HomeMy WebLinkAboutOrdinances - ORD-03-1169 - 09/03/2003 - GRANT CUP BANK OF AMERICA 2400 N RICHMOND RDORDINANCE NO. ORD-03-1169
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU
FACILITY FOR BANK OF AMERICA FOR THE PROPERTY LOCATED AT 2400 N.
RICHMOND ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Rubloff Development East LLC for
a Conditional Use Permit for a drive-thru for a new banking facility at 2400 N. Richmond 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 August 7, 2003, 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 for a new banking facility. Said Conditional Use Permit shall be subject to the
conditions that the SUBJECT PROPERTY be designed in substantial conformance, upon final
engineering approval, with the plans submitted including: the site plan and building elevations
prepared by Gensler dated August 11, 2003, the landscape plan prepared by Countryside
Industries, Inc. Landscape Architects & Contractors dated August 4, 2003, collectively, (the
"SITE PLAN") and that any signage on the SUBJECT PROPERTY shall be in compliance with
the CITY'S Zoning Ordinance and any variances previously granted by the City Council.
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 3RD DAY OF SEPTEMBER , 2003
AYES: LOW, WiMMER, PETERSON, CONDON
NAYS: BOLGER, GLAB, MURGATROYD
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 3RD DAY OF SEPTEMBER , 2003
ATTEST:
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Exhibit "A"
Legal Description of the SUBJECT PROPERTY
LOT 4 OF RUBLOFF TOWNE CENTRE SUBDIVISION, BEING A SUBDIVISION
IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 23,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRIMCIPAL
MERIDIAN, IN McHENRY COUNTY, ILLINOIS.