HomeMy WebLinkAboutOrdinances - O-98-867 - 04/22/1998 - GRANT ZONING AND VARIANCEORDINANCE NO. 0-98 867
AN ORDINANCE PROVIDING FOR A ZONING MAP AMENDMENT,
CONDITIONAL USE PERMIT, AND VARIANCE UNDER THE ZONING
ORDINANCE OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Meyer Material Company, an
Illinois General Partnership, and the Chicago Trust Company, successor trustee to the Chicago
Title and Trust Company, as Trustee under the provisions of a Trust Agreement dated July 17,
1968, and known as Trust No. 53278 for zoning changes to the real estate legally described as
follows:
The Northwest Quarter of the Southeast Quarter of Section 30 and the North 1 /2 of
the Southwest 1 /4 of the Southeast 1 /4 of Section 30 (except any part thereof lying
South of the North line of the property conveyed by Document No. 699743, described
as follows: The South 495.76 feet of the North 1 /2 of the Southwest 1 /4 of the
Southeast 1 /4 of Section 30); ALSO the West Half of the Northeast Quarter of Section
30 (except that part of the West Half of the Northeast Quarter of Section 30, Township
45 North, Range 8 East of the Third Principal Meridian, described as follows:
Commencing at the Northwest corner of said Northeast Quarter of Section 30 for the
place of beginning of this description; thence Southerly along the West line of said
Northeast Quarter, a distance of 100.00 feet to a point; thence Easterly along a line
forming an angle of 90 degrees, 00 minutes, 00 seconds to the left, with the last
described line extended, a distance of 30.00 feet to a point; thence Northeasterly
along a line forming an angle of 53 degrees, 55 minutes, 40 seconds to the left, with
the last described line extended, a distance of 50.13 feet to a point; thence Easterly
along a line forming an angle of 53 degrees, 25 minutes, 40 seconds to the right, with
the last described line extended, a distance of 300.00 feet to a point; thence
Northeasterly along a line forming an angle of 16 degrees, 42 minutes, 00 seconds to
the left, with the last described line extended, a distance of 104.40 feet to a point;
thence Northerly along a line forming an angle of 73 degrees, 18 minutes, 00 seconds
to the left, with the last described line extended, a distance of 30 feet, more or less, to
a point in the North line of the Northeast Quarter of Section 30 aforesaid; thence
Westerly along said North line, a distance of 459.00 feet to the place of beginning),
ALSO (except that part of the West Half of the Northeast Quarter of Section 30,
Township 45 North, Range 8 East of the Third Principal Meridian, described as
follows: Commencing at the Northwest corner of the Northeast Quarter of said
Section 30, said corner also being on the Center line of FAP Route 21 (Illinois Route
120); thence South 89 degrees, 51 minutes East along the Center line of FAP Route
21 for a distance of 459.0 feet to a point on the East line of a tract of land acquired by
State of Illinois, known as Tract 0001 as set forth in Vesting Order filed on November
26, 1968, as Case No. 68-2578 in the Office of the Clerk of the Circuit Court in
McHenry County, Illinois, for a place of beginning; thence North 0 degrees, 09 minutes
East along said East line, for a distance of 3.9 feet to a point on the North line of said
Section 30; thence North 89 degrees, 40 minutes East along said North line of Section
30, for a distance of 855.7 feet to a point on the East line of the West Half of the
Northeast Quarter of said Section 30, said point being 8.4 feet radially distant
Northerly of the Center line of FAP Route 21; thence South 0 degrees, 20 minutes
East along said East line, for a distance of 48.4 feet to a point, being 40.0 feet radially
distant Southerly of the Center line of FAP Route 21; thence Westerly along a curve to
the right, having a radius of 68819.5 feet, said curve being concentric with and 40.0
feet radially distant Southerly of the Center line of FAP Route 21, for a distance of
624.0 feet; thence North 89 degrees, 51 minutes West along a line being parallel to
and 40.0 feet normally distant Southerly of the Center line of FAP Route 21, for a
distance of 265.4 feet to a point on the Southeasterly line of the aforementioned Tract
0001; thence North 73 degrees, 27 minutes East along said Southeasterly line, for a
distance of 34.8 feet to a point on the previously described East line of Tract 0001,
said point being 30.0 feet normally distant Southerly of the Center line of FAP Route
21; thence North 0 degrees, 09 minutes East along said East line, for a distance of
30.0 feet to the place of beginning) ALSO (excepting the West 420.00 feet of the North
625.00 feet of the West Half of the Northeast Quarter of said Section 30), all in
Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County,
Illinois.
WHEREAS, said real estate consists of approximately 117.377 acres of land, more or
less, and is located immediately south of Illinois State Route 120 and immediately east of Ridge
Road, in McHenry Township, McHenry County, Illinois; and
WHEREAS, a public hearing on said request was held before the Zoning Board of
Appeals on February 23, 1998, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did recommend to
the City Council the granting of the requested zoning changes; and
WHEREAS, the City Council has considered the evidence and recommendation from
the Zoning Board of Appeals and finds that the approval of the requested zoning changes 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: The recitals are hereby incorporated herein by reference.
Section 2: That the Zoning Map of the City of McHenry is hereby amended so that
the to the real estate described herein is reclassified as "RS-1," Single Family Residential
District, with an "A-M," Agricultural and Mining Overlay District. 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;
2. The requested zoning classification is supported by the trend of development in
the general area;
3. The requested zoning classification is consistent with the objectives of the City of
McHenry Comprehensive Plan; and
4. The requested zoning classification promotes the public interest.
Section 3: That a Conditional Use Permit is hereby granted to the real estate
described herein to permit the operation of a commercial sand and gravel business, including
the extracting and transporting of sand, gravel, and other earth materials and for site
reclamation. 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 it will be compatible
with existing uses in the area, and with the Permitted Uses in the zoning district, in that:
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 4: That a Variance is hereby granted to Chapter XIII, Section A, paragraph 4
of the Zoning Ordinance of the City of McHenry, as amended, to the real estate described
herein so that the aforesaid Conditional Use Permit will be for an initial term of ten (10) years,
which initial term will be automatically extended for an additional term of ten (10) years,
providing, however, that there have been no substantial or recurring violations of the
Annexation Agreement, of Federal or State mining, environmental, and reclamation laws and
regulations, or of the City of McHenry Zoning Ordinance. In granting said Variance, the City
Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that:
Special circumstances exist that are peculiar to the property for which the
variance is sought and that do not apply generally to other properties in the
same zoning district. And these circumstances are not of so general or recurrent
a nature as to make it reasonably practical to provide a general regulation to
cover them.
2. The special circumstances referenced herein relate only to the physical
character of the land or building(s) for which a variance is sought, such as
dimensions, topography, or soil conditions. They do not concern any business or
activity the present or prospective owner or tenant carries on, or seeks to carry
on, therein, nor to the personal, business, or financial circumstances of such
owner or tenant or any other party with interest in the property.
3. The special circumstances that are the basis for a variance have not resulted
from any act of the applicant or of any other party with interest in the property.
4. The strict application of the provision of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a
mere inconvenience.
5. A variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and does
not confer a special privilege ordinarily denied to other properties in the district.
6. The grant of a variance is necessary not because it will increase the applicant's
economic return, although it may have this effect, but because without a
variance the applicant will be deprived of any reasonable use or enjoyment of the
property.
7. The granting of the 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.
8. The granting of a variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in
light of any changed conditions since their adoption.
9. The variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of his property.
Section 5: As a condition of approval, the Owners shall request the Department of
Mines and Minerals, Land Reclamation Division of the State of Illinois, and any and all other
agencies that may be necessary or appropriate, to furnish directly to the City the following
department or agency materials and information relating to the operation on the real estate
described herein on a current and ongoing basis throughout the time that any operations are
being conducted thereon pursuant to the Conditional Use Permit granted hereunder:
1. Notice of statutory or regulatory violations;
2. Notice of intent to revoke and bond;
3. Inspection reports;
4. Reports regarding reclamation;
5. Annual aerial photography of the premises;
6. Stop work orders;
7. Complaints or other pleadings involving Department or IEPA actions or procedures
against Owners' operations.
The foregoing material and inform;
whether or not there has been any subst
Variance hereby granted during the initia
which would warrant a revocation by the
Conditional Use Permit or any other action
City Ordinances.
Lion may be considered by the City in determining
intial or recurring violation of the conditions of the
ten (10) year term of the Conditional Use Permit
City of the "automatic" subsequent term of said
pursuant to an Annexation Agreement or under any
Representatives of the City may enter upon the real estate where such Conditional Use
Permit operations are being conducted at all reasonable times for the purpose of inspection to
determine whether or not the provisions of the Zoning Ordinance of the City of McHenry, of the
approved Overall Mining Plan and Reclamation Plans, and of any Annexation Agreements have
been complied with.
Section 6: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
Section 7: 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 8: 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 22NDDAY OF APRIL , 1998.
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
BOLGER, GLAB, MURGATROYD, BAIRD.
MC CLATCHEY
NONE
NONE
NONE
APPROVED THIS 22ND DAY OF
ATTEST:
a�
CITY CLERK c ,�',
APRIL , 1998.
z-MAYOR