HomeMy WebLinkAboutOrdinances - ORD-17-1850 - 12/04/2017 - CUP FOR CONTRATORS OFFICE ONSITE STORAGE ETC 130ORDINANCE NO ORD-17-1850
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN EXPANDED
SITE PLAN REVIEW IN ACCORDANCE WITH THE DOWNTOWN OVERLAY
DISTRICT TO ALLOW A CONTRACTOR'S OFFICE WITH ON -SITE STORAGE AND
TWO PRINCIPAL USES ON ONE ZONING LOT AND ANY OTHER VARIANCES TO
ALLOW THE PROPERTY TO BE DEVELOPED IN SUBSTANTIAL CONFORMANCE
WITH THE PUBLIC HEARING APPLICATION, FOR THE PROPERTY LOCATED
AT 1306 N GREEN 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 Wayne Jett, 7016 Liam Lane,
McHenry, IL 60050 requesting a Conditional Use Permit for an expanded site plan review in
accordance with the downtown overlay district to allow a contractor's office with on -site storage
and two principal uses on one zoning lot and any other variances for the property to be
developed in substantial conformance with the public hearing application, for the property
located at 1306 N Green Street, 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 November 15, 2017 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 and is in conformance with
the purpose and intent, goals, and criteria for review in the Downtown Overlay District
Ordinance.
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 for an expanded site plan review in accordance with the downtown overlay district to
allow a contractor's office, with storage on -site and two principal uses on one zoning lot and any
other variances to allow the SUBJECT PROPERTY to be developed in substantial conformance
with the public hearing application subject to the following conditions:
• The applicant shall comply with the Downtown Design Guidelines utilizing and
enhancing original building elements on the exterior as well as parking area;
• In accordance with the Downtown Design Guidelines the use of box signs, exposed neon,
flashing and moving signs is prohibited;
• There shall be no loading/unloading on the public right-of-way.
SECTION 2: In granting approval the City Council finds that the proposal outlined herein
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 and is in substantial conformance with
the purpose and intent, goals, and criteria for review in the Downtown Overlay District outlined
in the Zoning Ordinance including.
• Conformance with the City of McHenry Downtown Plan.
• Conformance with the City of McHenry Downtown Design Guidelines.
• Harmony and compatibility of proposed uses with neighboring properties and
structures.
• Relationship of the proposed activity to the existing site characteristics, e.g.:
topography.
• Relationship of the proposed activity to existing vehicular and pedestrian
circulation.
• Adverse impacts on the health, safety and welfare of the general public.
• Harmony and compatibility of proposed materials and colors with neighboring
properties and structures.
• Inclusion of additional improvements intended to further the goals of the
Downtown Plan, e.g.: landscaping, decorative lighting, etc.
• Relationship to the McHenry Riverwalk (if applicable).
• Benefit associated with the development of the property, related to but not limited
to the following:
i. Economic benefits to the City.
ii. Elimination of blighted conditions.
iii. Enhancements to city tax base
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 bylaw.
APPROVED and ADOPTED this 4th day of DECEMBER 2017.
Voting Aye:
Voting Nay:
Abstaining:
Not Voting:
Absent:
SCHAEFER, SANTI, CONDON, DEVINE, MIHEVC, CURRY, ULAB
ONE
NONE
ONE
ONE
EXHIBIT A
LEGAL DESCRIPTION
LOTS 6 AND 7 IN BLOCK 21 IN THE ORIGINAL PLAT OF MCHENRY ON THE WEST
SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 IN BOOK
"B" OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS,
Commoinly known as 1306 Green St., McHenry, IL