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HomeMy WebLinkAboutPacket - 3/16/2022 - Planning and Zoning Commission The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. PLANNING & ZONING COMMISSION MEETING NOTICE DATE: Wednesday, March 16, 2022 TIME: 7:00 p.m. PLACE: City Council Chambers, City Hall. 333 S Green Street, McHenry, IL 60050 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: February 16, 2022 5. Z-2022-13 – Conditional Use Permit and Zoning Variations to Accommodate a Starbucks Drive-Thru Restaurant at 904 S IL-31. Petitioner: Jeff Kimbell, managing member of Market Holdings LLC of 6402 Cornell Avenue, Indianapolis, IN 46220 6. Z-2022-06 – Zoning Map Amendment to RM-2 High Density Multifamily Residential District and Zoning Variations to accommodate a Multifamily Senior Housing Development on the Southeast Corner of Municipal Drive and Knox Drive. Petitioner: Bear Development, LLC of 4011 80th Street, Kenosha, WI 53142 7. Z-2022-10 – Use Variation to allow an Ancillary Dwelling Unit at 3311 Walnut Lane. Petitioner: Dennis G Diamantopoulos of 3311 Walnut Lane, McHenry, IL 60051 8. Z-2022-03 – Various Zoning Text Amendments to the City of McHenry Zoning Ordinance Petitioner: City of McHenry 9. Open Discussion 10. Staff Report: Next Meeting Date: March 30, 2022 Special Meeting 11. Adjourn City of McHenry Planning and Zoning Commission Minutes February 16, 2022 Chairwoman Rockweiler called the February 16, 2022, regular 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, Riley, Rockweiler, Smale, and Sobotta. Absent: None. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky and Deputy City Clerk Johnson. Chairwoman Rockweiler opened the public comment portion of the meeting at 7:01 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of January 19, 2022, regular meeting minutes as presented. Motion by Bremmer and seconded by Lehman for approval. Roll Call: Vote: 7-ayes: Commissioners Bremer, Davis, Lehman, Riley, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried. File No. Z-2022-04 Petitioner: CWK Properties – McHenry LLC of 7949 W 79th Street, Bridgeview, IL 60455 (Contract Purchaser) Zoning Variations for a “Wingstop” dine-in restaurant at 4213 W Elm Street Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-2002-04, for zoning variations for a Wingstop dine-in restaurant at 4213 West Elm Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mr. Steve Brooks and Mr. Joshua Crow, the project manager, were sworn in. Mr. Brooks stated that they are requesting variations due to the size limitations of the lot that make it treacherous to fit a building on the property. Planner Sheriff shared his screen to show the layout of the property. A setback is required to get 17 parking spaces on site. The site is also extremely narrow. With the existing setback requirements, it would not be possible to build on this property. A variance is requested for the western landscape with the existing park to the west and the existing tree line that is already in place. The required landscaping around the parking lot is also not possible due to the narrow width and the ADA ramp requirements. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property’s limitations. A former currency exchange building exists but is dilapidated and run down. Staff agrees that this is a welcome investment to the site. Given the narrow size of the lot, it is recommended to place a six-foot privacy fence around the perimeter, which is a good substitute for the landscaping. They have agreed to add additional trees to the east of the Planning and Zoning Commission February 16, 2022 Page 2 building. To the west of the property is an existing park, which is not residential although it is zoned residential. Staff also feels that the number of parking spaces they are requesting is appropriate given the size of the building. The City’s parking requirements are out of date and are not in line with those in other municipalities. It is possible that IDOT could require some changes to the site plan due to the location on a state highway. The development is consistent with the land use map. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Sobotta asked if this would be a dine in or carry out establishment. Mr. Brooks explained that it was a dine-in restaurant, but they are expecting about 80% of the business to be takeout through DoorDash. Commissioner Sobotta asked how many staff would be working. Mr. Brooks wasn’t sure but estimated that there might be five employees per shift. Chairwoman Rockweiler asked what type of privacy fence would be installed, and Mr. Brooks explained that it would be a wooden fence that is six feet tall. 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 7:13 p.m. Commissioner Davis explained that he had no problem with this request and understands that the property is narrow. He would like to see more parking spaces but has no problem with the variance requests. Commissioner Bremmer had no concerns other than the low number of parking spots. Commissioner Lehman had no issues and understood that the limited number of indoor seats would not require a larger number of parking spaces. Commissioner Smale agreed with all the other comments and believes that this is a good use for that space. Commissioner Sobotta asked Mr. Brooks how the small parking lot would work for taking deliveries. It does not appear that there is much room to turn around. He is concerned how truck deliveries would work. Mr. Crow explained that it is set up to have orders taken through the rear entrance that has the ADA ramp. They expect the truck to drive into the parking lot area to drop off orders. Mr. Sobotta questioned how the trucks would have room to turn around. He assumes they would not be backing out onto the highway. Mr. Crow stated that there is 24 feet of space between the parking spots, so they are expecting a three-point turn. They would also expect deliveries and trash pickup to be done early in the morning and not during peak hours. The parking spaces should be open to make it easier for the trucks to turn around. Community Development Director Ross Polerecky was online for the meeting and explained that Commissioner Sobotta makes a good point. He stated that the downtown business owners get deliveries done during off-peak hours. They should have all of that taken care of before patrons come. The business owner should have an understanding of when their busy times are and make sure the delivery companies and trash pickup are scheduled accordingly. Planning and Zoning Commission February 16, 2022 Page 3 Chairwoman Rockweiler questioned the City’s current parking requirements and Planner Sheriff explained that our City has almost double the requirements of other towns. He would like to get rid of the parking requirements all together and have businesses provide the number of spots they need to run their business. If the lack of suitable parking does become an issue, the City has the ability of pulling a certificate of occupancy until the issue is resolved. Commissioner Sobotta stated that places like Crystal Lake have ample parking because their businesses are in outlots next to big parking lots. He would not want McHenry to rush into a decision to allow smaller parking standards. Chairwoman Rockweiler’s concern for the Wingstop is the number of spaces requested, but with 80% of the business doing to-go orders, that relieves her concerns. Commissioner Lehman asked if liquor would be sold there, and Mr. Brooks explained that no alcohol would be sold. Commissioner Riley asked if there would be a walkway connecting to the park from the rear, and it was explained that there would not be one. Motion by Smale seconded by Lehman with regard to File No. Z-2022-04, to recommend amended approval of zoning variations to accommodate a “Wingstop” dine-in restaurant at 4213 W Elm Street, with the following conditions, as presented: 1. Variance to allow 17 parking spaces in lieu of the required 45 spaces. 2. Variance to allow a 6’ 4’’ interior side yard setback along the west lot line in lieu of the required 25 feet when adjacent to a residential zoning district. 3. Variance to allow a 25’ front yard setback in lieu of the required 30’ setback. 4. Variance from Residential Screen Strip Design Standards along the west property line 5. Variance from parking lot perimeter landscaping 6. Variance from building perimeter landscaping. 7. Any other zoning variations necessary to accommodate the proposed development. The granting of said variations shall be subject to the following conditions: 1. The development shall be in substantial conformance with the submitted plans as determined by the Zoning Administrator. 2. The Zoning Administrator may approve, approve with conditions, or deny and recommend back to the City Council any site plan changes that may be requested by the Illinois Department of Transportation. and by making said motion, that the approval criteria for Zoning Variations have been met as outlined in the Staff Report. Roll Call: Vote: 7-ayes: Commissioners Bremer, Davis, Lehman, Riley, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-2022-04 at 7:32 p.m. Open Discussion: Planning and Zoning Commission February 16, 2022 Page 4 Planner Sheriff thanked everybody for filling out the poll for their meeting availability. He also discussed some housing developments that have come before Council for a conceptual review. One multi-family proposal on Blake Boulevard was not received well by the Council, but another on Municipal Drive seemed promising. A potential housing development from Lennar on Draper Road was also discussed. The Board welcomed new member Bryan Riley to the group. Staff Report: The next meeting is Wednesday, March 16, 2022. Adjourn: Motion by Bremmer and seconded by Smale to adjourn the meeting at 7:39 p.m. Roll Call: Vote: 7-ayes: Commissioners Bremer, Davis, Lehman, Riley, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 0-absent. Motion Carried. 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, Market Holdings LLC, is requesting approval of a Conditional Use Permit for a drive-thru restaurant (Starbucks) for the property located at 904 S IL-31. The development consists of the demolition of the existing building, elimination of an access point off IL-31, and construction of a new 2,400 square foot building with a drive-through. To accommodate the request, the petitioner will also need approval of several Zoning Variations: 1. Variation to allow a minimum lot area of 38,684 square feet in lieu of the 40,000 square feet required in the O-2 Office Park District. 2. Zoning Variations to allow a trash enclosure between the principal building and the front lot line. 3. Zoning Variation for relief from Residential Landscaping Screening Strip Design Standards along the south property line (Taradash Law Offices). 4. Any other Zoning Variations necessary to accommodate the proposed Starbucks drive-thru restaurant. 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 CURRENT LAND USE & ZONING The subject property is currently zoned O-2 Office Park District and located in the Professional Plaza Subdivision. The surrounding land use primarily consists of medical offices and other service-oriented uses, Northwest Medicine McHenry to the west, and law offices to the south. The property to the south of the subject property was annexed to the City of McHenry within the last year and was zoned Estate District per the City’s Annexation Ordinance. Staff has been in contact with the property owner to the south and he is aware he will need to rezone the property at some point. The property owner indicated he was supportive of the request. Staff believes the proposed use of the property for a drive-thru Starbucks restaurant is complementary of the surrounding office uses. FUTURE LAND USE MAP RECOMMENDATION Drive-thru restaurants are listed as a permitted conditional use in the Office Park District. The proposed drive- thru Starbucks restaurant is in compliance with the Future Land Use Map Designation for Office. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Growth, Policy – “Work with developers so that redevelopment improves the site or surrounding conditions, including: access, landscaping, lighting, safety, and aesthetics.” (p. 29) Staff believes the proposed development is consistent with the policy’s recommendation. The petitioner is adding a large amount of new landscaping and is preserving the tree line to the south to the greatest extent possible. Preservation of the tree line to the south has been included as a condition of approval. The current site design maximizes the amount of stacking spaces for the drive-through to mitigate traffic back-up into the right-of-way. • 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) Staff believes approval of the petitioner’s request would be supportive of promoting additional employment opportunities. Although not a new type of business, Starbucks continues to be a popular destination for residents. Expanding access would help the City afford a stronger economic base. SITE PLAN REVIEW • Parking. The petitioners are proposing a total of 39 parking spaces (24 spaces required). The proposal is in substantial conformance with the Zoning Ordinance. • Stacking Spaces. The petitioners are providing a total of 10 stacking spaces (5 stacking spaces required) for the proposed drive-through lane. The proposal is in substantial conformance with the Zoning Ordinance. In order to maximize the number of stacking spaces, the petitioner located the trash enclosure along the west side of the property between the building and the IL-31 lot line. It may be possible to locate the enclosure to be in compliance with the Ordinance; however, staff believes it would reduce the amount of stacking spaces. • Landscaping & Screening. The Zoning Ordinance requires a residential screening strip along the property line to the south because the south property is zoned residential. The petitioners are requesting a variation from the required standards due to the existing use of the property to the south as office space. There is also an existing tree line (approximately 70 trees) located along the south property line that staff is recommending be preserved the greatest extent possible in areas identified on the landscape plan. The petitioners are proposing to remove approximately 30 feet of the trees for site visibility along IL-31. Staff does not object to the proposed demolition of the identified portion of tree line. • IL-31 Expansion. IDOT is in the process of right-of-way acquisition for the IL-31 expansion (see figures on next page). The proposed landscaping area along the west property line will be partially located within a temporary construction easement. Staff is recommending the owners install landscaping once the IL-31 improvements have been completed and the temporary construction easement has ended. Staff have included this as a condition of approval. • Drive-Through Lanes. Staff originally identified the drive-through as requiring a variation from setback requirements. The City does not have standards for drive-thru restaurants and therefore meets ordinance requirements. • Location of Trash Enclosure. The landscape plan provided does not match the latest site plan depicting the location in the southwest corner of the property. The City’s Zoning Ordinance does not allow trash enclosures to locate between the front or corner side lot line and the principal structure. Either location would have required a variation. To meet the Ordinance requirement, the petitioners would need locate the trash enclosure within the rear yard or interior side yard. This would negatively impact the number of stacking spaces in the drive-through. Staff believes the trade-off of allowing the trash enclosure along the west property line in return for additional stacking spaces is reasonable. Staff have included a condition of approval that the petitioner shall revise the landscape plan to match the current site plan. STAFF SUMMARY ANALYSIS • The proposed development is in substantial conformance with the Future Land Use Map recommendation for Office. • IDOT is in the process of right-of-way acquisition for the IL-31 expansion. Staff have included conditions of approval regarding the installation of landscaping. • Staff does not object to the petitioner’s request to locate the trash enclosure between the front lot line (IL-31) and the principal structure in order to secure additional stacking spaces. • Staff does not object to the petitioner’s request for relief from the residential landscape screening strip design standards subject to the condition that the existing tree line is preserved to the greatest extent possible. If the Planning & Zoning Commission agrees with staff’s assessment, then two motions are recommended: 1st MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit for the operation of a Drive-Through Starbucks Restaurant at 904 S IL-31 subject to the following conditions: 1. The Property Owner shall provide a revised landscaping plan, subject to review and approval by the Zoning Administrator, to relocate the trash enclosure and applicable base landscaping to the location depicted on the submitted site plan. 2. The Property Owner shall preserve the tree line along the south property line to the greatest extent possible excluding that portion thereof identified on the landscape plan that is to be removed. 3. All development on site shall be in substantial conformance with the submitted site plan and landscape plan. 4. The Property Owner shall be allowed to install landscaping along the west property line once IDOT has completed construction of this segment of the IL-31 corridor. 5. Any site plan changes requested by IDOT shall be allowed to be reviewed and approved administratively by the Zoning Administrator. AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR CONDITIONAL USES (11-15-5). Staff comments italicized below. A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. a. Staff does not believe approval of the petitioner’s request would generate any adverse traffic impacts. The petitioners are providing 5 more stacking spaces than what is required by ordinance and are eliminating their access off IL-31. Staff believes the proposed changes will help mitigate any potential adverse impact on traffic. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. a. Staff does not believe approval of the petitioner’s request would generate any environmental nuisances because the city has approved numerous other drive-thru restaurants along IL-120 that live in harmony with the surrounding area. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. a. Located within a commercial office subdivision, staff believes the proposed use is complementary of the surrounding businesses and will have a positive impact on property values. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. a. The site has access to City water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. a. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. a. Overall, staff believes the proposed use is compatible with and complementary of the surrounding office space uses. 2nd MOTION: I motion to approve the petitioner’s request for the following Zoning Variations: 1. Variation to allow a minimum lot area of 38,684 square feet in lieu of the 40,000 square feet required in the O-2 Office Park District. 2. Zoning Variations to allow a trash enclosure between the principal building and the front lot line. 3. Zoning Variation for relief from Residential Landscaping Screening Strip Design Standards along the south property line (Taradash Law Offices) subject under the condition that the Property Owner shall maintain the tree line to the south to the greatest extent possible as determined by the Zoning Administrator. 4. Any other Zoning Variations necessary to accommodate the proposed Starbucks drive-thru restaurant. AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes the variation request are related to a special circumstance not found elsewhere. The size of the property in question was plated as part of the existing subdivision. The proposed site plan maximizes the amount of stacking spaces but at the cost of relocating the trash enclosure. Staff believes relocating the trash enclosure will have a positive impact and mitigate potential traffic back-up on Mercy Drive. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to this property only and not all property within the O-2 Office Park District. C. Not Resulting From Applicant Action. The applicant did not create the size of the property in question in which the variance request is for. Staff believes the trade off of locating the trash enclosure to the west property line was a necessity in order to maximize the number of stacking spaces and mitigate any potential traffic back-up into the right-of- way. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship onto the applicant since he did not create the size of the lot. The location of the trash enclosure was done in order to maximize the number of stacking spaces in the drive-thru and mitigate potential traffic back-up into the right-of-way. 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 approval of the variations are necessary for the reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the petitioner’s request would not substantially alter essential character of the locality nor have any other adverse impacts. Staff believes it will be complementary of the surrounding office uses. H. Consistent With Title And Plan: Staff believes the proposed development is in substantial conformance with the Future Land Use Map recommendation for Office. Drive-throughs are a permitted conditional use in the Office Park District. Staff believes it’s consistent with I. Minimum Variance Recommended: Staff believes the variations requested are the minimum required. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Public Hearing Application Packet Page 1 of 20 PUBLIC HEARING REQUIREMENTS Planning and Zoning Commission (2022) City of McHenry www.cityofmchenry.org/planning 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: CHECK LIST 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 ? ? ? ? ? Public Hearing Application Packet Page 6 of 20 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: The Applicant requests a Conditional Use Permit for a Drive Thru Lane as part of its plan to build a stand alone Starbucks on the Property. The applicant is also requesting three variances: 1.Statute: Minimum lot size requirement of 40,000 s.f. The Property is 38,684 s.f. When the property was annexed by McHenry it was this size and had an occupied office building on it. Upon annexation McHenry zoned the Property O2 Office Park District. We are requesting a lot size variance to recognize this historic variance from the statute. 2.Statute: Refuse disposal (trash enclosure) areas shall not be located between the front or corner side lot line and the principal building. The location of the trash enclosure is shown in this area. Locating the trash enclosure in an area that meets the statute requirement creates a hardship because it would reduce the parking spaces and drive thru stacking available. For that reason we are requesting a variance on the location of the trash enclosure to the area shown on the attached site plan. 3.Statute: Minimum side yard setback of 25' to a residential property. The setback shown on the site plan is 10'. The property adjacent to the south was recently annexed by the City of McHenry. It is currently used as an office and it is anticipated that its zoning will be changed from Residential to O2. If and when that happens the setback shown will be in compliance with the setback requirement to an adjacent commercial property. 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 Market Holdings, LLC, Jeff Kimbell, Manager 317-997-4530 6402 Cornell Ave, Indianapolis, IN 46220 jkimbell@eclipsere.com Home State Bank of Crystal Lake Trust #3363 11023 Dorham Lane, Woodstock, IL 60098 815-715-3142 mcooper@mchenryins.com Tim Condos, DXU Architectes 312-955-0334 x133 412 S. Wells St, Ste 200, Chicago, IL 60607 tcondos@dxuarch.com 904 State Rte 31, McHenry, IL 60050 X X Public Hearing Application Packet Page 7 of 20 7.Current Use of Property 8.Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) 1.Application Fee (amount) $ 2.Narrative Description of Request 3.FORM A – Public Hearing Application 4.FORM B – Zoning Map Amendment (Rezoning) Application 5.FORM C – Conditional Use Application 6.FORM D – Zoning Variance Application 7.FORM E – Use Variance Application 8.Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9.Plat of Survey with Legal Description 10.List of Owners of all Adjoining Properties 11.Public Hearing Notice 12.Sign (Provided by the City) 13.Site Plan 14. Landscape Plan 15.Architectural Rendering of Building Elevations 16.Performance Standards Certification 17.Traffic Analysis 18.School Impact Analysis Vacant office space. O2 Office Park District 9.Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: O2 Office Park District South: Estate Zoning District East: O2 Office Park District West: Health Care District 10.Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 950 X X X X X X XX X Public Hearing Application Packet Page 8 of 20 11.Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12.Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Jeffrey Kimbell, Manager, Market Holdings, LLC Public Hearing Application Packet Page 9 of 20 AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Applicant’s Name and Address) For approval of: (Requested Action) ______________________________________ (Applicant’s Signature) ______________________________________ (Applicant’s Name and Address) ______________________________________ Subscribed and sworn to before me this ___ ______ day of ___________, 2020. __________ Notary Public Public Hearing Application Packet Page 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. No anticipated traffic impact. The site plan provides for all drive thru stacking to be contained on the property. None. The applicant believes the use and services proposed will benefit the Neighborhood. 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. None. None. Yes. Public Hearing Application Packet Page 13 of 20 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1.Special Circumstances Not Found Elsewhere 2.Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. When the Property was annexed by McHenry it was zoned O2 despite its variance from the lot size provision. The property adjacent to the subject Property was recently annexed by McHenry. It is zoned residential. However, it is currently used for a commercial office. It is anticipated that this adjacent property will be rezoned to O2. The ingress/egress point of the property and its dimensions allow for the property to self contain all of its anticipated parking and drive thru stacking needs if the building is positioned as far to the east and south as possible. However, placing the building in this location makes it necessary to place the refuse enclosure between the building and either the front road, Mercy, or the side road, S.R. 31. Public Hearing Application Packet Page 14 of 20 3.Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4.Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5.Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. 6.Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant’s economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. The Property is currently not in compliance with the lot size requirement which predates the Applicants involvement. Strict application of the Refuse Disposal enclosure would notably reduce the Applicants ability to provide self containment of all parking and drive thru stacking demands of the proposed use. N/A. N/A. Public Hearing Application Packet Page 15 of 20 7.Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8.Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Correct. Granting the requested variances will not harm the locality or the vicinity. The Applicant believes granting the variances will allow the Applicant to best preserve the essential character and values of the vicinity. Yes, the Applicant believes the requested variances are consistent with the City's Plan in light of some changes since adoption, specifically annexation of the subject Property and the adjacent property to the south. Yes. Public Hearing Application Packet Page 20 of 20 12.Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that the City process this application in accordance with the codes and ordinances of the City. Signature of Applicant(s) Print Name and Designation of Applicant(s) Jeffrey Kimbell, Manager, Market Holdings, LLC 1212MERCY DRIVE96PATIO1 5 ' - 0 "ORDER POINTCENTERLINEPROPOSED ELECTRICAL SERVICEENTRANCE LOCATION+/- 122 LINEAR FEET FROM ORDERPOINT TO CENTERLINE PICK-UPWINDOW3214578SBSB10'-0" SB THIS ACCESS SHOWN RELOCATEDEAST SUBJECT TO APPROVAL BY CITYOF MCHENRY9'-0"TYP.SBILLINOIS STATE ROUTE 31 65'-2 3/8"20'-0"TYP.9DRIVE-THRUWINDOW10EXISTINGSIDEWALKPROPOSED SINGLE STORYCOFFEE SHOP WITH DRIVE-THROUGH2,391 S.F. BUILDING FOOTPRINT AREA4 YD.4 YD.21'-4"630'-0"30'-0"15'-0"11SITE DATAMENUBOARD1KEYNOTESORDER POINT2PRE-ORDER MENU3CLEARANCE BAR45" BOLLARD (TYP.)5DIRECTIONAL SIGNAGE6SITE AREA: 38,684 SQ FTBUILDABLE AREA: 23,771 SQ FTPRIMARY BUILDING AREA: 2,391 SQ FTFAR: 0.1 (MAX 2.5)ZONING CLASSIFICATION: O-2 (OFFICE PARK)PERMITTED USE GROUPS: A,CALLOWABLE STORIES ABOVE GRADE PLANE: 1COMMERCIAL DISTRICT SETBACKS:FRONT OR CORNER SIDE YARD: 30 FTINTERIOR SIDE YARD: 10 FTREAR YARD: 15 FTPARKING PROVIDED:STANDARD STALLS37ADA ACCESSIBLE STALLS 2TOTAL STALLS39DRIVE THRU STACKING SPACES 10PARKING REQUIREMENTS:RESTAURANT WITH DRIVE THRU: 5 STACKING SPACES PERDRIVE THRU WINDOW + 15 STALLS PER 1,000 SQ FTTOTAL REQUIRED PARKING: 33 STALLS + 5 STACKING SPACES7BIKE RACK8PRECAST WHEELSTOPS TYPICAL9ACCESSIBLE CURB RAMP10CURB RAMP DOWN FOR TRASH ENCLOSURE ACCESS11TRASH ENCLOSURESCHEMATICSITE PLANEXHIBITSP-1ANORTHNo. Issue Date SEAL MUNICIPAL APPROVAL STAMPN ILLINOIS ROUTE 31 AND MERCY DRIVE MCHENRY, ILLINOIS 412 S. Wells Street 2nd Floor Chicago IL 60607 P: 3 1 2 9 5 5 0 3 3 4 d x u a r c h . c o m ARCHITECT CONSULTANTS CLIENT PROJECT Project Number: Drawn By:Approved By:These documents are confidential and shall be in the possessionof authorized individuals only. These documents are the exclusiveproperty of DxU architects and shall not be copied or reproducedwithout written authorization.SHEET TITLE & NUMBERSTARBUCKS SHELL MCHENRY, ILLINOIS SPECIAL USE APPLICATION 21-210 AM TC SPECIAL USE APPLICATION 03-01-2022 © DxU 2022 ILLINOIS PROFESSIONAL DESIGN REGISTRATION: 184.006688 EXPIRES: 4/30/2023 MARKET HOLDINGS, LLC 6402 CORNELL AVE INDIANAPOLIS, IN 46220ASCHEMATIC SITE PLAN1/16" = 1'-0"EXISTING ROUTE 31 INGRESS/EGRESS ABANDONED 1212MERCY DRIVE96PATIO1 5 ' - 0 "ORDER POINTCENTERLINEPROPOSED ELECTRICAL SERVICEENTRANCE LOCATION+/- 122 LINEAR FEET FROM ORDERPOINT TO CENTERLINE PICK-UPWINDOW32145678SBSB10'-0" SB THIS ACCESS SHOWN RELOCATEDEAST SUBJECT TO APPROVAL BY CITYOF MCHENRY9'-0"TYP.SBILLINOIS STATE ROUTE 31 65'-2 3/8"20'-0"TYP.9DRIVE-THRUWINDOWEXISTINGSIDEWALKPROPOSED SINGLE STORYCOFFEE SHOP WITH DRIVE-THROUGH2,391 S.F. BUILDING FOOTPRINT AREA4 YD.4 YD.21'-4"1030'-0"30'-0"15'-0"11SITE DATAMENUBOARD1KEYNOTESORDER POINT2PRE-ORDER MENU3CLEARANCE BAR45" BOLLARD (TYP.)5DIRECTIONAL SIGNAGE6SITE AREA: 38,684 SQ FTBUILDABLE AREA: 23,771 SQ FTPRIMARY BUILDING AREA: 2,391 SQ FTFAR: 0.1 (MAX 2.5)ZONING CLASSIFICATION: O-2 (OFFICE PARK)PERMITTED USE GROUPS: A,CALLOWABLE STORIES ABOVE GRADE PLANE: 1COMMERCIAL DISTRICT SETBACKS:FRONT OR CORNER SIDE YARD: 30 FTINTERIOR SIDE YARD: 10 FTREAR YARD: 15 FTPARKING PROVIDED:STANDARD STALLS37ADA ACCESSIBLE STALLS 2TOTAL STALLS39DRIVE THRU STACKING SPACES 10PARKING REQUIREMENTS:RESTAURANT WITH DRIVE THRU: 5 STACKING SPACES PERDRIVE THRU WINDOW + 15 STALLS PER 1,000 SQ FTTOTAL REQUIRED PARKING: 33 STALLS + 5 STACKING SPACES7BIKE RACK8PRECAST WHEELSTOPS TYPICAL9ACCESSIBLE CURB RAMP10CURB RAMP DOWN FOR TRASH ENCLOSURE ACCESS11TRASH ENCLOSURESCHEMATICSITE PLANEXHIBITSP-1ANORTHNo. Issue Date SEAL MUNICIPAL APPROVAL STAMPN ILLINOIS ROUTE 31 AND MERCY DRIVE MCHENRY, ILLINOIS 412 S. Wells Street 2nd Floor Chicago IL 60607 P: 3 1 2 9 5 5 0 3 3 4 d x u a r c h . c o m ARCHITECT CONSULTANTS CLIENT PROJECT Project Number: Drawn By:Approved By:These documents are confidential and shall be in the possessionof authorized individuals only. These documents are the exclusiveproperty of DxU architects and shall not be copied or reproducedwithout written authorization.SHEET TITLE & NUMBERSTARBUCKS SHELL MCHENRY, ILLINOIS SPECIAL USE APPLICATION 21-210 AM TC SPECIAL USE APPLICATION 03-01-2022 © DxU 2022 ILLINOIS PROFESSIONAL DESIGN REGISTRATION: 184.006688 EXPIRES: 4/30/2023 MARKET HOLDINGS, LLC 6402 CORNELL AVE INDIANAPOLIS, IN 46220ASCHEMATIC SITE PLAN1/16" = 1'-0"EXISTING ROUTE 31 INGRESS/EGRESS ABANDONED 9 12 PROTOTYPE STB-B MERCY DRIVE 12 6 215.29'159.52'O-2 EXISTING SIDEWALK PATIO THIS ACCESS SHOWN RELOCATED EAST SUBJECT TO APPROVAL BY CITY OF MCHENRY ORDER POINT CENTERLINE 4 YD.4 YD. PROPOSED SERVICE ENTRANCE LOCATIONSS. ILLINOIS ROUTE 31168.88'269.38' 20.00' O-2 ADJACENT LOT ANNEXED ADJACENT LOT CITY OF MCHENRY COMMERCIAL Prepared For:DATENO.DESIGN BY: J. DAVITOPROJECT NO.:1" = 20'DATE:DRAWN BY:FEBRUARY 17, 2022J. DAVITO21-099SCALE:J. MILLERCHECKED BY:REVISIONSECLIPSE REAL ESTATE6402 Cornell Ave.Indianapolis, IN 46220STARBUCK'S-McHENRY, IL904 S. IL. Route 31McHenry, IllinoisPrepared By:PRELIMINARY LANDSCAPE PLANL-1PRELIMINARY LANDSCAPE PLAN 20 10 20 40 800 N SNW NESESW Know what's Below Call before you dig. .watermark-engineering.com | 2631 Ginger Woods Pkwy | Aurora, IL 60502 | (630) 375-1800LICENSED LA N D S C A PE A RCHITECTS T ATE OF I L L I N O ISJOSEPH D. DAVITO 157-000925 NOTE: NOTE: CONCRETE PATIO WALL 5 METAL CANOPY VERTICAL WOOD WALL CLADDING TYPICAL METAL COPING ALUMINUM & GLASS STOREFRONT 2'-0" HIGH BRICK WITH STONE SILL T/STOREFRONT EL: + 10'-0" T/CANOPY EL: + 11'-0" PRIMARY ENTRANCE 643 T/FLR. SLAB EL: + 0'-0" (ASSUMED) 21 BRICK VENEER TO +10'-0" DECORATIVE WALL SCONCE TYP. ALUMINUM & GLASS STOREFRONT METAL CANOPY ABOVE DRIVE-THRU PICKUP POINT VERTICAL WOOD WALL CLADDING AT DRIVE-THRU BUMP-OUT EIFS ABOVE BRICK VENEER PROPOSED BUILDING SIGNAGE LOCATION SHOWN FOR REFERENCE TYPICAL METAL COPING AT DRIVE-THRU BUMPOUT BEYOND 2'-0" HIGH BRICK WITH STONE SILL T/PARAPET EL: + 19'-6" T/STONE SILL EL: + 2'-0" EXTRUDED ALUMINUM COLUMN COVER TO MATCH STOREFRONT FRAMING 1 NORTH ELEVATION 1/4" = 1'-0" RTU SCREEN METAL COPING METAL CANOPIES ALUMINUM STOREFRONT FRAMING COLOR: MATCH BLACK NO. 29 MANUFACTURER: KAWNEER BRICK VENEER COLOR: 'PEWTER' TEXTURE: ' MISSION' MANUFACTURER: MUTUAL MATERIALS WOOD WALL CLADDING COLOR: 'STRAW' WIDTH: 5" MANUFACTURER: reSAWN TIMBER CO. STONE SILL INDIANA LIMESTONE COLOR: SILVER BUFF MANUFACTURER: INDIANA LIMESTONE CO. EXTERIOR INSULATION & FINISH SYSTEM (EIFS) COLOR: 627A 'TWILIGHT GRAY' MANUFACTURER: DRYVIT EXTERIOR MATERIALS METAL CANOPY VERTICAL WOOD WALL CLADDING TYPICAL METAL COPING T/STOREFRONT EL: + 10'-0" T/CANOPY EL: + 11'-0" T/FLR. SLAB EL: + 0'-0" (ASSUMED) ROOF ACCESS LADDER METAL CANOPY KEYED HOSE BIB DOWNSPOUT TYP. EIFS ABOVE BRICK VENEER PREFINISHED COLLECTOR BOX T/STOREFRONT EL: + 10'-0" T/CANOPY EL: + 11'-0" BRICK VENEER TO +10'-0" SECONDARY ENTRANCE/PATIO ACCESS BA ALUMINUM & GLASS STOREFRONT 2'-0" HIGH BRICK WITH STONE SILL DECORATIVE WALL SCONCE TYP. EXTRUDED ALUMINUM COLUMN COVER TO MATCH STOREFRONT FRAMING 2 WEST ELEVATION 1/4" = 1'-0" C RTU SCREEN T/PARAPET EL: + 19'-6" PROPOSED BUILDING SIGNAGE LOCATION SHOWN FOR REFERENCE No. IssueDateSEALMUNICIPAL APPROVAL STAMP N ILLINOIS ROUTE 31 AND MERCY DRIVEMCHENRY, ILLINOIS412 S. Wells Street 2nd Floor Chicago IL 60607P: 3 1 2 9 5 5 0 3 3 4 d x u a r c h . c o mARCHITECTCONSULTANTSCLIENTPROJECTProject Number:Drawn By:Approved By:These documents are confidential and shall be in the possession of authorized individuals only. These documents are the exclusive property of DxU architects and shall not be copied or reproduced without written authorization. SHEET TITLE & NUMBER STARBUCKS SHELL MCHENRY, ILLINOISSPECIAL USE APPLICATION21-355AMTCSPECIAL USE APPLICATION 02-17-2022© DxU 2022 ILLINOIS PROFESSIONAL DESIGN REGISTRATION: 184.006688 EXPIRES: 4/30/2023 MARKET HOLDINGS, LLC6402 CORNELL AVEINDIANAPOLIS, IN 46220EXTERIOR ELEVATIONS EL-1 5 METAL CANOPY TYPICAL METAL COPING T/STOREFRONT EL: + 10'-0" T/CANOPY EL: + 11'-0" 6 4 3 2 1 EIFS ABOVE BRICK VENEER VERTICAL WOOD WALL CLADDING ROOF ACCESS LADDER METAL CANOPY 3'-6" WIDE SERVICE DOOR PAINTED MEDIUM GRAY PRELIMINARY GAS SERVICE ENTRANCE LOCATION ALUMINUM & GLASS STOREFRONT WINDOWS PREFINISHED COLLECTOR BOX & DOWNSPOUT TYP. EGRESS LUMINAIRE NON-ILLUMINATED BOLLARD ALUMINUM & GLASS STOREFRONT WINDOWS KEYED HOSE BIB T/PARAPET EL: + 19'-6" DECORATIVE WALL SCONCE TYP. METAL CANOPY ABOVE DRIVE-THRU WINDOW BEYOND TYPICAL METAL COPING AT DRIVE-THRU BUMPOUT BEYOND EXTRUDED ALUMINUM COLUMN COVER TO MATCH STOREFRONT FRAMING T/FLR. SLAB EL: + 0'-0" (ASSUMED) BRICK VENEER TO +10'-0" 1 SOUTH ELEVATION 1/4" = 1'-0" OVERFLOW SCUPPER TYP.RTU SCREEN CONCRETE PATIO WALL METAL COPING METAL CANOPIES ALUMINUM STOREFRONT FRAMING COLOR: MATCH BLACK NO. 29 MANUFACTURER: KAWNEER BRICK VENEER COLOR: 'PEWTER' TEXTURE: ' MISSION' MANUFACTURER: MUTUAL MATERIALS WOOD WALL CLADDING COLOR: 'STRAW' WIDTH: 5" MANUFACTURER: reSAWN TIMBER CO. STONE SILL INDIANA LIMESTONE COLOR: SILVER BUFF MANUFACTURER: INDIANA LIMESTONE CO. EXTERIOR INSULATION & FINISH SYSTEM (EIFS) COLOR: 627A 'TWILIGHT GRAY' MANUFACTURER: DRYVIT EXTERIOR MATERIALS B A T/STOREFRONT EL: + 10'-0" T/CANOPY EL: + 11'-0" T/FLR. SLAB EL: + 0'-0" (ASSUMED) TYPICAL METAL COPING METAL CANOPY NON-ILLUMINATED BOLLARD PRELIMINARY ELECTRIC SERVICE ENTRANCE LOCATION ROOF ACCESS LADDER EIFS ABOVE BRICK VENEER BRICK VENEER TO +10'-0" DECORATIVE WALL SCONCE TYP. VERTICAL WOOD WALL CLADDING METAL CANOPY ABOVE DRIVE-THRU WINDOW DRIVE-THRU PICK-UP WINDOW W/ AIR CURTAIN ABOVE ALUMINUM & GLASS STOREFRONT WINDOWS METAL CANOPY EIFS ABOVE BRICK VENEER BRICK VENEER TO +10'-0" 2 EAST ELEVATION 1/4" = 1'-0" C RTU SCREEN T/PARAPET EL: + 19'-6" PROPOSED BUILDING SIGNAGE LOCATION SHOWN FOR REFERENCE No. IssueDateSEALMUNICIPAL APPROVAL STAMP N ILLINOIS ROUTE 31 AND MERCY DRIVEMCHENRY, ILLINOIS412 S. Wells Street 2nd Floor Chicago IL 60607P: 3 1 2 9 5 5 0 3 3 4 d x u a r c h . c o mARCHITECTCONSULTANTSCLIENTPROJECTProject Number:Drawn By:Approved By:These documents are confidential and shall be in the possession of authorized individuals only. These documents are the exclusive property of DxU architects and shall not be copied or reproduced without written authorization. SHEET TITLE & NUMBER STARBUCKS SHELL MCHENRY, ILLINOISSPECIAL USE APPLICATION21-355AMTCSPECIAL USE APPLICATION 02-17-2022© DxU 2022 ILLINOIS PROFESSIONAL DESIGN REGISTRATION: 184.006688 EXPIRES: 4/30/2023 MARKET HOLDINGS, LLC6402 CORNELL AVEINDIANAPOLIS, IN 46220EXTERIOR ELEVATIONS EL-2 SHAW MEDIA Printed 02/24/22 10:31 EST. 1851 PHONE: 815-459-4040 PO BOX 250 FAX: CRYSTAL LAKE IL 60039-0250 Advertising Payment Receipt_________________________________________________________________________________ Account number:10069745 Account name:MCHENRY COUNTY PREPAID LE PO BOX 250 CRYSTAL LAKE IL 60014 Phone number:815-459-4040 Payment number:1351159 Payment date:02/24/22 Amount:128.06 Payment description:CREDIT CARD PAYMENT MCHENRY COUNTY PREPAID LE Credit Card #:************9282 Approval Code:01223I[445063823] Credit Holder Name:JEFFREY W KIMBELL _________________________________________________________________________________ Ad Number:Class Code:1962637 C8100 Ad Taker:Salesperson:bbehr CL62 First Words:CONDTIONAL USE-STARBUCKS 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, Bear Development, LLC (Applicant), is requesting approval of a Zoning Map Amendment from C-3 Community Commercial District to RM-2 High-Density Multifamily Residential District to construct a 3- story, 40-unit, age and income restricted senior housing development on the undeveloped parcel located on the southeast corner of Knox Drive and Municipal Drive. To accommodate the request, the petitioner is also seeking approval of several zoning variations: 1. Zoning Variation to allow 61 parking spaces in lieu of the 94 spaces required. 2. Zoning Variation to allow relief from Recreational Space requirements in the RM-2 High Density Multifamily Residential District. 3. Any other zoning variations necessary to accommodate the proposed development. The development will also need to seek approval from the City Council for a variation from the Building Code regarding the 75% brick requirement which is not reviewed by P&Z. However, staff believes feedback regarding the request would be valuable to City Council members. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Zoning Amendments, listed in §11-5-5 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 proposed multifamily development is not in conformance with the future land use map recommendation for commercial. The Commission may wish to consider whether the proposed zoning map amendment to accommodate the development is an appropriate response to changing conditions. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Policy – “Consider amendments to the Zoning Ordinance and Zoning Map to ensure conformity with the Comprehensive Plan on a case-by-case basis.” (p.27) The proposed development is not in conformance with the Future Land Use Map recommendation for commercial. Staff believes placing multifamily housing near commercial uses and services is supportive of creating a more walkable and livable environment. The Commission may wish to consider if the petitioner’s request is an appropriate response as a result of changing conditions. • 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) The subject property is located within walking distance of several commercial and recreational amenities. Locating higher density residential next to commercial areas is supportive of sustainable economic growth for local businesses. The quality of life of the residents of this development will be positively impacted by the adjacent recreational amenities such as Knox Park and the McHenry Recreation Center. • Unique Character, 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 proposed development is locating next to a County and State Highway. There are also a variety of services and amenities near by for the residents of the development including a regional multiuse trail. Staff believes the proposed development is in conformance with promoting high-density residential in areas where transportation services exist. CURRENT LAND USE & ZONING The subject property is currently zoned C-3 Community Commercial District and is currently vacant. The surrounding land use consists of the VA Outpatient Clinic (east), tree removal business & commercial strip mall (west), McHenry Recreation Center (north), and unincorporated single-family homes (south). Consideration should be taken as to how the proposed development positively or negatively impacts the surrounding properties. See below staff comments regarding various land use considerations. • Traffic. The petitioners submitted a traffic impact analysis that was reviewed by the City’s traffic consultant. The City’s traffic consultant agreed with the findings indicated in the traffic analysis. o Municipal Drive - Left Turn Out. The City’s traffic consultant identified that the left out onto Municipal Drive would not be required if a full access to Knox Drive is added for both the VA and the Senior Living Development. There is also a plat restriction placed by the city when the subdivision was originally plated that would require the Municipal Drive access to be converted to right-in/right-out (RIRO) only. The Staff Plat Review Committee (SPRC) discussed the item - taking into consideration the age and demographic of those serviced by both the VA and the Senior Housing. SPRC ultimately felt that restricting the Municipal Drive access to RIRO may create more problems than solve. In other words, west bound drivers on Municipal Drive would most likely continue to turn left into the site even if the left-in was eliminated. • Location & Amenities. Although few amenities are provided on site, the property is located within walking distance of many other off-site amenities including a handful of dining and convenience shopping/service businesses. Other off-site amenities include the McHenry Recreation Center, regional trail connection and Knox Park. The petitioners will be required to provide a multiuse path connection along Knox Drive that would complete the loop within the existing subdivision. Staff believes the proposed use would be complimentary of all the surrounding properties. • Other Considerations. The request to rezone the property would no longer allow those uses permitted in the C-3 Community Commercial District. Rezoning the property to the RM-2 district would allow different permitted uses such as multiple-family dwellings, two-family dwellings, and single- family detached houses. The Commission may also wish to take into consideration the established1 need for low-income senior housing in McHenry County. SITE PLAN ANALYSIS • Density. The petitioners are proposing 3-story apartment building with a total of 40 dwelling units on 2.53 acres which equates to 15.8 dwelling units per acre. • Parking. The petitioners will need to receive approval of a variation to allow a total of 61 parking spaces in lieu of the required 94 parking spaces. Staff believes the proposed parking is adequate to meet parking demands for the demographic being served by this development. Bedrooms # Parking Req Parking Total 1 30 2 60 2 10 2.33 23.3 Visitor Parking 40 0.25 10 Total 93.3 • Zoning District Space Requirements. The City of McHenry’s Multifamily Zoning Districts are required to provide a total of 73% uncovered space, 45% nonvehicular space, and 5% recreational space. Staff calculated that the site would need an approximate 59’x59’ (3490.25 ft2 ) recreational space to meet this requirement. They currently are proposing a 30’x40’ (1,200 ft2) seating area along the south portion of the building which is approximately 1.59% recreational space. However, the Zoning Ordinance Definition requires a minimum width of 50’x50’ in order to be counted towards this requirement. It may be challenging to add an additional 2290 ft2 (48’x48’) of recreational space elsewhere on the site without interfering with stormwater drainage. However, there may be opportunities in the future once engineering has been completed to add additional seating areas (see detention area site plan analysis). • Detention Area. Staff have been informed that the detention pond may not be necessary but would require an engineer to make this determination. The petitioner desires to wait until they know if they were awarded grants from the Illinois Housing Development Authority (IHDA) prior to investing in site engineering. The Commission may wish to consider requiring a condition that the petitioners shall work with the Zoning Administrator to add additional outdoor landscaped seating areas if the project is selected by IHDA. Staff have included this condition in the recommended motion. • Zoning District Setback Requirements: The proposed development is in substantial conformance with the Zoning Ordinance requirements for the RM-2 High-Density Multifamily District. 1 The County funded a market study in 2008 to examine the need for low-income senior housing. The study identified that there are serious challenges for low-income seniors in McHenry County. https://www.mchenrycountyil.gov/home/showpublisheddocument/8872/634961812910530000 STAFF SUMMARY ANALYSIS • The proposed development is not in conformance with the future land use map recommendation for commercial. The commission may wish to consider whether the request is an appropriate response to changing conditions. • Staff believes the proposed number of spaces (1.5/DU) is adequate to service the needs of the development. • A submitted traffic impact analysis confirmed that the city can expect no decrease in the level of service for the intersections identified in the report. Staff is not recommending the full access onto Municipal Drive be altered and remain in place. • The development does not meet the RM-2 Recreational Space requirements (deficit of approximately 2290 ft2 ). Staff is not opposed to the petitioner’s request given there are many off-site amenities located within walking distance of the subject property. • Staff have been informed that the detention pond may not be needed once site engineering has been completed. This may create a new opportunity to add additional outside seating areas/recreation space. Staff have included a condition that the petitioner shall work with the Zoning Administrator to add additional outdoor landscaped seating/recreational space if it is determined the detention pond is not required. If the Planning & Zoning Commission agrees with the petitioner’s request, then two (2) motions are recommended: 1st MOTION: A motion to recommend approval of the petitioner’s request for a zoning map amendment from the C-3 Community Commercial District to the RM-2 High Density Multifamily Residential 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. Locating higher density residential within walking distance of convenience commercial shopping and dining experiences provides more sustainable economic growth. The site is also located next to the McHenry Recreation Center and Knox Park and therefore provides additional recreational opportunities within walking distance leading to a greater quality of life for its future residents. B. Supported by Trend of Development Rezoning the property to the RM-2 to allow higher density next to commercial is a trend that is supported in the City. The City approved the most recent Authentix Multifamily Development and Taylor Place Apartments which are both multifamily developments next to or within walking distance of commercial areas. 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 by locating higher density residential near a commercial area. The site is also located off a County highway near a IL-31 with adequate transportation infrastructure to accommodate the development. D. Furthers Public Interest The County identified in a 2008 study that low-income senior housing is in very high demand with low supply. Approval of the request inherently would support the community by allowing residents additional housing options to age in place. 2nd MOTION: A motion to recommend approval of the petitioner’s request for the following Zoning Variations: 1. Zoning Variation to allow 61 parking spaces in lieu of the 94 spaces required. 2. Zoning Variation to allow relief from Recreational Space requirements in the RM-2 High Density Multifamily Residential District. 3. Any other zoning variations necessary to accommodate the proposed development. The granting of said variations shall be subject to the following conditions: 1. The development shall be in substantial conformance with the submitted plans as determined by the Zoning Administrator. 2. In the event engineering determines the existing detention area is adequate to service the development, the Property Owner shall add additional outdoor landscaped seating area(s) onsite equal to 2,300 square feet or to the greatest extent possible as determined by the Zoning Administrator. 3. The Property Owner shall be responsible for the construction of a multiuse path, to specifications found acceptable by the Director of Public Works, along Knox Drive from Municipal Drive to Charles Miller Road. AND by making said motion, you agree that the approval criteria for Variations 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 development is served by low-income seniors which typically own less cars. The site is also within walking distance of several off-site amenities which can provide adequate recreational opportunities for the residents. B. Circumstances Relate to the Property Only. Staff believes that the configuration of the lot makes it challenging for a property owner to meet the underlying zoning district requirements for parking and recreational space while maintaining adequate stormwater detention facilities. Conditions have been placed to expand recreational seating areas should engineering determine there is adequate capacity within the existing stormwater detention facilities in the subdivision. C. Not Resulting From Applicant Action. Staff does not believe the applicant could reasonably provide the total number of parking spaces provided without increasing impervious surface and potentially not meeting the Zoning Ordinance requirements for nonvehicular space. D. Unnecessary Hardship. Staff believes that denial of the request would place an unnecessary hardship on the owner of the property. Increasing the amount of parking spaces would inherently increase impervious surface and decrease green space. This would negatively impact the quality of life of the residents when adequate parking has been provided to service the development. E. Preserves Rights Conferred By District. Staff does not believe that by granting the requested variations that it would confer a special privilege ordinarily denied to others and that other property owners would be granted relief if faced with a similar dilemma. The City has approved parking variations/exceptions for other multifamily developments such as Authentix and Taylor Place. F. Necessary For Use Of Property. Staff believes the petitioner’s request is reasonable given the configuration of the lot and that denial would deprive them of reasonable use and enjoyment of the property. G. Not Alter Local Character. Staff believes the request would not alter the local character and would have a positive impact on property values. Multifamily and commercial uses are complimentary of one another. H. Consistent With Title And Plan. Staff believes the proposed Zoning Variations are consistent with the Comprehensive Plan’s recommendation to support economic growth. I. Minimum Variance Recommended. Staff believes it is the minimum variance necessary to provide the applicant with reasonable use and enjoyment of the property. 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 Public Hearing Application Packet Page 6 of 20 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Public Hearing Application Packet Page 7 of 20 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) 9. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: South: East: West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Public Hearing Application Packet Page 8 of 20 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Public Hearing Application Packet Page 1 of 2 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. The proposed use is a 40 unit senior apartment building which is a permitted use in the requested zoning classification RM-2: High Density Multi-Family. RM-2 is compatible and complimentary of the existing zoning of properties in the environs. North of the site is zoned RS-1: Low-Density Single Family Residential and the use is a McHenry Recreation Center, an excellent amenity to the senior residents. South is zoned R1: Single Family Residential and contains several single family homes. East is zoned C- 3: Community Commercial and is the Veteran’s Health Clinic. West is zoned C-5: Highway Commercial and has retail / food establishments. All the establishments North, East, and West could benefit from this development, and the residents of the new development would benefit from easy access to these amenities. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. The area would benefit from a multifamily senior development on the proposed site. The trend of development has been an increase in local amenities such as: McHenry Hospital, McHenry Savings Bank, Brunch Café-McHenry, Antioch Pizza Shop, and Great Clips in the proposed area. This development would provide a consumer base for the amenities and add to the already existing resident base to the South of the site. 3. Consistent with Comprehensive Plan Objectives The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. The proposed senior development would provide affordable housing for residents ages 62 and older. The City of McHenry Comprehensive Plan (Plan) mentions that those ages 65-74 make up 15.1% of the population (pg.11). This development will provide affordable housing options for the aging demographic. The Plan, also mentions that homes should be built using “green” concepts and equipped with appliances Public Hearing Application Packet Page 2 of 2 that conserve energy (pg.47). This development plans to pursue an Enterprise Green certificate in addition to an Enterprise Green Plus certificate to create an efficient, renewable energy building. In addition, the Plan states that the City of McHenry welcomes all socioeconomic status and wants to encourage affordable housing to be available in all communities (pg. 46). This development will provide an affordable option for residents in the area. Furthermore, the Plan mentions that it would like to identify locations for compatible infill housing to replace vacant or underutilized sites in existing neighborhoods (pg. 49). The proposed development will utilize the site and build on the assets established by the existing community. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. This rezone will allow the creation of new affordable senior housing options to a community where 15.1% of the resident population is 65-74 years old. It will help build off the existing neighborhood assets and allow residents to enjoy the surrounding amenities the neighborhood has to offer. Public Hearing Application Packet Page 1 of 5 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. Overview: We respectfully request a zoning variance on three items for the proposed McHenry Senior Commons development: 1)Parking: We propose 61 spaces in lieu of the required 83.3 spaces (11-12-4: Table 3, Required Parking Spaces for Residential and Lodging Uses) 2)RM-2 Space Requirements: We propose 1.5% of total space dedicated for recreational use instead of 5% (11-8D-1: Table 1, Residential Districts Requirements) 3)Building Elevations: We propose approximately 30% of the proposed exterior materials to be brick façade instead of 75% (10-1-13: Exterior Wall Materials) 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. McHenry Senior Commons will be an age restricted building, where all tenants will be 62+. As such we have sized the parking lot to accommodate this population based on several similar developments Bear Development owns, where 1.5 parking spaces per unit is more than adequate to serve the property. Regarding the space for recreational use, the development will include an outdoor patio with benches and tables as well as an 8” wide muti-use pedestrian path along Bank Drive. We find these amenities to be best suited for our resident population. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern Public Hearing Application Packet Page 2 of 5 any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The proposed variances will only affect the physical character of the land and new building and will not negatively impact the character of the surrounding properties, business activity of the present, or financial circumstances of any owner. 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. Special circumstances that are the basis for the variance have not resulted from any act of the applicant or any party with interest in the property. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. . McHenry Senior Commons will be an age restricted and income restricted development. In order to provide below market rate rents, Bear Development as applied for competitive tax credits via the Illinois Housing Development Authority (IHDA). IHDA applies maximum construction cost limits, and the building as proposed will meet this requirement based on the building being construction 30% of masonry and 70% of composite siding. The composite siding would either an LP Smart Side or James Hardie product, which comes with a 50 year warranty and is a long term, high quality product. Strict application of the Code 10-1-13 would lead to a financial infeasible development. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. A variance is essential to preserving and enjoying a substantial property right and will not provide a special privilege that other properties are denied. 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant’s economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. A variance is necessary for the reasonable use and enjoyment of the property. Without a variance, the development would be financially infeasible, as explained in response to question 4, depriving all Public Hearing Application Packet Page 3 of 5 enjoyment from the potential development for all potential residents and neighboring properties.. 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. Granting a variance will not alter the essential character or the locality or impair environmental quality, property value, or public safety / welfare. A variance will make this development possible which would result in an enhancement of the character of the locality, environmental quality, property value, and public safety by creating attractive, energy efficient new construction development that will be complimentary to the surrounding neighborhood. This would be an asset to the neighborhood. 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The proposed use is a 40-unit senior apartment building which is a permitted use in the requested zoning classification RM-2: High Density Multi-Family. RM-2 is compatible and complimentary of the existing zoning of properties in the environs. The proposed senior development would provide affordable housing for residents ages 62 and older. The City of McHenry Comprehensive Plan (Plan) mentions that those ages 65+ make up 15.1% of the population (pg.11). This development will provide affordable housing options for the aging demographic. The Plan also mentions that homes should be built using “green” concepts and equipped with appliances that conserve energy (pg.47). This development plans to pursue an Enterprise Green certificate in addition to an Enterprise Green Plus certificate to create a near Net Zero building. In addition, the Plan states that the City of McHenry welcomes all socioeconomic status and wants to encourage affordable housing to be available in all communities (pg. 46). This development will provide an affordable option for residents ages 62+ in the area. Furthermore, the Plan mentions that it would like to identify locations for Public Hearing Application Packet Page 4 of 5 compatible infill housing to replace vacant or underutilized sites in existing neighborhoods (pg. 49). The proposed development will utilize the currently undevelopment site and build on the assets established by the existing community, such as the nearby recreation center, aquatic center, and park. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Correct, this variance request is the minimum required in order to render this project feasible and provide the applicant with reasonable use. Without a variance, the proposed development would be infeasible depriving all use and enjoyment from the property. Public Hearing Application Packet Page 5 of 5 FIRST FLOOR:SECOND FLOOR:THIRD FLOOR:TOTAL:14,371 S.F.14,419 S.F.14,419 S.F.43,209 S.F.PROJECT DESCRIPTION:BUILDING AREA:THIS PROJECT CONSISTS OF A 3 STORY, 40 UNIT, WOOD FRAMED APARTMENT ON GRADE WITH NO UNDERGROUND PARKING SPRINKLERED THROUGHOUT PER NFPA 13R. EXTERIOR OF BUILDING CONSISTS OF SHINGLED ROOF AND BRICK VENEER / COMPISITE SIDING EXTERIOR WALLS.160,102.68 G.S.F. (+/-4.152 ACRES)SITE AREA:PER CODE FOR OCCUPANCY218' -0" x 74' - 2 1/2"OVERALL BLDGDIMENSIONS:BUILDING HEIGHT:ALLOWED:35'-0" MAXIMUM -MIDPOINT OF HIGHEST ROOF (ORDINANCE)4 STORIES / 60 FEET (CODE)PROVIDED:35'-0" MAX ALLOWED PER FLOOR ]PER FRONTAGE INCREASE (506.3)l[f] = F/P -0.25] W/30l[f] = [594.417/682.417 -0.25] 19.66 / 30l[f] = .41 (12,000 S.F.) = 16,920 S.F.12,000 S.F. + 4,920 S.F. ALLOWS FOR 16,920 S.F. PER FLOORCODE REVIEW BASED ON CODES, RULES AND REGULATIONS AS DESCRIBED IN THE FOLLOWING:LOCAL ORDINANCE:MCHENRY, IL CODE OF ORDINANCESBUILDING CODE:INTERNATIONAL BUILDING CODE, 2015MECHANICAL CODE:INTERNATIONAL MECHANICAL CODE, 2015PLUMBING CODE:ILLINOIS PLUMBING CODE, 2014ELECTRICAL CODE:NATIONAL ELECTRICAL CODE, 2014FUEL GAS CODE:FUEL GAS CODE, 2015ACCESSIBILITY CODE:ICC / ANSI A117.1, 2017FIRE CODE:NATIONAL FIRE PROTECTION ASSOCATION (NFPA) 13RENERGY CODE:INTERNATIONAL ENERGY CONSERVATION CODE (IECC), 2018BUILDING CODES:SECTION 310.4ACCESSORY USE GROUPSUSE GROUP:R-2, RESIDENTIALA-3, ASSEMBLYB, BUSINESSS, STORAGE**ACCESSORY OCCUPANCY LESS THAN 10% OF AREATYPE 5A, FULLY SPRINKLEREDCONSTRUCTION TYPE:HEIGHT AND AREA LIMITATIONS:ALLOWED:4 STORY, 60' -0" MAX. (CODE)3 STORY, 35' 0 " MAX (ORDINANCE)PROVIDED:3 STORY, 35' -0"TABLE 504ILLINOIS ACCESSIBILTY CODE, 20182000 NFPA 101 LIFE SAFETY CODESECTION 504 OF THE 1973 REHABILITATION ACTCopyright © 2022 HDJ Inc. All Rights ReservedMCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOISSENIOR HOUSINGMCHENRY SENIOR COMMONSIHDA APPLICATION: 2022.03.022022.0010SHEET INDEXSHEET#SHEET NAMECURRENTISSUANCEDATECURRENTISSUANCEDESCRIPTIONAPP-0 COVER SHEET2022.02.14 IHDA APPAPP-1 CONCEPTUAL SITE PLAN 2022.02.14 IHDA APPLANDSCAPEL1 OF L3 LANDSCAPE SUMMARY AND TITLE SHEET 2022.02.14IHDA APPL2 OF L3 LANDSCAPE CONCEPTUAL PLAN 2022.02.14 IHDA APPL3 OF L3 LANDSCAPE SPECIFICATIONS 2022.02.14 IHDA APPAPP-2 FIRST FLOOR PLAN 2022.02.14 IHDA APPAPP-3 SECOND FLOOR PLAN 2022.02.14 IHDA APPAPP-4 THIRD FLOOR PLAN 2022.02.14 IHDA APPAPP-5 UNIT FLOOR PLANS 2022.02.14 IHDA APPAPP-6 UNIT FLOOR PLANS 2022.02.14 IHDA APPAPP-7 EXTERIOR ELEVATIONS 2022.02.14 IHDA APPAPP-8 WALL SECTIONS2022.02.14 IHDA APPSHEET TOTAL: 12UNIT MATRIXARCHUNITNUMBERUNITTYPENUMBER OFBEDROOMSNUMBEROFBATHSACCESSIBILITY AREA (SF)1BR 2BR 1BA 2BA TYPE A TYPE B A / V NETU101 UNIT 2B X X X 1036U102 UNIT 1F X X X 731U103 UNIT 1D X X X697U104 UNIT 1A X X X 697U105 UNIT 1C X X X 697U106 UNIT 1C X X X 697U107 UNIT 1C X X X 697U108 UNIT 2C X X X 1011U109 UNIT 1C X X X 697U110 UNIT 1A X X X 697U111 UNIT 2E X X X1032U112 UNIT 1E X X X731U201 UNIT 2E X X X1032U202 UNIT 1F X X X 731U203 UNIT 1C X X X 697U204 UNIT 1A X X X 697U205 UNIT 1C X X X 697U206 UNIT 1A X X X 697U207 UNIT 1B X X X 670U208 UNIT 1C X X X 697U209 UNIT 1D X X X697U210 UNIT 2C X X X 1011U211 UNIT 1C X X X 697U212 UNIT 1A X X X 697U213 UNIT 2B X X X 1036U214 UNIT 1F X X X 731U301 UNIT 2B X X X 1036U302 UNIT 1F X X X 731U303 UNIT 1C X X X X 697U304 UNIT 1A X X X 697U305 UNIT 1C X X X 697U306 UNIT 1A X X X 697U307 UNIT 2D X X1007U308 UNIT 1D X X697U309 UNIT 1C X X X 697U310 UNIT 2C X X X 1011U311 UNIT 1D X X X697U312 UNIT 1A X X X 697U313 UNIT 2B X X X 1036U314 UNIT 1F X X X 731Grand total: 40PROJECT TEAMARCHITECT:HOOKER DEJONG, INC316 MORRIS AVE., SUITE 410MUSKEGON, MI 49440P. 231-722-3407MECHANICAL, ELECTRICAL, PLUMBING, FIRE PROTECTION ENGINEER:HOOKER DEJONG, INC.316 MORRIS AVE., SUITE 410MUSKEGON, MI 49440P. 231-722-3407DEVELOPER:BEAR DEVELOPMENT4011 80TH STREETKENOSHA, WI 53142BUILDING BREAKDOWNAREA:TOTAL:FIRST FLOORSECOND FLOORTHIRD FLOORTOTAL:14,371 SF14,419 SF14,419 SF43,209 SFCODE SUMMARYLOCATION PROPOSED DEVELOPMENTMUNICIPAL DRIVECHARLES J MILLER MEMORIAL HWYBANK DRIVERETENTION POND8' ELECTRICAL LINE EASEMENTDUMPSTER ENCLOSURE30' BUILDING SETBACK30' BUILDING SETBACK10' BUILDING SETBACKSITTING AREAUNIT MIX AND COUNT30 1-BEDROOM UNITS10 2-BEDROOM UNITS40 UNITS TOTALPARKING PROVIDED: 6112 SPACES18' - 0" 24' - 0" 18' - 0"0"10 SPACES22 SPACES3 SPACES8' WIDE MULTI-USE PEDESTRIAN PATH5' WIDE LANDSCAPE SCREEN 5' - 0"18' - 0" 24' - 0"5' - 0"6' - 0"14 SPACES40' - 0"30' - 0"Project #:PRELIMINARYNOT FOR CONSTRUCTIONDate:APP-1CONCEPTUAL SITE PLAN2022.0010MCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOIS03/02/221" = 40'-0"CONCEPTUAL SITE PLAN Ball Dia. + 24" Note: The root collar/flair shall be 0 to 1 inch above ground level and not planted under ground level. Note that the root collar is typically 1 to 3 inches below top of root ball. No synthetic burlap will be accepted. DECIDUOUS TREE PLANTING 1/4" = 1'-0" Do not cut leader. Tree wrap as required. See specs. 4" Layer of mulch. 3' Dia. Mulch ring. Top of root ball shall be 3" above finish grade before backfilling. Remove burlap & rope from top 1 3 of ball. 4" Soil saucer around tree Existing grade. Planting mixture. See specs. 6" Compacted planting mixture. Loosen hardpan (24" min.) 1 32 9343.33-20 6' Min. Dia. 2-5x Root Ball Dia.8"Typ.CONIFER TREE PLANTING 1/4" = 1'-0" 2 -Ply rubber hose 2 3 up tree height. Guying cables @ 3 guys per tree. Galvanized turnbuckle. See specs. Top of root ball shall be 3" above finish grade before backfilling. White guy wire flag. 4" Layer of mulch. 3' Dia. Mulch ring. Remove burlap from top 1 3 of root ball; cut and remove as much wire basket as possible from the root ball. Existing grade. Steel guying stake- auger type. 18" min. set top of stake at grade. Planting mixture. Compacted planting mixture. See specs. Loosen hardpan (min. 24") Note: Remove all stakes and wires after one year of growth. 32 9343.46-01 2 SHRUB PLANTING DETAIL 3/4" = 1'-0"6"8"Ball Dia. ±12" Top of root ball shall be 2" above finish grade before backfilling. Cut and remove burlap, twine, and/or wire from top 1 3 of rootball. 4" layer of mulch. 6" saucer around pit. Trench. Vertically cut edge. Planting mixture. See specs. Existing grade Compacted planted mixture. See specs. Loosen hardpan (8" min.). 45° or Less 32 9333.16-05 3 8" MinSee Planting Plan ORNAMENTAL GRASS PLANTING 1" = 1'-0" Ornamental grassOrnamental grass. 2" Layer of mushroom compost. Finish grade. Planting mixture: 1 3 Mushroom compost, 1 3 Sand, 1 3 Topsoil Triangulate in mass plantings unless otherwise specified Note: 1.Spacing varies depending on plant species, see plant list. 2.Remove plastic planting container before planting. Use care to keep the root system intact. 32 9313-01 4 8" MinSee Planting Plan PERENNIAL / ANNUAL PLANTING 1" = 1'-0" PerennialsPerennials 2" Layer of mushroom compost. Finish grade. Planting mixture: 1 3 Mushroom compost, 1 3 Sand, 1 3 Topsoil Triangulate in mass plantings unless otherwise specified Note: 1.Spacing varies depending on plant species, see plant list. 2.Remove plastic planting container before planting. Use care to keep the root system intact.8" Min32 9313-02 5 4" Min.4"3" Note: All mulch beds for mass planting areas shall be installed in a uniform curvilinear fashion as indicated. Mulch shall extend a minimum of 12" beyond the outside edge of the root ball and installed according to the contract specifications. Example Bed Layout CONTINUOUS MULCH EDGING 1" = 1'-0" Lawn/ Sod area Spade cut edge Amended soil Hardwood mulch 32 9113.26-01 6 Landscape Notes: 1.Seed/ Sod limit line is approximate. Seed/ Sod to limits of grading and disturbance. Contractor responsible for restoration of any unauthorized disruption outside of designated construction area. 2.Contractor responsible for erosion control in all seeded/ sodded areas. 3.Tree mulch rings in turf areas are 5' diameter. Contractor shall provide a mulch ring around all existing trees within the limits of work. Remove all existing grass from area to be mulched and provide a typical spade cut edge. Landscape Fabric shall not be installed under mulch. 4.Bedlines are to be spade cut to a minimum depth of 3". Curved bedlines are to be smooth and not segmented. 5.All planting, beds shall receive top dressing of mulch. Landscape fabric shall not be installed under mulch. 6.Do not locate plants within 10' of utility structures or within 5' horizontally of underground utility lines unless otherwise shown on plans. Consult with Landscape Architect if these conditions exist. 7.For Lump Sum Contracts, plants and other materials are quantified and summarized for the convenience of the Owner and jurisdictional agencies only. Confirm and install sufficient quantities to complete the work as drawn and specified. No additional payments will be made for materials required to complete the work as drawn and specified. 8.For Unit Price Contracts, payments will be made based on actual quantities installed as measured in place by the Owner's Representative. 9.It is the responsibility of the contractor to locate and provide plant material as specified on this plan. The contractor may submit a request to provide substitutions for the specified plant material under the following conditions: a.Any substitutions proposed shall be submitted to the project owner's representative within two weeks of the award of contract. Substitutions must meet equivalent design and functional goals of the original materials as determined by the owner's representative. Any changes must have the approval of the owner's representative, b.The request will be accompanied by at least three notices from plant material suppliers that the plant material specified is not available and will not be available prior to construction. 10.Verify site conditions and information on drawings. Promptly report any concealed conditions, mistakes, discrepancies or deviations from the information shown in the Contract Documents. The Owner is not responsible for unauthorized changes or extra work required to correct unreported discrepancies. Commencement of work shall constitute acceptance of conditions and responsibility for corrections 11.A minimum of two working days before performing any digging, call underground service alert for information on the location of natural gas lines, electric cables, telephone cables, etc. The contractor shall be responsible for location and protection of all utilities, and repair of any damage resulting from his work at no additional cost to the owner. 12.Contractor shall promptly repair all damages to existing site at no cost to owner. 13.Refer to landscape specifications for additional conditions, standards, and notes. City of McHenry Required Landscaping PLANTING AREA REQUIREMENTS Requirement: Deciduous trees must be 2" Cal min. and evergreens must be 6' ht. RESIDENTIAL SCREEN STRIP DESIGN STANDARDS: Not Required; Not adjacent to Residential Property PARKING LOT PERIMETER LANDSCAPING DESIGN STANDARDS: Requirement: Minimum 5' wide landscaping adjacent to adjoining properties and right-of-ways. One (1) Shade Tree per 30 linear feet. Continuous row of shrubs. West Property Line: 100 linear feet 100 / 30 = (3.33) = 3 Trees with continuous shrubs North Property Line: 130 linear feet 130 / 30 = (4.33) = 4 Trees with continuous shrubs East Property Line: Not required (Adjoining Parking Lot) South Property Line: 180 linear feet 180 / 30 = 6 Trees with continuous shrubs PARKING ISLAND DESIGN STANDARDS: Requirement: One deciduous tree shall be planted in a parking island for every 20 parking spaces. Total parking spaces on the landscape plan: 61 Spaces 61 / 20 = (3.05) = 3 Parking Lot Trees Required Required - 3 Parking Lot Trees On Plan - 5 Parking Lot Trees Provided due to 5 Parking Lot Islands proposed. SITE LANDSCAPING: Requirement: An area of at least 10% of the parking lot area shall be provided with landscaping. Total Parking Lot Area on Site: 27,595 Sq. Ft. 27,595 x 0.10 = 2,759.5 Sq. Ft. Required: 2,759.5 Square Feet of Landscaping On Plan: 2,759.5 Square Feet of Landscaping BUILDING PERIMETER LANDSCAPING: Requirement: Building square footage between 10,000 and 80,000 square feet. Front Building: 225 linear feet Trees required one (1) per 50 linear feet along front of building. Minimum 5' wide landscaping required. 225 / 50 = (4.5) = 5 Shade Trees to be proposed On Plan: 5 Shade Trees Sides of Building: 78 linear feet (2 each) 25% of each side of building to be landscaped with required 5' wide landscaping area. 78 linear feet x 0.25 = 19.5 linear feet to be landscaped on each the north and south sides of the building On Plan: 60 linear feet each Rear of Building: 225 linear feet 5% of rear building to be landscaped with required 5' wide landscaping area. 225 linear feet x .05 = 11.25 linear feet to be landscaped along the rear of the building On Plan: 35 linear feet PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTMTMMCHENRY SENIOR APARTMENTSCITY OF MCHENRY, ILLINOISLANDSCAPE SUMMARY AND TITLE SHEETL1 L3 PROPOSED DEVELOPMENT MUNICIPAL DRIVE CHAR L E S J M I L L E R M E M O R I A L H W YBANK DRIVERETENTION POND 8' ELECTRICAL LINE EASEMENT DUMPSTER ENCLOSURE 30' BUILDING SETBACK 30' BUILDING SETBACK 10' BUILDING SETBACK SITTING AREA 12 SPACES 18' - 0"24' - 0"18' - 0"0"10 SPACES 22 SPACES3SPACES8' WIDE MULTI-USE PEDESTRIAN PATH 5' WIDE LANDSCAPE SCREEN 5' - 0" 18' - 0"24' - 0" 5' - 0" 6' - 0" 14 SPACES PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTMTMMCHENRY SENIOR APARTMENTSCITY OF MCHENRY, ILLINOISLANSCAPE CONCEPT PLANL2 L3 INTERNAL PARKING LOT TREES 3 - PERIMETER PARKING LOT SHADE TREES 8 - PERIMETER PARKING LOT EVERGREEN TREES 7 - FOUNDATION BUILDING TREES 5 - ORNAMENTAL TREES 2 - LARGE EVERGREEN SHRUBS 10 - SMALL EVERGREEN SHRUBS 98 - SMALL DECIDUOUS SHRUBS 105 - ORNAMENTAL GRASS 25 - PERENNIAL SHRUBS 72 - CONCEPT PLANT SCHEDULE NORTH Legend Turf Cardno Stormwater Seed Mix or Equal (with Cover Crop) IHDA Requirement Item 1a) Provide a landscape plan including only native or regional plantings only. Planting plan shall be provided and certified to by a Landscape Architect to meet this requirement. Note: We certify that the proposed landscape plan includes only native and regional plantings as required per IHDA item 1a. PART 1 - GENERAL 1-01 DESCRIPTION: A.Provide trees, shrubs, perennials and groundcovers as shown and specified. This work includes: 1.Spreading of topsoil or soil preparation 2.Trees, shrubs, perennials and groundcovers 3.Planting mixes 4.Mulch and planting accessories 5.Fertilizer and herbicide 6.Maintenance 7.Warranty of plant material B.The Contractor shall verify all existing conditions and dimensions in the field prior to bidding and report any discrepancies to the Owner or his/her representative. 1-02 QUALITY ASSURANCE: A.Comply with site work requirements B.Plant names indicated must comply with 'Standardized Plant Names' as adopted by the latest edition of the American Joint Committee of Horticultural Nomenclature. Names of varieties which are not listed should conform with those generally accepted by the nursery trade. Stock should be legibly tagged. C.All plant materials shall conform to the 'American Standards for Nursery Stock' (ASNS), latest edition, published by the American Association of Nurserymen, Washington, D.C. D.All plant material shall be grown and supplied within a 50 mile radius of the project for a minimum of two full growing seasons. E.Adhere to sizing requirements as listed in the plant list and/or bid form for the project. A plant shall be measured in its natural standing position. F.Stock that is furnished shall be at least the minimum size shown. With permission of the landscape architect, substitution from the specified plant list will be accepted only when satisfactory evidence in writing is submitted to the landscape architect, showing that the plant specified is not available. Requests for approval of substitute plant material shall include common and botanical names and size of substitute material. Only those substitutions of at least equivalent size and character to that of the specified material will be approved. Stock which is larger than that which is specified is acceptable with permission of the landscape architect, providing there is no additional cost and that the larger plant material will not be cut down in order to conform to the size indicated. G.All shrubs shall be dense in form. Shrub liners do not meet these specifications. Shrubs specified by height shall have a spread that is equal to the height measurement. Shrubs which are specified by spread shall exhibit the natural growth habit of the plant by having a greater spread than height. H.All plant materials are subject to inspection and approval. The landscape architect and Owner reserve the right to select and tag all plant material at the nursery prior to planting. The landscape architect and Owner reserve the right to inspect plant material for size and condition of root systems, the presence of insects and diseases, injuries and latent defects (due to Contractor negligence or otherwise), and to reject unacceptable plant material at any time during progress of the project. I.Container grown deciduous and/or evergreen shrubs will be acceptable in lieu of balled and burlapped shrubs subject to specified limitations for container grown stock. Size of container grown material must conform to size/height requirements of plant list. 1-03 DELIVERY, STORAGE & HANDLING: A.Fertilizer shall be delivered in original, unopened and undamaged packaging. Containers shall display weight, analysis and manufacturer's name. Store fertilizer in a manner that will prevent wetting and deterioration. B.Take all precautions customary concerning proper trade practice in preparing plants for transport. Plants shall be dug, packed and transported with care to ensure protection against injury. Inspection certificates required by law shall accompany each shipment invoice or order to stock and on arrival, the certificate shall be filed with the landscape architect . All plants must be protected from drying out. If plant material cannot be planted immediately upon delivery, said material should be properly protected in a manner that is acceptable to the landscape architect . Heeled-in plants must be watered daily. No plant shall be bound with rope or wire in a manner that could strip bark or break or shear branches. C.Plant material transported on open vehicles should be covered with a protective covering to prevent wind burn. D.Dry, loose topsoil shall be provided for planting bed mixes. Muddy or frozen topsoil is unacceptable as working with medium in this condition will destroy its structure, making root development more difficult. 1-04 PROJECT CONDITIONS: A. Notify landscape architect at least seven (7) working days prior to installation of plant material. B. It shall be the Contractor's responsibility to locate and protect all existing above and below ground utilities. Utilities can be located and marked (in Illinois) by calling J.U.L.I.E. at (800)892-0123. C. The Contractor shall provide, at his/her own expense, protection against trespassing and damage to seeded areas, planted areas, and other construction areas until the preliminary acceptance. The Contractor shall provide barricades, temporary fencing, signs, and written warning or policing as may be required to protect such areas. The Contractor shall not be responsible for any damage caused by the Owner after such warning has been issued. D. The Contractor shall be responsible for the protection of crowns, trunks and roots of existing trees, plus shrubs, lawns, paved areas and other landscaped areas that are to remain intact. Existing trees, which may be subject to construction damage, shall be boxed, fenced or otherwise protected before any work is started. The Owner desires to preserve those trees within and adjacent to the limits of construction except those specifically indicated to be removed on the Drawings. The contractor shall erect protective tree fencing and tree armor at locations indicated on the drawings and around all trees on site which are to be preserved. Protective fencing shall be erected between the limits of construction and any tree preservation areas shown on the Drawings. E. A complete list of plants including a schedule of sizes, quantities and other requirements is shown on the Drawings and on the bid form. In the event that quantity discrepancies or material omissions occur in the plant materials list, the planting plans shall govern. 1-05 PRELIMINARY ACCEPTANCE: A.All plantings shall be maintained by the Contractor for a period of 90 days after preliminary acceptance by the Owner or his/her representative. Maintenance shall include, but is not limited to: mowing and edging turf, pulling weeds, watering turf and plant material and annual flower maintenance. 1-06 WARRANTY: A.All plant material (excluding annual color), shall be warranteed for one (1) year after the end of the 90 day maintenance period. The end of the maintenance period is marked by the final acceptance of the Contractor's work by the Owner or his/her representative. Plant materials will be warranteed against defects including death and unsatisfactory growth, except for defects resulting from abuse or damage by others, or unusual phenomena or incidents which are beyond the control of the Contractor. The warranty covers a maximum of one replacement per item. PART 2 - PRODUCTS 2-01 PLANT MATERIALS: A.Plants: Provide typical of their species or variety, with normal, densely developed branches and vigorous, fibrous root systems. Only sound, healthy, vigorous plants which are free from sunscald injuries, disfiguring knots, frost cracks, abrasions of the bark, plant diseases, insect eggs, borers, and all forms of infestation shall be provided. All plants shall have a fully developed form without voids and open patches. 1.Balled and burlapped plants shall have a firm natural ball of earth of sufficient diameter and depth to encompass a root system necessary for a full recovery of the plant. Root ball sizes shall comply with the latest edition of the 'American Standards for Nursery Stock' (ASNS). Root balls that are cracked or mushroomed are unacceptable. 2.Container grown stock should be grown for an amount of time that is of sufficient length for the root system to have developed enough to hold its soil togehter, firm and whole. Plants will not be loose in their containers, nor shall they be pot-bound and all container grown stock will comply with the sizes stated on the plant list. 3.No evidence of wounds or pruning cuts shall be allowed unless approved by the Landscape Architect. 4.Evergreen trees shall be branched to the ground. The height of evergreen trees are determined by measuring from the ground to the first lateral branch closest to the top. Height and/or width of other trees are measured by the mass of the plant not the very tip of the branches. 5.Shrubs and small plants shall meet the requirements for spread and/or height indicated in the plant list. The height measurement shall be taken from ground level to the average height of the top of the plant, not the longest branch. Single stem or thin plants will not be accepted. Side branches shall be flushed with growth and have good form to the ground. Plants shall be in a moist, vigorous condition, free from dead wood, bruises or other root or branch injuries. 2-02 ACCESSORIES: A.Topsoil: 1.Topsoil shall be fertile, natural topsoil of a loamy character, without admixture of subsoil material. Topsoil shall be reasonably free from clay, lumps, coarse sand, stones, plants, roots, sticks and other foreign materials with a pH between 6.5 to 7.0. B. Topsoil for seed areas shall be a minimum of 6". C. Soil amendments shall be as follows: 1.For trees and shrubs the plant pit will be backfilled with pulverized black dirt. 2.For perennials and ornamental grasses the soil mixture will be as follows: CM-63 General Purpose Peat Based Mix as supplied by Midwest Trading. Top beds with 8" of CM-63 and till into existing beds to a depth of 8". Soil mixtures are available from Midwest Trading. Midwest Trading, St. Charles, IL 60174 (630) 365-1990 D. Fertilizer: 1.For trees and shrubs use: 14-4-6 briquettes 17 g or equivalent available from Arthur Clesen, Inc. Follow manufacturer's recommendation for application. Arthur Clesen, Inc. 543 Diens Drive, Wheeling, IL 60090 (847)537-2177 2. For turf areas use 6-24-16 Clesen Fairway with micronutrients with minor elements 3.0 % S, .02% B, .05% Cu, 1.0% Fe, .0006% Mo, .10% Mn available from Arthur Clesen or approved equal. E.Herbicide: 1.Round-Up or approved equal F.Mulch: 1.Bark mulch shall be finely shredded hardwood bark which has been screened and is free of any green foliage, twigs, rocks, sawdust, wood shavings, growth or germination inhibiting ingredients, or other foreign materials. Bark mulch is available from Midwest Trading. 2.Mushroom compost as available from Midwest Trading. G.Water: 1.Water service will be available on the site, with the cost of water being paid by the Owner. Transporting of the water from the source to the work areas shall be the responsibility of the Landscape Contractor. All necessary hose, piping, tank truck, etc. shall be supplied by the Landscape Contractor. H.Guying: 1. Stakes: 5/8" x 40" steel eye anchor with 4" helix 2. Cable: a. Trees under 5": flexible 1/8" galvanized aircraft cable, 7x7 strand or approved equal b. Trees 5" and over: flexible 3/16" galvanized aircraft cable, 7x7 strand or approved equal. 3. Turnbuckles: 5/16", eye and eye, with 4" takeup. 4. Hose: new two-ply reinforced rubber hose, minimum 1/2" I.D. I.Tree wrap: Burlap tree wrap 4" wide. J.Twine: Soft nursery jute. PART 3 - INSTALLATION OF PLANT MATERIAL 3-01 FIELD VERIFICATION: A.Examine proposed planting areas and conditions of installation. Do not start planting work until unsatisfactory conditions are corrected. 3-02 PREPARATION: A.All planting techniques and methods shall be consistent with the latest edition of 'Horticulture Standards of Nurserymen, Inc.' and as detailed on these Drawings. B.Planting shall be performed by experienced workmen familiar with planting procedures under the supervision of a qualified supervisor. C.All underground utilities must be located and marked clearly. D.Apply Round-Up or approved equivalent to kill any existing vegetation in all areas to be planted. Confirm length of waiting period between chemical application and plant installation with manufacturer. Do not begin planting operations until prescribed post-application waiting period has elapsed. Take extreme care to avoid chemical drift to adjoining properties of landscape plantings. E.Prior to all planting, rototill all areas to be landscaped to prepare for plant installation to a minimum depth of 12". Eliminate uneven areas and low spots. Maintain lines, levels, profiles and contour. Changes in grade are to be gradual. Blend slopes into level areas. Remove all debris, weeds and undesirable plants and their roots from areas to be planted. Remove all concrete slag larger than 2" in diameter. F.Topsoil shall be spread over the site at a minimum depth of 6". For those areas which are indicated as prairie or natural areas on the Drawings, a topsoil depth of 18" is recommended where possible. G.It shall be the responsibility of the landscape contractor to prepare all seeded areas by disking and raking prior to planting seed. Soil shall be loosened and scarified to a minimum depth of 6". Fine grading of all seeded areas is required. Maximum size of stone or topsoil lump is 1". H.Locate all plant material as indicated or as approved in the field by the Landscape Architect. If obstructions are encountered which are not shown on the drawings, then do not proceed with planting operations until alternate plant locations have been selected. I.Planting holes shall be constructed as shown on the planting details. Holes shall be hand dug or machine dug. Great care will be taken to not excavate the hole deeper than the root ball and the diameter shall be a minimum of two times the root ball width. Remove any materials encountered in excavation that may be injurious to plant growth, including stones larger than 2" in diameter or other debris. Soil to be used as backfill should be pulverized. J.Provide pre-mixed planting mixture for use around root systems and root balls of the plants. The mixtures are outlined in section B of part 2-02. K.Prior to planting, provide additional topsoil to all planting beds to bring the finish grade of the bed to 2" above lawn grade and to finish grade of adjacent hard surface grades. L.Add 2" thickness of mushroom compost to all annual, perennial and groundcover beds. Finish grade bed and install plants. 3-03 PLANTING PROCEDURES: A.Set plant material in the planting hole to proper grade and alignment. Set plants upright and plumb. Set plant material 2" above the adjacent finish grade. Remove burlap from top 1/3 of root ball. Remove treated burlap (green). Cut and remove or cut and fold down upper half of wire basket, dependent upon tree size. Backfill hole by firmly tamping soil to avoid any air pockets or voids. B.Set balled and burlapped plants in the planting hole and compact 8" of soil around the base of the ball. Backfill remaining space with planting mixture. Water plants immediately after planting to eliminate all voids and thoroughly soak the plant root ball. C.Space groundcover plants according to dimensions given on the plans. Adjust spacing as necessary to evenly fill planting bed with indicated number of plants. Plant to within 18" of the trunks of trees and shrubs or at the edge of the plant ball, whichever is closest. Plant to within 12" of edge of bed. D.Mulching: 1.Install 4" depth of mulch around all tree and shrub beds as indicated on drawings or planting details. Mulch shrub planting areas as continuous beds. Do not place mulch directly against tree trunk; form mulch to create an inverted cone around trunk. 2.Mulch perennial, groundcover and annual planting beds with 2" mushroom compost. Water mulched areas thoroughly after placing mulch. E.Tree wrapping is not required, unless the Contractor feels it is necessary due to characteristics of a particular species or past experience with the species. The landscape architect will be notified as to which trees are to be wrapped and shall inspect the trunk(s) before wrapping. Tree wrap will not be used to cover damage or defects. When wrapping is done, trunks will be wrapped spirally with approved tree wrapping tape that is not less than 4" wide, and securely tied with suitable cord at the top, bottom and 2" intervals along the trunk. Wrap from ground to the height of the first branch. F.Staking and guying of trees is optional. If the Contractor chooses to stake all or part of the trees, he/she shall use the method specified in the planting details. One (1) stake is to be used on trees of 1" caliper and under, or 4' height and under. Two (2) stakes are to be used on trees of 1" to 2 3/4" caliper. Guy trees of 3" caliper or larger at three (3) per tree. The root ball will not be pierced with a stake. Stakes are to be driven at least eighteen (18) inches into subsoil below the planting hole. Stakes and wire attachments shall be removed after three months for spring planted material and by the following May for fall planted stock by the Contractor. Staking and guying should be done immediately after lawn seeding or sodding operations. G.Seeding of specified lawn areas on plans will be treated as follows: 1.Topsoil shall be spread over all areas to be seeded to a minimum depth of 6" when compacted (to be performed by others). 2.Seed mixture and application rate - use Premium seed mix as supplied by Arthur Clesen, Inc. Apply at a rate of 5 lbs./1000 s.f. 3.Apply fertilizers and conditioners at the rate specified per soil test findings. In lieu of soil test results, apply two (2) tons of ground agricultural limestone and 1000 lbs. 10-10-10 or equivalent analysis fertilizer per acre. At least 40% of the fertilizer nitrogen shall be of an organic origin. 4.Soil preparation areas where vehicular traffic has compacted the soil shall be loosened/scarified to a minimum depth of 6" before fertilizing and seeding. Fine grading of all seeded areas is required. Maximum size of stone or topsoil lump is 1". 5.Watering seeded areas shall be done to ensure proper germination. Once seeds have germinated, watering may be decreased but the seedlings must never be allowed to dry out completely. Frequent watering should be continued approximately four (4) weeks after germination or until grass has become sufficiently established to warrant watering on an 'as needed' basis. 6.Turf is being established on a variety of slope conditions. It shall be the Contractor's responsibility to determine and implement whatever procedures he/she deems necessary to establish the turf as part of his/her work. Seeded areas will be accepted when all areas show a uniform stand of the specified grass in healthy condition and at least 90 days have elapsed since the completion of this work. The Contractor shall submit with his/her bid a description of the methods and procedures he/she intends to use. H.Erosion Control Blanket 1.Erosion Control Blanket shall be installed per manufacturer's recommendation in all areas shown on the plan. 2.Install S-75 Erosion Control Blanket as manufactured by North American Green or approved equal. 3.Blanket should be premarked with staple pattern. 4.Staples should be 8" wire staples, applied at two (2) per square yard minimum. 5.Suitable erosion control practices shall be maintained by the CONTRACTOR in accordance with Illinois Urban Manual and all applicable Soil Erosion and Sedimentation Control ordinances and the PLANS. I.Sodding of specified lawn areas on plans will be completed as follows: 1.Rake soil surface to receive sod to completely remove any soil crust no more than one day prior to laying sod. 2.Moisten prepared surface immediately prior to laying sod. Water thoroughly and allow surface moisture to dry before planting lawns. Do not create a muddy soil condition. 3.Sod shall be laid within 24 hours from the time of stripping. Do not plant dormant sod or if the ground is frozen. 4.Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod strips; do not overlap. Stagger strips to offset joints in adjacent courses. Work from boards to avoid damage to subgrade or sod. Work sifted soil into minor cracks between pieces of sod; remove excess to avoid smothering of adjacent sod. 5.Place top elevation of sod 1/2 inch below adjoining edging or paving. 6.Water sod thoroughly with a fine spray immediately after planting. 7.After sod and soil have dried, roll seeded areas to ensure a good bond between the sod and soil, and to remove minor depressions and irregularities. 8.Sodded slopes 3:1 or greater shall be staked to prevent erosion and washout. 9.Warranty sodding for a period of one (1) year from the end of the 90 day maintenance period. If sod fails or lacks vigor and full growth as determined by the Landscape Architect, the Contractor will repeat site preparation operations and re-sod affected areas at the Contractor's expense. 10.Note: Sod shall be a premium Kentucky Bluegrass blend, and is required in all areas indicated on the plans as well as areas which have been affected by construction. Sod can be placed as long as water is available and the ground surface can be properly prepared. Sod shall not be laid on frozen or snow-covered ground. Sod shall be strongly rooted, not less than two (2) years old and free of weeds and undesirable native grasses. Sod should be machine cut to pad thickness of 3/4" (plus or minus 1/4"), excluding top growth and thatch. Provide only sod capable of vigorous growth and development when planted (viable, not dormant). Provide sod of uniform pad sizes with maximum 5% deviation in either length or width. Broken pads or pads with uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on the upper 10% of pad will not be accepted. J.Timing of plant material and seeding operations: 1.Seeding of specified areas shall occur when the soil temperature is above 55° F. No seed shall be sown during periods of high winds, or when the ground is not in proper condition for seeding (see section 3-02 (G)). Seeding operations for the specified mixes shall occur in the spring time frame of April 15 through June 30 and in the summer time frame of August 15 through December 1. The mixes containing bluegrass and fescue seed must have six weeks to harden off for winter survival. 2.Sod shall be installed when the ground is not frozen or snow covered and temperatures are less than 80° F. It shall not be placed during a period of extended drought. 3.Herbaceous ornamental plants shall be planted between May 1 and June 15 or between August 15 and December 1. 4.Spring planting of woody ornamental plants shall be performed from the time the soil can be easily worked until June 1, except that evergreen planting shall end on May 15. Oak, hawthorn and red maple species will only be planted during this spring planting period. Fall planting will begin August 15 and will continue until the ground cannot be worked satisfactorily, except that evergreen planting shall be performed between August 15 and December 1. 3-04 MAINTENANCE: A.All plantings shall be maintained by the Contractor for a period of 90 days after preliminary acceptance by the Owner or his/her representative. Maintenance shall include but is not limited to: mowing and edging turf, pulling weeds, watering turf areas and plant material plus annual flower maintenance. The Contractor will reset settled plants to proper grade and position. Dead material will be removed. Stakes and guy wires will be tightened and repaired as required. 3-04 ACCEPTANCE: A.All plant material (excluding annual color), shall be warranteed for one (1) year after the end of the 90 day maintenance period. The end of the maintenance period is marked by the final acceptance of the Contractor's work by the Owner or his/her representative. 3-06 SITE CLEAN-UP: A.The Contractor shall protect the property of the Owner and the work of other contractors. The Contractor shall also be directly responsible for all damage caused by the activities and for the daily removal of all trash and debris from his/her work area to the satisfaction of the landscape architect . GENERAL PLANTING SPECIFICATIONS: PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.:DATEREVISIONSDRAWN BYTMTMMCHENRY SENIOR APARTMENTSCITY OF MCHENRY, ILLINOISLANDSCAPE SPECIFICATIONSL3 L3 WDWDWD WDW D WDWDWWW D WD WD W D WD UP ! ! ! ! ! ! ! ! ! ! ! ! "! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! "! ! "! ! ! "! ! "! ! ! !#"$# ! "! ! "! "! ! ! ! ! ! ! ! ! ! "! "! ! ! ! ! ! ! ! ! ! ! ! ! ! !%%# ! ! ! ! ! ! ! ! ! ! ! ! ! ! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! ! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! ! ! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! "! ! "! ! "! "! "! "! "! "! ! ! ! ! "! "! "! "! "! "! "! "!! ! !!! !! !LVTCPTLVTCPTCPTLVTBL1 !FLOOR PLAN KEYNOTES&1. 1x COLUMN COVER ON 2x BLOCKING -SEE ELEVATIONS2. PROVIDE BLOCKING FOR FUTURE HANDRAIL AT BOTH SIDES OF CORRIDOR AT ALL FLOORS3. PROVIDE A TWO-WAY COMMUNICATION SYSTEM AT ALL ELEVATOR LANDINGS. 4. 128 CUBIC FEET MIN STORAGE UNIT5. 72 CUBIC FEET MIN STORAGE UNIT6. WATER HEATER7. MOP SINK8. GAS METERS 9. ELECTRICAL METERS 10. WATER METERS 11. CONCRETE PATIOS 12. WOOD DECKING 13. 42" RAILING -SEE ELEVATIONS14. 2'-0" x 4'-0" IT CLOSET 15. WALK-OFF MAT. LOCATED 1'-0" OFF EACH WALL 16. FIRE EXTINGUISHER AND CABINET PER NFPA 10.17. INSTALL GYP BOARD ON INTERIOR SIDE OF WINDOW FRAME. PAINT WINDOW SIDE OF GYPSUM BOARD BLACK TO OBSTRUCT VIEW TO STORAGE SPACE.18. ROOF BELOW 19. 36" RAILING 20. AREA OF REFUGE WITH CALL BUTTON21. FIRE DEPARTMENT CONNECTION 22. CARD READER KEY FOB 23. AUTOMATIC DOOR OPENER Project #:PRELIMINARYNOT FOR CONSTRUCTIONDate:APP-2FIRST FLOOR PLAN2022.0010MCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOIS03/02/221/8" = 1'-0"APP-2FIRST FLOOR PLAN1 WDWD WDWD WDWDWDW D WDWDWDWD WDWD ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !"#$ ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !FLOOR PLAN KEYNOTES%1. 1x COLUMN COVER ON 2x BLOCKING -SEE ELEVATIONS2. PROVIDE BLOCKING FOR FUTURE HANDRAIL AT BOTH SIDES OF CORRIDOR AT ALL FLOORS3. PROVIDE A TWO-WAY COMMUNICATION SYSTEM AT ALL ELEVATOR LANDINGS. 4. 128 CUBIC FEET MIN STORAGE UNIT5. 72 CUBIC FEET MIN STORAGE UNIT6. WATER HEATER7. MOP SINK8. GAS METERS 9. ELECTRICAL METERS 10. WATER METERS 11. CONCRETE PATIOS 12. WOOD DECKING 13. 42" RAILING -SEE ELEVATIONS14. 2'-0" x 4'-0" IT CLOSET 15. WALK-OFF MAT. LOCATED 1'-0" OFF EACH WALL 16. FIRE EXTINGUISHER AND CABINET PER NFPA 10.17. INSTALL GYP BOARD ON INTERIOR SIDE OF WINDOW FRAME. PAINT WINDOW SIDE OF GYPSUM BOARD BLACK TO OBSTRUCT VIEW TO STORAGE SPACE.18. ROOF BELOW 19. 36" RAILING 20. AREA OF REFUGE WITH CALL BUTTON21. FIRE DEPARTMENT CONNECTION 22. CARD READER KEY FOB 23. AUTOMATIC DOOR OPENER Project #:PRELIMINARYNOT FOR CONSTRUCTIONDate:APP-3SECOND FLOOR PLAN2022.0010MCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOIS03/02/221/8" = 1'-0"APP-3SECOND FLOOR PLAN1 WDWDWD WDWDWD WDW DW DWDW D WDWDWDFLOOR PLAN KEYNOTES1. 1x COLUMN COVER ON 2x BLOCKING -SEE ELEVATIONS2. PROVIDE BLOCKING FOR FUTURE HANDRAIL AT BOTH SIDES OF CORRIDOR AT ALL FLOORS3. PROVIDE A TWO-WAY COMMUNICATION SYSTEM AT ALL ELEVATOR LANDINGS. 4. 128 CUBIC FEET MIN STORAGE UNIT5. 72 CUBIC FEET MIN STORAGE UNIT6. WATER HEATER7. MOP SINK8. GAS METERS 9. ELECTRICAL METERS 10. WATER METERS 11. CONCRETE PATIOS 12. WOOD DECKING 13. 42" RAILING -SEE ELEVATIONS14. 2'-0" x 4'-0" IT CLOSET 15. WALK-OFF MAT. LOCATED 1'-0" OFF EACH WALL 16. FIRE EXTINGUISHER AND CABINET PER NFPA 10.17. INSTALL GYP BOARD ON INTERIOR SIDE OF WINDOW FRAME. PAINT WINDOW SIDE OF GYPSUM BOARD BLACK TO OBSTRUCT VIEW TO STORAGE SPACE.18. ROOF BELOW 19. 36" RAILING 20. AREA OF REFUGE WITH CALL BUTTON21. FIRE DEPARTMENT CONNECTION 22. CARD READER KEY FOB 23. 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"! # !# &LVTCPTSVLVT !SVLVT! ! !! " " ! " " !! " " ! !! !" # !!! !! !# ! ! ! # ! !# ! ! ! & !& !" " !!!!# "!!!"!!! !!!#!!!!!!!!!!!! # !! &" #&!LVPCPTLVPSV! ! LVPSV!!" !! !! " ! ! # !!!!!!!!!#!!!!!!!!!! !LVTCPT!!!! LVPSV!! !! ! # ! ! ! # !" !"LVTSV !"3' - 4"! !! # ! ! # ! ! ! ! !! !# # !!"! !!!!!!! "!LVTCPT ! !LVTSV # ! ! # ! # !! ! ! !# !" ! ! ! !! ! ! # !# ! !! !# ! !# ! # # !!! !! ! # !# # " !#" ! !#!# !!!’!!!!!!! !!#!!!!!!!!! "LVTCPTCPTLVTSVCPTSVLVT ! ! ! # ! !! !!# !!# ! ! ##GENERAL UNIT NOTES1. INTERIOR FINISHES PROPOSED TO INCLUDE LVP IN KITCHENS, DINING, AND TYPE-A UNIT BEDROOMS. SHEET VINYL PROPOSED IN UNIT BATHROOMS, AND CARPET PROPOSED IN BEDROOMS.2. CEILINGS AND WALLS PROPOSED TO BE PAINTED GYP BD3. BROADBAND INFRASTRUCTURE PROPOSED TO BE PROVIDED IN UNITSProject #:PRELIMINARYNOT FOR CONSTRUCTIONDate:APP-5UNIT FLOOR PLANS2022.0010MCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOIS03/02/221/4" = 1'-0"APP-5UNITS 1A & 1C TYPE B - FLOORPLAN11/4" = 1'-0"APP-5UNIT 1B TYPE B - FLOOR PLAN21/4" = 1'-0"APP-5UNIT 1D TYPE A - FLOOR PLAN31/4" = 1'-0"APP-5UNIT 1E - TYPE A FLOOR PLAN41/4" = 1'-0"APP-5UNIT 1F TYPE B - FLOOR PLAN51/4" = 1'-0"APP-5UNIT 2B TYPE B - FLOOR PLAN6770 GROSS SQUARE FEET722 GROSS SQUARE FEET763 GROSS SQUARE FEET825 GROSS SQUARE FEET815 GROSS SQUARE FEET1,137 GROS SQUARE FEET WDWDWD ! "" # #CPTLVTCPTLVTCPTSVSVLVTLVTSV " " " #! $ " " #"" # LVPCPTLVTSVLVTCPTSVCPTLINEN ! $ " " ""4' - 1 1/8"9' - 5"3' - 11 5/8"4 3/4"8' - 0 1/8"Project #:PRELIMINARYNOT FOR CONSTRUCTIONDate:APP-6UNIT FLOOR PLANS2022.0010MCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOIS03/02/221/4" = 1'-0"APP-6UNIT 2C TYPE B - FLOOR PLAN21/4" = 1'-0"APP-6UNIT 2D - TYPE A FLOOR PLAN31/4" = 1'-0"APP-6UNIT 2E - TYPE A FLOOR PLAN41,099 GROSS SQUARE FEET1,082 GROSS SQUARE FEET1,002 GROSS SQUARE FEET 35' - 0"MIDPOINT ROOF HEIGHT00'-0"FIRST FLOOR11' 3 3/8"SECOND FLOOR21' 5 1/4"THIRD FLOOR29' 4 7/8"ROOF BEARINGEXTERIOR ELEVATIONKEYNOTES1. SHINGLE ROOF 2. RIDGE VENT 3. ROOF FASCIA -5/4x10 PREFINISHED ALUMINUM TRIM4. 6" PRE-FIN METAL GUTTER AND DOWNSPOUT WITH SPLASH BLOCKS AT GRADE5. COMPOSITE TRIM BOARD -5/4x46. COMPOSITE TRIM BOARD -5/4x67. COMPOSITE TRIM BOARD -5/4x88. HORIZONTAL COMPOSITE SIDING -5" EXPOSURE. INSTALL MOUNTING BLOCKS FOR ALL PENETRATIONS IN SIDING -PENETRATING ITEM TO BE FACTORY FINISHED.9. EXPANSION JOINT AT STONE / BRICK VENEER AT 20'-0" MAX O.C. CENTER BETWEEN OPENINGS WHERE LOCATED.10. CAST STONE HEADER11. CAST STONE SILL 12. BRICK VENEER13. WINDOW -ENERGY STAR VINYL UNIT 14. 1x COLUMN COVER ON 2x BLOCKING 15. 42" GUARDRAIL @SECOND & THIRD FLOOR BALCONIES -36" GUARDRAIL @FIRST FLOOR BALCONIES16. EXTERIOR LIGHT FIXTURE17. CONDENSER18. GAS METER 19. ELECTRICAL METER 20. 5/4x6 COMPOSITE TRIM BOARD ON 5/4x12 COMPOSITE BOARD WITH PREFINISHED ALUMINUM COPING.21. 5/4" COMPOSITE BOARD OVER WALL SHEATHING ON STUD FRAMING -ALL JOINTS SHALL BE SEALED WITH PEEL AND STICK FLASHING22. HORIZONTAL COMPOSITE SIDING -4" EXPOSURE. INSTALL MOUNTING BLOCKS FOR ALL PENETRATIONS IN SIDING -PAINT PENETRATING ITEM TO MATCH SIDING23. WOOD BALCONY WITH 5/4x6 COMPOSITE TRIM BOARD ON 1x10 COMPOSITE BOARD FASCIA 24. DOOR 25. KNOX BOX. INSTALL PER DIRECTION FROM LOCAL FIRE MARSHALL.26. ROOF LOUVER 27. ELEVATOR SHAFT -BEYOND28. ALUMINUM SOFFIT29. FIRE DEPARTMENT CONNECTION35' - 0"MIDPOINT ROOF HEIGHT00'-0"FIRST FLOOR11' 3 3/8"SECOND FLOOR21' 5 1/4"THIRD FLOOR29' 4 7/8"ROOF BEARING35' - 0"MIDPOINT ROOF HEIGHT00'-0"FIRST FLOOR11' 3 3/8"SECOND FLOOR21' 5 1/4"THIRD FLOOR29' 4 7/8"ROOF BEARING35' - 0"MIDPOINT ROOF HEIGHT00'-0"FIRST FLOOR11' 3 3/8"SECOND FLOOR21' 5 1/4"THIRD FLOOR29' 4 7/8"ROOF BEARINGProject #:PRELIMINARYNOT FOR CONSTRUCTIONDate:APP-7EXTERIOR ELEVATIONS2022.0010MCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOIS03/02/221/8" = 1'-0"NORTH ELEVATION1/8" = 1'-0"WEST ELEVATION1/8" = 1'-0"EAST ELEVATION1/8" = 1'-0"SOUTH ELEVATION T.O. SLAB100' -0"SECOND FLR111' -3 3/8"ROOF BEARING129' -4 7/8"THIRD FLR121' -5 1/4"SECOND FLR BEARING109' -1 1/8"THIRD FLR BEARING119' -3" ! ! " ! ! !# " " $ A3.219% & ’&( & T.O. SLAB100' -0"SECOND FLR111' -3 3/8"ROOF BEARING129' -4 7/8"THIRD FLR121' -5 1/4"SECOND FLR BEARING109' -1 1/8"THIRD FLR BEARING119' -3" ) ) ) ) % &% & ’&( &SIM Project #:PRELIMINARYNOT FOR CONSTRUCTIONDate:APP-8WALL SECTIONS2022.0010MCHENRY SENIOR COMMONSBEAR DEVELOPMENTMCHENRY, ILLINOIS03/02/22 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 02/24/22 11:08 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1962674 Status: New WHOLD MCHENRY COUNTY PREPAID LEGALS Start: 02/26/2022 Stop: 02/26/2022 PO BOX 250 Times Ord: 1 Times Run: *** CRYSTAL LAKE IL 60014 CLEG 1.00 X 81.00 Words: 265 Total CLEG 81.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 124.04 # Affidavits: 2 Ad Descrpt: ZONING MAP AMENDMENT Contact: LEGAL CLERK Descr Cont: 1962674 Phone: (815)459-4040 Given by: NIC JACKSON Fax#: P.O. #: Email: Created: bbehr 02/24/22 10:36 Agency: Last Changed: bbehr 02/24/22 10:56 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: n/c - village gave her wrong thing to run in nov. 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 1962637 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 02/26 WEB CL 99 S 02/26 APNW CL 97 S 02/26 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 02/24/22 11:08 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1962674 Status: New WHOLD WHOLD PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-2022-06 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:00 P.M. on Wednesday, March 16, 2022 to consider an application by Bear Development, LLC of 4011 80th Street, Kenosha, WI 53142 ("Applicant"), on behalf of Charles Miller Road, LLC of 4011 80th Street, Kenosha, WI 53142 ("Owner of Record"), for the following requests in accor- dance with the City of McHenry Zoning Ordinance: Zoning Map Amendment from C-3 Community Commercial District to RM-2 High-Density Multifamily Residential District; Zoning Variations from Chapter 12: Off Street Parking and Loading, and any other Zoning Variations necessary to accommodate the proposed multifamily senior housing development. Location: The site consists of 2.53 acres, more or less, and is located on the south- east corner of the intersection of Municipal Drive and Knox Drive in McHenry, Illinois. PIN:14-02-177-004, 14-02-177-005 The property is currently zoned: C-3 Community Commercial District A copy of the application is on file and may be exam- ined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363- 2170. An electronic copy of the application can be viewed on the City's website at www.cityofmchenry.org/ currentdevelopments. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHen- ry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald on February 26, 2022)1962674 SHAW MEDIA Printed 02/24/22 12:17 EST. 1851 PHONE: 815-459-4040 PO BOX 250 FAX: CRYSTAL LAKE IL 60039-0250 Advertising Payment Receipt_________________________________________________________________________________ Account number:10069745 Account name:MCHENRY COUNTY PREPAID LE PO BOX 250 CRYSTAL LAKE IL 60014 Phone number:815-459-4040 Payment number:1351174 Payment date:02/24/22 Amount:124.04 Payment description:CREDIT CARD PAYMENT MCHENRY COUNTY PREPAID LE Credit Card #:************3722 Approval Code:02337Z[445097641] Credit Holder Name:NICHOLAS JACKSON _________________________________________________________________________________ Ad Number:Class Code:1962674 C8100 Ad Taker:Salesperson:bbehr CL62 First Words:ZONING MAP AMENDMENT 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, Dennis G Diamantopoulos, is requesting approval of a Use Variation to allow an Ancillary Dwelling Unit on the property known as 3311 Walnut Lane. The City of McHenry doesn’t have a definition for ancillary dwelling, but it is often referred to as a ‘granny flat’ or ‘in-law sweet’. The McHenry County Unified Development Ordinance defines an Ancillary Dwelling Unit (ADU) as “a detached structure or portion of a principal structure with living and cooking facilities designed to be occupied as a residence by a household, but not constituting the principal use on the property”1. The ADU is located in the finished walkout basement with kitchen and bathroom which is currently occupied by a relative of the petitioner. The property is currently subject to an open code enforcement violation for the keeping more than (3) dogs per dwelling unit. There are four (4) dogs present on the property – two belonging to the property owner, and two belonging to the relative residing in the basement. It was at this time staff also discovered the basement had been fully finished without a permit but was performed by the prior owner of the property. The petitioner originally requested to rezone the property to multifamily which staff advised against and instead recommended he apply for a use variation to allow an Ancillary Dwelling Unit. Staff informed the petitioner that staff would make the Commission fully aware that the request was made because of the code enforcement activity related to the dogs. Approval of the request would allow all four (4) dogs to remain on the property up to a maximum of six (6) dogs. CODE ENFORCEMENT HISTORY • §6-4-13 of the Public Safety Ordinance, the keeping of four (4) or more dogs on the property. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently used as a single-family residence in the RS-2 Medium-Density Single Family Residential District. The surrounding land use and zoning primarily consist of RS-2 Medium-Density Single Family Residential District with single-family land use and RA-1 Attached Residential to the south of the subject property. The Commission should take into consideration how the proposed use will fit in with the surrounding land use. • Density. The current density of the subject property is 2.33 DU/Acre. The second dwelling would increase the density to 4.65 DU/Acre. • Parking. The City has not adopted an accessory dwelling unit ordinance and there are no parking requirements currently identified. Therefore, all parking would need to be accommodated on-site. • Traffic. Staff does not believe approval of the request would generate any adverse impacts. 1 McHenry County Unified Development Ordinance - https://codelibrary.amlegal.com/codes/mchenrycounty/latest/mchenrycounty_il/0-0-0-34433 • Keeping of Animals. Approval of the request would technically allow up to 6 animals within the limits of the parcel boundaries. There are multiple examples of townhomes and other multifamily developments existing in harmony within the city. However, property owners residing in multifamily housing inherently understand there is a possibility of each neighboring unit having multiple animals. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends Low Density Residential which is approximately 1-4 dwelling units per acre. The proposed ADU would place the subject property at approximately 4.65 DU/Acre which slightly exceeds the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the request is not consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • 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.” Staff believes the existing single-family neighborhood is well established and the allowance of an additional dwelling may be out of character with the adjacent neighbors. Staff is also concerned that approval of the request may establish a legal precedent. The Commission may wish to consider the adoption of an ADU Ordinance if it is favorable to the petitioner’s request. LEGAL IMPLICATIONS Staff believes it is important to advise the commission that approval of this request may establish a legal precedent which could have far reaching impacts outside of this property. Staff does not believe there are many unique site-specific circumstances and any decision made may apply to other single-family zoning districts in the City. An argument could be made that the city has approved similar requests; however, staff would argue those properties had been established for decades and therefore were unique. Staff is not in support of the request due to these potential city-wide implications. CLOSING REMARKS As previously noted in this report, the City does not have a definition of an ancillary dwelling unit. As such, denial of the request would have no implications except for the impact on the number of dogs allowed on the property. The City currently allows mother-in-law arrangements with fully finished kitchen, bathroom, and toilet facilities as long as common access exist between the units. In this instance, staff would best distinguish between a typical mother-in-law suite arrangement and an ADU based on additional rights and privileges granted. The petitioner could have applied for a variation to allow the keeping of a fourth dog on the property but there would be no way for the petitioner to argue a hardship that wasn’t self-created. The legal implications of approving variations for items that are not under unique circumstances would require the City to allow them in all similar circumstances. If the Commission agrees to allow an ADU on the subject property, staff strongly recommends adopting an ADU Ordinance that would apply to all RS-2 districts. STAFF SUMMARY ANALYSIS • The request was made due to an open code enforcement violation for having four (4) dogs on the property in lieu of the maximum of three (3) dogs allowed. Approval of the request would allow up to six (6) dogs on the property. • The request is not consistent with the future land use map recommendation for low density residential which recommends 1-4 DU/Acre (request: ~4.6 DU/Acre). • Staff believes approval of the request would establish a legal precedent which could have far reaching impacts outside of this property. • The Commission may wish to consider the adoption of an Accessory Dwelling Unit Ordinance if the petitioner’s request is viewed favorably that would apply to all RS-2 Medium-Density Single-Family Residential Zoned property. If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is recommended: MOTION: I motion to recommend denial of the petitioner’s request for a Use Variation to allow an Ancillary Dwelling Unit at 3311 Walnut Lane. AND by making said motion, you agree that the approval criteria for Use Variations have not been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5) 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 that denial of the request would not generate an undue hardship upon the applicant, as distinguished from a mere inconvenience. The petitioner would still be allowed to keep the finished basement unit. 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 property can yield a reasonable return if permitted to be used only under the conditions allowed by the regulations within the RS-2 Zoning District. Other single-family homes exist and operate in harmony with the City’s ordinance requirements in the RS-2 Zoning District. 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 not believe this is a unique circumstance. The basement was finished without a permit which is the responsibility of the property owner to be self-informed. Staff believes that approval of the request would establish a precedent and the city would have to allow Ancillary Dwelling Units in the RS - 2 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 believes the existing single-family neighborhood is well established. Approval of the request may establish a precedent that could have far reaching impacts outside of this property which would alter the essential character of the locality. 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 proposed Ancillary Dwelling Unit is not in conformance with the Comprehensive Plan. The Future Land Use map recommends 1-4 dwelling units per acre while this proposal would be 4.6 dwelling units per acre. Public Hearing Application Packet Page 1 of 11 PUBLIC HEARING REQUIREMENTS Planning and Zoning Commission (2022) City of McHenry www.cityofmchenry.org/planning 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: CHECK LIST 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 ? ? ? ? ? Public Hearing Application Packet Page 2 of 11 SUBMITTAL OF APPLICATION FORMS AND ATTACHMENTS - REQUIRED COPIES All forms and applications must be submitted concurrently in PDF format. Physical copies are not required. 2022 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. In the event of COVID -19 or other biological incidents, the City may elect to host the meeting online using the Zoom Web Conferencing Application. 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 the City’s personnel expenses incurred in relation to their request which may require a retained personnel deposit (escrow) for any outside consultation. Public Hearing Dates Application Deadlines Public Notice Deadline January 19, 2022 Decem ber 28, 2021 December 31, 2021 February 16, 2022 January 21, 2022 January 28, 2022 March 16, 2022 February 18, 2022 February 25, 2022 April 20, 2022 March 25, 2022 April 1, 2022 May 18, 2022 April 22, 2022 April 29, 2022 June 15, 2022 May 20, 2022 May 27, 2022 July 20, 2022 June 24, 2022 July 1, 2022 August 17, 2022 July 22, 2022 July 29, 2022 September 21, 2022 August 26, 2022 September 2, 2022 October 19, 2022 September 23, 2022 September 30, 2022 November 16, 2022 October 21, 2022 October 28, 2022 December 14, 2022 November 18, 2022 November 25, 2022 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 Public Hearing Application Packet Page 3 of 11 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. Public Hearing Application Packet Page 4 of 11 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 Public Hearing Application Packet Page 5 of 11 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 Dennis G Diamantopoulos Tel 224-532-3170 Address 3311 Walnut Lane, McHenry, IL 60051 Fax Email dendiam@gmail.com____________________________________ 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 3311 Walnut Lane, McHenry, IL 60051 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) x Use Variance FORM A Public Hearing Application Packet Page 6 of 11 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Requesting a use variation for ancillary dwelling at 3311 Walnut Lane, McHenry, IL 60051 to allow close family or family friends to rent and reside in the finished basement which consists of a kitchen, bathroom, dining/living room, and bedroom with appropriate egress window. Public Hearing Application Packet Page 7 of 11 Current Use of Property Single Family Residence 7. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) Single Family Residence 8. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: Single Family Residence South: Single Family Residence East: Single Family Residence West: Single Family Residence 9. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 950 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application X 7. FORM E – Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Public Hearing Application Packet Page 8 of 11 10. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 11. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) Dennis G Diamantopoulos - Owner Public Hearing Application Packet Page 9 of 11 AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that all public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry Filed by: (Applicant’s Name and Address) Dennis Diamantopoulos, 3311 Walnut Lane, McHenry, IL 60051 For approval of: (Requested Action) Use variance ______________________________________ (Applicant’s Signature) Dennis G Diamantopoulos_________________ (Applicant’s Name and Address) 3311 Walnut Lane, McHenry, IL 60051_______ Subscribed and sworn to before me this ___ ______ day of ___________, 2020. __________ Notary Public Public Hearing Application Packet Page 10 of 11 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The home was purchased due to the existence of an in-law apartment in the basement. The person living in the basement contributes to the mortgage and utilities. Without this contribution, I would not be able to afford the property and maintain a reasonable quality of life on my own household income. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. The home was purchased due to the existence of an in-law apartment in the basement. The person living in the basement contributes to the mortgage and utilities. Without this contribution, I would not be able to afford the property and maintain a reasonable quality of life on my own household income. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. The property has a complete apartment in the finished basement consisting of a kitchen, bathroom, living/dining room, and bedroom with appropriate egress window. The house was not modified, and was purchased in part due to the presence of this finished bas ement in order to house my family as well as my wife’s cousin who wishes to rent the basement as an apartment. The house consists of 3200 square feet of living space, and a 0.42 acre lot. Public Hearing Application Packet Page 11 of 11 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. The granting of the variance would not alter the local character. My family and I reside in the home raising an 8 year old child who attends Landmark Elementary. The adults work, and do not stay out late. We are very quiet in general and respectful to our neighbors. We have two cars in our driveway, and this will not change (until our 8 year old becomes a driver). Regarding myself, I am a full-time Technical Service Manager at Eloma USA who is the local office for a commercial oven manufacturer. I hold a Master’s Degree in Business and have always been a positive contributor to any community I have resided in. My family and I respect all local ordinances and have a good relationship with most of our neighbors. Our use will be consistent with the last 6 months of residency in McHenry. 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Since the intention is to only have close family or close family friends living in the basement along with my immediate family in the main and upper floor, no change in condition will be noticeable by other residents. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Planning & Zoning Commission FOR: March 16, 2022 FROM: Cody Sheriff, City Planner RE: Z-2022-03 – Various Text Amendments to the City of McHenry Zoning Ordinance ATT: Draft PUD Ordinance & Text Amendments to Noticing Requirements AGENDA ITEM SUMMARY: Staff is in the process of replacing the Integrated Design District (IDD) Ordinance with a traditional Planned Unit Development (PUD) Ordinance. Both types of zoning tools provide a comprehensive development plan for a parcel which usually varies substantially from the traditional zoning and subdivision control ordinances. The difference is that an IDD development rezones a property and ties it to the approved plans. This can become problematic when a developer receives approval of an IDD development but fails to close on the property. Property owners would then need to rezone the property back to its original zoning district classification. The City has approved two IDD developments which include the Authentix at McHenry Subdivision, and the Oaks at Irish Prairie. Approval of the request would not impact existing developments and they would be allowed to continue as approved. Staff is also requesting text amendments to change the mailing requirement for public hearing notices from certified mail to First Class mail in the noticing requirement based on feedback received from City Council and changes in consumer preferences. BACKGROUND: Staff originally planned to proceed with the full retirement of the IDD Ordinance including the rezoning of IDD properties. After a discussing the item again internally, staff felt that rezoning IDD properties was not required for the adoption of the PUD Ordinance. The Community Development Department is planning to budget for a comprehensive rewrite of the Zoning Ordinance that will take place sometime at the end of the adoption of a new Comprehensive Plan expected to begin next year. The new Zoning Ordinance would likely involve zoning district Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1 consolidation and rezoning of certain properties – including those zoned IDD. To avoid creating more stress on existing property owners than what is necessary, staff decided it was best to wait until the adoption of the new Zoning Ordinance to fully retired the IDD Ordinance. ANALYSIS: As previously indicated, an IDD and PUD are very similar with some small difference in application and in procedure. Procedurally, a PUD development only goes through 3 meetings at most. This is in a large part due to the fact the only process involved in Final Plan approval is making sure it matches the Preliminary Plan. A City can only deny a Final PUD Plan if it doesn’t substantially match the Preliminary PUD Plan. Many cities have opted to instead just have the item go straight to City Council for Final Plan Approval. IDD PUD 1. Preliminary Plan Recommendation by P&Z 2. Preliminary Plan Approval by City Council 3. Final Plan Recommendation by P&Z 4. Final Plan Approval by City Council. 1. Preliminary Plan Recommendation by P&Z 2. Preliminary Plan Approval by City Council 3. Final Plan Approval by City Council Many other aspects of the PUD compared to the IDD are similar in their intent for regulating planned developments. Staff have attached the draft text for the Commission to review that was modeled after South Elgin’s PUD Ordinance. Staff have linked below other examples of PUD Ordinances the Commission may wish to examine. Crystal Lake: https://ecode360.com/29067430 Woodstock: https://www.woodstockil.gov/sites/default/files/fileattachments/building_amp_zoning/page/2 88/udo_ch_5_puds_-_clean.pdf If the Planning & Zoning Commission is in favor of adopting the proposed text amendments, then the following motion is recommended: MOTION: A motion to recommend approval of the City’s request for zoning text amendments to the Zoning Ordinance as presented (or amended if there are changes). Page 1 of 8 DRAFT PUD TEXT Planned Unit Development • §11-20-1 Purpose. Planned unit developments are a distinct category of conditional use permits intended to allow flexibility in the application of the standards of this Ordinance for significant development proposals that provide amenities to the community beyond those required of conventional development applications. The planned unit development process seeks to achieve the following specific purposes: A. Encourage creativity, flexibility, sustainability, and environmental sensitivity in the development of land and the design of structures. B. Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities. C. Facilitate development that is consistent with City land use policies, particularly in areas designated for potential redevelopment. D. Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site. E. Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site. • 11-20-2 Applicability. A. Conditional Use Permit Standards. A planned unit development shall be granted in accordance with the procedures, standards, and requirements of this Section, Title 11 - Chapter 6: District Regulations, and Title 11 - Chapter 5 Conditional Uses. The Ordinance granting or amending the planned unit development as a conditional use may depart or deviate from the standards, and requirements of this Ordinance. B. Zoning District Exceptions. Planned unit developments are subject to the regulations of the zoning district in which they are located, unless exceptions from these regulations are approved by the City Council and found to be in accordance with §11-20-5 (Standards for Planned Unit Developments). C. Subdivision Plats and Building Permits. When applied for separately, approval of a planned unit development is required prior to approval of a subdivision plat in accordance with Title 12 – Chapter 3: Application Requirements, Forms and Fees. However, a planned unit development and a subdivision plat may be applied for and approved concurrently as determined by the Zoning Administrator. D. Existing Integrated Design District Developments Made Lawful. All Integrated Design District (IDD) Developments approved prior to the adoption of this ordinance shall be considered Planned Unit Developments and remain lawful. IDD Developments shall be allowed to be reestablished so long as the development remains in compliance with the approved IDD Ordinance and associated plans. E. Pending Integrated Design District Development Applications. If an application for an Integrated Design District Development has been applied for prior to the effective date of this Ordinance, then said application shall follow the most applicable planned unit development procedure outlined in §11-20-3 (Procedure) as determined by the Zoning Administrator. Page 2 of 8 • 11-20-3 Procedure. An application for a planned unit development shall follow a four-step procedure, which includes a pre-application consultation, an optional concept plan consultation, a preliminary plan, and a final plan. The applicant may submit concurrent applications for the preliminary plan and final plan, in which case the preliminary plan and the final plan shall be comprised of the same document in accordance with §11-20-3D (Final Plan). Requests for concurrent review of applications for preliminary and final plan shall be reviewed by the Zoning Administrator who may approve or deny the request based on the scope of the project. A. Pre-Application Consultation. The purpose of the pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate City staff prior to preparation of the optional concept plan or preliminary plan. 1) Action by the Zoning Administrator. a) Prior to filing a formal application for a planned unit development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned unit development. b) The Zoning Administrator and appropriate City staff shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application. c) The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the City. d) Any advice and assistance provided by the Zoning Administrator and City staff shall not be binding upon the City Council or Planning and Zoning Commission with respect to the formal planned unit development application. B. Optional Concept Plan Consultation. The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from the Planning and Zoning Commission and City Council prior to preparation of the preliminary plan. 1) Action by the Planning and Zoning Commission. a) Prior to filing a formal application for a planned unit development, the applicant may arrange a concept plan consultation with the Planning and Zoning Commission to discuss the proposed planned unit development. b) The Planning and Zoning Commission shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application. c) The Planning and Zoning Commission shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the City. d) Any views expressed by the Planning and Zoning Commission shall be deemed to be advisory and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the Planning and Zoning Commission to recommend approval or denial of any formal application. Page 3 of 8 2) Action by the City Council. a) Following a meeting with the Planning and Zoning Commission to discuss a proposed planned unit development, the applicant may also arrange a concept plan consultation with the City Council to discuss the proposed planned unit development. b) The City Council shall meet with the applicant to discuss the proposed planned unit development and the requirements for a planned unit development application. c) The City Council shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the City. d) Any views expressed by the City Council during concept plan consultation shall be deemed to be preliminary and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the City Council, or any member of it, to recommend approval or denial of any formal application. C. Preliminary Plan. The purpose of the preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Planning and Zoning Commission and preliminary approval from the City Council prior to preparation of the final plan. 1) Action by the Zoning Administrator. a) Applications for a preliminary plan for a planned unit development and a conditional use permit shall be filed concurrently with the Zoning Administrator in accordance with Title 11-Chapter 4: Filing Procedures and the requirements for a planned unit development application. Applications shall not be filed prior to completion of the pre-application consultation. b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and City policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of §11-20-5 (Standards for Planned Unit Developments), §11-15-5 (Approval Criteria for Conditional Use Permits) and schedule the application for consideration by the Planning and Zoning Commission. 2) Action by the Planning and Zoning Commission. a) The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plan for a planned unit development and a conditional use permit in accordance with §11-4-3F (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with §11-4-6 (Public Notice). b) The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of §11-20-5 (Standards for Planned Unit Developments) and §11-15-5 (Approval Criteria for Conditional Uses). Page 4 of 8 c) The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. i. In recommending approval of a preliminary plan for a planned unit development and a conditional use permit, the Planning and Zoning Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and the conditional use as deemed necessary to protect the public interest. ii. In recommending approval of a preliminary plan for a planned unit development and a conditional use permit, the Planning and Zoning Commission may recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval. d) The Planning and Zoning Commission shall forward its recommendation to the City Council within 30 days after the close of the public hearing. 3) Action by the City Council. a) The City Council shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant. b) The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of §11-20-5 (Standards for Planned Unit Developments) and §11-15-5 (Approval Criteria for Conditional Uses). c) The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a preliminary plan for a planned unit development and a conditional use permit, the City Council may: i. Identify conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and the conditional use as deemed necessary to protect the public interest, to be imposed at such time as final plan approval of the planned unit development is granted. ii. Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions. d) Following approval of a preliminary plan for a planned unit development and a conditional use permit, the applicant shall be entitled to submit a final plan for the planned unit development. D. Final Plan. The purpose of the final plan is to allow the applicant to obtain final approval of the planned unit development from the City Council. 1) Action by the Zoning Administrator. a) Applications for a final plan for a planned unit development shall be filed with the Zoning Administrator in accordance with Title 11- Chapter 4: Filing Page 5 of 8 Procedures and the requirements for a planned unit development application. Applications shall be filed within one year after approval of the preliminary plan. b) Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and City policies, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the City Council. c) If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the City Council recommending approval of the final plan and schedule the application for consideration by the City Council. d) If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this Section. 2) Action by the City Council. a) The City Council shall consider the application within 30 days after receiving the report of the Zoning Administrator recommending approval of the final plan. The 30-day period may be extended with the written consent of the applicant. b) The City Council shall take action in the form of approval, approval with conditions, or denial of the application. c) Upon approval of the final plan by the City Council, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this Ordinance. • 11-20-4 Amendment to Approved Planned Unit Development. A final plan for an approved planned unit development may be amended in accordance with the requirements of this Section. A. Major Amendments. Any change to an approved final plan that substantially affects the essential design, composition, and character of the planned unit development shall be considered a major amendment. Any amendment that is not established as a minor amendment in §11-20-4B (Minor Amendments) shall also be considered a major amendment. The City Council shall make a decision on a request for a major amendment after receiving a recommendation from the Planning and Zoning Commission in accordance with §11-20-3C (Preliminary Plan). B. Minor Amendments. Any change to an approved final plan that minimally affects the essential design, composition, and character of the planned unit development shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with §11-20-3C (Preliminary Plan). The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with §11-20-4A (Major Amendments). Minor amendments shall include the following: 1) Any change in the proportion of land uses in the development by less than ten percentage points. Page 6 of 8 2) Any change in the number of off-street parking spaces provided within the development by less than 10%. 3) Any change in the gross floor area of the development by less than 10%. 4) Any change in the building height of the development by less than 10%. 5) Any change in the proportion of the lot coverage of the development by less than ten percentage points. 6) Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet. • 11-20-5 Standards for Planned Unit Developments. The City Council, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for planned unit developments with specific written findings based on a balance of both the standards of this Section and the approval criteria for conditional uses in accordance with §11-15-5 (Approval Criteria for Conditional Uses). A. The proposed planned unit development fulfills the objectives of the Comprehensive Plan, and other land use policies of the City, through an innovative and creative approach to the development of land. B. The proposed planned unit development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site. C. The proposed planned unit development will provide landscaping and screening that enhances the City's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses. D. The proposed planned unit development will provide site design and development that is based on sustainable principles to ensure that low impact alternatives are integrated into the proposed project. E. The proposed planned unit development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation. F. The proposed planned unit development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention. • 11-20-6 Provision of Community Amenities. Planned unit developments may be granted exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the City that are not required from conventional development applications. The amenities to be considered by the City Council, Planning and Zoning Commission, and Zoning Administrator shall be appropriate for the scale of the planned unit development and may include, but are not limited to, the following: A. Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities. B. Establishment of open space amenities, such as playing fields, playgrounds, swimming pools, and fitness facilities. C. Enhancement of the community's natural environment, including existing natural features, water courses, trees, and native vegetation. Page 7 of 8 D. Preservation and enhancement of the community's cultural resources and historic places. E. Provision of public infrastructure improvements that exceed the requirements of the planned unit development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems. F. Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems. G. Provision of residential dwelling units for affordable housing or senior housing. H. Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act. • 11-20-7 Expiration of Approved Planned Unit Developments. A. Preliminary Plan Expiration. Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been filed within one year after approval of the preliminary plan by the City Council. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the City Council. B. Final Plan Expiration. Final plan approval shall expire and be revoked if a building permit has not been filed within one year after approval of the final plan by the City Council. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the City Council. CHAPTER 3 DEFINITIONS <insert> Planned Unit Development: A distinct category of conditional use permit intended to allow flexibility in the application of the standards of this Ordinance. Planned Unit Developments are intended for significant development proposals that provide amenities to the community which are not required from conventional development applications. 11-8D-2: TABLE 2; PERMITTED AND CONDITIONAL USES IN RESIDENTIAL DISTRICTS: Group B: Conditional Uses in all Residential Districts: <insert> Planned Unit Development 11-9-7: TABLE 2; PERMITTED AND CONDITIONAL USES IN COMMERCIAL DISTRICTS Group B: Conditional Uses in all Commercial Districts: <insert> Planned Unit Development 11-10H-2: TABLE 2; PERMITTED AND CONDITIONAL USES: Group B: Conditional Uses in All Office Districts: <insert> Planned Unit Development Group D: Additional conditional uses in O-2 District: <insert> Planned Unit Development Page 8 of 8 Group F: Conditional uses in I-1 Industrial District: <insert> Planned Unit Development Group H: Conditional uses in a Business Park District: <insert> Planned Unit Development 11-10G-4: CONDITIONAL USES: <insert> Planned Unit Development 11-6-7: One Principal Building Per Lot Except within Integrated Design Districts, Planned Unit Developments and the Health Care District, no more than one principal building or use shall be permitted on any lot in any zoning district. 11-4-1: Applicability H. Planned Unit Development – Preliminary Plans; I. Planned Unit Development – Final Plans; 11-4-3(C)3: Planning & Zoning Commission Action 3. Conditional uses, including Integrated Design District preliminary and final plans, and Planned Unit Development preliminary and final plans 11-4-3(I)3: City Council Action 3. In the case of a Conditional Use Permit, Integrated Design District, Planned Unit Development, or Variance, the Council may make its approval subject to any conditions or restrictions it finds necessary to assure compatibility with the vicinity of the subject property. The Council may also set time limits within which such conditions or restrictions must be complied with. Page 9 of 8 Other Text Amendments 11-4-6: Public Notice 11-4-6B(2)c The written notice shall be delivered in person or by certified mail, return receipt requested, or made via First Class mail, not more than thirty (30) nor less than fifteen (15) days prior to the scheduled date of the public hearing.