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HomeMy WebLinkAboutPacket - 05/16/2018 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE DATE: Wednesday, May 16, 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. Pledae of Alleeiance 3. Roll Call 4. Public Input -(five minutes total on non -agenda items only) S. Consideration of Approval of Meetin¢ Minutes: • April 11, 2018 Regular Meeting 6. Z-929 Public Hearin¢ —Variance to exceed maximum permissible setback and Variance to exceed maximum cumulative square footage for all accessory structures/buildings on the subject property. Applicant: John Koch, 1706 Beach, McHenry, IL 60050. Requested Actions: Variance to exceed maximum permissible setback and Variance to exceed maximum cumulative square footage for all accessory structures/buildings on the subject property. Location of Subject Propertv: The subject property is located at 1706 Beach, McHenry, IL. 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. Z-930 Public Hearing — Variance from Article V. Commercial Districts, Table 6: Commercial District Requirements, to allow a reduction in the required front yard building setback requirement, from 30' to 14' to allow the expansion of an existing retail grocery store and construction of a 2,947 square -foot addition to the existing building on the subject property. Applicant: Aldi, Inc., 1200 N. Kirk Rd, Batavia, IL 60510. Requested Actions: Variance from Article V. Commercial Districts, Table 6: Commercial District Requirements, to allow a reduction in the required front yard building setback requirement, from 30' to 14' to allow the expansion of an existing retail grocery store and construction of a 2,947 square -foot addition to the existing building. Location of Subiect Property: Subject property is located at 2226 N. Richmond Rd. 8. Staff Report: The June 20, 2018 Regular Meeting has been cancelled and a Special Meeting is scheduled on June 13, 2018. 9. 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 April 11, 2018 Chairman Strach called the April 11, 2018 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Absent none. Also in attendance were: Director of Economic Development Martin, City Attorney McArdle, Economic Development Coordinator Wolf and Economic Development Assistant Conaway, Chairman Strach opened the public portion of the meeting at 7:37 p.m. Frank Serpico, 5608 Chesapeake Dr., McHenry stated that he observed there were 19 gaming establishments within a half mile of the Metra station. Mr. Serpico inquired about the property east of Happy Jacks restaurant on Elm Street requesting someone address the multi -family violation that is evident there, in his opinion. Chairman Strach closed the public comment portion of the meeting at 7:43 p.m. Approval of Minutes Director Martin stated that there is a correction to the March 7, 2018 and April 4, 2018 minutes, Commission Bromley needs to be stricken and Commissioner Walsh be added. Motion by Walsh seconded by Doherty to approve the March 7, 2018 Special Meeting minutes of the Planning and Zoning Commission Meeting as amended: Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Miller, Absent: None. Motion carried 6-0. Planning & Zoning Commission April 11, 2018 Page 2 Motion by Walsh seconded by Doherty to approve the March 14, 2018 Regular Meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Meyer, Strach, and Walsh. Voting Nay: None. Not Voting: None, Abstaining: Miller, Sobotta, and Thacker. Absent: None. Motion carried 4 0. Motion by Walsh seconded by Doherty to approve the April 4, 2018 Special Meeting minutes of the Planning and Zoning Commission Meeting as amended: Voting Aye: Doherty, Meyer, Sobotta, Strach, and Walsh. Voting Nay: None. Not Voting: None, Abstaining: Miller, Thacker. Absent: None. Motion carried 5-0. Public Hearing: JEDCO Investments, LLC (Jexal's) File No. Z-927 1260 Green Street Conditional Use Permit for an Expanded Site Plan Review in Accordance with the Downtown Overlay District to Allow a Restaurant, Bar, Outdoor Seating with Alcohol and Food Service, Live Music and Entertainment Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No. Z-927 an application for a Conditional Use Permit for an expanded site plan review in accordance with the downtown overlay district to allow a restaurant, bar, outdoor seating with alcohol and food service, live music and entertainment for the property located at 1260 Green Street, Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 27, 2018. Notices were mailed to all abutting property Planning & Zoning Commission April 11, 2018 Page 3 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 Mike Dumelle, JEDCO, 11624 Barberry Lane, Huntley, IL, Charles Bennet, DBJ Architect, 3521 Wintergreen Terrace, Algonquin, IL, and Joel Lopez, 817 Melrose Rd, McHenry, IL who were sworn in by Chairman Strach. Mr. Dumelle stated that they are here to get approval for a permit to open a restaurant (Jexal's) that will allow for alcohol service in conjunction with a restaurant and to have live entertainment at 1260 N. Green Street. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is desirous of constructing a 4,700 square -foot restaurant with bar, outdoor seating with alcohol and food service, live music and entertainment. Director Martin stated that Downtown Revitalization has been a priority for the City for numerous years and many actions have been taken to assist with this effort. Director Martin stated that the Downtown Overlay District the City of McHenry established seeks to give the property owners additional opportunities to improve their properties or conversely to redevelop their property. He stated that the overlay district does include guidelines, requirements, procedures and criteria that are required in order to deviate from the zoning ordinance, outlined in the Downtown Design Guidelines, Director Martin stated that there are two processes for review established in the DOD Ordinance and the administrative site plan review includes all applications that comply with the provisions in the zoning ordinance (a normal building permit application); however, the applicant is required to meet the criteria for review in the overlay district ordinance. All applications for expanded site plan review are required to obtain a conditional use permit and follow the conditional use permit process in the City's Zoning Ordinance. Director Martin stated that the subject property is zoned C-4 therefore, there are no building setback requirements or off-street parking required; however the Planning & Zoning Commission April 11, 2018 Page 4 applicant is proposing the following deviations from other regulations in the zoning ordinance: • Outdoor seating, entertainment, and service of food and alcohol outside. Director Martin stated that the proposed use is consistent with the City's Core Downtown Sub -Area Plan and goals for downtown revitalization. He further stated that the applicant will also complete fagade enhancements to the building consistent with the Downtown Design Guideline when constructing the building and making it reminiscent of an old-time neighborhood restaurant. Director Martin opined that the use is compatible and complimentary to neighboring businesses and that the addition of another restaurant that is very architecturally pleasing with a downtown neighborhood type feel will only enhance and maximize the use of the downtown and pedestrian atmosphere. Director of Economic Development stated Staff Recommends Approval of a Conditional Use Permit for an expanded site plan review in accordance with the downtown overlay district to allow a restaurant, bar, outdoor seating with alcohol and food service, live music and entertainment to develop on the subject property in substantial conformance with the site plan submitted subject to the conditions as presented; and Staff finds the application is in conformance with the purpose and intent, goals, and criteria for review in the DOD Ordinance. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer inquired the type of entertainment planned. Mr. Dumelle stated similar to the Village Squire, one or two people utilizing a sound system. Mr. Dumelle stated that Jexal's would get the required permits from the City of McHenry for holiday events. Commissioner Doherty asked the location of the entertainment. Mr. Dumelle stated that there would be indoor and outdoor areas with flexibility of placement and further stated that Jexal's would be mindful of the music volume for pedestrians walking along Green Street. Commissioner Doherty asked if the entertainment would be in the walkway. Mr. Bennett stated that the existing cafe plan is completely on Jexal's property, not on the sidewalk. Mr. Dumelle stated that the new building would be set back further than previous buildings on that Planning & Zoning Commission April 11, 2018 Page 5 site. Mr. Bennet stated that Jexal's would utilize masonry and fencing to create ambiance for the exterior. Mr. Dumelle stated the goal is to fit in with the Riverwalk and stated that safety of customers and their children is important. He opined that the fenced area would allow crowd control at Jexal's. Mr. Dumelle opined that the design blends in with Neumann Park and the Riverwalk Gazebo. Commission Miller inquired about employee parking. Mr. Dumelle stated there would be a maximum of 18-20 employees per shift. Mr. Lopez confirmed and stated there would be three dedicated delivery car spaces at the rear of the building. Mr. Dumelle stated the parking is precious on Green Street but stated he has a good relationship with the neighboring businesses for shared parking. Mr. Dumelle stated that he has been considering VIP Valet parking to offer a better experience to his customers. Commissioner Doherty inquired about the 9 a.m. gaming start time on the application. Mr. Dumelle stated this in their business plan and further stated that they took great lengths to separate the dining from the gaming area. Commissioner Meyer inquired if there was roof top seating. Mr. Bennet stated there would not be rooftop seating and further stated that the railing on the top of the building is for equipment screening. Chairman Strach opened the public portion of the meeting at 7:49 p.m. There was no one in attendance that wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Motion by Commissioner Meyer seconded by Miller to recommend to the City Council with regard to File No. Z-927, an application for a Conditional use Permit for an expanded site plan review in accordance with the downtown overlay district to allow a restaurant, bar, outdoor seating with alcohol and food service, live music and entertainment to develop on the subject property in substantial conformance with the site plan submitted on the property located at 1260 Green St, McHenry, IL 60050 as presented by applicant JEDCO, LLC, subject to the following conditions, as presented: Planning & Zoning Commission April 11, 2018 Page 6 1. Applicant must comply with all regulations of the McHenry County Health Department; 2. Property must be developed in substantial conformance with the site plan and building elevations prepared by CBJ Architects Professional Corporation dated 3/9/18 consisting of four sheets; 3. No outside entertainment is permitted after 10:00 pm Monday through Thursday nights, or after 11:00 pm Friday through Sunday nights; 4. A decorative -style fencing or enclosure shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing which is more than 50% opacity; 5. The applicant shall comply with the Downtown Design Guidelines utilizing and enhancing original building elements; 6. In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing and moving signs is prohibited. Staff finds the application is in conformance with the purpose and intent, goals, and criteria for review in the DOD Ordinance, Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None, Abstaining: None, Absent: None. Motion carried 7-0 Chairman Strach closed the Public Hearing regarding File No. Z-927 at 7:51 p.m. Public Hearing: Speedway, LLC File No. Z 926 NW Corner of IL Route 120 and Ringwood Road Annexation, Conditional Use Permit, and Variances Chairman Strach called the Public Hearing to order at 7:54 p.m. regarding File No Z-926 an application for Annexation, Condition Use Permit and Variances for the Planning & Zoning Commission April 11, 2018 Page 7 property located at the NW Corner of IL Route 120 and Ringwood Road excluding about three acres of the northern half of the parcel. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 27, 2018. 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 Frank Petrich and Chris Kalischefski, of both WT Group, 2675 Pratum Ave, Hoffman Estates, IL 60192, and Robert Schroedter, Speedway, LLC 8200 — 185t' St, Tinley Park, IL, who were sworn in by Chairman Strach. Mr. Kalischefski presented the details for a project for IL Route 120 and Ringwood Road stating that the site is 7.59 acres and that Speedway is developing less than fifty percent of the property. Mr. Kalischefski stated that there would be a berm to separate from the residential area, at the top one hundred and fifty feet of the property. He further stated that the berm would be 5-6 feet high on one side and 10-12 feet on other side, there would be landscaping, removal of existing storage building and garage, and they would leave the mature trees. Mr. Kalischefski opined that there will be a nice buffer and added that there would be additional green space lining the detention and wetland area. . Mr. Kalischefski stated they are not asking for a setback variance and stated that they are using less area ratio than allowed. Mr. Kalischefski stated that Speedway has developed many gas stations and that in Belvedere they added a cross walk when it was requested. Mr. Kalischefski stated that the site is highly landscaped. He further stated that Speedway is asking for a variance to exclude landscaping around the building and to exclude an island. Mr. Kalischefski stated the nature of business is to walk into the building. Mr. Kalischefski opined that it is arduous for the customers to have to walk around the trees and landscaping in front of the building and Speedway is asking to relocate the landscaping not eliminate it. Mr. Kalischefski opined there are special circumstances for customer convenience. He further opined that the landscaping variance request makes for a more aesthetically pleasing plan. Mr. Kalischefski stated that the request for a conditional use permit is required so that the building would be, as close to IL Route 120 and as far from, the residents as possible and they would like to annex into the City to make the property a functioning tax producing property. Mr. Kalischefski stated that there are separate entrances for autos and trucks for safety. He opined that mainly travelers, Planning & Zoning Commission April 11, 2018 Page 8 landscape, and gravel trucks would utilize the truck lanes. Mr. Kalischefski stated that there are no truck stop amenities such as showers and/or overnight parking. Mr. Kalischefski stated the traffic study shows that trucks would not be going back into the nearby neighborhood. Mr. Kalischefski opined that the retention pond would be overly sufficient for the water run-off and the yard lighting would be LED lights controlled by sensors. Mr. Kalischefski stated that the building is a masonry structure, which he opines is a statement of Speedway's commitment. He stated that Speedway raises funds for local charities including Children's Miracle Network/Lurie's Children's Hospital. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicants are proposing to construct a Fueling center, which will include 16 fueling positions (8 pumps) and two Commercial truck (diesel) fueling dispensing lanes. Director Martin stated that the property is currently unincorporated and the applicant will be seeking a zoning map amendment to C-2 Neighborhood Commercial upon annexation to the City. This zoning classification is consistent with the zoning to the east and south. The site is located on a major state highway and a lighted intersection. There is considerable traffic on both these roadways, and there is also considerable residential development within a five -mile radius of this intersection. A fueling center is a practical and ideal use at this location. Director Martin stated Staff supports the requested zoning map amendment. Director Martin stated that the applicant is also requesting a Conditional Use Permit to allow an automobile fueling station with a proposed three -access point. Director Martin stated the full access is proposed off Illinois Route 120; a right- in/right-out off Ringwood Road and a full access off Ringwood Road. Ringwood Road is a Class II truck route, and Route 120 is a Strategic Regional Arterial, with an average daily traffic count of 15,000 to 19,000 vehicles/day. Director Martin stated that HRGreen reviewed the submitted traffic study and that they concurred with the study. Director Martin stated that additionally, the fueling center would not adversely impact Parkland School, even at its busiest times, during arrival and dismissal times. An eastbound left-hand turn lane is required on Route 120 and can be accommodated within the existing right -way. Director Martin stated that Planning & Zoning Commission April 11, 2018 Page 9 documents were forwarded to District 15 for consideration. Director Martin opined that LED lighting is very concentrated unlike older lighting methods which might be used. Director Martin stated that after reviewing the approval criteria set forth in Table 31 of the zoning ordinance for conditional uses as related to the fueling station, staff believes the applicant has done several things to mitigate any potential adverse impacts to adjacent property owners, particularly to the residential to the north including: • LED lighting will be utilized to direct light directly to the source it is intended to serve and eliminates and/or vastly reduces glare; • A landscape buffer along the north property line will be installed and is required by landscaping and berm. The City's Forester will review the landscape plan to ensure compliance and plantings; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility; • Considerable landscaping is depicted around the site; • Sidewalks are required along Route 120 and Ringwood Road in accordance with the City's Municipal Code, Director Martin stated the applicant is seeking the following variances from the zoning ordinance: • Variance for an automobile service station to be located within 600 feet of any other service station • Variance to allow 25 parking stalls in the front of the c-store without a parking island; • Variance to allow for no landscaping around the building foundation; • Variance for a larger driveway width along Ringwood Road for the truck exit. Director Martin stated there is no guideline or definitive provision stating where the minimum spacing requirement between service stations is measured to/from. Staff does not believe this variance is necessary. The property to the east is vacant and abandoned. There are no fueling tanks in the ground; therefore, it is not an active service/fueling station. Planning & Zoning Commission April 11, 2018 Page 10 Director Martin stated the applicant is requesting a variance from the maximum driveway width of 36 feet to an approximately 85-foot width to allow trucks to safely navigate the site and exit Ringwood Road. Staff supports this variance and completely understands this request due to space and the width of the larger vehicles. This variance is appropriate for the proposed use and will not adversely impact adjacent land uses. Director Martin stated the applicant is requesting a variance to allow 25 parking stalls in the front of the convenience store without a parking lot landscape island. The zoning ordinance requires a parking lot landscape island every 15 spaces; therefore, the applicant would be required to place a parking lot island in front of the convenience store. The applicant states it is more efficient to plow their lot in the winter without a parking lot island in the middle of the row. While staff does understand, the applicant's sentiment staff does not believe it is justification for approval of a zoning variance nor justification for not meeting the criteria for approval in Table 32 of the zoning ordinance. Therefore, staff does not support this variance request. Director Martin stated the applicant is also requesting a variance from the building foundation landscaping requirements due to it being a possible tripping hazard or a wasteland and making it easier for Speedway employees to clean. While staff agrees with some of these comments staff cannot support this variance request either due to the criteria set forth in Table 32 and the fact the requirements set forth in Table 32 are not appropriately met. Director Martin opined that the variance criteria has not been met to justify a variance for no landscaping and parking island stating he does not see a hardship. Director Martin stated that he received communication in the form of a letter of opposition from Mr. James Rex that was forwarded to the commission and the applicant. Staff believes this is a good project for this part of town. Director of Economic Development stated Staff Recommends Approval of Annexation into the City of McHenry and Zoning Map Amendment to C2 Neighborhood Commercial upon annexation to the City of McHenry, Conditional Planning & Zoning Commission April 11, 2018 Page it Use Permit to allow an Automobile Fueling Station and a Variance for a Larger Driveway Width Along Ringwood Road for the Truck Exit to develop on the subject property in substantial conformance with the site plan submitted subject to the conditions as presented and Staff finds that the requirements in Tables 31 (Conditional Use Permit) have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer stated that he concurs with the developer regarding the landscaping and asked Director Martin why an island is necessary. Director Martin stated that the criteria has not been met according to the ordinance. Attorney McArdle reiterated the technicality of the issue and stated that this procedural issue could be addressed within the annexation agreement. Chairman Strach stated that Table 32 lists the requirements to be considered for the request and a motion could be made for approval if a commissioner wishes to do that. Commissioner Thacker inquired where the larger trucks would park in the event they entered the store. Mr. Kalischefski stated that there is an area for trucks to pull forward. Commissioner Strach asked about the time for fueling the larger trucks. Mr. Schroedter stated the large tanks take longer to fill and opined that there would be time to enter the store while the truck behind refuels. Commissioner Miller asked for confirmation for perimeter lighting. Mr. Kalischefski stated that there would be nearly 500 feet between the residents and the lighting and further stated that there would be three layers in between the residents and the lights including lights, trees, grass berm and mature trees stating that the lights would be forward/down facing away from the residents. Commissioner Miller stated that she concurs with Commissioner Meyer's comment in regards to the landscaping and parking island variance request. Commissioner Miller further stated that she would like to see the variance worked on because she opined that Speedway's landscaping plan appears attractive. She further opined that some islands within the City are not maintained very well. Planning & Zoning Commission April 11, 2018 Page 12 Commissioner Sobotta inquired how many employees are present per shift. Mr. Schroedter stated five and further stated that employee parking would be at the furthest point on the sides of the building. Commissioner Doherty asked if there would be additional lanes added to Ringwood Road and Route 120. Mr. Kalischefski stated there would be a lane within the existing right of way and the left hand turn lane on Route 120 would be extended and that with the granting of the variance that they would not need an additional lane on Ringwood Road. Commissioner Doherty inquired about berm maintenance. Mr. Kalischefski stated they would work with the city forester to determine the type of landscape materials needing to be planted. Commissioner Doherty concurred with Commissioners Meyer and Miller in regards to the landscape and parking island variance. He stated that the Speedway in Lake Barrington has close parking and opined that it works well not to have front landscaping. Commissioner Meyer asked for verification of the elevations near Chesapeake Drive. Mr. Kalischefski stated it is twenty feet from corner to corner. Commissioner Miller inquired if Speedway intended to sell the three acres to north. Mr. Schroedter stated there were no definite plans yet but opined it could be sold in the future. Chairman Strach opened the floor to questions and comments from the audience. James Rex, 5606 Chesapeake Drive, thanked Commissioner Meyer for mentioning the Chesapeake neighborhood. Mr. Rex read his letter of opposition, which was presented to Mr. Strach and the commissioners prior to the meeting. Mr. Rex inquired if Speedway plans to add gaming. Mr. Serpico stated that large truck traffic near Parkland School is unacceptable. Ms. Judy Walter, 5618 Chesapeake Drive, stated her biggest concern is for the school. She inquired about the current road construction on Ringwood Road. Director Martin stated that it was a resurfacing project. Ms. Walter inquired about the prospect of the berm property being sold. Director Martin stated that when this project goes before the City Council that would need to be addressed in the annexation agreement. Ms. Walter stated that she would like to concur with Mr. Planning & Zoning Commission April 11, 2018 Page 13 Rex statement and inquired if there would be any more public meetings. Director Martin stated the next step is the City Council meeting. Ms. Walter stated her opposition to Speedway being open 24/7. She stated that she was not opposed to the plan at first but is now concerned because of the size of the project. She also stated her concern about the request for an eighty -foot sign. Director Martin stated that the sign variance would be considered by City Council. Ms. Walter inquired about city regulation of liquor and cigarettes in relation to a school. Mr. Martin stated the city municipal code is one hundred feet distance from a school for alcoholic beverages and that there is no code for cigarettes. Ms. Judy Walter opined that the berm is not enough to protect the residents and suggested taller trees or a fence on the berm. Ms. Walter inquired why there are two driveways on Ringwood Road. Mr. Kalischefski stated that one is for truck traffic only and the other is for automobiles further stating the intent is to keep truck and auto traffic separate. Mr. John Wsol, 5604 Chesapeake Drive, opined that the project is a truck stop and it would be a place for motorcycles to congregate. Mr. John Wsol further stated he had concern for gas spills and fumes and for the trash that would accumulate. He stated that he did not understand why Speedway chose this spot with so many other places available in the City. Chairman Strach closed the public comment portion of the hearing at 9:12 p.m. Chairman Strach asked if there were additional questions from the commissioners. Commissioner Miller asked Attorney McArdle if she could ask attendees a question. Attorney McArdle stated she could. Commissioner Miller asked if the presentation changed the opinions of anyone in attendance in relation to concerns of setbacks, berm, preservation, and water detention areas. Mr. James Rex responded that he is still bothered by the expanse of vacant land between the protected berm and his land and the possibility of future expansion. Mr. John Wsol stated quality of life is still a major concern. He further stated that they would prefer a normal business with normal hours not the noise and smell of diesel fuel. Mr. Wsol stated that Lake In The Hills and Lake Barrington do not have truck stops and inquired why the decision was made to erect one in McHenry. Mr. Wsol is asking for denial of the variance. Planning & Zoning Commission April 11, 2018 Page 14 Commissioner Doherty inquired if there were any modifications that could be done to the berm. Mr. Kalischefski stated that they will be working with the city forester and that they would consider modifications. Chairman Strach stated that an amended motion could be made in regards to the Staff denial. Commissioner Meyer asked for clarification. Chairman Strach stated that the PZ Commission is a recommending body for the City Council. Attorney McArdle clarified the process for the commission. Discussion ensued. Motion by Meyer seconded by Walsh, to recommend to the City Council with regard to File No. Z-926, as presented by applicant Speedway, LLC: Chairman Strach asked the commissioners for additional comments or commissioners before the vote. Commissioner Miller stated that she would like the city council during the annexation agreement to readdress the berm screening to maximum the buffer to be the best for the residents. Approval of a Zoning Map Amending to C-2 Neighborhood Commercial upon annexation to the City of McHenry. Staff finds the requirements set forth in Table 33 have been met. Approval of the Conditional Use Permit to allow an automobile fueling station subject to the following conditions: • The project is developed in accordance with the Improvement Plans prepared by W-T dated 1/25/18 with a latest revision date of 2/16/18 and consisting of two pages, Landscape Plans prepared by Corporate Design + Development Group, LLC. dated 3/16/18 consisting of three pages; • Sidewalks shall be installed along Illinois Route 120 and Ringwood Road along the entire frontage of the property; • The existing barn, garage and gravel driveway shall be razed when the site work commences; • The applicant shall enter into an annexation agreement with the City of McHenry, at which time the existing on site signs and billboard will be addressed as well as the area the City is looking for to site a future booster pump along the west side of the property; Planning & Zoning Commission April 11, 2018 Page 15 • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility; • As much of the natural vegetation as practicable be maintained along the northern property line and western lines; And Staff finds the requirements set on in Table 31 have been met. Approval of a Variance for a wider driveway width along Ringwood Road for the truck exit, approximately 85 feet from 36 feet. Approval of a Variance to eliminate the landscaping requirement around the building foundation. Approval of a Variance to allow 25 parking stalls in the front of the convenience store without a parking island. Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None, Absent: None. Motion carried 7-0 with comments. Commissioner Miller stated that when the case is heard by city council and in the annexation agreement she would like city council to readdress the berm size and consider an increase in the berm to buffer the residents. Commissioner Sobotta concurred with Commissioner Miller's comments. Commissioner Thacker concurred with Commissioner Miller's comments. Chairman Strach closed the Public Hearing regarding File No. Z-926 at 9:24 p.m. Planning & Zoning Commission April 11, 2018 Page 16 Public Hearing: Speedway, LLC File No. Z-928 SE corner of IL Route 31 and Dayton Street Zoning Map Amendment, Conditional Use Permit and Variances Chairman Strach called the Public Hearing to order at 9:25 p.m. regarding File No Z-928 an application for a Zoning Map Amendment, Conditional Use Permit and Variances for the property located at the SE Corner of IL Route 31 and Dayton Street. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 27, 2018. 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 Christian Kalichefski and Frank Petrich, both of WT Group, 2675 Pratum Ave, Hoffman Estates, IL 60192, who were sworn in by Chairman Strach. Mr. Petrich stated that Speedway is requesting rezoning of the 4.85 acres of property on the Southeast corner of IL Route 31 and from Industrial 1 to C5- Commercial Highway. He stated that they would like to connect with Albany Street, which he opined would benefit the entire industrial park. Mr. Petrich stated they are requesting a conditional use permit for a gas station and stated that Speedway is asking for a variance to widen the entrance for better truck access. Mr. Petrich stated that Speedway is asking for a variance to exclude landscaping around the building and to exclude a parking island. Mr. Petrich stated that Speedway has placed the site to the west side of the property because of the Route 31 future expansion. Attorney McArdle inquired about the truck traffic exiting left onto Route 31. Mr. Kalischefski stated that the desired exit would be the road connecting to Albany with an exit at the light onto Route 31. Mr. Kalischefski stated that IDOT is reviewing the plans. Discussion ensued. Chairman Strach reiterated that IDOT would make the decision on IL Route 31. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is proposing to construct a Fueling center, which will include 16 fueling positions (8 pumps) and two Commercial truck (diesel) fueling dispensing lanes. Planning & Zoning Commission April 11, 2018 Page 17 Director Martin stated the Subject Property is currently zoned industrial, has been for numerous years, and has gone undeveloped. The applicant is seeking a zoning map amendment to C-5 Highway Commercial. This zoning classification is consistent with the zoning to the west and the more intense surrounding industrial zoning adjacent to the remainder of the site. Director Martin stated the site is located on a major state highway and City industrial park roadway (Route 31) and will seek access to a lighted intersection. Director Martin stated that there is considerable traffic on Illinois Route 31, including considered truck, business and industrial traffic and many industrial parks in the area. A fueling center is a practical and ideal use at this location. Staff supports the requested zoning map amendment. Director Martin stated the applicant is requesting a Conditional Use Permitto allow an automobile fueling station with a proposed five access points. Three access points are proposed off Dayton Street; a right-in/right-out off Illinois Route 31 and a full access off Albany Street to allow vehicles to access the lighted intersection. Illinois Route 31 is a Strategic Regional Arterial with approximately 23,500 vehicles per/day. Dayton Street is a designated Class II truck route. Director Martin stated that HRGreen did look at the traffic study and concurred with it. Director Martin stated that IDOT would need to state if a deceleration lane is necessary. Director Martin stated traffic study was done and was discussed which concludes the design of the site and access points work well with the surrounding area. The study recommends roadway improvements on Dayton as well as on Illinois Route 31, and the applicant is installing a driveway to Albany. Staff believes the applicant has adequately addressed the comments in the traffic study and the conditional use permit should be recommended. Director Martin stated the applicant is seeking the following variances from the zoning ordinance: • Variance for two larger driveway widths along Dayton for a truck entrance and truck exit; • Variance to allow 16 parking stalls in the front of the convenience store without a parking lot island and to have striping instead of parking islands by the tank farms for easier circulation for the fuel tanker; Planning & Zoning Commission April 11, 2018 Page 18 • Variance to allow for no landscaping around the building foundation. Director Martin stated the applicant is requesting a variance from the maximum driveway width of 36 feet to an approximately 83-foot and 124 foot width to allow trucks to safely navigate the site and exit Dayton Street. Staff supports this variance and understands this request due to space and the width of the larger vehicles. Director Martin stated that due to traffic and radius, this variance is appropriate for the proposed use and will not adversely impact adjacent land uses. There are many heavier industrial land uses around this area which will utilize this site, and the larger radiuses are required to accommodate these trucks. Director Martin stated that the applicant is requesting a variance to allow 16 parking stalls in the front of the convenience store without a parking lot landscape island. He further stated the zoning ordinance requires a parking lot landscape island every 15 spaces; therefore, the applicant would be required to erect one parking lot island. Director Martin stated the applicant stated it is more efficient to plow their lot in the winter without a parking lot island in the middle of the row. While staff does understand the applicant's sentiment, staff does not believe it is justification for approval of a zoning variance nor justification for not meeting the criteria for approval in Table 32 of the zoning ordinance. Therefore, staff does not support this variance request. Director Martin stated the applicant is requesting a variance from the building foundation landscaping requirements due to it being a possible tripping hazard or a wasteland and makes it easier for Speedway employees to clean. While staff agrees with some of these comments staff cannot support this variance request due to the criteria set forth in Table 32 and the fact the requirements set forth in Table 32 are not appropriately met. Director Martin presented requirements in the Subdivision Control and Development Ordinance regarding this request. The applicant shows three driveways. Staff supports this variance. The applicant needs to separate the truck traffic from the passenger vehicle traffic and there is limited space to do so. Mr. Kalischefski inquired about the request for a third driveway. Discussion ensued. Director of Economic Development stated Staff Recommends Approval of a Zoning Map Amendment from I-1 Industrial to C-5 Highway Commercial, Conditional Use Planning & Zoning Commission April 11, 2018 Page 19 Permit to allow an Automobile Fueling Station and a Variance for a Larger Driveway Width Along Ringwood Road for the Truck Exit to develop on the subject property in substantial conformance with the site plan submitted subject to the conditions as presented and Staff finds that the requirements in Tables 31 (Conditional Use Permit) have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Meyer inquired if the through road would be on Speedways property and if it would be a dedicated road. Mr. Kalischefski stated it would and that Speedway would maintain the road. Discussion ensued on the roadway. Commissioner Doherty asked in the roadway would be built to city specifications. Mr. Kalischefski opined probably more than city specifications, more to IDOT specifications. Chairman Strach opened the floor to questions and comments from the audience. John Brunner, 4100 Albany Dr. asked if there was a fence between the property at 4100 Albany Drive and the driveway. Mr. Kalischefski stated there would not be a fence and further stated there was green space. Mr. Brunner thanked him for his response. Chairman Strach closed the public comment portion of the hearing at 9:47 p.m. Motion by Miller seconded by Meyer to recommend to the City Council with regard to File No. Z-928: Approval of a Zoning Map Amending to C-5 Highway Commercial from I-1 Industrial. Staff finds the requirements set forth in Table 33 have been met. Approval of the Conditional Use Permit to allow an automobile fueling station subject to the following conditions: • The project is developed in accordance with the Improvement Plans prepared by W-T dated 8/10/17 and consisting of two pages, and Landscape Plans prepared by Corporate Design + Development Group, LLC. dated 3/16/18 consisting of three pages; Planning & Zoning Commission April 11, 2018 Page 20 • Sidewalks shall be installed along Illinois Route 31 and Dayton Street along the entire frontage of the property; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility; And staff finds the requirements set forth in Table 31 have been met. Approval of a Variance for a wider driveway width along Dayton Street for the truck exit, approximately 83 and 124 feet from 36 feet. Approval of Variance from the Subdivision Control and Development Ordinance to allow three driveways off of Dayton Street as depicted on the site plan. Approval of a Variance to allow elimination of the landscaping requirement around the building foundation. Staff finds the requirements set forth in Table 32 have been met. Approval of a Variance to allow 16 parking stalls in the front of the convenience store without a parking lot island and to have striping instead of parking islands by the tank farms for easier circulation for the fuel tanker. Staff finds the requirements set forth in Table 32 have been met. Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None, Abstaining: None, Absent: None. Motion carried 7-0. Chairman Strach closed the Public Hearing regarding File No. Z-928 at 9:48 p.m. Chairman Strach stated that he received a resignation letter, effective April 12, 2018 from Commissioner Meyer. Chairman Strach thanked Commissioner Meyer for his years of service. Planning & Zoning Commission April 11, 2018 Page 21 Staff Report Director Martin thanked Commissioner Meyer for his service and congratulated him on his retirement from the Planning & Zoning Commission, Director Martin stated the next meeting might be a Special Meeting May 9, to discuss the Comprehensive Plan if it is needed. Director Martin also stated that the May 16, 2018 regularly scheduled meeting would be held at 7:30 p.m. in the Council Chambers. There are presently two cases for the May 16 meeting and it is possible the discussion of the Comprehensive Plan could just be added to this agenda. Adjournment Motion by Meyer seconded by Doherty to adjourn the meeting at 9:50 p.m. Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None, Not Voting: None, Abstaining: None, Absent: None. Motion carried 7-0. The meeting was adjourned at 9:50 p.m. Respectfully submitted, Tina Conaway, Economic Development Asst. City of McHenry [PLANNING AND ZONING COMMISSION STAFF REPORT Z-929 VARIANCE TO EXCEED MAXIMUM PERMISSIBLE SETBACK AND MAXIMUM CUMULATIVE SQUARE FOOTAGE FOR ALL ACCESSORY STRUCTURES/BUILDINGS Applicant John Koch 1706 Beach Road McHenry, IL 60050 Requested Action Variance to exceed maximum permissible setback and Variance to exceed maximum cumulative square footage for all accessory structures/buildings on the subject property. Site Information Location and Size of Property The property is located at 1706 Beach Road and consists of .41 acres Adjacent Zoning and Land Use North: RS-4, High -Density Single -Family Residential, Unimproved Driveway South: RS-4, Residential East: RS-4 Residential West: RS-4 Residential Comprehensive Plan Designation Medium Density Residential Existing Zoning and Land Use The subject property is zoned RS-4 and contains a home and a shed and is located adjacent to a City -owned property (W Beach Place). Background and Description of Request The applicant would like to construct an approximately 998 square foot detached garage off W Beach Place and needs two variances. One is to construct a detached garage in the required side yard and the other is to exceed the maximum cumulative square footage for accessary structures to 1,238 square feet (1,000 square feet permitted). Analysis The applicant is proposing to construct a 24' X 41' 6" detached garage approximately 4'6" from the side property line. The RS-4 zoning district requires a 6' side yard setback; therefore a Variance is required because the garage would be 1'6" inside the side yard setback. Additionally, the application has an existing 240 square foot shed, and the detached garage is approximately 998 square feet, which if approved, will total 1,238 square feet. This will require a variance of 238 square feet. [PLANNING AND ZONING COMMISSION STAFF REPORT Z-929 VARIANCE TO EXCEED MAXIMUM PERMISSIBLE SETBACK AND MAXIMUM CUMULATIVE SQUARE FOOTAGE FOR ALL ACCESSORY STRUCTURES/BUILDINGS Staff believes the proposed detached garage will not detract or adversely impact neighboring properties and is appropriately located on the lot. This situation is fairly unique to this property in that the City property (W Beach Place) exists and contains an unimproved driveway. Table 32, approval criteria for variances, states special circumstances that do not apply generally to other properties in the same zoning district. This situation most likely does not specifically apply to other properties in this zoning district. It may apply to one or two others, however it certainly does not apply to many. Further, the variance will not alter the local character and is consistent with the zoning ordinance and comprehensive plan. Staff Recommendation Prior to Public Hearing Approval of Variances to allow the applicant to exceed the cumulative accessory square footage requirement by 238 square foot and to allow the construction of the proposed garage in the side yard setback in accordance with the plans submitted as part of the public hearing application. Attachments: • Location Map • Application Packet May 16, 2018 99 �j u ., Ci17F Ir �. It IN • - 1 '-_— - y®� � .n� 7 ffi• FaRM n PUBLIC HEARING APPLICATION Planning and Zmting ConunissiUzi City of McHenry File Nunilrct• J L% 333 South Grccu Street � McHem'y/lL G0050 ^Tel: (8t5) 3G3-ZI70 ^tax: (SIS) 3G3.2173 I. Name ofApplicaut �r, f lK .42 / Address Z �� (. %>% ' /.r�% /,)l7 j%�l e:/lf' Fax 2. Name of Property Owner % Q r v%% r Orel 1?/S• `53-- 5/9; l (If other than Applicant) Addressf�gWc� [(�7z !�,i%�/y�OIC{�� Fax 3. Name of Engineer � l %' s Tel 77,5w (If represented) l Address ZZ44 % 5/,,4/c � ' � � L, Fax 4. Name of Attorney Tel (If represented) -- Address f Fax 5. Common Address or Location of Property 6. RcquesteA Actions) (check all that apply) Zoning Map Amendment(Rezoning) ,�Zoming Vnriancc -Minor _ Conditions[ Use Permit _ Zoning Text Amendment Zoning Variance _ Other Provide a boot descriplimi of the Requested Aclion(s). For example, the operation Ihat requires tt Conditional Use Permit, the apecitic Zmiing Varlmice mecded, m• the new zoning clnssificntion That is requested: 10 ... �lri/� Jli%i�Ul`_I� r"'l�'�`✓-�L/r=/�`��IJer>/_. /)!_ FORM A Pnee I of 3 8. Curren[ Zotring Classification of Property, Includ ng Variances or Conditional Uses 9. Cturent Zoning Classification and Land Use of Adjoining Properties North:—s'y%i7� South:'J%J� East: West ] 0. Required Attachments (check all items submitted) Please�refer to the Public Hearing Requirements Checklist to detemilne the required attachments. // 1. Application Fee (amount) 5 _ < <•a r/ Narrative Description of Request 3. FORM A— Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application ' ��5 FORM C — Conditional Use Application fib. FORM D — Zoning Variance Application 7 FORM E — Use Variance Application ,d- 8. Proof of Ownership and/or Written Consent from Properly Affidavit _(G9. 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) l/f3. Site Plan 14. Landscape Plan _15. Architectural Rendering of Building Elevations _16. Performance Standards Certification _17. Traffic Analysis _18. School Impact Analysis Owner in the Farm of an FORMA Page 2 of 3 t 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 properly or his or her agent or nominee, Annlicant 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 oc Owner is Coporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that i am aware of all code requirements of We 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 Unereafter 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. SignetureofApplicant(s) PrintName and Designaton of Applicants) 1•'Ult[vI A Page 3 of 3 FORM D File Number2� t29 ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-M0 o Fax: (815) 363-2173 Tahle 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written sidings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relat s to your rcotest 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particularto 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, 2 Circumstances Relate to Property t?niy Since a variance will affect the character of its surroundings 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. FORM D Page 1 of 3 3I 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 Hazdshio The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a more inconvenience. 5 Preserves RipJrts 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. of � 6. Necessary for Use of Prenertv The grauring 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 Aft go! Charter The granting of a vanaoce wilt not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 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. i9r4/ cart: 4.&z e27ri%r�� ��,1171 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. FORM D Page 3 of 3 PLAT OF SURVEY LOTS 19 AND 20 IN BLOCK 14 IN LAKELAND PARK UNIT NO, 21 A SUBDIVISION OF PART OF THE JORTHNESI QUARTER AND PART OF THE SOUTHWEST QUARTER OF SCgLE1 SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL �equala 2O feet MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 1211952 AS DOCUMENT NO. 260030, IN BOOK 11`�ff PLATSI PAGE 66, IN MCHENRY COUNTY, ILLINOIS, \1 — ---- Refer to abstract, title and local ordinances for additional easements and Iwiltling restrictions. No uncle all point; before building by same antl at once report any tli Pf�crence. No ndergtouit BEACH PLACE IrtP rovements have been located or shown prepared for; Dnner: Comez c/o Mr. Charles Clark Attorney at Law 70 N. Williams Street Crystal Lake, Illinois prepareU by; Conway Surveying 3319 X. Elm Street MCN my, Illinois (815) 385-2124 Survey No. 09-27-151-006 150,83 n • ; �rT. -F ricy - L T 20 aid j' J #y yj m Ir �-.1 } LOT 19 f 150.94' State of Illinois ) County of McHenry ) � I, Robert J. Conway, do hereby certify the, i FarC a .""�S r�_ surveyed the acme described propertl and tnat at .t�_'"' plat hereon drawn is a correct representation of;" - said survey. = t; McHenry, October 16, 1984 - OF Illinois Reg ered L nd Surveyor No. : J7 6 N. Beach Road, McHenry "'Illinois [PLANNING AND ZONING Z-930 FRONT YARD BUILDING Applicant Aldi Inc 1200 N Kirk Road Batavia, IL 60510 Requested Action Variance from Article V. Commercial Districts, Table 6: Commercial District Requirements, to allow a reduction in the required front yard building setback requirement, from 30'to 14'to allowthe expansion of an existing retail grocery store and construction of a 2,947 square -foot addition to the existing building. Site Information Location and Size of Property The subject property is located at 2226 N Richmond Road and sits on an approximately 8.9 acres and is part of McHenry Towne Center, a shopping center located on the east of Richmond Road, Existins Zoning and Land Use The subject property is zoned C-5, Highway Commercial District and developed with a shopping center and parking. Comprehensive Plan Designation Business Park Adjacent Zonins and Land Use North: C-5 Highway Commercial District Kohl's South: C-5, Vacant Land, Burger King East: C-5, Vacant Land West: C-5, Outlots Description of Request The applicant is seeking a 16' front yard bung setback variance, adjacent to Blake Boulevard, to construct a 2,947 square -foot addition to their existing building. Staff Analysis Aldi relocated their store to its current location several years ago and since that time has done extremely well. They are currently seeking to expand their footprint to the south by about 2,947 square feet. In order to do so, however they require a 16' front yard setback variance. The addition will be located north of the 6' sidewalk and utility relocation will be required, however there will be no adverse Impact on adjacent properties. Aldi will also be improving their fagade and upgrading the interior of their store making this is a major improvement. [PLANNING AND RICHMOND ROAD] Staff believes the proposed addition will not detract or adversely impact neighboring properties. This situation is fairly unique to this property. Table 32, approval criteria for variances, states special circumstances that do not apply generally to other properties in the same zoning district. This situation most likely does not specifically apply to other properties in this zoning district. It may apply to a few, however it certainly is not ubiquitous to all lots in the same zoning classification. Additionally, due to the minimum 30-foot setback required if a variance was not granted, it would result in an unnecessary hardship on the property owner. Further, the variance will not alter the local character and is consistent with the zoning ordinance and comprehensive plan. Staff Recommendation Prior to Public Hearing Approval of a Variance from Article V. Commercial Districts, Table 6: Commercial District Requirements, to allow a reduction in the required front yard building setback requirement, from 30'to 14'to allow the expansion of an existing retail grocery store and construction of a 2,947 square -foot addition to the existing building. Attachments • Location Map • Application Packet [PLANNING AND ZONING COMMISSION STAFF REPORT Z=930 FRONT YARD BUILDING SETBACK VARIANCE AT 2226 N RICHMOND ROAD] Location Maps: 2226 N Richmond Road JILC HUI Townsh T:. i tia Owner: Zoom to 3 Z-930 Real Estate 1200 Nonh Nirk Rd IIatavla, IL 60510 — t - April 51h, 2018 To Whom It May Concern: p; 630-II79.8100 F:630.879.8152 E: peter.thomas@aidLus Aldl Inc. is petitioning for a variance to expand our existing store by +/- 18' to the south along Blake BLVD, at 2226 N. Richmond Rd. The expansion will accommodate Aldi's growing product line as well as an Increase in fresh items. Aldi, the nation's leading low -price grocer, operates over 1,400 stores in 32 states. We take a simple, cost•effective approach to grocery shopping that fundamentally saves shoppers on their grocery bills. In fact, smart shoppers have found that switching from Rational brands to ALDI exclusive brands can save them up to 60 percent" on more than 1,300 of the most commonly purchased grocery Items. More than 30 million customers each month benefit from the ALDI streamlined approach, bringing shoppers the highest quality products at like lowest possible prices every day. The hours of operation will be Monday through Saturday 8:00 A.M. to 9:00 P.M. and on Sundays 9:00 A.M, to 8:00 P.M. We would anticipate Ihaving 12-20 employees depending on sales. Please visit our website for any additional information, www.aldi.us Sincerely, Peter Thomas Construction Manager Pile Number PUBLIC HCtARIWG APPLICATION Planning and Zoning Commission City of McHenry 333 Soullr Green Slr�e/et = MaNenry, IL G0050 = Tcl: (815) 363.2170 a Fax: (615) 3G3.2173 1. Namoof Applicant /_/�iG. Too Address /LOV il.% k ��� � ✓•ti �G Fax 2. Name of Property Owner 44, V , e� /�Gc� �� Tel other than Applicant) � � ; Address /y2a ?G�z /t o/ lM/ %.o,L SG Fax S5&Y 77 3. Namo of Engineer Tel (If represented) Address Fax 4. NameafAaomey _, (If represented) Address 5. Conunou Address oe Location 6. Requested Actions) (check nll thnt npply) _ Zoning Map Amendment (Rezoning) _X Conditional Use Permit ,E Zoning Variance Tcl 02 6 1 ' • /` • Gh n-e n� /mod _Zoning Varionco - Mittor Zoning Text Amendment Other Provide a brief description of the Requested Aclion(s). For example, the operation thnl requires e Condilimral Use Pormil, the specific Zoning Variance needed, or the new zoning classiticalion That is reeqq/ue-stteed: / / /e/n• /.S 4Z~4 ved le �Rc 'iw SG/ .4'.4 CORM A Page 1 of 3 7. Curronl_Use 8. Current Zoning Classification of Prnperty, hieluding Varinnces or Conditioaal Uses ( <Nlr7/�tt:.k�., ►) /I l�lFL,C I1.1t_ i 9. Current Zoning Classification and Land Use ofAdjoiningProperlies 1 — North: 0 gyaG i i _I fXI 11111U. n'L7�i/�• South: C- S V PI C IWT ,' P) 0 e &seOZ bL 1 o64 — East: ' �/- `� +/s1i ri n i L 1i AI1) West: C - S i 12 I I> 0 LU Ttil2 ' I: c )1 IL 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. ) 1. Application Fee (amount) S 5 0 ' em X 2. Narrative Description of Request C 7. FORM A — Public Iicaring Application _4. FORM B —Zoning Map Amendment (Rezoning) Application �5. FORM C—Conditional Use Application _ CL6. FORMD— ZoningVarianceApplication _7. FORM E— Use Variance Application X8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10, List of Owners of all Adjoining Properties X�11, Public Hearing Notice X .12, Sign (Provided by the City, to be posted by the Applicant) X 13. Site Plan _14. Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification _I7. Tralft Analysis _I8. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of interest- — The pony signing the appllcat ioil shall be considered the Applicant. The Applicant must on [no owner or trustee of record, Irust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Qpplieant is Nol Owner if the Applicant is not the owner of record of the subject properly, the application shalt disclose the legal capacity of the Applicant and the fltll name, address, slid telephone number of the owner(s). In addition, an affidavit of tiro owners(s) shall be filed with the applicalion staling that the Applicant has the authority front the ownors(s) to make the application, Qppllcent or Owner is Cotporallon or PennershiQ 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 shareholders or limited partners owning In excess of five percent of the outstanding stock or interest in file corporation or interest shared by the limited partners. Applicant or Owner is n land Tnist If the Applicant or owner Is a land trust or other trust or trustee thereof, the fill name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certificotlon 1 h¢rcby certify that I am aware of all code requirements of tha City of Mcl�euy Ihal rolata to this property and that Iho proposed use or development described in this application shall comply with at, such codes, 1 hereby request Ihal a public hearing to consider this application be held before Ih¢ Planning and Zoning Commission, anA Ihoreafici tint a rzcommenJaliVol be forived to the City Couticit for the adoption of an ordinance(s) granting the requested aetion(s), including any modifications to [his applicalion or conditlons of approval recommended by the Zoning Board of Appeals or City Council. Signature of nlleant(s) Print Nn�me dd De ignalion ofApplicenl(s) FORMA Page 3 of 3 Z-930 I O t2M D File Number ZONING VAn 114C) Fla►wing and Zoning C0111MIS5IOn City of McHeury 333 South Gteen Street McHenry,lL 60050 u Tel: (815) 363-2170 Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please resuond to each of these conditions as itrelates 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. ALDI IS &XPANDIt J MOD6Uf Aid SMF"FS NATICIOWIM TO 5 i�[£L 406 CVSTOMEILS A VARIAgGq OF 214E SI1)6 `IAM SEMAUL IS t466D£D ID ACCOMMODAIV 1US EXPANSION 2. Circumstances Relate to Properfv Only Since a variance will affect the character of its stmoundirigs 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, of soil conditions; and they do not concern any business of 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. "MIS IS AN IN" WNE SM AND "TH59.E IS A MAIN DjUy6 LSL6 IN FRONT OF 114le 'BU10114 THE oMLN MOM 10 IXPAND EWIVDILLi 15 MAP SOUT14 SIDE . FORM U Page 1 of 3 3. Not Resulting from Applicant Action Me 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_[-Iardship The strict application of the provisions of the Zoning Ordinance would result in mmecessary and undue hardship upon the applicant, as distinguished fi•om a mere inconvenience. TN6 1='[,ISTIO(a POAX) NA CANN"b�.i�V{iIEL`I SFiRYE iN6 NEbDS OF 401 i In CASTUMOUt LOT ONSTRMINTS KBVFNT 6XRgT1SI©N DI: THE EUIleDIA ff[F M T11M WAKE % FVM? D 5. Preserves Rights 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 ill the district. 6 Necessary For Use of Property 1'he 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. FRIMSTAM 2m 210n l� FORM D Page 2 of 3 71 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. ?HE ROVESTO VARIANCE WILL NL-�ME'aATIVE1Ji IMPACT '?N6 �acaL CtaA�rrcri;tz t�Nvl_ Rot�n�rrr, p�p� VA�UEs• p>z, Put3�tc aSf�sTY • IT yVll.l. 1MPtzoVB T41E S�RYtCP '1D TI.1 roa4MUNrN 8, Consistent with 7oninn Ordinance and Commehensive 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. "CHE MURTED VARIAN 1% Ct)n1SISIENT WITI; `W jbWj jA ORDINANCE AND C(> FU14ENSIVE PLAN 9. Minunum Variance Required The variance requested is the minimum requited to provide the applicant with reasonable use and enjoyment of the property. b'ORIvI D Page 3 of 3 Pleose rote that the cobs shown here are a WopWal representation to stew contrast in molesials only. Doe to the noluse of eleclrori next', colors nwy vary depend g on computer or printer aced. For review of actual colors, a moteriol somple ILoord st-Foum be created on a piolecl specifK I:osh. 21 Proposed West Elevation e�.a %1 Proposed South Elevation i�1 Proposed East Elevation � 1 Proposed North Elevation (Partial) xuF,�=e Kj Rovhions: Dote:l 0 APO ENGINEERING 8 AACHITECTURE,PLLC Yctai NY s145 ss... io �IG°QdDD � Inc. 3.yr ALDllnc. Sfore #: 23 McHenry, IL 2226 N. Richmond Road McHenry, IL 60051 1 McNenry County Project Name & Location: Exterior Elevations Drawing Name: Protect No. Date: 11/11/16 16-0435A type: V8.0 C 0 Drrnvn By: DASI CEE C SURVEY GRAPHIC SCALE ( xYEn) 105.70' FOWID WOl1 PIPE O.2Y 5.k018 W. v, FOW O M ROD 0.2W N.!O.OW GENTILE AND ASSOCIATES, INC, PROFESSIONAL LAND SURVEYORS 2 w RU Wf TOME CENTRE SOBOIN9Ctt A WMVP w w THAT PART OF T¢ S TNAST 1/4 OF TON 21 1N, R 8 EAST OF THE THJiO Mfi. E YFRItlAN, ACCDRWIO TO THE PLAT T OF` RECOROEO Ml AS OOL1wENT 1MH 2001ROI3473 MIO CERM M OF L ECTON RECORDED J Y A 2001 AS oonA¢NT muN 2001R00 7T W Uw RY c N' A & TDTM AREA IOO,ST2.29 ay 2 (230 ecru) PROPFATY CUDa7W.Y KNOYM AS 2226 N RI WWO ROAD, Wtl MRY, RIMDS 6262 P111: 09-21-152-004 I. FOIRRI WON ROD ,.. 0.VC N. ! 0.D0' SE I sfis{2•z1•E 383,65' > Wql ROD 0 N. ! 0.1Y E ROD 2RODE 3 I,. 1p 58s{rzrE 19&50' M SIOR1/ WA1FR DEIEN110N AMA Mill � � I 1 1 I � 1 I I 1. _ I I I SLAKE BLVD. _ IE 21,Y� EASENDT PDT DOG Ra 26��R�21Y OEIXCAlEO TO THE CITY 6 YC NENRY PER DOG N0. 2001R00111)1 FWND WON ROD 1V 9KYux Ewm1oO PLR oac x6 0.06'HE k0.11'W. r.; NDIEb`. r zw. ce D R ND-D an. = T.u.x IKAw m waup SITE BEHCIIYAWE: FOWp WON ROD AT CORNER STATE 6 A2RNMS O TY OF D0AOE S.S. WE, C2lilp£ P2V0 ASSOEIATES, RlO, HERE BEEN MADE AT AND UNDER YY WEC110N ABOVE. MID THAT THE PUT IEREON IXt/ OF SAq SURVEY. 1W5 PUT CONFORMS T PEgAREYFNTS fOR A BWNDPRY SURVEY. AD. 2018 A1Y1015 PROFESSNwAL LAND SURVEYOR NO. 2521 YY L'CENSE E%PN2E8 NOV4YTEA JD, 2018 0.IRH115 PROIESSIONAL OESiGN FlRll INENSE NG 18{.002820 GRAPHIC SCALE ,e�ea min BOUNDARY AND TOPOGRAPHIC SURVEY BY GENTILE AND ASSOCIATES, INC. 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(1.93 K) U) rn To C-5 fI IO °°" a 9= t o U= u II; r a71.471 u. ,,.., M, o I p P ow, �. :s%4nu UM a ��� P O lxpqcplAte„ - 94.01 sf. p.91 ~<, TOM Sr�s law t TO W EX TO W 1=.511a CIO er., s,,..9 � Zfo m c, rn.ao9 s, = ol_ IJ11 i111�- ,Ea lum la To � �__ __ __._ a _ __________•________��� 1129'S - -- — — — — ; —_—__ YE 5� _—.—__• nd � SLAKE BLVD. J z ococ.no 9wrAams,n J � C Qa N WFall �p5 EEET 1 a 1