HomeMy WebLinkAboutPacket - 3/15/2023 - Planning and Zoning Commission
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PLANNING & ZONING COMMISSION
MEETING NOTICE
DATE: Wednesday, March 15, 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: January 18, 2023
5. Public Input – (five minutes total on non-agenda items only)
6. Z-2023-05 – Conditional Use Permit and Zoning Variations to Operate a Fire Station at 1004 S IL. 31.
Petitioner: McHenry Township Fire Protection District of 3810 W. Elm Street, McHenry, IL
7. Z-2023-06 – Zoning Map Amendment from C-4 Downtown Commercial District to RS-4 High Density
Single-Family Residential District (3814 W. Main Street), and RA-1 Attached Residential District (3812
W. Main Street). Petitioner: City of McHenry of 333 S Green Street, McHenry, IL
8. Z-2023-07 – Text Amendments to the City of McHenry Off Street Parking and Loading Ordinance.
Petitioner: City of McHenry of 333 S. Green Street, McHenry, IL
9. Open Discussion
10. Staff Report: Next Meeting Date: April 19, 2023
11. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
January 18, 2023
Chairwoman Rockweiler called the January 18, 2023, regular meeting of the City of McHenry
Planning and Zoning Commission to order at 7:06 p.m. In attendance were the following:
Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Lehman. Absent was
Commissioner Smale. Also in attendance were City Planner Cody Sheriff, Community
Development Director Ross Polerecky, and Deputy City Clerk Monte Johnson.
Approval of the Agenda:
A motion was made by Commissioner Bremer and seconded by Commissioner Riley to
approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Davis, Riley, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried.
Approval of Minutes:
Approval of the November 16, 2022, regular meeting minutes as presented. A motion was
made by Commissioner Riley and seconded by Commissioner Bremer for approval as
presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and
Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried.
Public Input
No members of the public offered any public input.
File No. Z-2023-02
Petitioner: CL Quick Stop of Belvidere Inc. (DBA Lucky Poker) of 1901 N State Street, Belvidere, IL
61008
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
Chairwoman Rockweiler opened the file at 7:08 p.m. and City Planner Cody Sheriff explained
that the petitioner has met all public notice requirements. Petitioner Kevin Olson and
Attorney Nathan Noble were sworn in by Chairwoman Rockweiler. The petitioner stated that
they would like to move their business across the street in the building for sale. This would
make a nicer place for their business.
Planner Sheriff explained t hat they currently run as a bar/tavern without live entertainment.
This requires a conditional use permit. It is zoned commercial and has ample parking for their
business in the opinion of Staff. There are no anticipated adverse impacts. The dense row of
evergreens must stay.
Planning and Zoning Commission
January 18, 2023
Page 2
Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:12 p.m. With
nobody wanting to speak, she closed the hearing at 7:12 p.m. All members of the
Commission agreed that they have no issues with the request. There seems to be ample
parking and no negative impacts are expected.
A motion was made by Commissioner Bremer and seconded by Commissioner Gleason 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.
Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0-
nay; 0-abstained; 1-absent: Smale. Motion Carried.
A motion was made by Commissioner Lehman and seconded by Commissioner Riley 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.
Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman.
0-nay; 0-abstained; 1-absent: Smale. Motion Carried
The hearing for file Z-2023-02 was closed at 7:15 p.m.
File No. Z-2023-01
Petitioner: Land Reserves, LLC. of 5435 Bull Valley Road, Suite 330 of McHenry, IL 60050
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
Chairwoman Rockweiler opened the file at 7:15 p.m. City Planner Sheriff explained that the
petitioner has meet all public notice requirements. Jack Pease of Super Aggregates/Land
Reserves was present with Project Manager Phil Brown. Both were sworn in by
Chairwoman Rockweiler.
Mr. Pease explained that he has been in business for 55 years. They have been an earth
moving contractor and are in the sand & gravel market in the area. They presented a
booklet to Commission members to explain their proposed project and the need for
another sand & gravel pit in the area. For 70+ years the pit in Algonquin has provided for
the area but it is closing this year. Five years ago there were 31 operating facilities in
McHenry County. At the beginning of 2022 there were only 14. Three of those ran out of
Planning and Zoning Commission
January 18, 2023
Page 3
material this past year, and in two years the number of facilities is expected to fall to
seven. He believes this gravel pit will be necessary to keep the supply needed for the
McHenry County area and to keep costs low for projects undertaken by our local
governments.
His booklet showcased numerous projects done by his company. Unlike larger corporations
interested in mining, his company also is a real estate developer. They care as much about
the finished real estate project as they do about the mining. The proposed development
would have a wash plant that would not move throughout the process. It is proposed to be
600 feet from Route 120 with a berm surrounding the entire operation. A traffic study was
done and it is anticipated that 95% of the material leaving the plant would be heading
eastbound. In total, there is an expected 6.5 million ton of material to be processed, with
about 50 loads per day and five loads per hour.
He addressed concerns about noise, dust, and vibrations. There will be a paved driveway
from Route 120 to the wash piles. The area around the piles is damp and materials are
cleaned and moist. There is not much dust created. Noise should not be a concern as they
have showed at their other locations. While groundwater contamination is one concern of
nearby residents, they have groundwater monitoring wells that are under control and
monitored by the Health Department and the Illinois EPA.
They are asking for a variation in hours of operation for governmental agency emergencies
only. Another variance requested is for the height and location of the berm. They are
requesting a 6-8 foot tall berm with a more gentle slope that gives a better shield from the
line of sight. Pictures and examples of other berms at other developments were shown and
discussed.
Mr. Pease reviewed the revenues to the City on page 17. Revenues from a property tax
base should give the City $600,000 in property taxes. Sales taxes should equal about $1
million over the same 20 year period. It was also suggested that instead of spending money
on water and sewer infrastructure, that money could go to the City as a royalty.
Mr. Sheriff gave his staff report in detail. Green lines on the map show where the berm
should be located per the City’s ordinance. The red line shows where mining operations
should be located. The ordinance only allows 10 years of mining, so a renewal would be
required after 10 years. They have proposed a berm height of 6-8 feet, and there is already
a planting requirement for berms. Lakemoor can’t supply water and sewer to this
operation, and the City of McHenry was under the assumption that the operation would
get its service from the City. After discussion of the water & sewer services, the elimination
of those services could be put into a variance as well. This would also be discussed in a
possible development agreement with the City Council. Mr. Sheriff also explained how it is
proposed that the property come in with one zoning classification but would turn into a
different zoning classification once the mining is completed.
Planning and Zoning Commission
January 18, 2023
Page 4
Commissioner Davis asked if there is a fence requirement for the berm. Mr. Sheriff
explained that there must be a decorative fence 4.5 high along the berm. Commissioner
Davis asked about the location of the truck entrance. It was explained that it is located on
Route 120 at the southeast corner where there is a right turn lane for westbound traffic.
This was determined the best location per IDOT. Because this is on a State highway, IDOT
gets to make the determinations of the entrances and traffic flows.
Commissioner Gleason asked for clarification on the future revenue projections. Mr. Pease
sated that only about a dozen homes will be built on the proposed mining site, with an
other dozen on a north property that is not part of the mining project. There can only be
about a dozen homes because of the strict requirements for septic systems.
Chairwoman Rockweiler opened the public hearing portion of the meeting at 8:38 p.m. She
explained the guidelines for public participation. The first section is for questions only, and
the second section is for testimony. Questions and comments should be factual.
Sean Blanken asked questions regarding the berm, but was quickly warned that he was
speaking in an unacceptable manner that was considered rude or disrespectful by
Chairwoman Rockweiler. After continual warnings for his behavior, Mr. Blanken left the
meeting voluntarily.
One member of the public asked about concrete and asphalt. Mr. Pease explained that
they do not produce concrete or asphalt. Their only provision is that they can recycle the
crushed asphalt if requested for local projects. They already have a large operation in Volo
that is just 4.5 miles away. They are not looking to start another large operation such as
that. There will be no crushing or recycling at the proposed plant.
Kathleen Schlueter asked what the hours of operation would be. Mr. Pease explained that
it woul d be 6:00 a.m. to 6:00 p.m. Monday through Friday, and 6:00 a.m. – 2:00 p.m. on
Saturday. The industry expects trucks ready to go by 7:00 a.m., so they start loading at 6:00
a.m. Not much happens after 3:00 or 4:00 p.m. because most work is completed by that
time. The time variance would only happen in an emergency with the City’s approval.
Cliff Bouke asked about the dangerous chemicals in asphalt. Mr. Pease explained that the
EPA does not have big concerns over crushing concrete or asphalt. The elements are inert
and they are just using earth products of sand and stone. There is some silica dust, but our
local sand and stone isn’t high in silica. They spray 25 gallons of water per minute above
the operation to stop the dust particles. The recycling occurs in Volo and the plan is not to
do crushing or asphalt at the proposed location. Mr. Bouke referenced Google to find
information about dangerous chemicals in asphalt.
Planning and Zoning Commission
January 18, 2023
Page 5
Anthony Ramseran explained that each morning they have 20-30 deer near their home.
There are also coyotes and birds. He asked if there has been any thought to the
environmental impact for the local animals. Some deer already get impaled on the fence.
Mr. Pease explained that right now all 110 acres are tillable. They only mine a portion at a
time, and he believes that once completed they animals will like the new habitat even
better than the current farm fields. This tends to be more suitable for the animals than the
tract housing that comes in and destroys and entire area where animals reside.
Tim Kuraszek asked how many gravel pits are currently in the middle of residential
neighborhoods. Mr. Pease explained that out of the 10 they have now, and four
completed, they have 10 of the 14 in residential areas from the day they started. Mr.
Kuraszek asked how many they moved in on, and Mr. Pease stated that probably less than
half of the developments are like that. Mr. Pease stated that they want the development
as much as they want the gravel pit. They have built 27 residential estate subdivisions to
date. They must do gravel pits near residential neighborhoods because that is where they
gravel is. Northwestern Illinois is a populated area and it isn’t possible to get gravel pits
that aren’t near homes. Mr. Kuraszek asked if their employees wear a monitor for silica
dust in the air. Mr. Pease said that the EPA requires them to do tests for dust but not when
there is no visible dust in the air. OSHA does not have jurisdiction in the gravel operation
and they are regulated more strictly than what OSHA would regulate. Mr. Kuraszek stated
that they live on the east side, and he questioned how closely they would be mining to that
side. Mr. Pease stated that the full depth is 150 feet to the edge of the lake. From there it
may be 5-10 feet deep. The edge of the lake is 150 feet to the property line. Putting the
berm closer to them actually helps shield their line of site. Mr. Kuraszek questioned if the
Spring Grove pit had 40 years of inventory. Mr. Pease stated that this may be true but they
are only able to get 1 million tons out each year. Mr. Kuraszek also questioned what would
happen if the federal infrastructure money dries up in 2024, and if there would not be as
much of demand. Mr. Pease stated that the government would make sure money was
available for infrastructure.
Pam Fullmer questioned who owned the 10 acres of property to the east of the outdoor
theater. It was explained that the property closest to the theater was not owned by them,
but they did own the property to the farthest east. They do not plan to do any mining at
that location, but would develop homes there in the future. She questioned their property
values getting lowered, and Mr. Pease stated that they plan to make the property nicer
once their development is completed. He also stressed that there should be no noise heard
from the north side of the pit.
A resident in Stone Woods asked if the property has been annexed into the City of
McHenry. Planner Sheriff explained that the property currently sits in the jurisdiction of
the County as it is currently unincorporated. The parcel would be annexed into the City.
The property to the north has an annexation agreement with Lakemoor, but that
Planning and Zoning Commission
January 18, 2023
Page 6
agreement would expire in 2029, and the property owner could petition to have it annexed
into any municipality that it is touching.
A resident near Country Lane and Chapel Hill Road asked how this development might
impact an annexation to the City for the Eastwood Manor subdivision. Mr. Sheriff
explained that property must be wholly surrounded and must be less than 60 acres to be
forci bly annexed. That neighborhood could not be forced to annex. He also asked about
the water table as they have a private water company supply their water. Mr. Pease
explained that they stop their operations before hitting the water table. The EPA and
Health Department review samples and observe the operation for any concerns. There was
also concern about the traffic accidents at the 120/Chapel Hill intersection, and how more
traffic could make things worse. Mr. Pease explained that IDOT and McHenry Department
of Transportation is working on the issue. A study has been done and there could be future
plans to widen Chapel Hill Road.
Another resident asked about the variance request for accepting crushed concrete, and if
that variance is denied, would it stop the development. Mr. Pease explained that the
request was only to help local contractors with a special use permit and not a variance.
This was just to keep costs down for local contractors. If this was denied, that would not
stop the development.
Mike Palomino asked about the realistic end date of the gravel pit. Is 17 years realistic, or
what will things look like in 20 years? Mr. Pease stated that 17 years is a realistic end date,
and that in the last 2-3 years they would be working by the berm on the east side. It was
asked if the berm would stay permanently, and Mr. Pease stated that some people like the
berm to be removed when operations cease because they want to enjoy the scenery and
new lake. Mr. Pease offered to get information to people to show past developments by
neighborhoods and how they now look.
A resident asked what makes this development different than Thelen. Mr. Pease stated
that Thelen is producing at four times the pace with four times larger equipment. They
handle the material more times than he will, and they use a large clam dredge with a
conveyor with a lot of cobbles. Mr. Pease will do sand and pea gravel. Their material
doesn’t get crushed and gets screened instead. It was also asked why they would have a
road that connects Velmar Estates to Lincoln Road. Mr. Pease explained that many
jurisdictions like the idea of connecting roads for safety purposes. Fire and police
departments want those access roads for public safety. That road is only a proposal and
nothing regarding the road has been finalized.
Chairwoman Rockweiler declared a recess for five minutes at 9:50 p.m. Chairwoman
Rockweiler reconvened the meeting at 9:58 p.m. She began the testimony part of the
hearing and explained that only facts would be considered. She reminded participants to
be respectful with their comments.
Planning and Zoning Commission
January 18, 2023
Page 7
Lisa Godzicki was sworn in by Chairwoman Rockweiler. She explained she has been a
resident of Glenmar Estates for 18.5 years. She is concerned about noise, pollution, water,
and the property values. As a realtor, she has shown houses on Burning Tree that people
refused to purchase because they looked out the window and saw the gravel pit. She
doesn’t want the quality of life to deteriorate and people love living in that area because it
is so small.
Colleen Kuraszek was sworn in by Chairwoman Rockweiler. She stated that Thelen moved
in a few years ago, and every day at 6:00 a.m. they conveyor belts run along with the rock
crushers. The noise ordinance doesn’t seem to matter as they hear noise 14 hours a day,
six days a week. The berms are 20-25 feet high and they still hear constant noise. She is
also concerned about carcinogens and air particles. They can’t have the windows open
because they can’t stop the particles. Well water is also a concern, and the schools should
also be concerned. The revenue the City would be making doesn’t seem like it is enough
compared to all of the issues being addressed. She worries about the kids and the property
values.
Tim Kuraszek was sworn in by Chairwoman Rockweiler. He stated that the neighborhood is
full of kids and a four foot fence on a 6 foot berm won’t keep the kids out. He worries
about them crawling into the lake and being killed or injured. There is no reason to drop a
gravel pit into a neighborhood as it would do the residents a great disservice. The decision
will affect the quality of life for as long as they live around there.
Kathleen Schlueter was sworn in by Chairwoman Rockweiler. She explained that she lives
down the hill and they hear the trucks from Thelen. Putting in another gravel pit would
make it really loud. The biggest concern is the dust, noise, traffic, and property values. She
realizes that they may develop the land to make it nice once the gravel pit is gone, but
wonders if they can just build the nice neighborhood now instead of making them suffer
for 15-20 years with the gravel pit beforehand.
Stan Mill was sworn in by Chairwoman Rockweiler. He explained that he fully understands
the value of the gravel pit. However, they need to look at the quality of life of the
residents, hours of operation, berms, setbacks, noise, dust, and water wells. The wells on
the west neighborhood could be impacted. They need assurances that trucks and the
traffic on Route 120 won’t be an issue. He also heard rumors that there should not be a
ready mix plant. He has personally seen what nice things Mr. Pease has done with his other
properties and commends him on that. If there were assurances through the zoning
process that what they did for Dutch Creek can be done here, that would make them a
good neighbor. There are 52 homeowners nearby, of which 51 have been there for 25
years or more. He implores the City to do the right thing so they can be proud of what
they have. They will be affected for 20 years or more for what is being planned.
Planning and Zoning Commission
January 18, 2023
Page 8
Chairwoman Rockweiler thanked all of the residents for their heartfelt and respectful
comments. She closed the public hearing at 10:17 p.m.
Mr. Pease was given a chance to respond to comments. He stated that his promises are
always kept. He offered to share the references from his past projects. He has village
administrators, chiefs of police, public works departments, and other neighbors willing to
vouch for his work and his promises. They have made a pattern of being a good neighbor.
Whatever they can do to make sure they have a level of comfort, they want to accomplish
that.
Chairwoman Rockweiler began the discussion by the Planning Commission. She sated that
if they wanted to have a gravel pit in this location, this is the company they want working
there. But she is not certain this is a good place for a gravel pit. She shares some of the
same concerns as the residents and the concerns on the staff report. She believes they are
a good company and that they know their stuff, but is not sure this is the right place for the
development.
Commissioner Bremer had concerns about the traffic and the noise. Property values of
neighboring residents is a major concern as well. Commissioner Riley wasn’t as concerned
about the noise as he was about being surrounded by residential neighborhoods for so
many years. Commissioner Lehman echoed those sentiments, and focused on traffic and
noise issues. Commissioner Gleason shared the same concerns. He is worried that other
developers may not want to come to that area knowing that there is a gravel pit nearby.
Commissioner Davis shared the same concerns as each of the other commissioners.
A motion was made by Commissioner Bremer and seconded by Commissioner Lehman 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.
Roll Call Vote: 0-ayes; 6-Nay: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and
Lehman; 0-abstained; 1-absent: Smale. Motion Denied.
A motion was made by Commissioner Bremer and seconded by Commissioner Gleason 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 to Low Density Single Family Residential with
Agricultural Mining Overlay 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.
Planning and Zoning Commission
January 18, 2023
Page 9
Roll Call Vote: 1-ayes: Commissioner Davis; 5-Nay: Commissioners Bremer, Rockweiler,
Gleason, Riley and Lehman; 0-abstained; 1-absent: Smale. Motion Denied.
A motion was made by Commissioner Lehman and seconded by Commissioner Bremer 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.
Roll Call Vote: 0-ayes; 6-Nay: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and
Lehman; 0-abstained; 1-absent: Smale. Motion Denied.
A motion was made by Commissioner Bremer and seconded by Commissioner Riley 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.
Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman.
0-nay; 0-abstained; 1-absent: Smale. Motion Carried.
Chairwoman Rockweiler closed File Z-2023-01 at 10:28 p.m.
File No. Z-2023-03
Petitioner: City of McHenry
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
Chairwoman Rockweiler opened the file at 10:30 p.m. Planner Sheriff noted that all public
notice requirements have been met. Mr. Sheriff explained that it would be helpful if the City
updated its ordinances for outdoor storage and permitted uses. For outdoor storage, storage
exceeding six feet can be reviewed by the Zoning Administrator and given the approval or
denial. For conditional uses or permitted uses, the Zoning Administrator can permit certain
aspects based on similar or other permitted uses within the underlying zoning district. For
automotive repair, it would be allowed in C-5 and I-1 zones.
Planning and Zoning Commission
January 18, 2023
Page 10
A motion was made by Commissioner Lehman and seconded by Commissioner Davis to approve
the Zoning Text Amendments as presented in the staff report.
Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman.
0-nay; 0-abstained; 1-absent: Smale. Motion Carried.
Chairwoman Rockweiler closed File Z-2023-03 at 10:34 p.m.
Open Discussion:
The Trio gas station, Arby’s, Wingstop, and Starbucks are waiting on IDOT approval before being
built.
Staff Report: The next meeting date is Wednesday, February 15th. The new comprehensive plan
and downtown plan are in the works. There is a possible update to Venice Avenue. Director
Polerecky explained that the Council has approved a right-of-way study to get access to Route
120 from Green Street through the City’s property. Some of that property is under contract for
purchase. The City can start working with a developer for new downtown developments. The Fire
District is looking to put a station on Route 31 near Shamrock Lane.
Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Davis
to adjourn the meeting at 10:38 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Gleason, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: 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, McHenry Township Fire Protection District (MTFPD), is requesting approval of a Conditional
Use Permit to operate a Fire Station (Conditional Public Use) along with several zoning variations related to
parking lot and building perimeter landscaping, sound ordinance for the operation of a generator, and
driveway width. The property in question is located directly east of the intersection of Shamrock Lane and IL-
31. A signalized intersection is already constructed and would service the site. The City has requested access
easements to accommodate future development that could access the existing intersection for the vacant
parcels to the north and south. Development is primarily occupying the area adjacent to the roadway with a
large portion of the property remaining vacant. The petitioner has indicated a desire to sell the remainder of
the property to a future developer once one is found.
Although the petitioner is requesting a variance from the sound ordinance for the operation of an emergency
generator during power outings, the ordinance exempts emergency generators from the sound ordinance.
Therefore, the sound ordinance variance request is not required.
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 was recently annexed into the City in 2022 as part of a larger 150+ acre pocket
annexation initiative. Currently zoned estate, fire stations are allowed as a conditional use within the estate
zoning district.
The surrounding properties along the east side of IL-31 are vacant zoned estate. To the east of the subject
property is Hillside Subdivision zoned RS-2 Medium Density Single Family Residential. The proposed fire
station is setback approximately 775 feet from the adjoining single-family homes. Given the separation
distance, staff does not anticipate any adverse impacts on the adjoining property owners.
FUTURE LAND USE MAP RECOMMENDATION
The City’s Future Land Use Map recommends office land use for the subject property. Fire stations are allowed
as conditional uses within office districts and is therefore in compliance with the future land use map
recommendation.
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, Objective – “Allow a mixture of land uses in appropriate areas to promote responsible
growth while providing a high quality of life to the residents.” (p. 27)
The nearest fire station to the south portion of McHenry is located in downtown McHenry at the
intersection of IL-120 and N. Richmond Road. A fire station located on the south side of town would
reduce response times. Staff believes the proposed location is appropriate and in support of the
Comprehensive Plan’s Objective of promoting responsible growth.
SITE PLAN REVIEW. Staff site plan comments outlined below.
• Landscaping Ordinance Requirements. The rear parking lot is required to have perimeter landscaping
per the City Landscaping & Screening Ordinance in the areas shown in red. The petitioner is requesting
a variance to allow no landscaping. The petitioner explains in their application that construction
activities may potentially damage the landscaping and would prefer to install landscaping in the future.
A detention pond separates the parking area from the vacant area east of the development site. Staff
is uncertain how future construction activities could potentially impact the subject area if it is
separated by a detention pond. Additionally, the petitioner is requesting a variance to allow no
building perimeter landscaping along the south side of the building. Staff recommends the petitioner
comply with the Landscape Ordinance or be prepared to justify a hardship. The fire department will
also be required to supply a landscape plan with a tree removal and replacement plan prior to issuing a
building permit.
• Driveway Width Variance Request. The petitioner is requesting a variance to accommodate the
proposed 111’ driveway width at the existing intersection. The Subdivision Ordinance allows a
maximum of 12’ per lane of traffic (proposed 14’). Given the type of vehicles accessing the site, staff is
not opposed to the petitioner’s request.
• Signalized Intersection and Future Access Easements. Staff is recommending as a condition of
approval that the petitioner provide a future full access easement to the properties north and south of
the development to access the signalized intersection. The MTFPD has indicated they are supportive of
the City’s request and are working with their engineers and attorney to include a full access easement.
STAFF SUMMARY ANALYSIS
• Staff believes the Comprehensive Plan is supportive of the request for a fire station on the south side
of McHenry.
• The emergency generators are exempt from the sound ordinance. Staff recommends the petitioner
withdraw their request.
• Staff have included conditions of approval for a full access easement for the property owners to the
north and south of the subject property to be able to access the signalized intersection.
• Staff believes the driveway width variance is a unique circumstance related to the operation of a fire
station and type of vehicles serviced.
• Staff recommends denial of the petitioner’s request for a variance from the City’s building and parking
lot perimeter landscaping and screening requirements.
If the Planning & Zoning Commission agrees with the petitioner’s request, then the following 3 motions are
recommended.
1st MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit to
operate a fire station at the subject property subject to the following condition:
1) The property owner shall record an access easement to the signalized intersection for the property owners
to the north and south of the subject property. Said access easement shall be reviewed and approved at the
discretion of the Zoning Administrator prior to recordation.
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.
Located next to a state highway and on a signalized intersection, staff believes there is adequate
infrastructure to minimize the impact on traffic volumes.
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 the proposed request would generate any environmental nuisance.
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 surrounding properties are vacant with a large setback distance between the single-family home
subdivision to the east of the subject property and the fire station. Staff believes the proposed use
would blend in harmoniously with the surrounding area.
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 City Water and Sanitary Sewer connection is available to the site at the intersection.
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 believes the proposed fire station will help improve 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 a maximum driveway width
and angle that is greater than what is allowed by the City’s Subdivision Control and Development Ordinance as
depicted in the submitted site plan dated February 14, 2023.
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 related to the operation of a fire station.
B. Circumstances Relate to the Property Only.
N/A
C. Not Resulting From Applicant Action.
Although the variance requested is resulting from the applicant’s action, staff believes the special
circumstances of the request is a unique and special circumstance related to the operation of a fire
station.
D. Unnecessary Hardship.
Staff believes if the city enforces the ordinance that it would cause undue hardship onto 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 to operate as a fire station.
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.
3rd Motion: I motion to recommend denial of the petitioner’s request for deviations from the City of McHenry
Landscaping & Screening Ordinance.
AND by making said motion, I agree the petitioner has failed to meet the approval criteria for Zoning
Variances as outlined in the Staff Report
VARIANCE APPROVAL CRITERIA (11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
Staff does not believe the petitioner’s have demonstrated a hardship. There appears to be adequate
space to comply with the City’s Landscaping & Screening Ordinance. Staff believes there is adequate
space to accommodate landscaping in compliance with the City’s Landscaping & Screening Ordinance
without jeopardizing any future related construction activities.
B. Circumstances Relate to the Property Only.
C. Not Resulting From Applicant Action.
D. Unnecessary Hardship.
Staff believes if the city enforces the ordinance it would not cause unnecessary hardship. The petitioner
would still be able to adequately utilize the site for the purpose of operating a fire station.
E. Preserves Rights Conferred By District:
F. Necessary For Use Of Property:
G. Not Alter Local Character:
Staff believes approval of the variance would have a negative impact on local character.
H. Consistent With Title And Plan:
The comprehensive plan recommends working with developers to enhance beautification. Approval of
the request would negatively impact the site aesthetic qualities.
I. Minimum Variance Recommended:
Attachments:
• Petitioner’s Application and attachments
• Receipt of publication of legal notice
Public Hearing Application Packet Page 1 of 11
PUBLIC HEARING REQUIREMENTS
File Number
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street ú McHenry, IL 60050 ú Tel: (815) 363-2170 ú Fax: (815) 363-2173
1. Name of Applicant: McHenry Township Fire Protection District Tel: (815) 385-0075
Address: 3810 W. Elm Street McHenry IL 60050 Fax
Email: horistrudy@fire.mtfpd.org
2. Name of Architect: Studio 222 Architects / Kelly O’Connor Tel: (312) 850-4970 ext 121
(If represented)
Address: 222 S. Morgan Street, Suite 4 , Chicago, IL 60607 Fax
Email: KOconnor@s222arch.com
3. Name of Engineer: J. Condon & Associates, Inc. / Meghan A. Michel Tel: (815) 728-0068
(If represented)
Address: Fax
Email: mmichel@jcondoninc.com
4. Name of Attorney: Prime Law Group, LLC / James G. Militello III Tel: (815) 338-2040 ext 123
(If represented)
Address: 747 S. Eastwood Drive, Woodstock, IL 60098 Fax
Email: jmilitello@primelawgroup.com
5. Common Address or Location of Property
6. PIN#(s) __________________________________________________________________________
7. Requested Action(s) (check all that apply)
Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential)
xx Conditional Use Permit Zoning Text Amendment
xx Zoning Variance (Non-residential) Use Variance
___ Planned Unit Development ___ Subdivision/Plat Development
FORM A
Public Hearing Application Packet Page 2 of 11
NARRATIVE
Provide a brief description of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is
requested. The narrative description may also be included as a separate attachment.
The McHenry Township Fire Protection District (“District”) is proposing a one story, 10,800 +-
square foot satellite fire station on east side of Illinois Route 31 and West Shamrock Lane. The
facility will be designed to support at least three (3) six-staff shifts, with living quarters and it will
house fire/ambulance equipment. In accordance with the City of McHenry Zoning Ordinance, the
District requests a Conditional Use Permit to all the development of a Public Use, as described, on
the property in an area zoned as Estate E. Also requested are zoning variances:
1) A variance to the landscape plan to permit less landscaping which is otherwise required in
the Ordinance, and so noted on the landscape plan attached to this application. For the
Landscape Plan, the District requests variances for the following:
a. 0% landscaping of the rear parking lot perimeter: Due to the uncertainty with how the
eastern portion (rear parking lot) of the site will be developed, the District would prefer to
not install landscaping on the rear parking lot perimeter and thereby requests 0% of the
rear lot parking lot perimeter be landscaped as it could get damaged due to future
construction activities, and that it may be more prudent and cost effective to install
landscaping at a future date.
b. 0% landscaping of south side building perimeter: Similar to the rear parking lot
concerns, due to the uncertainty with how the southern portion of the site will get
developed, the District would prefer to not install landscaping on the south side of the
building and requests 0% landscaping at this time.
2) The District also requests a variance to permit the construction of a driveway that exceeds
the maximum width and angle allowed in the Ordinance. The 111’ driveway width at the
existing right-of-way (r.o.w.) is due to the fact that the layout designed is based on the
future right-of-way and the current IDOT taking in progress on route #31, and when
completed the District will only need 47’ at the right-of-way.
3) The District also requests a variance of the sound ordinance to permit a back-up natural
gas generator on the interior of the building with external intake louvers located on exterior
wall surface and exhaust. The back-up generator is for and during emergency power outage
of the fire station to continue to protect the health, safety or welfare of the public.
Public Hearing Application Packet Page 3 of 11
8. Current Use of Property Vacant Land
9. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive
Zoning Map)
Property is currently zoned Estate District “E”.
10. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map)
North: Estate District - E
South: Estate District - E
East: Medium – Density Single Family Residential - RS-2
West: Local office - O-1, Office Park O-2
11. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
xx 1. Application Fee (amount) $
xx 2. Narrative Description of Request
xx 3. FORM A – Public Hearing Application
4. FORM B – Zoning Map Amendment (Rezoning) Application
xx 5. FORM C – Conditional Use Application
xx 6. FORM D – Zoning Variance Application
7. FORM E – Use Variance Application
7. FORM F – Planned Unit Development Application
7. FORM G – Subdivision/Plat Development Application
xx 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
xx 9. Plat of Survey with Legal Description
xx 10. List of Owners of all Adjoining Properties
xx 11. Public Hearing Notice
12. Sign (Provided by the City)
xx 13. Site Plan
xx 14. Landscape Plan
xx 15. Architectural Rendering of Building Elevations
16. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
Public Hearing Application Packet Page 4 of 11
12. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation’s
officers, directors, and registered agents, or the partnership’s general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
13. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by City Council.
Signature of Applicant(s)
Print Name and Designation of Applicant(s)
McHenry Township Fire Protection District
James G. Militello III
James G. Militello III, its attorney
Prime Law Group, LLC
Public Hearing Application Packet Page 5 of 11
AFFIDAVIT OF COMPLIANCE
WITH PUBLIC NOTICE REQUIREMENTS
(TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED)
The undersigned, being first duly sworn, on oath deposes and states that the attached list of adjoining property
owners have been properly notified via First Class Mail or Certified Mail, and all other public notice requirements
provided in the City of McHenry Zoning Ordinance have been met in connection with the current application
before the City of McHenry.
Filed by:
Cody Sheriff, City Planner of the City of McHenry
For approval of:
See attached notice.
______________________________________ (Applicant’s Signature)
______________________________________ (Applicant’s Name and Address)
______________________________________
Subscribed and sworn to
before me this ___ ______ day
of ___________, 2023.
__________
Notary Public
Public Hearing Application Packet Page 6 of 11
REQUIRED ATTACHMENT:
List of Adjoining Property Owners
Public Hearing Application Packet Page 7 of 11
FORM C File Number
CONDITIONAL USE PERMIT
Planning and Zoning Commission
City of McHenry
333 South Green Street ú McHenry, IL 60050 ú Tel: (815) 363-2170 ú Fax: (815) 363-2173
§11-15-5 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to
the City Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has
been minimized.
Any adverse impact of types or volumes of traffic flow shall not be any different than those
typical in other Estate District – E and other office or residentially zoned areas in the City
of McHenry currently protected by the McHenry Township Fire Protection District and/or
by this type of Public Use facility.
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse
environmental effects of a type or degree not characteristic of permitted uses in the zoning district have
been appropriately controlled.
No 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 shall occur with this Public Use facility other than the following: (a)
Waste Disposal: this Public Use facility shall provide an enclosed trash enclosure for waste
storage until collected by municipal facilities. (b) Noise: Other than noise indicated in the
request for a variance for a backup generator, this Public Use facility shall transmit only
noises characteristic with other similar facilities in the City.
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or man-made character of its
surroundings and with permitted uses in the zoning district. The use will not have undue deleterious
effect on the environmental quality, property values, or neighborhood character existing in the area or
normally associated with permitted uses in the district.
Public Hearing Application Packet Page 8 of 11
This Public Use facility will be designed in a manner to not have undue deleterious effect on
the environmental quality, property values, or neighborhood character existing in the area
or normally associated with permitted uses in the district.
4. Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree disproportionate to
that normally expected of permitted uses in the district, nor generate disproportionate demand for new
services or facilities, in such a way as to place undue burdens upon existing development in the area.
This Public Use facility will not require a disproportionate degree of existing community
facilities or services than what would be 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 burden upon existing development in the area.
5. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors
associated with the use nor of the general public in the vicinity.
This Public Use facility will in no way be detrimental to the Public Safety or Health of the
general public in the vicinity.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use
and its particular location.
It is the District’s intent and goal to provide this Public Use facility in this particular
location in a manner that is in harmony with all other elements of compatibility pertinent to
the Conditional Use.
Public Hearing Application Packet Page 9 of 11
FORM D File Number
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street ú McHenry, IL 60050 ú Tel: (815) 363-2170 ú Fax: (815) 363-2173
§11-19-5 the City of McHenry Zoning Ordinance provides that in recommending approval or conditional
approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written
findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Special Circumstances Not Found Elsewhere
Special circumstances exist that are particular to the property for which the variance is sought and that do
not apply generally to other properties in the same zoning district; and these circumstances are not of so
general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover
them.
The intended use for and development of this property is for a satellite station for the
McHenry Township Fire Protection District. This use should be considered unique to this
specific zoning district and of special circumstance particular to this property. These
circumstances are not of so general or recurrent a nature as to make it reasonably practical
to provide a general regulation to cover them.
2. Circumstances Relate to Property Only
Since a variance will affect the character of its surroundings long after a property changes hands, the
special circumstances referenced herein relate only to the physical character of the land or building(s) for
which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern
any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein,
or to the personal, business or financial circumstances of such owner or tenant or any other party with
interest in the property.
The variance requested is specific to the intended use of this property for a satellite fire
station building and are considered required to allow for the proper and safe use of this
building for this function by the Fire District staff. In addition, it should be understood
that the District’s intent is to maintain this property as currently proposed from here on out
to protect the public safety or welfare.
Public Hearing Application Packet Page 10 of 11
3. Not Resulting from Applicant Action
The special circumstances that are the basis for a variance have not resulted from any act of the applicant
or of any other party with interest in the property.
The special circumstances of the request are the basis for the variance have not resulted
from any act of the applicant or of any other party with interest in the property.
4. Unnecessary Hardship
The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue
hardship upon the applicant, as distinguished from a mere inconvenience.
The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, not just a mere inconvenience, based
on the intended use of the property.
5. Preserves Rights Conferred by District
A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by
other properties in the same zoning district and does not confer a special privilege ordinarily denied to
other properties in the district.
Although the variance can be considered a special privilege ordinarily denied to other
properties in the district, it should be taken into consideration that the intended use is
unique to the zoning district as it is for a Public Use that will maintain the public safety and
welfare of the vicinity.
6. Necessary for Use of Property
The granting of a variance is necessary not because it will increase the applicant’s economic return,
although it may have this effect, but because without a variance the applicant will be deprived of any
reasonable use or enjoyment of the property.
The granting of the variance is necessary because without a variance the applicant will be
deprived of necessary development that would allow for the proper and safe function of the
proposed fire station.
7. Not Alter Local Character
The granting of a variance will not alter the essential character of the locality nor substantially impair
environmental quality, property values, or public safety or welfare in the vicinity.
It is the applicant’s intent to provide this facility in this particular location in a manner that
is harmonious to the essential character of the area without substantial impairment to the
environmental quality or the property values. It should be considered that this facility
might even positively affect the property values and will most definitely impact the public
safety and welfare.
8. Consistent with Zoning Ordinance and Comprehensive Plan
The granting of the variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes in conditions since
their adoption.
Public Hearing Application Packet Page 11 of 11
The granting of the variance should be considered to be in harmony with the general
purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed
in light of any changes or conditions since their adoption, and in consistency with other
similar facilities in the City.
9. Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and
enjoyment of the property.
The variance requested is the minimum required to provide the applicant with reasonable
use of the property for its intended use.
Proof of Ownership
List of Owners of all Abutting Properties
ADJOINING PROPERTY OWNERS
PIQ: 14-02-352-006
McHenry Township Fire Protection District
14-02-352-022
Previously
14-02-352-005
George L. and Lydia S, Stankevych
3711 Lee Street
McHenry, IL 60050
14-02-352-025
Previously
14-02-352-007
Stephen Gounis
9001 S. Melvina Avenue
Oak Lawn, IL 60453
14-02-376-013 Michael & Maria T. Young
973 Amberwood Place
McHenry, IL 60050
14-02-376-012 Santos L. & Lidia Saenz
965 Amberwood Place
McHenry, IL 60050
14-02-376-011 Mark R. & Sandra H. Groves
957 Amberwood Place
McHenry, IL 60050
14-02-376-010 Gioia, Melissa & Youngberg, Andrew
949 Amberwood Place
McHenry, IL 60050
14-02-376-009 Kristian J. & Laurel S. Rockall
941 Amberwood Place
McHenry, IL 60050
14-03-476-009 Optimar, LLC
C/O William Covaci
P.O. Box 46126
Chicago, IL 60646-0126
14-03-400-055
Previously
14-03-400-033
McHenry County Community College
8900 US Highway 14
Crystal Lake, IL 60014
14-03-476-010 GNS Properties, LLC
C/O Satbir K. Saini
27979 N. Converse Rd.
Island lake, IL 60042
14-02-352-008 Taradash, Randall M. & Mary K.
1922 Blue Pine Dr.
Crystal Lake, IL 60012
14-11-100-001 McHenry State Bank Trust, #1181
C/O Tonyan Real Estate Partnership
1400 S. Route 31
McHenry, IL 60050
14-03-477-001
14-03-477-002
14-03-477-003
14-03-477-004
14-03-477-005
14-03-477-006
14-03-477-007
LSG Group, LLC
C/O George L. & Lydia S. Stankevych
3711 Lee Street
McHenry, IL 60050
Public Hearing Notice
To Be Drafted by Staff, and Sent by Petitioner
Plat of Survey with Legal Description
Legal Description
That part of the West Half of the Southwest Quarter of Section 2, Township 44 North, Range 8,
East of the Third Principal Meridian, described as follows: Beginning at the Southwest corner of
said Section 2 in the center of the public Highway and running thence North, 19.25 degrees East
along the centerline of said Highway, 11 chains and 76 links, more or less, to the Southwest
corner of the piece of land conveyed by James Vose and wife, to Henry Erwin, by Warranty
Deed dated November 3, 1866 and recorded in the Recorder's Office in Book 39 of Deeds, page
469; thence East along the South line of the piece so conveyed to Henry Erwin, 16 chains and 27
links, more or less to the East line of said West Half of the Southwest Quarter; thence South
along said East line,11 chains and 6 links, more or less, to the South line of said Section; thence
West along the South line of said Section, 19 chains and 92 links, more or less, to the Place of
Beginning (excepting therefrom the North 206.39 feet in width thereof and also excepting
therefrom the South 265.9 feet in width thereof), in McHenry County, Illinois.
Overall Site, Grading & Landscape Plan(s)
LOT 24 LOT 26 LOT 27
HILLSIDE SUBDIVISION
IL ROUTE 31
24.7'19.3'27.3'25.0'11.0'85.0'85.3'55.3'44.0'25.0'46.3'110.9'PROP FIRESTATIONMTFPDStation#6 MCHENRY,ILLINOISSTUDIO 222ARCHITECTSSHEET NUMBERSHEET TITLEPROJECT NUMBERQUALITY CONTROLDESIGNERPROJECT MANAGERISSUE DATESCALESTUD-22037-3MAMERGMAM02/14/2023CHICAGO,ILLINOIS5415 BUSINESS PARKWAYRINGWOOD, ILLINOIS 60072815.728.0068IL DESIGN FIRM # 184-006759NO.DATE DESCRIPTION
1"=40'SITE DATA TABLEEXISTINGIMPERVIOUS AREA: 308 SFPERVIOUS AREA: 7.065 ACRESPROPERTY AREA: 7.072 ACRESPROPOSEDIMPERVIOUS AREA: 1.04 ACRESC1.0OVERALL SITE PLAN= EXISTING BITUMINOUS PAVEMENT= PROPOSED BUILDING= PROPOSED PARKING LOT PAVEMENT= B6.12 CURB & GUTTERLEGENDX:\2022\22037\cad\22037-3.dwg, 2/16/2023 8:51:56 AM, DWG To PDF.pc3, 1:1
LOT 23 LOT 26
HILLSIDE SUBDIVISION
IL ROUTE 31SITE BENCHMARK828829830831832833828 829 830 831 832833
828829830831832833828829830831832833 830831832833833834834834 834834834PROP FIRESTATIONMTFPDStation#6 MCHENRY,ILLINOISSTUDIO 222ARCHITECTSSHEET NUMBERSHEET TITLEPROJECT NUMBERQUALITY CONTROLDESIGNERPROJECT MANAGERISSUE DATESCALESTUD-22037-3MAMERGMAM02/14/2023CHICAGO,ILLINOIS5415 BUSINESS PARKWAYRINGWOOD, ILLINOIS 60072815.728.0068IL DESIGN FIRM # 184-006759NO.DATE DESCRIPTION
1"=50'C2.0GRADING PLAN1"=40'X:\2022\22037\cad\22037-3.dwg, 2/16/2023 8:53:50 AM, DWG To PDF.pc3, 1:1
PROPOSED FPDSTATION #610,801 SFTRASHPROJECT NUMBER:2202901.24.23McHENRY FIRE PROTECTION DISTRICT STATION #61004 S. ILLINOIS STATE ROUTE #31, McHENRY, IL 600501
Architectural rendering of Building Elevations
PROJECT NUMBER:2202901.18.23McHENRY FIRE PROTECTION DISTRICT STATION #61004 S. ILLINOIS STATE ROUTE #31, McHENRY, IL 600502
Traffic and School Impact Analysis
n/a
3814
3812
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 City of McHenry is seeking approval of a Zoning Map Amendment from C-4 Downtown Commercial
District to RS-4 High Density Single-Family Residential District (3814 W. Main Street), and RA-1 Attached
Residential District (3812 W. Main Street). The request was initiated by the City on behalf of both property
owners.
The City was approached by the property owners of 3814 W. Main Street for the purpose of constructing a
new addition to the existing single-family residence. The subject property had operated as a photography
studio with a single-family residence for a number of years. Staff informed the property owner that the C-4
Downtown Commercial District does not allow stand-alone single-family residential buildings unless the first
floor operated entirely as a commercial use. The property located at 3812 W. Main Street was also in a similar
circumstance with an existing 2-flat residential building but zoned C-4 Downtown Commercial. City water
billing records indicate there have been at least 2 dwellings in the structure since 2012 – the farthest City
water billing records can go back.
Staff believes the former photography studio was somewhat zoned appropriately but changing market
conditions as well as changes in the zoning ordinance have allowed individuals to have their own in-home
studios without the need for an independent office. The 2-flat residential building may have been
inadvertently zoned C-4 Downtown Commercial since it was bordering other commercial zoned properties in
1985. It’s difficult to discern in exact detail on older zoning maps what properties were zoned if a property was
bordering a different zoning district.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Zoning Map Amendments, listed in §11-5-5 of the
City of McHenry Zoning Ordinance.
STAFF ANALYSIS
CURRENT LAND USE & ZONING
The photography studio at 3814 W. Main Street is currently operating as a single-family residence zoned C-4
Downtown Commercial. Staff does not know when the photography studio ceased operating. A residential
dwelling is only allowed when the first floor of the structure is occupied as commercial. That being said, staff
does not believe the structure would have been in compliance with today’s ordinance even if the photography
studio was continuing to operate. The 2-flat at 3812 W. Main Street is zoned C-4 Downtown Commercial. Staff
could not verify when the structure was converted or if originally was constructed as a 2-unit dwelling. City
Water Billing Records are limited but indicate it dates back to at least 2012. The property owners have
indicated that when they purchased the property in 2005, it had been operating as a 2-unit dwelling.
The surrounding land use and zoning is a mix of nonconforming multifamily residential, single family, single-
family attached, and commercial. The property to the west and south is zoned C-4 Downtown Commercial
with what appears to be primarily nonconforming multifamily residential land use. The property north of the
subject properties is zoned C-5 Highway Commercial with a veterinarian’s office. The property to the east is
zoned RA-1 Attached Residential District and RS-4 High Density Single Family Residential. Rezoning both
properties from commercial to residential would eliminate many intense commercial uses from utilizing the
property. Staff does not believe residential zoning would have any adverse impacts on the adjoining property
owners given the longevity of the properties operating as residential nor would the RA-1 zoning be out of
character with the adjoining neighborhood on Waukegan Road zoned RA-1.
FUTURE LAND USE MAP RECOMMENDATION
The City’s Future Land Use Map recommends commercial land use but borders other medium-density land use
areas. The request is somewhat consistent with the future land use within the area.
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, Objective – “Promote development that blends with existing development in the area
especially if located within a unique sub-area.” (p. 29)
Staff believes the requested zoning for RS-4 and RA-1 is consistent with the property zoned RA-1 directly
northeast of the subject property and property zoned RS-4 to the southeast and is therefore in
conformance with the Comprehensive Plan’s objective.
STAFF SUMMARY ANALYSIS
• The property at 3814 W. Main Street was formerly a photography studio with a residential dwelling.
The property at 3812 W. Main Street has operated as a 2-unit dwelling since at least 2012, but most
likely longer due to limitations of City water billing records. The use of the properties would not change
as part of the rezoning.
• Staff believes the 2-flat at 3812 W. Main Street may have inadvertently been rezoned from residential
to commercial as part of the adoption of the 1986 Zoning Ordinance due to the limitations of older
zoning district maps.
• Both RA-1 Attached Residential Districts and RS-4 High Density Single Family Residential Districts allow
significantly less uses than the current C-4 Downtown Commercial District zoning. Staff does not
anticipate the rezoning would cause any adverse impacts on the adjoining property owners.
If the Planning & Zoning Commission agrees with the City’s request, then the following motion is
recommended.
MOTION: I motion to recommend approval of the City’s request for a zoning map amendments from C-4
Downtown Commercial District to RS-4 High-Density Single-Family Residential District for 3814 W. Main Street
and RA-1 Attached Residential District for 3812 W. Main Street.
AND by making said motion, I agree with staff’s assessment that the approval criteria for Zoning Map
Amendments have been met as outlined in the staff report.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Compatible With Use or Zoning Of Environments. The proposed use(s) or the uses permitted under the
proposed zoning classification are compatible with existing uses or existing zoning of property in the
environs.
The surrounding property consists of both RA-1 Attached Residential to the north and RS-4 High Density
Single Family Residential to the southeast. Staff believes the proposed uses allowed in RS-4 and RA-1
are more compatible with the surrounding properties than the existing C-4 Downtown Commercial
Zoning Designation.
B. Supported By Trend Of Development: The trend of development in the general area since the original
zoning of the affected property was established supports the proposed use or zoning classification.
The surrounding zoning consists of both RA-1 Attached Residential District and RS-4 High Density Single
Family Residential. Staff believes the proposed rezoning to RA-1 and RS-4 would be supported by the
trend of development within the area.
C. Consistent With Comprehensive Plan Objectives: The proposed use or zoning classification is in
harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed
conditions since the adoption of the plan.
The request is somewhat consistent with the Comprehensive Plan Future Land Use Map
recommendation for medium density within the area. But not entirely consistent with the commercial
designation.
D. Furthers Public Interest: The proposed use or zoning classification promotes the public interest and not
solely the interest of the applicant.
Staff believes there is a public interest served by rezoning said properties to bring them into
conformance with the currently adopted Zoning Ordinance.
Attachments:
• Petitioner’s Application and attachments
• Receipt of publication of legal notice
Public Hearing Application Packet Page 5 of 22
File Number
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
1. Name of Applicant: City of McHenry Tel 815-363-2181
Address 333 S. Green Street.
Email _CSheriff@cityofmchenry.org
2. Name of Property Owner Tel
(If other than Applicant)
Address Fax
Email ______________________________________________________
3. Name of Engineer Tel
(If represented)
Address Fax
Email ______________________________________________________
4. Name of Attorney Tel
(If represented)
Address Fax
Email______________________________________________________
5. Common Address or Location of Property: 3812 & 3814 W. Main Street
6. PIN#(s) 09-26-381-012, and 09-26-381-013__
7. Requested Action(s) (check all that apply)
X Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential)
Conditional Use Permit Zoning Text Amendment
Zoning Variance (Non-residential) Use Variance
___ Planned Unit Development ___ Subdivision/P lat Development
FORM A
Public Hearing Application Packet Page 6 of 22
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 narrative description may also be included as a separate attachment.
The City of McHenry is seeking approval of a Zoning Map Amendment from C-4 Downtown
Commercial District to RS-4 High Density Single-Family Residential District (3814 W. Main Street),
and RA-1 Attached Residential District (3812 W. Main Street). The request was initiated on behalf of
both property owners.
The City was approached by the property owners of 3814 W. Main Street for the purpose of
proposing a new addition to the existing single-family residence. Staff informed the owner of the
existing zoning would require a variance since single-family residential is not an allowable use in the
C-4 Downtown Commercial District. The property located at 3812 W Main Street was also in a
similar circumstance with an existing 2 -flat residential building but zoned C-4 Downtown
Commercial. Staff offered on behalf of both property owners to seek a zoning map amendment to
correct these discrepancies. Approval of the request would allow the owner of 3814 W. Main Street to
continue with the planned addition on the single-family residence and prevent any legal complications
in the future for both property owners should they decide to sell their property.
Public Hearing Application Packet Page 7 of 22
8. Current Use of Property 3814 W. Main Street – Single Family; 3812 W. Main Street – 2-flat
9. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive
Zoning Map)
C-4 Downtown Commercial District
10. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map)
North: C-5 Highway Commercial District
South: C-4 Downtown Commercial District
East: RS-4 Single Family and RA-1 Attached Residential
West: C-4 Downtown Commercial District
11. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1. Application Fee (amount) $
2. Narrative Description of Request
3. FORM A – Public Hearing Application
4. FORM B – Zoning Map Amendment (Rezoning) Application
5. FORM C – Conditional Use Application
6. FORM D – Zoning Variance Application
7. FORM E – Use Variance Application
7. FORM F – Planned Unit Development Application
7. FORM G – Subdivision/Plat Development Application
8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
9. Plat of Survey with Legal Description
10. List of Owners of all Adjoining Properties
11. Public Hearing Notice
12. Sign (Provided by the City)
13. Site Plan
14. Landscape Plan
15. Architectural Rendering of Building Elevations
16. Performance Standards Certification
17. Traffic Analysis
18. School Impact Analysis
Public Hearing Application Packet Page 8 of 22
12. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation’s
officers, directors, and registered agents, or the partnership’s general partners and those shareholders
or limited partners owni ng in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
13. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by City Council.
Signature of Applicant(s)
Print Name and Designation of Applicant(s)
Cody Sheriff, City Planner
Public Hearing Application Packet Page 9 of 22
AFFIDAVIT OF COMPLIANCE
WITH PUBLIC NOTICE REQUIREMENTS
(TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED)
The undersigned, being first duly sworn, on oath deposes and states that the attached list of adjoining property
owners have been properly notified via First Class Mail or Certified Mail, and all other public notice requirements
provided in the City of McHenry Zoning Ordinance have been met in connection with the current application
before the City of McHenry.
Filed by:
_________________________________________________________
For approval of:
See attached notice.
______________________________________ (Applicant’s Signature)
______________________________________ (Applicant’s Name and Address)
______________________________________
Subscribed and sworn to
before me this ___ ______ day
of ___________, 2023.
__________
Notary Public
REQUIRED ATTACHMENT: List of Adjoining Property Owners & Legal Notice Publication
Public Hearing Application Packet Page 10 of 22
FORM B File Number
ZONING MAP AMENDMENT (REZONING)
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
§11-5-5 of the City of McHenry Zoning Ordinance provides that in recommending approval of a Zoning
Map Amendment (Rezoning), the Planning and Zoning Commission shall transmit to the City Council
written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1. Compatible with Use or Zoning of Environs
The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with
existing uses or existing zoning of property in the environs.
Both properties are surrounded by a mix of single-family zoning and attached residential zoning.
Therefore the proposed RA-1 Attached Residential District and RS-4 High Density Single Family
Residential District zoning are compatible with the existing zoning classifications.
2. Supported by Trend of Development
The trend of development in the general area since the original zoning of the affected property was
established supports the proposed use(s) or zoning classification.
Neighboring residential property is zoned RA-1 and RS-4 and therefore the request is consistent with the
trend in the area.
3. Consistent with Comprehensive Plan Objectives
The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan
of the City as viewed in light of any changed conditions since the adoption of the Plan.
4. Furthers Public Interest
The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the
applicant.
Copyright County of McHenry 2023.All information is provided 'as-is' with noguarantee of accuracy, completeness, or currency.Page 1 of 1
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
AGENDA SUPPLEMENT
TO: Planning & Zoning Commission
FOR: March 15, 2023
FROM: Cody Sheriff, City Planner
RE: Z-2023-07 Text Amendments to the City of McHenry Off Street Parking and
Loading Ordinance
AGENDA ITEM SUMMARY:
City Staff are requesting approval of minor text amendments to the City’s Parking Ordinance
regarding bars/taverns. The requested text amendments would eliminate the 10 spaces per
1,000 SF standard and replace with the recently adopted restaurant standard which is 4 spaces
per 1,000 SF or 1 per every 4 seats, whichever is greater.
ANALYSIS:
The City of Crystal Lake maintains similar parking requirements as McHenry for standalone
bars/taverns requiring 10 spaces per 1,000 SF or 1 space per every 3 seats whichever is greater.
Woodstock requires 1 space per every 3 seats. Staff had indicated in prior zoning requests (Lucky
Poker) that it planned on updating the City’s Parking Ordinance to make it more in-line with the
City’s adopted restaurant standard. Staff is requesting approval of text amendments to allow
bars/taverns 4 spaces per 1,000 SF or 1 per every 4 seats which ever is greater.
RECOMMENDED MOTION:
Motion to recommend approval of text amendments to the City of McHenry Zoning Ordinance
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
1
Draft Text Amendments:
Minimum Number of Required Spaces
Per Employee
at Largest
Shift
Per 1,000
Square Feet Net
Floor Area
Per Person Design
Capacity of Facility
Tavern -
10 4 per 1,000
SF or 1 per every
4 seats,
whichever is
greater
-