HomeMy WebLinkAboutOrdinances - ORD-17-1840 - 09/18/2017 - ZONINGMAP AMENDMENT/VARIANCES FOR FULL CIRCLE PEARORDINANCE NO ORD-17-1840
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND
VARIANCES FROM THE OFF-STREET PARKING AND LOADING
REQUIREMENTS AND MINIMUM FRONT YARD SETBACK REQUIREMENT FOR
THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF PEARL STREET
AND RICHMOND 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 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 by, Full Circle Communities, Inc., 310 S Peoria
#500 Chicago, IL 60607 for property owner Jonco Properties, c/o John Colomer, 312 Shepherd
Hill Lane, McHenry, IL 60050 ("Applicant and Property Owner") with the City, requesting a
Zoning Map Amendment from RS-4, High -Density Single -Family Residential and C-4
Downtown Commercial to RM-2 High -Density Multi -Family Residential and Variance from the
off —street parking and loading requirements and minimum front yard setback requirement for
the property located at the northeast corner of Pearl Street and Richmond Road in the City of
McHenry, McHenry County, Illinois "Subject Property". The property is 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 August 31, 2017 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 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 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 IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY be granted a Zoning Map Amendment to
RM-2 High -Density Multi -Family Residential.
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 3: That the SUBJECT PROPERTY be granted Variances for off-street parking
and loading requirements from 51 spaces to 33 spaces and a front yard building setback variance
from 30 feet to 15 feet with the following conditions:
• Site is developed in substantial conformance with site and landscape plans and building
elevations as submitted attached hereto and incorporated herein as Exhibit B collectively
("the Site Plan").
• Full Circle work with Pace Suburban Bus in locating a bus transit shelter in the proximity
of Richmond Road and Pearl Street and incorporating modifications to site plan, at a
minimum -including a canopy and outdoor seating area on the west side (front of the
building) for residents waiting for a Pace Paratransit bus;
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.
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 18th day of SEPTEMBER 2017.
Voting Aye: CONDON, SANTI , MIHEVC, CURRY, SCHAEFER, GLAB
Voting Nay: NONE
Abstaining: NONE
Absent: DEVINE of /I//
yor ayi�6 S. Jett
ATTEST:
Cle Lynzi Nevitt
EXHIBIT "A"
***PARCEL 1: THE WEST 53 Y FEET OF THE EAST 74 FEET OF LOT N0, 2 ACCORDING
TO THE COUNTY CLERK'S PLAT OF BLOCK 12 OF THE ORIGINAL PLAT OF THE
VILLAGE OF MCHENRY, ON THE WEST SIDE OF FOX RIVER, RECORDED IN THE
RECORDER'S OFFICE OF MCHENRY COUNTY IN BOOK 2 OF PLATS ON. PAGE 40, SAID
LOT 2 BEING LOCATED IN AND BEING A PART OF THE SOUTHEAST QUARTER OF
SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL .
MERIDIAN, SITUATED IN THE CITY OF MCHENRY, IN MCHENRY COUNTY, ILLINOIS.
PARCEL 2: THAT PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEASTERLY CORNER OF LOT 2 ACCORDING TO THE COUNTY CLERK'S, PLAT OF
BLOCK 12 OF THE ORIGINAL PLAT OF THE -VILLAGE OF MCHENRY, BEING A PART OF
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN AS RECORDED IN THE RECORDER'S OFFICE OF
MCHENRY COUNTY, ILLINOIS IN BOOK 2 OF PLATS, PAGE 40; BEING AT THE
INTERSECTION OF THE WESTERLY LINE OF BACK STREET, WITH THE NORTHERLY
LINE OF PEARL STREET, IN SAID VILLAGE OF MCHENRY; THENCE; NORTHWESTERLY
ALONG THE NORTHERLY LINE OF SAID PEARL STREET, BEING THE SOUTHERLY LINE
OF SAID LOT, 74 FEET FOR A PLACE OF BEGINNING; THENCE NORTHWESTERLY
ALONG THE NORTHERLY LINE OF SAID PEARL STREET, 4 FEET; THENCE
NORTHEASTERLY ON A LINE WHICH IS PARALLEL WITH THE SAID WESTERLY LINE
OF BACK STREET TO THE NORTHERLY LINE OF SAID LOT; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LOT,,4 FEET TO A POINT WHICH'IS 74 FEET
FROM THE WESTERLY LINE OF BACK STREET; THENCE SOUTHWESTERLY ON A
LINE, WHICH IS PARALLEL TO THE WESTERLY LINE OF BACKSTREET TO THE PLACE
OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. .
PARCEL 3: ALL THAT PART OF LOT 2 OF THE COUNTY CLERK'S PLAT OF BLOCK 12
OF THE ORIGINAL PLAT OF THE VILLAGE OF MCHENRY (ON THE WEST BANK OF FOX
RIVER), ACCORDING TO THE PLAT OF SAID COUNTY CLERK'S DIVISION RECORDED
IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, IN BOOK 2 OF PLATS, PAGE 40,,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY LINE OF
SAID LOT 2 (BEING THE NORTHERLY LINE OF PEARL STREET) AT A POINT 78 FEET
WESTERLY OF THE EASTERLY LINE OF SAID LOT 2; THENCE NORTHERLY ON A LINE
78 FEET WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 2, 66
FEET FOR THE PLACE -OF BEGINNING; THENCE WESTERLY ON A LINE 66 FEET
NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF LOT 2,120.34 FEET
TO THE EAST LINE OF RICHMOND STREET; THENCE NORTHERLY ON THE EAST LINE
OF RICHMOND STREET, 119.55 FEET TO THE NORTHERLY LINE OF SAID LOT 2;
THENCE EASTERLY ALONG SAID NORTHERLY LINE, 166.62 FEET TO A POINT ON A
LINE THAT IS 78 FEET WESTERLY OF (AS MEASURED ALONG SAID NORTHERLY LINE)
AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTHERLY
ALONG SAID PARALLEL LINE 109.32 FEET TO THE PLACE OF BEGINNING, SAID LOT.2
BEING LOCATED IN AND BEING PART OF THE SOUTHEAST QUARTER OF SECTION 26,
TOWNSHIP 45 NORTH- RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
MCHENRY COUNTY, ILLINOIS.
EXCEPTING THEREFROM THAT PART OF PARCEL 3 DEEDED TO THE PEOPLE OF THE
STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED
RECORDED DECEMBER 5, 2012 AS DOCUMENT NUMBER 2012R0057952.
PARCEL 4: ALL THAT PART OF LOT 2 OF THE COUNTY CLERK'S PLAT OF BLOCK 12
OF THE ORIGINAL PLAT OF THE VILLAGE OF MCHENRY (ON THE WEST BANK OF FOX
RIVER) ACCORDING TO THE PLAT OF SAID COUNTY CLERK'S DIVISION RECORDED IN
THE RECORDER'S OFFICE OF MCHENRY COUNTY, IN BOOK 2 OF PLATS, PAGE 40,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY LINE OF
SAID LOT 2 (BEING THE NORTHERLY LINE OF PEARL STREET) AT"A POINT 78 FEET
WESTERLY OF THE EASTERLY LINE OF SAID LOT 2; THENCE NORTHERLY ON A LINE
78 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY LINE OF LOT 2,66 FEET;
THENCE WESTERLY ON A LINE 66 FEET NORTHERLY OF AND PARALLEL TO THE
SOUTHERLY LINE OF LOT 2,120.34 FEET TO THE EAST LINE OF RICHMOND STREET;
THENCE SOUTHERLY ON THE. EAST LINE OF RICHMOND STREET, 71.75 FEET TO THE
SOUTH LINE OF LOT 2; THENCE EAST ON THE SOUTH LINE OF SAID LOT 2, 92.38
FEET TO THE PLACE OF BEGINNING, SAID LOT 2 BEING LOCATED-, IN AND BEING
PART OF THE SOUTHEAST QUARTER, OF SECTION 26, TOWNSH1P45 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.
EXCEPTING THEREFROM THAT PART OF PARCEL 4 DEEDED TO THE PEOPLE OF THE
STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED
RECORDED DECEMBER 5, 2012 AS DOCUMENT NUMBER 2012R0057952.
PARCEL 5: THE SOUTHEASTERLY 20 FEET OF LOT 2 IN THE COUNTY CLERK'S
PLAT OF BLOCK 12 OF THE ORIGINAL PLAT OF THE VILLAGE OF MCHENRY ON THE
WEST SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER
OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1902 IN BOOK 2
OF PLATS, PAGE 40, IN MCHENRY COUNTY, ILLINOIS. i
PARCEL 6: THAT PART OF THE NORTHWESTERLY HALF OF VACATED BACK STREET
LYING WESTERLY OF THE EASTERLY 33 FEET OF THE SAID VACATED BACK STREET
AND ADJOINING THE SOUTHEASTERLY 20 % FEET OF LOT 2 IN THE COUNTY CLERK'S
PLAT OF BLOCK 12 OF THE ORIGINAL PLAT OF THE VILLAGE OF MICHENRY ON THE
WEST SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER
OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OFT E THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 19,02, IN BOOK
OF PLATS, PAGE 40, IN MCHENRY COUNTY, ILLINOIS.
PARCEL 7: THE WESTERLY HALF OF LOTS 7, 10 AND 11, IN BLOCK 13, IN THE
ORIGINAL PLAT OF MCHENRY, ON THE WEST SIDE OF FOX RIVER,; A SUBDIVISION OF
PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THEIPLAT THEREOF
RECORDED JULY 6, 1840 AND RECORDED IN BOOK B OF DEEDS, PAGE 160, IN
MCHENRY COUNTY, ILLINOIS.
Pk- c- Z
PARCEL 8: COMMENCING AT THE SOUTHWEST CORNER OF LOTl 1, IN BLOCK 13 IN
THE ORIGINAL PLAT OF MCHENRY, ON THE WEST SIDE OF FOX RIVER, ACCORDING
-TO THE PLAT THEREOF RECORDED JULY 6,1840 AND RECORDED IN 'BOOK B OF
DEEDS, PAGE 160, AND RUNNING THENCE WESTERLY ON THE NORTH LINE OF
PEARL STREET-2 RODS; THENCE NORTHERLY AT A RIGHT ANGLE WITH -PEARL
STREET, 12 RODS; THENCE EASTERLY 2 RODS AND TO THE NORTHWEST CORNER
OF LOT 7; THENCE SOUTHERLY ON THE WEST LINE OF LOTS 7, 10 AND 11 IN BLOCK
13, TO THE PLACE OF BEGINNING, BEING IN THE SOUTHEAST QUARTER OF SECTION
26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
MCHENRY COUNTY, ILLINOIS.
PARCEL 9- THE 25 FOOT PUBLIC ALLEY ALONG THE SOUTH LINE OF M.
KELTERS ADDITION TO MCHENRY; IN THE SOUTHEAST QUARTER OF SECTION
26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
RECORDED AS DOCUMENT 1904R0020294' IN MCHENRY COUNTY, ILLINOIS.
COMMONLY KNOWN AS, 3512-3518 PEARL STREET & 1404 RICHMOND RD,
MCHENRY, IL.
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