1. Purpose. Planned developments are a distinct category of special use permits intended to allow flexibility in the application of the standards of this Ordinance for significant development proposals that provide amenities to the community beyond those required of conventional development applications. The planned development process seeks to achieve the following specific purposes:
a. Encourage creativity, flexibility, sustainability, and environmental sensitivity in the development of land and the design of structures.
b. Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.
c. Facilitate development that is consistent with Village land use policies, particularly in areas designated for potential redevelopment.
d. Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.
e. Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.
2. Applicability.
a. Special Use Permit Standards. A planned development shall be granted in accordance with the procedures, standards, and requirements of this Section, Section 156.07 (Uses) and § 156.03.C.3 (Special Use Permit). The Ordinance granting or amending the planned development as a special use may depart or deviate from the standards, and requirements of this Ordinance.
b. Zoning District Exceptions. Planned developments are subject to the regulations of the zoning district in which they are located, unless exceptions from these regulations are approved by the Village Board and found to be in accordance with § 156.03.D.6 (Standards for Planned Developments).
c. Subdivision Plats and Building Permits. When applied for separately, approval of a planned development is required prior to approval of a subdivision plat in accordance with § 156.03.B (Subdivision Applications) or a building permit in accordance with Chapter 150 (Building Regulations). However, a planned development and a subdivision plat may be applied for and approved concurrently.
3. Procedure. An application for a planned development shall follow a four-step procedure, which includes a pre-application consultation, an optional concept plan consultation, a preliminary plan, and a final plan. The applicant may submit concurrent applications for the preliminary plan and final plan, in which case the preliminary plan and the final plan shall be comprised of the same document in accordance with § 156.03.C.3.d (Final Plan).
a. Pre-Application Consultation. The purpose of the pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparation of the optional concept plan or preliminary plan.
(1) Action by the Zoning Administrator.
(a) Prior to filing a formal application for a planned development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned development.
(b) The Zoning Administrator and appropriate Village staff shall meet with the applicant to discuss the proposed planned development and the requirements for a planned development application.
(c) The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.
(d) Any advice and assistance provided by the Zoning Administrator and Village staff shall not be binding upon the Village Board or Planning and Zoning Commission with respect to the formal planned development application.
b. Optional Concept Plan Consultation. The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from the Planning and Zoning Commission and Village Board prior to preparation of the preliminary plan.
(1) Action by the Planning and Zoning Commission.
(a) Prior to filing a formal application for a planned development, the applicant may arrange a concept plan consultation with the Planning and Zoning Commission to discuss the proposed planned development.
(b) The Planning and Zoning Commission shall meet with the applicant to discuss the proposed planned development and the requirements for a planned development application.
(c) The Planning and Zoning Commission shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.
(d) Any views expressed by the Planning and Zoning Commission shall be deemed to be advisory and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the Planning and Zoning Commission to recommend approval or denial of any formal application.
(2) Action by the Village Board.
(a) Following a meeting with the Planning and Zoning Commission to discuss a proposed planned development, the applicant may also arrange a concept plan consultation with the Village Board to discuss the proposed planned development.
(b) The Village Board shall meet with the applicant to discuss the proposed planned development and the requirements for a planned development application.
(c) The Village Board shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.
(d) Any views expressed by the Village Board during concept plan consultation shall be deemed to be preliminary and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the Village Board, or any member of it, to recommend approval or denial of any formal application.
c. Preliminary Plan. The purpose of the preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Planning and Zoning Commission and preliminary approval from the Village Board prior to preparation of the final plan.
(1) Action by the Zoning Administrator.
(a) Applications for a preliminary plan for a planned development and a special use permit shall be filed concurrently with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure) and the requirements for a planned development application. Applications shall not be filed prior to completion of the pre-application consultation.
(b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of § 156.03.D.6 (Standards for Planned Developments) and § 156.03.C.3.d (Standards for Special Use Permits), and schedule the application for consideration by the Planning and Zoning Commission.
(2) Action by the Planning and Zoning Commission.
(a) The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plan for a planned development and a special use permit in accordance with § 156.03.D.2 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with § 156.03.C.2 (Notice).
(c) The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application.
i. In recommending approval of a preliminary plan for a planned development and a special use permit, the Planning and Zoning Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest.
ii. In recommending approval of a preliminary plan for a planned development and a special use permit, the Planning and Zoning Commission may recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(d) The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.
(3) Action by the Village Board.
(a) The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.
(b) The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of § 156.03.D.6 (Standards for Planned Developments) and § 156.03.C.3.d (Standards for Special Use Permits).
(c) The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a preliminary plan for a planned development and a special use permit, the Village Board may:
i. Identify conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest, to be imposed at such time as final plan approval of the planned development is granted.
ii. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.
(d) Following approval of a preliminary plan for a planned development and a special use permit, the applicant shall be entitled to submit a final plan for the planned development.
d. Final Plan. The purpose of the final plan is to allow the applicant to obtain final approval of the planned development from the Village Board.
(1) Action by the Zoning Administrator.
(a) Applications for a final plan for a planned development shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure) and the requirements for a planned development application. Applications shall be filed within one year after approval of the preliminary plan.
(b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the Village Board.
(c) If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the Village Board recommending approval of the final plan and schedule the application for consideration by the Village Board.
(d) If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this Section.
(2) Action by the Village Board.
(a) The Village Board shall consider the application within 30 days after receiving the report of the Zoning Administrator recommending approval of the final plan. The 30-day period may be extended with the written consent of the applicant.
(b) The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.
(c) Upon approval of the final plan by the Village Board, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this Ordinance.
4. Amendment to Approved Planned Development. A final plan for an approved planned development may be amended in accordance with the requirements of this Section.
a. Major Amendments. Any change to an approved final plan that substantially affects the essential design, composition, and character of the planned development shall be considered a major amendment. Any amendment that is not established as a minor amendment in § 156.03.D.5.b (Minor Amendments) shall also be considered a major amendment. The Village Board shall make a decision on a request for a major amendment after receiving a recommendation from the Planning and Zoning Commission in accordance with § 156.03.D.3.c (Preliminary Plan).
b. Minor Amendments. Any change to an approved final plan that minimally affects the essential design, composition, and character of the planned development shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with § 156.03.D.3.c (Preliminary Plan). The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with § 156.03.D.4.a (Major Amendments). Minor amendments shall include the following:
(1) Any change in the proportion of land uses in the development by less than ten percentage points.
(2) Any change in the number of off-street parking spaces provided within the development by less than 10%.
(3) Any change in the gross floor area of the development by less than 5%.
(4) Any change in the building height of the development by less than 5%.
(5) Any change in the proportion of the lot coverage of the development by less than five percentage points.
(6) Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet.
5. Standards for Planned Developments. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for planned developments with specific written findings based on a balance of both the standards of this Section and the standards for special use permits in accordance with § 156.03.C.3.d (Standards for Special Use Permits).
a. The proposed planned development fulfills the objectives of the Comprehensive Plan, and other land use policies of the Village, through an innovative and creative approach to the development of land.
b. The proposed planned development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.
c. The proposed planned development will provide landscaping and screening that enhances the Village's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.
d. The proposed planned development will provide site design and development that is based on sustainable principles to ensure that low impact alternatives are integrated into the proposed project.
e. The proposed planned development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation.
f. The proposed planned development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.
6. Provision of Community Amenities. Planned developments may be granted exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the Village that are not required from conventional development applications. The amenities to be considered by the Village Board, Planning and Zoning Commission, and Zoning Administrator shall be appropriate for the scale of the planned development and may include, but are not limited to, the following:
a. Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.
b. Establishment of open space amenities, such as playing fields, playgrounds, swimming pools, and fitness facilities.
c. Enhancement of the community's natural environment, including existing natural features, water courses, trees, and native vegetation.
d. Preservation and enhancement of the community's cultural resources and historic places.
e. Provision of public infrastructure improvements that exceed the requirements of the planned development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.
f. Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.
g. Provision of residential dwelling units for affordable housing or senior housing.
h. Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act.
7. Expiration of Approved Planned Developments.
a. Preliminary Plan Expiration. Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been filed within one year after approval of the preliminary plan by the Village Board. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the Village Board.
b. Final Plan Expiration. Final plan approval shall expire and be revoked if a building permit has not been filed within one year after approval of the final plan by the Village Board. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the Village Board.
(Am. Ord. 2019-30, passed 9-16-19)