Planned developments (PD) are a special zoning approval intended to encourage and allow more creative and flexible development of land than is possible under district zoning regulations and should only be applied to further those applications that provide compensating amenities to the Village. The underlying zoning district dimensional, design, and use regulations apply to a PD unless specifically modified through the approval process. Through the flexibility of the planned development technique, a PD is intended to:

1.

Encourage flexibility in the development of land and in the design of structures.

2.

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this Ordinance.

3.

Allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning controls.

4.

Combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different uses in an innovative and functionally efficient manner.

5.

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, circulation patterns, and utilities.

6.

Encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective flooding, soil, drainage, and other natural ecologic conditions.

7.

Facilitate the implementation of adopted Village land use policies, particularly with respect to areas planned for potential redevelopment.

The entire property proposed for the planned development must be in single ownership or under unified control. All owners of the property must be included as joint applicants on all applications and all approvals will bind all owners.

A planned development is authorized in all zoning districts.

A.

A planned development is subject to the underlying district regulations, including use, unless an exception is specifically granted. The Zoning Board of Appeals may recommend and the Village Board may grant exceptions to the zoning district regulations, including use, for a planned development.

B.

Exceptions from district regulations may be granted for planned developments, if the exceptions:

1.

Enhance the overall merit of the planned development.

2.

Promote the objectives of both the Village and the development.

3.

Enhance the quality of the design of the structures and the site plan.

4.

Will not cause excessive adverse impact.

5.

Are compatible with adopted Village land use policies.

6.

Provide a public benefit to the Village, as described below.

C.

The underlying zoning district regulations, including use, apply unless an exception is granted as part of the planned development approval. In no case may an exception to district regulations be granted unless the applicant demonstrates a substantial benefit to the Village. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following:

1.

Community amenities including plazas, malls, formal gardens, and pedestrian facilities.

2.

Preservation of existing environmental features.

3.

Preservation of historic features.

4.

Open space and recreational amenities such as recreational open space, including accessory buildings, jogging trails and fitness courses, and playgrounds, dog parks, skate parks, and similar recreational features.

5.

Reduction of impervious surface throughout the development below the threshold required by the district.

6.

Adaptive reuse of existing buildings.

7.

Provision of public car and/or bike share facilities

8.

Affordable housing set-asides.

The following procedures, requirements, restrictions, and conditions are required. The approval of a planned development includes a pre-application consultation, preliminary plan approval, and final plan approval.

A.

Pre-application consultation.

1.

Prior to formal submittal of an application, a pre-application conference with the Zoning Administrator is required.

2.

At a pre-application consultation, the applicant must provide:

a.

A map (or maps) in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed, the location of all adjacent public streets, public utilities, and schematic drawings showing the size, character, and disposition of buildings on the site. A preliminary lighting plan and preliminary landscape plan shall also be provided showing the location and general description of lighting and landscape design.

b.

A summary of the public benefits and amenities and any anticipated exceptions to this Ordinance.

c.

A written statement containing a general explanation of the planned development, including a statement of the present ownership of all the land within said development and the expected schedule of construction.

d.

A preliminary plat, if available.

3.

The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of the preliminary plan, so that the applicant may determine whether the proposed planned development is in compliance with this Ordinance and other applicable regulations, and whether the proposed planned development aligns with the adopted land use policies of the Village.

4.

The pre-application conference does not require formal application, fee, or filing of a planned development application. Any opinions or advice provided by the Zoning Administrator or staff designee are in no way binding with respect to any official action that may be taken on the subsequent formal application. No decision will be made on the application.

B.

Preliminary plan. An application for a preliminary plan for a planned development must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Appeals. The Zoning Administrator, at their discretion, may allow an applicant to submit only a final plan based on the size and scope of the proposed planned development. In such case, the process will follow that of the preliminary plan.

1.

Action by the Zoning Board of Appeals.

a.

After receipt of a complete application, the Zoning Board of Appeals will consider the preliminary plan at a public hearing.

b.

Within thirty (30) days of the close of the public hearing, the Zoning Board of Appeals must forward its recommendation to the Village Board, unless an extension is agreed to by the applicant.

c.

The Zoning Board of Appeals must evaluate the preliminary plan based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning Board of Appeals must recommend approval, approval with conditions, or denial of the preliminary plan.

2.

Action by Village Board. The Village Board will review the preliminary plan upon receipt of the Zoning Board of Appeals recommendation, and must approve, approve with conditions, deny the preliminary plan, or send the preliminary plan back to the Zoning Board of Appeals for further consideration.

3.

Conditions. The Zoning Board of Appeals may recommend and the Village Board may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned development as may be deemed necessary for the protection of the public health, safety, and welfare. Such conditions and restrictions must be reflected in the final plan.

4.

Approval standards. The recommendation of the Zoning Board of Appeals and decision of the Village Board must make a finding that the following standards for a planned development have generally been met.

a.

The proposed planned development meets the purpose of a planned development.

b.

The proposed planned development will not impede the normal and orderly development and improvement of surrounding property.

c.

There is provision for adequate utilities and infrastructure, drainage, off-street parking and loading, pedestrian access, and all other necessary facilities.

d.

There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets. A traffic study may be required to provide evidence that the circulation system is adequate.

e.

The location and arrangement of structures, parking areas, walks, landscape, lighting, and other site design elements, are compatible with the surrounding neighborhood and adjacent land uses.

5.

Expiration.

a.

The preliminary plan approval expires if a complete application for approval of a final plan has not been filed within one year after the date the Village Board grants preliminary plan approval. As part of the approval of the preliminary plan, the Village Board may extend this period of time including approval of a phasing plan where the validity period is longer than one year for the planned development.

b.

An extension of this one year period may also be granted by the Village Board if the applicant requests an extension in writing prior to the expiration date of the approval. A public hearing for an extension of time of a preliminary plan is not required.

C.

Final plan. Following the approval of the preliminary plan, an application for a final plan for a planned development must be filed with the Zoning Administrator.

1.

Action by Zoning Administrator. The Zoning Administrator will review the final plan upon receipt of the complete final plan application and take the following action:

a.

If the final plan is in substantial compliance with the approved preliminary plan, the Zoning Administrator will recommend approval of the final plan to the Zoning Board of Appeals. The Zoning Administrator will certify to the Zoning Board of Appeals that the final plan is in substantial conformance with the previously filed preliminary plan.

b.

If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator must inform the applicant as to specific areas found not to be in compliance, and the applicant must resubmit the final plan to the Zoning Administrator with changes to those areas found not to be in substantial compliance and the validity of the preliminary plan remains in effect. If the revised final plan remains noncompliant with the preliminary plan, the applicant may request that the Zoning Administrator render a decision to be forwarded to the Zoning Board of Appeals. In such case, the Zoning Administrator will recommend to the Zoning Board of Appeals that the final plan be denied and the plan and recommendation will be forwarded to the Plan and Zoning Commission.

2.

Action by Zoning Board of Appeals. Upon receipt of the Zoning Administrator recommendation, the Zoning Board of Appeals must review the final plan. The Zoning Board of Appeals must approve or deny the final plan. If denied, the applicant may reapply by submitting a new final plan and the validity of the preliminary plan remains in effect. Alternatively, the applicant may submit the final plan as a new preliminary plan at the preliminary plan stage.

3.

Effect of approval. After final plan approval, the final plan will constitute the development regulations applicable to the subject property. The planned development must be developed in accordance with the final plan, rather than the zoning district regulations otherwise applicable to the property. Violation of any condition is a violation of this Ordinance and constitutes grounds for revocation of all approvals granted for the planned development.

4.

Expiration. The final plan approval expires if a building permit has not been issued within two (2) years after the date of final plan approval. As part of the Zoning Board of Appeals approval of the final plan, the Zoning Board of Appeals may extend this period of time including approval of a phasing plan where the validity period is longer than two (2) years for the PD.

No adjustments may be made to the approved final plan, except upon application to the Village in accordance with the following.

A.

Administrative modifications. The Zoning Administrator may approve the following administrative modifications to an approved final plan when it is determined by the Zoning Administrator that such changes are in substantial conformance with the approved final plan. Any changes considered a minor or major modification, as defined in this section, cannot be approved as an administrative modification. The Zoning Administrator, at his/her sole discretion, may choose to classify a modification that meets the criteria of this section as a minor modification to be approved by the Zoning Board of Appeals. No notice is required for an administrative modification.

1.

Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation, to be confirmed by the Village Engineer.

2.

Changes in building location of no more than ten (10) feet that continue to meet the requirements of this Ordinance and any conditions of the final plan approval.

3.

Changes in the location of walkways, vehicle circulation ways, and parking areas of up to ten (10) feet that continue to meet the requirements of this Ordinance and any conditions of the final plan approval.

4.

Changes to a structure that do not increase the building footprint, gross floor area, or height.

5.

Changes in building design, including building materials, that continue to meet the requirements of this Ordinance and any conditions of the final plan approval.

6.

Modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Ordinance.

7.

Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and conform with all landscape requirements of this Ordinance.

8.

Modification of existing signs or the addition of new signs when in conformance with sign regulations.

B.

Minor modifications. The Zoning Board of Appeals may approve the following minor modifications to an approved final plan when it is determined by the Zoning Board of Appeals that such changes are in general conformance with the approved final plan. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification. The Zoning Board of Appeals, at its sole discretion, may choose to classify a modification that meets the criteria of this section as a major modification to be approved by the Village Board. No notice is required for a minor modification. When calculating percentages, all fractions are rounded up to the nearest whole number.

1.

An increase or decrease in building height of up to ten (10) percent.

2.

An increase or decrease in building coverage up to ten (10) percent.

3.

A change of in the location of walkways, vehicle circulation ways, and parking areas over ten (10) and up to twenty (20) feet.

4.

An increase or decrease in the number of parking spaces of up to twenty (20) parking spaces.

5.

A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this Ordinance.

6.

Altering any final grade by no more than twenty (20) percent of the originally planned grade.

C.

Major modifications.

1.

The Village Board may approve any other changes to an approved final plan that do not qualify as an administrative or minor modification. In addition, any of the following are considered major modifications:

a.

Any request for an extension of time of the approved final plan.

b.

Changes to any conditions imposed as part of the approved final plan.

c.

Reductions or alterations in the approved public benefit and amenities to be provided.

d.

Any development action that does not comply with zoning district regulations.

2.

All major modifications to the final plan must be approved by the Village Board in a public hearing. The Village Board may only approve changes to the final plan if they find such changes are in general conformance with the approved final plan, necessary for the continued successful functioning of the planned development, respond to changes in conditions that have occurred since the final plan was approved, and/or respond to changes in adopted Village land use policies.

3.

Upon review of the proposed major modifications, the Village Board may determine that the proposed modifications constitute a new planned development and the final plan must be resubmitted as a preliminary plan and follow the procedures of approval in this Section. The applicant may submit the final plan as a new preliminary plan at the preliminary plan stage.