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HomeMy WebLinkAboutOrdinances - ORD-00-954 - 03/15/2000 - GRANT ZONING AND CUP 591 RIDGEVIEW DR MRACHEKORDINANCE NO. ORD-00-954 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT AT 591 RIDGEVIEW DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Robert and Marlene Mrachek, Contract Purchasers, requesting a Zoning Map Amendment to 0-1, Local Office and a Conditional Use Permit for a Mortuary at 591 Ridgeview Drive; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on February 7, 2000, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested Zoning Map Amendment and Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendation from the Zoning Board of Appeals and finds that the approval of the requested Zoning Map Amendment and Conditional Use Permit 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 property commonly know as 591 Ridgeview Drive and legally described on Exhibit A, attached hereto and incorporated herein by reference, be granted a Zoning Map Amendment to 0-1, Local Office, and a Conditional Use Permit for a Mortuary. 1 SECTION 2: That the approval of the Conditional Use Permit as provided in this ordinance is granted subject to the following conditions: 1. The property shall be developed in substantial conformance with the latest site plan prepared by Smith Engineering Consultants, Inc., dated 12/2/99, and last revised on 2/23/00. 2. The permitted ground sign for the subject property shall be limited to a monument type design, with a maximum height of eight feet. 3. That a contribution of one thousand eight hundred seventy-five dollars ($1,875) for a future traffic signal at the intersection of Ridgeview Drive and Bull Valley Road shall be provided to the City prior to issuance of any permits for the subject property. 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: The requested zoning classification is compatible with the existing uses and zoning of property in the environs. 2. The requested zoning classification is supported by the trend of development in the general area. 3. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan. 4. The requested classification promotes the public interest. 2 SECTION 4: In granting said Conditional Use Permit, the. City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. 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. 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. 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. 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. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 3 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 15th AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: DAY OF March 12000 Bolger, Glab, McClatchey, Murgatroyd, Baird. None. None. None. None. APPROVED THIS 15th DAY OF March 2000 ATTEST: .4 Wo 5, NO A &;W IMF 4 Exhibit A Legal Description of the SUBJECT PROPERTY ZHAr PARr OF THE SOUTHWEST' QUARTER OF THE NORTHEAST QUARTER Or SEC17ON X TOW-9q/P 44 NORTH, RANGE a EASr OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS.- aEGAINING AT THE sourHiEsr CORNER or s4/D soumnur QUARTER OF' SAID NORTHEAST QUARTER. THENCE NORTF4 00 DEGREES 14 MINUTES 40 SECONDS EASr (ASSUMED BEARING) ALONG THE WESr LINE OF SAID SOUTHWSr QUARTER OF SAID NORTHEAST QUARTER, A DISTANCE OF 486.81 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 53 SECONDS EAST 29Z24 FEET TO A Pow ON A CURVE, SAO POINT' ALSO BEING ON THE WEST RIGHT OF' WA Y LINE OF THE ROAD DEDICA TED A uGus r 6,1999 AS DOCUMEN T NO. 99ROO56583.- THENCE SOU THERL Y AL ONG SAID *E5 TERL Y RICH T ar' WA Y SAID RIGH T OF WA Y BE#VG A CUR VE CONCA VE TO THE WES r HA WNG A RADIUS OF 3220.50 FEET AN ARC DISTANCE OF 356-66 FEET TO A POINT OF TANGENCr THE CHORD Or SAID ARC HAWNG A LENGTH OF J56.47 FFEr AND A BEARING OF SOUTH 3 DEGREES 10 MINUTES 47 SECONDS EAST; THENCE CONTINUING SOUTH q DEGREES q MINUTES 25 sEcoups rAsr ALONG SAID KESTERLY RIGHT OF WAY A DISTANCE OF 130.59 FEEr To THE SOUTH LINE or SAID sou7HKsr QUARTER OF SAID NORTHEAST' QUARTER. SAID LINE ALSO BEING THE NORTHERLY RIGHT OF WAY OF BULL VALLEY ROAD PER DOCUMENT NO. 607447; THENCE SOUTH 89 DEGREES 14 MINUTES 53 SECONDS VEST ALONG SAID SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER. A DISTANCE OF 319.11 FEET TO THE PLACE OF' BEGINNING. IN McHENRY COUNTY; IUINOIZ CONTAINING -150 ACRM MORE OR LESS