The provisions of this chapter apply to the development or redevelopment of any parcel of land, or group of contiguous parcels of land, that have a combined area of at least 10,000 square feet and that are located in the B-1 Multi-family Residential, B-2 Multi-family Residential, C-1 Neighborhood Commercial and C-2 General Retail Commercial zoning districts, provided the development or redevelopment consists of the construction of one or more new buildings, or of any addition to or expansion of one or more existing buildings that increase the gross floor area on the subject property by at least 50%.

(MC-2-2019, 04/25/2019; MC-2-2015 § 13, Amended, 02/17/2015; MC-8-2005, Added, 12/20/2005)

   A.   Purpose. The purpose of this Chapter is to make available a special use procedure that departs from the strict application of the specific zoning requirements of the district in which the development is located, in an effort to promote progressive development and redevelopment of land in the multi-family and commercial zoning districts by encouraging more creative and imaginative design for land developments than is possible under the zoning regulations that generally apply in those zoning districts.

   B.   Intent. This Chapter is intended to assure that the following land use and development objectives are accomplished, in addition to the general land use and development objectives set forth in Chapter 17.04 of this Title:

      1.   To permit a creative approach to the development and redevelopment of lands devoted to multi-family and commercial uses.

      2.   To achieve a more desirable physical environment by allowing greater flexibility in building design and site plan layout than would be possible through the strict application of the generally applicable zoning and subdivision regulations.

      3.   To allow more efficient use of the land resulting in more economic networks of utilities, streets and other facilities.

      4.   To facilitate a development pattern that is in harmony both with the objectives of the Comprehensive Plan and with the district purposes as defined in this Title.

      5.   To allow the relaxation of certain otherwise applicable substantive requirements based upon procedural protections that provide for the detailed review of individual proposals for more significant multi-family and commercial developments.

(MC-2-2019, 04/25/2019; MC-8-2005, Added, 12/20/2005)

   All planned developments shall satisfy the requirements and limitations of paragraphs A through H of this Section.

   A.   Approval required. All planned developments shall be approved by the Village Council, in accordance with the procedures and standards set forth in this Chapter and with other applicable provisions of this Code.

   B.   Permitted locations. Planned developments are authorized only in the B-1 Multi-family, B-2 Multi-family, C-1 Neighborhood Commercial and C-2 General Retail Commercial zoning districts.

   C.   Minimum area of development. No planned development shall be permitted on any site that has an area of less than 10,000 square feet.

   D.   Planned development required. Any new development or redevelopment on any site in the B-1 Multi-family, B-2 Multi-family, C-1 Neighborhood Commercial, and C-2 General Retail Commercial zoning districts that has an area of 10,000 square feet or more consisting of (i) the construction of one or more new buildings, or (ii) any addition to or expansion of one or more existing buildings that increase the gross floor area on the subject property by at least 50% shall require planned development approval.

   E.   Ownership and control of land. The site for a planned development may be either in a single lot of record or a combination of contiguous lots under unified ownership or control.

   F.   Compliance with Village Code required. Construction and improvements in any planned development shall comply with all applicable Village ordinances except as may specifically excepted pursuant to Section 17.58.120 of this Chapter.

   G.   Individual special uses. The individual uses in a planned development must be permitted uses or permitted special uses in the underlying zoning district, unless an exception is granted pursuant to Section 17.58.120 of this Chapter. Any individual use that is allowed only as a special use in the underlying zoning district must individually meet the standards for granting special use permits set forth in Chapter 17.56 of this Code, and if the property is located within the C-2 Retail Overlay District, the standards for special use permits set forth in Chapter 17.44 of this Code.

   H.   Number of units. The maximum number of residential units in a planned development located within the B-1 Multi-family or B-2 Multi-family zoning districts shall not exceed the maximum number allowed in the underlying zoning district, except as may be necessary to achieve the goals of the Village of Winnetka Affordable Housing Plan.

(MC-2-2019, Amended, 04/25/2019; MC-2-2015 § 14, Amended, 02/17/2015; MC-8-2005, Added, 12/20/2005)

   A.   General requirements. All applications for planned developments shall be subject to the procedures established in this Chapter 17.58 and in Chapter 17.56 of this Code.

   B.   Cumulative requirements. Unless specifically provided in this Chapter to the contrary, any procedure of Chapter 17.56 that is not also stated in this Chapter shall be considered an additional procedure, provided it does not conflict with the procedures established in this Chapter. In the event the procedures of Chapter 17.56 conflict with the procedures established by this Chapter, the procedures of this Chapter shall prevail.

   C.   The Planned Development Commission may not recommend approval of a preliminary planned development unless it has considered the application at no fewer than two public meetings.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005)

   Prior to filing an application for a planned development, the applicant must meet with the Zoning Administrator to discuss the proposed planned development. The purpose of the conference is to help the applicant understand the Comprehensive Plan, the Zoning Ordinance, the Design Guidelines, the site development exceptions, the standards by which the application will be evaluated, and the application requirements. The pre-application conference is mandatory and does not require either the payment of an application fee or the filing of an application.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005)

   A.   Concept Plan Review. Prior to, but in no event more than a year before, submitting an application to the Village for preliminary planned development approval, an applicant must appear at a public meeting of the Village Council to present the basic scope, character and nature of the entire proposed planned development to permit public consideration of the proposal at the earliest possible stage.

   B.   Application for Concept Plan Review. To initiate a review of the planned development concept plan, an applicant must submit to the Zoning Administrator a description of the following basic information regarding the proposed development:

      1.   A sketch site plan showing the general layout of proposed land uses within the property and the general location of vehicular and pedestrian circulation systems;

      2.   A narrative describing the proposed categories of land uses for property and a summary of the overall maximum density of residential uses and intensity of nonresidential uses;

      3.   A general visual description or images of the architectural style of the proposed development;

      4.   The general location and extent of compensating benefits as required by Section 17.58.120B;

      5.   The nature, scope and extent of public dedications, improvements or contributions to be provided by the applicant; and

      6.   The owner's name and address and the owner's signed consent to the filing of the application.

      7.   The applicant's name and address, if different than the owner, the applicant's interest in the subject property, and the applicant's qualifications to carry out the proposed development.

      8.   The address, parcel identification number(s), size, and dimensions of the subject property; and

      9.   Any other information the applicant desires the Village Council to review.

   C.   Action by Village Council. The Village Council shall, after the concept plan application is complete, hold its review of the concept plan application.

The purpose of such review shall be to broadly acquaint the Village Council with the applicant's proposal and provide the applicant with any preliminary views or concerns that members of the Village Council may have at a time in the process when positions are still flexible, adjustment is still possible, and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for a preliminary plan application.

At the meeting at which the concept plan application is considered, any member of the Village Council may make any comments, suggestions or recommendations regarding the concept plan application deemed necessary or appropriate by that member; provided, however, that no final or binding action shall be taken with respect to any concept plan application. Any views expressed in the course of the Village Council's review of any concept plan application shall be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the Village Council, or any member of it, to approve or deny any preliminary plan application following full consideration thereof as required by this Code.

(MC-2-2019, Added, 04/25/2019)

   Applications for a planned development must be filed with the Zoning Administrator in such form as required by the Village. Every application for preliminary plan approval must contain the following submittals, information and related data, unless a waiver is granted pursuant to paragraph K of this section:

   A.   Form of application and fee.

      1.   Application. The form of the original application, associated plans and supporting documentation shall be determined by the Zoning Administrator.

      2.   Fee and Escrow. A fee and escrow as established by the Village for the application and to defray the costs of providing notice and contracting with independent professionals to review applications as required. The professional costs may include, but are not limited to, engineering, legal fees, traffic analyses, environmental impact studies or analysis, land use design, or other similarly related professional studies. Additional materials may be required during the review of a proposed planned development if determined necessary by the Planned Development Commission or Village Council.

   B.   Statement of Planned Development Objectives, Standards and Exceptions.

      1.   Statement of Objectives and Proposed Use. The preliminary plan shall include a statement of the planning objectives to be achieved by the particular design approach proposed by the applicant, which shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The plan shall also include a statement of the applicant's intention with regard to the future selling, leasing, and uses of all or portions of the land areas or structures.

      2.   Planned Development Standards and Exception Standards. A statement setting forth the specific zoning and subdivision exceptions being sought from the underlying zoning and subdivision requirements and the reasons demonstrating that the proposed development meets the standards set forth in this Chapter. This includes a statement regarding public benefits proposed to be provided.

   C.   Owner and applicant information.

      1.   Contact information. The names, addresses and phone numbers of the owner(s) of the subject property, or if a trust, the names, addresses, of the beneficiaries, the applicant and all persons known to have a proprietary interest in the subject property and proposed development.

      2.   Title Policy and Affidavit of Ownership. A current property title policy and an affidavit of ownership is required as proof of ownership. If the applicant is not the owner of the property, the applicant must provide documentation evidencing its interest in the property.

      3.   Owner Statement. A statement from the owner, if the owner is not the applicant, approving the filing of the application by the particular applicant.

      4.   Professional Qualifications. A statement of the professional qualifications and related development experience of the applicant and/or applicant's development team.

      5.   Financing. A statement of proposed financing and evidence of the applicant's ability to complete the proposed development. At the direction of the Village Council, an economic proforma may be required.

   D.   Property Information.

      1.   Property Restrictions. The substance of covenants, easements, and other restrictions existing and any to be imposed on the use of land, including common open space, and structures.

      2.   Dedications. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose indicated.

      3.   Plat of Survey. A plat of survey, prepared by a licensed surveyor, with legal description and street address of the subject parcel(s), prepared within the last year or a plat of survey showing current conditions that may be older than one year, prepared by a licensed surveyor.

   E.   Reports and Studies.

      1.   Environmental Assessment. Copies of all environmental assessments or impact studies as required by law, or a letter from the EPA stating that the site is considered clean by EPA standards, if applicable.

      2.   Village Services Report. A report on the anticipated demand on all Village and community-wide services including, but not limited to, police, fire, public works, park district, and schools. This report must include a tax impact study indicating all projected tax revenues to be generated by the proposed development.

      3.   Market Feasibility Report. A market feasibility report, prepared by a professional real estate consultant or other qualified professional, for all types of proposed land uses within the boundaries of the subject property, which report must include information on unit prices and absorption.

   F.   Traffic and Parking Study.

      1.   A traffic impact study, prepared by a professional engineer qualified in traffic analysis, showing the proposed traffic circulation pattern, including counts, within and in the vicinity of the area of the development which includes any pending development projects, and an analysis which does not include any pending development projects. The location and description of any public and traffic-related public improvements to be installed, including any streets and access easements must also be provided.

      2.   A parking impact study, prepared by a professional engineer qualified in parking analysis, showing the estimated parking demand based on proposed uses in relation to existing conditions, including any pending development projects for the surrounding area including off-site parking spaces.

   G.   Development Plans.

      1.   Site Plan. A scaled site plan, a minimum scale of one inch equals 40 feet, showing the name of the development, the location, setback, bulk, lot area coverage and heights of all buildings and structures, pedestrian circulation areas and common space(s), vehicular circulation and parking spaces, loading areas, garbage pick-up routes, natural topographic features and contours, zoning district classfication, adjacent public rights-of-ways, streets, and sidewalks, and other relevant site elements. The site plan must also show the zoning district classification, building footprint and use, and proximity of structures on adjacent properties. The site plan must also depict location, style, and appearance of any street furniture, such as bicycle racks and/or bicycle storage facilities, light poles, benches, and trash receptacles.

      2.   Landscape and Tree Preservation Plan. A landscaping and tree preservation plan, prepared by a registered landscape architect or licensed arborist, prepared in the same scale as the site plan, showing the location, size, character, species, and composition of vegetation and other material. The plan must also include a list of the quantity, species (including common and botanical name), and the size of all proposed plantings.

      3.   Preliminary Engineering Plan. A preliminary engineering plan, prepared by a licensed professional engineer, including at a minimum, a site demolition plan, a site geometry plan, a site utility plan, and a site grading, drainage, and paving plan. In addition the engineering plan must show any off-site roadway and utility improvements required to service the planned development and explanation for how those improvements will be paid.

      4.   Preliminary Plat. A preliminary plat of subdivision, if required, that meets the requirements of Title 16 of this Code.

      5.   Exterior Lighting Plan. An exterior lighting plan of the same scale as the site plan showing the location of all exterior lighting proposed for the site. The proposed photometrics (level of illumination) as well as the specific design details of all exterior light sources must be provided including proposed lamping of fixtures, light color temperature, height of light fixtures, and illustration of the design. Screening of the light sources should be addressed in the written summary for the project.

      6.   Construction Logistics Plan. Construction traffic and parking schedule indicating the location for the parking of construction vehicles and the anticipated route of construction vehicles, including a communication plan and point of contact posted at the site.

      7.   Project Schedule. Schedule of development showing the approximate date for beginning and completion of each stage of construction of development.

   H.   Building Elevation and Floor Plans.

      1.   Floor Plans. Floor plans of all proposed buildings and structures. The drawings must also include a schedule showing the number, type, and floor area of all uses or combination of uses, and the floor area of the entire development. For residential floor plans, a summary table of units, sizes, and room types must be included.

      2.   Building Elevations. Building elevation drawings illustrating the design and character of the building(s), types of construction, and specified building materials for all sides of the building(s).

      3.   Building Cross-sections. At least two cross-sections through the entire site, to illustrate the bulk and heights of all proposed structures in relation to the topography, vegetation and surrounding structures.

      4.   Shadow Study. If requesting a building height or setback variation, a shadow study, at a minimum, depicting mid-morning and mid-afternoon shadows cast on the following dates; March 20, June 21, September 22, and December 21, corresponding to the first day of each season, for any proposed structure(s) which exceed the underlying zoning district height or setback restrictions.

      5.   Streetscape Elevations. Streetscape building elevation(s) of the proposed building including all street-facing buildings within the same block or, if a corner lot, those located adjacently across the street or alley.

      6.   Sign Elevations. Detailed sign elevations of the sign face(s) at a scale of not less than one inch equals two feet, and must designate sign design, dimensions, materials, colors, lighting (level of illumination), and written/graphic message.

      7.   Three Dimensional Model or Three Dimensional Rendering. Either a to-scale physical three-dimensional model of the proposed development or a three-dimensional rendering developed in an acceptable format approved by the Zoning Administrator.

   I.   Quantitative Summary. A quantitative summary, which shall be broken down into phase components if the development is to be implemented in phases, and which shall include, but not be limited to the following:

      1.   Acreage and square footage of the subject parcel;

      2.   Residential density;

      3.   Total and footprint square footage of principal and accessory buildings;

      4.   Number of parking spaces;

      5.   Square footage of commonly owned and/or maintained open space; and

      6.   Maximum residential density that would be achievable through conventional development of the site.

   J.   Other Information. Such other documentation as the Zoning Administrator may determine is necessary to demonstrate that the proposed planned development complies with application development regulations, including compliance with the Village of Winnetka Design Guidelines.

   K.   Waiver. Upon written request by the applicant, the Zoning Administrator may waive any of the above application requirements in the event that the Zoning Administrator determines that such submittal is not necessary. Notwithstanding a decision to grant a waiver from a submittal requirement, the Planned Development Commission and the Village Council are not precluded from requiring an applicant to submit to the Village the information that was waived by the Zoning Administrator and any additional information the Planned Development Commission or Village Council deems applicable for its review of the planned development application.

(MC-2-2019, Amended, 04/25/2019;MC-8-2005, Added, 12/20/2005)

   A.   Application review. Upon receipt of a properly completed application for a preliminary planned development, the Zoning Administrator shall review the application for compliance with all applicable requirements. Completed applications will be then be forwarded to the Planned Development Commission and Design Review Board for their respective reviews and recommendations.

   B.   Hearings. The Planned Development Commission shall hold a public hearing in accordance with Chapter 17.56 of this Code. Notices of the public hearings shall be issued in the manner provided in Section 17.56.040 of Chapter 17.56.

   C.   Written protest.

      1.   Filing of protest. Any owner of property located within 250 feet of the subject property may file a written protest objecting to the planned development. The written protest shall be directed to the Village Council and shall be submitted on forms provided by the Village and shall be signed and acknowledged, in accordance with the definitions provided in Sections 17.04.030(A)(3.5) and 17.04.030(S)(4.5) of this title. The written protest shall be submitted no later than 5:00 p.m. on the date of the first meeting of the Village Council at which the preliminary approval of the planned development application is on the agenda for consideration; provided, that the filing of a written protest after the close of the Planned Development Commission hearing on the planned development application shall not create a right either to reopen the evidentiary record or to remand the application to the Planned Development Commission for further evidentiary proceedings.

      2.   Effect of written protest. In the event 20% of the owners of property located within 250 feet of the subject property have submitted a written protest as provided in Section 17.56.050(A), the preliminary approval of a planned development by the Village Council shall require the favorable vote of four Trustees.

   D.   Design Review Board. The Design Review Board shall consider the application for preliminary planned development at a public meeting.

   E.   Findings and recommendations. Within 30 days following the date of the completion of the public hearings of the Planned Development Commission, and within 30 days following the completion of the Design Review Board meeting on the application for preliminary approval, each body shall forward a written copy of its findings of fact, and/or its recommendation to the Village Council. The findings and recommendations of each body shall be consistent with the purpose and intent of this Title and shall specify, in a separate conclusion or statement, such stipulations, restrictions or conditions, including but not limited to the operation of the planned development, that the Planned Development Commission or Design Review Board deems necessary to assure the protection of the public health, safety, comfort, morals or welfare. No planned development shall be recommended for approval by the Planned Development Commission or Design Review Board unless such commission or board shall find that the proposed planned development is in conformity with the standards set forth in Section 17.58.110 of this chapter and with any other applicable regulations of the zoning district in which the subject property is located.

   F.   Village Council.

      1.   Village Council deliberations. Within 30 days after the Village Council receives all of the findings of fact and/or the recommendations of the Planned Development Commission and Design Review Board on the application, the application for the planned development shall be placed on the Village Council' s agenda for consideration.

      2.   Village Council decision; vote required. By a majority of the Village Council, the Village Council, in the exercise of its discretion, may grant, deny or modify the planned development application, or may return the matter to the Planned Development Commission or Design Review Board for further consideration and findings. Nothwithstanding the foregoing, if the requisite number of protests have been submitted in accordance with Section 17.56.050 of Chapter 17.56, the favorable vote of four Trustees shall be required to grant the planned development by the Village Council.

      3.   As part of its approval of a planned development application, the Village Council may impose conditions on the applicant or require the applicant to make public improvements if such conditions or public improvements would be necessary for the planned development application to satisfy the standards set forth in Section 17.58.110 of this Chapter. Such public improvements may include, without limitation, bicycle infrastructure, transit stops, and public utility, public streetscape, roadway, intersection, signalizations, parking, and pedestrian safety improvements.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005; MC-9-2010, Amended, 01/4/2011)

   A.   Form of application.

      1.   Substantial conformity with preliminary plan. The final plan for the planned development shall conform substantially to the approved preliminary plan. No final plat for a planned development will be presented for final approval if it contains a substantial change from the approved preliminary plan. For purposes of this section, a substantial change is a change that alters: (i) the concept or intent of the planned development; (ii) the plan's density; (iii) the height of any building; (iv) the plan's open space; or (v) the architectural design in a material fashion.

      2.   Engineering approval. The final plat will not be processed until detailed engineering site plans have been reviewed and approved by the Village Engineer.

      3.   The final development plan, and subdivision plat if necessary, shall contain in final form all the information required in the preliminary development plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this chapter.

   B.   Time of filing application for final approval. Within 18 months following the Village Council approval of the preliminary planned development plan, the applicant shall initiate the final approval process by filing the final development plan and supporting documentation with the Zoning Administrator for the Village Council's consideration. The Village Council, in the exercise of its discretion, may extend the time for filing the application for final approval.

   C.   Contents of application. The final planned development plan shall contain all the materials included in the approved preliminary planned development plan, but in final detailed form and include the following:

      1.   Form of application and fee.

         a.   Application. The form of the original application, associated plans and supporting documentation shall be determined by the Zoning Administrator.

         b.   Fee and Escrow. A fee and escrow as established by the Village for the application and to defray the costs of providing notice and contracting with independent professionals to review applications as required. The professional costs may include, but are not limited to, engineering, legal fees, traffic analyses, environmental impact studies or analysis, land use design, or other similarly related professional studies. Additional materials may be required during the review of a proposed planned development if determined necessary by the Planned Development Commission or Village Council.

      2.   A statement summarizing all changes that have been made, or have occurred, in any document, plan, data, or information previously submitted, together with a revised copy of any such document, plan, or data; and the statement shall explain how the final plan remains in substantial conformance with the approved preliminary plan;

      3.   A final plat of subdivision, if required, that meets the requirements of Title 16 of this Code;

      4.   Final engineering plans in compliance with engineering guidelines adopted by the Village;

      5.   A plat of dedication and or plat of vacation, if required;

      6.   When the proposed planned development includes provision for public common open space, a statement describing the provision for dedication or care and maintenance of such open space. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted. When the property is to be dedicated, a draft of the instrument of dedication shall be submitted;

      7.   A restrictive covenant in a form acceptable to the Village Attorney limiting development of and construction upon the tract as a whole to such development and construction as shall comply with the final development plan granted by the Village Council; and

      8.   Such additional information as may be required by the Village Council.

   D.   Development phases. If desired by the applicant, the final plat may be submitted in stages, with each stage reflecting a portion of the approved preliminary plat that is proposed to be recorded and developed; provided, however, that each such portion shall be in conformity with all requirements and regulations of this Chapter.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005)

   A.   Application review. Upon receipt of a properly completed application for a final planned development plan, the Zoning Administrator shall review the application for compliance with all applicable requirements. Completed applications will be forwarded to the Village Council for its respective reviews and recommendations.

   B.   Hearings. The Village Council shall hold a public hearing in accordance with Chapter 17.56 of this Code. Notices of the public hearings shall be issued in the manner provided in Section 17.56.040 of Chapter 17.56.

   C.   Written protest.

      1.   Filing of protest. Any owner of property located within 250 feet of the subject property may file a written protest objecting to the planned development. The written protest shall be directed to the Village Council and shall be submitted on forms provided by the Village and shall be signed and acknowledged, in accordance with the definitions provided in Sections 17.04.030(A)(3.5) and 17.04.030(S)(4.5) of this title. The written protest shall be submitted no later than 5:00 p.m. on the date of the first meeting of the Village Council at which the final approval of the planned development application is on the agenda for consideration.

      2.   Effect of written protest. In the event 20% of the owners of property located within 250 feet of the subject property have submitted a written protest as provided in the foregoing paragraph 1. the final approval of a planned development by the Village Council shall require the favorable vote of four Trustees.

   D.   Village Council.

      1.   Village Council decision; vote required. By a majority of the Village Council, the Village Council, in the exercise of its discretion, shall grant approval of the application if the final plan for the planned development conforms substantially to the approved preliminary plan. Nothwithstanding the foregoing, if the requisite number of protests have been submitted in accordance with Section 17.56.050 or Chapter 17.56, the favorable vote of four Trustees shall be required for final approval of the planned development by the Village Council.

      2.   In the event that the Village Council determines that the final plan for the planned development does not conform substantially to the approved preliminary plan:

         a.   The applicant may modify its application for approval of the final plan for the planned development so that it substantially conforms to the approved preliminary plan;

         b.   The Village Council may deny the application; or

         c.   The Village Council may return the matter to the Planned Development Commission and/or the Design Review Board for further consideration, findings, and consideration of a recommendation to the Village Council that the application for approval of the final plan for the planned development is in conformity with the standards set forth in Section 17.58.110 of this Chapter and with any other applicable regulations of the zoning district in which the subject property is located, after which, the application shall be returned to the Village Council for a re-hearing in accordance with this Section 17.58.100 and a finding by the Village Council that the application for approval of the final plan for the planned development is in conformity with the standards set forth in Section 17.58.110.

   E.   Approval by ordinance. Final approval of any planned development shall be by an ordinance of the Village Council. The Village Council, in the exercise of its discretion, may accept, reject or modify any conditions or restrictions that the Planned Development Commission or Design Review Board may recommend. Such conditions shall be expressly set forth in the ordinance approving the planned development.

   F.   Recording of final plan required. The ordinance authorizing the planned development shall be effective only upon recording of the ordinance and final plat of subdivision, if applicable, with the Office of the Recorder of Deeds for Cook County. No building permits will be issued nor shall any other development shall take place until such recordings are made. All recording costs shall be paid by the applicant.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005; MC-9-2010, Amended, 01/4/2011)

   A.   Findings required.

      1.   Findings in support of recommendations. The Planned Development Commission and the Design Review Board shall each enter written findings on the standards for planned development approval as set forth in this Section 17.58.110. The findings of each body shall be based on the particular facts and circumstances of the proposed development, as established through the application materials, record made in the proceedings before that body, and matters of public record.

      2. Village Council findings. The Village Council's decision to grant or deny an application shall be based on the particular facts and circumstances of the proposed development, as established through the application materials, the record made in all proceedings on the application, matters of public record, and such matters of public policy as the Council deems relevant to its consideration of the application.

   B.   Planned Development Standards. No special use permit for a planned development shall be recommended by the Planned Development Commission or approved by the Village Council unless it is found that:

      1.   That the proposed development and the use or combination of uses furthers the goals and objectives of the Comprehensive Plan;

      2.   That the establishment, maintenance and operation of the planned development will not be detrimental to or endanger the public health, safety, health, comfort, morals or general welfare, or have a negative environmental impact on the neighborhood or Village;

      3.   That the planned development will not unreasonably impede the use and enjoyment of other property in the immediate vicinity which are permitted by right in the district or districts of concern, nor unreasonably diminish or impair property values in the immediate vicinity;

      4.   That the establishment of the planned development will not unreasonably impede the normal and orderly development or improvement of other property in the immediate vicinity for uses permitted by right in the district or districts of concern;

      5.   That adequate measures have been or will be taken to provide ingress and egress in a manner which minimizes pedestrian and vehicular traffic congestion in the public ways;

      6.   That adequate parking, utilities, access roads, drainage and other facilities necessary to the operation of the planned development exist or are to be provided; and

      7.   That the planned development in all other respects conforms to the applicable regulations of this and other applicable Village ordinances and codes.

   C.   Design Review. No approval for a planned development shall be recommended by the Design Review Board or approved by the Village Council unless the planned development as a whole, as well as its individual buildings and site improvements constructed as part of the planned development, is in conformity with the Village of Winnetka Design Guidelines, as may be amended from time to time.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005)

   A.   Exceptions to Subdivision and District Regulations. All planned developments are subject to the underlying district regulations unless an exception is specifically granted. The Planned Development Commission may recommend, and the Village Council may grant, exceptions to the otherwise applicable subdivision regulations and underlying zoning district use, lot, space, bulk, yard, and parking regulations. In addition to the standards in Section 17.58.110 of this Chapter, the following standards shall be considered in reviewing any request for exceptions to the subdivision or underlying zoning district use, lot, space, bulk, yard, and parking regulations, as each standard may be applicable:

      1.   The proposed exception will enhance the overall quality of the development, the design of the structures, and the site plan to further the goals and objectives of the Comprehensive Plan and the Design Guidelines;

      2.   The proposed exception will enable the development to offer environmental and pedestrian amenities available to all residents of the Village;

      3.   The proposed exception will not cause an adverse impact on neighboring properties that outweigh the public benefits of the development;

      4.   The proposed exception will contain a proposed design and use, or combination of uses, that will complement the character of the surrounding neighborhood; and

      5.   The proposed exception will provide a public benefit to the Village, as described in Section 17.58.120.B of this Code.

   B.   Compensating Benefits. Applicants for planned development approval are required to provide the Village with compensating benefits in return for the Village granting exceptions in accordance with this Section 17.58.120. The purpose of compensating benefits is to advance the Village's physical, cultural, environmental, and social objectives in accordance with the Comprehensive Plan and other plans and policies. Redevelopment often brings with it the need to provide exceptions from the regulations but to also make sure that the Village is receiving public benefit in return for providing those exceptions by requiring additional compensating benefits to the residents in that area or to the community as a whole. Prior to proposing a compensating benefit, the applicant is required to consult with Village staff and other public entities, as deemed necessary by the Village. The following is a non-exclusive list of examples of design elements and amenities that may be considered compensating benefits:

      1.   The provision of community amenities for public use, such as plazas, malls, formal gardens, places to congregate, outdoor seating, and pedestrian facilities;

      2.   The preservation of existing historic features;

      3.   The dedication and provision of public open space and public recreational amenities, such as recreational open space, including accessory buildings, jogging trails, playgrounds, and similar recreational facilities;

      4.   The adaptive reuse of existing buildings;

      5.   The provision of public car and/or bike share facilities;

      6.   The provision of off-street public parking spaces;

      7.   The provision of affordable housing units;

      8.   The incorporation of building and site elements that enhance the environment and increase sustainability; and

      9.   The provision of uses, spaces, or infrastructure that provide a benefit to the public and which there is a demonstrated public need.

(MC-2-2019, Added, 054/25/2019)

   A.   Recorded approved plans control development. The planned development shall be developed only according to the approved and recorded final plans. The recorded final plan, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises, including the internal use of buildings and structures, and the location of structures in the planned development as set forth therein.

   B.   Major changes.

      1.   Major changes defined. Changes that alter the concept or intent of the planned development; including changes in density, changes in the height of buildings, changes in use, changes of proposed open space, material changes to architectural design, material changes in the development schedule, changes in road standards, and changes in the final governing agreements, provisions, or covenants shall all be considered major changes to the approved plan.

      2.   Procedure for major changes. An applicant seeking a major change shall seek an amendment to the final plan by submitting a new preliminary plan and supporting data and following the procedures for preliminary approval, as established in Section 17.58.070 of this chapter. Major changes to an approved final plan may be granted only by the Village Council pursuant to an ordinance approving the amended plan.

   C.   Minor Changes.

      1.   Minor changes defined. Minor changes are defined as any change to an approved plan that is not defined as a major change and that does not change the concept or intent of the development.

      2.   Procedure for minor changes. A proposed minor change to an approved planned development may be presented directly to the Village Council for consideration. The Village Council may approve minor changes in the planned development without further proceedings, provided it finds that the proposed change does not change the concept or intent of the development.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005)

   A.   Failure to complete project. The Village Council shall consider revocation of the planned development if construction falls more than one year behind the construction schedule filed with the final plat. The applicant shall be notified at least ninety days preceding any revocation proceeding. The Village Council may, upon request, modify the recorded construction schedule of a planned development.

   B.   Failure to comply with approved plans. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the planned development pursuant to Chapter 17.72 of the Village Code.

(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005)