[Prior code § 17.1111(1)]
A.
The purpose of this chapter is to provide regulations which govern
the procedure and requirements for the review and approval, or denial,
of proposed planned unit developments, and to provide for the possible
relaxation of certain development standards pertaining to the underlying
standard zoning district.
B.
Planned unit developments are intended to provide more incentives
for infill development and redevelopment in areas of the community
which are experiencing a lack of significant reinvestment. Furthermore,
planned unit developments are designed to forward both the aesthetic
and economic development objectives of the Village by controlling
the site design and the appearance, density or intensity of development
in terms of more flexible requirements for land uses, density, intensity,
bulk, landscaping, and parking requirements. In exchange for such
flexibility, the planned unit development shall provide a much higher
level of site design, architectural control and other aspects of aesthetic
and functional excellence than normally required for other developments.
C.
Planned unit developments have the potential to create undesirable
impacts on nearby properties if allowed to develop simply under the
general requirements of this title. In addition to such potential,
planned unit developments also have the potential to create undesirable
impacts on nearby properties which potentially cannot be determined
except with a binding site plan, landscape plan and architectural
plan, and on a case by case basis. In order to prevent this from occurring,
all planned unit developments are required to meet certain procedural
requirements applicable only to planned unit developments, in addition
to the general requirements of the zoning ordinance. A public hearing
process is required to review a request for a planned unit development.
This process shall essentially combine the process for a zoning map
amendment with that required for a conditional use, with several additional
requirements.
[Prior code § 17.1111(2)]
A.
Permitted Location. Planned unit developments shall be permitted
with the approval of a planned unit development overlay zoning district,
specific to the approved planned unit development.
B.
Flexible Development Standards. The following exemptions to the development
standards of the underlying zoning district may be provided with the
approval of a planned unit development:
1.
Land Use Requirements. All residential, institutional, or commercial
land uses may be permitted within a planned unit development.
2.
Density and Intensity Requirements. All requirements listed for residential
density and nonresidential intensity may be waived within a planned
unit development.
3.
Bulk Requirements. All residential and nonresidential bulk requirements
may be waived within a planned unit development.
4.
Landscaping Requirements. All landscaping requirements may be waived
within a planned unit development.
5.
Parking and Loading Requirements. All requirements for off street
parking and loading, and traffic circulation may be waived within
a planned unit development.
C.
Requirements to Depict All Aspects of Development. Only development
which is explicitly depicted on the required site plan approved by
the Village Board as part of the approved planned unit development,
shall be permitted, even if such development (including all aspects
of land use, density and intensity, bulk, landscaping, and parking
and loading), is otherwise listed as permitted. Requested exemptions
from these standards shall be made explicit by the applicant in the
application, and shall be recommended by the Plan Commission and approved
explicitly by the Village Board. If not so requested and approved,
such exemptions shall not be permitted.
[Prior code § 17.1111(3)]
Proceedings for approval of a planned unit development shall
be initiated by:
[Prior code § 17.1111(4)]
All applications for proposed planned unit developments, regardless of the party of their initiation per Section 17.70.030, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of the complete application to the office of the Village Clerk. The application shall apply to each of the process steps in Sections 17.70.050 through 17.70.080.
[Prior code § 17.1111(5)]
A.
The applicant shall contact the Zoning Administrator to place an
informal discussion item for the PUD on the Plan Commission agenda.
B.
No details beyond the name of the applicant and the identification
of the discussion item as a PUD is required to be given in the agenda.
C.
At the Plan Commission meeting, the applicant shall engage in an
informal discussion with the Plan Commission regarding the potential
PUD. Appropriate topics for discussion may include the location of
the PUD, general project themes and images, the general mix of dwelling
unit types and/or land uses being considered, approximate residential
densities and nonresidential intensities, the general treatment of
natural features, the general relationship to nearby properties and
public streets, and relationship to the master plan.
D.
Points of discussion and conclusions reached in this stage of the
process shall be in no way be binding upon the applicant or the Village,
but should be considered as the informal, nonbinding basis for proceeding
to the next step.
[Prior code § 17.1111(6)]
A.
The applicant shall provide the Zoning Administrator with a draft
PUD concept plan submittal packet for a determination of completeness
prior to placing the proposed PUD on the Plan Commission agenda for
concept plan review. This submittal packet shall contain all of the
following items, prior to its acceptance by the Zoning Administrator
and placement of the item on a Plan Commission agenda for concept
plan review:
1.
A location map of the subject property and its vicinity at 11 inches
by 17 inches, as depicted on a copy of the Village land use plan map;
2.
A general written description of proposed PUD including:
a.
General project themes and images.
b.
The general mix of dwelling unit types and/or land uses.
c.
Approximate residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio.
d.
The general treatment of natural features.
e.
The general relationship to nearby properties and public streets.
f.
The general relationship of the project to the master plan,
g.
An initial draft list of zoning standards which will not be
met by the proposed PUD and the location(s) in which they apply and,
a complete list of zoning standards which will be more than met by
the proposed PUD and the location(s) in which they apply. Essentially,
the purpose of this listing shall be to provide the Plan Commission
with information necessary to determine the relative merits of the
project in regard to private benefit versus public benefit, and in
regard to the mitigation of potential adverse impacts created by design
flexibility; and
4.
A conceptual plan drawing at 11 inches by 17 inches of the general
land use layout and the general location of major public streets and/or
private drives. The applicant may submit copies of a larger version
of the concept plan in addition to the 11 inches by 17 inches.
B.
Within 10 working days of receiving the draft PUD concept plan submittal
packet, the Zoning Administrator shall determine whether the submittal
is complete. Once the Zoning Administrator has received a complete
packet, the proposed PUD concept plan shall be placed on the Plan
Commission agenda.
C.
At the Plan Commission meeting, the applicant shall engage in an
informal discussion with the Plan Commission regarding the conceptual
PUD. Appropriate topics for discussion may include the any of the
information provided in the PUD concept plan submittal packet, or
other items as determined by the Plan Commission.
D.
Points of discussion and conclusions reached in this stage of the
process shall be in no way be binding upon the applicant or the Village,
but should be considered as the informal, nonbinding basis for proceeding
to the next step. The preferred procedure is for one or more iterations
of Plan Commission review of the concept plan to occur prior to introduction
of the formal petition for rezoning which accompanies the general
development plan (GDP) application.
[Prior code § 17.1111(7)]
The applicant shall provide the Zoning Administrator with a
draft GDP plan submittal packet for a determination of completeness
prior to placing the proposed GDP on the Plan Commission agenda for
GDP review. This submittal packet shall contain all of the following
items, prior to its acceptance by the Zoning Administrator and placement
of the item on a Plan Commission agenda for GDP review:
A.
A location map of the subject property and its vicinity at 11 inches
by 17 inches, as depicted on a copy of the Village land use plan map:
B.
A map of the subject property showing all lands for which the planned
unit development is proposed, and all other lands within 200 feet
of the boundaries of the subject property, together with the names
and addresses of the owners of all lands on the map as the same appear
on the current records of the register of deeds of Walworth County
(as provided by the Village of Darien). The map shall clearly indicate
the current zoning of the subject property and its environs, and the
jurisdiction(s) which maintains that control. The map and all its
parts and attachments shall be submitted in a form which is clearly
reproducible with a photocopier, and shall be at a scale which is
not less than one inch equals 800 feet. All lot dimensions of the
subject property, a graphic scale, and a north arrow shall be provided;
C.
A general written description of proposed PUD including:
1.
General project themes and images,
2.
The general mix of dwelling unit types and/or land uses,
3.
Approximate residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio.
4.
The general treatment of natural features,
5.
The general relationship to nearby properties and public streets,
6.
The general relationship of the project to the master plan.
7.
A statement of rationale as to why PUD zoning is proposed. This shall
identify barriers that the applicant perceives in the form of requirements
of standard zoning districts and opportunities for community betterment
the applicant suggests are available through the proposed PUD zoning.
8.
A complete list of zoning standards which will not be met by the
proposed PUD and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PUD and the location(s) in which they apply shall be identified. Essentially,
the purpose of this listing shall be to provide the Plan Commission
with information necessary to determine the relative merits of the
project in regard to private benefit versus public benefit, and in
regard to the mitigation of potential adverse impacts created by design
flexibility.
D.
A general development plan drawing at a minimum scale of one inch
= 100 feet (11 inches by 17 inches reduction shall also be provided
by applicant) of the proposed project showing at least the following
information in sufficient detail to make an evaluation against criteria
for approval:
1.
A conceptual plan drawing (at 11 inches by 17 inches) of the general
land use layout and the general location of major public streets and/or
private drives. The applicant may submit copies of a larger version
of the concept plan in addition to the 11 inches by 17 inches reduction.
2.
Location of recreational and open space areas and facilities and
specifically describing those that are to be reserved or dedicated
for public acquisition and use,
3.
Statistical data on minimum lot sizes in the development, the approximate
areas of large development lots and pads, density/intensity of various
parts of the development, floor area ratio, impervious surface area
ratio and landscape surface area ratio of various land uses, expected
staging, and any other plans required by the Plan Commission or Village
Board, and
4.
Notations relating the written information provided in Subsection
(C)(1) through (6) of this section, to specific areas on the GDP drawing;
E.
A general conceptual landscaping plan for subject property, noting
approximate locations of foundation, street, yard and paving, landscaping,
and the compliance of development with all landscaping requirements
of this title (except as noted in the listing of exceptions) and the
use of extra landscaping and bufferyards;
F.
A general signage plan for the project, including all project identification
signs and concepts for public fixtures and signs (such as street light
fixtures and/or poles or street sign faces and/or poles) which are
proposed to vary from Village standards or common practices;
G.
Written justification for the proposed planned unit development.
(The applicant is advised to use the requirements of the zoning map
amendment procedure to develop the written justification);
H.
The process and fees for review and approval of the GDP shall be
identical to that for zoning map amendments per the zoning ordinance
and (if land is to be divided) to that for preliminary and final plats
of subdivision per the Municipal Code. The approval of a GDP shall
establish a PUD/GDP overlay that is depicted as such on the official
zoning map. The underlying use zoning however, shall control development
within the area of the GDP until all or portions of the GDP are approved
as a PIP;
I.
All portions of an approved PUD/GDP not fully developed within three
years of final Village Board approval shall expire, and no additional
PUD-based development shall be permitted. The Village Board may extend
this three-year period by up to five additional years via a majority
vote following a public hearing.
[Prior code § 17.1111(8)]
After the effective date of the rezoning to PUD/GDP, the applicant
may file an application for a proposed precise implementation plan
(PIP) with the Plan Commission. This submittal packet shall contain
all of the following items, prior to its acceptance by the Zoning
Administrator and placement of the item on a Plan Commission agenda
for PUD review:
A.
A location map of the subject property and its vicinity at 11 inches
by 17 inches, as depicted on a copy of the Village land use plan map;
B.
A map of the subject property showing all lands for which the planned
unit development is proposed, and all other lands within 200 feet
of the boundaries of the subject property, together with the names
and addresses of the owners of all lands on the map as the same appear
on the current records of the register of deeds of Walworth County
(as provided by the Village). The map shall clearly indicate the current
zoning of the subject property and its environs, and the jurisdiction(s)
which maintains that control. The map and all its parts and attachments
shall be submitted in a form which is clearly reproducible with a
photocopier, and shall be at a scale which is not less than one inch
equals 800 feet. All lot dimensions of the subject property, a graphic
scale, and a north arrow shall be provided;
C.
A general written description of proposed PIP including:
1.
Specific project themes and images,
2.
The specific mix of dwelling unit types and/or land uses,
3.
Specific residential densities and nonresidential intensities as
described by dwelling units per acre, floor area ratio and impervious
surface area ratio.
4.
The specific treatment of natural features,
5.
The specific relationship to nearby properties and public streets,
6.
A statement of rationale as to why PUD zoning is proposed. This shall
identify barriers that the applicant perceives in the form of requirements
of standard zoning districts and opportunities for community betterment
the applicant suggests are available through the proposed PUD zoning.
7.
A complete list of zoning standards which will not be met by the
proposed PIP and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PIP and the location(s) in which they apply shall be identified. The
purpose of this listing shall be to provide the Plan Commission with
information necessary to determine the relative merits of the project
in regard to private benefit versus public benefit, and in regard
to the mitigation of potential adverse impacts created by design flexibility;
D.
A precise implementation plan drawing at a minimum scale of one inch
= 100 feet (11 inches by 17 inches reduction shall also be provided
by applicant) of the proposed project showing at least the following
information in sufficient detail to make an evaluation against criteria
for approval:
1.
A PIP site plan conforming to any and all the requirements of the
site plan review and approval procedures. If the proposed planned
unit development is a cluster development or a group development,
a proposed preliminary plat or conceptual plat shall be provided in
addition to the required site plan.
2.
Location of recreational and open space areas and facilities and
specifically describing those that are to be reserved or dedicated
for public acquisition and use,
3.
Statistical data on minimum lot sizes in the development, the precise
areas of all development lots and pads, density/intensity of various
parts of the development, floor area ratio, impervious surface area
ratio and landscape surface area ratio of various land uses, expected
staging, and any other plans required by the Plan Commission or Village
Board, and
4.
Notations relating the written information provided in Subsection
(C)(1) through (6) of this section, to specific areas on the GDP drawing;
E.
A landscaping plan for subject property, specifying the location,
species, and installed size of all trees and shrubs. This plan shall
also include a chart which provides a cumulative total for each species,
type and required location (foundation, yard, street, paved area or
bufferyard) of all trees and shrubs.
F.
A series of building elevations for the entire exterior of all buildings
in the planned unit development, including detailed notes as to the
materials and colors proposed;
G.
A general signage plan for the project, including all project identification
signs, concepts for public fixtures and signs (such as street light
fixtures and/or poles or street sign faces and/or poles), and group
development signage themes which are proposed to vary from Village
standards or common practices;
H.
A general outline of the intended organizational structure for a
property owners association, if any; deed restrictions and provisions
for private provision of common services, if any;
I.
A written description which demonstrates the full consistency of
the proposed PIP with the approved GDP;
J.
Any and all variations between the requirements of the applicable
PUD/GDP zoning district and the proposed PIP development; and
K.
The applicant shall submit proof of financing capability pertaining
to construction and maintenance and operation of public works elements
of the proposed development;
L.
The area included in a precise implementation plan may be only a
portion of the area included in a previously approved general implementation
plan;
M.
The precise implementation plan (PIP) submission may include site
plan and design information, allowing the Plan Commission to combine
design review and review of the PIP. Design review may, at the choice
of the applicant, be deferred until a later time when specific site
and building developments will be brought forth:
N.
The Plan Commission or Village Board may specify other plans, documents
or schedules that must be submitted prior to consideration or approval
of the PIP, as such may be relevant to review;
O.
The process and fees for review and approval of the PUD shall be
identical to that for conditional use permits per the zoning ordinance
and (if land is to be divided) to that for preliminary and final plats
of subdivision per the Municipal Code. The approval of a PUD/PIP shall
formally establish the PUD/PIP overlay zoning district and any such
land uses and site plans included in the approved PIPs;
P.
All portions of an approved PUD/PIP not fully developed within three
years of final Village Board approval shall expire, and no additional
PUD-based development shall be permitted. The Village Board may extend
this three-year period by up to five additional years via a majority
vote following a public hearing.
