HomeMy WebLinkAboutPacket - 9/20/2023 - 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, September 20, 2023
TIME: 5:30 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: August 16, 2023
5. Public Input – (five minutes total on non-agenda items only)
6. Z-2023-15 – Request for a Use Variance to allow an expansion of the existing footprint of the Battery
Storage Facility by approximately 20 feet east, and 9 feet south, for an overall footprint of 24,123
square feet on the property commonly known as 302 N. Front Street. Petitioner: McHenry Battery
Storage LLC of 132 N York St, Suite 3L, Elmhurst, IL 60126
7. Z-2023-16 – Request for a Conditional Use Permit for the operation of an Assembly Use to
accommodate Youth and Family Center of McHenry County at the property commonly known as
1007-1011 N Green Street. Petitioner: Youth and Family Center of McHenry County of 1011 N Green
Street, McHenry IL 60050
8. Open Discussion
9. Staff Report: Next Meeting Date: October 18, 2023 @ 5:30PM
10. Adjourn
City of McHenry
Planning and Zoning Commission Minutes
August 16, 2023
Chairwoman Rockweiler called the August 16, 2023, regular meeting of the City of McHenry
Planning and Zoning Commission to order at 5:30 p.m. In attendance were the following:
Commissioners Bremer, Riley, Locke, Rockweiler, Lehman, and Gleason. Absent was
Commissioner Davis. 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 Lehman to
approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Riley, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Davis. Motion Carried.
Approval of Minutes:
Approval of the May 17, 2023, regular meeting minutes as presented. A motion was made
by Commissioner Lehman and seconded by Commissioner Bremer for approval as presented.
Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Riley, Locke, Gleason, and Lehman. 0-
nay; 0-abstained; 1-absent: Davis. Motion Carried.
Public Input
No members of the public offered any public input.
File No. Z-2023-13
Petitioner: Redwood USA, LLC., of 7007 East Pleasant Valley Road, Independence, Ohio
Zoning Map Amendment to RM-1 Low Density Multi-Family Residential District, Preliminary Plat of
Subdivision, and Conditional Use Permit for a 180-Unit Townhome Preliminary Planned Unit
Development on a 27.52-acre property located near the southeast corner of the intersection of IL-120
and Chapel Hill Road and commonly known as 2011 W IL Route 120
Chairwoman Rockweiler opened the file at 5:32 p.m. Planner Sheriff explained that the
petitioner has meet all public notice requirements. The petitioners have been to a City
Council meeting to show this as a conceptual presentation. Council had no concerns at the
time. Absence of park space was a small concern, but given that a large percentage of the
expected residents would be seniors, Council did not object to the proposal. Paul DeKruiff
from Redwood shoed the proposal on the screens. They showed the eight core values of
Redwood. He explained that they build single-story townhomes for rent. They are two
bedroom, two bathroom units that are handicap accessible. They currently have over 150
sites with about 16,000 homes and over 600 employees. They offer a high level of service
Planning and Zoning Commission
May 17, 2023
Page 2
for empty nesters and young professionals who want a neighborhood feel without the need
to worry about maintenance.
Commissioner Bremer asked about a transportation study or stop light requirements. Mr.
DeKruiff explained that they have already been working with IDOT and McDOT on
transportation requirements. There would be a right-in and right-out only on Chapel Hill
Road. IDOT has been working with them to obtain full access at Route 120. The traffic study
has already been completed.
Chairwoman Rockweiler opened the public hearing at 5:53 p.m. With nobody wanting to
speak, she closed the public hearing at 5:53 p.m. Commissioner Locke believes that this is a
unique concept and should work well for the targeted demographic. He already spoke with
Planner Sheriff and Director Polerecky about his concerns, and he is in favor of the
development. All other Commissioners were in agreement that this is a good project and
had few concerns.
A motion was made by Commissioner Bremer and seconded by Commissioner Riley to
recommend approval of the petitioner’s request for a Zoning Map Amendment upon
annexation to RM-1 Low Density Multi-Family Residential District for the Subject Property,
and by making said motion, agree that the approval criteria for Zoning Map Amendments
have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer,
Rockweiler, Riley, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Davis. Motion
Carried.
A motion was made by Commissioner Lehman and seconded by Commissioner Bremer to
recommend approval of the petitioner’s request for preliminary plan approval for a
conditional use permit to allow a 180-unit, Townhome, Preliminary Unit Development
1. All Development on site shall be in substantial conformance with the submitted plans.
2. The Property Owner shall work with the City of McHenry, Illinois Department of
Transportation, and McHenry County Division of Transportation to resolve any access
conflicts.
3. Any changes to the approved plans resulting from recommendations by the Illinois
Department of Transportation or McHenry County Division of Transportation shall be
reviewed and approved at the discretion of the Zoning Administrator.
And by making said motion, I agree that the standards for Planned Unit Developments
and approval criteria for Conditional Uses have been met as outlined in the staff report.
Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Riley, Locke, Gleason, and
Lehman. 0-nay; 0-abstained; 1-absent: Davis. Motion Carried.
A motion was made by Commissioner Gleason and seconded by Commissioner Lehman
to recommend approval of the petitioner’s request for a Preliminary Plat of Subdivision
Planning and Zoning Commission
May 17, 2023
Page 3
titled Redwood of McHenry. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler,
Riley, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Davis. Motion Carried.
Chairwoman Rockweiler closed file Z-2023-13 at 5:58 p.m.
Open Discussion:
All members of the Commission agreed that the 5:30 meeting time was well liked. Chairwoman
Rockweiler asked about the development of the whiskey bar near Ace Hardware. Director
Polerecky explained that he is not sure if that development will be going forward or not.
Commissioner Bremer asked about the new restaurant on Green Street, and Director Polerecky
explained that there is a staffing issue and problems with products on backorder. He also
explained that the Courthouse is still moving forward. Panera is moving along at a quick rate, and
Arby’s and Trio are still waiting on IDOT approval.
Staff Report: The next meeting date is Wednesday, September 20th, at 5:30 p.m. Planner Sheriff
stated that comprehensive planning is moving along. Consultants will be around town getting
public input. Eventually there will be a joint City Council and Planning & Zoning meeting. There
are a lot of engagement opportunities for residents. The next meeting will have a battery facility
coming forward from Route 31. They plan to expand the sight slightly. The cannabis dispensary
is currently being remodeled. The Fox Meadows apartments is currently under construction and
Authentix is basically finished.
Adjourn: A motion was made by Commissioner Lehman and seconded by Commissioner
Bremer to adjourn the meeting at 6:09 p.m. Voice Vote: 6-ayes: Commissioners Bremer,
Rockweiler, Riley, Locke, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Davis. 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 Battery Storage LLC., is seeking the following zoning approval(s):
• Use Variance to allow an expansion of the existing footprint of the Battery Storage Facility by
approximately 20 feet east, and 9 feet south, for an overall footprint of 24,123 square feet.
The subject property was approved for the operation of a battery storage facility in 2014 by City Council. The
site operated for several years but encountered technical complications and the battery units have remained
out of service. The new battery units are somewhat wider than the original units and therefore required
additional spacing. The petitioner is proposing to expand the existing battery storage facility by approximately
20 feet east, and 9 feet south, for an overall footprint of 24,123 square feet. The eastern-most unit is
approximately 139.45 feet away from the property line of the nearest single-family residence. The petitioner is
proposing to screen the units from view with canopy-canopy, 6-foot-tall evergreen trees. Overall, staff does
not anticipate any adverse impacts resulting from the requested expansion.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Use Variances listed in §11-19-6 of the City of
McHenry Zoning Ordinance.
STAFF ANALYSIS
FUTURE LAND USE MAP RECOMMENDATION
The proposed use of the site as a battery storage facility is not in compliance with the Future Land Use Map’s
recommendation for office space.
CURRENT LAND USE & ZONING
The subject property is currently zoned O-2 Office Park District. The purpose of this district is intended to
provide locations on larger sites for large office buildings and planned office park developments, including
office related retail and service uses. Battery Storage and similar uses are not allowed within this zoning
district and therefore requires a Use Variance to operate.
The surrounding property primarily consists of commercial offices to the north and Medium High Density
Single Family Residential to the east. The primary concern is how the property will integrate aesthetically with
the adjoining single-family homes. The submitted landscape plan includes 6-feet-tall (at planting), canopy-
canopy, evergreen screening which should effectively screen the units from view. The originally approved Use
Variance required the property owner to also paint the units earth-tone colors. Staff have incorporated these
items into conditions of approval. The landscape screening combined with the earth-tone paint requirement
should effectively mitigate any negative aesthetic impacts.
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)
Overall, staff believes the proposed development is consistent with providing a mixture of land uses in
appropriate areas to promote high quality growth and development. The proposed battery storage
units would provide a service to the residents of McHenry by providing energy storage to support the
grid in times of high-demand energy usage.
• Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect
residential or open space uses.” (p. 27)
Staff believes approval of the request for a battery storage facility would generate fewer negative
externalities for the adjoining single family residential homes than other intense office uses currently
allowed within the O-2 Office Park District. Therefore, staff believes approval of the request would be
supportive of locating intense commercial and office uses where they would not negatively affect
residential or open space uses.
• Growth, Policy – “Encourage responsible, orderly growth in the City by assisting property owners with
annexation, supporting development plans and promoting redevelopment.” (p. 28)
Although it is difficult to quantify exactly how much benefit is received from having redundant private
utility services, staff believes approval of the request would promote supporting development plans.
STAFF SUMMARY ANALYSIS
• The site was originally approved for a battery storage facility in 2014.
• The petitioner is proposing an expansion of the footprint of the battery storage facility by
approximately 20 feet east, and 9 feet south.
• Given the approximate 140-foot separation distance from the adjoining single-family residences, and
the landscape screening, staff does not anticipate any adverse impacts on the adjoining property
owners.
• Staff have included conditions of approval that would require the petitioner to develop and maintain
the site in conformance with the submitted landscape plan and to paint the individual units earth-tone
colors.
• The site is currently zoned O-2 Office Park district with the adjoining properties primarily consisting of
single-family residential and health offices. O-2 Office Park District allows more intense office
developments to locate on site. Battery storage facilities require fewer employees and are a less
intense use than office developments. Staff believes the proposed development is consistent with the
Comprehensive Plan’s recommendation to not locate intense Office Uses next to adjoining residential.
If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is
recommended:
MOTION: I motion to recommend approval of the petitioner’s request for a Use Variance to allow an
expansion of the existing footprint of the Battery Storage Facility by approximately 20 feet east, and 9 feet
south, for an overall footprint of 24,123 square feet subject to the following conditions:
1. All development on site shall be in substantial conformance with the submitted plans.
2. All containers located within the fenced-in area shall be painted an earth-tone color.
AND
By making said motion, you agree that the approval criteria for Use Variances have been met as outlined in
the staff report.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below.
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title relating to the use of the buildings or structures, or the use of
the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from
mere inconvenience.
Staff believes the strict application of the provisions of the Zoning Ordinance would result in an
unnecessary and undue hardship given the longevity of the use of the site as a battery storage facility
for 10 years.
B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
N/A
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
Staff does believe the request is under special circumstances uniquely for this property because the
property has operated for ten years as a battery storage facility. The Comprehensive Plan recommends
not locating intense office-uses next to adjoining single-family residential. Therefore, a battery-storage
facility would require fewer employees and have less of an impact than an office development.
D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the
locality, nor substantially impair environmental quality, property values or public safety or welfare in
the vicinity.
Staff does not believe approval of the request will generate any adverse impacts on the surrounding
area. Already approved for a battery storage facility, the requested expansion is to accommodate the
new battery technology. Staff believes redundant services such as battery storage facilities do provide a
public benefit by providing emergency supplementation to the energy-grid.
E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
Staff believes the overall request is consistent with the Title and Comprehensive Plan of not placing
intense office uses next to residential. The proposed battery storage facility would have fewer
employees in comparison to a more intense office-oriented use.
Attachments: 1) Petitioner’s Application and attachments. 2) 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 Tel
Address Fax
Email ______________________________________________________
2. Name of Property Owner Tel
(If other than Applicant)
Address Fax
Email ______________________________________________________
3. Name of Engineer Tel
(If represented)
Address Fax
Email ______________________________________________________
4. Name of Attorney Tel
(If represented)
Address Fax
Email______________________________________________________
5. Common Address or Location of Property
6. PIN#(s) __________________________________________________________________________
7. Requested Action(s) (check all that apply)
Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential)
Conditional Use Permit Zoning Text Amendment
Zoning Variance (Non-residential) Use Variance
___ Planned Unit Development ___ Subdivision/P lat Development
FORM A
132 N York St, Suite 3L, Elmhurst, IL 60126
McHenry Battery Storage LLC 508-221-7957
phart@cordeliopower.com
Landmark Dividend 310-361-5764
400 Continental Blvd, Suite 500, El Segundo, CA 90245
kfox@landmarkdividend.com
302 Front St, McHenry, IL 60050
09-35-352-027
X
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 energy storage facility at 302 Front St, McHenry, IL 60050 was built in 2015 and was recently acquired by
Cordelio Power. The company intends to expand the site approximately twenty feet (20') to the east, and nine
feet (9') to the south to accommodate updated battery technology to increase the project's effectiveness in its
support of the electrical grid. The existing special use variance permit limits the project to its existing footprint,
and as such a modification to the existing project permit is required to facilitate the project upgrade.
McHenry Battery Storage LLC, a wholly-owned subsidiary of Cordelio Power LLC, acquired the energy
storage facility at 302 Front St, McHenry, IL 60050 and now intends to upgrade the facility. Since its
construction in 2015 and operation under Special Use Variant Permit, Ordinance No. ORD-14-1672, the
McHenry Battery Storage Project (the “Project”) has played a strong role in stabilizing the electrical grid in
McHenry and the surrounding region, making the supply of electricity more resilient and more efficient. Since
its construction in 2015, the Project has paid more than $320,000 in local taxes which have supported
McHenry's schools, roads, and other infrastructure.
McHenry Battery Storage LLC seeks to upgrade the Project’s original technology in order to optimize the
facility's response time to grid signals, increase the energy efficiency on site, and add best-in-industry safety
protections. The new technology employs containers that are slightly wider than the original, and there would
be a modest increase in spacing between containers. For clarity, the upgrade would not increase the electrical
output, change the hours of operation nor the overall look or function of the Project.
The planned upgrade would expand the site perimeter by approximately twenty feet (20') to the east, and nine
feet (9') to the south, for an overall footprint 24,123 square feet.
With this application, McHenry Battery Storage LLC requests a modification to the Special Use Variant
Permit, Ordinance No. ORD-14-1672, to reflect this change in the Project footprint to 24,123 square feet.
Public Hearing Application Packet Page 7 of 22
8. Current Use of Property
10. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map)
North:
South:
East:
West:
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
7he property is currently used as an energy storage facility. 7his application proposes no change to the
current use.
9.Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive
Zoning Map)
2-2 2ffice Park
C-3 Community Commercial and 5S-3 Medium-High Density Single Family 5esidential
5S-3 Medium-High Density Single Family 5esidential
5S-3 Medium-High Density Single Family 5esidential
5S-3 Medium-High Density Single Family 5esidential
X
X
X
X
X
X
X
X
X
X
X
950
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)
Daniel - Foley
McHenry Battery Storage LLC, a suEsidiary of Cordelio Power LLC
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.
Subscribed and sworn to
before me this ___ ______ day
of ___________, 2023.
__________
Notary Public
REQUIRED ATTACHMENT: List of Adjoining Property Owners & Legal Notice Publication
McHenry Battery Storage LLC͕ Ă ƐƵďƐidiĂrLJ oĨ Cordelio Woǁer LLC
______________________________________ (Applicant’s Signature)
Daniel J Foley, McHenry Battery Storage LLC (Applicant’s Name and Address)
_ 13Ϯ _____E __zorŬ _ ^___ƚ͕ ^_ Ƶi___________ƚe 3L͕ lŵŚƵrƐƚ͕ /L ϲ________Ϭ_1Ϯ__ϲ__
Public Hearing Application Packet Page 16 of 22
FORM E File Number
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
§11-19-6 of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City
Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1.Practical Difficulties or Particular Hardship
The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or
structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as
distinguished from a mere inconvenience.
Special circumstances exist that are peculiar to the property for which the use variance is sought which do
not apply generally to other properties in the same zoning district.
2.Reasonable Return
The property cannot yield a reasonable return if permitted to be used only under the conditions allowed
by the Zoning Ordinance for the pertinent zoning district.
3. Unique Circumstance
7he proMect will maintain its function from when it was granted its original special use variance permit.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
The original Special Use Permit # ORD-14-1672, unfortunately did not foresee that future generations of
battery energy storage equipment may have slightly larger dimensions or require additional clearance
between containers to meet safety regulations. These upgrades are necessary for the Project to maintain
pace with current technology, remain cost-competitive, and meet all applicable safety regulations. If
requested change to the SUP Variance permit # ORD-14-1672, is not approved, the Project will be unable
to continue to operate at its rated capacity, potentially rendering the project uneconomic.
The Project’s nameplate capacity is 20 MW, and it must maintain this capacity in order to remain economically
viable. If the Project cannot expand its footprint to support this technology upgrade, the Project would be forced to
reduce the number of energy storage containers on site, and this in turn would reduce its nameplate capacity and
benefit to the surrounding electrical grid. The capacity reduction directly leads to revenue loss that may impair the
Project’s ability to meet lender and investor obligations.
Public Hearing Application Packet Page 17 of 22
4.Not Alter Local Character
5.Consistent with Comprehensive Plan
The granting of the use variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their
adoption.
The granting of the use variance will not alter the essential character of the locality nor substantially
impair environmental quality, property values, or public safety or welfare in the vicinity.
The granting of the modification to the existing use variance will not alter the site's nature or character.
The modification to the footprint of the site will not substantially impair environmental quality, property
values, or public safety or welfare in the vicinity. The site will remain as an energy storage facility, with
minor footprint modifications required to accommodate the dimensions of the updated battery
technology and current regulations for container spacing.
The site had previously been granted special use variance for its current purpose. This request for a
modification to the existing permit is due to the necessary expansion of the site to the east and south to
allow for updated battery technology and current safety regulations. The granting of this modification to
the existing use variance will be in harmony with the general purpose and intent of the Zoning Ordnance
and Comprehensive Plan of the City.
5 P-A
6 P-G
5 P-O
5 P-A
6 P-G
6 P-O
5 P-A
4 P-G
MCHENRY BATTERY STORAGE SITE302 N. FRONT ST - MCHENRY COUNTY -CEMCON, LTD. 2280 WHITE OAK CIRCLE, SUITE 100, AURORA, IL 60502H:\2023\231811\DWG\SHEETS\L_231811 - CD - LANDSCAPE PLAN.DWG - L-1 - 8/9/2023 2:27:11 PM - RICHARD WASHINGTON NOREVISIONDATEDRAWING NAME
SHEET OF
PROJECT NO:
231811DRAWN BY:CHECKED BY:DESIGNED BY:DATE:08/09/23SCALE:AS SHOWNRWCZRW1
L-1. . .1 SITE LANDSCAPE PLANBAR SCALE
SCALE: 1"=
0'20'10'20'
20'
N
TREE PLANTING DETAIL
NOTES:
1.CROWN OF ROOT BALL TO BEAR THE SAME RELATION TO FINISH
GRADE WHICH IT WAS GROWN AT THE NURSERY.
2.DO NOT DAMAGE ROOTS OR DESTROY ROOT BALL WHEN
INSTALLING TREE STAKES.
3.REMOVE TREE RINGS, TREE WRAP AND STAKES 1 YEAR AFTER
INSTALLATION. NOTIFY OWNER PRIOR TO REMOVAL.
PLANT MIX,
TAMPED IN LAYERS
2-3 TIMES DIA.
OF ROOT BALL
THIN BRANCHES BY 1/3
RETAINING NORMAL
PLANT SHAPE
3" MIN. SHREDDED
HARDWOOD MULCH
REMOVE BURLAP, ROPE
AND WIRE FROM BALL
TOP AND SIDES
2-1/4" X 2-1/4" X 8'
HARDWOOD STAKE:
·2 PER SHADE TREE
·1 PER ORNAMENTAL
·3 PER EVERGREEN
#12 GAUGE DOUBLE
TWISTED WIRE
BLACK RUBBER HOSE
AROUND TREE
4" HIGH SAUCER
AROUND PIT PERIMETER5'-0"3'-0"BASE OF PIT ON
UNDISTURBED SOIL
TREE
WRAP
SCALE: NONE
QTY KEY BOTANICAL NAME COMMON NAME SIZE NOTES
15 P-A PICEA ABIES NORWAY SPRUCE 6' HT B&B
16 P-G PICEA GLAUCA WHITE SPRUCE 6' HT B&B
11 P-O PICEA OMORIKA SERBIAN SPRUCE 6' HT B&B
1)ALL DISTURBED AREAS SHALL BE SEEDED PER PLAN.
2)ALL LAWN, TREE AND PLANT INSTALLATION SHALL BE PERFORMED BY A FIRM
SPECIALIZING IN LANDSCAPE WORK.
3)THE CONTRACTOR MUST DETERMINE THE LOCATION OF ALL EXISTING AND NEW
UNDERGROUND UTILITIES AND THEIR EASEMENTS AND PERFORM WORK IN A MANNER
THAT WILL AVOID DAMAGE OF UTILITIES. HAND EXCAVATE, AS REQUIRED.
4)THE CONTRACTOR SHALL PROTECT EXISTING TREES AND PLANTS NOT DESIGNATED
FOR REMOVAL. ANY TREE OR PLANT, INCLUDING ROOTS, DAMAGED BY
CONSTRUCTION SHALL BE REPLACED BY THE CONTRACTOR WITH LIKE SPECIES AND
SIZE WITH NO ADDITIONAL COMPENSATION.
5)ALL TREES AND PLANTS SHALL CONFORM TO ANSI Z60.1 "AMERICAN STANDARD FOR
NURSERY STOCK", AND BE LABELED WITH A WATERPROOF TAG INDICATING SPECIES
AND SIZE. SPECIFIED TREE AND PLANT SIZES ARE MINIMUM SIZES TO BE INSTALLED.
ANY PLANT SUBSTITUTION MUST BE APPROVED BY THE ARCHITECT. IF QUANTITIES
LISTED IN PLANT MATERIAL LIST DO NOT CORRELATE WITH PLANTINGS INDICATED ON
PLAN, THE QUANTITIES SHOWN ON THE PLAN SHALL GOVERN.
6)TREE TRUNKS SHALL BE WRAPPED PRIOR TO LEAVING THE NURSERY TO PROTECT
FROM INJURY DURING TRANSPORT. WRAPPING SHALL BE REMOVED, BUT ONLY AFTER
PLANTED. PLANT MATERIALS SHALL BE PROVIDED WITH PROTECTIVE COVERINGS
DURING TRANSPORT TO REDUCE DESICCATION.
7)THE CONTRACTOR SHALL HAVE SOIL TESTS PERFORMED AT HIS EXPENSE BY A
TESTING LABORATORY TO DETERMINE AMENDMENTS, IF ANY, TO EXISTING SOILS.
8)PLANT MIX SHALL CONSIST OF EXISTING SOIL FREE OF DEBRIS, STICKS AND STONES
GREATER THAN 1/2", AND CONTAIN TWENTY PERCENT (20%) ORGANIC MATTER BY
VOLUME. 95% OF TOPSOIL SHALL PASS A 2.0 MIL SIEVE. ADD SOIL AMENDMENTS TO
THE EXISTING SOIL AS REQUIRED BY THE SOIL TEST. ORGANIC MATTER SHALL
CONSIST OF COMPOSTED LEAVES, COMPOSTED SLUDGE OR OTHER APPROVED
MATERIAL. PEAT MOSS IS NOT AN ACCEPTABLE MATERIAL. ADD GRANULAR 'SOIL
MOIST' TO TOPSOIL MIX, APPLIED PER MANUFACTURER'S RECOMMENDED RATES FOR
THE SIZE AND TYPE OF PLANT MATERIAL SPECIFIED, IF NO IRRIGATION IS APPLIED.
9)TREES AND PLANTS SHALL BE DELIVERED AFTER PREPARATION FOR PLANTING HAS
BEEN COMPLETED, BUT NOT STORED MORE THAN 2 WEEKS. PLANT IMMEDIATELY
UPON DELIVERY, OR PROTECT FROM WEATHER AND MECHANICAL DAMAGE AND KEEP
ROOTS MOIST.
10)LAYOUT OF TREES AND PLANT MATERIALS MUST BE ACCEPTED BY THE ARCHITECT
PRIOR TO PLANTING. NO PLANT, EXCEPT GROUND COVERS, SHALL BE PLANTED LESS
THAN 24" FROM A BUILDING, CURB, PAVEMENT OR SIDEWALK.
11)PLANTING BED PREPARATION: LOOSEN EXISTING SOIL; ADD TOPSOIL IN SUFFICIENT
QUANTITY TO RAISE BED 4-5" ABOVE FINISHED LAWN GRADE. PROVIDE POSITIVE
DRAINAGE AWAY FROM ALL BUILDINGS AND AROUND OR AWAY FROM PLANTING BEDS
TO PREVENT PONDING OF WATER. DO NOT RAISE BED GRADES, FINISHED GRADES, OR
MULCH ABOVE FINISHED FLOOR ELEVATIONS. PLANTING BEDS AGAINST BUILDING
WALLS SHALL BE SLOPED AWAY FROM THE BUILDING AT A MINIMUM 1% SLOPE. ALL
PLANTING BEDS TO RECEIVE A MINIMUM OF 6" TOPSOIL.
12)MULCH ALL PLANTING BEDS, AND DISTURBED AREAS WITH A 3" DEPTH OF DOUBLE
SHREDDED HARDWOOD BARK.
13)ALL NYLON ROPING, TWINE, SHALL BE REMOVED, PRIOR TO PLANTING. ALL
NON-TREATED BURLAP AND/OR NON-ROT PROOF BURLAP TO BE REMOVED FROM TOP
HALF OF ROOTBALL. ALL TREATED BURLAP OR POLYPROPYLENE BURLAP TO BE
COMPLETELY REMOVED FROM PLANTING PIT.
14)FERTILIZER: EACH TREE AND SHRUB PLANTING TO RECEIVE GRANULAR NITROFORM
(18-6-12) FERTILIZER OR EQUAL.
15)WATER SHALL BE FURNISHED FOR WATERING TREES AND PLANTS ON A WEEKLY BASIS
IN ABSENCE OF 1-1/2" RAINFALL. TREES AND PLANTS SHALL BE THOROUGHLY
WATERED THROUGHOUT THE PERIOD OF ESTABLISHMENT. SATURATE THE ROOT
ZONE AND MULCHED AREA OF EACH TREE OR PLANT WITHOUT CAUSING RUN-OFF.
DRIP IRRIGATION BAGS MAY BE USED ON INDIVIDUAL TREES.
16)TAGS, STRINGS, ROPES AND WIRES SHALL BE REMOVED FROM TREES AND PLANTS
ABOVE AND BELOW GRADE.
17)BEFORE FINAL INSPECTION BY THE ARCHITECT, ALL TREES AND PLANTS SHALL BE IN
PLACE AND UNDER THE CARE OF THE CONTRACTOR FOR A PERIOD OF
ESTABLISHMENT. THIS PERIOD SHALL BEGIN UPON COMPLETION OF PLANTING
OPERATIONS AND CONTINUE UNTIL OCTOBER 1ST, BUT IN NO CASE BE LESS THAN ONE
(1) GROWING SEASON FROM JUNE 1ST TO OCTOBER 1ST. DURING THIS PERIOD,
HORTICULTURAL PRACTICES SHALL BE FOLLOWED THAT WILL ENSURE THE VIGOR AND
GROWTH OF TRANSPLANTED MATERIAL INCLUDING WATERING, MULCHING, STAKING,
GUYING, WEEDING, CULTIVATING AND PRUNING.
18)ALL TREES AND PLANTS SHALL BE GUARANTEED AND COVERED BY A MAINTENANCE
BOND FOR A PERIOD OF ONE (1) YEAR BEGINNING ON THE DATE OF ACCEPTANCE BY
THE ARCHITECT. ANY TREE OR PLANT WHICH DIES, TURNS BROWN OR DEFOLIATES
PRIOR TO ACCEPTANCE SHALL BE REMOVED AND REPLACED WITH THE SAME SPECIES,
QUANTITY AND SIZE AND MEET ALL SPECIFICATIONS BEFORE OR AT THE END OF THE
GUARANTEE PERIOD AT NO ADDITIONAL COST TO THE OWNER. TREES OR PLANTS
REPLACED IN THE FALL THAT DIE BEFORE OR DURING THE SPRING PLANTING SEASON
SHALL BE REPLACED IMMEDIATELY.
19)ALL AREAS DISTURBED DURING CONSTRUCTION SHALL BE FINE GRADED TO A
SMOOTH, UNIFORM SURFACE WITH LOOSE UNIFORMLY FINE TEXTURE INCLUDING
REMOVAL OF ALL STONES GREATER THAN 1/2", STICKS, ROOTS, RUBBISH AND OTHER
EXTRANEOUS MATTER BEFORE PLACING TOPSOIL USING ROCKHOUND LANDSCAPE
RAKE EQUIPMENT. RESEED ALL DISTURBED AREAS WITH APPROPRIATE SEED MIX.
20)BED EDGES SHALL BE CUT IN A DEFINED "V" SHAPE WITH AN APPROXIMATE 60° ANGLE
TO THE GROUND AND TO A MINIMUM OF 2" DEPTH. TAKE SPECIAL CARE TO INSURE
THAT PLANTING BEDS DO NOT INHIBIT DRAINAGE.
21)BOTH STOCKPILED AND FURNISHED TOPSOIL SHALL BE SCREENED FROM CLAY LUMPS,
BRUSH, WEEDS, LITTER, ROOTS, STONES LARGER THAN 1/2", AND OTHER EXTRANEOUS
MATTER BEFORE PLACEMENT. TOPSOIL SHALL BE LOAMY, NOT CONSIST OF MORE
THAN 38% CLAY AND CONFORM TO THE U.S. DEPARTMENT OF AGRICULTURE SOIL
TEXTURING TRIANGLE. ANY TOPSOIL LEFT OVER AFTER PROJECT COMPLETION SHALL
BE DISPOSED OF OFF-SITE.
22)IF THERE IS NOT ENOUGH TOPSOIL FROM THE INITIAL STRIPPING OPERATIONS, THE
CONTRACTOR SHALL FURNISH ADDITIONAL TOPSOIL AS NEEDED.
23)LAWN AREAS SHALL RECEIVE A 4" MINIMUM THICKNESS OF TOPSOIL AND, AFTER LIGHT
ROLLING, MEET THE GRADES AND ELEVATIONS SHOWN ON THE GRADING PLAN.
24)DO NOT SEED UNTIL ACCEPTANCE OF FINISH GRADE BY THE ARCHITECT.
25)THE CONTRACTOR SHALL ESTABLISH A SMOOTH ACCEPTABLE LAWN INCLUDING SOIL
CONDITIONING, FINE GRADING, WATERING, FERTILIZING, WEEDING, MOWING,
TRIMMING AND OTHER OPERATIONS SUCH AS ROLLING AS NEEDED. THE OWNER WILL
PROVIDE A FINISHED GRADE WITHIN 3" OF FINAL GRADE.
26)SEEDING MIXTURE: MIX SHALL BE 65% 3 VARIETY BLEND CREEPING RED FESCUE, 20%
3 VARIETY BLEND PERENNIAL RYE AND 15% KENTUCKY BLUEGRASS BLEND. FERTILIZE
WITH A NON-BURNING MEASURED RELEASE FERTILIZER, OR RAKE IN A LIGHT
APPLICATION OF 12-12-12 AT A RATE OF 15 LB. PER 1,000 S.F. BEFORE SEEDING.
27)DO NOT SEED OR SOD IF GROUND IS FROZEN OR EXTREMELY WET.
49)MAINTAIN LAWNS THROUGH TWO CUTTINGS AND ASSUME FULL RESPONSIBILITY FOR A
FULL AND HEALTHY GROWTH. RESEED ALL BARE SPOTS.
50)THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ALL CLEAN-UP ASSOCIATED WITH
THEIR CONSTRUCTION PROCEDURES.
LANDSCAPE NOTES
PLANT MATERIAL LIST
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, Youth & Family Center (YFC) of McHenry County, is seeking the following zoning approval(s):
• Conditional Use Permit to operate an Assembly Use at 1007-1011 N Green Street.
The subject property was formerly occupied by the School District 15 Administration Office up until this year.
The City of McHenry Zoning Ordinance requires a Conditional Use Permit for operations that require regularly
scheduled gatherings/programming of more than 25 persons. The YFC is a nonprofit organization that
provides afterschool and summer programming with a focus on middle school and high school aged children.
Their programs provide a safe environment for social, emotional, and academic growth. The YFC also provides
free English as a second language courses for adults on Wednesday nights from 6:00PM-7:30PM.
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
STAFF ANALYSIS
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use Map recommends Medium-Density Residential land use. Although not in compliance
with the Future Land Use Map recommendation, institutional/residential land use is recommended within the
vicinity of the subject property.
CURRENT LAND USE & ZONING
The subject property is currently zoned RS-4 High Density Single-Family Residential District. Assembly Uses are
allowed as a Conditional Use Permit within the underlying district. The primary concern is how the property
will interact with the surrounding single-family residential. Given the site’s former operation as an office
building, the site is equipped with 33 parking spaces which is more than enough parking to accommodate the
size of estimated potential occupancy (60 x 0.25 = 15 spaces). With an adequate amount of parking provided
onsite and majority of services provided indoors, staff does not anticipate any adverse impacts on the
adjoining property owners.
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)
Staff believes the proposed use of the property to provide afterschool programming for children and
English as a second language courses for adults is supportive of promoting a high quality of life to
residents.
• Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect
residential or open space uses.” (p. 27)
The site has operated for decades as an office use and is next to the High School. Staff believes the use
of the property for afterschool services is complimentary to existing educational institutions within the
vicinity of the subject property.
STAFF SUMMARY ANALYSIS
• The site has an adequate amount of parking to accommodate the assembly use.
• The use of the property as an educational/afterschool assembly-type use matches an existing trend in
the area being next to the high school.
• Staff does not believe approval of the request would generate any adverse impacts.
If the Planning & Zoning Commission agrees with staff’s assessment, then the following motion is
recommended:
MOTION: I motion/move to recommend approval of Youth and Family Services of McHenry County’s request
for a Conditional Use Permit to operate an Assembly Use at 1007-1011 N Green Street.
AND
By making said motion, you agree 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 believes there is adequate traffic infrastructure in place to service the development.
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 nuisances.
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 area consists of a mix of residential and educational institutions. Commercial areas
are also within walking distance of the site. Staff believes the proposed use of the site as an afterschool
assembly-type use is not out of character with the neighboring properties.
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 currently serviced by city water and sanitary sewer.
E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
Staff believes the proposed use would not endanger local public health and safety within the vicinity of
the subject property.
F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to
the conditional use and its particular location.
Located next to a school, the programs provided are complimentary of the existing use(s) within the
area. Staff believes the afterschool programs and English as a second language courses provide an
inherent benefit to the overall wellbeing of the community.
Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice.