HomeMy WebLinkAboutOrdinances - O-90-561 - 08/23/1990 - ANNEX MEYER MATERIAL PROPERTYORDINANCE NO. 0-90-561
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF
CERTAIN -DESCRIBED REAL ESTATE TO THE EXISTING
CORPORATE LIMITS OF THE CITY OF McHENRY, McHENRY COUNTY,
ILLINOIS, AND AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS,
TO ZONE THE REAL ESTATE ANNEXED
WHEREAS, CHICAGO TITLE & TRUST COMPANY, as Trustee under
the provisions of a Trust Agreement dated July 17, 1968, and
known as Trust No. 53278, is the owner of the real estate
hereinafter described; and
WHEREAS, there are no electors residing on said real
estate; and
WHEREAS, said real estate is not located in any other
municipality and is contiguous to the existing corporate
limits of the City of McHenry, McHenry County, Illinois, and
the owners of said real estate desire to annex the said real
estate and have petitioned the City Council of the City of
McHenry, McHenry County, Illinois, for annexation of said
real estate; and
WHEREAS, the Corporate Authorities of the City of McHenry,
McHenry County, Illinois, have heretofore approved the
Annexation Agreement bearing the 3rd day of October ,
1991, between the City of McHenry, MEYER MATERIAL COMPANY, an
Illinois general partnership, and CHICAGO TITLE & TRUST
COMPANY, as Trustee under the provisions of a Trust Agreement
dated July 17, 1968, and known as Trust No. 53278, which
provides in part for the annexation of said real estate to
the existing corporate limits of the City of McHenry,
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Illinois, and for the establishment of the zoning of said
real estate to be "RS-1", Single -Family Residential District
classification, together with an "A-M", Agricultural and
Mining Overlay District classification, as defined by the
zoning Ordinance of the City of McHenry, Illinois, and
further, for the issuance of a conditional use in the
Agricultural and Mining Overlay District so as to permit the
property hereinafter described to be used for the operation
of a commercial sand and gravel business, including the
extracting, processing, storing, and trucking of sand,
gravel, and other earth materials; and
WHEREAS, notice of public hearing before the City of
McHenry Plan Commission 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 Plan Commission held a
public hearing in connection with the amendment of the
Comprehensive Plan Land Use Map as it relates to the property
hereindescribed and has filed its report with the City
Council recommending that said Map and Plan may be amended so
as to be in conformity with the land uses authorized by the
zoning granted hereby to the said premises; and
WHEREAS, notice of public hearing before 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
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WHEREAS, the City of McHenry Zoning Board of Appeals held
a public hearing on the rezoning of the property herein -
described to the "RS-1", Single -Family Residential District,
together with an "A-M", Agricultural and Mining Overlay
District and for the issuance of a conditional use permit in
the Agricultural and Mining Overlay District to allow 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 the establishment of the
above -described zoning classifications thereon, the granting
of said conditional use permit, and the granting of a
variance conditionally extending the maximum ten (10) year
term authorized by the Zoning Ordinance for conditional uses
so as to allow an additional term which shall expire on
May 4, 2008, in order that the conditional use may run
concurrently with the permit approved under Ordinance No.
0-88-453 and passed by the Corporate Authorities on May 4,
1988.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. The following -described real estate be and
the same is hereby annexed to, and made a part of the
corporate limits of the City of McHenry, McHenry County,
Illinois, including all adjoining roads or highways as
required by law:
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All that part of the West Half of the East Half of the
Northeast Quarter of Section 30, Township 45 North, Range
8 East of the Third Principal Meridian, which lies
Southerly of the right of way line of State Route 120, in
McHenry County, Illinois.
Section 2. That an accurate map of the real estate above -
described and annexed is attached hereto as Exhibit "A". The
City Clerk shall cause a certified copy of this Ordinance,
with said map attached thereto as Exhibit "A", to be recorded
in the Office of the Recorder of Deeds, McHenry County,
Illinois. Following the recordation of this Ordinance and
the map of the real estate above -described and annexed, a
certified copy thereof, with said map attached thereto, shall
be filed in the Office of the Clerk of McHenry County,
Illinois.
Section 3. The real estate above -described and annexed
is hereby classified "RS-1", Single -Family Residential
District with an "A-M", Agricultural and Mining Overlay
District as defined in the Zoning Ordinance of the City of
McHenry, McHenry County, Illinois.
Section 4. That the above -described real estate is
hereby granted a conditional use permit under the provisions
of the City of McHenry Zoning Ordinance so as to allow said
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. The conditional use permit shall be for an
initial term of ten (10) years, which permit shall be
automatically extended for an additional term which shall
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expire on May 4, 2008, providing, however, that there are no
substantial or recurring violations of the Annexation
Agreement or Federal or State mining, environmental, and
reclamation laws, or regulations, or of the City Zoning
Ordinance during the initial ten (10) year period. The
owners shall request the Department of Mines and Minerals,
Land 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, Illinois, the
following department or agency materials and information
relating to the owners' operations on the aforesaid premises
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 procedures 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 (10) year term
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of the conditional use which would warrant a revocation by
the City of the "automatic" subsequent term of said
conditional use permit.
Representatives of the City may enter upon the real
estate where such conditional use operations are being
conducted at 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.
Section 5. The report of the City of McHenry Zoning
Board of Appeals, which includes the express recommendation
that said property be reclassified to "RS-1", Single -Family
Residential District with an "A-M", Agricultural and Mining
Overlay District, and that a conditional use permit be issued
to the above -described property so as to allow it to be used
in the operation of a commercial sand and gravel business,
including the extraction, processing, and transporting of
sand, gravel, and other excavated materials, be and the same
is hereby approved.
Section 6. All maps, plats, journals, and other records,
including the official map of the corporate boundaries, the
Land Use Map, and the Zoning District Map of the City of
McHenry, be and the same are hereby amended to reflect the
annexation and zoning of the above -described real estate.
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Section 7. This Ordinance shall be known as Ordinance
No. 0-90-561 and shall be in full force and effect from and
after its passage and approval as required by law.
PASSED BY A TWO-THIRDS (2/3) MAJORITY OF THE CORPORATE
AUTHORITIES OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS,
THIS 23rd DAY OF August , 1990.
AYES: Bolger, Donahue, Lieder, Patterson, Serrite"lla, Smith, Teta, Busse
NAYES : McCI atchey
ABSTAINING: None
ABSENT: None
APPROVED THIS 23rd DAY OF August , 1990.
.A'T�TEST:
City Clerk
0481D
CITY OF McHENRY, ILL NOIS
By:
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PLAT OF SURVEY OF
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ALL THAT PART OF Tiff VEST HALF OF THE PAST HALF OP THE NORTHEAST QUARTER OF SECTION 50. TOVNSHIP 45 NORTH. RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN. VHICR LIES SOUTHERLY OF THE RIGHT OF WAY LIUL OF STATE ROUTE 320. IN MCHENRY COUNTY.
ILLINOIS.
NOTE; THERZ ARE NO STREAMS OR RIVERS FLAYING ACROSS THIS MWERTT. DATED JUNE 14TH. A.D. 1989.
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