HomeMy WebLinkAboutPacket - 10/20/2021 - Planning and Zoning Commission McHenry
PLANNING hkZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, October Z0' Z0Z1
TIME: 7:00p.m.
PLACE: Zoom Web ConferendngApplication
Join Zoom Meeting:
Phone:+1-3l2'626'6799
Meeting ID:8947SS14S61
AGENDA
1. Call to Order
2' Roll Call
3. Public Input—(five minutes total on non-agenda items only)
4. September lS'2021 and September 29'202I
5. Z-1002—Use Variation and Zoning Variations for a 3-Unit Multifamily Building at 3807 Main Street
Petitioner:Walter and Teresa Truszkovvski Trust of51Z] Kar|sburg P|, Palm Harbor, FL]4685(^OvvnerofRecord^)
6. Z-994—A Conditional Use Permit and Zoning Variations for a Drive-Thru Restaurant at 4104 W. Elm Street
Petitioner: PWi||co Investments ofS215 Old Richard Rd,Suite 138'Skokie, |L60077("ContractPumhaser")
7. Z-1003—A Zoning Map Amendment to the C-3 Community Commercial District,Conditional Use Permit,and Zoning
Variations for a Tavern&Bar with Live Entertainment at 4502 W.CrVstal Lake Road
Petitioner: Bertram Irslinger, managing member of Bank Storage LLC. of 409 N Front Street, McHenry, |L600G0("Contract
Purchaser")
8. Z-999—Use Variation and Zoning Variations for a Multifamily Development at 914 N. Front Street
PetitionecCommonwea|thDeve|opmentCorp.ofAmehcanf7447UniversityAvenue, K8idd|eton,VV| 53562(^Cnntract
Purchaser")
9. Z-998—Preliminary Plan Approval for a Planned Multifamily Integrated Design District Development at 812 N. Mill Street
Petitioner: Northpointe Development Corporation of 230 Ohio Street,Suite 200,Oshkosh,Wl 54902("Contract Purchaser")
10. Staff Report: Next Meeting Date: November 17'2OZ1
11. Adiourn
I he(7tymfMcHenry is dedicateidto pmmmirfing theoitizem;, businesses visitors mfMd"iem?"Y With the higheSt qW1111Ymf
pmogmmmns and aerw&es/n cilomstomrer tmemted,*�ffic/emt am,!Yfh;�c�!Y#yrespmnsil/emanner,
Page 1 of144
City of McHenry
Planning and Zoning Commission Minutes
September 15, 2021
Chairwoman Rockweiler called the September 15, 2021 meeting of the City of McHenry Planning
and Zoning Commission to order at 7:00 p.m. In attendance were the following: Davis, Lehman,
Rockweiler, Smale, Sobotta and Walsh. Absent: Bremer. Also in attendance were City Planner
Cody Sheriff and Economic Development Coordinator Wolf.
Chairwoman Rockweiler opened the public comment 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 June 30, 2021 special Meeting Minutes as presented. Motion by Lehman and
seconded by Smale for approval.
Roll Call: Vote: 5-ayes: Commissioners Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-
nay; 1-abstained: Davis; 1-absent: Bremer. Motion Carried.
File No. Z-993
Home of the Sparrow Inc
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.
Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No 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 at 2116 N. Ringwood Rd. Chairwoman Rockweiler
confirmed all legal posting requirements have been met.
Debbie DeGraw and Matthew Kostecki were sworn in and stated Home of the Sparrow operates
a Transitional Shelter located at the subject property and has for 30 years since 1991. The shelter
was previously located in McHenry County and was recently annexed into the City of McHenry.
They are requesting a conditional use for the City of McHenry to operate the shelter within
conforming use.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
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 fire sprinklers to the site for the safety of
the occupants served by Home of the Sparrow, upon recent annexation to the City of McHenry
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. Staff believes the proposed development is consistent with the future land use
map recommendation.
Page 2 of 144
Planning and Zoning Commission
September 15,2021
Page 2
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.
Overall, staff believes the proposed development is consistent with the City's Comprehensive
Plan objectives and policies, stating 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. Also, 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.
The petitioner is not proposing any changes to the site. 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.
The striped 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 reasonably 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.
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.
Planner Sheriff stated 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.
Planner Sherriff stated if the Planning & Zoning Commission agrees with staff s assessment then
two motions are recommended, 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 stated the staff
report was very clear in explaining the request.
Page 3 of 144
Planning and Zoning Commission
September 15,2021
Page 3
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.
Motion by Walsh seconded by Smale with regard to File No. Z-993, 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 as outlined in the staff report, as presented, and
by making said motion,we agree with staff's assessment that the approval criteria for Conditional
Uses have been met as outlined in the Staff Report.
Roll Call: Vote: 6-ayes: Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-
abstained, 1-absent: Bremer. Motion Carried.
Motion by Smale seconded by Lehman with regard to File No. Z-993, to recommend approval of
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, we agree with staff s assessment as outlined in the staff report and
that the approval criteria for Variances have been met.
Roll Call: Vote: 6-ayes: Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-
abstained, 1-absent: Bremer. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-993 at 7:15 p.m.
Staff Report: The next meeting is a special meeting on September September 29, 2021 and there
are currently three applications on the agenda. Planner Sheriff stated the Fox River Corridor Plan
is close to being finished and we are continuing to work on the Streetscape Plan. Planner Sheriff
also stated he is currently working on forced annexations and several apartment complex petitions.
Adjourn: Motion by Smale and seconded by Davis, all approved. Meeting adjourned at 7:20 p.m.
Page 4 of 144
City of McHenry
Planning and Zoning Commission Minutes
September 29, 2021
Chairwoman Rockweiler called the September 29, 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,
Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. Absent: None. Also in attendance were
City Planner Cody Sheriff, Community Development Director Polerecky, and Economic
Development Coordinator Wolf.
Chairwoman Rockweiler opened the public comment portion of the meeting at 7:00 p.m. There
was nobody in attendance who wished to address the Commission with public comment.
File No. Z-997
Jose Navarrete
Use Variation to allow a Body Art Establishment
In the C-5 Highway Commercial District
Chairwoman Rockweiler called the hearing to order at 7:01 p.m. regarding File No Z-997 a Use
Variation to allow a Body Art Establishment in the C-5 Highway Commercial District at the
subject property, commonly known as 4801 W. Elm Street. Chairwoman Rockweiler confirmed
all legal posting requirements have been met.
Mr. Navarette was sworn in and stated he would like to open a tattoo shop in the retail space
that has been vacant at the subject property for some time and he'd like to enrich the
community with his higher end artwork.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
Body Art Establishments (tattoo shops) are currently not an allowed use in any Zoning District in
the City of McHenry. Staff will be proposing text amendments to change this to an allowed use
in the C-4 Downtown Commercial District and C-5 Highway Commercial District later.
The subject property is currently zoned C-5 Highway Commercial District and has remained
vacant for several years. The subject property is surrounded by primarily commercial zoning
and land use with adjoining single-family residential land use to the south. The primary concern
is how the proposed use will interact with the adjoining properties. Body Art Establishments do
not generate adverse traffic nor noise. Staff does not believe approval of the request will
generate any adverse impacts. Overall, staff believes the proposed development is consistent
with the City's Comprehensive Plan objectives and policies, and if the Planning &Zoning
Commission agrees with staff's assessment, then a motion is recommended for approval of a
Use Variation to allow a Body Art Establishment in the C-5 Highway Commercial District as
presented and outlined in the Staff Report.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
Page 5 of 144
Planning and Zoning Commission
September 29,2021 Special Meeting
Page 2
Commissioner Walsh inquired as to the hours and days of week the establishment would be
open. Mr. Navarrete stated he works for Aramark at his children's school so the hours will be by
appointment only and will be evening hours only during the week.
Chairwoman Rockweiler inquired how Mr. Navarrete plans to advertise. Mr. Navarrete
responded he uses conventions and word of mouth. He added he has a following of clients who
ask him to repair their artwork done by other artists and that word spreads.
Commissioner Smale asked for confirmation that all required licensing and certifications are valid
and current. Discussion ensued regarding what is required for body art establishments. Mr.
Navarrete stated he has multiple awards and certifications and that he follows all standards with
sanitation and cpr training required by the State and local health department. Planner Sheriff
explained licensing is regulated by the state and local health departments.
Commissioner Lehman asked if there will be outside signage. Mr. Navarrete stated he would be
looking into simple window signage and knows he must follow all City signage requirements.
There were no questions from Commissioners Sobotta, Bremer, or Davis.
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 7:11 p.m.
Motion by Bremer seconded by Smale with regard to File No. Z-997, to recommend approval of
the petitioner's request for a Use Variance to allow a Body Art Establishment on the Subject
Property as outlined in the Staff Report, as presented, and by making said motion,we agree with
staff's assessment that the approval criteria for Use Variations have been met as outlined in the
Staff Report.
Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays,
0-abstained, 0-absent. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-993 at 7:13 p.m.
City of McHenry
File No. Z-995
Zoning Text Amendments to §11-9-7—Table 2—
Permitted and Conditional Uses in Commercial Districts.
Chairwoman Rockweiler called the hearing to order at 7:20 p.m. regarding File No Z-995 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
Staff is proposing text amendments to the Zoning Ordinance to allow Body Art Establishments
in the C-4 Downtown Commercial District and C-5 Highway Commercial District as a permitted
Page 6 of 144
Planning and Zoning Commission
September 29,2021 Special Meeting
Page 3
use. Tables were presented indicating history of other like businesses in the City of McHenry
and other towns were surveyed as to their requirements.
Planner Sheriff stated Body Art Establishments or tattoo shops are regulated by the Illinois
Department of Public Health Body Art Code and are required to register with the state. He
stated it is common knowledge that the popularity of tattoos has risen substantially over the
past decade. Surveys have indicated that 36% of US Citizens age 18-29 have at least one
tattoo. Staff believes the biggest fear of allowing tattoo shops as a permitted use is that they
would overcrowd some of our commercial areas. Staff surveyed and compared several
neighboring cities. Of those cities surveyed that allow tattoo shops, they do not appear to be
overcrowding the market. Being a service-oriented use, tattoo shops generate minimal
externalities. If the Planning and zoning Commission agrees with Staff's assessment, then a
motion is recommended for approval of Zoning Text Amendments as presented and outlined in
the Staff Report.
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 7:30 p.m.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
Commissioner Bremer stated she agrees fully with staff's assessment.
Commissioner Smale asked what the criteria was that necessitated the past more restrictive
zoning regulations. Planner Sheriff stated he was unsure why that decision was made in the past
as he was not working in the City at that time. He believes the reasoning was as stated in his Staff
report.
Commissioner Davis asked if a limit will be proposed on the number of establishments that can
be in these zoning districts. Planner Sheriff stated that no specific number is being proposed and
Staff looks at this as an opportunity to fill some of the vacant shops in C4 and C5 zoning districts
with service businesses. He does not believe there will be an influx of body art establishments.
Commissioner Davis asked if possibly limiting the number of establishments allowed in the future
can be revisited if needed. Planner Sheriff answered affirmatively. Commissioner Davis inquired
if there is minimum criteria that has to be met in regard to licensing. Planner Sheriff and Director
Polerecky explained the process of establishing a body art business in the City including the
establishment having to submit their certifications from the health dept in order to receive a
certificate of occupancy.
Commissioner Walsh asked if applicants are required to submit a business plan be presented to
the Commission or if they are coached/prepared on how to address the Commission. Planner
Sheriff responded they are given instructions on how to properly fill out a planning and zoning
application based on their specific zoning request.
Commissioner Smale stated she believes we won't get over-saturated just simply due to the
market regulating itself in the spirit of healthy competition.
Page 7 of 144
Planning and Zoning Commission
September 29,2021 Special Meeting
Page 4
There were no further questions from the commissioners.
Motion by Smale seconded by Lehman, with regard to File No. Z-995, to approve zoning text
amendments to §11-9-7—Table 2— Permitted and Conditional Uses in Commercial Districts as
presented and outlined in the Staff Report.
Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays,
0-abstained, 0-absent. Motion Carried.
Chairwoman Rockweiler closed the Public Hearing regarding File No. Z-995 at 7:30 pm.
File No. Z-996
Basil DeStefano and Elizabeth Wagner-DeStefano
A Minor Zoning Variation from the RS-4 High-Density Single-Family Residential District
Interior Side Yard and Rear Yard setback requirements to accommodate a new single-family
residence at 3719 W. Freund Avenue
Chairwoman Rockweiler called the hearing to order at 7:32 p.m. regarding File No Z-996, a
minor zoning variation from the RS-4 High-Density Single-Family Residential District interior side
yard and rear yard setback requirements to accommodate a new single-family residence at
3719 W. Freund Avenue. Chairwoman Rockweiler confirmed all legal posting requirements have
been met.
Mrs. DeStefano was sworn in and stated they are requesting a zoning variance slightly over the
building line requirements to accommodate their house plans with a detached garage. These
plans will include open green space between the house and garage and provide a sightline to
the creek from the street view which is keeping in harmony with the existing neighborhood.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
The petitioners, Elizabeth Wagner-DeStefano and Basil DeStefano are requesting approval of
the following Zoning Variations to accommodate the construction of a new single-family
residence:
• A variance to allow a rear yard setback of 18.2' in lieu of the required 25 feet; and
• A variance to allow an interior side yard setback of 4.7' in lieu of the required 6 feet.
The original principal residence was in a poor condition and was demolished earlier this year.
Staff was able to visit the site and speak with the adjacent neighbors while posting the sign on
the property. Overall, the neighbors to the north and south appear to be supportive of the
request. The neighbor to the south stated he would be happy once the project was completed
and that it would be a good investment in the neighborhood
The future land use map recommends low density single-family land use for the subject
property.
The subject property, and surrounding neighborhood, is zoned RS-4 High-Density Single-Family
Residential District.
Page 8 of 144
Planning and Zoning Commission
September 29,2021 Special Meeting
Page 5
Part of an older subdivision, the subject property and surrounding lots vary in size from 33-60
feet in width. Adjacent to a stream in the rear yard, staff does not believe the encroachment
within the rear yard setback will cause any adverse impacts. Due to the size and irregular shape
of the lot, staff is comfortable with the proposed side yard encroachment
In summary, Planner Sheriff stated staff is comfortable with the proposal and believes there is a
hardship present due to the size and shape of the lot. Conversations with the adjacent owners
indicated they would be relieved once the site is developed and welcome the investment into
the neighborhood. Staff does not object to the petitioner's request and recommends approval.
If the Planning &Zoning Commission agrees with staff's assessment, then a motion is
recommended for approval of the petitioner's request for zoning variations at 3719 Freund
Avenue as presented and outlined in the Staff Report.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There
were no questions from Commissioners Walsh, Smale, Lehman, Davis, or Bremer.
Chairwoman Rockweiler asked if the neighboring properties meet the current measurement
requirements. Planner Sheriff stated no but they are automatically grandfathered in.
Commissioner Sobotta requested clarification on the two variances needed and the exact
measurements, as well as the square footage of the house. Planner Sheriff clarified. Mrs.
DeStefano stated she believes the house will be 1800 sf but was not sure if that includes the
basement.
Chairwoman Rockweiler invited questions and/or comments from the Public.
Kathi Seivt was sworn in stating she lives to the left of the subject property. Ms. Seivt was looking
for clarification on whether or how far the new residence would encroach on her property line.
Planner Sheriff stated they will be required to provided a spot survey. He further stated the
neighbor to the North (which was clarified is the Seivt residence) will have at least 10 feet
between the houses. Cody verified the new dimensions will be compliant. Mrs. Seivt stated she
is happy it is confirmed there will not be an encroachment that would be a problem in any future
sale of her property.
Scott Rowe, 1403 N Freund Ave., was sworn in. Mr. Rowe asked for clarification on what the new
dimensions/measurement will be on the north side of the new residence. Planner Sheriff
provided clarification. Mr. Rowe stated he was happy with the clarification given and has no
further concerns.
Chairwoman Rockweiler closed the public comment portion of the hearing at 7:47 p.m.
Motion by Davis seconded by Smale with regard to File No. Z-996,to recommend approval of the
petitioner's request for the following zoning variations at 3719 Freund Avenue:
1. A variance to allow a rear yard setback of 18.2' in lieu of the required 25 feet; and
2. A variance to allow an interior side yard setback of 4.7' in lieu of the required 6 feet.
Page 9 of 144
Planning and Zoning Commission
September 29,2021 Special Meeting
Page 6
AND by making said motion, we agree with staff's assessment that the Approval Criteria for
Variances have been met as outlined in the Staff Report, as presented.
Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays,
0-abstained, 0-absent. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-996 at 7:52 p.m.
Staff Report: The next meeting is October 20, 2021. It should be a full agenda. Please respond
as soon as possible to the invitation regarding
Adjourn: Motion by Smale and seconded by Bremer, all approved. Meeting adjourned at 7:55
p.m.
Page 10 of 144
Staff Report for the City of McHenry Planning & Zoning Commission
Petition: Z-1002 Hearing Date: October 20, 2021
Applicant: Walter and Teresa Truszkowski Trust Site Information: The site consists of 0.19
of 5123 Karlsburg PI., Palm Harbor, FL 34685 acres, more or less, and is located
("Owner of Record") approximately 196 feet west of the intersection
of Main Street and N. Center Street, on the
Request: A Use Variation to allow a 3-Unit south side of Main Street, with a common
Multifamily Residence and any other Zoning address of 3807 Main Street, McHenry, IL
Variations necessary to accommodate the 60050 ("Subject Property").
existing principal building and accessory
structures. Zoning: RS-4 High Density Single Family
Residential District
Future Land Use Designation: Medium Density
Residential
Aerial
100 200 Fee
Page 11 of 144
Zoning Map
Zoning Districts
E Estate
RS-1 Low Density SFR
f RM-2 ;
RS-1A Medium Low Density SFR
RS-2 Medium Density SFR
,...,..
RS-3 Medium High Desnity SFR
RS-4 High Density SFR
l�111111U1111111J��y��� RA-1 Attached Residential
3� 4' 100 RM-1 Low Density Multi-Family
RM-2 High Density Multi-family
ISO,
MU mixed use
C-1 Convenience Commercial
C-2 Neighborhood Commercial
-4 C-3 Community Commercial
..
j C-4 Downtown Commercial
C-5 Highway Commercial
GiaaaiiiJ BP Business Park
<RM- RM-2 RM I-1 Industrial
! ilililililililililillG 0-1 Local office
0-2 Office Park
IDD Integrated Design
E
i f �
// HC Health Care
ri HRE � in FP,C7
� �kreetMa�cor`trib I&
A-M Agriculture and Mining Overlay
.1 RM-a � 31� 0 500 1,000 Fee
- A-1 Agriculture
Zoning Ordinance Definitions Zoning Designation
RS-4 High Density Single-Family Residential District - The purpose of this RS-4 High Density Single-Family
district is intended to provide for the appropriate zoning of existing Residential District
single-family neighborhoods in the City developed years ago under less
stringent development standards.
Adjacent Zoning & Land Use
RS-4 High Density Single-Family
Residential District
Page 12 of 144
City of McHenry Future Land Use Map
Future Land Use
Estate Residential
LoW'Dens 11 ity Low Density Residential
a Residential Medium-Density Residential
En 111
,;a High-Denisty Residential
Integrated Design District
nic
i; Industrial
Business Park
Commercial
Office
Municipal
Institutional
Parks and Conservation Area
rra' 1 Agricultural
I Residential Environmental Corridors
! Medium-Density water
Institutional
Residential Other
Mixed-Use
Historic Downtown
Residential
" r 1111M Dog Park
Sources Es, I I' �� r 3,m!FAO, NOAA,USGS,
� �t� Environmental -Wetlands
cantrikiutors,and the GIS
o Soo ,000 Fee IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Neighborhood commercial
Aril VFW
Comprehensive Plan Text Future Land Use MapDesignation
Land Use Medium Density Residential
❑ Objective: "Allow a mixture of land uses in appropriate areas to
promote responsible growth while providing a high quality of life to the
residents." (p. 27) Adjacent Future Land Use
Medium Density Residential
Page 13 of 144
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, Walter and Teresa Truszkowski Trust (Owner of Record), is requesting approval of a Use
Variation to allow a 3-unit multifamily residence at 3807 Main Street. The property will also need to receive
approval of the following Zoning Variations to accommodate the development:
1. Variation to allow a minimum lot area of 8,766.72 square feet in lieu of the required 15,000 square
feet.
2. Variation to allow an interior side yard setback 4 feet in lieu of the required 6 feet for the existing
garage.
3. Variation to allow a rear yard setback of 4 feet in lieu of the required 6.25 feet for the existing garage.
4. Any other variations necessary to accommodate the existing development.
The subject property was granted a Use Variation to allow a duplex residential building by Ordinance 0-77-116
on August 15, 1977. A potential buyer interested in the property contacted the city to confirm zoning status of
the existing 3-unit multifamily residence. It was at this time staff notified the buyer that the property was only
approved for a duplex and the basement unit was unlawfully established.The petitioner will need to receive
approval of the Use Variation to allow the third unit to remain on the property. The principal structure was
constructed in 1988. Staff believes the 3rd unit has existed on the property for at least ten years based upon
google earth photos.
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.
• The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning
Ordinance.
STAFF ANALYSIS
CURRENT LAND USEAND ZONING
The subject property is currently zoned RS-4 High Density Single-Family District.A multifamily residence is not permitted
within the RS-4 District; however,the surrounding land use appears to also consist of nonconforming multifamily
residential dwellings. Originally approved for a duplex, staff does not believe an additional dwelling unit on the site
would create any adverse impacts.
FUTURE LAND USE MAP RECOMMENDATION
The future land use map recommends medium density residential on the subject property. The property is
somewhat in compliance with the recommendation.
Page 14 of 144
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 —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 residential land use." (p. 27)
■ Approval of the applicant's request would preserve and expand areas of residential land use.
• Neighborhood Character,Objective—Promote Downtown Housing.
o Policy—"Approve high-density multi-family residential in conjunction with commercial retail to create a
mixed-use area." (p.48)
■ Being within walking distance to the Historic Downtown, approval of the request would promote
having multifamily land use within walking distance of commercial businesses.
STAFF RECOMMENDATION &ANALYSIS
In summary, staff believes the proposed use of the property is in substantial conformance with the City's
Comprehensive Plan and Development Policies. The Community Development Department has been working
closely with the petitioner and at the time of writing this staff report is scheduled to have a walk through
performed by our building inspector. From a Code Enforcement perspective, it is difficult for the City to
monitor and track these dwellings. The safety of the occupants of the building is the number one priority of
the Community Development Department. The petitioner will be required to address all building code
violations that result from the inspection. Given the longevity of the use and the minimal impact on the
surrounding property owners, staff does not object to the petitioner's request and recommends approval
subject to appropriate conditions.
If the Planning& Zoning Commission agrees with staff's assessment, then two separate motions are
recommended:
15Y MOTION: I motion to approve the petitioner's request for a use variance to allow a 3-unit multifamily
building at 3807 Main Street subject to the following conditions:
1. A building permit shall be obtained within six (6) months from the date of approval by City Council to
address all building code violations.
2. 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 (§11-19-61
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title relating to the use of the buildings or structures, or the use of
the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from
mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship.
B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
Page 15 of 144
Staff believes the subject property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations.
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff does believe the request is under special circumstances uniquely for this property because the
property has operated for over 10 years as a nonconforming multifamily building in a single-family
residential district.
D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the
locality, nor substantially impair environmental quality, property values or public safety or welfare in
the vicinity.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area. Bringing the property into compliance with building regulations will have a positive impact on
property values.
E. Consistent With Title And Comprehensive Plan:The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting
multifamily development near the Downtown.
2nd MOTION: I motion to approve the petitioner's request for the following zoning variations:
1. Variation to allow a minimum lot area of 8,766.72 square feet in lieu of the required 15,000 square feet.
2. Variation to allow an interior side yard setback 4 feet in lieu of the required 6 feet for the existing garage.
3. Variation to allow a rear yard setback of 4 feet in lieu of the required 6.25 feet for the existing garage.
4. Any other zoning variations necessary to accommodate the existing development.
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.
VARIANCE APPROVAL CRITERIA (11-19-51. Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes this is an unusual circumstance since the property has operated for at least 10 years with only
one minor property maintenance violation (garbage bin left out too long).
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance since the property has already operated for at least 10 years.
C. Not Resulting From Applicant Action.
The applicant did not create the 3-unit building.
D. Unnecessary Hardship.
Staff believes if the city enforces the ordinance that it would cause undue hardship since the property has
operated for at least 10 years as a 3-unit residence.
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:
Page 16 of 144
Staff believes approval of the applicant's request would not substantially alter essential character of the
locality nor have any other adverse impacts. Improvements to the subject property would positively impact
the surrounding area.
H. Consistent With Title And Plan:
Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the
Comprehensive Plan recommendation for increasing overall density in the downtown.
I. Minimum Variance Recommended:
Staff believes the proposed variance requests are the minimum required.
Page 17 of 144
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 10/04/21 09 : 56 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10069745 Ad # : 1924974 Status : New WHOLD
MCHENRY COUNTY PREPAID LEGALS Start : 10/05/2021 Stop: 10/05/2021
PO BOX 250 Times Ord: 1 Times Run: ***
CRYSTAL LAKE IL 60014 CLEG 1 . 00 X 79 . 00 Words : 242
Total CLEG 79 . 00
Class : C8100 PUBLIC NOTICES
Rate : LEGAL Cost : 121 . 36
# Affidavits : 2
Ad Descrpt : FILE Z -1002 TRUSZKOWSKI
Contact : LEGAL CLERK Descr Cont : 1924974
Phone : (815) 459-4040 Given by: WALTR TRUSZKOWKSI
Fax# : P.O. # :
Email : Created: bbehr 10/04/21 09 : 40
Agency: Last Changed: bbehr 10/04/21 09 : 47
-----------------------------------------------------------------------------
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 1924948
-----------------------------------------------------------------------------
PUB ZONE EDT TP RUN DATES
NW CL 97 S 10/05
WEB CL 99 S 10/05
APNW CL 97 S 10/05
-----------------------------------------------------------------------------
(CONTINUED ON NEXT PAGE)
Page 18 of 144
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION (CONTINUED)
Salesperson: BARBARA BEHRENS Printed at 10/04/21 09 : 56 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10069745 Ad # : 1924974 Status : New WHOLD WHO]
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-1002
Notice is hereby given that
the City of McHenry Planning
and Zoning Commission
will hold a Public Hearing
using the Zoom Internet
Conferencing Application
which can be accessed
through
hffos://cityofmchen rv.
zoom.us/i/89475514561
or by dialing +1-312-626-
6799 (Meeting ID: 894
7551 4561) at 7:00 P.M.
on October 20, 2021 to
consider an application by
Walter and Teresa
Truszkowski Trust of 5123
Karlsburg PI.,Palm Harbor,
FL 34685 ("Owner of
Record") for the following
request(s), in accordance
with the City of McHenry
Zoning Ordinance:
A Use Variation to allow a
3-Unif Multifamily
Residence and any other
Zoning Variations
necessary to accommodate
the existing principal
building and accessory
structures.
Location: The site consists
of 0.19 acres,more or less,
and is located approximately
196 feet west of the
intersection of Main Street
and N. Center Street,on the
south side of Main Street,
with a common address
of 3807 Main Street,
McHenry, IL 60050
("Subject Properly').
PIN: 09-26-356-007
The property is currently
zoned RS-4 High Density
Single Family Residential
A copy of the application is
on file and may be
examined by contacting
Cody Sheriff,City Planner by
email at csheriff@
citvofmchenry.ora 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
Commission, City of
McHenry, McHenry County,
Illinois.
/s/Stacy Rockweiler
Chairwoman,Planning and
Zoning Commission
(Published in the Northwest
Herald on October 5,
2021)1924974
Page 19 of 144
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 omersized documents must be folded to 9"x 12"or smaller;
rolled sheets will not be accepted.
Please submit all applications and attachments electronically via email to
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,333S.Green Street, McHenry, |L6OO5O. Tobe considered for scheduling before
the Planning and Zoning Commission,all required application forms and attachments must be submitted to the
City Planner,Cody Sheriff ,who is located at the McHenry Municipal Center, nolater
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
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 l$950
Zoning Variance—Minor 1$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 19 Page uom144
PUBLIC HEARING REQUIREMENTS
Planning and Zoning Commission(2021)
City of McHenry
www.cityofmchenry.org/planning
333 South Green Street o McHenry, IL 60050 a Tel:(815)363-2181 O 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
Please email the completed application to
csheriff@cityofmchenry.org E W c
L
C a c c d a�
y L £ U C O
Q M Q m
a R +r L
c F tko W a J2
tkD C IV C D M N
.E E Vf
N 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 1 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 ? I ? ? ? ?
16 Traffic Analysis ? ? ? ? ?
17 School Impact Analysis ? ? ? ? ?
Public Hearing Application Packet
Page 1 of 19 Page 21 of 144
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 o Fax:(815)363-2173
1. Name of Applicant ,, 1)4,- Tel
Address 6-5 P,4 1,#
3 /, 4 "
Email �,)X47VVa;e7A1,6*6A1 4, IL
2. Name of Property Owner Tel P4
Address 4,1 Fax
Email
3. Name of Engineer Tel
Address Fax
Email
4. Name of Attorney (1—"Tel 773 ZVZ
Address kyT
Email '"
5. Common Address or Location of Property 7 Alt A
AJ&V Z& Lz' e-2)
6. Requested Action(s)(check all that apply)
1:1 Zoning Map Amendment(Rezoning) D'Zoning Variance—Minor(Residential)
ElConditional Use Permit F Zoning Text Amendment
FIZoning Variance(Non-residential) RI Use Variance
Page 3 of 19 Page 22 of 144
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)
Page 6 of 19 Page 23 of 144
17-
7. Current Use of Property
I- L ?)Ali: 18A,7-6`
8. Current Zoning Classification of Property,Including Variances or Conditional Uses(tLiLLractivc AmWgmap)
9. Current Zoning Classification and Land Use of Adjoining Properties(111tcractive Z' in
North:
South:
East:
West: 4Q a X)
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
--.1--/-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 Page 24 of 144
AFFIDAVIT OFCOMPLIANCE
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 b
(Applicant's Name and Addressl
For approval of:
421
(Applicant's Signature)
~
plkmnt's0ame)
Ap |i sAddress)
k�
Subscribed and sworn to
before methis day
My Comm.Expires Apr 20)2
Page 7 of 19 Page u5m144
11 FORM B 11 File Number
ZONING MAP AMENDMENT (REZONING)
Planning and Zoning Commission
City of McHenry
333 South Green Street-McHenry,EL 60050 a 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 request.
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.
Page 8 of 19
Page 26 of 144
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.
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.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular
location.
Page 10 of 19 Page 27 of 144
11 FORM C File Number
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of McHenry
333 South Green Street-McHenry,11L 60050 a Tel: (815)363-2170 o 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 reguest.
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized.
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.
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.
Page 9 of 19 Page 28 of 144
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.
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.
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.
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.
Page 12 of 19 Page 29 of 144
FORM D 11 File Number
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street c-McHenry,1L 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.
2. Circumstances Relate to Property
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 party with interest in the property.
Page 11 of 19 Page 30 of 144
11 FORME File Number
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street-McHenry,II,60050 a 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 o�quest.
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.
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.
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.
Page 14 of 19 Page 31 of 144
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.
8. Consistent with Zoning Ordinance and Comprehensive Plan
The granting 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.
Page 13 of 19 Page 32 of 144
11 Form Ell File Number
PLAUDEVELOPMENT APPLICATION
City of McHenry
333 South Green Street McHenry,IL 60050 Tel: (815)363-2170-Fax: (815)363-2173
/S 79J
1. Name of Appli Tel F,
Address,,.-:7-/4--'
Fax 7 95Y
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
F�Preliminary Plat
FIFinal Plat
FIDevelopment
Page 16 of 19 Page 33 of 144
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,properly values,or public safety or welfare in the vicinity.
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.
Page 15 of 19 Page 34 of 144
5. Current Use of Property
6. Current Zoning Classification of Property,Including Variances or Conditional Uses
7. Current Zoning Classification and Land Use of Adjoining Properties
North:
South:
East:
West:
8. Required Attachments-Please refer to the attached checklist.
9. 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.
Page 18 of 19 Page 35 of 144
NARRATIVE
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:
Page 17 of 19 Page 36 of 144
10. 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 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)
Page 19 of 19 Page 37 of 144
To the city of McHenry and to whom it may concern:
from Walter Truszkowski
5123 Karlsburg Pl.
Palm Harbor FL 34685
1 bought the property at 3807 Main St. McHenry IL 60050 in 1998. 1 bought
it as it is now. It's a 3 apartment property. Each apartment has 2 bedrooms,
1 bathroom, a laundry area, a utility closet, kitchen, and living room. The
property came with a 3 car garage. The lower basement apartment has an
entrance from the front and an exit to the backyard and the garage space
from the back. Each unit has and had its separate electric meter, separate
gas meter, 3 AC units outside, 3 separate furnaces. That is the way I bought
it. The whole community has many multi-unit apartments and duplexes and
threeplexes. Also, my property is almost across the street from the 14-unit
apartment building on Main St. and route 31 south. I just found out that the
building was built as a duplex and not a threeplex, so I am asking for a
variance. Thank you, Walter Truszkowski.
1
Page 38 of 144
r
i
s �ii idl
rya
E
„I r
1
f/ q
Page 39 of 144
Staff Report for the City of McHenry Planning & Zoning Commission
Petition: Z-994 Hearing Date: September 29, 2021
Applicant: Millco Investments ("Owner of Site Information: The site consists of 0.66
Record") acres, more or less, and is located directly north
of the intersection of Crystal Lake Road and W.
Request: A Conditional Use Permit for the Elm Street, with a common address of 4104 W.
operation of a drive-thru restaurant and Zoning Elm Street, McHenry, IL 60050 ("Subject
Variations to Parking Lot Perimeter Property").
Landscaping.
Zoning: C-5 Highway Commercial District
Future Land Use Designation: Commercial
Aerial
100 200 Fee
Page 40 of 144
Zoning Map
Zoning Districts
E Estate
j/ RS-1 Low Density SFR
RS-1A Medium Low Density SFR
RS-2 Medium Density SFR
RS-3 Medium High Desnity SFR
RS-4 High Density SFR
RA-1 Attached Residential
RM-1 Low Density Multi-Family
RM-2 RM-2 High Density Multi-family
;RM-2ISO Mu Mixed use
C-1 Convenience Commercial
C-2 Neighborhood Commercial
C-3 Community Commercial
C-4 Downtown Commercial
43,
C-5 Highway Commercial
BP Business Park
I_
1 Industrial
0-1 Local Office
-4 0-2 Office Park
IDD Integrated Design
Sources.E "'�' m� A � R G� ' HC Health Care
RK-)20p � �^ �? "...
� � A-M Agriculture and Mining Overlay
RM_ 0 500 1,000 Fee
A-1 Agriculture
Zoning Ordinance Definitions Zoning Designation
C-5 Highway Commercial District- The purpose of this district is intended C-5 Highway Commercial District
to provide locations for highway oriented commercial uses, businesses
having large space needs, and other establishments offering goods and
services that are less frequently purchased.
Adjacent Zoning & Land Use
North: I-1 Industrial District
South: I-1 Industrial District
East: C-5 Highway Commercial
District
West: C-5 Highway Commercial
District
Page 41 of 144
City of McHenry Future Land Use Map
Inl Future Land Use
Estate Residential
Low Density Residential
Medium-Density Residential
Low Density High-Denisty Residential
,,a
Residential
Integrated Design District
ICO Industrial
Cor
Business Park
Water Commercial
Office
Parks and a Municipal
Conservation Institutional
Area' Parks and Conservation Area
Agricultural
Environmental Corridors
ff Water
Other
Mixed-Use
i�
Historic Downtown
Medium-Density Residential
i�
,h„� Residential Dog Park
FAO, NOAA,USGs,
Environmental -Wetlands
ributors,and the GIs
0 500 1,000 Fee Neighborhood Commercial
VFW
Comprehensive Plan Text Future Land Use MapDesignation
Land Use Commercial
❑ Objective: "Allow a mixture of land uses in appropriate areas to
promote responsible growth while providing a high quality of life to the
residents." (p. 27) Adjacent Future Land Use
❑ Policy: "Preserve and expand areas of commercial land use." (p. 27)
North: Commercial
Unique Character South: Historic Downtown
❑ Policy: "Locate intense commercial...uses where they will not East: Commercial
negatively affect residential or open space uses." (p. 28) West: Commercial
Growth
❑ Policy: "Promote development that allows employment and a shopping
base which is diverse and affords the City with a sound economic
base." (p. 29)
Page 42 of 144
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, Millco Investments (Owner of Record), is requesting approval of the following zoning items to
construct an approximate 2,500 square foot Arby's drive-thru restaurant:
• A Conditional Use Permit for the operation of a drive-thru restaurant.
• Zoning Variations to Parking Lot Perimeter Landscaping.
The site consists of 0.66 acres, more or less, and is located directly north of the intersection of Crystal Lake
Road and W. Elm Street, with a common address of 4104 W. Elm Street ("Subject Property"). Formerly
occupied by former State Representative Jack Franks, the subject property has remained vacant for several
years.
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 commercial land use on the subject property. The proposed drive-thru
restaurant is in substantial conformance with the commercial future land use recommendation.
CURRENT LAND USE AND ZONING
The subject property is currently zoned C-5 Highway Commercial District and has remained vacant for several
years. Surrounded by primarily commercial and some industrial zoned properties, the proposed use of the
property as a drive-thru restaurant is harmonious with the surrounding properties.
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: "Allow a mixture of land uses in appropriate areas to promote responsible growth while
providing a high quality of life to the residents." (p. 27)
o Policy: "Preserve and expand areas of commercial land use." (p. 27)
Staff believes approval of the request is consistent with supporting and expanding areas of
commercial land use. The use of the property is consistent with the surrounding auto-oriented
drive-thru restaurants.
Page 43 of 144
Unique Character
• Policy: "Locate intense commercial...uses where they will not negatively affect residential or open
space uses." (p. 28)
There is no residential or open space near the proposed drive-thru restaurant.
Growth
• Policy: "Promote development that allows employment and a shopping base which is diverse and
affords the City with a sound economic base." (p. 29)
Approval of the request would be consistent with promoting economic growth in the City.
SITE PLAN ANALYSIS
Overall, the proposed site plan is mostly consistent with the City's Zoning Ordinance Requirements with only
the requested variation to parking lot perimeter landscaping. See below staff comments for various site
elements.
OFF STREET PARKING AND LOADING§11-12
Drive-thru restaurants are required to have 10 parking spaces per 1,000 square feet of floor area. The
25 spaces proposed for the 2,335-sf facility exceeds the 24 spaces required by Ordinance.
x LANDSCAPING AND SCREENING STANDARDS §11-13
The proposed site plan does not provide for a contiguous row/canopy of evergreen screening, 3 feet in
height, along the perimeter of the proposed parking lots. Staff believes the missing landscaping was an
oversite and not intention. Staff is recommending the petitioners comply with the parking lot
landscaping and screening requirements or be prepared to justify the hardship.
TRAFFIC CIRCULATION&ACCESS
Although not required by Ordinance, staff has expressed concerns regarding the western most
(existing) full access. Staff is recommending a condition be added that the petitioner will convert the
western most full access to right-out only. The petitioners were comfortable with this change. The
petitioners will also need to seek IDOT approval for the development which can be handled at the time
of permitting.
STAFF RECOMMENDATION & MOTION
In summary, staff believes the proposed commercial redevelopment is in substantial conformance with the
City of McHenry Zoning Ordinance. The proposed drive-thru restaurant is adjacent to a state highway which
consistent with the C-5 Highway Commercial District as an auto-oriented use. The proposed use appears to be
harmonious with the surrounding land use and zoning. Staff believes the proposed development is consistent
with the City's Comprehensive Planning & Development Policies. Staff is recommending the petitioners
comply with the Landscaping and Screening Standards. Staff does not object to the petitioner's request for a
Conditional Use Permit for a drive-thru restaurant subject to appropriate conditions.
Page 44 of 144
If the Planning& Zoning Commission agrees with staff's assessment, then two separate motions are
recommended:
1st MOTION: A motion to recommend approval of the petitioner's request for a Conditional Use Permit for
the operation of a drive-thru restaurant at 4104 W. Elm Street subject to the following conditions:
1. The western most full access on IL-120 shall be converted to a right-out only.
2. The petitioner's shall revise the landscaping plan to be in compliance with Chapter 13: Landscaping and
Screening of the City of McHenry Zoning Ordinance.
3. All other federal, state, and local laws shall be met.
AND by making said motion, you agree the Approval Criteria for Conditional Uses (§11-15-5) have been met as
outlined in the staff report.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic.
Staff does not believe approval of the petitioner's request would generate any adverse traffic impacts.
B. Environmental Nuisance.
Staff does not believe approval of the petitioner's request would generate any environmental
nuisances. Located off of a state route, the proposed auto-dependent use is appropriate for the area.
C. Neighborhood Character.
The proposed commercial use is appropriate and will be harmonious with the surrounding commercial
and industrial properties.
D. Public Services and Facilities.
The site is serviced by City Water and Sanitary Sewer.
E. Public Safety and Health.
Staff does not believe the proposed use will generate any adverse impacts on public safety and health.
F. Other Factors.
Staff believes the proposed auto-dependent use is appropriate due to the site being located off of a
state route.
2"d MOTION: a motion to recommend denial of the petitioner's request for a Zoning Variation to Parking Lot
Perimeter Landscaping.
AND by making said motion you agree that the Variance Approval Criteria (§11-19-5) have not been met as
outlined in the staff report.
VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff does not believe this is an unusual circumstance and believes the space is adequate to provide
parking lot perimeter landscaping.
B. Circumstances Relate to the Property Only.
Staff believes the circumstances of this property are similar to other property along IL-120 and the
petitioners should have no hardship in planting parking lot perimeter landscaping and screening.
C. Not Resulting From Applicant Action.
The applicant did not include landscaping in the Landscape Plan.
D. Unnecessary Hardship.
Page 45 of 144
Staff is unable to identify a hardship for the request since the site plan appears to provide adequate
space to install landscaping.
E. Preserves Rights Conferred By District.
Staff believes that granting said request would provide an unnecessary privilege to the property owner
when other properties have complied.
F. Necessary For Use Of Property.
Staff believes the petitioner will be able to enjoy and use the property with the landscaping installed.
G. Not Alter Local Character.
Staff believes approval of the petitioner's request would set a precedent and negatively impact local
character.
H. Consistent With Title And Plan.
Staff believes the proposed Zoning Variation is not consistent with the Comprehensive Plan
Recommendation.
I. Minimum Variance Recommended.
N/A
Attachments:
• Petitioner's Application and attachments
• Receipt of publication of legal notice
Page 46 of 144
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 09/10/21 15 : 49 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10212444 Ad # : 1918348 Status : New
ANNA BOWERS Start : 09/13/2021 Stop: 09/13/2021
MILLCO INVESTMENTS Times Ord: 1 Times Run: ***
SUITE 230 CLEG 1 . 00 X 74 . 00 Words : 226
5215 OLD ORCHARD RD Total CLEG 74 . 00
SKOKIE IL 60077 Class : C8100 PUBLIC NOTICES
Rate : LEGAL Cost : 114 . 66
# Affidavits : 2
Ad Descrpt : CONDITIONAL USE - MILLCO
Contact : ANNA BOWERS Descr Cont : 1918348
Phone : (312) 377-7800 Given by: ANNA BOWERS
Fax# : P.O. # :
Email : ann@millcoinvestments . com Created: bbehr 09/10/21 15 : 29
Agency: Last Changed: bbehr 09/10/21 15 : 48
-----------------------------------------------------------------------------
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 1918282
-----------------------------------------------------------------------------
PUB ZONE EDT TP RUN DATES
NW CL 97 S 09/13
WEB CL 99 S 09/13
APNW CL 97 S 09/13
-----------------------------------------------------------------------------
PAYMENTS :
-- 09/10/2021 114 . 66 VI ************9466 04580D [415259429]
-----------------------------------------------------------------------------
(CONTINUED ON NEXT PAGE)
Page 47 of 144
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION (CONTINUED)
Salesperson: BARBARA BEHRENS Printed at 09/10/21 15 : 49 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10212444 Ad # : 1918348 Status : New
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-994
Notice is hereby given that
the City of McHenry Planning
and Zoning Commission will
hold a Public Hearing
using the Zoom Internet
Conferencing Application
which can be accessed
through
hffos://ciivofmchen rv.zoom.
us/i/81058102934 or by
dialing +1-312-626-6799
(Meeting ID: 810 5810
2934) at 7:00 P.M. on
September 29, 2021 to
consider an application by
Millco Investments of 5215
Old Orchard Rd,Suite 130,
Skokie,IL 60077("Proper-
ty Owner")for the following
request(s), in accordance
with the City of McHenry
Zoning Ordinance:
A Conditional Use Permit
for the operation of a
drive-thru restaurant and
Zoning Variations to
Parking Lot Perimeter
Landscaping.
Location: The site consists
of 0.66 acres,more or less,
and is located directly north
of the intersection of Crystal
Lake Road and W. Elm
Street, with a common
address of 4104 W. Elm
Street, McHenry,IL 60050
("Subject Properly").
PIN:09-27-429-005
The property is currently
zoned C-5 Highway
Commercial District
A copy of the application is
on file and may be
examined by contacting
Cody Sheriff, City Planner
by email at csheriff@
citvofmchenry.ora or by
calling 1-815-363-2181.
All interested parties will be
given an opportunity to be
h an rd.
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 September 13,
2021)1918348
Page 48 of 144
PUBLIC HEARING REQUIREMENTS
Planning and Zoning Commission(2021)
City of McHenry
mr du.tyofmchenr .oar Vannung_zonung
333 South Green Street o McHenry, IL 60050-Tel: (815)363-2181 o 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
c +� c
v E m 0
E E
u v c
v co m a > 0
E E 2
Q j Q co M 41
M M 41 'i M
C ;Mo � a
C � N C •� �'
N
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 20
Page 49 of 144
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.
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 esh�_.... . _c.i.. ....rcN7 m_ry.,_ rg,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.
COVID-19 Note: The Planning&Zoning Commission will resume in person meeting starting in June 2021.
Public Hearing Application Packet Page 2 of 20
Page 50 of 144
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
(60)368-8809 fax
Box 2SO
Crystal Lake,IL 60039
publicnotice@nwherald.com
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
hu.t.t .//wveyr mch e ru_ry !�_ntygi....orgJA:thuenaI 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
�Up./../...mcherurXi....d ne.twed m :.
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 20
Page 51 of 144
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:
• pnteractive PlanniD.&! Land C.Use,and ZoninE Mars
Public Hearing Application Packet Page 4 of 20
Page 52 of 144
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 Millco Investments Tel (312) 377-7800
Address 5215 Old Orchard Rd, Suite 130, Skokie, IL 60077 Fax
Email Anna@Millcolnvestments.com
2. Name of Property Owner Tel
(If other than Applicant)
Address Fax
Email
3. Name of Engineer Northwestern Engineering Consultants Tel 847-520-8410
(If represented)
Address 675 N.North Court, Suite 160, Palatine,IL Fax
Email DanHaviir@Gmail.com
4. Name of Attorney Tel
(If represented)
Address Fax
Email
5. Common Address or Location of Property 4104 W Elm St, 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
Zoning Variance(Non-residential) Use Variance
Public Hearing Application Packet Page 5 of 20
Page 53 of 144
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:
Remove existing commercial building and parking lot for new fast food restaurant
with drive thru.
The Owner of the property intends to construct an Arby's Roast Beef fast food
restaurant with drive-through window on the premises as shown on the attached
preliminary site plan. The business will be open seven days a week with hours of
9:00 a.m. until 10:00 p.m. Sunday through Thursday, and 9:00 a.m. until 11:00 p.m.
Friday and Saturday. The building to be constructed will provide approximately 42
seats.
Public Hearing Application Packet Page 6 of 20
Page 54 of 144
7. Current Use of Proper"ty__ Commercial
8. Current Zoning Classif cation of' property, IncludingVariances r ��� ( e
s �' � luclir�f, or Conditional t.7:,ws
/onink Maap)
C-5 Highway Commercial
9. Current Zoning('lassii'ication and Land Use of Adjoining Properties(i1ntn u,a.c.fivc 11011 pg,map)
North; 1-1 Industrial
South: C-5 Highway Commercial
East:
C-5 Highway Commercial
West:
C-5 Highway Commercial
10, Required Attachments (check sill items subnutted)
Please refer to the Public I Icaring Requirements Checklist to determine the required attachments.
X I. Application Fee (amount) $ 950
2, Narrative Description of Request.
X 3. FORM A—Public Ifear.ring Application
. I,'0RM B Zoning Male Amendment(Rezoning) Application
X 5. FORM C Conditional Use Application
6. FORM 1)- Zoning Variance Application
_ 7. FORM 1; t..lse Variance Application
X 8. Proof of Ownership and/or Written. Consent from Property Owner in the Forrn of' an
Affidavit
X 9, Plat of Survey with I.,egarl Description
X ]0. List.of Owners of all Adjoining Properties
X 11. Public Hearing Notice
12. Sign (Provided by the City)
X 13. Site Plan
X 14. Landscape Ilan
_X._15. Architectural. Rendering of Building Elevations
16. Performance Standards Certification
X_-17. 'Tralfrc Analysis
18. School Impact Analysis
Public; l Iearing Application. Packet Page; 7 ol'20
Page 55 of 144
| |. Dixolom/,o of Interest
The party signing the application shall bm considered the App|icun1. The Applicant must bo the owner
or trustee or record, trust beneficiary, lessee, uznimd purcbuaur, or option holder of the subject
property or his or her agent ornominee.
If the Applicant is not the nvvncr of record of tile axbicct property, the application oho|| disclose the
|ogu| oopuoiiy of the Applicant and the [u|\ name, uddrcoe, and telephone number of tile o*nor(e). In
uddition, an affidavit uf the ovvnorm(x) mho|| be fi|oJ with the application stating that the Applicant has
the authority finnn the ovvnem(e)0n make the application.
o����[�����^
l[ �h� /�pp|icauL own�� oontn�i purcbxaur, opLion holder, or any beneficiary of land tn/mi is u
corporation or partnership, the application nhoi| disclose the name and address of the corporation's
nF6ocm, directors, and registered agents, orthe partnership's gcncm| partners and those shareholders
or limited pudoom owning in exoomo of five percent of the outstanding ahuok or in(oo:mt in the
corporation or interest shared by tile limited partners.
land Trust
If the Applicant or ownu, is o land tnxuL or other rmot or buytco (kov:o[ the [u|| name, udJn:mx,
telephone number, and extent of interest of each boncficiuryshall hc disclosed in the application.
12, Certification
| hereby certify that | xm uvvu,r of all code n:qoivomen{n of the City of McHenry that ro|Nc to this
property and that the proposed use or development described in this application shall comply with all
such codes.
l hereby request that u public hearing to consider this application be held before tho Planning and
Zoning Commission, and thereafter that u recommendation be forwarded to the City Council for the
adoption n[ an ordinance(s) granting the requested uction(m), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals Or City Council.
Print Applicant(s)
Poh\icRnariug Application Packet Page 8o[2O
Page 5Om144
AFFIDAVIT opCOMPLIANCE
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:
K8i/|QJ |nves1nlents
5215 Old Orchard Rd, Suite 130,,.Skokie, IL 60077
For approval of:
(Req
� RoastBeef fast food restaurant with drive-through muv=un
the premises as shown
_plan.The business will be open seven days a week with hours of 9:00am until 10:00pm,Sunday through
Thursday, and 9:00am until 1 1:00pm, Friday and Saturday.The building to be constructed will provide approximately 42 seats.
~ (App]icamVs Signature)
KAiUco |nvoetnnente
(AppU:ant'a Name and Address)
5215 [)|d Orchard Rd' Suite 130, Skokie, |L0OD77
Subscribed and sworn to
beforemethisj 15th day official Seat
of Jul Notary Public-State of Illinois
My Commission Expires Apr 1,2025
2020.
' _
Notary Public
Public Hearing Application Packet Page 9 of 20
Page oro,1+*
11 FORM C File Number
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of McHenry
333 South Green Street o McHenry,IL 60050 o Tel: (815) 363-2170 o 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.
None
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.
None
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or man-made character of its
surroundings and with pennitted 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.
Yes, it will fit harmoniously.
Public Hearing Application Packet Page 11 of 20
Page 58 of 144
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.
It will not place undue burdens.
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.
Correct, it will not be detrimental.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use
and its particular location.
Correct.
Public Hearing Application Packet Page 12 of 20
Page 59 of 144
Vandderstappen ALTA/NSPS LAND TITLE SURVEY
VWM S y g e.7 I a
^W That port bN Section.26 and 21 Town 1 45 Nm.,Ran oe D Eael of INe Th4d F,Incpd Mmi ,d.mibed I.follows:
B.q N,at a pe lnl w Me Eoat Ilne of sold SwDon 27 dUt of W.50 feat.more IF lase,North of the canmm worm for Sec'ma 26,
27 34 and 35 old point Deln9 Me NMM1w.kNy comer of OURaI 9 of W.f McHenry according to Me Plal iha.f reorded Ju.14 659.in
Back 24 of Dem&Page 22;and conning.mce Sou.BD degrees 54 minutea Eael sang the NONhedy line of wid D.
g and along Bold
N.rMedy line aximdm,6J.2D feM,more m late,I.
.e W.iMy Ilne of.e right-of-way of.e CM1ic.go.tl Nor.w.lem Fa b Comppmy.
then.NorM 12 degre.10 mMU.a 56 eeo.n11 Weal- -Id W.tedy right-of-way Iina of add mih.d,.2.22 feet;thence S.M]J
degrees 49 minutes O4.cantle West 96.40 feet;aorta Swtn 12 degrees Ill minutes 56 aecmds fast pordiel cal.sad W.lmly right-of-way
line of wid radrwd,242.82 f bl ihm.Sou.D deegq 23 minutea W.t,189.95 lest.mare a I.e,la a point on.a centmine of Waukegan
flood;.m.SoufM1]4 degrma 1J minutea E..I,82.33 ha/,mme m IIN,to a point.wid E..t the ai Seeiiw 2J:fhmce Nor.almg wid
Eat Ny of Sacii.2l,a di..n.of 9IN feet,mme m lea&to.e Row of DeNtbbl q(except N.NmiheNy 2...0 feat,as measured.long.e
EasWy and Waetmly lines of ON.d-.1d Uacl).In McHenry County,1111nae.
NVICIT MAP y
tli TO SCALE �aAF
wmx
„` w WEsf ram"
1`I 1
S i tv"TI`o'iurHacx'lnc �, W
� A 1
1 ��i 11 111
s�
EXCEPTION
1 s I
g
^c 1
.d lANF:.✓A aw.=
SURVEYOR'S NOTES
1. Tha legal deampiian and DIlly easements shown herwn Hove been prom-by Stewart Toe Guaranty u$ 1
Dwnp.Y,Cwnmilmmt b."#20D00031731-Ad November 6,2020.The title Infarm¢tlon mown herwn 1 1 e
la extlueively that mIVMed I. e Survepr by III Title Insurer or the diema Tha Survelar doe.not
rant the exact locotbn of ins Ufilily Eaeemmta shown hereon,but does .te that May are located
ae.ccur.tely as Daeeble boor the iniomraD.N provided
2. Based on Food neuron.Rate M.P.P.P,I NPL7I11CD207J dated No ber 16,20D6 the.boat 1 1
Property m wihn Zme'%"areab aeterm nor i0 be outakle the 02%annual chance of 6omDan.
1
MN1
3 Defences are h m=m test and d/b,b Places thereof,no IV
I,,Dn shah be assumed by wale Sn,b.p1"W 96 ( r
me.aure.1 L hereon Oatancea antl/m boor ng.shown win a'D"n DarenMe.e(D)am mcord or dwd ' 1.
values,not fed measured '� = 1 1
4. Compare.is DMt,legwal deecriDiion mtl all survey monuments before builGm9,and immediolay report any
diw,�ana.I.m. rve>or.
5. The location of Me property Ihee shown on.e foce of MIs plat are b.-on the legal d..criplim
lned z e & O
I in.e IN.e commitment and shown M1ereon.This inlorm hoe atlw been fuml.n.d by the cibnl
md compared to recmtl d.eda to check for ga and/or overlaps.However,ihi.eurvany may not reflect
maby,
hlatorical tters of ihle antl ownership M eenat not b dlaclosm by Pne title Domr It PlL -- -
6. Only the Improvement.whlcn wore visible from above ground at time of wrwy and through v normal errs w.ELu sT uc Pi
arch and walk through of the Ilia are shown m the foce of.I.Diot.Lawn.prinkl.r 6,Il-,if any, GROSS AREA:29,298±SO. .(0.8]3 ACRES)
are not mh..I m this su `-�,NET AREA;22,8]l±SO.1.0.525 ACRES)
J. Mannaee,role.and other Ut.Ity rime m grote..hown h-P are from field I.-P of each,and only ♦ );+r.
sent h utllily LPEI,I ementa whlcM1 a re Msi fr.above g round survey of the'me
p of.rosy, 1
.rougn wc
a normal warm and wok.rough ai the site The mel'ng of Mew monhdm(wnitary wotm o
etc)are based wIlly m the"elomDed"markings on Me rm No underground obeerwt ma bare been - 5
fi &&
mme i0 amity the aclud me or exl.t.nc.of Under-d IDINlee.
D SuRaca iNdi,dimb of ut0ltle.on Lne aurae d rcd nave been shown Und.W Oa .1 w tm n on fines t 0,011b /have not been mme to detercnlne ins extent of ddl.e.l
g or ex.l'ng propery
pub lc antl/or Drivate records nave not been searched to pr b,de lb.
Ih..Pbim O ME.d wires
and pa.(i anr)Hare Dean shown how..mar mna pn antl alman.l0n.Hare not bean anown
9 Thle eureby mar not rbl.t.11 t lea or mprovmnents If-I,Lama Ora M1 dden by I.Id-phg m era A
coverm by wch Items t tlum d by m trollere Or whm.e ate was.over.d with m 1
eurveY the.Ile cats not wvered by.now .. _..._-
10. mry cook.no.tatemenf rega P,Me.clod Oreeence or absorb.If any.oral.m silly ne " m
m.At.,t me of
Conlralm undm9.Id exp oratory effort together wth1E'm.rkh9a I.recommended to-IrI ne the
full extent of umaground s and utg ty imb, Cm.cf J U.L E at 1 90O 692 0123
11,ftmirlctim.that may be found in tom b.Ndhgs and/or caning cod.have not boa,shown Height and
buM1 reetrictione(If any)have not been shown.Only Moss setback re.tricibne shown on the recorded
m w SI�8
wbdiA.I.I plat n the DWI commitment nave been shown.
12 The w ,bd Dr.Dmty I.Zoned C5 Highway Cammeruld booed m the City of MCNmry Zonanq NP.p,
PIPE-r.lricibns k sad Zaninq Dlatrkt have not bem anown(Pmidns to Table A tam 0).
13 There k a bItIl of 0 etripId parking e,Nbo,for tors.hcludng 0 of when are P-d handlcapped and C
whic
If h are far.-by...(Pert...to Tobe A,Item 9) ,' nmxxT 1
isA )
14 The property iI aDDroxim.tely 20±feet Want of Bwtlen 6treAt(pert.n.to Table A.Item 14)
15 Thme wa.no obe(r Nbl a tI T.If earth moving work.building cmePmetm or bu'Itl nq mdltime at
tore of Radwork(Pert.na to Table A Item 16)
16 Exceptima 1,2a 2d 2e 2i 2g 3,),R Rare not survey related.tl n
16 Ex.ptims 26 2c,4 5 6 k 9 me blanket In Nature,
q
�+.. %� ppc/tWpUrc20'/=eeeay�cats d :' C 5 raPo>.up�
a�
wquxcuµ PI (WAUKECAN sw'sE
RDAb)
as ROUTE u m aF
A,,
96 YYGpq w
N0073 qyW e.gt'(M/D) - W coati
H . sew�as
NooW'm'E(p) n rG0 -
s
SECTION 27 SECTION 28
v .. ,. sF 1/1 xcppx 2Y-ad-e-„ss coaxEN ,
LEGEND SECTION 34 SECTION 38
IS CURB,.l
% 'Eno-ND-
___-
-- bx PAN
W STATE OF I1IN015 )
Al III
n NNL BOx ------- COUNTY OF MaiENRY)
b OET-INN.Ell
® ____-NAIL._._._ Certl6ed toil)MIIIco I F-Il Familyy Comp.nY.U.C,an Illlnoie LIaDiIItY Company
- -- 2)Prvdehl Investment.,IIc
IN 3)Stewart Title Guaranty Cmnpony '.
This le to silty inat fhb map m plat and ins survey on whbh h H mod were mme In wcordance I.IN.2.1
1RAFF:C CANiROL.90% b
..n TNAFFlC 3iGugL POLE Minimum St.nmrd DIIIII Requlremenla for ALI/—Lond TIIe surveys,pintly eatab-Id antl adPplm by ALTA and
---------'---- NSPS,and Indudes hens I.I,3,I.N.Ja,B.F.I.,,Ib.13.14,1F. ffi 19 of Table A thereof
The gatl work woo wmPletm on Ap,11 i.t,2D2,.
CMW;DU81N SINGER I JT
G _____
DRAWN BT:PJD CBEC220 BY:WJV ________.
Opted.Is 6th day of April,A.D.,2021,
9CA12:,''20' 62 ?6 27T.45 N.�D 6. _ VANOERSTAPPEN LAND SURVEI1NG INC.
BA618 OP-ASSUMED N(b) D --"-----' D.Ign Firm No.184-0O2]92
m
P.I.N.;09-2J-429-005 IN) NECCND -- '
!OB NO.:210200A (,D.ALi jM]
MEA f ANDERSTAPPEN,03 02J09'x.,._ (seal)
P@IDWORC C01B.:0 1 BY._PC._ _-_SURE LL AM SURVEYOR
s mm r Ws. PftOFE ONAL LAND
�s
i IIIII
N
N(1 III N o IN
n n
O O O
C C C
Z Z Z O O
d,M :'C3 rtC3 CO A
io^Dv o rt'' o T in o
„o o 3 z 3
x x
� v �
�3
W = W
O U O
N r r
ID
ID
61
N r r
u N w
N _
+
0
N �
� Ir
w
P+
� wr
w m a ti w a a v
w
61 N�\.
N
go
IN
Parking Lot Photometric Lighting Design
w
Nt
w m
+
0 0
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�
i
i
i
IIU�
0000000
J
j i It
II� itil
rya
i
i
f
k
f � i
ri-
E
�/zifzazi tzs un
O
j
c
e�
zz
..... EXS. DRIV �+r^
"' ter: I •.,.
EXS DRIVE
It
................
.. .......................
r �
�►
� I
'�� - —
oM aztl�
o�
... ... €
m <
z � °a
n D
Ln
Ln
D z
z
m
-
Ln n p
Ln c "\
D co
n
m
� S
gl
m � /
D r
m = = nn o
n am° gP�p -000n _ ?o Cq
_ m - _ o zo - sn z
iz hn _ mno _ o $ A
y _ o os �5
z a�=n _ g�
p`- 55 �� N
_ Z "V os (n omp� _m2 gp
6 Ho
aK - cmil - - >3 - D - ?_,.
N
HM =
o - _ HH, -
D ARBY'S RESTAURANT GROUP o
m m INSPIRE DUAL NARROW j ��,//////��� B@CC J. Turner
a 4104 W.Elm Street PV'r�"
ze° McHenry,IL _
�/sz/zau a:3a�M
0 T q
r / m
m r
< m
D D
O a O
z z
b
0
gm
m
V1
_ G
- - of -- s - - _ _A➢T a➢m -- - -- - - N
sL S o =
a5
_ m
Fz ac
o S 6 5 5
LIIU
-
D ARBY'S RESTAURANT GROUN
N INSPIRE DUAL NARROW /////////��� Bert J. Turner
A 4104 W.Elm Street
McHenry,IL
a
o
s
z
O /
ii Or rG
r r PC
Go
r ;✓% �r�� ���G�f�« �/ ! �J - ,/ �/ ri/gip/��//� %/ 1
eri >co
Ig
�
@RY�Sr
/,
Cql« ri
Rr hi A a j
DCO
cm°'
y �nn
All
I
/ �okN I/11111 �r��//,�� s'���;�Ifr�r�1�J/uli�l'rr��i/o�iy✓/ � II
nv w i//i r, ✓,; //�/����jr�-�%�/����Irl J «r,Y/�- �/'1/�/�i r.,/
a x �
y ;Go 4.Yv
ac
z •.y q Go {${99 �O z Z 3 Ifj /IgIII�IMppJUJy�
3 rO ro
'am. ul
G
P ti N ^m 0 .
e
�/sz/zau a:3a vM
M z
m m
D M
I D
O >
z 0
jF
❑❑
p�
P
O
❑ g
0
0
o
oy = w y
m a = a
N m
,it
s O
00
G
ia
N
' AF
m
LL'
D ARBY'S RESTAURANT GROUN
N INSPIRE DUAL NARROW /////////��� Bert J. Turner
A 4104 W.Elm Street
McHenry,IL
Staff Report for the City of McHenry Planning & Zoning Commission
Petition: Z-1003 Hearing Date: October 20, 2021
Applicant: Bert Irslinger, managing member of Site Information: The site consists of 1.92
Bank Storage LLC. of 409 N Front Street acres, more or less, and is located on the west
("Contract Purchaser") corner of the intersection of Lillian Street and
Crystal Lake Road with a common address of
Request: A Zoning Map Amendment from C-2 4502 W Crystal Lake Road, McHenry, IL 60050
Neighborhood Commercial District to C-3 ("Subject Property").
Community Commercial District and a
Conditional Use Permit for the operation of a Zoning: C-2 Neighborhood Commercial District
Tavern & Bar with Live Entertainment or
Dancing, and any other Zoning Variations Future Land Use Designation: Commercial
necessary to accommodate the proposed
development.
Aerial
100 200 Fee
Page 67 of 144
Zoning Map
„rrr„ Zoning Districts
r/ /%
/
E Estate
,, , ,,r ; ,
rr
r � - ow ens RS 1 L Density SFR
„ry r � �
r/ � ///,r / /iiii////a r � � b - Medium U m Low Density s SFR
� / r��%O/i� ",� ������������ RS 1A M d� L D ity
'up9p��,''�
/ / f " " �rrrr; RS-2 Medium Dens SFR
� riiii� i - //✓/ P �
rrr// r ,,,, RS-3 Medium High Density
SFR
r
/ i rrr - Density
rrirrr jg
%////////�jiiiiiiiiiiiiiiiiii //////iii%//�
7�rrriii///���r,/ RS 4 High D ity SFR
r // i UllUl111UI1111111J1IU��� RA-1 Attached Residential
RM-1 Low Density Multi-Family
RM-2 High Density Multi-family
M. r
ISO MU Mixed use
r r
r
� C-1 Convenience Commercial
RM-2 C-2 Neighborhood Commercial
� � �u
C-3 Community Commercial
AA00/14/11/11/
%/rr / C-4 Downtown Commercial
rrrr/, / �
r
����������������������� C-5 Highway Commercial
R _ BP Business Park
/ ° 7r �V ',,^C raiaiaiaiaii/
r y
I-1 Industrial
0-1 Local Office
RM 2 ® � � 0-2 Office Park
��flio
IDD Integrated Design
Sources:Esri, H E��E,Ga rm i n, FAO,`N OAA,USG S' """
HC Health Care
(0 OpenSfreefMap contributors,and the
0 500 1,000 Fee A-M Agriculture and Mining Overlay
A-1 Agriculture
Zoning Ordinance Definitions Zoning Designation
C-2 Neighborhood Commercial District - The purpose of this district is C-2 Neighborhood Commercial
intended to provide locations for a broader selection of convenience
goods and services and a limited selection of shoppers goods serving
more than one neighborhood.
Adjacent Zoning & Land Use
North: 0-2 Office Park (Offices)
South: RS-4 High Density Single-
Family Residential
East: RS-4 High Density Single-
Family Residential
West: C-3 Community
Commercial District (Ace
Hardware)
Page 68 of 144
City of McHenry Future Land Use Map
Parks a Future Land Use
Conservat'
Estate Residential
,Area Low Density Residential
f�lUlTl-DenSlty ' HI Medium-Density Residential
Residential D'r n
-DenistY
Residential High
Integrated Design District
,
NM IndUStrlal
Business Park
;/� ;/ /r/, /� /� ;i���%%o/ / / ❑ ' / ❑ N Commercial
i,,,///% ii ® "'%/ //,// ❑ Office
Municipal
' %%%%%i "err illiiillllllllllllllllllllllllllli//////%iiiiiiiie� �� �f��////❑�"�; /' j /
,,,,,,,,,,,,,,,,��/;;;;%����/i////////////%❑❑/////� v��, ❑ /; �/ / Institutional
i/ ❑i ;/ % Parks and Conservation Area
/�%%%%%%%❑"""""""""�❑��%i / ®/ /� � / ` � � Agricultural
Environmental Corridors
��j������iiiiiiiiiiiiiiiiiiii��%%%%%%%%%�%"/'' / ❑/ /' // /
❑////❑❑j//%o//,////i ii // /, /'%' /i : Water
//////iiiio/�/� ❑ �' / // �' / Other
' Low Density,/ /i/ Mixed-Use
/
Residential
Historic Downtown
Residential
/ ii11M Dog Park
�❑ Sources:Esri, HERE;Garmih,FAO„CIOAA,U�SGS//�,�, 10 Environmental -Wetlands
(0 OpenStreetMap contribut an the�l5;�//
0 500 1,000 Feel Neighborhood Commercial
VFW
Comprehensive Plan Text Future Land Use MapDesignation
Land Use Policy: Commercial
❑ "Promote development that blends with existing development in the
area especially if located within a unique sub-area." (p. 29)
Adjacent Future Land Use
Crystal Lake Road Sub-area Plan:
❑ "Building Design for new, non-residential uses shall be consistent with North: High-Density Residential/
the residential flavor of the area. Hip and gable roofs are encouraged Commercial
while flat roofs are discouraged. Construction materials shall be primarily South: Low Density Residential
of brick or masonry." (p. 15) East: Medium Density Residential
❑ "Lighting restrictions shall be considered with each proposed West: Commercial
development to minimize light trespass and glare on nearby residential
land uses." (p. 15)
❑ "Noise restrictions shall be considered with each proposed
development to minimize impacts on nearby land uses." (p. 15)
❑ "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)
Page 69 of 144
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 Bertram Irslinger, managing member of Bank Storage LLC., is proposing to construct a Cuban-
themed bar/tavern with live entertainment at 4502 W. Crystal Lake Road. To accommodate the request, the
petitioner will need to receive approval of the following zoning items:
1. A Zoning Map Amendment from the C-2 Neighborhood Commercial District to the C-3 Community
Commercial District.
2. A Conditional Use Permit to allow a Bar/Tavern with Live Entertainment.
3. Zoning Variation to allow an interior side yard setback of 8 feet in lieu of the required 10 feet for the
existing principal structure.
4. Zoning Variation to allow 28 parking spaces in lieu of the minimum 43 or more spaces required.
5. Any other Zoning Variations necessary to accommodate the proposed development.
Formerly occupied by the First Midwest Bank, the petitioner is proposing to convert the existing drive-thru
into an open-air smoking cigar lounge with roll up glass doors. The petitioner's application currently states he
would also potentially attract a cannabis dispensary. To clarify, this site would not be permissible to operate as
a cannabis dispensary since it is not located along a state highway. The petitioner would utilize the existing
warehouse as commercial storage for his other business (2nd Amendment Sports).
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 commercial land use on the subject property. The proposed use for a
tavern/bar with live entertainment is a commercial use and complies with the Future Land Use Map
recommendation. The proposed zoning map amendment to the C-3 Community Commercial District is in
compliance with the future land use map recommendation.
CURRENT LAND USEAND ZONING
The subject property is currently zoned C-2 Neighborhood Commercial District. The request to rezone the
property to C-3 Community Commercial District would increase the total number of permitted uses on the
property.' (See footnote for complete list)The C-2 District does not allow a tavern/bar with live
entertainment; however, the C-3 District does allow live entertainment as a conditional use. Staff is currently
in the process of examining the possibility of merging the 7 existing properties zoned C-1 Convenience
i Table of Permitted and Conditional Uses by Zoning District:,h:.. s.((cilyrFri9cherr_ry.:erg/firer:tial :i:tes %, 3_?:G3I ,A.1:9:7 -42,9 -
IE 1 .- f1 3 7 .... lq7 ./ua.. loads I...IISI-Table of Permitted Use ZDZD ua dated .7. r.7.02.1. df
Page 70 of 144
Commercial District & C-2 Neighborhood Commercial District in the City with the C-3 Community Commercial
District.
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 plan's 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 only proposing slight modifications to the exterior of the building with the
conversion of the drive-thru to an open-air cigar lounge with roll up glass doors.
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.
o "Noise restrictions shall be considered with each proposed development to minimize impacts
on nearby land uses." (p. 15)
The petitioner desires to have live acoustic entertainment on site from time to time. The petitioner
should clarify the location of said live entertainment and whether it would be located outdoors.
The Commission may wish to consider restrictions related to the location of the entertainment on
site, restrict it to indoors only, and restrictions related to the use of amplification devices.
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 application does not identify the business'hours of operation. The petitioner should
clarify this for the Commission.
SITE PLAN ANALYSIS
Overall, the proposed site plan is mostly consistent with the City's Zoning Ordinance Requirements. See below
staff comments for various site elements.
• Parking. The site contains 28 parking spaces. Taverns require 10 parking spaces per 1,000 SF of GFA.
With the conversion of the drive-thru to a habitable space, this increases the buildings footprint from
approximately 2,000 square feet to 4,300 square feet. Forty-three (43) parking spaces would be
required to accommodate the proposed expansion. With the conversion of the drive-thru to a seating
area, there is an opportunity to add additional parking on site. The petitioner may wish to consider
revising the site plan to include additional parking or the Commission may wish to consider adding a
condition of approval that the petitioner shall work with staff to add additional parking on site.
Conversations with the petitioner have indicated he is looking into expanding parking southeast of the
proposed screened in area.
• Traffic. According to the 10th Edition of the Institute of Transportation Engineers Trip Generation
Manual, Drinking Places generate approximately 11.36 trips per 1,000 SF of GFA while Drive-Thru
Page 71 of 144
Banks generate approximately 20.45 trips per 1,000 SF of GFA during peak PM hours. Given the prior
use, staff believes the proposed use will have less of an impact than the original drive-thru bank.
Located along a minor arterial roadway, staff believes there is adequate capacity to service the
proposed development.
• Landscaping. The petitioner has not provided a landscape plan. Staff is recommending the petitioner
install parking lot perimeter landscaping which requires a 3ft high row of evergreen screening and any
combination of 2 other shrub species to screen car lights from view of the right of way.
• Setback. The existing drive-thru encroaches within the required side yard setback by approximately 2
feet (8 feet off the property line instead of 10 feet). The existing bank predates the 1986 Zoning
Ordinance and therefore is considered legal nonconforming. The petitioner will need to receive
approval of a side yard setback variance to allow the conversion of the drive-thru to a seating area.
Since the site is adjacent to a parking lot, staff does not believe this encroachment will generate any
adverse impacts.
• Signage. Although no sign plan has been provided, the commission may wish to consider restrictions
related to internally illuminated and video signage. Staff has included this as a condition of approval.
• Live Entertainment.The site plan does not indicate where live entertainment will be located on site.
The petitioner may wish to clarify the scope of the live entertainment provided. Staff is recommending
several conditions of approval regarding sound amplification device restrictions, and that all live
entertainment shall be restricted to indoors.
• Lighting.The petitioner is not proposing any additional lighting on site. Staff is adding a condition of
approval regarding minimizing parking lot lighting.
• Business Hours of Operation. The Crystal Lake Road Subarea Plan recommends business hours of
operation restriction from 7:00 a.m. to 9:00 p.m. The petitioner should clarify his hours of operation.
Staff is requesting the Commission discuss whether it believes the hours of operation restriction should
be added as a condition of approval.
• Pedestrian Circulation. The petitioner is not proposing any improvements to pedestrian circulation.
Staff has some concerns regarding the existing layout of the northern most parking area. Staff is
recommending the petitioner improve the pedestrian accessibility from the northern most parking
area to the principal structure.
STAFF RECOMMENDATION & MOTION
In summary, staff believes the development is mostly consistent with the City's Comprehensive Plan and
Development Policies. Located next to office-oriented uses, staff believes the proposed Cuban themed bar
would be complimentary of the adjoining properties. Staff believes the positioning and setback distance of the
principal structure will mitigate any potential adverse impacts such as noise or sound. However, staff is
recommending several conditions of approval as part of the proposed development:
1. The petitioner shall revise the site plan to include additional parking that shall be reviewed by the
Zoning Administrator. The Zoning Administrator may approve, approve with conditions, or deny the
revised site plan and recommend back to the Planning & Zoning Commission.
2. Outdoor sound amplification devices shall be prohibited.
3. Live entertainment shall be restricted to indoor areas and shall be only acoustic in nature.
4. Internally illuminated signage and video signage shall be prohibited. This restriction does not apply to
externally illuminated signage.
5. The development shall comply with all building perimeter landscaping and screening requirements.
6. No additional parking lot lighting shall be added unless required by federal, state, or local law.
7. The development shall be in substantial conformance with the submitted site plan and building
elevations.
Page 72 of 144
Staff is also requesting discussion on potentially restricting the hours of operation for the business as
recommended by the Crystal Lake Road Subarea Plan. The petitioner will need to receive approval of a zoning
map amendment to the C-3 Community Commercial District to accommodate the development. The future
land use map recommends commercial use of the property. Staff does not object to the petitioner's requests
subject to appropriate conditions.
If the Planning& Zoning Commission agrees with staff's assessment, then three separate motions are
recommended:
15t MOTION: A motion to approve the petitioner's request for a zoning map amendment from the C-2
Neighborhood Commercial District to the C-3 Community Commercial District.
AND
By making said motion, you agree that the approval criteria for Zoning Amendments have been met as outline
in the staff report.
Zoning Map Amendment Approval Criteria §11-5-5
A. Compatible With Use Or Zoning of Environs.
Staff believes the proposed rezoning of the property is compatible with the surrounding land use. The
property located directly west of the property is also zoned C-3 Community Commercial District.
B. Supported by Trend of Development
West of the subject property is a property zoned C-3 Community Commercial District. Rezoning the
property to C-3 would be consistent with the trend of development in the area.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the proposed zoning map amendment is consistent with the Comprehensive Plan
Objectives to support existing commercial businesses. Rezoning the property would potentially allow
more opportunity to redevelop an underutilized site.
D. Furthers Public Interest
Staff believes rezoning the property would allow additional opportunities for economic growth within
the City which furthers the public interest.
2nd MOTION: A motion to recommend approval of the petitioner's request for a Conditional Use Permit for
the operation of a tavern with live entertainment on the subject property, subject to the following Conditions:
1. The petitioner shall revise the site plan to include additional parking that shall be reviewed by the Zoning
Administrator. The Zoning Administrator may approve, approve with conditions, or deny the revised site plan
and recommend back to the Planning & Zoning Commission.
2. Outdoor sound amplification devices shall be prohibited.
3. Live entertainment shall be restricted to indoor areas.
4.Internally illuminated signage and video signage shall be prohibited. This restriction does not apply to
externally illuminated signage.
5. The development shall comply with Chapter 13: Landscaping & Screening of the City of McHenry Zoning
Ordinance.
6.No additional parking lot lighting shall be added unless required by federal, state, or local law.
7. The development shall be in substantial conformance with the submitted site plan and building elevations.
8. All other federal, state, and local laws shall be met. (Optional conditions of approval on next page)
Page 73 of 144
Optional conditions of approval:
9. The petitioner shall revise the site plan to include improved pedestrian access to the principal structure
such as crosswalks or additional sidewalk from the north most parking area that shall be reviewed by the
Zoning Administrator. The Zoning Administrator may approve, approve with conditions, or deny the revised
site plan and recommend back to the Planning & Zoning Commission.
10. The hours of operation of the proposed tavern with live entertainment shall be restricted to 7:00 a.m. to
9:00 P.M.
AND by making said motion, you agree the Approval Criteria for Conditional Uses (§11-15-5) have been met as
outlined in the staff report.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic.
Staff does not believe approval of the petitioner's request would generate any adverse traffic impacts.
The proposed use of the property as a bar with live entertainment generates less traffic during peak PM
hours than the former use of the property as a drive-thru bank.
B. Environmental Nuisance.
Staff does not believe approval of the petitioner's request would generate any environmental
nuisances. Staff is also recommending several conditions of approval related to lighting, and sound.
C. Neighborhood Character.
The proposed commercial use is appropriate and will be harmonious with the surrounding commercial
and office uses.
D. Public Services and Facilities.
The site is serviced by City Water and Sanitary Sewer.
E. Public Safety and Health.
Staff does not believe the proposed use will generate any adverse impacts on public safety and health.
F. Other Factors.
3rd MOTION: a motion to recommend approval of the petitioner's request for the following Zoning Variations:
1. Zoning Variation to allow an interior side yard setback of 8 feet in lieu of the required 10 feet for the
existing principal structure.
2. Zoning Variation to allow 28 parking spaces in lieu of the minimum 43 or more spaces required.
3. Any other Zoning Variations necessary to accommodate the proposed development.
AND by making said motion, you agree the Variance Approval Criteria have been met as outlined in the staff
report.
VARIANCE APPROVAL CRITERIA (§11-19-0. Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes this is a special circumstance because the existing principal structure predates the 1986
Zoning Ordinance and is considered legal nonconforming.
B. Circumstances Relate to the Property Only.
Staff believes the circumstances relate to this property and the existing layout and configuration of the
buildings.
Page 74 of 144
C. Not Resulting From Applicant Action.
The applicant did not build the existing structures on site.
D. Unnecessary Hardship.
Staff believes denying the request would create an unnecessary hardship.
E. Preserves Rights Conferred By District.
Staff does not believe that approval of the request would be a special privilege ordinarily denied to
other properties in the district.
F. Necessary For Use Of Property.
Staff believes the variance request is necessary for use of the building.
G. Not Alter Local Character.
Staff believes approval of the petitioner's request would not alter local character since the site has
operated in its current configuration for over 30 years.
H. Consistent With Title And Plan.
Staff believes the proposed Zoning Variations are consistent with the Comprehensive Plan.
I. Minimum Variance Recommended.
Staff believes the requested variations are the minimum required.
Attachments:
• Petitioner's Application and attachments
• Receipt of publication of legal notice
Page 75 of 144
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 10/04/21 10 : 16 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10474 Ad # : 1924992 Status : New
CITY OF MCHENRY Start : 10/05/2021 Stop: 10/05/2021
333 S . GREEN ST . Times Ord: 1 Times Run: ***
MCHENRY IL 60050 CLEG 1 . 00 X 85 . 00 Words : 267
Total CLEG 85 . 00
Class : C8100 PUBLIC NOTICES
Rate : LEGAL Cost : 129 . 40
# Affidavits : 1
Bill Desc: FILE Z-1003 FIRST MIDWEST Descr Cont : 1924992
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 10/04/21 10 : 01
Agency: Last Changed: bbehr 10/04/21 10 : 16
-----------------------------------------------------------------------------
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 1918274
-----------------------------------------------------------------------------
PUB ZONE EDT TP RUN DATES
NW CL 97 S 10/05
WEB CL 99 S 10/05
APNW CL 97 S 10/05
-----------------------------------------------------------------------------
(CONTINUED ON NEXT PAGE)
Page 76 of 144
SHAW MEDIA
EST . 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815) 459-4040
ORDER CONFIRMATION (CONTINUED)
Salesperson: BARBARA BEHRENS Printed at 10/04/21 10 : 16 by bbehr-sm
-----------------------------------------------------------------------------
Acct # : 10474 Ad # : 1924992 Status : New
PUBLIC NOTICE
PUBLIC HEARING NOTICE
FILE Z-1003
Notice is hereby given that
the City of McHenry Planning
and Zoning Commission
will hold a Public Hearing
using the Zoom Internet
Conferencing Application
which can be accessed
through
hffps://citVofmchen rV.zoom.
us/I/89475514561 or by
dialing +1-312-626-6799
(Meeting ID: 894 7551
4561)at 7:00 P.M. on Oc-
lobar 20, 2021 to consider
an application by Bank
Storage I.I.C. of 409 N
Front Street ("Contract
Purchaser') on behalf of
First Midwest Bank of 8750
W Bryn Mawr Ave, STE
1300, Chicago, IL 60631
("Owner of Record')for the
following request(s), in
accordance with the City of
McHenry Zoning Ordinance:
A Zoning Map Amendment
from C-2 Neighborhood
Commercial District to C-3
Community Commercial
District and a Conditional
Use Permit for the
operation of a Tavern&Bar
with Live Entertainment or
Dancing,and any other
Zoning Variations
necessary to accommodate
the proposed development.
Location: The site consists
of 1.92 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').
PIN: 09-34-201-011
The property is currently
zoned C-2 Neighborhood
Commercial District
A copy of the application is
on file and may be
examined by contacting
Cody Sheriff, City Planner
by email at csheriff@
cityofmchenrv.ora 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
Commission, City of
McHenry, McHenry County,
Illinois.
/s/Stacy Rockweiler
Chairwoman,Planning and
Zoning Commission
(Published in the Northwest
Herald October 5, 2021)
1924992
Page 77 of 144
LFOR M :A]l ile Number
PIJBLIC HEARING APPLICATION
Planning and Zoning Commission
City (of McHenry
333 SOL1111 Greeii Street- Mcl-letiry, IL,60050 a Tel: (815)363-2170 Fax:(815)363-2173
1. NaiiieofApplicaiit: 1'3crti-ai,ilirsliii-txer til�i5 185-1590
Address 409N bront,St Mcl-leti 11,60050 Fax (&L51 385-L605
Emai I: Lirt
2. NaincofPropert)�Owiier: Bai,ik-S�eLl-C Te I .385-1590(AL5
(if other than Applicant) _1
Address 409 N Front St Mcl-leeryLl, 000-5q_____. Fax (8_15�,f)05
Email drb J� )jtpcjict
3. Name of higitieer Tel
(If represe wed)
Address -ax
Email
4, Name of Attonley: LOsLpl-L_Klcjii TO L21 9
(if represented)
Address 105 L.-Perimeter Dr Ste 300 SehauqAjgDY 11,6017-1.____ F`ax C224184j.-3636
Email jkj
5. Common Address or Location of property 4502 CMsL,�l Lake, Rd Mcl-lerui,. 11,60050
................ ............. . .....
6, Requested Actioii(s)(check all that apply)
X Zotiing Map Arnevidinctit(Rezoning) m Zoning Variance— Mirror(Residential)
X. .Conditimal Use Permit Zoriirtg Text Aniendrilerit
--Zoning Variance(Non-residential) Use Variance
Public Hearin g Application Packet Page 5 of 21
Page 78 of 144
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;.
Zoninghistory_:
This property has been zoned C-2, but operating as a C-3, from inception. A financial institution is not a
permitted, nor conditional, use within the C-2 zoning niatrix. Therefore, for over 20 years,this property
has been utilizing the C-3 zoning matrix while being labeled C-2. We wish to Continue use wit Hill the C_
3 matrix, while finally property recognizing the C-3 zoning oil tile zoning map.
PropqL Overview:
The current parcel, though under one pill and C-2 zoning class, is split into 2 general use sections, The
"front section"was used as the First Midwest Bank branch, including the retail Nvalk-up and covered
drive-up sections. The"rear section"of the property is a stand-alone steel building that was used by the
batik as commercial storage. We have broken down Our I-CCILlested action based on the"1111.dti-SeCti011"
approach that was used by the bank for decades,
Front Section:
We intend to transforril tile bank building to a local entertainment destination. in conjunction with Roll
Pecorini of the(Jrcat L,akes Smoke Show,the tnulti-level brick batik building will be gutted and
transformed into as Cuban therned tavern. "flee upstairs\vi I I consist ofa single location bar with barstools,
high top tables, restroorns,ail(] a walk-in humidor for cigar sales. The existing front entrance will remain,
but the side exit into the current drive-through will be removed and replaced by a real-entrance/exit. The
lower level will be converted into a members only,area with lockers and private party/niceting rooms.
The existing lower level bathrooms will remain, but be remodeled and brought Lip to modern standards,
The existing drive-thru lanes will be converted into ail open air smoking founge. Utilizing the existing
foundation and roof structure, knee walls will be bricked Lip to match the building and provide ail
enclosed garden-like atillosphere. Roll Lip glass doors will be added,along with heaters,cooling falls,
TVs,and lounge appropriate seating. *]'his will allow patrons to enjoy their cocktails safely Outdoors,,
while also enjoying a cigar in a property ventilated covered space,
If issues arise in working with the State of`IL with regards to the Smoke Free Illinois Act, we have also
been in contact Nvith Windy City Cannabis regarding a Marijuana Dispensary location, Iftlic property
were re-zoned to C-3, this would be a permissible use and as good location for this type of buildout.
Rear Section:
The rear section of this property is a vvarehouse,and has been used for commercial storage since the batik
built the property. We simply xvish to continue to use the warehouse as commercial warchouse space.
Public Hearing Application Packet Page 6 of 21
Page 79 of 144
Current Use ol'Property: Currently yLic dwest Bank branch office.
;p1j.....Erevious use was a First Mi
7. Current Zoning Classification of Property, Including Variances or Conditional Uses (Into uc-dy.c
Z0114141 'k,�p)
C-2- no variances or conditional LIsCS ffqd but, (lie property was no b t e �,, ra
scal Fo pe r rmissible
L
conditional)C-2 uses. Previous use was.a ermissibIC use in C-3 zoiIi.I.I.&_._
8. Current Zoning Classification and [.and Use of'Acjoining Properties(tijtqracl ivQ /on i tj_�
North: 0-2- MUIti-LlSe office
South: R5-.4 Residential neigjib�q!jioq,d!on the other side(if Cry,,!i I Lake Rd.
East: RSA-4- Residential ne4jiborhood on the other side of Crv,-,141 Lake Rd.
West: C-3--Ace 1,lard ware/Vacan t Land
9. Required Attachimnts(check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
X I. Application Fee(aniount) S 950""—
X 2, Narrative Description of Request
X 3. FORM A- Public Hearing Application
X 4. FORM B-- Zoning Map Amendment(Rezoning) Application
X _5. FORM C-Conditional Use Application
__6. FORM 1)-Zoning Variance Application
T FORM E-. Use Variance Application
8. Proof of Ownership and/or Written Consent from Property Owner in the Form of all
Affidavit
X —9. Plat of'Survey with Legal Description
X —10, List of Owners of call Adjoining Properties
--..11. Public Fleari ng Notice
12. Sign(Provided by the City)
X 13, Site Plan
X 14. Landscape Plan
X 15. Architectural Rendering of Building Elevations
16. Performance Standards Certification
—17. Traffic Analysis
—18. School Impact Analysis
Public Hearing Application Packet Page 7 of 21
Page 80 of 144
10. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee or 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 subicct property, the application shall disclose tile
legal capacity of the Applicant and the full name, address, and telephone number ofthe 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 Owneiijis Corporation or Partnerslij
ip
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 rive percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
ApplicgLt.gr 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.
11. Certification
I hereby certify that I am aware of all code requirements of the City of Mcl-lenrly 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 as recommendation be forwarded to the City Council for tile
adoption of an ordinance(s) granting the re(ILICSted action(s), including any niodifications to this
application or conditions ol'approval recommended by the Zoning Board of Appeals or City Council.
�,Si�,natq_
Print Name and Designation ol'Applicant(s)
ej L
Public 1-teariiig Application Packet Page 8 of 21
Page 81 of 144
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-
jApplicant's Name and Address)
For approval of:
Re nested Action)
(Applicant's.Signature)
(Applicant's Name and Address)
Subscribed and sworn to
before me this day
of --,2020,
Notary Public
Ptiblic Hearing Application Packet Page 9 of 21
Page 82 of 144
File Number
ZONING MAP AMENDMENT (REZONING)
Planning and Zoning Commission
City of McHenry
333 SOLlth Green Street a McHenry, IL 60050 z,TeL (815)363-2170 0 Fax:(815)363-2173
Table 33 of the City of McIlenry 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(if the conditions listed below apply to the requested action.
Please respond to each,of these conditions as it relates to ypur—request.
1.. Coninatible with Use or Zoning,of Environs
The proposed use(s) or the uses permitted tinder the proposed zoning classification are compatible with
existing uses or existing zoning of property in the environs.
Yes. Previous USCS,as wKl;fl_qS the )r0posLd ItiOnal Under C-3farm tt;
...... ........
2. Supported by]'tend of Development
The trend of development in the general area since the original zoning of the affected property Wils
established Supports the proposed use(s)or zoning classification.
Yes. The propgrty is flanked oil 2 sides by C-3 laree retail/ware,11OL15in I and also has ail entrance that is
l2art of a 41 way sipp.jight,
3. Consistent with Comprehensive Planobicctiyes
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.
Yes. as the DreVi0US/CUrrent use.
4. Furthers Public Interest
The proposed use(s)or zoning classification promotes tile public interest and not solely the interest of the
applicant.
Yes. The proposed use would provide an entertainment outlet that current)v re wires the
community to travel quite a distance to enjoy. The use will alsolrovide a destination in town
that will draw in business front adiacent cornmunitics to drive revenue in other avenues vrovided
by businesses within Mclienry,
Public Hearing Application Packet Page 10 of 21
Page 83 of 144
Dnizm C File Nturnber
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of mcnenry
333 South Green Street 11 Mel-lenry, IL 60050 c)Tel: (815)363-2170a Fax:(8 15)363-2173
Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval ofa Conditional Use Permit, the Planning and Zoning Commission shall transmit to
the City Council written findings drat all of the conditions listed below apply to the requested action.
PleascrespQ�j qpach of these conditions as it relates to youLrqqqpst.
L Traffic
Any adverse impact of types or volumes of trafflic flow not otherwise typical in the zoning district has
been minimized.
No. Traffic flow in and cart of tli!�_�iopgly is cygeLifll that enter-s the
private driveway in the NE_K_qrner of the
2. En v iron inental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse
environmental effects ot'a type or degree not characteristic of'permitted uses, in the zoning district have
been appropriately controlled.
No. A tavern/restaurant is a conditional rise and a cgiinion type of use For similar farcenerties and
................
areas.
3. Neiarliborhood Character
The proposed tise 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 itndLle deleterious
effect on the environmental duality, property values, or neighborhood character existing in the area or
normally associated with permitted uses in the district.
Yes, the osed use will be Droncrlv built ow beaLitifie an(] a benefit to the community� to similar
_prop d,
levels thq!,Nve ha t4rpu isting City , bLis jes,s
Public Hearing Application Packet Page I I of 21
Page 84 of 144
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,
No. The proposed uses will not re wire additional community facilities or services. but will generate
q
s[g!jLifig-qijt tax revenue for the cit
..................
...........
......................
S. Public Safety and Health
The proposed use will not be detrirnental to the safety or health of the employees, patrons, or visitors
associated Nvith the use nor of the general public in the vicinity.
No. Tile nroposed use is a tavern with an outside larden area.
...........
.............
6. Other Factors
The proposed use is in harmony with all other elements of'cornpatibility pertinent to the Conditional Use
and its particular location.
Yes. The location is ve , Well Suited for the proposed use and is a good fit for ths, exLsCqi flciqg ind
infrastructure that is already at the site. ...........
............
...........
..........
...............
Public Hearing Application P'acket Page 12 of 21
Page 85 of 144
F �
9
Ate
41
p� r
• ~ g-.Paul _ c -
to
CC « yp � 1
F, MillF p
a � fitZb 9!
.'` � �nmar m�mmwnwuwmwxwemvnxmmre����_, ummmren iuimvmnmmui
r
w�
F
r
p
r
ry
Igo,
r � ,
17
k
�R
ks
��� � l�l � Ail I G I �����.��.am•o'��m ���'�,��, ��
i
Page,86 of,144
95 �
uuuu/ll :, lillllllluu� II luu
V i
f ',� sty fi iiil im � ,
III � � u7F
Illlllllllllllllllii °°°°I���� IIIIIIII� , '-�u
i +�' ilOw� luw a �IVo
71
am
00
Nova
ge 87 ofu'ilii Vli ii Ijll R li
lillu{��IIIIIIII � Illi��� � ii� � �l�Ulllll
> �
\
> § > \
EEEE§ § �
\
T—
§; EEE
� )
w o �
\\ / j{
E
\~ J~ ®\
0mX§'> ?§
\§)§!_ _!
\ 9 E* §5 /
-
\ o`
` z_
, 3
>
2
- m m
®9 m §
\ �) � � �
•
•
•
I
Jr
/I.
/
)J"
1
f
f
iw
IILt
Uil /J�u� /�or��drV/
/�/ r/i r rrr a➢ �q��/ I
�/Jf�J��r 1� /d ���,�0� 2✓/��N�i1�ti� /i"
rr
yIV
1
Staff Report for the City of McHenry Planning & Zoning Commission
Petition: Z-999 Hearing Date: October 20, 2021
Applicant: Commonwealth Development Corp. Site Information: The site consists of 2.28
of America of 7447 University Avenue, acres, more or less, and is located
Middleton, WI 53562 ("Contract Purchaser") approximately 330 feet south of the intersection
of W. John Street and N. Front Street along the
Request: A Use Variation to allow a multifamily east side of N. Front Street, with a common
residential dwelling in the C-5 Highway address of 914 N. Front Street, McHenry, IL
Commercial District, Zoning Variations from 60050 ("Subject Property").
Chapter 12 — Off Street Parking and Loading
requirements, C-5 Highway Commercial District Zoning: C-5 Highway Commercial District
corner side yard setback requirements
(§11-9-7), and any other Zoning Variations Future Land Use Designation: Commercial
necessary to accommodate the proposed
development.
Aerial
A,
/ f , j.
100 200 Fee
Page 90 of 144
Zoning Map
-� RM . . Zoning Districts
120 E Estate
RS-1 Low Density SFR
RS-1A Medium Low Density SFR
RS-2 Medium Density SFR
RS-3 Medium High Desnity SFR
RS-4 High Density SFR
�� �� l�111111U1111111J��y��� RA-1 Attached Residential
RM-1 Low Density Multi-Family
RM-2 High Density Multi-family
ISO MU Mixed use
C-1 Convenience Commercial
C-2 Neighborhood Commercial
C-3 Community Commercial
'1 C-4 Downtown Commercial
C-5 Highway Commercial
/ //// BP Business Park
RM 2
I-1 Industrial
1 RM 2 0-1 Local Office
A �..
/ 0-2 Office Park
RM-2 IDD Integrated Design
Es i, Garman FAO NO�AAM k
-��«��,a � v��r HC Health Care
e M_2 �n f Q corSfributors an�l�th °Is=
G
RM 2 0 500 " 1,000 Fee A-M Agriculture and Mining Overlay t, ., A-1 Agriculture
Zoning Ordinance Definitions Zoning Designation
C-5 Highway Commercial District - The purpose of this district is intended C-5 Highway Commercial District
to provide locations for highway oriented commercial uses, businesses
having large space needs, and other establishments offering goods and
services that are less frequently purchased.
Adjacent Zoning & Land Use
North: C-5 Highway Commercial
District, Landscaping Company
South: C-5 Highway Commercial,
Commercial Stripmall; and RS-4
High-Density Single-Family
Residential
East: RS-4 High-Density Single
Family Residential, City Park
West: C-5 Highway Commercial,
Auto Repair/Rec Vehicle Sales.
Page 91 of 144
City of McHenry Future Land Use Map
%/ Law DensI'` Future Land Use
4 at � ,
�2o Estate Residential
Low Density Residential
Medium-Density Residential
. High-Denisty Residential
,� �"' � � f � ��❑ Integrated Design District
Industrial
y / / Business Park
/ Residential .
Medium-Density Commercial
Residential
Office
Municipal
Institutional
/ ❑////////� %////������ Parks and Conservation Area
iii//%❑/%%%%i Agricultural
!/ %�❑❑❑❑%%%%%%%%/❑/❑❑/j
/ � ; 1 „�, �,,,����❑� Environmental Corridors
%/ , //❑/ Parks and Water
40/i/ '„ii/%///❑❑ Other
/ ❑� / %❑ �� Conservation
' U10
% /%%////%%/ '�❑/ '�%///❑❑❑❑❑❑❑❑/❑ Mixed-Use
;/ / / � ��////❑iiiiiiii it ,, Area
❑ �j/ //� � Historic Downtown
'%�❑li��%�/�/ j%o% �I���I si i I
j' %� ���❑//�/%///�i�%% �/�%/� ail) i��������� �i
- Re � ent�a
A UM Dog Park
VV Sources Esri HERE J SG
�'/%'%%""� "' ❑i ' 1 1 � ' 9 S'Y . Environmental -Wetlands
CS)O.penSfreefMa rP,1 G15
0 500 1,000 Fee Neighborhood Commercial
/';,, r,❑%❑,a% % U JUJ JIJ VFW
Comprehensive Plan Text Future Land Use MapDesignation
Comprehensive Plan - Land Use Commercial/Parks and
❑ Objective: "Encourage planned, high quality growth throughout the Conservation Area
City." (p. 27) Adjacent Future Land Use
❑ Policy: "Encourage redevelopment of older commercial areas by
adopting Sub-Area Plans or working through the different sections of the
Plan to help facilitate the development." (p. 27) North: Medium-Density Residential
❑ Policy: "Promote high-density residential only in areas where South: Medium-Density Residential
transportation services exist to facilitate the efficient movement from East: Commercial
home to work or services for the residents." (p. 28) West: Parks/Conservation, Medium-
Density Residential
Main Street Sub-Area Plan
❑ Objective: Promote high-density residential development in the area
near the Metra station;
❑ Objective: New multifamily development proposed north from library
to John Street extended;
❑ Objective: Larger office or entertainment uses proposed for east side
of Front Street, south of John Street;
❑ Objective: Provide necessary landscaping buffer to residential
properties;
Page 92 of 144
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, Commonwealth Development Corp of America (Contract Purchaser), is proposing to construct
a three-story, 50-unit, apartment building at 914 N Front Street (Former Roller Rink). Upon completion, the
proposed development will consist of 16 one-bedroom units, 9 two-bedroom units, and 25 three-bedroom
units. The developer will need to receive approval of the following zoning items to accommodate the
development:
• A Use Variation to allow a multifamily apartment building within the C-5 Highway Commercial District.
• A Zoning Variation to allow a corner side yard setback of 19' in lieu of the required 30 feet.
• A Zoning Variation to allow 100 parking spaces in lieu of the required 124 spaces.
• Any other variations necessary to accommodate the proposed development.
The developer will be applying for the Illinois Housing Development Authority's Low Income Housing Tax
Credit (LIHTC) to construct the development. This program requires developers to set aside all units for
residents earning 30-80 percent or less of the prevailing McHenry County Area Median Income (AMI).
CITYOF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of
McHenry Zoning Ordinance.
• The petitioners must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of
McHenry Zoning Ordinance.
STAFF ANALYSIS
CURRENT LAND USE AND ZONING
The subject property is currently zoned C-5 Highway Commercial District. The site was formely occupied by
Just for Fun Roller Rink, tragically the principal structure was destroyed due to arson. The City is in the process
of condemning the site because the property owner has failed to remediate the existing debris from the
structure fire. Primarily surrounded by commercial, a portion of the property abuts a single-family home on
the southeast corner of the property. Center Street Park is located directly east of the subject property. Staff
is recommending the petitioners provide a safe pedestrian access in addition to either upgrading the existing
equipment or providing a monetary donation to the City.
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use Map recommends commercial use of the property. The proposed use of the property for
multifamily is not consistent with the Future Land Use Map recommendation. The subject property is within
the Main Street Sub-Area Plan boundaries which also recommends office or entertainment use opportunities
for the site. However, the subarea plan does recommend multifamily on the property directly west of the
subject property.
Page 93 of 144
COMPREHENSIVE PLAN OBJECTIVES AND POLICIES
Overall, staff believes the proposed development is somewhat consistent with the City's Comprehensive Plan
objectives and policies and the Main Street Subarea Plan Goals and Objectives. Staff comments italicized.
Land Use
• Policy: "Encourage redevelopment of older commercial areas by adopting Sub-Area Plans or working
through the different sections of the Plan to help facilitate the development." (p. 27)
The subject property is located within the Main Street Sub-Area Plan.
• Policy: "Promote high-density residential only in areas where transportation services exist to facilitate
the efficient movement from home to work or services for the residents." (p. 28)
The property is within 0.25 miles of the Metro Station and would be considered a transit-oriented
development'.
Transportation
• Policy: "Avoid creating through traffic on local streets." (p. 41)
Located on a state highway, staff believes there is adequate capacity to service the development and
not burden local roads and streets.
Main Street Subarea Plan—Overall Goal: "The goal of the Main Street Sub-Area Plan is to provide guidelines
that will foster redevelopment of the area into a mixed-use and pedestrian-friendly neighborhood, taking
advantage of public transportation options, while maintaining the existing historical integrity of the sub-area."
(p. 12)
Overall, staff believes the proposed development is somewhat consistent with the plan for the Main Street
Subarea. Approval of the plan would be supportive of promoting a walkable pedestrian friendly neighborhood
that is able to take advantage of public transportation options.
Main Street Subarea Plan—Land Use Objectives and Policies
• "Promote high-density residential development in the area near the Metra station." (p. 12)
The proposed development is in conformance with the Main Street Plan recommendation since it is
located within 0.25 miles of the train station.
• "Minimize impacts of existing and new development on older established residential neighborhoods."
(p. 12)
The petitioner is proposing a single access point on IL-31. Staff does not believe the proposed
development will generate any adverse impacts on the surrounding properties.
• "Redevelop sites [south of John St] for office or entertainment use opportunities." (p. 20)
The petitioner is not in compliance with this recommendation. The Commission should take into
consideration whether the request is consistent with existing trends in development or if the request is
in response to a change in the environment.
(Staff report continues next page)
'Transit Oriented Developments are typically within walking distance of a train station which equates to approximately 0.25-0.5
miles.
Page 94 of 144
SITE PLAN ANALYSIS
Overall, the proposed site plan is in substantial conformance with the City's Zoning Ordinance with only a few
minor exceptions. See below staff comments for various site elements.
• Parking. The petitioner is proposing a total of 100 parking spaces in lieu of the required 124 spaces. As
noted in the prior Authentix Multifamily Development, the City's Parking Ordinance requirements are
excessive in comparison to other municipalities. Staff is comfortable with the proposed parking
composition of 2.0 spaces per dwelling unit.
Multifamily Apartments
Required Parking # units Required Spaces
Total
Studio 1.5 0 0
1 2 16 32
2 2.33 9 20.97
3 2.33 25 58.25
Total 50 111.22
Visitor Parking 0.25 50 12.5
Total Required
Parking 123.72
Proposed Parking 100
• Landscaping & Screening. The petitioner has provided a landscape plan that appears to be mostly in
compliance with the Ordinance. Parking Lot Perimeter Landscaping requires the installation of at least
two (2) other species of shrub (missing) in addition to a 3-foot high wall of evergreen screening. Staff
believes the lack of shrubs was more of an oversite rather than a sought-after variation. Staff is
recommending the petitioner comply with the Ordinance.
• Fencing. The petitioner is not currently proposing a privacy fence along the southeast corner of the
property abutting single-family residential. Staff believes having such a small portion be covered by a
fence would look out of place. Staff is requesting the Commission's feedback on this item.
• Density. The petitioner is proposing approximately 50 units on 2.8 acres which equates to 17.85
dwelling units per acre. The proposed density is not out of line with other multifamily developments in
the city (see below table).
Year Built Units Acres Density Single-Family
Home Density
Adjacent to
Development
Garden Quarter 1970s 68 units 4.7 acres 14 units/acre 3.28 units/acre
Apartments
Hillcrest 1982 88 units 4.89 acres 17.9 units/acre 2.33 units/acre;
Apartments 2.88 units/acre;
Fawn Ridge Trails 1988 208 units 10.75 acres 19.3 units/acre
Apartments
Southgate 1977 64 units 3.55 acres 18 units/acre 2.55 units/acre
Apartments
Authentix 2021 288 units 20 acres 14.4 units/acre 2.55 units/acre
Page 95 of 144
• Setback Variation.To the north of the subject property is an unimproved road right-of-way. The north
property line therefore is considered a corner side yard. The ordinance requires a 30' setback from the
corner side yard in the C-5 Highway Commercial District. However, staff will be proposing to vacate the
roadway in the event their grant application is successful. Vacating the roadway would bring the
development into compliance with the ordinance requirements.
• Center Street Park. The petitioner is not proposing to provide any outdoor playground areas. Located
next to a City park, staff is recommending the petitioners revise their site plan to include a pedestrian
access point to the park. Staff will also be recommending the petitioner work with the city to improve
the park or provide a monetary donation.
STAFF RECOMMENDATION & MOTION
In summary, staff believes the proposed development would have a positive impact on the local economy.
Although the development is inconsistent with the Main Street Subarea Plan recommendation for
entertainment/office space use, the plan does recommend multifamily land use directly west of the site. The
site is also less than 500 feet away from at least two other multifamily developments in the area.The
Commission should discuss whether the proposed development with a change in conditions and other trends
in development in the area. Adjacent to a state highway, staff does not believe there will be any adverse
impacts on the surrounding properties. Staff does not object to the petitioner's request and recommends
approval subject to appropriate conditions.
If the Planning& Zoning Commission agrees with staff's assessment, then two separate motions are
recommended:
MOTION: A motion to recommend approval of the petitioner's request for a Use Variation to allow a 50-unit
multifamily development at 914 N Front Street, subject to the following conditions:
1. The property owner shall revise the site plan to provide safe pedestrian access to Center Street Park which
shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, approve with
conditions, or deny the revisions and recommend back to the Planning &Zoning Commission.
2. The property owner shall enter into a development agreement with the City of McHenry to provide
improvements to the Center Street Park or a fee in lieu of providing improvements.
3. The development shall comply with Chapter 13: Landscaping and Screening of the City of McHenry Zoning
Ordinance.
4. All development shall be in substantial conformance with the submitted site plan, landscape plan, and
building elevations.
5. All other federal, state, and local laws shall be met.
AND by making said motion, you agree 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: For reasons fully set forth in the written findings,the strict
application of the provisions of this title relating to the use of the buildings or structures, or the use of the land,
would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and
undue hardship upon the applicant.
Page 96 of 144
B. Reasonable Return:The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations in this title for the pertinent zoning district.
Staff believes the subject property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations.
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to
the property for which the use variance is sought and that they do not apply generally to other properties in the
same zoning district.
Staff does believe this is a unique circumstance. The proposed use of the property for multifamily residential is
consistent with other multifamily development less than 500 feet from the subject property. The Main Street
Subarea Plan also recommends multifamily directly west of the subject property.
D. Not Alter Local Character:The granting of the use variance will not alter the essential character of the locality,
nor substantially impair environmental quality, property values or public safety or welfare in the vicinity.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding area and
would have a positive economic impact on the surrounding businesses.
E. Consistent With Title And Comprehensive Plan:The granting of a use variance will be in harmony with the
general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan. The site is within 500 feet
of several other multifamily developments and the Main Street Subarea Plan recommends multifamily land use
directly west of the subject property.
2"d MOTION: I motion to approve the petitioner's request for the following zoning variations:
1.A Zoning Variation to allow a corner side yard setback of 19' in lieu of the required 30 feet.
2.A Zoning Variation to allow 100 parking spaces in lieu of the required 124 spaces.
3.Any other variations necessary to accommodate the proposed development.
Subject to the condition that the development be in substantial conformance with the submitted site plan, landscape
plan, and building elevations.
AND By making said motion I agree with staffs assessment that the approval criteria for zoning variances have been met
as outlined in the staff report.
VARIANCE APPROVAL CRITERIA(11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff believes this is an unusual circumstance. The City plans to vacate the proposed right-of-way in the future
which would bring the development in compliance with the Zoning Ordinance. The City's parking regulations
have been noted in prior developments to be excessive.
B. Circumstances Relate to the Property Only.
Staff believes this is a special circumstance as a result of the property being located adjacent to an unimproved
right-of-way. Staff will be proposing to vacate the unimproved right of way which would bring the property into
compliance with the Ordinance. The City's parking regulations, as noted before, are excessive and have been
allowed to be reduced in prior developments.
C. Not Resulting From Applicant Action.
The applicant did not create unimproved right-of-way which is planned to be vacated in the future to bring the
property into compliance with the Zoning Ordinance. The applicant did not create the City's parking regulations.
D. Unnecessary Hardship.
Staff believes if the city enforces the ordinance that it would cause undue hardship on the applicant since other
properties have been granted similar parking variation requests.
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:
Page 97 of 144
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 applicant's request would not substantially alter essential character of the locality
nor have any other adverse impacts. Improvements to the subject property would positively impact the
surrounding area.
H. Consistent With Title And Plan:
Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the
Comprehensive Plan recommendation for increasing overall density in the downtown area.
I. Minimum Variance Recommended:
Staff believes the proposed variance requests are the minimum required.
Attachments:
• Petitioner's Application and attachments
• Receipt of publication of legal notice
Page 98 of 144
F_a t,ry c�Q
a5.
October 1, 2021
City of McHenry
333 South Green Street
McHenry, IL 60050
Re: Proposed DOMAIN Development—914 Front Street
Dear Mayor Jett, Council Members, and City Staff,
Commonwealth Development Corporation of America is requesting a Use Variation to permit the proposed
DOMAIN multi-family development consisting of fifty dwelling units for the property located on 914 Front
Street. The proposed unit mix entails 16-one bedrooms,9-two bedrooms, and 25-three bedrooms with rents in
the realm of$400 up to $1,200. Current zoning of the forementioned property is Highway Commercial(C-5)
which does not currently permit the development of a new multi-family apartment complex. For this reason,
Commonwealth is seeking a Use Variation.
In addition, a variance is being requested to decrease the required parking stalls to permit 100 stalls in total
providing a 2:1 ratio for future tenants.We believe is more than sufficient based on Commonwealth's 20 years
of operational history demonstrating the average household requires 1.6 stalls per household.
This proposal achieves this sites' highest and best use as it is currently underutilized and presents a great
opportunity for a new infill development given the proximity to amenities,transit, downtown, and more.
The city of McHenry is currently experiencing a shortage in housing as development has been stagnated over
the years with the average unit constructed in 1983 per the Strategic Planning Analysis conducted by Tracy
Cross&Associates,Inc. (TCAI)in March of 2021.Even with the aging housing stock,TCAI's report indicates
a current vacancy rating of 0.7% demonstrating an extraordinarily strong market. TCAI suggests the addition
of 320 apartment units by 2025 and while the Mayor,Council Members,and City Staff are making great strides
in achieving this goal by approving multi-family developments as of recent,there must be a focus on providing
high-quality units at a range of price points opposed to strictly luxury that are not affordable to a vast majority
of the community.
Present day apartment trends are creating a perception that a$1,000 studio/1BR apartment is affordable,when
often that is not that case. For an individual making less than$3,335 a month($40K annually)this price point
is too high and places them in a "Rent Burden" in accordance with the 30-percent rule that a household
should spend no more than 30 percent of its income on housing costs.
7447 UNIVERSITY AVENUE,SUITE 210•MIDDLETON,WI 53562•(608)824-2290•FAX(608)260-7832
WWW.COMMONWEALTHCO.NET
Page 99 of 144
This calculates to roughly$19 an hour.Active job postings within the city of McHenry that fall within this pay
scale include Dental Receptionist, General Laborer, Caregiver, Culinary Team Member, and Security Officer
to name a few. As demonstrated in this list, there are a vast majority of individuals within the McHenry
workforce contributing to society on a daily basis that cannot afford the standard market-rate apartment rents
that continue to climb at a breakneck pace.For this reason,Commonwealth is requesting a Use Variance along
with supplemental Variances to permit the proposed development as it will benefit the existing workforce
immensely while promoting future economic growth. Limited housing stock will no longer prohibit corporate
expansion for the city of McHenry.
If you require further information,please do not hesitate to contact me via email at
t.sheeran(acommonwealthco.net or by telephone at (608) 556-2939.
With appreciation,
Tyler Sheeran
Page 100 of 144
FORMA File Number
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of MCI-lenry
333 South Green Street-McHenry,IL 60050 13 Tel: (815)363-2170 fl Fax:(815)363-2173
1. Name of Applicant Commonwealth Development Corp. of America Tel (608)556-2939
Address 7447 University_Ave,Middleton,WI 53562__ Fax N/A
Email t.shecran@commonwealthco.net
2. Name of Property Owner Wade Cepulis Tel(262)215-9992
(If other than Applicant)
Address 4634 N. 107' Street,Wauwatosa,WI 53225 Fax
Email wcgDulis@icloud.com
3. Name of Engineer Tel
(If represented)
Address Fax
Email
4. Name of Attorney Joseph Gottemoller Tel(815)459-5152
Address 1 N Virginia, Crystal Lake, IL 60014 Fax
Entail 'oe mche count law.com
5. Common Address or Location of Property 914 front Street,McHenry, IL 60050
6. Requested Action(s) (check all that apply)
Zoning Map Amendment(Rezoning) x_Zoning Variance—Minor(Residential)
Conditional Use Permit _Zoning Text Amendment
Zoning Variance(Non-residential) x Use Variance
Public Hearing Application Packet Page 5 of 14
Page 101 of 144
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:
Please see attached narrative.
Public Hearing Application Packet Page 6 of 14
Page 102 of 144
7. Current Use of Property Former roller rink that has since_been_partially incinerated.
S. Current Zoning Classification of Property, Including Variances or Conditional Uses (tjiteracti"e
o I I IL ul ',�_Nd-�P)
................
Hi way Commercial (C-5)
-gh. ..- - .................... ------------------—------
9. Current Zoning Classification and Land Use of Adjoining Properties (Interacti\�e Zonim, MIp)
North.- Ltig,,Lw-,,Y-C-ol-lln—le-rc—ial-(C---5)- Vacant Building---- --------
South: Highway Commercial (C-5) Mc[le jny
East: High-Density Single Family_Residential (RS-4)-Center Street Park
West: Highway Commercial (C-5) B & B Auto
Commercial
10. Required Attachments (check all iterns submitted)
Please refer to the Public Hearing Requixernents Checklist to determine the required attachments.
L Application Fee (amount) $ 950 (Previously sent)
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
T FORM E-Use Variance Application
& 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
IT Traffic Analysis
I& School Impact Analysis
Public Hearing Application Packet Page 7 of 14
Page 103 of 144
11. Disclosure of Interest
'I'he patty 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 CoMoration 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 recorninerided by the Zoning Board of Appeals or City Council.
pp Si nat4 of-A lic&(S)
1-11-Plif 1e and Desi'gftlatiQn of Applicant(s)
2
-l'Ylr,, lerj!fi"'—DeveloDi-nent Associate
Public Hearing Application Packet Page 8 of 14
Page 104 of 144
i
FORM D File Number
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street o McHenry,IL 60050 d Tel: (815) 363-2170 13 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, j
i
Please respond to each of these conditions as it relates to your request, j
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.
Commonwealth Development is requesting is s requesting Zoning Variations from Chapter 12—Of_f Street
Parking and Loading requirements, C-5 Highway Commercial District corner side yard setback
requirements 11-9-7 and an other Zoning Variations necessau to accommodate the proposed
development. Proposed parking includes 100 total stalls providing a 2:1 ratio. The proposed development
is to be situated on a 2.3-acre in-fill parcel and is being utilized to its fullest potential while still
conforming to all set-back requirements. We believe this request is warranted as evidence across majoriV
of our project indicate the average stall required per unit equates to 1.6:1 stalls/unit demonstrating that a
2:1 ratio is more than sufficient.
2. Circumstances Relate to Propgjdy Onl
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 party with
interest in the property.
The requested variances all pertain to the design/construction aspects of our site and shall not affect the
surrounding parcels, their business and/or financial circumstances.
Public Hearing Application Packet Page 10 of 14
Page 105 of 144
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.
Applicant (Commonwealth) has recently executed a purchase agreement with the current seller. No
further action has/will occur until proper municipal approvals are received.
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.
If variances are not permitted, the development cannot come to fruition, An increase in required parking
would require a reduction in density, Commonwealth is 12r9posing a 50-unit building as we have come to
find this as the sweet spot promoting economies of scale for various subcontractors of which is a major
factor considering the current construction cost climate.
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.
As the property sits, it is not substantial. It currently consists of a partially incarcerated roller rink and will
require demolition and proper redemption all of which cannot be done without the approval of requested
variances.
i
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.
Requested variances are warranted as it aligns with Commonwealth's missions of providing top-tier
housing that is affordable to the workforce community. In addition, this site previously„features a historic
st4pple that served the community for nearl 70- ears until the recent fire. If the requested variances are
received, Commonwealth will have achieved the full satisfaction for our parcel by roprop viding_quality
housing to the community while being able to repurpose this historic site.
Public Hearing Application Packet Page I I of 14
Page 106 of 144
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 granting of the requested variances will improve environmental duality as we will conduct a Phase 1
and Phase 2 if necessary to ensure site does not present any issues for the proposed development along
with the surrounding neighbors. If an environmental issue is identified proper remediation will occur.
The projected$17 Million dollar development will provide a significant increase to the city's tax base and
the adjacent property values. Lastly, the development will feature adequate exterior lighting smart key-
fob technology, while designed by professional architects/engineers to ensure safety for our tenants and
the entire community.
8. Consistent with Zoning Ordinance and Comprehensive Plan
The granting 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.
The proposed variance request permits a development that aligns with numerous objectives set forth in
the city of McHenry's comprehensive plan.For starters, the promotion of downtown_housing. The subject
site aligns with this policy as it is less than a mile from downtown and is in close proximijy to existing
services including but not limited to RroceKy store, restaurants, pharmacy, fire station, bank, place of
worship and more. In addition, the parcel features 15 bus stops within a '/z mile aligning with the City's
objective of supporting transit-oriented developments. Lastly, the proposed development entails
demolishing the partially incinerated roller rink that sits on this site. Not only does this proposal align
with the comprehensive plan's policy of demolishing older abandoned structures,but more importantly, it
removes the current eyesore from the community to replace it with a unique, state-of--the-art, anti-
monotony designed housing complex.
9. Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and
enjoyment of the property.
Commonwealth Development has been in discussions with the City„of McHenry since last year pertaining
to a new multi-family development. After successfully identifying the parcel located at 914 Front Street
there have been multiple meetings with M+A Design, Inc. to craft the best design for this site while
adhering to all of the current requirements with the exception of parking.
Public Hearing Application Packet Page 12 of 14
Page 107 of 144
FORM E File Number
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street i3 McHenry, IL 60050 n Tel: (815) 363-2170 a 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,
i
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 requested use variance is required to bring this project to fruition for this reason we believe this
request is warranted as it surpasses the threshold of being a mere inconvenience if denied
Commonwealth is overly excited about the op o�y to partner with the city of McHenry and believe
we're the most suitable development partner with the best parcel in town fora proposal of this nature.
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 site consists of a partially incinerated roller rank making. one's ability to yield ny sort return
ina ossible until proper action takes place. Under Commonwealth's Use Variance request, this can be
achieved through proper demolition/remediation allowing the site to be development ready yielding a
proper return.
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.
The former Roller Rink site has been on and off the market ftencrating.no traction with prospective buyers
for a commercial use building. For this reason. Commonwealth is requesting a Use Variation as the
likelihood is this site will remain idle if this request is not granted, We believe this is a greqLopportunity
to spark development in a stagnant area and increase cit 's taxes base for this parcel at little to no cost at
all on the city's behalf.
Public Hearing Application Packet Page 13 of 14
Page 108 of 144
4. Not Alter Local Character
The granting of the use variance will not alter the essential character of the locality nor substantially
impair enviromnental quality,property values, or public safety or welfare in the vicinity.
The granting of the requested variances will improve environmental quality as we will conduct a Phase 1
and Phase 2 if necessary to ensure site does not present any issues for the proposed development along
with the surrounding neighbors. If an environmental issue is identified, proper remediation will occur.
The projected 17 Million dollar development will Mr vide a significant increase to the cit 's tax base and
the adjacent property values. Lastly, the development will feature adequate exterior lighting smart k L-
fob technology_, while designed by professional architects/engineers to ensure safety for our tenants and
the entire community.
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.
The proposed rezone aligns with numerous objectives set forth in the city of McHenry's comprehensive
plan. For starters,the promotion of downtown housing, The subject site aligns with this policy as it is less
than a_mile from downtown and is in close proximity to existing services including but not limited to
grocery store restaurants, phagpacy, fire station bank place of worship and more. In addition the pareel
features 15 bus stops within a '/a mile aligning with the City's objective of supporting transit-oriented
developments. Lastly, the proposed development entails demolishing the partially incinerated roller rink
that sits on this site. Not only does this proposal align with the comprehensive 1p an's policy of
demolishing older abandoned structures, but more importantly, it removes the current eyesore from the
community to re lace it with a unique, state-of-the-art anti-monotony designed housing com lex.
Public Hearing Application Packet Page 14 of 14
Page 109 of 144
............................
o aaeurnwnRr
ti
neeT ocres.
�uo s �,.:?„r,
- i"
(,',b � � 1 fir, ;; �✓/�" �/, � �ro/,,r% //�i r r,%f
olDe� /IIJI
��';
XlWH
,/1� ,,,
,�
� �.
'".;//�, //, // yi17 � h�'✓v' y "err F ,. ,// �; ,:� ��/� ;�/��l r � if':�� /'
i—
IFr ff
,
r
m"W"m W
rf,,,,,f,f f JJr„«�rrr,,,,;fl
/ Vl%r
f
//
�'
, / ¢
/
r fii a
uNf-
NA �;,
., 'H . r/14
,^ �..
...
,, �1 � rill r/ r%/%// riiiiiiii n �r�l 4 ,,, ✓ i '
f ....
All
/. ,,,, IIIIIIIIIIIIIIIIIIII / o f ri / r,ii // iiiiii /r /,r ///�i%,•,; ��rrr/ ,/�,/ ti
/ x6
Paos P ELIMINA R
ywsaeR o SITE PLAN
<✓ / ,/;7,..
az
�, ,.,� ,,,,,.. i �/ .z�rx�ra as ,., , s ', „ ,r„ �i:.:i./�/.✓ r r/, ,.,;,,/, / / .( % .r/ /// ./�./%////l. /G,,, w9
—
/
a0
Page 110 of 144
...........
41
T� '='ITI�.Tl'PN
D —D
P" DIT.
T11-11 —11 L11 1 Nboo-1-
reEE
U�
I R—L TIE�D
QlEl——ILENIEl.. 11.1 1 11-E-Y IQI.E IEET IEI llEl �l—1 1-1-1E IE—El
.........................................
—.T. I TIE"'ll IIAP,,E I IINI
—1—E—ElUBITM-11 1-11 1 =:M'lf
IE-U-.,1--,I.EEI.N.UP.—--S,P1111-111D D-1.11.
-D 1—TEN —11) IE PLA-111 1.1
. ...'..N.
I.ao .IUITI U-1HT 11 11 ILL 11—El 11— I.E I 1I.N.—1E.11T�l 11
<LU
LU
,=11 I—D
I—E— 11-1 Y-1
N
"RAM,
G UJU I l\U
0 .l —EN.. 11
D_ D
0 E,
o
Z
<
H4 1 �
'7 11
�O
LANDSCAPE .L1.�..Og.....�
SITE PLAN
Page 111 of 144
os um law me luaa plj um um IN law uu me luw'u omm IN IN uul� low low 1110 I uul os I�me mm M ma low umm m IM uuluu •° a ''a I� mu W IMI ma t
uum mlwu 1 nnlo moll "nm g uuui uum mmi r�mu uw rfmu m l mif a �mm r�mu u� "! um mi emu. 111111111111111�mm r�mu uum umu mmi r�mu .C
NO i. Im•i �om I®low 'low low Im IM � low low .�� m um� me low wn � ma um lum low .I�I� •°� u �u •°� I�I� om M IN um •
uum uum ' limo limo (III mulm(III 11111111111111 moll tlmo III mil mmi IIIII hl mmi moll Ili m m, (IIIIIII nnl III Ii1, (IIIIIII.uum moo moll IIC' mhlalllllll uum : Ilmuu amm.�IIIIIaIl1 „m uum uum limo limo
IIIIIII IIIIIII Imi IN mlllll IIIIIII IIIIIII IN IN IIII�I1 IIIII�IIII "hl VIES Imi IN IIIIIII IIIIIII IMII Imi IIIIIII IIIIIII IIIIINIII Imi IIIIIII IIIIIII IIIIIII IIIIIII III IIIIIII Ioill oI
ME IN IN (I II � II WII P III ,M,E I IN IN !in 11 II IN MII IN IN I�I� IIm II�IR PHHm1
uum uum MI mI III° uuu ,Iwuu �mnll moll moll uum uum uumuum ilum moll mmI .Imlilm A uum uum nnlo I
m1 IN IN
III u° u% uul uul�I �u 'I IIu Ill III �� Ill u11 u11 Ill uI m1m I i a �uii Dui m m ��ICI
Ilum m¢IEll:llu m1 m1 - IEu Im•ml IIu IIu ul l ul .I uI uu 11111111111111 Elk IMi Immimi uu I m1 m1 III1��
mull wlu ��• III IV Iul ll�i7-Illl 11 mis iulMill� mlM iulM ';N in IVWI VVI'ul llM Iml�Im�ml'uN�m'Im "l mlMill�mlE in IN '„° '"; mlM M IN�mml iii IS Im�ul�ilu ulll� mu ml�ill�mu
uw E M E I�I� uu a 11111111111111 mml r�mu uo im uum uum r�mu mml w� �u mlM mlN IN
IN
luf.
----.°
nnlo mmu um Iua MEN!" um u. Iuw I� u u ma IN min u •ma ma.... "
IIIIIII IIIIIII I�■IIIII MIA
IIIIIII umu moll IIIIIIIuum iuuu IIIIIIIuum iuuu mmi mml .."i I�.,„,„,„,„,„,„,„,„.II � � mI uuuu.IIIIIII mn IIIIIII IIIIIII mn
mM Imp a mmuo NONE
III IIII�iII m1lu lmmml l H IIII�iII mI m11111 l IN Imml III IIII�iII 10 mmu II lip I Im1lll mml lmmml mill m11111 H 1111111 11111111111111111 W 111111111(II 1111
�..m . .............
uim � ...0 .—Nola m"' in um ma um low low p I��p in um in um low low =-10 I�" um IN Ills I• ^-:MIN" M uw I�Ills
millmml wu om" "' 11111111111111, IN uum mmi mml III' 11111111111111, uumuum ilum moll mmo 11111111111111 mmi mmlmml uum uumill
mml mml
IN In luc...m m..mm..mm..mmu um u• ma um lue Ills a ..mm..mm..mmu um um um M low low um IM„� Mum low low urn I� mn um low low m
uuu mill mml wu m .�' 11111111111111. uuuu uum moll mml p�' .� yum uum uum uum moll mmo ,uum uum mmi mmlwml uum umu wml mml
1 " ® iiw
min N m N N I m min N N N N mmum IN1111 alp m1111 ml•1111 ol•u
m uuuu uuum 11111111111111111 uuuu uuum uuuu uuuu uuuu uuuu 11111111111111111 mmu uuuu uuuu uuuu
/ f /
1
/ J /
/
/ /
/
a / /
/
or /
o /
i
i
J
a
o"
ri
t
r
o �II1Jl
FRONTDOMAIN
914 z
sir y''
�iU�SUGN,II�C.
Page 113 of 144
September 28, 2021
McHenry City Hall
333S Green St.
McHenry, IL 60050
Re: Public Hearing Application—914 Front Street
To Whom It May Concern,
1, Wade Cepulis (Trustee/seller), authorize Commonwealth Development Corporation of
America (buyer) to submit a public hearing application for the property located at 914 Front
Street, McHenry, IL 60050. (Parcel#s 09-35-105-001)
If you require any further information, feel free to contact me via email at wcepulis@icloud.cOm
With appreciation,
Wade Cepulis t
11,2�12A Z
Page 114 of 144
Adjacent Property Owners
Owner Mail to Address
RUBINO II LLC 1515 W RIVER TERRACE DR,JOHNSBURG, IL 60051
MW ME OHALLERAN 915 CENTER ST, MCHENRY,IL 60050
R C M J TR 2012 1 BECKER 3108 CHARLOTTE AVE, MCHENRY, IL 600505827
CHGO TITLE LAND TR CO TR 2264 B8000226456 10 S LASALLE ST STE 2750,CHICAGO,IL 60603
ALTHOFFS GAS SVC INC 8001 S IL RT 31,CRYSTAL LAKE,IL 600148184
PADOVA PROP LLC 909 SERIES 1427 DUNHEATH DR, INVERNESS, IL 60010
BAGGIO PROP LLC AUTO CENTER 3860 VALLEY VIEW RD, PRAIRIE GROVE, IL 60012
Page 115 of 144
Staff Report for the City of McHenry Planning & Zoning Commission
Petition: Z-998 Hearing Date: October 20, 2021
Applicant: Northpointe Development Site Information: The site consists of 2.91
Corporation of 230 Ohio Street, Suite 200, acres, more or less, and is located on the east
Oshkosh, WI 54902 ("Contract Purchaser") corner of the intersection of Mill Street and
Crystal Lake Road, with a common address of
Request: Preliminary Plan Approval for a 812 N. Mill Street, McHenry, IL 60050 ("Subject
Planned Multifamily Integrated Design District Property").
Development.
Zoning: 1-1 Industrial District
Future Land Use Designation: Commercial
Aerial
Nip/,
'gyp 4
100 200 Feet
Page 116 of 144
Zoning Map
Zoning Districts
E Estate
RS-1 Low Density SFR
RS-1A Medium Low Density SFR
RS-2 Medium Density SFR
RS-3 Medium High Desnity SFR
RS-4 High Density SFR
RA-1 Attached Residential
RM-1 Low Density Multi-Family ily
RM-2 High Density Multi-family
ISO
Mu Mixed use
C-1 Convenience Commercial
.
ri
C-2 Neighborhood Commercial
C
' -
-3 Community Commercial
/
C-4 Downtown Commercial
C-5 Highway Commercial
BP Business Park
ARM-2 I-1 Industrial
0-1 Local Office
0-2 Office Park
IDD Integrated Design
es:Es i, �ni� w�O, NOAA,US HC Health Care
/ s Open n tarn,V,19 the I
RM-2 0 500 1,000 Fee A-M Agriculture and Mining Overlay
1 A-1 Agriculture
Zoning Ordinance Definitions Zoning Designation
I-1 Industrial District - This district is intended to provide primarily for to I-1 Industrial District
nuisance industrial uses that are compatible with a residential community
but also to allow, after special review, heavier industrial facilities that can
meet suitable environmental performance standards.
Integrated Design District - is to encourage innovative design in the
development of land by providing relief from rigid zoning and subdivision Adjacent Zoning & Land Use
standards, which are designed for conventional developments and may
inhibit creative land planning. In order to receive such relief, a
development must incorporate innovative design techniques that protect North: I-1 Industrial, Commercial
and enhance the City's natural and manmade resources, such as streams Warehousing
and watercourses, wetlands, native vegetation, groundwater recharge South: RS-4 High Density Single
areas, mature tree stands, view sheds, historical character and the like. Family Residential
The IDD requires that a site's unique environmental features, which may
be removed or otherwise altered in the course of traditional land East: C-4 Downtown Commercial,
development, be integrated into the overall design of a project, and Vacant/Metra Parking Lot
protected through the use of covenants and long term maintenance West: C-5 Highway Commercial
agreements. The IDD also encourages multiple land uses where (Office Space), RS-3 Medium
appropriate, as part of a unified development strategy to reduce High Density Single Family
impervious surfaces and reduce the dependency on the automobile. Residential (City Park)
Page 117 of 144
City of McHenry Future Land Use Map
Future Land Use
Vlro n Low tensity Estate Residential
Cor Residential Low Density Residential
water _ Medium-Density Residential
""Parks and m y a High-Denisty Residential
Conservati In , �, �' //�f Integrated Design District
Area -', Industrial
Business Park
Commercial
Office
Municipal
Institutional
011/111
Parks and Conservation Area
Agricultural
cu ura� v °
�o�,i�///� �, / i❑i i/ i� , ' Environmental Corridors
Other
VX
of//��ii
Mixed-Use
'ediurn-D
Historic Downtown
Residential,� ❑�' � / / /�;'� 1, Residential
,,, ,,,,,,,,,,,,, UM Dog Park
Source��E �IOAAi�I GS,
/ r Environmental -Wetlands
c)C'penS ree Map�pn for i nd the GI5
� Neighborhood Commercial
500 1,000 Feelf
, ,a/
,,,,�,%,,/,,%,; IIIIUlIlU111111 VFW
Comprehensive Plan Text Future Land Use MapDesignation
Land Use Commercial
❑ Objective: "Encourage planned, high quality growth throughout the
City." (p. 27) Adjacent Future Land Use
❑ Policy: "Encourage redevelopment of older commercial areas by
adopting Sub-Area Plans or working through the different sections of the
Plan to help facilitate the development." (p. 27) North: Commercial
❑ Policy: "Promote the Integrated Design District land use for unique or South: Medium-Density Residential
urban properties in the City." (p. 27) East: Commercial
❑ Policy: "Promote high-density residential only in areas where West: Parks/Conservation, Medium-
transportation services exist to facilitate the efficient movement from Density Residential
home to work or services for the residents." (p. 28)
❑ Policy: "Encourage IDD land use and zoning to facilitate the
completion of multi-use projects located on urban sites." (p. 29)
Transportation
❑ Policy: "Avoid creating through traffic on local streets" (p. 41)
Page 118 of 144
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, Northpointe Development Corporation (Contract Purchaser), is proposing to construct a 54-
unit planned multifamily integrated design district development at 812 N Mill Street called Taylor Place
Apartments. To accommodate the proposed development, the petitioner is requesting Preliminary Plan
approval prior to submitting their Final Plans. Upon completion, the proposed development will consist of:
• A new three-story, forty-six-unit (46) apartment building.
• A new two-story, four-unit (4) townhome building.
• An adaptively reused, two-story, four-unit (4) townhome building (Identified as the beige building).
• An adaptively reused, one-story, community room building featuring a fitness room, leasing office, and
common space.
The developer will be applying for the Illinois Housing Development Authority's Low Income Housing Tax
Credit (LIHTC) to construct the development. This program requires developers to set aside all units for
residents earning 30-80 percent or less of the prevailing McHenry County Area Median Income (AMI).
CITYOF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Development Review, listed in §11-11-5 of the City
of McHenry Zoning Ordinance.
STAFF ANALYSIS
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use Map recommends commercial use of the property. The proposed use of the property for
multifamily is not consistent with the Future Land Use Map recommendation. The subject property is within
the Main Street Sub-Area Plan boundaries. The plan identifies the future land use of the project area as mixed
use commercial and residential. The proposed development is somewhat consistent with this
recommendation.
CURRENT LAND USEAND ZONING
The subject property is currently zoned 1-1 Industrial District and has been utilized for commercial
warehousing and storage. The primary concern for the proposed development is traffic impact and how the
proposed use will blend in with the surrounding properties. The subject property, also known as the historic
mill or Hanly's Mill, was first constructed in the 1870s. The single-family residential subdivision to the south
was plated in 1893. For the past 120+years, an industrial use has located next to the existing residential
neighborhood. The proposed multifamily development would be considered a less intense use compared to
industrial.
Page 119 of 144
i
f
u I
r ,Mx� £ �C,>. R"ne"�' I� o�.i a'fdf1�Vn�LN •,.M kFm � "!,,.•
N
CL
m a W h
, a ^P u � � o-
a M1"OyM
axn0 u
ru
N
w.
w-
u
y v„
rNh
� I
M
,,
,y •° pM
o; r'
My c�M1 W k��
h"
^ �� P J
� W MM 01
Y n40,
n „
�+,� �M nS„m,nwJr�•�iMaAY�.�,£Jy'�n, W�nvM,Y.:S.^. �A� oN,n No I� ,,� �a +^"
M1 W uI41A. axe, jwewM' ib rW,FY-'F s wt.L
Nj�t v..� ,c,v-rcmwc ,o a.
��°� ��,�.«•�i rwxN.�,., �sJh^�. �'y-emu, h�;,^.wr�S��M1���.���y�,�„,w+�^r`w"�
eu
M`✓<k ;k-�k, �»r�xn �."� sV�,�A �B"J�^11�P.u, �.�7a, e��.a,.�:a�v,�,Mtin,.��ra.t�-.�,;��,„:�.rr,?�+w�; 4 '✓�c 41Gw
jaidf,��C
�'� � nwu�: .'��, '�4,.4, �5, "".ds� �+.ru;u •4 rC�, a �d. r�P.u� vu°�s.+F,� � �rmrarnus, �b,++tM
Iwlz-d,1, ,�.v, a oh.rN_u�,Nu 1. aw�,x,*yoa✓^s-'r ll�."+.K �, ��..kw,w AW w,�n Y,a• �,,t#�t.,�.
de
�9���+.dC�,a r.AJ"' � �w,o✓^1
u?a�"w�.rtarµ4�913�
UGC
Page 120 of 144
COMPREHENSIVE PLAN OBJECTIVESAND POLICIES
Overall, staff believes the proposed development is consistent with the City's Comprehensive Plan objectives
and policies and the Main Street Subarea Plan Goals and Objectives. Staff comments italicized.
Land Use
• Policy: "Promote the Integrated Design District land use for unique or urban properties in the City." (p.
27)
The petitioner is proposing to preserve the historic mill building which was a wood mill in the 1870s and
then later the home of Taylor Made Golf. With multiple buildings, the Integrated Design District is
appropriate to accommodate the adaptive repurpose of the existing mill structure with the added
multifamily housing.
• Policy: "Encourage redevelopment of older commercial areas by adopting Sub-Area Plans or working
through the different sections of the Plan to help facilitate the development." (p. 27)
The subject property is located within the Main Street Sub-Area Plan.
• Policy: "Promote high-density residential only in areas where transportation services exist to facilitate
the efficient movement from home to work or services for the residents." (p. 28)
The property is adjacent to the Metra Station and would be considered a transit-oriented
development'.
• Policy: "Encourage IDD land use and zoning to facilitate the completion of multi-use projects located
on urban sites." (p. 29)
The developer is proposing to construct a new 46-unit apartment building, adaptively reuse the historic
mill site by converting it into 2, 4-unit townhome buildings with amenities and construct a new 4-unit
townhome building. With multiple buildings, staff believes the proposed IDD development is
appropriate.
Transportation
• Policy: "Avoid creating through traffic on local streets." (p. 41)
The proposed access on Mill Street would create through traffic on local streets. However, these access
points are required for the internal circulation of emergency vehicles. It is also important to note the
location is within walking distance of the Metro Station and many downtown amenities. This proximity
has the added benefit of reducing trip generation.
The residential subdivision to the south of the subject property was plated in 1893. Cars weren't
accessible to the workforce until after the 1920s post-WW1. As such, the layout and design of roadways
for single-occupancy vehicles wasn't a design priority because most didn't know they needed to be. The
functional classification systemz (arterials, collectors, local roads, etc.) wasn't created by the Federal
Highway Administration until 1973 and then later nationally adopted to be consistent with the states in
1995. The existing layout of the roadway is the some today as it was back in 1893.
According to the Institute of Transportation Engineers (ITE), during peak PM hours (4-6PM), suburban
low-rise apartments/townhomes generate approximately 0.56 trips per unit. This equates to 30.24 cars
between 4-6PM (15.12 cars/hour). Staff does not believe the proposed development would have a
significant impact on the adjacent neighborhood.
1 Transit Oriented Developments are typically within walking distance of a train station which equates to approximately 0.25-0.5
miles.
Z Functional classification is the process by which streets and highways are grouped into classes according to the character of service
they are intended to provide.h.ttp.;.// _:.. r w._.-cn.e_n../ca.. loads 20�0 03 ODOC-NN�nr -Funtional-classification- aide. df
Page 121 of 144
Main Street Subarea Plan—Overall Goal: "The goal of the Main Street Sub-Area Plan is to provide guidelines
that will foster redevelopment of the area into a mixed-use and pedestrian-friendly neighborhood, taking
advantage of public transportation options, while maintaining the existing historical integrity of the sub-area."
(p. 12)
Overall, staff believes the proposed development is consistent with the plan of the Main Street Subarea. Being
located within one of the more historic areas, the Commission should provide feedback on the proposed
building elevations and small site details to complement the character of the downtown.
Main Street Subarea Plan—Land Use Objectives and Policies
• "Promote high-density residential development in the area near the Metra station." (p. 12)
The proposed development is in conformance with the Main Street Plan recommendation.
• "Minimize impacts of existing and new development on older established residential neighborhoods."
(p. 12)
The petitioner is proposing two full access points off Mill Street with an additional full access on Main
Street. The residential subdivision to the south of the subject property is the Hanly's 15r and 2,d Addition
to West McHenry Subdivision that was originally plated in 1893. The Mill itself was built around 1870.
Based on the estimated traffic generated during peak hours, staff does not believe the proposed use
would have a significant impact on the existing neighborhood.
• "As existing industrial uses west of the railroad tracks turn over or relocate, development of these sites
should be mixed-use with non-residential on first floor and residential on remaining floors, with
potential of having underground parking." (p. 14)
The proposed development is somewhat consistent with this recommendation; however, there is no
commercial use proposed on the first floor of the development.
• "Maintain historic Mill building as commercial/office property." (p. 18)
The proposed development is somewhat consistent with this recommendation. The Mill is being
adaptively repurposed into a two-story, 4-unit, townhouse with a community space in the red brick
building.
SITE PLAN ANALYSIS
Overall, the proposed site plan is mostly consistent with the City's Zoning Ordinance Requirements. See below
staff comments for various site elements.
• Parking. The petitioner is proposed a total of 110 parking spaces in lieu of the required 131 spaces. As
noted in the Authentix Development, the City's Parking Ordinance requirements are excessive in
comparison to other municipalities. Staff is comfortable with the proposed parking composition.
However, the petitioner will most likely be revising their site plan to incorporate additional green space
at the request of City Council. This may result in a reduction in parking.
Multifamily Apartments
Required Parking # units Required Spaces
Total
Studio 1.5 0 0
1 2 22 44
2 2.33 11
25.63
Page 122 of 144
3 2.33 13 30.29
99.92
Townhomes
Required Parking # units Required Spaces
Total
Studio 1.5 0
1 2 2 4
2 2.33 2
4.66
3 2.33 4
9.32
Total Spaces 17.98
Total Required
Visitor Parking 13.5
Total Required
Resident Parking 117.9
Total Residential and
Visitor Parking 131.4
Proposed Parking 110
Proposed Spaces/
Dwelling Unit 2.037037037
• Landscaping & Screening. The petitioner has provided a preliminary landscape plan for the
Commission's review. Much of the existing site is covered in impervious surface. Staff believes the
proposed landscaping will be a significant improvement to the site. The petitioner is also proposing to
preserve the existing mature trees along Mill Street. Staff will be recommending a tree survey prior to
their final submittal.
• Density, Bulk, and Setback Information.The petitioner is proposing approximately 54 units on 2.9
acres which equates to 18.6 dwelling units per acre. The most recent downtown development was on
Green Street with the River Place Apartments which contains 27 dwelling units on a 1.02-acre site (26
dwelling units per acre). The C-4 Downtown Business District allows development to build to the
property line. The developer is proposing a 25-foot setback along Mill Street.
• Pedestrian Circulation. Currently, there are no sidewalks proposed on Mill Street. Staff is
recommending the petitioners provide sidewalk in the right of way along with curb. Staff is also
recommending the petitioners provide a tree survey when they return for their final submittal. The
developer should attempt to preserve the existing trees to the greatest extent possible.
Page 123 of 144
STAFF RECOMMENDATION & MOTION
In summary, staff believes the proposed use in substantial conformance with the objectives and goals of the
City's Comprehensive Plan and Development Policies including the Main Street Subarea Plan. Located within
the historic downtown area, staff believes the proposed architectural details would blend in with the
surrounding properties. Staff does not believe the proposed development would create any adverse impacts
and would be a less intense use than the existing Industrial Zoning. Staff does not object to the petitioner's
request and recommends approval subject to appropriate conditions.
If the Planning& Zoning Commission agrees with staff's assessment, then the following motion is
recommended:
MOTION: A motion to recommend approval of a Preliminary Plan for a Multifamily Integrated Design District
Development subject to the following conditions:
1. The petitioner shall provide a tree survey of the site.
2. The petitioner shall revise the site plan to include a sidewalk and curb along Mill Street.
3. The petitioner shall preserve the existing trees along Mill Street to the greatest extent possible.
AND by making said motion, you agree the Approval Criteria for Development Review has been met as
outlined in the Staff Report.
APPROVAL CRITERIA FOR DEVELOPMENT REVIEW(§11-11-5).Staff comments italicized below.
A. In what respects is the proposed plan consistent with the City's Comprehensive Plan and the stated
purpose and intent of the IDD regulations?
Staff believes the proposed plan is consistent with the Comprehensive Plan and the Intent of the IDD
regulations. The Main Street Subarea plan identifies the area as being mixed use residential and
commercial in addition to increasing density near the Metro Station. Staff believes the proposed
development is consistent with the plan. The Main Street Subarea Plan also identifies the historic
preservation and adaptive re-use of the space as office. The petitioner is proposing to utilize the front
building as a community space with the conversion of the Mill structure to a 4-unit townhouse. Staff
believes this is consistent with the Main Street Subarea Plan.
B. To what extent does the proposed plan depart from the requirements of the City's Zoning and
Subdivision Control and Development Ordinances that are otherwise applicable to the property,
including, but not limited to: density, bulk regulations and uses and the reasons why such departures
are deemed to be in the public interest and/or as a result of the physical topography of the property
and other circumstances unique to the property and not solely in the interest of the developer?
The City of McHenry's Parking Ordinance in comparison to other municipalities is excessive and needs
to be amended to reflect modern trends. Requiring excess parking only adds to the amount of
impervious surface and less green space. Staff believes the proposed amount of parking is adequate to
service the development.
C. To what extent and what accommodations are made for the unique topographical and/or
environmental features of the property, how are they incorporated into the overall development
and design of the property and management plan for the property, while preserving and maintaining
the integrity and character of those features and using them for the overall benefit of the public?
The petitioner is proposing to preserve the historic mill building by adaptively repurposing the site into
residential townhomes and a community space. Staff believes this is a unique cultural feature of the
property and that its preservation is important to the City of McHenry.
Page 124 of 144
D. To what extent does the proposed plan provide adequate control for vehicular traffic and pedestrian
circulation, accommodation for and protection of designated open space and further the amenities
of light, air, recreation and visual enjoyment?
Located within the downtown and adjacent to Fort McHenry, Prairie Path, and Metro Station, staff
believes the proposed development is consistent with a transit-oriented development. Staff estimates
the project will generate approximately 15 cars per hour during peak hour traffic. Staff does not believe
this will generate a significant impact on the surrounding properties.
E. Does the plan provide appropriate street connectivity and functional connection among buildings
within the development, such as pedestrian connections, that promote the public interest and
enhance the quality of life of persons within the development?
The petitioner is providing a sidewalk and green space within the development. Staff is also
recommending a condition of approval for the installation of sidewalk along Mill Street while preserving
the existing mature trees to provide a more pleasant pedestrian experience.
F. Is there a continuity of scale amongst the buildings to promote visual enjoyment, while maintaining
maximum sunlight exposure?
Staff believes there is a continuity of scale amongst the structure to promote visual enjoyment, while
maintaining maximum sunlight exposure.
G. The relationship and compatibility of the proposed plan to the adjacent properties.
The developer is incorporating the existing historic mill building into the development. The development
is also adjacent to the Metro Station which would classify the development as a transit-oriented
development. Staff also believes the traffic generated from the site to have minimal impact on the
adjacent single-family homes. The site is approximately 5 feet lower than the adjacent single family
homes which allows more privacy for the adjacent single family residences.
H. The desirability of the proposed plan with regard to physical development, tax base and economic
well being of the City.
The City of McHenry has long desired to revitalize the area west of the Metro Station. Industrial Use is
not compatible with a downtown setting and a transit-oriented development would only help to
improve the City's chances of increasing the level of train service.
I. The desirability of the proposed plan with regard to the burden placed on City services and facilities
in relation to the public benefits that will be realized after the development of the property,
including, but not limited to: sewer,water, fire, police, schools, roads and making adequate
provision for those public services.
Staff believes the plan is highly desirable and the public benefit received outweighs any burden on
public services.
J. Is the plan in conformance with existing Federal, State and other local regulations?
Staff believes the proposed development is in conformance with all existing Federal, State and local
regulations.
Attachments:
• Petitioner's Application and attachments
• Receipt of publication of legal notice
Page 125 of 144
Northpointe Development
III o Illincorne III lousiingTax Credit (111 1111111 1 C) expeirierice
Our team is uniquely experienced working in the areas of new
construction family and senior multi-family housing, historic
rehabilitation, and commercial development throughout the mid-
west.
• Northpointe envisions vibrant communities that strengthen
neighborhoods, enhance livelihoods, respond to the
environment, and connect people and places. The company's
mission is to provide sustainable housing for communities in a
collaborative, honest, and transparent manner. Northpointe has
a great reputation with the communities where we've developed
housin- Northpointe is one of Wisconsin's Housing Finance
Authorities largest and longest-standing customers, consistently receiving the highest developer team score
possible for a for-profit developer. 100% of the Housing Credit awards received by Northpointe have moved
forward into quality housing developments. Northpointe and its principals have the capacity to successfully
complete the project as well as secure market to above market equity pricing.
Northpointe has maintained a reputation for creative problem solving. We have received numerous awards for
our ability to re-think spaces and places- including:
2013 Top Projects Award Milwaukee
2015 National Historic Preservation Award
2014 Runner-Up for J. Timothy Anderson National Award for Excellence
2017 Wisconsin Trust for Historic Preservation Award
2019 Remarkable Milwaukee Award
2019 Carolyn Kellogg Historic Preservation Award
Most of our portfolio utilizes the various Housing Tax Credit programs as well as other available resources
including Home, TIF, Brownfield Grants, Federal and State Historic Credits. A significant number of our
developments have required us to connect with government entities, including the Department of Natural
Resources, HUD, lHDA, WHEDA, WEDC, the Federal Energy Regulatory Commission. Our team also has
previous experience working on Choice Neighborhood and NMTC projects.
Northpointe Development has made equity and inclusion work a top priority in recent years. Our work is
highlighted by our partnerships with DreannLane Real Estate Group, minority-managed non-profit
organizations such as Housing Opportunity Developrnent Corporation, and our continual push for the
inclusion of MBE/WBE/DBE construction sub-contractors.
Page 126 of 144
III��TC III::.::-'XIP III INC III:
m�N� � *�N�N� *�m�°��� ����N� ����N�
���� Nv������ ��������v������»������
L|HTCAVVARDS UNITS IN DEVELOPMENT
The table below summarizes some of our Housing Tax Credit work:
Northpointe Experience = Total project costs Year Completed
The Rivers Senior Living 00 $8,231,087 2011
24
Bayside Senior Living $3,324,730 2011
Kenwood Senior Living 24 $3,513,290 2012
Fair Acre Tnvvnhnmes 55 $8,730,209 2012
The Fountains of West Allis 35 $3,324,333 2012
Blackstone Cottages 24 $3,840,938 2013
Oconomowoc School 55 $10,798,685 2013
Nicu|etTovvnhonnes 00 $9,403,304 2014
Anthem 80 $8,033,073 2015
Mercantile Lofts 30 $8,676,974 2016
The Rivers || Senior Living 40 $6,205,802 2016
Shoe Factory Lofts 55 $11,707,591 2018
Woolen Mills Lofts OO $15,077,712 2017
8ayshoreTnvvnhomes 32 $5,722,857 2017
Century Building 44 $13,003,778 2018
Whispering Echoes 28 $5,054,224 2018
Cranberry Woods 40 $0,843,913 2018
Regency Place 40 $7,030,009 2019
Arbor Terrace 40 $7,168,527 2020
Crescent Lofts 09 $18,676,852 2021
City Center 40 $7,701,249 2021
Page 1z7m144
NORTHPOINTE
IF DEVELOPMENT CORPORATION
Callan Schultz
Cal lain Schultz !is a founder and 1pairtineir of Il th IKeystoine aln II irt1hpolinte
IDevellopment, he has been active in the development of multi-family housing since 1999. Cal formed
Keystone Development, LLC in 1999 and later started Northpointe Development with Andy Dumke in
2011. Throughout his career, he has built over 3,500 units of multi-family housing throughout the states of
Wisconsin, Michigan, Ohio, and Iowa.
Andrew Durnke
In 'Ire Duirnlke iiis a founder and 1pairtineir of II th A111111aince and INoirthlipollinte
Ill evellopment, he has been active in many aspects of the real estate industry since 1993. Andy spent
most of his career developing commercial real estate with Alliance Development—Andy expanded his
portfolio to multi-family with the establishment of Northpointe Development. Andy has found great
synergies between the sectors—specifically when it comes to master development planning and
collaborating with municipalities.
Alliance Development has developed over$200mm in real estate. Samples of nationally accredited
tenants are Starbucks, Panera, Fed EX/Kinkos, TJ Maxx, US Cellular, Verizon, Chipotle, Baker Tilly, and
Old National an . With a portfolio of over 1,000,000 square feet, Andy is involved with multi-family
apartments, commercial office buildings, warehouse buildings, and retail centers.
Sean O'Brien
Sean 01131rlien IIIs a 1pairtineir of Noirthlipolinte IDev ell opment, he has been involved with housing
and community development for over 15 years. Prior to Northpointe, Sean worked at the Wisconsin
Housing and Economic Development Authority (WHEDA)for 14 years. The last 6 years of which he was
the Director of Commercial Lending. As Director, Sean led the development of Wisconsin's Affordable
Housing Policy and allocation of the Low-income Housing Tax Credit Program. In 2018, the Commercial
Lending team implemented the State Housing Tax Credit Program which allowed WHEDA to allocate a
new credit that creates or preserves at least a thousand affordable homes annually. For four years, Sean
served on the Community Investment Advisory Council for the Federal Home Loan Bank of Chicago.
Jake Victor
Dale Victor iiis Vice Ilfllreslident of 11I)evellopment -for IIIoirt1hpollinte IIDevellopment, he
began his career at WHEDA. Jake was tasked with allocating the state's Housing Tax Credit programs,
originating multifamily loans, and overseeing Wisconsin's National Housing Trust Fund Program. Jake
successfully originated over$140mm in lending activity (14 developments)for affordable housing and was
deeply involved with more than 30 LIHTC transactions.
Page 128 of 144
Master Developer Experience
Marion Road Oshkosh W � '
The Rivers- 60 Unit Senior Affordable
The Rivers ll-40 Unit Senior Affordable ` �
Anthem Lofts-80 Unit Market Rater
i Yp PoxW ,.,qy �dhPrytl(R({(r� �p
rys:,udr,.a�aawu
P,r°rr
d � - mwwwww�ma
a
. n V
�f Pflir
dreg
In 2008, the City of Oshkosh chose to work with Northpointe Development to redevelop a
severely contaminated industrial manufacturing site along the Fox River. Once a home to
Mercury Marine Manufacturing Plant is now has a vibrant River Walk and three housing
developments. Northpointe developed all three buildings containing a total of 180 units,two of
which are senior affordable properties and one market rate property. These developments
have been catalytic for additional redevelopment on surrounding parcels.
Page 129 of 144
/
,,,,, Ilulrlpl�l��llll�lll I � /o
•I.
pp � Iti I
ll,
mi?m�r�i�` 1 ✓� I/ <i`n�`„ate„� //
Y�rr
�uaow
11 r �"np tail �„ ✓, r. � ,
Irri
VI!
l� a ' ✓f(�f ��� ��U luny �/
�r
rl
+ i
I
Nicolett Townhomes
60 Units- Family Housing
1380 Scheuring Road, DePere, WI
Nicolet Townhomes is a 60-unit family LIHTC property that was completed in 2014. Located
within walking distance to retail, banking, and restaurants. The townhome development offers
one, two, and three-bedrooms with individual enterances, attached garages, central air
conditioning, washer/dryer, free wifi, and stainless steel appliances. The property has an on-site
office, community room and fitness center.
Page 130 of 144
/
i
i
f
i
,
/
� II
a
�a
io
aann��
, F
000 "I
y
i
A
r
n ON
x
Y'
Blackstone Harbor Apartments
24 Units- Family Housing
10525 Judith Blazer Drive, Sister Bay, WI
Nicolet Townhomes is a 24-unit family LIHTC property that was completed in 2013. Located in
the heart of Door County the unique single-story development offers one, two and three
bedrooms with individual enterances, attached garages, central air conditioning, washer/dryer,
free wifi, and stainless steel appliances. The property has on-site office, community room and
fitness center.
Page 131 of 144
f
r j j
2 �'OUYL°,r
„ T�1GnP "a
MERCANTILE LOFTS
36 Units Market Rate/Office/Commercial
611 West National Avenue, Milwaukee, WI
Mercantile Lofts is a 36-unit apartment property with office and commercial on the first floor
completed in 2016. The building was originally construction in 1901 as a department store and
was redeveloped under the historic guidelines of the National Parks Service. The tall ceilings
and polished concrete floors were preserved and incorporated in the apartments. The famous
Mural of Peace was also preserved and restored. WHEDA's Milwaukee office is currently
located in the building.
Page 132 of 144
l'
i
1,
J,
M � ,
ry
Woolen Mills Lofts
60 Units- Family Housing
218 E. South Island St., Appleton, WI
Woolen Mills Lofts is a 60-unit family LIHTC property completed in 2017. The factory building
which was originally construction in phases between 1893-1962 was redeveloped under the
historic guidelines of the National Parks Service into one, two, and three-bedroom units. The
exposed brick walls, hardwood ceiling, steel girders, and large exterior windows were preserved
and restored.
Page 133 of 144
FORM A
File Number
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
1. Name of Applicant
Northpointe Development Corporation
230 Ohio Street Suite 200 Oshkosh, WI 54902
Contact:Jake Victor
Fax: (920) 230—3628
Phone: (920) 230—6485
Jake@ NorthpointeDev.com
2. Name of Property Owner
Althoff&Associates, Ltd. (Represented by Jack Minero, contact info below)
330 W. Virginia Street Crystal Lake, IL 60014
(815) 382—9728
Contact:Jack Minero
jminero@starckrealtors.com
3. Name of Engineer
Vierbicher Associates, Inc.
999 Fourier Drive, Suite 201. Madison, WI 53717
(608) 821-3947
Contact:Justin Zampardi
jzam@vierbicher.com
4. Name of Attorney
Hirschberg Law, LLC
601 Oregon Street, Suite A Oshkosh, WI 54902
Contact:Jason J. Hirschberg
Fax: (920)—744—0102
Phone: (920) 267—5780
Jason@hirschberglaw.com
5. Common Address or Location of Property
Land assemblage at W. Crystal Lake Rd. / Mill Street Assemblage (Parcels: 09-34-228-002, 09-27-480-
005, 09-27-480-006, 09-27-480-001)
6. Requested Action
Zoning Map Amendment(Re-zoning) from I-1 Industrial District to Integrated Design District(IDD),
and Conditional Use Permit for an Integrated Design District Planned Multifamily Development
Page 134 of 144
FORM A
NARRATIVE
Northpointe Development and Housing Opportunity Development Corporation("Developer") are
proposing the new construction and adaptive reuse of Taylor Place Apartments, a fifty-four-unit Section
42 Housing Tax Credit("LIHTC") multi-family rental housing development located in the City of
McHenry, Illinois. More specifically, the subject site is comprised of several adjoining parcels currently
improved by Office and Warehouse buildings located at 812 N Mill St, McHenry, IL 60050 and 4103 W
Crystal Lake Rd, McHenry, IL 60050.Parcel Numbers and Legal Descriptions are attached.
Upon completion,the proposed Taylor Place Apartments will consist of:
• A new construction, three-story, forty-six-unit apartment building
• A new construction, two-story, four-unit townhome building
• An adaptively reused, two-story, four-unit townhome building(Identified as the beige building)
• An adaptively reused, one-story, community room building featuring a fitness room, leasing
office, and common space
Units will be marketed towards residents of all ages. Common spaces will include a playground and
community garden. The property will also feature 24 garages spaces.
The Developer proposes to set aside all units for residents earning 30-80 percent or less of the prevailing
McHenry County Area Median Income ("AMI")using an allocation of Section 42 LIHTCs from the
Illinois Housing Development Authority's ("IHDA's") rental housing tax credit program. Most units will
be marketed towards individuals earning 50-80% of AMI.
Most of the subject site is rectangular in shape and flat in topography. The subject site is bordered by a
variety of uses, including:
North: Commercial/Industrial Uses
East: Metra Rail; Multi-Family Housing
South: Single Family Housing
West: Commercial Uses and Fort McHenry
Page 135 of 144
FORM A
A-12,vro-priate Use oflntegrated Design District a D�
A Zoning Map Amendment to the Integrated Design District(1DD) is being requested. In meeting with
City Staff, Council Members, and based of a productive neighborhood meeting—several important
considerations have been raised. Emphasis was placed on the site's landscaping, the adaptive reuse of the
two well-preserved historic buildings, and mitigating the traffic impact of the proposal. IDD zoning
allows the flexibility necessary for Northpointe Development to develop the site in a manner that respects
these priorities.
Based upon Northpointe's extensive experience in multi-family housing, the development team was
comfortable in reducing the number of parking stalls beyond what is typically required per city
ordinances to provide additional landscaping features. The plan carefully considered both vehicular and
pedestrian connectivity,providing ingress/egress on both Main Street and N. Mill Street as well as
significant investment in sidewalks that connect both the multiple buildings and landscaping spaces
provided throughout the property. Architectural features were selected in a manner that conforms with the
overall character of existing residential uses—both multi- and single- family housing directly adjacent to
the site. Building placement was determined to maximize the capture of sunlight and mitigate the impact
of commercial uses on future residents and on adjacent long-term homeowners. Units and amenities were
purposely placed to provide accommodation for light, air, recreation, and visual enjoyment.
The re-development of the proposed site has been identified by City Staff as a priority with the
expectation that higher density residential housing off Main Street could serve as a catalyst for additional
economic growth. In conversations with Metra,the city indicated that adding additional residential
housing in the area may result in future improvements to the existing public transportation system.
With 54 units, there is an expected impact on City services and facilities. This is mitigated through the
generated tax base from the site's redevelopment, future spending of residents, and future economic
development generated.
This plan will confirm with existing Federal, State, and local regulations.
The proposed plan departs from the City's Zoning and Subdivision Control and Development Ordinances
as defined below:
• Parking: An exception to the Parking Ordinance is being requested as outlined below to
accommodate additional landscaping space as requested by City Council members and adjacent
neighbors. Based on the decade long experience of Northpointe Development, the nature of the
development does not require the typical parking ratio outlined in the ordinance. This is in large
part due to the easily accessible public transportation system.
Ordinance Required Per Unit Stalls Required
1 Bedroom 2.00 48
2 Bedroom 2.33 70
Parking Ordinance requires 118 parking stalls or 2.19 stalls/unit. The petitioner is requesting an
exception to provide the development with 100 parking stalls or 1.85 parking stalls/unit.
• Landscaping and Screening: The proposed plan will adhere to and likely exceed the requirements
of all landscaping and screening ordinances
• Subdivision Ordinance: No subdivision is being requested in connection with this proposal
Page 136 of 144
FORM A
Current Use of Property Industrial and Office
7. Current Zoning Classification of Property,Including Variances or Conditional Uses Qntera li.ve_ZQr r g
'tP)
Specific Parcel Zoning:
09-34-228-002: 1-1 Industrial District, Commercial Use
09-27-480-005: 1-1 Industrial District, Office Use
09-27-480-006: I-1 Industrial District,Industrial Use
09-27-480-001: I-1 Industrial District, Vacant
8. Current Zoning Classification and Land Use of Adjoining Properties Qlq.er° .ti.ye.Z����1�p)
North: I-1 Industrial District, commercial warehousing
South: RS-4 High-Density Single Family Residential
East: C-4 Downtown Commercial District, Vacant/Metra Parking Lot
West: C-5 Highway Commercial (Office Space), RS-3 Medium-High Density Single Family
Residential(City Park), RS-4 High-Density Single Family Residential District
9. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
Application Fee (amount) $950.00
Narrative Description of Request
FORM A—Public Hearing Application
FORM B—Zoning Map Amendment(Rezoning)Application
FORM C—Conditional Use Application
Proof of Ownership and/or Written Consent from Property Owner in the Fonn of an Affidavit
Plat of Survey with Legal Description
List of Owners of all Adjoining Properties
Public Hearing Notice
Sign(Provided by the City)
Site Plan
Landscape Plan(Conceptual acceptable for preliminary, final landscape plan for final plan approval)
Architectural Rendering of Building Elevations
Peffoi=manee Standafds Ceftification
Page 137 of 144
11 FORM B File Number
ZONING MAP AMENDMENT (REZONING)
Planning and Zoning Commission
City of McHenry
333 South Green Street o McHenry,IL 60050 o Tel: (815)363-2170 0 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 request.
l. Compatible with Use or Zoning of Environs
The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with
existing uses or existing zoning of property in the environs.
The proposed use is a 54-unit multi-family building. This use is consistent with surrounding single-family
and multi-family uses.
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.
The proposed site has been identified as one prime for re-development into multi-family housing.
Removal of industrial uses on Main Street aligns with the city's long term planning vision.
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.
The proposes multi-family use aligns with the objective of the City's planning department in bringing
revitilization and new development onto Main Street.
4. Furthers Public Interest
The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the
applicant.
The proposed use will create a 54-unit affordable living community with the intention of providing
existing McHenry residents with a safe, affordable place to call home.
FORM B Page 1 of 1
Page 138 of 144
11 FORM C File Number
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of McHenry
333 South Green Street-McHenry, IL 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 quest.
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has
been minimized.
Site ingress/egress as well as the number of parking spots provided has been carefully considered to mitigate
the proposed multi-family development on surrounding residents.
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.
Any potential adverse effects of noise, glare, odor, dust, water disposal, blockage of light or air, or other advers
environmental effects on adjoining land owners has been mitigated to the furthest extent possible. This include
careful selection on the placement of buildings, parking spaces, common areas, and landscaping.
3. Neii4hborhood 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 architectural design utilized in the proposal as shown by elevations and renderings was carefully selected
to align with existing residential uses and respect the impact of the proposed development on community mem
Historic buildings are being preserved in line with the wishes of residents, which also provides for a gc
transitional use between W. Crystal Lake Road and N. Mill Street.
FORM C Page 1 of 2
Page 139 of 144
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.
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.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use
and its particular location.
FORM C Page 2 of 2
Page 140 of 144
F C>
O
d L O
C1,� � L O _
�I illlllllll � muu =�� a, F�U s o
0
t
0 0
N w
3
w � >
o 0 o z 3
p p
w w
m m
Ao
w w
of 8 8
H �
p blViS o
z
z
O
m
z
p O
z
z 8 8
O
m
z
z
O
B 8 a
z z
O
F Z
Z �
g
Q w
c w
p O
mW w oC
u c° ° 0
0- Z W
�o L4
x
-- N
p
m p
W W
Z
O
p
m
W p
W
m
F- W
Z
O
21 is
p p
w w
com
w w
cr
w w
2 =
H F
�p���IyyJJ � t- o
�DplllllI /// m d E W L v o a o w W N o
11�J�JJJ�J�J�����JJJJJ� a z o _ 0 w a
0
0
a
w � £
z S
z �
a
3 - z � o
£ z a t2 w
w
m
IIIIIIIIIIIIIIIIH
m
wl:
x Ho
z
o Ho O
g Q
�~ W
H d w
o
o
ca o
�~ L
w _
—a a
11' luno:)AjuaHoW
/UuaHoy�}o/{io
laaals II!W puo pooh a1o1 lols/(Jo o
12l{�IC{J21h uojd adp�spuoj Amuiwilaid W3a w'aDN
o�s��a.� sN�,�PAI�.,a
J
N
a
z �rnn
o0 �Jr
rrr
�r
/ / EMI eQP if
n
r e
"A"
po
IF /,"C
�0 �Ak, 6,
gzpgi
/ kv, e e j ,Y lwi
fi
r
f
�ff✓/H//rovy; u8 %�/��, a�F' �+ � 1 �� 'ii%i r, 111���f ���i / �' /,�� ,
,; r rrr r �,�.," /; i ��rrr � //�/'%i ✓/i' rrr
o" o�000sv oaoa nrr podo a a"w uoe— ppo o_ r>eo;zraw onow aru, aoio oa oi�oapporn-w dqs zCtd
�N aLij o
r F- O
��Q�fIfIII %/niiwf�, w a
lu
CY
0 FL
i /r/
dy �
r
Oro
p
, ,,,ail%flr� / ,,;,,
IS���J"A'�r�Nfy�� ; Oi,/r,�/ii,,,; /1;' �� �/�%f��/1Li i>( ,f AW J r
law r0 f/a
n
IMF
J0fr/ �.
1�
/ rr
�pyy 1/10
f
/' � , , `xkl�f., ��iv ��/ ,. f / ////'r ��/ r✓ �/��1'J✓ �/ �f �J w �r j//c
FYOar
011,
>i/ '�'Jo/ ':// ,��,/
r
1' ��,r/�/c. ,f ///// / ///r ,,,;:, / r`�// �� .G//�/,r�-,,/ ,/iGJ/G ,:.. /G/ i,' nfk,✓r� �'��Y ;;,� / r,::.://
j'r r,,,✓ /r ! iii, % oi,,, N f�r, / it I / r Im
,_'.1 /i/llr/,,,r/r/t/� /rr, e, ,/.rr h � rr%lJ1,yr: r Oii A� ,,, -,✓, ..✓ rC/ oD,r ->,r,...
/ / r r �, �1/r i r.. „! l c r v .,�lll ...r �i// '. „, r /�r� w / �,' ✓i/ ,,
„,%/ r � ✓„ l J r/ac .�r /, !/ //,/,,./ri rr f rr,..o6ry/ // ., /,rii., J/ ,�