No preview available
HomeMy WebLinkAboutOrdinances - ORD-11-1546 - 08/15/2011 - ZONING MAP AMEND AND VARIANCES MTFPDORDINANCE NO. ORD-11-1546 AN ORDINANCE GRANTING ZONING MAP AMENDMENT, AMENDING AN EXISTING CONDITIONAL USE PERMIT AND GRANTING VARIANCES FOR THE PROPERTY LOCATED AT 3610 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article V Il, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by McHenry Township Fire Protection District, requesting an amendment to an existing conditional use pennit, approved by Ordinance 0-87-424, to allow additional property and expansion of the existing building, zoning map amendment and variances 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 July 7, 2011, 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 zoning map amendment and amendment to the existing conditional use permit and variances; 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 amendment to the existing conditional use permit, zoning map amendment and 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 ITORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION I: That the SUBJECT PROEPRTY is hereby granted a Zoning Map Amendment for Parcel 7 from RM-2 High -Density Multi -Family Residential to C-5 Highway Commercial and for Parcels 1 and 5 from RS-4 High -Density Single -Family Residential to C- 5 legally described on attached Exhibit A. SECTION 2: 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 2: That the SUBJECT PROEPRTY is hereby granted an amendment to conditional use permit authorized by 0-87-424, conditional public use, to allow a building addition and site expansion (Parcels 1-7) in substantial accordance with the geometric site plan and building elevations prepared by 222 Architects dated June 24, 2011 consisting of two sheets and the landscape plan prepared by uplandDesign lid dated June 29, 2011 consisting of two sheets (collectively "SITE PLAN"). SECTION 3: In granting said Amendment to the existing 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 ar= 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 4: That the SUBJECT PROEPRTY is hereby granted approval of variances to the landscaping and screening ordinance to allow the development of the subject property in substantial accordance with the SITE PLAN with the following conditions: a four -foot high solid wooden fence be erected on the proposed retaining along the entire length of the northern property line and a contribution be made to the City in lieu of installation of a commercial sidewalk from the existing sidewalk terminus at the southern end of Freund Avenue on the east side to the northern property boundary on the east side of Freund Avenue (S6/square foot). SECTION 5: That the SUBJECT PROEPRTY is hereby granted approval of variances to the off-street parking and loading requirements to allow a third driveway, in substantial conformance with the SITE PLAN, and increase in width for a non-residential driveway. SECTION 6: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: I . 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 7: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: 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 15 r" DAY OF AUGUST, 2011 AYES: Santi, Schaefer, Blake, Wimmer NAYS: Glab, Peterson ABSTAINED: None ABSENT: Condon NOT VOTING: None 'L.' e Z'— MAYOR ATTEST: e. CITY L K l� Exhibit A Legal Description of the SUBJECT PROPERTY Parcel I Lot 8 (except the east 150 feet thereof) in Block 1 in Owen's Outlets to McHenry in Section 26, township 45 north, range 8 east of the third principal meridian, according to the Plat thereof recorded October 27, 1876 in Book 59 of Deeds, page 265, in McHenry County, Illinois. Also a part of Lot 2 of the County Clerk's Plat of the south half of Section 26, township 45 north, range L of the third principal meridian, according to the Plat thereof recorded May 6, 1902 as Document no 14084, in Book 2 of Plats, page 38, described as follows: Commencing at the northwest corner of the aforesaid Lot 8 and running thence west along an extension of the north line of said lot, a distance of 108 feet, more or less, to the edge of the Mill Pond; thence southerly along the edge of the Mill Pond to a point where the south line of said Lot 8, if extended west, would intersect said edge of the Mill Pond; thence east on a line parallel with the north line of said Lot to the southwest corner thereof; thence north along the west line of said Lot, a distance of 66 feet, more or less, to the place of beginning (Except that part which may fall within the bounds of or west of the east line of Freund Avenue, as designated and shown on the Plat of A.P. Freund's Mill Stream Park Addition, Unit No 1), in McHenry County, Illinois. Parcel 2 Part of Lot 9 of Owen's Outlots, McHenry, Also part of Lots 2 and 3 of the County Clerk's Plat of the south half of Section 26, Township 45 north, range 8 east of the third principal meridian in the City of McHenry in County of McHenry, Illinois, described as follows: Beginning on the north line of Lot 9 of Owen's Outlets, aforesaid at a point a distance of 160 feet west from the northeast comer thereof; thence west on a continuation of said Lot line, a distance of 165.4 feet to an intersection with the easterly meander line of the former Borden Property; thence southeasterly along the easterly boundary of said property, being on a line forming an angle of 120 degrees and 17 minutes to the left, with a prolongation of the last described line, a distance of 29.15 feet; thence southerly along the easterly boundary of said Borden Property, being on a line forming an angle of 29 degrees and 55 minutes to the right, with a prolongation of the last described line, a distance of 132 feet; thence easterly on a line forming an angle of 97 degrees and 45 minutes to the left, with a prolongation of the last described line, a distance of 39.12 feet; thence southeasterly a distance of 4 feet to a point 57.39 feet northerly (measured at right angles) from the centerline of the Highway U.S. No 31; thence easterly along the northerly right-of-way line of said highway. A distance of 34.3 feet to a point 45.3 feet northerly (measured at right angles from the centerline of said highway); thence northeasterly along the northerly right-of-way of said highway, being on a line forming an angle of 15 degrees and 07 minutes to the left, with a prolongation of the last described line, a distance of 53.95 feet; thence northeasterly on the northerly right-of-way line of said highway, being on a line forming an angle of 05 degrees and 43 minutes to the left, with the prolongation of the last described line, a distance of 24.7 feet; thence northerly on a line forming an angle of 71 degrees and 48 minutes to the left, with a prolongation of the last described line, a distance of 137.7 feet to the place of beginning. EXCEPTING: Part of Lots 2 and 3 of the County Clerk's Plat of the south half of Section 26, township 45 north, range 8 east of the third principal meridian in the City of McHenry, county of McHenry and State of Illinois, described as follows: Commencing at the northwest corner of Lot 9 of Owen's Outlets; thence west on a continuation of the said lot line, a distance of 16.37 feet to a point for a place of beginning; thence west on a continuation of the last described line, a distance of 45.03 feet to a point on the easterly boundary of the former Borden Property; thence southeasterly along the easterly boundary of said property, being on a line forming an angle of 120 degrees and 17 minutes to the left, with a prolongation of the last described line, a distance of29.15 feet; thence southerly along the easterly boundary of said Borden Property, being on a line forming an angle of 29 degrees and 55 minutes to the right, with a prolongation of the last described line, a distance of 132 feet; thence easterly on a line forming an angle of 97 degrees and 45 minutes to the left, with a prolongation of the last described line, a distance of 30 feet; thence north a distance of 152.8 feet to the place of beginning, all in the County of McHenry, in the State of Illinois. Parcel 3 Part of Lot 3 of the County Clerk's Plat of the southwest quarter of Section 26, township 45 north, range 8 east of the third principal meridian, in the City of McHenry, County of McHenry, and State of Illinois, described as follows: Commencing at the southeast comer of a certain tract of land conveyed by McHenry Fire Protection District to Anton P. Freund by Quit Claim Deed dated February 14, 1946 and recorded in the Recorder's Office of County and State aforesaid in Book 280 of Deeds, page 429; thence easterly being on a continuation of the southerly line of said tract of land conveyed as aforesaid, a distance of 9.12 feet to an intersection with the northerly boundary of the state highway, now known as Routes 31 and 120; thence westerly along the northern boundary of said state highway, a distance of 9.32 feet more or less to an intersection with the easterly line of the aforesaid tract of land conveyed as aforesaid, extended southerly: thence northerly, a distance of 0.68 of a foot more or Tess to the place of beginning. Parcel 4 Part of the southwest quarter of Section 26, township 45 north, range 8 east of the third principal meridian, also being a part of Lot 3 of the County Clerk's Plat and part of Lot 9 of Owen's Outlots in the City of McHenry in McHenry County, Illinois, described as follows: Beginning at the northeast comer of Lot 9 of Owen's Outlots aforesaid; thence west on the north line of thereof, a distance of 160 feet; thence south at right angles to said line, a distance of 137.7 feet to an intersection with the northerly right-of-way line of the highway now known as Route 31; thence northeasterly along the right-of-way line of said highway, a distance of 101.72 feet to a point of curvature; thence northerly along the right-of-way line of said highway, being a curved line to the left (with a radius of 92.3 feet) for a distance of 115.7 feet to a point of tangency; thence north in a straight line, a distance of 18.1 feet to the place of beginning. Parcel 5 Part of Lot I of the County Clerk's Plat of the southwest quarter of Section 26, township 45 north, range 8 east of the third principal meridian, described as follows: Beginning at the northwest corner of Lot 6 of Owen's Outlets according to the Plat thereof recorded October 27, 1876 in book 59 of Deeds, page 265, and running thence west to the easterly line of Lot 5 of said County Clerk's Plat; thence south 27 degrees east to a point due west of the northwest corner of Lot 8 of said Owen's Outlots; thence east a distance of 108 feet to the northwest corner of said Lot 8; thence north along the west line of Lots 7 and 6 of said Owen's Outlets, a distance of 132 feet to the place of beginning, said County Clerk's Plat being recorded on May 6, 2901 as Document No 14084 in Book 2 of Plats, page 38, in McHenry County, Illinois. Parcel 6 The east 150.00 feet of Lot 8 in Block I in Owens' Outlots to McHenry, a subdivision of part of the southwest quarter of Section 26, township 45 north, range 8 east of the third principal meridian, according to the Plat thereof recorded October 27, 1876, in Book 59 of Deeds, Page 265, in McHenry County, Illinois. Parcel 7 Lot 7 in Block I in Owen's Outlots to McHenry, s subdivision of part of the southwest quarter of Section 26, township 45, range 8 east of the third principal meridian, according to the Plat thereof recorded October 27, 1876 in Book 59 of Deeds, Page 265, in McHenry County, Illinois. Consolidation Legal Description Lots 7, 8 and 9 in Block I of Owen's Outlots to McHenry, a subdivision of part of the southwest quarter of Section 26, township 45 north, range 8 east of the third principal meridian, according to the plat thereof recorded October 27, 1876 in Book 59 of Deeds, page 265, in McHenry County, Illinois. Also, parts of Lots 2 and 3 of the County Clerk's Plat of the south half of Section 26, township 45 north, range 8 east of the third principal meridian, according to the plat thereof recorded May 6, 1902, as Document No 14084, in Book 2 of Plats, page 38, generally lying north of Illinois Route 120 (Elm Street) and east of Freund Avenue, in the City of McHenry, McHenry County, Illinois, more particularly as follows: Beginning at the northwest comer of Lot 7 in block I in Owen's Outlots to McHenry, a subdivision of part of the southwest quarter of Section 26, township 45 north, range 8 east of the third principal meridian, according to the plat thereof recorded October 27, 1876 in Book 59 of Deeds, page 265; thence south 00 degrees 09 minutes 38 seconds east (basis if hearing is Illinois State Plane Coordinate System (NAD 83-97 Rev), East Zone) along the wst right-of- way line of Illinois Route 31 (Richmond Road), a distance of 150.05 feet; thence southwesterly along a curve, said curve being along the northwesterly right-of-way Illinois Route 31 (Richmond Road) and Illinois Route 120 (Elm Street) a distance of 115.89 feet along a tangent curve to the right, having a radius of 92.30 feet, the chord of said curve bears south 35 degrees 48 minutes 30 seconds west, with a chord distance of 109.42 feet; thence south 71 degrees 46 minutes 38 seconds west along the northerly right-of-way of Illinois Route 120 (Elm Street), a distance of 126.36 feet; thence south 77 degrees 29 minutes 38 seconds west along the northerly right-of-way of Illinois Route 120 (Elm Street), a distance of 53.95 fem thence north 87 degrees 23 minutes 22 seconds west along the northerly right-of- way of Illinois Route 120 (Elm Street), a distance of 34.30 feet� thence north 78 degrees 45 minutes 31 seconds west along the northerly right-of-way of t1linois Route 120 (Elm Street), a distance of 9.98 fcet� thence north 00 degrees 05 minutes 24 seconds west, a distance of 153.61 feet; thence ssouth 89 degrees 59 minutes 25 seconds west, a distance of 45.03 feet; thence north 30 degrees 17 minutes 35 seconds west, a distance of 170.65 feet; thence north 28 degrees 09 minutes 35 seconds west, a distance of 57.43 feet; thence north 89 degrees 59 minutes 25 seconds east along the north line of Lot 6 in said Owen's Outlets to McHenry extended westerly, a distance of 174.03 feet; thence south 00 degrees 09 minutes 3 8 seconds east along the west line of said Lot 6, a distance of 66.00 feet; thence north 89 degrees 59 minutes 25 seconds east along the north line of Lot 7 in said Owen's Outlets to McHenry, a distance of 264.00 feet to the place of beginning, all in McHenry County, Illinois. � � »§!\\r gg\§p!!#!i � \\j) �; ;\ ; ou §§)H �- \ \ ` ;) ))\\ , �\ � �\ �� j\ � • l;;�§; , . - § , _ . �• `� _ ����� j Ise i I CD H ri- — — — PIL 3 ftl 3 mA \\\ l A L-- 7 CL 4 t _ A \ N. RIC OND ROAD �S e�y�'�5"i d gg gggG��i�H5�9S YY 3m � ii ¢��rf S'i H°k'y ski6 t°�� — — —q?9$f�rs��B���g�H�e��'� ag�aM U$°5e a1Ha 'ri� ;°-YS1111, t15 o s 5 IF qa�l€ 4 t fit} gg-�5= lie P& �3% ziia F Q T°is to = �d Q j `ak 1e �� � 19 Ila `tap m .g� v r�= d o a az§ to s j CD ;j'i O 3 a � 0 m N — g_ a6'�Rn"^5 m8 ems+ d rt O 3 r7)1 U� ' w pa �� rod =1a as as aam a a 3-� q nm- nny aK F• � -- En °" �m 'IC ,1mpnq � �;P 22 v 8 °ce em°'� am oN o~ 'pu Uu � ci AIR Yd3 N y A (A N a a m r 2 Ary K n � yA D 3 - I uiAQoa NIL MIA E"F azR m °�,m �°gym t"C ���:3�oRy�S o N VIOLA LU am =3m �3 a gpp" p^gms€jmZ €o,00 a A a oa a v ; o m Po as 8� of 3� II �e '2 8a 6 --4 M 2C) cn 0 z m T m > z z > 7 z m z 0 z Eo z F; 0-4 M n 2 m z 0 O z z mo mo m m m mm D� �p 4 zD Zp 0 3 Z o � m m� AZ - m �D _n Zr y UP 0„ 14q. D. 0 0 0 71 � oa Q _ o 0 m 101 ICI WN