HomeMy WebLinkAboutOrdinances - ORD-07-1380.B - 06/18/2007 - AMEND CUP MEMORY CARE FACILITYORDINANCE NO. OP.D-07-1380. P
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR A NURSING HOME
(MEMORY CARE FACILITY) ORD. 06-1325
AT 3300 CHARLES J. MILLER ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City previously approved Ordinance Ord. 06-1325 granting a conditional use permit
to allow a 36-bed 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 T
WHEREAS, the current owner of the property Health Care REIT and DBA, LLC ("OWNER") is
requesting to amend the aforesaid ordinance in order to construct a 40-bed nursing home (memory care
facility) 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 finds that the approval of
the requested change to the nursing home (memory care facility) 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 the conditional use permit previously granted to the SUBJECT PROPERTY
(Ord. 06-1325) shall be and hereby is amended to allow a 40-bed nursing home (memory care facility),
provided the SUBJECT PROPERTY is developed in substantial accordance with the Site Plan and Floor
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:
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
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 18 T HDAY OF J U N E
2007
AYES: sangTI. GLABI SCHAEFE , U112GAT20YGl, 4NIfl^LAMER, PETERSON
NAYS: NONE
ABSTAINED: NONE
ABSENT: CONDON
NOT VOTING: NONE
APPROVED THIS 18 T H DAY OF J U N E , 2007
AYOR
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ATTEST:
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EXHIBIT A
Legal Description
Pat•rc.i 1
Thatpart of Section 2. Toxk-nship 44 North, Range 8 East of the 1btrd Principal Mcridian. de:;eritvd
ns folh wx. t_'olunienc.ing at the Nonhw-est corner of the Northeast Quarter of said SeeT.ion ? And
runnin;.; thence South 01 degrees, 01) n•iinwui: 49 wvvrids East (bearing assumed), a distwice of
1312.78 feet: thence North 99 degrees 49 minutes 04 seconds Fast, o distance cif 1761 RS Feet for the
Ivin! of beginning: Thcncc tic,tlth 01 deggves, 29 minutes. 22 secorAU Vh etit, n d ist fact of 672.10 feet;
ihencc tialulh 81) ,lt•Lrt:�:j I luiilutca. 2a seconds East. a distance of 36.00 feet; thence North 01
dvgv • ,. 29 ininuws. 22 seconds Fw%tt,, a distance of 672.'0 feet: thence Somb 91) dcg ccs, 49
minutes. 04 seconds WV c'.,zi, it c'Itsiaucx: of 36 01 lect to the }mint of beginning, in NlcT lenrY County,
Illinois_
ALSO
P-m-Cel 2 :
T'ltatt part of Sm ion 2, Township 44'1s-orth, Range 8 East of the Third Principal Meridiam dexribed
w iolic1 w (.'tillitI wlit.ifig at the'Northwest corner of the Northeast Quarter of said Section 2 and
running thence South 01 degrecq, tlt) numitc.c. 48 ends East (bearing assumed-). a distance of
l .i 12.'IR feet; thence Nardi 89 cic;;;rce5, 49 minutes, (14 seconds. I ast. 11 disumcc of 1 162.85 feet;
thence 5e,uth oI degn-ees. 29 minutes. 22 seconds Wcst, c1 dist3ll :c: of 672.10 feet for the point of
beg.iunin-, tfic:ncr wntintiinst South 01 de_vrees, 29 minutes. 2` seconds, West, :i distancc of210.00
feet; thence South 89 degrw:c , ;'I Ittinuws, 29 seconds C-,act, a distance of ; �.f>C) feet; thence we rtJ! ()1
dr_rves" 20 minute;. _'2 seconds East. a distance of 210 00 1cut; thence Nort?1 89 degrees, 51
ti1lr�Ut«. ��) �C'4+.tllii ���t.+1, i� dltitallC� elf I?.t1(1 feet to the Tint of beginntti In N4044 Iry Fount%',
111111ot'!;
AI.So )
Parcel
1 hat pari oi'Section Z. Township 44 Nortb, Range. 9 F.Q0 Of rhFn i hrr.l Principal \Iendian- described
d� li�llow noortct:lg at the Norihwest corner of :hc Northeast Quarter of Bald St-0 i0t1 ? 911d
running thence Sotlt,7 01 degry-s, iltt 11lincrlcts 49 ;,econds i ast (bewing assumed on the West line
tllt=rent. adistance vi' 1312-78 feet, thenceNorth 90 deprce5. 49 minutes, 04 seconds Last. adi5tmce
of 1 7619; twt; d!et!ec South l)1 dep,=: . 29 rriinutCS. 72 a distance of 672.10 feet for
•hc point of ba;itming; thence continuing South 01 degrees. 29 minute: s, 22 sccc+gels W'c:st, a ctistaticc
of 210.00 feet; thence North 89 cic trrt r5 cl minutes 29 seconds West, a distance of 61432 feet:
ifion e Southweszerly along the curve to the left. having a radius of 950.00 tact, foran arc ciigtnnce of
2541.4; fein, thcnoc, North 01 dcp.rces. 57 minutes 38 sc.cotlds 1-ast, a cli�tsnch tsi 16t1.41 feet; thence
North 18 degrrrs, 25 minute-. ?() geenn,1s t:a;t, a distance of 260-00 feet: thence South 74 degrees,
4 : minmries. 30 seconds bast, a disttince of 114.99 feet: thence South 1.5 degrees, 08 minutes, 31
secollds WCt ,t. a distance of 90.00 f�.t; the-uc,t; South 8t) dcgrees. 51 minutes, ") sccOnd, P2qt. a
diseat)cc• c}t' Soo 00 feet to the Point of beginning, in McIlenry County. Illinois.
Paror.l 4-
That glut cif Sec iiln 2,'I'vwtt51tip 44 Nurtii, Ra we 8 Fa,t of the Third Principal lkleridian, described
,is Follows.- Cornmcnncing at the North Ac'tit corncr of'th,Nurtj (%rc t Quarwr of -said Section 2 and
running thenr t South t tl decrees, 00 minutes, 48 seconds Last. (bowing assumed) can the Vest 1 ine
thereof. afdistance o1 :12.78 feet; thence North 99 dce rce,,. 41) minutes, 04 seconds East. a distance
of 1 S92.8i feet for the point of bc:pinni g, tlicn,x c•.uiltinuing North 89 degrees, 49 minirteg. 04
e�+nely Kist, a distance of 180,00 feet. thence South 01 degrees, ?9 minutr5 ?? tc co k v+ust, a
distance o{'672.10, rhence North 89 degrecs. 51 minutes. 29 seconds Vti'est, adistance of'500.00 feet;
them: North 15 dcglee5. 08 minutes, .11 seconds 1'.::qt a distance of 80.00 feet; thence forth 7.1
degrees, •t; minutes. 30 tirconcl� a dv5lawx of 514.88 feet: thence North 54 degrev;. 40
minutes, 04 gmonds F.aat, a distance of 420.00 feet, thence North 89 degrees. 49 minutes. 04 so;onds
Last, a distance of 180-00 teet. ihono North 06 def,jr-,-s, 01 n,inutes,14 seconds Fast. a distance of
111>. ;t} feet, thence North 42 degrees, L_ minutes, 1 second: tam, a dist�wc:: uf'"U ' 61i0 to tl,c:
point of bm> innme in McHenry County, Ilhnois.
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