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HomeMy WebLinkAboutOrdinances - ORD-15-1717 - 03/16/2015 - ZONING MAP AMEND TO C-2 & CUP INSTITUTIONAL USE 4ORDINANCE NO 15-1717 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TCJ C-2 NEIGHBORHOOD COMMERCIAL AND A CONDITIONAL USE PERMIT TO ALLOW ^N INSTITUTIONAL USE (MEMORY CARE FACILITY) FOR THE PROPERTY LOCATED AT 4605 ^V CRYSTAL LAKE ROAD 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 tjhe State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's hom^ 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 White paks of McHenry LLC, 5000 W Roosevelt Road Chicago, IL 60644 requesting a Zoning Map Amendment to C-2 Neighborhood Commercial and a Conditional Use Permit to allow ah institutional use (memory care facility) for the property located at 4605 W Crystal Lake Roa|d and 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 January 21, 2015 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 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 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 <f>F THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Zoning Map Amendment to C-2 Neighborhood Commercial. SECTION 2: In granting said Zoning Map Amendment, the requirements of Table 33 of the Zoning Ordinance have been met in City Council finds that the that: 1. The requested zoning classification is compatible vj/ith the existing uses and zoning of property in the environs; j 2. The requested zoning classification is supported by tljie trend of development in the general area; 3. The requested zoning classification is consistent with jhe objectives of the City of McHenry Comprehensive Plan; and 4. The requested classification promotes the public interest. SECTION 3: That the SUBJECT PROEPRTY is hereby granted a Conditional use Permit to allow an institutional use (memory care facility) subject to the following conditions: • Compliance with comments by the City Engineer; • A truck turning detail should be added to the plan, submitted as part of engineering and building permit review, to ensure fire trucks will be capable of turning around at the hammer head at the east end of the building; • Plat of easement shall be prepared and submitted by developer to encompass the public water main, hydrants and other water -related appurtenances, blanket easement for stormwater management (detention area) and blanket cross access easement for vehicular traffic from north and south should also be included on plat of easement; Plat shall be recorded prior to issuance of building permit on subject property; • Plat of dedication shall be prepared and submitted for right-of-way dedication along Crystal Lake Road to mirror roadway dedication of property to south and to accommodate north -south sidewalk on Crystal Lake Road along subject property and for extension of right-hand turn lane into subject property; Plat shall be recorded prior to issuance of building permit on subject property; • Conversion of full access from Crystal Lake Road to Heritage Woods site to right-in/right- out only, in addition to the paving of the 25' wide driveway (form Heritage Woods site) to facilitate interconnection with subject property shall be done contemporaneously with off -site roadway improvements to Crystal Lake Road, construction of full access onto Crystal Lake from subject property and realignment of traffic signal; all aforementioned improvements shall be completed prior to issuance of certificate of occupancy on subject property; • A tree survey shall be submitted, as part of engineering and building permit review, prior to removal of any trees on -site; • Landmark Commission approval shall be required prior to demolition of any structures on subject property; • Privately -maintained sidewalk extensions shall be installed from subject property to Crystal Lake Road on each side of the proposed driveway on the subject property; extensions would be perpendicular to the sidewalk along Crystal Lake Road for people desiring to cross Crystal Lake Road at its intersection with Royal Drive; improvements shall be completed prior to issuance of a certificate of occupancy on the subject property. • Subject property is developed in substantial conformance with the architectural rendering prepared by Worn Jerabeki Architects, P.C. dated October 1, 2014 consisting of one page; site plan prepared by Worn Jerabeki Architects, P.C. dated October 1, 2014 with a latest revision date of January 8, 2015 consisting of one page; landscape plan prepared by Laflin Design Group dated October 31, 2014 and an issue date of January 8, 2015 consisting of two pages and building elevations prepared by Worn Jerabeki Architects, P.C. dated October 1, 2014 with a latest revision date of October 24, 2014 consisting of two pages attached hereto and incorporated herein as Exhibit B (collectively the "Site Plan); • Any Variances required to allow the construction of a memory care facility which will provide twenty-four hour care for individuals with Alzheimer's or Dementia in substantial conformance with the Site Plan. SECTION 4: In granting said Cononal 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. 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. APPROVED THIS 16t�' DAY OF March 2015 VOTING AYE: Condon, Peterson, Wimmer, Blake, Schaefer, Santi, Glab VOTING NAY: None NOT VOTING: None ABSTAINING: None ABSENT: None ATTEST: 0 1VI�YOR Exhibit A Legal Description of the Subject Property LOT 15 AND LOT 16 IN KELTER ESTATE SUBDIVISION, UNIT #1, BEING A SUBDIVISION OF PART OF SECTION 34, TOWNSHIP 45, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON MARCH 14, 1949 AS DOCUMENT N0, 218953 IN BOOK 10 OF PLATS, PAGE 112 IN MCHENRY COUNTY, ILLINOIS. PIN #S: 09-34-251-009 AND 09-34-251-010