(A) Purpose. Planned developments are a distinct category of special use permits intended to allow flexibility in the application of the standards of the Zoning Code for significant development proposals that provide amenities to the community which are not required from conventional development applications. The planned development process seeks to achieve the following specific purposes:
(1) Encourage creativity, flexibility, and environmental sensitivity in the development of land and the design of structures.
(2) Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.
(3) Facilitate development that is consistent with city land use policies, particularly in areas designated for potential redevelopment.
(4) Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.
(5) Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.
(B) Applicability.
(1) Special use permit standards. A planned development shall be granted in accordance with the procedures, standards, and requirements of this section and § 1252.03(C) (Special Use Permit). The ordinance granting or amending the planned development as a special use may depart from the procedures, standards, and requirements of this Zoning Code.
(2) Zoning district standards. A planned development may be granted as a special use in accordance with Chapter 1244 (Uses). The requirements of the underlying zoning district shall apply to the planned development unless exceptions from these requirements are specifically granted in the ordinance approving the planned development.
(3) Subdivision plats and building permits. A planned development must be granted prior to the applicant receiving a subdivision plat in accordance with Chapter 1220 (Subdivision Regulations) or a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy).
(C) Procedure. An application for a planned development shall follow a four-step procedure, which includes a required pre-application consultation, an optional concept plan consultation, a required preliminary plan, and a required final plan.
(1) Pre-application consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate city staff prior to preparation of the optional concept plan or required preliminary plan. Action by the Zoning Administrator shall have the following process:
(a) Prior to filing a formal application for a planned development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned development.
(b) The Zoning Administrator and appropriate city staff shall meet with the applicant to discuss the proposed planned development in accordance with division (D) of this section.
(c) The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this Zoning Code and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the city.
(d) Any advice and assistance provided by the Zoning Administrator and city staff shall not be binding upon the City Council or Zoning, Planning, and Development Commission with respect to the formal planned development application.
(2) Optional concept plan consultation. The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from the City Council prior to preparation of the required preliminary plan. Action by the City Council shall have the following process:
(a) Prior to filing a formal application for a planned development, the applicant may arrange a concept plan consultation with the City Council to discuss the proposed planned development.
(b) The City Council shall meet with the applicant to discuss the proposed planned development in accordance with division (D) of this section.
(c) The City Council shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Zoning Code and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the city.
(d) Any information and guidance provided by the City Council shall not be binding upon the City Council or Zoning, Planning, and Development Commission with respect to the formal planned development application.
(3) Preliminary plan. The purpose of the required preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Zoning, Planning, and Development Commission and preliminary approval from the City Council prior to preparation of the required final plan.
(a) Action by the Zoning Administrator.
1. Applications for a special use permit and preliminary plan for a planned development shall be filed concurrently with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure) and division (D) of this section. Applications shall not be filed prior to completion of the required pre-application consultation.
2. Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission based upon the standards of division (F) of this section and § 1252.03(C)(4) (Standards for Special Use Permits), and schedule the application for consideration by the Zoning, Planning, and Development Commission.
(b) Action by the Planning, Zoning, and Development Commission.
1. The Zoning, Planning, and Development Commission shall conduct a public hearing on a proposed preliminary plan for a planned development and a special use permit at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with § 1252.02(C) (Notice).
2. The Zoning, Planning, and Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of division (F) of this section and § 1252.03(C)(4) (Standards for Special Use Permits).
3. The Zoning, Planning, and Development Commission shall recommend approval, approval with conditions, or denial of the applications.
a. In recommending approval of a special use permit and preliminary plan for a planned development, the Zoning, Planning, and Development Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest.
b. In recommending approval of a special use permit and preliminary plan for a planned development, the Zoning, Planning, and Development Commission may require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
4. The Zoning, Planning, and Development Commission shall forward its recommendation and the minutes of its public hearing to the City Council within 60 days after the close of the public hearing.
(c) Action by the City Council.
1. The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Zoning, Planning, and Development Commission. The 60-day period may be extended with the written consent of the applicant.
2. The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Zoning, Planning, and Development Commission, the evidence presented at the public hearing, and the standards of division (F) of this section and § 1252.03(C)(4) (Standards for Special Use Permits).
3. The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Zoning, Planning, and Development Commission for further consideration. In approving a special use permit and preliminary plan for a planned development, the City Council may:
a. Recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest.
b. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.
4. Following approval of the special use permit and preliminary plan for a planned development, the applicant shall submit a final plan for the planned development.
(4) Final plan. The purpose of the required final plan is to allow the applicant to obtain final approval of the final plan from the City Council.
(a) Action by the Zoning Administrator.
1. Applications for a special use permit and final plan for a planned development shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure) and division (D) of this section. Applications shall be filed within two years after approval of the required pre-application consultation, optional concept plan consultation, or required preliminary plan.
2. Upon determining that the application is complete, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the City Council.
3. If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the City Council recommending approval of the final plan and schedule the application for consideration by the City Council.
4. If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this section.
(b) Action by the City Council.
1. The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the report of the Zoning Administrator recommending approval of the final plan. The 60-day period may be extended with the written consent of the applicant.
2. The City Council shall take action in the form of approval, approval with conditions, or denial of the application.
3. Upon approval of the final plan by the City Council, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this Zoning Code.
(D) Application contents.
(1) Pre-application consultation. An application for a pre-application consultation for a planned development shall include a site plan drawn to an appropriate scale including the following information:
(a) The current ownership of the site.
(b) A conceptual layout of the proposed planned development.
(c) The location of the property and rights-of-way immediately adjacent to the proposed planned development.
(d) The location and use of all existing and proposed buildings and structures within the proposed planned development.
(e) The location of any proposed public or private improvements.
(f) A statement establishing any known exceptions to this Zoning Code, including the section number of each standard from which an exception is sought.
(g) Any other information necessary to clearly explain the planned development.
(2) Optional concept plan consultation. An application for an optional concept plan consultation for a planned development shall include a site plan drawn to an appropriate scale including the following information:
(a) The current ownership of the site.
(b) A conceptual layout of the proposed planned development.
(c) The location of the property and rights-of-way immediately adjacent to the proposed planned development.
(d) The location and use of all existing and proposed buildings and structures within the proposed planned development.
(e) The location of any proposed public or private improvements.
(f) A statement establishing any known exceptions to this Zoning Code, including the section number of each standard from which an exception is sought.
(g) Any other information necessary to clearly explain the planned development.
(3) Preliminary plan. An application for a preliminary plan for a planned development shall include the following information:
(a) Proof of ownership establishing that the proposed planned development shall be in single ownership or under unified control so that all owners of the property shall be included as joint applicants.
(b) A plat of survey drawn to an appropriate scale showing the location of the zoning lot associated with the planned development, including all lots within the zoning lot.
(c) A site plan drawn to an appropriate scale that includes the following information:
1. The location of property and rights-of-way immediately adjacent to the proposed planned development.
2. The location, height, and use of all existing buildings and structures immediately adjacent to the proposed planned development.
3. The location, area, height, bulk, and dimensions of all existing and proposed buildings and structures within the proposed planned development.
4. The general land uses of all existing and proposed buildings and structures within the proposed planned development.
5. The location and dimensions of all setbacks within the proposed planned development.
6. The location and dimensions of all walkways, driveways, streets, parking facilities, and loading facilities within the proposed planned development.
7. The location and dimensions of all external lighting fixtures within the proposed planned development.
8. The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, playgrounds, schools, public buildings, or any other public uses within the proposed planned development.
9. A statement establishing any proposed exceptions to this Zoning Code to be requested as part of the proposed planned development, including the section number of each standard from which an exception is sought.
(d) Building elevations and schematic designs indicating the general architectural character of all proposed buildings and structures.
(e) A traffic circulation plan and traffic impact analysis indicating the proposed movement of motorists, bicyclists, and pedestrians within the site, access to and from adjacent streets, off-street parking facilities, and the impact of the proposed planned development upon existing traffic patterns.
(f) A utilities and drainage plan indicating the adequacy of the utilities serving the proposed planned development, including water distribution lines, sanitary sewers, and stormwater management facilities.
(g) A preliminary landscape plan in accordance with the requirements of § 1250.01(D) (Landscape Plan).
(h) A statement establishing the amenities to be included in the proposed planned development.
(4) Final plan. An application for a final plan for a planned development shall include the following information:
(a) All covenants, easements, agreements, and provisions required to govern the ownership, use, maintenance, and continued protection of the planned development, including an agreement assuring that the applicant, any subsequent owner, and/or any applicable homeowners association will be responsible for all street, utility, and common open space maintenance within the planned development.
(b) All plats, certificates, seals, and signatures required for the dedication or vacation of land, the dedication or vacation of public rights-of way, and for the recording of the final site plan.
(c) A plat of subdivision prepared in a format suitable to be recorded with the Cook County Recorder of Deeds if subdivision of the development site is included in the planned development.
(d) A final site plan in a format suitable to be recorded with the Cook County Recorder of Deeds including the following information:
1. A legal description of the zoning lot associated with the planned development, including a legal description of each lot within the zoning lot.
2. Final designation of the location, area, height, bulk, and dimensions of all existing and proposed buildings and structures within the proposed planned development.
3. Final designation of the general land uses of all existing and proposed buildings and structures within the proposed planned development. Projects with residential land uses shall include the total number of residential dwelling units within the proposed planned development and the residential density of the site.
4. The final location and dimensions of all setbacks within the proposed development.
5. The final location and dimensions of all walkways, driveways, streets, parking facilities, and loading facilities within the proposed planned development.
6. The final location, dimensions, and design and illumination characteristics of all external lighting fixtures within the proposed planned development.
7. The legal description, location, and dimensions of any areas proposed to be conveyed, dedicated, or reserved for parks, playgrounds, schools, public buildings, or any other public uses within the proposed planned development.
8. A final statement establishing any proposed exceptions to this Zoning Code requested as part of the proposed planned development, including the section number of each standard from which an exception is sought.
(e) Final building elevations and schematic designs indicating the specific architectural character of all proposed buildings and structures.
(f) A final traffic circulation plan and traffic impact analysis indicating the proposed movement of motorists, bicyclists, and pedestrians within the site, access to and from adjacent streets, off-street parking facilities, and the impact of the proposed planned development upon existing traffic patterns.
(g) A final utilities and drainage plan indicating the size and location of all water distribution lines, sanitary sewers, and stormwater management facilities.
(h) A final landscape plan in accordance with the requirements of § 1250.01(D) (Landscape Plan).
(i) A final sign plan indicating the location and dimensions of all signs, including the design and illumination characteristics of all signs.
(j) A final statement establishing the amenities to be included in the proposed planned development.
(k) A construction schedule indicating the following:
1. If the planned development is going to be developed in a single phase, the date construction will begin, the date construction will be completed, and the date when specific uses will be established on the site.
2. If the planned development is going to be developed in multiple phases, the date that construction of the initial phase will begin, the dates when final plans are expected to be submitted for each subsequent phase, the date that construction is expected to be completed for each phase, and the date when specific uses are expected to be established on the site.
(E) Amendment to approved planned development. A final plan for an approved planned development may be amended in accordance with the requirements of this section.
(1) Major amendments. During construction of the planned development, any change to an approved final plan that substantially affects the essential design, composition, and character of the planned development shall be considered a major amendment. The City Council shall make a decision on a request for a major amendment after receiving a recommendation from the Zoning, Planning, and Development Commission in accordance with division (C)(3) of this section. Major amendments may include, but shall not be limited to, the following:
(a) Any change in the location of land uses within the development.
(b) Any change in the proportion of land uses in the development by ten percentage points or more.
(c) Any change in the gross floor area of the development by 5% or more.
(d) Any change in the building height of the development by 5% or more.
(e) Any change in the proportion of the impervious coverage of the development by ten percentage points or more.
(f) Any change in the number of dwelling units within the development.
(g) Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by ten feet or more.
(h) Any change in the number of off-street parking spaces provided within the development by 10% or more.
(i) Any change in the amount of open space provided within the development or in the location of open space from that shown on the approved final plan.
(j) Any change to the landscape plan that reduces the amount of material planted within the development.
(2) Minor amendments. During construction of the planned development, any change to an approved final plan that minimally affects the essential design, composition, and character of the planned development shall be considered a minor amendment. Any amendment that is not established as a major amendment in division (E)(1) of this section shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with division (D)(3) of this section. The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with division (E)(1) of this section.
(F) Standards for planned developments. The City Council, Zoning, Planning, and Development Commission, and Zoning Administrator shall evaluate applications for planned developments with specific written findings based on a balance of both the standards of this section and the standards for special use permits in accordance with § 1252.03(C)(4) (Standards for Special Use Permits).
(1) The proposed planned development will provide walkways, driveways, streets, parking facilities, and loading facilities that adequately serve the uses within the development and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.
(2) The proposed planned development will provide landscaping and screening that enhances the city's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.
(3) The proposed planned development will protect the community's natural environment to the greatest extent practical, including existing natural features, watercourses, trees, and native vegetation.
(4) The proposed planned development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.
(G) Zoning district exceptions and provision of community amenities.
(1) Zoning district exceptions. Planned developments are subject to the regulations of the zoning district in which they are located unless exceptions from these regulations are specifically recommended by the Zoning, Planning, and Development Commission, granted by the City Council, and found to be in accordance with division (F) of this section.
(2) Provision of community amenities. Planned developments may be granted exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the city that are not required from conventional development applications. The amenities to be considered by the City Council, Planning, Zoning, and Development Commission, and Zoning Administrator shall be appropriate for the scale of the planned development and may include, but shall not be limited to, the following:
(a) Establishment of community amenities such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.
(b) Establishment of open space amenities such as playing fields, playgrounds, swimming pools, and fitness facilities.
(c) Enhancement of the community's natural environment, including existing natural features, watercourses, trees, and native vegetation.
(d) Preservation and enhancement of the community's historic places and cultural resources.
(e) Provision of public infrastructure improvements that exceed the requirements of the planned development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.
(f) Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.
(g) Provision of residential dwelling units for affordable housing or senior housing.
(h) Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act.
(H) Expiration of approved planned developments.
(1) Preliminary plan expiration. Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been filed within two years after approval of the preliminary plan by the City Council. The applicant may extend this two-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the City Council.
(2) Final plan expiration. Final plan approval shall expire and be revoked if a building permit has not been filed within two years after approval of the preliminary plan by the City Council. The applicant may extend this two-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the City Council.
(Ord. 17-31, passed 9-12-2017)