The purpose of a planned unit development is to provide a tool to accommodate development which is in the public interest, provides a public benefit, and which would not otherwise be permitted by the zoning ordinance. A planned unit development may be for residential, commercial, office or industrial use. A mixed use development is also permitted, subject to the appropriate regulations of this article.

A planned unit development is of a substantially different character than other uses in this chapter and is, therefore, considered a conditional use. The regulations applicable to planned unit developments in this article provide for a greater degree of flexibility than the strict regulation of individual zoning districts.

   A.   Specifically, planned unit developments are intended to provide for:

      1.   A maximum choice in the types of development available by allowing developments that would not be possible under the strict application of the regulations of other articles of this chapter.

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

      3.   Creative development designed to preserve topographic and geographic features.

      4.   An approach to the use of land that results in better development, design and amenities.

      5.   A use of land resulting in more efficient provision of utilities, streets, and other public facilities. (Ord. 4590, 9-21-1993; amd. Ord. 5751, 8-4-2009)

A planned unit development is a conditional use which may be granted by the village board after a determination that the planned unit development is in the best interest of the village and complies with the standards of this article. The planning and zoning commission may recommend and the village board may require any reasonable condition or design consideration which will promote proper development. (Ord. 4590, 9-21-1993; amd. Ord. 5219, 11-6-2001)

Review and approval of a planned unit development may be performed in the following stages:

   A.   Review of a conceptual plan.

   B.   Review and approval of a preliminary plan.

   C.   Review and approval of a final plan.

Specific procedure and submission requirements for planned unit developments are provided in the zoning application available in the community development department. In addition to the formal submittal requirements set forth in the zoning application, the following shall be required to qualify a planned unit development for consideration by the village board:

   A.   Conceptual Plan: Prior to filing a formal application for approval of a planned unit development, the applicant shall present to the village staff a general concept of the proposed development and begin a discussion regarding the various characteristics of the development concept.

      1.   Conceptual Planned Unit Development Submittal Requirements:

         a.   A written letter of intent from the petitioner describing the concept for developing the site.

         b.   Proof of ownership or other right to develop the property. The director's determination of sufficiency of right to develop shall be final.

         c.   Current plat of survey of the subject property.

         d.   A topographic survey and location map.

         e.   Conceptual plans describing proposed land use, type and density of structures, street and lot arrangement, building floor area, and tentative lot sizes.

         f.   Other material the director of community development may deem appropriate.

      2.   Review Of Conceptual Plan: Village staff will review and provide comments of the conceptual planned unit development. The applicant may then request a conference with the director of community development and other village staff to discuss the review comments on the conceptual planned unit development.

   B.   Preliminary Plan:

      1.   Filing Of Application: An application for a preliminary planned unit development shall be filed with the director of community development.

      2.   Preliminary Plan Submittal Requirements:

         a.   Proof of ownership or other right to develop the property. The director's determination of sufficiency of right to develop shall be final.

         b.   A written letter of intent from the petitioner describing the planned unit development.

         c.   A current plat of survey showing the existing conditions of the subject property, including:

            (1)   Boundary lines: bearings and distances.

            (2)   Easements: location, width, and purpose (including fire lanes).

            (3)   Streets on, and adjacent to, the tract: street name, right of way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

         d.   Utility plans showing the location and size of existing sewers, water mains, culverts or other underground facilities within the tract out to a distance of one hundred feet (100') beyond the tract. This shall also indicate such data as grades, invert elevations, and location of catch basins, manholes, and hydrants.

         e.   A topographic survey and location map, including:

            (1)   Existing contours at vertical intervals of not more than one foot (1'); watercourses, floodplains, marshes, rock outcrops, trees of twelve inches (12") diameter or more, other significant features, and soil bearing data at locations and depths as may be required by the department of public works and engineering.

         f.   Zoning information for the subject property, and adjacent property.

         g.   A master plan including such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, other facilities to indicate the character of the proposed development. This shall include:

            (1)   Layout, numbers, and typical dimensions of lots for subdivisions and/or building locations to the nearest foot; and the proposed land use for each lot, parcel or tract.

            (2)   Proposed building setback lines, indicating dimensions.

            (3)   Areas other than street rights of way intended to be dedicated or reserved for public use and the approximate area in acres of each such area.

         h.   A site plan including the exterior and interior roadways and streets, walkways, fire lanes, parking lots, including accessible parking stalls, areas reserved for landscaping and screening, all proposed building and structures, freestanding signs, outdoor lighting, trash storage areas and loading areas. The plan shall indicate rights of way and pavement widths, street names (not duplicating the name of any street used in the village, unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development.

         i.   Preliminary engineering plans indicating proposed stormwater sewer lines, sanitary sewer lines, water mains and stormwater detention or retention facilities. This shall include topographic data including proposed contours and areas to be provided for stormwater detention, detention calculations, and floodplain compensatory storage.

         j.   Preliminary architectural plans indicating the style and building materials of the planned unit development. Shall include building elevations, floor plans, building and wall sections.

         k.   Preliminary landscape plan indicating the location and description of planting materials.

         l.   Preliminary lighting information, including a photometric plan, fixture cut sheets and light pole details.

         m.   A development schedule indicating date and phases in which the project will be built with emphasis on area, density, use, and public facilities such as open space. This shall include the following:

            (1)   Approximate starting date of construction.

            (2)   The number of construction phases and the starting date of each phase.

            (3)   The completion date of each phase.

         n.   A draft of all proposed bylaws, covenants, easements, maintenance and other agreements, wherever applicable.

         o.   Impact assessments as may be required by the department of community development in order to adequately evaluate the effect of the proposed development on the environment, the existing community facilities, and the existing and proposed land uses surrounding the development.

         p.   An identification and explanation of those aspects of the planned unit development that vary from the requirements of the otherwise applicable zoning district, as well as variations from the development code.

         q.   Other material the director of community development may deem appropriate.

      3.   Review Of A Preliminary Planned Unit Development Plan:

         a.   The director shall, upon receiving a complete application for a preliminary planned unit development, forward the application, along with required supporting documentation, to the planning and zoning commission for review and recommendation.

         b.   The planning and zoning commission shall convene a public hearing as provided in subsection 14.203G of this chapter.

         c.   Following the public hearing and review of the preliminary planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, or disapprove the plan or return it to the planning and zoning commission for further consideration.

         d.   Approval of a preliminary planned unit development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans.

         e.   Upon approval of the preliminary plan by the village board, an ordinance shall be prepared, including the recommendation and conditions of approval of the planning and zoning commission. The ordinance shall be filed in the office of the village clerk, and recorded with the recorder of deeds of Cook County.

   C.   Final Plan:

      1.   Filing Of Application: An application for a final planned unit development plan shall be filed with the director of community development. The final plan shall be in compliance with the approved preliminary plan, and submitted no more than one year after approval of the preliminary plan. The preliminary and final plans may be submitted simultaneously if all requirements of this article are met. A petitioner intending to combine the preliminary and final plan hearings must make such request at the time of filing the application.

      2.   Final Planned Unit Development Plan Submittal Requirements:

         a.   Final Documentation: Final documentation of all the information required for the preliminary planned unit development.

         b.   Recordable Plan: A final planned unit development plan that is suitable for recording with the county recorder of deeds.

         c.   Legal Description: An accurate legal description of the entire area under immediate development within the planned unit development.

         d.   Subdivision Plat: If subdivided lands are included in the planned unit development, a subdivision plat meeting all the requirements of the development code.

         e.   Legal Description Of Use Areas: An accurate legal description of each separate use area, including common open space.

         f.   Location And Uses Of Each Building: Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses of each building.

         g.   Dedication Of Land Requirements: Certificates, seals, and signatures required for the dedication of land and recording of the document.

         h.   Tabulations On Each Use Area: Tabulations on each separate use area, including land area, number of buildings, number of dwelling units per acre.

         i.   Common Open Space Documents: All common open space, at the election of the village, shall be:

            (1)   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 unit development or adjoining property owners or any one or more of them; or

            (2)   Guaranteed by a restrictive covenant describing the open space and maintenance improvement, the covenant shall run with the land for the benefit of residents of the planned unit development and/or adjoining property owners.

         j.   Maintenance: The use, maintenance and continued protection of the planned unit development shall be governed by, in order of primacy:

            (1)   The planned unit development ordinance;

            (2)   This code;

            (3)   Declarations and covenants of the property owners; and

            (4)   The application submittals not included in the planned unit development ordinance.

The village may require a surety bond in its favor, in the amount of the estimated cost of the installation and maintenance of such proposed site improvements as pools, fountains, landscaping, and other features.

      3.   Review Of A Final Planned Unit Development Plan:

         a.   Director Forwards To Planning And Zoning Commission: The director shall, upon receiving a complete application for a final planned unit development, forward the application, along with required supporting documentation, to the planning and zoning commission for their review and recommendation to the village board.

         b.   Public Hearing: The planning and zoning commission shall convene a public hearing as provided for in subsection 14.203G of this chapter.

         c.   Village Board Decision: Following the public hearing and review of the final planned unit development and supporting data, the planning and zoning commission shall send its findings and recommendations to the village board which shall, within sixty (60) days, approve, approve with modifications, disapprove the plan, or return it to the planning and zoning commission for further consideration.

         d.   Approval: Upon approval of the final plan by the village board, an ordinance shall be prepared, including the recommendation of the planning and zoning commission, and conditions of approval. The ordinance shall be filed with the office of the village clerk, and recorded with the recorder of deeds of Cook County. (Ord. 6112, 12-17-2013)

Except as provided below, no planned unit development shall be approved unless the development meets the standards for conditional uses, and the standards set forth in this section:

   A.   General Standards:

      1.   Except as modified by and approved in the final planned unit development plan, the proposed development complies with the regulations of the district or districts in which it is to be located.

      2.   The principal use in the proposed planned unit development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site.

      3.   The proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance.

      4.   The streets have been designed to avoid:

         a.   Inconvenient or unsafe access to the planned unit development;

         b.   Traffic congestion in the streets which adjoin the planned unit development;

         c.   An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development.

   B.   Standards For Planned Unit Developments With Use Exceptions: The ordinance approving the final development plan for the planned unit development may provide for uses in the planned development not allowed in the underlying district, provided the following conditions are met:

      1.   Proposed use exceptions enhance the quality of the planned unit development and are compatible with the primary uses.

      2.   Proposed use exceptions are not of a nature, nor are located, so as to create a detrimental influence in the surrounding properties.

      3.   Proposed use exceptions shall not represent more than forty percent (40%) of the total floor area. However, in a residential planned unit development area no more than ten percent (10%) of the site area or the total floor area shall be devoted to commercial use. No industrial use shall be permitted within a residential planned unit development.

   C.   Standards For Planned Unit Developments With Other Exceptions: The Village Board may approve planned unit developments which do not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards when such approval is necessary to achieve the objectives of the proposed planned unit development, but only when the Board finds such exceptions are consistent with the following standards:

      1.   Any reduction in the requirements of this chapter is in the public interest.

      2.   The proposed exceptions would not adversely impact the value or use of any other property.

      3.   Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties.

      4.   In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities.

      5.   All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following:

         a.   The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater.

         b.   All transitional yards and transitional landscape yards of the underlying zoning district are complied with.

         c.   If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements:

            (1)   All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses;

            (2)   All structures located along the entire perimeter of the planned unit development must be permanently screened with sightproof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses.

         d.   The area of open space provided in a planned unit development shall be at least that required in the underlying zoning district.

   D.   Open Space Requirements For Residential Planned Unit Developments: A minimum of forty percent (40%) of the total lot coverage of a residential planned unit development in the R-1, R-2, R-3, R-4 Zoning Districts, shall be devoted to open space. Open space shall be limited to the following items:

      1.   Recreation open space, as follows:

         a.   Swimming pools;

         b.   Tennis courts;

         c.   Recreation buildings;

         d.   Natural water features, wetlands and conservation areas;

         e.   Stormwater management areas, such as retention/detention ponds which are accessible to occupants via nature trails, boardwalks and/or walkways. Such stormwater management areas shall be designed as natural water features and landscaped to meet the Village's landscape requirements specified in section 14.2304 of this chapter;

         f.   Playgrounds;

         g.   Walking or jogging trails;

         h.   Other recreation spaces requiring permanent structures on the property other than principal buildings. May include, but are not limited to, gazebos, pergolas and patios.

      2.   Private yards and courts adjoining residential yards.

      3.   The combined area of retention ponds, natural water features, wetlands, and conservation areas shall not exceed fifty percent (50%) of the required open space coverage of a residential planned unit development.

      4.   Buffer open space:

         a.   Buffer yard areas around the perimeter of adjoining properties.

         b.   Interior and perimeter parking lot open space.

   E.   Changes In The Planned Unit Development: A planned unit development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and 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 (including the internal use of buildings and structures) and location of structures in the planned unit development as set forth therein.

      1.   Major Changes: Changes which alter the concept or intent of the planned unit development including increases in the density, change in location and types of nonresidential land uses, increases in the height of buildings, reductions of proposed open space, changes in proportion of housing types, changes in road standards or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new preliminary plan and supporting data, and following the preliminary approval steps and subsequent amendment of the final planned unit development plan.

      2.   Minor Changes: The Village Manager, after recommendation from the Community Development Director, may approve 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" are defined as any change not defined as a major change. Minor changes may include, but are not limited to, items like revisions in landscape plans, building elevations or utility plans. The Village Manager may also choose to schedule the minor change for review by the Village Board.

   F.   Schedule Of Construction: The Village Board shall consider the planned unit development subject to revocation if construction falls more than one year behind the schedule filed with the final plan, or exceeds five (5) years. The developer shall be notified prior to any revocation action. It shall be considered notification if notice is sent via registered or certified mail to developer's last known address. Extensions in the building schedule may be granted by the Village Board. (Ord. 4590, 9-21-1993; amd. Ord. 5000, 3-16-1999; Ord. 5219, 11-6-2001; Ord. 5751, 8-4-2009; Ord. 6112, 12-17-2013; Ord. 6316, 4-5-2017)