HomeMy WebLinkAboutOrdinances - ORD-11-1551 - 08/29/2011 - AMEND CUP 4724 CRYSTAL LAKE RD WEST CAMPUS THE CHAORDINANCE NO. ORD-11-1551
AN ORDINANCE AMENDING CONDITIONAL USE PERMIT 0-95-709 TO ALLOW
A RELIGIOUS USE FOR THE PROPERTY LOCATED AT 4724 W CRYSTAL LAKE
ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS.
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VIL Section 6, of the Constitution oftbe State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule
powers and functions as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by The Chapel, requesting an
amendment to a Conditional Use Permit to allow weekly religious Services at 4-124 W Crystal
Lake Road, legally described on attached Exhibit A, attached hereto and incorporated herein
("the Subject Property"); and
WHEREAS, the matter was brought before and considered by the City Council on
August 29, 2011 in the manner prescribed by Ordinance, and as a result of said consideration,
the City Council did recommend granting the requested expansion of the existing Conditional
Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendation and
finds the approval of the requested expansion of the 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 an amendment and expansion
to the existing Conditional Use Permit approved by Ordinance 0-95-709 to allow weekly
religious services with the following conditions:
I . Conditional use permit expansion is contingent on entering into a lease extension
with McHenry High School District 156�
2. Conditional use permit shall expire if religious use ceases operation for three
consecutive months;
3. Services shall be limited to one-time/week on Sundays and any religious holidays
approved by McHenry High School District 156;
4. No other ancillary uses shall be allowed without prior amendment to the
conditional use permit. Ancillary uses shall be defined as: organized daily
services, bible studies, choir practice, other uses associated with daily operations
of a religious institution, operation of a day care facility or a school of any kind,
other than Sunday School.
SECTION 2: In &ranting said amendment to the Conditional Use Permit, the City
Council finds that the requirements of Table 31 of the Zoning Ordinance havi, been met in
that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical ill 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 tile 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 ot 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 arm
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 29"' day of August, 2011.
Voting Aye: Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: Santi, Glab.
Not Voting: None.
Abstaining: None.
Absent: None.
ATTEST:
C
CIT'�' 4ERK
EXHIBIT A
Legal Description
'I hat part of the west hall -of Section 34, township 45 north, range 8 east of the third principal meridian,
described as follows: to -wit: commencing at the point of intersection with the east arid west quarter
line of said Section 34 and the centerline of Crystal Lake Road; thence north 33 degrees 47 minutes
east along the centerline of said road, 835.84 feet more or less, to a point of curvature, said curve
having a radius of 2,864.93 feet; thence north 56 degrees 13 minutes west, 2116.0 feet, for the place of
beginning of this description; thence south 33 degrees 4' minutes west, 1, 155.00 feet to a point of
curvature� thence southwesterly along a curved line convex southeasterly having a radius of 180.0 feet
for an arc distance of 119.119 feet, to a point of tangency� thence south 7 1 degrees 42 minutes west,
Gingent with the last described curve, 64.75 feet to a point of curvature� thence north 74 degrees 49
minutes 25 seconds west, 525.92 feet; thence south 77 degrees 57 minutes 10 seconds west, 175.00
1 eet to a point on a curved line convex westerly, having a radius of 478.00 feet; thence northerly along
the last described curve an arc distance of 272.087 feet, to a point of tangency; thence north 20 degrees
34 minutes east, tangent with the last described curve 213.00 feet, to a point of curvature; thence
northerly along a curved line convex easterly, having a radius of 479.02 feet, for an arc distance of
293.533 feet; thence north 59 degrees 15 minutes I I seconds west, 2 10.395 feet' thence north 30
degrees 09 minutes 36 seconds west, 262.472 feet; thence north 45 degrees 58 minutes east, 5 12.297
1 eet, to a point of curvature� thence northeasterly along a curved line convex northeasterly, having a
radius of 14 1 .00 feet for an arc distance of 72.93 feet; thence north 14 degrees 23 minutes 51 seconds
west, radial to the last described curve, 120.00 feet to a point on a curved line convex northwesterly,
having a radius of 261 .00 feet; thence easterly along the last described curve for an arc distance of
80.00 feet; thence south 3 degrees 09 minutes 52 seconds west, radial to the last described curve,
120.00 feet, to a point on the aforementioned curve having a radius of 141.00 feet; thence
s6utheasterly along said curve for an arc distance of 60.01 feet, to a point of langency, thence south 62
degrees 27 minutes east, tangent with the last described curve, 395.00 feet, to a point of curvature;
thence easterly along a curved line convex southerly having a radius of 500.00 feet, for an arc distance
of 552.632 feet ' thence north 35 degrees 46 minutes 37 seconds west, radial to the last described
curve, 120.00 feet to a point on a curved line convex southerly having a radius of 1180 feet; thence
northeasterly along said curve for an arc distance of 25.00 feet; thence south 37 degrees 43 minutes 07
seconds east, 569.073 feet ' thence south 33 degrees 47 minutes west, 45.00 feet to the place of
beginning, in McHenry County, Illinois, and also Lot A in Boone valley Plat No 7, being a subdivision
of part of the west half of Section 34, Township 45 North, Range 8 east of the third principal meridian,
according to the Plat thereof, recorded August 23, 1973 as Document No. 001795 in McHenry County,
Illinois.