HomeMy WebLinkAboutOrdinances - ORD-05-1281 - 11/14/2005 - ZONING AND CUP WATER TOWER STADE PROPERTYORDINANCE NO. ORD-05-1281
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO RS-1 LOW DENSITY
SINGLE FAMILY RESIDENTIAL AND A CONDITIONAL USE PERMIT TO ALLOW A
CONDITIONAL PUBLIC USE (MUNICIPAL WATER TOWER),
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by the City of McHenry requesting a Zoning Map
Amendment and Conditional Use Permit for the property 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 Planning and Zoning
Commission on November 3, 2005, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously
recommended approval of the requested Zoning Map Amendment to RS-1 Low Density Single -Family
Residential District and 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 Zoning Map Amendment
and 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 Zoning Map Amendment to RS-1
Low -Density Single -Family Residential.
SECTION 2: That the SUBJECT PROPERTY be granted a Conditional Use Permit for a
Conditional Public Use to allow a Municipal Water Tower.
SECTION 3: In granting said Zoning Map Amendment, the City Council finds that the
requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses and zoning of
property in the environs;
2. The requested zoning classification is supported by the trend of development in the
general area;
3. The requested zoning classification is consistent with the objectives of the City of
McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
SECTION 4: 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:
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;
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 pertinentt to the
Conditional Use and its particular location.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 6: 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.
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SECTION 7: 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 NOV BMB ER , 2005
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONF
APPROVED THIS 14TH DAY OF NOVEMBER 32005
AYOR
ATTEST:
C
CIT CLE C
EXHIBIT A
LEGAL DESCRIPTION
of the SUBJECT PROPERTY
Part of the Northwest Quarter of the Southeast Quarter of Section 4, Township 44 North, Range
8, East of the Third Principal Meridian, being described as follows: Commencing at the
Northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 00 degrees
09 minutes 50 seconds East along the West line thereof, 424.00 feet to the Northwest corner of
the property described in Document Number 95R014491 and the Place of Beginning; thence
North 88 degrees 55 minutes 10 seconds East along the North line thereof, 189.22 feet to the
Northeast corner thereof; thence South 00 degrees 50 minutes 23 seconds East along the East
line thereof, 208.80 feet to the South line of Amoco M-1 Resubdivision extended West, said
Resubdivision being a Subdivision of part of the said Southeast Quarter of Section 4 according to
the Plat thereof recorded November 30, 2000 as Document No. 2000R0065740; thence South 88
degrees 56 minutes 54 seconds West along said line, 211.68 feet to a line 20.0 feet West of and
parallel with the West line of the Northwest Quarter of the Southeast Quarter; thence North 00
degrees 09 minutes 50 seconds West along the said parallel line, 208.72 feet; thence North 88
degrees 55 minutes 10 seconds East, 20.00 feet to the Place of Beginning, in McHenry County,
Illinois.
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