A. Purpose: The planned development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this title in recognition of the fact that traditional use, bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas, may impose inappropriately rigid regulations upon the development or redevelopment of parcels or areas that lend themselves to an individually planned approach. Through the flexibility of the planned development technique, the village seeks to achieve the specific objectives stated below. However, at no time is the planned development intended to serve merely as a mechanism to subvert the underlying district regulation and requirements.
1. The creation of a more desirable environment than would be possible through the strict application of other village land use regulations;
2. The efficient use of land resulting in smaller networks of utilities and streets while lowering development and housing costs;
3. The promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities;
4. The combination and coordination of architectural styles, building forms, and building relationships;
5. The preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion;
6. The provision for the preservation and beneficial use of open space;
7. An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations; and
8. The encouragement of land uses that promote the public health, safety and general welfare.
B. Authority: Planned developments are included in this title as a distinct category of special use and are authorized in each zoning district for the same general purposes as all other special uses. The village board, in accordance with the procedures and standards set out in this section and section 9-4-5 of this chapter, may grant special use permits authorizing the development of planned developments.
C. Procedure:
1. Concept Plan: The concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of entire proposed planned development without incurring undue cost.
a. Application: Applications for approval of a concept plan shall be filed in accordance with the provisions of chapter 3 of this title.
b. Administrative Review: Upon receipt of a completed application for approval of a concept plan, the zoning official shall schedule a review of the concept plan before the concept review team.
c. Recommendation By The Concept Review Team: After the administrative review of the concept plan, unless the applicant shall have consented to a longer period, the concept review team shall make a written report giving its findings and recommendations of changes, if any, to the concept plan.
2. Preliminary Plan:
a. Purpose: The preliminary plan is the basis, on which the required public hearing is held, thus permitting public consideration of the proposal. To permit the village and the applicant to proceed with some assurance, approval of the preliminary plan binds the applicant and the village with respect to the following basic elements of development:
(1) Categories of uses to be permitted;
(2) General location of residential and nonresidential land uses;
(3) Overall maximum density of residential uses and intensity of nonresidential uses;
(4) The general architectural style of the proposed development;
(5) General location and extent of public and private open space, including recreational amenities;
(6) General location of vehicular and pedestrian circulation systems;
(7) Staging of development; and
(8) Nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.
b. Application: After receipt of the concept review team's written report, the applicant shall file an application for approval of a preliminary plan in accordance with the provisions of chapter 3 of this title.
c. Hearing: The application for approval of a preliminary plan shall then be reviewed by staff, the village's consultants and other relevant agencies, after which the planning commission shall hold a public hearing on the application. The public hearing shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.
d. Recommendation By The Planning Commission: After the close of the hearing, unless the applicant shall have consented to a longer period, the planning commission shall transmit to the village board a written report giving its findings and recommendations of denial or approval, with or without modifications or conditions, of the preliminary plan.
e. Decision Of The Village Board: After the receipt of the recommendation of the planning commission, the village board shall either:
(1) Deny the preliminary plan; or
(2) Shall refer it back to the planning commission for further consideration of specified matters; or
(3) Approve the preliminary plan, with or without modifications or conditions to be accepted by the applicant as a condition of such approval.
3. Final Plan:
a. Purpose: The final plan is intended to particularize, refine, and implement the preliminary plan 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.
b. Application: After approval of the preliminary plan, the applicant shall file an application for approval of a final plan in accordance with the provisions of chapter 3 of this title. The application may include the entire area included in the approved preliminary plan or one or more stages or units thereof in accordance with the staging plan, if any, approved as part of the preliminary plan. The application shall refine, implement, and be in substantial conformity with the approved preliminary plan.
c. Public Meeting: The planning commission shall review the application for final plan approval at a regularly scheduled public meeting.
d. Recommendation By Planning Commission: After review of the final plan, the planning commission shall transmit to the village board a written report giving its findings and recommendations of denial or approval, with or without modifications or conditions, of the final plan.
e. Action By Village Board:
(1) After the receipt of the recommendation of the planning commission, or its failure to act as above provided, the village board shall either:
(A) Deny the final plan; or
(B) Shall refer it back to the planning commission for further consideration of specified matters; or
(C) Approve the final plan, with or without modifications or conditions to be accepted by the applicant as a condition of such approval.
(2) In approving the final plan, the village board shall grant a special use permit authorizing the proposed planned development.
f. Recording Of Final Plan: When a final plan is approved, the zoning official shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the county recorder of deeds. No zoning certificate or other permit, allowing construction of a building or other development, shall take place until the required recording of the final plat. All recording costs shall be paid by the applicant.
g. Limitation On Final Plan Approval: Construction shall commence in accordance with the approved final plan within one year after the approval of such final plan, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within such period shall, unless an extension of time shall have been granted by the village board, automatically render void the final plan approval and all approvals of the planned development and all permits based on such approvals, and the zoning official shall, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned development that have not yet been completed.
D. Standards For Planned Development Approval: No special use permit for a planned development shall be favorably recommended or granted pursuant to this section unless the applicant shall establish that the proposed development will meet each of the standards made applicable to special uses pursuant to section 9-4-5 of this chapter. In addition, no special use permit for a planned development shall be favorably recommended or granted unless the applicant shall establish that the proposed development will meet each of the following additional standards:
1. Comprehensive Plan: A planned development must conform to the intent and spirit of the comprehensive plan of the village.
2. Site: The site of a planned development must be under single ownership and/or unified control at the time of development.
3. Compatibility: The uses permitted in a planned development must be a type and so located as to exercise no undue detrimental influence upon surrounding properties.
4. Need: A clear showing of need for the proposed use(s) must be made.
5. Yards: The required yards along the periphery of the planned development shall be at least equal in width or depth to that of the adjacent zoning district.
6. Parking Requirements: Adequate parking shall be provided and in no event shall the parking be less than that provided for in other sections of this title. Parking for residential use shall not be less than two (2) spaces per dwelling unit.
7. Traffic: Adequate provision shall be made to provide ingress and egress so designed as to minimize traffic congestion in the public street.
8. Design Standards: The provisions of the subdivision and plat ordinance of the village shall be adhered to, unless a waiver is granted by the village board.
E. Authority To Vary Regulations: The village board shall have the authority, in connection with the granting of any planned development approval pursuant to this section, to change, alter, vary, modify or waive any provisions of this title or of the subdivision and plat ordinance as they apply to an approved planned development.
1. Standards: No such change, alteration, variation, modification, or waiver shall be approved unless the village board shall find that the proposed planned development:
a. Will achieve the purposes for which planned developments may be approved pursuant to the requirements of this section;
b. Will not violate the general purposes, goals, and objectives of this title and the village's comprehensive plan; and
c. Will result in a development providing compensating amenities to the village.
2. Specific Limitations: In granting approval of any planned development, the village board shall in no event:
a. Reduce the number of off street parking and loading spaces required by the title for any use by more than twenty five percent (25%); or
b. Reduce the minimum lot area requirements applicable in any district in which the development is to be located by more than twenty five percent (25%); or
c. Increase the maximum floor area ratio applicable in any district in which the development is to be located by more than twenty five percent (25%); or
d. Permit the total lot coverage in the planned development to exceed sixty percent (60%) when located in a residential district; or
e. Reduce the minimum yard requirements applicable in any district in which the development is to be located by more than twenty five percent (25%).
F. Conditions On Planned Development Approval: The approval of either a preliminary plan or a final plan may be conditioned on such matters as the village board may find necessary to prevent or minimize any possible adverse effects of the proposed planned development or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this title, the subdivision and plat ordinance, and the official comprehensive plan.
G. Regulation During And Following Completion Of Development: Following final plan approval, the final plan, rather than any other provision of this title, shall constitute the use, parking, loading, sign, bulk, space, and yard regulations applicable to the subject property, and no use or development, other than home occupation and temporary uses, not allowed by the final plan shall be permitted within the area of the planned development pursuant to the zoning district regulations otherwise applicable to such area.
H. Adjustments To Final Plan During Development:
1. Minor Adjustments: During build out of a planned development, the zoning official may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:
a. Altering the location of any one structure or group of structures by not more than fifteen percent (15%) or twenty feet (20') whichever is greater of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned development, whichever is less; and
b. Altering the location of any circulation element by not more than fifteen percent (15%) or twenty feet (20') whichever is greater of the distance shown on the approved final plan between such circulation element and any structure, whichever is less; and
c. Altering the location of any open space by not more than twenty five percent (25%); and
d. Altering any final grade by not more than fifteen percent (15%) of the originally planned grade; and
e. Altering the location or type of landscaping elements.
f. All minor adjustments shall be consistent with the intent of this title and the final plan, and shall be the minimum necessary to overcome the particular difficulty.
2. Major Adjustments: Any adjustment to the final plan not authorized by subsection H1 of this section, shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the village board. The village board may, by ordinance duly adopted, grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with said final plan. If the village board determines that a major adjustment is not in substantial conformity with the final plan as approved, then the village board shall refer the request to the planning commission for further hearing and review as provided in subsection C2c of this section. (Ord. 2000-O-005, 2-14-2000)