HomeMy WebLinkAboutOrdinances - ORD-16-1780 - 03/07/2016 - ZONING MAP AMENDMENET 4104 W ELM STREETORDINANCE NO. 16-1780
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT FROM I-1
INDUSTRIAL TO C-5 HIGHWAY COMMERCIAL DISTRICT FOR THE PROPERTY
LOCATED AT 4104 W ELM 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 Sue Miller, Managing Broker
("Applicant") requesting a Zoning Map Amendment from I-1 Industrial to C-5 Highway
Commercial District for the property located at 4104 W Elm and legally described on Exhibit A
attached hereto and incorporated herein ("SUBJECT PROPERTY"); and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on February 17, 2016 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 Zoning Map Amendment; 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 Zoning Map
Amendment 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 zoning map amendment to
C-5 Highway Commercial District.
SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the
requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses and zoning of
property in the environs;
2. The requested zoning classification is supported by the trend of development in the
general area;
3. The requested zoning classification is consistent with the objectives of the City of
McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
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: CONDON, PETERSON, WIMMER, SCHAEFER, GLAB, SANTI
VOTING NAY: NONE
NOT VOTING: NONE
ABSTAIN: NONE
ABSENT: CURRY
f' Susan E. Low, Mayor
ATTEST:
Janice C. J n ,City Clerk
Exhibit A
LEGAL DESCRIPTION: THAT PART OF SECTIONS 26 AND 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD ,PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING. AT A POINT ON THE EAST LINE OF SAID SECTION 97, 853.50 FEET, MORE OR LESS;.
NORTH OF THE COMMON CORNER OF SECTIONS 26, 27, 34 AND 35, SAID POINT BEING THE NORTHWESTERLY CORNER OF OUTLOT 9
OF WEST MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859, IN BOOK 24 OF. DEEDS, PAGE 22; AND RUNNING
THENCE SOUTH SO -DEGREES 54 MINUTES EAST ALONG THE NORTHERLY LINE' OF SAID GUITLOT 9 AND ALONG SAID NORTHERLY LINE
EXTENDED, 87.20 FEET, MORE OR LESS, TO THE WESTERLY LINE OF THE RIGHT -OF --WAY OF THE CHICAGO AND NORTHWESTERN
RAILROAD COMPANY; THENCE NORTH 12 DEGREES 10 MINUTES 56 SECONDS WEST ALONG -SAID WESTERLY RIGHT--OF-WAY LINE OF
SAID RAILROAD, 46122 FEET; THENCE SOUTH 77 DEGREES 49 MINUTES 04 SECONDS WEST 96,40 FEET; THENCE SOUTH 12
DEGREES 10 MINUTES 56 SECONDS EAST PARALLEL WITH SAID WESTERLY RIGHT-CF-WAY LINE OF SAID RAILROAD, 242.62 FEET;
THEROAD THENCE SOUTHREES 23 74 DEGREES 17SMINUTES EAST, FEET,09.95 2.3 FEET, MORE MORE OR OR TO A LESS,P DNA POINT.ON £AST LINE OF SECTNION
27; THENCE NORTH ALONG SAID EAST LINE OF SECTION 27, 9.91 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING (EXCEPT THE
NORTHERLY 200 FEET, AS MEASURED ALONG THE EASTERLY AND WESTERLY LINES OF THE AFORESAID TRACT) AND (EXCEPT THAT
PART TAKEN FOR ROADWAY PURPOSES) IN MCHENRY COUNTY, ILLINOIS.