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HomeMy WebLinkAboutOrdinances - ORD-02-1105.A - 11/04/2002 - GRANT ZONING. FINAL PLAT APPROVAL CUP - GARY LANGORDINANCE NO. ORD-02-1105.A AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, FINAL SUBDIVISION PLAT APPROVAL FOR GARY LANG SUBDIVISION AND A CONDITIONAL USE PERMIT FOR AUTOMOBILE AND TRUCK SALES AND ANCILLARY SERVICES RELATED THERETO TO THE APPROXIMATELY 20 ACRES, 1107 S. ILLINOIS ROUTE 31 AND ADJACENT PROPERTIES TO THE SOUTH ALONG ILLINOIS ROUTE 31 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Gary Lang Auto Group requesting a Zoning Map Amendment to C-5, Highway Commercial District, Final Subdivision Plat approval of Gary Lang Subdivision and a Conditional Use Permit for automobile and truck sales and ancillary services related thereto, including auto and body repair, car washing, car leasing, etc. for the approximately 20 acres located at 1107 S. Illinois Route 31 and adjacent property to the south along Illinois Route 31, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and WHEREAS, a public hearing on said Zoning Amendment and Conditional Use Permit was held on September 5, 2002 and the proposed Final Subdivision Plat was reviewed by the Planning and Zoning Commission on September 19, 2002 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment, Conditional Use Permit and Final Subdivision Plat; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the Zoning Map Amendment, Conditional Use Permit and Final Subdivision Plat currently requested and approved by this ordinance 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 SUBJECT PROPERTY be granted a Zoning Map Amendment to C-5, Highway Commercial District. QQ }fit b I +' rJ SECTION 2. That the final lat entitled "Ga LanW Su i ' ion" repared by Thomas Cichowski, dated 6/24/02, ana last revise , attac a hereto and incorporated herein by reference, be and the same is hereby approved. SECTION 3. That the SUBJECT PROEPRTY be granted a Conditional Use Permit for automobile and truck sales and ancillary services related thereto, including auto and body repair, car washing, car leasing, etc. subject to the condition that these ancillary uses shall only be permitted as long as automobile and truck sales is the principal use on the SUBJECT PROPERTY. SECTION 4: 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: 1. 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; and 4. The requested classification promotes the public interest. SECTION 5: 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. 2 SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 7: 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 8: 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 4TH DAY OF NOVEMBER , 2002 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 4TH DAY OF NOVEMBER 12002 MAYOR ATTEST: 3 EXHIBIT A Legal Description of Subject Property Parcel 1: Lot 1 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R005000 of Section 10 Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-002 Parcel 2: That part of Lot 2 of McHenry Corporate Center Unit 4 according to the Plat thereof recorded January 30, 1996 as Document No. 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-005 Parcel 3: Lot 3 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-007 Parcel 4: Lot 4 of McHenry Corporate Center Unit 7 according to the Plat thereof recorded May 26, 1999 as Document No. 1999R0039000 in Section 10, Township 44 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois. PIN 14-10-227-008