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Home My WebLink AboutOrdinances - ORD-13-1624 - 04/01/2013 - ZONING MAP AMENDMENT FROM I-1 TO C-5 HIGHWAY COMMEDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1624 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT FROM 1-1 INDUSTRIAL TO C-5 HIGHWAY COMMERCIAL DISTRICT AND CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT, MOTOR VEHICLE AND TRAILER REPAIR AND OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 3003 W ILLINOIS ROUTE 120, 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 Chris Myers requesting a Zoning Map Amendment from 1-1 Industrial to C-5 Highway Commercial District and Conditional Use Permit to allow an open sales lot, motor vehicle and trailer repair and outdoor storage for the property located at 3003 W Illinois Route 120 and legally described on 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 March 14, 2013 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 PROPERTY is hereby granted a zoning map amendment to C-5 Highway Commercial District. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cl.mchenry.il.us SECTION 21 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 PROPERTY is hereby granted a conditional use permit to allow motor vehicle repair and outdoor storage subject to the following conditions: 1. Outdoor storage of leaking vehicles is prohibited; 2. Outdoor storage area is limited to the south of the existing building and storage area must be secured, including some type of security control/device during non -business hours or at least minimal security lighting; 3. Outdoor storage area shall not be accessible to the general public with the exception of parking vehicles for storage; 4. Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited; 5. All repair work shall be conducted within the building; 6. Vehicles for sale should be contained in the same area, not impede access or circulation and cannot occupy required customer or employee parking spaces. 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cl.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: 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center PASSED THIS IST DAY OF APRIL, 2013. AYES: Santi, Glab, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: Schaefer NOTVOTING: None APPROVED THIS IST DAY OF APRIL, 2013. MAYOR ATTEST: — �hloku'L P- , ��C)ZL� CIT�CLER 0 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us EXHIBIT A Legal Description of Subject Property DOC 97RO17260, 96RO33131 & 96R033130 LTS 8 THRU 12 INCL & NW 69.78FT AS MEAS ALONG THE N LINE LT 13 /EX RD/ CHICAGO ROAD SUB DOC 97RO17260, 96RO33131 & 96RO33130 N 100FT E 1101T LT 42 SUNNYSIDE SUB 8L Fr LT I & ALL LTS 2 & 3 BLK 9 & PT VAC NORTH AVE VACATED PER DOC 356419 /EX DOC 2012P0005088/ EDGEWATER SUB