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HomeMy WebLinkAboutOrdinances - 25-9 - 02/03/2025 - 3711 Kane Ave Duker School Parking Lot CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 25-9 ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR CHAUNCEY H. DUKER SCHOOL TO ALLOW AN EXPANSION OF THE PARKING LOT AND ADD A NEW ACCESS DRIVE OFF GROVE AVENUE FOR THE PROPERTY AT 3711 KANE AVENUE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois February 3, 2025 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th Day of February 2025 ORDINANCE NO 25-9 ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR CHAUNCEY H. DUKER SCHOOL TO ALLOW AN EXPANSION OF THE PARKING LOT AND ADD A NEW ACCESS DRIVE OFF GROVE AVENUE FOR THE PROPERTY AT 3711 KANE AVENUE 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 by McHenry School District 15, ("Property Owner"), requesting approval of a conditional use permit for Chauncey H. Duker School to allow a parking lot expansion and new Grove Avenue access at the property commonly known as 3711 Kane Avenue, legally described in "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 January 15, 2025 in the manner prescribed by ordinance and statute, and as a result of said hearing,the Planning and Zoning Commission recommended to the City Council the granting of the requested Conditional Use Permit (5-aye; 2-nay); 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 approval of a Conditional Use Permit to allow a parking lot expansion and new Grove Avenue access, subject to the following conditions: 1. All development on site shall be in accordance with the plans attached hereto in "EXHIBIT B". 2. The School District shall provide District owned gated access to the parking lot near Grove Avenue that shall be open at student morning drop-off and afternoon pick-up, and will close after morning drop-off and afternoon pick-up and any other time. 3. The School District shall continue to work with the City of McHenry to modify plans as needed for student pick up and drop off to alleviate congestion on local roads. 4. The School District shall provide a guardrail and a 6-foot tall at planting, canopy- canopy, evergreen tree screening along the property line to the west of the parking lot to be reviewed and approved at the discretion of the Zoning Administrator. 5. The School District shall work with the City of McHenry to amend the existing sanitary station utility easement agreement, including the vacation of the existing unimproved Grove Avenue right-of-way as required for the new access. The easement is reserved in favor of the City to access the gate and its lift station on the school property. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the approval criteria for Conditional Use Permits listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: 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 4: 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 3�d day of February, 2025. Ayes Nays Absent Abstain Alderwoman Bassi x Alderman Davis x Alderman Glab x Alderman Koch x Alderman McClatchey x Alderwoman Miller x Alderman Santi x � \ Wayne ett, Mayor Trisha Ramel, City Clerk EXHIBIT A Legal Description Lots one (1),two (2),three (3),four(4) and five (S) in Block Twelve (12) in Wattles Second Addition to McHenry, being a subdivision of part of Outlots One (1),two (2), eleven (11),Thirteen (13) and fourteen (14), of the County Cierk' s Plat of the Northwest quarter of Section thirty-five (35),township forty-five (45) North, Range eight (8) East of the third Principal meridian, in McHenry County, Illinois. AND Lots 1 and 2 in Block 6 in Wattles Second Addition to McHenry, being a Subdivision of part of Outlots 1, 2, 11, 13 and 14 of County Clerk' s Plat and lying in the Northwest quarter of Section 35,township 45 North, Range 8 East of the Third Principal meridian, according to the Plat thereof recorded April 8, 1927 as Document 77644, in Book 5 of Plats, page 94, in McHenry County, Illinois. AND The North 445. 2 feet of Block 10 of Wattles 2"d Addition to McHenry according to the plat thereof recorded in the Recorder' s Office of McHenry County in Book 5 of Plats, on page 94, located in the City of McHenry, County of McHenry and State of Illinois, subject to easement as created by instrument dated April 12th, 1927 and recorded April 13th, 1927 in book 10 of Miscellaneous Records, page 576, McHenry County Records, from Frank H.Wattles and wife to City of McHenry. AND Lots 11 and 12 in Block 5; Lots 9 and 10 in Block 6; Block 10 (excepting therefrom that part thereof conveyed by Frank H. Wattles and Wife,to Julius 1.Vasey and his wife, by Warranty Deed dated May 4, 1927 and recorded June 10, 1927 in Book 171 of Deeds, page 509; also excepting therefrom that part thereof conveyed by Frank H.Wattles and wife,to Julius J.Vasey by Warranty Deed dated November 12, 1928 and recorded in Book 189 of Deeds, page 440), in Wattles Second Addition to McHenry, a Subdivision of part of Outlots 1, 2, 11, 13 and 14, of County Clerk's Plat and lying in the Northwest quarter of Section 35,Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded April 8, 1927 as Document No. 77644 in Book 5 of Plats, page 94, in McHenry County, Illinois, excepting therefrom the North 445. 2 feet of Block 10 of Wattles Second Addition to McHenry previously conveyed to Trustees of Schools of township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois. AND Part of Block ten (10) of Wattles Second Addition, described as follows: Starting at the Northwest corner of Block thirteen (13) of said Addition and running thence Westerly with the North line of said Block extended three hundred sixty-six and three tenths (366. 3)feet to the West line of Outlot eleven (11)of the County Clerk' s Plat;thence south along the West line of Outlot eleven (11)to the Northwest corner of Outlot twelve (12);thence easterly along the North line of said Outlot twelve (12),three hundred sixty-six and three tenths (366.3)feet to the southwest corner of said Block thirteen (13); thence North along the West line of said block thirteen (13); one hundred thirty-one and three tenths (131. 3) feet to the place of beginning. Said Addition being a subdivision of part of the Northwest quarter of Section thirty-five (35),Township forty-five (45) North, Range eight(8) East of the Third Principal Meridian, according to the plat thereof recorded April 8, 1927, as Document No. 77644, in Book 5 of Plats, page 94, in McHenry County, Illinois. AND Lot one (1) in Block thirteen (13) in Wattles Second Addition to McHenry, being a subdivision in a part of the Northwest Quarter of Section thirty-five (35),township forty-five (45) North, Range eight (8) East of the Third Principal meridian, according to the Plat thereof recorded April 8, 1927 as Document No. 77644 in Book 5 of Plats, page 94, in McHenry County, Illinois. 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