HomeMy WebLinkAboutOrdinances - ORD-11-1540 - 06/13/2011 - GRANT CUP AND VARIANCES MCDONALDS PARK PLACE AND 3ORDINANCE NO. ORD-1 1-1540
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
AND VARIANCES FOR THE PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF ILLINOIS ROUTE 31 AND PARK PLACE, 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 McDonald's USA, LLC
requesting a Conditional Use Permit for a drive-in establishment and Variances from the
zoning ordinance for landscaping and driveway width for the property located at the southeast
corner of Illinois Route 31 and Park Place 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 May 19, 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-in establishment in conjunction with a restaurant in accordance with in
accordance with the attached site and landscape plans prepared by Watermark Engineering
Resources, Ltd. dated 2/23/2011 and building elevations dated March 2009 consisting of two
separate elevation plans, A2.0 and A2.1, excluding the arcade and logo on the south wall, and
subject to the following additional conditions:
a. Conditional use permit shall be revoked and become null and void if the use is not
established or a required building permit is not obtained and construction started
within one year of the date of ordinance approval by City Council or if the use
ceases operation for more than one year; and
b. The applicant shall investigate the feasibility of an interconnection with the vacant
property to the east, as well as the possibility of making a more direct sidewalk
connection from the east property line leading to the restaurant entrance for
peclestrians/bicyclists, similar to the connection/striping from Illinois Route 31
prior to building permit submittal; and
c. Address the issue of safety on the south property line, in terms of the elevation
difference between the top of the proposed retaining wall and the parking lot, with
some type of barrier or fence potentially on top of the retaining wall prior to
building permit submittal; and
d. Investigate the possibility of relocating the transformer on the south side of the
building closer to the building and also screening the transformer from public view
prior to building permit submittal; and
e. Investigate how on -site snow removal will be handled in terms of snow placement
after the lot is cleared so vision clearance and safety are not issues prior to issuance
of a building permit; and
f. Contribute to the City the cost in lieu of installation of a 5' sidewalk along the Park
Place property frontage in accordance with the City ordinances prior to building
permit submittal; and
g. Insert concrete pad and sidewalk connection from employee -only service door on
the south side of the building to the trash corral to better facilitate trash and/or
grease disposal prior to building permit submittal; and
h. Look, into delineating the three parking spaces closest to the drive-thru lanes on the
west side of the building as employee -only parking with signage so there are no
conflicts with vehicles backing -out of those spaces and hitting pedestrians or a
stationary vehicle lined -up to utilize the drive-thru prior to building permit
submittal.
SECTION 2: That the SUBJECT PROEPRTY is hereby granted a Variance from the
zoning ordinance provisions regarding foundation base landscaping to allow a minimum
width of 4' of foundation base landscaping along the western side of the building with the
condition the site is designed in accordance with the landscape plan prepared by Watermark
Engineering dated 2/23/2011 to include the additional conditions as reflected in Section One
of this ordinance.
SECTION 3: That the SUBJECT PROEPRTY is hereby granted a Variance from the
zoning ordinance provisions regarding foundation base landscaping to allow a minimum
width of 4' of foundation base landscaping along the western side of the building with the
condition the site is designed in accordance with the landscape plan prepared by Watermark
Engineering dated 2/23/201 1 to include the additional conditions as reflected in Section One
of this ordinance.
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:
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 AND APPROVED THIS 13T" DAY OF JUNE_, 2011
AYES: Santi, Glab, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: Schaefer
NOT VOTING:: None
'MAYOR
ATTEST:
CITY LE XK
Exhibit A
Legal Description of the SUBJECT PROPERTY
LOTS 28 THROUGH 36 IN PARK VIEW PLAZA, BEING A SUBDIVISION OF PART
OF LOTS 1 AND 2 IN THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 44
NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED NOVEMBER 30, 2001 AS DOCUMENT
2001 r0090743., IN MCHENRY COUNTY, ILLINOIS.
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