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HomeMy WebLinkAboutOrdinances - ORD-07-1393 - 10/01/2007 - GRANT CUP LAS PALMAS RESTAURANTQ3,,.. Er1,t ; ORDINANCE NO. ORD- - 07-1393 �- AN ORDINANCE GRANTING A CONDITIONAL USE PER I^T ')liS ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT AND OUTDOOR SEATING FOR LAS PALMAS RESTAURANT LOCATED AT 209 N. FRONT STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by John Alex Abt requesting a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant and a Conditional Use Permit to allow outdoor seating 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 September 20, 2007, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval (5-0) of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations 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 PROPERTY be granted a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant and a Conditional Use Permit to allow outdoor seating, subject to the following conditions: 1. The Conditional Use Permit shall expire and become null and void if the restaurant (Las Palmas) closes (defined by not being operational i.e., serving customers) for a period of six (6) continuous months; and 2. The dumpster enclosure shall be relocated to be adjacent to either the principal or accessory building. 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 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 1 ST DAY OF OCTOBER 2007 AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS I ST DAY OF OCTOBER 52007 ATTEST: CI Y ERK AYOR 2 EXHIBIT A Legal Description of Subject Property Part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8, East of the Third Principal Meridian being described as follows: Commencing at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 35; thence Easterly along the North line thereof, 666.18 feet to the West right-of-way line of Illinois State Route 31; thence South 01 degrees 23 minutes 34 seconds East along said West right-of-way line, 518.36 feet to the Place of Beginning; thence continuing South 01 degrees, 23 minutes 34 seconds East along said right-of-way line, 128.15 feet; thence South 88 degrees 58 minutes 53 seconds West parallel with the North line of said Southwest Quarter of the Southwest Quarter, 373.00 feet; thence North 01 degrees 23 minutes 34 seconds West parallel with said West right-of-way line, 128.15 feet; thence North 88 degrees 58 minutes 53 seconds East parallel with the said North line of the Southwest Quarter of the Southwest Quarter, 373.00 feet to the Place of Beginning, in McHenry County, Illinois.