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HomeMy WebLinkAboutOrdinances - ORD-15-1744 - 07/20/2015 - CUP FOR PADS W/CONDITIONS 1809 S ROUTE 31ORDINANCE NO 15-1744 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE INCLUDING A ONE NIGHT PER WEEK USE AS A PADS (PUBLIC ACTION TO DELIVER SHELTER) SITE FOR THE PROPERTY LOCATED AT 1809 S ILLINOIS ROUTE 31 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, 1200 American Way Libertyville, IL 60048r requesting a Conditional Use Permit to allow an assembly use, including a one-night/week use as a PADS (Public Action to Deliver Shelter) site for the property located at 1809 South Illinois Route 31 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 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 PROEPRTY is hereby granted a Conditional Use Permit to allow an assembly use including a one-night/week use as a PADS (Public Action to Deliver Shelter) site on the property located at 1809 S. Illinois Route 31 subject to the following conditions: • The site is developed in substantial conformance with the site plan prepared by Skiffington Architects, LTD dated 9/25/14 attached hereto and incorporated herein as Exhibit B ("Site Plan") and Conceptual Building Renderings dated May 15, 2015 attached hereto and incorporated herein as Exhibit C ("Conceptual Building Renderings"); • Conditional use permit shall expire on July 20, 2020 if site and building renovations are not completed in substantial conformance with the Site Plan and Conceptual Building Elevations attached hereto and incorporated herein as Exhibits B and C respectively; • The freestanding sign, located at the southeast corner of the Subject Property, shall be removed within 90 days of annexation approval by the City Council; • The existing billboard shall be removed contemporaneously with the completion of the Future Improvements or prior to the expiration of the conditional use permit for an assembly use whichever occurs first; • The building on the subject property shall only be utilized, following a walk-thru inspection, if 100 people or less are inside at any one time until such time the interior renovations are completed and the building is prepared and inspected to be utilized as a permanent church facility; • Applicant shall comply with all Illinois Department of Transportation (IDOT) requirements to permit the use of the building in the short-term (100 people or less); • All off -site and on -site (access and roadway) improvements shall be in accordance with the requirements of IDOT; • Applicant shall dedicate any right-of-way required for long-term roadway improvements to Illinois Route 31; dedication shall be made to the City free and clear of any liens and encumbrances and a plat of dedication shall be submitted to the City for recordation; City will work with applicant and IDOT to determine amount of right-of-way which may be required; • Applicant shall make every reasonable effort to obtain a cross -access easement, if one does not currently exist, from Waste Management to facilitate access to the future traffic signal at Veterans Parkway and Illinois Route 31 when a traffic signal is installed; • Property maintenance issues including: weed and trash and debris removal shall be completed within 90 days following annexation approval by the City Council; • Parking lot patching and restriping to accommodate use of the building for 100 people or less, shall be completed following annexation approval by the City Council and when building renovations are completed but before a certificate of occupancy is issued; • Dumpsters on north side of building shall be relocated to the west of the building when future building and site renovations occur in addition all dumpsters are required to be fully enclosed and screened, as well as all mechanical equipment, in accordance with City ordinances; • All existing lighting standards shall be tested to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance, are met within 90 days of City Council approval of the annexation; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use, the existing well and septic systems shall be abandoned and sewer and water shall be extended to the subject property; sewer shall be extended along the entire frontage of the eastern property line with stubs to the north and south and appropriate permits from the City, IEPA, IDOT and McHenry County Department of Health shall be obtained; • Following completion of interior and exterior building renovations and prior to a certificate of occupancy being issued on the subject property for an assembly use all City ordinances shall be followed and complied with including but not limited to: zoning, building and stormwater; • The building shall not be utilized as an overnight PADS site until a final certificate of occupancy is approved by the City, following complete renovations to the building. Z 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: 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; 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; 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. P] PASSED and APPROVED this 20t1' day of July 2015. Voting Aye: CONDO", PETERSON, WIMMER, CURRY, GLAD, SANTI Voting Nay: NONE Not Voting: NONE Abstaining: NONE Absent: SCHAEFER Mayor ATTEST: Exhibit A Legal Description of the Subject Property PARCEL 1: THE SOUTH 299.67 FEET (AS MEASURED BETWEEN PARALLEL LINES) OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CENTER LINE OF PUBLIC HIGHWAY KNOWN AS STATE ROUTE 31, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 2: EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED FROM WASTE MANAGEMENT OF ILLINOIS, INC., A DELAWARE CORPORATION, TO ENCLAVE CORPORATION, AN ILLINOIS CORPORATION, DATED MARCH 15, 1988 AND RECORDED MARCH 16, 1988, AS DOCUMENT NO. 99R6993, OVER THE SOUTH 25 FEET, (EXCEPT FOR THE EASTERLY 30.01 FEET AND THE WESTERLY 164.0 FEET THEREOF), OF THE NORTH 251.98 FEET OF THE SOUTH 551.65 FEET OF THE WEST 345.74 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. Permanent Real Estate Index Number: 14 10 402 006 a I W I I I I (A MA),SBZ Z 0 m co 2 L � Y umimN� N � Q 11 11 11 II N LU 02� -t 3 � 2 I4- o � ir W H Z U �a w= x cn U Q Q W Q Q c b U 0 =aa F'Q_N r7 `J 9 - lean may, �„ . - :,rr, .. w�T-+T• �r� ... }. I � w�� } T < �� y r >, •;- v i 1 - _ i .. _ ! �. � ' 1/r' McHenry Campus: PO Box 1168 •McHenry, IL 60050 • 847-201-2777 • www.chapel.org IIIII'IIIIINI�V@IIIIIIIIIIINIIY'IVIYIVYIIIV'lIN9Nl� n rnYLLIS K. WALTERS RECORDER-MCHENRY COUNTY, IL 015R00311650 08/24/2015 01052PH PAGES q RECOROIPdG FEE 30.G0 GIS FEE 15.00 CERTIFICATION I, Marcia M Geraghty, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify that at a regular meeting of the McHenry City Council, held on the 20th day of July 2015, the foregoing Ordinance No. ORD-15-1744 entitled An Ordinance granting a Conditional Use Permit to allow an Assembly Use including a One Night per Week use as a PADS site for the property located at 1809 South Illinois Route 31, was duly passed by said City Council. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. Given under my hand and corporate seal of the City of McHenry this 21St day of August 2015. 4 1 /V • t I�o IL r tR t 0 i !,f K� 0, b f ,FF a,. Prepared by and Mail to: City of McHenry Marci Geraghty, Deputy Clerk MT 333 S Green Street McHenry, IL 60050 815-354-5546 Marcia M Geraghty, Depi City of McHenry, McHenry County, Illinois The City of McHenry is dedicated to providing its citi>ens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner.