(A) Purpose.
(1) The TD District is designed to accommodate high quality developments in limited land areas located in close proximity to the Illinois tollway having significant natural features (including without limitation, forested areas, bodies of water, wetlands or special habitats) requiring special treatment or preservation, and lying between existing land uses of distinctly different character. Although the TD District allows by right large tract residential uses and other uses permitted in the R-5 District that can provide adequate buffering and transition elements onsite, it also offers an array of complementary special uses. The appropriateness of such special uses will be determined by surrounding uses as well as the site plan for and orientation of uses on the property in question.
(2) Appropriate developments for this District will:
(a) Provide, to the extent applicable, interaction between residential, retail, office uses and other related uses;
(b) Preserve in a reasonable manner the natural features on or adjacent to the development;
(c) Protect and enhance the range of living, entertaining and business opportunities within the city while not adversely impacting adjoining residential areas; and
(d) Provide uses that are complementary or additive to nearby office developments.
(B) Permitted uses. The following uses are permitted in the TD Transitional District: all uses permitted in the R-5 Single-Family Residence District pursuant to § 159.081(A).
(C) Special uses. Special uses may by allowed in the TD Transitional District as provided in § 159.045(P).
(D) Minimum district size. No area consisting of fewer than 20 acres (including public and private rights-of-way) may be classified in the TD District.
(E) District location and characteristics.
(1) No area shall be classified in the TD District unless more than half of the acreage of the area is located within:
(a) One thousand six hundred feet of Illinois Route 60; and
(b) Three thousand two hundred feet of a tollway operated by and under the jurisdiction of the Illinois Toll Highway Authorities, or its successor agencies.
(2) In addition, no area shall be classified within the TD District unless:
(a) It is located between existing development of distinctly different character for which careful transitional uses and development is necessary and appropriate; and
(b) There exist on or adjacent to the area significant natural features or resources that can be managed most efficiently through the approval and implementation of a detailed site plan.
(3) For purposes of division (E)(2)(b) above, adjacent vacant properties should be disregarded for determining the nature of nearby development.
(F) Regulations for permitted uses.
(1) Lot size requirements. All permitted uses in the TD District shall be subject to the lot size requirements applicable to the R-5 District as set forth in § 159.081(C).
(2) Yards. All permitted uses in the TD District shall be subject to the yard requirements applicable to the R-5 District as set forth in § 159.081(D).
(3) Height. All permitted uses in the TD District shall be subject to the height requirements applicable to the R-5 District as set forth in § 159.081(E).
(4) Signs. All permitted uses in the TD District shall be subject to the sign requirements applicable to the R-5 District as set forth in § 159.080(G).
(5) Parking. All permitted uses in the TD District shall be subject to the parking requirements applicable to the R-5 District as set forth in § 159.080(H).
(6) Loading. All permitted uses in the TD District shall be subject to the loading requirements applicable to the R-5 District as set forth in § 159.080(I).
(G) Regulations for special uses. Although each development within a TD District shall be evaluated in its overall context, it is intended that the bulk, height, lot and yard requirements for special uses in the TD District will generally conform to the requirements of the adjoining district from which the proposed use serves as a transition (e.g., residential uses in the TD District will conform to an adjoining residential district).
(1) Lot size, coverage and open space. All special uses in the TD District shall be subject to the lot size, coverage and open space requirements set forth in the ordinance approving the special use permit.
(2) Floor area ratio. All special uses in the TD District shall be subject to the maximum floor area ratio set forth in the ordinance approving the special use permit, but a particular use shall not exceed the floor area ratio limitations generally applicable for the same use on a zoning lot abutting the use in question, except upon a finding in the ordinance approving the special use permit that a greater floor area ratio is warranted based on the standards for granting variations under the city’s codes.
(3) Yard requirements. All special uses in the TD District shall be subject to the yard requirements set forth in the ordinance approving the special use permit. Unless expressly provided in the ordinance approving the special use permit, a 150-foot transition yard shall be maintained between a nonresidential use within the TD District and an abutting zoning lot zoned within a residential district.
(4) Height requirements. All special uses in the TD District shall be subject to the height requirements set forth in the ordinance approving the special use permit.
(5) Number of buildings on a zoning lot. Multiple principal buildings are allowed on a zoning lot, subject to the limitations set forth in the ordinance approving the special use permit.
(6) Parking and loading. All special uses in the TD District shall be subject to the following parking and loading regulations.
(a) Residential uses. Unless otherwise provided in the ordinance approving the special use permit, all residential uses approved as part of a special use permit shall comply with the parking and loading requirements applicable to the R-5 District as set forth in § 159.080(H) and (I).
(b) Nonresidential uses. Unless otherwise provided in the ordinance approving the special use permit, all nonresidential uses approved as part of a special use permit shall comply with the parking and loading requirements contained in §§ 159.136 through 159.139 as may be applicable to the respective use or uses. Where appropriate, to preserve open space or protect natural features on the property, shared parking should be utilized.
(7) Signs. Signs located on properties subject to a special use permit shall comply with the following sign regulations.
(a) Residential uses. Unless otherwise provided in the ordinance approving the special use permit, all residential uses approved as part of a special use permit shall comply with the sign requirements applicable to the R-5 District as set forth in § 159.080(G).
(b) Nonresidential uses. Unless otherwise provided in the ordinance approving the special use permit, all nonresidential uses approved as part of a special use permit shall comply with the sign requirements contained in Chapter 153 of this code that are applicable to the respective use.
(8) Variations; customary approvals. Nothing in this section shall preclude the owner of any property within the TD District from seeking any authorized variations or exceptions from the generally applicable regulations prescribed herein. In addition, unless expressly provided in a special use permit, all customary reviews, approvals and permits shall be required in connection with the development of any special use in the TD District.
(H) Procedure.
(1) Application. The owner shall submit to the city a written application for approval of a tentative development plan on forms supplied by the city. The application shall be accompanied by payment of requisite filing fees and a development plan, as described in division (H)(3) below.
(2) Tentative development plan. The tentative development plan shall be prepared by a licensed architect, land surveyor, civil engineer or planning consultant and shall include the following:
(a) A survey showing existing features of the property, including contours, buildings, structures, conditions and species of trees over four inches in trunk diameter, streets, utility easements, right-of-way, land use and other data required by the city’s subdivision regulations for tentative plat approval, the tree preservation and landscape ordinance (as codified in Chapter 99) and other applicable city codes, ordinances and regulations;
(b) A site plan showing proposed building location and land use areas on the property in question. The site plan shall identify all bulk, space and yard information relating to the property in question;
(c) An area map identifying uses and showing the buildings, natural features, roadways, pedestrian ways and other significant characteristics of the land lying adjacent to and within at least 500 feet of the property in question. In addition, the area map shall identify the nearest adjacent zoning districts to the various areas of the property in question;
(d) Traffic circulation, parking areas, sidewalks and pedestrian walks;
(e) Landscaping plans, including site grading, tree preservation and landscaping design;
(f) Preliminary drawings for buildings to be constructed in each phase, including floor plans, exterior elevations and sections, and an artist’s renderings thereof, all of which shall have been submitted to the Building Review Board for its report and recommendation prior to the consideration of the development plan pursuant to § 159.114(F), unless otherwise approved in ordinance approving the special use. A copy of the report and recommendation of the Building Review Board shall be submitted with the final development plan; and
(g) Preliminary engineering plans, including street, yard and open space lighting, street improvements, drainage system, sewer system and public utility extensions, shall be prepared. Such preliminary engineering plans shall demonstrate compliance, or the ability to comply with, the requirements of the subdivision regulations, the watershed development ordinance and all other applicable regulations, and shall address, inter alia, top of foundation heights, base flood elevations, off-site stormwater impacts, wetland and other buffering requirements and tree removal and tree preservation activities.
(3) Review of tentative development plan; hearing. The Plan Commission shall hold a public meeting on an application for approval of a tentative development plan for the TD District. In the course of its review, the Plan Commission may require the owner to supplement the information provided, including without limitation the preparation and delivery of engineering or other feasibility studies on the handling of anticipated problems arising out of or in connection with the development. The Plan Commission, following its review of a tentative development plan, shall recommend to the City Council approval, approval with modifications or disapproval of the tentative development plan. Any approval may be with conditions, but it shall be recommended only upon findings that:
(a) The proposed uses will not be detrimental to present and potential surrounding areas;
(b) The bulk space and yard standards reflected in the tentative development plan are consistent with those in adjoining zoning districts, subject to the need for transitioning among the adjacent uses, consistent with division (G)(2) above. For this purpose, adjacent vacant properties should be disregarded for determining the nature of nearby uses of property. Any departures from those standards must be warranted by the design of and amenities in the proposed development;
(c) The proposed development is consistent with the general intent of the Comprehensive Plan, with consideration to the natural features on, development adjacent to and the ingress to and egress from, the property;
(d) Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed development, as well as to avoid conflicts in the character and patterns of traffic. To the extent private streets are included in the tentative development plan, adequate provisions must be made for the long-term maintenance of such streets to ensure that they do not become a financial burden on the city. Provision in deed restrictions acceptable to the city requiring that such maintenance be performed and paid for by a mandatory owners association is deemed adequate provision;
(e) Existing and proposed utility services are adequate for the proposed development;
(f) The proposed development, or 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;
(g) Construction, installation or performance of all mass grading, stormwater facilities, all underground utility mains and appurtenances, private roads or public streets (through first lift) and sidewalks and major landscaping elements (such as perimeter berms, detention ponds and the like) is capable of completion within two years; and
(h) The tentative development plan complies with all other criteria and the stated purposes set forth in this subchapter.
(4) Consideration of tentative development plan. The City Council shall, within 60 days after receipt of the recommendation from the Plan Commission on the tentative development plan, approve, approve with modifications or disapprove the tentative development plan; any approval may be with conditions. If the Council fails to act within such 60-day period, the tentative development plan shall be deemed disapproved; provided that, if the applicant requests an extension to such period, then the period will be so extended until the Council takes action on the tentative development plan.
(5) Ordinance approving tentative development plan. Upon approval of a tentative development plan in the TD District, the City Council shall pass an ordinance approving the tentative development plan. No ordinance approving a tentative development plan shall be effective unless all of its terms and conditions are accepted and agreed to by the owner within ten days after its passage by the City Council. Such ordinance approving the tentative development plan shall constitute tentative plat approval. The city may grant the tentative development plan approval contemporaneously with the special use permit ordinance.
(6) Final development plan; special use permit approval.
(a) The Plan Commission shall hold a public hearing on an application for approval of a final development plan. Notice shall be given in accordance with the provisions of the Zoning Code relating to special uses. The owner shall submit a final development plan in accordance with the ordinance approving the tentative development plan and the final platting requirements in the city’s subdivision regulations. The final development plan shall be processed contemporaneously with, and in accordance with, the procedures for a final plat and for a special use permit, and shall include at least the following information:
1. a. All submittal requirements for:
i. A final plat under the subdivision regulations;
ii. The watershed development ordinance; and
iii. Other applicable city codes, ordinances and regulations (including the ordinance approving the development plan).
b. i. The information required for all of the foregoing, and demonstration of compliance, shall be fully presented, including without limitation provision for construction of underground electrical and telephone service.
ii. Final engineering plans, including street, yard and open space lighting, street improvements, drainage system, sewer system and public utility extensions, shall be prepared. Location of garbage and refuse collection points and of mail pickup points shall also be specified.
2. Any required declarations of covenants shall be presented for review and approval by the City Attorney.
3. Construction sequence and time schedule for completion of improvements, infrastructure, buildings, parking spaces and landscaped areas within the TD District development shall be set forth as part of the final development plan.
4. Any information required pursuant to the ordinance approving the tentative development plan.
(b) Following the public hearing, the Plan Commission shall recommend the terms of approval of the special use permit for the final development plan. Thereafter, such Plan Commission recommendation shall be forwarded to the City Council for consideration of the approval of the final development plan pursuant to a special use permit ordinance, which shall also serve as the final plat approval for the property. Until a final development plan designating the land subdivided into conventional lots, if any, as well as the division of other lands not so subdivided into common areas and building sites is recorded with the County Recorder of Deeds, no development activity on the property in question shall be permitted unless expressly authorized in the ordinance approving the tentative development plan. The recording of the special use permit ordinance and final development plan (including the final plat) shall inform all who deal with the TD District development of the restrictions placed upon the land and act as a zoning control device. The final development plan for the TD District development shall contain appropriate legends or notations on its face reflecting the special use permit ordinance and all of the covenants, restrictions, dedications, regulations and requirements of and for the plan and pertaining to the development, and shall be certified by the Plan Commission as being in compliance with this subchapter prior to its being recorded. No building permit shall be issued for any structure until the certification and recording of the final development plan has been completed.
(7) Contemporaneous approvals. Nothing in this section shall prevent an owner from seeking and obtaining contemporaneous approvals, provided that all elements of a development plan and other matters requiring approval are in a form acceptable to the city. To the extent feasible, contemporaneous reviews and approvals of development plans and other matters should be encouraged, and the fact that proceedings affecting various elements of a development plan have occurred prior to the designation of an area into the TD District shall not affect the validity of such proceedings nor require their repetition provided that all required notices and procedures were satisfied as part of such proceedings.
(8) Modifications to the final development plan.
(a) Minor modifications. The City Engineer, in his or her discretion and with the consent of the Director of Community Development, may authorize in writing minor modifications to a particular final development plan if such adjustments are necessary in light of technical or engineering considerations first discovered during actual development and do not materially affect the nature or character of the approved final development plans. Other changes necessitated by engineering considerations that may affect the nature or character of the final development plans may also be so approved by the City Engineer, within the Engineer’s sole discretion, pursuant to this division (H)(8); provided, however, that such minor modifications shall be limited to the following:
(a) Altering the location or dimensions of any structure, group of structures or vehicular drive by not more than five feet;
(b) Altering the location of any open space by not more than five feet; and
(c) Altering the final grade by not more than 5% of the originally planned grade.
(b) Major modifications. Any modification to a particular final development plan not specifically authorized in division (H)(8)(a) above shall be considered to be a major modification and shall be granted only upon application to, and approval by the City Council, by resolution duly adopted. The City Council may, but shall have no obligation to, require that the application for a major modification be considered at a public hearing before the City Council or such other board or commission as the City Council shall require.
(Ord. 2005-41, passed 10-3-2005)