Planned unit developments are a distinct category of special use permit intended to allow flexibility in the application of the standards of this title for significant development proposals that provide amenities to the community beyond those required of conventional development applications. The planned unit development process seeks to achieve the following specific purposes:

   A.   Protect and promote the health, safety, comfort, convenience, and general welfare of the public.

   B.   Encourage creativity, flexibility, sustainability, and environmental sensitivity in the development of land and the design of structures.

   C.   Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

   D.   Facilitate development that is consistent with Village land use policies, particularly in areas designated for potential redevelopment.

   E.   Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

   F.   Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site. (Ord. 67-2018, 12-18-2018)

   A.   Special Use Permit Standards: A planned unit development shall be granted in accordance with the procedures, standards, and requirements of this chapter, chapter 7, "Uses", and section 10-3-3, "Special Use Permit", of this title. The ordinance granting or amending the planned unit development as a special use may depart from the standards and requirements of this title.

   B.   Zoning District Exceptions: Planned unit developments are subject to the regulations of the zoning district in which they are located, unless exceptions from these regulations are approved by the Village Board and found to be in accordance with section 10-4-5, "Standards For Planned Unit Developments", of this chapter.

   C.   Subdivision Plats And Building Permits: A planned unit development must be granted prior to the applicant receiving approval of a subdivision plat in accordance with title 11, chapter 3, "Subdivision Procedures", of this Code or a building permit in accordance with title 9, "Building Regulations", of this Code. (Ord. 67-2018, 12-18-2018)

An application for a planned unit development shall follow a four-step procedure, which includes a staff consultation, an optional concept plan consultation, a preliminary plan, and a final plan. The applicant may submit concurrent applications for the preliminary plan and final plan, in which case the preliminary plan and the final plan shall be comprised of the same document in accordance with subsection D, "Final Plan", of this section.

   A.   Staff Consultation: The purpose of the staff consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparation of the optional concept plan or preliminary plan.

      1.   Action By The Zoning Administrator:

         a.   Prior to filing a formal application for a planned unit development, the applicant shall arrange a staff consultation with the Zoning Administrator to discuss the proposed planned unit development.

         b.   The Zoning Administrator and appropriate Village staff shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

         c.   The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this title and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the Village.

         d.   Any advice and assistance provided by the Zoning Administrator and Village staff shall not be binding upon the Community Development Commission or Village Board with respect to the formal planned unit development application.

   B.   Optional Concept Plan Consultation: The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from the Community Development Commission and Village Board prior to preparation of the preliminary plan.

      1.   Action By The Community Development Commission:

         a.   Prior to filing a formal application for a planned unit development, the applicant may arrange an optional concept plan consultation with the Community Development Commission to discuss the proposed planned unit development.

         b.   The Community Development Commission shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

         c.   The Community Development Commission shall provide information and guidance to the applicant after determining the nature of the exceptions required from this title and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the Village.

         d.   Any information and guidance provided by the Community Development Commission shall be considered advisory and shall not be binding upon the Community Development Commission or Village Board with respect to any formal planned unit development application.

      2.   Action By The Village Board:

         a.   Following a meeting with the Community Development Commission to discuss a proposed planned unit development, the applicant may also arrange an optional concept plan consultation with the Village Board to discuss the proposed planned unit development.

         b.   The Village Board shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

         c.   The Village Board shall provide information and guidance to the applicant after determining the nature of the exceptions required from this title and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the Village.

         d.   Any information and guidance provided by the Village Board shall be considered advisory and shall not be binding upon the Village Board or Community Development Commission with respect to any formal planned unit development application.

   C.   Preliminary Plan: The purpose of the preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Community Development Commission and preliminary approval from the Village Board prior to preparation of the final plan.

      1.   Action By The Zoning Administrator:

         a.   Applications for a preliminary plan for a planned unit development and a special use permit shall be filed concurrently with the Zoning Administrator in accordance with section 10-2-5, "Application Procedure", of this title and the requirements for a planned unit development application. Applications shall not be filed prior to completion of the staff consultation.

         b.   Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Community Development Commission based upon the standards of section 10-4-5, "Standards For Planned Unit Developments", of this chapter and subsection 10-3-3E, "Standards For Special Use Permits", of this title, and schedule the application for consideration by the Community Development Commission.

      2.   Action By The Planning Commission:

         a.   The Community Development Commission shall conduct a public hearing on a proposed preliminary plan for a planned unit development and a special use permit in accordance with section 10-2-7, "Public Hearing", of this title within sixty (60) days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with section 10-2-6, "Notice", of this title.

         b.   The Community Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of section 10-4-5, "Standards For Planned Unit Developments", of this chapter and subsection 10-3-3E, "Standards For Special Use Permits", of this title.

         c.   The Community Development Commission shall recommend approval, approval with conditions, or denial of the application.

            (1)   In recommending approval of a preliminary plan for a planned unit development and a special use permit, the Community Development Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and a special use permit as deemed necessary to protect the public interest.

            (2)   In recommending approval of a preliminary plan for a planned unit development and a special use permit, the Community Development Commission may recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         d.   The Community Development Commission shall forward its recommendation to the Village Board within thirty (30) days after the close of the public hearing.

      3.   Action By The Village Board:

         a.   The Village Board shall consider the application within sixty (60) days after receiving the recommendation of the Community Development Commission. The 60-day period may be extended with the written consent of the applicant.

         b.   The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Community Development Commission, the evidence presented at the public hearing, and the standards of section 10-4-5, "Standards For Planned Unit Developments", of this chapter and subsection 10-3-3E, "Standards For Special Use Permits", of this title.

         c.   The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Community Development Commission for further consideration. In approving a preliminary plan for a planned unit development and a special use permit, the Village Board may:

            (1)   Identify conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and the special use as deemed necessary to protect the public interest, to be imposed at such time as final plan approval of the planned unit development is granted.

            (2)   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.

         d.   Following approval of a preliminary plan for a planned unit development and a special use permit the applicant shall be entitled to submit a final plan for the planned unit development.

   D.   Final Plan: The purpose of the final plan is to allow the applicant to obtain a final recommendation from the Community Development Commission and final approval of the planned unit development from the Village Board.

      1.   Action By The Zoning Administrator:

         a.   Applications for a final plan for a planned unit development shall be filed with the Zoning Administrator in accordance with section 10-2-5, "Application Procedure", of this title and the requirements for a planned unit development application. Applications shall be filed within one year after approval of the preliminary plan.

         b.   Upon determining that the application is complete, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the Village Board.

         c.   If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the Community Development Commission and schedule the application for consideration by the Community Development Commission.

         d.   If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this section.

      2.   Action by the Planning Commission:

         a.   The Community Development Commission shall conduct a public meeting on a proposed final plan for a planned unit development within sixty (60) days after receipt of a complete application. The sixty (60)-day period may be extended with the written consent of the applicant.

         b.   The Community Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public meeting, and the standards of § 10-4-5 (Standards for Planned Unit Developments).

         c.   The Community Development Commission shall recommend approval, approval with conditions, or denial of the application.

            (1)   In recommending approval of a final plan for a planned unit development, the Community Development Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development as deemed necessary to protect the public interest.

            (2)   In recommending approval of a final plan for a planned unit development, the Community Development Commission may recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         d.   The Community Development Commission shall forward its recommendation to the Village Board within thirty (30) days after the close of the public meeting.

      3.   Action By The Village Board:

         a.   The Village Board shall consider the application within thirty (30) days after receiving the recommendation of the Community Development Commission. The 30-day period may be extended with the written consent of the applicant.

         b.   The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Community Development Commission, the evidence presented at the public meeting, and the standards of § 10-4-5 (Standards for Planned Unit Developments).

         c.   The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Community Development Commission for further consideration. In approving a final plan for a planned unit development, the Village Board may:

            (1)   Identify conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development as deemed necessary to protect the public interest.

            (2)   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.

         d.   Upon approval of the final plan by the Village Board, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this title.

FIGURE 10-4-3-1
PLANNED UNIT DEVELOPMENT PROCEDURE

(Ord. 67-2018, 12-18-2018; amd. Ord. 5-2021, 3-23-2021)

A final plan for an approved planned unit development may be amended in accordance with the requirements of this section.

   A.   Major Amendments: Any change to an approved final plan that substantially affects the essential design, composition, and character of the planned unit development shall be considered a major amendment. Any amendment that is not established as a minor amendment in subsection B, "Minor Amendments", of this section shall be considered a major amendment. The Village Board shall make a decision on a request for a major amendment after receiving a recommendation from the Community Development Commission in accordance with subsection 10-4-3C, "Preliminary Plan", of this chapter.

   B.   Minor Amendments: Any change to an approved final plan that minimally affects the essential design, composition, and character of the planned unit development shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with subsection 10-4-3C, "Preliminary Plan", of this chapter. The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with subsection A, "Major Amendments", of this section. Minor amendments shall include the following:

      1.   Any change in the proportion of land uses in the development by less than ten (10) percentage points.

      2.   Any change in the gross floor area of the development by less than five percent (5%).

      3.   Any change in the building height of the development by less than five percent (5%).

      4.   Any change in the proportion of the impervious coverage of the development by less than five (5) percentage points.

      5.   Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet (5').

      6.   Any change in the number of off-street parking spaces provided within the development by less than ten percent (10%). (Ord. 67-2018, 12-18-2018)

The Village Board, Community Development Commission, and Zoning Administrator shall evaluate applications for planned unit developments with specific written findings based on a balance of both the standards of this section and the standards for special use permits in accordance with subsection 10-3-3E, "Standards For Special Use Permits", of this title.

   A.   The proposed planned unit development fulfills the objectives of the Comprehensive Plan, and other land use policies of the Village, through an innovative and creative approach to the development of land.

   B.   The proposed planned unit development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.

   C.   The proposed planned unit development will provide landscaping and screening that enhances the Village's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.

   D.   The proposed planned unit development will incorporate sustainable and low impact site design and development principles.

   E.   The proposed planned unit development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation.

   F.   The proposed planned unit development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention. (Ord. 67-2018, 12-18-2018)

Planned unit developments may be granted specific exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the Village that are not required from conventional development applications. The amenities to be considered by the Village Board, Community Development Commission, and Zoning Administrator shall be appropriate for the scale of the planned unit development and may include, but are not limited to, the following:

   A.   Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.

   B.   Establishment of open space amenities, such as playing fields, playgrounds, swimming pools, and fitness facilities.

   C.   Enhancement of the community's natural environment, including existing natural features, water courses, trees, and native vegetation.

   D.   Preservation and enhancement of the community's cultural resources and historic places.

   E.   Provision of public infrastructure improvements that exceed the requirements of the planned unit development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.

   F.   Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.

   G.   Provision of residential dwelling units for affordable housing or senior housing.

   H.   Provision of residential dwelling units with accessible features that exceed the requirements of the Americans With Disabilities Act. (Ord. 67-2018, 12-18-2018)

   A.   Preliminary Plan Expiration: Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been approved within one year after approval of the preliminary plan by the Village Board. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least thirty (30) days prior to the expiration of the period. The Zoning Administrator shall decide whether to grant or deny the applicant's request within fifteen (15) days of receipt of the applicant's written request.

   B.   Final Plan Expiration: Final plan approval shall expire and be revoked if a building permit has not been approved within one year after approval of the final plan by the Village Board. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least thirty (30) days prior to the expiration of the period. The Zoning Administrator shall decide whether to grant or deny the applicant's request within fifteen (15) days of receipt of the applicant's written request. (Ord. 67-2018, 12-18-2018)