In an effort to promote ingenuity, imagination, and design efforts on the part of owners, builders, architects, and developers and to produce developments which are in keeping with overall land use intensity and open space objectives of the comprehensive plan, this chapter makes available a special use procedure departing from the strict application of the specific zoning requirements of the district where the development is located. The intent of this chapter is to permit such flexibility and provide performance criteria for planned unit development permits which fosters creative design, efficient use of land, enhances appearance; encourages creation/preservation of open space and natural features; and provides compatibility with surrounding areas. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

   A.   An application for a planned unit development shall be processed in the same manner as an application for a special use.

   B.   An application for a planned unit development shall be accompanied by a tentative plat of subdivision which meets the requirements of the subdivision regulations of the city.

   C.   The application shall also be accompanied by preliminary architectural drawings as well as by a preliminary development plan which shall contain the following:

      1.   Statement Of Objectives: A statement of the planning objectives to be achieved by the particular design approach proposed by the applicant is required. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. This statement should also describe the public benefits that will be achieved through the proposed planned unit development that would otherwise not result from a conventional type of development or subdivision of the site.

      2.   Statement Of Ownership And Proposed Use: A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the land areas or structures and the proposed use thereof is required. A statement and documentation verifying that the applicant has, or will have, ownership and control over all land included in the proposed planned unit development is also required.

      3.   Quantitative Summary: A quantitative summary including, but not limited to, the following is required. If the development is to be phased, the quantitative summary must also be broken down into the phase components.

         a.   Area of the subject parcel in acres and square feet;

         b.   Density of the development;

         c.   Total area and footprint area of principal buildings in square feet;

         d.   Total area and footprint area of accessory buildings in square feet;

         e.   Area of roads in square feet;

         f.   Area of exterior parking facilities in square feet;

         g.   Number of parking spaces;

         h.   Percentage of ground cover for principal buildings, accessory buildings, parking areas, roads, and recreational facilities, individually and collectively, versus area of entire parcel;

         i.   Proposed floor area ratio ("FAR"), if applicable;

         j.   Area of uncovered ground (open space) on site in square feet;

         k.   Area of commonly owned and maintained open space in square feet;

         l.   Maximum density that would be achievable through a conventional subdivision of the site.

      4.   Open Space Statement: A statement is required describing why the area for usable common open space was chosen, the unique advantages it offers, and how it is envisioned that residents will utilize the space either actively or passively.

      5.   Traffic Study: A recent traffic survey prepared by a qualified expert setting forth and analyzing the effect upon traffic in and outside the city may be required by the city. Such survey shall not be limited to the effect on adjacent streets but shall extend to all of the surrounding areas affected and shall indicate the anticipated points of origin and the direction, amount and density of traffic flow to and from the proposed planned unit development.

      6.   Covenants: The developer shall establish an owners' association through a declaration of covenants and easements which will be recorded and run with the land and be binding upon any purchaser of any lot or dwelling unit in the planned unit development. Such declaration shall be submitted to the plan/zoning board of appeals for review subject to review and final approval by the city attorney. Such declaration shall include, but not be limited to, provisions requiring:

         a.   The developer to convey the private streets or roads, detention or retention facilities and common areas to the owners' association;

         b.   The owners' association to maintain and repair any and all private streets or roads, detention or retention ponds and common areas and any and all appurtenances thereto; and

         c.   That, if the owners' association fails to maintain and repair any and all private streets or roads, detention or retention ponds and common areas, the city may, but is not required to, enter upon the property to maintain and repair such items and that the owners' association will pay the cost thereof.

      7.   Maps And Graphics:

         a.   Existing Site Conditions: A map is required that illustrates existing site conditions including topography, water related features, vegetation, wetlands, ravines, floodplains, unique soil condition, and other environmental data which may include a tree survey.

         b.   Surrounding Conditions: A map is required that illustrates the land use and environmental conditions of the surrounding neighborhood within five hundred feet (500') of the perimeter of the subject site, particularly illustrating the adjacent lots showing their lot lines, structures, setbacks, and driveways, as well as nearby streets.

         c.   Cross Sections: A minimum of two (2) cross sections are required through the entire site illustrating the bulk and heights of proposed structures in relation to the topography, vegetation, and surrounding structures.

         d.   Utility And Drainage Plan: A plan is required that illustrates existing and proposed utilities and drainage facilities. Storm water detention and floodplain compensatory storage facilities must be included if required by city ordinances.

         e.   Traffic Plan: A plan is required that illustrates the circulation of all vehicles, including emergency vehicles, internal to the site, consistent with approved engineering and design standards, that illustrates the relationship of the development's internal private streets to the street plan in the comprehensive plan.

         f.   Landscape, Tree Preservation And Grading Plan: The applicant shall submit a landscaping plan, a tree preservation plan and/or a grading plan that illustrates landscaping for the entire project, tree preservation and enhancement of the vegetation on the site, and/or the earth moving, if any, to be done on the site.

      8.   Other Information: Depending on the scale and unique characteristics of a particular site, the plan/zoning board of appeals may require other materials to be included in a preliminary development plan. These may include market studies, traffic studies, soil borings, approvals from other agencies, and all other items that may be reasonably required. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

In addition to the standards generally applicable to special uses, as provided in section 5-10-9 of this title, no planned unit development shall be approved unless the plan/zoning board of appeals shall also find:

   A.   Conformance: That said planned unit development conforms with the purpose of this chapter.

   B.   Size Of Development: That any residential development is located on a tract of land of three (3) or more contiguous acres and any commercial development is located on a tract of land of one or more contiguous acres.

   C.   Common Ownership: That the planned unit development will be on a tract of land under common ownership or control.

      1.   Such common ownership or control shall extend to all common open space, landscaping, exterior maintenance and all other exterior common area aspects of the development for a period of not less than twenty (20) years.

      2.   Said common ownership or control shall extend to all portions of the planned unit development for a period of not less than twenty four (24) months following the completion of all public improvements, common area improvements, and the developer's relinquishing its control of any and all owners' associations.

      3.   Common ownership or control as required herein shall mean unity of ownership or legal authority to act on behalf of all owners which shall be evidenced by deed, contract, management agreement or other written guarantee.

   D.   Compatible Uses: That the uses permitted in the planned unit development shall be compatible to each other and with existing land use in the surrounding area. Uses shall be deemed compatible if they comply with the underlying zoning district and they are so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected and such uses will not cause appreciable injury or damage to other property in the area in which it is located.

   E.   Necessity: That the planned unit development will be responsive to a demonstrated need within the community.

   F.   Height Provisions: That the maximum height permitted in the planned unit development, exclusive of steeples, belfries, spires, chimneys, smoke stacks, cooling towers, elevator bulkheads, parapet walls, and building equipment penthouses shall not exceed the maximum height permitted for the zoning district in which the development is located.

      1.   Provided such buildings do not exceed thirty feet (30') in height the minimum horizontal distance between buildings (including their appurtenances) of one story, two (2) stories, three (3) stories, or combinations thereof, shall not be less than thirty feet (30').

      2.   In the case of buildings exceeding thirty feet (30') in height, the space between buildings shall be equal to the height of the tallest building from which the measurement is taken.

   G.   Yards: That the required yards along the periphery of the planned unit development shall be at least equal in width or depth to the greater of the required yard for real property adjacent to the planned unit development or a distance not less than the height of the closest building to such yard, unless such planned unit development is located adjacent to real estate owned by the Illinois toll highway authority, in which event the yard adjacent to such real estate shall be fifty feet (50').

   H.   Density: That residential density of the planned unit development shall not exceed in number of dwelling units the maximum number of lots that could be achieved through a conventional subdivision of the site as demonstrated by the subdivision sketch plan. It is understood that whenever the development is located in more than one zoning district, the number of allowable dwelling units must be separately calculated for each portion of the development that is in a separate zoning district. Thereafter the combined total of all dwelling units so calculated as allowable may be constructed and distributed within the entire planned unit development without concern for the respective zoning districts within which the planned unit development is located, provided there is compliance with building locations shown upon the site plan approved for such planned unit development.

   I.   Traffic Circulation: That the planned unit development shall include a traffic plan which will provide ingress and egress which is designed to minimize traffic congestion in the public streets outside the planned unit development and facilitate the free flow of traffic, both vehicular and pedestrian, within the planned unit development. The streets and other traffic thoroughfares, public or private, provided in such planned unit development shall conform with at least the minimum requirements for streets and public ways of the ordinances of the city of Prospect Heights.

   J.   Preservation Of Landscape: The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

   K.   Relationship Of Proposed Structures: Proposed structures shall be related harmoniously to the terrain and to existing structures in the vicinity and have a visual relationship to the existing nearby structures. The achievement of such relationship may include the creative enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.

   L.   Functional And Mechanical Features: Exposed storage areas, trash, and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the project and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

   M.   Visual And Acoustical Privacy: The development shall provide reasonable visual and acoustical privacy for each building and dwelling unit. 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.

   N.   Common Open Space: Each residential planned unit development permit shall have a site plan which contains at least twenty percent (20%) usable common open space, except as it may be modified by the plan/zoning board of appeals in accord with this chapter.

      1.   Ineligible Area: Such usable common open space shall not include:

         a.   Areas reserved for the exclusive use or benefit of an individual occupant;

         b.   Dedicated streets and other public rights of way;

         c.   Vehicular drives, private streets, and parking, loading and storage areas; nor

         d.   Strips of land less than ten feet (10') wide.

      2.   Access: Primary (abutting) access from such common open space to each building site need not be provided; however, convenient access through permanent easement must be provided and perpetually guaranteed to all residents not granted primary access.

      3.   Recreational Facilities: The only recreational facilities permitted within any common open space tract are those which are graphically shown on the face of the development plan at the time of approval by the mayor and city council; provided however, that any development plan may be amended through the procedures specified in this chapter.

      4.   Character And Quality: No proposed area on a site plan may be accepted as usable common open space unless its character and quality have been reviewed by the plan/zoning board of appeals and approved by the mayor and city council. When making its determination, the plan/zoning board of appeals and mayor and city council shall give consideration to the following variables:

         a.   The size and character of the structures to be constructed within the planned unit development;

         b.   The character of surrounding development;

         c.   The topography and existing amenities of the proposed area, including trees, ground cover and other natural features;

         d.   The manner in which the proposed area is to be improved and maintained for recreational or amenity purposes; and

         e.   The existence of public parks or other public recreational facilities in the vicinity and the relationship thereto.

      5.   Ownership And Maintenance: All land shown on the final development plan as common open space must be conveyed and maintained under one of the following options:

         a.   Public Agency: It may be conveyed to a public agency acceptable to the mayor and city council, which agency will agree to maintain the common open space and any authorized improvements placed upon it according to enumerated criteria.

         b.   Private Association: It may be conveyed to a private association or similar organization formed by a condominium agreement, townhouse declaration, indenture, restrictive covenant or other binding agreement acceptable to the mayor and city council. The legal instrument(s) creating such association or organization must specify that the common open space and related authorized improvements will be maintained according to the enumerated criteria, and shall include a provision granting the city a right to enforce the same.

   O.   Surface Water Drainage: In conformance with the applicable storm water management regulations contained in this code, special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

   A.   The off street parking, yard, setback (including scenic easements), lot size, lot width, FAR, open space, height restrictions and maximum lot coverage regulations of the zoning district governing the site may be modified in conjunction with a planned unit development permit, provided the city council determines that the development plan complies with the spirit and intent of this chapter. Any such modifications must be explicitly indicated in the development plan or the underlying zoning district regulations shall control.

   B.   The plan/zoning board of appeals may recommend and the mayor and city council may impose such additional restrictions, conditions, or development schedules which are particularly applicable to such planned unit development. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

It is the intent of this chapter that applicable subdivision review under the Prospect Heights subdivision regulations be carried out as an integral part of the review of a planned unit development permit under this chapter. The plans required must be submitted in a form which substantially satisfies the requirements of the subdivision regulations for preliminary and final plat approvals. It is the intent of this section to permit the submission of subdivision applications for the whole, a part, or parts of the overall planned unit development permit as indicated by phases in the development plan.

   A.   If any provisions of this chapter and the subdivision regulations are in conflict, the more restrictive or detailed requirements shall be met, unless specifically waived or altered by the mayor and city council upon recommendation of the plan/zoning board of appeals.

   B.   If a subdivision is created as a part of the processing of a planned unit development permit, the normal subdivision processing fee required by the Prospect Heights subdivision ordinance must be submitted to the city, as well as the fee for a special use permit required by this chapter.

   C.   The on site internal street system, together with the provision and construction of public improvements, shall be in compliance with the requirements and standards set forth in the Prospect Heights subdivision ordinance. The mayor and city council for good cause shown, upon recommendation of the plan/zoning board of appeals, may permit such changes or alterations of such standards as are consistent with the spirit and intent of this chapter. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

Following the public hearing, the plan/zoning board of appeals shall make its findings and recommendations concerning the preliminary development plan to the mayor and city council within time limits set forth in section 5-11-11 of this chapter. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

The mayor and city council shall indicate its approval or disapproval of the preliminary development plan by resolution. Approval of the preliminary development plan shall vest no rights to the applicants other than the right to submit a final development plan. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

Within six (6) months following the approval of the preliminary development plan, the applicant shall initiate the second stage of their application process by filing with the plan/zoning board of appeals a final development plan and final subdivision plat, unless a final development plan has been presented at the public hearing and thereafter considered and a recommendation concerning same has been made to the mayor and city council. In any event, the final development plan shall contain in final form all of the information required in the preliminary development plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of the zoning code.

   A.   Contents Of The Final Development Plan: The final development plan shall contain all of the materials included in the preliminary development plan together with revisions, if any, which may be recommended by the plan/zoning board of appeals without an additional public hearing. In addition, if approved by the mayor and city council, the final development plan shall include the following:

      1.   Phasing Program: A document describing any proposed phasing program of the development for all structures, recreational and other common facilities, and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density and a pro rata allocation of common open space shall be made as each phase is developed.

      2.   Common Open Space Agreement: A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required.

      3.   Plats For Recording: A copy of the subdivision plat, plat of dedication, or plat of vacation that is a necessary part of the planned unit development permit is required.

      4.   Covenant: Restrictive covenants in a form acceptable to the city attorney limiting development of and construction upon the tract as a whole to such development and construction as shall comply with the final development plan and the special use permit granted by the mayor and city council, which document shall include, but not be limited to, provisions granting the city a right to enforce same as well as its storm water management regulations.

   B.   Time Extension: Upon written request by the applicant, the plan/zoning board of appeals, for good cause, may extend the period for filing the final development plan for a period not to exceed an additional twelve (12) months.

   C.   Permitted Minor Changes From A Preliminary Development Plan: Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be recommended by the plan/zoning board of appeals and approved by the mayor and city council to be included in the final development plan in accord with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary development plan was approved. No change authorized by this subsection may cause any of the following:

      1.   A change in the use or character of the development;

      2.   An increase by more than one percent (1%) in the overall land coverage of structures;

      3.   An increase in floor area or, in the case of residential areas, an increase in density;

      4.   An increase in the problems of traffic circulation and public utilities;

      5.   A reduction of more than one percent (1%) in approved common open space;

      6.   A reduction in off street parking and loading spaces; or

      7.   A reduction in required pavement widths.

   D.   Board Recommendation Of Final Development Plan: Within sixty (60) days after the proposed final development plan is filed, with all necessary documents, subdivision plats, and exhibits, the plan/zoning board of appeals must recommend approval, approval with modification, or disapproval, and transmit its findings of fact and recommendation to the mayor and city council. If the proposed final development plan does not include any changes from the approved preliminary development which exceed the criteria listed above, the plan/zoning board of appeals may review the proposed final development plan without conducting a public hearing. If the proposed final development plan includes changes from the approved preliminary development plan which exceed the criteria listed above, the plan/zoning board of appeals shall conduct a new public hearing in order to review the proposed final development plan. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

   A.   In accord with the time limits set forth in section 5-11-11 of this chapter, upon receipt of the recommendation of the plan/zoning board of appeals following the public hearing on the application for a planned unit development, the mayor and city council may by ordinance approve such planned unit development granting the applicant a special use permit to proceed in accordance with the final development plan attached thereto and all documents in support thereof, subject to such additional conditions and upon such terms as the mayor and city council deem necessary or appropriate to protect and promote the public health, safety, and welfare.

      1.   Said ordinance shall include all standards, conditions, or restrictions which the mayor and city council shall deem necessary to effectuate the proposed planned unit development and protect the public interest.

      2.   In addition to the restrictions and conditions imposed in the ordinance approving the planned unit development, the mayor and city council shall require the execution of such agreements as shall be necessary to guarantee the maintenance of public and private open space.

         a.   Such agreements may include the conveyance of such open space to the city or other municipal corporation, a not for profit corporation or other legal entity which shall hold the open space for the benefit of the public.

         b.   In the event a private not for profit corporation or similar entity shall be established for the purpose of maintaining common open space, the city may require that said corporation shall provide maintenance and improvements of such common open space and have the right to exact from the property owners the cost of such maintenance or improvement in a legally enforceable manner.

   B.   All public improvements and facilities to be provided under the provisions of the planned unit development shall be located underground and completed for each phase prior to the issuance of occupancy permits within any such phase and in accordance with the phase plan submitted as part of the application.

      1.   The installation and completion of such improvements shall be guaranteed by the deposit in escrow of the amount equal to one hundred ten percent (110%) of the city engineer's estimate of the cost of improvements or subdivision bonds or letter of credit in the form and as approved by the city attorney of the city.

      2.   In addition to said guarantees for the installation of public facilities, the city shall require a deposit in cash or other suitable security of an amount equal to one hundred twenty percent (120%) of the estimated cost of such improvements.

         a.   This security shall be held for the purpose of guaranteeing the satisfactory operation of the public facilities constructed within the planned unit development for a period of eighteen (18) months following completion of construction of the entire planned unit development by the developer and acceptance by the city of said public facilities.

         b.   The security deposit herein required shall be refunded at the expiration of said eighteen (18) month period if no defects shall have developed in the public improvements; provided, however, that the city may utilize such deposit for the purpose of correcting defects during said period, in which case the city shall be required to return only that portion of the guarantee remaining on deposit. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

   A.   The specific ordinance granting a special use in the nature of a planned unit development as provided within this enabling legislation shall contain a legal description of the property subject to such planned unit development.

   B.   Said ordinance shall be recorded in the office of the recorder of deeds of Cook County, Illinois, together with all such restrictive covenants as may be required by the mayor and city council at the expense of the applicant.

      1.   Said restrictive covenants shall be in a form which will effectuate the development of the subject property in accordance with the planned unit development and provide for the maintenance and continued protection of all public open space and common open space and all privately owned common open space.

      2.   In addition to all other interested parties, the city may require that said covenants shall run to and be for the benefit of the city and shall extend to the city the right to enforce said covenants by any appropriate action in law or in equity. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

Construction of a development under a planned unit development permit shall commence within twelve (12) months from the date of the passage of the authorizing special use permit ordinance by the mayor and city council and shall proceed to completion in accordance with the phasing program, if any, contained therein.

   A.   Revocation Of Permits: The mayor and city council may at any time request written reports on the progress and development of the proposed planned unit development project. If the city council is satisfied that the permittee has abandoned the development of the proposed planned unit development project, or failed to follow the final development plan, it shall hold a public hearing for the purpose of considering the revocation of all permits issued and action taken. Written notice of said hearing shall be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the planned unit development permit. Publication of said hearing shall also be given in accordance with the provisions of this section. If the board finds that the permittee has abandoned the development of the proposed planned unit development project or failed to follow the final development plan, it may then revoke the planned unit development special use permit without public hearing but following notice that such revocation will be considered by the mayor and city council at a meeting thereof not less than fifteen (15) nor more than thirty (30) days after the date of such notice. The notice specified herein shall be deemed given when sent certified mail to the applicant at the address given in the application for such planned unit development special use permit.

   B.   Time Extensions: Upon application by a permittee of a planned unit development, the mayor and city council may extend the time for the commencement of construction as follows:

      1.   If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay;

      2.   For good cause shown, an extension may be granted for such periods of time as the board deems appropriate but not exceeding twelve (12) months, exclusive of extensions authorized under subsection B1 of this section.

   C.   Establishment Of Common Open Spaces And Facilities: The establishment of common open spaces and construction of public or common recreational facilities shown on the final development plan together with the construction of other nonresidential structures shall proceed substantially in accordance with the phasing program previously approved as part of the final development plan.

      1.   Occupancy Permits: No occupancy permit for any structure in the development shall be issued until a pro rata share of the common open spaces and facilities required in compliance with the phasing plan have also been placed in a condition suitable for use or occupancy.

      2.   Developer Responsibility: The developer shall maintain control of all common open spaces and facilities, and be responsible for required maintenance, until the same are formally turned over to a public agency or private association. The mayor and city council may determine when the common open spaces and facilities must be formally turned over, based upon the status of the development, when this item is not adequately addressed in the phasing program. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

   A.   Any substantial change in character of any existing planned unit development shall require the adoption of an ordinance which shall make such changes and modifications in said planned unit development as may be approved by the mayor and city council.

      1.   Said amendatory ordinance may be adopted only after a public hearing by and recommendation of the plan/zoning board of appeals in like manner as is required herein for the adoption of an original planned unit development ordinance.

      2.   An amendatory ordinance shall be required in the event of any change in the established density, location of buildings, height, street pattern, or installation of public utilities.

   B.   However, the mayor may approve such changes to the final development plan in the construction of the planned unit development as in his judgment shall not constitute a substantial deviation from the specific planned unit development ordinance. Before any such changes approved by the mayor may become effective however, the mayor shall within seven (7) days notify in writing the city council of such changes and the city council shall, at its next regular meeting, ratify the action of the mayor or deny such changes until an amendatory ordinance has been adopted in accordance with the provisions of this section.

   C.   Nothing in this section shall be construed to indicate that the mayor and city council must pass an amendatory ordinance to grant any changes requested. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)

For the purpose of this chapter, the planned unit development shall be completed when the last occupancy permit for the structures in the development has been issued by the zoning administrator. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)