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HomeMy WebLinkAboutPacket - 04/01/2013 - City Council A G E N D A REGULAR CITY COUNCIL MEETING Monday, April 1, 2013, 7:30 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Input Session: 10 Minute Limitation 5. Consent Agenda: A. Proclamation declaring May Building Safety Month in the City of McHenry; B. Request from The Bike Haven located at 3318 Pearl Street for temporary closure of Park Street between Pearl and Broad Streets on Saturday, June 8, 2013 from 8:00 AM to 6:00 PM to facilitate special event in Veterans Memorial Park; C. Request from McHenry Garden Club for temporary use permit to host annual Container Gala on Thursday, April 25 th from 7PM to 10PM at McHenry West Campus High School and authorization to post temporary advertising signs in municipal right-of-ways; D. Special Event Liquor License for The Church of Holy Apostles Catholic Assistant Missions event, Saturday, April 20, 2013 from 5PM to 10PM, 5211 W Bull Valley Road; E. March 4, 2013 City Council meeting minutes; and F. List of Bills. 6. Request for variances to the sign ordinance for area and installation of a roof mounted sign for Etch Salon located at 1212 N. Green Street 7. Planning and Zoning Commission recommendation to approve a conditional use permit to allow outside sales, outside display of merchandise, and outdoor storage for the Home Depot, 2461 North Richmond Road 8. Planning and Zoning Commission recommendation to approve a zoning map amendment from I-1 to C-5 and a conditional use permit to allow an open sales lot, motor vehicle and trailer repair, and outdoor storage for McHenry Motorwerks located at 3003 West Route 120 9. Agreement with Rockford Diocese, St. Mary’s Catholic Church, and City of McHenry for certain improvements related to the Route 31 Improvement project 10. Mayor Statement and Reports 11. Committee Reports 12. Staff Reports 13. Future Agenda Items 14. Adjournment Posted: March 27, 2013 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT DATE: April 1, 2013 TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator RE: Conditional Use Permit to allow outside sales, outside display of merchandise and outdoor storage at 2461 N Richmond Road ATTACHMENTS: 1. Location Map 2. Ordinance approving a conditional use permit to allow outside sales, outside display of merchandise and outdoor storage at 2461 N Richmond Road 3. Planning and Zoning Commission Minutes dated March 14, 2013 4. Ordinance No. ORD-00-990 5. Ordinance No. ORD-07-1372 6. Application Packet BACKGROUND: In 2000 the Home Depot store at 2461 N. Richmond Road was granted a conditional use permit for an outdoor garden center (ordinance attached). In 2007 an amendment to their conditional use permit was approved to allow outdoor display and rental of utility, landscape and cargo trailers (ordinance attached). They utilized a portion of the parking lot (10 spaces) near the lumber department on the northernmost part of the site to display these trailers. A maximum of 10 trailers was permitted to be stored at any given time. Home Depot has applied for and received a temporary use permit to allow an outdoor live garden corral display for the past several years; however, they would like to seek a conditional use permit to allow the corral display, outdoor storage and trailer and truck rental on a permanent basis. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The Home Depot is requesting a conditional use permit to allow an open sales lot, outside display of merchandise and outdoor storage of overstock product. They are proposing to locate a live garden corral display at the southwestern end of their parking lot, additional outside display of merchandise adjacent to the building, outdoor storage of overstock product adjacent to the garden center and outside display and sale and rental of utility trailers and Penske trucks (see attached site plan). The Penske truck rental and utility trailers are proposed to be located at the northern end of the parking lot. Approximately 61 total parking spaces would be utilized to accommodate the garden corral display, outdoor storage adjacent to the garden center and the outside sales and rental area for utility trailers and Penske trucks. ANALYSIS: Staff does not have any concerns with this request. Home Depot has always kept their display/storage areas neat and orderly. Additionally even with the total loss of 61 parking spaces, the number of parking spaces required by the zoning ordinance (472 required, 533 available) is still being met. The outdoor garden corral display, which is proposed at the southwestern part of the parking lot, is an integral part of Home Depot's business and will encompass approximately 51 parking spaces. Additionally, Home Depot has been selling and renting utility trailers since 2007, and renting Penske trucks has recently enhanced their business. The area proposed to display the trailers and Penske trucks is situated at the far northern end of the site which is seldom used for parking. This area encompasses 10 parking spaces. The applicant is requesting five spaces for the utility trailers and five spaces for the rental of Penske trucks. This is an average of the number of trailers and trucks projected to be in the parking lot at any given time. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended: Approval of a Conditional Use Permit to allow an open sales lot, outside display of merchandise and outdoor storage subject to the following conditions: 1. Outside display of merchandise, open sales lot and outdoor storage areas shall be in substantial conformance with the attached site plan; 2. Deviations from the attached site plan will require a new conditional use permit. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us If the City Council concurs with staff's analysis it is recommended the attached ordinance granting a conditional use permit to allow an open sales lot, outside display of merchandise and outdoor storage for the property located at 2461 N Richmond Road McHenr Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815)363-2170 Fax: (815)363-2173 www.ci.mchenry.il.us Location Map: 2461 N Richmond Road Copyngnt County o Al fdormitoar 4 pio>*Od MHS wth no Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT, OUTSIDE DISPLAY OF MERCHANDISE AND OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 2461 N RICHMOND 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 with the City by The Home Depot requesting a Conditional Use Permit to allow an open sales lot, outside display of merchandise and outdoor storage for the property located at 2461 N Richmond Road 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 14, 2013 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 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 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: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 P^e: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 1: That the SUBJECT PROPERTY is hereby granted a conditional use permit to allow an open sales lot, outside display of merchandise and outdoor storage, in accordance with the attached SITE PLAN attached hereto and incorporated herein as Exhibit B and subject to the following conditions: • Outside display of merchandise, open sales lot and outdoor storage areas shall be in substantial conformance with the attached site plan; • Deviations from the attached site plan will require a new conditional use permit. 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: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. 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; 3. 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. 4. 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; 5. 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; and Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street , . , _- McHenry, Illinois 60050McHenr" Fax: (815) 363-2173 www.ci.mchenry.il.us 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 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 THIS DAY OF , 2013 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2013 MAYOR ATTEST: CITY CLERK Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the SUBJECT PROPERTY Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B SITE PLAN (Copy on file with the office of the City Clerk) Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax:(815)363-2173 www.ci.mchenry.il.us Public Hearing: The Home Depot File No. Z-807 2461 N. Richmond Rd. Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:30 p.m. regarding File No Z-807, an application for a conditional use permit to allow open sales lot, outside display of merchandise and outdoor storage as submitted by The Home Depot for the property located at 2461 N. Richmond Rd. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on January 25, 2013. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Dafina Jurisich, 676 Brittany Lane, Island Lake, IL and Jennifer Dinschel, 2000 Kennedy Drive, McHenry, IL who were sworn in by Chairman Schepler. Dafina provided a summary of the request before the Commission at this Hearing stating they are requesting a conditional use permit for the outdoor garden display so they can expand their storage area on the lot from what was originally assigned and eliminate the need to apply yearly. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. In 2000 the Home Depot store at 2461 N. Richmond Road was granted a conditional use permit for an outdoor garden center. In 2007 an amendment to their conditional use permit was approved to allow outdoor display and rental of utility, landscape and cargo trailers. They utilized a portion of the parking lot (10 spaces) near the lumber department on the northernmost part of the site to display a maximum of 10 trailers at any given time. Home Depot has applied for and received a temporary use permit to allow an outdoor live garden corral display for the past several years; however, staff suggested they provide a solid sight plan and seek a conditional use permit to allow the corral display, outdoor storage and trailer and truck rental on a permanent basis. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Deputy City Administrator Martin stated approximately 61 total parking spaces would be utilized to accommodate the garden corral display, outdoor storage adjacent to the garden center and the outside sales and rental area for utility trailers and Penske trucks. Staff does not have any concerns with this request. Home Depot has always kept their display/storage areas neat and orderly. Additionally even with the total loss of 61 parking spaces, the number of parking spaces required by the zoning ordinance (472 required, 533 available) is still being met. The outdoor garden corral display, which is proposed at the southwestern part of the parking lot, is an integral part of Home Depot's business and will encompass approximately 51 parking spaces. Additionally, Home Depot has been selling and renting utility trailers since 2007, and renting Penske trucks has recently enhanced their business. The area proposed to display the trailers and Penske trucks is situated at the far northern end of the site which is seldom used for parking. This area encompasses 10 parking spaces. The applicant is requesting five spaces for the utility trailers and five spaces for the rental of Penske trucks. This is an average of the number of trailers and trucks projected to be in the parking lot at any given time. Staff recommends approval of a conditional use permit, with conditions, as presented. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Thacker stated it did not appear that much was actually changing other than the ability not to have to return yearly for a temporary use permit. Dafina and Jennifer stated they are really only adding Penske truck rentals and that the garden corral space will actually be smaller in order to follow the site plan and limit the number of parking spaces that are used. Commissioner Buhrman inquired if the garden corral will infringe on the main driveway space and whether hoses will be run across the drive or if a water spigot has been provided for the garden corral. Jennifer and Dafina responded the corral will not infringe on the driveway and there were water lines run previously under the driveway that connect to water spigots on the first island. Chairman Schepler opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Schepler closed the public comment portion of the hearing at 7:40 p.m. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050MCHcnr pnone: ms) 353-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-807, an application for a conditional use permit to allow open sales lot, outside display of merchandise and outdoor storage on the property located at 2461 N. Richmond Rd. as presented by applicant the Home Depot, subject to the following conditions: 1. Outside display of merchandise, open sales lot and outdoor storage areas shall be in substantial conformance with the attached site plan; and 2. Deviations from the attached site plan will require a new conditional use permit be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Chairman Schepler closed the Public Hearing regarding File No. Z-807 at 7:42 p.m. ORDINANCE NO. mm-nn-Q<m AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN OUTDOOR GARDEN CENTER FOR HOME DEPOT IN THE MEIJER/HOME DEPOT SUBDIVISION, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Rubloff Development Group requesting a conditional use permit for an outdoor garden center for Home Depot on Lot 2 of the proposed Meijer/Home Depot Subdivision; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on July 17, 2000, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested conditional use permit; and WHEREAS, the City Council has considered the evidence and recommendation from the Zoning Board of Appeals and finds that the approval of the requested conditional use permit 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 property commonly known as Lot 2 of the proposed Meijer/Home Depot Subdivision, and legally described below, is hereby granted a conditional use permit for an outdoor garden center for Home Depot. LEGAL DESCRIPTION: A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23, Township 45 North, Range 8 East, of the Third Principal Meridian, according to the plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats, Page 34, in McHenry County, Illinois, described as follows: commencing at the Southeast corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds West 1280.67 feet along the South Line of East Ya of the Southwest YA of Section 23, Township 43 North, Range 8 East of the Third Principal Meridian; thence North 00 degrees 18 minutes, 34 seconds East 330.00 feet; thence South 88 degrees 49 minutes 06 seconds West 49.50 feet to a point on the West Line of the East 1/2 of the Southwest % of said Section 23; thence North 00 degrees 18 minutes 34 seconds East 1028.52 feet along said West Line; thence North 89 degrees 58 minutes 30 seconds East 136.51 feet to the point of beginning of the land to be described: thence North 9 degrees 43 minutes fifteen seconds East 358.67 feet; thence North 317.67 feet; thence East 709.58 feet; thence South 26 degrees 18 minutes 59 seconds East 115.59 feet; thence South 55 degrees 53 minutes 57 seconds East 8.39 feet; thence South 563.51 feet; thence South 89 degrees 58 minutes 30 seconds East 828.33 feet to the point of beginning. Containing 10.01 acres of land, more or less. SECTION 2: That the approval of the conditional use permit as provided in this ordinance is granted subject to the following conditions: 1. That the property shall be developed in substantial conformance with the latest drawings submitted for zoning approval, which include the exterior building elevations prepared by Greenberg Farrow, dated August 29, 2000, and the landscape plan prepared by National Surveying & Engineering, dated September 5, 2000. 2. Home Depot shall maintain signage and store policies prohibiting semi- trailer trucks from using the McCullom Lake Road access to the Meijer/Home Depot Subdivision. SECTION 3: 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: ^ 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. 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; 3. 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. 4. 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; 5. 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; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. EOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD, NONE. PASSED THIS ?r.Tw DAY OF SEPTF.MKEE AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: ., 2000 NONE. NONE. APPROVED THIS 20TH DAY OF SEPTEMBER ., 2000 ATTEST: CITY CLERK tf ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. ORD-OO-990 TO ALLOW OUTDOOR DISPLAY AND SALE OF TRAILERS FOR THE HOME DEPOT AT 2461 NORTH RICHMOND ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City Council of the City of McHemy previously approved Ordinance No. ORD-00-990 granting a Conditional Use Permit to allow outdoor display and sale of garden products at 2461 N. Richmond Road in the City of McHenry, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and WHEREAS, Paul Schultz acting on behalf of The Home Depot (the "APPLICANT') has submitted a letter to the City requesting approval to allow the outdoor display and sale of utility trailers on the SUBJECT PROPERTY; and WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the ability to approve an expansion, alteration or amendment to a Conditional Use Permit, or may send the item back to the Planning and Zoning Commission for a public bearing; and WHEREAS, the City Council has considered the evidence presented and finds that the approval of the requested outdoor display and sales 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 and should be approved without sending the matter back to the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That Ordinance No. ORD-00-990 granting a Conditional Use Permit to allow the outdoor display and sale of garden products on the SUBJECT PROPERTY, is hereby amended to allow the outdoor display and sale of utility trailers in accordance with the site plan (the "SITE PLAN"), attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: 1) The location of the outdoor display area for utility trailers shall be limited to the 10 parking spaces on the northernmost part of the SUBJECT PROPERTY; and 2) No more than 10 trailers shall be displayed on the SUBJECT PROPERTY at any given time. SECTION 2: In granting said amendment to the Conditional Use Permit, the City Council finds that the requirements of Table 3 1 of the Zoning Ordinance have been met in that: 1 . Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. 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; 3. 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. 4. 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; 1 5. 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; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTIONS: 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 hi 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 THIS 2ND DAY OF APRIL 12007 AYES: SANTI. GLAB, SCHAEFER, MURGATROYD. WINNER. CONDON. NAYS: PETERSON ABSTAINED: NONE ABSENT: NONE NOT VOTING: APPROVED THIS DAY OF , 2007 ATTEST: Exhibit "A" Legal Description of the SUBJECT PROPERTY LEGAL DESCRIPTION: A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23, Township 45 North, Range 8 East, of the Third Principal Meridian, according to the plat thereof, recorded May 5, -1902 as document No 14082 in Book 2 of Plats, Page 34, in McHenry County, Illinois, described as follows: commencing at the Southeast corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds West 1280.67 feet along the South Line of East 1/2 of the Southwest % of Section 23, Towhship 43 North, Range 8 East of the Third Principal Meridian; thence North 00 degrees 18 minutes, 34 seconds East 330.00 feet; thence South 88 degrees 49 minutes 06 seconds West 49.50 feet to a point on the West Line of the East Y2 of the Southwest % of said Section 23; thence North 00 degrees 18 minutes 34 seconds East 1028.52 feet along said West Line; thence North 89 degrees 58 minutes 30 seconds East 136.51 feet to the point of beginning of the land to be described: thence North 9 degrees 43 minutes fifteen seconds East 358.67 feet; thence North 317.67 feet; thence East 709.58 feet; thence South 26 degrees 18 minutes 59 seconds East 115.59 feet; thence South 55 degrees 53 minutes 57 seconds East 8.39 feet; thence South 563.51 feet; thence South 89 degrees 58 minutes 30 seconds East 828.33 feet to the point of beginning. Containing 10.01 acres of land, more or less. GMiiiiiiim.ii.i-gDISPCA*THE HOME DEPOTSITE 11 \\ -'533 CARSOMOGNCENTER,25,436 SP- 2461 N. Richmond Rd. • Mchenry, IL 60050 (815)385-9503 • Fax: (815)578-2096 To Whom It May Concern: The McHenry Home Depot would like to apply for a Conditional Use Permit. Our business has changed over the years and in order to keep up with customer and community demand we've had to expand our holding power. Going forward we would like to continue to seasonally hold commodity bagged goods on the side of the building. Assemble a live goods coral in the parking lot from April 1 through the first week of October in front of our garden center. Finally to the North end of our parking lot closest to Rt 31 parking spaces for our Periske Rental program. Along with the additional sales for our company this has also increased tax revenue for the City of McHenry. Our availability of rental trucks has been a convenience for citizens as well as companies moving around town as well as a drop off location for people moving to McHenry from out of state. The city has been very accommodating in the past and we would like to continue with the great working relationship we've developed over the years. Thank you for your concern in this matter, we hope we can simplify this process for the years to come. For any additional information or questions regarding this matter feel free to call. 815-385-9503 ext 100 Sincerely Operations Manager USA Proud Sponsor II FORMA 1 U=====53===U File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street « McHenry, IL 60050 « Tel: (815) 363-2170 ° Fax: (815) 363-2173 1. Name of Applicant Address ^4 City 2. Name of Property Owner (If other than Applicant) Address City. 3. Name of Engineer. (If represented) Address City_ 4. Name of Attorney, (If represented) Address State It Zip State Zip State Zip 5. Common Address or Location of Property. Tel Fax %/<r-S"7fr - Tel. Fax Tel. Fax. Tel_ Fax 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Conditional Use Permit Zoning Variance Other . Zoning Variance - Minor * . Zoning Text Amendment Use Variance ^Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Pagelof3 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-S South: Cr *S C r~ *~) I <\" j^ >\ETA\L-1 «->^o'V5v>\tsaCo L . West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. .1. Application Fee (amount) $ _2. Narrative Description of Request _3. FORM A - Public Hearing Application _4. FORM B - Zoning Map Amendment (Rezoning) Application _5. FORM C - Conditional Use Application _6. FORM D - Zoning Variance Application _7. FORM E - Use Variance Application _8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit _9. Plat of Survey with Legal Description _10. List of Owners of all Adjoining Properties _11. Public Hearing Notice _12. Sign (Provided by the City, to be posted by the Applicant) _13. Site Plan _14. Landscape Plan .15. Architectural Rendering of Building Elevations _16. Performance Standards Certification _17. Traffic Analysis _18. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered me Applicant The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and mat the proposed use or development described in mis application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) A ^ & v s FORMA Page 3 of 3 I FORMC I File Number ILas=ss==s=sss=sS CONDITIONAL USE PEKMTT Planning and Zoning Commission City of McHeniy 333 South Green Street ° McHenry, IL 60050 ° Tel: (815) 363-2170 ° Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. v OUT o N£A\. _ Environmental Nuisance 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. 3. Neighborhood Character 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 existing in the area or normally associated with permitted uses in the district. FORMC ——— page 1 of 2 4. _ Public Services and Facilities 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, hi such a way as to place undue burdens upon existing development in the area. (QMX- CXT 'fcQoxfeE. to^VTVCsNSCM- ft ^n. \-Tyg, 5 5 . Public Safety and Health 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. JSSQES 10 AY^fro-TAi/^E A ^"V 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. FORMC Page 2 of 2 Figure 4. Affidavit of Compliance AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Aplicant's Name and Address) V\r approval of : fReauested Action! _ (Applicant's Signature) (Applicant's Name and Address) Subscribed and sworn to before me this day of : . 2012. Notary Public PageS Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2100 Fax:(815)363-2119 dmorefield@ci.mchenry.il.us MEMORANDUM DATE: March 27, 2013 TO: Honorable Mayor and City Council FROM: Derik Morefield, City Administrator RE Consideration of an Agreement between the Rockford Diocese, St. Mary's Catholic Church and the City of McHenry regarding certain improvements related to the Route 31 Improvement Project On March 18th Council approved the referenced agreement with a stipulation in the motion that the concrete wall included in the project scope be maintained and repaired by private property owners. This stipulation was based on incorrect information provided by me in response to a question by Alderman Schaefer that intent of discussions identified that private property owners would be responsible. In previous discussions regarding this project, there was discussion that the concrete wall would be built on private property separate from the scope of the Route 31 improvement project. However, the City subsequently identified that the wall could be built in conjunction with, and as part of, the public sidewalk installation. This is located within the public right-of-way and therefore, by default, becomes the responsibility of the City of McHenry, in the same manner that sidewalks and street lighting are the responsibility of the City. Therefore, this agreement is being brought back before Council for consideration with this clarification. If Council concurs with the scope of the agreement, it is recommended that a motion be made to approve the attached agreement between the Rockford Diocese, St. Mary's and the City of McHenry regarding certain improvements related to the Route 31 improvement project. SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (the "Agreement") is made and entered into this day of , 2013, by and between St. Mary's Church, an Illinois religious corporation ("St. Mary's") and the City of McHenry, an Illinois municipal corporation ("City"). A. Whereas, St. Mary's raised a claim for certain alleged losses and damages related to the conveyance of two tracts of land to the City in 2005 by plats of conveyance filed in the office of the McHenry County Recorder of Deeds on July 18, 2005 as document nos. 2005R0057620 and 2005R0057621 ("Recorded Plats") in return for certain future promises tendered by the then public works director, Daniel Marcinko, pursuant to his written letter dated July 8, 2005 (referred to herein as the "Claim"); B. Whereas, conveyance of the dedicated parcels reflected on the recorded plats to the City was conveyed by Bishop Doran under the stamp of the Rockford Diocese rather than the actual titleholder, St. Mary's ("Original Conveyances"); C. Whereas, no other consideration was given to St. Mary's in return for the conveyance of the two tracts of land along Illinois Route 31 and this issue is included within St. Mary's Claim; D. Whereas City has disputed St. Mary's asserted claims for alleged losses, costs and damages related to the Claim; E. Whereas St. Mary's and City have investigated the facts relevant to the Claim and the parties hereto have reviewed this Settlement Agreement and Release with their attorneys and do hereby approve the terms set forth herein to settle the Claim. NOW THEREFORE, for and in consideration for the mutual promises and covenants set forth herein, with each of the foregoing recitals incorporated herein, the parties agree as follows: 1.0 City's Performance In consideration of the covenants set forth in this Agreement, the sufficiency of which City herby acknowledges, City agrees as follows: A. KNEE WALL SPECIFICATIONS: At its own expense, the City shall cause to be constructed, a knee wall on the St. Mary's property as follows ("Knee Wall Specifications"): The Knee Wall shall be constructed of cast concrete approximately two feet in height and one foot in width generally consistent with the specifications depicted on the drawing attached hereto as Exhibit A. The knee wall will be constructed along the eastern property line of St. Mary's cemetery property for a distance of approximately 213 feet and within the five feet of the property conveyed by the Recorded Plat and not further west into cemetery land. The wall will be constructed of a coloring form liner textured surface according to the following specifications: Final coloration of cast stone concrete surface shall accurately simulate the appearance of real stone including the multiple colors, shades, flecking, and veining that is apparent in real stone. It shall also demonstrate the colors that may be apparent from aging, such as staining from oxidation, rusting and/or organic staining from soil and /or vegetation. Upon approval by the Engineer and Owner, sample indicated in Section 503.06(a) of the Standard Specifications shall serve as quality standard for the project. At the two entrances to the cemetery, the wall will extend up about six inches on either side of each entrance, the final height to be determined by the City at the time of construction, to form a marked entrance area and the wall will have a built in "cornice" look on the top. Between the wall and the edge of the pavement there will be a new five-foot sidewalk and sod or seed installed between the sidewalk and the edge of Route 31 pavement The St. Mary's Cemetery sign will not be disturbed and no trees shall be removed from the property at this location. Any major deviation from the Knee Wall Specifications shall require St. Mary's consent. City shall provide at least two days' notice to St. Mary's prior to the time work will begin on the knee wall. Completion of the knee wall and all work outlined herein to the standards set forth herein shall be by December 31,2013. B. CITY STAFF ASSISTANCE WITH VARIANCE: The City's staff will provide St. Mary's with assistance regarding proceeding with a variation request and will support a request by St. Mary's to construct, at St. Mary's cost, a four foot high faux black wrought iron fence in the front yard of St. Mary's School from Grand Street. St. Mary's would angle the fence slightly at Grand for site lines as requested by the City. The purpose of the fence is as a visual barrier to the school children warning of the busy road. While St. Mary's understands the City can make no promises as to the success of the variance at a City Council meeting, the City staff will: 1) write a positive internal report or letter in support of the fence; 2) support the request with the relevant alderman; 3) recommend waiver of any fees for the variance filing or fence permit if the variance is granted; 4) assist with the notification process to neighbors; and 5) provide counsel for St. Mary's with all necessary forms and the agenda. Upon receipt of the variance (if granted), St. Mary's shall not be required to actually construct the fence in the future, although St. Mary's is entering in to this Agreement with a positive intent. St. Mary's wants the opportunity to see the expanded road as widened and react appropriately as to the location of the fence once the road is completed. C. RECONVEYANCE, IF NEEDED: In the future, upon the City's conveyance of the dedicated land referenced in the Recorded Plats to the Illinois Department of Transportation ("IDOT"), in the event IDOT requires a reconveyance of the dedicated land from St. Mary's to the City, St. Mary's agrees to execute any and all necessary documents to effectuate a proper dedication. D. OTHER COMMITMENTS: The City will, consistent with approved IDOT plans, install a five foot sidewalk in front of St. Mary's Church and school and sod or seed between the sidewalk and the edge of Route 31 when the work is completed. Upon City's full performance of all terms of this Agreement, St. Mary's, for itself and its successors, predecessors, assigns, officers, directors, and employees, does hereby completely releases and forever discharges City from any and all past or present claims, demands, obligations, and causes of action, of any kind or nature whatsoever which St. Mary's has relating to the Claim. This does not release City from its obligations under this Agreement nor any other agreement entered into by the parties subsequent to this Agreement. 2.0 Adequate Consideration The parties agree and acknowledge that the covenants made above constitute the full, complete, final, and binding compromise and satisfaction of the Claim, and of all matters involving the Claim. 3.0 Attorney's Fees Each party to this Agreement shall be responsible for its own attorney's fees and costs arising out of the Claim and the resolution of the Claim. In the event of a breach of this Agreement, the non-breaching party shall be entitled to recover attorney's fees incurred in enforcing this Agreement. 4.0 Representation of Comprehension of Document In entering into this Agreement, both parties represent that they are aware of the legal consequences of this Agreement; that the terms of this Agreement have been completely read by each of them and their attorneys; that the terms of this Agreement are fully understood and voluntarily accepted by both. 5.0 Warranty of Capacity to Execute Agreement The parties represent and warrant that the person executing this Agreement has all requisite authorization to enter into this Agreement on its behalf and to bind the parties to the terms hereof. 6.0 Additional Documents The parties agree to cooperate fully with one another and to execute any and all supplementary documents and take all additional steps that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 7.0 Entire Agreement and Successors in Interest This Agreement contains the entire settlement and release between the parties with regard to the Claim and shall be binding upon the successors and assigns of each party. It is expressly understood by the parties hereto that all terms of this Agreement are contractual and not merely a recital. 8.0 Governing Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois. 9.0 Effectiveness This Agreement shall become effective immediately following execution in full by the parties listed below upon the date of the last signature hereto and execution in counterparts is hereby agreed to by all parties to be effective as if executed at the same time and place. (Signature page to follow) ST. MARY'S CHURCH, an Illinois religious CITY OF MCHENRY, an Illinois municipal corporation corporation By: Its: Date: By: Its: Date: ATTEST: By: Its: Z:\M\McHenryCityof\StMary\SettIement. Agmt.DOC Project( Ca!c'stor_HRGreerSheet No of_Howard ROsen Company j0b NOBy Date.Checked Oats.