HomeMy WebLinkAboutOrdinances - ORD-14-1682 - 08/18/2014 - CUP MOTOR VEHICLE TRAILER REPAIR 2103 ROUTE 120Department 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-14-1682
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE AND
TRAILER REPAIR, A MOTOR VEHICLE BODY SHOP AND AN OPEN SALES LOT FOR THE
PROPERTY LOCATED AT 2103 W ILLINOIS ROUTE 120 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 Robert M. Arnold
35913 N Ash Street Ingleside, IL 6004 requesting a Conditional Use Permit to allow motor
vehicle and trailer repair, a motor vehicle body shop and an open sales lot on 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 July 24, 2014 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 motor vehicle and trailer repair, a motor vehicle body shop and an open sales lot subject
to the following conditions:
• Outside display of merchandise shall be permitted on the north, northwest and east
sides of building on paved surfaces only.
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
Outdoor vehicle display shall be permitted on the east, north, and northwest sides of
the building within the paved areas in place and display of vehicles must be within
striped parking spaces-if located on the east side of the building.
A maximum of five vehicles may be displayed at any one time-on the east side of the
building. Additional vehicles may be displayed on the north and northwest sides of the
building on the existing concrete pads only, as designated on the attached plat of
survey/site plan (the "SITE PLAN"), attached hereto and incorporated herein as Exhibit
B.
Vehicles cannot create any vision/line-of-sight problems.
Vehicle lights shall remain off and doors and hoods must remain closed;
Vehicular ramps are prohibited.
Outdoor display of any merchandise is only permitted during hours the business is open
and accessible to the public. At all other times the product shall be stored inside the
building.
The use of signage, pennants, banners, flags (other than American) lighting, electric
amplification or noise making devices shall not be used to attract attention to any
outdoor display.
All sales and transfer of product shall take place inside the building where normal retail
transactions occur.
Outside display shall only be allowed when weather conditions are favorable for this
use.
Outdoor display of merchandise shall be kept neat and orderly and remain free from
trash and debris at all times.
Outdoor display of retail merchandise and vehicles shall be permitted on the north and
northwest side of the building, on the existing concrete pads only-as depicted on the
attached plat of survey/site plan, and all merchandise shall be taken inside at the close
of each business day. No outdoor display of merchandise shall be permitted within
designated parking areas-other than the five vehicles permitted to be displayed on the
east side of the building.
All repair and body work shall be conducted wholly within an enclosed building.
All vehicles awaiting pickup or repair shall be parked on the south or west side of the
building.
All vehicles awaiting repair which may leak fluids or pose any other environmental
hazard due to the condition of the vehicle must be kept inside at all times.
There shall be no outside storage on the subject property associated with this business.
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
• Any outdoor dumpster placed on the subject property shall be fully screened and
enclosed with a solid fence-chain link/chain link with slats is prohibited. Location of
dumpster area shall be approved by City staff.
• Employee parking must be on the south and west sides of the building.
• Applicant must comply with parking lot lighting provisions and all other provisions
outlined in the zoning ordinance unless otherwise stated as part of this
recommendation and associated conditions herein.
• Applicant must submit a letter from the McHenry County Highway Division approving
the proposed access points off of Chapel Hill Road prior to receipt of an occupancy
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
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
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 THIS 18th DAY OF AUGUST, 2014
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 18TH DAY OF AUGUST, 2014.
C ^t^j
MAYOR
ATTEST:
CITiYCLE
Exhibit A
Legal Description of Subject Property
PARCEL 1:
THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT A POINT OF INTERSECTION BETWEEN THE CENTERLINE OF STATE
ROUTE 120 AND THE EAST LINE OF SAID NORTHEAST QUARTER FOR A
POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID
CENTERLJNE, 160 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE
EAST LINE OF SAID NORTHEAST QUARTER, 330 FEET TO A POINT;
THENCE SOUTHEASTERLY ON A LINE PARALLEL WITH THE. CENTER LINE
OF SAID STATE ROUTE 120 TO THE EAST LINE OF SAID NORTHEAST
QUARTER; THENCE NORTH ALONG SAID EAST LINE TO THE PLACE OF
BEGINNING, (EXCEPTING THAT PART DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE: NORTHEAST
QUARTER OF SAID SECTION 36; THENCE ON AN ASSUMED BEARING
SOUTH 0 DEGREES 19' 29" WEST ALONG SAID EAST LINE THEREOF
481.87 FEET TO A POINT ON THE CENTERLINE OF THE RIGHT-OF-WAY
FOR ILLINOIS ROUTE 120 FOR A POINT OF BEGINNING; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE 64.84 FEET TO A
POINT ON A 23,835.19 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF
SAID CURVE BEARING SOUTH 20 DEGREES 52' 53" WEST FROM SAID
POINT; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A
CENTRAL ANGLE OF 0 DEGREES 23' 05", FOR A DISTANCE OF 160.09
FEET TO A POINT ON THE WEST LINE OF THE LANDS OF THE GRANTOR;
THENCE NORTH 0 DEGREES 19129" EAST, 64.58 FEET ALONG SAID WEST
LINE TO A POINT ON THE CENTERLINE OF RIGHT-OF-WAY FOR ILLINOIS
ROUTE 120, SAID CENTERLINE BEING ON A CURVE HAVING A RADIUS OF
28,650 FEET, THE CENTER OF CIRCLE OF SAID CURVE BEARING SOUTH
20 DEGREES 26' 25" WEST FROM SAID POINT; THENCE SOUTHEASTERLY
ALONG SAID CURVE CENTERLINE HAVING A CENTRAL ANGLE OF 0
DEGREES 191 12", FOR A DISTANCE OF 160.00 FEET TO THE POINT OF
BEGINNING, AND ALSO EXCEPTING THAT PART OF THE NORTHEAST
QUARTER OP THE. NORTHEAST QUARTER OF SAID SECTION 36,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION
BETWEEN THE CENTERLINE OF ILLINOIS ROUTE 120 AND THE EAST LINE
OF SAID NORTHEAST QUARTER, THENCE SOUTH 0 DEGREES 52' 19"
WEST ALONG SAID EAST LINE, 64.84 FEET TO THE SOUTHERLY RIGHT-
OF-WAY LINE OF SAID. ILLINOIS STATE ROUTE 120, FOR A POINT OF
BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 52" 19" WEST
ALONG SAID EAST LINE 265.16 FEET; THENCE NORTHWESTERLY
PARALLEL WITH THE CENTERLINE OF SAID ILLINOIS ROUTE 120, BEING
ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 28,650 FEET, FOR
AN ARC DISTANCE OF 32.20 FEET; THENCE NORTH 1 DEGREE 08' 21"
WEST, 214.41 FEET; THENCE NORTH 27 DEGREES 38' 06? WEST, 76.67
FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY OF SAID ILLINOIS
ROUTE 120; THENCE SOUTH EASTELY ALONG SAID SOUTHERLY RIGHT-
OF-WAY, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
23,835.19 FEET, FOR AN ARC DISTANCE OF 79.30 FEET TO THE POINT OF
BEGINNING). BEING LOCATED IN THE CITY OF MCHENRY. MCHENRY
COUNTY, ILLINOIS.
PARCEL2:
THAT PART OF THE NORTHEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 6, TOWNSHIP 45 NORTH, RANGE 8- EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
AT THE INTERSECTION BETWEEN THE CENTERLINE OF STATE ROUTE
120 AND THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE
NORTHWESTERLY, ALONG SAID CENTERLINE, BEING ON A CURVE TO
THE LEFT, HAVING A RADIUS OF 28,650.00 FEET, FOR AN ARC DISTANCE
OF 160.00 FEET; THENCE SOUTH 0 DEGREES 52' 19* WEST ON A UNE
PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 64.54
FEET TO THE RIGHT-OF-WAY OF SAID STATE ROUTE 120, FOR A POINT
OF BEGINNING; THENCE CONTINUING ON THE LAST DESCRIBED
COURSE, SOUTH 0 DEGREES 52' 19" WEST FOR A DISTANCE OF 265.42
FEET; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 28,650.00 FEET, PARALLEL WITH THE CENTERLINE OF SAID
STATE ROUTE 120, FOR AN ARC DISTANCE OF 74.51 FEET; THENCE
NORTH 0 DEGREES 52' 19" EAST, PARALLEL WITH THE EAST LINE OF
SAID NORTHEAST QUARTER, 265.48 FEET, TO THE RIGHT-OF-WAY OF
SAID ROUTE 120; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-
WAY, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
23,835.19 FEET, FOR AN ARC DISTANCE OF 74.53 FEET, TO THE POINT OF
BEGINNING, BEING LOCATED IN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS.
PIN: 09-36-200-032 a 09-36-200-033
ALTA / ACSM Land Title SurveyPARCEL 1THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST gUAffTE" Of SECTION 36. TOWNSHIP 45 NORTH. RANGE fl EAST OF THE THIRD PRINCIPAL MEBIDWM, DESCRIBED AS FOLIOWS: COMMENCIN
G AT A POINT OF INTERSECTION BETWEEN DC CBMEnUNC OF STATE ROUTE 110 AND THE EAST UNE OF SAID NORTHEAST QUARTER FOB A POINT OFBEGINNING; THENCE NORTHWESTEflLY ALONG SAKJ CENTERUNE. tflO FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE EAST UNE OF SMD NORTHEAST QUAftTER. 3» FEET TO A POINT: JHENCE SOUTHEASTERLY ON A LJNE PARALLEL WITH THE CENTER UNE OF S*D STATE ROUTE iWI TO TOE EAST'LINEOFSAIDTTOimEASTOUARTEH^THENCE NORTHALONG SAID EAST LJNE TO THE PLACE OF BEGINNING, ( EXCEPTING THAT PART DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAIO SECTION 36; THENCE ON AN ASSUMED BEARING SOUTH (T 19' 23" WEST ALONG SAID EAST UNE THEREOF «1 07 FEE7 TO A POM ON THE CENTERUNE OF THERIGHT-OF-WAY FOR ILLINOIS ROUTE 120 FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE 6-1.84 FEET TO A POINT ON A 13,835,18 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARING SOUW Iff S3* W WEST FROM SAID POINT- THENCE'NORTHWESTERLY ALONG SAID GURVEHAVWG ACENTRAL ANGLE Of <T 23' OS' , FOH A DISTANCE Of 180.09 FEET TO A POINT ON THE WEST UNE OF THE LANDS OF THE GRANTOR: THENCE NORTH <T IB" 29' EAST, B4.S8 FEET ALONG SAID W&T LINE TO A POINT OK THE CENTEHUNe OF RIGHT-OF-WAY FOR ILLWOJS BOUTE 120. SMD CENTERLINE BEING ON A CURVE HAVING A RADU« Of 38(50FEET, THE CENTER OF CIRCLE OF SAID CURVE BEAfllWC SOUTH 2V 26' 25' WEST FflOH SAIO POINT: THENCE SOUTHEASTERLY ALONG SAID CURVE CENTERUNE HAVING A CENTRAL ANGLE OF a1 19' t2". FOR A DISTANCE OF 160.00 FfiET TO THE POINTT OF BEGINNING. AND ALSO EXCEPTING THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEASTQUARTO? OF SAID SECTION 36. DESCRIBEE) AS FOLLOWS: COMMENCING AT A PONT OF INTERSECTION BETWEEN THE CENTERUNE OF ILLINOIS ROUTE 120 AND THE EAST LINE OF SAID NORTHEAST QUARTER, THENCE SOUTH O1 32' 19* WEST ALONG SMD EAST LINE, B4B4 FEET TO THE SOUTHERLY RIGHT-OF-WAY UNE OF SAO ILLINOIS STATE ROUTE120FOR A POINT OF BEGINNING; THENCE CCWINUINO SOUTH O1 S2' 10* WEST ALONG SAID EAST LINE 265.16 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE CENTERLJNE OF SAIO ILLINOIS ROUTE (20, BEING ALONG A CURVE TO THE LEFT, HAMNC A P.ADIUS OF 26.050 FF£T FOR AN ARC DISTANCE OF 32.20 FEET' THENCE NORTH 1' OS1 21" WEST '214.41 FEET' THENCE NORTH 2T 3B' 06' WEST, 76.67 FEET TO A POINT IN THE SOUTHERLY RlGHT-aF-WAT OF SAIO ILLINOIS ROUTE 110; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY, BONO ALONG A CURVE TO THE RIGHT, ((WHIG A RADIUS OF 23 835 19 FEET FOH AN ARC OlSttNCE OF 7SJD FEET TO THE POINT OF BEGINNING}. BEING LOCATED IN THE CITY OF UeHENRY. MtHENRY COUNTY, ILLINOIS.PARCEL 2THAT PART Of THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIOVW DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION BETWEEN THE CCNTEJHJNE OF STATE ROUTE 120 AND THE CAST LIN
E OF SAID NORTHEAST QUARTER' THENCE NORTHWESTERLYALONG SAID CENTERLJNE, BEING ON A CURVE TO THE LEFT, HAVING A RADIUS OF 2fl.eM.Ofl FEET. FOR AN ARC DISTANCE OF 160.00 FEET; THENCE SOUTH ff 52' 19' WEST ON A LJNE PARALLEL WITH THE EAST UNE OF SAID NOHTHEAST QUARTER, StS* FEET TO THE RJOHT-OF-W OF SAID STATE ROUTE 120 FOR A POINT OF BEGINNING' THENCECONTINUING ON THE LAST DESCRIBED COURSE, SOUTH ff 32' IB' WEST FORA DISTANCE OF 283.42 FEET; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT. HAMNO A RADIUS OF 28.8511.00 FEET, PARALLEL WITH THE CENtERUNE OF SAIO STATE ROUTE 120 FDR AN ARC BSTWfCE OF 74 SI FEET THENCE NORTH CT 52' 19' EAST PARALLEL WITHTHE EAST LINE OF SAIO NORTHEAST QUARTER. 265.48 FEET. TO THE RIGHT-OF-WAY OF SAID ROUTE TJOj THENCE SOUTHEASTERLY ALCNO SAID BfGKT-OF-WAY, BEING ALONG A CURVE TO ThE RIGHT, KW1NG A RADIUS OF 13.833.19 FEET, FOR AN ARC WSTANCE OF 74v03^ETTOTHE POINT' OF BK«NW6BEfl?e LOCATED IN THEWTY^McHENOT"3tfJuftWXW V -4- OLJNE OF WE HE 1/4 OF THE Ht t/4 Or SEC,NORTHWESTERLY - 32.2D DEEDRAD. H 28650.00 D, & M.ARC = 32.20' D. & MCH. o 32.20' M.a, Aown M UlB food Inwrwc. fotn mop Cwwriwlll* Pen*Ho, 17II1C023OJ dol.d Nnvntwr 1A 2006 o, puubh.d bx lh. FtjemEmtrgensy Managwnmt A9«ney.ONE STORY CONCRETCBLOCK Ic METAL COMMERCIALBUILDING WITH GLASS ENCLOSEDSHOWROOM AND SER«CE BAyS(M«NRY HARLEY OAVIDSOflN otrig'sg- e 64N OO-52'IS' E 64.58' - M»S.B^'lg" W 265.42' - DEED it MEAS.""""'Hurfimtr Truit Company 01 ouceranr Truest ID SWl*Sank of th> Loktt tindtr Uu provlllona of i Tiu*t Agreomtnldalid Dacrmbw U, 189S and known 01 Tflirt *SBL-9B-1Z9S 00*52 19 W 64.58' - D. A M.*'*'i map or plot and tht wrvty on mhlen It:canhinea ollh (h< "Minimum SlondanlRaqul»m»nli for ALTV^CSM Land Title Surwa,* Jointly nMbfiihidby ALTA qnd NSPS IN 2009. and InckHJHAREA SUMMARY:PARCELS #1 &1.1069 ACRES ±Itienat. Pgnuantand In »rf«ct «i th« dot* elundanlgntd lurlhor c«tin» that In my prof«>fwiol opinion,N 00*5219" E 265.48' = DEED & MEAS.ALTA / ACSM LAND TITLE SURVEY