A.

One of the principal objectives of this title (hereinafter the "zoning ordinance") is to provide for a compatible arrangement of uses of land and buildings which is consistent with the requirements and welfare of the village. To accomplish this objective, most uses are classified as permitted or special uses in one or more of the districts established by the zoning ordinance. It is recognized, however, that there are certain uses, whether or not designated as permitted or special, which, because of their scope, location or specific characteristics give rise to a need for a more comprehensive consideration of their impact, both with regard to the neighboring land and the village in general. Such uses that fall within the provisions of this section shall only be permitted if authorized as a planned unit development.

B.

The village board, in accordance with the procedures and standards set forth within this chapter of the zoning ordinance may grant planned unit development permits authorizing the establishment of planned unit developments.

C.

Planned unit developments may include uses or combinations of uses currently permitted in the underlying zoning district and those uses which are currently special uses provided for elsewhere in the zoning ordinance. However, an applicant may petition for consideration of a use or combination of uses not specifically allowed in the underlying zoning district, provided that the village board finds that the conditions, procedures and standards of the zoning ordinance are met and, provided further, that such use or combination of uses is clearly shown to be beneficial to the village and surrounding neighborhoods.

D.

It is the purpose of planned unit developments to enable the granting of certain allowances or modifications from the basic provisions of the zoning ordinance to achieve attractive and timely development in furtherance of the village's objectives and proposed land uses as stated in the comprehensive plan.

E.

Through the flexibility of the planned unit development process, the village seeks to achieve the following specific objectives:

1.

Promotion of coordinated area site planning and the creation of a more desirable environment in a manner that would not be possible through strict application of conventional village land use regulations;

2.

Promotion of a creative approach to the use of land and related physical facilities resulting in the highest quality of design and development, including aesthetic amenities;

3.

Promotion of compatibility of design between new and existing uses;

4.

Combination and coordination of the character, form, signage, construction materials, and the relationship of structures to one another;

5.

Preservation and enhancement of desirable site characteristics such as natural topography, landscaping, vegetation, and geologic features;

6.

Preservation and beneficial use of open space, or an appropriate amount of open space over that which would result from the application of conventional zoning regulations;

7.

Encouragement of land use or combination of uses that improve upon the character and property values of the village, and promote the public health, safety, comfort, and general welfare of its residents;

8.

Promotion of long-term planning pursuant to a comprehensive plan, which will allow harmonious and compatible land use or combination of uses with surrounding areas.

(Ord. 07-12 § 2 (part), 2007)

A.

Any development meeting one or more of the following conditions shall be permitted only if approved as a planned unit development in accordance with this chapter:

1.

A development containing multiple buildings; or

2.

A development with a commercial component located within the Old Town area (as defined in the comprehensive plan); or

3.

A multifamily (condominiums or apartments) residential, townhouse, rowhouse, or senior housing development; or

4.

A development with a proposed building area of eight thousand (8,000) square feet or greater; or

5.

A development on a lot with an area of twenty-one thousand seven hundred eighty (21,780) square feet or greater, excluding single-family detached residential uses of two lots or less; or

6.

A mixed-use development; or

7.

A single-family detached residential development of five acres or more in size.

B.

Each planned unit development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a planned unit development upon an already existing planned unit development.

C.

The burden of establishing that a proposed planned unit development permit is necessary and desirable and has met all of the standards of this chapter shall in every case rest with the applicant.

D.

Buildings and uses or combinations of uses within a planned unit development shall be limited solely to those approved as part of the ordinance granting a planned unit development permit; provided, however, that any buildings and uses or combinations of uses in compliance with a development master plan approved as part of the ordinance granting a planned unit development permit may be approved by the village board.

E.

Large-scale residential developments, where permitted, are subject to the conditions in section 16.18.010 of the zoning ordinance, and are not required to apply as a planned unit development.

(Ord. 07-33 § 1, 2007; Ord. 07-12 § 2 (part), 2007)

An application for approval as a planned unit development shall be approved by the village board only if it finds that the applicant has demonstrated that, at a minimum, the proposed use or combination of uses complies with the following standards:

A.

The proposed planned unit development is consistent with the goals and objectives of the comprehensive plan and the zoning ordinance;

B.

The proposed planned unit development is consistent with the village's design and development guidelines;

C.

The establishment, maintenance, or operation of the planned unit development will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare of the residents of the village;

D.

The proposed planned unit development will not diminish the use or enjoyment of other property in the vicinity that is currently being used for uses or combinations of uses which are permitted by the zoning ordinance;

E.

The establishment of the proposed planned unit development will not impede the normal and orderly development and improvement of surrounding properties;

F.

The proposed planned unit development will not diminish property values in the vicinity;

G.

Adequate utilities, road access, drainage, police and fire service and other necessary facilities will be provided to serve the proposed planned unit development;

H.

Adequate ingress and egress to the proposed use or combination of uses will be provided in a manner that minimizes traffic congestion in the public streets;

I.

The proposed use or combination of uses will be consistent and compatible with the character of the surrounding neighborhood and the village;

J.

Development of the proposed planned unit development will not materially affect a known historical or cultural resource;

K.

The proposed improvements are consistent with the village's sign code and landscaping regulations;

L.

The design of the proposed planned unit development promotes a safe and comfortable pedestrian environment as indicated in the comprehensive plan;

M.

The applicant has the financial and technical capacity to complete the proposed planned unit development;

N.

The proposed planned unit development has adequate provisions to guarantee the preservation of trees, wetlands, natural resources and other natural amenities and has provided for adequate screening and buffers, landscaping, public or private open space, and other improvements;

O.

The proposed planned unit development is economically viable and does not pose a current or potential burden upon the services, tax base, or other economic factors that impact the financial operations of the village, except to the extent that such burden is balanced by the benefit derived by the village from the proposed use or combination of uses.

(Ord. 07-12 § 2 (part), 2007)

(Ord. No. 09-14, § 10, 4-7-2009)

A.

All planned unit developments shall be subject to the provisions of the Carpentersville subdivision ordinance, zoning ordinance and Engineering Standards. Site development exceptions, i.e., exceptions from the underlying zoning provisions set forth outside this chapter or subdivision ordinance may be approved by the village board as part of the planned unit development process, provided the applicant specifically identifies each site development exception and establishes that:

1.

There are present actual physical conditions applying to the lot, parcel, building, structure, use or intended use within the planned unit development which are creating the practical difficulty in complying with the strict letter of the requirements; or

2.

There are unique, exceptional, extraordinary or unusual circumstances applying only or primarily to the property of the planned unit development; and

3.

The site development exception will be compatible with surrounding development;

4.

The site development exception will not impair an adequate supply of light and air to the adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood;

5.

The site development exception is in furtherance of the stated objectives of this chapter and is necessary for proper development of the site.

(Ord. 07-12 § 2 (part), 2007)

The following steps are provided to assure the orderly review of every planned unit development application in a timely and equitable manner.

A.

Pre-Filing Review and Transmittal of Application.

1.

Pre-Filing Conference.

a.

A prospective applicant, prior to submitting a formal application for a planned unit development, shall meet for a pre-filing conference(s) with the community development department. The purpose of the conference(s) is to help the applicant understand the comprehensive plan, design and development guidelines, the zoning ordinance, the site development allowances, the standards by which the application will be evaluated, and the application requirements. Prior to the pre-filing conference, the prospective applicant shall provide a PUD concept plan which shall include a description of the development concept, a vicinity map showing all surrounding areas and proposed vehicular access points, a statistical sheet showing the number of types of buildings, the density and a site plan showing the general location of structures, open space, circulation and other development aspects.

b.

After reviewing the planned unit development process, the applicant may request exceptions from the application requirements which in the applicant's judgment should not apply to the proposed planned unit development. Such request shall be made in writing prior to the submission of the formal application documents and shall include justifications for each exception requested.

c.

All requests for exceptions shall be reviewed within15 working days by the village staff. The village staff comments regarding the exceptions shall be given to the prospective applicant following their review.

d.

The applicant, prior to submitting a formal preliminary application for a major planned unit development, as defined herein, or a formal final application for a minor planned unit development, as defined herein, may be required to schedule a concept plan meeting with the planning and zoning commission to discuss the proposed planned unit development and its impact on area residents.

e.

If such concept meeting with the planning and zoning commission is required, the applicant shall send a written notice of the meeting to all taxpayers of record for all property within two hundred fifty (250) feet of the proposed planned unit development. Such notice shall be mailed not less than15 days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the community development department. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.

2.

Filing of Application. Following the completion of the pre-filing conference(s), the applicant shall file an application for a preliminary or final planned unit development in accordance with this chapter.

3.

Deficiencies. The community development department shall determine whether the application is complete. If the community development department determines that the application is not complete, the applicant shall be notified in writing/e-mail of any deficiencies within15 days of the stamped receipt date of the application. Village staff shall take no further steps to process the application until the deficiencies are remedied.

4.

The community development department shall deliver copies of the application to other appropriate village departments for review and comment.

5.

Staff Report. A copy of the complete application and a written report incorporating the comments of village staff and other agencies regarding the compliance of the proposed planned unit development with the requirements and standards of this chapter shall be delivered to the planning and zoning commission prior to the public hearing.

6.

Determination Not Binding. Neither the community development department's determination that an application is complete nor any comment made by the community development department or other village departments at a pre-filing conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a planned unit development permit for the proposed planned unit development, or component part thereof, nor shall it be intended or construed as a binding decision of the village, the planning and zoning commission or any staff member.

B.

Review and Action by the Planning and Zoning Commission.

1.

Upon receiving the report from the community development department, the planning and zoning commission shall hold a public hearing on the proposed planned unit development. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with the provisions of this section, state law and rules of procedure adopted by the planning and zoning commission. The public hearing may be continued to allow the planning and zoning commission to fully and completely review the proposed planned unit development and make its determination.

2.

Notice of the required public hearing shall be published by village staff not more than 30 nor less than15 days before the scheduled hearing in a newspaper published in the village or if there is none, then in a newspaper of general circulation in the village and shall contain the following information:

a.

The case number designation of the application;

b.

The date and time of the public hearing;

c.

The location of the public hearing; and,

d.

The general location of the property, the property index number ("PIN") of the property and its street address, if applicable, and a full description of the proposed planned unit development including the proposed uses and purpose of the public hearing. If the street address of the property is not available, a legal description of the property shall be provided. The notice shall also provide that copies of the preliminary plan will be available for review at the community development department of the village.

3.

Notice of the required public hearing shall also be provided by the village by posting a sign or signs on the property no less than15 days prior to the public hearing. The removal or knocking down (by the village or others) of the sign after posting but before the public hearing shall not invalidate, impair, or otherwise affect any planned unit development permit subsequently granted following such public hearing.

4.

All applications and planned unit development plans and related information shall be available for public inspection prior to any public hearing on the proposed project.

5.

The planning and zoning commission shall review the application and accompanying documents, the standards and requirements established by this section, the report of the community development department, and any oral and written comments received by the planning and zoning commission at the public hearing. Within forty-five (45) days following the close of the public hearing, the planning and zoning commission shall deliberate on specific findings addressing each of the standards set forth in this section and transmit such findings, together with a recommendation of approval, approval with conditions, or disapproval to the village board.

C.

Review and Action by the Village Board.

1.

Within 60 days of receipt of the report and recommendation of the planning and zoning commission, and without further public hearing, the village board shall either:

a.

Deny the application;

b.

Postpone further consideration pending the submittal of additional information, including any application requirement previously waived; or

c.

Adopt an ordinance approving the planned unit development.

2.

Any action taken by the village board to approve the planned unit development above shall require the concurrence of a majority of all the village board then holding office.

3.

In approving a planned unit development, the village board may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this section and to prevent or minimize adverse effects on other property in the immediate vicinity. Such conditions may include, but are not limited to: limitations on size, bulk and location; construction materials, requirements for landscaping, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the village board may deem to be in furtherance of the objectives of this section.

D.

Final Plat PUD. Any planned unit development requiring final plat PUD approval by both the planning and zoning commission and the village board shall be required to submit the final plat PUD of subdivision in accordance with Chapter 17.12 of the subdivision ordinance. The review by both the planning and zoning commission and the village board will require public review but not require a public hearing unless a major amendment is sought by the applicant.

E.

Major Planned Unit Development. A major PUD is required to receive village approval of a preliminary and final plat. Major PUDs shall include a development not classified as a minor PUD.

F.

Minor Planned Unit Development. A minor PUD is required to receive village approval of a final plat, and shall include developments that do not involve any new street, the extension of village facilities, the creation of any public improvement, and which will not adversely affect the remainder of the parcel or adjoining property or be in conflict with any provisions or portion of the comprehensive plan, development standards and design guidelines, zoning ordinance, or this title. The community development director has the authority to determine if a proposed development shall be processed as a minor PUD.

(Ord. 07-33 §§ 2—4, 2007; Ord. 07-12 § 2 (part), 2007)

(Ord. No. 12-04, § 3, 2-7-2012)

A.

An application for a planned unit development may only be filed by one who has an ownership interest in the parcel of land, or the agents thereof; or any contract purchaser or anyone holding an option to purchase the parcel of land on which the use or combination of uses is to be located.

B.

Applications for a planned unit development shall be filed with the community development department in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by village staff. Every application shall contain, at a minimum, the following information and related data:

1.

The names and addresses of the owner of the subject property, the applicant, and all persons having an ownership or beneficial interest in the subject property and the proposed planned unit development;

2.

A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the particular applicant;

3.

A scaled topographic plat of survey showing all wetlands and flood hazard areas, the legal description and street address for the subject property;

4.

A statement indicating compliance of the proposed planned unit development with the specific section of the comprehensive plan and design and development guidelines; and evidence of the proposed project's compliance in specific detail with each of the "Standards for Review" for planned unit developments;

5.

A scaled site plan showing all existing contiguous land uses, natural topographic features with an indication of any features to be retained, zoning districts, public thoroughfares, transportation and utilities within 200 feet of the subject property;

6.

A scaled site plan of the proposed planned unit development showing lot area, the required yards and setbacks, contour lines, common space, areas for preservation of open space or natural amenities, recreational facilities and the location, floor area ratio, lot area coverage and heights of buildings and structures, number of parking spaces and loading areas;

7.

Scaled schematic drawings illustrating the design and character of the building elevations, types of construction materials, and floor plans of all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area of all uses or combinations of uses, and the floor area of the entire development;

8.

A scaled landscaping plan showing the location, size, character and composition of vegetation and other material;

9.

A preliminary plan of subdivision, if required by the subdivision code;

10.

The substance of covenants, easements, and other restrictions existing and any to be imposed on the use of land, including common open space, and buildings or structures;

11.

A schedule of development showing the approximate date for beginning and completion of each stage of construction of the planned unit development;

12.

A professional traffic study acceptable to the village engineer showing the proposed traffic circulation, parking requirements and traffic pattern within and in the vicinity of the area of the planned unit development, including the location and description of public improvements to be installed, and any streets and access easements;

13.

A professional economic analysis acceptable to the village, including the following:

a.

The financial capability of the applicant to complete the proposed planned unit development, and

b.

An analysis of the projected sales tax revenue generating by the proposed development, and

c.

Evidence of the project's economic viability, and

d.

An analysis summarizing the economic impact the proposed planned unit development will have upon the village, and

e.

An indication of construction phasing, including interim maintenance of areas not under construction;

14.

Copies of all environmental impact studies;

15.

Copies of all soil test studies;

16.

An analysis setting forth the anticipated demand on all village services such as water, sewer, roads, fire, police, etc.;

17.

A plan showing off-site utility improvements required to service the planned unit development, and a report showing the cost allocations and funding sources for those improvements;

18.

A site drainage plan for all planned unit developments;

19.

A written summary of residents' comments, pertaining to the proposed application, from any meeting held pursuant to Section 16.46.050(A)(1)(d) above.

C.

Every application must be accompanied by a filing fee and a cash escrow in such amounts established from time to time by the village board, as provided in Chapter 20.02, "Fees," Section 20.02.010, "License and permit fees." Escrow funds shall be used to reimburse independent professionals contracted by the village to assist village staff in the planned unit development approval process. Such professional costs may include but are not limited to engineering, legal fees, traffic analyses, environmental impact studies, land use design, planning or other similarly related professional studies. In the event such funds initially placed in escrow are insufficient to reimburse the village for professional costs, the applicant shall escrow additional funds to provide for the reimbursement of any additional professional costs that may be incurred.

(Ord. 07-12 § 2 (part), 2007)

A.

Approval of the planned unit development permit by the village board authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the village may require for the proposed planned unit development. The community development department shall review applications for these permits for compliance with the terms of the planned unit development permit granted by the village board.

B.

No permit shall be issued for development which does not comply with the terms of the planned unit development permit.

C.

The village board shall direct the community development department to revise the official zoning map to reflect the existence and boundaries of each planned unit development.

D.

Subject to subsection G below, an approval of a planned unit development permit by the village board shall be null and void if the recipient does not file an application for a building permit relative to the proposed planned unit development within nine months after the date of adoption of the ordinance approving the planned unit development permit.

E.

Subject to subsection G below, an approval of a planned unit development permit by the village board shall be null and void if construction has not commenced within15 months, and is not completed within thirty-six (36) months after the date of adoption of the ordinance approving the planned unit development permit.

F.

Subject to subsection G below, an approval of a planned unit development permit with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.

G.

An approval of a planned unit development permit with a master development plan shall be null and void if construction has not commenced or is not completed in accordance with the terms and conditions contained in the development master plan.

H.

An extension of the time requirements stated in subsections C, D, and E of this section may be granted by the village board for good cause shown by the applicant, provided a written request is filed with the village manager at least four weeks prior to the respective deadline.

I.

A planned unit development permit shall be null and void if the use or combination of uses for which the approval was granted ceases for a consecutive period of one year.

J.

No application for a planned unit development which was previously denied by the village board shall be considered by the planning and zoning commission or the village board if it is resubmitted in substantially the same form and/or content within two years of the date of such prior denial. In this regard:

1.

The community development director shall cause the review of the application for a planned unit development and determine if the application is or is not substantially the same. An applicant has the right to request a hearing before the village board to appeal the determination of the community development director that the application is substantially the same, provided a petition for appeal is filed in writing with the community development department within ten days of the community development director's determination.

2.

The village board shall affirm or reverse the determination of the community development director, regarding whether the new application is in substantially the same form, within 30 days of receipt of a petition for appeal.

3.

If it is determined that the new application is not substantially in the same form, then the applicant shall be entitled to continue with the application process and have it reviewed in accordance with the provisions of the zoning ordinance.

(Ord. 07-12 § 2 (part), 2007)

A.

Except as provided in subsection B below, any modifications to an approved planned unit development permit or any addition to or expansion of an existing planned unit development permit shall require separate review and approval under the provisions of this chapter.

B.

A minor change is any change in the site plan or design details of an approved planned unit development permit which is consistent with the standards and conditions applying to the planned unit development permit and which does not alter the concept or intent of the planned unit development. A minor change shall not change the general character of the planned unit development, cause a substantial relocation of buildings, increase the planned unit development's density or increase land coverage, increase the height of buildings or gross floor area of buildings, reduce open space, modify the proportion of housing types, change or add new parking areas, alter alignment of roads, utilities or drainage, amend final development agreements, provisions or covenants, or provide any other change inconsistent with any standard or condition imposed by the village board in approving the planned unit development permit. Minor changes may be approved by the community development department without obtaining separate approval by the village board.

(Ord. 07-12 § 2 (part), 2007)

VB = Village Board

PZC = Planning and Zoning Commission

CD = Community Development Staff

X = Required

Notes:

(Ord. 07-12 § 2 (part), 2007)