HomeMy WebLinkAboutOrdinances - ORD-18-1844 - 07/23/2018 - CUP/Variances BP 5301 Bull ValleyCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-18-1884
An Ordinance granting a Conditional Use Permit to allow an Automobile Fueling
Station and Variances for the property located at the Southwest Corner of Bull
Valley Road and Crystal Lake Road, 5301 Bull Valley Road (BP), in the City of
McHenry, McHenry County, Illinois
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
July 23, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 23rd day of July, 2018.
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
ORDINANCE NO 18- ) ,6'�1
AN ORDINANCE
GRANTING
A CONDITIONAL
USE PERMIT TO ALLOW
AN AUTOMOBILE
FUELING
STATION
AND VARIANCES FOR THE
PROPERTY LOCATED AT
THE SOUTHWEST
CORNER OF BULL VALLEY ROAD AND CRYSTAL LAKE ROAD, 5301 BULL VALLEY ROAD, 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 Graham Enterprise, Inc., 750 Bunker
Court, Suite 100, Vernon Hills, IL, 60061 requesting a Conditional Use Permit to allow an
automobile fueling station, a Variance to eliminate the front foundation plantings and a Variance
to exceed to the on -site lighting requirement for the property located at the southwest corner of
Bull Valley Road and Crystal Lake Road 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 June 13, 2018 in the manner prescribed by ordinance and statute, and as a result
A said hearing, the Planning and Zoning Commission did recommend to the City Council the
granting of the requested Conditional Use Permit and Variances; 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 and Variances 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 automobile fueling station subject to the following conditions:
• The project is developed in accordance with the Improvement Plans prepared by W-T
Engineering Group dated 5/18/18 and consisting of ten pages;
• Sidewalks shall be installed along Bull Valley Road and Crystal Lake Road along the entire
frontage of the property as discussed and negotiated.
11
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
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: That the Subject Property hereby granted the following Variances from the
Zoning Ordinance.
• Approval of a Variance from Chapter VIII. Landscaping and Screening Table 15 to
forgo the requirement for building plantings in the front.
• Approval of a Variance from Chapter III. General District Regulations (N) Lighting
Regulations to allow outdoor lighting in conformance with the photometric plan
submitted by WT Engineering.
12
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
SECTION 4: In granting said Variances the City Council finds that the requirements of
Table 32 of the Zoning Ordinance have been met in that:
1. Special circumstances existthat are peculiarto the propertyforwhich the variance
is sought and that do not aaDly generally to other Droperties in the same zoning
district. And these circumstances are not of so general or recurrent a nature as to
make it reasonably practical to provide a general regulation to cover them.
2. The special circumstances referenced herein relate only to the physical character
of the land or building(s) for which the variance is sought, such as dimension,
topography, or soil conditions. They do not concern any business or activity the
present or prospective owner or tenant carries on, or seeks to carry on, therein,
not to the personal, business, or financial circumstances of such owner or tenant
or any other party with interest in the property.
3. The special circumstances that are the basis for the variance have not resulted
from any act of the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a mere
inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and does
not confer a special privilege ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the applicant's
economic return, although it may have this effect, but because without the
variance the applicant will be deprived of any reasonable use or enjoyment of the
property.
7. The granting of a Variance will not alter the essential character of the locality nor
substantially impair environmental quality, property values, or public safety or
welfare in the vicinity.
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
8. The granting of a Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in
light of any changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
r�
PASSED THIS �� DAY OF
ABSTAINED:
ABSENT:
iravaTrav
��� Ivy ,2018
APPROVED THIS
MAY
CITY CLERK
2018
CLYI� laides�ofhgv-
cc0Ct4)A
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Exhibit A
Legal Description of the Subject Property
15
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
LOT 1 IN AMOCO M-1 RESUBDIVISION, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN AMOCO
M-1 SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THRIS PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 9511028590, ACCORDING TO
THE PLAT OF SAID AMOCO M-1 RESUBDIVISION RECORDED NOVEMBER 30, 2000 AS
DOCUMENT 2000110065740, IN MCHENRY COUNTY, IL.
PARCEL 2:
EASEMENT FOR THE BENEFIT OF LOT 1 FOR INGRESS AND EGRESS AND ACCESS TO BULL VALLEY
ROAD AS CREATED BY EASEMENT AGREEMENT RECORDED DECEMBER 13, 2000 AS DOCUMENT
2000110068143.
PERMANET INDEX NUMBERS: 14-04-401-003
COMMONLY KNOWN AS 5301 BULL VALLEY ROAD, MCHENRY, IL