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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.