HomeMy WebLinkAboutOrdinances - ORD-09-1482 - 09/14/2009 - GRANT CUP DRIVE THRU OUTSIDE SEATING FOR 2210 W RTORDINANCE NO. ORD-09-1482
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR A DRIVE-THRU AND OUTSIDE SEATING FOR THE PROPERTY LOCATED AT 2210
W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Gene Potempa requesting a conditional
use permit for a drive-thru and outside seating, for the property located at 2210 W Elm Street and
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 September 3, 209, 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 SUBJECT PROEPRTY, in accordance with the "Site Plan"
incorporated herein and attached hereto as Exhibit `B", is hereby granted a conditional use permit for a
drive-thru and outside seating subject to the following conditions:
l . "One Way" and "Do Not Enter" signs shall be posted in the; locations depicted on the site
plan-;
2. Additional "Drive-thru Entrance signs shall be posted at the east end of the site to direct
drive-thru users;
3. Lane Markings shall be placed on the east side of the building and the north side of the
building to direct vehicles around the site;
4. The applicant shall work with Cardinal Fitness in having their employees and patrons
utilize the parking to the north of the building;
5. Drive-thru hours shall be restricted to 10:00 p.m. on any given day;
6. There shall be only be one (1) drive-thru window on -site located on the north or west side
of the building and directed in a northwesterly manner;
7. Sound from any speaker associated with the drive-thru shall be muffled and directed away
from residents adjacent to the north of the building;
8. Bollards shall be placed along the north side of the building; to create a physical separation
between the rear building entry doors and the drive-thru traffic;
9. Outside seating shall be limited to two (2) removable tables (each with a maximum seating
capacity of four (4) persons) on the sidewalk area directly in front of the unit;
10. There shall be no outside seating located within the landscape island.
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:
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;
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 f6rm 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 14TH DAY OF SEPTEMBER _ 2009
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NONE
NAYS:
NONE
ABSTAINED:
ABSENT:
NONE
NOT VOTING:
NONE
APPROVED THIS 14TH DAY OF SEPTEMBER _, 2.009
1
AYOR
ATTEST:
CITY L RK �
Exhibit A
Legal Description of the Subject Property
2210 West Route 120
PIN 09-25-479-036 and 09-35-200-007
Parcel 1
That part of the northeast quarter of the northeast quarter of Section 36, in Township 45 North, Range 8, east of the
third principal meridian, lying north of a line 50 feet north and parallel to the centerline of Route 120, described as
follows:
Commencing at a point on the north line of Section 36, 959.1 feet west of the northeast corner of said section; thence
south 00 degrees 06 minutes east 162.4 feet to a point 50 feet north of the centerline of Route 120; thence west along a
line of 50 feet north of the centerline of Route 120, a distance of 258.0 feet; thence north at right angles to the last
described line 162.85 feet, more or less, to the north line of said Section 36; thence east on the north line of said Section
36, 258.0 feet to the place of beginning.
Parcel 2:
Part of the southeast quarter of the southeast quarter of Section 25, Township 45, North, Range 8, east of the third
principal meridian, described as follows:
Commencing as a point in the south line of Section 25, 959.1 feet west of the southeast corner of said section; thence
north 00 degrees, 06 minutes west, a distance of 84.6 feet;; thence west at right angles to the last described line 258.0
feet; thence south at right angles to the last described line 84.15 feet, more or less, Ito the south line of said Section 25;
thence east on the south line of Section 25, 258.0 feet to the place of beginning, in McHenry County, Illinois.
Exhibit B
Site Plan of the Subject Property
2210 West Route 120
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