Loading...
HomeMy WebLinkAboutOrdinances - ORD-09-1469 - 06/01/2009 - GRANT CUP OPERATE CHILD DAYCARE AND OUTSIDE STORAGORDINANCE NO.ORD-09-1469 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPIERATION OF A CHILD DAYCARE FACILITY AND OUTDOOR STORAGE OF EQUIPMENT TO BE USED 1N CONJUNCTION WITH A CHILDREN'S PLAY AREA, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Brian Maze requesting a Conditional Use Permit for a child daycare facility and outdoor storage of equipment to be used in conjunction with a children's play area, for the property located at the southwest corner of Adams Drive and Barney Court and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on Mav 7, 2009, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested 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 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit for the operation of a child daycare facilit-, and outdoor storage of equipment to be used in conjunction with a children's play area. SECTION_ 2: in granting said Conditional Use Pen -nit, the City Council finds that the requirements of "Fable 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 :coning district has been minimized. An_v 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, 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 1ST DAY OF JUNE AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: 2009 SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NONE NONE NONE NONE 1ST APPROVED THIS DAY OF ATTEST: �A_ C- CI Y C RK JUNE MAYOR 2009 Exhibit A Legal Description of the SUBJECT PROPERTY Lot 4 in Adams Commercial Centre, being a subdivision of part of the south half o Section 25, and part of the northeast quarter of Section 36, Township 45 North, Range 8 east of the third principal meridian according to the Plat thereof recorded December 8, 1999 as document Number 1999R0083506 in McHenry County, Illinois.