Loading...
HomeMy WebLinkAboutOrdinances - ORD-00-971 - 07/19/2000 - GRANT ZONING CUP TO AMOCO OIL CO 5301 BULL VALLEYORDINANCE NO. ORD-00-971 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-1, CONVENIENCE COMMERCIAL, AND AN AMENDMENT TO THE CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION GRANTED BY ORDINANCE 0-89-506 TO AMOCO OIL COMPANY, 5301 BULL VALLEY ROAD�, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, on August 2, 1989, the City approved Ordinance 0-89-506, which granted a Conditional Use Permit to Amoco Oil Company for an Automobile Service Station at 5301 Bull Valley Road, subject to certain conditions, which included the installation of a 15-foot wide landscape buffer along the west and south property lines, and certain operational restrictions on the automobile service station; and WHEREAS, a petition has been filed with the City by Amoco Oil Company requesting an amendment to the Conditional Use Permit to eliminate the required landscape buffer and certain operational restrictions, and a Zoning Map Amendment from RS-1 to C-1, Convenience Commercial, for a 30-foot strip of property to the west and south of the Amoco station to match a proposed resubdivision; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on April 17, 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 amendment to the 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 amendment to the 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. I 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 a 30-foot strip of property to the west and South of the Amoco station at 5301 Bull Valley Road and legally described on Exhibit A, attached hereto and incorporated herein by reference, be granted a zoning map amendment to C-1, Convenience Commercial, and that an amendment be granted to the Conditional Use Permit granted by Ordinance 0-89-506 for the property commonly know as the Amoco station at 5301 Bull Valley Road and legally described on Exhibit B, attached hereto and incorporated herein by reference, to eliminate certain operational restrictions and the required 15-foot wide landscape buffer along the west and south property lines as provided in Section 1, Paragraphs A. 1, A.2, A.3 and A.5 of Ordinance 0-89-506. SECTION 2: The approval of the amendment to the conditional use permit as provided in this ordinance is granted subject to the following conditions: 1. All conditions of approval of Ordinance 0-89-506 not specifically eliminated or in conflict with this ordinance shall remain if full force and effect. 2. Except as otherwise provided in Section 1, the property shall continue to be used and developed in substantial conformance with the site and landscaping plan approved and attached to Ordinance 0-89-506 as Exhibit C. 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: A. The requested zoning classification is compatible with the existing uses and zoning of property in the environs. B. The requested zoning classification is supported by the trend of development in the general area. 2 C. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan. D. The requested classification promotes the public interest. SECTION 4: In granting said amendment to the Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: A. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. 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. C. 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. D. 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. E. 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. F. 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 repeated 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. 3 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 19TH . DAY OF JULY 2000 AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD. NAYS: BAIRD. ABSTAINED: NONE, ABSENT: NONE. NOT VOTING: NONE. APPROVED THIS 19TH DAY OF JULY 12000 ATTEST: is" f Wu W�J.""0.410471 - W' 0 EM CITY CLERK -f PA 51 Exhibit A LOT 2 IN AMOCO M-1 SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE§OUTHEAST QqARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL NffiTMIAN ACCORDING TO THE PLAT OF SAID SUBDMSION RECORDED JULY 19,1995 AS DOCUMENT NO. 95R-028590, IN MCHENRY COUNT-Y, ILLINOIS, EXCEPTING THERE ,FROM THE FOLLOWING: THAT PART OF LOT 2 IN AMOCO M-1 SUBDIVISION, BEING PART OF THE -NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SEC-RON 4, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL NIERIDIAN ACCORDING To THE PLAT THEREOF RECORDED JULY 19,1995 AS DOCUMENT NO. 95R-028590, DESCRIBED AS FOLLOWS: BEGINNING AT TIHE NORTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 2 ON A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1382.40 FEET, AN ARC DISTANCE OF 262.61 FEET AND CHORD BEARING SOUTH 78 DEGREES 50 MN=S 13 SECONDS EAST; THENCE SOUTH 37 DEGREES 53 MIN'UTES 23 SECONDS WEST, 185.00 FEET; THENCE SOUTH 13 DEGREES 03 MIN=S 12 SECONDS WEST, 23.61 FEET; THENCE SOUTH 52 DEGREES 06 MINUT]�S 37 SECONDS EAST, 215.00 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTHERLY ON SAID EASTERLY LINE OF LOT 2 ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS. OF, 14283.60 FEET, AN ARC DISTANCE OF 7.92 FEET AND CHORD BEARING SOUTH 3 8 DEGREES 0 1 MINUTES 37 SECONDS WEST TO A POINT OF TANGENCy; TBENCE SOUTH 38 DEGREES 02 MIN=S 34 SECONDS WEST, ALONG SAID EASTERLY LINE OF LOT 2,250.36 FEET; THENCE SOUTH 88 DEGREES 56 MINUTES 54 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2,313.55 FEET; THENCE NORTH 16 DEGREES 21 NDNUTES 35 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID LOT 2,584.65 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. 5 Exhibit B LOTS 1 AND 2 IN AMOCO M-1 SUBDIVISION OF PART OF THE NORTHWEST 'QtARTER OF THE SOUTHEAST QVARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED JULY 19,1995 AS DOCUMENT NO. 95R-028590, IN MCHENRY COUNTY, ILLINOIS, EXCEPTING THEREFROM THE FOLLOWING: THAT PART OF LOT 2 IN AMOCO M- I SUBDMSION, BEING PART OF TBE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTTL RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 19,1995 AS DOCUMENT NO. 95R-028590, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 2 ON A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1382.40 FEET, AN ARC DISTANCE OF 262.61 FEET AND CHORD BEARING SOUTH 78 DEGREES 50 MINUTES 13 SECONDS EAST; THENCE - SOUTH 37 DEGREES 53 NflNUTES 23 SECONDS WEST, 185.00 FEET; THENCE SOUTH 13 DEGREES 03 MINUTES 12 SECONDS WEST, 23.61 FEET; THENCE SOUTH 52 DEGREES 06 NM,,TUTES 37 SECONDS EAST, 215.00 FEET TO TEE EASTERLY LINE OF SAID LOT 2; THENCE SOUTHERLY ON SAID EASTERLY LINE OF LOT 2 ON A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 14283.60 FEET, AN ARC DISTANCE OF 7.92 FEET AND CHORD BEARING SOUTH 3 8 DEGREES 0 1 MINUTES 37 SECONDS WEST TO A POINT OF TANGENCY; THENCE SOUTH 38 DEGREES 02 MINUTES 34 SECONDS WEST, ALONG SAID EASTERLY LINE OF LOT 2,250.36 FEET; THENCE SOUTH 88 DEGREES 56 MINUTES 54 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, 313.5 5 FEET; THENCE NORTH 16 DEGREES 21 MINUTES 35 SECONDS FAST, ALONG THE WESTERLY LINE OF SAID LOT 2,584.65 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. ALSO KNOWN AS: PROPOSED LOT 1 IN AMOCO M-1 RESUBDIVISION, BEING A RESUBDIVISION OF LOTS I AND 2 IN AMOCO M-1 SUBDIVISION OF PART OF TEE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. R.