Zoning for a property

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15.1 CONCEPT

The Planned Development is a concept, which encourages improved design in the development of land providing relief from rigid zoning district requirements, which are designed for conventional developments but may cause undue hardship or complication for desirable but unconventional developments. In addition to the general purpose of this Ordinance, the purpose of this Section is to establish standards and procedures for Planned Unit Developments in order that the following objectives may be obtained:

1. Provide environmental design in the development of land that would be better than what is possible through the strict application of Ordinance requirements.

2. Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces, and heights of structure in developments conceived as cohesive unified projects.

3. Provision for functional, aesthetic and beneficial use of open space.

4. Preservation of natural features of the site.

5. Provision for a safe and desirable living environment for residential areas characterized by a unified building and site development program.

6. Rational and economic development in relation to public services.

7. Creation of a variety of housing types, within compatible neighborhood arrangements, to provide a greater choice of types of environment and living units.

15.2 PROCEDURE

All Planned Unit Developments shall be processed in five (5) stages leading to approval to record. These stages are: a. Sketch Plan conference; b. Preliminary Plat; c. Special Use Permit; d. Improvement Plans and Specifications and Engineer’s Estimate; and e. Planned Unit Development Plat and Subdivision Bond. All plats are defined in the Subdivision and Plat Ordinance.

1. Sketch Plan Conference

Any owner or representative of the owner of proposed Planned Unit Development shall submit a sketch plan to the Planning Director at the informal sketch plan conference. The following persons shall be notified of the time and place of the sketch plan meeting:

1. Township Highway Commissioner
2. Planning Commission and Village Boards of municipalities within one and one-half (1½) miles of the proposed development.
3. Zoning and Health Departments.

Said director shall also inform the above governmental bodies of the availability of the sketch plan for their review. The owner or representative shall be supplied with pertinent information (by those officials present) regarding compliance with all relevant ordinances and other documents, which may apply. A written report shall be filed containing recommendations by the Planning Director forwarded to the Planning and Zoning Commission, the Zoning Administrator, and the owner and/or agent of the proposal.

The following information shall be available at this conference:

1. General Site Information – Data regarding site conditions, land characteristics, available community facilities and utilities, existing covenants, and other related information.
2. Sketch Plan – A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, buildings, and proposed land subdivisions.

2. Preliminary Plat

Procedure for submission of the Preliminary Plat for a Planned Unit Development shall be identical to the procedure for Preliminary Plat procedure in the Subdivision and Plat Ordinance. However, the special use permit shall be obtained after preliminary plat approval. The tentative approval of the preliminary plat shall be subject to the approval of the Special Use Permit.

3. Special Use Permit

Procedure for application for a Special Use Permit shall be identical to the procedure outlined in Section 14.10 of this Ordinance. However, an approved Preliminary Plat shall be submitted as evidence before the Planning and Zoning Commission at the required public hearing. Standards, practice and procedures that do not meet county regulations shall be listed by the Planning Director, the Chief Subdivision Engineer and Zoning Administrator to be submitted as evidence. Departure from any requirement specified in this Ordinance and regulation is a variance, and shall be granted only upon recommendation of the Planning and Zoning Commission and approval by the County Board. The effective period of validity shall be three (3) years. The process of reversion shall be identical to a reversion for a zoning change as outlined in Section 14.15. A Special Use Permit shall be obtained prior to construction.

4. Improvement Plans and Specifications and Engineer’s Estimate Procedure shall be identical to the procedure outlined in the Subdivision and Plat Ordinance. A Site Development Permit shall be obtained prior to construction.

5. Planned Unit Development Plat and Bond

Procedure for submission of the Planned Unit Development Plat and Bond shall be identical to the procedure outlined in the Subdivision and Plat Ordinance for Final Plats and Subdivision Bonds.

15.3 CHANGES

1. Major Changes

Changes which alter the concept or intent of the Planned Unit Development including changes in density, increases in overall coverage of structures, the use or character of the development, traffic circulation, reductions in off-street parking and loading spaces, changes in the height of buildings (other than changes in roof design), reduction of proposed open space, changes in total bedroom count, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission and reconsideration of new preliminary and supporting data, following the preliminary plat procedure. If major changes are proposed, a new public hearing shall be required for resubmission of the preliminary plat.

2. Minor Changes

The Plat Committee may approve minor changes in the Planned Unit Development which to not change the concept or intent of the development. Minor changes shall be any change not defined as a major change.

15.4 STANDARDS FOR PLATS

Standards and plat fees for plans and plats shall be identical to the standards outlined in the Subdivision and Plat Ordinance provisions. The following shall be submitted as part of the plats:

1. Preliminary Plat:

1. 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, type of dwelling units, location, and height, except for single-family structures proposed to be constructed in compliance with the applicable zoning district structural requirements. A planned unit development must conform to the intent and spirit of the proposals of the General Plan of the County and Municipalities within one and one-half (1½) miles.
2. School Impact Analysis – Provide information on the student count and financial impact on the local school districts.
3. Tax Impact Analysis – Provide information on the taxes to be generated by the proposed project and the cost for the various taxing bodies to provide the necessary services.
4. Traffic Analysis – Provide information on the adequacy of the local transportation and thoroughfare systems to handle anticipated traffic volumes generated by the planned unit development. Also, an analysis should be made of the adequacy of the internal streets, drives, and sidewalks and/or pathways.
5. Need – Provide an economic feasibility study of the proposed development, including information on land utilization and marketing potential.
6. Objectives – A statement of objectives to be achieved by the Planned Unit Development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choice of the developer.
7. Character – Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations and referencing the general benefits that will be accrued by the public as a result of the Planned Unit Development.
8. Ownership – Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the County Recorder of Deeds. The site must be under single ownership and/or unified control at the time of final plat approval.
9. Names – The names and addresses of the persons to whom the notice of the hearing to be held by the Planning and Zoning Commission should be sent to the developer, designer, and the owners of the land immediately adjoining the subject property.
10. Schedule – Provide a Development schedule indicating:

1. Stages 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.
2. Approximate dates for beginning and completion of each stage.
3. If different land use types are to be included within the Planned Unit Development, the schedule must include the mix of uses to be built in each stage.

11. Covenants – Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned unit development.
12. Density – Provide information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each building and dwelling unit type.
13. Density Bonus – To encourage better design and the provision of extra amenities beyond the minimum requirements set by the Subdivision and Plat Ordinance, the following bonuses may be allowed by the County Board:

1. Amenities – The provision of site amenities such as enclosed parking, exceptional landscaping features, recreational facilities, golf courses, tennis buildings, tennis courts, swimming pools, clubhouse buildings, enclosed courtyards, construction of lakes, preservation of architectural and historic sites, may allow the granting of an increase in density of up to five percent (5%).
2. Design Excellence – The provision for a development containing site plans, structures and facilities of superior design, including such items as building style and materials, landscaping design, creating site amenities, preservation of natural site amenities, extraordinary pedestrian circulation system, may allow the granting of an increase in density of up to five percent (5%). The maximum allowable bonus for all considerations shall be ten percent (10%).

14. Non-Residential Use – Provide information on the type and amount of ancillary and non-residential uses, including the amount of common open space, if applicable.
15. Service Facilities – Provide information on all service facilities and off-street parking facilities.

2. Final Plat

1. The Final Plat shall be titled "Planned Unit Development Plat."
2. Common Open Space Documents – All common open space shall be conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development, or retained by the developer with legally binding guarantees, in a form approved by the State's Attorney, verifying that the common open space will be permanently 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 improvements of the common open space.

15.5 DESIGN STANDARDS

1. All provisions of the Subdivision and Plat Ordinance shall be adhered to, unless a waiver is granted by the Plat Committee. In addition, a minimum right-of-way width of fifty (50) feet shall be required.

2. On-site Density Transfer – The density normally permitted in a given portion of the total site may be transferred to another portion of the total site in order to preserve ecologically important areas such as floodplains, areas of unstable soils, aquifers, and major vegetation. The density of the Planned Unit Development is required to precisely correspond with the normal density of the underlying zoning district, and should reflect that district's character through complementary building types and architectural design.

3. Space Between Buildings – The minimum horizontal distance between buildings side-to-side shall be:

1. Ten (10) feet between single-family detached dwellings.
2. Five (5) feet between clustered or "zero-lot line" single-family detached dwellings.
3. Fifteen (15) feet between buildings, other than single-family detached dwellings, less than twenty-four (24) feet in height.
4. Equal to the height of the taller building in the case of freestanding buildings greater than twenty-four (24) feet in height.

The minimum horizontal distance between buildings corner to corner shall be fifteen (15) feet or as determined appropriate by the Plat Committee in reviewing the Preliminary Plat to ensure that all occupants receive a sufficient amount of light and air.

4. 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 underlying zoning district.

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

5. Parking and Loading Facilities – Parking and loading facilities shall be in accordance with County Ordinances and regulations.

6. Traffic – Adequate provision shall be made to provide ingress and egress so designated as to minimize traffic congestion in the public street.

7. Industrial Performance Standards – If industrial uses are included in the Planned Unit Development, industrial performance standards, as specified in the industrial districts herein, shall be adhered to and may not in any instance be waived.

8. 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 provision of exceptional amenities or design excellence.

9. Efficiency Units – Units with less than six hundred fifty (650) square feet of livable floor area (efficiency units) shall be allowed in the R-6 zoning district only. The minimum floor area shall be five hundred (500) square feet for the R-6 zoning district.

10. When required by this Ordinance, screening shall be designed, planted, or constructed and maintained in accordance with the following general guidelines:

1. Basic vegetation type and size standards shall include the following:

1. Parkway or front yard trees, either existing or new, a minimum of one (1) parkway tree per forty (40) feet of frontage is required for all development with a minimum of two (2) trees per lot and a maximum of four (4) trees per lot, acceptable to the Plat Officer. A list of desirable tree and shrub species is contained in the Appendix of the Subdivision Ordinance.
2. There shall be no more than twenty-five percent (25%) of the same species of trees or shrubs provided in a development;
3. Shade trees (canopy) shall have a minimum trunk diameter of not less than two and one-half (2½) inches, measured six (6) inches above the ground and be a minimum of six (6) feet high;
4. Under story and/or Ornamental trees shall have a minimum trunk diameter of not less than two (2) inches, measured six (6) inches above the ground and is a minimum of five (5) feet high;
5. Evergreen and/or Coniferous trees shall be a minimum five (5) feet high;
6. Shrubs: Broadleaf/Deciduous shall be a minimum of three (3) feet high and Needle leaf/Evergreen shall be a minimum of two (2) feet in width;
7. In cases where lots have frontage along both an interior street and another street (double-frontage) or abut a nonresidential use or zoning classification a landscaped earthen berm or fence must be constructed to the following standards:

1. Berms shall be constructed with slopes not to exceed a 1:3 gradient with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. Berm slopes shall be protected with sod, seed, shrubs, or other form of natural ground cover.
2. A detailed "Landscape/berm Plan" shall be submitted to show that adequate vegetative plantings have been provided for, to create a screen.
3. No landscaping shall interfere with sight requirements for safe ingress and egress.

8. All fences constructed shall meet the requirements as found in the Will County Zoning Ordinance, Section 8.5-7 (f).

2. Placement of landscaping shall meet the following conditions:

1. No trees shall be planted in the parkway unless written approval has been received from the appropriate Highway Department. Those trees that are planted in the parkway must be planted to the specifications of the appropriate Highway Department. Where trees are not allowed to be placed in the parkway, trees required by the County must be placed in the front yard of the parcel.
2. All plant material shall be planted in a manner which is not to interfere with overhead wires or be intrusive to utilities or pavement.
3. No trees or other landscaping shall be located closer than ten (10) feet to a fire hydrant or other above ground utilities.
4. No landscaping shall interfere with sight requirements for safe ingress and egress.

3. The following are installation standards to be followed when planting:

1. Plant materials conform to the current American Standards for Nursery Stock, published by the American Association of Nurserymen for that type of tree or shrub at the time of installation.
2. All trees shall be grown in a nursery located in the northern half of the State of Illinois and licensed by the State of Illinois.
3. All plant material shall be installed free of disease and in a manner that ensures the availability of sufficient soil and water to sustain healthy growth.
4. All tags, wires, plastic ties and rope shall be cut from each tree to prevent girdling of the tree. The burlap shall be pulled back from the upper third of the root ball. If a plastic "burlap" is used, it shall be removed in its entirety from the root ball.
5. When planting, the hole shall be dug approximately three (3) times wider than the roots or root ball.
6. All plant material shall be planted with a minimum of depth of three (3) inches of mulched material and a diameter of three (3) feet around the base of the tree.
7. Trees shall be staked with posts and not staked in areas of high wind for one to three years to allow the growth of new roots to stabilize. All ropes shall be covered to prevent cutting into bark.
8. The planting season shall be approximately October 15 to December 1, and March 15 to May 1.
9. Any excess soil, clay, or construction debris shall be removed from the planting site, prior to planting of individual trees at final grade.
10. The County, at its discretion, has the right to retain a professional landscape architect or arborist to review submitted landscape plans and the professional landscape architect or arborist will submit a written report to the Planning and Zoning Commission. All expenses incurred by the County for the use of the landscape architect or arborist shall be reimbursed by the developer.

15.6 CONDITIONS AND GUARANTEES

Prior to the granting of any Planned Unit Development, the Planning and Zoning Commission may recommend, and the County 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 to the protection of the public interest, improvement of the development, protection of the adjacent area, and secure compliance with the standards specified in Section 14.10-6. In all cases in which Planned Unit Developments are granted, the County 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.