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HomeMy WebLinkAboutPacket - 08/21/2019 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE DATE: Wednesday, August 21, 2019 TIME: 7:30 p.m. PLACE: McHenry Municipal Center (Council Chambers) 333 South Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Public Input — (five minutes total on non -agenda items only) S. Consideration of Approval of Meeting Minutes: July 17, 2019 Regular Meeting 6. Z-953 Public Hearing — Zoning Map Amendment From E Estate to A-1 Agriculture upon Annexation and a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage (Harms Farm) Applicant: Dennis L. and Theresa M. Harms, 4723 W. Crystal Lake Road, McHenry, IL 60050 Requested Action: Zoning Map Amendment to A-1 Agriculture upon Annexation and a Conditional Use Permit to allow a Landscape Business with Outdoor Storage and Agritourism. Location of Subiect Property: The Subject property is located at 4727 W. Crystal Lake Road and consists of approximately 7.6 acres. 7. Staff Report: Next Meeting Date: September 18, 2019 at 7:30 p.m. 8. Adiourn The City oJMcHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, eJJicient and fiscally responsible manner. City of McHenry Planning and Zoning Commission Minutes July 17, 2019 Chairman Strach called the July 17, 2019 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Absent: None. Also in attendance were Director of Economic Development Martin and Economic Development Coordinator Wolf. There was nobody in attendance who wished to address the Commission with public comment. Commissioner Shach stated the Public Hearing for Hatrns Farm, File Z-953 is postponed due to a change in the conditional use requirements. Commissioner Gurda arrived at 7:33 p.m. Approval of Minutes Motion by Thacker seconded by Lehman to approve the June 19, 2019 Regular Meeting minutes and July 10, 2019 Special Meeting minutes of the Planning and Zoning Commission as presented: Voting Aye: Doherty, Lelunan, Strach, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: Gurda. Abstaining: None. Absent: None. Motion carried 6-0. Public Hearing: Jessup Manufacturing File No. Z 951 2905 Northside Avenue/a.k.a. 2905 W. Route 120 Zoning Map Amendment from C-5 Highway Commercial District to I-1 Industrial Chairman Strach called the Public Hearing to order at 7:30 p.m. regarding File No. Z-951 an application for a zoning map amendment fiom C-5 Highway Commercial District to I-1 Industrial District for the property located at 2905 Northside Avenue/a.k.a. 2905 W Route 120. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 28, 2019. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Attorney Tom Zanck representing Jessup Enterprises. Attorney Zanck distributed an ALTA survey depicting the Jessup property and the patcel which is the subject of this hearing. He stated with the continuing improvements Jessup is making it would be difficult Planning and Zoning Commission July 17, 2019 Page 2 to develop this property under C-5 zoning. This lot will be cleaned up by the Petitioners and will be very beneficial for Jessup Manufacturing and to economic development in the City. Director of Economic Development gave the Staff report stating the applicant currently operates Jessup Manufacturing and has purchased two lots at the southeast corner of Northside Avenue and Illinois Route 120 and wants to rezone those lots from C-5 Highway Commercial to I-1 Industrial. The character of the area near the subject property consists of primarily highway commercial land uses generally to the west and north of the subject property. The property to the east is industrial in nature and the property to the south is residential. The criteria for approval of a zoning map amendment were presented. Director Martin stated the trend of development along Illinois Route 120 (Elm Street) in this area is commercial and industrial land uses. The subject property provides a logical extension to the Jessup Manufacturing Plant and additional greenspace for the development/property. The view from the property will be better with the cleanup of this property and this zoning map amendment is consistent with the City's Comprehensive Plan and Future Land Use Map and is reasonable and in the public interest. Director of Economic Development Martin stated Staff recommends approval of a Zoning Map Amendment from C-5 Highway Commercial District to I-1 Industrial Park with no conditions placed on the requested zoning map amendment, and Staff finds that the requirements in Table 33 (Zoning Map Amendments) of the Zoning Ordinance have been met. There were no questions by the Commissioners. Chairn�an Strach opened the floor to questions and comments fiom the audience. There was nobody in attendance who wished to address the Commission. Chairman Strach closed the public comment portion of the hearing at 8:01 pm. Commissioner Thacker stated this request appears to be a win -win for Jessup and the City. Motion by Doherty seconded by Thacker to recommend to the City Council with regard to File No. Z-951, approval of an application for a Zoning Map Amendment fiom C-5 Highway Commercial District to I-1 Industrial Park with no conditions placed on the requested zoning map amendment, and Staff finds that the requirements in Tables 33 of the Zoning Ordinance have been met. Voting Aye: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0 Chairman Strach closed the Public Hearing regarding File No. Z-951 at 7:40 pm. Planning and Zoning Commission July 17, 2019 Page 3 Public Hearing: Harms Farm File No. Z-953 4727 W. Crystal Lake Road Zoning Map Amendment to A-1 Agriculture upon annexation and a Conditional Use Permit to allow a Landscape Business with Outdoor Storage Due to a change in the conditional use requirements this hearing has been postponed until the August 21, 2019 Planning and Zoning meeting. Staff Repo►•t Director Martin stated that the August 21, 2019 regularly scheduled meeting will be held at 7:30 p.m. Adjournment Motion by Sobotta seconded by Thacker to adjourn the meeting at 8:45 p.m. Voting Aye: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Shawn Shach, Chairman City of McHeruy Planning & Zoning Commission [PLANNING AND ZONING COMMISSION STAFF REPORT Z-953 ZONING MAP AMENDMENT FROM E ESTATE TO A-1 AGRICULTURE AND A CONDITIONAL USE PERMIT TO ALLOW A LANDSCAPE BUSINESS WITH OUTDOOR STORAGE Al 4727 W CRYSTAL LAKE ROAD] Applicant Dennis L. and Theresa M. Harms 4723 W Crystal Lake Road McHenry, IL 60050 Requested Action Zoning Map Amendment from E Estate to A-1 Agriculture upon annexation and a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage Site Information Location and Size of Property The subject property is located at 4727 W Crystal Lake Road and consists of approximately 7.6 acres. Comprehensive Plan Desisnation Low -Density Residential Crustal Lake Road Sub -Area Plan Office/Low-Density Residential Existins Zonine and Land Use The subject property is zoned A-1 Agriculture and operates as a garden center, farmstand, agritourism location and landscape and snowplowing business with outdoor storage. Adjacent Zonins and Land Use North: A-1 Agriculture (Unincorporated McHenry County), Single -Family Residence South: A-1(Unincorporated McHenry County), Single -Family Residence East: RS-2 Medium Density Residential, Cold Springs Park West: RS-3 Medium -High Density Residential, McHenry High School West Campus Background The applicant currently operates Harms Farm and Garden Center and wants to annex to the City of McHenry. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-953 ZONING MAP AMENDMENT FROM E ESTATE TO A-1 AGRICULTURE AND A CONDITIONAL USE PERMIT TO ALLOW A LANDSCAPE BUSINESS WITH OUTDOOR STORAGE AT 4727 W CRYSTAL LAKE ROAD] Staff Analysis Zoning Map Amendment The character of the area near the subject property consists of primarily residential land uses to the north, south and east of the subject property. The property to the west is McHenry West High School. The applicant is not proposing to alter their business, which has been in existence for decades. The proposed zoning map amendment is consistent with the development trend and satisfies all the criteria outlined in Table 33. The subject property provides a logical extension to City boundaries and the A-1 zoning is compatible with adjacent zoning and the uses the applicant has on their site. The A-1 zoning permits by right: agriculture; agritourism, limited; dwellings, farmstand; garden center; and greenhouse/nursery business. Staff has no concerns with this request. Conditional Use Permit The applicant is seeking a conditional use permit to allow agritourism as well as a landscape business with outdoor storage. These activities are ones that the applicant currently conducts as part of their normal business operations on the subject property. The A-1 zoning district in the City of McHenry requires a conditional use permit for them however. Staff believes they are complimentary to the other business activities conducted on -site and does not see any issues with the agritourism, landscape business or the outdoor storage. This does not now and staff does not foresee any adverse impacts to adjacent property owners in the future. Agritourism is a large part of the applicant's business operation and has been for numerous years, and staff believes the applicant will continue to refine this and other portions of their business operations to make them even better than they already are today. CONSISTENCY POLICY Zoning map amendments shall be made in accordance with and consistent with a comprehensive plan. When adopting or rejecting any zoning map amendment, the Planning and Zoning Commission shall recommend and the City Council shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan or document that is applicable, and explain why it considers the action taken to be reasonable and in the public interest. This zoning map amendment is NOT consistent with the City's Comprehensive Plan, Crystal Lake Road Sub -Area Plan and Future Land Use Map, however it is reasonable and in the public interest. The A-1 land use category is a newly adopted text amendment to the City's zoning ordinance. By M! [PLANNING AND ZONING COMMISSION STAFF REPORT Z-953 ZONING MAP AMENDMENT FROM E ESTATE TO A-1 AGRICULTURE AND A CONDITIONAL USE PERMIT TO ALLOW A LANDSCAPE BUSINESS WITH OUTDOOR STORAGE AT 4727 W CRYSTAL LAKE ROAD] way of reference the City's Comprehensive an was last amended in 2008 and the Crystal Lake Road Sub -Area Plan was completed in 2006. The A-1 zoning classification makes the most sense in this instance and fits the uses on the subject property and is therefore reasonable and in the public interest. Staff Recommendation Prior to Public Hearing Approval of a Zoning Map Amendment from EEstate to A-1 Agriculture upon annexation to the City of McHenry. (No conditions may be placed on the requested zoning map amendment.) Staff finds that the requirements in Table 33 (Zoning Map Amendments) of the Zoning Ordinance have been met. Approval of a Conditional Use Permit to allow Agritourism and a Landscape Business with Outdoor Storage with the condition the applicant enter into an annexation agreement with the City. Staff finds the requirements in Table 31 (Conditional Use Permits) of the Zoning Ordinance have been met. Attachments • Location Map • A 1 Agriculture Zoning District • Application Packet 3 [PLANNING AND ZONING COMMISSION STAFF REPORT Z=953 ZONING MAP AMENDMENT FROM E ESTATE TO A4 AGRICULTURE AND A CONDITIONAL USE PERMIT TO ALLOW A LANDSCAPE BUSINESS WITH OUTDOOR STORAGE AT 4727 W CRYSTAL LAKE ROAD] Location Map of $ub]eCt Property CITY OF MCHINRX MCHENRY COUNTY STATE OF ILLTNOIS ORDINANCE NUMB)JR ORD-IS-1918 An Ordinance Adopting a Text Amen<huent to tine City of Mcllemy Zoning Ordinance adding a New Zoning District Classification called Agriculture District Adopted by the Mayor and City Council Of file City of McHenry McHenry County State of Illinois December 17, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois finis 17th day of December, 2018. Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815)363-2173 www.ci.mchenry.il.us ORDINANCE NO, 18- 11lb AN ORDINANCE ADOPTING ATEXTAMENDMENTTOTHE CITYOF MCHENRY, ILLINOIS ZONING ORDINANCE ADDING A NEW ZONING DISTRICT CLASSIFICATION CALLED AGRICULTURE DISTRICT WHEREAS, the Clty of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by the City of McHenry requesting a text amendment to the City of McHenryZoning Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on November 14, 2018, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the grantingofthe requested zoningtext amendment; and WHEREAS, the City Council has considered the evidence and recommendatton from the Planning and Zoning Commission and finds that the approval of the zoning text amendment currently requested and approved by this ordinance are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED eY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS1 AS FOLLOWS: SECTION 1. That Chapter IV. Residential Districts is hereby amended by adding thereto the following language: "AA. A-1 Agriculture District The intent of the A-1 Agriculture District is to permit agricultural uses and activities. Residences are allowed on agricultural parcels within the City. The standards of the A-1 District promote farming and protection of agricultural land uses from the encroachment of Incompatible land uses. Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.d.mchenry,iLus Permitted Uses Agriculture Animal Care Shelter Conservation Area Dwelling, Single -Family Fartnstand Feed, Tack, Grain, and Seed Sales Garden Center Greenhouse/Landscape and Nursery Business -No Outdoor Storage Park Public Facility Conditional Uses Agricultural Implement Sales and Service Agriculture Employee Housing Agricultural Produce Processing Agritourism (An agriculturally -based operation which draws visitors.) Art Gallery Arts Studio Assembly Use Athletic Facility, Outdoor Bed and Breakfast Campground Cemetery/Cemetery, Pet Club, Lodge Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.d.mchenry.11.us Country Club Cultural Facility Day Camp Drive-in Theater Dwelling Unit, Accessory Farrier Food Processing Grain Elevator -Commercial Golf Course/Driving Range -Commercial Halfway House Homeless/Domestic Violence Shelter Horse Arena, Indoor/Outdoor Horse Stables Hotel Kennel -Commercial Landing Area -Restricted LandingArea-Restricted-Personal Use Landscape/Nursery Business with Outdoor Storage Landscape Waste Composting Facility Medical Cannabis Cultivation Center Power Production Public Safety Training Facility Reception Facility Resort Sawmill Solar Farm Bulk and Setback Reeulatlons Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815)363-2173 www,ci.mchenry.il.us Min. Lot Area Min. Lot Width I Maximum Bldg, Height. Max. Bldg, Coverage Front Yard Build. Set. Corner Side Yard Bldg. Set. Interior Side Yard Bldg. Set. new Yard Bldg. Set. 1 acre Up to 2 Up to 2 ac, Up to 2 30' from ROW or 30' from 30' from 30' from ROW or ac 40' ac.30% 65' from ROW or ROW or 65' from 150, 2-3 ac, 2-3 ac. centerline if no 65' from 65' from centerline if no 2-3 ac. 60' 20% dedicated ROW centerline centerline dedicated ROW 175' 3-5 ac. 3-5 ac. exists If no if no exists 3-5 ac. 80' 15% dedicated dedicated 250' 5+ac. 5+ac. ROW ROW S+ ac. No max. 10% exists exists 330' SECTION 2: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois, SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication to pamphlet form as provided bylaw. AYES: ftIA.nruJuMn h iin -,OIL,l4ir.{y//YTe�t Lei NAYS: 1 i NAYS: C� t L\Si - - - ABSTAINED; Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363.2170 Fax: (815) 363-2173 www.ci,mchenry.II.us ABSENT: NOT VOTING: APPROVED THIS _ 17 DAY OF .U4C o `vi t) p . 2018 Wayne 9, Je t A_ TTEST: Jl Debra Meadows FORMA File Number : PUBLIC HE, APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 a Tel: (8I5) 363-2170 a Fax: (815) 363-2173 1. Name of Applicant Dennis L. and There a M. Tel_815-3R5-54R5 see attached) Address 4723 W. Crystal Lake Road Fax City_ McHenry State IL Zip 60050 2. Name of PropertyOwner_Not Applicable Tel (If other than Applicant) Address Fax City State Zip 3. Name of Engineer Not Applicable (If represented) Address City State_ Zip 4. Name of Atiomey _ Steven T (hda (If represented) Address_101 Van Buren Street. 61nnAor..1. Tr rn,.nn Tel Fax Tel 815-338-1334 Fax 815-338-5960 5. Common Address or Location of Property 4727 W. Crystal Lake Road McHenry, IL 60050 6. Requested Actions) (check all that apply) X Zoning Map Amendment (Rezoning) X. Conditional Use Permit Zoning Variance Other Zoning Variance —Minor �` Zoning Text Amendment Use Variance *DeSnition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or• attached dwelli single-family detached or attached building lot for that dwelling or lot. ng, or FORMA Page 1 of 1 7. Current Use of Property Garden Center with a farmstand, agri-tourism and as a staging area for Petitioners' landscape, lawn care and snow removal business, with outdoor storage related to said uses 8, CunentZoning Classifica$on o£Property, Including Variances or Conditional Uses A-1 Agriculture District pursuant to McHenry County Unified Development 9. Current Zoning Classl{ication and Land Use of Adjoining Properties North: A-1 Agriculture and Residential (McHenry County) South: A_-1 Agriculture &Residential unimproved Roadway and Residential"(McHenry County) East; RS-2, Residential Cold Springs Park (City of McHenry)' West: R 3, Residential McHenry West High School (City of McHenry) 10. Required Attachments (check aIl items submitted} Pleasa refer to the Public Hearing Requirements Checklist fo determine the required attachments. 1. Application Fee (amount} $ 2. Narrauve Description of Request 3 FORM A —Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application ._51 FORM C — Conditional Use Application _6. FORM D—Zoning Variance Application _7. FORME —Use VarianceApplicatlon Proof of Ownership and/or Written Consent from Property Owner xvxctVt �' Page 2 of 2 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, bust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application, 12, Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes, I hereby request that a public fiearing to consider this application ba 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 the Zoning Board of Appeals or City Council. Individually and beneficiaries of Bank Trust 12742 icant(s) as sole First Midwest �H7.'s�'l� JYNtu+�Gr Shirley .,Harms, as Trustee of the Shirley B, Harms Trust rvxctvi H, Page 3 of 3 DENNIS L. HARMS andTHERESA M. HARMS , sole beneficiaries ofFIRST MID WEST BANK, as Trustee under the provisions of a trust agreement dated the 215` day of October, 1992, known as Trust Number 12742. 4723 W. Crystal Lake Road, McHemy, Illinois 60050. SHIRLEY B. HARMS, as Trustee of the Shirley B. Harms Trust. 4725 W. Crystal Lake Road, McHenry, Illinois 60050. FORM B File Number �' g ZONING 1VIAP AMENDMENT (REZONING) Planning and Zoning Commission City of Mel=lenry 333 South Green Street � McHenry, IL 60050 � Tel; (815) 363-2170 a Fax: (815) 363-2173 Table 33 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. Comoatible with Use or Zonin¢ of Environs The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or.existmg zoning of property in the environs. There are numerous different uses along Crystal Lake Road in the vicinity of Harms Farm and Garden Center, which is compatible with these uses. 2. Supported by Trend of Development The trend of development in the general area since the original zoning of the affected property was established supports the proposed use(s) or zoning classification. The trend PA 1 mAn+ along Crystal Lake Road in the area of Harms Farm and Garden Center is business related. 3. Consistent with Comprehensive Plan Obiectives The proposed uses) 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. Crystal Lake Road is a major arterial sheet. The Comprehensive Plan acknowledges this and the proposed zoning will allow the cutxent business to continue to operate at 4727 W. Crystal Lake Road. 4, Furthers Public Interest The proposed uses) or zoning class cation promotes the public interest and not solely the interest of the applicant. It is in the interest ofthe City ofMcHenrythatthe "unincorporated islands" become part of corporate McHenry. The application, if granted, will accomplish that goal. FORMB Page 1 of 1 File Number Z '0/ S 3 CONAITIONAL USE PERIYIIT Planning and Zoning Commission City of McHenry 333 South Green Sixeet � McHenry, IL. 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 31 0£ the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action, Please respond to each of these conditions as it relates to o�quest. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has beenminimized. The proposed annexation and zoning of the subject properly will not have any adverse impact on types of traffic or volumes since the properties' use already exists and there are no changes to said use. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. There are no anticipated environmentalnuisances since theproperties have beenused as afarm stand and garden center, with collateral uses, without any complaints from Applicantsneighbors. 3. Neighboxhocd Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character. existing in the area or normally associated with permitted uses in the district. As stated above, the Applicants donot pxoposeanynewusesfoxtheirproperty. They have operated their farm stand and garden center at the present Iocation £or at least 45 yeats without complaint. FORM C Page 1 of 1 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The proposed use has not caused any undue burdens to date and none are expected in the future. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The farm stand, garden center, and collateral uses have operated safely and without incident since its inception. Since the use will not change, there will be no detrimental impact on the safety or health of Applicants' employees, patrons, visitors, or the general public. 6. Other Factors The proposed use is in harmony with all ocher Clements of compatibility pertinent to the Conditional Use and its particular location. Harms Farm and Garden Center has served the general population of McHenry for half a century at its current location. If the application is granted, the only change will be that the business will be located within the corporate limits of the City of McHenry rather than in unincorporated McHenry County. FORM C Page 2 of 2 BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MCHENRY, ILLINOIS IN THE MATTER OF THE PETITION OF ) FIRST MIDWEST BANK, as Trustee under the provisions of a trust agreement dated the 21" day ) of October, 1992, known as Trust Number 12742, and ) ZONING DENNIS L. HARMS and THERESA M. HARMS, sole ) PETITION NARRATIVE beneficiaries of said Trust, and SHIRLEY B. HARMS, ) as Trustee of the Shirley B. Harms Trust, FOR AMENDMENT OF THE ZONING ORDINANCE OF ) THE CITY OF MCHENRY, ILLINOIS AND FOR ) A CONDITIONAL USE. ) Your Petitioners, FIRST MIDWEST BANK, as Trustee under the provisions of a trust agreement dated the 215` day of October, 1992, known as Trust Number 12742, and DENNIS L. HARMS and THERESA M. HARMS, sole beneficiaries of said Trust, and SHIRLEY B. HARMS, as Trustee of the Shirley B. Harms Trust, respectfully represent to the Planning and Zoning Commission of the City of McHeruy as follows: I. FIRSTMIDWESTBANK,asTrusteeundertheprovisionsofahustagreementdated 21sr day of October, 1992, known as Trust Number 12742, and SHIRLEY B. HARMS, as Trustee of the Shirley B. Harms Trust, are the owners of record of the real estate which is more fiilly described as follows: Lots 25, 26, 27 and 28 in Kelter Estate Subdivision, Unit No. 1 being a Subdivision of part of Section 34 Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 14, 1949 as Document No. 218953, In Book 10 of Plats, page 112, in McHenry County, Illinois. (said parcel hereinafter referred to as the "subject property"). 1 The following parcel numbers have been assigned to the subject property: Lot 25: 09-34-326-002 Lot 26: 09-34-326-003 Lot 27: 09-34-326-004 Lot 28: 09-34-326-005 2. DENNIS L. HARMS and THERESA M. HARMS, 4727 W. Crystal Lake Road, McHenry, Illinois 60050, are the sole beneficiaries of FIRST MID WEST BANK Trust Number 12742. SHIRLEY B. HARMS, 4725 W. Crystal Lake Road, McHenry, Illinois 60050, is the sole beneficiary of the Shirley B. Harms Trust. (FIRST MIDWEST BANK Trust Number 12742, DENNIS L. HARMS and THERESA M. HARMS, and The Shirley B. Harms Trust and SHIRLEY B. HARMS, are collectively referred to as the "OWNERS" of the subject property). The First Midwest Bank Trust 12742 is the owner of record of Lots 26 through 28. The Shirley B. Harms Trust is the owner of record of Lot 25, 3. The subject property is located on the southeast side of Crystal Lake Road and north ofuninrproved Kelter Street, approximately one quarter mile south ofthe intersection ofFrontRoyal Street and Crystal Lake Road. The subject property contains 7.6 acres, more or less. Its street address is 4725 and 4727 W. Crystal Lake Road, McHenry, Illinois, and the subject property is ctuxently being used as a garden center with a farm stand, for agri-tourism, commonly referred to "Harms Farm and Garden Center," and as the staging area for OWNERS' landscape, lawn care and snow -removal business. It is improved with six buildings, ten quonset style structures and two frame sheds used by OWNERS for the business located thereon. The subject property is also improved with the OWNERS' residence and one cell tower with supporting equipment. 2 4. The subject property is presently classified A-1 Agriculture District by the McHenry County Zoning Ordinance. The property to the south and north of the subject property is zoned A4 Agriculture District by the McHenry County Unified Development Ordinance. The property to the west is zoned RS-3 Medium High Density Residential and to the east is zoned RS-2 Medium Density Residential by the City of McHemy Zoning Ordinance. 6. Your Petitioners request that the subject property be annexed to the City of McHenry and that upon annexation it be zoned A-1 Agriculture District and that a Conditional Use be granted to allow OWNERS' landscape, lawn care and snow removal business, with outdoor storage be conducted on the subject property. 7. The subject property is well located arrd well suited for utilization as to the permitted uses in the A-1 Agriculture District and such classification, would be in conformity to the classification arrd uses of properties abutting the subject property. 8. A list of taxpayers abutting or adjoining the property owned by the Petitioners as shown on the rolls of the County Treasurer -Collector is attached to this Petition as Exhibit "A". A Plat of survey ofthe subject property is also attached as Exhibit "B". 9. An affidavit/certification of the beneficiaries of the land trust and personal bust which holds title to the subject property is attached to this Petition as Exhibit "C". WHEREFORE, your Petitioners pray that the Platming and Zoning Commission of the City of McHezuy set a date, time and place for hearing on the contents of this Petition and that, as a result of the taking of testimony and viewing of exhibits presented thereat, the Planning and Zoning Commission recommend to the Mayor and City Council that upon annexation; the subject property be classified as A -I Agriculture District with a Conditional Use to allow a landscape, lawn care and now removal business with outdoor storage wider the City of McHenry Zoning Ordinance, 20� 9 DATED this day of June, 2k99. SEE TRUSTEE'S MUER ATTAUHLU HERETO AND -MADE A FART HEREOF r \ DENNIS L S, Beneficiary of said Trust1 742 Steven J. Cuda HAMER, SCHUH & CUDA 101 Van Buren Street Woodstock, IL 60098 815-338-1334 FIRST MIDWEST BANK, as Trustee under the provisions of a trust agreement dated the 215t day of October, 1992 known as Trust Number 12742 and not %personally �� / AIAI Attest: Crf�G'%��%/ THERESA M. HARMS, Beneficiary of said ust12742 SHIRLEY B. HARMS TRUST Shirley B. Harms, Trustee BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MCHENRY, ILLIlVOIS IN THE MATTER OF THE APPLICATION OF FIRST MIDWEST BANK, as Trustee under the provisions of a trust agreement dated the 21 st day of October, 1992 known as Trust Number 12742, and DENNIS L. HARMS and THERESA M. HARMS, sole beneficiaries of said Trust, and SHIRLEY B. HARMS, as Trustee of the Shirley B. Harms Trust, FOR AMENDMENT OF THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS AND FOR A CONDITIONAL USE, NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held before the CITY OF MCHENRY PLANNING and ZONING COMMISSION in connection with the Petition of FIRST MIDWEST BANK, as Trustee under the provisions of a Trust Agreement dated the 2151 day of October, 1992 known as Trust Number 12742, DENNIS L. HARMS and THERESA M. HARMS, sole beneficiaries of said Trust, and SHIRLEY B. HARMS , as Trustee of the Shirley B. Harms Trust, for Amendment of the Zoning Ordinance of the City of McHenry, and for a Conditional Use which would affect the following described real estate: Lots 25, 26, 27 and 28 in Kelter Estate Subdivision, Unit No.1, being a Subdivision of part of Section 345 Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 14, 1949 as Document No. 218953, hi Book 10 of Plats, page 112 in McHenry County, Illinois. (said real estate herinafter referred to as the "Subject Property"). The address of the Subject Property is 4727 W. Crystal Lake Road, McHenry, Illinois, and is commonly known as Harms Farm and Garden Center. It is located on the east side of Crystal Lake 3 oad and just north of unimproved Kelter Street, approximately one -quarter mile south of the intersection of Front Royal Street and Crystal Lake Road and contains 7.6 acres, more or less. It is currently zoned A-1 Agriculture District by the McHenry County Unified Development Ordinance. The Petition requests that the Subject Property be annexed to the City ofMcHen y and upon annexation it be classified as A-1 Agriculture District. Petitioners also request a conditional use be granted to allow Agritourism and Petitioners' current farm and garden center, landscape, lawn care, and snow removal business, with outdoor storage related thereto, to be conducted on the Subject Property. The following parcel numbers had been assigned to the Subject Property: Lot 25: 09-34-326-002 Lot 26: 09-34-326-003 Lot 27: 09-34-326-004 Lot 28: 09-34-326-005 DENNIS L. HARMS and THERESA M. HARMS, 4723 W. Crystal Lake Road, McHenry, Illinois, 6005Q, are the sole beneficiaries of FIRST MIDWEST BANK Trust 12742, which owns Lots 26, 27, and 28. SHIRLEY B. HARMS, 4725 W. Crystal Lake Road, McHenry, Illinois 60050 is the sole beneficiary and sole Trustee of the Shirley B. Harms Trust, which owns Lot 25. A hearing on this Petition will be held on the 215Y day of August, 2019, at 7:30 p.m. at the City ofMcHenry Municipal Center, 333 South Green Street, McHenry, Illinois, AT WHICH TIME AND PLACE any person desiring to be heard may be present. CITY OF MCHENRY PLANNING AND ZONING COMMISSION By: !sJ Shawn Strach Chairman Steven J. Cuda HAMER, SCHUH & CUDA 101 Van Buren Street Woodstock, IL 60098 815-338-1334 EXHIBIT A HARMS FARM AND GARDEN CENTER LIST OF ADJOINING PROPERTY OWNERS NAME 1. Dennis L. and Theresa M. Harms 4723 W. Crystal Lake Road McHenry, IL 60050 2. Home State Bank Trust 5760 4719 W. Crystal Lake Road McHenry, IL 60050 3. Overlook Investment Group 1416 Techny Road Northbrook, IL 60062 4. City of McHemy (Cold Springs Park) 333 S. Green Street McHenry, IL 60050 5. Michael J. and Linda Bartolone 4809 W. Crystal Lake Road McHemy, IL 60050 BOARD OF SCHOOL TRS DIST 156 c/o McHemy Community High School District 156 4716 W. Crystal Lake Road McHenry, IL 60050 PROPERTY INDEX NUMBER 09-34-376-001 09-34-178-006 09-34-326-006 09-34-401-005 09-34-327-001 09-34-177-008 PL,1�T OF SURVEY PATO SURVEY � � �'��� /-- _ STATE OF ILLINOIS COUNTY OF MmENRY SS TRUST AFFIDAVIT The undersigned, being first duly sworn upon their oath, state as follows: Dennis L. Harms and Theresa M. Harms, whose address is 4723 W. Crystal Lake Road, McHenry Illinois 60050, are the sole beneficiaries of First Midwest Bank Trust 12742. 2. First Midwest Bank Trust 12742 is the owner of record of Lots 26-28 of Kelter Estate Subdivision, according to the Plat thereof recorded March 14, 1949 as Document Number 218953, in Book 10 of Plats, Page 112, in McHemy County, Illinois Further Affians sayeth not. I eresa M• Harms Subscribed to and sworn before m this, Q �` day of June, 2019, OFFICIAL SEAL PAT A DICKER LY PUBLIC, STATE OF ILL19RIB f _ misslon Expires Nov 26, 2019 �SGcp Notary Public EXHIBIT C STATE OF ILLINOIS COUNTY OF McHENRY SS TRUST AFFIDAVIT The tmdersigned, being first duly sworn upon her oath, states as follows: Shirley B. Harms, whose address is 4725 W. Crystal Lake Road, McHemy Illinois 60050, is the sole beneficiary and sole Trustee of the Shirley B. Harms Trust, 2. The Shirley B. Harms Trust is the owner of Lot 25 of Kelter Estate Subdivision, according to the Plat thereof recorded March 14, 1949 as Document Number 218953, in Book 10 of Plats, Page 112, in McHenry County, Illinois Further Affian sayeth not. ?� Shirley B. Harms Subscribed to and sworn before me this day o£7une, 2019. Notary Public oFFICInL s[A>. PAS' A CICIS�H NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Noy 25, 2019 EXHIBIT C RIDER ATTACHED TO AND MADE A PART OF ZONING PETITION TO ANNEX PROPERTY TO THE CITY OF MCHENRY This instrument is executed by FIRST MIDWEST BANK, not personally but solely as Trustee under Trust Number 12742 in the exercise of the -power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, stipulations, covenants and conditions to be performed by FIRST MIDWEST BANK, are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against FIRST MIDWEST BANK, by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument.