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HomeMy WebLinkAboutOrdinances - ORD-09-1453 - 01/19/2009 - APPROVE CREATION GARY LANG BUSINESS DISTRICTORDINANCE NO.ORD-09-1453 AN ORDINANCE APPROVING THE CREATION OF THE GARY LANG BUSINESS DISTRICT IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOISi WHEREAS, a petition has been filed by Gary Lang Auto Group requesting approval of the creation of the Gary Lang Business District; and WHEREAS, the McHenry City Council at its December 15, 2009 regularly scheduled meeting, passed Resolution No R-08-023 stating the City's intent to establish the Gary Lang Business District, and established the date for a Public Hearing to consider this matter; and WHEREAS',, notice was published in the Northwest Herald Newspaper on January 7, 2009 advising the public of the Public Hearing scheduled for January 19, 2009 at 7:30 p.m in the City of McHenry Municipal Center Council Chambers, at which time and place all persons would be given the opportunity to provide testimony regarding this matter; and WHEREAS, the City Council has considered the evidence and recommendations presented at said Public Hearing and finds that the approval of the requested creation of the Gary Lang Business District is consistent with the objectives of the City of McHenry to protect the public; health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'THI; CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the Gary Lang Business District located at 1103 South Route 31 and described on Exhibit A "Legal Description of the Subject Property" attached is hereby created. SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: 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 4: This Ordinance shall be in full force and erect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED and APPROVED THIS 19`h DAY OF January, 2009. AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None ATTEST: CITY C RK J NIAYOR Exhibit A Legal Description of the SUBJECT PROPERTY Lot 1 and that part of Lot 2 of McHenry Corporate Center Unit 4 according to the plat thereof recorded January 30, 1996 as Document No 96R005000 lying easterly of the easterly line of Lot 2 of McHenry Corporate Center Unit 7 according to the plat thereof recorded May 26, 1999 as Document No 1999R0039000, ALSO Lots 3 and 4 of said McHenry Corporate Center Unit 7 of Section 10, Township 44 North, Range 8 East of the Third Principal Menidian in McHenry County, Illinois Resolution R-08-022 Resolution of Intent to Establish a Business District for the Purpose of Development and Redevelopment of the Gary Lang Auto Group Property WHEREAS, it is essential to the economic and social welfare of the city of McHenry that the retail districts be encouraged, developed, maintained, and revitalized by assuring opportunities for development or redevelopment and attracting; sound and stable commercial growth; and WHEREAS, Illinois State Statutes provide the authority for municipalities to create Business Districts for the: purposes of Development and Redevelopment efforts; and WHEREAS, creation of a Business District requires approval of a Business District Plan and a Public Hearing on the matter; and WHEREAS, creating a Business District as defined by Illinois State Statutes authorizes municipalities to expend public funds as may be necessary for the planning, execution and implementation of Business District plans; and WHEREAS, the city of McHenry has passed and approved a Comprehensive Plan and Land Use Map as required by Illinois State: Statutes, and, WHEREAS, it has been determined the Gary Lang Auto Group Property described on Exhibit A herein attached and made a part hereof is in need of development in accordance with the City's approved Comprehensive Plan; and WHEREAS, the McHenry City Council supports the establishment of a Business District and the provision of development incentives through the Business District as specified in the Business District Plan in the form of a sales tax rebate for a portion of the sales tax generated from the operation of a new automobile dealership within said Busilness District as specified in Exhibit B attached hereto and made a part hereof, and WHEREAS, the creation of the Business District and Business District Plan is dedicated to the promotion of the public interest of the residents of the city of McHenry and to the enhancement of the tax base within the Business District and the use of the Business District and Business District Plan is hereby declared to be a public use essential to the public interest NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: 1. That it is the city of McHenry's intent to establish a Business District for the purpose stated herein; 2. That it is the city of McHenry's intent to approve a Business District Plan for the purpose stated herein; 3. That a public hearing, for the creation of the Business District and approval of the Business District Plan will be held on January 19, 2009; 4. That notice shall be published in the Northwest Herald between January 5, 2009 and January 12, 2009 notifying the general public of the Public Hearing; and, 5. That a copy of the Business District Plan will be available at the Office of the City Clerk: in the McHenry Municipal Center. Passed and approved this 15°i day of December, 2008. 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