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Home My WebLink AboutPacket - 06/30/2021 - 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 & ZONING COMMISSION MEETING NOTICE DATE: Wednesday, June 30, 2021 TIME: 7:00 p.m. PLACE: 333 S. Green Street, McHenry, IL 60050; City Hall, City Council Chambers. AGENDA 1. Call to Order 2. Roll Call 3. Public Input – (five minutes total on non-agenda items only) 4. Consider of Approval of Meeting Minutes: May 19, 2021 5. Z-989 Request for a Use Variance to allow a single-family residence in the C-5 Highway Commercial District. Petitioner: G&A European Quality Pros LLC (“Owner of Record) Site Information: The site consists of 0.275 acres more or less, and is located on the south side of W Elm Street (IL-120), and approximately 135 feet west of the intersection of Meadow Lane and Elm Street with a common address of 4805 W Elm Street, McHenry, IL 60050 (“Subject Property”). 6. Z-990 - Request for a Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C-2 Neighborhood Commercial District. Petitioner: Kevin Naleck (“Contract Purchaser”) Site Information: The site consists of 2.0 acres, more or less, and is located on the west corner of the intersection of Lillian Street and Crystal Lake Road with a common address of 4502 W Crystal Lake Road, McHenry, IL 60050 (“Subject Property”). 7. Z-988 - Zoning Text Amendments to §11-6-18 Adult-Use Cannabis Business, §11-9-7 Permitted and Conditional Uses in Commercial Districts, §11-10H-2 Table 2 Permitted and Conditional Uses, and §11- 13-2 Table 2 Residential Screen Strip Design Standards of the Zoning Ordinance; and Text Amendments to §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review of the Subdivision Control and Development Ordinance. 8. Staff Report: Next Meeting Date: July 14, 2021 9. Adjourn Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 1 City of McHenry Planning and Zoning Commission Minutes May 19, 2021 Call to Order Chairwoman Rockweiler called the meeting to order at 7:0 0 p.m. The meeting was held remotely via Zoom due to the COVID-19 pandemic. The meeting was in compliance with the Open Meetings Act per guidelines by the Illinois Attorney General’s Office. Roll Call Deputy Clerk Johnson called the roll. Roll call: Members present: Dawn Bremmer, Emily Smale, Stacy Rockweiler, Mike Lehman, Michael Sobotta, James Walsh. Members Absent: Andy Davis. Others present: City Planner Cody Sheriff, Community Development Director Ross Polerecky Public Comment There was no comment from the public in attendance. Approval of Meeting Minutes from April 7, 2021 A motion was made by Commissioner Lehman and seconded by Commissioner Walsh to approve the minutes of the meeting from April 7, 2021. Voting Aye: Bremmer, Smale, Rockweiler, Lehman, Sobotta, Walsh Voting Nay: None Absent: Davis Motion carried 6 -0. Public Hearing: Continental File No. Z -982 A Conditional Use Permit and Zoning Map Amendment for a 288-unit multifamily Integrated Design District development; Zoning Variations including, but not limited to: Off Street Parking and Loading, and Integrated Design District Review Procedures; A variation from the Subdivision Control and Development Ordinance to allow for simultaneous review of Preliminary and Final Plat of Subdivision; and approval of a Preliminary and Final Plat of Subdivision of Authentix at McHenry. City Planner Sheriff explained that all posting and notification requirements for the hearing have been met. Chairman Rockweiler swore in petitioner Ben Lang and Joe Gottelmoller, the attorney for the petitioner. Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 2 Mr. Lang shared his screen for his presentation and gave an overview of the company. They own and manage all of the apartments that they develop. A map showed their developments in the Chicago area, and McHenry would be their 10th community around the suburbs. There would be a 24-hour maintenance staff on site with full time leasing agents and property managers. Their specific request is for a Zoning Variance for the concurrent preliminary and final approval, an Integrated Design District, and the preliminary and final plat. They also seek amendments to the staff’s recommended conditions of approval. First, staff has recommended that a 6-foot fence be installed along the eastern property line. Continental requests to revise the recommendation to provide staff with the ability to approve potential alternative screening options including, but not limited to evergreen, shrub, or other landscape alternatives to provide a more aesthetically pleasing screening strategy. Second, staff has recommended the Special Service Area encompass the entire subdivision. Continental requests to revise this to allow staff and Continental to define which specific improvements will be subject to the Special Service Area. Third, staff has recommended an emergency access drive be provided south of the clubhouse on the adjacent property. Continental requests to remove this condition based on the following: the current condition is a temporary condition, there is no ordinance that requires the secondary emergency access, V3 Companies has verified all drives on side are traversable, there is a previous precedent of residential communities with permanent singular access points, and the construction of the temporary access road will result in a significant hardship for future Lot 2 development. Mr. Lang explained their proposed location in regards to the proximity to retail and commercial amenities. A study by Tracy Cross and Associates showed that the McHenry area indicated a low supply and high demand of multifamily units. The existing land is zoned C-5 Highway Commercial, and has been vacant since its annexation in 1995. The City’s comprehensive plan splits the site as commercial and residential, and Continental’s proposal matches the comprehensive plan. The proposal is for 288 homes across studios and 1, 2, and 3 bedroom apartments. The site is 20.61 acres. A clubhouse sits off the south of Blake Boulevard with a pet park nearby. On the east of the site is an extensive landscaping plan on the property line, as well as a proposed pedestrian walking path towards the regional pond. Buffering and screening to the east were discussed with permitted and proposed setbacks shown. The current permitted setback is 30 feet from the loading dock but Continental is proposing a 60-foot wide minimum buffer for any permanent structures put into place. Within the 60-foot buffer is an extensive plan for landscaping, which was shown on the shared screen. Landscaping renderings were shared to show what the development could look like from the existing neighborhood. The secondary access points were discussed with examples of other apartment complexes in McHenry with only one access point. A slide also showed issues with creating a secondary access point and how that could impact future development of Lot 2. Pictures of elevations and floor plans were shown. Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 3 Joe Gottelmoller explained in detail the zoning variance approval criteria. He stated that this is a special circumstance given that a typical zoning map amendment does not require two separate hearings in front of both the Planning and Zoning Commission and the City Council. Due to the physical constraints of the specific property, the IDD was selected as the preferred zoning to accommodate multiple principal buildings on one lot and to reduce the total development footprint. Continental’s request does not change the form or character of the IDD ordinance, and it does not impede on the rights of staff, the Planning & Zoning Commission, and/or the City Council to conduct a fair and legal review and hearing on the rezoning request. There are ten approval criteria that should be met for the approval of an Integrated Design District, and Mr. Lang explained how Continental meets each of those requirements. Mr. Gottelmoller gave detailed explanations of how they met the conditional use approval criteria as well as meeting the LaSalle Factors. Chairwoman Rockweiler asked if any Commissioners had questions for the petitioners. Commissioner Sobotta asked about the dividing line between the two parcels. Mr. Lang shared his screen and drew a line to show where the two properties would be divided. Parcel 2 would have ownership kept with the current owner, and there are currently no plans to develop the second lot. Commissioner Sobotta asked for clarification on the stormwater improvements. Mr. Lang showed a picture with the retention basin and the trunks that run down to Lot 2 for possible future development. Commissioner Sobotta asked about the plans for the emergency second access. Mr. Lang stated that there is no proposed emergency access to Almond Lane, and they are proposing one entrance to the apartment complex. There are 546 planned parking spaces and an easement currently exists behind the commercial developments to the north. There are also no plans to expand Blake Boulevard to be larger than two lanes. Chairwoman Rockweiler asked about their request to remove emergency access. Mr. Lang stated that they did not have an emergency access route on their proposal but staff has requested a second access. This would have to be placed on Lot 2 because of grading issues. City Planner Sheriff shared and explained his staff report in detail. He described the current zoning, the future land use map, requirements from the City due to ordinances, the requirements for an Integrated Design District, and a staff analysis. He explained that staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. He stated that the development appears to meet the approval standards for conditional uses, zoning map amendment, and zoning variations. Staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. Commissioner Sobotta asked about the traffic study and believes that the COVID pandemic may have impacted the numbers. Mr. Sheriff explained that the engineers took into account those factors for the traffic counts. Chairwoman Rockweiler asked how staff feels about the petitioner’s request for a 6-foot fence. Mr. Sheriff stated that the petitioner did not propose the fence, but that staff included it in their recommendations based on feedback from the residents to the east. Chief Birk explained that from a safety standpoint he believes that there needs to be more than Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 4 one entrance and egress. He does not believe the examples given by the petitioner of one access point are relevant to this proposal. Chairwoman Rockweiler opened up the opportunity for the public to ask questions for the staff or the petitioner. Jason Klasek stated that the impact study on housing values were all from out of state and he wondered what type of crime studies had been done for the City of McHenry. Chief Birk stated that crime rates are tracked in McHenry. Our crime rate is well below the national average and has steadily declined over the last 14 years. He referenced and gave examples from his memo that was submitted regarding apartments and crime. He gave specific examples and data from apartment complexes in McHenry. Mr. Klasek stated that he has concerns about gang activity in apartment complexes in McHenry. Chief Birk explained that the City of McHenry has the lowest gang activity in the county. Mr. Klasek stated that residents wanted a 6-foot privacy fence to keep people from walking through their neighborhood to go to the nearby park. Mr. Klasek asked for clarification on the drainage with the swale on the east. It was explained that none of the water from the developed site runs to that swale. The only water that swale receives is from the greenspace east of the garages to the property line. The swale then carries that water to the detention pond to the north. Stormwater improvements on Lot 2 are not done until that lot is developed. It is not legal to impede the natural flow of water on that undeveloped lot. Alan Mader stated that on February 28th he sent a video to Jeff Schaefer and Mayor Jett that shows flooding through his yard last May. He is concerned that they are correcting flooding problems on the north and they aren’t doing anything to the south. He would like engineering work done to show how this would be addressed. Engineer Chad Peiper shared his screen and explained how the stormwater system will handle the water. He showed that none of the water goes to the residents to the east and it all flows north through the system to the detention pond. The water falling on Lot 2 would follow its existing pattern and would not be affected by the development. No stormwater issues will be addressed on Lot 2 until a proposal is brought forward to develop Lot 2. The proposed development does meet all stormwater ordinances. Krisine Reinhard stated that engineers rejected the proposal and it needed to be updated. She believes there should be a two part process to the approval and asked why this is not being followed. Mr. Sheriff explained that for a multimillion dollar project it is common to have minor revisions throughout the process. There is only one hearing because this proposal is only for a two lot subdivision. Ms. Reinhard asked why we aren’t doing a two step process if details still needed to be worked out. Director Polerecky stated that recommendations have been made by Staff during the process, and it is common for staff to make comments on the plans and to ask for revisions by the developer. Ms. Reinhard asked why the City would consider only 1.9 parking spots for the development. It was explained that many of the older apartment complexes only have 1.5 spots per apartment, and there have been no issues. Mr. Lang stated that their average is 1.75 spaces per unit on their other properties, and there haven’t been issues with those parking lots. Ms. Reinhard questioned the plans for the pass-throughs. Mr. Lang explained that if Lot 2 Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 5 were ever to develop it would need adequate access. Those are not intended to go to Pine and Birch. Ms. Reinhard disagreed with how the traffic study was done and believes that the standard is to do a 7 day study. Mr. Peiper stated that his traffic engineers take into account averages in the area, that they have been looking at Route 31 in McHenry for a long time, and that the traffic count on that road does not change in any great volume from day to day. This intersection has been looked at thoroughly and his licensed engineers are confident in the numbers that were provided. Danny Thomas asked what would attract people to McHenry, where the people would come from, and where they would work once here. Mr. Sheriff referred to the apartment study showing that there is big demand present. Mr. Lang stated that the median age of renters for their complex would be 31 years with a $75,000 income. He gave a summary of their portfolio and stated within a 30-minute drive there would be 10,000 jobs fall within those sectors. Sheila Thomas stated her concern for the access off Blake Boulevard and there could be a bottleneck and safety issues. Director Polerecky explained that staff recommends a second access from the south property line. Chief Birk explained that the second access would be on Blake Boulevard and not through Almond Lane. In an emergency he prefers that access to be at a controlled intersection and there are multiple ways to get to Blake Boulevard. Keith Varkalis questioned the statement that having multifamily between their current neighborhood and the commercial district is a standard. He said that west of Pine is commercial and they don’t have a multifamily area separating them from commercial. Mr. Varkalis asked what the developers meant when they talk about the public benefits. Mr. Lang said that this means they have their own facilities so there is less demand for the rest of the City. Mr. Varkalis agreed with Ms. Reinhard’s statement that the City should not skip the process of having two hearings. Mr. Sheriff stated that during the approval of a final plan, the job of the commission is to make sure they preliminary plat matches the final plat. Because this was only a two lot subdivision there was not a need for an additional review. Mr. Varkalis asked why the City would consider allowing smaller apartments when other builders have to adhere to different standards. Director Polerecky explained that some of those apartments were built in the 70s and the ordinance was put in place in 1986. As Mr. Lang stated, they are planning for open floor plans and the market analysis shows that smaller apartments will rent out. Staff has no concerns on this matter. Keith Reinhard questioned the rainwater mitigation plan and what would happen if it didn’t work as expected. Mr. Peiper explained that engineering reviews the plans to ensure that it works in a certain manner. The ordinances dictating this have been updated to handle the recent trends in weather and that all engineering standards have been followed to make it work correctly. Mr. Reinhard asked about the 10-foot grade difference to the east and what would happen to the tree line. Ryan Wagner stated that the swale would have the grading stop to allow those existing trees to remain. Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 6 Chris Bassi asked what the salary range was for the targeted renters. Mr. Lang said the residents are approved for three times the proposed rent. The median income in the area is $85,000 and their portfolio shows $70,000. The project is in the affordable range for this area. Ms. Bassi asked how many school children would be in the rented apartments. Director Polerecky stated that with 288 apartments, it is expected that there would be 17 elementary students, 8.5 middle school students, and 9 high school students. Ms. Bassi asked which retailers the study was targeting in regards to spending in the local economy, as many retailers have moved to Johnsburg. Mr. Lange explained that the numbers they provide show how much money could be spent in the overall area and not just in the City of McHenry. Ms. Bassi questioned the math in regards to the amount of money that the complex would provide to the local economy. If they are estimating $18 million a year, that equals about $62,000 per complex. She explained that somebody with an income of $70,000 can’t possibly spend $62,000 after taxes and rent. Clerk’s note: It was difficult to make out the name of the next member of the public who spoke. It is believed that it is John Zagone. The Clerk thought it was prudent to mention this as that speaker’s name was not verified in case the name is inaccurate. John Zagone asked what the lighting would be like and if there would be any concern for security lights shining into the existing neighborhood. Mr. Lang explained that they would abide by the City’s ordinances and they planned to have no additional light leave their property. A full photoelectric study will be done and glare guards would be used if necessary. John asked what would stop somebody from putting a drive through Almond Lane, and Director Polerecky stated that they would not be allowed to construct such a drive, and that a 6-foot fence would be constructed between the properties. John asked what the City would do to help entertain the people that move in. He stated that there could be small children moving in with not much for people to do. Keith Hoaglund asked where the 6-foot fence would go, and if it would be constructed on the property of the existing neighborhood. He also asked who would be responsible if their trees fell on homeowner lots. It was explained that the fence would not be built on existing home lots and that if the trees belonged to the developer, the developer would take care of the trees. Sam Catalano asked where the parking and trash facilities would be located. Mr. Lang shared his screen to show where the parking garages, parking spots, and the trash compactor would be located. A valet trash service would also be provided to carry resident trash to the dumpster. Mr. Catalano asked who paid for all of the studies. Director Polerecky explained that the apartment study was paid for by the City and that none of the studies presented by the City were paid for by Continental. Chairman Rockweiler opened the public hearing portion of the meeting at 9:36 p.m. to take comments from the public. Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 7 Kristine Reinhard was sworn in and stated that they listened to many unanswered questions and a lot of opposition to the project, and questioned the placement of the project. Based on the questions and unknowns she believes that the board should either not approve the project or consider having a preliminary and final hearing. It would make taxpayers feel better to see a two- part process and see things that have been stated come to fruition with a final plat. Keith Varkalis was sworn in and agreed with Ms. Reinhard in regards to the two-step process. He watched the training video given by Attorney McArdle that was given to the Commission and hopes they all walked the property to make a fair judgement of the request made by Continental. Keith Hoaglund was sworn in and stated that this is a bad idea. Allison Thompson was sworn in and noted her appreciation for the effort put forth by her neighbors regarding this project. She stated that the Commission would have to live with this decision for one night but the neighbors would have to live with it for the entire time they owned their home. They have a quiet, cozy, close-knit community, and they feel like they are being exposed. Caitlyn Klasek was sworn in and stated that even though Mr. Sheriff and Director Polerecky have stated that there are people for this project, she has not heard from one of them. If people are for the project and are hiding they need to make their voices heard. Jason Klasek was sworn in and stated this whole case has been for a single lot without knowing the plans for a second lot. The Board should consider this when voting because they haven’t been presented with the whole picture. The people of McHenry are not against apartment buildings but they believe this is a strange place for high density living quarters with no green space for children. He does not feel that they have been given a voice and haven’t been represented for the greater good. There haven’t been any assurances or answers to their questions. This has not been presented to the people as it is, and it is disappointing and not the character of McHenry. Alan Mader was sworn in and stated that the City government is responsible for the protection and interest of its fellow citizens. The Almond Lane and area is stable but an influx of 288 apartments could change that. The size of the complex should be considered and should be reduced to give more green space. The developers have stated what they need to be profitable. Danny Thomas was sworn in and stated that his daughter lives in one of these facilities. They are not as nice as they claim. A dog park is being built instead of a playground because they can’t charge for a playground. They are charging people to pick up garbage and her daughter’s garbage isn’t picked up in a timely fashion. They don’t plow when needed, and she will move when her lease is up. Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 8 Sam Catalano was sworn in and stated that all of these taxpayers are lining up screaming against the project. Why should they rezone this for strangers to come in when they have already paid a ton of taxes. The existing neighborhood should not be hurt for strangers and it can cause safety issues. Chairwoman Rockweiler closed the public hearing at 9:54 p.m. Members of the Planning and Zoning Commission were given a chance to ask additional questions. Commissioner Bremmer wanted to clarify that staff was requesting a 6-foot fence, and in favor of keeping a service entrance. She also asked for a repeat of the number of students expected to come from the development. Director Polerecky repeated that they are anticipating 17.3 elementary students, 8.75 middle school students, and 9 high school students living at the development. Commissioner Smale asked if the school districts were able to handle this increase in students, and Mr. Sheriff explained that they do have the capacity to handle this and there haven’t been any concerns raised by the school districts. Commissioner Sobotta asked if we knew that the owners of Lot 1 would also be the owners of Lot 2. Mr. Lang explained that Vantage McHenry LLC currently owns both parcels, and Continental would only purchase Lot 1 if the project were to move forward. Vantage McHenry would remain the owners of Lot 2. Commissioner Walsh wanted to confirm that there were no plans for Lot 2 at this moment. Mr. Sheriff explained that Lot 2 would still be zoned C-5 and the uses permitted for this project would not be allowed on Lot 2. If somebody wanted to develop Lot 2 for housing, they would have to go through this same hearing process. Chairwoman Rockweiler asked if the recommended emergency access would have to be on Lot 2. Director Polerecky explained that the access would need to be on Lot 2, and even though Continental would not own that lot, they could get an easement for that access. Commissioner Sobotta asked if this proposal were to pass, would anything other than residential be placed on Lot 2. Mr. Sheriff stated that it would be unlikely that a commercial development would go there. Mr. Lang stated that their company has done a second phase of the project in the past, but they have no current plans for that development in McHenry. Commissioner Sobotta stated that there is no room to expand for more lanes on Blake Boulevard if Lot 2 were to be developed. Director Polerecky reiterated that if Lot 2 were to be developed, the developer would be required to go through the entire process from the beginning with new traffic studies. A motion was made by Commissioner Walsh and seconded by Commissioner Lehman to approve the petitioners’ request for variation from the Subdivision and Control Ordinance and IDD Integrated Design District Review Procedures to allow for simultaneous review of the Preliminary Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 9 and Final Plat of Subdivision and Plan. AND By making said motion I agree with staff’s assessment that the approval criteria for zoning variances have been met as outlined in the staff report. Voting Aye: Bremmer, Smale, Rockweiler, Lehman, Walsh Voting Nay: Sobotta Absent: Davis Motion carried 5-1. A motion was made by Commissioner Bremmer and seconded by Commissioner Smale to approve the petitioner’s request for a Conditional Use Permit and Zoning Map Amendment to allow a planned multifamily Integrated Design District residential development, in accordance with the submitted building elevations, site plan, and landscaping plan subject to the following conditions: 1. The property owner(s) shall install a 6-foot privacy fence along the eastern property line. 2. The property owner(s) shall enact a backup Special Service Area encompassing the entire subdivision for the long term maintenance and care of stormwater facilities. 3. The property owner(s) shall replace all damaged or destroyed screening facilities such as privacy fencing and landscaping within 30 days of notification by the City of McHenry or other reasonable timeframe as determined by the Zoning Administrator. 4. All development on the subject property shall be in substantial conformance with the submitted site plan, landscaping plan, and building elevations. 5. The property owner shall be required to install a secondary emergency access on the south side of the development connecting to the recreation center and parking area to the east. This emergency access shall be approved by McHenry Police Chief. 6. All other federal, state, and local laws shall be met. AND by making said motion, I agree with the staff’s assessment as outlined in the staff report that the approval criteria for Development Review, Conditional Use Permits, and Zoning Map Amendments has been met. Voting Aye: Bremmer, Smale, Rockweiler, Lehman, Walsh Voting Nay: Sobotta Absent: Davis Motion carried 5-1. A motion was made by Commissioner Lehman and seconded by Commissioner Lehman to approve a Preliminary and Final Plat of Subdivision of Authentix at McHenry subject to the following conditions: 1. An access easement shall be granted to the City of McHenry, their successors and assigns, that allows the City to install, maintain, renew, and remove facilities used in connection with stormwater drainage, if such maintenance obligations are not met by the property owner(s). Planning and Zoning Commission Meeting Minutes May 19, 2021 Page 10 2. The City shall provide the property owner(s) at least thirty (30) days’ notice, or another mutually agreed upon timeframe, to address any maintenance obligations that have been unfulfilled. 3. All easement language shall be approved by the Public Works Director. 4. Any future development on Lot 2 that requires a residential landscape screening strip shall be substantially similar to the landscaping and screening on Lot 1. Voting Aye: Bremmer, Smale, Rockweiler, Lehman, Walsh Voting Nay: Sobotta Absent: Davis Motion carried 5-1. Staff Report The next Planning & Zoning Commission meeting is scheduled for June 16, 2021. Adjournment A motion was made by Commissioner Bremmer and seconded by Commissioner Smale to adjourn the meeting at 10:09 p.m. Roll call: Vote: 6-ayes: Bremmer, Smale, Rockweiler, Lehman, Sobotta, Walsh. 1-absent: Davis. Motion carried. __________________________ Stacy Rockweiler, Chairwoman City of McHenry Planning & Zoning Commission 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, G&A European Quality Pros LLC., (“Owner of Record”), is requesting approval of a Use Variation to allow a Single-Family Residence in conjunction with a computer repair shop in the C-5 Highway Commercial District. The site consists of 0.275 acres, more or less, and is located approximately 160 feet west of the intersection of W. Elm Street (IL-120) and McCullom Lake Road, with a common address of 4805 W. Elm Street (“Subject Property”). The subject property was formerly occupied as a single-family residence in conjunction with a seamstress business. The property currently contains a vacant single-family residence and detached accessory building. According to the McHenry Township Assessor’s Office, the single-family residence was constructed in 1963. City records indicate at that time, the subject property was zoned R-3 Single Family District. In 1974, property owners Carmelo Burrafato and Lorenza Burrafato petitioned the City to reclassify the subject property from R-3 Single Family District to B-1 Commercial District which the City approved. Our records do not indicate the reasoning for reclassifying the property except that it followed the trend of B-1 Commercial District development on the east and west side of the property. The B-1 Commercial District does not allow single-family residential land use. Therefore, the use would have been classified as [legal] nonconforming and would follow the regulations identified in Article XX. “Non-Conforming Use” of the City’s Zoning Ordinance in effect at that time which states the following: “Any non-conforming use of a building, structure, or land which is discontinued for a period of six months or more shall not be continued again…” In 1986, the City underwent a comprehensive update of its zoning ordinance which involved the adoption of a new zoning district map. This process involved reclassifying properties to match the underlying land-use, location, as well as other trends in development. A majority of the properties along Elm St (IL-120) were reclassified as C-5 Highway District because of their proximity to a state highway. There was no record of the city or property owner changing the zoning classification of the subject property since the 1986 city-wide redistricting. This change in zoning classification had no impact on the legal nonconforming use. Regarding the legal nonconforming status of the single-family residence, the ‘86 zoning ordinance changed the period of time a nonconforming use would sunset - from 6 months to no time frame. Therefore, once the use had discontinued it was no longer allowed to reestablish. In 2008, the City Council amended this language to include a 30 day buffer. The use would need to discontinue for a period of 30 consecutive days before it was no longer allowed to be reestablished. It is staff’s understanding that the residence has remained vacant for more than 30 consecutive days and therefore is unable to be reestablished without receiving a Use Variance or a Zoning Map Amendment. Any new development would need to conform with the C-5 Highway Commercial District Land Use Regulations. The original owner of the property was made aware of the legal nonconforming status as indicated from the zoning verification letter dated September 25, 2020. There is also a note in the City’s electronic property file records that indicate the original owner was made aware of the nonconforming status as early as September 14, 2017. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends commercial land use on the subject property. The proposed single- family residence is not in compliance with the future land use map recommendation. CURRENT LAND USE AND ZONING The subject property is currently vacant and zoned C-5 Highway Commercial District. The property was formerly used as a single-family residence in conjunction with a seamstress business. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is not consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. • 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. o Policy – “Preserve and expand areas of Commercial land use.” (p. 27)  Approval of the applicant’s request would complicate the ability of the city to realize new development on the site. Being a smaller commercially zoned lot, the site is very limited in terms of commercial uses that could utilize the space. • Economic Development, Objective – Review development proposals to determine if the proposed commercial zoning will provide a necessary benefit to the area and approve new commercial zoning only where such benefit can be confirmed. o Policy – “Small, isolated residential lots along IL Routes 31 and 120 should be consolidated and redeveloped for uses compatible with adjacent development, preferably with assembled parcels of 2 or more acres.” (p. 54)  The Comprehensive Plan recommends small residential lots on state routes should be consolidated and redeveloped for further commercial use. Approval of the applicant’s request would hinder the ability of the City to redevelop this section of IL-120. SITE PLAN ANALYSIS The petitioner is not proposing any changes to the existing site except for interior remodel. The proposed computer repair business is allowed as a permitted use. The business will service computers and cell phones by appointment only. There is room for approximately 1-2 parking spaces in the front and to the side of the garage which is in conformance with the City’s Off Street Parking and Loading Requirements. STAFF RECOMMENDATION & MOTION In summary, the petitioner is requesting approval of a use variance to allow a single-family residence in conjunction with a computer repair business in the C-5 Highway Commercial District. The subject property is approximately 0.275 acres which makes it challenging for many commercial land uses to locate here. The property has remained vacant for several years. The Comprehensive Plan specifically recommends small lots located on IL-120 be consolidated to allow for more productive uses. Approval of the request would negatively impact the ability of the City to consolidate these smaller lots. Staff made the previous owner aware that the single-family residence would not be allowed to be re-established without approval of a Use Variation (see attached letter). Staff is recommending denial of the petition based upon the recommendation of the Comprehensive Plan. If the Planning & Zoning Commission agrees with staff’s assessment then one motion is recommended: MOTION: I motion to recommend denial of the petitioner’s request for a use variance to allow a single-family residence in a C-5 Highway Commercial District: AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations have not been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) A.Practical Difficulties or Particular Hardship. Staff believes adequate notice has been provided to the original owner of the property who should have made the current owner aware during the sale of the property as identified in the Zoning Verification Letter dated September 25, 2020. B.Reasonable Return. Staff believes the property may generate a reasonable return on investment with uses that are allowed in the C-5 Highway Commercial District by the Zoning Ordinance. C.Unique Circumstance. Staff believes this is not a unique circumstance due to the prior owner being made aware that the City’s Comprehensive Plan does not allow the single-family residence to be re-established. D.Not Alter Local Character. The proposed use for a stand-alone single-family residence in the C-5 Highway Commercial District is not desirable based upon the recommendations of the City’s Comprehensive Plan and Development Policies. The single-family residence is out of character with the surrounding commercial land use. E.Consistent With Title And Comprehensive Plan. The Comprehensive Plan specifically identifies that small commercial properties on state highways should be consolidated for more productive use. Approval of the request would go against the recommendation of the Comprehensive Plan. Attachments: •Zoning Verification Letter Dated 9.25.20 •Petitioner’s Application and attachments •Receipt of publication of legal notice Department of Economic Development Doug Martin, Director of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 dmartin@cityofmchenry.org www.cityofmchenry.org 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. September 25, 2020 Earl Dowell 2312 W Lincoln Road McHenry, IL 60051 RE: Zoning Inquiry – 4805 W. Elm Street Dear Mr. Dowell, Thank you for your zoning verification request for the property commonly known as 4805 W. Elm Street. The property currently contains a vacant single-family residence and detached accessory building. According to the McHenry Township Assessor’s Office, the single-family residence was constructed in 1963. Our records indicate at that time, the subject property was zoned R-3 Single Family District. In 1974, property owners Carmelo Burrafato and Lorenza Burrafato petitioned the City to reclassify the subject property from R-3 Single Family District to B-1 Commercial District which the City approved. Our records do not indicate the reasoning for reclassifying the property except that it followed the trend of B-1 Commercial District development on the east and west side of the property. The B-1 Commercial District does not allow single-family residential land use. Therefore, the use would have been classified as [legal] nonconforming and would follow the regulations identified in Article XX. “Non-Conforming Use” of the City’s Zoning Ordinance in effect at that time which states the following: “Any non-conforming use of a building, structure, or land which is discontinued for a period of six months or more shall not be continued again…”. In 1986, the City underwent a comprehensive update of its zoning ordinance which involved the adoption of a new zoning district map. This process involved reclassifying properties to match the underlying land-use, location, as well as other trends in development. A majority of the properties along Elm St (IL-120) were reclassified as C-5 Highway District because of their proximity to a state highway. There was no record of the city or property owner changing the zoning classification of the subject property since the 1986 city-wide redistricting. This change in zoning classification had no impact on the legal nonconforming use. Regarding the legal nonconforming status of the single-family residence, the ‘86 zoning ordinance changed the period of time a nonconforming use would sunset - from 6 months to no time frame. Therefore, once the use had discontinued it was no longer allowed to reestablish. In 2008, the City Council amended this language to include a 30 day buffer. The use would need to discontinue for a period of 30 consecutive days before it was no longer allowed to be reestablished. It is my understanding that the residence has remained vacant for more than 30 consecutive days and therefore is unable to be reestablished without receiving a Use Variance or a Zoning Map Amendment. Any new development would need to conform with the C-5 Highway Commercial District Land Use Regulations. • Link to Zoning District Bulk and Setback Requirements: http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=111129#s1365989 • See attached Zoning District Use Table for a list of permitted and conditional uses. Please let me know if you have any questions. Sincerely, Cody Sheriff City Planner City of McHenry csheriff@cityofmchenry.org O: 815-363-2181 C: 815-353-1033 Attachments: Zoning District Use Table FORM A Page 1 of 3 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1.Name of Applicant G&A European Quality Pros LLC Tel 815-404-1555 Address 4702 Ripon Rd. Crystal Lake, IL 60012 Fax 2.Name of Property Owner Tel (If other than Applicant) Address Fax 3.Name of Engineer Tel (If represented) Address Fax 4.Name of Attorney Tel (If represented) Address Fax 5.Common Address or Location of Property 4805 W Elm St. Mchenry, IL 60050 6.Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance - Minor Conditional Use Permit Zoning Text Amendment Zoning Variance Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: We are requesting a use variance to lease the property to DCRTEK Computer repairs. They would like to operate a store front out of the space as well as live there. 7. FORM A FORM A Page 2 of 3 Current Use of Property Vacant 8.Current Zoning Classification of Property, Including Variances or Conditional Uses Office - Commercial 9.Current Zoning Classification and Land Use of Adjoining Properties North: Commercial South:Commercial East:Mixed use – Residential and office space West:Residential 10.Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. x 1.Application Fee (amount) $ 2.Narrative Description of Request x 3.FORM A – Public Hearing Application 4.FORM B – Zoning Map Amendment (Rezoning) Application 5.FORM C – Conditional Use Application 6.FORM D – Zoning Variance Application x 7.FORM E – Use Variance Application x 8.Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit x 9.Plat of Survey with Legal Description 10.List of Owners of all Adjoining Properties 11.Public Hearing Notice 12.Sign (Provided by the City, to be posted by the Applicant) 13.Site Plan 14.Landscape Plan 15.Architectural Rendering of Building Elevations 16.Performance Standards Certification 17.Traffic Analysis 18.School Impact Analysis 11. FORM E Page 1 of 2 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1.Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance 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 a mere inconvenience. The property was previously utilized as a residential dwelling. Currently, the property is zoned for office use only. Owner has received an request to lease the space as both residential and commercial in order for prospective tenant to reside in the property as well as run an owner-operator PC repair and screen replacement business. ___________________ 2.Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. Owner has not received any feasible prospective tenants so as permit even a low rate of return on its investment. With the current rental market owner reasonably believes granting a Use Variance will permit the property to operate at its most useful means possible. The unique physical design of this property particularly adapts to the highest and best use of the property. 3.Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. Here, the property was previously zoned for residential use and occupancy therefore, prior utilization of the property demonstrates and establishes the special circumstances which should not render this application unreasonable. FORM E Page 2 of 2 4.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. Granting of this application will in-fact increase property value as the property is currently vacant and unoccupied. Granting will increase tax revenue for the municipality as well as the County, may potentially increase employment of the municipality. DCRTek as prospective tenant and residential occupancy operates a personal computer and screen repair business which would result in impairment of environmental quality and will not diminish public safety or welfare of the municipality or county as a whole. 5.Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Granting of this Use Variance application with further the general purpose and intent of the City’s plan as approval will permit a new business to operate in the property thus generating new tax revenue as well as increase property value which may result in higher property taxes thereby further increasing the City’s revenue and tax base. SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 06/09/21 11:10 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1892778 Status: New MCHENRY COUNTY PREPAID LEGALS Start: 06/11/2021 Stop: 06/11/2021 PO BOX 250 Times Ord: 1 Times Run: *** CRYSTAL LAKE IL 60014 CLEG 1.00 X 70.00 Words: 224 Total CLEG 70.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 109.30 # Affidavits: 2 Ad Descrpt: VARIANCE - G&A EUROPEAN Contact: LEGAL CLERK Descr Cont: 1892778 Phone: (815)459-4040 Given by: ANN ARVANTIS Fax#: P.O. #: Email: Created: bbehr 06/09/21 10:58 Agency: Last Changed: bbehr 06/09/21 11:09 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1889960 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 06/11 WEB CL 99 S 06/11 APNW CL 97 S 06/11 ----------------------------------------------------------------------------- PAYMENTS: -- 06/09/2021 109.30 VI ************8877 08216G[397579562] ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 06/09/21 11:10 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1892778 Status: New PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-989 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:00 P.M. on June 30, 2021 to consider an application by G&A European Quality Pros LLC ("Applicant") for the follow- ing requests in accordance with the City of McHenry Zoning Ordinance: Request for a Use Variance to allow a single- family residence in the C-5 Highway Commercial District. The site consists of 0.275 acres more or less, and is located on the south side of W Elm Street (IL-120), and approximately 135 feet west of the intersection of Meadow Lane and Elm Street with a common address of 4805 W Elm Street, McHenry, IL 60050 ("Subject Property"). PIN: 09-27-303-016 The Subject Property is currently zoned C-5 High- way Commercial District. A copy of the application is on file and may be exam- ined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363- 2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman Planning and Zoning Commission (Published in the Northwest Herald on June 11, 2021) 1892778 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, Kevin Naleck (“Contract Purchaser”), is requesting approval of a Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C-2 Neighborhood Commercial District. The site consists of 2.0 acres, more or less, and is located on the west corner of the intersection of Lillian Street and Crystal Lake Road with a common address of 4502 W Crystal Lake Road. Formerly occupied by the First Midwest Bank with drive-thru, the petitioner is proposing to utilize the site for the purpose of used car sales. The business, South Elgin Auto Sales, currently operates out of an industrial park in South Elgin. The business’ primary method of marketing is through online advertisement and the petitioner is not requesting any sign variations. The existing drive-thru would be utilized as a car port when customers are processing the sale of a vehicle or when scheduled for a test drive. The overnight storage of vehicles would be located in the northern most parking lot behind the principal building and adjacent to the large garage. The petitioner would utilize the garage as a showroom and storage. The petitioner is not proposing to store any vehicles in the parking lot adjacent to the principal building which would serve as customer parking. There would be no more than two employees on site at a time. The petitioner has also agreed to install additional trees along the customer parking lot that is adjacent to the principal building. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends commercial land use on the subject property. The proposed commercial/retail auto sales use is in substantial conformance with the future land use map recommendation. CURRENT LAND USE AND ZONING The subject property is currently zoned C-2 Neighborhood Commercial District. The site was previously occupied by a financial institution with a drive-thru. The primary concern is how the proposed use will be compatible with the surrounding office, single-family residential, and commercial uses. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. • Land Use, Objective – “Promote development that blends with existing development in the area especially if located within a unique sub-area”. o The subject property is located within the Crystal Lake Road Sub-Area. Development should be consistent with the plans recommendations. • Crystal Lake Road Sub-Area Plan – o "Building design for new, non-residential uses shall be consistent with the residential flavor of the area. Hip and gable roofs are encouraged while flat roofs are discouraged. Construction materials shall be primarily of brick or masonry." (p. 15) The development is not proposing any changes to the site nor the exterior appearance unless desired by the Commission or City Council. Any changes to signage or lighting shall be required to conform with City Ordinances. Staff is also recommending, and the petitioner has agreed, to plant several trees in front of the detention area. Four large shade trees originally occupied the site but were removed sometime within the last two years. Staff have informed the petitioner that a condition of approval will be to plant trees in accordance with the City’s Tree Preservation Ordinance. o "Lighting restrictions shall be considered with each proposed development to minimize light trespass and glare on nearby residential land uses." (p. 15) The development is not proposing any changes to the existing lighting on site. Staff will be placing a restriction that will prohibit video screen signage. o "Noise restrictions shall be considered with each proposed development to minimize impacts on nearby land uses." (p. 15) Previously occupied by a drive-thru banking institution, a used car dealership generates less traffic than drive-thru oriented uses. The petitioner does not perform any automobile repair on site and partners with third-party automobile repair shops to service/repair vehicles. A restriction will be placed on the use to prohibit automobile repair and body work. o "Hours of operation shall be restricted...Retail shall maintain hours of operation, including loading and unloading, between 7 a.m. and 9 p.m." (p. 15) The petitioner’s existing hours of operations are 7:00 a.m. to 9:00 p.m.; however, staff will also include this time restriction as a condition of approval. (Staff Report Continues on Next Page) SITE PLAN ANALYSIS The petitioner is not proposing any changes to the existing structures and parking lots. The site is in conformance with the City’s Off Street Parking and Loading Ordinance. Staff did discover that the previous owner removed several large trees adjacent to the customer parking area. Figure 1 shows the original trees on site in 2019 and figure 2 shows they have since been removed in 2021. Staff is requiring the petitioner replant trees in accordance with the City’s Tree Preservation Ordinance. The northern most parking lot is where the petitioner will be storing vehicles. According to McHenry County GIS, the proposed storage area is approximately 186 feet from the roadway as shown in Figure 3. Staff parked a vehicle and took a picture from the property line in Figure 2. Staff feels the 186-foot setback from the property line and the storage area would accommodate the storage of vehicles without negatively impacting the local character. Staff is recommending that the overnight storage of vehicles shall be restricted to the northern-most parking lot. Figure 1- Photo looking northwest from Crystal Lake Road. (Google Earth, 2019) Figure 2- Photo looking northwest from Crystal Lake Road. (Staff Photo, 2021) Figure 3 - McHenry County GIS Measurement, Sales Lot setback distance from property line. STAFF RECOMMENDATION & MOTION In summary, staff is in agreement with the petitioner that the site is uniquely designed to adequately accommodate automobile sales without detracting from the community character. The primary concern is the overall look and feel of the site and its impact on the surrounding area. Given the 186-foot setback distance of the storage area from the southeast property line, staff believes the storage area would not negatively impact the surrounding properties. The business relies on online advertisement to market and sell vehicles as opposed to large video signage that is traditionally associated with automobile dealerships. Staff is recommending several conditions of approval to accommodate the request in accordance with the Crystal Lake Road Sub-Area Plan. Staff is also recommending several conditions related to landscaping, overnight storage, and signage to protect the surrounding neighborhood character. Staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. (Staff Report Continues on Next Page) If the Planning & Zoning Commission agrees with staff’s assessment then the following motion is recommended: MOTION: I motion to approve the petitioner’s request for a use variance to allow an Open Sales Lot on the subject property subject to the following conditions: 1. The development shall be in substantial conformance with the submitted site plan. 2. Automobile repair and bodywork is prohibited on site. 3. The petitioner shall work with the Zoning Administrator to replant no less than four (4) appropriately sized shade trees along the southeast portion of the customer parking area in accordance with the City’s Tree Preservation Ordinance. 4. All video signage shall be prohibited. 5. The outdoor storage and display of vehicles shall be restricted to the northern most parking lot as identified in the site plan. This restriction does not apply to the day-to-day operations that may involve temporarily moving vehicles. 6. No vehicles shall be stored overnight unless located within the storage/display area. 7. The business hours of operations shall be restricted from 7:00 a.m. to 9:00 p.m. in accordance with the Crystal Lake Road Sub-Area Plan. 8. Any building façade improvements shall be in conformance with the recommendations of the Crystal Lake Road Sub-Area Plan. 9. All other federal, state, and local laws shall be met. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) A. Practical Difficulties or Particular Hardship. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship upon the applicant. The petitioner would otherwise not be able to utilize the property for said use. B. Reasonable Return. Staff believes the subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations. The city has experienced several bank sites sitting vacant for a number of years as online banking has shifted consumer preferences. C. Unique Circumstance. Staff believes the site design, layout, and large garage are uniquely positioned to accommodate the use. D. Not Alter Local Character. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Staff believes the proposed restrictions and approximate 186-foot setback distance from the property line will protect and preserve the local character along with the tree planting requirement. E. Consistent With Title And Comprehensive Plan. The developer is proposing commercial use and the Future Land Use Map recommends commercial land use. Staff believes the overall request is consistent with the Title and Comprehensive Plan. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1. Name of Applicant Tel Address Fax Email ______________________________________________________ 2. Name of Property Owner Tel Address Fax Email ______________________________________________________ 3.Name of Engineer Tel Address Fax Email ______________________________________________________ 4. Name of Attorney Tel Address Fax Email ______________________________________________________ 5. Common Address or Location of Property 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) Use Variance FORM A Page 3 of 19 4502 Crystal Lake Road McHenry IL 60050 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Page 4 of 19 7.Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) 9. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: South: East: West: 10.Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3.FORM A – Public Hearing Application 4.FORM B – Zoning Map Amendment (Rezoning) Application 5.FORM C – Conditional Use Application 6.FORM D – Zoning Variance Application 7.FORM E – Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9.Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City) 13.Site Plan 14.Landscape Plan 15. Architectural Rendering of Building Elevations 16.Performance Standards Certification 17.Traffic Analysis 18.School Impact Analysis Page 5 of 19 FORM E Page 1 of 2 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance 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 a mere inconvenience. The proposed use requires a "Use Variance" no matter the location in McHenry County. This zoning ordinance makes this process unavoidable for the proposed use. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. Thanks to online banking services many brick and mortar locations continue to close, over 3300 banks closed in 2020 alone. This property could remain vacant and eventually diapidate not only generating no return but becoming a hazard to the community. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. This Property is unique in the fact that it offers the perfect layout for the purposed use. With a private entrance, exit, indoor showroom space, sales office, and ample parking transitioining this vacant space into an operating retail auto sales makes perfect sense. 4. 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 granting of a variance will not alter the character, impair environmental quality, property values, public saftey, or welfare in the vicinity. Granting the variance will allow a vacant property to serve a new purpose supporting the community. The new business is primarily internet based, it requires no changes to the existing layout and the existing structures are a perfect fit. FORM E Page 2 of 2 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. This property is zoned for commercial use and according to the long term comprehensive plan it will remain commercial in the future. SHAW MEDIA Printed 06/14/21 11:41 EST. 1851 PHONE: 815-459-4040 PO BOX 250 FAX: CRYSTAL LAKE IL 60039-0250 Advertising Payment Receipt_________________________________________________________________________________ Account number:10069745 Account name:MCHENRY COUNTY PREPAID LE PO BOX 250 CRYSTAL LAKE IL 60014 Phone number:815-459-4040 Payment number:1317696 Payment date:06/14/21 Amount:106.62 Payment description:CREDIT CARD PAYMENT MCHENRY COUNTY PREPAID LE Credit Card #:************6008 Approval Code:124188[398515334] Credit Holder Name:KEVIN KNALECK _________________________________________________________________________________ Ad Number:Class Code:1893758 C8100 Ad Taker:Salesperson:bbehr CL62 First Words:VARIANCE - NALECK Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Planning & Zoning Commission FOR: June 30, 2021 Special Planning & Zoning Commission Meeting FROM: Cody Sheriff, City Planner RE: Zoning Text Amendments to §11-6-18 Adult-Use Cannabis Business, §11-9-7 Permitted and Conditional Uses in Commercial Districts, §11-10H-2 Table 2 Permitted and Conditional Uses, and §11-13-2 Table 2 Residential Screen Strip Design Standards of the Zoning Ordinance; and Text Amendments to §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review of the Subdivision Control and Development Ordinance. ATT: 1. Map Exhibits 2. Village of Lake in the Hills Cannabis Regulations 3. Link to National Criminal Justice Reference Service Report (Stohr et. Al, 2020) https://www.ojp.gov/pdffiles1/nij/grants/255060.pdf AGENDA ITEM SUMMARY: The City of McHenry is proposing text amendments to: 1. §11-6-18 Adult-Use Cannabis Business 2. §11-13-2 Residential Screen Strip Design Standards 3. §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review. 1. Adult-Use Cannabis Business Text Amendments. Background: The City of McHenry originally approved its cannabis zoning regulations in September of 2019. Many cities utilized widely-accepted model cannabis regulations, or some form thereof, published by the Illinois Municipal League. Since that time, Lake in the Hills was the only municipality in McHenry County to attract a Cannabis Dispensary. Staff theorizes this was most likely due to allowing it as a permitted use in their commercial district according to a NW Herald Article. Key provisions adopted by the City compared to what is allowed by State Statue are included in the following table: Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1 Variable Current City Ordinance State Statute Schools All Cannabis Uses Prohibited within 1000’ Allowed near School but advertisement prohibited within 1000’ Zoning Conditional Use in C5, I1, BP At City’s Discretion Geographic Restrictions Prohibited north of McCullom Lake Road. - Number 2 At City’s Discretion Onsite Consumption No At City’s Discretion Distance Between Dispensaries 1500’ 1500’ Other Info Applies to all use types. - Safety Considerations. Research has indicated cannabis dispensaries have little to no impact on crime (Stohr et. Al, 2020). A recent federally funded 158 page report published June 2020 by the National Criminal Justice Reference Service 1 indicated that “neither cannabis-related crime nor more serious offenses seemed to be affected by legalization. Certainly, the sharp decrease in cannabis-related crimes is to be expected from the legalization of its possession of small amounts; however, deprioritization by the police likely explains some of this decrease as well” (Stohr et. al, 2020, p. 114). The report also indicates law enforcement officials are concerned about drugged driving due to the “…difficulty in detecting it and documenting impairment for successful prosecution” (Stohr et. Al, 2020, p. 114). To staff’s knowledge, no major violent crimes have resulted from legalized cannabis dispensaries. However, more time is needed to determine the localized impact of legalized marijuana dispensaries in McHenry County. Staff Analysis. The City’s cannabis regulations allow for a maximum of two dispensaries as a conditional use in property zoned I-1 Industrial, BP Business Park, and C-5 Highway Commercial District. The City has approved one Cannabis Dispensary located on Prime Parkway in an Industrial Subdivision. Because dispensaries are currently destination type retail uses, staff believes it is more appropriate to locate them in retail commercial areas where the traffic generated would have a positive spillover effect on neighboring businesses. The Lake in the Hills Dispensary located in commercial Subdivision off Randall Road in a building that was occupied by a former restaurant. Currently, all cannabis use types are not permitted north of McCullom Lake Road. During the initial adoption, concerns were raised regarding police response times in the event a criminal incident occurred at a site north of McCullom Lake Road. Since the time the City adopted its cannabis regulations, it does not appear there have been any major criminal incidents as a result of legalized cannabis dispensary operations. State statute requires very strict security guidelines for businesses that operate a dispensary. After consulting with the Chief of Police, staff is comfortable with eliminating the geographic restriction north of McCullom Lake Road given how secure dispensary facilities are. 1 Established in 1972, the National Criminal Justice Reference Service (NCJRS) is a federally funded resource offering justice and drug-related information to support research, policy, and program development worldwide. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2 Staff is also proposing changes to some of the more industrial/manufacturing type uses such as cannabis craft grow, transportation, and infusion businesses. Craft grow, transportation, and infusion cannabis uses are currently allowed as a conditional use in the I-1 Industrial District, BP Business Park District, and C-5 Highway Commercial District. Staff believes these uses are appropriate and should be allowed as a permitted use within the I-1 Industrial District, BP Business Park District, but remain a Conditional Use in the C-5 Highway Commercial District unless co-locating with a dispensary which would then be allowed as a permitted use. Staff is also proposing to allow craft grow, transportation, and infusion businesses as a conditional use in the C-3 Community Commercial District when co-locating with a dispensary. A summary of the proposed text amendments are provided below. A GIS map showing the conditional and permitted dispensary areas have been included as an attachment. Proposed Cannabis Regulations Changes Cannabis Dispensaries Craft Grow, Infusion, Processor, and Transportation Permitted Use Location: Must be located on a State Highway or a Commercial Subdivision adjacent to a State Highway. Zoning: C-3 Community Commercial District or C-5 Highway Commercial District. Location: n/a Zoning: I-1 Industrial District, BP Business Park District or when co-locating with a cannabis dispensary in the C-3 Community Commercial District or C-5 Highway Commercial District Conditional Use Zoning: C-5 Highway Commercial District (without co- locating with a cannabis dispensary). and C-3 Community Commercial District when co-locating with a Cannabis Dispensary Prohibited Use All cannabis uses shall be restricted within the Core Downtown Sub Area, and Main St (from Crystal Lake Road to IL-31) Geographic Restriction Eliminate geographic restriction to allow cannabis uses north of McCullom Lake Road. Number Maximum of two (no change) No Limit. (no change) Onsite Consumption No (no change) Separation Distance Between Similar Use Types 1500’ (state mandated, no change) N/A (no change) Distance From Schools and Child Daycare Centers 1000’ (no change) 1000’ (no change) Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3 2. §11-13-2 Residential Screen Strip Design Standards. Staff is proposing minor changes to the residential screen strip landscaping design standards. The proposed changes would eliminate the requirement that privacy fences must be located interior to landscaping. Staff have run into issues with certain lot configuration that would make maintenance of said screened areas complicated. Staff is proposing to eliminate the placement provision to allow staff to work with business owners to place screening in areas that make logical sense. 3. §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review. Staff is proposing to eliminate this section entirely and replace with new language. The previous two subdivisions have gone through the process and only performed one hearing. The new proposed language would eliminate the standards to determine if a project can go through the simultaneous review process and allow the Zoning Administrator the ability to determine on a case-by-case basis what process would be most appropriate. If the Planning & Zoning Commission is in agreement with the proposed changes, then a motion is recommended: MOTION: I motion to approve zoning text amendments to §11-6-18 Adult-Use Cannabis Business, §11-9-7 Permitted and Conditional Uses in Commercial Districts, §11-10H-2 Table 2 Permitted and Conditional Uses, and §11-13-2 Table 2 Residential Screen Strip Design Standards of the Zoning Ordinance; and Text Amendments to §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review of the Subdivision Control and Development Ordinance as presented. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4 DRAFT Text Amendment Language 11-6-18: ADULT-USE CANNABIS BUSINESS: A. Adult-Use Cannabis Business Establishments: 1. Intent And Purpose: It is the intent and purpose of this section to protect the health, safety, welfare and morals of the citizens of the City by regulating the cultivation, processing and dispensing of adult-use cannabis occurring within the City. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the State or local regulations shall apply. 2. General Standards: a. The minimum distance between any Adult-Use Cannabis Dispensing Organization and the property line of a pre-existing Adult-Use Cannabis Dispensing Organization shall be one thousand five hundred feet (1,500'). b. A conditional use permit shall be required. c. The minimum distance between any Adult-Use Cannabis Dispensing Organization and the property line of a pre-existing public or private nursery school, preschool, primary or secondary school shall be one thousand feet (1,000'). Learning centers and vocational/trade centers shall not be classified as a public or private schools for purposes of this section. d. A maximum of two (2) Adult-Use Cannabis Dispensing Organizations shall be permitted to be operating in the City at any one time. e. At least seventy five percent (75%) of the floor area of any space occupied by an Adult-Use Cannabis Dispensing Organization shall be devoted to the activities of the Adult-Use Cannabis Dispensing Organization as authorized by the Cannabis Regulation and Tax Act. f. The City may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Cannabis Regulation and Tax Act and the conditional use criteria within this title. In a co-location the co-located establishments shall be the sole use of the space. f. Location: 1. Adult Use Cannabis Dispensaries. a. Permitted Use. Adult-Use Cannabis Dispensaries shall be a permitted use on properties located next to a State Highway, or located in a Subdivision abutting a State Highway, and zoned C-3 Community Commercial District or C-5 Highway Commercial District. 2. Cannabis Craft Grow, Cannabis Infuser Organizations, Cannabis Processing Organizations, and Adult-Use Cannabis Transporting Organizations. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 5 g.a. Permitted Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be a permitted use in the I-1 Industrial District, BP Business Park District, or when co-locating with a cannabis dispensary in the C-3 Community Commercial District or C-5 Highway Commercial District. a.b. Conditional Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be required to obtain a Conditional Use Permit to operate on property zoned C-5 Highway Commercial District unless co- locating with a cannabis dispensary. g. Exceptions. No Cannabis Business shall be permitted to operate within the Core-Downtown Sub Area as identified in the Core-Downtown Sub-Area Plan approved by ORD-09-1480 or on Main Street from Crystal Lake Road to IL-31. h. An adult-use cannabis business establishment may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act. i. On-site consumption at any Adult-Use Cannabis Dispensing Organization of cannabis and/or any product containing cannabis is prohibited. j. An adult-use cannabis business establishment shall file an affidavit with the City affirming compliance with all requirements of the Cannabis Regulation and Tax Act. (Ord. 19-1206, 10-7-2019) §11-9-7 Permitted and Conditional Uses in Commercial Districts Add Cannabis Dispensaries as permitted in C-3 Community Commercial and C-5 Highway Commercial Districts excluding Main Street (from Crystal Lake Road – IL-31) and excluding the Core-Downtown Sub Area as identified in the Core-Downtown Sub-Area Plan approved by ORD-09-1480 Add Craft Grow, Transportation, and Infusion Cannabis Businesses to permitted use when co-locating with a dispensary in the C-5 Highway Commercial District, and Conditional Use when not co-locating in the C-5 Highway Commercial District. Add Craft Grow, Transportation, and Infusion Cannabis Businesses to conditional use when co-locating with a dispensary in the C-3 Community Commercial District. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 6 §11-10H-2 Table 2 Permitted and Conditional Uses Change Craft Grow, Transportation, and Infusion Cannabis Businesses to permitted in the I-1 Industrial District and BP - Business Park District. 11-13-2: TYPES OF LANDSCAPING AND SCREENING REQUIRED: TABLE 2 RESIDENTIAL SCREEN STRIP DESIGN STANDARDS The residential screening strip shall consist of a privacy fence and a landscaped barrier. Privacy fence/opaque screening: 1. A 6-foot high opaque masonry wall (stone, stucco, or brick), privacy fence, or dense evergreen hedge shall be installed in addition to the landscaped screening unless adjacent to a public road right-of-way. 2. Shall be along 100% of the yard length. 3. Shall be located interior to the landscaped screening. Landscaped screening Landscaped Screening: A. A 5-foot wide landscaped perimeter shall be installed. B. Shall be along 100% of the yard length. C. Shall be exterior to the privacy fence. D. Trees shall be planted to provide a continuous canopy at maturity. E. Shrubs shall be planted on average of 1 for every 3 feet of yard length. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 7 12-4-3: SUBMISSION OF PRELIMINARY AND FINAL PLATS FOR SIMULTANEOUS REVIEW: A. Permitted; Requirements: The subdivider may submit a final plat simultaneously with the submission of a preliminary plat if the proposed subdivision meets all of the following requirements: 1. The proposed subdivision contains three (3) or fewer lots; and 2. The proposed subdivision does not require or create any new public rights-of-way or easements for access; and 3. The proposed subdivision requires no extensions of public utilities and no new public facilities; and 4. The proposed subdivision does not include any territory that is located in a special flood hazard area, or contain any proposed lots that may be unbuildable because of the nature of the soils located thereon. B. Compliance: The subdivider shall comply with all of the provisions of this title applicable to the submission of a preliminary plat and final plat. The Planning and Zoning Commission and City Council shall consider such plats simultaneously and shall approve or disapprove the final plat. (Ord. 04-841, 1-19-2004, eff. 2-1-2004) The Zoning Administrator may waive the requirement for the preliminary and final plats of subdivision to be reviewed sequentially and separately and may permit the simultaneous review of the preliminary and final plats provided, however the Planning & Zoning Commission may overrule such decision of the Zoning Administrator and require full compliance with the review procedures in this section, if it deems, in its opinion, to be necessary for a full understanding of the proposed development and its impact upon surrounding areas and the City of McHenry. SECTION 30 CANNABIS BUSINESS ESTABLISHMENTS 30.1 PURPOSE: The purpose of this section is to provide regulations regarding all types of recognized cannabis business activities permitted by state law, which include without limitation, craft growing, cultivation, dispensing, infusing, processing, testing, and transportation within the corporate limits of the Village, which are in addition to all other requirements of the Village’s Municipal Code and Zoning Ordinance. 30.2 DEFINITIONS: 30.2-1 School: For purposes of this section, school shall mean any public or non-public entity providing educational services equivalent to grades kindergarten through twelfth grades for multiple students and recognized by the Illinois State Board of Education in the Directory of Educational Entities. It shall not include home schooling, preschool, day care, or tutoring programs. 30.2-2 Public Park: For purposes of this section, public park shall mean public lands designed to serve one or more recreational needs of the area population. 30.3 GENERAL STANDARDS: 30.3-1 All operations of a cannabis business establishment shall comply with all requirements of the Cannabis Regulation and Tax Act (PA 101-0027) or the Compassionate Use of Medical Cannabis Pilot Program Act (PA 98-122) according to the licensing of the business and as it may be amended from time to time. In the event that the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Pilot Program Act is amended, the more restrictive of the state or local regulations shall apply. 30.3-2 For purposes of determining required parking, cannabis business establishments shall be classified as “Retail / Service Establishment” for activities having on-site retail operations and as “Industrial Use” for activities without on-site retail sales operations. 30.4 LOCATION RESTRICTIONS: 30.4-1 A cannabis business establishment having on-site retail sales shall be no closer than 300 feet to any residence, school, or public park, irrespective of municipal boundaries. The setback distance shall be the horizontal distance measured in a straight line, without regard to intervening structures, from the principal entry door of each facility except for public parks. The setback distance for public parks shall be the horizontal distance measured in a straight line, without regard to intervening structures, from the principal entry door of the cannabis business establishment to the nearest property line of the public park where the public may enter the park from a non-park parcel. 30.4-2 A cannabis business establishment not having on-site retail sales shall be no closer than 100 feet to any residence, school, or public park, irrespective of municipal boundaries. The setback distance shall be the horizontal distance measured in a straight line, without regard to intervening structures, from the nearest regularly used personnel or vehicle door to the nearest property line of the residence, school, or public park. If both uses are on the same parcel, the setback distance shall be measured between the nearest regularly used personnel or vehicle doors as determined by the Community Services Director. 30.4-3 The setback distances specified in this section may be reduced by half under a conditional use permit according to Section 24 of this Zoning Ordinance. The granting authority must make a finding that the proposed cannabis business establishment is not detrimental to the safety, morals, or general welfare of persons residing or working within the normal setback distances specified in this section. 30.5 PRESERVATION OF PERMITTED USE: 30.5-1 The addition of a new property use near the existing, approved cannabis business establishment, after establishment of the cannabis business establishment at a specific location, which places the cannabis business establishment in violation of this section shall not adversely impact the zoning of the cannabis business establishment’s permitted zoning status. This shall not create, confer, or convey any nonconforming right to the cannabis business establishment. Any lapse in licensing eliminates the right to operate outside of full compliance with this section. SHAW MEDIA AD INSERTION ORDER Salesperson: BARBARA BEHRENS Printed at 06/10/21 15:35 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10474 Ad #: 1893283 Status: New CITY OF MCHENRY Start: 06/14/2021 Stop: 06/14/2021 333 S. GREEN ST. Times Ord: 1 Times Run: *** MCHENRY IL 60050 CLEG 1.00 X 65.00 Words: 201 Total CLEG 65.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL # Affidavits: 1 Bill Desc: PLAN COMMISSION FILE Z988 Descr Cont: 1893283 Contact: DEBBIE SHOEMAKER Ad Descrpt: PUBLIC NOTICE NOTICE OF Phone: (815)363-2100 Given by: CODY SHERIFF Fax#: (815)385-0916 P.O. #: Email: brostron@ci.mchenry.il.us;nt Created: bbehr 06/10/21 15:31 Agency: Last Changed: bbehr 06/10/21 15:35 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1881597 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 06/14 WEB CL 99 S 06/14 APNW CL 97 S 06/14 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) SHAW MEDIA AD INSERTION ORDER (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 06/10/21 15:35 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10474 Ad #: 1893283 Status: New PUBLIC NOTICE PUBLIC MEETING NOTICE FILE Z-988 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:00 P.M. on June 30, 2021 to consider an application by City of McHenry ("Applicant") for the following requests in accordance with the City of McHenry Zoning Ordinance: Zoning Text Amendments to §11-6-18 Adult-Use Cannabis Business, §11-9- 7 Permitted and Condition- al Uses in Commercial Districts, §11-10H-2 Table 2 Permitted and Condition- al Uses, and §11-13-2 Table 2 Residential Screen Strip Design Standards of the Zoning Ordinance; and Text Amendments to §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review of the Subdivision Control and Development Ordinance. A copy of the application is on file and may be exam- ined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363- 2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald June 14, 2021) 1893283