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HomeMy WebLinkAboutOrdinances - ORD-13-1623 - 04/01/2013 - CUP TO ALLOW OPEN SALES LOT O/S DISPLAY AND O/D SDepartment 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 www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1623 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT, OUTSIDE DISPLAY OF MERCHANDISE AND OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 2461 N RICHMOND 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 The Home Depot requesting a Conditional Use Permit to allow an open sales lot, outside display of merchandise and outdoor storage for the property located at 2461 N Richmond Road and legally described on Exhibit "A" attached hereto and incorporated herein ("SUBJECT PROPERTY"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 14, 2013 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 an open sales lot, outside display of merchandise and outdoor storage, in accordance with the attached SITE PLAN attached hereto and incorporated herein as Exhibit B and subject to 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 www.ci.mchenry.il.us • Outside display of merchandise, open sales lot and outdoor storage areas shall be in substantial conformance with the attached site plan; • Deviations from the attached site plan will require anew conditional use permit. 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 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. 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 www.ci.mchenry.il.us 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 THIS IST DAY OF APRIL, 2013 AYES: Santi, Blake, Wimmer, Peterson, Condon NAYS: Glab ABSTAINED: None ABSENT: Schaefer NOT VOTING: None APPROVED THIS Ist DAY OF APRIL, 2013 —, �71�4 MAYOR ATTEST: — /�qlQ�r-k- C CIT ER 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 www.ci.mchenry.il.us Exhibit A Legal Description of the SUBJECT PROPERTY LEGAL DESCRIPTION7 A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23, Township 45 North, Range 8 East, of the Third Principal Meridian, according to the plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats, Page 34, in McHenry County, Illinois, described as follows: commencing at the Southeast corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds West 1280.67 feet along the South Line of East 1/2 of the Southwest 114 of Section 23, Towi-ship 43 Noi-ffi, Rangt� 8 East of the Third Principal Meridian; tnence North 00 degrees 18 minutes, 34 seconds East 330.00 feet; thence South 88 degrees 49 minutes 06 seconds West 49.50 feet to a point on the West Line of the East '/2 of the Southwest 1/4 of said Section 23; thence North 00 degrees 18 minutes 34 seconds East 1028.52 feet along said West Line; thence North 89 degrees 58 minutes �O seconds East 136, 51 feet to the point of beginning of the land to be described: thence North 9 degrees 43 minutes fifteen seconds East 358.67 feet; thence North 317.67 feet; thence East 709.58 feet; thence South 26 degrees IS minutes 59 seconds East 115.59 feet; thence South 55 degrees 53 minutes 57 seconds East 8.39 feet; thence South 563.51 feet; thence South 89 degrees 58 minutes 30 seconds East 828.33 feet to the point of beginning. Containing 10.01 acres of land, more or less.