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HomeMy WebLinkAboutOrdinances - ORD-18-1900 - 10/15/2018 - Conditional Use Permit The ChapelCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 18-1900 An Ordinance granting a Conditional Use Permit to allow an Assembly Use for a property located at 1809 S. Illinois Route 31 in the City of McHenry, Illinois. ADOPTED BY THE Mayor and City Council Of The City of McHenry McHenry County State of Illinois October 15, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 15th day of October, 2018 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 18-11 OU AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE FOR A FOR THE PROPERTY LOCATED AT 1809 S ILLINOIS ROUTE 31 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 HB Brewer, 1235 Zange Drive, Algonquin, IL 60102 requesting a Conditional Use Permit to allow an assembly use including a seven-night/week use as a PADS (Public Action to Deliver Shelter) site from the Zoning Ordinance for the property located at 1809 S Illinois Route 31 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 September 19 2018 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: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow an Assembly Use subject to the following condition: • The previously negotiated annexation agreement be renegotiated and presented to the City Council contemporaneously with this zoning request; • The building shall not be utilized as an overnight PADS site until a final certificate of occupancy is approved, following the complete revisions to the building, by the City Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us including connection to the City's potable water system, installation of a sprinkler system and abandonment of the existing well on the subject property. SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. 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 DAY OF .2018 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2018 044,W MAYOR , MtFST: CITY CLERK M( Henr Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us including connection to the City's potable water system, installation of a sprinkler system and abandonment of the existing well on the subject property. SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. 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 15th DAY OF October, 2018 AYES: Alderwoman Condon, Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Curry, Alderman Mihevc and Alderman Devine ABSTAINED: 0 ABSENT: 0 NOT VOTING: 0 APPROVED THIS 15th DAY OF October, 2018 MAYOR ATTEST: CITY CLERK Department of Community & Economic Development 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 Subject Property PARCEL 1: THE SOUTH 299.67 FEET (AS MEASURED BETWEEN PARALLEL LINES) OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CENTER LINE OF PUBLIC HIGHWAY KNOWN AS STATE ROUTE 31, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 2: EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED FROM WASTE MANAGEMENT OF ILLINOIS, INC., A DELAWARE CORPORATION, TO ENCLAVE CORPORATION, AN ILLINOIS CORPORATION, DATED MARCH 15, 1988 AND RECORDED MARCH 16, 1988, AS DOCUMENT NO.99R6993, OVER THE SOUTH 25 FEET, (EXCEPT FOR THE EASTERLY 30.01 FEET AND THE WESTERLY 164.0 FEET THEREOF), OF THE NORTH 251.98 FEET OF THE SOUTH 551.65 FEET OF THE WEST 345.74 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. Permanent Real Estate Index Number: 14-10-402-006 Debra Meadows, Deputy Clerk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 dmeadows@ci.mchenry.il.us October 16, 2018 HB Brewer 1235 Zange Drive Algonquin, IL 60102 Dear Mr. Brewer, Please find enclosed a fully executed true and accurate copy of Ordinance 18-1900, an Ordinance granting a Conditional Use Permit to allow an Assembly Use for a property located at 1809 S. Illinois Route 31 in the City of McHenry, Illinois. Sincerely, Debra Meadows Deputy City Clerk The City of lldlemy is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efrcient, and fiscaQl' responsible ntanncr.