HomeMy WebLinkAboutOrdinances - O-88-454 - 05/04/1988 - GRANT ZONING AND OVERLAY DISTRICT TO MCHENRY SANDRECEIVED
ORDINANCE NO. 0-88-454
APR 2 21988
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS CITY OF MCHENRY
WHEREAS, MCHENRY SAND AND GRAVEL COMPANY, INC., is the
owner of the! real estate described in Section I of this
Ordinance; and
WHEREAS, the Corporate Authorities for and on behalf of
the City of McHenry, McHenry County, Illinois, have
heretofore approved an Annexation Agreement pertaining to the
real estate described in Section I of this Ordinance under
the terms and provisions of which this Ordinance is to be
passed establishing the zoning classification of said real
estate as "RS-l", Single -Family Residential District,
together with an "A-M", Agricultural & Mining Overlay
District as defined by the Zoning Ordinance of the City of
McHenry, Illinois, granting a Conditional Use Permit under
the provisions of the Zoning Ordinance of the City of
McHenry, Illinois, so as to permit the property hereinafter
described to be used for the operation of a commercial sand
and gravel business, including the extracting, site
reclamation and processing of sand, gravel and other earth
materials and granting a variation from the maximum ten (10)
year term authorized by the Zoning Ordinance for conditional
uses so as to conditionally allow a second ten (10) year term
to be added thereto; and
WHEREAS, Notice of public hearing before the City of
McHenry Plan Commission and the City of McHenry Zoning Board
of Appeals was published in the NORTHWEST HERALD, a newspaper
of general circulation in,the City of McHenry, within the
time provided by law; and
WHEREAS,. the City of McHenry Zoning Board of Appeals has
held a publ-..c hearing on the re -zoning of the property
hereindescr:ibed to the "RS-1", Single -Family Residential
District classification, together with an "A-M", Agricultural
& Mining Overlay District classification, granting the
issuance of a Conditional Use Permit to allow the property to
be used for the operation of a commercial sand and gravel
business, including the extraction, site reclamation, and
processing of sand, gravel and other earth materials and has
filed its report with the City Council recommending that the
zoning classification and Conditional Use Permit requested by
the owners of said real estate should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section I. That the following -described real estate is
hereby classified "RS-1", Single -Family Residential District
with an "A-M", Agricultural & Mining Overlay District as
defined in the Zoning Ordinance of the City of McHenry,
McHenry County, Illinois:
The South Half of the South Half of Section 29 (excepting
the South Half of the Southeast Quarter of Section 29;
ALSO: excepting that part of the South Half of the
Southwest Quarter of Section 29, described as follows:
Beginning at the Northeast Corner of the South Half of
the Southwest Quarter of Section 29 and running thence
West on the North line thereof for a distance of 925 feet
to a point; thence South at right angles to the last
described line, at the last described point, for a
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distance of 400 feet to a point; thence Southeasterly on
a line forming an angle of 30 degrees and 30 minutes to
the left with a prologgation of the last described line,
at the last described point, for a distance of 285 feet
to a point; thence Southeasterly in a straight and direct
line to a point on a line drawn 425 feet West of and
parallel to the East line of the South Half of the
Southwest Quarter of said Section 29, said point also
being 510 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of
250.03 feet to a point; thence Southwesterly in a
straight and direct line to a point which is 200.02 feet
North of the South line thereof and also being on a line
475 feet West of and parallel to the East line of the
South Half of the Southwest Quarter of said Section 29;
thence South on the last mentioned parallel line for a
distance of 200.02 feet to the South line thereof; thence
East on said South line to the Southeast corner of the
Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), and the East Half of the
Southeast Quarter of Section 30 all in Township 45 North,
Range 8 East of the Third Principal Meridian, in McHenry
County, Illinois.
Section II. That the following -described real estate is
hereby granted a Conditional Use Permit under the provisions
of the City of McHenry Zoning Ordinance so as to allow the
property to be used for the operation of a commercial sand
and gravel business, including the extracting, site
reclamation and processing of sand, gravel and other earth
materials, Except that processing shall only be permitted in
the Northwest 40 acres of the premises described in Section
IV of a certain Annexation Agreement dated
May 4 ,
1988, enterE�d into by the City of McHenry and McHENRY SAND &
GRAVEL COMPANY, McHENRY STATE BANK, as Trustee under the
provisions of a Trust Agreement dated January 14, 1983, and
known as Trust No. 2670, and McHENRY STATE BANK, as Trustee
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under the provisions of a Trust Agreement dated August 1,
1980, and known as Trust tyo. 2017:
The South Half of the South Half of Section 29 (excepting
the South Half of the Southeast Quarter of Section 29;
ALSO: excepting that part of the South Half of the
Southwest Quarter of Section 29, described as follows:
Beginning at the Northeast Corner of the South Half of
the Southwest Quarter of Section 29 and running thence
West on the North line thereof for a distance of 925 feet
to a point; thence South at right angles to the last
described line, at the last described point, for a
distance of 400 feet to a point; thence Southeasterly on
a line forming an angle of 30 degrees and 30 minutes to
the left with a prolongation of the last described line,
at the last described point, for a distance of 285 feet
to a point; thence Southeasterly in a straight and direct
line to a point on a line drawn 425 feet West of and
parallel to the East line of the South Half of the
Southwest Quarter of said Section 29, said point also
being 510 feet North of the South line thereof; thence
South parallel to the East line thereof for a distance of
250.03 feet to a point; thence Southwesterly in a
straight and direct line to a point which is 200.02 feet
North of the South line thereof and also being on a line
475 feet West of and parallel to the East line of the
South Half of the Southwest Quarter of said Section 29;
thence South on the last mentioned parallel line for a
distance of 200.02 feet to the South line thereof; thence
East on said South line to the Southeast corner of the
Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), also (excepting therefrom the
following -described premises, to wit: That part of the
South Half of the Southwest Quarter of Section 29,
described as follows: Commencing at the Northeast Corner
of the South Half of the Southwest Quarter of Section 29
and running thence West on the North line thereof for a
distance. of 925 feet for a place of beginning; thence
South at. right angles to the last described line, at the
last described point, for a distance of 400 feet to a
point; thence Southeasterly on a line forming an angle of
30 degrees and 30 minutes to the left with a prolongation
of the last described line, at the last described point,
for a distance of 285 feet to a point; thence
Southeasterly in a straight and direct line to a point on
a line drawn 425 feet West of and parallel to the East
line of the South Half of the Southwest Quarter of said
Section 29, said point also being 510 feet North of the
South line thereof; thence South parallel to the East
line thereof for a distance of 250.03 feet to a point;
thence Southwesterly in a straight and direct line to a
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point which is 200.02 feet North of the South line
thereof and also being on a line 475 feet West of and
parallel to the East nine of the South Half of the
Southwest Quarter of said Section 29; thence South on the
last mentioned parallel line for a distance of 200.02
feet to the South line thereof; thence West on said South
line, a distance of 200.01 feet to the intersection with
a line drawn 675 feet West of and parallel with the East
line of the South Half of the Southwest Quarter of said
Section 29; thence Northerly along the last described
parallel line, a distance of 146.47 feet; thence
Northwesterly along a line forming an angle of 31
degrees, 39 minutes, 16 seconds to the right with a
prolongation of the last described line, a distance of
981.75 feet; thence Northerly along a line forming an
angle of 31 degrees, 41 minutes, 26 seconds to the right
with a prolongation of the last described line, a
distance of 332.15 feet, to the Northerly line of the _
South Half of the Southwest Quarter of said Section 29;
thence Easterly along said Northerly line, a distance of
265.24 feet, to the point of beginning) and the East Half
of the Southeast Quarter of Section 30 all in Township 45
North, Range 8 East of the Third Principal Meridian, in
McHenry County, Illinois.
Section III. The term of the Conditional Use Permit
shall be for an initial term of ten (10) years, which permit
shall be automatically extended for an additional ten (10)
years, providing, however, that there are no substantial and
recurring violations of the Annexation Agreement and the
amendment thereof of Federal or State mining, environmental
and reclamation laws or regulations or of the City of McHenry
Zoning Ordinance during the initial ten (10) year period.
The Owners shall request the Department of Mines and
Minerals, Lind Reclamation Division, of the State of Illinois
and any and all other agencies that may be necessary or
appropriate,, to furnish directly to the City of McHenry the
following Department or Agency materials and information
relating to the OWNERS' operations on the aforesaid premises
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on a current and ongoing basis throughout the time that any
operations are being conducted thereon pursuant to the
Conditional Use Permit granted by the City of McHenry
hereunder to the OWNERS:
Notice of statutory or regulatory violations
Notice of intent to revoke any bond
Inspection reports
Reports regarding reclamation
Annual aerial photography of the premises
Stop work orders
Complaints or other pleadings involving Department
or Illinois Environmental Protection Agency
actions or proceedings against OWNERS' operations
The foregoing material and information may be considered
by the CITY in determining whether or not there has been any
substantial or recurring violation of the conditions of the
variance hereby granted during the initial ten-year term of
the Conditional Use which would warrant a revocation by the
CITY of the "automatic" subsequent ten-year term of said
Conditional Use Permit or any other action pursuant to this
Agreement or under any of the CITY Ordinances.
Representatives of the CITY may enter upon the real
estate where such conditional use operations are being
conducted al: all reasonable times for the purpose of
inspection to determine whether or not the provisions of the
Zoning Ordinance of the City of McHenry, of the aforesaid
Reclamation Plan, and of this Agreement have been complied
with.
I
Section IV. All maps, plats, journals and other records
and Comprehensive Land Use Map
including the zoning district map/of the City of McHenry be
and the same are hereby amended to reflect the zoning of the
above -described real estate.
Section V. This Ordinance shall be known as Ordinance
No. 0-88-4521 and shall be in full force and effect from and
after its passage and approval as required by law.
PASSED this 4th day of May , 1988.
AYES: Lieder, Bolger, McClatchey, Patterson, Nolan, Serritella, Smith, Teta
NAYS: None
ABSTAINING: None
ABSENT: None
APPROVED THIS 4th DAY OF May , 1988.
Mayor
ATTEST:
City Clerk
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