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
|
§�