This district shall operate as a conditional use and as an alternative
to the permitted uses and regulations applicable to existing districts,
and shall be applicable only to those lands which are hereby and may
hereafter be zoned planned development by the Village Board. Basic
underlying zoning requirements for lands conditionally zoned as a
planned development district shall continue in full force and effect
and shall be solely applicable until such time as the Village Board
grants final approval as hereinafter provided.
The purpose of the Planned Development District and the regulations
applicable to the same are to encourage and provide means for effecting
desirable and quality development by permitting greater flexibility
and design freedom than that permitted under the basic district regulations,
and to accomplish a well-balanced aesthetically satisfying Village
and economically desirable development of building sites with a planned
development district. These regulations are established to permit
latitude in the development of the building site if such development
is found to be in accordance with the purpose, spirit and intent of
this chapter and is found not to be hazardous, harmful, offensive
or otherwise adverse to the environment, property values or the character
of the neighborhood or the health, safety and welfare of the community.
It is intended to permit and encourage diversification, variation
and imagination in the relationship of uses, structures, open spaces
and height of structures for developments conceived and implemented
as comprehensive and cohesive unified projects. It is further intended
to encourage more rational and economic development with relationship
to public services, and to encourage and facilitate preservation of
open space and other natural features, such as woodlands, floodplain
and wetlands.
As used in this article, the following terms shall have the
meanings indicated:
Such zoning regulations as are applicable to the use district
other than the regulations set forth in this article.
A tract of land not divided by public streets or into lots,
excepting for single-family dwelling purposes and which will not be
subdivided, or where the tract of land, if so divided, is in single
ownership or is owned by a condominium group. (The site must be located
on a public street or highway.)[1]
The number of dwelling units permitted per square foot of
land area or number of dwelling units permitted per acre of land area.
The proposal for development of a planned unit development, including a plat of subdivision (if any), all covenants, easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by § 295-116 herein.
The above parcels and any structure or improvements which
are placed upon such parcels (i.e., rest rooms, tennis courts, ball
diamonds, etc.).
A parcel or parcels of land or an area of water, or a combination
thereof, within the site designated for planned development district
and designated and intended for the use or enjoyment of residents
of the planned development.
An area of land, controlled by a single owner, corporation,
or other legal entity which is to be developed as a single unit and
is referred to herein as PUD.
The preliminary drawings described in § 295-114 herein, indicating the proposed manner and/or layout of the PUD to be submitted to the Hobart Planning and Zoning Commission for its recommendation to the Village Board.
Open space kept free of structures or improvements, except
for hiking, horseback riding, bicycle trails, ponds, picnic areas
and nature parks.
A.
Basic zoning uses. The following uses are permitted in a Planned
Development District upon obtaining all necessary approvals required
under the article:
(1)
All
uses permitted under the basic zoning regulations applicable to the
zoning district in which the particular property is located.
(2)
Where a building site is situated in more than one use district,
all uses permitted under the basic zoning regulations of one district
may be extended into the adjacent district, but only under the condition
that the maximum area of such extension shall not exceed an area computed
to be 50% of the smaller of the areas of the portion of the property
located in either district.
(3)
Such additional uses, or mixture of uses, as are recommended
by the Planning and Zoning Commission and approved by the Village
Board.
(4)
Building restrictions. When all necessary approvals required
under this chapter are obtained, the building height, size and floor
area, lot size, setback, side and rear yard, density and open space
requirements under the basic zoning regulations shall not be applicable,
but rather such requirements as are made a part of the approved precise
development plan and the plan itself, shall be construed to be and
shall be enforced as part of this chapter.
A.
Engineering design standards. Normal standards or operational policy regarding right-of-way widths, provision of sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a planned development, but precise standards satisfactory to the Village, pursuant to the criteria as set forth in § 295-111 herein shall be made a part of the approval plan and shall be enforceable as a part of this article.
B.
Approvals. The developer shall develop the site in accordance with
the terms and conditions of development presented to and approved
by the Village Board. Any changes or additions to the original approved
development site, structures, or plans of operation shall require
approval by the Village Board.
C.
Rescinding approval. Failure to comply with the conditions, commitments,
guarantees, or the recommendations established in the approval of
such development project shall be cause for rescinding the approval
of the same. Upon notice given by the Zoning Administrator/Building
Inspector, the developer then shall be required to appear before the
Village Board at its next public meeting, to explain any such failure
to comply. The Village Board at such meeting shall determine whether
or not the developer shall have failed to comply and, if there has
been such a failure, may either:
(1)
Rescind its approval, whereupon such rescission and cessation
of all rights and privileges of the developer and owner, including
the right to complete construction or to construct any building or
other structure or improvement, shall become effective on the 31st
day following mailing by certified mail to the developer at his/her
last known address of written notice of such rescission; or
(2)
Adjourn such discussion at the Village Board meeting for a period not to exceed 65 days to enable the developer to comply; whereupon, if the developer is then in substantial compliance and has then established, to the reasonable satisfaction of the Board, that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there shall be such compliance; but, if the developer is not then in substantial compliance, or does not establish to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Subsection C(1) immediately above.
As a basis for determining the acceptability of a planned development
proposal, the following criteria shall be applied to the development
plan with specific consideration as to whether or not it is consistent
with the spirit and intent of this chapter, has been prepared with
competent professional advice and guidance, and produces significant
benefits in terms of environmental design.
A.
Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall be a visual, aesthetic
and operational character which:
(1)
Is compatible to the physical nature of the site, with particular
concern for preservation of natural features, tree growth and open
space.
(2)
Would produce an attractive environment of sustained aesthetic
and ecologic desirability, economic stability and functional practicality
compatible with the general development plans for the area as established
by the community.
(3)
Would not adversely affect the anticipated provision for school,
sewer, water, snow removal, garbage pickup, fire protection or other
municipal services.
B.
Landscaping of parking areas. The parking site shall be planned to
provide a desirable transition from the streetscape and to provide
for adequate landscaping, pedestrian movement and parking areas. In
keeping with this purpose, the following design standards shall be
set forth:
(1)
Where natural or existing topographic features contribute to
the beauty and utility of a development, consideration shall be given
to this preservation. Modification to topographic features should
only occur where it contributes to good appearance.
(2)
Plan material shall be selected for interest in its structure,
texture, color and for its ultimate growth. Further, it is recommended
that native materials be employed for their ability to tolerate the
prevailing adverse conditions.
(3)
In locations where plant materials will be susceptible to injury
by pedestrians and/or motor vehicles, appropriate curbs, tree guards
or other protective devices shall be employed.
(4)
Parking areas shall be arranged so as to prevent through traffic
to other parking areas.
(5)
Parking areas shall be screened from adjacent structures, road
and traffic arteries with hedges, dense planting, earth berms, changes
in grade or walls, except where parking areas are designed as an intricate
part of the street.
(6)
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping.
(7)
All parking areas shall be adequately lighted. All such lighting
shall be so arranged as to direct the light away from adjoining residences
and public right-of-way.
(8)
All off-street loading and unloading areas shall be paved, and
the design thereof approved by the Planning and Zoning Commission.
(9)
All parking areas and off-street loading and unloading areas
shall be graded and drained so as to dispose of all surface water
without erosion, flooding and other inconveniences.
C.
Engineering design standards. The width of rights-of-way, width and
location of street or other paving, requirements for outdoor lighting,
location of sanitary and storm sewer and water lines and provision
for drainage and other similar environmental engineering considerations
shall be based upon a determination as to the appropriate standards
necessary to insure the public safety and welfare.
D.
Preservation and maintenance of open space. Adequate provision shall
be made for the permanent preservation and maintenance of common "open
space" and right-of-way either by private reservation or dedication
to the public.
(1)
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
Village, as part of the conditions for project approval, an open space
easement over such open areas restricting the areas against any further
building or use, except as is consistent with that of providing landscaped
open space for the aesthetic and recreational satisfaction of the
surrounding residences. Building or uses for noncommercial recreational
or cultural purposes compatible with the open space objective may
be permitted only where specifically authorized as part of the development
plan, or subsequently with the express approval of the Village Board
following the recommendation of building, site and operational plans
by the Planning and Zoning Commission.
(2)
In the case of roadways and other rights-of-way which are not
dedicated to the public as part of the conditions for project approval,
there shall be granted to the Village such easements over the same
as may be necessary to enable the Village to provide suitable and
adequate fire protection, sanitary and storm sewer, water and other
required municipal services to the project area.
(3)
The care and maintenance of such open space reservations and
rights-of-way shall be assured, either by establishment of appropriate
management organization for the project or by agreement with the Village
for establishment of a special service district for the project area,
on the basis of which the Village shall provide the necessary maintenance
service and levy the cost thereof as a special assessment on the tax
bills of properties within the project area. In any case, the Village
shall have the right to carry out and levy an assessment for the cost
of any maintenance which feels necessary if it is not otherwise taken
care of to the satisfaction of Village. The manner of assuring maintenance
and assessing such cost to individual properties shall be determined
prior to the approval of the final project plans and shall be included
in the title to each property.
(4)
Ownership and tax liability of private open space reservations
and rights-of-way shall be established in a manner acceptable to the
Village and made a part of the conditions of the plan approval.
E.
Factors and requirements to be considered by the Planning and Zoning
Commission/Site Review and Village Board.
(1)
Heights of structures.
(2)
Auto parking facilities.
(3)
Screening and fencing.
(4)
Landscaping.
(5)
Setbacks.
(6)
Open space reservations.
(7)
The site itself as it relates to neighborhood environment, compatibility
to existing neighborhood use, and general neighborhood characteristics.
(8)
Nature and use of the proposed structures and design, architecture
and materials to be used. The Planning and Zoning Commission may require
a dimensional rendering, video tape or a scale model.
(9)
Highway access to the site, number of openings and location
of same.
(10)
Traffic generation, number of vehicles parked and rate of turnover
per hour.
(12)
Capacities required for sewer, water and other necessary utilities.
(13)
Educational capacity capabilities (number of families and school
load).
(14)
Economic impact on the Village, its inducements, attractions
and detractions.
(15)
Lighting.
(16)
Proposed methods and hours of operation.
(17)
Comparison of open space as required by the underlying basic
zones with that of proposed project.
(18)
Operational control.
(19)
Commencement and completion dates.
(20)
Highway dedication.
(21)
Deed restrictions and sureties deemed necessary to protect the
health, safety and welfare of the community.
(22)
Such other limitations, conditions, or special requirements,
as may be deemed necessary to protect the health, safety and welfare
of the Village.
F.
Implementation schedule. The proponents of a planned development
shall submit a reasonable schedule for the implementation of the development
to the satisfaction of the Planning and Zoning Commission and the
Village Board, including suitable provisions (and the Village may
require the furnishing of a suitable and sufficient performance bond)
for assurance that each phase could and should be brought to completion
in a manner which shall not result in adverse effect upon the community
as a result of termination at the end of any phase.
Prior to filing of an application for a PUD, the applicant of
the proposed PUD is encouraged to arrange a conference with the Village.
The primary purpose of the conference shall be to provide the applicant
with an opportunity to gather information and obtain guidance as to
the general suitability of the proposal for the area for which it
is proposed and its conformity to the provisions of this chapter before
incurring substantial expense in the preparation of plans, surveys
and other data.
The procedure for approval of a planned development project
shall consist of two phases:
A.
Notice and fee. A person desiring to develop a particular site as a planned development project shall apply to the Zoning Administrator/Building Inspector on such forms as shall be provided by the Village and shall pay a fee as determined by the Village Board, which shall accompany such written application. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers and a description of the development site. Appropriate supporting documents and maps, as required in Subsection D herein, shall be filed with the application.
B.
Notice to Commission. The Zoning Administrator/Building Inspector
shall inform the Planning and Zoning Commission of such desire and
shall secure a date for a preliminary discussion between the developer
and the Planning and Zoning Commission and shall notify such developer
of such date.
C.
Commission recommendations. The Planning and Zoning Commission, after
such preliminary discussions and such further discussions as may be
required with the developer, shall report in writing such proposed
project development to the Village Board, together with its recommendation
for either approval or disapproval of the same. Such report and recommendation
of the Commission shall be made to the Village Board no later than
four months from the date of the filing of the application with the
Zoning Administrator/Building Inspector and receipt of any required
supportive information by the Planning and Zoning Commission. A recommendation
of approval by the Commission shall in no way be binding on the Village
Board. The Village Board shall either approve or disapprove the proposed
development project, without modification within 60 days receipt of
the Planning and Zoning Commission recommendation. Any such approval
shall be a preliminary approval only and shall not bind the Village
Board regarding final approval.
D.
Information required. The following information shall be provided
by the applicant in adequate detail to satisfy the Committee for its
recommendation regarding preliminary approval.
(1)
A statement describing the general character of the intended
development.
(2)
An accurate map of the project area drawn at a scale no less
than one inch equals 200 feet, showing the nature, use and character
of abutting properties prepared by a registered surveyor.
(3)
Four copies of a general development plan of the proposed project drawn at a scale no less than one inch equals 200 feet, showing the following information in sufficient detail to make possible the evaluation of the criteria for approval set forth in § 295-112A, B, C, D and F of this article:
(a)
Tract boundaries and a statement of the total acreage of the
tract;
(b)
Significant physical features within the tract, including existing
two-foot contours, watercourses, drainage, ponds, lakes, wetlands,
floodplain, floodways and proposed major changes in those features;
(c)
Zoning district(s) on and within 400 feet adjacent to the proposed
project;
(d)
Property line (if any) within the proposed project;
(e)
All contemplated land uses within the tract;
(f)
An indicator of the contemplated intensity of use; i.e., gross
density in residential development; number of prospective tenants
in office, commercial and industrial development or recreational development;
(g)
Number and type of dwelling units;
(h)
Existing buildings that may affect future development and proposed
location of all principal structures and associated parking areas;
(i)
Proposed lot coverage of buildings and structures;
(j)
Proposed circulation systems (pedestrian, bicycle, auto, mass
transit) by type, how they relate to the existing network outside
this site;
(k)
Existing rights-of-way and easements which may affect the PUD
project;
(l)
In the case of plans which call for development in stages, a
map at an appropriate scale showing the successive stages;
(m)
The location of sanitary and storm sewer lines, water mains,
fire hydrants and lighting;
(n)
The location of recreational and open space areas and areas
reserved or dedicated for public uses, such as schools, park, etc.;
(o)
Description of proposed system for drainage;
(p)
General landscape treatment.
(5)
Architectural drawings and sketches illustrating the design
and character of proposed structures. Architectural drawing may include
a dimensional rendering, video tape, or scale model.
(6)
General outline of intended organization structure related to
property owner's association, deed restrictions and private provision
of common services, if any.
(7)
Economic feasibility and impact report may be required by the
Planning and Zoning Commission to provide satisfactory evidence of
the project's economic feasibility, of prosperity of the Village or
the values of surrounding properties.
The recommendation of the Planning and Zoning Commission and
the preliminary approval of the Village Board shall be based on and
include as conditions thereto the building, site and operational plans
for the development as approved, as well as all other commitments
offered or required with regard to project value, character or other
factors pertinent to an assurance that the proposed development will
be carried out basically as presented in the approved plans. Detailed
construction time and the approval of such preliminary plan shall
be conditioned upon the subsequent submittal and approval of more
specific and detailed plans. Any subsequent change or addition to
the plans or use shall be submitted to the Village Board relating
to an amendment of the preliminary approval. If the change is determined
by the Village Board to be a major change, it will be referred first
to the Planning and Zoning Commission.
A.
Petition for final approval. When the Village Board has issued its
preliminary approval of the proposed plan, then the developer may
file with the Village Clerk-Treasurer a petition executed by the owner
of the property to be developed, or his/her agent, for the final approval,
stating that he seeks to develop such property under the provisions
of this article. Such petition shall include:
(1)
The names, mailing addresses and telephone numbers of any additional
owners and developers of the development site, and the names of owners
and developers listed on the application who no longer have an interest
in the project, in the event there has been a change in owners or
developers since the date of the application.
(2)
An accurate topographical map showing topographical data at
two-foot intervals and extending within 100 feet of the exterior boundaries
of the site, showing all public rights-of-way and all buildings accurately
located within 100 feet of the exterior boundaries of such site. Such
map shall contain all available utilities, including drainage and
the capacities thereof and high-water elevations along rivers.
(3)
A plot plan at a scale of one inch equals 200 feet showing the
location, type and size of every proposed structure and its proposed
use; also driveways, driveway access roads, parking facilities, lighting,
appliances, recreation areas, loading docks, open spaces, screening,
fencing, and landscaped areas and utility easements.
(4)
A statistical table showing the size of the site in square feet,
the acreage (exclusive of public streets), proposed population densities
and open area (both in square feet and as a percentage of the project
area).
(5)
Architectural drawings of all buildings and structures and sketches
showing the design characteristics and treatment of exterior elevations
and typical floor plans of proposed structures. The Planning and Zoning
Commission may require a dimensional rendering, video tape, or scale
model.
(6)
A table showing the approximate costs of structures.
(7)
A statement showing the starting and completion dates of the
project.
(8)
Any other pertinent data, statements, drawings or plans which
may be required by the Planning and Zoning Commission or the Village
Board.
(9)
The following additional information for commercial and industrial
developments:
B.
Approval of the preliminary development plan shall entitle the developer
to final approval if the final development plan is submitted within
12 months of the date of approval of the preliminary plan and conforms
to such layout and conditions of the approved preliminary plan and
required final approval information. The Planning and Zoning Commission
shall make a recommendation to the Village Board within 60 days of
the submittal of a final plan. The Village Board then shall have an
additional 60 days after receipt of the Planning and Zoning Commission
recommendation in which to make a decision.
