The purpose of these planned development regulations is to:

   A.   Provide flexibility in the development of land and in the design of structures.

   B.   Provide flexibility in the location of structures.

   C.   Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this Ordinance.

   D.   Allow the efficient use of land to facilitate a more effective arrangement of uses, buildings, circulation systems, and utilities.

   E.   Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of this Ordinance.

   F.   Encourage the construction of appropriate aesthetic amenities that will enhance the character of the site.

   G.   Ensure construction of quality commensurate with other developments within the community and compatible with the character of the surrounding area and contiguous properties.

   I.   Encourage the adaptive reuse of existing structures and preservation of historic landmarks.

   J.   Encourage preservation of natural areas, aquifer recharge areas, and natural drainage ways.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.1; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   An application for a planned development may be filed by the property owner or other authorized person, as defined in § 16.16.020A. (Authorization), for that property.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   Planned Developments Districts, including Planned Development – Estate District (PD-E), Planned Development – Residential District (PD-R), and Commercial, Office, Research, Light Industrial (CORI) Planned Developments, approved prior to the effective date of this Ordinance remain valid. Such developments shall continue to comply with all requirements and conditions of their initial approval and are considered planned developments under this Ordinance. Any amendments to Planned Development Districts, including Planned Development – Estate Districts (PD-E), Planned Development – Residential Districts (PD-R), and Commercial, Office, Research, Light Industrial (CORI) Planned Developments, approved prior to the effective date of this Ordinance shall follow the procedures of this Ordinance for an amendment to an approved conditional use permit.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.3; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   A planned development is a conditional use in the applicable zoning districts, as indicated in the district use tables. A planned development may be granted in accordance with the procedures and standards of this section, and the conditional use provisions of § 16.20.040 (Conditional Use). Unless an exception to district standards is specifically approved as part of the ordinance granting or amending the planned development, the requirements of the underlying zoning district apply.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   A.   The site of the planned development shall be under common ownership and/or unified control. If there are two (2) or more owners, the application for the planned development shall be jointly filed by all such owners.

   B.   The ordinance authorizing a conditional use permit for a planned development may grant exceptions to the regulations contained in this Ordinance including, but not limited to, use, density, area, bulk, yards, off-street parking and loading, and signs to achieve the objectives of the proposed planned development. Such exceptions shall be consistent with the procedures and standards of this chapter.

   D.   Planned developments shall not adversely affect the natural environment. Natural assets and features, such as existing trees, native vegetation, and natural drainage ways, shall be protected and preserved to the greatest extent practical.

   E.   The site shall be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development shall be adequate to serve the uses within the development. The applicant is responsible for the cost and installation of any additional traffic controls and regulating devices that may be required.

   F.   All planned developments shall provide acceptable design and construction of all utilities, roadways, parking facilities, landscape, and other site improvements, in accordance with the requirements of this Ordinance and other County codes including, but not limited to, McHenry County Stormwater Management Ordinance, McHenry County Public Health Ordinance, and McHenry County Access Control and Right-of-Way Management Ordinance.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.5; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   A.    A planned development is subject to the underlying district regulations unless an exception to the district regulations is granted as part of the planned development approval. Exceptions from district regulations may be granted if such exceptions meet the following standards.

      2.   For use exceptions, the additional uses allowed are aligned with the intent of the planned development, compatible with uses existing or anticipated to occur upon the adjacent sites, and properly screened or buffered from adjacent properties as needed to minimize potential negative impacts.

      3.   The exceptions allow the planned development to preserve unusual topographic or natural features of the land. In addition, the exceptions provide more usable and suitably located open space and natural amenities than would otherwise be provided under the strict application of district standards.

      4.   The exceptions allow the planned development to implement innovative design features that would not be possible by application of the basic district regulations. This includes sustainable development techniques and green architecture, adaptive reuse of existing structures, and cluster development.

      5.   The proposed exceptions, will not adversely affect the future development of adjacent undeveloped areas.

      6.   The proposed exceptions, will continue to provide the same protection as the underlying district regulations in regard to fire, health hazards, and other dangers.

      7.   The proposed exceptions will not adversely affect surface and ground water quality or quantity.

      8.   The planned development provides a public benefit to the County, as described in § 16.28.060B.

   B.   Exceptions to district regulations may be granted when such modifications do not negatively impact surrounding property or the provision of municipal services. To be granted an exception to district regulations within a planned development, the applicant shall demonstrate a substantial benefit to the County. The following amenities are provided as a guide for consideration as to whether to grant an exception to district requirements and are not an exclusive list of requirements. Additional design characteristics and public benefits and amenities not listed below may be considered as part of the approval process.

      1.   Enhanced design characteristics including, but not limited to, mixed-use development, low-impact development, sustainable development, and green architecture.

      2.    Community amenities including, but not limited to, outdoor seating, public art, pedestrian and transit facilities, plazas, and community gardens.

      3.   Preservation of natural areas, sensitive aquifer recharge areas, and natural drainage ways.

      4.   Historic preservation.

      5.   Adaptive reuse.

      6.   Additional active open space and recreational amenities including, but not limited to, recreational open space and playgrounds, dog parks, and natural water features and conservation areas.

      7.   Additional public infrastructure improvements in addition to the minimum required, included, but not limited to, new or repaved streets, provision of bicycle paths, installation of drainage improvements, and traffic control devices to improve traffic flow.

      8.   Affordable housing, senior housing, or accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.6; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   During the establishment and authorization of a planned development the following procedures, requirements, restrictions, and conditions shall be observed. A planned development requires following both the conditional use permit and the site plan review procedures. The approval of a planned development is a four-step process, which includes a pre-application meeting, concept plan, preliminary plan, and final plan.

   Submittal requirements are listed in § 16.28.080 (Submittal Requirements).

      1.   Prior to filing an application for a planned development, the applicant may attend an optional pre-application meeting with the Staff Plat Review Committee to review the application. Completed application forms, as provided by the Department of Planning and Development, and the payment of fees, as required by the County adopted fee ordinance, are required. An applicant may choose to begin at the preliminary plan stage.

      2.   At the pre-application meeting, the applicant shall provide information as to the location of the proposed planned development, the proposed uses, proposed public and private improvements, a list of any known requested exceptions to the district requirements, and any other information necessary to clearly explain the planned development. The purpose of the pre-application meeting is to make advice and assistance available to the applicant before preparation of the concept plan, so that it may be determined:

         a.   Whether the proposed planned development appears to be in general compliance with the provisions of this Ordinance and other applicable regulations.

         b.   Whether any zoning exceptions are required in connection with the proposed planned development.

      3.   Any opinions or advice provided are in no way binding with respect to any official action that may be taken on the subsequent formal application.

      1.   Before submitting a formal application for a planned development, the applicant shall file an application, pay a fee, as required by the County adopted fee ordinance, and present a concept plan for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense.

      2.   Concept plans shall be submitted to the Department of Planning and Development and scheduled for review by the Staff Plat Review Committee.

      3.   The Staff Plat Review Committee will review the concept plan and provide a written report on the concept plan to be forwarded to the Zoning Board of Appeals.

      4.   Following receipt of the Staff Plat Review Committee’s report, the Zoning Board of Appeals will review the concept plan, and provide such information and guidance it deems appropriate. Any opinions or advice provided by the Zoning Board of Appeals is not binding with respect to any official action that may be taken on the subsequent formal application.

      5.   The review of the concept plan is a public meeting. Public comment on the concept plan will be accepted at such meeting.

      1.   All applications for planned developments shall submit an application, fee, and five (5) copies of a preliminary plan to be filed with the Department of Planning and Development, which will forward the copies to the Staff Plat Review Committee to be scheduled for review by the Staff Plat Review Committee.

      2.   The Staff Plat Review Committee will review the preliminary plan and provide a written report on the preliminary plan to be forwarded to the Zoning Board of Appeals.

      3.   Following receipt of the Staff Plat Review Committee’s report, the Zoning Board of Appeals will conduct a public hearing on the preliminary plan and conditional use permit at a public hearing in accordance with § 16.16.040 (Public Hearing), following the procedures for a conditional use permit per § 16.20.040 (Conditional Use). Notice for the public hearing shall be in accordance with § 16.16.030 (Notice).

         a.   In addition to the standards for conditional uses, the Zoning Board of Appeals recommendation shall set forth in what respects the planned development is or is not in the public interest including, but not limited to, findings on the following:

            (1)   The proposed planned development complies with the requirements and standards of this chapter.

            (2)   The site where the planned development is located is adaptable to the proposed development.

            (3)   The proposed planned development will not be detrimental to or endanger the public health, safety, or welfare.

            (4)   The proposed planned development will not be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted.

            (5)   The proposed planned development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

            (6)   If exceptions to the district regulations are requested, the planned development provides public benefits and amenities.

            (7)   There is provision for adequate utilities, stormwater management, off-street parking and loading, and all other necessary facilities.

            (8)   There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets.

            (9)   All portions of the proposed planned development that are not to be used for building sites, parking and loading areas, or access ways, are suitably landscaped.

         b.   The Zoning Board of Appeals shall recommend approval, modified approval, or denial of the preliminary plan and conditional use permit, and forward its recommendation to the County Board.

      4.   The County Board will consider the preliminary plan and conditional use permit within ninety (90) calendar days of the close of the public hearing, following the procedures for a conditional use permit per § 16.20.040 (Conditional Use). The County Board may approve, approve with modifications, or deny the conditional use permit and preliminary plan.

      5.   If the preliminary plan and conditional use permit is approved by the County Board, the applicant may submit a final plan.

      1.   Conformance with Preliminary Plan. The Staff Plat Review Committee will approve the final plan if it is in substantial compliance with the preliminary plan and all County regulations.

         a.   If the Staff Plat Review Committee finds that the final plan is substantially changed from the approved preliminary plan, or is otherwise not in accordance with County regulations, then the Staff Plat Review Committee will deny the final plan. The Staff Plat Review Committee will inform the applicant with regard to specific areas found not to be in compliance, and the applicant may resubmit the final plan with changes to those areas found not to be in compliance.

         b.   Once resubmitted and the Staff Plat Review Committee has determined the final plan to be in substantial compliance with the preliminary plan and with County regulations, the Staff Plat Review Committee will approve the final plan.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.7; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   For each step of the planned development approval process, the following submittals are required.

      1.   A site plan drawn to an appropriate scale and in general form containing:

         a.   Proposed land uses and structures.

         b.   Natural features of the development site.

         c.   Approximate location of all roadways and access drives proposed within the planned development.

         d.   Location of all adjacent public streets, thoroughfares, and public utilities.

      2.   A site location map drawn to an appropriate scale showing the proposed planned development in relation to surrounding streets and property located within six hundred (600) feet in all directions of the development site. The map shall indicate the location, height and land use of all existing structures immediately adjacent to the development site.

      3.   Schematic drawings showing the size, gross square footage, character, and disposition of structures on the site.

      4.   A written statement containing:

         a.   A general explanation of the planned development.

         b.   A statement of the present ownership of all the land within said development.

         c.   A schedule setting forth any proposed exceptions to any district requirements.

         d.   Proposed public amenities and benefits.

      1.   A site plan, drawn to the appropriate scale, showing:

         a.   The location, ground area, height, bulk, and approximate dimensions of all existing and proposed structures within the planned development.

         b.   The proposed land uses for existing and proposed structures.

         c.   The dimensions of all yards and the distance between structures.

         d.   The location and dimensions of all pedestrian walkways, driveways, roads, and parking and loading facilities, including the number of parking spaces serving each use and all parking related screening and landscape.

         e.   A lighting plan for the development.

         f.   The location and dimensions of any areas proposed to be conveyed, dedicated, or reserved for any other public or quasi-public use, including parks, parkways, playgrounds, school sites, or government facilities.

      2.   Proof of ownership.

      3.   A site location map drawn to an appropriate scale showing the proposed planned development in relation to surrounding streets and property located within six hundred (600) feet in all directions of the development site. The map shall indicate the location, height and use of all existing structures immediately adjacent to the development site.

      4.   Typical building elevations and schematic design presentations indicating the general architectural character of all proposed structures. The drawings need not include final architectural designs.

      5.   A traffic circulation plan and traffic impact analysis prepared by a qualified professional based on McHenry County Division of Transportation Permit Procedures and Requirements Manual indicating the proposed movement of vehicles, goods and pedestrians within the planned development, and to and from adjacent streets, and the impact of the proposed planned development upon existing traffic patterns. Such studies shall include an examination of the adequacy of on-site parking facilities, vehicular circulation patterns and pedestrian access and safety.

      6.   A drainage plan prepared by a qualified professional indicating the manner in which drainage will be controlled and managed, consistent with all County regulations and requirements, including but not limited to the McHenry County Stormwater Management Ordinance.

      7.   A utilities study prepared by a qualified professional indicating the adequacy of the utility systems serving the proposed planned development.

      8.   A landscape plan prepared by an Illinois licensed landscape architect indicating the general character of all proposed landscape, screening, and fencing, including all open space areas around structures. The landscape plan need not include final designs.

      9.   A separate schedule setting forth any proposed exceptions to any County regulations and all proposed public benefits and amenities. This schedule shall cite by section number each regulation from which an exception is sought.

      10.   If the proposed planned development requires a subdivision of land, the planned development shall meet all subdivision regulations.

      1.   A final site plan drawn to an appropriate scale on material suitable for recording with the McHenry County Recorder. The final site plan shall include the following information:

         a.   Final designation of the location, ground area, height, bulk, and exact dimensions of all existing and proposed structures within the planned development.

         b.   A detailed tabulation of each use, including land and building areas, and, where applicable, the total number of residential dwelling units and the residential density.

         c.   The land use for existing and proposed structures.

         d.   The dimensions of all setbacks and the distances between all structures.

         e.   The final location and dimensions of all pedestrian walkways, driveways, streets, and parking and loading facilities, including the number of parking spaces serving each use and all parking related screening and landscape.

         f.   The exact location and dimensions of any areas proposed to be conveyed, dedicated, or reserved for any other public or quasi-public use, including parks, parkways, playgrounds, school sites, or government facilities.

      2.   An accurate legal description of the entire lot upon which the planned development is to be located.

      3.   All covenants, easements, agreements, and other provisions required to govern the use, maintenance, and continued protection of the planned development, along with an agreement assuring that the applicant, any subsequent owner, or, where applicable, a homeowners association will be responsible for all street, utility, and common open space maintenance within said development.

      4.   If the proposed planned development requires a subdivision of land, the planned development shall meet all subdivision regulations.

      5.   A detailed landscape plan based on final architectural decisions indicating the specific location and character of all landscape, including the size and species of all trees, shrubs, hedges, and other groundcover, the location, size, and type of all screening and fencing and the location, and the height, design, and illumination characteristics of all lighting within the development.

      6.   A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all drainage and utility facilities required to serve the planned development, and the manner in which drainage will be controlled and managed consistent with all applicable County regulations.

      7.   A development and construction schedule indicating the following:

         a.   The date when construction of the planned development will begin. If developed in phases, the date when construction of each phase will begin.

         b.   The date when construction of the planned development will be completed. If developed in phases, the date when construction of each phase will be completed.

      8.   Building elevations and schematic design presentations indicating the architectural character of all proposed structures including final architectural designs and prepared in detail.

      9.   A sign plan for the planned development.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.8; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

      1.   During construction, minor changes required by engineering or other physical site circumstances not foreseen at the time that the final plan was approved but encountered during construction on site, may be authorized by the Zoning Enforcement Officer. The Zoning Enforcement Officer may not approve any changes that violate the underlying zoning or approved exceptions or any conditions attached to the approved planned development.

      2.   A revised final site plan shall be submitted with changes indicated by mark-up or red-lined exhibit of the plans showing all amendments to the planned development. The revised final site plan will be reviewed and approved by the Zoning Enforcement Officer.

      3.   All changes to the final plan shall be recorded as amendments to the planned development ordinance and a new plan reflecting such changes shall be filed with the Department of Planning and Development noting the date of the changes.

      1.   The County Board may approve minor changes to the approved final plan that are not listed as a major change in § 16.28.090C. (Major Changes). However, the County Board may not approve any changes that violate the underlying zoning or approved exceptions, or any conditions of approval attached to the approved planned development, with the exception of modifications to a planned development’s time or phasing schedule.

      2.   A revised final site plan shall be submitted with minor changes indicated by mark-up or red-lined exhibit of the ordinance and plans showing all amendments to the planned development to the County Board. The County Board will review the revised final site plan, and approve, approve with modifications, or deny the revised final site plan.

      3.   All changes to the final plan shall be recorded as amendments to the planned development ordinance and a new plan reflecting such changes shall be filed with the Department of Planning and Development noting the date of the changes.

      1.   A ten percent (10%) or more increase or twenty-five percent (25%) or more decrease in the approved density.

      2.   A change in building height over the approved maximum heights.

      3.   A significant change in the type, location, and arrangement of uses within the development as shown on the previously approved final plan. A significant change is defined as a change to a land use category, such as residential to commercial uses, single-family dwellings to multifamily dwellings, multifamily dwellings to single-family, and similar land use category changes.

      4.   A change in the boundaries of the planned development.

      5.   A decrease in open space that was included as a public benefit or amenity.

      6.   Any change that violates the underlying zoning or approved exceptions, or any conditions of approval attached to the approved planning development. This does not include modifications to a planned development’s time or phasing schedule, which are considered a minor change.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.9; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   Prior to granting any planned development as a conditional use, the Zoning Board of Appeals may recommend and the County Board may stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned development as deemed necessary to guarantee performance of all conditions.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 7.10; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)