HomeMy WebLinkAboutOrdinances - ORD-00-990 - 09/20/2000 - GRANT CUP GARDEN CTR HOME DEPOTORDINANCE NO. nun_nn_94n
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN OUTDOOR
GARDEN CENTER FOR HOME DEPOT IN THE MEIJER/HOME DEPOT
SUBDIVISION, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Rubloff Development Group
requesting a conditional use permit for an outdoor garden center for Home Depot on Lot
2 of the proposed Meijer/Home Depot Subdivision; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on July 17, 2000, in the manner prescribed by ordinance and statute, and as
a result of said hearing, the Zoning Board of Appeals did recommend to the City Council
the granting of the requested 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
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 known as Lot 2 of the proposed
Meijer/Home Depot Subdivision, and legally described below, is hereby granted a
conditional use permit for an outdoor garden center for Home Depot.
LEGAL DESCRIPTION:
A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23,
Township 45 North, Range 8 East, of the Third Principal Meridian, according to
the plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats,
Page 34, in McHenry County, Illinois, described as follows: commencing at the
Southeast corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds
West 1280.67 feet along the South Line of East '/z of the Southwest % of Section
23, Township 43 North, Range 8 East of the Third Principal Meridian; thence
North 00 degrees 18 minutes, 34 seconds East 330.00 feet; thence South 88
degrees 49 minutes 06 seconds West 49.50 feet to a point on the West Line of
the East '/2 of the Southwest '/a of said Section 23; thence North 00 degrees 18
minutes 34 seconds East 1028.52 feet along said West Line; thence North 89
degrees 58 minutes 30 seconds East 136.51 feet to the point of beginning of the
land to be described: thence North 9 degrees 43 minutes fifteen seconds East
358.67 feet; thence North 317.67 feet; thence East 709.58 feet; thence South 26
degrees 18 minutes 59 seconds East 115.59 feet; thence South 55 degrees 53
minutes 57 seconds East 8.39 feet; thence South 563.51 feet; thence South 89
degrees 58 minutes 30 seconds East 828.33 feet to the point of beginning.
Containing 10.01 acres of land, more or less.
SECTION 2: That the approval of the conditional use permit as provided in this
ordinance is granted subject to the following conditions:
1. That the property shall be developed in substantial conformance with the
latest drawings submitted for zoning approval, which include the exterior
building elevations prepared by Greenberg Farrow, dated August 29,
2000, and the landscape plan prepared by National Surveying &
Engineering, dated September 5, 2000.
2. Home Depot shall maintain signage and store policies prohibiting semi-
trailer trucks from using the McCullom Lake Road access to the
Meijer/Home Depot Subdivision.
SECTION 3: 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:
1. 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; and
6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
SECTION 4: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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 ?nTu DAY OF SF.PTFMRFR , 2000
AYS:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NONE.
NONE.
NONE.
20TH DAY OF SEPTEMBER 2000
MVIS
A R
K
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