9.0 PLANNED UNIT DEVELOPMENTS

ZONING ORDINANCE - 9.0 PLANNED UNIT DEVELOPMENTS

9.0 - PURPOSE

The purpose of Planned Unit Development regulations is to encourage and allow more creative and imaginative design of land developments than is possible under district zoning regulations. Planned Unit Development are intended to allow substantial flexibility in planning and designing a proposal. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. An intrinsic, and often neglected, premise upon which the approval of a Planned Unit Development (PUD) must be conditioned, is that while greater density or more lenient siting requirements may be granted, the Planned Unit Development should contain features not normally required of traditional developments. Inherent to realizing these objectives, is continuous and in-depth scrutiny of the proposed Planned Unit Development is being adhered to. Hence, to enable thorough analysis of a Planned Unit Development, more information is demanded about the proposal than would be required if development were being pursued under conventional zoning requirements.

 

9.1 - OBJECTIVES

Through proper planning and design, each Planned Unit Development should include features which further, and are in compliance with, the following objectives:

1. - To allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls.

2. - To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective flooding, soil, drainage, and other natural ecologic conditions.

3. - To combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner.

4. - To provide for abundant, accessible, and property located public open and recreation space, private open and recreation space, schools, and other public and private facilities.

5. - To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources.

6. - To enable land developments to be completely compatible and congruous with adjacent and nearby land developments.

7. - To ensure that development occurs at proper locations, away from environmentally sensitive areas, and on land physically suited to construction.

8. - To allow unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community.

9. - To create a method for the permanent preservation of historic buildings and/or landmarks.

 

9.2 - STANDARDS FOR PLANNED UNIT DEVELOPMENTS

The Planned Unit Development must meet the following standards:

1. - COMPREHENSIVE PLAN

 

A Planned Unit Development must conform with the objectives of the Comprehensive Plan of Gurnee.


2. - SITE AND OWNERSHIP

 

The site of the Planned Unit Development must be under single ownership and/or unified control. If the site is over thirty (30) acres, the "conceptual plan" procedure, as set forth in Section 9.3.2 may be followed.


3. - COMPATIBILITY

 

The uses permitted in a Planned Unit Development must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties.


 

In addition, the Planned Unit Development shall not endanger the public health, welfare, or safety, nor shall it substantially diminish or impair property values in the neighborhood in which it is to be located.


4. - NEED

 

The Planned Unit Development must be of a character and contain such uses that are needed in the area of the proposed project.


*5. - DENSITY

 

The net density of a Planned Unit Development (either in dwelling units - for residential uses, or in floor area - for all other uses) shall generally correspond to the net density regulations imposed by the underlying zoning district. The net density of the Planned unit Development is not necessarily required to precisely correspond with the normal net density of the underlying zoning district, but instead should reflect that district's character through complementary building types and architectural design. It is required that a zoning amendment request accompany the Planned Unit Development application if the net density of the proposed development substantially exceeds the net density permitted in the underlying zoning district.

(*Amended March 24, 1986, Ord. No. 86-16)

6. - SPACE BETWEEN BUILDINGS

 

The minimum horizontal distance between the buildings shall be:

a. - Fifteen (15) feet between clustered or "zero lot line" single-family detached buildings.
b. - Twenty (20) feet between single-family detached dwellings.
c. - Thirty (30) feet between buildings, other than single family-detached dwellings, of one (1), or two and one-half (2 1/2) stories in elevation.
d. - Equal to the height of the taller building in the case of free-standing buildings greater than two and one-half (2 1/2) stories in elevation.

7. - YARDS

 

The required yards along the periphery of the Planned Unit Development shall be at least equal in width or depth to that of the adjacent zoning district.


a. - Buildings of more than twenty-four (24) feet in height shall provide a setback from any property line of not less than equal to the height of such buildings.
 

In circumstances where the Village Board of Trustees, acting upon the recommendation of the Plan Commission, in reviewing a particular Preliminary Planned Unit Development Plat, may upon ample evidence of exceptional design or construction features, which are deemed both architecturally and environmentally superior, include the provision of an inordinate amount of amenities, are in strict compliance with Village building, fire health, and other application codes, and/or contribute to the increased health, safety, and welfare of existing and future residents of the Village, may lower the required yards along the periphery of the Planned Unit Development from the standard required in the adjacent zoning district to the extent deemed appropriate in direct relationship to the exceptional architecturally and environmental superior design and construction features.


8. - PARKING REQUIREMENTS

 

Adequate parking shall be provided and shall be in general conformance with the parking regulations provided for in other sections of this Ordinance unless changes are warranted by the particular characteristics of the proposed Planned Unit Development.


 

Additional parking space for guests, customers, the handicapped, recreational vehicles, and other common storage and/or parking uses in Planned Unit Developments, shall be required by the Village Board, acting upon the recommendation of the Plan Commission, if warranted by the particular characteristics of the proposed Planned Unit Development.


9. - TRAFFIC

 

Adequate provision shall be made to provide ingress and egress so designed as to minimize both internal and external traffic hazards and congestion.


10. - DESIGN STANDARDS

 

The provisions of the Gurnee Subdivision Regulations, as amended, shall be adhered to, unless a waiver is granted by the Village Board.


11. - PERFORMANCE STANDARDS

 

The performance standards for the underlying zoning district of the Planned Unit Development shall, in all instances, be complied with.


12. - DEPARTURE FROM STANDARDS

 

The Planned Unit Development may depart from strict conformance with the required density, dimension, area, height, bulk, use and specific content regulations of this Ordinance to the extent specified in the preliminary plat and documents authorizing the Planned Unit Development so long as the Planned Unit Development provides tangible benefits to the neighborhood or community in which it is located. These benefits shall be in the form of provisions of exceptional amenities, design excellence, etc. The waiver of any requirement shall be the direct cause of accrual of positive benefits to the residents of the development as well as to the general community (e.g., waiver of yard requirements might result in more usable open space). Departure from any requirement specified in this Ordinance or other Village ordinances and regulations is a privilege, and shall be granted only upon recommendation of the Plan Commission and approval by the Village Board.



 

9.3 - PROCEDURE FOR PLANNED UNIT DEVELOPMENTS

The unique character of Planned Unit Development requires their administrative processing as a special use in this Ordinance. Planned Unit Developments may be processed as special uses in each district of this Ordinance. Planned Unit Developments are more complex and of a significantly difference character than other special uses, therefore requiring the establishment herein of specific procedures different than those used to process other special uses. The procedure, standards, objectives and purpose set forth in this Article, when in conflict with other provisions of this Ordinance, as they may pertain to Planned Unit Development, and only Planned Unit Developments, shall be superseding.

A four-step procedure is prescribed for Planned Unit Developments of which the second step is optional.

1. - STEP 1 - PRE-APPLICATION PROCEDURE
a. - Intent - The intent of the Pre-Application process is to obtain a general awareness of the Village's adopted planning rationale, the compatibility of the proposed Planned Unit Development with existing and anticipated land uses in the vicinity, and a familiarity with the Village's Planned Unit Development procedures. This procedure allows the developer to determine the suitability of a proposed Planned Unit Development procedures. This procedure allows the developer concerning the approval or construction of the proposed Planned Unit Development.
b. - Pre-Application Conference - Prior to the filing of an application for approval of a Planned Unit Development, the prospective applicant may request of the Plan Commission one (1) informal meeting to discuss the development of the proposed Planned Unit Development site in conjunction with the Village's adopted planning rationale and its compatibility with existing and anticipated land uses in the vicinity. Said meeting may be a part of a regularly scheduled meeting, shall be open to the public, and included on their agenda in advance of the meeting.

 

The Pre-Application conference is not mandatory nor does it require formal application fee, or filing of a Planned Unit Development plat. However, the expenses incurred by the Village as a result of any additional conferences in excess of the one (1) entitled conference with the Plan Commission to discuss the development of the proposed Planned Unit Development site, within a period of one (1) year from the date of the initial Plan Commission conference on the said proposed Planned Unit Development site, shall be paid for by the prospective applicant.

c. - Pre-Application Document Review - Prior to the filing of an application for approval of a Planned Unit Development, either before, after, or in lieu of the Pre-Application Conference, all prospective applicants shall review copies of the Gurnee Land Use Plan, the Zoning Map, and the Planned Unit Development Sections of this Ordinance, which are available for inspection at the Village Hall. The Plan shall be evaluated by the petitioner in order to determine the consistency of the proposal with the Village's adopted planning rationale. The Zoning Map shall be reviewed to ascertain whether or not he proposal is likely to be compatible with existing and anticipated land uses in the vicinity of the proposal. The Planned Unit Development sections of this Ordinance shall be reviewed to insure familiarity with the Village's Planned Unit Development procedures.

 

The applicant is required to sign a statement to the effect that the applicant has reviewed copies of the Gurnee Land Use Plan, the Zoning Map, and the Planned Unit Development Sections of this Ordinance at the time the Planned Unit Development application is submitted for approval.


2. - STEP 2 - CONCEPTUAL PLAN PROCEDURE (OPTIONAL)
a. - Intent - The intent of the Conceptual Plan Submission is to obtain approval of the Village for the development of a parcel of land in accord with the plans, programs, and schedule submitted as this part of the Planned Unit Development application. If this optional procedure is elected, the petitioner is explicitly committing the subject property to a specific arrangement of land uses at a specific range of densities. In return the petitioner is receiving - through rezoning for a Planned Unit Development - a community commitment that, following conceptual plan approval, the petitioner can proceed to subsequent steps of the Planned Unit Development procedure with reasonable assurance that if the agreed to concept is carried forth, preliminary and final plat approval will be granted. This procedure allows for approval of an overall concept without the necessity of prejudging long-range markets.

 

Only proposals of at least thirty (30) acres may pursue this optional step. If this procedure is not selected, or if a property subject to Planned Unit Development consideration contains less than thirty (30) acres, the second step in the procedure is the "Preliminary Plat" stage.

b. - Procedure - A request for approval of a Conceptual Plan, as a step in the Planned Unit Development procedure, shall be submitted to the Office of the Zoning Administrator and subsequently shall be referred to the Plan Commission for public hearing, review, and recommendation. The required procedure for review of the Plan shall be:
(1) - Submission of the items required of a Conceptual Plan petitioner as identified under the "Submission Requirements" sections of this Article. Said submission requirements fall into two general categories:
(a) - Submission of data required at the time application is made for Conceptual Plan Approval;
(b) - Submission of data required at the time of the first public hearing pertaining to the specific Conceptual Plan.
(2) - The Plan Commission shall hold a public hearing on the application for a Planned Unit Development Conceptual Plan in accord with the procedures established for special uses in this Ordinance.
(3) - Following the public hearing and review of the Conceptual Plan submission, the Plan Commission shall within thirty (30) days, unless an extension is requested by the petitioner, recommend approval, modification, or disapproval of the Conceptual Plan, and the reasons therefor, or indicate why a report and recommendation cannot be rendered to the Village Board.

 

In its communication to the Village Board, the Plan Commission shall set forth "findings of fact," in accordance with the "findings of fact" section of this Article, on which the recommendation is based and describing how the Conceptual Plan meets the standards and objectives stated in this Article.

(4) - The Village Board, after receipt of the Conceptual Plan from the Plan Commission, shall approve, modify, or disapprove the Plan within sixty (60) days, unless an extension is requested by the petitioner. In the case of approval, or approval with modification, the Village Board shall pass a resolution approving the Conceptual Plan. Said ordinance shall provide for a change in the official Village Zoning Map indicating that the subject site is approved for a Planned Unit Development for further allowing for any approved zoning amendments, variations, and/or special uses. However, once these map changes are made, the petitioner must submit subsequent Preliminary Plat data in accordance with the schedule set forth in the "Revocation and Extension" section of this Article. If same is not done, all map changes authorized by the Village Board shall revert back to the original zoning designation affixed to the subject property in accordance with the same "Revocation and Extension" section of this Article. The Village Board may require such special conditions as it may deem necessary to insure conformance with the objectives and standards established in this Article.

 

It is emphasized that no building or construction whatsoever may take place within the proposed Planned Unit Development and no permits may be issued, until the Final Plat and accompanying data has been submitted, approved, and recorded. Approval of the Conceptual Plan shall constitute an interim zoning acceptance of the land use and density concepts specified therein, and shall indicate the general acceptance of the Village Board to approve a "Preliminary Plat" that carries out, refines, and implements the concepts expressed in the Conceptual Plan. The Conceptual Plan and a Preliminary Plat for the first stage or stages of a Planned Unit Development may be filed and approved simultaneously.


3. - STEP 3 - PRELIMINARY PLAT PROCEDURE
a. - Intent - It is the intent of the Preliminary Plat submission to obtain tentative approval from the Village for the plans, design, and program that the petitioner contemplates compliance with. If the Preliminary Plat is approved, the petitioner can proceed to the Final Plat stage with reasonable assurance that the Final Plat will be approved if substantially in compliance with the Preliminary Plat. If the Preliminary Plat is submitted without the benefit of first completing the optional Conceptual Plat stage of the Planned Unit Development procedure, a relatively detailed submission is required to assure the Village that the proposed Planned Unit Development substantially conforms to the objectives and standards expressed in this Article. If a Conceptual Plat has already been submitted and approved, the submission of the Preliminary Plat either in stages or in total is expected to refine the originally approved concept.

 

Any parcel of property may be eligible for consideration as a Planned Unit Development using the Preliminary Plat procedure. However, each petitioner for Preliminary Plat approval should be aware that the objectives and standards for Planned Unit Developments, as expressed in this Article, must be clearly integrated into the Planned Unit Development submission. Failure to do so will result in disapproval.


b. - Procedure - A request for approval of a Preliminary Plat, as a step in the Planned Unit Development procedure, shall be submitted to the Office of the Zoning Administrator, which shall refer same to the Plan Commission for public hearing, review and recommendation. The required procedure for review of the Preliminary Plat shall be:
(1) - Submission of the items required of a Preliminary Plat petitioner as identified under the "Submission Requirements" Section of this Article. Said submission requirements fall into two general categories:
(a) - Submission of data required at the time application is made for Preliminary Plat approval;
(b) - Submission of data required at the time of the first public hearing pertaining to the specific Preliminary plat.

(2) - The Plan Commission shall hold a public hearing on the application for a Planned Unit Development Preliminary Plat in accord with the procedures established for special uses in this Ordinance. If a public hearing was held on a Conceptual Plan for the subject Planned Unit Development, a second public hearing is required with the submission of the Preliminary Plat. The sophisticated submission required at the time of the Preliminary Plat hearing is significantly different from that required at the Conceptual Plan stage. In the first stage concepts are being reviewed, at the Preliminary Plat stage precise plans and designs are the subject of scrutiny. The public has the right to witness and voice opinions at both stages.
(3) - Following the public hearing and review of the Preliminary Plat submission, the Plan Commission shall within thirty (30)days, unless an extension is requested by the petitioner, recommend approval, modification, or disapproval of the Preliminary Plat, and the reasons therefor, or indicate why a report and recommendation cannot be rendered to the Village Board.

 

In its communication to the Village Board, the Plan Commission shall set forth "findings of fact," in accordance with the "Findings of Fact" section of this Article, on which the recommendation is based and describing how the Preliminary Plat meets the standards and objectives stated in this Article.

(4) - The Village Board, after receipt of the Preliminary Plat from the Plan Commission, shall approve, modify, or disapprove the Plat within sixty (60) days, unless an extension is requested by the petitioner. In the case of approval, or approval with modification, the Village Board shall authorize the Plat Officer to sign the Preliminary Plat. If the Preliminary Plat is the first submission made as part of the Planned Unit Development procedure, the Village Board shall pass an ordinance for a change in the Official Village Zoning Map indicating that the subject site is approved for a Planned Unit Development and further allowing for any approved zoning amendments, variations, and/or special uses. The petitioner must submit subsequent Final Plat data in accordance with the schedule set forth in the "Revocation and Extension" Section of this Article. If same is not done, all map changes authorized by the Village Board shall revert back to the original zoning designation affixed to the subject property in accordance with the same "Revocation and Extension" Section of this Article. The Village Board may required such special conditions as it may deem necessary to ensure conformance with the objectives and standards established in this Article.

 

It is emphasized that no building or construction, excluding public improvements, may take place within the proposed Planned Unit Development, and no permits may be issued, until the Final Plat and accompanying data has been submitted, approved, and recorded. Several projects or stages may compose the overall Planned Unit Development. If this is the case, the Final Plat may be submitted and approved in several states in accordance with the agreed to development schedule processed with Preliminary Plat data. Permits shall be issued pursuant to the processing, approval, and recording of each separate stage of the overall Final Plat. Approval of a Preliminary Planned Unit Development Plat shall not constitute approval of the Final Plat. Rather, it shall be deemed an expression of approval to the layout submitted on the Preliminary Plat and as a guide to the preparation of the Final Plat, which will be submitted for approval of the Village and subsequent recording, upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The Final Plat shall be approved if it conforms with the Preliminary Plat.


 

The Preliminary and Final Plats may be filed and approved simultaneously.


4. - STEP 4 - FINAL PLAT PROCEDURE
a. - Intent - The purpose of the Final Plat is to designate with particularity the land subdivided into conventional lots as wells as the division of other lands, not so subdivided, into common open space and building sites. The Final Plat is intended as a document to be recorded. The Final Plat shows the exact location of facilities, while the Preliminary Plat shows the general location of the same facilities.
b. - Procedure - The Final Plat shall be submitted as a Planned Unit Development Plat and shall conform substantially to the Preliminary Plat as approved and, if desired by the petitioner, may be submitted in stages with each stage reflecting the approved Preliminary Plat which is proposed to be recorded and developed; provided, however, that each stage submitted conforms to all requirements of these regulations. The required procedure for approval of a Final Plat shall be:
(1) - Submission of the items required of a Final Plat petitioner as identified under the "Submission Requirements" Section of this Article. Said submission shall be made to the Office of the Zoning Administrator or Plat Officer, as may be determined, for certification that the Final Plat is in conformance with Planned Unit Development Regulations and in agreement with the approved Preliminary Plat.
(2) - The Plan Commission shall review the Final Plat data within thirty (30) days after submission. A public hearing is not required. After review of the Final Plat, the Plan Commission shall, within thirty (30) days, unless an extension is requested by the petitioner, recommend approval or disapproval, and the reasons therefor to the Village Board.
(3) - The Village Board, after receipt of the Final Plat from the Plan Commission, shall approve, or disapprove the Final Plat within a period of sixty (60) days, unless an extension is requested by the petitioner. In the case of approval, the Village Board shall authorize the Plat Officer to sign the Final Plat. Permits are issued only after the Final Planned Unit Development Plat and any required supporting data have been recorded with the County Recorder of Deeds, and shall be issued in full conformance with the Planned Unit Development. Proof of the recording of the Final Plat shall be provided to the Building Commissioner. The construction authorized by the Building Permit shall be in full compliance with the Final Planned Unit Development Plat, as recorded.

 

9.4 - SUBMISSION REQUIREMENTS

1. - CONCEPTUAL PLAN STAGE (OPTIONAL)
a. - At the time application is made for Conceptual Plan approval, the following items must be submitted to the Office of the Zoning Administrator:
(1) - Application - A written application for a Planned Unit Development on forms supplied by the Office of the Zoning Administrator.
(2) - Fee - A fee, established by the Village Board, that is suitable to cover costs incurred by the Village for review of the specific proposal. If special planning, engineering, architectural or other consultants must be retained by the Village for review of the proposed Planned Unit Development, the petitioner shall be so notified, and all costs for said consultants expended by the Village - not covered by the filing fee - shall be reimbursed by the petitioner.
(3) - Notification List - A list of the names and addresses of owners of all property that is situated within five hundred (500) feet of the property lines of the subject site. This list shall be current as of the date of submission. People appearing on said list will be sent notice of the public hearing in compliance with statutory requirements. In addition, the responsible fire protection district (if any), affected school districts, affected park districts, and affected sanitary and/or drainage district shall appear on a separate list of notification. The County Highway Department will also be notified. Additional parties, specified by the petitioner, may appear on the notification list. Interested community groups, such as homeowner's associations, may request notification for projects within adjoining areas. Failure to provide an accurate list of names and addresses of owners of all property that is situated within five hundred (500) feet of the property lines of the subject site shall be cause for immediate dismissal of the Planned Unit Development application as well as forfeiture of all fees and expenses incurred.
(4) - Ownership - A state of present and proposed ownership of all land within the development.
(5) - Legal Description - A legal description of the subject site.
(6) - Taxes - Proof shall be furnished to indicate that there are no delinquent taxes constituting a lien on the whole or on any part of the property. Such proof may take the form of paid tax bills to the date of submission of the Planned Unit Development application, a statement from the title insurance company indicating that no liens affect the subject site, or a letter from the County Assessor or Treasurer affirming that there are no delinquent taxes of the property.
b. - At the time of the public hearing on the Conceptual Plan, twenty (20) copies of all subsequent listed information shall be submitted (with the exception of non-reproducible exhibits). Failure to submit any of the required information, without a specific written waiver from the Plan Commission, shall constitute grounds for dismissal of the Planned Unit Development petition. Waiver of specific submission elements may be requested of the Plan Commission, in writing, at the time the Planned Unit Development Conceptual Plan application is made. The Plan Commission will decide upon the waiver request at its next regularly scheduled meeting; the petitioner will be notified of the decision, and the public hearing will then be scheduled. Specific grounds for waiver must be stated by the petitioner. The Conceptual Plan submission shall include the following:
(1) - Concept Plan - A drawing of the Planned Unit Development shall be prepared at a scale that provides for a clear understanding of the way in which the property is intended to be developed. The Plan shall indicate the concept of the development with refinements to indicate the overall land use pattern, general circulation system, open space or park system, and major features of the development. This Section does not require a detailed site plan of buildings, walks, etc. The Plan should include:
(a) - Boundary lines and dimensions of the subject site.
(b) - Existing and proposed easements--general location and purpose.
(c) - Streets on, adjacent, or proposed for the tract, including all rights-of-way and pavement widths.
(d) - Land use patterns proposed for the subject site.
(e) - Map data--name of development, name of site planner, north point, scale, date of preparation.
(2) - Site Data - A list of pertinent site data, including:
(a) - Description and quantity of land uses.
(b) - Acreage of site.
(c) - Number of dwelling units proposed and anticipated population.
(d) - Area of industrial, commercial, institutional, recreational, and circulation land uses proposed.
(e) - Densities of residential areas.
(f) - Bedroom mixes.
(3) - Objectives - A statement indicating how the proposed Planned Unit Development corresponds to and complies with objectives for Planned Unit Developments as previously stated in this Article.
(4) - Schedule - Development schedule indicating:
(a) - States in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the Plat and through supporting graphic material.
(b) - Approximate dates for beginning and completion of each stage.
(c) - If different land use types are to be included within the Planned Unit Development, the schedule must include the mix of uses anticipated to be built in each stage.
(5) - Environmental Information - Data identifying existing natural and environmental site conditions, including:
(a) - Topography - A topographic map, if possible underlying the concept plan, at a minimum of one (1) foot contour intervals.
(b) - Flood Plain - Information from the most current source specified by the Village indicating the location and extent of the regulatory flood plain.
(c) - Soils - Information from the most current U.S. Department of Agriculture - Soil Conservation Service Soils Catalog indicating the location and species of soils. If said information is not available, soil borings may be submitted.
(d) - Location and extent of existing vegetation.
(e) - A depiction of existing surface drainage patterns and proposed retention and detention areas.
(6) - Utilities - Statement indicating that sanitary sewer, storm sewer, and water are directly available to the site, or if well and septic systems are proposed, a statement from a licensed professional engineer indicating that the proposed development can be suitably served by such systems.

 

If utilities are not directly available to the subject site, but can be made available in a manner consistent with the Village's Comprehensive Plan, prudent engineering principles, and with utility capacity parameters, then utilities may be permitted to be extended to the site. If extension of utilities is proposed, the petitioner shall submit a statement indicating the estimated improvement costs and projected source of funding for the necessary improvements. The petitioner shall specify what proportion of the utility improvements made necessary as a result of the subject development, if any, s/he will pay for. For purposes of this Section, utilities shall be considered to be "not directly available" if located more than four hundred (400) feet from the boundaries of the subject site. This provision shall apply to the extension of sanitary sewer, storm sewer, and water utilities only.

(7) - Traffic Analysis - A study providing information on the existing road network, and adjunct vehicle volumes, and the effect the proposed Planned Unit Development will have on the existing (or improved) road network.

 

If traffic or roadway improvements external to the subject site are anticipated as a result of the proposed development, the petitioner shall submit a statement indicating the nature and extent of those contemplated improvements. Included in said statement shall be information pertaining to what proportion of the external traffic and roadway improvements made necessary as a result of the Planned Unit Development, if any, the developer will pay for. All internal traffic and roadway improvements associated with the Planned Unit Development shall be paid for by the developer.


(8) - Tax and School Impact - A study indicating the sources and amounts of revenue to be generated to various governmental jurisdictions as a result of the development, expected school-age children generation, and estimated cost of providing service to the development that will be absorbed by the Village and the affected school districts.
(9) - Market Analysis - Depending upon the types of land uses proposed to be included in a Planned Unit Development, information shall be provided from one (1) or more of the following categories:
(a) - Planned Unit Developments proposed to contain any residential uses shall require submission of at least the following market data:
1. - Details about the proposal pertaining to: housing types, floor area of dwellings, estimated price ranges, number of bedrooms, densities, amenities included, etc.
2. - An evaluation of the historical market pattern for the types of units proposed, considering the variables listed in Section 9.4.1b(9)(a) of this Article. Building permit issuance trends and/or surveys of existing recently constructed residential developments shall be used in this evaluation.
3. - Total anticipated demand in the Village for the type of unit(s) proposed shall be estimated for the immediately subsequent five (5) year period. The percent of that demand which would be absorbed by the proposed Planned Unit Development shall be identified. Methods used in determining the five (5) year demand shall be indicated.
(b) - Planned Unit Developments proposed to contain any commercial uses shall require submission of at least the following market data:
1. - Details about the proposal pertaining to: number of users, floor area of each use area, bulk of buildings, price or rent ranges, floor area ratios, place of residence of prospective employees, etc.
2. - Trade area which the commercial development is intended to serve.
3. - Location of comparable commercial developments within the trade area.
4. - Population and effective per capita buying income of the trade area.
5. - Anticipated sales volume of the commercial development.
(c) - Planned Unit Developments proposed to contain any industrial uses shall require submission of at least the following market data:
1. - Details about the proposal pertaining to: number of users, floor area of each use area, bulk of buildings, price or rent ranges, floor area ratios, approximate number of employees, place of residence of prospective employees, etc.
2. - Location of other industrial development within the community.
3. - Market area for anticipated industries.
(10) - Land Use and Zoning Exhibit - A graphic portrayal of existing land use and zoning patterns within a minimum of 1,320 feet of the subject site.

2. - PRELIMINARY PLAT STAGE
a. - At the time application is made for Preliminary Plat approval, the following items must be submitted to the Office of the Zoning Administrator:
(1) - If Preliminary Plat is the first Planned Unit Development submission to be made - All six (6) items listed in Section 9.4.1a of this Article. (Conceptual Plan submission requirements) shall be required to be submitted instead at the Preliminary Plat Stage.
(2) - If Conceptual Plan approval has been granted:
(a) - A notarized letter submitted by the owner(s) or their agent indicating the intent to file a Preliminary Plat as soon as a public hearing can be scheduled by the Plan Commission. Said letter shall serve as a Preliminary Plat application.
(b) - Fee - A Preliminary Plat filing fee, established by the Village Board to cover costs incurred by the Village for review of the specific proposal. If special planning, engineering, architectural, or other consultants must be retained by the Village for review of the proposed Planned Unit Development, the petitioner shall be so notified, and all costs for said consultants expended by Village - not covered by the filing fee - shall be reimbursed by the petitioner.
(c) - Notification List - A list of the names and addresses of owners of all property that is situated with five hundred (500) feet of the property lines of the subject site. This list shall be current as of the date of submission. People appearing on said list will be sent notice of the public hearing in compliance with statutory requirements. In addition, the responsible fire protection district (if any), affected school districts, affected park districts, and the affected sanitary and/or drainage district shall appear on a separate list of notification. The County Highway Department will also be notified. Additional parties, specified by the petitioner, may appear on the notification list. Interested community groups, such as homeowner's associations, may request notification for projects within adjoining areas. Failure to provide an accurate list of names and addresses of owners of all property that is situated within five hundred (500) of the property lines of the subject site shall be cause for immediate dismissal of the Planned Unit Development application as well as forfeiture of all fees and expenses incurred.
b. - At the time of the public hearing on the Preliminary Plat, twenty (20) copies of all subsequent listed information shall be submitted (with the exception of non-reproducible exhibits). Failure to submit any of the required information, without a specific written waiver from the Planning Commission, shall constitute grounds for dismissal of the Planned Unit development petition. Waiver of specific submission elements may be requested of the Planning Commission, in writing, at the time the Planned Unit Development Preliminary Plat application is made. The Planning Commission will decide upon the waiver request at its next regularly scheduled meeting; the petitioner will be notified of the decision, and the public hearing will then be scheduled. Specific grounds for waiver must be stated by the petitioner. The Preliminary Plat submission shall include the following:
(1) - All ten (10) items listed in Section 9.4.1b. (Conceptual Plan Submission requirements) shall be required to be submitted at the Preliminary Plat Stage, if the Preliminary Plat is the first Planned Unit Development Submission to be made; however, item number (1) in Section 9.4.1b is not required. If Conceptual Plan approval has been granted, these items need not be resubmitted.

(2) - Detailed Plan - A drawing of the Planned Unit Development shall be prepared at a scale of not less than 1" = 50' unless approved at another scale by the Village Engineer and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one (1) or more sheets and drawing, and must include:
(a) - Boundary lines and dimensions of the subject site.
(b) - Existing and proposed easements - general purpose and width.
(c) - Streets on, adjacent, or proposed for the tract.
(d) - Utility extensions of water lines, sanitary sewers, and storm sewers.
(e) - Land use designations for the subject site.
(f) - Retention and detention areas.
(g) - Residential lots (average lot size and minimum lot size shall be specified).
(h) - General location, purpose and height, in feet or stories, of each building other than single-family residences.
(i) - Map Data - name of development, name of site planner, north point, scale, date of preparation.
(3) - Architectural Plans - Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size and type of dwelling units. Also provide floor area of building types and total ground coverage of buildings.
(4) - Adjacent Property Information - Topography of property within two hundred fifty (250) feet of the subject site, at a minimum of five (5) contour intervals, with natural drainage patterns indicated and with the subject site's topography and drainage patterns depicted. The location, size, and invert elevation of adjacent, or the closest sanitary sewer, storm sewer, and watermain, as well as documentation of these facilities' points of origin.
(5) - Community Benefit Statement - A written statement comparing the relative benefits that will accrue to the community as a result of this site being developed under Planned Unit Development provisions as opposed to conventional zoning. Specific mention should be made of open space, natural features, and architectural design. This statement supplements the "Objectives" statement that may be required with the submission of the Conceptual Plan or the Preliminary Plat. The "Objectives" statement differs from this statement, in that each of the objectives listed in Section 9.1 of this Article must be specifically addressed. In contrast, the "Community Benefit Statement," which accompanies a detailed site plan, provides a developer the opportunity to define with particularity why his proposal merits approval and how it will serve the community better than a conventional development.

3. - FINAL PLAT STAGE

 

At the time the Final Plat is filed with the Plan Commission for review and recommendation, the following items must be submitted:

a. - Final Detailed Plan - A final Planned Unit Development Plat, suitable for recording with the County Recorder of Deeds, shall be prepared. The purpose of the Final Plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The Final Plat shall include:
(1) - An accurate legal description of the entire area under immediate development within the planned development.
(2) - A Planned Unit Development Plat of all lands which are a part of the Final Plat being submitted, and meeting all the requirement for a Final Plat. If lands which are a subject of the Final Plat are to be subdivided, than a subdivision plat is also required.
(3) - An accurate legal description of each separate unsubdivided use area, including common open space.
(4) - Designation of the location of the building pads, or areas, or setback lines or setback standards for all buildings to be constructed.
(5) - Certificates, seals, and signatures required for the dedication of lands, and recording the document.
(6) - Tabulation of separate unsubdivided use area, including land area, number of buildings, number of dwelling units, number of bedrooms, and dwelling units per acre.
b. - Common Open Space Documents - All common open space shall be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the Planned Unit Development, or retained by the developer with legally binding guarantees, in a form approved by the Village Attorney, verifying that the common open space will permanently be preserved as open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.
c. - Final Systems Plans - Final plans, with all required detail, shall be submitted, including:
(1) - Engineering plans showing how the site is to be serviced with sewer, water, well, and/or septic systems (as agreed to during the Preliminary Plat Stage).
(2) - Lighting plans.
(3) - Drainage and storm water retention and detention plans.
(4) - Road plans, including curbs and gutters, on-site/off-site signalization, acceleration, deceleration lanes, etc.
(5) - Sidewalk, paths, and cycle trails.
(6) - Landscape Plans showing the type and location of plant material, berms, and other aesthetic treatments.
d. - Public Facilities - All on-site and/or off-site public facilities and improvements made necessary as a result of the Planned Unit Development shall be either constructed in advance of the approval of the Final Plat or subdivider's bond or approved letters of credit posted to guarantee construction of the required improvements. The subdivider's bond or approved letters of credit, payable to the Village of Gurnee, shall be sufficient to cover the full cost of the improvements plus ten (10) percent. Detailed construction plans shall be submitted for all public facilities to be built.
e. - Construction Plans - Detailed plans shall be submitted for the design, construction, or installation of site amenities; including buildings, landscaping, lakes, and other site improvements.
f. - Construction Schedule - A final construction schedule shall be submitted for that portion of the Planned Unit Development for which approval is being requested.
g. - Guarantee Deposit - A deposit shall be made to the Village in cash, letter of credit approved by the Village Board in a form acceptable to the Village Attorney, or maintenance bond equal to fifteen (15) percent of the estimated cost of public facility installations. The deposit shall be a guarantee of satisfactory performance of the facilities constructed within the Planned Unit Development and shall be held by the Village for a period of eighteen (18) months from the date of acceptance of the facilities by the Village. After such eighteen (18) months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correctly defective facilities.
h. - Delinquent Taxes - A certificate shall be furnished from the appropriate County official that no delinquent taxes exist and that all special assessments constituting a lien on the whole or any part of the property of the Planned Unit Development have been paid.
i. - Covenants - Final agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the Planned Unit Development shall be approved by the Village and recorded at the same time as the Final Planned Unit Development Plat.

 

9.5 - CHANGES IN THE PLANNED UNIT DEVELOPMENT

The Planned Unit Development shall be developed only according to the approved and recorded Final Plat and all supporting data. The recorded Final Plat and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees, and assigns and shall limit and control the use of premises and location of structures in the Planned Unit Development project as set forth therein.

Changes to the recorded Planned Unit Development may be made as follows:

1. - MAJOR CHANGES

 

Changes which alter the concept or intent of the Planned Unit Development including increases in density, changes in the height of buildings, reductions of proposed open space, changes in total bedroom counts of more than five (5) percent, changes in bedroom mixes of more than five (5) percent, changes in the development schedule, changes in road standards, changes in FAR of over .30 up to .35 for R-2 PUD*, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission and reconsideration of a new Preliminary and/or Final Planned Unit Development Plat, or relevannt portion thereof*, and supporting data and following the Preliminary or Final Plat procedure.
(*Amended September 22, 2003, Ord. No. 2003-69)


 

If the major change alters data or evidence submitted during the Conceptual Plan or Preliminary Plan or Preliminary Plat stage, then the resubmission must begin at the Preliminary Plat stage. If only Final Plat evidence or data is altered as a result of the major change, then the resubmission shall begin at the Final Plat stage.


 

If major changes are proposed, a new public hearing shall be required during resubmission of the Preliminary or Final Plat.


 

All changes to the "original" Final Plat shall be recorded with the County Recorder of Deeds as amendments to the Final Plat or reflected in the recording of a new "corrected" Final Plat.


2. - MINOR CHANGES

 

The Village Board may, in accordance with procedures established in their rules, approve minor changes in the Planned Unit Development which do not change the concept or intent of the development. Minor changes shall be any change not defined as a major change and shall include, but not be limited to, changes allowing a FAR up to .30 for R-2 PUD*.
(*Amended September 22, 2003, Ord. No. 2003-69)


 

9.6 - REVOCATION AND EXTENSION


A Planned Unit Development special use shall become null and void and the subject property shall thereupon be rezoned to its most appropriate district classification, as deemed suitable by the Village Board acting upon the recommendation of the Plan Commission, in any case where said Planned Unit Development has:

1. - Received Conceptual Plan approval and where the Preliminary Plat of said Planned Unit Development, or the first phase of the Preliminary Plat if construction is to take place in phases, has not been submitted for approval within two (2) years after the date of approval of said Conceptual Plan:

2. - Received Preliminary Plat approval and where the Final Plat of said Planned Unit Development, or the first phase of the Final Plat if construction is to take place in phases, has not been submitted for approval within one (1) year after the date of approval of said Preliminary Plat; or

3. - Received Final Plat approval and where the construction of said Planned Unit Development, as authorized by the issuance of a building permit, has not begun within (1) year after the date of approval of said Final Plat dealing with such construction.

Further, if construction of a Planned Unit Development falls more than two (2) years behind the building schedule filed with the Final Plat of said Planned Unit Development, the Village Board, acting upon the recommendation of the Plan Commission shall either extend said schedule or initiate action to revoke the Planned Unit Development special use. In doing so, one (1) year extensions in the building schedule filed with the Final Plat of a Planned unit Development may be granted by the Village Board, acting upon the recommendation of the Plan Commission. If the Village Board so stipulates when acting favorably on a Planned Unit Development, the Plan Commission may be delegated the authority of granting such one (1) year extensions in said building schedule of said Planned Unit Development.

 

9.7 - FINDINGS OF FACT

The Plan Commission shall, after the public hearing, set forth to the Village Board the reasons for the recommendation, and said recommendation shall set forth with particularity what respects the proposal would be in the public interest, including but not limited to findings of fact on the following:

1. - In what respects the proposed plan is consistent with the stated purpose of the Planned Unit Development regulations and with the Objectives stated in Section 9.1 herein.

2. - The extent to which the proposed plan meets the standards of the Planned Unit Development regulations as set forth in Section 9.2 herein.

3. - The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, dimension, area, bulk, and use, and the reasons why such departures are deemed to be in the public interest.

4. - The method by which the proposed plan makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light and air, recreation and visual enjoyment.

5. - The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

6. - The desirability of the proposed plan as regards physical development, tax base and economic well-being of the Village.

7. - The conformity with Village objectives.

 

9.8 - CONDITIONS AND GUARANTEES

Prior to the granting of any Planned Unit Development, the Plan Commission may recommend, and the Village Board may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, and other elements of the Planned Unit Development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area and to secure compliance with the standards specified in Article 9, Section 9.2. In all cases in which Planned Unit Developments are granted, the Village Board may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the approval of the Planned Unit Development are being, and will be, complied with.