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HomeMy WebLinkAboutOrdinances - ORD-08-1432 - 08/11/2008 - GRANT RENEWAL CUP CAMP BOW WOWORDINANCE NO.ORD-08-1432 AN ORDINANCE GRANTING A RENEWAL OF THE EXISTING CONDITIONAL USE PERMIT TO CAMP BOW WOW LOCATED AT 3107 WEST ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, petition was filed with the City of McHenry by Jason and Kan Vanick, requesting a Conditional Use Permit to allow an outdoor play area for Camp Bow Wow, 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 August 16, 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 recommended approval of the requested Conditional Use Permit by a vote of 5-0; and WHEREAS, the City Council then considered the evidence and recommendation from the Planning and Zoning Commission and found 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; and WHEREAS, the City Council on August 27, 2007 passed an ordinance known as ORD-07-1394 granting said conditional use permit for one year including the following conditions: 1) Solid vinyl fencing shall be used to enclose play area; 2) All noise control efforts shall be made in accordance with the applicants' narrative submitted with their application, 3) Waste and odor shall be controlled by routine maintenance in accordance with the applicants' narrative; 4) Parking spaces shall be re -striped; 5) If it is determined noise nuisance occurs, the applicants shall be required to install solid landscape barrier to shield sound from adjacent residents; 6) Granting, of the request shall be subject to Staff assessment and review 90 days following the beginning of the Camp's operations; and WHEREAS, the City Council has determined that the applicants have complied with all conditions and is therefore in favor of granting the conditional use permit without time constraints. 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 the operation of Camp Bow Wow with an outdoor play area for the property located at 3107 West Route 120 as depicted on "Exhibit B" attached hereto. SECTION 2: 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: 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 and APPROVED this I Ph day of August, 2008. AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None ATTEST: CITY CL RK , L, � /-- � 11 MAYOR f Exhibit "A" Legal Description of the SUBJECT PROPERTY Lots 3 and 4 in Block 10 in the original plat of the Village (now City) of McHenry, on the east side of the Fox River, a subdivision of the part of the Southeast Fractional Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in book B of Deeds., page 160, excepting therefrom any part falling within Parcel No. 0015 of Circuit Court Case No. 83-ED-3, in McHenry County, Illinois; Permanent Index No 09-26482-016; Lots 9 and 10 in Block 10 in the Original Plat of McHenry, East of the Fox River, a subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book 5 of Deeds, page 160, in McHenry County, Illinois; Permanent Property Index No 09-26-482-022. 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