HomeMy WebLinkAboutOrdinances - ORD-06-1301 - 02/13/2006 - GRANT ZONING AND CUP LIVING SPRINGS SUPPORTIVE LIVORDINANCE NO. ORD-06-1301
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND
CONDITIONAL USE PERMIT FOR LIVING SPRINGS OF MCHENRY
SUPPORTIVE LIVING DEVELOPMENT
LOCATED AT 4609 WEST CRYSTAL LAKE ROAD,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Living Springs of McHenry, LLC ("CONTRACT
PURCHASER")", requesting a Zoning Map Amendment to RM-2, High -Density Multi -Family
Residential District, and a Conditional Use Permit to allow a Supportive Living Senior Housing
Development for the property owned by Kenneth and Patsy O' Halleran and legally described on "Exhibit
A", attached hereto and incorporated herein (the "SUBJECT PROPERTY") and
WHEREAS, a public hearing on said petitions was held before the Planning and Zoning
Commission on April 21, 2005, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended
denial of the requested Zoning Map Amendment but recommended that the City Council approve the
requested Conditional Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested Zoning Map Amendment
and Conditional Use Permit are 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 be granted a Zoning Map Amendment to RM-2,
High -Density Multi -Family Residential District.
SECTION 2: That the SUBJECT PROPERTY be granted a Conditional Use Permit to allow a
Supportive Living Senior Housing Development, in accordance with the Site Plan, prepared by Gleason
Architects, P.C. and dated 1/13/06, the Conceptual Landscape Plan, prepared by Manhard Consulting
Ltd., revised date 1/20/06, and the Building Elevations, prepared by Gleason Architects, P.C., revised date
1/17/06, which plans are attached hereto and incorporated collectively by reference herein as Exhibit B.
SECTION 3: In granting said Zoning Map Amendment, the City Council finds that the
requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses and zoning of
property in the environs;
2. The requested zoning classification is supported by the trend of development in the
general area;
The requested zoning classification is consistent with the objectives of the City of
McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
SECTION 4: 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 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 6: 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.
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SECTION 7: 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 13TH DAY OF FEBRUARY , 2006
AYES: SANTI, SCHAEFER,MURGATROYD, WIMMER, CONDON
NAYS: GLAB, PETERSON
ABSTAINED:
ABSENT:
NONE
NONE
NOT VOTING: NONE
APPROVED THIS 13TH DAY OF FEBRUARY
ATTEST:
U- C
CIT7
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,MAYOR
2006
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Exhibit A
Legal Description of the SUBJECT PROPERTY
LOTS 17 AND 18 IN KELTER ESTATE SUBDIVISION UNIT NO. 1, BEING A SUBDIVISION OF
PART OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14, 1949 AS
DOCUMENT NO. 218953, IN BOOK 10 OF PLATS, PAGE 112, IN MCHENRY COUNTY,
ILLINOIS.
AND
THAT PART OF THE NORTH HALF OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST,
OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 17 IN KELTER ESTATE
SUBDIVISION — UNIT 1, BEING A SUBDIVISION OF PART OF SAID SECTION 34 RECORDED
MARCH 14, 1949 AS DOCUMENT NUMBER 218953, SAID POINT ALSO BEING THE
SOUTHWESTERLY CORNER OF LOT 15 IN KELTER ESTATE SUBDIVISION — UNIT 2,
RECORDED AUGUST 4, 1951 AS DOCUMENT NUMBER 245499; THENCE SOUTH 50 DEGREES
11 MINTUES 27 SECONDS WEST, 59.91 FEET (60 FEET -RECORD) TO A POINT ON THE
NORTHEASTERLY LINE OF LOT 18 IN SAID KELTER ESTATE SUBDIVISION — UNIT 1;
THENCE NORTH 40 DEGREES 23 MINUTES 42 SECONDS WEST, ALONG SAID
NORTHEASTERLY LINE, 778.10 FEET, TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
CRYSTAL LAKE ROAD (COUNTY HIGHWAY 6) SAID LINE BEING 40.00 FEET
SOUTHEASTERLY OF AND CONCENTRIC TO THE CENTERLINE OF SAID CRYSTAL LAKE
ROAD; THENCE NORTHEASTERLY, 60.84 FEET (60.8 FEET RECORD), ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, BEING A NON -TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, A CHORD BEARING NORTH 39
DEGREES 31 MINUTES 50 SECONDS EAST, AND A CHORD DISTANCE OF 60.83 FEET TO A
POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 17; THENCE SOUTH 40 DEGREES 23
MINUTES 42 SECONDS EAST, ALONG SAID SOUTHWESTERLY LINE, 789.36 FEET (789.58
FEET — RECORD), TO THE POINT OF BEGINNING.
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