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HomeMy WebLinkAboutOrdinances - ORD-05-1269 - 08/29/2005 - GRANT ZONING AND CUP OAKS AT IRISH PRAIRIE BUDRECKo,r4 to�1 ORDINANCE NO. ORD-05-1269 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT FOR THE OAKS OF IRISH PRAIRIE DEVELOPMENT LOCATED ON THE WEST SIDE OF BARREVILLE ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by Northern Trust Company as Trustee under the provisions of a certain Trust Agreement dated 12"' day of July, 1948 and known as Trust No. 18644, hereinafter referred to as the "OWNER", requesting a Zoning Map Amendment to IDD, Integrated Design District, a Conditional Use Permit to allow a planned residential development, along with approval of certain variances for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petitions was held before the Planning and Zoning Commission on March 17, 2005, 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 and Conditional Use Permit; 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 Amendment and Conditional Use Permit 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 PROPERTY be granted a Zoning Map Amendment to IDD Integrated Design District. SECTION 2: That the SUBJECT PROPERTY be granted a conditional use permit to allow a planned residential development, in accordance with the "Integrated District Design (IDD) Plan", dated March 1, 2005, attached hereto and incorporated by reference herein as Exhibit B, and "The Oaks at Irish Prairie Architectural Standards," dated May 16, 2006, attached hereto and incorporated by reference herein, as Exhibit C. 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: 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; 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: 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 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 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. 2 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 29TH DAY OF _ AUGUST , 2005 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: SANTI, GLAB, SCHAEFER, MURGATROYD. WIMMER. CONDON, IOW PETERSON NONE NONE NONE APPROVED THIS 29TH DAY OF ATTEST: C. CI ERK AUGUST ,2005 AYOR Exhibit A Legal Description of the SUBJECT PROPERTY PARCELI: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS. ALSO PARCEL 2: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS. ALSO PARCEL 3: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11 LYING WESTERLY OF THE CENTERLINE OF BARREVILLE ROAD, IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN McHENRY COUNTY, ILLINOIS. ALSO PARCEL 4: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS. ALSO PARCEL 5: THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER ALSO THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1 I ALL LYING WESTERLY OF THE CENTERLINE OF BARREVILLE ROAD, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS. 4 fie Ll ,I r) Lim a11;l o Ny t rV I D o w o b bQ O G1 ti J U fa4-J iy j c� U ✓ O co C) C� .421 } Jct •r �y �y I� per•, p.•J O a-d N C a� y U ✓� El v' L]. oct�- �, � � � o r o ct O +' -° > c o rA a C U o 'b CTZ r cn V ' CZ O E j E U cn ti . r. cn ran U ' rA cn cn n O `n } G cr c CZ rJ] C'S Qj :r > N cL'+ rn CIO 4 - ti ?, +• G rU r rn G f . rG O U O� G y r ti