A planned development may be granted as a conditional use permit in any zoning district in which it is permitted in accordance with the standards and procedures set forth in this chapter. Applications shall be made on forms provided by the village's zoning official and shall be accompanied by the required plans and documents set forth in this chapter, together with all required fees therefor as set forth in these zoning regulations. The steps in the procedure for consideration of a planned development are as follows:
Step 1: A preliminary planned development plan or preliminary plat shall be submitted to the village for consideration by the plan commission for the required public hearing thereon, after which the board of trustees will review such report or recommendation of the plan commission at a duly called board meeting.
Step 2: A final plan or final plat shall be submitted to the village for possible final approval by ordinance passed by the board of trustees.
A. Preliminary Plan Procedure:
1. Purpose: The preliminary plan or plat is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed planned development. The preliminary plan or plat is the basis on which the required public hearing is held, thus permitting public consideration of and comments on the proposal at the earliest possible stage. A preliminary plan or plat shall contain the following basic elements of the proposed development:
a. Categories of uses to be permitted.
b. General location of residential and nonresidential land uses.
c. Overall maximum density of residential uses and intensity of nonresidential uses.
d. The general architectural design and building materials of the proposed development must be in compliance with the applicable architectural design standards of the village.
e. General location and extent of public and private open space, including recreational amenities.
f. General location of vehicular and pedestrian circulation systems.
g. General location of existing natural areas, floodplains, wetlands and buffers, both on site and adjacent to the site.
h. General location and supporting information for stormwater conveyance and management facilities.
i. Nature, scope and extent of public dedications, improvements, or contributions to be provided by the applicant.
j. Phasing of development.
2. Application: Applications for approval of a preliminary plan or plat shall be filed on forms provided by the village's zoning official.
3. Preliminary Plan Or Plat Submissions: The applicant shall prepare and submit plans and other documents in conformance with this chapter and the application forms provided by the zoning official.
4. Public Hearing: A public hearing shall be set, noticed and conducted by the plan commission in accordance with the requirements of section 10-7-8 of this title.
5. Recommendation By Plan Commission:
a. Planned developments shall be subject to the applicable standards and review procedures for conditional use permits as outlined in this chapter. Accordingly, after the conclusion of the public hearing, the plan commission shall, with such aid and advice of village staff, review the preliminary plan or plat and transmit to the village board its findings and recommendation as to whether the preliminary plan or plat should be approved, approved subject to modifications, or not approved. In addition to the standards for conditional uses included in section 10-7-2 of this title, such review shall consider:
(1) In what respects the proposed plan or plat is, or is not, consistent with the stated purpose of the planned development regulations set forth in this chapter and the extent to which the proposed plan or plat meets the requirements and standards of the planned development regulations.
(2) The general extent to which the proposed plan or plat departs from these zoning regulations and/or from title 11, "Subdivision Regulations", of this code otherwise applicable to the subject property and the relation of any proposed exceptions to the public interest.
(3) The general extent to which the proposed plan or plat produces, or does not produce, a public benefit, in terms of the planned development meeting the planning objectives and standards of the village.
(4) The physical design of the proposed plan or plat and the manner in which its design does, or does not, make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment.
(5) The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and to the neighborhood, and the desirability of the proposed plan to the village's physical development, tax base and economic well being.
b. The plan commission shall hold the required public hearing on the application and provide to the board of trustees its written recommendation of approval, approval with modifications, or disapproval of the application for preliminary plan or plat approval within ninety (90) days from the date of submission to the village of the application or the submission by the applicant of the last item of required supporting data and/or required documents as determined and certified by the zoning official, whichever date is later, unless such time is extended with the agreement of the applicant. If disapproval of such preliminary plan or plat is recommended, then within said ninety (90) day period, the plan commission shall furnish to the applicant a written statement setting forth the reason(s) for such recommendation of disapproval and specifying with particularity the aspects in which the proposed plan or plat fails to comply with the applicable ordinances of the village.
c. If such a preliminary plan or plat is recommended by the plan commission for approval or disapproval, the board of trustees shall accept or reject said recommendation within thirty (30) days after the board of trustees' next regular scheduled meeting following the action of the plan commission or within such extended time to which the applicant may agree. Preliminary approval shall not qualify a plat for recording.
6. Action By Village Board Of Trustees:
a. Approval Or Denial: Within thirty (30) days after its next regular meeting following the date of recommendation by the plan commission, relative to a preliminary plan or plat, the village board shall consider the recommendations of the plan commission, and within said thirty (30) day period or within such extended time to which the applicant may agree, the village board shall, by ordinance, either: 1) approve the preliminary plan or plat, or approve the preliminary plan or plat with modifications and conditions which modifications and conditions shall be accepted in writing by the applicant as condition(s) of such approval, or 2) the village board shall reject such preliminary plan or plat and deny the application for preliminary plan or plat approval and provide to the applicant a written statement setting forth the reason(s) for such rejection and disapproval, or 3) with the written concurrence of the applicant, the village board shall refer the preliminary plan or plat back to the plan commission for further consideration of specified matters.
b. Conditions On Approval: Every such preliminary approval and the approval of a conditional use permit for a planned development shall be expressly conditioned upon approval of final plans by ordinance of the board of trustees and upon the applicant's compliance with all applicable provisions of these zoning regulations and all other applicable ordinances of the village.
c. Failure To Act: The failure of the village board to act within such thirty (30) day period, or within such extended time to which the applicant may agree, shall be deemed to be a decision of disapproval.
7. Changes In A Preliminary Plan: Changes to a preliminary plan or plat shall be classified as follows:
a. Major Changes: Major changes shall require submission and approval of a new preliminary plan or plat and all required or requested supporting data in accordance with the requirements of this chapter. Major changes are those which would:
(1) Alter the overall concept or intent; or
(2) Change the uses and/or their general location; or
(3) Change by more than twenty percent (20%) any housing type; or
(4) Decrease the separation between buildings; or
(5) Increase the density, building coverage, or building height; or
(6) Change the architectural design or building materials; or
(7) Reduce the open space; or
(8) Change the standards of locations of roads or utilities; or
(9) Reduce natural areas, wetlands, or buffers; or
(10) Change proposed drainage; and/or
(11) Amend the ordinance granting the conditional use permit for the planned development; or
(12) Change the development schedule by more than six (6) months.
b. Minor Changes: Minor changes to an approved preliminary plan or plat shall not require the submission of a new preliminary plan or plat, but shall require the identification of the minor changes on the final plan or plat documents for review by the plan commission and village board. Minor changes are those which are not major, as determined by the zoning official.
B. Final Plan Or Plat Procedure:
1. Purpose: The final plan or plat is intended to refine and implement the preliminary plan or plat and to serve as a complete, thorough and permanent public record of the planned development and the manner in which it is to be developed.
2. Application: Within one year after the date of approval of the preliminary plan or plat, or within such other time period as agreed to in an approved phasing plan, the applicant shall file an application for final plan or plat approval in accordance with the requirements of this section. The application may include the entire area included in the approved preliminary plan or plat or one or more phases or units thereof in accordance with the phasing plan, if any, approved as part of the preliminary plan or plat. The application shall refine, implement and be in substantial conformity with the approved preliminary plan or plat.
3. Final Plan Submissions: The applicant shall prepare and submit plans and other documents in conformance with this chapter for review by the plan commission.
4. Coordination With Subdivision Regulations: When a subdivision of land subject to the village subdivision regulations is proposed in connection with a planned development, application for approval of, and review of, the final plat of the proposed subdivision shall be carried out simultaneously with an application for approval and review of the final planned development plan.
5. Recommendation By Plan Commission: Within thirty (30) days after the zoning official has certified the completeness of an application for approval of a final plan, the plan commission shall hold a public hearing, and with such aid and advice of the village staff, review the plan and transmit to the village board its findings and recommendation whether the final plan be either approved, approved subject to modifications, or not approved. Such review shall consider:
a. Whether the final plan is in substantial conformity with the approved preliminary plan.
b. The merit, or lack of merit, of any departure of the final plan from substantial conformity with the approved preliminary plan.
c. Whether the final plan complies with any and all conditions imposed by approval of the preliminary plan.
d. Whether the final plan complies with the provisions of this chapter and these zoning regulations and other applicable ordinances and regulations of the village.
6. Action By Village Board Of Trustees: The village board of trustees shall approve or disapprove the final plan or plat within sixty (60) days from the date of submission thereof to the village by the applicant or by the developer of the last item of required and/or requested supporting documents and/or of information requested by the village board of trustees, whichever date is later, unless such time is extended with the agreement of the applicant. Such required and/or requested document(s) shall include a written recommendation from the plan commission relative to such proposed final plan. If such final plan or plat is disapproved, then within said sixty (60) day period, the village shall furnish to the applicant a written statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plan or plat fails to comply with the applicable ordinances of the village. Within said sixty (60) day period, the village board shall either: a) approve the final plan or plat, with or without modifications and conditions which modifications shall be accepted in writing by the applicant as condition(s) of such approval, or b) reject the final plan or plat and refer the final plan or plat back to the plan commission for further consideration of specified matters, or c) deny the final plan or plat, and in the event of such rejection, the village board shall furnish to the developer a written statement setting forth the reason(s) for such disapproval and specifying with particularity the aspects in which the proposed plan fails to comply with the applicable ordinances of the village.
a. Conditions On Final Plan Approval: The approval of any final plan may be granted by ordinance with or without modifications and conditions which modifications and/or conditions shall be accepted in writing by the applicant as condition(s) of such approval.
b. Failure To Act: The failure of the village board to timely act within sixty (60) days, as required by this section or such extended time to which the applicant may agree, shall be deemed to be a decision of disapproval.
7. Recording Of Final Plat Or Plan: When a final plat or plan is approved, the village shall cause the final plat or plan, or such portions thereof as are appropriate, to be recorded with the offices of the Lake County recorder of deeds.
All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed, or released without the express prior written consent of the village board and that they may be enforced by the village as well as by future landowners within the proposed development.
8. Changes In The Final Plat Or Plan: The development of a planned development shall be in conformance with the approved and recorded final plat or plan documents. The approved documents shall be binding on the applicants, and their successors, grantees and assignees and shall limit and control the use, improvement, and development of the planned development. Changes in the final plat or plan are subject to the following restrictions:
a. Major Changes: Major changes shall require submission of a revised preliminary plan and a revised final plan or plat for the proposed development in accordance with this chapter. Major changes are those which:
(1) Alter the overall concept or intent; or
(2) Change the uses and/or their general location; or
(3) Change by more than twenty percent (20%) any housing type; or
(4) Decrease the separation between buildings; or
(5) Increase the density, building coverage, or building height; or
(6) Change the architectural design or building materials; or
(7) Reduce the open space; or
(8) Change the standards of locations of roads or utilities; or
(9) Reduce natural areas, wetlands, or buffers; or
(10) Change proposed drainage; or
(11) Amend the ordinance granting the conditional use permit for the planned development; or
(12) Change the development schedule by more than six (6) months.
b. Minor Changes: A final plat or plan may be changed, subject to the village board's prior written approval without modifying the preliminary plan. Minor changes are those which are not major, as determined by the zoning official or by the village board.
c. Authorized Administrative Changes: Changes in the location of buildings, streets and parking lots of one foot (1') or less may be approved by the zoning official when such changes are requested pursuant to obtaining a building permit. However, such changes shall not decrease a peripheral yard or peripheral open space.
C. Revocation Of Conditional Use Permit: Construction of an approved planned development shall commence in accordance with the approved final plan, or in the case of phased developments, in accordance with the development schedule of an approved phasing plan. If construction falls one year behind the approved schedule, the village board may, unless an extension of time is granted by the village board, initiate an appropriate application to revoke the conditional use permit for all affected portions of the planned development. The developer of the planned development shall be notified prior to any proposed revocation of the respective conditional use permit and be given an opportunity to be heard by the village board prior to revocation of the respective conditional use permit. Notification mailed to the developer and/or applicant for the conditional use permit by registered mail or certified mail, return receipt requested, shall be considered adequate notice.
D. Amendments To Final Plat Or Plan Following Completion Of Development: After completion of a planned development, an approved final plat or plan may be amended, varied or altered in the same manner and subject to the same limitations, as provided for major changes in this section. The respective amended final plat or plan shall be recorded by the village with the Lake County recorder of deeds. (Ord. 2016-11-02, 11-9-2016)