(A) Authority. The Board of Trustees may, in accordance with the procedures and standards set forth in this section, and by ordinance duly adopted, grant special uses authorizing the development of planned unit developments pursuant to the provisions of this section for the development or redevelopment of any parcel of land, or group of contiguous parcels of land that are located in the B Business District.
(B) Purpose and intent.
(1) Purpose. The purpose of this section is to make available a special use procedure that departs from the strict application of the specific zoning requirements of the B Business District in an effort to promote excellence in project design on the part of owners, builders, architects and applicants and to produce developments which are in keeping with the overall land use, open space and other objectives of the village comprehensive plan. This special regulatory technique is included in the village code in recognition that traditional bulk, use, yard and other regulations may impose less appropriate regulations upon the development of lots or areas that lend themselves to an individual, planned approach.
(a) To facilitate a development pattern that is consistent with the objectives of the village comprehensive plan and with the purpose as defined in this subchapter, which promotes compatible land uses with surrounding neighborhood;
(b) To permit a creative approach to the development and redevelopment of land in the B Business District;
(c) To achieve a more desirable physical environment by allowing greater flexibility in building design, and site plan layout, and use than would be possible through the strict application of the generally applicable zoning and subdivision regulations;
(d) To allow more efficient use of the land resulting in more economic networks of utilities, streets and other facilities;
(e) To encourage land uses that promote public health, safety and welfare; and
(f) To allow the relaxation of certain otherwise applicable substantive requirements based upon procedural protections that provide for the detailed review of individual proposals for more significant developments in the B Business District.
(C) Requirements and standards. All planned unit developments shall be subject to the requirements and standards of this section. Subject to the applicant complying with the provisions of this section, a planned unit development may deviate from strict conformance with the required density, dimension, area, bulk, use, and other regulations applicable to the property upon which the planned unit development is located, but only to the extent specified in the ordinance approving the final planned unit development, and excluding the regulations found in §§ 153.205 through 153.335.
(1) Special use standards. No special use for a planned development shall be recommended or granted pursuant to this section unless the applicant shall establish that, in addition to the standards set forth in this section 153.246(C), the proposed development will meet each of the standards made applicable to special uses pursuant to § 153.245(G).
(2) Minimum area of development. The applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives of planned unit developments pursuant to this section.
(3) Unified ownership required. The entire property proposed for planned development treatment shall be in single ownership or under unified control as to ensure that the entire property will be developed as a unified whole. All the owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owner and all tracts.
(4) Compliance with village code required. Construction and improvements with any planned unit development shall comply with all applicable village ordinances. Any proposed deviation from village standards or requirements must be clearly listed on the preliminary plan application and fully justified as being both necessary to the proper development of the property and consistent with the objectives set forth in the applicable section of the village code.
(5) Design requirements. The planned unit development as a whole, as well as the individual buildings and site improvements constructed as part of the planned unit development, shall be in general conformity with the Kenilworth Design Guidelines—Business District.
(6) Compatibility of uses and design. The uses permitted in the planned unit development shall be compatible with each other and with existing land uses in the surrounding area. Uses shall be deemed compatible if all of the following criteria are met.
(a) The individual uses in the planned unit development must be permitted uses or permitted special uses in the B Business District, unless a use deviation is approved by the Board of Trustees. Any individual use that is allowed only as a special use in the B Business District must individually meet the standards for the granting of special use permits, as established in § 153.245.
(b) The uses must be designed and located in conformity with the surrounding development and adjacent properties.
(7) Covenants and restrictions to be enforceable by village. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned unit development shall provide that they may not be modified, removed or released without the express consent of the Board of Trustees and that they may be enforced by the village as well as by future landowners within the proposed development.
(8) Public open space and contributions. Whenever the village comprehensive plan or official map indicates that development of a planned unit development will create a need for land for public purposes of the village within the proposed planned unit development, the Board of Trustees may require that the area be designated and to the extent the need is specifically and uniquely attributable to the proposed development, dedicated to the village for the use. In addition, the Board of Trustees may require evidence that all requirements of village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned unit development.
(9) Common open space.
(a) Amount, location and use. When common open space is provided in a planned unit development, the amount and location of the open space shall be consistent with its intended function as set forth in the application and planned unit development plans. No open space shall be used for the construction of any structure or improvement except the structures and improvements as may be approved in the final plan as appropriate to the intended leisure and recreational uses for which the open space is intended.
(b) Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement or development other than that shown on the approved final plan. The restrictions must be permanent and not for a given period of years and must run with the land.
(c) Ownership and maintenance. The final plan shall include provisions for the ownership and maintenance of the open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if the open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned unit development or the village.
(10) Property owners’ association. When the requirements of paragraph(C)(9) above are to be satisfied by the ownership or maintenance of the open space or improvements by a property owners’ association, the association shall meet each of the following standards.
(a) The bylaws and rules of the association and all declarations, covenants and restrictions to be recorded must be approved as part of the final plan prior to becoming effective. Each document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this subsection.
(b) The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned unit development designated to have the exclusive use of the proposed open space or improvements.
(c) The association must be responsible for casualty and liability insurance, taxes and the maintenance of the open space and improvements to be deeded to it.
(d) Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of open space or improvements.
(e) Every property having a right to the use or enjoyment of the open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the state.
(f) The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize the adjustment shall not be fixed at more than 51% of the members voting on the issue.
(g) The village must be given the right, but not the obligation, to enforce the covenants.
(h) The village must be given the right, after ten days’ written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for the work and to have a lien against the property of any member failing to pay the assessment. For this purpose alone, the village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.
(11) Landscaping and perimeter treatment. Any area of a planned unit development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned unit development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or human-made buffers.
(12) Utilities. All utility lines shall be installed underground.
(13) Traffic plan. The final plan for the planned unit development shall include a traffic plan that identifies points of ingress and egress, streets, alleys and interior circulation routes. The traffic plan shall be designed to minimize traffic congestion in the public streets adjoining the planned unit development and to facilitate the free flow of both vehicular and pedestrian traffic, within the planned unit development. The streets, alleys and other traffic thoroughfares approved in planned unit development shall comply with the minimum requirements of the village’s ordinances, rules and regulations, unless a deviation is approved by the Board of Trustees.
(14) Range of uses. The planned unit development shall accommodate, as appropriate, a mix of office/service, retail commercial, and residential land uses.
(15) Enhancing community. The planned unit development shall promote a strong community identity and opportunities to interact while building a healthy commercial tax base.
(16) Public benefit. The planned unit development shall provide a substantial benefit to the village and the public by maintaining the essential quality, viability and attractiveness of village’s business district while encouraging new economic development consistent with the character of the village.
(D) Supplemental standards. The appropriateness and viability of a planned unit development may also be evaluated by the Plan Commission and the Board of Trustees based on the following supplemental criteria:
(1) Additional landscaping, buffering or screening within or around the perimeter of the planned unit development;
(2) Location and screening of parking facilities;
(3) Community amenities (such as, but not limited to, public art and gardens, public transportation shelters);
(4) Inclusion of sustainable design and green architecture;
(5) Preservation of environmental features; and
(6) Preservation of historic features.
(E) Procedural requirements.
(1) General requirements. All applications for planned unit developments shall be subject to the standards and procedures established in this subchapter.
(2) No precedent. No planned unit development approval shall be deemed to establish any precedent requiring the approval of any subsequent application.
(F) Pre-application conference. Prior to filing an application for a planned unit development, the prospective applicant shall request an informal conference with the Administrative Official to discuss the proposed planned unit development. The pre-application conference does not require either the payment of an application fee or the filing of an application.
(G) Neighborhood meeting.
(1) The prospective applicant shall schedule, provide notice of, conduct and attend a meeting with the persons required to be notified under § 153.249. The purpose of the meeting shall be to broadly acquaint the neighboring owners and residents with the applicant’s proposal and to provide the applicant with any preliminary view or concerns that neighboring owners and residents may have at a time when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for formal application.
(2) A copy of the notice and the mailing list shall be filed with application along with a written summary of any comments, suggestions or recommendations regarding the preliminary application made at the meeting.
(H) Procedures for preliminary plan approval.
(1) Application review. Upon receipt of a properly completed application for approval of a preliminary planned unit development plan, the Administrative Official shall review the application for compliance with all applicable requirements. Completed applications will be then be forwarded to the Plan Commission and the Architectural Review Commission for their respective reviews and recommendations.
(2) Plan Commission. The Plan Commission shall hold a public hearing in accordance with this subchapter. Notices for the public hearings shall be issued in the manner provided in § 153.249.
(3) Architectural Review Commission. The Architectural Review Commission shall review and provide consulting recommendations on the application for preliminary plan approval at a public meeting. The Architectural Review Commission shall provide comment and recommendations to the Plan Commission as to whether the building design, landscape plan and other proposed exterior aspects of the planned unit development are in conformity with the Kenilworth Design Guidelines—Business District.
(4) Findings and recommendations.
(a) Within 30 days following the date of the completion of the Architectural Review Commission meeting on the application for preliminary plan approval, the Architectural Review Commission shall forward a written copy of its recommendations to the Plan Commission.
(b) Within 30 days after receiving the Architectural Review Commission’s recommendations or the conclusion of the Plan Commission’s public hearing, whichever is later, the Plan Commission shall forward to the Board of Trustees:
1. A written copy of the Architectural Review Commission’s recommendations on the factors in paragraph(H)(3) above; and
2. The Plan Commission’s recommendation to either approve the preliminary plan, approve the preliminary plan with modifications or deny approval of the preliminary plan.
(c) The Plan Commission shall enter written findings on the standards for planned unit development approval as set forth in this subchapter. The findings of the Plan Commission shall be based on the particular facts and circumstances of the proposed development, as established through the application materials, record made in the proceedings before that body and matters of public record. The Plan Commission shall specify, in a separate conclusion or statement, the stipulations, restrictions or conditions, including, but not limited to, the operations of the planned unit development, that it deems necessary to assume the protection of public health, safety, comfort, morals or welfare.
(d) No planned unit development nor deviation shall be recommended for approval unless the Plan Commission shall find that the preliminary plan is in conformity with the standards set forth in this section.
(5) Board of Trustees.
(a) Within 75 days following the receipt of the recommendations of the Plan Commission and the Architectural Review Commission by the Board of Trustees at a public meeting, the Board of Trustees shall either deny the application for approval of the preliminary plan; shall remand it back to the Plan Commission for further consideration of specified matters; or shall, by resolution duly adopted, approve the preliminary plan, with or without modifications and conditions to be accepted by the applicant as a conditions of the approval, and refer the matter to the Plan Commission for processing of the final plan in accordance with this section. The failure of the Board of Trustees to act within the timeframe set forth in this section, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the preliminary plan.
(b) The Board of Trustee’s decision to grant or deny an application for preliminary plan approval shall be based on the particular facts and circumstances of the proposed planned unit development, as established through the application materials, the record made in all proceedings on the application, matters of public record and those matters of public policy as the Board deems relevant to its consideration of the application.
(6) Coordination with subdivision regulations. When a subdivision of land subject to the village subdivision regulations in the village code is proposed in connection with a planned unit development, review of the tentative plat of the proposed subdivision shall be carried out simultaneously with review of the preliminary plan.
(7) Simultaneous submittal of a final plan. The applicant may, at his or her option, submit a final plan for a proposed planned unit development pursuant to the requirements of paragraphs (I)(1) through (I)(7) simultaneously with the submittal of a preliminary plan. In that case, the applicant must comply with all provisions of this code applicable to the submittal of the preliminary plan and the submittal of the final plan. The Plan Commission, Architectural Review Commission, and Board of Trustees will consider such plans simultaneously, applying the standards for both preliminary and final plans, and shall approve is deny the final plan in accordance with the provisions of this § 153.246.
(I) Procedures for final plan approval.
(1) Application review. Upon receipt of a properly completed application for a final planned unit development plan, the Administrative Official shall review the application for substantial compliance with approved preliminary plan. If the Administrative Official determines the final plan substantially conforms to the preliminary plan, the final plan will be reviewed in accordance with paragraphs (I)(2) through (I)(6) below. If the Administrative Official determines the final plan does not substantially conform to the preliminary plan, the final plan will be reviewed in accordance with paragraph (H) above.
(2) Plan Commission. The Plan Commission shall hold a public meeting in accordance with this subchapter.
(3) Architectural Review Commission. The Architectural Review Commission shall consider the application for final plan approval at a public meeting. The Architectural Review Commission shall provide comment and recommendations to the Plan Commission regarding the factors identified in paragraph (H)(3) above.
(4) Findings and recommendations.
(a) Within 30 days following the date of the completion of the Architectural Review Commission meeting on the application for final plan approval, the Architectural Review Commission shall forward a written copy of its recommendations to the Plan Commission.
(b) Within 30 days after receiving the Architectural Review Commission’s recommendations or the conclusion of the Plan Commission’s public meeting, whichever is later, the Plan Commission shall forward to the Board of Trustees:
1. A written copy of the Architectural Review Commission’s recommendations on the factors in paragraph (H)(3) above; and
2. The Plan Commission’s recommendation to either approve the final plan, approve the final plan with modifications or deny approval of the final plan.
(c) The Plan Commission shall enter written findings affirming or, based on a substantial change (as defined in subparagraph (I)(4)(d) below), revoking the Plan Commission’s prior findings for planned unit development approval as set forth in paragraph (H)(4)(c) above.
(d) No final plan for a planned unit development shall be recommended for approval, nor deviations recommended for approval for a planned unit development, unless the Plan Commission determines that the final plan for the planned unit development substantially conforms to the approved preliminary plan without a request to amend the preliminary plan. No final plan for a planned unit development will be presented for final approval if it contains a substantial change from the approved preliminary plan, unless the procedures described in paragraph (H) above are first follwed to consider the substantial change. For the purposes of this section a substantial change is a change that alters the concept or intent of the planned unit development; changes the plan’s density, changes the height of any building, changes proposed open space, makes material changes in architectural design, makes a material change to the development schedule, or changes the governing agreements, provisions or covenants for the development.
(5) Board of Trustees.
(a) Within 75 days following the receipt of the recommendations of the Plan Commission and the Architectural Review Commission by the Board of Trustees at a public meeting, the Board of Trustees shall either deny the application for approval of the final plan; shall remand it back to the Plan Commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the final plan and any related deviations, with or without modifications and conditions to be accepted by the applicant as a conditions of the approval. The failure of the Board of Trustees to act within the timeframe set forth in this section, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the final plan.
(b) The Village Board, in the exercise of its discretion, may accept, reject or modify any conditions or restrictions that the Plan Commission may recommend, or otherwise impose its own conditions. The conditions shall be expressly set forth in the ordinance approving the final plan. The ordinance shall also identify any deviations that have been approved as part of the application.
(c) The Board of Trustees’ decision to grant or deny an application shall be based on the particular facts and circumstances of the proposed development, as established through the application materials, the record made in all proceedings on the application, matters of public record and matters of public policy as the Board deems relevant to its consideration of the application.
(d) The Village Board of Trustees shall not grant approval of a final plan unless it finds substantial conformity between the final plan and the approved preliminary plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plan and with the provisions of this subchapter and all other applicable federal, state and village codes, ordinances and regulations.
(6) Recording of the final plan. When a final plan is approved, the Administrative Official shall cause the final plan and ordinance approving the same to be recorded with the Recorder of Deeds of the county.
(7) Engineering approval. The final plan for a planned unit development will not be processed until detailed engineering plans have been reviewed and approved by the Village Engineer.
(J) Amendments to planned unit developments.
(1) Major changes.
(a) Procedure for major changes. An applicant seeking a major change after a final plan has been approved shall seek an amendment to the final plan by submitting a new preliminary plan and supporting data and following the procedures for preliminary approval, as established in this section. Major changes to an approved final plan may be granted only by the Board of Trustees pursuant to an ordinance approving the amended plan.
(b) Major changes defined. Changes that alter the concept or intent of the planned unit development, including changes that increase the development’s density by 10% or more, changes that increase the height of buildings by 10% or more, changes in use, except as allowed by the ordinance approving the final plan, changes that decrease open space by 10% or more, changes to architectural design that are inconsistent with the Kenilworth Design Guidelines—Business District, material changes in the development schedule, and material changes in the final governing agreements, provisions or covenants shall all be considered major changes to the approved plan.
(2) Minor changes.
(a) Procedure for minor changes. A proposed minor change after a final plan has been approved may be presented directly to the Village Board of Trustees for consideration. The Village Board of Trustees may approve minor changes in the planned unit development plan by ordinance duly adopted without further proceedings, provided it finds that the proposed change does not change the concept or intent of the development.
(b) Minor changes defined. Minor changes are defined as any change to an approved final plan that is not defined as a major change.
(K) Failure to complete project according to plans. Each ordinance approving a final plan for a planned unit development shall contain additional conditions regarding the revocation of the final plan approval as the Board of Trustees may deem appropriate.
(Ord. 1024, passed 8-10-2009; Ord. 1098, passed 4-29-2013; Ord. 1340, passed 10-23-2023)