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HomeMy WebLinkAboutPacket - 1/18/2023 - 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, January 18, 2023 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. Consideration of Approval of the Meeting Minutes: November 16, 2022 5. Public Input – (five minutes total on non-agenda items only) 6. Z-2023-02 Conditional Use Permit Tavern/Bar Without Live Entertainment and Zoning Variations to allow a reduction in the required number of Off-Street Parking Spaces at 700 N. Front Street. Petitioner: CL Quick Stop of Belvidere Inc. (DBA Lucky Poker) of 1901 N State Street, Belvidere, IL 61008 7. Z-2023-01– Preliminary and Final Plat of Subdivision for McHenry Lakes Business Park, Zoning Map Amendment to RS-1 Low Density Residential District with an AM Agriculture & Mining Overlay and C-5 Highway Commercial District, Conditional Use Permit for Earth Extraction, Processing, asphalt/concrete recycling, and outdoor storage of the construction of a lake, and Zoning Variations. Petitioner: Land Reserves, LLC. of 5435 Bull Valley Road, Suite 330 of McHenry, IL 60050 8. Z-2023-03-Various Zoning Text Amendments including but not limited to: Chapter 3: Definitions, Chapter 6: District Regulations, §11-6-20 Outdoor Storage, and §11-10H-2 Permitted and Conditional Uses. Petitioner: City of McHenry 9. Open Discussion 10. Staff Report: Next Meeting Date: Wednesday, February 15, 2023 11. Adjourn City of McHenry Planning and Zoning Commission Minutes November 16, 2022 Chairwoman Rockweiler called the November 16, 2022, regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Rockweiler, Davis, Riley, Smale and Lehman. Also in attendance were City Planner Cody Sheriff 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: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0-abstained; 0-absent. Motion Carried. Approval of Minutes: Approval of the October 19, 2022, regular meeting minutes as presented. A motion was made by Commissioner Smale and seconded by Commissioner Bremer for approval. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0- abstained; 0-absent. Motion Carried. Approval of 2023 Planning & Zoning Commission Meeting Schedule: A motion was made by Commissioner Lehman and seconded by Commissioner Riley for approval of the 2023 Planning & Zoning Commission Meeting Schedule as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0- abstained; 0-absent. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2022-22 Petitioner: KFPM Holdings LLC. of 5765 Lucerne Ln, Lake in the Hills, IL 60156 Conditional Use Permit to operate a Self-Storage Facility (Mini-Warehouse) on Lots 6-8 of McHenry Corporate Center Unit 5 Resubdivision of Lot 2. Chairwoman Rockweiler opened the file at 7:04 and City Planner Cody Sheriff explained that the petitioner has met all public notice requirements. Developers Peter and Michael Kalamaras were sworn in by Chiarwoman Rockweiler. The petitioners stated that they believe the requested use fits in with the current zoning. They are putting in 197 units for 22,000 square feet of self-storage space. Planner Sheriff explained that the future land use map is zoned for service-oriented use, and it is permissible in this business park. This is in McHenry Corporate Center, which was Planning and Zoning Commission September 21, 2022 Page 2 McHenry’s first business park. Any landscaping issues, site access and standards would have to comply with restrictions and covenants from the architectural review committee. This would be a 24-hour operation with lighting. Given the amount of minimal traffic a storage area causes, these should not be a nuisance or have negative impacts on the surrounding property. Chairwoman Rockweiler asked how the business is ran with nobody on site. Mr. Kalamaras explained that the are hiring a service to handle landscaping and snow plowing. The general clean up would be their responsibility, and they have a website with contact information for people who need to contact them directly. There will also be security cameras that tenants could access remotely online. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:10.p.m. With no members of the public wishing to speak, the public hearing was closed at 7:10 p.m. All members of the Commission stated that they had no issues with the plans and were in favor of the development. A motion was made by Commissioner Bremer and seconded by Commissioner Smale to recommend approval of the petitioner’s request for a Conditional Use Permit to operate a Self-Storage Facility (Mini-Warehouse) on the Subject Property, subject to the following conditions: 1. All development on site, including façade and landscaping design, shall be in substantial conformance with the underlying private covenants and restrictions as determined by the Zoning Administrator. 2. 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. 3. The property owner shall be required to maintain accurate primary and secondary emergency contact information on file with the Community Development Department. Failure to maintain accurate primary and secondary emergency contact information may result in the termination or temporary suspension of the Conditional Use Permit by City Council. 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. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0- nay; 0-abstained; 0-absent. Motion Carried. The hearing for file Z-2002-22 was closed a 7:13 p.m. Planning and Zoning Commission September 21, 2022 Page 3 File No. Z-2022-24 Petitioner: Daniel Daczewitz of 2584 Bay Oaks Drive, Lakemoor, IL 60051 Conditional Use Permit for Outdoor in Conjunction with a Contractor’s Office at 4102 W. Crystal Lake Road Chairwoman Rockweiler opened the file at 7:14 p.m. Planner Sheriff stated that the petitioner has complied with the public notice requirements. The property would be used for storing stuff for the County and IDOT for guardrail equipment. They must put up a privacy fence around the property and preserve the existing tree line if possible. The petitioner also owns the property near Route 120 to the north, but they are not planning on using that as part of this development. The petitioners were not present at the meeting. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:16 p.m. Michael Thompson addressed the Commission, and he was sworn in by Chairwoman Rockweiler. He explained that he owns the business next door. He explained that the building for the petitioner is outdated and not in good condition. He asked what the petitioner’s plans were for improvements on the property. He also had safety concerns when you leave his parking lot. If trucks were parked in the front of the property, it would be hard to see past them. He also asked how far the fence was to extend, what sign setback requirements might be, and if trucks would be idling on the property. On an unrelated note, he asked if the City had plans for fixing the sewer issues at his property. With new residential plans across the street, it may be time for the City to make sure the new infrastructure doesn’t cause more sewer problems. Planner Sheriff explained that the fence will be eight feet tall with privacy screening. The idling trucks should not be an issue because they load up the day before and leave for the entire day before returning to load for the next day. This type of operation has been going on previously and pre-dated the City’s ordinance, so it is legal non-conforming. They must abide by district set- back requirements. Parking is allowed in the commercial area in the front yard, but Staff does not believe that will occur due to the type of operation they run. Director Polerecky explained that the sewer is already in design for replacement. Chairwoman Rockweiler closed the public hearing at 7:28 p.m. Commissioner Bremer asked if they could be required to park behind the building line. Planner Sheriff stated that for the commercial building it is allowed by right to park in the front, but he does not know why they would want to. Chairwoman Rockweiler asked if this could be a safety concern. Director Polerecky explained that they must abide by the 25 foot sight triangle. He does not anticipate this as an issue, either, because they want a secure facility. Chairwoman Rockweiler stated her concern for the fact that the property is not well taken care of. Planner Sheriff stated that we should avoid what’s known as arbitrary and capricious conditions of approval that are not related to the requests. There was a discussion about the chain link fence, and Planner Sheriff explained that this is the most appropriate fence type based on the use. Planning and Zoning Commission September 21, 2022 Page 4 A motion was made by Commissioner Lehman and seconded by Commissioner Davis to recommend approval of the petitioner’s request for a Conditional Use Permit for Outdoor Storage in conjunction with a Contractor’s Office subject to the following conditions of approval: 1. All development and Outdoor Storage on the subject property shall be in substantial conformance with the submitted plan. 2. The Property Owner shall maintain the storage area in a neat and orderly appearance as determined by the Zoning Administrator. 3. All outdoor storage shall be related to the existing business operations. 4. The Property Owner shall provide a tree survey and preservation plan to the Zoning Administrator prior to removing any on-site trees for the construction of the proposed privacy screening fence. The petitioner shall preserve the existing tree line 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 have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0- nay; 0-abstained; 0-absent. Motion Carried. The hearing for file Z-2022-24 was closed a 7:37 p.m. File No. Z-2022-14 Petitioner: Northpointe Development Corporation of 230 Ohio Street, Suite 200, Oshkosh, WI 54902 Zoning Map Amendment to RM-2 High Density Multifamily Residential District, and Final Plan Approval for a Conditional Use Permit to allow a 54-Unit Multifamily Residential Planned Unit Development commonly known as Taylor Place Apartments. Chairwoman Rockweiler opened the file at 7:37 p.m. Planner Sheriff stated that the petitioner has complied with the public notice requirements. The petitioners were previously approved for conditional use for a 54 unit development, but are here tonight for a zoning map amendment. The IDD was established for use as its own district, which had challenges. The City adopted a PUD ordinance, which is a planned unit development. In this circumstance, they have already been approved for the conditional use permit, and now just need to be re-zoned from Industrial to RM2. Jake Victor of Northpointe Development was sworn in by Chairwoman Rockweiler. He explained that they have previously given their presentation and is happy to answer questions brought before him. Planner Sheriff explained that denying the rezoning request would not deny the conditional use permit that was already approved. The City should want to match zoning as close Planning and Zoning Commission September 21, 2022 Page 5 as possible. A traffic study has already been submitted which indicated that the development would not generate any adverse impacts. The development is also adjacent to a Metra Station which is conducive for transit-oriented developments. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:42 p.m. Michael Thompson spoke once again as a neighbor to the development. His concern is that he backs up to Fort McHenry Park, and they get teenagers causing trouble. They have installed some security cameras, but have people loitering on their picnic tables and leaving garbage. He is concerned that more people living across the street could lead to more problems. He does love the landscape design and the look of the proposed development. The public hearing was closed at 7:45 p.m. Commissioner Riley agreed that the development looks great aesthetically. He asked if anything could be done about foot traffic. Planner Sheriff stated that the development was approved, and our only task is for rezoning the property. A motion was made by Commissioner Smale and seconded by Commissioner Bremer to recommend approval the petitioner’s request for a Zoning Map Amendment 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 listed in §11-5-5 of the City of McHenry Zoning Ordinance have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0- nay; 0-abstained; 0-absent. Motion Carried. The hearing for Z-2022-14 was closed at 7:47 p.m. Open Discussion: The City is still looking for an additional Commissioner to serve on the board. Hopefully a new Commissioner will be appointed in the next couple of months. Staff Report: Planner Sheriff explained that he has been a lot brewing behind the scenes. We have begun the process of releasing an RFQ for the comprehensive plan update. At Monday’s meeting it there will be a presentation to see if we can expand the scope to include a downtown subarea update. Due to public and private investment, a lot has deviated from the original plan. Hopefully once a consultant is hired the launch will happen around April for a kickoff meeting. Adjourn: A motion was made by Commissioner Lehman and seconded by Commissioner Smale to adjourn the meeting at 7:52 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-nay; 0-abstained; 0-absent. Motion Carried. Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Lucky Poker (CL Quick Stop of Belvidere Inc.), is requesting approval of a Conditional Use Permit to operate a Tavern/Bar without Live Entertainment at 700 N Front Street and a Zoning Variation to allow 11 parking spaces in lieu of the required 20 spaces. 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-3 Community Commercial District and is currently vacant office space. Between 2002 and 2005, the existing building was constructed on a formerly vacant piece of land that adjoined a single-family neighborhood. The site has largely operated as commercial office space. Lucky Poker currently occupies a tenant space in Remax Plaza across the street from the subject property. The primary concern is how the land use would impact the adjoining single-family home to the east. Due to the site being zoned for commercial land use for approximately 20 years, staff does not anticipate the proposed use would generate any additional adverse impacts. FUTURE LAND USE MAP RECOMMENDATION The City’s Future Land Use Map recommends commercial land use. The proposed tavern is in substantial conformance with this recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is somewhat 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 – “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 a diverse shopping base which is diverse and affords the city with a sound economic base. SITE PLAN REVIEW • Parking. The existing site contains 11 parking spaces or roughly 5.5 spaces per 1,000 square feet of floor area. As the Commission may recall, the City amended much of its parking regulations a few months prior. Ironically, taverns were not included in the previous round of text amendments. Current regulations would require one space per 100 square feet of floor area (20 spaces total). A total of 20 parking spaces for a 2,000 square foot building does appear quite excessive in staff’s opinion. Staff would feel comfortable with the recently adopted restaurant standard which only requires 1 per every 4 seats or 4 per 1,000 square feet whichever is greater. Using said standards, this would require approximately 8 spaces for the proposed use as opposed to 20. Overall, staff does believe there is adequate parking onsite to service the needs of the proposed business. STAFF SUMMARY ANALYSIS • Given the longevity of the operation and use of the property as commercial office space, staff does not anticipate any additional adverse impacts on the surrounding property owners. • Staff believes the required number of 20 parking spaces to be quite excessive for the proposed use. Using the restaurant standard instead of the tavern parking standard would only require 8 spaces as opposed to 20. With 11 spaces already provided, staff does not believe approval of the variance request to allow 11 spaces in lieu of 20 would generate any adverse impacts. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following 2 motions are recommended. 1st MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit for a tavern without live entertainment. 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. Staff does not anticipate the type and volume of traffic flow generated in this zoning district would generate any adverse impacts beyond what is ordinary for the C-3 Community Commercial District. 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. An existing evergreen screening berm exists between the subject property and the residential property to the east. Staff believes there is adequate screening between the proposed tavern and the residential property to the east. 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. Given the longevity for commercial use of the property staff does not anticipate further commercial use would alter the neighborhood character. 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 is already serviced by City Water and 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. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. 2nd MOTION: I motion to approve the petitioner’s request for a variation to allow 11 parking spaces in lieu of the required 20 spaces. AND by making said motion, I agree with staff’s assessment that the approval criteria for variances have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is a special circumstance. B. Circumstances Relate to the Property Only. N/A C. Not Resulting From Applicant Action. The applicant did not create the required number of parking spaces for taverns. Staff have identified this parking requirement as being in need of updating. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship onto the applicant since he did not create the parking requirements for taverns. Staff have identified that the total number of required spaces appears to be excessive considering the type of use. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the petitioner’s request would not substantially alter essential character of the locality nor have any other adverse impacts. H. Consistent With Title And Plan: N/A 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 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 Land Reserves, LLC. (Owner of Record), is requesting approval of the following zoning items upon annexation for the creation of a 2-lot subdivision with highway commercial operations fronting IL-120 and aggregate mining on the northern 110-acre tract: 1. Preliminary and Final Plat of McHenry Lakes Business Park Subdivision 2. Zoning Map Amendment Lot 1 (fronting IL-120) to C-5 Highway Commercial District 3. Zoning Map Amendments Lot 2 (Aggregate mining operation area) to RS-1 Low Density Single Family Residential District with an AM Agriculture & Mining Overlay 4. Conditional Use Permit for Earth Extraction, Processing, asphalt/concrete recycling, and outdoor storage for the construction of a lake. 5. Zoning Variations: a. Berm Height: 6-8’ in lieu of 10’ required. b. Mining Operations Other Than Crushing – Setback Distance: between 30-50’ in lieu of 100’ required. c. Hours of Operation: exemption to operate outside Ordinance requirements to meet contractual obligations from time-to-time. The proposed aggregate mining operation involves the extraction of materials below the groundwater of the shallow aquifer. This type of operation typically involves a hydraulic dredge which floats on the surface of the water while extracting aggregate materials. Hydraulic dredging does have the advantage of producing less noise and dust than dry earth extraction activities. However, some dry earth extraction activities would inevitably need to occur until such a point where a hydraulic dredge could be installed. The initial construction involves the creation of a two-lot subdivision with Lot 1, fronting IL-120, zoned C-5 Highway Commercial for commercial office/warehouse buildings. The remainder of the property designated Lot 2 would contain the earth extraction activities. Later phases of expansion involve the property further to the north which is in the Village of Lakemoor. Said property is subject to an existing annexation agreement that is set to expire in 2029. Staff is strongly opposed to a cross-jurisdictional mining operation and reclamation plan. Included as a condition of approval requires the petitioner to disconnect the property to the north at such time the existing annexation agreement with the Village of Lakemoor expires and annex into the City of McHenry. A major planning component of a gravel operation is the reclamation plan. The reclamation plan covers the regrading and predicted land use once all operations have ceased and is often accompanied by a conceptual development plan. The developer is required, at minimum, to provide the City a letter of credit or bond to cover the costs of regrading the mined area. According to the conceptual development plan, the petitioner desires to construct an estate sized subdivision with an undetermined size and number of lots once mining operations have ceased. Approval of the reclamation plan and conceptual development plan does not provide a guarantee the development will occur. The petitioner will need to return to the City for applicable subdivision and development approvals should he decide to actively pursue the proposed concept development plan. 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 • The petitioner must meet the approval criteria for Map Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is zoned R1 Single Family, R3 Multifamily, and B3 General Business District in unincorporated McHenry County but is currently undeveloped and actively farmed. The property to the northeast (Val-Mar County Estates Residential Subdivision) is zoned R1 Single Family with single family land use. The Commission should pay special attention to any requests for relief from the City’s adopted Mining Ordinance that may directly impact said residential subdivision. The petitioner should provide adequate justification of a hardship, as opposed to a mere inconvenience, for any zoning relief sought. Placing a gravel pit next to existing single-family land use is not an ideal scenario and should be avoided if possible due to the negative impacts on property value. The Commission should discuss whether it believes the benefits gained from the gravel pit outweigh the potential impacts on the adjoining property values. FUTURE LAND USE MAP RECOMMENDATION The City’s Future Land Use Map recommends Low Density Residential and Commercial. The proposed Commercial Zoning along IL-120 and future concept plan for Low Density Single Family Residential are mostly in compliance with the Future Land Use Map Recommendation. However, the proposed gravel operation is not in compliance with the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is somewhat 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 – “Promote development that blends with existing development in the area especially if located within a unique sub-area.” (p. 29) The subject property is located within the Bull Valley Road, Miller Road, Chapel Hill Road Corridor Study. The petitioner is required to set aside a portion of the property should any future ROW dedication be required. The petitioner is also providing the required bikeway dedication as part of the future multiuse path along Chapel Hill Road. SITE PLAN REVIEW 1. Facilities Planning Area Amendment. The subject property is located outside of the McHenry Facility Planning Area (FPA) and encroaches within the Lakemoor FPA. FPAs are planned public wastewater infrastructure boundaries that are monitored by the Illinois Environmental Protection Agency and evaluated by the Chicago Metropolitan Agency for Planning (CMAP). With the extension of City Water and Sanitary Sewer, the petitioner will need to consult with CMAP and begin amending the FPA boundary. 2. Exemption Request – Hours of Operation. The petitioner has indicated that they are requesting an exemption to hours of operations to include contractual obligations to supply materials for an Illinois Tollway, IDOT, City (non-exclusive to McHenry), or McHenry County Road building project which require Sunday’s or extended hours of operation. Given the proximity of operations to single-family residential, staff is recommending denial of the petitioner’s exemption request. 3. Lakemoor Disconnection – 36-acre property north of the Subject Property. The petitioner owns the 36- acre property directly to the north, located within the Village of Lakemoor, and plans to continue mining operations on the property. Staff is opposed to a cross-jurisdictional mining arrangement and has recommended the petitioner disconnect the property that is currently under the jurisdiction of the Village of Lakemoor. Per the Illinois Compiled Statutes, the Lakemoor Annexation Agreement is set to expire October 2029. 4. Berm Size & Setback. The petitioner is proposing a 6–8-foot-tall, landscaped berm along the entire length of the project along with a 4.5-foot-tall fence. The petitioner is seeking a variance from the required 10-foot-tall berm requirement. Where a lot line of a mining operation abuts the boundary of a Residential District, the Ordinance requires the berm shall be setback a minimum of 50’ from that residential lot line. The petitioner is proposing an approximate 0-foot setback in most areas abutting residential. Staff recommends the petitioner complies with the Ordinance or be prepared to justify the hardship. 5. Tree Planting Requirement. The City’s Ordinance requires trees a minimum of ten feet high at time of planting and shall be spaced a minimum of 25’ apart shall be planted along the top of any berm or portion thereof located within 500’ of extraction activity. As mining progresses per phase, the berm shall be constructed and appropriately planted. 6. Mining Operations other than Crushing – Setback Distance. The petitioner is proposing a setback of approximately 30-50 feet along the sides of the property. The City of McHenry Surface Mining Ordinance requires a 100-foot setback from general mining operations - excluding crushing activities which require significant setback distances from the property line. The petitioner has conveyed to staff that the additional setback distance creates a ‘dead space’ maintenance area that could potentially increase nuisance related growth. Staff is not strictly opposed to the justification but is uncertain if this would be more appropriately deemed an inconvenience as opposed to a hardship, but the Commission should weigh the benefits gained vs the impact imposed on the adjoining property owners. 7. IDOT & MCDOT reviews. The petitioner will need to seek all necessary subdivision review and approvals from the McHenry County Division of Transportation and Illinois Department of Transportation. Staff is recommending as a condition of approval that all applicable federal, state, and local laws shall be met. Any significant deviations from the approved plan would require approval by City Council. 8. Proposed Access (IL-120). The proposed access on IL-120 is restricted to commercial access only. The future residential subdivision would not be permitted to have direct access to IL-120 based on prior correspondence with the Illinois Department of Transportation. STAFF SUMMARY ANALYSIS • The petitioner is seeking relief from the restricted hours of operation. Given the close proximity of residential, staff does not recommend waiving these restrictions unless a hardship can be justified as opposed to a mere inconvenience. • The petitioner is seeking relief from the landscape berm size and setback requirements. The petitioner should be prepared to justify a particular hardship for the request. • The petitioner is requesting relief to allow mining operations within the 100-foot setback from any nonindustrial property. The petitioner should be prepared to justify a hardship to the Commission. • Approval of the request will adversely impact adjoining property values of single-family homes. The Commission should discuss whether the public benefit received will outweigh the negative impact imposed. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following 4 motions are recommended. 1st MOTION: I motion to recommend approval of the petitioner’s request for a Preliminary and Final Plat of Subdivision for the McHenry Lakes Business Park Subdivision subject to the condition that all development on site shall be serviced by City Water and Sanitary Sewer as determined by Director of Public Works. 2nd MOTION: I motion to recommend approval of the petitioner’s request for a Zoning Map Amendment on Lot 1 to C-5 Highway Commercial District and RS-1 Low Density Single Family Residential with Agricultural Mining Overlay Zoning District on Lot 2 of McHenry Lakes Business Park Subdivision. AND by making said motion I agree the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. §11-5-5: APPROVAL CRITERIA FOR ZONING AMENDMENTS: A. Compatible With Use or Zoning Of Environs. Staff believes the proposed request is consistent and compatible with the surrounding environment. Low Density Residential Zoning adjacent will blend in with the surrounding low density single family zoning. Highway Commercial Zoning along IL-120 is consistent with the trend in the area of putting highway commercial zoning along IL State Routes. B. Supported by Trend of Development. A gravel pit operation is directly east of the subject property. Staff believes approval is supported by the trend of development within the area. C. Consistent With Comprehensive Plan Objectives. Staff believes the request is somewhat consistent with the Comprehensive Plan Objectives and Future Land Use Map of having commercial front IL-120 with single family land use potentially existing once mining operations have ceased. D. Furthers Public Interest. 3rd MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit to allow extraction, earth materials processing operations, asphalt/concrete recycling operations and outdoor storage associated with the operation of a gravel pit and construction of a lake on Lot 2 of McHenry Lakes Business Park Subdivision subject to the following conditions: 1. All development on site shall be in substantial conformance with the submitted plans. 2. All operations and development shall be in substantial conformance with Chapter 18: Surface Mining of the City of McHenry Zoning Ordinance. 3. The Property Owner shall be responsible for amending the Facilities Planning Area (FPA) within a reasonable timeframe as determined by the Zoning Administrator. 4. All outdoor storage shall be related to the existing on-site business operations. 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. The petitioner is responsible for providing traffic impact studies to the Illinois Department of Transportation. Staff does not believe approval of the request would create any adverse impacts on the surrounding property owners. 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. The petitioner is required to provide berms, screening, and fencing along all applicable property lines in order to minimize any adverse effects on noise, glare, and dust and are appropriately controlled. 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 petitioner is required to provide adequate berms, screening and fencing along all applicable residential property lines to minimize the impact of the proposed gravel pit on property values. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The petitioner is required as a condition of approval to initiate a Facilities Planning Area Amendment. 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. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. Variance motion may depend on discussion. 4th Motion: I motion to recommend DENIAL of the petitioner request for zoning relief related to mining operations because the petitioner has failed to demonstrate the variance is not resulting from the Applicant Action and therefore does not meet §11-19-5 Approval Criteria for Variances. Attachments: • Petitioner’s Application and attachments • Receipt of publication of legal notice Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Planning & Zoning Commission FOR: January 18, 2022 FROM: Cody Sheriff, City Planner RE: Various Text Amendments to the City of McHenry Zoning Ordinance AGENDA ITEM SUMMARY: City staff are requesting approval of the following zoning text amendments: 1. Outdoor Storage 2. Permitted Public Uses 3. Automotive Repair Outdoor Storage – Crystal Lake • Allowed in most commercial and industrial areas subject to standards of approval. Standards include privacy screening fence, landscaping, etc. Reasonableness standard (shall be reasonably screened from view with consideration given to size over 15 feet depending on what is being stored) • Screening: All outside service or storage areas shall be screened from view with solid wooden fencing or opaque landscaping, in accordance with the standards in Section 4- 700, Fences, walls and screening. The height of the fencing shall be adequate to conceal the stock, equipment or materials from view of adjacent properties. In cases where the height of materials exceeds 15 feet in height making it difficult to screen with fencing and landscaping, consideration will be given to the type of materials being stored and the impact of the visibility on the adjacent and surrounding property owners. • Location Rear Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1 Outdoor Storage – Woodstock • Allowed in most commercial districts and industrial districts. • All outside storage areas shall be screened by a fence, wall, berm or densely planted evergreens and other landscaping at a height sufficient to block the view of the storage area from neighboring properties and adjoining streets. Outdoor Storage – McHenry • Currently listed as a CUP in most districts. • Change to allow as a permitted use subject to existing standards for A-1, C-2, C-3, C-5, I- 1 Industrial, and BP Business Park District. OUTDOOR STORAGE TEXT CHANGES: 11-6-20: OUTDOOR STORAGE: A. Applicability: The following standards apply to outdoor storage as an accessory to a non- residential use. The storage of construction equipment and materials on properties under active construction are not subject to these restrictions. 1. All outdoor storage shall be paved with asphalt or concrete unless determined by the Zoning Administrator to not be necessary. 2. Outdoor storage is prohibited within the required front and corner side yard setback of the underlying zoning district 3. Outdoor storage of bulk materials is prohibited unless enclosed within a storage container. 4. All materials stored onsite shall be related to a permitted use of the property and shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator. 5. No required parking area can be used for outdoor storage. 6. Outdoor storage areas shall be reasonably screened from view off the property by any combination of buildings, solid fencing, or solid landscaping. a. The fencing or landscaping shall have a minimum height of six feet (6') at the time of installation. Storage is prohibited outside the screened area. b. The Zoning Administrator may require the installation of fencing in addition to solid landscaping. c. Storage exceeding six feet (6’) shall require review by the Zoning Administrator who may give consideration to the type of materials being stored and the impact of the visibility on the adjacent and surrounding property owners. The Zoning Administrator Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2 may approve, approve with conditions, or deny requests for outdoor storage in excess of six feet (6’) in height. ------ USE, CONDITIONAL PUBLIC: A. The use of property other than as permitted public uses, as defined herein, by a public utility, railroad or governmental body for the provision of public utilities or services, including sewerage, water supply, electricity, gas, public safety, government administration, transportation, and communications. B. Conditional public uses shall include power plants or substations; water or sewage treatment plants, reservoirs or pumping stations; railroad and utility buildings; police and fire stations, Municipal buildings and local government offices; and public transportation facilities, including shelters, garages, terminals, parking and turnaround areas, and service buildings. all other public uses determined by the Zoning Administrator to be similar to other conditional uses within the underlying zoning district. USES, PERMITTED PUBLIC: Poles, towers, tunnels, conduits, wires, cables, vaults, laterals, pipes, drains, mains, valves, hydrants, and similar distribution equipment for public services or utilities; fire alarms and police call boxes; traffic signals; pay telephones; all other uses determined by the Zoning Administrator to be similar to other permitted uses within the underlying zoning district. ------ Automotive Repair – Crystal Lake • Body work is special use in most commercial areas and industrial • Minor repair work and oil changes are permitted in most commercial and industrial areas. Automotive Repair – Woodstock • Allowed generally in most commercial and industrial areas. • No Special Use Required. Automotive Repair – McHenry • Conditional Use only in C-5 • Proposed: allow in C-5 Highway Commercial and I-1 Industrial.