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Home My WebLink AboutOrdinances - 22-34 - 05/17/2022 - Variations to 5816 W Elm CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 22-34 ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL DISTRICT, ZONING VARIATIONS, AND USE VARIATION FOR A CARETAKER RESIDENCE IN CONJUNCTION WITH A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MINI- ' WAREHOUSE WITH OUTDOOR STORAGE AT 5816 W. ELM STREET. Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois May 16, 2022 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois thisl7th day of May 2022. ORDINANCE NO 22-34 ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL DISTRICT, ZONING VARIATIONS, AND USE VARIATION FOR A CARETAKER RESIDENCE IN CONJUNCTION WITH A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MINI- WAREHOUSE WITH OUTDOOR STORAGE AT 5816 W. ELM STREET. 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 First Midwest Bank Trust 13470 & John Fuhler ("OWNERS OF RECORD") requesting approval of a Zoning Map Amendment to C-5 Highway Commercial District, Conditional Use Permit, Use Variation, and Zoning Variations to accommodate the existing operations and proposed expansion of a Mini-Warehouse Facility and Caretaker Residence at the property commonly known as 5816 W. Elm Street and legally described on "EXHIBIT A", attached hereto and incorporated herein, "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 30, 2022 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested Zoning Map Amendment, Conditional Use Permit, Use Variation, and Zoning Variations; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request 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 Zoning Map Amendment from Estate District to C-5 Highway Commercial District. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the Approval Criteria for Zoning Amendments listed in §11-5-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to operate a Mini-Warehouse Facility with Outdoor Storage subject to the following conditions: 1. The Property Owner(s) shall remove the shed and other accessory structures depicted in the submitted Plat of Survey, attached hereto as EXHIBIT B, for the eastern most property within six (6) months of annexation. 2. All development on site shall be in substantial conformance with the conceptual landscape plan attached hereto as EXHIBIT C. 3. The Property Owner(s) shall provide the City with a finalized Landscaping Plan for the proposed expansion area in conformance with the City's Landscaping and Screening Ordinance to the greatest extent possible as determined by the Zoning Administrator prior to issuing a building permit. 4. The Property Owner(s) shall preserve the existing tree line to the greatest extent possible. 5. The Property Owner(s) shall provide a tree survey within six (6) months of annexation or prior to issuing a building permit, whichever comes first. SECTION 4: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: That the SUBJECT PROPERTY is hereby granted approval of a Use Variation to accommodate the existing Caretaker Residence. SECTION 6: In granting said Use Variation,the City Council finds that the Approval Criteria for Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 7: That the SUBJECT PROPERTY is hereby granted approval of the following Zoning Variations: 1. Variation from the City's Off-Street Parking and Loading Ordinance to allow 6 spaces in lieu of the required 77 spaces. 2. Any other zoning variations necessary to accommodate the existing structures and proposed expansion. SECTION 8: In granting said Zoning Variations, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. 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 16th day of May, 2022. Ayes Nays Absent Abstain Alderman Devine x Alderman Glab x Alderman Harding x Alderman Strach x Alderwoman Miller x Alderman Santi x Alderman McClatchey x �✓ �� fir - !�. Wayn Jet , Mayor Monte Johnson, Deputy City Clerk Exhibit A Legal Description of the Subject Property PARCEL 1 That part of the Northwest Quarter of Section 28,Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the North Quarter corner of said Section 28;thence South 89 degrees 00 minutes 16 seconds West,894.45 feet along the Northerly line of said Northwest Quarter to the Place of Beginning;thence continuing South 89 degrees 00 minutes 16 seconds West along said Northerly line,458.58 feet; thence South 01 degrees 07 minutes 55 seconds Easy,417.00 feet to the Northwest corner of land described in Deed to Phillip E. Miller and Kathleen S. Miller recorded as Document No.682194;thence South 76 degrees 58 minutes 19 seconds East along the Northerly line of said Document No.682194,a distance of 332.94 feet to the Northeasterly corner thereof and a line 60.00 feet Northwesterly of and parallel with the Westerly line of the lands described in Document No.93R073141;thence North 16 degrees 44 minutes 38 seconds East along said parallel line, 156.00 feet;thence South 73 degrees 15 minutes 53 seconds East,60.00 feet to the Westerly line of said lands described in Document No.93R073141;thence North 16 degrees 42 minutes 30 seconds East along said Westerly line,38.64 feet;thence North 19 degrees 51 minutes 24 seconds East along said Westerly line, Deed 28.52 feet to the Northwesterly corner thereof;thence North 00 degrees 37 minutes 06 seconds East along the Westerly line of the lands described in Document No.88RO19395 a distance of 304.07 feet to the Place of Beginning,(Except the North 30.00 feet thereof). In McHenry County, Illinois. PARCEL 2 That part of the Northwest Quarter of Section 28,Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the North Quarter corner of said Section 28;thence South 89 degrees 00 minutes 16 seconds West, 1353.40 feet along the North line of said Northwest Quarter to the Place of Beginning; thence continuing South 89 degrees 00 minutes 16 seconds West along said Northerly line 472.86 feet;thence Southerly on a line forming an angle of 86 degrees 02 minutes(record),86 degrees 10 minutes(measured) left, with a prolongation of the last described line for a distance of 246.68 feet along the West line of land described in Deed to McHenry State Bank, recorded September 6, 1988 as Document No.88R028270 in McHenry County, Illinois,to the Northerly right-of-way line of Illinois State Route 120 as described in Document no.631990 recorded February 25, 1975;then South 52 degrees 54 minutes 20 seconds East,92.20 feet along said right-of-way line to an angle point;thence South 47 degrees 09 minutes 43 seconds East,480.06 feet along said right-of-way line to the Westerly line of land described in Deed to Phillip E.and Kathleen S. Miller recorded as Document No. 682194 in McHenry County, Illinois;thence North 17 degrees 07 minutes 21 seconds East, 229.88 feet along said Westerly line to the Northwesterly corner of said Document No.682194;thence North 01 degrees 07 minutes 55 seconds West,417.0 feet to the Place of Beginning, (Except the North 30.00 feet thereof). In McHenry County, Illinois � I : oil on R1 %tit IAL a �p lit fill I n• I III , N I II a i EXHIBIT C Conceptual Landscape Plan =zistiZg native trees and brush to:emai.•a. Sit 01 I KA FF I I i 3fO 1 1 ?!'!+ 93.50 1 Mixed conifers-spruce.pine and 5:.a to 8' planted on top and sides of berm for sr.eenina.L-dudins a few ornamental Lees _ for color- / 'J t` c j Proposed Landscape Plan 9�v �� \ All Safe Self Storage ,��, \� McHenry