HomeMy WebLinkAboutOrdinances - ORD-06-1311 - 05/15/2006 - GRANT CUP FOR A CHILD'S PLACE EXPANSION 2214 W RTEORDINANCE NO. ORD-06-1311
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR
A CHILD'S PLACE TO ALLOW AN EXPANSION OF THE EXISTING OUTDOOR PLAY AREA
AT 2214 W. ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City Council of the City of McHenry previously approved Ordinance 04-1242 granting a
Conditional Use Permit to allow a child care facility with outdoor play area at 2214 W. Route 120 in the City of
McHenry, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT
PROPERTY"); and
WHEREAS, Francine Maze (the "APPLICANT") has submitted a letter to the City requesting approval of
a 31' x 65' expansion to the outdoor play area 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 31' x 65' expansion to the outdoor play area 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 Ordinance 04-1242 granting a Conditional Use Permit to allow a child care facility on
the SUBJECT PROPERTY, is hereby amended to allow a 3 F x 65' expansion of the outdoor play area, which shall
be enclosed with a fence, 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 15TH DAY OF MAY 2006
AYES: SANTL GI AR, SCHAEFER_ MIIRGATROYD WTMMFR PETERSON, CONDON
NAYS: N n W E
".-MW\IN�I��i
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 15TH DAY OF MAY , 2006
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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
IN BOOK 12 OF PLATS, PAGE 82, IN 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.
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