(a) PUD Submission and Review Procedure.
(1) Step 1 - Pre-Application Meeting (Optional). An applicant shall have the option to request a pre-application meeting with the Village Administrator and additional staff to informally discuss the application and any concept plans. Such a meeting shall be subject to Section 1105.02(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1105.02 and the provisions of this section.
(3) Step 3 -Development Plan and Zoning Map Amendment.
A. The PUD Development Plan approval procedure involves a zoning map amendment to rezone the subject property to a PUD with an approved PUD Development Plan.
C. In accordance with the zoning map amendment review procedure, the Planning Commission shall review the PUD Development Plan and make a recommendation to Village Council to approve, approve with modifications, or deny the application. The recommendation shall be made based on the review of the application using the criteria contained in Section 1109.04. The Planning Commission may, in its recommendation to Village Council, require that the PUD Development Plan be submitted in stages upon evidence assuring completion of the entire development in accordance with the PUD Development Plan and phased development schedule.
D. In accordance with the zoning map amendment review process, Village Council shall hold a public hearing on the PUD Development Plan and PUD zoning map amendment and decide to approve, approve with modifications, or deny the recommendation of the Planning Commission using the criteria contained in Section 1109.04, of this chapter.
i. If Village Council moves to make any of the following decisions, such action shall only require the concurring vote of a simple majority of the Village Council:
a) Approve the recommendation of the Planning Commission;
b) Approve the recommendation of the Planning Commission with some modification; or
c) Deny the application following a recommendation for approval from Planning Commission.
ii. If Village Council moves to overturn a recommendation for denial from the Planning Commission, such action shall require three-fourths of the full membership of the Village Council to concur.
E. Approval of the PUD Development Plan and zoning map amendment will result in the addition of the PUD overlay district on the zoning map.
F. In making its recommendations or decisions, the Planning Commission and/or Village Council may impose such conditions of approval as are in its judgment necessary to ensure conformity to the applicable criteria and standards of this zoning code and with adopted plans. In so doing, the Planning Commission and/or Village Council may permit the applicant to revise the plan and resubmit it as a PUD Development Plan within sixty (60) days of such action.
(4) Step 4 - Subdivision, Site Plan Review, and Zoning Compliance Review.
A. Within one year after the approval of the PUD Development Plan, the applicant shall file a major subdivision application if a subdivision of land is required. Such application shall be in accordance with Section 1105.10, and the submitted plats shall be in conformance with the approved PUD Development Plan.
B. If a subdivision of land is not required, then within one year after approval of the PUD Development Plan, the applicant shall file a site plan review or zoning compliance review, as applicable.
C. If more than one (1) year passes from the date of approval of the PUD Development Plan and no applications have been filed in accordance with the above provisions, or a request for an extension not to exceed one (1) year has been filed with the Planning Commission, then the PUD Development Plan shall be deemed expired, and the applicant must resubmit such plan.
D. In no case shall a PUD Development Plan be valid for more than two (2) years, including an approved extension.
E. After the PUD Development Plan has expired, the PUD zoning designation shall remain in place, but no development shall be authorized unless the property owner, or authorized agent, submits a new PUD Development Plan for a review pursuant to this chapter or submits an application for a zoning map amendment to another zoning district.
(b) Changes to Approved PUDs.
(1) A PUD shall be constructed and completed in accordance with the approved PUD Development Plan, including all supporting data and conditions. The PUD Development Plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees, and assignees and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the PUD as set forth therein.
(2) Where a property owner on a lot in a PUD seeks a variance from the applicable standards for an individual property that will not apply to any other property in the PUD, the property owner shall request such variance in accordance with Section 1105.07.
(3) Any request to change or otherwise modify the approved PUD Development Plan, as it applies to more than one property owner, shall be reviewed based on whether the change is considered major or minor, in accordance with this subsection.
A. Major Change.
i. Major changes to a PUD require the prior approval of the Planning Commission and the Village Council in the same process, and with the same hearings, as that used to review the PUD Development Plan. The Village Administrator shall have the authority to determine if a proposed change is a major change. Major changes include, but are not limited to:
a) Expansion of the PUD project beyond the original tract coverage;
b) Removal or subtraction of land from the original tract coverage; and
c) Proposed changes that will result in an increase in residential dwelling units of more than five percent (5%) of the total dwelling units proposed or an aggregate increase of more than ten percent (10%) in nonresidential square footage.
ii. Changes that require the approval of only the Planning Commission at a public hearing include, but are not limited to, the following:
a) Changes in the site plan relative to the size and arrangement of buildings, the layout of streets or circulation patterns, the size, configuration, and location of common open space, and changes in any approved elements of the PUD; and
b) Amendments to the conditions that were attached to the PUD Development Plan approval.
B. Minor Changes.
i. Minor changes are those proposed by the developer/owner which do not disturb or affect the basic design and approved PUD Development Plan and which are essentially technical in nature, as determined by the Village Administrator.
ii. Examples of minor changes include but are not limited to, changes in the intensity of lighting, changes in the size and location of water and sewer lines within approved easements, and changes in the location and number of fire hydrants.
iii. Additionally, the Village Administrator shall have the authority to approve structural dimensional changes that do not increase density; that do not change building height by more than ten (10) feet; or that do not change building or perimeter setbacks by more than fifteen (15) feet when necessary to accommodate minor shifts in the location of improvements or infrastructure.
iv. The Village Administrator shall notify the Planning Commission of all such approved minor changes.
(c) Revocation.
(1) In the event of a failure to comply with the approved plan or any prescribed condition or approval, including failure to comply with the stage development schedule, the Planning Commission may, after notice and hearing, revoke the approval of the PUD Development Plan. The Planning Commission shall, at the same time, recommend whether to maintain the PUD zoning district or the rezoning of the properties to another zoning district.
(2) The revocation shall become final thirty (30) days after Village Council passes an ordinance to rezone the property to a zoning district, other than a PUD, or a decision by the Planning Commission to revoke the approved plans but retain the PUD zoning.
(3) Where the PUD zoning remains without an approved PUD Development Plan, the property owner or agent shall be required to submit a new PUD Development Plan in accordance with the review procedures of this chapter.
(d) Recording. The recording of the subdivision related to the PUD approval shall be done in the same manner as outlined in Section 1105.10.
(Ord. 2879. Passed 10-23-23.)