HomeMy WebLinkAboutOrdinances - 20-18 - 05/04/2020 - CUP for Assisted Living at Blake/RichmondCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 20-18
AN ORDINANCE GRANTING APPROVAL OF A CONDITIONAL USE
PERMIT TO OPERATE AN ASSISTED LIVING AND MEMORY CARE
FACILITY ON VACANT 5.33-ACRE PARCEL LOCATED WEST OF THE
INTERSECTION OF BLAKE BOULEVARD AND N. RICHMOND ROAD.
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
May 4, 2020
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this Sth day of May, 2020.
ORDINANCE NO. 20-18
AN ORDINANCE GRANTING APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE AN
ASSISTED LIVING AND MEMORY CARE FACILITY ON VACANT 5.33-ACRE PARCEL LOCATED
WEST OF THE INTERSECTION OF SLAKE BOULEVARD AND N. RICHMOND ROAD.
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VIISIlli ection 6, of the Constitution of the State of , nois, 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 by Dover Development, LLC. ("Contract Purchaser")
and Meijer Stores Ltd Partnership of 2929 Walker Avenue NW, Grand Rapids, MI 49544 ("Owner
of Record") requesting a Conditional Use Permit to operate an assisted living and memory care
facility 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 April 15, 2020 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 Zoning Map
Amendment, Conditional Use Permit, and Use Variance 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 operate an Assisted Living and Memory Care Facy subject to the following conons:
1. The property owner shall install sidewalk the entire length of the north property line.
2. The property owner shall install an appropriately signed crosswalk on the northwest
corner ofthe propertythat connects to the sidewalk on the north side of Blake Boulevard.
3. All improvements including, but not limited to, those listed in the memorandum dated
April 7, 2020 (attached hereto as Exhibit "B") shall be approved by the Staff Engineer or
Director of Public Works,
4. The development shall be in substantial conformance with the site plan dated January 13,
5. All other federal, state, and local laws shall be met.
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the
Approval Criteria for Conditional Uses listed in Section 11-15-5 of the City of McHenry Zoning
Ordinance have been met:
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.
Passed this 4th day of May, 2020.
Ayes Nays Absent Abstain
Alderman Devine �
Alderman Glab k
Alderman Harding k
Alderman Miheve �-
Alderwoman Miller
Alderman Santi
Alderman Schaefer
A U .Pu4L�
Monte Johnso , Deputy City Clerk
Exhibit A
Legal Description of the Subject Property
LOT 11 IN MEIJER/HOME DEPOT SUBDIVISION, BEING A 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, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 8, 2000 AS
DOCUMENT NO. 2000R0067575, IN MCHENRY COUNTY, ILLINOIS,