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HomeMy WebLinkAboutPacket - 09/15/2021 - Planning and Zoning Commission um 'ouu��Nuuo�uua�N@Nrmn. uu�m�iw �•, ,muouu�iu� �mwwpu awWoo� mt„uo- mwuu',� �iuurrnmi, „wumwmwv M ��yy' cHenry PLANNING & ZONING COMMISSION MEETING NOTICE DATE: Wednesday, September 15, 2021 TIME: 7:00 p.m. PLACE: Zoom Web Conferencing Application Join Zoom Meeting: Ih. tps_:/ c.uty ffm �h �nUy x22M u �a 314)?? ... 3✓d Phone: +1-312-626-6799 Meeting ID: 833 4222 9340 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: June 30, 2021 5. Z-993-A Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width,parking lot perimeter landscaping,interior side yard setback,and any other zoning relief necessary to accommodate the existing principal building and accessory structures. Petitioner: Home of the Sparrow, Inc. (Owner of Record)of 4209 W.Shamrock Ln., Unit B, McHenry, IL 60050 Site Information:The site consists of 1.26 acres, more or less,and is located on the southeast corner of the intersection of W.West Shore Drive and N. Ringwood Road,with a common address of 2116 N. Ringwood Road,McHenry,IL 60050("Subject Property"). 6. Staff Report: Next Meeting Date: September 29,2021 Special Meeting 7. Adjourn 7 r it ., f ° enrr iy '" rr'��'� �lr rc.o virfir r O"re cr'tMr',r!*n.4, bu'!r'inil*S°k "w'CInd v'F!!'rdors of McHenry Ne i' �I.w highem`' r:alit trf frrr"r r r"ns tl717111"enfih e'!!;in a cu,!!:"t rrrr r°r:Y'rrii!?nLed, rflci nt:!inrri fh;cr'riiy r'•eno- N:n5ible nP,i!':mni,!? City of McHenry Planning and Zoning Commission Minutes June 30, 2021 Chairwoman Rockweiler called the June 30, 2021 special meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Lehman, Rockweiler,Smale,Sobotta and Walsh. Absent: Davis. Also in attendance were City Planner Cody Sheriff, Economic Development Coordinator Wolf, and Community Development Director Polerecky. Chairwoman Rockweiler opened the public portion of the meeting at 7:00 p.m.There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of May 19, 2021 regular Meeting Minutes as amended for a scribners error. Motion by Sobotta and seconded by Lehman for approval. Roll Call: Vote: 6-ayes: Commissioners Bremer, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nay; 0-abstained; 1-absent: Davis. Motion Carried. File No. Z-989 G&A European Quality Pros LLC Use Variance to allow a single-family residence in the C-5 Highway Commercial District Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-989 a request for Use Variance to allow a single-family residence in the C-5 Highway Commercial District in conjunction with a computer repair shop at 4805 Elm Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Anthoula Arfanitis, 4702 Ripon Rd., Crystal Lake, IL was sworn in and stated she is asking for a use variance to lease the property to a tenant who wants to operate a storefront on the property while living there. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property was formerly occupied as a single-family residence in conjunction with a seamstress business. It currently contains a vacant single-family residence and detached accessory building. He explained the history of the current zoning of the property and the use being classified as [legal] nonconforming subject to the regulations identified in the City's Zoning Ordinance in effect at that time 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. Planning and Zoning Commission June 30,2021 Special Meeting Page 2 Planner Sheriff presented, in summary, staff believes the proposed commercial redevelopment is in substantial conformance with the City of McHenry Zoning Ordinance. 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, however, small lots located on IL-120 be consolidated to allow for uses that are more productive. 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. Staff is recommending denial of the petition based upon the recommendation of the Comprehensive Plan. Planner Sherriff stated if the Planning & Zoning Commission agrees with staff's assessment then a motion is recommended for denial of the request, as presented in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions from any of the Commissioners. Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:08 p.m. Planner Sheriff asked if any of the Commissioners could make a statement as to why they do not need any discussion of the request. Commissioner Bremer opined the staff report was thorough and she wanted to acknowledge the Comprehensive Plan recommendation for small lots located on IL-120 be consolidated to allow for more productive uses. If this were approved, she does not believe that consolidation would be possible. Chairwoman Rockweiler stated she doesn't believe the request meets future land use planning. There was no comment by the other Commissioners. Motion by Bremer seconded by Smale with regard to File No. Z-989,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 as outlined in the staff report, as presented, and by making said motion, agree with staff's assessment that the approval criteria for Use Variations have not been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Bremer, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Davis. Motion for Denial Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-989 at 7:10 p.m. File No. Z-990 Kevin Naleck Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C-2 Neighborhood Commercial District Planning and Zoning Commission June 30,2021 Special Meeting Page 3 Chairwoman Rockweiler called the hearing to order at 7:10 p.m. regarding File No Z-990 a request for Use Variance to allow an Open Sales Lot for the operation of a used car dealership in the C-2 Neighborhood Commercial District at 4502 W. Crystal Lake Rd. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Kevin Naleck, 815 Schneider Dr., South Elgin, IL was sworn in and stated he is asking for a use variance to use this space to operate his small internet based used car dealership. He stated he has been in business since 2015 and provides the community a convenient, honest, and affordable location to purchase a used car. There would be no changes to the existing structures, no changes to the existing parking lot, no effect on neighboring properties, and a vacant property would have a new lease on life. This would be sales only location with all reconditioning being performed offsite and outsourced to other small business. He has been searching for a property like this for a long time and hopes to have the opportunity to serve the community and continue to build the business that provides for his family. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the petitioner 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 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. 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. 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. Planner Sheriff presented, 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. Planner Sheriff stated 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. Planner Sherriff stated if the Planning & Zoning Commission agrees with staff's assessment then a motion is recommended, with the conditions as presented in the Staff Report. He also stated one letter from concerned resident was received and addressed. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Planning and Zoning Commission June 30,2021 Special Meeting Page 4 Commissioner Sobotta asked if there would be trailers of vehicles unloaded at the property. Mr. Naleck responded no, and that all vehicles are obtained via personal pickup and delivery. Commissioner Smale asked sales hours. Mr. Naleck stated 10:00 am-9:00 pm. Commissioner Bremer requested a timeline on replanting of trees. Mr. Naleck stated he intends to have trees planted soon after closing. On an additional question of security, Mr. Naleck responded there would be basic security cameras and he hopes to reuse the bank cameras that were left in addition to an alarm company. Chairwoman Rockweiler asked if balloons and flag banners would be used on the property for sales and promotions. Mr. Naleck responded no, all promotion is done online. Commissioner Walsh asked if any repairs would be done on premises, what types of vehicles are intended to be sold, and what attracted Mr. Naleck to this specific location? Mr. Naleck responded that all repair work is outsourced other than small things such as replacing wipers etc. He added that many of his customs come from the McHenry area and the layout of this property was a perfect fit. He is not a typical car dealership that might rely on drive-by traffic. The usual vehicles he sells are basic four doors, mostly one owner and clear titled vehicles. Commissioner Lehman inquired about the amount of walk-in traffic that might be expected and how many cars he may typically house on the property. Mr. Naleck responded there may some but very little walk-ins. He added there might be 30 cars total on the property and in the garage/storage building combined. Planner Sheriff asked Mr. Naleck to inform the commission and audience on the number of employees at the business. Mr. Naleck stated it is primarily just him and possibly his father in law occasionally. Commissioner Bremer asked about a timeline on meeting any conditions required for approval. Planner Sheriff stated the applicant would not be issued a certificate of occupancy until all conditions are met, and all will be addressed and defined after a walk through inspection with the building inspectors. Chairwoman Rockweiler invited questions and/or comments from the Public. Terry Locke, 208 Windridge, McHenry was sworn in and stated most used car dealerships are online. He opined this is not a fit for this area and asked why the commission would vote for this. Commissioner Walsh replied that a vote has not been taken yet. Mr. Todd Lowenheim, McHenry was sworn in and simply stated "Really?" with no further explanation. Mr. Gary Morley, 1001 Hilltop Blvd., McHenry was sworn in. He identified himself as an adjoining business owner stating he does not feel this business is a good fit for the community neighborhood and believes it would be better suited along Routes 31 or 120. Planning and Zoning Commission June 30,2021 Special Meeting Page 5 Mr. Andy Glab 5001 Oakwood Dr. was sworn in stating the area is zoned neighborhood commercial. He opined that history shows it is commercial zoning which was originally intended for businesses that would serve the neighborhood community. He further opined this is spot zoning—changing the plan for a community property. He believes there are plenty of other areas more suited to this use in a C-5 zoning district and this is not the right location to establish a precedence outside the community plans for the area. He opined it would just put added strain on increased traffic in the area especially with the new high school configuration. He further stated that he recognizes development is needed in town but we should not continue to bend the rules just to get businesses here, rather that proper planning should be utilized. He asked the commission to please consider this and went on to welcome all the new board members. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:30 p.m. Commissioner Smale inquired if many vehicle test drives are run. Mr. Naleck stated test drives are by appointment only as a rule but it is not impossible to happen on occasion. Commissioner Lehman inquired as to the number of vehicles sold per month on average. Mr. Naleck responded about 250 per year. Chairwoman Rockweiler asked Mr. Naleck if he anticipates problems with traffic flow. Mr. Naleck responded there is very little increased traffic and two people at a time is a busy day. Chairwoman Rockweiler asked Planner Sheriff to clarify whether the future land use plan recommends this type of use and/or whether staff feels this use is properly reflecting what is recommended. Planner Sheriff stated not necessarily, but in light of several long-term vacant properties they would rather see this economic use than another long-term vacant unkempt property. Commissioner Sobotta asked if there are specific lighting regulations being imposed. Mr. Naleck stated they would only use lighting already in place and formerly in use. Planner Sheriff stated current ordinances must be followed and added the commissioners can add an additional condition if they feel it is needed. Discussion ensued. Chairwoman Rockweiler asked for motion. Motion by Sobotta seconded by Bremer with regard to File No.Z-990,to approve the petitioner's request for a use variance to allow an Open Sales Lot on the subject property as outlined in the staff report, subject to the following conditions, as amended: 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. Planning and Zoning Commission June 30,2021 Special Meeting Page 6 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 or inventory parking area as identified in the site plan. 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 facade 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. 10. No additional parking lot lighting shall be added to the site unless required by federal state or local law. and by making said motion, I agree with staffs assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report presented. Roll Call: Vote: 5-ayes: Bremer, Lehman, Rockweiler, Smale, and Sobotta. 1-nay: Walsh, 0- abstained, 1-absent: Davis. Motion Carried. Commissioner Walsh stated he does not believe this use meets the future land use plans and believes it is a poor location in the neighborhood for this type of business. Commission Sobotta stated his Yes vote was made only due to the stated promise by the Petitioner that the character of the site will not be changed. Chairwoman Rockweiler closed the hearing regarding File No. Z-989 at 7:45 p.m. City of McHenry File No. 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. Chairwoman Rockweiler called the hearing to order at 7:45 p.m. regarding File No Z-988 a request for various text amendments to the City of McHenry Zoning Ordinance. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating The City of McHenry originally approved its cannabis zoning regulations in September of 2019. 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. Key provisions adopted by the City compared to what is allowed by State Statue were presented. Planning and Zoning Commission June 30,2021 Special Meeting Page 7 Staff is also 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. Staff is proposing to eliminate the section on submission of preliminary and final plats for simultaneous review and replace it 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. Replacement language was summarized and reviewed. Planner Sheriff asked the Commissioners if they had any questions regarding the proposed changes to the residential screen strip landscaping design standards or submission of plats for simultaneous review. There were no questions or discussion by Commissioners. Planner Sheriff went on to summarize the proposed changes to the Cannabis text amendments stating research has indicated cannabis dispensaries have little to no impact on crime and shared crime related articles and reports. The City's cannabis regulations allow for a maximum of two dispensaries as a conditional use in property zoned 1-1 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 is located in a commercial Subdivision off Randall Road in a building that was occupied by a former restaurant. Currently, no cannabis use types are 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. 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. 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 1-1 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 1-1 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 Planning and Zoning Commission June 30,2021 Special Meeting Page 8 in the C-3 Community Commercial District when co-locating with a dispensary. A summary of the proposed text amendment language was presented. Planner Sheriff stated if the Planning & Zoning Commission agrees with Staff's recommended changes to the Zoning Ordinance, then staff recommends a motion be made as presented in the updated staff report, with corrections made 6-29-21 and presented by Planner Sheriff. Chairwoman Rockweiler opened the floor to questions and comments from the public. There was nobody in attendance who wished to address the Commission with public comment. Chairwoman Rockweiler closed the public comment portion of the hearing at 8:03 p.m. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Walsh inquired if any applicant been turned away prior to the request for these changes. Planner Sheriff responded no, he just viewed it as an easier process after observing Lake in the Hills process and it is preferred to attract a dispensary locally to help increase our sales tax proceeds and also receive additional help for our local non-profit organizations such as the Riverwalk. Chairwoman Rockweiler inquired as to who makes the decision regarding which nonprofits benefit from placement of a dispensary? Planner Sheriff responded it is the decision of the applicant/owner. She asked for clarification to be made regarding what is allowed where specifically on the map presented. Planner Sheriff clarified and stated the specifics are requirements by the State. Director Polerecky asked if the commission understood or wanted clarification on the different types of cannabis-related businesses outlined. Clarification was given. Chairwoman Rockweiler asked if staff feels these changes will make the process easier for applicants when licenses are finally issued by the state. Planner Sheriff responded yes, further clarifying the city is not allowing any on-site consumption anywhere and our ordinance is more restrictive than the State's requirements. There were no further questions from the commissioners. Motion by Lehman seconded by Smale, with regard to File No. Z-990, 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 in the amended staff report containing corrections made 6-29-21 as presented by Planner Sheriff. Roll Call: Vote: 6-ayes: Bremer, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Davis. Motion Carried. Planning and Zoning Commission June 30,2021 Special Meeting Page 9 Chairwoman Rockweiler closed the Public Hearing regarding File No. Z-990 at 8:10 pm. Staff Report:The next regularly scheduled meeting is July 14, 2021. Planner Sheriff stated there is one item submitted for the next agenda but it is still being reviewed. A complete streets streetscape plan is still in process and the Comprehensive Plan is proposed to be updated in the next year. An RFP for the City's old Central Wastewater Treatment plant is available on the City's website. Adjourn: Motion by Bremer and seconded by Smale, all approved. Meeting adjourned at 8:15 p.m. Staff Report for the City of McHenry Planning & Zoning Commission Petition: Z-993 Hearing Date: September 15, 2021 Applicant: Home of the Sparrow, Inc. ("Owner of Site Information: The site consists of 1.26 Record") acres, more or less, and is located on the southeast corner of the intersection of W. West Request: A Conditional Use Permit for an Shore Drive and N. Ringwood Road, with a Institutional Use for the continued operation of a common address of 2116 N. Ringwood Road, transitional living shelter and Zoning Variations McHenry, IL 60050 ("Subject Property"). to minimum lot width, parking lot perimeter landscaping, interior side yard setback, and any Zoning: RS-4 High-Density Single Family and other zoning relief necessary to accommodate RS-3 Medium-High Density Single Family the existing principal building and accessory Residential District structures. Future Land Use Designation: Medium-Density Residential Aerial if ail 9 00 200 Fee I I Zoning Map Zoning Districts E Estate RS-1 Low Density SFR r,, Z RS-1A Medium Low Density SFR 2 �I�IU�I Density- RS-2 Medium Densi SFR RS 3 Medium High Desna . . g ty SFR as RS-4 High Density SFR RA-1 Attached Residential RM-1 Low DensityMulti-Family , Y RM-2 High Density Multi-family ISO MU Mixed use a C 1 Convenience Commercial ,, . C 2 Neighborhood Commercial C-3 Community Commercial C-4 Downtown Commercial iii/o//�///, " � ���������������������� C-5 Highway Commercial o a ���i�w�n huh ii iii ' iiii BP Business Park .v f� W l n f ,aiaiaiaiaiii I1Industrial 0-1 Local Office � 0-2 Office Park IDD Integrated Design " �'� Sources E�ri HERE Garman FAO A�' `G „ ���� HC Health Care ,���1Jpen�treetMap contrtbu d 0 500 1,000 Fee A-M Agriculture and Mining Overlay - A-1 Agriculture Zoning Ordinance Definitions Zoning Designation RS-3 Medium-High Density Single Family Residential District - The RS-4 High-Density Single Family purpose of this district is intended to provide for the appropriate zoning Residential District and RS-3 of existing single-family neighborhoods in the City and to provide areas for new single-family detached dwellings in an environment characterized Medium-High Density Single by innovative designs, maintenance of natural features and topography, Family Residential District preservation of open space, and provision of amenities to serve residents RS-4 High Density Single-Family Residential District - The purpose of this Adjacent Zoning & Land Use district is intended to provide for the appropriate zoning of existing single-family neighborhoods in the City developed years ago under less North: B1 - Neighborhood stringent development standards. Business (unincorporated, vacant) South: RS-3 Medium-High Density Single Family Residential District East: R1 - Single-Family Residential West: A-1 Agriculture (unincorporated, farmstead) City of McHenry Future Land Use Map Estate Future Land Use Residential Estate Residential Low Density Residential Medium-Density Residential ,,. -Denis Residential Integrated Design District LC)WV C7rlSity Industrial R� i Business Park al errt Commercial °Agricultural Medium Density Office Municipal Residential_ r- Institutional Parks and Conservation Area Agricultural Environmental Corridors Water Other k , l0 Mixed-Use " Historic Downtown Residential (I' 1111M Dog Park �Vkk A w1 s' Environmental -Wetlands and�h�_I5 0 500 1,000 Feel Neighborhood Commercial VFW Comprehensive Plan Text Future Land Use MapDesignation Land Use Objectives: Medium-Density Residential ❑ "Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents. " (p 27) Adjacent Future Land Use ❑ "Encourage planned, high quality growth throughout the City." (p. 27) North: Medium-Density Residential South: Medium-Density Residential East: Medium Density Residential West: Low Density Residential 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, Home of the Sparrow, Inc., ("Owner of Record"), is requesting approval of a Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width (125 feet existing, estimated 300 feet required), parking lot perimeter landscaping (north parking lot, and east portion of south parking lot), interior side yard setback for the existing playground structure (estimated existing 3 feet, 6 feet required), and any other zoning relief necessary to accommodate the existing principal building and accessory structures. Home of the Sparrow provides affordable housing, rapid re-housing, and other supportive services for single women, pregnant women, and women with children —93 percent of women served are domestic abuse survivors. The petitioner has operated the shelter at 2116 N. Ringwood Road since 1991 (30 years). The site consists of 1.26 acres, more or less, and is located on the southeast corner of the intersection of W. West Shore Drive and N. Ringwood Road, with a common address of 2116 N. Ringwood Road, McHenry, IL 60050 ("Subject Property"). The City of McHenry and the petitioner successfully applied and received $120,000.00 in Community Development Block Grant (2019) funding for the extension of the water main along Ringwood Road. The goal of the project was to provide water sprinklers to the site for the safety of the occupants served by Home of the Sparrow. The property was recently annexed to the City of McHenry on April 5, 2021 as part of the agreement for connecting to City Water services. Approval of a Conditional Use Permit and Zoning Variations to continue to operate as a transitional living shelter is the final step in the process. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends Medium-Density Residential for the property. Institutional uses are allowed in all zoning districts subject to approval of a conditional use permit. Staff believes the proposed development is consistent with the future land use map recommendation. CURRENT LAND USE AND ZONING The subject property is zoned RS-4 High-Density Single Family on the north half of the property and RS-3 Medium-Density Single Family on the south half. The petitioner has operated a not-for-profit transitional living shelter on the property since 1991. Given the longevity of the operation, staff does not believe the continuation of the use would generate any adverse impacts on the surrounding property owners. 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. • Growth, Goal — "Encourage responsible, orderly growth in the City by assisting property owners with annexation, supporting development plans, and promoting redevelopment." (p. 28) o Objective—"Work to annex land into the City, especially unincorporated islands." (p. 28) ■ Policy — "Establish annexation priorities based upon the ability to logically extend and fund sewer and water lines to encourage growth and to discourage leapfrog development." (p. 28) • Approval of the petitioner's request would be supportive of the City's growth objectives and policies. City water services have been extended to service the site. • 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 Although many policies and objectives do not apply in this specific circumstance, staff believes approval of the request would be supportive of promoting responsible growth while providing a high quality of life to our residents. Transitional living shelters provide a much-needed form of housing for vulnerable populations. With not many transitional housing options currently available in McHenry County, staff believes approval of the request would be supportive of the broader idea of creating a mix of diverse housing options and services for the City's residents should those services be required. SITE PLAN ANALYSIS The petitioner is not proposing any changes to the site. See below for staff comments on zoning district bulk and setback requirements. Minimum Lot Width. Staff estimates there are approximately 6 dwelling units total -4 2-bedroom living units, and 9 dorm rooms with access to 2 kitchens. The Zoning Ordinance requires a minimum lot width of 50-feet per dwelling unit in the RS-4 District for a combined total of 300 feet. The petitioner will need to receive approval of a zoning variation to allow a minimum lot width of 125 feet in lieu of the required 300 feet. Parking Lot Perimeter Landscaping. The stripped spaces on the north side of the property do not have perimeter landscaping. This is primarily related to existing site constraints of the property which does not resonably allow perimeter landscaping at this location. The east side of the south parking lot is also missing perimeter landscaping; however, there are numerous decidious trees to the east that provide natural screening of the parking lot area. Staff is recommending that a condition of approval be added that the petitioner would be required to install parking lot perimeter landscaping should those trees be removed. Interior Side Yard Setback. The Ordinance requires a minimum of a 6-foot setback from the property line. Although the principal building complies, playground equipment appears to encroach within the setback. Staff has placed a general interior side yard setback provision within the request to accommodate all existing accessory structures on site. STAFF RECOMMENDATION & MOTION In summary, the petitioner is requesting approval of a Conditional Use Permit and Zoning Variations to accommodate the continued operations of a transitional living facility. Home of the Sparrow has utilized the property as a transitional living shelter since 1991. The property was recently annexed into the City on April 5, 2021 as part of an agreement to extend city water services. This connection was part of a Community Development Block Grant that both the City and the petitioner applied successfully for in 2019. Staff is recommending a condition of approval be added regarding the variance for the south parking lot perimeter landscaping that the property owner shall be required to install parking lot perimeter landscaping should the deciduous trees east of the subject property be removed. Overall, the proposal appears to be in substantial conformance with the City's Comprehensive Plan and Development Policies. Given the longevity of the use, and the value our community receives for having close access to a transitional living shelter, staff does not object to the petitioner's request subject to appropriate conditions. If the Planning& Zoning Commission agrees with staff's assessment, then two motions are recommended: 1st MOTION: I motion to recommend approval of the petitioner's request for a Conditional Use Permit for an Institutional Use to operate a transitional living shelter on the subject property. AND by making said motion, I agree with staff's assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR CONDITIONAL USES(11-15-5).Staff comments italicized below. A. Traffic:Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. a. Staff does not believe approval of the petitioner's request would generate any adverse traffic impacts. B. Environmental Nuisance:Any adverse effects of noise,glare, odor,dust,waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. a. Staff does not believe approval of the petitioner's request would generate any environmental nuisances. C. Neighborhood Character:The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district.The use will not have undue deleterious effect on the environmental quality, property values,or neighborhood character already existing in the area or normally associated with permitted uses in the district. a. Given that the property has operated as a transitional living facility since 1991, staff does not believe approval of the petitioner's request would generate any additional adverse impacts on the surrounding property owners. D. Public Services and Facilities:The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. a. The site is presently serviced by City Water. E. Public Safety and Health:The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. a. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors:The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. a. Overall, staff believes the proposed use is compatible with the surrounding residential land uses. (Staff report continues on next page) 2nd MOTION: I motion to approve the petitioner's request for the following Zoning Variations: 1) to allow a minimum lot width of 125 in lieu of the required 300 feet; 2) to allow no parking lot perimeter landscaping along the north side of the northernmost parking lot and east side of the southernmost parking lot subject to the condition that the property owner shall be required to install parking lot perimeter landscaping as required by the Zoning Ordinance should the existing trees east of the parking lot be removed as determined by the Zoning Administrator or if the vacant lots east of the south parking lot are developed; 3) to allow an interior side yard setback of 2 feet in lieu of the required 6 feet for the existing playground equipment; and 4) any other zoning relief necessary to accommodate the existing principal building and accessory structures. AND by making said motion, I agree with staff's assessment as outlined in the staff report and that the approval criteria for Variances have been met. VARIANCE APPROVAL CRITERIA(11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. The subject property was annexed into the City of McHenry in April 2021. Previously subject to the McHenry County Unified Development Ordinance, the annexation of the property now requires the property to conform with the City of McHenry Zoning Ordinance. Staff believes the petitioner's request is related to this special circumstance not found elsewhere. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to this property only and not all property within the RS-4 Residential District. C. Not Resulting From Applicant Action. The existing zoning nonconformities were created as a result of the annexation and not the property owner. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship onto the property owner since it has operated in its current capacity as a transitional living shelter for approximately 30 years. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the petitioner's request would not substantially alter essential character of the locality nor have any other adverse impacts given the property has been operated as a transitional living shelter since 1991. H. Consistent With Title And Plan: Staff believes the proposed development is appropriate for the residential zoning district since transitional living shelters(institutional uses)are allowed as a conditional use which is consistent with the Comprehensive Plan. I. Minimum Variance Recommended: Staff believes the proposed variations requested are the minimum required. Attachments: Petitioner's Application and attachments Receipt of publication of legal notice SHAW MEDIA EST . 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815) 459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 08/26/21 13 : 45 by bbehr-sm ----------------------------------------------------------------------------- Acct # : 10041420 Ad # : 1914736 Status : New HOME OF THE SPARROW Start : 08/27/2021 Stop: 08/27/2021 4209 W SHAMROCK LANE Times Ord: 1 Times Run: *** MCEHNRY IL 60050 CLEG 1 . 00 X 85 . 00 Words : 266 Total CLEG 85 . 00 Class : C8100 PUBLIC NOTICES Rate : LEGAL Cost : 129 . 40 # Affidavits : 2 Ad Descrpt : RINGWOOD ROAD CUP Z-993 Contact : DEBBIE DEGRAW Descr Cont : 1914736 Phone : (815) 271-5444 Given by: DEBBIE MCGRAW Fax# : P.O. # : Email : accounting@hosparrow. org Created: bbehr 08/26/21 11 : 37 Agency: Last Changed: bbehr 08/26/21 13 : 45 ----------------------------------------------------------------------------- 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 : Cx per Aileen ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 08/27 WEB CL 99 S 08/27 APNW CL 97 S 08/27 ----------------------------------------------------------------------------- (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 08/26/21 13 : 45 by bbehr-sm ----------------------------------------------------------------------------- Acct # : 10041420 Ad # : 1914736 Status : New PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-993 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing using the Zoom Internet Conferenc- ing Application which can be accessed through h ttps://cityofmchen rV. 200M.us/m/83342229340 or by dialing +1-312-626- 6799 (Meeting ID: 833 4222 9340) at 7:00 P.M. on September 15,2021 to consider an application by Home of the Sparrow, Inc. ("Properly Owner')of 4209 W. Shamrock Ln., Unit B, McHenry, IL 60050 for the following request(s), in accordance with the City of McHenry Zoning Ordinance: A Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width,parking lot perimeter landscaping, interior side yard setback, and any other zoning relief necessary to accommodate the existing principal building and accessory structures. Location: The site consists of 1.26 acres,more or less, and is located on the south- east corner of the intersection of W.West Shore Drive and N. Ringwood Road, with a common address of 2116 N.Ringwood Road,McHen- ry, IL 60050 ("Subject Property"). PIN: 09-21-452-041, 09-21-452-040, 09.21- 452-009, 09-21-452-010, 09-21-452-039 The property is currently zoned RS-4 High-Density Single Family Residential District. A copy of the application is on file and may be exam- ined by contacting Cody Sheriff,City Planner by email at csheriff@cityofmchenry. org or by calling 1-815- 363-2181. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Com- mission, City of McHenry, McHenry County,Illinois. /s/Stacy Rockweiler Chairwoman,Planning and Zoning Commission (Published in the Northwest Herald on August 27,2021) 1914736 PUBLIC HEARING REQUIREMENTS Planning and Zoning Commission (2021) City of McHenry aYAA..jd y frl ql nIr :: IEgLP1 irn.lr iugg...._z�!T!g 333 South Green Street o McHenry, IL 60050 o Tel: (815) 363-2181 0 Fax: (815) 363-2173 The following information is intended to assist a petitioner applying for any development action requiring a public hearing before the Planning and Zoning Commission, including Map Amendments, Conditional Use Permits,Zoning Variances and Minor Variances, and Zoning Text Amendments. A typical development action will take from 45 to 90 days to process. REQUIRED FORMS AND ATTACHMENTS For all actions requiring a public hearing, information must be submitted in accordance with the following checklist: CHECKLIST `o E E r- c a r v a v v M v a c o E E 2 Q D j Q c_v - .r a M « > x m O r > y w 7 bA O op40 D H N U N N 1 Application Fee(Page 2) X X X X X X X X 2 Narrative Description of Proposal X X X X X X X X 3 FORM A- Public Hearing Application (Page 5) X X X X X X X X 4 FORM B—Zoning Map Amendment Application (Page 9) X 5 FORM C—Conditional Use Permit Application (Page 10) X 6 FORM D—Zoning Variance Application (Page 12) X X 7 FORM E—Use Variance Application (Page 15) X 8 FORM F—Plat/Development Application X Proof of Ownership and/or Notarized Written Consent 9 from the Property Owner X X X X X X 10 Plat of Survey with Legal Description X X X X X X 11 List of Owners of all Abutting Properties X X X X X Public Hearing Notice(Created by staff, sent by 12 petitioner) X X X X X X 13 Site Plan X X X X X X X 14 Landscaping Plan ? ? ? ? X 15 Architectural Rendering of Building Elevations ? ? ? ? ? 16 Traffic Analysis ? ? ? ? ? 17 School Impact Analysis ? ? ? ? ? Public Hearing Application Packet Page 1 of 22 SUBMITTAL OF APPLICATION FORMS AND ATTACHMENTS-REQUIRED COPIES A preliminary draft of the application forms and attachments should be submitted to City Staff for review before finalizing the application. This review will help ensure that the application forms have been completed correctly and that all required attachments have been included. After receiving confirmation from City Staff,a petitioner can proceed by providing one(1)original plus fifteen (15) copies of all required application forms and attachments and a full legal description of the property prior to the application deadline,as listed below. All plans and oversized documents must be folded to 9"x 12"or smaller; rolled sheets will not be accepted. COVID 19 Note: Please submit all applications and attachments electronically via email to csheriff_@cityofmchenry.or until further notice.All meetings shall be conducted via the Zoom Web Conferencing Application. 2021 PUBLIC HEARING DATES AND APPLICATION DEADLINES Public hearings before the Planning and Zoning Commission are held at 7:00 p.m. in the City Council Chambers,at the McHenry Municipal Center,333 S. Green Street, McHenry, IL 60050. To be considered for scheduling before the Planning and Zoning Commission,all required application forms and attachments must be submitted to the City Planner, Cody Sheriff cslh lriiF.Ft�)_ci.Ly.Fm__henryogrg,who is located at the McHenry Municipal Center, no later than 4:30 p.m. on the date of the application deadline.A public hearing date will be confirmed only if all application forms have been completed correctly and all required attachments have been provided. Public Hearing Dates Application Deadlines Public Notice Deadline January 27, 2021 January 1, 2021 January 8, 2021 February 17,2021 January 22, 2021 January 29, 2021 March 17,2021 February 19,2021 February 26,2021 April 21,2021 March 26,2021 April 2,2021 May 26, 2021 April 30,2021 May 7, 2021 June 16,2021 May 21, 2021 May 28, 2021 July 14,2021 June 18,2021 June 25,2021 August 18,2021 July 23,2021 July 30,2021 September 15,2021 August 20,2021 August 27,2021 October 20, 2021 September 24,2021 October 1, 2021 November 17,2021 October 22, 2021 October 29, 2021 December 15, 2021 November 19,2021 November 26,2021 APPLICATION FEES Zoning Map Amendment(Rezoning) $950 Conditional Use Permit(CUP) $950 Zoning OR Use Variance $950 Zoning Ordinance Text Amendment $950 Staff Plat Review $950 Zoning Variance-Minor $175 Note: * The applicant is required to pay all of the City's personnel expenses incurred in relation to their request which may require a retained personnel deposit for any outside consultation. Public Hearing Application Packet Page 2 of 22 PUBLIC NOTIFICATION REQUIREMENTS In order to advise adjacent property owners and the general public of a public hearing,the petitioner must complete certain public notice requirements, including: 1)A hearing notice must be published in a local newspaper;2)A notice must be sent to all property owners abutting or across the street(right-of-way)from the subject property; and 3)A sign must be posted on the property(except for minor variances). 1. Publish a hearing notice in the local edition of Northwest Herald newspaper for one day. The City Planner will draft a legal notice for the petitioner to send to the Northwest Herald.After reviewing the notice,and the information provided is deemed correct by the petitioner, the notice should be sent directly to the Northwest Herald, preferably by electronic mail, also indicating billing for the notice should be sent directly to the applicant rather than the City of McHenry: Shaw Media®Northwest Herald ( 1 )526-449 (6 )368-8809 fax Box 250 Crystal Lake,IL 60039 publicnotice@nwherald.co If you e-mail the public notice, please call and confirm receipt of said notice at 815-526-4459 or the Classified Manager at 815-526-4439. NOTE: The notice must be provided to the newspaper at least three days prior to the desired publication date by 11:00 a.m. 2. Send a copy of the hearing notice via certified mail, return receipt requested, to the owners(last known taxpayer) of all parcels of property that are abutting or across the street (right-of-way-improved or unimproved public street, alley, body of water or railroad) from the subject property. The City Planner will provide the petitioner with a list of adjacent property owners. Property mapping and locations of abutting properties, parcel pin numbers and addresses can be most easily obtained by utilizing the following McHenry County mapping system link blLD// rpnh�nr rc orr.lygis.grg/A.th_eE�gl however the most accurate property ownership(most recent taxpayer) information should be obtained by utilizing the McHenry County Treasurer's Office on-line parcel search function which can be accessed using the following website �:L:t.P.;:/../...mch nryi....devn t�nr 3. Post a sign in the front yard of the subject property where it is visible from a public street and no further than thirty(30)feet from the edge of the right-of-way. A poster sign is provided by the City but it must be posted by the applicant if requested by City Staff. The sign must remain in place until the public hearing is concluded, and should be removed immediately thereafter. NOTE: Requests for Minor Variance are exempt from sign posting requirements.A Minor Variance is defined as follows: MINOR VARIANCE: a variance granted to the fee owner,contract purchaser or option holder of a single-family detached or attached dwelling or single-family detached or attached building lot for that dwelling or lot. Public Hearing Application Packet Page 3 of 22 VERIFICATION OF PUBLIC NOTICE In order to verify the completion of the public notice requirements,the applicant must provide the following items to the City Planner preferably at least five(5)days in advance of the public hearing(or on the date of the hearing with City of McHenry approval): 1. A"Certificate of Publication"from the Northwest Herald for the hearing notice. 2. Postal Return Receipts (white mailing receipts and green return cards) from the certified mailing along with any returned mail. 3. A signed and notarized affidavit stating that the applicant has completed all of the public notice requirements. (located on Form A) The affidavit should not be submitted until all notification requirements have been met. If you don't have access to a notary,you can complete this document at City Hall,where a notary is available. Quick Links: • Interactive Planning D_and Use, and 7onin Flags Public Hearing Application Packet Page 4 of 22 11 FORMA 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 Home of the Sparrow, Inc. Tel 815-271-5444 Address 4209 W. Shamrock Unit B McHena, IL 60050 Email dde rg awLdHOSparrow.org 2. Name of Property Owner Tel (If other than Applicant) Address Fax Email 3. Name of Engineer Tel (If represented) Address Fax Email 4. Name of Attorney Tel (If represented) Address Fax Email 5. Common Address or Location of Property 2116 N. Ringwood Rd McHenry, IL 60050 6. Requested Action(s) (check all that apply) Zoning Map Amendment(Rezoning) Zoning Variance—Minor(Residential) X Conditional Use Permit Zoning Text Amendment X Zoning Variance (Non-residential) Use Variance NARRATIVE Public Hearing Application Packet Page 5 of 22 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: Home of the Sparrow operates a Transitional Shelter located at 2116 Ringwood Rd McHenry 11 and has for 30 years since 1991. The shelter was previously located in McHenry County and was recently annexed into the City of McHenry, therefore, requesting a conditional use for the City of McHenry to operated the shelter within conforming use, Public Hearing Application Packet Page 6 of 22 7. Current Use of Property The property is currently being used as a Transitional Shelter and was previously in the jurisdiction of McHenry County. This property was annexed into the City of McHenry and therefore requesting a conditional use. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (�rdt.�ra°.t.Ily owng..:M Map-) The property is currently defined by the City of McHenry ordinance as an 'Institutional Use". Which requires a conditional use permit. Since the property was annexed into the City we are requesting a re- classification as conforming vs. being classified as legal nonconforming use which would negatively impact our ability to seek financing/insurance since the use would not be able to be re-established if the property is damaged or destroyed to the extent of 50%or more of the replacement value. 9. Current Zoning Classification and Land Use of Adjoining Properties (.Il=rac:tIlvc�...Zoning ) North: RS3 South: RS4 East: RS3 West: C2 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 Public Hearing Application Packet Page 7 of 22 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Public Hearing Application Packet Page 8 of 22 AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn,on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Applicant's Name and Address) For approval of: (Requested Action) (Applicant's Signature) (Applicant's Name and Address) Subscribed and sworn to before me this day of 2020. Notary Public Public Hearing Application Packet Page 9 of 22 11 FORM B File Number ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street-McHenry,IL 60050-Tel: (815)363-2170-Fax: (815)363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), 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 quest. 1. Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. 3. Consistent with Comprehensive Plan Objectives The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. Public Hearing Application Packet Page 10 of 22 11 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street-McHenry, 1L 60050 - Tel: (815) 363-2170 -Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, 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. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. There are no impact to traffic flow 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. The Shelter has been in operation for 30 years at this location, and has been a good neighbor providing NO effects on the environment. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The Shelter has been located in this plot for 30 years and has harmoniously fit into the area with no bearing on property values and has been a good neighbor. Public Hearing Application Packet Page 11 of 22 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The proposed use will not impact the public services to a degree that us disproportionate that would normally be expected. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The proposed use will not be detrimental to the vicinity. The shelter has been located on this property since 1991. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The proposed use is compatible to its current location as demonstrated since 1991. Public Hearing Application Packet Page 12 of 22 11 FORM D File Number ZONING 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 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a 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. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Home of the Sparrow is requesting the conditional use because of the annexation to the City. The shelter is now on City water and has installed a Fire Suppression System for safety measures to the community and its clients. The Shelter is on a main thoroughfare where other businesses, Churches reside. In order to have a conforming property the organization is requesting this conditional use since the annexation. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other parry with interest in the property. The only change to the property is that City water was brought into the building and a fire suppression system is installed. Public Hearing Application Packet Page 13 of 22 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. The request is only for the operation of the Transitional Shelter by Home of the Sparrow to conform with City guidelines. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The shelter has been in operation since 1991 where annually 100 individuals of which 60% are children reside and call this home. Without this location women and children would be on the street in the community. This would present a severe hardship to all involved. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. There are other businesses and churches located on Ringwood Rd. This does not represent a special privilege but rather a extraordinary service to the community 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. Public Hearing Application Packet Page 14 of 22 This variance and conditional use is necessary in order to continue to provide services to the community at large. This shelter is a huge asset to the City of McHenry and its residents. Public Hearing Application Packet Page 15 of 22 7. Not Alter Local Character The granting of a 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 shelter has been located on this parcel since 1991 with no adverse effects to the vicinity. S. Consistent with Zoning Ordinance and Comprehensive Plan The rg anting of the 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. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The variance will provide the City of McHenry and its residents a local resource to help people in need that otherwise might be on the streets. The use is reasonable and minimal. Public Hearing Application Packet Page 16 of 22 11 FORME I 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 use of the buildingis s to provide safe and decent short-term shelter to homeless women and children. Of which 65% are children without this facility there would be an impact of increased homeless individuals on the street in the community. This facility is an asset to the City. 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. The property is geared to provide shelter and will be used only accordance with the conditional use permit guidelines. 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 saine zoning district. Public Hearing Application Packet Page 17 of 22 There are other businesses on Ringwood Rd. However, this is the only shelter located on this roadway and location. Therefore, the organization is requesting the conditional use within this vicinity, 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 Transitional Shelter has been on this site location for 30 years without an impact. 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. Public Hearing Application Packet Page IS of 22 11 Form F PLAT/DEVELOPMENT APPLICATION 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 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 6. Requested Action Preliminary Plat Final Plat Development Provide a brief description of the Requested Action. For example, indicate the number of lots and the type of subdivision(single-family, townhome, commercial, industrial, etc.) or include a description of the development project: Public Hearing Application Packet Page 19 of 22 Public Hearing Application Packet Page 20 of 22 7. Current Use of Property The current use is a Short Term Transitional Shelter for Homeless Women and Children and has been since 1991. 8. Current Zoning Classification of Property,Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: 10. Required Attachments -Please refer to the attached checklist. 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owncrs(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. Public Hearing Application Packet Page 21 of 22 12. Certification 1 hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that the City process this application in accordance with the codes and ordinances of the City. Signature of Applicant(s) Print Name and Designation of Applicant(s) Public Hearing Application Packet Page 22 of 22 t / y r: r r I / jplllf )7ir J �. a ; a I e � f a �Cb N7B f �r IIIIU"� � PLAT OF ANNEXATION O a —°N Scale 1 =20' TO THE CITY OF MCHBNRY OF I ART OF TIME SOUTHEAST QUARTER OF SECTION�7 I, 7 TO'WNSI IIP 45 NORTH,RANGE 8,EAST OF TFIE THf.RD PRINCIPAL, tv, MERIDIAN,MCHENRY COUNTY,ILLINOIS. a i m C�2ra1 �w.i 1.:' 16 dn)M M.unMN.Rt GN (mNe r rvm cn rvtmq I t utar<,m�ca m,v:v„ul I WEST SHORE DRIVE 31 4 �Fv�otl F.: Vsukt M� InP, I fna, i � lurnl �� Y tl f vI'fRs:>bmal WF n u miYOun on1Y JT F dny Nc91 rry&. N. F t da'I I., t"� ar nmI tNtN from,rt[aa �uut�) Yf y "' •_ I Ifd!) f ' f '9t wi ro Mtn nU IN ._.. t ry �r,fm9 1 aver rva fNtf n:m nf_v... lslny b6X rJ.ei„�'o� L J Ff dS) n b � rc sf_ F I�% ( mvN ltenk&:m MAIN. cr y O f i (!� (nB"x Fv Y maxYrvtkM 0111) 12 U}C LIfIIVB Y(f'f ,fh (n,n3w r0y L Y f f Y H : 5 w Iry carvoa moon I."v W`t'� ax (u tl x_ y 1' ur Fu Yteti tlxl mml F:f �u11ir'a vuex rm mvrr wU'i u:ty uwn '.. f 9P y ,T,. nitt'furvayn ly 1rFniu II P v1!llrlru� / / —nomnnnmmloAmamimmMwmi�mmLmtmmmmmmmmmmnnylum�uunuMllm�w�tmmumm�munummMmonwAUI ,at CUY CLERKC 5 ERTHICRrE, C;1'l"Y'CLERKSCERTTk'IICA'Pti - - - ara'¢ oM.wrrurxv i F,e. LEGAL DESCRIPTION OF LANDS 10 BE ANNEXED TO THE CITY DF h1CHENRY nu:= 'x fwrwNT rva.. .......... h4PYCrve.Lt P1R..1nryT fY Y'nI: WMr,:; -p,NEf„Re rwfaLeex's 6.t F'MLcVu'6';oun TY'. ttr NCLVYH'IFICNry tupv mTT tdv LLLY crN Y h:"f('AU�NIN u 'aVJY'FU'FN M0.Y 9.14'n 'SU MF.M'tiYtl lC.K904'F VAUT�YY.w lSNTffi ahYa 90_, { L r - — -- SIOIMMOflVM011M01NIf�0�OMd�WINLN9WIM"✓I�:ItlMpNONMANMNNNMOPNNMM:pJTAOpmlimiNWpMmWMI1CAtlPo'NgMWplll\kSGNI�AWINIIIIIPIIII u N/ Iy PLAT OF ANNEXATION IT TI BAXTEP40ODMAN avcEml,Fv „F t ..0 ... Y �e / I. COXAMENIB _ _ fins YPY1 / F SSSf✓, p 1 n 4'- -' K' M'r¢a - YA_t,ICP.N New;n umTm:, tnof.ndz _ - 1I - "LICENSh.F..F¢Y it 51 10Y2• •Ru JtlD No: