Hobart City Zoning Code
ARTICLE XII
R-7 Planned Development Overlay District
§ 295-107 Application to existing use districts.
This district shall operate as a conditional use and as an alternative to the permitted uses and regulations applicable to existing districts, and shall be applicable only to those lands which are hereby and may hereafter be zoned planned development by the Village Board. Basic underlying zoning requirements for lands conditionally zoned as a planned development district shall continue in full force and effect and shall be solely applicable until such time as the Village Board grants final approval as hereinafter provided.
§ 295-108 Purpose.
The purpose of the Planned Development District and the regulations applicable to the same are to encourage and provide means for effecting desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic district regulations, and to accomplish a well-balanced aesthetically satisfying Village and economically desirable development of building sites with a planned development district. These regulations are established to permit latitude in the development of the building site if such development is found to be in accordance with the purpose, spirit and intent of this chapter and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and height of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, and to encourage and facilitate preservation of open space and other natural features, such as woodlands, floodplain and wetlands.
§ 295-109 Definitions.
As used in this article, the following terms shall have the meanings indicated:
BASIC ZONING REGULATIONS
Such zoning regulations as are applicable to the use district other than the regulations set forth in this article.
BUILDING SITE
A tract of land not divided by public streets or into lots, excepting for single-family dwelling purposes and which will not be subdivided, or where the tract of land, if so divided, is in single ownership or is owned by a condominium group. (The site must be located on a public street or highway.)[1]
DENSITY
The number of dwelling units permitted per square foot of land area or number of dwelling units permitted per acre of land area.
FINAL PLAN
The proposal for development of a planned unit development, including a plat of subdivision (if any), all covenants, easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by § 295-116 herein.
IMPROVED OPEN SPACE
The above parcels and any structure or improvements which are placed upon such parcels (i.e., rest rooms, tennis courts, ball diamonds, etc.).
OPEN SPACE
A parcel or parcels of land or an area of water, or a combination thereof, within the site designated for planned development district and designated and intended for the use or enjoyment of residents of the planned development.
PLANNED DEVELOPMENT OVERLAY DISTRICT
An area of land, controlled by a single owner, corporation, or other legal entity which is to be developed as a single unit and is referred to herein as PUD.
PRELIMINARY PLAN
The preliminary drawings described in § 295-114 herein, indicating the proposed manner and/or layout of the PUD to be submitted to the Hobart Planning and Zoning Commission for its recommendation to the Village Board.
UNIMPROVED OPEN SPACE
Open space kept free of structures or improvements, except for hiking, horseback riding, bicycle trails, ponds, picnic areas and nature parks.
[1]
Editor's Note: The original definition of "comprehensive plan," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
§ 295-110 Permitted and prohibited uses.
A.
Basic zoning uses. The following uses are permitted in a Planned Development District upon obtaining all necessary approvals required under the article:
(1)
All uses permitted under the basic zoning regulations applicable to the zoning district in which the particular property is located.
(2)
Where a building site is situated in more than one use district, all uses permitted under the basic zoning regulations of one district may be extended into the adjacent district, but only under the condition that the maximum area of such extension shall not exceed an area computed to be 50% of the smaller of the areas of the portion of the property located in either district.
(3)
Such additional uses, or mixture of uses, as are recommended by the Planning and Zoning Commission and approved by the Village Board.
(4)
Building restrictions. When all necessary approvals required under this chapter are obtained, the building height, size and floor area, lot size, setback, side and rear yard, density and open space requirements under the basic zoning regulations shall not be applicable, but rather such requirements as are made a part of the approved precise development plan and the plan itself, shall be construed to be and shall be enforced as part of this chapter.
B.
Prohibited uses. The following uses are prohibited in the R-7 District:[1]
(1)
Outdoor wood burners/solid-fuel heating devices.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
§ 295-111 General provisions.
A.
Engineering design standards. Normal standards or operational policy regarding right-of-way widths, provision of sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a planned development, but precise standards satisfactory to the Village, pursuant to the criteria as set forth in § 295-111 herein shall be made a part of the approval plan and shall be enforceable as a part of this article.
B.
Approvals. The developer shall develop the site in accordance with the terms and conditions of development presented to and approved by the Village Board. Any changes or additions to the original approved development site, structures, or plans of operation shall require approval by the Village Board.
C.
Rescinding approval. Failure to comply with the conditions, commitments, guarantees, or the recommendations established in the approval of such development project shall be cause for rescinding the approval of the same. Upon notice given by the Zoning Administrator/Building Inspector, the developer then shall be required to appear before the Village Board at its next public meeting, to explain any such failure to comply. The Village Board at such meeting shall determine whether or not the developer shall have failed to comply and, if there has been such a failure, may either:
(1)
Rescind its approval, whereupon such rescission and cessation of all rights and privileges of the developer and owner, including the right to complete construction or to construct any building or other structure or improvement, shall become effective on the 31st day following mailing by certified mail to the developer at his/her last known address of written notice of such rescission; or
(2)
Adjourn such discussion at the Village Board meeting for a period not to exceed 65 days to enable the developer to comply; whereupon, if the developer is then in substantial compliance and has then established, to the reasonable satisfaction of the Board, that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there shall be such compliance; but, if the developer is not then in substantial compliance, or does not establish to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Subsection C(1) immediately above.
§ 295-112 Criteria for approval.
As a basis for determining the acceptability of a planned development proposal, the following criteria shall be applied to the development plan with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.
A.
Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall be a visual, aesthetic and operational character which:
(1)
Is compatible to the physical nature of the site, with particular concern for preservation of natural features, tree growth and open space.
(2)
Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.
(3)
Would not adversely affect the anticipated provision for school, sewer, water, snow removal, garbage pickup, fire protection or other municipal services.
(4)
Would provide sufficient and accessible off-street parking and loading facilities in the amount specified in Article XXVIII, Off-Street Parking Requirements.
B.
Landscaping of parking areas. The parking site shall be planned to provide a desirable transition from the streetscape and to provide for adequate landscaping, pedestrian movement and parking areas. In keeping with this purpose, the following design standards shall be set forth:
(1)
Where natural or existing topographic features contribute to the beauty and utility of a development, consideration shall be given to this preservation. Modification to topographic features should only occur where it contributes to good appearance.
(2)
Plan material shall be selected for interest in its structure, texture, color and for its ultimate growth. Further, it is recommended that native materials be employed for their ability to tolerate the prevailing adverse conditions.
(3)
In locations where plant materials will be susceptible to injury by pedestrians and/or motor vehicles, appropriate curbs, tree guards or other protective devices shall be employed.
(4)
Parking areas shall be arranged so as to prevent through traffic to other parking areas.
(5)
Parking areas shall be screened from adjacent structures, road and traffic arteries with hedges, dense planting, earth berms, changes in grade or walls, except where parking areas are designed as an intricate part of the street.
(6)
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
(7)
All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences and public right-of-way.
(8)
All off-street loading and unloading areas shall be paved, and the design thereof approved by the Planning and Zoning Commission.
(9)
All parking areas and off-street loading and unloading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.
C.
Engineering design standards. The width of rights-of-way, width and location of street or other paving, requirements for outdoor lighting, location of sanitary and storm sewer and water lines and provision for drainage and other similar environmental engineering considerations shall be based upon a determination as to the appropriate standards necessary to insure the public safety and welfare.
D.
Preservation and maintenance of open space. Adequate provision shall be made for the permanent preservation and maintenance of common "open space" and right-of-way either by private reservation or dedication to the public.
(1)
In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the Village, as part of the conditions for project approval, an open space easement over such open areas restricting the areas against any further building or use, except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Building 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 the recommendation of building, site and operational plans by the Planning and Zoning Commission.
(2)
In the case of roadways and other rights-of-way which are not dedicated to the public as part of the conditions for project approval, there shall be granted to the Village such easements over the same as may be necessary to enable the Village to provide suitable and adequate fire protection, sanitary and storm sewer, water and other required municipal services to the project area.
(3)
The care and maintenance of such open space reservations and rights-of-way shall be assured, either by establishment of appropriate management organization for the project or by agreement with the Village for establishment of a special service district for the project area, on the basis of which the Village 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 feels necessary if it is not otherwise taken care of to the satisfaction of Village. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.
(4)
Ownership and tax liability of private open space reservations and rights-of-way shall be established in a manner acceptable to the Village and made a part of the conditions of the plan approval.
E.
Factors and requirements to be considered by the Planning and Zoning Commission/Site Review and Village Board.
(1)
Heights of structures.
(2)
Auto parking facilities.
(3)
Screening and fencing.
(4)
Landscaping.
(5)
Setbacks.
(6)
Open space reservations.
(7)
The site itself as it relates to neighborhood environment, compatibility to existing neighborhood use, and general neighborhood characteristics.
(8)
Nature and use of the proposed structures and design, architecture and materials to be used. The Planning and Zoning Commission may require a dimensional rendering, video tape or a scale model.
(9)
Highway access to the site, number of openings and location of same.
(10)
Traffic generation, number of vehicles parked and rate of turnover per hour.
(11)
Drainage must conform to Chapter 150, Erosion Control and Stormwater Management.
(12)
Capacities required for sewer, water and other necessary utilities.
(13)
Educational capacity capabilities (number of families and school load).
(14)
Economic impact on the Village, its inducements, attractions and detractions.
(15)
Lighting.
(16)
Proposed methods and hours of operation.
(17)
Comparison of open space as required by the underlying basic zones with that of proposed project.
(18)
Operational control.
(19)
Commencement and completion dates.
(20)
Highway dedication.
(21)
Deed restrictions and sureties deemed necessary to protect the health, safety and welfare of the community.
(22)
Such other limitations, conditions, or special requirements, as may be deemed necessary to protect the health, safety and welfare of the Village.
F.
Implementation schedule. The proponents of a planned development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Planning and Zoning Commission and the Village Board, including suitable provisions (and the Village may require the furnishing of a suitable and sufficient performance bond) for assurance that each phase could and should be brought to completion in a manner which shall not result in adverse effect upon the community as a result of termination at the end of any phase.
§ 295-113 Preapplication conference.
Prior to filing of an application for a PUD, the applicant of the proposed PUD is encouraged to arrange a conference with the Village. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.
§ 295-114 Procedure.
The procedure for approval of a planned development project shall consist of two phases:
A.
Preliminary approval. Consisting of approval of the proposed project in principle only; and
B.
Final approval. Consisting of approval of the proposed project in all its terms and details.
§ 295-115 Preliminary approval.
A.
Notice and fee. A person desiring to develop a particular site as a planned development project shall apply to the Zoning Administrator/Building Inspector on such forms as shall be provided by the Village and shall pay a fee as determined by the Village Board, which shall accompany such written application. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers and a description of the development site. Appropriate supporting documents and maps, as required in Subsection D herein, shall be filed with the application.
B.
Notice to Commission. The Zoning Administrator/Building Inspector shall inform the Planning and Zoning Commission of such desire and shall secure a date for a preliminary discussion between the developer and the Planning and Zoning Commission and shall notify such developer of such date.
C.
Commission recommendations. The Planning and Zoning Commission, after such preliminary discussions and such further discussions as may be required with the developer, shall report in writing such proposed project development to the Village Board, together with its recommendation for either approval or disapproval of the same. Such report and recommendation of the Commission shall be made to the Village Board no later than four months from the date of the filing of the application with the Zoning Administrator/Building Inspector and receipt of any required supportive information by the Planning and Zoning Commission. A recommendation of approval by the Commission shall in no way be binding on the Village Board. The Village Board shall either approve or disapprove the proposed development project, without modification within 60 days receipt of the Planning and Zoning Commission recommendation. Any such approval shall be a preliminary approval only and shall not bind the Village Board regarding final approval.
D.
Information required. The following information shall be provided by the applicant in adequate detail to satisfy the Committee for its recommendation regarding preliminary approval.
(1)
A statement describing the general character of the intended development.
(2)
An accurate map of the project area drawn at a scale no less than one inch equals 200 feet, showing the nature, use and character of abutting properties prepared by a registered surveyor.
(3)
Four copies of a general development plan of the proposed project drawn at a scale no less than one inch equals 200 feet, showing the following information in sufficient detail to make possible the evaluation of the criteria for approval set forth in § 295-112A, B, C, D and F of this article:
(a)
Tract boundaries and a statement of the total acreage of the tract;
(b)
Significant physical features within the tract, including existing two-foot contours, watercourses, drainage, ponds, lakes, wetlands, floodplain, floodways and proposed major changes in those features;
(c)
Zoning district(s) on and within 400 feet adjacent to the proposed project;
(d)
Property line (if any) within the proposed project;
(e)
All contemplated land uses within the tract;
(f)
An indicator of the contemplated intensity of use; i.e., gross density in residential development; number of prospective tenants in office, commercial and industrial development or recreational development;
(g)
Number and type of dwelling units;
(h)
Existing buildings that may affect future development and proposed location of all principal structures and associated parking areas;
(i)
Proposed lot coverage of buildings and structures;
(j)
Proposed circulation systems (pedestrian, bicycle, auto, mass transit) by type, how they relate to the existing network outside this site;
(k)
Existing rights-of-way and easements which may affect the PUD project;
(l)
In the case of plans which call for development in stages, a map at an appropriate scale showing the successive stages;
(m)
The location of sanitary and storm sewer lines, water mains, fire hydrants and lighting;
(n)
The location of recreational and open space areas and areas reserved or dedicated for public uses, such as schools, park, etc.;
(o)
Description of proposed system for drainage;
(p)
General landscape treatment.
(4)
Appropriate statistical data on the size of the development, residential density, ratio of various land uses, economic analysis of the development and any other data pertinent to the evaluation under the criteria of § 295-112A, B, C, D and F above.
(5)
Architectural drawings and sketches illustrating the design and character of proposed structures. Architectural drawing may include a dimensional rendering, video tape, or scale model.
(6)
General outline of intended organization structure related to property owner's association, deed restrictions and private provision of common services, if any.
(7)
Economic feasibility and impact report may be required by the Planning and Zoning Commission to provide satisfactory evidence of the project's economic feasibility, of prosperity of the Village or the values of surrounding properties.
§ 295-116 Amendment of preliminary approval.
The recommendation of the Planning and Zoning Commission and the preliminary approval of the Village Board 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 with regard to project value, character or other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the approved plans. Detailed construction time and the approval of such preliminary plan shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans. Any subsequent change or addition to the plans or use shall be submitted to the Village Board relating to an amendment of the preliminary approval. If the change is determined by the Village Board to be a major change, it will be referred first to the Planning and Zoning Commission.
§ 295-117 Final approval.
A.
Petition for final approval. When the Village Board has issued its preliminary approval of the proposed plan, then the developer may file with the Village Clerk-Treasurer a petition executed by the owner of the property to be developed, or his/her agent, for the final approval, stating that he seeks to develop such property under the provisions of this article. Such petition shall include:
(1)
The names, mailing addresses and telephone numbers of any additional owners and developers of the development site, and the names of owners and developers listed on the application who no longer have an interest in the project, in the event there has been a change in owners or developers since the date of the application.
(2)
An accurate topographical map showing topographical data at two-foot intervals and extending within 100 feet of the exterior boundaries of the site, showing all public rights-of-way and all buildings accurately located within 100 feet of the exterior boundaries of such site. Such map shall contain all available utilities, including drainage and the capacities thereof and high-water elevations along rivers.
(3)
A plot plan at a scale of one inch equals 200 feet showing the location, type and size of every proposed structure and its proposed use; also driveways, driveway access roads, parking facilities, lighting, appliances, recreation areas, loading docks, open spaces, screening, fencing, and landscaped areas and utility easements.
(4)
A statistical table showing the size of the site in square feet, the acreage (exclusive of public streets), proposed population densities and open area (both in square feet and as a percentage of the project area).
(5)
Architectural drawings of all buildings and structures and sketches showing the design characteristics and treatment of exterior elevations and typical floor plans of proposed structures. The Planning and Zoning Commission may require a dimensional rendering, video tape, or scale model.
(6)
A table showing the approximate costs of structures.
(7)
A statement showing the starting and completion dates of the project.
(8)
Any other pertinent data, statements, drawings or plans which may be required by the Planning and Zoning Commission or the Village Board.
(9)
The following additional information for commercial and industrial developments:
(a)
Square feet of buildings;
(b)
Square feet of offices, production areas and the proposed number of employees in each such areas;
(c)
Details of proposed use or uses and manner of operation; and
(d)
The municipal services that may be required to serve the site.
B.
Approval of the preliminary development plan shall entitle the developer to final approval if the final development plan is submitted within 12 months of the date of approval of the preliminary plan and conforms to such layout and conditions of the approved preliminary plan and required final approval information. The Planning and Zoning Commission shall make a recommendation to the Village Board within 60 days of the submittal of a final plan. The Village Board then shall have an additional 60 days after receipt of the Planning and Zoning Commission recommendation in which to make a decision.