§ 1. General provisions.
A.
Purpose of the planned unit development zoning district. The purpose of the planned unit development is to encourage the creation of a new and more desirable kind of man-made environment. Under the PUD, the developer of ten (10) or more acres of land in Cass County is offered an opportunity to stretch for the best possible arrangement and interrelationships of streets, land uses and buildings on the land through planning, designing, and layout process. The more traditional design limits imposed by zoning districts use and bulk requirements of the land subdivision regulations are removed for the PUD developer. He is thus given free hand to work towards the achievement of goals and objectives of the county comprehensive plan and to develop layouts that will result in a wider range of settings for a contemporary way of life.
B.
Objectives. The owner/developer of a planned unit development must represent in his petition for this zoning district classification that his objectives are to:
1.
Develop the lands so that building structures, service facilities and open space are more functionally and more creatively arranged than would otherwise be possible under the strict provisions of the bulk and other zoning requirements or other applicable ordinances governing the development of land in Beardstown and vicinity.
2.
Provide common open green areas to attain an attractive functional setting for structures. Said spaces shall be arranged so they can be maintained by efficient and experienced management.
3.
Arrange land uses so that they efficiently and functionally, serve the entities they were originally planned to serve.
4.
Create a safer and more pleasing environment for pedestrian movement, vehicular movement and to provide adequate light and air, and protection of the occupants from hazards and pollution.
5.
Create a variety of density of population per acre.
C.
Procedure. In lieu of standard zoning and subdivision regulations of the City of Beardstown, a planned procedure is required to obtain a PUD zoning classification. When such a zoning district classification has been granted, the PUD plan as approved by the council of the City of Beardstown will be the document that will control use of land and buildings, the bulk requirements for structures, signs and any exceptions to the zoning and subdivision regulations allowed herein and as shown on or in the plan.
In order for the planned unit development district classifications to be granted to an owner/developer by the city council, the following procedure and process shall be followed: The owner/developer shall begin by petitioning the city council for a PUD zoning district classification. He shall file his petition with the city clerk. The city clerk shall in turn refer the petitioner to the city council, the council shall take recognizance of the petition and refer the petition to the planning commission for processing as called for in stages 1 and 2 below. When the owner/developer has completed the procedures and prepared the materials called for prior to the public hearing of stage 2 and submitted the same to the planning commission, the commission shall then hold a public hearing on the proposed PUD development. This hearing shall be held in accord with the standard hearing requirements for zoning district amendments. Following the hearing, the planning commission shall refer its recommendation to the city council as called for in stage 2. The city council shall study the plan and affirm or disaffirm the recommendations of the planning commission or may approve the preliminary plan provided certain changes, additions or deletions are made. This approval of the city council shall be certified in writing on the plan and placed in the official records of the City of Beardstown and shall be the instrument used to grant or deny a PUD zoning district classification to an owner/developer. The owner/developer then must complete stage 3 so that he may secure final approval of the planning commission and city council so that said planned unit development may be recorded with the recorder of deeds as is required. After the PUD zoning district classification is approved by the city council at the end of stage 2 and if the owner/developer elects not to proceed with stage 3 and implementation of the planned unit development, he may not use the land for any development purpose until said final plan is submitted and approved or he has petitioned the City of Beardstown or another zoning classification in the same manner as called for amendments to the Beardstown Zoning Ordinance.
D.
Permitted uses. Uses permitted in the planned unit development district may include all uses allowed and listed in the City of Beardstown Zoning Ordinance R-1, R-2, C-1, C-2 districts and the conditional uses allowed in the R-1, R-2, C-1, C-2 districts, except if the PUD is in excess of one hundred fifty (150) acres it may include all uses in the Beardstown Zoning Ordinance except 1-2 [M-2].
E.
Mix of uses. All uses permitted in the planned unit development district may be mixed; however, the mix must be justified by statements that relate need of the PUD area population to the function the proposed use it is to serve.
F.
Minimum size of planned unit development. The planned unit development must be at least ten (10) acres in area and of reasonable dimensions so that a practical urban development may take place.
G.
Variance. Any provisions or requirements of this ordinance may be varied by the planning commission and the city council of the City of Beardstown by including the owner/developer petition for a PUD, the specific portion of the PUD ordinance sought to be varied. The planning commission shall make whatever recommendation it seems in the best interest of the City of Beardstown in respect to such requested variations and the City of Beardstown in respect to such requested variations and the city council shall either approve or reject such recommendations as a part of the planned unit development zoning classification. It shall not be necessary for the owner/developer to file a separate zoning petition in order to obtain the desired variance.
H.
Maximum density. In no event shall the aggregate residential densities within a PUD area exceed thirty-five (35) persons per gross acre of the entire development. Computation of the density may include lands of the owner/developer to be given or sold for public schools or for public parks and open space. To calculate the persons per gross acre for compliance with this density requirement, the following schedule of persons per unit in single-family dwellings, duplex and multiple-family dwellings shall be used to arrive at the density of persons per gross acre:
No. of bedrooms per dwelling unit
in duplex and multiple-family dwellingsNo. of persons
per unit0 1.0 1 1.5 2 2.4 3 3.0 4 3.5 For single-family dwellings 3.5