HomeMy WebLinkAboutMinutes - 07/02/2015 - Planning and Zoning CommissionCity of McHenry
SPECIAL Planning and Zoning Commission Minutes
July 2, 2015
Chairman Strach called the July 2, 2015 special meeting of the City of McHenry Planning and Zoning
Commission to order at 7:30 p.m. In attendance were the following: Meyer, Strach, Vallez, Sobotta, and
Thacker. Absent: Doherty, Bromley. 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.
Public Hearing: Big R Stores
File No. Z-867
1860 N. Richmond Rd.
Use Variance to allow an Open Sales Lot; Outdoor Storage and Bulk Fuel Storage and Sales
(“Accessory Uses”) in conjunction with a Retail Store (“Principal Use”) and any
other Variances required effectuating the aforementioned request
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z- 867, an application
for a Use Variance to allow an Open Sales Lot; Outdoor Storage and Bulk Fuel Storage and Sales
(“Accessory Uses”) in conjunction with a Retail Store (“Principal Use”) and any other Variances required
effectuating the aforementioned request on the subject property as submitted by Big R Stores for the
property located at 1860 N. Richmond Rd., McHenry, IL.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on June 10,
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. Jerald Sherman, CFO, Big R Stores, 200 N. Ernest Grove Pkwy., Watseka, IL 60970
who was sworn in by Chairman Strach and provided summary of the request before the Commission at
this Hearing stating he is CFO and a stockholder of Big R. He further stated that Illiana Realty LLC will
actually purchase the property and lease it to Big R. Mr. Jerry Gibbs is the owner and apologizes for
being unable to make this hearing. Mr. Sherman stated he is here to ask for a use variance for outside
display areas at the property, which is a significant portion of Big R sales. Some displays will be year
round but others will be seasonal and there will be an outside cashier in the greenhouse area.
Everything done will meet city ordinances.
Director of Economic Development Martin provided the Commission with the Staff Report regarding this
matter stating the subject property is located at 1860 N Richmond Road, southeast corner of North
Richmond Road (Illinois Route 31) and McCullom Lake Road and consists of approximately nine acres
and he has been working with Mr. Sherman and Mr. Gibbs for several months.
Big R Stores, a farm and home retailer, and competitor of Farm and Fleet is interested in purchasing the
building formerly occupied by Target, which is located on Lot 1 in the McHenry Plaza Shopping Center.
McHenry Plaza Shopping Center consists of approximately 194,000 sf. and the former Target building is
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Special July 2, 2015 Meeting
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95,420 square feet. The lot the former Target building sets on consists of nine acres and contains 521
parking spaces.
Big R is seeking a use variance to allow: an open sales lot; outdoor storage and bulk fuel storage and
sales (“Accessory Uses”) in conjunction with their retail business (“Principal Use”). A use variance is
required because outdoor sales and display and bulk fuel sales are not permitted uses in the C-3 zoning
district, however these uses are commonly associated with this type of business. Home Depot
maintains outdoor storage and display areas and is located on North Richmond Road. Home Depot is
zoned C-5, however did receive a conditional use permit to allow outdoor sales and storage.
Big R’s request includes a 28’ X 270’ (7,560 square-foot) storage and merchandise pick-up area on the
north side of the building and depicted on the site plan. It’s within this area they are proposing to store
bulk kerosene and propane. They are also seeking approval for a 65’ X 150’ (9,750 square feet) outdoor
sales area for seasonal merchandise along the north property line and immediately south of the
driveway entrance to the site off of McCullom Lake Road, as well as an outdoor sales area west of the
former Target Store consisting of 13,500 square feet (90’ X 150’). Lastly Big R would like to utilize the
area along the private sidewalk immediately west and adjacent to the building to display merchandise.
The proposed outdoor storage and merchandise pick-up area on the north side of the building will be
utilized for bulk kerosene and propane sales and storage as well as for farm and agri-business items
including: fencing and related fence products, livestock water tank, drain tile, etc. It’s within this area
customers could look at merchandise and back into the area for loading and pick-up of merchandise.
The area will be paved. The State Fire Marshall regulates bulk fuel storage, which is required to be a
minimum of 25 feet from the building. Any above-ground bulk fuel storage tank must be constructed
and inspected by the State Fire Marshall prior to the tank being filled. Staff is recommending bollards be
placed adjacent to the bulk fuel storage tanks. Additionally, this area will be enclosed by a black chain
link fence. The former Sears/K-Mart has a similar area immediately to the north of the subject property
on the north side of McCullom Lake Road.
Along the north side of the building and south of McCullom Lake Road is a thirty-foot easement which
extends from the intersection of McCullom Lake Road and Richmond Road east along the northern
property line to the east of the building and contains water and sewer mains. The proposed outdoor
storage area is located outside of the thirty-foot easement. There is approximately 58.8’ from the south
side of the existing sidewalk along McCullom Lake Road to the north side of the building on the subject
property. There is also a watermain which runs parallel to the former Target building within the
easternmost driveway aisle, within a ten-foot dedicated easement, as depicted on the McCullom Place II
Final Plat of Subdivision.
A large part of Big R’s business is the sale of seasonal merchandise as well as outside sales generally.
There are three areas Big R is proposing to conduct their outdoor sales: a 9,750 square-foot area along
the north property line; a 13,500 square-foot space in the parking lot west of the building and on the
sidewalk immediately west and adjacent to the building. The sidewalk abutting the building to the west
ranges in width up to a maximum of 25 feet.
Form E of the City’s zoning ordinance includes approval criteria to be considered when evaluating a
request for a use variance. Included are five criteria which the applicant must satisfy to receive a
positive recommendation for the request. These are: practical difficulties or particular hardship,
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Special July 2, 2015 Meeting
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reasonable return, unique circumstances, not altering local character and consistency with the
comprehensive plan. As previously stated other businesses along this corridor have, or former
businesses had, similar outdoor display and storage areas; therefore the proposed uses at 1860 N
Richmond Road are consistent with and will not alter the character of the area. The former Sears/K-
Mart had an outdoor storage and display area; the existing Sears Appliance, located within McHenry
Plaza displays items within the parking area, as well as on the sidewalk adjacent to the building. Further,
the former Wal-Mart at 2019 N Richmond Road had a large outdoor garden area on the west side of
their building and Home Depot, located two blocks to the north of the subject property, currently has
outdoor display areas to the east of their building, a permanent fenced-in garden/outdoor display and
sales area south of their building and they also store trucks and trailers (up to ten total) in their parking
area which are continually rented and dropped-off.
Ace Hardware on Crystal Lake Road is zoned C-3 and received a conditional use permit for similar
requests which Big R is seeking approval. Ace Hardware has a larger outdoor display area within their
parking lot, as well as on the sidewalk east of their building, a fenced-in area adjacent to their building
and store/sell bulk propane in a large tank to the southeast of their current building.
Staff believes the requests Big R is seeking are reasonable, consistent with the zoning ordinance and
comprehensive plan, will not adversely impact adjacent properties and fulfill all of the criteria outlined
in Table 32(A) of the zoning ordinance.
Director of Economic Development Martin stated it is staff’s recommendation for approval of a use
variance to allow an open sales lot; outdoor storage and bulk fuel storage at 1860 N Richmond Road
subject to several conditions as presented. Staff finds all requirements in Table 32(A) of the zoning
ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Vallez asked for an explanation of the difference between C3 and C5 zoning. Director of
Economic Development Martin explained C5 is least restrictive whereas C3 is more restrictive. C5
zoning allows bulk propane and kerosene storage by right, C3 does not. Discussion ensued regarding
the distinctions in zoning. Commissioner Vallez asked if the fuel and propose storage will be in the rear
near residential areas or in the front. Director of Economic Development Martin stated it will be at the
northwest corner of the building approximately 25’ west of the front. Commissioner Vallez stated his
only concern was the proximity of the fuel and propane storage to the residences but it appears their
location being in front of the building it appears safe.
Commissioner Sobotta inquired as to the size of the storage tanks and expressed concern about their
placement encroaching on the public walk. Discussion ensued. Director of Economic Development
Martin and Mr. Sherman both assured the commission nothing will encroach the public walk further
stating that placement and all conditions for the storage tanks are highly regulated by the State Fire
Marshall. A berm and bollards will be placed in the area as well.
Chairman Strach opened the floor to questions and comments from the audience. Verlene Ducey, 3408
3rd Ave., McHenry, was sworn in by Chairman Strach prior to addressing the Commission.
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Special July 2, 2015 Meeting
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Ms. Ducey’s main concern is the bulk fuel storage and its proximity to the residential houses in the area,
including when it is refilled and fuel is delivered. She also expressed a concern about lightning storms
and how they could affect the tanks. Mr. Sherman responded that Big R has these tanks safely stored
and refilled at 18 different stores in Illinois and Indiana. A tanker truck delivers the fuel and it is pumped
into the tanks. Mr. Sherman stated due to the placement of the tanks, deliveries would come in off of
McCullom Lake Rd. and would not use the alley or roadway in the rear of the store. Commissioner
Sobotta added the State Fire Marshall would require the tanks to be highly grounded in case of
lightning.
Chairman Strach closed the public comment portion of the hearing at 7:58 p.m.
Commissioner Meyer asked the location of the nearest store to McHenry. Mr. Sherman stated the
Morris store is probably the closest. Commissioner Thacker inquired when they hoped to open the
store. Mr. Sherman stated there is a lot to do but they hoped to open by September.
Commissioner Meyer asked if outside Christmas tree sales is done around the holidays as well as other
seasonal work. Mr. Sherman stated their store is more upscale than Farm and Fleet, outside Christmas
tree sales and other seasonal sales will occur but there is no automotive work done at the stores.
Motion by Meyer, seconded by Thacker, to recommend to the City Council with regard to File No. Z-867,
an application for a Use Variance to allow an Open Sales Lot; Outdoor Storage and Bulk Fuel Storage and
Sales (“Accessory Uses”) in conjunction with a Retail Store (“Principal Use”) and any other Variances
required effectuating the aforementioned request on the subject property located at 1860 N. Richmond
Rd., McHenry, IL by applicant Big R Stores, subject to the following conditions, as presented:
1. Size and locations of outdoor display and outdoor storage areas shall be in substantial
conformance with the attached site plan which shall be incorporated into any ordinance as an
exhibit to be considered by the City Council; major deviations from the attached site plan will
require an amendment to the proposed use variance.
2. Written approval from the State Marshall shall be required for the bulk fuel tanks.
3. Bollards shall be placed around the bulk fuel tanks to protect against vehicles hitting the tanks.
4. A certificate of occupancy, including inspection of all proposed outdoor storage and display
areas shall be obtained from the City of McHenry.
5. Outdoor display and storage areas consisting of 9,750 square-feet and 7,560 square-feet
respectively shall be located outside of the 30’ easement area located immediately south of
McCullom Lake Road as depicted on the Final Plat of Subdivision for McCullom Place II.
6. Approved ingress and egress to and from the building at 1860 N Richmond Road must be
maintained as required by the City’s currently adopted building code and all other applicable
ordinances, rules and regulations.
7. Sidewalk adjacent to and immediately west of the building shall not be reduced to a clear usable
width of less than 48-inches at any time so as not to impede pedestrian traffic.
8. A minimum of four-feet of horizontal clearance must be maintained between any outdoor
display and, trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar
devices or structures.
9. Pedestrian and motor vehicle vision clearance must not be blocked, impeded and/or comprised
at intersections, driveways, doors and signage by any outdoor display and/or storage area.
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Special July 2, 2015 Meeting
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Product being displayed and/or stored outdoors is not permitted to be located within two-feet
of the latch side of any door.
10. Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or
product that a minor (as defined by Federal, State, or local ordinance) is prohibited from
purchasing by law, shall not be permitted to be displayed or stored outside of the building at
1860 N Richmond Road.
11. McHenry County Health Department approval must be obtained prior to placing anything
outdoors or indoors that can be eaten, consumed or ingested or otherwise requires a permit for
that agency.
12. Unless permitted by ordinance or approval is obtained by the City Council the use of signage,
pennants, banners, flags lighting, electric amplification or noise making devices shall not be used
to attract attention to any of the outdoor display or storage areas.
13. Items located within outdoor displays and/or storage areas must be placed on an approved
surface such as concrete, asphalt or paver bricks. Outdoor display and storage area items will
not be permitted to be permanent anchored or secured to the ground or temporarily or
permanently anchored to trees, signs, fire hydrants, or buildings.
14. All outdoor display and storage areas shall be kept neat and orderly and remain free from trash
and debris at all times.
15. Outdoor display and storage areas shall maintain a minimum level of security lighting, using full
cut-off fixtures,
be granted, and that Table 32(A), of the Zoning Ordinance, has been met.
Voting Aye: Meyer, Strach, Vallez, Sobotta, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Bromley.
Motion carried 5-0.
Chairman Strach closed the Public Hearing regarding File No. Z-867 at 8:05 p.m.
Adjournment
Motion by Sobotta, seconded by Meyer, to adjourn the meeting at 8:05 p.m.
Voting Aye: Meyer, Strach Vallez, Sobotta, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Doherty, Bromley.
Motion carried 5-0. The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry