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HomeMy WebLinkAboutPacket - 4/17/2024 - 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, April 17, 2024 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: March 20, 2024 5. Public Input – (five minutes total on non-agenda items only) 6. Z-2024-03 – Request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales at 4719 W. Elm Street. Petitioner: Tomasz Lemiszka 7. Z-2024-06 – Request for a Conditional Use Permit to allow an Assembly Use (Church/Banquet Facility), Use Variations to allow rental storage space (mini-warehouse), commercial office and kitchen space, and any Zoning Variations Necessary to Accommodate the existing Principal and Accessory Structures. Petitioner: Pastor Kurt Gamlin of First United Methodist Church 8. Z-2024-05 – Request for a Use Variance to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use. Petitioner: Vantage McHenry Holdings LLC. 9. Z-2024-07 – Request for a Conditional Use Permit to allow Outdoor Amusement and Live Entertainment in conjunction with the operation of an Outdoor Amphitheater/Pavilion. Petitioner: VFW Veterans Club Inc. 10. Open Discussion 11. Staff Report: Next Meeting Date: May 15, 2024 12. Adjourn City of McHenry Planning and Zoning Commission Minutes March 20, 2024 Chairwoman Rockweiler called the March 20, 2024, regular meeting of the City of McHenry Planning and Zoning Commission to order at 5:30 p.m. In attendance were the following: Commissioners Locke, Rockweiler, Lehman, Riley, Gleason, Davis, and Bremer. Also in attendance was City Planner Cody Sheriff. Approval of the Agenda: A motion was made by Commissioner Riley and seconded by Commissioner Lehman to approve the agenda as presented. Voice Vote: 7-ayes: Commissioners Rockweiler, Locke, Davis, Gleason, Riley, Lehman, and Bremer. 0-nay; 0-abstained. Motion Carried. Approval of Minutes: Approval of the November 15, 2023 and February 21, 2024, regular meeting minutes as presented. A motion was made by Commissioner Bremer and seconded by Commissioner Davis for approval as presented. Voice Vote: 7-ayes: Commissioners Rockweiler, Locke, Davis, Gleason, Riley, Lehman, and Bremer. 0-nay; 0-abstained. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2024-03 Petitioner: Bold Motors Inc. Request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales and Zoning Variations to accommodate the existing Principal and Accessory Structures at 4016 W. Crystal Lake Road. Chairwoman Rockweiler opened the file at 5:31 p.m. Planner Sheriff stated that all publication requirements have been met. Petitioner Bold Motors Inc., represented by Jaime Valdez and Oleh Semesenko were sworn in by Chairwoman Rockweiler. Oleh gave a general overview of their business and desire to relocate to McHenry and that they are requesting approval of Variations to accommodate the existing principal building and a Conditional Use Permit for the Open Sales Lot. Planner Sheriff presented the staff report. Planner Sheriff identified that the existing principal structure predates the currently adopted Zoning Ordinance and contained a legal nonconforming setback. Given the longevity of the use of the building staff did not believe approval of the request for a variation would generate any adverse impacts on the surrounding properties. Staff also did not believe that approval of the requested conditional Planning and Zoning Commission March 20, 2024 Page 2 use would generate any adverse impacts given the longevity of the use of the site for sales of commercial equipment and operations as a woodworking shop. Staff identified that the site is located within the boundaries of the Main Street Subarea Plan. The plan identifies this site as well as others surrounding it to be consolidated into a single lot. Staff identified that an attempt was made over 20 years ago to do this when Thorntons was looking at this corner but ultimately failed due to a single holdout property. Staff doesn’t believe approval of the request would hinder the plan’s goal for lot consolidation without government intervention of some sort such as imminent domain but that would require many steps to occur beforehand. Planner Sheriff identified several conditions of approval recommended if the Commission viewed the petition favorably. Commissioner Riley asked questions about the location of the ROW. Planner Sheriff responded and explained it was a few feet from the existing curb. Commissioner Lehman and Commissioner Locke asked if the petitioner would be performing minor repair work and related activities. Mr. Semesenko responded saying that they would only be performing work that would clean the car’s appearance and general work. Nothing serious would occur such as body work or any type of related automotive repair. Commissioner Davis also inquired about repair work and Mr. Semesenko reiterated prior points that any repair work would be superficial for the most part to get the cars ready for sale. Commissioner Gleason asked about where customers will park. Mr. Semesenko responded saying that customers would park generally in front of the office area in the front next to the garage. Chairwoman Rockweiler opened the public comment portion of the public hearing at 5:39PM. None were present and Chairwoman closed the public comment portion of the hearing at 5:39PM. Final deliberation and discussion. The Commission was largely in agreement with the petition with the exception of Commissioner Locke who stated he was generally not in favor of the request stating he believed it was out of character of what the City wanted to accomplish in the Main Street Subarea. A motion was made by Commissioner Lehman, Seconded by Commissioner Riley to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with automotive sales at the Subject Property, subject to the following conditions: 1. The Property Owner shall maintain the display area in a neat and orderly manner as determined by the Zoning Administrator. 2. The display of motor vehicles shall be prohibited in the Right-of-Way. Planning and Zoning Commission March 20, 2024 Page 3 3. The Property Owner shall apply for a building permit for the stripping of the parking lot prior to receiving a Certificate of Occupancy. And by making said motion, Commissioner Lehman agreed that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Bremer, Davis, Gleason, Riley, and Lehman; 1-Nay: Locke; 0- abstained. Motion Carried. A motion was made by Commissioner Davis, seconded by Commissioner Bremer, to recommend approval of the petitioner’s request for a zoning variation to allow a 2.3’ setback in lieu of the 10’ required to accommodate the existing principal structure. And by making said motion, Commissioner Davis agreed that the approval criteria for Variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Bremer, Davis, Gleason, Riley, and Lehman; 1-Nay: Locke; 0-abstained. Motion Carried. File Z-2024-03 was closed at 5:40PM. Open Discussion: Staff asked the Commission whether it felt comfortable having 5 agenda items for the April meeting. A discussion was had with staff providing an overview of some of the requests. The Commission felt comfortable having all 5 items on the agenda for the April meeting. Staff provided a general overview of the status of various developments throughout the City through the City’s newly relaunched Current Development’s Portal Map. Staff Report: The next meeting is scheduled for April 17, 2024. Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Davis to adjourn the meeting at 6:10 PM. Voice Vote: 7-ayes: Commissioners Rockweiler, Locke, Davis, Gleason, Riley, Lehman, and Bremer; 0-nay; 0-abstained. Motion Carried. SStafff Reportt forr thee Cityy off McHenryy Planningg && Zoningg Commissionn 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. BACKGROUNDD && REQUESTT SUMMARYY The petitioner, Tomasz Lemiszka, is proposing to operate a used car dealership with outdoor displays at 4719 W. Elm Street. In order to accommodate the development, the petitioner will need to receive approval of the following zoning requests: 1. Request for Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales. The Subject Property once contained a 2-story, mixed-use, residential, and commercial office space building that was joined with the existing building to the west. In 2014, the portion of the building that was contained on the subject property was torn down and has remained vacant since. In 2018, the site was formerly approved for an Open Sales Lot for used car sales. A condition of approval required the property owner to re- pave the parking lot area within 2 years of approval. However, the property owner failed to meet the deadline and therefore the approval lapsed. As displayed in the google street view screen shot below, the site is currently in poor condition with grass/weeds growing through the asphalt area. CITYY OFF MCHENRYY ORDINANCESS •The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance SSTAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned C-5 Highway Commercial District and is surrounded primarily by other C-5 zoned properties to the north, west, and east with residential property to the south. The City of McHenry Zoning Ordinance requires a landscape screening strip to be installed along the south property line. The petitioner has complied with this requirement. As such, staff does not anticipate the use of the property as an automobile dealership will generate any adverse impacts on the surrounding commercial/residential property. Several other automobile dealerships and used car dealerships are located next to residential properties and appear to co-exist in harmony. Staff does not believe approval of the request is out of line with the community character of the area. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends commercial land Use. The proposed use of the property for retail sales of used automobiles is in substantial conformance with the Future Land Use Map’s recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments x 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 as an automobile dealership is appropriate given the surrounding commercial land use fronting a major state highway. The site located kitty-corner has operated as a used care dealership for decades. Therefore, staff does not anticipate any adverse impacts to the surrounding property. x Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) The City of McHenry Zoning Ordinance requires landscaping and screening for commercial property abutting residential. The site currently sits vacant with no screening of the noise generated from traffic on IL State Route 120. Staff believes any new construction and landscape screening would help screen the noise from IL-120 from the adjoining property owner. Given the limited size of the commercial property, staff doesn’t anticipate that commercial operations would generate any adverse impacts on the adjoining residential property. (staff report continues next page) SSITEE PLANN ANALYSISS x Fencing (non-privacy). The petitioner is proposing wrought-iron (in appearance) aluminum picket style fence along the west property line to separate the property from the adjoining neighbor. The City of McHenry Fence Regulations for Non-Residential property does not allow anything other than split-rail fence within the required front yard setback. The petitioner will need to receive a variance from these regulations from City Council. Overall, staff finds the petitioner’s request to install aluminum fencing a greater improvement in comparison to the allowed split-rail. The Sunnyside Dodge to the west of the property currently has a split- rail fence within the required front yard. x Landscape Screening.The petitioner is proposing a canopy-canopy arborvitae tree line along the southern most property line. The petitioner will also be required to plant shrubs on average of 1 for every 3 feet of yard length. Staff have included as a condition of approval that the petitioner shall be required to provide a landscape plan in conformance with the City’s Landscaping Ordinance as determined by the Zoning Administrator. x Outdoor Display of Vehicles.Similar to other petitions requesting approval to operate an open sales lot, staff is recommending a condition of approval not allowing the display of vehicles in the right-of- way which allows staff greater enforcement leverage if there are any violations. Additionally, staff have included a condition that requires the property owner to maintain the display area in a neat and orderly manner as determined by the Zoning Administrator. More specifically, staff have included a provision that requires the display of motor vehicles to be on a grass-free and paved asphalt or concrete surface. STAFFF SUMMARY ANALYSISS x Several open sales lot car dealerships are located within a few hundred feet of the subject property. Staff does not believe approval of the request would generate any adverse impacts on the surrounding property owners nor would approval be out of character. The site was formerly approved for a used- car dealership in 2018 but lapsed due to a time constraint related to the repaving of the existing parking lot. x Staff have included as a condition of approval that the petitioner shall be required to provide a landscape plan in conformance with the City’s Landscaping Ordinance as determined by the Zoning Administrator. x Staff have included as a condition of approval that the property owner shall maintain the display area in a neat and orderly manner as determined by the Zoning Administrator and that the display of motor vehicles shall be prohibited in the right-of-way. x The site is in poor condition with grass and weeds growing throughout the asphalt area. Staff have included a condition of approval that the display of motor vehicles shall be kept on a grass-free and a paved asphalt or concrete surface. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended: MOTION: I motion/move to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with automotive sales at the Subject Property, subject to the following conditions: 1. The Property Owner shall maintain the display area in a neat and orderly manner as determined by the Zoning Administrator. 2. The display of motor vehicles shall be kept on a grass-free and paved asphalt or concrete surface. 3. The display of motor vehicles shall be prohibited in the Right-of-Way. 4. The Property Owner shall submit a landscape plan in conformance with the City of McHenry Landscape Ordinance as determined by the Zoning Administrator. 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 primarily of commercial highway zoning and land use with residential land use to the south. Several other car dealerships are located within a few hundred feet of the subject property. Therefore, staff considers the property to be in harmony with the surrounding character. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The site is currently serviced by city water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Staff believes the proposed use would not endanger local public health and safety within the vicinity of the subject property. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The petitioner, Pastor Kurt Gamlin of First United Methodist Church, is requesting the following zoning approvals for the continued operation of a church at 3717 Main Street: 1. Request for a Conditional Use Permit to allow an Assembly Use (Church/Banquet Facility) 2. Request for Use Variation(s) to allow: a. Rental Storage Space (mini-warehouse) b. Commercial Office and Kitchen Space 3. Request for Zoning Variations to accommodate the existing principal and accessory structures. The subject property has operated as First United Methodist Church for over 150 years. This would pre-date the incorporation of the City of McHenry. As such, the church property and associated church operations pre- date all Zoning Ordinances adopted by the City of McHenry and is considered legal nonconforming. The principal structure also appears to have a nonconforming setback. Staff advised the petitioner to also request blanket zoning variations to accommodate all existing structures. The petitioner is also requesting approval of Use Variations to allow rental storage space (mini-warehouse) and commercial office and kitchen space. The church already has an existing commercial kitchen which could be utilized for certain commercial cooking purposes if needed. The petitioner desires to have the flexibility to allow these uses as a means of generating income in order to help preserve the historic church. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned RS-4 High Density Single-Family Residential District and has been utilized as a church since 1859. The surrounding land use also primarily consists of RS-4 district zoning with single-family residential land use. Given the longevity of the use of the property as a church, staff does not anticipate any adverse impacts on the surrounding property owners for the request to continue to allow the existing church/banquet facility operations. The petitioner is requesting additional uses to allow for income generation such as rental storage space, and commercial office and kitchen space. The primary concern is how the proposed use(s) would interact with the surrounding residential land use. Rental storage space is typically low impact compared to most commercial uses and should generate minimal traffic. Staff also believes that commercial office and kitchen space would also be relatively low impact on the surrounding residential properties. However, another concern of staff would be the establishment of a precedent. Given the historical nature of the site, staff would argue that approval of the request is specifically unique to this property and this property alone because of its longevity of operations and cultural significance of the building. Staff is still recommending several conditions of approval in order to accommodate the petitioner’s request: 1) all approved commercial uses shall remain ancillary to the principal use of the property as a church/banquet facility, and 2) all commercial deliveries shall be conducted in the south parking lot. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as medium-density residential. The proposed assembly use is allowed subject to approval of a Conditional Use Permit. However, the remaining requests for commercial uses are not in conformance with the Future Land Use Map Recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Neighborhood Character, Policy: "Develop mechanisms to allow for residential adaptive reuse in existing neighborhoods." (p. 49) The petitioner’s request is not supportive of allowing residential adaptive reuse within existing neighborhoods. The Commission will need to consider whether the uniqueness of the site and the benefits gained to the community outweigh the specific recommendation by the Comprehensive Plan for residential adaptive reuse. • Neighborhood Character, Policy: "Promote preservation and restoration of historic structures." (p. 49) Staff would argue that the petitioner’s request is in favor of promoting preservation and use of historic structures. Although it is not adaptively repurposing the structure into residential, there is cultural and community value in promoting authentic use of historic structures. The site has uniquely operated as an assembly-type use for over 150 years and served as a meeting place for a variety of nonprofit organizations. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) The subject property has operated as an assembly-use and banquet facility for over 150 years. Staff does not believe approval of the petitioner’s request for commercial storage, office, and kitchen space would generate any adverse impacts greater than the existing church and banquet operations. SITE PLAN ANALYSIS • Legal Nonconforming Setbacks. The existing church appears to be within a few feet of the Center Street Lot Line as well as Main Street. The parking lot also does not conform with setback requirements adjacent to the residential building. The property owner did not have a copy of the plat of survey to determine the exact setback. As such, staff recommended blanket zoning variations to accommodate all existing structures under the condition that the property owner provide the City a Plat of Survey within 6 months of approval. STAFF SUMMARY ANALYSIS • Overall, staff believes the request is somewhat consistent with the Comprehensive Plan. Approval of the request(s) would be supportive of preserving existing historic structures; however, it would not be supportive of adaptive residential reuse. The Commission should weigh the merit of the request based on the historical significance of the building and the overall goals and objectives of the Comprehensive Plan to promote the health, safety, and welfare of the City. • Staff does not believe granting the site approvals for additional uses would establish a precedent for all churches. The site has operated for over 150 years as a church and approval of the request would be supportive of preserving the existing structure and historic operations primarily as a church facility. Staff have included a condition of approval that the site’s principal use shall remain an assembly-use (church/banquet facility) while the commercial uses granted shall remain ancillary. • The Church was constructed prior to the incorporation of the City of McHenry and therefore predates all established development ordinances. Staff does not believe approval of the requested zoning variation to accommodate all existing principal and accessory structures would generate any adverse impacts on the surrounding property owners. Staff have added as a condition of approval that the property owner shall provide the City with a plat of survey within 6 months of approval. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following three (3) motions are recommended: 1st MOTION: I motion/move to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an assembly use for the operation of a church/banquet facility. 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. The site has operated as a church/banquet facility for over 150 years. 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 church has operated in the area for over 150 years. Staff believes approval of the request would not be out of character of the area given the longevity of the use of the property as a church/banquet facility. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The site is currently serviced by city water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Staff believes the proposed use would not endanger local public health and safety within the vicinity of the subject property. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. 2nd MOTION: I motion/move to recommend approval of the Petitioner’s request for a Use Variation to allow rental storage space (mini-warehouse), and commercial office and kitchen space subject to the following conditions: 1. The use of the property for rental storage space (mini-warehouse), and commercial office and kitchen space shall remain ancillary to the principal use of the property as an assembly use. 2. All commercial deliveries servicing said commercial uses shall be conducted in the south parking lot. AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes that there is a particular hardship in maintaining large historic church structures. Allowing for additional forms of income would help maintain and preserve the use of the historic building. B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. N/A C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property has operated as a church for over 150 years. Staff believes this request would not apply to other property in this zoning district because of the longevity of the use of the property as a church for 150 years as opposed to a single-family residence. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe that approval of the request would alter local character given the longevity of operations of the site as an assembly use. The requested Use Variances for storage, and commercial office and kitchen space would generate less traffic than the principal use. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is mostly consistent with the Comprehensive Plan of supporting the preservation and use of historic structures. 3rd MOTION: I motion/move to recommend approval of the petitioner’s request for any zoning variations necessary to accommodate the existing principal and accessory structures subject to the condition that the property owner shall provide a plat of survey of the subject property within 6 months of approval by City Council. AND by making said motion, I agree that the approval criteria for Variances have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is a special circumstance related to the construction of the existing church that predates the incorporation of the City of McHenry. 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 RS-4 High Density Single Family Residential District. C. Not Resulting From Applicant Action. The church predates the City of McHenry. The structure therefore would have been built prior to the adoption of any building regulations and not resulting from applicant action. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship upon the petitioner. 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: The structure has been on site for over 150 years. Staff does not believe that approval of the request would alter local character. H. Consistent With Title And Plan: Staff believes the proposed request is consistent with the Comprehensive Plan and Development Policies by supporting historic structures. 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. SStafff Reportt forr thee Cityy off McHenryy Planningg && Zoningg Commissionn 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. BACKGROUNDD && REQUESTT SUMMARYY The petitioner, Vantage McHenry Holdings LLC., is requesting the following zoning approval(s) to operate an outdoor rental storage facility on the property commonly known as 2212 N Richmond Road: 1. Request for a Use Variation to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use in conjunction with the operation of an Outdoor Rental Storage Facility. The project area is located on a 7-acre portion of the property that is currently farmed. The remaining area surrounding the development site is mainly composed of wetlands and natural vegetation to the east, west and south. The property owner will be required to submit a wetland delineation and tree removal plan as part of the permitting process. The overall development consists of the installation of a 6-8’ tall black chain link fence with barbed wire and an electric entryway gate. The 7-acre storage area would be able to store up to a maximum of 140 full-sized semi tractor trailers, recreational vehicles, or boats. CITYY OFF MCHENRYY ORDINANCESS •The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance SSTAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned C-5 Highway Commercial District and is surrounded by other C-5 zoned properties to the north, townhomes and single family residential to the northeast located in incorporated Johnsburg, unincorporated agriculture farmhouses to the east, and FAP-420 to the south. The area surrounding the 7-acre project site consists primarily of wetlands and mature trees. The primary concern for outdoor storage land use is aesthetics and screening. Staff believes the outdoor storage area would be heavily screened from view of the adjoining property owners given the existing natural vegetation. (see below photo) Staff have included as a condition of approval that the property owner shall be responsible for maintaining the natural screening of the site from view as determined by the Zoning Administrator. Overall, staff does not anticipate that the proposed use would generate any adverse impacts on the adjoining property owners. Figure 1 - view southwest from the adjoining townhome subdivision. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as an environmental corridor with wetlands in addition to Business Park land use. The proposed use of the farmed area while preserving the wetlands is somewhat consistent with the intent of the Future Land Use Map. 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 x 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 will provide a service that is greatly needed in the City of McHenry. Most storage facilities in the City do not offer outdoor storage space. Additionally, the City has seen an increase in unlawful overnight parking of commercial trucks. Approval of the request potentially could help alleviate unlawful overnight truck parking in the City. Staff believes approval of the request would be supportive of providing a high quality of life to residents by providing additional recreational and commercial vehicle storage. x Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) The subject property is heavily screened from view. Staff believes the proposed commercial use would have minimum visibility from the adjoining residential properties. Overall staff believes approval of the request would not negatively affect the residential or open space uses. x Natural Resources, Policy – “Development shall fit into the natural landscape and mass stripping/leveling of sites shall be discouraged.” (p. 58) The proposed development takes advantage of the natural resources in the area by limited construction to mostly in the farmed area. Overall, staff believes the site plan is supportive of fitting into the natural landscape within the vicinity of the property. SSITEE PLANN ANALYSISS x Fencing.The petitioner is proposing a 6-8ft tall chain-link fence with barbed wire. x Landscaping & Screening. The petitioner is proposing to screen the site from view utilizing the existing natural tree line. Staff have included as a condition of approval that the petitioner shall be required to maintain the natural screening to the greatest extent possible or screen the 7-acre site from view with an appropriate substitute as determined by the Zoning Administrator. x Entrance. The petitioner has received approval of a site access easement from the Shops at the Fox River commercial center to allow truck traffic to enter the site along the back outskirts of the property. The entrance to the site would also have an electronic gate. SSTAFF SUMMARY ANALYSIS x The 7-acre project area is heavily screened from view of the adjoining property owners by an existing wetland and natural tree line. Staff believes the visibility of the site to be limited given the existing natural screening. Staff have included a condition of approval requiring the petitioner to maintain the natural screening of the property to the greatest extent possible. x The Future Land Use Map recommends this site for a Business Park mixed in with an environmental corridor. As such, the Comprehensive Plan recommends that any development take advantage of buildable area while minimizing any negative impact on natural resources. The proposed 7-acre project area is located on the farmland portion of the property while minimizing the impact on the existing wetland. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended: MOTION: I motion/move to recommend approval of the Petitioner’s request for a Use Variation to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use of the Subject Property, subject to the following conditions: 1. The Property Owner shall be required to maintain the natural landscape screening surrounding the 7-acre project area to the greatest extent possible or screen the project area from view with an appropriate substitute as determined by the Zoning Administrator. 2. All development on site shall be in substantial conformance with the submitted plans. AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. Staff believes the proposed use of the property is appropriate given the lack of visibility and inaccessibility of the site to the public. The site is advantageous to support commercial outdoor rental storage given this lack of access and the existing natural tree line screening the property from view. Staff believes that denial of the request would place an undue hardship given these site constraints that would typically not be supportive of a traditional retail commercial development. B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district. Staff believes the property cannot yield a reasonable return if permitted to only be used under the conditions allowed by the regulations of the C-5 Highway Commercial District given the unique site constraints related to overall accessibility and site visibility. C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. Staff does believe the request is under special circumstances uniquely for this property because the property is located behind a commercial shopping center and between an unimproved right-of-way. The site is heavily screened from view by the naturally occurring wetlands within the vicinity of the project site. D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area given the level of natural screening provided by the adjacent wetland area. E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City. Staff believes the overall request is consistent with the Title and Comprehensive Plan by supporting commercial development while minimizing the impact on the existing natural resources to the greatest extent possible. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. Vantage Secure Storage Vantage Secure Storage is a flexible solution for corporate and personal outdoor storage including semi-trucks, fleet vehicles, trailer/containers, RV’s, boats, industrial and contractor equipment. Vantage Secure is situated adjacent to IL Route 31 and encompasses overseven acresof surface storage area. Vantage will offer a seamless and secure service through the utilization of cutting-edge technology including secured chain link enclosure, high-efficiency perimeter lighting and an electronically-controlled keypad access with personalized online interface. Convenience, security and accessibility are key elements to what Vantage Secure will offer as flexible storage solutions for individuals and businesses throughout McHenry County. Semi-Truck Parking Vantage Secure is an excellent solution for corporate and independent semi-truck owners looking to park their vehicles long term. The facility will provide outdoor semi parking options for a variety of truck sizes and storage solutions. The facility will have flexible capacity for up to 140 full-sized semi tractor trailers. x Companies in McHenry County that specialize in trucking and distribution require a large area of hard- surfaced parking and storage space for their trucks and trailers. In many cases this demand requires off- site storage facilities. A variety of lengths are provided to accommodate a range of different-sized trucks. Trucking and Distribution companies will be a primary target market for Vantage Secure. x Protection from theft, damage, liability, and vandalism will include a secure perimeter and lighting. Tenants are also given individualized access codes to enter or exit the property through the controlled-access gate. x Independent and corporate truck operators are faced with parking restrictions and regulations on public roads and on private property. Living in McHenry County can include restricted parking presenting challenges to parking a large vehicle such as a semi-truck. x Municipalities and homeowner associations may have weight restrictions or other rules prohibiting parking a semi-truck on driveways. Rarely are semis allowed to be parked in the street or driveway of any residential neighborhood for an extended period. Trailer/Container Storage For many businesses, storage trailers and containers provide a more flexible and cost-efficient storage option than going through the process of acquiring and investing in additional warehouse space. Renting or utilizing storage trailers and containers are the perfect solution for businesses that are affected by seasonal fluctuations in inventory. Businesses can’t easily expand their warehouse space to accommodate inventory for the holidays without going through the costly and time-consuming process of acquiring additional warehouse or shop space. Storage of containers/trailers are ideal for static storage at commercial and industrial locations. Easily transportable and accessible, trailers and containers can be a critical solution for companies in need of temporary product storage. Equipment Storage/Parking In addition to truck parking, Vantage Secure will provide storage for corporate equipment and fleet vehicles in active use and longer-term storage. Local and regional contractors have vehicles and trailered equipment that may or may not be utilized every day that require parking. Service companies with a large inventory of vehicles and equipment face the same storage challenges as trucking and distribution providers. These types of vehicles, trailers and equipment require a great deal of surface parking that a company may not have room for at their own location. Typically, employees that operate this equipment do not park vehicles at their homes but rather bring them back to their place of business or a storage facility such as Vantage Secure to ensure secure care of their investment. The purpose of fleet management for any organization is to maximize the efficiency of the vehicles or equipment it owns and operates. Maximizing the efficiency of any organization's asset often directly equates to increased productivity and overall safety for the vehicle drivers and equipment operators. Short term and long-term storage are critically essential to the success ofmany industries throughout McHenry County. Professionally operated, well-located, secure facilities are in high demand, but scarce due to lack of available land and zoning. RV & Boat Storage Vantage Secure offers outdoor space for most RV and boat sizes. Our spaces can accommodate over 50 feet in length this is ideal for RVs and boats too large for enclosed storage units, eliminating the concerns of navigating through small entryways or limited height dimensions. Vantage Secure will accommodate motor homes, campers boats providing safe and secure options for storing recreational vehicles when not in use. Vantage Secure will cater to individual owners as well as dealers and/or marina operators. Storage spaces are designed for all styles of motorhomes, including Class A, camper vans, towable campers, or truck campers. Class A motorhomes are similar in size to a large bus and average 33 feet in length. Camper vans can range in size between a standard van and RVs of 20 to 25 feet long. Vantage Secure understand the need for multiple parking spaces to store a variety of vehicles so our outdoor spaces provide plenty of room for many tow-behind campers, such as teardrop campers, pop-up campers, tiny trailers, and small fifth-wheel trailers which may be compact enough to fit within the rented area of an RV parking space ensuring all tenants property is adequately and efficiently secured and stored. Outdoor boat storage has many potential advantages, including lower cost than indoor storage and easy availability, especially if the boat is sitting on its own trailer, however storage location options may be limited and lacking security, convenience and accessibility. Vantage Secure seeks to address these concerns by offering a professionally operated option for boat owners and marina operators including a clean, fenced, well-lit and secure facility. Access is secure and controlled at the convenience of the tenant, whether to transport or simply maintain their boat. McHenry is located a number of popular boating areas, boat launches and marinas, which make Vantage Secure a strategically located storage option for boats or virtually any size. Site improvements will include a reinforced concrete entry drive, a crushed and recycled asphalt surface, chain link perimeter fencing, electronic access gate surrounded by preserved wetlands, mature woodlands and storm water management facilities. Adjacent to paved commercial access to IL Route 31 make Vantage Secure a great outdoor storage asset for the community. Va n t a g e S e c u r e S t o r a g e E x h i b i t s Re n d e r i n g o f P a r c e l A Ov e r a l l S i t e P l a n Ac c e s s E a s e m e n t t o R o u t e 3 1 Ty p i c a l G a t e E n t r y Ty p i c a l C h a i n L i n k F e n c e Ty p i c a l L i g h t i n g SStafff Reportt forr thee Cityy off McHenryy Planningg && Zoningg Commissionn 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. BACKGROUNDD && REQUESTT SUMMARYY The petitioner, VFW Veterans Club Inc., is proposing to construct an outdoor amphitheater/pavilion on the property located at 3002 W IL-120. In order to accommodate the development, the petitioner will need to receive the following zoning approvals: x Conditional Use Permit to allow Outdoor Amusement and Live Entertainment in conjunction with the operation of an outdoor amphitheater/pavilion. The petitioner is proposing to operate a live concert location on the southeast corner of the property. The petitioner has indicated a desire to host events between two and three days per week which may include weekday times ending at 10:00 p.m. and 11:00 p.m. on weekends. The petitioner anticipates crowds of up to 500-1000 people per event. The site is currently approved for a Conditional Use Permit that allows the following uses on the subject property: Recreational Institution; outdoor amusement establishment; and restaurant serving alcoholic beverages with live entertainment and dancing. However, because the petitioner is proposing an expansion with the construction of a pavilion, the property will need to receive approval of a new Conditional Use Permit to accommodate the request. CITYY OFF MCHENRYY ORDINANCESS •The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. SSTAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned C-5 Highway Commercial District with a Conditional Use Permit. The surrounding land use and zoning primarily consists of other C-5 zoned properties with BP Business Park to the east and unincorporated single family to the north and west. The primary concern is how the proposed use of the property will interact with the residential properties located approximately 550 feet north of the proposed pavilion. Staff have summarized below a list of project elements the Commission may wish to utilize to help frame its discussion: x Sound Amplification Devices. Staff believes it is likely that the use of sound amplification devices will cause a disturbance to the single-family homes given their proximity. However, events without sound amplification devices (acoustic only) would likely not generate enough noise to cause issue with said residential properties. Staff would recommend limitations that distinguish between both acoustic only and the use of sound amplification devices. x Days/Hours of Operation. In comparison to music festivals such as Fiesta Days and the Concerts in the Park, the VFW’s proposed music season would likely span throughout the summer months according to their narrative. Although unlikely, without restrictions the petitioner could host events every night. Staff have included restrictions for consideration by the Commission that would limit the days of the week and hours of operation. x Restrooms. Although it is beyond the scope of the Planning & Zoning Commission. The petitioner will likely be required to expand permanent restroom facilities to accommodate the new use. x Maintenance. The project narrative does not describe how the petitioner will maintain the event space. The petitioner should also be prepared to describe how the site will be maintained after events. Staff have included a condition of approval related to the maintenance of the event space. x Security. The petitioner should be prepared to describe how the venue would police events. Staff have included a condition of approval for consideration by the Commission related to onsite security. x Parking. The petitioner has indicated a maximum of 1000 attendees at future events. Based on the City’s Parking Ordinance, the petitioner would be required to provide 0.25 spaces per maximum occupancy which amounts to 250 spaces. The property contains 352 parking spaces onsite which meets the ordinance requirements. To address the aforementioned project elements, staff have summarized below a list of conditions that are included in the motion that the Commission may wish to consider in their discussion. 1. Security. The petitioner shall provide on-site security to police their events. 2. Hours of Operation (sound amplification). Events with sound amplification devices shall be limited on weekdays from 5:00 p.m. to 10:00 p.m. and from 5:00 p.m. to 11:00 p.m. on weekends. Events shall be limited from Thursday-Sunday. 3. Hours of Operation (without sound amplification). Events without sound amplification devices (acoustic only) shall be limited on weekdays from 5:00 p.m. to 10:00 p.m. and from 5:00 p.m. to 11:00 p.m. on weekends. 4. Maintenance. The event space shall be maintained in a neat an orderly manner and be cleared of debris and refuse within 24 hours after an event. Refuse containers shall be evenly dispersed throughout the concert venue area adjoining the amphitheater. 5. Location of Sound Amplification Devices. All sound amplification devices shall be located on or adjacent to the pavilion. FFUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as Commercial/Institutional/VFW. The proposed use of the property for outdoor live entertainment is allowed subject to approval of a conditional use permit. Therefore, the subject property is in compliance with the future land use map recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is not consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments x Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) Staff does not believe the petitioner’s request would be in support of locating intense commercial uses where they will not negatively affect residential land use. The Commission should weigh the impact of the proposed development on the adjoining properties versus the benefits received to the Community. x Economic Development, Policy – “Carefully evaluate new recreation and tourism opportunities to minimize impacts on existing environmental resources and on surrounding residential areas.” (p. 55) Staff believes the proposed event would be a tourism draw to the community. However, special consideration should be given to the existing residential area adjoining the subject property. STAFF SUMMARY ANALYSIS x The primary concern for the development is the proximity of the amphitheater to local residents to the north. Sound amplification devices will negatively impact the overall welfare of the adjoining single- family homes. Events without sound amplification devices (acoustic only) will likely not impact said residential properties. Staff have included conditions of approval related to both circumstances if the Commission views the petitioner’s request favorably. x Staff believes there are certain elements of the project that are in conflict with the Comprehensive Plan’s recommendation. The Commission should weigh the benefits received to the community versus the impact on the adjoining residential properties. x Staff have included conditions of approval related to onsite security, maintenance, hours of operation, and the location of sound amplification devices. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended: MOTION: I motion/move to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow Outdoor Amusement and Live Entertainment in conjunction with the operation of an outdoor amphitheater/pavilion, subject to the following conditions: 1. The property owner shall provide on-site security to police events. 2. Events with sound amplification devices shall be limited on weekdays from 5:00 p.m. to 10:00 p.m. and from 5:00 p.m. to 11:00 p.m. on weekends. Events shall be limited from Thursday-Sunday. 3. Events without sound amplification devices (acoustic only) shall be limited Monday-Friday from 5:00 p.m. to 10:00 p.m. and Saturday-Sunday from 5:00 p.m. to 11:00 p.m. 4. The event space shall be maintained in a neat an orderly manner and be cleared of debris and refuse within 24 hours after an event. Refuse containers shall be evenly dispersed throughout amphitheater area. 5. All sound amplification devices shall be located on or adjacent to the pavilion. 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 does not anticipate that approval of the request would generate traffic flow not otherwise typical in the zoning district. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. Staff believes that with the added restrictions related to hours of operation, the location of sound amplification devices, and maintenance that environmental nuisances have been appropriately controlled to the greatest extent possible. 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 VFW site has hosted a variety of recreational baseball events throughout the summer months. With proper restrictions in place related to hours of operation and location of sound amplification devices, staff believes the proposed use of the property would not impact the surrounding properties any greater than the existing recreational baseball events. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The site is currently serviced by city water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Staff believes the proposed use would not endanger local public health and safety within the vicinity of the subject property. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. Public Hearing Application Packet Page 1 of 22 PUBLIC HEARING REQUIREMENTS Planning and Zoning Commission (2022) City of McHenry www.cityofmchenry.org/planning 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2181 à Fax: (815) 363-2173 The following information is intended to assist a petitioner applying for any development action requiring a public hearing before the Planning and Zoning Commission, including Map Amendments, Conditional Use Permits, Zoning Variances and Minor Variances, and Zoning Text Amendments. A typical development action will take from 45 to 90 days to process. REQUIRED FORMS AND ATTACHMENTS For all actions requiring a public hearing, information must be submitted in accordance with the following checklist: CHECKLIST Zo n i n g M a p A m e n d m e n t Co n d i t i o n a l U s e P e r m i t Zo n i n g V a r i a n c e Zo n i n g T e x t A m e n d m e n t Zo n i n g V a r i a n c e - M i n o r Us e V a r i a n c e Pl a n n e d U n i t D e v e l o p m e n t Su b d i v i s i o n 1 Application Fee (Page 2) X X X X X X X X 2 Narrative Description of Proposal X X X X X X X X 3 FORM A - Public Hearing Application (Page 5) X X X X X X X X 4 FORM B – Zoning Map Amendment Application (Page 10) X 5 FORM C – Conditional Use Permit Application (Page 11) X X 6 FORM D – Zoning Variance Application (Page 13) X X 7 FORM E – Use Variance Application (Page 16) X FORM F – Planned Unit Development Application (Page 18) X X 8 FORM G – Plat/Development Application (Page 20) X 9 Proof of Ownership and/or Notarized Written Consent from the Property Owner X X X X X X X 10 Plat of Survey with Legal Description X X X X X X X 11 List of Owners of all Abutting Properties X X X X X X 12 Public Hearing Notice (Drafted by staff, sent by petitioner) X X X X X X X 13 Site Plan X X X X X X X 14 Landscaping Plan ? ? ? ? X X 15 Architectural Rendering of Building Elevations ? ? ? ? X ? 16 Traffic Analysis ? ? ? ? ? ? 17 School Impact Analysis ? ? ? ? ? ? Public Hearing Application Packet Page 2 of 22 SUBMITTAL OF APPLICATION FORMS AND ATTACHMENTS - REQUIRED COPIES All forms and applications must be submitted concurrently in PDF format. 2022 PUBLIC HEARING DATES AND APPLICATION DEADLINES Public hearings before the Planning and Zoning Commission are held at 7:00 p.m. in the City Council Chambers, at the McHenry Municipal Center, 333 S. Green Street, McHenry, IL 60050. In the event of COVID-19 or other emergency incident that allows for remote public meetings, the City may elect to host the meeting online using the Zoom Web Conferencing Application. To be considered for scheduling before the Planning and Zoning Commission, all required application forms and attachments must be submitted to the City Planner, Cody Sheriff csheriff@cityofmchenry.org, who is located at the McHenry Municipal Center, no later than 4:30 p.m. on the date of the application deadline. A public hearing date will be confirmed only if all application forms have been completed correctly and all required attachments have been provided. APPLICATION FEES Note: * The applicant is required to pay all the City’s personnel expenses incurred in relation to their request which may require a retained personnel deposit (escrow) for any outside consultation. Public Hearing Dates Application Deadlines Public Notice Deadline January 17, 2024 December 22, 2023 December 29, 2023 February 21, 2024 January 26, 2024 February 2, 2024 March 20, 2024 February 23, 2024 March 1, 2024 April 17, 2024 March 22, 2024 March 29, 2024 May 15, 2024 April 19, 2024 April 26, 2024 June 19, 2024 May 24, 2024 May 31, 2024 July 17, 2024 June 21, 2024 June 28, 2024 August 21, 2024 July 26, 2024 August 2, 2024 September 18, 2024 August 23, 2024 August 30, 2024 October 16, 2024 September 20, 2024 September 27, 2024 November 20, 2024 October 25, 2024 November 1, 2024 December 18, 2024 November 15, 2024 November 22, 2024 Zoning Map Amendment (Rezoning)$950 Conditional Use Permit (CUP) / Planned Unit Development (PUD)$950 Zoning OR Use Variance $950 Zoning Ordinance Text Amendment $950 Staff Plat Review $950 Zoning Variance – Minor $175 Public Hearing Application Packet Page 3 of 22 PUBLIC NOTIFICATION REQUIREMENTS In order to advise adjacent property owners and the general public of a public hearing, the petitioner must complete certain public notice requirements, including: 1) A hearing notice must be published in a local newspaper; 2) A notice must be sent to all property owners abutting or across the street (right-of-way) from the subject property; and 3) A sign must be posted on the property (except for minor variances). 1. Publish a hearing notice in the local edition of Northwest Herald newspaper for one day. The City Planner will draft a legal notice for the petitioner to send to the Northwest Herald. After reviewing the notice, and the information provided is deemed correct by the petitioner, the notice should be sent directly to the Northwest Herald, preferably by electronic mail, also indicating billing for the notice should be sent directly to the applicant rather than the City of McHenry: Shaw Media – Northwest Herald (815) 526-4459 (630) 368-8809 fax P.O. Box 250 Crystal Lake, IL 60039 publicnotice@nwherald.com If you e-mail the public notice, please call and confirm receipt of said notice at 815-526-4459 or the Classified Manager at 815-526-4439. NOTE: The notice must be provided to the newspaper at least three days prior to the desired publication date by 11:00 a.m. 2. Send a copy of the hearing notice via First Class Mail to the owners (last known taxpayer) of all parcels of property that are abutting or across the street (right-of-way-improved or unimproved public street, alley, body of water or railroad) from the subject property. The City Planner will provide the petitioner with a list of adjacent property owners. 3. Post a sign in the front yard of the subject property where it is visible from a public street and no further than thirty (30) feet from the edge of the right-of-way. A poster sign is provided by the City but it must be posted by the applicant if requested by City Staff. The sign must remain in place until the public hearing is concluded, and should be removed immediately thereafter. NOTE: Requests for Minor Variance are exempt from sign posting requirements. A Minor Variance is defined as follows: MINOR VARIANCE: a variance granted to the fee owner, contract purchaser or option holder of a single-family detached or attached dwelling or single-family detached or attached building lot for that dwelling or lot. Public Hearing Application Packet Page 4 of 22 VERIFICATION OF PUBLIC NOTICE In order to verify the completion of the public notice requirements, the applicant must provide the following items to the City Planner preferably at least five (5) days in advance of the public hearing (or on the date of the hearing with City of McHenry approval): 1. A “Certificate of Publication” from the Northwest Herald for the hearing notice. 2. A signed and notarized affidavit stating that the applicant has completed all of the public notice requirements. (located on Form A) The affidavit should not be submitted until all notification requirements have been met. If you don’t have access to a notary, you can complete this document at City Hall, where a notary is available. Quick Links: x Interactive Planning, Land Use, and Zoning Maps Public Hearing Application Packet Page 5 of 22 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 1. Name of Applicant Ben Keefe, Commander Tel 847-815-4973 Address 3002 W Route 120 McHenry, IL 60051 Fax Email ________post4600cdr@outlook.com______________________________________________ 2. Name of Property Owner VFW Veterans Club, Inc Tel 815-385-4600 (If other than Applicant) Address same Fax Email ____same__________________________________________________ 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 VFW Post 4600 6. PIN#(s) 09-25-352-025________________________________________________________ 7. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) X Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) Use Variance ___ Planned Unit Development ___ Subdivision/Plat Development FORM A Public Hearing Application Packet Page 6 of 22 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested. The narrative description may also be included as a separate attachment. Honorable Members of the Zoning Board, The VFW Post 4600 would like to present a proposal to expand upon our organizations mission of providing services to the McHenry community, by improving our existing outdoor space to allow community entertainment opportunities. We propose the construction of a small pavilion in the southeast corner of our property. This pavilion will serve as a focal point for hosting live entertainment and special events during the warmer months of the year. Our vision is to create a space that promotes community engagement in a safe family orientated way. The pavilion will offer a platform for local performers to showcase their talents, providing exposure and recognition for our homegrown artists. Additionally, the space will be available for use by community organizations, schools and local businesses to host a variety of events. By providing access to this new entertainment space we hope to create opportunities for collaboration and celebration. The usage schedule would depend on the demand, but we would anticipate access for entertainment two-three days a week during warm months, weather permitting. Early evening hours would be the target time for most events with a maximum ending time of 10pm on weekdays and 11pm on weekends. We anticipate crowds of 500-1000 people per event, of which we have more that adequate on property parking for. In conclusion, the construction of a pavilion represents an unparalleled opportunity to invest in the social, cultural, and economic prosperity of our community. We urge the Zoning Board to support this proposal and collaborate with us in transforming this vision into a reality that will benefit all residents for years to come. Thank you for your time and consideration. Public Hearing Application Packet Page 7 of 22 Current Use of Property Banquet Hall, Restaurant, Bar, Baseball fields 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) C-5 9. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: Unincorporated residential South: C-5 East: C-5 and BP West: Unincorporated residential and RM-1 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 950 2. Narrative Description of Request X 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application X 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 7. FORM F – Planned Unit Development Application 7. FORM G – Subdivision/Plat Development Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City) 13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Public Hearing Application Packet Page 8 of 22 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) Ben Keefe Commander Public Hearing Application Packet Page 9 of 22 AFFIDAVIT OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS (TO BE COMPLETED AFTER ALL PUBLIC HEARING REQUIREMENTS ARE FULFILLED) The undersigned, being first duly sworn, on oath deposes and states that the attached list of adjoining property owners have been properly notified via First Class Mail or Certified Mail, and all other public notice requirements provided in the City of McHenry Zoning Ordinance have been met in connection with the current application before the City of McHenry. Filed by: _________________________________________________________ For approval of: See attached notice. ______________________________________ (Applicant’s Signature) ______________________________________ (Applicant’s Name and Address) ______________________________________ Subscribed and sworn to before me this ___ ______ day of ___________, 2023. __________ Notary Public REQUIRED ATTACHMENT: List of Adjoining Property Owners & Legal Notice Publication Public Hearing Application Packet Page 10 of 22 FORM B File Number ZONING MAP AMENDMENT (REZONING) Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à 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. 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. 3. Consistent with Comprehensive Plan Objectives The proposed use(s) or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 4. Furthers Public Interest The proposed use(s) or zoning classification promotes the public interest and not solely the interest of the applicant. Public Hearing Application Packet Page 11 of 22 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à 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. We do not anticipate any traffic problems 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. We do not foresee any additional adverse effects with the facility improvement, but should any arise the VFW is committed to controlling them. 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. This use will be an improvement to the property and will fit in with the area. Public Hearing Application Packet Page 12 of 22 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. This use will not be a burden on Public Services or Facilities 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. Correct. Safety of our employees and customers is a priority for the VFW 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Yes, this location already hosts outside events including live music and baseball games. Public Hearing Application Packet Page 13 of 22 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à 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. 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. Public Hearing Application Packet Page 14 of 22 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. 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. 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. 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. Public Hearing Application Packet Page 15 of 22 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. 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. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Public Hearing Application Packet Page 16 of 22 FORM E File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 §11-19-6 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. Public Hearing Application Packet Page 17 of 22 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Public Hearing Application Packet Page 18 of 22 File Number FORM F PLANNED UNIT DEVELOPMENT Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 §11-20-5 of the City of McHenry Zoning Ordinance provides that the City Council, Planning & Zoning Commission, and Zoning Administrator shall evaluate applications for planned unit developments with specific written findings based on a balance of both the standards provided below and the approval criteria for conditional uses (Form C) listed in §11-15-5 of the City of McHenry Zoning Ordinance. Please respond to each of these conditions as it relates to your request. 1. The proposed planned unit development fulfills the objectives of the Comprehensive Plan, and other land use policies of the City, through an innovative and creative approach to the development of land. 2. The proposed planned unit development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site. 3. The proposed planned unit development will provide landscaping and screening that enhances the City's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses. Public Hearing Application Packet Page 19 of 22 4. The proposed planned unit development will provide site design and development that is based on sustainable principles to ensure that low impact alternatives are integrated into the proposed project. 5. The proposed planned unit development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation. 6. The proposed planned unit development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention. Public Hearing Application Packet Page 20 of 22 FORM G SUBDIVISION & PLAT DEVELOPMENT APPLICATION City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 1. Name of Applicant Tel Address Fax 2. Name of Property Owner Tel (If other than Applicant) Address Fax 3. Name of Engineer Tel (If represented) Address Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property 6. Requested Action Preliminary Plat Final Plat Development Provide a brief description of the Requested Action. For example, indicate the number of lots and the type of subdivision (single-family, townhome, commercial, industrial, etc.) or include a description of the development project. May also be included as a separate attachment. Public Hearing Application Packet Page 21 of 22 Current Use of Property 7. Current Zoning Classification of Property, Including Variances or Conditional Uses 8. Current Zoning Classification and Land Use of Adjoining Properties North: South: East: West: 9. Required Attachments - Please refer to the attached checklist. 10. 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. Public Hearing Application Packet Page 22 of 22 11. 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 the City process this application in accordance with the codes and ordinances of the City. Signature of Applicant(s) Print Name and Designation of Applicant(s)