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HomeMy WebLinkAboutOrdinances - ORD-09-1459 - 04/20/2009 - GRANT CUP ALCOHOLIC BEVERAGES JIMANOS PIZZA 366 BAORDINANCE NO. nRn-ng-1459 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT FOR JIMANO'S PIZZERIA LOCATED AT 366 BANK DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by HDC Enterprises DBA Jimano's Pizzeria requesting a conditional use permit to serve alcoholic beverages in conjunction with the operation of a restaurant; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 19, 2009, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested conditional use permit; 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 property commonly known as 366 Bank Drive legally described on attached Exhibit "A", is hereby granted a conditional use permit to serve alcoholic beverages in conjunction with the operation of a restaurant for Jimano's Pizzeria. 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. Amy adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Amy 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. 1 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 20TH DAY OF APRIL , 2009 AYS: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, CONDON NAYS: NONE NONE ABSTAINED: ABSENT: PETERSON NOT VOTING: NONE APPROVED THIS 20TH DAY OF APRIL __ , 2009 ATTEST: CITY CLERK 2 er C� MAYOR Exhibit A Legal Description Lots 1 through 8, both inclusive, in Park view Plaza, a subdivision of part of Lots 1 and 2 in the Northwest Quarter of Section 2', Township 44 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded as document number 2001R0090743 in the office of the McHenry County Recorder of Deeds, McHenry County, Illinois excepting therefrom any portion of the foregoing described property located within the Bank Drive and the Park Place dedicated rights of way in McHenry County, Illinois.