The primary purpose of a planned unit development special use is to stimulate the development of balanced neighborhoods containing physical, economic and social assets difficult to achieve through the traditional separation of use and density zones. This is accomplished by allowing the developer the freedom necessary to protect natural resources and to protect the investment of both the City and the project. Based upon the submission of an acceptable site plan and other required documents, permission may be granted for the construction of a planned unit development in which more than one principal building may be constructed on a single subdivided lot or an unsubdivided parcel of land. Subject to such standards and limitations as are contained within this Title, the City Council in the ordinance granting the special use may allow modifications of the provisions of any municipal ordinance which would allow the proper implementation of the development plan. These modifications may include changes in the Zoning Title which if requested singly would be variations to be considered by the Plan Commission as a recommendatory body. When requested as part of an overall development plan of a planned unit development, such changes may be granted subject to the procedures contained within this Chapter, rather than those which would govern requests for individual variations.

The Plan Commission and City Council may require any reasonable condition or design consideration which will promote proper development of benefit to the community. It is not intended that the Council automatically grant the maximum use exceptions or density increases in the case of each planned unit development. The City Council shall grant only such increase or use latitude which is consistent with the benefit accruing to the City as a result of the planned unit development. As a condition for approval, each planned unit development must be compatible with the character and objectives of the zoning district or districts within which it is located. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

The granting of such flexibility as provided for in the special use approval for a planned unit development shall be dependent upon the ability of the land as utilized by the developer to meet such general objectives of this Title set forth below as shall apply to the proposed special use:

   A maximum choice in the types of living environments available to the public by allowing a development that would not be possible under the strict application of the other sections of this Title;

   Permanent preservation of common space and recreation areas and facilities;

   A pattern of development to preserve natural vegetation, topographic, and geologic features;

   A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;

   An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings, and other facilities;

   A land-use scheme which promotes the public health, safety, and welfare;

   Innovations in residential, commercial, and industrial development so that growing demands of the population may be met by greater variety in type, design and layout of buildings, and by the conservation and more efficient use of open space ancillary to said buildings; and

   Promotion, in a direct and specific way, of adopted policies and standards for development, as they appear from time to time as part of the City's Official Planning Policies and Official Comprehensive Plan. (Ord. 0-03-00, 4-3-2000)

To offer recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of areas of natural beauty, to add to the sense of spaciousness through the preservation of natural green spaces, to counteract the effects of urban monotony and congestion in the streets, to foster environmental and design excellence, to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions, to promote harmonious architecture between adjacent dwellings or institutional buildings, to encourage the placement of structures in proper relationship to the natural characteristics of the site, and to provide the opportunity to integrate housing by types within a unified environmental setting so as to provide a range of housing options in the community. (Ord. 0-03-00, 4-3-2000)

To promote the unified development and redevelopment of business or commercial centers, to ensure adequate off-street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to aid in stabilizing property values, to develop centers and districts of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped green spaces, to provide well-designed pedestrian connections between commercial centers and districts and adjacent residential neighborhoods, to encourage harmonious architecture between adjacent commercial structures and between residential and commercial structures and to allow for the placement of more than one commercial building on a single lot. (Ord. 0-03-00, 4-3-2000)

To promote the establishment of industrial parks and office and research complexes, to permit groups of industrial buildings with integrate design and a coordinated physical plan, to encourage recreational facilities within industrial areas, to encourage necessary commercial and business services to locate near industrial uses; to foster the use of mass transit and para- transit, and to buffer adjacent residential areas with landscaped green spaces. (Ord. 0-03-00, 4-3-2000)

A planned unit development, if granted, shall be granted as a special use in accordance with the procedures and standards of this Chapter. The procedures described herein shall be the exclusive procedures for processing applications seeking approval of a planned unit development. In the event that a conflict arises between a provision of this Chapter and another provision of the Zoning Title, or a provision of any other ordinance of the City, the provisions of this Chapter shall prevail. Applicants shall comply, however, with all laws of the State and ordinances of the City except to the extent that such ordinances have been modified pursuant to this Chapter.

Applications shall be made on forms provided by the City and shall be accompanied by the required plat documents, detailed plans, drawings and other information as specified by this Chapter. (Ord. 0-03-00, 4-3-2000)

Prior to the filing of a formal application, the petitioner may, but need not, request an informal meeting with the Plan Commission to determine whether the proposed development of the land is in accordance with the City's zoning and other ordinances, whether a zoning amendment or a modification in existing ordinances is required, and whether the development will be in conformity with the planning policies of the City.

Request for such a conference shall be made to the Plan Commission, via the Zoning Enforcement Officer, who will submit a notice of such request to the Mayor, the City Council, and the Plan Commission. Two (2) members of the Plan Commission may participate as ex officio members in this conference. The preapplication conference is not mandatory and does not require formal application, but does require the filing of the plans with the Zoning Enforcement Officer. The information to be submitted for the preapplication conference shall be as stipulated by Section 5A-3-4-1 of this Chapter. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Purpose: The purpose of the preliminary plan submission is to obtain tentative approval and commitment from the City that the developer's plan, design, and program are acceptable, and that the developer can proceed to submit final detailed architectural, engineering, surveying, and landscape plans. The preliminary plan may be submitted in stages only if a conceptual plan is also submitted and approved. It is at this stage that final modifications, adjustments, and interpretations are made to the conceptual plan. A preliminary plan, once approved, may be amended. A request for an amendment shall be made in accordance with the preliminary plan procedure and requires a new public hearing.

The preliminary plan is mandatory except that if all the land included in the application is to be developed at one time, the applicant may elect to proceed directly to the final plan procedure.

   (B)   Procedure:

      1.   Application Submission: Filing the following materials with the Department of Community Development:

         (a)   Written application for review, in triplicate, shall be filed with the Department of Community Development on forms prescribed by the City.

         (b)   A filing fee, the amount of which shall be established by ordinance of the City Council in light of the complexity of the proposed project, the number of contemplated hearings, and other Municipal expenses.

         (c)   If the preliminary plan is submitted in stages, fifteen (15) copies of the conceptual plan and of all other information required in this Section.

         (d)   Fifteen (15) copies of the preliminary plan and of supporting data, plans or information required in Section 5A-3-4-3 of this Chapter.

      2.   Staging The Preliminary Plan: The preliminary plan for residential planned unit developments may be submitted in stages if the total development area is fifty (50) acres or more. The first phase of the residential development must encompass at least twenty percent (20%) of the total residential area, plus all areas to be dedicated for roads, parks, and other public uses. Preliminary plans for commercial or office-industrial planned unit developments may be submitted in stages regardless of the size of the total development, provided that the first phase of the development encompasses all areas to be dedicated for roads and other public uses. If the applicant elects to submit the preliminary plan in stages, he must also submit a conceptual plan for the total area of the planned unit development at the same time that he submits the preliminary plan information for the first phase of the development. The conceptual plan and the preliminary plan for the first phase of the development shall both be presented at the same public hearing.

      3.   Acceptance Of The Application: After all the required documents are filed with the Zoning Enforcement Officer, a copy of the request shall be forwarded to the City Clerk. The Zoning Enforcement Officer shall review the application to determine completeness. No application shall be accepted by the City for processing until all the required documentation has been submitted by the applicant. If the application is deemed incomplete, the Zoning Enforcement Officer shall prepare a written report specifying the information and documentation that must be submitted by the applicant to complete the application, with a copy of such being forwarded to the City Clerk. The Zoning Enforcement Officer shall return the application with such written report to the applicant. If the application is deemed complete by the Zoning Enforcement Officer, it shall be processed. The Zoning Enforcement Officer shall notify the applicant that the City has accepted the application and shall forthwith, process and forward the application to the Plan Commission for its information, and to the Plan Commission for review and public hearing, with a copy of such application forwarded to the City Council for their information at its next regular meeting. Any changes in the application made by the applicant, whether initiated by the applicant or at the request of the City, shall be submitted to the Plan Commission via the Zoning Enforcement Officer no later than two (2) weeks prior to the scheduled date of the public hearing. Any change not submitted by that time may be accepted by the Plan Commission at their discretion and by majority vote of the Plan Commission.

      4.   City Staff Review: The Zoning Enforcement Officer shall also forward copies of the preliminary plan and supporting data to the City Engineer for review and recommendations. The City Council shall instruct other appropriate City departments and consultants to collaborate with the Plan Commission in reviewing the preliminary plan for the planned unit development for its compliance with these regulations and other ordinances of the City. Such collaboration may include meetings and conferences at which the developer shall meet the City officials and consultants in order that the Plan Commission may have, prior to its public hearing, the recommendations of its experts.

      5.   Public Hearing: The Plan Commission shall hold a public hearing within forty five (45) days from the date the request was forwarded to it. The general procedures shall be those outlined in Section 5A-2-3 of this Title. At such hearing, two (2) members of the Plan Commission shall have the right to full participation without a vote. The Zoning Enforcement Officer shall notify the applicant and the Plan Commission as to the time and place of the public hearing at which the applicant shall present the preliminary plan. A public hearing shall not be continued more than once without the approval of the applicant, and in that case, for not more than fourteen (14) days. A public hearing may be continued with the approval of the applicant as many times as deemed necessary.

   6.   Plan Commission's Report: The Plan Commission shall, within sixty (60) days after the close of the public hearing, unless an extension is requested by the petitioner and granted by the Plan Commission, submit a written report to the Planning and Development Committee recommending approval, modification, or disapproval, and the reasons therefor, or indicate why a recommendation of approval, modification, or disapproval cannot be rendered to the Planning and Development Committee, with a copy of such report being sent to the City Council and the applicant. Provided, however, that if at any time after the commencement of the public hearing the City Council has required by motion that the public hearing be closed, and that the Plan Commission submit a written report containing findings and recommendations no later than sixty (60) days from the date of the motion, the Plan Commission shall be so required, and failure to file this report within the sixty (60) day period shall be deemed a recommendation to deny the application. The Plan Commission shall set forth in a separate communication to the City Council the findings of fact on which it based its recommendations and describing how the proposal meets the standards of Section 5A-3-3 of this Chapter. The Plan Commission may issue a separate report and recommendations relating to variations to the City Council.

      7.   City Engineer's Report: Within sixty (60) days after the close of the public hearing, the City Engineer shall submit a written report to the Planning and Development Committee recommending approval of engineering plans and specifications contained therein, setting forth the revisions necessary for approval or recommending disapproval of the engineering plans and specifications.

      8.   Planning And Development Committee Report: The Planning and Development Committee, after receipt of required reports, shall forward a recommendation to the City Council to approve, modify, or disapprove the preliminary plan or may refer the matter back to the Plan Commission for further consideration.

      9.   City Council Approval: The City Council, after receipt of the required reports or, if no reports are received, after the time period allowed to file such reports has elapsed, and without further public hearing, may approve, modify or disapprove the preliminary plan or may refer the matter back to the Plan Commission for further consideration. If the City Council does not act finally on the preliminary plan submission within a period of ninety (90) days of the date upon which such application is initially returned to the City Council from the Plan Commission, the preliminary plan shall be deemed to have been denied unless an extension is requested by the petitioner and granted by the City Council. In the case of approval, or approval with modification, the City Council shall pass an ordinance granting the special use and amending the Official Zoning Map of the City. Approval of a preliminary plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Purpose: The purpose of the final plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands not so subdivided, into common open space and building sites. The final plan, if approved, must be recorded, and must show the exact location of facilities.

The final plan shall conform substantially to the preliminary plan as approved or amended and, if desired by the developer, may be submitted in stages with each stage reflecting the approved preliminary plan.

   (B)   Procedure:

      1.   Application And Submission: The following materials shall be filed with the Zoning Enforcement Officer:

         (a)   Written application for review, in triplicate, on forms as prescribed by the City;

         (b)   A filing fee, the amount of which shall be established by ordinance of the City Council in light of the complexity of the proposed project, the number of contemplated hearings and other Municipal expenses; and

         (c)   Fifteen (15) copies of the final plan and of supporting data, plans, or information as required by Section 5A-3-4-4 of this Chapter which shall show in detail the design, location, and use of all buildings, facilities, and site improvements, as well as such additional information as may be required by the Plan Commission, the Plan Commission, the Planning and Development Committee, the Zoning Enforcement Officer, the City Engineer, the City Attorney, and the City Council.

      2.   Acceptance Of The Application: The Zoning Enforcement Officer shall receive the final plan application and review as to completeness, with a copy being forwarded to the City Clerk. No final plan application shall be accepted by the City for processing until all the required documentation has been submitted by the applicant. If the application is deemed incomplete, the Zoning Enforcement Officer shall prepare a written report specifying the information and documentation that must be submitted by the applicant to complete the application, with a copy of such written report being forwarded to the City Clerk. The Zoning Enforcement Officer shall return the application with a copy of such written report to the applicant. If the application is subsequently deemed complete, the Zoning Enforcement Officer shall submit it to the City Council for final consideration. The Zoning Enforcement Officer shall notify the applicant that the City has accepted the final plan application and documents.

      3.   Review Procedure If No Preliminary Plan Was Submitted: If the preliminary plan procedure was waived by the City Council, the Zoning Enforcement Officer shall forward the final plan documents to the City Engineer for his review and recommendation, to the Plan Commission for its review and a public hearing and to the Plan Commission for their information, with a copy of such application forwarded to the City Council for their information at its next regular meeting. Two (2) members of the Plan Commission shall be entitled to full participation at such hearing but without the right to vote. The Plan Commission shall hold a public hearing within forty five (45) days from the date the final plan documents were forwarded to it. The public hearing shall follow the general procedures as outlined in Section 5A-2-3 of this Title. Any changes in the application made by the applicant, whether initiated by the applicant or at the request of the City, shall be submitted to the Plan Commission via the Zoning Enforcement Officer no later than two (2) weeks prior to the scheduled date of the public hearing. Any change not submitted by that time may be accepted by the Plan Commission at their discretion and by majority vote of the Plan Commission. A public hearing shall not be continued more than once without the approval of the applicant, and in that case, for not more than fourteen (14) days. A public hearing may be continued with the approval of the applicant as many times as deemed necessary.

   Following the public hearing, if a public hearing is required, the Plan Commission shall, within sixty (60) days after the close of the public hearing, unless an extension is requested by the petitioner, and granted by the Plan Commission, submit a written report to the Planning and Development Committee recommending approval, modification, or disapproval, and the reasons therefor, or indicate why a recommendation of approval, disapproval, or modification cannot be rendered to the Planning and Development Committee, with a copy of such report being sent to the applicant. Provided, however, that if at any time after the commencement of the public hearing the City Council has required by motion that the public hearing be closed and that the Plan Commission submit a written report containing findings and recommendations no later than forty five (45) days from the date of the motion, the Plan Commission shall be so required and failure to file this report within the forty five (45) day period shall be deemed a recommendation to deny the application. The Plan Commission shall set forth in a separate communication to the City Council the findings of fact on which it based its recommendations and describing how the proposal meets the standards of Section 5A-3-3 of this Chapter. The Plan Commission may issue a separate report and recommendations relating to variations to the City Council.

      4.   Review Procedure Where A Preliminary Plan Was Submitted: When the preliminary plan procedure has been followed, no further public hearing need be held and the Zoning Enforcement Officer shall forward a copy of the final plan and other supporting data required for approval to the City Engineer for review and recommendation, and to the Plan Commission to determine whether the final plan conforms substantially to the preliminary plan, as approved. The Plan Commission must approve or disapprove the final plan within thirty (30) days of its submission to the City. If the final plan and other supporting data are in substantial conformity with the preliminary plan, the Plan Commission shall approve it. If the Plan Commission disapproved the final plan after the preliminary plan has been approved, it shall state in what respects the final plan fails to conform to the preliminary plan or with these regulations in its recommendation to the City Council and provide the applicant with a copy of such recommendation.

      5.   Review By City Engineer: When the preliminary plan procedure was waived, the City Engineer shall submit a written report to the City Council recommending approval, modification, or disapproval, within sixty (60) days after the close of the public hearing. Where the preliminary plan procedure was followed, the City Engineer shall approve, modify, or disapprove the final plan within thirty (30) days of its submission to the City. In either case, if the City Engineer disapproves of the final plan, the reasons for denial shall be set forth in a report to the City Council and the applicant shall be provided with a copy of such report.

      6.   Review By The Planning And Development Committee: The Planning and Development Committee, after receipt of the required reports, shall forward a recommendation to the City Council to approve, modify, or disapprove the final plan.

      7.   City Council Approval: The City Council, after receipt of the required reports or, if no reports are received, after the time period allowed to file such reports has elapsed, shall approve, modify, or disapprove the final plan, within a period of ninety (90) days unless an extension is requested by the applicant and granted by the City Council. If the City Council finds that the final plan is not in substantial conformance with the preliminary plan, the City Council shall inform the applicant with regard to the specific areas found to be not in compliance and shall order a new public hearing before the Plan Commission, after which a recommendation shall be made as to whether such modifications shall be approved or disapproved. If the City Council approves the final plan, it shall pass an ordinance to that effect. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

If the planned unit development involves the subdivision of land, the ordinance authorizing construction of the development shall be effective only upon recording of the final plat with the County Recorder of Deeds. Said plat shall not exceed thirty inches by thirty six inches (30" x 36"), in compliance with the DuPage County Recorder's requirements. Building permits are to be issued only after the final plat has been recorded with the County Recorder of Deeds and the requirements of all City ordinances governing the issuance of permits have been met. The City Clerk shall be responsible for the recording of the final plat. If the planned unit development did not involve the subdivision of land, the ordinance approving the PUD shall be effective upon its passage, approval, and publication, as provided by law. (Ord. 0-03-00, 4-3-2000)

The development project shall be developed only according to the approved preliminary plan, if any, and final plan and all supporting data.

Changes to the preliminary and/or final plan shall be defined as follows:

   (A)   Major Changes: Changes which substantially alter the concept or intent of the development, including an increase in density, an increase in the height of buildings, changes in locations and types of uses of land, changes in the design of structures where general design criteria or drawings were furnished as supporting documents to approved preliminary or final plans, reduction of proposed open space, changes in the development and construction schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new preliminary and/or final plan and supporting data and following the preliminary and/or "final plan" procedures, including a new public hearing. All changes to the "original final plan" shall be recorded with the County Recorder of Deeds as amendments to the final plan or reflected in the recording of a new "corrected" final plan.

   (B)   Minor Changes: The City Council may, by ordinance, approve minor changes in the development which do not substantially change the concept or intent of the development without the review and recommendation of the Plan Commission and without a public hearing, but upon review and recommendation of the Planning and Development Committee. Minor changes shall be any change not defined as a major change. This provision shall not prohibit the City Council from requesting the review and recommendations of the Plan Commission.

   (C)   Changes To Completed And Occupied Residential Planned Unit Developments: Changes such as garages, fences, storage sheds, and patios, which are not in conflict with subsection (A) of this Section or with the provisions of the specific ordinance governing the planned unit development in question and which are permitted under and comply with all the requirements of the underlying residential zoning classification and do not interfere with storm water retention and drainage, may be permitted upon site plan approval by the City Council, upon review and recommendation of the Planning and Development Committee. (Ord. 0-03-00, 4-3-2000)

Premises granted a planned unit development special use by the passage and approval of an ordinance approving a preliminary plan and/or final plan shall be limited to development as a planned unit development special use unless and until such special use is duly revoked by the City Council as provided in Section 5A-3-2-7 of this Chapter. (Ord. 0-03-00, 4-3-2000)

   (A)   Applicability: A planned unit development special use granted by the City Council shall be subject to revocation in the manner provided hereinbelow under any of the following circumstances:

      1.   Failure to submit the final plan within one year from the date of approval of the preliminary plan.

      2.   Failure to commence construction of the proposed use within one year from and after the date of the filing of the final plan. Construction shall not be deemed to have commenced unless and until: a) the site has been properly graded, and b) all utilities have been provided for in the area covered by the final plan.

      3.   Failure to carry the construction work forward expeditiously with adequate forces for a period of eighteen (18) months out of any twenty four (24) month period.

      4.   Following the issuance of occupancy permits, abandonment, or other failure to utilize the property for the purposes permitted by the planned unit development special use for a period of two (2) months out of any consecutive six (6) month period.

      5.   Where changed circumstances or experience derived from the exercise of the planned unit development special use previously granted indicates that the continuation of the planned unit development special use no longer carries out the goals of this Zoning Title. Provided, however, that any special use so withdrawn may continue to exist to the extent that it has been utilized and developed subject to the provisions of Chapter 4 of this Title.

      6.   Upon written application, the City Council may authorize extensions of any time period specified hereinabove, at any time prior to the expiration of such time period but each such extension shall not exceed one year at a time.

   (B)   Initiation Of The Revocation Of A PUD:

      1.   Upon written application by any person, the Plan Commission or the City Council at any time following the expiration of any time period or authorized extension thereof, as provided hereinabove, or the happening of any of the conditions specified in subsection (A) of this Section, the Plan Commission shall hold a public hearing with regard to whether any of the conditions described in subsection (A) of this Section exist and whether on account of such conditions and other circumstances the special use permit shall be revoked or whether the property shall be rezoned to another use. The Plan Commission, in such an instance, shall follow the same procedure as for revoking special uses, in subsection 5A-2-2-6(I) of this Title.

      2.   The revocation of a planned unit development special use and the zoning reclassification of the property may also be initiated by the owner, or contract purchaser of the premises by so requesting the City Council, who shall refer the matter to the Plan Commission for its review and public hearing as provided under subsection 5A-2-2-6(I) of this Title. Such matter shall be reviewed by the Planning and Development Committee who shall forward a recommendation to the City Council. (Ord. 0-03-00, 4-3-2000)

No certificate of occupancy shall be granted for the use of any building or structure within a planned unit development unless that building or structure complies with the building code and there is no current delay, as of the date of application for an occupancy permit, in completing the scheduled land improvements and amenities as shown on the approved final PUD plan and supporting data and as specified in the approved final development and construction schedule of the PUD. (Ord. 0-03-00, 4-3-2000)

Prior to the granting of any planned unit development, the Plan Commission, the Planning and Development Committee, the Zoning Enforcement Officer, the City Planner, City Attorney or other legal consultant, or the City Engineer may recommend, and the City Council may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, and other elements of the development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and to secure compliance with the standards specified in Section 5A-3-3 of this Chapter. In all cases in which planned unit developments are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the applicant is complying and will comply with the conditions stipulated. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

No planned unit development shall be authorized unless the City Council shall find that the following general standards are met. (Ord. 0-03-00, 4-3-2000)

Unless unusual conditions are present which allow effective planning upon a smaller site or as otherwise provided in this Section or in the zoning districts of the Zoning Title, all planned unit developments shall be required to contain a minimum of three (3) acres. Provided, however, that within business districts, the minimum planned unit development sizes shall be:

 

 

(Ord. 0-03-00, 4-3-2000)

The uses permitted in such development are compatible with the uses immediately adjacent to the site and are not of such a nature, of such density or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. (Ord. 0-03-00, 4-3-2000)

The site plan effectively treats the developmental possibilities of the subject property, making appropriate provisions for the preservation of streams, wooded areas, scenic views, flood plain areas, and similar physical features. (Ord. 0-03-00, 4-3-2000)

   (A)   Residential Densities Within PUD: Residential densities within planned unit developments shall not exceed the following maximum numbers within each zoning district:

 

 

   (B)   Calculation Of Gross Residential Density: The gross residential density shall be the ratio between the total number of dwelling units and the gross land area:

      1.   The gross land area shall include the following:

         (a)   Any proposed right of way within the planned unit development;

         (b)   Any land to be contributed for governmental uses;

         (c)   All storm water management, regulatory wetlands, and flood plain areas; and

         (d)   All land to be used for recreational uses.

      2.   The gross land area shall not include the following:

         (a)   Any right of way or easements for roadways, on the perimeter of the planned unit development, existing prior to the development of the planned unit development; and

         (b)   All land to be used for nonresidential uses. (Ord. 0-03-00, 4-3-2000)

Adequate parking shall be provided as required by Chapter 11 of this Title unless specifically varied by the City Council after recommendation of the Planning and Development Committee and the Plan Commission. (Ord. 0-03-00, 4-3-2000)

The provisions of the Darien Subdivision Ordinance shall be adhered to, unless a variation is granted by the City Council after recommendation of the Planning and Development Committee and the Plan Commission. Such a variation may be granted as a part of the ordinance authorizing the planned unit development. (Ord. 0-03-00, 4-3-2000)

   (A)   Traffic: Adequate provision shall be made to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The site will be accessible from public roads which are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the uses located in the proposed development. Traffic-control signals will be provided without expense to the City when the City Council determines that such signals are required to prevent traffic hazards or congestion in adjacent streets.

   (B)   Streets, Public And Private: Private streets may be permitted in R-3 planned unit developments where unique design concepts, site topography, site dimensions, site area, and/or flood plain areas warrant their use.

   Public or private streets in residential planned unit developments shall also be in accordance with the following:

      1.   Areas less than five (5) acres, private streets not permitted.

      2.   Reduced width rights of way and/or pavement widths may be permitted for public streets where site conditions warrant their use.

      3.   Private streets' pavements shall have a minimum width of thirty feet (30') back-to-back and shall be constructed to City specifications for Class C construction standard for minor streets including curb and gutter.

      4.   Private streets may not be used for any street other than a minor street.

      5.   Where common driveways are used to provide access to multiple- dwelling units, there shall be at least one driveway access to a public or private street for every forty (40) dwelling units. (Ord. 0-03-00, 4-3-2000)

A minimum of twenty five percent (25%) of the total gross area of a residential planned unit development shall consist of common open space; no area within thirty feet (30') of any building or structure, except one used for recreational purposes, shall be included in the computation of the open space requirement. This requirement may be partially or totally waived by the City Council whenever a substantial amount of the land of the planned unit development is proposed for development as single-family residential units. (Ord. 0-03-00, 4-3-2000)

   (A)   The required yards or setbacks within the interior of the planned unit development, but not along the periphery of the planned unit development, may be modified within the ordinance granting the planned unit development. The required yards or setback as aforesaid may receive modifications of up to fifty percent (50%) of the standards set forth in the underlying zoning districts and may be used for parking or other purposes.

   (B)   Buildings of more than twenty four feet (24') in height shall provide a setback from any property line of not less than equal to the height of such buildings.

   (C)   No minimum horizontal distance between buildings is established; provided, however, that good planning standards are followed and that there is sufficient space between buildings to provide for adequate fire protection. (Ord. 0-03-00, 4-3-2000)

The planned unit development may depart from strict conformance with the required density, dimension, area, zoning district size, height, bulk, use, and other regulations of the underlying zoning district to the extent specified in the preliminary and final plans and documents authorizing the development, so long as the development will not be detrimental to or endanger the public health, safety, and welfare of the residents of the City. (Ord. 0-03-00, 4-3-2000)

All signs in the planned development shall comply with the Darien Sign Ordinance. (Ord. 0-03-00, 4-3-2000)

All planned business and office and industrial developments shall comply with the performance standards specified by Chapter 12 of this Title. (Ord. 0-03-00, 4-3-2000)

All planned unit developments shall comply with the landscaping standards in Chapter 10 of this Title. (Ord. 0-03-00, 4-3-2000)

All of the planned unit developments shall provide for underground installation of utilities (including electricity, telephone and cable) in both public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutters, piping, and treatment of turf to handle storm waters. (Ord. 0-03-00, 4-3-2000)

The site of the planned unit development must be under single ownership or unified control. (Ord. 0-03-00, 4-3-2000)

The development plans and supporting data shall include at least the following information, unless waived by the City Council or the Plan Commission, if the furnishing of such specified material is not necessary or applicable to the type of project proposed. The City Council, Plan Commission, Planning and Development Committee, and other City departments reviewing PUDs may request such additional information deemed applicable to the particular development. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   General Site Information: Data regarding site conditions, land characteristics, available community facilities and utilities, existing covenants, and other related information about uses of land within one-half (1/2) mile of the subject parcel of land.

   (B)   Sketch Plan: A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, lots, and other features.

   (C)   Legal Description: A complete property survey and legal description of the site proposed for development.

   (D)   Variations: A list of all the variations from the zoning regulations and subdivision control regulations of the City, which are sought for the particular development. (Ord. 0-03-00, 4-3-2000)

The conceptual plan shall be submitted where the preliminary plan will be submitted in stages in accordance with subsection 5A-3-2-2(B)2 of this Chapter.

   (A)   Conceptual Plan Drawing: A drawing of the development shall be prepared at a scale that provides for a clear understanding of the way in which the property is intended to be developed. The drawing shall indicate the concept of the development with refinements to indicate the overall land use pattern, general circulation system, open space or park system, and major features of the development. This stage does not require a detailed site plan of buildings, roads, walks, etc. The drawing should include:

      1.   Boundary Lines: Boundary lines of the proposed development (approximated distances).

      2.   Easements: General location and purpose of easements.

      3.   Streets: Streets on and adjacent to the tract.

      4.   Existing And Proposed Land Uses: Types and location of existing and proposed land uses.

      5.   Map Data: Name of development, name of site planner, north point, scale, date of preparation, and acreage of site.

   (B)   Site Data: A written explanation of the graphic elements of the conceptual plan, including:

      1.   Description and quantity of all land uses.

      2.   Projected type, location, densities, and number of dwelling units to be constructed in each phase of the development.

      3.   Estimated population.

      4.   Description of the development standards and design criteria.

      5.   Description of each type of residential unit proposed.

      6.   Information on existing and proposed sanitary, storm water, and other utilities on or adjacent to the development.

   (C)   Objectives: A statement of planning objectives to be achieved by the development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

   (D)   Ownership: A statement of present and proposed ownership of all land within the project.

   (E)   Environment: A preliminary statement identifying existing natural and environmental resources, including information on:

      1.   Topography.

      2.   Flood plains and surface hydrology.

      3.   Vegetation and natural coverage.

      4.   Soils and subsurface conditions.

      5.   Geology.

      6.   Scenic views and vistas.

   (F)   Traffic Study: A traffic analysis providing information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the development, on potential traffic hazards and points of friction caused by the proposed development, and on the proposed road improvements deemed necessary to service the development, and an analysis of the adequacy of the internal vehicular circulation pattern.

   (G)   Financial Impact Study: A study documenting the taxes to be generated by the proposed development and the costs, benefits and impact to various municipal systems and to other taxing bodies providing services to the community. This study shall include, but not be limited to, the impact of development on schools, park and recreation facilities, police protection, fire protection, street construction and maintenance, and solid waste collection and disposal.

   (H)   Market Study: An economic feasibility study of the proposed development, including information on land utilization and marketing potential showing the need and feasibility of the proposed development.

   (I)   Schedule: A preliminary development schedule indicating the approximate dates when construction of various stages of the development can be expected to begin and be completed. (Ord. 0-03-00, 4-3-2000)

   (A)   Detailed Plan: A drawing of the development plus three hundred feet (300') in every direction shall be prepared at a scale of not less than one inch equals one hundred feet (1" = 100') and shall show such designations as proposed streets (public and private), all building heights and uses, common open space, recreation areas and facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and shall include:

      1.   Boundary Lines: Bearings and distances.

      2.   Easements: Location, width, and purpose of existing and proposed easements.

      3.   Streets On And Adjacent To The Tract: Location and dimensions, street names, right-of-way widths, existing or proposed center line elevations, pavement types, walks, curbs, gutters, culverts, etc.

      4.   Utilities On And Adjacent To The Tract: Location and size of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines, and streetlights; direction and distance to and size of nearest usable water mains and sewers adjacent to the tract.

      5.   Ground Elevations On The Tract: At two foot (2') contour intervals; 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).

      6.   Subsurface Conditions On The Tract (If Required By The City Engineer): Location and results of tests made to generally ascertain subsurface soil, rock and ground water depth and results of soil percolation tests if individual sewage disposal systems are proposed.

      7.   Other Conditions On The Tract: Watercourses, flood plains, marshes, rock outcrops, wooded areas, isolated preservable trees with trunks one foot (1') or more in diameter, houses, barns, accessory buildings, and other significant features.

      8.   Other Conditions On Adjacent Land: Approximate direction and gradient of slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers and other nonresidential land uses or adverse influences; owners of adjacent unplatted land, for adjacent platted land refer to subdivision plat by name, and approximate percent build-up, typical lot size and dwelling type.

      9.   Land Uses: Existing land uses and zoning on and adjacent to the tract. Location, dimensions, and acreage of proposed land uses including single-family residential, multi-family residential, business and industrial uses, open spaces and school sites.

      10.   Proposed Public Improvements: Highway or other major improvements planned by public authorities for future construction on or near the tract.

      11.   Landscape Plans: Preliminary plans for plant materials, earth sculpturing, berming, aesthetic features, sidewalks and pedestrian access and circulation.

      12.   Structures: General location, purpose and height, in feet or stories, of each building, other than single-family residences on individually platted lots.

      13.   Map Data: Name of development, name and address of the owner, applicant, engineer, land surveyor and site planned, north point, scale, date of preparation, and acreage of site.

      14.   Miscellaneous: Such additional information as may be required by the Plan Commission, the Planning and Development Committee, the Zoning Enforcement Officer, the City Planner, the City Engineer or the City Council.

   (B)   Objectives: A statement of planning objectives to be achieved by the development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

   (C)   Ownership: Proof of present and proposed ownership of all land within the project, including present tract designation according to official records of the County Recorder of Deeds.

   (D)   Schedule: Development schedule, indicating:

      1.   Stages in which project will be built with emphasis on area, density, use and public facilities such as open space, roadways and water, sewer and storm sewer lines to be developed with each stage. Overall design of each stage shall be shown on the plan and through supporting graphic material.

      2.   Approximate dates for beginning and completion of each stage.

      3.   If different land use types are to be included within the development, the use schedule must include the mix of uses to be built in each stage.

   (E)   Covenants: Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the development and any of its common open space.

   (F)   Density: Information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each building and dwelling unit type, as well as information on the type and amount of ancillary and nonresidential uses, including the amount of common open space.

   (G)   Service Facilities: Information on all service facilities and off-street parking facilities.

   (H)   Architectural Plans: Preliminary architectural plans, front elevations and renderings for all primary and accessory buildings shall be submitted to show the style of the development, the design of the building and the number, size and type of dwelling units, floor area of building types and total ground coverage of buildings.

   (I)   Preliminary Engineering Plans: To indicate that the proposed development can be serviced for:

      1.   Roads, including classification, width of right of way, width of pavement, and typical construction details.

      2.   Sanitary sewers.

      3.   Storm drainage.

      4.   Water supply system.

      5.   Lighting program.

      6.   Sidewalks, paths and cycle trails.

   (J)   Traffic Study, Financial Impact Study And Market Study: At the request of the Plan Commission, the Planning and Development Committee, or City Council, the applicant may be requested to prepare a traffic study, a financial impact study and a market study as required in subsections 5A-3-4-2(F), (G) and (H) of this Chapter whenever such studies were waived at the conceptual plan stage, where no conceptual plan submission was required or where changed conditions are deemed to warrant the submission of these documents. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Final Detailed Plan: A final plat suitable for recording with the County Recorder of Deeds, not to exceed thirty inches by thirty six inches (30" x 36"), shall be prepared. The final plat shall include, but not be limited to:

      1.   Title under which the proposed development is to be recorded.

      2.   An accurate legal description of the entire area for which final plat approval is sought, and total acreage included.

      3.   A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, including, but not limited to, the following:

         (a)   Dimensions of the lots into which the property is proposed to be subdivided;

         (b)   Plans for sidewalks or pedestrian access and circulation;

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

         (d)   Location and dimension of proposed streets, easements and storm water control areas, including water detention, retention and flow and land to be dedicated for public use.

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

      5.   Designation with particularity the uses of the land and the exact location of all buildings and structures to be constructed.

      6.   Certificates, seals, and signatures required for the dedication of lands and recording the documents.

      7.   Tabulation of unsubdivided area, including land area, number of buildings, and number of dwelling units per acre.

      8.   Date, scale, north point, and date of preparation.

   (B)   Common Open Space Documents: All common open space shall be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established of which the owners and residents of the development are the shareholders, or retained by the developer with legally binding guarantees, in a form approved by the City Attorney, that the common open space will be permanently preserved as open space. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space and shall bear an irrevocable provision in its bylaws allowing but not requiring the City to undertake any needed maintenance or improvement and to impose a lien to guarantee repayment.

   (C)   Public Facilities: All public facilities and improvements made necessary as a result of the development shall be either constructed in advance of the approval of the final plan or a document of security shall be posted to guarantee construction of the required improvements. Such document of security in the form of an irrevocable letter of credit, a subdividers bond or other document, each approved as to form and substance by the City Attorney, shall be payable to the City and shall be sufficient to cover the full cost of improvements plus an additional percentage to be set by the City Council or the City Engineer in an amount sufficient to guarantee that in spite of inflation and other increased costs, the amount of the document of security shall be sufficient to allow all required improvements to be installed, in the event that such installation must be made under the document of security.

   (D)   Final Engineering Plans: Detailed plans shall be submitted for the design, construction or installation of site amenities; including buildings, landscaping, lakes, sewer, water, storm water and flood water control, street facilities, and other site improvements, including specifications.

   (E)   Final Development And Construction Schedule: A final construction schedule shall be submitted for that portion of the development for which approval is being requested showing timetables for the dedication and construction of public facilities and amenities, including, but not limited to, roads and sidewalks, sewer and water lines and recreational and open space facilities.

   (F)   Design Schedule: A listing of the area, lot width, yard, height and bulk requirements applicable to the planned unit development.

   (G)   Covenants: Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the development shall be recorded at the same time as the final development plan.

   (H)   Miscellaneous: A detailed plan and other supporting data as was stipulated in the preliminary plan stage, Section 5A-3-4-3 of this Chapter, if the preliminary plan stage was bypassed by the applicant and if such documentation is deemed necessary by the Plan Commission for its review, as well as other information and data the Plan Commission may require for full and complete consideration of the planned unit development. (Ord. 0-03-00, 4-3-2000)