[PAGE 1] Board of Zoning, Planning and Appeals Village of Cary February 12, 2026, at 6:00 PM 755 Georgetown Drive, Cary, IL 60013 Agenda I. Call to Order II. Roll Call III. Pledge of Allegiance IV. Approval of Minutes 1. December 11, 2025 – 25-ZPA-11-001 / Haber Pointe PUD / Final Plat of Subdivision 2. December 11, 2025 – 25-ZPA-11-002 / Three Oaks Road PUD / Final Plat of Subdivision V. Village Case: 26-ZPA-01-001 LOCATION: 20 N First Street PETITIONER: Cary Apothecary OWNER: Cambridge Exteriors PARCEL NUMBER: 19-13-229-021 REQUEST: 1) Conditional Use for a Massage Establishment VI. Any and All Other Business VII. Adjourn Chairman Patrick Khoury The Village of Cary is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations so that they can observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the Village’s facilities, should contact the Village’s ADA Coordinator at (847) 639-0003 [TDD (630) 845-2180] promptly to allow the Village to make reasonable accommodations for those persons. [PAGE 2] MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING, PLANNING AND APPEALS CASE NUMBER: 25-ZPA-11-001 HEARING DATE: December 11, 2025 PETITIONER: Dandelion Development, LLC Attn: Scott Seger 106 N Catherine Ave. La Grange, IL 60525 LOCATION: 401 Haber Road PIN #: 19-14-429-015-0030 through 19-14-429-045-0030 REQUEST: 1. Final Plat of Subdivision for Haber Pointe MEMBERS PRESENT: Khoury, Trandell, Kretschmer, Castetter, Williams, O’Laughlin, Graziano MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Brian Simmons, Director of Community Development Chairman Khoury called the meeting to order at 6:00 PM, and Director Simmons called the roll. Chairman Khoury explained the meeting process to the attending public. Chairman Khoury presented minutes from previous hearings for approval. The minutes were approved by voice vote. After hearing one previous case, Chairman Khoury called Village Case No. 25-ZPA-11-001. Director Simmons presented an overview of the zoning history of the parcel and existing development. Director Simmons stated the proposed plat of subdivision is a condition of approval for the zoning entitlements granted to the development in January of 2025. The proposed plat is compliant with the requirements of the Village’s Unified Development Ordinance and will create the necessary lots of record and easements to serve the development. Staff is recommending approval of the proposed plat of subdivision. Chairman Khoury asked the petitioner to provide any additional comments regarding the request. Mr. Seger stated he had nothing to add regarding the plat but that they are working to complete the project over the next six months. Chairman Khoury asked if the committee has any questions for Mr. Seger. Chairman Khoury opened the meeting for public comment from those in attendance. With no public comments received Chairman Khoury closed the public comment portion of the hearing. Chairman Khoury entertained a motion. Board of Zoning, Planning and Appeals December 11, 2025 25-ZPA-11-001 Patrick Khoury, Chair [PAGE 3] Member Kretschmer moved, seconded by Member Castetter, to recommend to the Village Board of Trustees, Approval of the final plat of subdivision for the Haber Pointe Subdivision, subject to the following corrections prior to recording: 1. The Village Engineer’s certificate shall be revised to read as follows: STATE OF ILLINOIS ) COUNTY OF MCHENRY ) SS. I, ____________, a professional engineer acting as a consultant to the Village of Cary, certify that the land improvements described in the annexed plat and the plans and specifications therefore meet the minimum requirements of said Village. Dated at Cary, McHenry County, Illinois This _________ day of __________, A.D. , 20__ ________________________________________ A Professional Engineer Acting as a Consultant to the Village of Cary Aye: Khoury, Kretschmer, Trandel, Castetter, O’Laughlin, Graziano Nay: None Abstain: None Absent: Williams Motion Passed: 6-0 Chairman Khoury entertained a motion to adjourn. All Ayes by Voice Vote. Motion Passed Respectfully submitted, ______________________ Brian Simmons, Community Development Director Board of Zoning, Planning and Appeals December 11, 2025 25-ZPA-11-001 Patrick Khoury, Chair [PAGE 4] MINUTES OF THE REGULAR MEETING OF THE BOARD OF ZONING, PLANNING AND APPEALS CASE NUMBER: 25-ZPA-11-002 HEARING DATE: December 11, 2025 PETITIONER: Cary School District 26 2115 Crystal Lake Road Cary, IL 60013 LOCATION: 3370 Three Oaks Road PIN #: 19-11-251-002 & 19-11-176-002 REQUEST: 1. Final Plat of Subdivision for the Three Oaks Road Planned Development MEMBERS PRESENT: Khoury, Trandell, Kretschmer, Castetter, Graziano MEMBERS ABSENT: Williams, O’Laughlin STAFF MEMBERS PRESENT: Brian Simmons, Director of Community Development Chairman Khoury called the meeting to order at 6:00 PM, and Director Simmons called the roll. Chairman Khoury explained the meeting process to the attending public. Chairman Khoury presented minutes from previous hearings for approval. The minutes were approved by voice vote. Chairman Khoury called Village Case No. 25- ZPA-11-002. Director Simmons presented an overview of the zoning history of the parcel and existing development. Director Simmons stated the proposed plat of subdivision is a condition of approval for the zoning entitlements granted to the development in July of 2025. The proposed plat is compliant with the requirements of the Village’s Unified Development Ordinance and will create the necessary lots of record and easements to serve the development. Staff is recommending approval of the proposed plat of subdivision. Member Graziano asked for clarification on the name of the plat noted in proposed condition 1 versus the name of the planned development. Director Simmons clarified the reasoning for the condition. Chairman Khoury asked the petitioner to provide any additional comments regarding the request. Mr. Shepherd stated he had nothing to add regarding the plat. Chairman Khoury opened the meeting for public comment from those in attendance. With no public comments received Chairman Khoury closed the public comment portion of the hearing. Chairman Khoury entertained a motion. Member Kretschmer moved, seconded by Member Castetter, to recommend to the Village Board of Trustees, Approval of the final plat of subdivision for the Three Oaks Road Planned Development, subject to the following corrections prior to recording: Board of Zoning, Planning and Appeals December 11, 2025 25-ZPA-11-002 Patrick Khoury, Chair [PAGE 5] 1. The title of the plat shall read as “Final Plat of Subdivision for Cary Bus Depot” 2. The Village Engineer’s certificate shall be revised to read as follows: STATE OF ILLINOIS ) COUNTY OF MCHENRY ) SS. I, ____________, a professional engineer acting as a consultant to the Village of Cary, certify that the land improvements described in the annexed plat and the plans and specifications therefore meet the minimum requirements of said Village. Dated at Cary, McHenry County, Illinois This _________ day of __________, A.D. , 20__ ________________________________________ A Professional Engineer Acting as a Consultant to the Village of Cary Aye: Khoury, Kretschmer, Trandel, Castetter, Graziano Nay: None Abstain: None Absent: Williams, O’Laughlin Motion Passed: 5-0 After hearing one additional case, Chairman Khoury entertained a motion to adjourn. All Ayes by Voice Vote. Motion Passed Respectfully submitted, ______________________ Brian Simmons, Community Development Director Board of Zoning, Planning and Appeals December 11, 2025 25-ZPA-11-002 Patrick Khoury, Chair [PAGE 6] REQUEST FOR ZONING, PLANNING & APPEALS ACTION TO: Board of Zoning, Planning and Appeals PREPARED BY: Brian Simmons, AICP Community Development Director ZPA FILE NO: 26-ZPA-01-001 PETITIONER: Cary Apothecary Attn: Tami Moore-Kedzie 1300 Mulberry Lane Cary, IL 60013 OWNER: Cambridge Exteriors Attn: Brad Turskey 20 N First Street Cary, IL 60013 PARCEL #: 19-13-229-021 LOCATION: 20 N First Street SCHEDULE: February 12, 2026 ZPA Hearing March 3, 2026 VB Meeting (Tentative) ATTACHMENTS: A. Petition and Supporting Documents REQUESTED ACTION: 1. Approval of a Conditional Use for a Massage Establishment BACKGROUND: The Petitioner, Cary Apothecary, is proposing to relocate their existing retail business to the property located at 20 N First Street. The business is seeking to occupy a vacant retail space within this building which is also contains Cambridge Exteriors. As proposed the business will provide retail, mental health services, and massage therapy. Per the Village’s Unified Development Ordinance, massage establishments require conditional use approval within the Village’s B-3 zoning district. The petitioner is seeking approval of a conditional use related to these massage services. The ZPA hearing was properly noticed in the January 28, 2026, edition of the Northwest Herald newspaper. Additionally, the Petitioner has completed the required written notice to property owners within 250 feet and staff posted a public hearing sign on the Subject Property. STAFF ANALYSIS The subject property is located on the southwest corner of the intersection of First Street and Park Avenue, just north of Northwest Highway. The subject property is zoned B-3 Fringe Business District and is bordered by the B-3 district to the east and south, the PO Park and Open Space District to the west, and the R-2A Single-Family Residential District to the north. The subject property was part of the original corporate limits of the Village in 1893 and was the original location for the Cary Dairy milk manufacturer. In 2008 the property received zoning approvals for the reconstruction of the property for the current primary tenant Cambridge Exteriors including variances to [PAGE 7] 26-ZPA-01-001 building setbacks, off-street parking requirements, lot coverage, and increased fence height. In 2017 the Village Board approved a conditional use and variance for the installation of an electronic message center wall sign. Conditional Use The petitioner is seeking to relocate their existing business from another location within the Village to the subject property. Currently the business only provides retail sales of various health related products. The petitioner is seeking to expand their business by providing additional health and wellness services, which include offering massage. Per the Village’s Unified Development Ordinance massage establishments are required to obtain conditional use approval prior to their operation within the Village and are required to adhere to various performance measures including obtaining an annual license. Although massage will not be the primary service offered, the business is required to still adhere to the Village’s requirements for a massage establishment. The Petitioner is seeking to occupy an existing storefront within the building and is proposing no external modifications to the property to accommodate the use. The following is an overview of the Village’s requirements for massage establishments and the Petitioners applicable compliance: Massage Establishment Requirements Per Section 14.3.12 of the Unified Development Ordinance, any establishment providing massage services must meet the following requirements: 14.3.12 – Massage Establishments 1. Fixed Location Required: It shall be unlawful to operate a massage establishment outside of an enclosed space within a building. All massage establishments must have all required State of Illinois and Village of Cary licenses or certificates necessary for the operation of the business and comply with the appropriate standards. • The business will have a fixed location within an existing building and will obtain all the necessary licenses from the State and Village prior to operation on the premises. No external modifications are proposed to the property or building where the business will be located. 2. Licensing Requirements: All massage establishments shall comply with the applicable licensing requirements of Section 5.36 of the Village of Cary Municipal Code and obtain a certificate of occupancy from the Village prior to the operation of any business operations on the premises. Specifically, the provisions for both Facility (5.36.150) and General (5.36.160) licensing requirements shall be considered as part of a conditional use permit application for compliance. • The petitioner has provided a written narrative indicating the business will comply with the applicable license requirements for their massage services. 3. Location: a. A massage establishment may be located only within a zoning district in accordance with the provisions of Chapter 2 of this Title. • The subject property is zoned B-3 Fringe Business District which allows massage establishments as a conditional use. b. No massage establishment shall be located within one thousand (1,000) feet of a preexisting massage establishment. • The nearest preexisting massage establishment is located on Borden Avenue 1,175 feet to the west of the subject property. Page | 2 [PAGE 8] 26-ZPA-01-001 c. No massage establishment shall be located within one thousand (1,000) feet of a property line of a public or private elementary, vocational, or secondary school, college or university, a state licensed day care not within a residence, a library, or a place of worship. • The subject property is located 1,100 feet to the north of the vacant Baptist Church property on Spring Street and 1,265 south of the St. Peter and Paul Church and School property on First Street. d. Establishments which provide massage as an accessory or secondary use within their primary business operation shall also be subject to the location requirements identified in this Chapter regardless of whether the primary business operation is a conforming permitted use, or a conditional use for which a conditional use permit has been granted, under the Village Unified Development Ordinance. • The proposed establishment will provide massage in addition to other services offered within the retail space. The business will comply with the requirements for a massage establishment. 4. Signage: Any exterior or window signs proposed for the massage establishment shall comply with the requirements of Chapter 5 of this title. • The documents submitted as part of this petition did not include any information on proposed signage. Any signs installed in relation to the business will need to conform to the Village’s code requirements. Off-Street Parking As previously mentioned, the property received approval of a parking variation as part of the redevelopment of the site in 2008. The proposed use will not increase the number of required parking spaces as it will be occupying an existing retail space and will not be adding any additional square footage to the structure. As a result, the proposed use will comply with the applicable parking regulations. Per the petitioner, customers will utilize the existing parking lot which has direct access to First Street. COMPREHENSIVE PLAN DESIGNATION The subject property is currently designated as Commercial within the Village’s Comprehensive Plan. The commercial designation is appropriate for land uses which provide day-to-day retail and service needs of the community. The existing building and proposed retail and massage establishment are consistent with this designation. AUTHORITY AND JURISDICTION: Conditional Use Acting in a quasi-judicial capacity, the Board has the duty to investigate the facts and draw a conclusion on the request and to make a recommendation to the Village Board of Trustees on the text amendment. The petitioner must prove the following standards: A. That the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; B. That the use will not substantially diminish or impair the value of properties within the neighborhood, or be injurious to the use and enjoyment of other property in the immediate vicinity; C. That the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; D. That the use will not substantially contribute to an overburdening of Municipal services; that adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; and that adequate measures have been or will be taken to provide ingress and egress so as to minimize traffic congestion in the public streets; Page | 3 [PAGE 9] 26-ZPA-01-001 E. That the use will be consistent with the policies and future land use map(s) in the Village's comprehensive plan; F. That the use will comply with all other requirements of this title, including, but not limited to, the dimensional requirements of Chapter 17.20 and the supplemental use regulations in Chapter 17.50. The petitioner provided additional support for the above standards and their proposed business. The business is consistent with the existing commercial nature of the property and will be occupying an existing vacant retail space within the building. No external modifications are proposed that would have an impact on adjacent properties. The petitioner will comply with the applicable licensing requirements for the massage portion of the business. Staff is supportive of the requested conditional use for a massage establishment as the proposed use will not alter the character of the area. RECOMMENDATION: In ZPA Case File No. 26-ZPA-01-001 it is recommended that the Board of Zoning Planning and Appeals recommend approval of a conditional use for a massage establishment for the property located at 20 N First Street, subject to the following conditions: 1. The conditional use for a massage establishment shall be issued to the Cary Apothecary for the property located at 20 N First Street. 2. The proposed improvements shall substantially conform to the attached plans and exhibits as part of this petition, excepts as they may be changed to conform to Village Codes and all conditions of approval. 3. The use shall conform to the requirements of Section 14.3.12 of the Unified Development Ordinance as they pertain to a massage establishment. 4. Any signs installed on the property for the business shall comply with the applicable requirements of the Unified Development Ordinance. MOTION: The Chairman will entertain a motion to recommend to the Village Board of Trustees approval of a conditional use for a massage establishment for the property located at 20 N First Street, subject to the conditions listed in the staff report. Page | 4