HomeMy WebLinkAboutOrdinances - ORD-05-1291 - 10/17/2005 - AMEND CUP ANGELUS RETIREMENT HOME 3300 CHARLES MIL0.
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR
ANGELUS RETIREMENT COMMUNITY AT MCHENRY EAST, TO ALLOW A
PARKING LOT EXPANSION AT 3300 CHARLES MILLER ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City Council of the City of McHenry previously approved an ordinance granting a
conditional use permit to allow an age -restricted senior housing development at 3300 Charles Miller Road in the
City of McHenry, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT
PROPERTY"); and
WHEREAS, Tad Bulin, on behalf of Professional Realty and Development Corporation (the
"APPLICANT") has submitted a letter to the City requesting approval of a 46-space parking lot expansion on the
SUBJECT PROPERTY; and
WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the ability to
approve an expansion, alteration or amendment to a conditional use, or may send the item back to the Planning and
Zoning Commission for a public hearing; and
WHEREAS, the City Council has considered the evidence presented and fords that the approval of the
requested parking lot expansion 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, and should be approved without sending
the matter back to the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That ORD. 0-99-935, granting a Conditional Use Permit to allow an age -restricted senior
housing development on the SUBJECT PROPERTY, is hereby amended to allow the expansion of the existing
parking lot in accordance with the site plan (the "SITE PLAN"), attached hereto and incorporated herein as Exhibit
"B„
SECTION 2: In granting said amendment to the 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.
PASSED THIS 17TH DAY OF OCTOB ER , 2005
NAYS:
ABSTAINED:
ABSENT: C O N D O M--
NOT VOTING:
NONE
APPROVED THIS 17TH DAY OF OC:TOBER 12005
AYOR
ATTEST:
EXHIBIT A
Legal Description
P3FCei i s
That pan of Section 2.'Co«nship 44 North, Range 9 Fast of the Third Principal Meridian, described
as fallnwx, Commencing at the North,+.-e,,t corner of the ,' ortheast Quarter of said Section 2 and
running thence South 01 degrees, 00 minuloi, 48 seconds East (bearing assumed), a distanm of
312.78 feast; thenceNcnth 89 degrees 49 minutes 04 seconds Fast, o distnnce of 176? 85 feet for the
paint of beginning: thence Sonrh 01 deggrees, 29 minutes. 22 seconds West, a d istancx of 672.10 fbet;
thence Sawh 81) rfcyrd.k:s, } 1 inintacs. 29 seconds East, a distance of 36.00 feet; thence North 01
ctc:�tt'es, 29 minutes, 22 seconds r=t, a distance of 672_ 30 feet: thence Somb 97 degrees, 49
minutes, 04 seconds V4'cst, a di ,tauc u ul' 36.01 feet to the paint of beginning, in McHenry County,
Illinois.
ALSO
Parcel 2:
That part of Sectinn 2, Township 44 North, Rant S Ea$t of the Third Principal I�icridiaa, described
asfollows; C ")IF1111041 ing at tht 'Northwest corner of the Northeast Quarter of said Section 2 and
rurniing thence South 01 degrees, 00 t1jim1teS. 48 seconds East (bearing assumed), a diCumce of
1.; 1238 feet; thence North 89 clugmes, 49 minutes. 04 seconds F.aat, a distance of 1 *162.85 feet;
thence South 01 degrees. 29 minutes, 22 seconds Wcst, r, distance of 672.10 feet for the point of
begilutini;; t1w=- continuing. South 01 degrees, 29 minutes. 22 scconds, West, a distance of 210.00
feet; thence South 89 degrees. 31 rztinutes, 29 seconds Fist, a distance of ' `0 feet; thence Notch 01
deia°ees, 29 minutes. 22 seconds East_ a distance of 2110.00 feat; thunee Nort;i 89 debris. 51
stance of 7 5.00 feet to the point of beginning in Mcll,-ary County,
nnin7ites. ?.9 seccwnJs ��lcst, a di
Illinois.
,ALSO
Parcel 3:
'Fliat part of Section 2, Tvwnship 44 Aorta. Range 8 F.40 of rlr Thktd Principal Meridian, descriW
as (.:11,ttntencing at the Nonb%Vest corner of the Northeast Quarter of said Scxction 2. �Ild
running thence South 01 degrees, 00 tt,iruitf:5. 48 scconds East (bearing assunieci) on the West line
thereof, a distance of 1312.78 feet; thence North N dearreR, 49 minutes, 04 seconds East, a distance
of 176 ..95 fart, thence South 01 degrees, 29 minutes, -72 scconds 1h! nt, s distance of 672.10 feet fAr
the paint ofbcghming; thence continuing South 01 degrees. 29 minutes, 22 sc.wuds W vGst, a distance
of210.00 feet; thence North 89 dcarrrs, �1 a}ittwtes. 29 seconds 1%rest. a distance of 614.32 feet:
tlrcttce 5ottthwesrerlx along the t •ttrve to the left. having a radius of 850.00 feet, for an are distance of
254.43 feer; thence'North 01 degrees, 57 minutes 38 scconds East, a distat'ic e of 160.41 feet; thence
North 18 degrees, 25 tninutes. 20 seconds l ter, a distance of 260.00 feet; thence South 74 degrees,
43 minutes, 30 seconds 'best, a distance of 314.88 feet- thence South 15 degrees. 08 minutes, 31
seconds t art. a distance of 90.00 fccx; thence South 89 degrees, 51 minutes, 29 scconds Pirgt., a
distanrx of 500,00 feet to the paint of beginning, in Mcllenn• County. Illinois.
Parcel 4-
That part of Section 2, Towmttip 44 tiurth, Range 8 East of the Third Principal Mcriciian, dascribcd
ns fi flows: Commnicing at the Northwest corner of lk,c h ortbce *t Quarter of said Section 2 and
running thettice !s'nWh 01 dues, 00 minutes, 48 seconds Cast_ (hearing assumed) on the West line
thereof, a distance of 1312.78 feet; nccnce North 89 dceives, 49 minutes, 04 seconds E$st, a distance
of l �82.85 feet for the paint of beginning. thurcc, roittinuutg North 89 dc;recs, 49 minutes, 04
W'Lx►flas Fast, a distance of 180,00 feet; thence South 01 degrees, 29 minutes, ??, si2.k:v ds l+v*t, a
distance of672,.10, thence North 89 dmccs, 51 minutes. 29 seconds West, adistanre of 500.00 %et;
theuc-: North 15 cic=arees, 08 minutes. 11 recnnds I-.agt a distance of 80.00 fmt; thence North 74
degrees, 43 minutes, 30 secw)& Wk%c i, :a Jiblaiwx; of 314.88 feet, thence North S4 degrees, 49
minutes, 04 wonds Fast, a distance of420.00 feet: them eNerth 89 degrees, 49 minutes. 04 seconds
Last, a diaanc:e of 180.00 feet, thene� North 06 degm-es, 01 minutes, 34 seconds Fast, a distance of
116.30 feet, thence North 02 degrees, 231 minutes, 44 seconds West, a dist=ir of.7,20.70 fwt to the.
point of he ,inning in mcHcnry County. Iliinois.
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