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HomeMy WebLinkAboutPacket - 11/15/2023 - 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, November 15, 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: October 18, 2023 5. Consideration of Approval of P&Z Meeting Scheduled for 2024. 6. Public Input – (five minutes total on non-agenda items only) 7. Z-2023-18 – Request for a Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit for the continued operation of a Horse Stable, Indoor/Outdoor Horse Arena, Equestrian related Agritourism, any Zoning Variation necessary to accommodate all existing principal and accessory structures at the property commonly known as 4400 Lake Shore Drive. Petitioner: City of McHenry 8. Open Discussion 9. Staff Report: Next Meeting Date: December 13, 2023 10. Adjourn City of McHenry Planning and Zoning Commission Minutes October 18, 2023 Chairwoman Rockweiler called the October 18, 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, Locke, Rockweiler, Lehman, Riley, Gleason, and 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: 7-ayes: Commissioners Bremer, Rockweiler, Locke, Davis, Gleason, Riley, and Lehman. 0-nay; 0-abstained. Motion Carried. Approval of Minutes: Approval of the September 20, 2023, regular meeting minutes as presented. A motion was made by Commissioner Bremer and seconded by Commissioner Lehman for approval as presented. Voice Vote: 7-ayes: Commissioners Bremer, Rockweiler, Locke, Davis, Gleason, Riley, and Lehman. 0-nay; 0-abstained. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2023-16 Youth and Family Center of McHenry County 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 Chairwoman Rockweiler opened the file at 5:33 p.m. Planner Sheriff stated that all publication requirements have been met. Guadalupe Ortz, the Executive Director, was sworn in. She explained that they had this same conditional use on their previous property on Elm Street and now need it at their new property on Green Street. Planner Sheriff explained that this site is much larger than their old site with significantly more parking. The primary services are after school programs for youth. This appears to be a good location for this business and should not have adverse impacts on property owners. Commissioner Locke asked for more specifics about their services. Ms. Ortiz explained that they have prevention and intervention services through 12th grade, after school tutoring, mentoring, and after school activities. They have a licensed social worker for intervention Planning and Zoning Commission October 18, 2023 Page 2 for individuals or as a group. They also help adults find resources throughout the county. They receive no state or federal funding. The McHenry County Health Board helps with funding along with corporations and family & community foundations. Chairwoman Rockweiler opened the public hearing portion of the meeting at 5:37 p.m. Peter Carrol was present representing Jason Goldman, a property owner to the south of the property in question. Their first concern comes with issues from previous occupants. There was snow plowed onto the private property against his garage, which caused water damage to the garage. They would like a fence required at the south end of the parking lot. Another reason for concern is that the property can be used as a short cut for youth as they cut through to get to the parking lot. There are also lights from the cars driving in and out of the parking lot, which is disruptive to the quiet enjoyment of their property. A fence would help those issues and they are requesting that this be added to the requirements for obtaining the conditional use. Stan Mill was sworn in by Chairwoman Rockweiler, and he explained he owns the property to the north. He also has issues with snow being cleared in front of his driveway. Employees also park in front of his house, which is a violation of City ordinances. Tenants are often unable to park in front because of the employee parking there. He also doesn’t want to see his property used as a cut through. Lights from cars are also an issue at night. Chairwoman Rockweiler closed the public hearing portion of the meeting at 5:44 p.m. Ms. Ortiz explained that their hours of operation are 9:00 a.m. to 5:30 p.m. Sometimes they could be there as late as 7:00 depending on the programming. If there are people parking in the lot after those hours, then they are not there for that business. Most youth are not walking to the center after school. Most are dropped off by bus and then picked up by parents. She will also work with a company that will handle the snow plowing issues. Planner Sheriff explained that it would be up to the Commission to decide if fence or snow plowing language are appropriate to put into the conditional use. Commissioner Locke stated that the snow plowing and cut throughs are legitimate concerns, but he doesn’t want to cause a hardship for the business. He hopes that all parties can work together for the solution. Commissioner Bremer does not believe a fence should be required. All other commissioners agreed that a fence should not be a required part of the conditional use. They believe Community Development can handle any ordinance violation complaints. Chairwoman Rockweiler agreed that a fence should not be required, and that if it is wanted by the neighbor, then the neighbor can install their own fence. A motion was made by Commissioner Lehman and seconded by Commissioner Gleason 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, I agree that the approval criteria for Conditional Uses have been met as Planning and Zoning Commission October 18, 2023 Page 3 outlined in the staff report. Roll Call Vote: 7-ayes: Commissioners Bremer, Rockweiler, Locke, Davis, Gleason, Riley, and Lehman. 0-nay; 0-abstained. Motion Carried. File Z-2023-16 was closed at 5 59 p.m. File No. Z-2023-17 Planner Sheriff stated that the petitioner has decided not to go through with the request and has withdrawn their application. File No. Z-2023-18 Ivy Schwoch (UHaul) Request for Preliminary & Final Plat of Subdivision Approval and Conditional Use Permit for a Commercial Planned Unit Development for the operation of a Storage Facility and future DriveThru Restaurant Chairwoman Rockweiler opened the file at 6:00 p.m. Planner Sheriff stated that the petitioner complied with the public notice requirements. Ivy Schwoch and Heather Skelton were sworn in by Chairwoman Rockweiler. Ms. Skelton explained that they are looking to amend some conditions from an application in 2016. They would like to add storage units on the west side of the building and add a parcel in the parking lot. The ordinance stated that they should have a 1 acre out lot, but they are looking to have a 1.72 acre out lot and approval on the west side. Planner Sheriff stated that they were originally approved for a use variance for a storage facility. At the time there were conditions and restrictions of UHaul display parking. They have now updated the site plan. A revised motion for tonight has been included in a memo to Commission members after a meeting was had between Staff and owners of the business to the northwest. Northtown Auto was assured that UHaul’s expansion to the west would not impact the visibility to their current signs. A right of easement between Northtown Auto and UHaul will also be cleaned up by having permanent barriers placed between the businesses. The site plan for the new restaurant should be available in November, and the business planning to come has not yet been disclosed. Chairwoman Rockweiler opened the public hearing portion of the meeting at 6:05 p.m. Attorney Jerome Majewski was present to represent the owners of Northtown Auto. He explained that Northtown Auto had a productive meeting with Ross Polerecky and Cody Sheriff to work out the main concerns. Staff was able to walk through the project and make sure no obstructions to the signage would occur and that there would be no negative impact on the business. He appreciated the work from Staff to address their concerns. They are satisfied with Staff’s recommendations including permanent curbing to replace Planning and Zoning Commission October 18, 2023 Page 4 the current cement abutments between parking lots. The public hearing portion of the meeting was closed at 6:07 p.m. Planner Sheriff explained that the concerns from Northtown Auto were addressed in the updated memo in recommendations five and six. Commissioner Locke stated that it was great that everybody got together to get concerns straightened out. All commissioners stated that they were happy with the new plan and were pleased that issues were worked out prior to the meeting. A motion was made by Commissioner Locke and seconded by Commissioner Bremer to recommend approval of the petitioner’s request for final plan approval for a Conditional Use Permit for a commercial Planned Unit Development at the property commonly known as 2019 N Richmond Road subject to the following conditions: 1. All development on site shall be in substantial conformance with the submitted plans. 2. The Property Owner of the mini-warehouse/storage facility shall maintain the existing and proposed landscaping to the greatest extent possible as determined by the Zoning Administrator. 3. Development of a future drive-thru restaurant on Lot 2 of U-Haul Subdivision of the City of McHenry shall be subject to site plan review and approval at the discretion of the Zoning Administrator. 4. The Property Owner of the mini-warehouse/storage facility shall provide a revised plan for the truck shunting/staging area as identified in the original plans approved by ORD- 16-1768 prior to making any changes to be reviewed and approved at the discretion of the Zoning Administrator. 5. All vehicular display parking shall be limited to the areas identified in the submitted site plan. 6. The Property Owner of the U-Haul facility shall install concrete curbing, or other acceptable substitution approved at the discretion of the Zoning Administrator, to close the two western ingress/egress points with the adjoining property located at 3800 McCullom Lake Road. 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: 7-ayes: Commissioners Bremer, Rockweiler, Locke, Davis, Gleason, Riley, and Lehman. 0-nay; 0-abstained. Motion Carried. A motion was made by Commissioner Lehman and seconded by Commissioner Riley to recommend approval of the petitioner’s request for Preliminary and Final Plat of Subdivision Approval for the U-Haul Subdivision of the City of McHenry. Roll Call Vote: 7-ayes: Commissioners Bremer, Rockweiler, Locke, Davis, Gleason, Riley, and Lehman. 0-nay; 0- abstained. Motion Carried. Planning and Zoning Commission October 18, 2023 Page 5 File Z-2023-18 was closed at 6: 13 p.m. Open Discussion: It was reported that Arby’s is no longer coming to McHenry because of the time it took for approval from IDOT. Interest rates and construction costs have increased since the project was first proposed. Trio now has approval from IDOT. Wingstop is moving forward with construction. The Redwood development is stalled as they work through issues with IDOT and Super Aggregates getting access lined up across Route 120. Staff Report: Planner Sheriff explained that the first draft of the existing conditions report for the comprehensive plan is being finalized. There will be future participation opportunities in November. The next meeting is scheduled for November 15, 2023, at 5:30 p.m. Adjourn: A motion was made by Commissioner Davis and seconded by Commissioner Bremer to adjourn the meeting at 6:20 p.m. Roll Call Vote: 7-ayes: Commissioners Bremer, Rockweiler, Locke, Davis, Gleason, Riley, and Lehman. 0-nay; 0-abstained. Motion Carried. Planning & Zoning Commission 2024 Meeting Schedule Wednesday, January 17, 2024 Wednesday, February 21, 2024 Wednesday, March 20, 2024 Wednesday, April 17, 2024 Wednesday, May 15, 2024 Wednesday, June 19, 2024 Wednesday, July 17, 2024 Wednesday, August 21, 2024 Wednesday, September 18, 2024 Wednesday, October 16, 2024 Wednesday, November 20, 2024 Wednesday, December 18, 2024 All meetings shall take place at 5:30 p.m. at McHenry City Hall, City Council Chambers unless otherwise noted. 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 requesting approval of the following Zoning Items: 1. Zoning Map Amendment upon annexation to A-1 Agriculture District for the two smaller unincorporated pasture parcels, and a map amendment from Estate District to A-1 Agriculture district for the larger portion of the property which contains most of the horse farm. 2. A Conditional Use Permit for the continued operation of a Horse Stable, Indoor/Outdoor Horse Arena, and equestrian related Agritourism. 3. All Zoning Variations necessary to accommodate all existing principal and accessory structures at Hickory Creek Farm. Figure 1- Hickory Creek Horse Farm The City first acquired the horse farm in a land swap deal with the Village of McCullom Lake in 1997. However, it wasn’t until earlier this year that staff had discovered that the two smaller parcels were never formally annexed. Although staff was able to locate a plat of annexation, we could not locate any recorded documents indicating an ordinance was passed and recorded with the County. The exact date of construction of the horse farm and structures in its current form is unknown; however, aerial imagery indicates it was most likely constructed between 1939 and 1953. Staff is requesting approval to rezone the entire property to A-1 Agriculture upon annexation. Staff is also requesting approval of a Conditional Use Permit for the operation of the Horse Stable, Arena, and equestrian related Agritourism operations. The existing outdoor horse arena along McCullom Lake Road appears to be within the required corner side yard setback and therefore will require a zoning variation to accommodate the structure. Out of caution staff have included a blanket zoning variance to accommodate all existing principal and accessory structures. 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. • 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 FUTURE LAND USE MAP RECOMMENDATION The request is in substantial conformance with the Future Land Use Map’s recommendation for Parks & Conservation. CURRENT LAND USE & ZONING The subject property is currently zoned Estate District and A-1 Agriculture (Unincorporated McHenry County) and operates as a horse farm. Given the longevity of operations as a horse farm, staff does not anticipate that approval of the request would impact the surrounding single-family homes, vacant land, or commercial 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 – “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 promotes a high quality of life for the residents by preserving unique architectural and historic properties. • Overall Goals – “[preserve] historic commercial and residential areas which give the City a sense of place, identity and a tie to the historical accomplishments of earlier generations.” (p. 22) The barn structures were constructed between 1939 and 1953. Staff believes the unique architectural features of the barn and the continued use of the site as a horse farm is supportive of preserving historical accomplishments of earlier generations. STAFF SUMMARY ANALYSIS • According to aerial imagery, the existing structures on site were first constructed between 1939 and 1953. Staff believes the operation of a horse farm has existed long before the barn was constructed. • The location of the outdoor horse arena along McCullom Lake Road encroaches within the required corner side yard setback and will require a zoning variation. • Given the longevity of operations, staff does not anticipate that approval of the requests would generate any adverse impacts on the surrounding property owners. If the Planning & Zoning Commission agrees with staff’s assessment, then the following three (3) motions are recommended: 1st MOTION: I motion/move to recommend approval of the City’s request for a Zoning Map Amendment for the existing incorporated parcel from Estate District to A-1 Agriculture District and Zoning Map Amendment upon annexation for the two unincorporated parcels to A-1 Agriculture District for the property commonly known as Hickory Creek Farm. AND By making said motion, you agree that the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5). Staff comments italicized below. A. Compatible With Use Or Zoning of Environs. The surrounding land use primarily consists of residential, agricultural, and commercial. A-1 Agricultural zoning would not be out of character with the surrounding area. B. Supported by Trend of Development Staff believes the proposed request is consistent with the trend in A-1 Agriculture zoning within the adjoining area to the north. C. Consistent with Comprehensive Plan Objectives. Staff believes the preservation of the horse farm would be supportive of promoting and preserving historical character which promote a unique sense of place. D. Furthers Public Interest Staff believes the request furthers the public interest by helping continue operations of the horse farm and preserve a unique historical structure. 2nd MOTION: I motion/move to recommend approval of City’s request for a Conditional Use Permit for the continued operation of a Horse Stable, Indoor/Outdoor Horse Arena, and equestrian related Agritourism at the property commonly known as Hickory Creek Farm. 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, agricultural, and commercial. Staff does not anticipate approval of the request would generate any adverse impacts given the longevity of operations (+70 years). 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 proposed use has operated for over 70 years on site successfully in its current capacity. Staff does not believe approval of the request would require disproportionate services. 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 given the longevity of operations on site for over 70 years. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. 3rd MOTION: I motion/move to recommend approval of the City’s request for a zoning variation to accommodate all existing principal and accessory structures. AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes the request is a special circumstance related to the operation of a horse farm that has existed for over 70 years which no longer meets required setbacks of the underlying zoning district. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to this property only and not all property within the A-1 Agriculture District. C. Not Resulting From Applicant Action. The applicant did not construct the existing structures on site. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship and endanger the preservation of historic structures. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the request would be supportive of preserving the existing local character. H. Consistent With Title And Plan: Staff believes the proposed request is consistent with the Comprehensive Plan and Development Policies by preserving historic agricultural character within the area. I. Minimum Variance Recommended: Staff believes the variations requested are the minimum required. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. Public Hearing Application Packet Page 5 of 14 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 Fax 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: 4400 Lake Shore Drive, McHenry 6. PIN#(s): 09-22-253-003, 09-22-253-019, 09-22-253-020 7. Requested Action(s) (check all that apply) X Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) X Conditional Use Permit Zoning Text Amendment X Zoning Variance (Non-residential) Use Variance ___ Planned Unit Development ___ Subdivision/Plat Development FORM A Public Hearing Application Packet Page 6 of 14 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 discovered 2 parcels of the Hickory Creek Farm property (owned by the City) were never formally annexed after the property was acquired in a land swap with the Village of McCullom Lake in 1997. In order to accommodate the existing uses upon annexation, the City is requesting approval of a Zoning Map Amendment to A-1 Agriculture and a Conditional Use Permit to continue the operation of the Horse Stable with Indoor/Outdoor Riding Arena and general Agritourism related equestrian activities. The zoning requests would apply to both unincorporated areas upon annexation as well as the existing incorporated area. The City is also requesting Zoning Variations to accommodate all existing principal and accessory structures on site. Public Hearing Application Packet Page 7 of 14 Current Use of Property Horse Stable, Indoor/Outdoor Horse Arena, Agritourism related to equestrian activities. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) A-1 Agriculture (Unincorporated McHenry County), Estate District 9. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: A-1 Agriculture (Commercial Vehicle Storage) South: Estate District (Petersen Park) East: Special Development District (Johnsburg, vacant) West: R-1 Residential (Village of McCullom Lake, Single Family) 10. 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 14 11. 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. 12. 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 333 S. Green Street McHenry, IL 60050 Public Hearing Application Packet Page 9 of 14 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 _________________________________________________________ For approval of: See attached notice. ______________________________________ (Applicant’s Signature) _Cody Sheriff, City Planner________________ (Applicant’s Name and Address) __333 S Green Street, McHenry, IL 60050____ 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 14 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. The property has operated as agriculture/horse farm for almost 150 years. Staff does not believe approval of the request would generate adverse impacts given the longevity of the use as a horse farm. 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. The rezoning is primarily resulting from the annexation of the parcels. A-1 Agriculture parcels exist in unincorporated McHenry County along the north and therefore would establish a trend in development. 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. Staff believes the continued equestrian use of the property is consistent with preserving the historic agricultural character of the City which is consistent with the Comprehensive Plan Goal of preserving… “Historic commercial and residential areas which give the City a sense of place, identity and a tie to the historical accomplishments of earlier generations” (p. 22). 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. Staff believes approval of the zoning request is in the public interest to help support and preserve historic agricultural character of the City. Public Hearing Application Packet Page 11 of 14 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  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. The proposed use of the property is not changing therefore no change in traffic would occur. 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. The property has operated as an agricultural/equestrian use for 150 years. Staff does not believe approval of the request would generate any environmental nuisance. 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. The farm has existed on the property for 150 years, staff believes approval of the request would be harmonious with the neighborhood character. 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. The proposed use of the property is not changing and therefore does not require new services and is expected to continue operations as planned without any additional needs for infrastructure. Public Hearing Application Packet Page 12 of 14 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. Staff does not believe the proposed use would be detrimental to the safety and health of the general public. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Public Hearing Application Packet Page 13 of 14 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street  McHenry, IL 60050  Tel: (815) 363-2170  Fax: (815) 363-2173 §11-19-5 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 proposed variance is related to the annexation of existing structures related to the operation of the horse farm. Staff believes this is related to a special circumstance not found elsewhere. 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. Staff believes the circumstances relate to this property only as a historic property, a portion of which is being annexed into the City of McHenry. 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 farm structures have existed long before the City acquired the property in 1997. 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. Staff believes denial of the request would generate an unnecessary hardship given the longevity of the use of the property for equestrian activities. Public Hearing Application Packet Page 14 of 14 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. Staff believes the variance is necessary to preserve and enjoy the property. 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. Staff believes the granting of the variance is necessary for the use of the property for equestrian activities. 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. The farm and structures have been in operation for around 150 years. Staff does not believe it would alter the local character. 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. Staff believes the requested variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Staff believes the variance is the minimum required. PLAT OF ANNEXATION to the CITY OF MCHENRY, ILLINOIS LOTS 1 THROUGH 12, INCLUSIVE, IN BLOCK 1 OF MCCULLOM LAKE ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 21, AND THE NORTH HALF OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1929 AS DOCUMENT NO. 88347, IN BOOK 6 OF PLATS, PAGES 90 AND 91, IN MCHENRY COUNTY; ILLINOIS. 0 SC.A C: I INCH EQUALS 1001cEE7 State of Illinois County of McHenry We, Woodstock Land Surveyors, do hereby state that we have prepared the attached hereon document according to the public record. not indivi4ally t for Woodstock Land Surveyors, Robert J. Con y, President Illinois Professional Land Surveyor 35-2624 p1N `09-22-2.53-0(DI - 013 PLAT OF ANNEXATION to the CITY OF MCHENRY, ILLIN01S PARK" LOT IN BLOCK 1 AND THE ADJOINING HIGHWAY IN MCCULLOM LAKE ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 21, AND THE NORTH HALF OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1929 AS DOCUMENT NO. 88347, IN BOOK 6 OF PLATS, PAGES 90 AND 91, IN MCHENRY COUNTY, ILLINOIS. PA R, eso v 9 cr, NORTH orumod) SCALs' I INCH SQUATS 100 PZZ7 0 Ce O. N c CJ4 of me "F- rl R,f State of Illinois County of McHenry We, Woodstock Land Surveyors, do hereby state that we have prepared the attached hereon document according to the public record. Dated November 2,5, 1997, A.D. not individual y but for Woodstock Land Surveyors, Robert J. C nway, President Illinois Professional Land Surveyor 35-2624 F p LAND T?i `foRo w, ? OF o , PIN 09-22-253-003 PLAT OF ANNEXATION to the CITY OF MCHENRY, ILLINOIS LOTS 1 THROUGH 12, INCLUSIVE, IN BLOCK 1 OF MCCULLOM LAKE ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 21, AND THE NORTH HALF OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1929 AS DOCUMENT NO. 88347, IN BOOK 6 OF PLATS, PAGES 90 AND 91, IN MCHENRY COUNTY; ILLINOIS. 0 SC.A C: I INCH EQUALS 1001cEE7 State of Illinois County of McHenry We, Woodstock Land Surveyors, do hereby state that we have prepared the attached hereon document according to the public record. not indivi4ally t for Woodstock Land Surveyors, Robert J. Con y, President Illinois Professional Land Surveyor 35-2624 p1N `09-22-2.53-0(DI - 013 PLAT OF ANNEXATION to the CITY OF MCHENRY, ILLIN01S PARK" LOT IN BLOCK 1 AND THE ADJOINING HIGHWAY IN MCCULLOM LAKE ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 21, AND THE NORTH HALF OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1929 AS DOCUMENT NO. 88347, IN BOOK 6 OF PLATS, PAGES 90 AND 91, IN MCHENRY COUNTY, ILLINOIS. PA R, eso v 9 cr, NORTH orumod) SCALs' I INCH SQUATS 100 PZZ7 0 Ce O. N c CJ4 of me "F- rl R,f State of Illinois County of McHenry We, Woodstock Land Surveyors, do hereby state that we have prepared the attached hereon document according to the public record. Dated November 2,5, 1997, A.D. not individual y but for Woodstock Land Surveyors, Robert J. C nway, President Illinois Professional Land Surveyor 35-2624 F p LAND T?i `foRo w, ? OF o , PIN 09-22-253-003 SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 10/25/23 09:53 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10474 Ad #: 2118789 Status: New CITY OF MCHENRY Start: 10/27/2023 Stop: 10/27/2023 333 S. GREEN ST. Times Ord: 1 Times Run: *** MCHENRY IL 60050 CLEG 1.00 X 86.00 Words: 265 Total CLEG 86.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 130.74 # Affidavits: 1 Ad Descrpt: FILE Z-2023-18 Contact: BONNIE ROSTRON Descr Cont: 2118789 Phone: (815)363-2100 Given by: CODY SHERIFF Fax#: (815)385-0916 P.O. #: Z-2023-18 Email: brostron@cityofmchenry.org Created: bbehr 10/25/23 09:42 Agency: Last Changed: bbehr 10/25/23 09:53 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Color: _____________ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 2094642 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 10/27 WEB CL 99 S 10/27 APNW CL 97 S 10/27 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 10/25/23 09:53 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10474 Ad #: 2118789 Status: New PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-2023-18 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 5:30 P.M. on Wednesday, November 15, 2023 to consider an application by City of McHenry of 333 S. Green Street ("Owner of Record") for the following requests in accordance with the City of McHenry Zoning Ordinance: Request for Zoning Map Amendment to A-1 Agriculture District, Conditional Use Permit for the continued operation of a Horse Stable, Indoor/ Outdoor Horse Arena, equestrian related agri- tourism, and any Zoning Variations necessary to accommodate all existing principal and accessory structures at Hickory Creek Farm. Location: The site consists of 12.16 acres, more or less, and is located on the south corner of the intersec- tion of McCullom Lake Road and Lake Shore Drive with a common address of 4400 Lake Shore Drive, McHenry, IL. PIN: 09-22-253-003, 09-22-253-019, 09-22-253-020 The property is currently zoned: A-1 Agriculture (Unincorporated), Estate District A copy of the application is on file and may be exam- ined during regular business hours in the Community Development Department, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, and (815) 363- 2170. An electronic copy of the application can be viewed on the City's website at www.cityofmchenry.org/ currentdevelopments. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. /s/ Stacy Rockweiler Chairwoman, Planning and Zoning Commission (Published in the Northwest Herald October 27, 2023) 2118789