(A) Intent and purpose.
(1) The Planned Unit Development (PUD) option is intended to allow, with village approval, private or public development which is consistent with the goals and objectives of the Village Master Plan and Future Land Use Map.
(2) The development allowed under this section shall be considered as an optional means of development only on terms agreeable to the village.
(3) Use of the PUD option will allow flexibility in the control of land development by encouraging innovation through an overall comprehensive development plan to provide variety in design and layout; to achieve economy and efficiency in the use of land, natural resources, energy and in the provision of public services and utilities; to encourage useful open spaces suited to the needs of the parcel in question; to provide proper housing including workforce housing; or to provide employment service and shopping opportunities suited to the needs of the residents of the village.
(4) (a) It is further intended the PUD may be used to allow nonresidential uses of residentially zoned areas; to allow residential uses of nonresidential zoned areas; to permit densities or lot sizes which are different from the applicable district and to allow the mixing of land uses that would otherwise not be allowed.
(b) Provided, other community objectives are met and the resulting development would promote the public health, safety and welfare, reduce sprawl, and be consistent with the Village Master Plan and Future Land Use Plan Map.
(5) It is further intended the development will be laid out so the various land uses and building bulk will relate to one another and to adjoining existing and planned uses in such a way that they will be compatible with no material adverse impact of one use on another.
(6) The number of dwelling units for the PUD development shall not exceed the number of dwelling units allowed under the underlying zoning district.
(B) Uses permitted.
(1) (a) A land use plan shall be proposed for the area to be included within the PUD.
(b) The land use plan shall be defined primarily by the zoning districts that are most applicable to the various land use areas of the PUD.
(2) (a) Uses permitted and uses permitted subject to special land use permit approval in this chapter may be allowed within the districts identified on the PUD plan, except that some uses may be specifically prohibited from districts designated on the PUD plan.
(b) Alternatively, the village may allow uses not permitted in the district if specifically noted on the PUD plan. Conditions applicable to uses subject to special land use permit approval shall be used as guidelines for design and layout but may be varied by the Planning Commission provided such conditions are indicated on the PUD plan.
(C) Height, bulk, density and area standards. The standards about height, bulk, density and setbacks of each district shall be applicable within each district area designated on the plan except as specifically modified and noted on the PUD plan.
(D) Qualifying standards. Planned Unit Development proposals shall meet the following qualifying standards to be considered under the PUD land development option:
(1) The properties are zoned FR, DC, CC, LIW or PSP Districts;
(2) (a) 1. The use of this option shall not be for the sole purpose of avoiding the applicable zoning requirements.
2. Problems or constraints presented by applicable zoning provisions shall be identified in the PUD application.
(b) Any permission given for an activity, building, dimensional requirement or use not normally permitted shall result in an improvement to the public health, safety and welfare in the area affected;
(3) The PUD option may be effectuated only when the proposed land use will not materially add service and facility loads beyond those considered in the Village Master Plan, and other public agency plans, unless the proponent can prove to the sole satisfaction of the village that such added loads will be accommodated or mitigated by the proponent as part of the PUD;
(4) The PUD shall not be allowed solely as a means of increasing density or as a substitute for a variance request; such objectives should be pursued through the normal zoning process by seeking a zoning change or variance; and
(5) The PUD must meet, as a minimum, four of the following eight objectives of the village:
(a) To permanently preserve open space or natural features because of their exceptional characteristics, or because they can provide a permanent transition or buffer between land uses;
(b) To permanently establish land use patterns which are compatible, or which will protect existing or planned uses;
(c) To accept dedication or set aside open space areas for public use in perpetuity;
(d) To provide alternative uses for parcels which can provide transition buffers to residential areas;
(e) To promote the goals and objectives of the Village Master Plan;
(f) To foster the aesthetic appearance of the village through quality building design and site development, provide trees and landscaping beyond minimum requirements; the preservation of unique and/or historic sites or structures; and the provision of open space or other desirable features of a site beyond minimum requirements;
(g) To bring about redevelopment of sites where an orderly change of use or requirements is determined to be desirable; and
(h) To provide a diverse mix of housing options, price points and opportunities to rent or purchase.
(1) A market study, traffic impact study and/or environmental impact assessment, if requested by the Planning Commission or Village Council.
(2) A pattern book or design guidelines manual if requested by the Planning Commission or Village Council.
(F) PUD application review procedures. The PUD application review procedure follows four primary steps:
(1) Pre-application submission and review;
(2) Submission of PUD plan and application materials;
(3) Planning Commission review and recommended approval or denial of the PUD; and
(4) Vill age Cou ncil final revi ew and appr oval or deni al of the PU D.
(G) Pre-application submission and review.
(1) Any person owning or controlling land in the village may make application for consideration of a PUD. Such application shall be made by presenting a request for a preliminary determination to whether a development proposal qualifies for the PUD option.
(2) The request shall be submitted to the village and the submission shall include the information required below.
(a) Proof the qualifying standards in this section are or will be met.
(b) A conceptual land use plan containing enough detail to explain the role of open space; location of land use areas, streets providing access to the site, pedestrian and vehicular circulation to and within the site; dwelling unit density and types; buildings or floor areas contemplated; and a proposed phasing plan, as applicable.
(c) A plan to protect historic structures and natural features, or preservation of open space or greenbelts.
(d) A storm water management plan incorporating low impact development (LID) water quality technologies, such as, but not limited to, rain gardens, rooftop gardens, vegetated swales, cisterns, permeable pavers, porous pavement, and filtered storm water structures.
(e) 1. The Planning Commission shall review the applicant’s request for qualification.
2. If approved, the applicant may then continue to prepare a PUD plan on which a final determination will be made.
(3) (a) Based on the documentation presented, the Planning Commission shall make a preliminary determination about whether a development proposal is consistent with the intent and purpose of division (A) above and qualifies for the PUD option under the qualifying standards in this division (D) above.
(b) If approved, the applicant may then continue to prepare a PUD plan and application on which a final determination will be made. An approved determination for qualification is not a guarantee for final PUD approval.
(H) PUD application determinations. The review of a PUD application by the Planning Commission shall follow the procedures below.
(1) Completeness review. Upon submission of a PUD application, the Zoning Administrator shall perform a completeness review consistent with § 153.208(B).
(2) Technical review. Once an application is determined to be complete, the Zoning Administrator shall perform a technical review consistent with § 153.208(B).
(3) Planning Commission review. Upon notification from the Village Zoning Administrator and/or Planner of a complete PUD plan application and technical review, the Planning Commission shall review the proposed PUD plan and make a determination about the proposal’s qualification for the PUD option and for adherence to the following objectives and requirements.
(a) The proposed PUD adheres to the conditions for qualification of the PUD option and promotes the land use goals and objectives of the village.
(b) All applicable provisions of this section shall be met. If any provision of this section shall conflict with the provisions of any other section of this chapter, the provisions of this section shall apply to the lands embraced within a PUD area.
(c) There will be at the time of development an acceptable means of disposing of sanitary sewage and of supplying the development with water and the road network, storm water drainage system and other public infrastructure and services are satisfactory.
(4) Public hearing. The Planning Commission shall hold a public hearing on the PUD plan and shall give notice as provided in § 153.309.
(5) Finding of facts. After the review and public hearing, the Planning Commission shall adopt a finding of fact relative to the PUD under consideration as the basis of their recommendation to approve or deny the application, along with any applicable conditions.
(6) Recommendation. The Planning Commission shall submit its recommendation to the Village Council along with the technical review and finding of facts for final determination.
(I) Village Council review and approval. Upon receipt of a PUD application and recommendation form the Planning Commission, the Village Council shall perform the following procedures.
(1) Determination. Upon receipt of the technical review, finding of facts and recommendation of the Planning Commission with any applicable conditions, the Village Council shall review the application and make a determination to approve or deny the application, and any applicable conditions.
(2) PUD Development agreement. If the Village Council approves the application, it shall direct the village attorney to prepare a PUD Development Agreement setting forth the conditions on which such approval is based. The PUD Development agreement shall:
(a) Be signed by the Village President and the applicant;
(b) Become effective on execution after its approval;
(c) Be recorded at the County Register of Deeds’ office by the applicant who shall provide a copy of the record to the village within 45 days; and
(d) Limit the development and uses that may take place in such area to those expressly permitted under the PUD Development agreement unless otherwise amended following the procedures in this section.
(J) Submission of final site plans. Before any zoning permits are issued for the PUD, final site plans for the project area shall be submitted to the village for review and approval by the Planning Commission of the following:
(1) Review and approval of site plans shall comply with § 153.207, as well as this section except as otherwise modified in the approved plan and PUD development agreement.
(2) Before approving of any final site plans, the Planning Commission shall decide that:
(a) All portions of the project area shown on the approved plan for the PUD for use by the public or the residents of lands within the PUD have been committed to such uses under the PUD Development agreement;
(b) The final site plans are in conformity with the approved development agreement and plan for the PUD;
(c) Provisions have been made under the PUD development agreement to provide for the financing of any improvements shown on the project area plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured under the PUD development agreement; and
(d) If development of the approved final site plans for a specific phase, if applicable, is not substantially completed in three years after approval of the site plan, then further submittals under the PUD shall stop until the site plan and/or phase in question is completed or cause can be shown to the satisfaction of the Village Council for failure to complete.
(3) Uses allowed by right or through a special land use permit in the current zoning ordinance shall be prohibited from occupancy until all applicable conditions of the PUD or development phase are complete and satisfied. Any use not allowed in the current zoning district but permitted through the PUD shall be prohibited from occupancy until the whole PUD, or applicable development phase, is completed in its entirety.
(4) The applicant shall be required, as the PUD is built, to provide the village with “as built” drawings in both paper and digital format following the same provisions outlined in this section.
(K) Termination and expiration. An approved PUD development agreement may be terminated or expire in the following ways:
(1) An applicant or the applicant’s successors or assigns may choose to terminate a PUD development agreement, before any development within the area involved, by filing with the village and recording at the County Register of Deeds an affidavit so stating. The approval of the plan under the PUD development agreement shall terminate on such recording.
(2) No approved plan under a PUD development agreement shall be terminated after development begins except with the approval of the Village Council and of all parties in interest in the land.
(3) Within one year following execution of the PUD development agreement by the Village Council, final approved site plans for an area embraced within the PUD must be filed with the village. If such plans have not been filed within the one-year period, the right to develop the approved plan under the PUD development agreement shall be automatically terminated unless an extension is requested in writing by the applicant and submitted to the village. The applicant is entitled to one extension of one year by right and shall be approved by the Zoning Administrator. The Village Council may approve two additional extensions of one year each if the applicant can demonstrate a need for the extension(s) acceptable to the Village Council.
(4) If development of approved final site plans is not substantially completed as determined in the development agreement in three years after approval, further final submittals under the PUD shall stop until the part in question is completed or cause can be shown for not completing same.
(M) Interpretation of approval. Approval of a PUD under this section shall be considered an optional method of development and improvement of property subject to the mutual agreement of the village and the applicant.
(N) Amendments to Planned Development Plan. Proposed amendments or changes to an approved PUD plan and/or PUD contract shall be presented to the Planning Commission and shall decide whether the proposed modification is of minor or major nature based on § 153.211, with the following additions.
(1) Minor amendment. If determined to be a minor amendment, the Planning Commission may review and approve or deny the request. The PUD development agreement shall be modified to reflect any approved minor amendment.
(2) Major amendment. If determined to be a major amendment, the Planning Commission shall hold a public hearing consistent with the requirements in § 153.309 as part of its review and make a recommendation to the Village Council to approve or deny the request. The Village Council shall have the final determination to approve or deny a major amendment request. The PUD development agreement shall be modified to reflect any approved major amendment.
(Ord. 160, passed 4-21-2022)