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HomeMy WebLinkAboutOrdinances - ORD-00-950 - 02/02/2000 - GRANT ZONING AND CUP 305 N FRONT PERSINOORDINANCE NO. nun_nn_gsn AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT TO PROPERTY LOCATED AT 305 N. FRONT STREET, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City Clerk by Madeline Persino, Owner, and Thomas M. Grieco, Contract Purchaser, requesting a Zoning Map Amendment to C-5, Highway Commercial, and Conditional Use Permit for a drive-thru restaurant facility at 305 N. Front Street; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on January 3, 2000, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Zoning Board of Appeals 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 recommendation from the Zoning Board of Appeals 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 property commonly know as 305 N. Front Street, and legally described below, be granted a Zoning Map Amendment to C-5, Highway Commercial, and a Conditional Use Permit for a drive-thru restaurant facility. LEGAL DESCRIPTION: The North 195.50 feet (as measured on the East line thereof) of that part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, lying West of the Westerly line of Illinois State Highway No. 31, in McHenry County, Illinois. SECTION 2: That the approval of the Conditional Use Permit as provided in this ordinance is granted subject to the following conditions: 1. The property shall be developed in substantial conformance with the site plan prepared by Smith Engineering Consultants, Inc., dated 1/24/00, and the building elevations prepared by Miniscalco Architects, Ltd., dated 9/27/99, filed with City for zoning approval. 1 2. The permitted ground sign for the subject property shall have a monument type design, and shall be a maximum of eight feet in height. 3. The existing trees on the subject property may be removed, subject to compliance with the City's tree preservation ordinances. SECTION 3: 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: 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 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; E 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 2ND DAY OF FEBRUARY , 2000 AYS: ' NAYS: ABSTAINED: ABSENT: NOT VOTING: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NONE. NONE, NONE. NONE. APPROVED THIS 2ND DAY OF FEBRUARY , 2000 ATTEST: I I .+ 4' =A-�A(Mel 11 Vaal 3