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HomeMy WebLinkAboutOrdinances - O-73-57.A - 10/15/1973 - RECLASS S & l PARKING LOT FOR 2 SEVEN-STORY APARTM.� , 0-73-5rIA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, as follows: SECTION 1. That the Comprehensive Zoning Ordinance of the City of McHenry, Illinois, as passed, approved and as subsequently amended and as now in effect, and the zoning map of the City of McHenry, Illinois, adopted as a part of said Zoning Ordinance, and as amended, be and they are hereby amended as follows: A. That the property described on the schedule attached be and the same is hereby reclassified from "B-2" Commercial Recreation District to "B-l" Commercial -Retail District classification. SECTION 2. That such reclassification is made upon the following conditions: A. That the use of such property be restricted to the construction, maintenance and operation of two seven - story apartment buildings containing 96 units, and, pro- viding interior ground floor parking for not less than thirty-four vehicles, and a ground floor restaurant containing approximately 4,000 square feet of area, and outside parking area for not less than 127 vehicles, to be constructed in substantial compliance with the plans and drawings on file in the City of McHenry Zoning Board of Appeals proceedings, and according to testimony and exhibits presented to the City of McHenry Zoning Board of Appeals on August 17, 1973; and B. That a contract be entered into within thirty days of the date hereof between the property owner and the City of McHenry for the construction at mutual cost of outdoor on -site parking facilities for not less than 127 vehicles, and the lease by the City of McHenry of not less than sixty-five of such parking spaces for a period of twenty years. C. That the sanitary sewer connection fees applicable to said premises shall be those which were adopted by ordinance passed on October 1, 1973, provided, however, that said fees shall be payable one year from the date that the building permit is issued or on the date that the occupancy permit is issued, whichever occurs first. D. In the event that the City Engineer requires the size of the sanitary sewer on Venice Avenue, between Green Street and Riverside Drive, to be increased because of the Petitioner's use of the subject premises, the Petitioner, Its successors and assigns, shall pay for the entire cost of such increase in sewer size. SECTION 3. That such reclassification is made following hearing before and the affirmative recommendation of the Zoning Board of Appeals of the City of McHenry, following proper application therefor, publication of notice thereof, and public hearing, all in accordance with the provisions of said Zoning Ordinance. SECTION 4. That all ordinances or parts thereof in conflict herewith be and the same are hereby repealed. SECTION 5. That this Ordinance shall be in effect from and after its passage and approval according to law. PASSED this 15th day of October, 1973. AYES f NAYES N4n/ ABSENT on/e APPROVED this 15th day of October, 19 3. ATT.a:—p yor City Clerk -2- • \, That part of the South Half of Section 2G, described as follo%ds: Commencing on the North and South Quarter Sec- tion line at a point 49G.G feet North of the South Quar- ter Corner of said Section 2G; thence South 5.0 feet, more or less, to the water's edge of Boone Creek for a place of beginning; thence in a Northwesterly direction following the water's edge of said Boone Creek to an intersection with the center line of the State Highway known as Route 120; thence Northeasterly along the center line of said s' State Highway, 190 feet, more or less, to a point which, ` is 50 feet Southwesterly (as measured along the center of said Highway) from the Westerly line of a tract of land conveyed by Rol A. Kent to Merlin J. Kent by Deed dated April 19, 1928 and recorded in the Recorder's Office of the County of McHenry and State of Illinois, in Book 189 of Deeds, on page 284, extended Northwesterly to an inter- section with the center of said highway; thence South- easterly parallel with the Westerly line of said tract, 202.50 feet; thence Easterly a distance of 158.30 feet, more or less, to .the Southwesterly Corner of Lot 4 in Block 23 of the Original Plat of McHenry; thence South- easterly along the Southwesterly line of said Lot 4, a distance of 8.25 feet to the most Northerly corner of a tract of land conveyed by Lola D. Walsh, et al. to Charles G. Frett and Maggie Frett by Deed dated February 20, 1901 .and recorded in said Recorder's Office in Book 107 of Deeds, page 227; thence Southwesterly along the Northwesterly line , of said tract of land a distance of 50.0 feet; thence South -..- easterly parallel with the Southwesterly line of Lot 5 in said Block 23, a distance of 52.35 feet; thence Southwest-..' ; erly parallel with Northwesterly line of Green Street a distance of 179.50 feet to the most Southwesterly Corner i of a tract of land conveyed by McHenry American Legion, Inc. to Maurice Gladstone by Deed dated March 21, 1949 and recorded in said Recorder's Office as Document No. 2191331':- May 16, 1949 (including easement); thence Southeasterly along the Southerlymost line of said tract of land a dis- tance of 152.0 feet to the Northwesterly line of Green Street; thence Southwesterly along said Northwesterly liner. of Green Street, a distance of 174.0 feet, more or less, to the water's edge of Boone Creek; thence Northwesterly along the water's edge of Boone Creek a distance of 43.0 feet, more or less, to the point of beginning, (excepting ` and reserving therefrom all that portion thereof dedicated-' to the State of Illinois for highway purposes) ALSO except _ that part thereof described as follows: Beginning at the most Southerly Corner of a tract of land conveyed -by Mc- Henry American Legion, Inc, to Maurice Gladstone by Deed ' dated March 21, 1949 and recorded in the Recorder's Office'' of McHenry County, Illinois, as Document No. 219133 on May 16, 1949; thence Northwesterly along the Southerlymost line.= of said tract and extended Northwesterly for a distance of : 239.38 feet to a point; thence Southwesterly along a line forming an angle of 89 degrees and 32 minutes and 30 sec- onds to the left with a prolongation of the last described line, at the last described point, for a distance of 130.00 • feet, more or less, to the water's edge of said Boone Creek= thence Southeasterly along the water's edge of said Boone Crock for a distance of 243.00 feet, more or less, to a - point on the Northwesterly line of Green Street; thence Northeasterly along the Northwesterly line of Green Street, a distance of 174.0 feet, more or less, to the place of• beginning) , all in Township 45 North, -Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. ..