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Home My WebLink AboutOrdinances - ORD-12-1606 - 10/15/2012 - CUP TO ALLOW O/S STORAGE OF HEAVY EQUIP TRUCKS ANDDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.cl.mchenry.il.us ORDINANCE NO ORD-22-1606 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE OF HEAVY EQUIPMENT, TRUCKS AND CONSTRUCTION SUPPLIES IN CONJUNCTION WITH THE OPERATION OF A CONTRACTOR'S OFFICE FOR THE PROPERTY LOCATED AT 4172 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 with the City by David Snelten requesting a Conditional Use Permit to allow outside storage of heavy equipment, trucks and construction supplies in conjunction with the operation of a contractor's office for the property located at 4172 Bull Valley Road and legally described on Exhibit "X' 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 20, 2012, 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 PROPERTY is hereby granted a Conditional Use Permit to allow outside storage of heavy equipment, trucks and construction supplies conjunction with the operation of a contractor's office with the following conditions: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us • All construction materials stored outside be kept in bins and/or locked containers; • The property shall be cleared of all debris, including any inoperable vehicles, trailers, etc; • The property keeps a neat and orderly appearance; • A ten -foot wide strip of right-of-way, measured from the existing Bull Valley right-of- way north along the fifteen -foot wide driveway, is conveyed via a Plat of Dedication to the City of McHenry for future roadway improvements (referenced in the Bull Valley Road/River Road/Chapel Hill Road Corridor Study completed by Smith Engineering Consultants with a latest revision date of 2/14/07). 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 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.1l.us www.ci.mchenry.it.us 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 15th day of October, 2012. AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None. ABSTAINED: None. ABSENT: None. NOTVOTING: None. J:� z a,-47 MAYOR ATTEST: CITY Cn Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property Lepl Description THAT PART OFTHE WEST So ACRES OF THE SOUTHEAST QUARTER OF T14H NORTHEAST QUARTER OF SECTION &TOWNSHIP 44NORrH, RANGE 8 EAST OF THETHIRD PIUNClPALMERlDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT 'I'HE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTL?kOFAID SrCrION 3; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST (BEARING ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTE [EAST QUARTER, A DISTANCE OP.306-4 FEET, FOR A PLACR OF 11 LGINNING; TI I ENCE NORTH o i 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 FRET; THENCE NORTH oi DEGREES 3o MINUTES 22 SECONDS FAST, A DISTANCE OF 270.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES n8 SRCONDS WEST, A DISTANCE OF 221.09 FEET; THENCE NORTH oi DEGREES 27 MINUTES 24 SECONDS EAST, A DISTANCE OF 498.82 FEET; THENCE SOUTH 89 DEGREES 53 MI N UTES 59 SECON D8 EAST, A DISTANCE OF 997.96 FELT; 7 HENCE SOUTH 0 1 DEGREES 24 M I N UTES 33 SECONDS W EST, A DISTANCE OF 69 i.2o ITEET;THENCE NORTH 89 DEGREES 45 MI NUTES 38 SECONDS WESf, A DISTANCE OF 126.00 FEET; THENCE SOUTH ox DEGREF,S24M[NUI'ES338FCONDSW-M,Al)ISTANCEOF268.90FEZY; ' THENCE NORTH 89 DEGREES 45MINOTES38 SECONDS WESTADISTANCEOF 14-00 FEET; THENCE SOUTH ox DEGREES 94 MINLITES 33 SECONDS WEST, A DISTANCE OF 341.10 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 16.00 FrUr; THENCE NORTH oi DEGREES 40 MINUTES to SECONDS EAST, A DISTANCE OF 466.56 FEET, THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 3io.00 FEF,7; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST. A DISTANCE OF 30.0o FEET; TH ENCE, SOUTH 89 DEG REES 45 MINUTES 38 S PCONDS EAST, A DISTANCE OF ioo.00 FELT; THENCE SOUTH oi DEGRE&S Jo MINUTES 22 SECONDSWEST, A DISTANCE OF 0,2o FEET; THENCE SOUTH 89 DEGREF-01 4s MINUTES,98 SECONDS FAST, A DISTANCE OF 210,00 FEET; THENCE NORTH oi DEGREES 3o MINUTES 21 SECONDS LAST, A DISTANCE Or 022.20 FBRT� THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WESrADISTANCE OF 35o.00 FEET; THENCE SOUTH ot DEGREES 3o MINUTES 21 SECONDS WEST, A DISTANCE 01`466.5o FEET;THENCH NORTH 89 DEGREES 45 MINUTES 30 SECONDS WEST, A DISTANCE OF 245,00 FEET; THENCE SOUTH al DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF iio.00 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES,,j8 SECONDS FAST, A DISTANCE OF 86.00 I=- ;THENCE SOUTH oi DEGREES So MINUTES 21 SECONDS WEST, A DISTANCE OF 542-00 FRET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 3o.00 FEET, TO THE POINT OF BEGINNING, TOWNSHIP 44 NORTH, RANGES EAST OF THE THIRD PRJNCIPAL M RRIDIAN, EXCEPTING THEREFROMTHE FOLLOWING DESCRIBED PARCEL OF LAND; THAT PART OF THEWEST 30 ACRES OFM SOUTHEAST 1/4 OFTHE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 44 NORTH, RANGES FAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OFTHE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 3; Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenrV.il.us www.ci.mchenry.11.us THMCB SOUTH 89 DEGREES 45 MINUTES 88 SECONDS BtSI'l(BEARING ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 30.40 FEET, FOR A PJACE OF BEGINNING; THENCE NORTH oi DECEMBER So MINUTES 22 SECONDS EAST, AD19YANCE OF 530 FEET; THENCE NOIkTH 89 DFGRFES 4S MINUTYS 38 SECONDS WEST, A DISTANCE OF 86.00 FEET, THENCE NORTH ot DEGREES So MINUTES 22 SECONDS WT. A DISTANCE OF 27o.00 YEVr;'rI[ENC8 NORTH 89 DEGREES 45 MINUTr%S 24 SECONDS FAST, A DINJI'ANCE OF 498,82 FEET; TI I rNCE SOUTH 89 DEGREES 53 MTNUTES 59 SE . CONDS EAST, A DISTANCE OF 36240 FEET;TFWNCE SOUTH 01 DEGREES So MINUTES 24SECONDS WEST, A DISTANCE OF 647,71 FEET, TIJENCE NORTH 89 DEGREES 4.5 MINUTES 38 SECONDS WEST, A DISTANCE OF ito.85 FFET; THENCE SOUTH oi DEGREES 20 MINUTES 21 SECONDS WES'r, A DISTANCE OF nmoo FEFT;TIIENCE SOUrVH 89 DEGREEtS 45 MINUTES 38 SECONDS EAST, A DISTANCF OF 86.ou FEFr; THENCE SOUTH oi DEGREES 3o MINUTES 21 SECONDS WEST, A DISTANCE OF 542-60 FEET, THENCE NOXI'H 89 DEGREES 45 MINUTES s8 SECONDS WFURT, A DISTANCE OF so.00 FFKr, To T14LI PO[NT OF BEGINNING, IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THETHIRD PRINCIPAL MERIDIAN, IN NICHENRY COUN'1Y, ILLINOIS