HomeMy WebLinkAboutOrdinances - ORD-12-1593 - 07/16/2012 - CUP TO ALLOW DRIVE-IN AT 2221 N RICHMOND RDORDINANCE NO. ORD-12-1593
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
TO ALLOW A DRIVE-IN ESTABLISHMENT FOR THE PROPERTY LOCATED AT
2221 N RICHMOND ROAD, 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 Savers requesting a Conditional
Use Permit to allow a drive-in establishment for the property located at 2221 N Richmond
Road and legally described on Exhibit "A" attached hereto and incorporated herein
("SUBJECT PROPERTY"); and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on June 21, 2012 in the manner prescribed by ordinance and statute, and
as a result of said hearing, the Planning and Zoning Commission did recominend to the City
Council the granting of the requested Conditional Use Permit and
WHEREAS, the City Council has considered the evidence and reconiniendations 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 PROPERTY is hereby granted a conditional use
permit to allow a drive-in establishment in accordance with Exhibit B ("SITE PLAN")
attached hereto and incorporated herein, subject to the applicant providing appropriate signage
and striping to adequately direct customers to and from the drive-in.
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 enviromnental 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 pennitted 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 16' DAY OF JULY, 2012.
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 16th DAY OF JULY, 2012.
ATTEST:
CITY ((jK
Exhibit A
Legal Description of the SUBJECT PROPERTY
The property consists of 2.26 acres, more or less, and is located at 2221 Richmond Road
McHenry, Illinois which is legally described as follows:
Lot 7 in Meijer/ Home Subdivision, being subdivision of part of Lot 3 of the County Clerk's
Plat of the Southwest Quarter, also part of the West Half of the southwest Quarter of Section
23, Township 45 North, Range 8, east of the Third Principal Meridian, in McHenry County,
Illinois.
PIN: 09-23-376-004
11-
X
Exhibit B
Site Plan
MIENRIMMOM
I(L
x 19 9 9 9 9 ?1 9 F, I
F IA 5:9 11 IWZ-
6A
I r
mm PROPOSED THRIFT STORE: IVICHENRY, IL. PROJECT �ME�gvyy
20120279.0 PROJECT NUMBER
EXISTING CONDITIONS DRAWING TITLE 05r25/2012
frr
I
an
Ow
i
SO
— I
PROPOSED THRIFT STORE: MCHENRY, IL. ICT NA -6n
20120279.0 P1 PR J T 'U, M: F
10J0EC K
2 of 7
PRELIMINARY EXTERIOR MODIFICATIONS 0512512012
S:�
a
pt
i 91
12
41
PIP
S MIN
ci
Pg
Is m;j
%71
PROPOSED THRIFT STORE: MCHENRY, 1L. FRUJEOT �ME
20120279.0 PROJEC, lZE,
5 f 7
REAR AERIAL ELEVATION DRAW1 0512512012
611
I
In
Ila
1 8.4 1 R
p E
PROPOSED THRIFT STORE: MCHFNRY, IL PROJECT NAME
20120279.0 PROJECT NUMBER
EXISTING AND PRELIMINARY SOUTH ELEVATION BRAVING TETLE
I . A
gindmilFffm PROPOSED THRIFT STORE: MCHENRY, IL. PROJECT NAME DRAWING NUMI
20120279.0 PROJECT NUMEERSK-07 F
7 of 7
EXISTING AND PRELIMINARY SOUTH ELEVATION DRAWING TITLE 05125t2012