Loading...
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