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HomeMy WebLinkAboutOrdinances - ORD-02-1107 - 11/04/2002 - GRANT CUP WENDYS INTL NEW FACILITY 2433 N RICHMONDW t.A_1 ORDINANCE NO. ORD-02-1107 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU FOR WENDY'S INTERNATIONAL, INC. AT 2433 N. RICHMOND ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Wendy's International, Inc. requesting a Conditional Use Permit for a drive-thru restaurant at 2433 N. Richmond Road, Lot 5, in the Meijer/Home Depot Subdivision, 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 October 3, 2002, 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 recommendation 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, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY be granted a Conditional Use Permit for a drive-thru restaurant subject to the conditions that the SUBJECT PROPERTY be striped with directional arrows to distribute and maintain free flowing traffic movements around the site in a safe and efficient manner and be designed in substantial conformance, subject to engineering approval, with the plans submitted by Compass Consulting Group, Ltd. including: the Geometric Plan dated 8/30/02, the Landscape Plan dated 8/15/02, the Photometric Plan dated 8/27/02, the Truck Plan dated 8/30/02 and the Site Details and Exterior Elevations prepared by Wallin Gomez Architects, Ltd., collectively, (the "SITE PLAN"). 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; and 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 by law. PASSED THIS 4TH DAY OF NOVEMBER , 2002 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER NAYS: NONE ABSTAINED: NONE NONE ABSENT: NOT VOTING: NnNF 4TH APPROVED THIS DAY OF ATTEST: CI C R KK NOVEMBER . 2002 2 Exhibit A Legal Description of the SUBJECT PROPERTY Parcel 1 Lot 5 (except the South 25.76 feel) is Mei*/Homs Depot Subdivision. being o Subdivision of part of Lot 3 of the County Clerk's Plot of the Southwest Quarter. ALSO, part of the West Half of the Southwest Quarter of Section 23, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plot thereof recorded December B. 20DO os Document No. 200110067575, and as amended by Certificate of Correction recorded December 20, 20DI an Document No. 20MR0097656 to McHenry County, Illinois. Parcel 2 Easement for the benefit of Parcel I as created by Declaration of Restriethe Covenants recorded December 4 2000 as Document No. 2000RD067587.