contours for land that slopes less than one-half percent (.5%); two foot (2’) contours for land that slopes more than one-half percent (.5%); spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than one hundred feet (100’) apart in all directions (refer to USGS Datum in compiling data).
    17.      Floodplain lines as delineated by the applicable USGS Flood Quadrangle or other documents adopted by the City as part of the floodplain regulations.

 

b.         Character:  An explanation of the character of the PUD, the reasons why it needs the flexibility of the PUD regulations, how any adopted City plans affect the property, and how is accomplishes the purposes of the PUD regulations.

  c.         Comparison to Traditional Zoning Requirements.  A listing of the building heights, yard areas and building areas of the proposed PUD and a listing of those requirements which would be applicable if the project were developed under conventional zoning district classifications.

d.         Service Facilities.  Information on all service facilities, including trash storage, lighting, and off-street parking facilities.  Off-street parking shall include, at a minimum:

    1.    Residential Development:  One (1) parking space for each one (1) bedroom dwelling unit, one and one-half (1 ½) parking spaces for each two (2) bedroom dwelling unit, two (2) parking spaces for each three (3) bedroom dwelling unit.
    2.    Commercial Development.  One (1) parking space for each three hundred (300) square feet of floor area for retail businesses, one (1) parking space for each six hundred (600) square feet of floor area for wholesale businesses, one (1) parking space for each three thousand (3,000) square feet for warehouse and storage buildings.
    3.    Offices.  One (1) parking space for each two hundred (200) square feet of floor area.
    4.    Industrial and Manufacturing:  One (1) parking space for each employee and company owned vehicle plus one (1) parking space for each three thousand square feet of floor area.
    5.    Each parking space shall be a minimum of nine feet (9’) x eighteen feet (18’), except as otherwise required for handicapped parking.

 

e.         Preliminary Engineering:  Engineering in sufficient detail to convey the general design of the sanitary sewer, water, storm water control, flood control, street improvements, sidewalks and utility easements.

f.          Natural Features Study:  An analysis of the natural features and drainage patterns of the property.

g.         Geological and Soil Analysis:  An examination of the adequacy of the property for development, if applicable.

h.         Impact Studies:  Impact studies and other information and data as the Plan Commission may require for the full and complete consideration of the PUD.

3.         Final Plat:   The following information and data is required:

a.         Drawing:  A drawing of the PUD, suitable for recording with the County Recorder of Deeds, showing the following information:

(1)       Designation with particularity of the uses of the land and the location of buildings and structures.

(2)       Title under which the proposed PUD is to be recorded.

(3)       Legal description of the property and total acreage included.

(4)       Scale, north point and date of preparation.

(5)       Location, dimensions and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.

(6)       Location and dimensions of proposed streets, alleys, easements and storm water control areas.

(7)       Dimensions of the lots into which the property is proposed to be subdivided.

(8)       Plan for sidewalks or pedestrian access and circulation.
           
b.         Population Estimate:  A calculation of population equivalents for residential development.

c.         Comparison to traditional Zoning Requirements:  A listing of the building heights, yard areas and building areas of the proposed PUD and a listing of those requirements which would be applicable if the project were developed under conventional zoning district classifications.

d.         Statement of Intent and Agreement:  A document by the applicant setting forth the nature, kind, character and the extent of all the public improvements to be constructed, the specific park and school donation (if required), applicable fees and charges, agreement on cost sharing of public improvement, and agreement on any other items.

e.         Financing Surety:  Evidence acceptable to the Plan Commission and City Council that financing sufficient to assure completion of the PUD is available to the Developer.

f.          Covenants:  Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the PUD, including provisions that open areas provided in PUDS containing residential structure be preserved over the life of the development for use by the residents or dedicated to the City for public usage.

g.         Final Engineering¨ Complete and detailed engineering drawings which show the design of the sanitary sewer, water, storm water control, flood control, streets including specifications, and service facilities including trash storage, lighting and off-street parking.

h.         Cost Estimate:  Estimates of cost for all public improvements.

i.          Other information and data as the Plan Commission may require for full and complete consideration of the PUD.

D.        Changes to PUD.

A PUD shall be constructed in accordance with the approved final plat of the PUD and all supporting data.  This plat shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structure in the PUD as indicated on the plat.

Changes to the PUD shall be considered to be either major changes or minor changes.

1.  Major Changes:  Major changes are modifications which alter the concept
      or intent of the PUD.  The following are considered major changes:

                  a.    For Nonresidential Components of a PUD:

(1)    Proposed changes to the following components which constitute a greater than ten percent (10%) cumulative increase or decrease, based on the final plat approved by the City for the project:

(a)         Gross floor area of a nonresidential building; or

(b)         Acres of area used for nonresidential purposes; or

(c)         Total gross floor area of all of the nonresidential buildings in the project; or

(d)         Total number of parking spaces for the project.

(e)         Change in location or type of land use;

(f)          Change in type, number or location of a building or buildings;

(g)         Greater than a ten percent (10%) increase in the height of a building;

(h)                  Change in the functional classification of a roadway; or

(i)          Reduction in the acreage of open space.

b.    For Residential Components of a PUD:

    1.        The proposed changes constitute a greater than ten percent (10%) cumulative change in the number of dwelling units in the PUD, based on the final plat approved by the City for the project; or
    2.        The proposed changes constitute a greater than ten percent (10%) cumulative change in the height of any building or structure in the PUD based on the final plat approved by the City for the project; or
    3.        Change in the location, size or types of dwelling units or land uses; or
    4.        Change in the functional classification of a roadway; or
    5.        Reduction in the acreage of open space.

 

A revised preliminary plat of a PUD and supporting data shall be submitted upon a major change. The procedure for approval shall be in accordance with the provisions of Section 12-B-2 of this ordinance.  If a final plat of a PUD has also been approved, it shall also be amended at the time of approval of the revised preliminary plat of a PUD.

2.         Minor Changes:  Minor changes are changes not defined as major changes and which do not alter the character of the PUD as described in the Statement of Intent and Agreement accompanying the final plat.

Nothing in these regulations shall prevent the Zoning Enforcement Officer from recommending to the Council that a minor change be referred to the Plan Commission.

Minor changes may be approved by the City Council without the review and recommendation of the Plan Commission.  This provision, however, shall not prohibit the City Council from requesting the review and recommendation of the Plan Commission.

E.        Findings of Fact.

The Plan Commission shall not recommend nor the City Council grant a PUD unless it shall make findings based upon the evidence present to it in each specific case that:

1.         The PUD meets the requirements and standards of the PUD regulations.

2.         The physical design of the PUD efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.

3.         Open space areas and recreational facilities are provided.

4.         The modifications in design standards from the subdivision regulations and the waivers in bulk regulations from the zoning regulations fulfill the intent of those regulations.

5.         The PUD is compatible with the adjacent properties and the neighborhood.

6.         The PUD fulfills the objectives of any comprehensive plan and the planning policies of the City.

F.         Effective Period of a PUD.

The PUD development shall be constructed in a timely manner.  The PUD shall be subject to revocation under the following conditions:

1.         Final platting does not occur within two (2) years from the date of approval of the preliminary plat of a PUD.

2.         Construction does not commence and proceed within two (2) years from the date of approval of the final planned plat of a PUD.

The City Council may extend those time limits in one year increments.
           
The City Council may initiate or the owner of the parcel of land on which the
PUD is to be constructed may apply for the revocation of the PUD. Said owner shall be notified, in writing, at least thirty (30) days prior to the City Council’s consideration of the revocation.

Upon revocation of the PUD, the parcel of land shall conform to the permitted uses and other regulations of the zoning district of which it is a part unless an amendment or other conditional use is initiated by the City Council or is applied for by the owner of the parcel of land on which the PUD was to be constructed and granted by the City Council in accordance with the provisions of this Ordinance.

G.        Enforcement of Development Schedule.

1.         The Zoning Enforcement Officer shall periodically review all permits issued for the PUD, examine all the construction that has taken place on the PUD site, and compare actual development with the approved development schedule.

            2.         If the Zoning Enforcement Officer shall find that the developers of the
PUD property have failed to meet the approved development schedule, or that the rate of construction of dwelling units is greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, he shall notify the Plan Commission and the City Council in writing.

3.         Within thirty (30) days of such notice, the City Council shall either revoke the conditional use permit, and the land shall revert to its former classification, or, for good cause shown by the landowner, the limits of the development schedule shall be extended for a reasonable time.