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Home My WebLink AboutOrdinances - ORD-08-1450 - 12/15/2008 - GRANT ZONING MAP AMENDMENT CUP ETAL CUNAT HISTORICORDINANCE NO. nRn-nR-i ar;n AN ORDINANCE GRANTING A ZONING MAP AMENDMENT FROM 0-1, LOCAL OFFICE TO C-4, DOWNTOWN COMMERCIAL DISTRICT, CONDITIONAL USE PERMIT FOR EXPANDED SITE PLAN REVIEW AND A CONDITIONAL USE PERMIT FOR A RESTAURANT SERVING ALCOHOLIC BEVERAGES WITH LIVE ENTERTAINMENT AND OUTDOOR SEATING FOR THE PROPERTY LOCATED AT 1111 N GREEN STREET IN 'THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Cunat, Inc. requesting a Zoning Map Amendment to C-4, Downtown Commercial District, a Conditional Use Permit for Expanded Site Plan Review and a Conditional Use Permit for a Restaurant Serving Alcohol with Live Entertainment and Outdoor Seating, for the property legally described on "Exhibit 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 November 6, 2008, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning; Commission recommended that the requested zoning map amendments and conditional use permits be approved;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 Zoning Map Amendment and Conditional Use Permits are 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 Zoning Map Amendment from 0-1, Local Office to C-4, Downtown Commercial District. SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. The requested zoning classification is compatible with the existing uses and zoning of property in the environs; 2. The requested zoning classification is supported by the trend of development in the general area; 3. The requested zoning classification is consistent with the objectives of the City of McHenry Comprehensive Plan; and 4. 'The requested classification promotes the public interest. SECTION 4: That the SUBJECT PROPERTY be granted a Conditional Use Permit for expanded site plan review with the conditions that the developer work with staff to make the southern exterior wall of the parking structure more aesthetically pleasing and that the development is constructed in accordance with the Site Plan attached hereto as Exhibit B (the "SITE PLAN"). SECTION 5: 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 6: That the SUBJECT PROPERTY be granted a Conditional Use Permit for a restaurant serving alcoholic beverages with live entertainment and outdoor seating subject to the fc)llowing conditions: 1. Outside seating shall be gated -off from the general public and be only for persons within restaurant; 2. Outside seating shall be with fixed tables and chairs not intended to removed daily; 3. No form of dancing shall be permitted within the restaurant; 4. No live bands shall be permitted within the restaurant with the exception of soft music (pianist, soloist, jazz ensemble, etc.) intended as dinner accompaniment music; and, 5. There shall be no live entertainment permitted outside of the restaurant. SECTION 7: 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 8: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 9: 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 10: 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 ], STu DAY OF DEC€�4R FR , 2008 AYES: SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: G LAB ABSTAINED: NONE NONE ABSENT: NOT VOTING: NONE APPROVED THIS ,� DAY OF DE�� , 2008 � MAYOR ATTEST: CITY CLERK i Exhibit A That part of Lots 24 and 25 in the County Clerk's Plat of part of the South Half of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian according to the Plat thereof recorded May 6, 1902 as Document No. 14084 in Book 2 of Plats, Page 38, described as follows: Commencing at the intersection of the center line of Green Street with the Southwesterly line, extended Southeasterly, of said Lot 24, being a point one (1) chain North of the South Quarter corner of said Section 26; thence North 70 degrees 00 minutes 00 seconds West (Deed) [North 72 degrees 06 minutes 08 seconds West (Measured)] along said Southwesterly line and said Southeasterly extension of the Southwesterly line of said Lot 24, for a distance of 55.92 feet to a point of beginning; thence continuing North 70 degrees 00 minutes 00 seconds West (Deed [North 72 degrees 06 minutes 08 seconds West (Measured)] along said Southwesterly line and said Southeasterly extension of the Southwesterly line of said Lot 2.4, for a distance of 146.09 feet; thence North 15 degrees 06 minutes 52 seconds East (Measured), for a distance of 301.38 feet; thence South 59 degrees 26 minutes 51 seconds East (Deed) [South 57 degrees 32 minutes 59 seconds East (Measured)], a distance of 6.81 feet; thence North 15 degrees 06 minutes 52 seconds East (Measured), a distance of 55.91 feet, to a point on the Northeasterly line of said Lot 24; thence South 59 degrees 05 minutes 43 seconds East (Deed) [South 61 degrees 11 minutes 51 seconds East (Measured)] along the Northeasterly line of Lots 24 and 25, for a distance of 131.00 feet; thence South 21 degrees 53 minutes 14 seconds West (Deed) [South 19 degrees 47 minutes 06 seconds West (Measured)], for a distance of 53.39 feet.; thence South 25 degrees 17 minutes 45 seconds West (Deed) [South 23 degrees 11 minutes 37 seconds West (Measured)], for a distance of 119.01 feet; thence South 00 degrees 04 minutes 59 seconds East (Deed) [South 02 degrees 11 minutes 07 seconds East (Measured)], for a distance of 153.77 feet; thence Southwesterly along a non -tangential curve to the right having a radius of 30.00 feet as said curve is convexed to the Southeast for an arc distance of 18.71 feet (said curve having a chord bearing of South 60 degrees 04 minutes 01 seconds West (Deed) [South 57 degrees 57 minutes 53 seconds West (Measured)] and a chord distance of 18.41 feet] to the place of beginning. 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