[Ord. No. 19-2020, 6-8-2020]
(a)
Legacy district status.
(1)
Land classified in a PD Zoning District on the effective date specified in § 90-10.30 will continue to be classified in the PD District until it is rezoned at the request of the property owner or through a Village-initiated rezoning.
(2)
No applications to establish new PD Zoning Districts or to expand the boundaries of existing PD Zoning Districts may be accepted for processing after the effective date specified in § 90-10.30, except that PD rezoning applications that were in process on the effective date specified in § 90-10.30 may continue to be processed and may be approved. (See the transitional provisions of § 90-10.110.)
(3)
The PD Zoning District regulations of this section and all applicable
conditions of approval of the (formerly) approved PD plans govern
the use and development of PD zoned areas.
(b)
District regulations.
(1)
Permitted uses. Uses permitted by-right in the PD District include all uses and structures existing on the effective date specified in § 90-10.30, including the right to repair and maintain such uses and structures, except that all proposed remodeling, additions, new principal or accessory structures, or changes of use require conditional use approval in accordance with Division 90-550.
(2)
Conditional uses. Uses allowed through the conditional use approval process include all continuations of uses existing on the effective date specified in § 90-10.30 involving remodeling, additions or new construction of structures, and all changes of use from those existing on the effective date specified in § 90-10.30.
(3)
Minimum area. In order to be approved, proposed planned developments
must meet the following minimum land area requirements:
(4)
Application of regulations. In addition to the uses permitted
in the underlying district, any other use may be permitted as designated
in this section for the PD District, consistent with the regulations
of this section. Individual uses and structures in a planned development
district need not comply with the specific lot and building regulations
of the underlying base zoning district, provided that the spirit and
intent of such requirements are complied with in the total development
plan for such project, consistent with the regulations of this section.
(c)
Procedures for approval.
(1)
Before officially submitting an application, the applicant must
meet with the Plan Commission for a preliminary discussion as to the
scope and proposed nature of the contemplated development, especially
as it relates to the applicant's intentions to submit a general or
detailed application.
(2)
Following the preapplication conference, an application for
PD Zoning Map amendment may be made to the Clerk-Treasurer by the
owner or agent of the property proposed for such development. The
application must be accompanied by the fee that has been established
by the Village and the following information, in appropriate detail
as to the type of approval (general or detailed) desired:
a.
A statement describing the general character of the intended
development and the desirability of applying the requirements of this
district rather than those ordinarily applicable through basic zoning.
The statement should at least include:
1.
Statistical data on the total size of the project area, open space
area, residential density computation and proposed number of units,
population analysis, market analysis, economic analysis, impact upon
municipal services and any other similar data pertinent to a comprehensive
evaluation of the proposed development.
2.
A general summary of financial factors, such as the value of structures,
estimated improvement costs, amount proposed for landscaping and special
features, estimated sale or rental price and total anticipated development
cost of the project.
3.
General outline of the intended organizational structure related
to the property owner's association, deed restrictions and provision
of private services.
b.
A general development plan and related maps and plans, including
descriptive statements of objectives, principles and standards used
on its formulation of the project, showing at least the following
information as may be required by the Plan Commission and Village
Board to apply the criteria for approval as set forth in this section:
1.
An accurate map of the project area, including its relationship
to surrounding properties.
2.
The pattern of public and private roads, driveways, parking
facilities and intended design standards.
3.
The size, arrangement and location of lots or proposed building
groups.
4.
The location of recreational and open space areas and areas
reserved or dedicated for public uses, such as a school, park, etc.
5.
The type, size and location of structures.
6.
General landscape treatment.
7.
Architectural drawings and sketches illustrating the design
and character of the proposed structures.
8.
The location of sanitary sewer and water facilities.
9.
Existing topography and storm drainage pattern and the proposed
storm drainage system showing basic topographic changes.
(3)
The petition must be referred to the Plan Commission and processed
as a zoning change. Upon completion of the necessary study and investigation,
the Plan Commission must make its recommendation to the Village Board
as to the appropriateness and desirability of the application of the
PD District as it relates to the suitability of the building, site
and development plans and any additional conditions which it may feel
necessary or appropriate.
(4)
Upon receipt of the Plan Commission's recommendation, the Village
Board, before taking affirmative action to approve such petition,
must hold a public hearing pursuant to statutory provisions for zoning
amendments. Notice for such hearing must include reference to the
consideration of the proposed project development plans coincident
with the requested zoning change.
(d)
Review and approval criteria. The Plan Commission in making
its recommendations, and the Village Board in making its decision,
must consider and determine that:
(1)
The proponents of the proposed development have demonstrated
that they intend to start construction within a reasonable period
of time following the approval of the project and requested overlay
of the PD District, and that the development will be carried out according
to a reasonable construction schedule which is satisfactory to the
Village.
(2)
The proposed development is consistent in all respects with
the purpose of this section and with the spirit and intent of this
chapter; is in conformity with the general plans for community development;
would not be contrary to the general welfare and economic prosperity
of the Village or the immediate neighborhood; the specific development
plans have been prepared with competent professional advice and guidance;
and the benefits and improved design of the resultant development
justifies the variation from the normal requirements of this chapter
through the application of the PD District.
(3)
In the case of proposed residential developments:
a.
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the neighborhood.
b.
The total average residential density of the project will be
compatible with the general plan.
1.
Where the land is in the Urban Holding District, the average
residential density allowable is the average as specified in the adopted
general plan or in the adopted neighborhood plan for the subject site.
2.
For specific project density, computation where the land is
partly or entirely in a basic residential development district, the
project area must be measured to include all of the land, exclusive
of existing public rights-of-way or public open space easements. The
allowable maximum density must be computed separately for each existing
basic district which applies to the project area, except for industrial,
wetland-floodplain and agricultural districts. The density must be
computed by multiplying the area in each such district by the percentage
factor given in Table 90-160-1, and then dividing the result by the
number of square feet per family as required by the district. The
total allowable density for the project is the sum of such individual
computations. If the project includes wetlands or floodplains, the
maximum density may be increased by the percentage of such land, but
no more than 40%.
|
Table 90-160-1
PD District Density
| ||
|---|---|---|
|
District
|
Percentage
|
Lot Area per Dwelling Unit
(square feet)
|
|
RE
|
100
|
1
|
|
RL-1
|
90
|
12,000
|
|
RL-1
|
85
|
9,000
|
|
RL-1
|
80
|
7,200
|
|
RL-1
|
75
|
6,000
|
|
RL-1
|
90
|
6,000
|
|
RL-1
|
85
|
4,500
|
|
RL-1
|
80
|
3,600
|
|
RL-1
|
75
|
3,000
|
|
RM-1
|
100
|
3,600
|
|
RM-2
|
100
|
2,700
|
|
RM-3
|
100
|
1,500
|
|
RH-1
|
100
|
1,000
|
|
B-1
|
100
|
2,700
|
|
B-2
|
100
|
2,700
|
|
B-3
|
100
|
2,700
|
|
NOTE:
| |
|
1
|
As determined in the adopted general or neighborhood plan.
|
3.
An increase in the allowable maximum density, not to exceed
10%, may be permitted upon recommendation of the Plan Commission,
and the increased density is justified in terms of the relationship
to open areas, service demand and the total quality and character
of the project.
4.
The population composition of the development will not result
in adverse effects from that anticipated in the general plan upon
the community's capacity to provide needed school or other municipal
service facilities.
5.
An adequate guarantee is provided for permanent retention as
open area of open land area resulting from the application of the
regulations of this section, either by private reservation or by dedication
to the public.
(4)
In the case of proposed commercial developments:
a.
The economic practicality of the proposed development can be
justified on the basis of purchasing potential competitive relationship
and demonstrated tenant interest.
b.
The proposed development will be adequately served by off-street
parking and truck service facilities.
c.
Locations for entrances and exits have been designed to prevent
unnecessary interference with the safe and efficient movement of traffic
on surrounding streets, and the development will not create an adverse
effect on the general traffic pattern of the area.
d.
The architectural design, landscaping, control of lighting and
general site development will result in an attractive and harmonious
service area compatible with, and not adversely affecting, the property
values of the surrounding neighborhood.
(5)
In the case of proposed industrial developments:
a.
The operational character, physical plan arrangement and architectural
design of buildings will be compatible with the latest in performance
standards and industrial development design, and will not result in
an adverse effect upon the property values of the surrounding neighborhood.
b.
The proposed development will have adequate provision for off-street
parking and truck service areas, and will be adequately served by
rail or highway facilities.
c.
The proposed development is properly related to the total transportation
system of the Village and will not result in an adverse effect on
the safety and efficiency of the public streets.
(6)
In the case of mixed developments:
a.
The proposed mixture of uses produces a unified composite which
is compatible within itself and which, as a total development entity,
is compatible with the surrounding neighborhood and consistent with
the general objectives of the general plan.
b.
Various types of uses conform to the general requirements as
set forth in this section which are applicable to projects of such
character.
c.
Allowable maximum residential density must be computed in the
same manner as provided in Subsection (d)(3)b2 of this section. Such
figure must then be reduced by the percentage which any nonresidential
use, landscaped area, pedestrian malls or other areas which, in the
opinion of the Plan Commission, contribute to the enhancement of the
total project environment which may be excluded. The resulting allowable
maximum density may be increased by the addition of residential units
located in the same building with a nonresidential use, on the basis
of one dwelling unit for each 3,600 square feet of nonresidential
use area excluded from the normal density computation.
(e)
Final decisionmaking.
(1)
The Village Board, after due consideration, may deny the petition
as submitted, approve the petition or approve the petition subject
to additional conditions.
(2)
The general or detailed approval of a petition and consequent
amending of the Zoning Map must be based on and include conditions
to the building, site and operational plans for the development as
approved by the Village Board.
a.
General approval. Plans submitted for such approval need not
necessarily be completely detailed at the time of overlay zoning,
provided that they are of sufficient detail to satisfy the Plan Commission
and Village Board as to the general character, scope and appearance
of the proposed development. Such preliminary plan must at least designate
the pattern of proposed streets; the size and arrangement of lots
as in the preliminary platting process, which may indeed also be involved;
the basic pattern of land use; and illustrate a typical example of
the development proposed. The approval of such preliminary plan must
be conditioned upon the subsequent submittal and approval of more
specific and detailed plans as the development progresses so that
all detailed approvals are complete before an occupancy certificate
is required.
b.
Detailed approval. Plans submitted for detailed approval must
be sufficiently precise so that all required information is identified,
and that any approvals given are all that would be necessary prior
to issuance of a zoning permit.
(3)
Any subsequent change or addition to the plans or use must first
be submitted to the Plan Commission for approval and if, in the opinion
of the Plan Commission, such change or addition constitutes a substantial
alteration of the original plan, a public hearing before the Village
Board is required in accordance with the Zoning Map amendment procedures
of this zoning chapter.
