Planned development regulations allows for large-scale development of innovative design by permitting some relaxation of the requirements of the underlying zone district regulations and of the subdivision regulations. A planned development is a conditional use that may be granted by the Village Board should it determine that the planned development is in the best interest of the Village and complies with all the standards established in this Chapter. The Plan Commission and Village Board may require any reasonable condition or design consideration that will promote proper development or benefit to the community. The planned development should provide amenities not otherwise required in this Ordinance and establish facilities and open space greater than the maximum required in this Ordinance. It is not intended that the Board automatically grant the maximum use exceptions or density premiums in the case of each planned development. The Plan Commission shall recommend and the Board grant only such premiums or latitudes that are consistent with sound land use planning, Village growth policy, accrue benefits to the Village and which preserve the basic high quality single- family character of the Village of Western Springs.

As a condition of approval, each planned development must be compatible with the character and objectives of the zoning district or districts within which it is located, and each planned development shall be consistent with the official planning policies of the Village of Western Springs.

As specified in this Ordinance, planned developments shall be considered conditional uses in those zoning districts in which they are allowed. Every planned development shall conform to the intent and the character of the zoning district in which it is located. A planned development is not a vehicle to achieve a zoning change. (Ord. 92-1855, 12-14-1992)

The intent of the planned development option is to:

   A.   Afford greater choice in the types of development available to the public by allowing a development that would not be possible under the strict application of the other requirements of this Ordinance;

   B.   Allow for a more creative approach to the use of land and related physical facilities that results in better development, design and the construction of aesthetic amenities;

   C.   Promote preservation of common open space and provide more usable and suitably located recreation areas and facilities;

   D.   Encourage a pattern of development to preserve natural vegetation, topographic and geographic features; and architectural and historic landmarks;

   E.   Permit an efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds, and buildings, and other facilities; and

   F.   To encourage the use of land which promotes the public health, safety, comfort, morals and welfare. (Ord. 92-1855, 12-14-1992)

The following guidelines will be used by the Plan Commission and Village Board to evaluate the suitability of proposed planned developments. These guidelines represent sound planning principles which the Village thinks should be incorporated into planned developments. However, it is not intended that each and every one of these guidelines be rigidly conformed to, provided that just cause for any departure from these guidelines is demonstrated.

   A.   The planned development should be compatible with the character of the underlying zoning district in which it is located.

   B.   The planned development should be consistent with the official planning policies and the Official Land Use Plan of the Village.

   C.   The planned development should preserve the value of the surrounding residential area.

   D.   Any unusual physical, topographical or historical features of the site of the planned development which are of importance to the people of the area or the community should be preserved.

   E.   The minimum area of a planned development should be five (5) acres.

   F.   Yards along the periphery of a planned development should be compatible with the yards of the adjacent properties. (Ord. 92-1855, 12-14-1992)

   A.   Use Exceptions: Uses not allowed in the regulations of the underlying districts may be permitted in planned developments provided:

      1.   Proposed use exceptions enhance the quality of the planned development and are compatible with the primary uses.

      2.   Proposed use exceptions are not of a nature, nor are located so as to create a detrimental influence on the surrounding properties.

      3.   Proposed use exceptions shall not represent more than forty percent (40%) of the site area or more than forty percent (40%) of the total floor area, whichever is less. However, in a residential planned development area no more than ten percent (10%) of the site area or a total floor area whichever is less, shall be devoted to commercial use, and provided that such commercial use is integral to the nature of the planned development.

      4.   No industrial use shall be permitted.

   B.   Site Design Regulations:

      1.   Exceptions From District Regulations: To help achieve the intended benefits of a planned development, exceptions from the regulations of the underlying district may be authorized, provided that:

         a.   Such exceptions are solely for the purpose of promoting a better development that will be beneficial to the residents or occupants of the planned development as well as those of surrounding properties.

         b.   In residential planned developments, the maximum number of dwelling units allowed shall not exceed by more than forty percent (40%) of the number of dwelling units permitted in the underlying zoning district.

         c.   The area of open space provided in a planned development shall be at least twenty five percent (25%) more than that required in the underlying zoning district.

         d.   Along the periphery of such planned developments, yards shall be provided as required by the regulations of the underlying zoning district.

         e.   Building height shall not exceed thirty five feet (35') except that utilization of a building existing on the site which is taller than thirty five feet (35') shall be permitted. (Ord. 92-1855, 12-14-1992)

      2.   Sidewalks Required: Concrete sidewalks shall be installed as part of all planned developments in accordance with the provisions of sections 8-2-1 and 9-13-6 of the village code. As an alternative to concrete sidewalks, sidewalks may be constructed of brick pavers or similar materials when authorized by the village board as part of a planned development. The plan commission shall recommend and the village board shall approve the type of pedestrian circulation system and the construction materials (concrete sidewalk or brick pavers or similar materials) appropriate for the planned development. (Ord. 04-2304, 6-28-2004)

The administrative procedures for the review and approval of planned development applications are set forth below:

   A.   Preapplication Conference: Prior to filing a formal application for approval of a planned development, the developer shall schedule a preapplication conference with the village manager. At this conference:

      1.   The developer presents his general concept for the proposed development in accordance with subsection 10-8-8A of this chapter.

      2.   The village manager and/or village staff informs the developer of applicable plan policies and standards.

   B.   Preliminary Plan: The preliminary plan of the planned development shall be filed with the village manager, who shall in turn forward copies to the secretary of the plan commission for distribution to members of the plan commission. A public hearing shall be held by the plan commission to review the proposed planned development and receive public comment. Procedures for the preliminary plan stage shall consist of the following:

      1.   Submission Materials: The petitioner shall prepare and submit plans and documents in conformance with the requirements of subsection 10-8-8B of this chapter.

      2.   Public Review Of Submissions: Submission materials shall be filed for review and inspection by other government bodies and the general public.

      3.   Village Review Of Submission: The plan commission shall review the proposed planned development requesting recommendations on the proposal from the appropriate village commissions and staff.

      4.   Public Hearing: Within sixty (60) days of receipt of the preliminary plan, the plan commission shall hold a public hearing in accordance with the provisions of the state statutes for public hearings. Notice of the hearing shall be published not more than thirty (30) days nor less than fifteen (15) days before said hearing in one or more newspapers within a general circulation area of the village of Western Springs.

      5.   Plan Commission Findings: Within ninety (90) days of the close of the public hearing the plan commission shall prepare findings of fact and recommendations which shall be forwarded to the village board.

      6.   Village Board Action: Within sixty (60) days from receipt of the plan commission report the village board shall subsequently either approve, disapprove or approve with conditions the planned development. If approved or approved with conditions, a schedule for submission of the final plan shall then be established.

      7.   Recording Of Preliminary Plan: Following approval of the preliminary plan, the preliminary plan documents shall be duly recorded with the village clerk. (Ord. 92-1855, 12-14-1992)

      8.   Changes In A Preliminary Plan: Changes to an approved preliminary plan shall be made as follows:

         a.   Major changes require the submission of a new preliminary plan and supporting data in accordance with the requirements of this subsection B and subsection 10-8-8B of this chapter, unless the village board, after considering the recommendation of village staff, finds that a new preliminary plan or supporting data is not required for a major change to a particular project and the village board passes an ordinance by a majority vote that waives the submission requirements or waives one or more of the submittals required under this subsection B and subsection 10-8-8B of this chapter. Major changes are those which alter the concept or intent, increase the density, increase building coverage, decrease the separation between buildings, change the uses of the site, increase building height, reduce open space, change by more than fifteen percent (15%) the proportion of housing types, change road standards or locations, change sewer, water, or electrical utilities, change proposed drainage, change the final governing agreements of the planned development, or change the development schedule by more than six (6) months. (Ord. 04-2304, 6-28-2004)

         b.   Minor changes to an approved preliminary plan shall not be required to submit a new preliminary plan but shall be required to identify the minor changes on the final plan document. Minor changes are those which are not major.

   C.   Final Plan: The final plan shall be submitted to the village manager not later than three hundred sixty five (365) days (or such time as the village board may approve from time to time) following approval of the preliminary plan or resubmittal of the preliminary plan in accordance with subsection 10-8-8B of this chapter shall be required. The preliminary and final plans may be submitted simultaneously if all requirements of this ordinance are met. If submitted separately, the final plan shall conform substantially with the approved preliminary plan. The procedure for the final plan stage is as follows:

      1.   Final Plan Submissions: The petitioner shall prepare and submit plans and documents in conformance with the requirements of subsection 10-8-8C of this chapter.

      2.   Construction Schedule: A written construction schedule shall accompany the submission documents and will be part of the final plan approval.

      3.   Staff Review: Within sixty (60) days village staff shall conduct a review of the submission documents and forward their recommendations to the village board.

      4.   Village Board Action: Following staff review, the plan commission shall review the final plan and shall return its recommendation to the board within forty five (45) days. The village board will then either approve or disapprove the final plan within forty five (45) days. A copy of the village board resolution approving or denying the final plan will be filed with the office of the village clerk. (Ord. 92-1855, 12-14-1992)

   D.   Changes In The Planned Development: The development of a planned development shall be in conformance with the approved and recorded final plan documents and all supporting data. The approved documents shall be binding on the applicants and their successors, grantees and assignees and shall limit and control the use, improvement and development of the planned development as set forth therein. Changes in final plan documents are subject to the following restrictions:

      1.   Authorized Administrative Changes: The approved final plan may be altered to change the location of buildings or platted lot lines that do not increase density, or increase the overall building coverage on the altered lots, or decrease the separation between buildings beyond the minimum allowable setbacks, and the final plan may also be altered to allow minor changes to the geometric locations of portions of streets and parking lots, provided the proposed changes do not alter the concept or intent, as approved by the director of community development when such changes are requested pursuant to obtaining a building permit. However, such changes shall not decrease a peripheral yard or peripheral open space.

      2.   Minor Changes In A Final Plan: A final plan may be changed, subject to village board approval, without modifying the preliminary plan, provided the proposed changes do not alter the concept or intent, increase the density, increase building coverage, decrease the separation between buildings beyond the required setbacks, change the uses of the site, increase building height, reduce open space, change by more than fifteen percent (15%) the proportion of housing types, change road standards or locations, change sewer, water or electrical utilities, change proposed drainage, change the final governing agreements of the planned development, or change the development schedule by more than six (6) months.

      3.   Major Changes In A Final Plan: Changes other than those listed above require the resubmission and approval of a revised final plan followed by submission and approval of revised final plan materials, unless the village board, after considering the recommendation of village staff, finds that a submission of one or more of the final plan submissions is not required for a major change to a final plan and the village board passes an ordinance by a majority vote that waives the submission requirements or waives one or more of the submittals required under subsection 10-8-8C of this chapter. (Ord. 15-2794, 3-23-2015)

The village board may declare the approval of a planned development revoked if construction falls one year behind schedule or is ahead of schedule by one year. The developer of the development shall be notified prior to any revocation. Notification by registered or certified mail shall be considered adequate notice. Extensions in the construction schedule may be granted by the village board. (Ord. 92-1855, 12-14-1992)

The petitioner shall record a copy of the approved final plan with the county recorder of deeds. Proof of such recording shall be required prior to the issuance of a building permit. (Ord. 92-1855, 12-14-1992)

Required plans and documents for each step of the planned development process are set forth below:

   A.   Preapplication Stage:

      1.   A written letter of intent from the petitioner describing his intention for developing the site.

      2.   A topographic survey and location map.

      3.   Sketch plans describing proposed land use(s), dwelling type(s) and density, if applicable, street and lot arrangement, and tentative lot sizes.

      4.   Tentative proposals regarding site improvements such as water and sewer utilities, surface drainage, open space and other public facilities and street improvements.

      5.   Statement of ownership of all land within the proposed planned development.

      6.   Other materials that may be requested by the village.

   B.   Preliminary Plan Stage: Required submission materials for the preliminary plan stage are outlined below. The village board may modify and/or reduce the required submission materials for any proposed planned development by resolution upon request of the petitioner and after receiving the recommendation of the village manager. The village manager shall inform the petitioner in writing of any such modification or reduction.

      1.   Project Identification And Description: The following information is required on the drawings submitted with the preliminary plan:

         a.   Proposed name of development (not duplicating the name of any plat recorded in Will, Cook, or DuPage County).

         b.   Names and addresses of the owner, subdivider, or developer having control of the tract; name and seal of registered engineer and/or surveyor; and the name and address of the site planner.

         c.   Graphic (engineering) scale not smaller than one inch equals fifty feet (1" = 50').

         d.   Northpoint, designated as true north.

         e.   Date of preparation of original drawing and the date of any revisions.

      2.   Existing Conditions: The following data/materials shall be submitted relevant to existing site conditions:

         a.   A current plat of survey (boundary survey) prepared by a land surveyor registered in the State.

         b.   A legal description of the site.

         c.   Existing zoning districts and current use of land on the site and on adjacent property within one-half (1/2) block or four hundred feet (400') of the subject site.

         d.   All existing or previously platted streets on the site, or on adjacent property within one hundred feet (100') of the site, indicating their location, width, sidewalks, curbs and gutters, culverts, center line elevation and name.

         e.   Other rights of way, including railroads, utility ROWs and drainage ways, and showing existing improvements, if any.

         f.   Existing permanent buildings and structures on the site, or on adjacent property within fifty feet (50') of the site.

         g.   Utilities on the site, and on adjacent property within one hundred feet (100') of the site, indicating: the location, size and invert elevations of storm and combined sewers; the size and location on sanitary sewers; the size and location of water mains; the location of fire hydrants; the direction and distance to the nearest usable water mains and sewers; and the location of private utilities such as gas, electric, and telephone lines and easements.

         h.   A community location map, drawn at a scale of not less than one inch equals one thousand feet (1" = 1,000'), showing the site boundary lines and the ownership of adjoining unsubdivided or subdivided land within an area bounded by the nearest arterial streets or other natural boundaries and identifying types of uses of surrounding land and showing alignments of existing streets.

         i.   Topographic data for the site and adjacent property within one hundred feet (100') of the site, consisting of existing contours at one foot (1') vertical intervals.

         j.   Hydrologic conditions including watercourses, flood plains, and wetlands.

         k.   Existing vegetation on the site including trees of twelve inch (12") diameter or more.

         l.   Soil conditions obtained from soil bearing data taken at locations and depths as may be required by the Village Engineer.

         m.   Locations of or reference to existing monuments or survey markers used in preparation of survey and the grade elevation of each monument and marker.

         n.   Planned or proposed public improvements including highways and public buildings planned for construction on or near the site.

         o.   Other existing conditions data as may be required by the Plan Commission or the Village Board.

      3.   Project Design Features: Plans, drawings and other material which indicate the design of buildings, streets, landscaping, engineering and other project improvements shall be provided as required below. The submission material described below notwithstanding, all required improvements shall be made in accordance with the standards and specifications contained in Chapter 10 of this Ordinance, unless the Village Board, with the advice of the Village Engineer, authorizes specific relief from them.

         a.   A detailed site plan indicating:

            (1)   Layout of streets and pedestrian ways showing right of way and pavement widths, street names (not duplicating the name of any street used in the Village or its environs, unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development.

            (2)   Layout, numbers, and typical dimensions of any subdivided lots and building locations to the nearest foot; and the proposed land use for each lot, parcel or tract.

            (3)   Proposed building setback lines, indicating dimensions.

            (4)   All proposed buildings, indicating their use, height and number of units or floor area.

            (5)   Areas other than street right of way intended to be dedicated or reserved for open space or other public use and showing the approximate area in acres of parcel.

            (6)   Site plan data shall be compiled to identify: net site area; total number of dwelling units; project density; total floor area; floor area ratio; ground coverage of buildings; impervious surface coverage; maximum building height; numbers of buildings by building type; number of parking spaces required and provided; and subcategories of data for each type of land use within the development.

            (7)   Sidewalks and pedestrian trails.

         b.   A grading plan at one foot (1') contour intervals indicating proposed site grading and areas to be provided for any storm water detention requirements.

         c.   A preliminary facilities plan indicating the feasibility of providing utility service to the site via water mains, sanitary, and storm sewers, and storm water detention facilities.

         d.   The design of all project signage, including project marketing signage.

         e.   A preliminary landscape plan indicating the location, number and desired effect of proposed landscaping. Plant material may be described in terms of categories of plants such as "shade trees", "evergreen trees" and "shrub masses" rather than specific plant species.

         f.   Architectural plans, preliminary sketches and renderings for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development.

         g.   Site lighting plan.

         h.   A sediment and erosion control plan indicating plans to control erosion and sedimentation on and adjacent to the site.

      4.   Other Requirements: Applications for planned developments shall also include the submission of the following:

         a.   Fiscal impact study comparing the projected tax revenue generated by the project and the added costs for services as they will affect local government jurisdictions.

         b.   School impact study indicating the number of new students generated by the project. This information will be used in the fiscal impact study above to determine the project's impact on local school districts.

         c.   Traffic impact study indicating the daily and peak traffic generation and the impact of this added traffic on existing local traffic patterns. This traffic study shall also evaluate the adequacy of the internal street system.

         d.   Market study to evaluate the economic feasibility of the proposed development, including market acceptance of the proposed development products, competitive alignment and market absorption. The market study shall be prepared by a qualified, independent market research firm.

         e.   A construction activities plan indicating how construction activity will be controlled by addressing contractor ingress/egress, construction parking, street cleaning and pest control.

         f.   Financial information including: a copy of lender's commitment; MAI appraisals on the existing site and after development completion; certificate of no delinquent taxes; and financial pro forma.

         g.   Proposed covenants to govern the use and maintenance of the development and ensure the continued observance of the provisions of the planned development.

         h.   A narrative description of the planned development describing: the intent and desired effect of the development; the manner in which the development has been planned to take advantage of the flexibility of the planned development regulations; the superior benefits that would accrue to the residents/users of the development; all relief sought from the standard application of district requirements in conjunction with the project.

         i.   Proof of ownership and/or control of the site.

         j.   Notification list for public hearing comprised of all adjacent land owners, existing owners of record of the subject site, and other persons as may be added by the Village.

         k.   A development schedule indicating:

            (1)   A description of the stages in which the project will be built including the public facilities to be constructed in each stage, the density and/or floor area of buildings, open space, and the mix of uses in each stage.

            (2)   The approximate dates of the beginning and end of each stage.

            (3)   The area and general content of each stage shall be shown on a plat and supporting graphic material.

         l.   Submission and approval of all applicable plans and materials required in Chapter 11 of this Ordinance, "Flood Plain and Storm Water Management".

   C.   Final Plan Stage: The final plan shall be accurately drawn in ink on material capable of producing clear and legible contact prints or photostatic copies and shall show the following:

      1.   Identification And Description:

         a.   Name of developer.

         b.   Street names.

         c.   Location by section, township, and range by legal description.

         d.   Graphic (engineering scale be 1 inch to 100 feet).

         e.   Northpoint, designate as true north.

      2.   Planned Development Plat: The developer shall prepare a final, detailed land use and zoning plat, suitable for recording with the County Recorder of Deeds. The purpose of the planned development plat is to designate with particularity the land subdivided into conventional lots, as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure as well as of the land in general. The final planned development plat and supporting data shall include the following:

         a.   All information for final plat as required in Chapter 10 of this Ordinance.

         b.   Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details; center line elevations; pavement type; curbs, gutters, culverts, etc.; and a street numbering designation shall be furnished for each building.

         c.   Common open space documents shall be provided indicating, at the election of the Village, that common open space shall be as follows:

            (1)   Conveyed to a municipal or public corporation; or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners, or any one or more of them; all lands conveyed under this subsection shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space.

            (2)   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 and/or both.

      3.   Final Landscape Plan: A final landscape plan shall be prepared in substantial conformance to the approved preliminary landscape plan. The form and content of the final landscape plan shall conform to the requirements of Part III of Chapter 4 of this Ordinance. (Ord. 92-1855, 12-14-1992)