Loading...
HomeMy WebLinkAboutOrdinances - ORD-08-1430 - 06/16/2008 - AMEND CUP 768 RIDGEVIEW DR STONERIDGE CHURCHORDINANCE NO.ORD-08-4449__ AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR A RELIGIOUS INSTITUTION AT 768 RIDGEVIEW DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition was filed with the City by StoneRidge Community Church requesting a conditional use permit for a religious institution, for the property located at 768 Ridgeview Drive, Unit F in Ridgeview Commons, and 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 August 15, 2002, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission recommended to the City Council the granting of the requested conditional use permit; and WHEREAS, the City Council considered the evidence and recommendation from the Planning and Zoning Commission and found that the approval of the requested conditional use permit was 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 WHEREAS, on November 4, 2002 the McHenry City Council passed and approved ordinance number ORD-02-1106, granting a conditional use permit for a religious institution at 768 Ridgeview Drive in the City of McHenry, McHenry County, Illinois; and WHEREAS, the StoneRidge Community Church, now known as The Orchard Church, is requesting an amendment to the existing conditional use permit to include the property commonly known as 770 Ridgeview Drive in Ridgeview Commons, and legally described on Exhibit B attached hereto and incorporated herein as part of the "Subject Property", and to expand the conditional use permit to include the uses of fellowship hall and classrooms for Sunday School and bible studies in addition to the existing permitted uses set forth in Section 2(2) of ordinance number ORD-02-1106; 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, deny a request for 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 amendment to the existing 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, 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 ORD-02-1106 granting a Conditional Use Permit to StoneRidge Community Church, to allow a religious institution for the property located at 768 Ridgeview Drive in Ridgeview Commons be hereby expanded to include the property located at 770 Ridgeview Drive in Ridgeview Commons by The Orchard Church (formerly known as StoneRidge Community Church), and that, in addition to uses granted by the original ordinance, the conditional use permit also include the use of fellowship hall and classrooms for Sunday school and bible studies on the property legally described on Exhibits A and B. SECTION 2: That the expansion to the existing conditional use permit granted by ORD-02-1106 is hereby granted subject to the following conditions: 1. The Orchard Church or Ridgeview Commons Condominium Association must notify the City when The Orchard Church proposes for either Saturday or Sunday any use of the subject property other than weekend worship services, fellowship hall activities, Sunday school, bible studies, or permitted ancillary uses; 2. Weekend worship services, and fellowship hall activities, Sunday school bible studies, and the normal day -today administrative office operations for the pastoral staff shall be permitted on the SUBJECT PROPERTY and other ancillary uses shall be allowed so long as they comply with the condominium association's parking regulations. 3. Ancillary uses shall be defined as: organized daily services, services for recognized religious holidays, bible studies, choir practice, and other uses associated with the representative daily operations of a religious institution. 4. Ancillary uses shall not include, however, the operation of a day care facility or a school of any kind, other than a Sunday school or bible studies. SECTION 3:.. 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 fill force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED and APPROVED this I& day of June, 2008. Voting Aye: Santi Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. MA"R ATTEST: CITY C Exhibit "A" Legal Description of the 768 Ridgeview Drive Unit F in Ridgeview Commons Condominium, as delineated on a plat of survey of the following described tract of land, Lots 37, 38, 39,40, and 41 in Inland Business Park Phase 1, being a subdivision of part of the south half of Section 3, Township 44 north, range 8 east of the third principal meridian, according to the plat which is attached as Exhibit A to the Declaration of Condominium recorded May 26, 2000 as Document Number 2000$0026993, together with its undivided percentage interests in the common elements, as set forth in said Declaration, as amended from time to time, in McHenry County, Illinois. Exhibit "B" Legal Description of 770 Ridgeview Drive Unit G in Ridgevliew Commons condominium, as delineated on a plat of survey of the following described tract of land: Lots 37,38,39,40 and 41 in Inland Business Park Phase 1, being a subdivision of part of the south half of Section 3, Township 44 north, range 8 east of the third principal meridian, according to the plat which is attached as Exhibit A to the Declaration of Condominium recorded in McHenry County, Illinois, May 26, 2000, as Document Number 2000R0026993, together with its undivided percentage interest in the common elements, as set forth in said declaration, as amended from time to time, in Mchenry County, Illinois.