HomeMy WebLinkAboutOrdinances - ORD-09-1477 - 08/03/2009 - GRANT CUP FOR MONOPOLE FACILITY VERIZON AT 1415 INORDINANCE NO. ORD-09-1477
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A MONOPOLE
WIRELESS TELECOMMUNICATIONS FACILITY, AN HEIGHT VARIANCE AND SETBACK
VARIANCES FOR THE PROPERTY LOCATED AT 1415 INDUSTRIAL DRIVE, IN THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Verizon Wireless for a Conditional Use Permit to
allow a monopole wireless telecommunications facility, an height Variance and setback Variances for the property
legally described on Exhibit "A", attached hereto and incorporated herein, the "SUBJECT PROEPRTY" in
accordance with the "SITE PLAN" attached hereto and incorporated herein as Exhibit "B"; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on
June 4, 2009, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and
Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit and
Variances; and
WHEREAS, the City Council has considered the evidence and recommendation from the Planning and
Zoning Commission and finds that the approval of the requested variances 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 l_ That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow a
monopole wireless telecommunications facility on the SUBJECT PROPERTY.
SECTION 2_ 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;
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 3_ That the SUBJECT PROPERTY is hereby granted Variances for height to allow a 100'
telecommunications tower and setback on the south and east property lines to allow the construction of the
monopole wireless tellecommunications facility in accordance with Exhibit `B".
SECTION 4_ 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 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.
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 and APPROVED this 3' day of August, 2009
AYES: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
NAYS: None.
ABSTAINED: None.
ABSENT: Schaefer.
NOT VOTING: None.
MAYOR
ATTEST:
Cury C ERK
PROPOM LEASE AREA DESCRIPTION:
THAT PART OF THE EAST HALF' OF THE SOUTHEAST DUARTER OF SECTION 27, TOWSKP 45 NORTH. RANGE 8 EAST OF THE 114IRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLDNS COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST OUARTfR; THENCE SOUTH 89 DEGREES 10 MINUTES 43 SECONDS
NEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 512.18 FEET TO THE NORTHEAST CORNER OF HEREON DESCRIBED PARENT PARCEL; THENCE
SOUTH 00 DEGREES 49 WNUTES 27 SECONDS EAST ALONG THE EAST LINE OF SAID PARENT PARCEL 53B.57 FEET; THENCE NORTH 88 DEGREES 46
MINUTES 53 SECONDS HEST. 100.63 FEET TO THE POINT OF BEGINNING; THENCE SOUTH Di DECREES 12 MINUTES 35 SECONDS WEBT 40.00 FEET, -
THENCE NORTH 88 DEGREES 41S MINUTES 53 SECONDS WEST, 40.00 FEET; THENCE NORIH 01 DECREES 12 MINUTES 35 SECONDS EAST. 40,00 FEET;
1HENCE SOUTH 88 DEGREES 415 MINUTES 53 SECONDS EAST, 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1600.00 SQUARE FEET, ALL IN
MCHENRY COUNTY, ILUNOM
PROPOSED ACCESS EASEiLENT DESCRIPTION
THAT PART OF THE EAST HALF' OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: CDMl TNCJNO AT THE NORTHEAST CORNETT .OF SAID SOUTHEAST QUARTER, THENCE SOUTH 119 DEGREES 10 MINUTES 43 SECONDS
NEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, SIZ18 FEET TO THE NORTHEAST CORNER OF HEREON DESCRIBED PARENT PARCEL; THENCE
SOUTH 00 DEGREES 49 MINCES 27 SECONDS EAST ALONG THE EAST LINE OF SAID PARENT PARCEL SX57 FEET; THENCE NORTH 88 DEGREES 46
MINUTES 53 SECONDS I= 114.01 FEET TO A POINT ON THE NORTH LINE OF HEREON DESCRIBED LEASE AREA, SAD POINT ALSO BEING THE POINT OF
SECHNING; 'HENCE CONTINUING NORTH 88 DEGREES 46 MINUiu 53 SECONDS WEST ALONG SAID NORTH LINE, 12.00 FEET; THENCE NORTH 01 DEGREES
12 MINUTES 35 SECONDS EAST, 18A5 FEET; TFENCE NORTH 88 OEM= 36 MINUTES 53 SECONDS WEST, 30D,53 FEET TO THE EAST LINE OF OAK
DRIVE; THENCE NORTH OS DEGREES 21 MINUTES 05 SECONDS EAST ALONG SAID EAST LINE, 12M FEET- THENCE SOUTH 86 DEGREES 36 MINUTES 53
SECONDS EAST. 311.56 FEET; THENCE SOUTH 01 DEGREES 12 MINUTES 35 SECONDS WESr. 2802 FEET TO THE POINT OF BE NNN1NC, CONTAINING 3957.51
SQUARE fEiT, ALL N MCKENRY COUNTY, LL1140S
PROPOSED UTILITY EASEMENT comma
iHAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SWINEAST 9UARTFR; THENCE SCTIA 89 DEGREES 10 MINUTES 43 SECONDS
WEST ALONG THE NORTH LSE OF SAID SOUTHEAST QUARTER, 51ZIB FEET TO THE NORTHEAST CORNER OF HEREON DESCRIBED PARENT PARCEL; THENCE
SOUTH 00 DEGREES 49 MNUTES 27 SECONDS EAST ALONG THE EAST LINE OF SAD PARENT PARCEL 544.25 FEET TO A POINT ON THE NORTH LINE OF
BOOK CREF]C PLAZA SUBDIVISION, AS RECORDED MAY 6. 1983 AS DOCUMENT NUMBER 854493• THENCE NORTH 88 DEGREES 22 MINUTES 55 SELLS
WEST ALONG SAD NORTH LANE. VIA FEET; THENCE SOUTIA 01 DEGREES 39 MINUTES 28 SKIDS WEST ALONG NEE WEST LDIE OF SAM 80011E CREEK
PLAZA SUBDIVISION. 5t.B9 FEE'P, THENCE NORTH IN DEGREES 23 MINUTES 04 SECONDS WEST ALONG THE NORTH LINE OF SAID BOONS CREEK PLAZA
SUBDIVISON, 36.33 FEET; THENCE NORTH Di DEGREES 12 MDMlTES 35 SECONDS EAST, 8.75 FEET TO THE POINT OF BECNNINC THENCE NORTH 88
DEGREES 50 MINUTES D4 SECONDS WEST. 29A23 FEET TO A POINT ON THE EAST LINE OF OAK DRIVE; THENCE NORiN 05 DEGREES 211 MINUTES 05
SECONDS EAST ALONG SAID FAST LINE. 42.58 FEET` IHENCE SOUTH 88 DECREES 23 MATTES 04 SEC*W EAST, 20M FEETI THENCE SOUTH 05
DEGREES 21 MINUSES 05 SECONDS WESL 34.40 FEET TO A POINT ON iNNE SOUTH LINE CP THE HEREON EON DESCRIBED LEASE AREA MOM VE:S1ERLY:
TJOCE SOUTH 88 DEGREES 50 M10001 04 SECONDS EAST ALONG SAID LINE, 276.80 FEET; THENCE SOUTH 01 DEGREES 12 MINUTES 35 SECONDS WEST,
8.D0 FEET 70 THE POINT OF BEW4K CONTNNNQ 3,051.17 SQUARE FEET, ALL IN MCVIRY COUNTY, WNW
PARENT PARCEL DFSCRIP110 ;
THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27. MVNS14P 45 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN.
DESCRIBED AS FSILM COMMENCING AT 1NE NORTHEAST CORNER OF SAID SOUTHEAST WARiER; THENCE BEARING SOUTH 89 DECREES 31 MINUTES 30
SECONDS WEST. AI.OMC THE NORTH LINE OF SAID SOUTHEAST QUARTER, 512-IB FEET TO THE PLACE OF BEGINNING; THENCE SOUTH 00 DEGREES 28
MINLITFS 40 SECONDS EAST, 541.68 FEET 70 THE NORTH LINE OF HOME a,= PLAZA SUBDIVISiON, AS RECORDED MAY 6, 190 AS DOCUMENT NUMBER
95442%3; THENCE WESTERLY ALONG THE NORTH LINE OF SAID BOONS CREEK PLAZA TO THE NORTHWEST CORNER OF 64 BOONE CREEK PLAZA, AND THE
EASTSLY RIGHT OF WAY LINE OF INDUSTRIAL QElIVE AS DEDICATED BY DOCUMENT RECORDED APRIL 106 1972 AS DOCUMENT NUMBER 364046; THENCE
NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, B3.72 I = THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE 70 THE RIGHT, SAD CURVE
HAYING A RAMA OF 71L99 FEET. AN ARC OF 116.88 FEET AND A CHORD BEARING NORTH 47 DECREES 25 MINUTES 05 SECONDS EAST. 105.17 FEET;
THENCE WORTH 69 MIVIEES 01T MINUTES 19 SECONDS EAST ALONC SAID RIGHT OF WAY LINE. 181.75 FEET; THENCE NORTH 00 DEGREES 50 MINUTES 41
SECONDS WEST. ALONG $AND NGHT OF WAY UNE, 3300 FIST. THENCE SOUTH 89 DEGREES 09 MINUTES 19 SECONDS WESTT, ALONG SAID RIGHT OF WAY
LINE, 181.76 FWt THENCE SOUTrKTBIERLY ALONG THE ARC OF A CURVE TO THE LEFT SAID CURVE HAVING A RAOIU$ OF 110.00 FEET, AN ARC OF
121LM FEET, AND A CHORD BEARING SOUTH 'SIB i>EGREFS 59 MNLSIES 11 KOO" NEST, 119.35 FLEET; TO A PINT ON A 307Z FEET RADIUS CURVE,
THE CENTER OF OR= OF SAID CURVE BEARS SOUTH 66 DECR= 36 MINUTES 04 SECONDS WEST FROM FROM SAID POINT, SAID POINT BEWC ON THE
EASTERLY RoIT OF WAY OF PLAT OF DEDICATION AND EASEMENT RECORDED DECEMBS 24, 1942 AS DOCUMENT NO, 92R-071409; THENCE NORTEERLY
ALONG THE ARC OF SAID CURIE =59 FEET, AND A CHORD BEARING NORTH 25 DECREES 19 MINUTES 07 SECONDS. 20.69 FEET TO A POINT OF
REVERSE MWATURE; MICE ALONG A 31&15 FDOT RADIUS CURVE CONCAVE NORTHEASTERLY HAVING AS ARC OF 150.52 FEET, A CHORD BEARING
NORTH 12 DEORCES, 35 MINUTES, 57 SECONDS WEST, 14LIO FEET; THENCE NORTH 00 DECREES 02 MINIIIIS 26 SECONDS EAST. ALONG SAD RIGHT OF
WAY UNE. 20-87 FEET TO ZH: NORIN LIE OF THE SOUTHEAST QUARTER AFORESAID; THE? E NORTH 09 DEGREES 31 MINUTES 30 SECONDS EAST
ALONG SAID NORTH LINE 7 THE SOUTHEAST QUARTER 485.96 FEET 10 THE PLACE OF BEGINNINGti W MCHENRY COUNTY, "OIL
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