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HomeMy WebLinkAboutOrdinances - ORD-16-1779 - 03/07/2016 - CUP ASSEMBLY USE - RIVERWOOD ELEMENTARY SCHOOLORDINANCE NO 16-1779 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION) ON THE PROPERTY LOCATED 300 S DRIFTWOOD TRAIL (RIVERWOOD ELEMENTARY SCHOOL) 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 as "SUBJECT PROPERTY;" and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 17, 2016, 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 (educational institution) with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated January 20, 2016 attached and incorporated 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 nor 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 7th day of March 2016. VOTING AYE: PETERSON, WIMMER, SCHAEFER, GLAB, SANTI VOTING NAY: NONE NOT VOTING: NONE ABSTAIN: CONDON ABSENT: CURRY Susan E. Low, Mayor ATTEST: C- Janice C. Jo ne City Clerk That {part 01 the Northwest t u4rter of Section 3 and part o,f the Northeast Quarter of Section 41 Township 44 North, Range 8 Sa„t of the Third Frincipat Meridian described at fottows: reginnirig at a -point bn t North Lute of said Section S , said point being the point of .,.tersection of said North Lime and the Westerly rigght of wy Line 'a! the Chicor,o and JNorthwectgrn Rattvny; thence South 28 Vergrees 89 minutes $4 seconds West, atone said Nesterty right o,f racy, 2227.98 lest, to a point to chains and 10 ttnks (666.60 feet •) North of 'the South tins of said Northwest Quarter of said Section'$, anti the point 0 begirding of the pnrcet herein described; thence South 89 degrees 42 mtnu'xes 10 seconds West along a tine paraUot to and 10 chains 10 tinhs North of the South line of said Northwest Quarter, 8$7,16 ,{eat, to•a point; themes .North 0 dogrses 17 minutes 50 seconds West, 300.0 ,fast, to the point of beginning of the parcel herein described: thence Scu.h 89 degrees 42 minutes 1© seconds West, 763.84 jest; thence South D degrees 17 Wnutes 10 seconds Rost, 120.0 ,feet; then,~& South 89 c.!,rgroes 42 minutes.l0 seconds West, $0.0 feet; thence North 0 ;dee'rees 1I minutes So seconds ie#j 12D.0 jest; thence Sout 89 degrees 42 minutes )D seconds West, 352.0 feet; thence North 47 degrees 25 - Minutes 61 seconds Vlest, )66,61 oat; thence Northeasterly aLong a curved lino, concave Northwasterfy and having a radius o,f $80-496 feet jcr an arc distance of 56.73 feet ( chord is North S8 degrees 16 nu mites 52 ss'conds East, 56,88 fast), to a point o tongency;thance t,'urth 54 degrees DO minutes S4 seconds East, 580.5� eats thence South 65 dagreaes 69 minutes 26 seconds Fast 120.0 ,fast; thence North 34 d grea3s' 00 minutes 34 seconds East, 160.0 feet; thenc$ South 46 degrees 02 minutes 21 seconds Past, 259,08 jest; thence South 47 degrees 12 mtnutes 29 seconds East, 159,65 ,feat; thence North 36 rl graves 50 minutes, .42 seconds East, IZ$,D ,feet; thence Southeasterly Gong a curved Ling, concave Northeasterty and having, a radius a� 645.525 Teets for an arc distance of 20,0 jest t chord is South 4 dz rets 02 mt.nutes $a seconds Bast, 20.0 joet ); thence South $5 eivi•ses 04 minutes 12 seconds West, 125,0 feet; thence South 62 dzrjr4ass 42 minutes 11 seconds least, 239.79 feast; thance South 2 degrees 35 minutes 90 seconds Post, $9.93 jest, thence South 17 dq,�rees 34 minutes 94 seconds East, 202.93 feel; thence North 89 degrees 4Z minutes •10 seconds East, 136.27 Yout1 thence Southerly along a curved Line concave Vesterty and having a radius of 800.0 feat, for an arc distance of 40.12 jest (chord is South 4 degrees07 mi-s.utes 42 seconds East, 40.09 feat) to the point oaf beginning, OLL in a►ilr,Nrnnry County, I l tinois. Containing 12.2709 cows, more or Less) '(he sbov,s dtacrtboa erooarty Hiii also be known asr Lot A in 13 t ook Four in Wi ndi alp mart of•tfia'Northuts+ Cuarter Quarter of Seso �lorf.A Townshin PrinainaL Meridian, according as Document No. ft Crack Unt+ Five, a eutdivinton of of Section R, and "ors flf ;+ha Northaas+ AA North, Banat R Eov+ of +ho Thi rR to the: "to+ 0areof t^ecordo in M01cnry , County..i t t no i a,. . EXHIBIT h V Eu#IX3/T -5 Im PROGRESS SET 0111512016 � € 1 r00