(A) Purposes. In addition to the objectives prescribed in § 155.001, the PUD - Planned Unit Development District shall meet the following special purposes:
(1) PUD District provisions are intended to encourage more efficient use of land and provision of more amenities by allowing, under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the lot-by-lot restrictions of the other standard zoning districts.
(2) The PUD provisions are intended for application to large and/or unique sites where a flexible approach to zoning regulations would facilitate more efficient use of the site, and protection of natural resources achieved through clustering development and other innovative site planning and design techniques.
(3) The PUD will encourage development of portions of a site at either higher densities or with less restrictive lot provisions in exchange for preserving other portions of the site in open space or providing above normal site amenities.
(B) Applicability.
(1) Ownership. A tract of land proposed to be developed as a PUD shall be under the control of a single owner, partnership, or a corporation, where each owner agrees in advance to be bound by the conditions and regulations that will be effective within the district, and to record such covenants, easements and other provisions with the county.
(2) Size. PUDs must be at least 5 acres in size if the parcel is vacant land, and 3 acres in size if the parcel is a development site in a predominantly built-up area.
(3) Overlay district. The PUD District shall be allowed as an overlay zoning district upon any Village zoning district except UT - Urban Transitional.
(C) General application procedure. The planned unit development application and development procedure is a two-phase process, which shall be administered by the Village’s Zoning Administrator.
(1) General development plan (PUD-GDP). The initial phase is the submittal and approval of a general development plan.
(a) The PUD-GDP establishes the land uses, the permissible densities, the general land plan, the layout of public and private roads, the general landscape plan and a description of the planned phasing.
(b) The PUD-GDP should include an outline of the intended structure of the property owners’ association, deed restrictions, and restrictive covenants, if applicable.
(c) Once a PUD-GDP is approved, the approval ordinance and the attached plans submitted by the applicant become the interim zoning regulations for the PUD site. Subsequent development must follow the PUD-GDP provisions.
(2) Specific implementation plan (PUD-SIP). The second phase of PUD approval is the submittal and approval of the PUD-SIP. The intent of the specific implementation plan is to provide the Zoning Board of Appeals and the Village Board with a precise plan for the development of each sequential phase of the PUD.
(a) PUD-SIPs must be in substantial conformance with the interim development requirements and guidelines established in the PUD-GDP.
(b) A developer may either submit the PUD-SIP for the initial phase of development at the same time as the PUD-GDP, or submit the PUD-SIP at a later date. A final development permit or building permit may not be issued until the PUD-SIP has been approved.
(D) General development plans.
(1) PUD-GDP applicant submittal requirements. The submittal requirements and review procedure for the PUD-GDP shall be as required for other zoning districts, except that, in addition to the information required for other development permits, the following information must be filed with the Administrator:
(a) A map of the project area, including its relationship to the surrounding properties, topography, or other prominent site features;
(b) A statement as to why PUD zoning is proposed. This statement shall identify reasons why PUD zoning is preferable to development under standard zoning districts.
(c) A scale plan of the site, at a scale of not less than 1 inch equals 100 feet, showing:
1. Land uses and development densities;
2. The size, arrangement and location of lots;
3. Proposed general location of buildings or groups of buildings;
4. Proposed public and private roads;
5. The location of recreational open space;
6. General landscaping plan;
7. General grading plan;
8. Statistical data on the size of the development, density/intensity of various sub-areas, and expected phasing and staging;
9. A description of the intended organizational structure for a property owners’ association, if any;
10. A description of deed restrictions or restrictive covenants, if any.
(2) PUD-GDP initial review with Zoning Department. Upon receipt of the application and plan, the Zoning Administrator shall refer it to the Zoning Board of Appeals for review as to compliance with pertinent Village standards and regulations. Within 30 days, the Administrator shall submit the Zoning Board of Appeals recommendation to the Village Board. The recommendation shall include findings of fact, and shall set forth the reasons for the recommendation, specifying with particularity in what respects the plan would or would not be in the public interest, including but not limited to:
(a) The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to, density, bulk and use, and the reason why such departures are or are not deemed to be in the public interest;
(b) The manner in which the plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;
(c) The nature and extent of open space, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities proposed in the plan;
(d) The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established;
(e) In the case of a plan that proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan;
(f) In built-up areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area;
(g) Conformity with the Village comprehensive plan.
(3) PUD-GDP Zoning Board of Appeals review. The Zoning Board of Appeals will hold a public hearing on the PUD-GDP application. Within 20 days after such hearing, the Zoning Board of Appeals shall submit its recommendations to the Zoning Committee. The Zoning Board of Appeals may recommend tentative approval, in whole or in part, with or without modification, or recommend disapproval.
(4) Village Board review. The Village Board shall either grant approval of the PUD-GDP application, with or without modification, or deny such application. If approved by the Village Board, the area of land involved shall be redesignated as a PUD-GDP overlay by ordinance, and the ordinance shall incorporate the plan, including any conditions or restrictions that may be imposed by the Village Board. The PUD-GDP is an interim zoning classification that does not enable actual development until the PUD-SIP is approved.
(E) Specific implementation plans.
(1) PUD-SIP applicant submittal requirements. Within 12 months of approval of the PUD-GDP, the applicant shall submit a PUD-SIP, with exact sizes and locations of structures and required modifications, and if required, a final plan or final plat of that segment to be developed. If the GDP-SIP and plat are not submitted within the allowed time, the approval of the PUD-GDP shall automatically become void, and the zoning will revert to the zoning district existing prior to the GDP approval.
(2) PUD-SIP Zoning Board of Appeals final review. If the Administrator finds the final plan and plat to be in substantial agreement with the approved PUD-GDP, the Administrator shall submit the documents to the Zoning Board of Appeals for recommendation on final action. If the SIP is not in substantial conformance with the PUD-GDP, the Administrator shall identify such discrepancies in a letter of transmittal to the Zoning Board of Appeals. If the Zoning Board of Appeals finds the final plan and plat to be in agreement with the approved PUD-GDP, the board shall submit the documents to the Village Board for final action.
(3) PUD-SIP Village Board review and approval. The Village Board shall consider the SIP at a regularly held meeting. A public hearing is not required at the STP stage. If approved by the Village Board, the area of land involved shall be redesignated as a PUD-SIP by ordinance, and the ordinance shall incorporate the plan, including any conditions or restrictions that may be imposed by the Village Board.
(F) Effect of PUD-SIP approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the final zoning and subdivision controls for the district. Provided the general zoning regulations that were applicable to the land involved prior to approval of the plan, and which are not inconsistent with the plan, shall continue to be applicable.
(G) Building permit restricted. Development and building permits for PUDs may not be issued until the PUD-SIP is approved by the Village Board. No building permit shall be issued for any structure within the PUD District, unless and until the Administrator certifies that it conforms to the provisions of the PUD-SIP plan and other applicable zoning requirements.
(H) Changes or alterations.
(1) Any changes of the PUD plans subsequent to approval of the PUD-SIP shall be submitted to the Administrator. If the Administrator determines that the change constitutes a substantial modification, the developer will be required to amend the PUD-SIP, and if necessary the PUD-GDP, following the procedures set forth in this section for reviews and approvals.
(2) If, in the opinion of the Administrator, such changes do not constitute a substantial alteration of either the GDP or SIP, the changes may be accomplished by approval of the Administrator. Such approved changes or modifications shall be documented and recorded in the official file of the Village on the PUD.
(3) Expiration. If substantial development progress has not occurred within 1 year of a PUD-SIP approval, the Village Board, following a Zoning Board of Appeals recommendation, may revoke the PUD-GDP and PUD-SIP approval, and revert the site zoning to its previous zoning district classification.
(Ord. 2015-26, passed 8-18-2015)