A. Preliminary Meeting With The Joint Plan Commission And Zoning Board Of Appeals: An applicant for a special use permit for a PMD is encouraged, but is not required, to request to meet with the PCZBA prior to submitting a Development Concept Plan pursuant to subsection B of this section to obtain feedback from the PCZBA on its potential application for a special use permit for a PMD. Such meeting shall occur at a public meeting of the PCZBA.
B. Development Concept Plan:
1. Purpose: The Development Concept Plan provides an applicant the opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed PMD without incurring undue initial costs. The initial required public hearing is based on the Development Concept Plan, thus permitting public consideration of the proposal at the earliest possible stage. Once approved, the Development Concept Plan binds the applicant to the following basic elements of development:
a. Categories of uses to be permitted;
b. General location of land uses;
c. Overall maximum intensity of uses;
d. The general architectural style of the proposed development;
e. If applicable, general location and extent of public and private open space including pedestrian and recreational amenities;
f. General location of vehicular and pedestrian circulation systems;
g. Preliminary staging of development;
h. If applicable, general nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant; and
i. Other elements as may be included in the approved Development Concept Plan.
2. Application: An application for approval of a Development Concept Plan shall be filed in accordance with the requirements of section 10-15-6 of this chapter.
3. Public Hearing: A public hearing shall be set, noticed, and conducted by the PCZBA in accordance with subsection 10-2C-10 of this title.
4. Action By PCZBA: No later than the second regularly-scheduled and held meeting of the PCZBA after the conclusion of the public hearing, the PCZBA shall make a recommendation to the Board of Trustees that the Development Concept Plan either be approved, be approved subject to modifications, or not be approved. The failure of the PCZBA to make its recommendation by the second regularly-scheduled and held meeting of the PCZBA after the conclusion of the public hearing, or such further time to which the applicant may agree, shall be deemed a decision to make no recommendation on the Development Concept Plan as submitted.
5. Optional Submittal To The Architectural Board Of Review: After the conclusion of the public hearing by the PCZBA concerning the Development Concept Plan, the applicant may request that the Architectural Board of Review conduct an informal workshop meeting for the purpose of providing comments on the Development Concept Plan, which meeting, if requested and held, shall take place prior to the consideration of the Development Concept Plan by the Village Board.
6. Action By Board Of Trustees: Within sixty (60) days after the date of the recommendation of the PCZBA, or its failure to act, as provided in subsection B4 of this section, the Board of Trustees shall consider the recommendation of the PCZBA, and then either shall deny the application for approval of the Development Concept Plan, shall refer it back to the PCZBA for further consideration of specified matters, or, by ordinance duly adopted, shall approve the Development Concept Plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval; provided, however, that every such ordinance shall be expressly conditioned upon approval of a special use permit and Final Plan in accordance with subsection C of this section, and upon the applicant's compliance with all provisions of this Code and the ordinance granting the special use permit.
7. Effect Of Development Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing a Final Plan or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this Code or any approval granted pursuant to it, the Village shall not, without the consent of the applicant, take any action to modify, revoke, or otherwise impair an approved Development Concept Plan with respect to the elements of development set forth in subsection B1 of this section pending the application for approval of a Final Plan. In submitting such plans, the applicant shall be bound by the approved Development Concept Plan with respect to each such element.
C. Final Plan:
1. Purpose: The Final Plan is intended to particularize, refine, and implement the Development Concept Plan and to serve as a complete, thorough, and permanent public record of the planned mixed-use development and the manner in which it is to be developed.
2. Application: After approval of the Development Concept Plan, the applicant shall file an application for Final Plan approval in accordance with the requirements of section 10-15-6 of this chapter within one (1) year after the date of such approval or in stages as approved in the Development Concept Plan. The application shall be in substantial conformity with the approved Development Concept Plan. If a completed application for Final Plan approval has not been properly filed within one (1) year after the approval date of the Development Concept Plan, the approval of the Development Concept Plan shall be deemed void.
3. Public Hearing: A public hearing to consider the Final Plan shall be set, noticed, and conducted by the PCZBA in accordance with subsection 10-2C-10 of this title.
4. Coordination With Subdivision Ordinance: When a subdivision of land subject to the Village's subdivision ordinance is proposed or required in connection with a PMD, review of the subdivision, including without limitation submittal and approval of plats of subdivision, shall proceed concurrently with review of the PMD and be completed simultaneously with review of and action on the Final Plan during the PMD process, and no further public process shall be required for the PMD to obtain subdivision approval.
5. Action By PCZBA:
a. Evaluation: Within sixty (60) days after the filing of an application for approval of a Final Plan, the PCZBA shall, with such aid and advice of the Village staff and consultants as may be appropriate, commence its public hearing to review and make its recommendation on the plan. Such review shall consider:
(1) Whether the Final Plan is in substantial conformity with the approved Development Concept Plan; and
(2) The merit or lack of merit of any departure of the Final Plan from substantial conformity with the approved Development Concept Plan; and
(3) Whether the Final Plan complies with any and all conditions imposed by approval of the Development Concept Plan; and
(4) Whether the Final Plan complies with the provisions of this chapter and all other applicable Federal, State, and Village codes, ordinances, and regulations.
b. Recommendation Of Approval Based On Substantial Conformity: If the PCZBA finds substantial conformity between the Final Plan and the approved Development Concept 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 Development Concept Plan and with the provisions of this chapter and all other applicable Federal, State, and Village codes, ordinances, and regulations, it shall transmit the plan to the Board of Trustees with its recommendation that the Board of Trustees, by ordinance duly adopted, approve the Final Plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and shall grant a special use permit authorizing the Final Plan of the proposed PMD and such additional approvals as may be necessary to permit development of the PMD as approved.
c. Recommendation Of Approval Without Substantial Conformity: If the PCZBA finds that the Final Plan is not in substantial conformity with the Development Concept Plan but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this Code, it shall transmit the plan to the Board of Trustees with its recommendation that the Board of Trustees, by ordinance duly adopted, approve the Final Plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and shall grant a special use permit authorizing the Final Plan of the proposed PMD and such additional approvals as may be necessary to permit development of the PMD as approved.
d. Recommendation Of Denial: If the PCZBA finds that the Final Plan is not in substantial conformity with the approved Development Concept Plan and does not merit approval, or if the PCZBA requires modifications to the Final Plan that are not accepted by the applicant, then the PCZBA shall transmit the plan to the Board of Trustees together with its recommendation that the Final Plan not be approved.
e. Failure To Act: The failure of the PCZBA to commence its public hearing within sixty (60) days, or such further time to which the applicant may agree, shall be deemed a decision to make no recommendation to the Board of Trustees regarding the Final Plan as submitted.
6. Action By Architectural Board Of Review: No later than sixty (60) days after the conclusion of the public hearing by the PCZBA concerning the Final Plan, the Architectural Board of Review will conduct a public meeting for the purpose of conducting a design review pursuant to section 10-2C-6 of this title concerning the Final Plan. Within thirty (30) days after the conclusion of the public meeting, the ABR shall make its recommendation to the Board of Trustees that the Final Plan design be approved, be approved subject to modifications, or not be approved. The failure of the ABR to make its recommendation within thirty (30) days after the conclusion of the public meeting, or such further time to which the applicant may agree, shall be deemed a decision to make no recommendation on the Final Plan design as submitted.
7. Action By Board Of Trustees: Within sixty (60) days after the ABR and the PCZBA have made their respective recommendations, or their failure to act as provided in subsections C5 and C6, respectively, of this section, the Board of Trustees shall proceed as follows:
a. Approval Based On Substantial Conformity: If the PCZBA has recommended approval of a Final Plan pursuant to subsection C5b of this section, the Board of Trustees shall, unless it specifically rejects one (1) or more of the findings of the PCZBA on the basis of expressly stated reasons, approve the Final Plan by a duly adopted ordinance; or
b. Approval Without Substantial Conformity: In any case other than that specified in subsection C7a of this section, the Board of Trustees may, if it finds that the Final Plan merits approval and otherwise conforms to the requirements of this title, approve the Final Plan by a duly adopted ordinance; or
c. Referral Back To PCZBA: In any case other than that specified in subsection C7a of this section, the Board of Trustees may refer the Final Plan back to the PCZBA for further consideration of specified matters; or
d. Conditions On Final Plan Approval: The approval of any Final Plan may be granted with or without modifications and conditions to be accepted by the applicant as a condition of approval.
8. Recording Of Final Plan: When a Final Plan is approved, the Village Administrator shall cause the Final Plan and special use permit ordinance, or the portions thereof as are appropriate, to be recorded with the Lake County Recorder.
9. Limitation On Final Plan Approval: Construction shall commence in accordance with the approved Final Plan within one (1) year after the approval of such plan, or within such time as may be established by the approved development schedule pursuant to the special use permit ordinance. Failure to commence construction within such period shall, unless an extension of time shall have been granted by the Village Administrator, automatically render void the Final Plan approval and all approvals of the planned mixed-use development and all permits based on such approvals, and the Village Administrator shall, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned mixed-use development that have not yet been completed.
10. Building And Other Permits: Except as provided in this subsection C10, appropriate officials of the Village, after receiving notice from the Village Administrator that the documents required for Final Plan approval have been approved and upon proper application by the applicant, may issue building and other permits to the applicant for the development, construction, and other work in the area encompassed by the approved Final Plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the Village, in addition to this chapter, that are applicable to the permit sought, have been satisfied. Building permits may, however, be withheld at the discretion of the Village Administrator or the Board of Trustees at any time it is determined that the development of the PMD is not undertaken in strict compliance with the approved Final Plan. (Ord. 2016-23, 9-12-2016)