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HomeMy WebLinkAboutOrdinances - ORD-17-1826 - 02/06/2017 - CUP FOR EXPANDED SITE PLAN REIVEW FOR THEATER RESORDINANCE NO ORD-17-1826 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN EXPANDED SITE PLAN REVIEW IN ACCORDANCE WITH THE DOWNTOWN OVERLAY DISTRICT TO ALLOW A THEATER, RESTAURANT SERVING ALCOHOL, OUTDOOR SEATING AND ENTERTAINMENT AND ANY OTHER VARIANCES REQUIRED TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL CONFORMANCE WITH SITE PLAN FOR PROPERTY LOCATED AT 1202 AND 1204- 1208 N GREEN 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 Boone Creek Crossing LLC, 1400 S Illinois Route 31, McHenry, IL 60050 requesting a Conditional Use Permit for an expanded site plan review in accordance with the downtown overlay district to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject property in substantial conformance with site plan submitted for 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 January 18, 2017 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 and is in conformance with the purpose and intent, goals, and criteria for review in the Downtown Overlay District Ordinance. 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 for an expanded site plan review in accordance with the downtown overlay district to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject property in substantial conformance with site plan submitted subject to the following conditions: • Applicant must comply with all regulations of the McHenry County Health Department; • Applicant must enter into a redevelopment agreement with the City to address the use of Walsh Park; • A topographical survey of Walsh Park must be completed to delineate the floodplain and applicant shall work with staff to obtain any required approvals, if necessary, from the Federal Emergency Management Agency prior to any site work within Walsh Park; • The alley to the north of the building shall remain a non -vehicular access for pedestrians only after construction is completed; • No outside entertainment is permitted after 10:00 pm Monday through Thursday nights, or after 11:00 pm Friday through Sunday nights; • A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity (similar to Buddyz on south side of Boone Lagoon); • The applicant shall comply with the Downtown Design Guidelines utilizing and enhancing original building elements; • In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited. SECTION 2: In granting approval the City Council finds that the proposal outlined herein 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 and is in substantial conformance with the purpose and intent, goals, and criteria for review in the Downtown Overlay District outlined in the Zoning Ordinance including: • Conformance with the City of McHenry Downtown Plan. • Conformance with the City of McHenry Downtown Design Guidelines. • Harmony and compatibility of proposed uses with neighboring properties and structures. • Relationship of the proposed activity to the existing site characteristics, e.g.: topography. • Relationship of the proposed activity to existing vehicular and pedestrian circulation. • Adverse impacts on the health, safety and welfare of the general public. • Harmony and compatibility of proposed materials and colors with neighboring properties and structures. • Inclusion of additional improvements intended to further the goals of the Downtown Plan, e.g.: landscaping, decorative lighting, etc. • Relationship to the McHenry Riverwalk (if applicable). • Benefit associated with the development of the property, related to but not limited to the following: i. Economic benefits to the City. ii. Elimination of blighted conditions. iii. Enhancements to city tax base 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 and APPROVED this 6th day of FEBRUARY 2017 Voting Aye: CONDON, PETERSON, WIMMER, CURRY, SCHAEFER, GLAB, SANTI Voting Nay: NONE Abstaining: NONE Not Voting: NONE Absent: NONE ATTEST: Ci Mayor Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 25 LEGAL DESCRIPTION THAT PART OF THE SOUTH HALF OF SECTION 267 TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY LINE OF VENICE AVENUE AT THE NORTHEAST CORNER OF LOT 1 IN BLOCK 1 IN VENICE PARK ADDITION, UNIT NO. 1, A, SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 1941 AS DOCUMENT NUMBER 152920 IN BOOK 7 OF PLATS, PAGE 68; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1, 227.7 FEET, MORE OR LESS, TO THE NORTHERLY SHORE LINE OF BOONE LAGOON; THENCE WESTERLY ALONG SAID NORTHERLY SHORE LINE 50 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE, OR SAID WESTERLY LINE EXTENDED SOUTHWESTERLY, OF SAID LOT 1; THENCE NORTHWESTERLY ALONG SAID NORTHERLY SHORE LINE 30,35 FEET, MORE OR -LESS, TO A POINT ON THE EASTERLY PARCEL CONVEYED O ELIZABETH COLES, DEED RECORD BOOK 347, PAGE316; HENCE NORTHEASTERLY ALONGSAID EASTERLY LINE 40.0 FEET TO A POINT; THENCE NORTHWESTERLY ON A LINE FORMING AN ANGLE OF 88 DEGREES AND 09 MINUTES TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, 17.5 FEET TO A POINT, WHICH POINT IS ON THE NORTH LINE OF SAID PARCEL OF LAND CONVEYED BY KATHRYN M. SELLER TO ELIZABETH COLES; THENCE NORTHWESTERLY ALONG THE NORTH LINE OF SAID PARCEL OF LAND, 112.2 FEET TO A POINT ON THE EASTERLY LINE OF .-GREEN* SfflffrFi �'fti'�i5 — v,2TituCTEi.L-'{�LJi'^s" Ii[ :c(' ii'E G�E?LS�R s.;4n FEET TO A POINT; THENCE CONTINUING NORTHEASTERLY ALONG THE EASTERLY LINE OF GREEN STREET, 14.26:FEET TO A POINT; THENCE SOUTHEASTERLY 108,65 FEET TO A POINT WHICH IS THE SOUTHEASTERLY CORNER OF A PARCEL OF LANQ CONVEYED BY CHARLES S. OWEN AND WIFE TO JOHN F. BRDA BY DEED RECORD BOOK 251; PAGE 61; THENCE CONTINUING SOUTH— EASTERLY ON SAID LAST DESCRIBED LINE A DISTANCE OF 41.2 FEET TO A POINT, WHICH POINT IS ON THE EASTERLY LINE, EXTENDED NORTHEASTERLY, OF SAID PARCEL OF LAND CONVEYED BY KATHRYN M. SELLER TO ELIZABETH COLES BY DEED RECORD BOOK 347, PAGE 316; THENCE NORTHEASTERL" ON A LINE FORMING AN INTERIOR ANGLE TO THE LEFT WITH SAID LAST DESCRIBED LINE OF 78 DEGREES AND 12 MINUTES, 72.4 FEET TO A POINT, WHICH POINT IS ON THE SOUTHERLY LINE, EXTENDED WESTERLY, OF SAID VENICE AVENUE; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, EXTENDED WESTERLY, OF SAID VENICE AVENUE, 10.4 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 IN BLOCK 1 IN VENICE PARK ADDITION, UNIT NO.\ 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1, 53.41 FEET TO THE PLACE OF BEGINNING, ALL IN McHENRY COUNTY, ILLINOIS, That part of the South Half of Section 26, described as follows ,+` Beginning at -the Southwest corner of Block 24 in the former village, now City of McHenry; thence South, 24 degrees West along the Easterly line of Green Street, 1.72 chains; thence South 21 degrees West,, along said Easterly line of Green Street, 61 links; thence South 20 degrees West along said Easterly line -of Green_Street, 1.34 chains to the Northwest corner and place of beginning of this de� scription and the Southwest corner of a tract of land formerly conveyed by Owen to Nordquist and Weber; thence South 51 degrees .East,& along said Nordquist and Weber lands 1.70 chains; thence North, 24 degrees East,.24 feet to the Southerly line of the Theatre Building; thence South 52 degrees East, along the Southerly line and Southerly line extended of said Building, 20.1 feet to the existing cyclone fence; thence South 27 degrees, 52 minutes'West along said fence, 59 feet to Northerly face of the seawall along the Northerly edge of Boone Creek; thence North•62a degrees, 56 minutes West.along the North~ erly face. .and Northerly face extended of said seawall. 119ee8 feet to the Easterly line of Green Street; thence North, 26 degrees East along said Easterly line of Green Street, 61.4 feet to the'place of beginning. (except that part of the above premises which may fall within those Premises described as follows: Beginning at the Southeasterly corner of a parcel of -land conveyed by Charles S. Owen and wife, to John Fee Brda by Deed Record 251, page 61, and running thence Southeasterly along the East line of a parcel of land conveyed by Owen to Roy J. Miller by Deed Record 244, page 616 for a distance of 36.7 feet to an angle in said East line; thence Southwesterly along said East line of parcel so conveyed to a point in the Easterly line of a parcel of lance conveyed by crederick'Be?ler by Deed Record 169, page 135, to John W. Smith, said point being 26.0 feet Northwesterly (measured along the said Easterly line) from the Southeasterly corner of parcel so conveyed; thenoe Southeasterly along said Easterly line of parcel so conveyed, 200'..G feet to the Southeast corner thereof, thence West- erly 17.0 feet to the Southeast corner dof Lot 30 of the County Clerk's Plat of part of the South Half of Section 26,, according to the Plat thereof recorded May 6, 1902, in Book 2 of Plats, page 38; thence Southwesterly to a point in the Northerly line of a -parcel of land. conveyed by Kathryn M. Beller to Elizabeth Coles, by Deed Record 347 page 316, said point being 112.2 feet Southeasterly from the North- west corner of parcel so conveyed; thence Southeasterly along a line that forms an angle of 82 degrees, 25 minutes to the left, with the prolongation of the, last described course 17.5 feet; thence along a line that forms an angle of 91 degrees, 51 minutes to.the left with the prolongation of the last described course, 91_3 feet to'a paint in the Southerly line extended of a parcel of land conveyed by Charles S. Owen and wife, to Brda, Deed Record 251, page 61; thence Northwesterly along said Southerly line extended, 41.2.feet to the place of begi_nning).a_ll of the above property being in' Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. LEGAL DESCRIPTION THAT PART OF THE SOUTH HALF OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS$ BEGINNING ON THE SOUTHERLY LINE OF VENICE AVENUE AT THE NORTHEAST CORNER OF LOT 1 IN BLOCK 1 IN VENICE PARK ADDITION, UNIT NO. 11 A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 1941 AS DOCUMENT NUMBER 152920 IN BOOK 7 OF PLATS, PAGE 68; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1, 227.7 FEET, MORE OR LESS, TO THE NORTHERLY SHORE LINE OF BOONE LAGOON; THENCE WESTERLY ALONG SAID NORTHERLY SHORE LINE 50 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY LINE, OR SAID WESTERLY LINE EXTENDED SOUTHWESTERLY, OF SAID LOT 1; THENCE NORTHWESTERLY ALONG SAID NORTHERLY SHORE LINE 30.35 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY LINE OF A PARCEL OF LAND CONVEYED BY KATHRYN M. BELLER TO ELIZABETH COLES, DEED RECORD BOOK 347, PAGE 316; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE 40.0 FEET TO A POINT; THENCE NORTHWESTERLY ON A LINE FORMING AN ANGLE OF 88 DEGREES AVD 09 MINUTES TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, 17.5 FEET TO A POINT, WHICH POINT IS ON THE NORTH LINE OF SAID PARCEL OF LAND CONVEYED BY 'CATHRYN M. BELLER TO ELIZABETH COLES; THENCE NORTHWESTERLY ALONG THE NORTH LINE OF SAID _PARCEL OF LAND, 112.2 FEET TO A POINT ON THE EASTERLY LINE OF ,} :_ ._ �.,..,�-'1_I.r.Af..-rr:OL,L..A {.:'`-FI.II._T+ 1�_�TAtSt=.RL.\[- J.!Al�.. --�EiJ- Sz-RE-ET;. lii LIVIiL IT,V 11i1'i Cl 1.i1LI� I !1L IYV II L L.ti.+. Liles, Li,.t 4i T♦ - - FEET TO A POINT; THENCE CONTINUING NORTHEASTERLY ALONG THE EASTERLY LINE OFF GREEN STREET, 14.261FEET TO A POINT; THENCE SOUTHEASTERLY 108.65 FEET TO A POINT WHICH I5 THE SOUTHEASTERLY CORNER OF A PARCEL OF LANQ CONVEYED BY CHARLES S. OWEN AND WIFE TO JOHN F. BRDA BY DEED RECORD BOOK 251, PAGE 61; THENCE CONTINUING SOUTH- EASTERLY ON SAID LAST DESCRIBED LINE A DISTANCE OF 41.2 FEET TO A POINT, WHICH POINT IS ON THE EASTERLY LINE, EXTENDED NORTHEASTERLY, OF SAID PARCEL OF LAND CONVEYED BY KATHRYN M. BELLER TO ELIZABETH COLES BY DEED RECORD BOOK 347, PAGE 316; THENCE NORTHEASTERL" ON A LINE FORMING AN INTERIOR ANGLE TO THE LEFT WITH SAID LAST DESCRIBED LINE OF 78 DEGREES AND 12 MINUTES, 72.4 FEET TO A POINT, WHICH POINT IS ON THE SOUTHERLY LINE, EXTEINDED WESTERLY, OF SAID VENICE AVENUE; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, EXTENDED WESTERLY, OF SAID VENICE AVENUE, 10.4 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 IN BLOCK 1 IN VENICE PARK ADDITION, UNIT N0.'%\1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1, 53,41 FEET TO THE PLACE OF BEGINNING, ALL IN McHENRY COUNTY, ILLINOIS, That part of the South Half of Section 26, described as follows: Beginning at the Southwest corner of Block 24 in the former Village, now City of McHenry; thence South, 24 degrees West along the Easterly line of Green Street, 1.72 chainss thence South 21 degrees West, along said Easterly line of Green Street, 61 links; thence South 20 degrees West along said Easterly line.of Green_.Street, 1.34 chains to the Northwest corner and place of beginning of thisi de� a%r ipt lon and the Southwest corner at a tract of land formerly conveyed by Owen to Nordquist and Weber; thence South 51 degrees East, along said Nordciuist and Weber land, 1.70 chains; thence North, 24 degrees East,.24 feet to the Southerly line of the Theatre Bu.11dincg� thence South 52 degrees East, along the Southerly line. and Southerly line extended of said Building, 20.1 feet to the existing cyclone fence; thence South 27 degrees, 52 minutes�West along said fence, 59 feet to Northerly face of the seawall along the Northerly edge of Boone Creek; thence North°62 degrees, 56 minutes West .along the North erly face .and Northerly face extended of said. seawall, 119.8 feet to the Easterly line of Green Street; thence North, 26 degrees East along said Easterly line of Green Street, 61.4 feet to the place of beginning (except that part of the above premises which may fall within those premises described as followsa Beginning at the Southeasterly corner of a parcel of land conveyed by Charles S. Owen and wife, to John F. Brda by Deed Record 251, page 61, and running thence- Southeasterly - along the East line of a parcel of land conveyed by Gwen.to Roy Ja Miller by Deed Record 244, page 618 for a distance of 36.7 feet to an angle in said East line; thence Southwesterly along said East line of parcel so conveyed to a point in the Easterly line of a parcel of land conveyed by S rederick Bell er .by Deed Record 169, page 135, to John W. Smith, said paint being 26.0 feet Northwesterly ;measured along the said Easterly line) from the Southeasterly corner of parcel so conveyed.; thence Southeasterly along said Easterly line of parcel so conveyed, 2'0-.-0. feet to the Southeast corner thereof " thence West- erly 17.0 feet to the Southeast corner of Lot 30 of the County Clerk's Plat of part of the South Half of Section 26,. according to the Plat thereof recorded May 6, 1902, in Book 2 of Plats, page 38; thence Southwesterly to a point in the Northerly line of a -parcel of land conveyed by Kathryn M. Beller to Elizabeth Coles, by Deed Record 347,- page 316, said point being 112.2 feet Southeasterly from the North. west corner of parcel so conveyed; thence Southeasterly along a line that forms an angle of 82 degrees, 25 minutes to the left, with the prolongation of the last described course 17.5 feet, thence along a line that forms an angle of 91 degrees, 51 minutes to.the left with the prolongation of the last described course, 91.3 feet to a paint in the Southerly line extended of a parcel of land conveyed by Charles S. Owen and wife, to Brda, Deed Record 251, page 61; thence Northwesterly along said Southerly line extended, 41.2 feet to the place of begTn.ning-) -all of the above property being 1n TofAJns}� 7 p !1 5 North F Range G East of tlle Third Principal Meridian, in McHenry County, Illinois..