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Fox Point Village City Zoning Code

§ 745-21

PDO Planned Development Overlay District.

A. 
Intent. The regulations of this district are intended to allow for greater flexibility, variety of use, and design freedom than would be permitted by the standard application of basic district regulations, in the case of tracts of land of suitable size and appropriate location, where the unified and planned development of such tract and the increased flexibility, variety of use and design freedom would achieve optimum utilization of the site and produce a more aesthetically satisfying and economically desirable development than would result from the application of basic district controls.
B. 
Application of regulations.
(1) 
The regulations herein set forth shall be made effective as an "overlay" of permitted use upon the basic district to permit the planned development pursuant to the provisions herein set forth.
(2) 
Individual uses and structures as permitted and regulated by the basic zoning district shall continue to be subject to the regulations as already established unless they are part of a proposed planned development.
(3) 
Individual uses and structures in a planned development shall not be subject to the specific building location, size, yard, lot size, and open space requirements of the underlying basic district but shall be subject to the regulations hereinafter set forth governing such project.
(4) 
Normal standards relative to road design or other engineering matters may be modified in a planned development consistent with good engineering practice.
C. 
Procedure.
(1) 
Pre-petition conference. Prior to official submittal of a petition for consideration of a planned project, the petitioner shall meet with the Plan Commission for a preliminary discussion as to the scope and nature of the proposed development. The applicant shall pay a fee as described in Chapter 63 of this Code prior to the pre-petition conference.
(2) 
Petition. Following the preliminary consultation with the Plan Commission, petition may be made to the Village Board by the owner, or his agent, of property proposed for such development for the approval of a specific project plan under the provisions of these regulations. Such petition shall be accompanied by the following information:
(a) 
A statement describing the general character of the intended development along with such other information as would be pertinent to a determination as to the suitability and desirability of granting the proposed planned development on the particular site.
(b) 
A general development plan of the project showing at least the following information and such additional information as may be required by the Plan Commission in a specific situation in sufficient detail to allow the Plan Commission and the Village Board to apply the criteria for approval as hereinafter set forth:
[1] 
An accurate map of the project area, including its relationship to surrounding properties.
[2] 
Statistical data on total size of project area, area of open space, density computation and proposed number of residential units, population analysis, market analysis, economic analysis, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
[3] 
The pattern of public and private roads, driveways, and parking facilities, and intended design standards.
[4] 
The size, arrangement, and location of lots or of proposed building groups.
[5] 
The type, size and location of structures.
[6] 
The location of sewer and water facilities, drainage facilities, stormwater retention or detention basins, and any and all plans to control or reduce flooding on the subject site, and from the subject site to any and all areas on or off the site, whether within or without the corporate limits of the Village.
[7] 
Architectural drawings and sketches illustrating the design and character of proposed structures.
[8] 
The location of recreational and open space areas and areas reserved or dedicated for public uses such as school, park, etc.
[9] 
General landscape treatment.
[10] 
Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes.
[11] 
General outline of intended organizational structure related to property owners' association, deed restrictions, and provision of services.
[12] 
Garbage, recyclable materials, yard waste, or hazardous material collection, storage and pickup facility plans.
(c) 
A general summary of financial factors such as value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price, and total anticipated development cost of the project.
(3) 
Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study and investigation, including informal hearing if deemed necessary. The Plan Commission shall make its recommendation to the Village Board as to the appropriateness and desirability of the proposed development plans, and any changes or additional conditions applicable to such plans which it may feel necessary or appropriate.
(4) 
Public hearing. Upon receipt of the Plan Commission's recommendation, the Village Board shall before taking affirmative action to approve such petition hold a public hearing on the proposal. Notice for such hearing shall include reference to the consideration of the specific proposed project development plans.
D. 
Permitted uses.
(1) 
Any use permitted in the basic zoning district shall be permitted in a planned development.
(2) 
Attached single-family and multiple-family dwellings with appropriate quality and character may be permitted in a planned development.
(3) 
In addition to accessory uses permitted in the basic zoning district, such uses as a swimming or other recreational area, pavilion or similar use designed as an accessory amenity to the planned development may be permitted.
(4) 
When the planned development consists in whole or in part of residential units, each residential unit shall be occupied by only one family.
(5) 
The owner of property that is zoned for residential use and PDO Planned Development Overlay under this section may use a limited portion of such property for limited commercial office use upon initial and continuing compliance with all of the following requirements:
(a) 
The improvements to the subject property must include 250 or more residential dwelling units;
(b) 
No more than one unit of average size on the subject property shall be used for commercial office purposes, and such office operations are restricted to the interior of said unit;
(c) 
No exterior commercial sign(s) or interior sign(s) visible from the exterior shall be maintained on the subject property for the benefit of the commercial office purpose;
(d) 
The proposed commercial office use must not be incompatible with the residential use of the subject property as determined by the Village Board;
(e) 
The commercial office use must be owned and operated by the owner of the subject property;
(f) 
The requested office use must be expressly provided for within the development agreement required under Subsection F of this section or an amendment to such agreement that sets forth operational limitations, including, but not limited to, hours of operation and number of employees.
E. 
Basis for approval. The Plan Commission in making its recommendations and the Village Board in making its determination shall give consideration and satisfy themselves to the following:
(1) 
That the proposed development is consistent with the spirit and intent of this chapter, is in conformity with the general character of the Village and would not be contrary to the general welfare and economic prosperity of the Village or of the immediate neighborhood, but rather that the benefit from improved design of the resultant development justifies the variation from the normal requirements of this chapter through the approval of a planned development.
(2) 
That the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following the approval of the project, that the project appears economically sound, that the proponents of the proposed development have the financial capacity to carry out the project as proposed and intend to commence and complete construction within a reasonable time from the date of approval.
(3) 
That the size, quality and architectural design of all buildings within the project will be compatible with the general character of the Village and specifically to the surrounding neighborhood. To arrive at such determination, the recommendation of the Building Board shall be obtained prior to the Plan Commission's report to the Village Board. Approval of individual building plans by the Building Board is not supplanted by this section.
(4) 
That the specific project plans have been prepared with competent professional advice and guidance.
(5) 
That setbacks shall be maintained along any boundary street of the project area as required by the basic zoning district.
(6) 
That no building shall be permitted closer to a side or rear boundary line of the project area than required by the applicable side or rear yard requirements of the adjoining zoning district abutting along a side or rear property line of the project.
(7) 
That no building shall exceed the height limitation of the basic zoning district.
(8) 
In the case of proposed residential developments:
(a) 
That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character of the Village and where the economic impact of the development in terms of income levels, property values, and service demands is substantially as beneficial to the community as that which could be anticipated under the basic zoning.
(b) 
That the population composition of the development will not substantially alter adversely the impact upon school or other municipal service requirements as anticipated under the basic zoning.
(c) 
That the project will not create traffic beyond the capacity of the street system to serve it, and shall provide adequate off-street parking based upon the need generated by the development.
(d) 
That the total average residential density of the planned development based upon the specific design characteristics of the development proposed will be compatible with the previously stated criteria. Specifically, the allowable density for a given development shall be computed by dividing the gross area of the proposed development exclusive of existing public right-of-way by the appropriate density factor as follows:
[1] 
Single-family dwelling: 10,000 square feet per dwelling.
[2] 
Single family attached or multiple-family dwellings as follows:
[a] 
One-bedroom: 4,000 square feet per dwelling unit.
[b] 
Two-bedroom: 4,500 square feet per dwelling unit.
[c] 
Three-bedroom: 5,000 square feet per dwelling unit.
(e) 
Where the proposed development area includes more than one dwelling type, the density computation shall be made on the basis of the proportionate ratio involved. An increase in the computed allowable maximum density not to exceed 20% may be permitted as an incentive reward where in the opinion of the Plan Commission the character and quality of the development and of the amenities provided justify the additional density allowance.
(f) 
That the plan would result in the preservation of open land in a manner which would enhance the total environmental setting and desirability of the development and compensate for any reduction in individual lot area requirements which are allowed.
(g) 
That adequate guarantee is provided for permanent preservation of the residual common open land area resulting from the application of these regulations by private reservation, as an enhancement to the development.
(h) 
The common open area to be reserved shall be protected against building development by conveying to the municipality as part of the conditions for project approval an open space easement over such common open areas restricting them against any future building or use except as is consistent with that of providing natural or landscaped open space for the esthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Village Board following approval of building, site, and operational plans by the Plan Commission and the Building Board.
(i) 
The care and maintenance of such common open space reservations shall be insured either by establishment of appropriate management organization for the project or by agreement with the municipality for establishment of a special service district for the project area on the basis of which the municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case, the Village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the Village. The manner of assuring maintenance and assessing such cost to the individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.
(j) 
Ownership and tax liability of private common open space reservations shall be established in a manner acceptable to the municipality and made a part of the conditions of the plan approval.
(9) 
In case of proposed commercial developments:
(a) 
That the economic practicality of the proposed development can be justified on the basis of purchasing potential, competitive relationship and demonstrated tenant interest.
(b) 
That the proposed development will be adequately served by off-street parking and truck service facilities.
(c) 
That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an effect upon the general traffic pattern of the area substantially incompatible with that anticipated under the basic zoning.
(d) 
That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not creating a substantially adverse effect upon the property values of the surrounding neighborhood.
F. 
Determination.
(1) 
The Village Board, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions. Such approval shall constitute approval of the specific project development plan.
(2) 
The approval of a planned development shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved, as well as all other commitments offered or required as regard to project value, character, or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the official submittal plan. Detailed construction and engineering need not necessarily be completed at the time the project is approved but the approval of such preliminary plans is conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.
(3) 
The developer shall enter into an appropriate development agreement, in recordable form, with the Village to guarantee the implementation and continued maintenance of the development according to the terms of the conditions established as part of the development plan approval. Any change or modifications to such approvals or the development itself shall be accompanied by an amendment to the development agreement in recordable form, which amendment shall leave in full force and effect all prior development contract terms not specifically amended. Such contracts shall be binding upon the developer's successors and assigns and shall run with the land.
(4) 
Any subsequent change or addition to an approved plan shall first be submitted for approval to the Plan Commission, and if in the Commission's opinion such change or addition is not substantial, it may recommend approval to the Village Board. If such change or addition is construed to be substantial, a public hearing shall be held prior to affirmative action by the Village Board on such recommendation.
(5) 
Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the Plan Commission and answer any such charge of noncompliance. If the Plan Commission finds the charges substantiated, they shall then submit to the Village Board recommendations as to specific steps to be taken to terminate the development as rapidly as possible if the situation is not satisfactorily adjusted within a specific period. Such a termination should be in a manner which will achieve the maximum degree of the intended development objectives consistent with environmental compatibility with the neighborhood and with the general welfare of the community.
G. 
Signage.
(1) 
Where the planned development is a residential use, signs for the purpose of identification of the development may be erected and maintained in conformity with the procedure, requirements and standards set forth in Chapter 540 for signs in an institutional district.
(2) 
Where the planned development use is commercial, signs or other devices for advertising the business conducted on the premises may be erected and maintained in conformity with the procedure, requirements and standards set forth in Chapter 540 for signs in a business district.
(3) 
Signs indicating that a lot, parcel of real estate, or building is for sale or lease or has been sold may be erected and maintained in conformity with the procedure, requirements and standards set forth in §§ 540-4 and 540-5, except that each for sale or lease sign may have a total area of not to exceed 32 square feet.