HomeMy WebLinkAboutMinutes - 06/17/2015 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
June 17, 2015
Chairman Strach called the June 17, 2015 regularly scheduled meeting of the City of McHenry Planning
and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Bromley,
Nadeau, Strach, and Thacker. Absent: Vallez, Sobotta. Also in attendance were: Director of Economic
Development Martin, City Attorney Cahill, and Planning and Zoning Secretary Wolf.
No one signed in to speak during Public Input.
Approval of Minutes
Motion by Nadeau, seconded by Doherty, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
May 13, 2015 regularly scheduled meeting.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0.
Public Hearing: McHenry Elementary School District 15
File No. Z-862
701 N. Green Street
Conditional Use Permit to allow an assembly use (educational institution) and
proposed addition totaling approximately 11,200 square feet and any variances
required to effectuate the aforementioned request (Edgebrook School)
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 862, an application
for a conditional use permit to allow an assembly use (educational institution) and proposed addition
totaling approximately 11,200 square feet and any variances required to effectuate the aforementioned
request on the subject property as submitted by McHenry Elementary School District 15 for the property
located at 701 N. Green St., McHenry, IL (Edgebrook School).
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 2,
2015. 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:
Mark Bertolozzi, McHenry School District 15 CFO, 1011 N. Green St. McHenry IL 60050
Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St. McHenry, IL 60050
Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148
who were sworn in by Chairman Strach.
Planning and Zoning Commission
June 17, 2015
Page 2
Mr. Bertolozzi provided a summary of the request before the Commission at this Hearing stating
a conditional use permit is being requested to build a 11,200 sq. ft. addition. Three mobile classrooms
will be demolished and the addition will house new classrooms.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject property contains several parcels which are zoned RS-3 Medium-High Density
Single-Family Residential and RS-4 High-Density Single-Family Residential and contains Chauncey H.
Duker School as well as Edgebrook Elementary School, mobile classrooms, parking, a maintenance
building, ball fields, playground and green space areas. The subject of this petition is an approximately
11,200 square-foot addition to the southwest corner of Edgebrook School, replacing three mobile
classrooms. This addition is located on property zoned RS-3.
Mr. Martin further stated that on March 2, 1988 the City Council approved an ordinance granting a
conditional use permit to allow expansions to both Edgebrook Elementary and McHenry Middle Schools.
In 1996 two additional ordinances were approved: the first of which granted a variance to allow four
principal buildings on one zoning lot and the second permitting a conditional use permit to allow the
operation/expansion of an educational facility for McHenry Middle School, now known as Chauncey H.
Duker Middle School. A couple of months ago McHenry Elementary School District 15 received zoning
approval, in the form of conditional use permits, from the City Council for two schools: Chauncey H.
Duker Middle School and Hilltop Elementary School. This is part of the district’s long-range plan to
remove mobile classrooms at all of its schools and construct permanent building additions.
Although a conditional use permit was previously obtained for Edgebrook School the zoning ordinance
requires any addition, expansion or structural alteration to property with an existing conditional use
permit to obtain an additional conditional use permit. Additionally the conditional use permit obtained
in 1988 was for an expansion to Edgebrook School.
There will be no additional parking required and the occupant load of the facility will not change as a
result of the addition. Staff believes this will not adversely impact neighboring properties or public
safety and health. The actual building plans will be reviewed by the Regional Superintendent of
Education’s Office, however, the City will be required to issue a stormwater permit following
consideration of the zoning request by the Planning and Zoning Commission and pending City Council
approval of the request.
Staff is recommending approval of a conditional use permit to allow an assembly use (educational
institution) at 701 N Green Street with the condition the site is developed in substantial conformance
with the site plan prepared by Arcon dated May 13, 2015. Staff finds the requirements of Table 31 of
the zoning ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Nadeau asked if the mobile classrooms could be recycled and sold to another school
district. District 15 Superintendent Hoffman replied they are all very old and unstable and the State has
actually wanted them to remove the mobile classrooms for many years.
Commissioner Doherty asked if the school district has received any comments, negative or positive,
from parents. Mr. Bertolozzi and Mr. Hoffman both replied they are unaware of any negative
Planning and Zoning Commission
June 17, 2015
Page 3
correspondence but have received many positive responses in scheduled meetings they’ve had with
parents.
Commissioner Thacker inquired when construction would begin. Mr. Bertolozzi replied construction on
these buildings will most likely start in September and be complete by next May. The requests
submitted previously for the other two schools are starting now.
Commissioner Nadeau inquired if there are any rain, water, or detention concerns with this request.
Director of Economic Development Martin replied there are no additional impervious surfaces and those
situations will be monitored..
Chairman Strach opened the floor to questions and comments from the audience. Mr. Tom Uttich, 712
Green St., McHenry, IL stated he was hopeful no changes will be made to the present freestanding sign
at Edgebrook school. Mr. Bertolozzi replied no changes to the sign are planned at this time. Chairman
Strach closed the public comment portion of the hearing at 7:41 p.m.
Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z-
862, an application for a conditional use permit to allow an assembly use (educational institution) and
proposed addition totaling approximately 11,200 square feet with the condition the site is developed in
substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and any variances
required to effectuate the aforementioned request on the subject property located at 701 N. Green St.,
McHenry, IL (Edgebrook School) as presented by applicant McHenry Elementary School District 15 be
granted, and that Table 31, of the Zoning Ordinance, has been met.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0.
Chairman Strach closed the Public Hearing regarding File No. Z-862 at 7:45 p.m.
Public Hearing: McHenry Elementary School District 15
File No. Z-863
6515 Illinois Route 120
Conditional Use Permit to allow an assembly use (educational institution) and proposed
additions totaling approximately 14,130 square feet, a parking lot expansion and any
variances required to effectuate the aforementioned request (Valley View School)
Chairman Strach called the Public Hearing to order at 7:46 p.m. regarding File No Z- 863, an application
for a conditional use permit to allow an assembly use (educational institution) and proposed addition
totaling approximately 14,130 square feet, a parking lot expansion and any variances required to
effectuate the aforementioned request on the subject property as submitted by McHenry Elementary
School District 15 for the property located at 6515 Illinois Route 120., McHenry, IL (Valley View School).
Planning and Zoning Commission
June 17, 2015
Page 4
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 2,
2015. 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:
Mark Bertolozzi, McHenry School District 15 CFO, 1011 N. Green St. McHenry IL 60050
Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St. McHenry, IL 60050
Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148
who were sworn in by Chairman Strach.
Mr. Bertolozzi provided a summary of the request before the Commission at this Hearing stating
a conditional use permit is being requested to build a 14,130 sq. ft. addition. Seven mobile classrooms
will be demolished and the addition will house new classrooms. A parking lot expansion is also
proposed.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject of this petition is two proposed building additions totaling approximately
14,130, as well as a 46 space parking lot expansion. A 4,280 square-foot addition is proposed at the
northeast corner of the school as well as a 9,850 square-foot addition at the southwest part of the
school and the parking lot expansion is proposed at the northeast corner of the property as depicted on
the site plan.
McHenry Elementary School District 15 is currently in the process of a long-range plan to remove mobile
classrooms at all of its schools by adding building additions. The first two additions were already
approved, at Chauncey H. Duker Middle School and the second at Hilltop Elementary School. The
proposed addition, which is the subject of this request, is at Valley View Elementary School on Illinois
Route 120 adjacent to the gravel pit/mining operation. The City’s zoning ordinance classifies schools as
assembly uses, and assembly uses are conditional uses in all residential zoning districts.
While the Valley View property was annexed to the City of McHenry in the year 2000 a conditional use
permit was never obtained so one is being requested at this time.
Two building additions are proposed to replace a total of seven mobile classrooms and 46 parking
spaces are being added at the northeast part of the site. Staff believes the additions will not adversely
impact neighboring properties or public safety and health. The actual building plans will be reviewed by
the Regional Superintendent of Education’s Office, however, the City will be required to issue a
stormwater permit for the building additions and parking lot expansion following consideration of the
zoning request by the Planning and Zoning Commission and pending City Council approval of the
request.
Staff is recommending approval of a conditional use permit to allow an assembly use (educational
institution) at 6515 Illinois Route 120 with the conditions the site is developed in substantial
conformance with the site plan prepared by Arcon dated May 13, 2015 and the parking lot expansion
complies with the City’s off-street parking and loading ordinance (space/aisle dimensional
specifications) as well as the Illinois Accessibility Code which dictates number of handicapped accessible
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June 17, 2015
Page 5
spaces which will be required and how these spaces are configured, striped and signed. Staff finds the
requirements of Table 31 of the zoning ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Bromley noted the plans depict four new mobile classrooms on the property and inquired
if that was correct. Mr. Bertolozzi responded the new mobile classrooms are temporary and need to be
used for classroom space only while construction is in progress.
Commissioner Doherty inquired whether the student growth rate for the last 10 years has gone up or
down. Superintendent Hoffman stated it has generally declined but this particular school has remained
stable.
Commissioner Nadeau began a discussion on construction being disruptive to student learning and
safety of the students during recess etc. Mr. Strejc responded highlighting their plan to keep student
disruption at a minimum.
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 Bromley, seconded by Thacker, to recommend to the City Council with regard to File No. Z-
863, an application for a conditional use permit to allow an assembly use (educational institution) and
proposed addition totaling approximately 14,130 square feet, with the conditions the site is developed
in substantial conformance with the site plan prepared by Arcon dated May 13, 2015, and a parking lot
expansion, with the condition the parking lot expansion complies with the City’s off-street parking and
loading ordinance (space/aisle dimensional specifications) as well as the Illinois Accessibility Code which
dictates number of handicapped accessible spaces which will be required and how these spaces are
configured, striped and signed, and any variances required to effectuate the aforementioned request
on the subject property located at 6515 Illinois Route 120., McHenry, IL (Valley View School) as
presented by applicant McHenry Elementary School District 15, be granted, and that Table 31, of the
Zoning Ordinance, has been met.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0.
Chairman Strach closed the Public Hearing regarding File No. Z-862 at 7:52 p.m.
Planning and Zoning Commission
June 17, 2015
Page 6
File No. Z-866
1620 N. Riverside Drive
Variances from the Subdivision Control and Development Ordinance
In attendance were Michael and Mary Chambers, 1620 N. Riverside Dr, McHenry, IL owners of the
property at 1620 N. Riverside Drive, regarding the request for variances from the subdivision control and
development ordinance for their property. Mr. Chambers summarized his request to expand his
existing driveway to a horseshoe configuration so vehicles can safely and easily turn around on the
property without backing into traffic on Riverside Drive.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
noting the applicant is proposing to construct a horseshoe-style driveway and is seeking a second
driveway cut onto Riverside Drive. On January 17, 2013 the Commission considered a similar request for
the property located at 1506 N Richmond Road. This request was subsequently approved by the City
Council.
In order to construct a second driveway cut at the subject property two variances from the Subdivision
Control and Development Ordinance are required: variance from the 100’ total frontage requirement
for two driveway cuts and a variance from the 50’ separation requirement between two driveway cuts.
The variances must be considered by the Planning and Zoning Commission at a public meeting and the
Planning and Zoning Commission recommendation is subsequently forwarded to the City Council.
The subject property is located along north Riverside Drive, and the applicant is requesting the driveway
variances to expand the existing driveway so vehicles can easily turn around on the property. Currently,
vehicles must back into traffic on Riverside Drive. Expanding the driveway in a horseshoe configuration
is the most practical remedy for vehicles to exit safely onto Riverside Drive. The properties at 1610 N
Riverside and 1512 N Riverside Drive have similar horseshoe-style driveways.
Staff believes the applicant has a major hardship and the two variances are justifiable. There is not
enough land area between the house and Riverside Drive to expand the current driveway and provide
an adequate space to turn vehicles around. Additionally, backing onto Riverside Drive at this location
can be dangerous given the amount of traffic on the roadway. The two variances being requested relate
to space constraints on the property.
The current lot frontage is approximately 75’ and the proposed separation between the two driveway
cuts is about 31’. The ordinance requires a minimum of 100’ of lot frontage and a minimum separation
of 50’ between the two driveway cuts. The applicant complies with the third requirement for having
multiple driveway cuts, which is maintaining a five-foot setback from the side lot line.
There are specific criteria which must be satisfied in order to grant a variance from the requirements of
the subdivision control and development ordinance and although there are existing driveway
configurations similar to the one being proposed on Riverside Drive, staff believes the criteria have been
met and recommends approval of the requested variances.
Staff is recommending approval of a variance from the 100’ frontage requirement for two driveway cuts
and approval of a variance from the 50’ separation requirement between two driveways with the
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June 17, 2015
Page 7
condition the site is developed in substantial accordance with the conceptual plan prepared on the
survey by Luco Construction March 25, 2015.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Nadeau inquired how many extra cars could be parked in the new configuration and
whether it would be wide enough. Mr. Chambers replied they could park possibly four cars and the
driveway was wide enough. He stated they are not looking for double parking but for safety Currently
extra cars visiting park on the west side of street and it can be pretty dangerous to cross the street to
the house. He additionally stated backing out of the driveway is very difficult during certain hours of the
day. The new configuration will also add some curb appeal to the property.
Commissioner Doherty stated he did a site inspection and it appeared the change will look very
appealing aesthetically.
Commissioner Bromley asked if there were landscaping plans as there could be line of sight concerns
with the variance. Mr. Chambes stated his wife is a landscape designer and everything will be designed
to be low and pleasing, using more of groundcover and plants that are salt tolerant.
Chairman Strach opened the floor to questions and comments from the audience. He noted there was
no one in the audience who wished to address the commission on this matter. The public comment
portion of the meeting was closed at 8:00 p.m.
Motion by Nadeau, seconded by Doherty, to recommend to City Council approval of the following
variances:
Variance from the 100’ frontage requirement for two driveway cuts;
Variance from the 50’ separation requirement between two driveways;
for the property located at 1620 N. Riverside Drive, with the condition the site is developed in
substantial accordance with the conceptual plan prepared on the survey by Luco Construction March 25,
2015, as presented.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0.
Chairman Strach closed the discussion regarding file No. Z-866 at 8:02 p.m.
Planning and Zoning Commission
June 17, 2015
Page 8
Public Hearing: Pat Summers
File No. Z-865
1406 N. Riverside Drive
Conditional use permit to allow a restaurant with outdoor seating and
outdoor service of alcohol and any other variances required to
effectuate the aforementioned request
Chairman Strach called the Public Hearing to order at 8:05p.m. regarding File No Z-865 an application for
a Conditional use permit to allow a restaurant with outdoor seating and outdoor service of alcohol and
any other variances required to effectuate the aforementioned request as submitted by Pat Summers
for the property located at 1406 N. Riverside Drive (After the Fox).
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 2,
2015. 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 Pat Summers, 1406 N. Riverside, McHenry, IL, owner of the property, and Steve
Freund, 1417 Charnbrook Dr., McHenry, IL, contractor, who were sworn in by Chairman Strach and
provided a summary of the request before the Commission at this Hearing stating Mr. Summers wants
to expand the outdoor deck seating for the restaurant for patrons to enjoy during the summer season.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject property is currently zoned C-4 Downtown Commercial and contains a
restaurant with outdoor seating. After the Fox Restaurant, located at 1406 N Riverside Drive, is
requesting a conditional use permit to allow the expansion to their existing outdoor seating area which
is directly adjacent to the Fox River. The expansion includes a 13’ X 16’ (208 square foot) deck. The City
Council approved a temporary use permit on May 18, 2015 to permit the expansion of the outdoor
seating area. Subsequently a building permit was obtained and the deck was constructed.
The applicant understands the temporary use permit terminates on September 1, 2015 if a conditional
use permit is not approved and the expanded outdoor seating area cannot be utilized if permanent
approval is not granted. A temporary use permit was sought to allow the restaurateur to capitalize on
the warm weather as outdoor seating is a very desirable amenity for patrons particularly at restaurants.
Similar temporary use permit requests have been authorized in the past followed by permanent
approvals being granted, including Chain O’ Lakes Brewing Company, located at 3425 Pearl Street, which
was granted a temporary use permit to allow the outdoor sale of beer and food along with outdoor
seating and live entertainment. Similar to the applicant of this request, the owner of Chain O’ Lakes
Brewing appeared before the Planning and Zoning Commission and was subsequently granted approval
by the City Council to allow outdoor seating and sale of food and alcohol as well as live entertainment
permanently.
The proposed outdoor seating expansion at 1406 N Riverside Drive is consistent with the overall plan for
the downtown area, as well as complimentary to the future expansion of the McHenry Riverwalk. The
applicant is not proposing any type of outdoor entertainment. Access to the outdoor seating area is
limited to boaters entering from the Fox River or patrons walking through the inside of the restaurant.
Planning and Zoning Commission
June 17, 2015
Page 9
Patrons cannot access the outdoor seating area from the north or south as there are existing fences, and
staff will include a condition ensuring access to and from the north and south is restricted in perpetuity.
The property is currently zoned C-4 Downtown Commercial and is surrounded by C-4 zoned properties
on the north, west and south sides, and the Fox River to the east. Due to the expansion of the outdoor
seating area and the fact a conditional use permit was never obtained, any addition, enlargement or
structural alteration to an existing non-conforming use requires the property to comply with the zoning
ordinance; thus in this instance, a conditional use permit is required. Staff believes the proposed use is
appropriate, particularly in a downtown setting, as it will enhance the existing business and complement
the future expansion of the McHenry Riverwalk.
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-4 zoning
district.
Staff recommends approval of a conditional use permit to allow a restaurant with outdoor seating and
outdoor service of food and alcohol and any other variances required to effectuate the aforementioned
request with the following conditions:
1. Outdoor entertainment is prohibited unless an amendment to this conditional use permit or
temporary use permit is sought and approved;
2. Access to the outdoor seating area shall be perpetually restricted to and from the north and
south.
Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Nadeau asked what the hours of the restaurant are typically. Mr. Summers stated they
are basically open at 11:00 a.m. but at 10:00 a.m. on Sundays. He further stated they typically close by
midnight and are not planning on offering outside entertainment.
Commissioner Bromley asked if any changes were being made to the space already utilized of if they
were simply just adding a couple more tables. Mr. Summers replied they have just added two tables to
the outside deck area.
Chairman Strach opened the floor to questions and comments from the audience. There was nobody in
attendance who wished to address the Commission regarding this matter. Chairman Strach closed the
public comment portion of the hearing at 8:10p.m
Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z-
865, an application for a Conditional use permit to allow a restaurant with outdoor seating and outdoor
service of alcohol and any other variances required to effectuate the aforementioned request on the
property located at 1406 N. Riverside Dr., McHenry, IL as presented by applicant Pat Summers, with the
following conditions:
Planning and Zoning Commission
June 17, 2015
Page 10
1. Outdoor entertainment is prohibited unless an amendment to this conditional use permit or
temporary use permit is sought and approved;
2. Access to the outdoor seating area shall be perpetually restricted to and from the north and
south.
be granted, and that Table 31, of the Zoning Ordinance, has been met.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0.
Chairman Strach closed the Public Hearing regarding File No. Z-865 at 8:12 p.m.
Public Hearing: The Chapel
File No. Z-864
1809 S. Illinois Route 31
Conditional use permit to allow an assembly use including a one-night/week
Use as a PADS (Public Action to Deliver Shelter) site
Chairman Strach called the Public Hearing to order at 8:13 p.m. regarding File No Z-864 an application
for a conditional use permit to allow an assembly use including a one-night/week use as a PADS (Public
Action to Deliver Shelter) site as submitted by the Chapel for the property located at 1809 S. Illinois
Route 31.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on May 30,
2015. 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 Mr. Jeff Pittman, 313 S. Cross Trail, McHenry, IL, Campus Pastor of the Chapel in
McHenry, who was sworn in by Chairman Strach and provided a summary of the request before the
Commission at this Hearing stating they have been in the community for about 5 years. Mr. Pittman
stated The Chapel originally planned to build a church on land at 414 S. Crystal Lake Rd., but since that
property was purchased an opportunity to obtain the property at 1809 S. Route 31 became available to
them which already has an existing building on it that will save them money to renovate rather than
building a new facility from the ground up. He stated they plan on selling the land on Crystal Lake Rd. to
help fund renovations on the new property. Mr. Pittman also stated they are open to being a PADS
location on a weekly rotation in the future at the new church facility. They are in the process of being
annexed into the City of McHenry and will need a conditional use for assembly use once the annexation
is complete. Mr. Pittman stated they love the McHenry community and it is their desire to continue to
be a blessing to the community, which includes being a good neighbor.
Planning and Zoning Commission
June 17, 2015
Page 11
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating the property is zoned I-1 Industrial in unincorporated McHenry County and contains a one-story
53,000 square-foot building constructed in 1967.
The Chapel currently holds worship services at McHenry High School West Campus, and they have done
so for the past several years. The Chapel appeared before the Planning and Zoning Commission on July
25, 2013 to obtain a conditional use permit to allow an assembly use to construct a new church building.
The City Council authorized execution of an annexation agreement, approved an ordinance annexing the
property, and granted a conditional use permit to allow an assembly use. The Chapel subsequently
purchased the property located at 414 S Crystal Lake Road (Koehn Farm).
In the interim The Chapel was provided an opportunity to locate in an existing building, 1809 South
Illinois Route 31, and have decided to pursue the annexation of this property to the City of McHenry
(consisting of approximately 4.71 acres), renovation of the existing building, and eventually hold services
at 1809 South Illinois Route 31. Currently, the Chapel is utilizing the building, formerly occupied by
Tonerhead, for administrative space as well as small group functions. If approved, The Chapel intends to
continue to utilize the building in the aforementioned manner and when they raise enough funds to
complete interior and exterior alterations, hook-up to City sewer and water, and install sprinklers they
will have a permanent facility and discontinue holding services at McHenry West High School.
In accordance with the building code, as long as no more than 50 people occupy the building at 1809
South Illinois Route 31 at any one time The Chapel can continue to utilize it for administrative space and
holding small group functions. Staff and McHenry Township Fire Protection District have walked-
through the building and are comfortable with this plan moving forward.
Similar to the Koehn Farm the property located at 1809 South Illinois Route 31 is currently located in
unincorporated McHenry County so annexation to the City is required. Staff is working with the Chapel
on an annexation agreement for this property, which will be presented to the City Council. If annexed,
the property will automatically be zoned E Estate District. A conditional use permit is required,
however, for an assembly use and as part of this request The Chapel is seeking approval to possibly
serve as an overnight Public Action to Deliver Shelter (PADS) site one night/week.
Assembly uses include religious institutions in addition to any other type of larger gathering place. The
Chapel is proposing to renovate the existing building and construct a church facility, with a seating
capacity of approximately 460 people. Two hundred twenty-seven parking spaces are depicted on the
site plan. An assembly use of this type requires .25 spaces/person design capacity of the facility. The
site plan depicts the majority of the parking west of the existing building with a driveway wrapping
around the entire building. Currently, there are three access points onto Illinois Route 31 from the
subject property.
Staff believes this is an appropriate location for this type of assembly use which will not adversely
impact neighboring properties or public safety and health. It is staff’s belief the use will not require any
additional public services and is compatible with the surrounding area and easily accessible off of a state
roadway. In reviewing criteria for a conditional use permit, staff’s primary concern is the traffic which
will be generated from the use during the proposed service times as well as providing safe ingress and
egress to and from the subject property. The applicant has submitted a traffic study. The traffic study
analyzes traffic flow assuming The Chapel will hold two services on Sunday morning and minimal
Planning and Zoning Commission
June 17, 2015
Page 12
activities during the week. The study recommends Illinois Route 31 be restriped to provide a two-way
left-turn lane to serve the site and Waste Management facility immediately to the north. It should be
noted the Illinois Department of Transportation has jurisdiction over Illinois Route 31 and will dictate
what off-site roadway improvements should be completed and how the existing and new access points
should be designed. A traffic signal is planned at Veterans Parkway and Illinois Route 31 and will be
installed when the warrants for the signal are met. The traffic signal was included as part of the
annexation agreement which annexed 90 acres to the east and north of the subject property. This
includes Morgan Hill Subdivision and Prairie Pointe Business Park.
The Illinois Department of Transportation is also undergoing a long-term roadway improvement plan for
Route 31 from Illinois Route 176 to the south to Illinois Route 120 to the north. Staff has recommended
The Chapel obtain an access easement from Waste Management to have the ability to access the traffic
signal upon installation at Veterans Parkway and Illinois Route 31. The Chapel property and Waste
Management site are currently interconnected and accessing a future signal would benefit The Chapel
and be utilized primarily when Waste Management is not operating at full capacity-on the weekend.
It is the intent of The Chapel to connect to City sewer and water and install a sprinkler system at such
time the building renovations are undertaken. When these renovations are done all applicable City
ordinances will be required to be met, including building, zoning and stormwater.
There some property maintenance items which staff recommends are completed immediately or at
minimum in a timely manner. These deal primarily with weed and trash removal; relocation of the
dumpsters, and ensuring adequate parking lot lighting is in place. Staff is also recommending one of the
two freestanding signs be removed.
The Chapel has been a great partner with the City, has been extremely cooperative and worked very
well with the City in preparing the property previously annexed and cooperating with abutting property
owners in cleaning up the site at 414 Crystal Lake Road, razing the existing structures, removing brush
and trimming trees, etc. Chapel staff has been very responsive to all concerns staff has raised.
Additionally, staff has been working with The Chapel on the site at 1809 S Illinois Route 31 for several
months and supports the proposed conditional use at 1809 S Illinois Route 31.
Staff recommends approval of a conditional use permit to allow an assembly use, including a one-
night/week use as a PADS (Public Action to Deliver Shelter) site, at 1809 South Illinois Route 31 with the
following conditions:
• The site is developed in substantial conformance with the site plan prepared by Skiffington
Architects, LTD dated 9/25/14;
• An annexation agreement be negotiated and presented to the City Council contemporaneously
with this zoning request;
• One freestanding sign be removed from subject property within 90 days of annexation
approval by the City Council;
• The building on the subject property shall only be utilized, following a walk-thru inspection, if
50 people or less are inside at any one time until such time the interior renovations are
completed and the building is prepared and inspected to be utilized as a permanent church
facility;
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June 17, 2015
Page 13
• Applicant shall contact the Illinois Department of Transportation and submit an approval letter
from IDOT permitting the use of the building in the short-term (50 people or less) within 90
days of annexation approval by the City Council;
• All off-site and on-site (access and roadway) improvements shall be in accordance with the
requirements of IDOT;
• Applicant shall dedicate any right-of-way required for long-term roadway improvements to
Illinois Route 31; dedication shall be made to the City free and clear of any liens and
encumbrances and a plat of dedication shall be submitted to the City for recordation; City will
work with applicant and IDOT to determine amount of right-of-way which may be required;
• Applicant shall make every effort to obtain a cross-access easement from Waste Management
to facilitate access to the future traffic signal at Veterans Parkway and Illinois Route 31;
• Property maintenance issues including: weed and trash and debris removal, parking lot
patching and restriping to accommodate use of the building for 50 people or less, shall be
completed within 90 days following annexation approval by the City Council;
• Dumpsters on north side of building shall be relocated to the west of the building in the short-
term, within 90 days following City Council approval, and when building renovations occur all
dumpsters shall be fully enclosed and screened, in addition to all mechanical equipment, in
accordance with City ordinances;
• All existing lighting standards shall be tested to ensure the minimum parking lot lighting
requirements, outlined in the City’s zoning ordinance, are met within 90 days of City Council
approval of the annexation;
• Following completion of interior and exterior building renovations and prior to a certificate of
occupancy being issued on the subject property for an assembly use, the existing well and
septic systems shall be abandoned and sewer and water shall be extended to the subject
property; sewer shall be extended along the entire frontage of the eastern property line with
stubs to the north and south and appropriate permits from the City, IEPA, IDOT and McHenry
County Department of Health shall be obtained;
• Following completion of interior and exterior building renovations and prior to a certificate of
occupancy being issued on the subject property for an assembly use all City ordinances shall be
followed and complied with including but not limited to: zoning, building and stormwater;
• The building shall not be utilized as an overnight PADS site until a final certificate of occupancy
is approved by the City, following complete renovations to the building.
Staff finds the requirements of Table 31 of the zoning ordinance have been met. Deputy of Economic
Development Martin stated Mr. Pittman had a concern with the timing allowed to clean up the property
maintenance issues and relocation of the dumpsters noting that staff was open to suggestions at this
hearing to reach a compromise on these two conditions.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Bromley asked for verification that the Chapel is not relocating their church services to
this building yet but simply using it for small group meetings. Mr. Pittman replied that is correct, the
space is only being used for youth groups and meetings for now until renovations are completed.
Church services will not move to the new building until that time.
Commissioner Bromley expressed safety concerns with the site being used as a PADS site and inquired
what the process was to become a PADS site. Mr. Pittman replied they are only beginning the process
Planning and Zoning Commission
June 17, 2015
Page 14
of researching the requirements and that nothing will happen until the facility is fully renovated and
safe, and that is conditioned on the Chapel being accepted as a PADS site. Director of Economic
Development Martin stated they are requesting the ability for PADS to be housed in the building just
one night a week. The parking plan does allow excess space for PADS usage.
Commissioner Doherty expressed concern for the safety of a PADS site in relation to sidewalks, inquiring
if they were included in the plan along Route 31 at least to the traffic signal. Director of Economic
Development Martin stated everything is conditioned on the Chapel working with IDOT, but presently
there is no plan asking for offsite sidewalks.
Chairman Strach opened the floor to questions and comments from the audience. Mr. Ryan McGuire,
801 N Jefferson Street, Harvard, IL 60003, was sworn in by Chairman Strach prior to addressing the
Commission stating he manages the property at 1811 S. Route 31 and the owners of that property asked
him to get information on the subject property being used as a PADS site. Their concerns were mainly
regarding the number of people that would be serviced, transportation, hours and days of operation
and construction safety. He stated they believe the shelter would be good for the community and only
want to be educated on the process.
Director of Economic Development Martin reiterated the request for PADS is only for one night a week
and the exact day cannot be known at this time. He further stated that parking and safety issues will be
scrutinized. Mr. Martin stated the City of McHenry has had other Host PADS sites throughout the years
with no known issues.
Director of Economic Development Martin stated the subject property is a good site due to its
accessibility but agreed the road is quite busy. Mr. Pittman state PADS sites only operate in the winter
and further stated they have indicated they are only open to being a site and nothing is definite. They
are just in the exploratory stage and there is a possibility they will not be accepted as a PADS site. He
stated they are also concerned with safety and accessibility. Director of Economic Development Martin
stated at one time he volunteered at a PADS shelter in Schaumburg and clients were in by 7:00 p.m. and
out by 7:00 a.m. Addressing Mr. McGuire, Mr. Martin exchanged information and stated he would
providea conceptual site plan and staff report to him.
Chairman Strach closed the public comment portion of the hearing at 8:30 p.m
Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z-
864, an application for a conditional use permit to allow an assembly use including a one-night/week
use as a PADS (Public Action to Deliver Shelter) site on the property located at 1809 S. Illinois Route 31,
as presented by applicant The Chapel, with the following conditions, as amended:
• The site is developed in substantial conformance with the site plan prepared by Skiffington
Architects, LTD dated 9/25/14;
• An annexation agreement be negotiated and presented to the City Council contemporaneously
with this zoning request;
• One freestanding sign be removed from subject property within 90 days of annexation
approval by the City Council;
• The building on the subject property shall only be utilized, following a walk-thru inspection, if
50 people or less are inside at any one time until such time the interior renovations are
Planning and Zoning Commission
June 17, 2015
Page 15
completed and the building is prepared and inspected to be utilized as a permanent church
facility;
• Applicant shall contact the Illinois Department of Transportation and submit an approval letter
from IDOT permitting the use of the building in the short-term (50 people or less) within 90
days of annexation approval by the City Council;
• All off-site and on-site (access and roadway) improvements shall be in accordance with the
requirements of IDOT;
• Applicant shall dedicate any right-of-way required for long-term roadway improvements to
Illinois Route 31; dedication shall be made to the City free and clear of any liens and
encumbrances and a plat of dedication shall be submitted to the City for recordation; City will
work with applicant and IDOT to determine amount of right-of-way which may be required;
• Applicant shall make every effort to obtain a cross-access easement from Waste Management
to facilitate access to the future traffic signal at Veterans Parkway and Illinois Route 31;
• Property maintenance issues including: weed and trash and debris removal shall be completed
within 90 days following annexation approval by the City Council;
• Parking lot patching and restriping to accommodate use of the building for 50 people or less,
shall be completed following annexation approval by the City Council and when building
renovations are completed but before a certificate of occupancy is issued;
• Dumpsters on north side of building shall be relocated to the west of the building when
building renovations occur and all dumpsters shall be fully enclosed and screened, in addition
to all mechanical equipment, in accordance with City ordinances;
• All existing lighting standards shall be tested to ensure the minimum parking lot lighting
requirements, outlined in the City’s zoning ordinance, are met within 90 days of City Council
approval of the annexation;
• Following completion of interior and exterior building renovations and prior to a certificate of
occupancy being issued on the subject property for an assembly use, the existing well and
septic systems shall be abandoned and sewer and water shall be extended to the subject
property; sewer shall be extended along the entire frontage of the eastern property line with
stubs to the north and south and appropriate permits from the City, IEPA, IDOT and McHenry
County Department of Health shall be obtained;
• Following completion of interior and exterior building renovations and prior to a certificate of
occupancy being issued on the subject property for an assembly use all City ordinances shall be
followed and complied with including but not limited to: zoning, building and stormwater;
• The building shall not be utilized as an overnight PADS site until a final certificate of occupancy
is approved by the City, following complete renovations to the building.
be granted, and that Table 31, of the Zoning Ordinance, has been met.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0.
Chairman Strach closed the Public Hearing regarding File No. Z-864 at 8:35 p.m.
Planning and Zoning Commission
June 17, 2015
Page 16
Consideration and Action on a
Resolution amending the 2015 Planning and Zoning
Commission Meeting Schedule
Deputy City Administrator Martin presented a revised schedule for the remainder of the 2015 Planning
and Zoning meeting schedule due to a scheduling conflict. Commissioner Strach called for a motion.
Motion by Nadeau, seconded by Doherty , to amend the 2015 Planning and Zoning Commission meeting
schedule as presented.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0.
Staff Report
There is a special Planning and Zoning meeting scheduled for next Thursday, June 25, 2015 at 7:30 p.m.
regarding the property located at 1860 N. Richmond (formerly Target). The next regularly scheduled
meeting of the Planning and Zoning Commission will be Wednesday July 22, 2015. Director of Economic
Development Martin welcomed new Commissioner Butch Meyer and thanked Commissioner Nadeau for
his service to the Commission.
Adjournment
Motion by Nadeau, seconded by Doherty, to adjourn the meeting at 8:40 p.m.
Voting Aye: Bromley, Doherty, Nadeau, Strach and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez, Sobotta.
Motion carried 5-0. The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry