HomeMy WebLinkAboutOrdinances - O-99-935 - 11/17/1999 - GRANT ZONING CUP AND VARIANCE BUSCH-KNOX PROPERTYORDINANCE NO. 0-99-935
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT,
AND VARIANCE FOR THE BUSCH-KNOX PROPERTY ON THE NORTH SIDE OF MILLER
ROAD, ONE -QUARTER MILE EAST OF GREEN STREET, IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Windsor Development Corporation
requesting A Zoning Map Amendment, Conditional Use Permit, and Variance for the Busch -
Knox property on the north side of Miller Road, one -quarter mile east of Green Street to allow
the development of a 90-unit senior restricted condominium housing facility; and
WHEREAS, a public hearing on said petition was held before the Zoning Board of
Appeals on June 7, 1999, 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 Map Amendment, Conditional Use Permit,
and Variance; 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 Map Amendment,
Conditional Use Permit, and 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 property commonly know as the northern 7.19 acres of the Busch -
Knox property on the north side of Miller Road, one -quarter mile east of Green Street, and
legally described on Exhibit A, attached hereto and incorporated herein by reference, be
granted a Zoning Map Amendment to RM-1, Low -Density Single -Family Residential.
SECTION 2: That the property commonly know as the entire 12.8 acre Busch -Knox
property on the north side of Miller Road, one -quarter mile east of Green Street, and legally
described on Exhibit B, attached hereto and incorporated herein by reference, be granted a
Conditional Use Permit under Group Home/Nursing Home for a 90-unit senior restricted
condominium housing facility; and a Variance to allow additional commercial uses for the
exclusive use of the residents, employees, and their guests, and to allow 80 parking spaces for
a 90-unit building.
SECTION 3: That the approval of the Conditional Use Permit and Variance as provided
in this ordinance is granted subject to the following conditions:
1. The property shall be developed in substantial conformance with the latest drawings
submitted, which include the site plan prepared by Condon Consulting Engineers,
P.C., dated July 21, 1999, and the building elevations prepared by Burnidge Cassell
Associates, dated June 11, 1999.
2. The area labeled "Future parking Area" on the site plan shall be constructed 'within
120 days of receipt of written notice from the City, weather permitting, if the City, at
its sole discretion, determines that the available parking on the property is
insufficient.
3. The project shall contain no more than 30 enclosed garage spaces.
4. The final landscaping design shall be reviewed and approved by the Community
Development Department prior to installation, and shall include an enhanced entry
treatment, and a four (4) to six (6) foot high undulating berm along Miller Road.
5. The non-residential uses permitted inside the facility shall be limited to the following:
a. A retail store of no more than 150 square feet.
b. A restaurant and dining area.
c. A beautician and barber shop.
d. An automated teller machine and occasional on -site banking.
e. An exercise area with equipment.
SECTION 4: 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:
1. The requested zoning classification is compatible with the existing uses and
zoning 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 classification promotes the public interest.
SECTION 5: In granting said Conditional Use Permit, the City Council finds that the
requirements of Table 33 of the Zoning Ordinance have been met 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; and
6. The proposed use is in harmony with all other elements of compatibility pertinent
to the Conditional Use and its particular location.
SECTION 6: 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 reasonable 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 the variance is sought, such as dimension,
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,
not 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 the 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 provisions 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 granting of a Variance is necessary not because it will increase the
applicant's economic return, although it may have this effect, but because without
the variance the applicant will be deprived of any reasonable use or enjoyment of
the property.
7. The granting of a 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 the property.
SECTION 7: All Ordinance 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 17 DAY OF November , 1999
AYS: Bolger, Glab, McClatchey, Murgatroyd, Baird.
NAYS: None.
ABSTAINED: None.
ABSENT: None.
NOT VOTING: None.
APPROVED THIS 17 DAY OF November , 1999
AYOR
ATTEST:
PARCEL L
,THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND
RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST (BEARING
ASSUMED), A DISTANCE OF 1312.78 FEET; THENCE NORTH 89 DEGREES, 49
MINUTES, 04 SECONDS EAST, A DISTANCE OF 1762.85 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 01 DEGREES, 29 MINUTES, 22 SECONDS WEST, A
DISTANCE OF 672.10 FEET; THENCE SOUTH 89 DEGREES, 51 MINUTES, 29 SECONDS
EAST, A DISTANCE OF 36.00 FEET; THENCE NORTH 01 DEGREES, 29 MINUTES, 22
SECONDS EAST, A DISTANCE OF 672.30 FEET; THENCE SOUTH 89 DEGREES, 49
MINUTES, 04 SECONDS WEST, A DISTANCE OF 36.01 FEET, TO THE POINT OF
BEGINNING, IN MCHENRY COUNTY, ILLINOIS.
ALSO `
PARCEL 4:
THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND
RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST,
(BEARING ASSUMED) ON THE WEST LINE THEREOF, A DISTANCE OF 1312.78 FEET;
THENCE NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF
1582.85 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89
DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF 180.00 FEET; THENCE
SOUTH 01 DEGREES, 29 MINUTES, 22 SECONDS WEST, A DISTANCE OF 672.10 FEET;
THENCE NORTH 89 DEGREES, 51 MINUTES, 29 SECONDS WEST, A DISTANCE OF
500.00 FEET; THENCE NORTH 15 DEGREES, 08 MINUTES, 31 SECONDS EAST, A
DISTANCE OF 80.00 FEET; THENCE NORTH 74 DEGREES, 43 MINUTES, 30 SECONDS
WEST, A DISTANCE OF 314.88 FEET; THENCE NORTH 54 DEGREES, 49 MINUTES, 04•
SECONDS EAST, A DISTANCE OF 420.00 FEET; THENCE NORTH 89 DEGREES, 49
MINUTES, 04 SECONDS EAST, A DISTANCE OF 180.00 FEET; THENCE NORTH 66
DEGREES, 01 MINUTES, 34 SECONDS EAST, A DISTANCE OF 116.30 FEET; THENCE
NORTH 02 DEGREES, 23 MINUTES, 44 SECONDS WEST, A DISTANCE OF 220.26 FEET
TO THE POINT OF BEGINNING, (EXCEPTING THAT PART OF SECTION 2, TOWNSHIP
44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 2 AND RUNNING THENCE SOUTH 01 DEGREES, 00
MINUTES, 48 SECONDS EAST (BEARING ASSUMED), A DISTANCE OF 1312.78 FEET;
THENCE NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF
1582.85 FEET; THENCE SOUTH 02 DEGREES, 23 MINUTES, 44 SECONDS EAST, A
DISTANCE OF 220.26 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 66
DEGREES, 01 MINUTES, 34 SECONDS WEST, A DISTANCE OF 116.30 FEET; THENCE,
SOUTH 89 DEGREES 49 MINUTES, 04 SECONDS WEST, A DISTANCE OF 180.00 FEET;
THENCE SOUTH 54 DEGREES, 49 MINUTES, 04 SECONDS WEST, A DISTANCE OF
420.00 FEET; THENCE SOUTH 74 DEGREES, 43 MINUTES, 30 SECONDS EAST, A
DISTANCE OF 45.39 FEET; THENCE NORTH 54 DEGREES, 49 MINUTES, 04 SECONDS
EAST, A DISTANCE OF 380.07 FEET; THENCE NORTH 89 DEGREES, 49 MINUTES, 04
SECONDS EAST, A DISTANCE OF 176.31 FEET; THENCE NORTH 66 DEGREES, 01
MINUTES, 34 SECONDS EAST, A DISTANCE OF 109.83 FEET; THENCE NORTH 02
DEGREES, 23 MINUTES, 44 SECONDS WEST, A DISTANCE OF 37.64 FEET TO THE
POINT OF BEGINNING), IN MCHENRY COUNTY, ILLINOIS.
ExkiBl'( A Pb.l of I
Ex�kiB�T �
PARCELI:
THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND,
RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST (BEARING
ASSUMED), A DISTANCE OF 1312.78 FEET; THENCE NORTH 89 DEGREES, 49
MINUTES, 04 SECONDS EAST, A DISTANCE OF 1762.85 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 01 DEGREES, 29 MINUTES, 22 SECONDS WEST, A
DISTANCE OF 672.10 FEET; THENCE SOUTH 89 DEGREES, 51 MINUTES, 29 SECONDS
EAST, A DISTANCE OF 3 6. 00 FEET; THENCE NORTH 01 DEGREES, 29 MINUTES, 22
SECONDS EAST, A DISTANCE OF 672.30 FEET; THENCE SOUTH 89 DEGREES, 49
MINUTES, 04 SECONDS WEST, A DISTANCE OF 36.01 FEET, TO THE POINT OF
BEGINNING, IN MCHENRY COUNTY, ILLINOIS.
ALSO `
PARCEL 2:
THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND
RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST (BEARING
ASSUMED), A DISTANCE OF 1312.78 FEET; THENCE NORTH 89 DEGREES, 49
MINUTES, 04 SECONDS EAST, A DISTANCE OF 1762.85 FEET; THENCE SOUTH 01
DEGREES, 29 MINUTES, 22 SECONDS WEST, A DISTANCE OF 672.10 FEET FOR THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES, 29 MINUTES, 22
SECONDS WEST, A DISTANCE OF 210.00 FEET; THENCE SOUTH 89 DEGREES, 51
MINUTES, 29 SECONDS EAST, A DISTANCE OF 75.00 FEET; THENCE NORTH 01
DEGREES, 29 MINUTES, 22 SECONDS EAST, A DISTANCE OF 210.00 FEET; THENCE
NORTH 89 DEGREES, 51 MINUTES, 29 SECONDS WEST, A DISTANCE OF 75.00 FEET
TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, MLINOIS.
ALSO
PARCEL 3:
THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND
RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST,
(BEARING ASSUMED) ON THE WEST LINE THEREOF, A DISTANCE OF 1312.78 FEET;
THENCE NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF
1762.85 FEET; THENCE SOUTH 01 DEGREES, 29 MINUTES, 22 SECONDS WEST, A.
DISTANCE OF 672.10 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 01 DEGREES, 29 MINUTES, 22 SECONDS WEST, A DISTANCE OF 210.00 FEET;
THENCE NORTH 89 DEGREES, 51 MINUTES, 29 SECONDS WEST, A DISTANCE OF
501.18 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 900.00 FEET, FOR AN ARC DISTANCE OF 375.88 FEET; THENCE NORTH
01 DEGREES, 57 MINUTES, 38 SECONDS EAST, A DISTANCE OF 200.00 FEET;
F-XMIMT 6 P6. I of 3
THENCE NORTH 18 DEGREES, 25 MINUTES, 20 SECONDS EAST, A DISTANCE OF
260.00 FEET; THENCE SOUTH 74 DEGREES, 43 MINUTES, 30 SECONDS EAST, A
DISTANCE OF 314.88 FEET; THENCE SOUTH 15 DEGREES, 08 MINUTES, 31 SECONDS
WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 89 DEGREES, 51 MINUTES, 29
SECONDS EAST, A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING,
(EXCEPTING THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2
AND RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST
(BEARING ASSURED), A DISTANCE OF 1312.78 FEET; THENCE NORTH 89 DEGREES,
49 MINUTES, 04 SECONDS EAST, A DISTANCE OF 1582.85 FEET; THENCE SOUTH 02
DEGREES, 23 MINUTES, 44 SECONDS EAST, A DISTANCE OF 220.26 FEET; THENCE
SOUTH 66 DEGREES, 01 MINUTES, 34 SECONDS WEST, A DISTANCE OF 116.30 FEET;
THENCE SOUTH 89 DEGREES, 40 MINUTES, 04 SECONDS WEST, A DISTANCE OF
180.00 FEET; THENCE SOUTH 54 DEGREES, 49 MINUTES, 04 SECONDS WEST, A
DISTANCE OF 420.00 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 18
DEGREES, 25 MINUTES, 20 SECONDS WEST, A DISTANCE F 260.00 FEET; THENCE
SOUTH 01 DEGREES, 57 MINUTES, 38 SECONDS WEST, A DISTANCE OF 200.00 FEET;
THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS
OF 900.00 FEET, FOR AN ARC DISTANCE OF 38.47 FEET; THENCE NORTH 01
DEGREES, 57 MINUTES, 38 SECONDS EAST, A DISTANCE OF 178.96 FEET; THENCE:
NORTH 18 DEGREES, 25 MINUTES, 20 SECONDS EAST, A DISTANCE OF 243.43 FEET;
THENCE NORTH 54 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF
17.39 FEET, THENCE NORTH 74 DEGREES, 48 MINUTES, 30 SECONDS WEST,
A DISTANCE OF 45.39 FEET, TO THE POINT OF BEGINNING) IN MCHENRY COUNTY,
ILLINOIS.
ALSO
PARCEL 4:
THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2 AND
RUNNING THENCE SOUTH 01 DEGREES, 00 MINUTES, 48 SECONDS EAST,
(BEARING ASSUMED) ON THE WEST LINE THEREOF, A DISTANCE OF 1312.78 FEET;
THENCE NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF
1582.85 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89
DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF 180.00 FEET; THENCE
SOUTH 01 DEGREES, 29 MINUTES, 22 SECONDS WEST, A DISTANCE OF 672.10 FEET;
THENCE NORTH 89 DEGREES, 51 MINUTES, 29 SECONDS WEST, A DISTANCE OF
500.00 FEET; THENCE NORTH 15 DEGREES, 08 MINUTES, 31 SECONDS EAST, A
DISTANCE OF 80.00 FEET; THENCE NORTH 74 DEGREES, 43 MINUTES, 30 SECONDS
WEST, A DISTANCE OF 314.88 FEET; THENCE NORTH 54 DEGREES, 49 MINUTES, 04
SECONDS EAST, A DISTANCE OF 420.00 FEET; THENCE NORTH 89 DEGREES, 49
MINUTES, 04 SECONDS EAST, A DISTANCE OF 180.00 FEET; THENCE NORTH 66
DEGREES, 01 MINUTES, 34 SECONDS EAST, A DISTANCE OF 116.30 FEET; THENCE
kfilslT (5 Qc,. a of 3
m
NORTH 02 DEGREES, 23 MINUTES, 44 SECONDS WEST, A DISTANCE OF 220.26 FEET
TO THE POINT OF BEGINNING, (EXCEPTING THAT PART OF SECTION 2, TOWNSHIP
44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 2 AND RUNNING THENCE SOUTH 01 DEGREES, 00
MINUTES, 48 SECONDS EAST (BEARING ASSUMED), A DISTANCE OF 1312.78 FEET';
THENCE NORTH 89 DEGREES, 49 MINUTES, 04 SECONDS EAST, A DISTANCE OF
1582.85 FEET; THENCE SOUTH 02 DEGREES, 23 MINUTES, 44 SECONDS EAST, A
DISTANCE OF 220.26 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 66
DEGREES, 01 MINUTES, 34 SECONDS WEST, A DISTANCE OF 116.30 FEET; THENCE
SOUTH 89 DEGREES 49 MINUTES, 04 SECONDS WEST, A DISTANCE OF 180.00 FEET;
THENCE SOUTH 54 DEGREES, 49 MINUTES, 04 SECONDS WEST, A DISTANCE OF
420.00 FEET; THENCE SOUTH 74 DEGREES, 43 NIlNUTES, 30 SECONDS EAST, A
DISTANCE OF 45.39 FEET; THENCE NORTH 54 DEGREES, 49 MINUTES, 04 SECONDS
EAST, A DISTANCE OF 380.07 FEET; THENCE NORTH 89 DEGREES, 49 MINUTES, 04
SECONDS EAST, A DISTANCE OF 176.31 FEET; THENCE NORTH 66 DEGREES, 01
MINUTES, 34 SECONDS EAST, A DISTANCE OF 109.83 FEET; THENCE NORTH 02
DEGREES, 23 MINUTES, 44 SECONDS WEST, A DISTANCE OF 37.64 FEET TO THE
POINT OF BEGINNING), IN MCHENRY COUNTY, ILLINOIS.
Ext4ietT 6 P6. 3 of 3