(A) Authority: The Board of Trustees has the authority to approve the development of planned unit developments, in accordance with the procedures set forth in this chapter and subject to the standards set forth in this section.
(B) Purpose: The planned unit development is intended to allow the relaxation of otherwise applicable substantive requirements based on procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this chapter in recognition of the fact that traditional bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose inappropriate pre- regulations and rigidities upon the development or redevelopment of lots or areas that lend themselves to an individual, planned approach.
(C) Parties Entitled To Seek Planned Unit Development Approval: An application for a special use permit to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject lot.
(D) Concept Plan: Prior to the official submittal of the required detailed preliminary plan pursuant to division (E) of this section, the applicant may, at its option, submit a concept plan to the Village Board and/or the Plan Commission to discuss the scope and the proposed nature of the contemplated development, and receive informal and nonbinding feedback on the proposed concept.
(E) Preliminary Plan:
(1) Procedure.
(a) Application. Applications for preliminary plan approval must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. The application must show all buildings and their use, open space, common open space, recreation facilities, service areas, and other facilities to indicate the character of the proposed development.
(b) Public Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.
(c) Plan Commission Review And Recommendation. Within 60 days after the public hearing and review of the preliminary planned unit development plan and supporting data for conformity to these regulations, the Plan Commission will recommend approval, approval with modification, or disapproval, and the reasons for its recommendation, or indicate why a report cannot be rendered to the Village Board.
(d) Transmittal Of Plan Commission Recommendation To Village Board. The Plan Commission will send its recommendation including the reasons for its recommendation to the Village Board. The recommendation will set forth with particularity in what respects the proposal would or would not be in the public interest including, but not limited to, findings of fact on the following:
1. In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations.
2. The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.
3. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.
(e) Village Board Decision. Upon receipt of the recommendation of the Plan Commission, the Village Board, without further public hearing, may approve or deny the preliminary plan.
(2) Standards.
(a) No special use permit for a planned unit development may be recommended or granted pursuant to this section unless the owner shall establish that the proposed development will meet each of the standards made applicable to special use permits pursuant to § 159-2.307 of this part.
(b) Preliminary plans must meet the site plan application requirements specified in § 159-2.312 of this part.
(c) Where the planned unit development involves the division of land, planned unit development preliminary plans must meet all of the tentative plat subdivision requirements set forth in the Village subdivision ordinance.
(d) A planned unit development shall be in general conformance with or shall carry out the general objectives of the adopted Village of Lindenhurst Comprehensive Plan.
(e) No planned unit development will be recommended or granted unless the owner establishes that the proposed development will meet each of the following criteria:
1. The extent to which the proposed use will be served adequately by, or will provide for, essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.
2. The adequacy of the public infrastructure to support the proposed use at the proposed location. In considering this use criteria, the Plan Commission shall consider not only the proposed uses, but other proposed rezonings and the zoning of vacant properties in order to determine both the individual and cumulative impacts.
3. The extent of the community need for the proposed use at the proposed location in light of existing and proposed uses of a similar nature in the area, and the need to provide or maintain a proper mix of uses within the Village and within the immediate area of the proposed use. The Plan Commission shall not approve any planned unit development unless it is able to find that the proposed use in the proposed location will not result in either an overconcentration of a particular use within the Village or within the immediate area of the proposed use.
4. The extent to which the proposed use at the proposed location will, or may, have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare.
5. The extent to which the proposed use and its design and landscaping will enhance and protect the existing character of neighboring land uses, if any, or enhance the community character of the Village.
6. The extent to which the proposed use will be served by, or will provide, proper pedestrian and public transportation linkages both within the immediate area of the development and with other parts of the Village or County.
7. The extent to which the proposed use will be served by, or will provide, adequate public and private open space both in the immediate vicinity of the proposed use and throughout the Village. The Plan Commission will, in considering this criteria, consider the adequacy of such open spaces both in terms of site design and buffering and in terms of the open space needs of the permanent or transient population likely to be generated by the proposed use.
(3) Effect Of Preliminary Plan Approval. Approval of a preliminary plan will not constitute approval of the final plan. Rather it will be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan which will be submitted for approval of the Village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any.
(4) Limitation On Preliminary Plan Approval. Subject to an extension of time granted by the Zoning Administrator, unless a final plan covering at least the area designated in the preliminary plan as the first stage or unit of the planned unit development has been filed within 2 years from the date the Board of Trustees grants preliminary plan approval, or in any case where the owner fails to file the final plan and to proceed with development in accordance with the provisions of this chapter, the preliminary plan approval will automatically expire and be rendered void and the Zoning Administrator will, without further direction, initiate an appropriate action to formally revoke the special permit for all portions of the planned unit development area that have not yet been completed.
(5) Simultaneous Submission Of A Final Plan. The owner may, at his or her option, submit a final plan for the proposed planned unit development pursuant to the requirements of division (F) of this section simultaneously with the submission of the preliminary plan. In such case, the owner must comply with all provisions of this chapter applicable to submission of the preliminary plan and to submission of the final plan. The Plan Commission and the Board of Trustees will consider such plans simultaneously, applying the standards for both preliminary and final plans, and shall grant or deny final plan approval in accordance with the provisions of division (F) of this section.
(F) Final Plan:
(1) Procedure.
(a) Application. Applications for final plan approval must be filed and in accordance with the requirements of § 159-2.201 of this part and the administrative application policy. The application will also include the following information:
1. The final plan for a planned unit development will serve as the final plat of subdivision, in the case of a planned unit development resulting in the division of land, suitable for recording with the Lake County Recorder of Deeds. The purpose of the final plan of a planned unit development resulting in the division of land is to designate with particularity the land subdivided into conventional lots as well as the division of other lands into common open areas and building areas.
2. All common open spaces must be either conveyed to a public agency or to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or retained by the developer with legally binding guarantees (in a form approved by the Village Attorney) that the common open space will be permanently preserved as open area. All land conveyed to a not for profit corporation or like entity must be subject to the right of the corporation to impose a legally enforceable lien for maintenance and improvement of the common open space. Membership in the corporation is mandatory for each land owner and successive buyer having a right of the use, enjoyment, or benefit of the open space or its facilities. All such covenants and restrictions governing common open space must be recorded in the Office of the Recorder of Deeds of Lake County prior to the sale of any property within the planned unit development.
3. All covenants and restrictions governing deed restricted open space must be recorded in the Office of the Recorder of Deeds of Lake County prior to the recording of the final plan and the sale of any property within the planned unit development.
4. All improvements and public facilities made necessary as a result of the planned unit development must be completely installed prior to the approval of the final plan. In lieu of this, the developer may submit to the Village Engineer an estimated cost of required improvements and the developer may post a performance guarantee, in a form acceptable to the Village Attorney and approved by the Village Board, which assures the provisions and requirements within the time limits of this section. The installation and approval of the required improvements or submittal of the performance guarantee are necessary prerequisites to approval of the final plan.
5. A performance and maintenance guarantee must be provided in accordance with the Village subdivision ordinance.
6. All final agreements, provisions, declarations, or covenants which will govern the use, maintenance, and continued protection of the planned unit development are subject to the review of the Village Attorney and will be recorded agreements running with the land in the Office of the Lake County Recorder of Deeds.
(b) Submission. The final plan may be submitted to the Village in phases, or stages, with each phase reflecting the applicable portion of the approved preliminary plan, but not later than 2 years following said preliminary plan approval. If submitted in phases, or stages, each portion of the planned unit development shall conform to the previously approved preliminary plan and all requirements of these regulations.
(c) Public Meeting. A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with §§ 159-2.202 and 159-2.203 of this part.
(d) Review By Plan Commission. Within 60 days following the filing of an application for approval of a final plan, the Plan Commission will review and act on the plan.
1. Approval Based On Substantial Conformity. If the Plan Commission finds substantial conformity between the final plan and the approved preliminary 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 preliminary plan and with the provisions of this chapter and all other applicable Federal, State, and Village codes, ordinances, and regulations, it will transmit the plan to the Board of Trustees with its recommendation, that the Board of Trustees approve the final plan, with or without modifications and conditions to be accepted by the owner as a condition of approval.
2. Recommendation Of Denial. If the Plan Commission finds that the final plan is not in substantial conformity with the approved preliminary plan and does not merit approval, or if the Plan Commission requires modifications of a final plan that are not accepted by the owner, the Plan Commission will transmit the plan to the Board of Trustees together with its recommendation that the final plan not be approved.
3. Failure To Act. The failure of the Plan Commission to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a recommendation to the Board of Trustees to deny the final plan as submitted.
(e) Action By Board Of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either:
1. Approval Based On Substantial Conformity. If the Plan Commission has recommended approval of a final plan based on substantial conformity with the preliminary plan, the Board of Trustees may, unless it specifically rejects 1 or more of the findings of the Plan Commission on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance.
2. Referral Back To Plan Commission. The Board of Trustees may refer the final plan back to the Plan Commission for further consideration of specified matters.
3. Denial. The Board of Trustees may deny final plan approval if it finds, whether pursuant to a recommendation of the Plan Commission or not, that the final plan is not in substantial conformity with the approved preliminary plan and does not merit approval or would only merit approval subject to modifications or conditions that are not accepted by the owner.
4. Failure To Act. The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, will be deemed to be a decision denying final plan approval.
(2) Compliance With Subdivision Ordinance Final Plat Requirements. Where the planned unit development involves the division of land, planned unit development final plans must meet all of the final plat for subdivision requirements set forth in the Village subdivision ordinance.
(G) Conditions On Planned Unit Development Approvals: The approval of a planned unit development may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned unit development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this chapter, the Village's subdivision ordinance, and the Official Comprehensive Plan; provided, however, that no such condition of final plan approval shall impair the rights granted by preliminary plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of all approvals granted for the planned unit development.
(H) Authority To Vary Regulations: The planned unit development may depart from strict conformance with the required density, dimension, area, bulk, use, and other regulations for the standard zoning districts and other provisions of this chapter to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, or general welfare.
(I) Final Plan Scheduling Deadlines And Termination: The Village Board may revoke the planned unit development if construction falls more than 2 years behind the schedule filed with the approved planned unit development final plan. Extensions in the building schedule may be granted by the Village Board.
(J) Recordation Of The Final Plan: The ordinance approving the final plan shall be effective only upon recording of the final plan and supporting data with the County Recorder of Deeds. The recording of the final plan shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.
(K) Building Permits: No building permits shall issue and no construction may occur until the final plan has been approved and recorded with the County Recorder of Deeds.
(L) Impact Fees: See § 150.07 of this title for applicable impact fee regulations.
(M) Changes And Amendments To An Approved Planned Unit Development: Planned unit developments will be developed in accordance with the approved final plan and all supporting data or, in the case of a planned unit development involving the division of land, the recorded final plan and all supporting data. The approved final plan and all supporting data (in the case of a planned unit development involving the division of land, the recorded final plan and supporting data) together with all amendments will be binding on the applicants, their successors, and assigns and will limit and control the use of premises and location of structures in the planned unit development project as set forth therein.
(1) Minor Changes And Amendments. The Village Board upon recommendation of the Plan Commission, at its discretion, may approve minor changes in the final plan of the planned unit development. A planned unit development final plan submitted to amend an approved final plan will conform substantially to the preliminary plan approved.
(2) Major Changes And Amendments. In the event the planned unit development final plan submitted to amend an approved final plan does not conform substantially to the approved preliminary plan, or in the event the applicant desires to amend a planned unit development previously approved as a preliminary plan, the changes therein or amendments thereto may be approved only by following the procedure of filing an amended preliminary plan or final plan (whichever is applicable) as provided in this chapter. Such changes or amendments approved in a recorded final plan of a planned unit development shall be recorded as amendments to such final plan or by the filing of a new "corrected" final plan in the Office of the Lake County Recorder of Deeds.
The Village Board, upon recommendation of the Plan Commission, may find that any modification therein, including modifications in location, design, and number of buildings; roadways; and utilities will be considered major if such modification:
(a) Changes the concept or intent of the preliminary plan;
(b) Increases the gross residential density or intensity of use by more than 5%;
(c) Decreases the total area set aside for common open space or deed restricted open space;
(d) Changes by more than 10% in the floor area for a nonresidential use; or
(e) Increases by more than 5% the total ground area covered by buildings or structures.
(3) No Waiver Of Covenants Or Agreements. No changes in the approved final plan waive any of the covenants or agreements limiting the use of land, buildings, structures, and improvements within the planned unit development unless specifically approved to the contrary by the Village Board.
(N) Existing Planned Unit Development Districts: Any planned unit development district approved prior to the effective date of this chapter (February 27, 2017) will be subject to the provisions of division 159-9.102(C) of this chapter.
(Ord. 17-2-2065, passed 2-27-2017)