HomeMy WebLinkAboutOrdinances - MC-05-866 - 06/06/2005 - Zoning Ordinance creating IDDORDINANCE NO. MC-05-866
AN ORDINANCE AMENDING CHAPTER XI
OF THE ZONING ORDINANCE
OF THE CITY OF MCHENRY
WHEREAS, the Mayor and City Council have determined that creative design,
preservation of natural features, and provision of open space and amenities, all of which will
enhance the quality of life for the City's residents, are essential components of new development;
and
WHEREAS, Chapter ja of the McHenry Zoning Ordinance, "Planned Unit
Developments" is a tool that gives developers the opportunity to incorporate the aforesaid
components into new development; and
WHEREAS, the existing Planned Unit Development language is confusing and requires a
cumbersome and lengthy approval process; and
WHEREAS, 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 amend the Planned Unit
Development Chapter of 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 L That Chapter XI, entitled "Planned Unit Developments" of the City of
McHenry Zoning Ordinance, shall be and hereby is, deleted in its entirety and shall be replaced
with 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hereof are hereby repealed to the extent of such conflict.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 of the Corporate Authorities of the City of McHenry, McHenry County, Illinois.
SECTION 4: This Ordinance shall be in fiill force and effect after its passage, approval,
and publication in pamphlet form as provided by law.
PASSED THIS 6TH DAY OF JUNE 2005
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
APPROVED THIS 6TH DAY OF JUNE , 2005
ATTEST:
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DEPUTY ( CLERK
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EXHIBIT A
XL INTEGRATED DESIGN DISTRICT
A. PURPOSE
The purpose of the Integrated Design District (IDD) is to encourage innovative design in the
development of land by providing relief from rigid zoning and subdivision standards, which are
designed for conventional developments and may inhibit creative land planning. In order to
receive such relief, a development must incorporate innovative design techniques that protect
and enhance the City's natural and man-made resources such as streams and watercourses,
wetlands, native vegetation, groundwater recharge areas, mature tree stands, view sheds,
historical character, and the like. The IDD requires that a site's unique environmental features,
which may be removed or otherwise altered in the course of traditional land development, be
integrated into the overall design of a project, and protected through the use of covenants and
long term maintenance agreements. The IDD also encourages multiple land uses where
appropriate, as part of a unified development strategy to reduce impervious surfaces and reduce
the dependency on the automobile.
Ideally, no two IDD developments will be identical. Through the use of non -conventional design
techniques such as build -to -lines, clustering, land conservation strategies, varied building
placements, boulevards, one-way streets, and alleys, a specific development receives its own use,
lot size, bulk, parking, landscaping and design standards.
B. GENERAL STANDARDS
1. The IDD is intended for properties designated as IDD on the City of McHenry
Comprehensive Future Land Use Map. This does not, however, preclude other
properties within or annexed to the City as being developed under the provisions of
this district.
2. Any property developed under the provisions of this Article XI must adhere to the
purpose and intent of the district, and comply with the criteria for development and
review procedures.
3. Properties to be developed under the provisions of this district shall be under unified
ownership or control.
4. Properties to be developed under the provisions of this district are required to obtain a
Conditional Use Permit and shall follow the Conditional Use Permit process.
5. There is no minimum acreage to develop property under the provisions of this Article
XI.
6. There is no underlying zoning designation associated with properties developed in
accordance with the provisions of this district. IDD will serve as the zoning
designation for the property being developed. Zoning, subdivision and other
development standards for the property shall be set forth in an Ordinance passed by
the City Council, and may vary from the requirements of City ordinances.
7. Each variance or deviation from City ordinances shall be evaluated independently and
based on the benefit(s) associated with the development, related to, but not limited to,
the following: physical condition(s) of the property, proposed variance results in a
cohesive, high quality development, that any reduction(s) from minimum
requirements are onset by sufficiently exceeding other requirements of this ordinance
which result in a greater benefit to the community or future residents of the property
being developed.
Subsequent to approval of an IDD ordinance and associated plan, additional variance
requests are discouraged and the burden will be placed on the applicant to
substantiate a hardship created, in accordance with the variance standards stated
herein.
8. A comprehensive management plan is required to govern the long term management
of natural areas, open areas, placement of accessory structures on lots and other issues
associated with "typical" subdivision covenants, conditions and restrictions of a
property-
C. STANDARDS FOR DEVELOPMENT
In order to receive an IDD designation, a development must incorporate one or more of the
following design techniques:
• Varied housing styles, in a cluster style, with varied elevations, such as but not limited to:
Prairie, Traditional, Italianate, Victorian, row houses;
• Appropriate building materials;
• Development of community centers and traditional town centers;
• Varied lot layouts, including cluster housing design, with side and rear loaded garages;
• Varied house placement on lots;
• Detached garages;
• Build -to -lines;
• Individual lot landscaping plans;
• Neighborhood signage;
• Commercial design guidelines;
• Anti -monotony guidelines;
• Boulevard entrance signage and associated landscaping;
• Landscaping for environmental corridors, dominant with natural prairie plantings;
• Establishment of conservation easements for long-term management over high -quality
natural areas;
• Decorative street lighting;
• Berming and landscaping proposed along major roadways;
• Streetscape enhancements;
• Vegetative swales;
• Pedestrian path system;
• Minimization of impervious surface area;
• Permeable pavement where appropriate;
• Preservation and enhancement of natural features;
• Citywide benefits;
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• Economic benefits; and
• Quality of life benefits, including but not limited to: recreational benefits to community,
enhanced viewsheds, street and pedestrian connectivity to surrounding properties,
preservation of large natural areas etc.
D. CRITERIA FOR DEVELOPMENT REVIEW
The following criteria will be used to evaluate all proposals for development under an IDD. The
Planning and Zoning Commission shall, after the required public hearing, set forth to the City
Council the reason for recommendation and said recommendation shall set forth with
particularity what respects the proposal are in the public interest, promoting the public health,
safety and welfare and including, but not limited to findings of fact based on the following:
1. In what respects is the proposed plan consistent with the City's Comprehensive Plan and
the stated purpose and intent of the IDD regulations?
2. To what extent does the proposed plan depart from the requirements of the City's Zoning
and Subdivision Control and Development Ordinances that are otherwise applicable to
the property, including but not limited to: density, bulk regulations and uses and the
reasons why such departures are deemed to be in the public interest and/or as a result of
the physical topography of the property and other circumstances unique to the property
and not solely in the interest of the developer?
3. To what extent and what accommodations are made for the unique topographical and/or
environmental features of the property, how are they incorporated into the overall
development and design of the property and management plan for the property, while
preserving and maintaining the integrity and character of those features and using them
for the overall benefit of the public?
4. To what extent does the proposed plan provide adequate control for vehicular traffic and
pedestrian circulation, accommodation for and protection of designated open space and
further the amenities of light, air, recreation and visual enjoyment?
5. Does the plan provide appropriate street connectivity and functional connection among
buildings within the development, such as pedestrian connections, that promote the
public interest and enhance the quality of life of persons within the development?
6. Is there a continuity of scale amongst the buildings to promote visual enjoyment, while
maintaining maximum sunlight exposure?
7. The relationship and compatibility of the proposed plan to the adjacent properties.
8. The desirability of the proposed plan with regard to physical development, tax base and
economic well-being of the City.
9. The desirability of the proposed plan with regard to the burden placed on City services
and facilities in relation to the public benefits that will be realized after the development
of the property, including but not Iimited to: sewer, water, fire, police, schools, roads and
making adequate provision for those public services.
10. Is the plan in conformance with existing federal, state and other local regulations?
E. REVIEW PROCEDURE
1. Pre Application Meeting with City Staff.
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(a) Applicant shall meet with City Staff and provide nine (9) copies of a conceptual
sketch of the proposed development, along with an analysis of how the plan meets
the purpose and the standards of the IDD Ordinance. Criteria used for evaluation
of the conceptual sketch are set forth in the Criteria for Development Review
section herein.
(b) City Staff shall review the concept plan and analysis in accordance with the
provisions of this section and City ordinances. Within twenty-one (21) days of
the Pre Application Meeting, City Staff will provide preliminary comments to the
applicant regarding the appropriateness of the development and how the proposed
development scheme meets the purpose of this ordinance, as well as the
development criteria and standards set forth in this ordinance.
(c) The applicant shall revise the plans accordingly to address the comments of City
Staff prior to the scheduling of a Committee of the Whole meeting before the City
Council.
2. Committee of the Whole Meeting.
(a) A meeting with the Committee of the Whole will be scheduled after twenty-five
(25) copies of the following information are submitted to the City:
1. A concept plan of the proposed development depicting the following:
acreage of property, property boundaries and distances, adjacent land uses,
site features, including topography, drainage patterns, proposed street
layout, table listing average lot size, proposed land uses and associated
acreages, density, setback and bulk standards, floor area ratio for
nonresidential land uses, statement of ownership and management of
property.
2. A narrative description of the overall concept of the proposed
development, and a demonstration of the uniqueness of the proposal and
why conventional zoning is not appropriate.
3. A description of all variances to City Ordinances being requested, as well
as justification for each variance requested.
4. A draft development management plan for the property detailing: long
term maintenance and funding of open space and natural areas,
establishment of conservation easements over natural areas, location of
accessory structures, establishment of a community -wide board, etc.
5. Proof of ownership of all property proposed for development.
6. Any other information required by City Staff, including but not limited to
the following: preliminary traffic study, school impact analysis and/or
fiscal impact analysis, including impact on City services and financial
benefits to the City.
A Committee of the Whole meeting will not be scheduled until all required
information is submitted. Required submittals shall be provided to the City at one
time, not in a piecemeal fashion.
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(b) At their meeting, the Committee of the Whole may provide comments, feedback,
suggestions, and other input on the proposed development regarding the
appropriateness of the development and how the proposed development scheme
meets the purpose of this ordinance, as well as the development criteria and
standards set forth in this ordinance.
(c) Within forty-five (45) days after the Committee of the Whole meeting, the
applicant shall either:
1. Formally apply for a public hearing before the Planning and Zoning
Commission on the proposed IDD, or
2. Revise the plans to address the concerns of the City and request a new
Committee of the Whole meeting, following the same process as described
above, or
3. Withdraw the request.
If no action is taken by the applicant within said forty-five (45) day period, a
concept plan shall be considered withdrawn.
3. Application for Public Hearing Before the Planning and Zoning Commission. After
receiving comments by the Committee of the Whole about the IDD concept plan, the
applicant shall apply for a public hearing before the Planning and Zoning Commission,
using the same procedures and notification requirements as for a Conditional Use Permit,
except as modified herein.
(a) Preliminary Plat and Preliminary Engineering. Because the design of an IDD
typically incorporates conservation features and non-traditional engineering
measures to accommodate stormwater management, a preliminary plat and
preliminary engineering plans must be approved by the City before a public
hearing before the Planning and Zoning Commission.
1. Five (5) copies of a preliminary plat and preliminary engineering plans, in
accordance with the City's Subdivision Control and Development
Ordinance and Technical Review Standards, shall be submitted for
technical engineering review.
2. A retained personnel fee of fifteen hundred dollars ($1500) shall be
submitted to cover the review costs of plans and studies, and any other
information necessary to perform a complete analysis of the project, which
may completed by outside consultants.
3. Plans will be reviewed for compliance with the requirements for
preliminary plats and preliminary engineering as set forth in the
Subdivision Control and Development Ordinance and Technical
specifications manual.
4. An analysis of all variances from City ordinances that are being sought
shall be performed, including but not limited to design and layout, lot size,
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layout, block length, configuration, cul-de-sacs, lot widths, etc. (i.e., all of
the conventional subdivision design standards and restrictions).
5. Once all preliminary platting and engineering issues are addressed to the
satisfaction of the City, a public hearing before the Planning and Zoning
Commission will be scheduled.
(b) Public Hearing before the Planning and Zoning Commission. Upon approval of a
preliminary plat and preliminary engineering, a public hearing before the
Planning and Zoning Commission shall be scheduled. Twenty-five (25) copies of
the following documentation shall be submitted within thirty (30) days of
approval of a preliminary plat and preliminary engineering:
1. A narrative description of the overall development, demonstrating the
appropriate purpose and intent of development and how provisions of the
ordinance have been met, including criteria listed in the Criteria for
Development Review section.
2. A preliminary plan including the following information: acreage of
property, adjacent land uses, site features, including topography, drainage
patterns proposed street layout, table listing average lot size, proposed
land uses and associated acreages, density, setbacks, bulk standards, floor
area ratio for nonresidential land uses, and a statement of ownership and
management of property.
3. The preliminary plat of subdivision approved by the City Staff.
4. A description of all variances to City Ordinances being requested, as well
as justification for each variance requested.
5. A draft development management plan for the property detailing: long
term maintenance and funding of open space and natural areas,
establishment of conservation easements over natural areas, location of
accessory structures, establishment of a development -wide board or
association, etc.
6. Any other information required by City Staff, including but not limited to
the following: revised traffic study, school impact analysis and/or fiscal
impact analysis, including impact on City services and financial benefits
to the City, typical building elevations, site landscaping plans, etc.
(c) Findings of Fact. The Planning and Zoning Commission shall hold the public
hearing on the proposed IDD development. The Commission may call any
additional witness and/or receive independent testimony, as it deems necessary,
and may continue said hearing from time to time in order to explore all
outstanding questions and to achieve thorough findings of fact. After the hearing,
the Planning and Zoning Commission shall transmit to the City Council written
findings of fact, based on the Criteria for Development Review set forth in this
ordinance, and recommend to the City Council approval, approval with
modifications or denial of the application.
4. Drafting of IDD Ordinance. If a positive recommendation is made by the Planning and
Zoning Commission, Staff will work with the applicant in formulating a draft IDD
ordinance for the property. Using the existing preliminary plan and plat, as well as the
City's Zoning Ordinance as a guide, an IDD ordinance will be drafted to address all
zoning issues, as well as each variance that is requested. Each IDD ordinance will
reference a specific preliminary plat, management plan for the property, and any other
documents deemed necessary by City Staff or required by the City Council. Also, at this
time, a final comprehensive management plan shall be submitted and approved by Staff
prior to City Council consideration. This plan shall dictate the long term management of
all common areas, funding sources that will be used, items typically listed in covenants,
conditions and restrictions and other items as required by Staff. Staff may consult, at
their discretion and at the applicant's expense, any outside consultant or agency in order
to ensure the establishment of a proper and functional working document for the
development of an IDD property.
If the property is proposed to be annexed to the City, a draft annexation agreement will
also be prepared at this time and a public hearing for said annexation agreement before
the City Council shall be scheduled.
5. City Council Consideration of Preliminary Plan and Plat: After receiving findings of
fact from the Planning and Zoning Commission, the draft IDD Ordinance for the
property, and any other information requested by Staff, the City Council shall review the
proposed IDD ordinance at a regularly scheduled City Council meeting. The Council
will review the proposed IDD ordinance for the property and suggest any modifications
to said ordinance.
6. City Council Consideration (Second Meeting): If, at the first meeting the City Council
votes to send the proposed IDD development forward for an official vote, the City
Council shall approve, approve with modifications or deny the application at a future
regularly scheduled meeting. If the City Council elects to approve the application in any
form, the City Council shall, by ordinance, approve the preliminary plan and plat and
grant the zoning of IDD, in accordance with those standards set forth on the preliminary
plan and plat, comprehensive management plan and IDD Ordinance for the property.
Said ordinance may authorize, in the discretion of the City Council, the submission of
final plans and plats, and the development of the IDD in phases and include such
conditions as the City Council may deem appropriate. No building permit or occupancy
certificate shall be issued until the recording of the final plan and plat for the proposed
IDD or the phase in which the property to which such permit or certificate relates is
located.
7. Final Plan and Plat: Within one (1) year after adoption of the ordinance approving the
IDD, the owner shall submit five (5) copies of final engineering plans, in accordance with
the approved preliminary plan and plat of subdivision, as well as the City's Subdivision
Control and Development Ordinance and Technical Specifications Manual. After which,
the plans will be reviewed for compliance with the City's technical engineering standards
for final development, as set forth in the City of McHenry Subdivision Control and
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Development Ordinance and Technical Specifications Manual. After receiving internal
approval, the final plan and plat shall be transmitted to the City's Planning and Zoning
Commission for review. If the Planning and Zoning Commission deems the plan and plat
to be substantially compliant with the preliminary plan and plat, they shall be approved
and recommended to the City Council for consideration. This recommendation shall be
transmitted in writing to the City Council within thirty (30) days. Upon receipt, the City
Council shall review said final plan and plat and approve said plan and plat with
modifications or deny said plan and plat.
As a condition of approval of any IDD plan and plat, the Planning and Zoning
Commission may recommend and the City Council may stipulate such conditions and
restrictions upon the establishment, location, design, layout, height, density, construction,
maintenance, aesthetics, operation and other elements of the IDD as deemed necessary
for the protection of the public interest, improvement of the development and protection
of the adjacent area. In all cases in which IDD are granted, the City Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions
stipulated in connection therewith are being and will be complied with.
8. Changes and Modifications to Approved Plans: If the final plan and plat are not in
substantial compliance with the approved preliminary plan and plat, the Planning and
Zoning Commission shall not approve said final plan and plat and may require the
submittal of a new application. The City Council may, however, approve variances from
any phasing schedule contained within the ordinance granting the IDD without requiring
a new application.
After the final plan and plat approval, the development of the property shall be in
substantial conformance with the approved final plan and plat and IDD ordinance. No
changes shall be made to the approved final plan, except upon written application to the
appropriate body in accordance with the following procedures: minor changes, dealing
primarily in the location, siting of utilities, location of streets and ways of public access
and in the size and location of open space, shall be reviewed and may be authorized by
the City Administrator as required by engineering or other circumstances not foreseen at
the time that the final plan was approved if they are generally consistent with the purpose
and intent of the final plan.
All changes in land uses, rearrangement of lots, blocks, building tracts and any major
changes in the provision of open space and all other changes in approved final plans must
be made by the City Council. If an amendment to the IDD is required then, an additional
public hearing shall be held at the Planning and Zoning Commission, after which the
amendment and recommendation from the Planning and Zoning Commission shall be
sent to the City Council for review and approval, approval with conditions or denial.
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