HomeMy WebLinkAboutOrdinances - O-93-636 - 09/29/1993 - TAE JO TEXT AMENDMENT CUP DRY CLEANERSDraft
#1 -
9/16/93
Draft
#2
- 9/17/93
Draft
#3 -
9/22/93
Draft
#4
- 9/29/93
0-93-636 and
ORDINANCE NO. MC-93-602 Text Amendment
STATE OF ILLINOIS )
COUNTY OF McHENRY ) SS.
CITY OF McHENRY
IN THE MATTER OF THE APPLICATION )
OF PARKWAY BANK & TRUST COMPANY, )
TRUST NO. 9644, and TAE JO FOR A )
TEXT AMENDMENT AND CONDITIONAL )
USE PERMIT UNDER THE PROVISIONS OF )
THE ZONING ORDINANCE OF THE CITY OF)
McHENRY. McHENRY COUNTY, ILLINOIS )
ZONING ORDINANCE
WHEREAS, your petitioner filed a Petition with the Zoning
Board of Appeals of the City of McHenry requesting a Text Amendment
and Conditional Use Permit for the operation of a dry cleaning
business with on - site processing in regard to the following
described real estate:
PARCEL 1: That part of the East 10.00 acres of Lot 24, and
that part of Lot 26 of the County Clerk's Plat in the East
Half of Section 27, Township 45 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof
recorded in the Recorder's Office of McHenry County, Illinois,
on May 6, 1902, in Book 2 of Plats on page 41, described as
follows: Beginning at a point on the West line of the East
10.00 acres of said Lot 24, said point also being in the
center line of State Route 120; thence Southeasterly along the
center line of said State Route 120, for a distance of 435.56
feet to a point of curve in said center line; thence
Southeasterly along said center line, being on a curve, convex
Northeasterly, for a distance of 129.70 feet, (chord measure),
to a point of intersection of said center line and the East
line of said Lot 26; thence North on the East line of said Lot
26, for a distance of 597.68 feet to a point; thence West at
right angles to the last described line at the last described
point, for a distance of 546.00 feet to a point on the West
line of the East 10.00 acres of said Lot 24; thence South
451.68 feet to the place of beginning in McHenry County,
Illinois. ALSO
r
PARCEL 2: That part of the East Half of the Southeast Quarter
of Section 27, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at a
point of intersection of the West 1 i ne of said East Half of
the Southeast Quarter of Section 27 and the center line of
State Route 120, (said point also being on the East line of
Lot 26 of the County Clerk's Plat, according to the Plat
thereof recorded in the Recorder's Office of McHenry County,
Illinois, on May 6, 1902, in Book 2 of Plats on page 41), and
running thence North on the West line thereof and on the East
line of said Lot 26, for a distance of 597.50 feet to a point,
for the place of beginning, said point being the Northwest
corner of a certain Deed recorded in the Recorder's Office of
McHenry County, Illinois, as Document No. 516310; thence East
on the North line of Document No. 516310, for a distance of
30.42 feet to a point; thence Southwesterly for a distance of
217.22 feet to a point on the West line of the East Half of
said Southeast Quarter, said point being 215.08 feet South of
the place of beginning; thence North 215.08 feet to the place
of beginning in McHenry County, Illinois.
WHEREAS, the property consists of approximately 7.34 acres and
is located at 4400 West Elm Street, McHenry, Illinois (known as
"McHenry Market Place") and is located on the North side of Route
120, to the West and South of Industrial Drive, and to the East of
Ramble Road; and
WHEREAS, the property is presently classified "C-3" Community
Commercial District pursuant to the City of McHenry Zoning
Ordinance; and
WHEREAS, a Petition was filed with the City of McHenry
requesting a hearing before the Zoning Board of Appeals on the
matters raised in the Petition; and
WHEREAS, a heari ng was hel d before the Zoni ng Board of Appeal s
in the manner and form as prescribed by Ordinance and statutes; and
WHEREAS, as a result of said hearing a Motion to approve the
Text Amendment as set forth in the Petition was approved by a
voting of five (5) to zero (0); and
WHEREAS, as a result of said hearing a Motion was made and
approved by a vote of four (4) to one (1) to approve the
Conditional Use set forth in the Petition for the operation of a
dry cleaning business with on -site processing with the further
requirement that the conditional use be limited to that area
identified on Exhibit "C" of Petitioner's Petition as consisting of
2,000 square feet and being the former location of Shamrock
Cleaners and with the further limitation that the conditional use
be limited to the term of the Lease that may be extended between
the current or any future owner of the subject property and
E
Petitioner, TAE JO; and that the conditional use be granted to
Petitioner, TAE JO, and his family and not to any subsequent owners
of the busines, who shall come before t his Board to see a
Conditional Use Permit on their own merits; and
WHEREAS, the City Council has fully reviewed the Report of the
hearing before the Zoning Board of Appeals; and
WHEREAS, the City Council in reviewing the evidence presented
before the Zoning Board of Appeals does make specific findings of
fact that:
(a) The proposed text amendment to allow as a conditional use
a dry cleaning business with processing to be performed
on site is compatible with the existing conditional uses
allowed in "C-3" and higher numbered commercial districts
and is similar in nature to the list of permitted uses in
"C-3" and higher numbered commercial districts found in
group "J" on pages 118 through 120 in the City of McHenry
Zoning Ordinance;
(b) The trend of development in the general area since the
original zoning of the effected property and since
passage of the McHenry Zoning Ordinance supports the
proposed text amendment when taking into consideration
that the amendment will be adding a dry cleaning business
use as a conditional use in a district that contains
similar type uses as permitted uses.
(c) The proposed text amendment is in harmony with the
objectives of the Comprehensive Plan of the City as used
in light of any changed conditions since the adoption of
the Plan and since the adoption of the Zoning Ordinance
itself;
(d) The proposed text amendment promotes the public interest
and not solely the interest of the Petitioner; and
WHEREAS, the City Council in reviewing the evidence does
further make a specific findings of fact that the proposed
conditional use as recommended by the Zoning Board of Appeals will
be compatible with the existing uses in the area and with permitted
uses in the zoning district in the following ways:
(a) Any adverse impact of types or volumes of traffic flow
not otherwise typical in the zoning district has been
minimized.
(b) 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
3
characteristic of Permitted Uses in the zoning district
will be appropriately controlled.
(c) 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.
(d) 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.
(e) 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.
(f ) The proposed use i s i n harmony with al 1 other elements of
compatibility pertinent to the Conditional Use and its
particular location.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of McHenry, McHenry County, Illinois, as follows:
SECTION 1: That the above recitals are incorporated into this
Ordinance.
SECTION 2: That the City of McHenry Zoning Ordinance is hereby
amended to include in Group K on page 120 in Section V, entitled
"Commercial Districts" the following as a conditional use in "C-3"
and higher numbered commercial districts:
Dry Cleaning Plant and Laundry with processing to be performed
on s ite
The City of McHenry Zoning Ordinance is further amended by
adding to the Table of "Uses Permitted by Zoning District" on page
553 of said ordinance the following land use as a conditional use
in "C-3" zoning districts:
4
r
Dry Cleaning Plant and Laundry (processing on site)
SECTION 3: That the property described herein is hereby
granted a conditional use permit to operate a dry cleaning business
with on site processing with the following conditions:
(1)
That this conditional use permit shall extend only
to
that area consisting of 2,000 square feet identified
as
the location formerly occupied by Shamrock Cleaners
on
Exhibit "C" of Petitioner's Zoning Petition;
(2)
The conditional use permit is limited to the term of
the
Lease that may be extended from time to time between
the
current or any future owner of the property
and
Petitioner, TAE JO;
(3)
The Conditional Use Permit shall be granted to
the
Petitioner, TAE JO, and his family and not to
any
subsequent owners of the business, who shall come before
this Board to seek a Conditional Use Permit on their
own
merits.
SECTION 4: This Ordinance shall be in full force and effect
from and after its passage as provided by law.
PASSED BY THE CORPORATE AUTHORITIES OF THE CITY OF McHENRY,
McHENRY COUNTY, ILLINOIS, thi s 29th day of September 1993.
VOTING AYE: Baird, Locke. Bates, Lawson. Bolger
VOTI NG NAY : None
ABSENT: None
ABSTAINED: None
APPROVED this 29th day of September , 1993.
CITY OF Mc NRY
,,l
By.
P YO
A
CITY CLERK
F:®SANDY®ZONING®TAEJOOZONING.ORD
A