HomeMy WebLinkAboutOrdinances - ORD-07-1367 - 03/05/2007 - GRANT CUP BULK FUEL 4019 W MAIN ST PETROLIANCEORDINANCE NO. ORD-07-1367
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR STORAGE OF BULK FUEL IN CONJUNCTION WITH A FUELING STATION
AT 4019 MAIN STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Petroliance requesting a 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 February 15, 2007, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Conditional Use Permit was (5-0) with two members absent;
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 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 shall be granted a Conditional Use Permit to allow
outdoor storage of bulk fuel in conjunction with a fueling station, provided the site is developed in
substantial accordance with the plans attached hereto as Exhibit B.
SECTION 2: In granting said Conditional Use Permit, the City Council finds that 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: The Conditional Use Permit approved herein shall be null and void if the outdoor
storage of bulk fuels in conjunction with a fueling station on the SUBJECT PROPERTY ceases operation
or vacates the premises for a period of ninety (90) consecutive days.
SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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 5TH DAY OF MARCH , 2007
AYES:
NAYS:
SANTI, SCHAEFER, MURGATROYD, PETERSON, CONDON
ABSTAINED:
ABSENT:
G LAB
NONE
WIMMER
NOT VOTING: NONE
APPROVED THIS 5TH
ATTEST:
��'r\\ t' C -"" ml)
CITY CL RK
1
J
DAY OF MARCH
MAYOR
2007
2
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Exhibit A ,
Legal Description of the SUBJECT PROPERTY
PARCEL 1: A PARCEL OF LAND t.O(:ATFt) IN THE SOUTHEAST QUARTER OF THE tCUTREAST
QUARTER OF SECTION 27., TOWNSHIP 45 •NORTII, R-MOS 9:TAST OF THE THIRD PRINCIPAL '
MS91DIAN, AND IN THS NO2TAEAST QVARTsft OF THE MRTHEAST Qt!ARTER OF SECTION 34,
TOWNSHIP 4S NO"H, RANGE 8 EAST OF Tilt THIRD PRINCIPAL MERIDIAN, DLSCAISLD AS
FOLLOWS: COMENCING AT A POINT ON THE SECTION LING BETWEEN SECTIONS 34 AND 35
THAT IS, 30.24 FEET SOUTH OF THE SECTION CORNtR FOR A PLACE OF BEGINNING; THENCE
NORTHWESTERLY ON A LINE FORMINCI AN ANGLE OF 139 DEGREES, 35 MINUTES TO THE RIGHT,
WITH'A PROLONGATION 9Otrr119RLY OF T11E LAST DESCRIBED LINE, FOR A DISTANCE of
30S.18 rEET; TRSNCE NORTHEASTERLY ON A LINE FORMIW AN Annyor 61.1)F.GHEES, 37
MINUTES TO TI19 RIGHT, WITH A PROLONOXTI'Oht OF THE LAST DESCRIBED LINE, FOR A
Dis'rANCS or 172 FEET TQ'A POINT ON THE SoUiH LINE.OF MAIN STRUT; THENCE
SQUTREASTIRLY ALONG 'THE SOVTiI CINB OF }►MAIN STREET, POP A DISTANCE or 20 FELT;
THENCE SOUTHWESTERLY ON A LINE FORMING Am 1U1GGL OF 91 DEGREES, 36 MINUTES TG THE
RIGHT, WITH A PROLONGATION 6F"T'111 LAST DESCRIBED LINE, FoA A DISTANCE OF 160.7
rEET TO A POINT;. THENCE SOUTHEASTERLY ON.A LIVE FORMING AN ANGLS OF 61 DEGREES,
37 MINUTES TO THE LEFT, WITH A• PROLONGATION OF -TRE LAST Dt9012-EtO L214S, TOR'A
DISTANCE o-r 31.1 FEET TO A POINT; THENCE EOtR'HEASTERLY ON A tI9t• FORMING AN ANGLZ
OF 30 DECREES, 35 MINVTtS TO THE LEFT, WITH A 1ROLONGATION OF THE LAST DESCRIBED
LINT., A DISTANCE OF 164.6 FEET, MCNE OR LESS, TO THE LAST LINZ OF SECTION` 27;
THERICE SOUTH ALONG THE EAST •LINT; OF SECTION 27 AND SECTION J4 AFORZSAID, TO THE
PLACE OF BEGINNING, TN MCHENRY COUNTY, ILI:INOYS. ALSO
PARCEI► 2: THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
27, TOWNSHIP 45 'NORTH, RANGE 8 >tA97 OF THY THIRD PRINCIPAL MERIDIAN, DISCRIRI D AS
FOLLOWS: COMMENCING AT A POST AT TH-1 NORTHWZ$T•COItNBR OF OUTLOT 7, WEST MCHENRY
ON THE SOUTH LINE OF KAIN STREET AND• RUNNING THENCE WEST ALONG TH9 SOUTH LINE OF.
MAIN STREET, 66 FEET.t THENCE SOUTHWESTERLY, 176 TEET TO A -POST WKICH STANDS 132
FEET WEST OF THE SECTION LINE SETWEEN SECTIONS 26 AND 27; THENCE EAST 132 FEET
TO THE 'SECTION' LINE] THENCE NORTH 'ON THE SECTION LINE, 1-86.3 FELT TO TF1 PLACE
OF BEGINNING, IN MCHENRY COUNTY, ILLINO'IS. ..
(EXCEPT PART OF 'P1IE SOUTHEAST QIJARTEA CIF THE SOUTHEAST QUARTER OF SECTION 27,
TOWNSHIP 43 NORTH, RANGE 8 EAST OF 1119 THIRD PRINCIPAL MIRIDIAN, DESCRIBED AS
FOLLOWS: COMQMEJ40140 *ON THE SAST LJN6 V? SAID SECTION AT' A POINT, 120. 6 F99T A'ORTH
FROM THS SOUTHEAST CORNET VIEREOr; THENCE NORTH 75 D.EORLFs, 39 1jIXUTES,• Ol
SECONDS 4iEST (33AXIW, ASSUMED) ALONG THE SQ'JTxERLY scwm R7 0% 1�:Z71C:"AI?7.Tr`t4CR�,•;Car„•, ,_
•�z+ 'Azv%VL'•'CGhvZ'iED TO •Frt)YD"%; rUVALT.""A w Nly'E', "vATic-M11RCH ii, 191t, . Racoltz)9D AS
DOCUMENT' NUMB -ER 3818T.- IN BOOK 251 OT DEEDS., PAGE 19,. FOR A DISTANCE OF 123.27
FEET TO A POINT THAT I8'6.73 ;6RT SOUTHEASTERLY OF THE WESTERLY LINE OF SAID
TRACT OF LAND CONVEYED AS AFORESAID, FORA POIAIT OP DEGINNTNG; THENCE C(7NTINVINO
ALONG THE LAST DWRIBRD LINE, A DISTANCE OF 8.73 FEET; THENCE NORTH 16 DEORSES"
32 MINUTES, 47 SECONDS EAST•ALOIX; THE WESTERLY LINE of SAID TRACT or LAND
CONVEYED AS AFORESAID, FO9 A DISTANCE OF 176 FLE'T, (MORE OR LESS) TO AN A
mr.RSECTION WITH Tur swrlIERLY LINE OF MAIN 8TR`tET; T1i6NCE SOVTO 7S DEGREES, 3.1
MINUTES, 03 SECONDS EAST., ALONO.THE $011THERLY LIVE OF MAIN STREET, A DISTANCE OF
3.36 FEET; TH'ENCS SOUTH 14 DE011EE3, 41 MINUTES, 51 SECONDS WEST, A DISTANCE OF
175.68 TEXT TO THE PLACE OF BEGINNING,) IN MCHENRY COV14-TY, ILLINOIS.
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