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HomeMy WebLinkAboutOrdinances - ORD-06-1339 - 10/16/2006 - AMEND ST PATRICKS CUP FOR PLAYGROUND AND FENCE ONr ORDINANCE NO. ORD-06-1339 AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR ST. PATRICK'S CHURCH/MONTINI PRIMARY CENTER TO ALLOW A PLAYGROUND AT 3504 W. WAUKEGAN 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 and school at 3504 W. Waukegan Street in the City of McHenry, legally described on "Exhibit A"L attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and p WHEREAS, Anne and Jim Chrzan, Chairpersons of the Montini Primary Center Playground Committee (the "APPLICANTS") have submitted a letter to the City requesting approval for the construction of a playground 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 playground 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 the Conditional Use Permit to allow a religious institution and school on the SUBJECT PROPERTY, is hereby amended to allow the construction of a playground and fencing in accordance with the site plan (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 —I�J DAY OF OGTOB rn 2006 AYES: _SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: N 0 N F ABSENT: _NON F NOT VOTING: _ N9 N € APPROVED THIS 16TH DAY OF OCTOB ER , 2006 ATTEST: CI CL 2 Exhibit "A" Legal Description of the SUBJECT PROPERTY Lot 3 in Miller's Resubdivision of Part of Block 3 in the Village of McHenry West of the Fox River, being a Subdivision of part of the South half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 18, 1976 as Document No. 676618 in McHenry County., Illinois. 3 Fd, iron Pipe O.1S'N.dcO.L.�� n Fd.\lrgn Plpe 0.047 N88'58'48"E 161.47 (96.26) /' 4 19.55 ,ack Line '- ronsforme d _ �.ww.� 'L.OT 3. = 14„272 so.. FT. I �c,�� 33 ACRES � / ,G\OF NA BUILDINGS LOT 2 oci, LOT 3 . G • f ryall -. Id on lllinols State Plane Coordinates U Datum. N STATE OF ILLINOIS