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HomeMy WebLinkAboutOrdinances - O-92-611 - 11/04/1992 - NIMC CUP CHILD DAYCARE CENTERORDINANCE NO. AN ORDINANCE 0-92-611 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: WHEREAS, an application of Northern Illinois Medical Center and NIMED Corp. ("Petitioners") for (1) the issuance of a conditional use permit under the Zoning Ordinance of the City of McHenry, Illinois for the construction and use of a child day care center and (2) a variation from Chapter III, Section 6 of the Zoning Ordinance to permit a second principal building on the single parcel described on Exhibit A hereto (the "NIMED Prop- erty") was duly filed and regularly heard by the Zoning Board of Appeals, pursuant to proper notice first having been given; and WHEREAS, the NIMED Property is zoned as 110-211, Office Park District, under the terms and provisions of the City of: McHenry, Illinois Zoning Ordinance, and the Zoning Board of Appeals issued its recommendation on the application of Petition- ers to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS as follows: SECTION 1: As to the proposed conditional use, the City Council hereby expressly finds that: a. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. b. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmen- tal effects of a type or degree not characteristic of permitted uses in the 0-2 Zoning District, have been appropriately controlled. C. Neighborhood Character The proposed use will fit harmoniously with the exist- ing natural or man-made character of its surroundings, and with permitted uses in the 0-2 Zoning District. The use will not have 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. SECTION 2: That a Conditional Use Permit is hereby granted to Petitioners to construct and to operate a child day care center on the NIMED Property. SECTION 3: That a variation of Chapter III, Section 6 of the Zoning Ordinance is hereby granted to Petitioners to permit a second principal building on the NIMED Property. SECTION 4: All ordinances or parts thereof in con- flict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 5: That all maps, plans, journals and other records including the Zoning District Map of the City of McHenry, be and the same are hereby amended to reflect the granting of: the Conditional Use Permit to the above described real estate. SECTION 6: That this ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED THIS 4th day of November, 1992. AYES: Bolger, Lieder, Smith, Adams Patterson: Serritella NAYS: None ABSTAINED. None ABSENT: Donahue, Locke NOT VOTING: None APPROVED THIS 4th day of ATTEST: November , 1992. EXHIBIT A THE NIMED PROPERTY THE SOUTH 1767.0 FEET OF THE NORTH 1867.0 FEET, AS MEA- SURED ALONG THE EAST LINE THEREOF, OF THE EAST 2251.31 FEET, AS MEASURED ALONG THE NORTH LINE THEREOF, OF THE SOUTHEAST 1/4 OF SECTION 3 AND THAT PART OF THE NORTH 1867.0 FEET, AS MEASURED ALONG THE WEST LINE THEREOF OF THE SOUTHWEST 1/4 OF SECTION 2, LYING SOUTH OF THE SOUTH LINE OF LAND CONVEYED BY WARRANTY DEED RECORDED APRIL 2, 1928 AS DOCUMENT NO. 131766, AND LYING WESTERLY OF THE CENTER LINE OF ILLINOIS STATE ROUTE 31 (EXCEPTING THEREFROM THAT PART CONVEYED BY WARRANTY DEEDS RECORDED MAY 14, 1947 AS DOCUMENT NO. 201251 AND SEPTEMBER 14, 1966 AS DOCUMENT NO. 463620), ALL IN TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THAT PART OF THE SOUTHEAST 1/4 OF SECTION 3 AND THE SOUTHWEST 1/4 OF SECTION 2, ALL IN TOWNSHIP 44 NORTH„ RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN„ DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3 (HEREINAFTER REFERRED TO AS REFERENCE POINT "A"), THE NORTH LINE OF THE SOUTHEAST 1/4 OF SECTION 3, HAVING AN ASSUMED BEARING OF DUE EAST -WEST FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 00 DEGREES 44 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3, 937.11 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST, 60.09 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 25.0 FEET AND BEING TAN- GENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT ON A LINE 451.0 FEET, AS MEASURED AT RIGHT ANGLES, NORTH-- WESTERLY OF AND PARALLEL WITH THE CENTER LINE OF STATE ROUTE 31 AS SHOWN ON INSTRUMENT RECORDED OCTOBER 7, 1927, IN BOOK 12 OF MISCELLANEOUS RECORDS, PAGE 167, IN MC HENRY COUNTY, SAID POINT ALSO BEING THE POINT OF TANGENCY FOR SAID LAST DESCRIBED CURVED LINE; THENCE SOUTH 19 DEGREES 11 MINUTES 12 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 455.19 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 164.86 FEET TO AN INTERSECTION WITH A LINE 1583.37 FEET, AS MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 684.64 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 247.53 FEET TO AN INTERSECTION WITH A LINE 1335.84 FEET, AS MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 60.0 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 205.0 FEET; " SOUTH 90" 00 " 00 WEST, 25.0 " ; " NORTH 00" 00 " 00 " EAST, 297.0 " TO A POINT 739.30 FEET WEST AND 833.84 FEET SOUTH OF REFERENCE POINT "A", AS MEASURED ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3 AND ALONG A LINE AT RIGHT ANGLES THERETO; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3,283.0 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX TO THE NORTHEAST, HAVING A RADIUS OF 872.94 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 292.32 FEET TO A POINT OF TANGENCY (THE CHORD OF SAID ARC BEARS SOUTH 80 DEGREES 24 MINUTES 24 SECONDS EAST, 290.96 FEET); THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 166.44 FEET TO THE PLACE OF BEGINNING, THAT PART OF THE SOUTHEAST 1/4 OF SECTION 3 AND THE SOUTHWEST 1/4 OF SECTION 2, ALL IN TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3, THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3 HAVING AN ASSUMED BEARING OF DUE EAST -WEST FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 00 DEGREES 44 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 3, 937.11 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE NORTH 70 DEGREES 48 MINUTES 48 SECONDS WEST, 166.44 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX NORTH- EASTERLY, HAVING A RADIUS OF 872.94 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 292.32 FEET TO A POINT OF TANGENCY; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 493.0 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 76.0 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 367.0 FEET TO A POINT OF CUR- VATURE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHEASTERLY, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 599.84 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 8.0 FEET TO A POINT ON THE SOUTH LINE OF BULL VALLEY ROAD ACCORDINGLY TO THE PLAT OF DEDICATION THEREOF RECORDED NOVEMBER 30, 1973 AS DOCUMENT NO. 607447, SAID POINT BEING 581.0 FEET, AS MEASURED ALONG SAID SOUTH LINE OF BULL VALLEY ROAD, WEST OF THE INTERSECTION OF SAID SOUTH LINE WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 3, AFORESAID; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID SOUTH LINE OF BULL VALLEY ROAD, 126.0 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 8.0 FEET; THENCE SOUTHWESTERLY ALONG A CURVED LINE CONVEX NORTHWESTERLY AND HAVING A RADIUS OF 25.0 FEET, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 599.84 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHWESTERLY, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY, HAVING A RADIUS OF 948.94 FEET AND BEING TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 317.78 FEET TO A POINT OF TANGENCY; THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 629.53 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHEASTERLY, HAVING A RADIUS OF 25.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 39.27 FEET; THENCE SOUTH 70 DEGREES 48 MINUTES 48 SECONDS EAST, 8.0 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF STATE ROUTE 31 AS ACQUIRED BY INSTRUMENT RECORDED OCTOBER 7, 1927 IN BOOK 12 OF MISCELLANEOUS RECORDS, PAGE 167; THENCE SOUTH 19 DEGREES 11 MINUTES 12 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF STATE ROUTE 31, BEING A LINE 40.0 FEET, AS MEASURED AT RIGHT ANGLES, NORTHWESTERLY OF AND PARALLEL WITH THE CENTER LINE OF SAID ROAD, 126.0 FEET; THENCE NORTH 70 DEGREES 48 MINUTES 48 SECONDS WEST, 8.0 FEET; THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 25.0 FEET, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 70 DEGREES 48 MINUTES 48 SECONDS WEST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 463.09 FEET TO THE PLACE OF BEGINNING, IN MC HENRY COUNTY, ILLINOIS.