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HomeMy WebLinkAboutOrdinances - ORD-19-1978 - 08/05/2019 - Zoning Map Amendment for SE Corner of Northside Ave and Rt 120 CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1978 An Ordinance Granting a Zoning Map Amendment to I-1 Industrial from C-5 Highway Commercial for the Property Located at the Southeast Corner of Northside Avenue and Illinois Route 120 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 August 5, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 611 day of August, 2019. ORDINANCE NO ORD-19-1978 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO 1-1 INDUSTRIAL FROM C-5 HIGHWAY COMMERCIAL FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTHSIDE AVENUE AND ILLINOIS ROUTE 120 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 Jessup McHenry Enterprises, LLC, 3023 Ellice Way, Naples, FL, 34119 requesting a Zoning Map Amendment to 1-1 Industrial from the Zoning Ordinance for the property located at the southeast corner of Northside Drive and Illinois Route 120 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 July 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 Zoning Map Amendment; 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 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 to 1-1 Industrial. 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: • The requested zoning classification is compatible with the existing uses and zoning of property in the environs; • The requested zoning classification is supported by the trend of development in the general area; • The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and • The requested classification promotes the public interest. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: 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 5: 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 5th day of August, 2019. Ayes Nays Absent Abstain Alderwoman Baehne Alderman Devine X Alderman Glab X Alderman Mihevc X Alderwoman Miller X Alderman Santi X Alderman Schaefer G► , Wayrz J m ayor Monte Johnson, Dqputy Clerk Exhibit A Legal Description of the Subject Property PARCEL 1: LOTS 12 AND 13 (EXCEPT THAT PART OF LOT 13 AS CONVEYED TO THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION IN TRUSTEE'S DEED RECORDED AS DOCUMENT 92R005973 AS FOLLOWS: BEGINNING AT THE NORTHERNMOST CORNER OF LOT 13,THENCE ON AN ASSUMED BEARING OF SOUTH 50 DEGREES 45 MINUTES 33 SECONDS WEST ALONG THE NORTHWESTERLY LINE OF LOT 13 A DISTANCE OF 20.42 FEET;THENCE SOUTH 75 DEGREES 11 MINUTES 55 SECONDS EASTALONG A LINE PARALLEL WITH THE CENTERLINE OF ILLINOIS ROUTE 120 A DISTANCE OF 19.93 FEET TO A POINT ON AN EASTERLY LINE OF THE LANDS OF THE GRANTOR; THENCE NORTH 10 DEGREES 50 MINUTES 14 SECONDS WEST ALONG SAID EASTERLY LINE 18.34 FEET TO THE POINT OF BEGINNING) IN BLOCK 7 IN EDGEWATER SUBDIVISION, A SUBDIVISION OF PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO.48334 IN BOOK 4 OF PLATS, PAGE 19 IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: A PARCEL OF LAND LYING EASTERLY FROM AND ADJOINING LOT 13 IN BLOCK 7 ACCORDING TO THE PLAT OF EDGEWATER SUBDIVISION, A SUBDIVISION OF PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 36 TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO. 48334 IN BOOK 4 OF PLATS, PAGE 19 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT; THENCE SOUTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LOT 13,A DISTANCE OF 150 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHEASTERLY ON A LINE FORMING AN ANGLE OF 6 DEGREES 14 MINUTES TO THE RIGHT FROM THE EASTERLY BOUNDARY OF LOT 13 AFORESAID, FOR A DISTANCE OF 76.2 FEET TO A POINT; THENCE NORTHWESTERLY ON A LINE FORMING AN ANGLE OF 12 DEGREES 31 MINUTES TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 74.8 FEET TO THE PLAT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.