A P.D. shall be granted as a conditional permitted use to the zoning district in which it is located. The Village Council is the final decision-making body. For all purposes herein, a special use shall be considered the same as a conditional permitted use. The process for obtaining a P.D. approval shall be as follows.
(A) Pre-application meeting and concept plan.
(1) Purpose. Prior to filing a formal application for approval of a P.D., the applicant shall request a meeting with the P.D. Review Committee in order to present a concept plan of the proposed P.D. The nature of this meeting is advisory only. Nothing offered or said by the P.D. Review Committee shall be construed as an approval of the project or approval of any particular element of the project. All advice and recommendations are subject to modification during later stages of the approval procedure as outlined in this section, and the petitioner remains responsible for ensuring that all applicable village ordinances and standards are met. The purpose of the pre-application meeting is to help the applicant determine whether:
(a) The concept plan appears to be in compliance with the provisions of this chapter and all other applicable village standards and ordinances.
(b) Any zoning amendment or variation is required in connection with the proposed development.
(c) The concept plan appears to be in conformity with the land-use policies and objectives of the village as expressed in the village comprehensive plan and this chapter.
(2) Creation of P.D. Review Committee. The Mayor with consent of the Village Council may establish a P.D. Review Committee for the purposes of participating in the pre-application meeting. Such a P.D. Review Committee shall consist of the Village Consultants (legal, planning and engineering); the Village Building and/or Zoning Officer; at least one member of the Planning and Zoning Board; and one member of the Village Council. Additional members may be appointed by the Mayor with consent of the Village Council.
(3) Concept plan. For the pre-application meeting, the petitioner should:
(a) Prepare documents describing the nature of the proposed development and the relationship of the proposed P.D. to adjoining uses, both existing and planned, and to the topography and natural features of the site and adjoining lands.
(b) Prepare other documents, as recommended. The village may prepare, publish, and distribute a list of documents and information recommended for the pre-application meeting. This list may include, but is not limited to, such items as street and lot layouts, parking, current site vegetation, and preliminary engineering studies.
(c) Forward the recommended documents to the Planning and Zoning Board Secretary. These documents should be received by the village at least two days prior to the scheduled pre- application meeting.
(4) Review. The P.D. Review Committee shall review the submitted documents and advise the applicant as to the compatibility of the proposed development with the comprehensive plan and this chapter. The recommendations relative to the pre- application review are advisory only, and shall not constitute a waiver from requirements contained in village ordinances.
(5) Additional meetings. The P.D. Review Committee, may request, but not require, additional pre-application meetings with the applicant. The intent of such additional meetings should be to ensure that the proposed P.D. conforms, to the maximum extent possible, with the applicable code provisions, goals and policies of the village.
(6) Report. The Village’s Planning Consultant on behalf of the P.D. Review Committee may prepare a written summary report of any pre- application meeting and forward the report to the Planning and Zoning Board and Village Council.
(B) Preliminary development plan.
(1) Purpose. The purpose of the preliminary development plan is to obtain a recommendation from the Planning and Zoning Board and preliminary approval by the Village Council that the applicant’s intended development of land is acceptable and that the applicant can reasonably proceed with preparation of detailed architecture, engineering, and site and landscape plans.
(2) Submission. An application for approval of a preliminary P.D. plan shall be filed with the Planning and Zoning Board Secretary. The application shall include all information and documentation required by this chapter. The Planning and Zoning Board Secretary shall determine whether the application is in proper form and shall not consider the application as filed until all documents are submitted. Upon receipt and filing of the application the Planning and Zoning Board Secretary will review the application and write a summary of its contents. This summary should include the proposed P.D.’s compliance with village ordinances and suggestions and recommendations. The Planning and Zoning Board Secretary will forward the application with the summary report to the Planning and Zoning Board.
(3) Submittals. See § 15.15.435 below for the materials required for an application for approval of a preliminary development plan.
(4) Public hearing; notice and conduct. The Planning and Zoning Board shall schedule and hold a public hearing on the application for conditional permitted use for a P.D. and preliminary development plan. Notice for the public hearing shall be in accordance with the provisions of § 15.15.450 below. The Planning and Zoning Board shall preserve a record of the public hearing in such a manner as the Planning and Zoning Board shall, by rule, prescribe from time to time.
(5) Planning and Zoning Board recommendations. The Planning and Zoning Board shall make written findings of fact and shall submit it together with its recommendations to the Village Council. Requirements for findings of fact for planned development applications are explained in § 15.15.440 below.
(6) Village Council actions. The Village Council shall review the Planning and Zoning Board’s findings of fact and recommendations, and following such review may approve, deny or approve with modification the final development plan of the proposed P.D.
(C) Status of preliminary development plan.
(1) Approval of a preliminary development plan shall not constitute approval of the final plan, nor qualify a plat of the P.D. for recording. Rather it shall be deemed an expression of approval of the preliminary plan as a guide for preparation of the final plan. Furthermore, the approval of the preliminary development plan shall vest no rights to the applicants other than to be able to submit a final development plan.
(2) A preliminary development plan which has been granted approval as submitted, or approval with conditions or modifications, shall not be modified, revoked or otherwise impaired by action of the village, pending an application for final approval, without the consent of the applicants, provided that application for final approval is filed within any time or times that may be specified in the resolution granting preliminary approval.
(D) Final development plan.
(1) Purpose. The purpose of the final plan is to provide a detailed design for the land to be subdivided, as well as the division of other lands into common open spaces and building areas, and to more specifically address land uses and building locations, engineering, and architectural design.
(2) Submission. The application for approval of the final development plan of a P.D. may be submitted in phases. An application for approval of the final development plan or for a phase of the final development plan shall be filed with the Planning and Zoning Board Secretary. The application shall include all information and documentation required by this chapter. Upon conclusion that the application includes all required documents, the Planning and Zoning Board Secretary will forward the application to the Planning and Zoning Board for review and recommendation.
(3) Submittals. See § 15.15.435 below for the materials required for an application for approval of a final development plan.
(4) Public meeting. The Planning and Zoning Board shall hold a public meeting on the application for a conditional permitted use for a P.D. and final development plan or any phase of the development plan and shall preserve a record of the proceedings in such a manner as the Planning and Zoning Board shall, by rule, prescribe from time to time.
(5) Planning and Zoning Board recommendations. The Planning and Zoning Board shall make written findings of fact and shall submit it together with its recommendations to the Village Council. Requirements for findings of fact are explained in § 15.15.440 below.
(6) Village Council actions. The Village Council shall review the Planning and Zoning Board’s findings of fact and recommendations, and following such review may approve, deny, or approve with modification the final development plan of the proposed planned P.D. If the final development plan is approved, the Village Council shall adopt an ordinance authorizing the P.D. as a conditional permitted use. Supporting documents shall be attached to the ordinance as exhibits.
(Ord. VG06-416, passed 10-23-2006)