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HomeMy WebLinkAboutOrdinances - ORD-19-1983 - 09/03/2019 - Zoning Map Amendment - 4727 W Crystal Lake Road CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1983 An Ordinance Granting a Zoning Map Amendment to A-1 Agriculture, a Conditional Use Permit to Allow Agritourism and a Landscape Business with Outdoor Storage at 4727 W Crystal Lake 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 September 3,2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4' day of September,2019. ORDINANCE NO ORD-19-1983 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO A-1 AGRICULTURE, A CONDITIONAL USE PERMIT TO ALLOW AGRITOURISM AND A LANDSCAPE BUSINESS WITH OUTDOOR STORAGE AT 4727 W CRYSTAL LAKE 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 Dennis L. and Theresa M. Harms. requesting a Zoning Map Amendment to A-1 Agriculture, a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage to allow for the property located at 4727 W 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 August 21, 2019 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 Zoning Map Amendment and 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 Zoning Map Amendment and 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. 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 Zoning Map Amendment to A-1 Agriculture. 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: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage subject to the condition the applicant enter into an annexation agreement with the City. 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. 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: 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. Passed this 3`d day of September, 2019. Ayes Nays Absent Abstain Alderwoman Baehne X Alderman Devine x Alderman Glab X Alderman Mihevc k Alderwoman Miller k Alderman Santi k Alderman Schaefer ,,A ,k1 - ´┐Żblk Wa e et M or Tris a amel, City Clerk Exhibit A Legal Description of the Subject Property Lots 25, 26, 27 and 28 in Kelter Estate Subdivision, Unit No. 1 being a Subdivision of part of Section 34 Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 14, 1949 as Document No. 218953, In Book 10 of Plats, page 112, in McHenry County, Illinois.