17-13-0601 Purpose. The section sets forth the procedures for review and approval of planned developments. (See Chapter 17-8 for planned development guidelines and standards)
1. Planned development applications must be filed with the Zoning Administrator.
2. The Zoning Administrator must transmit an original copy of the application without delay to the City Clerk, who must record it in the proceedings of the City Council at its next regular meeting.
3. The Zoning Administrator must also, within 5 days of application filing, transmit copies of the application to the Plan Commission.
17-13-0603 Recommendations – Zoning Administrator. The Zoning Administrator must review each planned development and forward a recommendation on the proposal to the Plan Commission before the Plan Commission's public hearing. The recommendation of the Zoning Administrator must also be forwarded to the City Council Committee on Zoning, Landmarks and Building Standards.
17-13-0604-B Written, Published and Posted Notice of the Plan Commission public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.
17-13-0604-D The Plan Commission's public hearing must be concluded within 30 days of commencement, provided that the Plan Commission may grant such extensions of time as the applicant may request. If the applicant requests or agrees to an extension of time, such action will be deemed a waiver of the 30-day public hearing period.
17-13-0606 Hearing – City Council Committee on Zoning. The City Council Committee on Zoning, Landmarks and Building Standards must hold a public hearing on all planned development proposals for the purpose of reviewing the proposed project and taking testimony. Written, Published and Posted Notice of the Committee on Zoning, Landmarks and Building Standards' public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.
17-13-0608 Inaction by City Council. f the City Council does not take action on a proposed planned development amendment application within 180 days of the day the Plan Commission recommendation is filed with the City Council Committee on Zoning, Landmarks and Building Standards, the application will be considered to have been denied, unless the application meets the definition of an inclusionary application.
17-13-0608-A City Council Committee on Zoning, Landmarks and Building Standards Approval of Inclusionary Applications. If the City Council Committee on Zoning, Landmarks and Building Standards fails to vote on a proposed planned development amendment inclusionary application within 300 days of the day the Plan Commission recommendation is filed with the City Council Committee on Zoning, Landmarks and Building Standards, the applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application. If the Committee on Zoning, Landmarks and Building Standards fails to vote within 60 days of the receipt of such written notification and the requirements of Section 17-13-0608-B have been satisfied, the Committee shall report the application to the City Council for consideration at the next regular City Council meeting with a "do pass" recommendation.
17-13-0608-B Community Meetings for Inclusionary Applications. Before any applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application pursuant to Section 17-13-0608-A, the applicant must hold at least one community meeting in the ward in which the project is proposed to be located for the purpose of explaining the proposal and soliciting comments on it. Notice for such community meeting must be issued, pursuant to this Section, no later than two weeks prior to such community meeting. The applicant must notify the Alderman of the ward in which the project is proposed to be located in writing of the time, place and purpose of the community meeting.
17-13-0609-A whether the proposed development complies with the standards and guidelines of Sec. 17-8-0900;
17-13-0610 Effect of Planned Development Approval. After the adoption of a planned development ordinance, every application for a permit or license within the planned development boundaries must be reviewed by the Zoning Administrator for a determination that the proposed use, building or structure complies with all provisions of the planned development ordinance ("Part II review"). A Part II review fee shall be assessed by the Department of Planning and Development and paid by the Applicant as set forth in this section. The Part II review fee is $0.50 per square foot of buildable floor area, as identified in the planned development Bulk and Density Table. One-half of the permit review fee is due at the time of filing the planned development application (the "first installment"), and one-half of the review fee is due at the time of the Part II review (the "second installment"); provided, however, if the planned development is constructed in phases or subareas, and each phase or subarea is identified separately in the Bulk and Density Table and is subject to separate site plan approval or Plan Commission review, the permit review fee may be paid in phases. The fee for each phase shall continue to be paid in installments, with the first installment due at the time of filing the planned development application (for the initial phase) or at the time of filing for site plan review pursuant to Section 17-13-0800 (for subsequent phases), and with the second installment due at the time of Part II review for such phase. If the buildable floor area square footage changes between payment of the first installment and payment of the second installment, the second installment will be adjusted accordingly. Zoning certifications may be issued by the Zoning Administrator for uses, buildings or structures within the planned development only upon the Zoning Administrator's written approval. Any permit, license or certificate issued in conflict with the planned development ordinance may be revoked in accordance with Section 17-16-0505.
1. a change in the character of development;
2. an increase in the maximum permitted floor area ratio for the total net site area, provided that phases of the development may temporarily exceed the maximum floor ratio for a sub- area;
3. an increase in the number of dwelling units in excess of the lesser of 3 units or 5% of the maximum number of dwelling units allowed in the approved planned development. Increases in the maximum number of units may not be made if such increase conflicts with the approved parking ratio, decreases approved setbacks, adversely affects the character of the development or exceeds the approved floor area ratio. Increases in the maximum number of units may be made only once per planned development or, if applicable, once per sub-area; or
4. a reduction in the minimum required distance between structures or in periphery setbacks, provided that setback requirements may be adjusted when necessary to permit consistency with the typical pattern or architectural arrangement of surrounding structures.
17-13-0611-B Proposed changes that do not meet the criteria for Minor Changes, as provided in Sec. 17-13-0611-A, may be approved only in accordance with the review and approval procedures for planned developments, as provided in Sec. 17-13-0602 through Sec. 17-13-0610.
17-13-0611-C An approved minor change is valid for 12 months from the date of the letter granting such approval unless action to implement the minor change is commenced within such time period and thereafter diligently pursued to completion, including, if applicable, construction consistent with the minor change as authorized by a building permit. If action to implement the minor change, including construction, does not begin within the time set forth, or does not proceed with reasonable diligence, then the approval will lapse and become null and void.
17-13-0611-D The fee to review and process a request for minor change approval is $1,500.00.
17-13-0612-B The 6-year period may be extended by up to one additional year if, before expiration, the Zoning Administrator receives a written request from the applicant stating the reasons for the proposed extension, and the Zoning Administrator determines that good cause for an extension is shown.
17-13-0612-D If construction does not begin within the time set forth, or the construction does not proceed with reasonable diligence, or if construction in a multi-phase development does not proceed according to the specific schedule set forth in the planned development ordinance, then the planned development ordinance will lapse and be null and void.
17-13-0612-E Should a planned development ordinance lapse, as provided in this section, the Zoning Administrator must initiate a Zoning Ordinance Map Amendment to rezone the subject property to the zoning classification that applied to the subject property before approval of the planned development, in accordance with the procedures of Sec. 17-13-0300.
17-13-0613 Special rule– Property within Airport Layout Plan. Upon annexation, land located within the Airport Layout Plan shall be deemed to be included within, and subject to all the applicable provisions of, the “Airport Planned Development,” as defined in an ordinance passed by the City Council on January 23, 1964, and appearing in the Journal of Proceedings of that date at page 2203. Such inclusion shall not be subject to the review and approval requirements contained in Section 17-13-0602 through Section 17-13-0610 to be effective. For the purposes of this section, the term “Airport Layout Plan” shall mean the future airport layout plan for Chicago O'Hare International Airport approved by the Federal Aviation Administration in a Record of Decision issued in September 2005, and as amended from time to time.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun J. 5-14-07, p. 106483, § 3; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 2-9-11, p. 112461, § 2; Amend Coun. J. 12-14-11, p. 18122, § 1; Amend Coun. J. 11-8-12, p. 38872, §§ 270 – 273; Amend Coun. J. 11-19-14, p. 98037, § 15; Amend Coun. J. 3-18-15, p. 105476, § 10; Amend Coun. J. 11-26-19, p. 11514, Art. III, § 2; Amend Coun. J. 9-9-20, p. 20676, § 1; Amend Coun. J. 12-15-21, p. 42674, § 9; Amend Coun. J. 7-20-22, p. 50878, § 7)