Loading...
HomeMy WebLinkAboutOrdinances - ORD-15-1747 - 08/17/2015 - CUP FOR OUTDOOR STORAGE 920 N FRONT STORDINANCE NO 15-1747 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN CONJUNCTION WITH A CONTRACTOR'S OFFICE ON THE PROPERTY LOCATED AT 920 N FRONT STREET AND LOT IMMEDIATELY ADJACENT TO THE EAST 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 Shayla Sincere d.b.a. Sincere Landscaping, 405 E. Calhoun, Woodstock, IL, 60098, requesting a Conditional Use Permit to allow outdoor storage in conjunction with a contractor's office on the property located at 920 N Front Street and lot immediately adjacent to the east 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 22, 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 storage in conjunction with a contractor's office subject to the following conditions: • All materials stored outside be kept in bins and/or locked containers; • There shall be no storage or permanent parking on the James Street right-of-way; • The property be maintained and kept in a neat and orderly appearance, including painting the roof on the east half of the building within 60 days of occupancy; • Outdoor storage area must be secured, including some type of security control/device during non-business hours or minimal security lighting; • Outdoor storage shall be enclosed and screened on three sides and not visible to the south or west or accessible to the general public and material used for screening shall be approved by City staff prior to construction; • Outdoor storage area shall not impede access or vehicular circulation and cannot occupy required customer or employee parking spaces; • Any outdoor dumpster or additional mechanical equipment shall be screened in accordance with City ordinances. • Vehicles may temporarily load or unload within the James Street right-of-way, not impeding access, and loading/loading on Front Street is prohibited; • Written approval/confirmation from IDOT shall be secured prior to the applicant receiving a certificate of occupancy; • Employee parking shall generally be to the east of the building and located within the James Street right-of-way allowing no impeding access or overnight parking; • Landscape improvements immediately west of the building shall be completed within 60 days of issuance of a certificate of occupancy; such improvements shall consist of low- growing shrubs/bushes and/or combined with planters, grasses or flower beds and approved by staff; • Applicant shall be required to complete all interior building improvements required for the proposed use prior to issuance of a certificate of occupancy being issued; • Applicant shall maintain the James Street right-of-way immediately south of the building and keep free of weeds, high grass and snow and ice; applicant shall paint east half of building within 60 days of receiving a certificate of occupancy; • 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, James Street and Center Street and adjacent residential to the north 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. 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 AND APPROVED THIS 17th day of AUGUST 2015. Voting Aye: SANTI, SCHAEFER, CONDON, PETERSON, WIMMER GLAB, SANTI Voting Nay: NONE Abstaining: NONE Not Voting: NONE Absent: NONE C 0w- Mayor ATTEST: t. EXHIBIT A PARCEL 1: LOTS 5 AND 6 (EXCEPT THE NORTH HALF OF SAID LOTS THEREOF) AND ALL OF LOT 7 IN BLOCK 12 IN THE ORIGINAL PLAT OF WEST MCHENRY, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 26, AND THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14,1859 IN BOOK 24 OF DEEDS, PAGES 22 AND 23, IN MCHENRY COUNTY, ILLINOIS. ALSO PARCEL 2: PART OF SUB-LOT 1 OF LOT 1 IN BLOCK 12 IN THE ORIGINAL PLAT OF WEST MCHENRY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF JAMES STREET, 171.37 FEET; THENCE NORTHEASTERLY PARALLEDL WITH THE EASTERLY LINE OF LOT 7,128.6; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF JOHN STREET, 132 FEET TO THE EASTERLY LINE OF LOT 7; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF LOT 7,132 FEET TO THE PLACE OF BEGINNING, SAID SUB-LOT BEING A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1902 IN BOOK 2 OF PLATS, PAGE 39, IN MCHENRY COUNTY, ILLINOIS COMMONLY KNOWN AS 920 FRONT STREET.