The following procedures are required to assure the orderly review of every planned development application in a timely and equitable manner:
A. Preliminary Board Review:
1. A prospective applicant, prior to meeting with village staff for a formal prefiling review, shall appear before the corporate authorities for a preliminary board review. At a minimum, the applicant shall provide the following materials to the corporate authorities for its preliminary review: a) a preliminary concept plan of the development, and b) a brief narrative describing the overall character, intensity, uses, and nature of the proposed planned development. Prior to submission to the corporate authorities, the community development director will review the materials to confirm that the materials provide sufficient information to adequately inform the corporate authorities of the nature and scope of the proposed planned development. If sufficient information is provided, the applicant shall coordinate with the village manager to be placed on a corporate authorities agenda and scheduled for the earliest appropriate corporate authorities meeting.
2. The purpose of the preliminary board review shall be to broadly acquaint the corporate authorities with the applicant's proposal and to provide the applicant with any preliminary views or concerns that members of the corporate authorities may have at a time in the process when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for a formal application.
3. At the meeting at which the preliminary board review is conducted, any member of the corporate authorities may make any comments, suggestions or recommendations regarding the preliminary development concept plan deemed necessary or appropriate by that member; provided, however, that no final or binding action shall be taken with respect to any preliminary application. Any views expressed in the course of the corporate authorities' review of any preliminary development concept plan shall be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the corporate authorities, or any member of it, to approve or deny any formal application following full consideration as required by this chapter.
B. Prefiling Review And Transmittal Of Application:
1. Conference:
a. Following the preliminary board review, a prospective applicant, prior to submitting a formal application for a planned development, shall meet for a prefiling review conference with the village manager, the community development director, and any other village official or employee designated by the village manager. The purpose of the conference is to assist the applicant in understanding the commercial areas revitalization master plan, the requirements of this chapter, the zoning regulations, the site development allowances, the standards by which the application will be evaluated, and the application requirements.
b. After reviewing the planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed planned development. The justification for a waiver must be that the application requirement should not apply because it does not relate and is not necessary given the nature and scope of the proposed planned development. All requests for application waivers shall be made in writing to the community development director prior to the submission of the formal application documents.
c. All requests for waiver shall be reviewed by the community development director, who will make a final determination regarding the waiver within fifteen (15) working days of receipt of the request.
d. If deemed appropriate by the community development director, the applicant, prior to submitting a formal application for a planned development, will schedule a public meeting to discuss the proposed planned development and the nature and extent of impact, if any, on area residents. If a meeting is required, the applicant shall send a written notice of the meeting via certified mail to all taxpayers of record and residents for all property within five hundred feet (500') of the proposed planned development. The notice shall be mailed not more than thirty (30) nor less than fifteen (15) days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the community development director. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.
2. Filing Of Application: Following the completion of the prefiling review conference, the applicant shall file an application for a planned development in accordance with this chapter. The community development director shall deliver copies of the application to other appropriate village departments for review and comment.
3. Deficiencies: The community development director shall determine whether the application is complete. If the community development director determines that the application is not complete, then the community development director shall notify the applicant in writing of the deficiencies and shall take no further steps to process the application until the deficiencies are remedied.
4. Report On Compliance: A copy of the complete application and a written report incorporating the comments of village staff and other agencies regarding the compliance of the proposed planned development with the requirements and standards of this chapter shall be delivered to the planned development commission prior to the public hearing required by subsection C of this section.
5. Determination Not Binding: Neither the community development director's determination that an application is complete nor any comment made by the community development director or village staff at a prefiling review conference or as part of the review process shall be intended or construed as a formal or informal recommendation for or against the approval of a proposed planned development, or any component part thereof, nor shall they be intended or construed as a binding decision of the village, the planned development commission, or village staff.
C. Review And Action By The Planned Development Commission:
1. Upon receiving the report from the community development director, the planned development commission shall hold a public hearing on the proposed planned development.
2. Notice of the required public hearing shall be published by the village, at the applicant's expense, not more than thirty (30) nor less than fifteen (15) days before the scheduled hearing in a newspaper of general circulation in the village and shall contain the following information:
a. The identification number designation of the application;
b. The date and time of the public hearing;
c. The location of the public hearing; and
d. The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed planned development and purpose of the public hearing.
3. Notice of the required public hearing shall also be provided by the village, at the applicant's expense, by posting a sign or signs on the property not more than thirty (30) days nor less than fifteen (15) days prior to the public hearing. The sign shall be weatherproof and contain the information as is required in subsection C2 of this section. Failure to post the sign(s) and/or the inadvertent removal or knocking down (by the village or others) of the sign after posting but before the public hearing shall not invalidate, impair, or otherwise affect any planned development subsequently granted following the public hearing, nor shall it require a postponement of the public hearing.
4. Notice of the required public hearing shall also be provided by the applicant by certified U.S. mail, return receipt requested, to the taxpayers of record and owners of record of the property which is the subject of the application (if different than the applicant), and the taxpayers of record and residents of all property within five hundred feet (500') of the subject property. The notice shall contain the information as is required in subsection C2 of this section and shall be mailed not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing. The notice shall also include the name and address and phone number of the applicant for the planned development.
5. The transcript of testimony, if any, the commission's minutes, all applications, requests, exhibits, and papers filed in the proceeding before the commission, and the decision and report, or reports, of the commission shall constitute the record for that particular application.
6. The planned development commission shall review the application, the standards and requirements established by this chapter, the report of the community development director, and any oral and written comments and testimony received by the planned development commission before and at the public hearing. The planned development commission shall recommend approval, approval with conditions, or disapproval of the proposed planned development.
7. Every recommendation of the commission upon any application filed pursuant to this chapter shall be by a written resolution and shall include such findings of fact and conclusions as the commission shall deem necessary. The resolutions shall generally refer to the evidence in the record and to the exhibits, plans, or specifications upon which the recommendation is based. The resolution shall generally specify the reason or reasons for the recommendation and shall contain a conclusion or statement separate from the findings setting forth the recommendation of the commission. Every resolution shall expressly set forth any limitations or conditions recommended by the commission. In order to make a recommendation to approve (with or without conditions) or a recommendation to deny a proposed planned development or an amendment to an existing planned development, the affirmative vote of a majority of all members of the commission then holding office shall be required.
D. Review And Action By The Corporate Authorities:
1. Within sixty (60) days of receipt of the report and recommendation of the planned development commission, and without further public hearing, the corporate authorities shall, at a minimum, commence consideration of the proposed planned development. The corporate authorities will attempt to conclude its consideration and render a final decision as soon as possible within that sixty (60) day time period, but may extend its consideration as necessary to allow a full and complete review and consideration of the proposed planned development. Following its consideration, the corporate authorities shall: a) deny the application; b) refer the application back to the planned development commission for further review and, if necessary, additional public hearings; c) postpone further consideration pending the submittal of additional information, including any application requirement previously waived but deemed necessary by the village for its consideration; or d) adopt an ordinance approving the planned development.
2. Any action taken by the corporate authorities pursuant to subsection D1 of this section shall require the concurrence of a majority of the corporate authorities; provided, however, that any proposed planned development that does not receive a recommendation of approval (with or without conditions) from the planned development commission shall not be approved by the corporate authorities except by the affirmative vote of two- thirds (2/3) of the corporate authorities.
3. In approving a planned development, the corporate authorities may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this chapter and to prevent or minimize adverse effects on other property in the immediate vicinity. The conditions may include, but are not limited to: impact donations and other related fees or property or monetary contributions; limitations on size, bulk, location, and setbacks; requirements for landscaping, signage, and outdoor lighting; provisions for adequate ingress and egress; hours of operation; and such other conditions as the corporate authorities may deem necessary in furtherance of the objectives of this chapter.
E. Exemptions: At the election of the applicant, the planned development provisions of this chapter shall not apply to an existing development or a proposed development project that satisfies all of the underlying zoning regulations applicable to the property. In such case, the proposed development will be subject to the processes of the village that are applicable to any new construction project. (Ord. G-890, 7-14-2009; Ord. G-904, 11-10-2009)