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HomeMy WebLinkAboutOrdinances - ORD-11-1547 - 08/15/2011 - GRANT CUP 2210 W RTE 120ORDINANCE NO. ORD-11-1547 AN ORDINANCE AMENDING ORD-09-1482 GRANTING CONDITIONAL USE PERMIT TO 2210 WEST ROUTE 120 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VI1, 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. Ordinance No ORD-09-1482, hereby attached as Exhibit A, was passed and approved by McHenry City Council on September 14, 2001 granting a conditional use permit to allow the operation of a drive-thru establishment and outside seating for the property located at 2210 West Route 120; and WHEREAS, the conditional use permit expires if not implemented or a building permit has not been obtained by September 14, 2011 as provided for in the McHenry Zoning Ordinance under the provisions of implementing conditional use permits as stated therein; and WHEREAS, the McHenry City Council has determined it is in the best interest of the City to grant a six month extension for the conditional use permit to be implemented or a building permit obtained for the property located at 2210 West Route 120until February 15, 2012. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION I: An amendment is hereby granted to City Ordinance No ORD-09-1482 allowing for the extension of the conditional use permit approved therein until February 15, 2012. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 15'h day of August 201 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Not Voting: None. Absent: None. Abstain: None. APPROVED: Mayor Susan E. Low (SEAL) ATTEST: (lam it lerk Ja ce . Jones &114 f a I Ir A I I I I I'D I. , : AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU AND OUTSIDE SEAT-ING FOR THE PROPERTY LOCATED AT 2210 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS V41EREAS, 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 scaling subject to the following conditions: 1. "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 cast end of the site to direct drive-thru users; 3. Lane Markings shall be placed on the cast 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 ]-here 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 mariner� 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-thm 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 CbTCCtly in front of the unit; 10. There shall be no outside seating Imited 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: 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 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 14TH DAY OF SEPTEMBER _ 2009 AYES: NAYS: ABSTAINED: ABSENT: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NONE NONE NONE NOT VOTING: NONE APPROVED THIS 14TH DAY OF SEPTEMBER 12009 ,, L C� AIAYOR ATTEST: C7CLERK 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, to 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 o �i o � o J Z O d 0 .<E V) O_ OW50 9 ElEL m*\ m 5 0 r w r- � O y � F <�8 g�$ g b � B��