HomeMy WebLinkAboutOrdinances - ORD-02-1121 - 10/14/2002 - GRANT CUP MEYER MATERIALORDINANCE NO. ORD-02-1121
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR THE OPERATION OF A COMMERCIAL SAND AND GRAVEL OPERATION,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Meyer Material Company
requesting a Conditional Use Permit for a sand and gravel operation, for the property
located on the north side of Illinois State Route 120 approximately one-half mile east of
the intersection of Wonder Lake Road and Illinois State Route 120 and legally described
on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY";
and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on January 24, 2002, 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 SUBJECT PROEPRTY is hereby granted a Conditional Use
Permit for the operation of a sand and gravel operation.
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SECTION 2: 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.
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SECTION 3: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 4: 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 5: 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 14TH DAY OF OCTOBER , 2002
AYES: BOLGER, GLAB, LOW WIMMER
NAYS: MURGATROYD
NONE
ABSTAINED:
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 14TH DAY OF
ATTEST:
OCTOBER .2002
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Exhibit A
Legal Description of the SUBJECT PROPERTY
Parcel l : That part of Section 20, Township 45 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the Southwest comer of said Section 20; running thence East
on the South line of said Section, 50 rods; thence North 160 rods to a point which is 49 rods due East
from the Northwest corner of the Southwest Quarter of said Section; thence West 49 rods to the
Northwest corner of said Quarter Section; thence South on the West line of said Section, 160 rods to
the place ofbeginning, (excepting therefrom 1 acre, described as follows: Commencing 27 rods East
of the Southwest comer of said Quarter; running thence North 13 rods; thence East 13 rods; thence
South 13 rods; thence West 13 rods to the place of beginning, ALSO excepting therefrom that part
thereof conveyed to Community Cablevision, Inc., by Warranty Deed dated December 20,1979 and
recorded January 11, 1980 as Document Number 788058, AND ALSO excepting that part thereof
conveyed to the State of Illinois for the use of the Department of Transportation by Deed recorded as
Document No. 627516) in McHenry County, Illinois.
Parcel 2: The East Half of the Southeast Quarter of Section 19, Township 45 North, Range 8 East
of the Third Principal Meridian, which lies Northerly of the right of way line of State Route 120, in
McHenry County, Illinois.
Parcel 3: Part of the West Half of the Southeast Quarter of Section 19, Township 45 North, Range
8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of
the West Half of the said Southeast Quarter; thence West, along the North line thereof, 48 rods to a
point; thence South parallel with the East line of said West Half of said Southeast Quarter,100 rods
to a point; thence East, parallel with the North line of said Southeast Quarter, 48 rods to a point on the
East line of the West Half of said Southeast Quarter, which is 100 rods 'South'of the place of
beginning; thence North along said East line,100 rods to the place of beginning, in McHenry County,
Illinois.
Parcel Index Numbers: 09-20-300-012, 09-19-400-002 and 09-19-400-005
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