HomeMy WebLinkAboutPacket - 01/29/2020 - Planning and Zoning Commission
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PLANNING AND ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, January 29, 2020
TIME: 7:30 p.m.
PLACE: McHenry Municipal Center
(Council Chambers)
333 South Green Street, McHenry, IL 60050
AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Input – (five minutes total on non-agenda items only)
5. Consideration of Approval of Meeting Minutes: December 18, 2019 Regular Meeting
6. Z-959 – Zoning Map Amendment to C-5 (Highway Commercial) upon Annexation,
Conditional Use Permit and Use Variance
Applicant: Mark and Georgene Reinwall, 3816 W. Bull Valley Rd., McHenry, IL 60050
and Reinwall Revocable Living Trust dated 7/2/18 (Property Owner)
Requested Action: Approval of a request for a Zoning Map Amendment to C-5 (Highway
Commercial) after Annexation to the City of McHenry, Conditional Use Permit to Allow
for Outside Storage in Conjunction with a Contractor’s Office, and Use Variance to Allow
Maintaining a Residence on the Property for a Period not to Exceed Fifteen (15 years) for
Mark’s Tree Service, located at 3816 W. Bull Valley Rd.
Location of Subject Property: The Subject property is located at 3816 W. Bull Valley
Road, the northwest corner of Bull Valley Road and Knox Drive.
7. Staff Report: Next Meeting Date: February 19, 2020 at 7:30 p.m.
8. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
December 18, 2019
Chairman Strach called the December 18, 2019 regularly scheduled meeting of the City of
McHenry Planning and Zoning Commission to order at 7:33 p.m. In attendance were the
following: Doherty, Gurda, Lehman, Strach, Sobotta, and Thacker. Absent: Walsh. Also in
attendance were Director of Economic Development Martin and Economic Development
Coordinator Wolf.
Chairman Strach opened the public portion of the meeting at 7:34 p.m. There was nobody in
attendance who wished to address the Commission with public comment.
Approval of Minutes
Motion by Thacker seconded by Sobotta to approve the October 16, 2019 Regular Meeting
minutes of the Planning and Zoning Commission as presented:
Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Walsh.
Motion carried 6-0.
Public Hearing: Robert E. Freund
File No. Z-957
1208 Charles Street
Zoning Map Amendment to RM-1 (Low Density Multi-Family Residential) upon Annexation to
the City of McHenry
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No. Z-957 an
application for a Zoning Map Amendment to RM-1 (Low Density Multi-Family Residential) upon
Annexation to the City of McHenry at the property located at 1208 Charles Street.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
November 27, 2019. Notices were mailed to all abutting property owners of record as required
by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of
Compliance with notice requirements are on file in the City Clerk’s Office.
In attendance was Mr. Robert Freund, 502 Kent Rd, McHenry, IL stating he is seeking to have his
property at 1208 Charles St. rezoned.
Planning and Zoning Commission
December 18, 2019
Page 2
Director of Economic Development gave the Staff report stating the subject property is zoned
R-1 Residential in unincorporated McHenry County and consists of a two-family (multi) family
dwelling unit, with a three-bedroom unit on the upper floor and two-bedroom unit on the
lower floor. The applicant currently owns the home on Charles Street in unincorporated
McHenry County and recently connected to City sewer. They are now seeking annexation to
the City and rezoning to RM-1, Low-Density Multi-Family Residential.
The character of the area near the subject property consists of primarily residential land uses to
the north, south and west of the subject property. The property to the east is the McHenry
VFW. The applicant is seeking to annex and zone the property as it currently is. In accordance
with the City’s zoning ordinance the property will be zoned RM-1, Low-Density Multi-Family
Residential.
Director Martin stated staff recommends approval of a Zoning Map Amendment from E Estate
to RM-1 Low Density Multi-Family Residential upon annexation to the City of McHenry with no
conditions being placed on the requested zoning map amendment; and staff finds that the
requirements in Table 33 (Zoning Map Amendments) of the Zoning Ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission. There were no
questions from the Commissioners.
Chairman Strach opened the floor to questions and comments from the audience. There was
nobody in attendance who wished to address the Commission regarding this matter. Chairman
Strach closed the public comment portion of the hearing at 7:40 p.m.
Motion by Doherty seconded by Lehman to recommend to the City Council with regard to File
No. Z-957, approval of Zoning Map Amendment from E Estate to RM-1 Low Density Multi-Family
Residential upon annexation to the City of McHenry, and that the requirements in Table 33
(Zoning Map Amendments) of the Zoning Ordinance have been met.
Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Walsh.
Motion carried 6-0
Chairman Strach closed the Public Hearing regarding File No. Z-957 at 7:42 pm.
Planning and Zoning Commission
December 18, 2019
Page 3
Approval of Annual Meeting Schedule
2020 Planning and Zoning Commission Meetings
JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M.
29 Wednesday 19 Wednesday 18 Wednesday
APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M.
15 Wednesday 27 Wednesday 17 Wednesday
JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M.
15 Wednesday 19 Wednesday 16 Wednesday
OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M.
21 Wednesday 18 Wednesday 16 Wednesday
Motion by Sobotta, seconded by Doherty, to approve the 2020 regular meeting schedule of the
Planning and Zoning Commission, as presented:
Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Walsh.
Motion carried: 6-0.
Staff Report
Director Martin asked for volunteers for the steering committee for the Fox River Corridor Plan.
Commissioners Strach and Sobotta volunteered. Director Martin also submitted a grant
application through CMAP to update our comprehensive plan and learned we are finalists for a
full update to the plan, excluding the map.
Adjournment
Motion by Sobotta seconded by Thacker to adjourn the meeting at 7:45 p.m.
Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Walsh.
Motion carried 6-0.
The meeting was adjourned at 7:45 p.m.
Planning and Zoning Commission
December 18, 2019
Page 4
Respectfully submitted,
__________________________________
Shawn Strach, Chairman
City of McHenry
Planning & Zoning Commission
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-959 ZONING MAP AMENDMENT TO
C-5 HIGHWAY COMMERCIAL DISTRICT UPON
ANNEXATION, CONDITIONAL USE PERMIT FOR
OUTSIDE STORAGE, USE VARIANCE TO ALLOW SINGLE-
FAMILY RESIDENTIAL]January 29, 2019
1
Applicant
Mark E. and Georgene L. Reinwall
3816 W Bull Valley Road
McHenry, IL 60050
Requested Action
The applicants are requesting a Zoning Map Amendment upon Annexation to the C-5 Highway
Commercial District, a Conditional Use Permit for Outside Storage in conjunction with a contractor’s
office, and a Use Variance to allow a single-family residence for a period of up to fifteen (15) years for the
property located at 3816 W Bull Valley Road.
Site Information
Location and Size of Property
The subject property is located approximately 337 feet east of the intersection of West Bull Valley Rd and
IL Route 31 consisting of 1.4 acres more or less.
Comprehensive Plan Designation
Commercial
Existing Zoning and Land Use
The subject property is currently zoned A-1 Agriculture District in unincorporated McHenry County. The
applicants currently occupy the single-family residence and operate Mark’s Tree Service on the subject
property – a residential and commercial tree removal service.
Adjacent Zoning and Land Use
North: C-5 Highway Commercial District, Retail Strip Center (Meat & Potato Eatery, Brunch Café).
South: Unincorporated McHenry County (B-1 General Business District), Institutional Land Use
(Alliance Bible Church).
East: C-3 Community Commercial District, Vacant Land.
West: C-5 Highway Commercial District, Retail Strip Mall (Express Cleaners, Taco & Burrito
Express, UPS Store, Great Clips, Sam’s Liquor & Wine) and a BP Gas Station.
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-959 ZONING MAP AMENDMENT TO
C-5 HIGHWAY COMMERCIAL DISTRICT UPON
ANNEXATION, CONDITIONAL USE PERMIT FOR
OUTSIDE STORAGE, USE VARIANCE TO ALLOW SINGLE-
FAMILY RESIDENTIAL] January 29, 2019
2
BACKGROUND
According to the plat of survey, the property contains a frame garage, a two-story frame building, asphalt,
concrete, and gravel with an approximate impervious surface foot print of 28,900 square feet (59.2%).
The applicants currently occupy the single-family residence on the property which also serves as the
headquarters for Mark’s Tree Service – a commercial and residential tree removal service. According to
the applicants’ business website, Mark’s Tree Service has been serving the greater McHenry area since
1987.
According to McHenry County Aerial Photography, the outside storage of commercial vehicles and
equipment began sometime in 2013. The outside storage continued to expand further north into the
subject property once the construction of Knox Drive was completed in 2015. The applicants added
approximately 17,700 square feet of impervious surface to accommodate additional outside storage.
The subject property currently has an open Request for Enforcement (RFE) with McHenry County for the
operation of a landscape business without a conditional use permit. Additionally, a Stormwater
Management Permit was not applied for the impervious surface expansion. Although the property is in
violation of the McHenry County Stormwater Management Ordinance, the County is not pursuing this
violation because of the pending Annexation Agreement with the City. If the City Council approves the
Annexation Agreement, this would resolve the open RFE and the Stormwater Management Ordinance
violation. Any future expansion of the impervious surface footprint would require a Stormwater
Management Permit from the City.
STAFF ANALYSIS
The proposed Zoning Map Amendment to the C-5 Highway Commercial District is consistent with the City
of McHenry’s Future Land Use Map Designation of Commercial. The surrounding land uses consists of
vacant land, institutional (Alliance Bible Church), and commercial. The existing site is screened with
arborvitae trees behind a chain-link fence. The elevation of the subject property is 10 feet lower more or
less than the adjacent properties to the north and west. This change in elevation also provides natural
screening. Staff believes the existing screening as identified in the attached aerial and perimeter
photography is appropriate for the site. Staff also believes the continued operation of the existing tree
removal service with a Conditional Use Permit for outside storage would have minimal impact on the
surrounding land uses.
Staff does not object to the applicants’ request for a Use Variance to allow a single-family residence on
the property for a period of fifteen (15) years. However, staff would recommend the occupancy of the
existing single-family residence be limited to the current property owners (Mark E. and Georgene L.
Reinwall) in lieu of a timeframe requirement. If the applicants’ request is not approved, then the use
would be deemed nonconforming and subject to §11-16-3 of the Zoning Ordinance. The applicants would
not be able to repair or replace the single-family residence if damaged or destroyed to the extent of 33%
or more of its equalized assessed value.
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-959 ZONING MAP AMENDMENT TO
C-5 HIGHWAY COMMERCIAL DISTRICT UPON
ANNEXATION, CONDITIONAL USE PERMIT FOR
OUTSIDE STORAGE, USE VARIANCE TO ALLOW SINGLE-
FAMILY RESIDENTIAL] January 29, 2019
3
Zoning Map Amendment Approval Criteria – Staff comments provided below.
A. Compatible with Use or Zoning of Environs: The proposed use(s) or the uses permitted under
the proposed zoning classification are compatible with existing uses or existing zoning of
property in the environs.
• The proposed Zoning Map Amendment to the C-5 Highway Commercial District is
compatible and consistent with the surrounding commercial zoning and land uses.
B. Supported By Trend Of Development: The trend of development in the general area since the
original zoning of the affected property was established supports the proposed use or zoning
classification.
• The proposed Zoning Map Amendment to the C-5 Highway Commercial District is
consistent with the trending commercial development in the area.
C. Consistent with Comprehensive Plan Objectives: The proposed use or zoning classification is in
harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any
changed conditions since the adoption of the plan.
• The proposed Zoning Map Amendment to the C-5 Highway Commercial District is
consistent with the City of McHenry Future Land Use Map recommendation of
commercial.
D. Furthers Public Interest: The proposed use or zoning classification promotes the public interest
and not solely the interest of the applicant.
• The proposed Zoning Map Amendment to the C-5 Highway Commercial District promotes
the public interest because the request is consistent with the Future Land Use Map
recommendation of commercial.
STAFF RECOMMENDATION PRIOR TO PUBLIC HEARING – Zoning Map Amendment
Staff does not object to the applicants’ request for a Zoning Map Amendment to the C-5 Highway
Commercial District upon annexation and recommends approval.
If the Planning and Zoning Commission wants to recommend approval, staff recommends:
Approval of a Zoning Map Amendment to the C-5 Highway Commercial District upon Annexation for the
property located at 3816 West Bull Valley Road.
Conditional Use Permit Approval Criteria – Staff comments provided below.
A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
• According to the Illinois Department of Transportation’s Website, Bull Valley Road is
classified as a minor arterial with an average daily traffic count of 15,700. Staff believes
the business operations with outside storage will have minimal impact on traffic flow.
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-959 ZONING MAP AMENDMENT TO
C-5 HIGHWAY COMMERCIAL DISTRICT UPON
ANNEXATION, CONDITIONAL USE PERMIT FOR
OUTSIDE STORAGE, USE VARIANCE TO ALLOW SINGLE-
FAMILY RESIDENTIAL] January 29, 2019
4
B. Environmental Nuisance: 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.
• With the surrounding commercial operations, average daily traffic, the existing
landscaped screening, and the topography of the site, staff believes the continued
business operations with outside storage will generate minimal adverse conditions or
nuisance related issues for the surrounding property owners.
C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or
manmade 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.
• The adjacent properties to the north and west have commercial uses. The continued
business operations with outdoor storage is harmonious with the adjacent commercial
land uses.
D. Public Services and Facilities: 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.
• The subject property is currently served by well and septic. Public infrastructure
improvements may be required in the future.
E. Public Safety and Health: 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.
• Staff does not believe the approval of the applicants’ request for outside storage would
be detrimental to the health, safety, and welfare of the general public.
F. Other Factors: The proposed use is in harmony with all other elements of compatibility
pertinent to the conditional use and its particular location.
• With the existing screening and commercial land use of the surrounding properties, staff
believes the applicants’ request for outside storage is in harmony with the surrounding
properties.
(Continues on next page)
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-959 ZONING MAP AMENDMENT TO
C-5 HIGHWAY COMMERCIAL DISTRICT UPON
ANNEXATION, CONDITIONAL USE PERMIT FOR
OUTSIDE STORAGE, USE VARIANCE TO ALLOW SINGLE-
FAMILY RESIDENTIAL]January 29, 2019
5
RECOMMENDATION PRIOR TO PUBLIC HEARING – Conditional Use Permit
Staff does not object to the applicants' request for a Conditional Use Permit for Outside Storage
and recommends approval subject to appropriate conditions.
If the Planning and Zoning Commission wants to recommend approval, staff recommends:
Approval of a Conditional Use Permit for outside storage in conjunction with a contractor’s office for the
property located at 3816 West Bull Valley Road subject to the following conditions:
1.Outside storage of commercial vehicles and equipment shall be limited to north of the frame
garage identified on the plat of survey certified on September 19, 2019.
2.No outside storage shall be located within the existing green spaces.
3.The property owners shall maintain the existing landscaped screening.
4.The property owners shall be responsible for replacing any landscaped screening that is damaged
or destroyed.
5.The property owners shall be responsible for installing new matching landscaped screening if any
structures that provide screening are removed.
6.All commercial vehicles and equipment stored outside shall be related to the site’s existing
business operations.
7.All commercial vehicles and equipment stored outside shall be in operable condition.
8.The outside storage of bulk materials is prohibited unless enclosed within a storage container.
9.All other federal, state, and local laws shall be met.
Use Variance Criteria
A.Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings,
the strict application of the provisions of this title relating to the use of the buildings or
structures, or the use of the land, would result in unnecessary and undue hardship upon the
applicant, as distinguished from mere inconvenience.
•The existing single-family residence was constructed in 1948. The subject property has
slowly been enveloped by commercial development. Approval of the applicants’ request
would allow them to continue the use of their home.
B.Reasonable Return: The property cannot yield a reasonable return if permitted to be used
only under the conditions allowed by the regulations in this title for the pertinent zoning
district.
•The applicants currently occupy the residence which also houses the contractor’s office.
Approval of the variance would allow the applicants to live out the remainder of their
lives on the subject property while operating their business.
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-959 ZONING MAP AMENDMENT TO
C-5 HIGHWAY COMMERCIAL DISTRICT UPON
ANNEXATION, CONDITIONAL USE PERMIT FOR
OUTSIDE STORAGE, USE VARIANCE TO ALLOW SINGLE-
FAMILY RESIDENTIAL]January 29, 2019
6
C.Unique Circumstance: Special circumstances, fully described in the written findings, exist that
are peculiar to the property for which the use variance is sought and that they do not apply
generally to other properties in the same zoning district.
•The existing single-family residence was constructed in 1948. The subject property has
slowly been enveloped by commercial development that staff believes is a unique
circumstance. Approval of the variance would allow the applicants to continue to
occupy their single-family residence.
D.Not Alter Local Character: The granting of the use variance will not alter the essential
character of the locality, nor substantially impair environmental quality, property values or
public safety or welfare in the vicinity.
•The existing single-family residence was constructed in 1948. Given the longevity of the
existing single-family residence, staff does not believe it will alter the essential character
of the vicinity.
E.Consistent with Title and Comprehensive Plan: The granting of a use variance will be in
harmony with the general purpose and intent of this title and of the Comprehensive Plan of
the City. (Ord. 94-614)
•One of the goals of the City’s Comprehensive Plan is to “encourage responsible, orderly
growth in the City by assisting property owners with annexation, supporting
development plans and promoting redevelopment.” (p. 28) Approval of the use variance
is consistent with supporting redevelopment by allowing the applicants to continue to
occupy the residence without creating undue financial hardship.
RECOMMENDATION PRIOR TO PUBLIC HEARING – Use Variance
Staff does not object to the applicants’ request for a Use Variance to allow a single-family residence on
the subject property and recommends approval subject to appropriate conditions.
If the Planning and Zoning Commission wants to recommend approval, staff recommends:
Approval of a Use Variance to allow a single-family residence on the property located at 3816 West Bull
Valley Road subject to the following conditions:
1.Either Mark E. or Georgene L. Reinwall must concurrently occupy the residence.
2.All other federal, state, and local laws shall be met.
Attachments
•Application packet
•Location Map
•Aerial
•Perimeter Photographs
LOCATION MAP
Copyright County of McHenry 2020.
All information is provided 'as-is' with no
guarantee of accuracy, completeness, or currency.
Page 1 of 1
View from Brunch Café Parking Lot
View of South West Corner from Knox Dr
View from Brunch Café Parking Lot
View from Brunch Café Parking Lot
View of Interior Side Lot Line
View of Interior Side Lot Line
View of Interior Side from Highest Grade
3816 W. Bull Valley Rd.
Perimeter Photographs