HomeMy WebLinkAboutOrdinances - ORD-18-1883 - 07/26/2018 - CUP/ZMap/Variances SpeedwayCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-18-1883
An Ordinance granting a Zoning Map Amendment to C-2 Neighborhood
Commercial, a Conditional Use Permit to allow an Automobile Fueling Station and
Variances for the Property located at the Northwest Corner of Illinois Route 120
and Ringwood Road 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-I �� 5
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-2 NEIGHBORHOOD
COMMERCIAL, A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE FUELING STATION
AND VARIANCES FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF ILLINOIS
ROUTE 120 AND RINGWOOD 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 Speedway, LLC, 539 S Main Street,
Findlay, OH 45840 requesting a Zoning Map Amendment to C-2 Neighborhood Commercial, a
Conditional Use Permit to allow an automobile fueling station, a Variance to allow twenty-five
(25) parking stalls in the front of the convenience store without a parking lot landscape island,
Variance to allow no landscaping around the building foundation and a Variance for a larger
driveway width along Ringwood Road for the truck exit for the property located at the northwest
corner of Ringwood Road and Illinois Route 120 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 April 11, 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 Zoning Map Amendment, 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 Zoning Map
Amendment, 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 Zoning Map Amendment to
C-2 Neighborhood Commercial.
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:
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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
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: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to
aHow an automobile fueling station subject to the following conditions:
• The project is developed in accordance with the Improvement Plans prepared by W-T
dated 1/25/18 with a latest revision date of 2/16/18 and consisting of two pages,
Landscape Plans prepared by Corporate Design + Development Group, LLC. dated 3/16/18
consisting of three pages attached hereto and incorporated herein as Exhibit B ("Site
Plan");
• Sidewalks shall be installed along Illinois Route 120 and Ringwood Road along the entire
frontage of the property;
• The existing barn, garage and gravel driveway shall be razed when the site work
commences;
• The applicant shall enter into an annexation agreement with the City of McHenry, at
which time the existing on site signs and billboard will be addressed as well as area the
City is looking for to site a future booster pump, along the west side of the property;
• There will be no overnight parking of commercial trucks nor any truck stop amenities such
as showers or a laundry facility;
• As much of the natural vegetation as practicable be maintained along the northern
property line and western lines as practical.
SECTION 4: 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.
30
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
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 5:
Zoning Ordinance.
That the Subject Property hereby granted the following Variances from the
• Variance from VIII Landscaping &Screening B.3 to forgo the requirement
of a landscaped island in the interior of an off-street parking area to be
provided every fifteen (15) parking spaces.
• Variance from VIII. Landscaping &Screening Table 15 to forgo the
requirement for landscaping around the building foundation;
• Variance from VII. Off -Street Parking &Loading Table 10: Parking and
Loading Dimensions: Driveway Width (d) to allow the maximum driveway
width to exceed thirty-six (36) feet.
K��
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 6: 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 exist that are peculiarto the property for which the variance
is sought and that do not apply generally to other properties 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.
32
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 7: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 8: 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 9: 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 THIS DAY OF 12018
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ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS3 r DAY OF 2018
ST:
CITY CLERK
33
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
THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 45 NORTH,
RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION, WHICH IS 907.5 FEET SOUTH
OF THE NORTHEAST CORNER OF SAID NORTHWEST 1/4, AND RUNNING THENCE WEST AT RIGHT
ANGLES WITH THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 452 FEET; THENCE
SOUTH PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 626.88 FEET TO
A POINT ON THE NORTHEASTERLY LINE OF THE STATE HIGHWAY KNOWN AS RT. NO. 120; THENCE
IN A SOUTHEASTERLY DIRECTION ALONG THE NORTHEASTERLY LINE OF SAID HIGHWAY FOR A
DISTANCE OF 531.3 FEET TO THE EASTERLY LINE OF SAID NORTHWEST 1/4; THENCE NORTH
ALONG SAID EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 904.95 FEET TO THE POINT OF
BEGINNING (EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT
OF INTERSECTION OF THE EAST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 28 WITH
THE NORTHERLY LINE OF FA ROUTE 21(ILLINOIS ROUTE 120), SAID NORTHERLY LINE OF FA ROUTE
21 BEING A LINE DRAWN CONCENTRIC WITH AND 30.0 FEET RADIALLY DISTANT NORTHEASTERLY
OF THE CENTERLINE OF FA ROUTE 21; THENCE NORTHWESTERLY ALONG THE LAST DESCRIBED
NORTHERLY LINE OF FA ROUTE 21 FOR AN ARC LENGTH OF 531.3 FEET TO THE POINT OF
INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE SAID EAST LINE OF THE NORTHWEST
QUARTER OF SECTION 28; THENCE NORTHERLY ALONG THE LAST DESCRIBED PARALLEL LINE FOR
A DISTANCE OF 37.00 FEET TO A POINT ON A LINE DRAWN CONCENTRIC WITH AND 60.0 FEET
RADIALLY DISTANT NORTHEASTERLY OF THE CENTERLINE OF FA ROUTE 21; THENCE
SOUTHEASTERLY ALONG THE LAST DESCRIBED CONCENTRIC LINE FOR AN ARC LENGTH OF 532.32
FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 28; THENCE
SOUTHERLY ALONG THE LAST DESCRIBED EAST LINE FOR A DISTANCE OF 33.96 FEET TO THE
POINT OF BEGINNING), ALSO EXCEPTING THAT PART OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 28, THENCE ON AN
ASSUMED BEARING OF SOUTH 0 DEGREES 37 MINUTES 29 SECONDS WESTALONG THE EAST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 28, AS STAKED AND OCCUPIED, A DISTANCE OF
907.80 FEET (907.5 FEET, RECORDED) TO THE NORTHEAST CORNER OF THE GRANTOR; THENCE
CONTINUING SOUTH 0 DEGREES 37 MINUTES 29 SECONDS WEST ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID 2
34
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 28 AS STAKED AND OCCUPIED, A DISTANCE OF 814.79 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 37 MINUTES 29 SECONDS WEST ALONG
THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28, AS STAKED AND OCCUPIED,
A DISTANCE OF 55.39 FEET TO THE NORTHEAST CORNER OF FINAL JUDGEMENT ORDER NUMBER
72-2779 FILED NOVEMBER 6, 1973 BEING ALSO THE EASTERLY EXTENSION OF THE NORTHERLY
RIGHT OF WAY LINE OF ILLINOIS ROUTE 120; THENCE NORTHWESTERLY 73.38 FEET ALONG THE
SAID EASTERLY EXTENSION OF THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120 AND
ALONG THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120 ON A CURVE TO THE RIGHT,
HAVING A RADIUS 3759.80 FEET, THE CHORD OF SAID CURVE BEARS NORTH 60 DEGREES 58
MINUTES 05 SECONDS WEST, 73.38 FEET; THENCE NORTH 59 DEGREES 57 MINUTES 29 SECONDS
EAST, A DISTANCE OF 40.16 FEET TO A POINT 30.00 FEET NORMALLY DISTANT WEST OF THE EAST
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28, AS STAKED AND OCCUPIED, BEING
ALSO THE WEST RIGHT OF WAY LINE OF RINGWOOD ROAD; THENCE SOUTH 89 DEGREES 22
MINUTES 31 SECONDS EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, ALL IN
MCHENRY COUNTY, ILLINOIS.
PIN (Property Identification Number) of subject property: 09-28-126-028
35
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 B
Site Plan
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PAVEMENT SEC110.45 � 3
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