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HomeMy WebLinkAboutPacket - 07/15/2020 - Planning and Zoning CommissionThe 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, July 15, 2020 TIME: 7:30 p.m. PLACE: Zoom Web Conferencing Application Join Zoom Meeting: https://cityofmchenry.zoom.us/j/95137177704 Phone: +1-312-626-6799 Meeting ID: 951 3717 7704 AGENDA 1.Call to Order 2.Roll Call 3.Public Input – (five minutes total on non-agenda items only) 4.Consideration of Approval of Meeting Minutes: June 17, 2020 Regular Meeting 5.Z-967 – Zoning Map Amendment from C-3 Community Commercial to RM-2 High -Density Multi-Family District and Minor Variance. M-3 Enterprises Inc., 1405 Horizon Drive, Johnsburg IL 60051 (“Property Owner’s Agent/Construction Manager”); and Daniel A. Freund 6201 Whiting Drive, McHenry, IL 60050 (“Property Owner ”) Requested Action: Zoning Map Amendment from C-3 Community Commercial District to RM-2 High-Density Multi-Family Residential and a Minor Variance to allow 68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single-family residence. Location of Subject Property: The subject property is located on the southeast corner of the intersection at N. River Rd. and W. Lake St., with a common address of 1208 N. River Road 6.Staff Report : Next Meeting Date: August 19, 2020 7.Adjourn Page 1 of 29 City of McHenry Planning and Zoning Commission Minutes June 17, 2020 Chairman Strach called the June 17, 2020 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:40 p.m. via Zoom. In attendance were the following: Doherty, Gurda, Lehman , Strach, Sobotta, Thacker, and Walsh. Absent: None . Also in attendance were City Planner Cody Sheriff, Director of Economic De velopment Martin, and Economic Development Coordinator Wolf. Public Hearing Guidelines for a Virtual Meeting were presented. Chairman Strach opened the public portion of the meeting at 7:40 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of April 15, 2020 Meeting Minutes as presented. Motion by Thacker and seconded by Sobotta for approval. Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strach, Walsh, and Thacker. 0 -nay, 1 -abstained: Gurda, 0-absent. Motion Carried. Public Hearing: McHenry 3510 LLC and McHenry LFI LLC Z-965 3510 AND 3522 W. Elm Street Conditional Use Permit to Operate an Automobile Fueling Station Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No. Z-965 an application for a conditional use permit to operate an automobile fueling station at the property located at 3510 and 3522 W. Elm Street. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and 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 were : 1.Diane Menza, LFI, agent for Owner/Developer, 9440 Enterprise Dr, Mokena, IL 60448 2.Jon Silverberg, GW Properties, co-developer, 2211 N. Elston Ave,#304, Chicago, 60614 3.Javier Millan,KLOA, traffic engineer, 9575 West Higgins Road, # 400, Rosemont, IL 60018 4.Mitesh Patel – Design Studio 24, Architect, 2211 N. Elston Ave,#304, Chicago, 60614 5.Eric Tracy, Kimley Horn , Civil Engineer, 4201 Winfield Rd, #600, Warrenville, 60555 6.Daniel Grove, Kimley, Landscape Architect, 4201 Winfield Rd, #600, Warrenville,60555 7.Mark Bettenhausen- 7 – Eleven, Heartland Zone, Chicago 8.Dan Akroyd – 7- Eleven, Heartland Zone, Chicago 9.Mitch Goltz, GW Properties, co-developer, 2211 N. Elston Ave,#304, Chicago, 60614 Page 2 of 29 Planning and Zoning Commission June 17, 2020 Page 2 Ms. Menza was sworn in. Ms. Menza gave a report stating she represents the owners and developers of the property. The first parcel was purchased 3-1/2 years ago and the second parcel was purchased 1-1/2 years ago. Outdoor seating and bicycle racks and a convenience store and taco restaurant are part of the plans. They have insured the design will blend with the neighborhood look in landscaping and façade. Ms. Menza summarized the extensive planning that went into the current proposed plan, including a city monument sign and flag pole. They have received approval of the traffic study report from the engineers. City Planner Sheriff gave the Staff Report stating the applicants McHenry 3510 LLC & McHenry LFI LLC (Owners of Record), are requesting approval of a conditional use permit to operate an automobile fueling station (gas station) with a convenience store on the currently vacant portion of the First Midwest Bank property. The owners will also operate a convenience store with a Laredo taco bar self -service area – popular in southern U.S. States. The project involves the demolition of the vacant First Midwest Bank building and the small gas station. He further stated staff believes the proposed development conforms with the City’s Downtown Design Guidelines, Comprehensive Plan, and Economic Development Strategy. The site is located within the Historic Downtown District but is not a landmarked building. The site is also located within the Tax Increment Financing (TIF) District and is currently not generating minimal property tax revenue nor positively impacting adjacent property values while remaining vacant. The McHenry Core -Downtown Sub area Plan recommends the site be repurposed for other uses. However, discussions with realtors have indicated the size of the structure combined with the layout of the interior make adaptive reuse of the structure for another service -oriented use not economically practical. Staff identified Algonquin, Crystal Lake, Fox Lake, Hebron, Johnsburg, and Woodstock (two active, one closed) as municipalities that have a gas station(s) located within their downtown. The developers have worked with city staff to provide landscaping that exceed the requirements of the City of McHenry Zoning Ordinance including the installation of a 3-foot masonry wall along Green Street to preserve the streetscape site line. The traffic impact study did not indicate any adverse impacts on traffic flow. With the closing of Downtown Food & Liquor, the addition of a convenience store and gas station will be beneficial for residents living nearby. Staff believes the demolition of the building will provide better accessibility for residents that park in the north parki ng lot to access the downtown. Planner Sheriff stated staff does not object to the applicants’ request and recommends approval. In addition, staff believes the development will help meet the existing demand for a convenience store and gas station. Planner Sheriff stated if the Planning & Zoning Commission finds the proposal to meet the approval criteria for Conditional Uses in the Zoning Ordinance (§11-15-5) then staff recommends a motion to approve the conditional use with any amendments as made in the meeting presentation and that all zoning approval criteria have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty wanted assurance the old garage on the property would be removed and handicap access to the entrance would be in the plans. Ms. Menza assured him that was confirmed. Commissioners Gurda, Sobotta, Walsh, Thacker and Lehman had no questions. Page 3 of 29 Planning and Zoning Commission June 17, 2020 Page 3 Chairman Strach asked if the 3’ retaining wall would be replaced with a wrought iron fence and whether an additional opening in the fence across from the pedestrian walkway on Green Street could be added. Ms. Menza explained the pedestrian walkway designs that are planned. Ms. Menza said it would be addressed in final plans. Chairman Strach opened the floor to questions and comments from the audience. Mr . Robert Burke , 1509 N. Richmond Rd., McHenry stated he has concerns against the project. While he appreciates the work done by the economic development commission to make McHenry walkable and sustainable and equitable for the residents along with diversity, he believes this project is a major step backward. Several gas stations are in town and several aren’t even functional. It is out of step with all of the city’s planning documents that he found, including the core downtown subarea plan. It does not encourage making the streets pedestrian friendly and contradicts the strategies for sustainability. He feels the citizen’s thoughts and ideas in these plans are being ignored as well as the recommendations in the plan by the commission are being ignored. There is a vital purpose for old buildings and this is being ignored with this plan. He opined the building has the potential to be a centerpiece to the core downtown area. He is 21 years old and wants to see McHenry succeed in a properly environmental and sustainable manner and continue the beautiful urban planning that has started. Ms. Nancy Henningfield, First Midwest Bank, 30981 N. Fisher Rd. McHenry asked what considerations have been made for access to the bank’s drive -up area. Ms. Menza stated they are working with Amanda at First Midwest and proceeded to explain the plans being developed for the bank’s drive-through lanes. She also wanted to know what considerations are given to the client flow during the demolition of the building. Ms. Menza stated the lanes will not be impeded during any process of the construction. Mr. Luke Ptak, stated he is formerly of McHenry but lives in Madison Wisconsin now. He is concerned with amount of parking that 60 parking spaces seems excessive and he agrees with Mr. Burke’s comments. Removing a gas station in the future will make development harder in the future. Ms. Menza s tated it is more difficult to take the large, old building down now than it would be to take down a gas station in the future. Ms. Bettye Sowinski, 1407 Court St. McHenry stated she agreed with Robert and Luke’s comments. She does not think there is enough explanation on the parking spaces being public or private and there is not enough landscaping being done for the size of the property to properly beautify it. She does not believe the downtowns in Crystal Lake or Woodstock, in the actual downtown walking area, have gas stations present. There are substantially more residents against this project than for it and these residents should be listened to. Mr. Mitch Goltz, GW Properties, clarified 7-11 is a convenient store first, gas station secondary. The convenience store proposed here is much larger than most in order to have the restaurant as well . Proximity to the high school and the veterans housing facility were part of the optimal reason for this site selection. The restaurant and convenient store require more parking spaces. While the old bank building is nice, it has past its prime for development reasons. Page 4 of 29 Planning and Zoning Commission June 17, 2020 Page 4 Ms. Sowinski doesn’t believe a 7-11 needs so many parking spaces. She feels this will take away from the development of the downtown area and the Riverwalk and the beauty of development of large old buildings such as has been done in Geneva, St. Charles, Elgin and Carpentersville should be considered. Ms. Kathy Lambert from the library said the bank building wasn’t a viable option for the li brary because it was determined the floors cannot hold the weight of the books. Ms. Danielle Miller, 1411 N. Green St., McHenry is in strong opposition of this plan. She stated the lifespan of a gas station is 20 years and the environmental hazard is detrimental. She believes it will alter a key parcel downtown and add noise pollution and traffic congestion. She does not believe it will increase the tax base but will just pull business from other gas stations in town. Ms. Menza stated the site did have past cleanup issues which they have taken on to clean up even further than required. The environmental issues with tanks has been reduced radically due to new efforts in the way tanks are now installed. She also stated the previous developer attempted to market it and were turned down repeatedly by medical office buildings, financial institutions, and office uses due to the amount of work that would be required to re -use it in its present state. They marketed to small and large retail establishments and medical office buildings and none were interested in this site for those uses. Ms. Menza stated this is the highest and best use for this property and they develop these types of properties quite often far and wide. Mr. Mitch Gol tz stated the 7-11 model wouldn’t have a gas station without a convenience store and the Taco restaurant within the development is going to bring new customers downtown to shop and eat and they want to invest in the City of McHenry by enhancing downtown with their new design and aesthetics. Mr. Patrick Letizia, 2700 Rose Ave, McHenry, IL stated he owns the building immediately north of this development, Shepherd Premier. He agrees with Mr. Burke that this would be a long- term terrible mistake made by the city. Mr. Dan Goff, 3615 Freund Ave., McHenry, and his sister Pam asked how many handicap parking spaces will be provided on the property and why the landscaping is only 20% of the plan. She also has a concern with people cutting through the property as a shortcut for traffic on Route 120 and Green. Ms. Menza stated the cut through of the property is always a concern and will be made as safe as possible to better the situation that is already present. Mr. Mitesh Patel addressed the ADA requirements including an entrance ramp and automatic door. Mr. Eric Tracy, Engineer, stated that there will be one more ADA handicap space added to the plans in order to meet the ADA requirements making it a total of 2 on the front of the property. Mr. Gol tz stated they would be happy to add another 1-2 handicap parking spaces if it is deemed necessary. Snow removal was also addressed. Mr. Goltz stated the landscaping plans are in compliance with the city code requirements for landscaping. Page 5 of 29 Planning and Zoning Commission June 17, 2020 Page 5 Community Development Director Ross Polerecky introduced himself and assured all that this is an original concept plan but the final plans will all be checked and double checked to be in full compliance with all current codes. Mr. Robert Burke opined that Chairman Strach’s comment that the City doesn’t get to choose what goes onto this property was incorrect and offensive to the intelligence of the people present opposing the plan. Mr. Burke stated the city has control of the way this property is handled and that he himself has a planning degree and sees major problems. Chairman Strach offered to discuss the planning issues further with Mr. Burke outside the meeting. He agreed with many of the comments by residents and disputed many comments by city staff and developers as dismissive and only in the interest of the economics involved. Ms. Julie Macartney, 1220 Ca rmichael Court, Marietta Ga stated she cares about the people of McHenry and the importance of small business she learned growing up in McHenry. She had several questions including: How many jobs will be created. How much tax revenue in each of the years. What is their debt/equity structure and what is the amount of tax concessions, what about traffic access for emergency vehicles, Laredo Taco – how does this impact nearby small local businesses that are restaurants already struggling. Mr. Mitch Gol tz doesn’t know how their debt/equity structure has any impact on this development. The location could provide 20 new jobs to McHenry and up to 100 during construction. He stated competition is part of life and they follow the standards used by all developers. Mr. Gol tz stated this a long-term project with a long lease -term and a very large investment being made. They will not be vacating anytime soon. Ms. Menza stated Laredo Taco has been part of the plan since the very beginning and was always available in all plans presented to all of the administration of the City. Mr. Tim McCa nn, 3507 Broad Street, McHenry lives directly behind the veteran housing and questions the tax benefits of the establishment and whether this is a bar or a fast food counter. Mr. Gol tz stated it is not a bar and there will be indoor and outdoor seating and will include a wide array of fresh fruit and produce as well. He wanted to know why the rear door was not handicap accessible and Mr. Goitz stated it is a loading and employee entrance door only. Mr. McCa nn asked if the property is golf cart accessible. Chairman Strach thought that Green Street is restricted from golf cart accessibility but Pearl Street may be. Staff will look into the golf cart ordinance to provide Mr. McCann with an answer. Mr. McCann is concerned with the accessibility. Ms. Geri Condon, 4823 Loyola Dr, McHenry clarified the presumption that the city is responsible for what happens with this property by stating the City cannot choose what developers bring to the City for development. This property has been vacant for a very long time. She has concerns with traffic and aesthetics and doesn’t think these plans are harmonious with the downtown plan. She does not agree that this proposal is the highest and best use for the property and she encourages the Planning and Zoning Commission and City Council to stand up for what is right and wait for a better use of the property to appear as they Page 6 of 29 Planning and Zoning Commission June 17, 2020 Page 6 did on the property where the TLS housing unit was built across from St. Mary’s church. Even though the traffic study states it is warranted and useful she opined from her years on City Council that is not always true. Mr. Dave Lambert, 213 V eretta Ct., McHenry asked if a liquor or gaming license was being asked for in the proposal. Mr. Gol tz stated there will be no gaming requested but a packaged liquor sales license will be requested. Ms. Beth Taylor, 1501 Green St, McHenry, IL, stated she is a 55 year McHenry resident and has been on Green Street for 35 years. She is in opposition of this proposal. Electric cars are becoming more affordable and gasoline cars on the road should be decreasing by 50% in the next 10 years. She was offended by developer comments that the 7-11 restaurant would be a dining destination for McHenry. Ms. Celeste Mann, 3516 Broad St., McHenry, IL is a resident since 1973 and thanked the developer for attempting to develop the area. She remembers the building going up and thinks it is a beautiful building of character. She stated 7-11 is a known brand and adding a taco restaurant does not give it any more character or take away from the gas station use at this site. She is learning more about McHenry history and heritage and doesn’t think this adds to the efforts and hard work that has been done to date to the downtown. She asked what the purpose of this meeting is. Commissioner Strach stated the commission is a recommending body to the City Council and their recommendation will be given for future decision at a City Council meeting. She asked if the school districts in McHenry have been approached to use the building as an educational facility. Ms. Menza stated prior to their acquisition of the property the bank may have approached the school districts but they did not approach them. Mr. Gol tz stated the building would not meet compliance to have students in it. Mr. Robert Burke had additional questions: 1. To Ms. Menza – Explain the night and day difference between rehabilitating the building and taking it down and redeveloping the property. Ms. Menza clarified. 2. To Mitch Gol tz – Are you stating that employees will not need an ADA accessible doorway. Mr. Goltz stated everything will be ADA compliant. Mr. Charles Anderson, 1407 Court S t., McHenry, Il stated he is in support of redevelopment but not in support of a gas station at this location. Mr. William MacIntee , 3436 N. Elm, agreed with Geri Condo n’s comments and believes the traffic in the area of this property is already hard to navigate. He asked if the parking would be made available to the public for outdoor events. Commissioner Strach stated there would not be public parking there as it is private property. Mr. MacIntee stated he is definitely opposed. Mr. Luke Ptak had additional questions: 1. Question to the developer – what sort of use might this building have if it wasn’t a gas station to align with being future proof. Mitch Golitz clarified. Page 7 of 29 Planning and Zoning Commission June 17, 2020 Page 7 2. There are 32 parking spots in front not including spaces next to pumps. Why are there so many. Mr. Golitz stated they are designed for peak capacity. 3. He asked for clarification on the ownership and petitioner contact information, which was clarified. Chairman Strach closed the public comment portion of the hearing at 10:20 p.m. Commissioner Doherty stated he’s lived in the area for many years and sees some benefit for having a convenience store in walking distance in the area. The increase in jobs is a good thing as well and could be a positive influence for more redevelopment. He does believe this is the best option for now. Commissioner Gurda stated he understands the property and building need to be redeveloped but his concern is traffic and he believes it will slow down traffic causing more congestion to what is already present. He does not think it blends with the character. Commissioner Sobotta stated he realizes development needs to happen at this location but he does not support this development as submitted. He applauded the work that has been done to get this far in the project. Commissioner Thacker thanked the developers for their patience in the process. He asked the Developers, as property owners, why the gas station needs to be a part of this development. Mr. Go l tz stated the gas station is a working part of the business and helps justify the costs to redevelop the property. Commissioner Walsh has concerns with the traffic and the massive parking lot. He does not se e enough benefit for the creation of enough jobs to offset the detriment to the downtown district at this location. Motion by Doherty seconded by Lehman to recommend to the City Council with regard to File No. Z-965, approval of a Conditional Use Permit for the operation of an automobile fueling station on the subject property subject to the following conditions, as amended: 1. The development shall be in substantial conformance with the site plan with date revised 6/3/20, landscape plans received 6/9/20, and building elevations dated 5/6/20. 2. The property owner shall install landscape screening in the northeast corner of the north- most parking lot. 3. The property owner shall be responsible for replacing any landscaped screening that is damaged or destroyed. 4. The accessory building in the north-most parking lot shall be removed prior to the issuance of a certificate of occupancy. 5. All external lighting fixtures, excluding the canopy, shall match the existing historic lighting fixtures in the Downtown Historic District. 6. A pedestrian cut-through, with appropriate traffic calming device shall be installed along the east side of the building connecting to Green Street, and a sidewalk with pedestrian Page 8 of 29 Planning and Zoning Commission June 17, 2020 Page 8 crossing from the north parking lot connecting to the north side of the building with appropriate traffic calming device. 7. All decorative railing fixtures shall match the wrought iron fencing in the Downtown Historic District. 8. The pillars of the gasoline canopy shall match the exterior façade of the convenience store building. 9. The property owner shall install a decorative flag pole by the city monument sign. 10. All other federal, state, and local laws shall be met. and that all Zoning Variance Approval Criteria have been met. Roll Call: Vote: 4-ayes: Doherty, Lehman, Strach, and Thacker. 3-nays: Gurda, Sobotta, Walsh, 0- abstained, 0-absent. Motion Carried. Chairman Strach closed the Public Hearing regarding File No. Z-965 at 10:40 pm. Staff Report: Planner Sheriff and Economic Development Director Martin discussed updating of the City’s Comprehensive Plan including public participation. The next regularly scheduled meeting is July 15, 2020. Adjourn: Motion by Thacker and seconded by Sobotta, roll call vote, 7-0, m eeting adjourned at 10:45 p.m. __________________________________ Shawn Strach, Chairman Planning & Zoning Page 9 of 29 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-967 ZONING MAP AMENDMENT TO RM-2 HIGH-DENSITY MU LTI-FAMILY RESIDENTIAL DISTRICT AND MINOR VARIANCE ] July 15, 2020 Applicant(s) Dan Freund (“Property Owner”) 6201 Whiting Drive McHenry, IL 6050 Requested Action The applicant is requesting approval of a Zoning Map Amendment from C-3 Community Commercial District to RM-2 High-Density Multi-Family Residential District and a Minor Varia nce to allow 68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single- family residence. Site Information Location and Size of Property The site consists of 0.20 acres, more or less, and is located on the southeast corner of the intersection at N. River Rd. and W. Lake St., with a common address of 1208 N. River Road. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is zoned C-3 Community Commercial District, that currently contains an unoccupied 1-story framed single-family residence. Adjacent Zoning and Land Use North: Unincorporated McHenry County (B -2 Business District, McHenry Recreation Bowling) South: C-5 Highway Commercial District (Gravel Parking Lot) East: C-5 Highway Commercial District (Mixed Single-Family Residential and Commercial (Rodger’s Automotive)) West: C-5 Highway Commercial District (Single-Family Residential Land-Use) Background The subject property first received approval of a zoning map amendment from Estate District to the C-3 Community Commercial District on January 13, 1996. The subject property currently contains an unoccupied single-family residence. The property does not appear to have been utilized for commercial activity. Comprehensive Plan Objectives, Policies, and other Planning Documents Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. • Land Use, Objective – Encourage planned, high quality growth throughout the City. (p. 27) Page 10 of 29 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-967 ZONING MAP AMENDMENT TO RM-2 HIGH-DENSITY MU LTI-FAMILY RESIDENTIAL DISTRICT AND MINOR VARIANCE ] July 15, 2020 o Policy – “Consider amendments to the….Zoning map to ensure conformity with the Comprehensive Plan on a case -by-case basis.”  The request is not consistent with the Comprehensive Plan’s recommendation for commercial use of the property. However, the Future Land Use Map does recommend medium-density residential land use on adjoining property to the north. An argument can be made that the request would complement this adjoining land use. • Unique Character, Objective – protect and preserve the rural character of the city. (p. 28) o Policy – “Encourage low-density residential land use on the outskirts of the City.”  The proposed development is located within walking distance of the core- downtown as well as several other amenities. Promoting higher density development near the core -downtown area is supportive of this policy. Staff Analysis The subject property received approval of a zoning map amendment from Estate District to the C-3 Community Commercial District on January 13, 1996. Since that time, the property has continued to be utilized as a single-family residence. Given the size and visibility of the property from IL -Route 120, staff believes commercial use of the property may be impractical. The City also has very few attached single- family dwellings near the Fox River outside of the River Walk (staff could only locate one on Millstream Drive). This disparity in housing options is something that the Planning & Zoning Commission may wish to address during the Comprehensive Plan Update. Although inconsistent with the comprehensive plan future land use map recommendation for commercial use , the future land use map does recommend medium-density residential land use directly north of the subject property. Staff does not believe the uses allowed within the zoning district will adversely impact the surrounding properties. The site is located within walking distance of several amenities: Hill Top Elementary School, McHenry Middle School, McHenry East Campus, the core-downtown, Fox River, and several parks (VFW park, River Walk, etc.). Having a higher density residential dist rict near these amenities is more ideal than low density residential districts. Staff does not believe approval of the applicant’s minor variance request will have any adverse impacts since the principal structure meets applicable setback requirements. The proposal appears to meet the approval standards for Zoning Map Amendments and Variances as identified in the Zoning Ordinance. Staff does not object to the applicant’s requests and recommends approval. (Staff Report Continues on next page) Page 11 of 29 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-967 ZONING MAP AMENDMENT TO RM-2 HIGH-DENSITY MU LTI-FAMILY RESIDENTIAL DISTRICT AND MINOR VARIANCE ] July 15, 2020 Staff Recommendation Prior to Public Hearing : Approval If the Planning & Zoning Commission finds the proposal to meet the approval criteria for Zoning Map Amendments (§11-5-5) and Variances (§11-19-5), then staff recommends the following motion: Motion to approve a Zoning Map Amendment from C-3 Community Commercial District to RM-2 High -Density Multi-Family Residential District and a Minor Variance to allow 68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate a 4-unit attached single-family residence on the Subject Property. By making said motion, I agree with staff comments identified in the staff report that the approval criteria for Zoning Map Amendments and Variances have been met. (End motion) Zoning Map Amendment Approval Criteria – Staff comments provided below. A. Compatible with Use or Zoning of Environs: • The proposed Zoning Map Amendment to the RM-2 Multi-Family Residential District is compatible and consistent with the surrounding mixed commercial and residential land uses. Staff does not believe the uses allowed within the RM-2 District would be incompatible with the surrounding uses. B. Supported By Trend Of Development: • The trend of development in the area is mixed use commercial and single -family residential. Staff believes the request is somewhat consistent with this trend. C. Consistent with Comprehensive Plan Objectives: • Since the Comprehensive Plan was adopted, best planning practices have immerged that are in conflict with some of its policies. The Comprehensive Plan does not recommend any high-density residential development near the downtown where it would be most appropriate nor along the Fox River. This development pattern can be seen throughout McHenry County in subdivisions that were approved 80 to 100 years prior. Viewed in light of the recent trend in planning practices to promote equitable and inclusive growth, staff believes it is in the best interest of the city to promote this trend of development. D. Furthers Public Interest: • The proposed Zoning Map Amendment to the RM-2 Multi-Family Residential District promotes the public interest because it is a generally accepted planning principal to promote higher -density residential development within walking distance of schools, the downtown, and other public natural resources. Approval Criteria For Variances (§11-19-5): Staff comments provided below. A. Special circumstances not found elsewhere. • The size and location of the subject property appears to make higher density residential development more challenging. B. Circumstances relate to the property only. Page 12 of 29 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-967 ZONING MAP AMENDMENT TO RM-2 HIGH-DENSITY MU LTI-FAMILY RESIDENTIAL DISTRICT AND MINOR VARIANCE ] July 15, 2020 • The variance requested is related to only the subject property and would be compatible with the character of the surrounding area. C. Not resulting from applicant action. • The applicant did not create the size and shape of the lot. D. Unnecessary hardship. • Staff believes not approving the applicant’s request would create a n unnecessary hardship. Staff does not believe a 5% decrease in uncovered space would have any adverse impacts. E. Preserves rights conferred by Zoning District. • Staff does not believe approval of the applicant’s request would create a special privilege ordinarily denied to other properties in the district. F. Necessary for use of the Property. • Staff believes denial would deprive the applicant of reasonable use or enjoyment of the property. G. Not Alter Local Character. • The surrounding area is a mix of commercial and single-family residential. Staff does not believe approval of the request would alter the local character. H. Consistent with Title and Plan. • Viewed in light of immerging trends, higher density residential development should be encouraged on parcels on or near significant natural resources (i.e. Fox River). I. Minimum Variance Recommended. • Staff believes the applicant’s request is the minimum variance recommended. Attachments • Location Map • Aerial • Application packet Page 13 of 29 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 Page 14 of 29 AERIAL Copyright County of McHenry 2020. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 Page 15 of 29 Page 16 of 29 Page 17 of 29 Page 18 of 29 Page 19 of 29 Page 20 of 29 Page 21 of 29 Page 22 of 29 Page 23 of 29 Page 24 of 29 Page 25 of 29 n Vanderstappen Lan~-~~;X,~".~.: Inc. lll6N. Maditon SI . Wooduoct, lllinoil 60098 F"fl:i..') , .. U,-337-ll\0 , .. 8"-337-llU .,.,,.,.,:;, f,1,thfvl to t he: property ,,,,e· LEGEND • CATCH BASIN IC FOLINO CROSS • FOUND IRON BAR 0 FOUND IRON PIPE SEPTIC UD • SET IRON BAR t SIGN • v.w. (M) MEASURED (R\ RECORD CIJBNT: 11-3 ENTERPRISES. INC C i:c i:c w i:c ::c le 0 z D141111 BY:~ CIIICDD BY:.!,!Y,__ SCW!: 1"•20' SIC.~T • ...i§_R.~B. BASIS OF BIWIING:,...,ASSU...,,,.Ms,ED,__ ___ _ PJ.N.: 09-26 481-001 10B NO.: 200378 I.D. PIBUJl'OIII COIIP.:~81._PG._ :'AtsDIIT,.:&=:m,~ =,~ IIEF: ___ _ lz PLAT OF SURVEY Tho North Half of Lot S ond tho North Half of Lot 6 In Block 7 In tho Original Plat of th• Vll090 (now city) of McHenry, Eaat aide of the Fox River, a Subdivision of part of the Southeast Quarter of section 26, Townst,1p o15 North, Rongo 8 Eoat of tho Third Pr!f1clpal Meridian, occord!f19 to tho Plat thereof recorded .klly 6, 111-40 In Book B of O"'ds. page 160, In McHenry County, llllnolo. WEST LAKE STREET / Of '5P!W.T r: :J ' ------------,L;---- 26.1°-· 66.00'(R} * f ... ••-. 1 l - · ' 1 '"""" i, .: . I N89'05'32"E 131.114'(11) l::.-~:j --~ ! ~-- \ \ nw,,d) °"! CO ! S.701::1: Sq.Ft f~~a· f12os 0.200 ACRES ' 66.00'(R} '\ It) -: ---2J.r 21.1· \ : ~: ! FRAMED SHEDD"' " CONCRETE 2.2' !~·1 : ;; ;: S LINE H 1/2 ILOT O "'tea N~'11"Ei1!1.93'(~) 6,S LINEN 1/2 LOT 5 8.J' X X xi-==;;: 't·~ 1 .. il •• 1,/-_.- rf 1.-. .. :-...-, .. 1)(.coNCRETC 4.J'E 00.00'(R) [!,@'ii~ -~ FrNCE CQRN(R 1 .4%S a: ON LINE ;I; '&>/-··"'"" ,' §: .. , ... ,. : .. b b ..J I :! ; ,f ~....,o 00.00'(R} ..J oo.oo'(R} [!,@'ii'? l©Hl 20' O' 20' 40' /"'"w•c- SCALE: 1 • • 20' NOTI: Onl,J thoN BulldlJII Uno RostrloUou or luomonto shown OD a Recorded SubclMalon Plat or. ob01111 hereon uni-tho dnorlptlon ordend to be SUr,\,,red oontollUI a proper dnorlpUon ol tho reqlllnd bUlldliic !lDN or -monto. j • No dlatonco should be uoumod b7 SOol!Di· • No andorp"Ound lmpl'Offmon\o ha,.. boon 1000\od uni.ea ahcnm md noted. • No NpnND.tation u to OWD.enhip, - ~ or --OD should be hereon bnpU04. • Thia Suno7 md Plat ol Sun., aro .. Id ,r1thout = om-.«! or colored Hal Oltd aJIDaturo Campue ,our doocripUon md 111\e 111arldi\,. ,rlth tllll plat md U ONCI report an, cliJloropanoi .. 'th!cll you JSJA1 !Ind. I .15'N & 0.42'E STATE OF DJJNOIS COUNTY OF llcHKNRY) ) S.S. 66.00'(R} [!,@'ii ~ {f~I:~ ~ ."1\•r.,Q.q.ll In JJl7 prolonlonal opinion, and buod on JJl7 obllonatlana. I horeb7 eerUt, that we han nne,ed tho prem!Na abon dolCrlbed, and that tho plat hereon la a true repruonlatlon ol tho Aid """97· Thia profonlanal aenioo canfol'lllll to tho current Dllnala minimum lllancluda for a bounclu7 """97· Dated at Woodstock, llcHomy County, Illlnola ~U)., 201!!... Vandontappen Lond Sune,iDc Inc. lloalcn Pinn No. 1114-002782 BT,~~~ Proteaionald Sumt:,or No. 27011 Page 26 of 29 . ' j 1 -' '~~~7 ' .-aiii.ti ,; ; "I JJ~, l[ii : · I .=-_:t .. ', - .--. · i ' 1• ·~: ._ - I --.. __ I __ 1r· · _ fi• -1·1 : i' __ .. I .. . I _: - -L .. -1 • ·11 < -- : 1= . ' . i1--.. 11- 1 IJ=i=i=::a\l ~,- )_ ; . . :::~-:-~r~_ ,.,, .. _, . --~,~_) ~' ._ :f: :-;:¾' ---:.i-= - . _I\-··· • ····"'"·· - ,,,_ . ~ -' ·:'·· -:.: -,, -•. -·:,~~" ... _--. . -~, . Ut i-~ .!~ ih ,~i 0 w Page 27 of 29 · I > ~ 1- {, •i~ Hi ,1 / 0 §' .j::. ~--= ", ' > )i;:IN C) tT1 ci EEVIEW ONLY-NOT fOR CONSTRUCTION '""W -- , ~M75COMMERCF.OK. :::::: RIVER ROAD NORTH Afu~ rn G ... I[.~-=-----r-----11 ~:::,::,~: ~ , 1208 NORTH RIVER ROAD _ Mc HENRY . IL 6005 1 ------Page 28 of 29 0 ffi 0 z ---WEST LAKE STREET I '°"° ---'~~· ! i QJP,__ : I I SP.la! I f I ,_ ________ _ J 28EDIIOOM ' ' ' ' -,,,-________ _EJ.93' L .. --------· •-,------- @ SITE PLAN A02 ----··1-= ·~·="--'t=-=-·.:.c·-,c~.;,,,_7 ~T ~T ' --· =twLOtf \ NORTH 5GALE , I" = 10 '-0" Vl Lll l ¢ <t: ' '"'"'""'"M' I srr r r,A~ A02 Page 29 of 29