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HomeMy WebLinkAboutOrdinances - ORD-05-1263.C - 07/18/2005 - GRANT CUP EXPANSION SHEPHERD OF THE HILLS CHURCHORDINANCE NO. nRD-05-3_,262 C: AN ORDINANCE, AMENDING THE CONDITIONAL USE PERMIT FOR SHEPHERD OF THE HILLS LUTHERAN CHURCH, TO ALLOW A PARKING LOT EXPANSION AT 404 N. GREEN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City Council of the City of McHenry previously approved an ordinance granting a conditional use permit to allow a religious institution at 404 N_ Green Street in the City of McHenry, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and WHEREAS, Reverend Roger Schneider (the "APPLICANT") has submitted a letter to the City requesting approval of a parking lot expansion on the SUBJECT PROPERTY; and WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the ability to approve an expansion, alteration or amendment to a conditional use, or may send the item back to the Planning and Zoning Commission for a public hearing; and WHEREAS, the City Council has considered the evidence presented and finds that the approval of the requested parking lot expansion 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, and should be approved without sending the matter back to the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That ORD. 0-64-31E, granting a Conditional Use Permit to allow a religious institution on the SUBJECT PROPERTY, is hereby amended to allow the expansion of the existing parking lot in accordance with the site plan and drawings (the "SITE PLAN"), attached hereto and incorporated herein as Exhibit `B". SECTION 2: In granting said amendment to 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 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 JUL 2005 AYES: SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CO DON. NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS 18TH DAY OF JU LY , 2005 AYOR ATTEST: CITY L C 2 Exhibit "A" Legal Description of the SUBJECT PROPERTY Part of the North Half of the Southeast Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, bounded and described as follows: Commencing a the Northwest Corner of said North Half of the Southeast Quarter of Section 35; thence Easterly along the North line of said Southeast Quarter, a distance of 33.0 feet to the East line of Elgin Road; thence Southerly along said East line a distance of 711.35 feet to a point for a place of beginning; thence Easterly at right angles to the last described course a distance of 390.09 feet to a point; thence Southerly at right angles to the last described course a distance of 607.40 feet, more or less, to the South line of said North Half of the Southeast Quarter of Section 35; thence Westerly along said South line a distance of 266 feet, more or less, to the East line of a tract of land conveyed to the Western United Gas and Electric Company by deed recorded in Book 180 of Deeds, Page 61; thence Northerly along the East line of said tract a distance of 66 feet to the Northeast corner thereof; thence Westerly along the North line of said tract, being parallel with the South line of said North Half of the Southeast Quarter of Section 35, a distance of 124.0 feet to the East line of Elgin Road; thence Northerly along said East line, a distance of 541.4 feet more or less, to the place of beginning.