Flossmoor City Zoning Code
ARTICLE XX
Planned Unit Development
§ 285-20-1 Purpose.
A.
The purpose of the planned unit development regulations is to encourage and allow more creative and imaginative design for land developments than is possible under the more conventional zoning regulations. The planned unit development also provides for more efficient use of the land and thus results in more economical land development. Preservation of natural site qualities, better urban amenities, more open space and a higher quality project are the normal results of the planned unit development process.
B.
The following objectives may be obtained through the use of the planned unit development procedure:
(1)
To permit a maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter.
(2)
To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.
(3)
To combine and coordinate architectural styles, building forms and building relationships with a possible mixing of different urban uses in an innovative design.
(4)
To encourage a pattern of development to preserve natural vegetation, topographic and geological features and environmentally appropriate features.
(5)
To provide for the prevention and/or control of soil erosion, surface flood and the preservation of subsurface water.
(6)
To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development.
(7)
To provide for more usable and suitably located recreation facilities, schools and other public and private facilities.
(8)
To promote the more efficient use of the land resulting in more economic networks of utilities, streets and other facilities.
(9)
To encourage a land use which promotes the public health, safety, comfort, morals and welfare.
(10)
To create a method for the permanent preservation of architectural and/or historic landmarks.
C.
The planned unit development is intended to provide for projects incorporating a single type or a variety of related uses which are planned and developed as a unit. The planned unit development should provide amenities not otherwise required by law and often establishes facilities and open space greater than the minimum required by law.
D.
Such development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership, separate condominium ownership of structures or other ownership methods, and shall provide for development by means of a planned unit development plat which establishes the location and extent of the features of the planned unit development in keeping with the purpose of the plan.
E.
The unique and substantially different character of planned unit developments requires their administrative processing as a special use under this chapter. Planned unit developments are more complex and of a different character than other specific and additional procedures, standards and exceptions to govern the recommendations of the Zoning Board and the action of the Board of Commissioners.
§ 285-20-2 Procedure.
[Amended 9-16-2019 by FMC-2019-14]
A.
Planned unit development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans, drawings and other information as specified in this chapter shall be required at the time of the various phases, meetings and hearings as detailed herein. Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the planned unit development requirements before proceeding to the next stages. The approval process shall include the following stages:
(1)
Preapplication conference: introductory meeting held with Village staff as set forth in § 285-20-3 of this chapter.
(2)
Concept PUD plan review: an informal review of overall concept conducted by the Plan Commission to provide constructive feedback to petitioner on the plan as set forth in § 285-20-4 of this chapter.
B.
The final two stages of the PUD process, preliminary PUD plat and final PUD plat may be submitted and reviewed concurrently, as determined by the Zoning Administrator, based upon the following criteria:
(1)
The PUD plan forwards the goals of the Village's planning objectives and official plans.
(2)
The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is located.
(3)
The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of Village ordinances.
§ 285-20-3 Preapplication conference.
[Amended 9-16-2019 by FMC-2019-14]
A.
Purpose. The purpose of the preapplication conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on:
(1)
Whether the proposed planned unit development will be in conformity with the planning and other development goals and the policies of the Village of Flossmoor.
(2)
Whether the existing zoning and land use in the general area of the planned unit development is appropriate for a planned unit development.
B.
Procedure. Prior to filing an application for approval of a planned unit development, the petitioner shall be required to contact the Village Manager or his or her designee to arrange an informal preapplication meeting with Village staff and its consultants.
(1)
The preapplication conference is mandatory and shall be held with staff, but is at no charge to the petitioner. At such conference, the applicant shall provide information in an electronic format relating to the following:
(2)
The preapplication conference shall be an informal communication and discussion of the proposed planned unit development, and no commitments shall be given, nor shall statements or opinions of Village staff and its consultants be deemed binding.
(3)
Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the Village and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the Village for a planned unit development.
§ 285-20-4 Concept PUD plan review.
[Amended 9-16-2019 by FMC-2019-14]
A.
Purpose. The presentation of a concept PUD plan is optional. The purpose of the concept PUD plan is to enable the applicant to obtain informal feedback from the Village staff, the Plan Commission and Village Board regarding overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans.
B.
Procedure. Not less than 45 days before the next available Plan Commission meeting, the applicant shall submit to the Zoning Administrator for review the conceptual PUD plan in an electronic format, including a written application on a form prescribed by the Zoning Administrator, the necessary fee established by the Village Board, and all of the information and documentation set forth below:
(1)
Concept plan. A drawing of the PUD shall be prepared at a scale that provides clear understanding of the way in which the property is intended to be developed. The plan shall indicate the overall land use pattern, general circulation system, open space or park system and major features of the development. This does not require a detailed site plan of buildings, roads, walks, etc. The plan should include:
(2)
Site data. A written explanation of the graphic elements of the plan, including:
(3)
Objectives. A statement of planning objectives to be achieved by the PUD. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.
(4)
Ownership. A statement of present and proposed ownership of all land within the project.
(5)
Environment. A preliminary statement identifying existing natural and environmental resources and the method to protect the physical amenities of the site.
(6)
Utilities. Preliminary engineering information on existing and proposed sanitary, storm, water and other utilities necessary to adequately service the development.
(7)
Structures. Preliminary architectural concepts that describe the proposal for the development will be presented to indicate the character of the buildings.
(8)
Exceptions. A list of requested exceptions to applicable Village ordinances.
C.
Village review. The Village staff and Plan Commission shall conduct an informal review of the planned unit development concept plan and supporting documentation and provide the applicant and the Village Board general comments on the following:
(1)
Compatibility of the proposal with applicable ordinances, plans, planning goals and objectives of the Village.
(2)
Appropriateness of the proposed land uses.
(3)
General layout of open space, streets, parking areas, lots and buildings.
(4)
Other information the Village staff or Plan Commission would recommend be prepared for the preliminary planned unit development plat phase.
§ 285-20-5 Preliminary PUD plat.
[Amended 9-16-2019 by FMC-2019-14]
A.
Purpose. The purpose of the preliminary PUD plat submission is to obtain approval from the Village that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plat and that any final plans will be approved, provided they substantially conform to the preliminary planned unit development plat. Approval of the preliminary planned unit development plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing final plans.
B.
Procedure. Not less than 45 days before the next available Plan Commission meeting, the applicant shall submit to the Zoning Administrator in electronic format the preliminary PUD plat, including an application on a form prescribed by the Zoning Administrator, the necessary fee established by the Village Board, and all of the information and documentation set forth below:
(1)
Detailed plan. A drawing of the planned unit development shall be prepared at a scale of not less than one inch equals 100 feet and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation 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 drawings and include:
(a)
Boundary lines - bearings and distances;
(b)
Easements - location, width and purpose;
(c)
Streets on and adjacent to the tract - street name, right-of-way width, existing or proposed center-line elevations, pavement type, walks, curbs, gutters, culverts, etc.;
(d)
Utilities on and adjacent to the tract - location, size and invert elevation 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 showing invert elevation of sewers;
(e)
Show one foot contours for the entire site; also show spot elevations at all breaks in grades along all drainage channels or swales and at points of special significant;
(f)
Subsurface conditions on the tract (if required by recommendation of Village staff or the Plan Commission during the preapplication and concept plan stages) - location and results of tests made to generally ascertain subsurface soil, rock and groundwater conditions; and depth of groundwater;
(g)
Other conditions on the tract - watercourses, floodplains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, accessory buildings and other significant features;
(h)
Other conditions on adjacent land - approximate direction and gradient of ground 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 show approximate percent of developed typical lot size and dwelling type;
(i)
Zoning - show zoning districts on and adjacent to the tract;
(j)
Proposed public improvements - highways or other major improvements planned by public authorities for future construction on or near the tract;
(k)
Open space - all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purposes indicated;
(l)
Structures - general location, purpose and height, in feet or stories, of each building other than single-family residences on individually platted lots;
(m)
Map data - name of development, name of site planned, North point, scale, date of preparation and acreage of site;
(n)
Traffic analysis/study providing for information on future improvements deemed necessary to serve the development;
(o)
Miscellaneous - such additional information as may be required by the Village staff, Plan Commission or Village Board based upon recommendations made during the preapplication and concept plan stages.
(2)
Objectives. A statement of planning objectives to be achieved by the planned unit 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.
(3)
Character. Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations and referencing the general benefits that will accrue to the public as a result of the planned unit development.
(4)
Ownership. Statement 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 or Registrar of Titles. Where title is held in a land trust or in a corporate name, the beneficiaries of said trust or the shareholder of said corporation shall also be disclosed. A certificate shall be furnished that there are no delinquent general taxes or special assessments constituting a lien on the whole or any part of the property.
(5)
Schedule. Development schedule indicating:
(a)
Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.
(b)
Approximate dates for beginning and completion of each stage.
(c)
If different land use types are planned to be included within the planned unit development, the schedule must include the mix of uses to be built in each stage.
(6)
Covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.
(7)
Density. Provide 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 the dwelling unit type.
(8)
Nonresidential use. Provide information on the type and amount of ancillary and nonresidential uses, including the amount of common open space.
(9)
Service facilities. Provide information on all service facilities and off-street parking facilities.
(10)
Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size and type of dwelling units. Plans shall also provide floor area of building types and total ground coverage of buildings.
(11)
Landscape plans. Preliminary plans for plant materials, earth sculpturing, berming and aesthetic features shall be submitted.
(12)
Facilities plans. Preliminary plans or information, adequate to indicate that the proposed development can be serviced, shall be submitted for:
(13)
School impact study. Provide information on the student load and financial impact on the local school districts, including expected scheduling of potential students.
(14)
Tax impact study. Provide information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project.
(15)
Traffic analysis. Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit development. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.
(16)
Market study. Provide an economic feasibility study of the proposed development, including information on land utilization and marketing potential. Evidence should be presented showing the need and feasibility of the proposed development. Evidence should be presented demonstrating the financial ability of the developer to complete the proposed development.
C.
Zoning Administrator review. Upon receipt of all the required submittals, the Zoning Administrator and members of staff designated by him or her shall review the preliminary planned unit development plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal's compatibility with the Village's planning objectives, ordinances, and other goals and policies for developing the Village.
D.
Plan Commission review. The Plan Commission shall conduct a public hearing in accordance with § 285-26-9 of the Flossmoor Zoning Ordinance. After the close of the public hearing, the Plan Commission shall recommend to the Village Board approval or denial of the preliminary planned unit development plat. The recommendation may include conditions of approval to be incorporated into final plans and supporting documentation.
E.
Village Board review. Subsequent to receiving the Plan Commission recommendations, the Village Board shall approve or deny the application for the preliminary planned unit development plat.
§ 285-20-6 Final PUD Plat.
[Amended 9-16-2019 by FMC-2019-14]
A.
Purpose. A final plat for the planned unit development, suitable for recording with the Cook County Recorder of Deeds, shall be prepared by the applicant for consideration and approval by the Village. The purpose of the final PUD plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The final plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the Village Board when approving the final PUD plat.
B.
Procedure. Not less than 45 days before the Plan Commission meeting, the applicant shall submit to the Zoning Administrator in an electronic format the final PUD plat, including an application on a form prescribed by the Zoning Administrator, the necessary fee established by the Village Board, and all of the information and documentation set forth below:
(1)
Final detailed plat. A final planned unit development plat, suitable for recording with the County Recorder of Deeds or Registrar of Titles, shall be prepared. The purposes of the final plat is to designate with precision the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The final plat shall include, but not be limited to:
(a)
An accurate legal description of the entire area under immediate development within the planned development;
(b)
A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat;
(c)
An accurate legal description of each separate unsubdivided use area, including common open space;
(d)
Designation of the exact location of all buildings to be constructed;
(e)
Certificates, seals and signatures required for the dedication of lands and recording of the document; and
(f)
Tabulation of separate unsubdivided use area, number of buildings, number of dwelling units and dwelling units per acre.
(2)
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 for the purpose of benefiting the owners and residents of the planned development or retained by the developer with legally binding guarantees, in a form approved by the Village Attorney, that the common open space will be permanently preserved as open area. 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.
(3)
Public facilities. All public facilities and improvements made necessary as a result of the planned unit development shall be constructed in accordance with the Village subdivision regulations, as amended. These regulations may require guarantees and bonds.
(4)
Construction plans. Detailed plans shall be submitted for the design, construction or installation of site amenities, including buildings, landscaping, lakes and other site improvements.
(5)
Construction schedule. A final construction schedule shall be submitted for that portion of the planned unit development for which approval is being requested.
(6)
Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development shall be recorded at the same time as the final planned unit development plat.
C.
Village Board review. Provided the final planned unit development plat complies in all material respects with the preliminary planned unit development plat approved in accordance with § 285-20-5, the Village Board shall approve it without further public hearing. In the event the final planned unit development plat does not comply in all material respects with the approved preliminary planned unit development plat, the Plan Commission shall conduct a public hearing on the final planned unit development plat and make recommendations to the Village Board in accordance with the procedures set forth in § 285-20-5. In such event, the Village Board shall approve or deny the final planned unit development plat after receipt of the recommendation made by the Plan Commission.
§ 285-20-7 Amendments to PUD.
[Amended 9-16-2019 by FMC-2019-14]
After approval of the final planned unit development plat, the use of land, construction, location of buildings and structures in the planned unit development shall be developed in accordance with such approved plans, rather than by any other provisions of the Flossmoor Zoning Ordinance. Any changes, modifications or alterations to the approved final planned unit development plat shall be considered either a minor or a major modification. No changes may be made to the approved final planned unit development plat unless approved by the Village. The nature of the requested change, either minor or major, to the planned unit development will be determined by the Village Manager, or designee, as follows:
A.
Major changes.
(1)
Changes which alter the concept or intent of the planned unit development, including increases in density, increases in the height of buildings, reductions of proposed open space, increases in total bedroom counts, changes in the development schedule, changes in road standards or changes in the final governing agreements, provisions or covenants, or other changes, may be approved only by submission of a new preliminary plan and/or final planned unit development plat and supporting data and following preliminary plan procedure.
B.
Minor changes. Minor changes shall be any change not defined as a major change. The Zoning Administrator may approve minor changes in the planned unit development.
C.
Recordation. All changes to the original final planned unit development plat shall be recorded with the County Recorder of Deeds or Registrar of Titles as amendments to the final plat or reflected in the recording of a new corrected final plat.
D.
Application for PUD amendments. For any modifications or changes resulting in an amendment to an approved final planned unit development plat, the applicant shall submit to the Zoning Administrator an application for amendment on forms prescribed by him or her along with all supporting information and documentation.
§ 285-20-8 Location.
[Added 9-16-2019 by FMC-2019-14]
The planned unit development is authorized as a special use in each of the residential zoning districts of this chapter.
§ 285-20-9 Standards.
[Added 9-16-2019 by FMC-2019-14]
The planned unit development must meet the following standards in lieu of the standards specified for special uses in § 285-26-9:
A.
Comprehensive plan. A planned unit development must conform with the intent and spirit of the planning objectives of the Village.
B.
Size and ownership. The site of the planned unit development must be under single ownership and/or unified control.
C.
Compatibility. The uses permitted in a planned unit development must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties.
D.
Need. The planned unit development must be of a character and contain such uses that are clearly needed in the service area of the proposed project.
E.
Space between residential buildings. The minimum horizontal distance between buildings shall be:
F.
Business uses. Up to 20% of the land area of a planned development in an R-7 Residential District may be devoted to business uses if need and compatibility are demonstrated. The business area shall comply with the substantive and procedural standards of the B-3 District.
G.
Parking requirements. Adequate parking shall be provided in accordance with Article XXIII of this chapter.
H.
Design standards. The provisions of the subdivision regulations of the Village shall apply to all planned developments.
I.
Other standards. The planned unit development may depart from strict conformance with site and structure requirements and other regulations for the standard zoning districts and other provisions of this chapter to the extent specified in the preliminary plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
[Amended 3-27-2023 by Ord. No. FMC 2023-3]
§ 285-20-10 Findings.
[Added 9-16-2019 by FMC-2019-14]
The Plan Commission, after holding any public hearing required by this article, shall submit its findings and recommendation to the Village Board. The findings and recommendation shall state specifically in which respects the proposed planned unit development would or would not be in the public interest, and shall include, but not be limited to, findings of fact on the following:
A.
In what respects the proposed planned unit development is consistent with the stated purpose of the planned unit development regulations set forth in this article.
B.
The extent to which the proposed planned unit development meets the requirements and standards of the planned unit development regulations set forth in this article.
C.
The extent to which the proposed planned unit development departs from the zoning and subdivision regulations of the Village otherwise applicable to the subject property, including but not limited to the density, dimension, area and bulk, and the reason why such departures are deemed to be in the public interest.
D.
The method by which the proposed planned unit development makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light and air, recreation and visual enjoyment.
E.
The relationship and compatibility of the proposed planned unit development to the adjacent properties and neighborhood.
F.
The desirability of the proposed planned unit development as regards to physical development, tax base and economic well-being of the Village.
G.
The impact of the proposed planned unit development on the environment.
H.
The conformity with the intent and spirit of the planning objectives of the Village.
§ 285-20-11 Conditions and guarantees.
[Added 9-16-2019 by FMC-2019-14]
Prior to the granting of any planned unit development, the Plan Commission may recommend, and the Village Board may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, improvement of the development and protection of the adjacent area. In all cases in which planned unit developments are granted, the Village Board may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the approval of the planned unit development are being, and will be, complied with.
§ 285-20-12 Fees.
[Added 9-16-2019 by FMC-2019-14]
The Village Board shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for planned unit developments, and other matters pertaining to this article. The schedule of fees shall be filed in Village Clerk's office and may be altered or amended only by the Village Board. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
§ 285-20-13 Effective period of planned unit development.
[Added 9-16-2019 by FMC-2019-14]
A.
The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions:
(1)
Final plat approval does not occur within 12 months from the date of approval of the preliminary plat of a planned unit development.
(2)
Construction does not commence and proceed within three years from the date of approval of the final plat of a planned unit development.
(3)
The Village Board may extend the time limits for final plat approval for no more than two twelve-month periods. Commencement of construction may also be extended by the Village Board in one-year increments.
B.
The Village Board may initiate or the owner of the parcel of land on which the planned unit development is to be constructed may apply for the revocation of the planned unit development. The owner shall be notified, in writing, at least 30 days prior to the Village Board's consideration of the revocation if initiated by the Village Board.
C.
The Village Board shall consider, but not be limited to, the following standards in review of the status of the project construction to determine whether there is reasonable cause for delay:
(1)
The original program of development with regard to market demand for the components included in the final plan;
(2)
Conditions in the real estate finance market;
(3)
General economic conditions in the local area, state or region;
(4)
The ability and purposefulness of development operations for the planned unit development; and
(5)
Laws, ordinances or other regulations that may have affected timely development of the project.
D.
Upon consideration of the findings by the Village Board regarding standards in Subsection C of this section, the Village Board shall decide whether:
(1)
To revoke those portions of the planned unit development for which construction has not begun;
(2)
To extend the time allotted for construction to commence based upon a revised schedule of construction; or
(3)
To require special changes in the planned unit development as a condition of a time extension, whereby such changes shall be deemed a "major change" to the planned unit development.
E.
Upon revocation of a planned unit development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district in which it is located unless an amendment or other special use is initiated by the Village Board or is applied for by the owner of the parcel of land on which the planned unit development was to be constructed and granted by the Village Board.