A.   Purpose: The purpose of the planned unit development is to permit:

      1.   A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other provisions of this title.

      2.   Permanent preservation of common open space and recreation areas and facilities.

      3.   A pattern of development to preserve natural vegetation, topographic and geologic features.

      4.   A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.

      5.   An efficient use of the land resulting in more economic networks of utilities, streets, and other facilities.

      6.   A land use which promotes the public health, safety, comfort, morals, and welfare.

   B.   Intent: The planned unit development is intended to provide for developments, incorporating a single type or a variety of related uses which are planned and developed as a unit. The planned unit development should provide amenities not otherwise required by law and should establish facilities and open space greater than the minimums required by law. Such development may consist of conventionally subdivided lots or provide for development by a land use and zoning plat which establishes the location and extent of the features of the planned unit development in keeping with the purpose of the plan. (Ord. 2003-O-15, 3-18-2003)

To qualify for the planned unit development option, the land area to be developed must be at least double the minimum lot size requirement for the district in which the land is located. The option is limited to the following districts:

 

 

(Ord. 2003-O-15, 3-18-2003)

Prior to the filing of an application for approval of a planned unit development, the developer may request of the plan commission an informal meeting to discuss the development of the land. Said meeting shall be a part of a regularly scheduled meeting, shall be open to the public, and included on the agenda in advance of the meeting. The preapplication conference is not mandatory and does not require formal application, fee, or filing of a planned unit development plat. (Ord. 2003-O-15, 3-18-2003)

A preliminary plat of the planned unit development shall be submitted to the mayor and city council, who shall refer same to the plan commission for public hearing, report, and recommendation as to whether or not the mayor and city council should issue the special use permit applied for. The required procedure for approval of the preliminary plat shall be:

   A.   Submission: Submission of the following:

      1.   Written application for approval of a planned unit development shall be made on forms and in the manner prescribed by rules of the city.

      2.   The application shall be accompanied by a fee as set forth in section 3-2A-1 of this code.

      3.   The preliminary plat and supporting data shall be in accord with the stipulations of subsection 11-10-7B of this chapter.

   B.   Hearing: The plan commission shall hold a public hearing on the application for a planned unit development, giving notice of the time and place not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper published or having general circulation within the city.

   C.   Review:

      1.   Copies of the preliminary planned unit development plat and supporting data shall be submitted to the zoning board of appeals for their review and recommendations. The report of the zoning board of appeals shall be made to the plan commission within thirty (30) days and preceding the plan commission's recommendation to the city council.

      2.   Copies of the preliminary planned unit development plat and supporting data shall be submitted to the plan commission for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.

   D.   Plan Commission Recommendation:

      1.   Following the public hearing and review of the preliminary planned unit development plat and supporting data for conformity to these regulations, the plan commission shall, within sixty (60) days, recommend approval, modification, or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the mayor and city council.

      2.   As a condition to the approval of the preliminary plat, the plan commission shall set forth, in a separate communication to the mayor and city council, findings of fact, in accord with section 11-10-14 of this chapter, on which they base their approval and describing how the proposal meets the standards of section 11-10-13 of this chapter.

   E.   Mayor And City Council Decision: The mayor and city council, after receipt of the preliminary unit development plat from the plan commission, shall approve, modify, or disapprove the preliminary plat. In the case of approval, or approval with modification, the city council shall pass an ordinance granting the special use and indicate their approval upon the plat, and arrange zoning map modifications as necessary. The city council may require such special conditions as they deem necessary to ensure conformance with the intent of all comprehensive plan elements and the stated purposes of the planned development.

   F.   Preliminary Plat Approval No Guarantee Of Final Plat Approval: Approval of a preliminary planned unit development plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the city and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The final plat shall be approved as the final land use and zoning plat if it conforms with the preliminary land use and zoning plat. (Ord. 2003-O-15, 3-18-2003)

The preliminary and final plat may be filed and approved simultaneously or the final plat may be filed and approved without a preliminary plat if all of the land is to be developed at one time, and if all requirements hereof are met. (Ord. 2003-O-15, 3-18-2003)

The final planned unit development plat shall conform substantially to the preliminary plat as approved, and if desired by the developer, it may be submitted in stages with each stage reflecting the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plat shall be:

   A.   Submission:

      1.   A final planned unit development plat and other supporting data required for approval shall be submitted to the plan commission in accord with the provisions of subsection 11-10-7C of this chapter.

      2.   The final plats must be submitted for approval in accordance with agreed to scheduling, but not later than five (5) years from the approval of the preliminary plat. In the event that same is not done, the plan commission shall initiate such zoning changes as it deems necessary to preserve the public interest.

      3.   Final plats and supporting data shall show in detail the design, location, and use of all buildings and overall land development as well as such additional information as the plan commission may require.

   B.   Plan Commission Review:

      1.   The final plat and supporting data shall be submitted to the plan commission for certification that the final plat is in conformity with these regulations and in agreement with the approved preliminary plat.

      2.   After review of the final plat, the plan commission shall, within thirty (30) days, recommend approval or disapproval, and the reasons therefor, to the mayor and city council.

   C.   Mayor And City Council Decision: The mayor and city council, after receipt of the final plat from the plan commission, shall approve or disapprove the final plat and shall pass an ordinance authorizing the planned unit development as a special use and allowing the issuance of a zoning certificate and all other necessary permits. (Ord. 2003-O-15, 3-18-2003)

The planned unit development plats and supporting data shall include at least the following information:

   A.   Preapplication Stage:

      1.   General Site Information: Data regarding site conditions, land characteristics, available community facilities and utilities, existing covenants, and other related information.

      2.   Sketch Plan: A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, lots, and other features.

      3.   Legal Description: A property survey and legal description of the site proposed for development.

   B.   Preliminary Plat Stage:

      1.   Detailed Plan: A drawing of the planned unit development shall be prepared at a scale of not less than one inch equals one hundred feet (1" = 100') and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

         a.   Boundary Lines: Bearings and distances.

         b.   Easements: Location, width and purpose.

         c.   Streets On And Adjacent To The Tract: Street names, rights of way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

         d.   Utilities On And Adjacent To The Tract: Location, size and invert elevation of sanitary, storm, and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines, and streetlights; direction and distance to and size of nearest usable water mains and sewers adjacent to the tract showing invert elevation of sewers.

         e.   Ground Elevations On The Tract: For land that slopes less than one-half percent (0.5%), show one foot (1') contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; for land that slopes more than one-half percent (0.5%), show two foot (2') contours.

         f.   Subsurface Conditions On The Tract: If required by the plan commission, location and results of tests made to generally ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet (5'); location and results of soil percolation tests if individual sewage disposal systems are proposed.

         g.   Other Conditions On The Tract: Watercourses, floodplains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot (1') or more in diameter, houses, barns, accessory buildings, and other significant features.

         h.   Other Conditions On Adjacent Land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land, refer to subdivision plat by name, and show approximate percent built up, typical lot size, and dwelling type.

         i.   Zoning On And Adjacent To The Tract:

            (1)   Proposed Public Improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

            (2)   Open Space: All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

            (3)   Buildings Other Than Single-Family Dwellings: General location, purpose, and height, in feet or stories, of each building other than single-family residences on individually platted lots.

            (4)   Map Data: Name of development, north point, and scale, date of preparation and acreage of site.

            (5)   Miscellaneous: Such additional information as may be required by the plan commission.

      2.   Character: Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations.

      3.   Ownership: Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in the offices of the county recorder.

      4.   Names And Addresses Of Those To Receive Notice: The names and addresses of the persons to whom the notice of hearing to be held by the planning agency should be sent (the subdivider, the designer of the subdivision, and the owners of the land immediately adjoining the land to be platted).

      5.   Schedule: Development schedule indicating:

         a.   Stages in which the project will be built with emphasis on area, density, use and public facilities, such as open space, to be developed with each stage. Overall design on each state shall be shown on the plat and through supporting graphic material.

         b.   Approximate dates for beginning and completion of each state.

         c.   If different land use types are to be included within the planned unit development, the schedule must include the mix of uses to be built in each stage.

      6.   Covenants: Proposed agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.

      7.   Density: Provide information on the density of residential uses and the number of dwelling units by type.

      8.   Nonresidential Use: Provide information on the type and amount of ancillary and nonresidential uses in a residential development.

      9.   Service Facilities: Provide information on all service facilities and off street parking facilities.

         a.   Architectural Plans: Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.

         b.   Facilities Plans: Preliminary plans for:

            (1)   Roads including classification, width of right of way, width of pavement, and typical construction details.

            (2)   Sanitary sewers.

            (3)   Storm drainage.

            (4)   Water supply system.

            (5)   Lighting program.

         c.   Need: Provide an economic feasibility study of the proposed development, including information on land utilization and marketing potential.

   C.   Final Plat Stage:

      1.   Final Detailed Plan: A final land use and zoning plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the land use and zoning plat is to designate, with particularity, the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The final land use and zoning plat shall include, but not be limited to:

         a.   An accurate legal description of the entire area under immediate development within the planned development.

         b.   A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

         c.   An accurate legal description of each separate unsubdivided use area, including common open space.

         d.   Designation of the exact location of all buildings to be constructed.

         e.   Certificates, seals, and signatures required for the dedication of lands, and recording the document.

         f.   Tabulations on separate unsubdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre.

      2.   Common Open Space Documents: All common open space shall be either conveyed to a municipal or public corporation or conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or retained by the developer with legally binding guarantees, in a form approved by the city attorney, that the common open space will be permanently preserved as open area. All land conveyed to a not for profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

      3.   Public Facilities: All public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat or escrow deposits, letter of credit in a form approved by the city attorney, or performance bonds posted to guarantee construction of the required improvements.

      4.   Guarantee Deposit: A deposit shall be made to the city in cash, letter of credit in a form and amount approved by the city attorney, or maintenance bond equal to fifteen percent (15%) of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned unit development and shall be held by the city for a period of eighteen (18) months. After such eighteen (18) months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correcting defective facilities.

      5.   Delinquent Taxes: A certificate shall be furnished from the county collector that he finds no delinquent taxes and that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been paid.

      6.   Covenants: Final agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the planned unit development. (Ord. 2003-O-15, 3-18-2003)

   A.   The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final planned unit development plat and supporting data with the county recorder of deeds. No permit allowing construction of a building or other development shall be granted until the required recording of the final plat.

   B.   The purpose of the final plat is to designate, with particularity, the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary plat shall generally locate buildings, whereas the final plat shall show the exact location of each building.

   C.   The recording of the final plat shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device. (Ord. 2003-O-15, 3-18-2003)

Permits are to be issued only after the final planned unit development plat and supporting data have been recorded with the recorder of deeds, and shall be issued in full conformance with chapter 3 of this title. No building permit shall be issued for any structure until the approval of the final plat. (Ord. 2003-O-15, 3-18-2003)

   A.   Compliance Required: The planned unit development project shall be developed only according to the approved and recorded final plat, and all supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees, and assigns and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein.

   B.   Major Changes:

      1.   Changes which alter the concept or intent of the planned unit development, including increases in density, increases in the height of buildings, reductions of proposed open space, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants, or other changes, may be approved only by submission of a new preliminary plat and supporting data and following the preliminary approval steps and subsequent amendment of the final land use and zoning plat.

      2.   All changes to the final plat shall be recorded with the county recorder of deeds as amendments to the final plat or reflected in the recording of a new "corrected" final plat.

   C.   Minor Changes: The plan commission may approve minor changes in the planned unit development which do not change the concept or intent of the development without going through the preliminary approval steps. Minor changes shall be any change not defined as a major change. (Ord. 2003-O-15, 3-18-2003)

The mayor and city council shall consider the planned unit development subject to revocation if construction falls more than two (2) years behind the schedule filed with the final plat. Extensions in the building schedule may be granted by the plan commission. (Ord. 2003-O-15, 3-18-2003)

The planned unit development is authorized as a special use in each of the zoning districts of this title. (Ord. 2003-O-15, 3-18-2003)

The planned unit development must meet the following standards:

   A.   Compliance With Comprehensive Plan: A planned unit development must conform with the intent and spirit of the proposals of any comprehensive plan adopted and then in effect.

   B.   Ownership; Size: The site of the planned unit development must be under single ownership and/or unified control and be not less than sixty thousand (60,000) square feet in area.

   C.   Compatibility: The uses permitted in a planned unit development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties.

   D.   Need: A clear showing of need must be made.

   E.   Space Between Buildings: The minimum horizontal distance between buildings shall be:

      1.   Fifteen feet (15') between 1-story, 2-story, 21/2-story buildings, or combinations thereof.

      2.   Equal to the height of the taller buildings in the case of freestanding unattached buildings other than 1-story, 2-story, or 21/2-story buildings.

   F.   Yards:

      1.   The required yards along the periphery of the planned unit development shall be at least equal in width or depth to that of the adjacent zoning district.

      2.   Buildings of more than twenty four feet (24') in height shall provide a setback from any property line of not less than equal to the height of such buildings.

   G.   Parking Requirements: Adequate parking shall be provided, and in no event shall the parking be less than that provided for in other provisions of this title.

   H.   Traffic: Adequate provision shall be made to provide ingress and egress so designed as to minimize traffic congestion in public streets.

   I.   Density:

      1.   The density of any planned unit development shall not exceed by more than ten percent (10%) the density allowed in the district in which the planned unit development is located. Land within the planned unit development which is used for industrial purposes, commercial purposes, and open space may be included as gross area for calculation of density. The requirements of this subsection shall not apply to land within the I-1 limited industrial district.

      2.   Ground area of the uses not normally permitted in the district in which said planned unit development is located shall not exceed, by more than twenty percent (20%), the total ground area of said development.

      3.   The planned unit development may depart from strict conformance with the required density, dimension, area, bulk, use, and other regulations for the standard zoning districts and other provisions of this title to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. (Ord. 2003-O-15, 3-18-2003)

The plan commission shall provide findings of fact setting forth the reasons for the recommendation, and said findings shall set forth, with particularity, in what respects the proposal would be in the public interest including, but not limited to, findings of fact on the following:

   A.   In what respects the proposed plan is consistent with the stated purpose of the planned unit development regulations.

   B.   The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.

   C.   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, and use, and the reasons why such departures are deemed to be in the public interest.

   D.   The physical design of the proposed plan and the manner in which said design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light and air, recreation and visual enjoyment.

   E.   The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

   F.   The desirability of the proposed plan to physical development, tax base and economic well being of the entire community.

   G.   The conformity with the intent and spirit of the comprehensive plan. (Ord. 2003-O-15, 3-18-2003)

Prior to the granting of any planned unit development, the plan commission may recommend, and the city council may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and to secure compliance with the standards specified in section 11-10-13 of this chapter. In all cases in which planned unit developments are granted, the city council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 2003-O-15, 3-18-2003)

The provisions of title 2, chapter 3, "Fort Sheridan Joint Planning Commission" (JPC), of this code, where applicable, shall supersede the provisions of this chapter. Hearings and review hereunder shall be held by the JPC rather than the plan commission or zoning board of appeals as required pursuant to title 2, chapter 3 of this code. (Ord. 2003-O-15, 3-18-2003)