HomeMy WebLinkAboutOrdinances - MC-96-647 - 02/07/1996 - PUD provisions in zoning ordinanceCITY OF MCHENRY )
PUD TEXT AMENDMENT ) ORDINANCE NO MC-96-647
ZONING FILE NO Z- 395
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
TEXT AMENDMENT THEREON.
Whereas, a written Petition signed by Pamela J. Althoff, City Clerk of the City of McHenry has
been filed with the office of the City Clerk of the City of McHenry, Illinois requesting the granting of
a text amendment under the provisions of the Zoning Ordinance of the City of McHenry, as amended;
and,
Whereas, said Petitioner is requesting a text amendment with regard to the provisions for a
Planned Unit Development (PUD) requirements within the City of McHenry; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on April 25,
1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat
by the Petitioner; and,
Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no
overriding reason for not granting the zoning text amendment as requested.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That a text amendment is hereby granted to the City of McHenry Zoning Ordinance
as follows:
L Delete the following:
1) Page 30: Chapter II, Section C(1), OPTIONAL PRE -FILING CONFERENCE (PUD
ONLY).
2) Page 31: Chapter II, Section C(3)c.
3) Page 34: Chapter II, Section F(3).
4) Pages 37-40 inclusive: Table 1:
a) column titled "PUD Preliminary Plan"
b) column titled "PUD Final Plan"
c) Line item #23
d) Line item #24
e) Line item #25
f) Line item #28
g) Line item #29
h) Line item #30
i) Footnote S
5) Pages 41-44 inclusive: Table 2:
a) Column titled "PUD Preliminary Plan"
b) Line item #8
c) Line item # 11
d) Line item #12
e) Line item #14
f) Line item #15
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g) Line item #17
h) Footnote ***.
6) Page 44: Table 3:
a) Column titled "PUD Preliminary Plan"
b) Column titled "PUD Final Plan"
c) Line item #1
d) Footnote *
7)
Page 95: footnote (f).
8)
Page 116: footnote (d).
9)
Page 145: footnote (d).
10)
Pages 275-283 inclusive:
II. Insert the following:
Chapter XI. PLANNED UNIT DEVELOPMENT.
1) Page 31, Chapter II, Section C(3)c: "Conditional Uses, including Planned Unit
Development Preliminary and Final Plans".
2) Page 34, Chapter II, Section F(3): "Conditional Uses including Planned Unit
Development Preliminary and Final Plans".
3) Page 95, footnote (f): "Subject to the provisions of Section XIV Conditional Uses or
Section XI Planned Unit Developments".
4) Page 116, footnote (d): "Subject to the provisions of Section XIV Conditional Uses or
Section XI Planned Unit Developments".
5) Page 145, footnote (d): "Subject to the provisions of Section XIV Conditional Uses or
Section XI Planned Unit Developments".
6) Page 275-299, Chapter XI, PLANNED UNIT DEVELOPMENTS, as follows:
A. AUTHORITY: The City Council may, in accordance with the procedures and standards set out
in this Section, and by ordinances duly adopted, grant Conditional Use Permits authorizing the
development of planned unit developments in any zoning district.
B. PURPOSE: Planned unit developments are included in this Ordinance as a Conditional Use.
As such, they are authorized for the same general purposes as all other Conditional Uses.
In particular, however, the planned unit development technique is intended to allow for
modification from the substantive requirements based upon procedural protections providing for
detailed review of individual proposals for significant developments. This special regulatory
technique is included in this chapter in recognition of the fact that traditional regulations may
impose inappropriate pre -regulations and rigidities upon the development or redevelopment of
parcels or areas that lend themselves to an individual, planned approach. Through the flexibility
of the planned unit development technique, the City seeks to achieve the following specific
objectives:
1. Creation of a more desirable environment than would be possible through strict
application of other City land use regulations.
2. Promotion of a creative approach to the use of land and related physical facilities
resulting in better design and development, including aesthetic amenities.
3. Preservation and enhancement of desirable site characteristics such as natural topography,
vegetation, and geologic features, and the prevention of soil erosion.
4. Combination and coordination of architectural styles, building forms, and building
relationships.
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5. Provision for the preservation and beneficial use of open space.
6. An increase in the amount of open space over that which would result from the
application of conventional subdivision and zoning regulations.
7. Encouragement of land uses that promote the public health, safety, and general welfare.
C. PARTIES ENTITLED TO SEEK PLANNED DEVELOPMENT APPROVAL. An
application for Conditional Use permit to permit a planned unit development may be filed by the
owner of, or any person having a contractual or beneficial interest in, the subject property.
D. PROCEDURE:
1. CONCEPT PLAN CONSIDERATION.
a. Concept Application. A concept plan application for a Conditional Use permit to provide for
a planned unit development shall be filed with the City Clerk.
b. Referral to City Council. Every properly filed and completed concept application for a
Conditional Use permit to provide for a planned unit development shall, before being processed
in any other manner, be referred to the City Council. All taxing districts which will be impacted
by the implementation of the subject development shall be notified in writing by the city of the
development at least 30 days prior to matter being brought before the City Council. The
completed concept application shall be transmitted to the City Council no less than 30 days prior
to City Council meeting.
c. Action by City Council. The City Council shall review the concept plan application. The
purpose of such review shall be to broadly acquaint the City Council with the applicant's
proposal and to provide the applicant with any views or concerns that members of the Council
may have at a time in the process when positions are still flexible and adjustment is still possible
and prior to the time when the applicant is required to expend the funds necessary to prepare the
complete documentation required for a formal application.
At the meeting at which the concept application is considered, any member of the City Council
may make any comments, suggestions, or recommendations regarding the application deemed
necessary or appropriate by that member; provided, however, that no final or binding action shall
be taken with respect to any concept application. Any views expressed in the course of the
Council's Review of any Concept Plan application shall be deemed to be only advisory and only
the individual views of the member expressing them. Nothing said or done in the course of such
review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the
City Council, or any member of it, to approve or deny any formal application following full
consideration thereof, as required by this chapter. A court reporter shall take a report of the
proceedings of the Concept Plan Presentation before the City Council. A transcript of these
proceedings shall be transmitted to the Zoning Board of Appeals at least thirty days prior to the
Public Hearing regarding the Preliminary Plan.
d. All Applications. Every application submitted pursuant to this chapter shall contain at least
the following information in addition to the information which the City shall request from time
to time:
PUDA
(i). All information required in Table A entitled "Required Contents of Application
Filings for PUD".
(ii). All information required in Table B entitled "Required Contents of Site Plans for
PUD".
(iii). A descriptive and graphic representation of the proposal for which approval
is being sought and of the existing zoning classifications, use and development of the
subject property and property within the general area. The scope and detail of such
description shall be appropriate to the subject matters likely to be affected or impacted
by the approval being sought in the application.
2. PRELIMINARY PLAN.
a. Purpose. The Preliminary Plan is intended to provide the applicant an opportunity to submit
a plan showing the detailed scope, character and nature of the entire
proposed planned unit development. The Preliminary Plan is the basis on which the required
public hearing is held, thus allowing public consideration of the proposed development at the
earliest possible stage. Applicants desiring to utilize the planned unit development process should
recognize that the submittal of a Preliminary Plan will require very detailed information
pertaining to all aspects of development. Although the planned unit development process is
designed to allow the applicant a reasonable level of modification from the rigid requirements
of the applicable zoning district, the Preliminary Plan submittal process does not allow deferral
of detailed plans to a later date.
b. Preliminary Plan Application. Following the review and consideration of the Concept Plan
by the City Council, a formal application for a Preliminary Plan shall be filed with the City
Clerk. Applications for approval of a Preliminary Plan shall be filed no later than 12 months
after Concept Plan presentation unless the City Council waives this 12 month filing requirement.
The Technical Review Committee members (composed of City Staff, Plan Commission Chairman
and consultants designated by the City Administrator, with the City Council notified of meetings
and welcome to attend) shall review the application for Preliminary Plan and shall transmit their
findings to the Zoning Board of Appeals no less than 30 days prior to the Public Hearing. All
taxing districts which will be impacted by the implementation of the subject development shall
be notified by the City in writing of the matter being brought before the Zoning Board of
Appeals.
c. Public Hearing A public hearing shall be set, noticed and conducted by the Zoning Board.
See Chapter II, Filing Procedures, (C)3. Public Hearing Proces.s, for details with regard to the
requirements necessary.
d. Preliminaa Plan Submittal Modifications The City Administrator may grant modifications
to the Preliminary Plan submittal requirements as specified under Section 2(e), for the purpose
of refining the requirements to accommodate the unique characteristics of each development.
All plan submittal modifications granted by the City Administrator shall be subject to approval
by the City Council. The City Administrator shall provide a written statement specifying the
reasons for recommending modifications from the Preliminary Plan submittal requirements.
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e. Preliminary Plan Submittal Requirements, Every Preliminary Plan application submittal shall
contain at least the information required in Table A of this code entitled "Required contents of
Application filing for PUD" and Table B entitled "Required contents of Site Plans for PUD" .
an application for Preliminary Plan approval shall only be considered for the entire area of the
development. Phasing of a Preliminary Plan is prohibited. In addition, the following data and
information is required in written statement:
(i). A general description of the proposed planned unit development, the planning
objectives to be achieved by it, including the rationales and assumption of the applicant.
supporting the proposed planned unit development, and the: market it is intended to serve.
(ii). How the proposed planned unit development is to be designed, arranged, and
operated so as not to adversely affect the development and use of neighboring property
in accordance with applicable regulations of this Zoning Ordinance.
(iii). Statistical data pertaining to property size, density, building height, open space,
number of dwelling units (if any), floor area ratio (non residential only), amount of open
space, and a delineation of any national resources or potential environmental problems.
f. Action by the Zoning Board. Following the conclusion of the public hearing, the Zoning
Board shall transmit to the City Council, its recommendations that the Preliminary Plan either
be approved, subject to modification, or not be approved. No approval shall be recommended
by the Zoning Board unless the applicant shall establish that the Standards for a Conditional Use
Permit have been satisfied in accordance with Section E of this chapter. The recommendation
or decision of the Zoning Board shall be by written report; which may refer to all the evidence
in the record and to the exhibits, plans or specifications, upon which such recommendation or
decision is based; which shall specify the reason or reasons for such recommendation or
decision. Every recommendation shall expressly set forth any limitations or conditions
recommended or imposed by the Zoning Board. In reaching its recommendation or decision on
any such application, the Zoning Board may rely on the personal knowledge of its members, the
Technical Review Committee, on its inspections of the property and on any reports available to
it; provided, however, that the Board shall make its particular knowledge, inspection or report
a matter of record at the public hearing and afford every party reasonable time to respond to it.
g. Report of Zoning Board Proceedings to City Council, The Zoning Board shall submit to
City Council a report of the proceedings of hearing with regard to such matter no less than 30
days prior to City Council hearing date regarding application.
h. Action by City Council. Following the receipt of the recommendation of the Zoning Board,
the City Council shall either deny the application for approval of the Preliminary Plan; shall
remand it back to the Zoning Board for further consideration of specified matter; or shall, by
motion duly passed approving the Preliminary Plan, with or without modifications and conditions
to be accepted by the applicant as a condition of such approval, and refer the matter to the
Zoning Board for processing of the Final Plan in accordance with Section 3 of this chapter.
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The City Council may require that certain elements of the Preliminary Plan, including but not
limited to storm water management infrastructure, public utilities, streets, open spaces, parks
and/or general land use patterns, be established as conditions of the first Final Plan approval,
irrespective of whether the element lies within the first final planned area. These conditions shall
be passed on to the Zoning Board of Appeals and shall be included in the petitioners application
for Final Plan approval before the Zoning Board of Appeals.
A court reporter shall take a report of the proceedings of the Preliminary Plan presentation
before the City Council. Such report shall be mailed to all members of the Zoning Board at least
thirty days prior to Public Hearing for a revised Preliminary, Plan or Final Plan of said
development.
All taxing districts which will be impacted by the implementation of the subject development
shall be notified by the City in writing that the matter is being brought before the City Council.
The approved Preliminary Plan binds the applicant.
i. Review of Preliminary and Final Plat by Plan Commission. `When either a preliminary plat
or final plat of subdivision is required in connection with a planned unit development, such plat
may be submitted as part of the preliminary or final plan approval process. Plats of subdivision
shall be reviewed by the Plan Commission for compliance with the City's Subdivision Control
Ordinance.
j. Compliance with Subdivision Control Ordinance All public improvements within the PUD
shall comply with the minimum requirements of the Subdivision Control Ordinance, unless varied
by the City Council.
3. FINAL PLAN.
a. se. The Final Plan is intended to particularize, refine, and implement the Preliminary
Plan and to serve as a complete, thorough and permanent public record of the planned unit
development and the manner in which it is to be developed.
b. Final Plan Application. Upon approval of the Preliminary Plan, the applicant shall file an
application for Final Plan approval with the City Clerk within 12 months of Preliminary Plan
approval unless the City Council waives this 12 month filing requirement. The application shall
refine, implement and be in substantial conformity with the approved Preliminary Plan. All
applications filed pursuant to this section shall be on forms supplied by the City and shall be filed
in such numbers of duplicate copies as the City Clerk may designate. All plans filed shall be
at a scale sufficient to allow a precise understanding of the content of such plans. The City
Clerk may designate a specific scale and drawing format. All drawings shall be folded to a
convenient size for handling and filing in standard legal file drawers. All taxing districts which
will be impacted by the implementation of the subject development shall be notified in writing
by the City that the matter is being brought before the Zoning Board of Appeals.
c. Public Hearing. A public hearing shall be set, noticed and conducted by the Zoning Board.
See Chapter II, Filing Procedures, (C)3. Public Hearing Process, for details with regard to the
requirements necessary.
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d. Final Plan Submittal Requirements, Every Final Plan application submittal shall contain at
least the information required in Table A of this chapter entitled "Required contents of
Application Filing for PUD" and Table B entitled "Required Contents of Site Plans for PUD".
An application for Final Plan approval may include the entire area included in the approved
Preliminary Plan or one or more phases, stages or units thereof. The following matters must be
addressed and provided in the first phase, stage or unit submitted for Final Plan approval:
(i). All public improvements required or proposed for the entire area of the first phase,
stage or unit.
(ii). All open space required or proposed for the entire area of the first phase, stage or
unit.
(iii). All land dedication required or proposed for the entire area of the first phase, stage
or unit.
(iv). Any elements required by the City Council as outlined in Section 2(h).
e. Action by Zoning Board. Following the filing of an application for approval of a Final Plan,
the Zoning Board shall, with such aid and advice of the Technical Review Committee and
consultants as may be appropriate, review and act on the plan. Such review shall consider:
(i). Whether the Final Plan is in substantial conformity with the approved Preliminary
Plan;
(ii). The merit or lack of merit of any departure of the Final Plan from substantial
conformity with the approved Preliminary Plan;
(iii). Whether the Final Plan complies with any and all conditions imposed by approval
of the Preliminary Plan;
(iv). Whether the Final Plan complies with the provisions of this chapter and all other
applicable federal, state and City codes, ordinances and regulations.
f. Approval Based on Substantial Conformity. If the Zoning Board finds substantial conformity
between the Final Plan and the approved Preliminary Plan and further finds the Final Plan to be
in all other respects complete and in compliance with any and all conditions imposed by approval
of the Preliminary Plan and with the provisions of this zoning ordinance and all other applicable
federal, state, and City codes, ordinances, and regulations, it shall transmit to the City Council
its recommendation, that the Council approve the Final Plan, with or without modifications and
conditions to be accepted by the applicant as a condition of approval.
g. Recommendation of Denial. In any case where the Zoning Board finds that the Final Plan
is not in substantial conformity with the approved Preliminary Plan and does not merit approval,
or in any case where it requires modifications of a plan that are not accepted by the applicant,
the Zoning Board shall transmit the plan to the City Council together with its recommendation
and specific reasons in support of its recommendation, that the Final Plan not be approved.
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h. Action by City Council. Following the receipt of the recommendation of the Zoning Board,
or its failure to act as above provided, the City Council shall take; action in accordance with the
following paragraphs:
(i). Annroval Based on Substantial Conformity. If the Zoning Board has recommended
approval of a Final Plan, the City Council may, unless it specifically rejects one or more
of the findings of the Zoning Board on the basis of expressly stated reasons, approve the
Final Plan by a duly adopted ordinance.
(ii). Approval Notwithstanding Zoning Board Recommendation of Denial If the Zoning
Board has recommended denial of a Final Plan, the City Council may, if it finds that the
Final Plan merits approval and otherwise conforms to the requirements of this Code,
approve the Final Plan by a duly adopted ordinance.
(iii). Approval Subject to Conditions. The approval of any Final Plan may, in addition,
be granted with or without modifications and conditions to be accepted by the applicant
as a condition of approval.
(iv). Referral Back to Zoning Board. In any case, the City Council may refer the Final
Plan back to the Zoning Board for further consideration of specified matters. A court
reporter's transcript of the City Council meeting with regard to this Plan shall be
submitted to the Zoning Board at least thirty days prior to the Public Hearing.
(v). Failure to Act. The failure of the City Council to act within 60 days, or such
further time to which the applicant may agree, shall be deemed to be a decision denying
the Final Plan approval.
All taxing districts which will be impacted by the implementation of the subject development
shall be notified in writing by the City that the matter is being brought before the City Council.
A court reporter shall take a report of the proceedings of the Final Plan Presentation before the
City Council.
i. Recording of Ordinance Approving Final Plan. When an Ordinance approving the Final Plan
is approved, the City Clerk shall cause the Ordinance with the approved Final Plan attached, to
be recorded with the Recorder of Deeds of McHenry County.
j. Limitation on Final Plan Approval. Construction shall commence in accordance with the
approved Final Plan within one year after the approval of such Plan, or within such shorter time
as may be established by the approved development schedule.
Failure to commence construction within such period shall, unless an extension of time shall have
been granted by the City Council automatically render void the Final Plan approval and all
approvals of the planned unit development and all permits based on such approvals.
k. Building and Other Permits. Appropriate officials of the City may, upon, but not before
receiving notice from the City Administrator that the Final Plan has been approved, and upon
proper application by the applicant, issue building and other permits to the applicant for the
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development, constructions, and other work in the area encompassed by the approved Final Plan;
provided, however, that no permit shall be issued unless the appropriate official is first satisfied
that the requirements of any codes or ordinances of the City, in addition to this chapter, that are
applicable to the permit sought, have been satisfied.
Building permits may, however, be withheld at the discretion of the City Administrator or the
City Council at any time it is determined that the development of the planned unit development
is not proceeding in strict compliance with the approved Final Plan.
E. STANDARDS FOR PLANNED UNIT DEVELOPMENTS
1. Approval Criteria. No Conditional Use permit for a planned unit development shall be
recommended or granted pursuant to this chapter unless the applicant shall establish that the
proposed development will meet each of the criteria made applicable to Conditional Use permit
as found in Table 21 of this chapter.
2. Conditions on Conditional Use Permits. The Zoning Board may recommend and the City
Council may impose such conditions and limitations concerning use, construction, character,
location, landscaping, screening, and other matters relating to the purposes and objectives of this
chapter upon the premises designated by a Conditional Use permit as may be necessary or
appropriate to prevent or minimize adverse effects upon other property and improvements in the
vicinity of the subject property or upon public facilities and services. Such conditions shall be
expressly set forth on the ordinance granting the Conditional Use permit. Violation of any such
condition or limitation shall be a violation of this Code and shall constitute grounds for
revocation of the Conditional Use permit.
3. Effect of Issuance of Conditional Use Permit The granting of a Conditional Use permit
shall not authorize the establishment or extension of any use nor the development, construction,
reconstruction, alteration or moving of any building or structure., but shall merely authorize the
preparation, filing, and processing of applications for any permits or approvals that may be
required by the Codes and Ordinances of the City, including but not limited to, a Certificate of
Zoning Compliance, a Building Permit, a Certificate of Occupancy, and subdivision approval.
4. Limitations on Conditional Use Permits Subject to an extension of time granted by the City
Council for Planned Unit Development, no Conditional Use permit shall be valid for a period
longer than one year unless a building permit is issued and construction is actually begun within
that period and is thereafter diligently pursued to completion or unless a Certificate of Occupancy
is issued and a use commenced within that period. A Conditional Use permit shall be deemed
to authorize only the particular use for which it was issued, and such permit shall automatically
expire and cease to be of any force or effect if such use shall, for any reason, be discontinued
for a period of one year or more.
5. Renewal of Conditional Use Permits The City Council may, upon written request, for good
cause shown and at a meeting before the City Council, renew a Conditional Use permit for such
period of time which is deemed appropriate.
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6. Covenants and Restrictions. All covenants, deed restrictions, easements and similar
restrictions to be recorded in connection with the planned unit development shall provide that
they may not be modified, removed or released without the expressed consent of the City
Council and that they may be enforced by the City as well as by future landowners within the
proposed development.
7. Public QVen Space and Contributions Whenever the Official Comprehensive Plan or Official
Map indicates that development of a planned unit development will create a need for land for
public purposes of the City within the proposed planned unit development, the City Council may
require that such area be designated and to the extent such need is specifically and uniquely
attributable to the proposed development, dedicated to the City for such use. In addition, the
City Council may require evidence that all requirements of City Ordinances pertaining to the
dedication of land or the contribution of cash in connection with subdivisions of developments
of land have been met as respects the proposed planned unit development.
a. Amount, Location and Use. The failure of a planned unit development to provide common
open space shall be considered to be an indication that it has not satisfied the objectives for
which such developments may be approved pursuant to this chapter. When common open space
is provided in a planned unit development, the amount and location of such open space shall be
consistent with its intended function as set forth in the application and planned unit development
plans. No such open space shall be used for the construction of any structure or improvement
except such structures and improvements as may be approved in the Final Plan as appropriate
to the intended leisure and recreational uses for which such open space is intended.
b. Preservation. Adequate safeguards, including recorded covenants or dedication of
development rights, shall be provided to prevent the subsequent use of common open space for
any use, structure, improvement or development other than that shown on the approved Final
Plan. The restrictions must be permanent and not for a given period of years and must run with
the land.
c. Ownership and Maintenance. The Final Plan shall include such provisions for the ownership
and maintenance of such open space and improvements as are reasonably necessary to ensure
their continuity, care, conservation, maintenance and operation in accordance with predetermined
standards and to ensure that remedial measures will be available to the City if such open space
or improvements are permitted to deteriorate or are not maintained in a condition consistent with
the best interests of the planned unit development of the City.
d. Property Owners' Association. When the requirements of the preceding Subparagraph are
to be satisfied by the ownership or maintenance of such open space or improvements by a
property owners' association, such association shall meet each of the following standards:
(i). The by-laws and rules of the association and all, declarations, covenants, and
restrictions to be recorded must be approved as part of the detailed plan prior to
becoming effective. Each such document shall provide that it shall not be amended in
any manner that would result in it being in violation of the requirements of this
Subparagraph.
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(ii). The association must be established and all covenants and restrictions recorded prior
to the sale of any property within the area of the planned unit development designated to
have the exclusive use of the proposed open space or improvements.
(iii). The association must be responsible for casualty and liability insurance, taxes, and
the maintenance of the open space and improvements to be deeded to it.
(iv). Membership in the association must be mandatory for each property owner, and any
successive owner, having a right to the use or enjoyment of such open space or
improvements.
(v). Every property having a right to the use or enjoyment of such open space or
improvements must pay its pro rata share of the cost of the association by means of an
assessment to be levied by the association that meets the requirements for becoming a lien
on the property in accordance with the statutes of the State of Illinois.
(vi). The association must have the right to adjust the assessment to meet changed needs.
The membership vote required to authorize such adjustment shall not be fixed at more
than 51 percent of the members voting on the issue.
(vii). The City must be given the right, without any obligation after ten days written
notice to the association, to perform any maintenance or repair work that the association
has neglected to perform, to assess the membership for such work and to have a lien
against the property of any member failing to pay such assessment. For this purpose
alone, the City shall have all the rights and powers, but no obligation of the association
and its governing body under the agreements and declarations creating the association.
9. Landscaping and Perimeter Treatment Any area of a planned unit development not used for
structures or circulation elements shall be landscaped or otherwise improved. The perimeter of
the planned unit development shall be treated so as to ensure compatibility with surrounding uses
by means such as provision of compatible uses and structures; setbacks; screening; or natural or
man-made buffers. Every planned unit development shall provide a perimeter landscaped open
space along each of its boundaries; each such open space shall have a minimum depth equal to
the minimum applicable yard required in the district in which it is located.
10. Utilities. All existing and new utility lines shall be installed underground.
11. i n e:
a. Wall signs shall be part of the architecture concept. Size, color, lettering, location and
arrangement shall be harmonious with the building design and shall be compatible with signs on
adjoining buildings. Signs shall have good proportions.
b. Ground signs shall be designed to be compatible with the architecture of the building. The
same criteria applicable to wall signs shall apply to ground signs.
c. Materials used in signs shall be harmonious with building design and surrounding landscape.
d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant
colors shall be avoided.
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F. CONDITIONS ON PLANNED UNIT DEVELOPMENT APPROVALS. The approval of
either a Preliminary Plan or Final Plan may place conditions the City Council finds necessary
to minimize adverse effects of the proposed planned unit development; or to ensure its
compatibility with surrounding uses and development and its consistency with the general
purposes, goals, and objectives of this chapter, the Subdivision Control Ordinance and the
Official Comprehensive Plan. Such conditions shall be expressly set forth in the ordinance or
motion granting the approval in question. Violation of any such condition or limitation shall be
a violation of this chapter and shall constitute grounds for revocation of all approvals granted for
the planned unit development.
G. INSPECTION DURING DEVELOPMENT,
1. City Inspections. Following approval of the Final Plan of a planned unit development, or
any stage thereof, the City shall, at least annually until the completion of the development,
review all permits issued and construction undertaken and compare actual development with the
approved plans for development and with the approved development schedule.
2. Action by City Administrator. If the City Administrator and/or a member of the City
Council finds that development is not proceeding in accordance with the approved schedule, or
that it fails in any other respect to comply with the Final Plan, the City Administrator and/or
Council member shall immediately notify the City Council of such fact; the City Administrator
may, if necessary to protect the public health, safety or welfare, or to prevent further violation
of this Code and Final Plan, issue an order stopping any and all work on the planned unit
development until such time as any noncompliance is cured.
3. Action by City Council. Upon notification by the City Administrator or Council member
under subsection 2 above, the City Council shall either:
a. Take such steps as it deems necessary to compel compliance with the Final Plan; or
b. Require the owner or applicant to seek an adjustment to the Final Plan as provided in
the following paragraph H "Adjustment to Final Plan During Development".
H. ADJUSTMENTS TO FINAL PLAN DURING DEVELOPMENT
1. Minor Adjustments. During the development of a planned unit development, the City
Administrator may authorize minor adjustments to the Final Plan when such adjustments appear
necessary in light of technical or engineering considerations first discovered during actual
development. Such minor adjustments shall be limited to the following:
a. Altering the location of any one structure or group of structures by not more than 5
feet or one-fourth of the distance shown on the approved Final Plan between such
structure or structures and any other structure or any vehicular circulation element or any
boundary of the planned unit development, whichever is less;
b. Altering the location of any circulation element by not: more than 5 feet or one-fourth
of the distance shown on the approved Final Plan between such circulation element and
any structure, whichever is less;
c. Altering the location of any open space by not more than 20 feet;
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d. Altering any final grade by not more than 1 foot from the originally planned grade;
and
e. Altering the location of landscaping elements.
Such minor adjustments shall be consistent with the intent and purpose of this chapter and the
Final Plan as approved, shall be the minimum necessary to overcome the particular difficulty and
shall not be approved if that would result in a violation of any standard or requirement of this
Zoning Ordinance.
2. Major Adjustments. Any adjustment to the Final Plan not authorized by Paragraph H above
shall be considered to be a major adjustment and shall be granted only upon application to and
approval by, the City Council. The City Council may, by ordinance duly adopted, grant
approval for major adjustment upon finding that any changes in the Final Plan as approved will
be in substantial conformity with said Final Plan. If the City Council determines that a major
adjustment is not in substantial conformity with the Final Plan as approved, then the Council
shall refer the request to the Zoning Board for Public Hearing.
PLAN REVIEW FEES (RETAINED PERSONNEL)
1. Reimbursement Policy. Prior to initiation of any plan review, the applicant must comply
with the requirements of the City's Retained Personnel policy.
Information and application for Retained Personnel escrow deposit are available from the City
Clerk.
PUD/ 14
TABLE 21: APPROVAL CRITERIA FOR CONDITIONAL USE AS A PUD
No Conditional Use permit for a planned unit development shall be recommended or granted pursuant
to this Section unless the applicant shall establish that the proposed development will meet each of the
following criteria:
1 Code and Plan Purposes
The proposed Conditional Use and development will be in harmony with the general and
specific purpose for which this Code was enacted and for which the regulations of the district
in question were established and with the general purpose and intent of the City's Official
Comprehensive Plan.
2. Adverse Impact
The proposed Conditional Use, drainage and development will not have a substantial or undue
adverse effect upon adjacent property, the character of the area or the public health, safety and
welfare.
Interference with Surrounding Development
The proposed Conditional Use and development will be constructed, arranged and operated so
as not to dominate the immediate vicinity or to interfere with the use and development of
neighboring property in accordance with the applicable district regulations.
4. Adequate Public Facilities
The proposed Conditional Use and development will be served adequately by essential public
facilities and services such as streets, public utilities, drainage structures, police and fire
protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately
for such services.
Traffic Congestion
The proposed Conditional Use and development will not cause undue traffic congestion nor draw
significant amounts of traffic through residential streets.
6 Destruction of Significant Features
The proposed Conditional Use and development will not result in the destruction, loss or damage
of natural, scenic or historic features.
7. Compliance with Standards
The proposed Conditional Use and development complies with all additional standards imposed
on it by the particular provision of this Code authorizing such use.
8. Public Benefit
Whether, and to what extent the proposed Conditional Use and development at the particular
location requested is necessary or desirable to provide a service or a facility that is in the interest
of the public convenience or that will contribute to the general welfare of the neighborhood or
community; and
9. Mitigation of Adverse Impacts
Whether, and to what extent, all steps possible have been taken to minimize any adverse effects
of the proposed Conditional Use and development on the immediate vicinity through building
design, site design, landscaping and screening.
PUD/ 15
10. Unified Ownership Required
The entire property proposed for planned unit development treatment shall be in single ownership
or under such unified control as to ensure that the entire property shall be included as joint
applicants on all applications and all approvals shall bind all owners. The violation of any owner
as to any tract shall be deemed a violation as to all owners and all tracts.
11. Minimum Area
The district regulations of this Zoning Ordinance establishing standards for particular types of
planned unit development specify the minimum area required for planned unit development. In
addition to meeting that specific standard, or where no specific standard is set, the applicant shall
have the burden of establishing that the subject property is of sufficient size and shape to be
planned and developed as a unified whole capable of meeting the objectives for which planned
unit developments may be established pursuant to this chapter.
PUD/ 16
TABLE A: REQUIRED CONTENTS OF APPLICATION FILINGS FOR PUD
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
1. The name, address, and phone X
number of the applicant or owner,
name of the development, & date.
2. Legal descriptions of the sub- X
ject property as a whole and of
each phase thereof.
3. The names, addresses and X
phone numbers of any developer
site planner or engineer, and all
professional consultants involved
with the project.
4. The address, location & X
legal description of the subject
property to be affected by the
action requested including a
location map.
5. A description of the action X
requested.
6. A non-refundable filing fee.
(Sec. 17-6 Municipal Code)
7. A Retained Personnel Fee X
deposit. (Sec.17-5 Municipal Code)
8. Descriptions of the present
and proposed uses of the prop-
erty.
9. A complete disclosure of
interest as provided herein.
10. Evidence that the appli-
cant has sufficient control over
the subject property to effectuate
the proposed planned unit development
including a statement of all legal,
beneficial, tenancy & contractual
interests held in or affecting the
subject property, and a recent
commitment for title insurance.
1m
X
X
R.
X
.1-
X
X
X
V.1
M
X
ri
1�
P.
X
94
X
X
X
X
X
PUD/ 17
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
11. A map depicting municipal X X X
and special district boundaries
where adjacent to or within the
subject property.
12. A typewritten list of all X X
owners of record of property
abutting the subject property.
13. The zoning district class- X X X
ifications of the subject property
and all abutting properties.
14. A current plat of survey as X X X
defined herein of the subject
property.
15. Site plan meeting the X X
requirements of Table B
including dimensional drawings
of the proposed development,
including structure, public or
private street and rights -of -way
on or adjacent to the subject
property, the proposed
dimensions and locations of
vehicular & pedestrian circula-
tion & parking elements, public
& private open space, &
residential, commercial, office,
industrial & other land uses, &
the location of & purpose of all
easements.
16. Statement of reasons why X X
applicant believes action requested
conforms to applicable Approval
Criteria in Table 21.
17. RENDERINGS X
Provide architectural renderings
showing substantial design intent
for proposed structures but not
necessarily final design detail.
18. Architectural renderings X
showing final details.
PUD/ 18
19. PHASING
Chronological schedule of expected
beginning & ending dates
for proposed stages of construction
& improvement of all structures;
common or public areas;
circulation ways; parking, loading
& service areas; & utilities.
20. ASSOCIATION & COVENANTS
Organizational details of all
proposed property owners' or
condominium associations. Draft
of any existing or proposed protective
covenants or deed restrictions
governing land use, open space, or
other concerns.
21. Statement & detailed plan of the
proposed treatment of the perimeter of
the proposed planned unit development,
including materials & techniques to
be used.
22. When the proposed planned dev-
elopment, or stage thereof, includes
provision for public or common open
space, a statement describing the pro-
vision made for the dedication or care
& maintenance of such open space.
If it is proposed that such open space
be owned or maintained by an entity
other than a governmental authority,
copies of the proposed articles of
incorporation & by-laws of such entity
dedicated, a draft of the instrument of
dedication shall be submitted.
23. TRAFFIC ANALYSIS
Traffic and Transit Impact Study
including a list of new street
construction and traffic control
improvements necessary to
accommodate the estimated increase
in traffic and traffic -related problems.
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
R.
X
X
11
X
X
91
►94
PUD/ 19
24. SCHOOL CAPACITY
Tax Impact Study indicating the
possible tax consequences of the
proposed development will have on the
City and other taxing jurisdictions.
25. PUD CONSTRUCTION
SCHEDULE
Provide a PUD construction
schedule if a planned unit development is
to be constructed in stages or units
during a period extending beyond a
single construction season.
Provide development schedule for
each and every completion date,
proportion of total public or
common open space to be provided
for each use and with each
development stage.
26. SALES & LEASING
Statement of the applicant's
intent with respect to the ownership,
sale and leasing of the various
completed units, structures,
spaces and areas within the
proposed development.
27. ENGINEERING STUDY
Provide engineering study
showing the location and adequacy
of existing and proposed sanitary
sewer, storm sewer, and water
distribution systems.
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
X X
X X
X X
X X
PUD/20
28. NATURAL RESOURCES
Provide written statement
identifying existing natural &
environmental resources
and features on the subject
property, including its topography,
vegetation, soils, geology,
and scenic view, and the
impact of the proposed planned
development on such resources
and features, including proposals
to preserve or protect such
resources and features.
29. Deeds or easement agreements
conveying ownership interest in any
parcel to any public body.
30. Financial sureties approved
by City to guarantee installations
& improvement of all public
improvements provided on approved
Plan.
31. Provide wetland delineation
as it pertains to the development.
32. Provide floodplain delineation
as it pertains to the development.
33. Any other information the
Zoning Board requires to determine
whether the application conforms to
the requirements of this Ordinance.
34. Statement summarizing all
changes that have been made, or
have occurred, in any document,
plan, data or information prev-
iously submitted, together with a
revised copy of any such document,
plan or data.
35. All certificates, seals, &
signatures required for the dedication
of land & recordation of documents
as directed by Subdivision Control
Ordinance.
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
X
194
X
X
1•4
103
X
X
1.�
F.9
X
X
X
PUD/21
36. Proof from appropriate govern-
mental agencies that all taxes on the
subject property have been paid &
that all special assessments, taxes
or other levies against the subject
property or any part thereof have
been paid in full.
37. SIGN PACKAGE
Provide the following:
Ground Mounted Signs
a. Site Plan containing all property
and street pavement lines.
b. Proposed ingress and egress to
the site including parking areas.
c. Location of existing and proposed
landscaping.
d. Location of buildings.
e. Proposed locations and height of
all proposed signs. Show required
setbacks from property lines.
Wall Signs
a. Elevation of proposed signs
b. All size specifications, including
the size of letters and graphics.
c. Description of sign and frame
materials and colors, including
supports.
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
X X
X
PUD/22
TABLE B: REQUIRED CONTENTS OF SITE PLANS FOR PUD
Provide 25 copies of Site Plan
showing:
1. Scale: as requested by City
2. Numeric & graphic scales,
north arrow, and date of
preparation.
3. Boundaries of the develop
ment and of each phase
thereof.
4. Lot lines and dimensions
and areas of lots.
5. Easements & encroachments.
6. Data indicating for each
development phase:
a. number of dwelling units
broken down by number of
bedrooms.
b. gross and net site area.
c. land area devoted to streets,
off-street parking, off-street
loading, uncovered space,
non -vehicular space, recreation
space, and each housing and
land use type.
7. DRAINAGE
Existing and proposed drainage
patterns, storm water run-off and
detention calculations.
8. EXISTING LANDSCAPING
Existing wooded areas and
isolated trees 3 inches or more
in diameter at breast height
(54 inches above grade).
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
X X
X
X X
X
X X
X X
X X
X X
X X
X X
PUD/23
9. STRUCTURES
Location, type, shape,
dimensions, floor space, orientation,
height in feet, finished grade
elevations at all entrances & corners
& number of stories of all existing
& proposed structures, including
buildings, signs, fences, walls,
screening, bridges, culverts,
exterior lighting fixtures and
entrance features.
10. PARKING, LOADING &
SERVICE
Location, shape, dimensions,
& area of off-street parking and
loading spaces & areas, outside
storage, & refuse disposal &
service areas, including aisles,
curbing, surface type, driveways,
& curb cuts.
I L TOPOGRAPHY
Provide map showing existing
contours at 2-foot intervals &
proposed grading & contours, or
as requested by City.
12. CIRCULATION
Provide existing & proposed
number, location, alignment,
dimensions, design, & construction
standards of all public & private
thoroughfares, sidewalks,
pedestrian & bike paths, railroad
& driveways, & distance of
property lines to nearest existing
intersections.
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
X
►�
X
X
►91
►M
►M
X
PUD/24
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
13. WATER BODIES X X
Provide dimensions & locations
of existing & proposed natural or
artificial bodies of water, flood
plains, marsh areas, drainage
ditches, wet or dry storm water
detention or retention areas, &
any proposed modifications to
existing water courses or water
bodies.
14. SUBSURFACE CONDITIONS X X
Provide data on subsurface
soil, rock, and groundwater
conditions.
15. UTILITIES X X
Provide size, purpose &
location of existing & proposed
public & private utilities, utility
easements, & drainage facilities
on or within 100 feet of the
property. Provide locations
of existing & proposed
hydrants, catch basins, manholes
& valves.
16. PROPOSED LANDSCAPING X X
Provide Landscape Plan
indicating the following:
a. Location, quantity, X X
diameter, installation height,
maturity height, botanic name
& common name, of all
proposed living & non -living
landscaping materials &
existing material to be
preserved.
b. Types & boundaries of X X
proposed ground cover.
c. Location & contours at X X
1-foot intervals of all
proposed berming.
PUD/25
d. Dimensions & appearance
of all sides of proposed
fences, walls, ornamental
lighting, & other landscaping
& screening treatments.
e. Measures to be taken to
protect new and preserved
existing trees during
construction.
PUD PUD PUD
CONCEPT PRELIMINARY FINAL
PLAN PLAN PLAN
X X
X X
PUD PROCESS
RECOMMEND DENIAL
DENY PRELIMINARY PLAN
I DENY FINAL PLAN I ITAKE NO ACTION - 60
FINAL PLAN DENIED DAYS
FIE CONCEPT PLAN WITH CITY CLERK
CIY COUNCIL REVIEW
FIE PRELIMINARY PLAN WITH C'fY
CLERK
REVIEW BY TECHNICAL REVIEW
COMMITTEE
PUBLIC HEARING - ZBA
RECOMMEND APPROVAL
TO CITY CpUNCE- FOR ACTION
APPROVE PRELD-UNARY PLAN
IF SUBDIVIDING LAND, PETITION PLAN
COMMISSION FOR SUBDIVISION REVIEW
SUBMIT APPLICATION FINAL PLAN TO CITY
COUNCIL, IN PART OR WHOLE, FOR ACTION
APPROVE PUD
ADOPT PUD ORDINANCE
APROVE. PUD WITH
CONDITIONS
CITY CLERK TO RECORD ORDINANCE WITH
COUNTY RECORDER
REFER BACK TO IBA
REFER BACK TO IBA
REVISED. Fcbruary 19.1996
PU D/26
Section 2: That the City Council finds that in granting this text amendment, the following findings
have been proved before this body:
A. The proposed text amendment is compatible with the zoning of the City of
McHenry.
B. The trend of development supports the proposed text amendment.
C. The proposed text amendment is consistent with the objectives of the
comprehensive plan of the City.
D. The proposed text amendment furthers public interest.
Section : All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section 4: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section 5: This ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form, as provided by law.
Passed this 7 th day of Fehruart, , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
Approved this nth day of Feb Mary 1996.
MAYOR
ATTEST:
CITY CLERK