HomeMy WebLinkAboutMinutes - 04/13/2016 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
April 13, 2016
Chairman Strach called the April 13, 2016 special meeting of the City of McHenry Planning and Zoning
Commission to order at 7:30 p.m. In attendance were the following: Bromley, Doherty, Meyer, Sobotta,
Strach, and Thacker. Also in attendance were: Director of Economic Development Martin, City Attorney
Cahill, and Administrative Assistant Wolf.
No one signed in to speak during Public Input.
Approval of Minutes
Motion by Meyer, seconded by Bromley, to approve the March 23, 2016 regularly scheduled meeting
minutes of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 6-0.
Public Hearing: McHenry Elementary School District #15
File No. Z-890
2120 Lincoln Road
Conditional use permit to allow an assembly use (educational institution) and building
alteration totaling approximately 3,760 square feet and any variances required to effectuate the
aforementioned request at 2120 Lincoln Road (McHenry Middle School)
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-890, an application
for a conditional use permit to allow an assembly use (educational institution) and building alteration
totaling approximately 3,760 square feet and any variances required to effectuate the aforementioned
request as submitted by McHenry Elementary School District #15 for the property located at 2120
Lincoln Road, McHenry, IL (MMS).
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March
29, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The
subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice
requirements are on file in the City Clerk’s Office.
In attendance were Dr. Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St.
McHenry, IL 60050 and Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148,
who were sworn in by Chairman Strach.
Mr. Hoffman provided a summary of the request before the Commission at this Hearing stating
a conditional use permit is being requested to build a 3,760 sq. ft. building alteration at McHenry Middle
School, basically turning a courtyard into a STEM lab for additional usable learning space.
Planning and Zoning Commission
April 13, 2016
Page 2
Director of Economic Development Martin provided a brief history of the five previous applications
presented to the Commission for alterations at other schools, the most recent being Riverwood
Elementary School which included a building addition and structural alteration-similar to the request at
McHenry Middle School. The proposed structural alteration consists of 3,760 square feet. McHenry
Middle School was annexed to the City of McHenry in 2001 and included an annexation agreement,
however the agreement has expired and a conditional use was never obtained when the property was
originally annexed. The City’s zoning ordinance classifies schools as assembly uses, and assembly uses
are conditional uses in all residential zoning districts.
The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a
conditional use permit obtain an additional conditional use permit. In this case a conditional use permit
for an assembly use is required because one was not originally obtained; however, if one was obtained a
conditional use permit would still be required due to the proposed structural alteration. A structural
alteration of an existing open courtyard is proposed at the location which will permit the construction of
a Science, Technology, Engineering and Math Laboratory (STEM Lab). Staff believes the structural
alteration will not adversely impact neighboring properties or public safety and health.
Director of Economic Development Martin stated Staff is recommending approval of a conditional use
permit to allow an assembly use (educational institution) at 2120 W Lincoln Road with the condition the
site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016
and Staff finds the requirements of Table 31 of the zoning ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission. There were no comments
from the Commissioners.
Chairman Strach opened the floor to questions and comments from the audience. There was nobody in
attendance who wished to address the Commission regarding this matter. Chairman Strach closed the
public comment portion of the hearing at 7:37 p.m.
Commissioner Doherty inquired when construction would begin on this alteration. Mr. Strejc responded
they hope to begin when school is out for the summer and will be on a strict timeline.
Charlaine Tiffany, 4411 Home Avenue, McHenry, who was sworn in by Chairman Strach, asked if mobile
classrooms will be removed and permanent structures put in their place. Dr. Hoffman replied at most of
the schools that is what happened, however, this school does not have mobile classrooms to remove, it
is just the alteration of what is now a courtyard and basically unusable space.
Motion by Meyer seconded by Bromley, to recommend to the City Council with regard to File No. Z-890,
approval of an application for a conditional use permit to allow an assembly use (educational
institution) at 2120 W Lincoln Road with the condition the site is developed in substantial conformance
with the site plan prepared by Arcon dated March 6, 2016 and that the requirements of Table 31 of the
zoning ordinance have been met.
Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Planning and Zoning Commission
April 13, 2016
Page 3
Abstaining: None.
Absent: None.
Motion carried 6-0.
Chairman Strach closed the Public Hearing regarding File No. Z-890 at 7:40 p.m.
Public Hearing: Kim Keller c/o Laredo Hospitality
File No. Z-891
4310-4400 Elm Street (Illinois Route 120)
Variance from the Off-Street Parking and Loading Requirements for
McHenry Market Place Shopping Center (4310-4400 Elm Street)
Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-891, an application
for a Variance from the Off-Street Parking and Loading Requirements for McHenry Market Place
Shopping Center (4310-4400 Elm St.) as submitted by Kim Keller of Laredo Hospitality for the property
located at 4400 Elm Street, Unit M, McHenry, IL.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March
29, 2016. 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 Charity Johns, Laredo Hospitality, Partner and COO, 638 Glenview Ave., Highland
Park, IL, who was sworn in by Chairman Strach. Ms. Johns provided a summary of the request before
the Commission at this Hearing stating they are requesting a parking variance to open a Stella’s in
McHenry Market Place Shopping Center.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject property is located at 4400 W Elm Street, approximately 10 acres, and is at
the northwest corner of Oak/Industrial Drive and W Elm Street (Illinois Route 120), McHenry Market
Place Shopping Center. The proposed business would occupy Unit M, which is in the portion of the
building along the western property line directly north of Velasquez Alignment and south of the Coin
Laundry.
The applicant is seeking a variance from the off-street parking and loading requirements to allow a
Stella’s Place Café in the McHenry Market Place Shopping Center (Angelo’s, Chase, etc.) They are
proposing to utilize a 2,000 square foot unit (Unit M) on the west side of the lot. The unit was formerly
occupied by a dry cleaning business but has been vacant for several years. The proposed restaurant
requires 25 spaces/1,000 square feet of net floor area or a total of 43 parking spaces. Due to the 4
space/1,000 square foot shopping center parking requirement this unit was allocated seven spaces as
part of the overall requirement for the center; therefore a 36 parking space variance is required. Stella’s
currently operates another location at 1720 N Richmond Road in the McHenry Plaza Shopping Center.
In 2012 the Planning and Zoning Commission recommended approval (5-2) of a conditional use permit
to allow a tavern with video gaming terminals and a 10-space parking variance from off-street parking
and loading requirements for this property located at 4400 W. Elm Street Unit M with the following
conditions:
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April 13, 2016
Page 4
1. A liquor license is for a service bar only with beer and wine only;
2. Customers must be 21 and over to enter the pub/cafe; and
3. The conditional use permit and parking variance are tied together; either both are approved or
both are denied.
At the January 21, 2013 City Council meeting the request was not approved. The request under
consideration is for a parking variance only and does not include a conditional use permit for a tavern, as
Stella’s Place is a restaurant, which is consistent with their current location in the McHenry Plaza
Shopping Center. A restaurant requires more parking than a tavern (10 spaces/1,000 square feet of net
floor area for a tavern) and a restaurant with no drive-thru requires 25 parking spaces/1,000 square feet
of net floor area. A brief summary was given of the parking space requirement formula referencing
Table 13.
Director of Economic Development Martin stated as the shopping center sits today, a total of 610
parking spaces would be required by ordinance, but 421 parking spaces actually exist. A 32-space
parking variance was granted for Chase Bank. The base parking requirement for a shopping center of
this size, approximately 129,085 square feet, is 4 parking spaces/1,000 square feet of building floor area
plus additional spaces for the three restaurant uses (Tacos El Norte, Little Caesars and Grand Buffet).
The three restaurant uses in the center require 165 parking spaces.
The original part of the current McHenry Market Place Shopping Center was constructed 40-50 years
ago and the city’s current zoning ordinance was adopted by the City Council in 1986; therefore, the
parking regulations have changed and evolved over the life of the center. The property was actually
annexed to the City of McHenry in 1966. A parking variance of 21 spaces was granted in 1982 but at
that time only 80,000 square feet of the 129,000 square feet actually existed. Staff believes the center
has much more parking than is actually used on different days and different times mainly because it’s a
center with a diversity of businesses and clientele, and peak hours vary from business to business. The
approval criteria which must be satisfied for the variance request were presented.
Staff is not concerned about the loss of parking and believes a number of factors over many years
contributed to the development of this shopping center, which also impacted the amount of parking.
The result is a hardship placed on the property owner who is attempting to attract businesses requiring
more than 4 parking spaces/1,000 sf. of net floor area. Further the property owner did not cause the
hardship and the unit has been vacant for several years. There is no room to expand the parking lot.
Additionally, employee parking for the proposed unit is available immediately west of the building. An
historical perspective depicting parking at McHenry Market Place was presented.
The existing Stella’s location at 1720 N Richmond Road is located in a shopping center and also is
adjacent to residential directly to the south and east. There have been no problems associated with this
operation. Although the variance request is 36 spaces the proposed use does not generate a lot of
traffic and typically there are only one to three employees on-site at any one time with people coming in
at different times throughout the day to utilize the facility.
Vasquez Alignment has parking to the south of their unit. The Coin Laundry, Grand Buffet, Aaron’s and
Salvation Army Thrift Store are to the north of the unit in question. These uses draw people throughout
the day and evening. The uses are complimentary to each other, in terms of being located in a shopping
Planning and Zoning Commission
April 13, 2016
Page 5
center, and many will close early evening. Staff believes the criteria in Table 32 have been satisfied and
supports the requested parking variance.
The City did receive a letter and petition from Charlaine Tiffany, 4411 Home Avenue, McHenry objecting
to Stella’s being located in this shopping center. Director of Economic Development Martin read the
letter into the record.
Director of Economic Development Martin stated Staff is recommending approval of a 36 space parking
variance from the off-street parking requirements at 4400 W Elm Street (McHenry Market Place
Shopping Center), as amended, with the following conditions:
1. Commercial and recreational vehicles and/or trailers, as defined in the City’s zoning ordinance,
are prohibited for being parked, placed, stored, maintained and/or located immediately
adjacent to Elm Street and/or Oak Street right-of-way, such as but not limited to the Aaron’s
Rent-A-Center truck, unless prior approval is sought and obtained from the City;
2. All dumpster enclosures in disrepair on the subject property, including but not limited to
enclosure to the west of Unit M and enclosure to the north of Alexander’s Pawn Shop, shall be
repaired or replaced within 60 days of City Council approval of the parking variance request;
3. If Stella’s ceases its business operation at the subject property the parking variance shall be null
and void. Ceasing business operation shall be defined as permanent closure of the business for
three consecutive months but shall not include an act of God which is the proximate cause
attributable to the business ceasing operation.
And Staff finds the requirements of Table 32 of the zoning ordinance for Variances has been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Bromley asked Mr. Martin if the stipulations added were intended for the shopping
center owner or the tenant. Director of Economic Development Martin stated they are intended for the
property owner/landlord. Ms. Johns stated the applicant agrees to expect the stipulations to be taken
care of by the property owner/landlord before occupying the space. She has contacted the property
owner/landlord and made it clear they are in agreement with these stipulations.
Commissioner Doherty inquired if people will be able to see the gaming area through the glass front
windows of the establishment. Ms. Johns stated they try to stage the gaming area to the rear and use a
mid-century modern vibe where the gaming area would be separated from the storefront by bookcases
to screen it from the street. The layout will be similar to their other location by Applebees but will have
a new improved menu.
Commissioner Bromley asked if any other establishments in the area have gaming facilities. Director of
Economic Development Martin stated the Village Squire does. Chairman Strach clarified a parking
variance is the only issue being addressed at this meeting. Commissioner Bromley inquired what forum
residents have for addressing items other than parking. Chairman Strach replied anyone can have a
chance to speak during public comment. Director of Economic Development Martin stated this issue
will go before city council for the gaming and liquor license as well as the parking variance in the near
future.
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April 13, 2016
Page 6
Commissioner Sobotta asked for clarification on the capacity of the space/occupancy of the space.
Director of Economic Development Martin stated he is unsure exactly without looking into it but the
occupancy would be determined by building requirements and square footage. Discussion ensued
regarding the occupancy of the Stella’s that is on the other side of town and parking. Ms. Johns stated
their establishments might have as few as 2-8 people or as many as 8-15 people utilizing them at any
one time. She further stated there are only five machines maximum allowed by law in each
establishment.
Chairman Strach opened the floor to questions and comments from the audience. The following were
sworn in by Chairman Strach prior to their addressing the Commission:
Charlaine Tiffany asked for clarification as to the purpose of this hearing. Chairman Strach and Director
of Economic Development Martin explained the purpose of the zoning hearing and explained the
process. They further explained that gaming is licensed by state law and contains a requirement that
alcohol is served on-site. Ms. Tiffany stated the concept of Stella’s sounds like a nice idea but she is
speaking for herself and others who have signed the petition they just don’t think this is a good location
in a family market place. She further stated they all believe there are plenty of video gaming
establishments already in the city.
Henry Stein, 2 West Goldfinch Ct., Hawthorn Woods, Il asked the Commissioners to delay the decision
until he is able to videotape the parking lot to determine a more realistic number of parking spaces
needed to support the occupancy at the establishment. Mr. Stein stated the landlord of the shopping
center did not inform the tenants of the hearing or the reason it was being held. He believes parking is
being under-estimated. Mr. Stein asked for clarification on the process in place for enforcing the
conditions being placed on the variance. Director of Economic Development Martin explained the
ordinance enforcement process and discussion ensued.
Commissioner Bromley stated has never seen that parking lot anywhere near a full capacity. The
parking capacity and timing of parking availability was discussed. Mr. Stein again asked the
Commissioners if they would delay their decision for him to do further surveillance of the parking issues,
especially since he and/or his business were not notified of the hearing through the landlord.
Commissioner Strach and Director of Economic Development Martin stated it is not a requirement for
landlords to notify tenants when posting public notice but certified the public notice sign was posted in
the window of the space since March 29, 2016, which is within the public notice posting requirements.
Commissioner Bromley informed Mr. Stein he will have time before the City Council meeting to do
research and address public comment at that meeting.
Chairman Strach closed the public comment portion of the hearing at 8:15 p.m.
Commissioner Sobotta asked how many employees are usually on-site. Ms. Johns replied there is
usually one at a time, or at the most two when the shift changes.
Commissioner Thacker stated he agreed with Commissioner Bromley that there is not a parking issue in
the shopping center. Discussion ensued regarding whether the owners of Stella’s might ask their
employees to park farther away from the establishment to make spaces open for patrons, however the
Commissioners did not feel it necessary to add a such a condition. Ms. Johns replied that would not be a
problem and is a customary request at any of their establishments.
Planning and Zoning Commission
April 13, 2016
Page 7
Motion by Thacker, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-
891, approval of an application for a 36 space parking variance from the off-street parking requirements
at 4400 W Elm Street (McHenry Market Place Shopping Center), as amended, with the following
conditions:
1. Commercial and recreational vehicles and/or trailers, as defined in the City’s zoning ordinance,
are prohibited for being parked, placed, stored, maintained and/or located immediately
adjacent to Elm Street and/or Oak Street right-of-way, such as but not limited to the Aaron’s
Rent-A-Center truck, unless prior approval is sought and obtained from the City;
2. All dumpster enclosures in disrepair on the subject property, including but not limited to
enclosure to the west of Unit M and enclosure to the north of Alexander’s Pawn Shop, shall be
repaired or replaced within 60 days of City Council approval of the parking variance request;
3. If Stella’s ceases its business operation at the subject property the parking variance shall be null
and void. Ceasing business operation shall be defined as permanent closure of the business for
three consecutive months but shall not include an act of God which is the proximate cause
attributable to the business ceasing operation
And Staff finds the requirements of Table 32 of the zoning ordinance for Variances has been satisfied.
Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 6-0.
Chairman Strach closed the Public Hearing regarding File No. Z-891 at 8:20p.m.
The next Planning and Zoning meeting is scheduled for Wednesday, May 18, 2016.
Adjournment
Motion by Thacker, seconded by Doherty, to adjourn the special meeting at 8:20 p.m.
Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 6-0. The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Administrative Assistant
City of McHenry