HomeMy WebLinkAboutMinutes - 11/15/2017 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
November 15, 2017
Chairman Strach called the November 15, 2017 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, Meyer, Miller, Sobotta, Strach, Thacker and Walsh. Absent: None. Also in
attendance were: Director of Economic Development Martin, City Attorney Cahill, and Economic
Development Coordinator Wolf.
Approval of Minutes
Motion by Walsh, seconded by Miller, to approve the October 18, 2017 regular meeting minutes
of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Doherty, Miller, Meyer, Strach, Thacker, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: Sobotta.
Absent: None.
Motion carried 6-0.
Public Hearing: Brian Blanchard
File No. Z-917
4564 Bull Valley Rd.
Conditional Use Permit for outside storage of recreational vehicles and
boats in conjunction with a contractor’s office on the Subject Property.
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-917, an
application for a Conditional use permit to allow outside storage of recreational vehicles and
boats in conjunction with a contractor’s office at 4564 Bull Valley Road as submitted by Brian
Blanchard, 6008 Tomlinson Dr., McHenry, IL 60050.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
October 28, 2017. Notices were mailed to all abutting property owners of record as required by
ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are
on file in the City Clerk’s Office.
In attendance was Brian Blanchard, 6008 Tomlinson, McHenry who was sworn in by Chairman
Strach. Mr. Blanchard provided a summary of the request before the Commission at this Hearing
stating he uses the property for personal storage of his own cars, trailers and boats a nd would
like to better utilize the property by offering that type of storage service to other residents and
he needs the conditional use to do so.
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November 15, 2017
Page 2
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating the City Council unanimously approved a request for a conditional
use permit to allow outside storage of vehicles and trailers, as well as a variance to the minimum
lot width required in the I-1 zoning district for the property located at 4172 Bull Valley Road,
immediately to the east of the subject property.
In September 2008, Cornerstone requested an expansion to the existing conditional use permit
to include 4564 Bull Valley Road, subject property, and permission to allow a recycling/handlin g
center with outside storage of recycling materials contained in bins or box containers which City
Council approved. The conditional use permit approved in 2008 has automatically expired due
to inactivity; however, the lot width variance is not automatically revoked and remains with the
property.
The current applicant is requesting a conditional use permit to allow outside storage of boats and
recreational vehicles in conjunction with a contractor’s office at the site due to the demand for
this type of use. In accordance with the zoning ordinance, a conditional use permit is required
for outside storage associated with any permitted or conditional use allowed in the I-1 Industrial
zoning district. The proposed location of the outdoor storage is far from view of Bull Valley Road
and is unlikely to detract from the surrounding area. All of the surrounding properties are zoned
industrial with the exception of Centegra Hospital south of Bull Valley Road.
Staff is not proposing a time limitation associated with the approval of the applicant’s request.
Economic conditions remain uncertain and staff believes a time constraint would be unfair and
the property may remain vacant indefinitely. The applicant has a viable business and when the
property does redevelop in the future, market forces will dictate whether the applicant remains
on the subject property or decides to relocate. Staff believes the proposed use will provide many
benefits to the City.
Unless a new business locates on the subject property staff believes the area will remain stagnant
and an eyesore. The applicant owns a significant piece of property and in th e future, this could
play a key role in redevelopment of this area due to the isolated location of the site and the
greater portion of the property is not visible to the public.
Director of Economic Development Martin stated staff recommends approval of a conditional
use permit to allow the outdoor storage of recreational vehicles and boats on the subject
property, in conjunction with a contractor’s office subject to the following conditions:
1. The property shall be cleared of all debris, including any inoperable vehicles, trailers, etc.
and anything unrelated to the request being considered;
2. The property keeps a neat and orderly appearance;
3. Applicant work with City Staff in locating signage for business off of Bull Valley Road, not
impeding access or site lines to other businesses, customers or vehicles traversing the
roadway;
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November 15, 2017
Page 3
4. Provide minimal security lighting/cameras on-site; and
Staff believes that with the conditions imposed all criteria in table 31 of the zoning ordinance
have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Thacker asked about security. Mr. Blanchard stated the gate is always locked and
there is very sufficient lighting on the building.
Commissioner Sobotta asked if there were any plans for fencing in the future. Mr. Blanchard
responded it is naturally fenced and not easy to access at all.
Commissioner Meyer asked how people will get their vehicles, etc. to access the storage area.
Mr. Blanchard responded the road is long and owned by him and there is only one way in and
out.
Commissioner Doherty asked if boat owners will also be storing gas cans on the property possibly
in their boats. Mr. Blanchard responded only vehicles, boats, RV’s (can be on a trailer or toy
hauler), snowmobiles etc. will be stored. Gas cans will not be allowed.
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 7:45 p.m.
Motion by Miller, seconded by Meyer, to recommend to the City Council with regard to File No.
Z-917, approval of an application for a conditional use permit to allow the outdoor storage of
recreational vehicles and boats on the subject property, in conjunction with a contractor’s office
subject to the following conditions:
1. The property shall be cleared of all debris, including any inoperable vehicles, trailers, etc.
and anything unrelated to the request being considered;
2. The property keeps a neat and orderly appearance;
3. Applicant work with City Staff in locating signage for business off of Bull Valley Road, not
impeding access or site lines to other businesses, customers or vehicl es traversing the
roadway;
4. Provide minimal security lighting/cameras on-site
be granted, and Staff finds all requirements in Table 31 of the zoning ordinance have been
satisfied.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh.
Voting Nay: None.
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November 15, 2017
Page 4
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-917 at 7:46 p.m.
Chairman Strach recused himself from the next public hearing due to a conflict of interest.
Public Hearing: Wayne Jett
File No. Z-918
1306 Green Street
Conditional Use Permit for an expanded site plan review in accordance with the downtown overlay
district to allow a contractor’s office, with storage on-site and two principal uses on one zoning lot
and any other variances to allow the property to be developed in SUBSTANTIAL conformance with the
public hearing application submitted for the subject property located at 1306 N Green Street
Vice-Chairman Thacker called the Public Hearing to order at 7:47 p.m. regarding File No Z-918,
an application for a Conditional Use Permit for an expanded site plan review in accordance with
the downtown overlay district to allow a contractor’s office, with storage on -site and two
principal uses on one zoning lot and any other variances to allow the property to be developed
in substantial conformance with the public hearing application submitted for the subject
property located at 1306 N Green by Wayne Jett, 7016 Liam Lane, McHenry, IL 60050 (Applicant)
and ELJB, LLC, C/O Steven S. Spinell, Court Appointed Receiver, 116 W. Illinois St., 7 th Floor,
Chicago, IL 60654 (Owner).
Vice-Chairman Thacker stated Notice of the Public Hearing was published in the Northwest
Herald on October 30, 2017. Notices were mailed to all abutting property owners of record as
required by ordinance. A Certificate of Publication and Affidavit of Compli ance with notice
requirements are on file in the City Clerk’s Office.
In attendance was Tom Zanck, 40 Brink Street, Crystal Lake, IL, attorney representing Mr. Jett.
Attorney Zanck provided a summary of the request before the Commission at this Hearing stating
a 1993 survey was recently found for the property. Mr. Jett has property presently on Route 31
which he rents and wanted to purchase a building and pursued this building after finding it
available in the City. He is asking to put two businesses at this address. Sideline Sports is an
internet service-based business which will have one room for storage of items and one employee.
The remainder of the building will be used by Jett’s Heating and Air with the entire business
moving into this space. Mr. Jett will remodel the interior, front of exterior, add an ADA compliant
ramp and fix and re-do the parking lot. The neighboring property to the east has a faulty retaining
wall and they are hoping to work with them to have it fixed while remodeling is going on. Two
businesses at the same address in the downtown overlay district needs approval for the
contractor’s office and retail store. Mr. Jett is expecting to spend $150-200,000 in renovations
to the building which will increase its assessed value. Mr. Jett has also indicated it is his intent to
make parking available to the public when the business is not open. He believes the conditions
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November 15, 2017
Page 5
of the standards are met for the application. A sample sign diagram for Jett’s Plumbing and
Heating was circulated. They expect one semi a month to be unloaded of materials no traffic or
parking on Green St. will be inhibited. Mr. Jett will follow city guidelines and possibly add a fence
to the east and north of the property further enhancing it. Director Martin stated there are no
setback requirements for the fencing.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating Wayne Jett has submitted an application to redevelop the former Fox
Valley Sash and Door (old Post Office building) into two principal uses, Jett’s Heating and Air and Sideline
Marketing. The requested action is a Conditional Use Permit for an expanded site plan review in
accordance with Downtown Overlay District because the property is zoned C-4 and a contractor’s office
is a permitted use in a C-5 district and the zoning ordinance only permits one principal use/zoning lot. The
applicant is proposing two.
The building in question is a difficult property to fill due to the fact any use, such as a restaurant or
assembly-type use-would require the installation of a sprinkler system which is very costly. The use
proposed in this application would not require the installation of a sprinkler system. The parking lot has
been in disrepair and patched but needs additional work. The surrounding retaining wall, which is not
actually part of the subject property, is compromised and needs to be repaired as well and the property
is in the heart of downtown McHenry. It lies on the path of many parade routes and has a very visible and
prominent street presence and unlike many downtown buildings has onsite parking immediately to the
north of the building.
Downtown Revitalization has been a priority for the City for numerous years and many actions have been
taken to assist with this effort. All of these efforts contribute to a vibrant downtown, along with attracting
new tenants and prospective developers downtown and assisting in bringing residents and visitors and
keeping people within the downtown district.
This particular site is challenging due to the square footage and the uses, which would require the building
to have sprinklers installed. The applicant is proposing to remodel the building and the applicant’s
vehicles consist mainly of sprinter-type vans and pick-up/smaller trucks so the grounds will not be
unsightly. Additionally the applicant is proposing to repair the parking lot, work with the neighbor to have
the retaining wall repaired and clean-up the weeds, landscaping on-site and provide a much cleaner look
to the site. The proposal will provide multiple benefits to the City.
In 2005, the City Council adopted the Downtown Overlay District. The purpose of an overlay district is to
place additional regulations on a specific area, over and above the underlying zoning district. The overlay
district does include guidelines, requirements, procedures and criteria that are required to be met in order
to deviate from the zoning ordinance. It provides flexibility by allowing deviations from the zoning
ordinance requirements.
There are two processes for review established in the DOD Ordinance, an administrative site plan review
and an expanded site plan review. The applicant is required to meet the criteria for expanded site plan
review in the overlay district ordinance.
All applications for expanded site plan review are required to obtain a conditional use permit and follow
the conditional use permit process in the City’s Zoning Ordinance. Each application is required to be
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November 15, 2017
Page 6
reviewed by the Planning and Zoning Commission for conformance with the purpose and intent, goals,
and criteria for review in the DOD Ordinance as stated in the staff report.
The subject property is zoned C-4 therefore there are no building setback requirements or off-street
parking required; however the applicant is proposing the following deviations from other regulations in
the zoning ordinance:
Multiple land uses in one building (Sideline Marketing and Jett’s Hearing and Air);
Contractor’s Office with Storage;
As previously stated the applicant is required to comply with the approval criteria outlined in the DOD
Ordinance and it is staff’s the use is compatible and complimentary to neighboring properties and will not
adversely impact the health or neighboring properties, especially with the remodeling and maintenance
work proposed. Finally, the proposed uses will be an economic benefit to the City; greatly improve a
currently blighted structure; enhance the tax base and provide a much-needed destination which benefits
the entire downtown and City as a whole.
Director of Economic Development Martin stated staff recommends approval of a Conditional Use
Permit for an expanded site plan review in accordance with the downtown overlay district to allow a
contractor’s office, with storage on-site and two principal uses on one zoning lot and any other variances
to allow the property to be developed in substantial conformance with the public hearing application
submitted for the subject property located at 1306 N Green Street subject to the following conditions:
1. The applicant shall comply with the Downtown Design Guidelines utilizing and enhancing original
building elements on the exterior as well as parking area;
2. In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing
and moving signs is prohibited;
3. There shall be no loading/unloading on the public right-of-way; and
Staff finds the application is in conformance with the purpose and intent, goals, and criteria for review in
the DOD Ordinance.
Vice-Chairman Thacker invited questions and/or comments from the Commission.
Commissioner Miller stated all her questions were answered in the presentation and staff report.
Commissioner Doherty asked why an ADA compliant ramp was being added. Attorney Zanck
stated the sidewalk is in disrepair with uneven elevations and they want to make it accessible.
Director Martin stated it is also in the plans to add a railing as part of the ramp which will give
more curb appeal. Commissioner Doherty stated it is very much welcome to the Green Street
area and nice to see this property improved.
Commissioner Thacker inquired as to the liability involved with use of the parking lot after hours
by the public. Attorney Zanck stated Mr. Jett will have insurance and parking is not prohibited.
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November 15, 2017
Page 7
Vice-Chairman Thacker opened the floor to questions and comments from the audience.
Attorney William McIntee, 3436 W. Elm St., stated he is an adjoining property owner and wanted
to know how many parking spaces are provided in the off-street parking lot for the property.
Attorney Zanck responded 18-20 spaces. Attorney McIntee stated he hopes there is a snow
removal storage plan in place because that parking area has been used for snow removal for
excess snow in the City and he wanted to know what will happen with that. Director Martin
stated the Public Works Department will work something out in regard to snow removal.
Mr. Phil Hofstetter, owner of 1309 N. Green St., stated he was previously going to purchase this
building for a direct-buy company and warehousing business but was told it needed a sprinkler
system if it was over 6000 sq. ft. and he was told he would have to put in a new water line. He
further stated there is no storm drain on Green St. and his property floods because the city let
the bank raise their property so it now flows onto his property. He stated he has owned 1309
Green since March 2016 and had to restore the b uilding due to problems left by the previous
owner. He stated he had to bring his property up to green code and he expects Mr. Jett must do
same thing. Mr. Hofstetter opined this type of business use is not good for this area and further
opined Mr. Jett should step down as Mayor because it is a TIF property. Discussion of sales tax
and where it goes in regard to Mr. Jett’s property and the theater ensued. M r. Hofstetter stated
he has already called the state fire marshal in regard to the theater property which Mr. Jett has
a stake in. Mr. Hofstetter stated he is disappointed in the City’s handling of this property
exchange and has had other problems in the past when trying to buy and upgrade properties. He
has spoken with Lisa Madigan and he will pursue further action if this request is approved. Mr.
Hofstetter does not believe zoning rules are being followed by the City and he was told it would
be more than $450,000 to get building up to code when he pursued the same building for the
same type of use.
Vice-Chairman Thacker closed the public comment portion of the hearing at 8:12 p.m.
Motion by Meyer, seconded by Doherty, to recommend to the City Council with regard to File
No. Z-918, approval of an application for a Conditional Use Permit for an expanded site plan review in
accordance with the downtown overlay district to allow a contractor’s office, with storage on-site and two
principal uses on one zoning lot and any other variances to allow the property to be developed in
substantial conformance with the public hearing application submitted for the subject property located
at 1306 N Green Street subject to the following conditions:
1. The applicant shall comply with the Downtown Design Guidelines utilizing and enhancing original
building elements on the exterior as well as parking area;
2. In accordance with the Downtown Design Guidelines the use of box signs, exposed neon, flashing
and moving signs is prohibited;
3. There shall be no loading/unloading on the public right-of-way; and
Staff finds the application is in conformance with the purpose and intent, goals, and criteria for review in
the DOD Ordinance.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Thacker, and Walsh.
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November 15, 2017
Page 8
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Strach.
Motion carried 6-0.
Vice-Chairman Thacker closed the Public Hearing regarding File No. Z-918 at 8:15 p.m.
Commissioner Strach returned and re-joined the meeting.
Review of updates to Existing Land Use and Zoning Maps and Statutory Regulations pertaining to
Planning and Zoning Commission Responsibilities
Director of Economic Development Martin referenced discussion at the October meeting about the
consistency policy, the existing land use map and boundary agreements, the transportation plan etc.
being included on the map being updated by December 1. The updated map will be brought to the
December Planning and Zoning meeting in order to open discussion on how to update the future land use
map. One strategy mentioned is, when suggesting rezoning and/or a property map amendment, to make
it consistent with the comprehensive plan but also to allow for it to be consistent with other policies or
documents such as the economic development plan, economic development strategy, or other
documents we could reference as part of the adoption statement. Commissioner Strach asked if this
would include future land use map changes as well. Director Martin answered affirmatively stating
reasons for the change would be given but not just current use it is not consistent with the comprehensive
plan but could also include other policies or documents that would be referenced. We will then be able
to support the changes to finalize the map revisions. This effort would be an attempt to make the
documents remain consistent and not have to wait five years to update the documents but hopefully
allow it to be done once a year with the future land use map so it remains consistent .
Commissioner Meyer asked if there is a legal requirement to follow the comprehensive plan or can some
wiggle room be built in so it would be an easier process for applicants. Director Martin stated that’s why
it is a policy document. The plan needs to be consistent with the zoning ordinance. No matter how well
it is written there will always be things outside the rules. Attorney Cahill added to the conversation stating
amending the comprehensive plan can help in future zoning intentions of specific areas. McHenry is home
rule so some statutes don’t apply but the consistency plan and updates gives the commission the ability
to make the plan and maps more current. These documents have not been reviewed in 12 years and this
plan will make it more consistent and easier to address needed updates. Director Martin stated the
current maps were not even digitized until 3-4 years ago. The new map will be quite extensive and include
everything including boundary agreements. The commission can then decide how to divide the city into
quadrants for ease of looking at and reviewing the future land use. Discussion ensued. Commissioner
Miller stated this is a worthwhile project and allows us to view inconsistencies and she looks forward to
having the ability to clean it up. Director Martin stated the map that will be presented in December will
show cleaned up land uses and also label things property as they are - parks, schools, …. – not just
institutional use, etc. Farmland and vacant parcels will also be labeled on the map. The Commission can
then start looking at land uses and will involve the public in those discussions. Also proposed at the
December meeting will be how to layout a public process for workshops or input. The first area, or
quadrant, to be addressed will be determined by the existing boundary agreements and everything will
have to go through a public hearing process.
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November 15, 2017
Page 9
Staff Report
The next Planning and Zoning meeting is scheduled for Thursday, December 14, 2017.
Adjournment
Motion by Miller, seconded by Doherty, to adjourn the meeting at 8:40 p.m.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
____________________________________________
Dorothy M. Wolf, Economic Development Coordinator