HomeMy WebLinkAboutOrdinances - ORD-04-1202 - 02/02/2004 - GRANT CUP DRIVE THRU AT 2616-2640 SCHAID CTORDINANCE NO. nRn-o4-12o2
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR TWO DRIVE-THRU
FACILITIES FOR CONCEPT INVESTMENTS, LLC FOR THE PROPERTY LOCATED AT
2616-2640 SCHAID COURT IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Concept Investments LLC for a
Conditional Use Permit for two (2) drive-thru facilities for a property located at 2616-2640
Schaid Court 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 11, 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
two (2) drive-thru facilities subject to the following conditions:
1. That the drive-thru facilities shall be directly used in conjunction with the
operation of an "ice cream, frozen custard, candy, popcorn, nuts yogurt and
sandwich store, " and a "coffee and sandwich shop," and any deviation from
these uses must be approved by the City Council.
2. That the SUBJECT PROPERTY shall be designed in substantial conformance
with the Striping Exhibit prepared by Condon Consulting Engineers dated
7/31/03, last revised 11/24/03.
3. That the parking behind the building shall be restricted to employee -only parking
4. That all deliveries at the rear of the building shall be restricted to early morning
and late evening hours
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 2ND DAY OF FEBRUARY , 2004
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 2Nn DAY OF Y , 2004
zz?-C�—
MAYOR
ATTEST:
k c-q-- C ,
7C!c RK - 0
1
z EXHIBIT "A"
4 ANNEXATION LEGAL DESCRIPTION
6 PARCEL
s That part of Government Lots 1 and 2 of the Northeast Quarter of Section 6, Township 44 North,
9 Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast
to corer of the Northeast Quarter of Section 6 and running thence West on the North line thereof to
11 the Northeast corner of the West Half of the West Half of Goverment Lot 2 of said Northeast
11 Quarter; thence South on the East line thereof and on the East line of the North Half of the North
13 Half of the West Half of the West Half of Govern naennt Lot 1 of said Northeast Quarter to a point,
14 said point being 1054.96 feet North of the South line of said Northeast Quarter; thence East parallel
15 to the South line thereof to a point 1153.92 feet East of the West line thereof; thence South parallel
16 to the West line thereof, for a distance of 786 feet to a point; thence East parallel to the South line
17 thereof, for a distance of 60 feet to a point; thence South parallel to the West line thereof, for a
Is distance of 100 feet to a point; thence East parallel to the South life thereof, for a distance of 197.82
19 feet to a point; thence South parallel to the West line thereof, for a distance of 28.96 feet to a point;
20 thence East parallel to the South line thereof, for a distance of 334.02 feet to a point; thence
21 Southwesterly, for a distance of 141.3 8 feet to a point on said South line, said point being 91.6 feet
22 West of the Southeast corner of said Northeast Quarter; thence East on said South line, for a distance
23 of 652 feet to a point, said point being 264 feet West of the Southeast corner thereof, thence North
24 parallel to the East line thereof, for a distance of 1459 feet to a point; thence East parallel to the
25 South line thereof, for a distance of 264 feet to a point on the East line of said Northeast Quarter;
26 thence North on said East line, for a distance of 66 feet to a point; thence \Pest parallel to the South
27 line thereof, for a distance of 264 feet to a point; thence North parallel to the East line thereof, for
28 a distance of 907.50 feet to a point; thence East parallel to the South lisle thereof, for a distance of
79 264 feet to a point on the East line of said Northeast Quarter; thence North on said East line to the
30 place of beginning (excepting that part of said Government Lot 1 of the Northeast Quarter of Section
33 6, being described as follows: Conrnnencing at the Southwest corner of said Government Lot 1 of
32 the Northeast Quarter; thence South 89 degrees 59 minutes 08 seconds East along the South line
33 thereof; 1411.74 feet; thence North 00 degrees 56 minutes 45 seconds West,140.0 feet to the point
34 of beginning; thence continue Northerly along said line, a distance of 126.56 feet; thence North 89
35 degrees 27 minutes 35 seconds East, 345.66 feet; thence South 04 degrees 1 Iminutes 54 seconds
315 West,130.24 feet to aline 140.0 feet North of and parallel to the Southline of said Government Lot
37 1; thence North 89 degrees 59 minutes 08 seconds VVest along said parallel line, 334.02 feet to the
38 point of beginning), in McHenry County, Illinois.
39
40 PARCEL 2
41
42 The East 197.82 feet of the West 1411.74 feet of the South 168.96 feet of Gover=ent Lot 1 of the
43 Northeast Quarter of Section 6, Township 44 North, Range 8, East of the Third Principal Meridian,
44 in McHenry County, Illinois.
45
G 00C51Concept DevOopmeaXoncept Route 31 MNarrative u•pd
7