HomeMy WebLinkAboutResolutions - R-16-017 - 09/06/2016 - OBJECTION TO ZONING RECLASS @ FLANDERS-RINGWOOD RDR-16-017
A RESOLUTION OBJECTING TO A ZONING RECLASSIFICATION FROM Al
AGRICULTURE AND A1C AGRICULTURE WITH A CONDITIONAL USE PERMIT
TO R-3 MULTI -FAMILY RESIDENTIAL AND A VARIATION TO ALLOW A
MINIMUM LOT FRONTAGE OF 159.91 FEET (175 FEET REQUIRED) WITHIN THE
R-3 MULTIFAMILY DISTRICT AS WELL AS REMOVAL OF THE EXISTING
CONDITIONAL USE PERMIT FOR A PROPERTY LOCATED APPROXIMATELY
1,150 FEET EAST OF FLANDERS ROAD AND RINGWOOD ROAD ON THE SOUTH
SIDE OF FLANDERS ROAD
WHEREAS, the City Council of McHenry received Legal Notice of Public Hearing
92016 in the matter of the application of ERAR INVESTMENTS, LLC, 6211 Hillside, Crystal
Lake, Illinois. ("PROPERTY OWNER"), for an amendment of the Unified Development
Ordinance of McHenry County, Illinois for a Reclassification and Variation ("AMENDMENT
REQUEST") for the property legally described on attached Exhibit "A" ("SUBJECT
PROPERTY");
WHEREAS, the City Council of McHenry considered the "AMENDMENT REQUEST"
at its regularly scheduled meeting on September 6, 2016, at 7:00 PM at the City of McHenry
Municipal Center, 333 S Green Street, McHenry, IL 60050 as it relates to Section 5.1.E.1
Approval Standards for Map Amendments and Section 5.2.17. Approval Standards for Zoning
Variations of the McHenry County Unified Development Ordinance;
WHEREAS, the City Council following consideration of Sections 5.1.E.1. Approval
Standards for Map Amendments and Section 5.21. Approval Standards for Zoning Variations,
finds that the approval of AMENDMENT REQUEST is not consistent with the aforementioned
Sections of the McHenry County Unified Development Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City of McHenry objects to the
AMENDMENT REQUEST proposed on the SUBJECT PROPERTY and incorporates the
following findings of fact as they pertain to the AMENDMENT REQUEST on the SUBJECT
PROPERTY and Sections 5.1.E. and 5.2.F., and directs staff to file this Resolution with the
McHenry County Clerk and mail to the applicant and attorney and comply with all other
procedural requirements outlined in the McHenry County Unified Development Ordinance so
this Resolution is presented to the McHenry County Board when this petition is considered.
5.1.E.1. APPROVAL STANDARDS FOR MAP AMENDMENTS
5.1.E.l.a. The proposed zoning map amendment to R-3 is not compatible with the
existing use and zoning of nearby property. The zoning to the east is Al; to the west is AlC; E2
to the north and R-1 to the south.
5.1.E.l.b. The property values of the subject property will most likely not be diminished
by the existing zoning if utilized to the full extent the current district allows. Currently both
buildings are vacant and dilapidated. Other properties in the area are developed with similarly -
sized sites and topographical challenges.
5.1.E.l.c. The proposed zoning map amendment to R-3 does not further the public
health, safety, and welfare. There are no water and sewer mains in close proximity to the
SUBJECT PROPERTY and no form of public transportation which a proposed density would
necessitate. Additionally, the SUBJECT PROPERTY is not in close enough proximity to a town
center or municipality that has that infrastructure currently in place.
5.1.E.l.d. The proposed zoning map amendment is not congruent as it relates to the gain
to the public compared to the potential hardship imposed upon the applicant if the proposed
zoning is denied.
5.1.E.Le. The property is suitable to current zoning particularly if improved
appropriately.
5.1.E.l.f. There is vacant property to the north and southeast.
5.1.E.l.g. There are other areas of the community where the project, which is proposed
on the SUBJECT PROPERTY, can be met and in closer proximity to the water, sewer and
transportation infrastructure that should be accessible to a development with the proposed R-3
zoning classification as reiterated in the McHenry County Unified Development Ordinance.
5.1.E.l.h. The proposed zoning map amendment is not consistent with the adopted
comprehensive plan or an appropriate use for the SUBJECT PROPERTY and will set a
precedent for the area moving forward, particular with the remainder of the vacant land
immediately adjacent to the SUBJECT PROPERTY. "The intent of the R-3 Multifamily
Residential District is to provide for multifamily residential use in areas where central utilities,
facilities, and services exist. The R-3 District is for areas of higher residential density, located
in close proximity to municipalities or historic town centers where services are available and
more accessible. " (McHenry County Unified Development Ordinance)
5.2.F. APPROVAL STANDARDS FOR ZONING VARIATIONS
5.2.F.1. The existing buildings located on the SUBJECT PROPERTY are proof that the
shape, condition and topography of the site can be dealt with -as they have been in the past.
5.2.F.2. The SUBJECT PROPERTY is part of a bigger site which could be incorporated
into a larger development reducing the need for a variation. Additionally the site was
successfully developed in the past under a different zoning classification.
5.2.F.3. The purpose of the variation is based on a desire to increase the monetary gain
from the SUBJECT PROPERTY.
5.2.F.4. The SUBJECT PROPERTY is part of a bigger site, which could be incorporated
into a larger development reducing the need for a variation. Additionally the site was developed
successfully in the past under a different zoning classification therefore there is no apparent
hardship other than that created by the proposed applicant.
5.2.F.5. The granting of the variation will be detrimental to the public welfare as it is
inconsistent with the existing and trend of development in the immediate vicinity of the
SUBJECT PROPERTY,
5.2.F.6. The proposed variation would increase congestion in the street by allowing a
more dense development than permitted by the underlying zoning district.
5.2.F.7. For all the aforementioned reasons the granting of the variation requested will
confer on the applicant a special privilege and set a precedent for the area moving forward,
particularly with the remainder of the vacant land immediately adjacent to the SUBJECT
PROPERTY.
There are other areas of the community where the proposal on the SUBJECT
PROPERTY would be more suitable and where public facilities, which are required for a
development under the R-3 zoning classification exist including: water, sewer, and proximity to
public transportation, as outlined in the McHenry County Unified Development Ordinance:
Purpose and Intent of the R-3 zoning district: "The intent of the R-3 Multifamily Residential
District is to provide for multifamily residential use in areas where central utilities, facilities,
and services exist. The R-3 District is for areas of higher residential density, located in close
proximity to municipalities or historic town centers where services are available and more
accessible. " (McHenry County Unified Development Ordinance)
PASSED and APPROVED this 6th day of September 2016.
Voting Aye: CURRY, SANTI, CONDON, PETERSON, SCHAEFER, GLAB
Voting Nay: NONE
Abstaining: NONE
Not Voting: NONE
Absent: WIMMER
Mayor
ATTEST:
Exhibit "A"
THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21,
TOWNSHIP 45 NORTH, RANG 8 EAST OF THE THIRD PRINCIPAL. MERIDIAN, DESCRIBED AS
FOLLOWS; COMMENCING AT THE CENTER OF SAID SECTION 21; THENCE SOUTH 00 DEGREES
16 MINUTES fig SECONDS WEST ON AN ASSUMED BEARING ALONG THE WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 21, 33,60 FEET; THENCE NORTH 90 DEGREES fife
MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE OF FLA.NDERS ROAD AS DEDICATED
PER DOCUMENT NO. 87R003995, SAID LINE BEING PARALLEL WITH AND 33.50 FEET SOUTH OF
THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21, 1160.16 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUING NORTH 90 DEGREES 00 MINUTES 00 SECONDS
EAST ALONG THE SOUTH LINE OF SAID FLANDERS ROAD, 159.91 FEET TO THE EAST LINE OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 21; THENCE SOUTH 00
DEGREES fig MINUTES 09 SECONDS WEST ALONG SAID EAST LINE, 379,00 FEET, THENCE
SOUTH 90 DEGREE'S 00 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL WITH AND
412.50 FEET SOUTH OF THE NORTH LIME OF THE SOUTHEAST QUARTER OF SAID SECTION 21,
544.00 FEET; THENCE NORTH 00 DEGREES aft MINUTES 00 SECONDS WEST, 182.50 FEET,
THENCE NORTH 90 DEGREES 00 MINUTES 05 SECONDS EAST, 385.10 FEET- THENCE NORTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, 196.50 FEET To THE POINT OF BEGINNING, IN
MCHENRY COUNT); ILLINOIS.
PART OF PIN #09.21-401-004