(a)

Statement of Intent. The intent of the planned unit development ("PUD") approval process is to promote the maximum benefit from coordinated area site planning, by providing opportunities to maximize the economical and efficient use of land in ways that may not be possible under conventional zoning regulations. It is intended that planned unit developments established in the village provide a harmonious variety of uses and building types and a high level of amenities, in a manner that is consistent with plans for the area as set forth in the village of Wheeling's comprehensive plan. The procedure described in this Chapter is designed to give the developer initial plan approval before completing all detailed design work while providing the village with assurances that the project will retain the character envisioned at the time of initial approval.

(b)

Planned Unit Developments vs. Planned Developments. A planned unit development is a development which has received approval through the PUD approval process described within this Chapter. The village first adopted a PUD approval process on March 20, 1998 (Ordinance 3284). Prior to the adoption of a PUD approval process, many large multifamily residential developments were constructed in the village. These developments will be referred to as planned developments in this Title.

(c)

General Provisions.

(1)

Zoning Map Designators. All planned developments and planned unit developments shall be shown on the zoning map with an asterisk (*) and a number that corresponds to the table in Appendix C (Planned Unit Developments and Other Developments with Special Legislation).

(2)

Application of Title 17: Wheeling Planning, Subdivisions and Developments Ordinance. To the extent applicable, any PUD shall be subject to the procedures and regulations of the Wheeling Subdivision and Development Ordinance. However, these design standards and required improvements may be modified or waived upon recommendation by the plan commission and approval by the board of trustees where strict compliance would result in failing to achieve the design flexibility necessary to achieve the objectives of the PUD.

(3)

Locations Permitted. A PUD may be requested in the zoning districts listed in Appendix A (Use Table). If "planned unit development" is not specifically listed as a permitted or special use in a particular district, a petitioner must also request a rezoning of the property in conjunction with the request for PUD approval.

(d)

Types of Applications.

(1)

Concept Review and Workshop Discussion. This preliminary consultation with village staff and the board of trustees is mandatory prior to application for a planned unit development. See subsection (e)(2) of this section. Submittal requirements are detailed under subsection (e)(3) of this section. There is no formal approval associated with this type of application, though a new application must be submitted and reviewed if the concept is to be altered significantly prior to submittal of a preliminary or final PUD application.

(2)

Preliminary Planned Unit Development Approval. This step provides the village with an opportunity to review a well-developed initial plan for the entire site before granting final approval for any proposed planned unit development, while at the same time providing the applicant with an opportunity to receive formal preliminary approval before developing detailed plans for the site. Submittal requirements for preliminary approval are detailed under subsection (e)(4) of this section. Requires a public hearing. No significant changes to the PUD plan are expected following preliminary PUD approval.

(3)

Final Planned Unit Development Approval. Final planned unit development approval is required prior to construction. Submittal requirements are detailed under subsection (e)(5) of this section. Requires a public hearing in the following circumstances:

a.

If more than six months have elapsed between the preliminary PUD ordinance approval and the submittal of the final PUD application.

b.

If the final PUD plan is not in substantial conformance with the preliminary PUD plans.

(4)

Multi-phase Planned Unit Developments. A multi-phase PUD must first receive Preliminary PUD approval. Each phase may be submitted for final PUD approval separately.

(e)

Application Requirements.

(1)

Submittal Timeline. A complete preliminary or final planned unit development submittal package shall be delivered to the community development department for review a minimum of thirty days prior to the date at which the application is scheduled for any plan commission consideration. Seventeen sets of collated plans, eleven inches by seventeen inches in size, two oversize sets of collated plans, and seventeen copies of the written narrative are required.

(2)

Public Inspection. All preliminary and final PUD plans and related information shall be available for public inspection prior to any public meeting or hearing on the proposed project. All concept plans shall be available for public inspection following the initial village board review.

(3)

Application Requirements—Concept Review and Workshop Discussion.

(A)

The applicant is encouraged to provide as much information as is available at this stage of the process, although the submittal standards (below) are minimal. The staff consultation and workshop review are held to discuss the proposed request and review applicable local regulations, policies and land use implications. It is to the applicants advantage to provide any information that may assist in that discussion.

(B)

The following list constitutes the minimal submittal requirements prior to PUD concept review:

(i)

A "PUD Concept Plan." This written plan shall provide a description of the intended development concept, and identify any concerns related to the ability of the project to meet standards established under subsection (g) of this section.

(ii)

A vicinity map showing the boundaries of the tract to be included in the PUD, the territory within five hundred feet and proposed vehicular and pedestrian access points.

(iii)

A statistical sheet indicating the proposed number and type of buildings.

(iv)

A site plan showing the general location of proposed structures, open spaces, parking and circulation routes.

(v)

Pictures of the site and surrounding context.

(vi)

Other items as may be requested by village staff for submittal prior to the board of trustees' workshop session.

(4)

Application Requirements for Preliminary Planned Unit Development Approval. The following items shall comprise a complete submittal package for consideration of preliminary planned unit development approval. Village staff will create a checklist indicating receipt of the following documents. The staff checklist and a copy of each of the following documents will be forwarded for the review of the plan commission and the village board. An adequate number of copies of each document must be provided at each step of the review process. A public meeting to review the plans will not be scheduled unless and until each of the documents has been submitted.

(A)

A "Preliminary PUD Plan." This written plan shall provide a description of the intended development concept, and address how each of the standards outlined under subsection (g) of this section are to be met. The statement shall also make reference to any maps, site plans or other exhibits included in the submittal.

(B)

A statistical sheet indicating the following in square feet, acres and percentage of the total tract, where applicable:

(i)

Gross land area;

(ii)

Maximum amount of land covered by principal buildings and maximum amount of land covered by accessory buildings;

(iii)

Maximum amount of land devoted to parking, drives and parking structures;

(iv)

Minimum amount of land devoted to landscaped open space;

(v)

Maximum proposed dwelling unit density, if residential, and/or total square footage devoted to nonresidential uses;

(vi)

Proposed number of buildings;

(vii)

Maximum number of dwelling units per building;

(viii)

Bedrooms per unit;

(ix)

Number of motor vehicle and bicycle parking spaces provided, whether surface or in structures, and ratio per unit if residential, or thousand square feet of building area if nonresidential.

(C)

A vicinity map showing the boundaries of the tract included in the proposed PUD, the territory within five hundred feet of the tract, its proposed access, adjacent buildings and significant community facilities in the surrounding area.

(D)

A plat of survey showing the exterior boundaries, including a legal description of the area of the proposed PUD plan tract.

(E)

A scaled plan showing existing conditions, including buildings, trees (five-inch caliper and greater) labeled by species, shrub groupings, wetlands, areas of severe topographic changes and other site features with an indication of whether they are to be retained, removed or altered.

(F)

A site plan showing the general location of proposed structures and a description of their intended use and approximate height, open spaces, setback dimensions and buffers adjacent to the boundaries of the tract and from existing or proposed public rights-of-way, pedestrian and vehicular circulation systems, parking areas and loading facilities.

(G)

A general narrative description of sign standards, including number, type and size of signs, as well as their proposed locations.

(H)

A preliminary landscaping plan including all buffers and parking lots.

(I)

Pictures of the Site and Surrounding Context. These pictures may be submitted as photographs, scanned images or in a digital format, but shall not exceed eight and one-half by eleven inches.

(J)

Any additional materials that may be required by staff related to the requirements of Title 17, Subdivisions and Developments, including but not limited to documentation of environmental conditions, a preliminary plat of subdivision, and a traffic study.

(K)

A preliminary list of the variations from the underlying zoning that would likely be required to construct the PUD as proposed.

(L)

Preliminary elevations for each building (or representative elevations for projects with multiple buildings of the same design, height, and proposed use), including labels for the proposed building materials.

(M)

Preliminary engineering plans including the following: general location and dimensions of proposed stormwater management facilities, general location of proposed utilities, and engineering calculations to support the preliminary plans.

(N)

Samples of the primary proposed building materials (brick, siding, stone, etc.).

(5)

Application Requirements for Final Planned Unit Development Approval. The following items shall comprise a complete submittal package for consideration of a final PUD plan. Village staff will create a checklist indicating receipt of the following documents. The staff checklist and a copy of each of the following documents will be forwarded for the review of the plan commission and the village board. An adequate number of copies of each document must be provided at each step of the review process. A public meeting to review the plans will not be scheduled unless and until each of the documents has been submitted.

(A)

A "Final PUD Plan." This written plan shall provide a full description of the intended overall development plan, and address how each of the standards outlined under subsection (g) of this section are to be met. The statement shall also make reference to any maps, site plans or other exhibits included in the submittal.

(B)

A statistical sheet indicating the following in square feet, acres and percentage of the total tract, where applicable:

(i)

Gross land area;

(ii)

Land covered by principal buildings;

(iii)

Land covered by accessory buildings;

(iv)

Land devoted to parking, drives and parking structures;

(v)

Land devoted to landscaped open space;

(vi)

Proposed dwelling unit density, if residential, and/or total square footage devoted to nonresidential uses;

(vii)

Proposed number of buildings;

(viii)

Dwelling units per building;

(ix)

Bedrooms per unit;

(x)

Parking spaces provided for motor vehicles and bicycles, whether surface or in structures, and ratio per unit if residential, or per thousand square feet of building area if nonresidential.

(C)

A vicinity map showing the boundaries of the tract originally included in the preliminary PUD plan, the territory within one thousand feet of the tract, its proposed access, adjacent buildings and significant community facilities in the surrounding area.

(D)

A plat of survey showing the exterior boundaries, including a legal description of the area of the proposed PUD plan tract.

(E)

A scaled plan showing existing conditions, including buildings, trees (five-inch caliper and greater), shrub groupings, wetlands, areas of severe topographic changes and other site features with an indication of whether they are to be retained, removed or altered.

(F)

A site plan showing the location of proposed structures and a description of their intended use and height, all open spaces, setback dimensions, buffers, pedestrian and vehicular circulation systems, parking lots, structures and garages (with the number of spaces in each), loading facilities, and refuse collection facilities.

(G)

A site grading plan indicating existing and proposed topography at two foot contour intervals showing how positive runoff of surface waters will be achieved and the means by which ultimate disposal of the development's surface waters will be accomplished. Prior to scheduling a public meeting to review the final PUD plan, the village engineering department must affirm in writing that the proposed plan is realistic and that no significant modifications to the site plan or surface water management plan will be required. The engineering department will prepare a checklist that indicates submittal and review of all required documentation, including but not limited to the engineering plans, supporting calculations, and proof of submittal to outside agencies.

(H)

A utility plan showing the proposed location of storm and sanitary sewers, water mains and laterals, parking and roadway storm inlets and elevations. Prior to scheduling a public meeting to review the final PUD plan, the village engineering department must affirm in writing that the proposed plan is realistic and that no significant modifications to the site plan or utility plan will be required. The engineering department will prepare a checklist that indicates submittal and review of all required documentation, including but not limited to the engineering plans, supporting calculations, and proof of submittal to outside agencies.

(I)

A landscape plan showing the location, number, size and type of all landscape and screening elements including parkway trees. Plant material shall be of a quality consistent with the standards of the American Association of Nurserymen (ANSI 260.1) and shall be suitable for the local climate and planting conditions.

(J)

Elevations of each side of the exterior of any new building or structure being proposed, including materials, building-mounted lights, downspouts, colors and window specifications. If the project is a rehabilitation of or an addition to an existing building, both existing and proposed elevations shall be provided if any exterior modification is proposed. Mechanical units, utility connections, and any associated screening must be clearly indicated (see subsection (g)(1)(J) of this section for requirements).

(K)

Plans showing the location, size and type of any existing and proposed signs. Detailed information about all proposed freestanding and wall signs, including the materials, proposed message and exact dimensions of each sign face, shall be provided. All proposed signage shall be subject to the provisions of Title 21.

(L)

Pictures of the Site and Surrounding Context. These pictures may be submitted as photographs, printed scanned images or in a digital format, but shall not exceed eight and one-half inches by eleven inches.

(M)

A list of the variations from the underlying zoning that would be required to construct the PUD as proposed.

(N)

A site lighting plan including a photometric plan with the location, fixture type, and fixture height for all site and building-mounted lighting. Fixture cut sheets shall be supplied.

(O)

Samples of all actual building materials to be used on the proposed buildings (brick, siding, metal, stone, accent materials, etc.). Any future modification of the materials due to lack of availability will be subject to the review of the plan commission.

(P)

A preliminary plat of subdivision.

(f)

PUD Application Review, Approval, and Post-Approval Modifications.

(1)

Approval Authority. The plan commission reviews applications for preliminary and final PUD approval, holds a public hearing, and makes a recommendation to the village board which has the authority to approve or deny the proposed PUD and the plans upon which it is based.

(2)

Mandatory Preliminary Consultation—Concept Review and Workshop Discussion.

(A)

Development Review Committee. Prior to review by the village board, applicants shall discuss the concept development plan with a staff committee with representatives from the village manager's office, planning division, building division, engineering division, public works department, fire department, and police department. The development review committee may require additional information, such as rough calculations for detention areas, prior to scheduling a review by the village board. The committee will provide a written recommendation to the board of trustees.

(B)

Village Board Workshop. The village board will hold a workshop discussion of the concept plan and consider the written recommendation of the development review committee. Any decision of the board of trustees during a workshop discussion is considered non-binding. The board may forward the concept plan to the plan commission, request modifications to the concept plan, or request that a new concept plan be prepared.

(C)

Plan Commission Workshop. Following a workshop discussion of the concept plan with the board of trustees, the applicant shall attend a workshop discussion with the plan commission. The plan commission shall review the project and consider the recommendation of the development review committee and the review by the board of trustees. If the concept plan is to be altered significantly prior to formal submittal of a preliminary PUD plan, the review process described in this section shall be repeated.

(3)

Phased PUD Approval. Following the mandatory preliminary consultation, a PUD may be approved as a multi-phase project as follows:

(A)

If actual development of the project is to proceed in phases over an extended period of time, the applicant shall first submit a preliminary PUD plan covering the entire tract. Separate final PUD plans shall then be submitted for each phase of development and shall follow the development concept established by the preliminary PUD.

(4)

Plan Commission Action.

(A)

Public Hearing and Plan Commission Review. The plan commission shall hold a public hearing, if required as noted in subsection (d) of this section, and review the application and supporting documents required for a preliminary or final PUD (subsection (e)(4) or (e)(5) of this section, respectively) within thirty days of receipt of the application and the submission of all required documents or as the schedule permits unless an extension is requested by the applicant. The plan commission shall base its recommendation upon:

(i)

Consistency with the comprehensive plan;

(ii)

Consistency with the purposes of this Chapter;

(iii)

Consistency with the recommendations of the board of trustees from the concept review and workshop discussion;

(iv)

Conformance with the standards set forth under subsection (g) of this section;

(v)

Findings and recommendations of village staff;

(vi)

All verbal and written comments received by the plan commission.

(B)

Plan Commission Report. After making a decision, the plan commission shall forward its recommendation to the board of trustees.

(5)

Board of Trustees Action. The board of trustees shall act on the application for a preliminary or final PUD within ninety days of receiving the report from the plan commission unless the applicant agrees to a time extension. Failure of the board of trustees to act within the ninety-day period or the agreed-upon extended time shall constitute denial of the application. Once the board of trustees passes the ordinance to approve the final PUD, the standards and provisions as established in the approved plans shall constitute the zoning regulations for that PUD.

(6)

Commencement of Project. After the board of trustees has approved the final PUD plans, construction of private and public facilities may commence in accordance with the following:

(A)

Approvals, Fees and Infrastructure Required. Building plans must be submitted to the building inspector for review and approval prior to issuance of any building permits. No building permit shall be issued until all applicable fees and assessments have been paid and either all infrastructure improvements have been completed and approved or a written developer's agreement has been approved. For staged development, such developer's agreements may provide for the construction of improvements and the use of common areas outside of the subject stage.

(B)

Expiration of Approval. After the board of trustees has approved the final PUD plans, the project shall be commenced within one year of the date of the approval ordinance unless the time is extended by ordinance by the board of trustees. In the event that construction has not commenced within one year and been actively pursued, the approval of the board of trustees shall be deemed to be automatically revoked.

(7)

Changes or Revisions to an Approved Planned Unit Development.

(A)

Submission. All proposed changes, revisions, and additions to any aspect of an approved planned unit development shall be submitted to the community development department for review. Please see Appendix C for a list of all approved PUDs. Minor construction changes that do not alter the footprint or interior of the building may be approved by village staff provided that the plan commission and board of trustees are informed of the change. All other changes shall be forwarded to the plan commission who shall determine if the change, revision, or addition is minor or substantial.

(B)

Minor Changes. The plan commission may recommend that the board of trustees approve minor changes without a public hearing provided that the final PUD plan remains consistent with the spirit and intent of the preliminary PUD or a previously approved final PUD and that the modification will not:

(i)

Change the general character of the planned development;

(ii)

Cause a substantial relocation of principal or accessory structures;

(iii)

Cause a substantial relocation or reduction of parking, loading or recreation areas;

(iv)

Cause a substantial relocation of traffic facilities;

(v)

Increase the land coverage of buildings and parking areas;

(vi)

Increase the gross floor area of buildings or the number of dwelling units;

(vii)

Reduce the amount of approved open space, landscaping or screening.

(C)

Substantial Changes. If the requested change is determined by the plan commission to be substantial, a public hearing shall be held by the plan commission to review and pass its findings to the board of trustees who has the authority to approve or deny the request.

(8)

Changes or Revisions to a Planned Development.

(A)

Submission. All proposed changes, revisions, and additions to any aspect of a planned development shall be submitted to the community development department for review. Please see Appendix C for a list of all approved planned developments. Minor construction changes that do not alter the footprint or interior of the building may be approved by village staff provided that the plan commission and board of trustees are informed of the change. All other changes shall be forwarded to the plan commission who shall determine if the change, revision, or addition is minor or substantial.

(B)

Minor Changes. The plan commission may recommend that the board of trustees approve minor changes through the site plan approval process (Chapter 19.12) without a public hearing provided that the development remains consistent with the spirit and intent of the original approved plans and that the modification will not:

(i)

Change the general character of the planned development;

(ii)

Cause a substantial relocation of principal or accessory structures;

(iii)

Cause a substantial relocation or reduction of parking, loading or recreation areas;

(iv)

Cause a substantial relocation of traffic facilities;

(v)

Increase the land coverage of buildings and parking areas;

(vi)

Increase the gross floor area of buildings or the number of dwelling units;

(vii)

Reduce the amount of approved open space, landscaping or screening.

(C)

Substantial Changes. If the requested change is determined by the plan commission to be substantial, the project shall follow the PUD approval process described within this Chapter.

(g)

Standards and Conditions for Use, Design and Maintenance.

(1)

Use and Design Standards for all Planned Unit Developments. Every PUD shall meet the following standards:

(A)

Uses. Permitted, special and accessory uses for each PUD shall be specified in the preliminary PUD application. Residential use may be proposed for any planned unit development. Nonresidential uses shall be consistent with the uses permitted in the underlying zoning district (see Appendix A, Use Table). With the exception of planned unit developments in an R-4 district, a mix of different uses within a PUD may be permitted if the plan commission and the board of trustees determine that the mix of uses is compatible and necessary to achieve the objectives of the PUD. Any additions or exceptions to the specified uses in those districts shall be specified at the time of preliminary PUD review and approval.

(B)

Number of Buildings on a Lot. The PUD may allow more than one building on a lot.

(C)

Density. The PUD may permit the grouping of dwelling units in one or more locations within the total site, however residential density for the site as a whole shall be consistent with that specified in the village's comprehensive plan.

(D)

Minimum Area. The minimum lot area for a PUD is one acre, which may consist of one or more contiguous parcels.

(E)

Space Between Structures. Spaces between structures shall not be less than required by the building code.

(F)

Setbacks. The dimension of setbacks and limitations on their use in each PUD project shall be based on the regulations for the underlying zoning district. Variations to zoning regulations are often required to facilitate the construction of a planned development and will be established during the development review and approval process. When establishing the appropriate setbacks, explicit consideration will be given to existing conditions and proposed building heights. The plan commission may recommend and the village board may require that setback areas be landscaped and used only for recreation, utility rights-of-way, sidewalks, ponds, water detention basins and drainage channels. It may also be specified that setback areas are not to be used for parking or driveways except as they are used to provide direct access to the development.

(G)

Circulation, Parking and Loading. Adequate pedestrian and vehicular access shall be provided into and throughout the development. Parking and loading facilities shall be located near the uses they support and shall be adequately screened and landscaped in a manner which meets or exceeds the requirements of this Title. Private streets are not permitted.

(H)

Landscaping. All required vegetation shall be of a quality consistent with the standards of the American Association of Nurserymen (ANSI 260.1). All required vegetation shall be maintained on an ongoing basis, including seasonal tree and plant replacement.

(I)

Lighting. See Section 19.11.040 of this Title for lighting regulations.

(J)

Utilities and Mechanicals.

(i)

Mechanical, electrical, communications and service equipment, including meters, shall be located inside the building whenever possible. Any roof- or wall-mounted equipment, including piping, shall be screened on all sides from public view by parapets, walls, or other approved means. Utility meters, gas regulator valves and the like shall not be placed on the street side of any building.

(ii)

All ground level mechanical, electrical and transformers, communications and service equipment shall be screened with either plantings or a durable noncombustible enclosure which are unified and harmonious with the overall architectural theme of the building while meeting utility provider standards for location and maintenance.

(iii)

All utility lines shall be installed underground. Transformers and substations shall be installed within buildings or otherwise screened from view.

(K)

Signs. All signs in the PUD shall be included as part of the PUD application and are subject to the provisions of Title 21.

(L)

Establishment of an Owners' Association. Should a PUD include multi-family residential property where property will be held in common ownership, the petitioner shall indicate the manner in which a single owners' association will be established. This shall include, but is not limited to, the proposed declaration of covenants and restrictions, articles of incorporation, and association by-laws.

(2)

Use and Design Standards for PUDs and Planned Developments Established Prior to the Effective Date of this Title. All PUDs and other planned developments established prior to the effective date of this Title are subject to the standards established for the project at the time of their adoption. Any redevelopment or expansion of an existing planned unit development will require review as described in subsection (f)(7) of this section. Any redevelopment or expansion of an existing planned development will require review as described in subsection (f)(8) of this section.

(3)

Conditions and Restrictions. PUDs shall be subject to the following conditions and restrictions:

(A)

The plan commission may recommend and the board of trustees may adopt, by ordinance, conditions and restrictions for PUDs that specify permitted uses, set bulk regulations and density standards for lot coverage and dwelling unit size and distribution and yard setbacks.

(B)

Conditions and restrictions adopted to govern any PUD may include nonstandard or nonuniform requirements, regulations, and provisions recommended by the plan commission and approved by the board of trustees. Such nonstandard requirements, regulations and provisions shall be designed to insure proper development and appropriate operation and maintenance of specific sites.

(C)

The developer(s) shall enter into a written developer's agreement with the village to comply with all applicable laws and regulations, including any conditions and restrictions adopted to regulate a specific PUD, and to assure the construction of all facilities and infrastructure associated with the project.

(4)

Maintenance Standards. All projects are subject to the following maintenance requirements:

(A)

Failure to Perform Maintenance. Should the owner(s) of a PUD fail to adequately perform maintenance functions such as snow and ice removal, weed cutting, or trash disposal, the village shall have the right, but not the duty, to perform such functions or to contract for their accomplishment at the property owner's expense.

(B)

Failure to Prevent Nuisance. Should the owner(s) of a PUD fail to properly operate or maintain the business or premises to the extent that a nuisance is caused to occupants or neighbors, or constitutes a nuisance to nearby properties, the board of trustees may refuse to approve subsequent stages of development until such time as they determine that the situation and/or the method of operation has been corrected.

(Ord. 4331 § G, 2008; Ord. 4220 § A (part), 2007; Ord. 4018 § A (part), 2005)

(Ord. No. 4491, § C, 1-4-2010)