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HomeMy WebLinkAboutOrdinances - ORD-06-1322 - 07/10/2006 - GRANT CUP DRIVE THRU LOT 2 MCCULLOM PLACE JAVA JO'r ORDINANCE NO. ORD-06-1322 AN ORDINANCE GRANTING A CONDITONAL USE PERMIT FOR A DRIVE-THRU ON LOT 2 OF MCCULLOM PLACE 2 FOR JAVA JO'Z IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Jason Glenn, of Millennium Venture Group requesting a Conditional Use Permit to allow a drive-thru associated with their coffee retail building for the property 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 May 18, 2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission recommending approval of the requested Conditional Use Permit was unanimously approved (5-0) with two members absent; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the iequested 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 to permit a drive-thru in substantial accordance with the site plan prepared by the applicant, attached hereto as Exhibit B, and subject to the following condition: If the drive-thru facility is abandoned for more than ninety (90) 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 the control of Java Jo'z or subsequent lessee or owner of said facility, the drive-thru facility shall be completely removed by Java Jo'z and the SUBJECT PROPERTY shall be restored to its original condition, prior to the construction of the drive-thru facility, within six (6) months. SECTION 2: In granting said Conditional Use Permit, the City Council finds that 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 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 _ i OTb DAY OF ,-) 11 L y 92006 AYES: SANTI, SCHAEFER. MURGATROYD. WIMMER, PETERSON NAYS: G LAB ABSTAINED: NONE ABSENT: CONDON NOT VOTING: NONE APPROVED THIS LOTH DAY OF JULY , 2006 7 IX AYOR ATTEST: r C CIT CL RK 0 2 Exhibit A Legal Description of the SUBJECT PROPERTY Parcel 2 Lot 2 in McCullom Place II, a Resubdivision of McCullom Place, a Subdivision of part of the northeast quarter 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 plat thereof recorded May 9, 1996 as Document 96R022582, in McHenry County, Illinois.