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Home My WebLink AboutOrdinances - 22-1 - 01/03/2022 - Zoning, Variations, CUP at 2600 IL State Route 120CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 22-1 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, ZONING VARIATIONS, AND A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE, OPEN SALES LOT, AUTOMOBILE SERVICE AND REPAIR, AND TRAILER SERVICE AND REPAIR FACILITY AT 2600 IL STATE ROUTE 120 Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois January 3, 2022 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th day of January, 2022. ORDINANCE NO 22-1 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, ZONING VARIATIONS, AND A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE, OPEN SALES LOT, AUTOMOBILE SERVICE AND REPAIR, AND TRAILER SERVICE AND REPAIR FACILITY AT 2600 IL STATE ROUTE 120. 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 United Community Bank Trust #49-4210151 of 120 S. Chatham Road, Springfield, IL (“Contract Purchaser”), on behalf of North Shore Venture Capital LLC. of PO Box 363, McHenry, IL 60051 (“Property Owner”) requesting a Zoning Map Amendment to the C-5 Highway Commercial District for lots 15-17 and part of lot 14 of Adams Commercial Centre Subdivision (09-25-377-015, 09-25-327-001, 09-25-405-037, 09-25-327- 002, 09-25-405-038); A Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service and Repair Facility; and Zoning Variations to §11-13-2 – Types of Landscaping and Screening Required, §11- 9-7 Table 1 Commercial District Requirements for Minimum Interior Side Yard Setback, and Rear Yard Depth, and any other zoning variations necessary to accommodate the proposed development for the property legally described in “Exhibit A”, attached hereto and incorporated herein; “SUBJECT PROPERTY”; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on December 15, 2021 in the manner prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Variations, 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 Conditional Use Permit, Zoning Map Amendment, and Zoning Variations are 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 from the BP Business Park District to the C-5 Highway Commercial District on lots 15-17 and part of lot 14 of Adams Commercial Centre. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the Zoning Map Amendment Approval Criteria listed in §11-5-5 in the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service and Repair Facility subject to the following conditions: 1. The property owner shall maintain the existing landscaping and screening on site. 2. The property owner shall be responsible for replacing any landscaped screening on site that is damaged or destroyed. 3. The property owner shall provide the city with a tree survey of the site within 6 months of approval by City Council. 4. The outdoor storage and display areas shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator. 5. In the event the school district removes the existing trees along the north property line, the property owner shall be required to install landscaping and screening in compliance with §11-13-2, Table 2 – Residential Screen Strip Design Standards. 6. The property owner shall be responsible for replacing any existing privacy fencing onsite that is damaged or destroyed. 7. The development shall be in substantial conformance with the submitted plans “EXHIBIT B”. 8. All other federal, state, and local laws shall be met. SECTION 4: In granting said Conditional Use Permit, the City Council find that the Approval Criteria for Conditional Use Permits listed in §11-15-5 in the City of McHenry Zoning Ordinance have been met. SECTION 5: That the SUBJECT PROPERTY is hereby granted approval of the following Zoning Variations: 1. Zoning Variation to allow an interior side yard setback of approximately 24 feet in lieu of the required 25 feet for the easternmost metal storage building. 2. Zoning Variation to allow relief from §11-13-2 Table 2 – Residential Screen Strip Design Standards subject to the condition that screening shall be installed as depicted in the submitted site plan and conditions of approval listed under the Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service and Repair. 3. Zoning Variation from Outdoor Storage regulations to allow a gravel storage area. 4. Any other Zoning Variations necessary to accommodate the proposed development. SECTION 6: In granting said Variations, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 have been met. 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 3rd day of January, 2022. Ayes Nays Absent Abstain Alderman Devine __X__ _____ _____ _____ Alderman Glab __X__ _____ _____ _____ Alderman Harding __X__ _____ _____ _____ Alderman Strach __X__ _____ _____ _____ Alderwoman Miller __X__ _____ _____ _____ Alderman Santi __X__ _____ _____ _____ Alderman McClatchey __X__ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk EXHIBIT A Legal Description LOT 14 (EXCEPTING THEREFROM THE SOUTH 96.74 FEET THEREOF) AND LOTS 15 THROUGH 20 IN ADAMS COMMERCIAL CENTRE, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 25 AND PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 8, 1999 AS DOCUMENT NUMBER 1999R0083506. ALSO, PART OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SAID SECTION 25 AND PART OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF SAID SECTION 36, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20 IN ADAMS COMMERCIAL CENTRE; THENCE SOUTH 00 DEGREES 19 MINUTES 40 SECONDS WEST ALONG THE EAST LINE OF THE WEST 238.92 FEET OF SAID SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SAID SECTION 36, A DISTANCE OF 800.04 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 120; THENCE SOUTH 89 DEGREES 29 MINUTES 30 SECONDS WEST ALONG SAID CENTERLINE, 500.05 FEET TO THE EAST RIGHT-OF-WAY LINE OF ADAMS DRIVE EXTENDED SOUTHERLY; THENCE NORTH 00 DEGREES 19 MINUTES 40 SECONDS EAST ALONG SAID EAST RIGHT-OF-WAY LINE, 807.33 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20 IN ADAMS COMMERCIAL CENTRE; THENCE SOUTH 89 DEGREES 40 MINUTES 20 SECONDS EAST ALONG THE SOUTH LINE THEREOF, 500.00 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. EXHIBIT B • SITE AND LANDSCAPE PLAN DATED 11/17/21