HomeMy WebLinkAboutOrdinances - ORD-02-1117 - 09/30/2002 - GRANT CUP MCHENRY PLAZA HARRIS TRUST DRIVE UPORDINANCE NO. ORD-02-1117
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
A DRIVE-THRU BANKING FACILITY AT THE MCHENRY PLAZA SHOPPING
CENTER IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Harris Trust and Savings
Bank Corporate Real Estate Department, requesting a Conditional Use Permit to allow
a drive-thru banking facility at the McHenry Plaza Shopping Center, located two
hundred forty feet (240') north of Harris Bank, located at 1712 Richmond Road and
legally described on attached Exhibit "A", (the "SUBJECT PROPERTY"), and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on July 11, 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 PROPERTY, be granted a Conditional Use
Permit for a drive-thru banking facility.
SECTION 2: That the approval of the Conditional Use Permit as provided in this
ordinance is granted subject to the conditions that the property shall be developed in
substantial conformance with the site layout, landscaping plan, signage and
architectural elevations, collectively (the "SITE PLAN"), prepared by Hellmuth, Obata +
Kassabaum, Inc. dated 8/19/02, including the amended landscape plan, with a latest
revision date of 9/9/02, attached hereto and incorporated herein by reference as Exhibit
"B", and the following:
1) Harris Bank shall lease the vacant space directly to the east of its present
location and expand its present location, subject to lease terms acceptable to
both Harris Bank and its Landlord.
2) If the Harris Bank is abandoned for more than ninety (90) days or in the
alternative if the drive-thru facility is abandoned for more than ninety (90)
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consecutive days, except during the period of any remodeling, closings by
order of any constituted authority, or during the period of any strikes, lockouts,
emergencies or other causes beyond Lessee's control, the drive-thru facility
shall be completely removed by Harris Bank and the SUBJCET PROPERTY
shall be fully restored by Harris Bank to its original condition, prior to the
construction of the drive-thru facility, within six (6) months.
3) Directional arrows shall be provided, at Harris Bank's expense, indicating
traffic flow patterns in and around the drive-thru facility.
4) Harris Bank shall work the City of McHenry Police Department in providing a
video surveillance security system and fulfilling any other requirements of the
City of McHenry Police Department.
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:
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 4: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
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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 30TH DAY OF SEPTEMBER , 2002
AYES: BOLGER, LOW, MURGATROYD, WIMMER
NAYS: G LAB
NONE
URT-�.' 9
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 30TH DAY OF SEPTEMBER , 2002
ATTEST:
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EXHIBIT "A"
PARCEL ONE: LOT ONE (EXCEPT THE EAST 196.86 FEET AS MEASURED ALONG THE NORTH
LINE THEREOF) IN MCCULLOM PLACE Ilt A RESUBDIVISION OF MCCULLOM PLACE, A SUBDIVISION
OF PART OF THE NdRTNEASTOUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST
.._... ' OF.THE THIRD PRINCIPAL MERIDIAN, AND ALSO A PART OF THE. SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 26, ACCORDING TO THE PUTT THEREOF, RECORDED
MAY 3,1995 AS DOCUMENT 96R0225M, IN MCHENRY COUNTY, ILLINOIS.
PARCEL TWO: LOT 2 IN MCCULLOM PLACE 11, A RESUBDIVISION OF MCCULLOM PLACE, A
SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH,,,
Fil1lyGE 6 EAST QF. ET Uhb PHWCIP MERIDIAN, AND AL$OA PARt OF THE SOUTHWEST
QUARTER OF THE NORiNEAY QUARTER DF SAID SECTION 26, ACCORDING TO THE PLAT
THEREOF RECORDED -MAY 3;1996, AS DOCUMENT 98R022582, IN MCHENRY COUNTY, II.LINOIS,
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