HomeMy WebLinkAboutOrdinances - ORD-08-1437 - 09/15/2008 - GRANT CUP CORNERSTONE MATERIAL RECOVERY 4172 ANDORDINANCE NO. ORD-08-1437
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
CORNERSTONE MATERIAL RECOVERY LOCATED AT
4172 AND 4654 WEST BULL VALLEY ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Steve Clements, owner of Cornerstone Material Recovery, requesting a
conditional use permit to allow the outside storage of recycling materials, bins, and box containers, specifically
as follows:
• To allow the outdoor storage of bin containers and roll off boxes on the premises commonly known as 4172 and
4654 West Bull Valley Road;
• To allow the operation of a recycling center on the property which may include outside storage of construction
materials on the site;
• To allow a 5-year term for the Conditional Use Permit;
on the property described on Exhibit A attached herein; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on
September 4, 2008, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended
approval of the requested conditional use permit subject to the following conditions:
1. All construction materials and waste shall be kept in bins or storage units;
2. All miscellaneous items currently being stored in piles on the property shall be removed from the property
or stored inside;
3. All existing piles of construction material shall be collected and placed into bins or storage containers:.
4. The property shall be kept in a neat and orderly manner,
WHEREAS, the City Council has considered the evidence and recommendation 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 the following:
• To allow the outdoor storage of bin containers and roll off boxes on the premises commonly known as 4172 and
4654 West Bull `Valley Road legally described on Exhibit A and denoted on Exhibit B, the site plan, attached
herein;
• To allow the operation of a recycling center on the property which may include outside storage of construction
materials on the site;
• That the conditional use permit shall expire five (5) years from the date this ordinance is executed.
SECTION 2, That in granting said conditional use permit the following conditions and restrictions shall
apply:
1. All construction materials and waste shall be kept in bins or storage units;
2. All miscellaneous items currently being stored in piles on the property shall be removed fiom the property
stored inside or alternatively outside in bins or containers;
3. All existing piles of constriction material shall be collected and placed into bins or storage containers;
4. The property shall be kept in a neat and orderly manner.
SECTION 3: 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 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 and APPROVED THIS 15"' DAY OF September, 2008
AYES: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon
NAYS: Glab
ABSTAINED: Norte
ABSENT: Norte
NOT VOTING: Norte
PdAYOR
ATTEST:
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CITY LE
Exhibit "A"
Legal Description of the SUBJECT PROPERTY
PARCEL 1
THAT PART OF THE WEST 30 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS- COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST (BEARING
ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 306 4 FEET, FOR A
PLACE OF BEGINNING, THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 530.00
FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 270 00 FEET; THENCE
NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 221.09 FEET; THENCE NORTH 01
DEGREES 27 MINUTES 24 SECONDS, A DISTANCE OF 499 82 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59
SECONDS EAST, A DISTANCE OF 997.96 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 33 SECONDS WEST, A
DISTANCE OF 69120 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF
126.00 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 33 SECONDS WEST, A DISTANCE OF 268.90 FEET,
THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 14.00 FEET; THENCE SOUTH 01
DEGREES 24 MINUTES 33 SECONDS WEST, A DISTANCE OF 341.10 FEET; THENCE NORTH 89 DEGREES 45
MINUTES 38 SECONDS WEST, A DISTANCE OF 1600 FEET; THENCE NORTH 01 DEGREES •40 MIN_UUTES 10
SECONDS EAST, A DISTANCE OF 466.56 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A
DISTANCE OF 310.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 30.00
FEET; THENCE SOUTH 89 DEGREES 45 NIINUTES 38 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE
SOUTH 01 DEGREES 30 MINUTES 22 SECONDS WEST, A DISTANCE OF 0.20 FEET; THENCE SOUTH 89 DEGREES
45 MINUTES 38 SECONDS EAST, A DISTANCE OF 210 00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 21
SECONDS EAST, A DISTANCE OF 622.20 FEET, THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A
DISTANCE OF 350.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF
466.50 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 30 SECONDS WEST, A DISTANCE OF 245.00 ]FEET;
THENCE SOUTH 01 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 89
DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 86.00 FEET; THENCE SOUTH 0I DEGREES 30
MINUTES 21 SECONDS WEST, A DISTANCE OF 542.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38
SECONDS WEST, A DISTANCE OF 30 00 FEET, TO THE POINT OF BEGINNING, TOWNSHIP 44 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL
OF LAND: THAT PART OF THE WEST 30 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST' (BEARING
ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 306.40 FEET, FOR A
PLACE OF BEGINNING; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 530 00
FEET, THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 86.00 FEET; THENCE
NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 270.00 FEET, THENCE NORTH 89 DEGREES
45 MINUTES 38 SECONDS WEST, A DISTANCE OF 221.09 FEET; THENCE NORTH 01 DEGREES 27 MINUTES 24
SECONDS BAST, A DISTANCE OF 498.92 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS EAST, A
DISTANCE OF 362 40 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 24 SECONDS WEST, A DISTANCE OF
647.71 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 110.85 FEET;
THENCE SOUTH 01 DEGREES 20 MINUTES 21 SECONDS WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 89
DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 96.00 FEET; THENCE SOUTH 01 DEGREES 30
MINUTES 21 SECONDS WEST, A DISTANCE OF 542 00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38
SECONDS WEST, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING, IN TOWNSHIP 44 NORTH, RA1vGE 8
EAST OF TT-1E THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS
PARCEL TWO:
THE NORTH HALF OF THE FOLLOWING DESCRIBED LAND: THAT PART OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 3, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER
OF THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AFORESAID, THENCE
NORTHERLY ALONG SAID WEST LINE THEREOF A DISTANCE OF 300 FEET FOR A PLACE OF BEGINNING;
THENCE CONTINUING NORTH ALONG SAID WEST LINE FOR A DISTANCE OF 1000.00 FEET; THENCE EASTERLY
PARALLEL WITH TITS SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 220 FEET; THENCE
SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
A DISTANCE OF 1000.00 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 220 FEET TO THE PLACE OF BEGINNING, IN
TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHE.NRY COUNTY. ILLINOIS.
PARCEL THREE
THAT PART OF THE WEST 30 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 3., TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 3, THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST (BEARING
ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 306.40 FEET, FOR A
PLACE OF BEGINNING, THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF_i30.00
FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 86.00 FEET, THENCE
NORTH 01 DEGREES 30 NIINUTES 22 SECONDS EAST, A DISTANCE OF 270.00 FEET; THENCE NORTH 89 DEGREES
45 MINUTES 38 SECONDS WEST, A DISTANCE OF 22109 FEET; THENCE NORTH O1 DEGREES 27 MINUTES 24
SECONDS EAST, A DISTANCE OF 498.82 FEET; THENCE SOUTH 89 DEGREES 53 MINUI'ES 59 SECONDS EAST, A
DISTANCE OF 362.40 FEET, THENCE SOUTH O1 DEGREES 30 NIINUTES 24 SECONDS WEST, A DISTANCE OF
647 71 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 110.85 ]FEET;
THENCE SOUTH 01 DEGREES 30 NIINUUTES 21 SECONDS WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 89
DEGREES 45 MINLJTES 38 SECONDS EAST, A DISTANCE OF 86.00 FEET; THENCE SOUTH O1 DEGREES 30
NIINUTES 21 SECONDS WEST, A DISTANCE OF 542.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38
SECONDS WEST, A DISTANCE OF 30 FEET, TO THE POINT OF BEGINNING, IN TOWNSHIP 44 NORTH, RA14GE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS (EXCEPT FOR. THE NORTH HALF
OF THE FOLLOWING DESCRIBED LAND: THAT PART OF THE SOUTHEAST QUARTER OF TITS NORTHEAST
QUARTER OF SECTION 3, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OFTHE 'WEST
LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AFORESAID, THENCE NORTHERLY
ALONG SAID WEST LINE THEREOF, A DISTANCE OF 300 FEET FOR A PLACE OF BEGINNING; THENCE
CONTINUING NORTH ALONG SAID WEST LINE FOR A DISTANCE OF 1000.00 FEET, THENCE EASTERLY
PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 220 FEET; THENCE
SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF TT[E NORTHEAST
QUARTER, A DISTANCE OF 1000.00 FEET, THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 220 FEET TO THE PLACE OF
BEGINNING, IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY
COUNTY, ILLINOIS).
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