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HomeMy WebLinkAboutOrdinances - 21-22 - 04/19/2021 - Use Variance for McHenry Plaza ResubdivisionCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-22 AN ORDINANCE GRANTING A USE VARIANCE FOR A MINI -WAREHOUSE (LOT 1), A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT (LOT 3), AND ZONING VARIATIONS FOR THE FINAL PLAT OF MCHENRY PLAZA RESUBDIVISION Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois April 19, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 20" day of April, 2021. ORDINANCE NO 21-22 AN ORDINANCE GRANTING A USE VARIANCE FOR A MINI -WAREHOUSE (LOT 1), A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT (LOT 3), AND ZONING VARIATIONS FOR THE FINAL PLAT OF MCHENRY PLAZA RESUBDIVISION WHEREAS, the City 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 with the City by Pearl Street Commercial, LLC ("Contract Purchaser') requesting approval of a Use Variation for a Mini -Warehouse on Lot 1, a Conditional Use Permit for a Drive-Thru Restaurant on Lot 2, and Zoning Variations including, but not limited to minimum lot width and for a 3rd egress onto McCullom Lake Road to accommodate a climate controlled storage facility, drive-thru restaurant, and 2-unit commercial building for the Final Plat of McHenry Plaza Resubdivision and legally described in "Exhibit A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 7, 2021 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 granting of the requested Use Variation, Conditional Use Permit, and Zoning Variations; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Use Variation, Conditional Use Permit, and Zoning Variations 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 BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Use Variation to operate a Mini -Warehouse on Lot 1 of the Final Plat of McHenry Plaza Resubdivision subject to the following conditions: 1. The development shall be in substantial conformance with the plans included in the Developer's Presentation attached hereto as "Exhibit B". 2. The property owner shall design and construct the proposed egress on Lot 1 to McCullom Lake Road to the specifications required by the Director of Public Works. 3. All other federal, state, and local laws shall be met. SECTION 2: In granting said Use Variation, the City Council finds that the Approval Criteria for Use Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to operate a future Drive-Thru restaurant on Lot 3 of the Final Plat of McHenry Plaza Resubdivision subject to the following conditions: 1. Any new construction that requires a drive-thru shall be subject to site plan review and approval by the Staff Plat Review Committee prior to being issued a building permit. 2. All other federal, state, and local laws shall be met. SECTION 4: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: That the SUBJECT PROPERTY is hereby granted approval of the following Variances: 1. Variance to allow a minimum lot width of 163 feet (lot 2) and 187.19 feet (lot 3) for the Final Plat of McHenry Plaza Resubdivision in lieu of the required 200 feet; and 2. Variance to allow 3,d egress onto McCullom Lake Road from Lot 1 of the Final Plat of McHenry Plaza Resubdivision; and 3. Any other variances needed to accommodate the proposed commercial development as identified in "Exhibit B". SECTION 6: In granting said Variances, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 7: 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 8: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Ayes Alderman Devine fi Alderman Glab .F Alderman Harding X Alderman Mihevc Nays Absent Abstain Alderwoman Miller Alderman Santi Alderman Schaefer Ir Wayn et , Ma or Trisha Ramel, ity Clerk A^ AlIc Exhibit A Legal Description of the Subject Property A RESUBDIVISION OF LOT 1 AND LOT 2 IN THE FINAL PLAT OF MCCULLOM PLACE LOT 1 RESUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINICPAL MERIDIAN, THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. CityCouncilMeetingMonday,April19,20217:00p.m.ProjectLocation:1860N.RichmondRoad(FormerStock+FieldBuilding)Presentationby:StevenSchwartz–PearlStreetCommercial,LLCJoeGottemoller—Gottemoller &Associates(LegalCounsel)EdwardReitan—ReitanArchitects,LLC(Architect)JosephVavrina — HRGreenInc.(Engineer)  1 5LFKPRQG5RDG0F+HQU\ ,/ /RFDWLRQ$HULDO 0DS3($5/675((7&200(5&,$/ //&3($55///5555675((675((675((777((((&200(5&,$&200(5&,$/&200(5&,$///&'HYHORSLQJ2SSRUWXQLW\1 1 1 0&&8//20/$.(52$',//,12,6 5287(  5,&+021'5' )2857+$9(18(6LWH3ODQ6&$/(    1 5LFKPRQG5RDG0F+HQU\ ,/ ([LVWLQJ 6LWH 3ODQ3($5/675((7&200(5&,$/ //&3($55///5555675((675((675((777((((&200(5&,$&200(5&,$/&200(5&,$///&1'HYHORSLQJ2SSRUWXQLW\ (;,67,1*(;,67,1*   352326('  //    21(:$<1(:'5,9(:$<61(:'5,9(:$<1(: [ $'',7,2163$&(663$&(66725$*(63$&(6/$1'$5($6/2764)725$&5(6/2764)725$&5(6/2764)725$&5(6727$/“64)725“$&5(6(;,67,1*1(:'5,9(:$<61(:'5,9(:$<1(: [ $'',7,216725$*(63$&(66725$*(63$&( ' //33333336+233,1*&(17(563$&(615LFKPRQG5RDG0F+HQU\,/3URSRVHG6LWH3ODQ3($5/675((7&200(5&,$///&3($5/675((7&200(5&,$//675((7&200(5&,$////675((7&200(5&,$/1'HYHORSLQJ2SSRUWXQLW\ (;,67,1*(;,67,1*   //   21(:$<  352326('6725$*(63$&(6(;,67,1* //21(:$< '6725$*(63$&(66725$*(63$&(33333336+233,1*&(17(563$&(615LFKPRQG5RDG0F+HQU\,//DQGVFDSH3ODQ3($5/675((7&200(5&,$///&3($5/675((7&200(5&,$//675((7&200(5&,$////675((7&200(5&,$/1'HYHORSLQJ2SSRUWXQLW\  1 5LFKPRQG5RDG0F+HQU\ ,/ 'HWDLOHG /DQGVFDSH 3ODQ2XWORW3($5/675((7&200(5&,$/ //&3($555///555555675((675((675((777((((&200(5&,$&200(5&,$/&200(5&,$&200(5&,$///&1'HYHORSLQJ2SSRUWXQLW\ 15LFKPRQG5RDG0F+HQU\,/'HWDLOHG/DQGVFDSH3ODQ6WRUDJH3($5/675((7&200(5&,$///&3($5/675((7&200(5&,$////675((7&200(5&,$/'HYHORSLQJ2SSRUWXQLW\ (;,67,1*(;,67,1*   //   21(:$<  352326('6725$*(63$&(6(;,67,1* //21(:$< '6725$*(63$&(66725$*(63$&(33333336+233,1*&(17(563$&(615LFKPRQG5RDG0F+HQU\,//DQGVFDSH3ODQZLWK$HULDO3($5/675((7&200(5&,$///&3($5/675((7&200(5&,$//675((7&200(5&,$////675((7&200(5&,$/1'HYHORSLQJ2SSRUWXQLW\ (;,67,1(;,67,1*   //    21(:$<  352326('6725$*(63$&(6(;,67,1* //21(:$< '6725$*(63$&(66725$*(63$&(3333336+233,1*&(17(563$&(66LJQDJH3ODQ15LFKPRQG5RDG0F+HQU\,/3($5/675((7&200(5&,$///&3($5/675((7&200(5&,$////675((7&200(5&,$/1'HYHORSLQJ2SSRUWXQLW\  1 5LFKPRQG5RDG0F+HQU\ ,/ 3($5/675((7&200(5&,$/ //&3($55////5555675((675((675((675((7777(((((&200(5&,$&200(5&,$/&200(5&,$/&200(5&,$///&'HYHORSLQJ2SSRUWXQLW\6WRUDJH (OHYDWLRQV  1 5LFKPRQG5RDG0F+HQU\ ,/ 3($5/675((7&200(5&,$/ //&3($55///5555675((675((675((777((((&200(5&,$&200(5&,$/&200(5&,$///&'HYHORSLQJ2SSRUWXQLW\6WRUDJH)ORRU3ODQ )URQW (OHYDWLRQ $'$ $'$ SHELVING BY MILLWORK VENDOR 8' SHELVES3' SHELVES6' SHELVES 1 5LFKPRQG5RDG0F+HQU\ ,/ 3($5/675((7&200(5&,$/ //&3($55///5555675((675((675((777((((&200(5&,$&200(5&,$/&200(5&,$///&'HYHORSLQJ2SSRUWXQLW\2XWORW)ORRU3ODQV )URQW (OHYDWLRQ  1 5LFKPRQG5RDG0F+HQU\ ,/ 3($5/675((7&200(5&,$/ //&3($555///555555675((675((675((777((((&200(5&,$&200(5&,$/&200(5&,$&200(5&,$///&1'HYHORSLQJ2SSRUWXQLW\2XWORW (OHYDWLRQ Steven L. Schwartz is a principal of Pearl Street Commercial, LLC and is involved in acquisitions and development of commercial properties, including ground up retail, land development, and asset redevelopment. Prior to launching Pearl StreetCommercial thirteen years ago, he was Director of Development for the Shiner Group. As Director, he was responsible for overall land acquisition and retail development for the Midwest States, including Illinois, Indiana, Wisconsin, Missouri and Michigan. Over the past 24 years, he has developed over 1.5 million square feet of retail & commercial space encompassing over 250 acres and $200,000,000 of construction value.Mr. Schwartz has also worked for two Fortune 500 companies, Safeway/Dominick’s, and BP Amoco as a Real Estate Manager responsible for new store development. He also worked for A. Epstein & Sons coordinating all aspects of site development and entitlement for Albertson/Jewel for their former freestanding Osco drugstore program in both Iowa and Illinois.Mr. Schwartz holds a J.D. from Chicago Kent College of Law (licensed since 1991) and graduated with a B.A. in Political Science from Colby College, Waterville, Maine. He is a member of the International Council of Shopping Centers as well as a candidatemember of the Commercial Investment Real Estate Institute (CCIM). He is a licensed real estate broker in Illinois. He currently resides in Glenview with his wife, Susan. They have two adult children, Daniel and Rachel.Steven L. Schwartz, J.D.Principal, Pearl Street Commercial, LLC´'HYHORSLQJ2SSRUWXQLW\µ Staff Report for the City of McHenry Planning & Zoning Commission Petition: Z-986 Hearing Date: April 7, 2021 Applicant: Pearl Street Commercial, LLC of 2207 Site Information: The Subject Property consists of Patriot Blvd, Glenview, IL 60026 ("Contract 8.934 acres, more or less, and is located on the Purchaser") southeast corner of the intersection of N. Richmond Road and McCullom Lake Road with a Request: A Final Plat of Resubdivision, a Use common address of 1860 N Richmond Road, in Variance to allow a Mini -Warehouse, a Conditiona McHenry, IL 60050 ("Subject Property") Use Permit to allow a future Drive-Thru Restaurant, Zoning Variations to minimum lot Zoning: C-3 Community Commercial District width, and any other variations necessary to accommodate the proposed commercial Future Land Use Designation: Commercial Kt Aerial M -1 0 Sou -- USDA, U HERE„ 200 400 F Zoning Map Zoning Districts E Estate c RS-2 RS-1 Low Density SFR E - RS-1A Medium Low Density SFR r RS-2 Medium Density SFR z RS-3 Medium High Dennity SFR - RS-4 High Density SFR - RA-1 Attached Residential — RM-1 Low Density Multi -Family RM-2 High Density Multi -family Mu Mixed use C-1 Convenience Commercial C-2 Neighborhood Commercial G-3 C-3 Community Commercial C-4 Downtown Commercial — C-5 Highway Commercial 31 BP Business Park I-1 Industrial 3rd Ave 0-1 Local Office 0-2 Office Park IDD Integrated Design Esri, HERE, Garmin, FAO, NOAA, USGS, HC Health Care enSreetMap contributors, and the GIS L- 0 200 400 Fee A-M Agriculture and Mining Overlay +� A-1 Agriculture Zoning Designation Zoning Ordinance Definitions C-3 Community Commercial District- The purpose of this district is C-3 Community Commercial intended to provide locations for a broad selection of convenience Adjacent Zoning & Land Use and comparison shoppers goods and services in centralized and highly accessible locations that serve the entire City and Surrounding areas. North: C-3 Community RA-1 Attached Residential District- The purpose of this district is Commercial District (Commercial intended to: A) Provide for intermediate housing types and Strip Mall) densities between single-family detached and apartment South: C-3 Community development in order to further a balanced distribution of Commercial District/R-1 Single nonsingle-family detached housing in the City; 6) Provide for Family Residential intermediate density residential development in locations where (Unincorporated) apartment buildings would not be compatible; and C) Provide a East: RA-1 Attached Single Family flexible manner for numbers and sizes of dwelling units that will Residential produce approximate population densities of up to twenty (20) West: C-3 Community persons per acre in such dispersed locations as will produce Commercial District (Commercial minimal conflict with single-family areas. Strip Mall) City of McHenry Future Land Use Map C07MfffflM, 1 Future Land Use ommercial Commercial Commercial Low Density Residential Estate Residential Commercial Institutional Low Density Residential High-D i Medium -Density Residential Resi �ntial z High-Denisty Residential Integrated Design District High-Denisty Industrial Residential Business Park C I Commercial Institutional Office Municipal ll C Institutional Commercial Parks and Conservation Area Commercial 3311 Agricultural Environmental Corridors Low De Reside Water Medium -Density Other Residential S•urce : Esri, HERE, Garmin, FAO, NOAA, USGS, e �treetMap contributors, and the GIS Institutional 0 200 400 Fee Future Land Use MapDesignation Comprehensive Plan Text Commercial - Land used for conducting the sale of goods and or Commercial services for profit. Adjacent Future Land Use Medium -Density Residential- 4 to 9 dwelling units per gross acre Institutional- Non-profit or quasi -public uses including, religious, educational, hospital and library facilities. North: Commercial Land Use Objectives: South: Commercial/Medium-Density 1) "Allow a mixture of land uses in appropriate areas to promote Residential East: Institutional/High-Density responsible growth while providing a high quality of life to the Residential residents. " (p. 27) West: Commercial 2) "Encourage planned, high quality growth throughout the City." (p. 27) 3) "Encourage redevelopment of older commercial areas by adopting Sub -Area Plans or working through the different sections of the Plan to help facilitate development." (p. 27) SStaff 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, Pearl Street Commercial LLC. (Contract Purchaser), is requesting approval of the following items: x A Final Plat of McHenry Plaza Resubdivision; x A Use Variance to allow a mini-ware house on Lot 1 (former Stock and Field building); x A Conditional Use Permit on Lot 3 to allow a future drive-thru restaurant (TBD); x A Zoning Variation to allow a minimum lot width of 187 feet (outlot 3), and 163 feet (outlot 2) in lieu of the required 200 feet adjacent to an arterial roadway. x Any other zoning variances necessary to accommodate the proposed commercial development. The site consists of 8.934 acres, more or less, and is located on the southeast corner of N. Richmond Road and McCullom Lake Road, with a common address of 1860 N. Richmond Road, McHenry, IL 60050 (“Subject Property”). Formerly occupied by Stock and Field (Big R), the former tenant shuttered its operations nationwide earlier this year. The petitioner is proposing a new climate controlled self-storage facility to occupy the space which the Zoning Ordinance defines as a Mini-Warehouse. Mini-Warehouses are not permitted uses within the C-3 Community Commercial District and therefore will require approval of a use variation to proceed. The petitioner is also requesting approval of a conditional use permit to operate a future drive-thru restaurant on outlot 3 (northwest parcel). Because a future tenant has not been identified, the petitioner is proposing a generic site plan for the drive-thru restaurant. Staff is comfortable with the request and will be recommending a condition be added that final site plan approval be reviewed and approved administratively by the Staff Plat Review Committee. All other ordinance requirements shall be met. Proposed on outlot 2 is a two-unit commercial building that will be occupied by Aspen Dental and Wellnow (small community walk-in healthcare facility). Medical and dental offices are both permitted uses within the C- 3 Community Commercial District. No variations are requested for the site and the proposed building and operations appear to be in compliance with all ordinance requirements. CITY OF MCHENRY ORDINANCES x The petitioner must meet the Approval Criteria for Conditional uses, listed in §11-15-5 of the City of McHenry Zoning Ordinance. x The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry Zoning Ordinance. x The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of McHenry Zoning Ordinance. x The petitioner must meet the standards and specifications of Title 12 of the Subdivision Control and Development Ordinance in the City of McHenry Municipal Code. STAFF ANALYSIS FFUTURE LAND USE MAP RECOMMENDATION The future land use map recommends commercial land use on the subject property. The proposed drive-thru restaurant, mini-warehouse, and commercial resubdivision are in substantial conformance with the commercial future land use recommendation. CURRENT LAND USE AND ZONING The subject property is currently zoned C-3 Community Commercial District and has operated as a commercial strip mall since inception. Due to the changing economic environment that has caused a downward trend in retail space per capita nationwide, big box retail is in the process of contracting to a new equilibrium. These once appropriate uses that were ideal for the C-3 Community Commercial District are now becoming more challenging to sustain and require higher population density. There are no concerns regarding traffic generated as a result of the proposed development. COMPREHENSIVE PLAN OBJECTIVES AND POLICIES Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Staff comments italicized. x 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. o Policy – “Preserve and expand areas of Commercial land use.” (p. 27) ƒ Approval of the applicant’s request would preserve and expand areas of commercial land use. x Land Use, Objective – Encourage planned, high quality growth throughout the City. o Policy – “Encourage redevelopment of older commercial areas by adopting Sub-Area Plans or working through the different sections of the Plan to help facilitate the development.” (p. 48) ƒ This particular commercial area is struggling due to the recent decline in big box retail stores. The City will need to adapt and respond appropriately to this ongoing trend. Staff believes the proposed commercial/service uses are appropriate for the area. SITE PLAN ANALYSIS The proposed resubdivision will create two new commercial outlots. Due to the proximity of the outlots to an arterial roadway, the Zoning Ordinance requires a mimimum lot width of 200 feet. Staff does not believe the variation request to minimum lot width will generate any adverse impacts on the surrounding properties. The petitioner is proposing a generic drive-thru restaurant on outlot 3 that typically would have required a site plan. The Community Development and Economic Development Department have been working closely with the petitioner to help attract a drive-thru restaurant or other retail commercial element for the site. Staff is recommending a condition be added that final approval of the site plan be subject to review and approval by the recently created Staff Plat Review Committee. As a reminder, the Staff Plat Review Committee consists of the Public Works Director, Staff Engineer, Community Development Director, City Planner, Economic Development Director, and Chief of Police. The proposed landscaping plan includes an approximate 300-foot long landscape perimeter along the north building façade of the self-storage building, replacement and addition of parking island trees, and five additional shade trees along the east property line abutting the residential townhome subdivision. The developer is adding a net increase of 26 trees for a total of 46 trees. Overall, staff believes the proposed landscape plan is in substantial conformance with the City of McHenry Landscaping and Screening Ordinance. SSTAFF RECOMMENDATION & MOTION In summary, staff believes the proposed commercial redevelopment is in substantial conformance with the City of McHenry Zoning Ordinance. The aftermath of the recession has left the City with large vacant commercial spaces that have struggled to retain commercial tenants for over a decade. Retail space per capita nationwide continues to decline and more recently accelerated due to COVID-19. Staff believes the proposed mini-warehouse, future drive-thru, and commercial outlots will attract significant reinvestment into the commercial corridor. Staff does not believe approval of the petitioner’s requests would generate any adverse impacts on the surrounding property owners. The development appears to be in compliance with the City of McHenry Comprehensive Plan and Development Policies. Staff does not object to the petitioner’s requests and recommends approval subject to appropriate conditions. If the Planning & Zoning Commission agrees with staff’s assessment then four separate motions are recommended: 1st MOTION: I motion to approve the Final Plat of McHenry Plaza Resubdivision as presented. 2nd MOTION: I motion to approve the petitioner’s request for a use variance to allow a mini-warehouse on Lot 1 of the McHenry Plaza Resubdivision subject to the following conditions: 1. The development shall be in substantial conformance with the submitted site plan and landscaping plan. 2. All other federal, state, and local laws shall be met. AND by making said motion, I agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. APPROVAL CRITERIA FOR USE VARIANCES (§11-19-6) A. Practical Difficulties or Particular Hardship. Staff believes the strict application of the provisions of the Zoning Ordinance would result in an unnecessary and undue hardship upon the applicant. The recent decline in big box retail has only been accelerated due to changing consumer preferences as well as COVID-19. B. Reasonable Return. Staff believes the subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations. Attracting a retail or commercial element to occupy large commercial space is extremely challenging. C. Unique Circumstance. Staff does believe the request is under special circumstances uniquely for this property due to the sheer size of the building and the decades-long decline in big box retail stores. D. Not Alter Local Character. Staff does not believe approval of the request will generate any adverse impacts on the surrounding area and the new investment into the property that includes significant improvements to landscaping will benefit the adjacent property owners. E. Consistent With Title And Comprehensive Plan. The developer is proposing commercial use and the Future Land Use Map recommends commercial land use. Staff believes the overall request is consistent with the Title and Comprehensive Plan. 3rd MOTION: I motion to approve the petitioner’s request for the a zoning variation to allow a minimum lot width of 163 feet (lot 2) and 187.19 feet (lot 3) in lieu of the required 200 feet, and any other variances necessary to accommodate the proposed development. AND By making said motion I agree with staff’s assessment that the approval criteria for zoning variances have been met as outlined in the staff report. VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below. A. Special Circumstances Not Found Elsewhere. Staff believes this is an unusual circumstance due to the configuration of the original subdivision layout. The land would be challenging to repurpose and meet the arterial lot dimension ordinance requirements. B. Circumstances Relate to the Property Only. Staff believes this is a special circumstance as a result of the prior subdivision layout. C. Not Resulting From Applicant Action. The applicant did not create the original layout of the subdivision. D. Unnecessary Hardship. Staff believes if the city enforces the ordinance that it would cause undue hardship on the applicant since the land would likely remain unusable and the proposed commercial uses are appropriate for the area based on the Future Land Use Map recommendation for commercial. 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 without approval, the petitioner would be denied reasonable use and enjoyment of the property. G. Not Alter Local Character. Staff believes approval of the petitioner’s request would not substantially alter essential character of the locality nor have any other adverse impacts. Improvements to the subject property would positively impact the surrounding area. H. Consistent With Title And Plan. The future land use map recommends commercial development for the site and the proposal is for commercial land use. Staff believes the proposal is consistent with the title and plan. I. Minimum Variance Recommended. Staff believes the proposed variance requests are the minimum required. 4th MOTION: I motion to approve the petitioner’s request for a Conditional Use Permit to allow a drive-thru restaurant on lot 3 of the Final Plat of McHenry Plaza Resubdivision subject to the following conditions: 1. Any new construction that requires a drive-thru shall be subject to site plan review and approval by the Staff Plat Review Committee prior to being issued a building permit. 2. All other state, federal, and local laws shall be met. AND by making said motion, I agree with the staff’s assessment as outlined in the staff report that the approval criteria for conditional uses has been met. APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below. A. Traffic. Staff does not believe approval of the petitioner’s request would generate any adverse traffic impacts. B. Environmental Nuisance. Staff does not believe approval of the petitioner’s request would generate any environmental nuisances. Located off of a state route, the proposed auto-dependent use is appropriate for the area. C. Neighborhood Character. Lot 3 is wholly surrounded by commercial uses. The proposed commercial use is appropriate and will be harmonious with the surrounding properties. D. Public Services and Facilities. The site is presently serviced by City Water and Sanitary Sewer. E. Public Safety and Health. Staff does not believe the proposed use will generate any adverse impacts on public safety and health. F. Other Factors. Staff believes the proposed auto-dependent use is appropriate due to the site being located off of a state route. Attachments: x Petitioner’s Application and attachments x Receipt of publication of legal notice File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry, IL 60050 - Tel: (815) 363-2170 - Fax: (815) 363-2173 1. Name of Applicant Pearl Street Commercial, LLC Tel 847.S67.7200 Address 2207 Patriot Blvd, Glenview, IL 60026 Fax 847.510.0454 Email stevenschwartzl@gnaail.com 2. Name of Property Owner Illiana Realty, LLC Tel (If other than Applicant) Address P.O. Box 158, Watseka, Illinois 60970-0158 Fax Email 3. Name of Engineer HR Green Inc. (Joseph Vavrina Sr. Project Manager) Tel 815.759.8363 (If represented) Address 420 N. Front St., Ste 100, McHenry, IL 60050 _ Fax 815.385.1781 Email _jvavrina@hrgreen.com 4. Name of Attorney Joe Gottemoller- Madsen Sud en & Gottemoller Tel 815.459.5152 (If represented) Address 1N. Virginia Street Qjystal Lake IL 60014 Fax 815.R'2.9940 Emai l_j oe@m chenrycountylaw. coin 5. Common Address or Location of Property 1860 Richmond Road McHoM Illinois 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit X Zoning Variance (Non-residential) Zoning Variance — Ming (Residential) Zoning Text Amendment X Use Variance Public Hearing Application Packet Page 1 of 13 NARRATIVE Provide a brief description of the Requested Action(s). For example, the operatior. that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning clai sification that is requested: Separate Narrative provided- 7. Current Use of Property _ This property was formerl.l�occupied by Stock and Field (formerly Big l which declared bankru tc in JanuaKy of this year and just completed a li uidatior sale and closed their doors at the end of March. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses (interactive Zoning Map) C-3 Community Commercial 9. Current Zoning Classification and Land Use of Adjoining Properties {Interactive Zoni Ma } North: C-3 Commercial — McDonald's and shopping center South: C-3 Commercial — strip shopping centers including Po a e's restaurant, various retail tenants and A lebee's. East: RA-1 attached residential — landscape screening, detention pond and tow.1houses West: C-3 Commercial — strip retail shopping center including Panera Athletic , Jersey Mike's 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 3,000. X 2. Narrative Description of Request X 3. FORM A Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5. FORM C Conditional Use Application X 6. FORM D — Zoning Variance Application X 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties X 11. Public Hearing Notice X 12. Sign (Provided by the City) X 13. Site Plan Public Hearing Application Packet Owner in the Form of an Page 2 of 13 X 14. Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant rr ust be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application .hall 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 hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) - Contract Purchaser PEARL STREET COMMERCIAL, LLC Public Hearing Application Packet Page 3 of 13 11 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street 13 McHenry, IL 60050 o Tel: (815) 363-2170 t, Fax: (815)=,63-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommend ng 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 reque;�ted action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Our development plan includes the resubdivision and creation of two new outlots with stand-alone buildings. The corner outlot Lot 3 includes a proposed restaurant pad with drive-thrz that requires a conditional use permit for the drive thru. The proposed restaurant will not have an adverse impact to traffic flows because all the circulation and access to the restaurant pad is strictly_ within the shopping center with no other direct access.. to Rte 31 or McCullum Lake Road except through established and existing drivewa s. The restaurant will be designed with the proper 5 car stacking reAuirement along with requisite parking for this use in order to minimize any adverse traffic impact 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. The proposed restaurant pad with drive-thru would not have an adverse effect on noise ;lace, odor, dust, waste block�f light or other environmental effects of a type or degree not characteristic of permitted uses in the C-3 Community Commercial district. Although there is no specific restaurant user under contract at this time, we have designed the lot to meet all code requirements for la_n_ dscapin screening, trash enclosure. noise. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made ;haracter 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. The proposed restaurant outlot will not have an undue deleterious effect on the enviro imental duality, property values, or neighborhood character existing in the area since the site is within a commercial shopping enter with similar uses and stand-alone restaurants with and without drive-thru uses. Public Hearing Application Packet Page 4 of 13 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 restaurant use will not place undue burdens upon existing developments in the area, nor result in disproportionate demand for new services or facilities within the community. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, parons, or visitors associated with the use nor of the general public in the vicinity. The proposed restaurant use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor the general public in the vicinily since this commercial shoppin. center was designed specifically to serve the community within this commercial district. b. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The proposed restaurant outlot is in harmony with other elements of compatibilitypertinent to the Conditional Use for this location because it is created within a shopping center servin ; the community with similar uses and users. The drive-thru. use will be compatible_ with the requested Co iditional Use for this center. Public Hearing Application Packet Page 5 of 13 11 FORM D File Nunber f�I_C�]�17►Ce�7� Planning and Zoning Commission City of McHenry 333 South Green Street - McHenry, IL 60050 , Tel: (815) 363-2170 - Fax: (815) ;63-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall tran,,mit 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. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstan;es are not of so general or recurrent a nature as to make it reasonably practical to provide a general re€u.lation to cover them. The proposed resubdivision creates 2 outlots along Rte 31 with complementary retail and medical/dental uses within the shopping center. Aspen Dental and Wellnow will occupy a two -tenant brick building on Lot 2._ The proposed subdivided lots require a„variance for a minimum lot width adjac,nt to an arterial roadway because the Zoning Ordinance requires a minimum lot width of 200 ft in lieu of the proposed 187.4 ft and 162.97 ft lots widths. Special circumstances do exist because the existing parking field designed for the former Target store defines the overall width between current ROW and the existing ri ht-in/right-out serving the along State Rte 31. It is important to note that there have been several IDOT ROW talcin s along both State Rte 31 and McCollum Lake Road over the years to accommodate critical roadway widenings and improvements to accommodate additional through and turn lanes for this signalized intersection. As a result of the original design of the Target parking field existing ri ht-in/ri hg t-ou. access into the center and ROW takings over time- it is not reasonably_ practical or possible to satisfy t;iis minimum lot width. However, the outlot designs do provide for proper parking, circulation and landscape screening to ensure compliance with other important aspects of the City of McHenry's code. 2. Circumstances Relate to Propejjy OnIy Since a variance will affect the character of its surroundings long after a property ch,-.nges Lands, the special circumstances referenced herein relate only to the physical character of the land cr building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to parry on therein, or to the personal, business or financial circumstances of such owner or tenant or any tither party with interest in the property. Public Hearing Application Packet Page 6 of 13 The requested minimum lot width described above for the two subdivided retail outlots along State Rte 31 will not adversely affect the businesses or activities for the existing tenants and owner's of businesses within the shopping center; but rather add to the vibrancy and activity of customers utilizing and frequenting_ other businesses_ in this center. The granting of the requested minimum_ of variance will provide overall economic benefit to all owner's and operators of businesses within the cerkter. 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any aci of the applicant or of any other party with interest in the property. The special circumstances related to this requested minimum lot variance_ was not a result of, nor created from any act of this applicant or parties with interest to this transaction. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The strict application of the provisions of the Zoning Ordinance regarding minimum lot width would result in unnecessary and undue hardship upon the applicant. The overall design of the two outlots based upon the existing hardship does not adversely affect the center since the outlots have been designed to allow for proper parking,circulation between customers utilizing the services of-ered by Aspen Dental/Wellnow and proposed restaurant use. 5. Preserves Rights Conferred by_,District A variance is necessary for the applicant to preserve and enjoy a substantial property rii ht possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. The. -requested minimum lot width variance is necessary .by this applicant to preserve and en'o a substantial ro ertright possessed b other properties in the same zoningdistrict and cues not confer a special privilege denied to other properties in the district. The proposed subdivision and outlot development will enhance the retail attractiveness of this corridor and help drive additional retail interest and customers back to this center. Good retail development begets additional retail development and we are confident will generate renewed interest in this shopping center and business corridor 6. — Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's monomic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. The granting of this variance is necessary in order to create sygergistic retail and medical uses for these two corner outlots along the frontage of the shopping center. Many of today's retail use:; such as dental medical and restaurants require stand-alone development and operations along a primary retail corridor and will not be satisfied or lease in -line retails ace as was often done in the past with traditional shopping centers Public Hearing Application Packet Page 7 of 13 7. Not Alter Local Character The granting of a 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. The granting of this minimum lot variance will not alter the essential character of :he locali1y. nor substantially impair the environmental quality, property values, or public safety or welfare. Rather, the proposed two lot subdivision will create two high quality stand-alone developments tliat will enhance proper1y values and add to the character of this localfty and corridor. These proposed two outlots do not create any additional adverse impact to public safety or welfare because primary access .nd circulation is within the existina center with no additional access to the existing roadways. and intersection. 8._ Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and inter t of the Zoning Ordinance and. Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. The granting of the minimum Iot width variance requested will be in han-noLiy with the general purpose and intent of the Zoning; Ordinance and Comprehensive Plan of the city, as viewed in light of than in conditions since their adoption. The request d variance for all of the reasons described above achieves the ggneral )se and intent of the Zoning Ordinance and City's Code and. Plan by creating a first rate retail development that serves the general public's needs within a retail corridor and existing shopping center. The gjantinl; of this variance will enhance this shopping center, while ensuring overall good design, proper landscoin; and circulation and parking between complementary retail and medical/dental uses. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. The minimum lot width variance requested will provide this applicant with reasonable use and enjoyment of.the_property as set forth in the submission for the two -tenant building (Aspen Dental afLd Wellnow) and proposed restaurant with a drive-thru to complement and enhance this sbopl2ing center. Public Hearing Application Packet Page 8 of 13 11 FORME File Number USE VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry, IL 60050 - Tel: (815) 363-2170 4 Fax: (815) :�63-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommencing approval or conditional approval of a use variance, the Planning and Zoning Commission shall tray smit 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. I . Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance 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 a mere inconvenience. The strict application of the provisions of the Zoning Ordinance relatingto o the use of the building (former Target, former Big Itformer Stock & Field) would result in an urmecessaa and undue hardship upon the applicant. Pearl Street Commercial has converted and developed many similar v�.cant boxes and buildings to Class A climate controlled self -storage with a drive-thru component 2. Reasonable Return The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. The 95,000+ sq. ft. vacant building originallydesigned for Target and that was last occupied by Stock & Field before they went bankrupt and liquidated will be a.very difficult to convert into other retail uses that are allowed pursuant to the C-3 commercial zoning district in this challenging retail {;nvironment and difficult times. Not only did the primary retail corridor move to the north but there are many vacant big, medium and smaller retail centers, including the former K-mart across the street and nearby shopping centers competingfor the same limited short list of viable retail users in a marketplace an corridor where many are staiggling to stay open and in business post Covid. The increasing presence of on -demand delivery providers like Amazon and others internet driven_ businesses would result in continued vacancy or retail failure. Pearl Street Commercial bas a track record of converting similar boxes to viable Klass A climate controlled self -storage facilities with drive-thru components serving the community, while providing additional direct benefit to this shoppiLig. center by the creation and development of the proposed outlots. Public ldearing Application Packet Page 9 of 13 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. This former Target building -which is similar to the former Walmart building converted down the street by U-Haul will continue to be a challenge to a successful retail redevelopment due to its size and. overall competition in this corridor with other competing vacant or soon to be vacant boxes. This Class A climate controlled self -storage conversion will serve a need within the comrawifty, v hile eliminating another difficult to lease big box within a center that has significant vacancy already due to the challenging marketplace. Granting of the Use variance for self -storage reduces the vacant opportunities peculiar to this shopping center, while creating two new retail outlots that offer a positive solution to these special circumstances and location. Again, we are confident that this redevelopment and granting of the Use variance will renew interest in the overall shopping center. It is also important 10 know that the Owner's of the different in -line and stand-alone buildings within the shoping center support the storage use and the proposed outlot development for Aspen Dental/Wellnow. 4. Not Alter Local Charactera 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. The granting of this use variance will help eliminate another large vacant building within the McHenry community and the retail corridor. The proposed conversion of the former Targetlin for Class A climate controlled self-storag—ealong with the creation of retail outlots will help to revitali ze this shopping center while bringing fresh desi gn and renewed focus and interest to the balance of the center. 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and inteirt of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes cond tions since their adoption. The ,.rigof the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the Ca.The. Class A climate controlled self stora e facili with drive-thru will help buffer more intensive uses and expected tenancies within the shopping center as a result of the overall investment in the vacant big box and retail outlots created Public Heating Application Packet Page 10 of 13 Form F PLAT/DEVELOPMENT APPLICATION City of McHenry 333 South Green Street c McHenry, IL 60050 ° Tel: (815) 363-2170 - Fax: (815) 363.2173 1. Name of Applicant Pearl Street Commercial LLC Tel 847.86 7.7200 Address 2207 Patriot Blvd Glenview IL 60026 Fax 847.510.0454 2. Name of Property Owner Illiana Realty, LLC Tel (If other than Applicant) Address P.O Box 158 Watseka, Illinois 60970-0I58 Fax 3. Name of Engineer HR Green, Inc. (Milan Dobrosavlievic, Leader) Tel 815.32 ).7118 (If represented) Address 420 N. Front St., Ste 100, McHenry, IL 60050 Fax 815.462.9328 4. Name of Attorney Joe.Got_temoller- Madsen, Sudgen & Gottemoller Tel 815.45'a.5152 If represented) Address I N. Virginia Street, Crystal Lake, IL 6.0014 Fax 815.382.9940 5. Common Address or Location of Property 1860 Richmond Road, McHenry 6. Requested Action Preliminary Plat X Final Plat Development Provide a brief description of the Requested Action. For example, indicate the number of lots and the type of subdivision (single-family, townhome, commercial, industrial, etc.) or include a description of the development project: The proposed 3 lot resubdivision was previously subdivided into a 2 lot commercial resubdivision b Illiana Realty, LLC on April 24, 2019 and recorded September 4, 2019- in order to accommodate a potential retail strip center. The proposed 3 lot commercial resubdivision is requested to accommodate a two -tenant retail outlot development including Wellnow and Aspen Dental and a separat with outlot for a potential restaurant with drive-thru. Public Hearing Application Packet Page I 1 of 13 7. Current Use of Property Parking lot of the former Stock & Field (former Big R) that liquidated and closed at the end of March 2021. 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-3 Community Commercial 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-3 Commercial — McDonald's and shopping center South: C-3 Commercial — Shopping center including Popeye's restaurant, various retail tenants and Applebee's. East: RA-1 attached residential — detention pond and screening West: C-3 Commercial — strip retail shopping center including Panera, Athletico, Jersey Mike's 10. Required Attachments - Please refer to the attached checklist. 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of .he owner(s). hi addition, an affidavit of the owners(s) shall be filed with the application stating that fie 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 i 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 th use shareholders or limited partners owning in excess of five percent of the outstanding stock o.- 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. Public Hearing Application Packet Page 12 of 13 12. Certification 1 hereby certify that I am aware of all code requirements of the City of McHenry teat 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 the City process this application in accordance with the codes a id ordinances of the City. Signature of Applicant(s) Print Name and Designation of Applicant(s) — Contract Purchaser Pearl Street Commercial, LLC Public Hearing Application Packet Page 13 of 13 szR o4a70 ARTICLE 2 EASEMENTS 2.1 Incress and Egress, During the term of this. OEA, each Party hereby grants and conveys to each other Party for its use and `for the use of its Permittees, in common with others entitled to use the same, a nonexclusive easement for the passage and parking of vehicles over and across the parking and driveway � areas of the grantor's Tract, as the same may from time, to time be constructed and maintained for such use, and for the passage and accommodation of pedestrians over and across the parking, driveway and sidewalk areas of the grantor's Tract, as the same may from time to time be constructed aixd maintained for such use. such easement rights shall be subject to the following reservations as well as any other applicable provisions contained in this OEA: 0) Each Party further reserves the right to close off its portion of the Common Area for such reasonable period of time as may be legally necessary, in the opinion of such Party's counsel, to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing off any portior of the -Common Area, as herein provided, such Par,:y shall give written notice to each other Party of its intention to do so, and shall attempt to co[rdinate such closing with each other Party so that no unreasonable interference with the passage of pedestrians or vehicles shall occur, and (ii) Each Party reserves the right at any time and from '�nlfrl.) time to time to exclude and restrain any,Per�on who et V14..1�/ ne - is not a Permittee from using its portion of the Common Area, (A) Each Party hereby grants and conveys to each other Party non-exclusive perpetual easements in, to, over., under, along and across those portions of the Common Area (exclusive of any portion located within a Building Area) located on the grantors Tract necessary for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation and removal of Utility Lines serving the grantee's Tract, including but not limited to, sanitary sewers, storm drains, and water (fire and domestic), gas, electrical, telephone and communication lines. All 'Utility Lines shall be underground except: {i) ground mounted electrical transformers; as may be necessary during periods of construction, reconstruction, repair or temporary service; JKG0322 06/18/92 UO3 92-56-2411,3 93R 075 P014t I. Except as otherwise provided in this First Amendment, capitalized terms shall have the same meaning herein as in the OEA. 2. Relative to the definitions of '"Target Tract" and "Developer Tract" contained in the OEA, the parties agree that, for all purposes of the OEA, (a) references to the "Target Tract" shall mean and refer to Parcel 1, as shown on the Site Plan, and (b) references to the "Developer Tract" shall mean and refer collectively to Parcel 2 and Parcel 3, as shown on the Site Plan. In addition, the parties agree that all references in the OEA, as amended by this First Amendment, to Parcel 1, Parcel 2 and/or Parcel 3 shall mean and refer to Parcel 1, Parcel 2 and/or Parcel 3, as applicable, as defined in this First Amendment. 3. Relative to the recitals to the OEA, the first two (2) recitals are hereby amended by deleting therefrom the references to 9.17 acres and 7.53 acres, respectively, and substituting in their place, respectively, 9.0265 acres as to the "Target Tract" and 7.0837 acres as to the "Developer Tract". It 4. Section 1.4 of the OEA is hereby amended by deleting therefrom the clause the "Index" shall be the Implicit Price Deflator of the Gross National Produr.t of the United States, published by the United States Department of Commerce (base year 1972 = 100)" and substituting in its place the clause "the "Index" shall be the Consumer Price Index for All Urban Consumers for Chicago -Gary -Lake County, IL -IN-WI published by the United States Bureau of Labor Statistics of the United States Department of Labor (all items, 1982 - 1984 = 100)" 5. Section 1.9 of the OEA is hereby amended by deleting therefrom the last sentence of the first paragraph thereof. b. Section 2.1 of the OEA is hereby amended by adding to the end thereof the following additional paragraph: "In addition to the easements referenced above, (a) the owner of the Target Tract hereby grants and conveys to the owner of Parcel 2, and its mortgagees, tenants, subtenants, licensees, employees, invitees, successors and assigns, a non- exclusive perpetual easement for ingress and egress of passenger automobiles, vans, trucks and other vehicles .over and across that portion of the Target Tract that is identified as "Permanent Ingress - Egress Easement Area" on the Site Plan and (b) thl. owner of the Developer ,Tract hereby grants and conveys to the owner of the Target Tract, and its mortgagees, tenants, subtenants, Iicensees, employees, invitees, successors ant assigns, anon - exclusive perpetual easement for ingress and egress of passenger automobiles, vans, trucks, and other vehicles over and across that portion of the Developer Tract that is identified as "Permanent Ingress - Egress Easement Area" on the Site Plan. The "Permanent Ingress -2- 93-85-1.529 93R IF505 Egress Easement Areas" shall be used by the parties benefited by the aforeszid easements in common with, the grantors of such easements, and their respective mortgagees, tenants, subtenants, licensees, employees, invitees, successors and assigns." 3. Relative to the recitals to the OEA, the first two (2) recitals, as emended by the First Amendment, are hereby further amended by deleting therefrom the references to 9.0265 acres and 7.0837 acres, respectively, and substituting in their places, 'espectively, 9.0227 acres as to the "Target Tract" and 9.6008 acres as to the "Developer Tract." In w addition, relative to the definition of "Shopping Center" in the third recital of the OEA, the parties agree that, for all purposes of the OEA,, as amended hereby, all rr;£erences to "Shopping Center" shall mean and refer, collectively, to Parcel 1, Parcel 2, Parcel 3, and Parcel 4. 4. Relative to the definition of "Approving Party" in Section 1.1 of the OEA, the parties acknowledge that Dayton Hudson Corporation is the designated Approving Party for the Target Tract and Trust No. 5592 or its beneficiary is the designated Approving Party for the Developer Tract. 5: . Section 1.9 of the OEA is hereby amended by deleting the words. "If the Developer Tract" and substituting in their place the words "If a Tract". Relative to Section 1.9 of the OEA, Target, Trust No. 5592, Arby's and Trust No. 5631 acknowledge that they are the "Party" with respect to, respectively, Parcel 1, Parcel 2, Parcel 3 and Parcel 4. 6. Section 2.1 of the OEA is hereby amended by deleting the l&;t paragraph thereto (which paragraph was added by Paragraph 6 of the First Amendment) and substituting the following therefor; "In addition to the easements referenced above, (a) the owner of the Target Tract hereby grants and conveys to the owners of Parcel 2 and Parcel 4, and their respective mortgagees, tenants, subtenants, licensees, employees, invitees, successors and assigns, a non-exclusive perpetual easement for ingress and egress of passenger automobiles, vans, trucks and other vehicles over and across that portion of the Target Tract that is identified as "Permanent Ingress - Egress Easement Area"' on the Site Plan and located east and south of the permitted Building Area on the Target Tract, (b) the owner of Parcel 2 hereby grants and conveys to the owners of the Target Tract and of Parcel 3 and Parcel 4, and their respective mortgagees, tenants, subtenants, licensees, employees, invitees, successors and assigns, a non-exclusive perpetual easement for ingress and egress of passenger automobiles, vans, trucks and other vehicles over and across that portion of Parcel 2 that is identified as "Permanent Ingress -Egress Easement Area" on the Site Plan, and (c) the owner of the Target Tract hereby grants and conveys to the owner of Parcel 3, and its mortgagees, tenants, subtenants, licensees, employees, invitees, successors and assigns, a non-exclusive perpetual easement for ingress and egress of passenger automobiles, vans, trucks and other vehicles over and across that portion of the Target Tract that is identified as 'Permanent Ingress - Egress Easement Area" on -the Site Plan and ain»a 3 located adjacent to Parcel 3. The "Permanent Ingress - Egress Easement Areas" shall be used by the parties benefitted by the aforesaid easements in common with the grantors of such easements, and their respective mortgagees, tenants, subtenants, licensees, employees, invitees, successors and assigns." SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION Salesperson: BARBARA BEHRENS Printed at 03/19/21 15:56 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1869612 Status: New WHOLD MCHENRY COUNTY PREPAID LEGALS Start: 03/22/2021 Stop: 03/22/2021 PO BOX 250 Times Ord: 1 Times Run: *** CRYSTAL LAKE IL 60014 CLEG 1.00 X 68.00 Words: 231 Total CLEG 68.00 Class: C8100 PUBLIC NOTICES Rate: LEGAL Cost: 106.62 # Affidavits: 1 Ad Descrpt: VARIANCE S- SCHWARTZ Contact: LEGAL CLERK Descr Cont: 1869612 Phone: (815)459-4040 Given by: STEVE SCHWARTZ Fax#: P.O. #: Email: Created: bbehr 03/19/21 15:49 Agency: Last Changed: bbehr 03/19/21 15:56 ----------------------------------------------------------------------------- URL: _________________________________ ----------------------------------------------------------------------------- Source: ______________________________ Section: _______________ Page: __ Camera Ready: N Group: LEGALS AdType: ___________ Misc: _______________________________ Color: _____________ Proof: __ _____________________ Pickup Date: __________ Ad#: _________ Delivery Instr: ______________________ Pickup Src: ____________ Changes: None __ Copy __ ________ Art __ Size __ Copy Chg Every Run __ Coupon: __ Gang Ad #: _________ Ad Copy Method: ________________________________________ Special Instr: ______________________________ ----------------------------------------------------------------------------- COMMENTS: COPIED from AD 1854346 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES NW CL 97 S 03/22 WEB CL 99 S 03/22 APNW CL 97 S 03/22 ----------------------------------------------------------------------------- (CONTINUED ON NEXT PAGE) SHAW MEDIA EST. 1851 PO BOX 250 CRYSTAL LAKE IL 60039-0250 (815)459-4040 ORDER CONFIRMATION (CONTINUED) Salesperson: BARBARA BEHRENS Printed at 03/19/21 15:56 by bbehr-sm ----------------------------------------------------------------------------- Acct #: 10069745 Ad #: 1869612 Status: New WHOLD WHOL PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-986 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing using the Zoom Internet Conferenc- ing Application which can be accessed through https://cityofmchenry.zoom. us/j/91029658588 or by dialing +1-312-626-6799 (Meeting ID: 919-2965- 8588) at 7:00 P.M. on April 7, 2021 to consider an application by Pearl Street Commercial, LLC of 2207 Patriot Blvd, Glenview, IL 60026 ("Contract Purchaser") for the following request(s), in accordance with the City of McHenry Zoning Ordinance: A Final Plat of Resubdivi- sion, a Use Variance to allow a Mini-Warehouse, a Conditional Use Permit to allow a future Drive- Thru Restaurant, Zoning Variations to minimum lot width, and any other variations necessary to ac- commodate the proposed commercial development. The site consists of 8.934 acres, more or less, and is located on the southeast cor- ner of N. Freund Avenue and Grand Avenue, with a com- mon address of 1860 Rich- mond Road, McHenry, IL 60050 ("Subject Property"). PIN: 09-26-251-049, 09-26-251-050 A copy of the application is on file and may be examined by contacting Cody Sheriff, City Planner by email at csheriff@ cityofmchenry.org or by call- ing 1-815-363-2181. All interested parties will be given an opportunity to be heard. Published by order of the Planning and Zoning Com- mission, City of McHenry, McHenry County, Illinois. /s/ Shawn Strach Chairman, Planning and Zoning Commission (Published in the Northwest Herald March 22, 2021) 1869612 Illiana Realty, LLC PO Box 158 Watseka, Illinois 60970-0158 ________________________________________________________________________ March 15, 2021 Mr. Cody Sheriff City Planner City of McHenry 333 S. Green St. McHenry, IL 60050 Re: Ownership Authorization re: 1860 Richmond Road, McHenry (former Stock and Field) Dear Mr. Sheriff: As the Manager of Illiana Realty, LLC, please let this letter shall serve as my authorization to allow Pearl Street Commercial to file the requisite Public Hearing, Use and Zoning Variance and Plat of Subdivision Application(s) required to secure the necessary approvals to build a Class A climate-controlled storage facility and 3 lot re-subdivision for their proposed outlot development including an Aspen Dental and WellNow facility. Pearl Street Commercial is under contract with Illiana to acquire the existing building and 8.937+/- acres of land for redevelopment as proposed. We appreciate your assistance with this matter and facilitation of Petitioner’s request to be heard by the Planning and Zoning Commission on April 7th and City Council on April 19th. Sincerely, Jerry Gibbs Manager To: Shawn Strach - Chairperson of the Planning & Zoning Commission Narrative for Pearl Street Commercial LLC 1860 N Richmond Rd (State Rte 31) McHenry, IL 60051 Narrative- Pearl Street Commercial LLC is the contract purchaser of the former Stock & Field building located at 1860 Richmond Road, McHenry, Illinois. The overall property is 8.937+/- acres with an 95,500+/- sq. ft. building, Zoned C-3, Community Commercial. The existing building (formerly occupied by Target, Big R and most recently by Stock and Field before they filed for bankruptcy and closed recently) is proposed to be converted into a Class A climate-controlled self-storage facility with drive-thru along with the creation of two outlots as part of a 3 lot resubdivision. One outlot will include the development of a two- tenant building for Aspen Dental and WellNow and the second outlot is designed for a potential restaurant use with drive-thru. Pearl Street Commercial LLC has filed the requisite applications to seek a public hearing to obtain a Use Variance for mini-warehouse in the C-3 District, Zoning Variance for Minimum lot widths less than 200’ for the proposed outlots, Conditional Use for a restaurant with drive-thru use and final Plat approval for the proposed 3 lot resubdivision. Class A Climate controlled self-storage use and operations- We intend to engage a major self-storage REIT, as our 3rd Party manager of the self-storage facility, which we do for all our converted Class A climate- controlled self-storage facilities. We have used Cubesmart, Life Storage and Extra Space Storage for similar projects and expect to engage one of these top operators the 1860 Richmond location. The retail office will be located at the southern portion of the building and our customers will be greeted and served upon entering the retail sales office. They will be processed and execute their lease, receive their code and pin access to enter the loading berth or drive-thru area that will allow customers to stage and unload their goods and items year-round, regardless of the weather. This ingress/egress out will be controlled by a keypad and monitored by security cameras 24/7. Our best-in-class 3rd Party manager will operate a Customer Care Center from their corporate home office that takes customers calls 24/7 so if any problems arise with access or an incident, they can respond immediately outside of normal business hours. Hours of Operation: Mon.-Friday 8:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 6:00 p.m. Sunday 10:00 a.m. to 5:00 p.m. Customers will not be able to store chemicals, flammables, and other dangerous solvents, which is governed by their signed month to month leases. The retail office will sell boxes, locks and other moving items to facilitate their storage and rental experience within this climate-controlled facility with drive- thru access. Outlot Development- Our development team has worked diligently to optimize the highest and best use of the proposed outparcels along Rt. 31, in front of the vacated former Target/Stock & Field building. To maximize the visibility, parking, circulation and access - key components to attracting the best-in-class retail users – we have increased the depth of the parcels and are proposing two new lots and buildings. On the southern outparcel we have designed a two tenant, 7,000 sf Class A single story retail building that will house national brands, Aspen Dental (www.aspendental.com) and Well Now (https://wellnow.com/ ), who are sister companies and operate lower cost to patients, dental and urgent care practices. They have a strong presence in the Chicagoland market, and fills a void for them in this region of McHenry County. We have signed letters of intent for 10-year initial term leases. The other outparcel to the north, we are currently negotiating with several other restaurant, retail, and automotive brands, but have designed a drive-thru for the building to accommodate many of the quick serve restaurants looking to expand in this market. We do not have a commitment at this time for the northern outparcel but want to maintain as much flexibility as possible with size, shape and configuration to attract similar best-in-class businesses. __________________________________________________________________________________________ In support of Pearl Street Commercial LLC’s pending requests, we offer the following: x Location Aerial Map x ALTA survey x Final Plat of 3 lot Resubdivision x Existing Site Plan x Proposed Site Plan x Landscape Plans x Detailed Outlot Landscape Plan x Landscape Plan with Aerial x Signage Plan x Storage Floor Plan & Front Elevation x Storage Elevations x Outlot Floor Plans & Front Elevation x Outlot Elevation We appreciate your assistance and timely processing of our Application and materials in support of our request to allow the development of the Class A climate-controlled self-storage facility with drive-thru and resubdivision to enhance the shopping experience at the center by bringing Aspen Dental and WellNow and potential restaurant use with drive-thru or other top tier retail user. We would like to be heard by the Planning and Zoning Commission on April 7th and before the City Council on April 19th. Respectfully, Steven L. Schwartz- Manager ROAD I Rd 4'a x� o �— m a n 9 Z 0 m m > � 0 D E ' > m Z o L) m (n o > -q om v m I o It n o � c�Do co A D N > © 7>7 p y T A o ti o m T � nN G� V Oxx AU � vvom TI g g g g a A m a xxx°PPPPPPPPPKnow what'sbelow.before you dig.CallRIllinois Professional Design Firm # 184-001322 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com1 OF 3 Pearl Street Commercial, LLCMarch 30, 2021MATERIALS SCHEDULEQTYKEY BOTANICAL NAME/ITEM COMMON NAME SIZE COND REMARKSDECIDUOUS TREES4AFACER X FREEMANII 'HEFFERSRED' AUTUMN BLAZE MAPLE3" CAL B&BCENTRAL LEADER, MATCHED22 GT GLEDITSIA TRIACANTHOS VAR. INERMIS 'SKYCOLE' SKYLINE THORNLESS HONEYLOCUST 3" CALB&BCENTRAL LEADER, MATCHED6MP MALUS 'PRAIRIEFIRE' PRAIRIE FIRE CRABAPPLE 2" CAL B&BCENTRAL LEADER; MATCHED14 TC TILIA CORDATA 'GREENSPIRE' GREENSPIRE LITTLE LEAF LINDEN 2" CALB&BCENTRAL LEADER, MATCHEDDECIDUOUS SHRUBS35EA AUONYMUS ALATUS 'COMPACTUS' DWARF BURNING BUSH #3 CONT.48" O.C.; MATCHED163RA RHUS AROMATICA 'GRO-LOW' GRO-LOW SUMAC #3 CONT.42" O.C.; MATCHEDEVERGREEN SHRUBS22 TMD TAXUS X MEDIA 'DENSIFORMIS' DENSE YEW #5 CONT.48" O.C.; MATCHEDPERENNIALS43PV PANICUM VIRGATUM 'NORTHWINDS' NORTHWINDS SWITCHGRASS #1 CONT36" O.C.; MATCHED35NR NEPETA RACEMOSA 'WALKER'S LOW' WALKER'S LOW CATMINT #1 CONT.24" O.C.; MATCHEDMISCELLANEOUS1807SOD SEE NOTE BELOWSY114MULCH 3" DEEP SHREDDED HARDWOOD MULCHCYGENERAL NOTES:1.PROVIDE STRONGLY ROOTED SOD, NOT LESS THAN 2 YEARS OLD AND FREE OF WEEDS AND UNDESIRABLE NATIVE GRASSES. PROVIDE ONLY SOD CAPABLE OF GROWTH ANDDEVELOPMENT WHEN PLANTED (VIABLE, NOT DORMANT). PROVIDE SOD COMPOSED PRINCIPALLY OF AN APPROVED KENTUCKY BLUE GRASS BLEND CONTAINING A MINIMUM OF FOURIMPROVED VARIETIES.Illinois Professional Design Firm # 184-001322 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com2 OF 3 °xxxxxx°°xxxxxx°°°“”Illinois Professional Design Firm # 184-001322 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com3 OF 3 Illinois Professional Design Firm # 184-001322 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com1 OF 2PIN: 09-26-251-04909-26-251-050LOT 1MCCULLOM PLACE LOT 1RESUBDIV IS IONDOCUMENT: 2019R0028819FOURTH AVENUELOT 1318,896± SQ.FT.7.321± ACRESILLINOIS ROUTE 31 LOT 2MCCULLOM PLACE IIDOCUMENT: 96R022582LO T 3 MC C U L L O M P L A C E DO C U M E N T : 9 3 R 0 7 3 9 6 1 CE R T C O R . : 9 5 R 0 1 1 1 9 5 DR. C.H. FERGER'S ADDITION TO MCHENRYPLAT BOOK 1 / PAGE 59DOCUMENT: 16171GREEN STREET MCCULLOM LAKE ROADU N S U B D I V I D E D L A N D S C I T Y O F M C H E N R Y DO C . 1 9 9 4 R 0 0 1 8 8 4 9 LOT 2MCCULLOM PLACE LOT 1RESUBDIV IS IONDOCUMENT: 2019R0028819LOT 233,107± SQ.FT.0.760± ACRESLOT 337,185± SQ.FT.0.854± ACRES Illinois Professional Design Firm # 184-001322 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com2 OF 2PIN: 09-26-251-04909-26-251-050 �v mm mm r o< q O z DD ti C z z m �^ V SR e� 4z HU �g= 8 58 98R RA SR 9 1aa E 9 'R -IN ¢Qo o D iq z - LB= nui R 8 8N 0 A Wv Ny Self StorageenterSelf StorageexitofficePreliminary West ElevationSCALE: 3/32" = 1'-0"Preliminary South ElevationSCALE: 3/32" = 1'-0"Preliminary North ElevationSCALE: 3/32" = 1'-0"Preliminary East ElevationSCALE: 3/32" = 1'-0"Rei t an Arc h i t ec ts , L L C.SK2Climate Controlled Self-StoragePROPOSED NEW TENANT 1860 N. RICHMOND ROAD MC HENRY, ILLINOIS 60051