The purpose of the regulations, standards, and criteria contained in this Chapter is to provide an alternate procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this Chapter. The objective of the planned development process is to accommodate a higher level of design and amenity than is possible to achieve under otherwise applicable UDO regulations. The end result can be a product which fulfills the objectives of Village plans and policies, including but not limited to the Comprehensive Plan, while departing from the strict application of the regulations of this UDO. The planned development is intended to permit and encourage such flexibility and to accomplish the following purposes:

   (A)   To promote long term planning pursuant to the Village of Willowbrook Comprehensive Plan and other relevant plans and Village policies.

   (B)   To stimulate creative approaches to the commercial, residential, and mixed-use development of land.

   (C)   To provide more efficient use of land.

   (D)   To preserve natural features and provide open space areas and recreation areas in excess of that required under this UDO.

   (E)   To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.

   (F)   To unify buildings and sites through design. (Ord. 23-0-05, 1-23-2023)

   (A)   The following may be approved as a planned development in accordance with this UDO:

      1.   Any development containing solely residential uses on a lot or lots two (2) acres or more in area.

      2.   Any development containing nonresidential uses on a lot or lots ten thousand (10,000) square feet or more in area.

      3.   Any development containing nonresidential uses that would result in ten thousand (10,000) square feet or more of gross floor area.

   (B)   Each planned development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a planned development solely upon an already existing planned development.

   (C)   The burden of providing evidence and persuasion that any planned development is necessary and desirable shall rest solely with the applicant. (Ord. 23-0-05, 1-23-2023)

   (A)   A planned development, if approved, shall be applied as special use, and all base district designations shall be maintained.

   (B)   A planned development, if approved, may allow for modifications to the base district standards. All such modifications shall be referred to as site development allowances.

   (C)   Notwithstanding any limitations on variations which can be approved as contained elsewhere in this UDO, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the planned development application and demonstrates how each site development allowance:

      1.   Would be compatible with surrounding development;

      2.   Is necessary for proper development of the site; and

      3.   Is aligned with a minimum of one (1) of the modification standards detailed in Section 9-8-04.

   (D)   All approved site development allowances shall be delineated in the ordinance approving the planned development and shall be considered the standards of the planned development overlay district as it applies to the subject property. (Ord. 23-0-05, 1-23-2023)

An applicant seeking a site development allowance shall be required to justify each request through the provision of tangible benefits to the Village of Willowbrook by meeting a minimum of one (1) of the modification standards detailed below per requested site development allowance.

   (A)   Landscape Conservation And Visual Enhancement: The planned development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms.

   (B)   Sustainable Design: The planned development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, and landscaping design capable of reducing energy consumption and improving onsite stormwater management.

   (C)   Public Gathering Space: The planned development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string or Tivoli lights, and/or other features. The public gathering space is integrated into the overall design of the planned development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character.

   (D)   Placemaking: The planned development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc.

   (E)   Universal Design: The planned development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds.

   (F)   High Quality Building Materials: The planned development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO. (Ord. 23-0-05, 1-23-2023)

The following standards for review shall be utilized in the review of a planned development application as a whole, including any requested site development allowances and the modification standards proposed to justify those requests. No application for a planned development shall be approved unless the Village Board finds that the application meets all of the following standards:

   (A)   Plan And Policy Alignment: The planned development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the Village.

   (B)   Integrated Design With Identifiable Centers And Edges: The planned development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.

   (C)   Public Welfare: The planned development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.

   (D)   Compatibility With Adjacent Land Uses: The planned development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties.

   (E)   Impact On Public Facilities And Resources: The planned development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The planned development shall include such impact fees as may be reasonably determined by the Village Board. These required impact fees shall be calculated in reasonable proportion to the impact of the planned development on public facilities and infrastructure.

   (F)   Archaeological, Historical Or Cultural Impact: The planned development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development.

   (G)   Parking And Traffic: The planned development shall have or make provision to provide necessary parking, ingress, and egress to the proposed use in a manner that minimizes traffic congestion in the public streets and provides adequate access for emergency vehicles. (Ord. 23-0-05, 1-23-2023)

   (A)   Pre-Application And Sketch Plan Stage: Any owner or representative of land within or adjacent to the Village may submit to the Village Administrator or their designee a sketch plan setting forth the information required in the UDO Application Requirements Manual in order to obtain the views of the appropriate Village officials for the purpose of providing such owner and/or agent guidance in the development of their property under the terms of this chapter.

   (B)   Preliminary Plan And Plat Stage:

      1.   Following the sketch plan and preapplication stage, the owner or their representative, hereafter referred to as the applicant, shall submit to the Village Administrator or their designee a completed application, along with the requisite number of copies of the PUD plan, and associated preliminary (tentative) plat, containing such information and in such form as required UDO Application Requirements Manual. Upon determining that the application is complete, the Village Administrator or their designee shall forward a copy of said application to the Village Board.

      2.   The Plan Commission shall, after public notice, hold a public hearing on the application for a special use permit for the planned unit development, and after consideration of the public comment and based on the Standards for Review, recommend to the Village Board:

         (a)   Approval;

         (b)   Approval with modification; or

         (c)   Denial of the petition based on specific findings of fact.

      3.   The Plan Commission may call additional witnesses and/or receive independent testimony as they may deem necessary; and may continue said hearing from time to time in order to explore all outstanding questions and to achieve thorough findings of fact.

      4.   Notwithstanding any provisions contained herein to the contrary, should the Plan Commission not forward a recommendation to the Village Board within eighteen (18) months from the date of the public hearing, as a result of any action or inaction by the applicant, it will be necessary for the applicant to refile their application or an amended form of said application and follow the same procedure as required for a new application, including the payment of all required fees.

      5.   The Village Board shall receive the recommendation of the Plan Commission, and other recommendations of staff and officers as have been requested; and shall either:

         (a)   Approve;

         (b)   Approve with modification; or

         (c)   Deny the application.

      6.   If the Village Board elects to approve the application in any form, the Village Board may establish a special use within the ordinance.

      7.   If authorized in the ordinance granting the special use permit, a planned development may be final platted, planned and developed in phases.

      8.   Notwithstanding any provisions contained herein to the contrary, the Village Board shall not take final action on an application for preliminary planned development plat approval if the property that is the subject of the application is determined by the Village Administrator or their designee to be in violation of any provision of this UDO.

      9.   No building permit, zoning certificate, or occupancy certificate can be issued until the recording of the final planned development plat and the final plat of subdivision.

   (C)   Final Plan Of Development And Plat Stage:

      1.   Filing:

         (a)   Within one (1) year after the adoption of the ordinance establishing a special use permit for the planned development, the applicant or their agent shall file with the Village Administrator or their designee the requisite number of copies of the final plan of development, and the associated final plat of subdivision.

         (b)   Upon determining that the application is complete, the Village Administrator or their designee shall forward a copy of said application to the Village Board.

         (c)   Notwithstanding any provision contained herein to the contrary, when the Village Board has approved the phasing of any planned unit development, the final plan and final plat for each phase shall be filed within the time frames established by the Village Board.

      2.   Review: The Village Board shall refer said plan and plats to the Plan Commission for review; and to any other officers or staff as they deem necessary in order to provide review and comment to the Plan Commission.

      3.   Sufficient Plan And Plat:

         (a)   If the final plan and plat are, in the opinion of the Plan Commission, deemed to be sufficient, in compliance with all applicable Village ordinances, and in substantial conformity with the approved preliminary plan and plat, they shall be approved by the Plan Commission and recommended to the Village Board.

         (b)   Copies of the final plan and plat, along with a letter of transmittal and recommendation, shall be transmitted by the Plan Commission to the Village Board.

      4.   Action By The Village Board:

         (a)   Upon receipt of the Plan Commission's recommendation, the Village Board shall either:

            (1)   Accept the Plan Commission's recommendation and approve the final plat;

            (2)   Receive the Plan Commission's recommendation and approve the plat with modifications; or

            (3)   Receive the Plan Commission's recommendation and deny the final plat.

         (b)   In the event the Village Board denies the final plat, it shall refer the final plat back to the Plan Commission with specific findings as to how the final plat is not in conformance with the associated preliminary plat and all other ordinances of the Village.

         (c)   Notwithstanding any provision contained herein to the contrary, the Village Board shall not take final action on an application for final planned development plat approval if the property that is the subject of the application is determined by the Village Administrator or their designee to be in violation of any provision of this UDO.

      5.   Changes In The Final Plat And Plan Before Approval: If the final plat and plan are substantially different from the approved preliminary plat and plan, the Plan Commission shall not approve the final plat, and instead shall require a new preliminary plat and plan and authorizing ordinance for the special use permit.

      6.   Changes In The Recorded Final Plan Of Development And Final Plat: Changes to the recorded final plan and plat of a planned development shall be categorized as either a major change or a minor change as follows:

         (a)   Major Changes: Any of the following shall be considered major changes and shall require a new application for preliminary and final plat of a planned development, unless otherwise restricted by the ordinance granting the special use for the planned development:

            (1)   A greater than five percent (5%) increase in density or gross floor area.

            (2)   A greater than five percent (5%) decrease in the number of parking spaces, landscaped area, or open space.

            (3)   Any change in the height of building(s).

            (4)   Changes in the location of points of ingress or egress.

            (5)   A greater than twenty (20) foot change in the location of principal buildings, roadways or parking areas.

            (6)   Changes in the types of permitted land use.

            (7)   Changes in the approved development schedule.

            (8)   Increases in the approved deviations.

         (b)   Minor Changes: Shall include all changes not defined as a major change. A minor change shall be subject to the approval of the Village Administrator or their designee by ordinance without the requirement of any further public hearing; provided, however, if the Village Administrator or their designee deems advisable, in their sole discretion, any minor amendment may require submission to the Plan Commission for review and recommendations, without a public hearing, prior to submission to the Village Board for approval. Minor changes shall require applicable zoning application and plan review fees be paid on a prorated share based on the area of the effected planned unit development. (Ord. 23-0-05, 1-23-2023)

Every planned development shall at all times be maintained, used, and kept in full conformance with the provisions of this UDO and those plans, specifications, and special conditions expressly incorporated in any ordinance or resolution specifically governing the construction and development of the planned development. (Ord. 23-0-05, 1-23-2023)