The planned unit development special use is a concept which encourages improved design in the development of land by providing relief from the standards established for districts. The concept provides for a mixture of uses otherwise permitted only in separate zones and for a more flexible use of development standards, including yards, height and bulk regulations based on design excellence and improved performance, so that the following objectives may be attained:

   (A)   Environmental design in the development of land that is better than that normally attainable through the strict application of the Zoning Ordinance subdivision regulations contained in this Chapter.

   (B)   Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive unified projects.

   (C)   Provision for functional aesthetic and beneficial use of open areas for both public and private uses, including both active and passive forms of recreation.

   (D)   Preservation of the natural environment and the conservation of significant natural areas.

   (E)   Provision for a safe and desirable living environment for residential areas characterized by a unified building and site development program.

   (F)   Provision for the unified development and redevelopment of business, commercial, industrial and manufacturing centers while maintaining appropriate buffers between such centers and adjacent residential areas through the establishment of transitional uses and the use of landscaping and open areas.

   (G)   Rational and economic development on a scale consistent with the Village's ability to provide needed public services. (Ord. 93-13, 8-10-1993)

A planned unit development, if granted, shall be granted as a special use and shall be subject to the provisions of Chapter 18 of this Title, except that the procedures described in this Chapter 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 this Title, or a provision of this Chapter and any other ordinance of the Village, the provisions of this Chapter shall prevail.

All applications for planned use development shall be made in accordance with the following procedures and shall be accompanied by the required plats, documents, detailed plans, drawings and other information as specified by this Chapter 12.

   (A)   Pre-Application Conference: Prior to filing an application for a planned unit development, the applicant may, but need not, request a pre-application conference with the Zoning Board pursuant to the following procedures:

      1.   The applicant shall request in a letter addressed to the Village Board that a pre-application conference be scheduled with the Zoning Board.

      2.   The letter shall contain a brief description of the proposed development including:

         (a)   Description of the site, including the common address, legal description, name of owner of record, location of streets on and adjoining the site and location of watercourses and drainageways on or adjoining the site.

         (b)   Description of the proposed development, including the number and type of dwelling units; number and type of other principal uses, number and type of accessory uses, park and recreational open space acreage and development schedule.

         (c)   Identification of the owner and applicant and the principal members of their design team.

      3.   The Village Board shall forward the request to the Zoning Board with instructions to hold a pre-application conference with the applicant.

      4.   The purpose of the conference shall be two-fold:

         (a)   The applicant shall present a brief description of the proposed planned unit development to the Zoning Board.

         (b)   The Zoning Board shall review with applicant any plans, current planning programs, other proposed land developments of the area surrounding the proposed development, and the ordinances and policies of the Village relative to the regulation of land development.

      5.   The conference shall be a public meeting and all members of the Village Board and other boards and districts are encouraged to attend. The pre-application conference may be held at either a regular or special meeting of the Zoning Board.

   (B)   Application: Within twelve (12) months of the pre-application conference, the applicant may file a petition and application for preliminary plan approval which, once approved, will take the form of a special use permit for a planned unit development. The procedures and requirements herein shall govern the submission, review and approval of the application, notwithstanding the regulations of Chapter 18 of the Zoning Ordinance as they pertain to special uses generally. The application shall not be considered complete unless it is accompanied by all documentation required by Section 10-13-4 of this Chapter and by payment of all required fees.

   (C)   Review Of The Preliminary Plan:

      1.   The Village shall send copies of the complete application to: a) its planning consultant for review of the development plans; b) the Village engineer to assess the impact of the proposed development on traffic in the Village; and c) the Village attorney to review the application and all legal documents.

      2.   Upon receipt of a completed application, the Zoning Board shall hold a public meeting for the purpose of hearing a presentation by the petitioner of the proposed planned unit development, subject to the following:

         (a)   The meeting may be either a regular meeting of the Zoning Board or a special meeting called for the purpose of hearing the applicant's presentation. The meeting shall not be considered a public hearing.

         (b)   Thirty (30) days' public notice of the time, place and subject of the meeting shall be given. Other notice shall be sent to the Village Board.

         (c)   All documents required as part of the application shall be displayed at the meeting.

   (D)   Public Hearing: Within sixty (60) days of the completion of the foregoing presentation to the Zoning Board, the Zoning Board shall schedule a public hearing as follows:

      1.   The hearing shall be before the Zoning Board, with the applicant giving notice as provided by statute for special uses.

      2.   Any resident of the Village, and all others as provided by law, shall have standing at the hearing and present testimony. All witnesses shall be sworn.

      3.   The reports of any outside consultants, including those required in subsection (C)1 above, shall be made a part of the record and shall be available for inspection at the Village Hall prior to and at the time of the hearing.

      4.   Both proponents and opponents of the petition, if represented by counsel, shall be entitled to examine witnesses.

      5.   The hearing may be continued from time to time by agreement of the parties and as provided by law.

      6.   A record of the hearing shall be made.

   (E)   Report To The Village Board: Within sixty (60) days of the completion of the public hearing, the Zoning Board shall submit a written report to the Village Board as follows:

      1.   The report shall contain findings of fact relative to the conformance of the preliminary plan of the proposed planned unit development to the objectives, purposes and requirements of the Zoning Ordinance.

      2.   The report shall include a recommendation to the Village Board for approval of the petition, approval subject to conditions or denial of the petition.

      3.   If the report recommends approval subject to conditions, the conditions of such recommendation shall be specified, including any variations from the standards established by the Zoning Ordinance.

      4.   The report shall include, by reference, the reports of all outside consultants and the record made of the hearing.

   (F)   Village Board Approval: Within sixty (60) days after receiving the report from the Zoning Board, the Village Board may approve, modify or disapprove the preliminary plan, or may refer the matter back to the Zoning Board for further consideration. If the Village Board does not act finally on the preliminary plan submission within sixty (60) days of its receipt of the Zoning Board's report, the preliminary plan shall be deemed to have been denied unless an extension is requested by the petitioner and granted by the Village Board. In the case of approval, or approval with modifications, the Village Board shall pass an ordinance granting the special use and amending the Official Zoning Map of the Village. Approval of a preliminary plan shall not constitute approval of the final plan and shall not entitle the applicant to a building permit. 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.

   (G)   Final Plans: Within one year of the approval of the preliminary plan, the applicant shall file final plans with the Zoning Board as follows:

      1.   Final plans including engineering plans, phasing plans, architectural plans, plats and surveys shall conform to the approved preliminary plan.

      2.   Final plans may be submitted for portions of the development provided that each stage shall contain a proportionate amount of any open spaces, dedicated public lands or other amenities. The filing of final plans for a stage of development in any year shall automatically extend the special use permit for another year.

      3.   The Zoning Board shall review the final plans for conformance with the approved preliminary plan and shall approve the final plan prior to the issuance of a building permit.

   (H)   Amendments:

      1.   Preliminary plans may be amended at any time by filing a petition to amend accompanied by only those documents which require changes due to the amendment. Except as provided in the following subsection (H)2, an amendment shall be subject to the same procedures as the preliminary plan application. Amended portions of the planned unit development shall become a part of the special use permit, pursuant to ordinance.

      2.   Due to fluctuations in the real estate market, the developer may desire to vary architectural treatment or make minor changes in site planning. The Zoning Board shall review such changes prior to accepting a plan for final approval. If requested changes do not significantly alter the economic, population or school impact data, and, if the changes are considered an improvement to the plan, the final plan may be changed without requiring further public hearings.

   (I)   Fees: The petitioner shall pay such fees as established by ordinance of the Village, including fees to cover expenses incurred by the Village in obtaining outside consultation in the review and plan documents as provided in subsection (C)1 above. (Ord. 93-13, 8-10-1993)

No planned unit development shall be authorized unless the Village Board finds that the following general standards are met:

   (A)   Size: 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 two (2) acres. Provided, however, that a B-1 or B-2 business planned unit development must have a minimum site area of at least two (2) lots.

   (B)   Compatibility: The uses permitted in the planned unit development shall be compatible with the uses immediately adjacent to the site and not of such a nature, of such density or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

   (C)   Unique Features: The site plan shall effectively treat the developmental possibilities of the subject property, making appropriate provisions for the preservation of waterways, wooded areas, scenic views, flood plain areas, and similar physical features.

   (D)   Bulk Requirements: Except as otherwise provided in this Chapter, the planned unit development shall comply with the bulk requirements of the zoning district in which it is located, unless specifically varied by the Village Board after recommendation of the Zoning Board.

   (E)   Parking Requirements: Adequate parking shall be provided as required by Chapter 12 of this Title unless specifically varied by the Village Board after recommendation of the Zoning Board.

   (F)   Traffic Control: 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 safely 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 safely serve the uses located in the proposed development. Traffic-control signals will be provided without expense to the Village when the Village Board determines that such signals are required to prevent traffic hazards or congestion in adjacent streets.

   (G)   Open Spaces: 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 Village Board whenever a substantial amount of the land of the planned unit development is proposed for development as single-family residential units.

   (H)   Yards And Spaces Between Buildings:

      1.   The required yards or setbacks along the periphery of the planned unit development, along with the use of such yards for parking or other purposes may be modified within the ordinance granting the planned unit development special use so long as due consideration is given to the effect of such modifications upon the healthful environment and peaceful enjoyment of properties of the adjacent property owners. The required yards or setback may receive modifications of up to fifty percent (50%) of the standards set forth in the underlying zoning districts.

      2.   Buildings of more than twenty four feet (24') in height shall provide a setback from any property line that is at least equal to the height of such buildings.

      3.   No minimum horizontal distance between buildings is established; provided, however, that good planning standards shall be followed and that there is sufficient space between buildings to provide for adequate fire protection.

   (I)   Landscape And Planting: Landscaping and plantings shall be considered a key element in the design of a planned unit development. Wherever possible, landscaping and planting shall be used to create transitions, buffers and screens, including the following criteria:

      1.   Buffers such as earth mounds, berms, screen plantings, fences or screens may be required.

      2.   Facilities for the storage or pickup of refuse shall be screened and covered.

      3.   Privacy areas may be delineated with fences, plant materials, berms, or a combination of such elements.

      4.   Existing features such as large trees or unique vistas should be preserved or enhanced wherever possible.

   (J)   Variances From Zoning District Standards: 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 Village.

   (K)   Signs: All signs in the planned development shall comply with the sign regulations applicable to the zoning district in which the development is located.

   (L)   Performance Standards: All planned business, office, manufacturing or industrial developments shall comply with the performance standards specified by Section 10-8-10 of Chapter 8 of this Title.

   (M)   Utilities: All of the planned unit developments shall provide for underground installation of utilities (including electricity and telephone) 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.

   (N)   Ownership: The site of the planned unit development must be under single ownership or unified control. (Ord. 93-13, 8-10-1993)

Unless waived by the Village Board, the development plans and supporting data shall include at least the information specified in Sections 10-13-5 through 10-13-8 of this Title. The Village Board, Zoning Board and any other Village official or department reviewing the PUD may request such additional information deemed applicable to a particular development. (Ord. 93-13, 8-10-1993)

   (A)   General Site Information: Data regarding the 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 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 other regulations of the Village which are sought for the particular development. (Ord. 93-13, 8-10-1993)

A conceptual plan is to be submitted only where the preliminary plan will be submitted in stages. The conceptual plan is a drawing of the development 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 overall land use pattern, general circulation system, open space or park system and major features of the development. The conceptual plan shall be in lieu of the site plan provided for in Section 10-13-7, below. In all other respects, the conceptual plan documentation shall be the same as that required for the preliminary plan stage. (Ord. 93-13, 8-10-1993)

The following documents shall accompany all applications for approval of a preliminary plan:

   (A)   Boundary survey of the property prepared by a registered Illinois land surveyor.

   (B)   Legal description of the property.

   (C)   The owner's name and address, including the beneficiary of any trust as owner.

   (D)   A site plan of the property drawn to scale showing:

      1.   Topographic contours at an interval of not more than two feet (2').

      2.   The boundary of any flood plain extending onto the property.

      3.   The boundary of any flood table land extending onto the property.

      4.   Subsurface conditions on the site; if required by the Village Engineer, with location and results of tests made to generally ascertain subsurface soil, rock and groundwater depth and results of soil percolation tests if individual sewage disposal systems are proposed.

      5.   Other conditions on the site, such as watercourses, floodplains, marshes, rock out-crops, wooded areas, isolated preservable trees with trunks one foot (1') or more in diameter, houses, barns, accessory buildings, and other significant features.

   (E)   A preliminary plan of the proposed development drawn to scale and showing:

      1.   All structures and building areas, their use, and their approximate dimensions, including height.

      2.   All circulation improvements including parks, walks, streets, parking areas, loading areas, drives and streets.

      3.   Conservation areas, open spaces, parks, playgrounds and similar uses.

      4.   Recreation facilities.

      5.   Landscape and planting plan.

      6.   Location and size of utilities on and adjacent to the site.

      7.   Proposed public improvements, including roads, streets and utility structures.

      8.   Phasing plan that identifies the sequence of development areas and a balanced number and type of structures and open space in each phase.

   (F)   A planning report, including maps and plans where necessary for a clear understanding of the proposed development covering the following:

      1.   A development summary including:

         (a)   Number, size and type of housing units.

         (b)   Number, size and type of business or commercial uses.

         (c)   Number, size and type of manufacturing or industrial uses.

      2.   Estimates of the resident population by the following age categories: pre-school, kindergarten through eighth grade, high school and adult.

      3.   Estimates of the peak user population for all nonresidential uses with an estimate of the date, time, frequency of peak use.

      4.   A brief summary of the environmental assessment as required by the Village.

      5.   An assessment of the economic impact that the proposed development will have on the community, Municipal finances (tax impact) and on the school districts in which the development is located.

      6.   A brief explanation of the planning and design principles followed in the preparation of the development plan.

      7.   Identification of any variations from the Zoning Ordinance required to accomplish the development plan or otherwise contained in or shown on the development plan.

   (G)   Drafts of any restrictive covenants, agreements, association by-laws, condominium declarations or similar instruments designed to regulate the use of the property or provide for its maintenance.

   (H)   Preliminary architectural plans and renderings of housing types and other principal uses.

   (I)   Planning reports shall be provided to school districts for review and comment at the public hearing. Where school donations are required, the Village shall be informed and appropriate arrangements made to assure receipt of funds prior to student impact. (Ord. 93-13, 8-10-1993)

The following documents shall accompany all applications for final plan approval:

   (A)   Final Detailed Plan: A final plat suitable for recording with the County Recorder of Deeds, 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, including but not limited to the following:

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

         (b)   Location, dimensions and acreage of all proposed land uses; and

         (c)   Location and dimension of proposed sidewalks, streets, easements and storm water control areas.

      4.   An accurate legal description of each separate subdivided 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, number of dwelling units per acre.

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

   (B)   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 completion of construction of the required improvements. Such document of security shall be in the form of an irrevocable letter of credit or such other form as may be approved by the Village Attorney and shall be payable to the Village in an amount sufficient to complete construction, plus an additional percentage, asset by the Village Engineer.

   (C)   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.

   (D)   Final Schedule: Final development and construction schedule, including construction and dedication of public improvements.

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

   (F)   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.

   (G)   Miscellaneous: Such other information and data the Zoning Board may require for full and complete consideration of the planned unit development. (Ord. 93-13, 8-10-1993)

   PERMITTED USES IN PLANNED DEVELOPMENTS

 

(Ord. 93-13, 8-10-1993)