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.