HomeMy WebLinkAboutPacket - 11/15/2023 - Planning and Zoning Commission
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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
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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: _________________________________
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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: ______________________________
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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