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HomeMy WebLinkAboutPacket - 5/15/2024 - 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, May 15, 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: April 17, 2024 5. Public Input – (five minutes total on non-agenda items only) 6. Z-2024-02 – Request for a Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High Density Single-Family Residential District for the property located at 4707 Waukegan Road. Petitioner: Neil L Calanca 7. Z-2024-10 – Request for a Use Variation to operate a model home/leasing office at the property located at 5000 Key Lane. Petitioner: Cunat Exchange III, DST. 8. Z-2024-11 – Request for a Conditional Use Permit to operate a future Drive-Thru Restaurant at the property located at 366 Bank Drive. Petitioner: Park View Plaza LLC. 9. Open Discussion 10. Staff Report: Next Meeting Date: June 19, 2024 11. Adjourn City of McHenry Planning and Zoning Commission Minutes April 17, 2024 Chairwoman Rockweiler called the April 17, 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, Bremer, and Davis. Absent: Commissioner Gleason. Also in attendance were City Planner Cody Sheriff, Community Development Director Ross Polerecky, and Deputy City Clerk Monte Johnson. Approval of the Agenda: A motion was made by Commissioner Riley and seconded by Commissioner Lehman to approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. Approval of Minutes: Approval of the March 20, 2024, regular meeting minutes as presented. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer for approval as presented. Voice Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1- absent: Gleason. 0-nay; 0-abstained. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2024-04 Petitioner: Thomasz Lemiszka Request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales at 4719 W. Elm Street Chairwoman Rockweiler opened the file at 5:32 p.m. Planner Sheriff stated that all publication requirements have been met. Mr. Lemiszka was sworn in and explained he wants to open a used car lot at 4719 W Elm. Planner Sheriff explained that this is proposed to go at the corner of Route 120 and Meadow Lane. It was approved previously in 2018 for the same use. They are proposing to construct a fence on the property line which would encroach on the setback, but that is an action for City Council. There are several other car dealerships nearby, so this use is in harmony with the area, and Staff does not anticipate any adverse impacts to the property owners. Automobiles would need to be stored on asphalt or concrete and not on the grass. The landscape plan is shown but needs to be finalized with a couple of shrubs. Commissioner Locke asked if they had other car dealership operations and the petitioner stated this would be his first. He is not the property owner and expects to have 10-20 vehicles. Planning and Zoning Commission April 17, 2024 Page 2 Commissioner Locke asked if the sign that exists would stay or be changed. The petitioner explained that he would put up a sign, but the existing sign is not part of the property or anything that he would be doing. Chairwoman Rockweiler opened the public hearing for File Z-2024-03 at 5:37. With nobody wishing to speak, the hearing was closed at 5:37 p.m. All board members agreed that they had no issues with the request, and with similar uses nearby and having this use being previously approved at this location, there were no objections. A motion was made by Commissioner Locke and 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 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, I agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. File Z-2024-03 was closed at 5:39 p.m. File No. Z-2024-06 Petitioner: Pastor Kurt Gamlin of First United Methodist Church 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 Chairwoman Rockweiler opened the file at 5:39 p.m. Planner Sheriff stated that all publication requirements have been met. Pastor Gamlin and Lynn Schnelker were sworn in. Ms. Schnelker stated that the church has been around as long as the City, and they are just trying to bring things up to date. Planner Sheriff stated that the church predates the City of McHenry and the zoning ordinances. They are requesting additional abilities to get more funding sources for the church. They are looking to allow rental storage within the church Planning and Zoning Commission April 17, 2024 Page 3 structure itself. They also already have a kitchen, so operating a commercial kitchen should not cause any adverse impacts to the area. Given the longevity of the use, Staff has no objections to the request subject to the conditions of approval. Chairwoman Rockweiler asked if providing rental storage would impact the functions of the usage of a church. It was explained that this use variance would only allow the storage if the church was being used as a church. The public hearing for file Z-2024-06 was opened at 5:45 p.m. With nobody wishing to speak, the hearing was closed at 5:45 p.m. No members of the Planning & Zoning Commission had any issues with the request. A motion was made by Commissioner Lehman and seconded by Commissioner Locke 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, I agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. A motion was made by Commissioner Davis and seconded by Commissioner Riley 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. The use of the property for rental storage space (mini-warehouse) shall be limited to the principal church structure. No outdoor storage shall be permitted. 3. All commercial deliveries servicing said commercial uses shall be conducted in the south parking lot. And by making said motion, I agree that the approval criteria for Use Variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. A motion was made by Commissioner Locke and seconded by Commissioner Lehman to recommend approval of the petitioner’s request for any zoning variations necessary to Planning and Zoning Commission April 17, 2024 Page 4 accommodate the existing principal and accessory structures AND by making said motion, I agree that the approval criteria for Variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. File Z-2024-06 was closed at 5:49 p.m. File No. Z-2024-05 Petitioner: Vantage McHenry Holdings LLC Request for a Use Variance to allow the Outdoor Storage of Automobiles, Recreational Vehicles, Trailers, and Equipment as the Principal Use Chairwoman Rockweiler opened the file at 5:49 p.m. Nate Wynsma was present and sworn in. Planner Sheriff stated that all public hearing requirements were met. Mr. Wynsma explained that they own a parcel of land south of the Fox River Shops, south of Diamond Drive. The area is proposed near the former Route 53 bypass right-of-way. There are 25.5 acres, much of which is wooded and wetlands. The area that is primarily farmed is the part that is being proposed for development. The variance would allow them to have a storage facility that is professionally operated. They would develop less than 30% of the property and keep the rest natural. They have easements for the existing paved area to get to their property. They would preserve the wetlands, run a professional operation, and have an automated and gated electronic entry, and it would be secured, surrounded by fence, and well lit. They intend to cater primarily to businesses for trucks, equipment, RVs, boats, and trailers. There would be no short-term use with all long-term leases and no overnight stays. Planner Sheriff stated that the use variation is for outdoor storage. Staff visited the site and noted that the storage area would be mostly farmed land. He took a picture from the existing townhomes, and they can’t even see the farmed area due to it being heavily wooded. With the natural separation, Staff does not anticipate any adverse impacts on the townhomes. Included in the conditions of approval is that they must maintain the natural screening of the site or some type of appropriate substitution. Commissioner Locke asked if they would use an asphalt pad. Mr. Wynsma explained that it would be a hard surface of recycled asphalt that is striped. Commissioner Locke stated he was concerned about runoff. It was explained that this will be handled through the final engineering with surveys and plans to d=help drain it. It generally runs south and east towards the wetlands. It is naturally sloped. If needed, they would incorporate storm basins that would hold a certain volume and would clean the runoff before being discharged. Mr. Locke asked what the heavy equipment consisted of. It was explained that Planning and Zoning Commission April 17, 2024 Page 5 this would be similar to trucks that Asplundh has. Many companies have trucks that drivers can’t take at home at night and park in subdivisions. They hope to cater to similar fleet companies. Chairwoman Rockweiler opened the public hearing at 5:59 p.m. With nobody wishing to speak, the public hearing was closed at 5:59 p.m. Commissioner Riley stated that he had no worries about the request. Commissioner Davis asked if storage containers would be the primary storage. It was explained that vehicles would be primarily stored there but some containers might be mixed in. Commissioner Bremer asked if people traveling with motor homes would stay there with the overnight trucking. It was explained that there can be no overnight sleeping. The motorhomes that would be parked there would belong to RV businesses and not individuals. Commissioners Lehman and Locke had no problem with the request. A motion was made by Commissioner Lehman and seconded by Commissioner Davis 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. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. File Z-2024-05 was closed at 6:03 p.m. File No. Z-2024-07 Petitioner: VFW Veterans Club Inc. Request for a Conditional Use Permit to allow Outdoor Amusement and Live Entertainment in conjunction with the operation of an Outdoor Amphitheater/Pavilion Commissioner Riley excused himself from the dais, joined the public seating area, and refrained from participating in the discussion to avoid a conflict of interest. Chairwoman Rockweiler Planning and Zoning Commission April 17, 2024 Page 6 opened the file at 6:03 p.m. Ben Keefe and Mike Miller were present to represent the petitioner and were both sworn in. City Planner Sheriff stated that all public notice requirements have been met. Mr. Keefe explained that they would like to build a pavilion for outdoor entertainment. Planner Sheriff stated that some things to consider is that without setting limitations, the conditional use permit would allow them to use the pavilion however and whenever they wanted. Typically, the Commission would discuss what hours should be allowed for different days of the week and the location of sound amplification devices. Other things to consider would be if security should be required when alcohol is served. The City’s comprehensive plan recommends keeping this type of activity away from a residential area. Being next to a residential area, this would not comply with the comprehensive plan. This would support tourism, which does keep in harmony with the comprehensive plan. The type of impact on the adjacent property owners should be considered and if the positives outweigh the negatives. Commissioner Davis asked where the placement of speakers would be. It was explained that the speakers would be on the stage or directly in front of the stage and not remote. This would be similar to what is at Veterans Park. Chairwoman Rockweiler asked where the audience would sit. It was explained that the people watching the performance would sit in the outfield in chairs or on blankets. Commissioner Davis asked about the number of parking spaces available. Planner Sheriff explained that a requirement is to have 25% of parking spaces available based on occupancy. If the maximum number of spectators would be 1,000, they would be required to have 250 parking spaces. The VFW currently has 325 parking spaces so they will meet the City’s required minimum. It was also asked how this would work with the baseball schedule. Mr. Keefe explained that they would schedule around baseball games. Events would not be held when any baseball games are scheduled on any fields. Commissioner Locke asked how many events they have planned. Mr. Keefe explained that they don’t have events planned yet because it would take a year to build the structure and they can’t schedule anything until they have approval, and it is built. The realistically anticipate having 15-20 events in an entire year. Restrooms are available near the baseball field and would initially be supplemented with portable restrooms, but if successful, the existing restrooms would be expanded. Commissioner Locke also asked how security would be handled. Mr. Keefe stated that he would like to use the McHenry Police Department for security. Director Polerecky explained that it is not possible to hire them out as private security. A discussion ensued regarding the hours of operation and the existing noise restrictions on current businesses doing live entertainment. Planner Sheriff explained that Buddyz has a conditional use permit and must stop music by 10:00 p.m. on weekends. DC Cobbs is limited by the nuisance ordinance, which means nothing can be heard past 50 feet of the property line after 11:00 p.m. Planning and Zoning Commission April 17, 2024 Page 7 The conceptual drawings were shown and discussed in relation to how the sound would carry. Mr. Keefe stated that they would probably only have one concert on one night of the week but would not want to interfere with the Thursday concerts at Pearl Street. Chairwoman Rockweiler stated her concern for how this would interfere with baseball. Commissioner Bremer asked if there was a way the Commission could protect baseball, and Planner Sheriff stated that the property is owned by the VFW and they have the ability to stop baseball whether this passed or not. Chairwoman Rockweiler opened the public hearing portion of the meeting at 6:23 p.m. Kurt Thomas was sworn in. He stated that he lives along side the baseball field and explained that karaoke already is a nuisance. He also does not have a fence but only a row of trees. There is not enough parking, and he worries that outhouses would be right outside his backyard. Planner Sheriff stated that the neighborhood is about 550 feet from the proposed structure, but that Mr. Thomas lives in the opposite side of the VFW and that the pavilion is nowhere near his home. Mr. Thomas then dropped his objections to the proposal. Linnea Thennes was sworn in. She stated that she has been neighbors with the VFW for 40 years and has enjoyed it. She loves seeing the baseball and some of the acoustic sound from the patio. She admires what the VFW has been able to accomplish so far. She lived through the Queen of Hearts and was ok with that because it was only temporary. She believes there needs to be more consideration for those living nearby and hopes to continue to enjoy being neighbors with the VFW. Annie Shulfer was sworn in. She has been living near the VFW for 31 years. Her kids grew up playing baseball and has had the VFW as a backyard. With only 22 weekends a year and only 52 weeks a year, by the time you subtract the winter months, it appears that every nice weekend will have concerts. They already can’t have their windows open due to the noise. She has nothing against the VFW and believes in supporting them but does not see how this would support veterans and the community. McHenry does not need another place for people to get drunk, and people already fight with their wives and pee outside her window. She hopes they can find somewhere else to build this. Jeff Shulfer was sworn in. He stated that he is not a sound expert but thinks the pavilion will throw sound directly at their home. The karaoke is already too loud, and he hopes they can find a better use for their money. Leslie Freund was sworn in. She worries about the noise and traffic issues. She lives next to the side road going to the VFW. The traffic at night and weekends is already bad. Traffic needs to be addressed. Angie Imlah was sworn in. She doesn’t live near the VFW or baseball fields, but her kids grew up on those fields. She came tonight to see the intention and make sure it does not impact the baseball organization. She feels sorry for the neighbors and appreciates that the kids get to play Planning and Zoning Commission April 17, 2024 Page 8 there. She worries that even thought the VFW intends to work with the baseball organization, there are only so many days and nights to schedule games, especially with rainouts. She also fears that the field will be damaged, and an agreement needs to be made to maintain those fields. Dan Trujillo was sworn in. He expressed his concerns for what could happen with the traffic. The roads get backed up and when not backed up people fly down the roads. They try to yell at traffic to slow the cars down. Chairwoman Rockweiler closed the public hearing at 6:45 p.m. Mr. Keefe explained that the property for the VFW was purchased in the 1940s to provide baseball for the community. They have members in their organization who played as children in the ‘50s. Baseball is a big part of who they are, and they do not intend to disrupt baseball in any way. They want to make improvements to the fields and want to strengthen the program. Regarding security, the VFW has some members who have volunteered to do security, and they intend to get that figured out. Regardless of this moving forward, he intends to look into the people using the restroom near homes. They want to be good neighbors and will do what is necessary. Commissioner Locke does not see an issue with the VFW’s request as they seem willing to work with the baseball program. Commissioner Leham does not have an issue with the request as long as they abide by the time restrictions. Commissioner Bremmer would like to implement time modifications to the conditional use. She also wants to have a condition that makes them provide support for the traffic. After discussion, it was decided that they would add a condition that the property owner must install a City approved traffic calming device. A long discussion ensued regarding restrictions on the days and times for concerts. A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to recess the meeting at 7:28 p.m. Chairwoman Rockweiler reconvened the meeting at 7:41. The following members were present: Rockweiler, Locke, Davis, Bremer, and Lehman. Commissioner Riley remained in the room but not as present for board purposes and not part of the discussion. A motion was made by Commissioner Lehman and seconded by Commissioner Locke 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 music-related events. 2. Music Related Events: o Events with sound amplification devices shall be limited to Fridays from 5:00 p.m. – 11:00 p.m. and Saturdays from 9:00 a.m. – 11:00 p.m. Planning and Zoning Commission April 17, 2024 Page 9 o Events without sound amplification devices (acoustic only) shall be limited Monday-Thursday from 5:00 p.m. to 10:00 p.m. and Friday-Sunday from 9:00 a.m. to 11:00 p.m. 3. Non-Music Related Events: o Non-Music events utilizing the amphitheater may include the use of a sound amplification device for non-music related activities. 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. 6. The Property Owner shall install traffic calming device(s) and signage to be approved at the discretion of the Zoning Administrator. Roll Call Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, and Lehman. 1- absent: Gleason. 0-nay; 1-abstained: Riley. Motion Carried. File Z-2004-07 was closed at 7:48 p.m. Commissioner Riely rejoined the dais at 7:48 p.m. Open Discussion: Chairwoman Rockweiler stated that Planner Sheriff visited the high school and discussed the work he does with the government classes. She was also a guest speaker for how local residents can get involved in local government. Commissioner Bremer will be at the high school tomorrow for an expo. Staff Report: Planner Sheriff explained that there are three items already on the agenda for the next meeting. A drive through will be proposed for the Park Plaza near Jimanos. This will be for a restaurant use for a future tenant. A zoning map amendment will be coming for a property on Waukegan Road. Cunat also wants a use variation to have a leasing office at Patriot Estates. The comprehensive plan is still being worked on by the consultants. Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to adjourn the meeting at 7:53 p.m. Voice Vote: 6-ayes: Commissioners Rockweiler, Locke, Davis, Bremer, Riley, and Lehman. 1-absent: Gleason. 0-nay; 0-abstained. Motion Carried. Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The property owner, Neil L Calanca, is requesting approval of a Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High Density Single-Family Residential in order to allow a 2-lot subdivision and construction of a future single-family residence on the newly created lot (western most half of existing) for the property located at 3707 Waukegan Road. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Zoning Map Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance. STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned RA-1 Attached Residential District with a single-family residence. The surrounding land use and zoning is a mixture of RS-4 High Density Single Family Residential and RA-1 Attached Residential with a mix of single-family and duplex land use. Staff does not anticipate the rezoning of the property would be out of character or in conflict with the existing neighborhood. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as Medium Density Residential. Staff believes the development is consistent with the Future Land Use Map Recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents.” (p. 27) Staff believes that rezoning of the lot would allow for increased access to housing near the downtown and therefore promote a higher quality of life to residents. STAFF SUMMARY ANALYSIS • Staff believes the petitioner’s request to rezone the property to RS-4 High Density-Single Family Residential District would not compromise the character of the neighborhood. • Other property adjacent and near to the subject property are zoned RS-4 and therefore staff believes the request matches the trend in the area. 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 Zoning Map Amendment from RA-1 Attached Residential District to RS-4 High-Density Single-Family Residential District for the property located at 3707 Waukegan Road. AND By making said motion, you agree that the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5). Staff comments italicized below. A. Compatible With Use Or Zoning of Environs. The surrounding zoning primarily consists of RA-1 Attached Residential and RS-4 High Density Single Family Residential. Therefore, staff believes the petitioner’s request to rezone the property to RS-4 High Density Single-Family Residential would be consistent with the surrounding land use and zoning. B. Supported by Trend of Development Staff believes the proposed request is consistent with the trend in RS-4 High Density Single-Family Residential Zoning in the area. C. Consistent with Comprehensive Plan Objectives. Staff believes the request is consistent with the objective of promoting housing near the Downtown. The site is located within walking distances of the Green Street and Main Street subareas. Approval of the request would be consistent with supporting additional density near the downtown. D. Furthers Public Interest Staff believes the request furthers the public interest by promoting additional housing near the Downtown. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. Public Hearing Application Packet Page 5 of 22 File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street à McHenry, IL 60050 à Tel: (815) 363-2170 à Fax: (815) 363-2173 1. Name of Applicant Tel Address Fax Email ____________________________________________________________________________ 2. Name of Property Owner Tel (If other than Applicant) Address Fax Email ____________________________________________________________________________ 3. Name of Engineer Tel (If represented) Address Fax Email____________________________________________________________________________ 4. Name of Attorney Tel (If represented) Address Fax Email_____________________________________________________________________________ 5. Common Address or Location of Property 6. PIN#(s) __________________________________________________________________________ 7. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Zoning Variance – Minor (Residential) Conditional Use Permit Zoning Text Amendment Zoning Variance (Non-residential) Use Variance ___ Planned Unit Development ___ Subdivision/Plat Development FORM A NEIL L.CALANCA 847-651-3518 18753 West Casey Road 847-249-7575 neilcalanca@yahoo.com Same as above NEIL L. CALANCA 847-249-7500 314 West Clayton Street Waukegan, Il 60085 847-249-7500 neilcalanca@yahoo.com 3707 West Waukegan Rd McHenry, IL 09-26-382-002 ✔ Public Hearing Application Packet Page 6 of 22 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested. The narrative description may also be included as a separate attachment. The property in question sits on a lot 100 feet by 100 feet. From my understanding the minimum lot size to buile is 100 feet by 50 feet. The other homes on this street have similar lot sizes. The home sits on one lot. The vacant lot west of it could easily be subdivided (to conform to your code) to 100 feet by 50 feet. I am simply asking to rezone this lot so I can eventually build a new home the the property. Public Hearing Application Packet Page 7 of 22 8. Current Use of Property 9. Current Zoning Classification of Property, Including Variances or Conditional Uses (Interactive Zoning Map) 10. Current Zoning Classification and Land Use of Adjoining Properties (Interactive Zoning Map) North: South: East: West: 11. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A – Public Hearing Application 4. FORM B – Zoning Map Amendment (Rezoning) Application 5. FORM C – Conditional Use Application 6. FORM D – Zoning Variance Application 7. FORM E – Use Variance Application 8. FORM F – Planned Unit Development Application 9. FORM G – Subdivision/Plat Development Application 10. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 11. Plat of Survey with Legal Description 12. List of Owners of all Adjoining Properties 13. Public Hearing Notice 14. Sign (Provided by the City) 15. Site Plan 16. Landscape Plan 17. Architectural Rendering of Building Elevations 18. Performance Standards Certification 19. Traffic Analysis 20. School Impact Analysis Single family home. RA-1 Attached Residential District RA-1 Attached Residential District RS 4 High Density Single Family Residential District RA-1 Attached Residential District RA-1 Attached Residential DistrictR 4 950.00✔ ✔ ✔ ✔ Public Hearing Application Packet Page 8 of 22 12. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation’s officers, directors, and registered agents, or the partnership’s general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 13. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) NEIL L. CALANCA 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. Yes, there are many homes on this street/in this subdivision which are single family. It appears to me that the trend in this area supports single family homes. I believe this classication will be harmonious with the entire area. It is my belief that the public interest will be best served in a single family residence, preserving the integrity of the neighborhood, and the City Of McHenry. 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 property owner, Cunat Exchange III, DST., is requesting the following zoning approval(s) to operate a model home/leasing office at 5000 Key Lane: 1. Request for a Use Variation to operate a model home/leasing office. The subject property is part of the Patriot Estates Subdivision plated in 2007. The covenants and restrictions originally identified the subdivision as an owner-occupied, condominium development. Since that time, the property owner has purchased all remaining units and operates the subdivision as a rental establishment. Due the nature of operations, the petitioner desires to maintain a leasing office/model home in one of the corner units located at 5000 Key Lane. As such, the principal use of the end unit would be professional office space and therefore, a Use Variation is required to allow an office/model home on the property. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned RM-2 High Density Multifamily Residential District. The surrounding townhome multifamily properties are also owned by the petitioner. Staff believes the location of the proposed model home/leasing office on the corner end unit would be the least impactful. Staff does not anticipate the proposed use would negatively impact the adjoining unit. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map identifies this property as Medium Density Residential. Staff believes the development is somewhat consistent with the future land use map recommendation because the use services the existing residential. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents.” (p. 27) Staff believes the proposed use of the property as a model home/leasing office is appropriate given that the use is a subsidiary use to service the existing residential development. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) Staff believes the use of the property as a model home/leasing office will pose a small impact to the adjoining residential area. The use of the subject property is in service of the existing development and is therefore ancillary to the principal use. STAFF SUMMARY ANALYSIS • Staff believes the proposed use of the property is in substantial conformance with the future land use map recommendation for medium-density residential given that the use of the unit as a model home/leasing office is ancillary and in support of the principal use of the development as a rental, attached residential development. • Staff believes the location of the proposed model home/leasing office on the end unit of a corner lot is the least impactful to the entire residential development. Staff does not anticipate any adverse impacts on the adjoining residential units. 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 a model home/leasing office at the property located at 5000 Key Lane. 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 as a leasing office/model home is appropriate given the circumstances that the property being part of a rental development. Staff believes that denial of the request would generate a practical difficulty in servicing the residents of the units. 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 believes the request to operate a model home/leasing office this is under a special circumstance as it relates to the Subdivision being converted to a rental development and is therefore a unique circumstance. 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. The surrounding area consists of rental townhomes which the proposed use would service. 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 residential development and not altering local character. 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, Park View Plaza LLC., is requesting approval of a Conditional Use Permit to operate a future drive-thru restaurant (occupant TBD) on the southeast corner unit of Park View Plaza Commercial Subdivision located at 366 Bank Drive. The petitioner desires approval of a conditional use permit to attract a future drive- thru restaurant tenant. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned C-5 Highway Commercial District and is surrounded by other C-5 zoned properties. Staff does not anticipate the proposed use of the property would impact the surrounding property owners. The primary concern is how the proposed drive-thru will impact the existing commercial tenants located in the multitenant building. The proposed drive-thru plan indicates the petitioner can accommodate up to a maximum of five stacking spaces. Although limited, the site plan therefore meets the City’s minimum requirements for stacking spaces for drive-thru restaurants. Additional space does exist in the parking lot to accommodate additional overflow stacking but at the cost of compromising at least one directional lane of traffic. Overall, staff believes any overflow resulting from a future drive-thru tenant will impose a minor inconvenience as opposed to an actual hardship on the adjoining tenants and would be limited to the site and not the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The proposed use of the property for a drive-thru restaurant is in substantial conformance with the Future Land Use Map recommendation for commercial. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents.” (p. 27) Staff believes the proposed use of the property would provide an additional opportunity to attract a drive-thru style tenant on the south side of town. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) There are no adjoining residential or open space uses that would be impacted by the proposed development. STAFF SUMMARY ANALYSIS • The proposed use of the property for a drive-thru commercial restaurant is in substantial conformance with the future land use map recommendation for commercial. • Staff does not believe the development would generate any adverse impacts on the surrounding commercial properties. The primary concern is the impact of the drive-thru on the existing commercial tenants located within the multitenant building. • The petitioner is proposing a 5-stack commercial drive-thru restaurant which meets the minimum number of stacking spaces. There is additional stacking room for overflow into the parking lot. Staff believes any overflow traffic would cause a minor inconvenience as opposed to an actual hardship on the existing tenants. • Staff is including conditions of approval related to the installation of yellow safety striping in the alley. 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 operate a future drive-thru restaurant subject to the following conditions: 1. All development on site shall be in substantial conformance with the submitted plans. 2. The Property Owner shall install yellow pavement striping along the east building perimeter of the principal structure to be approved at the discretion of 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. Located off a state highway with direct access located off a minor collector road (Bank Drive) staff believes the existing traffic infrastructure and site layout is appropriate to accommodate the proposed use of the property. 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 existing character of the area is primarily commercial land use. Staff does not anticipate that approval of the request would be out of character with the other highway commercial uses. 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.