HomeMy WebLinkAboutOrdinances - ORD-00-992 - 09/20/2000 - GRANT CUP AUTO SERVICE STATION MEIJER GAS STATIONORDINANCE NO. ORD-00-992
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SERVICE STATION FOR MEIJER 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 automobile service station for Meijer on Lot
10 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 10 of the proposed
Meijer/Home Depot Subdivision, and legally described below, is hereby granted a
conditional use permit for an automobile service station for Meijer.
LEGAL DESCRIPTION:
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 3r° Principal Meridian, according to the
plat thereof recorded May 5, 1902 as Document Number 14082 in Book 2 of
Plats, Page 34 in McHenry County, Illinois, bounded and described as follows,
to -wit: Commencing at the Southeast corner of said Lot 3; thence South 88
degrees 49 minutes 06 seconds West, 37.28 feet to the Westerly right-of-way
line of Route 31; thence North 00 degrees 05 minutes 41 seconds West, along
said Westerly right-of-way line, 190.30 feet to the point of beginning of this
description; thence South 89 degrees 58 minutes 30 seconds West, 298.39 feet;
thence North 29 degrees 39 minutes 33 seconds West, 175.97 feet; thence
Northeasterly along a circular curve to the right, said curve having a radius of
50.00 feet and a central angle of 80 degrees 59 minutes 39 seconds (the chord
of which bears North 10 degrees 50 minutes 16 seconds East, 64.94 feet);
thence Northeasterly along a circular curve to the right, said curve having a
radius of 155.00 feet and a central angle of 12 degrees 12 minutes 32 seconds
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(the chord of which bears North 57 degrees 26 minutes 22 seconds East, 32.97
feet); thence North 63 degrees 32 minutes 37 seconds East, 28.82 feet; thence
North 68 degrees 39 minutes 42 seconds East, 125.92 feet; thence North 63
degrees 39 minutes 00 seconds East 54.27 feet; thence Northeasterly along a
circular curve to the right, said curve having a radius of 190.00 feet and a central
angle of 31 degrees 49 minutes 58 seconds (the chord of which bears North 79
degrees 33 minutes 59 seconds East, 104.21 feet); thence Southeasterly along
a circular curve to the right, said curve having a radius of 50.00 feet and a central
angle of 62 degrees 24 minutes 46 seconds (the chord of which bears South 53
degrees 18 minutes 39 seconds East, 51.81 feet); thence Southeasterly along a
circular curve to the right, said curve having a radius of 190.00 feet and a central
angle of 09 degrees 20 minutes 15 seconds (the chord of which bears South '17
degrees 26 minutes 08 seconds East, 30.93 feet) to the Westerly right-of-way
line of Route 31; thence South 00 degrees 05 minutes 41 seconds East, 275.46
feet to the point of beginning. Containing 2.421 acres, 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:
That the property shall be developed in substantial conformance with the
latest drawings submitted for zoning approval, which include the color
rendering submitted September 20, 2000, and the landscape plan
prepared by Woolpert LLP, dated September 2, 2000, subject to additional
landscaping being provided to screen the rear of the structure and its trash
receptacle from Route 31.
2. The proposed private access road from McCullom Lake Road to Illinois
Route 31, which serves the development, shall be constructed to meet or
exceed City standards.
3. Meijer 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:
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;
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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.
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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 ?nTH DAY OF yF.PTFmRF.R , 2000
AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NAYS: NONE.
ABSTAINED: NONE.
NONE.
ABSENT:
NOT VOTING: NONE.
APPROVED THIS 202,DAY OFgg
F 2000
ATTEST:
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