HomeMy WebLinkAboutOrdinances - ORD-05-1249 - 03/07/2005 - GRAANT ZONING AND VARIANCES CUNAT FOR PATRIOT ESTAORDINANCE NO. ORD-05-1249
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND VARIANCES
FOR PROPERTY LOCATED ON THE EAST SIDE OF
CRYSTAL LAKE ROAD AND SOUTH OF BULL VALLEY ROAD,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Cunat, Inc. requesting a Zoning
Map Amendment to RS-3, Medium High -Density Single -Family Residential District and RM-2,
High Density Multi -Family, and Variances for Lot Width, and to Allow Multiple Buildings on a
Zoning Lot, for the property legally described on "Exhibit A", attached hereto and incorporated
herein; the "SUBJECT PROPERTY", and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on November 18, 2004, and on December 9, 2004, in the manner prescribed by
ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
recommended that the requested zoning map amendments and variances be approved; 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 Variances 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 PARCEL A of the SUBJECT PROPERTY, be granted a Zoning Map
Amendment to RS-3, Medium High Density Single -Family Residential District.
SECTION 2: That PARCEL B of the SUBJECT PROPERTY be granted a Zoning Map
Amendment to RM-2, High Density Multi -Family Residential District.
SECTION 3: 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 4: That PARCEL B of the SUBJECT PROPERTY be granted variances for
Lot Width and to allow multiple buildings on a single Zoning Lot, provided that development is
constructed in accordance with the Concept Plan attached hereto as Exhibit B (the "CONCEPT
PLAN').
SECTION 5: 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.
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.
2
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 7TH DAY OF MARCH 2O05
AYES: BOLGER, - LOW, MURGATROYD, WIMMER, PETERSON, CONDnN
NAYS: GLAB
ABSTAINED: NONE
ABSENT:
NONE
NOT VOTING: NONE
APPROVED THIS 7TH DAY OF MARCH , 2005
ATTEST:
CI CL
/�
-MAYOR
3
Exhibit A —
Legal Description of the SUBJECT PROPERTY
PARCEL A:
THAT PART OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST COENER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11
MINUTES 36 SECONDS WEST ALONG THE S OUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 4, 1294.30 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05
SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 100.01 FEET FOR THE PLACE OF
BEGINNING: THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG A
LINE 100.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 4, 1294.74 FEET; THENCE SOUTH 89
DEGREES 00 MINUTES 54 SECONDS WEST ALONG ALINE 100.00 FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,
752.89 FEET TO A POINT ALONG THE EASTERLY RIGHT OF WAY LINE OF CRYSTAL
LAKE ROAD; THENCE NORTH 38 DEGREES 06 MINUTES 57 SECONDS EAST ALONG
SAID RIGHT OF WAY LINE, 1805.79 FEET; THENCE SOUTH 52 DEGREES 30 MINUTES 47
SECONDS EAST, 896.71 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
NORTHERLY WITH A RADIUS OF 833.00 FEET, AN ARC LENGTH OF 353.30 FEET, SAID
ARC HAVING A CHORD BEARING OF SOUTH 64 DEGREES 39 MINUTES 48 SECONDS
EAST AND A CHORD LENGTH OF 350.66 FEET; THENCE SOUTH 07 DEGREES 51
MINUTES 14 SECONDS WEST, 700.35 FEET TO THE PLACE OF BEGINNING,
CONTAINING 41
PARCEL B:
049 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS.
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF,
SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER
OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,1294.30
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 4, 100.01 FEET FOR THE PLACE OF BEGINNING: THENCE NORTH 07 DEGREES
51 MINUTES 14 SECONDS EAST, 700.35 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE NORTHERLY WITH A RADIUS OF 833.00 FEET, AN
ARC LENGTH OF 271.35 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 86
DEGREES 08 MINUTES 45 SECONDS EAST AND A CHORD LENGTH OF 270.15 FEET;
THENCE NORTH 84 DEGREES 13 MINUTES 46 SECONDS EAST, 207.57 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 233.00
0
Legal Description of the SUBJECT PROPERTY, coat.
FEET, AN ARC LENGTH OF 186.49 FEET, SAID ARC HAVING A CHORD BEARING OF
SOUTH 72 DEGREES 50 MINUTES 27 SECONDS EAST AND A CHORD LENGTH OF 181.55
FEET; THENCE NORTHEASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 266.00 FEET, AN ARC LENGTH OF 190.34 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 72 DEGREES 18 MINUTES 48 SECONDS
EAST AND A CHORD LENGTH OF 186.30 FEET; THENCE SOUTH 01 DEGREES 50
MINUTES 18 SECONDS EAST, 66.29 FEET; THENCE EASTERLY ALONG A NON
TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN
ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 79
DEGREES 45 MINUTES 05 SECONDS EAST AND A CHORD LENGTH OF 41.09 FEET;
THENCE SOUTH 73 DEGREES 51 MINUTES 17 SECONDS EAST, 89.95 FEET; THENCE
EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 450.00 FEET,
AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 84
DEGREES 56 MINUTES 52 SECONDS EAST AND A CHORD LENGTH OF 173.16 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 28 SECONDS WEST, 668.49 FEET TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE
SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG SAID SOUTH LINE, 1223.53
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST, 100.01 FEET TO
THE PLACE OF BEGINNING, CONTAINING 20.430 ACRES MORE OR LESS, ALL IN
McHENRY COUNTY, ILLINOIS.
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND THE SOUTHWEST
QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST
CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS
WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,
70.77 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 28 SECONDS EAST, 668.49 FEET;
THENCE WESTERLY ALONG A NON TANGENTIAL CURVE CONCAVE NORTHERLY
WITH A RADIUS OF 450.00 FEET, AN ARC LENGTH OF 174.25 FEET, SAID ARC HAVING
A CHORD BEARING OF NORTH 84 DEGREES 56 MINUTES 52 SECONDS WEST AND A,
CHORD LENGTH OF 173.16 FEET; THENCE NORTH 73 DEGREES 51 MINUTES 17
SECONDS WEST, 89.95 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE
SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID
ARC HAVING A CHORD BEARING OF NORTH 79 DEGREES 45 MINUTES 05 SECONDS
WEST AND A CHORD LENGTH OF 41.09 FEET; THENCE NORTH 01 DEGREES 50
MINUTES 18 SECONDS WEST, 66.29 FEET; THENCE NORTH 22 DEGREES 06 MINUTES 11
SECONDS WEST, 301.56 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 28 SECONDS
EAST, 249.32 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89
DEGREES 06 MINUTES 37 SECONDS EAST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4,494.20
FEET; THENCE NORTH 89 DEGREES 16 MINUTES 26 SECONDS EAST ALONG THE
E
Legal Description of the SUBJECT PROPERTY, cont.
NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 3,1034.96 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF
THE CHICAGO & NORTHWESTERN RAIL ROAD COMPANY; THENCE SOUTH 29
DEGREES 12 MINUTES 22 SECONDS WEST ALONG SAID RIGHT OF WAY LINE,1337.83
FEET; THENCE SOUTHERLY ALONG THE SAID RIGHT OF WAY LINE, SAID LINE BEING
A CURVE CONCAVE EASTERLY WITH A RADIUS OF 5617.53 FEET, AN ARC LENGTH OF
180.94 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 28 DEGREES 17
MINUTES 00 SECONDS WEST AND A CHORD LENGTH OF 180.93 FEET, TO A POINT
ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 18 MINUTES 05 SECONDS
WEST ALONG THE SAID SOUTH LINE, 306.06 FEET TO THE PLACE OF BEGINNING,
CONTAINING 27.879 ACRES MORE OR LESS, ALL IN McHENRY COUNTY, ILLINOIS,
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Summary of the rules and regulations for developing a
55 and older community:
Development of the 55 and older community is governed by federal and state statutes and
regulations. The most important way to be sure that a developer follows the strict state and
federal laws is to implement covenants, conditions and restrictions that specifically address the
age -restricted guidelines and the enforcement of those guidelines. The three major requirements
that need to be followed are the definition requirement, the community's intent, and verification
of occupancy.
The authority to develop age -restricted communities lies within the Housing for Older Persons
Act, (42 USC 3607(b)(2)), which is found under the Federal Fair Housing Act. Under this Act,
"housing for older persons" is defined as housing intended and operated for occupancy by
persons 55 or older, and at least 80 percent of the occupied units are occupied by at least one
person who is 55 years or older. The Act does not specify that 80 percent of the units be owned
by someone 55 or older, just that they be occupied by someone 55 or older. If a unit is
temporarily vacant, at least one of the occupants immediately prior to the date on which the unit
was temporarily vacated must have been 55 or older. Housing satisfies these requirements even
though there are unoccupied units, provided that at least 80% of the occupied units are occupied
by at least one person 55 or older. Units may be occupied by employees of the community who
are under 55, provided the employees perform substantial duties related to the management or
maintenance of the community. The community may determine the age restriction, if any, for
units that are not occupied by at least one person 55 or older, so long as they comply with the
intent to operate as a 55 and older community (24 CFR § 100.305 (e)).
The Act also specifies that the housing community must publish and adhere to policies and
procedures that demonstrate its intent to act as a 55 and older community. The following factors
are considered relevant in determining whether the housing community has complied with the
Act: the manner in which the community is described to prospective residents; advertising; lease
provisions; written rules, regulations, covenants, deed or other restrictions; maintenance and
consistent application of relevant procedures; actual practices of the community; and public
posting in common areas of statements describing the community as housing for persons 55 or
older. Phrases such as "adult living", "adult community", or similar statements are not
consistent with the intent to operate as a 55 or older community (24 CFR § 100.306).
A housing community for persons 55 or older must be able to produce verification of occupancy
through the use of surveys and affidavits. The community shall develop procedures to routinely
determine the occupancy of each unit, including the identification of whether at least one
occupant of each unit is 55 years of age or older. The procedures must provide for regular
updates which must take place at least once every two years. The community must establish and
maintain appropriate policies to require that occupants comply with the age verification
procedures of this section. A summary of occupancy surveys shall be available for inspection
upon reasonable notice and request by any person (24 CFR § 100.307).
The existence of "significant facilities and services" designed to meet the physical or social
needs of older persons is no longer required under the Act.
A Declaration of Covenants, Conditions and Restrictions is prepared and recorded against all of
the lots in the subdivision to further enforce the developer's intent.
1900 S.F. SINGLE FAMILY RESIDENCE
PATRIOT ESTATES
MCHENRY, ILLINOIS
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Qulat Cunat, Inc.
5400 West Elm, Street Phn: 615385.3192
McHenry, II. 60050 Fax: 815.385-2068
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AGA ARCHITECTURAL DESIGN INC. *&
813 Woodridge Tr. Phn: 815363.1514 ARCHITECTURAL
McHenry, II. 60050 Fax:815363.1551 DESIGN
1800 S.F. SINGLE FAMILY RESIDENCE
PATRIOT ESTATES
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MCHENRY, ILLINOIS
1,814 SQ. FT.
PROPOSED FLOOR PLAN
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AGA ARCHITECTURAL DESIGN INC.
5400 West Elm, Street
313 Woodrl Va Tr. Phn: 815-383.1514
Phn: 81S38S3192 McHenry, 11. 60050 Fax: 815-363-1551
ARCHITECTt1RAL
DESIGN
McHenry, 11. 60050
Fax:815-3852068
1800 S.F. SINGLE FAMILY RESIDENCE
PATRIOT ESTATES
MCHENRY, ILLINOIS
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PROPOSED FRONT ELEVATION (ALT 'A')
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5400 West Elm, Street Phn: 815-385.3192
McHenry, II. 60050 Fax: 815.385-2068
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813 Woodridge Tr. Phn: 815-363.1514 j
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PATRIOT ESTATES
11
MCHENRY, ILLINOIS
1,700 SO. FT.
PROPOSED FLOOR PLAN
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PROPOSED FRONT ELEVATION
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813 Woodridge Tr. Phn: 815.363.1514 ARCHITECTURAL
5400 West Elm, Street Phn::15.385.3192 McHenry, 11. 80050 Fax: 875.383-1551 DES=
McHenry, 11. 60050 Fax: 815.385.2088
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PATRIOT ESTATES
MCHENRY, ILLINOIS
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AGA ARCHITECTURAL DESIGN INC.
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811 Woodrl n Tr. Phn: 815-383.1514
Phn: 815.385.1192 McHenry, 11. 60050 Fax: 815-36}7551
ARCHITECTURAL
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McHenry, 11. 60050
Fax: 815-3852068
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ADJOINED SINGLE FAMILY
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MCHENRY, ILLINOIS
PROPOSED FIRST FLOOR PLAN
S C A L E. 3/32'=1'-O'
PROPOSED FRONT ELEVATION
S C A L E- 3/32'=1'-O'
Cunat, Inc.
3400 West Elm Street Phn: 815-385-3192
McHenry, A. 6b050 Fax: 8, 5-385-2068
ADJOINED SINGLE FAMILY
PATRIOT ESTATES
C
MCHENRY, ILLINOIS
PROPOSED FRONT ELEVATION (ALT LOFT 1 SIDE)
PROPOSED FRONT ELEVATION (ALTERNATE 'A')
PROPOSED FRONT ELEVATION (ALTERNATE 'B')
Cunat, Inc.
5400 West Elm Street phn: 815-385-3192
McHenry, 11. 6b050 Fax: 815-385-2068
AGA ARCHITECTURAL DESIGN INC.
813 Woodridge Tr. phut 815-06}1514 ARCHITECTURAL
McHenry, IL 60050 Fax: 815-38}1551 DESIGN
4 UNIT TOWNHOME
PATRIOT ESTATES
MCHENRY, ILLINOIS
PROPOSED FRONT ELEVATION (SCHEME 'A')
SCALEt1'=20'-0'
PROPOSED FRONT ELEVATION (SCHEME'B')
S C A L E- 1'=20'-0'
PROPOSED FRONT ELEVATION (SCHEME 'C')
SCALEt 1'=20'-0'
QIML Cunat, Inc.
5400 West Elm, Street
McHenry, 11. 60050
Phn: 815-385-3192
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823 SQ. FT. END UNIT
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5400 West Elm, Street
McHenry, 11. 60050
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MCHENRY, ILLINOIS
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UNIT'A'
PROPOSED SECOND FLOOR
266 SQ. FT.
SCALE-V-8-0'
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5400 West Elm, Street Phn: 815.385-3192
McHenry, 11. 60050 Fax:815.385-2068
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PATRIOT ESTATES
NICHENRY, ILLINOIS
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UNIT 'B'
PROPOSED FIRST FLOOR
605 SQ. FT. INT UNIT
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Giulia Cunat, Inc.
5400 West Elm, Street Phn: 815-385-3192
McHenry, 11. 60050 Fax: 815-385-2068
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UNIT 'C'
PROPOSED FIRST FLOOR
605 SQ. FT. INT UNIT
SC ALE-1'=8'-0'
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813 Woodridge Tr. Phn: 815-363-151, ARCHITECTURAL
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PATRIOT ESTATES
MCHENRY, ILLINOIS
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McHenry, 11. 60050 F..:815-385.2068
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4 UNIT TOWNHOME
PATRIOT ESTATES
NICHENRY, ILLINOIS
UNIT 'D'
PROPOSED FIRST FLOOR
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5400 West Elm, Street Ph": 815-3135-3192 AaCHrrecTuwu
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MCHENRY, ILLINOIS
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Cunat Cunat, Inc.
5400 West Elm, Street Phn: 815-385-3192
McHenry, 11. 60050 Fax:815-385-2068
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5400 West Elm, Street Phn: 815-385-3192
McHenry, 11. 60050 Fax; 815-385-2068
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UNIT 'E'
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813 Woodridge Tr. Phn: 815.363-1514 ARCHITECTURAL
McHenry, 11.-60050 Fax: 815-363-1551 DESIGN
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S C A L E - 1'-8'-0'
Curiat Cunat, Inc.
5400 West Elm, Street Phn: 815-385-3192
McHenry, II. 60050 Fax:815-385-2068
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813 Woodridge Tr. Phn: 815-363.1314 ARCHITECTURAL
McHenry, II. 60050 Fax:815-363-1551 DESIGN