HomeMy WebLinkAboutMinutes - 12/16/2020 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
December 16, 2020
Chairman Strach called the December 16, 2020 regularly scheduled meeting of the City of
McHenry Planning and Zoning Commission to order at 7:00 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,
Economic Development Coordinator Wolf, and Community Development Director Polerecky.
Public Hearing
Z-965
Commissioner Strach asked for a motion to amend the agenda for this meeting to include File Z-
965 (First Midwest Bank Redevelopment/7-Eleven Automobile Fueling Station at 3510 and 3522
W. Elm Street), which was continued at the November 18, 2020 meeting, so the hearing can be
officially closed due to withdawal by the Petitioner.
Motion by Lehman and seconded by Gurda to amend the agenda for the December 16, 2020
Planning and Zoning Commission Hearing to include File No. Z-965 (First Midwest Bank
Redevelopment/7-Eleven Automobile Fueling Station at 3510 and 3522 W. Elm Street) and to
close the hearing due to it being withdrawn by the Petitioner.
Roll Call: Vote: 7-ayes: Commissioners Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and
Walsh. 0-nay; 0-abstained; 0-absent. Motion Carried.
Public Hearing Guidelines for a Virtual Meeting were presented. Chairman Strach opened the
public portion of the meeting at 7:05 p.m. There was nobody in attendance who wished to
address the Commission with public comment.
Approval of Minutes: Consideration of November 18, 2020 Meeting Minutes as presented.
Motion by Sobotta and seconded by Walsh for approval.
Roll Call: Vote: 5-ayes: Commissioners Gurda, Lehman, Sobotta, Strach, and Walsh. 0-nay;
2-abstained: Doherty, Thacker; 0-absent. Motion Carried.
Public Hearing: Graham Enterprise, Inc.
Z-978
5520 W. Elm Street
Zoning Map Amendment, Conditional Use Permit, and Zoning Variations to Accommodate an
Automobile Fueling Station with Drive-Thru Restaurant
Chairman Strach called the Public Hearing to order at 7:08 p.m. regarding File No. Z-978 an
application for a Zoning Map Amendment to C-5 Highway Commercial District, a Conditional Use
Permit to operate an Automobile Fueling Station and future Drive-Thru quick service restaurant,
and various Zoning Variances including but not limited to site lighting, building perimeter
Planning and Zoning Commission
December 16, 2020
Page 2
landscaping, and any other variances required to effectuate the proposed gas station and
convenience store with a drive-thru car wash at the property located at 5520 W. Elm St.
In attendance were:
1. Chris Kalischefski and Heidi Lapin, WT Group, Architect, 2675 Pratum Ave., Hoffman
Estates, IL 60192
2. John Graham and Brian Wente, Graham Enterprise, Inc., 750 Bunker Ct, Vernon Hills IL
60061
3. Luay Aboona KLOA, Inc., 9575 W. Higgins Rd., Suite 400, Rosemont, Illinois, United
States 60018
who were sworn in. Mr. Kalischefski stated he is making this request on behalf of Graham
Enterprises for improvements including the construction of a new 6,057 SF Convenience Store
with attached 1,650 SF Quick Service Restaurant, auto canopy, commercial canopy, 8,298 SF
Car Wash, landscaping, and associated site work. The site is currently zoned as C-2
Neighborhood Commercial District and they are requesting rezoning to C-5 Highway
Commercial district to allow a car wash, a conditional use permit for fuel sales, and a variance
for landscape foundation plantings and signage and site lighting. Design will be similar to the
one at Crystal Lake and Bull Valley Rd. and safety and convenience will be priority in all aspects
of the project. This site will technically be three businesses which is the request for a sign
variance but they are asking for only 38% of what would be allowed for three separate
businesses. Five of the signs are purely directional to add to the safety of the property. They
have made amendments to the original plans submitted based upon staff comments by
updating the truck exit to be left turn only and adding a bike rack to the right of the C-Store and
a sidewalk and crosswalk to connect the C-store to the sidewalk along Ringwood. They stressed
from their viewpoint for the success of the business, it is imperative to separate the CFL traffic
from auto traffic the same as was previously done for the two Speedways previously approved
by the commission. They presented updated plans and fully explained the nature of their
request.
City Planner Sheriff gave the Staff Report stating Graham Enterprise, Inc. is requesting approval
of the zoning items and are proposing a two-phased development project with Phase 1 being
construction of a 5846 square foot Convenience Store with 9 fuel pumps, and a car wash and
Phase 2 the Addition of a 1650 square foot Drive-Thru Quick Service Restaurant. Planner Sheriff
stated after receiving the revised site plan from the Petitioner that were also presented in the
meeting, Staff is revising its recommendation and recommending approval of the Building
Perimeter Landscaping. Planner Sheriff also clarified sign variances are voted on by City Council
rather than the Planning and Zoning Commission thanking the Petitioner for explaining their sign
variance request and stating that would not be voted on at this meeting.
Planner Sheriff explained the original gas station on the subject property was annexed and
granted a conditional use permit in 1989. The proposed development is in substantial
conformance with parking requirements. The subject property is zoned C-2 Neighborhood
Commercial District and is currently vacant. The site is separated from Parkland Middle School
by a 142-foot parcel owned by the school district. The subject property operated as a gas station
with a car wash for approximately 15 years. He opined traffic generated during school release
times is an issue which causes many cars to back up onto Ringwood Road. Planner Sheriff clarified
Planning and Zoning Commission
December 16, 2020
Page 3
Staff has actively worked with School District 15 in discussions to remediate the traffic flow issues
generated by the Middle School.
The future land use map recommends commercial use on the west half of the subject property
with office use on the east half. Although partially in compliance, office space demand has
significantly declined in recent years as work from home arrangements have become more
accepted. Overall, staff believes the proposed development is consistent with the City’s
Comprehensive Plan objectives and policies.
Staff believes the C-5 Highway Commercial District is an appropriate zoning designation given its
proximity to IL-120. Staff does not object to the petitioner’s request and recommends approval
of the zoning map amendment.
Both Gas Stations and Drive-Thru restaurants are a permitted conditional use within the
proposed C-5 Highway Commercial Zoning District. Staff does not believe that approval of the
request would create any adverse impacts on the surrounding properties. The proposed future
drive-thru quick service restaurant is another automobile oriented use which is appropriate being
located on a state highway. However, staff did have several concerns with the overall site plan
and the City’s Staff Engineer recommended the petitioner revise the access off Ringwood Road
to a single access point. Planner Sheriff stated Staff’s primary concern is the ingress/egress off
Ringwood Road but if the Petitioner feels it is needed the hearing may need to be tabled to allow
staff more time to research the request.
The petitioner is requesting approval of several zoning variations to building perimeter
landscaping, bicycle parking and lighting. Staff originally recommended the petitioner comply
with the Ordinance on building perimeter landscaping or be prepared to justify the hardship,
compliance with the bicycle parking ordinance, and approval of the lighting variance requested
as presented. Staff has changed their original recommendation and is now recommending
approval of the landscaping request and the zoning and parking requests.
Chairman Strach opened the floor to questions and comments from the commissioners.
Commissioner Walsh thanked the petitioner for a thorough presentation and asked for
clarification on traffic westbound on Elm Street turning in to the property in regard to traffic flow
and northbound on Ringwood in regard to ingress/egress for the two-way entrance. Clarification
was given.
Commissioner Thacker inquired if anyone from school district 15 had contacted staff or the
petitioners with concerns. Planner Sheriff answered he has not heard from anyone on this
project in particular other than to work together to configure the property to limit the flow to
traffic backups . Chairman Strach stated Mr. Graham has worked with the school district to make
a land swap in order to resolve some of the traffic issues involved. Mr. Graham further explained
they have already worked through the land purchase to effectuate making the site plan workable
as presented.
Planning and Zoning Commission
December 16, 2020
Page 4
Commissioner Doherty opined a left hand turn out onto Ringwood Rd will be very difficult. He
asked if a sidewalk has been included all the way around the property to the North and the East.
Mr. Kalischefski answered affirmatively and in further response to Commissioner Doherty
responded that it will be a 24-hour facility and it is their intention to include gaming.
Commissioners Gurda, Sobotta, and Lehman had no questions.
Chairman Strach opened the floor to questions and comments from the public. There was
nobody in attendance who wished to address the Commission with public comment.
Chairman Strach closed the public comment portion of the hearing at 7:45 p.m.
Motion by Gurda seconded by Lehman, with regard to File No. Z-978, to approve the
petitioner’s request to rezone the subject property from the C-2 Neighborhood Commercial
District to the C-5 Highway Commercial District and by making said motion, we agree with
staff’s assessment as outlined in the staff report that the approval criteria for Zoning Map
Amendments have been met.
Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-abstained,
0-absent. Commissioner Doherty recused himself from voting on this hearing due to a conflict of
interest. Motion Carried.
Motion by Lehman seconded by Gurda, with regard to File No. Z-978, to approve the petitioner’s
request for a Conditional Use Permit to allow an automobile fueling station and future drive-thru
quick service restaurant on the subject property subject to the following conditions, as amended:
1. The property owner shall work with the school district to determine where a
pedestrian crossing or other on-site amenity is required to provide improved
pedestrian access to the convenience store.
2. The property owner shall revise the proposed future quick service restaurant site
plan to include a sidewalk along the west portion of the building to be approved by
the Zoning Administrator.
3. The property owner shall design point(s) of access along Ringwood Road/Elm Street
which shall be reviewed and approved by the Director of Public Works or Staff
Engineer.
4. The proposed development shall be constructed to be in substantial conformance
with the plans submitted and with the revisions outlined as presented and
amended.
5. All other state, federal, and local laws shall be met.
AND by making said motion, we agree with the staff’s assessment as outlined in the staff report,
as amended, that the approval criteria for conditional uses has been met.
Planning and Zoning Commission
December 16, 2020
Page 5
Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-abstained,
0-absent. Commissioner Doherty recused himself from voting on this hearing due to a conflict of
interest. Motion Carried.
Motion by Thacker seconded by Walsh, with regard to File No. Z-978,. to approve the petitioner’s
request for a zoning variance to allow 69 foot candles under the canopy and 12 foot candles in
the west parking lot area AND by making said motion, we agree with staff’s assessment as
outlined in the staff report, with amendments, and that the approval criteria for Variances have
been met.
Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-abstained,
0-absent. Commissioner Doherty recused himself from voting on this hearing due to a conflict of
interest. Motion Carried.
Chairman Strach closed the Public Hearing regarding File No. Z-978 at 8:00 pm.
City of McHenry
File No. Z-977
Text Amendments to the Zoning Ordinance including but not limited to Chapter 2 Planning
and Zoning Generally, Chapter 6 District Regulations, Chapter 12 Off Street Parking and
Loading, Chapter 14 Accessory Uses and Structures, Chapter 16 Nonconformities,
and Chapter 19 Variances
Chairman Strach called the hearing to order at 8:02 p.m. regarding the continuation of File No Z-
977 a request for various text amendments to the City of McHenry Zoning Ordinance including
but not limited to Chapter 2 Planning and Zoning Generally, Chapter 6 District Regulations,
Chapter 12 Off Street Parking and Loading, Chapter 14 Accessory Uses and Structures, Chapter
16 Nonconformities, and Chapter 19 Variances.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald and
a Certificate of Publication is on file in the City Clerk’s Office.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
revisions have been made incorporating the changes discussed at the November Planning and
Zoning meeting. He presented the revised document stating he removed the provision for
updating parking lots and changed accessory structures allowing the zoning administrator to
waive requirements based on site specific circumstances. Planner Sheriff stated a staff plat
review committee for new developments has also been created and added to the amendments.
Discussion ensued.
Chairman Strach invited questions and/or comments from the Public. There was nobody in
attendance who wished to address the Commission with public comment. Commissioner Strach
closed the public comment portion of the hearing at 8:08 p.m.
Motion by Thacker seconded by Doherty to recommend with regard to File No. Z-977, allowing
all the recommended changes to various text amendments to the City of McHenry Zoning
Planning and Zoning Commission
December 16, 2020
Page 6
Ordinance including but not limited to Chapter 2 Planning and Zoning Generally, Chapter 6
District Regulations, Chapter 12 Off Street Parking and Loading, Chapter 14 Accessory Uses and
Structures, Chapter 16 Nonconformities, and Chapter 19 Variances, as amended.
Roll Call: Vote: 7-ayes: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-
abstained, 0-absent. Motion Carried.
Chairman Strach closed the hearing regarding File No. Z-977 at 8:10 p.m.
Approval of Annual Meeting Schedule
2021 Planning and Zoning Commission Meetings
JANUARY - 7:00 P.M. FEBRUARY - 7:00 P.M. MARCH - 7:00 P.M.
27 Wednesday 17 Wednesday 17 Wednesday
APRIL - 7:00 P.M. MAY - 7:00 P.M. JUNE - 7:00 P.M.
21 Wednesday 26 Wednesday 16 Wednesday
JULY - 7:00 P.M. AUGUST - 7:00 P.M. SEPTEMBER - 7:00 P.M.
14 Wednesday 18 Wednesday 15 Wednesday
OCTOBER - 7:00 P.M. NOVEMBER - 7:00 P.M. DECEMBER - 7:00 P.M.
20 Wednesday 17 Wednesday 15 Wednesday
Motion by Doherty, seconded by Lehman, to approve the 2021 regular meeting schedule of the
Planning and Zoning Commission, as presented:
Roll Call: Vote: 7-ayes: Doherty, Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-
abstained, 0-absent. Motion Carried.
Staff Report: The next regularly scheduled meeting is January 27, 2021, at 7:00 p.m. Planner
Sheriff stated staff recommended approval of Christopher Burke Engineering to do a downtown
streetscape plan for the entire downtown area including Main Street, Green Street and Riverside
Drive. They are soon expecting a draft version of an apartment complex study. And a 260 unit
apartment complex behind Aldi will be presented soon. The Fox River Corridor Plan is
progressing and they identified the McHenry Riverwalk as one of the largest public access points
along the Fox River.
Planner Sheriff asked for availability for a special public meeting to be added December 23, 2020
at 7:00 pm. The purpose will be an acquisition by Lennar of the remainder of the vacant lots
within the Legend Lakes Townhome Portion east of Curran Road. Commissioner Doherty was
the only Commissioner stating inability to attend the proposed special meeting, therefore
Planner Sheriff will schedule a special meeting, stating it is not a public hearing but is a public
Planning and Zoning Commission
December 16, 2020
Page 7
meeting. Commissioner Strach informed the Commission he is running for city council alderman
so there is a possibility for an open position on the Planning and Zoning Commission in April.
Adjourn: Motion by Walsh and seconded by Gurda, all approved. Meeting adjourned at
8:20 p.m.
__________________________________
Shawn Strach, Chairman Planning & Zoning