PLANNED DEVELOPMENTS13
Editor's note— Ord. No. 19-4-C-4451, § 1, adopted April 15, 2019, renumbered Art. VII as Art. XIV.
(a)
Approval. Planned developments (PDs) are allowed with site plan approval in all zoning districts. No PD shall be granted unless it conforms to the use limitations, densities, bulk regulations, and design regulations of the zoning district in which it is located, except as those requirements may be lawfully modified as allowed by this chapter. Compliance with the regulations of this chapter in no way excuses the developer from the applicable requirements of the subdivision chapter of this code, unless those modifications are specifically authorized in the approval of the PD.
(b)
Intent. These regulations are to encourage and provide means to promote desirable and quality development by permitting greater flexibility and design freedom than is permitted under the basic district regulations and to accomplish a well-balanced, aesthetically-satisfying, and economically-desirable development of building sites within a PD. These regulations are established to permit latitude in the development of the building site if such development is found to be in accordance with the purpose, spirit, and intent of this chapter and is found not to be hazardous, harmful, offensive, or otherwise adverse to the environment, property values, or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification and imagination in the relationship of uses, structures, open spaces, and bulk requirements for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational development with relationship to public services, preservation of open lands, and storm water management.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013)
(a)
Exceptions to use. A PD may only contain allowable uses listed in Appendix A of this chapter for the zoning district in which it is located, except as listed in this section with a special use permit for the additional uses and based on findings of fact for a special use permit.
(1)
Sites in multiple districts. If a site is located in more than 1 zoning district, the uses applicable to such property in 1 district may be extended into the adjacent district as part of the special use permit.
(2)
Proportionate exception. Up to 20% of the ground floor area or 20% of the gross floor area of the PD may be devoted to additional uses listed in Appendix A.
(b)
Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(c)
Design. The Commission shall require such arrangements of structures and open spaces within the site development plan as necessary to ensure that adjacent properties will not be adversely affected.
(1)
Density. When units per acre requirements exist, the number of units per acre may be increased in no case higher than 9.6 in R1, 12.1 in R2, 23.2 in R3 and, 24.8 in R4.
(2)
Floor area ratio (FAR). When FARs requirements exist, the FAR may be increased in no case higher than what may be allowed in the zoning district with site plan approval, except for demonstration projects in (6).
(3)
Arrangement. Where feasible, the height and density of buildings and uses shall be arranged in a way that is complementary with the regulations of adjacent and abutting districts.
(4)
Specific regulations. The area of lots, lot width, required yards, and coverage regulations shall be determined by site plan approval.
(5)
Specific design requirements. Additional relief may be granted from design requirements only when such relief is consistent with the purpose of the district and the Comprehensive Plan.
(6)
Demonstration projects. Relief may be granted from FAR and height requirements beyond the maximum allowed in the zoning district. The calculation of the FAR may also be reduced by the floor area of the parking spaces that are required for residence uses and adjacent driveways that would otherwise be calculated in the FAR.
(d)
Open spaces. Preservation, maintenance, and ownership of required open spaces within the PD shall be accomplished by either:
(1)
A dedication of the land as a public park or parkway system, or
(2)
Creating a permanent open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws, which are satisfactory to the Village Board.
(e)
Landscaping. Landscaping, fencing, screening, grading, and drainage related to the uses within the site and as a means of integrating the proposed PD into its surroundings must planned and presented to the Commission for approval, together with other required plans for the PD.
A planting plan showing proposed trees, shrubs, and other perennial plantings shall be prepared for the entire site to be developed.
(f)
Signs. If relief is requested from the Signs chapter, the size, location, design and nature of signs relevant to the relief detailed in the application must be presented to the Commission for approval.
(g)
Additional findings of fact. In addition to the findings of fact for site plan approval, the Commission must make the following findings for PDs:
(1)
The proposed use of the particular site, including any exceptions to use, shall be shown as necessary or desirable to provide a service, amenity, or facility that will contribute to the general well-being of the surrounding area.
(2)
Under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing within or in the vicinity of the PD.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013; Ord. No. 16-8-C-4241, § 1, 8-1-2016)
(a)
Professional expertise. Site and building plans for a PD must be prepared by a designer or team of designers having professional competence in urban planning, architecture, landscape architecture, and engineering, as proposed in the application. The Commission shall be permitted to require the applicant to engage additional professional expertise if it deems the application team is lacking such services.
(b)
Design. It is the intent of this section that the design control exercised be the minimum necessary to achieve the purpose of this section.
(c)
Conditions. The Commission is authorized to recommend approval or disapproval of an application for a PD and to attach any conditions it deems necessary to secure compliance with the purposes set forth in this chapter.
(d)
Contributions. The Village Board, as part of the approval of a PD, is permitted to require an applicant to make reasonable contributions , including, but not limited to, any combination of the following:
(1)
Dedication of land for public park purposes.
(2)
Dedication of land for public school purposes.
(3)
Dedication of land for public right-of-way purposes.
(4)
Construction of, or addition to, roads serving the proposed project when such construction or addition is reasonably related to the traffic to be generated.
(5)
Installation and maintenance costs of required traffic safety devices.
(6)
Installation of lighting, landscaping, sidewalks, and bus shelters on public right-of-way and private property.
(7)
Preservation of areas containing significant natural, environmental, historic, archeological or similar resources.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013)
(a)
Approval. The Commission has the authority to require that the following conditions for a PD (among others it deems appropriate) be met by the applicant:
(1)
That the applicants intend to start construction within 1 year of either the approval of the project or of any necessary zoning district change, and intend to complete said construction, or approved stages thereof, within 4 years from the date construction begins.
(2)
That the PD is planned as 1 complex land use rather than as an aggregation of individual and unrelated buildings and uses.
(b)
Limitations on application.
(1)
Upon approval of a PD by the Village Board, construction must proceed only in accordance with the approved ordinance.
(2)
An amendment to approved plans and specifications for a PD must be obtained only by following the procedures in this chapter.
(3)
The Zoning Official is only authorized to issue a permit for a proposed building, structure, or use within the PD if such building, structure, or use is in accordance with the approved site plan and with any ordinance conditions imposed in conjunction with its approval.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013)
PLANNED DEVELOPMENTS13
Editor's note— Ord. No. 19-4-C-4451, § 1, adopted April 15, 2019, renumbered Art. VII as Art. XIV.
(a)
Approval. Planned developments (PDs) are allowed with site plan approval in all zoning districts. No PD shall be granted unless it conforms to the use limitations, densities, bulk regulations, and design regulations of the zoning district in which it is located, except as those requirements may be lawfully modified as allowed by this chapter. Compliance with the regulations of this chapter in no way excuses the developer from the applicable requirements of the subdivision chapter of this code, unless those modifications are specifically authorized in the approval of the PD.
(b)
Intent. These regulations are to encourage and provide means to promote desirable and quality development by permitting greater flexibility and design freedom than is permitted under the basic district regulations and to accomplish a well-balanced, aesthetically-satisfying, and economically-desirable development of building sites within a PD. These regulations are established to permit latitude in the development of the building site if such development is found to be in accordance with the purpose, spirit, and intent of this chapter and is found not to be hazardous, harmful, offensive, or otherwise adverse to the environment, property values, or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification and imagination in the relationship of uses, structures, open spaces, and bulk requirements for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational development with relationship to public services, preservation of open lands, and storm water management.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013)
(a)
Exceptions to use. A PD may only contain allowable uses listed in Appendix A of this chapter for the zoning district in which it is located, except as listed in this section with a special use permit for the additional uses and based on findings of fact for a special use permit.
(1)
Sites in multiple districts. If a site is located in more than 1 zoning district, the uses applicable to such property in 1 district may be extended into the adjacent district as part of the special use permit.
(2)
Proportionate exception. Up to 20% of the ground floor area or 20% of the gross floor area of the PD may be devoted to additional uses listed in Appendix A.
(b)
Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(c)
Design. The Commission shall require such arrangements of structures and open spaces within the site development plan as necessary to ensure that adjacent properties will not be adversely affected.
(1)
Density. When units per acre requirements exist, the number of units per acre may be increased in no case higher than 9.6 in R1, 12.1 in R2, 23.2 in R3 and, 24.8 in R4.
(2)
Floor area ratio (FAR). When FARs requirements exist, the FAR may be increased in no case higher than what may be allowed in the zoning district with site plan approval, except for demonstration projects in (6).
(3)
Arrangement. Where feasible, the height and density of buildings and uses shall be arranged in a way that is complementary with the regulations of adjacent and abutting districts.
(4)
Specific regulations. The area of lots, lot width, required yards, and coverage regulations shall be determined by site plan approval.
(5)
Specific design requirements. Additional relief may be granted from design requirements only when such relief is consistent with the purpose of the district and the Comprehensive Plan.
(6)
Demonstration projects. Relief may be granted from FAR and height requirements beyond the maximum allowed in the zoning district. The calculation of the FAR may also be reduced by the floor area of the parking spaces that are required for residence uses and adjacent driveways that would otherwise be calculated in the FAR.
(d)
Open spaces. Preservation, maintenance, and ownership of required open spaces within the PD shall be accomplished by either:
(1)
A dedication of the land as a public park or parkway system, or
(2)
Creating a permanent open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational use, with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws, which are satisfactory to the Village Board.
(e)
Landscaping. Landscaping, fencing, screening, grading, and drainage related to the uses within the site and as a means of integrating the proposed PD into its surroundings must planned and presented to the Commission for approval, together with other required plans for the PD.
A planting plan showing proposed trees, shrubs, and other perennial plantings shall be prepared for the entire site to be developed.
(f)
Signs. If relief is requested from the Signs chapter, the size, location, design and nature of signs relevant to the relief detailed in the application must be presented to the Commission for approval.
(g)
Additional findings of fact. In addition to the findings of fact for site plan approval, the Commission must make the following findings for PDs:
(1)
The proposed use of the particular site, including any exceptions to use, shall be shown as necessary or desirable to provide a service, amenity, or facility that will contribute to the general well-being of the surrounding area.
(2)
Under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety, or general welfare of persons residing within or in the vicinity of the PD.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013; Ord. No. 16-8-C-4241, § 1, 8-1-2016)
(a)
Professional expertise. Site and building plans for a PD must be prepared by a designer or team of designers having professional competence in urban planning, architecture, landscape architecture, and engineering, as proposed in the application. The Commission shall be permitted to require the applicant to engage additional professional expertise if it deems the application team is lacking such services.
(b)
Design. It is the intent of this section that the design control exercised be the minimum necessary to achieve the purpose of this section.
(c)
Conditions. The Commission is authorized to recommend approval or disapproval of an application for a PD and to attach any conditions it deems necessary to secure compliance with the purposes set forth in this chapter.
(d)
Contributions. The Village Board, as part of the approval of a PD, is permitted to require an applicant to make reasonable contributions , including, but not limited to, any combination of the following:
(1)
Dedication of land for public park purposes.
(2)
Dedication of land for public school purposes.
(3)
Dedication of land for public right-of-way purposes.
(4)
Construction of, or addition to, roads serving the proposed project when such construction or addition is reasonably related to the traffic to be generated.
(5)
Installation and maintenance costs of required traffic safety devices.
(6)
Installation of lighting, landscaping, sidewalks, and bus shelters on public right-of-way and private property.
(7)
Preservation of areas containing significant natural, environmental, historic, archeological or similar resources.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013)
(a)
Approval. The Commission has the authority to require that the following conditions for a PD (among others it deems appropriate) be met by the applicant:
(1)
That the applicants intend to start construction within 1 year of either the approval of the project or of any necessary zoning district change, and intend to complete said construction, or approved stages thereof, within 4 years from the date construction begins.
(2)
That the PD is planned as 1 complex land use rather than as an aggregation of individual and unrelated buildings and uses.
(b)
Limitations on application.
(1)
Upon approval of a PD by the Village Board, construction must proceed only in accordance with the approved ordinance.
(2)
An amendment to approved plans and specifications for a PD must be obtained only by following the procedures in this chapter.
(3)
The Zoning Official is only authorized to issue a permit for a proposed building, structure, or use within the PD if such building, structure, or use is in accordance with the approved site plan and with any ordinance conditions imposed in conjunction with its approval.
(Ord. No. 13-10-C-4010, § 7, 10-7-2013)