A. Purpose: The planned unit development is a concept which encourages improved design in the development of land by providing relief from rigid zone requirements which are designed for conventional developments but which may cause undue hardship or complication for desirable but unconventional development. The planned unit development amendment procedure is intended to provide a single uniform procedure for total review of a proposed development project so that all the details of use and site design may be reviewed simultaneously. The procedure combines the design review procedure of zoning amendment. It is the intent of this procedure to encourage the variety and flexibility that is now possible in development for all uses and to encourage development projects resulting in the greatest possible efficiency and amenity.
B. Permitted Uses: In a planned unit development, any uses permitted in any zoning district of this ordinance may be permitted subject to the criteria established in this section and section 9-1-1-2, "Intent And Purpose", of this ordinance.
C. Qualifying Requirements For A Planned Unit Development:
1. Water And Sewage Service: Community sanitary sewage and potable water facilities connected to publicly owned systems shall be required in any planned unit development involving multiple-family dwellings, dwelling units on lots of less than forty thousand (40,000) square feet or business use.
2. Property Ownership: Ninety percent (90%) of all land in a planned unit development shall be under single ownership or control to be eligible for consideration at the preliminary development plan stage and the applicant shall provide such proof.
3. Bonding: The owners of the property must be bondable for the completion of streets, sewer and water.
D. Standards: For any approved planned unit development, the regulations and standards established in this section may be substituted for the zone regulations and general regulations set forth elsewhere in this ordinance. Where this section conflicts with any other section of this ordinance, this section shall be deemed to control.
1. Streets: Streets in a planned unit development may be dedicated to public use or may be retained under private ownership. They shall be constructed in accordance with standards required by the Village of Fox Lake subdivision regulations.
2. Density: The maximum permitted gross density for a residential planned unit development shall be the requirements established below. The number of dwelling units or the number of bedrooms may be used, provided that the maximum allowable number of either one is not exceeded.
3. Site Design General: The planned unit development shall be more beneficial to residents or occupants of such developments and neighboring properties than a conventional development because of comprehensive design and a thorough application of professional standards of excellence. It should be prepared by professional persons; architects, city planners, engineers, landscape architects and surveyors. The benefits and improved design of the resulting development must justify the intended deviation from the normal requirements of this ordinance. In designing a planned unit development, particular consideration shall be given to:
a. The provision of open spaces for recreation and other outdoor benefits and uses. The open space and proposed use of such space must be appropriate and proportionate to the scale and character of the planned unit development indicated by its size, density, topography and number and types of units.
b. The conservation of significant natural resources such as floodplains, wetlands, forests and scenic areas and vistas.
c. Surface drainage and floodwater retention.
d. Maximum separation of vehicular traffic from pedestrianways and play areas.
e. Adequate parking. The number of parking spaces shall not be less than required for similar individual uses by this zoning ordinance.
f. A unified design based on harmonious architectural character, compatible materials, and an orderly arrangement of structures and open spaces.
g. The provision of appropriate sites for schools and/or equal cash value, playgrounds, parks, parkways, streets, highways, public buildings and similar public facilities must be proportionate to the scale and character of the planned unit development as indicated by its size, density, topography and number and types of dwelling units.
h. The provision for places of workshop and other community services, convenient shopping and service areas when provision for such service is appropriate to the size and character of the planned unit development.
i. The relationship of the development to surrounding uses and property.
j. Setback on the perimeter of the planned unit development great enough to protect the privacy and amenity of adjoining uses both existing and anticipated. In no case shall the setbacks on the perimeter be less than those required in the zone adjacent.
k. The provision of safeguard facilities for the safety of the occupants from fire and tornado.
4. Site Planning, External Relationships: Site planning the planned unit development shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding areas from potentially adverse influences in the development. In designing a planned unit development, the following shall be:
a. Principal vehicular access shall be from major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. In no case shall streets connect in such a way as to encourage use of minor streets for through traffic.
b. Any access for pedestrians and cyclists entering or leaving a planned unit development shall be arranged to provide safe and convenient routes.
c. To protect visibility for automotive traffic, cyclists and pedestrians, no impediment to visibility between heights of thirty inches (30") and eight feet (8') shall be created or maintained within twenty five feet (25') of the intersection of any right of way or easement lines of any street.
d. No intensive recreational or commercial use shall be permitted in common space within one hundred fifty feet (150') of the boundary of any adjacent residential district.
5. Site Planning, General Internal Relationships: The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular:
a. Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units, project facilities, and for service and emergency vehicles, but streets shall not be laid out so as to encourage outside traffic to traverse the development on minor streets.
b. Vehicular access to streets from off street parking and service areas shall be designed to channel traffic from and to such areas in a manner which promotes free traffic flow.
c. Walkways shall form a safe and convenient system for pedestrian use.
d. Yards, courts, and other open spaces required herein in relation to structures are intended to assure adequate privacy, desirable outlook, access to and around buildings, and spaces between buildings.
6. Commercial Areas:
a. All proposed commercial facilities shall be planned as an integral part of the design of the planned unit development.
b. Commercial facilities shall be so located and designed as to provide direct access to a major street without creating traffic hazards or congestion as follows:
(1) Buildings and parking areas shall have direct access to a major street.
(2) Layout of parking areas, service areas, entrances, exits, yards, courts, and landscaping, and the control of signs, lighting, noise or other potentially adverse influences shall be such as to protect character within the planned unit development and in any adjoining residential district.
c. Convenience centers shall be subject to the following requirements:
(1) Such facilities shall not occupy more than ten percent (10%) of the total area of the development.
(2) Such facilities shall be located, designed and operated so as to serve primarily the needs of occupants within the planned unit development and shall direct pedestrian access.
(3) Such facilities shall not by reason of their location, construction, manner or timing of operation have signs, lighting, parking arrangement or other characteristics that have adverse effect on residential uses within or adjoining the district, or create traffic congestion or hazard to vehicular or pedestrian traffic. (Ord. 89-54, 6-26-1989)
E. Procedures:
1. Preapplication Conference: Before submitting a petition for a planned unit development, the petitioner shall confer with the village staff on an informal basis to provide information regarding the development, and obtain information and guidance before entering binding commitments or incurring substantial expense.
2. Application Procedures For Preliminary Plan: Application shall be made in accordance with section 9-1-6-7 of this ordinance. Said petition shall be complete with all requirements set forth in section 9-1-6-7 of this ordinance and shall include the preliminary plan as set forth in subsection F of this section.
3. Public Hearing Requirements: The plan commission will hold a public hearing on the planned unit development at the time and on the date stated in the notice. Within thirty (30) days after the closing of the public hearing, the plan commission shall recommend the approval or denial of the proposed planned unit development to the village board of trustees. Said recommendation shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest. These findings shall include, but need not be limited to, the following:
a. In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations.
b. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
c. The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.
d. The physical design of the proposed planned unit development and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment.
e. The compatibility of the proposed planned unit development with adjacent properties and neighborhood.
f. The desirability of the proposed planned development to the physical development and economic well being of the entire community and compatibility with the comprehensive plan.
4. Village Board Approval Of Preliminary Plat: The village board of trustees, upon receiving the report of findings and recommendation of the plan commission, may grant or deny any proposed amendment or may refer it back to the plan commission for further consideration. (Ord. 2009-18, 8-11-2009)
F. Preliminary Development Plan: The preliminary development plan shall include the following:
1. Site Plan: A map showing streets, lots, parcels and sites for all uses included in the planned unit development, including areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and quasi-public uses of common use areas, drawn to scale.
2. Plot Plan: A plot plan for each building site and common open area, showing the approximate location of all buildings, structures and improvements and indicating the open space around buildings and structures. Such plan will include an approximate density of dwelling units where applicable, drawn to scale.
3. Engineer Site Plan: An engineering site plan including:
a. Topographic information including existing and proposed grades for foundations, paving, drainage areas and utilities.
b. Geometric information on existing and proposed streets, sidewalks, parking facilities, rights of way, etc.
c. Location of existing and proposed utilities and public improvements such as storm and sanitary sewer, water main, lighting, pavement, sidewalks, fences, etc.
d. Location of existing and proposed easements for utilities, public improvement or access. Provisions for stormwater retention.
The design criteria for roadway and drainage improvements shall comply with the standards for the village of Fox Lake subdivision ordinance.
4. Schematic Design: A schematic design presentation indicating the architectural character of all proposed structures and improvement except single-family detached residences and their accessory buildings. The drawings need not be the result of final architect decisions and need not be in detail.
5. Development Schedule: A development schedule indicating:
a. The approximate date when construction of the project can be expected to begin.
b. The stages in which the project will be built and the date when construction of each stage can be expected to begin.
c. The date when the development of each of the stages will be completed.
d. The area and location of a common open space that will be provided at each stage.
6. Proposed Agreements: Proposed agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open areas or other facilities.
7. Traffic Analysis: A detailed traffic analysis shall be prepared by a professional engineer active in the field of traffic engineering. The analysis shall be made for the purpose of determining the impact made by the increased traffic that is generated by the development on the adjacent highway system including the proposed roads in the development. The analysis should include:
a. Basic data including traffic counts, existing and proposed road network geometrics, accident data, signalization, other agency jurisdictions, etc.
b. Manner of ingress/egress to the proposed development.
c. Discussion of impact on existing and proposed street networks.
d. Capacity analysis of affected intersections, to ensure adequate level of service.
e. Discussion of internal traffic circulation pattern.
f. Recommendations, including documentation and graphics. The recommendations shall address capacity, safety, geometrics, signing, pavement marking and sight distances.
g. A projection of the traffic on the designated roads for a twenty (20) year period.
8. Circulation Diagram: A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development to and from existing thoroughfares. (Ord. 89-54, 6-26-1989)
9. Landscaping And Drainage Plan: A tree survey and a landscaping and comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area and its natural features. (Ord. 2002-63, 11-26-2002)
G. Final Development Plan: Within one year of the review of a preliminary development plan, the applicant shall file with the plan commission, a final development plan for the first stage, containing in final form, the information required in the preliminary development plan. In addition to the requirements of the preliminary development plan, the final development plan shall include:
1. A final land use plan suitable for recording with the recorder of deeds.
2. An accurate legal description of the entire area under immediate development within the planned unit development.
3. If subdivided lands are included in the planned unit development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.
4. An accurate legal description of each separate unsubdivided use area, including common open space.
5. Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.
6. Architectural renderings of all buildings and structures of the planned unit development.
7. Certificates, seals and signatures required for the dedication of land and recording the document.
8. Tabulation of each separate unsubdivided use area, including land area and number of dwelling units per gross acre.
9. Final landscaping plan.
10. Utilities and drainage plans.
11. Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open areas or other facilities.
12. Final development and construction schedule.
13. Certificate from the village engineer that all site engineering for the project has been reviewed and approved. (Ord. 2009-18, 8-11-2009)
H. Failure To Begin Development: If no substantial construction has begun or no use established in the planned unit development within the time stated in the final development and construction schedule, the final development plan shall lapse upon written notice to the applicant from the village board of trustees and shall be of no further effect. In its discretion and for good cause, the board of trustees may extend for a reasonable time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the zoning officer shall remove the planned unit development from the official zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the development was approved shall then be in effect.
I. Permits: The building commissioner may issue permits for site or building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations. (Ord. 89-54, 6-26-1989)
J. Enforcement Of Development Schedule: The building commissioner shall periodically review all of the permits issued for the planned unit development, examine all the construction that has taken place on the planned unit development site, and compare actual development with the approved development schedule. If the building commissioner shall find that the owners of the property in the planned unit development area have failed to meet the approved development schedule, or that the rate of construction of dwelling units is greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, he shall forward this information to the village board along with his recommendation on action to be taken.
Thereafter, the board of trustees shall either: 1) revoke the special use permit for the planned unit development with the land reverting to its former classification; or 2) notify the developer's bonding company or bank that the village is declaring the developer in default and requesting proceeds of the developer's bond or letter of credit; or 3) for good cause shown by the developer, extend the time for a reasonable period for the developer to bring the schedule into compliance. (Ord. 2004-22, 4-20-2004)
K. Amending Final Plan:
1. Minor Changes: Minor changes in the location, siting and height of buildings and structures may be reviewed and authorized by the building commissioner, if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the cube of any building or structure by more than ten percent (10%).
2. Major Changes: All other changes in time schedule and in use, any rearrangements of lots, blocks, building tracts, and changes in the provision for common open space and all other changes in the approved final development plan shall be made by the board of trustees upon recommendation of the plan commission, who shall hold a public hearing in accordance with the requirements for a public hearing on a preliminary plan. No amendments may be made in the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved. A self-imposed hardship shall not be a valid reason for a change. (Ord. 2009-18, 8-11-2009)
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