HomeMy WebLinkAboutOrdinances - ORD-03-1152 - 06/16/2003 - GRANT CUP 4172 BULL VALLEY RD BONCOSKYORDINANCE NO. ngp-n3-1152
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR OUTDOOR BULK FUEL STORAGE OF DIESEL FUEL
AT 4172 BULL VALLEY ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Boncosky Oil Co., requesting a Conditional
Use Permit for outdoor bulk fuel storage of diesel fuel, for Cornerstone Material Recovery, at 4172 Bull
Valley Road, the "SUBJECT PROPERTY", legally described on ExhibitX attached hereto; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on May 8, 2003, 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 Conditional
Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission 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 PROPERTY is hereby granted a Conditional Use Permit to
allow outdoor bulk fuel storage of diesel fuel subject to the following conditions:
1. That the location of the diesel fuel tank shall be as depicted on the plat of survey, hereby
referenced on attached Exhi_- and shall only be utilized by Cornerstone Material
Recovery.
2. That a bumper post, bollard or guardrail shall be installed adjacent to said fuel tank. Said
bumper post, bollard or guardrail shall be in accordance with the regulations of the State Fire
Marshall.
3. That a spill/leakage protection kit/apparatus shall be maintained at the SUBJECT
PROEPRTY at all times.
4. That the Conditional Use Permit for outdoor bulk fuel storage for diesel fuel shall be granted
for a term expiring on April 1, 2009. Not more than thirty (30) days prior to the expiration date
of the Conditional Use Permit, the applicant shall be required to appear before the City
Council and petition for a one (1) year extension of said permit and shall be required to do so
for yearly extensions thereafter.
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.
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 16TH DAY OF JUNE 2003
AYES: BOLGER, GLAB, LOW, MURGATROYD, PETERSON, CONDON
NAYS: NONE
ABSTAINED: WIMMER
ABSENT: NONE
NOT VOTING: NOMF
APPROVED THIS 16TH DAY OF JUNE _ , 2003
ATTEST:
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EXHIBIT A
(Legal Description of the Subject Property)
LEGAL DESCRIPTION:
THAT PART OF THE WEST 30 ACRES OF THE SOUTHEAST QUPjRTER OF THE NORTHEAST QUARTER OF
SECTION 3, TOWNSHIP 44 NORTH, RANGE 8-EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SArD SECTION 3; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST (BEARING
ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 306.4 FEET, FOR A
PLACE OF BEGINNING; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF
530.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 86.00
FEET; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 270.0.0 FEET;
THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 221.09 FEET; THENCE
NORTH 01 DEGREES 27 MINUTES 24 SECONDS EAST, A DISTANCE OF 498.82 FEET; THENCE SOUTH 89
DEGREES 53 MINUTES 59 SECONDS EAST, A DISTANCE OF 997.96 FEET; THENCE SOUTH 01 DEGREES
24 MINUTES 33 SECONDS WEST, A DISTANCE OF 691.20 FEET; 'THENCE NORTH 89 DEGREES 45
MINUTES 38 SECONDS WEST, P. DISTANCE OF 126.00 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES
33 SECONDS WEST, A DISTANCE OF 268.90 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38
SECONDS WEST, A DISTANCE OF 14.00 FEET, THENCE SOUTH 01 DEGREES 24 MINUTES 33 SECONDS
WEST, A DISTANCE OF 341.1C FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A
DISTANCE OF 16.00 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 10 SECONDS EAST, A DISTANCE
OF 466.56 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 310.00
FEET; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE
SOUTH 01 DEGREES 30 MINUTES 22 SECONDS WEST, A DISTANCE OF 0.20 FEET; THENCE SOUTH 89
DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 210.00 FEET; THENCE NORTH 01 DEGREES
30 MINUTES 21 SECONDS EAST, A DISTANCE OF 622.20 FEET; THENCE NORTH 89 DEGREES.45
MINUTES 38 SECONDS WEST, A DISTANCE OF 350.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES
21 SECONDS WEST, A DISTANCE OF 466.50 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 30
SECONDS WEST, A DISTANCE OF 245.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 21 SECONDS
WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST, A
DISTANCE OF 86.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE
OF 542.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.00
FEET, TO THE POINT OF BEGINNING, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PART OF THE
WEST 30 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 44 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST COPJIER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 F SAID SECTION 3; THENCE
SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST (BEARING ASSUMED) ALONG THE SOUTH LINE OF
SAID SOUTHEAST 1/4, A DISTANCE OF 306.40 FEET, FOR A PLACE OF BEGINNING; THENCE NORTH 01
DECEMBER 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 530.00 FEET; THENCE NORTH 89 DEGREES
45 MINUTES 38 SECONDS WEST, A DISTANCE OF 66.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES
22 SECONDS EAST, A DISTANCE OF 270.00 FEET; THENCE -NORTH 89 DEGREES 45 MINUTES 38
SECONDS WEST, A DISTANCE OF 221.09 FEET; THENCE NORTH 01 DECEMBER 27 MINUTES 24 SECONDS
EAST, A DISTANCE OF 498.82 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS EAST, A
DISTANCE OF 362:40 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 24 SECONDS WEST, A DISTNACE
OF 647.71 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS- WEST, A DISTANCE OF 110.85
FEET; THENCE SOUTH 01 DEGREES 20 MINUTES 21 SECONDS WEST, A DISTANCE OF 110.00 FEET;
THENCE SOUTH 69 DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 86.00 FEET; THENCE
SOUTH 01 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF 542.00 FEET; THENCE NORTH 89
DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING,
IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY,
ILLINOIS.
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