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.