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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