HomeMy WebLinkAboutOrdinances - ORD-15-1735 - 07/06/2015 - CUP 701 N GREEN ST EDGEBROOK SCHOOLORDINANCE NO 15-1735
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE (EDUCATIONAL INSTITUTION) AND BUILDING ADDITION
ON THE PROPERTY LOCATED AT 701 N GREEN 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 McHenry Elementary School
District 15, 1011 N Green Street McHenry, IL 60050 ("Applicant and Owner") requesting a
Conditional Use Permit to allow an assembly use (educational institution) 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 June 17, 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 PROPERTY is hereby granted a conditional use permit
to allow an assembly use (educational institution) and proposed building addition of
approximately 11,200 square feet with the condition the site is developed in substantial
conformance with the site plan prepared by Arcon dated May 13, 2015 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:
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 or of the general public in the vicinity.
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 6th day of July 2015.
Voting Aye:
Voting Nay:
Abstaining:
Not Voting:
Absent:
Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
None
None
None
None
Mayor
ATTEST:
UL CL,
CijtyY:lerk
EXHIBIT A
THE WEST ONE-HALF (1/2) OF THE PARCEL OF GROUND DESCRIBED AS FOLLOWS:
THAT PART OF THE WEST HALF (1/2) OF THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 45 NORTH, RANGE; 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF THE SAID WEST HALF (1/2) OF THE NORTHEAST QUARTER AND
FOLLOWING THENCE WEST ALONG THE SECTION LINE 70 RODS TO THE
NORTHEAST CORNER OF A PIECE OF LAND CONVEYED BY CHARLES E. ECKS TO
WILBERT BASSETT OF DEED DATED FEBRUARY 29, 1908, AND RECORDED IN THE
RECORDERS OFFICE OF MCHENRY COUNTY, ILLINOIS IN BOOK 127 OF DEEDS BY
PAGE 123, THENCE SOUTH AL0NG THE EAST LINE OF THE PIECE OF LAND SO
CONVEYED 91.43 RODS, THENCE EAST PARALLEL WITH SAID SECTION LINE, 70
RODS TO THE EAST LINE OF Th|E SAID WEST HALF (1/2) OF THE NORTHEAST
QUARTER THENCE NORTH 91.43 RODS TO THE PLACE OF BEGINNING.
EDGEBROOK SCHOOLFIN. FLR. ELEVATION: