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University Park City Zoning Code

CHAPTER 1266

PLANNED DEVELOPMENTS36

Sec. 1266-01.- Purpose.

Planned developments are intended to allow greater design flexibility than is permitted by the standard district regulations. A planned development can best adapt to the topography and other natural characteristics of a given site and result in a more economical and stable development. It is intended that these regulations will encourage and facilitate development which is consistent with the spirit and intent of the Comprehensive Plan, be in conformity with the general character of the Village and have a stability of the Village and its immediate environs than would development under strict conformity with district regulations. Thus, strict adherence to standards, requirements and general provisions is waived. The permitted uses in any given district may be increased. Planned developments are of such substantially different character from other special uses that the following standards are established to guard against use of the planned development technique solely as a means of intensifying the use of land, and to provide flexibility that will stimulate sound and imaginative design.
(Ord. 157. Passed 4-7-72.)

Sec. 1266-02. - Procedure.

(a)

Preapplication Conference. The procedure to be followed in considering applications for planned developments is similar to that for approval of plats as required by Title Four of Part Twelve-the Planning and Zoning Code. The approval of the planned development will constitute an official deviation of the requirements of this Zoning Code and the Subdivision Regulations standards. Prior to official submittal of an application for consideration of a planned development, the owner or developer shall meet with the Plan Commission for a preliminary discussion as to the scope and nature of the proposed development. Thereafter the developer may submit to the Commission a tentative sketch plan and an outline prospectus of the proposed development for further discussion purposes.

(b)

Initiation. Following the preliminary consultation with the Plan Commission, application may be made in accordance with the procedures set forth for special uses in Section 1274-11.

(c)

Preliminary Proposal. Formal application for approval of a planned development shall first be presented in the form of the preliminary proposal, and shall be filed with the Village Clerk, who, within forty-eight (48) hours after receipt shall transmit the same, including all documents relating thereto, to the Commission, and shall notify the Board of Trustees in writing of such receipt and transmittal. All applications for a preliminary proposal shall be accompanied by a fee consistent with the fee schedule as adopted by the Board of Trustees. Such fee shall be in addition to any other fee as may be required.

The purpose of a preliminary proposal is to establish a frame of reference for the Village to consider the merits of a proposed planned development as it relates to the Comprehensive Plan and to afford a basis for determining whether or not the Village would look favorably toward a zoning of the property to accommodate a planned development of the nature being proposed.

(1)

Twenty (20) copies of the preliminary proposal shall accompany the application. The Clerk shall forward one (1) copy of the application and seven (7) copies of the preliminary proposal to the Commission at least ten (10) days prior to the meeting at which it is to consider the matter, two (2) copies to the Village Engineer, two (2) copies to be retained by the Clerk for filing and seven (7) copies to the Village Board.

(2)

A preliminary proposal for a planned development shall be submitted and shall comprise, but not necessarily be limited to, the following:

A.

A written explanation of the general character of the project and the manner in which it is planned to take advantage of the flexibility of these regulations;

B.

A legal description of the property proposed to be developed; and

C.

A plan of the proposed planned development sufficient in detail and scope to afford the Commission and Board of Trustees an opportunity of making a determination as to whether the Village is favorably or unfavorably disposed as to the granting of the necessary zoning certificate for a special use for a planned development. The Board of Trustees, when approving a preliminary proposal, shall not be bound by the location of anything shown on such a plan if, when placed on a plat of survey there is any conflict or difference. The plan shall indicate:

1.

The approximate residential density proposed for the entire project and, if the project is to be comprised of well-defined areas of varying types of residential development, the approximate density for each such area;

2.

The proposed height and bulk of buildings; however, the approval of the preliminary proposal by the Board of Trustees shall not preclude their right to pass judgment on the specific location of buildings when the preliminary plan is approved.

3.

The approximate percentage of the project land area to be covered by buildings and streets;

4.

The approximate number of dwelling units proposed for the project, including a schedule of the number of efficiency, one (1), two (2) and three (3) or more bedroom units, except that a bedroom schedule is not required for single-family detached dwellings;

5.

Traffic circulation features within and adjacent to the project;

6.

Areas designated for permanent open space, whether to be dedicated to the public or to be privately maintained;

7.

Amenities to be provided within the proposed planned development;

8.

Existing zoning of the project site and adjacent properties; and

9.

Generalized plan for utilities which will serve the project.

(3)

Within forty-five (45) days of receipt by the Commission of a preliminary proposal, the Commission shall conduct a public hearing on the proposition of whether or not a special use for a planned development should be granted for the subject property.

(4)

[Repealed.]

Editor's note— This paragraph was repealed by Ordinance 516, passed January 12, 1982.)

(5)

[Repealed.]

Editor's note— This paragraph was repealed by Ordinance 516, passed January 12, 1982.)

(6)

[Repealed.]

Editor's note— This paragraph was repealed by Ordinance 516, passed January 12, 1982.)

(7)

Upon approval of the preliminary proposal by the Commission, the following Notice of Approval shall be stamped upon four (4) prints thereof, and required signatures attested:

NOTICE OF APPROVAL OF PRELIMINARY PROPOSAL

Notice is hereby given that the preliminary proposal of a planned development as shown hereon has received approval by the Plan Commission of the Village of University Park, Illinois, and upon compliance by the developer with requirements or qualifications governing the approval of preliminary proposals and with other revisions and stipulations that may be required, the Board of Trustees will receive said Preliminary Plan for consideration when submitted by the developer in such form and within such time as required by this Ordinance.

The Plan Commission of the Village of University Park, Illinois
Date _____19____________
By _____

Chairman

Attest: _____

Secretary

(d)

Preliminary Plan. Following a favorable resolution relative to a preliminary proposal, a preliminary plan of the proposed planned development shall be submitted as required by these Subdivision Regulations. An application for a planned development shall be accompanied by a fee consistent with the fee schedule as adopted by the Board of Trustees.

The preliminary plan shall show the following:

(1)

The items listed under Chapter 1216; if subdivision procedures are not involved, they may be helpful as a guide in the preparation of the preliminary plan;

(2)

A site plan showing locations of buildings and other structures, use of land, areas to be reserved as permanent open space, usable open space, parking and loading spaces and other features;

(3)

[Repealed.]

Editor's note— This paragraph was repealed by Ordinance 516, passed January 12, 1982.)

(4)

[Repealed.]

Editor's note— This paragraph was repealed by Ordinance 516, passed January 12, 1982.)

(5)

[Repealed.]

Editor's note— This paragraph was repealed by Ordinance 516, passed January 12, 1982.)

(e)

Final Plan. The owner or developer shall submit ten (10) copies of the final plan to the Clerk, who shall distribute them in the manner prescribed for preliminary plans.

The final plan shall be submitted to the Clerk within two (2) years after approval of the preliminary plan. The final plan, covering the whole planned development shall retain the design characteristics of the approved preliminary plan. If desired by the owner or developer, the final plan may constitute only that portion of the approved preliminary plan which he proposes to develop at the time and the preliminary plan shall then be extended for one (1) additional year.

The final plan shall be accompanied by the following:

(1)

The final subdivision plat, if any;

(2)

A draft of the proposed declaration of covenants and restriction for the planned development;

(3)

A draft of the proposed articles of incorporation of the nonprofit corporation; and

(4)

A draft of the proposed by-laws of the homeowner's association.

The drafts required in paragraphs (2) through (4) hereof shall be submitted to the Village Attorney for review and approval as to legal form, prior to consideration of the same by the Board of Trustees.

(f)

Approval or Disapproval of Final Plan. The Commission shall transmit its findings and recommendations as to the final plan to the Board of Trustees within forty-five (45) days following the receipt of the final plan by the Clerk. The Board of Trustees shall, after receipt of the final plan and the report of the Commission, within thirty (30) days approve or disapprove the final plan and notify the Commission and the owner or developer of its action.

(g)

Filing. The final plat, in exact form as approved, shall be filed for record by the Village Clerk in the County Recorder of Deeds Office within thirty (30) days of approval by the Board of Trustees. Approval of the final plat by the Plan Commission and the Board shall be null and void if the plat is not acceptable for recording in the office of the County Recorder of Deeds. The petitioner for the planned development shall pay all fees associated with the recording of the final plat.

(h)

Amendments. Proposed changes from an approved plan in all phases of processing may be submitted to the Commission for consideration. If the Commission finds that the sought after design adjustment, change in bedroom composition or other revision will or will not adversely affect the basic character of the proposed planned development it shall advise the Village Board accordingly. The Village Board shall have final authority to approve or disapprove any such change.

(i)

Zoning Map. Approved planned developments shall be delineated and designated by number on the Zoning District Map. A file, available for inspection by the public, shall be maintained by the Building Inspector for each planned development so designated. The file shall contain a record of the approved development plan and all use exceptions allowed.
(Ord. 115. Passed 10-23-70; Ord.157. Passed 1-7-72; Ord.516. Passed 1-12-82.)

Sec. 1266-03. - Use exceptions.

The Plan Commission may recommend and the President and Board of Trustees may authorize that there be in part of the area of a planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which such development is located, provided that the Commission finds that:

(a)

The uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the development;

(b)

The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

(c)

Not more than twenty (20) percent of the ground area or of the gross floor area of such development is devoted to the uses permitted by such exception;

(d)

In an industrial planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located, as set forth in Chapter 1264; and

(e)

The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the Zoning District Map.
(Ord. 115. Passed 10-23-70.)

Sec. 1266-04. - Standards.

(a)

Control; Size. The site of any planned development shall be under single ownership or unified control and shall be not less than sixty thousand (60,000) square feet in area.

(b)

Compatibility. The planned development shall be compatible with the purpose of this chapter and with any comprehensive plan that might be enacted subsequent to the passage of this section (Ordinance 477, passed January 27, 1981). A planned development shall exercise no substantial detrimental influence upon the market value of surrounding properties and shall cause no substantial impairment of the use of such properties by the present owners.

(c)

Economic Impact. A showing of favorable economic impact on the community at large must be made by the petitioner.

(d)

Environmental Protection. It must be shown that the proposed planned development will in no way be detrimental to the environment or adversely affect the environment. Scenic assets and natural features, such as trees, streams and topographic and geological features, shall be protected and preserved to the greatest extent possible.

(e)

Design. Harmonious design, including a variety of building types, shall be encouraged.

(f)

Density. Gross density standards shall be as follows:

(1)

In the RI District, not more than 2.3 dwelling units per gross acre;

(2)

In the R2 District, not more than 3.6 dwelling units per gross acre;

(3)

In the R3 District, not more than five (5) dwelling units per gross acre; and

(4)

In the R4 District, not more than twelve (12) dwelling units per gross acre, except as otherwise provided.

(g)

Screening. Fences, walls or vegetative screening shall be provided at the perimeter of planned developments where necessary to screen improvements, glare, uses or other influences having an adverse impact either on the planned development or on adjacent property. Such screening shall be of sufficient height to minimize the impact of such adverse elements on any use located either within or adjacent to the planned development.

(h)

Traffic. The site of the planned development shall be accessible from public roads adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development. Traffic control signals shall be provided without expense to the Village when the Village Traffic Engineer determines that such signals are required to prevent or minimize actual or anticipated traffic hazards or congestion in adjacent streets. Access points shall be designed to provide smooth traffic flow, controlled turning movements and a minimum hazard to vehicular and pedestrian traffic. Merging and turn-out lanes and traffic dividers shall be provided where existing or anticipated heavy flows of traffic indicate such need. No streets or roads within a planned development shall connect to exterior streets. Fire lanes shall be provided as required.

(i)

Public Services. It must be shown that the development shall not impose an undue burden on public services and facilities such as fire and police protection, schools, water, the sanitary system and storm water run-off.

(j)

Covenants and Easements. The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, nonresidential uses and structures and public facilities as are necessary for the welfare of the planned development and as are consistent with the best interests of the Village and surrounding areas. Such covenants, easements and other provisions, if part of the development plan as finally approved, may be modified, removed or released only with the consent of the Board of Trustees.

(k)

Common Open Space. The developer shall provide for and establish an organization or other legal entity for the ownership and maintenance of any common open space designated on the development plan. Such organization shall be created by covenants running with the land, and such covenants shall be included as a part of development plans and shall be subject to the approval of the Village Attorney and the Board of Trustees. Such organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and organized to own and maintain the common open space for the purpose of benefiting the owners and residents of the development), without first offering to dedicate the space to the Village.

(l)

Partial Development. The Plan Commission or the Zoning Board of Appeals may designate divisible geographic sections of the entire parcel to be developed as a unit and shall, in such case, specify reasonable periods within which development of each such unit must be commenced.
(Ord. 477. Passed 12-7-81.)