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Home My WebLink AboutOrdinances - ORD-13-1638 - 08/19/2013 - CUP TO ALLOW OUTDOOR SEATING FOR PROPERTY AT 3343Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.1l.us ORDINANCE NO ORD-13-1638 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SEATING FOR THE PROPERTY LOCATED AT 3343 SHOPPERS DRIVE 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 Tom Berzinski, Vice President of Real Estate for Buffalo Wild Wings requesting a Conditional Use Permit to allow outdoor seating for the property located at 3343 Shoppers Drive 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 July 25, 2013 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 PROPERTY is hereby granted a Conditional Use Permit to allow outdoor seating with the conditions the site shall be developed in substantial accordance with the site and landscape improvement plans prepared by Woolpert dated December 2012 and building elevations prepared by Buffalo Wild Wings dated January 17, 2013 (west elevation) and June 7, 2013 (south and east elevations), collectively (the "SITE PLAN") attached Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.1l.us hereto and incorporated herein as Exhibit B and the outdoor patio area always remain accessible, with the exception of an emergency situation, through the restaurant only and not directly to and from the parking area. 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 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 19TH DAY OF AUGUST, 2013 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOTVOTING: None APPROVED THIS 19th DAY OF August, 2013 MAYOR ATTEST: Cl LEK--0 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property The property consists of 1.958 Acres, more or less, and is located at an outlot of the Shops At Fox River, 3340 Shoppers Drive, McHenry, IL 60050, which is legally described as follows: ALL THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE PROPERTY TAKEN BY CONDEMNATION BY THE STATE OF ILLINOIS IN CIRCUIT COURT OF MCHENRY COUNTY, CASE #73-3756, (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 03 MINUTES 03 SECONDS EAST ALONG THE NORTH LINE THEREOF, 309.21 FEET; THENCE SOUTH 18 DEGREES 22 MINUTES 24 SECONDS WEST, 219.39 FEET ALONG A NON - TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 380.00 FEET, CHORD LENGTH OF 265.47 FEET, AND BEARS NORTH 84 DEGREES 02 MINUTES 38 SECONDS WEST; THENCE SOUTH 75 DEGREES 30 MINUTES 41 SECONDS WEST, 2.75 FEET; THENCE NORTHWESTERLY, 76.10 FEET ALONG A CURVE TO TFIE RIGHT, HAVING A RADIUS OF 50.00 FEET WEST TO THE EAST LINE OF THE PROPERTY TAKEN BY CONDEMNATION BY THE STATE OF ILLINOIS IN CIRCUIT COURT OF MCHENRY COUNTY, CASE #73-3756; THENCE NORTH 17 DEGREES 17 MINUTES 18 SECONDS WEST ALONG SAID EAST LINE, 83.03 FEET TO THE NORTH LINE OF SAID SOUTHEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 26 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE, 162.58 FEET TO THE POINT OF BEGINNING), IN MCHENRY COUNTY, ILLINOIS Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit B Site Plan phqc� (5) NVId adVOSONYI SNVId 1NM3AO13dVJ1 311S 0 Eftaims mviau MSOd011cl 4s, CL ZP ly m IN I 11 '114,11 Kill ml a'I NIM uj j - ---- - ----- -- ----------------------------- 7- - ----- - - ---------------------------- - - - --- - - - - - - - TLY - - - - - --- - - - - - ---- — ------ — ------ — --- - — ------ — ------ — --- ------ - ----- — -- — ------ — ----- — ------ --- — ---- 0 i 0 4-4 --- '*I SNVld INMRAON dWI 3AS Hamne iivl3u aBSOcION4 z 7 NVId E)Nl>]'dVd 1117� SNVld INSW3 AOIddW] 3119 EMU XO:J IV SdOHS 3HI Aj 5 x V� R -4 @ o++" Millilillill HHHHHHOWHHHHHA -1— P-�-ld M-., :�p SNOUVADID M101S Ld ti 8,� Ell 1 IOU ll'A�JN3HON :Nouvool SNOUVA313 3�]OiS 12 P3 t881 Z9 .0-,ZL ------ T- 0,7� ol RHO