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HomeMy WebLinkAboutOrdinances - ORD-08-1435 - 08/25/2008 - AMEND ORDINANCE O-95-719 GRANT CUP FOR ATM FACILITORDINANCE NO. ORD-08-1435 AN ORDINANCE AMENDING ORDINANCE NO.0-95-719 GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ATM FACILITY FOR LOT D IN MCHENRY COMMONS COMMONLY KNOWN AS 2082 NORTH RICHMOND ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City Council of the City of McHenry previously approved Ordinance 0-95-719 granting a conditional use permit and variance to allow the construction and operation of an ATM facility on Outlot D of McHenry Commons Subdivision, commonly known as 2082 North Richmond Road in the City of McHenry; and WHEREAS, Charter One Bank (the "APPLICANT") has submitted a request to grant an amendment to the conditional use permit by allowing a modification of the size of the ATM facility on the subject premises; and WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the ability to approve an expansion, alteration or amendment to a conditional use permit, or may send the item back to the Planning and Zoning Commission for a public hearing; and WHEREAS, the City Council has considered the evidence presented and finds that the approval of the requested modification of the existing conditional use permit to allow an increase in the size of the ATM facility, as depicted on Exhibit A the site plan attached hereto, on the SUBJECT PROPERTY legally described as follows should be granted: Lot D in McHenry Commons Subdivision, being a re -subdivision of Lots 1 and 2 in Riverside Terrace Phase I, being a subdivision of part of the northeast quarter of section 26, township 45 north, range 8 east of the third principal meridian, according to the plat thereof recorded in the McHenry County Recorder's Office on March 31, 1981 as Document No. 813727 in McHenry County, Illinois. WHEREAS, the City Council finds that the proposed modification of the conditional use permit granted by Ordinance No. 0-95-719 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, and should be approved without sending the matter back to the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY' COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That Ordinance 0-95-719 granting a Conditional Use Permit to allow the construction and installation of an ATM facility SUBJECT PROPERTY, is hereby amended to allow a modification in the type of ATM facility installed on the premises, as depicted on Exhibit A attached hereto and made a part hereof, subject to the following conditions: A. That adequate lighting be provided for the safety of the customers using the ATM; B. That the pavement be appropriately marked to show a one-way lane of traffic to and through the ATM; C. That the conditional use permit authorizing the ATM be strictly limited to the location on the SUBJECT PROPERTY as depicted in the Site Plan, a copy of which is attached hereto and made a part hereof as Exhibit A. SECTION 2: In granting said amendment to the Conditional Use Permit, the City Council finds that the requirements of Table. 31 of the Zoning Ordinance have been met in that: A. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning distract has been minimized. B. 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; C. 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. D. 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; E. 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 F. 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 25d' DAY OF August, 2008 AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None YOR ATTEST: Exhibit "A" Site Plan of the SUBJECT PROPERTY CL N. t L EXISTING PARKING _ NEW A.T.M. 1 too' to, UTILITY E ROUTE 31 S I T E P L A N SCALE 1• 50,-0" NORTH PROPOSED LOCATION OF NEW A.T.M. OMNI CENTER MCHENRY, IL. 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