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HomeMy WebLinkAboutOrdinances - ORD-05-1245 - 01/17/2005 - GRANT CUP RENAL CARE DIALYSIS CLINIC 4312 W ELM STORDINANCE NO. ORD-05-1245 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A RENAL-CARE/DIALYSIS CLINIC AT 4312 W. ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Bio-Medical Applications of Illinois, Inc requesting a conditional use permit for a renal-care/dialysis clinic for the property located at 4312 W. Elm Street, which is 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 December 16, 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 SU13JECT PROPPRTY is hereby granted a conditional use permit for a renal -care/ dialysis clinic. 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; 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. 17TH JANUARY PASSED THIS DAY OF _ , 2005 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, CONDON. NAYS: NONE ABSTAINED: NONE ABSENT: PETERSONN NOT VOTING: NONE 17TH JANUARY APPROVED THIS DAY OF 12005 ATTEST: l I LE AYOR e '�4— 7 Exhibit A Legal Description of the SUBJECT PROPERTY That part of the East %a of the Southeast 1/ of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the West line of said East 1/2 of the Southeast 1/ of Section 27 and the center line of State Route 120, (said point also being on the East line of Lot 26 of the County Clerk's Plat, according to the Plat thereof recorded in the Recorder"s Office of McHenry County, Illinois, on May 6, 1902 in Book 2 of Plats, on Page 41); and running thence North on the West line thereof and on the East line of said Lot 26, for a distance of 597.50 feet to a point; thence Easton aline forming an angle of 89 degrees and 59 minutes to the right with a prolongation of the last described line, at the last described point, for a distance of 306.18 feet to a point of curve; thence Southeasterly on a curve, convex Northeasterly and having a radius of 29.32 feet, for a distance of 43.20 feet, chord measurement, to a point of tangency; thence Southerly tangent to said curve, at the last described point, for a distance of 289.80 feet to a point of curve; thence Southerly on a curve, convex Westerly and having a radius of 1610.31 feet, for a distance of 116.92 feet, chord measurement, to a point of tangency; thence Southeasterly tangent to the last described curve, at the last described point, for a distance of 281.42 feet to a point in the center line of said State Route 120; thence Northwesterly on the center line of said State Route 120 and being on a curve, convex Northeasterly, for a distance of 323.58 feet, chord measurement, to the place; of beginning, (excepting from the above described property that part of the East % of the Southeast 1/ of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the point of intersection of the center line of F.A. Route 21 (Illinois Route 120) with the center line of Industrial Drive; thence Northerly along the said center line of Industrial Drive, for a distance of 90.0 feet; thence Westerly along a line which is normal to the said center line of Industrial Drive, for a distance of 16.5 feet to the place of beginning of this description; thence continuing Westerly along the prolongation of the last described course, for a distance of 35.25 feet; thence Southwesterly along a line which is radial to the said center line of F.A. Route 21 (Illinois Route 120), for a distance of 6.86 feet, more or less, to a point on the existing right of way line of Old Woodstock and McHenry Road; thence Southeasterly along the said existing right of way line of Old Woodstock and McHenry Road, for a distance of 44.34 feet to the point of intersection with a line drawn parallel with and 16.5 feet normally distance Westerly of the said center line of Industrial Drive; thence Northerly along the last described parallel line, for a distance of 29.21 feet to the place of beginning; Also (Excepting that part of the East % of the Southeast 1/4 of Section 27, described as follows: Commencing at the point of intersection of the West line of said East 1/2 of tree Southeast 1/ of Section 27 and the center line of Illinois Route 120, (said point also being on the East line of Lot 26 of the County Clerk's Plat, according to the Plat thereof recorded May 6, 1902 in Book 2 of Plats, page 41), and running thence North on the West line thereof and on the East line of said Lot 26, for a distance of 597.50 feet to a point for a place of beginning, said point being the Northwest corner of a certain deed recorded in the Recorder's Office of McHenry County, Illinois as Document Number 516310; thence East on the North line of Document Number 516310, for a distance of 30.42 feet to a point; thence Southwesterly, for a distance of 217.22 feet to a point on the West line of the East 1/2 of said Southeast 1/, said point being 215.08 feet South of the place of beginning; thence North 215.08 feet to the place of beginning), all in McHenry County, Illinois. Property Index Numbers: 09-27-406-005; 09-27-406-006; 09-27-406-008; 09-27-406-009 and 09-27-406-010.