Palos Heights City Zoning Code

PLANNED RESIDENTIAL

DEVELOPMENT

§ 153.100 INTENT.

Ingenuity, imagination, and design efforts on the part of builders, architects, site planners, and developers can produce residential developments which are in keeping with overall land use intensity and open space objectives of the master plan while departing from the strict application of use, setback, height, and minimum lot size requirements of several zones. The intent of this section is to permit such flexibility and provide performance criteria for planned residential development which: permit a creative approach to the development of residential land; accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the zoning code and subdivision code; provide for an efficient use of land, resulting in smaller networks of utilities and streets, and thereby lower housing costs; enhance the appearance of neighborhoods through preservation of natural features, the provision of underground utilities where feasible, and the provision of recreation areas and open space in excess of existing zoning and subdivision requirements; provide an opportunity for new approaches to living environment; and provide an environment of stable character compatible with surrounding residential areas.

(Ord. O-17-70, passed 7-7-70)

§ 153.101 VOLUNTARY ALTERNATE PROCEDURE.

(A) The use of the planned residential development procedures contained herein is not mandatory for the development of any parcel of ground.

(B) The intent and purpose of this process is to provide a voluntary alternate procedure which maximizes the utilization of land primarily for the benefit, use, and enjoyment of the future residents of that area and the existing residents of the city. In a planned residential development, open space and common recreational areas and facilities are the environment, and livability benefits are furnished to the residents and community in lieu of large individual lots.

(Ord. O-17-70, passed 7-7-70)

§ 153.102 PERMITTED USE.

Pursuant to ILCS Ch. 65, Act 5, § 11-12-4 et seq., and subject to the regulations, standards, and conditions set forth herein, planned residential developments shall be permitted in the city upon obtaining a special exception from the plan commission and the city council. A special exception certification for a development or part thereof may be issued only after:

(A) Final subdivision approval thereof by the plan commission.

(B) Approval by city council.

(Ord. O-17-70, passed 7-7-70)

§ 153.103 LOCATION.

Planned Residential Developments are permitted in any R zoning classification.

(Ord. O-17-70, passed 7-7-70; amend. Ord. O-23-73, passed 4-24-73)

§ 153.104 PRINCIPLES OF PLANNED RESIDENTIAL DEVELOPMENT.

The Planned Residential Development is a permitted use designed to provide for small and large-scale developments, incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. The development may consist of individual lots or common building sites. Common land must be an essential and important element of the plan related to effecting the long-term value of the entire development.

(Ord. O-17-70, passed 7-7-70; amend. Ord. O-23-73, passed 4-24-73)

§ 153.105 STANDARDS AND CRITERIA.

Subject to the provisions set forth herein, Planned Residential Developments are permitted uses on a site consisting of no less than 2 contiguous acres.

(Ord. O-17-70, passed 7-7-70; amend. Ord. O-23-73, passed 4-24-73)

§ 153.106 USES AND REQUIREMENTS.

(A) Residential uses. Permitted land use requirements of the zone within which a Planned Residential Development is located shall apply with the following exceptions:

(1) Open space reservations may be considered for population density and building intensity increases.

(2) Permitted types of dwelling units may include single-family detached homes, town houses, garden apartments, or high-rise apartments.

(3) Condominium, cooperative individual, municipal, or any other type of ownership is hereby permitted.

(B) Non-residential uses. Non-residential uses, limited to those permitted by the plan commission, are permitted in a development, provided that the uses are primarily for the service and convenience of the residents of the development, and further provided that:

(1) No store shall exceed 5,000 square feet of gross floor area.

(2) The total mercantile and office space permitted within a planned residential development shall not exceed 40 square feet of gross floor area under roof per dwelling unit in the development, excluding in the computation buildings used for educational, recreational, or cultural purposes.

(1) Yard, setback, lot size, type of dwelling unit, height, frontage requirements, and use restrictions are waived for the development; provided, that the spirit and intent of this section are complied with in the total development plan, as determined by the plan commission. The plan commission may, with the approval of the city council, determine that certain setbacks be required within all or a portion of the perimeter of the site, and shall exercise ultimate discretion as to whether the total development plan does comply with the spirit and intent of this section. The final authority for the enforcement of the development shall rest with the city council.

(2) Every dwelling unit shall have access to a public street, walkway, or other area dedicated to common use.

(3) The approximate location of structures, shown on the conceptual development plan, shall be so arranged as not to be detrimental to existing or other proposed structures or to the development of the neighborhood.

(D) Privacy. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise. High-rise buildings shall be located within a development in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

(E) Off-street parking. Parking convenient to all dwelling units and other uses shall be provided pursuant to the minimum requirements of § 153.16 of this code. In addition to all provisions of § 153.16, not less than one parking space for each unit shall be completely enclosed. Where appropriate, common driveways, parking areas, walks, and steps shall be provided, maintained, and lighted for night use. Screening of parking and service areas may be required, through ample use of trees, shrubs, hedges, and screening walls.

(F) Perimeter requirements. If topographical or other barriers within 200 feet of the perimeter of the development do not provide reasonable privacy for existing uses adjacent to the development, the plan commission shall impose either of the following requirements, or both:

(1) Structures located on the perimeter of the development must be set back in accordance with the provisions of the zoning code controlling the area within which the development is situated.

(2) Structures located on the perimeter of the development must be well screened in a manner which is approved by the commission.

(G) Interior streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be 24 feet. The minimum roadway width of two-way streets with parking permitted shall be 35 feet. The streets shall be paved according to city specifications for residential streets, maintained in good condition, and lighted at night.

(H) Sidewalks. Sidewalks shall be provided as deemed necessary by the plan commission.

(I) Swimming pools. All swimming pools within a development shall comply with the applicable provisions of the city zoning code.

(Ord. O-17-70, passed 7-7-70; amend. Ord. O-23-73, passed 4-24-73; amend. Ord. O-29-74, passed 8-24-74)

(J) Landscaping. Landscaping of green areas is to be shown on site plans and renderings. It is expected that all trees, shrubs and landscaping shown and approved will be developed, for example, if 100-year old pine trees are shown in artist's renderings, the developer must plant 100-year old pine trees. All grass (whether seeded or sodded), trees, and shrubs must be guaranteed for one year from the last planting.

(1) In addition to landscape drawings for the site plan, a "typical" drawing for each type of dwelling unit is required. Also, a plant list for the site plan and the "typical" drawings must contain the names (common and botanical) of the plants, the sizes of the plants to be planted, the quantities of each species, and the spacing of plants.

(2) A landscape buffer is required between a Planned Residential Development Zoning district and an adjacent zoning district. The buffer should consist of heavy screening or a landscaped berm. Where used, the berm length and height and the surrounding terrain elevation must be indicated.

(3) A total cost estimate of landscaping for the project must be given in January 1 dollars for the current year. Twenty percent of the total landscaping costs should be deposited in escrow with the city before building permits are granted. A minimum of 20% of the last expenditure for landscaping will be held in escrow for a period of one year past the time of planting and will be refunded upon approval of the city of the last planting.

(4) Trees are to be planted in street parkways, common open areas, and adjacent to building areas.

(5) All plans, renderings and exhibits presented before the boards in connection with the development become the property of the city and are not returned to the developer, but maintained in the city's files and will be made a part of the ordinance for the development. The developer may be required to reduce the above to file cabinet size at the request of the city.

(Ord. O-17-70, passed 7-7-70; amend. Ord. O-23-73, passed 4-24-73; amend. Ord. O-29-74, passed 8-24-74; amend. Ord. O-06-80, passed 4-1-80)

§ 153.107 DENSITY.

Density (dwelling units per acre) may be increased if the character of the development or amenities incorporated in the development warrant the increases; provided, that in no case shall the density increase cause the density of the Planned Residential Development to be more than 7 units per acre. The plan commission, with the approval of the city council, shall determine the density which may be constructed within the development by dividing the gross project area by the required lot area per dwelling unit which is required in the zone in which the development is located; or the required lot area per dwelling unit which is required in the zone in which the development is located, and modified by any increases in density permitted under division (B) of this section.

(A) Planned Residential Development in more than one zone. If the development is in more than one zone, the number of allowable dwelling units must be separately calculated for each portion of the planned development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire development.

(B) Density increases. Density increases shall be governed by the precepts listed below, which are to be treated as additive and not compounded:

(1) Open space reservation shall be considered for density increases according to the following provisions:

(a) For unimproved common open space:

1. Maximum increase of 2% for the first acre of open space per each 20 acres gross of the development.

2. Maximum increase of 3% for the second acre of open space per each 20 acres gross of development.

3. Maximum increase of 5% for each additional open space per each 20 acres gross acre of development for the total development.

(b) For improved common open space:

1. Maximum increase of 2% for the first acre of improved open space per each 20 acres gross of development.

2. Maximum increase of 4% for the second acre of improved open space per each 20 acres gross of development.

3. Maximum increase of 6% for each additional acre of improved open space per each 20 acres gross of development for the total development.

(2) Character, identity, and architectural and siting variation incorporated in a development shall be considered cause for density increases not to exceed 15%, provided that these factors make a substantial contribution to the objectives of a development. The degree of distinctiveness and the desirable variation achieved shall govern the amount of density increase which the plan commission may approve. Such variations may include, but are not limited to, the following:

(a) Landscaping (a maximum increase of 10%): streetscape; open spaces and plazas; use of existing landscape; pedestrian way treatment; and recreational areas.

(b) Design features (a maximum increase of 5%): street sections; architectural styles; harmonious use of materials; parking areas broken by landscape features; and varied use of house types.

(C) When density increase is not permitted. If the plan commission finds that any of the following conditions would be created by an increase in density permitted in division (B), it may either deny any application for an increase in density, or limit the increase in density by an amount sufficient to avoid the creation of any of the following conditions:

(1) Inconvenient or unsafe access to the development.

(2) Traffic congestion in streets adjoining the development.

(3) An excessive burden imposed on parks, recreational areas, schools, and other public facilities which serve or are proposed to serve the development.

(Ord. O-17-70, passed 7-7-70; amend. Ord. O-23-73, passed 4-24-73; amend. Ord. O-29-74, passed 8-24-74)

§ 153.108 OPEN SPACES.

(A) COMMON OPEN SPACE is defined as a parcel or parcels of land, an area of water, or a combination of land and water, designed and intended for the use or enjoyment of residents of the Planned Residential Development, or of the general public. Common open spaces may contain accessory structures and improvements necessary or desirable for noncommercial, recreational, or cultural uses. A variety of open space and recreational areas is encouraged, such as children's informal play areas in close proximity to individual dwelling units, according to the concentration of dwellings; formal parks; picnic areas; playgrounds; and scenic open areas and communal noncommercial recreational facilities.

(B) Conveyance and maintenance of common open space: All common open space, shown on the final development plan and recorded in the office of the city clerk, must be conveyed in accordance with one of the methods listed below. In any event, the developer must file in the county land records, at the time the approved final subdivision map is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide a method for restricting the use of common open spaces for the designated purposes.

(1) By dedication to the city as municipally owned and maintained as common open space.

(2) By leasing or conveying title (including beneficial ownership) to a corporation, association, or other legal entity. The terms of the lease or other instrument of conveyance must include provisions, suitable to the plan commission, with approval of city council, for guaranteeing:

(a) The continued use of the land for the intended purposes.

(b) Continuity of proper maintenance for those portions of the open space land requiring maintenance.

(d) Adequate insurance protection.

(e) Recovery for loss sustained by casualty, condemnation, or otherwise.

(C) Utility and continuity for common use: All common open space proposed for dedication to the city must be acceptable to it with regard to the size, shape, location, and improvement. In addition, the applicant must show that the dedication of the areas as common open space will be of benefit to the general public of the city.

(Ord. O-17-70, passed 7-7-70)

§ 153.109 IMPROVEMENTS.

(A) Circulation facilities. The arrangement of public and common ways for pedestrian and vehicular circulation in relation to other existing or planned streets in the area and to the master plan, together with provisions for street improvements, shall be in compliance with standards set forth in chapters 94 and 152. Upon application by the developer, and good cause shown, the plan commission, with approval of city council, may permit changes or alterations of such standards which are consistent with the spirit and intent of this section.

(B) Utilities. Whenever reasonably possible, all Planned Residential Developments shall provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutters, piping of and treatment of turf to handle storm waters, and prevent erosion and the formation of dust. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the appropriate municipal authority having jurisdiction thereof. A development application shall not be approved unless adequate assurance is given that public or quasi-public water and sanitary sewer service will be available, except that upon application by the developer, and good cause shown, the plan commission with approval of the city council may modify or waive this requirement, provided that such action is consistent with the spirit and intent of this section.

(C) Pedestrian circulation. The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the plan commission, pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic.

(Ord. O-17-70, passed 7-7-70)

§ 153.110 SUBDIVISION REVIEW.

(A) It is the intent of this code that subdivision review under the subdivision code be carried out as an integral part of the review of a Planned Residential Development under this section. The plans required under § 153.126 must be submitted in a form which will substantially satisfy requirements of the subdivision code for the preliminary and final plan approvals.

(B) However, if any provisions of this code and the subdivision code are in conflict, the more restrictive or detailed requirements shall be met, unless specifically waived or altered by the plan commission with approval of the city council.

(C) It is the intent of this section to permit the submission of subdivision applications for the whole, a part, or parts of the overall development.