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HomeMy WebLinkAboutOrdinances - 20-9 - 03/02/2020 - Zoning Map Amendment - 3816 W Bull Valley Road CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-9 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL FROM RS-1A,A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE, AND A USE VARIANCE TO MAINTAIN A SINGLE-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 3816 W. BULL VALLEY ROAD IN THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 2,2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry,McHenry County,Illinois this 3rd day of March,2020. ORDINANCE NO 20-9 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL FROM RS-1A, A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE,AND A USE VARIANCE TO MAINTAIN A SINGLE-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 3816 W. BULL VALLEY ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS 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 with the City by Mark E. and Georgene L. Reinwall, 3816 W. Bull Valley Road, McHenry, IL 60050 requesting a Zoning Map Amendment to C-5 Highway Commercial from RS-1a Medium Low-Density Multi-Family Residential, a Conditional Use Permit to allow outside storage in conjunction with a contractor's office, and a use variance from to allow a single-family residence for the property located at 3816 W. Bull Valley Road and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 29, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment, Conditional Use Permit, and Use Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Zoning Map Amendment, Conditional Use Permit, and Use Variance 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 the SUBJECT PROPERTY is hereby granted a Zoning Map Amendment to C-5 Highway Commercial District. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: • The requested zoning classification is compatible with the existing uses and zoning of property in the environs; • The requested zoning classification is supported by the trend of development in the general area; • The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and • The requested classification promotes the public interest. SECTION 3: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow outside storage in conjunction with a contractor's office subject to the following conditions: • Outside storage of commercial vehicles and equipment shall be limited to north of the frame garage identified on the plat of survey certified on September 19, 2019. • No outside storage shall be located within the existing green spaces. • The property owners shall maintain the existing landscaped screening. • The property owners shall be responsible for replacing any landscaped screening that is damaged or destroyed. • The property owners shall be responsible for installing new matching landscaped screening if any structures that provide screening are removed. • All commercial vehicles and equipment stored outside shall be related to the site's existing business operations. • All commercial vehicles and equipment stored outside shall be in operable condition. • The outside storage of bulk materials is prohibited unless enclosed within a storage container. • The property owners shall apply for a Stormwater Management Permit application with the City of McHenry within 30 days of annexation. • All other federal, state, and local laws shall be met. SECTION 4: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise,glare,odor,dust,waste disposal,blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 5: A Use Variance to allow a single-family residential land use on the Subject Property is hereby approved subject to the following conditions: 1. Either Mark E. or Georgene L. Reinwall must concurrently occupy the residence. 2. All other federal, state, and local laws shall be met. SECTION 6: In granting said Use Variance,the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: • For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. • The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. • Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. • The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. • The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 7: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: 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 2nd day of March, 2020. Ayes Nays Absent Abstain Alderman Devine x Alderman Glab k Alderman Harding x Alderman Mihevc X Alderwoman Miller X Alderman Santi x Alderman Schaefer X Wayn 1 16t, ayor Trisha amel, City Clerk Exhibit A Legal Description of the Subject Property That part of the West Half of Lot 1 in the Northwest Quarter of Section 2,Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning on the South line of said Northwest Quarter at a point 1208.6 feet East from the Southwest corner thereof and running thence North 468.5 feet at right angles to the South line of said Northwest Quarter; thence East, 115.0 feet at right angles to the last described line to the East line of the West Half of aforesaid Lot 1; thence South on the last described line, 468.5 feet to the South line of the said Northwest Quarter;thence West, 115.0 feet to the Place of Beginning, also that part of West Bull Valley Road lying directly South and adjacent to the above described lands, all in McHenry County, Illinois.