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.
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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.
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