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HomeMy WebLinkAboutOrdinances - O-99-939 - 10/20/1999 - AMEND CUP MCHENRY VILLA 3516 W WAUKEGAN RDORDINANCE NO. 0-99-939 AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR THE MCHENRY VILLA, 3516 WEST WAUKEGAN ROAD, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a Conditional Use Permit for an "adult congregate care facility" at 3516 West Waukegan Road was approved by the City on July 31, 1985 by Ordinance MC-85-341 and 0-85-368; and WHEREAS, said Conditional Use Permit required that a minimum of 118 parking spaces be provided; and WHEREAS, a petition was filed by Maureen Annamaree, the current owner of the McHenry Villa, 3516 West Waukegan Road, for an amendment to said Conditional Use Permit to reduce the required parking from 118 to 46 spaces; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on September 13, 1999, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested amendment to the Conditional Use Permit; and WHEREAS, the City Council has considered the request and evidence and finds that the approval of the requested amendment to the 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 Conditional Use Permit for an "adult congregate care facility" at 3516 West Waukegan Road, approved by the City on July 31, 1985 by Ordinance MC-85-341 and 0-85-368, is hereby amended to reduce the required parking from 118 to 46 spaces, subject to the condition that the use of the property shall be restricted to an "adult congregate care facility" and that no change in use shall be permitted without full compliance with the parking requirements of the City of McHenry's Zoning Ordinance, and that this condition shall be recorded against the property. SECTION 2: In granting said Conditional Use Permit amendment, the City Council finds that it will be compatible with existing uses in the area and with the permitted uses in the zoning district in that: A. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. 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; C. 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. D. 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; E. 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 F. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinance 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 20th DAY OF ncroher 1 1999 AYS: Bolger, Murgatroyd, Baird. NAYS: Glab, McClatchey. ABSTAINED: None. ABSENT: None. NOT VOTING: None. APPROVED THIS 20th DAY OF October , 1999 -MAYOR ATTEST: CITY CLERK, ;