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HomeMy WebLinkAboutPacket - 10/19/2022 - 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, October 19, 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: September 21, 2022 6. Z-2022-20 – Use Variation to allow Light Furniture Manufacturing, Outdoor Recreational Vehicle Rental Storage, and Zoning Variations to accommodate the existing Principal Structure at 2902 W. IL- 120. Petitioner: Kurt R Eldrup of 27992 W IL-120, Unit 100, Lakemoor, IL 7. Z-2022-21 – Zoning Text Amendments to §11-6-18 Cannabis Business – District Regulations Petitioner: City of McHenry 8. Open Discussion 9. Staff Report: Next Meeting Date: Wednesday, November 16, 2022 10. Adjourn City of McHenry Planning and Zoning Commission Minutes September 21, 2022 Chairwoman Rockweiler called the September 21, 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, Davis, Riley and Lehman. Absent: Smale. Also in attendance were City Planner Cody Sheriff and Deputy City Clerk Johnson. Approval of the Agenda: A motion was made by Commissioner Davis and seconded by Commissioner Bremer to approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. Public Input No members of the public offered any public input. Approval of Minutes: Approval of the July 20, 2022, regular meeting minutes as presented. A m otion was made by Commissioner Lehman and seconded by Commissioner Bremer for approval. Voice Vote: 6- ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0- abstained; 1-absent: Commissioner Smale. Motion Carried. File No. Z-2022-18 . Petitioner: Home of the Sparrow, Inc. of 4209 W. Shamrock Lane, Unit B, McHenry, IL 60050. Zoning Map Amendment from I-1 Industrial District to C-5 Highway Commercial District for the property located at 1819 Dot Street Chairwoman Rockweiler explained that this petition was withdrawn at the request of the applicant. File No. Z-2022-17.1 Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL 60050 Zoning Map Amendment to C-2 Neighborhood Commercial District, Conditional Use Permit to accommodate the existing Child Daycare Center, Zoning Variations to accommodate all existing principal and accessory structures, any other Zoning Relief necessary to accommodate the existing Daycare Center Operations at 4717 W. Crystal Lake Road, McHenry IL. Planning and Zoning Commission September 21, 2022 Page 2 Planner Sheriff stated that the petitioner has complied with the public notice requirements. He also explained that the City recently had many forceable annexations done, and the Council wants to accommodate the existing uses when possible. When properties are annexed they come in with a zoning classification based on the most restrictive residential classification based on the lot size. This particular property has been commercial for over twenty years. There is other C-2 zoning at Royal and Crystal Lake Road. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:05 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:05 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Bremer and seconded by Commissioner Riley to approve the petitioner’s request for a Zoning Map Amendment to C-2 Neighborhood Commercial District, Conditional Use Permit to accommodate the existing Child Daycare Center, Zoning Variations to accommodate all existing lawfully constructed principal and accessory structures excluding any gravel driveway areas, and any other Zoning Relief necessary to accommodate the existing Daycare Center Operations at 4717 W. Crystal Lake Road, McHenry IL. And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional Uses, and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.1 was closed a 7:07 p.m. File No. Z-2022-17.2 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit to operate an Agritourism Business with Outdoor Storage related to the operation of an Agritourism Business, Zoning Variations to accommodate all existing principal and accessory structures, and minimum lot width for the property located at 4813, and 4815 W. Crystal Lake Road. Planner Sheriff stated that the petitioner has complied with the public notice requirements. The property currently is being used for agricultural purposes, and Staff and Council want to accommodate the uses. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:08 p.m. Michael Heidemann was sworn in by Chairwoman Rockweiler. He stated that he is the property owner and went through a rude shock when initially receiving the letter regarding forced annexation. He did note, however, that Planner Sheriff and his alderman have handled things perfectly. This was a difficult task and he appreciates the help received from the City. Chairwoman Rockweiler Planning and Zoning Commission September 21, 2022 Page 3 closed the public hearing portion of the meeting at 7:09 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Davis and seconded by Commissioner Lehman to approve the petitioner’s request for a Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit to operate an Agritourism Business with Outdoor Storage to be in substantial conformance with §11-6-20 Outdoor Storage District Regulations, Zoning Variations to accommodate all existing principal and accessory structures excluding any gravel driveways, and minimum lot width for the property located at 4813, and 4815 W. Crystal Lake Road. And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional Uses, and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.2 was closed a 7:11 p.m. File No. Z-2022-17.3 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Zoning Map Amendment to C-2 Neighborhood Commercial District, Zoning Variations to accommodate all existing principal and accessory structures, any other zoning relief necessary to accommodate the existing commercial operations at 4817 W. Crystal Lake Road Planner Sheriff stated that the petitioner has complied with the public notice requirements. The property currently is being operated as a candy store and has been for a while now. Staff and Council want to accommodate the uses. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:12 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:12 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Bremer and seconded by Commissioner Davis to approve the petitioner’s request for a Zoning Map Amendment to the C-2 Neighborhood Commercial District, Zoning Variations to accommodate all existing principal and accessory structures excluding any gravel driveways, any other zoning relief necessary to accommodate the existing commercial operations at 4817 W. Crystal Lake Road. And by making said motion, I agree that the Approval Criteria for Zoning Map Amendments, and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1- absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.3 was closed a 7:14 p.m. Planning and Zoning Commission September 21, 2022 Page 4 File No. Z-2022-17.4 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit for Agritourism, and Outdoor Storage in Conjunction with an Agricultural Use, Zoning Variations to minimum lot width, and any other zoning variations necessary to accommodate the existing principal and accessory structures at 4819 W. Crystal Lake Road. Planner Sheriff stated that the petitioner has complied with the public notice requirements. Existing operations include bee keeping and other agricultural uses. Staff and Council want to accommodate the uses. With the longevity of the use on the property, Staff does not believe that this amendment will adversely impact the surrounding property owners. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:15 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:16 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Lehman and seconded by Commissioner Riley to recommend approval of the petitioner’s request for a Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit for Agritourism and Outdoor Storage in Conjunction with an Agricultural Use to be in substantial conformance with §11-6-20 Outdoor Storage District Regulations, Zoning Variations to minimum lot width, and any other zoning variations necessary to accommodate the existing principal and accessory structures excluding any gravel drive driveways at 4819 W. Crystal Lake Road. And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional Use Permits, and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0- abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.4 was closed a 7:17 p.m. File No. Z-2022-17.5 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Conditional Use Permit for a Conditional Public Use to accommodate the existing operations of the Commonwealth Edison Company, Zoning Variations to allow administrative site plan review by Staff Plat Review Committee for future expansions and site plan modifications within the existing developed area, Zoning Variations to accommodate all existing principal and accessory structures, any other zoning relief necessary to accommodate the existing public utility operations for the 4.76-acre property, more or less, located on the south corner of the intersection of Lillian Street and Hay Street Planning and Zoning Commission September 21, 2022 Page 5 Planner Sheriff stated that the petitioner has complied with the public notice requirements. Existing utility operations have existed for a very long time, and staff does not believe that this amendment will adversely impact the surrounding property owners. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:19 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:19 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Bremer and seconded by Commissioner Davis to recommend approval of the petitioner’s request for a Conditional Use Permit for a Conditional Public Use to accommodate the existing operations of the Commonwealth Edison Company, Zoning Variations to allow administrative site plan review by Staff Plat Review Committee for future structural expansions and site plan modifications within the existing developed area, Zoning Variations to accommodate all existing principal and accessory structures, any other zoning relief necessary to accommodate the existing public utility operations for the 4.76-acre property, more or less, located on the south corner of the intersection of Lillian Street and Hay Street. And by making said motion I agree that the approval criteria for Conditional Use Permits and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.5 was closed a 7:20 p.m. File No. Z-2022-17.6 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Zoning Map Amendment to C-5 Highway Commercial District, Conditional Use Permit for a Conditional Public Use to accommodate the existing public gas utility operations, Zoning Variations to allow administrative site plan review by Staff Plat Review Committee for future expansions and site plan modifications within the existing developed area, zoning variations to accommodate all existing principal and accessory structures, any other zoning relief necessary to accommodate the existing public utility operations for the 0.32-acre property located directly west of the intersection of S. Front Street (IL-31) and Mercy Drive Planner Sheriff stated that the petitioner has complied with the public notice requirements. An existing gas utility operation exists and is unable to expand, and is on accommodating zoning on State highway. Staff does not believe that this amendment will adversely impact the surrounding property owners. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:22 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:23 p.m. There was no discussion on the matter by the Planning Commission. Planning and Zoning Commission September 21, 2022 Page 6 A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to approve the petitioner’s request for a Zoning Map Amendment to C-5 Highway Commercial District, Conditional Use Permit for a Conditional Public Use to accommodate the existing public gas utility operations, Zoning Variations to allow administrative site plan review by Staff Plat Review Committee for future expansions and site plan modifications within the existing developed area, zoning variations to accommodate all existing principal and accessory structures, any other zoning relief necessary to accommodate the existing public utility operations for the 0.32-acre property located directly west of the intersection of S. Front Street (IL-31) and Mercy Drive. And by making said motion I agree that the approval criteria for Zoning Map Amendments, Conditional Use Permits, and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.6 was closed a 7:24 p.m. File No. Z-2022-17.7 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Use Variance to allow the continued use of the existing Off-Site Advertising Billboard Sign (Property PIN: 14-03-100-028), and a Zoning Map Amendment to A-1 Agriculture District for various property located directly north of the intersection of Cunat Drive and Bull Valley Road, and directly southeast of the intersection of Bull Valley Road the Union Pacific Railway Line (PIN: 14-04-200-030, 14-03-100-015, 14-03-100-016, 14-03-100-028, 14-03-300-006). Planner Sheriff stated that the petitioner has complied with the public notice requirements. Agricultural uses currently exist and the land should still be kept for farming. A billboard sign exists on one parcel and moving forward this can be replaced if damaged or destroyed. Staff does not believe that this amendment will adversely impact the surrounding property owners. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:25 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:25 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Lehman and seconded by Commissioner Riley to recommend approval of the petitioner’s request for a Use Variance to allow the continued use of the existing Off-Site Advertising Billboard Sign for the property identified as PIN: 14- 03-100-028, and a Zoning Map Amendment to the A-1 Agriculture District for the properties identified as PIN: 14-04-200-030, 14-03-100-015, 14-03-100-015, 14-03-100-016, 14-03-100- 028, and 14-03-300-006. And by making said motion I agree that the approval criteria for Zoning Map Amendments and Use Variances have been met as outlined in the staff report. Planning and Zoning Commission September 21, 2022 Page 7 Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.7 was closed a 7:28 p.m. File No. Z-2022-17.8 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Zoning Map Amendment to I-1 Industrial District, Zoning Variations to accommodate the existing principal and accessory structures, and any other zoning relief necessary to accommodate the existing industrial operations for the property located at 5015 Bull Valley Road. Planner Sheriff stated that the petitioner has complied with the public notice requirements. The property was zoned industrial with the county and should remain zoned industrial with the City. A commercial warehouse currently exists. Staff does not believe that this amendment will adversely impact the surrounding property owners. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:29 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:29 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Bremer and seconded by Commissioner Davis to recommend approval of the petitioner’s request for a Zoning Map Amendment to I-1 Industrial District, Zoning Variations to accommodate the existing principal and accessory structures, and any other zoning relief necessary to accommodate the existing industrial operations for the property located at 5015 Bull Valley Road. And by making said motion I agree that the approval criteria for Zoning Map Amendments and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.8 was closed a 7:30 p.m. File No. Z-2022-17.9 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations to accommodate the existing principal and accessory structures, and any other zoning relief necessary to accommodate the existing law office operations at 908 S. IL-31. Use Variation to allow a single family residence in the C-5 Highway Commercial District for 912 S. IL-31. Planning and Zoning Commission September 21, 2022 Page 8 Planner Sheriff stated that the petitioner has complied with the public notice requirements. The property currently houses law officer and is zoned Estate. A single family home also exists to the south. Staff does not believe that this amendment will adversely impact the surrounding property owners. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:32 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 7:32 p.m. There was no discussion on the matter by the Planning Commission. A motion was made by Commissioner Bremer and seconded by Commissioner Riley to recommend approval of the petitioner’s request for a Zoning Map Amendment to C-5 Highway Commercial District for the property located at 908 and 912 S IL-31, Zoning Variations to accommodate the existing principal and accessory structures, any other zoning relief necessary to accommodate the existing law office operations at 908 S. IL-31, and a Use Variation to allow a single-family residence in the C-5 Highway Commercial District for 912 S. IL-31. And by making said motion I agree that the approval criteria for Zoning Map Amendments, Use Variations, and Zoning Variations have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-17.9 was closed a 7:34 p.m. Open Discussion: There was no open discussion from members of the Planning Commission. Staff Report: Planner Sheriff explained that they have been working on a draft for the scope of the comprehensive plan update. With the amount of investment that has been going into Green Street and Riverside Drive, it may be a good idea to start a sub-area update. This is also a good time to update the future land use map. He has been excited to talk to a couple of firms regarding the comprehensive plan update. Hopefully multiple applicants can be obtained for the job. Many of the projects on the State highways have been held up by IDOT. The Trio gas station was approved with a preliminary plan but new staff at IDOT have caused their plans to be rejected. The apartment complex at Route 31 and Veterans passed at the Council level, and final plans are being worked on. The Althoff property at the former Hanly Mill was rejected for funding, but the firm has resubmitted plans and are hoping it can move forward in the future. The City will soon be moving forward with the next batch of forced annexations. Riverside Drive has some pockets on the riverfront, and there are a couple of properties surrounded on River Road. There should be no rezoning issues with those properties as they are all residential. A developer is looking at some property near the old Bull Valley Road and Charles Miller Road for possible duplexes or another home development. Planning and Zoning Commission September 21, 2022 Page 9 Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to adjourn the meeting at 7:46 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. 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, Kurt Eldrup (Aviation Flying Furniture), is requesting approval of a Use Variation to allow Light Furniture Manufacturing with Outdoor Rental Storage of Recreational Vehicles, and zoning variations to accommodate the existing principal structure at 2902 W IL-120. The subject property was formerly occupied by 4-Wheel Drive, an automobile repair shop, but has remained vacant for several years. The petitioner’s business involves the manufacturing of custom, handcrafted, home and professional office furniture out of aircraft parts. Although the petitioner’s unique business does have a retail component which is somewhat consistent with the permitted uses in the C-5 District, the principal use of the property would primarily involve furniture manufacturing which is only allowed in the I-1 Industrial District. Staff felt it was appropriate to maintain the C-5 Highway Commercial Zoning and advised the petitioner to apply for a Use Variation. Staff also advised the petitioner to seek zoning variations to accommodate the existing principal structure which sits directly on the west property line, and 2.5’ off the interior property line (10’ required). Figure 1- Site Aerial Figure 2 - Plat of Survey Image Clip The petitioner is proposing to construct a 6-foot tall, wood, privacy fence on the rear of the property to screen the outdoor storage from view. The petitioner is also proposing significant investment into the façade and parking surface which are in relatively poor condition. The petitioner desires to store a few recreational vehicles in the rear of the property but would primarily use the outdoor space to store the business’ vehicles actively utilized in operations which is permitted. There are existing garage doors that would allow the petitioner to access the rear of the property from IL-120; however, the petitioner is in the process of receiving an access easement from the VFW for site access along the northside of the property. (Staff Report Continues on Next Page) CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. • 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 zoned C-5 Highway Commercial District with the surrounding land use and zoning primarily consisting of C-5 Highway Commercial District with I-1 Industrial District zoned parcel to the south that is currently occupied by Jessup Manufacturing. The primary consideration is how the proposed use of the property will interact with the surrounding land use and zoning. Although there is a retail component to the business, it is primarily a custom furniture manufacturing operation. In comparison to the prior use of the property for many years as an automobile repair shop, staff does not believe the proposed use would generate any adverse impacts on adjoining property owners that would exceed that of the previous use. Given the longevity of the site configuration of the existing structures, staff does not believe approval of the request for zoning variations would generate any adverse impacts on the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends commercial land use for the subject property with industrial land use primarily on the south side of IL-120. Although light furniture manufacturing is not consistent with the Future Land Use Map’s recommendation for commercial, the request is somewhat consistent with map’s recommendation for industrial land use located directly south of the subject property. The Commission may wish to consider whether the overall request is consistent with the Future Land Use Map’s recommendations for this section of the IL-120. 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) Although not in conformance with the future land use map recommendation for commercial, the request is somewhat consistent given that there is a retail element to their business operations. The future land use map also recommends industrial land use within the general vicinity of the subject property. • Growth, Policy – “Work with developers so that redevelopment improves the site or surrounding conditions, including: access, landscaping, lighting, safety, and aesthetics.” (p. 29) The petitioner is proposing significant investment in the façade and parking area which are currently in poor condition. Staff believes it is appropriate to include as a condition of approval that site development shall be in substantial conformance with the submitted plans and building elevations to accommodate the petitioner’s zoning requests. • Economic Development, Policy – “Allow Highway Commercial zoning only along major transportation routes.” (p. 54) The petitioner is requesting to allow a light furniture manufacturing use within the C-5 Highway Commercial District. The subject property is comparably much smaller than other C-5 Highway Property in the City. Many traditional retail businesses would be challenged to operate on site given the limited amount of parking available. Staff believes the petitioner’s request is reasonable given these existing site conditions. SITE PLAN REVIEW • Zoning District Bulk and Setback Requirements. The C-5 Highway Commercial District requires a interior side yard setback of 10’. The plat of survey indicates the west edge of the building sits directly on the property line and the east edge of the building is approximately 2.5’ off the east property line. According to County GIS imagery, the configuration of the site has existed since at least 1980. Given the longevity of the nonconformity, staff does not believe approval of the request to accommodate the existing principal structure would generate any adverse impacts on the surrounding property owners. • Landscaping. According to aerial imagery, it appears that nearly all of site is covered in impervious surface. The installation of landscaping on the subject property would be challenging given the existing conditions. The Zoning Ordinance allows the Zoning Administrator to waive landscape installation requirements based on unique site-specific circumstances. Staff agreed with the petitioner that it was appropriate to waive landscape installation requirements given these existing conditions. • Parking. The size of the building is approximately 3,000 SF which would require only 1 parking space to accommodate a manufacturing business. The proposed use of the property is in substantial conformance with the City’s Off-Street Parking and Loading requirements. • Outdoor Recreational Vehicle Rental Storage. The proposed rental storage area is located in the rear of the property that is already screened from the front of the property by the existing building as well as from the east property line by a change in grade. The site line of the rear property is already somewhat industrial in appearance with the rear side of the VFW scoreboard sign visible from the street. Staff believes the added screening of the rear property would add value to the adjoining property owners. Staff does not believe the rental storage request would generate any adverse impacts on the adjoining property owners. STAFF SUMMARY ANALYSIS • Staff believes the proposed light manufacturing operation is somewhat consistent with the industrial land use in the area. • Staff believes traditional retail uses would struggle to utilize the site due to the size of the property and lack of available parking. • Staff does not believe the proposed manufacturing use with outdoor rental storage of recreational vehicles would generate any adverse impacts greater than the prior use of the property as an auto repair shop. • Given the longevity of the site in its current configuration, staff does not believe approval of zoning variation requests would generate any adverse impacts. • Staff have included as a condition of approval that all development on site shall be in substantial conformance with the submitted site plan and building elevations. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended. MOTION: I motion to recommend approval of the petitioner’s request for a zoning variation to allow a 0’ interior side yard setback to accommodate the existing principal structure as depicted on the submitted plat of survey dated April 8, 2022, and a Use Variation to allow light furniture manufacturing with outdoor recreational vehicle rental storage subject to the following conditions: 1. The outdoor storage of recreational vehicles shall be screened from view, at minimum, by a 6-foot privacy fence. 2. The outdoor storage of recreational vehicles shall be restricted to the proposed fenced in area located behind the principal structure, as depicted on the submitted site plan. 3. All development on site shall be in substantial conformance with the submitted site plan and building elevations 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 Use Variations and Zoning Variations have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5) Staff comments italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship upon the property owner due to the small size of the lot which would make it challenging for traditional retail commercial businesses to utilize due to limited parking. 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 that based on the relatively small size of the property, it would be challenging to find a suitable commercial use for the property that could be accommodated with the limited amount of space available for parking. 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 believes the request is under a special circumstance related to the longevity of the establishment of the existing principal structure and configuration of the lot. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area due to the longevity of the property being used formally as an auto repair shop. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan of supporting redevelopment and requiring aesthetic improvements to the site. VARIANCE APPROVAL CRITERIA (§11-19-5). Staff comments italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes the variation request are related to a special circumstance not found elsewhere due to the property operating in its current layout and configuration for over 40 years. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to the size of the property and layout of the existing principal structure only and not all property within the C-5 Highway Commercial District. C. Not Resulting From Applicant Action. The applicant did not cause the nonconformity, the site has existed in its current configuration for over 40 years. D. Unnecessary Hardship. Staff believes enforcement would create an unnecessary hardship on the applicant which would require the principal structure to be significantly altered or destroyed in order to conform with the underlying zoning district regulations. 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 for a commercial business. G. Not Alter Local Character: Staff believes approval of the petitioner’s request would not substantially alter essential character of the locality due to the longevity of the existing layout of the principal structure for over 40 years. H. Consistent With Title And Plan: Staff believes the request is consistent with supporting commercial development to offer a wide variety of commercial services. 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 # # 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: October 19, 2022, Planning & Zoning Commission Meeting FROM: Cody Sheriff, City Planner RE: Z-2022-21 Zoning Text Amendments to §11-6-18 – Adult-Use Cannabis Business – District Regulations ATT: Draft Text Amendments AGENDA ITEM SUMMARY: The City of McHenry is requesting approval of text amendments to its Adult-Use Cannabis Business Regulations to limit the total number of Cannabis Dispensaries from two (2) to one (1) in the City of McHenry. STAFF ANALYSIS: Staff have been in communication with a dispensary interested in locating within the McHenry Market Area. Given the present circumstances of cannabis licensing, various dispensary license owners have conveyed similar concerns regarding allowing more than one location in the City. Staff is not opposed to limiting the total number of dispensaries from two to one given the fact that the City currently does not have single dispensing organization. Sample Motion: Motion to approve zoning text amendments to §11-6-18 Adult-Use Cannabis Business Regulations as outlined in the staff report. Draft Text Amendments 11-6-18(A)2(c): ADULT -USE CANNABIS BUSINESS: A maximum of one (1) two (2) Adult-Use Cannabis Dispensing Organizations shall be permitted to be operating in the City at anyone time.