HomeMy WebLinkAboutMinutes - 06/19/2014 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
June 19, 2014
Chairman Strach called the June 19, 2014 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, Sobotta, Strach, and Thacker. Absent: Vallez. Also in attendance were: City Attorney Kelly
Cahill, Deputy City Administrator Martin and Planning and Zoning Secretary Wolf.
Approval of Minutes
Motion by Nadeau, seconded by Doherty, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
May 15, 2014 regularly scheduled meeting.
Voting Aye: Bromley, Doherty, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez.
Motion carried 6-0.
Public Hearing: Prairie Pointe Land Development Corporation
File No. Z-833
420 N. Front Street
Use Variance to allow apartments/multi-family dwellings on the
subject property in the Prairie Pointe Business Park
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-833, an application
for a use variance to allow apartments/multi-family dwellings on the subject property as submitted by
Prairie Pointe Land Development Corporation, for the property located at 420 N. Front St.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on May 23,
2014. 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 Thomas Zanck, attorney for Prairie Pointe Land Development Corporation, and Scott
Dixon, 3819 N. Blitsch Place, McHenry, IL who were sworn in by Chairman Strach. Mr. Zanck provided a
summary of the request before the Commission at this Hearing. Attorney Zanck gave a brief
introduction of the history of the development stating there has been no interest in the parcel north of
Veteran’s Parkway in the past 11 years. They are requesting to leave the underlying zoning in place but
want nothing further than a use variance for the time-being in order to better serve the economic ideals
present. He stated the Staff report is very thorough.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating the total Prairie Pointe business park site is approximately 54.26 acres with frontage along Illinois
Route 31 and Veterans Parkway. The property currently zoned C-5 Highway Commercial District consists
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June 19, 2014
Page 2
of 21.65 total acres along Illinois Route 31 and 6.70 acres along the interior. A portion of the Prairie
Pointe Business Park was resubdivided in 2005 for the purpose of accommodating the Family Services
building and is currently occupied by Pioneer Center and located to the east of the subject property on
Lot 16.
Currently there is vacant business park property in the Inland Business Park, as well as vacant buildings
zoned Business Park and Industrial throughout the City, including: McHenry Corporate Center, Tonyan
Industrial Park, Inland Business Park, Adams Commercial Centre, McHenry City Center, as well other
buildings suitable for office/industrial, warehouse and business park-type uses not located within
traditional business/industrial parks. Additionally, the Pacini property, immediately south of the
McHenry Corporate Center, includes approximately 200 acres of property which could potentially be
annexed to the City in the future and a portion could be zoned business park/industrial. The Pacini
property serves as a logical southern extension to the McHenry Corporate Center.
There is an overabundance of business park and industrially-zoned properties, as well as existing
buildings as previously mentioned. The site of Patriot Estates Subdivision, located south of Bull Valley
Road and east of Crystal Lake Road was planned for business park land uses in the past, as was the
property on north Richmond Road, which currently includes: McHenry Towne Center, Meijer/Home
Depot Subdivision, Shops at Fox River Subdivision, Northgate West Subdivision and Diamond Plaza.
Apartment land uses and rental housing have come to the forefront in terms of being in high demand
for multiple reasons, among them are: number of home foreclosures, affordable housing is highly
sought for all types of workers ranging from manufacturing, young professionals, empty nesters and
families, as well as more stringent home lending and commercial lending restrictions. The petitioner is
seeking a use variance as a result of the demand, interest received from apartment developers to
construct apartments on the subject property and to potentially spur more commercial development,
not only within this business park but on the south side of the City. In order to do this, more
rooftops/residents are required.
The developer is seeking a use variance to allow the development of multi-family housing predicated on
returning to the Planning and Zoning Commission and City Council in the future when a developer
interested in the site has a specific land plan which can be evaluated. The developer is seeking some
leverage in order to entice a multi-family developer to make an initial investment to pursue multi-family
development on the site, and the proposed use variance if approved would provide some indication of
the City’s willingness to support this type of land use on the subject property.
A use variance will not change the underlying zoning of the property but adds another layer or level of
marketability the developer is seeking and needs in order to market the property for an
apartment/multi-family land use. Liberty Square Shopping Center, located at the southwest corner of
Shamrock Lane and Illinois Route 31 and the property located at the northwest corner of Green Street
and Charles Miller Road were granted use variances in the past to allow additional land uses over and
above than what was allowed by the underlying zoning. This is not an unusual request.
Table 32(A) of the zoning ordinance includes approval criteria for use variances which includes: practical
difficulties or particular hardship, reasonable return, unique circumstances, not altering local character
and consistency with the comprehensive plan. The subject property has been vacant for 11 years, the
economy has changed significantly-in addition to the housing market since 2003, there is
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June 19, 2014
Page 3
overabundance of available vacant land and buildings suitable for business park and industrial land uses,
the property is adjacent to multi-family housing to the south, existing and planned single-family homes
to the east and located along a major state roadway corridor. Staff believes the criteria outlined in
Table 32(A) have been satisfied and supports approval of the proposed use variance to allow multi-
family dwellings on the subject property in accordance with the following conditions:
1. When the applicant secures a developer the site plan and any amendments required to the
subdivision plat must be brought back to the Planning and Zoning Commission for consideration
and subsequently to the City Council;
2. Applicant must seek an amendment to the existing annexation agreement contemporaneously
with the request being considered for the proposed use variance when the proposal is
presented to the City Council for consideration in the next few weeks;
3. Length of the Use Variance shall be linked with the existing annexation agreement which expires
in 2023.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Nadeau inquired if Morgan Hills Townhouses were approached about a possible interest.
Attorney Zanck replied they were sent two certified mailings, notices and invitations but did not show
any real interest. Commissioner Nadeau asked if there was an estimated idea of the maximum numbers
of dwelling units the property will hold, also inquiring if the City has the capability to provide proper city
services. Deputy City Administrator Martin speculated 9-12 units per acre. He also stated he has
researched water/sewer needs and the City should not have in issue providing services.
Commissioner Nadeau recommended a study be done for a traffic light. Deputy City Administrator
Martin stated that is already addressed in the annexation agreement.
Mr. Dixon stated a study done by the engineering firms does not warrant a traffic light at the present
time. Deputy City Administrator Martin talked to IDOT who explained the need for a traffic signal will be
evaluated again as the area is built. He also stated the City does prefer a signal be installed.
Commissioner Sobotta expressed concern about how the area school districts will be affected. Deputy
City Administrator Martin stated previous studies show townhomes and multi-family buildings do not
typically produce as many children into the school systems as residential homes might. Attorney Zanck
stated this type of development typically attracts empty nesters and is an important catalyst for retailers
to begin looking at the property again. Transportation issues, such as trucking access into the area, are a
frequent cause of issues with industrial development here.
Commissioner Thacker asked about apartment vacancy rates in the City. Deputy City Administrator
Martin stated he had investigated this several years ago but has not done so recently.
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 7:53 p.m.
Planning and Zoning Commission
June 19, 2014
Page 4
Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z-
833, an application for a use variance to allow apartments/multi-family dwellings on the subject
property located at 420 N. Front St. as presented by applicant Prairie Pointe Land Development
Corporation be granted, subject to the following conditions:
1. When the applicant secures a developer the site plan and any amendments required to the
subdivision plat must be brought back to the Planning and Zoning Commission for consideration
and subsequently to the City Council;
2. Applicant must seek an amendment to the existing annexation agreement contemporaneously
with the request being considered for the proposed use variance when the proposal is
presented to the City Council for consideration in the next few weeks;
3. Length of the Use Variance shall be linked with the existing annexation agreement which expires
in 2023.
be granted, and that Table 32(A), of the Zoning Ordinance, has been met.
Voting Aye: Bromley, Doherty, Nadeau, Strach, and Thacker.
Voting Nay: Sobotta.
Not Voting: None.
Abstaining: None.
Absent: Vallez.
Motion carried 5-1.
Commissioner Sobotta commented he did not believe the proposal is a good fit with the City’s
comprehensive plan.
Chairman Strach closed the Public Hearing regarding File No. Z-833 at 7:55 p.m.
Public Hearing: John Farrell/Mojo Renovations Inc.
File No. Z-836
4807 Home Avenue
Variance to allow a detached garage in required front yard and a
variance to allow a second driveway on the subject property
Chairman Strach called the Public Hearing to order at 7:56 p.m. regarding File No Z-836 an application
for a variance to allow a detached garage in the required front yard and a variance from the Subdivision
Control and Development Ordinance to allow a second driveway as submitted by John Farrell for the
property located at 4807 Home Avenue.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on May 27,
2014. 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.
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June 19, 2014
Page 5
In attendance was John Farrell, 8 Austin Avenue, Carpentersville, IL who was sworn in by Chairman
Strach and provided a summary of the request before the Commission at this Hearing stating he has
purchased the property to improve it. He further stated it is his preference to sell the property rather
than rent it. The home has two front yards and three adjoining properties have garages built the way he
is proposing for this property. He would like the same sight line as those neighboring properties and it
will allow sight lines on the street and from the adjoining properties. It will also help reduce the carbon
footprint on the property reducing driveway size.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating the applicant is seeking two variances, one from the zoning ordinance and one from the
subdivision control and development ordinance including: a variance from Chapter X.
Accessory Uses, Yards and Fences in the zoning ordinance to allow an approximately 360
square-foot detached garage in a required front yard and a variance from Section T-5.3
Residential Driveways and Parking Lots in the subdivision control and development ordinance
to allow a second driveway off of Commercial Avenue.
The applicant lives on a double-frontage, or through lot, meaning his property has frontage on
two public roadways, Commercial Avenue to the south and Home Avenue to the north.
Therefore in accordance with the City’s zoning ordinance the applicant has no required rear
yard but two required front yards. Garages are required by ordinance. In order to construct a
detached garage out of the required front yard it would have to be setback a minimum of 25
feet from the north right-of-way line of Commercial Avenue. Due to the size of the lot and
required setback from other principal structures (home in this instance) it would impose a
substantial hardship, as well as be impractical.
Additionally, the applicant will construct a second driveway off of Commercial Avenue to access
the proposed detached garage. The subdivision control and development ordinance permits
two driveways, however, in order to so the property in question would need a minimum of 100’
of frontage on any one street. Thus the ordinance does not address/contemplate the situation
of homes on smaller lots with rear-loaded garages with two frontages.
Staff supports both requested variances which are consistent with homes adjacent to the
subject property. Although this situation is not unique solely to this property, Table 32 states
special circumstances that do not apply generally to other properties in the same zoning
district. While this situation does apply to other properties it is certainly fairly unique to the RS-
4 zoning district. Additionally, it does not result from any action taken by the applicant as
outlined in the applicant’s narrative and would, as previously stated due to the size of the
property, result in an unnecessary hardship and preserves a right conferred by the zoning
district.
Staff recommends approval of a Variance from Chapter X. Accessory Uses, Yards and Fences to
allow a detached garage in a required front yard and Variance from Section T-5.3 Residential
Driveways and Parking Lots in the Subdivision Control and Development Ordinance to allow a
second driveway in substantial conformance with the site plan submitted as part of the public
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June 19, 2014
Page 6
hearing application and finds all requirements in Table 32 of the zoning ordinance have been
met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Nadeau inquired as to the size and color of the garage. Mr. Farrell stated the
garage will be a two-car, approximately 18x20 , and he is trying to make it conform in type,
color and style as best as possible with the house.
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 8:05p.m
Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File
No. Z-836, an application for a Variance from Chapter X. Accessory Uses, Yards and Fences to
allow a detached garage in a required front yard and Variance from Section T-5.3 Residential
Driveways and Parking Lots in the Subdivision Control and Development Ordinance to allow a
second driveway in substantial conformance with the site plan submitted as part of the public
hearing application on the property located at 4807 Home Avenue as presented by applicant
John Farrell be granted, and that Table 32, of the Zoning Ordinance, has been met.
Voting Aye: Bromley, Doherty, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez.
Motion carried 6-0.
Chairman Strach closed the Public Hearing regarding File No. Z-836 at 8:10 p.m.
Public Hearing: CrossFit Fire
File No. Z-837
2414 W. Illinois Route 120
Use variance to allow two principal retail, service, warehouse-oriented land
uses and two principal buildings on the subject property
Chairman Strach called the Public Hearing to order at 8:10 p.m. regarding File No Z-837 an
application for a use variance to allow two principal retail, service, warehouse-oriented land
uses and two principal buildings on the subject property.
Planning and Zoning Commission
June 19, 2014
Page 7
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
June 4, 2014. 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 Jennifer Yundt, 5105 W Orchard Dr., McHenry, and Ron Soleil, 2148 Kingston
Dr., Island Lake, IL who were sworn in by Chairman Strach and provided a summary of the
request before the Commission at this Hearing stating they are asking to allow two principal
uses at the NW Electrical supply property. There is a vacant building in the rear that they are
hoping to lease the vacant building to have a personal training facility in addition to the main
building.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this
matter providing a brief history of the property.
The building in the rear of the property was formerly utilized by Northwest Electric Supply,
however because on-line ordering has become extremely prevalent over the past decade,
product shipment occurs directly from an off-site warehouse limiting the utility and practicality
of the second building on the subject property. Additionally, with the economic downturn and
decline in new home construction there is no longer the need to store the amount of inventory
on-site. This significantly limits the practical use of the second building on the subject property
by Northwest Electric Supply without seeking zoning relief such as currently proposed by
CrossFit Fire.
Many sites in the City have multiple buildings, however the subject property has two fairly
substantial structures, in terms of square footage, on one site. The synergy potential of utilizing
the existing vacant building and adding a second principal use on the subject property is ideal
because it allows the property owner to generate revenue to maintain the vacant building and
permits the continued use of the building, thereby preventing obsolescence of the structure.
The applicant has submitted a revised parking layout for the subject property as part of their
application which has been scrutinized by Staff for compliance. Staff believes the parking plan
submitted addresses the required number of spaces to comply with the zoning ordinance, as
well as addresses, with some suggested modifications, on-site circulation challenges. Fifty
parking spaces for both uses as-currently existing (Northwest Electric Supply) and as-proposed
(CrossFit Fire) are adequate to conform to the requirements in the City’s zoning ordinance.
Due to the site configuration and space constraints staff would recommend the parking lot be
striped to limit the north-south drive aisle directly off of Route 120 to one-way traffic heading
north from the entrance off of Route 120 north and then west to Hillside Lane. Two-way traffic
could remain south of Northwest Electric Supply, as there is adequate space for ninety degree
parking and a two-way drive-aisle. The nine spaces directly off of Hillside Lane should be
designated customer parking for CrossFit Fire customers only.
Planning and Zoning Commission
June 19, 2014
Page 8
Adequate space exists for a two-way drive aisle, however the four parking spaces directly north
of the Northwest Electric Supply building (abutting property to east) should be designated
employee parking only (for Northwest Electric Supply and CrossFit Fire Employees only).
Finally, a “One-way or Do not enter” sign should be posted where the parallel parking spaces
are located adjacent to the northern building as there is only adequate space (19’) to
accommodate a one-way driveway aisle.
Parking lot lighting (1.-5-10 foot-candles) is required to meet the requirements in the City’s
zoning ordinance. Finally, Staff is recommending a continuous hedge row of evergreens be
planted at the northwest corner of the site to screen headlights from vehicles which will be
pulling in to the north towards the Eastwood Manor Subdivision.
Staff recommends approval of a use variance to allow two principal retail, service, warehouse-
oriented land uses and two principal buildings and any other variances required to allow the
aforementioned land uses and buildings on the subject property subject to the following
conditions:
• Parking for the subject property shall be restriped in accordance with the parking plan
submitted as part of the application;
• The parking lot be striped to limit the north-south drive aisle directly off of Route 120 to one-
way only traffic heading north from the entrance off of Route 120 north and then west to
Hillside Lane (painted one-way arrow);
• The nine spaces directly off of Hillside Lane should be designated customer parking;
• The four parking spaces directly north of the Northwest Electric Supply building should be
designated employee parking only;
• A landscape hedge row, consisting of a continuous row of evergreen bushes shall be planted at
the northwest corner of the site prior to receipt of a certificate of occupancy to shield headlights
from the residential subdivision to the north;
• Any other land uses proposed in the future, other than Northwest Electric Supply and CrossFit
Fire, must comply with the provisions in the C-5 zoning district and other zoning ordinance
requirements, such as parking, in order to be permitted without coming back to the Planning
and Zoning Commission and City Council for additional approvals in the future;
• A “One-way or Do not enter” sign should be posted where the parallel parking spaces are
located adjacent to the northern building (at the western edge of the building currently
proposed for CrossFit Fire-on the south edge of the driveway aisle).
and finds all requirements in Table 32(A) of the zoning ordinance have been satisfied.
Chairman Strach invited questions and/or comments from the Commission.
In response to a request from Commissioner Bromley Deputy City Administrator Martin
clarified the parking and driving configuration for the property.
Planning and Zoning Commission
June 19, 2014
Page 9
Commissioner Nadeau inquired as to the hours of operation, staffing and client numbers as well
as the need for handicap parking. Ms. Yundt stated they will be open at 5:30 a.m. until 8:00 or
9:00 a.m. and will then close and reopen from 4:30 p.m. until 7:00 or 8:00 p.m. She stated they
are not a 24 hour establishment and would only be open early morning hours on the weekends.
She further stated they hope to limit class sizes to 12 per class and possibly running two classes
back to back. That would entail 15-20 clients and 2 trainers at the facility at any one time.
Deputy City Administrator Martin stated based on the figures given there would be ample
parking available. A brief discussion ensued regarding handicap parking. Deputy City
Administrator Martin stated the code would be followed and handicap accessible parking
spaces will be put wherever they are required to meet the code.
Commissioner Strach asked Ms. Yundt whether she will move forward with the CrossFit Fire
business model of classes with a maximum of 12 people at a time or what plans she had for
future expansion. Ms. Yundt explained they would add more classes throughout the day over
time rather than more classes per hour if they see the need to expand classes.
Chairman Strach opened the floor to questions and comments from the audience.
Ms. Donna Mill, 241 North Trail, Hawthorn Woods, one of owners of Northwest Electric Supply
expressed a concern with discussion on handicap accessible parking spaces stating she did not
want to deprive any non-handicap customers of either business of having a parking space
available. Deputy City Administrator Martin stated the requirements are dictated by the
accessibility code and will be researched thoroughly. Attorney Kelly Cahill added the matter
will be properly addressed by the code and there really isn’t a choice with following what is
required.
Chairman Strach closed the public comment portion of the hearing at 8:20 p.m
Motion by Nadeau, seconded by _Sobotta, to recommend to the City Council with regard to File
No. Z-837, an application for a use variance to allow two principal retail, service, warehouse-
oriented land uses and two principal buildings and any other variances required to allow the
aforementioned land uses and buildings on the property located at 2414 W. Illinois route 120 as
presented by applicant Jennifer Yundt be granted, subject to the following conditions, as
amended:
• Parking for the subject property shall be restriped in accordance with attached parking
plan submitted as part of this application;
• Allocate one handicap space to the CrossFit Fire building if the accessibility code deems
it is required;
• The parking lot be striped to limit the north-south drive aisle directly off of Route 120 to
one-way only traffic heading north from the entrance off of Route 120 north and then
west to Hillside Lane (painted one-way arrow);
• The nine spaces directly off of Hillside Lane should be designated customer parking;
Planning and Zoning Commission
June 19, 2014
Page 10
• The four parking spaces directly north of the Northwest Electric Supply building should
be designated employee parking only;
• A landscape hedge row, consisting of a continuous row of evergreen bushes shall be
planted at the northwest corner of the site prior to receipt of a certificate of occupancy
to shield headlights from the residential subdivision to the north;
• Any other land uses proposed in the future, other than Northwest Electric Supply and
CrossFit Fire, must comply with the provisions in the C-5 zoning district and other zoning
ordinance requirements, such as parking, in order to permitted without coming back to
the Planning and Zoning Commission and City Council for additional approvals in the
future;
• A “One-way or Do not enter” sign should be posted where the parallel parking spaces
are located adjacent to the northern building (at the western edge of the building
currently proposed for CrossFit Fire-on the south edge of the driveway aisle).
Be granted, and that Table 32A, of the Zoning Ordinance, has been met.
Voting Aye: Bromley, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-837 at 8:30 p.m.
Staff Report
There is nothing scheduled at the present time for a July meeting. Beginning in August,
Planning and Zoning meetings will be held on Wednesday nights.
Other Business
Commissioner Nadeau inquired if IDOT can be contacted to lengthen timing on Miller Rd traffic
lights with the construction. Commissioner Doherty inquired if the City can address signage
throughout the City that appears to be in a state of disrepair. Deputy City Administrator Martin
stated he will look into both of these issues.
The issue of vehicles consistently blocking the intersection at Green St. and IL Route 120 during
the construction was brought up and the possibility of altering the timing of the signals.
Commissioner Doherty commented that larger, more visible signage was required. Deputy City
Administrator Martin stated the Police Department is aware of the traffic violations at that
intersection and they are monitoring the situation. He further stated the City cannot time
temporary traffic signals.
Planning and Zoning Commission
June 19, 2014
Page 11
Adjournment
Motion by Thacker seconded by Doherty, to adjourn the meeting at 8:35 p.m.
Voting Aye: Bromley, Doherty, Nadeau, Sobotta, Strach and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Vallez
Motion carried 6-0. The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry