Loading...
HomeMy WebLinkAboutOrdinances - ORD-15-1748 - 08/17/2015 - CUP FOR ASSEMBLY USE 4513 FRONT ROYAL DRIVEORDINANCE NO ORD-15-1748 ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE FOR PROPERTY LOCATED AT 4513 FRONT ROYAL DRIVE 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 Iglesia Casa De Vida, 3430 Elm Street, McHenry, IL 60050 requesting a Conditional Use Permit to allow an assembly use for the property located at 4513 Front Royal Drive 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 PROPERTY is hereby granted a Conditional Use Permit to allow an assembly use subject to the following conditions: • The building on the subject property shall only be utilized, following a walk-thru inspection by the City and McHenry Township Fire Protection District, and there can be no more than 100 people inside the building at any one time unless the building is improved to meet building code requirements for an assembly use; • Property maintenance issues including: parking lot patching and restrip'mg (in accordance with City ordinance and Illinois Accessibility Code), roof repair, repairing railings to outside stairs in addition to repair/replacement of all broken windows and addressing exposed electrical and all other life safety and property maintenance issues to accommodate use of the building be completed prior to the issuance of a certificate of occupancy being issued for an assembly use on the subject property. All the aforementioned shall be completed in compliance with all applicable City rules, ordinances and regulations; • Parking lot lighting shall be installed, to ensure the minimum parking lot lighting requirements, outlined in the City's zoning ordinance and other applicable ordinances are met prior to issuance of a certificate of occupancy; • Existing or any future dumpster be completely enclosed and screened; existing dumpster shall be completely enclosed or screened prior to issuance of a certificate of occupancy. This shall be completed in compliance with all applicable City rules, ordinances and regulations; • Parking of vehicles, other than those related to the use of the building on the subject property, is prohibited. Vehicles cannot be parked or stored overnight on the subject property. 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: SCHAEFER, CURRY, CONDON, PETERSON, WIMMER, SANTI Voting Nay: GLAB Abstaining: NONE Not Voting: NONE Absent: NONE <2*ts Mayor ATTEST: iry Clerk EXHIBIT A LOT 29 IN BOONE VALLEY PLAT NO. 5, BEING A SUBDIVISION OF SECTIONS 27 AND 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED AS DOCUMENT NO. 523244, IN MCHENRY COUNTY, ILLINOIS.