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HomeMy WebLinkAboutOrdinances - ORD-10-1501 - 03/15/2010 - GRANT CUP 4411 W ELM MCDONALDSORDINANCE NO.ORD-10-1501 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCES FOR THE PROPERTY LOCATED AT 4411 W ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the: passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, a petition has been filed with the City by McDonald's USA, LLC., Rich Neubauer, Rebuild Manager requesting a Conditional Use Permit for a drive-thru facility and Variances to the: landscaping and lighting ordinances, for the property located at 4411 W Elm Street and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHERF;AS, a public hearing on said petition was held before the Planning and Zoning Commission on March 4, 2010, 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 Variances; 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 Conditional Use Permit and Variances 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 is hereby granted a Conditional Use Permit to allow a drive-thru facility in accordance with the attached site plan and building elevations. SECTION 2: That the SUBJECT PROEPRTY is hereby granted a Variance from the lighting ordinance to allow an increase in the permitted foot-candles permitted in a parking lot in accordance with the attached photometric plan. SECTION 3: That the SUBJECT PROEPRTY is hereby granted a Variance from the landscaping ordinance provisions regarding landscaped parking screening strips and foundation base landscaping to allow site landscaping in accordance with the attached landscaping plan. SECTION 4: 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 5: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The: special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The; strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A 'Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the: Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The 'Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 7: 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 8: 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 15'h DAY OF March„ 2010 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. NAYS: None. ABSTAINED: None. ABSENT: None. NOT VOTING: APPROVED THEIS 15t' DAY OF March, 2010 �Z 2rt MAYOR ATTEST: CITY CL RK Exhibit A Legal Description of the SUBJECT PROPERTY Parcel 1: That part of the northwest quarter of the southeast quarter of Section 27, Township 45 north, range 8 east of the third principal meridian, described as follows: commencing at the southwest corner of Lot 4 in Shady Crest Subdivision, according to the plat thereof recorded June 13, 1957 as Document No 324222, in Book 13 of Plats, Page 28: thence north 5 degrees 01 minutes 33 seconds east along the westerly line of said Lot 4, 458.02 feet to the northwest corner of said Lot 4 and also the old centerline of State Route 120; thence south 74 degrees 16 minutes 28 seconds east, along said state highway old centerline, 344.68 feet to the place of beginning; thence continuing south 74 degrees 16 minutes 28 seconds east, 150.00 feet to the northeast corner of the property formerly owned by Henry C. Wohlert and Rosina C. Wohlert (as described in Book 378 of Deeds, page 117, in McHenry County Illinois); thence south 1 degree 00 minutes 43 seconds west, along the easterly line of said Wohlert Property, 322.23 feet to the south line of the northwest quarter of the southeast quarter of said Section 27; thence north 90 degrees 00 minutes 00 seconds west, along said south line, 145.10 feet; thence north 1 degree 00 minutes 43 seconds east, 362.89 feet to the point of beginning, in McHenry County, Illinois, excepting therefrom the following described Land: that part of the northwest quarter of the southeast quarter of Section 27, Township 34 north, range 8 east of the third principal meridian, in McHenry County, Illinois, described as follows: Commencing at the southwest corner of Lot 4 in Shady Crest, according to the plat thereof recorded June 13, 1957, as Document No 324222 in Book 13 of Plats, page 28; thence on an assumed bearing of north 4 degrees 09 minutes 19 seconds east along the west line of said Lot 4, a distance of 457.91 feet (458.02 feet, recorded) to the northwest corner of Lot 4, being also a point on the original center line of Illinois Route 120; thence south 74 degrees 52 minutes 04 seconds east along the said original center line of Illinois Route 120, a distance of 344.68 feet to the point of beginning; thence continuing south 74 degrees 52 minutes 04 seconds east along the said original center line of Illinois Route 120, a distance of 61.98 feet; thence south 15 degrees 07 minutes 56 seconds west, a distance of 50.00 feet to a point of 50.00 feet normally distant south of the said original center line of Illinois Route 120; thence north 74 degrees 52 minutes 04 seconds west along a line 50.00 feet normally distant south of and parallel with the said original center line of Illinois Route 120, a distance of 48.53 feet to the west line of the grantor; thence north 0 degrees 04 minutes 39 seconds east along the west line of the grantor, a distance of 51.78 feet to the point of beginning. Parcel 2: That part of the northwest quarter of the southeast quarter of Section 27, Township 45 north, range 8 east of the third principal meridian described as follows: the east 54.3 feet of the west 154.3 feet by parallel measure as measured on the south line thereof that part of the northwest quarter of the southeast quarter of said Section 27, described as beginning at the southeast corner of the northwest quarter of the southeast quarter, thence west 10.19 chains to a stake, thence north to a point in the center line of state Route 120 that is 697.62 feet northwesterly as measured along said center line from the east line of said northwest quarter of the southeast quarter of Section 27, thence southeasterly along the center line of State Route 120 a distance of 10.87 chains to the east line of the northwest quarter of the southeast quarter of said Section 27; thence southerly along aforesaid east line of the northwest quarter of the southeast quarter of said Section 27 to the point of beginning in McHenry County, Illinois. 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Is f _r ay.rVulmMr�•au+N.w. rt.,dw �a o Y@9 N�I 4� Act R i a Q� j�e6 Y 6 �Ele�l� e 0 0 A 'AO I T 4 I ygy sr �NNNf, tl P t € € Eel Dw 2005' STSNMRO BUILDING (Y1, McDOnald'S USA LLC EULLERTON BLDG wK� w..,._ � �i.M . •r .u.ae 'L U7 f II I a ' 9 M 1 LJ hAil 7i YS e(Ap A Vu..N� m o�pV m mp PPc m D RSB-RCS/'L SERIES Fixture Specifications • One-piece formed aluminum housing • Hydroformed aluminum relector • Die cast zinc latches permit: tool -free entry • High power factor ballast with -20 a F starting • Consult factory for glare shield options IRDERING INFORMATION AMPLE CATALOG NUMBER RSB-RCX )00000IX Sertes Wattage/Source Start metal halide Start metal halide start metal halide start metal halide (F al halide (RCL) Pressure sodium (I ;pressure sodium ssure sodium M ure! sodium u e sodium The RSB-RCS/L Series rectangular shoebox is offered in a variety Of lighting distributions with sharp cutoff to meet the challenging demands OF today's site lighting projects © G. • Lamp and arm included • Flat tempered glass lens • Luminalre finished in weatherproof powder -coat paint • Available with photocell and polycarbonate shield • Rotatable optics (RCL only) • UL listed For wet locations -A e Removable t Ballast C Compartment Lomp C EPA Rs1-RCS 16 25' 23 5' 8.5" 2.1 ft2 42 Ibs RSB-RCL XX X is _ 22.25' 30" 10.5" 3.0 1`1:2 701b5. Rnlsh Dlscrlbudon Voltage _ DB Dark Bronze - BK Black _ WH White - ® PS Platinum Sdver _ 5} DISTRIBUTION S) 3 Type III _ 'L) 4 Type IV _ S Type V (square) }cm MT Mulu-tapballast (120.208.240,277) I/L) 48 480 VOIt L) I Ca c tactwy Mr other wmmges and Pu&- Startwa0abtllry 2 Consult factory thr other finishes A HUBBELL LIGHTING, INC. COMPANY Lighting Products www.securitylighting.com Grove, IL 60089 • TOLL -FREE 800-544-4848 • PHONE 847-279-0627 • FAx: 847-279-0642 SQUARE STRAIGHT STEEL POLES Specifications SSP SERIES IN STOCK POLES • Square straight steel shaft • Two-piece base cover • One-piece construction • Four L-shaped fully galvanized anchor bolts • 23/8" OD tenons, or factory -drilled side mount with nuts and washers, metal template • Ground lug standard (3/8" 16 thread) • Finished in weatherproof powder -coat paint • Steel base plate • Gasketed hand hole standard ORDERING INFORMATION 11 GAUGE SSP-411S-XXX-XX 18 115 6 3 4" 121 3/4" 10.5" 8 5-11" 4" 147 SSP-4125-XXX-XX 25 5 1.5 4" 121 3/4° 10.5" 8.5-11" 4" 178 SSP-5125-XXX-XX 25 105 4 5" 12" 1" 10 5" 10-13 5" 4' 231 7 GAUGE SSP-4725-XXX-XX 25 10 4 5 1 4 4° 12" 3/4" 10 5" 8.5-11° 4" 266 SSP-S722-XXX-XX 22 20 11 6 5" 12" 1° 10 5" 10-13 5" 4" 263 SSP-5728-XXX-XX 28 154 7.4 3 5" 12" 1' 10.5" 10-13.5" 4' 340 SSP-5730-XXX-XX 30 12 4 5 5" 12' 1" 10 5" 10-13.5" 4" 398 I Coto" Number, as listed. does not Include tenons or machining for side mounting. 3 Factory supplied template must be used when setting anchor bolts. Security Lighting Fixture mounting must be specified by suostrtuting for all Xs In Catalog Number will deny any claim Par Incorrect anchorage placement resulting from failure to use Refer to Catalog Logic for top type and for mounting arrangements factory supplied template. 2 Maximum allowable EPA is based on steady winds of 80 and 100 mph with gusts to 4 Anchor bolt weights not Included. BOLT TEMPLATE 104 and 730 mph respectively, 120 mph, steady winds with r56 mph gusts. All calculations ore based on a minimum yield of 55.000 PSI. Calculations per AASHTO 85. X X XX Mounting 1 Fixture type Finish Arrangement ® • _ 1 23/8° OD Tenon' 5 Removable Tenon' ® 6 Side mount MOUNTING A One Fixture C Two Fixtures at 180" O Two Fixtures at 90' F Three Fixtures at 90° G Four Fixtures at 90' P Tenons only FiXTURE TYPE 0 None, tenon only 2 ?SB-F. RSB-RCS/RCL WL, MXC. SL 4 RSB-ARS, GE. GS, ARS-RD AD Almond DS Dark Bronze BK Black WN White PL Platinum I Consult factory for other available pole heights 2 Only for use with optional tenon top mounting brackets or ASS mounting brackets ACCESSORY: TENON TOP MOUNTING BRACKET Catalog Number Description W ... , TTF-10 Single �— TTF-29 Twin 90° TTF-28 Twin 180° TTF-39 Triple 90' TTF-30 Triple 120' TTF-49 Quad 90' �J ed Lighting Products Grove, IL 60089 • TOLL -FREE www.securitylighting.com • FAx: 847-279-0642 ri �m -im 4M AM� F .•fir . ,ice. .� ��, - �, _� . O .1 a tn�E816 +� m e1 4 vn F� _wm RR P11! 1i M., �gC a{1��acip�: g� D � � a _FFF FFRFFF 'F FyF'�gFFF EMEE- ["I LLIFA ► cDarmwS CJOwati0E1 r ox�m+ ■T xs oo wammme• a W566 R�S�OU! F3. LTO SGu.E t• �o ,a1 {611 W-•. o m� P� �ti•+1 aw PROJGCT x0 0�03� P01nE NDSCAPE PLAN