HomeMy WebLinkAboutOrdinances - O-94-677 - 09/12/1994 - GRANT ZONING TO BUSCH-KNOX PROPERTYORDINANCE NO. 0-94-677
AN ORDINANCE ZONING CERTAIN PROPERTY
RS-2 MEDIUM -DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
RM-1 LOW -DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT
C-3 COMMUNITY COMMERCIAL DISTRICT
0-1 LOCAL OFFICE DISTRICT
E-ESTATE (OPEN SPACE - NO STRUCTURES TO BE BUILT)
0-2 OFFICE PARK DISTRICT
WHEREAS, certain property is the subject of an Annexation Agreement
between the City of McHenry and Helen Busch, as Trustee, under the
provisions of a Trust Agreement dated February 9, 1977 and known as Trust
No. 100; McHenry State Bank, Trustee, under Trust No. 4705, dated July 1,
1989; and Howard and Mary Ann Knox and Robert and Norma Knox, Beneficiaries
of said Trust No. 4705; and
WHEREAS, said property, legally described in Exhibit "A", attached
hereto and made a part hereof, has been duly annexed by ordinance to the
City of McHenry; and
WHEREAS, by the terms of said Annexation Agreement, parts of said
property are to be zoned RS-2 Medium Density Residential District, RM-1 Low
Density Multi -Family Residential District, C-3 Community Commercial
District, 0-1 Local Office District, 0-2 Office Park District and E-Estate
Open Space - No Structures to be Built; and
WHEREAS, it is in the best interests of the City of McHenry that the
annexed property as shown on the Master Plan, prepared by Thompson Dyke &
Associates, with last revised date of September 19, 1994, attached hereto as
Exhibit "B" and hereinbelow described be classified and zoned as indicated.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MCHENRY, McHENRY COUNTY, ILLINOIS, as follows:
SECTION 1: That the annexed property be zoned and classified in
substantial conformity with the Master Plan attached hereto as Exhibit "B",
as follows:
PARCEL NUMBER
(Circled on Exhibit B)
SF1
SF2
SF3
MF1
C1
01
02
OS1
OS2
OS3
OS4
ZONING CLASSIFICATION
RS-2 Medium Density Single
Family Residential District
RS-2 Medium Density Single
Family Residential District
RS-2 Medium Density Single
Family Residential District
RM-1 Low Density Multi Family
Residential District
C-3 Community Commercial District
0-1 Local Office District
0-2 Office Park District
E-Estate )
E-Estate ) Open Space - No
E-Estate ) Structures to be Built
E-Estate )
Overall development of the property and the density of development of
each parcel number referred to above shall not exceed the maximum dwelling
units per acre reflected on Exhibit "B" and shall otherwise be developed in
substantial conformity with Exhibit "B" and meet all requirements of the
applicable zoning district.
SECTION 2. During the term of the aforementioned Annexation
Agreement, only the following Conditional Uses, as set forth in Exhibit "D"
of said Agreement, shall be allowed in the C-3 Commercial District:
CONDITIONAL USES
(The following uses and referenced definitions are from the City
of McHenry Zoning Ordinance)
1. Accessory uses, buildings, and structures to all Conditional Uses
in the district, including off-street parking and loading and
signs as provided in Sections VII and IX of the McHenry Zoning
Ordinance.
2. Airports.
3. Child day care centers, as defined in therein.
4. Conditional Public Uses, as defined therein.
5. Convention and exhibit halls.
6. Drive-in establishments, as defined therein.
7. Dry cleaning plant and laundry with processing to be performed on
site.
8. Educational institutions, as defined therein.
9. Financial institutions, including banks, savings and loan
associations and savings banks, finance companies, and credit
unions.
10. Indoor amusement establishments, including bowling alleys, pool
halls, dance halls, commercial swimming pools, and skating rinks.
11. Kiosk, a single free-standing, with not more than 50 square feet
of floor area, on the same lot as all or a portion of a shopping
center, and used for any Permitted or Conditional Use in its
district.
12. Liquor stores (package goods only).
13. Mortuaries, as defined therein.
14. Off-street parking lots, public garages, or storage garages,
other than as accessory uses.
15. Parking, off-street, lots, public garages.
16. Philanthropic and charitable institutions, as defined therein.
17. Planned Unit Developments.
18. Radio and television towers.
19. Recreational institutions, as defined therein.
20. Religious institutions, as defined therein.
21. Restaurants with live entertainment or dancing.
22. Restaurants, eat -in, serving alcoholic beverages but without live
entertainment or dancing.
23. Taverns and bars without live entertainment or dancing.
24. The following uses as Accessory Uses located totally within a
building housing a Principal Permitted Use and with neither any
separate outside entrance nor any sign facing or visible from any
public street:
a. newspaper, magazine, and tobacco shops;
b. gift or card shops;
C. flower shops;
d. drug stores;
e. barber shops and beauty shops; and
f. donut shops.
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SECTION 3. That the City Clerk be and she is hereby directed to amend
the official zoning map of the City of McHenry and all pertinent records of
the City of McHenry to show the zonings and classifications of the within
described properties in accordance with the provisions of this Ordinance, as
provided by law.
SECTION 4. That this Ordinance shall be in full force and effect from
and after its passage and approval, as provided by law.
PASSED this 21st day of September, 1994.
AYES: Baird, Bolger, Lawson, Locke, Cuda
NAYS: Bates
ABSENT: None
ABSTAIN: None
NOT VOTING: None
APPROVED this 21st day of September, 1994.
Mayor
C'ty Cle k
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Parcel 1: That part of_ the east half of Government Lot
1 in the Northwest Quarter of Section 2, described as
follows: beginning at the southeast corner of said east
half; thence north 89 degrees 51 minutes 09 seconds west
(bearing assumed) along the south line of said east half,
a distance of 1324.22 feet to the southwest corner of
said east half; thence north 00 degree 53 minutes 32
seconds east along the west line of said east half, a
distance of 647.06 feet to a point; thence south 89
degrees 56 minutes 40 seconds east, a distance of 1325.67
feet to the east line of said east half; thence south 01
degree 00 minute 48 seconds west, along said east line a
distance of 651.78 feet to the point of beginning, in
Township 44 north, Range 8 east of the Third Principal
Meridian, in McHenry County, Illinois; and
Parcel 2: That part of Section 2, Township 44 north,
Range 8 east of the Third Principal Meridian, described
as follows: commencing at the northwest corner of the
Northeast Quarter of Section 2 and running thence south
01 degree 00 minute 48 seconds east (bearing assumed) on
the west line thereof to a point which is 933.39 feet
north of the southwest corner of Government Lot 2 of the
Northeast Quarter of Section 2, said point being the
place of beginning in this description; thence east
parallel to the south line thereof for a distance of
933.39 feet to a point; thence south parallel to the west
line thereof for a distance of 404.81 feet; thence north
88 degrees 59 minutes 12 seconds west, a distance of
273.19 feet; thence north 01 degree 00 minute 48 seconds
east, a distance of 152.00 feet; thence north 88 degrees
59 minutes 12 seconds west, a distance of 660.00 feet to
the west line of said Northeast Quarter of Section 2;
thence north 01 degree 00 minute 48 seconds east, a
distance of 233.33 feet to the point of beginning, in
McHenry County, Illinois; and
Parcel 3: That part of Section 2, Township 4A north,
Range 8 east of the Third Principal Meridian, described
as follows: commencing at the northwest corner of the
Northeast Quarter of Section 2 and running thence south
01 degree 00 minute 48 seconds east (bearing assumed) on
the west line thereof to a point which is 933.39 feet
north of the southwest corner of Government Lot 2 of the
Northeast Quarter of Section 2; thence east parallel to
the south line thereof for a distance of 933.39 feet to
a point; thence south parallel to the west line thereof
for a distance of 933.39 feet to a point on the south
line of Government Lot 2 of said Northeast Quarter;
thence north 89 degrees 49 minutes 04 seconds east, on
the south line thereof to a point which is 448.95 feet
east of the southwest corner of the east half of Govern-
Busch-Kpox Annexation, Pagel
Exhibit "A"
ment Lot 2 of said Southeast Quarter; thence south 01
degree 29 minutes 22 seconds west, parallel to the west
line of the east half of Government Lot 1 of said
Northeast Quarter for a distance of 982.13 feet to a
point which is on a line drawn 330 feet north of and
parallel to the east and west quarter section line of
said Section 2; thence north 89 degrees 51 minutes 29
seconds west, parallel to the east and west quarter
section line for a distance of 844.95 feet to the
northwest- corner of a certain deed recorded in the
Recorder's office of McHenry County, Illinois, in book
199 of Deeds, page 559; thence south 00 degree 08 minutes
31 seconds west, on the west line of said deed, so
recorded, for a distance of 330.00 feet to a point on the
east and west quarter section line of said Section 2;
thence north 89 degrees 51 minutes 28 seconds west, on
said east and west quarter section line for a distance of
914.58 feet to the north and south quarter section line
of said Section 2; thence north 01 degree 00 minute 48
seconds east, along said north and south quarter section
line, a distance of 1302.02 feet to the south line of
Government Lot 2; thence north 89 degrees 49 minutes 04
seconds east, along said south line, a distance of 933.39
feet to a point of beginning, in McHenry County, Illi-
nois.
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