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HomeMy WebLinkAboutOrdinances - O-99-904 - 01/20/1999 - GRANT ZONING AND CUP 2103 W RTE 120ORDINANCE NO. 9 99 9 4 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND EXPANSION OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF STATE ROUTE 120, WEST OF ADAMS OUTDOOR POWER EQUIPMENT, 2103 WEST ROUTE 120, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, on February 7, 1996, the City approved Ordinance 0-96-770, which granted a Zoning Map Amendment to C-5, Highway Commercial, and a Conditional Use Permit to allow outside sales of lawn/garden equipment, an open sales lot for display of sheds, and outside storage of equipment at Adams Outdoor Power Equipment, 2103 West Route 120; and WHEREAS, a petition has been filed with the City Clerk by Richard and Rita Adams and the City of McHenry requesting a Zoning Map Amendment to C-5, Highway Commercial, and expansion of a Conditional Use Permit for Outdoor Storage and an Open Sales Lot for a 0.427 acre property located immediately west of Adams Outdoor Power Equipment, which property is legally described on Exhibit A, attached hereto and made a part hereof (the "Subject Property); and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on December 7, 1998, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the taking of evidence, and the viewing of exhibits advanced thereat, the Zoning Board of Appeals did unanimously recommend approval of the requested Zoning Map Amendment and expansion of a Conditional Use Permit to the City Council; and WHEREAS, the City Council has considered the evidence and report from the Zoning Board of Appeals and finds that the approval of the requested zoning changes 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 be granted a Zoning Map Amendment to C-5, Highway Commercial. SECTION 2: That the Subject Property be granted an expansion to a Conditional Use Permit originally approved on February 7, 1996, by Ordinance 0-96-770, for Outdoor Storage and an Open Sales Lot. SECTION 3: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. 2. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. 3. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. SECTION 4: In granting said expansion to a Conditional Use Permit, the City Council finds that it will be compatible with existing uses in the area, and with the Permitted Uses in the zoning district, in the following ways: 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance 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, have been appropriately controlled. 3. Neighborhood Character 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. Public Services and Facilities 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. Public Safety and Health 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. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 20Tx DAY OF JANUARY , 1999. NAYS: NONE. ABSTAINED: NONE. ABSENT: NONE. NOT VOTING: NONE. APPROVED THIS 20TH DAY OF JANUARY , 1999. 40A�Y�0 �R ATTEST: CITY �CLER�K� // EXHIBIT A LEGAL DESCRIPTION: That part of the Northwest Quarter of Government Lot 1 of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian, being described as follows: Beginning at the intersection of the South line of the Northwestern Quarter of Government Lot 1 with the Westerly right-of-way line of the Chicago and Northwest Railway Company, thence South 89 degrees, 09 minutes, 06 seconds West along the South line of said Northwest Quarter, 1115.12 feet; thence North 0 degrees, 50 minutes, 44 seconds West, 666,60 feet to the North line of the South 10 chains and 10 links of said Northwest Quarter; thence North 89 degrees, 09 minutes, 16 seconds East along said North line, 1499.30 feet to the Westerly right-of-way line of the Chicago and Northwest Railway Company; thence South 29 degrees, 07 minutes, 01 seconds West along said Westerly right-of-way line, 769.24 feet to the place of beginning, in McHenry County, Illinois.