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HomeMy WebLinkAboutPacket - 10/20/2021 - Planning and Zoning Commission (2)The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. PLANNING & ZONING COMMISSION MEETING NOTICE DATE: Wednesday, October 20, 2021 TIME: 7:00 p.m. PLACE: Zoom Web Conferencing Application Join Zoom Meeting: https://cityofmchenry.zoom.us/j/89475514561 Phone: +1-312-626-6799 Meeting ID: 894 7551 4561 AGENDA 1.Call to Order 2.Roll Call 3.Public Input – (five minutes total on non-agenda items only) 4.Consideration of Approval of the Meeting Minutes: September 15, 2021 and September 29, 2021 5.Z-1002 – Use Variation and Zoning Variations for a 3-Unit Multifamily Building at 3807 Main Street Petitioner: Walter and Teresa Truszkowski Trust of 5123 Karlsburg Pl., Palm Harbor, FL 34685 (“Owner of Record”) 6.Z-994 – A Conditional Use Permit and Zoning Variations for a Drive-Thru Restaurant at 4104 W. Elm Street Petitioner: Millco Investments of 5215 Old Richard Rd, Suite 130, Skokie, IL 60077 (“Contract Purchaser”) 7.Z-1003 – A Zoning Map Amendment to the C-3 Community Commercial District, Conditional Use Permit, and Zoning Variations for a Tavern & Bar with Live Entertainment at 4502 W. Crystal Lake Road Petitioner: Bertram Irslinger, managing member of Bank Storage LLC. of 409 N Front Street, McHenry, IL 60050 (“Contract Purchaser”) 8.Z-999 – Use Variation and Zoning Variations for a Multifamily Development at 914 N. Front Street Petitioner: Commonwealth Development Corp. of America of 7447 University Avenue, Middleton, WI 53562 (“Contract Purchaser”) 9.Z-998 – Preliminary Plan Approval for a Planned Multifamily Integrated Design District Development at 812 N. Mill Street Petitioner: Northpointe Development Corporation of 230 Ohio Street, Suite 200, Oshkosh, WI 54902 (“Contract Purchaser”) 10.Staff Report: Next Meeting Date: November 17, 2021 11.Adjourn Page 1 of 144 City of McHenry Planning and Zoning Commission Minutes September 15, 2021 Chairwoman Rockweiler called the September 15, 2021 meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. Absent: Bremer. Also in attendance were City Planner Cody Sheriff and Economic Development Coordinator Wolf. Chairwoman Rockweiler opened the public comment portion of the meeting at 7:00 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of June 30, 2021 special Meeting Minutes as presented. Motion by Lehman and seconded by Smale for approval. Roll Call: Vote: 5-ayes: Commissioners Lehman, Rockweiler, Smale, Sobotta and Walsh. 0- nay; 1-abstained: Davis; 1-absent: Bremer. Motion Carried. File No. Z-993 Home of the Sparrow Inc Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width, parking lot perimeter landscaping, interior side yard setback, and any other zoning relief necessary to accommodate the existing principal building and accessory structures. Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-993 a Conditional Use Permit for an Institutional Use for the continued operation of a transitional living shelter and Zoning Variations to minimum lot width, parking lot perimeter landscaping, interior side yard setback, and any other zoning relief necessary to accommodate the existing principal building and accessory structures at 2116 N. Ringwood Rd. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Debbie DeGraw and Matthew Kostecki were sworn in and stated Home of the Sparrow operates a Transitional Shelter located at the subject property and has for 30 years since 1991. The shelter was previously located in McHenry County and was recently annexed into the City of McHenry. They are requesting a conditional use for the City of McHenry to operate the shelter within conforming use. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating The City of McHenry and the petitioner successfully applied and received $120,000.00 in Community Development Block Grant (2019) funding for the extension of the water main along Ringwood Road. The goal of the project was to provide fire sprinklers to the site for the safety of the occupants served by Home of the Sparrow, upon recent annexation to the City of McHenry as part of the agreement for connecting to City Water services. Approval of a Conditional Use Permit and Zoning Variations to continue to operate as a transitional living shelter is the final step in the process. Staff believes the proposed development is consistent with the future land use map recommendation. Page 2 of 144 Planning and Zoning Commission September 15, 2021 Page 2 Given the longevity of the operation, staff does not believe the continuation of the use would generate any adverse impacts on the surrounding property owners. Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies, stating approval of the petitioner’s request would be supportive of the City’s growth objectives and policies. City water services have been extended to service the site. Also, although many policies and objectives do not apply in this specific circumstance, staff believes approval of the request would be supportive of promoting responsible growth while providing a high quality of life to our residents. Transitional living shelters provide a much- needed form of housing for vulnerable populations. With not many transitional housing options currently available in McHenry County, staff believes approval of the request would be supportive of the broader idea of creating a mix of diverse housing options and services for the City’s residents should those services be required. The petitioner is not proposing any changes to the site. The Zoning Ordinance requires a minimum lot width of 50-feet per dwelling unit in the RS-4 District for a combined total of 300 feet. The petitioner will need to receive approval of a zoning variation to allow a minimum lot width of 125 feet in lieu of the required 300 feet. The striped spaces on the north side of the property do not have perimeter landscaping. This is primarily related to existing site constraints of the property which does not reasonably allow perimeter landscaping at this location. The east side of the south parking lot is also missing perimeter landscaping; however, there are numerous decidious trees to the east that provide natural screening of the parking lot area. Staff is recommending that a condition of approval be added that the petitioner would be required to install parking lot perimeter landscaping should those trees be removed. The Ordinance requires a minimum of a 6-foot setback from the property line. Although the principal building complies, playground equipment appears to encroach within the setback. Staff has placed a general interior side yard setback provision within the request to accommodate all existing accessory structures on site. Planner Sheriff stated Staff is recommending a condition of approval be added regarding the variance for the south parking lot perimeter landscaping that the property owner shall be required to install parking lot perimeter landscaping should the deciduous trees east of the subject property be removed. Overall, the proposal appears to be in substantial conformance with the City’s Comprehensive Plan and Development Policies. Given the longevity of the use, and the value our community receives for having close access to a transitional living shelter, Staff does not object to the petitioner’s request subject to appropriate conditions. Planner Sherriff stated if the Planning & Zoning Commission agrees with staff’s assessment then two motions are recommended, as presented in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions from any of the Commissioners. Chairwoman Rockweiler stated the staff report was very clear in explaining the request. Page 3 of 144 Planning and Zoning Commission September 15, 2021 Page 3 Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:08 p.m. Motion by Walsh seconded by Smale with regard to File No. Z-993, to recommend approval of the petitioner’s request for a Conditional Use Permit for an Institutional Use to operate a transitional living shelter on the subject property as outlined in the staff report, as presented, and by making said motion, we agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Bremer. Motion Carried. Motion by Smale seconded by Lehman with regard to File No. Z-993, to recommend approval of the petitioner’s request for the following Zoning Variations: 1) to allow a minimum lot width of 125 in lieu of the required 300 feet; 2) to allow no parking lot perimeter landscaping along the north side of the northernmost parking lot and east side of the southernmost parking lot subject to the condition that the property owner shall be required to install parking lot perimeter landscaping as required by the Zoning Ordinance should the existing trees east of the parking lot be removed as determined by the Zoning Administrator or if the vacant lots east of the south parking lot are developed; 3) to allow an interior side yard setback of 2 feet in lieu of the required 6 feet for the existing playground equipment; and 4) any other zoning relief necessary to accommodate the existing principal building and accessory structures. AND by making said motion, we agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. Roll Call: Vote: 6-ayes: Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0- abstained, 1-absent: Bremer. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-993 at 7:15 p.m. Staff Report: The next meeting is a special meeting on September September 29, 2021 and there are currently three applications on the agenda. Planner Sheriff stated the Fox River Corridor Plan is close to being finished and we are continuing to work on the Streetscape Plan. Planner Sheriff also stated he is currently working on forced annexations and several apartment complex petitions. Adjourn: Motion by Smale and seconded by Davis, all approved. Meeting adjourned at 7:20 p.m. Page 4 of 144 City of McHenry Planning and Zoning Commission Minutes September 29, 2021 Chairwoman Rockweiler called the September 29, 2021 special meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. Absent: None. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky, and Economic Development Coordinator Wolf. Chairwoman Rockweiler opened the public comment portion of the meeting at 7:00 p.m. There was nobody in attendance who wished to address the Commission with public comment. File No. Z-997 Jose Navarrete Use Variation to allow a Body Art Establishment In the C-5 Highway Commercial District Chairwoman Rockweiler called the hearing to order at 7:01 p.m. regarding File No Z-997 a Use Variation to allow a Body Art Establishment in the C-5 Highway Commercial District at the subject property, commonly known as 4801 W. Elm Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mr. Navarette was sworn in and stated he would like to open a tattoo shop in the retail space that has been vacant at the subject property for some time and he’d like to enrich the community with his higher end artwork. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating Body Art Establishments (tattoo shops) are currently not an allowed use in any Zoning District in the City of McHenry. Staff will be proposing text amendments to change this to an allowed use in the C-4 Downtown Commercial District and C-5 Highway Commercial District later. The subject property is currently zoned C-5 Highway Commercial District and has remained vacant for several years. The subject property is surrounded by primarily commercial zoning and land use with adjoining single-family residential land use to the south. The primary concern is how the proposed use will interact with the adjoining properties. Body Art Establishments do not generate adverse traffic nor noise. Staff does not believe approval of the request will generate any adverse impacts. Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies, and if the Planning & Zoning Commission agrees with staff’s assessment, then a motion is recommended for approval of a Use Variation to allow a Body Art Establishment in the C-5 Highway Commercial District as presented and outlined in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Page 5 of 144 Planning and Zoning Commission September 29, 2021 Special Meeting Page 2 Commissioner Walsh inquired as to the hours and days of week the establishment would be open. Mr. Navarrete stated he works for Aramark at his children’s school so the hours will be by appointment only and will be evening hours only during the week. Chairwoman Rockweiler inquired how Mr. Navarrete plans to advertise. Mr. Navarrete responded he uses conventions and word of mouth. He added he has a following of clients who ask him to repair their artwork done by other artists and that word spreads. Commissioner Smale asked for confirmation that all required licensing and certifications are valid and current. Discussion ensued regarding what is required for body art establishments. Mr. Navarrete stated he has multiple awards and certifications and that he follows all standards with sanitation and cpr training required by the State and local health department. Planner Sheriff explained licensing is regulated by the state and local health departments. Commissioner Lehman asked if there will be outside signage. Mr. Navarrete stated he would be looking into simple window signage and knows he must follow all City signage requirements. There were no questions from Commissioners Sobotta, Bremer, or Davis. Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:11 p.m. Motion by Bremer seconded by Smale with regard to File No. Z-997, to recommend approval of the petitioner’s request for a Use Variance to allow a Body Art Establishment on the Subject Property as outlined in the Staff Report, as presented, and by making said motion, we agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-993 at 7:13 p.m. City of McHenry File No. Z-995 Zoning Text Amendments to §11-9-7 – Table 2 – Permitted and Conditional Uses in Commercial Districts. Chairwoman Rockweiler called the hearing to order at 7:20 p.m. regarding File No Z-995 a request for various text amendments to the City of McHenry Zoning Ordinance. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating Staff is proposing text amendments to the Zoning Ordinance to allow Body Art Establishments in the C-4 Downtown Commercial District and C-5 Highway Commercial District as a permitted Page 6 of 144 Planning and Zoning Commission September 29, 2021 Special Meeting Page 3 use. Tables were presented indicating history of other like businesses in the City of McHenry and other towns were surveyed as to their requirements. Planner Sheriff stated Body Art Establishments or tattoo shops are regulated by the Illinois Department of Public Health Body Art Code and are required to register with the state. He stated it is common knowledge that the popularity of tattoos has risen substantially over the past decade. Surveys have indicated that 36% of US Citizens age 18-29 have at least one tattoo. Staff believes the biggest fear of allowing tattoo shops as a permitted use is that they would overcrowd some of our commercial areas. Staff surveyed and compared several neighboring cities. Of those cities surveyed that allow tattoo shops, they do not appear to be overcrowding the market. Being a service-oriented use, tattoo shops generate minimal externalities. If the Planning and zoning Commission agrees with Staff’s assessment, then a motion is recommended for approval of Zoning Text Amendments as presented and outlined in the Staff Report. Chairwoman Rockweiler opened the floor to questions and comments from the public. There was nobody in attendance who wished to address the Commission with public comment. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:30 p.m. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Bremer stated she agrees fully with staff’s assessment. Commissioner Smale asked what the criteria was that necessitated the past more restrictive zoning regulations. Planner Sheriff stated he was unsure why that decision was made in the past as he was not working in the City at that time. He believes the reasoning was as stated in his Staff report. Commissioner Davis asked if a limit will be proposed on the number of establishments that can be in these zoning districts. Planner Sheriff stated that no specific number is being proposed and Staff looks at this as an opportunity to fill some of the vacant shops in C4 and C5 zoning districts with service businesses. He does not believe there will be an influx of body art establishments. Commissioner Davis asked if possibly limiting the number of establishments allowed in the future can be revisited if needed. Planner Sheriff answered affirmatively. Commissioner Davis inquired if there is minimum criteria that has to be met in regard to licensing. Planner Sheriff and Director Polerecky explained the process of establishing a body art business in the City including the establishment having to submit their certifications from the health dept in order to receive a certificate of occupancy. Commissioner Walsh asked if applicants are required to submit a business plan be presented to the Commission or if they are coached/prepared on how to address the Commission. Planner Sheriff responded they are given instructions on how to properly fill out a planning and zoning application based on their specific zoning request. Commissioner Smale stated she believes we won’t get over-saturated just simply due to the market regulating itself in the spirit of healthy competition. Page 7 of 144 Planning and Zoning Commission September 29, 2021 Special Meeting Page 4 There were no further questions from the commissioners. Motion by Smale seconded by Lehman, with regard to File No. Z-995, to approve zoning text amendments to §11-9-7 – Table 2 – Permitted and Conditional Uses in Commercial Districts as presented and outlined in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the Public Hearing regarding File No. Z-995 at 7:30 pm. File No. Z-996 Basil DeStefano and Elizabeth Wagner-DeStefano A Minor Zoning Variation from the RS-4 High-Density Single-Family Residential District Interior Side Yard and Rear Yard setback requirements to accommodate a new single-family residence at 3719 W. Freund Avenue Chairwoman Rockweiler called the hearing to order at 7:32 p.m. regarding File No Z-996, a minor zoning variation from the RS-4 High-Density Single-Family Residential District interior side yard and rear yard setback requirements to accommodate a new single-family residence at 3719 W. Freund Avenue. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mrs. DeStefano was sworn in and stated they are requesting a zoning variance slightly over the building line requirements to accommodate their house plans with a detached garage. These plans will include open green space between the house and garage and provide a sightline to the creek from the street view which is keeping in harmony with the existing neighborhood. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating The petitioners, Elizabeth Wagner-DeStefano and Basil DeStefano are requesting approval of the following Zoning Variations to accommodate the construction of a new single-family residence: • A variance to allow a rear yard setback of 18.2’ in lieu of the required 25 feet; and • A variance to allow an interior side yard setback of 4.7’ in lieu of the required 6 feet. The original principal residence was in a poor condition and was demolished earlier this year. Staff was able to visit the site and speak with the adjacent neighbors while posting the sign on the property. Overall, the neighbors to the north and south appear to be supportive of the request. The neighbor to the south stated he would be happy once the project was completed and that it would be a good investment in the neighborhood The future land use map recommends low density single-family land use for the subject property. The subject property, and surrounding neighborhood, is zoned RS-4 High-Density Single-Family Residential District. Page 8 of 144 Planning and Zoning Commission September 29, 2021 Special Meeting Page 5 Part of an older subdivision, the subject property and surrounding lots vary in size from 33-60 feet in width. Adjacent to a stream in the rear yard, staff does not believe the encroachment within the rear yard setback will cause any adverse impacts. Due to the size and irregular shape of the lot, staff is comfortable with the proposed side yard encroachment In summary, Planner Sheriff stated staff is comfortable with the proposal and believes there is a hardship present due to the size and shape of the lot. Conversations with the adjacent owners indicated they would be relieved once the site is developed and welcome the investment into the neighborhood. Staff does not object to the petitioner’s request and recommends approval. If the Planning & Zoning Commission agrees with staff’s assessment, then a motion is recommended for approval of the petitioner’s request for zoning variations at 3719 Freund Avenue as presented and outlined in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions from Commissioners Walsh, Smale, Lehman, Davis, or Bremer. Chairwoman Rockweiler asked if the neighboring properties meet the current measurement requirements. Planner Sheriff stated no but they are automatically grandfathered in. Commissioner Sobotta requested clarification on the two variances needed and the exact measurements, as well as the square footage of the house. Planner Sheriff clarified. Mrs. DeStefano stated she believes the house will be 1800 sf but was not sure if that includes the basement. Chairwoman Rockweiler invited questions and/or comments from the Public. Kathi Seivt was sworn in stating she lives to the left of the subject property. Ms. Seivt was looking for clarification on whether or how far the new residence would encroach on her property line. Planner Sheriff stated they will be required to provided a spot survey. He further stated the neighbor to the North (which was clarified is the Seivt residence) will have at least 10 feet between the houses. Cody verified the new dimensions will be compliant. Mrs. Seivt stated she is happy it is confirmed there will not be an encroachment that would be a problem in any future sale of her property. Scott Rowe, 1403 N Freund Ave., was sworn in. Mr. Rowe asked for clarification on what the new dimensions/measurement will be on the north side of the new residence. Planner Sheriff provided clarification. Mr. Rowe stated he was happy with the clarification given and has no further concerns. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:47 p.m. Motion by Davis seconded by Smale with regard to File No. Z-996, to recommend approval of the petitioner’s request for the following zoning variations at 3719 Freund Avenue: 1. A variance to allow a rear yard setback of 18.2’ in lieu of the required 25 feet; and 2. A variance to allow an interior side yard setback of 4.7’ in lieu of the required 6 feet. Page 9 of 144 Planning and Zoning Commission September 29, 2021 Special Meeting Page 6 AND by making said motion, we agree with staff’s assessment that the Approval Criteria for Variances have been met as outlined in the Staff Report, as presented. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-996 at 7:52 p.m. Staff Report: The next meeting is October 20, 2021. It should be a full agenda. Please respond as soon as possible to the invitation regarding Adjourn: Motion by Smale and seconded by Bremer, all approved. Meeting adjourned at 7:55 p.m. Page 10 of 144 Page 11 of 144 Page 12 of 144 Page 13 of 144 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Walter and Teresa Truszkowski Trust (Owner of Record), is requesting approval of a Use Variation to allow a 3-unit multifamily residence at 3807 Main Street. The property will also need to receive approval of the following Zoning Variations to accommodate the development: 1. Variation to allow a minimum lot area of 8,766.72 square feet in lieu of the required 15,000 square feet. 2. Variation to allow an interior side yard setback 4 feet in lieu of the required 6 feet for the existing garage. 3. Variation to allow a rear yard setback of 4 feet in lieu of the required 6.25 feet for the existing garage. 4. Any other variations necessary to accommodate the existing development. The subject property was granted a Use Variation to allow a duplex residential building by Ordinance O-77-116 on August 15, 1977. A potential buyer interested in the property contacted the city to confirm zoning status of the existing 3-unit multifamily residence. It was at this time staff notified the buyer that the property was only approved for a duplex and the basement unit was unlawfully established. The petitioner will need to receive approval of the Use Variation to allow the third unit to remain on the property. The principal structure was constructed in 1988. Staff believes the 3rd unit has existed on the property for at least ten years based upon google earth photos. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE AND ZONING The subject property is currently zoned RS-4 High Density Single-Family District. A multifamily residence is not permitted within the RS-4 District; however, the surrounding land use appears to also consist of nonconforming multifamily residential dwellings. Originally approved for a duplex, staff does not believe an additional dwelling unit on the site would create any adverse impacts. FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends medium density residential on the subject property. The property is somewhat in compliance with the recommendation. Page 14 of 144 COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. • Land Use, Objective – Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents. o Policy – “Preserve and expand areas of residential land use.” (p. 27)  Approval of the applicant’s request would preserve and expand areas of residential land use. • Neighborhood Character, Objective – Promote Downtown Housing. o Policy – “Approve high-density multi-family residential in conjunction with commercial retail to create a mixed-use area.” (p. 48)  Being within walking distance to the Historic Downtown, approval of the request would promote having multifamily land use within walking distance of commercial businesses. STAFF RECOMMENDATION & ANALYSIS In summary, staff believes the proposed use of the property is in substantial conformance with the City’s Comprehensive Plan and Development Policies. The Community Development Department has been working closely with the petitioner and at the time of writing this staff report is scheduled to have a walk through performed by our building inspector. From a Code Enforcement perspective, it is difficult for the City to monitor and track these dwellings. The safety of the occupants of the building is the number one priority of the Community Development Department. The petitioner will be required to address all building code violations that result from the inspection. Given the longevity of the use and the minimal impact on the surrounding property owners, staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. If the Planning & Zoning Commission agrees with staff’s assessment, then two separate motions are recommended: 1st MOTION: I motion to approve the petitioner’s request for a use variance to allow a 3-unit multifamily building at 3807 Main Street subject to the following conditions: 1. A building permit shall be obtained within six (6) months from the date of approval by City Council to address all building code violations. 2. All other federal, state, and local laws shall be met. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship. B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. Page 15 of 144 Staff believes the subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations. C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property has operated for over 10 years as a nonconforming multifamily building in a single-family residential district. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area. Bringing the property into compliance with building regulations will have a positive impact on property values. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting multifamily development near the Downtown. 2nd MOTION: I motion to approve the petitioner’s request for the following zoning variations: 1. Variation to allow a minimum lot area of 8,766.72 square feet in lieu of the required 15,000 square feet. 2. Variation to allow an interior side yard setback 4 feet in lieu of the required 6 feet for the existing garage. 3. Variation to allow a rear yard setback of 4 feet in lieu of the required 6.25 feet for the existing garage. 4. Any other zoning variations necessary to accommodate the existing development. AND by making said motion I agree with staff’s assessment that the approval criteria for zoning variances have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance since the property has operated for at least 10 years with only one minor property maintenance violation (garbage bin left out too long). B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance since the property has already operated for at least 10 years. C. Not Resulting From Applicant Action. The applicant did not create the 3-unit building. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship since the property has operated for at least 10 years as a 3-unit residence. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Page 16 of 144 Staff believes approval of the applicant’s request would not substantially alter essential character of the locality nor have any other adverse impacts. Improvements to the subject property would positively impact the surrounding area. H. Consistent With Title And Plan: Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the Comprehensive Plan recommendation for increasing overall density in the downtown. I. Minimum Variance Recommended: Staff believes the proposed variance requests are the minimum required. Page 17 of 144 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 10/04/21 09:56 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1924974 Status: New WHOLD MCHENRY COUNTY PREPAID LEGALS Start: 10/05/2021 Stop: 10/05/2021 PO BOX 250 Times Ord: 1 Times Run: *** CRYSTAL LAKE IL 60014 CLEG 1.00 X 79.00 Words: 242 Total CLEG 79.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 121.36 # Affidavits: 2 Ad Descrpt: FILE Z -1002 TRUSZKOWSKI Contact: LEGAL CLERK Descr Cont: 1924974 Phone: (815)459-4040 Given by: WALTR TRUSZKOWKSI Fax#: P.O. #: Email: Created: bbehr 10/04/21 09:40 Agency: Last Changed: bbehr 10/04/21 09:47 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1924948 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 10/05 WEB CL 99 S 10/05 APNW CL 97 S 10/05 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) Page 18 of 144 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 10/04/21 09:56 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1924974 Status: New WHOLD WHOLD PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-1002 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing using the Zoom Internet Conferencing Application which can be accessed through https://cityofmchenry. zoom.us/j/89475514561 or by dialing +1-312-626- 6799 (Meeting ID: 894 7551 4561) at 7:00 P.M. on October 20, 2021 to consider an application by Walter and Teresa Truszkowski Trust of 5123 Karlsburg Pl., Palm Harbor, FL 34685 ("Owner of Record") for the following request(s), in accordance with the City of McHenry Zoning Ordinance: A Use Variation to allow a 3-Unit Multifamily Residence and any other Zoning Variations necessary to accommodate the existing principal building and accessory structures. Location: The site consists of 0.19 acres, more or less, and is located approximately 196 feet west of the intersection of Main Street and N. Center Street, on the south side of Main Street, with a common address of 3807 Main Street, McHenry, IL 60050 ("Subject Property"). PIN:09-26-356-007 The property is currently zoned RS-4 High Density Single Family Residential A copy of the application is on file and may be examined by contacting Cody Sheriff, City Planner by email at csheriff@ cityofmchenry.org or by calling 1-815-363-2181. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald on October 5, 2021)1924974 Page 19 of 144 Page 20 of 144 Page 21 of 144 Page 22 of 144 Page 23 of 144 Page 24 of 144 Page 25 of 144 Page 26 of 144 Page 27 of 144 Page 28 of 144 Page 29 of 144 Page 30 of 144 Page 31 of 144 Page 32 of 144 Page 33 of 144 Page 34 of 144 Page 35 of 144 Page 36 of 144 Page 37 of 144 Page 38 of 144 3807 Main StreetCopyright County of McHenry 2021.All information is provided 'as-is' with noguarantee of accuracy, completeness, or currency.Page 1 of 1Page 39 of 144 Page 40 of 144 Page 41 of 144 Page 42 of 144 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Millco Investments (Owner of Record), is requesting approval of the following zoning items to construct an approximate 2,500 square foot Arby’s drive-thru restaurant: • A Conditional Use Permit for the operation of a drive-thru restaurant. • Zoning Variations to Parking Lot Perimeter Landscaping. The site consists of 0.66 acres, more or less, and is located directly north of the intersection of Crystal Lake Road and W. Elm Street, with a common address of 4104 W. Elm Street (“Subject Property”). Formerly occupied by former State Representative Jack Franks, the subject property has remained vacant for several years. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The future land use map recommends commercial land use on the subject property. The proposed drive-thru restaurant is in substantial conformance with the commercial future land use recommendation. CURRENT LAND USE AND ZONING The subject property is currently zoned C-5 Highway Commercial District and has remained vacant for several years. Surrounded by primarily commercial and some industrial zoned properties, the proposed use of the property as a drive-thru restaurant is harmonious with the surrounding properties. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. Land Use • Objective: "Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents." (p. 27) o Policy: "Preserve and expand areas of commercial land use." (p. 27) Staff believes approval of the request is consistent with supporting and expanding areas of commercial land use. The use of the property is consistent with the surrounding auto-oriented drive-thru restaurants. Page 43 of 144 Unique Character • Policy: "Locate intense commercial...uses where they will not negatively affect residential or open space uses." (p. 28) There is no residential or open space near the proposed drive-thru restaurant. Growth • Policy: "Promote development that allows employment and a shopping base which is diverse and affords the City with a sound economic base." (p. 29) Approval of the request would be consistent with promoting economic growth in the City. SITE PLAN ANALYSIS Overall, the proposed site plan is mostly consistent with the City’s Zoning Ordinance Requirements with only the requested variation to parking lot perimeter landscaping. See below staff comments for various site elements.  OFF STREET PARKING AND LOADING §11-12 Drive-thru restaurants are required to have 10 parking spaces per 1,000 square feet of floor area. The 25 spaces proposed for the 2,335-sf facility exceeds the 24 spaces required by Ordinance.  LANDSCAPING AND SCREENING STANDARDS §11-13 The proposed site plan does not provide for a contiguous row/canopy of evergreen screening, 3 feet in height, along the perimeter of the proposed parking lots. Staff believes the missing landscaping was an oversite and not intention. Staff is recommending the petitioners comply with the parking lot landscaping and screening requirements or be prepared to justify the hardship. • TRAFFIC CIRCULATION & ACCESS Although not required by Ordinance, staff has expressed concerns regarding the western most (existing) full access. Staff is recommending a condition be added that the petitioner will convert the western most full access to right-out only. The petitioners were comfortable with this change. The petitioners will also need to seek IDOT approval for the development which can be handled at the time of permitting. STAFF RECOMMENDATION & MOTION In summary, staff believes the proposed commercial redevelopment is in substantial conformance with the City of McHenry Zoning Ordinance. The proposed drive-thru restaurant is adjacent to a state highway which consistent with the C-5 Highway Commercial District as an auto-oriented use. The proposed use appears to be harmonious with the surrounding land use and zoning. Staff believes the proposed development is consistent with the City’s Comprehensive Planning & Development Policies. Staff is recommending the petitioners comply with the Landscaping and Screening Standards. Staff does not object to the petitioner’s request for a Conditional Use Permit for a drive-thru restaurant subject to appropriate conditions. Page 44 of 144 If the Planning & Zoning Commission agrees with staff’s assessment, then two separate motions are recommended: 1st MOTION: A motion to recommend approval of the petitioner’s request for a Conditional Use Permit for the operation of a drive-thru restaurant at 4104 W. Elm Street subject to the following conditions: 1. The western most full access on IL-120 shall be converted to a right-out only. 2. The petitioner’s shall revise the landscaping plan to be in compliance with Chapter 13: Landscaping and Screening of the City of McHenry Zoning Ordinance. 3. All other federal, state, and local laws shall be met. AND by making said motion, you agree the Approval Criteria for Conditional Uses (§11-15-5) have been met as outlined in the staff report. APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below. A. Traffic. Staff does not believe approval of the petitioner’s request would generate any adverse traffic impacts. B. Environmental Nuisance. Staff does not believe approval of the petitioner’s request would generate any environmental nuisances. Located off of a state route, the proposed auto-dependent use is appropriate for the area. C. Neighborhood Character. The proposed commercial use is appropriate and will be harmonious with the surrounding commercial and industrial properties. D. Public Services and Facilities. The site is serviced by City Water and Sanitary Sewer. E. Public Safety and Health. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors. Staff believes the proposed auto-dependent use is appropriate due to the site being located off of a state route. 2nd MOTION: a motion to recommend denial of the petitioner’s request for a Zoning Variation to Parking Lot Perimeter Landscaping. AND by making said motion you agree that the Variance Approval Criteria (§11-19-5) have not been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff does not believe this is an unusual circumstance and believes the space is adequate to provide parking lot perimeter landscaping. B. Circumstances Relate to the Property Only. Staff believes the circumstances of this property are similar to other property along IL-120 and the petitioners should have no hardship in planting parking lot perimeter landscaping and screening. C. Not Resulting From Applicant Action. The applicant did not include landscaping in the Landscape Plan. D. Unnecessary Hardship. Page 45 of 144 Staff is unable to identify a hardship for the request since the site plan appears to provide adequate space to install landscaping. E. Preserves Rights Conferred By District. Staff believes that granting said request would provide an unnecessary privilege to the property owner when other properties have complied. F. Necessary For Use Of Property. Staff believes the petitioner will be able to enjoy and use the property with the landscaping installed. G. Not Alter Local Character. Staff believes approval of the petitioner’s request would set a precedent and negatively impact local character. H. Consistent With Title And Plan. Staff believes the proposed Zoning Variation is not consistent with the Comprehensive Plan Recommendation. I. Minimum Variance Recommended. N/A Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Page 46 of 144 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 09/10/21 15:49 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10212444 Ad #: 1918348 Status: New ANNA BOWERS Start: 09/13/2021 Stop: 09/13/2021 MILLCO INVESTMENTS Times Ord: 1 Times Run: *** SUITE 230 CLEG 1.00 X 74.00 Words: 226 5215 OLD ORCHARD RD Total CLEG 74.00 SKOKIE IL 60077 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 114.66 # Affidavits: 2 Ad Descrpt: CONDITIONAL USE - MILLCO Contact: ANNA BOWERS Descr Cont: 1918348 Phone: (312)377-7800 Given by: ANNA BOWERS Fax#: P.O. #: Email: ann@millcoinvestments.com Created: bbehr 09/10/21 15:29 Agency: Last Changed: bbehr 09/10/21 15:48 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1918282 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 09/13 WEB CL 99 S 09/13 APNW CL 97 S 09/13 ----------------------------------------------------------------------------- PAYMENTS: -- 09/10/2021 114.66 VI ************9466 04580D[415259429] ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) Page 47 of 144 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 09/10/21 15:49 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10212444 Ad #: 1918348 Status: New PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-994 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing using the Zoom Internet Conferencing Application which can be accessed through https://cityofmchenry.zoom. us/j/81058102934 or by dialing +1-312-626-6799 (Meeting ID: 810 5810 2934) at 7:00 P.M. on September 29, 2021 to consider an application by Millco Investments of 5215 Old Orchard Rd, Suite 130, Skokie, IL 60077 ("Proper- ty Owner") for the following request(s), in accordance with the City of McHenry Zoning Ordinance: A Conditional Use Permit for the operation of a drive-thru restaurant and Zoning Variations to Parking Lot Perimeter Landscaping. Location: The site consists of 0.66 acres, more or less, and is located directly north of the intersection of Crystal Lake Road and W. Elm Street, with a common address of 4104 W. Elm Street, McHenry, IL 60050 ("Subject Property"). PIN: 09-27-429-005 The property is currently zoned C-5 Highway Commercial District A copy of the application is on file and may be examined by contacting Cody Sheriff, City Planner by email at csheriff@ cityofmchenry.org or by calling 1-815-363-2181. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald on September 13, 2021)1918348 Page 48 of 144 Public Hearing Application Packet Page 1 of 20 PUBLIC HEARING REQUIREMENTS Planning and Zoning Commission (2021) City of McHenry www.cityofmchenry.org/planning_zoning 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2181  Fax: (815) 363-2173 The following information is intended to assist a petitioner applying for any development action requiring a public hearing before the Planning and Zoning Commission, including Map Amendments, Conditional Use Permits, Zoning Variances and Minor Variances, and Zoning Text Amendments. A typical development action will take from 45 to 90 days to process. REQUIRED FORMS AND ATTACHMENTS For all actions requiring a public hearing, information must be submitted in accordance with the following checklist: CHECKLIST Zoning Map Amendment Conditional Use Permit Zoning Variance Zoning Text Amendment Zoning Variance-Minor Use Variance Staff Plat Review Subdivision 1 Application Fee (Page 2) X X X X X X X X 2 Narrative Description of Proposal X X X X X X X X 3 FORM A - Public Hearing Application (Page 5) X X X X X X X X 4 FORM B – Zoning Map Amendment Application (Page 9) X 5 FORM C – Conditional Use Permit Application (Page 10) X 6 FORM D – Zoning Variance Application (Page 12) X X 7 FORM E – Use Variance Application (Page 15) X 8 FORM F – Plat/Development Application X 9 Proof of Ownership and/or Notarized Written Consent from the Property Owner X X X X X X 10 Plat of Survey with Legal Description X X X X X X 11 List of Owners of all Abutting Properties X X X X X 12 Public Hearing Notice (Created by staff, sent by petitioner) X X X X X X 13 Site Plan X X X X X X X 14 Landscaping Plan ? ? ? ? X 15 Architectural Rendering of Building Elevations ? ? ? ? ? 16 Traffic Analysis ? ? ? ? ? 17 School Impact Analysis ? ? ? ? ? Page 49 of 144 Public Hearing Application Packet Page 2 of 20 SUBMITTAL OF APPLICATION FORMS AND ATTACHMENTS - REQUIRED COPIES A preliminary draft of the application forms and attachments should be submitted to City Staff for review before finalizing the application. This review will help ensure that the application forms have been completed correctly and that all required attachments have been included. After receiving confirmation from City Staff, a petitioner can proceed by providing one (1) original plus fifteen (15) copies of all required application forms and attachments and a full legal description of the property prior to the application deadline, as listed below. All plans and oversized documents must be folded to 9” x 12” or smaller; rolled sheets will not be accepted. 2021 PUBLIC HEARING DATES AND APPLICATION DEADLINES Public hearings before the Planning and Zoning Commission are held at 7:00 p.m. in the City Council Chambers, at the McHenry Municipal Center, 333 S. Green Street, McHenry, IL 60050. To be considered for scheduling before the Planning and Zoning Commission, all required application forms and attachments must be submitted to the City Planner, Cody Sheriff csheriff@cityofmchenry.org, who is located at the McHenry Municipal Center, no later than 4:30 p.m. on the date of the application deadline. A public hearing date will be confirmed only if all application forms have been completed correctly and all required attachments have been provided. APPLICATION FEES Note: * The applicant is required to pay all of the City’s personnel expenses incurred in relation to their request which may require a retained personnel deposit for any outside consultation. COVID-19 Note: The Planning & Zoning Commission will resume in person meeting starting in June 2021. Public Hearing Dates Application Deadlines Public Notice Deadline January 27, 2021 January 1, 2021 January 8, 2021 February 17, 2021 January 22, 2021 January 29, 2021 March 17, 2021 February 19, 2021 February 26, 2021 April 21, 2021 March 26, 2021 April 2, 2021 May 26, 2021 April 30, 2021 May 7, 2021 June 16, 2021 May 21, 2021 May 28, 2021 July 14, 2021 June 18, 2021 June 25, 2021 August 18, 2021 July 23, 2021 July 30, 2021 September 15, 2021 August 20, 2021 August 27, 2021 October 20, 2021 September 24, 2021 October 1, 2021 November 17, 2021 October 22, 2021 October 29, 2021 December 15, 2021 November 19, 2021 November 26, 2021 Zoning Map Amendment (Rezoning)$950 Conditional Use Permit (CUP)$950 Zoning OR Use Variance $950 Zoning Ordinance Text Amendment $950 Staff Plat Review $950 Zoning Variance – Minor $175 Page 50 of 144 Public Hearing Application Packet Page 3 of 20 PUBLIC NOTIFICATION REQUIREMENTS In order to advise adjacent property owners and the general public of a public hearing, the petitioner must complete certain public notice requirements, including: 1) A hearing notice must be published in a local newspaper; 2) A notice must be sent to all property owners abutting or across the street (right-of-way) from the subject property; and 3) A sign must be posted on the property (except for minor variances). 1. Publish a hearing notice in the local edition of Northwest Herald newspaper for one day. The City Planner will draft a legal notice for the petitioner to send to the Northwest Herald. After reviewing the notice, and the information provided is deemed correct by the petitioner, the notice should be sent directly to the Northwest Herald, preferably by electronic mail, also indicating billing for the notice should be sent directly to the applicant rather than the City of McHenry: Shaw Media – Northwest Herald (815) 526-4459 (630) 368-8809 fax P.O. Box 250 Crystal Lake, IL 60039 publicnotice@nwherald.com If you e-mail the public notice, please call and confirm receipt of said notice at 815-526-4459 or the Classified Manager at 815-526-4439. NOTE: The notice must be provided to the newspaper at least three days prior to the desired publication date by 11:00 a.m. 2. Send a copy of the hearing notice via certified mail, return receipt requested, to the owners (last known taxpayer) of all parcels of property that are abutting or across the street (right-of-way-improved or unimproved public street, alley, body of water or railroad) from the subject property. The City Planner will provide the petitioner with a list of adjacent property owners. Property mapping and locations of abutting properties, parcel pin numbers and addresses can be most easily obtained by utilizing the following McHenry County mapping system link http://www.mchenrycountygis.org/Athena/ however the most accurate property ownership (most recent taxpayer) information should be obtained by utilizing the McHenry County Treasurer’s Office on-line parcel search function which can be accessed using the following website http://mchenryil.devnetwedge.com/. 3. Post a sign in the front yard of the subject property where it is visible from a public street and no further than thirty (30) feet from the edge of the right-of-way. A poster sign is provided by the City but it must be posted by the applicant if requested by City Staff. The sign must remain in place until the public hearing is concluded, and should be removed immediately thereafter. NOTE: Requests for Minor Variance are exempt from sign posting requirements. A Minor Variance is defined as follows: MINOR VARIANCE: a variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling or single-family detached or attached building lot for that dwelling or lot. Page 51 of 144 Public Hearing Application Packet Page 4 of 20 VERIFICATION OF PUBLIC NOTICE In order to verify the completion of the public notice requirements, the applicant must provide the following items to the City Planner preferably at least five (5) days in advance of the public hearing (or on the date of the hearing with City of McHenry approval): 1. A “Certificate of Publication” from the Northwest Herald for the hearing notice. 2. Postal Return Receipts (white mailing receipts and green return cards) from the certified mailing along with any returned mail. 3. A signed and notarized affidavit stating that the applicant has completed all of the public notice requirements. (located on Form A) The affidavit should not be submitted until all notification requirements have been met. If you don’t have access to a notary, you can complete this document at City Hall, where a notary is available. Quick Links: · Interactive Planning, Land Use, and Zoning Maps Page 52 of 144 Public Hearing Application Packet Page 5 of 20 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 1. Name of Applicant Tel Address Fax Email ______________________________________________________ 2. Name of Property Owner Tel (If other than Applicant) Address Fax Email ______________________________________________________ 3. Name of Engineer Tel (If represented) Address Fax Email ______________________________________________________ 4. Name of Attorney Tel (If represented) Address Fax Email ______________________________________________________ 5. Common Address or Location of Property 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) Use Variance FORM A Millco Investments (312) 377-7800 5215 Old Orchard Rd, Suite 130, Skokie, IL 60077 Anna@MillcoInvestments.com DanHavlir@Gmail.com 4104 W Elm St, McHenry, IL X 847-520-8410Northwestern Engineering Consultants 675 N. North Court, Suite 160, Palatine, IL 60050 Page 53 of 144 Page 54 of 144 Page 55 of 144 Page 56 of 144 Page 57 of 144 Public Hearing Application Packet Page 11 of 20 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. None None Yes, it will fit harmoniously. Page 58 of 144 Public Hearing Application Packet Page 12 of 20 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Correct, it will not be detrimental. It will not place undue burdens. Correct. Page 59 of 144 Page 60 of 144 0.40.50.70.80.91.01.00.90.91.42.22.53.13.22.93.02.62.32.52.82.52.32.32.42.82.53.52.72.62.01.50.90.50.30.30.40.40.40.30.30.30.40.50.50.50.50.50.40.30.30.51.01.72.52.83.13.23.02.92.93.13.22.33.02.62.21.71.71.82.32.92.93.23.12.52.21.40.80.50.30.20.20.23.60.90.90.91.11.00.93.53.31.81.41.51.51.51.61.71.71.93.13.42.93.14.05.66.66.15.35.64.63.42.72.52.62.82.72.73.14.03.52.92.62.72.41.83.94.04.54.85.15.14.34.23.83.63.73.83.53.33.33.53.33.23.22.72.11.63.63.42.11.95.25.04.24.34.23.83.33.13.13.12.62.01.63.02.42.66.96.96.56.54.93.93.43.22.82.41.91.43.02.82.62.82.31.91.55.05.55.75.76.34.94.23.73.12.52.11.61.43.22.92.92.72.52.11.81.61.61.71.61.74.44.64.34.34.23.83.83.71.93.33.32.82.72.62.42.22.12.12.12.13.23.53.93.83.53.43.53.42.92.72.73.02.93.02.92.62.42.32.53.43.53.43.43.33.13.03.23.83.83.23.12.32.83.13.23.02.82.72.83.33.13.13.53.52.82.52.42.61.62.12.83.33.43.33.53.53.33.23.23.52.72.73.03.34.23.73.10.87.0P4 @ 25'P4 @ 25'P4 @ 25'P2 @ 25'P4 @ 25'P4 @ 25'P24 @ 25'DesignerAdam CarrierDate07/13/2021ScaleNot to ScaleDrawing No.SummaryStatisticsDescription Symbol Avg Max Min Max/Min Avg/MinParking LotLight Levels3.2 fc 7.0 fc 0.8 fc 8.8:1 4.0:1Property LineLight Levels1.7 fc 3.6 fc 0.2 fc 18.0:1 8.5:1ScheduleSymbol LabelQuantityCatalogNumberDescriptionLamp WattageP21 PRV-C40-D-UNV-T2-BZSingle Head Eaton Lumark PrevailSeries LED Area Unit w/Type T2Distribution (22ft. Pole Height w/3ft.Concrete Base)LED 131P45 PRV-C40-D-UNV-T4-BZSingle Head Eaton Lumark PrevailSeries LED Area Unit w/Type T4Distribution (22ft. Pole Height w/3ft.Concrete Base)LED 131P241 PRV-C40-D-UNV-T4-BZDouble Head D180 Eaton LumarkPrevail Series LED Area Unit w/TypeT4 Distribution (22ft. Pole Heightw/3ft. Concrete Base)LED 262Page 61 of 144 NEW ARBY’S RESTAURANT 4104 W. Elm Street McHenry,IL ã 601 Papworth Avenue Suite 200 Metairie LA 70005 504-838-8091 www.moutonlong.com Page 62 of 144 121:12SLOPE1:12SLOPELEVEL WITHPAVEMENT1REFER TO P LAN24" M IN .ADAAG DETECTABLEWARNING (CASTTRUNCATED DOMES INCONTRASTING COLOR)2 4 " M IN .1215'-0"CONCRETE CURBAT BUILDINGRAMPRAMP567711'-8"10'-1038"32'-578"5'-0"18'-0"27'-1012"5'-0"18'-0"60°60°SIDEWALKSIDEWALK26'-7" 73'-9"P.L.P.L.25'-0"18'-0"30'-5"9'-0"TYP9'-0"TYPP.L.19'-10 "15'-7"7'-0"TRASH ENCLOSURE18'-0"5'-0"10'-0"NEW PYLON SIGNPER JURISDICTIONREQUIREMENTSSITE PLANSHEET:ISSUEDATEAS1.07/21/2021 9:25 AM INSPIRE DUAL NARROW 4104 W. Elm Street McHenry, IL ARBY'S RESTAURANT GROUP ãCU SUBMIT7-23-21Copyright 2019 by Arby's Restaurant Group--Drawings and specifications asinstuments of sevice are and shallremain the property of the architectwhether the project for which theyare made is executed or not. Theyare not to be used by the owner oranyone else on other projects orextensions to this project except byagreement in writing and withappropriate compensation to theArchitect.Protected by U.S. copyright law.601 Papworth Ave. Suite 200 Metairie, LA 70005 504. 838.8091 Bert J. Turner A r c h i t e c t*REFERENCE ONLYAS1.0ADA CONCRETE CURB RAMP DETAIL1/2" = 1'-0"1PRIOR TO STARTING CONSTRUCTION, THE CONTRACTOR SHALL MAKE CERTAIN THAT ALL REQUIRED PERMITS AND APPROVALSHAVE BEEN OBTAINED. NO CONSTRUCTION OR FABRICATION SHALL BEGIN UNTIL THE CONTRACTOR HAS RECEIVED ANDTHOROUGHLY REVIEWED ALL PLANS AND OTHER DOCUMENTS APPROVED BY ALL OF THE PERMITTING AUTHORITIES.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THESE PLANS AND SPECIFICATIONS AND THE REQUIREMENTS ANDSTANDARDS OF THE LOCAL GOVERNING AUTHORITY. CONTRACTOR ,SHALL VERIFY AND INCORPORATE INTO THE WORK ALLPERMIT REVIEW COMMENTSTHE SITE PLAN SHEETS ARE BASED ON A SURVEY BY LANDMARK SURVEYING INC DATED JULY 18TH 2017, PROJECT No. 17-0172-1FOR ALL INFORMATION ON EXISTING FEATURES, SERVITUDE, PROPERTY LINES, UTILITIES,AND ETC. SEE SURVEY.THE OWNER HAS NOT PROVIDED A SUBSOIL INVESTIGATION REPORT FOR THIS PROJECT. 1500 PSI SOIL HAS BEEN ASSUMED FORPAVING DESIGN. SHOULD THE CONTRACTOR ENCOUNTER POOR SOILS ARE CONDITIONS, THE ARCHITECT MUST BE NOTIFIEDPRIOR TO PROCEEDING.THE GENERAL CONTRACTOR AND ALL SUBCONTRACTORS SHALL VERIFY THE SUITABILITY OF ALL EXISTING AND PROPOSED SITECONDITIONS INCLUDING GRADES AND DIMENSIONS BEFORE COMMENCEMENT OF ANY CONSTRUCTION. IN THE EVENT OF ANYCONFLICT AND PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION, IMMEDIATELY NOTIFY THE CONSTRUCTION SUPERVISOR.MINOR ADJUSTMENTS OF FINISH GRADES TO ACCOMPLISH SPOT DRAINAGE ARE ACCEPTABLE, IF NECESSARY, UPON APPROVALOF CONSTR. SUPERVISOR. PAVING INSTALLED SHALL "FLUSH OUT " AT ANY JUNCTURE WITH EXISTING PAVING.TRAFFIC CONTROLS: ANY WORK IN THE ROADWAY OR ADJACENT TO THE ROADWAY CAUSING AN INTERFERENCE TO VEHICULARTRAFFIC REQUIRES PRIOR NOTIFICATION TO THE AUTHORITY HAVING JURISDICTION'S TRAFFIC DIVISION AND CONFORM TO THEREQUIREMENTS OF THE UNIFORM MANUAL ON TRAFFIC CONTROL DEVICES OF THE STATE OF LOUISIANA. THE CONTRACTORMUST FURNISH ALL NECESSARY TRAFFIC SIGNS AND/OR BARRICADES, AND MAINTAIN THEM DURING THE CONSTRUCTION PERIOD.ADA PAVING / SIDEWALKSSIDEWALKS:RUNNING SLOPE: 5% MAXCROSS SLOPE: 2% MAXADA PARKING STALLS AND ACCESS AISLE:2% MAX ANY DIRECTIONADA RAMP:RUNNING SLOPE: 1/12 MAXCROSS-SLOPE: 2% MAX1. THERE SHALL BE NO CHANGE IN ELEVATION BETWEEN ANY ADA RAMP EDGE, LANDING AND PARKING SURFACE.2. ALL ADA RAMP SLOPES SHALL BE COORDINATED w/ ARCHITECTURAL PLANS. VERIFY RAMP RISE DOES NOT EXCEED 6". IF RAMPRISE EXCEEDS 6", PROVIDE HANDRAILS ON BOTH SIDES OF RAMP AS REQUIRED BY ADA.3. ALL NEW CURBS ADJACENT TO WALKS AROUND BUILDING SHALL NOT EXCEED 5" IN HEIGHT.4. ALL EXTERIOR DOORS SHALL HAVE A 5'x5'(MIN) LEVEL LANDING w/ MAX SLOPE OF 2% IN ANY DIRECTION w/18" CLEARUNOBSTRUCTED SPACE AT LATCH OF PULL SIDE OF DOOR.5. MAX 1/4" STEP AT DOOR THRESHOLD. LANDING TO BE 1/4" (MAX) BELOW INTERIOR FLOOR FINISH.6. SLOPES ON SIDEWALKS, PARKING STALLS, ACCESS AISLE AND RAMPS SHALL BE AS FOLLOWS:GENERAL SITE PLAN NOTES1. THERE SHALL BE NO CHANGE IN ELEVATION BETWEEN ANY ADA RAMP EDGE, LANDING AND PARKINGSURFACE.2. ALL ADA RAMP SLOPES SHALL BE COORDINATED w/ ARCHITECTURAL PLANS. VERIFY RAMP RISE DOES NOTEXCEED 6". IF RAMP RISE EXCEEDS 6", CONTACT ARCHITECT FOR CLARIFICATION. PROVIDE HANDRAILS ONBOTH SIDES OF RAMP AS REQUIRED BY ADA.3. ALL NEW CURBS ADJACENT TO WALKS AROUND BUILDING SHALL NOT EXCEED 6" IN HEIGHT.4. ALL EXTERIOR DOORS SHALL HAVE A 5'x5'(MIN) LEVEL LANDING w/ MAX SLOPE OF 2% IN ANY DIRECTION.5. MAX 1/4" STEP AT DOOR THRESHOLD. LANDING TO BE 1/4" (MAX) BELOW INTERIOR FLOOR FINISH.6. ADJUST ENTRANCE DOOR CLOSERS TO COMPLY WITH ADA FOR TIME AND PULL WEIGHT.GENERAL ADA NOTES01SITE PLAN1/16"=1'-0"AS1.0TYP. VAN ACCESS HANDICAP SPACESCALE: N.T.S.2TOTAL SITE PARKING CALCULATIONPLANNINGREQ'MTSSQUAREFOOTAGE(NET)SUBTOTALRESTAURANT1 PER 100SQ FT.2,335 sf23TOTAL PARKINGREQ'D23.0NEWPROPOSEDPARKINGTOTALPARKINGPROVIDED2525.0Page 63 of 144 A2.2 REAR ELEVATION 1/4" = 1'-0" 1 A2.2 SIDE ELEVATION 1/4" = 1'-0" 2 3 A4.3 D A A1 K B 100'-0" F.F.L. K 4 A4.2 1 A4.3 1 A4.2 A D K C 100'-0" F.F.L. B A2 110'-0" T.O. STOREFRONT D EQ.EQ. EQ.EQ. 4 1 10 7 6 17 B16 23 251 10 23 13 19 26 11 B1 12 2 24 17 167'-6"TYP.CLA A 25 A 25 A 1 10'-0"10'-0"CLEQ. A1 B 7 17 B 16 A1 7 B 16 1 18 B B 17B17B16 B 17 B 16 A1 7 A1 7A17 A1 7 A216 C9 A216 A1 18 A2 A 7'-6"TYP.118'-11 1/4" T.O. FRAMING 117'-0 1/2" T.O. FRAMING 117'-3 1/2" T.O. FRAMING 118'-11 1/4" T.O. FRAMING 117'-0 1/2" T.O. FRAMING SIM 5 A4.35 A4.2 22 21 A1 8 K B A1 8 A18 D13 3 B 17 1'-0"6'-8"6'-8"EQ. EXTERIOR ELEVATIONS SHEET: ISSUE DATE A2.27/12/2021 4:34 PMINSPIRE DUAL NARROW4104 W. Elm StreetMcHenry, ILARBY'S RESTAURANT GROUPã CU SUBMIT 7-23-21 Copyright 2019 by Arby's Restaurant Group -- Drawings and specifications as instuments of sevice are and shall remain the property of the architect whether the project for which they are made is executed or not. They are not to be used by the owner or anyone else on other projects or extensions to this project except by agreement in writing and with appropriate compensation to the Architect. Protected by U.S. copyright law.601 Papworth Ave. Suite 200 Metairie, LA 70005 504. 838.8091Bert J. TurnerA r c h i t e c t#CODED NOTES (ALL CODED NOTES MAY NOT BE USED) 1. PRE-FINISHED METAL COPING. 2. PRE-FABRICATED METAL CANOPY/ACCENT BAND. 3. HOSE BIBB, REFER TO PLUMBING DRAWINGS. 4. PRE-FABRICATED METAL POST FOR CANOPY. 5. ARBY'S SIGNAGE, MOUNT ON CANOPY/ACCENT BAND. REFER TO SIGNAGE VENDOR DRAWINGS. 6. PAINT DOOR AND FRAME. 7. EIFS WALL SYSTEM. 8. EIFS CORNICE. 9. EIFS WALL SYSTEM WITH 4" O.C. V-GROOVE REVEALS. REFER TO 2/A4.4. 10. EIFS ACCENT BAND. 11. DRIVE THRU WINDOW. PROVIDE STAINLESS STEEL SILL. 12. WALL MOUNTED LIGHT FIXTURE. 13. 6"CONC. FILLED STEEL PIPE BOLLARD, PAINT YELLOW. 14. CENTER LIGHT FIXTURE ON STOREFRONT BELOW. 15. PAINT ROOF LADDER 16. BRICK VENEER. RUNNING BOND. 17. BRICK ROWLOCK SILL. 18. BRICK CORNICE, SOLDIER COURSE. 19. ELECTRICAL EQUIPMENT. 20. GAS METER. REFER TO MEP DRAWINGS FOR EXACT LOCATION. PAINT TO MATCH BRICK. 21. GREASE OUTLET. 22. Co2 HOOKUP. 23. COOLER/FREEZER, PAINT TO MATCH EIFS. 24. ALUMINUM STOREFRONT. 25. PREFABRICATED SCUPPER BOX. MATH COLOR TO ADJACENT WALL COLOR. REFER TO DETAIL 6/A1.2 26. CONTINUE BRICK VENEER BEHIND ELECTRIC EQUIPMENT. COORDINATE SIZE WITH ELECTRICIAN. DO NOT INSTALL ROWLOCK BEHIND ELECTRICAL EQUIPMENT. 27. ARBY'S HAT SIGNAGE MOUNT ON BRICK WALL REFER TO SIGNAGE VENDORS DRAWINGS. FINISH SCHEDULE A. PAINT ALL EXPOSED METERS, SERVICE ENTRANCES, GAS PIPE, ROOF ACCESS LADDER, ETC. TO MATCH ADJACENT EXTERIOR WALL SURFACE. B. PROVIDE TEMPORARY MASKING OF EXPOSED STAINLESS STEEL DURING ACID WASHING OF MASONRY. C. PROVIDE SOLID MASONRY UNITS AT THE ENDS OF JAMBS , SILLS, ETC. D. TO HELP PREVENT EFFLORESCENCE ALL MASONRY UNITS ARE TO BE MANUFACTURED WITH INTEGRAL WATER REPELLANT. WATER REPELLENT ADMIXTURE IS TO BE MIXED IN AND PRE-WASHED SAND IS TO BE USED IN ALL MORTAR MIXES. E. MAKE SURE THAT WALL WEEPS AND FLASHING ARE INSTALLED CORRECTLY. DO NOT BLOCK WEEPS. F. REFER TO SHEET A8.2 FOR TEMPERED GLASS LOCATIONS. G. ALUMINUM STOREFRONT TO BE DARK BRONZE. H. ALL GLAZING TO BE 1" INSULATED GLAZING. I. BASIS OF DESIGN FOR THE EIFS WALL SYSTEM IS DRYVIT OUTSULATION PLUS MD. EIFS WALL SYSTEM IS 2" THICK UNLESS NOTED OTHERWISE. INSTALL EIFS PRODUCT IN STRICT ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS AND DETAILS. INSTALL EIFS WALL SYSTEM OVER FLUID APPLIED MEMBRANE. J. SIGNAGE IS SHOWN FOR REFERENCE ONLY. FINAL SIZE, LOCATION AND QUANTITY TO BE DETERMINED BY SIGNAGE VENDOR. SIGNAGE VENDER SHALL PERMIT ALL SIGNS UNDER SEPARATE COVER. K. REFER TO ELECTRICAL DRAWINGS FOR EXTERIOR LIGHTING SPECIFICATIONS. L. PAINT ALL EXPOSED BRICK LINTELS TO MATCH STOREFRONT. M. ALL WALL MOUTED LIGHT FIXTURES TO BE SET IN CONTINUOUS BEAD OF CAULK AND THEN SHALL BE SEALED TO WALL WITH SEPARATE BEAD OF CAULK. CAULK TO MATCH ADJACENT SURFACE. N. PAINT EIFS WALL BEHIND ACCENT BAND RED. EXPOSED EIFS EDGE BELOW ACCENT BAND TO MATCH METAL ACCENT BAND. O. ALL BRICK VENEER SHALL BE A RUNNING BOND, U.N.O. ALL BRICK SHALL BE INSTALLED FLUSH. U.N.O. (EXCEPTIONS INCLUDE: ROWLOCK SILL, SOLDIER COURSE HEADER AT DRIVE THRU WINDOW AND BRICK CORNICE) MARK MANUFACTURER DESCRIPTION NOTES FINISHES DRYVIT EIFS WALL SYSTEM COLOR: ARBY081030 TEXTURE: STANDARDA1 A2 SHERWIN WILLIAMS SW #6869 STOPD F H J K SATIN FINISHSW #7005 PURE WHITE METALS A FOR USE WITH DURO-LAST ROOFING SYSTEM DETAIL FA3110 TWO-PIECE SNAP-ON METAL COPING BONE WHITE/ DURO-LAST #SR.70/TE.87 SHERWIN WILLIAMS --- D NOT USED --- B EXCEPTIONAL METALS/ DURO-LAST PRE-FABRIACTED POST EXCEPTIONAL METALS/ DURO-LAST SATIN FINISH TWO-PIECE SNAP-ON METAL COPING MIDNIGHT BRONZE/ DURO-LAST #SR.26/TE.87 FOR USE WITH DURO-LAST ROOFING SYSTEM DETAIL FA3110 --- NOT USED ------ B C NOT USED ---E --- G DRYVIT EIFS WALL SYSTEM WITH V-GROOVE REVEALS COLOR: ARBY131030 TEXTURE: STANDARD SW #2808 ROOKWOOD DARK BROWN SHERWIN WILLIAMS SATIN FINISH C PRODUCT CODE: 9940-30198R PRODUCT NAME: FC SD RAL 3000 FLAME RED PRE-FABRIACTED CANOPY/BAND --- PRODUCT CODE: 9840-80957R PRODUCT NAME: FC SD RAL 8017 CHOC. BROWN BELDEN BRICK ALASKA WHITE BELDEN BRICK TEXTURE: VELOUR GROUT: CEMEX GRAY TYPE N 1000 TEXTURE: SMOOTH GROUT: CEMEX 36-A MOCHA, TYPE N 8601 DARK NOT USED ------Page 64 of 144 Page 65 of 144 ℄ 118'-11 1/4" T.O. FRAMING 117'-3 1/2" T.O. FRAMING 110'-0" T.O. STOREFRONT/B.O. CANOPY 100'-0" F.F.L. B B C C B A2 A2 C 4 A4.1 A2.1 FRONT ELEVATION 1/4" = 1'-0" 1 A2.1 SIDE ELEVATION 1/4" = 1'-0" 2 C 100'-0" F.F.L. B 110'-0" T.O. STOREFRONT C 117'-0 1/2" T.O. FRAMING 118'-11 1/4" T.O. FRAMING A D K 1 A4.2 5 A4.3 4 A4.3 G A D 16 7 2 1 17 1 9 5 2 A C 16 B 17 B 7 27 18 16 9 2 24 4 17 16B B 17 2 A4.3 1 1 10 23 13'-3"TYP.7'-6"TYP.20CLA1 9 17 B24 24 A1 7 A1 7 A2 A1 7 A 1 18A2 24 A A1 7 A1 7 24B17 B17 A2 A1 EQ.EQ.1'-0"SIM 117'-3 1/2" T.O. FRAMING 2 A4.2 1 18 A2 1216A2 15 1 B 12 3 A2 A2 B 1 8A1 12 141214 B16 16A2 1'-0"12 A2 EQ.EQ. 17 A224 10'-0"10'-0"4'-0" 1 A4.2 3 A4.2 SIM EXTERIOR ELEVATIONS SHEET: ISSUE DATE A2.17/12/2021 4:34 PMINSPIRE DUAL NARROW4104 W. Elm StreetMcHenry, ILARBY'S RESTAURANT GROUPã CU SUBMIT 7-23-21 Copyright 2019 by Arby's Restaurant Group -- Drawings and specifications as instuments of sevice are and shall remain the property of the architect whether the project for which they are made is executed or not. They are not to be used by the owner or anyone else on other projects or extensions to this project except by agreement in writing and with appropriate compensation to the Architect. Protected by U.S. copyright law.601 Papworth Ave. Suite 200 Metairie, LA 70005 504. 838.8091Bert J. TurnerA r c h i t e c t#CODED NOTES (ALL CODED NOTES MAY NOT BE USED) 1. PRE-FINISHED METAL COPING. 2. PRE-FABRICATED METAL CANOPY/ACCENT BAND. 3. HOSE BIBB, REFER TO PLUMBING DRAWINGS. 4. PRE-FABRICATED METAL POST FOR CANOPY. 5. ARBY'S SIGNAGE, MOUNT ON CANOPY/ACCENT BAND. REFER TO SIGNAGE VENDOR DRAWINGS. 6. PAINT DOOR AND FRAME. 7. EIFS WALL SYSTEM. 8. EIFS CORNICE. 9. EIFS WALL SYSTEM WITH 4" O.C. V-GROOVE REVEALS. REFER TO 2/A4.4. 10. EIFS ACCENT BAND. 11. DRIVE THRU WINDOW. PROVIDE STAINLESS STEEL SILL. 12. WALL MOUNTED LIGHT FIXTURE. 13. 6"CONC. FILLED STEEL PIPE BOLLARD, PAINT YELLOW. 14. CENTER LIGHT FIXTURE ON STOREFRONT BELOW. 15. PAINT ROOF LADDER 16. BRICK VENEER. RUNNING BOND. 17. BRICK ROWLOCK SILL. 18. BRICK CORNICE, SOLDIER COURSE. 19. ELECTRICAL EQUIPMENT. 20. GAS METER. REFER TO MEP DRAWINGS FOR EXACT LOCATION. PAINT TO MATCH BRICK. 21. GREASE OUTLET. 22. Co2 HOOKUP. 23. COOLER/FREEZER, PAINT TO MATCH EIFS. 24. ALUMINUM STOREFRONT. 25. PREFABRICATED SCUPPER BOX. MATH COLOR TO ADJACENT WALL COLOR. REFER TO DETAIL 6/A1.2 26. CONTINUE BRICK VENEER BEHIND ELECTRIC EQUIPMENT. COORDINATE SIZE WITH ELECTRICIAN. DO NOT INSTALL ROWLOCK BEHIND ELECTRICAL EQUIPMENT. 27. ARBY'S HAT SIGNAGE MOUNT ON BRICK WALL REFER TO SIGNAGE VENDORS DRAWINGS. FINISH SCHEDULE A. PAINT ALL EXPOSED METERS, SERVICE ENTRANCES, GAS PIPE, ROOF ACCESS LADDER, ETC. TO MATCH ADJACENT EXTERIOR WALL SURFACE. B. PROVIDE TEMPORARY MASKING OF EXPOSED STAINLESS STEEL DURING ACID WASHING OF MASONRY. C. PROVIDE SOLID MASONRY UNITS AT THE ENDS OF JAMBS , SILLS, ETC. D. TO HELP PREVENT EFFLORESCENCE ALL MASONRY UNITS ARE TO BE MANUFACTURED WITH INTEGRAL WATER REPELLANT. WATER REPELLENT ADMIXTURE IS TO BE MIXED IN AND PRE-WASHED SAND IS TO BE USED IN ALL MORTAR MIXES. E. MAKE SURE THAT WALL WEEPS AND FLASHING ARE INSTALLED CORRECTLY. DO NOT BLOCK WEEPS. F. REFER TO SHEET A8.2 FOR TEMPERED GLASS LOCATIONS. G. ALUMINUM STOREFRONT TO BE DARK BRONZE. H. ALL GLAZING TO BE 1" INSULATED GLAZING. I. BASIS OF DESIGN FOR THE EIFS WALL SYSTEM IS DRYVIT OUTSULATION PLUS MD. EIFS WALL SYSTEM IS 2" THICK UNLESS NOTED OTHERWISE. INSTALL EIFS PRODUCT IN STRICT ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS AND DETAILS. INSTALL EIFS WALL SYSTEM OVER FLUID APPLIED MEMBRANE. J. SIGNAGE IS SHOWN FOR REFERENCE ONLY. FINAL SIZE, LOCATION AND QUANTITY TO BE DETERMINED BY SIGNAGE VENDOR. SIGNAGE VENDER SHALL PERMIT ALL SIGNS UNDER SEPARATE COVER. K. REFER TO ELECTRICAL DRAWINGS FOR EXTERIOR LIGHTING SPECIFICATIONS. L. PAINT ALL EXPOSED BRICK LINTELS TO MATCH STOREFRONT. M. ALL WALL MOUTED LIGHT FIXTURES TO BE SET IN CONTINUOUS BEAD OF CAULK AND THEN SHALL BE SEALED TO WALL WITH SEPARATE BEAD OF CAULK. CAULK TO MATCH ADJACENT SURFACE. N. PAINT EIFS WALL BEHIND ACCENT BAND RED. EXPOSED EIFS EDGE BELOW ACCENT BAND TO MATCH METAL ACCENT BAND. O. ALL BRICK VENEER SHALL BE A RUNNING BOND, U.N.O. ALL BRICK SHALL BE INSTALLED FLUSH. U.N.O. (EXCEPTIONS INCLUDE: ROWLOCK SILL, SOLDIER COURSE HEADER AT DRIVE THRU WINDOW AND BRICK CORNICE) MARK MANUFACTURER DESCRIPTION NOTES FINISHES DRYVIT EIFS WALL SYSTEM COLOR: ARBY081030 TEXTURE: STANDARDA1 A2 SHERWIN WILLIAMS SW #6869 STOPD F H J K SATIN FINISHSW #7005 PURE WHITE METALS A FOR USE WITH DURO-LAST ROOFING SYSTEM DETAIL FA3110 TWO-PIECE SNAP-ON METAL COPING BONE WHITE/ DURO-LAST #SR.70/TE.87 SHERWIN WILLIAMS --- D NOT USED --- B EXCEPTIONAL METALS/ DURO-LAST PRE-FABRIACTED POST EXCEPTIONAL METALS/ DURO-LAST SATIN FINISH TWO-PIECE SNAP-ON METAL COPING MIDNIGHT BRONZE/ DURO-LAST #SR.26/TE.87 FOR USE WITH DURO-LAST ROOFING SYSTEM DETAIL FA3110 --- NOT USED ------ B C NOT USED ---E --- G DRYVIT EIFS WALL SYSTEM WITH V-GROOVE REVEALS COLOR: ARBY131030 TEXTURE: STANDARD SW #2808 ROOKWOOD DARK BROWN SHERWIN WILLIAMS SATIN FINISH C PRODUCT CODE: 9940-30198R PRODUCT NAME: FC SD RAL 3000 FLAME RED PRE-FABRIACTED CANOPY/BAND --- PRODUCT CODE: 9840-80957R PRODUCT NAME: FC SD RAL 8017 CHOC. BROWN BELDEN BRICK ALASKA WHITE BELDEN BRICK TEXTURE: VELOUR GROUT: CEMEX GRAY TYPE N 1000 TEXTURE: SMOOTH GROUT: CEMEX 36-A MOCHA, TYPE N 8601 DARK NOT USED ------Page 66 of 144 Page 67 of 144 Page 68 of 144 Page 69 of 144 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner Bertram Irslinger, managing member of Bank Storage LLC., is proposing to construct a Cuban- themed bar/tavern with live entertainment at 4502 W. Crystal Lake Road. To accommodate the request, the petitioner will need to receive approval of the following zoning items: 1. A Zoning Map Amendment from the C-2 Neighborhood Commercial District to the C-3 Community Commercial District. 2. A Conditional Use Permit to allow a Bar/Tavern with Live Entertainment. 3. Zoning Variation to allow an interior side yard setback of 8 feet in lieu of the required 10 feet for the existing principal structure. 4. Zoning Variation to allow 28 parking spaces in lieu of the minimum 43 or more spaces required. 5. Any other Zoning Variations necessary to accommodate the proposed development. Formerly occupied by the First Midwest Bank, the petitioner is proposing to convert the existing drive-thru into an open-air smoking cigar lounge with roll up glass doors. The petitioner’s application currently states he would also potentially attract a cannabis dispensary. To clarify, this site would not be permissible to operate as a cannabis dispensary since it is not located along a state highway. The petitioner would utilize the existing warehouse as commercial storage for his other business (2nd Amendment Sports). CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends commercial land use on the subject property. The proposed use for a tavern/bar with live entertainment is a commercial use and complies with the Future Land Use Map recommendation. The proposed zoning map amendment to the C-3 Community Commercial District is in compliance with the future land use map recommendation. CURRENT LAND USE AND ZONING The subject property is currently zoned C-2 Neighborhood Commercial District. The request to rezone the property to C-3 Community Commercial District would increase the total number of permitted uses on the property.1 (See footnote for complete list) The C-2 District does not allow a tavern/bar with live entertainment; however, the C-3 District does allow live entertainment as a conditional use. Staff is currently in the process of examining the possibility of merging the 7 existing properties zoned C-1 Convenience 1 Table of Permitted and Conditional Uses by Zoning District: https://cityofmchenry.org/vertical/Sites/%7B32BA702A-197A-429A- BC8D-0F4D5E307CAD%7D/uploads/LIST-Table_of_Permitted_Use_2020_updated_8.26.2021.pdf Page 70 of 144 Commercial District & C-2 Neighborhood Commercial District in the City with the C-3 Community Commercial District. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. • Land Use, Objective – “Promote development that blends with existing development in the area especially if located within a unique sub-area”. o The subject property is located within the Crystal Lake Road Sub-Area. Development should be consistent with the plan’s recommendations. • Crystal Lake Road Sub-Area Plan – o "Building design for new, non-residential uses shall be consistent with the residential flavor of the area. Hip and gable roofs are encouraged while flat roofs are discouraged. Construction materials shall be primarily of brick or masonry." (p. 15) The development is only proposing slight modifications to the exterior of the building with the conversion of the drive-thru to an open-air cigar lounge with roll up glass doors. o "Lighting restrictions shall be considered with each proposed development to minimize light trespass and glare on nearby residential land uses." (p. 15) The development is not proposing any changes to the existing lighting on site. o "Noise restrictions shall be considered with each proposed development to minimize impacts on nearby land uses." (p. 15) The petitioner desires to have live acoustic entertainment on site from time to time. The petitioner should clarify the location of said live entertainment and whether it would be located outdoors. The Commission may wish to consider restrictions related to the location of the entertainment on site, restrict it to indoors only, and restrictions related to the use of amplification devices. o "Hours of operation shall be restricted...Retail shall maintain hours of operation, including loading and unloading, between 7 a.m. and 9 p.m." (p. 15) The petitioner application does not identify the business’ hours of operation. The petitioner should clarify this for the Commission. SITE PLAN ANALYSIS Overall, the proposed site plan is mostly consistent with the City’s Zoning Ordinance Requirements. See below staff comments for various site elements. • Parking. The site contains 28 parking spaces. Taverns require 10 parking spaces per 1,000 SF of GFA. With the conversion of the drive-thru to a habitable space, this increases the buildings footprint from approximately 2,000 square feet to 4,300 square feet. Forty-three (43) parking spaces would be required to accommodate the proposed expansion. With the conversion of the drive-thru to a seating area, there is an opportunity to add additional parking on site. The petitioner may wish to consider revising the site plan to include additional parking or the Commission may wish to consider adding a condition of approval that the petitioner shall work with staff to add additional parking on site. Conversations with the petitioner have indicated he is looking into expanding parking southeast of the proposed screened in area. • Traffic. According to the 10th Edition of the Institute of Transportation Engineers Trip Generation Manual, Drinking Places generate approximately 11.36 trips per 1,000 SF of GFA while Drive-Thru Page 71 of 144 Banks generate approximately 20.45 trips per 1,000 SF of GFA during peak PM hours. Given the prior use, staff believes the proposed use will have less of an impact than the original drive-thru bank. Located along a minor arterial roadway, staff believes there is adequate capacity to service the proposed development. • Landscaping. The petitioner has not provided a landscape plan. Staff is recommending the petitioner install parking lot perimeter landscaping which requires a 3ft high row of evergreen screening and any combination of 2 other shrub species to screen car lights from view of the right of way. • Setback. The existing drive-thru encroaches within the required side yard setback by approximately 2 feet (8 feet off the property line instead of 10 feet). The existing bank predates the 1986 Zoning Ordinance and therefore is considered legal nonconforming. The petitioner will need to receive approval of a side yard setback variance to allow the conversion of the drive-thru to a seating area. Since the site is adjacent to a parking lot, staff does not believe this encroachment will generate any adverse impacts. • Signage. Although no sign plan has been provided, the commission may wish to consider restrictions related to internally illuminated and video signage. Staff has included this as a condition of approval. • Live Entertainment. The site plan does not indicate where live entertainment will be located on site. The petitioner may wish to clarify the scope of the live entertainment provided. Staff is recommending several conditions of approval regarding sound amplification device restrictions, and that all live entertainment shall be restricted to indoors. • Lighting. The petitioner is not proposing any additional lighting on site. Staff is adding a condition of approval regarding minimizing parking lot lighting. • Business Hours of Operation. The Crystal Lake Road Subarea Plan recommends business hours of operation restriction from 7:00 a.m. to 9:00 p.m. The petitioner should clarify his hours of operation. Staff is requesting the Commission discuss whether it believes the hours of operation restriction should be added as a condition of approval. • Pedestrian Circulation. The petitioner is not proposing any improvements to pedestrian circulation. Staff has some concerns regarding the existing layout of the northern most parking area. Staff is recommending the petitioner improve the pedestrian accessibility from the northern most parking area to the principal structure. STAFF RECOMMENDATION & MOTION In summary, staff believes the development is mostly consistent with the City’s Comprehensive Plan and Development Policies. Located next to office-oriented uses, staff believes the proposed Cuban themed bar would be complimentary of the adjoining properties. Staff believes the positioning and setback distance of the principal structure will mitigate any potential adverse impacts such as noise or sound. However, staff is recommending several conditions of approval as part of the proposed development: 1. The petitioner shall revise the site plan to include additional parking that shall be reviewed by the Zoning Administrator. The Zoning Administrator may approve, approve with conditions, or deny the revised site plan and recommend back to the Planning & Zoning Commission. 2. Outdoor sound amplification devices shall be prohibited. 3. Live entertainment shall be restricted to indoor areas and shall be only acoustic in nature. 4. Internally illuminated signage and video signage shall be prohibited. This restriction does not apply to externally illuminated signage. 5. The development shall comply with all building perimeter landscaping and screening requirements. 6. No additional parking lot lighting shall be added unless required by federal, state, or local law. 7. The development shall be in substantial conformance with the submitted site plan and building elevations. Page 72 of 144 Staff is also requesting discussion on potentially restricting the hours of operation for the business as recommended by the Crystal Lake Road Subarea Plan. The petitioner will need to receive approval of a zoning map amendment to the C-3 Community Commercial District to accommodate the development. The future land use map recommends commercial use of the property. Staff does not object to the petitioner’s requests subject to appropriate conditions. If the Planning & Zoning Commission agrees with staff’s assessment, then three separate motions are recommended: 1st MOTION: A motion to approve the petitioner’s request for a zoning map amendment from the C-2 Neighborhood Commercial District to the C-3 Community Commercial District. AND By making said motion, you agree that the approval criteria for Zoning Amendments have been met as outline in the staff report. Zoning Map Amendment Approval Criteria §11-5-5 A. Compatible With Use Or Zoning of Environs. Staff believes the proposed rezoning of the property is compatible with the surrounding land use. The property located directly west of the property is also zoned C-3 Community Commercial District. B. Supported by Trend of Development West of the subject property is a property zoned C-3 Community Commercial District. Rezoning the property to C-3 would be consistent with the trend of development in the area. C. Consistent with Comprehensive Plan Objectives. Staff believes the proposed zoning map amendment is consistent with the Comprehensive Plan Objectives to support existing commercial businesses. Rezoning the property would potentially allow more opportunity to redevelop an underutilized site. D. Furthers Public Interest Staff believes rezoning the property would allow additional opportunities for economic growth within the City which furthers the public interest. 2nd MOTION: A motion to recommend approval of the petitioner’s request for a Conditional Use Permit for the operation of a tavern with live entertainment on the subject property, subject to the following Conditions: 1. The petitioner shall revise the site plan to include additional parking that shall be reviewed by the Zoning Administrator. The Zoning Administrator may approve, approve with conditions, or deny the revised site plan and recommend back to the Planning & Zoning Commission. 2. Outdoor sound amplification devices shall be prohibited. 3. Live entertainment shall be restricted to indoor areas. 4.Internally illuminated signage and video signage shall be prohibited. This restriction does not apply to externally illuminated signage. 5. The development shall comply with Chapter 13: Landscaping & Screening of the City of McHenry Zoning Ordinance. 6.No additional parking lot lighting shall be added unless required by federal, state, or local law. 7. The development shall be in substantial conformance with the submitted site plan and building elevations. 8. All other federal, state, and local laws shall be met. (Optional conditions of approval on next page) Page 73 of 144 Optional conditions of approval: 9. The petitioner shall revise the site plan to include improved pedestrian access to the principal structure such as crosswalks or additional sidewalk from the north most parking area that shall be reviewed by the Zoning Administrator. The Zoning Administrator may approve, approve with conditions, or deny the revised site plan and recommend back to the Planning & Zoning Commission. 10. The hours of operation of the proposed tavern with live entertainment shall be restricted to 7:00 a.m. to 9:00 p.m. AND by making said motion, you agree the Approval Criteria for Conditional Uses (§11-15-5) have been met as outlined in the staff report. APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below. A. Traffic. Staff does not believe approval of the petitioner’s request would generate any adverse traffic impacts. The proposed use of the property as a bar with live entertainment generates less traffic during peak PM hours than the former use of the property as a drive-thru bank. B. Environmental Nuisance. Staff does not believe approval of the petitioner’s request would generate any environmental nuisances. Staff is also recommending several conditions of approval related to lighting, and sound. C. Neighborhood Character. The proposed commercial use is appropriate and will be harmonious with the surrounding commercial and office uses. D. Public Services and Facilities. The site is serviced by City Water and Sanitary Sewer. E. Public Safety and Health. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors. 3rd MOTION: a motion to recommend approval of the petitioner’s request for the following Zoning Variations: 1. Zoning Variation to allow an interior side yard setback of 8 feet in lieu of the required 10 feet for the existing principal structure. 2. Zoning Variation to allow 28 parking spaces in lieu of the minimum 43 or more spaces required. 3. Any other Zoning Variations necessary to accommodate the proposed development. AND by making said motion, you agree the Variance Approval Criteria have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is a special circumstance because the existing principal structure predates the 1986 Zoning Ordinance and is considered legal nonconforming. B. Circumstances Relate to the Property Only. Staff believes the circumstances relate to this property and the existing layout and configuration of the buildings. Page 74 of 144 C. Not Resulting From Applicant Action. The applicant did not build the existing structures on site. D. Unnecessary Hardship. Staff believes denying the request would create an unnecessary hardship. E. Preserves Rights Conferred By District. Staff does not believe that approval of the request would be a special privilege ordinarily denied to other properties in the district. F. Necessary For Use Of Property. Staff believes the variance request is necessary for use of the building. G. Not Alter Local Character. Staff believes approval of the petitioner’s request would not alter local character since the site has operated in its current configuration for over 30 years. H. Consistent With Title And Plan. Staff believes the proposed Zoning Variations are consistent with the Comprehensive Plan. I. Minimum Variance Recommended. Staff believes the requested variations are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Page 75 of 144 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 10/04/21 10:16 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10474 Ad #: 1924992 Status: New CITY OF MCHENRY Start: 10/05/2021 Stop: 10/05/2021 333 S. GREEN ST. Times Ord: 1 Times Run: *** MCHENRY IL 60050 CLEG 1.00 X 85.00 Words: 267 Total CLEG 85.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 129.40 # Affidavits: 1 Bill Desc: FILE Z-1003 FIRST MIDWEST Descr Cont: 1924992 Contact: DEBBIE SHOEMAKER Ad Descrpt: PUBLIC NOTICE NOTICE OF Phone: (815)363-2100 Given by: CODY SHERIFF Fax#: (815)385-0916 P.O. #: Email: brostron@ci.mchenry.il.us;nt Created: bbehr 10/04/21 10:01 Agency: Last Changed: bbehr 10/04/21 10:16 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1918274 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 10/05 WEB CL 99 S 10/05 APNW CL 97 S 10/05 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) Page 76 of 144 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 10/04/21 10:16 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10474 Ad #: 1924992 Status: New PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-1003 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing using the Zoom Internet Conferencing Application which can be accessed through https://cityofmchenry.zoom. us/j/89475514561 or by dialing +1-312-626-6799 (Meeting ID: 894 7551 4561) at 7:00 P.M. on Oc- tober 20, 2021 to consider an application by Bank Storage LLC. of 409 N Front Street ("Contract Purchaser") on behalf of First Midwest Bank of 8750 W Bryn Mawr Ave, STE 1300, Chicago, IL 60631 ("Owner of Record") for the following request(s), in accordance with the City of McHenry Zoning Ordinance: A Zoning Map Amendment from C-2 Neighborhood Commercial District to C-3 Community Commercial District and a Conditional Use Permit for the operation of a Tavern & Bar with Live Entertainment or Dancing, and any other Zoning Variations necessary to accommodate the proposed development. Location: The site consists of 1.92 acres, more or less, and is located on the west corner of the intersection of Lillian Street and Crystal Lake Road with a common address of 4502 W Crystal Lake Road, McHenry, IL 60050 ("Subject Property"). PIN:09-34-201-011 The property is currently zoned C-2 Neighborhood Commercial District A copy of the application is on file and may be examined by contacting Cody Sheriff, City Planner by email at csheriff@ cityofmchenry.org or by calling 1-815-363-2181. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald October 5, 2021) 1924992 Page 77 of 144 Page 78 of 144 Page 79 of 144 Page 80 of 144 Page 81 of 144 Page 82 of 144 Page 83 of 144 Page 84 of 144 Page 85 of 144 Page 86 of 144 Page 87 of 144 PROJECT NAME: BOURBON / CIGAR BAR DESCRIPTION: EXISTING FACILITY - RETROFIT © CCC ARCHITECTURAL SERVICES; 2021 Date 10/04/21 Drawn By Checked By .ADDRESS: architecture 3930 Gloria Ct. Glenview, Illinois 60025 CCC ARCHITECTURAL SERVICES 312.203.2434 SHEET NUMBER: OF 1 PROJECT NUMBER: 21-01.1Previous IssuesMcHENRY, IL . Date . .ELEV-1 1 CCC CCC commercial / retail planningSCALE:1 1/8" = 1'-0" SOUTH ELEVATION NORTH Page 88 of 144 Imagery date: 5/29/21–newer 10 m Camera: 355 m 42°20'25"N 88°17'06"W 249 m Page 89 of 144 Page 90 of 144 Page 91 of 144 Page 92 of 144 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Commonwealth Development Corp of America (Contract Purchaser), is proposing to construct a three-story, 50-unit, apartment building at 914 N Front Street (Former Roller Rink). Upon completion, the proposed development will consist of 16 one-bedroom units, 9 two-bedroom units, and 25 three-bedroom units. The developer will need to receive approval of the following zoning items to accommodate the development: • A Use Variation to allow a multifamily apartment building within the C-5 Highway Commercial District. • A Zoning Variation to allow a corner side yard setback of 19’ in lieu of the required 30 feet. • A Zoning Variation to allow 100 parking spaces in lieu of the required 124 spaces. • Any other variations necessary to accommodate the proposed development. The developer will be applying for the Illinois Housing Development Authority’s Low Income Housing Tax Credit (LIHTC) to construct the development. This program requires developers to set aside all units for residents earning 30-80 percent or less of the prevailing McHenry County Area Median Income (AMI). CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. • The petitioners must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE AND ZONING The subject property is currently zoned C-5 Highway Commercial District. The site was formely occupied by Just for Fun Roller Rink, tragically the principal structure was destroyed due to arson. The City is in the process of condemning the site because the property owner has failed to remediate the existing debris from the structure fire. Primarily surrounded by commercial, a portion of the property abuts a single-family home on the southeast corner of the property. Center Street Park is located directly east of the subject property. Staff is recommending the petitioners provide a safe pedestrian access in addition to either upgrading the existing equipment or providing a monetary donation to the City. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends commercial use of the property. The proposed use of the property for multifamily is not consistent with the Future Land Use Map recommendation. The subject property is within the Main Street Sub-Area Plan boundaries which also recommends office or entertainment use opportunities for the site. However, the subarea plan does recommend multifamily on the property directly west of the subject property. Page 93 of 144 COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies and the Main Street Subarea Plan Goals and Objectives. Staff comments italicized. Land Use • Policy: “Encourage redevelopment of older commercial areas by adopting Sub-Area Plans or working through the different sections of the Plan to help facilitate the development.” (p. 27) The subject property is located within the Main Street Sub-Area Plan. • Policy: "Promote high-density residential only in areas where transportation services exist to facilitate the efficient movement from home to work or services for the residents." (p. 28) The property is within 0.25 miles of the Metra Station and would be considered a transit-oriented development 1. Transportation • Policy: “Avoid creating through traffic on local streets.” (p. 41) Located on a state highway, staff believes there is adequate capacity to service the development and not burden local roads and streets. Main Street Subarea Plan – Overall Goal: “The goal of the Main Street Sub-Area Plan is to provide guidelines that will foster redevelopment of the area into a mixed-use and pedestrian-friendly neighborhood, taking advantage of public transportation options, while maintaining the existing historical integrity of the sub-area.” (p. 12) Overall, staff believes the proposed development is somewhat consistent with the plan for the Main Street Subarea. Approval of the plan would be supportive of promoting a walkable pedestrian-friendly neighborhood that is able to take advantage of public transportation options. Main Street Subarea Plan – Land Use Objectives and Policies • “Promote high-density residential development in the area near the Metra station.” (p. 12) The proposed development is in conformance with the Main Street Plan recommendation since it is located within 0.25 miles of the train station. • “Minimize impacts of existing and new development on older established residential neighborhoods.” (p. 12) The petitioner is proposing a single access point on IL-31. Staff does not believe the proposed development will generate any adverse impacts on the surrounding properties. • “Redevelop sites [south of John St] for office or entertainment use opportunities.” (p. 20) The petitioner is not in compliance with this recommendation. The Commission should take into consideration whether the request is consistent with existing trends in development or if the request is in response to a change in the environment. (Staff report continues next page) 1 Transit Oriented Developments are typically within walking distance of a train station which equates to approximately 0.25-0.5 miles. Page 94 of 144 SITE PLAN ANALYSIS Overall, the proposed site plan is in substantial conformance with the City’s Zoning Ordinance with only a few minor exceptions. See below staff comments for various site elements. • Parking. The petitioner is proposing a total of 100 parking spaces in lieu of the required 124 spaces. As noted in the prior Authentix Multifamily Development, the City’s Parking Ordinance requirements are excessive in comparison to other municipalities. Staff is comfortable with the proposed parking composition of 2.0 spaces per dwelling unit. Multifamily Apartments Required Parking # units Required Spaces Total Studio 1.5 0 0 1 2 16 32 2 2.33 9 20.97 3 2.33 25 58.25 Total 50 111.22 Visitor Parking 0.25 50 12.5 Total Required Parking 123.72 Proposed Parking 100 • Landscaping & Screening. The petitioner has provided a landscape plan that appears to be mostly in compliance with the Ordinance. Parking Lot Perimeter Landscaping requires the installation of at least two (2) other species of shrub (missing) in addition to a 3-foot high wall of evergreen screening. Staff believes the lack of shrubs was more of an oversite rather than a sought-after variation. Staff is recommending the petitioner comply with the Ordinance. • Fencing. The petitioner is not currently proposing a privacy fence along the southeast corner of the property abutting single-family residential. Staff believes having such a small portion be covered by a fence would look out of place. Staff is requesting the Commission’s feedback on this item. • Density. The petitioner is proposing approximately 50 units on 2.8 acres which equates to 17.85 dwelling units per acre. The proposed density is not out of line with other multifamily developments in the city (see below table). Year Built Units Acres Density Single-Family Home Density Adjacent to Development Garden Quarter Apartments 1970s 68 units 4.7 acres 14 units/acre 3.28 units/acre Hillcrest Apartments 1982 88 units 4.89 acres 17.9 units/acre 2.33 units/acre; 2.88 units/acre; Fawn Ridge Trails Apartments 1988 208 units 10.75 acres 19.3 units/acre Southgate Apartments 1977 64 units 3.55 acres 18 units/acre 2.55 units/acre Authentix 2021 288 units 20 acres 14.4 units/acre 2.55 units/acre Page 95 of 144 • Setback Variation. To the north of the subject property is an unimproved road right-of-way. The north property line therefore is considered a corner side yard. The ordinance requires a 30’ setback from the corner side yard in the C-5 Highway Commercial District. However, staff will be proposing to vacate the roadway in the event their grant application is successful. Vacating the roadway would bring the development into compliance with the ordinance requirements. • Center Street Park. The petitioner is not proposing to provide any outdoor playground areas. Located next to a City park, staff is recommending the petitioners revise their site plan to include a pedestrian access point to the park. Staff will also be recommending the petitioner work with the city to improve the park or provide a monetary donation. STAFF RECOMMENDATION & MOTION In summary, staff believes the proposed development would have a positive impact on the local economy. Although the development is inconsistent with the Main Street Subarea Plan recommendation for entertainment/office space use, the plan does recommend multifamily land use directly west of the site. The site is also less than 500 feet away from at least two other multifamily developments in the area. The Commission should discuss whether the proposed development with a change in conditions and other trends in development in the area. Adjacent to a state highway, staff does not believe there will be any adverse impacts on the surrounding properties. Staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. If the Planning & Zoning Commission agrees with staff’s assessment, then two separate motions are recommended: MOTION: A motion to recommend approval of the petitioner’s request for a Use Variation to allow a 50-unit multifamily development at 914 N Front Street, subject to the following conditions: 1. The property owner shall revise the site plan to provide safe pedestrian access to Center Street Park which shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, approve with conditions, or deny the revisions and recommend back to the Planning & Zoning Commission. 2. The property owner shall enter into a development agreement with the City of McHenry to provide improvements to the Center Street Park or a fee in lieu of providing improvements. 3. The development shall comply with Chapter 13: Landscaping and Screening of the City of McHenry Zoning Ordinance. 4. All development shall be in substantial conformance with the submitted site plan, landscape plan, and building elevations. 5. All other federal, state, and local laws shall be met. AND by making said motion, you agree the Approval Criteria for Use Variations have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship upon the applicant. Page 96 of 144 B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. Staff believes the subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations. C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe this is a unique circumstance. The proposed use of the property for multifamily residential is consistent with other multifamily development less than 500 feet from the subject property. The Main Street Subarea Plan also recommends multifamily directly west of the subject property. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area and would have a positive economic impact on the surrounding businesses. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan. The site is within 500 feet of several other multifamily developments and the Main Street Subarea Plan recommends multifamily land use directly west of the subject property. 2nd MOTION: I motion to approve the petitioner’s request for the following zoning variations: 1. A Zoning Variation to allow a corner side yard setback of 19’ in lieu of the required 30 feet. 2. A Zoning Variation to allow 100 parking spaces in lieu of the required 124 spaces. 3. Any other variations necessary to accommodate the proposed development. Subject to the condition that the development be in substantial conformance with the submitted site plan, landscape plan, and building elevations. AND By making said motion I agree with staff’s assessment that the approval criteria for zoning variances have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance. The City plans to vacate the proposed right-of-way in the future which would bring the development in compliance with the Zoning Ordinance. The City’s parking regulations have been noted in prior developments to be excessive. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as a result of the property being located adjacent to an unimproved right-of-way. Staff will be proposing to vacate the unimproved right of way which would bring the property into compliance with the Ordinance. The City’s parking regulations, as noted before, are excessive and have been allowed to be reduced in prior developments. C. Not Resulting From Applicant Action. The applicant did not create unimproved right-of-way which is planned to be vacated in the future to bring the property into compliance with the Zoning Ordinance. The applicant did not create the City’s parking regulations. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship on the applicant since other properties have been granted similar parking variation requests. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Page 97 of 144 Staff believes that without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the applicant’s request would not substantially alter essential character of the locality nor have any other adverse impacts. Improvements to the subject property would positively impact the surrounding area. H. Consistent With Title And Plan: Staff believes the proposal is appropriate given its proximity to the downtown which is consistent with the Comprehensive Plan recommendation for increasing overall density in the downtown area. I. Minimum Variance Recommended: Staff believes the proposed variance requests are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Page 98 of 144 7447 UNIVERSITY AVENUE, SUITE 210 MIDDLETON, WI 53562 (608) 824-2290 FAX (608) 260-7832 WWW.COMMONWEALTHCO.NET , 2021 City of McHenry 333 South Green Street McHenry, IL 60050 Re: Proposed DOMAIN Development – 914 Front Street Dear Mayor Jett, Council Members, and City Staff, Commonwealth Development Corporation of America is requesting a Use Variation to permit the proposed DOMAIN multi-family development consisting of fifty dwelling units for the property located on 914 Front Street. The proposed unit mix entails 16-one bedrooms, 9-two bedrooms, and 25-three bedrooms with rents in the realm of $400 up to $1,200. Current zoning of the forementioned property is Highway Commercial (C-5) which does not currently permit the development of a new multi-family apartment complex. For this reason, Commonwealth is seeking a Use Variation. In addition, a variance is being requested to decrease the required parking stalls to permit 100 stalls in total providing a 2:1 ratio for future tenants. We believe is more than sufficient based on Commonwealth’s 20 years of operational history demonstrating the average household requires 1.6 stalls per household. This proposal achieves this sites’ highest and best use as it is currently underutilized and presents a great opportunity for a new infill development given the proximity to amenities, transit, downtown, and more. The city of McHenry is currently experiencing a shortage in housing as development has been stagnated over the years with the average unit constructed in 1983 per the Strategic Planning Analysis conducted by Tracy Cross & Associates, Inc. (TCAI) in March of 2021. Even with the aging housing stock, TCAI’s report indicates a current vacancy rating of 0.7% demonstrating an extraordinarily strong market. TCAI suggests the addition of 320 apartment units by 2025 and while the Mayor, Council Members, and City Staff are making great strides in achieving this goal by approving multi-family developments as of recent, there must be a focus on providing high-quality units at a range of price points opposed to strictly luxury that are not affordable to a vast majority of the community. Present day apartment trends are creating a perception that a $1,000 studio/1BR apartment is affordable, when often that is not that case. For an individual making less than $3,335 a month ($40K annually) this price point is too high and places them in a “Rent Burden” in accordance with the 30-percent rule — that a household should spend no more than 30 percent of its income on housing costs. Page 99 of 144 This calculates to roughly $19 an hour. Active job postings within the city of McHenry that fall within this pay scale include Dental Receptionist, General Laborer, Caregiver, Culinary Team Member, and Security Officer to name a few. As demonstrated in this list, there are a vast majority of individuals within the McHenry workforce contributing to society on a daily basis that cannot afford the standard market-rate apartment rents that continue to climb at a breakneck pace. For this reason, Commonwealth is requesting a Use Variance along with supplemental Variances to permit the proposed development as it will benefit the existing workforce immensely while promoting future economic growth. Limited housing stock will no longer prohibit corporate expansion for the city of McHenry. If you require further information, please do not hesitate to contact me via email at t.sheeran@commonwealthco.net or by telephone at (608) 556-2939. With appreciation, Tyler Sheeran Page 100 of 144 Page 101 of 144 Page 102 of 144 Page 103 of 144 Page 104 of 144 Page 105 of 144 Page 106 of 144 Page 107 of 144 Page 108 of 144 Page 109 of 144 Page 110 of 144 Page 111 of 144 Page 112 of 144 Page 113 of 144 Page 114 of 144 Owner Mail to Address RUBINO II LLC 1515 W RIVER TERRACE DR, JOHNSBURG, IL 60051 MW ME OHALLERAN 915 CENTER ST, MCHENRY, IL 60050 R C M J TR 2012 1 BECKER 3108 CHARLOTTE AVE, MCHENRY, IL 600505827 CHGO TITLE LAND TR CO TR 2264 B8000226456 10 S LASALLE ST STE 2750, CHICAGO, IL 60603 ALTHOFFS GAS SVC INC 8001 S IL RT 31, CRYSTAL LAKE, IL 600148184 PADOVA PROP LLC 909 SERIES 1427 DUNHEATH DR, INVERNESS, IL 60010 BAGGIO PROP LLC AUTO CENTER 3860 VALLEY VIEW RD, PRAIRIE GROVE, IL 60012 Adjacent Property Owners Page 115 of 144 Page 116 of 144 Page 117 of 144 Page 118 of 144 Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Northpointe Development Corporation (Contract Purchaser), is proposing to construct a 54- unit planned multifamily integrated design district development at 812 N Mill Street called Taylor Place Apartments. To accommodate the proposed development, the petitioner is requesting Preliminary Plan approval prior to submitting their Final Plans. Upon completion, the proposed development will consist of: • A new three-story, forty-six-unit (46) apartment building. • A new two-story, four-unit (4) townhome building. • An adaptively reused, two-story, four-unit (4) townhome building (Identified as the beige building). • An adaptively reused, one-story, community room building featuring a fitness room, leasing office, and common space. The developer will be applying for the Illinois Housing Development Authority’s Low Income Housing Tax Credit (LIHTC) to construct the development. This program requires developers to set aside all units for residents earning 30-80 percent or less of the prevailing McHenry County Area Median Income (AMI). CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Development Review, listed in §11-11-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends commercial use of the property. The proposed use of the property for multifamily is not consistent with the Future Land Use Map recommendation. The subject property is within the Main Street Sub-Area Plan boundaries. The plan identifies the future land use of the project area as mixed use commercial and residential. The proposed development is somewhat consistent with this recommendation. CURRENT LAND USE AND ZONING The subject property is currently zoned I-1 Industrial District and has been utilized for commercial warehousing and storage. The primary concern for the proposed development is traffic impact and how the proposed use will blend in with the surrounding properties. The subject property, also known as the historic mill or Hanly’s Mill, was first constructed in the 1870s. The single-family residential subdivision to the south was plated in 1893. For the past 120+ years, an industrial use has located next to the existing residential neighborhood. The proposed multifamily development would be considered a less intense use compared to industrial. Page 119 of 144 Page 120 of 144 COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies and the Main Street Subarea Plan Goals and Objectives. Staff comments italicized. Land Use • Policy: “Promote the Integrated Design District land use for unique or urban properties in the City.” (p. 27) The petitioner is proposing to preserve the historic mill building which was a wood mill in the 1870s and then later the home of Taylor Made Golf. With multiple buildings, the Integrated Design District is appropriate to accommodate the adaptive repurpose of the existing mill structure with the added multifamily housing. • Policy: “Encourage redevelopment of older commercial areas by adopting Sub-Area Plans or working through the different sections of the Plan to help facilitate the development.” (p. 27) The subject property is located within the Main Street Sub-Area Plan. • Policy: "Promote high-density residential only in areas where transportation services exist to facilitate the efficient movement from home to work or services for the residents." (p. 28) The property is adjacent to the Metra Station and would be considered a transit-oriented development 1. • Policy: “Encourage IDD land use and zoning to facilitate the completion of multi-use projects located on urban sites.” (p. 29) The developer is proposing to construct a new 46-unit apartment building, adaptively reuse the historic mill site by converting it into 2, 4-unit townhome buildings with amenities and construct a new 4-unit townhome building. With multiple buildings, staff believes the proposed IDD development is appropriate. Transportation • Policy: “Avoid creating through traffic on local streets.” (p. 41) The proposed access on Mill Street would create through traffic on local streets. However, these access points are required for the internal circulation of emergency vehicles. It is also important to note the location is within walking distance of the Metra Station and many downtown amenities. This proximity has the added benefit of reducing trip generation. The residential subdivision to the south of the subject property was plated in 1893. Cars weren’t accessible to the workforce until after the 1920s post-WWI. As such, the layout and design of roadways for single-occupancy vehicles wasn’t a design priority because most didn’t know they needed to be. The functional classification system2 (arterials, collectors, local roads, etc.) wasn’t created by the Federal Highway Administration until 1973 and then later nationally adopted to be consistent with the states in 1995. The existing layout of the roadway is the same today as it was back in 1893. According to the Institute of Transportation Engineers (ITE), during peak PM hours (4-6PM), suburban low-rise apartments/townhomes generate approximately 0.56 trips per unit. This equates to 30.24 cars between 4-6PM (15.12 cars/hour). Staff does not believe the proposed development would have a significant impact on the adjacent neighborhood. 1 Transit Oriented Developments are typically within walking distance of a train station which equates to approximately 0.25-0.5 miles. 2 Functional classification is the process by which streets and highways are grouped into classes according to the character of service they are intended to provide. http://ced1.org/wp-content/uploads/2010/03/ODOT-Hwy-funtional-classification-guide.pdf Page 121 of 144 Main Street Subarea Plan – Overall Goal: “The goal of the Main Street Sub-Area Plan is to provide guidelines that will foster redevelopment of the area into a mixed-use and pedestrian-friendly neighborhood, taking advantage of public transportation options, while maintaining the existing historical integrity of the sub-area.” (p. 12) Overall, staff believes the proposed development is consistent with the plan of the Main Street Subarea. Being located within one of the more historic areas, the Commission should provide feedback on the proposed building elevations and small site details to complement the character of the downtown. Main Street Subarea Plan – Land Use Objectives and Policies • “Promote high-density residential development in the area near the Metra station.” (p. 12) The proposed development is in conformance with the Main Street Plan recommendation. • “Minimize impacts of existing and new development on older established residential neighborhoods.” (p. 12) The petitioner is proposing two full access points off Mill Street with an additional full access on Main Street. The residential subdivision to the south of the subject property is the Hanly’s 1st and 2nd Addition to West McHenry Subdivision that was originally plated in 1893. The Mill itself was built around 1870. Based on the estimated traffic generated during peak hours, staff does not believe the proposed use would have a significant impact on the existing neighborhood. • “As existing industrial uses west of the railroad tracks turn over or relocate, development of these sites should be mixed-use with non-residential on first floor and residential on remaining floors, with potential of having underground parking.” (p. 14) The proposed development is somewhat consistent with this recommendation; however, there is no commercial use proposed on the first floor of the development. • “Maintain historic Mill building as commercial/office property.” (p. 18) The proposed development is somewhat consistent with this recommendation. The Mill is being adaptively repurposed into a two-story, 4-unit, townhouse with a community space in the red brick building. SITE PLAN ANALYSIS Overall, the proposed site plan is mostly consistent with the City’s Zoning Ordinance Requirements. See below staff comments for various site elements. • Parking. The petitioner is proposed a total of 110 parking spaces in lieu of the required 131 spaces. As noted in the Authentix Development, the City’s Parking Ordinance requirements are excessive in comparison to other municipalities. Staff is comfortable with the proposed parking composition. However, the petitioner will most likely be revising their site plan to incorporate additional green space at the request of City Council. This may result in a reduction in parking. Multifamily Apartments Required Parking # units Required Spaces Total Studio 1.5 0 0 1 2 22 44 2 2.33 11 25.63 Page 122 of 144 3 2.33 13 30.29 99.92 Townhomes Required Parking # units Required Spaces Total Studio 1.5 0 1 2 2 4 2 2.33 2 4.66 3 2.33 4 9.32 Total Spaces 17.98 Total Required Visitor Parking 13.5 Total Required Resident Parking 117.9 Total Residential and Visitor Parking 131.4 Proposed Parking 110 Proposed Spaces/ Dwelling Unit 2.037037037 • Landscaping & Screening. The petitioner has provided a preliminary landscape plan for the Commission’s review. Much of the existing site is covered in impervious surface. Staff believes the proposed landscaping will be a significant improvement to the site. The petitioner is also proposing to preserve the existing mature trees along Mill Street. Staff will be recommending a tree survey prior to their final submittal. • Density, Bulk, and Setback Information. The petitioner is proposing approximately 54 units on 2.9 acres which equates to 18.6 dwelling units per acre. The most recent downtown development was on Green Street with the River Place Apartments which contains 27 dwelling units on a 1.02-acre site (26 dwelling units per acre). The C-4 Downtown Business District allows development to build to the property line. The developer is proposing a 25-foot setback along Mill Street. • Pedestrian Circulation. Currently, there are no sidewalks proposed on Mill Street. Staff is recommending the petitioners provide sidewalk in the right of way along with curb. Staff is also recommending the petitioners provide a tree survey when they return for their final submittal. The developer should attempt to preserve the existing trees to the greatest extent possible. Page 123 of 144 STAFF RECOMMENDATION & MOTION In summary, staff believes the proposed use in substantial conformance with the objectives and goals of the City’s Comprehensive Plan and Development Policies including the Main Street Subarea Plan. Located within the historic downtown area, staff believes the proposed architectural details would blend in with the surrounding properties. Staff does not believe the proposed development would create any adverse impacts and would be a less intense use than the existing Industrial Zoning. Staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is recommended: MOTION: A motion to recommend approval of a Preliminary Plan for a Multifamily Integrated Design District Development subject to the following conditions: 1. The petitioner shall provide a tree survey of the site. 2. The petitioner shall revise the site plan to include a sidewalk and curb along Mill Street. 3. The petitioner shall preserve the existing trees along Mill Street to the greatest extent possible. AND by making said motion, you agree the Approval Criteria for Development Review has been met as outlined in the Staff Report. APPROVAL CRITERIA FOR DEVELOPMENT REVIEW (§11-11-5). Staff comments italicized below. A. In what respects is the proposed plan consistent with the City’s Comprehensive Plan and the stated purpose and intent of the IDD regulations? Staff believes the proposed plan is consistent with the Comprehensive Plan and the Intent of the IDD regulations. The Main Street Subarea plan identifies the area as being mixed use residential and commercial in addition to increasing density near the Metra Station. Staff believes the proposed development is consistent with the plan. The Main Street Subarea Plan also identifies the historic preservation and adaptive re-use of the space as office. The petitioner is proposing to utilize the front building as a community space with the conversion of the Mill structure to a 4-unit townhouse. Staff believes this is consistent with the Main Street Subarea Plan. B. To what extent does the proposed plan depart from the requirements of the City’s Zoning and Subdivision Control and Development Ordinances that are otherwise applicable to the property, including, but not limited to: density, bulk regulations and uses and the reasons why such departures are deemed to be in the public interest and/or as a result of the physical topography of the property and other circumstances unique to the property and not solely in the interest of the developer? The City of McHenry’s Parking Ordinance in comparison to other municipalities is excessive and needs to be amended to reflect modern trends. Requiring excess parking only adds to the amount of impervious surface and less green space. Staff believes the proposed amount of parking is adequate to service the development. C. To what extent and what accommodations are made for the unique topographical and/or environmental features of the property, how are they incorporated into the overall development and design of the property and management plan for the property, while preserving and maintaining the integrity and character of those features and using them for the overall benefit of the public? The petitioner is proposing to preserve the historic mill building by adaptively repurposing the site into residential townhomes and a community space. Staff believes this is a unique cultural feature of the property and that its preservation is important to the City of McHenry. Page 124 of 144 D. To what extent does the proposed plan provide adequate control for vehicular traffic and pedestrian circulation, accommodation for and protection of designated open space and further the amenities of light, air, recreation and visual enjoyment? Located within the downtown and adjacent to Fort McHenry, Prairie Path, and Metra Station, staff believes the proposed development is consistent with a transit-oriented development. Staff estimates the project will generate approximately 15 cars per hour during peak hour traffic. Staff does not believe this will generate a significant impact on the surrounding properties. E. Does the plan provide appropriate street connectivity and functional connection among buildings within the development, such as pedestrian connections, that promote the public interest and enhance the quality of life of persons within the development? The petitioner is providing a sidewalk and green space within the development. Staff is also recommending a condition of approval for the installation of sidewalk along Mill Street while preserving the existing mature trees to provide a more pleasant pedestrian experience. F. Is there a continuity of scale amongst the buildings to promote visual enjoyment, while maintaining maximum sunlight exposure? Staff believes there is a continuity of scale amongst the structure to promote visual enjoyment, while maintaining maximum sunlight exposure. G. The relationship and compatibility of the proposed plan to the adjacent properties. The developer is incorporating the existing historic mill building into the development. The development is also adjacent to the Metra Station which would classify the development as a transit-oriented development. Staff also believes the traffic generated from the site to have minimal impact on the adjacent single-family homes. The site is approximately 5 feet lower than the adjacent single family homes which allows more privacy for the adjacent single family residences. H. The desirability of the proposed plan with regard to physical development, tax base and economic well being of the City. The City of McHenry has long desired to revitalize the area west of the Metra Station. Industrial Use is not compatible with a downtown setting and a transit-oriented development would only help to improve the City’s chances of increasing the level of train service. I. The desirability of the proposed plan with regard to the burden placed on City services and facilities in relation to the public benefits that will be realized after the development of the property, including, but not limited to: sewer, water, fire, police, schools, roads and making adequate provision for those public services. Staff believes the plan is highly desirable and the public benefit received outweighs any burden on public services. J. Is the plan in conformance with existing Federal, State and other local regulations? Staff believes the proposed development is in conformance with all existing Federal, State and local regulations. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Page 125 of 144 Northpointe Development Low-Income Housing Tax Credit (LIHTC) experience Our team is uniquely experienced working in the areas of new construction family and senior multi-family housing, historic rehabilitation, and commercial development throughout the mid- west. Northpointe envisions vibrant communities that strengthen neighborhoods, enhance livelihoods, respond to the environment, and connect people and places. The company's mission is to provide sustainable housing for communities in a collaborative, honest, and transparent manner. Northpointe has a great reputation with the communities where we've developed housing. Northpointe is one of Wisconsin’s Housing Finance Authorities largest and longest-standing customers, consistently receiving the highest developer team score possible for a for-profit developer. 100% of the Housing Credit awards received by Northpointe have moved forward into quality housing developments. Northpointe and its principals have the capacity to successfully complete the project as well as secure market to above market equity pricing. Northpointe has maintained a reputation for creative problem solving. We have received numerous awards for our ability to re-think spaces and places – including: 2013 Top Projects Award Milwaukee 2015 National Historic Preservation Award 2014 Runner-Up for J. Timothy Anderson National Award for Excellence 2017 Wisconsin Trust for Historic Preservation Award 2019 Remarkable Milwaukee Award 2019 Carolyn Kellogg Historic Preservation Award Most of our portfolio utilizes the various Housing Tax Credit programs as well as other available resources including Home, TIF, Brownfield Grants, Federal and State Historic Credits. A significant number of our developments have required us to connect with government entities, including the Department of Natural Resources, HUD, IHDA, WHEDA, WEDC, the Federal Energy Regulatory Commission. Our team also has previous experience working on Choice Neighborhood and NMTC projects. Northpointe Development has made equity and inclusion work a top priority in recent years. Our work is highlighted by our partnerships with DreamLane Real Estate Group, minority-managed non-profit organizations such as Housing Opportunity Development Corporation, and our continual push for the inclusion of MBE/WBE/DBE construction sub-contractors. Top-Notch Reputation Northpointe Development is well regarded in the industry after years of successful project completions. With our track record, the City could rest assured they will be heard, and proud of Taylor Place Apartments for years to come. Page 126 of 144 The table below summarizes some of our Housing Tax Credit work: Northpointe Experience # of Units Total project costs Year Completed The Rivers Senior Living 60 $8,231,087 2011 Bayside Senior Living 24 $3,324,739 2011 Kenwood Senior Living 24 $3,519,290 2012 Fair Acre Townhomes 55 $8,730,209 2012 The Fountains of West Allis 35 $3,324,333 2012 Blackstone Cottages 24 $3,646,938 2013 Oconomowoc School 55 $10,798,685 2013 Nicolet Townhomes 60 $9,463,364 2014 Anthem 80 $8,833,073 2015 Mercantile Lofts 36 $8,676,974 2016 The Rivers II Senior Living 40 $6,205,802 2016 Shoe Factory Lofts 55 $11,767,591 2016 Woolen Mills Lofts 60 $13,077,712 2017 Bayshore Townhomes 32 $5,722,857 2017 Century Building 44 $13,003,776 2018 Whispering Echoes 28 $5,054,224 2018 Cranberry Woods 40 $6,943,913 2018 Regency Place 40 $7,030,069 2019 Arbor Terrace 40 $7,166,527 2020 Crescent Lofts 69 $16,676,852 2021 City Center 40 $7,781,249 2021 LIHTC EXPERIEINCE 29 LIHTC AWARDS $230,000,000 IN DEVELOPMENT 1,200 UNITS Page 127 of 144 Callan Schultz Callan Schultz is a founder and partner of both Keystone and Northpointe Development, he has been active in the development of multi-family housing since 1999. Cal formed Keystone Development, LLC in 1999 and later started Northpointe Development with Andy Dumke in 2011. Throughout his career, he has built over 3,500 units of multi-family housing throughout the states of Wisconsin, Michigan, Ohio, and Iowa. Andrew Dumke Andrew Dumke is a founder and partner of both Alliance and Northpointe Development, he has been active in many aspects of the real estate industry since 1993. Andy spent most of his career developing commercial real estate with Alliance Development – Andy expanded his portfolio to multi-family with the establishment of Northpointe Development. Andy has found great synergies between the sectors – specifically when it comes to master development planning and collaborating with municipalities. Alliance Development has developed over $200mm in real estate. Samples of nationally accredited tenants are Starbucks, Panera, Fed EX/Kinkos, TJ Maxx, US Cellular, Verizon, Chipotle, Baker Tilly, and Old National Bank. With a portfolio of over 1,000,000 square feet, Andy is involved with multi-family apartments, commercial office buildings, warehouse buildings, and retail centers. Sean O’Brien Sean O’Brien is a partner of Northpointe Development, he has been involved with housing and community development for over 15 years. Prior to Northpointe, Sean worked at the Wisconsin Housing and Economic Development Authority (WHEDA) for 14 years. The last 6 years of which he was the Director of Commercial Lending. As Director, Sean led the development of Wisconsin's Affordable Housing Policy and allocation of the Low-Income Housing Tax Credit Program. In 2018, the Commercial Lending team implemented the State Housing Tax Credit Program which allowed WHEDA to allocate a new credit that creates or preserves at least a thousand affordable homes annually. For four years, Sean served on the Community Investment Advisory Council for the Federal Home Loan Bank of Chicago. Jake Victor Jake Victor is Vice President of Development for Northpointe Development, he began his career at WHEDA. Jake was tasked with allocating the state’s Housing Tax Credit programs, originating multifamily loans, and overseeing Wisconsin's National Housing Trust Fund Program. Jake successfully originated over $140mm in lending activity (14 developments) for affordable housing and was deeply involved with more than 30 LIHTC transactions. Page 128 of 144 Page 129 of 144 Page 130 of 144 Page 131 of 144 Page 132 of 144 Page 133 of 144 FORM A File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 1. Name of Applicant Northpointe Development Corporation 230 Ohio Street Suite 200 Oshkosh, WI 54902 Contact: Jake Victor Fax: (920) 230 – 3628 Phone: (920) 230 – 6485 Jake@NorthpointeDev.com 2. Name of Property Owner Althoff & Associates, Ltd. (Represented by Jack Minero, contact info below) 330 W. Virginia Street Crystal Lake, IL 60014 (815) 382 – 9728 Contact: Jack Minero jminero@starckrealtors.com 3. Name of Engineer Vierbicher Associates, Inc. 999 Fourier Drive, Suite 201. Madison, WI 53717 (608) 821-3947 Contact: Justin Zampardi jzam@vierbicher.com 4. Name of Attorney Hirschberg Law, LLC 601 Oregon Street, Suite A Oshkosh, WI 54902 Contact: Jason J. Hirschberg Fax: (920) – 744 – 0102 Phone: (920) 267 – 5780 Jason@hirschberglaw.com 5. Common Address or Location of Property Land assemblage at W. Crystal Lake Rd. / Mill Street Assemblage (Parcels: 09-34-228-002, 09-27-480- 005, 09-27-480-006, 09-27-480-001) 6. Requested Action Zoning Map Amendment (Re-zoning) from I-1 Industrial District to Integrated Design District (IDD), and Conditional Use Permit for an Integrated Design District Planned Multifamily Development Page 134 of 144 FORM A NARRATIVE Northpointe Development and Housing Opportunity Development Corporation (“Developer”) are proposing the new construction and adaptive reuse of Taylor Place Apartments, a fifty-four-unit Section 42 Housing Tax Credit (“LIHTC”) multi-family rental housing development located in the City of McHenry, Illinois. More specifically, the subject site is comprised of several adjoining parcels currently improved by Office and Warehouse buildings located at 812 N Mill St, McHenry, IL 60050 and 4103 W Crystal Lake Rd, McHenry, IL 60050. Parcel Numbers and Legal Descriptions are attached. Upon completion, the proposed Taylor Place Apartments will consist of: • A new construction, three-story, forty-six-unit apartment building • A new construction, two-story, four-unit townhome building • An adaptively reused, two-story, four-unit townhome building (Identified as the beige building) • An adaptively reused, one-story, community room building featuring a fitness room, leasing office, and common space Units will be marketed towards residents of all ages. Common spaces will include a playground and community garden. The property will also feature 24 garages spaces. The Developer proposes to set aside all units for residents earning 30-80 percent or less of the prevailing McHenry County Area Median Income (“AMI”) using an allocation of Section 42 LIHTCs from the Illinois Housing Development Authority’s (“IHDA’s”) rental housing tax credit program. Most units will be marketed towards individuals earning 50-80% of AMI. Most of the subject site is rectangular in shape and flat in topography. The subject site is bordered by a variety of uses, including: North: Commercial/Industrial Uses East: Metra Rail; Multi-Family Housing South: Single Family Housing West: Commercial Uses and Fort McHenry Page 135 of 144 FORM A Appropriate Use of Integrated Design District (IDD): A Zoning Map Amendment to the Integrated Design District (IDD) is being requested. In meeting with City Staff, Council Members, and based of a productive neighborhood meeting – several important considerations have been raised. Emphasis was placed on the site’s landscaping, the adaptive reuse of the two well-preserved historic buildings, and mitigating the traffic impact of the proposal. IDD zoning allows the flexibility necessary for Northpointe Development to develop the site in a manner that respects these priorities. Based upon Northpointe’s extensive experience in multi-family housing, the development team was comfortable in reducing the number of parking stalls beyond what is typically required per city ordinances to provide additional landscaping features. The plan carefully considered both vehicular and pedestrian connectivity, providing ingress/egress on both Main Street and N. Mill Street as well as significant investment in sidewalks that connect both the multiple buildings and landscaping spaces provided throughout the property. Architectural features were selected in a manner that conforms with the overall character of existing residential uses – both multi- and single- family housing directly adjacent to the site. Building placement was determined to maximize the capture of sunlight and mitigate the impact of commercial uses on future residents and on adjacent long-term homeowners. Units and amenities were purposely placed to provide accommodation for light, air, recreation, and visual enjoyment. The re-development of the proposed site has been identified by City Staff as a priority with the expectation that higher density residential housing off Main Street could serve as a catalyst for additional economic growth. In conversations with Metra, the city indicated that adding additional residential housing in the area may result in future improvements to the existing public transportation system. With 54 units, there is an expected impact on City services and facilities. This is mitigated through the generated tax base from the site’s redevelopment, future spending of residents, and future economic development generated. This plan will confirm with existing Federal, State, and local regulations. The proposed plan departs from the City’s Zoning and Subdivision Control and Development Ordinances as defined below: • Parking: An exception to the Parking Ordinance is being requested as outlined below to accommodate additional landscaping space as requested by City Council members and adjacent neighbors. Based on the decade long experience of Northpointe Development, the nature of the development does not require the typical parking ratio outlined in the ordinance. This is in large part due to the easily accessible public transportation system. Ordinance Required Per Unit Stalls Required 1 Bedroom 2.00 48 2 Bedroom 2.33 70 Parking Ordinance requires 118 parking stalls or 2.19 stalls/unit. The petitioner is requesting an exception to provide the development with 100 parking stalls or 1.85 parking stalls/unit. • Landscaping and Screening: The proposed plan will adhere to and likely exceed the requirements of all landscaping and screening ordinances • Subdivision Ordinance: No subdivision is being requested in connection with this proposal Page 136 of 144 FORM A Current Use of Property Industrial and Office 7. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) Specific Parcel Zoning: 09-34-228-002: I-1 Industrial District, Commercial Use 09-27-480-005: I-1 Industrial District, Office Use 09-27-480-006: I-1 Industrial District, Industrial Use 09-27-480-001: I-1 Industrial District, Vacant 8. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: I-1 Industrial District, commercial warehousing South: RS-4 High-Density Single Family Residential East: C-4 Downtown Commercial District, Vacant/Metra Parking Lot West: C-5 Highway Commercial (Office Space), RS-3 Medium-High Density Single Family Residential (City Park), RS-4 High-Density Single Family Residential District 9. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. Application Fee (amount) $ 950.00 Narrative Description of Request FORM A – Public Hearing Application FORM B – Zoning Map Amendment (Rezoning) Application FORM C – Conditional Use Application 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) Site Plan Landscape Plan (Conceptual acceptable for preliminary, final landscape plan for final plan approval) Architectural Rendering of Building Elevations Performance Standards Certification Traffic Analysis School Impact Analysis Page 137 of 144 FORM B Page 1 of 1 FORM B File Number ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Compatible with Use or Zoning of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. 3. Consistent with Comprehensive Plan Objectives The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. The proposed use is a 54-unit multi-family building. This use is consistent with surrounding single-family and multi-family uses. The proposed site has been identified as one prime for re-development into multi-family housing. Removal of industrial uses on Main Street aligns with the city's long term planning vision. The proposes multi-family use aligns with the objective of the City's planning department in bringing revitilization and new development onto Main Street. The proposed use will create a 54-unit affordable living community with the intention of providing existing McHenry residents with a safe, affordable place to call home. Page 138 of 144 FORM C Page 1 of 2 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. Site ingress/egress as well as the number of parking spots provided has been carefully considered to mitigate the proposed multi-family development on surrounding residents. Any potential adverse effects of noise, glare, odor, dust, water disposal, blockage of light or air, or other adverse environmental effects on adjoining land owners has been mitigated to the furthest extent possible. This includes careful selection on the placement of buildings, parking spaces, common areas, and landscaping. The architectural design utilized in the proposal as shown by elevations and renderings was carefully selected to align with existing residential uses and respect the impact of the proposed development on community members. Historic buildings are being preserved in line with the wishes of residents, which also provides for a good transitional use between W. Crystal Lake Road and N. Mill Street. Page 139 of 144 FORM C Page 2 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. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Page 140 of 144 ALUMINUM RAIL COMPOSITE TRIM HORIZONTAL COMPOSITE SIDING VINYL WINDOW BRICK VENEER COMPOSITE SHAKE SIDING ASPHALT SHINGLES THREE BED THREE BED THREE BED THREE BED THREE BEDTWO BED TWO BED TWO BED TWO BED LOBBY/ ONE BED ONE BED ONE BED ONE BED ONE BED ONE BEDONE BED STAIROFFICE STAIR©Knothe & Bruce Architects, LLC PROJECT TITLE SHEET NUMBER SHEET TITLE ISSUED PROJECT NO. First Floor Plan And Exterior Elevation A-1.1 McHenry, IL Site Concept Northpointe Development Crystal Lake Road and Mill Street 0000 Issued for City Submittal - September 29, 2021 2 A-1.1 3/32" = 1'-0" EXTERIOR ELEVATION 1 A-1.1 3/32" = 1'-0" FIRST FLOOR PLAN Page 141 of 144 ASPHALT SHINGLES STANDING SEAM METAL ROOF COMPOSITE SIDING METAL RAILING CAST STONE SILL FACE BRICK VINYL WINDOWS TH THREE BED TH THREE BED TH THREE BED TH THREE BED ©Knothe & Bruce Architects, LLC PROJECT TITLE SHEET NUMBER SHEET TITLE ISSUED PROJECT NO. Townhouse First Floor Plan And Exterior Elevation A-1.2 McHenry, IL Site Concept Northpointe Development Crystal Lake Road and Mill Street 0000 Issued for City Submittal - September 29, 2021 2 A-1.2 3/32" = 1'-0" EXTERIOR ELEVATION 1 A-1.2 3/32" = 1'-0" FIRST FLOOR PLAN Page 142 of 144 Page 143 of 144 6 G A R AG E S T R A SH UNIT MIX: ONE BED - 22TWO BED -11THREE BED -13 PROPOSED 46 UNIT BUILDING 3 STORY THREE BED THREE BED THREE BED THREE BED THREE BED TWO BED TWO BED TWO BED TWO BED LOBBY/OFF ONE BED ONE BED ONE BED ONE BED ONE BED ONE BED ONE BED STAIR STAIR 6 G A R AG E S 6 G A R AG E S 6 G A R AG E S TOWNHOUSE 2 STORY 2 9 P A R K ING S TA L L S26 PARKING STALLS23 PARKING STALLS PLAY S P A C E S ( E X I S T ING COMM UN I T Y TOWN HO U S EONE B ED - 2 B U I LD IN G ) ( E X I S T ING B U I LD ING )8 PARKING STALLS THREE BED - 4 AREA COMMUNITY GARDEN PATIO TOTAL - 46 PARKING: SURFACE 86GARAGE 24 TOTAL 110 UNIT MIX: THREE BED - 4 PROPOSED TOWNHOUSE BUILDING 2 STORY UNIT MIX: ONE BED - 2 PROPOSED EXISTING BUILDING REUSE 2 STORY 2 S TO R Y TWO B ED - 2 TWO BED - 2 ©Knothe & Bruce Architects, LLC PROJECT TITLE SHEET NUMBER SHEET TITLE ISSUED PROJECT NO. Site Plan C-1.1 McHenry, IL Site Concept Northpointe Development Crystal Lake Road and Mill Street 0000 1 C-1.1 1" = 30'-0" SITE PLAN 1 INCH = GRAPHIC SCALE 0 (24X36 SHEET) FT30 30 60 90 Issued for City Submittal - September 29, 2021 Page 144 of 144