HomeMy WebLinkAboutOrdinances - O-89-506 - 08/02/1989 - GRANT ZONING TO AMOCO AND CUPVARIATION DENIED
1 L006C
ORDINANCE NO. 0-89-506
AN ORDINANCE PROVIDING FOR THE AMENDMENT
OF THE ZONING ORDINANCE OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS
WHEREAS, Petitioner, AMOCO OIL COMPANY, a Maryland
corporation, record title owner, filed a Petition with the
Zoning Board of Appeals of the City of McHenry, Illinois,
requesting an amendment to the Zoning Ordinance of the City of
McHenry in regard to the property more fully described in
Exhibit "A", attached hereto and made a part hereof (raid
property hereinafter referred to as "Tract").
AND, WHEREAS, pursuant to notice, a hearing was held before
the Zoning Board of Appeals of the City of McHenry, Illinois, in
rE?gard to the contents of the Petition, and evidence was
introduced by the Petitioner at such hearing in support of its
position;
AND, WHEREAS, the City Council of the City of McHenry,
Illinois, has fully considered the merits of the Petition and
the evidence presented to the Zoning Board of Appeals of the
City of McHenry, including all exhibits containing plans and
specifications for the proposed use;
AND, WHEREAS, the City Council of the City of McHenry makes
the following findings of fact relative to the Petitioner's
request for Conditional Use Permit for the operation of an
automobile service station:
1. That any adverse impact of types or volumes of
traffic flow not otherwise typical in the zoning
district will be minimal.
2. That 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, will be appropriately controlled.
3. That 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. That 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. That 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.
6. That the proposed use is in harmony with any other
elements of compatibility pertinent in the
judgment of the Council to the particular
Conditional Use or its particular location.
AND, WHEREAS, the City Council of the City of McHenry has
determined that the automobile laundry to be erected on a
portion of Tract is an accessory use or building and, therefore,
no variance of the terms of the Zoning Ordinance of the City of
McHenry is deemed necessary for the construction of a second
building on a portion of Tract as requested in said Petition.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the Zoning Ordinance of the City of
McHenry, McHenry County, Illinois, and such Ordinance as
amended, be and is hereby amended so that Tract is classified as
follows:
A. That portion of Tract more fully described in
Exhibit "B", attached hereto and made a part hereof (hereinafter
referred to as "Parcel 111) shall be zoned as "C-1" -
Convenience Commercial District, and granted a Conditional Use
Permit for operation of an automobile service station it being
specifically determined that an automobile laundry is an
accessory use to the automobile service station and is,
therefore, permitted subject to the following conditions:
1. That the automobile laundry's hours of
operation are limited to 7:00 A.M. to 9:00 P.M. Monday through
Saturday and 8:00 A.M. to 6:00 P.M. on Sunday; and
2. That the automobile laundry shall not operate
unless the car wash doors are closed; and
3. That the convenience store doors will be
closed from Midnight to 5:00 A.M. however gasoline and
miscellaneous sales may continue said hours through a
transaction window; and
4. That the shelter for the trash area, be
constructed of materials which match the building materials; and
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5. In addition to the landscaping to be provided
on Parcel 1 described in this Section 1A, if requested by City
at the time of the issuance of a Building Permit for Parcel 1,
owner shall provide, and thereafter maintain, an additional
fifteen (15) foot bermed and landscaped green space
substantially in accordance with the Landscape Plan described as
Exhibit "C", attached hereto and made a part hereof, in that
area of Tract described in Exhibit "D" attached hereto and made
a part hereof, which portion of Tract shall hereinafter be
referred to as Parcel 2, which adjoins the aforedescribed Parcel
1. Sai-d Parcel 2, described in Exhibit "D", shall be restricted
by a covenant running with the land which would require the
completion of the aforesaid fifteen (15) foot landscaped border
for green space, by Amoco, prior to obtaining an Occupancy
Permit for Parcel 1 from the City of McHenry if City requires
said fifteen (15) foot buffer.
B. The remainder of Tract, more fully described in
Exhibit "D" and referred to as Parcel 2, shall be classified as
"RS-1" - Single Family Residential upon annexation to the City
of McHenry.
SECTION 2: The request of Petitioner for a variance of
the terms of Article III, Paragraph I of the Zoning Ordinance of
the City of McHenry, relative to the location of an automobile
service station within 600 feet of another automobile service
station, is hereby denied.
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SECTION 3: This Ordinance shall be in full force and
effect from and after its passage as provided by law.
PASSED THIS 2nd day of August 1989
APPROVED THIS 2nd day of August, 1989
W _
Mayor, CITY 0 McHENRY, Illinois
ATTEST:
O. .
ity Clerk, CITY OF
McHENRY, ILLINOIS
Number voting Aye: Bolger, Serri tel l a , McCI atchey, Smith
Number voting Nay: Lieder, Teta, Patterson
Number abstaining: Donahue
Number absent: None
Approved as to Form:
City Attorney
EXHIBIT "A"
That part of the Northwest Quarter of the Southeast Quarter of
Section. 4, Township 44 North, Range 8 East of the 'Third
Principal Meridian, described as follows: Commencing at the
Northwest corner of said Northwest Quarter of the Southeast
Quarter; thence North 88' 56' 54" East, assumed bearing, along
the North line thereof a distance of 234.20 feet; thence South
100 17' 25" west a distance of 258.90 feet to a point; thence
South 001 50' 23" East, a distance of 378.86 feet to a point;
thence North 880 56' 54" East a distance of 148.53 feet to the
place of beginning of land to be described; thence North 16° 21'
35" East, a distance of 584.91 feet to a point on the Southerly
R.O.W. of Bull Valley Road, said point being on a curve concave
Southerly, having a radius of 1382.40 feet; thence South
Easterly on said curve a chord measurement of 286.6� feet and
bearing of South 780 16' 57" East; thence South 72° 27' 3k4" East
on said Southerly R.O.W. a distance of 212.80 feet to a point on
the Westerly R.O.W. of Crystal Lake Road, said point. beiri._1 on a
curve concave Northwesterly having a radius of 14,287..6i) feet;
thence Southwesterly on said curve a chord measurement. of 296.f-)6
feet and bearing of South 370 25' 1)2" West. to a point, thr-nc_c
South 38' 00' 00" Nest tangent to said curve for a di starice of
250.78 feet to .3 point; thence South 98" 56' ^4" west a rti:,tance
of 313.68 feet and parallel to the North lint_ of paid Horthwe�t
Quarter of the Southeast Quarter to the place of hooinnin- in
Mclienry County, Illinois.
(Fiore i naf l.er referred to as "Tract" ! .
EXHIBIT "B"
That part of the Northwest Quarter of the Southeast Quarter of
Section 4, Township 44 North, Range 8 East of the Third
Principal Meridian in I01cHenry County, Illinois described as
follows: Beginning at the Dntersection of the South line of Bull
Valley Drive with the Nest line of Crystal Lake Road; thence
Westerly along said South line of Bull Valley Drive, 212.23 feet
to a point of curvature in said South li.n�; thence Southwesterly
along a line forming an angle of 1100 14' 34" from East. to South
from the last described course, 184.98 feet; thence
Southeasterly at right angles to the list described course,
201.46, feet to the Westerly line of Crystal Lake Road aforesaid;
thence Northeasterly along said Westerly line, being a curved
line concave to the Northwest. :.and havina a radius of 1 4 , 283 . (:)0
feet, the chord of said Curve being a line forming an angle cf
890 23' 54" 'from the 'nest to North from tier last descr-!bc,,j
course, 258.43 feet to the point of beginning.
(Parcel 1)
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EXHIBIT "D"
That part of the Northwest Quarter of the Southeast Quarter of
Section 4, Township 44 North, Rar►ge 8 East of the Third
Principal Mieridian, described as follows: Commencing at the
Northwest Corner of said Northwest Quarter of the Southeast
Quarter; thence North 88056'S4" East ass►rmed Learing, along the
North line thereof a disc an:-e of 234.20 feet; thence South
10017'25" West a distance of 25F!.90 feet to a point; thence
South 00050'23" East, a distance of 373.86 feet to a point;
thence North 880 56' S4" East a distance of 148.5? feet. to the
place of beginning of land to be described; thence North
16121'35" East, a distance of 584.91 feet to a point on the
Southerly R.O.W. of Bull Valley Road, said point being on a
curve concave Southerly, having a radius of 1382.40 feet; thence
South Easterly on said curve a chord measurement of 286.67 feet
and bearincr of South 78016'57" East; thence South 72027'39" East
on said Southerly R.O.W. a distance of 212.80 feet to a point on
the Westerly P.O.W. of Crystal Lake Road, said point: being on a
curve concave Northwesterly having a radius of 14,283.60 feet;
thence Southwesterly on said curve a chord measurement of 296.66
feet and bearing of South 37025'32" West to a point.; thence
South 38°00'00" West tangent to said curve for a distance of
250.78 feet to a point; thence South 88056'54" West. a distance
of 313.G8 feet and Daral lel to the North line of' said Northwest
Quarter of the Southeast Quarter to the place o!" beginning in
?.,(-henry Cc:ur.ty, Illinois (except ing, and reserving therefrom that
part or the Northwest Quarter of the South(-,,,;t Quarter of
Sect Ion .i—wnshi p 44 Nort:►, Rar10e 8 East of th.r• 'Phi rd
Principal MeridLan in McHenry CoL,r►t•y, Illinois :11-s•--ribed as
follows: 9-q Lnning at thc• Lntt rsr•c l ion of the :�o►.t.h line of
13u11 Valley Drive with the West 1 ins= of Crystal Lake Road;
thence Wes►_Arty allongs.-iid South 1 ine of Bul 1 V:-+l Iey Drive,
212.2'-'. to a point, of c•urvaturr_- ir► sold South I ine; t.hcnc e
South,, stc-!•ly alone, a line forming in angle of 14' 34" from
Fa t to Sou: h from the last'. described rour-sr• , 1 84 . 1jA feet;
thence at. rrohl angles to the 1jist (Jesc-rihod
course, 201 .46 feet to the erly 1'tne of Crystal Lake Road
.aforesaid; thence Northeasterly.' alonq raid Westerly line, being
a curved l:.ne concave to thc• Northwest and having r, r••idius of
1 4 , 283.15n feet, the chord of said (:•rrve boi ng a ling, fermi nq .in
angle of BY' 28' 54" from thy, West to North from the laF;t
described ::curse, 258.43 feces' to the point: of beginnir►y).
( Parcel 2 )