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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, tco� DE, b A - / / -9 �2_ / 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 -2- 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: =cic 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 -4- 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 -5- 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. I 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: Ma o -7 - n Count3 S.Fwy-R C.d. Inc. R. 302 Glhoun Stu.. PLAT OF SURVEY OF a 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. 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