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HomeMy WebLinkAboutOrdinances - ORD-15-1713 - 03/16/2015 - 929 N Front StORDINANCE NO 15-1713 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAY OF MERCHANDISE, MOTOR VEHICLE AND TRAILER REPAIR AND MOTOR VEHICLE BODY WORK ON THE PROPERTY LOCATED AT 926 FRONT STREET 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 Andrew Principio, 6414 Suttondale Road Huntley, IL 60142 requesting a Conditional Use Permit to allow outdoor display of merchandise, motor vehicle and trailer repair and motor vehicle body work 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 February 18,, 2015 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 the outdoor display of merchandise, motor vehicle and trailer repair and motor vehicle body work subject to the following conditions: • Outdoor display of leaking vehicles is prohibited; • Outdoor display area is limited to the east of the existing building and must be secured, including some type of security control/device during non-business hours or minimal security lighting; • Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited; • All repair work shall be conducted within the building; • Vehicles for sale should be contained in areas depicted on the site plan, not impede access or circulation and cannot occupy required customer or employee parking spaces. • Any outdoor dumpster shall be screened in accordance with City ordinances. • Vehicles shall be not loaded or unloaded within the John or Front Street rights-of- way. • Written approval from IDOT shall be secured prior to the applicant receiving a certificate of occupancy. • Vehicles shall generally be brought into the building utilizing the overhead door on the eastern side and vehicles brought into/out of the overhead door on the western side of the building facing Front Street shall be limited and not impede vehicular or pedestrian traffic. • Customer parking/striping should be delineated in the location depicted on the site plan. • Vehicles displayed at the northwest corner of the site shall not impede site lines or protrude into the right-of-way. • Employee parking shall generally be to the east of the building as delineated on the site plan. • Light trespass to the east shall be prohibited and any after-hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from Front Street, John Street as well as the residential to the north, south and east. Glare from the lighting should be minimized to the greatest extent practical, and the use of the full cut-off fixtures shall be required. • Outdoor storage is prohibited. • Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles. • Vehicles displayed shall be kept in an orderly manner. • Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is prohibited unless a variance is granted by the City Council. • There shall be no outdoor music or entertainment of any kind without the applicant applying for a temporary 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. 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 16th DAY OF MARCH 2015. VOTING AYE: VOTING NAY: NOT VOTING: ABSTAINING: ABSENT: Condon, Peterson, Wimmer, Blake, Schaefer, Santi, Glab None None None None MAYOR ATTEST: Exhibit A Legal Description of the Subject Property