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HomeMy WebLinkAboutMinutes - 08/24/2016 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes August 24, 2016 Chairman Strach called the August 24, 2016 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 Cahill, and Administrative Assistant Wolf. No one signed in to speak during Public Input. Approval of Minutes Motion by Meyer, seconded by Miller, to approve the July 13, 2016 regular meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: Patrick Wirtz File No. Z-901 1503 Richmond Road Variances from Article IV. Residential Districts, Table 4: Residential District Requirements Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No Z-901, an application for variances from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a reduction in the required side yard building setback requirement to allow the expansion of an existing residence and construction of a 260 square-foot addition to the existing west elevation of the house as submitted by Patrick Wirtz for the property located at 1503 Richmond Road, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 9, 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 Patrick Wirtz, 1503 Richmond Rd., McHenry, IL 60050, and David Gillespie, Architect, Gillespie Design Group, 5307 Business Parkway #101, Ringwood, IL 60072, who were Planning and Zoning Commission August 24, 2016 Page 2 sworn in by Chairman Strach. Mr. Gillespie provided a summary of the request before the Commission at this Hearing stating the Wirtz family wants to construct an addition requiring a 6’ side yard setback. There is currently just under a 5’ setback which requires a 14” encroachment into the side yard for a master bedroom addition. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant is seeking a 1.28-foot side yard building setback variance from the zoning ordinance to allow a home addition, to the west elevation, at 1503 Richmond Road. The applicant lives on a through or double-frontage lot, Richmond Road on the east and Maple Court to the west. Currently the setback is 4.72’ therefore the property must comply with the current ordinance due to the proposed expansion. The zoning ordinance defines this setback as a standards non-conformity and no addition, enlargement or structural alteration can be made to a property having a standards non-conformity without the conformance of any new addition or enlargement portion of the structure to all requirements in the zoning ordinance. The conformity with the zoning ordinance is being accomplished by seeking a variance to the existing side yard setback. A depiction of the proposed expansion and setback in question was presented. Staff has no problem with this request and the only option to complete the addition, other than razing the entire house, is to obtain a variance. The approval criteria for variances were presented and Director of Economic Development Martin stated staff is recommending approval of Variances from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28-foot reduction in the required side yard building setback to allow the expansion of an existing home including a 260’ addition in substantial conformance with the floor plan and elevation submitted as part of the public hearing application. Staff finds all requirements in Table 32 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Miller asked if the back corner of the home is simply being squared up. Mr. Wirtz replied affirmatively. 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 7:42 p.m. Motion by Meyer, seconded by Thacker, to recommend to the City Council with regard to File No. Z-901, approval of an application for Variances from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28-foot reduction in the required side yard building setback to allow the expansion of an existing home including a 260’ addition in substantial conformance with the floor plan and elevation submitted as part of the public hearing application be granted, and that all requirements in Table 32 of the Zoning Ordinance have been met. Planning and Zoning Commission August 24, 2016 Page 3 Voting Aye: Doherty, Miller, Meyer, 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-901 at 7:45 p.m. Public Hearing: Harry Bockos File No. Z-900 810 N Front Street Conditional Use Permit to allow a tavern, variance from off-street parking and loading requirements, and any other variances required effectuating the aforementioned request Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No Z-900, an application for a Conditional use permit to allow a tavern (2630 Schaid Court) and a Variance from the Off-Street Parking and Loading Requirements for Northgate West Shopping Center (2610-2640 Schaid Court) as submitted by Harry Bockos for the subject property in McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 9, 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 Bill Bazianos, part-owner of Northgate West Center and attorney for Mr. Harry Bockos. Mr. Bazianos provided a summary of the request before the Commission at this Hearing stating he is attempting to obtain a conditional use for a tavern and variance for parking for the center. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating Northgate West Shopping Center was constructed in 2004 and contains a Dairy Queen, Sprint Store, State Farm Location, Epic Deli and two vacant spaces, one of which will soon be occupied by the Marine Corps Recruiting Center, which was formerly located in the Diamond Plaza Shopping Center. The applicant is requesting a conditional use permit to allow a tavern at 2630 Schaid Court and is also seeking a variance from the off-street parking and loading requirements for the Northgate West Shopping Center (Lots 8-20) to accommodate the tavern use. Staff believes the proposed tavern use is an appropriate land use for the subject property. The shopping center in question, as well as Diamond Plaza, Meijer/Home Depot, Shops at Fox River Planning and Zoning Commission August 24, 2016 Page 4 and McHenry Towne Shopping Centers all contain a diverse selection of retail, restaurant and service-oriented land uses and the proposed tavern will provide an additional element to complement the existing uses and is appropriately situated along a commercial highway corridor. The applicant is one of the owners of this center and has more than four decades of experience in the restaurant industry. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the C-5 zoning district. Northgate West currently has 160 parking spaces and, in accordance with the City’s zoning ordinance is classified as a shopping center; therefore the “Parking for Shopping Center Regulations” are applicable and were presented. Epic Deli is approximately 6,000 square feet and is required to have 150 parking spaces; Dairy Queen (1,500 square feet) is required to have 23 spaces; the proposed tavern is 2,000 square feet and required to have 20 spaces and the remaining uses totaling 5,100 square feet are required to have 20 spaces. Therefore 213 spaces are required and 160 exist, consequently a 53 space parking variance is being sought. There is some opportunity for shared parking between the various uses within the center; and Epic Deli, although by ordinance is required to have 150 spaces, falls in between a sit-down restaurant and a fast-serve restaurant where some people stay and eat but don’t stay for long periods of time and many come in and carry out their food. A photograph of the excess parking taken recently was presented. Staff believes there is sufficient parking for the center and the parking requirement is somewhat skewed by the number of spaces needed by ordinance for Epic Deli. A similar situation occurred when Patroons Mexican Restaurant and Lucky Poker opened at ReMax Plaza on Front Street, which is similar in size. None of the circumstances creating the need for the requested variance was caused by or a direct result of any action taken by the applicant and the requested variance, if granted, will not alter the local character or adversely impact public, health, safety or welfare. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. Staff does not have any concerns with the parking variance and both the conditional use permit and parking variance can be considered contemporaneously because a parking variance is required in order for the proposed tavern to be able to locate within the shopping center. Director of Economic Development Martin stated Staff is recommending approval of a conditional use permit to allow a tavern at 2630 Schaid Court and approval of a parking Planning and Zoning Commission August 24, 2016 Page 5 variance of fifty-three spaces for Northgate West Shopping Center with the condition if the use at 2630 Schaid Court ceases operation for six consecutive months, unless waived by City Council, the conditional use permit for a tavern and parking variance shall be null and void. Staff also finds all requirements in Tables 31 and 32 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Miller asked for a description of the type of establishment the tavern will be. Mr. Bazianos stated Mr. Bockos has been in the restaurant/bar business for over 40 years and hopes to operate this establishment similar to the concept of a sports tavern with video gaming that he currently operates in Countryside, IL. There will not be big-screen televisions throughout the tavern but rather several smaller screen televisions with seating for approximately 75 patrons maximum. Mr. Bazianos stated he is not positive of the specifics of the layout of the 2000 sq. ft. space, but knows Mr. Bockos has spoken with Epic Deli and they are both interested in working together to allow customers to bring in food from Epic Deli as well as being able to be served some food prepared in the tavern. Mr. Sobotta asked the hours of the establishment. Mr. Bazianos stated he believes it will be open from 4:00 pm – 11:00 p.m or midnight. Commissioner Meyer asked if there is a particular menu established. Mr. Bazianos stated it will mostly be bar food, not fancy and that Epic Deli is interested in working with them. Commissioner Doherty asked how many people will be employed. Mr. Bazianos stated approximately 6-8 people. 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 7:50 p.m. Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No. Z-900, approval of an application for conditional use permit to allow a tavern at 2630 Schaid Court and approval of a parking variance of fifty-three spaces for Northgate West Shopping Center with the condition if the use at 2630 Schaid Court ceases operation for six consecutive months, unless waived by City Council, the conditional use permit for a tavern and parking variance shall be null and void and that all requirements in Tables 31 and 32 of the zoning ordinance have been met. Voting Aye: Doherty, Miller, Meyer, 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-900 at 7:55 p.m. Planning and Zoning Commission August 24, 2016 Page 6 Public Hearing: Bluestone Single Tenant Properties, LLC File No. Z-899 Northwest corner of Illinois Route 120 and Chapel Hill Road (“Subject Property”), excluding the Riverside Chocolate Factory parcel. The property located at 2207-2211 W Country Lane, parcels located immediately adjacent to the east and west of the existing water tower, is also included Preliminary Subdivision Plat Approval of a two-lot subdivision; Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; Conditional Use Permit to allow a drive-in establishment as part of a freestanding retail building and a Variance from off-street parking and loading requirements, Variance from the parking screening strip requirements; Variance to allow multiple principal buildings and land uses on one zoning lot, Variance from minimum the minimum spacing requirement between service stations and any other Variances required to develop the Subject Property Chairman Strach called the Public Hearing to order at 8:00 p.m. regarding File No Z-899, an application for: • Preliminary Subdivision Plat Approval; • Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; • Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi-tenant retail building; • Variance from the off-street parking and loading requirements; • Variance from the 10’ parking screening strip requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store and automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition. as submitted by Bluestone Single Tenant Properties, LLC for the property located at the Northwest corner of Illinois Route 120 and Chapel Hill Road (“Subject Property”), excluding the Riverside Chocolate Factory parcel. The property located at 2207-2211 W Country Lane, parcels located immediately adjacent to the east and west of the existing water tower, in McHenry, IL, is also included. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on August 9, 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: Mike MacKinnon, Vice President, Bluestone Single Tenant Properties, 410 N. Michigan Ave., Chicago, IL 60611; Eric Grabowski, Ricky Rockets Fuel Center, 399 Wall St, Glendale Heights, IL Planning and Zoning Commission August 24, 2016 Page 7 60139; Rick Heidner, President, Heidner Properties, Inc., 20 Brinker Rd., Barrington Hills, IL 60016; and Michael A. Werthmann, Traffic Engineer, Kenig, Lindgren, O'Hara, Aboona, Inc., 9575 West Higgins Road, Suite 400, Rosemont, IL 60018, who were sworn in by Chairman Strach. Mr. MacKinnon provided a summary of the request before the Commission at this Hearing thanking Director of Economic Development Martin for a thorough and comprehensive staff report. Mr. MacKinnon stated his company is currently developing several similar properties having purchased 12 properties in Chicago over the last 15 months which are larger parcels and then divided into smaller pieces. Ricky Rockets has an existing unit at Barrington Rd. and I-90 also developed by Mr. Heidner. They have 7.7 acres to develop on this property which does not include the Riverside Chocolate Factory and their gravel parking lot is actually on the subject property. The existing traffic volume is what attracted them to the property. They are knowledgeable in the market and volumes and there is much needed room for another fuel center in this particular trade area. There are over 34,000 automobile counts and there are over 3000 commercial vehicle trucks existing at this intersection today. At the present time there are no other retailers in this corridor and there is no water service to this property. Water service lines currently end at Culvers and goes north. As part of their development the petitioners will bring the water service south to the southwest corner of Chapel Hill Road and Route 120. The sanitary sewer is already there. There is a lack of fuel in this corridor even though Thornton’s does tremendous volume and there is no place for commercial vehicles to fuel in the area. Plans are to leave the existing barn on part of the property in place while they seek information on its historical relevance. An illustrated power point presentation was given. It is a beautiful development with an 1800 s.f. retail center and an 8400 s.f. convenience store (the size of a mini-grocery store). There will be 7 pumps or 14 fueling positions. On the west side will be 3 fast flow diesel lanes to service the 3000 trucks that are already travelling through this intersection. The developer will not allow overnight parking, showers, public laundry or common truck stop amenities. They want patrons to stop, shop, and go. The car wash will be state of the art with a 130’ tunnel through a vendor called Tommy Wash and will have 3 drive- up lanes and use a conveyer belt system. They are working with Steak and Egger and Dunkin Donuts for two of the tenants. The Riverside Chocolate Factory will have an easement for employee and customer parking and their gravel lot will be paved. A site plan was presented and explained. McHenry County has agreed to ¾ access on Chapel Hill Rd. meaning a right in only when going southbound, no left turn-in if heading northbound, and a full out exit from the development. They have asked for reasonable access from IDOT with full access near the retail center and right-in, right-out for the fuel center. The developer is making over a $10 million capital investment which should create 30-40 new jobs. It complements the corridor very well and fills a void in this corridor for modern fuel, restaurants, and retail that is currently not there. They will also install sidewalks on both Route 120 and Chapel Hill Road which will hopefully continue north. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating a few different land uses have been proposed on the subject Planning and Zoning Commission August 24, 2016 Page 8 property over the past 15-20 years, including a Thornton’s Fueling Station as well as a Tractor Supply Store, however one of the major impediments for each of these developments was the lack of a municipal water supply. The applicant, as part of the proposed project, will extend the City’s water main from its terminus approximately 160’ north of Illinois Route 120 on Adams Drive, along the south side of Illinois Route 120 approximately 2,042’ east and north of the City’s sewer main on the south side of Route 120 to service the proposed development. The applicants are proposing to construct: • Fueling center which will include: 14 fueling positions (7 pumps) • An 8,400 square-foot convenience store with an attached 1,800 square-foot retail space; • Automobile washing facility (4,900 square feet) • Three commercial (diesel) fueling dispensing stations and four parking spaces adjacent thereto • An additional freestanding 8,400 square-foot retail building to the west (Proposed Lot 2) of the fueling center. In order to facilitate the aforementioned the petitioner is seeking the following: • Preliminary Subdivision Plat Approval for a two-lot subdivision; • Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility; • Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi-tenant retail building; • Variance from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Variance from the 10’ minimum parking screening strip requirement • Any other variances required to develop the Subject Property in substantial accordance with the site and landscape plans and building elevations submitted for this petition. The preliminary plat includes two proposed lots: Lot 1 is 5.160 acres and includes everything proposed as part of the development, with the exception of the 8,400 square-foot retail building. Lot Two includes the proposed 8,400 square-foot retail building and consists of 2.552 acres. Cross-access, parking and storm water easements will be required between Lots 1 and 2 as well as for the Riverside Chocolate Factory, which currently leases space on the subject property for parking. The items required for Preliminary Subdivision Plat Approval for the “Final Plat of Subdivision Heidner Properties Subdivision” (Although the title states “Final Plat” the submission and engineering and approval being considered by the Planning and Zoning Commission is for Planning and Zoning Commission August 24, 2016 Page 9 Preliminary Plat only) were presented and the Final Plat will be brought back to the Planning and Zoning Commission at a later date. The applicant has submitted one set of engineering plans which the City’s Engineer has reviewed and the review letters from HR Green were presented. The remaining comments for the preliminary plat and engineering approval must be satisfied prior to City Council consideration. Additionally, the applicant and staff have met and the applicant has submitted engineering plans to the McHenry County Division of Transportation because Chapel Hill Road is under the jurisdiction of that agency. The initial review letter from the McHenry County Highway Department was presented. The applicant has also submitted a set of engineering plans to the Illinois Department of Transportation (IDOT) because Illinois Route 120 is a state route however the applicant has not received a review from IDOT to this point. The applicant and staff are comfortable with the plat and geometric plans submitted as part of the applicant’s request to the Planning and Zoning Commission to the extent staff does not believe the site and landscape plans or preliminary plat will be altered substantially. If the plat and/or site and landscape plans and building elevations are altered and are not in substantial conformance with the plans and plat being reviewed by the Planning and Zoning Commission the applicant would have to resubmit and appear before the Commission at another public hearing in the future. The Planning and Zoning Commission recommendation is forwarded to the City Council. Staff has reviewed the plat and it is in substantial conformance with the requirements set forth in the subdivision control and development ordinance. The applicant is also requesting a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with an automobile washing facility as well as a Conditional Use Permit to allow a drive-in establishment as part of a proposed freestanding multi-tenant retail building. Three new access points are proposed. The full access is proposed off of Illinois Route 120; a right-in/right-out off of Illinois Route 120 and a right-in/right-out/left-out along Chapel Hill Road. The first review letter from the McHenry County Division of Transportation following a conceptual review was presented but the Illinois Department of Transportation has not completed their initial review. The letter states a right-in deceleration lane and right out acceleration need to be incorporated into the Chapel Hill Road improvements to accommodate this ¾ access proposed (right-in/right-out and left-out). The traffic study was also completed by the applicant and reviewed by the City’s engineer. The City Engineer, staff and McHenry County Highway Division also discussed and recommend the applicant include a pedestrian connection to the proposed development from one of the Planning and Zoning Commission August 24, 2016 Page 10 lots on either side of the existing water tower and located at 2207 - 2211 W Country Lane. A pedestrian connection is depicted on the lot east of the water tower and a storage barn lies on the lot to the west of the water tower. Also suggested was an internal vehicular connection to the west where the existing strip retail center is located. Staff believes this should be at least considered and planned for even if not immediately constructed. Land banked parking is depicted on the lot east of the water tower however this parking will not be built unless needed, a permit would be required if it’s built and no vehicular access is being recommended onto Country Lane. A large percentage of trips to the proposed gas station/convenience store are generated from pass-by traffic or traffic already going past the site en route to another primary destination (90- 95%). Moreover peak trip generation hours of the gasoline station with convenience store normally coincide with the peak hours of adjacent street traffic. Road improvements on Chapel Hill Road will be set forth by the McHenry County Highway Division and by the Illinois Department of Transportation on Route 120. Staff believes the internal circulation functions well on the proposed site plan; three car wash lanes are proposed. Staff would recommend directional signs be placed at locations to the north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal direction signs for parking adjacent to the Riverside Chocolate Factory. Reviewing the approval criteria set forth in Table 31 of the zoning ordinance for conditional uses, as related to the fueling station, drive-in establishment for the car wash, and the drive-in establishment on the west end of the 8,400 square foot retail building, 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/vastly reduces glare; • A 25-foot landscape buffer along the north property line will be installed, including a combination of landscaping and a six-foot board on-board fence; The City’s Forester will review the landscape plan to ensure compliance and plantings are appropriate- particularly along the north property line and to ensure there are no utility conflicts along the north property line with any proposed plantings; • Staff would recommend a hedge row of low growing evergreen shrubs be planted along the Route 120 frontage for the 8,400 square-foot retail building, to screen headlights onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility. Planning and Zoning Commission August 24, 2016 Page 11 In addition, the applicant is seeking the following variances from the zoning ordinance: • Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site-parking adjacent to Riverside Chocolate Factory) • Variance from the minimum spacing requirement between service stations; • Variances from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); The applicant complies with the 10-foot parking screening strip requirement for the majority of the site. The only area where there is not 10 feet is the southeast corner of the site adjacent to the Riverside Chocolate Factory. This deviation is a result of the shape of the property at that location, due to the right-of-way and intersection proximity of Chapel Hill Road and Illinois Route 120. Staff has no concern with the request for a variance from the minimum spacing requirement between service stations as there is no guideline or definitive provision stating where this is measured to/from. The applicant is additionally seeking a variance from the off-street parking and loading requirements. Lot 1, which contains the car wash; convenience store; and adjacent retail (restaurant) requires 74 spaces by ordinance. The applicant is providing 77. Lot 2 which includes the adjacent retail building, including two restaurant spaces, one with a drive-in establishment on the west side and one without on the east side, as well as the remaining retail requires 85 spaces and 56 are provided. The ordinance provides that a restaurant with a drive- in establishment construct 10 spaces/1,000 square-feet of net floor area but have space for 15 spaces/1,000 square feet of net floor area. Therefore 64 spaces are required to be constructed and the remaining can be land banked. The applicant is depicting 32 land banked spaces on the lot immediately east of the water tower. With the land banked parking the applicant does not require a parking variance however practically the spaces to the north which are land banked will most likely not be utilized due to the distance from the retail center (approximately 150’). Staff is not recommending the land banked parking be constructed and recommend it only be done if and when it’s determined that it is absolutely needed. Other factors included in the variances to take into consideration were detailed in the staff report and did not cause a concern to staff. Director of Economic Development Martin stated Staff supports all variances being requested. They are minimal and will not adversely impact adjacent properties. The applicant must comply with all ordinances relative to lighting, noise or other ordinances from which variances are not being requested. Staff believes all criteria in Table 32 for the aforementioned variances have been satisfied. Planning and Zoning Commission August 24, 2016 Page 12 Staff recommends the Commission make three separate motions; however the Commission was instructed that they could also choose to vote on the variances separately. Director of Economic Development Martin stated Staff recommends approval of the Preliminary Plat of Subdivision entitled: “Final Plat Subdivision Heidner Properties Subdivision” prepared by Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting of one page with conditions presented; Approval of the Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash and Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi-tenant retail building subject to the conditions presented, for which Staff finds the requirements set forth in Table 31 have been met; and Approval of the following variances: • Eighteen space parking Variance from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site-parking adjacent to Riverside Chocolate Factory). Subject to the conditions presented, and Staff finds the requirements set forth in Table 32 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh inquired as to how many fuel pumps are at the location in Barrington. Mr. Heidner stated there are 6 double sided stations making 12 pumps. Commissioner Thacker asked if someone is heading east on Route 120 and wants gas how would access the development. Mr. MacKinnon stated they are proposing a non-raised median to IDOT to allow access across the median. Commissioner Sobotta asked for an explanation of the traffic flow. Mr. MacKinnon stated most large truck traffic is on 120 east and west and they’re coming from the south. There are very few northbound large trucks. The trucks will be entering on the full access on Route 120, circle around the pond, they will fuel facing northwards and will be directed to exit on Chapel Hill Road southbound to the light at Route 120. In response to an inquiry from Commissioner Sobotta, Mr. MacKinnon stated McHenry County is not proposing an upgrade to that intersection in the near future. Mr. MacKinnon stated a traffic study was done and the criteria for the proposed access points has been met for the area and is IDOT controlled. Planning and Zoning Commission August 24, 2016 Page 13 Commissioner Doherty asked if the access points near the Riverside Chocolate Factory will be changed. Mr. McKinnon stated those access points are not within their property but are the private property of Riverside Chocolate Factory and they have no control over what is done there. Commissioner Doherty opined the existing conditions on page 17 and 18 of the traffic study appear to presume the projected conditions will be worse than they are now and asked for an explanation. Mr. Michael Werthmann, KLOA, stated that in addition to traffic generated by the gas station per the requirements of McHenry County DOT and IDOT, they projected out additional traffic growth in the area to 2022 and all existing volumes increased by 12%. That is why the levels of service drop on the traffic study. Fuel Centers have about 60% of their traffic generated by traffic already existing on that roadway, otherwise referred to as pass-by traffic. The volume of new traffic generated by a fuel center is actually low compared to the realm of the entire development. Level service D is considered acceptable by McHenry County DOT and IDOT. Commissioner Doherty stated the eastbound Rt. 120 intersection numbers appear to be over capacity and the 185’ turn lane over the median “would perform at a poor level of service for eastbound traffic with either a full access or right-in and right-out”. Commissioner Doherty asked for an explanation. Mr. Werthmann responded that level of service E indicates when making a left turn out during peak hours it may be difficult or operate at lower level of service; but that is just for the left turn out. That level of service E does not exist now – it is only for traffic leaving or coming out of the site, from the development’s driveway, onto Route 120. Mainline Route 120 will still be operating at a level of service A or B, as it does now. The benefit of this site is that it has access onto Route 120 and to Chapel Hill Rd. so people wanting to turn left on Route 120 can do that from the stop light at Chapel Hill Road rather than from the Route 120 access. There are many other full access drives up and down Route 120 in the same area, including the Shell station on the corner. Commissioner Miller asked if trucks will be able to make the turn going east onto Chapel Hill Rd. since it is presently just a 2-lane road. Mr. Werthmann responded affirmatively. Commissioner Miller asked if the development will be a 24-hour operation and what is considered peak traffic volume times. Mr. Heidner stated yes the fuel station is a 24-hour operation and peak traffic is in the morning when people are going to work (6-9 am) and then again after work (4-6 pm). Commissioner Miller asked how many visitors typically use the Barrington location during peak hours. Mr. Heidner responded they get about 30 gas customers per hour in Barrington during peak hours; however some are just fueling and going and not actually stopping - the actual number per hour combined with retail customers at the fuel center only is probably closer to 50 or 60, with Planning and Zoning Commission August 24, 2016 Page 14 additional customers visiting the other restaurant establishments on the site as well. The location in Barrington is a smaller footprint but has about 75% of the building capacity than is on this site. This new space has more land and is more expansive. Commissioner Miller asked how many cars can access through the car wash in an hour. Mr. Heidner stated the most they have had in a day is about 375, but normally it is about 100 cars a day. In response to a question from Commissioner Miller regarding the glass carwash building being loud, Mr. Heidner responded this site will not be all glass and invited everyone to go to Barrington and view the inviting look of the fuel center and carwash with a 110’ tunnel. This facility is proposing a 130’ tunnel. There have been no noise complaints or any complaints from neighboring properties at the Barrington facility. Commissioner Thacker asked what is proposed in regard to detention on the property as far as safety is concerned and whether there will be a perimeter barrier. Mr. MacKinnon responded it is a dry bottom system so the only time it fills up is during rain events and they have not planned for any time of barrier. Commissioner Thacker stated he observed there is no vehicular access from the property to Country Lane but asked if there will be a pedestrian walkway added for neighborhood access. Mr. MacKinnon responded that the county and city requested a pedestrian walkway for the connecting neighborhood and it will be constructed as part of this project. Commissioner Miller asked how much pedestrian traffic is anticipated. Mr. Heidner responded there is minimal pedestrian traffic expected. It will always be maintained, kept clean, bright, safe and inviting. Commissioner Thacker asked if alcohol will be sold at any of the businesses in the proposed development. Mr. Heidner responded there will be beer and wine sold in the convenience store and the other restaurant establishments may offer alcohol, conditioned of course on following city ordinances. He further stated they are spending $12-15 million on this development. Alcohol sales weren’t offered in Hoffman Estates originally but then it was requested by customers for “one-stop shopping” and was eventually allowed. Mr. Heidner explained that traffic movement into separate locations for customers wanting gas and coffee for instance is more dangerous than pulling into one center for both items. The Mayor of Hoffman Estates will be happy to talk with anyone inquiring and will confirm benefits they have seen. 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: Robert Hunter, 34740 N. Iroquois, McHenry, stated his family owns the Riverside Chocolate Factory and wanted to thank the City for what has been done for them throughout the years as a business operating in McHenry. He further stated they were not previously in favor of this or any other developments proposed on this adjoining property but are now definitely in favor of this particular project being proposed. Mr. Hunter stated he is concerned due to the fact the Planning and Zoning Commission August 24, 2016 Page 15 owner of the Shell gas station at the corner of Route 120 and Chapel Hill Road chose to post in social media verbiage discouraging this project being successful and his family felt as if the social media post might infer Riverside Chocolate Factory agreed with the Shell gas station owner’s opinion. Mr. Hunter stated they do not support the opinion of the Shell gas station’s owners but are in full support of the Ricky Rockets development moving forward and thanked Mr. Heidner and his team for bending over backwards to ensure Riverside Chocolate Factory stays in McHenry. Mr. Hunter also stated his thanks to Director of Economic Development Martin for accommodating them throughout this whole process further stating he has been a wonderful ambassador for the City of McHenry. Mr. David Harmon, 2301 Country Lane, McHenry asked if the restaurants and drive-throughs at the facility will be open 24 hours to which Mr. Heidner responded affirmatively. Mr. Harmon asked if signs could possibly be provided limiting truck parking to 3 hours max. Mr. Heidner responded affirmatively. To an additional question from Mr. Harmon regarding times of deliveries, Mr. Heidner stated deliveries can be limited to include no overnight deliveries and specifying quieter unloading procedures also limiting deliveries to certain time slots only. Mr. Harmon asked that a fence be put around the detention pond and inquired whether the barn will be torn down if it is determined it has no historical significance. Mr. Heidner opined the barn might make a great haunted house. Mr. Tomy Nella, 909 Countryside Court, Glenview, IL stated he is one of the owners of the Shell gas station at Route 120 and Chapel Hill Road. Mr. Nella stated the volume of gas they dispense has decreased greatly in recent years which states the gas volume is being picked up by other stations within McHenry not from stations outside of McHenry which can ruin business for other retailers within McHenry. He stated they used to pump a volume of 400 gallons per day of diesel in the past 10 years so if the City is not attracting trucks from outside the area coming into McHenry he doesn’t understand who is purchasing that 400 galls of diesel per day. Mr. Nella opined the addition of the car wash is a great idea and for that aspect he partially agrees with the proposed project. Mr. Joe Folliard, 4700 Oregon Trail, McHenry stated he owns a rental house behind the proposed development. Mr. Folliard stated his tenants are concerned about light pollution and noise pollution. He inquired if there will be a fence and tree buffer on the property. Mr. MacKinnon replied there is a 6’ board on board fence extending along the north property line (very close to the property line) and landscaping there as well. Their intent on the western side is to leave as many trees there as possible to keep it screened. Mr. MacKinnon further stated they actually increased the buffer from 15’, which is required, to 25’. Mr. Folliard asked why they chose McHenry for this state of the art car wash location out of all the areas they could have built. Mr. Heidner stated there are no other car washes of this type in Illinois, he has other businesses in this area, and the traffic counts necessary for this car wash are met in this area. Director of Economic Development Martin stated we do have a tree preservation ordinance and this property would need to comply with that. The City also has multiple noise ordinances which would have to have compliance met as well. The City’s lighting ordinance Planning and Zoning Commission August 24, 2016 Page 16 also must be followed and met and all building will be fully monitored to be within the guidelines of those ordinances. Mr. Folliard asked if there will be any benefit to the neighborhood, such as being allowed to tie into city sewer and water eventually. Director of Economic Development Martin stated that is not a discussion that can be tied to this development’s approval process but one property has already asked to connect to the city and that request has been approved by City Council. Ms. Stephanie Roster, 2105 Country Lane, McHenry asked if the Ricky Rockets in Hoffman Estates has a residential area near or behind it. Mr. Heidner responded there is a 4-story hotel behind it but not a residential area. She is concerned about the volume of noise already taking into consideration accidents and traffic. Ms. Kristy Pahlke, 2103 Country Lane, McHenry stated her concern is the digging which was done when the drainage survey was done asking if the property owners need to worry about drainage issues going into those properties. Mr. MacKinnon stated a drainage survey was not done but rather the City engineer asked for a study to be done to see which way the water was flowing along the property and to check elevations of culverts. Ms. Pahlke stated they have drainage issues in their yard already due to the lower location and that is why they are concerned. She stated they like the barn and would rather it be painted than torn down. Ms. Pahlke asked about the possible northern parking lot and when it will be built. Mr. MacKinnon stated neither the City nor the developer believe that particular parking area will need to be graded anytime in the near future. There is no definite plan for anything to be done on that area of the property at the present time. Mr. MacKinnon added they will be tying into IDOT storm sewer and will take all the water from the site and taking it south of Route 120. Mr. Tom Jacobs, 1400 Eastwood Lane, McHenry stated he is concerned with the brightness of a 24-hour retail fueling center station disrupting the neighborhood. Mr. MacKinnon replied with led lighting each bulb can be angled to point away from the neighborhood and all canopy lighting is recessed and is much easier on the eyes than older glaring fixtures at older centers, so there should not be an issue with light pollution. Mr. Matt Fredrickson, 2213 Country Lane, McHenry asked if drivers coming North on Chapel Hill Rd will be able to turn left into the center. If they will not, he asked if they will probably then turn left onto Country Lane to make a u-turn. He asked how that can be addressed from a safety standpoint because there are a lot of children in the neighborhood. Mr. MacKinnon stated most customers are repeat customers and the number of people who will be from out of town should be minimal. Mr. Werthmann stated there will be a direct access off of Route 120 which should alleviate anyone making the mistake of turning on Chapel Hill Rd. and having to do a u-turn. Mr. Fredrickson asked if there is a possibility of signs being put in for no U-turns or turn arounds on Country Lane. Mr. MacKinnon agreed signage would be a good idea and will address it with the County suggesting signage as requested. Planning and Zoning Commission August 24, 2016 Page 17 Chairman Strach closed the public comment portion of the hearing at 9:10 p.m. Director of Economic Development Director Martin stated he heard the developer agree to temporary parking signs with hours for the trucks, delivery times being posted for no overnight deliveries and restricted delivery times, and no turn around signs addressed with the county for homes on Country Lane which is dictated by County DOT approval. He stated these conditions can be put under conditional use permits and can be added by motion if needed. A fence around the detention pond is not under City requirements but will be dictated by rules of the McHenry Stormwater Ordinance. Commissioner Doherty stated if the car wash hours are 6am-10pm he is concerned with the noise from the wash and the vacuums. Mr. MacKinnon stated the vacuums are located on the west side of the development. Vacuum hours will be the same as the car wash hours and are free with a car wash and will turn off automatically at closing time. Director of Economic Development Martin stated all city ordinances will need to be followed and noise will be tested and monitored in inspections and as the plans are reviewed to be sure all city ordinances are followed. Commissioner Doherty stated another car wash in town has blowers loud enough to be heard inside the restaurant establishment next door as if they are right next to the patrons. Chairman Strach replied the restaurant’s rooftop air conditioner might be able to be heard at the car wash next door as well but that both/all establishments must meet the city’s codes and ordinances and this development is no exception. Commissioner Doherty asked if it is possible to put the stormwater detention underground to create more space for more light buffer hedges to be installed. Director of Economic Development Martin stated again that the development must follow and adhere to the lighting ordinance and there will be a hedgerow in place for vehicles exiting the car wash so there shouldn’t be a problem. Mr. MacKinnon added the only reason they are requesting the landscape setback in the southeast portion of the site is that the parking lot for Riverside Chocolate Factory is being accommodated for expansion and their garden is also being accommodated to stay in place so they are building their plans around it. He observed there is no need for additional screening because the garden serves a beautiful purpose and it already provides additional screening. Commissioner Meyer stated he believes they need to trust the City staff to be sure the ordinances are complied with and to monitored and bring the discussion back to matters regarding the approval process. Commissioner Miller asked if the lights at the car wash be off when it is closed. Mr. Heidner stated thee will be low-lighting when the car wash is closed. Commissioner Miller stated she agreed that would be a good idea. Commissioner Doherty asked if they are using reclaimed water and if there will be an 8” main or 12” main. Mr. MacKinnon stated the water main extension from Adams will be 12”. Planning and Zoning Commission August 24, 2016 Page 18 Motion by Meyer, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-899, approval of the Preliminary Plat of Subdivision entitled: “Final Plat Subdivision Heidner Properties Subdivision” prepared by Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting of one page with the following conditions: • Final Plat of Subdivision must be presented to the Planning and Zoning Commission at a future date following incorporation of all comments made by the Illinois Department of Transportation (first review forthcoming); HRGreen; City Staff and the McHenry County Division of Transportation and to ensure Final Plat of Subdivision is in substantial conformance with the preliminary plat submitted herein; this will also follow City Council review of the preliminary plat; • Reference to Nunda Township must be eliminated and Plat labeled Preliminary and not Final. • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. in a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmittal to the City Engineer has been made); • Compliance and/or disposition statement(s) to comments submitted by McHenry County Highway Division in a letter to Mr. Michael A. Werthmann, P.E. dated 7/28/16 and consisting of three pages; • Cross Access and Parking Easement Language, referenced for the benefit of Lots 1 and 2 on the proposed “Final Plat Subdivision Heidner Properties Subdivision,” shall be included on a revised preliminary plat-and reference the Riverside Chocolate Factory site in addition to proposed Lots 1 and 2, and submitted prior to City Council consideration of the Preliminary Subdivision Plat; • Interior directional signage plan shall be submitted. (Directional signs be placed at locations to the north and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other internal directional signs for parking adjacent to the Riverside Chocolate Factory). Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: Doherty. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Planning and Zoning Commission August 24, 2016 Page 19 Commissioner Doherty stated his vote was a result of his concern with noise for the residents to the north and the full access on Route 120 being dangerous. Motion by Thacker, seconded by Meyer, to recommend to the City Council with regard to File No. Z-899, approval of a Conditional Use Permit to allow an automobile fueling station and drive-in establishment associated with and automobile wash and Conditional Use Permit to allow a drive-in establishment as part of a freestanding multi-tenant retail building subject to the following conditions, as amended: • The project is developed in accordance with the Improvement Plans prepared by Manhard Consulting LTD dated 6/14/16 with a latest revision date of 8/5/16 consisting of thirteen pages, Building Elevations prepared by Corporate Design + Development Group, LLC. dated 5/31/16 with a latest revision date of 6/14/16 consisting of ten pages submitted as part of the Planning and Zoning public hearing application; • There shall be no vehicular access to Country Lane and no paved vehicular access to Country Lane from the subject property; • The existing barn shall not be razed without review by the City of McHenry Landmark Commission; property owner shall work with City of McHenry Landmark Commission to walk-thru the barn; • There will be no overnight parking of commercial trucks nor any truck stop amenities such as showers or a laundry facility; • With the exception of the proposed pedestrian path, the two lots on either side of the existing water tower shall be utilized solely for parking, if required in the future and if utilized for parking must comply with all applicable City of McHenry, ordinances, rules and regulations and a permit must be submitted prior to the construction of any parking on either of these two lots; • As much of the natural vegetation as practicable be maintained along the northern property line adjacent to Eastwood Manor Subdivision; • Compliance and/or disposition statement(s) to the comments submitted by HRGreen and City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary plat and engineering issues, prior to being presented to the City Council for Preliminary Subdivision Plat approval (many comments have been addressed by applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. In a letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmittal to the City Engineer has been made); • The developer will work with the McHenry County DOT on no U-turn or no turn-around signs being added in the neighborhood at Country Lane; • There will be added signage restricting deliveries overnight and restricting other delivery times so as not to disturb the abutting neighborhood; • There will be a parking sign added to the property restricting parking of commercial vehicles to a 3-hour time limit. Planning and Zoning Commission August 24, 2016 Page 20 And Staff finds the requirements set forth in Table 31 have been met. Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: Doherty. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Commissioner Doherty stated the reason for his vote is he does not believe the land banked parking that is shown should be allowed. Motion by Sobotta, seconded by Miller, to recommend to the City Council with regard to File No. Z-899, approval of the following variances: • Eighteen space parking Variance from the off-street parking and loading requirements; • Variance to allow multiple principal buildings and land uses on one zoning lot (convenience store an automobile washing facility); • Variance from the minimum spacing requirement between service stations; • Variance from the 10-foot parking screening strip requirement (for the southeast corner of the site-parking adjacent to Riverside Chocolate Factory). Subject to the following conditions: • A hedge row of low growing evergreen shrubs be planted along the Route 120 and Chapel Hill Road frontage for the 8,400 square-foot retail building, to screen headlights onto 120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings; • Board-on Board fence shall be extended along the entire length of the northern properly line; And Staff finds the requirements set forth in Table 32 have been met. Commissioner Doherty recused himself from the vote. Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: Doherty Absent: None. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-899 at 9:30 p.m. Planning and Zoning Commission August 24, 2016 Page 21 Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, September 21, 2016. Adjournment Motion by Sobotta, seconded by Meyer, to adjourn the meeting at 9:35 p.m. Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 9:35 p.m. Respectfully submitted, __________________________________ Dorothy M. Wolf, Administrative Assistant City of McHenry