HomeMy WebLinkAboutOrdinances - ORD-00-978 - 09/13/2000 - GRANT ZONING CUP OPEN SALES TOOL LANDORDINANCE NO. ORD-00-978
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT
TO C-5, HIGHWAY COMMERCIAL, AND A CONDITIONAL USE PERMIT
FOR AN OPEN SALES LOT FOR LANDSCAPE MATERIALS AND
SEASONAL PRODUCTS TO TOOL LAND, 2350 W. ROUTE 120,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Christine & David
Zickus requesting a Zoning Map Amendment from E to C-5 and Conditional Use
Permit for an open sales lot for landscape materials and seasonal products at
2350 W. Route 120 (Tool Land); and
WHEREAS, a public hearing on said petition was held before the Zoning
Board of Appeals on August 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 2350 W. Route 120 (Tool
Land) and legally described on Exhibit A, attached hereto and incorporated
herein by reference, be granted a Zoning Map Amendment to C-5, Highway
Commercial and a Conditional Use Permit for an open sales lot for landscape
materials and seasonal products.
SECTION 2: The approval of the Conditional Use Permit as provided in this
ordinance is granted subject to the following conditions:
1. All outdoor storage shall be contained within the 40' x 80' area at the
northwest comer of the paved parking area, as depicted on the latest
site plan submitted for zoning approval.
2. Outdoor storage shall be limited to 1) Agricultural products, including
pumpkins, gourds, cornstalks, Christmas trees, wreaths, and garland,
and 2) Earth products, all of which shall be contained in bags or on
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pallets, including gravel, dirt, rocks, rock salt, decorative stone,
fertilizer, grass seed, weed control products, firewood, plants and trees.
3. Arbor vitae (or similar landscaping material), 5 feet in height, shall be
installed and maintained along the north edge of the outdoor storage
area.
4. A light standard shall be installed at the southeast or southwest corner
of the outdoor storage area, at the discretion of the applicant.
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.
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 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 convenience facilities or
services to a degree disproportionate to that normally expected of
permitted uses in the district, nor generate disproportionate demand for
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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 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 1 -ATT4 DAY OF -
FPTFm-RvR 12000
AYS:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
CITY CLERK/'
-BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NONE.
NONE.
-NONE.
NONE.
13TH DAY OF SEPTEMBER 2000
A �YO R
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Exhibit A
This property consists of approximately I acre, more or less, and is located at the location
commonly known as 2350 Route 120, McHenry, Illinois and legally described as follows:
The East 150 feet of the West 450 feet of the following described tract of land
located in the Southeast Quarter of Section 25, and the Northeast Quarter of
Section 36, Township 45 North, Range 8, East of the Third Principal Meridian,
described as follows: Commencing at the Southwest comer of Lot 44 in Block 7
in Eastwood Manor Unit No. 2, being a Subdivision of part of the Southeast
Quarter of Section 25, Township 45 North, Range 8, East of the Third Principal
Meridian, and part of the Northeast Quarter of Section 36, Township 45 North,
Range 8, East of the Third Principal Meridian, according to the Plat thereof
recorded August 17, 1956 as Document No. 311472, in Book 12 of Plats, page
82, McHenry County, Illinois; thence South along the East line of Hillside Lane,
350 feet to the center line of State Route 120; thence East along the center of said
highway, 900 feet; the North parallel with the East line of Hillside Lane, 350 feet
to the South line of Block 7; thence West along the South line of said Block 7, 900
feet to the place of beginning, (excepting that part thereof taken for highway), in
McHenry County, Illinois.
Commencing at the Southwest comer of Lot 44 in Block 7 in Eastwood Manor
Unit No. 2) being a Subdivision of part of the Southeast Quarter of Section 25 and part of
the Northeast Quarter of Section 36, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded August 17, 1956, as Document
311472, in Book 12 of Plats, page 82, in McHenry County, Illinois, thence on an assumed
bearing of South 0 degrees, 31 minutes, 20 seconds East along the East line of Hillside
Lane 349.90 feet (350.00 feet recorded) to a point on the centerline of Mois Route 120;;
thence North 89 degrees 28 minutes 40 seconds East along said centerline 300.00 feet to
the Southwest comer of the lands of the grantor for a point of beginning; thence
continuing along the last described course 150-00 feet to the Southeast comer of the
lands of the grantor; thence North 0 degrees 31 minutes 20 seconds West along the East
line thereof 50.00 feet; thence south 89 degrees 28 minutes 40 seconds West parallel with
the centerline of Illinois Route 120 a distance of 150.00 feet to a point on the West line of
the lands of the grantor; thence South 0 degrees 31 minutes 20 seconds East along s7aid
West line 50.00 feet to the point of beginning, in McHenry County, Iffinois.
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