Village of Homer Glen, IL Planned Development

Planned developments, also referred to as planned unit developments (PUD), are unique and substantially different from conventional subdivisions and therefore require administrative processing as "special uses" in this chapter. Planned developments are complex and of a different character than other special uses requiring the establishment of more specific procedures, standards and exceptions in order to guide the recommendations of the Plan Commission and the Village Board to facilitate appropriate development within the Village. The regulations herein shall be in addition to any requirements that are contained in Chapter 107, Article IV, Conservation Subdivisions, of the Village Code.

[Amended 9-27-2017 by Ord. No. 17-060]

The planned development provisions allow greater design flexibility than is normally permitted by the zoning district regulations, thereby encouraging more rational utilization of the topographic and natural characteristics of the property to produce an economical and stable development. It is intended to provide design freedom by permitting the developer an opportunity to more fully utilize the physical characteristics of the site through changes of lot sizes, yards, height and bulk restrictions and mixing of uses. Through the requirement of a development plan, it is the intent that property under this section will be developed through a unified design, providing contiguity between the various elements, and ultimately leading to a better environment. This section is not intended to be a device for making increased densities more acceptable, or as a means of circumventing the Village's bulk regulations or standards.

Planned developments are intended to provide for projects incorporating a variety of related and complementary uses which are planned and developed as a unit. Such development may provide for a wide range of development techniques and ownership methods, including cluster developments, condominium ownership of land and buildings, or other ownership techniques. The entire development shall be controlled by means of a planned development ordinance including graphics which establish densities, approximate height and location of buildings and improvements, structure elevations and record the location of natural features of the property in keeping with the land use development policies of the Village.

Commercial and industrial developments with building area that exceeds 50,000 square feet shall be considered a Planned Development and must be processed in accordance with the Planned Development procedures of this article. Site Plan Review is also required.

[Amended 9-27-2017 by Ord. No. 17-060; 2-8-2023 by Ord. No. 23-003]

Objectives. The following objectives shall be obtained through the use of the planned development procedure:

To ensure that the future growth and development of the area is in accordance with the adopted Comprehensive Plan of the Village.

To provide a desirable living environment by preserving and integrating the natural environmental and landscape features of the property.

To encourage developers to use variety and a more creative approach to development by recognizing and respecting the natural limitations and constraints of the property.

To encourage an efficient and ecologically sound development through a design process which minimizes development costs and services.

(5)

To encourage the exclusivity and maintenance of usable open space.

(6)

To allow for a variety of housing types to accommodate the life stages and lifestyle choices of a range of persons, by allowing development that would not be possible under the strict application of the other sections of this chapter.

(7)

To preserve natural vegetation, topographic and geologic features, and other natural resources and amenities, and improve air and water quality.

(8)

To facilitate the development and maintenance of public services such as transportation, water, sewage, storm drainage and open space in a cost-effective manner.

(9)

To provide public access to mass transit, bicycle routes and alternative modes of transportation.

(10)

To provide for efficient location of recreation facilities, schools, and other public and private facilities.

(11)

To encourage the introduction of complementary uses, such as residential uses with offices and commercial activities.

§ 220-902 Procedure.

Preapplication conference.

Prior to filing a formal application for a planned development, the developer shall request a preapplication conference with the Village. The request for a preapplication conference shall be submitted to the Zoning Officer to determine:

Whether the proposed planned development conceptually appears to be in compliance with the provision of the Zoning Ordinance and other applicable ordinances;

Whether any zoning amendment or variance is required in connection with the proposed planned development; and

Whether the proposed planned development will be in conformity with the Village's Comprehensive Plan and other development goals and policies adopted by the Village.

The preapplication conference is mandatory, but does not require formal application, fee, or filing of a planned development application. The Zoning Officer shall consult with, advise and assist the applicant in meeting Village goals and objectives, but shall have no power to approve or disapprove any proposed planned development, or to impose any special requirements with respect to the applicant's rights to make formal application for approval thereof.

Application conference.

Upon completion of the preapplication conference and prior to filing a formal application for approval of a planned development, the applicant shall request an application conference with the Zoning Officer. The purpose of the application conference is to make advice and assistance available to the applicant, in light of any changes or alterations suggested at the preapplication conference, before presentation of the preliminary development plan as required by this chapter, so that the applicant may determine:

Whether the proposed planned development conceptually appears to be in compliance with the provisions of this chapter and all other applicable Village standards and ordinances;

Whether any zoning amendment or variance is required in connection with the proposed planned development; and

Whether the proposed planned development will be in conformity with the Village's Comprehensive Plan and other development goals of the Village.

Prior to the application conference, the petitioner shall provide 10 copies of a concept plan describing the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the proposed planned development to adjoining uses, both existing and planned, and to the topography and natural features of the site and adjoining lands. The concept plan shall include the following:

North arrow, scale, and date of preparation.

Name and address of site planner, engineer or surveyor who prepared the plan.

Proposed land uses, acreage and percent of the site devoted to each land use, including layout and configuration of common open space.

Proposed layout of streets, lots, and blocks for those phases of the planned development for which the petitioner will seek initial preliminary approval.

Proposed building footprints and estimated floor area for nonresidential structures for those phases of the planned development for which the petitioner will seek initial preliminary approval.

Conceptual sketches demonstrating the land planning concept for each proposed type of housing unit.

(g)

Density of residential areas and housing types.

(h)

Location of parking areas, number of spaces to be provided, and method used to calculate the number of required spaces.

(i)

Wetlands, floodplains, and drainage characteristics, including topographic contour lines with a minimum of ten-foot intervals.

(j)

Major stands of trees and other significant vegetative areas.

(k)

A preliminary engineering study providing a general description of existing sanitary, storm, and water service facilities on and adjacent to the proposed development and the proposed improvements necessary to properly handle the utility needs of the development and any additional information as may be requested by the Village Engineer.

(l)

A brief written statement that contains general descriptions of the design and architectural standards for the planned development, treatment of environmentally sensitive land, proposed time frame for phased development, a statement of present ownership and contractual purchase agreements, and proposed zoning.

The following persons shall be notified of the time and place of the application conference:

Chairman of the Plan Commission;

Representative of Fire Department;

Official responsible for Village streets;

Representative of each of the applicable school districts;

Village Manager;

Village Engineer; and

(g)

Village Attorney.

Review procedure.

The Zoning Officer shall review the concept plan and other documentation, and shall advise the petitioner as to the compatibility of the planned development with the Comprehensive Plan, the Zoning Ordinance, and the Subdivision Ordinance.[1]

Editor's Note: See Ch. 138, Land Use, Art. I.

Recommendations relative to an application conference are advisory only and shall not constitute a waiver from the requirements contained in the Village ordinance.

Preliminary plan. Upon completion of the application conference, the applicant may file a preliminary plan with the Zoning Officer for a public hearing before the Plan Commission.

Contents of the preliminary plan. The following items constitute the minimum requirements for the contents of a preliminary plan. The applicant should feel free to supplement the list with whatever materials the applicant may deem appropriate to illustrate compliance with the regulations and intent of this section.

Application submittal requirements. Application for preliminary plan approval of a planned development shall be filed with the Zoning Officer, accompanied by 20 copies of a preliminary development plan. The following information shall be required:

Ownership: The entire site of the planned development shall be under single ownership, and/or unified control as demonstrated by a statement of ownership description of legal responsibility as necessary to effectuate and maintain the plan.

Boundary survey and legal description: a boundary survey and legal description of the area covered by such preliminary plan, prepared and certified by a registered Illinois land surveyor, including the total acreage therein certified to the nearest 1/100 of an acre, a North point (designated as True North) and the date of preparation.

Site location map.

Topographical survey: a topographical survey of the area covered by such preliminary plan at two-foot contour intervals as such area exists at that time.

Existing zoning and Land Use Map: a map showing the existing zoning and land use of the property covered by the preliminary plan and all areas within 500 feet thereof along with the P.I.N. and owner of each adjoining parcel, as well as of the boundaries of the total planned development.

Concept plan: The concept plan shall include the information required by Subsection B(2).

(g)

Statement of character: a written explanation of the general character of the proposed development, including:

The description and quantity of all land uses to be included in the development, with maximum and minimum percentage limitations for each use as well as the proposed number of acres to be devoted to recreational areas, schools, and municipal purposes;

The projected type, location and number of dwelling units and densities to be constructed in each phase of the total development;

A description of each type of residential, commercial, or industrial unit proposed to be constructed (i.e., single-family, commercial, industrial, etc.);

The estimated population broken down by housing type, location, and school district, as may be anticipated upon completion of the development.

(h)

Drawings: a detailed drawing of the area covered by such plan prepared at a scale of not less than one inch equals 100 feet, which shall show such designations as proposed streets (public and private) for the area covered by such preliminary plan and the area within 500 feet thereof, all buildings, their height and use, common open space, recreational areas and facilities, parking areas, service areas and other facilities related to the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

Existing and proposed public roads, including classifications, width or right-of-way, width of pavement and construction details;

Existing easements and proposed easements to be granted in lieu of rights-of-way;

The density of residential uses, including dwelling units per acre, by acre and area, the number of dwelling units by type and the number of buildings by type;

Schematic streetlighting and public area lighting systems;

[5]

A landscape plan and tree preservation plan; and

[6]

Engineering plans for surface water drainage and stormwater and floodplain management in compliance with Village ordinances.

(i)

Traffic study: a traffic study prepared by a qualified expert, providing the following:

A general description of existing roads on and adjacent to the proposed development, and the proposed road improvements necessary to handle properly the traffic anticipated to be generated upon development;

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within and adjacent to the planned development; and

Any special engineering features and traffic control devices needed to facilitate traffic safety.

(j)

Environmental study: a general statement identifying existing natural and environmental resources, including a policy statement by the applicant expressing basic plans and procedures, which will be utilized to ensure protection of the total physical setting of the development and related environs, and should identify or locate the following:

A soil analysis shall be prepared, along with recommendations, if any, from the Will County Soil and Water Conservation District. The analysis must include soil types, code numbers and limitations for urbanized areas, conservation and agricultural productivity, soil wetness and erosion potential;

Scenic views and vistas;

Surface hydrology identifying: existing surface drainage patterns; topography; major and minor watersheds; base flood limits as established by hydrological investigations atlas, FEMA Flood Insurance Maps, historical flood of record or best available information; projected one-hundred-year flood boundaries; all ponds, lakes, creeks, streams, rivers and ditches; and wetlands;

Geology identifying surface geological deposits and a statement of their characteristics and limitations, prepared pursuant to the recommendations and published data of the Illinois Geological Survey and of other mapping data, and analysis of subsurface conditions on the subject property if required by the Village Engineer;

[5]

Natural coverage and vegetation showing marshes, bogs, wooded areas, isolated preservable trees, natural prairie, rock outcroppings, existing pastureland, cropland, orchards, other agricultural uses, areas of sand, gravel, or peat extractions and any unique natural or ecologically sensitive area;

[6]

Current ground elevations on the tract with contours at two-foot intervals and spot elevations at all breaks in grade, along all drainage channels or swales and at selected points, not more than 100 feet in all directions; and

[7]

The generalized pattern of existing land use, major and minor roadways, sidewalks, railroads, sanitary sewers, storm sewers and drainage improvements, water mains, utilities and designated landmarks, historical areas and buildings.

(k)

Covenants: proposed agreements, provisions or covenants and bylaws which will govern the use, maintenance and continued protection of the planned development and any of its common open space of the homeowners' associations, recreational areas and facilities, in the area covered by the preliminary plan.

(l)

Open space and recreation areas and facilities. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated, and the improvements which will be made to each area and facility.

Preliminary plan procedural requirements are as follows:

Public hearings. The Plan Commission shall hold a public hearing on the application for a special use for a planned development and preliminary plans, giving notice of the time and place not more than 30 days nor less than 15 days before the date of the hearing by publishing a notice thereof at least once in a newspaper published in the Village or, if no newspaper is published therein, then in a newspaper with a general circulation within the Village. All other notification requirements for public hearings shall be met by the applicant.

Phased planned developments. If the preliminary plan initially submitted shall cover less than all of the planned development, preliminary plans for additional areas of the planned development may be submitted to the Plan Commission within such period of time as shall have been prescribed in the approval of the application for establishment of the planned development; provided, further, that upon request in writing of the developer, the Village Board may, by resolution duly adopted at any meeting of the Village Board, extend the period of time for submission of preliminary plans covering all of the planned development.

Status of approved preliminary development plan. Approval of a preliminary plan shall not constitute approval of the final plan, nor qualify a plat of the planned development for recording. It shall be deemed to be an expression of approval of the preliminary plan as a guide to preparation of the final plan.

Plan Commission findings and recommendations.

Every planned development which is recommended by the Plan Commission shall be accompanied by findings and shall refer to any exhibits containing plans and specifications for the proposed planned development, which shall remain a part of the permanent records of the Plan Commission.

The Plan Commission shall make its written findings, which may consist of meeting minutes, and shall transmit same together with its recommendations to the Village Board for final action.

(5)

Village Board action. The Village Board, after receipt of the preliminary plan of the planned development and the findings and the written recommendations of the Plan Commission, may deny such planned development or may modify or approve such planned development by ordinance. The Village Board may require such special conditions in the approval of the planned development as it may deem necessary to ensure conformity with the intent of all elements of the Comprehensive Plan and the stated purposes of the planned development:

Upon approval by the Village Board of the preliminary plan by ordinance, a record shall be prepared including the findings and setting forth the terms of relief and/or variances granted.

Approval of a planned development by the Village Board shall not constitute approval of the final development plan; rather, it shall be deemed an expression of approval of the layout submitted as a preliminary guide to the preparation of the final development plan or subdivision. The planned development shall therefore be developed substantially in accordance with the preliminary plan and any conditions and exhibits attached thereto. No building permit shall be issued for any building or structure in the planned development unless a final development plan has been approved.

Final development plan.

Application submittal requirements. The following information shall be required in addition to all preliminary plan information:

If the planned development constitutes a subdivision, a final subdivision plat shall be submitted. Any such final subdivision plat shall set forth, on the face thereof, suitable easements, restrictions or dedications of permanent open spaces and recreational amenities and all other criteria in form and substance, conforming to the requirements of the Village's Subdivision Ordinance,[2] and all other applicable Village standards and regulations, as the same may be amended and in force from time to time.

Editor's Note: See Ch. 138, Land Use, Art. I.

The final version of the final development plan of the planned development shall be filed, indicating the locations of all buildings, all parking and loading spaces, setbacks, block and lot numbers, street names, and any other special structure, facility or feature approved or required by the Village Board.

The final version of the covenants, if any, by which the applicant proposes to regulate land use and otherwise protect the proposed development.

Engineering drawings including sanitary and storm sewer systems; water supply systems; streetlighting and public area lighting systems; sidewalks, trails, and paths; stormwater management; floodplain management; erosion control plan for all disturbed areas and a plan to preserve existing vegetation; and such engineering drawings and any other drawings required by any other ordinance of the Village.

Final architectural renderings and facades of all proposed primary structures, except single-family detached residences. Elevations must include all building facades and roof lines.

A certificate shall be furnished from the County Collector that finds no delinquent taxes are outstanding on the property, and that all special assessments constituting a lien on the whole or any part of the property of the planned development have been paid.

Final development plan procedural requirements.

The final development plan shall conform substantially to the preliminary plan, as approved, and if desired by the developer, it may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed. Submission in stages may occur; provided, however, that such portion conforms to all requirements of these regulations.

The final development plan or plans shall be submitted by the developer to the Village not later than one year after approval of the preliminary plan or such other additional time as may be established by the ordinance adopting the planned development. This time limit may be extended by the Village on reasonable cause shown.

Review and approval process.

Application for final development plan approval shall be filed with the Zoning Officer and be accompanied by 15 copies of the final development plan. The final development plan and supporting data shall be forwarded to the Plan Commission for certification that the final development plan is in conformity with these regulations and in agreement with any approved preliminary plans. In considering the approval of the final development plan, no further public hearings shall be required to approve changes from preliminary development plans which are not "major changes" as defined herein.

The Plan Commission shall approve or disapprove the final development plan within 60 days after submittal by the developer. Disapproval of the final development plan of the planned development shall include a clear statement of the reasons therefor.

The Village Board shall review the final development plan after receiving the recommendation of the Plan Commission. Approval by the Village Board of the final development plan for any proposed planned development shall be effective only for a period of 90 days after the date of such approval, unless within such ninety-day period the applicant shall record or cause the recordation in the Office of the Recorder of Deeds of Will County, Illinois, of the final development plan, including any final subdivision plat, the final restrictive covenants and the deeds and/or easement agreement required or approved by the Village Board.

Resubmittal of final development plan. Any application for a planned development which has been denied wholly or in part by the Village Board shall not be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Plan Commission.

§ 220-903 Compliance and amendments.

Compliance. All planned developments shall be developed in strict compliance with the recorded final development plan and supporting data.

Occupancy. No planned development, or any portion thereof, may be occupied until such time as a zoning certificate has been issued by the Zoning Officer certifying that the development, or a stage of the development, if applicable, has been completed in compliance with the final development plan.

Amendments to the final development plan during development. Upon issuance of a special use permit and the necessary building permits, no major changes may be made during or after the development of the final development plan unless the applicant applies for approval of a change to a planned development.

[Amended 9-27-2017 by Ord. No. 17-060]

Major changes.

A "major change" is a change which alters the concept or intent of the planned development, including the following changes:

Increases the number of dwelling units;

Increases the height of any structure (excluding changes in roof design);

Increases the nonresidential floor area by more than 5%;

Increases the impervious surface coverage by more than 5%;

[5]

Reduces the number of off-street parking and loading spaces by more than 5%;

[6]

Decreases the stormwater detention or otherwise significantly alters the management for adjoining properties;

[7]

Reduces the amount of open space by more than 5%;

[8]

Reduces the amount of landscaping plant material by more than 5%;

[9]

Significantly alters the appearance of structures or signs;

[10]

Replaces approved exterior materials with unapproved materials;

[11]

Changes the final governing documents, provisions, or covenants; or

[12]

Otherwise represents a change to the overall character of the previously approved development plan or plat.

Major changes may be approved only by submission and reconsideration of a new preliminary plan and supporting data, following the preliminary plat procedure. If major changes are proposed, a new public hearing shall be required for resubmission of the preliminary plan.

The Village Board may approve minor changes in the planned development which do not change the concept or intent of the development without a public hearing or recommendation from the Plan Commission. Minor changes shall be any change not defined as a major change.

§ 220-904 Permitted exceptions.

[Amended 9-27-2017 by Ord. No. 17-060]

Except as specifically provided otherwise in this section, planned developments shall be developed in conformity with the Zoning Ordinance, Subdivision Ordinance[1] and all other applicable codes and ordinances of the Village.

Editor's Note: See Ch. 138, Land Use, Art. I.

The Plan Commission may recommend, and Village Board may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of such planned development, including lot area, width, depth, height, and yard setback requirements, and building separation distances, provided that the Plan Commission shall find that:

Such exception shall be solely for the purpose of promoting an efficient and coordinated site plan, no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots; and

Provides amenities above and beyond the minimum requirements, such as outstanding design and architecture, the quantity and quality of open space and landscaping, or other similar features.

§ 220-905 Development standards.

All provisions of the Subdivision and Plat Ordinance shall be adhered to, unless a waiver is granted by the Plan Commission.[1] All residential developments that are subject to the requirements of Chapter 107, Article IV, Conservation Subdivisions, shall also comply with these regulations.

[Amended 9-27-2017 by Ord. No. 17-060]

Editor's Note: See Ch. 138, Land Use, Art. I.

The required yards along the periphery of the planned development shall be at least equal in width or depth to those of the underlying district.

The minimum horizontal distance between buildings when located side to side shall be:

Twelve feet between single-family detached dwellings.

Ten feet between clustered or "zero-lot line" single-family detached dwellings.

Twenty feet between buildings, other than single-family detached dwellings, less than 24 feet in height.

Equal to the height of the taller building in the case of freestanding buildings greater than 24 feet in height.

The minimum horizontal distance between buildings when located corner to corner shall be 15 feet.

Buildings or structures located on the perimeter of any planned development shall comply with the minimum front, side or rear yard requirements of the zoning district in which the development is located. Perimeter setbacks/yards shall not be included as open space.

Site development requirements.

Except as otherwise provided herein, the planned development shall comply with the site development requirements in this chapter, including the site design criteria, parking, landscaping, sign regulations and lighting.

Fences, walls or vegetation screening shall be provided along the edges of the planned development where needed to protect residents from undesirable views, lighting, noise or other off-site influences, or to protect occupants of adjoining residential districts from similar adverse influences within the planned development.

The planned development shall facilitate safe and continuous pedestrian, bicycle and vehicular movement.

The density normally permitted in a given portion of the total site may be transferred to another portion of the total site in order to preserve ecologically important areas such as floodplains, areas of unstable soils, aquifers, and major vegetation. The density of the planned development is required to precisely correspond with the normal density of the underlying zoning district, and should reflect that district's character through complementary building types and architectural design.

The permitted and special uses in a residential planned development are those that are allowed in the underlying zoning district, as well as support commercial uses that are intended to serve the residents of the development or adjacent subdivisions. Commercial uses, designed and intended to serve the frequent or daily trade or service needs of the immediately surrounding population, are appropriate in planned developments that are 10 acres or more (although smaller planned developments which support commercial uses may be approved by the Plan Commission and Village Board).

The total number of dwelling units to be built in a residential subdivision shall not exceed the number that could be developed on the same acreage as a standard subdivision with the underlying district's minimum lot size and setback requirements strictly enforced. The base density permitted shall be determined upon submission of a plan prepared by the developer, which plan shall comply with the strict requirements of the district in which it is located and the Village Subdivision Ordinance.[2]

Editor's Note: See Ch. 138, Land Use, Art. I.

Additional density.

To encourage excellence and innovation in design, the Village Board may approve that the permitted density in a planned residential subdivision may be higher than that allowed in Subsection J above if it qualifies for density increases for the provision incentives listed herein. In no case shall the cumulative density increase exceed 10% of the permitted base density.

For excellence in creativity of design, quality and quantity of landscaping beyond the requirements of the Village ordinance, a bonus of up to 2% will be allowed.

Up to 1% for a community center and/or club building.

Up to 5% for land donations for a municipal facility and up to 10% for donations of land and structure(s) for such facilities.

Up to 1% for each 10% of additional common open space above that required herein.

Up to 3% for inclusion of housing specifically targeted toward senior citizens, including independent living, assisted living or nursing home facilities.

In addition, there may be additional density permitted based upon other ordinances relating to the development of the subdivision, such as conservation design based bonuses.

At least 40% of the net acreage of planned developments which is not subject to Chapter 107, Article IV, Conservation Subdivisions, which contains only residential uses, and at least 30% of the net acreage of the residential portion of mixed-use planned development, shall be usable common open space.

Usable common open space shall be subject to the following:

Usable common open space may include active open space and/or passive open space, as defined in Article III.

For trail purposes, the minimum open space width shall be 20 feet.

Open space must be accessible to all the residents it is intended to serve. The open space must be linked by sidewalks, bike trails or pedestrian trails.

Except as otherwise approved by the Village, not more than 30% of the land designated as usable open space may be covered by water on a permanent basis.

Not more than 20% of the usable open space may have a finished grade exceeding 10%.

Property dedicated to the Village as park pursuant to the requirements of Chapter 138, Article II, Donation of Land for Park Purposes, may be included in the calculation of usable common open space. Where cash in lieu of land is provided, the acreage of land that otherwise would have been dedicated may be included in the calculation of usable common open space.

Usable common open space shall not include:

Areas reserved for the exclusive use or benefit of private individuals;

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

Required detention areas;

Floodplains or wetlands and buffer zones, unless the Village Board determines that natural features, such as a creek or lake, will be a substantial amenity to prospective residents; or

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