HomeMy WebLinkAboutOrdinances - ORD-12-1591 - 06/18/2012 - CUP TO ALLOW DRY CLEANING W/ONSITE PROCESSING AT 3ORDINANCE NO. ORD-12-1591
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
TO ALLOW A DRY CLEANING ESTABLISHMENT WITH ON -SITE PROCESSING
FOR THE PROPERTY LOCATED AT 3412 W ELM STREET, IN THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VIL Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule
powers and functions as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Byung Sool Kim ("Best
Cleaners") requesting a Conditional Use Permit to allow a dry cleaning establishment with on -
processing for the property located at 3412 W Elm Street and legally described on Exhibit
"A" attached hereto and incorporated herein ("SUBJECT PROPERTY"); and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on May 27, 2012 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 by a vote of (5 - 1); 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 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 PROPERTY is hereby granted a conditional use permit
to allow a dry cleaning establishment with on -site processing subject to the following
conditions:
I . Prior to installation of the on -site processing equipment approved EPA permits
must be furnished to the City;
2. Prior to the use of the equipment all required inspections must successfully occur
by applicable jurisdictional agencies; City staff will work in conjunction with the
agencies involved;
3. Storage of PERC on -site shall be in accordance with applicable EPA regulations;
4. Applicant must provide City with copies of EPA permit renewals, whether
annually, bi-annually, etc.; and
5. Applicant must comply with all City ordinances and regulations including but not
limited to performance standards set forth in the zoning ordinance.
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:
I 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 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 AND APPROVED THIS 18 TH DAY OF JUNE, 2012
AYES: Santi, Schaefer, Blake, Peterson, Condon
NAYS: Glab
ABSTAINED: Wimmer
ABSENT: None
NOT VOTING: None
ATTEST:
— 'ViN \ t � �_
CITY7 __ D
144r"' e -'4-
MAYOR
The westerly
the west side
26, township
Plat thereof r,
Illinois.
Exhibit A
Legal Description of the SUBJECT PROPERTY
68.00 feet of Lots 9 and 12 in block 20 in the
of the Fox River,
45 North, Range
�corded July 8, 18
original Plat of McHenry on
a subdivision of part of the southeast quarter of Section
8 East of the Third Principal Meridian, according to the
40, in Book 8 of Deeds, Page 161, in McHe6ry County,
Property Index Number 09-26-452-015.
The subject property is zoned C-4 Downturn Commercial District.