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HomeMy WebLinkAboutMinutes - 10/20/2021 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes October 20, 2021 Chairwoman Rockweiler called the October 20, 2021 meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. Absent: None. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky and Economic Development Coordinator Wolf. Chairwoman Rockweiler opened the public comment portion of the meeting at 7:01 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of September 15, 2021 regular meeting minutes as presented. Motion by Walsh and seconded by Lehman for approval. Roll Call: Vote: 6-ayes: Commissioners Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nay; 1-abstained: Bremer; 0-absent. Motion Carried. Consideration of September 29, 2021 special meeting minutes as presented. Motion by Smale and seconded by Bremer for approval. Roll Call: Vote: 7-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nay; 0-abstained; 0-absent. Motion Carried. File No. Z-1002 Walter and Teresa Truszkowski Trust Use Variation and Zoning Variations for a 3-Unit Multifamily Building at 3807 Main Street Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-1002 a Use Variation and Zoning Variations for a 3-Unit Multifamily Building at the subject property, commonly known as 3807 Main Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mr. Walter Truszkowski, 5123 Carlsburg Place, Palm Harbor, FL was sworn in and stated he is trying to change his property to be allowed for a 3-unit building. That was the way he bought it and wants it to comply. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property was granted a Use Variation to allow a duplex residential building by in 1977. A potential buyer interested in the property contacted the city to confirm zoning status of the existing 3-unit multifamily residence. It was at this time staff notified the buyer that the property was only approved for a duplex and the basement unit was unlawfully established. The petitioner needs to receive approval of the Use Variation to allow the third unit to remain on the property. Staff believes the third unit has existed on the property for at least ten years. . The subject property is currently zoned RS-4 High Density Single-Family District. A multifamily residence is not permitted within the RS-4 District; however, the surrounding land use appears to also consist of nonconforming multifamily residential dwellings. Originally approved for a duplex, staff does not believe an additional dwelling unit on the site creates any adverse impacts. Planning and Zoning Commission October 20, 2021 Page 2 Overall, staff believes the proposed use of the property is in substantial conformance with the City’s Comprehensive Plan and Development Policies. The Community Development Department has been working closely with the petitioner and a walk through will be performed by a building inspector. The petitioner will be required to address all building code violations that result from the inspection. Given the longevity of the use and the minimal impact on the surrounding property owners, staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. If the Planning & Zoning Commission agrees with staff’s assessment, then two separate motions were presented and recommended. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Davis inquired as to the minimum lot area for clarification and whether the third unit was already there and there are no additional units being added. Planner Sheriff clarified. There were no questions from Commissioners Sobotta, Bremer, Walsh, Smale, or Lehman. Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:13 p.m. Commissioner Davis had no questions and stated he is satisfied there will be no safety issues. Commissioners Walsh, Smale, and Sobotta agree with Commissioner Davis. Commissioner Lehman had no concerns since it is already in existence and safe by city standards. Commissioner Bremer asked, in response to Planner Sheriff’s statement regarding cleaning up this and similar units in the area, how many other similar units are there that are nonconforming that will need to be addressed. Planner Sheriff stated there are several in the area and the City typically learns about them when a financial institution requests a zoning verification letter and that starts the process. Chairwoman Rockweiler agrees and believes the staff report was thorough. Motion by Bremer seconded by Lehman with regard to File No. Z-1002, to recommend approval of the petitioner’s request for a Use Variance to allow a 3-Unit Multifamily Building at 3807 Main Street as outlined in the Staff Report, as presented, subject to the following conditions: 1. A building permit shall be obtained within six (6) months from the date of approval by City Council to address all building code violations. 2. All other federal, state, and local laws shall be met. and by making said motion, we agree with Staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Motion by Davis seconded by Lehman with regard to File No. Z-1002, to recommend approval of the petitioner’s request for the following Zoning Variations as outlined in the Staff Report, as presented: 1. Variation to allow a minimum lot area of 8,766.72 square feet in lieu of the required 15,000 square feet. Planning and Zoning Commission October 20, 2021 Page 3 2. Variation to allow an interior side yard setback 4 feet in lieu of the required 6 feet for the existing garage. 3. Variation to allow a rear yard setback of 4 feet in lieu of the required 6.25 feet for the existing garage. 4. Any other zoning variations necessary to accommodate the existing development. and by making said motion, we agree with Staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-1002 at 7:20 p.m. File No. Z-994 Millco Investments Conditional Use Permit and Zoning Variations for a Drive-Thru Restaurant at 4104 W. Elm Street Chairwoman Rockweiler called the hearing to order at 7:21 p.m. regarding File No Z-994 a Conditional Use Permit and Zoning Variations for a Drive-Thru Restaurant at 4104 W. Elm Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. The Petitioner has requested the hearing be continued to the November 20 Planning and Zoning meeting so they can revise their plans to gain site access approval from IDOT. Chairwoman Rockweiler asked for a motion to continue the public hearing. Motion by Smale seconded by Walsh with regard to File No. Z-994, to continue the public hearing to the next regular Planning & Zoning meeting date of November 17, 2021 to accommodate the petitioner. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. File No. Z-1003 Bertram Irslinger/Bank Storage LLC A Zoning Map Amendment to the C-3 Community Commercial District, Conditional Use Permit, and Zoning Variations for a Tavern & Bar with Live Entertainment at 4502 W. Crystal Lake Road Chairwoman Rockweiler called the hearing to order at 7:25 p.m. regarding File No Z-1003 a Zoning Map Amendment to the C-3 Community Commercial District, Conditional Use Permit, and Zoning Variations for a Tavern & Bar with Live Entertainment at 4502 W. Crystal Lake Road. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Bertram Irslinger, 409 N Front St was sworn in and stated he has purchased the subject property with an interest in keeping commercial use and splitting the property into 2 parcels one for storage as it exists and one for an upscale tavern that sells cigars. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating Planning and Zoning Commission October 20, 2021 Page 4 the petitioner is proposing to convert the existing drive-thru of the former bank building into an open-air smoking cigar lounge with roll up glass doors and live entertainment. The petitioner’s application currently states he would also potentially attract a cannabis dispensary. Planner Sheriff clarified this site would not be permissible to operate as a cannabis dispensary since it is not located along a state highway. The petitioner would utilize the existing warehouse as commercial storage for his other business (Second Amendment Sports). Future land use map, current land use and zoning, comprehensive plan objectives and qualities and site plan analysis were summarized. In summary, staff believes the development is mostly consistent with the City’s Comprehensive Plan and Development Policies. Located next to office-oriented uses, staff believes the proposed Cuban themed bar would be complimentary of the adjoining properties. Staff believes the positioning and setback distance of the principal structure will mitigate any potential adverse impacts such as noise or sound. Staff did, however, present and recommend several conditions of approval as part of the proposed development. A revised site plan was presented showing compliance with parking regulations due to comments in the preliminary staff review. Planner Sheriff stated Staff requests the commission hold discussion on potentially restricting the hours of operation for the business as recommended by the Crystal Lake Road Subarea Plan. The petitioner will need to receive approval of a zoning map amendment to the C-3 Community Commercial District to accommodate the development. The future land use map recommends commercial use of the property. Staff does not object to the petitioner’s requests subject to appropriate conditions. Planner Sherriff stated if the Planning & Zoning Commission agrees with staff’s assessment then three motions are recommended, as presented in the Staff Report. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Bremer asked for clarification of the hours of operation for the business. Mr. Irslinger said hour will vary subject to weekend and weekday hours but that he will work with the city based on requirements for the residential surrounding area. Hours will most likely not be later than 11pm or midnight. He explained it is not meant to be a college bar setting but an upscale establishment. It is possible closing time could be 9 or 10 pm on weeknights. Commissioner Bremer asked if it would be the intent of the establishment to allow patrons to bring in their own wine. Mr. Irslinger stated probably not due to the fact they will be a tavern establishment and will follow all rules including not allowing alcohol to leave the premises outside of current laws. Commissioner Lehman asked if they plan on having outdoor drinking areas. Mr. Irslinger responded that a garden area that will utilize the existing drive through area and possibly an outdoor fireplace are in the plans. It will have movable garage doors to allow open air space under roof. Commissioner Lehman asked for clarification on live entertainment and whether they were looking to have a gaming license. Mr. Irslinger stated that while he did petition for live entertainment, after speaking with staff they want to clarify it would be acoustic guitar or a single lounge type singer. Mr. Irslinger stated they are not initially applying for a gaming license but may in the future. Planner Sheriff shared the revised parking plan drawing with the commissioners. Commissioners Smale and Sobotta had no questions. Commissioner Walsh asked about security cameras on the premises, whether music would be allowed inside only, the dress code, and when they planned on opening if approved. Mr. Irslinger responded he would have security cameras inside, outside, and even on the warehouse space. He had not considered a dress code but thought it might be a good idea even though it is not in the initial business plan. He explained the goal is to provide an upscale experience and they are Planning and Zoning Commission October 20, 2021 Page 5 hoping to open late Spring of 2022, subject to materials and supplies being available. He further verified that if music was allowed, outside music would not be amplified, but rather be more like background music, acoustic. Commissioner Davis asked if they are looking to have food on site or food allowed to be brought in. Mr. Irslinger stated they are still debating on food options. He is unsure if the design will be able to provide space for a safe and functional kitchen and they are still working on details. If there is food it would be finger food, tapas very light menu. Otherwise they will allow food to be brought in as recommended by a similar business they are familiar with in another state. Food will definitely be allowed in the building one way or another. Chairwoman Rockweiler asked about further landscaping and signage plans. Mr. Irslinger stated there will be no change to the structural landscape of the present area. She asked Planner Sheriff is there is more landscaping screening required due to the extra parking being added. Planner Sheriff stated yes, per city standards. Mr. Irslinger stated they have the ability to do what is required for landscaping and will comply. Regarding signage, Mr. Irslinger stated there will be minimal changes as they will take advantage of the structure of the existing road sign and a backlit logo sign on the building. Chairwoman Rockweiler stated she still had a concern regarding the live entertainment and wanted verification that most music will be indoors and a small amount outdoor. Mr. Irslinger stated music will be only in the garden space that will be usually 60% enclosed at most times and he does not expect music to be heard outside the property line. Chairwoman Rockweiler stated the Crystal Lake Road Subarea Plan suggests business close at 9 p.m. and ask if the petitioner was aware of that. Mr. Irslinger stated he was not and would want a variance on that restriction on the weekends, but he believed they could meet that closing time on weekdays. Planner Sheriff clarified hours of operation in a “plan” is a recommendation and not a requirement but should be considered by the Commissioners. Chairwoman Rockweiler asked for clarification on the optional conditions listed as a suggestion on the second motion, including regarding “pedestrian access”. Planner Sheriff clarified. Mr. Irslinger stated said their idea for access is on the plan, but they would like to add a sidewalk in the green space to the SE of the warehouse coming off the parking lot that will direct walking flow away from the main flow of the parking lot and more toward the building. Chairwoman Rockweiler invited questions and/or comments from the Public. Ms. Leonore Mersch, 721 Lillian St, McHenry was sworn in and asked for clarification on the location of this business. She voiced concern about headlights coming in windows of properties across Crystal Lake Rd. and asked if new lights will go in with more turn lanes. Planner Sheriff explained bars/taverns per square foot generate less traffic than a financial institution so there would be no changes required. Mr. Irslinger opined there could be fewer light issues than the bank had because the drive through will not be used for vehicle traffic. There were no other comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:51 p.m. Chairwoman Rockweiler summarized her biggest concern is that the Subarea Plan on Crystal Lake Rd. recommends fewer open hours and encouraged discussion from Commissioners. Planning and Zoning Commission October 20, 2021 Page 6 Commissioner Sobotta stated he believes the location is fine and doesn’t feel there will be an impact on the neighborhood. Commissioner Walsh stated this is a great use of space, a good design and unique venue. He is not concerned with music if kept low-key as mentioned. He is concerned about the open hours and asked for clarification on what is required. He believes the business being forced to close at 9:00 p.m. every day is not necessary. He asked Staff whether a structure with garage doors that can fully open is considered outdoor space or indoor space. Planner Sheriff clarified the options that could be required by the Commission regarding hours of operation and/or hours for entertainment. Planner Sheriff conferred with Director of Community Development Polerecky and they stated outdoor space with garage is treated as habitable space which is why parking was increased. It will be considered outdoor music if the garage doors are open and music is playing. Commissioner Smale said it sounds like a good idea as long as they are mindful of the neighborhood in terms of noise and lights. Commissioner Lehman is good with the applicant and believes it is a good use of the property. Has no concern on the lighting being an issue. He does not have an issue with extended hours because it is not being presented as a party bar. Commissioner Bremer had questions regarding the second motion and asked for clarification. She also asked for clarification on hours and requested input from others on any set hours to be placed or giving no restriction at all. Director Polerecky stated he is unsure but believes the closing hours for this type of establishment are 1:00 am Sun-Thurs and 2:00 a.m. on Fri/Sat. Mr. Irslinger stated he does not anticipate people being there later than 11:00 pm or midnight. Director Polerecky suggested there could be a closing restriction of Midnight on Fri/Sat and 10pm on weeknights. Mr. Irslinger stated he prefers no restrictions but will comply with what is motioned. Director Polerecky suggested possibly a motion to limit the hours of outdoor entertainment rather than hours of the establishment. Mr. Irslinger believed that to be more reasonable. Commissioner Bremer clarified she is more concerned with outside noise at all late nights, including loud conversation, than she is strictly about outdoor entertainment. Commissioner Davis agreed with all previous comments and believes lighting is addressed. He likes the idea of repurposing an existing property. He doesn’t believe restricted hours are needed for the establishment but likes a recommendation of restricting outside entertainment. Discussion ensued. Mr. Irslinger clarified the outdoor space and the indoor space are two separate areas. Concern was expressed by all to be sure to allow indoor amplified acoustic entertainment but no outdoor amplified entertainment. Discussion also ensued regarding the hours of operation especially for the outdoor space and sound violations. Chairwoman Rockweiler did have a concern on hours of the space in general. No other commissioners had a concern. Commissioner Walsh inquired if any other outdoor seating areas at other establishments in town have a restriction on the hours of operation? Planner Sheriff was unsure. Director Polerecky was unsure but stated he believed there are restrictions on live entertainment at BuddyZ and DC Cobbs outdoor areas after 10:00 p.m. Motion by Bremer seconded by Smale with regard to File No. Z-1003, to recommend approval of the petitioner’s request for a zoning map amendment from the C-2 Neighborhood Commercial Planning and Zoning Commission October 20, 2021 Page 7 District to the C-3 Community Commercial District as outlined in the staff report, as presented, and by making said motion, we agree with staff’s assessment that the approval criteria for zoning map amendments have been met as outlined in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Motion by Lehman seconded by Walsh with regard to File No. Z-1003, to recommend approval of the petitioner’s request for a Conditional Use Permit for the operation of a tavern with live entertainment on the subject property, as outlined in the staff report, as presented, subject to the following conditions, as amended from Staff Report: 1) Live entertainment shall be acoustic in nature only outdoors. When the outdoor garage doors are open in the patio area this shall be considered to be outdoors. Outdoor sound amplification devices shall be prohibited. 2) All signage lighting shall be prohibited from facing the residential area. This restriction does not apply to externally illuminated signage. 3) The development shall comply with Chapter 13: Landscaping & Screening of the City of McHenry Zoning Ordinance. 4) No additional parking lot lighting shall be added unless required by federal, state, or local law. 5) The development shall be in substantial conformance with the submitted site plan and building elevations. 6) The petitioner shall revise the site plan to include improved pedestrian access to the principal structure such as crosswalks or additional sidewalk from the northern most parking area that shall be reviewed by the Zoning Administrator. The Zoning Administrator may approve, approve with conditions, or deny the revised site plan and recommend back to the Planning & Zoning Commission. 7) Outdoor live entertainment shall be limited to ending at 10:00 p.m. 8) All other federal, state, and local laws shall be met. AND by making said motion, we agree with staff’s assessment as outlined in the staff report that the approval criteria for Conditional Uses have been met. Roll Call: Vote: 6-ayes: Bremer, Davis, Lehman, Smale, Sobotta and Walsh. 1-nays: Rockweiler, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler clarified her “No” vote was due to the fact the Crystal Lake Road Subarea Plan recommends restrictions on hours of operation. Motion by Bremer seconded by Davis with regard to File No. Z-1003, to recommend approval of the petitioner’s request for the following Zoning Variations, as amended from the Staff Report: 1. Zoning Variation to allow an interior side yard setback of 8 feet in lieu of the required 10 feet for the existing principal structure. 2. Any other Zoning Variations necessary to accommodate the proposed development. Planning and Zoning Commission October 20, 2021 Page 8 AND by making said motion, we agree with staff’s assessment as outlined in the staff report that the approval criteria for zoning variances have been met. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the public hearing regarding File No. Z-1003 at 8:45 p.m. Chairwoman Rockweiler called for a 5-minute recess. File No. Z-999 Commonwealth Development Corp. of America Use Variation and Zoning Variations for a Multifamily Building at 914 N Front Street Chairwoman Rockweiler called the hearing to order at 8:50 p.m. regarding File No Z-999 a Use Variation and Zoning Variations for a Multifamily Building at the subject property, commonly known as 914 N. Front Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Attorney Joe Gottemoller was in attendance. Tyler Sheeran, with Commonwealth Development Corp. of America, who resides in Verona WI and Ben Marshall, 1823 Brooklyn Dr., Bristol, WI were sworn in. Attorney Gottemoller stated they are requesting a use variance and zoning variations on the old McHenry roller rink site. Mr. Sheeran gave a presentation on the Commonwealth Development Front Street Housing Development that they are proposing. The Corporation was established by a Marine Corps veteran to establish affordable workforce housing. It is not Section 8 housing. An amended drawing was presented from the original presentation to City Council and that which was included in the Staff Report which includes more open green space and some underground parking. Attorney Gottemoller stated the use variance criteria is addressed with convenient transportation opportunities to Metra and the location on Route 31. Practical difficulties will be addressed due to the fire at the old roller rink and the investment opportunities being limited in this corridor. He clarified the many opportunities this development would offer to the community and fall within the criteria identified. He stated McHenry’s parking requirements are more restrictive than surrounding areas. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating due to the type of funding the applicant is using zoning and variances needs to receive approval before funding is applied for. In summary, staff believes the proposed development would have a positive impact on the local economy. Although the development is inconsistent with the Main Street Subarea Plan recommendation for entertainment/office space use, the plan does recommend multifamily land use directly west of the site. The site is also less than 500 feet away from at least two other multifamily developments in the area. Planner Sheriff asked the Commission to discuss the proposed development with a change in conditions and other trends in development in the area. Adjacent to a state highway, staff does not believe there will be any adverse impacts on the surrounding properties. Staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. Planner Sheriff stated if the Planning & Zoning Commission agrees with staff’s assessment, then two separate motions were recommended as presented and outlined in the Staff Report. Planning and Zoning Commission October 20, 2021 Page 9 Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Lehman asked for clarification in regard to traffic patterns with Route 31 road widening plans and asked if underbuilding parking in the plans will be in-ground or at grade level. Planner Sheriff stated it is really not up to the City and IDOT will make all the recommendations. Mr. Sheeran stated the parking will be fully underground. Planner Sheriff shared the amended building elevation drawings. Commissioner Walsh requested clarification on whether the police and fire department have reviewed and agree with the plans for a one in / one out entrance or if they had any concerns. Planner Sheriff stated it is a single building on a major highway so he doesn’t believe it is necessary for that input. Commissioner Walsh also asked if there are estimates on the percentage of approval and denial on the tax credit applications. Attorney Gottemoller has been involved in three other similar applications of this type and there is a scoring system used. This round of funding applications is due by end of February with decision to be made by end of May. Commissioner Davis asked for clarification on approval chances based on the due diligence done on this property location. Attorney Gottemoller stated conditions were very amenable to this location. Commissioner Bremer inquired if shrubs will be required to screen the residential area from the development. Mr. Sheeran said yes. Commissioner Bremer inquired as to statistics on how many students may enter the school districts in McHenry. Planner Sheriff does not have statistics at this time but can obtain them in the future. Commissioner Bremer stated her concern as school board president on the impact on the schools and is specifically concerned with the plans depicting twenty-five 3-bedroom units as well as the 2-bed units. After discussion, Mr. Sheeran gave a broad estimate of 50 students impacting the schools from this development. Chairwoman Rockweiler asked for clarification on the zoning of the property. Planner Sheriff clarified the zoning request applies only for this project unless someone else came in with the exact same plan. Commissioner Smale asked for clarification of the amenities proposed on the new property. Mr. Sheeran clarified the amenities expected to be provided. There were no questions from Commissioner Sobotta. Chairwoman Rockweiler invited questions and/or comments from the Public. Kevin Thimios, 4306 Ponca St was sworn in and stated Route 31 traffic is terrible and he is very concerned how this many units will cause an extreme strain on an already traffic-congested area. He does like the development, however, but not this location. Leonore Mersch, 721 Lillian Street was sworn in and stated although the location is close to stores and other businesses the traffic in the area does get extremely congested. She does think the development is a good proposal. Maureen O’Halleran 915 Center St was sworn in and asked for clarification on an article in the NW Herald on the past Thursday regarding an additional roadway being in the plans to the adjoining neighborhood. Mr. Sheeran stated that was no longer in the plans. Chairwoman Rockweiler closed the public comment portion of the hearing at 9:30 p.m. Planning and Zoning Commission October 20, 2021 Page 10 Commissioner Sobotta disagreed with Attorney Gottemoller that there are not many options in this area for other uses. He believes a professional building, bar or restaurant would be a more viable option on this property due to traffic and occupancy concerns for such a large development and suggests further discussion. He is against this type of development at this location. Commissioner Bremer asked if a traffic study has been done in the area. Planner Sheriff responded no because it is only a 50-unit development equaling 14 trips per hour and staff is not concerned with traffic due to the fact that IDOT has already scheduled this to be expanded to a 4-lane highway by 2025. He believes Commissioner Sobotta’s suggestion is valid and should be discussed. Commissioner Bremer stated there is a huge shortage of rental opportunities, but she is not sure this is the best location for traffic patterns and is also concerned about impact on schools. Commissioner Lehman likes the concept for this area but does have concerns about the traffic presently in the area. He stated he has less of a concern with the knowledge the road will be widened. He asked if a restaurant or bar in the location would eliminate any traffic impacts. Mr. Sheeran stated if funding is approved for the location construction would not be completed until late Fall of 2023. Commissioner Sobotta asked for clarification on whether this would be the largest structure in the area. Planner Sheriff could not confirm. Commissioner Smale agreed with Commissioner Lehman’s traffic concerns being met by road widening. He asked if there would be a potential for a traffic signal at the development. Planner Sheriff responded it would be up to IDOT but most likely would not constitute one being added due to its size. Commissioner Walsh thanked the petitioners for a great plan and design. However, he does not believe the location is the right fit for the development at this time. Commissioner Davis stated all present buildings in the area are a bit of an eye sore and he stated while this proposal is large, he does believe it could be a catalyst for other new buildings in the area. There are minor concerns with traffic, but road widening will alleviate some of that and the thinks it is a good opportunity for the community. He asked Staff if any other developers have looked at the property. Planner Sheriff responded a gas station that wanted video gaming. Commissioner Davis feels the traffic impact from this development might be less than peak times at a restaurant or bar. Chairwoman Rockweiler also agreed with Commissioner Davis regarding changes being needed to update the neighborhood and this project having less traffic impact than a restaurant or bar. Attorney Gottemoller stated if close transportation is not in the area (Metra) an application will not score high enough to be approved so locations for this type of housing are limited and there are not other locations available in McHenry meeting the transportation requirements. Motion by Davis seconded by Smale with regard to File No. Z-999, to recommend approval of the petitioner’s request for a Use Variation to allow a 50-unit multifamily development at 914 N Front Street, subject to the following conditions: Planning and Zoning Commission October 20, 2021 Page 11 1. The property owner shall revise the site plan to provide safe pedestrian access to Center Street Park which shall be reviewed by the Zoning Administrator. The Zoning Administrator shall approve, approve with conditions, or deny the revisions and recommend back to the Planning & Zoning Commission. 2. The property owner shall enter into a development agreement with the City of McHenry to provide improvements to the Center Street Park or a fee in lieu of providing improvements. 3. The development shall comply with Chapter 13: Landscaping and Screening of the City of McHenry Zoning Ordinance. 4. All development shall be in substantial conformance with the submitted site plan, landscape plan, and building elevations. 5. All other federal, state, and local laws shall be met. and by making said motion, we agree with staff’s assessment that the approval criteria for Use Variations have been met as outlined in the Staff Report. Roll Call: Vote: 5-ayes: Davis, Lehman, Rockweiler, Smale and Walsh. 2-nays: Bremer, Sobotta. 0-abstained, 0-absent. Motion Carried. Motion by Smale seconded by Lehman with regard to File No. Z-999, to recommend approval of the petitioner’s request for the following Zoning Variations: 1) A Zoning Variation to allow a corner side yard setback of 19’ in lieu of the required 30 feet. 2) A Zoning Variation to allow 100 parking spaces in lieu of the required 124 spaces. 3) Any other variations necessary to accommodate the proposed development subject to the condition that the development be in substantial conformance with the submitted site plan, landscape plan, and building elevations. AND by making said motion, we agree with staff’s assessment as outlined in the staff report that the approval criteria for Zoning Variances have been met. Roll Call: Vote: 5-ayes: Davis, Lehman, Rockweiler, Smale, and Walsh. 2-nays: Bremer, Sobotta. 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-999 at 9:55 p.m. File No. Z-998 Northpointe Development Corporation Preliminary Plan Approval for a Planned Multifamily Integrated Design District Development at 812 N Mill Street Chairwoman Rockweiler called the hearing to order at 9:56 p.m. regarding File No Z-998 Preliminary Plan Approval for a Planned Multifamily Integrated Design District Development at the subject property, commonly known as 812 N. Mill Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Planner Sheriff and Chairwoman Rockweiler presented letters of objection received from residents. Jake Victor 901 Hillside Dr Mundelein, Vice President of Development for Northpointe Development, and Richard Koenig, 807 Davis, Evanston were sworn in. Mr. Victor gave a Planning and Zoning Commission October 20, 2021 Page 12 presentation on the proposal for Taylor Place Apartments workforce housing and complimented the city on their community spirit. They are open to listening, generating ideas, and incorporating feedback. Mr. Keonig is Executive Director of the non-profit involved in the project and presented on community-based housing stating they work with Home of the Sparrow and Pioneer Center as well as other non-profits in the area. He is excited about the downtown location and access to Fort McHenry Park and the beauty of the area. This is a transit-oriented development (TOD) and would compliment the City’s recent housing summary. He said they have established award-winning historical transformations in their resume. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property is currently zoned Industrial and a historical site. Original and past uses were a flour mill and a brickyard. The Main Street Subarea Plan was identified, and he believes this project will preserve that goal with a mix of commercial and residential use. Cut through traffic will be unavoidable but staff is looking into adding stop signs on Crestwood Drive and are recommending a traffic study be done. It has been a challenge to find someone who will look into preserving the site as well as add residential housing. In summary, staff believes the proposed use is in substantial conformance with the objectives and goals of the City’s Comprehensive Plan and Development Policies including the Main Street Subarea Plan. Located within the historic downtown area, staff believes the proposed architectural details would blend in with the surrounding properties. Staff does not believe the proposed development would create any adverse impacts and would be a less intense use than the existing Industrial Zoning. Staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. as presented and outlined in the Staff Report. Planner Sheriff stated if the Planning & Zoning Commission agrees with staff’s assessment, the motion as presented is recommended. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Bremer inquired, using the Naperville study, if they had any idea how many students would impact the local school districts. Planner Sheriff was unable to provide that information at this time. She also wanted to confirm that no traffic study had been done on this project. Mr. Victor responded there was no traffic study done but he could say based on years of experience and similar other developments their project would bring a maximum of about 20 cars at peak hours. Commissioner Smale likes the concept and the fact they work with non-profits supporting the community. There were no questions from Commissioners Lehman, Walsh Sobotta, or Davis. Chairwoman Rockweiler invited questions and/or comments from the Public. Leonore Mersch, 721 Lillian St was sworn in and asked if the historical part of the building will remain the same or if the inside will be gutted and outside only will remain historical. Mr. Victor responded the inside will be gutted and remodeled but most of the outside facade will remain the same. She is concerned with traffic going toward Route 120 as it often gets backed up and there will be more cut-through traffic on South Street. Planning and Zoning Commission October 20, 2021 Page 13 Stephanie Greidanus, 4109 W Crystal Lake Road was sworn in and stated she owns the corner of Crystal Lake Road and Mill St. She is most concerned with safety of children on the bike path and believes the area is dangerous and it would be reckless to add more traffic and people. Glenn Runkel,1022 Hanley St. was sworn in said the proposal is exciting and would like traffic- calming features for the bike path as well. He also wondered if light pollution could be kept down with dark sky compliant lighting fixtures. Mr. Victor responded that was a great idea and it is their intent to take steps necessary to mitigate the light impact. Planner Sheriff stated the applicant must meet lighting requirements by code. Mary Lee Bershram, 4222 Crestwood was sworn in and stated her concern is cut through traffic. Her belief is one more car added to the traffic flow is dangerous as there is already constant traffic through the neighborhood causing dangerous pedestrian situations. Kathie Lynd 813 N Mill St was sworn in and read a one-page statement from the Cooney Heights United group working together to prevent the development due to dangerous traffic situations. Ron Wagner (no address given) expressed concern about safety on local streets without sidewalks and population density. Lois Koss 4105 Crestwood Dr was sworn in and agrees with all comments regarding traffic. She is concerned with the bus stops and danger to children and the change in quality of life with these developments. Current apartment complex residents cut through yards and do illicit things on and in view and in hearing range of her private property. She believes it will only get worse. She is concerned about the damage that might be done to future value of her home and others. Craig Davidson was sworn in and disclosed he has an ownership interest in 4025 Main St. Mr. Davidson stated neighbors should consider alternatives of another industrial use being put on this property rather than a nice residential area and what they want to look at. There were no further comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 10:37 p.m. Commissioner Walsh stated besides the traffic concerns it is a nice development and believes neighbor concerns can be addressed with local enforcement. Commissioner Sobotta had no comments. Commissioner Smale agrees with Commissioner Walsh and hears the concerns from the neighbors but believes they can be further addressed. Asked if there is any way to restrict the flow of outside traffic without inhibiting the residents. Planner Sheriff responded adding stop signs is a thought and another effective method for psychological impact is actually narrow the roadways themselves. He stated he had a discussion with the Public Works Director and other than stop signs other changes may be cost-prohibitive. Commissioner Lehman likes the conceptual drawings and believes it’s a good fit for the area itself but understands the neighborhood concerns regarding speed allowed on the roads. He inquired if low profile gradual speed bumps would be possible in this area. Planner Sheriff stated he’s not sure it is possible on a local road and suggested rumble strips might be able to be looked into along with the addition of sidewalks. He stated these things would be outside the scope of the development’s responsibility, however. Planning and Zoning Commission October 20, 2021 Page 14 Commissioner Davis agrees the development itself adds value to the area but agrees traffic is a concern. He does not believe this development will greatly increase the traffic concerns. Commissioner Bremer stated she agrees with other commissioners and likes the historical façade being kept. Her concern rests with the bike path safety and she asked Planner Sheriff if it can be looked into. Planner Sheriff stated there is already a separated lane which is the safest thing available easily. Chairwoman Rockweiler likes the historic preservation and understands the neighborhood concerns and would suggest law enforcement get more involved with the traffic and speeding concerns. Motion by Bremer seconded by Smale with regard to File No. Z-998, to recommend approval of the petitioner’s request for a Preliminary Plan for a Multifamily Integrated Design District Development subject to the following conditions: 1) The petitioner shall provide a tree survey of the site. 2) The petitioner shall revise the site plan to include a sidewalk and curb along Mill Street. 3) The petitioner shall preserve the existing trees along Mill Street to the greatest extent possible. AND by making said motion, we agree the Approval Criteria for Development Review has been met as outlined and presented in the Staff Report. Roll Call: Vote: 7-ayes: Bremer, Davis, Lehman, Rockweiler, Smale, Sobotta and Walsh. 0-nays, 0-abstained, 0-absent. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-998 at 10:50 p.m. Staff Report: The next meeting is Wednesday November 17, 2021. Planner Sheriff gave information on a proposal coming forward soon for the Central Wastewater Treatment Plant along the riverfront. Commissioner Walsh announced his resignation from the Planning & Zoning Commission. Adjourn: Motion by Smale and seconded by Rockweiler, all approved. Meeting adjourned at 10:55 p.m.