HomeMy WebLinkAboutPacket - 5/15/2024 - Planning and Zoning Commission
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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.