(1)   These regulations for planned unit developments for residential uses offer an alternative method for developing land. This alternative allows flexibility in applying certain zoning standards. Such flexibility requires a review process and development plan to safeguard health, safety, and welfare concerns.In exchange for flexibility, Planned unit developments are required through traditional zoning techniques. These requirements are designed to offset the impact of changes in development standards allowed through these provisions such as increased densities, mixed land uses and reduced setbacks. The planned unit development designation acts as an overlay zone. With this approach, the overall intensity of a development is consistent with the underlying zoning district and Land Use Plan.

      (2)   The planned unit development regulations should have the following outcomes:

         (a)   Allow flexibility that is not available through standards and restrictions contained elsewhere in this chapter.

         (b)   Promote more efficient use of land.

         (c)   Incorporate site features such as topography, views, vegetation, water features, and other factors into the design so they become assets to the development.

         (d)   Provide additional amenities that would not otherwise be required under conventional zoning.

         (e)   Promote building styles and architectural styles that complement one another.

         (f)   Allow a mix of uses that are designed to negate potential conflicts that normally occur between incompatible land uses.

         (g)   Promote the most efficient arrangement of circulation systems, land use, and buildings.

         (h)   Promote environmentally sensitive developments.

         (i)   Allow development, under a specifically approved design concept and site plan, which otherwise may not be permitted by this chapter.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   Prior to the preparation of a formal application for a major planned development, the applicant shall meet with the Planning and Zoning Board to discuss the proposed development. The Plat Officer shall inform the applicant of the village's plans and policies which may affect the development, the specific requirements for planned developments, and the procedures involved in submitting an application for a planned development.

      (2)   The Plat Officer may request the applicant to conduct a public information meeting about the project and provide notice to neighborhood groups.

      (3)   A pre-application conference is not required for a minor planned development, but may be scheduled at the applicant's or Plat Officer's request.

Submission requirements for a pre-application conference are contained in Table 154-1: Application Checklist for Planned Developments.

Preliminary plan review by the Planning and Zoning Board and review and approval by the Village Board is required for minor and major planned developments. Application requirements for a preliminary plan are contained in Table 154-1: Application Checklist for Planned Developments. Ten copies of all documentation should be submitted with the exception of the application form and fee.

      (1)   Common address and legal description of subject property.

      (2)   A general description of the project and how the proposal relates to the purpose statements at the beginning of this subchapter.

      (3)   Present and proposed zoning, (if applicable).

      (4)   A list of conditions for future development, site plan review criteria, design features, required improvements, and other standards specific to the proposal that should be incorporated in the final plan.

      (5)   A list of any waivers or items required of the village which are part of the proposal.

      (6)   Any elements of the planned development which are based on any flexible requirements which are permitted in this subchapter.

      (7)   The most recent site plan, landscape development plan, and project data that have been submitted for approval, and any other exhibits, architectural drawings, or plans that document the development proposal being reviewed by Planning and Zoning Board.

      (8)   If the applicant intends to sell or lease all or a portion of the planned development after the project is approved, the application shall contain a statement indicating this intent. If applicable, the conditions of sale and maintenance of such developed properties shall be described and shall include a general description of any deed restriction, covenants, or other similar agreements.

      (9)   A description of the guarantee or covenants of ownership to be used for maintenance of any common open space.

      (10)   A development schedule indicating the proposed time frame for construction and improvements.

      (1)   Upon receipt of the application and supporting documents, the Planning and Zoning Board shall conduct a public hearing. Such hearings may be continued for purposes of revising the submitted application, or other documentation.

      (2)   The Planning and Zoning Board shall review the proposed planned development. The Commission shall make a determination on whether the following criteria have been met:

         (a)   The proposal advances the purpose statements of this subchapter.

         (b)   The proposal meets the minimum development requirements of this subchapter.

         (c)   The proposal adequately and appropriately incorporates the design guidelines in § 154.173 that are appropriate to the type of development being proposed.

      (3)   The proposed zoning is consistent with the Land Use Plan and is in the best interest of the public.

      (4)   Within 30 days after completion of the hearing, the Planning and Zoning Board shall forward its recommendation to the Village Board.

      (5)   The Village Board shall approve or deny the preliminary plan, based on the review criteria listed for Planning and Zoning Board review. Approval of the preliminary plan by the Village Board shall expire after 12 months, unless the final plan application is filed within 12 months of Board approval.

      (1)   Upon submittal of the final plan application, the Plat Officer shall review the application to determine if the final plan meets the requirements of the preliminary plan.

      (2)   If any requirement is absent or has been modified in the final plan application, or if new waivers are requested, the final plan application shall be referred to the Planning and Zoning Board. If the final plan conforms to the preliminary plan and no new waivers are requested, the final plan shall be referred directly to Village Board.

      (3)   The Planning and Zoning Board shall review the submitted documents and ascertain whether or not the final plans substantially conform with the purpose and intent of the approval preliminary plan and other provisions of this subchapter. Upon review of the final plan, the Planning and Zoning Board shall forward the final plan and supporting documents to the Village Board along with its recommendation.

      (4)   The final plan shall be presented to the Village Board to accept or reject within 30 days following Planning and Zoning Board action. If the plan is approved by the Village Board and the Village Attorney, upon direction of the application, shall deliver for recording all dedications, covenants, and such other documents as may be required by this subchapter to the Recorder's Office or other escrow agent for recording, but only after all documents and bonds required of this subchapter have been tendered to the village in satisfactory form.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   For minor planned developments, a site and landscape development plan shall accompany the building permit application. The site and landscape plan shall be prepared in accordance with specifications for a final development plan in Table 154-2: Specifications for Required Plans and Drawings and shall be in conformance with the approved preliminary plan.

      (2)   For major planned developments, the final development plan and landscape plan approved by Village Board satisfies the site plan requirements for the building permit approval process.

      (3)   Evidence that all plans, covenants, bonds, or certificates have been properly recorded and executed shall accompany the permit application.

      (4)   The Zoning Administrator shall review the building permit application and determine if it meets the requirements of the final development plan, the conditions in the planned development, and all other applicable zoning regulations. The Zoning Administrator shall approve the building permit if it meets all requirements, or withhold approval of the building permit and notify the applicant of the reasons why the building permit was denied.

      (5)   A planned development shall be developed according to the approved final development plan. Amendments or modifications to the planned development certificate and final plan are permitted in accordance with this subchapter.

      (1)   The Zoning Administrator shall review the application for site plan review and building permits to determine if there are any major or minor amendments. The Zoning Administrator may approve minor amendments to the planned development during the permit review stage. In no case shall an amendment be approved as a minor amendment that permits changes beyond the minimum or maximum requirements set forth in this chapter.

      (2)   Minor amendments include the following:

         (a)   Changes that are expressly provided for in the planned development.

         (b)   Minor changes in the location, siting, and height of the buildings and structures that are not a major amendment as defined below. Such changes may only be authorized if engineering or other physical limitations of the site or building, not reasonably foreseeable at the time the final plan were approved, warrant such a change.

         (c)   Construction of accessory structures less than 600 square feet in area.

Major amendments may only be made under the procedures that are applicable to the initial approval of a planned development. Unless accounted for in the approved planned development, the following are major amendments:

      (1)   A change in the use or mix of uses in the development based on the percentage of floor or land area designated for a particular use.

      (2)   An increase in overall lot coverage of the structures by more than 10%.

      (3)   An increase in overall ground coverage of structures or density by more than 10%.

      (4)   An increase in more than ten feet in height of any building.

      (5)   A reduction in overall amount of usable open space or a reduction of any area designated as common open space.

      (6)   A reduction in off-street loading and parking spaces by more than 5%.

      (7)   The change in location of any structure by more than ten feet in any direction.

      (8)   A reduction in required street, access drive, or parking lot dimension widths.

      (9)   An overall reduction in the area designated for landscaping treatment in anyone phase by more than 10%.

      (10)   A change in street layout or circulation pattern.

(Ord. 2020-O-3, passed 2-18-2020)

 

 

      (1)   The minimum area of a lot shall not be less than 3,200 square feet for a zero lot line dwelling and 4,000 square feet for a cluster development. The minimum width shall not be less than 40 feet.

      (2)   There shall be no minimum side yard on one side (zero side yard setback) and a minimum ten-foot side yard on the opposite side for zero lot line dwellings. The minimum front yard shall be no less than 20 feet and the minimum rear yard shall be no less than ten feet for both a zero lot line and cluster subdivisions.

      (3)   A four-foot building wall maintenance/drainage easement shall be provided on a lot adjacent to the zero lot line property line, dedicated the entire length of the lot. With the exception of walls or fences, such perpetual maintenance easement shall be clear of structures and above ground utility appurtenances. This easement shall be shown on the final development plat and shall be incorporated into each deed transferring title to the property either as a covenant in the owner's certificate or in each deed transferring property in the planned development.

      (4)   Roof overhangs may penetrate the easement of the adjacent lot a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area or transported to an approved outlet.

      (1)   For major planned developments, in addition to required usable open space necessary to meet the open space ratio as established by the underlying zoning district for residential planned developments, a minimum of 10% of the gross site area shall be common open space in accordance with the design guidelines in Table 154-3: Planned Development Design Guidelines for Planned Developments.

      (2)   Major planned developments must contain a parcel designated as common open space which shall be not less than 6,000 square feet in area or less than 30 feet in its smallest dimension.

      (3)   Public parks and water surfaces such as ponds or lakes may count towards the required common open space if such water surfaces or park areas are adjacent and accessible to land that is designated as common open space in the development. In no case shall a public park or water surface comprise or be counted towards more than 50% of the required open space.

      (4)   All common open space shall be either:

         (a)   Conveyed to a not-for-profit corporation or entity established for the purpose of maintaining said common open space for the benefit and use of the owners and residents of the planned development, or adjoining property owners, or anyone or more of them by providing perpetual maintenance of all recreational open space in the project. All lands so conveyed shall be subject to the right of the owners within the planned development to enforce maintenance and improvement of the recreational open space; or

         (b)   Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement running with the land for the benefit of residents of the planned development, or adjoining property owners.

Table 154-3: Planned Development Design Guidelines for Planned Developments contains design guidelines for planned developments. Since planned developments can be built at higher density and may contain uses not allowed on adjacent properties, design quality above the minimum otherwise allowedin zoning districts is necessary. It is intended that the planned development design guidelines provide a general outline of criteria needed to be addressed as part of the review of individual developments. It is recognized that not all of the design guidelines may apply to each planned development, but the intent of each section must be met as described in the purpose section of each guideline. Within Table 154-3: Planned Development Design Guidelines for Planned Developments, use of the word "shall" indicates a design guideline which must be met for all planned developments. Use of the word "should" indicates a design guideline which must be met unless the applicant demonstrates that the particular criteria is not applicable or impractical as applied to the particular planned development. Use of the word "may" indicates a design guideline which is desirable, but not required and may be requested in exchange for flexibility granted through the planned development.

(Ord. 2020-O-3, passed 2-18-2020)

 

(Ord. 2020-O-3, passed 2-18-2020)

 

 

 

 

(Ord. 2020-O-3, passed 2-18-2020)