G-890 - 07/14/2009 - ZONING - OrdinancesORDINANCE 2009- ZO- PD -TA -G -890
AN ORDINANCE AMENDING TITLE 13 (ZONING REGULATIONS) TO ADD
CHAPTER 15 (PLANNED DEVELOPMENT REGULATIONS) TO THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, upon the review and recommendation of the Oak Brook Commercial Revitalization
Task Force, the Oak Brook Plan Commission and Zoning Board of Appeals have considered and
reviewed amendments to the Oak Brook Zoning Regulations to allow for the creation and regulation of
Planned Developments within a new Planned Development Overlay District that encompasses the
primary commercial areas of the Village ( "Proposed PD Amendments "); and
WHEREAS, a public hearing to consider the Proposed PD Amendments was conducted by the
Zoning Board of Appeals on June 3, 2009, pursuant to public notice as required by the Village Code and
the Illinois Municipal Code; and
WHEREAS, the Zoning Board of Appeals prepared a report of its findings and recommendations
concerning the Proposed PD Amendments and has recommended that the Village President and Board
of Trustees approve the Proposed PD Amendments as set forth in this Ordinance; and
WHEREAS, the Proposed PD Zoning Amendments provides, among other things, for a new
Village commission ( "Planned Development Commission ") to review and make recommendations to
the Corporate Authorities regarding all future Planned Developments proposed under the Proposed PD
Zoning Amendments; and
WHEREAS, in conjunction with the adoption of this Ordinance and the Proposed PD Zoning
Amendments, the Village President and Board of Trustees have determined that it is in the best interests
of the Village and its residents to adopt a companion Ordinance, amending the Village Code to provide
for the establishment, membership, and other required matters relating to the new Planned Development
Commission; and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interests of the Village and its residents to adopt this Ordinance and the Proposed PD Zoning
Amendments in order to more thoroughly, efficiently, and effectively enhance, encourage, and regulate
development with the commercial areas of the Village:
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: The foregoing recitals are incorporated into, and made a part of, this Ordinance as the
findings of the Village President and Board of Trustees.
Section 2: A public hearing to consider the Proposed PD Amendments to the Oak Brook Zoning
Regulations was duly advertised according to applicable law, and was held by the Village of Oak Brook
Zoning Board of Appeals on June 3, 2009. On June 3, 2009, the Zoning Board of Appeals recommended
approval of the Proposed PD Amendments to the Zoning Regulations.
Section 3: Title 13, titled "Zoning Regulations," of the Village Code of the Village of Oak Brook, is
hereby amended to add a new Chapter 15, titled "Planned Developments," which new Chapter 15 shall
be and read as follows:
CHAPTER 15
PLANNED DEVELOPMENTS
SECTION:
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13 -15 -1:
Intent and Purpose
13 -15 -2:
General Provisions
13 -15 -3:
Planned Development Standards
13 -15 -4:
Site Development Allowances
13 -15 -5:
Procedures
13 -15 -6:
Application Requirements
13 -15 -7:
Effect of Approval or Denial
13 -15 -8:
Amendments and Changes to Approved Planned Developments
13 -15 -1: INTENT AND PURPOSE:
The purpose of the regulations, standards, and criteria contained in this Chapter is to provide an alternate
zoning procedure under which land can be developed or redeveloped with innovation, imagination, and
creative architectural design when sufficiently justified under the provisions of this Chapter. The objective
of the Planned Development is to encourage a higher level of design and amenity than is possible to
achieve under standard zoning regulations. The end result is intended to be a product which fulfills the
objectives of the Village of Oak Brook Commercial Areas Revitalization Master Plan and planning policies
of the Village while allowing flexibility from the standard application of the use and bulk regulations of the
Zoning Regulations. The Planned Development is intended to permit and encourage flexibility and to
accomplish the following specific purposes, among others:
To stimulate creative approaches to the commercial, non - single family residential, and
commercial /mixed -use development of land.
2. To provide more efficient use of land.
3. To preserve natural features and provide open space areas and recreation areas in
excess of those required under standard zoning regulations.
4. To develop and implement new approaches to the living environment through variety in
type, design and layout of buildings, transportation systems, and public facilities.
5. To unify building and structures through design.
6. To promote long term planning pursuant to the Village's Commercial Areas Revitalization
Master Plan, which will allow harmonious and compatible land uses or combination of
uses with surrounding areas.
13 -15 -2: GENERAL PROVISIONS:
A. No new commercial, office, or mixed -use development construction within the Planned
Development Overlay District shall be permitted except as approved as a Planned Development
in accordance with this Chapter; provided, however, that a stand alone project for construction for
outdoor dining facilities or for drive - through facilities will not require a Planned Development
under this Chapter.
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B. Each Planned Development shall be presented and reviewed on its own merits. It shall not be
sufficient justification for approval of a Planned Development to rely on an already existing
Planned Development, except to the extent that the existing Planned Development and the
proposed Planned Development are part of an approved unified, phased, or master development
plan.
C. The burden of providing evidence and persuasion that any Planned Development is necessary
and desirable shall in every case rest with the applicant.
D. Buildings and uses or combinations of uses within a Planned Development shall be limited solely
to those approved as part of the ordinance granting a Planned Development; provided, however,
that any buildings and uses or combinations of uses in compliance with a unified, phased, or
master development plan approved as part of the ordinance granting a Planned Development
may be approved by the Corporate Authorities.
E. To the extent provided in the ordinance approving a proposed Planned Development, the proposed
Planned Development need not comply with the density, dimension, area, bulk, use, and other
zoning regulations that, but for the provisions of this Chapter, would otherwise apply to the property
on which the proposed Planned Development is intended. Modifications and departures from the
standard zoning provisions may be provided in accordance with the provisions of this Chapter and to
the extent that they will not be detrimental to or endanger the public health, safety, morals, comfort,
or general welfare.
13 -15 -3: PLANNED DEVELOPMENT STANDARDS:
A. Planned Developments are not permitted as of right. Planned Developments shall be approved
by the Village only in direct response to the accrual of tangible public benefits from the Planned
Development to the Village and its residents, along with the neighborhood and area in which the
Planned Development is proposed. These benefits shall include, without limitation, exceptional
amenities, landscape features, architectural or site design, or the conservation of special man-
made or natural features of the site, all as more specifically set forth in the standards set forth in
Subsection B of this Section.
B. General Design Standards: No application for a Planned Development shall be approved by the
Corporate Authorities unless the proposed Planned Development satisfies the standards set forth in
the following paragraphs of this Subsection 13 -15 -313 and Subsection 13- 15 -3C. All of these
standards shall not be regarded as inflexible, but shall be used as a framework by the Village to test
the quality of the amenities, benefits to the community, and design and desirability of the proposal.
Commercial Areas Revitalization Master Plan: The Planned Development shall not be
inconsistent with the planning policies, goals, objectives, and provisions of the Village's
Commercial Areas Revitalization Master Plan. A Planned Development must also not be
inconsistent with the intent and spirit of the Village of Oak Brook Comprehensive Plan.
2. Public Welfare: The Planned Development shall be designed, located, and proposed to
be operated and maintained so that it will not impair an adequate supply of light and air to
adjacent property and will not substantially increase the danger of fire or otherwise
endanger the public health, safety and welfare.
3. Impact on Other Property: The Planned Development shall not be unnecessarily injurious to
the use or enjoyment of other property in the neighborhood for the purposes permitted
pursuant to the applicable zoning district, shall not prevent the normal and orderly
development and improvement of surrounding properties for permitted uses, shall not be
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inconsistent with the community character of the neighborhood, shall not alter the essential
character of the neighborhood, and shall not substantially diminish or impair property values
within the neighborhood, or be incompatible with other property in the immediate vicinity.
The uses permitted in a Planned Development must be of a type and so located so as to
exercise no undue detrimental influence upon surrounding properties. The Planned
Development must also address compliance with the Village's noise, lighting, and other
performance standards.
4. Impact on Public Facilities and Resources: The Planned Development shall be designed so
that adequate utilities, road access, drainage, and other necessary facilities will be provided
to serve the development. The Planned Development shall include such impact donations
as may be reasonably determined by the Corporate Authorities. The required impact
donations, including, without limitation, obligations under the Village's subdivision
regulations, shall be calculated in reasonable proportion to the impact of the Planned
Development on public facilities and infrastructure to the extent permitted by law.
5. Archaeological, Historical or Cultural Impact: The Planned Development shall not
substantially and adversely affect a known archaeological, historical, or cultural resource
located on or off of the parcel proposed for development.
6. Parking and Traffic: The Planned Development shall have or make adequate provision to
provide ingress and egress to the proposed use in a manner that minimizes traffic
congestion in the public streets, provides appropriate cross access to adjacent properties
and parking areas, and provides adequate access for emergency vehicles.
7. Adequate Buffering: The Planned Development shall have adequate landscaping, public
open space, and other buffering features to protect uses within the development and
surrounding properties.
8. Signage: Signage on the site of the Planned Development shall generally be in conformity
with the Village's Sign Regulations (Chapter 11 of the Zoning Regulations), except as may
otherwise be specifically provided in the ordinance approving a Planned Development.
9. Ownership /Control Area: The site of the Planned Development must be under ownership
and /or unified control of the applicant.
10. Need: A clear showing of need for the Planned Development must be made by means of
an economic feasibility, land utilization and marketing study.
11. Compliance with Subdivision Regulations and Plat Act: All Planned Developments,
whether or not they are by definition subject to the Village's subdivision regulations or the
Illinois Plat Act, shall comply with all standards, regulations and procedures of the
Village's subdivision regulations and the Plat Act except as is expressly provided
otherwise in this Chapter, or as otherwise provided by the Corporate Authorities pursuant
to the ordinance approving the Planned Development, or the applicable sections of the
Village's subdivision regulations.
12. Covenants and Restrictions to be Enforceable by Village: All covenants, deed restrictions,
easements, and similar restrictions to be recorded in connection with the Planned
Development shall provide that they may not be modified, removed, or released without the
express consent of the Corporate Authorities and that they may be enforced by the Village
as well as by future landowners within the proposed development.
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13. Security and Site Control: The Planned Development shall include the plans necessary to
describe, establish, and maintain appropriate property and building security and site control
measures for the Planned Development and the property on which the Planned
Development is located. These plans shall also include measures to prevent adverse
impacts on neighboring properties.
C. Additional Standards: In addition to the standards required in Subsection B of this Section, the
following standards shall be considered in reviewing all proposed and amended Planned
Developments, particularly with regard to elements of Planned Development proposals that do not
satisfy the otherwise applicable provisions of the underlying zoning and subdivision regulations.
1. Integrated Design: A Planned Development shall be laid out and developed as a unit in
accordance with an integrated overall design. This design shall provide for safe, efficient,
convenient and harmonious grouping of structures, uses and facilities, and for appropriate
relation of space inside and outside buildings to intended uses and structural features.
2. Beneficial Common Open Space: Any common open space in the Planned Development
shall be integrated into the overall design. These open spaces shall have a direct functional
or visual relationship to the main building(s) and shall not be of isolated or leftover character.
The following would not be considered usable common open space:
a. Areas reserved for the exclusive use or benefit of an individual tenant or owner.
b. Dedicated streets, alleys and other public rights -of -way.
C. Vehicular drives, parking, loading and storage areas.
d. Irregular or unusable narrow strips of land.
3. Functional and Mechanical Features: Exposed storage areas, trash and garbage retainers,
exposed machinery installations, service areas, truck loading areas, utility buildings and
structures, and similar accessory areas and structures shall be accounted for in the design
of the Planned Development and made as unobtrusive as possible. These features shall be
subject to such setbacks, special planting or other screening methods as shall reasonably
be required to prevent their being incongruous with the existing or contemplated
environment and the surrounding properties.
4. Visual and Acoustical Privacy: The Planned Development shall provide reasonable visual,
and acoustical privacy. Fences, insulations, walks, barriers and landscaping shall be used
as appropriate for the protection and aesthetic enhancement of property and the privacy of
its occupants, screening of objectionable view or uses, and reduction of noises.
5. Energy Efficient Design: A Planned Development shall be designed with consideration
given to various methods of site design and building location, architectural design of
individual structures, and landscaping design capable of reducing energy consumption
within the Planned Development. The applicant will be encouraged, to the extent feasible, to
obtain Leadership in Energy and Environmental Design ( "LEED ") certification for the project.
A Planned Development applicant may also undertake the following:
a. Having at least one member of the applicant's project team be a "LEED Accredited
Professional" -- a person who has received the LEED Accredited Professional
designation from the United States Green Building Council ( "USGBC "), the Green
Building Certification Institute, or another entity authorized by the USGBC to grant
that designation.
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b. Having its application materials include a "LEED Checklist' developed by the U.S.
Green Building Council indicating the credits pursued and total points anticipated for
a project under the most appropriate LEED rating system, in consultation with the
Director of Community Development.
6. Drives, Parking and Circulation: Principal vehicular access shall be from dedicated public
streets, and access points shall be designed to encourage smooth traffic flow with controlled
turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to
vehicular and pedestrian circulation, including walkways, interior drives and parking, special
attention shall be given to location and number of access points to the public streets, width
of interior drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of
parking areas that are safe and convenient, and insofar as feasible, do not detract from the
design of proposed buildings and structures and the neighboring properties. To the extent
practical, Planned Developments shall provide connections to and from existing bike and
walking paths so as to ensure a continuous route without gaps or disconnections.
7. Surface Water Drainage: Special attention shall be given to proper site surface drainage so
that removal of surface waters will not adversely affect neighboring properties or the public
storm drainage system. Surface water in all paved areas shall be collected at intervals so
that it will not obstruct the flow of vehicular or pedestrian traffic.
13 -15 -4: SITE DEVELOPMENT ALLOWANCES:
Proposed site development characteristics that are not consistent with the Zoning Regulations otherwise
applicable to the property on which a Planned Development or Planned Development amendment is
proposed, may be approved in accordance with this Chapter as part of the ordinance approving the
Planned Development or Planned Development amendment. The applicant shall specifically identify
each site development departure and demonstrate how each departure will be compatible with
surrounding development and is not inconsistent with the Planned Development standards set forth in
Section 13 -15 -3 of this Chapter. Each departure shall be specifically stated and approved in the
ordinance approving the Planned Development or Planned Development amendment. Any approved
departures from the otherwise applicable Zoning Regulations shall not be deemed a nonconformity and
shall not require a variation.
13 -15 -5: PROCEDURES:
A. The following procedures are required to assure the orderly review of every Planned
Development application in a timely and equitable manner.
B. Preliminary Board Review:
A prospective applicant, prior to meeting with Village staff for a formal Pre - filing Review,
shall appear before the Corporate Authorities for a Preliminary Board Review. At a
minimum, the applicant shall provide the following materials to the Corporate Authorities
for its Preliminary Review: (1) a preliminary concept plan of the development, and (2) a
brief narrative describing the overall character, intensity, uses, and nature of the
proposed Planned Development. Prior to submission to the Corporate Authorities, the
Community Development Director will review the materials to confirm that the materials
provide sufficient information to adequately inform the Corporate Authorities of the nature
and scope of the proposed Planned Development. If sufficient information is provided,
the applicant shall coordinate with the Village Manager to be placed on a Corporate
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Authorities agenda and scheduled for the earliest appropriate Corporate Authorities
meeting.
2. The purpose of the Preliminary Board Review shall be to broadly acquaint the Corporate
Authorities with the applicant's proposal and to provide the applicant with any preliminary
views or concerns that members of the Corporate Authorities may have at a time in the
process when positions are still flexible and adjustment is still possible and prior to the
time when the applicant is required to expend the funds necessary to prepare the
complete documentation required for a formal application.
3. At the meeting at which the Preliminary Board Review is conducted, any member of the
Corporate Authorities may make any comments, suggestions or recommendations
regarding the preliminary development concept plan deemed necessary or appropriate by
that member; provided, however, that no final or binding action shall be taken with
respect to any preliminary application. Any views expressed in the course of the
Corporate Authorities' review of any preliminary development concept plan shall be
deemed to be only preliminary and advisory and only the individual views of the member
expressing them. Nothing said or done in the course of such review shall be deemed to
create, or to prejudice, any rights of the applicant or to obligate the Corporate Authorities,
or any member of it, to approve or deny any formal application following full consideration
as required by this Chapter.
C. Pre - filing Review and Transmittal of Application:
Conference:
a. Following the Preliminary Board Review, a prospective applicant, prior to
submitting a formal application for a Planned Development, shall meet for a Pre -
filing Review conference with the Village Manager, the Community Development
Director, and any other Village official or employee designated by the Village
Manager. The purpose of the conference is to assist the applicant in
understanding the Commercial Areas Revitalization Master Plan, the
requirements of this Chapter, the Zoning Regulations, the site development
allowances, the standards by which the application will be evaluated, and the
application requirements.
b. After reviewing the Planned Development process, the applicant may request a
waiver of any application requirement which in the applicant's judgment should
not apply to the proposed Planned Development. The justification for a waiver
must be that the application requirement should not apply because it does not
relate and is not necessary given the nature and scope of the proposed Planned
Development. All requests for application waivers shall be made in writing to the
Community Development Director prior to the submission of the formal
application documents.
C. All requests for waiver shall be reviewed by the Community Development
Director, who will make a final determination regarding the waiver within 15
working days of receipt of the request.
d. If deemed appropriate by the Community Development Director, the applicant,
prior to submitting a formal application for a Planned Development, will schedule
a public meeting to discuss the proposed Planned Development and the nature
and extent of impact, if any, on area residents. If a meeting is required, the
applicant shall send a written notice of the meeting via certified mail to all
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taxpayers of record and residents for all property within 500 feet of the proposed
Planned Development. The notice shall be mailed not more than 30 nor less than
15 days prior to the date of the meeting. A copy of the notice and mailing list shall
be provided to the Community Development Director. A written summary of
comments made at the meeting shall be maintained and submitted by the
applicant with the application.
2. Filing of Application: Following the completion of the Pre - filing Review conference, the
applicant shall file an application for a Planned Development in accordance with this
Chapter. The Community Development Director shall deliver copies of the application to
other appropriate Village departments for review and comment.
3. Deficiencies: The Community Development Director shall determine whether the
application is complete. If the Community Development Director determines that the
application is not complete, then the Community Development Director shall notify the
applicant in writing of the deficiencies and shall take no further steps to process the
application until the deficiencies are remedied.
4. Report on Compliance: A copy of the complete application and a written report
incorporating the comments of Village staff and other agencies regarding the compliance
of the proposed Planned Development with the requirements and standards of this
Chapter shall be delivered to the Planned Development Commission prior to the public
hearing required by Section 13 -15 -5D of this Chapter.
5. Determination Not Binding: Neither the Community Development Director's determination
that an application is complete nor any comment made by the Community Development
Director or Village staff at a Pre - filing Review conference or as part of the review process
shall be intended or construed as a formal or informal recommendation for or against the
approval of a proposed Planned Development, or any component part thereof, nor shall
they be intended or construed as a binding decision of the Village, the Planned
Development Commission, or Village staff.
D. Review and Action by the Planned Development Commission:
1. Upon receiving the report from the Community Development Director, the Planned
Development Commission shall hold a public hearing on the proposed Planned
Development.
2. Notice of the required public hearing shall be published by the Village, at the applicant's
expense, not more than 30 nor less than 15 days before the scheduled hearing in a
newspaper of general circulation in the Village and shall contain the following information:
a. The identification number designation of the application;
b. The date and time of the public hearing;
C. The location of the public hearing; and
d. The general location of the property, the legal description of the property and its
street address, if applicable, and a short description of the proposed Planned
Development and purpose of the public hearing.
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3. Notice of the required public hearing shall also be provided by the Village, at the
applicant's expense, by posting a sign or signs on the property not more than 30 days nor
less than 15 days prior to the public hearing. The sign shall be weatherproof and contain
the information as is required in Section 13- 15 -5D2. Failure to post the sign(s) and /or the
inadvertent removal or knocking down (by the Village or others) of the sign after posting
but before the public hearing shall not invalidate, impair, or otherwise affect any Planned
Development subsequently granted following the public hearing, nor shall it require a
postponement of the public hearing.
4. Notice of the required public hearing shall also be provided by the applicant by certified
U.S. Mail, return receipt requested, to the taxpayers of record and owners of record of the
property which is the subject of the application (if different than the applicant), and the
taxpayers of record and residents of all property within 500 feet of the subject property.
The notice shall contain the information as is required in Section 13 -15 -5D2 and shall be
mailed not more than 30 nor less than 15 days prior to the date of the public hearing. The
notice shall also include the name and address and phone number of the applicant for
the Planned Development.
5. The transcript of testimony, if any, the Commission's minutes, all applications, requests,
exhibits, and papers filed in the proceeding before the Commission, and the decision and
report, or reports, of the Commission shall constitute the record for that particular
application.
6. The Planned Development Commission shall review the application, the standards and
requirements established by this Chapter, the report of the Community Development
Director, and any oral and written comments and testimony received by the Planned
Development Commission before and at the public hearing. The Planned Development
Commission shall recommend approval, approval with conditions, or disapproval of the
proposed Planned Development.
7. Every recommendation of the Commission upon any application filed pursuant to this
Chapter shall be by a written resolution and shall include such findings of fact and
conclusions as the Commission shall deem necessary. The resolutions shall generally
refer to the evidence in the record and to the exhibits, plans, or specifications upon which
the recommendation is based. The resolution shall generally specify the reason or
reasons for the recommendation and shall contain a conclusion or statement separate
from the findings setting forth the recommendation of the Commission. Every resolution
shall expressly set forth any limitations or conditions recommended by the Commission.
In order to make a recommendation to approve (with or without conditions) or a
recommendation to deny a proposed Planned Development or an amendment to an
existing Planned Development, the affirmative vote of a majority of all members of the
Commission then holding office shall be required.
E. Review and Action by the Corporate Authorities:
Within 60 days of receipt of the report and recommendation of the Planned Development
Commission, and without further public hearing, the Corporate Authorities shall, at a
minimum, commence consideration of the proposed Planned Development. The
Corporate Authorities will attempt to conclude its consideration and render a final
decision as soon as possible within that 60 -day time period, but may extend its
consideration as necessary to allow a full and complete review and consideration of the
proposed Planned Development. Following its consideration, the Corporate Authorities
shall (a) deny the application; (b) refer the application back to the Planned Development
Commission for further review and, if necessary, additional public hearings; (c) postpone
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further consideration pending the submittal of additional information, including any
application requirement previously waived but deemed necessary by the Village for its
consideration; or (d) adopt an ordinance approving the Planned Development.
2. Any action taken by the Corporate Authorities pursuant to Section 13- 15 -5E1 of this
Chapter shall require the concurrence of a majority of the Corporate Authorities;
provided, however, that any proposed Planned Development that does not receive a
recommendation of approval (with or without conditions) from the Planned Development
Commission shall not be approved by the Corporate Authorities except by the affirmative
vote of two- thirds of the Corporate Authorities.
3. In approving a Planned Development, the Corporate Authorities may attach such
conditions to the approval as it deems necessary to have the proposed use or
combination of uses meet the standards set forth in this Chapter and to prevent or
minimize adverse effects on other property in the immediate vicinity. The conditions may
include, but are not limited to: impact donations and other related fees or property or
monetary contributions; limitations on size, bulk, location, and setbacks; requirements for
landscaping, signage, and outdoor lighting; provisions for adequate ingress and egress;
hours of operation; and such other conditions as the Corporate Authorities may deem
necessary in furtherance of the objectives of this Chapter.
F. Expedited Review. Notwithstanding the otherwise applicable procedures set forth in this Section,
the provisions of Subsection B (Preliminary Board Review) and Subsection D (Review and Action
by the Planned Development Commission) shall not apply to a proposed Planned Development
that satisfies all of the underlying zoning regulations applicable to the property on which the
proposed Planned Development is located ( "Expedited PD'). Following the pre - filing review and
transmittal of application as required by Subsection C of this Section, the proposed Expedited PD
will be transmitted directly to the Corporate Authorities for final action pursuant to Subsection E of
this Section; provided, however, that the Corporate Authorities shall only have the following three
options with regard to action on the proposed Expedited PD -- (a) deny the application; (b)
postpone further consideration pending the submittal of additional information, including any
application requirement previously waived but deemed necessary by the Corporate Authorities for
its consideration; or (c) adopt an ordinance approving the Planned Development. Any of these
actions taken by the Corporate Authorities shall require the concurrence of a majority of the
Corporate Authorities, and the provisions with regard to the required vote for a Planned
Development that does not receive a recommendation of approval from the Development
Commission shall not apply to a proposed Expedited PD. The Corporate Authorities shall have
full authority with regard to conditions that they may attach to the approval of an Expedited PD as
set forth in Section 13- 15 -5E3 of this Chapter.
13 -15 -6: APPLICATION REQUIREMENTS:
A. The application for a Planned Development must be filed by the owner of the property on which
the Planned Development is proposed to be located or any person or entity having a contractual
interest in the property. If the application is not filed by the owner, the owner must, at a
minimum, confirm to the Village in writing that the owner has authorized the applicant to apply for
the proposed Planned Development.
B. Applications for a Planned Development shall be filed with the Community Development Director
in such form and accompanied by such information, with sufficient copies, as shall be established
from time to time by the Village. Every application shall contain, at a minimum, the following
information and related data:
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1. The names and addresses of the owner(s) of the subject property and the applicant(s).
2. A statement from the owner of the subject property, if not the applicant, approving of the
filing of the application by the applicant.
3. A survey of, and legal description and street address for, the subject property.
4. A statement demonstrating compliance of the proposed Planned Development with the
Commercial Areas Revitalization Master Plan, and evidence of the proposed project's
compliance in specific detail with each of the standards for Planned Developments
provided in this Chapter.
5. A scaled site plan showing the existing contiguous land uses, natural topographic
features, zoning districts, public thoroughfares, and transportation and utilities.
6. A scaled site plan of the proposed Planned Development showing lot area, the required
yards and setbacks, contour lines, common space, and the location, floor area ratio, lot
area coverage and heights of buildings and structures, number of parking spaces and
loading areas.
7. Schematic drawings illustrating the design and character of the building elevations, types
of construction, and floor plans for all proposed buildings and structures. The drawings
shall also include a schedule showing the number, type, and floor area for all uses or
combinations of uses, and the floor area for the entire proposed Planned Development.
8. A landscaping plan showing the location, size, character, and composition of vegetation
and other material.
9. The substance of existing covenants, easements, and other restrictions, and any to be
imposed, on the use of land, including common open space, and buildings or structures.
10. A schedule showing the approximate date for beginning and completion of each stage of
construction of the Planned Development.
11. A professional traffic study acceptable to the Village showing the proposed traffic
circulation pattern within and in the vicinity of the area of the Planned Development,
including the location and description of public improvements to be installed, and any
streets and access easements.
12. A professional environmental impact study identifying and describing the nature and
extent of noise, light, and other potential environmental impacts associated with the
Planned Development and the property on which the Planned Development is located,
and the plans necessary to address those impacts:
13. A professional economic analysis acceptable to the Village, including the following:
a. The financial capability of the applicant to complete the proposed Planned
Development;
b. Evidence of the project's economic viability; and
C. A comprehensive analysis summarizing the economic impact the proposed
Planned Development will have upon the Village.
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14. Copies of all environmental impact studies as required by law.
15. An analysis setting forth the anticipated demand on all Village services resulting from the
proposed Planned Development.
16. A plan showing off -site utility improvements required to serve the Planned Development,
and a report showing the cost allocations and funding sources for those improvements.
17. A site drainage and stormwater detention and maintenance plan for the proposed
Planned Development.
18. A photometric /lighting plan for the proposed Planned Development.
19. A written summary of residents' comments pertaining to the proposed application from
any public meeting or hearing held pursuant to Sections 13 -15 -5C or D of this Chapter.
20. Plans necessary to describe, establish, and maintain appropriate property and building
security and site control measures for the Planned Development and the property on
which the Planned Development is located. These plans shall also include measures to
prevent adverse impacts on neighboring properties.
C. Fees:
General Fees: Each application for a Planned Development shall be accompanied by a
fee in the amount established by the Corporate Authorities from time to time payable to
the order of the Village to defray the costs and expenses of the Planned Development
procedures, and any other filing or other charges established pursuant to this Chapter
( "General Fees ").
2. Additional Cost Recovery: Every application filed for a Planned Development pursuant to
this Chapter that requires the Village to incur third party costs or expenses, including
without limitation, legal fees incurred by the office of the Village Attorney or any attorney
or firm retained by the Village, shall be subject to the cost recovery fee and lien
provisions set forth in this Subsection. The cost recovery fee shall be in addition to the
General Fees.
3. Responsibility for Payment: The owner of the property that is the subject of the
application and, if different, the applicant, shall be jointly and severally liable for the
payment of the General Fees, the cost recovery fee, and for the cost recovery lien. By
signing and authorizing the application, the owner or applicant shall be deemed to have
agreed to pay, and to have consented to, the General Fees and cost recovery fee, plus
any costs of collection, that have not been paid within 30 days following the mailing of a
written demand for payment to the owner or applicant at the address set forth on the
application, including any additional cost recovery fees assessed herein. Any lien filed
pursuant to this Subsection may be foreclosed in the manner provided for mortgages or
mechanics' liens under Illinois law.
4. Recoverable Costs: For purposes of calculating the cost recovery fee and General Fees,
the costs incurred by the Village with respect to the following items shall be deemed to be
the "actual costs" incurred by the Village in processing an application for a Planned
Development:
a. Publication and mailing of notices;
Ordinance 2009- ZO- PD -TA -G -890
Planned Development Regulations
Page 13 of 16
b. Court reporter and recording secretarial services;
C. Professional and technical consultant services;
d. Village Attorney, or other Village related attorney or law firm, consultation,
meeting attendance, document preparation, and review;
e. Copy reproduction;
Document recordation; and,
g. Inspection fees.
5. Escrow: For each application filed and processed pursuant to this Chapter that requires
the Village to incur third party costs or expenses, an application fee escrow account shall
be established as provided below:
a. Initial Deposit: Every petition filed that requires the Village to incur third party
costs or expenses shall be accompanied by an initial deposit for purposes of
paying additional application fees. The amount of the initial deposit shall be
determined by the Village Manager, and the initial deposit and any subsequent
deposit shall be placed in an application fee escrow account. No interest shall be
payable on any such escrow account.
b. Draws From Escrow: From the date of filing of any application, the Village shall
maintain an accurate record of the actual costs of processing and reviewing the
application. The Village shall, from time to time, draw funds from the escrow
account established to pay costs identified in Paragraph 4 of this Subsection and
shall transfer funds to the appropriate Village accounts. The Village shall
maintain an accurate record of all draws.
C. Additional Deposits: Should the Village at any time determine that the escrow
account established in connection with any application is, or is likely to become,
insufficient to pay the actual costs of processing an application, the Village shall
inform the applicant of that fact in writing and demand an additional deposit in an
amount deemed to be sufficient to cover foreseeable additional costs. Unless
and until such additional amount is deposited by the applicant, the Village may
direct that processing of the application be suspended or terminated. Any
termination shall be deemed a withdrawal of the application by the applicant.
d. Final Settlement: As soon as reasonably feasible following final action on a
application, the Village shall cause a final accounting to be made of the escrow
deposits made in connection with the application and the actual costs of
processing the application and shall make a final charge of costs against the
escrow deposit. A copy of the accounting shall be provided to the applicant. If the
amount in the escrow is insufficient to pay the total actual costs, a written
demand for payment of the balance due shall be mailed, to the applicant. If any
unused balance remains in the escrow account after paying the total actual
costs, that amount shall be returned to the applicant.
6. Waiver for Specified Public and Charitable Bodies: The provisions of this Subsection may
be waived by the Corporate Authorities for fees applicable to any application filed by any
public body, or any agency deriving the majority of its revenues from taxes levied within
the Village, or any charitable or eleemosynary organization.
Ordinance 2009- ZO- PD -TA -G -890
Planned Development Regulations
Page 14 of 16
7. Condition of All Planned Development Applications and Approvals: No application filed
pursuant to this Chapter shall be considered complete unless and until all fees due
pursuant to this Section 13 -15 -6C have been paid. Every approval granted and every
permit issued pursuant to this Chapter shall, whether or not expressly so conditioned, be
deemed to be conditioned upon payment of cost recovery fees as required by this
Section 13- 15 -6C.
8. Time Periods: Where this Chapter provides that the passage of time without decision or
action shall be deemed an approval or recommendation for approval, all time periods
shall be tolled during any period of nonpayment, but shall otherwise continue to run.
9. Failure to Pay: The failure to fully pay cost recovery fees when due shall be grounds for
refusing to process an application and for denying or revoking any Planned Development
approval sought or issued with respect to the land or development to which the unpaid
fee relates.
13 -15 -7: EFFECT OF APPROVAL OR DENIAL:
A. Approval of the Planned Development by the Corporate Authorities authorizes the applicant to
proceed with any necessary applications for building permits, certificates of occupancy, and other
permits which the Village may require for the proposed Planned Development. The Village's
Community Development Director shall review applications for these permits for compliance with
the terms of the Planned Development granted by the Corporate Authorities and other applicable
requirements. No permit shall be issued for development which does not comply with the
applicable requirements of law, including, without limitation, the terms and conditions of the
Planned Development ordinance approved by the Corporate Authorities.
B. The Village shall administratively revise the Official Zoning Map to properly note the existence
and boundaries of each approved Planned Development; provided, however, that any such
notation of a Planned Development shall not constitute a map amendment to the Official Zoning
Map.
C. Subject to Section 13 -15 -7G of this Chapter, the Corporate Authorities may declare the approval
of a Planned Development null and void if the recipient does not file a complete application for a
building permit relative to the proposed Planned Development within nine months after the date of
adoption of the ordinance approving the Planned Development.
D. Subject to Section 13 -15 -7G of this Chapter, the Corporate Authorities may declare the approval
of a Planned Development null and void if construction has not commenced within 24 months,
and is not completed within 36 months, after the date of adoption of the ordinance approving the
Planned Development, except as may otherwise be provided in the ordinance approving the
Planned Development.
E. Subject to Section 13 -15 -7G of this Chapter, the Corporate Authorities may declare the approval
of a Planned Development with a phasing plan null and void if construction has not commenced
and is not completed in accordance with the terms of the phasing plan.
F. Subject to Section 13 -15 -7G of this Chapter, the Corporate Authorities may declare the approval
of a Planned Development with a master development plan null and void if construction has not
commenced and is not completed in accordance with the terms and conditions contained in the
master development plan.
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Planned Development Regulations
Page 15 of 16
G. An extension of the time requirements provided pursuant to Subsections C, D, E, and F of this
Section may be granted by the Corporate Authorities for good cause shown by the applicant,
provided a written request is filed with the Village at least four weeks prior to the respective
deadline.
H. The Corporate Authorities may declare the approval of a Planned Development null and void if
the use or combination of uses for which the approval was granted ceases for a consecutive
period of one year.
No application for a Planned Development which was previously denied by the Corporate
Authorities shall be considered by the Planned Development Commission or the Corporate
Authorities if it is resubmitted in substantially the same form and content within one year of the
date of such prior denial.
1. The Community Development Director shall review the application for a Planned
Development and determine if the application is or is not substantially the same as a
previously denied application. An applicant has the right to request a meeting before the
Corporate Authorities to appeal the determination of the Community Development
Director that the application is substantially the same, provided a petition for appeal is
filed in writing with the Village Manager within 10 days after the Community Development
Director's determination.
2. The Corporate Authorities shall affirm or reverse the determination of the Community
Development Director, regarding whether the new application is substantially the same
as a previous application, within 45 days after receipt of the appeal.
3. If it is determined that the new application is not substantially the same, then the
applicant shall be entitled to continue with the application process and have the
application reviewed in accordance with the provisions of this Chapter.
13 -15 -8: AMENDMENTS AND CHANGES TO APPROVED PLANNED DEVELOPMENT
PERMITS:
A. Except for "minor changes" as provided in Section 13- 15 -813, any modifications to an approved
Planned Development or any addition to or expansion of an existing Planned Development shall
require separate review and approval under the provisions applicable to the initial approval of a
Planned Development.
B. A "minor change" is any change in the site plan or design details of an approved Planned
Development which is consistent with the standards and conditions applicable to the Planned
Development and which does not alter the concept or intent of the Planned Development. A
minor change shall not increase the Planned Development's density, add new uses, increase any
applicable bulk regulation, reduce open space, modify the proportion of housing types, change or
add new parking areas, alter alignment of roads, utilities or drainage, amend final development
agreements, provisions or covenants, or provide any other change inconsistent with any standard
or condition imposed by the Corporate Authorities in approving the Planned Development. A
minor change may be approved by the Village Manager, following receipt of a recommendation of
the Community Development Director, without obtaining separate approval by the Corporate
Authorities.
C. The provisions and limitations of Subsection A and B are subject to such additional conditions
and provisions as the Corporate Authorities may include in the ordinance approving a Planned
Development."
Ordinance 2009- ZO- PD -TA -G -890
Planned Development Regulations
Page 16 of 16
Section 4: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
APPROVED THIS 14th day of July, 2009.
,toh W. Craig
/illage President
PASSED THIS 14th day, of July, 2009.
Ayes: Trustees Aktipis, Moy, Saiyed, Wolin, Zannis
Nays:
None
Absent: Trustee Carson
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ATTEST:
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Charlotte K. Pruss
Village Clerk