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Sugar Grove City Zoning Code

CHAPTER 16

PLANNED DEVELOPMENT DISTRICTS

11-16-1: PURPOSE:

A large planned development which includes multiple principal uses that would require classification of the property within the planned development into two (2) or more standard zoning districts presents to both the Village and the owner or developer difficult planning problems if it may be approved only as a special use pursuant to section 11-11-2 or 11-13-12 of this title and the purpose of this chapter is to provide for the approval and classification of such planned developments as separate zoning districts under this chapter. (Ord. 2005-06-28A, 6-28-2005)

11-16-2: DEFINITION AND SIZE LIMITATION:

A "planned development district" is a tract of land which includes two (2) or more principal uses that would require classification of the tract into two (2) or more standard zoning districts and which is developed as a unit under single ownership or under single, unified or coordinated control of its planning and development. A planned development district shall include at least five hundred (500) acres of contiguous property, or two hundred (200) acres if at least sixty percent (60%) of the two hundred (200) acres is used for commercial uses; provided that after establishment of a planned development district in accordance with the procedures set forth in this chapter, contiguous property of any size may be added to such district; and, provided further, that properties separated by highways, streets, public ways or railroads or other public utility rights- of-way shall be deemed contiguous for the purpose of qualifying as a planned development district. All procedures required by this chapter for the establishment of a planned development district shall be applicable to the addition of property to an existing planned development district, and any provision of this chapter or of any other ordinance of the Village of Sugar Grove which refers to the establishment of a planned development district shall, with respect to such added property, be deemed to refer to the adoption by the Village Board of the zoning amendment adding such property to a planned development district. (Ord. 2018-03-20C, 3-20-2018)

11-16-2-1: ADDITIONAL PLANNED DEVELOPMENT DISTRICT REQUIREMENTS:

   A.   Environmental Corridors/Open Space: Open space in planned development districts shall be provided in the form of parks, corridors, open space and recreational facilities, consistent with regulatory and policy directives of the Village land use plans, subdivision ordinance and the provisions of this chapter:
      1.   Unless otherwise reviewed by the Planning Commission/Zoning Board of Appeals and approved by the Village Board, not less than forty percent (40%) of the land within a planned development district shall be reserved and designated as open space, greenbelt and/or recreational facilities.
      2.   Where parks and environmental corridors illustrated on the land use plan pass through a proposed planned development, land, in lieu of cash, shall be provided in instances where the Village Board has determined that the dedication of land in these areas is essential for implementing the continuous environmental corridor and open space system adopted as part of the Sugar Grove comprehensive land use plan.
      3.   Designated open space, environmental corridors or public recreational facilities reserved under a planned development district shall be held and maintained by a homeowners' association, unless conveyed to a public authority approved by the Village Board.
      4.   All designated open space, environmental corridors and/or recreational facilities shall be dedicated as open space in perpetuity, and shall be so designated in the development ordinance and final plat of subdivision(s) recorded for the planned development district.
      5.   The cost for improving open space or environmental corridors, or constructing recreational facilities proposed as part of a planned development district, shall be included in the letter of credit or other surety required for the public or quasi-public improvements as more fully described in the Subdivision Code.
      6.   Open space shall be suitably improved for its intended use. However, open space containing natural and historical/archaeological features worthy of preservation, including traditional agricultural uses, may be left unimproved:
         a.   Agricultural lands may continue to be farmed.
         b.   Where they are provided, buildings, structures, and improvements approved for construction shall be compatible in design with dwellings approved for the planned development district.
      7.   No portion of a planned development district shall be conveyed or dedicated as public open space, environmental corridor or recreational use or facility to any public body until such conveyance or dedication is reviewed by the Planning Commission/Zoning Board of Appeals and approved by the Village Board.
      8.   For the purpose of this chapter, recreational facilities and open space provided as part of the planned development district shall include, but not be limited to, the following:
         a.   Agricultural lands.
         b.   Cemeteries.
         c.   Community center (only when operated by a governmental agency).
         d.   Environmental corridors/greenbelts.
         e.   Forest preserve dedications.
         f.   Golf courses.
         g.   Health clubs (only when operated by a governmental agency).
         h.   High quality native plant communities, such as oak savannas and prairies.
         i.   Historic and archaeological sites.
         j.   Jogging trails.
         k.   Major stands of trees or woodlots.
         l.   Parks that are sized and improved according to NPRA Standards.
         m.   Physical fitness courses.
         n.   Scenic areas.
         o.   Surface waters, including streams, lakes and ponds.
         p.   Swimming pools (only when operated by a governmental agency).
         q.   Tennis courts.
         r.   Utility rights-of-way, provided that all utilities are located underground.
         s.   Wetlands, floodplains and stormwater retention or detention ponds, provided they are improved with trails and landscaping. (Ord. 2005-06-28A, 6-28-2005; amd. Ord. 2018-03-20C, 3-20-2018)

11-16-3: PREAPPLICATION REVIEW:

   A.   An application for the establishment of a planned development district shall be filed with the zoning official. Upon receipt of said application, the zoning official or designee shall set the location, time, and date of a meeting with the applicant to review the following:
      1.   General plan and physical development policies of the Village of Sugar Grove.
      2.   Existing zoning and land use in the general area of the property in question.
      3.   The zoning history of the general area of the property in question.
      4.   The Village of Sugar Grove's planned development district review process.
      5.   Other pertinent factors.
   B.   After the completion of the required preapplication meeting, an application may be filed with the zoning official. The application shall include all plans and data as required in section 11-16-4 of this chapter. (Ord. 2005-06-28A, 6-28-2005; amd. Ord. 2018-03-20C, 3-20-2018)

11-16-4: PROCEDURES FOR ESTABLISHMENT OF A PLANNED DEVELOPMENT DISTRICT:

   A.   A planned development district shall be established only by amendment of the zoning map in accordance with the amendment procedures set forth in chapter 13 of this title and by compliance with the provisions of this chapter. Application for the establishment of a planned development district may be made by filing with the zoning official an application for a zoning amendment establishing a planned development district. Said application shall be accompanied by a plan description. The application and plan description shall be deemed to comply with the requirements of chapter 13 of this title for a zoning amendment application and the plans, data and other information and evidence that shall accompany such application. Said plan description shall include the following:
      1.   A legal description of the property proposed to be included in the planned development district.
      2.   A plat of survey or site plan showing the boundaries of the proposed planned development district.
      3.   A written explanation of the general character of the proposed planned development district including: a) a description of all land uses to be included in such district (including open space) with approximate percentages or, alternatively, maximum or minimum percentage limitations for each use, b) projected densities for residential uses or, alternatively, maximum and minimum limitations for such densities and c) a description of the development standards and design criteria applicable to the proposed planned development district. Such written explanation shall set forth the delimitating factors which the developer shall be permitted to use in locating the proposed land uses to be included in the district.
      4.   A plat of survey or site plan of the proposed planned development district which shall show its relation to existing roads and highways, traffic circulation features adjacent to the proposed district, existing zoning of the proposed district and adjacent properties and a generalized plan of existing utilities which serve the proposed district.
      5.   A topographical survey of the proposed planned development district at five foot (5') contour intervals, which may be taken from USGS information, showing the limits of the highest recorded flood if available from public documents.
      6.   The existing limits of a floodplain in the proposed planned development district if such limits have been mapped by the Northeastern Illinois Plan Commission or another public agency. If such floodplain limits have not been mapped by any public body, the developer shall supply floodplain limits prepared by any engineers approved by the Village.
      7.   A description of the modifications, exceptions and variations from this title or title 12 of this Code or other Village ordinances which are being requested as part of the application for establishment of the planned development district.
      8.   The proposed periods of time within which the developer, in accordance with sections 11-16-8 and 11-16-10 of this chapter, shall be required to submit to the Village Board preliminary plans and final plans covering all of the proposed planned development district.
   B.   Staff shall review the application and may make recommendations regarding changes and modifications to the application. Upon completion of the staff review, staff shall forward the application to the Planning Commission/Zoning Board of Appeals for review at a public hearing. After the close of the public hearing, and within the time period provided for by section 11-13-13 of this title, the Planning Commission/Zoning Board of Appeals shall submit to the Village Board a recommendation with respect to the application. The Planning Commission/Zoning Board of Appeals shall recommend that the Village Board approve, approve with conditions or disapprove the application. The Planning Commission/Zoning Board of Appeals shall set forth the reasons for recommendation, and may, in the event of a favorable recommendation, specify particular conditions which should be incorporated in an approval of the application.
   C.   After the receipt of the recommendation of the Planning Commission/Zoning Board of Appeals and staff, the Village Board shall either approve, approve with conditions or disapprove the application. An approval may be conditional and if so shall specifically state what additions or deletions from the plan description as submitted shall be made in the application as approved. (Ord. 2005-06-28A, 6-28-2005; amd. Ord. 2018-03-20C, 3-20-2018)

11-16-5: ZONING AMENDMENT:

Upon approval of the application for establishment of a planned development district by the Village Board and acceptance by the applicant of any conditions incorporated in such approval, the Village Board shall cause the Village zoning map to be amended to reflect the boundaries of the planned development district. (Ord. 2018-03-20C, 3-20-2018)

11-16-6: PROCEDURES FOR APPROVAL OF PRELIMINARY AND FINAL PLANS:

   A.   Preliminary Plans: Preliminary plans for all or specified phases of a planned development district shall be submitted to the zoning official. The zoning official shall refer each such preliminary plan to the Planning Commission/Zoning Board of Appeals for review and public hearing. The staff and thereafter the Planning Commission/Zoning Board of Appeals shall review the preliminary plan and the Planning Commission/Zoning Board of Appeals, shall hold a public hearing on a preliminary plan in accordance with the provisions of chapter 13 of this title. The Planning Commission/Zoning Board of Appeals shall submit to the Village Board a written recommendation with respect to the preliminary plan. The Planning Commission/Zoning Board of Appeals shall review the preliminary plan and shall recommend that the Village Board approve, approve with conditions, or disapprove of such preliminary plan. The Planning Commission/Zoning Board of Appeals shall set forth in writing the reasons for the recommendation, and may, in the event of a favorable recommendation, specify particular conditions which should be incorporated in the approval of the preliminary plan. The Village Board shall approve, approve with conditions, or disapprove the preliminary plan. An approval may be conditional and, if so, shall specifically state what additions or deletions from the preliminary plan as submitted shall be made in the preliminary plan as approved. Such additions or deletions shall be shown on or attached to such approved preliminary plan. Within six (6) weeks of approval of each preliminary plan, three (3) complete paper copies and one pdf copy of such approved preliminary plan with all accompanying materials and data shall be prepared by the applicant and submitted to the zoning official. Preliminary and final plans may be filed and processed simultaneously.
   B.   Final Plans: Final plans for all or specified phases of a planned development district shall be submitted to the zoning official. The zoning official shall refer each such final plan to the Planning Commission/Zoning Board of Appeals. The Planning Commission/Zoning Board of Appeals shall review the final plan at a scheduled public meeting. The Planning Commission/Zoning Board of Appeals shall submit to the Village Board a written recommendation with respect to the final plan. The Planning Commission/Zoning Board of Appeals shall review the final plan and, shall recommend that the Village Board approve, approve with conditions, or disapprove such final plan. The Planning Commission/Zoning Board of Appeals shall set forth in writing the reasons for the recommendation, and may, in the event of a favorable recommendation, specify particular conditions which should be incorporated in the approval of the final plan. After receipt of the Planning Commission/Zoning Board of Appeals recommendation, the Village Board shall approve, approve with conditions, or disapprove the final plan. An approval may be conditional and, if so, shall specifically state what additions or deletions from the final plan as submitted shall be made in the final plan as approved. Such additions or deletions shall be shown on or attached to such approved final plan. Within six (6) weeks of approval of a final plan, three (3) complete paper copies and one pdf copy of such approved final plan with all accompanying materials and data shall be prepared by the applicant and submitted to the zoning official. This plan submission requirement shall be satisfied prior to application for building permit.
   C.   Preliminary And Final Plans Submitted Consecutively: Preliminary and final plans shall be filed and processed consecutively, and not simultaneously, unless the Village Board specifically exempts a petitioner from this requirement.
   D.   Recording: The zoning official or designee shall cause the recording of the planned development district ordinance. The applicant shall reimburse the Village all costs associated with recording the ordinance. (Ord. 2018-03-20C, 3-20-2018)

11-16-7: STANDARDS:

   A.   Off Street Parking And Loading: Except for modifications and exceptions granted by the Village Board, a planned development district shall be subject to the off street parking and loading regulations provided for in chapter 12 of this title, except that references therein to standard zoning districts shall be deemed to refer to areas within the planned development district wherein the principal use is similar to the principal uses permitted in such standard zoning districts.
   B.   Signs: Except for modifications and exceptions granted by the Village Board, a planned development district shall be subject to the sign regulations provided for in chapter 14 of this title, except that references therein to standard zoning districts shall be deemed to refer to areas within the planned development district wherein the principal use is similar to the principal uses permitted in such standard zoning districts.
   C.   Special Uses: Except for modifications and exceptions granted by the Village Board, special uses shall be permitted within a planned development district in accordance with the regulations provided for in section 11-13-12 and chapter 5 of this title, or other applicable Village ordinances, except that references therein to standard zoning districts shall be deemed to refer to areas within the planned development district wherein the principal use is similar to the principal uses permitted in such standard zoning districts.
   D.   General Provisions: Except for modifications and exceptions granted by the Village Board, a planned development district shall be subject to the general provisions regulations provided for in chapter 4 of this title, except that references therein to standard zoning districts shall be deemed to refer to areas within the planned development district wherein the principal use is similar to the principal uses permitted in such standard zoning districts.
   E.   Tree Preservation/Mitigation: The intent of this provision is to mitigate the loss of healthy, mature trees in the Village, by requiring replacement trees:
      1.   Existing trees, six inches (6") in diameter or greater, as measured at breast height (dbh), shall be preserved, when possible, according to a tree preservation plan prepared by the developer with input from the Director of Development or designee. The tree preservation plan shall show:
         a.   Protective fencing planned to be installed around the critical root zone of those trees identified for preservation, on both grading and landscape plans.
         b.   Trees that will have their roots pruned by a certified arborist, to avoid tearing and other damage during construction.
         c.   Locations where limestone and other materials that might negatively affect trees planned to be preserved will be stored on the property.
      2.   Where it is determined that trees six inches (6") dbh or greater must be removed to allow for proposed development, tree replacement will be required:
         a.   Not less than one (1) 3-inch caliper tree shall be required for each six inches (6") of tree proposed to be removed, as measured at breast height. However, in no instance shall more than three (3) 3-inch caliper replacement trees be required for any tree removed.
         b.   Replacement trees shall be required in addition to any other landscaping that may be required by this title, except landscape screening. In this instance replacement trees can be used to count toward screening between M-1 development and properties planned, zoned or used for residential or institutional purposes.
         c.   The number of trees that an individual property can support, according to good forestry practices, shall determine the number of replacement trees that will be required on an individual lot.
   F.   Modifications And Exceptions: As part of the approval of a plan description for a planned development district or of a preliminary plan or a final plan for all or part of a planned development district the Planning Commission/Zoning Board of Appeals may recommend and the Village Board grant, for all or specified areas of the planned development district, modifications and exceptions from any provisions of this title or title 12, "Subdivision Regulations", of this Code.
   G.   Natural Features: Natural features worthy of preservation within the planned development district shall be identified on preliminary and final plans and shall be left unimproved. Where parks and environmental corridors illustrated on the land use plan pass through a proposed planned development district, that land shall be perpetually preserved in a manner prescribed by the Village Board.
   H.   Conformance To Final Plan: A planned development district shall be developed only according to approved final plans. (Ord. 2005-06-28A, 6-28-2005; amd. Ord. 2018-03-20C, 3-20-2018)

11-16-8: TIME LIMITATIONS FOR SUBMISSION OF PRELIMINARY PLANS:

A preliminary plan for not less than forty (40) acres of the proposed planned development district (first preliminary plan) shall be submitted for approval within twelve (12) months after adoption by the Village Board of the map amendment establishing the planned development district; provided that upon request in writing of the applicant, the Village Board may at any time or from time to time, by resolution duly adopted at any meeting of the Village Board, extend the period of time for the submission of a first preliminary plan. If the first preliminary plan shall cover less than all of the planned development district, preliminary plans for additional areas of the district may be submitted to the Village Board from time to time after submission of such first preliminary plan; provided that preliminary plans covering all of the district shall be submitted to the Village Board within such period of time as shall have been prescribed in the approval of the map amendment for the planned development district which shall be not more than ten (10) years after the adoption by the Village Board of the map amendment establishing the planned development district; and provided, further, that upon request in writing of the applicant, the Village Board may at any time and from time to time, by resolution duly adopted at any meeting of the Village Board, extend the period of time for submission of preliminary plans covering all of the district. A preliminary plan for all or part of a planned development district may be submitted for approval with the application for establishment of the district and such preliminary plan may be approved by the Village Board at the time such map amendment is approved. (Ord. 2018-03-20C, 3-20-2018)

11-16-9: REQUIREMENTS FOR PRELIMINARY PLANS:

A preliminary plan shall include or be accompanied by the following. Plans shall also be in compliance with the subdivision regulations.
   A.   A rendered outline plan of the area covered by such preliminary plan drawn at a scale of not less than one inch equals two hundred feet (1" = 200') indicating the following:
      1.   All categories of land use and the percentage of land devoted to each, including the number of dwelling units.
      2.   Public roads, streets and alleys, including classifications, width of right-of-way and width of public surfaces.
      3.   Sidewalks, walkways, and bike paths.
   B.   A schematic preliminary engineering plan drawn at a scale of not less than one inch equals two hundred feet (1" = 200') indicating the following:
      1.   Schematic sanitary and storm sewer systems.
      2.   Schematic water supply system.
      3.   Schematic street lighting and public area lighting systems.
   C.   Two (2) topographical surveys of the area covered by such preliminary plan at two foot (2') contour intervals, one showing existing and one showing proposed contours.
   D.   A plat of survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor.
   E.   A time schedule of the proposed development of the area covered by such preliminary plan. (Ord. 2005-06-28A, 6-28-2005; amd. Ord. 2018-03-20C, 3-20-2018)

11-16-10: TIME LIMITATIONS FOR SUBMISSION OF FINAL PLANS:

Final plans for all of the area covered by the first preliminary plan required by section 11-16-8 of this chapter shall be submitted to the Village Board for referral to the Planning Commission/Zoning Board of Appeals within one year after approval of such first preliminary plan by the Village Board; provided that, upon request in writing of the applicant, the Village Board may at any time or from time to time, by resolution duly adopted at any meeting of the Village Board, extend the period of time for the submission of such final plans. Final plans covering all of the planned development district shall be submitted to the Village Board for referral to the Planning Commission/Zoning Board of Appeals within such period of time as shall have been prescribed in the approval of the application for establishment of the planned development district which shall be not more than eleven (11) years after adoption by the Village Board of the map amendment establishing the planned development district; provided, that upon request in writing of the applicant, the Village Board may at any time and from time to time, by resolution duly adopted at any meeting of the Village Board, extend the period of time for submission of final plans covering all of the district. (Ord. 2018-03-20C, 3-20-2018)

11-16-11: REQUIREMENTS FOR FINAL PLANS:

A final plan shall include or be accompanied by the following:
   A.   A calculated and dimensioned development plat capable of being recorded for the area covered by such final plan drawn at a scale of not less than one inch equals two hundred feet (1" = 200') indicating the following:
      1.   All public and private street rights-of-way and easements.
      2.   Dimensioned building sites, dimensioned setback lines and the proposed use of each building site.
      3.   Off street parking and service areas not incidental to building sites.
      4.   Open space and recreation facilities.
      5.   Sites for schools and other public facilities.
   B.   Development plans and specifications for the following improvements:
      1.   Roads, streets, alleys, including classifications, width of right-of-way, width of paved surfaces and construction details.
      2.   Sidewalks, including width of paved surfaces and construction details.
   C.   Engineered drawings for:
      1.   Sanitary and storm sewer systems.
      2.   Water supply system.
      3.   Street lighting and public area lighting systems.
Such engineered drawings shall be prepared in such detail as may be required by good engineering practice.
   D.   Estimates of the cost of installation of all proposed public improvements, confirmed by a registered Illinois engineer.
   E.   Provisions which will govern the use, maintenance and protection of access easements, off street parking spaces and common open space within the area covered by such final plan unless such provisions have been included in the plan description or in an approved preliminary plan for the area covered by such final plan. (Ord. 2005-06-28A, 6-28-2005; amd. Ord. 2018-03-20C, 3-20-2018)

11-16-12: CHANGES TO APPROVED FINAL PLANS:

   A.   Within such time periods as are prescribed in section 11-16-10 of this chapter, final plans for specified development phases of the planned development district shall be submitted for approval in accordance with the procedures set forth in section 11-16-6 of this chapter. A final plan containing reasonable variations or minor changes may be approved by the Village Board, after review and recommendation by the Planning Commission/Zoning Board of Appeals, provided said changes do not alter the spirit and intent of the approved planned development district inclusive of any such variations if made at preliminary plan stage (for example: A plan shall not have an increase of density at both the preliminary and final plan stages). Minor changes include:
      1.   Minor modifications to the location of buildings, provided all setbacks established for the planned unit development are met.
      2.   Minor changes to the location and configuration of streets and rights-of-way, which are made to preserve natural features.
      3.   Minor changes to the location and configuration and size of approved open space, environmental corridors, greenbelts and recreational facilities, due to circumstances that were not foreseen at the time the final plans were approved.
   B.   Major changes shall be reviewed by the Planning Commission/Zoning Board of Appeals through the public hearing process in accordance with chapter 13 of this title. A major change shall include:
      1.   Increases in density that exceed one or two (2) units.
      2.   Increases in the heights of buildings.
      3.   Reductions in approved open space, environmental corridors, or preservation areas.
      4.   Modifications to the approved uses, and a change by more than ten percent (10%) in the acreage allocated to each use.
      5.   Rearrangement of lots, blocks, and building tracts. (Ord. 2005-06-28A, 6-28-2005; amd. Ord. 2018-03-20C, 3-20-2018)

11-16-13: DEVELOPMENT ORDINANCES:

   A.   Planned development districts shall be controlled by means of development ordinances prepared by the Village Attorney and adopted by the Village Board subsequent to approval of preliminary and final plans. Said development ordinances shall include graphics and other support documentation upon which Village Board approval is based. The development ordinances shall specify any conditions of approval established by the Village Board.
   B.   Ordinances approving preliminary and final plans may provide for exceptions from district regulations governing use, density, area, bulk, parking, and subdivision design standards, as determined to be desirable to achieve the objectives of the proposed planned development district, provided such exceptions are consistent with the standards and criteria contained in this title. (Ord. 2018-03-20C, 3-20-2018)

11-16-14: SUBDIVISIONS:

   A.   At the time of any preliminary plan for all or part of a planned development district, the applicant may request that all or part of such preliminary plan be considered and approved as a "preliminary plat" under the applicable Village ordinances, including this title and title 12, "Subdivision Regulations", of this Code, and at the time of submission of a final plan for all or part of a planned development district, the applicant may request that all or part of such final plan be considered and approved as a "final plat" under those same ordinances.
   B.   The applicant shall comply with all requirements of title 12, "Subdivision Regulations", of this Code unless waived or varied by the planned development district ordinance. (Ord. 2018-03-20C, 3-20-2018)

11-16-15: PERMITS:

Building, zoning and occupancy permits shall be required for each structure in a planned development district. No building permit relating to any part of a planned development district shall be issued prior to the approval of a final plan for such part of the planned development district in accordance with the provisions of this chapter; provided that, subject to the approval of both the Village Engineer and the zoning official, mass excavation operations may be carried on prior to the approval of such final plan. (Ord. 2018-03-20C, 3-20-2018)

11-16-16: EXTERIOR CONSTRUCTION STANDARDS:

All principal structures, except for single-family dwelling units, shall have exterior walls of brick, decorative precast, or a decorative masonry surface. (Ord. 2018-03-20C, 3-20-2018)