A planned development district allows for more flexibility in
the development of land while ensuring substantial compliance with
the intent of this chapter and the Village's Comprehensive Plan. As
further described in Article 7, the following may be reviewed as a
planned development district:
A. Conventional planned unit development;
B. Conservation subdivision; and
The owner of the subject property may submit an application
for the establishment of a planned development district.
If a planned development district is established pursuant to
this division, the Village and developer may enter into a development
agreement that specifies the duties and obligations of both parties
with respect to the development project.
Establishment of a planned development district involves a two-step
process. The review of a proposed project begins with a general development
plan. If the general development plan is approved (i.e., an ordinance
is adopted), a precise implementation plan for all or a part of the
project is reviewed. If the precise implementation plan is approved,
the project is officially approved. The general steps outlined below
shall be used in the review of an application for the establishment
of a planned development district.
A. Step One: General development plan.
(1)
Presubmittal meeting with staff. The applicant or the applicant's
agent meets with the Zoning Administrator to review i) applicable
regulations and procedures; ii) applicable sections of the Village's
Comprehensive Plan and applicable neighborhood plans, if any; and
iii) the proposal. Upon request, the Zoning Administrator may waive
the requirement to hold a presubmittal meeting when he or she determines
such meeting is not necessary given the nature of the project and/or
the extent to which the applicant understands the Village's zoning
requirements.
(2)
Preapplication conference with Plan Commission. The applicant
meets with the Plan Commission for an informal discussion relating
to the proposed project. At that meeting, the applicant shall provide
the Plan Commission with materials that describe the proposed project
in sufficient detail for a preliminary, nonbinding review.
(3)
Submittal of application materials. The applicant submits a
completed application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
(4)
Determination of completeness. The Zoning Administrator reviews
the submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. The Zoning Administrator will take
no further steps to process the application until the deficiencies
are remedied. The incomplete application is retained as a public record.
A determination that an application is complete means the application
is ready for formal review and does not suggest the applicant has
provided sufficient information in all regards or preclude the reviewing
authority from requesting additional information it deems appropriate.
(5)
Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Plan Commission
consistent with its adopted calendar.
(6)
General notice. Consistent with Division 2 of Article 4, the
Zoning Administrator provides for i) a Class 2 public notice, ii)
property owner notice, and, iii) meeting agenda notice.
(7)
Staff report preparation and distribution. The Zoning Administrator
may prepare a written staff report as described in this division and
provide a copy of it to each member of the Plan Commission and Village
Board, the applicant, and any other interested person upon request.
(8)
Public hearing. Allowing for proper notice, the Plan Commission
and Village Board conduct a joint public hearing to review the application
consistent with Division 3 of Article 4, with the Village President
serving as the presiding officer. Prior to the close of the public
hearing, the applicant or the Plan Commission may request a continuance
consistent with Division 3 of Article 4. If the public hearing is
adjourned, the Plan Commission may direct the Zoning Administrator
to conduct additional research related to the proposed district.
(9)
Staff follow-up. After the close of the public hearing, the
Plan Commission may direct the Zoning Administrator, Village Engineer,
and/or the Village Attorney to prepare a preliminary decision document.
(10)
Plan Commission recommendation. The Plan Commission makes a
recommendation to the Village Board based on the decision criteria
in this division to i) approve the general development plan, subject
to approval of a precise implementation plan; ii) approve the general
development plan with conditions, subject to approval of a precise
implementation plan; or iii) deny the general development plan.
(11)
General notice. Consistent with Division 2 of Article 4, the
Zoning Administrator places the matter on the meeting agenda of the
Village Board.
(12)
Village Board meeting. Allowing for proper notice, the Village
Board considers the application at a regular or special meeting.
(13)
Decision. The Village Board after considering the Plan Commission's
recommendation makes a decision based on the decision criteria in
this division to i) approve the general development plan, subject
to approval of a precise implementation plan; ii) approve the general
development plan with conditions, subject to approval of a precise
implementation plan; or iii) deny the general development plan.
(14)
Preparation of decision document. If the general development
plan is approved, the Zoning Administrator prepares a final ordinance.
(15)
Applicant notification. Within a reasonable time following the
Village Board's decision, but not more than 10 workdays, the Zoning
Administrator sends the decision document to the applicant by regular
mail and/or email.
(16)
Acceptance by property owner. If the general development plan
is approved, the property owner must sign the decision document to
acknowledge the terms of the approval and return the same to the Zoning
Administrator within two months of the decision. Prior to the expiration
of the previously specified time period, the property owner may submit
a petition to the Zoning Administrator requesting an extension and
the Zoning Administrator may, with cause, extend the period within
which the decision document must be signed. If the signed decision
document is not returned within the initial or extended time period,
if any, the decision shall automatically become null and void without
any further action by the Village at the expiration of such time limit.
The decision document shall only become effective when all of the
property owner signatures have been obtained and the original signature
copy is returned to the Zoning Administrator.
B. Step Two: Precise implementation plan.
(1)
Submittal of precise implementation plan. The applicant submits
a precise implementation plan and other required materials to the
Zoning Administrator along with the application fee as may be established
by the Village Board. At the discretion of the applicant, such materials
may be submitted concurrently with the review of the general development
plan.
(2)
Determination of completeness. The Zoning Administrator reviews
the submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. The Zoning Administrator will take
no further steps to process the application until the deficiencies
are remedied. The incomplete application is retained as a public record.
A determination that an application is complete means the application
is ready for formal review and does not suggest the applicant has
provided sufficient information in all regards or preclude the reviewing
authority from requesting additional information it deems appropriate.
(3)
Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Plan Commission
consistent with its adopted calendar.
(4)
General notice. Consistent with Division 2 of Article 4, the
Zoning Administrator shall provide for a meeting agenda notice.
(5)
Staff report preparation and distribution. The Zoning Administrator
may prepare a staff report that evaluates whether the precise implementation
plan is consistent with the approved general development plan and
the suitability of the proposed plan given the additional information
provided in the plan and supplemental materials. The Zoning Administrator
provides a copy of it to each member of the Plan Commission and Village
Board, the applicant, and any other interested person upon request.
(6)
Meeting. Allowing for proper notice, the Plan Commission reviews
the precise implementation plan and the staff report, if any.
(7)
Determination of consistency. The Plan Commission determines
whether the precise implementation plan is generally consistent with
the approved general development plan with respect to density/intensity
and permissible land uses. If the Plan Commission determines that
the precise implementation plan is not generally consistent, the Plan
Commission shall render that decision in writing and take no further
action on the precise implementation plan.
(8)
Plan Commission recommendation. If the precise implementation
plan is deemed to be consistent with the general development plan,
the Plan Commission makes a recommendation to the Village Board based
on the decision criteria in this division to i) approve the precise
implementation plan, ii) approve the precise implementation plan with
conditions, or iii) deny the precise implementation plan.
(9)
General notice. Consistent with Division 2 of Article 4, the
Zoning Administrator places the matter on the meeting agenda of the
Village Board.
(10)
Village Board meeting. Allowing for proper notice, the Village
Board considers the application at a regular or special meeting.
(11)
Decision. The Village Board after considering the Plan Commission's
recommendation makes a decision based on the decision criteria in
this division to i) approve the precise implementation plan, ii) approve
the precise implementation plan with conditions, or iii) deny the
precise implementation plan.
(12)
Preparation of decision document. Based on the action of the
Village Board, the Zoning Administrator prepares a decision document
consistent with this division.
(13)
Applicant notification. Within a reasonable time following the
Village Board's decision, but not more than 10 workdays, the Zoning
Administrator sends the decision document to the applicant by regular
mail and/or email.
(14)
Acceptance by property owner. If an approval includes one or
more conditions of approval, the property owner must sign the decision
document to acknowledge the terms of the approval and return the same
to the Zoning Administrator within two months of the decision. Prior
to the expiration of the previously specified time period, the property
owner may submit a petition to the Zoning Administrator requesting
an extension and the Zoning Administrator may, with cause, extend
the period within which the decision document must be signed. If the
signed decision document is not returned within the initial or extended
time period, if any, the decision shall automatically become null
and void without any further action by the Village at the expiration
of such time limit. The decision document shall only become effective
when all required signatures have been obtained and the original signature
copy is returned to the Zoning Administrator.
In the review of a general development plan and the precise
implementation plan, the Plan Commission, in making its recommendation,
and the Village Board, in making its decision, shall consider the
following factors:
A. Whether development in the proposed project is in keeping with the
spirit and intent of this chapter;
B. Whether development in the proposed project is consistent with the
Village's Comprehensive Plan;
C. Whether development in the proposed district is consistent with a
neighborhood plan or other subarea plan that may have been prepared
for land in or near the proposed district;
D. The effects of development in the proposed project on traffic safety
and efficiency, both within and outside of the district;
E. Whether the proposed plan for development in the proposed project
is properly planned and is properly coordinated with the existing
and anticipated land uses on properties in the immediate and surrounding
area;
F. The extent to which the natural features and open space on the site
are preserved;
G. Whether development in the proposed project complies with provisions
of this chapter and other land development regulations of the Village
that may apply;
H. The effects of development in the proposed project on public services
and facilities;
I. Whether adequate water and sanitary sewer facilities can be provided;
J. The proposed means of maintaining any undeveloped areas of the proposed
project for the purpose for which it was set aside;
K. Effects of the proposed use on surrounding properties, including
existing and anticipated uses;
L. Effects of the proposed use on the normal and orderly development
and improvement of the surrounding property for uses permitted in
the zoning district and adjoining districts;
M. Whether the plan for development enhances the baseline zoning district,
as defined by the Plan Commission and Village Board, on the design
and development standards of the underlying zoning district; and
N. Any other factor that relates to the purposes of this chapter set forth in §
170.05 or as allowed by state law.
The staff report should include the following:
A. Preliminary findings for the decision criteria listed in this division;
B. A preliminary list of recommended conditions of approval; and
C. Other information deemed necessary.
If the Village Board approves a planned development district,
the approval shall run with the land and is binding on all subsequent
property owners.
Development in a planned development district is subject to
the Village's land division regulations to the extent applicable,
except that the Plan Commission or Village Board may waive a development
standard in the land division regulations as provided therein.
If the Village Board approves a planned development district,
the Plan Commission and Village Board shall review all proposed changes
to the project plan that was approved at the time of approval. If
in the opinion of the Village Board, the proposed change constitutes
a minor alteration, the Village Board may approve the requested change
at a regular or special meeting of the Village Board. If the proposed
change constitutes a major alteration, the review procedure in this
division must be followed.
If any portion of a planned development district that can be
developed remains substantially undeveloped (i.e., less than 50% completed)
three years after final approval, the Village Board may rescind the
approval, in whole or in part, following a public hearing. Upon petition
and with cause, the Village Board may grant a one-time extension,
not to exceed four years. In the event the Village Board rescinds
an approval, the Village Board shall at that time reclassify undeveloped
lands in the district based on the zoning regulations in effect at
that time. Developed portions of the planned development district
may either be allowed to retain the planned development district designation
or be reclassified based on the zoning regulations in effect at that
time.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an appeal with a court of competent jurisdiction
within 30 calendar days of the final decision.