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Before recommending approval of a preliminary plan for a planned unit development (PUD), the plan commission shall make the following findings:
A. Superior Design: That the preliminary plan represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and that solely on this basis, modifications to the use and design standards established by these regulations are warranted.
B. Meets PUD Requirements: That the preliminary plan meets the requirements for planned unit developments set forth in this chapter, and that no modifications to the use and design standards otherwise applicable are allowed other than those permitted herein. (Ord. 99-02, 1-7-1999)
C. Consistent With Village Plan: That the preliminary plan is consistent with the village official comprehensive plan. (Ord. 99-02, 1-7-1999; amd. 2011 Code)
D. Public Welfare: That the preliminary plan will not be detrimental to the public health, safety, morals, or general welfare.
E. Compatible With Environs: That neither the preliminary plan nor any portion thereof will be injurious to the use and enjoyment of other properties in its vicinity, seriously impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.
F. Natural Features: That the design of the preliminary plan is consistent with the preservation of natural features of the site such as floodplains, wooded areas, natural drainageways, or other areas of sensitive or valuable environmental character.
G. Circulation: That streets, sidewalks, pedestrianways, bicycle paths, off street parking, and off street loading, as appropriate to the planned land uses, are provided. That they are adequate in location, size, capacity, and design to ensure safe and efficient circulation of automobiles, trucks, bicycles, pedestrians, firetrucks, garbage trucks, and snowplows as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the preliminary plan, or unduly interfering with the safety or capacity of adjacent thoroughfares.
H. Open Spaces And Landscaping:
1. That the quality and quantity of common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a preliminary plan. That the size, shape, and location of a substantial portion of total common open space provided in residential areas render it usable for recreation purposes.
2. That open space between all buildings is adequate to allow for light and air, access by firefighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. That open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.
I. Covenants: That, where individual parcels are to be later sold, adequate provision has been made in the form of deed restrictions, homeowners' or condominium associations, and the like for:
1. The preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the village.
2. The control of the use and exterior design of individual structures; such provision to be binding on all future ownership.
J. Land Use: That adjacent land uses within the preliminary plan are compatible with each other, and that PUD land uses adjoining properties not part of the preliminary plan are compatible with land uses permitted on those properties. (Ord. 99-02, 1-7-1999)
K. Services: That the land uses, intensities, and phasing of the preliminary plan are consistent with the anticipated ability of the village, the school districts, and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools, and other public facilities and services without placing undue additional burden on existing residents and businesses. (Ord. 99-02, 1-7-1999; amd. Ord. 2014-15, 3-20-2014)
L. Phasing: That each proposed development phase of the PUD can, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed. (Ord. 99-02, 1-7-1999)