HomeMy WebLinkAboutOrdinances - ORD-11-1534 - 04/04/2011 - GRANT CUP 4302 W ELM CHASE BANKORDINANCE NO. ORD-11-1534
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
AND VARIANCES FOR THE PROPERTY LOCATED AT 4302 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; and
WHEREAS, a petition has been filed with the City by J P Morgan Chase Bank
requesting a Conditional Use Permit for a drive-thru facility and Variances for parking,
stacking spaces for a drive-in facility and to allow an additional principal building on a zoning
lot for the property located at 4302 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 March 17, 2011, 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.
SECTION 2: That the SUBJECT PROEPRTY is hereby granted Variances from the
parking requirements and drive-in stacking space requirements and a Variance to allow an
additional principal building on a zoning lot with the following conditions:
Design of the site shall be in substantial conformance with the plans submitted by Woolpert
Engineering dated February 2011 and Nudell Architects dated February 22, 2011 attached
hereto and incorporated herein as Exhibit "B"; and
The easternmost access point from Elm Street into the shopping center shall be closed and
fully restored in accordance with Illinois Department of Transportations standards.
SECTION 3: 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;
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 4: 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 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: 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 41h day of April, 2011
Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon
Voting Nay: None
Abstaining: Glab
Absent: None
Not Voting: None
9 2-
"MAYOR
ATTEST:
Exhibit A
Legal Description of the SUBJECT PROPERTY
THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL. MERIDIAN, DESCRIBED AS FOLLOWS
BEGINNING AT THE POING OF INTERSECTION OF THE WEST LINE OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 27 AND THE CENTER LINE OF STATE ROUTE 120 (SAID
POINT ALSO BEING ON THE EAST LINE OF LOT 26 OF THE COUNTY CLERK'S PLAT, ACCORDING
TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY,
ILLINOIS, ON MAY 6, 1902 IN BOOK 2 OF PLATS, ON PAGE 41); AND RUNNING THENCE NORTH
ON THE WEST LINE THEREOF AND ON THE EAST LINE OF SAID LOT 26, FOR A DISTANCE OF
597.50 FEET TO A POINT; THENCE EAST ON A LINE FORMING AN ANGLE OF 89 DEGREES AND 59
MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED LINE AT THE LAST
DESCRIBED POINT FOR A DISTANCE OF 306.18 FEET TO A POINT OF CURVE; THENCE
SOUTHEASTERLY ON A CURVE, CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 29.32
FEET, FOR A DISTANCE OF 43.20 FEET, CHORD MEASUREMENT, TO A POINT OF TANGENCY;
THENCE SOUTHERLY TANGENT TO SAID CURVE, AT THE LAST DESCRIBED POINT, FOR A
DISTANCE OF 2'.89.80 FEET TO A POINT OF CURVE; THENCE SOUTHERLY ON A CURVE, CONVEX
WESTERLY AND HAVING A RADIUS OF 1610.31 FEET, FOR A DISTANCE OF 116.92 FEET, CHORD
MEASUREMENT, TO A POINT OF TANGENCY; THENCE SOUTHEASTERLY TANGENT TO THE
LAST DESCRIBED CURVE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 281.42 FEET TO
A POINT IN THE CENTER LINE OF SAID STATE ROUTE 120: THENCE NORTHWESTERLY ON THE
CENTER LINE OF SAID STATE ROUTE 120 AND BEING ON A CURVE, CONVEX NORTHEASTERLY,
FOR A DISTANCE OF 323.58 FEET, CHORD MESUREMENT, TO THE PLACE OF BEGINNING,
(EXCEPTING FROM THE ABOVEDESCRIBED PROPERTY THAT PART OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF
INTERSECTION OF THE CEN TER LINE OF F.A. ROUTE 21 (ILLINOIS ROUTE 120) WITH THE
CENTER LINE OF INDUSTRIAL DRIVE; THENCE NORTHERLY ALONG THE SAID CENTER LINE OF
INDUSTRIAL DRIVE, FOR A DISTANCE OF 90.0 FEET; THENCE NORTHERLY ALONG THE SAID
CENTER LINE OF INDUSTRIAL DRIVE, FOR A DISTANCE OF 90.0 FFET; THENCE WESTERLY
ALONG A LINE WHICH IS NORMAL TO THE SAID CENTER LINE OF INDUSTRIAL DRIVE, FOR A
DISTANCE OF 16.5 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE
CONTINUING WESTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE FOR
A DISTANCE OF 35.25 FEET; THENCE SOUTHWESTERLY ALONG A LINE WHICH IS RADIAL TO
THE SAID CENTER LINE OF F.A. ROUTE 21 (ILLINOIS ROUTE 120), FOR A DISTANCE OF 6.86 FEET,
MORE OR LESS, TO A POINT ON THE EXISTING RIGHT OF WAY LINE OF OLD WOODSTOCK AND
MCHENRY ROAD; THENCE SOUTHEASTERLY ALONG THE SAID EXISTING RIGHT OF WAY LINE
OF OLD WOODSTOCK AND MCHENRY ROAD, FOR A DISTANCE OF 44.34 FEET TO THE POINT OF
INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 16.5 FEET NORMALLY DISTANCE
WESTERLY OF THE SAID CENTER LINE OF INDUSTRIAL DRIVE; THENCE NORTHERLY ALONG
THE LAST DESCRIBED PPARALLEL LINE FOR A DISTANCE OF 29.21 FEET TO THE PLACE OF
BEGINNING,
ALSO (EXCEPTING THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION
27, DESCRIBED AS FOLLOWS: COMMENDCING AT THE POINT OF INTERSECTION OF THE WEST
LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27 AND THE CENTER LINE
OF ILLINOIS ROUTE 120, (SAID POINT ALSO BEING ON THE EAST LINE OF LOT 26 OF THE
COUNTY CLERK'S PLAT, ACCORDING TO THE: PLAT THEREOF RECORDED MAY 5, 1902 IN BOOK
2 OF PLATS, PAGE 41) AND RUNNING THENCE NORTH ON THE WEST LINE THEREOF AND ON
THE EAST .LINE OF SAID LOT 26, FOR A DISTANCE OF 597.50 FEET TO A POINT FOR A PLACE OF
BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF A CERTAIN DEED RECORDED IN
THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS AS DOCUMENT NUMBER 516310;
THENCE EAST ON THE NORTH LINE OF DOCUMENT NUMBER 516310, FOR A DISTANCE OF 30.42
FEET TO A POINT; THENCE SOUTHWESTERLY FOR A DISTANCE OF 217.22 FEET TO A POINT ON
THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER, SAID POINT BEING 215.08
FEET SOUTH OF THE PLACE OF BEGINNING; THENCE NORTH 215.08 FEET TO THE PLACE OF
BEGINNING), ALL IN MCHENRY COUNTY, ILLINOIS.
Exhibit B
Site Plan, Building Elevations and Landscape Plan
On File with the City Clerk
lit
CHASE BANK
X M 4300 WEST ELM STREET (IL ROUTE 120)
x
hil�d IA.
SITE PLAN WODURT
-nv".
G\0.\O�exe\�dnwl�G - Gax Bu�� ��wM\G�hCa!!�W]Ol'-0-C100-LI wV v�nuU A'PeeP.. ]lin Pb
O/SROVTF 1210 \ �
+ tI _
T -
In+ y '
11
iD
111
I
Lo
I lio� I a
I
I liq i
N
CHASE BANK McHENRY PRo sere "" °L'E aevlsloll
0750
n 4300 W. ELM ST. (IL RT. 120) ""°°"'° '""`"ei° �FES
N 1m a pq}[ FEH 2O11
C an of "wo�av =0 0�L PAY fI T rent T —�1 oEe. m
G r.lewer cw"n, uamou ua�uxw oL wt—
FLL w,us.�n1 Clm. A
SITE PLAN
\NUMB •.rnnsna\10)�0 ,- Cno a Pang - M.+s.y\)oI50-
CHASE BANK McHENRY
4300 W. ELM ST. (IL RT. 120)
tm Oi YW0D1Y
WMENAY DONIfY, LLIAIr
C
B
CC .EE��E1
aEE
i'�
18
6 EE
C9
ee
o � o
oc
.o
II
III
_I
vu s.w r�lnr Awa DATE rea �o1i .riw,�n
.u..�r PAl —.al3n1 CI(4 la
0
$pi,
�
vT m
�-
§O�
n > ik
b..
"
N
LAN