(A) Purpose.
(1) The purpose of a large scale industrial planned development is to permit:
(a) Large-scale industrial development that would not be possible under the strict application of the other sections of this chapter;
(b) A creative approach to the use of land and related physical facilities that results in better development and design;
(c) An efficient use of the land resulting in more economic networks of utilities, streets and other facilities;
(d) A land use which promotes the public health, safety, comfort, morals and welfare; and
(e) Developers of large-scale and complex industrial projects to have the flexibility to complete those projects.
(2) The I-4 District is intended to provide for large-scale developments incorporating a variety of industrial, manufacturing, intermodal rail, commercial or business uses which are planned and developed as a unit or in multiple phases. The development may consist of conventional subdivided lots or provide for development by a special industrial planned development concept plan which establishes the general location and extent of the features of the special industrial planned unit development.
(B) Minimum land area. A large scale industrial planned development shall be approved only on contiguous parcels of 1,500 acres or more, under single ownership or unified development control, subject to an overall site development plan.
(C) Allowable uses.
(1) Category A: Intermodal and related uses. Permitted uses:
(a) Intermodal, rail and truck facilities, including switching yards, freight yards, maintenance facilities, buildings customarily accessory to a railroad yard; outdoor and indoor storage of motor vehicles, freight and materials;
(b) Uses specified as either permitted or special uses in the I-2 Industrial District;
(c) Uses and buildings accessory to the foregoing;
(d) Governmental offices and facilities; and
(e) Public or private utilities, including, but not limited to water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electric power generation plants, substations and facilities necessarily accessory thereto.
(2) Category B: Industrial Park Uses.
(a) Permitted uses:
1. Industrial warehouse and distribution facilities, including:
A. Container storage stacking of up to five containers high in the area of Deer Run Industrial Park (the “DRIP”) commonly known as “CY 2”);
B. Container storage stacking of up to three containers high, and trailer storage in area of DRIP commonly known as “CY 1”; and
C. Grain loading and unloading operations in the westerly ten acres of the area in DRIP commonly known as “CY 2,” which acres are legally described and depicted on Exhibit A attached to Ord. 988 and by this reference incorporated herein;
2. Office uses;
3. Light manufacturing and assembly; and
4. Uses and buildings accessory to the foregoing.
(b) Conditional uses:
1. Hotels and motels;
2. Gasoline service stations, including truck stops with sleeping facilities, restaurants and retail uses;
3. Restaurants, including fast food restaurants with drive-through facilities;
4. Banks or other financial institutions with drive-up facilities and automatic teller machines (ATM);
5. Governmental offices and facilities;
6. Public or private recreation facilities, including parks;
7. Public or private utilities, including, but not limited to water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electric power generation plants, substations and facilities necessarily accessory thereto;
8. Business uses as set forth as permitted or special uses in C-1 and C-2 Districts; and
9. Dray storage facility.
(3) Category C: Residential Protection Zone.
(a) Permitted uses:
1. Industrial warehouse and distribution facilities;
2. Office uses;
3. Light manufacturing and assembly;
4. Hotels and motels;
5. Restaurants, including fast-food restaurants with drive-through facilities;
6. Business uses as set forth as permitted or special uses in the C-1 Local Shopping Center District except residential uses;
7. Banks or other financial institutions with drive-up facilities and automatic teller machines (ATM);
8. Government offices and facilities;
9. Public or private recreation facilities, including parks;
10. Public or private utilities but specifically excluding water treatment plants, sewage treatment plants, electric power generation plants; and
11. Uses and buildings accessory to the foregoing.
(b) Conditional uses: none.
(D) Site and structure requirements.
(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.
(2) Minimum lot width. One hundred fifty feet.
(3) Building setback requirements.
(a) Front yard. Not less than 40 feet, if the maximum building height does not exceed 35 feet (exclusive of towers, lift equipment, HVAC and similar facilities). For buildings with a height in excess of 35 feet, the front yard setback shall be increased by one foot for each additional two feet of building height, to a maximum of 100 feet.
(b) Side yard. Ten feet.
(c) Rear yard. Ten feet.
(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad siding shall not be applicable.
(4) (a) Green space requirement. All lots or parcels shall have a front yard green space in which no improvements other than landscaping shall be permitted (utility pedestals and boxes and underground utilities shall not be prohibited by this requirement).
(b) Green space setback. Along primary roadways as designated in the concept plan the green space setback shall be 30 feet. Along all other public and private roadways in the development the green space setback shall be ten feet.
(c) Green space landscaping. At least 50% of the required front yard green space area shall be landscaped with trees, shrubs. The remainder of the required area may be landscaped with turf grass or other ground covers approved by the village. Wherever practical, berms should be used in conjunction with the landscaping.
(5) Maximum lot coverage permitted. Maximum lot coverage permitted in this category shall be subject only to compliance with the bulk regulations and set backs herein specified.
(6) Adjacency to a residential district. Where any yard in this district abuts an existing residential zoning district, no building shall be erected within 50 feet of the residential lot line if the building height does not exceed 35 feet. For buildings with a height in excess of 35 feet, the setback from a residential lot line shall be increased by one foot for each additional two feet of building height, to a maximum of 100 feet.
(7) Adjacency to Maple Hill Cemetery. Where any yard in this district abuts the property line of Maple Hill Cemetery, no building or structure shall be erected within 80 feet of the cemetery’s property line.
(8) Exception for Category A Uses. Category A Uses (as shown on an approved concept plan) shall not be subject to any setback regulations set forth herein, except for the residential district setback.
(9) Other regulations and standards.
(b) Landscaping requirements.
1. General. The perimeter of all large scale industrial planned developments shall be landscaped with a berm, seeded or sodded and improved with trees and shrubs if adjacent to any property either zoned for residential use or improved with an occupied residence within 250 feet of any property line of the large scale industrial planned development.
2. Category A. No landscaping required except that the village may reasonably require perimeter berms or landscaping to screen such areas from adjacent residential property, public rights-of-way or other roadways.
3. Category B.
a. Green space requirement as per division (D)(4) above. There shall be a minimum 10 foot landscaped area adjacent to any public or private roads. The landscape buffer provided herein may be included in any calculation of the minimum front yard on any lot. The landscape buffer area shall be landscaped with trees, shrubs or other natural plant material.
b. All building entryways shall be landscaped with trees or shrubs.
c. All foundation areas shall be landscaped.
4. Category C.
a. All areas within Category C shall be landscaped in accordance with the requirements applicable to Category B above.
b. All parking areas in Category C shall be landscaped in accordance with the following: curbed, landscaped islands shall be provided at the end of each parking row. No more than 20 adjacent parking spaces shall be located in a single parking row without a landscaped island.
c. Islands or medians shall be a minimum of six feet in width as measured from back of curb to back of curb.
d. Islands or medians shall be landscaped with trees, shrubs and other ground covers or turf grass. Shrubs and ground covers shall have a maximum height of 30 inches.
(c) Sidewalks. Shall be not required in the Category A or Category B subdistricts except on primary or secondary roadways.
(d) Declaration of covenants, conditions and restrictions. Contemporaneous with the approval of any final plat of subdivision in a large scale industrial planned development, the owner and developer shall prepare and record a declaration of covenants, conditions, easement and restrictions for that portion of the development, providing, inter alia, for a property owner’s association (which may be an addition to an existing association) with authority to impose assessments for maintenance and improvements within the platted area.
(E) Approval process. A large scale industrial planned development shall be granted in accord with the following procedures and may depart from the normal procedures, standards and other requirements of this chapter. Applications shall be accompanied by the required plats and documents.
(1) Pre-hearing procedure, conference. Prior to the filing of an application for approval of a large scope industrial planned development, the developer shall request an informal meeting with the Plan Commission to discuss the conceptual development of the land in conjunction with the village land use plan. The pre-hearing conference is mandatory but does not require formal application, fee or filing of a concept plan.
(2) Concept plan. A concept plan for a large scale industrial planned development shall be submitted to the President and Board of Trustees, who shall refer same to the Plan Commission for public hearing, report and recommendation as to whether or not the President and Board of Trustees shall grant approval.
(a) Concept plan requirements. The concept plan shall include, at a minimum, the following information and data:
1. Boundaries delineating each use category (A, B or C) and the proposed limits of each category on the subject property;
2. Primary and secondary roadways, whether public or private, shall be delineated on the concept plan and labeled as “primary” or “secondary”. Local roads or access roads need not be shown;
3. Any planned permanent open space or conservation areas should be delineated on the concept plan; and
4. Any other improvements necessary to portray the overall concept and guide the preliminary and final plats and plans should be shown on the concept plan.
(b) Concept plan procedure.
1. The Plan Commission shall hold a public hearing on the application, giving notice of the time and place not more than 30 nor less than 15 days before the hearing publishing a notice thereof at least once in newspaper published or having general circulation within the village.
2. Copies of the concept plan and supporting data shall be submitted to the Village Engineer and Village Planner for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.
3. Following the public hearing and review of the concept plan and supporting data for conformity to these regulations, the Plan Commission shall, within 30 days recommend approval, modification, or disapprove and the reasons therefor, to the President and Village Board.
4. As a condition to the approval of the concept plan, the Plan Commission shall set forth in a separate communication to the President and Board of Trustees, findings of fact, on which they base the approval.
5. The President and Board of Trustees after receipt of the concept plan from the Plan Commission, shall approve, modify or disapprove. In the case of approval, or approve with modification, the Village Board shall pass an ordinance approving the concept plan and indicate their approval upon the plat, and arrange zoning modifications as necessary. The Village Board may require such special conditions as they may deem necessary to insure conformance with the intent of Comprehensive Plan, and the stated purposes of this zoning district.
6. Approval of a concept plan shall not constitute approval of the final plan. Rather it shall be deemed an expression of approval to the design concept and site submitted on the concept plan and a guide to the preparation of the final plat which will be submitted for approval of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. Preliminary and final plats shall be approved if they conform to the purpose and intent of the concept plan.
7. A preliminary and final plat may be filed and approved simultaneously.
(3) Preliminary plat.
(a) Preliminary plat requirements. The preliminary plat shall conform substantially with the approved concept plan, the preliminary plat requirements for a large scale planned industrial development shall be the same as those established in Chapter 161 of this code, except that, in addition, to these requirements, the applicant shall submit a preliminary landscape plan.
(b) Preliminary plat procedure. The preliminary plat procedure for a large scale planned industrial development shall be the same as those established in Chapter 161 of this code.
(D) Final plat and final engineering plan.
(1) Final plat and final engineering plan requirements. The final plat and final engineering plan shall conform substantially with the approved concept plan and approved preliminary plat. The final plat and final engineering plan requirements for a large scale planned industrial development shall be the same as those established in Chapter 161 of this code.
(2) Final plat and final engineering plan procedure. The final plat and final engineering plan procedure for a large scale planned industrial development shall be the same as those established in Chapter 161.
(F) Changes in the large scale industrial planned unit development.
(1) The large scale industrial planned development project shall be developed only according to the approved final plat and final engineering plans and all supporting data.
(2) The concept plan, preliminary plat, final plat and supporting data, together with all recorded amendments shall be binding on applicant, their successors, grantees and assigns and shall limit and control the use of premises and location of structures in the large scale industrial planned development.
(a) Major changes. Changes which materially alter the concept or intent of the development may be approved only by submission of a new preliminary plat and supporting data and following the “preliminary approval” steps and subsequent amendment of the concept plan and preliminary plat. All changes to the final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat or reflected in the recording of a new “corrected final plat.”
(b) Minor changes. The Village Board may approve minor changes, errors or omissions, in the development which do not change the concept or intent of the development, without going through the “preliminary approval” steps. Minor changes shall be any change which are not material changes to the concept or intent of the development.
(G) Findings required. The Plan Commission shall provide findings of fact setting forth the reasons for its recommendation, and as findings shall set forth with particularity in which respects the proposal would serve the public interest including but not limited to findings of fact on the following:
(1) The extent to which the proposed plan is consistent with the stated purpose of the large scale industrial planned development regulations;
(2) The extent to which the proposed plan meets the requirements and standards of this zoning district;
(3) The physical design of the proposed plan and the manner in which the design makes adequate provision for public services and provides adequate control over vehicular traffic;
(4) The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood; and
(5) The desirability of the proposed plan to physical development, tax base and economic well-being of the entire community.
(H) Conditions and guarantees. Prior to the approval of a concept plan, the Plan Commission may recommend, and the Village Board may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the special industrial planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and to secure compliance with the standards specified. In all cases in which a large scale industrial planned development is granted, the Village Board shall require evidence and guarantees as are appropriate to ensure compliance with the conditions set forth in the development approval.
(Ord. 656, passed 7-2-2001; Ord. 706, passed 12-2-2002; Ord. 825, passed 9-20-2006; Ord. 946, passed 6-17-2009; Am. Ord. 988, passed 9-21-2011)