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Morton Grove City Zoning Code

CHAPTER 12

6 PLANNED UNIT DEVELOPMENTS

12-6-1: STATEMENT OF PURPOSE

The approval of a planned unit development is intended to facilitate a development which is in the public interest and can provide a public benefit that would not otherwise be permitted if all regulation governing the land use and development of the site had to be met. In approving a planned unit development, the Village board of trustees may impose greater restrictions, or allow modifications and exception from regulations so long as such requirements, allowances, modifications and exceptions are consistent with and justified by the benefits accruing to the Village and the public interest generally as a result of the planned unit development. Planned unit developments shall be allowed in all zoning districts. The intent of this section is to permit flexibility and provide performance standards for planned unit developments which permit a creative approach to the development of land which may not be possible if all the technical requirements of the underlying zoning or subdivision regulations had to be met. A planned unit development is a special use, therefore requiring that the development must meet the standards of a special use, in addition to the following objectives. (Ord. 07-07, 3-26-2007)

12-6-2: OBJECTIVES

The following objectives shall be considered and may serve as a basis for approving a planned unit development:

  1. Allow flexibility in the development of land and in the design of structures thereon;
  2. Facilitate more efficient arrangement of buildings, traffic and circulation systems, land use, and utilities;
  3. Provide for more usable and suitably located common open space and/or recreation areas and to encourage the construction of appropriate aesthetic amenities which will enhance the character of the site;
  4. Preserve and enhance desirable site characteristics and natural features such as natural topography, vegetation, and geological features, and the prevention of soil erosion;
  5. Promote a higher standard of site and building design which will ensure a quality of construction commensurate with other developments within the Village and is compatible with the character of the surrounding area and adjoining properties;
  6. Provide for a variety of housing types within the Village;
  7. Provide for the development and redevelopment of unique land areas and sites that may not otherwise be possible under the strict application of Village regulations and standards governing said development;
  8. Facilitate the implementation of the goals and objectives of the comprehensive plan, particularly in respect to areas designated for potential redevelopment;
  9. Encourage the development of quality affordable residential housing units; and
  10. Encourage energy efficiency and use of green building and site design techniques. (Ord. 07-07, 3-26-2007)

12-6-3: GENERAL PROVISIONS

These provisions shall apply to all planned unit developments proposed:

  1. Authorization: A planned unit development may be approved and granted by the Village board of trustees after proper application pursuant to forms and procedures established by the building commissioner have been filed and processed, and after a public hearing has been held in accordance to the procedures set forth in section 12-16-4, "Procedure For Plan Commission", of this title, and after a determination has been made that the planned unit development is in the best interest of the Village. The plan commission may recommend and the Village board of trustees may require any reasonable conditions or design considerations as a condition for the approval of the planned unit development.
  2. Ownership: The entire planned unit development shall be held in single ownership; or if there are two (2) or more owners, the application for said planned unit development shall be jointly filed and executed by all such owners. The application for a planned unit development shall contain a statement executed by all property owners as follows:
    1. All applicants, their successors, grantees and assigns shall be bound by all conditions and regulations which may be imposed upon the granting of all planned unit development, and as they apply to each individual parcel;
    2. The applicant shall cause any ordinance granting the planned unit development and all attachments thereto, to be recorded by the Cook County recorder of deeds against every separate parcel included in the planned unit development;
    3. The ownership of the planned unit development shall not change without the express approval of the Village board of trustees until the planned unit development is fully developed; and
    4. No individual parcel may be withdrawn from the planned unit development after it is approved by the Village board of trustees without the express approval of the Village board of trustees.
  3. Uses Allowed: Only those uses listed as permitted, accessory, or special uses in the zoning district where the planned unit development is proposed shall be allowed in the planned unit development.
  4. Size: Planned unit developments shall be allowed in all zoning districts on site sizes of not less than the following:
    1. R-1 single-family district: One and one-half (1 1/2) acres.
    2. R-2 single-family district: One and one-half (1 1/2) acres.
    3. R-3 general residence district: One and one-half (1 1/2) acres.
    4. C-1 general commercial district: One acre.
    5. C-2 neighborhood commercial district: One acre.
    6. C/R commercial/residential district: One acre.
    7. M-1 restricted manufacturing district: Two (2) acres.
    8. M-2 general manufacturing district: Two (2) acres. (Ord. 07-07, 3-26-2007)
  5. Site Development Allowances, Modifications, Exceptions: Except as otherwise expressly provided in the ordinance granting and approving the planned unit development, all planned unit developments shall comply with all regulations and standards governing the zoning, use, and development of the site. The plan commission may recommend and the Village board of trustees may approve other such modifications and exceptions and may impose additional restrictions and conditions from regulations governing setback, height, off street parking and loading, screening, lighting, signage, and subdivision design standards, density and floor area ratio. (Ord. 13-21, 11-25-13)

12-6-4: PERFORMANCE STANDARDS

Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the Village board of trustees only in direct response to the accrual of tangible benefits from the planned unit development to the Village or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities, outstanding environmental, landscape, architectural or site design, or the conservation of special manmade or natural features of the site. Each planned unit development should be presented and judged by its own merits. In reviewing an application for a planned unit development, the following standards shall be considered in a reasonable manner, with appropriate regard for the restrictions and/or limitations which exist for the site.

  1. Comprehensive Plan: The planned unit development shall be consistent with the general policies of the Village as may be expressed in the comprehensive plan.
  2. Public Welfare: The planned unit development should be so located, designed, operated and maintained in a manner that will not only protect, but promote the public health, safety, and welfare of the Village.
  3. Impact On Adjoining Properties: The proposed planned unit development will not be injurious to the use and enjoyment of adjoining property and that the exceptions to the underlying district regulations are for the purpose of promoting development which is beneficial to the residents or occupants of the surrounding properties with and adjoining the proposed development.
  4. Drives, Parking And Circulation: Principal vehicular access to the planned unit development shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Adequate provision should be made to provide ingress and egress in a manner that minimizes traffic congestion in the public streets.
  5. Impact On Public Facilities: The planned unit development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it, and not negatively impact the existing public infrastructure. Surface water in all paved access areas shall be collected in a manner that will not obstruct the flow of vehicular and pedestrian traffic.
  6. Adequate Buffering And Landscaping: Adequate fencing, screening, and landscaping shall be provided to protect the enjoyment of surrounding properties, or provide for public safety, or to screen parking areas or other visually incompatible uses. The existing landscape should be preserved in its natural state, to the extent as practicable, minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed area.
  7. Integrated Design: The planned unit development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, and facilities, including common open space and storm water detention areas, and for appropriate relationship of space between buildings and site. Any common open space shall be integrated into the design in a manner which has a direct or visual relationship to the main building(s) and not be of an isolated or leftover character.
  8. Appearance: The design of all buildings, structures, and facilities on the site of the planned unit development shall be subject to the approval of the appearance review commission, and shall be of quality as good, if not better, than the surrounding neighborhood. Higher or denser buildings shall be located in such a way as to dissipate any adverse impact on adjoining lower buildings within the development or on surrounding properties.
  9. Relationship To Adjoining Land And Neighborhood: All planned unit developments shall encourage designs that emphasize accessibility, open views and connections to the larger community as a whole, discouraging new development which may divide neighborhoods and restrict access to adjacent property. In order to achieve this objective, the design of lots, streets, sidewalks, and accessways within the planned unit development, the continuation of such existing or proposed features to adjoining areas shall be encouraged. When a proposed planned unit development adjoins land susceptible of being subdivided, resubdivided, or redeveloped, new streets, sidewalks, and accessways may be carried to the boundaries of the proposed planned unit development. (Ord. 07-07, 3-26-2007)

12-6-5: SUBMITTAL REQUIREMENTS

  1. All information required for the submittal of planned unit developments shall be in accordance with the application form available at the department of building and inspectional services at Village hall.
  2. All planned unit developments which include a subdivision of land shall be required to comply with chapter 8, "Subdivisions", of this title and necessary submittals.
  3. All planned unit developments which include special uses as identified in chapter 4, "Zoning Districts", of this title shall comply with the provisions regarding special uses in this title and necessary submittals.
  4. All planned unit developments which include private roads, driveways, and right of way vacations shall be required to comply with the procedures set forth in chapter 9, "Accessways", of this title and necessary submittals.
  5. Draft homeowner's declarations and covenants that shall include, at a minimum, the following:
    1. Owners' Association:
      1. The membership in the owners' association shall be mandatory for each and every owner, and successive owner, of all units located on the property.
      2. The owners' association shall own and be responsible for the continuity, care, conservation, maintenance and operation in a first rate condition, and in accordance with predetermined standards, of the common areas, including, without limitation, all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the common areas and the cost of power required for the affected equipment and appurtenances.
      3. The owners' association shall be responsible for casualty and liability insurance, and the Village shall be named as an additional insured on all policies of liability insurance obtained by the owners' association.
      4. The owners of all units located on the property or the owners' association, as applicable, shall be responsible for the real estate taxes for the common areas.
      5. The owners of all units located on the property shall pay their pro rata share of all costs and expenses incurred by the owners' association by means of an assessment to be levied by the owners' association that meets the requirements for becoming a lien on the property in accordance with the statutes of the state of Illinois.
      6. The owners' association shall have the right to adjust the assessment to meet changed needs except any assessment imposed by the Village. The membership vote required to authorize an adjustment shall not be fixed at more than fifty one percent (51%) of the members voting on the issue.
      7. The owners' association shall be created and established prior to the sale of any portion of the property.
    2. General Provisions:
      1. The Village, as well as the owners of the units located on the property, shall have the right to enforce the declaration.
      2. The Village shall have the right, but not the obligation, after ten (10) days' written notice to the owners' association:
        1. To perform any maintenance or repair work that, in the sole opinion of the Village, the owners' association has neglected to perform on the common areas,
        2. To assess the membership for that work, and
        3. To enforce the lien in the manner provided by law for mortgage foreclosure proceedings.
      3. The declaration shall run with and bind any and all portions of the property and shall be binding on the owner, and its successors in interest, to all portions of the property; provided, however, that the declaration may provide for its amendment, modification, or termination at any time upon obtaining the prior consent of the Village to said amendment, modification, or termination. (Ord. 07-07, 3-26-2007)

12-6-6: FINAL APPROVAL AND RECORDATION

  1. Final Plan Requirements:
    1. Timing: Within six (6) months following the Village board of trustees enactment of an ordinance granting the planned unit development, the applicant shall file a final development plan with the building commissioner.
    2. Contents: A final site plan suitable for recordation with the Cook County recorder of deeds shall include the following:
      1. Final designation of the location, ground area, height, bulk and exact dimensions of all existing and proposed buildings and structures within the planned unit development; the use or uses to be made of such existing and proposed buildings or structures; the dimensions of all perimeter setbacks and the distances between all buildings and structures; the final location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping; the final location, dimensions and utilization characteristics of all required common open space; and the exact location and dimensions of any areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, churches, school sites, public buildings, or for any other public or quasi-public use;
      2. An accurate legal description of the entire zoning lot upon which the planned unit development is to be located, and a legal description of each separate subdivided parcel, including common open space to be conveyed, dedicated or reserved for public or quasi-public uses, and any other such areas or facilities to be so conveyed, dedicated or reserved;
      3. A detailed tabulation of each separate land use area, including land and building areas, and where applicable, the total number of residential dwelling units, the number of bedrooms therein and the net and gross residential density, as defined herein;
      4. All covenants, easements, agreements and other provisions required to govern the use, maintenance and continued protection of the planned unit development and any common open space areas and public or quasi-public uses included therein, along with an agreement assuring that the applicant, any subsequent owner or, where applicable, a homeowners' association shall be responsible for all street, utility and common open space maintenance within said development and for snowplowing and refuse disposal; and
      5. All plats, certificates, seals and signatures required for the dedication or vacation of land and/or the recording of the final site plan.
    3. Supporting Documentation: Said final documentation shall include the following:
      1. A detailed landscape plan based on final architectural decisions indicating the specific location and character of all landscaping, including the size and species of all trees, shrubs, hedges and other ground cover, the location, size and type of all screening and fencing and the location, height, design and illumination characteristics of all external lighting fixtures within the development;
      2. A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all water distribution lines, sanitary sewers and storm drainage facilities required to serve the planned unit development, and the manner in which surface drainage will be controlled and managed consistent with all applicable Village ordinances and regulations;
      3. Evidence of the financing plan the applicant proposes to use to complete the proposed planned development. The applicant's prior success in completing projects of similar scope may be offered in support of this requirement, or, if deemed appropriate, this requirement may be waived;
      4. A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned development;
      5. A development and construction schedule indicating the following:
        1. The date when construction of the planned unit development will begin or, if developed in stages, the date when construction of the initial stage will begin;
        2. If the planned unit development is to be developed in stages, a map indicating the stages in which the planned unit development will be built, the dates when the final development plans will be filed, and the approximate dates when construction of each subsequent stage will begin;
        3. The date when construction of the planned unit development will be completed, and the date when a specific use or uses will be established, or if developed in stages, the date when construction of each stage will be completed, and the date when a specific use or uses will be established for each stage;
        4. If developed in stages, the area and location of common open space areas and public or quasi-public facilities which will be conveyed, dedicated or reserved upon the completion of each stage;
      6. Typical building elevations and schematic design presentations indicating the architectural character of all proposed buildings and structures based on final architectural decisions by the appearance review commission and prepared in detail; and
      7. Detailed drawings and design presentations of all signs to be erected within the planned unit development in accordance with the applicable regulations contained in this title.
  2. Recordation: The final site plan shall be signed by the appropriate signatories and appropriately recorded with the Cook County recorder of deeds along with any required plats of subdivision, right of way vacations, dedications, covenants, easements, special use/PUD ordinance, and any other pertinent documents. The Village shall record the plat; however, the cost shall be borne by the applicant. (Ord. 07-07, 3-26-2007)

12-6-7: REVOCATION OF PERMITS

  1. Construction Timing: Construction of a development under a planned unit development permit shall commence within eighteen (18) months from the date of passage of the authorizing ordinance by the Village board of trustees and shall proceed to completion in accordance with the submitted phasing plan and construction schedule. If no substantial development construction has begun or progressed in accordance with the time permitted by ordinance and stated in the approved development and construction schedule, then the planned unit development shall lapse upon written notice to the applicant from the Village board of trustees and shall be of no further effect.
  2. Time Extension Allowed: Upon application by a permittee of a planned unit development, the Village board of trustees may extend the time for either the commencement of construction or the progression of construction if the planned unit development is to be constructed in phases in accordance with approved development and construction schedule. Such applications shall be allowed only after an approved public hearing by the plan commission in accordance with the provisions of chapter 16, "Project Approval Process", of this title. Such extension shall be granted only if the delay is for good cause, and shall not exceed twelve (12) months, or if the delay or anticipated delay is caused by governmental action without fault on the part of the applicant in which case the extension may be granted for a period not longer than the period of the governmental delay. (Ord. 07-07, 3-26-2007)
HISTORY
Amended by Ord. 25-17 on 4/22/2025

25-17