HomeMy WebLinkAboutOrdinances - 22-26 - 04/05/2022 - Zoning Text Amendments CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 22-26
ORDINANCE GRANTING VARIOUS TEXT AMENDMENTS TO THE CITY OF
MCHENRY ZONING ORDINANCE
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
April 5, 2022
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 6th day of April 2022.
ORDINANCE NO 22-26
ORDINANCE GRANTING VARIOUS TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING
ORDINANCE
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed by the City of McHenry requesting approval of text
amendments to the City of McHenry Zoning Ordinance; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on March 16, 2022 in the manner prescribed by ordinance and statute, and as a
result of said hearing, the Planning and Zoning Commission did unanimously recommend to the
City Council the granting of the requested text amendments; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the request is consistent with the
objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals,
and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That "Chapter 20: Appendices" of Title 11— Land Use Regulations is hereby
amended to be recodified to "Chapter 21: Appendices".
SECTION 2: That "Chapter 20: Planned Unit Developments" attached hereto as Exhibit
"A", is hereby adopted in its entirety and inserted before "Chapter 21: Appendices in Title 11—
Land Use Regulations".
SECTION 3: That various sections of the Title 11—Land Use Regulations are hereby
amended as follows:
"CHAPTER 3: DEFINITIONS
<insert> Planned Unit Development: A distinct category of conditional use
permit intended to allow flexibility in the application of the standards of this
Ordinance. Planned Unit Developments are intended for significant development
proposals that provide amenities to the community which are not required from
conventional development applications.
11-6-7: One Principal Building Per Lot
Except within Integrated Design Districts, Planned Unit Developments, and the
Health Care District, no more than one principal building or use shall be
permitted on any lot in any zoning district.
11-8D-2: TABLE 2; PERMITTED AND CONDITIONAL USES IN RESIDENTIAL
DISTRICTS:
Group B: Conditional Uses in all Residential Districts:
<insert> Planned Unit Development
11-9-7:TABLE 2; PERMITTED AND CONDITIONAL USES IN COMMERCIAL DISTRICTS
Group B: Conditional Uses in all Commercial Districts:
<insert> Planned Unit Development
11-10G-4: CONDITIONAL USES:
<insert> Planned Unit Development
11-101-1-2: TABLE 2; PERMITTED AND CONDITIONAL USES:
Group B:Conditional Uses in All Office Districts:
<insert> Planned Unit Development
Group D:Additional conditional uses in 0-2 District:
<insert> Planned Unit Development
Group F: Conditional uses in 1-1 Industrial District:
<insert> Planned Unit Development
Group H: Conditional uses in a Business Park District:
<insert> Planned Unit Development
11-4-1:Applicability
H. Planned Unit Development—Preliminary Plans;
I. Planned Unit Development—Final Plans;
11-4-3(C)3: Planning&Zoning Commission Action
Conditional uses, including Integrated Design District preliminary and final
plans, and Planned Unit Development preliminary and final plans
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11-4-3(1)3: City Council Action
In the case of a Conditional Use Permit, Integrated Design District, Planned
Unit Development, or Variance, the Council may make its approval subject to
any conditions or restrictions it finds necessary to assure compatibility with
the vicinity of the subject property. The Council may also set time limits
within which such conditions or restrictions must be complied with."
SECTION 4: That Section 11-4-6B(2)c of Title 11—Land Use Regulations is hereby
amended as follows:
"The written notice shall be delivered in person or by certified mail, return
receipt requested, or made via First Class mail, not more than thirty (30) nor less
than fifteen (15) days prior to the scheduled date of the public hearing."
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 7: 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 5th day of April, 2022.
Ayes Nays Absent Abstain
Alderman Devine x
Alderman Glab x
Alderman Harding x
Alderman Strach x
Alderwoman Miller x
Alderman Santi x
Alderman McClatchey x
Wayne Jett, Nhyor Trisha Ramel, City Clerk
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Exhibit A
Chapter 20: Planned Unit Developments
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Title 11, Chapter 20: Planned Unit Developments
• §11-20-1 Purpose. Planned unit developments are a distinct category of conditional use
permits intended to allow flexibility in the application of the standards of this Ordinance
for significant development proposals that provide amenities to the community beyond
those required of conventional development applications. The planned unit
development process seeks to achieve the following specific purposes:
A. Encourage creativity, flexibility, sustainability, and environmental sensitivity in
the development of land and the design of structures.
B. Provide for the efficient use of land to facilitate a more effective arrangement of
land uses, structures, utilities, circulation systems, parking, and other facilities.
C. Facilitate development that is consistent with City land use policies, particularly
in areas designated for potential redevelopment.
D. Encourage development that preserves and enhances the natural features,
environmental resources, watercourses, and topography of the site.
E. Facilitate the provision of public and private open space, recreational facilities,
and other amenities that will enhance the character of the site.
• 11-20-2 Applicability.
A. Conditional Use Permit Standards. A planned unit development shall be granted
in accordance with the procedures, standards, and requirements of this Section,
Title 11- Chapter 6: District Regulations, and Title 11 - Chapter 5 Conditional
Uses. The Ordinance granting or amending the planned unit development as a
conditional use may depart or deviate from the standards, and requirements of
this Ordinance.
B. Zoning District Exceptions. Planned unit developments are subject to the
regulations of the zoning district in which they are located, unless exceptions
from these regulations are approved by the City Council and found to be in
accordance with §11-20-5 (Standards for Planned Unit Developments).
C. Subdivision Plats and Building Permits. When applied for separately, approval of
a planned unit development is required prior to approval of a subdivision plat in
accordance with Title 12—Chapter 3: Application Requirements, Forms and Fees.
However, a planned unit development and a subdivision plat may be applied for
and approved concurrently as determined by the Zoning Administrator.
D. Existing Integrated Design District Developments Made Lawful. All Integrated
Design District (IDD) Developments approved prior to the adoption of this
ordinance shall be considered Planned Unit Developments and remain lawful.
IDD Developments shall be allowed to be reestablished so long as the
development remains in compliance with the approved IDD Ordinance and
associated plans.
E. Pending Integrated Design District Development Applications. If an application
for an Integrated Design District Development has been applied for prior to the
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effective date of this Ordinance, then said application shall follow the most
applicable planned unit development procedure outlined in §11-20-3
(Procedure) as determined by the Zoning Administrator.
• 11-20-3 Procedure. An application for a planned unit development shall follow a four-
step procedure, which includes a pre-application consultation, an optional concept plan
consultation, a preliminary plan, and a final plan. The applicant may submit concurrent
applications for the preliminary plan and final plan, in which case the preliminary plan
and the final plan shall be comprised of the same document in accordance with §11-20-
3D (Final Plan). Requests for concurrent review of applications for preliminary and final
plan shall be reviewed by the Zoning Administrator who may approve or deny the
request based on the scope of the project.
A. Pre-Application Consultation. The purpose of the pre-application consultation is
to allow the applicant to receive advice and assistance from the Zoning
Administrator and appropriate City staff prior to preparation of the optional
concept plan or preliminary plan.
1) Action by the Zoning Administrator.
a) Prior to filing a formal application for a planned unit
development, the applicant shall arrange a pre-application
consultation with the Zoning Administrator to discuss the
proposed planned unit development.
b) The Zoning Administrator and appropriate City staff shall meet
with the applicant to discuss the proposed planned unit
development and the requirements for a planned unit
development application.
c) The Zoning Administrator shall provide advice and assistance to
the applicant after determining the nature of the exceptions
required from this Ordinance and whether the proposal is
consistent with the intent of the elements of the Comprehensive
Plan and the other land use policies of the City.
d) Any advice and assistance provided by the Zoning Administrator
and City staff shall not be binding upon the City Council or
Planning and Zoning Commission with respect to the formal
planned unit development application.
B. Optional Concept Plan Consultation. The purpose of the optional concept plan
consultation is to allow the applicant to obtain information and guidance from
the Planning and Zoning Commission and City Council prior to preparation of the
preliminary plan.
1) Action by the Planning and Zoning Commission.
a) Prior to filing a formal application for a planned unit
development, the applicant may arrange a concept plan
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consultation with the Planning and Zoning Commission to discuss
the proposed planned unit development.
b) The Planning and Zoning Commission shall meet with the
applicant to discuss the proposed planned unit development and
the requirements for a planned unit development application.
c) The Planning and Zoning Commission shall provide information
and guidance to the applicant after determining the nature of the
exceptions required from this Ordinance and whether the
proposal is consistent with the intent of the elements of the
Comprehensive Plan and the other land use policies of the City.
d) Any views expressed by the Planning and Zoning Commission shall
be deemed to be advisory and only the individual views of the
member expressing them. The views expressed shall not prejudice
any rights of the applicant or obligate the Planning and Zoning
Commission to recommend approval or denial of any formal
application.
2) Action by the City Council.
a) Following a meeting with the Planning and Zoning Commission to
discuss a proposed planned unit development, the applicant may
also arrange a concept plan consultation with the City Council to
discuss the proposed planned unit development.
b) The City Council shall meet with the applicant to discuss the
proposed planned unit development and the requirements for a
planned unit development application.
c) The City Council shall provide information and guidance to the
applicant after determining the nature of the exceptions required
from this Ordinance and whether the proposal is consistent with
the intent of the elements of the Comprehensive Plan and the
other land use policies of the City.
d) Any views expressed by the City Council during concept plan
consultation shall be deemed to be preliminary and only the
individual views of the member expressing them. The views
expressed shall not prejudice any rights of the applicant or
obligate the City Council, or any member of it, to recommend
approval or denial of any formal application.
C. Preliminary Plan. The purpose of the preliminary plan is to allow the applicant to
obtain a preliminary recommendation from the Planning and Zoning Commission
and preliminary approval from the City Council prior to preparation of the final
plan.
1) Action by the Zoning Administrator.
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a) Applications for a preliminary plan for a planned unit
development and a conditional use permit shall be filed
concurrently with the Zoning Administrator in accordance with
Title 11-Chapter 4: Filing Procedures and the requirements for a
planned unit development application. Applications shall not be
filed prior to completion of the pre-application consultation.
b) Upon the Zoning Administrator's determination that the
application is complete, according to applicable requirements and
City policies,the Zoning Administrator shall prepare a report for
the Planning and Zoning Commission based upon the standards of
§11-20-5 (Standards for Planned Unit Developments), §11-15-5
(Approval Criteria for Conditional Use Permits) and schedule the
application for consideration by the Planning and Zoning
Commission.
2) Action by the Planning and Zoning Commission.
a) The Planning and Zoning Commission shall conduct a public
hearing on a proposed preliminary plan for a planned unit
development and a conditional use permit in accordance with
§11-4-3F (Public Hearing) within 60 days after receipt of a
complete application.The 60-day period may be extended with
the written consent of the applicant. Notice for the public hearing
shall be in accordance with §11-4-6 (Public Notice).
b) The Planning and Zoning Commission shall evaluate the
application based upon the Zoning Administrator's report,the
evidence presented at the public hearing, and the standards of
§11-20-5 (Standards for Planned Unit Developments) and §11-15-
5 (Approval Criteria for Conditional Uses).
c) The Planning and Zoning Commission shall recommend approval,
approval with conditions, or denial of the application.
i. In recommending approval of a preliminary plan for a
planned unit development and a conditional use permit,
the Planning and Zoning Commission may recommend
conditions upon the establishment, location, construction,
maintenance, and operation of the planned unit
development and the conditional use as deemed
necessary to protect the public interest.
ii. In recommending approval of a preliminary plan for a
planned unit development and a conditional use permit,
the Planning and Zoning Commission may recommend
guarantees from the permittee as deemed necessary to
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assure compliance with the stipulated conditions of
approval.
d) The Planning and Zoning Commission shall forward its
recommendation to the City Council within 30 days after the close
of the public hearing.
3) Action by the City Council.
a) The City Council shall consider the application within 60 days after
receiving the recommendation of the Planning and Zoning
Commission. The 60-day period may be extended with the written
consent of the applicant.
b) The City Council shall evaluate the application based upon the
Zoning Administrator's report, the recommendation of the
Planning and Zoning Commission,the evidence presented at the
public hearing, and the standards of§11-20-5 (Standards for
Planned Unit Developments) and §11-15-5 (Approval Criteria for
Conditional Uses).
c) The City Council shall take action in the form of approval, approval
with conditions, denial, or referral of the application back to the
Planning and Zoning Commission for further consideration. In
approving a preliminary plan for a planned unit development and
a conditional use permit, the City Council may:
i. Identify conditions upon the establishment, location,
construction, maintenance, and operation of the planned
unit development and the conditional use as deemed
necessary to protect the public interest, to be imposed at
such time as final plan approval of the planned unit
development is granted.
ii. Require guarantees from the permittee as deemed
necessary to assure compliance with the stipulated
conditions.
d) Following approval of a preliminary plan for a planned unit
development and a conditional use permit, the applicant shall be
entitled to submit a final plan for the planned unit development.
D. Final Plan. The purpose of the final plan is to allow the applicant to obtain final
approval of the planned unit development from the City Council.
1) Action by the Zoning Administrator.
a) Applications for a final plan for a planned unit development shall
be filed with the Zoning Administrator in accordance with Title 11-
Chapter 4: Filing Procedures and the requirements for a planned
unit development application. Applications shall be filed within
one year after approval of the preliminary plan.
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b) Upon the Zoning Administrator's determination that the
application is complete, according to applicable requirements and
City policies, the Zoning Administrator shall determine whether
the final plan is in conformance with the approved preliminary
plan and any conditions and guarantees deemed necessary by the
City Council.
c) If the final plan is in substantial conformance with the approved
preliminary plan,the Zoning Administrator shall prepare a report
for the City Council recommending approval of the final plan and
schedule the application for consideration by the City Council.
d) If the final plan is not in substantial conformance with the
approved preliminary plan, the Zoning Administrator shall allow
the applicant to revise any parts of the application that are not in
substantial conformance with the preliminary plan prior to
preparing the report, and shall allow the applicant to resubmit the
application as a final plan in accordance with the requirements of
this Section.
2) Action by the City Council.
a) The City Council shall consider the application within 30 days after
receiving the report of the Zoning Administrator recommending
approval of the final plan. The 30-day period may be extended
with the written consent of the applicant.
b) The City Council shall take action in the form of approval, approval
with conditions, or denial of the application.
c) Upon approval of the final plan by the City Council,the use of land
and the construction or modification of any buildings or structures
on the site will be governed by the approved final plan rather than
by other provisions of this Ordinance.
• 11-20-4 Amendment to Approved Planned Unit Development. A final plan for an
approved planned unit development may be amended in accordance with the
requirements of this Section.
A. Major Amendments. Any change to an approved final plan that substantially
affects the essential design, composition, and character of the planned unit
development shall be considered a major amendment. Any amendment that is
not established as a minor amendment in §11-20-413 (Minor Amendments) shall
also be considered a major amendment. The City Council shall make a decision
on a request for a major amendment after receiving a recommendation from the
Planning and Zoning Commission in accordance with §11-20-3C (Preliminary
Plan).
B. Minor Amendments. Any change to an approved final plan that minimally
affects the essential design, composition, and character of the planned unit
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development shall be considered a minor amendment. The Zoning Administrator
shall make a decision on a request for a minor amendment in accordance with
§11-20-3C (Preliminary Plan). The Zoning Administrator may determine that the
application shall be resubmitted as a major amendment in accordance with §11-
20-4A (Major Amendments). Minor amendments shall include the following:
1) Any change in the proportion of land uses in the development by less
than ten percentage points.
2) Any change in the number of off-street parking spaces provided within
the development by less than 10%.
3) Any change in the gross floor area of the development by less than 10%.
4) Any change in the building height of the development by less than 10%.
5) Any change in the proportion of the lot coverage of the development by
less than ten percentage points.
6) Any change in the location or dimensions of walkways, driveways,
streets, parking facilities, and loading facilities within the development by
less than five feet.
• 11-20-5 Standards for Planned Unit Developments. The City Council, Planning and
Zoning Commission, and Zoning Administrator shall evaluate applications for planned
unit developments with specific written findings based on a balance of both the
standards of this Section and the approval criteria for conditional uses in accordance
with §11-15-5 (Approval Criteria for Conditional Uses).
A. The proposed planned unit development fulfills the objectives of the
Comprehensive Plan, and other land use policies of the City, through an
innovative and creative approach to the development of land.
B. The proposed planned unit development will provide walkways, driveways,
streets, parking facilities, loading facilities, exterior lighting, and traffic control
devices that adequately serve the uses within the development, promote
improved access to public transportation, and provide for safe motor vehicle,
bicycle, and pedestrian traffic to and from the site.
C. The proposed planned unit development will provide landscaping and screening
that enhances the City's character and livability, improves air and water quality,
reduces noise, provides buffers, and facilitates transitions between different
types of uses.
D. The proposed planned unit development will provide site design and
development that is based on sustainable principles to ensure that low impact
alternatives are integrated into the proposed project.
E. The proposed planned unit development will protect the community's natural
environment to the greatest extent practical, including existing natural features,
water courses, trees, and native vegetation.
F. The proposed planned unit development will be provided with underground
installation of utilities when feasible, including electricity, cable, and telephone,
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as well as appropriate facilities for storm sewers, stormwater retention, and
stormwater detention.
• 11-20-6 Provision of Community Amenities. Planned unit developments may be
granted exceptions from zoning district regulations if the applicant demonstrates that
the development will provide amenities to the City that are not required from
conventional development applications. The amenities to be considered by the City
Council, Planning and Zoning Commission, and Zoning Administrator shall be
appropriate for the scale of the planned unit development and may include, but are not
limited to, the following:
A. Establishment of community amenities, such as plazas, gardens, public art
features, outdoor seating areas, pedestrian facilities, and transit facilities.
B. Establishment of open space amenities, such as playing fields, playgrounds,
swimming pools, and fitness facilities.
C. Enhancement of the community's natural environment, including existing natural
features, water courses, trees, and native vegetation.
D. Preservation and enhancement of the community's cultural resources and
historic places.
E. Provision of public infrastructure improvements that exceed the requirements of
the planned unit development, such as enhancements to rights-of-way,
stormwater management systems, and sewer systems.
F. Incorporation of sustainable development techniques, such as meeting the
requirements of LEED or LEED-equivalent rating systems.
G. Provision of residential dwelling units for affordable housing or senior housing.
H. Provision of residential dwelling units with accessible features that exceed the
requirements of the Americans with Disabilities Act.
• 11-20-7 Expiration of Approved Planned Unit Developments.
A. Preliminary Plan Expiration. Preliminary plan approval shall expire and be
revoked if a complete application for the final plan has not been filed within one
year after approval of the preliminary plan by the City Council. The applicant may
extend this one-year period by means of a written request filed with the Zoning
Administrator at least 30 days prior to the expiration of the period, which shall
be approved by the City Council.
B. Final Plan Expiration. Final plan approval shall expire and be revoked if a building
permit has not been filed within one year after approval of the final plan by the
City Council. The applicant may extend this one-year period by means of a
written request filed with the Zoning Administrator at least 30 days prior to the
expiration of the period, which shall be approved by the City Council.
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