HomeMy WebLinkAboutOrdinances - ORD-00-991 - 09/20/2000 - GRANT CUP DRIVE THRU PHARMACY MEIHERORDINANCE NO.ORD-00-991
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU
PHARMACY AND AN OUTDOOR GARDEN CENTER FOR MEIJER IN THE
MEIJER/HOME DEPOT SUBDIVISION, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Rubloff Development Group
requesting a conditional use permit for a drive-thru pharmacy and an outdoor garden
center for Meijer on Lot 1 of the proposed Meijer/Home Depot Subdivision; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on July 17, 2000, in the manner prescribed by ordinance and statute, and as
a result of said hearing, the Zoning Board of Appeals did recommend to the City Council
the granting of the requested 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
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 known as Lot 1 of the proposed
Meijer/Home Depot Subdivision, and legally described below, is hereby granted a
conditional use permit for a drive-thru pharmacy and an outdoor garden center for
Meijer.
LEGAL DESCRIPTION:
A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23,
Township 45 North, Range 8 East, of the Third Principal Meridian, according to
the plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats,
Page 34, in McHenry County, Illinois, described as follows: Beginning at the
Southeast corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds
West 1280.67 feet along the South Line of East '/Z of the Southwest % of Section
23, Township 43 North, Range 8 East of the Third Principal Meridian; thence
North 00 degrees 18 minutes, 34 seconds East 330.00 feet; thence South 88
degrees 49 minutes 06 seconds West 49.50 feet to a point on the West Line of
the East '/Z of the Southwest % of said Section 23; thence North 00 degrees 18
minutes 34 seconds East 1028.52 feet along said West Line; thence North 89
degrees 58 minutes 30 seconds East 964.84 feet; thence South 120.15 feet;
thence East 251.66 feet; thence South 5 degrees 58 minutes 17 seconds East
80.44 feet; thence West 247.27 feet; thence South 485.59 feet; thence South 26
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degrees 21 minutes East 100.35 feet; thence North 63 degrees 39 minutes East
93.35 feet to a point of curvature; thence Easterly along the arc of a curve to the
right 129.08 feet, with a radius of 280.67 feet and whose long chord bears North
76 degrees 49 minutes 30 seconds East 127.94 feet, to a point of tangency;
thence East 50.08 feet to a point on the westerly right of way line of State Route
31; thence South 8 degrees 37 minutes 41 seconds East 25.63 feet along said
westerly right of way line; thence North 89 degrees 38 minutes 30 seconds East
38.01 feet to a point on the West Line of said Lot 3; thence South 0 degrees 1
minute 30 seconds East 601.11 feet along said West Line to the point of
beginning. Containing 35.23 acres of land, more or less.
EXCEPTING THEREFROM part of Lot 3 of the County Clerk's Plat of the
Southwest Quarter of Section 23, Township 45 North, Range 8 East of the 3`d
Principal Meridian, according to the plat thereof recorded May 5, 1902 as
Document Number 14082 in Book 2 of Plats, Page 34 in McHenry County,
Illinois, bounded and described as follows, to -wit: Commencing at the Southeast
corner of said Lot 3; thence South 88 degrees 49 minutes 06 seconds West,
37.28 feet to the Westerly right-of-way line of Route 31; thence North 00 degrees
05 minutes 41 seconds West, along said Westerly right-of-way line, 190.30 feet
to the point of beginning of this description; thence South 89 degrees 58 minutes
30 seconds West, 298.39 feet; thence North 29 degrees 39 minutes 33 seconds
West, 175.97 feet; thence Northeasterly along a circular curve to the right, said
curve having a radius of 50.00 feet and a central angle of 80 degrees 59 minutes
39 seconds (the chord of which bears North 10 degrees 50 minutes 16 seconds
East, 64.94 feet); thence Northeasterly along a circular curve to the right, said
curve having a radius of 155.00 feet and a central angle of 12 degrees 12
minutes 32 seconds (the chord of which bears North 57 degrees 26 minutes 22
seconds East, 32.97 feet); thence North 63 degrees 32 minutes 37 seconds
East, 28.82 feet; thence North 68 degrees 39 minutes 42 seconds East, 125.92
feet; thence North 63 degrees 39 minutes 00 seconds East 54.27 feet; thence
Northeasterly along a circular curve to the right, said curve having a radius of
190.00 feet and a central angle of 31 degrees 49 minutes 58 seconds (the chord
of which bears North 79 degrees 33 minutes 59 seconds East, 104.21 feet);
thence Southeasterly along a circular curve to the right, said curve having a
radius of 50.00 feet and a central angle of 62 degrees 24 minutes 46 seconds
(the chord of which bears South 53 degrees 18 minutes 39 seconds East, 51.81
feet); thence Southeasterly along a circular curve to the right, said curve having
a radius of 190.00 feet and a central angle of 09 degrees 20 minutes 15 seconds
(the chord of which bears South 17 degrees 26 minutes 08 seconds East, 30.93
feet) to the Westerly right-of-way line of Route 31; thence South 00 degrees 05
minutes 41 seconds East, 275.46 feet to the point of beginning. Containing
2.421 acres, more or less.
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SECTION 2: That the approval of the conditional use permit as provided in this
ordinance is granted subject to the following conditions:
1. That the property shall be developed in substantial conformance with the
latest drawings submitted for zoning approval, which include the exterior
building elevations prepared by Selser Schaffer Architects, submitted
September 1, 2000, the landscape plan prepared by Woolpert LLP, dated
September 2, 2000, and the landscape plan prepared by Missman, Stanley
and Associates, dated 8/28/00.
2. The proposed private access road from McCullom Lake Road to Illinois
Route 31, which serves the development, shall be constructed to meet or
exceed City standards.
3. Meijer shall maintain signage and store policies prohibiting semi -trailer
trucks from using the McCullom Lake Road access to the Meijer/Home
Depot Subdivision.
SECTION 3: 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:
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
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6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
SECTION 4: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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
AYS:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
20TH DAY OF SEPTEMBER , 2000
BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NONE.
NONE,
NONE.
APPROVED THIS 20TH DAY OF SEPTEMBER , 2000
ATTEST:
r
AYOR
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