Village of Lincolnwood, IL Part A Planned Unit Developments

8.01 Purpose.

(1) The purpose of the planned unit development (PUD) approach is to provide the flexibility needed to allow more creative and imaginative design for land developments than is possible under the more conventional zoning regulations.

(2) Within the framework of a PUD, normal zoning standards may be modified. The resulting flexibility is intended to encourage developments that are more environmentally sensitive, economically viable, that preserve the natural site qualities, provide better urban amenities and more open space and accomplish a higher quality project.

(3) The planned unit development is intended to provide for projects incorporating a single type or a variety of related uses which are planned and developed as a unit. The planned unit development should provide amenities not otherwise required by law, and often establishes facilities and open space greater than the minimums required by law.

(4) The unique and substantially different character of planned unit developments requires that proposed planned unit developments be processed administratively and reviewed legislatively as a special use pursuant to this Zoning Ordinance. Planned unit developments are more complex and of a different character than other special uses, thereby requiring the establishment of the specific and additional procedures, standards and exceptions, as set forth in this Part A, to guide the recommendations of the Plan Commission and the action of the Board of Trustees.

8.02 Objectives.

The planned unit development procedure is intended to achieve the following specific objectives:

(1) To permit a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities;

(2) To encourage a pattern of development to preserve natural vegetation, topographic and geological features, and environmentally appropriate features;

(3) To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development;

(4) To provide for more usable and suitably located recreation facilities and other public and private facilities;

(5) To encourage land use(s) which promote the public health, safety, comfort, morals and welfare;

(6) To be compatible with the character of the underlying zoning district in which it is located; and

(7) To be compatible with the Comprehensive Plan and facilitate development that achieves the objectives of the Comprehensive Plan, including those related to land use, transportation and community facilities.

8.03 Applicability of Zoning Ordinance regulations.

(1) The procedures set forth in this Part A shall apply to all planned unit developments.

(2) Planned unit developments may be allowed in each of the zoning districts of the Village only as a special use approved pursuant to the procedures set forth in this Part A.

(3) Except as provided in Parts B through D of this article, the bulk regulations set forth in this Zoning Ordinance shall not apply to planned unit developments; provided, however, that Section 4.13 of this Zoning Ordinance shall apply to planned unit developments located in the B-3 Zoning District of the Village.

(4) The use, parking, and loading regulations set forth in Articles IV and VII of this Zoning Ordinance, and in Parts B through D of this article, shall apply to all planned unit developments.

(5) The following developments and uses shall be allowed only if approved as a planned unit development:

[Added 12-3-2009 by Ord. No. 2007-2867A]

a. Developments consisting of two or more principal buildings on any lot in any zoning district in the Village; and

b. The development or addition of more than one principal use of any lot in any single-family residential district in the Village.

8.04 Standards.

The Plan Commission shall not recommend, and the Board of Trustees shall not approve, the issuance of a special use permit for a planned unit development except upon finding that the proposed PUD meets the following standards:

(1) Objectives. A planned unit development must conform with the intent of the objectives set forth in Section 8.02 of this article.

(2) Size and ownership. The site of the planned unit development must be under single ownership and/or unified control, and must be not less than two acres in area.

(3) Compatibility. The planned unit development must be of a type and location so as to (a) cause no undue detrimental influence upon surrounding properties, and (b) be compatible with surrounding uses.

(4) Land designation. The proposed planned unit development shall provide for the dedication of land for recreational purposes and permanent common open space. Alternatively, the Board of Trustees may accept a cash payment in lieu of actual land dedication, or may approve a combination of cash and land dedication.

a. Common open space. In residential or mixed-use residential planned unit developments, common open space shall be provided for recreational purposes. Such open space may be designed for active or passive recreational use. Common open space shall meet the following standards:

i. Each parcel of common open space intended for active recreation shall be at least 12,000 square feet. The minimum width of the common open space shall allow for the safe participation in the active recreational activities for which it is designed. For trail purposes, the minimum open space width shall be 20 feet.

ii. The common open space must be accessible to all the residents of the proposed residential planned unit development. Sidewalks, bike trails or pedestrian trails must link the parcels.

iii. The slope of the common open space must be appropriate for the activities for which the common open space is intended.

iv. Land dedicated to the Village may be included in the calculation of usable common open space.

b. Areas excluded from common open space. Common open space provided to satisfy the requirements of this Section 8.04(4) shall not include:

i. Areas reserved for the exclusive use or benefit of an individual tenant or owner;

ii. Dedicated streets, alleys, and other public rights-of-way;

iii. Required detention areas, floodplains or wetlands, unless the Village Board determines that any such natural features, such as a creek or lake, will be a substantial amenity for the development;

iv. Vehicular drives, or parking, loading and storage areas;

v. Irregular or unusable narrow strips of land less than 50 feet wide, unless containing a trail or bicycle path; and

vi. Existing permanent utility easements.

(5) Need. The applicant must demonstrate the desirability of the plan and its benefit to the community.

(6) Yards. The required yards along the periphery of the planned unit development shall be at least equal in width and depth to those required in the adjacent zoning district or districts, except as may be approved by the Board of Trustees.

(7) Setbacks. Buildings of more than 24 feet in height shall provide a setback from any property line of a depth equal to or greater than the height of such buildings, except as may be approved by the Board of Trustees.

(8) Parking requirements. Adequate parking shall be provided and in no event shall the parking be less than that required pursuant to this Zoning Ordinance, except as may be approved by the Board of Trustees.

(9) Traffic. Adequate provision shall be made to provide ingress and egress to the PUD so as to minimize traffic congestion in the public streets and promote safety.

(10) Design standards. The PUD shall adhere to the provisions of Article VI of this Zoning Ordinance, except as may be approved by the Board of Trustees.

8.05 Procedure.

A planned unit development may be allowed as a special use in accordance with the procedures and standards set forth in this article. To the extent that the procedures, standards, and requirements set forth in this article conflict with the procedures, standards, and requirements set forth elsewhere in this Zoning Ordinance, the procedure, standards, and requirements of this article shall control.[1]

(1) Step 1. Preapplication procedure (mandatory).

a. Preapplication conference. Prior to the filing of an application for approval of a planned unit development, the developer shall file a request with the Zoning Officer for a preapplication conference with the Board of Trustees to discuss the proposed development of the subject property, which request shall be accompanied by two paper copies, and one electronic copy in a form approved by the Zoning Officer, of each of the materials listed in Section 8.06(1) of this article.

b. The preapplication conference shall be held during a regularly scheduled Board of Trustees meeting and shall be open to the public.

c. The preapplication conference shall be an informal communication and discussion, at which no commitments shall be given. Statements or opinions of the Village President or of any Village Trustee that are expressed at the preapplication conference shall not be deemed binding. No recommendations need be made to, or acted upon by, the Board of Trustees.

d. The preapplication conference shall be completed prior to (i) the filing of an application for a planned unit development, and (ii) the Development Review Team meeting required pursuant to Section 5.05(4) of this Zoning Ordinance.

(2) Step 2. Conceptual plan procedure (optional).

a. Purpose. The purpose of the conceptual plan submission is to obtain approval of the Village for the development of a parcel of land in accord with the plans, programs and schedule submitted as a part of the planned unit development application. It is intended that the proposal submitted will be in preliminary conceptual form and that, if approved, the developer will proceed with preparing detailed plans for all or a portion of the subject property for formal preliminary approval of the proposed PUD. This procedure allows for approval of an overall concept without the necessity of prejudging long-range markets and preparing precise plans for unknown quantities. The conceptual plan procedure is not mandatory.

b. Procedure. A request for the approval of a conceptual plan, as a step in the planned unit development procedure, shall be submitted to the Zoning Officer who shall refer the conceptual plan to the Plan Commission for review at a regularly scheduled public meeting.

c. The conceptual plan submittal shall consist of 15 copies of each of the materials listed in Section 8.06(2) of this article.

(3) Step 3. Preliminary approval procedure (required).

a. Purpose. The purpose of the preliminary approval submission is to obtain tentative approval and/or commitments from the Village that the plans, design and program that the developer intends to build and follow are acceptable, and that the developer can reasonably proceed into the final detailed architecture, engineering, surveying and landscape architecture in anticipation of final approval and subsequent construction. This is a relatively detailed submission that assures the applicant that the proposed PUD is preliminarily acceptable, and that the applicant can invest the money necessary to prepare final plans with the assurance that the final plans will be accepted if they substantially conform to the preliminary plans.

b. Procedure. An application for preliminary approval of the planned unit development shall be submitted to the Zoning Officer who shall refer the application to the Plan Commission for a public hearing and a report and recommendation to the Board of Trustees. All applications for preliminary approval of a planned unit development shall be subject to the site plan review procedures and standards set forth in Article V of this Zoning Ordinance.

c. The application for preliminary approval of the planned unit development shall consist of 15 copies of each of the materials listed in Section 8.06(3) of this article, and the fees required pursuant to the Annual Fee Resolution.[2]

[Amended 12-6-2011 by Ord. No. 2011-2979]

[2] Editor's Note: See Ch. A25, Fees.

d. The Plan Commission shall hold a public hearing regarding the preliminary approval of the proposed planned unit development. Notices shall be delivered in accordance with Section 5.20 of this Zoning Ordinance.

e. Within 45 days after the completion of the public hearing, or such further time to which the applicant may agree, the Plan Commission shall make findings and recommend whether the proposed PUD should be preliminarily approved, and shall submit such findings and recommendations in writing to the Board of Trustees.

f. The Board of Trustees, within 90 days after receipt of the findings and recommendations of the Plan Commission, shall either grant or deny preliminary approval of the proposed PUD, via resolution duly adopted. The failure of the Board of Trustees to act within the time period specified in this Section 8.05(3)f, or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees denying preliminary approval of the proposed PUD.

g. Preliminary approval of a planned unit development shall not constitute approval of the final PUD. Rather, it shall be deemed an expression of approval of the proposed development and a guide to the preparation of the final PUD plans and documents to be submitted pursuant to the procedures set forth in this article.

h. Notwithstanding any provision of this Article IX to the contrary, the applicant may request, in its application for approval of a preliminary PUD, that the Plan Commission approve of a combined preliminary and final PUD review. Such approval shall be in the sole discretion of the PUD and shall be granted only if the PUD determines that the proposed PUD can be effectively and fully considered through a combined review. If approval is granted by the PUD, the proposed PUD shall be reviewed at a subsequent public hearing of the Plan Commission, in accordance with and pursuant to the notice and hearing requirements set forth in Section 8.05(3) of this article and the final approval procedures set forth in Section 8.05(4) of this article.

(4) Step 4. Final approval procedure (required).

a. Purpose. The purpose of the final approval submission is to designate with particularity the development of the proposed PUD, including the subdivision of the subject property into conventional lots, as well as the division of other lands, not so subdivided, into common open space and building sites. The final PUD documents depict the exact location of facilities, while the preliminary PUD documents show the general location of the same facilities.

b. Procedure. The final PUD documents shall conform substantially to the plans preliminarily approved by the Board of Trustees. If desired by the developer, the final PUD documents may be submitted and reviewed in stages, with each stage reflecting that portion of the subject property proposed to be approved and developed; provided, however, that the first application for final approval must be submitted not later than three years from the date of adoption of the resolution granting preliminary approval of the proposed planned unit development.

c. The application for final approval of the planned unit development shall consist of 15 copies of each of the materials listed in Section 8.06(4) of this article.

d. The application for final approval of the planned unit development shall be submitted to the Zoning Officer who shall refer the application to the Plan Commission for review at a regularly scheduled public meeting.

e. Within 45 days after its receipt of a completed application for final approval of the planned unit development, or such further time to which the Applicant may agree, the Plan Commission shall either (i) recommend approval of the final planned unit development, if the application is in substantial conformance with the approved preliminary PUD, or (ii) recommend disapproval of the final planned united development, if the final approval application is not in substantial conformance with the approved preliminary PUD.

f. Within 90 days after receipt of the recommendation of the Plan Commission, or such further time to which the applicant may agree, the Board of Trustees shall approve or deny the final PUD, via ordinance duly adopted. The failure of the Board of Trustees to act within the time period specified in this Section 8.05(4)f, or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees denying final approval of the proposed PUD.

g. Permits are to be issued only after the ordinance approving the final planned unit development and supporting data have been recorded with the County Recorder of Deeds, and shall be issued in full conformance with all applicable ordinances. The ordinance approving the final planned unit development shall be effective only upon its recording with the County Recorder of Deeds.

(5) Changes in the planned unit development. The planned unit development shall be developed only according to the approved and recorded ordinance approving the final PUD. Changes to the approved planned unit development may be made as follows:

a. Major changes. Changes which alter the concept or intent of the planned unit development, including increases in density, increases in the height of buildings, reduction of proposed open space, substantial changes in the development schedule, changes in road standards, or substantial changes in the final governing agreements, provisions or covenants, may be approved only upon submission of all required documents, and review by the Plan Commission and approval by the Board of Trustees, in the manner set forth in Section 8.05(4) of this article.

b. Minor changes. The Zoning Officer may approve minor changes in the planned unit development which do not change the concept or intent of the development. Minor changes shall be any change not defined in this Section 8.05(5) as a major change. Specifically, and without limitation of the foregoing, changes in signage which do not increase the height, area, number and location of previously approved signage shall be considered minor changes.

(6) Construction schedule requirements. Construction of an approved planned unit development must begin within two years after of the date adoption of the ordinance approving the final PUD. The Village shall have the right to revoke any approved planned unit development for which construction does not begin within two years after the date of adoption of the ordinance approving the final PUD, or for which construction falls more than three years behind the approved construction schedule, upon a public hearing before the Board of Trustees.

[1] Editor's Note: A diagram depicting the planned unit development procedure is included at the end of this chapter.

8.06 Specific content.

[Ord. No. Z2009-368]

Applications for a planned unit development plat shall include at least the following documents and information, unless waived by the Plan Commission in its discretion:

(1) Preapplication stage (required).

a. General site information: data regarding site conditions, land characteristics, available community facilities and utilities, existing covenants, and other related information.

b. A plat of survey of the subject property.

c. Sketch plan: a drawing in simple sketch form showing the proposed location and extent of the land uses, streets, lots and other features.

d. Legal description: a complete property survey and legal description of the site proposed for development.

e. A written description of the proposed planned unit development, describing the purpose of the development and proposed land uses.

(2) Conceptual plan stage (optional).

a. All materials required pursuant to Section 806(1) of this article for the preapplication conference.

b. Any or all of the materials otherwise required pursuant to Section 8.06(3) of this article for preliminary approval of the proposed planned unit development.

(3) Preliminary approval stage (required).

a. Detailed plan. A drawing of the planned unit development shall be prepared at a scale of not less than one inch to 100 feet and shall show such designations as proposed streets (public and private), all buildings and their uses, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings, and shall include, without limitation:

i. Boundary lines: bearings and distances.

ii. Easements: location, width and purpose.

iii. Streets on and adjacent to the tract: street name, right-of-way width, existing or proposed center-line elevations, pavement type, walks, curbs, gutters, and culverts.

iv. Utilities on and adjacent to the subject property: location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines, and streetlights; direction and distance to and size of nearest usable water mains and sewers adjacent to the tract showing invert elevation of sewers.

v. Ground elevations on the subject property.

vi. Other conditions on the subject property: watercourses, floodplains, marshes, rock outcrops, wooded areas, isolated preservable trees one foot or more in diameter, houses, accessory buildings, and other significant features.

vii. Other conditions on adjacent land — approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, tower, and other nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platter land refer to subdivision plat by name, and show approximate percent built-up, typical lot size and dwelling type.

viii. Zoning: show zoning districts on and adjacent to the subject property.

ix. Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the subject property.

x. Open space: all parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose intended.

xi. Structures: general location, purpose and height, in feet or stories, of each building.

xii. Map data: name of development, name of site planner, North point, scale, date of preparation, and acreage of site.

xiii. Miscellaneous: such additional information as may be required by the Plan Commission.

b. Site data. A written explanation of the graphic elements of the plan, including:

i. Description and quantity of land uses;

ii. Description of residential units by type;

iii. Number of dwelling units;

iv. Estimated population; and

v. Description of the development standards and design criteria.

c. Subdivision plat. If the subject property is to be subdivided in connection with the proposed planned unit development, a preliminary subdivision plat shall be submitted, in compliance with the requirements of the Subdivision Ordinance.

d. Statement of purpose. A statement of the purpose and planning objectives to be achieved by the proposed planned unit development. This statement should include a description of the character of the proposed development, the proposed land uses, any proposed exceptions to the otherwise-applicable regulations set forth in this Zoning Ordinance, and the rationale behind the assumptions and choices of the applicant.

e. Ownership. Statement of present and proposed ownership of all land within the proposed planned unit development, including present tract designation according to official records in offices of the County Recorder of Deeds. If legal title to the property is in trust, then a statement of the names and percentage of interest of all the beneficiaries shall be submitted. If legal title to the property is in a corporation, limited partnership or other legal entity, then a statement of the names of all persons or entities owning 10% or more of the stock or other ownership interest shall be submitted.

f. Schedule. Development schedule, indicating:

i. The stages in which the proposed planned unit development project will be constructed, with an emphasis on the area, density, use and public facilities such as open space to be developed within each stage. The overall design of each stage shall be shown on the site plan and through supporting graphic material.

ii. The approximate dates for the beginning and completion of each stage of development.

g. Covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the proposed planned unit development.

h. Density. Information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each dwelling unit type.

i. Nonresidential use. Provide information on the type and amount of ancillary and nonresidential uses, including the amount of common open space.

j. Service facilities. Provide information on all service facilities and off-street parking facilities.

k. Architectural plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to afford an understanding of the style of the development, the design of the building, and the number, size and type of dwelling units. The floor area of all building types, and the total ground coverage and height of buildings, shall also be provided.

l. Environment. A preliminary statement identifying existing natural and environmental resources and the method to protect the physical amenities of the site, including information on topography, surface hydrology, vegetation and natural coverage, and soils and subsurface conditions.

m. Utilities. A preliminary engineering study providing information on existing and proposed sanitary, storm, water and other utilities necessary to adequately service the proposed planned unit development.

n. Landscape plans. Preliminary plans for vegetation, earth sculpturing, berming and aesthetic features shall be submitted in accordance with Part D of Article VI of this Zoning Ordinance.

o. Facilities plans. Preliminary plans or information demonstrating the adequacy of service to the proposed PUD shall be submitted for:

i. Roads, including classification, width of right-of-way, width of pavement and typical construction details;

ii. Lighting programs; and

iii. Sidewalks, paths and cycle trails.

p. School impact study. Information on the tax impact of the proposed PUD on local school districts, including details regarding student load, student scheduling, and the financial impact.

q. Tax impact study. Information on the taxes to be generated by the proposed PUD and the cost to the various taxing bodies to provide the necessary services to the development.

r. Traffic analysis. Information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the proposed planned unit development, along with an analysis of the adequacy of the internal vehicular circulation pattern.

s. Market study. An economic feasibility study of the proposed planned unit development, including information on land utilization and marketing potential. Evidence should be presented showing the need and feasibility of the proposed development.

(4) Final plat stage (required).

a. Subdivision plat. If the subject property is to be subdivided in connection with the proposed planned unit development, a final subdivision plat shall be submitted, in compliance with the requirements of the Subdivision Ordinance.

b. Common open space documents. All common open space may be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or retained by the developer. In any event, the Plan Commission may require legally binding covenants and other guarantees, in a form approved by the Village Attorney, that the common open space will be permanently preserved as an open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien against the individually owned property in the planned unit development for maintenance and improvement of the common open space. Such documents shall also provide that the Village shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have a lien against the individually owned property in the planned unit development for the costs thereof.

c. Facilities and improvements. Detailed construction plans shall be submitted for all facilities and improvements to be built in connection with the proposed planned unit development, including, without limitation: roads, curbs, gutters, street lights, street signs, water, sewers, improvements of open spaces, recreational facilities, and public parking facilities.

d. Construction plans. Detailed plans shall be submitted for the design, construction or installation of site amenities, including buildings, landscaping, lakes and other site improvements.

e. Construction schedule. A final construction schedule shall be submitted for that portion of the planned unit development for which final approval is requested.

f. Covenants. All required final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development.

8.07 Conditions and guarantees.

Prior to the final approval of any planned unit development, the Plan Commission may recommend, and the Board of Trustees may impose, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, protection of the adjacent area, and to secure compliance with the standards specified in 8.04 of this article. In all cases in which planned unit developments are approved, the Board of Trustees shall require such evidence and guarantees as it may deem necessary as proof that the applicant is complying, and will comply, with the conditions imposed in connection therewith.