Because a large scale business planned development includes multiple principal uses that would otherwise require classification of the subject property into two (2) or more standard zoning districts in the village, a proposal for such a development would present to both the village and the developer planning difficulties and problems if it were to be classified as a special use in any one standard zoning district. The purpose of this article is to avoid said difficulties and problems, and to better accomplish the purposes and objectives set forth in this article, by providing for the creation of a separate zoning classification for, regulations for, and procedures for review and approval of, large scale business planned developments in the village.

The additional purposes of the large scale business planned development regulations are as follows:

   A.   To encourage and allow for the development of large areas within the village of Hampshire under unified control and proposing an appropriate mixture of uses, including office, retail, commercial, service, research-development, industrial and residential, combined in a single, integrated development project.

   B.   To provide the village of Hampshire control over various aspects of such developments which would not be available to it under other district zoning regulations.

   C.   To encourage and allow more creative and imaginative design for such large developments than would be possible under district zoning regulations.

   D.   To obtain the preservation of natural site qualities, facilities and open space within the community.

   E.   To promote economic opportunities within the community.

   F.   To provide for more efficient use of the land to be developed in such developments. (Ord. 04-05, 2-19-2004)

The following objectives may be obtained by the creation of a zoning district, regulations, and procedure for review and approval of applications for development of a large scale business planned development:

   A.   To permit a maximum choice in the types of conditions available to business within the village by allowing a development that would not be possible under the strict application of the other sections of this chapter;

   B.   To promote a creative approach to the use of the land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities;

   C.   To combine and coordinate architectural styles, building forms and building relationships with a possible mixing of different urban uses in an innovative land use design;

   D.   To provide for the prevention and/or control of soil erosion, surface flooding, and the preservation of subsurface water;

   E.   To create an environment that promotes the economic welfare of the community and benefits the owners within the development and/or the general public;

   F.   To promote the more efficient use of large tracts of land for primarily economic opportunities in the village, resulting in more practical networks of streets, utilities, and other facilities; and

   G.   To encourage land use patterns which promote the public health, safety, comfort, morals, and general welfare. (Ord. 04-05, 2-19-2004)

   A.   A "large scale business planned development" ("LSBPD" ) is a tract of land with the following characteristics:

      1.   To be developed as a unit, under single ownership, or under single, unified or coordinated control of its planning and development;

      2.   Consisting of not less than five hundred (500) acres of contiguous land; and

      3.   Consisting of areas to be devoted to two (2) or more principal uses, such as office, retail, industrial, and/or residential uses, such that it would otherwise be required to classify the property in two (2) or more standard zoning districts. Provided, that a minimum of sixty percent (60%) of its total gross acreage is devoted to business type uses, including, but not limited to, office, retail, commercial, service, research-development and industrial uses.

   B.   For purposes of this section, land separated by highways, streets, public ways, railroads, or other public rights of way may be deemed contiguous so as to qualify for inclusion in a large scale business planned development.

   C.   A portion or portions of a large scale business planned development may be transferred to another party to be developed in accord with a final development plan which has been approved in accord with the provisions of this article. (Ord. 04-05, 2-19-2004)

   A.   As part of the approval of a large scale business planned development, the Planning and Zoning Commission may recommend and the board of trustees may grant modifications to, exceptions from, and variations of, any provisions of the village zoning regulations, subdivision regulations, and all other applicable codes and ordinances, including, but not limited to:

      1.   Lot design (such as lot area, lot width, lot depth, and yard setbacks).

      2.   Block standards.

      3.   Limitations on density or number of dwelling units.

      4.   Building height.

      5.   Bulk standards.

      6.   Landscape buffers.

      7.   Performance standards.

      8.   Street design standards.

      9.   Permitted uses.

   B.   The total gross area for a large scale business planned development shall be not less than five hundred (500) gross acres and the percentage of the total gross acreage designated for business related uses, including, but not limited to, office, retail and industrial uses, shall be not less than sixty percent (60%) of the total gross area.

   C.   The maximum densities allowed for any residential section of an LSBPD may surpass those allowed by the otherwise applicable zoning regulations, or as may be described in the comprehensive plan, provided, however, that there shall be no more than one dwelling unit per acre of the area of the entire LSBPD, and the type or types of housing may be specifically restricted in the LSBPD preliminary development plan by the village board of trustees. For purposes of the calculation of maximum densities under this subsection, there shall be deducted from the total gross area of the entire LSBPD such area or areas as shall be designated for wetlands and floodplains. Lands to be preserved as woodlands shall not be deducted.

   D.   To meet the unique circumstances presented by each application for approval of a large scale business planned development, and to protect the health, safety, and general welfare of Village residents, including any future residents of the proposed development, the Village Board reserves the right to include in the approval of any application for a large scale business planned development such other and additional conditions it shall deem necessary or advisable, even if not specifically provided herein, specifically, but not limited to, conditions for inclusion in the large scale business planned development of any permitted or special use, and specifically any adult-use cannabis business establishment, otherwise allowed as a permitted or special use under this Chapter 6: Zoning.

   E.   Wind energy systems shall also be included among the uses allowed in a Large Scale Business Planned Development, subject to the requirements otherwise set forth in chapter 5, article XVII of this Code. Provided, however, as to any such wind energy system not specifically described in and approved as part of the initial Large Scale Business Planned Development approval, the owner of any lot or lots in said planned development desiring to erect or install any wind energy system shall make application for a special use, pursuant to subsection 6-14-3H of this chapter, without the need for amending the final development plan or the Large Scale Business Planned Development approval ordinance for the development for such purpose.

   F.   Solar Energy Systems shall also be included among the uses allowed in a Large Scale Business Planned Development, subject to the requirements otherwise set forth in chapter 5, article XVIII of this Code. Provided, however, as to any such Solar Energy System which is a ground-mounted solar energy system not specifically described in and approved as part of the initial Large Scale Business Planned Development approval, the owner of any lot or lots in said planned development desiring to erect or install a ground-mounted Solar Energy System shall make application for a special use, pursuant to subsection 6-14-3H of this chapter, without the need for amending the final development plan or the Large Scale Business Planned Development approval ordinance for the development of such ground-mounted solar energy system. (Ord. 04-05, 2-19-2004; amd. Ord. 11-20, 9-1-2011; Ord. 18-38, 11-1-2018; Ord. 20-09, 2-6-2020; Ord. 21-15, 4-15-2021)

   A.   An LSBPD District may be established only by an amendment of the Village's official zoning map, approved in accord with the procedures set forth in subsection 6-14-3G of this chapter, and the procedures described in this article.

   B.   The following standards shall be considered by the Village when considering the establishment of any LSBPD District:

      1.   Site Characteristics: The suitability of the subject property for a Large Scale Business Planned Development with respect to its size, shape, and any existing improvements.

      2.   Sewer And Water: The suitability of the subject property for a Large Scale Business Planned Development with respect to the availability of adequate water, wastewater transmission and treatment, and stormwater control facilities.

      3.   Traffic And Parking: The suitability of the subject property for a Large Scale Business Planned Development with respect to the provision of safe and efficient on site and off site vehicular access and circulation designed to minimize traffic congestion.

         a.   Nonresidential land uses should be located central and accessible to the population served without requiring traffic movements through or into a nonresidential neighborhood. Nonresidential uses should not be located in residential neighborhoods, but on their periphery as defined by an arterial street system.

         b.   The number of locations for vehicular access to or from a public right-of-way should be limited to those which are necessary for the reasonable use of the property and consistent with current traffic engineering standards. Locations for vehicular access to or from a public right-of-way should be aligned directly opposite existing or approved locations across the street.

      4.   Zoning History: The suitability of the subject property for a Large Scale Business Planned Development with respect to the length of time the property has remained undeveloped or unused in its existing zoning district in the Village, if applicable.

      5.   Surrounding Land Use And Zoning: The suitability of the subject property for a Large Scale Business Planned Development with respect to consistency and compatibility with surrounding land use and zoning.

      6.   Trend Of Development: The suitability of the subject property for a Large Scale Business Planned Development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area.

      7.   Natural Preservation: The suitability of the subject property for a Large Scale Business Planned Development with respect to the preservation of all significant natural features therein, including topography, watercourses, wetlands, and vegetation.

      8.   Internal Land Use: The suitability of the subject property for a Large Scale Business Planned Development with respect to the proposed land uses being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding territory.

      9.   Planned Development Districts: The suitability of the subject property for a Large Scale Business Planned Development with respect to conformance to the provisions for the purpose and intent, and the location and size, of an LSBPD District.

      10.   Comprehensive Plan: The suitability of the subject property for a Large Scale Business Planned Development with respect to conformance to the goals, objectives, and policies of the official comprehensive plan of the Village. (Ord. 04-05, 2-19-2004)

   A.   Filing: An application for establishment of an LSBPD District and approval of a preliminary development plan shall be filed with the Village Clerk.

   B.   Pre-application Conference: No application shall be accepted by the clerk unless and until a pre-application conference shall have been conducted with such village consultants, and representatives of the village board, as shall be from time to time designated by the village president.

      1.   The pre-application conference shall be for the purpose of reviewing the proposed LSBPD in light of the village's comprehensive plan, the existing zoning and land use in the general area of the proposed development, proposed land uses in the proposed LSBPD, existing facilities for municipal services, and other pertinent factors.

      2.   The applicant shall present both a sketch plan, showing the boundaries of the property, relationship to existing highways and streets, proposed street layout, significant land features, and existing buildings; and a written statement describing the proposed land uses, lot sizes and density, type(s) of buildings, water and wastewater disposal services, and other significant features of the proposed LSBPD. The applicant shall provide to the village clerk not less than six (6) copies of the sketch plan and the written statement prior to the pre-application conference.

      3.   The representatives of the board, and consultants, attending such pre-application conference shall render such comments as are deemed advisable regarding the proposed LSBPD.

      4.   Prior to the pre-application conference, the prospective applicant shall comply with the village policy as established from time to time regarding deposit of funds as security for payment or reimbursement of consultant fees incurred by the village.

   C.   Concept Plan: The applicant shall thereafter file with the village clerk a petition for establishment of an LSBPD district, and a concept plan for the planned development. The applicant shall provide the village not less than eighteen (18) copies of the concept plan upon filing.

      1.   The purpose of the concept plan is to enable the applicant to obtain the opinions and comments of the village board and Planning and Zoning Commission regarding the concept plan for the LSBPD before incurring considerable time and expense in the preparation of a detailed preliminary plan for the proposed development. Upon request from the developer, the village board may waive the requirement for a concept plan, and instead, the developer may submit a preliminary development plan for review in accordance with subsection D of this section.

      2.   The Planning and Zoning Commission shall review the concept plan, and recommend approval, approval with conditions, or disapproval of the concept plan, and forward said recommendation together with any pertinent comments to the board of trustees.

      3.   The board of trustees shall review and approve, approve with conditions, or disapprove the concept plan submitted by the applicant.

   D.   Preliminary Development Plan: The applicant shall file with the village clerk a preliminary development plan, not later than six (6) months after the date of approval of the concept plan. The applicant shall provide the village with not less than eighteen (18) copies of the preliminary development plan upon filing.

      1.   The purpose of the preliminary development plan is to obtain approval from the village that the plan, design, and program for the proposed LSBPD are acceptable, and the applicant may proceed on that basis to final planning.

      2.   A preliminary development plan shall include the various items required to be included in a preliminary plan under subsection 7-2-3B of this code, and the following information and/or documentation:

         a.   Narrative statement of the planning objectives met by the proposed planned development, including a description of its character, the rationale behind the plan, a statement of conformance with the objectives and standards for an LSBPD as set forth in this article; and a statement of conformance with the comprehensive plan of the village.

         b.   Development schedule indicating the approximate date when construction of the planned development or its various stages can be expected to begin and be completed.

         c.   General analysis of the impact of the development on traffic facilities.

         d.   General analysis of the impact of the development on municipal utilities.

         e.   Data sheet containing the following:

            (1)   Net acreages devoted to each proposed land use type, including, but not limited to, parks, open space, and streets;

            (2)   Total number and types of any proposed dwelling units, including range of square footage, anticipated bedroom mix, and estimated selling price of dwelling units;

            (3)   Pertinent market data as to the economic need for each proposed land use type; and

            (4)   Estimated population by housing type broken into elementary school, middle school, high school, and adult groupings, having reference to the table of ultimate estimated population utilized by the village at the time of application (see chapter 14 of this code);

            (5)   Existing improvements, including the location, widths and names of all existing or previously platted streets or other rights of way showing type of improvement (if any); railroad and utility rights of way; parks and other public open spaces; buildings and structures; historic sites; and landmarks.

         f.   Miscellaneous information required as follows:

            (1)   Draft of proposed annexation agreement, if applicable;

            (2)   Architectural elevations for all proposed housing types (except the single-family portions thereof), in any residential portion of the LSBPD;

            (3)   General landscape plan indicating the treatment of common open spaces and the location of required buffer areas.

         g.   A list of requested variations from the standard zoning regulations for each type of proposed land use.

         h.   Any additional information requested by the village to evaluate the character and impact of the proposed planned development.

      3.   The procedure for action on a petition for establishment of a large scale business planned development district, and approval of a preliminary development plan, before the Planning and Zoning Commission, and board of trustees shall be as follows:

         a.   The Planning and Zoning Commission, within sixty (60) days or such time as may be agreed by the applicant, after a petition for establishment of an LSBPD district, and for approval of a preliminary development plan, has been filed with the village, shall conduct a public hearing to consider all aspects of the petition, and the preliminary development plan, including all proposed stages and/or units of development.

            (1)   Notice of the time and place of said public hearing shall be given not less than fifteen (15) nor more than thirty (30) days before said hearing, by publishing a notice thereof in a newspaper published or generally circulated in the village.

         b.   Within thirty (30) days after the public hearing on such plan, the Planning and Zoning Commission shall prepare and transmit to the village board and to the applicant the following:

            (1)   Specific findings of fact with respect to the extent to which the petition and the preliminary development plan, and each of them, complies with the standards set out in this article; and

            (2)   Recommendations to the village board with respect to the action to be taken on the petition and the preliminary development plan.

         c.   The Planning and Zoning Commission may recommend disapproval, approval, or approval with conditions as to the petition and Preliminary Development Plan.

      4.   The village board shall approve, approve with conditions, or disapprove the petition, and the preliminary development plan, within sixty (60) days after it receives the findings and recommendations of the Planning and Zoning Commission, unless said time is extended by mutual consent of the village board and applicant.

         a.   Approval by the board of trustees of the preliminary development plan shall constitute approval of the general features of the large scale business planned development, subject to approval of final development plan(s) as provided below.

         b.   Approval of the preliminary development plan by the village board shall be effective for a period of twenty four (24) months, provided, the village board may in its sole discretion allow a longer period of time or waive this time requirement in its entirety.

         c.   No preliminary development plan shall be approved by the village board of trustees without first being reviewed by the village engineer, who shall submit findings and comments to the village board to assist the village board in its review of the preliminary development plan. The village engineer's report shall be advisory in nature and shall not be binding upon the village board.

      5.   The board of trustees may modify these procedures as it deems necessary or advisable, as specified in its approval of the concept plan, in light of the size and scope of the proposed LSBPD.

      6.   The village board shall approve, approve with conditions, or disapprove the petition, and the preliminary development plan, within sixty (60) days after it receives the findings and recommendations of the zoning board of appeals, unless said time is extended by mutual consent of the village board and applicant.

         a.   Approval by the board of trustees of the preliminary development plan shall constitute approval of the general features of the large scale business planned development, subject to approval of final development plan(s) as provided below.

         b.   Approval of the preliminary development plan by the village board shall be effective for a period of twenty four (24) months, provided, the village board may in its sole discretion allow a longer period of time or waive this time requirement in its entirety.

         c.   No preliminary development plan shall be approved by the village board of trustees without first being reviewed by the village engineer, who shall submit findings and comments to the village board to assist the village board in its review of the preliminary development plan. The village engineer's report shall be advisory in nature and shall not be binding upon the village board.

      7.   The board of trustees may modify these procedures as it deems necessary or advisable, as specified in its approval of the concept plan, in light of the size and scope of the proposed LSBPD. (Ord. 04-05, 2-19-2004; amd. Ord. 21-15, 4-15-2021)

   A.   The developer shall file an application for approval of a final development plan for all or any portion of the LSBPD with the village clerk not later than twelve (12) months after the date of approval of the preliminary development plan. The applicant shall provide the village with not less than eighteen (18) copies of the final development plan upon filing.

   B.   The application for final development plan shall include the following information, and any additional information that is pertinent to the proposed development, including information relating to any modifications to the preliminary development plan as the board of trustees may have deemed necessary or advisable and shall have specified in its approval of the preliminary development plan; and all information shall be presented on acceptable reproducible material:

      1.   Final development plat information, as set forth in subsection 7-2-4B of this code.

      2.   Detailed engineering plans and specifications for the development improvements, including, but not limited to, land grading, site preparation, streets, utilities, drainage, and any other requirements of the village's subdivision regulations as set forth in subsection 7-2-4C of this code.

      3.   Proof that the developer has acquired legal title to all land within the proposed LSBPD, or is the contract purchaser of the property;

      4.   Articles of incorporation and bylaws for any property owners' association to be established;

      5.   Restrictive covenants and other legal instruments deemed necessary to guarantee the proper upkeep and use of the common open space and recreational facilities therein; and

      6.   Restrictive covenants whereby the owner proposes to regulate and maintain land uses in general, and other features, of the proposed development.

      7.   Performance guarantee in compliance with subsection 7-2-4D of this code and applicable law.

   C.   The application for approval of final development plan shall be in substantial compliance with the preliminary development plan as approved. The application may request approval of a final development plan for all or any phase of the development. A final development plan or plans covering the entire area of the LSBPD shall have been submitted to the village for approval in accord with any time limitations established as a condition for approval of the preliminary development plan, or not later than twenty (20) years after the date of approval of the preliminary development plan, whichever is earlier. Provided, upon application of the owner and/or developer of the subject property, the board of trustees may at any time and from time to time extend the period of time for such submission(s).

   D.   The Planning and Zoning Commission shall consider the application for approval of the final development plan.

      1.   If the final development plan is in substantial compliance with the preliminary development plan, and the application for final approval has been filed with such supporting materials as the village requires, the Planning and Zoning Commission shall, within thirty (30) days of such filing, recommend approval of the final development plan.

      2.   If the final development plan is not in substantial compliance with the preliminary development plan as approved, a public hearing to consider the final development plan shall be held before the Planning and Zoning Commission.

         a.   For purposes of this subsection, any modification only in the location of streets, facilities for water supply or wastewater treatment, or facilities for storm water detention, retention or conveyance shall not be considered to be a substantial change, and no public hearing shall be required as to any such modification, unless such modification results in a reduction in the availability of streets or such facilities in the proposed development area.

         b.   For purposes of this subsection, it shall be considered to be a substantial change if there is any change in the location of any proposed intersection of a proposed street and any existing public highway; and it shall be considered to be a substantial change if there is any reduction in open space of more than five percent (5%).

         c.   Following such public hearing, the Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval of the final development plan, and forward said recommendation to the board of trustees.

   E.   The zoning board of appeals shall review and make its recommendation regarding the proposed final development plan within thirty (30) days after receiving findings and recommendations from the plan commission, and shall forward same to the board of trustees. The zoning board of appeals shall utilize the same criteria and procedures relating to substantial compliance with the preliminary development plan as established for the plan commission in subsection D of this section.

   F.   Within forty five (45) days after receiving findings and recommendations from the Planning and Zoning Commission, the village board shall review and approve, approve with conditions, or disapprove the proposed final development plan; provided, if the final development plan is in substantial compliance with the preliminary development plan, the board of trustees shall approve the final development plan.

      1.   The village may require, as a condition for its approval of any final development plan, the following:

         a.   The final development plan bear on its face the name of its preparer, the date of preparation, and the date of any revisions;

         b.   The final development plan be accompanied by final engineering plans and specifications, and an estimate of costs for any and all improvements shown in the plan, which plans and estimate shall be subject to the approval of the village engineer;

         c.   The final development plan be accompanied by an appropriate completion bond, irrevocable letter of credit, or cash, in accord with the requirements specified by subsection 7-2-4D of this code and applicable law;

         d.   The final development plan, and all development undertaken pursuant to the final development plan, shall be in compliance with all other applicable codes, regulations, statutes and laws pertaining to the proposed development.

   G.   Any large scale business planned development shall be developed only in substantial compliance with the final development plan approved by the board of trustees. (Ord. 04-05, 2-19-2004; amd. Ord. 21-15, 4-15-2023)

The owner and/or developer of any large scale business planned development shall, unless expressly relieved of all or any part of the obligation by the corporate authorities, make such contributions of cash, land, or combination thereof, as shall meet the requirements of chapter 14 of this code, and/or the provisions of any annexation agreement, development agreement, or other agreement concerning the subject property in regard thereto, as the case may be. (Ord. 04-05, 2-19-2004)

A preliminary or final development plan may be amended, upon request of the owner and/or developer of the subject property, but only after a public hearing has been held and a recommendation has been made by the Planning and Zoning Commission, and after review and approval by the board of trustees, pursuant to the provisions of this article. (Ord. 04-05, 2-19-2004; amd. Ord. 21-15, 4-15-2023)

If no construction of the improvements included in the final development plan shall have commenced within two (2) years after the date of approval of said plan, and thereafter in accord with any time limitations which may have been included in the conditions for approval of the final development plan, the corporate authorities may apply for a map amendment reclassifying the subject property from LSBPD district to the most restrictive zoning district that is consistent with the goals, objectives, and policies of the comprehensive plan, and the application for such amendment shall be considered by the village in accord with the requirements of subsection 6-14-3G of this chapter. In addition, the board of trustees may by resolution duly enacted revoke the approval of the final development plan under such circumstances. (Ord. 04-05, 2-19-2004)

This article is to be liberally construed and the village is to be deemed to have the broadest powers in the interpretation and application of this article in order to permit the village and the applicant the maximum choice in the types of environments to be available to the public, the owner(s), and the future occupants and residents within the large scale business planned development. (Ord. 04-05, 2-19-2004)