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HomeMy WebLinkAboutPacket - 01/29/2020 - Planning and Zoning Commission The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. 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