Planned unit developments are a distinct category of conditional use intended to allow flexibility in the application of the standards of this Ordinance for proposed developments that provide amenities to the community beyond those required of conventional development applications. The planned unit development process seeks to achieve the following specific purposes:

A.

Protect and promote the health, safety, comfort, convenience, and general welfare of the public.

B.

Encourage creativity, flexibility, sustainability, and environmental sensitivity in the development of land and the design of structures.

C.

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

D.

Support the creation of a variety of housing types to provide greater housing choice.

E.

Facilitate development that is consistent with the Comprehensive Plan, ensuring that the planned unit development is compatible with the character of the areas proposed for redevelopment.

F.

Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

G.

Facilitate the provision of open space, recreational facilities, and other amenities that will enhance the character of the site and the City as a whole.

A.

The following types of proposed developments will be required to obtain planned unit development approval:

1.

New development proposals with a total lot area of 10,000 square feet or more within the B4, H/C, L1, L2, or L3 districts.

2.

New development proposals with a total lot area of 50,000 square feet or more in all other districts.

3.

New development proposals consisting of two or more principal structures on a single zoning lot.

4.

New development proposals for which an applicant chooses to utilize the planned unit development process to achieve the development goals set forth in Section 5.01 (Purpose).

B.

Conditional Use Standards. A planned unit development is granted in accordance with the procedures, standards, and requirements of this Section, Section 9 (Uses), and Section 4.08 (Conditional Uses). A planned unit development approved as a conditional use may deviate from the standards and requirements of this Ordinance except for environmental standards, building codes, and Americans with Disabilities Act requirements.

C.

Subdivision Plats and Building Permits. A planned unit development may be granted before, concurrently, or following approval of a plat of subdivision in accordance with Section 3.03 (Subdivision Applications), Section 7 (Subdivision Development Standards), and/or a building permit in accordance with City's Code of Ordinances Title 4 (Building Regulations), Chapter 1 (Building Code).

D.

Exceptions. Planned unit developments are subject to the regulations of the zoning district in which they are located, unless exceptions from these regulations are approved by the City Council as part of the planned development approvals and found to be in accordance with Section 5.05 (Standards for Planned Unit Developments).

(Ord. No. 25-O-03, § 2(Exh. A), 1-6-25)

An application for a planned unit development follows a four-step procedure, which includes a staff consultation, an optional concept plan consultation, submission, review, and approval of a preliminary plan, and submission, review, and approval of a final plan. The applicant may submit concurrent applications for the preliminary plan and final plan, in which case the preliminary plan and the final plan are comprised of the same document in accordance with Section 5.03.C (Final Plan). See Figure 5.03-1 Planned Unit Development Application Procedure.

Figure 5.03-1 Planned Unit Development Application Procedure

A.

Pre-Application Consultation. The purpose of the pre-application meeting is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate City staff prior to preparation of the optional concept plan or preliminary plan.

1.

Action by the Zoning Administrator

a.

Prior to filing a formal application for a planned unit development, the applicant must arrange a pre-application meeting with the Zoning Administrator to discuss the proposed planned unit development.

b.

The Zoning Administrator and appropriate City staff will meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

c.

The Zoning Administrator may provide advice and assistance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the City.

d.

Any advice and assistance provided by the Zoning Administrator and City staff is advisory and is not binding upon the Planning and Zoning Commission or City Council with respect to the formal planned unit development application.

2.

Action by the Planning and Zoning Commission

a.

After completing the pre-application meeting with the Zoning Administrator but prior to filing a formal application for a planned unit development, the applicant may arrange an optional concept plan consultation with the Planning and Zoning Commission to present the proposed planned unit development for preliminary feedback.

b.

The Planning and Zoning Commission may meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application.

c.

The Planning and Zoning Commission may provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposed development is consistent with the intent of the Comprehensive Plan and the other land use policies of the City.

d.

Any information and guidance provided by the Planning and Zoning Commission is advisory and is not binding upon the Planning and Zoning Commission or City Council with respect to any formal planned unit development application.

B.

Preliminary Plan. The purpose of the preliminary plan for a planned unit development is to allow the applicant to obtain a preliminary recommendation from the Planning and Zoning Commission and preliminary approval from the City Council prior to preparation of the final plan.

1.

Action by the Zoning Administrator

a.

Applications for a preliminary plan for a planned unit development must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedure) and the requirements for a planned unit development application. Planned unit developments that include a conditional use must file a concurrent conditional use permit application with the Zoning Administrator. Applications may not be filed until the staff consultation is complete.

b.

Upon determining that the planned unit development application is complete, the Zoning Administrator will prepare a report for the Planning and Zoning Commission evaluating the proposed planned unit development based upon the standards of Section 5.05 (Standards for Planned Unit Developments) and Section 4.08.D (Standards for Conditional Uses) and schedule the application for consideration by the Planning and Zoning Commission.

2.

Action by the Planning and Zoning Commission

a.

The Planning and Zoning Commission will conduct a public hearing on a proposed preliminary plan for a planned unit development in accordance with Section 2.08 (Public Hearing) no later than 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing will be provided in accordance with Section 2.07 (Notice).

b.

The Planning and Zoning Commission will evaluate the application based upon the Zoning Administrator's report, the evidence and testimony presented at the public hearing, and the standards of Section 5.05 (Standards for Planned Unit Developments) and Section 4.08.D (Standards for Conditional Uses). The Planning and Zoning Commission may request review of the application by, and recommendations from, appropriate city departments and other public offices.

c.

The Planning and Zoning Commission will recommend approval, approval with conditions, or denial of the application.

(1)

In recommending approval of a preliminary plan for a planned unit development, the Planning and Zoning Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and a conditional use permit as deemed necessary to protect the public interest.

(2)

In recommending approval of a preliminary plan for a planned unit development, the Planning and Zoning Commission may recommend guarantees from the applicant as deemed necessary to assure compliance with the stipulated conditions of approval.

d.

The Planning and Zoning Commission will forward its recommendation to the City Council no later than 30 days after the close of the public hearing.

3.

Action by the City Council

a.

The City Council will consider the application no later than 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

b.

The City Council will evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence and testimony presented at the public hearing, and the standards of Section 5.05 (Standards for Planned Unit Developments) and Section 4.08.D (Standards for Conditional Uses).

c.

The City Council may (i) by ordinance or resolution duly adopted, grant approval or approval with conditions of the preliminary plan, or (ii) deny, or refer the application back to the Planning and Zoning Commission for further consideration by motion. In approving a preliminary plan for a planned unit development, the City Council may:

(1)

Identify conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development as deemed necessary to protect the public interest, to be imposed at such time as final plan approval of the planned unit development is granted.

(2)

Require guarantees from the applicant as deemed necessary to assure compliance with the stipulated conditions.

d.

Following approval of a preliminary plan for a planned unit development, the applicant may prepare and submit a final plan for the planned unit development.

C.

Final Plan. The purpose of the final plan for a planned unit development is to provide additional detail in substantial compliance with the preliminary plan and to allow the applicant to obtain final approval of the planned unit development from the City Council.

1.

Action by the Zoning Administrator

a.

Applications for a final plan for a planned unit development must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedure) and the requirements for a planned unit development application. Applications must be filed no later than 180 days after approval of the preliminary plan.

b.

Upon determining that the application is complete, the Zoning Administrator will assess whether the final plan substantially conforms with the approved preliminary plan and any conditions and guarantees deemed necessary by the City Council.

c.

If the final plan substantially conforms with the approved preliminary plan, the Zoning Administrator will prepare a report for the City Council recommending approval of the final plan and schedule the application for consideration by the City Council.

d.

If the final plan does not substantially conform with the approved preliminary plan, the Zoning Administrator will allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report and allow the applicant to resubmit the application as a final plan in accordance with the requirements of this Section.

e.

Failure by the applicant to revise any parts of the final plan that does not substantially conform with the preliminary plan will require the applicant to restart the preliminary plan review process, including a new public hearing before the Planning and Zoning Commission.

2.

Action by the City Council

a.

The City Council will consider the application no later than 30 days after receiving the report of the Zoning Administrator recommending approval of the final plan. The 30-day period may be extended with the written consent of the applicant.

b.

The City Council may (i) by ordinance duly adopted, grant approval or approval with conditions of a conditional use permit for a planned unit development and the final plan, or (ii) deny the application by motion. A denial of the final plan will include a clear statement of reasoning for the denial.

c.

Upon approval of the final plan by the City Council, the use of land and the construction or modification of any buildings or structures on the site that differ from this Ordinance will be governed by the approved final plan rather than by other provisions of this Ordinance.

3.

Filing and Recordation of an Approved Final Plan. If a final plan is approved by City Council, the final plan will be filed with the Zoning Administrator and the City Clerk and recorded with the Recording Division of the Lake County Clerk's Office.

A final plan for an approved planned unit development may be amended only in accordance with the requirements of this Section.

A.

Classification of Amendments to Planned Unit Development.

1.

Minor Amendments. Any change to an approved final plan that minimally affects the essential design, composition, and character of a planned unit development is considered a minor amendment. The Zoning Administrator will make a decision on a request for a minor amendment in accordance with 5.03.B (Preliminary Plan). Minor amendments include the following:

a.

Any change in the proportion of land uses in the development by less than five percent.

b.

Any change in the proportion of housing types by less than 15 percent.

c.

Any change in the total area of the development by less than five percent.

d.

Any change in the building height of the development by less than five percent.

e.

Any change in the proportion of the impervious coverage of the development by less than five percentage points.

f.

Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet.

g.

Any change in the number of off-street parking spaces provided within the development by less than ten percent.

Any amendment that is not established as a minor amendment in Section 5.04.A.1 (Minor Amendments) is considered a major amendment. The Zoning Administrator may, in their sole discretion, require that any application for an amendment to a planned unit development will be resubmitted as a major amendment in accordance with Section 5.04.A.2 (Major Amendments).

2.

Major Amendments. Any change to an approved final plan that substantially affects the essential design, composition, and character of the planned unit development is considered a major amendment. The City Council will decide on a request for a major amendment after receiving a recommendation from the Planning and Zoning Commission in accordance with Section 5.03.B (Preliminary Plan).

B.

Review and Approval of Amendments to Planned Unit Developments.

1.

Applications for amendments shall be submitted in accordance with Section 2.06 (Application Procedure).

2.

Minor amendments to planned unit developments may be approved, approved with conditions, denied, or referred to the Planning and Zoning Commission by the Zoning Administrator.

3.

Major amendments shall be referred to the Planning and Zoning Commission for consideration and hearing. The Planning and Zoning Commission will recommend approval, approval with conditions, or denial of the major amendment. The City Council may (i) by ordinance or resolution duly adopted, grant approval or, approval with conditions of the major amendment, or (ii) deny, or refer the application back to the Planning and Zoning Commission for further consideration by motion.

The City Council, Planning and Zoning Commission, and Zoning Administrator will evaluate applications for planned unit developments applying the standards of this Section and the standards for conditional use permits set forth in Section 4.08.D (Standards for Conditional Uses).

A.

The proposed planned unit development fulfills the objectives of the Comprehensive Plan and the other land use policies of the City through an innovative and creative approach to the development of land.

B.

The proposed planned unit development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that comply with the Americans with Disabilities Act and adequately serve the uses within the development, promote improved access to public transportation, and provide for safe and accessible motor vehicle, bicycle, and pedestrian traffic to and from the site.

C.

The proposed planned unit development will provide landscaping and screening that enhances the City's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.

D.

The proposed planned unit development will incorporate sustainable and low impact site design and development principles.

E.

The proposed planned unit development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation.

F.

The proposed planned unit development will provide for underground installation of utilities when feasible, including electricity, cable, fiber optics, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.

Planned unit developments may be granted certain exceptions from the requirements of this Ordinance. Such exceptions may only be granted in exchange for the inclusion of benefits in the manner set forth in Section 5.07 (Provision of Community Amenities).

A.

Residential Use Exceptions. In the B2, B4, and H/C districts, ground floor dwelling units may only be allowed as a planned unit development.

B.

Other Exceptions. Planned unit developments may be granted the exceptions to the requirements of Section 8 (Zoning District Regulations), Section 10 (Off-Street Parking and Loading), Section 11 (Landscape Standards), and Section 12 (Signs) of this Ordinance, provided that the standards set forth in Section 4.08.D (Standards for Conditional Uses) are met.

In addition to those community amenities required by Section 7.06 (Cash and Land Donations), planned unit developments may be granted specific exceptions from zoning district regulations, which may include those in Section 5.06 (Permitted Exceptions for Planned Unit Developments), if the applicant demonstrates that the development will provide amenities to the City that are not required from conventional development applications. The amenities to be considered by the City Council, Planning and Zoning Commission, and Zoning Administrator will be appropriate for the scale of the planned unit development and may include, but are not limited to, the following:

A.

Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.

B.

Establishment of recreational amenities accessible to the public, such as playing fields, playgrounds, swimming pools, and fitness facilities.

C.

Enhancement of the community's natural environment and open space amenities, including existing natural features, water courses, trees, trails, and native vegetation, or removal of invasive species.

D.

Preservation and enhancement or adaptive reuse of the community's cultural resources and historic places.

E.

Provision of public infrastructure improvements that exceed the requirements of the planned unit development, such as interconnected streets without dead end streets or culs-de-sac, enhancements to rights-of-way, stormwater management systems, and sewer systems.

F.

Incorporation of sustainable development techniques, such as meeting the highest requirements of LEED or LEED-equivalent rating systems and other sustainable initiatives listed elsewhere in this ordinance as "encouraged", such as green roofs, solar panels, and bird-friendly glass.

G.

Provision of a variety of housing types, sizes, and styles with a specific emphasis on housing types identified in the Comprehensive Plan for the geographic area in which the planned unit development is located.

H.

Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act (ADA).

I.

Any other improvements recommended by the Planning and Zoning Commission.

A.

Expiration of Preliminary Plan Approval. Preliminary plan approval will expire and be revoked if a complete application for the final plan has not been approved within one year after approval of the preliminary plan by the City Council.

B.

Expiration of Final Plan Approval. Final plan approval for a planned unit development will expire and be revoked if a building permit has not been applied for within one year after approval of the final plan by the City Council.

C.

Extension of Approval. The applicant may extend the time limit in this Section 5.08 by submitting a written request filed with the Zoning Administrator no later than 60 days prior to the expiration of the period. The Zoning Administrator will decide whether to grant or deny the applicant's request no later than 21 days after receipt of the applicant's written request.