HomeMy WebLinkAboutOrdinances - ORD-04-1221 - 08/30/2004 - GRANT CUP PIONEER CENTER GROUP HOME 1315 N DRAPERORDINANCE NO. ORD=04-1221
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A GROUP
HOME FOR THE DEVELOPMENTALLY DISABLED OPERATED BY PIONEER CENTER OF
MCHENRY COUNTY AT 1315 NORTH DRAPER ROAD, IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Pioneer Center of McHenry County
requesting a Conditional Use Permit to allow a group home for the developmentally disabled at 1315 N.
Draper Road, legally described on attached Exhibit "A", (the "SUBJECT PROPERTY"); and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on August 5, 2004, 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 recommendation 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 a group home for the developmentally disabled operated by Pioneer Center of McHenry County,
with the following conditions all of which have been agreed to by petitioner:
1. No more than eight (8) individuals shall permanently reside in the home on the
SUBJECT PROPERTY at any one time.
2. The SUBJECT PROPERTY shall only be utilized as a group home by those group home
facilities currently governed by the Federal Fair Housing Act or as amended in the future.
3. No expansion of the building footprint on the SUBJECT PROPERTY shall be permitted
without an amendment to the Conditional Use Permit.
4. The septic system on the SUBJECT PROPERTY shall comply with all requirements and
regulations as set forth by the McHenry County Health Department.
5. That any request for the construction of an additional group home on the SUBJECT
PROPERTY, in its current state or as subdivided in the future, shall comply with all
applicable local, state and federal regulations ,vith regards to group homes and be subject
to City Council approval.
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:
Any adverse impact of types or volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
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.
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 DAY OF l > 12004
AYS: BOLGER, LOW, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED: GLAB
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS _ ` _ DAY OF , 2004
MAYOR
ATTEST:
L-
ITY CL
Exhibit "A"
Legal Description of the SUBJECT PROPERTY
Lots 1 and 2 in block 1, in Woodcreek Unit No. 1, being a subdivision of the south
'/2 of the southeast % and part of the south '/2 of the southwest % of section 29,
Township 45 north, range 8, east of the third principal meridian, according to the
plat thereof recorded October 19, 1978 as document no. 750026 and re -recorded
November 17, 1978 as document no. 753025 in McHenry County Illinois.
3
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PLAT OF SURVEY
OF' PROPERTY DESCRIBED AS
LOTS I AND 2 IN BLOCK 1, IN WOOOCRELK UNIT NO 1, BEING A SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/1 AND PART OF L
7H£ SOU lH 112 CF THE SOUTHWEST 1/I OF SECTION 29. TOWNSHIP 15 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 19 1976 AS DOCUMENT NO 750026 AND RE -RECORDED NOVEMBfR 17, 19]B AS
DOCUMENT NO 75J025, IN MCHENRY COON TY, ILLINOIS
LEGEND GRAPHIC SCALE 4
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I 57EVEN L ROSSMAN, ILLINOIS PROI""ESSIONAL LAND SURVEYOR NO 35-3324, HEREBY
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TO BE SURVEYED AND MAT ACCORDING 70 ME FOUND ARTIFICIAL MONUMENTATION AND
THAT THE PLAT DRAWN HE RECN IS A TRUE AND CORRECT REPRESENTATION OF SAID SUR'"f y n0.[V[ rs ry vi e[Ery Ea.AI[D
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