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HomeMy WebLinkAboutOrdinances - ORD-19-1966 - 05/20/2019 - Conditional Use Permit for McHenry School District #156CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1966 An Ordinance Granting a Conditional Use Permit to Allow an Assembly Use and Variances for the Property Located at 4724 and 4716 W Crystal Lake Road in the City of McHenry, McHenry County, Illinois Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois May 20, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 21St day of May 2019. ORDINANCE NO ORD-19-1966 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE AND VARIANCES FOR THE PROPERTY LOCATED AT 4724 AND 4716 W 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 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 Ryan McTague, Superintendent McHenry School District #156, 4716 W Crystal Lake Road, McHenry, IL 60050 ("Applicant"), requesting a Conditional Use Permit to allow an assembly use and Variances on the property located at 4724 and 4716 W Crystal Lake Road. The property is 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 17, 2019 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 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 Conditional Use Permit 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 is hereby granted a Conditional Use Permit to allow an Assembly Use for an Educational Institution subject to the following conditions: • The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton Associates dated 3/21/19 and consisting of one page, Landscape Rendering prepared by Gewalt Hamilton Associates dated 3/21/19 and consisting of one page, Traffic Impact and Parking Study prepared by Gewalt Hamilton Associates dated 3/22/19. • Alternatives points of access and circulation patterns should be discussed between the school district and the City, particularly the police department, to ensure the safe and efficient movement of traffic to and from the site especially during peak hours. • The current parent drop-off/pick-up lane should be reevaluated to ensure adequate stacking is provided. • Modified signal timings on area signals should be considered to reduce congestion and increase progression along Crystal Lake Road. • A pedestrian connection from the sidewalk along the west side of Crystal Lake Road in to the high school is required. • Vehicular and bus access onto West Oakwood Drive should be considered, northbound only for vehicles to access the traffic light at Royal Drive. • The administrative parking lot on the north side of the school should be separated more from the adjacent driveway so as not to confuse drivers exiting the school. SECTION 2: 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: • Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. • 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. • 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. • 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. • 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. • The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: That the SUBJECT PROPERTY is hereby granted a Variance from Article IV. Residential Districts Table 4: Residential District Requirements from the maximum height permitted of thirty-five (35) feet to allow a height of forty-five (45) feet on the 64,000 square foot building addition subject to the following condition: • The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton Associates dated 3/21/19 and consisting of one page. SECTION 4: That the SUBJECT PROPERTY is hereby granted a Variance from Article VIII. Landscaping and Screening Section B3. Parking Island Strip to forgo the requirement of installing parking lot landscape islands subject to the following condition: • The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton Associates dated 3/21/19 and consisting of one page, Landscape Rendering prepared by Gewalt Hamilton Associates dated 3/21/19 and consisting of one page. SECTION 5: That the SUBJECT PROPERTY is hereby granted a Variance from Article X Accessory Uses, Yards and Fences Table 20: Standards for Accessory Structures to allow more than two (2) accessory buildings subject to the following condition: • The project is developed in accordance with the Site Plan prepared by Gewalt Hamilton Associates dated 3/21/19 and consisting of one page. 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: • 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. • 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. • 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. • 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. • 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. • 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. • 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. • 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 20th day of May, 2019 Aves Alderwoman Baehne Ir Alderman Devine X Alderman Glab a' Alderman Mihevc Alderman Miller Alderman Santi X Alderman Schaefer Alj Way a Jett, ayor Nays Absent Abstain 7 %.a. Cf. 'a�� Monte Johnson, eputy Clerk EXHIBIT A Parcel 1: That part of the West Half of Section 34, Township 45 North, Range 8 East of the 3rd Principal Meridian, described as follows, to wit: Commencing at the point of intersection with the West East and West Quarter line of said Section 34 and the center line of Crystal. Lake Road; thence North 33 degrees 37 minutes East along the Center line of said Road, 639.95 feet more or less to a point South 33 degrees, 37 minutes West, 195.89 feet Distant from a point of curvature, said Curve having a radius of 2,864.93 feet; thence North 37 degrees 53 minutes 07 seconds West, 691.39 feet to a point on a curved line convex Southeasterly, having a radius of 380 feet; thence Southwesterly along the aforementioned curve for an arc distance of 25.0 feet; thence South 35 degrees, 56 minutes, 37 seconds East, Radialto the last described curve, 120.0 feet to a point on a curved line convex Southerly having a radius of 500.0 feet; thence Westerly along the aforementioned curve for an arc distance of 552.63 feet to a point of tangency; thence North 62 degrees, 37 minutes East, tangent with the last described curve, for a distance of 395.0 feet to a point of curvature; thence Westerly along a curved line convex Northerly, having a radius of 141.0 feet for an arc distance of 60.01 feet to a point; thence North 2 degrees 59 minutes 52 seconds East, radial to the last described curve, 120.0 feet to a point on a curved line convex Northerly, having a radiusof261.0 feet; thence Westerly along the last described curve for an arc distance of 80.0 feet; thence South 14 degrees, 33 minutes5l seconds East, radial to the last described curve for a distance of 120.0 feet to a point on a curved line convex Northerly, having a radius of 141.0 feet; thence Westerly along the aforementioned curve for an arc distance of 72.93 feet to a point of tangency; thence South 45 degrees, 48 minutes West, 512.3 feet; thence South 30 degrees 18 minutes 36 seconds East, 262.47 feet; hence South 59 degrees, 25 minutes 11 seconds East, 210.4 feet, to a point on a curved line convex Easterly, having a radius of 479.02 feet; thence Southerly along the aforementioned curve for an arc distance of 293.53 feet, to an point of tangency; thence South 20 degrees 24 minutes West, tangent with the last described curve 213.0 feet to a point of curvature; thence Southerly along a curved Line convex Westerly, having a radius of 478.0 feet for an arc distance of 272.09 feet; thence North 77 degrees 47 minutes 10 seconds East, 175.0 feet; thence South 74 degrees, 59 minutes 25 seconds East, 525.82 feet; thence South 18 degrees 28 minutes East, 30.0 feet; thence North 71 degrees 32 minutes East, 64.75 feet, to a point of curvature; thence Northeasterly along a curved line convex Southeasterly, having a radius of 210.0 feet, for an arc distance of 138.97feet to apoint of tangency; thence South 56 degrees 23 minutes East, 86.0 feet to the center line of Crystal Lake Road; thence North 33 degrees 37 minutes East, 521.24 feet more or less to the place of beginning in McHenry County, Illinois. Permanent Tax Number 09-34-177-008, commonly known as 4724 Crystal Lake Rd. Parcel 2: Lot "A" in Boone Valley Plat No. 7, being a Subdivision of Part of the West Half of Section 24, Township 45 North, Range 8 East of the Third Principal Meridian, According to the Plat thereof Recorded August 23, 1973, as Document No. 601785, in McHenry County, Illinois. Permanent Tax Number 09-34-302-009, commonly known as 4716 Crystal Lake Rd.