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HomeMy WebLinkAboutOrdinances - ORD-08-1423 - 05/12/2008 - GRANT CUP 3451 SHOPPERS DRIVE FOR OLIVE GARDENORDINANCE NO. ORD-08 1423 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANTFOR FOR THE PROPERTY LOCATED AT 3451 SHOPPERS DRIVE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, petition has been filed with the City of McHenry by Energy Development Fields requesting a Conditional Use Permit to allow the serving of alcoholic beverages in conjunction with a restaurant 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 1, 2008, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission recommended approval of the requested Conditional Use Permit by a vote of 6-0; 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 PROPERTY shall be granted a Conditional Use Permit to allow the serving of alcoholic beverages in conjunction with a restaurant provided the site is developed in substantial accordance with the site plan attached hereto as "Exhibit B". 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 and APPROVED this I2TH day of MAY , 2008 AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE / MAYOR ATTEST: CITY CL Exhibit "A" Legal Description of the SUBJECT PROPERTY Lot 2 of the Shops at Fox River Subdivision, part of the southwest quarter of the northeast quarter and part of the southeast quarter of the northwest quarter of Section 23, Township 45 North, Range 8 East of the third principal meridian in McHenry, McHenry County, Illinois CA S C a w E- \§ E 2|�K} N. '7E 7EF ! 7 # §:!! _uo—g �2r}f\ . § ! ! � |■ _- ®{l;t2 | 2� ai• C O c V N O Y OS 'o S G J A — CyrC S W ZWZ _W co eta; tEc� c r c N O� d O C f I m t o cc NG m m a maa ; 2 M s i E d c c c L 3 c o a `cgt t7 d N a A C v E�y�4z="' EsEdE EE dEAA3tQNo�vEEEJ'E aE ��o_aatpa o c�a�o� C6 C Y LnLL� E Q Q A MQ ac � C c aq ri n v ui 'd N c 0 E a m c c 0 0 2 El ;'Raa IN 9fP" s�gy�sEE EBe�' �aOaL /\ �� / �k){ - \| % { ) / } ; ■ !) toll o• - \���� ! a ! * ; t \ ■| °°,■ `� }ƒ Mgt f{f6Pr T II * § .WE| M; $�zing 2§]E it | §�