§ 151.051  PLANNED UNIT DEVELOPMENTS.
   (A)   Overview. Planned unit developments (PUDs) shall be processed, reviewed and approved in three steps: (1) early assistant meeting; (2) PUD preliminary plan/plat (processed concurrently with the required conditional use permit and any required zoning map amendment); and (3) PUD final plan/plat. A conditional use permit and any zoning change approved for a planned unit development shall not become effective until the final PUD plat/plan is approved in accordance with the procedures of this section and recorded in the office of the Lake County Recorder. The standards that apply to PUDs are set out in § 151.132. Notwithstanding the fact that approved planned unit developments are issued a conditional use permit, the procedures of this section shall govern in the review and approval of planned unit developments.
   (B)   Early Assistance Meeting.  The Early Assistance Meeting step of the planned unit development process is intended to familiarize the applicant with applicable procedures, submittal requirements, development standards, and other pertinent matters before the applicant finalizes the development proposal or otherwise spends large sums of money in laying out the proposed development.
      (1)   Application filing. Applications for Early Assistance Meeting shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department.
 
COMMENTARY:
 
      (2)   Distribution of application; scheduling of Early Assistance Meeting.  Upon receipt of a complete application for an Early Assistance Meeting , the Planning, Building and Development Director shall distribute copies of the application to the Multi-Disciplinary Team members and other affected reviewing agencies and place the matter on the agenda of the Multi-Disciplinary Team following the review period. The Planning, Building and Development Director shall notify the Multi-Disciplinary Team and the applicant of the date, time, and place of the scheduled Early Assistance Meeting.
      (3)   Review of application.  Within ten days of the receipt of a complete application for an Early Assistance Meeting, Multi-Disciplinary Team members shall review the application and provide written comments to the Planning, Building and Development Director. The Planning, Building and Development Director shall compile all comments received by the end of the review period for presentation to the applicant at the Early Assistance Meeting.
      (4)   Multi-Disciplinary Team meeting.  Multi-Disciplinary Team comments on the application shall be presented to the applicant at the scheduled Early Assistance Meeting. Each member of the Multi-Disciplinary Team shall be given an opportunity to present their findings and recommendations on the application. Following the Early Assistance meeting, the Planning, Building and Development Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the planned unit development process.
   (C)   PUD preliminary plan/plat.  Upon completion of the Early Assistance Meeting stage of the PUD process, applicants shall prepare and submit a preliminary plan/plat for the proposed development. The PUD preliminary plan/plat shall be processed concurrently with any required zoning map amendment. All PUD preliminary plans shall require review and recommendation by the Zoning Board of Appeals and the Planning, Building and Zoning Committee. The County Board shall have final decision-making authority on PUD preliminary plans. The County Board’s approval of the preliminary plan constitutes approval of the conceptual use and layout of the proposed PUD.
      (1)   Public hearing notice.  Neighbor, newspaper, and posted notice of the Zoning Board of Appeals’ public hearing on PUD preliminary plans shall be provided in accordance with the requirements of § 151.045(G).
      (2)   Staff review and recommendation.  Planning, Building and Development Department staff shall review each PUD preliminary plan/plat application in light of the PUD preliminary plan/plat criteria of subsection (C)(8) below and provide a report to the Zoning Board of Appeals.
      (3)   Zoning Board of Appeals’ review and recommendation.  The Zoning Board of Appeals shall hold a public hearing on the PUD preliminary plan/ plat and recommend approval, approval with conditions or denial of the application based on the PUD preliminary plan/plat approval criteria of subsection (C)(7) below.
      (4)   Planning, Building and Zoning Committee review and recommendation.  After receiving the recommendation of the Zoning Board of Appeals, the Planning, Building and Zoning Committee shall review the application and make a recommendation to the County Board based on the approval criteria of subsection (C)(7) below.
      (5)   County Board review and action.  After receiving the required recommendations, the County Board shall review the application and act to approve, approve with conditions or deny the application based on the approval criteria of subsection (C)(7) below. Any zoning map amendments required shall be considered concurrently with the PUD preliminary plan. Approval of a PUD preliminary plan shall constitute approval of a conditional use permit which, together with any zoning change accompanying the conditional use permit, shall not become effective until any final PUD plan/plat for the development is approved in accordance with the procedures of § 151.186 and recorded in the office of the Lake County Recorder.
      (6)   Planning, Building and Zoning Committee review and action on preliminary plat (if PUD involves subdivision of land).  Subsequent to the approval of the preliminary plan by the County Board, and upon completion of review of the preliminary plat and preliminary engineering by the Multi-Disciplinary Team, the Planning Building and Development Director shall present the proposed preliminary plat to the Planning, Building and Zoning Committee for its consideration. After considering the matter, the Planning, Building and Zoning Committee shall act to approve, approve with conditions or disapprove the proposed preliminary plat. PUD preliminary plats shall be reviewed and approved in accordance with the preliminary plat procedures of § 151.191(E). The Planning, Building and Zoning Committee shall have final decision-making authority on preliminary PUD plats.
      (7)   PUD preliminary plan/plat approval criteria.  Recommendations and decisions on PUD preliminary plans shall be based on consideration of whether:
         (a)   The proposed development in its proposed location is consistent with the Regional Framework Plan;
         (b)   The proposed development in its proposed location complies with the PUD standards of § 151.132; and
         (c)   The proposed development in its proposed location will not result in a substantial adverse effect on any of the following, either as they exist at the time of application or as they may in the future be developed as a result of implementation of the Regional Framework Plan:
            1.   Adjacent property;
            2.   Natural resources;
            3.   Infrastructure;
            4.   Public sites; or
            5.   Any other matters affecting the public health, safety, or general welfare.
      (8)   Effect of approval.  Once a PUD preliminary plan/plat is approved, applicants shall proceed to the final plat stage of the development process for review and approval in accordance with the final plat procedures of § 151.191(F). If no plat is required for the proposed development, a final PUD plan shall be submitted and processed in accordance with the final plat procedures. The Planning, Building and Zoning Committee shall have final decision-making authority on final PUD plans and plats.
      (9)   Lapse of approval.  A PUD preliminary plan/plat shall lapse and be of no further effect if a final plat or final PUD plan has not been approved within 24 months of the date of PUD preliminary plan/plat approval. A PUD preliminary plan/plat may be extended in accordance with the provisions of § 151.191(E)(6).
   (D)   Modification of approved PUD preliminary plans/plats.  A preliminary PUD plan/plat that has received final approval from the County Board may be modified only in accordance with procedures and standards of this subsection (D).
      (1)   Definitions.
         (a)   A major modification to an approved preliminary PUD plan/plat is modification that meets any of the following thresholds:
            1.   Increases the number of dwelling units (when compared to the approved preliminary PUD plan/plat);
            2.   Increases the floor area devoted to nonresidential uses by more than the following amounts:
 
Site Area
Maximum Additional Floor Area
5 acres
500 square feet
Each additional full acre over 5 acres
100 square feet
 
            3.   Increases nonresidential floor area by more than 5,000 square feet (compared to the approved preliminary PUD plan/plat);
            4.   Increases the impervious surface devoted to nonresidential uses by more than the following amounts:
 
Site Area
Maximum Additional Impervious Area
5 acres
1,000 square feet
Each additional full acre over 5 acres
425 square feet
 
            5.   Increases impervious surface area by more than 20,000 square feet (compared to the approved preliminary PUD plan/plat);
            6.   Reduces the amount of open space required by the approved preliminary PUD plan/plat;
            7.   Increases the height of any building by more than 10% or ten feet, whichever is less;
            8.   Reduces the amount of landscaping by more than 5%; or
            9.   Otherwise represents a change to the overall character of the previously approved PUD plan.
         (b)   A minor modification to an approved preliminary PUD plan/plat is any modification that is not a major modification.
      (2)   Minor modification procedure.  Minor modifications shall require review and approval in accordance with the following:
         (a)   The Multi-Disciplinary Team shall make a recommendation to the Planning, Building and Zoning Committee; and
         (b)   Based upon recommendations from the Multi-Disciplinary Team, the Planning, Building and Zoning Committee shall make a final decision. Neighbor, newspaper, and posted notice of the Planning, Building and Zoning Committee’s meeting shall be provided in accordance with the requirements of § 151.045(G).
      (3)   Major modification procedure.  All major modifications shall require re-review and approval of PUD preliminary plan/plat in accordance with the procedures of subsection (C) of this section.
      (4)   Record.  All approved major and minor modifications shall be recorded as amendments to the recorded copy of the preliminary PUD plan/plat before they have any effect.
   (E)   PUD final plans/plats. PUD final plats shall be reviewed and approved in accordance with the final plat procedures of § 151.186. If no plat is required for the proposed development, a final PUD plan shall be submitted and processed in accordance with the final plat procedures of § 151.186. The Planning, Building and Zoning Committee shall have final decision-making authority on final PUD plans and plats.
 
COMMENTARY:
 
   (F)   Modification of approved PUD final plans/plats.  A final PUD plan/plat that has received final approval from the Planning, Building and Zoning Committee may be modified only in accordance with procedures and standards of this subsection (F).
      (1)   Definitions.
         (a)   A major modification to an approved final PUD plan/plat is modification that meets any of the following thresholds:
            1.   Increases the number of dwelling units (when compared to the approved final PUD plan/plat);
            2.   Increases the floor area devoted to nonresidential uses by more than the following amounts:
 
Site Area
Maximum Additional Floor Area
5 acres
500 square feet
Each additional full acre over 5 acres100 square feet
 
            3.   Increases nonresidential floor area by more than 5,000 square feet (compared to the approved final PUD plan/plat);
            4.   Increases the impervious surface devoted to nonresidential uses by more than the following amounts:
 
Site Area
Maximum Additional Impervious Area
5 acres
1,000 square feet
Each additional full acre over 5 acres
425 square feet
 
            5.   Increases impervious surface area by more than 20,000 square feet (compared to the approved final PUD plan/plat);
            6.   Reduces the amount of open space required by the approved final PUD plan/plat;
            7.   Increases the height of any building by more than 10% or ten feet, whichever is less;
            8.   Reduces the amount of landscaping by more than 5%; or
            9.   Otherwise represents a change to the overall character of the previously approved PUD plan.
         (b)   A minor modification to an approved final PUD plan/plat is any modification that is not a major modification.
 
COMMENTARY:
Minor modifications include such activities as adding accessory structures and adding additions to existing primary structures, provided that they do not meet the threshold for classification as a major modification.
 
      (2)   Minor modification procedure. Minor modifications shall require review and approval in accordance with the following:
         (a)   The Multi-Disciplinary Team shall make a recommendation to the Planning, Building and Zoning Committee; and
         (b)   Based upon recommendations from the Multi-Disciplinary Team, the Planning, Building and Zoning Committee shall make a final decision. Neighbor, newspaper and posted notice of the Planning, Building and Zoning Committee’s meeting shall be provided in accordance with the requirements of § 151.045(G).
      (3)   Major modification procedure.  All major modifications shall require re-review and approval of a PUD final plan/plat in accordance with the procedures of subsection (E) above.
      (4)   Record.  All approved major and minor modifications shall be recorded as amendments to the recorded copy of the final PUD plan/plat before they have any effect.
(Ord., § 3.7, passed 10-13-2009; Ord. passed - -)