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HomeMy WebLinkAboutOrdinances - ORD-04-1242 - 12/13/2004 - GRANT CUP CHILD DAY CARE FACILITY 2214 W RTE 120T AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A CHILD DAY CARE FACILITY FOR THE PROPERTY LOCATED AT 2214 W. ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Francine Maze, DBA (A Child's Place) for a Conditional Use Permit for a child day care facility at 2214 W. Route 120 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 November 4, 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 PROEPRTY be granted a Conditional Use Permit for a child day care facility. Said Conditional Use Permit shall be subject to the condition that all requirements of the Department of Children and Family Services are met and a license is obtained prior to an occupancy permit being issued. 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; 10 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 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 I DAY OF,�� r 12004 AYES: BOLGER, GLAB, LOW- MURGATROYD, WTMMFR_ rnNnnu NAYS: NONE ABSTAINED: NONE ABSENT: PETERSON NOT VOTING: NONE APPROVED THIS 13� DAY OF � 92004 AYOR ATTEST: C Y CL C r' Exhibit "A" Legal Description of the SUBJECT PROPERTY THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 44 IN BLOCK 7 IN EASTWOOD MANOR UNIT 2; THENCE SOUTH ALONG THE EAST LINE OF HILLSIDE LANE, 350 FEET TO THE CENTERLINE OF STATE ROUTE 120; THENCE EAST ALONG THE CENTER OF SAID HIGHWAY, 900 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF HILLSIDE LANE, 350 FEET TO THE SOUTH LINE OF BLOCK 7; THENCE WEST ALONG THE SOUTH LINE OF SAID BLOCK 7, 900 FEET TO THE PLACE OF BEGINNING, EXCEPT THE WEST 750 FEET THEREOF; ALSO EXCEPTING THEREFROM THAT PART OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 44 IN BLOCK 7 IN EASTWOOD MANOR UNIT 2, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 17, 1956 AS DOCUMENT NO. 311472 1N BOOK 12 OF PLATS, PAGE 82, 1N McHENRY COUNTY, ILLINOIS; THENCE ON AN ASSUMED BEARING OF SOUTH 0 DEGREES, 31 MINUTES, 20 SECONDS EAST ALONG THE EAST LINE OF HILLSIDE LANE, 349.90 FEET (350.00 FEET RECORDED) TO A POINT ON THE CENTERLINE OF ILLINOIS ROUTE 120; THENCE NORTH 89 DEGREES, 28 MINUTES, 40 SECONDS EAST ALONG SAID CENTERLINE, 750.00 FEET TO THE SOUTHWEST CORNER OF THE LANDS OF THE GRANTOR FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 150.00 FEET TO THE SOUTHWEST CORNER OF THE LANDS OF THE GRANTOR; THENCE NORTH 0 DEGREES, 31 MINUTES, 20 SECONDS WEST ALONG THE EAST LINE THEREOF 50.00 FEET; THENCE SOUTH 89 DEGREES, 28 MINUTES, 40 SECONDS WEST PARALLEL WITH THE CENTERLINE OF ILLINOIS ROUTE 120 A DISTANCE OF 150.00 FEET TO A POINT ON THE WEST LINE OF THE LANDS OF THE GRANTOR; THENCE SOUTH 0 DEGREES, 31 MINUTES, 20 SECONDS EAST ALONG SAID WEST LINE 50.00 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PART TAKEN FOR HIGHWAY. ALL IN McHENRY COUNTY, ILLINOIS.