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HomeMy WebLinkAboutOrdinances - MC-05-865 - 02/07/2005 - Zoning Ordinance Create Downtown Overlay DistrictORDINANCE NO. MC-05-865 AN ORDINANCE AMENDING CHAPTER VI OF THE ZONING ORDINANCE OF THE CITY OF MCHENRY WHEREAS, the Mayor and City Council desire to preserve and protect the existing historical character of the downtown area, promote the transformation of the downtown into an even more compact pedestrian, transit -oriented mixed -use area, and promote the downtown area as an economically viable part of the City; and WHEREAS, to accomplish these goals, the Mayor and City Council have determined that it is in the best interest of the health, safety and general welfare of the citizens of McHenry to create a Downtown Overlay District in the City of McHenry Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION I: That Chapter VI, entitled "Office, Industrial, Business Park, Agriculture and Mining Overlay, and Health Care Districts," of the City of McHenry Zoning Ordinance, shall be and hereby is, amended to include a new Section F, consisting of the language in the attached Exhibit A. SECTION 2: All ordinances of parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority ofthe Corporate Authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 7TH DAY OF FEBRUARY 2005 AYES: GLAB, LOW, MURGATROYD, WIMMER,,CONDON. NAYS: BOLGER ABSTAINED: NONE ABSENT: PETERSON APPROVED THIS NTH DAY OF FEBRUARY , 2005 ATTEST: ` 4j-t� W)V4�2�d DEPUTY CITY CLERK 2 EXHiBiT A F. DOWNTOWN OVERLAY DISTRICT 1. PURPOSE AND INTENT The purpose of the Downtown Overlay District (DOD) is to preserve and protect the existing historical character of the downtown area, promote the transformation of the downtown into an even more compact pedestrian, transit -oriented mixed -use area, and promote the downtown area as an economically viable part of the City. The DOD seeks to assist in the growth of existing businesses, enhance the character of their buildings and facades, and provide guidance for those exterior alterations and encourage new infill development. The DOD also seeks to provide a mechanism to complement the development of the City's proposed McHenry Riverwalk. The primary goals of the DOD ordinance are as follows: • Enhance the economic viability of the downtown area and foster reinvestment and economic development; • Promote a pedestrian -oriented 24-hour downtown district; • Encourage, where practical, the adaptive reuse of downtown buildings and structures; • Plan for new commercial, residential and mixed -use infill development that is compatible to the character and function of the downtown; • Encourage the use of appropriate building materials and facades so as to enhance the character and continuity of the downtown areas; • Provide an avenue whereby downtown businesses can benefit and enhance their business from the construction of the McHenry Riverwalk; • Continue to maintain the historical fabric of the downtown area; • Provide a mechanism for additional signage along the McHenry Riverwalk, in the rear of the downtown businesses; • Further the goals of the City of McHenry Downtown Plan and Downtown District Design Guidelines. In order to accomplish these goals, the City recognizes that new development, redevelopment, and building modifications within the boundaries of the DOD is more likely to require relief from strict compliance with Zoning Ordinance requirements. Instead of using the traditional zoning and variance processes to consider this relief, the DOD provides a mechanism, the site plan review process, for allowing flexibility from the Zoning Ordinance requirements. Through the site plan review process, development proposals in the DOD can be reviewed on a more comprehensive level to ensure the goals and objectives of the district are met. 2. OVERLAY BOUNDARIES The DOD boundaries are indicated on the attached map, which shall be made part of this Ordinance by reference. 3. APPLICABILITY The requirements of the DOD are applicable to all parcels falling within the established DOD boundaries. 4. SITE PLAN REVIEW Site plan review shall be applicable to all development, as defined in the Zoning Ordinance, and any other activity requiring a building permit. (a) Administrative Site Plan Review. Administrative site plan review shall be required for all development and other activities requiring a building permit that comply with: 1. The regulations for permitted and conditional uses, bulk requirements such as lot area, width and coverage, required yards, building height, and floor area ratio, as provided in the underlying zoning district in which said property is located; and 2. All other applicable requirements of the Zoning Ordinance, including parking, accessory uses and structures, landscaping, lighting, signage, etc. (b) Expanded Site Plan Review. Any development and any other activity requiring a building permit that is unable to meet any of the requirements of the underlying zoning district or other applicable requirements of the Zoning Ordinance shall be subject to the expanded site plan review procedures. 5. PROCEDURE FOR ADMINISTRATIVE SITE PLAN REVIEW The procedure for administrative site plan review shall be as follows: (a) Application. Applications for administrative site plan review shall be made on forms provided by the City. (b) Required Submittals. The following information shall be submitted with all applications for administrative site plan review: 1. Narrative description of the proposal describing the request and how it meets the purpose, intent, goals, and Criteria for Review of the DOD. 2. Completed building permit application. 3. Recent plat of survey of the subject property, indicating all existing improvements on the site. 4. Two (2) copies of detailed plans of the proposed construction or activity, sign, awning, etc., including but not limited to site plan, elevations, materials, method of construction and landscaping. 5. Any other information deemed necessary by City Staff to perform a complete analysis of the request in accordance with the DOD requirements. All required information shall be submitted to the Community Development Director for processing. The Community Development Director, in his/her sole discretion, may waive the submittal of one or more of the required submittals if it is determined that such information is unnecessary or irrelevant to the review. (c) Administrative Review. Each request for administrative site plan review shall be reviewed independently by City Staff based on conformance with the purpose and intent, goals, and criteria for review of this Chapter. (d) Administrative Decisions. Within twenty-one (21) days after receipt of all required submittals, the Community Development Director shall approve, approve with modifications or deny the request. Approval shall be in the form of issuance of a valid building permit. Denials will be provided to the applicant in letter form explaining the reasons for denial. 2 (e) Apoeals. Any person aggrieved by the decision made by the Community Development Director in conjunction with this Section may file an appeal in accordance with the provisions of Chapter XVM of the Zoning Ordinance. 6. PROCEDURE FOR EXPANDED SITE PLAN REVIEW The procedure for expanded site plan review shall be as follows: (a) Application. Applications for Expanded Site Plan Review shall be made on forms provided by the City. (b) R�q, uired Submittals. The following information shall be submitted with all applications for expanded site plan review: l . Narrative description of the proposal describing the request and how it meets the purpose, intent, goals, and criteria for review of the DOD, and describing all departures from the underlying zoning requirements. 2. A plot plan/site plan depicting setbacks, the relationship of buildings on the site, parking areas, driveways, walkways, landscaping and lighting. 3. Building plans for all proposed buildings. 4. Exterior elevations with material designations and exterior color descriptions, including facade improvements. 5. Plans for all signs, their dimensions, size and location on the property. 6. Recent plat of survey of the subject property, indicating all existing improvements on the site. 7. Any other information deemed necessary by City Staff to perform a complete analysis of the request in accordance with the DOD requirements. All required information shall be submitted to the Community Development Director for processing. (c) Review. All applications for expanded site plan review shall be required to obtain a conditional use permit and shall follow the conditional use permit process in the City's Zoning Ordinance. Each application shall be reviewed by the Planning and Zoning Commission for conformance with the purpose and intent, goals, and criteria for review of this chapter. The Planning and Zoning Commission may require that additional information be provided by an applicant in order to perform a complete analysis of the request in accordance with the DOD requirements. (d) Planning and Zoning Commission Recommendation. Within thirty (30) days after the close of the public hearing, a recommendation to approve, approve with conditions, or deny the application shall be rendered by the Planning and Zoning Commission and forwarded to the City Council for final action. (e) City Council Action. The City Council shall take final action on an application for expanded site plan review at a regularly scheduled meeting. The City Council shall not approve any application unless it finds that the criteria for review in this Chapter have been met. The City Council may make its approval subject to any conditions or restrictions it deems necessary to ensure the viability of the development and its compatibility with the downtown. 7. CRITERIA FOR REVIEW All applications for administrative site plan review and expanded site plan review shall be reviewed for compliance with the following criteria. • Conformance with the City of McHenry Downtown Plan. • Conformance with the City of McHenry Downtown Design Guidelines. • Harmony and compatibility of proposed uses with neighboring properties and structures. • Relationship of the proposed activity to the existing site characteristics, e.g.: topography. • Relationship of the proposed activity to existing vehicular and pedestrian circulation. • Adverse impacts on the health, safety and welfare of the general public. • Harmony and compatibility of proposed materials and colors with neighboring properties and structures. • Inclusion of additional improvements intended to further the goals of the Downtown Plan, e.g.: landscaping, decorative lighting, etc. • Relationship to the McHenry Riverwalk (if applicable). • Benefit associated with the development of the property, related to but not limited to the following: i. Economic benefits to the City. ii. Elimination of blighted conditions. iii. Enhancements to city tax base 4