HomeMy WebLinkAboutOrdinances - ORD-02-1058 - 09/12/2001 - GRANT ZONING 54 ACRES E OF RIVERSIDE DR KENNEDY HOORDINANCE NO.ORD-02-1058
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO THE
APPROXIMATELY 54 ACRES LOCATED ON THE EAST SIDE
OF RIVERSIDE DRIVE, AT MCCULLOM LAKE ROAD,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City requesting a zoning map
amendment to RS-2, Medium -Density Single -Family Residential for the approximately 54
acres located on the east side of Riverside Drive, described and depicted on Exhibit A
attached hereto and incorporated herein by reference; and
WHEREAS, a public hearing on said petition was held before the Zoning Board of
Appeals on May 14, 2001, in the manner prescribed by ordinance and statute, and as a
result of said hearing, the Zoning Board of Appeals did recommend to the City Council the
granting of the requested zoning change; and
WHEREAS, the City Council has considered the evidence and recommendation
from the Zoning Board of Appeals and finds that the approval of the zoning change currently
requested and approved by this ordinance 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 described and depicted on Exhibit A,
attached hereto and incorporated herein by reference, be granted a Zoning Map
Amendment to RS-2, Medium -Density Single -Family Residential.
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:
1. 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 classification promotes the public interest.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: 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 5: 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 i ITN DAY OF SEPT€MB€I� , 2001
NAYS: MURGATROYD
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING:
APPROVED THIS 17TH DAY OF SEPTEMBER , 2001
ATTEST:
CITY ERK
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Exhibit A
Legal Description of the SUBJECT PROPERTY
THAT PART OF THE FRACTIONAL SOUTHWEST1,1,1F SECTION 24, AND THAT
PART OF THE FRACTIONAL NORTHWESTI/4DF SECTION, 25, ALL IN
TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TID b,
SECTIONS 23, 24, 25 AND 26: THENCE NORTH ALONG THE 'WEST LINE OF TH-E
SOUTHWEST 1/4 OF SECTION 24, 1,104.8 FEET: THENCE EASTERLY ALONG
A LINE FORMING AN ANGLE OF 88 DEGREES, 52 MINUTES', MEASURED TO THE
RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE.,
1,320.0 FEET: THENCE NORTHERLY, ALONG A LINE FORMING AN XYNGLE OF
88 DEGREES. 50 MINUTES, MEASURED TO THE LEFT, WITH A PROLO(NIGATION
OF THE LAST DESCRIBED COURSE, 687.36 FEET TO THE SOUTH LINE OF KAMA
AVENUE AS SHOWN ON THE PLAT OF SHALIMAR SUBDIVISION:
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID KAMA AVENUE, BEING ON A
LINE FORMING AN ANGLE OF 89 DEGREES, 41 MINUTES, MEASURED TO THE
RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 726.0
FEET: THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90
DEGREES, 30 MINUTES. MEASURED TO THE RIGHT. WITH A PROLONGATION OF
THE LAST DESCRIBED COURSE, 596.15 FEET: THENCE SOUTHWESTERLY ALONG
A LINE FORMING AN ANGLE OF 19 DEGREES, 29 MINUTES. MEASURED TO THE
RIGHT. WITH A PROLONGATION OF THE LAST DESCRIBED COURSE,
1.015.00 FEET: THENCE CONTINUING SOUTHWESTERLY ALONG A LINE
FORMING AN ANGLE OF 41 DEGREES. 40 MINUTES, MEASURED TO THE RIGHT,
WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 100.3 FEET:
THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 27 DEGREES, 32
MINUTES, MEASURED TO THE RIGHT. WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, 177.0 FEET: THENCE SOUTHERLY AT RIGHT ANGLES
TO THE LAST DESCRIBED COURSE, 201.8 FEET TO THE SOUTH LINE OF THE
SOUTHWESTI/43F SECTION 24 AFORESAID, AND BEING 1,440.9 FEET
EAST FROM THE PLACE OF BEGINNING: THENCE CONTINUING SOUTHERLY ALONG THE:
LAST DESCRIBED COURSE, 72.10 FEET: THENCE SOUTHWESTERLY ALONG A
LINE FORMING AN ANGLE OF 45 DEGREES. 54 MINUTES. MEASURED TO THE
RIGHT. WITH A PROLONGATION OF THE LAST DESCRIBED COURSE,
608.60 FEET: THENCE CONTINUING SOUTHWESTERLY ALONG A LINE FORMING
AN ANGLE OF 11 DEGREES, 43 MINUTES, MEASURED TO THE LEFT, WITH A
PROLONGATION OF THE LAST DESCRIBED COURSE, 815.50 FEET TO AN
INTERSECTION WITH A NORTH LINE OF ORCHARD BEACH AVENUE: THENCE
WESTERLY ALONG SAID NORTH LINE. BEING ON A LINE FORMING AN ANGLE OF
56 DEGREES, 18 MINUTES. MEASURED TO THE RIGHT, WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE, 592.65 FEET TO AN INTERSECTION WITH
THE WEST LINE OF THE NORTHWEST'/,IF SECTION 25 AFORESAID:
THENCE NORTH ALONG SAID WEST LINE. 1,175.46 FEET TO THE PLACE OF
BEGINNING. (EXCEPT ANY PART FALLING WITHIN MARETTA ESTATES UNIT
1, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SOUTHWESTI,,PF
SECTION 24, TOWNSHIP 45 NORTH. RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY
12, 1972 AS DOCUMENT NO. 566347, AND ALSO EXCEPT THAT PART OF SAID
SECTIONS 24 AND 25, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING ON THE
WEST LINE OF THE NORTHWEST',,,JF THE NORTHWESTI--�QF SAID SECTION
25, SAID POINT BEING 215 FEET SOUTH OF THE NORTHWEST CORNER THEREOF:
THENCE NORTH ON THE WEST LINE THEREOF, FOR A DISTANCE OF 215 FEET TO
THE NORTHWEST CORNER THEREOF: THENCE NORTH ON THE WEST LINE OF
THE SOUTH WEST i,,4IF THE SOUTHWEST1,47 SAID SECTION 24, FOR A
DISTANCE OF 200 FEET TO A POINT: THENCE EAST ON A LINE FORMING
AN ANGLE OF 89 DEGREES, 20 MINUTES, TO THE RIGHT, WITH A
PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST
DESCRIBED POINT, FOR A DISTANCE OF 264 FEET TO A POINT: THENCE
SOUTH IN A STRAIGHT AND DIRECT LINE. FOR A DISTANCE OF 415 FEET
TO A POINT, SAID POINT BEING 266 FEET EAST OF THE PLACE OF BEGINNING:
THENCE WEST 266 FEET TO THE PLACE OF BEGINNING AND ALSO EXCEPTING
THAT PART OF THE FRACTIONAL SOUTHWESTI,,QF SECTION 24 AND THAT
PART OF THE FRACTIONAL NORTHWEST1,4F SECTION 25, ALL IN
TOWNSHIP 45 NORTH, RANGE 8, EAST FOR THE THIRD PRINCIPAL MERIDIAN
IN MCHENRY COUNTRY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SECTION CORNER COMMON TO SECTION 23, 24, 25 AND 26 IN TOWNSHIP
45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN: THENCE
NORTH ALONG THE WEST LINE OF THE SOUTHWESTI/4DF SAID SECTION 24,
ON AN ASSUMED BEARING OF NORTH 00 DEGREES 03 MINUTES 37
SECONDS WEST A DISTANCE OF 1,104.80 FEET TO THE NORTHERLY LINE OF
THE TRACT OF LAND CONVEYED TO JOSEPH E. GANSAC AND SHIRLEY H. GANSAC
BY WARRANTY DEED RECORDED ON AUGUST 23, 1989 AS DOCUMENT NUMBER
89R-027489 AND THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 48
MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY LINE, 30.00 FEET TO A
LINE 30.00 FEET EASTERLY OF AND PARALLEL WITH SAID WEST LINE OF THE
SOUTHWESTI/43F SECTION 24; THENCE SOUTH 00 DEGREES 03 MINUTES
37 SECONDS EAST, ALONG SAID PARALLEL LINE, 94.13 FEET TO A POINT ON
A 3,669.72 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE
BEARS NORTH 25 DEGREES 59 MINUTES 17 SECONDS EAST FROM SAID
POINT, SAID CURVE ALSO BEING 150.00 FEET NORTHERLY OF AND
CONCENTRIC WITH THE TRANSIT LINE OF FAP 420 (F.A. 201) ACCORDING
TO THE PLAT RECORDED MAY 5, 1975 AS DOCUMENT NUMBER 636003;
THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE
NORTHEASTERLY, 943.27 FEET THROUGH A CENTRAL ANGLE OF 14
DEGREES 43 MINUTES 39 SECONDS TO A POINT 150.00 FEET NORTHERLY
OF A POINT OF TANGENCY ON SAID TRANSIT LINE, AS MEASURED
NORMAL THERETO; THENCE SOUTH 78 DEGREES 44 MINUTES 21
SECONDS EAST, ALONG A LINE TANGENT TO THE LAST DESCRIBED
CURVE, AND 150.00 FEET NORTHERLY OF AND PARALLEL WITH SAID
TRANSIT LINE. 817.77 FEET TO A LINE 74.50 FEET WESTERLY OF AND
PARALLEL WITH AN EASTERLY LINE OF SAID TRACT OF LAND CONVEYED
PER DOCUMENT NUMBER 89R-02789; THENCE NORTH 19 DEGREES 36
MINUTES 45 SECONDS EAST, ALONG SAID PARALLEL LINE, 139.93 FEET;
THENCE SOUTH 70 DEGREES 23 MINUTES 15 SECONDS EAST. ALONG A
LINE PERPENDICULAR TO SAID EASTERLY LINE 74.50 FEET TO A POINT
ON SAID EASTERLY LINE, SAID POINT BEING 180.00 FEET SOUTHERLY OF
THE SOUTHEAST CORNER OF LOT 9 IN BLOCK 2. IN MARETTA ESTATES,
UNIT 1 ACCORDING TO THE PLAT OF SUBDIVISION RECORDED MAY 12,
1972 AS DOCUMENT NUMBER 566347, AS MEASURED ALONG SAID EASTERLY
LINE; THENCE SOUTH 19 DEGREES 36 MINUTES 45 SECONDS WEST, ALONG
SAID EASTERLY LINE, 410.33 FEET TO AN ANGLE POINT IN SAID EASTERLY
LINE; THENCE SOUTH 61 DEGREES 10 MINUTES 57 SECONDS WEST,
ALONG A SOUTHEASTERLY LINE OF SAID TRACT OF LAND 33.62 FEET. TO A
LINE 150.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID TRANSIT LINE;
THENCE NORTH 78 DEGREES 44 MINUTES 21 SECONDS WEST. ALONG SAID
PARALLEL LINE 626.47 FEET TO A POINT 150.00 FEET SOUTHERLY OF SAID
POINT OF TANGENCY ON SAID TRANSIT LINE, AS MEASURED NORMAL
THERETO; THENCE WESTERLY ALONG A TANGENTIAL 3.969.72 FOOT
RADIUS CURVE, CONCAVE NORTHERLY AND BEING 150.00 FEET SOUTHERLY
OF AND CONCENTRIC WITH SAID TRANSIT LINE, THROUGH A CENTRAL ANGLE
OF 12 DEGREES 37 MINUTES 45 SECONDS, A DISTANCE OF 875.01 FEET TO SAID
LINE BEING 30.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE
OF SAID SOUTHWEST'/,OF SECTION 24; THENCE SOUTH 00 DEGREES 03
MINUTES 37 SECONDS EAST, ALONG SAID PARALLEL LINE. 479.96 FEET TO
THE NORTH LINE OF THE TRACT OF LAND CONVEYED TO PAUL A. HILLER
AND PRISCILLA M. HILLER BY WARRANTY DEED RECORDED JULY 18, 1972 AS
DOCUMENT NUMBER 571430; THENCE SOUTH 89 DEGREES 16 MINUTES 23
SECONDS WEST, ALONG SAID NORTH LINE, 30.00 FEET TO SAID
WEST LINE OF THE SOUTHWESTI,,4DF SECTION 24; THENCE NORTH
00 DEGREES 03 MINUTES 37 SECONDS WEST, ALONG SAID WEST LINE. 904.80
FEET TO THE POINT OF BEGINNING), ALL IN MCHENRY COUNTY,
ILLINOIS.
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