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Home My WebLink AboutOrdinances - ORD-18-1872 - 05/07/2018 - Dayton St Map AmendmentDepartment of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 18-1872 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL DISTRICT, A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING STATION AND VARIOUS VARIANCES FROM THE ZONING ORDINANCE AND SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ILLINOIS ROUTE 31 AND DAYTON 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 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 Christian Kalischefski, 2675 Pratum Avenue, Hoffman Estates, IL 60192 requesting a Zoning Map Amendment to C-5 Highway Commercial District, a Conditional Use Permit to allow an automobile fueling station, a Variance to allow sixteen (16) parking stalls in the front of the convenience store without a parking lot landscape island, Variance to allow no landscaping around the building foundation, a Variance for larger driveway widths along Dayton Street for a truck entrance and exit and a Variance from the Subdivision Control and Development Ordinance to allow three (3) driveways off of Dayton Street for the property located at the southeast corner of Dayton Street and South Illinois Route 31 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 April 11, 2018 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, 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 Zoning Map Amendment, Conditional Use Permit and Variances is consistent with the objectives of the City A 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: Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 1: That the SUBJECT PROPERTY is hereby granted a Zoning Map Amendment to C-5 Highway Commercial District. 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 is hereby granted a Conditional Use Permit to allow an automobile fueling station subject to the following conditions: • The project is developed in accordance with the Improvement Plans prepared by W-T dated 8/10/17 and consisting of two pages, and Landscape Plans prepared by Corporate Design + Development Group, LLC. dated 3/16/18 consisting of three pages attached hereto and incorporated herein as Exhibit B ("Site Plan"); • Sidewalks shall be installed along Illinois Route 31 and Dayton Street along the entire frontage of the property; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility. SECTION 4: 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 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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: That the Subject Property hereby granted the following Variances from the Zoning Ordinance. • Variance from VIII Landscaping &Screening B.3 to waive the requirement of a landscaped island in the interior of an off-street parking area to be provided every fifteen (15) parking spaces. • Variance from VIII. Landscaping &Screening Table 15 to waive the requirement for landscaping around the building foundation; • Variance from VII. Off -Street Parking &Loading Table 10: Parking and Loading Dimensions: Driveway Width (d) to allow the maximum driveway width to exceed thirty-six (36) feet for two (2) driveways. 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: 1. Special circumstances exist that are peculiarto the property forwhich 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 buildings) for which the variance is sought, such as dimension, Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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. Muwr or rHe Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 7: That the Subject Property hereby granted the following Variances from the Subdivision Control and Development Ordinance. • Variance from T — 5.2 Non-residential Driveways and Parking Lots (D) to allow three non-residential driveways off of Dayton Street as depicted on the Site Plan. SECTION 8: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 9: 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 10: 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 THIS 7th DAY OF May, 2018 AYES: Alderman Santi, Alderman Schafer, Alderman Mihevc, Alderman Curry, Alderman Devine, Alderman Glab NAYS: None ABSTAINED: None ABSENT: 1-A1derwoman Condon NOT VOTING: None APPROVED THIS 7th DAY OF May, 2018 ATTEST:. CITY CLERK I UV ME eawt o� tnc rox wIV Kb/ Department of Community & Economic Development McHenry Municipal Center Exhibit A Legal Description of the Subject Property 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOT 18 IN TONYAN'S INDUSTRIAL PARK UNIT N0.1, BEING A SUBDIVISION OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 10, AND OF THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 13, 1977, AS DOCUMENT NO, 691537 IN MCHENRY COUNTY, IL PARCEL 2: THE WEST 50 FEET OF LOT 39 IN TONYAN'S INDUSTRIAL PARK UNIT NO. 3, BEING A SUBDIVISION OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 10, AND OF THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 44 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 24, 19841 AS DOCUMENT NO, 877524 IN MCHENRY COUNTY, IL. PARCEL 3: LOT 19 IN TONYAN'S INDUSTRIAL PARK UNIT N0. 1, BEING A SUBDIVISION OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 10 AND OF THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREFO RECORDED APRIL 13, 1977, AS DOCUMENT NO. 691537 IN MCHENRY COUNTY, IL. WV ME MCART 0/ TRC •0I( RIVCR Exhibit B Site Plan POO AP, am I 193 I A.i at V PW Pam- law f ay I Pam / \mmrPar b 11 ti. -i ,_ i.' ` �I•I' - ': LW I" allow 4� — 40 It IMP In 0 off Pam M 411*11 to 1110996 Irmo am — POP/ mP yyyylI _ O.MISSry[J � �—YA'1/i4T�lHA'- 1.. FRONT STREET (IL ROUIE :S1) Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Not IVOWW �p�, PAVEMENT SECTIONS 3' C N.I