HomeMy WebLinkAboutOrdinances - ORD-06-1325 - 08/07/2006 - GRANT CUP NURSING HOME (MEMORY CARE FACILITY) ANDORDINANCE NO.ngn-m-112�
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A NURSING HOME
(MEMORY CARE FACILITY) AND VARIANCE TO ALLOW
A SECOND BUILDING ON A ZONING LOT FOR
ANGELUS EAST LOCATED AT 3300 CHARLES J. MILLER ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by PRDC, Professional Realty and Development Corporation,
requesting a conditional use permit to allow a nursing home (memory care facility) and a variance to allow a
second building on a zoning lot for the property 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 July 6, 2006, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously
recommend approval of the requested conditional use permit and variance (6-0) with one member absent;
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 conditional use permit and variance 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 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY be granted a conditional use permit to allow a
nursing home, provided the SUBJECT PROPERTY is developed in substantial accordance with the Site
Plan, Landscaping Plan and Building Elevations, attached hereto and incorporated herein as Exhibit B.
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;
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: That the SUBJECT PROPERTY shall be granted a variance to allow multiple
buildings on a zoning lot to allow a second principal building (memory care facility).
SECTION 4: In granting said variance, the City Council finds that the requirements of Table 32 of
the Zoning Ordinance have been met in that:
1. Special circumstances exist that are peculiar to the property for which the variance is sought and
that do not apply generally to other properties in the same zoning district. And these
circumstances are not of so general or recurrent a nature as to make it reasonably practical to
provide a general regulation to cover them.
2. The special circumstances referenced herein relate only to the physical character of the land or
building for which the variance is sought, such as dimension, topography, or soil conditions.
They do not concern any business or activity the present or prospective owner or tenant carries
on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such
owner or tenant or any other party with interest in the property.
3. The special circumstances that are the basis for the variance have not resulted from any act of the
applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and
undue hardship upon the applicant, as distinguished from a mere inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right
possessed by other properties in the same zoning district and does not confer a special privilege
ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the applicant's economic
return, although it may have this effect, but because without the variance the applicant will be
deprived of any reasonable use or enjoyment of the property.
7. The granting of a Variance will not alter the essential character of the locality nor substantially
impair environmental quality, property values, or public safety or welfare in the vicinity.
S. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed
conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with reasonable use
and enjoyment of the property.
All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the
extent of such conflict.
SECTION 5: 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 6: 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 7TH DAY OF AUGUST
Mo .
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER,PETERSON
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS 7TH
ATTEST:
NONE
NONE
CONDON
CONDON
i.
C CL0
DAY OF AUGUST , 2006
MAYOR
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EXHIBIT A
Legal Description
Parmi l:
That part of Section 4'fownship 44 North, Range 8 East of the T hird Principal Mcridiaa, described
as followw Commencing at the Northi est corner of the Northeast Quarter of said Section 2 and
running Umee South 01 degrees, 00 mioutt`.v, 48 wcoucls East (bearing assumed), a distance of
1312.78 feet; thence North 89 degrees 49 minutes 04 seconds Fast, a distance of 1762,95 feet for the
paint of beginning; thence South 01 degrees, 29 minutes, 22 seconds West, a d istanm of 672.10 feet;
thence South 89 dc:ytru:8, SI minutes, 29 seconds Ea.St. a distance of 36.00 feet; thence North 01
dr.Ltwcs, 29 minutes, 22 eec Dads F c a distance of 672.30 feet: thence South 89 degrees, 49
minutes, 04 seconds We-M, a dibiftue; ul' 36.01 feet to the paint of beginning. in McHenry County,
Illinois.
ALSO
Pmvel 2:
'T'hat part. of Section 2, Township 44 North, Mange 8 Last of the Third Principal Meridian, described
as follow- , C'�IIT,w oioing at the Northwest corner of the Northeast Quarter of said Section 2 and
n=ing theme South 01 degrees, 00 tnirtutes, 48 seconds East (bearing assumed), a distwice of
1312.78 feet; thence North 89 dcgrees, 49 minutes. 04 seconds Fast:, a distance of 1762.85 feet;
t.ltence South 01 degrees. 29 minutes, 27 seconds Wcst, a distance of 672.10 feet for the point of
beginning; thence continuing South 01 degrees, 29 minutes, 22 seconds, West, a distance; of 210.00
feet; thence South 89 degrms. 51 minutes, 29 seconds East, a distance of'1- 00 feet; thence North 01
degrees, 29 minutes. 22 seconds East* a distamcc of 210.00 feet; thence Nomh 89 degt�e. & 51
minutes, 29 $cconds V j:�, a distance cif 75.00 feet to The point of beginning in McHctuy County.
Illinois -
ALSO?
Pacel 3 :
'That pan of Section. 2, Township 44 N orth, Range 8 F.a o of th a- Thir d Principal Meridian. described
3,h Coliow8: (:oattme:ncing at the Northwest corner of the Northeast Quarter of mid Section 2 and
running thence South 01 degrees, po mintileq. 48 Geconds East (bearing assured) on the West line
thereof, a distance of 1312.78 feet; thenceNorth 99 clegrccrg. 49 minutes, 04 seconds East_ a distance
of 1762.95 fact; thence South 0I degrees, 29 minuics, 22 seconds 1h'zst, a distance of 672.10 feet for
the point of beginning; thence continuing South 01 degrees, 29 minutes, 22 smoads W cst, a distances
of 210.00 feet; thence North 89 degr'ca6. 5I minutes, 29 seconds West, a distance of 614.32 feet:
I1jenee Southwesterly along the curvts to the left, having a radius of 850.00 feet, for an arc distance of
254A3 feet; tbonac'lorth 01 degrees. 57 minutes 38 seconds Exist, a distance of 160.41 feet; thence
North 18 degrees, 25 minutes, Zit seeondq last, a distance of 260.00 feet, thence South 74 degrees,
43 minutes, 30 seconds f-Ast, a distance of 314.88 fecti thence South 15 degrees, 08 minutes, 3 E
seconds Wesa distance of 80.00 fect thence South 89 degrees, 31 minute:& 29 secon& Rana a
distance of SQO.00 feet to the paint of beginnin,- in McHenry County, Illinois.
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Parcel 4
That part of Set-tion 2, Tuw ship 44 North, Rang 8 East of the Third Principal Mmdian, described
as follows: Commencing at the North A--cst comer QF the-. prliartcat Quarter of said Section 2 and
running thence. S%rnaih 01 degrees, 00 minutes, 48 sac;onds Edsi, (beaTing assumed) can the West line
thereof, a distance, of 1312.79 feet; thence North fig degrees, 49 minutes, 04 seconds Fast, a distance
of 1582.95 feet for the paint of beginning: thtnc c continuiaig North 89 degrees, 49 minutes, 04
Pw.utids East. a distance of 180.00 feet; thence South 01 degrees, 29 minutes, ?? . c pncis wost, a
distance of fi77-10; thence North 89 degrees, 51 rainutes. 29 seconds Wesa, adistance of500.00 feet,
tbencc North 15 dc4grees, 08 minutes. 31 seconds F.'ast a distance of 80.00 feet; thence North 74
degrees, 43 minutes, 30 secora6 West. a clistauux of 3 14.88 feet; thence North 54 degrces, 49
mintttm, fl4 seconds East, a distance of420.t00 feet; thenceNorth 89 degrees, 49 minutes, 04 seconds
Last, a distance of l 80-00 leet; ihent e North 00 dx'br�x S, 01 minuses, 34 sewnds Feist. a distance of
116.30 feet; thonce North 02 degrees, 231 minutes, 44 sewnds, West, a distamc a of'220.24 filet to tlac
point of hcgi►ining in McHenry Counq. Illinois.