HomeMy WebLinkAboutOrdinances - ORD-03-1176 - 08/04/2003 - GRANT ZONING CUP AND VARIANCES; APPROVE PREL PLATORDINANCE NO. ORD-03-1176
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT,
CERTAIN VARIANCES AND APPROVAL OF THE PRELIMINARY PLAT OF FOXCROFT
RIDGE SUBDIVISION LOCATED EAST OF CRYSTAL LAKE ROAD, ON THE NORTH SIDE
OF BULL VALLEY ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Professional Realty Development Corporation,
the "CONTRACT PURCHASER", requesting a Zoning Map Amendment to RM-2, High -Density
Multi -Family Residential, 0-1, Local Office and 0-2, Office Park. District, approval of a
Conditional Use Permit to allow an assisted/congregate living facility, approval of certain
Variances and approval of a Preliminary Plat of Subdivision to the property legally described on
"Exhibit A" (Parcel 1, Parcel 2 and Parcel 3) attached hereto and incorporated herein; the
UBJECT PROPERTY'; and
WHEREAS, a public hearing on said petitions was held before the Planning and Zoning
Commission on June 26, 2003, 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 Amendment, the
Conditional Use Permit, Variances and approval of said Preliminary Plat; and 11; bi + $
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, Variances and Preliminary Plat 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 portion of the SUBJECT PROPERY described as Parcel 1 be
granted a Zoning Map Amendment to RM-2, High -Density Multi -Family Residential, the portion
of the SUBJECT PROPERTY described as Parcel 2 be granted a Zoning Map Amendment to
0-1, Local Office and that the portion of the SUBJECT PROPETY described as Parcel 3 be
granted a Zoning Map Amendment to 0-2, Office Park District.
SECTION 2: That the portion of the SUBJECT PROPERT described as Parcel 1 be
granted a Conditional Use Permit to allow the development of an assisted/congregate senior
living facility with the condition that Parcel 1 be developed in substantial conformance with the
site plan prepared by Condon Consulting Engineers and the landscape plan prepared by
Nierman Landscaping and Design, Inc. both dated 5/9/03 and bearing a latest revision date of
5/12/03 and the building elevations dated 5/9/03 as submitted, collectively (the "SITE PLAN"),
attached hereto and incorporated herein by reference as Exhibit "C".
SECTION 3: That the following Variances be granted to the SUBJECT PROPERTY.
Variance from the RM-2 zoning district height requirements to allow the
proposed building on Parcel 1 to be no more than forty-five (45) feet in
height.
2. Variance from the RM-2 lot area/dwelling unit requirements to allow no
more than two hundred thirty (230) residents on Parcel 1.
3. Variance from the residential district parking requirements to allow no less
than one hundred twenty-six (126) parking spaces on Parcel 1.
4. Variance from the frontage requirements to allow frontage on a private
roadway for Parcel 1.
5. Variance from the 0-1 district lot width requirements to allow a no less
than one hundred thirty-nine (139) foot lot width for Parcel 2.
SECTION 4: That the Preliminary Plat entitled "PRELIMINARY PLAT — FOXCROFT
RIDGE", prepared by Condon Consulting Engineers, dated 5/9/03, and bearing a latest revision
date of 5/12/03 be and the same is hereby approved.
SECTION 5: 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 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 6: 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
0.
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 7: In granting said Variances, 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.
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.
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SECTION 8: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 9: 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 10: 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 4TH DAY OF AUGUST , 2003
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON
NAYS: NONE
ABSTAINED: NONE
ABSENT: CONDON
NOT VOTING: NONE
APPROVED THIS 4TH DAY OF AUGUST , 2003
ATTEST:
to
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MAYOR
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Exhibit A
LEGAL DESCRIPTION
of the SUBJECT PROPERTY
PARCEL 1
Part of Government Lot 1 ofthe Northeast Quarter and part oftheNortheast Quarter ofthe Southeast
Quarter of Section 4, Township 44 North, Range 8, East of the Third Principal- Meridian, being
described -as follows: Commencing at the Southeast comer of said Government Lot 1 of the
Northeast Quarter, thence North 00' degrees 04 minutes 53 seconds West along the East line thereof,
333.30 feet, thence South 88 degrees 29 minutes 57 seconds West, 92.44 feet to the Place of
Beginning; thence continuing South 88 degrees 29 minutes.57 seconds West, 820.15 feet to the
Northeast corner of the property described in Document No. 95R032560;,thence South 00 degrees 18
minutes 45 seconds East along the East line thereof, 440.39 feet; thence'South 86 degrees 26 minutes
31 seconds East, 122.17 feet; thence North 77 degrees 31 minutes 11 seconds East, 247.83 feet;
thence -North 73 degrees 31 minutes 06 seconds East, 268.20 feet; thence South 16 degrees 22
minutes 18 seconds East, 161.36 feet to the North right-of-way line of Bull Valley Road; thence
North 72 degrees 57 minutes 09 seconds East along said right-of-way line,158.47 feet to aline 92.44
feet West of and parallel with the East line of said Government Lot 1 of the Northeast Quarter,
thence North 00 degrees 04 minutes 53 seconds West along said parallel line, 433.00 feet to the
Place -of Beginning, in McHenry County, Illinois. .
Parcel 2
-Rant ofQoverffmm nt_Lot4__oftheNo#heast Quarter-and-part-oftherNoiU east Quarter-0fthe-Southeast
Quarter of Section 4, Township 44 North, Range 8, East of the Third Principal 'Meridian, being
described as follows: Commencing at the -Southeast corner of said Government Lot 1 of the
Northeast Quarter; thence North 00 degrees 04 minutes 53 seconds West along the East line thereof,
333.30 feet; thence South 88 degrees 29 minutes 57 seconds West, 912.59 feet to the Northeast
corner of the property described in L)oeument No. 95R032560; thence South 00 degrees 18 minutes
45 seconds East along the East line thereof, 440.39 feet to the Place of Beginning, thence South 86
degrees 26 minutes 31 seconds East, 122.17 feet; thence South 07 degrees 53 minutes 43 seconds
East, 162.88 feet to the North right-of-way line of Bull Valley Road; thence Westerly, 143.77 feet
along said right-of-way line, being along a non -tangent curve to the right, having a radius of
1,382.40 feet, chord length of 143.71 feet and bears South 86 degrees 22 minutes 56 seconds West to
the East line of the property described in Document No. 95R032560; thence North 00 degrees 18
minutes 45 seconds West along said line, 235.98 feet to the Place of Beginning, in McHenry
County, Illinois.
Parcel 3
Part of Government Lot 1 oftheNortheast Quarter and part ofthe Northeast Quarter ofthe Southeast
Quarter of Section 4, Township 44 North, Range 8, East of the Third Principal Meridian, being
described as follows: Commencing at the Southeast comer of said Government Lot ' 1 of the
Northeast Quarter; thence North 00 degrees 04 minutes 53 seconds West along the East line thereof,
333.30 feet; thence South 88 degrees 29.minutes 57 seconds West, 912.59 feet to the Northeast
corner of the property described in Document No. 95R032560; thence South 00 degrees 18 minutes
45 seconds East along the East line thereof, 440.39 feet; thence South 86 degrees 26 minutes 31
seconds East, 122.17 feet to the Place of Beginning, thence North 77 degrees 31 minutes 11 seconds
East, 247.83 feet; thence North 73 degrees 31 minutes 06 seconds East, 268.20 feet; thence South 16
degrees 22 minutes 18 seconds East,161.36 feet to the North right-of-way line of Bull Valley Road;
thence. South-72 degrees 57 minutes 09 seconds West along said right-oftvay line, 288.49- feet;
thence Westerly, 252.14 feet along said right-of-way line, being along a curve to. the right, having a
radius of 1,382.40 feet, chord length of 251.79 feet and bears South 78 degrees 10 minutes 39
seconds West; thence North 07 degrees-.53 minutes 43 seconds West, 201.25 feet to the Place of
Beginning, in McHenry County, Illinois.
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