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HomeMy WebLinkAboutOrdinances - ORD-04-1229 - 10/18/2004 - AUTHORIZE EXPANSION CUP 1901 N RICHMOND RD MOBILORDINANCE NO. 6RD-04-1229 AN ORDINANCE AUTHORIZING AN EXPANSION TO A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AT 1901 N. RICHMOND ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, an application has been filed with the City by WD Partners requesting an expansion to a Conditional Use Permit approved by Ordinance 0-90-568, to permit an expansion of the automobile service station at 1901 N. Richmond Rd., legally described on attached Exhibit "A", the "SUBJECT PROPERTY"; and r. WHEREAS, Chapter XIV.G of the City of McHenry Zoning Ordinance provides that the City Council may approve an expansion to an existing Conditional Use Permit; and WHEREAS, the City Council finds that the approval of this expansion is consistent with the objectives of the City of McHenry Zoning Ordinance to improve and 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 an expansion to the Conditional Use Permit originally granted by Ordinance 0-90-568 to permit the expansion of an automobile service station, subject to the condition that the SUBJECT PROPERTY be developed in substantial accordance with the Site Improvement Plan and Landscape Plan prepared by WD Partners dated 9/21/04 and the C-Store and Canopy Elevations prepared by WD Partners dated 9/2104 and the Car Wash Elevations prepared by WD Partners dated 9/3/04, collectively (the "SITE PLAN'), attached hereto and incorporated herein as Exhibit "B". SECTION 2: In granting the expansion of the 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 ?� — Y- 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 18TH DAY OF OCTOBER . 2004 AYES: BOLGER- GIAR, IOW. MURGATROYD- WIMM£R, PETERSON, CONDON. NAYS: NONF ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 18TH DAY OF OCTOBER 12004 MAYOR ATTEST: C CiTvn 2 ORDINANCE NO. 0-90-568 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS, BY GRANTING A CONDITIONAL USE PERMIT WHEREAS, the written Petition of WAL-MART STORES, INC. AND MOBIL OIL CORPORATION, has been filed with the City Clerk of the City of McHenry, Illinois, requesting the issuance of a Conditional Use Permit, under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, concerning the following described premises: A part of the Northwest 1/4 of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois, being more particularly described as follows: Commencing at the Northeast corner of the Northwest 1/4 of Section 26, Township 45 North, Range 8 East; thence South 88 58' 530 West 36.21 feet to a point on the Westerly right-of-way line of Illinois Route 31; thence along said right-of-way line South 00 00'37' East 748.10 feet to the point of beginning; thence continuing along said right-of-way line South 00 00 37" East 373.00 feet thence South 66 55'44' West 8.72 feet to the proposed Northerly right-of-way of McCullom Lake Road; thence along said right-of-way as follows: North 46 08'16" West 508.44 feet to a point of curvature; thence along said curve to the left having a radius of 5831.00 feet, an are length of 34.88 feet thence North 89 59'57' East 399.77 feet to the point of beginning containing (76,710 sq. ft.) in the City of McHenry, McHenry County, Illinois. Commonly known as: Northwest corner of Route 31 and McCullom Lake Road, McHenry, Illinois 60050; and, WHEREAS, Petitioners are requesting a Conditional Use Permit to issue, such Conditional Use Permit providing for an automobile service station, to include accessory uses, namely, a Mobil -Mart (sales of pre -packaged goods) and a Single -Car Rollover -Brush Car Wash Bay. The Petition also requests that any parking and loading requirements be applied only to the required employee and disabled parking and the stacking of vehicles using the carwash. No change in zoning is being requested; and, WHEREAS, the Zoning Board of Appeals made no recommendation as to Petitioners request; and, WHEREAS, at the regular meeting of the City Council, as reconvened from time to time, the City Council of the City of McHenry did find that it would serve the interests of the City if a Conditional Use Permit were granted, allowing an automobile service station, the accessory uses, and the suggested parking and loading requirements, because. A. Any adverse impact of types or volumes of traffic flow have been minimized. B. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects have been appropriately controlled. Exhibit "A" Legal Description of the SUBJECT PROPERTY A part of the Northwest % of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois, being more particularly described as follows: Commencing at the Northeast corner of the Northwest'/4 of Section 26, Township 45 North, Range 8 East; thence South 88 58' 53" West 36.21 feet to a point on the Westerly right-of-way line of Illinois Route 31; thence along said right-of-way line South 00 00' 37" East 748.10 feet to the point of beginning; thence continuing along said right-of-way line South 00 00' 37" East 373.0 feet thence South 66 55' 44" West 8.72 feet to the proposed Northerly right-of-way of McCullom Lake Road; thence along said right-of-way as follows: North 46 08' 16" West 508.44 feet to a point of curvature; thence along said curve to the left having a radius of 5831.00 feet, an arc length of 34.88 feet thence North 88 59' 57" East 399.77 feet to the point of beginning containing (76,710 sq. ft.) in the City of McHenry, McHenry County Illinois. i 0 0 W 0 G C 0 u: q 4!q ! 5 NV-1d 1N3W3A021dW1 311S ,■ $ �y g r Hs-vI]/• 3u015-3 ONE gs JR� �` ? 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