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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 PUD/2 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. PUD/3 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. PUD/5 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. PU D/6 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. PUD/7 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. PUD/8 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 PUD/9 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. PUD/ 10 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. PUD/ 11 (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. PUD/ 12 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; PUD/ 13 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