A. Purpose. The planned residential development is a concept which encourages improved design in the development of land by providing relief from rigid zone requirements which are designed for conventional developments but which may cause undue hardship or complication for desirable but unconventional development.

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

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

2. Diversification in the uses permitted and variation in the relationship of residential 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. Permitted Uses. In a planned development, any uses permitted in the R-1 and R-2 zones of this title may be permitted subject to the criteria established in this section and Chapter 17.04, Purposes. No use shall be permitted except in conformity with a specific and precise final development plan pursuant to the procedural and regulatory provisions hereinafter set forth.

C. Qualifying Requirements for a Planned Development.

1. Community sanitary sewage and potable water facilities connected to publicly owned systems shall be required in any planned residential development.

2. A recent aerial photo of the site and a USGS topographical map, each including an area one-half mile from the boundaries of the site at a reasonable scale, but not less than one inch equals four hundred feet, shall be provided, signed and dated by the applicant.

3. A planned residential development application shall not be eligible for further consideration upon determination of a majority vote of the members of the village board that it is being used to circumvent the intent of other applicable village regulations without regard to the purposes of this section as outlined in subsection A of this section.

4. The proposed planned residential development must be a minimum of fifteen acres.

5. In addition to the requirements of this section, the requirements of the village of Metamora subdivision ordinance shall apply to planned residential developments; where this section conflicts with the subdivision ordinance, this section shall be deemed to control.

6. The total acreage involved in the proposed planned residential development must be under single ownership and control at the time the preliminary development plan is submitted.

D. Standards. For any approved planned development the regulations and standards established in this section may be substituted for the zoning regulations and general regulations set forth elsewhere in this title. Where the planned development section conflicts with any other section, the planned development section shall be deemed to control.

1. All rights-of-way in a planned development shall be dedicated to public use. They shall be constructed in accordance with standards required by the village of Metamora subdivision regulations.

2. The overall density of the planned residential development shall not exceed the density rate permitted in the zoning district in which it is located.

E. Site Design--General. The planned residential development shall be more beneficial to residents or occupants of such developments and neighboring properties than a conventional development because of a thorough application of professional standards of excellence. It should be prepared by professional persons: architects, city planners, engineers, landscape architects and surveyors. The benefits and improved design of the resulting development must justify the intended deviation from the normal requirements of this title. The following suggestions should be given particular consideration when designing a planned residential development:

1. Areas for Recreation and Other Outdoor Benefits and Uses. The open space and the proposed use of such space must be appropriate and proportionate to the scale and character of the planned residential development indicated by its size, density, topography and number of types of dwelling units;

2. The conservation of significant natural resources such as flood plains, wet lands, forests and scenic areas and vistas;

3. Surface drainage and floodwater retention;

4. Maximum separation of vehicular traffic from pedestrian ways and play areas;

5. Adequate Parking. The number of parking spaces shall not be less than required for similar individual uses by the zoning ordinance;

6. A unified design based on harmonious architectural character, compatible materials and an orderly arrangement of structures and open spaces;

7. Sites for schools, recreation areas, streets, public buildings and similar public facilities which are proportionate to the scale and character of the development;

8. The relationship of the development to surrounding uses and property;

9. Setback on the perimeter of the planned residential development great enough to protect the privacy and amenity of adjoining uses both existing and anticipated. In no case shall the setbacks on the perimeter be less than those required in the zone adjacent;

10. Spacing between buildings so that adequate light and ventilation reaches each dwelling unit;

11. The provision of safeguard facilities for the safety of the residents from fire and tornado.

F. Site Planning--External Relationships. Site planning for the planned residential development shall provide protection of the development from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences in the development.

1. Principal vehicular access shall be from collector or major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. In no case shall streets connect in such a way as to encourage use of minor streets for through traffic.

2. Any access for pedestrians and cyclists entering or leaving a planned residential development shall be arranged to provide safe and convenient routes.

3. To protect the safety at intersections for pedestrians, cyclists and automobile drivers, there shall be no impediment to visibility between the heights of two and one-half feet and ten feet within the triangular area formed by the center of the intersection and two points fifty feet distant, each point being on the center line of an intersecting street.

G. Site Planning--Internal Relationships (General). The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular:

1. Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles, but streets shall not be laid out so as to encourage outside traffic to traverse the development on minor streets.

2. Vehicular access to streets from off-street parking and service areas shall be designed to channel traffic from and to such areas in a manner which promotes free traffic flow.

3. Walkways shall form a safe and convenient system for pedestrian use.

4. Yards, courts and other open spaces required herein in relation to structures containing dwelling units are intended to assure adequate privacy, desirable outlook, access to and around buildings, and spaces between buildings.

H. Pre-application Conference. Before submitting an application for a planned residential development, the applicant shall confer with the planning commission to obtain information and guidance before entering into binding commitments or incurring substantial expense.

I. Application Procedures. The application process shall consist of two steps if no zoning change is needed for the planned residential development and three steps if a zoning change is needed.

J. Outline Development Plan. If a zoning change is necessary, the developer shall submit an outline development plan as the first step in obtaining approval of a planned residential development. The following information is required at this stage:

1. A general map of the planned residential development which includes the proposed land uses, natural features of the site, the character and approximate density of the dwellings, the location of streets and the water, sewer and drainage systems;

2. A written statement which contains an explanation of the size and character of the planned residential development, a statement explaining the present ownership of all land within the planned residential development and an expected schedule of construction;

3. A soils analysis prepared pursuant to a recommendation by the Woodford County Soil and Water Conservation District which includes a statement of possible soils limitation for each major soil type involved.

K. Approval of Outline Development Plan. The application and accompanying drawings shall be submitted to the zoning administrator who shall submit them to the planning commission. The planning commission shall then follow the steps for a zoning map amendment as required in Section 17.64.110.

If the zoning map amendment is granted, the developer may proceed within the preliminary development plan.

L. Preliminary Development Plan. When no zoning map change is required, the submission of a preliminary development plan is the first step towards approval of the planned residential development; when a zoning map change is necessary and has been granted, the preliminary development plan is the second step. In either case, the application for approval of the preliminary development plan shall also be considered the application for a special use permit as outlined in Section 17.64.120. Approval of the preliminary development plan shall automatically be considered approval of the special use permit; denial of the preliminary development plan shall automatically be considered denial of the special use permit.

The following items are required on the preliminary development plan:

1. A map showing streets, lots, parcels and sites for all uses included in the planned residential development, including areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, public buildings and similar public and quasi-public uses or common use areas;

2. A plot plan for each building site and common open area, showing the approximate location of all buildings, structures and improvements and indicating the open space around building and structures;

3. Schematic design presentation indicating the architectural character of all proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail;

4. A development schedule indicating: (1) the approximate date when construction of the project can be expected to begin; (2) the stages in which the project will be built and the date when construction of each stage can be expected to begin; (3) the date when the development of each of the stages will be completed; and (4) the area and location of a common open space that will be provided at each stage;

5. Proposed agreement, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned residential development and any of its common open areas or other facilities;

6. A market analysis, feasibility report and statement of proposed financing;

7. If the planning commission finds that the planned residential development creates special problems, the following information may be required:

a. A circulation diagram indicating the proposed movement of vehicles and pedestrians within the development to and from existing thoroughfares,

b. A landscaping and comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area;

M. Approval of Preliminary Development Plan.

1. The application and accompanying drawings shall be submitted to the planning commission. Within ninety days of the date of application, the planning commission shall hold a public hearing and approve, conditionally approve or deny the application and recommend accordingly to the village board.

2. The planning commission, in making its recommendation to the village board, shall include not only conclusions but findings of fact relating to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest including findings of fact on the following:

a. In what respects the proposed plan is or is not consistent with the stated purpose of the planned residential development regulations,

b. The extent to which the proposed plan does or does not conform to the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to, the density, dimension, area, yard and use,

c. The physical design of the proposed planned residential development and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment,

d. The compatibility of the proposed planned residential development with the adjacent properties and neighborhood,

3. Before making any recommendation to the village board, the commission shall give notice to any governmental agency within one and one-half miles of the boundary of any part of the proposed planned residential development.

4. The village board shall then, within thirty days of receiving a recommendation from the planning commission, approve, conditionally approve, or deny the application. If the application is approved, the zoning administrator shall show on the zoning map the planned residential development, subject to final development plan approval. If the application is conditionally approved, the zoning administrator shall not show the planned residential development on the zoning map until the developer submits written modifications to the preliminary development plan. If the application is denied, the case is closed and nothing shall be shown on the zoning map.

N. Final Development Plan. Within one year following the approval of a preliminary development plan, the applicant shall file with the zoning administrator a final development plan, containing in final form the information contained in the preliminary development plan. The final development plan shall include the following:

1. A final land use plan suitable for recording with the recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots, as well as the division of other lands not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general;

2. An accurate legal description of the entire area within the planned residential development;

3. If subdivided lands are included in the planned residential development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat;

4. An accurate legal description of each separate unsubdivided use area, including common open space;

5. Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed;

6. Certificates, seals and signatures required for the dedication of land and recording the document;

7. Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre;

8. Landscaping plan;

9. Utilities and drainage plans;

10. Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned residential development and any of its common open areas or other facilities;

11. Final development and construction schedule.

O. Approval of Final Development Plan.

1. The planning commission shall review within ninety days of the date of application the final development plan and shall recommend approval if it is in substantial compliance with the preliminary development plan. The planning commission shall certify to the village board that the final development is in conformity with the previously filed preliminary development plan.

The village board shall approve the final development plan if it is in conformity with the preliminary development plan, the provisions of subsection N of this section, and the subdivision regulations of the village, and pass an ordinance approving it.

2. If the planning commission finds that the final development plan does not substantially conform to the preliminary development plan it shall then give public notice of a hearing. In addition to the usual public notice, the commission shall give notice to any person who has indicated in writing that he or she wishes to be notified. After the hearing, the commission shall submit to the village board its recommendations, together with findings of fact indicating in what respect the final development plan is inconsistent with the preliminary development plan and the justification, if any, for such deviations. The village board shall then approve, approve with modifications or disapprove the final development plan.

3. Upon approval of the final development plan by the village board, the village clerk shall record a copy of the final development plan including the plat with the recorder of deeds, and the zoning administrator shall issue a building permit for the construction of the planned development.

P. Zoning Administration--Permits. The zoning administrator shall issue building permits only for construction in areas covered by the final development plan. However, the zoning administrator shall not issue an occupancy permit for any building unless the open space and public facilities allocated to that stage of the development schedule have been conveyed to the proper authorities.

Q. Enforcement of Development Schedule.

1. If so desired, the developer may develop the planned residential development in stages. While the final development plan must cover the planned residential development in its entirety, the developer may submit a detailed development schedule which constructs the planned residential development in stages. The advantage to this development in stages is that occupancy permits can be issued before the entire planned residential development is developed.

2. The zoning administrator shall periodically review all of the permits issued for the planned residential development, examine all construction that has taken place on the site, and compare actual development with the approved development schedule.

3. If the zoning administrator finds that no construction has begun in the time stated in the development schedule, or that the developer has failed to meet the development schedule, he shall so notify the planning commission. The planning commission shall, within thirty days of notification, recommend to the village board to either extend the limits of the development schedule or revoke the recorded final development plan and special use permit. The village board shall then, within thirty days of the date of any recommendation of the planning commission, make a decision and so notify the developer in writing.

R. Amending Final Plan. No changes may be made to the approved final development plan during the construction of the planned residential development except upon the application to the appropriate agency under the following procedures:

1. Minor changes in the location, siting and height of buildings and structures may be reviewed and authorized by the planning commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the volume of any building or structure by more than ten percent.

2. All other changes in time schedule and in use, and rearrangement of lots, blocks and building tracts, any changes in the provision of common open space and all other changes in the approved final development plan shall be authorized by the village board upon recommendation of the planning commission under the procedure outlined in this title for approval of a special use permit. No amendments may be made in the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved. A self-imposed hardship shall not be a valid reason for change.

3. Any changes approved shall be recorded as amendments to the recorded copy of the final development plan before they have any effect.

S. Post-Completion Regulations.

1. The zoning administrator shall issue a certificate certifying the completion of the planned development upon recommendation of the planning commission. The village clerk shall note the issuance of the certificate on the recorded final development plan.

2. After the certificate of completion has been issued, the uses of land and construction, modification or alterations of any buildings or structures within the planned development will be governed by the approved final development plan rather than by any other provision of this zoning ordinance.

3. After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedure provided below:

a. Any minor extensions, alterations or modifications of existing buildings or structures will be reviewed by the planning commission for conformity with the purpose and intent of the final development plan.

b. A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved.

c. All other changes in the final development plan must be made by the village board under the procedure outlined in this title for approval of a special use permit. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned residential development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the village.

d. No changes in the final development plan which are approved under this section are to be considered as a waiver of the covenants limiting the use of land, buildings, structures and improvements within development plan area, and all rights to enforce these covenants against any changes permitted by this section are expressly reserved. (Zoning ordinance dated 6/3/03 § 12-5.0)