HomeMy WebLinkAboutOrdinances - ORD-09-1468 - 06/01/2009 - GRANT AMEND TO CUP FOR LIVING SPRINGS OF MCHENRYORDINANCE NO. ORD-09-1468
AIN ORDINANCE GRANTING AN AMENDMENT TO EXISTING
CONDITIONAL USE PERMIT ORDINANCE ORD-06-1301 FOR LIVING SPRINGS OF
MCHENRY LOCATED ON THE EAST SIDE OF CRYSTAL LAKE ROAD, IN THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Living Springs of McHenry, LLC requesting an
amendment to existing Conditional Use Permit Ordinance ORD-06-1301 for the property legally
described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY"; and
WHEREAS, the City Council has considered the evidence and recommendations and finds
that the approval of the requested Amendment to the Conditional Use Permit 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 2: That ORD-06-1301 is hereby amended to allow a total of one hundred (100)
living units.
SECTION 4: 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:
L 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.
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 _ 1 ST DAY OF
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
C_e.
CI /Y CLER
2009
SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
GLAB
NONE
NONE
NONE
1ST DAY OF JUNE
1
AYOR
2009
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 Number 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 Principle
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 — Init 2, recorded
August 4, 1951 as Document Number 245499; Thence South 50 Degrees 11 Minutes 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.