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HomeMy WebLinkAboutOrdinances - ORD-15-1712 - 03/16/2015 - CUP - DRIVE-THRU 2210 Richmond Rd (Starbucks)ORDINANCE NO 15-1712 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN ESTABLISHMENT FOR THE PROPERTY LOCATED AT 2210 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 Blake Richmond LLC, 6309 Tustamena Trail McHenry, IL 60050 requesting a Conditional Use Permit to allow a drive-in establishment on the property 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 February 18,, 2015 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 recommendations 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 is hereby granted a Conditional Use Permit to allow a drive-in establishment subject to the following conditions: • Site is developed in substantial conformance with the site plan prepared by Benchmark Design Build Remodel Inc. dated 2/25/15 and consisting of one sheet attached hereto and incorporated herein as Exhibit B ("Site Plan"); • Hedgerow and all recommended signage shall be in place prior to issuance of a certificate of occupancy; • Drive-thru "escape area" depicted on -site shall be striped/cross-hatched. The escape area should be sized to allow a vehicle to escape from the drive-thru, but should not allow vehicles traveling north to gain access to the drive-thru. • A directional sign shall be placed at the northern end of the property (front of the building) indicating "One -way -Do not Enter". • All dumpsters shall be contained within a screened enclosure; • Appropriate access clearances must be provided for the transformer at the southeastern portion of the site; • All loading/unloading shall take place during off hours, to the extent practicable, and occur on the southern end of the building (early morning/late night is preferable) and not block transforiner access or mailboxes; • A directional sign shall be placed within the southeast island on the property (rear of building) indicating "Drive-thru entrance". • Cross -walk area at the northern end of the drive-thru area shall be striped to allow pedestrians to cross and enter into the restaurant through the western door; • Northern door to the unit shall be eliminated and a new door installed on the eastern side of the building; • Drive-thru signage (preview board and menu board) shall not impede access to rear entrances (eastern side of building); • "One-way traffic" utilizing thermoplastic striping shall be depicted along the proposed east -west one-way aisle north of the proposed drive-thru lane; • Sign shall be placed at the southwestern end of the building for garbage corral access only and indicating "Do not enter"; • Safety guardrail/fence is to be reduced on the northwest side to half the length of the curbed landscape island (approximately 9'); 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 norinally 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. 1 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 fall force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 16t'DAY OF MARCH 2015. VOTING AYE: VOTING NAY NOT VOTING: ABSTAINING: ABSENT: ATTEST: Condon, Peterson, Wimmer, Blake, Schaefer, Glab, Santi None None None None /)tn k U� Y) o Q)�) CITY, C K Exhibit A Legal Description of the Subject Property 71�s 77 c < K5 7� 0 0 \,Y\ R 14 Exhibit B Site Plan LET LI t6 F --1 F 7 E =1 �CO-D\ 0 1 0 1.