(a) Submission. The owner of the proposed R1-PUD shall submit three copies of the following to the Zoning Administrator who, in turn, will retain one copy in the permanent records of the Village and transmit two copies to the Planning Commission:
(1) A proposed site plan at a scale equal to or larger than one inch equals fifty feet, including proposed streets and other transportation facilities, parking, the location of all structures, fences, walkways, recreation facilities and other facilities, existing and finish grades, as well as all neighboring properties and buildings within 200 feet of the proposed site;
(2) A detailed description of the structures to be erected;
(3) All elevations of the structures to be erected, with drawings scaled at one-eighth inch equals one foot or larger;
(4) The percentage of different land uses involved as referred to in Section 1276.01 and the lot area covered by each land use;
(5) The designation and location of open spaces;
(6) Any and all other requirements set forth in Section 1266.08;
(7) Proof of financial ability to complete the project (such as a letter of credit, commitment letter or other reasonable demonstration of financial ability).
(b) Planning Commission Review. The Zoning Administrator shall notify the Planning Commission Chairperson of the receipt of an R1-PUD proposed plan. Upon notification, the Chairperson shall place the R1-PUD proposal on the Planning Commission agenda for the next regularly scheduled meeting of the Planning Commission occurring not less than seven days from the Chairperson's receipt of notice of the proposal. At the Chairperson's discretion, a special meeting of the Planning Commission may be scheduled, but, in that case, no earlier than seven days from the date of mailing or hand delivering notice of the meeting to the Planning Commission members, whichever occurs later. The Planning Commission shall study and review the proposed R1-PUD application to determine whether all requirements have been satisfied and that the following specific conditions are fully met:
(1) That the R1-PUD District is in conformity with the Comprehensive Zoning Plan;
(2) That the development shall not exceed the maximum density allowed;
(3) That the ownership of the real estate is vested in one legal entity;
(4) That the use proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
(5) That the areas proposed shall be used only as permitted in R1-PUD;
(6) That the internal streets, major and minor streets and driveways that are proposed shall properly interconnect with the surrounding existing major and minor streets in a manner which will not increase traffic congestion and which is otherwise in the best interest of the Village;
(7) That the minimum common open space area has been designated and meets the requirements for R1-PUD;
(8) That the preliminary PUD plan is consistent with the intent and purpose of this Zoning Code, to promote public health, safety and the general welfare of the residents of the Village.
(c) Acceptance, Rejection or Modification. To the extent that the above criteria have or have not been met to its satisfaction, the Planning Commission shall either accept, reject or request modification of the proposed plan.
(1) If the Planning Commission accepts the proposed plan, it shall issue a typewritten recommendation, including its findings relative to subsection (b) hereof, and it shall note its approval, including the date thereof, on all three copies of the plan and, in turn, shall submit the recommendation and two copies to the Architectural Review Board for its approval.
Notwithstanding Section 1266.05(b) with respect to R-1 dwellings, the review by the Architectural Review Board shall follow the process set forth in Sections 1266.05(a) and (b) and sections incorporated therein by express reference. Actions of the Architectural Review Board shall be submitted to the original records of the Village. Findings supporting approval, including restrictions imposed, shall be included with the Planning Commission's recommendation. The Architectural Review Board will forward all of its findings with the plans and the Planning Commission's recommendation to Council. Upon approval of the Architectural Review Board, the R1-PUD plan shall be submitted to Council for review.
(2) If the Planning Commission rejects the proposed R1-PUD, the fact and the date of rejection shall be noted upon all three copies of the proposed plan. The copy for the permanent records shall be returned to the permanent records of the Village, and the other two copies shall be returned to the owner of the proposed R1-PUD. Within thirty days of the meeting at which the decision to reject the proposed plan occurs, the owner may appeal the rejection to Council. The rejection by the Planning Commission will be reversed only by a three-fourths or greater vote of Council, in which event the proposed R1-PUD shall be referred to the Architectural Review Board for review in accordance with paragraph (c)(1) hereof.
(3) If the Planning Commission determines that modifications to the plan are necessary, the nature of the proposed modifications shall be described in a dated opinion of the Planning Commission. A copy of that opinion shall be placed in the permanent records of the Village and another copy shall be transmitted to the owner. There shall be no appeal of a request for modification by the Planning Commission to an R1-PUD plan. No further action concerning the plan shall occur until and unless the owner resubmits a modified plan.
(d) Council Action. After an R1-PUD plan has been approved by both the Planning Commission and the Architectural Review Board, the findings, recommendation and plan shall be submitted to Council. Upon receipt of reports from the Planning Commission and the Architectural Review Board, Council shall proceed in the same manner as it would upon receipt of a recommended change to this Zoning Code, as set forth in Section 1268.03.
(Ord. 1013-96. Passed 6-11-96; Ord. 1047-97. Passed 8-12-97.)