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Home My WebLink AboutOrdinances - ORD-18-1920 - 12/17/2018 - CUP to Allow a Tavern, Outdoor Seating with Alcohol and Smoking Area, Food Trucks and Outdoor EntertainmentCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1920 An Ordinance Granting A Conditional Use Permit to allow a Tavern, Outdoor Seating with Alcohol and Smoking Area, Food Trucks and Outdoor entertainment in the City Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 17, 2018 Published in pamphlet form by authority of the Mayor and City Comu:il of the City of McHenry, McHenry County, Illinois this 17th day of December, 20180 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- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN, OUTDOOR SEATING WITH ALCOHOL AND SMOKING AREA, FOOD TRUCKS AND OUTDOOR ENTERTAINMENT 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 by A.J. Shah L.L.C., 520 S Illinois Route 31, McHenry, IL 60050 ("Applicant"), requesting a Conditional Use Permit to allow a tavern, outdoor seating with alcohol and smoking area, food trucks and outdoor entertainment, specifically at 522 S Illinois Route 31. The property is 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 November 14, 2018 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 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 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, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow a tavern, outdoor seating with alcohol and smoking area, food trucks and outdoor entertainment on the subject property in substantial conformance with the site plan prepared by Gillespie Design Group dated 10/16/18, subject to the following conditions: • Applicant must comply withal] regulations of the McHenry County Health Department; • A decorative -style fencing or enclosure shall be utilized to enclose the proposed outdoor patio; 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 • A continuous hedgeIF b screening strip shall be maintained along the south and west parking areas to screen the headlights from Charles Miller Road and Illinois Route 31 respectively; • The location of all food trucks shall be approved by City staff. 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. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF,2018 NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF r CITY CLERK 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 . 2018 MA OR 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 AYES:-(lah H Aawbn.lgry R0(ef6Y(K tJPDiYI� i ld2rMlnxl SCtAtii (c(QfMan/ Cc)(/ Toiaewe V- NAYS: M'j h?✓(t, ABSTAINED: ABSENT: NOT VOTING: Ui APPROVED THIS /` "\ DAY OF Gk bp 12018 MAYOR CITY CLERK 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 €aa Poe'g ggg H o�racro+nn'urs IC 3llYE1IWOS 22S Na3ftv s7wvS I If71d 311S 03SOd0lld p L E 3 1 n 0 a S n @ge3 Wi0.34DV1�'/hY3L�A p� 8�ee IE31fn�Hlfb%2is 0 C� 6sm= rwdl .aae .- MWlO o3SOdOFId u I �an�