HomeMy WebLinkAboutMinutes - 06/17/2020 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
June 17, 2020
Chairman Strach called the June 17, 2020 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:32 p.m. via Zoom. In attendance were the
following: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker, and Walsh. Absent: None. Also in
attendance were City Planner Cody Sheriff, Director of Economic Development Martin, and
Economic Development Coordinator Wolf.
Public Hearing Guidelines for a Virtual Meeting were presented. Chairman Strach opened the
public portion of the meeting at 7:33 p.m. There was nobody in attendance who wished to
address the Commission with public comment.
Approval of Minutes: Consideration of April 15, 2020 Meeting Minutes as presented. Motion
by Thacker and seconded by Sobotta for approval.
Roll Call: Vote: 6-ayes: Commissioners Doherty, Lehman, Sobotta, Strac h, Walsh, and
Thacker. 0-nay, 1-abstained: Gurda, 0-absent. Motion Carried.
Public Hearing: McHenry 3510 LLC and McHenry LFI LLC
Z-965
3510 AND 3522 W. Elm Street
Conditional Use Permit to Operate an Automobile Fueling Station
Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No. Z-965 an
application for a conditional use permit to operate an automobile fueling station at the property
located at 3510 and 3522 W. Elm Street.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and
notices were mailed to all abutting property owners of record as r equired by ordinance. The
subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice
requirements are on file in the City Clerk’s Office.
In attendance were:
1. Diane Menza, LFI, agent for Owner/Developer, 9440 Enterprise Dr, Mokena, IL 60448
2. Jon Silverberg, GW Properties, co-developer, 2211 N. Elston Ave,#304, Chicago, 60614
3. Javier Millan,KLOA, traffic engineer, 9575 West Higgins Road, # 400, Rosemont, IL 60018
4. Mitesh Patel – Design Studio 24, Architect, 2211 N. Elston Ave,#304, Chicago, 60614
5. Eric Tracy, Kimley Horn, Civil Engineer, 4201 Winfield Rd, #600, Warrenville, 60555
6. Daniel Grove, Kimley, Landscape Architect, 4201 Winfield Rd, #600, Warrenville,60555
7. Mark Bettenhausen- 7 – Eleven, Heartland Zone, Chicago
8. Dan Akroyd – 7- Eleven, Heartland Zone, Chicago
9. Mitch Goltz, GW Properties, co-developer, 2211 N. Elston Ave,#304, Chicago, 60614
Planning and Zoning Commission
June 17, 2020
Page 2
Ms. Menza was sworn in. Ms. Menza gave a report stating she represents the owners and
developers of the property. The first parcel was purchased 3-1/2 years ago and the second
parcel was purchased 1-1/2 years ago. Outdoor seating and bicycle racks and a convenience
store and taco restaurant are part of the plans. They have insured the design will blend with
the neighborhood look in landscaping and façade. Ms. Menza summarized the extensive
planning that went into the current proposed plan, including a city monument sign and flag
pole. They have received approval of the traffic study report from the engineers.
City Planner Sheriff gave the Staff Report stating the applicants McHenry 3510 LLC & McHenry
LFI LLC (Owners of Record), are requesting approval of a conditional use permit to operate an
automobile fueling station (gas station) with a convenience store on the currently vacant portion
of the First Midwest Bank property. The owners will also operate a convenience store with a
Laredo taco bar self-service area – popular in southern U.S. States. The project involves the
demolition of the vacant First Midwest Bank building and the small gas station.
He further stated staff believes the proposed development conforms with the City’s Downtown
Design Guidelines, Comprehensive Plan, and Economic Development Strategy. The site is located
within the Historic Downtown District but is not a landmarked building. The site is also located
within the Tax Increment Financing (TIF) District and is currently not generating minimal property
tax revenue nor positively impacting adjacent property values while remaining vacant. The
McHenry Core-Downtown Sub area Plan recommends the site be repurposed for other uses.
However, discussions with realtors have indicated the size of the structure combined with the
layout of the interior make adaptive reuse of the structure for another service-oriented use not
economically practical. Staff identified Algonquin, Crystal Lake, Fox Lake, Hebron, Johnsburg, and
Woodstock (two active, one closed) as municipalities that have a gas station(s) located within
their downtown. The developers have worked with city staff to provide landscaping that exceed
the requirements of the City of McHenry Zoning Ordinance including the installation of a 3 -foot
masonry wall along Green Street to preserve the streetscape site line. The traffic impact study
did not indicate any adverse impacts on traffic flow. With the closing of Downtown Food & Liquor,
the addition of a convenience store and gas station will be beneficial for residents livi ng nearby.
Staff believes the demolition of the building will provide better accessibility for residents that
park in the north parking lot to access the downtown. Planner Sheriff stated staff does not object
to the applicants’ request and recommends approval. In addition, staff believes the development
will help meet the existing demand for a convenience store and gas station.
Planner Sheriff stated if the Planning & Zoning Commission finds the proposal to meet the
approval criteria for Conditional Uses in the Zoning Ordinance (§11-15-5) then staff recommends
a motion to approve the conditional use with any amendments as made in the meeting
presentation and that all zoning approval criteria have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Doherty wanted assurance the old garage on the property would be removed and
handicap access to the entrance would be in the plans. Ms. Menza assured him that was
confirmed.
Commissioners Gurda, Sobotta, Walsh, Thacker and Lehman had no questions.
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June 17, 2020
Page 3
Chairman Strach asked if the 3’ retaining wall would be replaced with a wrought iron fence and
whether an additional opening in the fence across from the pedestrian walkway on Green Street
could be added. Ms. Menza explained the pedestrian walkway designs that are planned. Ms.
Menza said it would be addressed in final plans.
Chairman Strach opened the floor to questions and comments from the audience.
Mr. Robert Burke, 1509 N. Richmond Rd., McHenry stated he has concerns against the project.
While he appreciates the work done by the economic development commission to make
McHenry walkable and sustainable and equitable for the residents along with diversity, he
believes this project is a major step backward. Several gas stations are in town and several
aren’t even functional. It is out of step with all of the city’s planning documents that he found,
including the core downtown subarea plan. It does not encourage making the streets
pedestrian friendly and contradicts the strategies for sustainability. He feels the citizen ’s
thoughts and ideas in these plans are being ignored as well as the recommendations in the plan
by the commission are being ignored. There is a vital purpose for old buildings and this is being
ignored with this plan. He opined the building has the potential to be a centerpiece to the core
downtown area. He is 21 years old and wants to see McHenry succeed in a properly
environmental and sustainable manner and continue the beautiful urban planning that has
started.
Ms. Nancy Henningfield, First Midwest Bank, 30981 N. Fisher Rd. McHenry asked what
considerations have been made for access to the bank’s drive-up area. Ms. Menza stated they
are working with Amanda at First Midwest and proceeded to explain the plans being developed
for the bank’s drive-through lanes. She also wanted to know what considerations are given to
the client flow during the demolition of the building. Ms. Menza stated the lanes will not be
impeded during any process of the construction.
Mr. Luke Ptak, stated he is formerly of McHenry but lives in Madison Wisconsin now . He is
concerned with amount of parking that 60 parking spaces seems excessive and he agrees with
Mr. Burke’s comments. Removing a gas station in the future will make development harder in
the future. Ms. Menza stated it is more difficult to take the large, old building down now than
it would be to take down a gas station in the future.
Ms. Bettye Sowinski, 1407 Court St. McHenry stated she agreed with Robert and Luke’s
comments. She does not think there is enough explanation on the parking spaces being public
or private and there is not enough landscaping being done for the size of the property to
properly beautify it. She does not believe the downtowns in Crystal Lake or Woodstock, in the
actual downtown walking area, have gas stations present. There are substantially more
residents against this project than for it and these residents should be listened to.
Mr. Mitch Goltz, GW Properties, clarified 7-11 is a convenient store first, gas station secondary.
The convenience store proposed here is much larger than most in order to have the restaurant
as well. Proximity to the high school and the veterans housing facility were part of the optimal
reason for this site selection. The restaurant and convenient store require more parking
spaces. While the old bank building is nice, it has past its prime for development reasons.
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June 17, 2020
Page 4
Ms. Sowinski doesn’t believe a 7-11 needs so many parking spaces. She feels this will take away
from the development of the downtown area and the Riverwalk and the beauty of
development of large old buildings such as has been done in Geneva, St. Cha rles, Elgin and
Carpentersville should be considered.
Ms. Kathy Lambert from the library said the bank building wasn’t a viable option for the library
because it was determined the floors cannot hold the weight of the books.
Ms. Danielle Miller, 1411 N. Green St., McHenry is in strong opposition of this plan. She stated
the lifespan of a gas station is 20 years and the environmental hazard is detrimental. She
believes it will alter a key parcel downtown and add noise pollution and traffic congestion. She
does not believe it will increase the tax base but will just pull bu siness from other gas stations in
town.
Ms. Menza stated the site did have past cleanup issues which they have taken on to clean up
even further than required. The environmental issues with tanks has been reduced radically
due to new efforts in the way tanks are now installed. She also stated the previous developer
attempted to market it and were turned down repeatedly by medical office buildings, financial
institutions, and office uses due to the amount of work that would be required to re-use it in its
present state. They marketed to small and large retail establishments and medical office
buildings and none were interested in this site for those uses. Ms. Menza stated this is the
highest and best use for this property and they develop these types o f properties quite often
far and wide.
Mr. Mitch Goltz stated the 7-11 model wouldn’t have a gas station without a convenience store
and the Taco restaurant within the development is going to bring new customers downtown to
shop and eat and they want to invest in the City of McHenry by enhancing downtown with their
new design and aesthetics.
Mr. Patrick Letizia, 2700 Rose Ave, McHenry, IL stated he owns the building immediately north
of this development, Shepherd Premier. He agrees with Mr. Burke that t his would be a long-
term terrible mistake made by the city.
Mr. Dan Goff, 3615 Freund Ave., McHenry, and his sister Pam asked how many handicap
parking spaces will be provided on the property and why the landscaping is only 20% of the
plan. She also has a concern with people cutting through the property as a shortcut for traffic
on Route 120 and Green. Ms. Menza stated the cut through of the property is always a concern
and will be made as safe as possible to better the situation that is already present .
Mr. Mitesh Patel addressed the ADA requirements including an entrance ramp and automatic
door. Mr. Eric Tracy, Engineer, stated that there will be one more ADA handicap space added
to the plans in order to meet the ADA requirements making it a total of 2 on the front of the
property. Mr. Goltz stated they would be happy to add another 1-2 handicap parking spaces if
it is deemed necessary. Snow removal was also addressed. Mr. Goltz stated the landscaping
plans are in compliance with the city code requirements for landscaping.
Planning and Zoning Commission
June 17, 2020
Page 5
Community Development Director Ross Polerecky introduced himself and assured all that this is
an original concept plan but the final plans will all be checked and double checked to be in full
compliance with all current codes.
Mr. Robert Burke opined that Chairman Strach’s comment that the City doesn’t get to choose
what goes onto this property was incorrect and offensive to the intelligence of the people
present opposing the plan. Mr. Burke stated the city has control of the way this property is
handled and that he himself has a planning degree and sees major problems. Chairman Strach
offered to discuss the planning issues further with Mr. Burke outside the meeting. He agreed
with many of the comments by residents and disputed many comments by city staff and
developers as dismissive and only in the interest of the economics involved.
Ms. Julie Macartney, 1220 Carmichael Court, Marietta Ga stated she cares about the people of
McHenry and the importance of small business she learned growing up in McHenry. She had
several questions including: How many jobs will be created. How much tax revenue in each of
the years. What is their debt/equity structure and what is the amount of tax concessions, what
about traffic access for emergency vehicles, Laredo Taco – how does this impact nearby small
local businesses that are restaurants already struggling.
Mr. Mitch Goltz doesn’t know how their debt/equity structure has any impact on this
development. The location could provide 20 new jobs to McHenry and up to 100 during
construction. He stated competition is part of life and they follow the standards used by all
developers. Mr. Goltz stated this a long-term project with a long lease-term and a very large
investment being made. They will not be vacating anytime soon.
Ms. Menza stated Laredo Taco has been part of the plan since the very beginning and was
always available in all plans presented to all of the administration of the City.
Mr. Tim McCann, 3507 Broad Street, McHenry lives directly behind the veteran housing and
questions the tax benefits of the establishment and whether this is a bar o r a fast food counter.
Mr. Goltz stated it is not a bar and there will be indoor and outdoor seating and will include a
wide array of fresh fruit and produce as well. He wanted to know why the rear door was not
handicap accessible and Mr. Goitz stated it is a loading and employee entrance door only. Mr.
McCann asked if the property is golf cart accessible. Chairman Strach thought that Green Street
is restricted from golf cart accessibility but Pearl Street may be. Staff will look into the golf cart
ordinance to provide Mr. McCann with an answer. Mr. McCann is concerned with the
accessibility.
Ms. Geri Condon, 4823 Loyola Dr, McHenry clarified the presumption that the city is
responsible for what happens with this property by stating the City cannot choose what
developers bring to the City for development. This property has been vacant for a very long
time. She has concerns with traffic and aesthetics and doesn’t think these plans are
harmonious with the downtown plan. She does not agree that this proposal is the highest and
best use for the property and she encourages the Planning and Zoning Commission and City
Council to stand up for what is right and wait for a better use of the property to appear as they
Planning and Zoning Commission
June 17, 2020
Page 6
did on the property where the TLS housing unit was built across from St. Mary’s church . Even
though the traffic study states it is warranted and useful she opined from her years on City
Council that is not always true.
Mr. Dave Lambert, 213 Veretta Ct., McHenry asked if a liquor or gaming license was being
asked for in the proposal. Mr. Goltz stated there will be no gaming requested but a packaged
liquor sales license will be requested.
Ms. Beth Taylor, 1501 Green St, McHenry, IL, stated she is a 55 year McHenry resident and has
been on Green Street for 35 years. She is in opposition of this proposal. Electric cars are
becoming more affordable and gasoline cars on the road should be decreasing by 50% in the
next 10 years. She was offended by developer comments that the 7-11 restaurant would be a
dining destination for McHenry.
Ms. Celeste Mann, 3516 Broad St., McHenry, IL is a resident since 1973 and thanked the
developer for attempting to develop the area. She remembers the building going up and thinks
it is a beautiful building of character. She stated 7 -11 is a known brand and adding a taco
restaurant does not give it any more character or take away from the gas station use at this
site. She is learning more about McHenry history and heritage and doesn’t think this adds to
the efforts and hard work that has been done to date to the downtown. She asked what the
purpose of this meeting is. Commissioner Strach stated the commission is a recommending
body to the City Council and their recommendation will be given for future decision at a City
Council meeting. She asked if the school districts in McHenry have been approached to use the
building as an educational facility. Ms. Menza stated prior to their acquisition of the property
the bank may have approached the school districts but they did not approach them. Mr. Goltz
stated the building would not meet compliance to have students in it.
Mr. Robert Burke had additional questions:
1. To Ms. Menza – Explain the night and day difference between rehabilitating the building
and taking it down and redeveloping the property. Ms. Menza clarified.
2. To Mitch Goltz – Are you stating that employees will not need an ADA accessible
doorway. Mr. Goltz stated everything will be ADA compliant.
Mr. Charles Anderson, 1407 Court St., McHenry, Il stated he is in support of redevelopment but
not in support of a gas station at this location.
Mr. William MacIntee, 3436 N. Elm, agreed with Geri Condon’s comments and believes the traffic
in the area of this property is already hard to navigate. He asked if the parking would be made
available to the public for outdoor events. Commissioner Strach stated there would not be public
parking there as it is private property. Mr. MacIntee stated he is definitely opposed.
Mr. Luke Ptak had additional questions:
1. Question to the developer – what sort of use might this building have if it wasn’t a gas
station to align with being future proof. Mitch Golitz clarified.
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June 17, 2020
Page 7
2. There are 32 parking spots in front not including spaces next to pumps. Why are there
so many. Mr. Golitz stated they are designed for peak capacity.
3. He asked for clarification on the ownership and petitioner contact information, which
was clarified.
Chairman Strach closed the public comment portion of the hearing at 10:20 p.m.
Commissioner Doherty stated he’s lived in the area for many years and sees some benefit for
having a convenience store in walking distance in the area. The increase in jobs is a good thing
as well and could be a positive influence for more redevelopment. He does believe this is the
best option for now.
Commissioner Gurda stated he understands the property and building need to be redeveloped
but his concern is traffic and he believes it will slow down traffic causing more congestion to
what is already present. He does not think it blends with the character.
Commissioner Sobotta stated he realizes development needs to happen at this location but he
does not support this development as submitted. He applauded the work that has been done
to get this far in the project.
Commissioner Thacker thanked the developers for their patience in the process. He asked the
Developers, as property owners, why the gas station needs to be a part of this development.
Mr. Goltz stated the gas station is a working part of the business and hel ps justify the costs to
redevelop the property.
Commissioner Walsh has concerns with the traffic and the massive parking lot. He does not see
enough benefit for the creation of enough jobs to offset the detriment to the downtown district
at this location.
Motion by Doherty seconded by Lehman to recommend to the City Council with regard to File
No. Z-965, approval of a Conditional Use Permit for the operation of an automobile fueling station
on the subject property subject to the following conditions, as amended:
1. The development shall be in substantial conformance with the site plan with date revised
6/3/20, landscape plans received 6/9/20, and building elevations dated 5/6/20.
2. The property owner shall install landscape screening in the northeast corner of the north-
most parking lot.
3. The property owner shall be responsible for replacing any landscaped screening that is
damaged or destroyed.
4. The accessory building in the north-most parking lot shall be removed prior to the
issuance of a certificate of occupancy.
5. All external lighting fixtures, excluding the canopy, shall match the existing historic
lighting fixtures in the Downtown Historic District.
6. A pedestrian cut-through, with appropriate traffic calming device shall be installed along
the east side of the building connecting to Green Street, and a sidewalk with pedestrian
Planning and Zoning Commission
June 17, 2020
Page 8
crossing from the north parking lot connecting to the north side of the building with
appropriate traffic calming device.
7. All decorative railing fixtures shall match the wrought iron fencing in the Downtown
Historic District.
8. The pillars of the gasoline canopy shall match the exterior façade of the convenience store
building.
9. The property owner shall install a decorative flag pole by the city monument sign.
10. All other federal, state, and local laws shall be met.
and that all Zoning Variance Approval Criteria have been met.
Roll Call: Vote: 4-ayes: Doherty, Lehman, Strach, and Thacker. 3-nays: Gurda, Sobotta, Walsh, 0-
abstained, 0-absent. Motion Carried.
Chairman Strach closed the Public Hearing regarding File No. Z-965 at 10:40 pm.
Staff Report: Planner Sheriff and Economic Development Director Martin discussed updating of
the City’s Comprehensive Plan including public participation. The next regularly scheduled
meeting is July 15, 2020.
Adjourn: Motion by Thacker and seconded by Sobotta, roll call vote, 7-0, meeting adjourned at
10:45 p.m.
__________________________________
Shawn Strach, Chairman Planning & Zoning