HomeMy WebLinkAboutOrdinances - ORD-01-1025 - 08/13/2001 - GRANT ZONING AND CUP AMERICAN COMMUNITY BANK TONYAORDINANCE NO. ORD-01-1025
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT
TO 0-2 OFFICE PARK DISTRICT AND A CONDITIONAL USE PERMIT FOR
A DRIVE-THRU BANK AT THE SOUTHEAST CORNER OF
ROUTE 31 AND ALBANY STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by American Community Bank
and Trust Co., requesting a Zoning Map Amendment to 0-2 Office Park District and a
Conditional Use Permit to allow a drive-thru for a new banking facility at the southeast
corner of Illinois Route 31 and Albany Street; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on July 23, 2001, 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 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 the southeast corner of
Illinois Route 31 and Albany Street, and legally described below, be granted a zoning
map amendment to 0-2 Office Park District, and a conditional use permit for a drive-thru
banking facility.
LEGAL DESCRPTION
LOT 37 IN TONYAN'S INDUSTRIAL PARK UNIT THREE, BEING A
SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 10,
AND PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 11, ALL IN TOWHSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
MARCH 21, 1984 AS DOCUMENT NO. 877524, IN MCHENRY COUNTY,
ILLINOIS.
1
SECTION 2: That the approval of the conditional use permit as provided in this
ordinance is granted subject to the condition that the property shall be developed in
substantial conformance with the latest site plan submitted for zoning approval,
prepared by Smith Engineering Consultants, dated 4/20/01, attached hereto and
incorporated herein by reference as Exhibit A, and the following
1) The recording of a 30-foot wide easement along the east property line for
public utilities and access to the subject property and the property to the
south; and
2) Installation of landscaping in substantial conformance with the landscaping
plan prepared by Pugsley and LaHaie, Ltd., dated 5/08/01.
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:
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 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
2
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.
PASSED THIS 13TH
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
DAY OF AUGUST 2001
BOLGER, GLAB, LOW, MURGATROYD, WIMMER.
NONE.
NONE.
NONE
NONE
13Tx DAY OF
C _
CIT LERK
AUGUST ,2001
3
EXHIBIT A
Site Plan prepared by Smith Engineering Consultants, dated 4/20101.
EXHIBIT B
Landscape Plan prepared by Pugsley and LaHaie, Ltd., dated 5/08101