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HomeMy WebLinkAboutOrdinances - ORD-03-1130 - 02/17/2003 - GRANT ZONING AND VARIANCE CONCORD HOMESORDINANCE NO.ORD-03-1130 AN ORDINANCE GRANTING ZONING MAP AMENDMENTS TO AND A VARIANCE TO A PORTION OF A PROPERTY LOCATED ADJACENT TO AND EAST OF ILLINOIS ROUTE 31, NORTH OF GRACY ROAD AND SOUTH OF PRIME PARKWAY, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by Concord Homes, Inc. requesting Zoning Map Amendments to RM-2, High -Density Multi -Family Residential District, BP, Business Park and C-5, Highway Commercial District to the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY", and WHEREAS, a petition has been filed by Concord Homes, Inc. requesting a Variance to allow multiple buildings on a zoning lot to the property legally described on "Exhibit B", attached hereto and incorporated herein; the "VARIANCE PROPERTY", and WHEREAS, a public hearing on said petitions was held before the Planning and Zoning Commission on October 31, 2002, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendments and said 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 Amendments and Variance are 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 PROPETY be granted Zoning Map Amendments to RM-2, High -Density Multi -Family Residential District, BP, Business Park and C-5, Highway Commercial District for the SUBJECT PROPERTY. SECTION 2: That the VARIANCE PROPERTY be granted a Variance to allow multiple buildings on a zoning lot with the condition that no more than twelve (12) units shall be constructed within a single building. SECTION 3: In granting said Zoning Map Amendments, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. The requested zoning classifications are compatible with the existing uses and zoning of property in the environs; 2. The requested zoning classifications are supported by the trend of development in the general area; 3. The requested zoning classifications are consistent with the objectives of the City of McHenry Comprehensive Plan; and 4. The requested classifications promote the public interest. SECTION 4: In granting said Variance allowing multiple buildings on a zoning lot, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. 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 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. 6 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 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 \-ON DAY OF , 2003 AYES: BOLGER,GLAB, LOW, MURGATROYD, WIMMER NAYS: NONE NONE ABSTAINED: ABSENT: NONE NOT VOTING: NONE OU APPROVED THIS DAY OF ATTEST: 2003 MAYOR 3 C-S-: Highway Commercial District Exhibit A - Legal Description of the SUBJECT PROPERTY Parcel 1 That part of the Southeast Quarter of Section-10, Township 44 North, Range 8, East of . the Third Principal Meridian commencing at East Quarter Corner of said Section 10; . thence South 89 degrees 20 minutes 17 seconds West along the North line of the Northeast Quarter of said Southeast Quarter, a distance of 849.97 feet to the point of beginning; thence South 00 degrees 31 minutes 38 seconds East, a distance of 385.22 feet; thence South 19 degrees 14 minutes 10 seconds East, a distance of 100.30 feet; thence South 00 degrees 31 minutes 38 seconds East, a distance of 403.01 feet; thence South 26 degrees 29 minutes 53 seconds West, a distance of 423.96 feet; thence South 11 degrees 02 minutes 43 seconds West, a distance of 80.00 feet; thence North 78 -degrees 57 minutes 17 seconds West, a distance of 55.79 feet to a point of curvature; thence westerly 226.55 feet along a curve to the right having a radius of 840.00 feet, the chord of said curve bears North 71 degrees 13 minutes 42 seconds West 225.86 feet to a point of tangency; thence North 63 degrees 30 minutes 07 seconds West, a distance of 181.90 feet; thence South 26 degrees 29 minutes 53 seconds West, a distance of 168.64 feet to the South line of the Northwest Quarter of the said Southeast Quarter; thence South 89 degrees 30 minutes 45 seconds West along said South line, a distance of 403.99 feet to a line lying 20 feet easterly of and parallel with the easterly Right -of -Way of Illinois State Route 31; thence North 26 degrees 29 minutes 53 seconds East along said parallel line, a distance of 1481.53 feet to the North line of the Northeast Quarter of the said Southeast Quarter; thence North 89 degrees 20 minutes 17 seconds East -along said North line, a distance of 413.81 feet to the point of beginning, containing 21.65 acres more or less. Parcel 2 BP-Buslness That part of the Southeast Quarter of Section 10, Township 44 North, Range 8, East of Park the Third Principal Meridian beginning at the East Quarter Corner of said Section 10; thence South 00 degrees 31 minutes 39 seconds East along the East line of the Northeast Quarter of the said Southeast Quarter, a distance of 1324.07 feet to the Northeast corner of the Southeast Quarter of the said Southeast Quarter; thence South 00 degrees 32 minutes 32 seconds East along the East line of the Southeast Quarter of the said Southeast Quarter, a distance of 432.17 feet; thence North 89 degrees 57 minutes 56 seconds West, - a distance of 50.30 feet to a point of curvature; thence westerly 568.31 feet along a curve to the right having a radius of 840.00 feet, the chord of said curve bears North 70 degrees 35 minutes 01 seconds West 557.53 feet to a point of tangency; thence North 51 degrees 12 minutes 06 seconds West, a distance of 101.69 feet to a point of curvature; thence northwesterly 343.91 feet along a curve to the left having a radius of 710.00 feet, the chord of said curve bears North 65 degrees 04 minutes 42 seconds West 340.56 feet to a point of tangency; thence North 78 degrees 57 minutes 17 seconds West, a distance of 67.40 feet; thence North 11 degrees.02 minutes 43 seconds East, a distance of 80.00 feet; thence North 26 degrees 29 minutes 53 seconds East, a distance of 423.96 feet; thence North 00 degrees 31 minutes 38 seconds West, a distance of 403.01 feet; thence North 19 degrees 14 minutes 10 seconds West, a distance of 100.30 feet; thence North 00 degrees 31 minutes 38 seconds West, a distance of 385.22 feet to the North line of the Northeast Quarter of said Southeast Quarter; thence North 89 degrees 20 minutes 17 seconds East along said North line, a distance of 849.97 feet to the point of beginning, containing 32.27 acres more or less. 4 Exhibit A Legal Description of the SUBJECT PROPERTY Parcel 3 RM-2-Hlgh- That part of the Southeast Quarter of Section 10, Township 44 North, Range 8, East of Density Multi the Third Principal Meridian commencing at the East Quarter Corner of said Section 10; Family Residential thence South 00 degrees 31 minutes 39 seconds East along the East line of the Northeast olsMot Quarter of the said Southeast Quarter, a distance of 1324.07 feet to the Northeast corner of the Southeast Quarter of the said Southeast Quarter; thence South 00 degrees 32 ' minutes 32 seconds East along the East'line of the Southeast Quarter of the said Southeast Quarter, a distance of 432.17 feet to the point of beginning; thence continuing South 00 degrees 32 minutes 32 seconds East along the said East line, a distance of 889.74 feet to the Southeast -comer of said Southeast Quarter; thence South 89 degrees 37 minutes 52 seconds West along the South line of the Southeast Quarter of the said Southeast Quarter, a distance of 1333.88 feet to the Southwest corner of the said Southeast Quarter; thence North 00 degrees 21 minutes 03 seconds West along the West line of the Southeast Quarter of the said Southeast Quarter, a distance of 1319.16 feet to the Northwest corner of the Southeast Quarter of the said Southeast Quarter; thence South 89 degrees 30 minutes 45 seconds West along the South line of the Northwest Quarter of the said Southeast Quarter, a distance of 203.51 feet; thence North 26 degrees 29 minutes 53 seconds East, a distance of 168.64 feet; thence South 63 degrees 30 minutes 07 seconds East, a distance of 181.90 feet to a point of curvature; thence easterly 226.55 feet along a curve to the'left having a radius of 840.00 feet, the chord of said curve bears South 71 degrees 13 minutes 42 seconds East 225.86 feet to a point of tangency; thence South 78 degrees 57 minutes 17 seconds East, a distance of 123.19 feet to a point of curvature; thence southeasterly 343.91 feet along a curve to the right having a radius of 710.00 feet, the chord of said curve bears South 65 degrees 04 minutes 42 seconds East 340.56 feet to a point of tangency; thence South 51 degrees 12 minutes 06 seconds East, a distance of 101.69 feet to a point of curvature; thence easterly 568.31 feet along a curve to the left having a radius of 840.00 feet, the chord of said curve bears South 70 degrees 35 minutes O1 seconds East 557.53 feet to a point of tangency; thence South 89 degrees 57 minutes . 56 seconds East, a distance of 50.30 feet to the the point of beginning, containing 35.01 acres more or less. Exhibit B Legal Description of the VARIANCE PROPERTY Parcel RM-2-High- That part of the Southeast Quarter of Section 10•, Township 44 North, Range 8, East of Density Murd- the Third Principal Meridian commencing at the East Quarter Corner of said Section 10; Family . Residentlal thence South 00 degrees de 31 minutes 39 seconds East along the East line of the Northeast g o District Quarter of the said Southeast Quarter, a distance of 1324.07 feet to the Northeast corner i of the Southeast Quarter of the said Southeast Quarter; thence South 00 degrees 32 ' minutes 32 seconds East along the East'line of the Southeast Quarter of the said Southeast Quarter, a distance of432.17 feet to the point of beginning; thence continuing South 00 degrees 32 minutes 32 seconds East along the said East line, a distance of 889.74 feet to the Southeast -comer -of said Southeast Quarter; thence South 89 degrees 37 minutes 52 seconds West along the South line of the Southeast Quarter of the said Southeast Quarter, a distance of 1333,88 feet to the Southwest corner of the said Southeast Quarter; thence North 00 degrees 21 minutes 03 seconds West along the West line of the Southeast . Quarter of the said Southeast Quarter, a distance of 1319.16 feet to the Northwest corner .of the Southeast Quarter of the said Southeast Quarter; thence South 89 degrees 30 minutes 45 seconds West along the South line of the Northwest Quarter of the said Southeast Quarter, a distance of 203.51 feet; thence North 26 degrees 29 minutes 53 seconds East, a distance of 168.64 feet; thence -South 63 degrees 30 minutes 07 seconds East, a distance of 181.90 feet to a point of curvature; thence easterly 226.55 feet along a curve to the' left having a radius of 840.00 feet, the chord of said curve bears South. 71 degrees 13 minutes 42 seconds East 225.86 feet to a point of tangency; thence South 78 degrees 57 minutes 17 seconds East, a distance of 123.19 feet to a point of curvature; thence southeasterly 343.91 feet along a curve to the right having a radius of 710.00 feet, the chord of said curve bears South 65 degrees 04 minutes 42 seconds East 340.56 feet to a point of tangency; thence South 51 degrees 12 minutes 06 seconds East, a distance -of 101.69 feet to a point of curvature; thence easterly 568:31 feet along a curve to the left having a radius of 840.00 feet, the chord of said curve bears South 70 degrees 35 minutes O1 seconds East 557.53 feet to a point of tangency; thence South 89 degrees 57 minutes 56 seconds East, a distance of 50.30 feet to the the point of beginning, containing 35.01 acres more or less.