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HomeMy WebLinkAboutPacket - 02/14/2018 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE DATE: Wednesday, February 14, 2018 TIME: 7:30 p.m. PLACE: McHenry Municipal Center (City Council Chambers -South Court Entrance) 333 South Green Street, McHenry, IL 60050 AGENDA 1. Callto Order 2. Pledge of Allegiance 3. Roll Call 4. Public Input -(five minutes total on non -agenda items only) S. Consideration of Approval of Meeting Minutes: December 14, 2017 Regular Meeting 6. Z-919 Public Hearing —Use Variance to allow a Tattoo Parlor Applicant: Derek Zeunert (Crimson Peak Tattoo), 2412 W Fairview Lane, McHenry, IL 60051 Requested Actions: Use Variance to allow a tattoo parlor at 3929 Main Street. Location of Subiect Property: The subject property is located at 3929 Main Street. 7. Z-920 Public Hearing — Conditional Use Permit to allow an Open Sales Lot Applicant: Yousef Dabbagh, 2438 Fen View Circle, Island Lake, IL 60042. Requested Actions: Conditional Use Permit to allow open sales lot at 4719 W. Elm Street. Location of Subiect Property: The subject property is located at 4719 W. Elm Street. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the Highest. quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. 8. Z-921 Public Hearing — Conditional Use Permit to allow Outdoor Storage Applicant: Rick Miller, Phoenix Towing, 7603 S. Oak Rd. Wonder Lake, IL 60097. Requested Actions: Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business at 3014 W. Route 120. Location of Subject Property: The subject property is located at 3014 W. Route 120. 9. Z-922 Public Hearing —Conditional Use Permit to allow a renewal of the mining operation on the north side of Illinois Route 120 until October 13, 2032 and a renewal of the Conditional Use Permit on the south side and Variance of Illinois Route 120 until May 4, 2028 including a Variance to extend this date until October 13, 2032 so the north and south side mining operations expire contemporaneously. Applicant: Meyer Material Company, LLC., 1300 S. Illinois Route 31, South Elgin, IL 60177. Requested Actions: Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120. Variance from Chapter All, Section A(4) to exceed the 10 year limitation for an extraction operation on the south side of Illinois Route 120. Location of Subiect Property: The subject property is located at 7003 W. Route 120, on the south side of Illinois Route 120, McHenry, IL and 7204 W. Route 120, on the north side of Illinois Route 120, McHenry, IL. 10. Continuation of the Discussion of the City's Comprehensive Land Use Plan and Development Policies (Focus on Existing Land Use and Future Land Use Maps) and Public Participation Process 11. Staff Report: Next Meeting Date March 14, 2018 12. Adiourn The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. City of McHenry Planning and Zoning Commission Minutes December 14, 2017 Chairman Strach called the December 14, 2017 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Absent: None. Also in attendance were: Director of Economic Development Martin and Economic Development Coordinator Wolf. Approval of Minutes Motion by Miller, seconded by Doherty, to approve the November 15, 2017 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Approval of Annual Meeting Schedule Motion by Walsh, seconded by Miller, to approve the 2018 regular meeting schedule of the Planning and Zoning Commission as amended: 2018 Planning and Zoning Commission Meetings JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 17 Wednesday 14 Wednesday 14 Wednesday APRIL - 7:30 P.M. 11 Wednesday JULY - 7:30 P.M. 18 Wednesday OCTOBER - 7:30 P.M. 17 Wednesday MAY - 7:30 P.M. 16 Wednesday AUGUST - 7:30 P.M. 15 Wednesday NOVEMBER - 7:30 P.M. 14 Wednesday JUNE - 7:30 P.M. 20 Wednesday SEPTEMBER - 7:30 P.M. 19 Wednesday DECEMBER - 7:30 P.M. 13 Thursday Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Planning and Zoning Commission December 14, 2017 Page 2 Consideration of Various Amendments and Updates to the City of McHenry Comprehensive Plan and Development Policies and City of McHenry Future Land Use Map Director of Economic Development Martin stated staff worked with HR Green in having three maps prepared. The first is an Existing Land Use Map, which depicts the entire City of McHenry and all existing land uses. This map is not a zoning map and it is not a future land use map but simply a representation of what land uses currently exist in the City today. It also includes some very useful planning tools including: the existing and proposed bike trials (future paths); the Prairie Trail, schools, parks, healthcare facilities and other key land use features. The second map is the City of McHenry's adopted future Land Use Map, which includes all current boundary agreements with their expiration dates. The Future Land Use Map was adopted by the City Council in 2005 and represents a portion of the City's Comprehensive Plan and Development Policy, which is also a pictorial policy document of the City Council's desired future land use for a specific parcel or geographic area of the City. This is the map which the Commission is going to be analyzing closely in terms of whether the land uses should remain the same or change to something different and why. The third map represents the corporate limits of the City of McHenry with a 1.5 mile buffer area or ring around the corporate limits of the City. This 1.5 mile area represents the City's extraterritorial planning area or the area which the City is permitted by law to plan for. The boundary agreements with their corresponding expiration dates are all on these maps. A public notice was sent to the Northwest Herald stating the City would be considering updates to its Future Land Use Map. Staff believes the best approach is suggesting the Commission consider the three maps, existing land use; existing future land use; and 1.5 mile extraterritorialjurisdictional/ boundary map and come up with a logical division of the City, into 3-4 sectors which can be discussed separately. Typically, a division can be best accomplished using roads, railroad tracks, river, and streams, as natural boundaries between each sector. Staff is proposing a two-step process for each sector. The first being to consider the major planning factors for each area (which will remain consistent from area to area) and the second is to transition from one area to the next. Director Martin explained from the land use and transportation there are many subcategories, however, the primary categories are land use and transportation and once these are discussed the subcategories can then be discussed in more detail including boundary agreements. It's important to keep in mind the planning factors presented at the initial meeting, and if additional information is required, requested or desired by or during the Commission's evaluation of a certain area of the City, such as soil conditions, future roadway plans or some other planning factors which may impact a decision about a future land use, staff can provide this information at a future meeting. Staff will advertise each meeting in the NW Herald but staff believes following the Commission's review of the Future Land Use Map, the Commission should make a concerted effort to garner public input through various means including holding meetings at different locations, such as other public facilities, making additional efforts to gather input via the City's website/Facebook pages and other forms of social media as well as using traditional forms of public feedback, such as surveying people, hanging the map at different locations, having an open house meeting at the library, etc. Planning and Zoning Commission December 14, 2017 Page 3 Staff believes the Future Land Use Map can be revised in a couple of months and a formal public hearing can be held after public input is sought/completed. Following, the revised Existing Land Use Map and Future Land Use Map, as well as the Consistency Policy can be presented to the full City Council for adoption; after which the Commission can begin to look at the text of the Comprehensive Plan and Development Policies (revised/adopted in 2008) and decide what chapters should be updated proceeding with that portion of the process as the next step. Commissioner Doherty asked how many years out the Commission should consider. Director Martin stated he wouldn't suggest going out further than 20-30 years and it should be discussed how often the plans should be reconsidered during that time period as the economy changes. Commissioner Strach suggested a goal of revisiting the plan every five years or so in the future. Commissioner Miller agreed. Commissioner Sobotta inquired if the meetings were advertised on the City website. Director Martin stated they are on the website. Commissioner Sobotta suggested they could possibly be listed on the home page of the website to gain more public input. Commissioner Strach stated that the suggestion is to do that and more as we get closer to coming up with a strategy as a group. He also suggested looking at the downtown area as a separate section. Discussion ensued regarding downtown planning. Commissioner Strach presented a thought process/map of creating a City of McHenry downtown "loop" that will create a connected downtown through a pedestrian/bicycle path including all three current downtown sections and the Riverwalk and connecting them to McCullom Lake Road, Petersen Park and the bike path, Fort McHenry Park and back to Main Street and the Metra station. Future phases to this looping path could be added. He opined there would not be a lot of infrastructure needed to add to the planned path because it would utilize existing restrooms and parking areas. Commissioner Sobotta suggested using a rental bike system in this area as well. Director Martin stated the City has been working with Zagster bike rental systems and presented a map showing proposed bike stations throughout the city that could hopefully be paid for through corporate sponsorships. These stations are already proposed to be planned in the area being suggested in the proposed "loop". Commissioner Miller thought it was a great idea and agreed most of the infrastructure is already in place. Commissioner Strach opined it would help draw more traffic into the downtown businesses as well. Interactive phone maps forthe "loop" were suggested through sponsorship. Kick-off ideas were discussed using the river to draw people to the "loop" when it would be completed. Marketing ideas were discussed to call attention to the plan and draw people that live here to the "loop" and then bringing more people from out of town to our local area downtown "loop". Commissioner Walsh opined this type of plan would potentially help local business -owners understand that we as a city are trying to present a plan that will help them to be successful. Discussion ensued regarding the fact that when people relocate they look at schools, parks, and other amenities such as shopping and recreational paths. The entire commission agreed the plan is good and inquired when it could begin for the downtown area "loop" to become a reality. Director Martin stated that is why we are doing this process and he could ask H.R. Green to put a formal map together on the future land use map that depicts the downtown "loop" plan. It was suggested the commission would then look at land uses abutting the "loop". Planning and Zoning Commission December 14, 2017 Page 4 The railroad tracks would be the north/south divider on the maps and Route 120 will be used as the east/west divider of the maps with the downtown area as a separate area. Commissioner Meyer asked if we will be able to address any of the pockets of unincorporated land that are in the middle of the City regarding annexation. Director Martin stated it has not been a major point of discussion in the past but could be brought up if the commission feels it is necessary as a recommending body in this process of revising our comprehensive plan. Discussion ensued regarding use of the City roads and other infrastructure by the residents in those areas and how it impacts our maps and city residents that are within the city limits. Director Martin asked for discussion ideas to be brought to the next meeting. It was agreed to focus on the downtown area and land uses at that meeting. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday January 17, 2018. Adjournment Motion by Meyer, seconded by Thacker, to adjourn the meeting at 8:52 p.m. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:52 p.m. Respectfully submitted, Dorothy M. Wolf, Economic Development Coordinator [PLANNING AND ZONING COMMISSION STAFF REPORT Z-919 USE VARIANCE TO ALLOW A TATTOO PARLOR FOR THE PROPERTY LOCATED AT 3929 W MAIN STREET] Applicant Crimson Peak Tattoo 2412 W Fairview Lane McHenry, IL 60051 Requested Action Use variance to allow a tattoo parlor at 3929 Main Street. Site Information Location and Size of Property The subject property is located at 3929 W Main Street and contains .11 acres. Comprehensive Plan Designation Commercial Main Street Sub -Area Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-4 Downtown Commercial and contains an approximately 2,480 square -foot mixed -use building with a basement, constructed in 1900, with 1,552 square feet on the first floor and an approximately 432 square -foot garage. Adiacent Zonine and Land Use North: C-4, Parking Lot South: C-4, Storage Building (Sewer Repair) East: C-4, Vacant Storage Garage West: C-4, Vacant Storefront BACKGROUND: In 2013 an applicant was granted a temporary use permit by the City Council to conduct tattooing and body piercing at 3932 Main Street until December 31, 2013, and subsequently sought a use variance to allow the use permanently. A tattoo parlor and body piercing establishment is not currently a permitted or conditional use in any zoning district so a use variance is required. The business closed and their use variance expired. A tattoo establishment was also approved in 2013 at 1210 N Green Street. Another tattoo establishment/art studio pursued the building at 3940 Main Street however the Use Variance was not approved by the City Council. Concerns expressed at the meeting included: covering windows and being aesthetically -pleasing; signage; preference to be out of the downtown area and number of tattoo parlors already in the City. This establishment was currently approved at 3405 W Elm. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-919 USE VARIANCE TO ALLOW A TATTOO PARLOR FOR THE PROPERTY LOCATED AT 3929 W MAIN STREET] ANALYSIS: The applicant for the property at 3929 Main Street is an artist and has included samples of his work. He will also sell paintings, prints and clothing. Main Street is an area of transition and is need of business. The following vacancies exist: the subject property (2-story mixed -use building), 3932 Main, 3925 Main, the unit directly to the east of 3929 Main and the landlords are struggling to rent these spaces out. The only way to improve the location and desirability of this area is to fill these spaces and generate more activity. Staff does not believe a tattoo parlor will have any adverse land use impacts on adjacent properties or require additional City services. A tattoo parlor meets all the criteria outlined in the use variance section of the zoning ordinance. Staff supports the requested use variance. RECOMMENDATION PRIOR TO PUBLIC HEARING: Approval of a use variance to allow a tattoo parlor on the subject property with the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Attachments • Location Map • Surrounding Properties • Application packet EPLANNING AND ZONING COMMISSION STAFF REPORT Z-919 USE VARIANCE TO ALLOW A TATTOO PARLOR FOR THE PROPERTY LOCATED AT 3929 W MAIN STREET] Location Map: 3929 W Main Street [PLANNING AND ZONING COMMISSION STAFF REPORT Z-919 USE VARIANCE TO ALLOW A TATTOO PARLOR FOR THE PROPERTY LOCATED AT 3929 W MAIN STREETI Surrounding Properties: to south of 3929 Main Street Property to west of 3929 Main Property to east of 3929 Main Street 12/5/2017 Crimson Peak Tattoo Business Proposal 3929 W. Main St. McHenry IL, 60050 My name is Derek Zeunert, and 1 have been in the tattoo industry for the past 7 years. I was an apprentice for 2 years at a very well-known shop in Chicago, and have been tattooing professionally for 5 years following that. I have a vision that entails a studio that is up to date with all highest safety standards and health regulations, and a welcoming environment for people to receive quality tattoos in Mchenry. I have been working in Lake Villa for the past 2 years and I want to bring all this revenue to the town I grew up in, and to better this city's tattoo scene with one of the most upcoming industries in the world. My studio will be closed to the general public, and will be an appointment only shop. I will have retail items for sale, including paintings, prints, clothing, ect. Before I officially open, my plan is to essentially remodel the entire internal space. This includes laminate flooring, freshly painted walls, new ceiling tiles, a dividing wall (to separate the lobby from tattoo area), and two sinks (one for general use, one for employees). This space isn't in the best condition currently, however, when I am done remodeling it will not only have a much more modern feel, but will be completely sanitary and up to all health codes and standards. My goal is to give the citizens of McHenry the highest tier of body art in the area. Through my journey in the tattoo industry, I have received tattoos from some of the most well renowned artists in the world, and learned many valuable tools and safe practices along the way. I want to inspire people to get beautiful tattoos, rather than receiving mediocre work that they feel need to be removed or covered up. My work is something to be proud of, and I am confident in saying that my clients never leave disappointed. I put my heart and soul into every single piece I create. McHenry will benefit from Crimson Peak because my clients sometimes travel hours to get tattooed; and the way I see it, the more people that get to experience our wonderful town, the better! It would be ideal for not only people to support my small business, but maybe while they're in town they support other local small businesses, too. I would love nothing more than the opportunity to show everyone in this community what I am Capable of, and I can't wait to build my name and grow as an artist. Thank you for your time and consideration. Attached are some examples of current works of art that I have done. Sincerely, Derek Zeunert FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number 7--l-A 333 South Green Street Street - McHenry, IL 60050 - Tel: (815) 363-2170 - Fax: (815) 3633-22173 1. Name of Applicant l r` YV'Srl - �1(pcUL- 7 Z 1 OCR Tel �$� )) J Address 0 1,' V_1.f\ \tw Lon $ Fax City �� y State�L Zip �0 05 2. Name of Property Owner (If other t Appli ant) Address \ 0)( Li Tel C%\5)a25 G%�'I Fax City 1 1 / omc — --t, /A� 3. Name of Engineer ✓ `� Tel (If represented) Fax Address City 44 f State— Zip 4. Name of Attorney 1 / Tel (If represented) Fax Address 5. Common Address or Location of Property `I 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Conditional Use Permit _Zoning Variance _Other _ Zoning Variance - Minor * _ Zoning Text Amendment Use Variance *Definition of 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. FORM A us vt 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classif ication and Land Use (off Adjoining Properties North: C-7-LA DOw AD- Y �-)1 P ARIC6U-� South: & 1 - East: CC 1pp West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. i� 1. Application Fee (amount) $ 9 5c) iC 2. Narrative Description of Request �3. FORM A - Public Hearing Application 4. FORM B - Zoning Map Amendment (Rezoning) Application 5. FORM C - Conditional Use Application 6. FORM D - Zoning Variance Application _`)_7. FORME -Use Variance Application is 8. Proof of Ownership and/or Written Consent from Property 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, to be posted by the Applicant) )C 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Owner in the Form of an FORM A Page 2 of 3 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) Derck S. iAncc�— FORM A Page 3 of 3 U USE VARIANCE Planning and Zoning Commission City of McHenry File Number I l l 333 South Green Street ° McHenry, IL 60050 � Tel: (815) 363-2170 o Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to Your request. 1 Practical Difficulties or Particular Hardshi 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. s � •- --.. _ sr.�Q.x'n U--�1'Y�L'c.N2YYt` �uv--'ex, 1Rck ve �gG, bYCCtJ1Q i C9A 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 e zoning district. not apply generally to other properties in the sam t / ` \ C�c �\ IrrA'/1 �VVa - �c ��� w"C. vim' �C. thi ���, 1�� (cW1� 1� 10\jc tat Page 1 of 2 FORM E 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. b;Q wyuC "ybT \�c C.0my%rA ( kj .11 Ire cict�C c\ecar�, cA n� ?nyafie l-- w'M lJe ci. )aa2rless Wher 1 cur\ Plwclsti r ; ry \ �cm\a Make cA ern rnu ca'�ea-t'3 Uk"ies. 5 Consistent with Comprehensive Plan The granting of the use variance will be in hannony 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. FORM E Page 2 of 2 P.O. Box 454 McHenry, IL 60050 December 12, 2011 City of ?".cEenry 333 S. Green St. McHenry, IL 60050 To Whom It May Concern: SUBJECT: 3929 W. Main Street, ?Henry, IL 60050 PPAPIA17CE I, Stephen Poltera, owner of above teal?estate, am giving permission to Dereck Zeunert to apply for a use variance for the commercial area of building fronting Main Street. Ver/yr truly yours, Stephen Poltera Propertv,Owner e:cv:a Qurn [PLANNING AND ZONING COMMISSION STAFF REPORT Z-920 CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT FOR THE PROPERTY LOCATED AT 4719 W ELM STREET] Applicant Yousef Dabbagh 2438 Fen View Circle Island Lake, IL 60042 Requested Action Conditional Use Permit to allow an open sales lot at 4719 W Elm Street. Site Information Location and Size of Property The subject property is located at 4719 W Elm Street and consists of approximately .14 acres. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5 Highway Commercial District and is vacant. Adjacent Zoning and Land Use North: C-5, Highway Commercial District Strip Center South: RS-2, Medium -Density Single -Family Residential East: C-5, Fuel Station with liquor/convenience store West: C-5, Mixed -Use Building Request and Background The applicant is requesting a conditional use permit to allow a used car lot on the subject property. The property formerly had a building, which was razed in 2013. The applicant is proposing to utilize a modular building with plans to construct a permanent building within two years pending approval. The property is a through lot, with an alley to the south, Elm Street to the north and Meadow lane to the east therefore he will be required to maintain a 30-foot building setback from the alley, Meadow Lane and Elm Street. Analysis Attached is a drawing of the applicant's proposed open sales lot. Cars would be located on the majority of the lot and customer and employee parking is proposed at the southern end of the lot. The applicant will be required to install a 15-foot residential screening strip to the south, parking lot lighting, and a parking screening strip if customer parking abuts a public right-of-way. Additionally, mechanical equipment will need to be screened. 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-920 CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT FOR THE PROPERTY LOCATED AT 4719 W ELM STREET] Staff believes the use is appropriate at this location and will not adversely impact the surrounding neighborhood. The property is located within the West Route 120 Corridor Enhancement Initiative and it is vital to get businesses to locate at this end of town. RECOMMENDATION PRIOR TO PUBLIC HEARING: Approval of a conditional use permit to allow an open sales lot with the following conditions: • All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and building code are met, with respect to the modular building, prior to receipt of full Certificate of Occupancy for a temporary building; • Applicant must file building permit application for a new building and repave entire lot within two years of City Council approval, contemporaneously with the construction of the new building. Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Attachments • Location Map • Application packet 3 (PLANNING AND ZONING COMMISSION STAFF REPORT Z-920 CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT FOR THE PROPERTY LOCATED AT 4719 W ELM STREET) Subject Property: 4719 W Elm Street [PLANNING AND ZONING COMMISSION STAFF REPORT Z-920 CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT FOR THE PROPERTY LOCATED AT 4719 W ELM STREET] Pictures of Subject Property: 4719 W Elm Street Looking south from Subject Property Looking west from Subject Property EI [PLANNING AND ZONING COMMISSION STAFF REPORT Z-920 CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT FOR THE PROPERTY LOCATED AT 4719 W ELM STREET] Pictures of Subject Property: 4719 W Elm Street Looking east from Subject Property Looking west from Subject Property 5 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-920 CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT FOR THE PROPERTY LOCATED AT 4719 W ELM STREET] Pictures of Subject Property: 4719 W Elm Street Looking south from Subject Property Looking west from Subject Property Ci Letter of Purpose The Petitioners are proposing to operate a used auto dealership. The property is commonly known as 4719 W ELM ST, MCHENRY, IL 60050-4045, (PIN# 09-27-303-040) petitioner: Yousef Dabbagh (resides in Island Lake) We have over 20 years of experience in used auto remarketing, we will be successful because we will offer something different; a pleasant car buying experience. Our focus will be on hybrid vehicles, since these cars are popular among consumers, energy efficient and beneficial to the environment. We will be unique since there are a few dealerships in McHenry and vicinity that specializes in hybrid vehicles. Our location is excellent, we are conveniently located on high -traffic IL route 120 in McHenry, and buyers will come from in and out of town to buy these specific vehicles. We understand that there is a lot of competition in our industry. Our strength comes from our ties to wholesale buyers. Our goal is to provide the customer with an enjoyable, honest service. We will provide a unique car buying experience for customers in McHenry by providing inspected, top quality, used vehicles at a competitive price. We will make sure that our customers are completely satisfied. We will continually maintain a high quality and pre -inspected used vehicles inventory on site. We will establish a company web page that the customers can visit and view our current inventory and we will use local advertising newspapers and online classified Ads to reach our customers. Sales Office: Modular Sales Office will be a good choice for this startup business. The office facility will be permanently mounted on a fixed foundation. It will be an office trailer on the lot with tires removed and utilities attached. The anticipated use for the sale office will be about 2 years for this startup business, meanwhile we will work with building department to place a permeant structure. We will work with our building department and adhere to all building code requirements to ensure the trailer is safely secured to the ground. The modular auto sales office will feature one or two private offices, one ADA accessible restroom, and a sales lobby. Outside skirting (foundation siding) will be installed so that the mobile office finishing will look good. File Number Z-920 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 Yousef Dabbagh Address 2438 Fen View Circle, Island Lake, IL 60042 2. Name of Property Owner Terry and Lancz Wilborn, (If other than Applicant) Tel (773) 7153673 Fax Tel q iS—,o C-0 5-570 Address P O Box 7246, Algonquin, IL 60102 Fax 3. Name of Engin (Ifrepresented) Tel 4. Name of Attorney Tel (Ifrepresented) Address Fax 5. Common Address or Location of Property 4719 West Elm Street (IL Route 120), McHenry, IL 60050 6. Requested Action(s) (check all that apply) _Zoning Map Amendment (Rezoning) X Conditional Use Permit _Zoning Variance _Zoning Variance - Minor _Zoning Text Amendment Other Provide a brief description of the Requested Acfion(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Conditional use to allow open Sale Lot FORM A Page 1 of 3 7. Current Use of Property Vacant Land (with municipal utilities) 8. Current Zoning Classification of Property, Including Variances or Conditional Uses AN Highway Commercial District 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5 Pizza and Cleaner Strip center South: East: West: C-5 Office Building 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. Y1. Application Fee (amount) $ en� 2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application (�5. FORM C — Conditional Use Application 6. FORM D— Zoning Variance Application 7. FORM E — Use Variance Application _,)[_8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit �9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties C�11. Public Hearing Notice X12. Sign (Provided by the City, to be posted by the Applicant) X13. Site Plan 14. Landscape Plan X 15. Architectural Rendering of Building Elevations ^ TR.AI t-EQ- SPED S 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 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) FORM A Page 3 of 3 FORM C File Number Z-920 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 request. 1.Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. • Vehicle sale use of will not have any adverse impact to the traffic than any other use typically found on C-5 Zoning. • The surrounding roadways have ample capacity to accommodate the proposed used car lot, since this operation will not have impact on traffic Safety, Volumes and Operations. 2.Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. • The Proposed Dealership will be a GREEN dealer since will sell environmental friendly hybrid vehicles. • The projected dealership would not "result in any potentially significant impacts on noise, Blare and dust. • There will be no blockage of light and air on the surroundings. • We will comply with all applicable city lighting ordinances, additionally we will use LED lighting with Auto Control. • Waste generated will be disposed properly using an approved recycling and waste disposal company. 3.Neiahborhood Character The proposed use will fit harmoniously with the surroundings and with permitted uses in the zoning effect on the environmental quality, property values, normally associated with permitted uses in the district. existing natural or man-made character of its district. The use will not have undue deleterious or neighborhood character existing in the area or • The proposed use (car dealership) will be located on IL Route 120, where there are already a cluster of dealerships. The proposed use (car dealership) will be incoherent with the current zoning regulations. • The proposed use will fit with the existing area character and surroundings, and will not have negative effects on the property values, or neighborhood. FORM C Page 1 of 2 4.Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. • The proposed dealership will continue use the existing public community facilities and services 2rovided by the City of McHenry. 5 Public Safetv and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated neither with the use nor of the general public in the vicinity. • The proposed dealership will be respectful of nearby businesses and residential areas, and will place a high priority on customer, employee and community safety. • We will cooperate and work closely with municipal leaders to ensure public's health, safety and help prevent violence in the community. 6.Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. • The site has been vacant for too long and we are eager to redevelop it for automobile sales. • The petitioner plans to purchase the property (4719 W. Elm St) and move the business to City of McHenry. • City of McHenry will be the point of sale for the business. • The car dealership will specialize in Hybrid vehicles. FORM C vl IDn Ml li ry r.f r0inwtrn .nri4h nry rnii r7 r,i r � z Specifications y 12' x 44` building size, * -1 12' x 48' with rokving hitch >...(1) 12' x 12 private office t » (1) 12'x 32'main office 8' ceiling height 1 Fekiures Central FIVAC Coffee bar with sink & storage cabinet Upgraded siding kf ith mansard roof Commercial grade carpeting �ADAf Er erlenced Local Provers \Morld-class service you can count on, with guarani eec9 on -time delivery, and competitive pricing ,- , from 80-plus locations across {North America. Storage Containers Secure portablestorage m 8' x 20' and 8'8'_x 40' sizes.. 0o Furniture Various prices and styles to fit any budget. + Insurance Optional commercial general liability and damage waiver option. Portable sanitation Hand wash stations, holding tanks, and Porta-Johns Accessibility Steps, decks and ramps Floor plans may vary, Other sizes, floor plans, configurations and specifications are available. Call today or visit us online: 800-523-7918 www.modspace.com Sales Office Model 1250 The high -quality features of our Mobile Sales Office will help create the professional image your business requires. Upgraded interior and exterior materials are a step up from our standard construction site office trailers. We offer a full line of accessories, including skirting, steps, and ramps to complete your custom configuration. tNIACTON MOBILE Building Size: 12' x 46' - 552 SF Interior Finish • Paneled walls • Carpeted floors • Restroom • Coffee bar Electric • Fluorescent lights • Breaker panel Windows/Doors • Horizontal slider windows • Doors with locking hardware Heating and Air Conditioning • Central HVAC, or • AC unit with baseboard heat Exterior Finish/Frame • Aluminum siding • I -Beam frame • Standard drip -rail gutters Options and Accessories • Deck • Ramps • Steps • Skirting ActonMobile.com m 800-251-1600 Specifications will vary from those shown and are subject to availability. Models may be shown with optional/extra accessories. ActonMobile.com m 800-251-1600 Specifications will vary from those shown and are subject to availability. Models maybe shown with optional/extra accessories. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-921 CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE FOR THE PROPERTY LOCATED AT 3014 W ILLINOIS ROUTE 1201 Applicant Rick Miller 7603 S Oak Road Wonder Lake, IL 60097 Requested Action A Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business. Site Information Location and Size of Property The subject property is located at 3014 W Illinois Route 120 east of the Fox River, on the north side of Illinois Route 120 and consists of approximately. 24 acres. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5, Highway Commercial District, and used as a towing business with ancillary outdoor storage of vehicles and contains an 1,800 square foot building. Adiacent Zonine and Land Use North: C-5, VFW South: C-5, Highway Commercial District, Auto Villa East: C-5, Strip Center West: C-5, Single -Family Residence Description of Request The applicant is seeking a conditional use permit to allow the outside storage of towed/impounded vehicles west of the existing building, in conjunction with their towing operation. Background The subject property was previously approved for outside storage in 1996, ordinance attached, however the conditional use limited the storage of vehicles to the northeast corner of the building; maximum of two vehicles overnight and the duration of the conditional use permit was concurrent with the tenancy with Bull's Eye Windshield Repair. Additionally, in 2005, a 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-921 CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE FOR THE PROPERTY LOCATED AT 3014 W ILLINOIS ROUTE 1201 conditional use permit was applied for and went to Planning to Zoning, however did not proceed to City Council for final consideration. Staff Analysis In the City's Zoning Ordinance a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. As previously stated the conditional use would be specifically for storage of vehicles, either impounded or retrieved from an accident scene. The proposed location of the outdoor storage is behind the building to the north and is not likely to visually detract from the surrounding area. The storage area abuts residential to the north and the VFW property. There is an existing fence, however it does need to be repaired and there is a gap in the fence on the north side which needs to the closed. The fence is cyclone and should be solid or opaque, with slats or landscaping or a combination. The building is in decent shape. Staff Recommendation Prior to Public Hearing Approval of a conditional use permit to allow the outdoor storage of vehicles directly -related to the business operation on the subject property only subject to the following conditions: The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; 2. There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; 3. The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. 5. The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval. 6. The fence shall be repaired, so it's completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. Attachments: Location Map, Photographs of Subject Property and 0-96-762 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-921 CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE FOR THE PROPERTY LOCATED AT 3014 W ILLINOIS ROUTE 1201 Subject Property: 3014 W Illinois Route 120 3 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-921 CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE FOR THE PROPERTY LOCATED AT 3014 W ILLINOIS ROUTE 1201 Pictures of Subject Property: 3014 W Illinois Route 120 4 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-921 CONDITIONAL USE PERMIT TO ALLOW OUTSIDE STORAGE FOR THE PROPERTY LOCATED AT 3014 W ILLINOIS ROUTE 1201 Pictures of Subject Property: 3014 W Illinois Route 120 5 File Number Z-921 PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street - McHenry, IL 60050 ° Tel: (815) 363-2170 ° Fax: (815) 363-21.73 1. Name of Applicant Rick Miller Tel 815-575-4277 2. Name of Property Owner Douglas and Peggy Hudson (If other than Applicant) Address 820 Belle Meade Island Dr Miami FL 33138 3. Name of Engineer (If represented) Address 4. Name of Attorney (If represented) Address Tel 305-767-1877 Fax Tel Fax Tel Fax 5. Common Address or Location of Property 3014 West Rt 120 McHenry, IL 60051 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) ✓ Conditional Use Permit Zoning Variance Zoning Variance - Minor Zoning Text Amendment Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: I am requesting a Conditional Use Permit for the use of outside secured storage of vehicles towed in per the request of the City of McHenry Police Department. FORM A Page I of 3 7. Current Use of Property Dispatch offfice and Inside Storing of vehicles 8. Current Zoning Classification of property, Including Variances or Conditional Uses 0-96-762 01/31/96 CUP O/S storage van repair and service C-5 Highway Commercial CUP Approval for O/S Storage May'05. Did not proceed to city council 9. Current Zoning Classification and Land Use of Adjoining Properties North: VFW C-5 Residence o/s city limits South: East: West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 950.00 X 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application )<j _5. FORM C — Conditional Use Application _6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit Plat of Survey with Legal Description X_10. List of Owners of all Adjoining Properties <11. Public Hearing Notice _12. Sign (Provided by the City, to be posted by the Applicant) _)<--13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations _16. Performance Standards Certification _17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 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) Rick Miller President Page 3 of 3 FORM A File Number Z-921 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 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. In Fact, we will spend approximately $7,000.00 making repairs and cleaning facility from its current condition 3 Neighborhood Character The prop sed use will fit harmoniously with the smroundins and with permitted uses n the zoning effect on t e environmental quality, property values, normally associated with permitted uses in the district. Correct. existing natural or man-made character of its district. The use will not have undue deleterious or neighborhood character existing in the area or Page 1 of 2 FORM C 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. Correct 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. The property already has a secured fence with gate and lock around the perimeter. Since taking possession of the porpertv we have installed 24 hour security cameras along with Chain Link Fence Weave. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The property was last rented to another Towing Company who used it for the exact same operation. FORM C Page 2 of 2 To whom it may concern; I am applying for a conditional use permit for outside storage at 3014 W RT 120. This is needed for my business, Phoenix 24/7 Towing Inc, to meet the requirements of the McHenry Police Departments towing rotation list. I want nothing more then to bring my business back where I have lived just about my whole life. Thank You, Rick Miller 1/30/2018 IMG_1582.jpg https:Umail.google.com/mail/u/0/#inbox[l 6147912a55c7ba2?projector=l&messagePartld=0.1 1/1 AND THE CITY OF MCHENRY REGARDING: 3014 W ROUTE 120 MCHENRY IL 60050 ORDINANCE NO 0-96-762 ZONING FILE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING RECLASSIFICATION AND CONDITIONAL USE THEREON. Whereas, a written Petition signed by Fred O'Halleran and the City of McHenry has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: 1. reclassification from E Estate Zoning District to C5 Highway Commercial District: 2. conditional use permit to allow the following uses on the subject premises: a. Outside storage: b. Vehicle repair and service; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 3014 West Route 120, McHenry Illinois, and legally described on Exhibit A attached hereto; and, Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on November 27, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners; and, Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the zoning reclassification and conditional use permit as requested; and, Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would serve the interests of the City if said reclassification and conditional use permit were granted for the subject property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby granted on the property commonly known as 3014 West Route 120, McHenry Illinois 60050, and legally described in Exhibit A: A. reclassification from E Estate Zoning. District to CS Highway Commercial District; B. conditional use permit to allow the following uses on the subject premises: 1. Outside storage; 2. Vehicle repair and service. Section 2: That the City Council finds that in granting the reclassification, the following criteria have been proved before this body: A. The proposed uses are compatible with existing uses or existing zoning of property in the environs. page 2 B. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. C. The proposed use 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- D. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. Section 3: That the City Council finds in granting the conditional use permit, the following criteria have been proved before this body: A. Any adverse impact of types of volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. 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. C. 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 already existing in the area or normally associated with permitted uses in the district. D. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected or 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. E. The proposed use will not he detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Section 4: That the Conditional Use be granted subject to the following conditions: A. Outside storage of vehicles shall be restricted to the northeast comer behind the building on the subject premises; B. Overnight outside storage of vehicles shall he restricted to a maximum of two vehicles at any time on the subject premises; C. The duration of the conditional use permit shall be concurrent with the tenancy of Bull's eye Windshield Repair. Section ; All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. page 3 Section 67 This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. Section 7: This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. Passed this 31st day of January , 1996. AYES: Bolger Locke Bates Lawson Baird NAYS: None ABSTAINED: None ABSENT: Nnna NOT VOTING: None Approved this 31st day of January � MAYOR ATTEST: /L �✓/ ��— CITY CLERK `'� F-YH(F,1r A LEGAL DESCRIPTION (LD: c632): Lot 8 (except that part described as follows: Beginning at the Southwest corner of Lot 8 thence on an assumed bearing of North 14 degrees 09 minutes 07 seconds East along the West line thereof 15.33 feet to a point on a curve having a radius of 2,529.12 feet and being concentric with the centerline of Illinois Route 120, the center of circle of said curve bears South 12 degrees 57 minutes 19 seconds West from said point; thence Southeasterly 66.63 feet along said curve having a central angle of 1 degree 30 minutes 34 seconds to a point on the East line of Lot 8; thence South 14 degrees 09 minutes 07 seconds West along said East line 15.84 feet to the Southeast corner of Lot 8; thence North 75 degrees 50 minutes 53 seconds West along the South line of Lot 8 a distance of 66.62 feet to the point of beginning) in Conway's Subdivision, being a Subdivision of part of the Southwest Quarter of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 16, 1923 as Document No. 60164, in Book 4 of Plats, page 99, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-25-353-017 STREET ADDRESS: 3014 Route 120 McHenry, IL 60050 .. _. _.__._. .... ..--- , . �--A r_ n'wa11gran. (PLANNING AND ZONING COMMISSION STAFF REPORT Z-922 CONDITIONAL USE PERMIT TO ALLOW A RENEWAL OF THE MINING OPERATION ON THE NORTH SIDE OF ILLINOIS ROUTE 120 UNTIL OCTOBER 13, 2032 AND A RENEWAL OF THE CONDITIONAL USE PERMIT ON THE SOUTH SIDE OF ILLINOIS ROUTE 120 INCLUDING A VARIANCE TO EXTEND THIS DATE UNTIL OCTOBER 13, 2032 SO THE NORTH AND SOUTH SIDE MINING OPERATIONS EXPIRE CONTEMPORANEOUSLY I Applicant Meyer Material Company LLC 1300 South Illinois Route 31 South Elgin, IL 60177 Requested Actions Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120 Variance from Chapter XIII, Section A(4) to exceed the 10 year limitation for an extraction operation on the south side of Illinois Route 120 Site Information Location and Size of Property The subject property is located on the north side of Route 120, approximately % mile east of the intersection of Wonder Lake Rd. and Route 120 and consists of approximately 156 acres. The Subject Property on the south side is located south and west of west of Valley View Elementary School, south of Illinois Route 120-west to Ridge Road and south to Burning Tree Subdivision Comprehensive Plan Designation Low -Density Residential Existing Zoning and Land Use The subject property is currently zoned RS-1/A-M, Low -Density Residential with an Agricultural Mining Overlay and is currently being mined. 1 (PLANNING AND ZONING COMMISSION STAFF REPORT Z-922 CONDITIONAL USE PERMIT TO ALLOW A RENEWAL OF THE MINING OPERATION ON THE NORTH SIDE OF ILLINOIS ROUTE 120 UNTIL OCTOBER 13, 2032 AND A RENEWAL OF THE CONDITIONAL USE PERMIT ON THE SOUTH SIDE OF ILLINOIS ROUTE 120 INCLUDING A VARIANCE TO EXTEND THIS DATE UNTIL OCTOBER 13, 2032 SO THE NORTH AND SOUTH SIDE MINING OPERATIONS EXPIRE CONTEMPORANEOUSLY H Adiacent Zonine and Land Use North: Unincorporated McHenry County and Village of Wonder Lake (Vacant) South: RS-1 Low -Density Single -Family Residential and Unincorporated McHenry County East: RS-1 and 1-1 Industrial and Unincorporated McHenry County West: Unincorporated McHenry County, Estate Residential Description of Request The applicant is currently petitioning the City for renewal of their existing conditional use permit to continue the operation of a commercial extraction business on the north and south sides of Illinois Route 120. North of 120 is primarily used for the mining of sand and gravel. The raw materials are then transported to the southern parcel for processing into aggregate material. As per the Zoning Ordinance of the City, this requires a conditional use permit however, these conditional use permits are only good for 10 years. The applicant is also requesting a variance from the provision of the Zoning Ordinance, which puts a 10-year time limitation on any extraction business, for the south side (which expires in May 2018) that would result in allowing the north and south sidesto expire simultaneously in 2032. The north side agreement is currently set to expire in October 2022. Background The subject property consists of 3 parcels, totaling approximately 156 acres on the north side and several parcels totaling over 1,000 acres on the south side. While these properties are governed by annexation agreements, which will be considered by the City Council, they are regulated primarily by the McHenry Zoning Ordinance, Chapter XIII. Surface Mining. In 1988, 409 acres were annexed into the City of McHenry and zoned RS-1 with an A-M Overlay and granted a conditional use permit for a commercial mining business. Meyer Material annexed an additional approximate 117 acres of property into the City of McHenry in 1998 to expand their operation. This property was also zoned RS-1 with an A-M Overlay and granted a conditional use permit for a commercial mining business, as well as a variance to extend the operation to 2018. This is the property located at the southeast corner of Route 120 and Ridge Road. Also in 1998, a variance was granted to the property annexed in 1988 property to continue the operation 2 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-922 CONDITIONAL USE PERMIT TO ALLOW A RENEWAL OF THE MINING OPERATION ON THE NORTH SIDE OF ILLINOIS ROUTE 120 UNTIL OCTOBER 13, 2032 AND A RENEWAL OF THE CONDITIONAL USE PERMIT ON THE SOUTH SIDE OF ILLINOIS ROUTE 120 INCLUDING A VARIANCE TO EXTEND THIS DATE UNTIL OCTOBER 13, 2032 SO THE NORTH AND SOUTH SIDE MINING OPERATIONS EXPIRE CONTEMPORANEOUSLY I through May 4, 2018. This conditional use permit needs to be extended and the one on the north side is being requested to be extended as well. The City established the A-M Agricultural and Mining Overlay District to capitalize on the natural resources that currently exist within McHenry County and to subsequently permit businesses such as Meyer Material to operate these earthen extraction businesses. The City established the overlay district due to the fact that the areas suitable for mining operations would also be suitable for development once the mining operations were completed. The subject property has an underlying zoning of RS-1 and includes additional regulations over and above those imposed by the typical residential district regulations to govern the mining operations. In this instance, the City's comprehensive Plan has designated this entire area as low -density residential land use with the intention that in the future a rural residential subdivision would be developed within the City's limits. The City Council discussed this topic at their November 6, 2017 and February S, 2018 meetings to gain an understanding of the current operations on the site, to identify the nature and process for the renewal request, and to provide the petitioner with input regarding potential topics to be included in the renewal request (minutes attached -February 5, 2018 meetings forthcoming). Concerns expressed by the Council at those meetings included: hours of operation; noise related to mining or other site operations, including from the crushers and vehicles; ensuring that the City maintained the proper reclamation bonding; making sure all wash plant processing was done inside in an enclosure; impact on shallow aquifers on residents; having copies of audits from monies received by City from aggregate material mined; and, making sure the City has current reclamation, topographical, aerial and reclamation maps. The petitioner is aware of these issues and staff will continue to work with the petitioner to identify, where possible, solutions to these as the process proceeds. 3 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-922 CONDITIONAL USE PERMIT TO ALLOW A RENEWAL OF THE MINING OPERATION ON THE NORTH SIDE OF ILLINOIS ROUTE 120 UNTIL OCTOBER 13, 2032 AND A RENEWAL OF THE CONDITIONAL USE PERMIT ON THE SOUTH SIDE OF ILLINOIS ROUTE 120 INCLUDING A VARIANCE TO EXTEND THIS DATE UNTIL OCTOBER 13, 2032 SO THE NORTH AND SOUTH SIDE MINING OPERATIONS EXPIRE CONTEMPORANEOUSLY Staff Analysis Conditional Use Permit Table 31 of the City's Zoning Ordinance governs conditional use permits. The character of the area in close proximity to the site on Route 120 is of rural agricultural farming, mining operations and low -density single-family residential land uses. The subject property has been mined for decades with minimal disturbances. While there have been some issues, due to the fact that the south side abuts residential, primarily with noise and dust, Meyer Material Company and their parent company have been extremely responsive to residents. Randi Wille specifically has held numerous neighborhood meetings to address concerns. To address noise, in the latest annexation agreement, a wash plant enclosure was required. Allen Miller, was also very responsive to complaints when he as at Meyer, dealing with noise and dust concerns. As a local business, Meyer provides a commodity that is needed to sustain a healthy economy, provides jobs for residents, and the City receives revenues from the aggregate mining. In summary, the City is fortunate to have these natural resources available for utilization. In addition, the City Council will be negotiating an annexation agreement extension to address several topics that ensures that the applicant not only maintain the rural atmosphere of this area but to work with the City in providing tangible benefits to the residents of McHenry. Staff feels that at this time, this is an appropriate land use and zoning of the property. The applicant needs to comply with the City's ordinances with regards to stormwater detention and stormwater release rates. The City's Surface Mining Regulations of the Zoning Ordinance place considerable limitations on the operation of extraction businesses. These include: hours of operation, screening, spillage, safety, noise, maintenance and specific limitations on what kinds of operations can be done at what locations on the property. Further, the applicant will need to comply with state and federal regulations as well. After the mining operations cease, the site must be reclaimed, within certain time restrictions, by the applicant in accordance with the requirements of the Zoning Ordinance. H (PLANNING AND ZONING COMMISSION STAFF REPORT Z-922 CONDITIONAL USE PERMIT TO ALLOW A RENEWAL OF THE MINING OPERATION ON THE NORTH SIDE OF ILLINOIS ROUTE 120 UNTIL OCTOBER 13, 2032 AND A RENEWAL OF THE CONDITIONAL USE PERMIT ON THE SOUTH SIDE OF ILLINOIS ROUTE 120 INCLUDING A VARIANCE TO EXTEND THIS DATE UNTIL OCTOBER 13, 2032 SO THE NORTH AND SOUTH SIDE MINING OPERATIONS EXPIRE CONTEMPORANEOUSLY I The noise impacts of the proposed operation will be greatly reduced in that the processing area for the raw materials is located on the south side of Route 120 in the existing mine, which is 50 feet below the existing ground surface. However, the noise generated from back-up alarms on truck, processing, and earth moving equipment is a concern. The use of silent back-up alarms should be required for equipment used north and south of Route 120. This has been addressed in the past and staff believes should continue to be a priority. Variance Table 32 of the Zoning Ordinance governs Variances. The limitation placed in the Zoning Ordinance on an extraction operation is 10 years. If the applicant wishes to exceed the 10 year time limitation, a variance can be applied for at the end of the 10 year time limit, the conditional use permit can be extended for the south side for approximately four years. Staff does not see any major concerns with this request as long as the processing remains on the south side of Route 120. Staff Recommendation Prior to Public Hearing Conditional Use Permit Staff recommends approval of a conditional use permit to allow a mining operation on the subject property subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120. 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. 5 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-922 CONDITIONAL USE PERMIT TO ALLOW A RENEWAL OF THE MINING OPERATION ON THE NORTH SIDE OF ILLINOIS ROUTE 120 UNTIL OCTOBER 13, 2032 AND A RENEWAL OF THE CONDITIONAL USE PERMIT ON THE SOUTH SIDE OF ILLINOIS ROUTE 120 INCLUDING A VARIANCE TO EXTEND THIS DATE UNTIL OCTOBER 13, 2032 SO THE NORTH AND SOUTH SIDE MINING OPERATIONS EXPIRE CONTEMPORANEOUSLY I Variance for 10 Year Time Limitation Staff recommends approval of the proposed variance to the 10 year time limitation imposed by the Zoning Ordinance with regards to mining on the south side. Approval of the variance shall be subject to the same conditions identified for consideration of the Conditional Use Permit above. Attachments • Location Maps • Chapter XIII, Surface Mining of the City of McHenry Zoning Ordinance • Application Packet • City Council Meeting Minutes dated November 6, 2017 • Unapproved City Council Meeting Minutes dated February 5, 2018 (forthcoming) 11 File Number -Z— Q a— PUBLIC BEARING 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 Meyer Material Company LLC Tel 815-331-7200 1300 South Illinois Route 31 Address South Elgin, Illinois 60177 Fax The Chicago Title Land Trust Company as Trustee 2. Name of Property Owner under Trust No. 53278 Tel (If other than Applicant) Address I I I W. Washington Street, Chicago, Illinois 60602 Fax 3. Name of Engineer N/A Tel (Ifrepresented) Address Fax Mark S. Saladin & I hornas-C. Zanc 4. Name of Attorney Zanck, Coen, Wright & Saladin, P.C. Tel 815-459-8800 (Ifrepresented) Address 40 Brink Street, Crystal Lake, Illinois 60014 Fax 815-459-8429 5. Common Address or Location of Property North and South side of Illinois Route 120, east of the intersection of Wonder Lake Road/Ridge Road, commonly known as 7003 W. Illinois Route 120, McHenry 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) _ Zoning Variance - Minor X Conditional Use Permit Extension of time period. _ Zoning Text Amendment X Zoning Variance Extension of CUP time period. _ Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: The Applicant requests a renewal of the CUP on the north side of Route 120 until October 13, 2032 and a renew of the CUP on the on the south side of Route 120 until Mav 4, 2028 Plus a variance to extend said date until October 13, 2032, to match up with the expiration date of the north side CUP. FORM A Page 1 of 3 ,IL 7. Current Use of Property North side: sand and gravel operation; South side: sand and 8. Current Zoning Classification of Property, Including Variances or Conditional Uses for both North and South sides: Underlying zoning of "RS-1 ",. Single Family residential with "A-M", Agricultural &Mining Overlay District. 9. Current Zoning Classification and Land Use of Adjoining Properties North: Unincorporated County and Village of Wonder Lake -residential (vacant) South: RS-1 City of McHenry and unincorporated County East: RS 1 City of McHenry and 1-1 City of McHenry and unincorporated County West: Unincorporated County -estate residential 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. X 2. X 3. _4. X 5. X 6. 7. X 8, 9. X 10. X 11. _12. 13. 14. 15. 16. 17. 18. Application Fee (amount) $ Narrative Description of Request FORM A — Public Hearing Application FORM B — Zoning Map Amendment (Rezoning) Application FORM C — Conditional Use Application FORM D— Zoning Variance Application FORM E — Use Variance Application Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit Plat of Survey with Legal Description List of Owners of all Adjoining Properties Public Hearing Notice Sign (Provided by the City, to be posted by the Applicant) Site Plan Landscape Plan Architectural Rendering of Building Elevations Performance Standards Certification Traffic Analysis School Impact Analysis FORM A Page 2 of 3 51-' q2z IL 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 bf record of die 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 statingthat 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. Analicant or Owner is wand T s 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 Thereby 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. S_iguature ofAoeicant(s) Print Name and Designation of Applicant(s) Meyer Material Company, LLC MaQc NORM A Page 3 of 3 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street - McHenry, IL 60050 0 Tel: (815) 363-2170 ° Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes' of traffic flow not otherwise typical in the zoning district has been minimized. The current use as sand and gravel operation currently exists and there will be no other adverse impact relative to the application renewal request. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. The current use as sand and gravel operation currentil exists and there will be no other adverse impact relative to the application renewal request. 3 Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The current use as sand and gravel operation currently exists and there will be no other adverse impact relative to the anplication renewal request. FORM C Page I of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The current use as sand and gravel operation currently exists and there will be no other adverse impact relative to the application renewal request. 5 Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The current use as sand and gravel operation currently exists and there will be no other adverse impact relative to the application renewal request. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The current use as sand and gravel operation currently exists and there will be no other adverse impact relative to the application renewal request FORM C Page 2 of 2 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street - McHenry, IL 60050 - Tel: (815) 363-2170 - Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. L 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. The request for a variance of the ten (10) near limitation for conditional uses in Chapter X111, Section A, Paragraph 4 - of the City's Zoning Ordinance to allow the current CUP for the south side of Route 120 to be extended to October 13, 2032, shall allow both operations to coincide. This request is unique to the subject property. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The variance request is for a time period set forth in the Zoning Ordinance. FORM D Page 1 of 3 3 Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. The variance request is based on the time 'frame set forth in the Zoning Ordinance. 4 Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The variance request would result in unnecessary and undue hardship on the Applicant based upon the current CUP and differing time frames for the expiration of the CUP. 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. The variance request is necessary to preserve a substantial property right of the property on the south side of Route 120 to allow it the same expiration date as the operation on the north side of Route 120. 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. The variance is necessary to allow the Applicant's reasonable use of the south side operation in conjunction with the north side operation. FORM D Page 2 of 3 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 variance shall not alter the essential character of the vicinity since the activity under the CUP currently exists and the request merely relates to the time permitted. 8 Consistent with Zonine 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 variance request is in harmony with the current zoning and comprehensive plan requirements since it does not alter the current allowed uses. 9 Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The variance is the minimum required to match expiration dates for the north and south side operations. FORM D Page 3 of 3 BEFORE THE CORPORATE AUTHORITIES OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS IN THE MATTER OF ) MEYER MATERIAL COMPANY AND ) CHICAGO TITLE LAND TRUST ) COMPANY AS TRUSTEE UNDER ) TRUST NUMBER 53278 FOR A ) SECOND AMENDMENT TO THE ) ANNEXATION AGREEMENT IN THE ) CITY OF MCHENRY, MCHENRY ) COUNTY, ILLINOIS ) PETITION FOR AMENDMENT TO THE SOUTH MEYER MATERIAL ANNEXATION AGREEMENT Pursuant to 65 ILCS 5/11-15.1-1, the undersigned Petitioners, under oath, do hereby respectfully Petition that the City of McHenry enter into a Second Amendment to the Annexation of territory to the City legally described on Exhibit "A" attached hereto and made a part hereto, and in support hereof, state as follows: 1. The parties entered into an Annexation Agreement and an Amendment to previous Annexation Agreements on the 22 a day of April, 1998, for the territory described as Parcels A, B, C, D and E. 2. At that time the parties agreed to grant a Conditional Use Permit to the Petitioners on Parcels B, C, D and E for the operation of a commercial sand and gravel operation. That the use set forth above expires on May 4, 2018. 4. That the Petitioners ask that the Annexation Agreement be amended and extended to October 23, 2032. 5. The Petitioners request that the Conditional Use Permit for the operation of a commercial sand and gravel operation be extended to October 23, 2032 which includes a variation from the 10 year Conditional Use Permit term to 14 years to that the North and South Meyer Parcels end on the same date. WHEREFORE, the undersigned, as the owners of record and the sole beneficiary of the land trust holding title to the territory which is the subject matter of this Petition, hereby request that the Corporate Authorities of the City of McHenry enter into an Amendment to extend the terms of the Annexation Agreement for the real property described in Exhibit "A" attached hereto and incorporated herein by reference. ]'he undersigned Petitioner, having read the above and foregoing Petition hereby acknowledges that the same is true in substance and in fact. MI3YER MATERIAL COMPANY an Illinois Limited Liability Company 1 R+ t#�,✓ SUBSCRIIIN) AND SWORN TO before me this,��.day OI ('�l Afl �' 2018. �— � L SEA OFFICIAL SEA OFFICISIINAL �,'''�, _______----� Notary Public. Stale ol! �• My commission —'\ 201. December 19 20ie - otary P� 4833.4869-6666, v.h i I f l i i i i f The undersigned Petition(;", having read the above and foregoing Petition hereby acknowled9cs that the same is true in substance and in fact, CIlfCA(jOT111W"4,s NQ TRUST COMPANY AS I'R (jST, 6-1-i Usi, i. M9,R 53278 cr-C i o�r D TI? This instrument is WNW by the undersigned Land Trustee, not personally but sAl in the exercise of the power and authority confenr5l w jnA � 'vested in it as such Trustee. CORPORATE ltisexprosslyunderst�'o,' agreed that all the warranties s covenants, undertakings anrj indemnities represen )aft of the Trustee are agreements herein I , 'I I the 1 undertaken by it ,nP1, 11 its capacity asTnistee and nqt ly No pe, ,ability op personal, fesponsibty IS PCrSDD@l asserted or enforceable Go assumed by ors any time be against the Trust + 11 account of any warranty, indemnity, representation ant, undertaking or agreement of the STATEE Tutisteeinthis cotmlw Or ss 1, the undersigned a Notary ublic in and I'�r Said County,it, tile, State foresaid, DO HE'RERY Cf—�'N-LL( crsonlly kno*1'Vn to Me to be the 0 f r I before me this day it urnent, appearec same Person wilwo name is subsoil t ng ins ill person, and ackliciwictdged that she signed, sealed and dalivul ad tile foregoing, document as her It -cc and voiunimy act, for the rises and purposes therein set forth. 1018 Given tinder my hand and official scnl, thisq.-- . ..... - "OFFICIAL SEAL" SILVIA MEDINA Notary Public tIofmy Public, State of Illinois *4 Cumnoission Expires 06191319n10 I I � 1,r A 1 4.111V�94 EXHIBIT "A" Parcel A` ` All those parts of Sections 28 and 29 in Township 45 North, Range 8 East of the Third Principal Mdridian'bounded by a line described as follows, to -wit: Commencing at the point of intersection of the East line of the West % of Section 28 with the North right of way line of Route 120; thence Northwesterly & Westerly along Northeasterly & North right of way Route 120 to a point 581.69 feet West of the West line of the East % of the Northeast % of Section 29, thence South 1938,41 feet, thence East on a line parallel to the South litre of the Northeast 1/4 of Section29,577.41 feet to the intersection with the West line of the East % of the North East'/a of Section 29, thence Northerly 55.94 feet, thence Easterly on a line parallel to and 797,94 feet North of the South line of the Northeast''/ of Section 29 and said line projected East to the West tine of lot 10 in Sherman Hill Industrial Subdivision, thence Northerly to the Northwest corner of Lot 10, thence Easterly along the South right of way line of Dot Street to a point on the West line of Lot 1, thence South on the West line of Lot 1 to the Southwest corner of Lot 1, thence East on the South fine of Lot 1 and said line extended to the centerline of l Draper Road which is the East line of the West'/Z of Section 28, thence North on the East line of the West % Section 28 to the place of beginning, all in McHenry County, Illinois. Parcel 13: The South Half of the South Half of Section 29 (excepting the South Half of the Southeast Quarter of Section 29; ALSO excepting that part of the South Half of the Southwest Quarter of Section 29, described as follows: Beginning at the Northeast Corner of the South Half of the Southwest Quarter of Section 29 and running thence West on the North line thereof for a distance of 925 feet to a point; thence South at right angles to the last described fine at the last described point for a distance of 400 feet to a point; thence Southeasterly on a line forming an angle of 30 degrees and 30 minutes to the left with a prolongation of the last described fine, at the East described point, for a distance of 285 feet to a point; thence Southeasterly in a straight and direct line to a point on a line drawn 425 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29, said point also being 510 feet North of the South fine thereof, thence South parallel to the East line thereof for a distance of 250.03 feet to a point; thence Southwesterly in a straight and direct line to a point which is 200.02 feet North of the South line thereof and also being on a line 475 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29; thence South on the last mentioned parallel line for a distance of 200.02 feet to the South line thereof; thence East on said South line to the Southeast corner of the Southwest Quarter of Section 29 aforesaid; thence North to the place of beginning), also (excepting therefrom the following -described 98-46-1364 premises, to wit: That part of the South Half of the Southwest Quarter of Section 29, described as follows: Commencing at the Northeast Corner of the South Half of the Southwest Quarter of Section 29 and running thence West on the North line thereof for a distance of 925 feet for a place of beginning; thence South at right angles to the last described line, at the last described point, for a distance of 400 feet to a point; thence Southeasterly on a line forming an angle of 30 degrees and 30 minutes to the left with a prolongation of the last described line, at the last described point, for a distance of 285 feet -to a point; thence - Southeasterly in a straight and direct line to a point on a line drawn 425 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29, said point also being 510 feet North of the South line thereof, thence South parallel to the East line thereof for a distance of 250.03 feet to a point; thence. Southwesterly in a straight and direct line to a point which is 200.02 feet North of the South line thereof and also being on a line 475 feet West of and parallel to the East line of the South Half of the Southwest Quarter of said Section 29; thence South on the fast mentioned parallel line for a distance of 200.02 feet to the South fine thereof; thence West on said South line, a distance of 200.01 feet to the intersection with a line drawn 675 feet West of and parallel with the East line of the South Half of the Southwest Quarter of said Section 29; thence Northerly along the last described parallel line, a distance of 146.47 feet; thence Northwesterly along a line forming an angle of 31 degrees, 39 minutes, 16 seconds to the right with a prolongation of the last described line, a distance of 981.75 feet; thence Northerly along a line forming an angle of 31 degrees, 41 minutes, 26 seconds to the right with a prolongation of the last described line, a distance of 332.15 feet, to the Northerly line of the South Half of the Southwest Quarter of said Section 29; thence Easterly along said Northerly line, a distance of 265.24 feet, to the point of beginning) and the East Half of the Southeast Quarter of Section 30, all in Township 45 North, Range 8 East of the Third . Principal Meridian, in McHenry County, Illinois. Parcel C: That part of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the West Quarter Corner of said Section 29; thence South along the West fine of said Section 29 to the Northwest Corner of the South Half of the Southwest Quarter of said Section 29; thence East along the North tine of said South Half of the Southwest Quarter of said Section 29, to the Southwest Corner of Glacier Ridge Unit No. 2, according to the Plat thereof recorded August 7, 1978, as Document No. 741873; thence North along the Westerly line of said Glacier Ridge Unit No. 2, to the Northwest Corner of said Glacier Ridge Unit No. 2; thence East along the North line of said Glacier Ridge Unit No. 2 and along the North line of Glacier Ridge Unit No. 1, according to the Plat thereof recorded August 30, 1977, as Document No. 706672 to an angle point in said North line of Glacier Ridge Unit No. 1; thence Northeasterly along the Northwesterly line of said Glacier Ridge Unit No. 1 EXHIBIT 2 Pag 2 of 5 98-%6- 1 365 t' to an angle point in said Subdivision; thence East along the North line of said Glacier Ridge Unit No. 1 a distance of 211.91 feet to a point which is 577.41 feet West from the East line of the West Half of the Northeast Quarter of said Section 29; thence Northerly 389.81 feet to a point which is 578.25 feet West from said East tine and 1508.6 feet South from the North line of said Northeast Quarter; thence West parallel with said North line 578.25 feet to the East line of the aforementioned parcel of land conveyed.-by.Deed recorded..in.Book.127,.page.123;_thence.Nonh along said East line 1508.6 feet to an intersection with the North line of the Northeast Quarter of said Section 29; thence West along the North line of said Section 29 to a point on said North line 500.00 feet East of the Northeast Corner of the West 100 rods of the Northwest Quarter of said Section'29; thence South parallel with the East line of the West 100 rods of the Northwest Quarter of said Section 29, a distance of 340.0 feet; thence West, parallel with the North line of said Section 29 to the East line of the West 100 rods of the Northwest Quarter of said Section 29; thence North along the East line of the WBst 100 rods of the Northwest Quarter of said Section 29 to the North line of said Section 29; thence West along the North line of said Section 29 to the Northwest Corner of said Section 29, thence South along the West line of said Section 29 to the point of beginning (excepting therefrom that part of the West 100 rods of the Northwest Quarter of Section 29, Township 45 North, Range 8 East of the i Third Principal Meridian, described as follows: Commencing at the Southwest Corner of said Northwest, Quarter; thence North along the West line of said Northwest Quarter, a distance of 734.12 feet; thence Easterly along a line forming an angle of 90 degrees, 30 minutes, 48 seconds to the right with a prolongation of the last described line, a distance of 1020.03 feet for a point of beginning; thence continuing along the last described line, a distance of 629.61 feet to a point on the East line of said West 100 rods of said Northwest Quarter, said point being 681.92 feet North of the Southeast Corner of said West 100 rods; thence South along the East line of said West 100 rods, a distance of 681.92 feet to said Southeast Corner; thence West along the South line of said Northwest Quarter, a distance of 629.74 feet; thence North, a distance of 701.85 feet to the point of beginning; ALSO, That part of the North Half of the Southwest Quarter of Section 29, Township 45 North, Range 8 East of the Third Principal Meridian, lying 200 feet Westerly of (as measured at right angles to) the West line of Glacier Ridge Unit No. 2, a Subdivision of part of said Section 29, according to the Plat thereof re -recorded August 17, 1973, as Document No. 741873), in McHenry County, Illinois, ALSO, The East Half of the East Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT 2 Page 3 of 5 - l I Parcel D: All that part of the West Half of the East Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, which lies Southerly of the right-of-way line of State Route 120, in McHenry County, Illinois; and Parcel -Es. The Northwest Quarter of the Southeast Quarter of Section 30 and the North 1/2 of the Southwest 1/4 of the Southeast 114 of Section 30 (except any part thereof lying South of the North line of the property conveyed by Document No. 699743, described as follows: The South 495.76 feet of the North 1/2 of the Southwest 114 of the Southeast 1/4 of Section 30); ALSO the West Half of the Northeast Quarter of Section 30 (except that part of the West Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corder of said Northeast Quarter of Section 30 for the place of beginning of this description; thence Southerly along the West fine of said Northeast Quarter, a distance of 100.00 feet to a point; thence Easterly along a line forming an angle of 90 degrees, 00 minutes, 00 seconds to the left, with the last described line extended, a distance of 30.00 feet to a point; thence Northeasterly along a line forming an angle of 53 degrees, 55 minutes, 40 seconds to the left, with the last described line extended, a distance of 50.13 feet to a point; thence Easterly along a line forming an angle of 53 degrees, 25 minutes, 40 seconds to the right, with the last described line extended, a distance of 300.00 feet to a point; thence Northeasterly along a line forming an angle of 16 degrees, 42 minutes, 00 seconds to the left, with the last described line extended, a distance of 104.40 feet to a point; thence Northerly along a line forming an angle of 73 degrees, 18 minutes, 00 seconds to the left, with the last described line extended, a distance of 30 feet, more or less, to a point in the North line of the Northeast Quarter of Section 30 aforesaid; thence Westerly along said North line, a distance of 459.00 feet to the place of beginning), ALSO (except that part of the West Half of the 'Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest comer of the Northeast Quarter of said Section 30, said corner also being on the Center line of FAP Route 21 (Illinois Route 120); thence South 89 degrees, 51 minutes East along the Center line of FAP Route 21 for a distance of 459.0 feet to a point on the East line of a tract of land acquired by State of Illinois, known a:: Tract 0001 as set forth in Vesting Order filed on November 26, 1.968, as Case No. 68-2578 in the Office of the Clerk of the Circuit Court in McHenry County, Illinois, for a place of � beginning; thence North 0 degrees, 09 minutes East along said East line, for a distance of 3.9 feet to a point on the North line of said Section 30; thence North 89 degrees, 40 minutes East along said North line of Section EXHIBIT 2 Page 4 of 5 f 30, for a distance of 855.7 feet to a point on the East line of the West Half of the Northeast Quarter of said Section 30, said point being 8.4 feet radially distant Northerly of the Center line of FAP Route 21; thence South 0 degrees, 20 minutes East along said East line, for a distance of 48.4 feet to a point, being 40.0 feet radially distant Southerly of the Center line of FAP Route 21; thence Westerly along a curve to the right, having a radius of 68819.5 feet, said curve being concentric with and 40.0 feet radially distant Southerly of the Center line of FAP-Route 2Vfor a distgnoe of -- — 624.0 feet; thence North 89 degrees, 51 minutes West along a line being parallel to and 40.0 feet normally distant Southerly of the Center line of FAP Route 21, for a distance of 265.4 feet to a point on the Southeasterly line of the aforementioned Tract 0001; thence North 73 degrees, 27 minutes *East along said Southeasterly line, for a distance of 34.8 feet to a point on the previously described East line of Tract 0001, said point being 30.0 feet normally distant Southerly of the Center line of FAP Route 21; thence North 0 degrees, 09 minutes East along said East line, for a distance of 30.0 feet to the place of beginning) ALSO (excepting the West 420.00 feet of the North 625.00 feet of the West Half of the Northeast Quarter of said Section 30), all in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT 2 Page 5 of 5 no_I,r__I1�rlp BEFORE THE CORPORATE AUTHORITIES OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS IN THE MATTER OF MEYER MATERIAL COMPANY AND CHICAGO TITLE LAND TRUST COMPANY AS TRUSTEE UNDER TRUST NUMBER 53278 FOR A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS PETITION FOR AMENDMENT TO THE NORTH MEYER MATERIAL ANNEXATION AGREEMENT Pursuant to 65 ILCS 5/11-15.1-1, the undersigned Petitioners, under oath, do hereby respectfully Petition that the City of McHenry enter into a Second Amendment to the Annexation of territory to the City legally described on Exhibit "A" attached hereto and made a part hereto, and in support hereof, state as follows: 1. The Petitioner Meyer Material Company is the sole beneficial owner of the record title holder of the territory, which record title holder is Chicago Title Land Trust Company as Trustee under Trust Number 53278. 2. The territory is within the corporate limits of the City of McHenry. There are no electors residing on the territory. 4. The City of McHenry annexed the territory under the terms of an annexation agreement dated the 10 day of October, 2002. 5. The City of McHenry entered into a First Amendment to that Annexation Agreement on the I" day of October, 2012. 6. That the Petitioner asks that the term of the Annexation Agreement be extended from October 13, 2022 to October 13, 2032. 7. The Petitioner asks that the City of McHenry agree to extend the existing Conditional Use Permit for the operation of a commercial sand and gravel operation until October 13, 2032. WHEREFORE, the undersigned, as the record title holder of the territory and the sole beneficiary of the land trust holding title to the territory which is the subject matter of this Petition, hereby request that the Corporate Authorities of the City of McHenry enter into a Second Amendment effecting the real property described in Exhibit "A" attached hereto and incorporated herein by reference. The undersigned Petitioner, having read the above and foregoing Petition hereby acknowledges that the same is true in substance and in I"aet, MI;YLiRMATERIAL COMPANY an Illinois Limited Liability Company SUBSCRIBEW AND SWORN TO Wore me this, �BAday of (A»pt 5 2018. �— KAGONIS TTICI PL SEAL OFFIC IAt to ,, V Notary m issio en�nanws My Commission E�pues Notary Public 4834-9575-9450, y. 1 The mtdersipned Petitioner, hawing read the above and foregoing Petition hereby ncicnowledgcs that the same is titre in substanec and in faet, CIICA00 TILE T,AND TRUST COMPANY ASNUMBER53278 -- `— — -- This instrument is executed by the undersigned Land Trustee, Ca/ not personalivour solelyasIrusteeinthe exercise ofthe power s>� and authontY conferred upon and vested in it as such Trustee. o It is expressly undeistood and agreed that all the warranties, :01PORAXE indemnities, representations, covenants, undertakings and agreements herein made on the part of the Trustee are SEAL underaken by it solely in its capacity as Trustee and not personally. No personal liability or personal responsibility is assumed by or shall at any time be asserted or enforceable. a t rev against the Trustee on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the Trustee in this instrument. S'J ATE OP 1111NOiS ) SS COUNTY OP w.ti ) I, the Notary ublic to mid F)r said Cormty, in [lie State foresaid, DO I]IREBY ERIIPY tha ^, � ,� b`Pcrsona11), known C to ine to be the same person whose tinm is subs i i ed to' h6regoing inst'nmtent, appeared before ino this day in person, and acknowledged that she signed, sealed and delivered the foregoing document as her 11-cc an<I voluntary act, for the rises and purposes therein set forth. Ctyn 0I8. Given auuler my hand and official seal, ibis -Nay of ��®main®��+�^+®mmmmmm®mom�mm©sue pFFICIAL SEAL" No ary Public a SILVIA MEDINA S!ntriry Public, State of Illinois `" ertaxrrr �sson r xpines���, `"�u'r,�v' EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: That part of Section 20, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the southwest corner of said Section 20; running thence East on the South line of said Section, 50 rods; thence North 160 rods to. a point which is 49 rods due East from the Northwest corner of the Southwest Quarter of said Section; thence West 49 rods to the Northwest corner of said Quarter Section; thence South on the West line of said Section, 160 rods to the place of beginning (excepting therefrom 1 acre, described as follows: Commencing 27 rods East of the Southwest corner of said Quarter, running thence North 13 rods; thence East 13 rods; thence South 13 rods; thence West 13 rods to the place of beginning; ALSO excepting therefrom that part thereof conveyed to Community Cablevision, Inc., by Warranty Deed dated December 20, 1979 and recorded January 11, 1980 as Document Number 788058, AND ALSO excepting that part thereof conveyed to the State of Illinois for the use of the Department of Transportation. by Deed recorded as Document No. 627516) in McHenry County, Illinois. Parcel 2: The East Half of the Southeast Quarter of Section 19, Township 45 North, Range 8 East of the Third Principal Meridian, which lies Northerly of the right of way line of State Route 120, in McHenry County, Illinois, Parcel 3: Part of the West Half of the Southeast Quarter of Section 19, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast comer of the West Half of the said Southeast Quarter; thence West, along the North line thereof, 48 rods to a point; thence South parallel with the East line of said West. Half of said Southeast Quarter, 100 rods to a point; thence East, parallel with the North line of said Southeast Quarter, 48 rods to a point on the East line of the West Half of said Southeast Quarter, which is 100 rods South of the place of beginning; thence Nortlr along said east line, 100 rods to the place of beginning, in McHenry County, Illinois. PIN Numbers: 09-20-300-012; 09-19-400-002 and 09-19-400-005 7 XIII. SURFACE MINING A. GENERAL PROVISIONS 1.PURPOSE The purpose of this section is to recognize that surface mining operations in urban areas are land uses with unique environmental effects calling for special regulatory controls to ensure that: a. extraction and processing areas operate in a manner that is compatible with the natural and man-made environment; and b. adverse impacts on nearby residential and institutional areas and on property values are minimized; and C. mined areas are restored to productive use compatible with their surroundings. 2. APPLICABILITY Any surface extraction or processing of earth materials shall be permitted only as a Conditional Use and only in those districts that so provide. Earth materials shall include topsoil, earth, clay, gravels, sand, stone, and other minerals. Provisions of this Ordinance applicable to Conditional Uses, such as a required public hearing, shall apply to surface mining operations except as otherwise provided herein. 3. EXEMPTIONS Any operation legally begun prior to the date of adoption of this Ordinance shall be exempt from all requirements of this section as applicable to the propertybeing mined as of that date. Except that such operation shall not be exempt from: a. meeting requirements herein concerning: 1. hours of operation 2. spillage 3. fencing, landscaping, and screening 4. safety 5. noise 6. maintenance of site; and b. meeting all requirements herein on any expansion or enlargement of the operation onto additional property not being mined on the date of adoption, and -330- C. meeting such requirements on the original property as a prerequisite to such expansion to the extent the City Council shall judge practical. 4. MAXIMUM TERM OF CONDITIONAL USE PERMIT No Conditional Use Permit for an extraction operation shall be issued or renewed for a period to exceed ten years. All permits shall be renewable. 5. CONTENTS OF CONDITIONAL USE APPLICATION In addition to other requirements herein for Conditional Use Applications, all applications for Conditional Use Permits for extraction operations shall include the following: a. A map or maps at a scale of 1 inch to 100 feet showing: 1. existing topography at 2-foot contour intervals 2. locations of existing watercourses and drainage systems 3. location and extent of flood hazard areas 4. boundaries of the area to be excavated and of each phase thereof if excavation is to proceed in phases 5. locations of structures, equipment and materials storage areas, equipment repair areas, and processing areas 6. locations of equipment used for grading, crushing, sorting and other purposes 7. location, orientation, and dimensions of proposed landscaping, berming, screening, fencing, and gates 8. location, dimensions, and surface treatment of proposed entrance and exit drives, on -site haul roads, acceleration or deceleration lanes, and parking areas 9. access routes between the property and the nearest arterial street as designated on the City Comprehensive Plan 10. location, width, and grade of all rights -of -way or easements on or abutting the property 11. typical cross -sections showing extent of overburden, extent of deposits of materials to be extracted, and water table 12. north arrow, scale, date of preparation, and name of registered civil engineer, landscape architect, or surveyor that prepared the map. b. Descriptions of: 1. Types of earth products to be mined 2. Character and composition of vegetation and wildlife on land to be affected -331- 3. Nature, depth, and proposed disposition of overburden 4. Estimated depth to which mining will occur 5. Techniques of extracting and processing to be used 6. Estimated type and volume of excavation 7. Equipment to be used 8. Practices to be used to minimize environmental effects such as noise, dust, vibration, and pollution of air and surface and underground water 9. Recycling of water used for washing and grading and proposed usage or drainage of excess water 10. Proposed days and hours of excavation and processing 11. Estimated dates of beginning and completion of all operations on the site. C. A Reclamation Plan meeting the requirements herein d. A bond meeting the requirements herein. Upon written request of the applicant, application information concerning items b(1) and b(4) shall be held confidential. 6. BOND To ensure completion of the reclamation of the site, a bond in a type and form approved by the City Attorney shall be required from the operator in the amount of $2,500 per acre or such greater amount as shall be established by the City Council. Such bond shall be sufficient to cover reclamation over a 3-year period. Prior to the end of such period, the City Council shall review past work before releasing or reducing the amount of the bond and shall establish the bonding requirement for the next three years. 7. CONTENTS OF RECLAMATION PLAN The Reclamation Plan required hereunder shall include a map at a scale of 1 inch to 100 feet showing the final condition of the site after extraction and processing activities have been completed conforming with the provisions on Finished Site Conditions herein, including: 1. Locations of proposed watercourses, water features, and drainage systems 2. Future structures, land uses, roadways, and open spaces 3. Staged schedule of reclamation actions by area detailing dates of completion and reclamation methods and materials 4. Future landscaping and ground cover 5. Final grading. -332- 8. COMPLIANCE WITH STATE AND FEDERAL REGULATIONS In addition to the requirements herein, all operations shall comply with the Illinois Surface -Mined Land Conservation and Reclamation Act, the regulations of the Illinois and U.S. Environmental Protection Agencies, and other applicable state and federal laws and regulations. 9. ABANDONMENT OR TERMINATION A new Conditional Use Permit shall be required for any operation where the operator has not demonstrated an intent to resume operations during a period of 1.2 months after on -site extraction and processing operations have ceased. 10. INSPECTION The Zoning Administrator shall inspect each operation for compliance with the provisions herein at least semi-annually. 11. STAGED RECLAMATION ACTION Reclamation according to the Reclamation Plan shall be pursued and completed in stages as excavation progresses. B. STANDARDS FOR OPERATIONS 1. WATER TABLE Maximum excavation depth shall not be below existing groundwater except where the Reclamation Plan provides for a water feature or for refilling of such excavation. Any such refilling shall be in conformance with applicable state and federal laws and regulations governing ground water pollution. No extraction operation shall permanently and harmfully lower the water table of surrounding inhabited properties. Water pumped from the site for washing shall be retained in a pond until the silt and clay settles and then recycled in the area affected. 2. HOURS OF OPERATION To reduce the harmful impact of noise on surrounding properties, surface mining operations shall be conducted only during the hours indicated below except during periods of public emergency in which materials excavated at the site are needed. -333- Sundays or All Legal State or Other National Holidays Times Operation of Crushers At no time 6 AM to 6 PM Washing of Gravel At no time All hours (electric pumps only) All Other Operations including Loading & Main At no time 5 AM to 8 PM 3. SPILLAGE Trucks hauling excavated material shall be loaded or covered so as to prevent spillage onto public streets. Any spillage on such streets shall be removed by the operator at least once every 24 hours. 4. FENCING, LANDSCAPING, AND SCREENING Notwithstanding other provisions of this Ordinance on screening, because of the superior noise -attenuating properties of berms as compared with fencing or plantings, a barrier consisting of a planted earth berm with a minimum height of 10 feet and fencing with a minimum fence height of 4.5 feet shall be installed prior to commencement of operations: a. along all lot lines, or, at the option of the operator b. along such lot lines and phase areaboundaries as are adjacent to areas currently being excavated. Such barrier shall be sufficient to: a. Screen the operation from view from adjacent properties and public streets except where a significant change in topography makes this impractical; and b. Discourage trespass by the public, such as with the use of barbed wire or thorny plantings; and C. Attenuate noise coming from the site that can be heard on surrounding properties or public streets, and d. Serve as wind breaks to reduce airborne dust adjacent to the site. -334- The required berm shall be planted with ground cover over its entire surface --except for portions planted in trees, shrubs, or flowers --no later than the next growing season after its installation. Where a lot line of a mining operation abuts the boundary of a Residential District, the berm shall be a minimum of 50 feet from that boundary. Trees a minimum of 10 feet high at time of planting and spaced a maximum of 25 feet apart shall be planted along the top of any berm or portion thereof located within 500 feet of extraction activity. Entrances and exits to the property shall be provided with gates that shall be securely locked during hours of in operation. Existing trees and ground cover within the required yards shall be preserved wherever possible. Weeds shall be cut or trimmed as necessary to present a reasonably neat appearance, to prevent seeding on adjoining property, and to reduce the hazard of grass fires. 5.ENTRANCES A maximum of one entrance and one exit onto public streets shall be provided. Where possible, the entrance and exit shall avoid routing of vehicles used in the operation over streets primarily serving residential areas. Where necessary in the judgment of the City Council, paved acceleration and deceleration lanes at least 100 feet in length shall be provided on either side of an entrance or exit. To minimize airborne dust and the deposit of dirt and gravel on public streets, a drive into the site of not less than 300 feet from the street right-of-way at each entrance or exit shall be either paved or oiled or sprayed with calcium chloride or a similar product to create a dust -free surface. 6.SAFETY All operations shall be conducted in a safe manner so as to prevent harm to the public and damage to adjacent properties or adjacent public streets. -335- 7. STAGED REMOVAL OF OVERBURDEN Overburden shall not be removed from more land than is to be mined within one year. No overburden shall be removed from additional land until ground cover in conformance with the Reclamation Plan is installed on all land where excavation is complete and that is not being used for material storage. 8. YARDS Notwithstanding other provisions of this Ordinance, the following minimum distances shall be observed for surface mining operations: Operation Crushing Below Grade All Other Crushing All Other Operations 9. NOISE Minimum Distance Measured From in Feet Operation To: 400 Boundary of any non -industrial district or property line of any school or hospital 750 Boundary of any non -industrial district or property line of any school or hospital 100 Boundary of any non -industrial district or property line of any school or hospital 50 All other property lines Performance Standards for noise herein applicable to heavy industry shall apply to all operations. Operations producing the highest noise levels, such as crushing machines or haul roads for truck movement, shall be located as far from lot lines as practical. 10. MAINTENANCE OF SITE The site shall be maintained in a neat and orderly condition, free of junk, trash, or unnecessary debris. Buildings shall be maintained in good repair and appearance. Salvageable equipment stored in non -operating condition shall be screened or enclosed. -336- C. FINISHED SITE CONDITIONS 1. REMOVAL OF MATERIALS AFTER COMPLETION Stockpiled materials and structures and equipment needed for removal thereof shall be removed within 2 years after the completion of production in any area. All other structures, except structures shown on the Reclamation Plan and fences, shall be removed within 1 year after the completion of production in the area, as shall stumps, boulders, and other debris resulting from excavation and related activities. 2. REPLACEMENT OF TOPSOIL Areas not under water shall be covered with arable topsoil at least 6 inches deep or as deep as was present on the land prior to excavation, whichever is less. Such topsoil shall contain at least 10 percent organic material, or the percentage present prior to excavation, whichever is less. 3. REPLACEMENT OF GROUND COVER To avoid erosion, vegetative ground cover in conformance with the Reclamation Plan shall be planted upon all areas on which topsoil has been replaced. 4. GRADING AND DRAINAGE After production is completed, sufficient drainage shall be provided to avoid water pockets, undue erosion, and increased runoff onto or erosion of surrounding properties or public streets. To the extent possible, points of drainage and drainage volume off the site shall be the same as they were before the operation began. All open excavations shall be back -filled with earth or other suitable fill material approved by the City Engineer to the grades indicated on the Reclamation ,Plan. No pits with side slopes greater than 30 degrees shall remain on the site when finished unless such slopes are under water. -337- The next page is 355 Regular City Council Meeting Page 7 November 6; 2017 DISCUSSION ONLY ITEMS: A. Gravel Pit Update — Presentation by LaFarge Aggregates followed by an outline of the agreement review and renewal process. Mayor Jett asked City Administrator Morefield to make the introductions. City Administrator Morefield introduced Mr. Randi Wille from LaFarge Aggregates to the Council. Administrator Morefield noted that recently the Council was invited by Mr. Wille to tour the site. For those Council members who did not attend the tour and as the agreements with the city are expiring in May, staff will begin the discussion with an update on the pit's operations presented by Mr. Wille. After the presentation, Attorney McArdle will provide the Council with an outline of the process of renegotiating the agreement. Attorney McArdle distributed a map to the Council depicting an overview of the gravel pit. The various parcels were colorized to facilitate Council's questions to Mr. Wille. Attorney McArdle explained Parcel A was annexed in 1976, Parcel B in 1977 and modified in 1988, Parcel C in 1988, Parcel D in 1990 and Parcel E in 1998. All of those agreements are expiring in totality in May. Mr. Wille informed the Council that Parcel A is not part of the renewal of the conditional use permit in the spring. This parcel has an Industrial I —zoning. As Attorney McArdle explained, the agreement for Parcel A is expiring but the zoning is there. Mr. Wille said this parcel still includes a ready -mix concrete plant, asphalt -patching plant, and associated maintenance buildings and the current office building that is for sale. The condition use for Parcels B, C, D, and E are expiring. Meyer Material Company was sold in 2006 to Aggregate Industries, a division of Holcim Ltd in Switzerland. Meyer Material was converted into a corporate entity just prior to the economic recession. As a result, the company downsized and divested, and ultimately came out in a merger situation with LaFarge based in France. The companies combined and are now one of the top five producers in the world. There have been a series of annexations, as the operation is a surface mine, expanding to the west. This is all followed by a series of conditional use permits. The conditional use permits track many items that will have to be negotiated such as hours of operations, bond requirements, setbacks, operational and reclamation plans showing the sequence of the mining operation. Today, the property is located west of Illinois State Bank at Curran and Route 120 near the the Glacier Ridge and Woodcreek subdivisions. They are currently mining in phases' 14, 15, 16, and 17 as part of the mine plan in the southwestern corner. There is much going on in that area and still includes farmland. The operation periodically strips pieces Regular City Council Meeting Page 8 November 6, 2017 of land as they move from south to north, mine the aggregates and convey them back to the processing plant. Mr. Wille told the Council that over the years, they have tried to develop a good relationship with the neighboring communities. They have met with the Woodcreek and Burning Tree homeowners associations and will begin a dialogue with Glacier Ridge residents as they begin to mine closer to their homes. Crushing hours are 6:00 am to 6:00 pm, Monday through Friday and 6:00 pm to 2:00 PM on Saturday, consisting of field and plant operations. Loading hours are 5:00 am to 8:00 pm but usually they quit earlier unless there is a specific job. They are allowed to wash 24-hours per day but have not washed beyond 6:00 pm in the last 10 years. There are numerous setback zones and this varies depending on the field crusher and property lines. Land that has been mined is restored and bonds returned to the state. Ultimately, top soil is replaced and the land is farmed again. The parcel on the north side of Route 120 was permitted and expires in 2022. LaFarge would like to combine the permit durations for the north with the south side so they expire at the same time. The processing plant is located on Parcel D, which is part of the conditional use they are seeking to renew. The parcel on the north side of Route 120 is a separate annexation agreement and as they need to operate together, it is LaFarge's desire to bring them together. They cannot close the processing plant on Parcel D until they have mined everything on the north side of Route 120. LaFarge is proposing to add 10 years to the four-year duration of the conditional use permit on the south side synchronizing it with the 10-year permit on the north side, consequently they would both expire at the same time. Alderman Santi asked for confirmation that Parcel A is where the concrete and asphalt plants are located and the answer was yes. He then asked when operations close for the season. Mr. Wille said asphalt production stops after Thanksgiving and concrete will continue, as work is available. Alderman Santi stated the tour was educational and recommended other Counciimembers to see the operations. Alderman Curry agreed that all Council members should tour the facilities and that many of his questions regarding the operations were answered on the tour adding LaFarge does a good job reclaiming land. Alderman Curry asked for clarification regarding the request to combine the north and south parcel agreements. Alderman Glab said that in the last six to eight years, there are times when he can hear crushers from his house. When berms are installed to protect residents who live close to the operations, the sound deflects to another direction and asked that care be given to the direction the sound is deflected. Alderman Glab asked how much of a difference will there be in the topography when the project is completed. Mr. Wille said it should create 3:1 slopes with RS-1 is zoning designed to have one -acre lots. He referred the Council to review the Algonquin Lakes and Silverstone, which were former location of a Regular City Council Meeting Page 9 November 6, 2017 Meyer Material mine. Meyer worked with Lexington Homes before they replaced the topsoil as a final dressing. Mayor Jett thanked Mr. Wille for his presentation. STAFF REPORTS Director of Parks and Recreation Hobson reported the Downtown Christmas Walk is scheduled for November 18 from 12:30 PM to 4:30 PM. The event will culminate with the annual Christmas Tree lighting ceremony in Veterans Memorial Park at dusk. On November 19, the annual Toys for Tots Parade will take place. The McHenry Area Jaycees and the Harley Owners motorcyclist group organize the parade. MAYOR AND CITY COUNCIL COMMENTS Mayor Jett thanked Council for attending a meeting with area business owners regarding downtown parking. The meeting was informative. The business owners expressed their opinion that the problem is more of convenience than lack of parking spaces. Valet parking is still an option that includes possible agreements with McHenry Villa, McHenry Savings Bank, and District 156. Mayor Jett said this is the first step in providing a vibrant, safe, and convenient downtown area. A discussion on November 20 with the Council will be held to discuss further this matter. In response to Alderman Glab's comment regarding towns with increased downtown nightlife, Mayor Jett noted he and staff visited the towns of Ottawa and Geneva and they are having the same discussion about downtown parking. Alderwoman Condon informed the Council that on November 18, MC3 is hosting the annual Shop with a Cop fundraiser and all money raised will help support McHenry Police Charities. Alderman Curry asked for the outline and renewal process for the gravel pit. Director Martin said a Public Hearing before the Planning and Zoning Commission for the conditional use and a Public Hearing at a Council Meeting regarding an amendment to the annexation agreement are required. Attorney McArdle said after the public hearings are held, the matter will go before the Council to begin negotiations. Alderman Schaefer stated tonight's CHARACTER COUNTS! presentation was good and in his opinion these awards should be also presented by the schools in front of students. Most students do not witness presentations held at Council. Alderwoman Condon agreed. ADJOURNMENT Motion by Alderman Santi, second by Alderman Curry, to adjourn the meeting. Voting Aye: Santi, Curry, Devine, Mihevc, Condon, Schaefer, Glab Voting Nay: None Absent: None IIIBLIC HEARING NOTICE Z-922 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Ilearing at the McHenry Municipal Center, 333 South Green. Street, McHenry, Illinois 60050, at 7:30 p.m. on February 14, 2018, to consider an Application by Chicago Title band Trust Company as Trustee of Trust No. 53278. Owner, whose address is I I 1 W. Washington St., Chicago, I1,60602. The beneficial owner of Trust No: 53278 is Meyer MateriafCompany, ].LC; whose address is 1300 S.Illitiois Route 3 ], South Elgin, Illinois G0177. The Applicant makes the following requests in accordance with the City of Mel lenry 'Zoning Ordinance: As to the approximately 157 acres north of Illinois Route 120, the Applicant requests the renewal of a Conditional UseTermit until October 13, 2032. fora Commercial Sand and Gravel I`xtraction Operation. This request relates to PINS: 09-19-400-002, 09-19-400-005 and 09-20-300-012. The property is zoned RS-1/A-M, Low Density Single Family Residential District; together with Agricultural and Miring Overlay District with the Conditional Use Permit for the operation of it Commercial Sand and Gravel Extraction Operation. The Petitioner also requests that it's Conditional Use Permit on the south side of Illinois Route 120, for the operation of a Commercial Sand and Gravel Extraction Operation be extended from May 47 2018 to October 13, 2032, so that it would expire at the same time the operation on the north side of Route 120 expires. The Applicant seeks a variation to allow the Conditional Use Permit to have a duration in excess o1' 10 years. The property on the south side of Route 120 is approximately 589 acres and is identified by PINs: 09- 30-200-016. 09-30-400-0061 09-30-200-008, 09-30-400-003, 09-30-400-004, 09-30-200- 005, 09-30-400-005. 09-29-100-0167 09-29-100-007 and 09-29-100-017. The, property on the south side of Route 120 is zoned RS-1, Low Density Single Family Residential District and A-M, Agricultural and Miring Overlay District with it Conditional Use Permit for the operation of a Commercial Saud and Gravel Extraction Operation. That portion ofthe Property which is south of Route 120 is commonly known as 7003 W. Illinois Route 120, McHenry. Illinois. `]'hat portion of the Property which is north of Route 120 is commonly known as 7204 N. Illinois Route 120, McHenry, Illinois. The Property is located on the north and south sides of Illinois Route 120, east of and adjoining the Parcels located at the northeast and southeast corners of Ridge Road and Illinois Route 120 in McHenry, Illinois. A copy of the Application is on file and may be examined during regular business hours in the City Clerk's 011ice, at the McHenry Municipal Center, 333 South Green Street, McIlenry, Illinois 60050, and (815) 363-2100. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of Melleruy, Mcl-lenry County, Illinois. 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