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HomeMy WebLinkAboutOrdinances - ORD-11-1559 - 10/03/2011 - CUP RELIGIOUS INSTITUTION WEST CAMPUSORDINANCE NO. ORD-11-1559 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RELIGIOUS INSTITUTION FOR THE PROPERTY LOCATED AT 5603 BULL VALLEY 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 of the 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 by requesting a Conditional Use Permit to allow a religious institution, 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 September 15, 2011, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations 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 PROEPRTY is hereby granted a Conditional Use Permit to allow a religious institution subject to the following conditions: I . Parking lot shall be improved with striping, weeds shall be eliminated and any substandard pavement shall be repaired or replaced; 2. Any additional property maintenance -related issues shall be addressed prior to occupancy by the Unitarian Universalist Congregation of Woodstock� 3. The existing apartment, if utilized, shall comply with current applicable building code standards, and, shall be occupied only by employee(s) or staff member(s) of the Church and not for generating income; 4. Additional right-of-way along Bull Valley Road, consistent with the Bull Valley Corridor Study completed in 2007 approximately 27', shall be dedicated free and clear of all encumbrances to the City of McHenry for future road )mprovements. Any costs resulting directly from this 27' right-of-way dedication which cause physical and/or financial impact to the property owner requiring remedy including: driveway or sign relocation, building, structure or parking loss, all improvements existing at the time of this ordinance approval, shall be home by the City of McHenry or other applicable governmental entity prior to commencement of any roadway improvements consistent with the aforementioned Bull Valley Road Corridor Study. 5. PADS or any overnight shelter shall not be allowed without prior consent of Council or expansion of the conditional use permit as required by Council. 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: 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 nonnally 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 tile general public in the vicinity; and 6. The proposed use is in han-nony 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 57 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 THIS 3" DAY OF October, 2011 AYES: Sant4, Sehaefer, Wimmer, Petersom, Poindom NAYS: ABSTAINED: ABSENT: NOT VOTING: None None APPROVED THIS 3rd DAY OF October 12011 ATTEST: CITY rLE 7 Exhibit A Exhibit A Legal Description of the SUBJECT PROPERTY Parcei 1: That part of the Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Southwest Quarter; thence West alonglhc North line thereof-, 194.85 feet; thence South at right angles to the last described line, 337.60 feet; thence East at right angles to the last described line; 200.0 feet; thence Northeasterly at an angle of 58 degrees 30 minutes measured counter clockwise from the last described line, 125.0 feet; thence Easterly at an angle of 70 degrees measured clockwise from the last described line, 115.0 feet; thence Northerly at right angles to the last described line, 256.0 feet to the North line of said Southeast Quartet; thence West along said North line, 234.20 feet to the place of beginning, in McHenry County, Illinois Parcel 2: That part of the Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North, Range 8, Fast of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Southwest Quarter; thence West along the North line thereof, 194.85 feet, thence South at right angles to the last described line, 424.0 feet; thence East at right angles to the last described line 377.29 feel; thence Northerly at an angle of 90 degrees 14 minutes, 27 seconds measured clockwise from the last described course, 170.06 feet; thence Northeasterly at an angle of I I degrees, 15 minutes, 33 seconds measured clockwise from the last described course, 256.0 feet to the North line orsaid Southeast Quarter; thence West along said North line 234.20 feet to the place of beginning, (except that part described as follows: beginning at the Northeast corner of said Southwest Quarter; thence West along the North line thereof, 194.85 feet; thence South at right angles to the last described line, 337.60 feet; thence East at right angles to the last described line, 200.0 feet; thence Northeasterly at an angle of 58 degrees 30 minutes measured counter clockwise from the last described line, 125.0 feet; thence Easterly at an angle of 70 degrees measured clockwise from the last described line, 115.0 feet; thence Northerly at right angles to the last described line, 256.0 feet to the North line of said Southeast Quarter; thence West along said North line, 234.20 feet to the place of beginning), in McHenry County, Illinois.