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HomeMy WebLinkAboutOrdinances - ORD-18-1866 - 04/16/2018 - CUP 1252-1254 N GreenCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1866 An Ordinance granting a Conditional Use Permit to allow an assembly use, outdoor seating and indoor entertainment at 1252-1254 N Green in the City of McHenry, McHenry County, Illinois. Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois April 16, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 16th day of April, 2018. ORDINANCE NO.ORD-18-1866 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE, OUTDOOR SEATING AND INDOOR ENTERTAINMENT AT 1252- 1254 N GREEN 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 Utopian Roast LLC, 1254 N Green Street, McHenry, IL 60050 ("Applicant,") requesting a conditional use permit to allow an assembly use, outdoor seating and indoor entertainment at 1252-1254 N Green Street on the property 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 May 17, 2017 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval of the 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: A Conditional Use Permit to allow an assembly use, outdoor seating and indoor entertainment on the Subject Property is hereby approved 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 Neumann Park; • The applicant shall comply with the Downtown Design Guidelines with regards to any exterior fagade improvements; • In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited; • No outdoor entertainment shall be permitted unless a temporary use to do so is approved by the City; • Outside seating area where food and/or alcohol is served and/or consumed shall be completely fenced with a gate. The outdoor seating area shall only be accessed through the building except in the case of an emergency. • From time to time, fence gates, tables, and chairs shall be removed from outdoor seating areas as required by the City Administrator or designee. 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. 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. APPROVED and ADOPTED this 16th day of Apri12018. Voting Aye: Schaefer, Santi, Devine, Mihevc, and Curry Voting Nay: Glab Absent: 0 ATTEST: City Clerk EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY EXHIBIT A LEGAL DESCRIPTION PARCELI: THE SOUTHWESTERLY 52 FEET OF LOT 3 IN BLOCK 24 IN THE ORIGINAL PLAT OF MCHENRY, ON THE WEST SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRICIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED . JULY 6,1840 IN BOOK B OF DEEDS, PAGE 160 IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: THE NORTHEASTERLY 16 FEET OF SUB -LOT 1 OF LOT 6 IN BLOCK 24 OF THE COUNTY CLERK'S PLAT OF BLOCK 24 AND OTHER BLOCKS IN THE ORIGINAL PLAT OF MCHENRY, ON THE WEST SIDE OF FOX RIVER (KNOWN AS MCHENRY PLAT NO. 11), ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1902 AS DOCUMENT NO. 14087, IN BOOK 2 OF PLATS, PAGE 40, IN MCHENRY COUNTY, ILLINOIS.