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HomeMy WebLinkAboutOrdinances - ORD-14-1680 - 07/21/2014 - USE VARIANCE APT/MULTI-FAMILY LOTS 6-11 & LOT 17Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815)363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-14-1680 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW APARTMENTS/MULTI-FAMILY LAND USE ON LOTS 6-11 AND LOT 17 IN PRAIRIE POINTE BUSINESS PARK 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 VII, 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 Prairie Pointe Land Development Corporation, 420 N Front Street, Suite 200, McHenry, IL 60050 requesting a use variance to allow apartments/multi-family land use on Lots 6-11 and Lot 17 in the Prairie Pointe Business Park ("SUBJECT PROPERTY"), legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 19, 2014 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of the use variance; 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 use variance 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow apartments/multi- family land uses with the following conditions: 1. Applicant must appear before the Planning and Zoning Commission at a public hearing and comply with all public notice and other requirements for public hearings outlined in the zoning ordinance, to present any proposed land use plan incorporating any type of multi-family development, including: single-family attached dwellings, townhouses, multiple-family dwellings and/or two-family dwellings as defined herein on the SUBJECT PROPERTY in the future, as well as seek a recommendation regarding any proposed amendments to the existing 2. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us plat of subdivision and/or any other variances/approvals necessary to comply with all City ordinances, rules and regulations to effectuate the development of the SUBJECT PROPERTY with such land uses. The applicant must subsequently seek an amendment before the City Council to the existing annexation agreement while contemporaneously seeking approval for the proposed land use plan incorporating multi-family development, as previously described herein, on the SUBJECT PROPERTY and as recommended by the Planning and Zoning Commission, including any amendments to the existing plat of subdivision and/or any other variances/approvals associated with the proposed development of the SUBJECT PROPERTY to comply with all City ordinances, rules and regulations. The Use Variance for the SUBJECT PROPERTY shall expire concurrently with the expiration of the annexation agreement of which the SUBJECT PROPERTY is included as currently approved or as amended in the future. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use 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. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 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 and approved this 21st day of July, 2014 AYES: Santi, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: Glab ABSTAINED: None ABSENT: None NOT VOTING: None MAYOR ATTEST: Q. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il. us www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property LOT 6, 7, 8, 9, 10, 11 AND 17 IN PRAIRIE POINTE BUSINESS PARK BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 10 ALL IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, MCHENRY COUNTY, ILLINOIS, NUNDA TOWNSHIP IN THE CITY OF MCHENRY ACCORDING TO THE PLAT RECORDED AS DOCUMENT NUMBER 2004R0001227 WITH THE MCHENRY RECORDER OF DEEDS OFFICE. Parcel Index Numbers: Lot 6: 14-10-428-011 Lot8: 14-10-428-009 Lot 10: 14-10-428-007 Lot 17: 14-10-428-012 Lot 7: 14-10-428-010 Lot 9: 14-10-428-008 Lot 11: 14-10-428-006 Common Address: Approximately 15 acres at the Northeast corner of Veterans Parkway and Patriot Drive, McHenry, IL 60050 zoned BP Business Park and C5.