HomeMy WebLinkAboutOrdinances - ORD-13-1642 - 08/19/2013 - CUP TO ALLOW AN ASSEMBLY USE FOR THE PROPERTY AT 4-A
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McHenry
CERTIFICATION
2 0 1 3 R 0 0 4 9 7 7 1 7
PHYLLIS K. WALTERS
RECORDER-MCHENRY COUNTY, IL
2013ROO49771
10/11/2013 03:34PH PAGES 7
RECORDING FEE 28.00
GIS FEE 15.00
1, Marcia M. Geraghty, Executive Assistant in and for the City of McHenry, Illinois, do hereby
certify that the attached document is a true and correct copy of City of McHenry ordinance no. ORD-
13-1642, granting a conditional use permit to allow an assembly use for property located at 414 S.
Crystal Lake Road, McHenry (The Chapel). Said ordinance was passed and approved by the McHenry
City Council on August 19, 2013, and was signed by the Mayor on August 19, 2013.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the
City of,McHenry, Illinois this 10th day of October, 2013.
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Marcia M. Geraghty
Executive Assistant
. ..... City of McHenry
........ ...
Prepared by, and after recording, mail to:
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (81S) 363-2100
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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
ORDINANCE NO ORD-13-1642
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE FOR
THE PROPERTY LOCATED AT 414 S 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 VII, 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 Chapel requesting a Conditional
Use Permit to allow an assembly use for the property located at 414 S Crystal Lake Road and
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 July 25, 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 IVICHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to
allow an assembly use with the condition the site is developed in substantial conformance with
layout depicted on the preliminary site plan attached hereto and incorporated herein as Exhibit
B.
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:
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.il.us
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.
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.
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
PASSED THIS 19TH DAY OF August, 2013
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: None
NOTVOTING: None
APPROVED THIS 19th DAY OF August, 2013
MAYOR
ATTEST:
Cl CLER
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
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.1l.us
Exhibit A
Legal Description of the Subject Property
PARCELI:
THAT PART OF LOT 1 OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF THE NORTHEAST QUARTER OF
SECTION 4; THENCE NORTH ON EAST LINE THEREOF FOR A DISTANCE OF 333.30 FEET
TO A POINT FOR THE PLACE OF BEGINNING; THENCE CONTINUING NORTH ON SAID EAST
LINE FOR A DISTANCE OF 333.30 FEET TO A POINT; THENCE WEST PARALLEL TO THE
SOUTH LINE THEREOF FOR A DISTANCE OF 296.80 FEET TO A POINT; THENCE NORTH 68
DEGREES WEST (DEED COURSE) FOR A DISTANCE OF 549.50 FEET TO A POINT IN THE
CENTER LINE OF A PUBLIC HIGHWAY RUNNING IN A NORTHEASTERLY AND A
SOUTHWESTERLY DIRECTION AND COMMONLY KNOWN AS THE CRYSTAL LAKE-MCHENRY
ROAD; THENCE SOUTHWESTERLY ON THE CENTERLINE OF SAID ROAD FOR A
DISTANCE OF 604.87 FEET TO A POINT OF CURVE IN SAID CENTER IN SAID
CENTERLINE; THENCE SOUTHWESTERLY ON A CURVE, CONVEX NORTHWESTERLY AND
HAVING A RADIUS OF 14,323.60 FEET FOR A DISTANCE OF 144.36 FEET TO A POINT ON A
LINE DRAWN 333.30 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOT I OF THE
NORTHEAST QUARTER OF SAID SECTION 4; THENCE EAST 1184.80 FEET TO THE PLACE OF
BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: THE WEST 264 FEET OF THE
SOUTH 666.60 FEET (EXCEPTING THE SOUTH 333.30 FEETTHEREOF) OF GOVERNMENT
LOT 1 OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.
PARCEI-2:
THE WEST 264 FEET OF THE SOUTH 666.60 FEET (EXCEPTING THE SOUTH
333.30 FEET THEREOF) OF GOVERNMENT LOT 1 OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE
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.11-us
www.cl.mchenry.11-us
THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.PINs 1403100027and14
04200007
Exhibit B
The Chapel Site Plan
POOR QUALITY
FOR IMAGING