HomeMy WebLinkAboutOrdinances - ORD-03-1131 - 03/03/2003 - GRANT ZONING AND CUP ILLINOIS STATE BANK 1689 N DRORDINANCE NO. ORD-03-1131
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND A CONDITIONAL USE PERMIT
FOR A DRIVE-THRU FOR ILLINOIS STATE BANK AT 1689 N. DRAPER ROAD IN THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Cunat, Inc., Gordon H. Larsen, as Trustee
and Joan G. Larsen as Trustee, collectively (the "APPLICANT) requesting a Zoning Map Amendment to
C-2, Neighborhood Commercial District and a Conditional Use Permit for a drive-thru for a new banking
facility at 1689 N. Draper Road and 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 December 19, 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 Zoning Map Amendment and 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 Zoning Map Amendment
and Conditional Use Permit are 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 Zoning Map Amendment to C-2,
Neighborhood Commercial District and a Conditional Use Permit for a drive-thru for a new banking facility
subject. Said Conditional Use Permit shall be subject to the conditions that the SUBJECT PROPERTY
be designed in substantial conformance, subject to engineering approval, with the plans submitted
including: the geometric plan prepared by Direct Design Ltd. Architects, dated 217/03, the architectural
elevations prepared by Direct Design Ltd. Architects dated 8/29/02, bearing a latest revision date of
1117/O2 and the landscape plan prepared by Landscape Designers & Contractors dated 12/2/02
collectively, (the "SITE PLAN") and the APPLICANT shall work with City Staff to exceed the stormwater
detention requirements of the City if possible.
SECTION 2: 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 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.
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 3RD DAY OF MARCH , 2003
BOLGER. LOW. u ;1 1 uu '
NAYS: C, I AR
ABSTAINED:
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 3RD DAY OF MARCH 12003
M YOR
ATTEST:
CI ERK
2
Exhibit A
Legal Descriatfon of the SUBJECT PROPERTY
That art of L•ot 1 df Sherman HN industrld SubdWelen, belh9 a. subdUaon of pelt of the Northwest Ouarter of Section
28, part
45 Wafth,•t7ange S fast of The 7hfrd 7Prfncfpd &*Ion, according to the plat 4hwwf recorded Ady'!X 1961
-as Document Nor 380436, as amended by cartMoate of•COr ect/orr recorded August 141981 as Docurnwt•No. 390006, kt
NcHwry CountK 07c/s deathbed as fo0oss: Beg/nning at the ncrfheost comer of sold Lot 1, thence South 00 degrees 36
mkhutes 33 second West (bsanhgs assumed) along the east Erne of sold Lot 1, a distance of 328.92 fsetp thence South
89 do as 29 minutes 3 seconds West along the south Ikis of sold Lot 1, a distance of 351.72 feet; thence North 10
degrees 59 /n(utes 14 seconds East a distance of 12.Z00 fast; thence North 61 degrees 30 minutes 47 seconds Cost a
distance of 81.10 feet; thence North 16 degrees 54 minutes 31 seconds East a distance pf 28L21 feet, to a point of
krtereectlon with the north line of said Lot L thence easterly along a oars cancays northerly havthy a radlus of 3859.83
feet, an ora length of 21Q56 feat o chord beohrg of South 60 degrees 01 minutes 01 seconds East, and a chord distance
of =54 fleet, also being along the north Ilne of sold Lot 7, to the point of beginning. Containing 244 aces, more or
lass
.ESAW*7 •lhat•port -of sold Lot-1 desarlbed as followx •Bagkn r at ofwk•L•ot• i, thenoe•oN •on
oseumed beanhg .of South Oa degrees 37 minutes 29 seconds West along the east line of sold Lot 1, a o7stonoe of 5BJ9
feet; thence North 21 degrees 55 minutes 26 seconds West, a distance of 4144 feet to a point 20.00 feet ra&dAy distant
Southey of the northerly ffne of said Lot t, thence northwseterfy 202.27 feet on a curves to the right having a radlus of.
3879.8rlfeet qnd being 20.00 feet radlolly e7stant Southerly of and concentrla with the northerly Line of rald Lot 1, the
chord of sold curve boom North 60 degrees 00 minutes 39 seconds West 20225 feat to the westady /be of the wwtm
thence North 10idegrees A3 mlr►utes 09 seconds East along the westerly laces of the grontor, a distance of 20.67 feet to
the northerly lire of sold Lot 1; thence southeasterly 215058 feet along the northerly line of sold Lot 1 to a curve jo the
left hovkrg a ribdkrs of 4859.80 feet (.,859.83 feet recorded the chord of sold curve bears South 60 degrees 02 minutes
23.aeeoadr Eosf, a distance af.06 4 fee! to the point of agkink)g..Soldparcof tawicnlag.1107 aoael, =we or less