A.   Reflects the Village’s general character with a development that:

1.   Creates a distinctive place in Lake Bluff, that is clearly part of the overall community;

2.   Creates a neighborhood, and not just an isolated subdivision;

3.   Is at a scale that is inviting and comfortable to residents and visitors;

4.   Provides a mix of housing types that may include not just single-family dwellings, but also townhomes, two-family dwellings, multiple-unit dwellings; and

5.   Has the highest quality site designs and building materials.

B.   Incorporates existing physical site characteristics and infrastructure that support resident quality of life and:

1.   Connects pedestrians and bicyclists to nearby developments, recreational opportunities, and activities in a safe, appealing and efficient manner;

2.   Is harmonious with the community, tailored for Lake Bluff, and not generic;

3.   Reflects the Village’s unique small-town character;

4.   Is internally consistent (but not monotonous in design) in terms of layout, landscape, rhythm of streets and structures, and building materials so as to create a sense of place enjoyed by residents and visitors;

5.   Applies the flexibility of the PRD for creative and imaginative design that is not always possible under the conventional zoning regulations;

6.   Provides for timeless architecture, landscape, and site plan. Developments can be modern and distinctive in character, but should not be unusual, confusing, or unfamiliar so as to become obsolete as times and design preferences change;

7.   Presents a variety of home styles and sizes;

8.   Preserves the natural scenic qualities of open space in the Village; and

9.   Is respectful and reflective of the development’s immediate neighboring uses, surroundings and frontages.

C.   Incorporates the natural and built design elements that make the Village special and include:

1.   Safe and attractive paths and connections that allow individuals of all ages and abilities to access adjacent areas;

2.   Tree protection, new trees, wooded areas, and open spaces;

3.   Attractive, robust, and naturally presented landscaping;

4.   A variety of architectural styles and home sizes that have thoughtful design treatment given to all facades;

5.   Efficient roadway and utility design;

6.   Respect for historic preservation, where applicable; and

7.   A multi-generational place that is safe and encourages social interactions.

A.   Eligible Areas. No property may be included in a PRD and subject to the terms of this Chapter unless it is within the areas designated as eligible upon the following map:

B.   Required. Within the areas designed as eligible in Illustration 10-17-2.A, this Chapter must be used for any primarily residential development that involves either (i) six or more acres of land; or (ii) ten or more dwelling units.

C.   Optional. Within the areas designed as eligible in Illustration 10-17-2.A, the procedures of this Chapter may be used voluntarily to authorize other developments, but only where the Village Administrator determines that at least one of the following criteria apply to the proposed development:

1.   The proposed development will preserve a significant feature of the natural environment within the Village.

2.   The proposed development will preserve a protected feature designated pursuant to the Village’s Historic Preservation Regulations codified in Title 9, Chapter 14 of this Code.

3.   The proposed development is adjacent to or across the street from a previously authorized planned residential development, and the proposed development would be compatible in character and design with the previously authorized planned residential development. (Ord. 2022-30, 10-24-2022)

A.   Single-family dwellings.

B.   Two-family dwelling.

C.   Townhomes.

D.   Multiple-unit dwellings.

E.   The following nonresidential uses, provided that the use is complementary to the residential uses in the PRD:

1.   Recreational uses.

2.   Churches and houses of worship.

3.   Schools (provided that they do not have dormitory accommodations).

4.   Cultural or community facilities. (Ord. 2022-30, 10-24-2022)

A.   Maximum Density: The maximum number of dwelling units in a PRD is determined by the total size of the proposed development (in acres) multiplied by the district-specific standards listed below, rounded to the nearest whole number, except as may be modified in accordance with Section 10-17-8. The number of units of each dwelling type shall be subject to approval by the Village Board based on a recommendation of the PCZBA and satisfaction of the standards for Special Uses and PRDs.

B.   Maximum Height: The maximum height of a principal structure in a PRD shall be as follows, except as may be modified in accordance with Section 10-17-8:

C.   Open Space and Setbacks:

1.   Perimeter Open Space: An unobstructed yard setback of no less than least 30 feet in depth shall be provided along the perimeter of the PRD, provided that perimeter open space may be reduced or waived by the Village where it does not provide additional or necessary screening or impedes integrating the PRD into adjacent developments. The PRD must provide for ownership and maintenance of the perimeter open space by an owners’ association or equivalent entity.

2.   Other Than Conventional Lot Design: Where principal dwellings are owned in condominium or are otherwise surrounded by common areas around individual dwelling units or buildings (e.g. rather than conventional lots):

a.   All buildings must be located a minimum of 15 feet from other buildings and structures.

b.   The PRD must address if, and under what circumstances, accessory uses and structures may be maintained such as fences, patios, decks, driveways, walkways, and sheds.

3.   Clustering: Clustering of homes is not required, but may be applied as a design option to, among other things, establish a particular type of neighborhood layout; define common open space; preserve environmental areas; create a unique site character; or otherwise incorporate unique site opportunities. When applied, clustering of homes should:

a.   Avoid inefficient design or roadways or utilities that will unduly increase maintenance and replacement costs;

b.   Maximize connectivity throughout the development and to adjacent areas for those traveling by foot, bicycle, or vehicle;

c.   Avoid impacting environmentally sensitive or significant areas;

d.   Not cause adverse impacts between incompatible uses; and

e.   Not otherwise create adverse impacts.

4.   Common Open Space: PRDs shall include Common Open Space that meets all of the following requirements:

a.   At least 15 percent of the PRD’s site area shall be reserved as Common Open Space.

b.   The Common Open Space shall be owned and maintained by an owners’ association or equivalent entity.

c.   Except as authorized by the Village Board, Common Open Space intended to be accessible and used by residents of the PRD must also be accessible and usable by the public on similar or equal terms.

d.   The Common Open Space shall be maintained with grass, native plantings, ground covers, trees and shrubs except for those areas occupied by recreational structures or pathways for pedestrians and bicyclists (paved, gravel, or other approved materials).

5.   Preserving Environmental Areas: No development shall take place on existing environmental areas. For the purposes of this Chapter, Environmental Areas shall be defined as lakes, ponds, and streams; established tree stands, or savannahs. Preserved environmental areas may be counted toward the required Common Open Space.

D.   Anti-monotony: PRDs shall be planned and constructed so as to avoid monotonous design, particularly with regard to single-family dwellings. Single-family dwellings located on the same block or otherwise generally near one another shall be designed and constructed to avoid monotony with respect to roof line, windows, construction materials, color, location and size of doors, garage orientation, and style of principal entry, and location and orientation of garage entries. This requirement is not applicable to developments specifically designed to establish a unified design format for the development.

E.   Connectivity: PRDs shall be designed to facilitate safe and efficient connectivity internally, as well to the adjacent road system and the Village generally for all modes of transportation.

F.   Parking: In considering parking requirements for a PRD, the PCZBA may recommend, and the Village Board may require, more visitor parking than may otherwise be required by other sections of the Village Code. Visitor parking shall be in clusters and dispersed throughout the PRD so as to serve the entire development. (Ord. 2022-30, 10-24-2022)

A.   Public Benefit Defined: For purposes of this Chapter only, “Public Benefit” means an amenity provided in the form of an improvement, donation or dedication that is not otherwise required as part of the development process and that serves the residents of the PRD and the community at large.

B.   Public Benefit Required: In recognition of the impact of PRDs, an applicant that is granted approval for a PRD is required to provide a Public Benefit. The type, scale and intent of the Public Benefit shall be (i) commensurate with all zoning relief requested by the applicant, and (ii) proportional to the anticipated impact of the proposed PRD on adjacent properties and land uses, and on the community at large.

C.   Review of Proposed Public Benefit:

1.   The PCZBA shall review all proposed Public Benefits in conjunction with its review of all proposed PRDs pursuant to this Chapter.

2.   The PCZBA shall not recommend, and the Village Board shall not approve, any proposed Public Benefit except upon making a finding that the proposed Public Benefit satisfies the standards set forth in Section 10-17-6.B of this Chapter.

3.   The PCZBA may recommend, and the Village Board has the right to require, an alternate Public Benefit or combination of Public Benefits in lieu of, or in addition to, any Public Benefit proposed by the applicant.

4.   A determination that a proposed Public Benefit satisfies the standards set forth in Section 10-17-6.B of this Chapter shall not be deemed or interpreted as obligating the PCZBA or the Village Board to recommend or approve the associated PRD.

D.   Potential Public Benefits: Public Benefits that may be proposed include, without limitation:

1.   Age-restricted or age-targeted development for those looking to remain in or move to the Village.

2.   Additional affordable or middle-income housing in a manner that is consistent with the Village’s housing goals and policies.

3.   Historic preservation of protected features, as designated pursuant to the Village’s Historic Preservation Regulations codified in Title 9, Chapter 14 of this Code.

4.   Recreation, open space, and the preservation of environmental areas to the extent that: (i) such areas within or near a development are found to be in excess of what otherwise may be required by this Title; and (ii) any recreation and open space is made available for use by nearby property owners and the community as a whole.

5.   Newly established Sustainability Best Management Practices (BMPs) not already in place or otherwise required by the Village Code to the extent that such practices are applied throughout the proposed development and enhance stormwater management beyond what is required by federal, State, or local laws, regulations, or ordinances through conventional means. Such improvements shall help to retain, clean, and slow the flow of rainwater. Proposed BMPs may include rain gardens, bioswales, porous pavement or pavers, green roofs, native plant materials in or around detention / retention basins, or vegetated filter strips.

6.   Public art, installed within or near the PRD provided that the public art is:

a.   Prominently located to maximize enjoyment by the community;

b.   Of a scale appropriate for its location;

c.   Located so as not to present a danger to drivers, pedestrians, bicyclists or others;

d.   Provided with assurances for ongoing management and maintenance by the applicant, homeowner’s association or similar entity, or others; and

e.   Found by the Village Board to be in keeping with the requirements and intent of this Chapter and standards for PRD approval. (Ord. 2022-30, 10-24-2022)

A.   Informal Review: Before submitting an application for a PRD, an applicant must meet with Village Administrator (or the Administrator’s designee) to review the proposed development. The applicant shall present the general intent of the development and receive feedback regarding the extent to which the proposed development may be responsive to Village plans, policies and codes. The Village Administrator will describe the Village’s PRD review process. The informal review does not require the filing of a formal application or fee. Applicants are advised to provide information to the Village before or during the informal review that generally describes the proposed land use, property size, and character of the anticipated development. The informal review and the feedback provided during the informal review shall not constitute or be deemed to provide any approvals or commitments from the Village related to the proposed PRD.

B.   Community Meeting: Following the informal review set forth in Section 10-17-7.A, the applicant is encouraged, but not required, to hold a community meeting open to the public to share information about the proposed development. This step can provide information regarding community insights about the proposal, which applicants can use to prepare their applications for PRDs. The community meeting may alternatively be conducted after the preapplication stage set forth in Section 10-17-7.C.

C.   Preapplication:

1.   Preapplication Meeting: Prior to filing any application for a PRD, an applicant for a PRD must appear before a joint meeting of the PCZBA and Architectural Board of Review (ABR) at a workshop to present the general nature of the proposed development. As part of this workshop meeting, the PCZBA and ABR may ask questions and share feedback with the applicant. The PCZBA / ABR members may also provide the applicant with their initial impressions regarding the extent to which the proposal is or is not consistent with PRD standards, and the Village’s development goals and policies. The preapplication meeting and the feedback provided during the preapplication meeting shall not constitute or be deemed to provide any approvals or commitments from the Village related to the proposed PRD.

2.   Materials to be Provided for Preapplication Meeting: At least two weeks prior to the preapplication meeting, the applicant must provide the Village the following materials:

a.   General Statement: A written statement explaining the character and intent of the proposed PRD and how it reflects the Village’s Comprehensive Plan and development goals. The statement must specify any relief to be requested from the otherwise applicable provisions of this Title.

b.   General Site Information: Data regarding the total acreage of the development site and number of acres anticipated for individual land uses; number of dwellings units by type; total square feet of nonresidential development; presence of any historic features; proposed access points to nearby roads and utilities; existing easements on the site; and other information requested by the Village Administrator.

c.   Sketch Plan: A scaled drawing in sketch form showing the anticipated location of land uses, streets, lots, general site topography, recreation areas, environmental areas, stormwater detention areas, and other features as needed to convey the proposed format of the proposed development. The sketch plan shall also indicate land uses and structures adjacent to the proposed PRD.

d.   Preliminary Elevations: An artist’s renderings of proposed building types and common area buildings.

e.   Property Survey: A property survey of the site proposed for the PRD.

f.   Proof of Ownership or Interest: Evidence that the applicant owns or controls the property.

D.   Preliminary Development Plan Approval: A preliminary development plan for the proposed PRD shall be submitted to the Village Administrator. Only complete submittals, containing all materials required below unless waived by the Village Administrator, will be accepted for consideration by the Village and initiate the preliminary development plan process.

1.   Application Materials to be Provided for Preliminary Development Plan Consideration: An applicant for a PRD shall submit all of the following materials below to initiate a public hearing before the PCZBA on a preliminary development plan for a PRD. The need to provide any of the information in this Subsection may be waived by the Village Administrator upon finding that such information is not relevant or additive to the matter being heard, or if such information is otherwise available in another form complete enough to provide necessary understanding of the proposed development. The form of submittal and number of copies to be provided shall be determined by the Village Administrator.

a.   Application Form: The applicant shall submit a written application on forms supplied by the Village in a format approved by the Village Attorney.

b.   Payment: The payment of all required application fees.

c.   General Statement: A written statement explaining the character and intent of the proposed PRD and how it reflects the Village’s Comprehensive Plan and development goals. This statement shall specify the types of zoning relief sought in addition to the PRD approval, such as special uses, modifications, or variations.

d.   Site Survey: A survey prepared by an Illinois licensed land surveyor, which survey must include the legal description of the property and dimensioned indication of locations of any existing structures, utilities, roadways, floodplains, floodway and flood fringe boundaries on the property.

e.   Tree Survey: A survey of existing trees meeting the requirements of Section 10-11-8.C of the Zoning Regulations.

f.   Quantitative Site Information: Data regarding the total acreage of the proposed PRD site; number of acres and number of dwellings anticipated for residential land uses (by use type); the number of parking spaces; the location and size of any commonly owned structures for the development; any historic features; and anticipated development phasing.

g.   Preliminary Building Type Schedule: A schedule of each proposed building model or type; the quantity of each model or type within the development; and each model’s number of bedrooms, approximate footprint (two-dimensional), and approximate floor area (three-dimensional). This requirement shall not apply when the PRD is proposed to include only lots or development sites, not specific dwellings.

h.   Preliminary Site Plan: Scaled plan drawings showing the location of all proposed buildings and structures, streets, parking areas, pedestrian walks, trails, bike paths, permanent open spaces and recreation facilities, preserved historic features, and topography. Each dwelling unit must be identified as to type matching the applicant’s building type schedule. The preliminary site plan shall indicate the: (i) points of ingress and egress to the development; (ii) utility connection points; (iii) existing and proposed easements; and (iv) existing easements and structures within 250 feet of the property.

i.   Preliminary Elevations: Artist’s renderings of each proposed building type and each common area building.

j.   Preliminary Engineering Plan: An engineering plan showing the location and adequacy of existing and proposed sanitary sewer, storm sewer, water distribution systems, and stormwater management systems.

k.   Preliminary Landscape Plan: A preliminary landscape plan consistent with the requirements of this Chapter and identifying which existing trees are to be preserved or removed.

l.   Response to Standards: A written statement indicating how the proposed development meets the standards in Sections 10-2C-3.E and 10-17-7.D.3 and, if modifications are sought as part of the PRD approval, the standards in Section 10-17-7.

m.   Traffic Impact Study: A study showing the anticipated traffic generated by the proposed development and how it may impact nearby properties and the existing road system.

n.   Description of Proposed Public Benefit: A description of all Public Benefits proposed to be provided as part of the PRD in accordance with Section 10-17-6.

o.   Preliminary Plat of Subdivision: A preliminary plat of subdivision that, except for any requested modifications, meets the requirements of Title 11 of this Code.

p.   Anticipated Phasing and Construction Sequencing Plan: A narrative indicating the order in which sections of the proposed project (phases) and common area structures and buildings will be constructed. The anticipated timing for such development shall be provided, indicating the year and quarter each phase of construction is anticipated to be initiated and completed.

q.   Contacts: The names and contact information of professional consultants working with the applicant on the proposed development.

r.   Ownership Information: The names and addresses of all present and proposed owners of the project and the property. If the applicant is a trust, the names and addresses of the beneficiaries. If the applicant has shareholders, the applicant shall provide the name and addresses of all shareholders that have more than a five percent of the shares in the applicant.

s.   Additional Items: Other Items as may be required by the Village Administrator.

2.   Design Review: Prior to the Public Hearing on the preliminary development plan, the Architectural Board of Review (ABR) shall hold a meeting and conduct a Design Review of the proposed PRD. (This PRD-specific process is distinct from the Design Review process set forth in Section 10-2C-6.) The ABR findings and recommendations shall be provided to the PCZBA for its review and consideration during preliminary development plan Consideration. As determined by the PCZBA, findings and recommendations of the ABR may be incorporated into the PCZBA recommendations provided to the Village Board.

a.   The location, orientation and architecture of common area structures and buildings.

b.   Proposed streetscaping along roadways.

c.   Common area landscaping.

d.   Fencing or other screening along the perimeter of the PRD.

e.   The Public Benefits proposed by the applicant pursuant to Section 10-17-6 of this Code.

3.   Standards for Preliminary Development Plan Approval: The PCZBA may not recommend that the Village Board approve, and the Village Board shall not approve, a preliminary development plan for a PRD unless the preliminary development plan meets the standards for a special use set forth in 10-2C-3.E of this Code and all of the following standards:

a.   The uses proposed will not be detrimental to present and potential surrounding uses.

b.   The proposed development is consistent with the Village of Lake Bluff Comprehensive Plan.

c.   Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed development.

d.   Existing and proposed utility services are adequate for the proposed development.

e.   The proposed development, and each phase of the proposed development if construction will be in stages, will contain the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and suitable environment.

f.   The preliminary development plan complies with all other criteria and the stated purpose set forth in this Chapter, except that a preliminary development plan may be approved conditioned upon the passage of a future map or text amendment (e.g. rezoning) prior to, or concurrent with, the adoption of a final development plan.

4.   PCZBA Hearing: The application and proposed preliminary development plan shall be reviewed at a public hearing by the PCZBA. The PCZBA shall hold a public hearing on the application pursuant to the provisions of this Title, following publication of the required legal notice, within 90 days after the Village Administrator determines that the application is complete or such later meeting date as has been requested by and granted to the applicant.

5.   Recommendation by the PCZBA: Following the required public hearing, the PCZBA shall prepare its findings on the application for approval of the preliminary development plan and any other zoning relief applied for by the applicant and forward its recommendations to the Village Board. The PCZBA’s findings shall recommend approval, approval with conditions, or disapproval of the application.

6.   Decision by the Village Board: Upon receipt of the PCZBA’s findings and recommendation, the Village Board shall within 60 days initiate consideration of the application for approval of the preliminary development plan. The Village Board may approve the preliminary development plan; remand the application to the PCZBA or Architectural Board of Review, or both, for further evaluation; or deny the preliminary development plan. Approval of a preliminary development plan does not constitute an approval or commitment from the Village to approve a final development plan for a PRD. Approval of the preliminary development plan shall be by resolution duly adopted.

7.   Effect of Preliminary Development Plan Approval: Upon approval by the Village Board of the preliminary Development plan, the applicant may apply for final development plan approval for the PRD.

E.   Final Development Plan Approval: A final development plan for a proposed PRD shall be submitted to the Village Administrator for consideration by the PCZBA at a public hearing and then by the Village Board. A complete application for final development plan approval must be submitted to the Village Administrator within one year of the Village’s Board’s approval of a preliminary development plan approval unless the Village Board, by resolution duly adopted, grants an extension to the applicant prior to the expiration of the one-year deadline, which extension may not exceed one year.

1.   Application Materials to be Provided for Final Development Plan Consideration: Only complete submittals, containing all materials required below, unless waived by the Village Administrator, will be accepted for consideration by the Village and initiate the final development plan review process.

a.   Other Zoning Relief Applications: If applicable, complete applications for any map amendments (e.g. rezoning), text amendments, or other zoning relief necessary to complete the PRD proposed by the final development plan. The consideration of other necessary zoning relief shall be coordinated with the consideration of the final development plan.

b.   Final Building Type Schedule: A schedule of each proposed building model or type; the quantity of each model or type within the development; and each model’s number of bedrooms, approximate footprint (two-dimensional), and approximate floor area (three-dimensional).

c.   Final Site Plan: A scaled plan drawings, in final form, showing the location of all proposed buildings and structures, streets, parking areas, pedestrian walks, trails, bike paths, permanent open spaces and recreation facilities, preserved historic features, and topography. Each dwelling unit must be identified as to type matching the applicant’s building type schedule. The final site plan shall indicate the: (i) points of ingress and egress to the development; (ii) utility connection points; (iii) existing and proposed easements; and (iv) existing easements and structures within 250 feet of the property.

d.   Final Engineering Plan: A revised version of the preliminary engineering plan in compliance with all requirements of the Village Code.

e.   Tree Survey: A survey of existing trees meeting the requirements of Section 10-11-8.C of the Zoning Regulations.

f.   Final Landscape Plans: A revised version of the Preliminary Landscape Plan consistent with the requirements of this Chapter and identifying which existing trees are to be preserved or removed.

g.   Final Plat of Subdivision: A final plat of subdivision that, except for any requested modifications, meets the requirements of Title 11 of this Code.

h.   Final Elevations: Artist’s renderings of all building types and common area buildings.

i.   Quantitative Site Information: Data regarding total acreage of the proposed PRD site; number of acres and number of dwellings for residential land uses (by use type);number of parking spaces; the location and size of any commonly owned structures for the development; and any historic features.

j.   Phasing and Construction Sequencing Plan: A graphic and supporting narrative indicating the order in which sections of the proposed project (phases) and common area structures and buildings will be constructed. The anticipated timing for such development shall be provided, indicating the year and quarter each construction phase is anticipated to be initiated and completed.

k.   Summary of Changes from the Approved Preliminary Development Plan: A statement summarizing all changes that have been made, or have occurred, in any document, plan, data, or information previously submitted, together with a revised copy of any such document, plan, or data; and the statement shall explain how the final development plan remains in substantial conformance with the approved preliminary development plan.

l.   Additional Items: Other Items as may be directed by the Village Administrator.

m.   A Declaration of Covenants (if necessary): A declaration of covenants that establishes an owners’ association or equivalent entity, for review and approval by the Village Attorney. The declaration of covenants shall include, without limitation, all of the following provisions:

2.   PCZBA Hearing: The application and proposed final development plan shall be reviewed at a public hearing by the PCZBA. The PCZBA shall hold a public hearing on the application pursuant to the provisions of this Title, following publication of the required legal notice, within 60 days after the Village Administrator determines that the application is complete or such later meeting date as has been requested by and granted to the applicant.

3.   Recommendation by the PCZBA: Following a public hearing, the PCZBA shall prepare its findings on the application for approval of the final development plan and any other zoning relief applied for by the applicant and forward its recommendations to the Village Board. Such findings shall recommend approval, approval with conditions, or disapproval of the application and the reasons for the finding. In making its findings and recommendation, the PCZBA shall consider whether the application is in substantial conformance with approved preliminary development plan for the PRD. For purposes of this subsection, “substantial conformance” means that the final development plan is not inconsistent with the approved preliminary development plan in regard to all of the following:

a.   The type of residential land use(s) proposed.

b.   The proportion of the development (based on number of dwelling units) devoted to each type of proposed residential use differs by no more than five percent.

c.   The common open spaces have not been decreased by more five percent.

d.   The construction material is predominantly equivalent to what was included in the approved preliminary development plan.

e.   The location of common buildings and structures is consistent to what was included in the approved preliminary development plan.

f.   The location of roads, sidewalks, and paths are comparable to what was included in the approved preliminary development plan.

g.   The total bedroom count (if provided in the approved preliminary development plan) has not increased by more than five percent.

h.   The phasing plan (if provided in the approved preliminary development plan) is consistent with what was included in the approved preliminary development plan.

4.   Decision of Village Board: Upon receipt of the PCZBA’s findings and recommendation, the Village Board shall within 60 days initiate consideration of the application for approval of the final development plan based on whether the final development plan is in substantial conformance with the approved preliminary development plan. For purposes of this subsection, “substantial conformance” shall have the same meaning as set forth in Section 10-17-7.E.3 of this Code. The Village Board may approve the final development plan; remand the application to the PCZBA, the Architectural Board of Review, or both, for further evaluation; or deny the final development plan. Approval of the final development plan shall be by ordinance duly adopted.

5.   Conditions: The PCZBA and the ABR may recommend, and the Village Board may condition its approval of any PRD on such matters as the Board may find necessary to prevent or minimize any possible adverse effects of the proposed PRD, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this code, the village’s subdivision code, and the village’s comprehensive plan. The conditions will be expressly set forth in the ordinance granting the PRD. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of all approvals granted for the PRD.

6.   Effect of Final Development Plan Approval: If a PRD is approved, the final development plan and the ordinance approving the PRD will constitute the regulations applicable to the subject property and shall govern to the extent of any conflict with the provisions of this Title. No use or development not authorized or consistent with the approved final development plan will be permitted within the PRD except as the final development plan may be amended in accordance with Section 10-17-10 of this Code. (Ord. 2022-30, 10-24-2022; amd. Ord. 2022-38, 12-12-2022)

A.   Authority: Subject to the standards and limitations in this Section, the Village Board, as part of an approval of any PRD, may modify any provision of this Title, including this Chapter, or Title 11 of this Code, as they apply to a PRD, subject to the limitations in this Section.

B.   Standards: No modification may be approved unless the Board of Trustees finds that the proposed PRD:

1.   Will achieve the purposes for which a PRD may be approved pursuant to Section 10-17-1 of this Chapter;

2.   Will not violate the general purposes, goals, and objectives of this Code and the Village’s Comprehensive Plan; and,

3.   Will result in a development providing Public Benefits to the Village that are not otherwise required under this Code, as described in Section 10-17-6.

C.   Height Modifications: In addition to the standards set forth in Section 10-17-8.B, the Village Board will also consider the following additional standards prior to granting a modification to the maximum building height regulations:

1.   Where the structure is located on the site and its proximity to nearby structures or uses;

2.   The overall size of the PRD development, given that allowing additional building height, particularly for multiple-unit dwelling buildings on a small site, may be more impactful to adjacent properties; and

3.   The overall mix of dwelling types in the development.

D.   Other Limitations: In granting any modification pursuant to this Section, the Village Board shall in no event:

a.   The proposed development meets standards for approval of a PRD set forth in Section 10-17-7.D.3.

b.   The proposed development meets standards for a special use set forth in Section 10-2C-3.E.

c.   The total number of dwelling units does not exceed 125 percent of the total dwelling units allowed in Section 10-17-5.A, rounded to the nearest whole dwelling unit.

3.   Allow the height of a single-family dwelling to exceed 40 feet. (Ord. 2022-30, 10-24-2022; amd. Ord. 2022-38, 12-12-2022)

A.   Standards for Amendments. An amendment to a PRD may modify any aspect of the PRD approval, including any modifications under Section 10-17-8. No amendment to a PRD, pursuant to this Section, shall be approved except upon finding that:

1.   The amendment does not change the concept or intent of the PRD;

2.   The amendment will not diminish any Public Benefit provided to secure approval of a PRD, except to the extent that an equal or greater Public Benefit is provided as a result of the amendment; and,

3.   The PRD, subsequent to amendment, will continue to satisfy all applicable standards under this Chapter.

B.   After Preliminary Plan Approval. An approved preliminary plan may not be amended. Any discrepancy between a preliminary plan and final plan must either be (i) determined by the Village to be in “substantial conformance,” as described in 10-17-7; or (ii) resolved by seeking a new preliminary plan approval, which requires the same approval process, procedures, and limitations as an initial application. A prior approval is in no way a guarantee, obligation, or precedent supporting the approval of a subsequent PRD proposal.

C.   After Final Plan Approval. The following procedures apply after a Final Plan is approved but prior to substantial completion of all phases of the development:

1.   Major Changes. Any change that would render the resulting development out of “substantial conformance” with the Final Plan, as that term is defined in 10-17-7.E.3, must be resolved by seeking a new PRD approval subject to the same approval process, procedures, and limitations as an initial application. A prior approval is in no way a guarantee, obligation, or precedent supporting the approval of a subsequent PRD proposal.

2.   Minor Changes: All other changes are “Minor Changes” for the purposes of this Section. An applicant may present a proposed Minor Change to an approved PRD to the Village Administrator for approval. The Village Administrator may approve the proposed Minor Change without further proceedings, provided that the Village Administrator finds that the proposed change does not change the concept or intent of the PRD. The Village Administrator, in the Administrator’s sole discretion, may also refer the proposed Minor Change to the PCZBA for review and approval without a public hearing, which approval the PCZBA may grant provided that the PCZBA finds that the proposed change does not change the concept or intent of the PRD.

D.   After Substantial Completion. This subsection applies after substantial completion of all phases of the development, including the transfer of responsibility to an owners’ association and the actual occupancy of the PRD. This Section is intended only to allow for the adaptation of PRDs to subsequent changes in conditions and regulations as may occur throughout the indefinite lifespan of a PRD, and not to allow for the extension of special privileges or the diminishment of any of the obligations of an owner or owners’ association.