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HomeMy WebLinkAboutPacket - 03/14/2018 - Planning and Zoning CommissionPLANNING AND 20NING COMMISSION MEETING NOTICE DATE: Wednesday, March 14, 2018 TIME: 7:30 p.m. PLACE: McHenry Municipal Center (City Council Chambers — South Court Entrance) 333 South Green Street, McHenry, IL 60050 AGENDA 1. Call to Order 2. Pledse of Allesiance 3. Roll Call 4. Public Input — (five minutes total on non -agenda items only) S. Consideration of Approval of Meeting Minutes: February 14, 2018 Regular Meeting 6. Z-924 Public Hearine—Conditional Use Permit to Allow an Assembly Use (Educational Institution). Applicant: McHenry Elementary School District No. 15, 1011 N. Green Street, McHenry, IL 60050 Requested Actions: Conditional Use Permit to Allow an Assembly Use (Educational Institution), minor interior alterations and interior/exterior building addition to provide an elevator on the property at 3614 Waukegan Road. Location of Subject Property: The subject property is located at 3614 Waukegan Road, McHenry, IL 60050. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. 7. 2-925 Public Hearing — Conditional Use Permit to Allow the Outdoor Storage of Vehicles. Applicant: Viking Enterprises, LLC, 3109 Christopher Court, Johnsburg, IL 60051 Requested Actions: Conditional Use Permit to OWL the Outdoor Storage of Vehicles at 4910 W. Elm Street. Location of Subject Property: 4910 W. Elm Street, McHenry, IL 60050. 8. Z-923 Public Hearine —Conditional Use Permit toAllow aDrive-In Establishment and Outside Seating and a Parking Variance. Applicant: Cornersite, LLC, 3190 Doolittle Dr., Northbrook, IL 60035 Requested Actions: Conditional Use Permit to Allow aDrive-in Establishment and Outside Seating and a Parking Variance from the off-street parking and loading requirements on the property located at 4305 W. Elm Street. Location of Subiect Property: The subject property is located at 4305 W. Elm Street, McHenry, IL 60050, 9. Staff Report: Next Meeting Date: April 11, 2018 at 7:30 p.m. 10. Adjourn The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. City of McHenry Planning and Zoning Commission Minutes February 14, 2018 Chairman Strach called the February 14, 2018 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Miller, Sobotta, Strach, Thacker and Walsh. Absent: Meyer. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, Economic Development Coordinator Wolf and Economic Development Assistant Conaway. Approval of Minutes Motion by Miller, seconded by Doherty, to approve the December 14, 2017 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. Public Hearing: Derek Zeunert (Crimson Peak Tattoo) File No. Z-919 3929 Main Street Use Variance to Allow a Tattoo Parlor on the Subject Property. Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-919, an application for a Use Variance to allow a tattoo parlor at 3929 Main Street as submitted by Derek Zeunert (Crimson Peak Tattoo), 2412 W Fairview Lane, McHenry, IL 60051, Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/25/18. Notices were mailed to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Derek Zeunert and Sky Christensen, both of 2412 W Fairview Lane, McHenry, IL 60050 who were sworn in by Chairman Strach. Mr. Zeunert provided a summary of the request before the Commission at this Hearing stating he has lived in McHenry his whole life, wants to do what he does best and give McHenry a new business filling and remodeling an empty storefront. Planning and Zoning Commission February 14, 2018 Page 2 Director Martin provided the Commission with the Staff Report regarding this matter stating in 2013 an applicant was granted a temporary use permit by the City Council to conduct tattooing and body piercing at 3932 Main Street until December 31, 2013, and subsequently sought a use variance to allow the use permanently. A tattoo parlor and body -piercing establishment is not currently a permitted or conditional use in any zoning district so a use variance is required. The business closed and their use variance expired. A tattoo establishment was also approved in 2013 at 1210 N. Green Street. The applicant for the property at 3929 Main Street is an artist and has included samples of his work. He will also sell paintings, prints and clothing. Main Street is an area of transition and is need of business. Director Martin stated the following vacancies exist and that this is not an exhaustive list: the subject property (2-story mixed -use building), 3932 Main, 3925 Main, the unit directly to the east of 3929 Main and the landlords are struggling to rent these spaces out. The only way to improve the location and desirability of this area is to fill these spaces and generate more activity. Director Martin stated another tattoo establishment/art studio pursued the building at 3940 Main Street however; the Use Variance was not approved by the City Council. Concerns expressed at the meeting included: covering windows and being aesthetically -pleasing; signage; preference to be out of the downtown area and number of tattoo parlors already in the City. This establishment was currently approved at 3405 W. Elm, Director Martin stated staff recommends approval of a use variance to allow a tattoo parlor on the subject property subject to the conditions presented and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker inquired whether the business would be open 7 days a week since they operate "by appointment only". Mr. Zeunert responded yes he expects to be open 5 days per week at least 11 a.m. — 6 p.m. There will be no street traffic. Tattoos are by appointment only but he will be open to the public. Commissioner Walsh inquired what the timeline might be to start remodeling. Mr. Zeunert responded he would get it moving as fast as possible. He has professionals available to start once he is approved, everything is in line, and he expects to be finished before two months. Commissioner Miller questioned why two workstations are shown on the plan when Mr. Zeunert is the only tattoo artist. Mr. Zuenert stated it is designed for future growth. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Planning and Zoning Commission February 14, 2018 Page 3 Chairman Strach closed the public comment portion of the hearing at 7:43 p.m. Motion by Sobotta, seconded by Miller, to recommend to the City Council with regard to File No. Z-919, approval of a use variance to allow a tattoo parlor on the property located at 3929 Main Street as presented by applicant Derek Zeunert, with the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. Be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z- 919 at 7:44 p.m. Public Hearing: Yousef Dabbagh File No. Z-920 4719 W. Elm Street Conditional Use Permit to Allow an Open Sales Lot Chairman Strach called the Public Hearing to order at 745regarding File No Z-920 an application for Conditional Use Permit to allow an open sales lot on the subject property as submitted by Yousef Dabbagh for the property located at 4719 W. Elm St, McHenry, IL, Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/30/18. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. Planning and Zoning Commission February 14, 2018 Page 4 In attendance were Yousef Dabbagh and his wife, Hiba Dabbagh both of 2438 Fen View Circle, Island Lake, IL 60042 who were sworn in by Chairman Strach. Mr. Dabbagh provided a summary of the request before the Commission at this Hearing stating he was applying to open a used vehicle sales lot In the City of McHenry for specialty vehicles, hybrid and special service vehicles, further stating he has been in the business for 20 years. Mr. Dabbagh thinks this would be a good business for McHenry. Director Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a Conditional Use Permit to allow an open sales lot on the subject property. The property formerly had a building, which was razed in 2013, The applicant is proposing to utilize a modular building with plans to construct a permanent building within two years pending approval. The property is a through lot, with an alley to the south, Elm Street to the north and Meadow lane to the east therefore he will be required to maintain a 30-foot building setback from the alley, Meadow Lane and Elm Street, Director Martin stated that it is located on West Rt. 120 in the Corridor Enhancement Area, which focuses on redevelopment. Pictures of the modular building were presented. Drawings of the applicant's proposed open sales lot were presented. Cars would be located on the majority of the lot and customer and employee parking is proposed at the southern end of the lot. The applicant will be required to install a 15-foot residential screening strip to the south, parking lot lighting, and a parking screening strip if customer parking abuts a public right-of-way. Additionally, mechanical equipment will need to be screened. Director of Economic Development Martin stated staff recommends approval of a Conditional Use Permit to allow an open sales lot with conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh inquired what Mr. Dabbagh's definition of special service vehicle was. Mr. Dabbagh stated they are previous police vehicles, which he purchases from the government - sedans and SUVs. Commissioner Walsh asked if he would need charging stations for green cars. Mr. Dabbagh replied that the vehicles use gas. Commissioner Thacker asked if it is Mr. Dabbagh's intention to purchase the property. Mr. Dabbagh responded yes and stated that he would be utilizing a temporary modular building in the beginning. Mr. Dabbagh also stated he will work with the City's building department before constructing the temporary modular building and the permanent structure when they are built to be sure he complies with all building codes necessary. Commissioner Miller questioned the sketch of the parking lot. Mr. Dabbagh stated the black lines are for the 12-15 cars, which will be for sale, and the blue lines are for customer parking. Commissioner Miller asked if there was going to be any service to the cars at the location. Mr. Planning and Zoning Commission February 14, 2018 Page 5 Dabbagh said no but added that in the future he might open a small service department to be able to service the vehicles for sale. Commissioner Sobotta inquired about the signage. Mr. Dabbagh answered he will have a sign. Chairman Strach offered that there is a state code that Mr. Dabbagh will have to work with. Mr. Dabbagh stated that he would work with the City and State on signage. Commissioner Doherty inquired about the surface and drainage. Mr. Dabbagh stated that he plans to resurface the lot and markings. Mr. Dabbagh stated the drainage had been done. Commissioner Walsh questioned if he was going to buy large vehicles from the government. Mr. Dabbagh said no. Commissioner Doherty asked if he would offer any other for sale. Mr. Dabbagh responded that he would not. Commissioner Miller inquired since Mr. Dabbagh has 20 years' experience if he had any other sales lots in operation now. Mr. Dabbagh responded he did not. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:56 p.m. Motion by Walsh, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-920, approval of an application for a Conditional Use Permit to allow an open sales lot on the property located at 4719 Elm Street as presented by applicant Yousef Dabbagh, subject to the following conditions: • All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and building code are met, with respect to the modular building, prior to receipt of full Certificate of Occupancy for a temporary building; • Applicant must file building permit application for a new building and repave entire lot within two years of City Council approval, contemporaneously with the construction of the new building. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-920 at 7:58 p.m. Planning and Zoning CommlAon February 14, 2018 Page 6 Public Hearing: Rick Miller (Phoenix Towing) File No. Z-921 3014 W Illinois Route 120 Conditional Use Permit to Allow the Outdoor Storage of Vehicles In Conjunction with a Towing Business Chairman Strach called the Public Hearing to order at 7:59 p.m. regarding File No Z-921 an application for a conditional use permit to allow the outdoor storage of vehicles in conjunction with a towing as submitted by Rick Miller for the property located at 3014 W Illinois Route 120. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/30/18. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Rick Miller, 7603 S Oak Road, Wonder Lake, IL 60097 who was sworn in by Chairman Strach. Mr. Miller provided a summary of the request before the Commission at this Hearing stating he would like to expand his company from Wonder Lake and Woodstock to McHenry and needs the conditional use in order to be on contract with the Police Department, Director Martin provided the Commission with the Staff Report regarding this matter stating a preliminary walk through have been done for life safety requirements. The subject property was previously approved for outside storage in 1996. At that time an ordinance was presented, however the conditional use limited the storage of vehicles to the northeast corner of the building; maximum of two vehicles overnight and the duration of the conditional use permit was concurrent with the tenancy with Bull's Eye Windshield Repair. Additionally, in 2005, a conditional use permit was applied for and went to Planning to Zoning, however did not proceed to City Council for final consideration. In the City's Zoning Ordinance, a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. Director Martin stated the conditional use would be specifically for storage of vehicles, either impounded or retrieved from an accident scene. The proposed location of the outdoor storage is behind the building to the north and is not likely to visually detract from the surrounding area. Director Martin stated that cars should not be seen from the street. The storage area abuts residential to the north and the VFW property. Director Martin further stated there is an existing fence, which needs to be repaired, and there is a gap in the fence on the north side, which needs to the closed. The fence is cyclone and should be solid, opaque, with slats, or landscaping or a combination; otherwise, the building is in decent shape. Planning and Zoning Commission February 14, 2018 Page 7 Director Martin stated staff recommends approval of a Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business on the subject property subject to the conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Sobotta inquired about vehicle repairs. Mr. Miller stated there would be none. Commissioner Miller inquired how many vehicles would be housed at the property. Mr. Miller responded no more than 10, Commissioner Miller inquired if Mr. Miller had issue with fixing the fence. Mr. Miller stated no, and offered that he already purchased the materials. Commissioner Miller asked about other security in place and if he had dogs. Mr. Miller said the yard is locked and secured with cameras and there are no guard dogs on the property. Commissioner Thacker inquired about vehicle residency on the property. Mr. Miller responded vehicles typically are housed there for 48 hours. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:04 p.m. Motion by Miller, seconded by Thacker, to recommend to the City Council with regard to File No. Z-921, approval of an application for Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business on the property located at 3014 W Route 120 as presented by applicant Rick Miller, subject to the following conditions: 1. The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; 2. There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; 3. The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. 5. The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval. 6. The fence shall be repaired, so it's completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. Planning and Zoning Commission February 14, 2018 Page 8 Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None, Absent: Meyer. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-921 at 8:06 p.m. Public Hearing: Meyer Material Company LLC File No. Z-922 7003 W. Illinois Route 120 and 7204 N. Illinois Route 120 Conditional Use Permit for the Operation of a Commercial Sand and Gravel Business on the North and South Sides of Illinois Route 120 and Variance from Chapter XIII, Section A (4) to Exceed the 10 year Limitation for an Extraction Operation on the South Side of Illinois Route 120 Chairman Strach called the Public Hearing to order at 8:06 p.m. regarding File No Z-922 an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120 and a Variance from Chapter XIII, Section A (4) to exceed the 10 year limitation for an extraction operation on the south side of Illinois Route 120 as submitted by Meyer Material Company, LLC for the property located at 7003 W Route 120 and 7204 W Route 120, Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/29/18I Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Attorney Tom Zanck and Randi Wille, Regional Manager of Land & Environment for Lafarge, 1300 S IL Route 31, South Elgin, IL 60177, on behalf of the applicant, who was sworn in by Chairman Strach. Chairman Strach read a letter from Maria Rabenda into record and presented it to the commissioners and applicant. Chairman Strach instructed commissioners that parcel A on the maps in their packets is not part of this matter tonight. Parcels B, C, D, and E are under discussion at this hearing. Chairman Planning and Zoning Commission February 14, 2018 Page 9 Strach also reminded the commissioners that Table 31 in the Zoning Ordinance for a Conditional Use and Table 32 for the Variance should be used when determining how to vote. Attorney Zanck directed questions about the letter from Maria Rabenda to Mr. Wille. Mr. Wille answered that today was the first that he had seen the letter. Attorney Zanck asked if Mr. Wille had looked for her property on Google Maps from 2005. Mr. Wille stated that there was farmland immediately behind her property but that clearly mining was going on in 2005. Attorney Zanck asked if complaints were routed through Mr. Willie. Mr. Wille answered that he does receive the complaints. Attorney Zanck offered that Parcel A is not part of the hearing. Mr. Wille stated zoning is industrial with Ready Mix Concrete & Asphalt plant on that parcel and hours for industrial use are 5 a.m. - 7 p.m. He further offered that Meyer owns the plant and leases it to Curran Contracting, Randi Willie provided a summary of the request before the Commission at this Hearing stating his petition is to continue doing what has been done on this property since 1988 along with subsequent mining operations and sand and gravel and reclaiming the slopes over time. Mr. Wille opined that the rate of mining is slower than in the past and he opined that the rate would not increase in the future. Mr. Wille stated that Meyer wants to finish the plan to continue to mine by Burning Tree, Wooded Creek and Glacial Ridge subdivisions and return the land to single- family residences. Attorney Zanck distributed a Conditional Use Renewal packet, which included a history of the plant, and property and Mr. Wille summarized the packet, which contains past and current photos of the property. Mr. Wille offered a brief ownership, permit and ordinance history of Meyer Material. Mr. Wille stated the hours of operation as they relate to the city ordinances that are in place. He outlined the stripping, mineral extraction, conveying, processing activities and setback zones. Mr. Wille presented the property restoration plan and pointed out photos of the finished appearance of the property bringing it back to agricultural. He stated that he has been in contact with some the residents in regards to restoration. Mr. Wille addressed the current action items and challenges of Meyer Material including continued extraction, resurfacing of the haul road, providing information to neighbors and managing dust and noise. He shared the statements from the IDNR Mine inspection. Mr. Wille presented the petition of renewal. Attorney Zanck distributed and presented Example 1-the Reclamation Report and Example 2 — Report to City of McHenry and explained their importance. Attorney Zanck presented the 2002 Secor International Inc. dust report (Example 2) and asked Mr. Wille if the pit surrounded Valley View School. Mr. Wille answered yes. Attorney Zanck stated that the report showed Meyer Material to comply with the City of McHenry and the State of Illinois. He questioned Mr. Wille If this was the same operation today as in 2002. Mr. Wille answered yes. Director Martin provided the Commission with the Staff Report regarding this matter stating the applicant is currently petitioning the City for renewal of their existing conditional use permit to Planning and Zoning Commission February 14, 2018 Page 10 continue operating a commercial extraction business on the north and south sides of Illinois Route 120, North of 120 is primarily used for the mining of sand and gravel. The raw materials are then transported to the southern parcel for processing into aggregate material. As per the Zoning Ordinance of the City, this requires a conditional use permit however; these conditional use permits are only good for 10 years. The applicant is also requesting a variance from the provision of the Zoning Ordinance, which puts a 10-year time operation limitation on any extraction business for the south side, which expires in May 2018 to allow the north, and south sides to expire simultaneously in 2032. The north side agreement expires in October 2022. The subject property consists of three parcels, totaling approximately 156 acres on the north side and several parcels totaling over 1,000 acres on the south side. While these properties are governed by annexation agreements, which will be considered by the City Council, they are regulated primarily by the zoning ordinance Chapter XIII. Surface Mining, Directory Martin stated that initially, in 1988, 409 acres were annexed into the City of McHenry and zoned RS-1 with an A-M Overlay and granted a conditional use permit for a commercial mining business. Meyer Material annexed approximately an additional 117 acres of property into the City of McHenry in 1998 to expand their operation. That property was zoned RS-1 with an A-M Overlay and granted a conditional use permit for a commercial mining business, granted a variance to extend the operation to 2018 and is located at the southeast corner of Route 120 and Ridge Road. Also in 1998, a variance was granted to the original 1988 property to all the operation through May 4, 2018. This conditional use permit needs to be extended in addition to the one on the north side. The City established the A-M Agricultural and Mining Overlay District to capitalize on the natural resources that currently exist within McHenry County and to subsequently permit businesses such as Meyer Material/Lafarge to operate these earthen extraction businesses. The City established the overlay district due to the factthatthe areas suitable for mining operations would also be suitable for development once the mining operations were completed. The subject property has an underlying zoning of RS-1, with additional regulations placed upon it over and above those imposed by the residential district regulations to govern the mining operations. In this instance, the City's Comprehensive Plan has designated this entire area as low -density residential land use, with the intention that in the future, a rural residential subdivision would be developed within the City's limits. Director Martin stated that the City Council discussed this topic at their November 6, 2017 and Februarys, 2018 meetings. Concerns expressed bythe Council atthose meetings included: noise from the crushers; ensuring the City maintained the proper reclamation bonding; making sure all wash plant processing was done inside in an enclosure; backup alarms on the vehicles; impact on shallow aquifers of residents; having copies of audits from monies received by City from aggregate material mined; ensuring proper hours of operation were followed and making sure the City had current reclamation, topographical, aerial and reclamation maps. Director Martin Planning and Zoning Commission February 14, 2018 Page 11 offered that the City does receive revenue. Director Martin stated that Mr. Wille is working on making sure that the aforementioned reports are presented to the City. Director Martin stated Table 31 of the City s Zoning Ordinance governs conditional use permits. The character of the area in close proximity to the site on Route 120 is of rural agricultural farming, mining operations and low -density single-family residential land uses. The subject property has been mined for decades with minimal disturbances of a major nature. Director Martin stated that while there have been some issues, due to the fact that the south side abuts residential, primarily with noise and dust, Meyer Material Company and their parent company have been extremely responsive to residents. Director Martin stated he has been here for 16 years and he has seen Randi Willie specifically address numerous neighborhood concerns. To address noise, in the latest annexation agreement a wash plant enclosure was required. Director Martin further stated that Allen Miller was also very responsive to complaints when he was at Meyer, dealing with noise and dust. Additionally, Meyer provides a valuable service to the City of McHenry and surrounding cities, a commodity that is needed for our economy, provides job and the City receives revenue from the operation. Director Martin stated that they donate time and have been very active in the community. The mining business provides valuable resources to the surrounding region and will continue to do so. The City is fortunate to have these natural resources made available. In addition, the City Council will be negotiating, through an annexation agreement extension, on several fronts with the applicant to not only maintain the rural atmosphere of this area but to work with the City in providing tangible benefits to the residents of McHenry. Staff feels that at this time, this is an appropriate land use and zoning of the property. Director Martin stated that this is a continuation of what has been going on for many years, nothing is changing. The applicant needs to comply with the City's ordinances with regards to storm water detention and storm water release rates. The City's Surface Mining Regulations of the Zoning Ordinance place considerable limitations on the operation of extraction businesses and the applicant will need to comply with state and federal regulations as well. After the mining operations are ceased, the site must be reclaimed, within certain time restrictions, by the applicant in accordance with the requirements of the Zoning Ordinance. The noise impacts of the proposed operation will be greatly reduced in that the processing area for the raw materials is located on the south side of Route 120 in the existing mine, which is 50 feet below the existing ground surface. However, the noise generated from back-up alarms on truck and earth -moving equipment is a concern. The use of silent back-up alarms should be required for equipment used north of Route 120 which has all been addressed in the past and staff believes should continue to be a priority. Planning and Zoning Commission February 14, 2018 Page 12 Table 32 of the Zoning Ordinance governs Variances. The limitation placed in the Zoning Ordinance on an extraction operation is 10 years. If the applicant wishes to exceed the 10-year time limitation, a variance can be applied for or at the end of the 10-year time limit; the conditional use permit can be extended for the south side -for approximately four years. Staff does not see any major concerns with this request as long as the processing remains on the south side of Route 120, Director Martin stated staff recommends approval of a conditional use permit to allow a mining operation on the subject property subject to the conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied; and Staff recommends approval of the proposed variance to the 10 year time limitation imposed by the Zoning Ordinance with regards to mining on the south side. Approval of the variance shall be subject to the same conditions identified for consideration of the Conditional Use Permit presented and all the requirements in Table 32 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh referred to Page 12 of the Conditional Use Renewal "Provide information to neighbors as needed" and asked how often Meyer did this. Mr. Wille stated that in the past, a letter and flyers were distributed to the Burning Tree subdivision. Mr. Wille stated he did knock on doors and did speak to one woman who told him the noise was not from the plant but the ATVs running up and down the area. Commissioner Walsh asked how often the feedback is offered to Mr. Wille. Mr. Wille answered that the feedback has been limited over the last few years and that most feedback has been from Ryan Schwalenberg from the City. He further added that a past complaint about the dust during high winds were addressed and new procedures were put into place to limit the dust. Commissioner Walsh inquired if the IDNR and IEPA had any complaints about Meyer would had come through Mr. Wille. Mr. Wille answered they do come from IDNR and IEPA but added that he had not received a complaint from either. Commissioner Thacker inquired to the timeframe for end use. Mr. Wille opined that by 2032, all the minerals will be gone and the land will be returned to single-family use. Director Martin added that there is a proposed 60-acre lake with houses surrounding it. Commissioner Thacker inquired about the timing of past mining. Mr. Wille opined that there has been some stagnancy in use of the pit and was unsure when the north side mining had stopped. He opined that operation would last for 5-6 years dependent upon supply and demand. Commissioner Thacker further inquired about the 2003 studies on Valley View and inquired what the biggest complaint was then. Mr. Wille said it was noise and opined that it mostly seems to be from the asphalt plant, which is being run by Curran Contracting, Commissioner Sobotta repeated the question regarding the biggest complaint since 2002. Mr. Wille replied it was noise and opined that the noise was from the asphalt operations because of time of day. Commissioner Sobotta asked on average how many complaints Meyer Material Planning and Zoning Commission February 14, 2018 Page 13 receives. Mr. Wille replied that in 2017 there were three, he was unsure if he had any last year (2016j. Commissioner Doherty inquired about placement of the crushers. Mr. Mile responded that the crushers would remain on the south side and they would conveyor the material from the north. He opined that in 2 years they would pull away from the homeowners. He further opined that the heavy equipment would not be moving. Commissioner Doherty inquired about dirt storage near Burning Tree subdivision. Mr. Wille stated that topsoil is on the outside perimeter. Commissioner Doherty asked if there is a continuous berm. Mr. Wille stated the berm still runs along Burning Tree subdivision, he offered pictures of where they just put a berm on the south of Glacial Ridge and opined that next year they will move the berm in advance of mining, ultimately the spoils will be hauled to Woods Creek and Burning Tree areas. Commissioner Doherty questioned if it is all surface mining. Mr. Wille responded yes and offered that Meyer had done testing for future boring. Commissioner Walsh asked for clarification on the asphalt/noise complaints and opined that the noise was coming from Curran Contracting who is running the plant. Mr. Wille answered correct. Commissioner Miller questioned what percent of material have been removed from the mine to date. Mr. Wille stated 65-70%since 1975 or before, he opined that the rate of removal is slower now due to changes in the industry. He offered that Meyer is now a mining company and not handling only concrete like in the past but now focus on the demand for aggregate materials. Commissioner Miller questioned whether all reclaimed land for Parcel B will look as demonstrated in the photo Parcel E, as Meyer retreats and strips the field. Mr. Wille replied yes. Commissioner Miller questioned about reclamation of Parcel D and B. Mr. Wille offered Parcel D is the asphalt plant; Parcels B & C will be reclaimed when complete. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Jackie Matthiesen, 6712 Burning Tree Circle, McHenry, IL. Ms. Matthiesen stated her wish is that the quarry, known as Meyer Material, not be given an extension. She stated her concern is the integrity of Valley View School because of her grandkids go there and her daughter is a teacher. She stated that Valley View is an island surrounded by the gravel pit. She opined that the property might be made less secure with continued mining. She is not in favor of an extension and opined that no amount of additional revenue to the City is worth safety to the children. Nicholas Finia, 6805 Burning Tree Circle, McHenry, IL. Mr. Finia stated he would request application not be approved because 12 years ago he and his wife purchased their property with the condition for purchase being that the operation was to cease May 2018 and if this is approved that will not be happening. He stated concerns of significant dust, air polluted with diesel fumes and pool accumulation of dirt and sand. He stated that the noise pollution was very loud and opined it was from the heavy -duty —diesel —hauling, part crusher and belt equipment. He stated Planning and Zoning Commission February 14, 2018 Page 14 that the crew forgets to turn off the crusher and Mr. Wille did look into this but it continues to happen. He stated that the back-up sound on Saturdays starts at 6 a.m. and that living with it is different than testing the noise for an hour. Mr. Finia offered for Mr. Wille to come stay at his home to see what they live, every day. He suggested on windy days that they not operate or if they do, they should spray to subside dust. He opined that Meyer needs to be a good neighbor. He opined that Meyer should compensate them because of diminished property value. He stated that a business could be a good neighbor if they use common sense. Susan Christensen, 6326 Chickaloon Drive, McHenry, IL. Mrs. Christensen stated her one concern is the lack of outreach to neighbors. She built 10 year ago knowing the mining was to end in 2018. She is concerned that her investment is not being maintained. She opined the amount of time is excessive. Jim Christensen, 6326 Chickaloon Drive, McHenry, IL. Mr. Christensen stated that he would like to address the time element. He stated that the early morning noise is offensive. He offered that contractors have a later start time, which is strictly enforced for homeowners. He questioned If the deep digging would affect his water well. He suggested mufflers for the machinery to help with the noise. Mary Nader, 1213 Matanuska, McHenry, IL. Mrs. Nader stated she would like to echo all discussion about all the noise. She stated that there are rules in the subdivision about power tools and wondered why the crusher was running at 5 a.m. She further opined that the Reclamation Plan from 1987, which she received from Director Martin, is antiquated. She opined the bonds were not satisfactory. She opined that the City is not being a good neighbor and has failed the residents. She stated there has been no communication from Meyer Material since 1986 when they bought their home or since they built in 1995. She further opined they should have five years to finish. Terry Nader, 1213 Matanuska, McHenry, IL. Mr. Nader stated that the Reclamation Plan is already 30 years old and that the mining has been going on for 70 years. His concern is about noise but opined that the reclamation should be most important to the City. Mr. Nader stated that he is an attorney who knows that companies go bankrupt and then the cost falls on others. He wonders why there are no engineering studies to show the cost to the City if the reclamation expense become the City's burden. He opined that if Meyer should default, the City needs to have security. Mario Arteaga, 2502 E. Wonder Lake Rd., Wonder Lake, IL. Mr. Ortega lives on the lot closest to the north side of Meyer Material at East Wonder Lake Road and Ridge Road. He opined that the mining operation is toxic. He stated that he is living on farmland, which is beautiful now and opined that the mining will make that an eyesore. He believes that Meyer Material is not a good steward of the land. He stated that the 2002 Environmental Impact Study was old. He urges the City to deny the request. He also opined that the trucks area traffic hazard during entry and exit. Planning and Zoning Commission February 14, 2018 Page 15 Scott Curry, 5802 Amherst Court, McHenry, IL. Alderman Curry stated that he is the council member for this area and that he knows that the gravel pit has been there before the residents. He stated that there are 40 years of issues and he gives no credence to the length of time the pit has been in business. He stated that since he was elected in 2015, he had twenty-one complaints, which he stated probably were not transmitted to Mr. Wille because the City does not bring it further if there is not a violation. He also stated that he does not separate the asphalt plant from Meyer because they work together. Chairman Strach interjected that the Commission is not talking about Parcel A. Alderman Curry spoke on the annexation agreement concerns, the noise, and continual work and that there was no end in sight, 6 days per week, every week. He opined that the reclamation is outdated and willfully inadequate. He opined we could approach by extending south by 4 years and see how it goes. Kenneth Reese, 6829 Burning Tree Circle, McHenry, IL. Mr. Reese asked about the original agreement end time. Director Martin stated there were several agreements because it kept being extended. Mr. Wille answered that there was added acreage/120 acres additional and that is why time has been extended. Mr. Wille gave IDNR surface mining regulations setback features and stated Meyer is bonded by the State as well as the City. They also use a buffer even larger than what is required with strict regulations imposed. Mr. Wille addressed the concerns of Mr. Arteaga regarding the truck traffic and flow. Mr. Wille stated that the drivers are not their employees but are customers and that the drivers must meet all requirements requested. Mr. Arteaga spoke again and said that there was a lack of signage at the entrance. He opined that there are no safety precautions in place. He further opined that there is a lot of wildlife that will be disturbed if the north is mined. Commissioner Doherty discussed the City's protection for reclamation and asked Director Martin if ?300,000 bond is adequate. Director Martin responded he was unsure. Mr. Wille said that some of the requirements have been met and the State has released some bonds. Chairman Strach asked if all of the reclamation that should have been done, has been done. Mr. Wille stated that yes; it is Meyer's goal to release the bonds. Director Martin opined that there is leeway to increase the amount if needed. Commissioner Doherty mentioned that Commissioner Miller asked about the rough percent of mining reserves left. Mr. Wille opined that the forecast for 14 years is accurate for the demand. Commissioner Sobotta asked Co clarification ofthe ordinance that was in the packet. Chairman Strach stated to clarify that the reclamation process is in the City s mining ordinance. Mr. W[Ile clarified that the [EPA permits Meyer for water pollution control and the IDNR regulates Meyer for the land disturbance. Commissioner Sobotta questioned the exemptions that cover surface mining. Commissioner Sobotta opined that Meyer could go beyond the bare minimum of state requirements on noise. Director Martin stated the muffled alarms requirement is for both sides. Chairman Strach added part of this condition is the north side originally had the mufflers but now should be on the south side as well. Commissioner Sobotta opined Meyer Material should match hours with those of construction hours if they want to be a better neighbor. Planning and Zoning Commission February 14, 2018 Page 16 Commissioner Miller discussed her concerns including the noise, Reclamation Plan, and communication and opined that as they move north the prevailing winds will cause the noise to increase for Wood Creek and Glacial Ridge. She asked what else Meyer could do to help those residents. Commissioner Miller opined this needs to be an ongoing conversation. She agrees with the Reclamation Plan and that the City needs to have Meyer held accountable. Commissioner Miller questioned how complaints could be better handled. Director Martin stated they could call the City. Commissioner Miller suggested that communication become better; she opined that a call from Mr. Wille would probably alleviate many of the concerns. Chairman Strach produced a stack of complaints dating back to 2008 that he received from Director Martin and the City Police Department. He noted there were not many noise complaints and urged residents to call the City for tracking purposes. He stated the City needs to be able to track those calls. Commission Thacker asked Mr. Wille about the purchase during the first 10 years, did Meyer think they would be mined within that timeframe or did Meyer expect to come back and ask for an extension. Mr. Wille answered that he was not sure because he was not part of the original purchase. Director Martin stated back in 2002 part of the time the plant was not running and mining so it was out of Meyer's control. He opined that it is not an easy answer as to whether they bought knowing they needed more time. Chairman Strach offered that in 2008, the economy crashed and he opined that the business changed. Director Martin opined that Meyer is more diverse now. Commissioner Thacker asked in regards to the conditional use permit, could it be 5 years. Director Martin stated that the ordinance could not exceed 10 years. Commissioner Walsh echoed Commissioner Miller's concerns about communication and opined the process may be broken and that the residents do not know where to go. For the record, Commissioner Walsh would like to know where to go if he had a complaint. Director Martin reiterated that the City would take a complaint; the City does act as mediator for properties within the city limits. He stated the City has the capability to record those concerns. He addressed that there may need to be some things discussed before the City Council meeting. Chairman Strach stated to address Alderman Curry's calls and concerns, he opined that complaints may not have gone through the proper channels and may not have gotten to Meyer so it is hard to hold the petitioner accountable. He stated that we need to start the process; the City needs to be able to track the process. Commissioner Miller opined that as a resident, it matters knowing that your complaint has been heard would help open the communication. Commissioner Sobotta opined that we need to talk about the hours of the noise. Discussion ensued. Chairman Strach closed the public comment portion of the hearing at 943 p.m. Motion by Miller, seconded by Doherty, to recommend to the City Council with regard to File No. Z-922, an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120 for the property located at 7003 Planning and Zoning Commission February 14, 2018 Page 17 W Route 120 and 7204 W Route 120 as presented by applicant Meyer Material, LLC, subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120. 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh Voting Nay: None. Not Voting: None. Abstaining: None, Absent: Meyer. Motion carried 6-0. Commissioner Miller asked for clarification on the variance. Director Martin clarified. Commissioner Thacker questioned if Meyer had to come back for the north side. Director Martin answered that was the previous vote. Commissioner Thacker stated that he wanted to change his vote. Attorney Cahill instructed on how to motion for reconsider Motion to reconsider by Thacker, seconded by Walsh, to recommend to the City Council with regard to File No. Z-922, an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route 120 for the property located at 7003 W Route 120 and 7204 W Route 120, as presented by applicant Meyer Material, LLC, subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120. 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120, 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Planning and Zoning Commission February 14, 2018 Page 18 Voting Aye: Doherty, Sobotta, Thacker, and Walsh Voting Nay: Strach, and Miller. Not Voting: None. Abstaining: None, Absent: Meyer. Motion carried 4-2. Chairman Strach asked if everyone was clear on the Motion. Motion by Thacker, seconded by Walsh, to recommend to the City Council with regard to File No. Z-922, an application for a Conditional Use Permit for the operation of a commercial sand and gravel business on the north and south sides of Illinois Route for the property located at 7003 W Route 120 and 7204 W Route 120, as presented by applicant Meyer Material, LLC, subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120, 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120, 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, and Walsh Voting Nay: Thacker. Not Voting: None, Abstaining: None. Absent: Meyer. Motion carried 5-1. Commissioner Thacker explained that he voted no because the length of time for the mining operation with the extension is getting to be too long. Planning and Zoning Commission February 14, 2018 Page 19 Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No. Z-922, an application for approval of the proposed variance to the 10 year time limitation imposed by the Zoning Ordinance with regards to mining on the south side on the property located at 7003 W. Illinois Route 120 as presented by applicant Meyer Material, LLC, subject to the following conditions: 1. Muffled/reduced noise back-up alarms shall be used on the trucks and earth moving equipment, north and south of Route 120, on the subject property. 2. Applicant shall enter into an amended annexation agreement with the City for the properties on the north and south sides of Illinois Route 120, 3. All processing of raw material shall be done at the existing mining facility on the south side of Route 120, 4. That there are no substantial or recurring violations of the City of McHenry, State of Illinois or Federal mining, environmental and reclamation laws and regulations. Be granted, and that Table 32, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, and Walsh. Voting Nay: Thacker. Not Voting: None, Abstaining: None. Absent: Meyer. Motion carried 5-1. Commissioner Thacker stated he has the same reasons as the prior hearing for Meyer Material for voting nay. Chairman Strach closed the Public Hearing regarding File No. Z-922 at 10:34 p.m. Staff Report Director Martin initiated discussion on a special meeting to review the Comprehensive Plan. A special meeting will be scheduled Wednesday, March 7, 2018 at 7:00 p.m. for that discussion only. Director Martin stated the Economic Development Department is getting very busy. Adjournment Motion by Sobotta, seconded by Doherty, to adjourn the meeting at 10:33 p.m. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None, Abstaining: None. Absent: Meyer. Planning and Zoning Commission February 14, 2018 Page 20 Motion carried 6-0, The meeting was adjourned at 10:33 p.m. Respectfully submitted, Tina Conaway, Economic Development Asst, City of McHenry [PLANNING AND ZONING COMMISSION STAFF REPORT Z-924 CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION), MINOR INTERIOR ALTERATIONS AND INTERIOR/EXTERIOR BUILDING ADDITION TO PROVIDE AN ELEVATOR IN ORDER TO PROVIDE HANDICAPPED ACCESSIBILITY TO ALL THREE FLOORS OF THE SCHOOL AND ANY VARIANCES REQUIRED TO EFFECTUATE THE AFOREMENTIONED REQUEST AT 3614 WAUKEGAN ROAD -LANDMARK SCHOOL] Applicant McHenry Elementary School District 15 1011 N Green Street McHenry, IL 60050 Requested Actions Conditional use permit to allow an assembly use (educational institution), minor interior aIterations and interior/exterior building addition to provide an elevator in order to provide handicapped accessibility to all three floors of the school. Site Information Location and Size of Property The property is located at 3614 W Waukegan Road and consists of approximately 1.56 acres. Comprehensive Plan Designation: Institutional Existing Zoning and Land Use The subject property is zoned O-1 Local Office and contains Landmark School as well as a mobile classroom unit and a playground. The subject of this petition is obtaining a conditional use permit for an assembly use in conjunction with a proposed building addition to install an elevator. The site did not previously have a conditional use permit for an assembly use. Adjacent Zoning and Land Use North: C-5, Highway Commercial District, Boone Lagoon and Vacant Bank Building South RA-1, Attached Residential, Residences East C-4, Downtown Commercial, Vacant Building West: RA-1 and C-5, Residence and Vacant Property Background and Description of Request McHenry Elementary School District 15 has removed most of their long-range mobile classrooms, evaluated their space needs and upgraded several of their schools to meet the educational needs of their students by constructing permanent building additions and/or it [PLANNING AND ZONING COMMISSION STAFF REPORT Z-924 CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION), MINOR INTERIOR ALTERATIONS AND INTERIOR/EXTERIOR BUILDING ADDITION TO PROVIDE AN ELEVATOR IN ORDER TO PROVIDE HANDICAPPED ACCESSIBILITY TO ALL THREE FLOORS OF THE SCHOOL AND ANY VARIANCES REQUIRED TO EFFECTUATE THE AFOREMENTIONED REQUEST AT 3614 WAUKEGAN ROAD=LANDMARK SCHOOL] structural alterations to accommodate additional learning space. This proposal is for an addition and minor alternations at Landmark Elementary School on Waukegan Road. The City's zoning ordinance classifies schools as assembly uses and assembly uses are conditional uses in all residential zoning districts. Landmark School is well over one hundred years old, therefore there is no conditional use permit on file. An assembly use is defined as: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature. The only exceptions to this definition include: building, tenant space, room or space used for public assembly purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area. Staff Analysis The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a conditional use permit obtain an additional conditional use permit. In this case a conditional use permit for an assembly use is required because one was not originally obtained; however, if one was obtained a conditional use permit would still be required due to the proposed structural alteration. A structural alteration/expansion, due to the fact that it impacts the exterior of the structure of the elevator, would require another conditional use permit. Staff believes the structural alteration/expansion will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education's Office for the building alteration following consideration of the zoning request by the Planning and Zoning Commission and pending City Council approval of the request. Staff Recommendation Prior to Public Hearing Approval of a Conditional use permit to allow an assembly use (educational institution), minor interior alterations and interior/exterior building addition to provide an elevator in order to provide handicapped accessibility to all three floors of the school at 3614 W Waukegan Road with the condition the site is developed in substantial conformance with the site plan prepared by Arcon attached hereto and incorporated herein. E [PLANNING AND ZONING COMMISSION STAFF REPORT Z-924 CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION), MINOR INTERIOR ALTERATIONS AND INTERIOR/EXTERIOR BUILDING ADDITION TO PROVIDE AN ELEVATOR IN ORDER TO PROVIDE HANDICAPPED ACCESSIBILITY TO ALL THREE FLOORS OF THE SCHOOL AND ANY VARIANCES REQUIRED TO EFFECTUATE THE AFOREMENTIONED REQUEST AT 3614 WAUKEGAN ROAD=LANDMARK SCHOOL] Staff finds the requirements of Table 31 of the zoning ordinance have been met. Attachments • Location Map • Application Packet �3 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-924 CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION), MINOR INTERIOR ALTERATIONS AND INTERIOR/EXTERIOR BUILDING ADDITION TO PROVIDE AN ELEVATOR IN ORDER TO PROVIDE HANDICAPPED ACCESSIBILITY TO ALL THREE FLOORS OF THE SCHOOL AND ANY VARIANCES REQUIRED TO EFFECTUATE THE AFOREMENTIONED REQUEST AT 3614 WAUKEGAN ROAD=LANDMARK SCHOOL] 1V Location Map: 3614 W Waukegan Road n ARGON February 26, 2018 Mr. Douglas P. Martin Director of Economic Development City of McHenry 333 S. Green Street McHenry, Illinois 60050 RE: SUBMITTALS FOR A CONDITIONAL USE PERMIT McHENRY SCHOOL DISTRICT 15 AT LANDMARK ELEMENTARY SCHOOL PROJECT NO. 17094 McHenry Reference No.: Z-924 Dear Douglas: The McHenry School District 15 Is proposing to construct on Addition to Landmark Elementary School, starting this Spring/Summer of 2018, as we have discussed in the past few weeks. The Addition will house an elevator to allow handicapped Individuals to access all three floor levels of this school. Besides this narrative letter, please see the attached Forms, Information and Drawings depicting this proposed Addition, which include the required:. • FORM A: Public Hearing Application, signed. • FORM C: Conditional Use Permit • Site Plan and Sheet C1.3 • Building Floor Plans: See Sheets A1.3. • Building Elevations and Section: See Sheet A3.1. • Plat of Survey with Legal Description: See Plat from McHenry SD 15. Therefore, ARCON Associates, Inc., on behalf of McHenry Elementary School District 15, would like to respectfully submit for a Conditional Use Permit for this project, at Landmark Elementary School. Please contact me if you have any questions &/or further requirements. Sincerely, ARGON Associates, Inc. Michael D. Sauer Senior Associate / Architect MDS/ 1:\1 D15\17094 Flooring & gothroom Remodeling Q Muhiple Slles\1 Docs\Permit\CUP - Clty of McHenry March-Apd1201B\D75 - Subnmittals (or Col McH 02.2618\770941002.wpd a[Chltect6 ■ fOOE & IDaaODIy consultants ■ environmental consultants . landscape architects .construction managers 2050 s. Elnley road, suite 40, lambard, 1111no1s 60148 ■ p: 630.495.1900 ■ E: 708.328.6325 ■ www.arconaeaoc.com FORM A PUI3LIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-924 333 South Green Street � McHenry, TL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 1. Name of Applicant: McHenry Elementary School Aistrict No.15 Te1:815-385-7210 Address: 1011 North Green Sheet, Bleilenrv, TL G0050 Fax: 815-344-7121 2. Name of Property Owner: (same) (If other than Applicant) Address: 3. Name of Engineer: ARCON Associates, Inc. (Architeck) (If represented) Address: 2050 South Finley Road, Suite 40, Lonthard, IL 60148 4. Name of Attorney (If represented) Address Tel Fax 630-495-1900 Fax: (n/a)_ Tel Fax 5. Common Address or Location of Property: Landmark Elementary School 3614 W. Wattkeean Road, MclTenry, IL 60050 6. Requested Actions) (check all that apply) _Zoning Map Amendment (Rezoning) X Conditional Use Permit _ Zoning Variance Zoning Variance -Minor Zoning Text Amendment Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Mcllem•v School District 15 would Illcc to construct an addition to LandmarkIslementary School, to provide an elevator in order to provide handicapped accessibility to all of the three floors of the school, FORMA Page 1 of3 7. Current Use of Property: The Current Use is for Elementary Education, as Landmark School and shall remain under that Use, for Elementary Education, 8. Current Zoning Classification of Property, Including Variances or Conditional Uses . LOCAL OFFICE 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5. Illehwav Commercinl District, Boone Lagoon and Vacant Rank Buildine. South: RA-1, Attached Residential. Residences. East: C-4, Downtown Commerciah Vacant Building. West: RA-1 and C-5, Residence and Vacant Pronerty. 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): $ 950.00 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 6, FORM D—Zoning Variance Application 7. FORM E —Use Variance Application _8. Proof of Ownership and/or Written Consent from Property Owner FORMA Page 2 of 3 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. Auulicou is Nat Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owncrs(s) to make the application. Auulicmu or Owner is Couornliot or Pnrtnershin 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. Apnlicant or Owner is a Innd Tntst 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 1 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 sit such codes. 1 hereby request thnl a public herring to consider this application be held before the Planning and Zoning Commission, and thereafter that a reconunendatiot be forwarded to the City Council far 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. of Applicants) SchoolDis[ricf IS Michael D. Sauer, Senior Associate/Architect ARCON Associates, Inc. FO)2M A Page 4 of 3 FORM C File Number Z-924 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street ° McHeuty, B, 60050 ° TeL• (815) 363-2170 °Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recouuuending approval a• conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. There will be no change to the current traffic patterns or flow at or around Landmark School. 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. Once construction is completed there will be no non characteristic uses or effects on the surroundings 3. Neigliborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The addition will match the exterior fagade materials, look and character of the existing Landmark School Building. FORM C Page 1 of 2 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. There will be no effects on the sunouudinrp area. S. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The proposed use will not be detrimental to anyone as it will remain the same, for elementary 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The `Use' of the school facility will not change It will remain the same as it is today. FORM C Page 2 of 2 3 TYP. PARKING STRIPPING 4 TYP. H.C. 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Site Information Location and Size of Property The subject property is located at 4910 W Elm Street and consists of approximately .52 acres Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5, Highway Commercial District, and used as a towing business with ancillary outdoor storage of vehicles and also contains a limousine service. Adjacent Zoning and Land Use North: RS-4 High Density Single -Family Residential, Lakeland Park Subdivision South: C-5 Highway Commercial District, Happy Jack's, Vacant East: C-5, Sunnyside Auto West: C-5,Job Staffing Office Description of Request The applicant is seeking a cononal use permit to allow the outside storage of towed/impounded vehicles west of the existing building, in conjunction with their towing operation. Background The subject property was previously approved for outside storage and a subsequent ordinance to allow the installation of an overhead door, attached, however the first conditional use limited the storage of vehicles to less than 24 hours/day and technically having outside storage requires permission 24 hours a day. 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-925 CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 4910 W ELM STREET] Staff Analysis In the City's Zoning Ordinance a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. As previously stated the conditional use would be specifically for storage of vehicles, either impounded or retrieved from an accident scene, as well as from the applicant's limousine business. The proposed location of the outdoor storage is behind the fenced area to the west of the building and inside the building, neither of which are readily visible to the public. They are also not likely to visually detract from the surrounding area, and the applicant has been running this type of business for some time from this location. This request is merely to clarify and clean-up a technicality in the existing conditional use permit ordinance. There is an existing fence, and the building is in decent shape. Staff Recommendation Prior to Public Hearing Approval of a conditional use permit to allow the outdoor storage of vehicles directly -related to the business operations on the subject property only subject to the following conditions: 1. There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; 2. The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. 3. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. 4. All stored vehicles shall remain inside the building or within the fenced -in area. Staff finds the applicant is in substantial conformance with the criteria outlined in Table 31 for Conditional Use Permits in the Zoning Ordinance. Attachments: • Location Map • 0-94-659 • 0-99-902 [PLANNING AND ZONING COMMISSION STAFF REPORT Z=925 CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 4910 W ELM STREET] 4910 W Elm Street 3 ORDINANCE NO. O-94-659 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, IIY GRANTING A CONDITIONAL USE PERMIT ON THE WITHIN DESCRIBED PROPERTY WBEREAS, a written PatitiOn signed by Walter J. and Joan H, Dambrowski has been filed with the City Clerk of the City of McHenry, Illinois requesting the granting of a Conditional Use Permit under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the following described property: Lota 14, 15 and 16 in Block 21 in Lakeland Park Unit No. 2, a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1952 as Document No. 260030, in Book 11 of Plats, page 66, in McHenry County, Illinois. commonly known as 4910 W. Elm Street, and; WHEREAS, said Petitioners are requesting the Conditional Use to perfnit operation of an auto body repair facility on the subject property; and WHEREAS, proper notice was given and a hearing was held before the City of McHenry Zoning Board of Appeals on April 18, 1994, at which time the Zoning Board did take evidence and view exhibits presented by the Petitioners, and; � REAS, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the requested Conditional Use Permit, NOW, TDERHFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ICHENRY, ILLINOIS, as follows: SRCTION 1: The Zoning Board of Appeals did find, and the City Council Concurs, that it would serve the interest of the City if a Conditional Use Permit were granted for an auto body repair facility on the subject property, in that: A. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district leas been minimized, B. 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. C. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with Permitted Uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with Permitted Uses in the district. D, 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, , E. The proposed vac will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity, F. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 2: That a Conditional Uae Permit is hereby granted on the foregoing legally described property, commonly known as 4910 W. Elm Street, McHenry, Illinois, to permit the operation of an auto body repair facility thereon, subject to the following conditions; 1, Staff approval of plans for landscaping, screening and fencing; 2. The refuse area be limited to a ten foot by ten Eoot area. 3. No outside storage of vehicles, equipment, or supplies in excess o£ a twenty-four hour period; and 4, All hazardous solutions must be stored in a closed, fifty-five gallon drum, inside a locked, fenced -in concrete dike area. SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict, SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the Gity of k7cHenry, Illinois. SECTION 5; This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 18th day of May, 1994, AYES; Bolzer, Locke, bates, Lawson, Baird ' NAYS: None ABSENTi None NOT VOTING: None ABSTAINED: None i Mayor ATTEST: City ClerA,' ORDINANCE NO, 0-99402 AN ORDINANCE AMENDING A CONDITIONAL USE PERMIT AT 4910 WEST ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, on May 18, 1894, the City approved Ordinance 0-94-659, which granted a Conditional Use Permit to allow an auto body repair facility at 4910 West Eim Street; and WHEREAS, a request has been filed with the City by Rex Olsen for an amendment to this Conditional Use Permit to allow the installation of a 10, x 10' overhead door and paved apron on the north side of the existing building; and WHEREAS, the City Council considered this request on January 6, 1999and determined that a referral to the Zoning Board of Appeals for a public hearing we , s not required in this case because of the minor nature of the proposed amendment; and WHEREAS, the City Council has considered the request and evidence and finds that the approval of the requested zoning change is 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 TWE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1; That the property commonly know as at 4910 West Elm Street, and legally described below, be granted an amendment to the Conditional Use Permit originally approved on May 18, 1994, by Ordinance 0=94.659, to allow the installation of a 10' x 10' overhead door and paved apron on the north side of the existing building. Legal Description: Lots 14, 16 and 16 In Block 21 In Lakeland Park Unit No, 2, a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1952, as Document No. 260030, in Book 11 of Plats, page 66, in McHenry County, Illinois, 5Et`TION 27hat the conditions of approval described in Section 2 of Ordinance 0-94.659 shall remain in full force and effect, SECTION 3: in granting said amendment to the Conditional Use Permit, the City Council finds that it will be compatible with existing uses in the area, and with the Permitted Uses in the zoning district, in the following ways: 1. Traffic Any adverse Impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 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. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the Environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. I. 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. 5 Public Safety end Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public In the vicinity, 6. Other Factors The proposed use is in harmony with all other elements of tib to the conditional use and its particular location, compaility pertinent SECTION 4; All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict, SECTION! 5: This Ordinance shall be published In pamphlet form by and under the authority of the corporate aulhorifies of the City of McHenry, McHenry County Illinols. , SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication In pamphlet form as provided by law. PASSED THIS 20TIl DAY OP, ANUA Y , 1999. AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NAYS: NONE ABSTAINED: NONE. ABSENT: NONE. NOT VOTING: NONE. APPROVED THIS o H DAY OP _ .raNnaev , 1999. YOR ATTEST: To whom it may concern, My name is Martin Robb with Viking Enterprises I.I.C. I have recently purchased the property at 4910 W. Elm St. in McHenry (formerly Rex Auto Body and 24/7 Towing). I currently have two businesses operating on this property, McHenry Limousine Service, Inc and REX Towing, Inc. It has been brought to my attention that the zoning on this property currently allows for less than 24 hour parking/storage. Both of these businesses will at times require parking/storage in excess of 24 hours at a time. McHenry Limousine operates a fleet of fourteen vehicles. Some of these vehicles are only used for weekend charters. When not being used they will be parked on the property. REX Towing is contracted with multiple Police Departments for towing of vehicles involved in accidents and arrests. Many of these vehicles are required by a Police Department to be held for a minimum of 24 hours before release while many others will sit for days before being claimed by insurance companies, owners or salvage yards. These vehicles are stored in a secured, fenced lot until being claimed. For these reasons I am requesting a Conditional Use Permit be granted allowing for parking/storage as needed. Thank you for your consideration. Martin Robb Viking Enterprises LLC FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Nuntber� 333 South Green Sheet � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 I. Name of Applicant V 1� - 1'}�e (' � f lS (e L /� l� / Address ���g chf1S�D��e/' cY" .�OhASbU1'G 2. Name of Property Owner (If other than Applicant) Address Tel 0 �'J^ % % (� 0.3c�'� Fax Tel Fax 3. Name of Engineer• Tel (If represented) Address Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Commou Address or Location of Property �/ l � �! l�l/•. �" 1 m �1` ! , l � ,L i1(L.! 6. Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) Conditional Usc Permit Zoning Variance -Minor Zoning Text Amendment Zoning Variance Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: 7. Current Use of Property V C ``® }i 0 8. Current Zoning Classification of Property, including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: C Jf G�iv��",���r�I �i� AGK���f�C4�,JT M East: `J S V � N91 :p ei West: 5b b 5�fAd�2 ( el ('P Q� C 10. Required Attaclunents (check all items submitted} Please refer to the Public Hearing Requirements Checklist to determine the required attachments. Application Fee (amount) $ '50�rO 090 N<3 2. Narrative Description of Request 4*;?�3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application �5. FORM C — Conditional Use Application _6. FORM D —Zoning Variance Application 7, FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit 9. Plat of Survey with Legal Description _10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape Plan u15. Architectural Rendering of Building Elevations 16. Performance Standards Certification _17. Traffic Analysis 18, School Impact Analysis FORMA Page 2 of 3 � ^ ��5 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 app]ication shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the otvuers(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 Cor t�oration or Parinershio If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land bust 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 shueholders or limited paztners 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 Ciry Council for the adoption of an ordinances) 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. Signahrre ofApplicant�l Print Name and Designation of Appticaut(s) FORMA Page 3 of 3 Pile Number_" COl\D[TIONAL USG PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street MetIemy, II. h0050 Tel: t815) 3(3-2 f n Fax: to 13) 363-2173 Table 31 of the City of McHemy 7.oning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please resound 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 die zoning district has been minimized. i�umnucc Auy adverse effects of noise, glue, 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. , L� J � l`'Pc� s �J� �-�-N(�.e U✓''�(1 J Ve.� 11 ��' 'lG"fFCI L-/t.f15 !L �� / 3. NeithborlfoottChatacter �Cr1Nr�t�<� u$Q<< ��nll2 (�1 -4 The proposed use will fit harmot ions y wt h the extshng hatitiil a' than-m t "Citara cr i of t� �CL '- surrowidings and with permitted uses in the ronuig district "Che use Witt nol have undue deleterious effect on the cnvironmcntal quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the disnict. '' // r mnn-mOde Cl1rj1/1(4,-c Styma& el�, 0 /tell °uis�ln12 `)v) I�l� G1 f nCI #j o (RA /via.. Cr 4j�littLA �etrm Gl eCl USC S NORM C ) vi i �te 01 S+t 1 • Page 1 of 2 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, insucha wily as 10 place undue burdens upon existing development in the area. n (Our iQCm7< will(na rPAIl!✓P. aV1S'f,Y)U A,�rnm�l✓»/ M, T �Cj (}/� �OilYl I L1Aj ISP 111 :DLOHa- CY is Orb yr {i o n 0 ` CIS mancl -1y tus bv�CCe 11S v�J�n 4QK1123 f 10 y L1�e VC (P" 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in hamtony with in other elements of compatibility pertinent to the Conditional Use and its particular location. FUKM C Page 2 of 2 c�t e C. ,lam ....:p ebPYA'4e NR ROM N£iD TN BY: BYCBY(� e- B OAP pelRRTr dd =JirtD' 9. 46 R 8 8. Id=27eap2-OOd OOe. O(6 DTOM WbIp.:_6A5A7 EL_P0._ ,vi�vl t Lola 10. IS d 76 q Noc m h L&dmM Pak LM p, a �y (1 9bdtrdor PdMa al5albn R Tna�a45 NaNI. Rm9e B /L>-+ "`L If at eN. 19 -14 Edal of the had Hn�d N � " D.veel reeadW Deeeihv Ip, i952 a�Dm6pope1o! Nape n eta a of pka Ptte 66, n udlwy an,ly, ®ptx /,::�,:. ill i ;•S. }�:., ` ..`.,..r.-Ai.,�":,"y. �'1: �_.l�y 45r r OT kapp �i NOW i w4 t g4 t o d �it�h �� _ 663Y 93 AM �wte a� n 4 LOT 12 -4420 -- u LEGEND """ ® fiave om6 PaPr a awm azn • o yaeD Mar rvf m yox» uaz xNr h' sw e 6taa Nx n6 m� (0 rctp W) taoaa Nuswp ' NotC Ody Weet edHb¢ Ifne Ru4kOmf oe eaermea4 Eom m a 8:oe,de3 bhbdidrba PLl ua r➢rrn hereon tea° d d rt Y a N°Ih�fre�to to nurrped wnWof ropy ur a q ed huDdlaf llaer or • No d1stia esl to to UmMed by derreLLo ` No uurpound ImFrorementf ha,e h:en y le^.ftN vviuf exom and nobr& • No uprMaution of b oro"w2p um sw lol3blebn houll xe herwa mpued. = emeenrd:i or "teed°aw°nodam ttwe WA r Q o r po[xMP11oc tM elte muWde eiW Wie peel bbY dl,erepuadu rwah yar f SfITB OF IIyLV019 ) , Maa v WMRY OF McHBNRT) ) 88' p m1 h nl�e ho&Te lurr°eled We'Ptnre4.� shore dmrlbrd'Sind that the Putt m�a b a true uprueabtbn of the fdd furey. This profuelonat eerrtoa ° mr to the torrent Mh"nph minimum fiaaduda for a bun" "ey. Daltd el ■noaetock, MCNPwy County. xptuoit 6 6 A.D., 20 ty. Yandereteppen lend fi aylnp lno. Dedpn P No. I64-Op m DNnoL Profu to a x.na surtynr n,, e6yi rt�� � I IIIIIIIIIIilllllllll III III II IIIIIIIII IIIIII II II Ilil III 2 0 1 7 R 0 0 2 4 3 1 1 2 TRUSTEE'S DEED (Illinois) THIS AGREEMENT, made this Q'day of 2017, between Dawn M. Olson, as Successor Trustee under the provisions of a Gust agreement dated the 9'h day of November 2012 and known as the Rekstad B. Olson Declaration of Trust, and Dawn M. Olson as Trustee under the provisions of a trust agreement dated the 9"' day of November 2012 and known as the Dawn M. Olson Declaration of Trust Grantor, and Viking Enterprises, LLC, an Illinois limited liability company, Grantee. JOSEPH J. TIRIO RECORDER-MCHENRY COUNTY, IL 2017ROO24311 07/0312017 04:30PIl PAGES 2 RECOR0I119 FEE 20.00 fiYS FEE 15.00 STATE STARP FEE 425.00 COUIITY STAIIP FEE 212.50 RUSH HOUSIN PEE A.00 STATE OF ILUNUIS o, e JULA.17 Y' o o — o MC HENRY COUNTY REAL ESTATE TRANSFER TAX 0063750 fP3 p WITNESSETH: The Grantor in consideration of the sum of TEN and NOI100 ($10.00) Dollars, receipt of which is hereby acknowledged, and in pursuance of the power and authority vested in the Grantor as said Trustee and Successor Trustee and of every other power and authority the Grantor hereunto enabling, does hereby convey and quit claim unto the Grantee, Viking Enterprises, LLC,Yen Illinois limited liability company, the following described real estate, situated in the County of McHenry, State of Illinois, to Wit: LOTS 14, IS AND 161N BLOCK21 IN LAKELAND PARK UNITN0.2, A SUBDIVISION OF PART OF THENORTHIVEST QUARTER, AND PART OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 12, 1952 AS DOCUMENT NO.26003% BOOK 11 OF PLATS, PAGE 66, IN MCHENRY COUNTY, ILLINOIS, 10 PIN(s): 09-27-302-003, 09-27-302-004, 09-27-302-005 4916 Commonly known as: 4910 W. Elm Sheet, McHenry, IL 60050 together with the tenements, hereditameuts and appurtenances thereunto belonging or in any wise pertainingI SUBJECT TO: covenants, conditions and restrictions of record and building lines and easements, if any, provided they do not interfere with the current use and enjoyment of the Real Estate; and general real estate taxes not due and payable at the time of Closing. IN WITNESS WHEREOF, the Grantor, as Trustee and Successor Trustee , as aforesaid, has hereunto set her I�a�rd and seal the day and year first above written. the provisions of a trust agreement dated the 9'h day of November 2012 and larown as the Rekstad B. Olson Declaration of Trust FIDE 333 CRYSTAL LAKE IL 60014 LITY NATL TITLE COMMERCE DR STE 100 Dawn iVI.Olson, as Trustee tinder the pro`�vis of a trust agreement dated the 9°i day of November 2012 and known as the Dawn M. Olson Declaration of Trust STATE OF I1ALIN0I3 ) )SS. COUNTY OF McHenry ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Dawn M. Olson, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument at her free and voluntary act as such trustee and successor trustee, for the uses and purposes therein set forth. .. GIVEN under my hand and official seal, this Wday of Oan e� 2017. NuYar�y Public My commission expires: NOTARY PUBLIC - MY COI�!ISSION THIS INSTRUMENT PREPARED BY: William P. Petsche RothMelei 454 W. Virginia Street Crystal Lake, IL 60014 AFTER RECORDING RETURN TO: David LeSueur• Diamond & LeSueur 3431 West Eli. Street McHenry, IL 60050 SEND SUBSEQUENT TAX BILLS TO: Viking Enterprises, LLC 3109 Christopher Court Johnsburg, IL 60051 [PLANNING AND ZONING COMMISSION STAFF REPORT Z=923-wCONDITIONAL USE PERMIT AND PARKING VARIANCE TO ALLOW A DRIVE-IN ESTABLISHMENT AND OUTSIDE SEATING AT 4305 W ELM STREET] Applicant Cornersite, LLC 3190 Doolittle Dr, Northbrook, IL 60035 Requested Action Conditional Use Permit to allow a drive-in establishment and outside seating and Parking Variance from the Off -Street Parking and Loading Requirements at 4305 W Elm Site Information Location and Size of Property The subject property is located at 4305 W Elm Street (Currently Twisted Burger) and subject property consists of .49 acres. Comprehensive Plan Designation Commercial Existing Zoning and Land Use The subject property is currently zoned C-5 Highway Commercial District and contains an approximately 1,905 square -foot building. Adjacent Zoning and Land Use North: C-3 Community Commercial, McHenry Market Place Shopping Center/Chase Bank South: RS-3, Medium -High Density Single -Family Residential, Boone Creek/Whispering Oaks Park East: RS-3, Boone Creek/Whispering Oaks Park West: C-5, Vacant Background In February 2015 a drive-thru was proposed at the Starbucks on north Richmond Road, which was originally constructed in approximately 2003. The applicant has a contract to purchase the Twisted Burger building at 4305 W Elm, remodel and perform exterior and interior alterations and an addition to accommodate a drive-thru for a second Starbucks facility in the City of McHenry at this location. The applicant has submitted an application for a conditional use permit for a drive-thru facility, outdoor seating and a parking variance; however in examining the application more closely staff has determined a parking variance is not required. 1 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-923--CONDITIONAL USE PERMIT AND PARKING VARIANCE TO ALLOW A DRIVE-IN ESTABLISHMENT AND OUTSIDE SEATING AT 4305 W ELM STREET] The building is 1,905 square feet and 15 parking spaces/1,000 square feet of net floor area are required. The applicant is required to have 25 parking spaces and is depicting 27 on the site plan submitted. Staff Analysis Starbucks has been open for many years on north Richmond Road and recently did a major renovation which has been a huge success. They are now seeking a second facility south of town. Attached to this supplement are the drive-in establishment guidelines the City Council adopted as a policy document for drive-in facilities. The proposed drive-thru would be located on the east and north sides of the building. There is a bypass lane south and east of the drive-thru lane. Due to the existing floodplain and floodway the applicant is not raising the site substantially. The only portion of the site being raised slightly is the actual drive-thru pad on the east site of the building. The applicant has also submitted a traffic, parking and queuing study. Staff believes the plan presents an accurate representation of a well -designed circulation plan for a drive-thru restaurant for this location and recommends approval with the following conditions. Staff Recommendation Prior to Public Hearing Approval of a Conditional Use Permit toallow adrive-in establishment with outdoor seating at 4305 W Elm Street with the conditions: • Site is developed in substantial conformance with the site plan and building elevations prepared by are Malcomb and consisting of four sheets and the landscape plan prepared by Dowden Landscape Design dated 2.16.18 and consisting of one sheet prior to a full certificate of occupancy; • Drive-thru "escape area' depicted on -site along with all arrows depicted on landscape plan shall be painted on the pavement on -site prior to a full certificate of occupancy; • The nine bullet points on page four of the traffic study, done by Gewalt Hamilton and dated February 8, 2018, shall be incorporated into the applicant's design and project prior to a full certificate of occupancy; • Dumpster enclosure shall be contained within a newly screened enclosure prior to a full certificate of occupancy. Staff finds that the requirements in Tables 31 (Conditional Use Permit) have been met. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-923-mCONDITIONAL USE PERMIT AND PARKING VARIANCE TO ALLOW A DRIVE-IN ESTABLISHMENT AND OUTSIDE SEATING AT 4305 W ELM STREET] Attachments • Location Map • Drive-in Establishment Guidelines • Application Packet 3 March 140 2018 [PLANNING AND ZONING COMMISSION STAFF REPORT Z-923--CONDITIONAL USE PERMIT AND PARKING VARIANCE TO ALLOW A DRIVE-IN ESTABLISHMENT AND OUTSIDE SEATING AT 4305 W ELM STREET] Drive-in Establishment Guidelines Any Drive-in establishment proposed in the City of McHenry maybe subject to any or all of the following design considerations imposed as conditions by the City Council: 1. Adequate spacing between order window/box and the nearest residentially zoned property. 2. Adequate number of stacking spaces is shown on site plan (five spaces per window). 3. No stacking space shall block any right-of-way or common driveway aisle. 4. Demonstrate an adequate turning radius is shown on the site plan as the onsite circulation path moves around the building or structure, particularly regarding emergency vehicle access. 5. Consider limiting the hours of operation of drive-in window, particularly if adjacent to residentially zoned property. 6. Vehicle stacking area must be isolated from parking and any means of circulation by means of a landscape median. 7. Consider limiting access cuts to public roadways. 8. Consider access to adjoining sites via an internal connection. 9. Drive-in establishments cannot face or be visible from a public roadway. 5 t Cornersite, LLC April 27, 2017 Planning and Zoning Commission City of McHenry 333 S Green Street McHenry, IL 60050 RE: 4305 W. Elm (Rt. 120) To Whom It May Concern, This application is for the redevelopment of the existing building and parking lot at the above referenced location. Cornersite, LLC, based in Northbrook, IL, is the purchaser in contract of the property which is currently occupied "Twisted Burger,' a fast -casual restaurant tenant. We currently have a fully executed Letter of Intent ("LOI") from Starbucks Coffee to occupy the building once it's been remodeled substantially in accordance to the plans we are currently submitting. Our plan entails adding a small addition to accommodate the drive through window on the east side of the building and, completely remodeling and re -cladding the exterior. The interior will be converted into a clean "Vanilla box" with new water service, increased electrical service and all new rooftop HVAC equipment. Starbucks will be responsible for its own interior buildout. Additionally, the parking lot will be remodeled to accommodate the drive through lane and completely resurfaced. The project will require a Conditional Use Permit for the drive through service and the outdoor seating. Required parking per the zoning code is three (3) parking spaces for every 200 square feet. Accordingly, we respectfully ask for your consideration for the required Conditional Use Permit and Parking Variation, 3190 Doolittle Drive, Northbrook, IL 60062 � Phone 847-230-1344 � Fax 847-513-9442 Cornersitellc.com Traffic and Parking Summary To: Mr. David Schwartz Comersite, LLC From: Lynn M. Means, P.E., PTOE Senior Transportation Engineer Date: February 8, 2018 Subject: Proposed Starbucks with Drive -Through Window 4305 West Elm Street (IL Route 120) McHenry, Illinois Part I. Introduction and Project Context GEWAII IJAMUON l 1 m ASSOCIATES, INC. C O N S U LTI N G E N G IN E E R S fi25 Forest Gdge Drive, VerumI Hills, IL fiQOfil TEL 847.478.9700 0 Fax 847.478.9701 w+vw.gha-enginccrs.com Gewalt Hamilton Associates, Inc. (GHA) has conducted a preliminary traffic and parking assessment for the proposed coffee shop with drive -through window and retail development located at 4305 West Elm Street (Illinois Route 120) in McHenry, Illinois, The 0.60-acre site is located on the south side of IL Route 120, west of Oak Drive, and currently contains the "Twisted Burger' restaurant. Access to the site is currently provided via one full access driveway on IL Route 120, approximately 275 feet west of Oak Drive. As proposed, the project consists of modifications to the existing building to contain a ±1,900 square -foot coffee shop with drive-thru window. The development will be served by a total of 27 parking spaces, including two (2) accessible spaces. Access to the development will be maintained via the existing driveway on Elm Street. The following provides a summary of existing conditions, site traffic characteristics and the analysis conducted, which includes a qualitative analysis of the development's impact on the surrounding roadway network, assessment of on -site circulation, parking analysis, drive -through stacking analysis and gap analysis. Exhibits and Appendices referenced are located at the end of this document. Pan: II. Background Information Sife Location Map and Roadway Inventory Exhibit 1 provides a location map of the site vicinity. Exhibit 2 provides a photo inventory of current traffic operations. Pertinent comments to the adjacent roadways include: Illinois Route 120 (Elm Street) IL Route 120 is an east -west principal arterial roadway, providing afour-lane cross-section (two travel lanes in each direction) in the site vicinity. An eastbound left -turn lane and a westbound right -turn lane is also provided at its signalized intersection with Oak Drive, It. Route 120 is under the jurisdiction of the Illinois Department of Transportation (]DOT) and has a posted speed limit of 35 miles per hour (mph), west of Oak Drive, and 30 mph east of Oak Drive. IL Route 120 is designated as a Strategic Regional Arterial (SRA) route. SRA routes are designed to carry higher traffic volumes at higher travel speeds through access control and traffic signal installation / spacing. It is also designated as a Class II Truck Route. GG01 Stephens Station Road, Unit 107, Colombia, MO G5202 � 'fro, 573.397.6900 � Fox 573.397.6901 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Oak Drive Oak Drive is a north -south major collector roadway, providing a two-lane cross-section (one travel lane in each direction). At its signalized "T" intersection with IL Route 120, a separate left- and right-tum lane is provided. It is under the jurisdiction of the City of McHenry, with a posted speed limit of 25 mph. Pedestrian and Bicvcle Facilities A sidewalk is provided along both sides of IL Route 120 and the east side of Oak Drive within the study area. The Prairie Trail bicycle path is located to the east of the site, crossing IL Route 120 at Oak Drive. The path extends from Algonquin, Illinois (connect to the Fox River Trail in the south) to Genoa City, Wisconsin. Crosswalks with pedestrian push button signals with countdown timers are provided along all three approaches of the IL Route 120 and Oak Drive signalized intersection. Public Transportation The site is well served by public transportation. Pace Bus Route 807 provides weekday rush hour service between the Woodstock and McHenry. Along its route, it serves major destinations I employment centers ncluding McHenry County Courthouse, McHenry City Hall, McHenry Market Place and Woodstock and McHenry Metra Stations, Pace Route 807 operates along IL Route 120 (eastbound and westbound) adjacent to the site with a scheduled stop at the IL Route 120 and Oak Drive intersection. Existing Traffic Exhibit 3 summarizes the existing weekday morning and evening peak hour traffic volumes. Peak period count data along IL Route 120 was obtained from IDOT's Traffic Count Database System. Based on these counts, the weekday moming and evening peak hours occurred from 8:00 to 9:00 AM and 4:00 to 5:00 PM, respectively. Exhibit 3 also provides the Average Daily Traffic (24-hour volume) along IL Route 120 obtained from [DOT. Summaries of the ]DOT traffic counts can be found in Appendix A. Pertinent comments from the count data and cur observations include: • During the weekday morning and evening peak hours, the distribution of traffic along IL Route 120, adjacent to the site, is heavier in the eastbound direction (approximately 55 percent) in the morning and heavier in the westbound direction (approximately 60 percent) in the evening. • During the weekday morning and weekday evening peak hours, vehicle queues on eastbound IL Route 120 at its signalized intersection with Oak Drive rarely extended beyond the proposed site access driveway. And during the infrequent occurrences, queues dissipated (cleared) between every cycle, permitting turns to both enter and exit the access driveway. Part III. Traffic Evaluation Proposed Plan Exhibit 4 illustrates the Comersite Conceptual Site Plan prepared by Ware Malcomb dated November 20, 2017. As proposed, to the existing restaurant building will be modified to contain a ±1,900 square -foot coffee shop with drive-thru window. The development will be served by a total of 27 parking spaces, including 2 accessible spaces. Access to the development will be maintained via the existing driveway on IL Route 120, Gewalt Hamilton Associates, Inc. —Page 2 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Trip Generation and Directional Distribution Exhibit 5 — Part A tabulates the traffic generation calculations for the proposed development. Trip generation rates published by the Institute of Transportation Engineers (ITE) in the 10th Edition of the Manual Trip Generation were used to determine the anticipated traffic from the proposed coffee shop with drive -through development. Not all vehicle trips expected to be generated by the proposed project represents new trips on the study area roadway system, studies have shown that for coffee shop developments, a substantial portion of the site -generated vehicle trips are already present in the adjacent passing stream of traffic or are diverted from another route to the proposed site. Based on data presented in the ITE Trip Generation Handbook, 31d Edition, the average pass -by trip percentage for coffee shop uses is 83 percent. However, to provide a conservative analysis, a 20 percent reduction for pass -by traffic was applied to the development site - generated trips, consistent with IDOT guidelines for the preparation of traffic impact studies on SRA routes. It should be noted that the volume of pass -by traffic does not reduce the total trips generated and will still be realized as turning movements at the site driveways. Note: The existing site currently contained a restaurant use. Thus, the new trips as presented on Exhibit 5 provide a conservative analysis scenario, as a credit for the current site use was not considered in our analysis. Exhibit 5 — Part B provides the anticipated trip distribution of new site traffic. This was based on existing site travel patterns, the operational characteristics of the street system and competing opportunities. As shown, the majority of trips are anticipated to be oriented eastbound along IL Route 120, which reflects the convenience of right -turn movements, i.e., stopping for coffee on the way to work in the morning. Site and Total Traffic Assignments Exhibits 6A and 68 illustrate the site traffic assignments for the new and pass -by vehicle trips, respectively, which are based on the traffc characteristics summarized in Exhibit 5 (traffic generation and trip distribution) and assigned to the area roadways. Site and Existing traffic (see Exhibits 6A, 613, and 3, respectively) were combined to develop Total Traffic, which is illustrated on Exhibit 7. Traffic Increases /Traffic Impact /Deliveries As shown on Exhibits 5 and 6A, the total new (including both entering and exiting traffic) weekday AM and PM peak hour vehicle trips of 136 and 66, respectively, are expected on the roadways leading beyond the study area. Based on the anticipated directional distribution of the site traffic, this increase represents, on average, during the peak hours approximately one (1) vehicle every 1 to 2 minutes on IL Route 120. On a daily basis, volume increases in the range of approximately 625 vehicles are expected on IL Route 120, east and west of the site. This represents approximately a two percent increase based on the existing IDOT daily traffic volumes. However, as previously noted, the above increases are based on a very conservative analysis scenario, as they limit the pass -by (traffic already traveling on the adjacent traffic stream) to 20 percent, as well as do not consider traffic associated with the previous site use. Gewalt Hamilton Associates, Inc. —Page 3 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Accordingly, the amount of site -generated traffic is expected to have minimal effects on the operations of the external street network. Deliveries are expected to occur through the front door of the building and the refuse container is located at the southeast end of the site. In addition, in order to facilitate traffc both on and off site, the followi"us OU e considered: • Deliveries should occur during off-peak hours. • Employees should be encouraged to park in the two spaces opposite the drive -through lane entrance and the two spaces directly to the south of the driveway entrance. Additional employee parking, if necessary, should occur within the parking space at the east end of the site, from south to north. • Encourage the use of public transportation, rideshare or alternative modes of transportation (walking / biking) for staff, as applicable. • Providing bicycle parking on -site that is easily accessible. • Designate a parking stall (southernmost stall on the east side of the site) to accommodate large or special orders occurring through the drive -through. • "Do Not Enter' signs should be posted at the escape (drive -through by-pass) lane, as well as the terminus of the coffee shop drive -through lane to discourage wrong -way traffic from entering these driveways. • A Stop bar and Stop sign should be also be installed at the terminus of the coffee shop drive -through lane, as well at the escape lane. • Appropriate wayfinding signing should be provided on site to direct traffic to the coffee shop drive - through. • A change in pavement materials or color should be provided between the drive -through lane and the parking/drive-aisle, along with lane delineation/curbing, as appropriate. Gap Analysis Exhihit 8 provides the results of a gap study performed at the site access location with IL Route 120. A gap study was conducted by GHA on Wednesday, January 24, 2018 during the weekday morning (6:00 to 9:00 AM) and weekday evening (4:00 to 6:00 PM) peak periods for the existing four -lane cross section (two through lanes in each direction) on IL Route 120. The observed weekday morning and evening peak hours occurred from 8:00 to 9:00 AM and 4:00 to 5:00 PM, respectively. The data collected from the gap study is included in Appendix A. Gap studies are conducted to determine the duration and frequency of gaps, or interruptions in the through traffic stream, which permits vehicles on side streets site access to turn and enter the through traffic stream or vehicles on the mainline to cross the traffic stream to access a side street. The following four types of gaps were analyzed: • The number of gaps in the eastbound traffic stream on IL Route 120 to provide for a westbound turn movement movement from IL Route 120 onto the site access eastbound (Exhibit 8 — Part A). • The number of gaps in the eastbound traffic stream on IL Route 120 to provide for a northbound right - turn movement from the site to eastbound IL Route 120 (Exhibit 8— Part 8), Gewalt Hamilton Associates, Inc. —Page 4 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois • The number of gaps in the combined eastbound and westbound traffic streams on IL Route 120 to provide for a northbound left -turn movement from the site to westbound It. Route 120 (Exhibit 8 — Part C). During the critical peak periods, the types of vehicles performing the above movements is passenger cars only. A minimum clearance time (critical gap) of 4.1 seconds, 6.9 seconds and 7.5 seconds is required for one single passenger car to make a left -turn into the site, right -turn out of the site and a left -turn out of the site, respectively. The minimum timeframe between the departure of one vehicle making a left -turn into the site, right -turn out of the site and a left -turn out of the site and the departure of the next vehicle using the same gap (follow-up time) is 2.2 seconds, 3.3 seconds and 3.5 seconds, respectively. The available gaps, which were identified by the data collection, were measured against the required amount of time for each movement, as described above. The following summarizes the results during the critical peak hour, as shown on Exhibit 8— Part D: Westbound left -turns into the site: 32 required, 633 gaps available during the weekday morning peak hour and 17 required, 635 gaps available during the weekday evening peak hour. Northbound right -turns out of the site: 52 required, 283 gaps available during the weekday morning peak hour and 24 required, 297 gaps available during the weekday evening peak hour. Westbound left-tums out of the site: 31 required, 111 gaps available during the weekday morning peak hour and 17 required, 103 gaps available during the weekday evening peak hour. Parking Analysis Based on the parking requirements outlined in the City of McHenry Code of Ordinances, 29 parking spaces are required for the proposed site uses. The City parking requirements are summarized in Table 1. Table In City Parking Requirements Use Size Parking Requirement Parking Spaces Coffee Shop Oth Drive -Through Window 1,906 SF GFA 15 spaces per 1,000 SF of GFA 29 Total Provided 27 Based on GHA's experience, the parking requirements by City Code for the proposed development appear to exceed the anticipated peak parking demand that may be generated by the proposed coffee shop with drive -through window use. In order to project the peak parking demand for the proposed development, 'HA referenced Parking counts conducted in 2015 and 2017 at 13 similar coffee shop with drive -through developments (Starbucks) in the Chicagoland area (see Appendix C). The sites surveyed were located on principal arterial roads with similar ADTs as IL Route 120. Based upon recent surveys at similar coffee shops with drive -through facilities (Starbucks), the peak parking demand did not exceed 19 spaces, which is 10 less spaces than the City code requirements. Accordingly, the anticipated peak parking demand is expected to be accommodated on site. Drive -Through Queuing (Stacking) Analysis Gewalt Hamilton Associates, Inc. —Page 5 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois A drive -through queueing (stack(ng) analysis was conducted to determine whether the proposed store space is adequate to accommodate the drive -through vehicles in the coffee shop component of the development. Based on the Cornersite Conceptual Site Plan prepared by Ware Malcomb dated November 20, 2017 (see Exhibit 4), the on -site vehicle storage space of the proposed coffee shop drive -through window lane is 6 vehicles without disruption site access or on -site circulation. An additional 6 to 7 vehicles could be stored on -site (for a total storage of 12 to 13 vehicles), prior to impacting operations along IL Route 120, This satisfies the City Code requirements of 5 stacking spaces for a restaurant with a drive - through window. Based upon recent surveys conducted by GHA in 2015 and 2017 at 13 similar coffee shops in the Chicagoland area with drive -through facilities (Starbucks), the average stacking ranged between 4 and 9 vehicles, which can be adequately accommodated on site without impacting on- or off -site operations. The maximum stacking observed at the 13 locations surveyed was 12 vehicles, occurring at 1 of the 13 locations. However, this queue was realized when a special order came through the drive -through that required a processing time in excess of 5 minutes. As previously noted, it is recommended that a parking stall be designated to accommodate large/special or adjustments to orders to facilitate on -site circulation/drive-through operations. Staff should also be adequately trained to direct these vehicles to the stall / out of the drive through lane during peak hours of operation. Part IV. Recommendations and Conclusions A preliminary traffic and parking analysis was performed for the proposed Starbucks with drive -through to be located on the south side of IL Route 120, west of Oak Drive, in McHenry, Illinois. Overall, the development is anticipated to have minimal effect on the operations of the area roadway network, with the recommendations contained herein to facilitate traffic both on- and off -site: • Deliveries should occur during off-peak hours. • Employees should be encouraged to park in the two spaces opposite the drive -through lane entrance and the two spaces directly to the south of the driveway entrance. Additional employee parking, if necessary, should occur within the parking space at the east end of the site, from south to north. • Encourage the use of public transportation, rideshare or alternative modes of transportation (walking / biking) for staff, as applicable. • Providing bicycle parking on4te that is easily accessible. • Designate a parking stall (southernmost stall on the east side of the site) to accommodate large or special orders occurring through the drive -through. • "Do Not Enter" signs should be posted at the escape (drive -through by-pass) lane, as well as the terminus of the coffee shop drive -through lane to discourage wrong -way traffic from entering these driveways. • A Stop bar and Stop sign should be also be installed at the terminus of the coffee shop drive -through lane, as well at the escape lane. • Appropriate wayrinding signing should be provided on site to direct traffic to the coffee shop drive - through. • A change in pavement materials should be provided between the drive -through lane and the parking/drive-aisle, along with lane delineation/curbing, as appropriate. Gewalt Hamilton Associates, Inc. —Page 6 Starbucks Development 4305 West Elm Street (IL Route 120) McHenry, Illinois Pan. V. Technical Addendum The following Exhibits and Appendices were previously referenced. They provide technical support for our observations, findings and recommendations discussed in the text. Exhibits 1. Location Map 2. Photo Inventory 3. Existing Traffic 4. Site Plan 5, Traffic Characteristics 6. Site Traffic a. New Trips b. Pass -By Trips 7. Total Traffic 8. Gap Analysis Appendices A. [DOT Count Data B. Gap Study Data C. Starbucks Survey Data 5342.900_Starbucks_IL Route 120_McHenry_Traific Summary.2.8.18.docx Gewalt Hamilton Associates, Inc. —Page 7 Technical Addendum � � ��� GEWALT HAMILTON ASSOCInTESI fNC. Exhibits a� GEWALT HAMILTON �� C� �r�� ASSOCIATES. iNC. �.4 rt t �= O d W C O O a T d v LO �Q N N FEE z° 00 - m " .. M h L � V WWfn <� QaE O 0 7 O 0 of O) LO J I I 00 V 00�go as O) 0000 qqt O V) F L L U 7 7 T O O - = 2 , O F ooQ) m as U N > X Q 0_Q W I a) x> tool X h �ei _ o� W MMEMO ~ 3 s dc W N N E No g°ZX. - r = o. a. _, 3Ack �1. IIn a€ �'It d6 Q & ; 3 8gy m 0 01 � \ { \_�~( \ \ � !*P / Cl \ ) =:a j {\\$2 \/f\) � � +• W 'C K W (n Z a n_ Oo Oo vi LO I I p 00 00 p� 00 d- (VI w L L U 3 3 �- O O _ = L F 0 0 0) N N c IL a - N_ X Q d W I I 'O J X Xf� X � J Q a. 00 00 of LO 1 o 00 00 m 00mt V) � L O 3 7 w O O O 2 2 i H O O LA N N L as - X Q 0� W cli X ti Q O_ O O 00 we to O) LO I 1 6 00 00ot V) w L L U 7 7 w O O O _ = L F N C D- d N_ M M x Q O_ W 'O (CD X ,r J U ti L W F�- '-F Exhibit 8 Peak Hour Gap Study • Site Access and Elm Street Starbucks - 4305 Elm Street McHenry, illinols Wednesday, January 24, 2018 o Distribution (for Lek Turns In) Gaps in Eastbound Traffic on Elm Street Weekday AM Peak Hour Weekday PM Peak Hour Gap Interval No. of Vehides per Total Effective Total Effective (seconds) Gap Interval No, Gaps Gaps No. Gaps Gaps 4.1 to 6.2 1 79 79 57 57 6.3 to 8.4 2 38 76 44 88 8.5 to 10.6 3 22 66 30 90 10.7 to 12.8 4 26 104 19 76 12.9 to 15.0 5 14 70 13 65 16A to 17.2 6 7 42 5 30 17.31019.4 7 7 49 12 84 19.5 to 21.6 8 2 16 1 8 21.7 to 23.8 9 4 36 2 18 23.9 to 26.0 10 4 40 2 20 >26.1 11 5 55 9 99 Total Peak Hour Gaps = 633 635 Part B. Eastbound Gap Distribution (for Right Turns Out) Gaps in Eastbound Traffic on Elm Street Weekday AM Peak Hour Weekday PM Peak Hour Gap Interval No. of Vehides per Total Effective Total Effective (seconds) Gap Interval No. Gaps Gaps No. Gaps Gaps 6.9 to 10.1 1 60 60 74 74 10.2 to 13.4 2 31 62 23 46 13.5 to 16.7 3 13 39 12 36 16.8 to 20.0 4 10 40 14 56 20.1 to 23.3 5 6 30 3 15 23.4 to 26.6 6 4 24 7 42 >26.7 7 4 28 4 28 Total Peak Hour Gaps = 283 297 Part C. Eastbound and Westbound Gap Distribution for Left Turns Out) Gaps in Eastbound and Westbound Traffic on Elm Street Weekday AM Peak Hour Weekday PM Peak Hour 8:00-9:00 AM 4:00-5:00 PM Gap Interval No. of Vehicles per Total Effective Total EffecOve (seconds) Gap Interval No. Gaps Gaps No, Gaps Gaps 7.5 to 10.9 1 31 31 23 23 11.0 to 14.4 2 19 38 16 32 14.5 to ITS 3 3 9 4 12 18.0 to 21A 4 4 16 5 20 21.5 to 24.9 5 1 5 2 10 >25,0 6 2 12 1 6 Total Peak Hour Gaos= 111 103 Part D. Westbound Left Turns In Weekday AM Peak Hour (8:00-9:OO AM) Weekday PM Peak Hour (4:W-5:00 PM) Northbound Right Turns Out Weekday AM Peak Hour (8:00-9:OO AM) Weekday PM Peak Hour (4:00-5:00 PM) Northbound Left Turns Out Weekday AM Peak Hour (8:00-9:00 AM) Weekday PM Peak Hour (4:00-5:00 PM) Source: Hghway CaparfyManu�, fi(h Edbon Available 32 633 17 635 52 283 24 297 31 ill 17 103 r.4 a r,, GEWALT HAMIITON 1 I A ASSOCIATES, INC. Appendix A IDOT Count Data �� �� ��� GEWAITAHAMlLTON Volume Count Report LOCATION INFO Location ID 0560065 Type LINK Fnct'I Class 3 Located On Elm St From Road MEADOW LA To Road Front St Direction 2-WAY County McHenry Community MCHENRY MPO ID HPMS ID Agency Illinois DOT COUNT DATA INFO Count Status Accepted Start Date Mon 5118/2015 End Date Tue 5/19/2015 Start Time 9:00:00 AM End Time 9:00:00 AM Direction 2-WAY Notes Station Study Speed Limit Description Sensor Type ;, msz Traffic Count Database System (TCDS) INTERVAL:60-MIN Time Hourly Count 0:004:00 183 1:00-2:00 88 2:00-3:00 76 3:00-4:00 100 4:00-5:00 303 5:00.6:00 893 6:00-7:00 1,570 7:00.8:00 1,836 8:00.9:00 0! 11896 (i) 9:0040:00 11611 10:0041:00 1,575 11:0042:00 11753 12:00-13:00 11961 13:00.14:00 11764 14:00-15:00 1,890 15:0046:00 21299 16:0047:00 21697 17:0048:00 21593 18:0049:00 21284 19:00-20:00 11752 20:00.21:00 11304 21:00-22:00 829 22:00-23:00 492 23:00-24:00 296 Total 32,045 AM Peak 08:00-09:00 1,896 PM Peak 16:00-17:00 2,697 Volume Count Report LOCATION INFO Location ID 1056 0065_EB Type JUNK FncPl Class 3 Located On Elm St From Road MEADOW LA To Road Front St Direction EB County McHenry Community MC HENRY MPO ID HPMS ID Agency Illinois DOT COUNT DATA INFO Count Status Accepted Start Date IMon 5/18/2015 End Date Tue 511912015 StartTime 9:00:00AM End Time 9:00:00 AM Direction St. Notes Station Study Speed Limit Description Sensor Type msz Traffic Count Database System (TCDS) INTERVALt60-MI11 Time Hourly Count 0:00-1:00 79 1:00-2:00 28 2:003:00 43 3:00-4:00 62 4:00-5:00 249 5:00-6:00 694 6:00-7:00 13104 7:00-8:00 11079 8:00-9:00 (11 11020 9:00-10:00 897 10:0041:00 777 11:0042:00 851 12:00-13:00 946 13:00-14:00 753 14:00-15:00 857 15:00-16:00 1,017 16:0047:00 1,122 17:00-18:00 1,073 18:00-19:00 11068 19:00-20:00 743 20:00-21:00 532 21:00-22:00 353 22:00-23:00 179 23:00-24:00 130 Total 15,656 AM Peak 06:00-07:00 1,104 PM Peak 16:00-17:00 1,122 Volume Count Report LOCATION INFO Location ID 056 0065 WB Type LINK FncVI Class 3 Located On Elm St From Road MEADOW LA To Road Front St Direction WB County McHenry Community IMC HENRY MPO ID HPMS ID Agency 11111nois DOT COUNT DATA INFO Count Status Accepted Start Date Mon 5118/2015 End Date Tue 5119f2015 Start Time 9:00:00 AM End Time 9:00:00 AM Direction St. Notes Station Study Speed Limit Description Sensor Type o msz Traffic Count Database System (TCDS) INTERVAL:60-MIN Time Hourly Count 0:00-1:00 104 1:00-2:00 60 2:00.3:00 33 3:00-4:00 38 4:00-5:00 54 6:00-6:OD 199 6:00.7:00 466 7:00-8:00 757 B:OD-9:00 0* 876 9:00.10:00 714 10:0041:00 798 11:00-12:00 902 12:00-13:00 1,015 13:00-14:00 11011 14:00.15:00 11033 16:OD-16:00 11282 16:00-17:00 11575 17:00-18:00 11520 18:00.19:00 11216 19:00.20:00 11009 20:00-21:00 772 21:00-22:00 476 22:00-23:00 313 23:00-24:00 166 Total 167389 AM Peak 11:00-12:00 902 PM Peak 16:00-17:00 1,575 Appendix B Gap Study Data ��� �� �A� GEWA�T NAMILTON �.� ® �� ASSOCIATES, INC. os Nd �O ¢W j� Em cE xN = 3 sm cp � �00000�aaoa000aoo� 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 o c G m ¢ ¢ ¢ ¢ 5d Sd Sd sd ¢ ¢ ¢ ¢ a a n n n a n F ym m m n n n n m m m m a a a a n m m Q N t%J W v ` z Oomz° vmm O�mwn 0 ¢W =m — 3 =� � CV �m C f Sd ¢ a 5d ¢< a¢ 5d 5d <¢ a a n n n n n fu \ q ;_ \ q q75 qd Appendix C Starbucks Survey Data �I ryry r. �l'.fi � Yv� ASSOCIATES, INC. Appendix C Starbucks Survey Data Summary - January 2015 and July 2017 Group 1- Morning Peak Period (6 AM to 10 AM) - January 2015 Parking Demand Drive-Thru Queue Annual Average Location Maximum Maximum Average Daily Traffic (Year) Schiller Park, IL 12 9 8 36,300 (2014) Irving Park Rd at Ruby St Geneva, IL 14 4 4 35,700(2014) 1441 S. Randall Rd Schaumburg, IL 12 10 8 43,800 (2013) Golf Rd. east of Higgins Rd Streamwood, IL 9 7 7 42,400 (2013) 647 S. Sutton Rd (IL 59) Libertyville, IL 4 8 8 27,500 (2013) 1640 N. Milwaukee Ave (IL 21) Mundelein, IL 8 10 8 51350 (2013) / 15,400 (2013) IL 60 at IL 83 Bartlett, IL 14 10 9 36,200 (2013) Army Trail Rd at Sutton Rd (IL 59) Evanston, IL 12 8 7 91150 (2014) / 11,100 (2014) Central St at Crawford Ave Northbrook, IL 14 10 9 32,200 (2014) Willow Rd at Waukegan Rd (IL 43) Group 2 -Morning Peak Period (6 AM to 9 AM) -July 2017 Parking Demand Drive•Thru Queue Annual Average Location Maximum Maximum Average Daily Traffic (Year) Evanston, IL 19 11 8 22,600(2014) 1901 Dempster St Grayslake, IL 12 10 6 15,400 (2016) 775 Belvidere Rd (IL 120) Skokie, IL 13 12 6 39,900 (2014) 5211 Touhy Ave Waukegan, IL 17 10 6 26,000(2015) 3300 Grand Ave � � A� GEWALT HAMILTON !. �J �, associares, inc. FORM D File Number � ),3 ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Sheet McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recaumending approval a' conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request I. 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 circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Since the project consists of re -using the existing building and the majority of the existing parking lot the parking provided is consistent with existing conditions on the subject property, 2. Circumstances Relate to Proper Ouly Since a variance will affect the character of its sunoundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or 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 carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. The proposed plan utilizes the existing parking lot Expanding the parking lot and impervious area to allow for 2 additional narking spaces world create issues with impervious area existing floodplain and FORM D Page 1 of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 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. Since we are re -using the building constructing a smaller building or larger parking lot would not be possible. Without the ability to obtain a variance the project would be impossible 5. Preserves Ri¢hts Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right 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 proposed single tenant restauarant with drive throutih will be one of 6 drive through restaurants within one mile of the subject property along Rt 120 6. Necessary for Use of Pi_operty The granting of a variance is necessary not because it will increase the applicant's economic 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. FORM D Page 2 of 3 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 fact that the narking field for this Starbucks will be less than 7% short of meeting zoning requirements will be completely invisibile to anyone without being told and appear to be consistent with the neighboring properties and the existing conditions on site 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. 9. Minimum Variance Re aired The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. We maximized the amount of narking that would fit within the existing conditions and we came up 2 maces short. Due to the footpript of the existin building and parking lot no more spaces could be added to FORM D Page 3 of 3 FORM C File Number7. - y CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 o Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your re ig lest 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. The proposed site plan utilizes the existing curb cut and is designed to maximize haffic from eastbound Route 120. Its design utilitzes Starbucks Coffee national expertise for planning of optimal drive through stacking placement of menu boards and pickup window to ensure maximum efficiency and minimal congestion. There are 6 car stacking contained within the drive through lane and potential overflow stacking of more than 10 additional cars before there is any chance of drive through traffic backing up onto the public right of way, 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. A drive-thm•ueh coffee restaurant is in kee�g with the current C 5 zoning Although We will be mstalhne a new exterior grease interceptor there will be no cooking beyond a microwave done on site Environmentally, it Will be less intense than its current use 3. NeiQhbmfiood Character The proposed use Will fit harmoniously With the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use Will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. A free standing drive -through restaurant is very much in keeping with the sh•eetscape of West Elm Street There are several similar uses within a 1 mile stretch inchrdin McDonalds Pizza Hut Bunker Kin KFC, Dunkin Donuts Taco Bell and IHOP many of which have drive through service FORtv1 C Page 1 of 2 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 project will make use of existing utility connections all of which are already on site The propsed 4 sewer is commensurate with the existing sanitary sewer service and the proposed 2 water service is in keeping with the needs of any food user, 5. Public Safetv and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The property once finished will be operated and maintained jn accordance with a first class Munn ant and/or shopping center facility, 6. Other• Factors The proposed use is in hannony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The south side of Rt 120 is the "Mornin side" of the street and is ideal for accessin eastbound traffic which will be heaviest before 10:00 am when Starbucks Coffee does over 70% of its business. Additionally, it's an ideal compliment to the other "Daily needs" retail users located in the immediate area including grocers, banks and reshrarants vnrvi � Page 2 of 2 David Schwartz From: mcgehris@gehrislaw.com Sent: Tuesday, February 13, 2018 9:55 AM To: 'Jack Minero';'Ed Burley' Cc: David Schwartz; 4305 W. Elm Street Subject: RE: Twisted Burger On behalf of the seller, Edward Burley, I am authorizing the contract purchasers of 4305 West Elm Street in McHenry, Cornersite, LLC, to submit the application for a zoning variance at this location. If you require any further information, please contact me. Sincerely, Michelle C. Gehris %,%,LIFjAAA GEHRIS & ASSOCIATES,,,( ATTOUNVYS AT LAW 820 E. Terra Cotta Avenue, Unit 203 Crystal Lake, IL 60014 Phone: (815)893-0020 Fax: (815) 893-6957 DISCLAIMER: This conununication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly forbidden. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. This communication does not forth any contractual obligation on behalf of the sender or Gehris & Associates, LLC. We would love to hear from you! Please send us your feedback by clicking on the links below: � Avvo c, .gig From: Jack Minero [mailto:jminero@starckre.com] Sent: Monday, February 12, 2018 5:07 PM To: Ed Burley <juneluscavich@hotmail.com>; Michelle C. Gehris <mcgehris@gehrislaw.com> Cc: Schwartz@cornersitellc.com Subject: Fwd: Twisted Burger FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-923 333 Sou[h Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Pax: (815) 363-2173 1. Name of Applicant Cornersite. LLC Tel 847-230-1344 Address 3190 Doolittle Dr Fax 847-753-6605 City Nortlibrook, IL State IL Zip 60035 2. Name of Property Owner Ed Burley Tel 815-893-0020 (If other than Applicant) Address 2572 Achilles Lane, Crystal Lake, IL 60014 Fax City Civstal Lake _State IL Zip 60035 3. Nauie of Engineer (If represented) Address City State_ Zip 4. Name of Attorney (If re presented) Address 5. Common Address or Location of Propeiiy 4305 W. Elm, Mche�r , IL 6. Requested Actions) (check all that apply) _Zoning Map Amendment (Rezoning) X Conditional Use Permit X Zoning Variance _Other Zoning Variance —Minor Zoning Test Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORMA Page I of 3 7. Current Use of Property Twisted Burger Restaurant 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-5 Zoning, including ORD-03-11G6 CUP to allow service of alcohol in conjunction with a restaurant and ORD-10-1515 Revised CUP to allow addition of limited live indoor entertainment (Karaoke) during weekend business hours 9. Current Zoning Classification and Land Use of Adjoining Properties Na'th: South: East: West: 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) $ X 2. Narrative Description of Request X 3, FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application X 5, FORMC— ConditionalUseApplication X 6, FORM D—Zoning Variance Application 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent fi•om Property Owner FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner o• 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 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, t�pplicant 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 Applicants) David Schwartz Manager FORMA Page 3 of 3 g�0o a m e wx _ =a=''€ z e m zs S A Yung :5 Own w 1 � 11 fmzo� or wo =gip€ffioz°�oWT 3� 3If - J� 6uq o E_ NE 3 a 3 sag g¢3ga-• , _ �' �'• �g °Mg°p a a$>o o Q $g a oaado t Y �9i�NN Di'seaW '3..90.CZ900N '!�_\ �d�; £ }GAII 4 VIVA e^0009a� >_ %p�= g� i lass CIS � I 0 im �eLL=zoo •-a �W° v,� % �•'.'�i', 8 £ £Y •sb lb M EN Z`JHc So XWU6 �. `s z I. j YwobQLLgB oo €8T$z ° _ ° �^ o W A WOZJo Y of _ mm € '. ,.43°&°z - p € 3 N. $., s, \ ?�, a. . s 3 ;a€ o`�a .^,r. $4^'L£;1 =gas A M2 o =€v'' Q g6 Z3 ° notl° o @ ` : �t, l �� e34-I^��•,4 3a beS = u Mau � a 9m �� t �� {, fossil all fib.-86 e0F �° d A. //� _ :.f 't,; s jas6:,- `_e a9:6 Q s S&_jS ��j „sy�= e3 f �n 6@ T .� a gg I x i .Ic sl x NI €a� s.l?` au aW� =gel gHea ,Qry z<34 tn\ o Vl Il.�c�l- 3 _a�wa _no &S°s5 ` 8 �3F '� gig ^£1 Wix 8 U) BURL �a § �^ soo p �e oLL m y. 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ELM STREET MCHENRYI IL CH117-0027-00 CONCEPTUAL DESIGN 02,07,2018 Wt�RE M�LCON�I� architecture I planning I interiors I branding civil Cornersite, LLC SIiE BUILDING co Conceptual Site Plan 4305 W ELM MCHENRY, IL VICINITY MAP: NTS WARE Mt1LCOMB o2'.'0� Zo °8 5H1LT KFV Nf1TFS ONEW HORIZONTAL SIDING A. FINISH TO MATCH COLOR AND PATTERN SHOWN ONEW HORIZONTAL SIDING Be FINISH TO MATCH COLOR AND PATTERN SHOWN OEXISTING FASCIA BOARDS TO BE PAINTED COLOR 1 O4 NEW DRIVE —THROUGH ADDITION WITH OPERABLE WINDOW \ ell ell `e I_ ONEW STACKED STONE VENEER TO MATCH PATTERN AND COLOR SHOWN O6 NEW EIFS FINISH SYSTEM TO BE PAINTED COLOR 2 ONEW MULLION FINISH TO MATCH COLOR SHOWN. EXISTING GLASS TO REMAIN O$ NEW SIGNAGE TO FOLLOW STARBUCKS SIGNAGE GUIDELINES FvForinr Parc nnrtiva NEW SHINGLE ROOFING WITH FINISH TO O9 MATCH COLOR SHOWN. ALT. KEEP EXISTING SHINGLE ROOFING 10 OPTIONAL LANDSCAPING IMPROVEMENTS I Cornersite, LLC 4305WELM Wf1.RE Mt�LCOMB o2110 OZ2o O$ MCHENRY, IL Exterior Perspective Cornersite, M�ILCOMB Exterior Elevation West SCHEME 2 Cornersite, LLC Exterior Elevation East