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PLANNING AND ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, August 19, 2020
TIME: 7:30 p.m.
PLACE: Zoom Web Conferencing Application
Join Zoom Meeting: https://cityofmchenry.zoom.us/j/98416546089
Phone: +1-312-626-6799
Meeting ID: 984 1654 6089
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: July 15, 2020 Regular Meeting
5.Z-972 – Conditional Use Permit Outdoor Storage in Conjunction with a Towing Business.
Krzysztof Lenart, 1524 River Terrace Drive, Johnsburg, IL 60051 (“Property Owner”).
Requested Action: Conditional Use Permit to allow outdoor storage in conjunction with a
towing business.
Location of Subject Property: The subject property is located approximately 161 feet north of
the intersection of Borden Street and W. Elm Street, with a common addre ss of 1302 Borden
Street (“Subject Property”).
6.Staff Report : Next Meeting Date: September 16, 2020
7.Adjourn
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City of McHenry
Planning and Zoning Commission Minutes
July 15, 2020
Chairman Strach called the July 15, 2020 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:35 p.m. via Zoom. In attendance were the
following: Gurda, Lehman, Strach, Sobotta, and Walsh. Absent: Doherty, Thacker. Also in
attendance were City Planner Cody Sheriff, Community Development Director Polerecky,
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 June 17, 2020 Meeting Minutes as presented. Motion
by Sobotta and seconded by Gurda for approval.
Roll Call: Vote: 5-ayes: Commissioners Gurda, Lehman, Sobotta, Strach, and Walsh. 0 -nay,
0-abstained, 2-absent: Doherty, Thacker. Motion Carried.
Public Hearing: M-3 Enterprises Inc. and Daniel A. Freund
Z-967
1208 N. River Road
Zoning Map Amendment and a Minor Variance to accommodate
a 4-unit attached single-family residence.
Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No. Z-967 an
application for a 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 at the property located at 1208 N. River Rd .
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 Dan Freund, 6201 Whiting Dr., McHenry (owner) and Mark Schiller, W4184
Maple Court, Lake Geneva, Wisconsin, (construction manager) and Jeff Letzer, 26575
Commerce Drive #607, Volo, Illinois (architect).
Mr. Freund, Schiller and Letzer were sworn in. Mr. Freund gave a report stating he is
requesting a zoning map amendment for his property from C-3 to RM-2 to develop a 4-unit
townhouse structure. Upon approval, he is also requesting a minor variance permitting
reduction of the uncovered space code to 68.99% to develop the property to full capacity.
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Planning and Zoning Commission
July 15, 2020
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City Planner Sheriff gave the Staff Report stating 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.
Planner Sheriff stated overall, staff believes the proposed development is somewhat consistent
with the City’s Comprehensive Plan objectives and policies. He clarified that 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 and it is believed that the request would complement this
adjoining land use.
Planner Sheriff stated that since the time the property received approval of a zoning map
amendment from Estate District to the C-3 Community Commercial District it has continued to
be utilized as a single-family residence and 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 and 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 se veral city amenities (parks, schools,
etc. Having a higher density residential district 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 adve rse impacts since the principal structure meets applicable setback
requirements. Planner Sheriff stated the proposal appears to meet the approval standards for
Zoning Map Amendments and Variances as identified in the Zoning Ordinance and Staff does not
object to the applicant’s requests and recommends approval.
None of the Commissioners had questions for the applicants at this time .
Chairman Strach opened the floor to questions and comments from the audience.
Michelle Rozovics , 1207 River Road, McHenry, asked for clarification of C-3 zoning as to having
residential usage grandfathered in during 1990 for her property. She stated she doesn’t want to
hold up zoning on this property but is concerned with zoning on her property at 1207 River
Road having to be changed. Planner Sheriff and Director Polerecky assured her they would
verify the safe status of her property zoning in the next day or two.
Chairman Strach closed the public comment portion of the hearing at 7:50 p.m.
Commissioners Walsh and Lehman had no questions.
Commissioner Gurda asked if this is intended to be rental or ownership units. Mr. Freund
stated they are intended as ownership units, not rental property.
Commissioner Strach asked if they foresee any issues with the (2) 1-bedroom units being
marketable. Mr. Freund didn’t see an issue with marketability of 1-bedroom units.
Commissioner Sobotta asked the overall height of the building at the highest point. Mr. Freund
stated he believed it was 36 feet. Chairman Strach stated maximum allowed is 40 feet.
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Planning and Zoning Commission
July 15, 2020
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Motion by Sobotta seconded by Gurda to recommend to the City Council with regard to File No.
Z-967, approval of 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 and that the approval criteria for Zoning Map
Amendments and Variances have been met.
Roll Call: Vote: 5-ayes: Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nays, 0-abstained, 2-
absent: Doherty, Thacker. Motion Carried.
Chairman Strach closed the Public Hearing regarding File No. Z-967 at 8:00 pm.
Staff Report: The next regularly scheduled meeting is scheduled to be an in-person meeting on
August 19, 2020. ArcGIS was just purchased and will be very helpful in planning and zoning.
Comprehensive Plan is on hold currently due to many projects in progress .
Adjourn: Motion by Lehman and seconded by Gurda, roll call vote, 7-0, meeting adjourned at
8:00 p.m.
__________________________________
Shawn Strach, Chairman Planning & Zoning
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Staff Report for the City of McHenry Planning & Zoning Commission
Staff Comments
The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be
considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the
testimony presented during the public hearing.
BACKGROUND & REQUEST SUMMARY
The petitioner (Krzysztof Lenart, DN N DRTY LLC.) is requesting approval of a Conditional Use Permit to allow outdoor
storage in conjunction with a towing business on 0.49 acres, more or less, property with a common address of 1302
Borden Street. On October 15, 2012, the McHenry City Council approved ORD -12-1605 which allowed the outdoor
storage on the subject property. The conditions of approval were as follows:
1. The property shall be cleared of any miscellaneous debris and all overgrown vegetation be trimmed and
continually maintained (immediately);
2. The building shall be painted to the extent it’s visually attractive and exterior rust is removed (next 9 months
following City Council approval);
3. There shall be no outdoor storage of anything other than vehicles/trailers being repaired on-site and/or awaiting
repair;
4. The property shall connect to city water and sewer (1-2 months following City Council approval);
5. Outdoor storage of leaking vehicles is prohibited;
6. Outdoor storage of inoperable vehicles, as defined by city ordinances, is prohibited;
7. Outdoor storage area is limited to the east of the existing building and storage area must be secured, including
some type of security control/device during non-business hours or at least minimal security lighting;
8. All repair work shall be conducted within the building;
9. Outdoor storage area shall not be accessible to the general public;
10. Installation of a minimum of 85-100% opaque, minimum six-foot fence shall be required to fully enclose/screen
outdoor storage from Borden Street or alternatively smaller sections of fencing shall be constructed along with
the use of natural vegetation as specified in the staff report (1-2 months following City Council approval).
Condition six specifically identifies inoperable vehicles as not permitted to be stored outdoors. The petitioners will need
to have condition six removed in order to operate a towing business.
CITY OF MCHENRY ORDINANCES
• Inoperable vehicle is defined in §5-8-2 of the Health and Sanitation Ordinance as “…all motor vehicles which, in
their present state or condition, cannot be driven on a public street or highway in full compliance with all
provisions of the Illinois Vehicle Code and ordinances of the City, and which have remained in such a state or
condition for a period of seven (7) consecutive days. This definition DOES NOT INCLUDE A) A motor vehicle
which has been rendered temporarily incapable of being drive under its own power in order to perform ordinary
service or repair operations; B) Any motor vehicle that is kept within a building not in use; and C) A motor
vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
• The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry
Zoning Ordinance.
COMPREHENSIVE PLAN OBJECTIVES AND POLICIES
Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies.
• Land Use, Objective – Allow a mixture of land uses in appropriate areas to promote responsible growth while
providing a high quality of life to the residents. (p. 27)
o Policy – “Preserve and expand areas of commercial land use.”
Approval of the applicant ’s request would promote the preservation of existing commercial land
uses by allowing commercial land use to continue.
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• Unique Character, Objective – Promote land uses that allow the expansion of services for residents. (p. 28)
o Policy – “Locate intense commercial and office uses where they will not negatively affect residential or
open space uses.”
The proposed development is located off a state route and is not directly adjacent to other
residential properties. Approval of the applicants’ request will not negatively affect residential or
open spac e uses.
STAFF ASSESSMENT
The former owners of the subject property received approval for the operation of an auto-repair shop with outdoor
storage subject to conditions (see Background & Request Summary). The sixth condition specifies that no inoperable
vehicles shall be permitted on site. The petitioner will need to receive approval of a Conditional Use Permit for outdoor
storage of inoperable vehicles in conjunction with a towing business.
The surrounding land use and zoning consists of industrial and commercial properties. The primary concern regarding
outdoor storage is largely aesthetic and potentially environmental from leaking automobile fluids. The property
currently contains what appears to be an 8ft privacy fence facing Borden Street with a 6ft privacy fence on the north
side, and a chain link fence that is screened by vegetation on the east and south side. The storage area is heavily
screened from view by dense vegetation to the north (see photographs). Staff believes the storage area is appropriately
screened for the proposed use. The storage area is composed of gravel. Outdoor storage should be limited to non-
leaking vehicles in order to not contaminate the soil. The proposed use is consistent with the future land use map
recommendation for commercial. The request appears to be consistent with the City’s Comprehensive Plan a nd
approval criteria for conditional uses (see below). Staff does not object to the petitioner’s request and recommends
approval subject to appropriate conditions.
CONDITIONAL USE APPROVAL CRITERIA
A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has
been minimized.
• Staff does not believe a towing business of this size will generate any adverse impacts on traffic.
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.
• Staff does not believe the proposed use will generate any adverse impact on the environment . All
vehicles that may potentially leak automobile fluids should be stored on a paved surface and staff have
recommended a condition to accommodate this.
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 surrounding land use and zoning consists of commercial and industrial. Staff believes the pr oposed
operation is consistent with the surrounding area.
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 site is presently serviced by City Water and Sanitary Sewer.
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 proposed use will have any adverse impacts on public safety and health.
F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the
conditional use and its particular location.
• Staff believes the proposed use is consistent with the surrounding commercial and industrial land use.
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PLANNING & ZONING COMMISSION MOTION
If the commission agrees with staff’s assessment, the following motion is recommended:
MOTION to approve the petitioner’s request for outdoor storage in conjunction with a towing business subject to the
following con ditions:
1. All outdoor storage shall be screened from view by a 6-foot privacy fence, at minimum, or by a landscaped
barrier that is approved by the Zoning Administrator;
2. The property owners shall maintain and replace any existing landscaped screening that is damaged or
destroyed;
3. All outdoor storage shall be related to the site’s existing business operations;
4. The outdoor storage area shall not be accessible to the general public;
5. The outdoor storage of bulk materials is prohibited unless enclosed within a storage container;
6. The outdoor storage area shall be maintained in a neat and orderly fashion;
7. All leaking vehicles shall be stored indoors or on a paved surface;
8. All repair work shall be conducted indoors;
9. All other federal, state, and local laws shall b e met.
Attachments:
• Petitioner’s Application
• Photographs of Screening
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