HomeMy WebLinkAboutOrdinances - ORD-07-1380 - 04/23/2007 - ZONING TP CURTIS COMMERCIALORDINANCE NO. ORD-07-1380
ORDINANCE GRANTING A ZONING MAP AMENDMENT
FROM 0-1 LOCAL OFFICE TO C-4 DOWNTOWN COMMERCIAL DISTRICT
AND A CONDITIONAL USE PERMIT FOR EXPANDED SITE PLAN REVIEW
IN THE DOWNTOWN OVERLAY DISTRICT TO ALLOW
A 4-STORY MIXED -USE BUILDING AT 1110 N. GREEN STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Curtis Commercial requesting a Zoning
Map Amendment from 0-1 Local Office to C-4 Downtown Commercial District and a Conditional Use
Permit for Expanded Site Plan Review in the Downtown Overlay District to allow a 4-Story Mixed -Use
Building 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 April 5, 2007, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Conditional Use Permit was (6-0) with one member absent; 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 is 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 is granted a Zoning Map Amendment to C-4
Downtown Commercial District.
SECTION 2: That the SUBJECT PROPERTY is granted a Conditional Use Permit for
Expanded Site Plan Review in the Downtown Overlay District to allow a 4-Story Mixed -Use Building in
substantial accordance with the plans submitted by the applicant, attached hereto as Exhibit B and subject
to the following conditions:
1) A landscaping plan shall be provided for review and approval by the Community Development
Department prior to the start of construction; and
2) Specifications for proposed signage for first floor tenants (size, color, etc.) shall be provided to
the Community Development Department for approval prior to the issuance of the first certificate
of occupancy for a commercial unit.
SECTION 3: In granting said Conditional Use Permit, the City Council finds that the proposed
development meets the review criteria for developments in the Downtown Overlay District and 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.
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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.
6. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 4: 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 5: 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 Ord— DAY OF A.RR 1 L 12007
AYES:
NAYS:
ABSTAINED:
ABSENT:
GLAB
NONE
CONDON
NOT VOTING: NONE
APPROVED THIS 23RD
ATTEST:
��C,
CITY CLE C
DAY OF APRI L
2
2007
2",v
MAYOR
EXHIBIT A
Legal Description of the Subject Property
Parcel 1: That part of the Southeast Quarter of Section 26 and part of the Northeast Quarter of Section
35, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing
at a point South 70 and % degrees East, 132 feet from a point North 32 and % degrees East, 68 feet from
the South X corner of said Section 26; thence North 19 and % degrees East, 135.10 feet to a point in the
southerly line of private lane (now vacated) as shown in Plat of Venice Park Addition; thence
southeasterly parallel to the North line of Waukegan Road, 56 feet to a point, thence South 19 and
degrees West 135.1 feet to the North line of Waukegan Road; thence Northwesterly along the North
line of Waukegan Road 56 feet to the Place of Beginning, in McHenry County, Illinois.
Parcel 2: That part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at a stake which stands North 32 and 0 degrees
East, 68 feet from the South Quarter corner of said Section 26; thence South 70 and 0 degrees East, 132
feet, thence North 19 and degrees East, 135.10 feet to a point in the southerly line of private lane
(now vacated) as shown in Plat of Venice Park Addition; thence northwesterly along the southerly line of
said private lane (now vacated), 44.37 feet; thence northeasterly at right angles to the last described
line 30 feet to a point in the northerly line of said vacated private land, said line also being the southerly
line of Lot 1 in Block 2 in Venice Park Addition; thence northwesterly along the southerly line of Lot 1,
44.43 feet to the Southwest corner of said Lot 1: thence northeasterly along the westerly line of said Lot
1, 101.55 feet; thence northwesterly 112.2 feet to a point in the easterly line of Green Street, said point
being 145.61 feet northeasterly from the angle point in said Green Street; thence southwesterly along
the easterly line of Green Street 145.61 feet to an angle point; thence South 157.53 feet along the East
line of said Green Street to the Place of Beginning, in McHenry County, Illinois.
Parcel 3: That part of Lot 1 in Block 2 in Venice Park Addition to McHenry, Unit No. 1, a Subdivision of
part of the Southeast Fractional Quarter of Section 26 and part of the Northeast Fractional Quarter of
Section 35, Township 45 North, Range 8 East of the third Principal Meridian, according to the plat
thereof recorded February 25, 1941 as Document No. 152920 in Book 7 of Plats, page 68, described as
follows: Beginning at the point of intersection of the southerly line of Boone Lagoon with the westerly
line of said Lot .1 and running thence South 28 degrees and 31 minutes West, on the West line of said Lot
1, for a distance 48.41 feet to a point; thence southeasterly on a line forming an angle of 106 degrees
and 38 minutes to the left, with a prolongation of the last described line, at the last described point, for
a distance of 31.97 feet to a point; thence northeasterly on a line forming an angle of 83 degrees 35
minutes 50 seconds to the left with a prolongation of the last described line, at the last described point,
for a distance of 43.17 feet to the southerly line of said Boone Lagoon; thence northwesterly on the
southerly line of said Boone Lagoon for a distance of 23 feet to the Place of Beginning, in McHenry
County, Illinois.
Parcel 4: That part of Lot 1 in Block 2 in Venice Park Addition to McHenry, Unit No. 1, a Subdivision of
part of the Southeast Quarter of Section 26 and part of the Northeast Quarter of Section 35, all in
Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded
February 25, 1941 as Document No. 152920 in Book 7 of Plats, page 68, described as follows: Beginning
at the Southwest corner of said Lot 1; thence North 28 degrees 42 minutes 56 seconds East along the
West line of said Lot 1, a distance of 62.27 feet; thence South 77 degrees 55 minutes 04 seconds East, a
distance of 31.97 feet; thence South 17 degrees 32 minutes 13 seconds West, a distance of 64.82 feet to
the South line of said Lot 1; thence North 71 degrees 33 minutes 47 seconds West along said South line,
a distance of 43.90 feet to the Place of Beginning, in McHenry County, Illinois.
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