HomeMy WebLinkAboutPacket - 7/20/2022 - Planning and Zoning Commission
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PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, July 20, 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. Approval of the Agenda
4. Public Input – (five minutes total on non-agenda items only)
5. Consideration of Approval of the Meeting Minutes: June 15, 2022 Regular Meeting
6. Z-2022-09 - A Public Hearing for a Zoning Map Amendment to RM-2 High-Density Multifamily
Residential District, a Conditional Use Permit for a Preliminary Planned Unit Development, and
Preliminary Plat of Subdivision for the Residences of Fox Meadows Multifamily Development on the
northeast corner of IL-31 and Veterans Parkway. Petitioner: Cunat Inc, of 5400 W. Elm Street,
McHenry, IL 60050.
7. Z-2022-08 – Conditional Use Permit and Zoning Variations for the expansion of the existing Marina at
3112 W. Lincoln Road. Petitioner: Mark Munson, Managing Member of Munson Properties IV LLC of
31695 N. US Highway 12, Round Lake, IL 60073
8. Z-2022-15 – A Public Hearing for Various Zoning Text Amendments to the City of McHenry Zoning
Ordinance. Petitioner: City of McHenry of 333 S. Green Street McHenry, IL 60050
9. Open Discussion
10. Staff Report: Next Meeting Date: August 17, 2022
11. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
June 15, 2022
Chairwoman Rockweiler called the June 15, 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,
Rockweiler, Sobotta, and Lehman. Absent: Davis, Smale, Riley. Also in attendance were City
Planner Cody Sheriff, Community Development Director Polerecky and Deputy City Clerk
Johnson.
Approval of the Agenda:
A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to
approve the agenda as presented.
Voice Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0-
abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.
Public Input
No members of the public offered any public input.
Approval of Minutes:
Consideration of the May 18, 2022, regular meeting minutes as presented. A motion was
made by Commissioner Lehman and seconded by Commissioner Bremer for approval.
Voice Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0-
abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.
File No. Z-2022-09
Petitioner: Cunat Inc, of 5400 W Elm Street, McHenry, IL 60050
Zoning Map Amendment to RM-2 High-Density Multifamily Residential District, a Conditional
Use Permit for a Preliminary Planned Unit Development, and Preliminary Plat of Subdivision
for the Residences of Fox Meadows Multifamily Development on the northeast corner of IL-
31 and Veterans Parkway
Chairwoman Rockweiler called the hearing to order at 7:04 p.m. City Planner Cody Sheriff
reported that all legal posting requirements have been met.
John Cunat was present and sworn in. He explained that they were present at the previous
meeting and were given direction by Staff and the Commission to make some alterations to the
landscaping and layout. A landscape architect was hired, and their drawings should be in front
of the Commission. It is believed that all requests were handled with the exception of the berm
on Route 31. The berm shown would go into the easement for the Route 31 widening project.
Planning and Zoning Commission
May 18, 2022
Page 2
Cunat is hoping to work with Staff to rearrange the berms and make smaller ones in certain
locations. The State has a rule that nothing should start within 10 feet of the easement. If there
are areas that are too narrow, it is proposed by the developer that a white vinyl fence be used
similar to that on Curran Road. The developer is happy to work with Staff to do whatever they
feel is necessary. Updated drawings also show brick and siding on the garages. The contractor is
willing to break up the garages by having half of the doors facing one way and the other half
facing the opposite on the longer single runs.
Planner Sheriff reviewed his Staff report. He explained that the developer has provided a
landscape plan provided by a landscape architect. He addressed and outlined the changes
made. A multi-use path was also included in the updated design. The landscape screening along
the north property line identified the trees for preservation. The fencing was eliminated, but
the landscape buffer along Route 31 has a berm in the right-of-way. The height of the berm is
also not identified. The landscape screening on the northeast and the east was identified in the
plan, and it appears to be improved or added at the school area. Overall Staff is satisfied with
the landscape plan. The Alexander Leigh Center for Autism has requested the addition of an
aluminum style fence along their bordering property line. The fence is not required by
ordinance and the Commission must decide what style of fence, if any, is acceptable.
Landscaping was also added near the garages. Changes to the playground area were also noted
on the updated plan. A crosswalk could be added to the eastern most part of the development,
and a leftover sidewalk was shown in the landscape plan, although that is probably just an
oversight. The required recreation area has been exceeded with the updated plan.
Chairwoman Rockweiler asked Mr. Cunat which courts remained on the plan. He explained that
the tennis court was removed and there are now two basketball courts. The dog park was also
removed for an open play area and walking path. Commissioner Sobotta asked for clarification
regarding the traffic signal. Planner Sheriff explained that a letter of credit will be secured to
pay for the installation of a traffic signal once it is warranted by the State. He also asked about
the number of units and estimated total people living in the development. The 540 units is
expected to house about 700 people.
Commissioner Rockweiler stated that her main concern is the berm on Route 31. She asked if
the garage could be taken out so that more room is available to construct the berm. Mr. Cunat
explained his plan would be to put a berm on both sides of the garage with a fence in between
and behind the garage. Director Polerecky explained that without an engineer, there would be
no way to tell what the berm would look like or how high it could be. A certain amount of area
is needed to make the proper slope possible on both sides. Mr. Cunat explained that taking out
the garages is difficult because there is a big demand for those. They want the residents to have
the most comfortable lifestyle possible. Commissioner Rockweiler explained that she visited the
other properties in Woodstock and felt that they were cramped, and that she still is not in favor
of having a large number of garages.
Planning and Zoning Commission
May 18, 2022
Page 3
Commissioner Sobotta asked why this area was chosen for a development. He believes
that the land along Route 31 should be left for commercial development and that the City
should not use that prime area for housing.
Chiarwoman Rockweiler opened up the public hearing at 7:31 p.m. Jack Jablonski was
sworn in prior to giving his testimony. Mr. Jablonski gave his story of issues they have had
with the Cunat developers in Patriot Estates. He detailed the number of problems they and
their neighbors have had with their new homes that were not addressed by Cunat. He
warned the City against allowing these developers to build again in McHenry.
Brigid Sterwerf was sworn in prior to giving her testimony. She expressed the need for
fencing around the school area, and she is hopeful that this will come up in the discussions
if an agreement is reached between Cunat and the City.
Dan Shepard was sworn in prior to giving his testimony. He explained that he is a surviving
partner of this venture. He has been involved with the project from its inception. This was
originally built for commercial in the front and marketed for several years. Five years ago
he met with the City and came up with a multi-family plan.
Joe Napolitano was sworn in prior to giving his testimony. He offered negative views of
Cunat Inc from his experience with his new home.
Chairwoman Rockweiler closed the public hearing at 7:46 p.m. There was no response by
Mr. Cunat from the public testimony.
Commissioner Rockweiler asked Mr. Cunat what his plans were for a fence near the school.
Mr. Cunat explained that they had no plans. Mr. Sheriff met with the school to see what
they requested, and their board didn’t get an answer back in time to have a fence
incorporated into the updated plans. He would be happy to work with the school and the
City to get a fence installed, but does not believe the aluminum fence depicted in the
picture would accomplish what they were wanting. It was his understanding that a fence
was requested to visibly shield the residents and the attendees of the school. The
aluminum fence appears to be just for looks and does serve the function they need. Mr.
Cunat suggested a white vinyl fence should be used, but he is willing to work with the City.
Commissioner Bremer asked how the issue with the berm could be incorporated into a
motion. Director Polerecky explained that staff could work with the developer to fix this
issue and that this could be approved in the preliminary plan. The final plan and approval
would go before the Council.
Commissioner Lehman explained that he doesn’t have a problem with the berm area in the
plan because the garage is acting as a screening. He believes everything else has been
Planning and Zoning Commission
May 18, 2022
Page 4
addressed and he likes the way they swapped the playgrounds and got rid of the dog park.
Shortening the garages and adding landscaping next to the garages was helpful.
Commissioner Sobotta asked Staff why this was zoned for commercial or industrial but
now we are allowing residential. He warns that the City and Commission should be looking
out for the long-term vision of what is best for residents and the City. He is also concerned
about the impact to the schools.
Commissioner Rockweiler suggested that the Commission should not vote on the issue at
this meeting and wait until all members could be present. She also would like to see the
fence near the school be put into the plan, and the issue with the berm on Route 31 be
resolved by the next meeting.
A motion was made by Commissioner Bremer and seconded by Commissioner Sobotta to
continue the hearing to July 20, 2022. Roll Call Vote: 4-ayes: Commissioners Bremer,
Rockweiler, Sobotta, and Lehman. 0-nay; 0-abstained; 3-absent: Commissioners Davis, Smale,
and Riley. Motion Carried.
A recess was taken at 8:19 p.m., and the meeting was reconvened at 8:28 p.m.
File No. Z-2022-16
Petitioner: Dyn McHenry Commons LLC of 6801 Spring Creek Road, Rockford, IL 61114
Preliminary Plan Approval of a Conditional Use Permit to allow a Mixed Use Commercial
Planned Unit Development at 1900-2078 N Richmond Road
Chairwoman Rockweiler called the hearing to order at 8:28 p.m. City Planner Cody Sheriff
reported that all legal posting requirements have been met.
Todd Wallace was sworn in by Chairwoman Rockweiler. Mr. Wallace explained that he is the VP
of Commercial Development with the First Midwest Group. The company is privately owned and
vertically integrated. They own properties throughout northern Illinois. Their strategy is to buy,
build, and keep. Of the last 160 properties that they have developed, they have only sold four of
them. Their company purchased the property north of the vacant Kmart six years ago. Over that
time they have invested quite a bit of money in McHenry. They paved the parking lot, updated
the sign, and fixed the roof. The big problem they are dealing with is the 120,000 square foot box
that is the former Kmart. Many businesses don’t want to move to their location because of the
empty building they would be next to. They have been given a small window of time to purchase
the property and want to invest and rehab the building. They want retail and out-lots to make it
a vibrant center.
Planning and Zoning Commission
May 18, 2022
Page 5
Mr. Wallace showed a similar development that was done by their company in Loves Park. He
showed the improvements that were made, the out-lots that were built, and how the storage
facility there worked into the plan to make it all feasible. They would like to do something similar
here in McHenry. The McHenry plan was shown and explained. He noted that they would love
to do all retail but they need a backup plan of storage to be able to afford the development of
the out-lots.
They propose to straighten the curve going to Route 31 so that there would be room for an
additional out-lot on the northwest corner. The southernmost part of the former Kmart building
would be retail, and the middle portion of the building would be used for storage. He explained
that there is a major grade change issue with that building and there is no way to break up the
middle area for smaller retail stores. Although they would love to have retail in the entire
building, they need to have storage as a backup plan to make money. They would be instantly on
the hook for about $3 million for a new roof, HVAC, parking lot paving, and for maintenance.
They are willing to delay the building of storage for six months to see if they can get a retailer in
that space.
Planner Sheriff reviewed his Staff report. He stated the most important thing to note is that with
the current position of the property, there are four separate entities that own on that site. Before
constructing any out-lots, approval would have to be given from Mattress Firm and McDonalds.
They could put restrictions on what would be built or put into the out-lots. As a planned unit
development, this should also have an innovative and creative design. The Hobby Lobby area has
a nonconforming parking lot, and Staff would like that updated. The sidewalks on Route 31 also
need to be connected to the buildings. The latest submittal shows the sidewalk on McCullom
Lake Road removed, and Staff would like to see that as part of the development. Staff is also
concerned that this would be the third business at the same corner with having retail space
converted into storage. It is hopeful that economic development incentives can get retail to come
to that area.
Commissioner Sobotta asked if anybody knew the exact restrictions that have been put on by
McDonalds or Mattress Firm. Planner Sheriff brought up a map of the area to show who owned
what property. Because the parking areas are common areas, a signoff of the other owners would
be needed.
Commissioner Bremer asked why there is only a 45-day window for the purchase to go through.
Mr. Wallace explained that they have asked for an extension because the next Council meeting
is not until July. They have not yet received a response. The seller has been difficult to deal with.
Chairwoman Rockweiler asked how they planned to work around the out-lot restrictions. Mr.
Wallace stated that they have a relationship with McDonalds and they have contacts with
numerous retailers and restaurants to bring in businesses that would be acceptable. Chariwoman
Rockweiler asked if they would be opposed to building the out-lots first before any storage went
into the retail area. Mr. Wallace explained that this would not be economically possible.
Planning and Zoning Commission
May 18, 2022
Page 6
Chairwoman Rockweiler opened the public hearing portion of the meeting at 9:22 p.m. Steven
Schwartz was sworn in before giving his testimony. He explained he was the developer owner of
the former Target/Stock & Field building. They are in the process of building their storage facility
at that location. They plan to have 700 units. They have brought in Popeyes, the urgent care
center, and another out-lot business will soon follow. He feels that there is no other site in the
country with three storage facilities across from one another. He does not believe the plan
presented is possible and that it takes time and patience to get the area fully developed. He also
believes it is possible to redevelop the area with nicer looking retail without having to add
another storage facility.
Chairwoman Rockweiler closed the public comment period at 9:34 p.m.
Mr. Wallace agreed with Mr. Schwartz that all retail would be the ideal situation. He would love
to do retail, a nice glass front, and something inviting. However, they need the storage facility as
a backup option. Without a guaranteed retail business to go into the location, there is no way
they can put money into the building. They are open to developing an out-lot in a shorter amount
of time if needed but must have storage as a backup plan. Commissioner Sheriff explained that
the biggest fear from Staff is that a storage facility gets built but no out-lots get developed. That
situation happened at U-Haul. Director Polerecky stated that the economic incentive package still
has to be negotiated, and the program is not yet complete. He would hate for the City to rush
into an agreement and have the City miss another opportunity.
Chairwoman Rockweiler explained that she does not like the timing of the project. She doesn’t
feel we have enough facts yet and would hate to approve something with too many unknowns.
Although the developer is in a time crunch situation, that does not mean that the City should
rush to make a decision. Commissioner Lehman agreed with Chairwoman Rockweiler’s
assessment. He would like to lengthen the time that the developer would have to make a storage
facility. Commissioner Sobotta likes the vision of the development but wants more concrete
proof of what could happen. Within the recommended motion, it is stated that three commercial
out-lots would be constructed prior to the issuance of a Certificate of Occupancy for the
requested storage facility. Mr. Wallace stated that they would not be able to agree to have all of
the out-lots built prior to storage being built.
A motion was made by Commissioner Sobotta and seconded by Commissioner Lehman to
recommend approval of the petitioner’s request for a Conditional Use Permit to allow a mixed-
use commercial Preliminary Planned Unit Development at 1900-2078 N Richmond Road subject
to the following conditions:
1. The Subject Property shall be granted approval to operate one (1) Self-Storage Facility.
2. The Self-Storage Facility shall be restricted to the area identified in the revised concept
plan.
Planning and Zoning Commission
May 18, 2022
Page 7
3. The Property Owner shall construct the three commercial out-lots depicted in the
submitted concept plan fronting N. Richmond Road prior to the issuance of a Certificate
of Occ upancy for the requested Self-Storage Facility.
4. The Property Owner shall add stripped pedestrian crosswalks at all ingress/egress
locations along McCullom Lake Road and N. Richmond Road as well as provide
additional sidewalk connections from said ingress/egress locations on N. Richmond
Road to the site.
5. The Property Owner shall construct all pedestrian improvements identified in the
submitted concept plan including sidewalk, and stripped crosswalks along all
ingress/egress point along Richmond Road and McCullom Lake Road, prior to issuing a
Certificate of Occupancy for the requested Self-Storage Facility.
6. The Property Owner shall provide additional sidewalk connections and improved
internal pedestrian circulation to be reviewed and approved at the discretion of the
Zoning Administrator.
7. The Subject Property shall be granted approval to allow drive-thru uses subject to
administrative review by the Staff Plat Review Committee who may approve, approve
with conditions, or deny the request and refer back to the Planning & Zoning
Commission and City Council.
8. All parking relief requested by future tenants in the development area shall be reviewed
by the Zoning Administrator who may approve, approve with conditions, or deny the
request and refer back to the Planning & Zoning Commission and City Council.
9. The petitioner shall submit a revised landscape plan to incorporate additional landscape
plantings to break up areas with large expanses of wall, and additional landscaped
parking end islands to the existing parking areas to be approved at the discretion of the
Zoning Administrator.
10. All development on the Subject Property shall be in substantial conformance with the
City’s Landscaping & Screening Ordinance to the greatest extent possible as determined
by the Zoning Administrator.
AND by making said motion, I agree with staff’s assessment that the approval criteria for
Conditional Uses & Standards for Planned Unit Developments have been met as outlined in the
agenda supplement.
Roll Call Vote: 3-ayes: Commissioners Bremer, Sobotta, and Lehman. 1-nay: Chairwoman
Rockweiler; 0-abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.
Chairwoman Rockweiler stated that she voted no because the comprehensive plan calls for an
innovative and creative approach to the development of land, and too many storage units in one
area does not fit the needs of the community.
The hearing was closed at 10:00 p.m.
Planning and Zoning Commission
May 18, 2022
Page 8
File No. Z-2022-15
Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050
Various Zoning Text Amendments to the City of McHenry Zoning Ordinance
Planner Sheriff reported that there will be text amendments to update the parking ordinance,
but the City is not yet ready to move forward on that. He requests that the hearing be
continued until the next meeting.
A motion was made by Commissioner Bremer and seconded by Commissioner Sobotta to
continue the hearing for File No. Z-2002-15 until the July 20, 2022, meeting. Voice Vote: 4-ayes:
Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0-abstained; 3-absent:
Commissioners Davis, Smale, and Riley. Motion Carried.
Open Discussion:
There was no open discussion.
Staff Report: The next meeting is Wednesday, July 20, 2022. The previously explained text
amendments will be coming forward along with possible amendments to car wash uses. The
Munson Marine issue should also appear at the next meeting. Staff has met with Lennar about
the possible development of single family homes near Draper Road, but no formal application
has been received.
Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Sobotta
to adjourn the meeting at 10:05 p.m.
Voice Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0-
abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.
Department of Community 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: July 20, 2022 Planning & Zoning Commission Meeting
FROM: Cody Sheriff, City Planner
RE: Residences of Fox Meadows – Staff Report Addendum #2
ATT: Updated Berm Grading and Landscaping Plan
AGENDA ITEM SUMMARY ANALYSIS:
The petitioner, Cunat Inc., was able to provide staff an updated landscape plan on July 13,
2022. As the Commission may recall, the main concern from the plan presented at the June 15,
2022 meeting was the berm location which conflicted with the future IL-31 expansion. The
petitioner has provided the Commission with two separate 5’ tall berm grading design options
to choose from and a sample landscape plan of the berm. The primary difference between both
options is Option #1 incorporates the existing garage into the berm while Option #2 removes
the garage and has a continuous row along IL-31. Based on the Comprehensive Plan’s
recommendation for landscape buffering as opposed to rooftops, staff recommends Option #2.
Option #1 with garage incorporated. Option #2 garage removed.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
The petitioner has informed staff that the landscaping design will at minimum incorporate a
canopy-canopy tree line on the top of the berm as well as decorative stonework. The petitioner
did not have enough time to have the landscape architect revise the plan to eliminate the shrub
base. Staff is not opposed to the petitioner’s request to eliminate the shrub cover which
appears quite excessive and may pose a long-term maintenance issue. It is also common for
landscape architects to propose a large amount of landscaping and then work with the client to
bring it down to a desirable level.
Regarding the proposed fencing along the Alexander Leigh Center for Autism, the petitioner is
proposing to provide a monetary donation for the installation of a fence of their choosing.
Although not required by the Ordinance and the current proposal follows all screening
requirements, it is ultimately the decision of the Commission to decide if the fence is
appropriate or necessary for this development. Condition #3 (highlighted) in the second motion
will need to be changed depending on what is decided at the meeting.
Overall, staff believes the petitioner has substantially addressed all major concerns.
If the Planning & Zoning Commission agrees with the petitioner’s request, then three (3)
motions are recommended:
1st MOTION: A motion to recommend approval of the petitioner’s request for a zoning map
amendment from the C-5 Highway Commercial District and BP Business Park District to the RM-
2 High Density Multifamily Residential District for the subject property.
AND
By making said motion, you agree that the approval criteria for Zoning Amendments have been
met as outlined in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5)
A. Compatible With Use Or Zoning of Environs.
Staff believes the proposed rezoning of the property is compatible with the surrounding
land use. The existing zoning for C-5 Highway Commercial District and BP Business Park
District would allow more intense heavy commercial and industrial uses. Multifamily
zoning would be an improvement and have less of an impact compared to the existing
zoning.
B. Supported by Trend of Development
Staff believes rezoning the property to the RM-2 District is supported by the trend of RM-
2 zoning to the south of the property with the Morgan Hills Townhomes.
C. Consistent with Comprehensive Plan Objectives.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Staff believes the proposed zoning map amendment is consistent with the
Comprehensive Plan Objectives to locate a mixture of housing near employment
opportunities and also expanding the employment base. The site is also located adjacent
to a state highway with adequate infrastructure to service the development according to
the supplied Traffic Impact Analysis.
D. Furthers Public Interest
The City’s most recent Apartment Rental Analysis indicated a severe shortage of rental
housing opportunities. Staff believes the proposed development furthers the public
interest by adding additional housing options.
(Staff report continues next page)
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
2nd MOTION: I motion to recommend approval of the petitioner’s request for preliminary
plan approval for a conditional use permit to allow a 540-unit, multifamily, Planned Unit
Development on the subject property subject to the following conditions:
1. The petitioner shall revise the final plan to include a pedestrian crosswalk from the
park area on the eastside of the subject property to the eastern-most basketball
court.
2. The petitioner shall revise the final plan to label the proposed basketball courts.
3. The petitioner shall revise the final plans to include a <fence type> along the property
line abutting 4100 Veterans Parkway to be reviewed and approved at the discretion of
the Zoning Administrator or provide a monetary contribution to the property owners
of 4100 Veterans Parkway for the installation of a fence.
4. The petitioner shall revise the final landscape plan and site plan based on the
submitted <LANDSCAPE BERM OPTION>.
5. The petitioner shall revise the berm landscaping to include canopy-canopy evergreen
tree screening and decorative outcrop stones to be reviewed at the discretion of the
Zoning Administrator.
6. The Property Owner shall be responsible for an equitable share of maintenance
responsibility, based on lot size, for the maintenance of the existing regional
Stormwater Retention Pond on Lot 2 of Prairie Pointe Business Park Resubdivision.
7. The Property Owner shall agree to enact a backup Special Service Area (SSA) for the
maintenance of the regional Stormwater Retention Pond within 6 months of
approval. Said SSA shall encompass all property that is serviced by said regional
Stormwater Retention Pond. Failure of the property owner(s) currently serviced by
the Regional Stormwater Retention Pond on Lot 2 of Prairie Pointe Business Park
Resubdivision to agree to the enactment of said SSA, shall absolve the Property
Owner of the Residences of Fox Meadows from enacting said SSA.
8. The Property Owner shall be responsible for the replacement of any damaged or
destroyed landscaping, screening facilities, and recreational equipment within 30 days
of notification by the City of McHenry or other reasonable timeframe at the discretion
of the Zoning Administrator.
9. All development on site shall be in substantial conformance with the submitted site
plan, landscape plan, and building elevations.
10. All other federal, state, and local laws shall be met.
AND by making said motion, you agree that the standards for Planned Unit Developments
and approval criteria for Conditional Uses have been met as outlined in the staff report.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
STANDARDS FOR PLANNED UNIT DEVELOPMENTS (§11-20-5). Staff comments italicized below.
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.
The petitioner is proposing to develop the vacant property with multiple buildings on a
single lot. The inclusion of multiple recreational amenities onsite that are interconnected
with sidewalk and multiuse paths may be considered a creative approach to
development. The property owner is also constructing a recreation facility to appeal to a
variety of recreational needs.
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.
The petitioner has provided a traffic impact analysis which has been reviewed and found
acceptable by the City’s consultant engineer. The study did not find that any off-site
transportation infrastructure improvements were warranted. The petitioners have also
provided a network of sidewalk and multiuse paths that are interconnected throughout
the site, including a connection to the future planned multiuse path along IL-31. The
developer will also be installing the remaining multiuse path along Veterans Parkway
and finish the connection for adjacent neighborhoods.
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.
The petitioner has provided a landscaped berm along the entire length of IL-31. The
proposed development is incorporating a large amount of open space, recreational
space, and creative landscape features that will be provided year-round enjoyment.
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.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
The petitioner is providing LED electrical fixtures to lower the use of electricity. Trash
compactors at the site will eliminate multiple dumpster enclosures and protect against
odors.
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.
The petitioner is proposing to preserve the normal flow of surface water in compliance
with the City’s adopted Stormwater Management Ordinance. The petitioner is also
proposing to save the existing tree lines to the greatest extend possible and replace
invasive trees with native species.
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.
The petitioner is proposing to underground all required utilities. All development on site
will be in compliance with the City’s adopted Stormwater Management Ordinance.
Studies have been submitted and reviewed by the City’s consultant engineer to ensure
the petitioner is upgrading both on and off-site water/sewer infrastructure where
necessary to meet the development’s needs.
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.
Staff does not believe the proposed development would generate any adverse impacts
on the surrounding property owners. The petitioner was required to submit a Traffic
Impact Analysis which was reviewed by the City’s consultant engineer and found
acceptable. No site upgrades were identified in the analysis.
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.
Staff does not believe approval of the petitioner’s request would generate any
environmental nuisances. The development is providing a variety of new landscaping
and conserving the existing tree line to the greatest extent possible to help shield the
property from adjoining property owners.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
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.
The proposed residential development is a less intense use of the property than the
existing C-5 Highway Commercial District and BP Business Park District which allow for
heavier commercial and industrial uses. Staff believes this will have a positive impact on
the adjoining property owners.
D. Public Services and Facilities: The proposed use will not require existing community
facilities or services to a degree disproportionate to that normally expected of
permitted uses in the district, nor generate disproportionate demand for new services
or facilities, in such a way as to place undue burdens upon existing development in the
area.
The site has access to City water and sanitary sewer. The developer will be required to
construct all necessary upgrades to the City water and sanitary sewer system to service
the development. A letter of credit will also be required for the future installation of a
traffic signal at IL-31 and Veterans Parkway.
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.
Staff does not believe the proposed use will generate any adverse impacts on public
safety and health. The proposed residential use will have a positive impact on the
general public.
F. Other Factors: The proposed use is in harmony with all other elements of
compatibility pertinent to the conditional use and its particular location.
Overall, staff believes the proposed use is compatible with and complementary of the
surrounding residential single-family and multifamily uses. The multifamily will provide a
buffer between the existing commercial/industrial land use to the north and adjacent
single-family attached to the south and future detached houses directly east of the
property.
3rd MOTION: I motion to recommend approval of the petitioner’s request for a Preliminary Plat
of Subdivision titled Residences at Fox Meadows.
123300+00301+00302+00303+00304+002.202± ACRES2L2.7Outcropping Stone6-PME.061-GDI4.03-AMA.065-PAB.062-POM.062-UFR4.02-MRR.062-PME.061-GTK4.02-UFR4.01-SRE.062-AFB4.01-AMA.067-PAB.061-MRR.062-AMA.061-GTK4.01-GBA4.09-PFX.061-GTK4.01-MRR.063-POM.061-MRR.061-GBA4.01-MRR.064-POM.062-AMA.061-AFB4.0735733730737735733730730730727732727727730732730727730730732732728727Fox MeadowsMcHenry, IL 60050CarpentryDevelopmentCompanyCivil EngineerV3 CompaniesChicago, IL 60654T 630.724.9200PREPARED FORPROJECTCONSULTANTSISSUEDJuly 12, 2022REVISIONSDateIssueIssue For Permit06/10/2022DRAWN BYBCSCHECKED BYDAFSHEET TITLESCALE IN FEETSHEET NUMBER2022 Hitchcock Design GroupNORTHNo01C22 East Chicago AvenueSuite 200Naperville, IL 60540T 630.961.1787hitchcockdesigngroup.comRIssue For Review07/12/202202L2.60'90'30'15'1" = 30'PLANTING NOTES1.Seed limit line is approximate. Seed/Sod to limits of gradingand disturbance. Contractor responsible for restoration ofany unauthorized disruption outside of designatedconstruction area.2.Contractor responsible for erosion control in all seeded areas.3.Tree mulch rings in turf areas are 5 foot diameter, typical.Contractor shall provide a mulch ring around all existingtrees within the limit of work. Remove all existing grass fromarea to be mulched and provide a typical v-trench edge.4.Bedlines are to be spade cut to a minimum depth of 3 inchesunless otherwise shown on the plans. Curved bedlines are tobe smooth and not segmented.5.Do not locate plants within 10' of utility structures, or within 5'horizontally of underground utility lines unless otherwiseshown on the plans. Consult with Landscape Architect ifthese conditions exist.6.Plants and other materials are quantified and summarized forthe convenience of the Owner and jurisdictional agenciesonly. Confirm and install sufficient quantities to complete thework as drawn and specified. No additional payments will bemade for materials required to complete the work as drawnand specified.7.Refer to specifications for additional conditions, standardsand notes.PLANTING LEGENDShade Tree, typical.See detail for Installation.Ornamental Tree, typical.See detail for installation.Evergreen Tree, typical.See detail for installation.Shrub, typical.See detail for installation.Perennial, Groundcover and Annual, typical.See detail for installation.Turf Seed and Erosion Control BlanketExisting tree to remain, typical.Planting Plan BermEnlargementMatchline: See Sheet L2.7
MAIL34307+009.774± ACRES
3-QMA4.01-QBI4.03-SRE.065-PME.062-AFB4.02-MRR.063-PFX.063-POM.063-AMA.061-QMA4.04-PAB.065-MRR.063-PFX.061-UFR4.04-POM.061-SRE.065-MRR.063-VPR.063-PME.065-PAB.061-AFB4.01-SRE.061-VPR.063-POM.064-VPR.062-GDI4.02-GTK4.02-PFX.061-VPR.062L2.7Outcropping Stone2L2.7Outcropping Stone2L2.7Outcropping StoneFox MeadowsMcHenry, IL 60050CarpentryDevelopmentCompanyCivil EngineerV3 CompaniesChicago, IL 60654T 630.724.9200PREPARED FORPROJECTCONSULTANTSISSUEDJuly 12, 2022REVISIONSDateIssueIssue For Permit06/10/2022DRAWN BYBCSCHECKED BYDAFSHEET TITLESCALE IN FEETSHEET NUMBER2022 Hitchcock Design GroupNORTHNo01C22 East Chicago AvenueSuite 200Naperville, IL 60540T 630.961.1787hitchcockdesigngroup.comRIssue For Review07/12/202202L2.70'90'30'15'1" = 30'Planting Plan BermEnlargementMatchline: See Sheet L2.61Scale: 1" = 30'-0"Plan2Outcropping StonePLANTING LEGEND
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Option #1 - garage incorporated into berm.
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YILLINOIS STATE ROUTE 31PATRIOT DRIVE13
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2 34
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'
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Option #2 - garage removed and continuous berm provided.
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, Mark Munson, Managing Member of Munson Properties IV LLC (“Owner of Record”), is
requesting approval of a new Conditional Use Permit for the operation of the existing Marina and expansion of
operations to include an Open Sales Lot.
Old CUP Requested CUP
Outdoor Storage Outdoor Storage
Motor/Rec Vehicle Fuel and Oil Sales Motor/Rec Vehicle Fuel and Oil Sales
Marine Vehicle Service and Repair Marine Vehicle Service and Repair
Slip Rentals Slip Rentals
Marina Marina
Open Sales Lot (New)
The petitioner will also need to receive approval of zoning variations to accommodate the location of the
existing principal structure, and existing parking lot along the north lot line.
Staff believes the existing marina has operated in its current form since at least 1961; however, it was most
likely in operation on a smaller scale in years prior. The subject property was formerly occupied by Water
Tower Marina which was acquired by Munson Marina several years ago. The petitioner has since rebuilt the
existing principal structure in the footprint of the original building which is setback from the property line by
approximately 3.9 feet in lieu of the required 30 feet. At the time of permitting, the City allowed Legal
Nonconforming structures to be rebuilt in the same footprint. The petitioners will need to receive approval of
a variation to allow the structure to remain in its present status.
The site also received approval of a use variation to allow an existing single-family home to remain on the
property, but it has since been demolished. The old conditional use required that at least 49 feet between the
property line along the northwest corner of the property abutting the single-family residence remain open and
clear. The prior owners of the property unlawfully expanded into this area between 2019 and June 6, 2020
according to aerial photography. The current property owners have since removed the outdoor storage and
have added stormwater detention and additional parking. Staff researched and discovered the single-family
homes (1401 and 1404 N River Road) had a mapping error which showed them zoned incorrectly as C-5
Highway Commercial. Staff verified and determined both properties are zoned RS-4 High Density Single-Family
Residential. However, a permit was also issued for the construction of the parking lot within the required
setback before the error was discovered. Because a permit is issued, the parking lot is classified as legal
nonconforming per the Nonconformities Ordinance. The petitioner is requesting a variation for the existing
legal nonconforming parking lot area.
Overall, the petitioner has added a substantial amount of landscaping throughout the site including decorative
shrub groupings along the walkway fronting the river, a variety of shade trees, and a continuous row of shade
trees on the outside of the newly constructed privacy fencing. The petitioner is in the process of cleaning up
the existing tree line abutting the single-family residential subdivision to the north. The petitioner‘s intent is to
clean up the tree line and plant additional decorative shade trees in addition to expanding the existing privacy
fence. A tree survey has been performed and all healthy trees tagged for preservation.
The petitioner has invested substantially in improving the site aesthetically which also involved the asphalting
of much of the former gravel parking area. See before and after images below.
A platted private road exists on the subject property from the Hunterville Park Subdivision that was platted in
1929. This road has never been used by the subdivision to the north nor does it appear it was ever improved.
The petitioner owns all parcels on both sides of the identified private road excluding a small strip adjacent to
1404 N. River Road. According to historic aerials, the only property that utilized the road was a house that
existed on the Marina which has since been demolished. Based on advice received by the City Attorney, staff
have assisted the petitioner in attempting to locate the legal heirs of the original architect of the subdivision,
but those efforts have not been successful. The petitioner may have a strong case for adverse possession since
they own the property that solely utilized it as a private drive for decades; however, this can only be decided
by a judge.
Since the March meeting when this item was initially presented to the Commission, the property owner
acquired and desires to demolish the two existing single-family residences along Pearl Street and utilize for
outdoor storage. Staff does not believe this will have any adverse impacts on the adjacent properties.
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 C-5 Highway Commercial District and is currently approved for the
operation of a Marina and associated uses. The surrounding property primarily consists of RS-4 High Density
Single-Family Residential to the north and a mix of Unincorporated McHenry County Commercial and
Residential to the south and east. Staff believes the use of the property as a Marina has existed since at least
1961 according to historic aerial photography. Given the longevity of the operations as a Marina, staff does
not believe the added use for recreational vehicle sales would cause additional nuisances.
Figure 1 - Marina 1961 Aerial1
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use map recommends a combination of commercial and medium density residential. Given
the close proximity of the area marked as commercial in the Future Land Use Map, staff believes it is in
substantial conformance with this recommendation with only a few minor deviations.
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)
1 https://www.historicaerials.com/viewer
Staff believes the proposed development is consistent with the policy’s recommendation. The petitioner
has already invested into the site and has added additional landscaping. The petitioner plans to expand
this landscaping throughout the site.
• 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. The City does not currently have a major recreational boating retailer and
approval of the request would expand the shopping base and support a diverse economic base.
SITE PLAN REVIEW
• Parking. The petitioners have provided a total of 86 parking spaces on site. Staff have calculated that
the petitioners are only required to provide approximately 52 spaces. The proposed amount of parking
is in conformance with the Off-Street Parking Ordinance.
• Parking Lot Setback. The petitioner will need to seek approval of a setback variation to accommodate
the location of the parking lot to the north. It was until after the permit was issued for the parking lot
that staff discovered the zoning map error which depicted the residential homes to the north as C-5
Highway Commercial. If the property to the north would have been zoned commercial, the existing
parking area would be in compliance with the ordinance.
Figure 2- North Parking Lot Set Back
• Landscaping & Screening. The petitioner has provided staff a tree survey and tagged all required trees
for preservation. The petitioner is currently in the process of clearing invasive species and dead
underbrush along the north property line. The petitioner is required by ordinance to install a privacy
fence along the north property line for the existing approved uses. The Commission can expect the
new tree/fence line to be similar to the one installed along Pearl Street.
STAFF SUMMARY ANALYSIS
• Staff does not believe the variation request to accommodate the 3.9-foot setback of the existing
building will cause any adverse impacts given the longevity of the location of the building footprint.
• Although the property is partially within the Future Land Use Map area identified as Medium Density
Residential, a vast majority of the project area is within the area identified as commercial. Staff
believes the proposed development is in substantial conformance with the Future Land Use Map.
• The Marina has operated in its current capacity since 1961 but without Outdoor Sales and Display
areas. Staff believes this additional conditional use would not cause a nuisance given the longevity of
operations.
• It wasn’t until recently staff discovered the mapping error in the zoning map which displayed the
homes to the north zoned C-5 Highway instead of RS-4 High Density Single Family Residential. The
existing parking lot encroaches in the required setback when adjacent to residential.
• The petitioner is required to install landscaping and screening per the City’s Landscaping & Screening
Ordinance. Staff does not believe the expansion of the outdoor storage area or outdoor sales and
display will cause any adverse impacts.
If the Planning & Zoning Commission agrees with petitioner’s request, 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 Marina and associated uses including Outdoor Storage, Motor/Recreational Vehicle Fuel and Oil
Sales, Marine Vehicle Service and Repair, Slip Rentals, and an Open Sales Lot subject to the following
conditions:
1. The site shall be developed in substantial conformance with the Landscaping and Screening Ordinance to
the greatest extent possible as determined by the Zoning Administrator.
2. The outdoor storage of bulk materials is prohibited unless fully enclosed.
3. All development on site shall be in substantial conformance with the submitted site plan dated 1.20.22.
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 Marina has operated on site for approximately 60 years and does not appear to
have caused any adverse impacts. Staff believes the additional use for an Open Sales Lot will
generate minimal 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. Staff have included a condition of approval regarding landscaping screening along
the north property line adjacent to the RS-4 Residential District.
C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or
manmade character of its surroundings, and with permitted uses in the zoning district. The use will
not have undue deleterious effect on the environmental quality, property values, or neighborhood
character already existing in the area or normally associated with permitted uses in the district.
a. Given the longevity of the use as a marina for over 60 years, staff does not believe approval of
the request would be out of character. The petitioner has invested substantially into approving
the structural and landscaping aesthetics on the site.
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 given the longevity of the use and landscaping and screening.
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. Near the Downtown and adjacent to the riverfront, staff believes the proposed use is in
harmony with the surrounding area. Although adjacent to residential, the marina has operated
within the area for over 60 years. Staff does not believe approval would generate any adverse
impacts on the surrounding landowners.
2nd MOTION: I motion to approve the petitioner’s request for the following Zoning Variations:
1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal structure.
2. Variation to accommodate the existing parking lot that encroaches within 10 feet of the north property
line.
3. Any other zoning variations necessary to accommodate the proposed development as depicted on the site
plan dated 1.20.22.
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 due to it
being a riverfront property and the operations of the site as a marina since 1961.
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 C-5 Highway Commercial District.
C. Not Resulting From Applicant Action.
The applicant did not create the layout of the existing site. The structures located on site have existed in
the current footprint since 1961. The applicant rebuilt the principal structure in the footprint of the
original principal structure when this was allowed by Ordinance. The City adopted a new
Nonconformities Ordinance after the permit was applied for. The existing automobile parking to the
north was issued a permit due to an error in the City’s Zoning Map which showed those properties
zoned commercial which allows nonresidential parking within the required setback.
D. Unnecessary Hardship.
Staff believes if the city enforces the ordinance that it would cause undue hardship onto the applicant
given the layout of the structures have existed since 1961. The parking lot location and encroachment
in the required setback along the north property line was as a result of a mapping error in the zoning
map and not the result of the applicant.
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 as a marina.
G. Not Alter Local Character:
Staff believes approval of the petitioner’s request would not substantially alter essential character of
the locality nor have any other adverse impacts given the longevity of the use of the property as a
marina since 1961.
H. Consistent With Title And Plan:
Staff believes the proposed development is in substantial conformance with the Future Land Use Map
recommendation for commercial use.
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 5 of 20
File Number
AMENDED
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: Munson Properties IV LLC/ Mark Munson, Manager Tel 815 331 8312
Address: 31695 N Us Highway 12, Round Lake, IL 60073 Fax
Email: mark@munsonski.com
2. Name of Property Owner Tel
(If other than Applicant)
Address Fax
Email ______________________________________________________
3. Name of Engineer: Rooney Consultants, Inc. Tel 815-341-0910
(If represented)
Address 133 Rand Road, Lakemoor, IL 60051 Fax
Email: runaidh@hotmail.com
4. Name of Attorney Lisa M. Waggoner, The Waggoner Law Firm, P.C. Tel 815-477-0830
(If represented)
Address Four North Walkup Avenue, Crystal Lake, IL 60014 Fax 815-477-0834
Email lwaggoner@waggonerlawfirm.com
5. Common Address or Location of Property 3112 W. Lincoln Road, McHenry, Illinois,
Commonly known as Water Tower Marina
6. Requested Action(s) (check all that apply)
Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential)
X Conditional Use Permit Zoning Text Amendment
X Zoning Variance (Non-residential) Use Variance
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:
The Petitioner has purchased the former Water Tower Marina property and operated the marina
business since its purchase, including slip rental. In addition, the Petitioner has rehabbed other
buildings and improvements on the property, as well as generally cleaned up the entire parcel, in
order to operate the marina and marine equipment storage at the property. Petitioner operates a
marine sales business at its main facility in Lakemoor, Illinois. Petitioner is requesting a
Conditional Use Permit to allow an Open Sales Lot for the sales of boats and marine equipment
at the subject property. In addition, Petitioner would request the approval of any variances
needed for improvements that are existing, but non confirming under current City ordinances.
EXHIBIT A
(Legal Description)
Parcel 1: All that part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East
of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of Lot 8 in Block
3 in the Original Plat of McHenry, East of the Fox River, according to the Plat thereof recorded July 6,
1840 in Book B of Deeds, page 160, and running thence North along the East line of said Lot, 132.0 feet,
more or less, to the Northeast corner thereof; thence East along the South line of Lot 4 of said Block 3, 15.0
feet; thence North 1 degree, 47 minutes West, 108.0 feet; thence North 65 degrees, 23 minutes West, 180.0
feet, more or less, to the water's edge of the Fox River; thence Southwesterly along said water's edge to the
Southwest corner of Lot 1 in Block 4 of said Subdivision; thence East 2.92.35 feet, more or less, to the
corner of beginning, in McHenry County, Illinois.
Parcel 2: All that part of Lot 1 in Block 5 of the Original Plat of McHenry, E ast of the Fox River, a
Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 and recorded in Book B of
Deeds, page 160, described as follows: Beginning at the Northeast corner of said Lot 1 and running thence
South 39 degrees, 58 minutes West, 87.45 feet to the Southerly line of Lot 1; thence West along the
Southerly line of said Lot 1 to the water's edge of Fox River; thence Northerly along the water's edge of
Fox River to the Northwest corner of said Lot 1; thence East along the North line of said Lot 1, 114 feet,
more or less, to the corner of beginning, (except that part falling in Lot 1, described as follows: Beginning
at the Northeast corner of said Lot 1; thence South 39 degrees, 58 minutes West, 110.95 feet; thence North
77 degrees, 08 minutes West, 56.0 feet, more or less, to the water's edge of Fox River; thence North 12
degrees, 32 minutes, 12 seconds East, 19.0 feet to the beginning of a 351.97 foot radius non-tangent curve,
whose center bears North 20 degrees, 05 minutes, 39 seconds West; thence Northeasterly along said curve
through a central angle of 19 degrees, 36 minutes. 02 seconds, a distance of 120.41 feet to the North line of
said Lot 1; thence North 88 degrees, 55 minutes East along said North line, 23.0 feet to the corner of
beginning, in Block 5 in the Original Plat of the Village (now City) of McHenry, East side of Fox River, a
Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 in Book B of Deeds, page
160), in McHenry County, Illinois.
Parcel 3: All that part of Ann Street lying West of the East line of Lot 1 in Block 5, produced North to its
intersection with the South line of Block 4, according to the Original Plat of McHenry, East of Fox River,
a Subdivision of part of the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East
of the Third Principal Meridian, according to the Plat thereof dated July 6, 1840 in Book B of Deeds, page
160, in McHenry County, Illinois.
Parcel 4: Lots 9, 10 and 11 in Block 3 in the Original Plat of the Village (now City) of McHenry, East side
of the Fox River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range
8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of
Deeds, page 160, in McHenry County, Illinois.
Parcel 5: The East Half of that part of the Southwest Quarter of the Southwest Quarter of Section 25,
described as follows: Commencing at a post that stands on the West line of said Section 25, 16 chains North
of the Southwest corner of said Section 25; thence North 2 chains to a stake; thence East 2 chains to a stake;
thence South 2 chains to a stake; thence West 2 chains to the place of beginning, all in Township 45 North,
Range 8 East of the Third Principal Meridian, in McHenry County, Illinois.
Parcel 6: That part of the Southeast Quarter of Section 26, Township 45 North, Range 8, East of the Third
Principal Meridian, described as follows: Beginning at a point in the Southerly line of River Court of
Hunterville Park Subdivision, according to the Plat thereof recorded March 30, 1929 as Document No.
87599 in Book 7 of Plats, page 4, which is South 42 degrees, 14 minutes East, 41.93 feet from the Southeast
corner of Lot 22 of Block 5 of said Subdivision, and running thence South 42 degrees, 14 minutes East
along the Southerly line of said River Court, 200.47 feet, more or less, to an angle point in said River Court;
thence South along the West line of said River Court, 164.95 feet, more or less, to an angle point in said
River Court; thence South 87 degrees, 47 minutes West, 254.7 feet; thence North 1 degree, 47 minutes East,
100.0 feet; thence North 65 degrees, 23 minutes West, 180 feet, more or less, to the water's edge of Fox
River; thence Northerly along the water's edge of Fox River, 217.2 feet, more or less, to the point of
intersection of the water's edge of Fox River with a line drawn 52.5 feet Southerly from, measured at right
angles to and parallel with the Southerly line of said Lot 22 of Block 5 of Hunterville Park Subdivisi on,
aforesaid; thence South 62 degrees, 57 minutes East parallel with and 52.5 feet Southerly from the Southerly
line of Lot 22, aforesaid, 215.2 feet, more or less, to a point which is South 30 degrees, 17 minutes West,
37.5 feet from the place of beginning; thence North 30 degrees, 17 minutes East, 37.5 feet to the place of
beginning, in McHenry County, Illinois.
Parcel 7: Lots 5, 15, 16, 17 and 18 in Block 4 in Hunterville Park Subdivision, a Subdivision of part of the
Southwest Quarter of Section 25, and of the Southeast Quarter of Section 26, Township 45 North, Range 8
East of the Third Principal Meridian, according to the Plat thereof recorded March 30, 1929 as Document
No. 07599, in Book 7 of Plats, page 4, in McHenry County, Illinois.
Parcel 8: The West 1/2 of that part of the Southwest 1/4 of the southwest 1/4 of Section 25, described as
follows: commencing at a post that stands on the West Line of said Section 25, 16 Chains North of the
Southwest Corner of said Section 25; thence North 2 chains to a stake; thence East 2 chains to a stake;
thence South 2 chains to a stake; thence west 2 chains to the point of beginning, all in township 45 North,
Range 8, East of the Third Principal Meridian, in McHenry County, Illinois.
Parcel 9: Lot 12 in Block 3 in the Original Plat of the Village (now City) of McHenry East Side of Fox
River, a Subdivision of part of the Southeast 1/4 of Section 26, Township 45 North, Range 8, East of the
Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, Page
160, in McHenry County, Illinois.
Parcel 10: The South 132.00 feet of Vacated Charles Street lying between River Court and Lincoln Road
as described on the Plat of Vacation of Charles Street, recorded July 30, 1982 as Document No. 838998, in
McHenry County, Illinois.
Parcel Numbers:
09-25-306-006 09-25-306-007
09-25-306-008 09-25-306-009
09-25-306-014 09-25-351-004
09-25-351-005 09-26-433-013
09-26-433-015 09-26-433-016
09-26-433-017 09-26-433-023
09-26-433-027
Commonly Known As: 3112 W. Lincoln Road, McHenry, Illinois 60050
SHAW MEDIA
EST. 1851
PO BOX 250
CRYSTAL LAKE IL 60039-0250
(815)459-4040
ORDER CONFIRMATION
Salesperson: BARBARA BEHRENS Printed at 07/01/22 14:32 by bbehr-sm
-----------------------------------------------------------------------------
Acct #: 30765 Ad #: 1998046 Status: New
WAGGONER LAW FIRM, PC Start: 07/02/2022 Stop: 07/02/2022
4 N. WALKUP AVENUE Times Ord: 1 Times Run: ***
CRYSTAL LAKE IL 60014 CLEG 1.00 X 104.00 Words: 322
Total CLEG 104.00
Class: C8100 PUBLIC NOTICES
Rate: LEGAL Cost: 154.86
# Affidavits: 1
Ad Descrpt: MUNSON MARINA
Contact: LISA WAGGONER Descr Cont: 1998046
Phone: (815)477-0830 Given by: LISA WAGGONER
Fax#: P.O. #:
Email: lwaggoner@waggonerlawfirm.co Created: bbehr 07/01/22 14:24
Agency: Last Changed: bbehr 07/01/22 14:32
-----------------------------------------------------------------------------
URL: _________________________________
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Source: ______________________________ Section: _______________ Page: __
Camera Ready: N Group: LEGALS AdType: ___________
Misc: _______________________________
Color: _____________
Proof: __ _____________________ Pickup Date: __________ Ad#: _________
Delivery Instr: ______________________ Pickup Src: ____________
Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __
Coupon: __ Gang Ad #: _________
Ad Copy Method: ________________________________________
Special Instr: ______________________________
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COMMENTS:
COPIED from AD 1997953
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PUB ZONE EDT TP RUN DATES
NW CL 97 S 07/02
WEB CL 99 S 07/02
APNW CL 97 S 07/02
-----------------------------------------------------------------------------
(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 07/01/22 14:32 by bbehr-sm
-----------------------------------------------------------------------------
Acct #: 30765 Ad #: 1998046 Status: New
LEGAL NOTICE
PUBLIC HEARING NOTICE
FILE Z-2022-08
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,
July 20, 2022 to consider
an amended application by
Mark Munson, Managing
Member of Munson
Properties IV LLC of 31695
N US Highway 12, Round
Lake, IL 60073 ("Owner of
Record") for the following
requests in accordance with
the City of McHenry Zoning
Ordinance:
Request for a Conditional
Use Permit for an
Open Sales Lot, Motor/
Recreational Vehicle
Service Station for Selling
Fuel and Oil, Marine
Vehicle Service and
Repair, Slip Rental, and
Outdoor Storage to accom-
modate the operation and
expansion of the existing
Marina including any
Zoning Variations neces-
sary to accommodate the
proposed Marina and
related uses.
Location: The site consists
of 6.25 acres, more or less,
and is located directly north
of the intersection of River
Road and Lincoln Road with
a common address of 3112
W. Lincoln Road. ("Subject
Property").
PIN: 09-25-306-006, 09-
25-306-007, 09-25-306-
008, 09-25-306-009, 09-
25-306-014, 09-25-351-
005, 09-26-433-013, 09-
26-433-015, 09-26-433-
016, 09-26-433-017, 09-
26-433-023, 09-25-351-
004, and 09-26-433-027.
The property is currently
zoned: C-5 Highway
Commercial District with a
Conditional Use Permit to
allow outside storage,
motor/recreational vehicle
service station for selling
fuel and oil, marine vehicle
service and repair, marina,
and slip rental.
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
McHenry, McHenry County,
Illinois.
/s/ Stacy Rockweiler
Chairwoman, Planning and
Zoning Commission
(Published in the Northwest
Herald on July 2, 2022)
1998046
Department of Community 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: July 20, 2022, Planning & Zoning Commission Meeting
FROM: Cody Sheriff, City Planner
RE: Z-2022-15 Zoning Text Amendments – Off Street Parking and Loading, Accessory
Structures, Residential and Commercial Uses.
ATT: Draft Text Amendments
Comparison Chart of Municipalities Parking Regulations
Link to PAS Report 510/511 – Parking
AGENDA ITEM SUMMARY:
The City of McHenry is requesting approval of various text amendments to the City of McHenry
Zoning Ordinance including but not limited to: Permitted and Conditional Uses in Commercial
and Residential Districts, Off Street Parking & Loading, Accessory Uses, Yards, and Fences.
STAFF ANALYSIS:
The challenge with comparing municipal parking regulations is that many municipalities have
subcategories of uses with different parking requirements. Staff have provided the Commission
with a table outlining various parking text changes for their consideration. Staff have also
included a link to the American Planning Association’s report on parking regulations that
provides comparison of various municipal regulations. As one could imagine, parking
regulations across the United States vary substantially and can be set high or low to achieve a
desired outcome.
Staff have also included text amendment updates for Residential Care Facilities and housing for
individuals with disabilities to bring the ordinance into compliance with the Fair Housing Act.
Staff is also proposing changes to accessory structure and fence setback requirements for
through-lots (double frontage lots). The City’s Ordinance originally identified what would
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
commonly be considered a property owner’s rear yard as a front yard due to the lot fronting a
roadway on two sides. Last year, the City approved text amendments allowing fences within the
required setback of through-lots if there was no vehicular access and the fence was setback a
minimum of 5 feet from the property line. In years prior, several permits along Crystal Lake
Road as well as Dartmoor were issued in error that allowed the construction of a fence up to
the lot line. To date, the Community Development Department has not experienced any
adverse impacts resulting from this encroachment. This has been a common source of friction
amongst property owners that live on double-frontage lots which renders a significant portion
of the property as unusable. Staff is proposing to regulate through-lots effectively as a rear yard
for both accessory structures and privacy fences under the condition that no vehicular access is
provided. Although fence regulations are governed under the Building Code and not required
to be reviewed by the Commission, staff is seeking feedback on the proposed changes.
With the opening of the carwash facility on IL-31, staff have received feedback that there is a
growing concern about the total number of carwash facilities (automobile wash and detailing
facilities) occupying prime commercial retail frontage. Staff is proposing to reclassify carwash
facilities as a Conditional Use Permit. Staff would like to discuss the idea of moratoriums on
certain use types with the Commission.
Sample Motion: Motion to approve various zoning text amendments as presented and outlined
in the staff report.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Draft Text Amendments
§11-3-1 Definitions
• Residential Care Facility: A group care facility licensed for 24-hour medical or non-medical
care of persons in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living, or for the protection of the individual. A "Residential
Care Facility" includes assisted living facilities, nursing homes, hospice, continuum of care
facilities, memory care and independent living. A "Residential Care Facility" does not include
"Community Residence."
• Community Residence: A group residence consisting of a group home or specialized
residential care home serving persons with disabilities that is licensed, certified, or
accredited by the appropriate state or federal agencies. Such residence shall serve as a
single housekeeping unit for the housing of unrelated people with functional disabilities
who share responsibilities, meals, social activities, and other aspects of residential living.
"Community Residence" does not include "Residential Care Facility," and does not include a
residence that serves persons as an alternative to incarceration for a criminal offense.
Staff Note – A Community Residence is meant to emulate a family and blend in with the existing
neighborhood. It is unlawful to require a conditional use permit for housing for persons that
cannot live independently without special or medical supervision due to disability. Finding
housing for individuals with specialized needs is extremely challenging and many municipalities
still have language that is in violation of the Fair Housing Act Amendment of 1988. The
American Planning Association has an excellent Policy Guide on Community Residences if the
Commission wishes to find out more information.1
§11-8D-2
GROUP A: Permitted Uses in all Residential Districts
<insert> Community Residence
GROUP B: Conditional Uses in all Residential Districts:
<insert> Residential Care Facility
§11-8-7
1
https://www.planning.org/policy/guides/adopted/commres.htm#:~:text=For%20zoning%20purposes%2C%20com
munity%20residences,house%2C%20or%20a%20commercial%20use.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
GROUP B: Conditional Uses in all Commercial Districts:
<insert> Residential Care Facility
§11-10-H2
GROUP B: Conditional Uses in all Office Districts:
<insert> Residential Care Facility
§11-9-7 Table 2:
GROUP I: Additional Permitted Uses in C-5 District
<delete> Automobile washes and detailing facilities.
Group J: Additional Conditional Uses in C-5 District:
<insert> Automobile washes and detailing facilities.
Parking Text Amendments
§11-12-1: Applicability to Parking and Loading
L. Parking Reductions. The Zoning Administrator is authorized to approve up to a 10%
reduction in the required number of off-street parking spaces.
M. Rounding of Integers. Fractional spaces shall be rounded to the nearest integer.
Table 3 – Required Parking Spaces for Residential and Lodging Uses
McHenry
Residential – Minimum Required Spaces Per Dwelling Unit
Single-Family Attached/Detached Dwelling 2
Multi-Family Dwelling 1.5
Dwelling Above Non-Residential First Floor 1
Community Residence 0.5 per bed
Notes: Fractional spaces shall be rounded to the nearest integer.
Note: Staff eliminated visitor parking requirements for multifamily housing.
Red coloring indicates new or amended text.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Lodging – Minimum Required Spaces Per Dwelling Unit
Apartment Hotel1 1
Bed and Breakfast
1 Per Unit + 2 for
Establishment Owner
Boarding House1 1
Hotel1 1
Motel1 1
Residential Care Facility
Assisted Living Facility 0.5 per dwelling unit
Independent Living Facility 1 per dwelling unit
Nursing Home or Hospice 0.5 per bed
Memory Care Facility 0.5 per bed
Notes: (1) Plus 1 parking space per employee on largest shift, and plus 1 space for
each business vehicle employed by an establishment
Staff Note Table 4 – Staff eliminated 8 of the 10 footnotes in the table to reduce confusion and
make it easier to interpret. Many of them were redundant or were accommodated into the table
itself.
Table 4 – Required Parking Spaces for Nonresidential and Nonlodging Uses
Minimum Number Of Spaces Required1
Per Employee
at Largest
Shift
Per 1,000
Square Feet Net
Floor Area
Per Person Design
Capacity
Adult-Use Business
Adult-use cannabis craft grower,
adult-use cannabis infuser
organization or infuser, adult-use
cannabis processing organization
or processor, adult-use cannabis
transporting organization or
transporter
1 1.5 -
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Adult-Use Cannabis Dispensing
Organization - 4.5 (3) -
Assembly Uses - - 25%
Auto laundry, Carwash Facility 1 -
plus, stacking spaces
equal to 5 times the
capacity of the car
wash. The capacity
shall be calculated as
the number of
vehicles that can be
accommodated at
any phase of the
washing or waxing
process.
Service station 1 - Plus, 2 per service
bay
Vehicle sales -
2.5 (1 per 1,000
SF of showroom,
plus 2 per
service bay, plus
accessory uses)
-
Bank or financial institution 0.67 5 (3)
Plus, 5 stacking
spaces per drive-in
window
Contractor or construction office 1 - plus, business vehicle
parking
Department store - 5 (3) -
Furniture and appliance sales or
repair store - 1.5 -
Industrial:
Cartage and express firms 1 - -
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Manufacturing, research, testing 1 1.5 See note 2
Radio or TV station or studio 1 - -
Warehousing and wholesaling 1 0.5 See note 2
Institutional uses - - 0.25
Miscellaneous:
Animal hospital - 2.5 -
Child daycare center - 2 -
Public utility and service 1 - -
Mortuary (funeral home) 1 10
Office building - 3.5 2.5 -
Other retail and personal service - 4.5 3
plus 5 stacking
spaces per drive-in
window
Body Art Establishment 3
Recreational:
Bowling alley:
Per lane - - 7 (5) per lane plus all
other accessory uses
Restaurant/bar - 3 -
Indoor theater - - 0.33
Skating rink - - 0.25
Swimming pool - - 0.25
Restaurant:
Carry out only - 10 4 per 1,000
SF or 1 per every -
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
4 seats,
whichever is
greater
Drive in and eat in -
15(10) 4 per
1,000 SF or 1 per
every 4 seats,
whichever is
greater
Plus, 5 stacking
spaces per drive-in
window
Eat in, no drive in -
25 4 per 1,000
SF or 1 per every
4 seats,
whichever is
greater
-
Shopping center:
Under 400,000 square feet - 4 -
400,000 - 600,000 square feet - 4.5 -
Over 600,000 square feet - 5 -
Supermarket or food store - 5 -
Self-Storage, Mini-Warehouse 3 plus, 1 per 50
storage units
Tavern - 10 -
Note:
(1) 1 space for each business vehicle employed by an establishment on the premises shall be
provided in addition to the number of spaces specified.
(2) Use of employment standard or floor space standard, whichever is greater. If
employment is not known when plans are drawn, floor space standard may be used. If upon
occupancy the employment standard yields a greater number of required spaces, the City
Council may require the provision of additional parking before granting a Certificate of
Occupancy.
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Chapter 14: Accessory Uses, Yards, and Fences
§11-14-2: Yards:
F. Conformity To Existing Required Front Yards
6. For such a lot that is a through-lot (double frontage lot), the lot line abutting a
street but does not have direct vehicular access shall be considered a rear yard
for the purposes of this section.
Chapter 13: Fences
10-13-4: RESIDENTIALLY ZONED LOT STANDARDS:
B. Through-Lots (Double Frontage Lots):
1. Any fencing less than or equal to fifty percent (50%) opacity may be installed in a
required front yard of a through lot; provided:
a. Said yard shall not provide a means of vehicular access to the site; and
b. Maximum height of fencing shall not exceed seventy-two inches (72').
2. Any fencing greater than fifty percent (50%) opacity may be installed in a required front
yard of a through lot; provided:
a. 1. Said yard shall not provide a means of vehicular access to the site; and
b. 2. Maximum height of fencing shall not exceed seventy-two inches (72').; and
c. Is located a minimum of five feet (5') from the street lot line.
City of McHenry South Elgin Woodstock Crystal Lake APA PAS Report 510‐511 Staff RecommendationResidentialSingle‐FamilyEfficiency1.5 3 2 2 1‐3DU depending on size of home 11 Bedroom23 221‐3DU depending on size of home 22 Bedroom2.33 3 2 2 1‐3DU depending on size of home 23 Bedroom2.33 3 2 2 1‐3DU depending on size of home 24+2.33 3 2 2 1‐3DU depending on size of home 2Attached Single‐FamilySame as S‐F2 22Dwelling Above CommercialSame as S‐F11MultifamilyEfficiency1.5 1.5 1.1 1 1‐1.5 1.51 Bedroom2 1.5 1.1 1.5 1.5‐2 1.52 Bedroom2.33 1.5 1.75 2 1.5‐2 1.53 Bedroom2.33 1.5 2 2 1.75‐2.55 1.54+2.33 1.5 2 2 2‐3.5 1.5Visitor Parking0.25 0 0.25 0
Per Employee at
Largest Shift
Per 1,000 Square
Feet Floor Area
Per Person Design
Capacity SOUTH ELGIN Woodstock Crystal Lake
Adult‐Use Business 1 per 300 SF GFA N/A N/A
Adult‐use cannabis craft grower, adult‐use
cannabis infuser organization or infuser, adult‐use
cannabis processing organization or processor,
adult‐use cannabis transporting organization or
transporter
1 1.5 ‐
1 per 500 sf of office
+ 1 per 1,000 of
GFA, then 1 per
2,000 sf of GFA in
excess of 20,000
2 per 1k active manufacturing, or
per employee which ever is greater;
plus 4 per 1k office area, +1 per 1k
warehouse area; pluse 1 per 500 SF
GFA speculative area
N/A
Adult‐Use Cannabis Dispensing Organization ‐4.5 ‐1 per 300 SF GFA
(3.33 per 1k)3 per 1k SF GFA 5 per 1k SF GFA
Assembly Uses ‐‐25% 10% 1 per 3 seats varies based on assembly
type use
Auto laundry 1 ‐
plus stacking spaces equal
to 5 times the capacity of
the car wash. The capacity
shall be calculated as the
number of vehicles that
can be accommodated at
any phase of the washing
or waxing process.
2 per service bay 2 per work bay 1 per employee on largest
shift
Service station 1 ‐2 per service bay
1 per 500 SF GFA of
any accessory
conveience retail or
food service
1 stack space per fuel station, 4 per
1000 sf of GFA of Convenience
Store
1 per 4 pumps plus 1 per 350
SF GFA of retail area; 3 per
service bay
Vehicle sales ‐2.5 ‐
1 per 1,000 sf of
showroom, +2 per
service bay, +other
retail uses
5 per 1k of showroom area; +4 per
work bay
1 per 5k outdoor
display/storage area, +2 per
service bay, and +1 per
employee
Bank or financial institution 0.67 5
plus 5 stacking spaces per
drive‐in window 1 per 300 SF GFA 3 per 1k plus 4 stack spaces per
drive‐thru lane
1 per 250 SF or 1 per 350 SF
if with drive‐thru
Contractor or construction office 1 ‐plus business vehicle
parking 1 per 400 SF 3 per 1k 1 per 250 SF
Department store ‐5 ‐1 per 300 SF GFA 3 per 1k ~3.3 per 1k SF
Furniture and appliance sales or repair store ‐1.5 ‐1 per 300 SF 3 per 1k 2 per 1k SF
Industrial:
1 per 2 employees based on
the maximum number of
employees on 1 shift which
the plant is designed to
employ + 1 space per vehicle
used in the conduct of the
business
Cartage and express firms 1 ‐‐1.5 per 1k SF (0.5 Landbank) see above
Manufacturing, research, testing 1 1.5 See note 21 per 500 sf of GFA
2 per 1k of active manufacturing or
per employee which ever is greater;
plus 4 per 1k office area; and plus 1
per 1k of warehouse area; and +1
per 500 sf of speculative area
see above
Radio or TV station or studio 1 ‐‐See Office? See Office?
Warehousing and wholesaling 1 0.5 See note 2
Ware= 1 per 500 SF
of Office GFA + 1 per
20k sf of warehouse
or storage space
GFA; Whole= 1 per
500 SF GFA
3 per 1k; plus 1 per 1k warehouse
area (0.5 land banked)
1 per 1,000 SF NFA (up to
10,000 SF) + 1 per 2,000 SF
NFA above 10,000 SF + as
required for office use + 1
per vehicle used in the
conduct of the business
Institutional uses ‐‐0.25 N/A N/A N/A
Miscellaneous:
Animal hospital ‐2.5 ‐1.5 per exam room 4 per 1k 1 per 150SF
Child daycare center ‐2 ‐1 per 500 SF GFA 1 per 6 children based on license;
drop of spaces may be included
1 per employee + 1 per 6
children of licensed capacity
Public utility and service 1 ‐‐N/A N/A 1 per employee on largest
shift
Minimum Number Of Spaces Required (McHenry)
Mortuary (funderal home) 1 10 (delete redundant)
15 per chapel or
parlor + 1 per
business vehicle
1 per 3 seats; +1 per vehicle owned
8 per reposing room, 1 per 4
seats in chapel and 1 per
vehicle
Office building ‐3.5 ‐1 per 400 SF of GFA
(2.5 per 1k)3 per 1k 1 per 250 SF of GFA; 1 per
150SF for medical;
Other retail and personal service ‐4.5 plus 5 stacking spaces per
drive‐in window
1 per 300 SF GFA
(3.33 per 1k)3 per 1k Based on City
Engineer/Parking Study
Body Art Establishment N/A 1 per 300 SF GFA 3 per 1k 4.5 per 1k
Recreational:
Bowling alley:
Per lane ‐‐7 2 per lane + other
use(s) parking
5 plus all other use parking
requirements
Restaurant/bar ‐3 ‐1 per 100 SF GFA 1 per 3 seats
Indoor theater ‐‐0.33 10% 1 per 3 seats
Skating rink ‐‐0.25 10%
5 per 1000 SF or 1 per 3 seats
whichever is greater
Swimming pool ‐‐0.25 10% Zoning Director
Restaurant:1 per 3 seats
Carry out only ‐10 ‐1 per 100 SF
Drive in and eat in ‐15(10) plus 5 stacking spaces per
drive‐in window 1 per 100 SF
Eat in, no drive in ‐25 ‐1 per 3 seats
Shopping center:
Under 400,000 square feet ‐4 ‐
400,000 ‐ 600,000 square feet ‐4.5 ‐
Over 600,000 square feet ‐5 ‐
Supermarket or food store ‐5 ‐
Self‐Storage, Mini Warehouse 0.5
1 per 25 storage
units 3 + 1 per 50 storage units
1 per 4,000 SF NFA up to
20,000 SF + 1 per 10,000 SF
NFA above 20,000 SF + 1 per
vehicle used in the conduct
of the business
Tavern ‐10 ‐1 per 100 SF GFA 1 per 3 seats 1 per 3 seats or 1 per 100 SF
which ever is greater
1 per 200 SF of GFA 3 per 1k SF GFA
1 per 250 SF or 1 per 4 seats
which ever is greater1 per 100 SF GFA
3 per alley, and space for
accessory uses
depends on use(s)