HomeMy WebLinkAboutOrdinances - ORD-07-1372 - 04/02/2007 - AMEND ORD-00-990 ALLOW OUTDOOR DISPLAY AND SALE OFORDINANCE NO. O R D-n 7-1 ,17 2
AN ORDINANCE AMENDING ORDINANCE NO.ORD-00-990
TO ALLOW OUTDOOR DISPLAY AND SALE OF TRAILERS
FOR THE HOME DEPOT AT 2461 NORTH RICHMOND ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City Council of the City of McHenry previously approved Ordinance No. ORD-00-990
granting a Conditional Use Permit to allow outdoor display and sale of garden products at 2461 N. Richmond Road
in the City of McHenry, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT
PROPERTY'); and
WHEREAS, Paul Schultz acting on behalf of The Home Depot (the "APPLICANT') has submitted a letter
to the City requesting approval to allow the outdoor display and sale of utility trailers 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 Permit, 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 outdoor display and sales 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 Ordinance No. ORD-00-990 granting a Conditional Use Permit to allow the outdoor
display and sale of garden products on the SUBJECT PROPERTY, is hereby amended to allow the outdoor display
and sale of utility trailers in accordance with the site plan (the "SITE PLAN'), attached hereto and incorporated
herein as Exhibit "B", and subject to the following conditions:
1) The location of the outdoor display area for utility trailers shall be limited to the 10 parking spaces on
the northernmost part of the SUBJECT PROPERTY; and
2) No more than 10 trailers shall be displayed on the SUBJECT PROPERTY at any given time.
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 2 N D DAY OF A P R I L 2007
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, CONDON.
NAYS: P ETERSON
ABSTAINED: NON
ABSENT: pip N F
NOT VOTING: plg ni
APPROVED THIS 2ND DAY OF A P R I L 12007
YOR
ATTEST:
CI C
l'a
Exhibit "A"
Legal Description of the SUBJECT PROPERTY
LEGAL DESCRIPTION:
A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23,
Township 45 North, Range 8 East, of the Third Principal Meridian, according to
the plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats,
Page 34, in McHenry County, Illinois, described as follows: commencing at the
Southeast corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds
West 1280.67 feet along the South Line of East'/2 of the Southwest'/ of Section
23, Towi,snip 43 No,-tn, Ra,.iy- 8 East of the Third Principal Meridian; t.-Ience
North 00 degrees 18 minutes, 34 seconds East 330.00 feet; thence South 88
degrees 49 minutes 06 seconds West 49.50 feet to a point on the West Line of
the East '/2 of the Southwest '/4 of said Section 23; thence North 00 degrees 18
minutes 34 seconds East 1028.52 feet along said West Line; thence North 89
degrees 58 minutes 30 seconds East 136.51 feet to the point of beginning of the
land to be described: thence Noah 9 degrees 43 minutes fifteen seconds cast
358.67 feet; thence North 317.67 feet; thence East 709.58 feet; thence South 26
degrees 18 minutes 59 seconds East 115.59 feet; thence South 55 degrees 53
minutes 57 seconds East 8.39 feet; thence South 563.51 feet; thence South 89
degrees 58 minutes 30 seconds East 828.33 feet to the point of beginning.
Containing 10.01 acres of land, more or less.
3
11
0 MW
9