In the event that a proposed PUD or PCD includes any use that is designated by this chapter as a conditional use, prior to or contemporaneously with the submission of an application for approval of the PUD or PCD as set forth below the applicant shall apply to the Board of Zoning and Building Appeals for approval of such conditional use pursuant to Chapter 1145. No proposed PUD or PCD that includes such a conditional use may be approved by Council until such conditional use has received a final approval pursuant to Chapter 1145.
(a) The owner or developer of the land shall submit an application in writing to the Village Manager or his/her designee for consideration. Such application shall include eight copies of a Development Plan for the entire area proposed to be developed in the Planned District classification. The Plan shall include information required under Section 1171.03(c) and drawings sufficient to determine adherence to the requirements of the Zoning Ordinance, including, but not limited to: all proposed and neighboring structures shall be located, and the drawings shall delineate the type, color and nature of materials used as well as show square footage, tenant types and expected entrance(s), service and pedestrian areas for the plan, and floor plans and elevations. A sample of exterior materials to be used in the proposed project shall be included as determined necessary by the Commission (except in the case of brick and natural or cultured stone where samples are always required).
The owner or developer shall submit a Site Analysis Plan that identifies and interprets environmental characteristics and other important resources of the property. The required Site Analysis Plan is intended to promote the protection and integration of natural and cultural resources into the development proposal; encouraging designs that are sensitive to environmental features on a site. Mapping and analysis of site resources such as vegetation, slope, historic resources, and drainage patterns of proposed development layouts are some of the primary reasons for incorporating the site analysis into this ordinance's plan information requirements.
The Development Plan should also identify preserved and beneficial open space. An Open Space Management Plan will be required that addresses planned or permitted uses in the open space as well as maintenance and ownership of the open space. Stormwater management facilities may be appropriate in the open space if designed appropriately.
(b) A preliminary plat for the first phase shall be filed in addition to the application and the Plan. It shall include at least twenty percent (20%) of the total acreage within the Development Plan.
(c) The Commission shall review with the applicant the application, the Development Plan and the preliminary plat for Phase I. The Planning Commission shall invite the opinions of the Village Engineer and department heads regarding the application.
(d) In determining the acceptability of the Plan, and in addition to the development and design guidelines set forth in this chapter, the Commission shall consider distances between buildings, setbacks, yard space, suitability of open space systems, traffic accessibility, landscaping plans, engineering feasibility studies, preservation of rate, historically significant, or scenic existing natural resources, topography, or vegetation, construction sequence and time schedule for completion of each phase of the project, and other elements having a bearing on the overall acceptability of the Plan in keeping with the intent of this section.
(e) After review of the application is complete, but before making recommendation to Council, the Commission shall schedule a public hearing on the application. The Village Clerk shall cause notice of the date and time of the hearing to be published in one or more newspapers of general circulation in the Village.
(f) After the public hearing, the Commission, shall prepare a cover memorandum to the application for the Plan, stating its recommendation for approval, approval with modifications, or disapproval of the plan, submit the cover memorandum and the application to Council, and send a copy of the cover memorandum to the applicant. If approval with modifications is recommended, the Commission shall state any modifications it recommends in the cover memorandum. Should the Commission recommend disapproval of the Development Plan, the applicant may resubmit it with modification to the Planning Commission. If the applicant does not resubmit the plan or state his/her intention to do so within seven days after the hearing, the Commission shall forward the application and cover memorandum recommending disapproval of the plan to Council.
(g) Upon receipt of a recommendation, the Clerk shall place the recommendation on the agenda at a subsequent meeting of Council and give public notice of that fact as set forth in Section 3.06 of the Charter. If Council enacts an ordinance approving the Plan, it shall be considered a binding condition upon which such zoning is based. An appropriate notation to that effect shall be made on the face of the four copies of the Development Plan. One copy each shall be retained by the Planning Commission, Clerk, applicant, and Zoning Inspector. With approval of the Commission, minor modifications of the approved Plan may be made. Such modification shall not increase the overall density on the lot or change the essential character of the original approved plan. If the Commission determines that such proposed changes significantly alter the original Plan, such plan must be resubmitted to Council for approval. The developer shall not proceed with construction prior to final approval of both the overall Plan and that specific phase being considered. Any construction that takes place pursuant to preliminary plan approval without final plan approval shall be considered a violation of this Zoning Ordinance and an abatable nuisance. The development shall be in conformance with the Plan, and construction must begin within two years after the effective date of the Ordinance approving the Plan or the approval is void. For Plans with multiple phases, construction must commence within two years of approval of each phase.
(h) If the Development Plan is disapproved by Council, the applicant may consider the reasons for the disapproval, make revisions to the Plan, and resubmit it to the Planning Commission as a new Development Plan.
(Ord. 13-2022. Passed 6-29-22.)