HomeMy WebLinkAboutOrdinances - ORD-05-1263.F - 04/11/2005 - GRANT CUP LOT 56 INLAND BP SBCORDINANCE NO. ORD-0651263 . F
AN ORDINANCE AMENDING ORD 04-1227, GRANTING A CONDITIONAL USE PERMIT
TO ALLOW AN OUTDOOR STORAGE AREA OF 21,000 SQUARE FEET
AND TO ALLOW THE OUTDOOR STORAGE OF PROPANE AND NITROGEN GAS CYLINDERS
ON LOT 56 IN THE INLAND BUSINESS PARK
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, on October 18, 2004, the City Council approved ORD 04-1227, which granted a Conditional
Use Permit to Bruce Ebner on behalf of SBC, to allow an outdoor storage area of 21,000 square feet and to allow the
outdoor storage of propane and nitrogen gas cylinders on Lot 56 in the Inland Business Park, legally described on
' t A" attached hereto and incorporated herein, (the "SUBJECT PROPERTY"), subject to certain conditions
and limitations; and
WHEREAS, after receiving City approval, SBC went to bid on their project and discovered that the cost of
the proposed site improvements was well in excess of the amount budgeted for said improvements; and
WHEREAS, SBC submitted a letter to the City Council requesting authorization to change the plans for
proposed site improvements on the SUBJECT PROPERTY in order to meet their budget constraints; 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 they may send the item back to the Planning
and Zoning Commission for a public hearing; and
WHEREAS, due to the proposed site improvement changes, the City Council voted to send the item back
to the Planning and Zoning Commission for a new public hearing; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on
March 3, 2005, 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 Conditional Use Permit in
accordance with the revised plans; and
WHEREAS, the City Council has considered the evidence and recommendation from the PIanning 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 be granted a Conditional Use Permit to allow an outdoor
storage area of twenty-one (21,000) thousand square feet and to allow the outdoor storage of propane and nitrogen
gas cylinders with the following conditions:
1. That the SUBJECT PROPERTY is developed in substantial accordance with: the site plan, landscape
plan and perspective drawings, collectively, (the "SITE PLAN") prepared by Teng & Associates, Inc.
dated 3/12/04 and bearing a latest revision date of 12/20/04 attached hereto and incorporated herein as
1 x1 b "B"; and
2. A plan showing additional landscape plantings shall be submitted to the City within ninety (90) days of
the approval of this ordinance, and upon approval of said plan by the City, the OWNER shall install
such additional plantings no later than December 1, 2006.
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 11TH DAY OF _ APR I L . 2005
AYES: BOLGER , GLAB, LOW MURGATROYD. WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 11TH DAY OF AAPRI L , 2005
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Exhibit A
Legal Description
LOTS 55 AND 56 IN INLAND BUSINESS PARK PHASE 2, BEING S
SUBDIVISION OF PART OF THE SOUTH'/z OF SECTION 3, TOWNSHIP 44
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 3, 2001 AS
SOCUMENT NO. 2001R0020480, IN MCHENRY COUNTY, ILLINOIS.
LOT 56 CONTAINING 273,586 SQ FT OR 6.28 ACRES
LOT 55 CONTAINING 192,206 SQ FT OR 4.41 ACRES