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HomeMy WebLinkAboutPacket - 7/17/2024 - Planning and Zoning Commission The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. PLANNING & ZONING COMMISSION MEETING NOTICE DATE: Wednesday, July 17, 2024 TIME: 5:30 p.m. PLACE: City Council Chambers, City Hall. 333 S Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Roll Call 3. Approval of the Agenda 4. Consideration of Approval of the Meeting Minutes: May 15, 2024 5. Public Input – (five minutes total on non-agenda items only) 6. Z-2024-13 – Request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with the operation of a Used Car Dealership and Zoning Variations to accommodate the existing principal structure at the property located at 3111 W IL-120. Petitioner: Lazychimp.com Inc. 7. Z-2024-14 – Request for a Conditional Use Permit to allow an Assembly Use at the property located at 4100 Shamrock Lane. Petitioner: Light House Church Assembly of God NFP. 8. Z-2024-15– Request for a Use Variance to allow Outdoor Live Entertainment at the property located at 1401 N Riverside Drive. Petitioner: Kyriakos Kopley (Riverside I LLC.) 9. Open Discussion 10. Staff Report: Next Meeting Date: August 21, 2024 11. Adjourn City of McHenry Planning and Zoning Commission Minutes May 15, 2024 Chairwoman Rockweiler called the May 15, 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, Riley, Bremer, and Gleason. Absent: Commissioner Lehman. Also in attendance were City Planner Cody Sheriff and Deputy City Clerk Monte Johnson. Approval of the Agenda: Members of the Commission unanimously approved the agenda via voice vote. Approval of Minutes: Approval of the April 17, 2024, regular meeting minutes as presented. A motion was made by Commissioner Bremer and seconded by Commissioner Locke for approval as presented. Voice Vote: 5-ayes: Commissioners Rockweiler, Locke, Gleason, Bremer, Riley. 1-absent: Lehman. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2024-02 Petitioner: Neil L Calanca 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 Street Chairwoman Rockweiler opened the file at 5:32 p.m. Planner Sheriff stated that all publication requirements have been met. Mr. Calanca was sworn in by Chairwoman Rockweiler. He stated that he would like to rezone the property to single-family and create a new lot to build a new single-family home. This would meet the exception to the subdivision rules, and once subdivided, the second home could be built. Chairwoman Rockweiler opened the public hearing at 5:34 p.m. Mike Zalinger was sworn in. He asked the petitioner if he was wanting to put a new house on the side, and if it would also be a single-family home. Mr. Calanca stated that was the plan. Mr. Zalinger explained that he was worried that the lot is too small for another house, and that this would cause too much traffic. Chairwoman Rockweiler closed the public hearing at 5:36 p.m. Mr. Calanca responded that he understands the concerns, but having only another single-family home would have less traffic than if he had a multi-family home. Planning and Zoning Commission April 17, 2024 Page 2 Planner Sheriff explained that the zoning ordinance requires 9,000 square feet, and that the petitioner would need to meet all setback requirements to build. All requirements for building would have to meet the standards of our ordinances. Commissioner Locke had no objection to the request. Commissioner Gleason asked if the current home is single-family, and Planner Sherrif stated that it was. The empty yard to the left (west) is where the new home would go. Commissioner Bremer has no issues with the request since the new home would have to meet our requirements. Commissioner Gleason has no issues with the single-family residence. Commissioner Riley stated that he has no issues with the request since it would have to meet our setbacks and follow the ordinances. A motion was made by Commissioner Gleason and seconded by Commissioner Riley 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, I agree that the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. Roll Call Vote: 5-ayes: Bremer, Locke, Rockweiler, Riley, Gleason. 1-absent: Lehman. Motion Carried. File Z-2024-02 was closed at 5:39 p.m. File No. Z-2024-10 Petitioner: Cunat Exchange III, DST Request for a Use Variation to operate a model home/leasing office at the property located at 5000 Key Lane Chairwoman Rockweiler opened the file at 5:39 p.m. Planner Sheriff stated that all publication requirements have been met. Brian Cunat was sworn in by Chairwoman Rockweiler. Planner Sheriff explained that the petitioner is under ownership of the current subdivision Patriot Estates, which is operating as a rental development. The current leasing office is southern section of the subdivision with duplexes. They would like to move the leasing office to 5000 Key Lane, which requires a use variance. This will make the leasing office several blocks from the duplex units and in the center of the townhome section. There is plenty of parking and the street in front of this unit is private. This will allow traffic to not block the street and will be handicap accessible. Chairwoman Rockweiler opened the public hearing at 5:45 p.m. With no members of the public wishing to speak, she closed the public hearing at 5:45 p.m. Planning and Zoning Commission April 17, 2024 Page 3 All commission members agreed that this request makes sense, is logical and straightforward, and no members had an issue with the request. A motion was made by Commissioner Locke and seconded by Commissioner Riley 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, I agree that the approval criteria for Use Variances have been met as outlined in the staff report. Roll Call Vote: 5-ayes: Bremer, Locke, Rockweiler, Riley, Gleason. 1-absent: Lehman. Motion Carried. File Z-2024-10 was closed at 5:46 p.m. File No. Z-2024-11 Petitioner: Park View Plaza LLC Request for a Conditional Use Permit to operate a future Drive-Thru Restaurant at the property located at 366 Bank Drive Chairwoman Rockweiler opened the file at 5:46 p.m. Planner Sheriff stated that all publication requirements have been met. The petitioner is requesting approval of a drive- through for an occupant that is yet to be determined. The property is primarily on a dominant highway commercial area. There is room for five stacking spaces, and additional overflow for stacking would be in the parking lot. Any overflow would not affect other properties or the roadways. Commissioner Gleason asked if this would go behind the building where garbage and dumpsters exist. Planner Sheriff explained that this is where the vehicles would be exiting, and the businesses would have to schedule garbage pickup when the drive-through is not open. It was stated that this is not uncommon for other businesses. The petitioner, Mark Ignas, was sworn in. Commissioner Gleason asked the petitioner if cars would be driving directly in front of the other businesses or going around to the outside. Mr. Ignas explained that a directional sign would be placed at the entrance of the parking lot. Chairwoman Rockweiler opened the public hearing at 5:57 p.m. With no members of the public wishing to speak, the hearing was closed at 5:57 p.m. Commissioner Locke stated that usually in drive-throughs the individuals stacked would have to go somewhere else, but even without knowing the hours of operation, he is not concerned about stacking and has no objections. Commissioners Bremer, Gleason, and Planning and Zoning Commission April 17, 2024 Page 4 Riley all stated that the drive-through appears that it would work and had no objections to the request. A motion was made by Commissioner Gleason and seconded by Commissioner Locke 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, I agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 5-ayes: Bremer, Locke, Rockweiler, Riley, Gleason. 1-absent: Lehman. Motion Carried. File Z-2024-11 was closed at 5:58 p.m. Open Discussion: Commissioner Locke explained that if you drive around town and see commercial and industrial chain linked fence, it can be open to debris and storage and can be an eyesore. He asks if there is something that can be done to make it more visually appealing. Planner Sheriff explained that if there are any changes to the zoning ordinance, we would not be able to hold existing conditions accountable because they would just be non-conforming. The issue with the property owner near the railroad tracks that was discussed does have a condition that it must be screened, and they are currently out of compliance. Currently the City is working on fining that business and is going through the adjudication court process. Commissioner Gleason stated that the signs are what bothers him the most. Some stores on Route 120 on the west side of town have empty sign holders or poles. Other buildings are unoccupied with deteriorating signs. Planner Sheriff does not believe we can do anything about unused sign poles or holders, but there is a maintenance code that we can follow for specific issues. The Castle Automotive banner/sign issue was also discussed. Planner Sheriff stated that many sign issues on Route 31 will not be addressed because the widening of that highway will cause many signs to be moved. Staff Report: Planner Sheriff explained that the City will soon be working on a complete revamping of the zoning code. This will be very involved and tedious. There are currently no items on the agenda for the June meeting. We may soon see a petitioner come forward for a gas station and convenience store on the corner of Route 31 and Bull Valley Road. Commissioner Locke asked if there was a potential opening date for the Trio gas station, but Staff is unable to make an educated guess. Planning and Zoning Commission April 17, 2024 Page 5 Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to adjourn the meeting at 6:19 p.m. Voice Call Vote: 5-ayes: Bremer, Locke, Rockweiler, Riley, Gleason. 1-absent: Lehman. 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 petitioner, Lazychimp.com Inc., is proposing to operate a used car/recreational vehicle dealership with outdoor displays at 3111 IL-120. In order to accommodate the development, the petitioner will need to receive approval of the following zoning requests: 1. Request for Conditional Use Permit to allow an Open Sales Lot in conjunction with Automotive Sales. 2. Zoning Variation to allow a 19.3’ corner side yard setback in lieu of the minimum 30’ required to accommodate the existing principal structure. The Subject Property was originally annexed in 1995 as part of a wave of annexations once the City received special approval from the State to annex across the Fox River. As part of the annexation, the property was then rezoned in 1996 to C-5 Highway Commercial and received a variance to allow the existing service station to operate within 600 feet of another service station. The Subject Property once contained a convenience store/gas station but has remained vacant for approximately 10 years. First constructed in 1972, the petitioner intends to rehab the existing principal structure which currently encroaches within the required corner side yard setback along River Road. Staff was unable to determine if the encroachment occurred due to a subsequent Right-of-Way dedication or if it was annexed to the City in its current form. Staff recommended the petitioner seek approval of the variance to accommodate said encroachment. CITY OF MCHENRY ORDINANCES • The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance • The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance STAFF ANALYSIS CURRENT LAND USE & ZONING The subject property is currently zoned C-5 Highway Commercial District and is surrounded by a mix of commercial and residential land use with the Shell Gas Station to the north, Camp Bow Wow to the east, single family residential to the south (Unincorporated), and single-family residential to the west but zoned C-3 Community Commercial. The primary concern is how the proposed use of the property will impact the residential land use to the south. The petitioner is aware that they will need to provide a landscape plan with a residential landscape screening strip in addition to a privacy fence as required by City Ordinances at the time of building permitting. Staff have included this as a condition of approval. Similar to past auto dealership sites approved by the Commission, staff is including conditions of approval related to the maintenance and upkeep of the display area. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends commercial land Use. The proposed use of the property for retail sales of used automobiles and recreational vehicles is in substantial conformance with the Future Land Use Map’s recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • Land Use, Objective – “Allow a mixture of land uses in appropriate areas to promote responsible growth while providing a high quality of life to the residents.” (p. 27) Staff believes the proposed use of the property as an automobile dealership is appropriate given the surrounding commercial land use fronting a major state highway. Sites within the vicinity of the subject property (i.e. Auto Villa) have sold automobiles for a number of years. Therefore, staff does not believe the proposed land use is out of character with the surrounding land use. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) The City of McHenry Zoning Ordinance requires landscaping and screening for commercial property abutting residential. The site currently sits vacant with limited screening of the noise generated from traffic on IL State Route 120. Staff believes new landscape screening would somewhat help screen the noise from IL-120 from the adjoining property owner. Given the limited size of the commercial property, staff doesn’t anticipate that commercial operations would generate any adverse impacts on the adjoining residential property. (staff report continues next page) SITE PLAN ANALYSIS • Landscape Screening. The petitioner has not submitted a landscape plan but intends to comply with the City’s landscape/screening ordinance which will be required at building permitting. The petitioner will be required to plant shrubs on average of 1 for every 3 feet of yard length in addition to canopy- canopy tree plantings along the residential property line to the south. Staff have included as a condition of approval that the petitioner shall be required to provide a landscape plan in conformance with the City’s Landscaping Ordinance as determined by the Zoning Administrator. • Outdoor Display of Vehicles. Similar to other petitions requesting approval to operate an open sales lot, staff is recommending a condition of approval not allowing the display of vehicles in the right-of- way which allows staff greater enforcement leverage if there are any violations. Additionally, staff have included a condition that requires the property owner to maintain the display area in a neat and orderly manner as determined by the Zoning Administrator. More specifically, staff have included a provision that requires the display of motor vehicles to be on a grass-free and paved asphalt or concrete surface. • Employee & Customer Parking. The Zoning Ordinance requires 1 space per 1,000 square feet of show room, plus 2 per service bay. Given the service bay on the side, staff estimates the subject property would be required to provide a minimum of 3 parking spaces. Although the site plan does not display the number of parking spaces to be provided, staff believes there is adequate room on site to accommodate the parking area. STAFF SUMMARY ANALYSIS • The principal structure was constructed in 1972. Staff does not anticipate that approval of the petitioner’s request for a corner side yard setback variance would generate any adverse impacts on the adjoining properties given the longevity of the use of the structure. • Located on a state highway, staff does not believe that approval of the request for automobile and recreational vehicle sales is out of character. At least one other property (Autovilla) is approved for an open sales lot for the display of motor vehicles. Staff does not believe approval of the request would generate any adverse impacts on the surrounding property owners nor would approval be out of character. • Staff have included as a condition of approval that the petitioner shall be required to provide a landscape plan in conformance with the City’s Landscaping Ordinance as determined by the Zoning Administrator. • Staff have included as a condition of approval that the property owner shall maintain the display area in a neat and orderly manner as determined by the Zoning Administrator and that the display of motor vehicles shall be prohibited in the right-of-way. • The site is in poor condition with grass and weeds growing throughout the asphalt area. Staff have included a condition of approval that the display of motor vehicles shall be kept on a grass-free and a paved asphalt or concrete surface. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following two motion(s) are recommended: 1st MOTION: I motion/move to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an Open Sales Lot in conjunction with automotive sales at the Subject Property, subject to the following conditions: 1. The Property Owner shall maintain the display area in a neat and orderly manner as determined by the Zoning Administrator. 2. The display of motor vehicles shall be kept on a grass-free and paved asphalt or concrete surface. 3. The display of motor vehicles shall be prohibited in the Right-of-Way. 4. The Property Owner shall submit a landscape plan in conformance with the City of McHenry Landscape Ordinance as determined by the Zoning Administrator. AND by making said motion, you agree that the approval criteria for Conditional Uses have been met as outlined in the staff report. APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below. A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Staff believes there is adequate traffic infrastructure in place to service the development. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. Staff does not believe the proposed request would generate any environmental nuisances. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. The surrounding area consists primarily of commercial highway zoning and land use with residential land use to the south and west. At least one other car dealership is located within a few hundred feet of the subject property. Therefore, staff considers the property to be in harmony with the surrounding character. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The site is currently serviced by city water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Staff believes the proposed use would not endanger local public health and safety within the vicinity of the subject property. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. 2nd MOTION: I motion/move to recommend approval of the petitioner’s request for a zoning variation to allow a corner side yard setback of 19.3’ in lieu of the minimum required 30’ to accommodate the existing principal structure. AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes the request is a special circumstance related to the longevity of the established principal structure being in operation for over 50 years. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as it relates to this property only and not all property within the C-5 Highway Commercial District. C. Not Resulting From Applicant Action. The applicant did not construct the existing structures on site. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship. E. Preserves Rights Conferred By District: Staff believes this does not confer a special privilege for the subject property. F. Necessary For Use Of Property: Staff believes that approval of the variations are necessary for the reasonable use and enjoyment of the property. G. Not Alter Local Character: Staff believes approval of the request would be supportive of preserving the existing local character. H. Consistent With Title And Plan: Staff believes the proposed request is consistent with the Comprehensive Plan and Development Policies by supporting commercial land use. I. Minimum Variance Recommended: Staff believes the variations requested are the minimum required. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 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, Light House Church Assembly of God, is requesting approval of a Conditional Use Permit for an Assembly Use to allow the operation of a Church for the property located at 4100 Shamrock Lane. The Subject Property first operated as a hotel in 1986 (Ramada Inn). It was purchased by Northwest Bible Baptist Church in 2001 and subsequently by McHenry County College in 2004. The building, known as the Shah Center, was used as a small business development center as an extension of McHenry County College (MCC). In 2014, the site also received approval of an expansion of the Conditional Use Permit to allow the existing ground mounted solar panels located on the west side of the property. MCC is now selling the property to Light House Church Assembly of God for the use of the site as a church. As such, a new Conditional Use Permit is required for operations. 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 O-2 Office Park District. The surrounding land use primarily consists of of Health Care District (Northwestern Medicine) to the north, O-1 Local Office Park to the south (Retail/Service Strip Mall), vacant O-2 Office Park land to the west, and Estate District/C-5 Highway Commercial District zoning to the east (Office/Single Family/Vacant). The primary concern is how the proposed use of the property as a church would interact with the surrounding land use. Located at a signalized intersection and given the commercial/office land use of the surrounding area, staff does not anticipate any adverse impacts on the surrounding property owners. FUTURE LAND USE MAP RECOMMENDATION The Future Land Use Map recommends commercial land use. Assembly uses are an allowable use in the City’s Commercial Zoning Districts subject to approval of a Conditional Use Permit. Therefore, the proposed use of the property for an assembly use is in substantial conformance with the Future Land Use Map’s recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • 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) The subject property has been utilized for a number of years for a variety of commercial/service uses. Given the surrounding commercial/office land use, staff does not anticipate that approval of the request would generate any adverse impacts on the surrounding property owners. • Land Use, Policy – “Locate intense commercial and office uses where they will not negatively affect residential or open space uses.” (p. 27) There is very limited residential and no open space uses located within the vicinity of the subject property. Located on a state highway at a signalized intersection, staff does not anticipate the proposed use of the property for a church would generate any adverse traffic impacts on the surrounding property owners. SITE PLAN ANALYSIS • Parking. The subject property contains 226 parking spaces. The City’s Off Street Parking & Loading Ordinance requires a minimum of 0.25 parking spaces per person per the design capacity of the facility. Although staff is unaware of the final design capacity of the interior buildout of the facility, staff believes it is very unlikely to reach the maximum occupancy (1004 persons) to warrant the total amount of parking spaces provided onsite. STAFF SUMMARY ANALYSIS • The Subject Property has been host to a variety of uses including a hotel, satellite campus, and religious school. Staff does not anticipate that the proposed use of the property as a church would generate any adverse impacts on the surrounding property owners. • Located at a signalized intersection on a state highway, staff believes the site is adequately serviced to accommodate any traffic generated by the proposed church. • The site provides 226 parking spaces and therefore the interior remodel would be limited to a per person design capacity of 1004 persons. Staff believes there is an adequate amount of parking to accommodate the proposed use. If the Planning & Zoning Commission agrees with the petitioner’s request, then the following motion is recommended: MOTION: I motion/move to recommend approval of the Petitioner’s request for a Conditional Use Permit to allow an assembly use on the Subject Property. 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. Located on a State Highway with a signalized intersection, staff believes there is adequate traffic infrastructure in place to service the development. B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. Staff does not believe the proposed request would generate any environmental nuisances. C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. The surrounding area consists primarily of commercial retail/service-oriented land use. A single-family home located within the vicinity of the property is separated from the subject property by a state highway and is unlikely to be impacted by the proposed use. Staff believes the proposed use of the property as a church would fit harmoniously with the existing area. D. Public Services and Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The site is currently serviced by city water and sanitary sewer. E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Staff believes the proposed use would not endanger local public health and safety within the vicinity of the subject property. F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. Staff Report for the City of McHenry Planning & Zoning Commission Staff Comments The following comments and conclusions are based upon staff analysis and review prior to this hearing and are to be considered viable unless evidence is established to the contrary. Staff may have additional comments based upon the testimony presented during the public hearing. BACKGROUND & REQUEST SUMMARY The property owner, Riverside I LLC, is requesting approval of a Use Variance to allow Outdoor Live Entertainment with the use of sound amplification devices on the northern portion of the property located at 1401 N. Riverside Drive. The petitioner is requesting approval of the following schedule for live entertainment events: • Months: May 1st – October 31st • Times: o Fridays: 6PM-11PM o Saturdays: 1PM-11PM o Sundays: 1PM-6PM 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 C-4 Downtown Commercial District and is used as a bar/restaurant. The surrounding property primarily consists of C-4 Downtown Commercial District Zoning with retail/restaurant land use to the east, south and west. The area directly north is a public parking lot with RS-4 High Density Single Family Residential zoning and land use located further north/northwest of the Subject Property. The proposed use of the property for outdoor live entertainment with the use of sound amplification devices 3 days of the week for 5 months out of the year may be considered disruptive to nearby residences. In addition to the frequency of events, the proposed length of operating hours is likely to impact normal sleeping hours. The City currently hosts live band concerts in Veterans Park on Thursday nights (Pearl Street Market) typically starting the second week of May and ending the second or third week of September. Although the market starts at 5PM, typically the concert doesn’t begin until 7PM and ends around 8:30PM. The Commission may wish to consider greatly reducing the frequency, timing, or perhaps staggering events (i.e. every other week). Staff have included a comparison table between what is proposed and the current hours of operation for the Pearl Street Market concerts. Pearl Street Market (Concerts) Proposed Months May – September May - October Days of Week Thursday Friday, Saturday, Sunday Time 7:00PM-8:30PM F: 6PM-11PM; Sat: 1PM-11PM; Sun: 1PM-6PM FUTURE LAND USE MAP RECOMMENDATION The Core Downtown Sub-Area Future Land Use Map recommends Restaurant/Retail and to Maintain Historic Charm. Staff believes the future land use map is somewhat consistent with Restaurant/Retail recommendation. COMPREHENSIVE PLAN OBJECTIVES & POLICIES Overall, staff believes the proposed development is somewhat consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. View full list of City Plans at www.cityofmchenry.org/planningdocuments • 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 for outdoor live entertainment is somewhat consistent with the area such as the Pearl Street Market Concerts. Staff believes the proposed hours of operations and frequency is excessive. The Commission should consider reducing the frequency to a level that would pose less of an impact on the adjoining residential properties. • 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 proposed outdoor entertainment is an intense commercial use of property that may negatively impact the adjoining residential land use. The Commission should consider placing greater restrictions on the frequency of operations. • Core Downtown Subarea Plan, Goal – “Enhance retail, restaurant and entertainment facilities and build on and complement what already exists.” (p. 5) Staff believes the proposed use is somewhat consistent with promoting entertainment facilities. STAFF SUMMARY ANALYSIS • Staff believes the proposed frequency of operations for the live entertainment may be considered excessive. The Commission should consider placing greater restrictions on the hours of operation given the proximity of the site to residential land use. • Staff believes the proposed use is somewhat consistent with the current Downtown Subarea Plan for promoting entertainment facilities. The City currently allows outdoor live entertainment in the park that is adjoining residential land use but with very limited hours. The Commission may wish to consider limiting live entertainment on the Subject Property to similar hours of operation. • Similar to the VFW’s request for live entertainment, the Commission may wish to restrict the request and distinguish between the use of sound amplification devices and acoustic. Staff have also included recommended restrictions related to the maintenance of the event space. 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 Outdoor Live Entertainment on the Subject Property, subject to the following conditions: 1. Outdoor Live Entertainment with sound amplification devices shall be limited as follows: A. Month(s): B. Day(s) of the Week: C. Time(s): 2. Outdoor Live Entertainment without amplification devices (acoustic only) shall be limited as follows: A. Month(s): B. Day(s) of the Week: C. Time(s): 3. The event space shall be maintained in a neat and orderly manner and be cleared of debris and refuse within 24 hours after an event. 4. All development on site shall be in substantial conformance with the submitted plans. AND by making said motion, you agree that the approval criteria for Use Variances have been met as outlined in the staff report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) Comments of staff italicized below. A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. N/A 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 is a unique circumstance related to being in the downtown. The Core Downtown Subarea Plan does identify promoting entertainment facilities. 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. Pearl Street Market currently operates May – September on Thursdays with live entertainment. Approval of the request would be somewhat consistent with other events that occur within a few hundred feet of the subject property. 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 entertainment facilities and commercial operations within the Core Downtown Subarea. Attachments: 1) Petitioner’s Application and attachments. 2) Receipt of publication of legal notice. 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.