A PRD may be granted as a Special Use in accordance with the following procedures:
ILLUSTRATION 10-17-7
PRD PROCEDURE FLOWCHART
PRD PROCEDURE FLOWCHART
A. Informal Review: Before submitting an application for a PRD, an applicant must meet with Village Administrator (or the Administrator’s designee) to review the proposed development. The applicant shall present the general intent of the development and receive feedback regarding the extent to which the proposed development may be responsive to Village plans, policies and codes. The Village Administrator will describe the Village’s PRD review process. The informal review does not require the filing of a formal application or fee. Applicants are advised to provide information to the Village before or during the informal review that generally describes the proposed land use, property size, and character of the anticipated development. The informal review and the feedback provided during the informal review shall not constitute or be deemed to provide any approvals or commitments from the Village related to the proposed PRD.
B. Community Meeting: Following the informal review set forth in Section 10-17-7.A, the applicant is encouraged, but not required, to hold a community meeting open to the public to share information about the proposed development. This step can provide information regarding community insights about the proposal, which applicants can use to prepare their applications for PRDs. The community meeting may alternatively be conducted after the preapplication stage set forth in Section 10-17-7.C.
C. Preapplication:
1. Preapplication Meeting: Prior to filing any application for a PRD, an applicant for a PRD must appear before a joint meeting of the PCZBA and Architectural Board of Review (ABR) at a workshop to present the general nature of the proposed development. As part of this workshop meeting, the PCZBA and ABR may ask questions and share feedback with the applicant. The PCZBA / ABR members may also provide the applicant with their initial impressions regarding the extent to which the proposal is or is not consistent with PRD standards, and the Village’s development goals and policies. The preapplication meeting and the feedback provided during the preapplication meeting shall not constitute or be deemed to provide any approvals or commitments from the Village related to the proposed PRD.
2. Materials to be Provided for Preapplication Meeting: At least two weeks prior to the preapplication meeting, the applicant must provide the Village the following materials:
a. General Statement: A written statement explaining the character and intent of the proposed PRD and how it reflects the Village’s Comprehensive Plan and development goals. The statement must specify any relief to be requested from the otherwise applicable provisions of this Title.
b. General Site Information: Data regarding the total acreage of the development site and number of acres anticipated for individual land uses; number of dwellings units by type; total square feet of nonresidential development; presence of any historic features; proposed access points to nearby roads and utilities; existing easements on the site; and other information requested by the Village Administrator.
c. Sketch Plan: A scaled drawing in sketch form showing the anticipated location of land uses, streets, lots, general site topography, recreation areas, environmental areas, stormwater detention areas, and other features as needed to convey the proposed format of the proposed development. The sketch plan shall also indicate land uses and structures adjacent to the proposed PRD.
d. Preliminary Elevations: An artist’s renderings of proposed building types and common area buildings.
e. Property Survey: A property survey of the site proposed for the PRD.
f. Proof of Ownership or Interest: Evidence that the applicant owns or controls the property.
D. Preliminary Development Plan Approval: A preliminary development plan for the proposed PRD shall be submitted to the Village Administrator. Only complete submittals, containing all materials required below unless waived by the Village Administrator, will be accepted for consideration by the Village and initiate the preliminary development plan process.
1. Application Materials to be Provided for Preliminary Development Plan Consideration: An applicant for a PRD shall submit all of the following materials below to initiate a public hearing before the PCZBA on a preliminary development plan for a PRD. The need to provide any of the information in this Subsection may be waived by the Village Administrator upon finding that such information is not relevant or additive to the matter being heard, or if such information is otherwise available in another form complete enough to provide necessary understanding of the proposed development. The form of submittal and number of copies to be provided shall be determined by the Village Administrator.
a. Application Form: The applicant shall submit a written application on forms supplied by the Village in a format approved by the Village Attorney.
b. Payment: The payment of all required application fees.
c. General Statement: A written statement explaining the character and intent of the proposed PRD and how it reflects the Village’s Comprehensive Plan and development goals. This statement shall specify the types of zoning relief sought in addition to the PRD approval, such as special uses, modifications, or variations.
d. Site Survey: A survey prepared by an Illinois licensed land surveyor, which survey must include the legal description of the property and dimensioned indication of locations of any existing structures, utilities, roadways, floodplains, floodway and flood fringe boundaries on the property.
e. Tree Survey: A survey of existing trees meeting the requirements of Section 10-11-8.C of the Zoning Regulations.
f. Quantitative Site Information: Data regarding the total acreage of the proposed PRD site; number of acres and number of dwellings anticipated for residential land uses (by use type); the number of parking spaces; the location and size of any commonly owned structures for the development; any historic features; and anticipated development phasing.
g. Preliminary Building Type Schedule: A schedule of each proposed building model or type; the quantity of each model or type within the development; and each model’s number of bedrooms, approximate footprint (two-dimensional), and approximate floor area (three-dimensional). This requirement shall not apply when the PRD is proposed to include only lots or development sites, not specific dwellings.
h. Preliminary Site Plan: Scaled plan drawings showing the location of all proposed buildings and structures, streets, parking areas, pedestrian walks, trails, bike paths, permanent open spaces and recreation facilities, preserved historic features, and topography. Each dwelling unit must be identified as to type matching the applicant’s building type schedule. The preliminary site plan shall indicate the: (i) points of ingress and egress to the development; (ii) utility connection points; (iii) existing and proposed easements; and (iv) existing easements and structures within 250 feet of the property.
i. Preliminary Elevations: Artist’s renderings of each proposed building type and each common area building.
j. Preliminary Engineering Plan: An engineering plan showing the location and adequacy of existing and proposed sanitary sewer, storm sewer, water distribution systems, and stormwater management systems.
k. Preliminary Landscape Plan: A preliminary landscape plan consistent with the requirements of this Chapter and identifying which existing trees are to be preserved or removed.
m. Traffic Impact Study: A study showing the anticipated traffic generated by the proposed development and how it may impact nearby properties and the existing road system.
n. Description of Proposed Public Benefit: A description of all Public Benefits proposed to be provided as part of the PRD in accordance with Section 10-17-6.
o. Preliminary Plat of Subdivision: A preliminary plat of subdivision that, except for any requested modifications, meets the requirements of Title 11 of this Code.
p. Anticipated Phasing and Construction Sequencing Plan: A narrative indicating the order in which sections of the proposed project (phases) and common area structures and buildings will be constructed. The anticipated timing for such development shall be provided, indicating the year and quarter each phase of construction is anticipated to be initiated and completed.
q. Contacts: The names and contact information of professional consultants working with the applicant on the proposed development.
r. Ownership Information: The names and addresses of all present and proposed owners of the project and the property. If the applicant is a trust, the names and addresses of the beneficiaries. If the applicant has shareholders, the applicant shall provide the name and addresses of all shareholders that have more than a five percent of the shares in the applicant.
s. Additional Items: Other Items as may be required by the Village Administrator.
2. Design Review: Prior to the Public Hearing on the preliminary development plan, the Architectural Board of Review (ABR) shall hold a meeting and conduct a Design Review of the proposed PRD. (This PRD-specific process is distinct from the Design Review process set forth in Section 10-2C-6.) The ABR findings and recommendations shall be provided to the PCZBA for its review and consideration during preliminary development plan Consideration. As determined by the PCZBA, findings and recommendations of the ABR may be incorporated into the PCZBA recommendations provided to the Village Board.
The ABR shall consider the development elements listed below in subsections a. through e. regarding whether the development elements sufficiently incorporate and advance the PRD purpose statements provided in Section 10-17-1 of this Code:
a. The location, orientation and architecture of common area structures and buildings.
b. Proposed streetscaping along roadways.
c. Common area landscaping.
d. Fencing or other screening along the perimeter of the PRD.
e. The Public Benefits proposed by the applicant pursuant to Section 10-17-6 of this Code.
3. Standards for Preliminary Development Plan Approval: The PCZBA may not recommend that the Village Board approve, and the Village Board shall not approve, a preliminary development plan for a PRD unless the preliminary development plan meets the standards for a special use set forth in 10-2C-3.E of this Code and all of the following standards:
a. The uses proposed will not be detrimental to present and potential surrounding uses.
b. The proposed development is consistent with the Village of Lake Bluff Comprehensive Plan.
c. Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed development.
d. Existing and proposed utility services are adequate for the proposed development.
e. The proposed development, and each phase of the proposed development if construction will be in stages, will contain the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and suitable environment.
f. The preliminary development plan complies with all other criteria and the stated purpose set forth in this Chapter, except that a preliminary development plan may be approved conditioned upon the passage of a future map or text amendment (e.g. rezoning) prior to, or concurrent with, the adoption of a final development plan.
4. PCZBA Hearing: The application and proposed preliminary development plan shall be reviewed at a public hearing by the PCZBA. The PCZBA shall hold a public hearing on the application pursuant to the provisions of this Title, following publication of the required legal notice, within 90 days after the Village Administrator determines that the application is complete or such later meeting date as has been requested by and granted to the applicant.
5. Recommendation by the PCZBA: Following the required public hearing, the PCZBA shall prepare its findings on the application for approval of the preliminary development plan and any other zoning relief applied for by the applicant and forward its recommendations to the Village Board. The PCZBA’s findings shall recommend approval, approval with conditions, or disapproval of the application.
6. Decision by the Village Board: Upon receipt of the PCZBA’s findings and recommendation, the Village Board shall within 60 days initiate consideration of the application for approval of the preliminary development plan. The Village Board may approve the preliminary development plan; remand the application to the PCZBA or Architectural Board of Review, or both, for further evaluation; or deny the preliminary development plan. Approval of a preliminary development plan does not constitute an approval or commitment from the Village to approve a final development plan for a PRD. Approval of the preliminary development plan shall be by resolution duly adopted.
7. Effect of Preliminary Development Plan Approval: Upon approval by the Village Board of the preliminary Development plan, the applicant may apply for final development plan approval for the PRD.
E. Final Development Plan Approval: A final development plan for a proposed PRD shall be submitted to the Village Administrator for consideration by the PCZBA at a public hearing and then by the Village Board. A complete application for final development plan approval must be submitted to the Village Administrator within one year of the Village’s Board’s approval of a preliminary development plan approval unless the Village Board, by resolution duly adopted, grants an extension to the applicant prior to the expiration of the one-year deadline, which extension may not exceed one year.
1. Application Materials to be Provided for Final Development Plan Consideration: Only complete submittals, containing all materials required below, unless waived by the Village Administrator, will be accepted for consideration by the Village and initiate the final development plan review process.
a. Other Zoning Relief Applications: If applicable, complete applications for any map amendments (e.g. rezoning), text amendments, or other zoning relief necessary to complete the PRD proposed by the final development plan. The consideration of other necessary zoning relief shall be coordinated with the consideration of the final development plan.
b. Final Building Type Schedule: A schedule of each proposed building model or type; the quantity of each model or type within the development; and each model’s number of bedrooms, approximate footprint (two-dimensional), and approximate floor area (three-dimensional).
c. Final Site Plan: A scaled plan drawings, in final form, showing the location of all proposed buildings and structures, streets, parking areas, pedestrian walks, trails, bike paths, permanent open spaces and recreation facilities, preserved historic features, and topography. Each dwelling unit must be identified as to type matching the applicant’s building type schedule. The final site plan shall indicate the: (i) points of ingress and egress to the development; (ii) utility connection points; (iii) existing and proposed easements; and (iv) existing easements and structures within 250 feet of the property.
d. Final Engineering Plan: A revised version of the preliminary engineering plan in compliance with all requirements of the Village Code.
e. Tree Survey: A survey of existing trees meeting the requirements of Section 10-11-8.C of the Zoning Regulations.
f. Final Landscape Plans: A revised version of the Preliminary Landscape Plan consistent with the requirements of this Chapter and identifying which existing trees are to be preserved or removed.
g. Final Plat of Subdivision: A final plat of subdivision that, except for any requested modifications, meets the requirements of Title 11 of this Code.
h. Final Elevations: Artist’s renderings of all building types and common area buildings.
i. Quantitative Site Information: Data regarding total acreage of the proposed PRD site; number of acres and number of dwellings for residential land uses (by use type);number of parking spaces; the location and size of any commonly owned structures for the development; and any historic features.
j. Phasing and Construction Sequencing Plan: A graphic and supporting narrative indicating the order in which sections of the proposed project (phases) and common area structures and buildings will be constructed. The anticipated timing for such development shall be provided, indicating the year and quarter each construction phase is anticipated to be initiated and completed.
k. Summary of Changes from the Approved Preliminary Development Plan: A statement summarizing all changes that have been made, or have occurred, in any document, plan, data, or information previously submitted, together with a revised copy of any such document, plan, or data; and the statement shall explain how the final development plan remains in substantial conformance with the approved preliminary development plan.
l. Additional Items: Other Items as may be directed by the Village Administrator.
m. A Declaration of Covenants (if necessary): A declaration of covenants that establishes an owners’ association or equivalent entity, for review and approval by the Village Attorney. The declaration of covenants shall include, without limitation, all of the following provisions:
(1) A requirement that the developer of the PRD convey the private streets and roads, the detention and retention facilities, and the common areas to the owners’ association or equivalent entity.
(2) A requirement that the owners’ association or equivalent entity provide for the maintenance and repair of all private streets and roads, detention and retention ponds, and common areas, and any and all appurtenances thereto, all in accordance with (i) this Code, and (ii) any development agreement entered into by and between the applicant and the Village.
(3) If the owners’ association or equivalent entity fails to maintain and repair all private streets or roads, detention or retention ponds and common areas, the Village, or its designated agent, shall have the right, but not the obligation, to (i) enter upon the property to maintain and repair such items, and (ii) place a lien upon the property until the owners’ association or equivalent entity has paid the cost thereof.
(4) A statement of understanding that the Village is under no obligation to, and will not be expected to, assume ownership or maintenance of private streets, utilities or other improvements.
(5) The owners’ association or equivalent entity is responsible for casualty and liability insurance and real estate taxes for the Common Area.
(6) If the owners’ association or equivalent entity is to rely on fees from owners of the dwelling units, that the owners of each dwelling unit must pay their pro rata share of all costs and expenses incurred by the owners’ association or equivalent entity by means of assessments to be levied by the owners’ association or equivalent entity that meet the requirements for becoming a lien, foreclosable in the same manner as statutory mortgage liens, on each such member’s fee interest in the Property in accordance with the statutes of the State of Illinois. The owners’ association or equivalent entity will have the right to adjust the assessment to meet changing needs. The membership vote required to authorize such an adjustment may not be fixed at more than 51% of the members voting on the issue, unless otherwise required by State law.
(7) A statement that the declaration of covenants shall run with the subject property and is binding upon all owners of any lot, dwelling unit, or any other portion of the property.
2. PCZBA Hearing: The application and proposed final development plan shall be reviewed at a public hearing by the PCZBA. The PCZBA shall hold a public hearing on the application pursuant to the provisions of this Title, following publication of the required legal notice, within 60 days after the Village Administrator determines that the application is complete or such later meeting date as has been requested by and granted to the applicant.
3. Recommendation by the PCZBA: Following a public hearing, the PCZBA shall prepare its findings on the application for approval of the final development plan and any other zoning relief applied for by the applicant and forward its recommendations to the Village Board. Such findings shall recommend approval, approval with conditions, or disapproval of the application and the reasons for the finding. In making its findings and recommendation, the PCZBA shall consider whether the application is in substantial conformance with approved preliminary development plan for the PRD. For purposes of this subsection, “substantial conformance” means that the final development plan is not inconsistent with the approved preliminary development plan in regard to all of the following:
a. The type of residential land use(s) proposed.
b. The proportion of the development (based on number of dwelling units) devoted to each type of proposed residential use differs by no more than five percent.
c. The common open spaces have not been decreased by more five percent.
d. The construction material is predominantly equivalent to what was included in the approved preliminary development plan.
e. The location of common buildings and structures is consistent to what was included in the approved preliminary development plan.
f. The location of roads, sidewalks, and paths are comparable to what was included in the approved preliminary development plan.
g. The total bedroom count (if provided in the approved preliminary development plan) has not increased by more than five percent.
h. The phasing plan (if provided in the approved preliminary development plan) is consistent with what was included in the approved preliminary development plan.
4. Decision of Village Board: Upon receipt of the PCZBA’s findings and recommendation, the Village Board shall within 60 days initiate consideration of the application for approval of the final development plan based on whether the final development plan is in substantial conformance with the approved preliminary development plan. For purposes of this subsection, “substantial conformance” shall have the same meaning as set forth in Section 10-17-7.E.3 of this Code. The Village Board may approve the final development plan; remand the application to the PCZBA, the Architectural Board of Review, or both, for further evaluation; or deny the final development plan. Approval of the final development plan shall be by ordinance duly adopted.
5. Conditions: The PCZBA and the ABR may recommend, and the Village Board may condition its approval of any PRD on such matters as the Board may find necessary to prevent or minimize any possible adverse effects of the proposed PRD, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this code, the village’s subdivision code, and the village’s comprehensive plan. The conditions will be expressly set forth in the ordinance granting the PRD. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of all approvals granted for the PRD.
6. Effect of Final Development Plan Approval: If a PRD is approved, the final development plan and the ordinance approving the PRD will constitute the regulations applicable to the subject property and shall govern to the extent of any conflict with the provisions of this Title. No use or development not authorized or consistent with the approved final development plan will be permitted within the PRD except as the final development plan may be amended in accordance with Section 10-17-10 of this Code. (Ord. 2022-30, 10-24-2022; amd. Ord. 2022-38, 12-12-2022)