HomeMy WebLinkAboutPacket - 06/21/2017 - Planning and Zoning CommissionPLANNING AND ZONING COMMISSION MEETING NOTICE
DATE: Wednesday June 21, 2017
TIME: 7:30 p.m.
PLACE: McHenry Municipal Center
(City Council Chambers - South Court Entrance)
333 South Green Street, McHenry, IL 60050
AGENDA
1. Call to Order
2. PledRe of Allegiance
3. Roll Call
4. Public Input -(five minutes total on non -agenda items only)
5. Consideration of Approval of Meetinx Minutes: May 17, 2017 Regular Meeting
6. Z-910 Public
Hearins
—Minor
Variance
from Article IV
Residential Districts to allow an
encroachment
into the
required
side yard
of approximately
2.5at 318 South Windhaven Court
Applicant: Michael LoIII se, 318 Windhaven Ct., McHenry IL 60050
Requested
Actions: Minor
Variance to allow an encroachment in the required
side yard
oI
approximately LID
Location of Subiect Property: The subject property is located at 318 Windhaven Ct.,
McHenry, IL
7. Z-911 Public Hearins — Use variance to allow a tattoo parlor and art studio at 3405 W Elm Street
Applicant: Justin and Cory Murov, 38160 N. 4`^ Avenue, Spring Grove, IL 60081
Requested Actions: Use variance to allow a tattoo parlor and art studio.
Location of
Subiect
Property:
The subject
of Elm Street,
property is located
east of Court Street
at 3405 W.
and west of
Elm
the
Street,
river.
McHenry, IL, on the
south side
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner.
8. Z-912 - Approval of final Plat of Heidner Properties Subdivision and variance from the
Subdivision Control and Development Ordinance Section 6.13 requiring above -ground
structures along the perimeter of a new subdivision to be buried along Chapel Hill Road.
Applicant: RR McHenry, LLC, 5277 Trum Blvd., Hoffman Estates, IL 60192
Requested Action: Approval of Final Plat of Heidner Properties Subdivision and Variance
from the Subdivision Control and Development Ordinance Section 6.13 requiring above-
ground structures along the perimeter of a new subdivision to be buried along Chapel
Hill Road as submitted for this petition.
Size and Location of Subiect Property: The Subject Property is generally located at the
northwest corner of Illinois Route 120 and Chapel Hill Road ("Subject Property"),
excluding the Riverside Chocolate Factory parcel. The property located at 2207-2211 W.
Country Lane, parcels located immediately adjacent to the east and west of the existing
water tower, is also included as part of this request.
9. Staff Report —Next Meeting Date :July 19, 2017
10. Adjourn
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a custarner-oriented, efficient and fiscally responsible manner.
City of McHenry
Planning and Zoning Commission Minutes
May 17, 2017
Chairman Strach called the May 17, 2017 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:31 p.m. In attendance were the following:
Doherty, Meyer, Sobotta, Strach, Thacker, and Walsh. Absent: Miller. Also in attendance were:
Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant
Wolf.
Approval of Minutes
Motion by Meyer, seconded by Sobotta, to approve the April 12, 2017 regular meeting minutes
of the Planning and Zoning Commission Meeting as presented:
Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0.
Public Hearing: JAMILTAYLOR (JUSTICE GROWN)
File No. Z-908
618 S Illinois Route 31
Use Variance to allow Construction of a Medical Cannabis Dispensary under the
Compassionate Use of Medical Cannabis Act and any other Variances required
effectuating the request on the subject property
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-908, an
application for a use variance to allow Construction of a Medical Cannabis Dispensary under the
Compassionate Use of Medical Cannabis Act and any other Variances required effectuating the
request on the subject property as submitted by Jamil Taylor, Justice Grown, 311 N. Aberdeen
St. #300, Chicago, IL 60607.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
May 2, 2017. 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 Jamil Taylor, VP of Business Development, 6331 S Kenmare, Chicago IL 60637
and Ashley Peterson, CEO Illinois, 3404 W. McLean. Chicago, IL 60607 who were sworn in by
Chairman Strach. Mr. Taylor provided a summary of the request before the Commission at this
Hearing stating Justice Grown is a business founded by a group of attorneys who had issues
with social justice in making sure citizens in the US are served justly. He has been a Vice
Planning and Zoning Commission
May 17, 2017
Page 2
President with Justice Grown for a year and a half. They currently cultivate in Illinois being one
of 22 licensees. Ms. Peterson stated she currently runs the cultivation center in Edgewood
Illinois (Effingham County) and May 31 will be their one year anniversary. Mr. Taylor and Ms.
Peterson went through a 20 page presentation about their company, background, history of
medical cannabis and why McHenry County is a prime location as a dispensary to serve patients
in the local area. Mr. Taylor gave his corporate financial background and wants to serve and
educate people in the community to help understand why their product is medicine and how to
use it safely and not abuse it. Ms. Peterson stated she was a school principal for Chicago Public
Schools for four years and she taught for seven years prior to that. She left that role to right
some of the wrong views in the community on medical cannabis and giving medical aid to
people in the community with very few side effects. They explained the healing component of
medical cannabis incorporating an overview of the industry. Mr. Taylor and Ms. Peterson
referenced a Chicago Tribune article and quotes regarding safety of medical cannabis
dispensaries. They noted there has never been a robbery or any issues with the organizations
that are currently regulated in Illinois because the security is so highly regulated. Dispensary
licenses are given out based on population. In 2016 there was $36 million in revenue and in
April alone there was $6.6 million in revenue. There are approximately 500,000 people
suffering from 40+ qualifying conditions and about 20,000 patients presently have legal medical
cannabis cards with numbers increasing by 3000 every month. McHenry County was never
awarded a dispensary license in the first run of licensing and there are about five licenses left to
issue. McHenry County is densely populated and the City itself is a perfect location central to
the county. There is a big demand for the product and the closest dispensary is in Rockford.
Only 4000 sq. ft. of the 10,000 sq. ft. building will be used for the dispensary. The rest will be a
community space used for education, yoga, and classes to help people in the community make
lifestyle changes. The location is close to law enforcement, near medical facilities and has a one
way in and out entrance which is not visible from the street. This location is good for
anonymity and safety of clients as well. A percentage of proceeds is earmarked to the local
school districts for things such as offering sponsorship of a DARE officer, partnering with drug
abuse programs, sponsoring health fair events, and partnering with tenants in or near the park
such as chiropractors, massage therapists, and working with veterans and groups suffering from
PTSD. Mr. Taylor and Ms. Peterson encouraged anyone to call Effingham County and they will
be given positive reviews of how Justice Grown operates. They want to be a positive influence
in the community.
The operation will have very high security sponsored by Eagle Security. There will be
approximately 32 cameras for the 4000 ft. space covering every spare inch of the facility.
Delivery of product is typically in the morning during daylight hours and a security guard is on
staff at all times. Security procedures were presented. Illinois is operating a very tight ship in
regard to security of these facilities with no incidents reported to date and they operate
discreetly yet safely. The premises will not look like a head shop or smoke shop but will rather
have a professional, welcoming and medical pharmacy facility design with very discreet signage.
Planning and Zoning Commission
May 17, 2017
Page 3
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating the requested action is a use variance to allow construction of a
medical cannabis dispensary at 618 S Illinois Route 31 but also includes a 1,060 square -foot
community space.
The
property consists of (two)
one-story buildings, 618
and 620 South Illinois Route 31. Lot 2
can
only be accessed from Illinois Route 31 by way of an
access easement, which is depicted on
the
plat of survey. The current
zoning of the property was presented.
Director Martin stated in August 2013 the State of Illinois enacted the Compassionate Use of
Medical Cannabis Pilot Program Act (the "Act'), which became effective January 1, 2014. The
Act is in place until July 2020. The Act permits one dispensary in McHenry County. The State of
Illinois Department of Financial and Professional Regulation originally planned to issue 60
permits for dispensary centers in Illinois however there were a few permits for dispensaries
that were not issued and no permit for a dispensary was issued in McHenry County.
An update from the State of Illinois Medical Cannabis Program Pilot website was provided.
Director Martin stated Phoenix Farms of Illinois presented a petition to the Planning and Zoning
Commission which was subsequently approved by the City Council for a medical cannabis
cultivation center at 1515 Miller Parkway in the McHenry Corporate Center. Phoenix Farms of
Illinois was not issued a cultivation license for 1515 Miller Parkway and Fabrik Industries since
purchased, expanded and is operating out of 1515 Miller Parkway.
Amendments to the zoning ordinance pertaining to dispensaries were considered by the
Planning and Zoning Commission and subsequently approved by the City Council and include
dispensaries as conditional uses in the C-5 Highway Commercial District. A definition and
summary of the regulations approved for dispensaries was provided.
The applicant is required to obtain a use variance to allow a medical marijuana dispensary at
the subject property because the City s zoning ordinance only permits dispensaries as
conditional uses in the C-5 zoning district, and the subject property is zoned 0-1.
As part of the application process with the State of Illinois and in accordance with the
provisions of the Act and accompanying administrative rules, Justice Grown is required to meet
several minimum regulations and will be categorically scored based on their ability to
demonstrate how well they address each of the criterion in their application to the state. These
requirements were presented and Justice Grown has included information in their application
packet which addresses all state -mandated criteria.
Form E of the City's zoning ordinance includes approval criteria to be considered when
evaluating a request for a use variance. Five criteria which the applicant must satisfy to receive
a positive recommendation for the request were provided. The two buildings on the subject
property, 618 and 620 South Illinois Route 31 have been vacant for several years. The site is
Planning and Zoning Commission
May 17, 2017
Page 4
also unique for the simple fact that it meets the strict location requirements outlined in the Act.
Additionally, Route 31 road improvements were recently completed which restrict access to the
subject property and significantly limit the uses which could reasonably locate on the site. First
National Bank closed their facility directly to the north of the subject property due to the access
limitations.
Director Martin stated staff does not believe the proposed use will alter the character of the
area and that it will be a destination business. It is accessed off a major roadway and abuts
vacant land to the south, a vacant building to the north, a multi -tenant office/medical building
to the west and a cemetery to the east. The proposed use is a destination, provides a service to
our community and will draw people from outside the City due to the limitation on the licensing
of dispensaries. Additionally, Justice Grown is including a community space within the building
and has made it clear they want to be active within the City and partner with the community.
Director Martin discussed access and safety of the property. Photographs of the subject
property and surrounding area were presented. Staff's primary zoning concerns pertaining to
the proposed use include: safety and security for patrons of the proposed business as well as
other businesses on Lots 1 and 2, deliveries and access to the business. If awarded a license,
the operator of the proposed medical cannabis dispensary will be required to provide
continuous uninterrupted video surveillance. Such surveillance must be available "real time"
24 hours/day and accessible by the State of Illinois. Staff presented an email in support of the
project.
Electronic video monitoring is defined as: "'continuous and uninterrupted video surveillance of
dispensary activities and oversight for potential suspicious actions,"' Due to the ambiguity and
subjectivity of this provision staff would recommend 24-hour/day 7 days/week real time video
surveillance to include the entire exterior perimeter of 618 South Illinois Route 31, as well as
the interior of the building. This would include the north, south, east and west sides of the
building, common parking area to the north as well as the ingress/egress to the subject
property from Illinois Route 31, Director Martin highlighted the security and video monitoring
requirements and stated if this request is approved staff will ensure the operator works with
the police department to adequately satisfy this requirement. Additionally, staff recommends
the operator maintain on -site security personnel during business hours which is already part of
their plans.
Staff wants to ensure the parking lot lighting standards comply with the minimum parking lot
lighting requirements set forth in the City's zoning ordinance and recommends a photometric
plan be submitted to verify this requirement is met, and if the lighting restrictions set forth in
the zoning ordinance are not met staff recommends the applicant install additional/new
standards to comply with the ordinance.
Director of Economic Development Martin
stated Staff
recommends approval of
a use variance
to allow a medical cannabis dispensary on
the subject
property, at 618 S Illinois
Route 31, and
Planning and Zoning Commission
May 17, 2017
Page 5
any other variances required to effectuate the aforementioned request in accordance with the
Compassionate Use of Medical Cannabis Pilot Program Act, in substantial accordance with the
conceptual architectural plan completed by Perimeter Architects dated 4.18.17 and subject to
conditions as presented and Staff finds all requirements in Table 32(A) of the zoning ordinance
have been satisfied.
Director Martin presented an email and mailed correspondence admitting them to the record
regarding the proposed use as well as an email received today from Ms. Laura Miller objecting
to the use of the property as a medical cannabis facility. Director Martin responded to Ms.
Miller's email with pictures showing the dispensary will be well over 1,000 ft. from any day care
facility.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Thacker asked for a description and frequency of deliveries. Ms. Peterson stated
that rules and regulations for deliveries state deliveries must be randomized and that Justice
Grown is open to coordinating with the McHenry Police Department which is something they
do in Effingham County. The security officer on the premises will be unarmed but will be very
well trained in other methods of security.
Commissioner Walsh asked about the opiate abuse information given in the power point
presentation on slide 9 and whether or not a reduction in the statistics has been realized. Ms.
Peterson stated they have actually seen a reduction in the statistics on slide 9 since opening as
well as reduced opiate overdose deaths and a reduction in Medicaid costs.
Commissioner Sobotta how the delivery system of cash flow is handled. Mr. Taylor stated cash
bags have tracking devices hidden in them and Smartsafes eliminate the cash till explaining
cash goes in but none goes out by employees working similarly to an ATM. Prepaid cards
purchased can be used which lessens the use of high cash retention building up in the facility.
Mr. Taylor further stated the vault room is in the middle of the facility. Mr. Sobotta asked if
there is a plan to put up fencing in the rear of building. Mr. Taylor stated they have considered
the addition of concrete posts and planters but nothing is definite yet due to high security
already in place. He further stated the product cannot be used inside or outside the facility and
a security guard is always present.
Commissioner Doherty asked how the product is packaged. Mr. Taylor answered there are
many ways to use the product which comes in pill form, edibles, olive oil, diffused vaporizing
cartridges, and flower buds used to smoke. All products are pre -packaged and dispensary
displays are showing all three forms of packaging will be present — flowers, edibles,
concentrates. Packages are all child resistant with tamper evident seals along with a list of
information similar to prescriptions. Commissioner Doherty asked how soliciting clients is done.
Ms. Peterson stated educational seminars are held with public speakers and people will not see
commercials, radio ads or the like.
Planning and Zoning Commission
May 17, 2017
Page 6
Commissioner Walsh asked if people wanting to participate in the community outreach aspect
will need a medical card to get in or if it will be open to public. Mr. Taylor stated the
community space will be open to the public and the beauty of this particular space is that the
outreach center has a separate entrance.
Commissioner Meyer asked what stage of the licensing process Justice Grown is in and how
long does it can take. Mr. Taylor stated they are actually in a limbo state with their application
tucked away and ready to go. Governor Rauner has not opened up the applications yet and
each one is typically 500 pages long. The second round of applications is expected to open up
this year and Justice Grown is trying to be proactive. There are only 5 licenses remaining in the
entire state.
Commissioner Strach asked if finding a location is part of the application process. Ms. Peterson
explained as part of the process a facility must be earmarked and approved before the facility
application can be touched so this is part of the process to help with approval of a license.
Commissioner Thacker asked if they have any idea of the number of residents in McHenry
County currently holding medical cannabis cards. Ms. Peterson stated a nearby dispensary said
they do not have access to that information but McHenry County residents are currently
travelling over an hour one-way to get to medical cannabis dispensaries.
Commissioner Doherty asked if the use of the dispensary will be open to out of state residents
and the typical hours of operation. Ms. Peterson stated it can be used by Illinois residents only
and hours of operation are typically six days a week from 10 a.m. until 6 or 7 p.m. Patients are
regulated to a maximum 2.5 ounces every 14 days which is trackable. Commissioner Doherty
asked how they donate money to schools and help educate students. Mr. Taylor answered
doctors and health experts are invited in and compensated to speak sometimes explaining the
way to use it as medicine including presentations by and for the Substance Abuse Coalition,
Chairman
Strach opened
the floor
to questions
and
comments
from the audience. The
following
were sworn in by
Chairman
Strach prior to
their
addressing
the Commission:
Amin Kennedy, 7511 Hiawatha, Wonder Lake IL came to show support. Her husband has MS
and has had years of pain and suffering taking much medication including opiates over the
years without any relief or success. The family physician suggested the medical cannabis route
for Mr. Kennedy to try and get relief. Ms. Kennedy works in the healthcare industry and was
skeptical at first but after visiting the dispensary with the medical cannabis card and being
educated on the program she has changed her opinion and realizes alternative choices need to
be made available to patients in addition to mainstream medical care. They presently now
need to travel over an hour to a dispensary but her husband has a much better quality of life
now than he has for the past 10 years.
Planning and Zoning Commission
May 17, 2017
Page 7
Dave Trost, 414 N Shepherd Hill Lane, McHenry IL was very impressed with the program and
the amount of thought put into it. Mr. Trost thinks it is needed in the community and believes
it is in total compliance with the regulations as well as being able to provide needed tax dollars
to the city.
Sophia Giblin, 4605 Loyola Dr., McHenry IL came to show support. She is certified to dispense
medical cannabis in the state of Illinois. It is highly regulated and somewhat micromanaged but
quite helpful to patients.
Kaylie Hukirk, 1447 Todd Farm Drive, Elgin IL said she was one of the first employees in Illinois
to dispense medical cannabis. She has helped the two major advocacy groups in Illinois to sign
up over 1000 patients prior to the program's existence. She presently works in a full service
wellness center in West Dundee and they believe in Justice Grown's work due to the huge gap
in the medical industry for alternative patient services along with education and holistic
lifestyle changes. Kaylie is highly impressed with Justice Grown's educational aspect and
services being provided for the community. She further opined an opiate epidemic is here in
the City and the County and if the community supports this it will be quite beneficial toward
healthier residents and a decrease in crime.
Chairman Strach closed the public comment portion of the hearing at 8:36 p.m.
Director Martin stated this is a recommending body to make recommendations to City Council
and anyone with questions or concerns or wanting more information should contact him
directly.
Motion by Meyer, seconded by Walsh, to recommend to the City Council with regard to File No.
Z-908, approval of an application for a Use variance to allow a medical cannabis dispensary on
the subject property, at 618 S Illinois Route 31, and any other variances required to effectuate
the aforementioned request in accordance with the Compassionate Use of Medical Cannabis
Pilot Program Act, in substantial accordance with the conceptual architectural plan completed
by Perimeter Architects dated 4.18.17 and subject to the following conditions:
• Facility may not be located within 1,000 feet of the property line of apre-existing public
or private nursery school, preschool, primary or secondary school, day care center, day
care home or residential care home. Learning centers and vocation/trade centers shall
not be classified as a public or private school for purposes of this section;
• Justice Grown shall file an affidavit with the City affirming compliance with Article III.
General District Regulations Section Q. Medical Cannabis as provided herein and all
other requirements of the Act
• Justice Grown shall install 24-hour/day 7 days/week real time video surveillance
equipment, to be approved by the City, which covers/encompasses the entire exterior
perimeter of 618 South Illinois Route 31, including the north, south, east and west sides
of the building, common parking area to the west of 618 South Illinois Route 31 as well
Planning and Zoning Commission
May 17, 2017
Page 8
as the ingress/egress to the site. Additionally, equipment encompassing the interior of
the building, common hallway/entrance and entire space of 618 S Illinois Route 31 shall
be installed and all surveillance equipment must be in place, tested and operational
prior to receipt of a certificate of occupancy;
• Justice Grown shall maintain on -site security personnel at all times business is
conducted at the subject property; proof of such security shall be provided to the City
prior to receipt of a certificate of occupancy;
• If use variance is approved there shall be no residential dwelling units permitted on
subject property at any time the dispensary remains in operation;
• A photometric plan must be submitted verifying minimum parking lot lighting
requirements are met. If the regulations are not met, additional/new lighting standards
must be installed in accordance with all City ordinance requirements prior to granting an
occupancy permit for the proposed medical marijuana dispensary;
• For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as "Other Retail and Personal Service' in accordance
with Article VII Off -Street Parking & Loading Table 13: Required Parking Spaces for Non -
Residential and Non -Lodging Uses and proposed dispensary on subject property shall
comply with said regulation;
• Use Variance for a dispensary on the subject property shall be null and void if Justice
Gown does not secure a license to operate a medical marijuana dispensary from the
Illinois Department of Financial and Professional Regulation by December 31, 2018
be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been
satisfied.
Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0.
Commissioner Thacker thanked Justice Grown for providing an extremely professional and
informative presentation at the hearing.
Chairman Strach closed the Public Hearing regarding File No. Z-908 at 8:38 p.m.
Public Hearing: UTOPIAN ROAST LLC
File No. Z-909
1252-1254 N Green Street
Conditional Use Permit to allow assembly use, along with a coffee shop
Planning and Zoning Commission
May 17, 2017
Page 9
and other retail/service businesses with outdoor seating and indoor entertainment
and any other variances required to develop the subject property in substantial accordance
with the site and building layout submitted for the subject property.
Chairman Strach called the Public Hearing to order at 8:40 p.m. regarding File No Z-909, an
application for a Conditional Use Permit to allow an assembly use (gathering space) along with
outdoor seating and indoor entertainment at 1252-1254 N Green Street along with vacant lot
to north and any other Variances required effectuating the request as submitted by Dan
Kernes, Utopian Roast LLC, 1254 N. Green Street, McHenry, IL 60050,
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
April 30, 2017. 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 Dan Kernes, 2600 Birch St., McHenry who was sworn in by Chairman Strach.
Mr. Kernes provided a summary of the request before the Commission at this Hearing stating
he is applying for assembly use for the property to make significant changes to the building and
landscape and improve the vacant lot on the corner as well as re -opening his successful coffee
restaurant.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating the applicant operated a traditional coffee house, Hidden Pearl
Cafe, in the former Downtown Theater building, which is currently being renovated to
accommodate a movie theater and restaurant. Dan Kernes, proprietor of Hidden Pearl Cafe
built a following of people who could come to his coffee shop and do different events such as
poetry readings, theatrical performances, comedy, etc. and he decided to expand and pursue a
coffee house and event space in a larger venue and has been working with staff to address
building and zoning -related challenges.
A narrative describing Dan's vision for the building, 1252-1254 N Green Street and vacant lotto
the north was provided. He is in the process of reopening his coffee house, which he can do
without approval from the Planning and Zoning Commission and City Council however he also
wants to create a larger event space for assembly use. He is in the process of purchasing the
vacant land at the southeast corner of Elm and Green but does own the existing building (1252-
1254 N Green).
An important aspect of downtown revitalization is attracting people downtown and keeping
them there as long as possible -similar to a shopping center. Dan's long-term vision is to open
his building to the south and provide access to Neumann Park from his building. He is also
exploring the use of public art and murals to make the exterior of the building more attractive.
In the short-term two -three retail spaces will open to the north (facing Elm Street) with an area
set aside for outdoor seating.
Planning and Zoning Commission
May 17, 2017
Page 10
The coffee house and assembly use will be in the southern half of the existing building and
encompass two-thirds of the building area (open to public/excluding basement). Currently the
vacant lot to the north has a vehicular access driveway off of Elm Street and in the short-term
the paved area and access will remain unchanged so people can utilize the existing parking;
however, when this is expanded in the future (additional parking, etc.) approval from the
Illinois Department of Transportation will be required.
Opening the building to Neumann Park may not occur immediately but staff definitely supports
the idea to utilize this underutilized space, similar to D.C. Cobbs use of Walsh Park; however
there is no outdoor entertainment being proposed in Neumann Park. The applicant is also
going to request a liquor license and has set aside a space for indoor video gaming. The alcohol
and video gaming, under the applicant's plan, is complimentary to the principal use as an event
space. Therefore, it will enhance the assembly use request and allow the applicant to host
events where people may desire to have a drink; however, the applicant does not want to have
alcohol consumption or service outside.
Director Martin stated parking within downtown areas in any community is a challenge,
however the proposed use will not create any more traffic, require any additional public
services or facilities or require more parking than any other use, which is permitted by right in
the C-4 district. The applicant is maximizing the building space for his assembly use while also
taking advantage of the location and visibility and renting two -three smaller spaces to other
businesses conducive to a downtown setting.
The applicant will most likely add more parking on the vacant lot to the north however this will
require IDOT review and approval and the applicant's primary objective at this point is get his
business up and running, seek approval for the assembly use and build out the other tenant
spaces so he has revenue to expand the parking in the future.
Director of Economic Development Martin stated Staff is recommending approval of a
Conditional Use Permit to allow an assembly use (gathering space), consisting of approximately
4,800 square -feet, along with outdoor seating and indoor entertainment at 1252-1254 N Green
Street and vacant lot to north in substantial conformance with the attached interior/exterior
plan and elevations submitted subject to the conditions proposed in the Staff Report and
Staff finds the requirements of Table 31 for Conditional Use Permits of the zoning ordinance
have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Meyer expressed concern with approving something for a property that is not
owned by the applicant. Mr. Kernes stated the property is under contract and Mr. Martin
stated the current owner sent in a notice of permission for the application.
Planning and Zoning Commission
May 17, 2017
Page 11
Commissioner Doherty asked when the property purchase will be closing and now much of the
property will be left as open green space. Mr. Kernes replied the closing for the vacant lot is
tentatively scheduled for August and they have plans to landscape and make a nice park -like
corner possibly adding parking in the future but that would require a 6-8 month process
through ]DOT.
Commissioner Doherty inquired which or how many businesses would be requesting a liquor
license. Mr. Kernes replied the license that will be applied for is only for the coffee shop and
event space. They will have limited alcohol available but not a full bar and do not intend to
serve alcohol outdoors. Commissioner Doherty further inquired what type of approval would
be needed for artwork to be done on the building exterior walls. Director Martin replied there
are design guidelines that must be followed. Full artwork is not planned out yet but must
follow design guidelines when and if it is done.
Commissioner Sobotta inquired as to the number of parking places available on the vacant lot
to North of building. Mr. Kernes stated there are approximately 15 spaces there and he
believes there is plenty of parking available very close by as well.
Chairman
Strach opened
the floor
to questions
and
comments
from the audience. The
following
were sworn in by
Chairman
Strach prior to
their
addressing
the Commission:
Dave Trost, 414 N Shepherd Hill Lane McHenry said he has been very impressed with Hidden
Pearl Cafe and the community involvement that is there complimenting the performances he
has seen there. He stated many students from area schools have participated in poetry slams
to a full house and the events held there are great and support local residents. Mr. Trost
wanted to express his support of this request.
Bobbi Baehne, 1401 Draper Rd., McHenry stated she sincerely misses the Hidden Pearl since its
closing. Ms. Baehne stated one aspect that hasn't been talked about is that there are a
tremendous amount of small business people that spend their days working at Hidden Pearl
Cafe as it is a hub for business people in the community to network and meet in the
community.
William Schwartz, 43 Pine Court, Crystal Lake is the owner of the property across the street
from this location (1241-1243-1245-1249 Green St.). Mr. Schwartz stated this business will
benefit the community by bringing foot traffic to the downtown area (Green Street) and he is
greatly in support of this request.
Chairman Strach closed the public comment portion of the hearing at 8:56 p.m.
Motion by Sobotta, seconded by Walsh, to recommend to the City Council with regard to File
No. Z-909, approval of an application for a Conditional Use Permit to allow an assembly use
(gathering space), consisting of approximately 4,800 square -feet, along with outdoor seating
Planning and Zoning Commission
May 17, 2017
Fage 12
and indoor entertainment at 1252-1254 N Green Street and vacant lot to north in substantial
conformance with the interior/exterior plan and elevations submitted subject to the following
conditions:
• Applicant must comply with all regulations of the McHenry County Health
Department;
• Applicant must enter into a redevelopment agreement with the City to address
the use of Neumann Park;
• The applicant shall comply with the Downtown Design Guidelines with regards to
any exterior fagade improvements;
• In accordance with the Downtown Design Guidelines the use of box signs,
exposed neon, flashing and moving signs is prohibited;
• There shall be no consumption or service of alcoholic beverages outside and no
service of food outside;
• No outdoor entertainment shall be permitted unless a temporary use to do so is
approved by the City;
• Applicant shall work with the City in obtaining an easement or come to an
agreement on the vacant lot at Green/Elm whereby a sign could be erected
welcoming people to Downtown McHenry; either in addition to or in
combination with a sign for the tenants within the building at 1252-1254 N
Green Street;
• Existing parking spaces on lot to north shall be restriped and no parking
expansion on lot to the north shall occur without prior approval from IDOT and
City of McHenry;
be granted, and
Staff
finds
the requirements of Table 31 for Conditional Use Permits of the
zoning ordinance
have
been
met.
Voting Aye: Doherty, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: one,
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0,
Chairman Strach closed the Public Hearing regarding File No. Z-909 at 8:59p.m.
Staff Report
The next Planning
and
Zoning meeting
is scheduled for Wednesday, June 21, 2017. Director
Martin also stated
the
City is hosting a
regional Chicago Metropolitan Agency for Planning (a
Planning and Zoning commission
May 17, 2017
Page 13
seven county regional
planning
organization based
in Chicago) On to 2050 Forum at City Hall on
June 15 at 6:00 p.m. and
all are
welcome to attend.
Contact Director Martin for more
information if anyone
is interested.
Adjournment
Motion by Meyer, seconded by Thacker, to adjourn the meeting at 9:00 p.m.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Miller.
Motion carried 6-0. The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Dorothy M. Wolf, Administrative Assistant
City of McHenry
[PLANNING AND ZONING COMMISSION STAFF REPORTZ-910-MINOR
VARIANCE FROM ARTICLE IV RESIDENTIAL DISTRICTS TO ALLOW AN
ENCROACHMENT INTO THE REQUIRED SIDE YARD OF
APPROXIMATELY 2,5' AT 318 SOUTH WINDHAVEN COURT ]
Applicant
Michael Lohse
318 S Windhaven Court
McHenry, IL 60050
Requested Action
Variance from Article IV Residential Districts to allow an encroachment of 2.5' into the required side
yard.
Site Information
Location and Size of Property
The subject property is located at 318 S Windhaven Court, approximately. 25 acres and is located on the
east side of Windhaven Court and west of Glenbrook Trail. (Winding Creek Unit Four Subdivision)
Existing Zoning and Land Use
The subject property is zoned RS-3 Medium -High Density Single -Family Residential, developed with a
two-story single-family residence constructed in 1987 and includes a 400 square -foot attached garage.
Comprehensive Plan Designation
Medium -Density Residential (4-9 dwelling units/gross acre)
Adjacent
Zoning
and
Land
Use
North:
RS-3
Medium High -Density
Single -Family Residential, Single -Family Residence
South:
RS-3,
Single -Family
Residence
East:
RS-3,
Single -Family
Residence
West:
RS-3,
Single -Family
Residence
Description of Request
The applicant is seeking a building setback variance to allow an encroachment of approximately 2.5 into
the required side yard. The proposed attached garage addition is 212 square feet. The required side
yard setback is 7.5' and the addition would extend 2.5' into the required side yard on the south side of
the home. The current garage is 400 square -feet.
Staff Analysis
Practically, without the variance, the width of the addition would be reduced to eight feet, and it would
be very difficult to fit a vehicle in the expansion area (minimum parking dimensions are 9' X 18'). The
applicant is also proposing a driveway expansion, which would align with the garage addition.
[PLANNING AND ZONING COMMISSION STAFF REPORT Z-910-MINOR
VARIANCE FROM ARTICLE IV RESIDENTIAL DISTRICTS TO ALLOW AN
ENCROACHMENT INTO THE REQUIRED SIDE YARD OF
APPROXIMATELY 2.5' AT 318 SOUTH WINDHAVEN COURT ]
If approved the garage would consist of about 600 square feet, which is not overwhelming. Attached to
the packet are sample renderings of the proposed addition. If required to comply with the 7.5-foot side
yard setback the applicant would not be able to maximize the property due to the width of the lot and
the fact the garage is located to the south of the home. There is no other opportunity to expand the
existing garage without the requested variance, which is minimal. Staff does not believe it will have any
adverse impact on the surrounding properties. The drainage flows to the south and east currently on
the southern half of the lot and the applicant cannot alter the natural flow of the water if the addition is
constructed. This will be reviewed in more detail when a permit is submitted.
Staff Recommendation Prior to Public Hearing
Approval of Variances from Article IV. Residential Districts to allow a 2.5-foot reduction in the required
side yard building setback. The proposed garage addition must be in substantial conformance with
attached elevations and site plan. Staff finds all requirements in Table 32 of the zoning ordinance have
been met.
Attachments
• Location Maps
• Application Packet
2
June 21, 2017
Michael R Lohse
318 Windhaven Ct.
McHenry, Ill. 60050
TO :City of McHenry
Building & Zoning
To Whom it may concern,
Community and Economic
Development
�,1AY 1 6 20'll
city of McHenry
May 16, 2017
I am submitting a request for a zoning variance to have a third car addition which would
require a variance of approximately 2' 6" which would bring it approximately 5'6" fiom
the lot line.
Thank- ou for our co si eration,
Michael R. Lohse
318 Windhaven Ct.
McHenry, IL 60050
815-344-6840
mrlohse@comcast.net
Michael R Lohse
318 S Windhaven Ct
McHenry, IL 60050
May 30 2017
To the City of McFlenry,
I am requesting this zoning vuiance for a garage addition. The addition will provide the needed space to
store my vehicles and personal property out of the elements. It will be an appealing addition and add value
to my home and property.
Thank -you for yom•consideration,
Michae] R Lohse
FORMA File Number � ql O
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Stree[ ^McHenry, H. 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173
1. Name of Applicant Tel
Addtess
2. Name of Property Owner
(If other than Applicant)
Address
City
3. Name of Engineer
(If represented)
Address
4. Name of Attorney
(If represented)
Address
Stated Zip .i�
Tel
Fax
State Zip
Tel
Fax
State_ Zip
5. Common Address or Location of Property _��� ,� •� 1/tf�/`�.�/7 �I���-iy �%
6. Requested Actions) (check all that apply)
Zoning Map Amendment (Rezoning)
Conditional Use Permit
Zoning Variance
_Other
Zoning Variance — Minor r
Zoning Text Amendment
Use Variance
YDefiniflon of Minor Variance: A vuiance granted to the fee owner, contract
purchaser or option holder of asingle-family detached or attached dwelling, or
single-family detached or attached building lot for that dwelling or lot.
FORMA Page 1 of 3
7. Current Use of Property
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
-� M Ikof,
9. Current Zoning Classification and Land Use of Adjoining Piroperties
North:
South:
East:
West:
10. Required Attachments (check all items submitted)
Please refer to the Public Heazing Requirements Checklist to determine the required attachments.
Application Fee (amount) $
75 2/"Narrative Description of Request
=3. FORM A — Public Hearing Application
4. FORM B — Zoning Map Amendment (Rezoning) Application
5 FORM C — Conditional Use Application
_6 FORM D— Zoning Variance Application
17. FORM E — Use Variance Application
8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
9. Plat of Survey with Legal Description
y List of Owners of all Adjoining Properties
�11. Public Hearing Notice
_12, Sign (Provided by the City, to be posted by the Applicant)
_13. Site Plan
144 Landscape Plan
/15. Architectural Rendering of Building Elevations
_16. Performance Standards Certification
_17. Traffic Analysis
18. School Impact Analysis
rv>ttvt .v Page 2 of 3
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is No[ Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Auplicant or Owner is Corporation or Parmerslrip
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the linuted partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
Sienature of Applicant(s)
Paint Name and Designation of Applicants)
FORMA Page 3 of 3
FORM D File Number 2�' gldr
ZONING VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry, IL 60050 Tel: (S 15) 363-2170 0 Fax: to 15) 363-2173
Table 32 of the City of McHenry Zoning Ordinance provides that in recoirunending approval or conditional
approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written
findings that all of the conditions listed below apply to the requested action.
Please resoond to each of these conditions as it relates to your reuuest
1. Soecial Circumstances Not Found Elsewhere
Special circumstances exist that are particular to the property for which the variance is sought and that do not
apply generally to other properties in the same zoning district; and these circumstances are not of so general
or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them.
��2ciC�%�� •
2. Circumstances Relate to Property Only
Since a variance will affect the character of its surroundings long after a property changes hands, the special
circumstances referenced herein relate only to the physical character of the land or building(s) for which a
variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business
or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the
personal, business or financial circumstances of such owner or tenant or any other party with interest in the
property,
rvivvr u Page 1 of 3
3. Not Resultingfrom Applicant Action
The special circumstances that are the basis for a variance have not resulted from any act of the applicant or
of any other party with interest in the property.
4. Unnecessary Hardshio
The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue
hardship upon the applicant, as distinguished from a mere inconvenience.
r7�dL�C`L1 L
5. Preserves Riehts Conferred by District
A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by
other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other
properties in the district.
��� ,,!! �' / ,/
No W
6. Necessary for Use of Property
The granting of a variance is necessary not because it will increase the applicant's economic return, although
it may have this effect, but because without a variance the applicant will be deprived of any reasonable use
or enjoyment of the property.
FORM D
Page 2 of 3
T Not Alter Local Character
The granting of a variance will not alter the essential character of the locality nor substantially impair
environmental quality, property values, or public safety or welfare in the vicinity.
G' Fc�/r�e'ejrl�>>
8. Consistent with Zoning Ordinance and Comorehensive Plan
The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance
and Comprehensive
iPlan of the City, as viewed in light of any changes conditions since their adoption.
/� 5 fit%"/Ml�
9. Minimum Variance Required
The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment
of the property.
r'U1LM ll Page 3 of 3
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Lot 18 in WINDING CREEK UNIT NO, 4, being a Subdivision of part of the
Northeast Quarter of Section 4, Township 44 North, Range 8, East of the
Third Principal Meridian, according to the plat thereof recorded April 200
1987 as Document Number 980833 in McHenry County, Illinois,
318 Windhaven Court
McHenry, IL -
ANYOMISSIONSORCHANGES ONTHESE _
PLANS MUST HAVETHEAPPROVALOF — -
THEAPPROVING OFFICIALpRIOR
TO INSTALLATION, PLAN APPROVAL
DOES NOTSUPERCEDEANYAPPLICABLH
_ ORDINANCES OR REGULATIONS OF
,'-;.',4" THE CITY OF Mc ENRY,IWNOIS
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This Permit is grayfto7and accepted with
he express understanding and ement
m ;11'n
at said improvement #w rm
all aspectswithtttal i sotyou C' o. an r _-- ' Q@%84 6ERGQ� g
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LAND
SURVEY CALL":WLIE 1.800.8 •0123 - r" STATE o� .f
wrrH rNEroi OF ILLINOIS I- - r �yaunb)s / '
COUNTY J} S.S. ..'` ca
9
r ,Ehr-rbwwsr V OF LAKE 3tikF
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48 Hours Before You Dig, -
(r w0 wORKWO DAYS)
In behalf of Howard Surveying Co., Inc., we as Illinois
Professional Land Surveyors do hereby certify that the buildings on lot shown
are within properly lines and the adjoining Improvements dd not encroach on
said premises, except where shown',
Dated at Waukegan, Lake County, Illinois this /3 tb
day of `�u �`f A.D.,
HOWARD SURVEYING CO., INC,
Professional IL La rveyor
NOTE:
This survey hsa been made for use In connection rAth a mortgage loan trenaectlon end is not to be used for any other purpose.
M EuadLp Cnee eM easemeMa hereon ehpMn era fran rewrtl p'et.
[PLANNING AND ZONING COMMISSION: STAFF REPORT Z-911
USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART
STUDIO FOR THE PROPERTY LOCATED AT 3405 ELM STREET
(ILLINOIS ROUTE 1201
Applicants
Justin and Cory Murov
38160 N 4111 Avenue
Spring Grove, IL 60081
Requested Action
Use variance to allow a tattoo parlor and art studio at 3405 W Elm Street
Site Information
Location and Size of Property
The subject property is located at 3405 W Elm Street and consists of approximately .13 acres.
Comprehensive Plan Designation
Commercial
Core Sub -Area Plan Designation
Office
Existing ZoninP and Land Use
The subject property is currently zoned C-4 Downtown Commercial and contains an
approximately 3,200 square feet (1,568 square feet on first floor with residential above and
basement) building. The building was constructed in 1936 and was formerly McHenry Paint and
Glass and Trend Reseller. The two buildings (3405-3411 W Elm) are attached, although on
separate lots but owned by the same group. There are a total of three storefronts and five
residential units above them.
Ad'lacent Zoning and Land Use
North: C-4 Downtown Commercial, Minuteman Press Building, Gadget Repair and Sales
and Cleaners
South: RS-4 High -Density Single -Family Residential
East: C-41 Big Fran's Boardwalk Gaming and RS-4, High -Density Single -Family
Residential, Residence
West: C-4, Vacant Mixed -Use (Commercial/Residential)
BACKGROUND
The applicant has been seeking a location for several weeks to open a tattoo parlor and art studio
and pursued the building at 3940 Main Street (Planning and Zoning Meeting Minutes attached),
however the Use Variance was not approved by the City Council. Concerns expressed at the
meeting included: covering windows and being aesthetically -pleasing; signage; preference to be
out of the downtown area and number of tattoo parlors already in the City. Currently the only
tattoo parlor in the City is located on Green Street.
1
[PLANNING AND ZONING COMMISSION: STAFF REPORT Z-911
USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART
STUDIO FOR THE PROPERTY LOCATED AT 3405 ELM STREET
(ILLINOIS ROUTE 1201
Mayor Jett and Director Martin subsequently met with the applicants to discuss other options.
Additionally, Mayor Jett requested a business plan (attached) and examples of their artwork
(attached), as well as the proposed sign. Following Director Martin contacted the property owner
at 3405 Elm to see if he would be interested in this use (building is currently vacant) and the
owner was amenable to working with the applicants. A tattoo parlor and art studio is not
currently a permitted or conditional use in any zoning district so a use variance is required. There
was a tattoo parlor at 3932 Main however this establishment closed at the end of 2016.
Additionally, the Use Variance for a tattoo parlor at 3932 Main Street will expire at the end of
June 2017,
ANALYSIS
Staff has been working with the applicant for some time to find an Ideal location for their
business. The applicant's narrative provides a good overview of their proposed business. Staff
does not believe a tattoo parlor and art studio will have any adverse land use impacts on adjacent
properties or require additional City services. Staff believes the proposed use will add an
additional element and amenity for people to come to McHenry and supports the use variance.
The proposed site at 3405 Elm is very difficult to lease due to limited parking and challenging
access however the proposed use is destination oriented.
There is some parking to the south and west of the building, as well as on -street parking. There
is also a wider sidewalk directly adjacent to the unit. There is parking on Court Street which is
open to the general public. The subject property can be accessed off of Elm or Court Street
(vehicular access) and while not downtown -is well -positioned to take advantage of downtown
events and draw pedestrian traffic, particularly with the wider sidewalks.
Tattoo parlors are very popular and part of mainstream society and staff believes it would be
shortsighted to not allow a business which there is clearly a demand for but does understand
some of the other tattoo parlors which have been in the City have not worked out for various
reasons.
RECOMMENDATION PRIOR TO PUBLIC HEARING
Approval of a use variance to allow a tattoo parlor and art studio on the subject property, 3405
W Elm, with the following conditions:
• Use variance shall expire and become null and void if the tattoo parlor use ceases for a
period of six consecutive months;
• No piercing is allowed on the subject property;
• Appropriate state licensure and inspections by the McHenry County Health Department
shall be obtained and completed prior to any tattooing being done at the subject
property;
2
[PLANNING AND ZONING COMMISSION: STAFF REPORT Z-911
USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART
STUDIO FOR THE PROPERTY LOCATED AT 3405 ELM STREET
(ILLINOIS ROUTE 1201
• The windows facing Elm Street shall not be covered; blocked or sight -line into the building
impeded in any manner with the following exception; interior signage may be placed on
the windows, however any signage must relate to the business and not cover more than
50% of the total window area;
• Sign for proposed business shall be in substantial conformance with the wooden sign
depicted on the cover of the business plan;
Staff finds all requirements in Table 32(A) ofthe zoning ordinance have been satisfied.
Attachments
• Location Map
• Planning and Zoning Commission Minutes dated April 12, 2017
• Application packet
3
[PLANNING AND ZONING COMMISSION: STAFF REPORT Z-911
USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART
STUDIO FOR THE PROPERTY LOCATED AT 3405 ELM STREET
(ILLINOIS ROUTE 1201
LOCATION MAP: 3405 ELM STREET
0
June 21, 2017
i
o
� Idew �I
[PLANNING AND ZONING COMMISSION: STAFF REPORT Z-911
USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART
STUDIO FOR THE PROPERTY LOCATED AT 3405 ELM STREET
(ILLINOIS ROUTE 120]
City of McHenry
Planning and Zoning Commission Minutes
April 12, 2017
Chairman Strach called the April 12, 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 Administrative
Assistant Wolf.
Approval of Minutes
Motion
by
Thacker, seconded by Meyer, to approve the
February 16, 2017 regular meeting
minutes
of
the Planning and Zoning Commission Meeting as
presented:
Voting Aye: Meyer, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: Doherty, Miller, and Sobotta.
Absent: None.
Motion carried 4-0.
Public Hearing: JUSTIN AND CORY MUROV
File No. Z-907
3940 W Main Street
Use Variance to allow a Tattoo Parlor and Art Studio
Chairman Strach called the Public Hearing to order at 7:32 p.m. regarding File No Z-907, an
application fora use variance to allow a Tattoo Parlor and Art Studio as submitted by Justin and
Cory Murov, 38160 N. 4th Avenue, Spring Grove, IL 60081.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on
March 28, 2017. 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 Justin and Cory Murov of Spring Grove, IL who were sworn in by Chairman
Strach. Mr. Murov provided a summary of the request before the Commission at this Hearing
stating they are hoping to get approval for a tattoo/art studio to enhance the community with
art and help contribute to the community.
[PLANNING AND ZONING COMMISSION: STAFF REPORT Z-911
USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART
STUDIO FOR THE PROPERTY LOCATED AT 3405 ELM STREET
(ILLINOIS ROUTE 1201
Director of Economic Development Martin provided the Commission with the Staff Report
regardingthis matter stating the applicant has been seeking a location for several weeks to open
a tattoo parlor and art studio and decided the site at 3940 was the best location. The tattoo
parlor formerly at 3932 Main closed at the end of 2016.
The building which the use is proposed is a mixed -use building and has a total of five units (two
commercial and three residential). The applicant is proposing to locate on the first floor adjacent
to Claws and Paws. There are two apartment units on the second floor and a studio apartment
on the first floor in the rear of the building. Mr. Murov will not do piercings; however they to
offer other forms of art and would like to be a forum for artists.
Director Martin stated the applicant's narrative provides a good overview of their proposed
business. Staff does not believe a tattoo parlor and art studio will have any adverse land use
impacts on adjacent properties or require additional City services. Additionally, there are several
commercial vacancies on Main Street including: 3932 Main; 3937 Main and 3902 Main. Staff
believes the proposed use will add an additional element and amenity for people to come to
Main Street and supports the use variance.
Director of Economic Development Martin stated Staff is recommending approval of a Use
Variance to allow a tattoo parlor and art studio on the subject property with the condition the
use variance shall expire and become null and void if the tattoo parlor use ceases for a period of
six consecutive months and 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 Miller inquired what the hours of the business might be. Justin Murov replied 10
a.m. — 9 p.m. is being considered and he will be the only employee. If the business is successful
he could possibly add another employee. He looked at another property as well but likes the
historical building and this location was already set up with many requirements needed in order
to operate the business which helps keep costs down. Commissioner Miller asked if there will be
a separation between the art space and ink space. Cory stated there would be a separation,
particularly for sanitation reasons.
Commissioner Meyer asked if any youth workshops have been coordinated in the community
yet. The Murov's responded nothing has been coordinated yet because they need to have the
business set up but it is definitely a goal.
Commissioner
VA
Doherty asked
if the Justin is an art teacher or if the intent is
to bring artists into
do workshops
and/or display
art. Justin replied he will allow art to be used
as an outlet and his
intent is to be
more of an art
coach or mentor for youth and adults.
[PLANNING AND ZONING COMMISSION: STAFF REPORT Z-911
USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART
STUDIO FOR THE PROPERTY LOCATED AT 3405 ELM STREET
(ILLINOIS ROUTE 120]
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 7:40 p.m.
Motion by Miller, seconded by Walsh, to recommend to the City Council with regard to File No.
Z-907, approval of an application for a Use Variance to allow a tattoo parlor and art studio on the
subject property with the condition the use variance shall expire and become null and void if the
tattoo parlor use ceases for a period of six consecutive months, be granted, and Staff finds all
requirements in Table 32(A) of the zoning ordinance have been satisfied.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None,
Not Voting: None,
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-907 at 7:42 p.
rr
Art & Soul Tattoo Company will open a small studio in McHenry, IL. The studio will
provide customers with one of a kind, custom tattoos in a clean, safe, and professional
body art establishment. The studio will operate mainly on an appointment -only basis,
with walk-ins welcome to schedule consultations. During the consultation the artists
and the customer will discuss tattoo designs and schedule their tattoo appointment.
Art &Soul Tattoo Company will be owned and operated by Justin Murov, the artist, who
is a professional tattooist with over ten years of experience, and Cory Murov, shop
manager, who has administrative office experience with a career in the medical field.
Justin has worked in several tattoo studios throughout the years in Fox Lake, Antioch,
and Wauconda Illinois while maintaining a full-time sales position at M & M Control
Service in Lake Villa, IL. With the help of his wife, Justin is ready to pursue his dream of
opening his own tattoo studio and making tattooing his full-time focus.
Art &Soul Tattoo Company will create custom tattoos for customers in the McHenry
area. Customers must be at least 18 years old with valid identification. Our goal is to
provide customers with professional, custom body art with a comfortable and enjoyable
experience when they leave our studio. Our vision is to create a classy take on the
industry that has been very controversial in years past. We plan to take tattooing to the
next level with higher standards and build a studio that will feel warm and welcoming.
We want our customers leaving with the absolute best experience and a great piece of
artwork to show for years to come.
Art &Soul Tattoo Company plans to engage the community by hosting events such as
art exhibitions where local artist can have an opportunity to showcase their works of art,
and open sketch pad nights where artists in the community can come together in a
creative environment with other creative individuals to draw and create their own works
of art.
Project Narrative
This is a request for a Use Variance for the property at 3405 W. Elm Street McHenry, It. 60050.
The application seeks approval for the use of a tattoo and art studio at the above address. The
studio, Art and Soul Tattoo Company, will be owned and operated by Justin Murov (the artist),
who is a professional tattooist with over ten years of experience, and Cory Murov (shop manager),
who has administrative office experience with a career in the medical field. Justin has worked in
several tattoo shops throughout the years in Fox Lake, Antioch, and Wauconda Illinois and is
ready to pursue his dreams and start a business of his own.
The studio will provide customers with tattoos from original designs by the artist, as well as original
art works by the artist including paintings, drawings, etc. The studio will not perform body
piercings. The studio will engage the community by hosting events such as art exhibitions which
will give local artists an opportunity to showcase their works of art, as well as open sketch pad
nights where artists in the community can come together in a creative environment with other
creative individuals to draw and create their own works of art.
It is the studio's intent to provide a safe and sanitary work area following the regulations set forth
by the Illinois Department of Public Health in the Body Art Code, as well as The Tattoo and Body
Piercing Establishment Registration Act.
FORM A
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
File Number Z-911
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
1. Name of Applicant Justin &Cory Murov Tel 224-717-4340 (Cory)
Address 38160 N 4th Avenue Spring Grove, IL 60081 TF� 847-946-0627 (Justin)
2. Name of Property Owner Dr. Gurbax Saini /Saini Group, LLC Tel 847-341-0571
(If other than Applicant)
Address 27979 N Converse Road Island Lake ll 60042 Fax
3. Name of Engineer
(If represented)
Address
4. Name of Attorney
(If represented)
Address
5. Common Address or Location of Property 3405 W Elm Street McHenry, IL 60050
6. Requested Actions) (check all that apply)
_Zoning Map Amendment (Rezoning)
Conditional Use Permit
V
Zoning Variance
Zoning Variance -Minor
Zoning Text Amendment
_Other
Provide a brief descriptidn of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is
requested:
The applicant seeks approval for a Use Variance to open a tattoo and art studio.
FORMA Page 1 of 3
7. Current Use of Property Commercial, Retail
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
C-4 Downtown Commercial
9. Current Zoning Classification and Land Use of Adjoining Properties
North:
South:
East:
West:
C-4 Downtown Commercial
RS-4 High Density Single Family Residential
C-4 Downtown Commercial
C-4 Downtown Commercial
l0. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
�/ 1.
Application Fee (amount) $ 950.00
_./.2.
Narrative Description of Request
3.
FORM A — Public Hearing Application
4.
FORM B — Zoning Map Amendment (Rezoning) Application
5,
FORM C — Conditional Use Application
6.
FORM D — Zoning Variance Application
7.
FORME —Use Variance Application
*_8.
Proof of Ownership and/or Written Consent from Property
Owner
FORMA Pago 2 of 3
I. Disclosure of Interest
The party
signing the
application shall be considered the
Applicant.
The Applicant must be the owner
or trustee
of record,
trust beneficiary, lessee, contract
purchaser,
or option holder of the subject
property or his or her
agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Apnlicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
[ hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
Signature of Applicants)
Print Name and Designation of Applicants)
Cory Murov Owner/Manager
Justin Murov Owner/Artist
FORMA Page 3 of 3
FORME File Number Z-911
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173
Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City
Council written findings that all of the conditions listed below apply to the requested action.
Please respond to each of these conditions as it relates to your request.
1I Practical Difficulties or Particular Hardship
The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or
structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as
distinguished from a mere inconvenience.
With the current provisions, we would not be able to operate our business at the location
2. Reasonable Return
The property cannot yield a reasonable return if permitted to be used only under the conditions allowed
by the Zoning Ordinance for the pertinent zoning district.
As the property is vacant at this time and under the current provisions, our business would not be
able to operate or generate revenue.
3 Unique Circumstance
Special circumstances exist that are peculiar to the property for which the use variance is sought which do
not apply generally to other properties in the same zoning district.
After being denied a Use Variance for anoher location on Main Street, Mayor Wayne Jett and Director
of Economic Development Doug Martin have directed us to this location. We have agreed to a three
year lease with the property owner and feel that this location will be a great fit for our business.
FORM E Page I of 2
4. Not Alter Local Character
The granting of the use variance will not alter the essential character of the locality nor substantially
impair environmental quality, property values, or public safety or welfare in the vicinity.
Our business intends to follow all regulations set forth by the Illinois Department of Public Health. We
plan to enhance the location by making improvements to the building and we will display a sign that
does not include any offensive images on it.
5 Consistent with Comprehensive Plan
The granting of the use variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their
adoption.
The
goal
of our business
is to attract people to the area and stimulate growth for other local businesses
We
also
hope to engage
the community by hosting
art events for other local artists.
FORME Page 2 of 2
I Cur po 57ror� the property owner at 3405 W. Elm Street Mchenry, IL 60050 give
my consent for Justin and Cory Murov to apply for a Use Variance. I acknowledge there intent is
to operate a tattoo and art studio at the property. I give my consent for a sign to be posted for
notice of the public hearing in front or in the window of the property.
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
Applicant
RR McHenry, LLC
5277 Trillium Blvd.
Hoffman Estates, IL 60192
Requested Actions
Approval of the Final Plat of Subdivision Heidner Properties Subdivision and Variance from the
Subdivision Control and Development Ordinance Section 6.13 to allow above -ground structures
along Chapel Hill Road
Site Information
Location and Size of Property
Northwest corner of Chapel Hill Road and Illinois Route 120 (not including Riverside Chocolate
Factory Building). The property is approximately eight acres.
Comprehensive Plan Desiznation
Commercial
Existing Zoning and Land Use
The property is primarily vacant, with a barn to the north and is zoned C-5 Highway Commercial
District.
Adjacent Land Use and Zoning
North: R-1, Unincorporated McHenry County-1 Residential (Unincorporated McHenry County),
Single -Family Residences (Eastwood Manor Subdivision)
South: A-1, Agriculture (Riverside Chocolate Factory and Chapel Hill Tire and Automotive) and
Vacant Land
East: C-5 (Riverside Chocolate Factory) and Shell Station B1V (Unincorporated McHenry
County)
West: C-5 (Red Wing Shoes; Charter Fitness; Tanning and Liquor Store)
Background
On August 24, 2016 the Planning and Zoning considered and recommended approval of the
development of the subject property (see attached minutes) and subsequently the City Council
approved ORD-16-1814.
The ordinance grants a conditional use permit to allow an automobile fueling station and drive-
in establishment associated with an automobile wash; a conditional use permit to allow adrive-
in establishment as part of a multi -tenant freestanding retail building; a variance from the off-
1
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z=912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
street parking and loading requirements; a variance to allow multiple principal buildings and land
uses on one zoning lot; (convenience store and automobile Washing Facility); a variance from the
minimum spacing requirement between service stations and a variance from the parking
screening strip requirements.
Analysis
Attached is the Final Plat of Subdivision for the subject property. The Planning and Zoning
Commission must consider the plat at a public meeting and the Planning and Zoning Commission
recommendation is forwarded to the City Council. Staff has reviewed the plat, spoken to the City
Engineer and believes the final plat is in substantial conformance with the preliminary plat
approved last year. Attached are letters from the McHenry County Division of Transportation
and State of Illinois providing their comments on the project. The city engineer recently met with
the applicant's engineer and minor changes to the site engineering and plat are being made
however, the city engineer and staff are comfortable these changes will not impact the site layout
or plat. Staff has found the plat to be in substantial conformance with all city ordinances relating
to a final plat of subdivision and would recommend the Planning and Zoning Commission
recommend approval of the final plat.
Additionally, the applicant is requesting a variance from Section 6.13 of the Subdivision Control
and Development Ordinance, which requires all new subdivisions to bury existing utility
structures. The ordinance states: "Variations from the provisions of these regulations maybe
authorized by the City Council, after recommendation by the Planning and Zoning Commission,
in accordance with the provisions of this Section, if it finds an extraordinary hardship or
practical difficulty that results from strict compliance with these regulations and/or the
purposes of these regulations may be served to a greater extent by an alternative proposal."
Statement of Justification. In applying Co a variance from these regulations, the subdivider or
developer shall demonstrate in writing that:
1. The granting of the variance is in keeping with the overall purpose and intent of these
regulations, and will not be detrimental to the public health, safety, or general welfare; and
2. The conditions on which the request is based are unique to the property for which the relief is
sought and are not applicable generally to other property; and
3. The granting of the variance will alleviate a practical difficulty or particular hardship due to the
physical surroundings, shape or topographic conditions of the specific property involved; and
4. The granting of the variance will not negatively affect adjacent properties.
The applicant has included a narrative addressing these points. Staff believes the variance is
justified particularly due to the planned future roadway expansion (Chapel Hill Road). While this
expansion will occur as part of an overall plan McHenry County has, there is no definitive
2
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
timetable. Buryingthe power lines and then having to relocate them in the future does not make
sense and is impractical. Staff supports the requested variance.
Staff Recommendation Prior to Meeting
Staff recommends approval of the Final Plat of Subdivision: Heidner Properties Subdivision
prepared by Vanderstappen Surveying Inc. with a latest revision date of June 8, 2017 and
Variance from Section 6.13 of the Subdivision Control and Development Ordinance Section to
allow above -ground structures along Chapel Hill Road with the following conditions:
1. Compliance with all revisions and comments pertaining to site engineering by Staff, City
engineer, McHenry County Highway Division and State of Illinois;
2. Plat must be recorded within six months of City Council approval by ordinance and;
3. A stormwater permit, along with a stormwater pollution prevention plan, shall be submitted
and approved by the city engineer and staff prior to construction or any site work being
completed.
Attachments
• Planning and Zoning Commission Minutes dated August 24, 2016
• Water Main Extension Exhibit
• Photographs of Site and Surrounding Area
• ORD-16-1814-An Ordinance granting a Conditional Use Permit to allow an automobile fueling
station and drive-in establishment associated with an automobile wash; a conditional use
permit to allow a drive-in establishment as part of a multi -tenant freestanding retail building;
a variance from the off-street parking and loading requirements; a variance to allow multiple
principal buildings and land uses on one zoning lot; (Convenience Store and Automobile
Washing Facility); a variance from the minimum spacing requirement between service
stations; a variance from the parking screening strip requirements and any other variances
required to develop the subject property in substantial conformance with the site and
landscape plans and building elevations submitted as part of this petition; and preliminary
subdivision plat approval for the property located generally atthe northwest corner of Chapel
Hill Road and Illinois Route 120 in the City of McHenry, McHenry County, Illinois
• Letter from Ray Beets at McHenry County Highway Division dated May 30, 2017
• Letter to Chapel Hill Road Property Owners from Mike Mackinnon dated June 8, 2017
• Engineering Exhibit attached to letter from Mike Mackinnon dated June 8, 2017
• Letter from the Illinois Department of Transportation dated March 6, 2017
• Application Packet
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
City of McHenry
Planning and Zoning Commission Minutes
August 24, 2016
Chairman Strach called the August 24, 2016 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following:
Doherty, Meyer, Miller, Sobotta, Strach, Thacker, and Walsh. Absent: None. Also in attendance
were: Director of Economic Development Martin, City Attorney Cahill, and Administrative
Assistant Wolf.
No one signed in to speak during Public Input.
Public Hearing: Bluestone Single Tenant Properties, LLC
File No. Z-899
Northwest corner of Illinois Route 120 and Chapel Hill Road ("Subject Property"),
excluding the Riverside Chocolate Factory parcel. The property located at
2207-2211 W Country Lane, parcels located immediately adjacent to the east
and west of the existing water tower, is also included
Preliminary Subdivision Plat Approval of a two -lot subdivision; Conditional Use Permit to
allow an automobile fueling station and drive-in establishment associated with an
automobile washing facility; Conditional Use Permit to allow a drive-in establishment as part
of a freestanding retail building and a Variance from off-street parking and loading
requirements, Variance from the parking screening strip requirements; Variance to allow
multiple principal buildings and land uses on one zoning lot, Variance from minimum the
minimum spacing requirement between service stations and any other Variances required to
develop the Subject Property
Chairman Strach called the Public Hearing to order at 8:00 p.m. regarding File No Z-899, an
application for:
• Preliminary Subdivision Plat Approval;
• Conditional Use Permit to allow an automobile fueling station and drive-in establishment
associated with an automobile washing facility;
• Conditional Use Permit to allow a drive-in establishment as part of a proposed
freestanding multi -tenant retail building;
• Variance from the off-street parking and loading requirements;
• Variance from the 10' parking screening strip requirements;
• Variance to allow multiple principal buildings and land uses on one zoning lot
(convenience store and automobile washing facility);
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
• Variance from the minimum spacing requirement between service stations;
• Any other variances required to develop the Subject Property in substantial accordance
with the site and landscape plans and building elevations submitted for this petition,
as submitted by Bluestone Single Tenant Properties, LLC for the property located at the
Northwest corner of Illinois Route 120 and Chapel Hill Road ("Subject Property"), excluding the
Riverside Chocolate Factory parcel. The property located at 2207-2211 W Country Lane and
parcels located immediately adjacent to the east and west of the existing water tower, in
McHenry, IL, are also included.
Chairman Strach
stated
Notice of the
Public Hearing was published in the Northwest Herald on
August 9, 2016.
Notices
were mailed
to all abutting property owners of record as required by
ordinance. The
subject
property was
posted. A Certificate of Publication and Affidavit of
Compliance with
notice
requirements
are on file in the City Clerk's Office.
In attendance were:
Mike MacKinnon, Vice President, Bluestone Single Tenant Properties, 410 N. Michigan Ave.,
Chicago, IL 60611; Eric Grabowski, Ricky Rockets Fuel Center, 399 Wall St, Glendale Heights, IL
60139; Rick Heidner, President, Heidner Properties, Inc., 20 Brinker Rd., Barrington Hills,
IL 60016; and Michael A. Werthmann, Traffic Engineer, Kenig, Lindgren, O'Hara, Aboona, Inc.,
9575 West Higgins Road, Suite 400, Rosemont, IL 60018, who were sworn in by Chairman Strach,
Mr. MacKinnon provided a summary of the request before the Commission at this Hearing
thanking Director of Economic Development Martin for a thorough and comprehensive staff
report. Mr. MacKinnon stated his company is currently developing several similar properties
having purchased 12 properties in Chicago over the last 15 months which are larger parcels and
then divided into smaller pieces. Ricky Rockets has an existing unit at Barrington Rd. and 1-90
also developed by Mr. Heidner. They have 7.7 acres to develop on this property which does not
include the Riverside Chocolate Factory and their gravel parking lot is actually on the subject
property. The existing traffic volume is what attracted them to the property.
They are knowledgeable in the market and volumes and there is much needed room for another
fuel center in this particular trade area. There are over 34,000 automobile counts and there are
over 3000 commercial vehicle trucks existing at this intersection today. At the present time there
are no other retailers in this corridor and there is no water service to this property. Water service
lines currently end at Culvers and goes north. As part of their development the petitioners will
bring the water service south to the southwest corner of Chapel Hill Road and Route 120. The
sanitary sewer is already there. There is a lack of fuel in this corridor even though Thornton's
does tremendous volume and there is no place for commercial vehicles to fuel in the area. Plans
5
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
are to leave the existing barn on part of the property in place while they seek information on its
historical relevance. An illustrated power point presentation was given. It is a beautiful
development with an 1800 s.f. retail center and an 8400 s.f. convenience store (the size of a mini -
grocery store). There will be 7 pumps or 14 fueling positions. On the west side will be 3 fast flow
diesel lanes to service the 3000 trucks that are already travelling through this intersection. The
developer will not allow overnight parking, showers, public laundry or common truck stop
amenities.
They want patrons to stop, shop, and go. The car wash will be state of the art with a 130' tunnel
through a vendor called Tommy Wash and will have 3 drive -up lanes and use a conveyer belt
system. They are working with Steak and Egger and Dunkin Donuts for two of the tenants. The
Riverside Chocolate Factory will have an easement for employee and customer parking and their
gravel lot will be paved. A site plan was presented and explained. McHenry County has agreed
to % access on Chapel Hill Rd. meaning a right in only when going southbound, no left turn -in if
heading northbound, and a full out exit from the development. They have asked for reasonable
access from IDOT with full access near the retail center and right -in, right -out for the fuel center.
The developer is making over a $10 million capital investment which should create 30-40 new
jobs. It complements the corridor very well and fills a void in this corridor for modern fuel,
restaurants, and retail that is currently not there. They will also install sidewalks on both Route
120 and Chapel Hill Road which will hopefully continue north.
Director of Economic Development Martin provided the Commission with the Staff Report
regarding this matter stating a few different land uses have been proposed on the subject
property over the past 15-20 years, including a Thornton's Fueling Station as well as a Tractor
Supply Store, however one of the major impediments for each of these developments was the
lack of a municipal water supply. The applicant, as part of the proposed project, will extend the
City's water main from its terminus approximately 160' north of Illinois Route 120 on Adams
Drive, along the south side of Illinois Route 120 approximately 2,042' east and north of the City's
sewer main on the south side of Route 120 to service the proposed development.
The applicants are proposing to construct:
• Fueling center which will include: 14 fueling positions (7 pumps)
• An 8,400 square -foot convenience store with an attached 1,800 square -foot retail space;
• Automobile washing facility (4,900 square feet)
• Three commercial (diesel) fueling dispensing stations and four parking spaces adjacent
thereto
• An additional freestanding 8,400 square -foot retail building to the west (Proposed Lot 2)
of the fueling center.
L•"
I
AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
In order to facilitate the aforementioned the petitioner is seeking the following:
• Preliminary Subdivision Plat Approval for atwo-lot subdivision;
• Conditional Use Permit to allow an automobile fueling station and drive-in establishment
associated with an automobile washing facility;
• Conditional Use Permit to allow a drive-in establishment as part of a proposed
freestanding multi -tenant retail building;
• Variance from the off-street parking and loading requirements;
• Variance to allow multiple principal buildings and land uses on one zoning lot
(convenience store an automobile washing facility);
• Variance from the minimum spacing requirement between service stations;
• Variance from the 10' minimum parking screening strip requirement
• Any other variances required to develop the Subject Property in substantial accordance
with the site and landscape plans and building elevations submitted for this petition.
The preliminary plat includes two proposed lots: Lot 1 is 5.160 acres and includes everything
proposed as part of the development, with the exception of the 8,400 square -foot retail building.
Lot Two includes the proposed 8,400 square -foot retail building and consists of 2.552 acres.
Cross -access, parking and storm water easements will be required between Lots 1 and 2 as well
as for the Riverside Chocolate Factory, which currently leases space on the subject property for
parking.
The items required for Preliminary Subdivision Plat Approval for the "Final Plat of Subdivision
Heidner Properties Subdivision" (Although the title states 'Final Plat" the submission and
engineering and approval being considered by the Planning and Zoning Commission is for
Preliminary Plat only) were presented and the Final Plat will be brought back to the Planning and
Zoning Commission at a later date.
The applicant has submitted one set of engineering plans which the City's Engineer has reviewed
and the review letters from HR Green were presented.
The remaining comments for the preliminary plat and engineering approval must be satisfied
prior to City Council consideration. Additionally, the applicant and staff have met and the
applicant has submitted engineering plans to the McHenry County Division of Transportation
because Chapel Hill Road is under the jurisdiction of that agency. The initial review letter from
the McHenry County Highway Department was presented. The applicant has also submitted a
7
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
set of engineering plans to the Illinois Department ofTransportation (IDOT) because Illinois Route
120 is a state route however the applicant has not received a review from IDOT to this point.
The applicant and staff are comfortable VV the plat and geometric plans submitted as part of
the applicant's request to the Planning and Zoning Commission to the extent staff does not
believe the site and landscape plans or preliminary plat will be altered substantially. If the plat
and/or site and landscape plans and building elevations are altered and are not in substantial
conformance with the plans and plat being reviewed bythe Planning and Zoning Commission the
applicant would have to resubmit and appear before the Commission at another public hearing
in the future.
The Planning and Zoning Commission recommendation is forwarded to the City Council. Staff
has reviewed the plat and it is in substantial conformance with the requirements set forth in the
subdivision control and development ordinance.
The applicant is also requesting a Conditional Use Permit to allow an automobile fueling station
and drive-in establishment associated with an automobile washingfacility as well as a Conditional
Use Permit to allow a drive-in establishment as part of a proposed freestanding multi -tenant
retail building.
Three new access points are proposed. The full access is proposed off of Illinois Route 120; a
right-in/right-out off of Illinois Route 120 and a right-in/right-out/left-out along Chapel Hill Road.
The first review letter from the McHenry County Division of Transportation following a
conceptual review was presented but the Illinois Department of Transportation has not
completed their initial review. The letter states a right -in deceleration lane and right out
acceleration need to be incorporated into the Chapel Hill Road improvements to accommodate
this % access proposed (right-in/right-out and left -out). The traffic study was also completed by
the applicant and reviewed by the City's engineer.
The City Engineer, staff and McHenry County Highway Division also discussed and recommend
the applicant include a pedestrian connection to the proposed development from one ofthe lots
on either side of the existing water tower and located at 2207 - 2211 W Country Lane. A
pedestrian connection is depicted on the lot east of the water tower and a storage barn lies on
the lot to the west of the water tower. Also suggested was an internal vehicular connection to
the west where the existing strip retail center is located. Staff believes this should be at least
considered and planned for even if not immediately constructed.
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
Land banked parking is depicted on the lot east of the water tower however this parking will not
be built unless needed, a permit would be required if it's built and no vehicular access is being
recommended onto Country Lane.
A large percentage of trips to the proposed gas station/convenience store are generated from
pass -by traffic or traffic already going past the site en route to another primary destination (90-
95%). Moreover peak trip generation hours of the gasoline station with convenience store
normally coincide with the peak hours of adjacent street traffic. Road improvements on Chapel
Hill Road will be set forth by the McHenry County Highway Division and by the Illinois Department
of Transportation on Route 120.
Staff believes the internal circulation functions well on the proposed site plan; three car wash
lanes are proposed. Staff would recommend directional signs be placed at locations to the north
and south and adjacent to the car wash to direct traffic coming from Chapel Hill Road and Illinois
Route 120 in and out of the car wash, as well as other internal direction signs for parking adjacent
to the Riverside Chocolate Factory.
Reviewing the approval criteria set forth in Table 31 ofthe zoning ordinance for conditional uses,
as related to the fueling station, drive-in establishment for the car wash, and the drive-in
establishment on the west end of the 8,400 square foot retail building, staff believes the
applicant has done several things to mitigate any potential adverse impacts to adjacent property
owners, particularly to the residential to the north including:
• LED lighting will be utilized to direct light directlyto the source it is intended to serve and
eliminates/vastly reduces glare;
• A 25-foot landscape buffer along the north property line will be installed, including a
combination of landscaping and a six-foot board on -board fence; The City's Forester will
review the landscape plan to ensure compliance and plantings are appropriate -
particularly along the north property line and to ensure there are no utility conflicts along
the north property line with any proposed plantings;
• Staff would recommend a hedge row of low growing evergreen shrubs be planted along
the Route 120 frontage for the 8,400 square -foot retail building, to screen headlights onto
120 from vehicles utilizing the drive-thru and parking lot as opposed to ornamental
plantings;
• There will be no overnight parking of commercial trucks nor any truck stop amenities such
as showers or a laundry facility.
In addition, the applicant is seeking the following variances from the zoning ordinance:
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
• Variance from the 10-foot parking screening strip requirement (for the southeast corner
of the site -parking adjacent to Riverside Chocolate Factory)
• Variance from the minimum spacing requirement between service stations;
• Variances from the off-street parking and loading requirements;
• Variance to allow multiple principal buildings and land uses on one zoning lot
(convenience store an automobile washing facility);
The applicant complies with the 10-foot parking screening strip requirement for the majority of
the site. The only area where there is not 10 feet is the southeast corner of the site adjacent to
the Riverside Chocolate Factory. This deviation is a result of the shape of the property at that
location, due to the right-of-way and intersection proximity of Chapel Hill Road and Illinois Route
120.
Staff has no concern with the request for a variance from the minimum spacing requirement
between service stations as there is no guideline or definitive provision stating where this is
measured to/from.
The applicant is additionally seeking a variance from the off-street parking and loading
requirements. Lot 1, which contains the car wash; convenience store; and adjacent retail
(restaurant) requires 74 spaces by ordinance. The applicant is providing 77. Lot 2 which includes
the adjacent retail building, including two restaurant spaces, one with a drive-in establishment
on the west side and one without on the east side, as well as the remaining retail requires 85
spaces and 56 are provided. The ordinance provides that a restaurant with a drive-in
establishment construct 10 spaces/1,000 square -feet of net floor area but have space for 15
spaces/1,000 square feet of net floor area.
Therefore 64 spaces are required to be constructed and the remaining can be land banked. The
applicant is depicting 32 land banked spaces on the lot immediately east of the water tower.
With the land banked parking the applicant does not require a parking variance however
practically the spaces to the north which are land banked will most likely not be utilized due to
the distance from the retail center (approximately 150'). Staff is not recommending the land
banked parking be constructed and recommend it only be done if and when it's determined that
it is absolutely needed.
Otherfactors included in the variances to take into consideration were detailed in the staff report
and did not cause a concern to staff. Director of Economic Development Martin stated Staff
supports all variances being requested. They are minimal and will not adversely impact adjacent
properties. The applicant must comply with all ordinances relative to lighting, noise or other
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
ordinances from which variances are not being requested. Staff believes all criteria in Table 32
for the aforementioned variances have been satisfied.
Staff recommends the Commission make three separate motions; however the Commission was
instructed that they could also choose to vote on the variances separately.
Director of Economic Development Martin stated Staff recommends approval of the Preliminary
Plat of Subdivision entitled: "Final Plat Subdivision Heidner Properties Subdivision" prepared by
Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting of one page with conditions
presented; Approval of the Conditional Use Permit to allow an automobile fueling station and
drive-in establishment associated with and automobile wash and Conditional Use Permit to allow
a drive-in establishment as part of a freestanding multi -tenant retail building subject to the
conditions presented, for which Staff finds the requirements set forth in Table 31 have been met;
and Approval of the following variances:
• Eighteen space parking Variance from the off-street parking and loading requirements;
• Variance to allow multiple principal buildings and land uses on one zoning lot
(convenience store an automobile washing facility);
• Variance from the minimum spacing requirement between service stations;
• Variance from the 10-foot parking screening strip requirement (for the southeast corner
of the site -parking adjacent to Riverside Chocolate Factory).
Subject to the conditions presented, and Staff finds the requirements set forth in Table 32 of the
zoning ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner
Walsh
inquired as to how
many fuel pumps are at the location in Barrington. Mr.
Heidner stated
there
are 6 double sided
stations making 12 pumps.
Commissioner Thacker asked if someone is heading east on Route 120 and wants gas how would
access the development. Mr. MacKinnon stated they are proposing anon -raised median to IDOT
to allow access across the median.
Commissioner Sobotta asked for an explanation of the traffic flow. Mr. MacKinnon stated most
large truck traffic is on 120 east and west and they're coming from the south. There are very few
northbound large trucks. The trucks will be entering on the full access on Route 120, circle
around the pond, they will fuel facing northwards and will be directed to exit on Chapel Hill Road
southbound to the light at Route 120. In response to an inquiry from Commissioner Sobotta, Mr.
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
MacKinnon stated McHenry County is not proposing an upgrade to that intersection in the near
future.
Mr. MacKinnon stated a traffic study was done and the criteria for the proposed access points
has been met for the area and is [DOT controlled.
Commissioner Doherty asked if the access points near the Riverside Chocolate Factory will be
changed. Mr. McKinnon stated those access points are not within their property but are the
private property of Riverside Chocolate Factory and they have no control over what is done there.
Commissioner Doherty
opined the existing conditions on
page 17 and 18 of the
traffic study
appear to presume the
projected conditions will be worse
than they are now and
asked for an
explanation.
Mr. Michael Werthmann, KLOA, stated that in addition to traffic generated by the gas station per
the requirements of McHenry County DOT and IDOT, they projected out additional traffic growth
in the area to 2022 and all existing volumes increased by 12%. That is why the levels of service
drop on the traffic study. Fuel Centers have about 60%of their traffic generated by traffic already
existing on that roadway, otherwise referred to as pass -by traffic. The volume of new traffic
generated by a fuel center is actually low compared to the realm of the entire development.
Level service D is considered acceptable by McHenry County DOT and IDOT.
Commissioner Doherty stated the eastbound Rt. 120 intersection numbers appear to be over
capacity and the 185' turn lane over the median "would perform at a poor level of service for
eastbound traffic with either a full access or right -in and right -out". Commissioner Doherty asked
for an explanation.
Mr. Werthmann responded that level of service E indicates when making a left turn out during
peak hours it may be difficult or operate at lower level of service; but that is just for the left turn
out. That level of service E does not exist now — it is only for traffic leaving or coming out of the
site, from the development's driveway, onto Route 120, Mainline Route 120 will still be operating
at a level of service A or B, as it does now. The benefit of this site is that it has access onto Route
120 and to Chapel Hill Rd. so people wanting to turn left on Route 120 can do that from the stop
light at Chapel Hill Road rather than from the Route 120 access. There are many other full access
drives up and down Route 120 in the same area, including the Shell station on the corner.
Commissioner Miller asked if trucks will be able to make the turn going east onto Chapel Hill Rd,
since it is presently just a 2-lane road. Mr. Werthmann responded affirmatively. Commissioner
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
Miller asked if the development will be a 24-hour operation and what is considered peak traffic
volume times.
Mr. Heidner stated yes the fuel station is a 24-hour operation and peak traffic is in the morning
when people are going to work (6-9 am) and then again after work (4-6 pm). Commissioner Miller
asked how many visitors typically use the Barrington location during peak hours. Mr. Heidner
responded they get about 30 gas customers per hour in Barrington during peak hours; however
some are just fueling and going and not actually stopping - the actual number per hour combined
with retail customers at the fuel center only is probably closer to 50 or 60, with additional
customers visiting the other restaurant establishments on the site as well. The location in
Barrington is a smaller footprint but has about 75% of the building capacity than is on this site.
This new space has more land and is more expansive.
Commissioner Miller asked how many cars can access through the car wash in an hour. Mr.
Heidner stated the most they have had in a day is about 375, but normally it is about 100 cars a
day. In response to a question from Commissioner Miller regarding the glass carwash building
being loud, Mr. Heidner responded this site will not be all glass and invited everyone to go to
Barrington and view the inviting look of the fuel center and carwash with a 110' tunnel. This
facility is proposing a 130' tunnel. There have been no noise complaints or any complaints from
neighboring properties at the Barrington facility.
Commissioner Thacker asked what is proposed in regard to detention on the property as far as
safety is concerned and whether there will be a perimeter barrier. Mr. MacKinnon responded it
is a dry bottom system so the only time it fills up is during rain events and they have not planned
for any time of barrier. Commissioner Thacker stated he observed there is no vehicular access
from the property to Country Lane but asked if there will be a pedestrian walkway added for
neighborhood access. Mr. MacKinnon responded that the county and city requested a
pedestrian walkway for the connecting neighborhood and it will be constructed as part of this
project.
Commissioner Miller asked how much pedestrian traffic is anticipated. Mr. Heidner responded
there is minimal pedestrian traffic expected. It will always be maintained, kept clean, bright, safe
and inviting.
Commissioner Thacker asked if alcohol will be sold at any of the businesses in the proposed
development. Mr. Heidner responded there will be beer and wine sold in the convenience store
and the other restaurant establishments may offer alcohol, conditioned of course on following
city ordinances. He further stated they are spending $12-15 million on this development. Alcohol
sales weren't offered in Hoffman Estates originally but then it was requested by customers for
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
"one -stop shopping" and was eventually allowed. Mr. Heidner explained that traffic movement
into separate locations for customers wanting gas and coffee for instance is more dangerous than
pulling into one center for both items. The Mayor of Hoffman Estates will be happy to talk with
anyone inquiring and will confirm benefits they have seen.
Chairman Strach opened the floor to questions and comments from the audience. The following
were sworn in by Chairman Strach prior to their addressing the Commission:
Robert Hunter, 34740 N. Iroquois, McHenry, stated his family owns the Riverside Chocolate
Factory and wanted to thank the City for what has been done for them throughout the years as
a business operating in McHenry. He further stated they were not previously in favor of this or
any other developments proposed on this adjoining property but are now definitely in favor of
this particular project being proposed.
Mr. Hunter stated he is concerned due to the fact the owner of the Shell gas station at the corner
of Route 120 and Chapel Hill Road chose to post in social media verbiage discouraging this project
being successful and his family felt as if the social media post might infer Riverside Chocolate
Factory agreed with the Shell gas station owner's opinion. Mr. Hunter stated they do not support
the opinion of the Shell gas station's owners but are in full support of the Ricky Rockets
development moving forward and thanked Mr. Heidner and his team for bending over backwards
to ensure Riverside Chocolate Factory stays in McHenry. Mr. Hunter also stated his thanks to
Director of Economic Development Martin for accommodating them throughout this whole
process further stating he has been a wonderful ambassador for the City of McHenry.
Mr. David Harmon, 2301 Country Lane, McHenry asked if the restaurants and drive-throughs at
the facility will be open 24 hours to which Mr. Heidner responded affirmatively. Mr. Harmon
asked if signs could possibly be provided limiting truck parking to 3 hours max. Mr. Heidner
responded affirmatively. To an additional question from Mr. Harmon regarding times of
deliveries, Mr. Heidner stated deliveries can be limited to include no overnight deliveries and
specifying quieter unloading procedures also limiting deliveries to certain time slots only.
Mr. Harmon asked that a fence be put around the detention pond and inquired whetherthe barn
will be torn down if it is determined it has no historical significance. Mr. Heidner opined the barn
might make a great haunted house.
Mr. Tomy Nella, 909 Countryside Court, Glenview, IL stated he is one of the owners of the Shell
gas station at Route 120 and Chapel Hill Road. Mr. Nella stated the volume of gas they dispense
has decreased greatly in recent years which states the gas volume is being picked up by other
stations within McHenry not from stations outside of McHenry which can ruin business for other
retailers within McHenry. He stated they used to pump a volume of 400 gallons per day of diesel
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[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
in the past 10 years so if the City is not attracting trucks from outside the area coming into
McHenry he doesn't understand who is purchasing that 400 galls of diesel per day. Mr. Nella
opined the addition of the car wash is a great idea and for that aspect he partially agrees with
the proposed project.
Mr. Joe Folliard, 4700 Oregon Trail, McHenry stated he owns a rental house behind the proposed
development. Mr. Folliard stated his tenants are concerned about light pollution and noise
pollution. He inquired if there will be a fence and tree buffer on the property. Mr. MacKinnon
replied there is a 6' board on board fence extending along the north property line (very close to
the property line) and landscaping there as well. Their intent on the western side is to leave as
many trees there as possible to keep it screened. Mr. MacKinnon further stated they actually
increased the buffer from 15', which is required, to 25"
Mr. Folliard asked why they chose McHenry for this state of the art car wash location out of all
the areas they could have built. Mr. Heidner stated there are no other car washes of this type in
Illinois, he has other businesses in this area, and the traffic counts necessary for this car wash are
met in this area. Director of Economic Development Martin stated we do have a tree preservation
ordinance and this property would need to comply with that. The City also has multiple noise
ordinances which would have to have compliance met as well. The City's lighting ordinance also
must be followed and met and all building will be fully monitored to be within the guidelines of
those ordinances.
Mr. Folliard asked if there will be any benefit to the neighborhood, such as being allowed to tie
into city sewer and water eventually. Director of Economic Development Martin stated that is
not a discussion that can be tied to this development's approval process but one property has
already asked to connect to the city and that request has been approved by City Council.
Ms. Stephanie Roster, 2105 Country Lane, McHenry asked ifthe Ricky Rockets in Hoffman Estates
has a residential area near or behind it. Mr. Heidner responded there is a 4-story hotel behind it
but not a residential area. She is concerned about the volume of noise already taking into
consideration accidents and traffic.
Ms. Kristy Pahlke, 2103 Country Lane, McHenry stated her concern is the digging which was done
when the drainage survey was done asking if the property owners need to worry about drainage
issues going into those properties. Mr. MacKinnon stated a drainage survey was not done but
rather the City engineer asked for a study to be done to see which way the water was flowing
along the property and to check elevations of culverts. Ms. Pahlke stated they have drainage
issues in their yard already due to the lower location and that is why they are concerned. She
stated they like the barn and would rather it be painted than torn down. Ms. Pahlke asked about
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;PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
the possible northern parking lot and when it will be built. Mr. MacKinnon stated neither the
City nor the developer believe that particular parking area will need to be graded anytime in the
near future. There is no definite plan for anything to be done on that area of the property at the
present time. Mr. MacKinnon added they will be tying into IDOT storm sewer and will take all
the water from the site and taking it south of Route 120.
Mr. Tom Jacobs, 1400 Eastwood Lane, McHenry stated he is concerned with the brightness of a
24-hour retail fueling center station disrupting the neighborhood. Mr. MacKinnon replied with
led lighting each bulb can be angled to point away from the neighborhood and all canopy lighting
is recessed and is much easier on the eyes than older glaring fixtures at older centers, so there
should not be an issue with light pollution.
Mr. Matt Fredrickson, 2213 Country Lane, McHenry asked if drivers coming North on Chapel Hill
Rd will be able to turn left into the center. If they will not, he asked if they will probably then
turn left onto Country Lane to make a u-turn. He asked howthat can be addressed from a safety
standpoint because there are a lot of children in the neighborhood. Mr. MacKinnon stated most
customers are repeat customers and the number of people who will be from out of town should
be minimal. Mr. Werthmann stated there will be a direct access off of Route 120 which should
alleviate anyone making the mistake of turning on Chapel Hill Rd. and having to do a u-turn. Mr.
Fredrickson asked if there is a possibility of signs being put in for no U-turns or turn arounds on
Country Lane. Mr. MacKinnon agreed signage would be a good idea and will address it with the
County suggesting signage as requested.
Chairman Strach closed the public comment portion of the hearing at 9:10 p.m.
Director of Economic Development Director Martin stated he heard the developer agree to
temporary parking signs with hours for the trucks, delivery times being posted for no overnight
deliveries and restricted delivery times, and no turn around signs addressed with the county for
homes on Country Lane which is dictated by County DOT approval. He stated these conditions
can be put under conditional use permits and can be added by motion if needed. A fence around
the detention pond is not under City requirements but will be dictated by rules of the McHenry
Stormwater Ordinance.
Commissioner Doherty stated ifthe car wash hours are Gam-10pm he is concerned with the noise
from the wash and the vacuums. Mr. MacKinnon stated the vacuums are located on the west
side of the development. Vacuum hours will be the same as the car wash hours and are free with
a car wash and will turn off automatically at closing time. Director of Economic Development
Martin stated all city ordinances will need to be followed and noise will be tested and monitored
in inspections and as the plans are reviewed to be sure all city ordinances are followed.
16
PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
Commissioner Doherty stated another car wash in town has blowers loud enough to be heard
inside the restaurant establishment next door as if they are right next to the patrons. Chairman
Strach replied the restaurant's rooftop air conditioner might be able to be heard at the car wash
next door as well but that both/all establishments must meet the city's codes and ordinances
and this development is no exception.
Commissioner Doherty asked if it is possible to put the stormwater detention underground to
create more space for more light buffer hedges to be installed. Director of Economic
Development Martin stated again that the development must follow and adhere to the lighting
ordinance and there will be a hedgerow in place for vehicles exiting the car wash so there
shouldn't be a problem. Mr. MacKinnon added the only reason they are requesting the landscape
setback in the southeast portion of the site is that the parking lot for Riverside Chocolate Factory
is being accommodated for expansion and their garden is also being accommodated to stay in
place so they are building their plans around it. He observed there is no need for additional
screening because the garden serves a beautiful purpose and it already provides additional
screening.
Commissioner Meyer stated he believes they need to trustthe City staffto be sure the ordinances
are complied with and to monitored and bring the discussion back to matters regarding the
approval process.
Commissioner Miller asked if the lights at the car wash be off when it is closed. Mr. Heidner
stated thee will be low -lighting when the car wash is closed. Commissioner Miller stated she
agreed that would be a good idea.
Commissioner Doherty asked if they are using reclaimed water and if there will bean 8" main or
12" main. Mr. MacKinnon stated the water main extension from Adams will be 12".
Motion by Meyer, seconded by5obotta, to recommend to the City Council with regard to File No.
Z-899, approval of the Preliminary Plat of Subdivision entitled: "Final Plat Subdivision Heidner
Properties Subdivision" prepared by Vanderstappen Land Surveying, Inc. dated 8/4/16 consisting
of one page with the following conditions:
• Final Plat of Subdivision must be presented to the Planning and Zoning Commission at a
future date following incorporation of all comments made by the Illinois Department of
Transportation (first review forthcoming); HR Green; City Staff and the McHenry County
Division of Transportation and to ensure Final Plat of Subdivision is in substantial
conformance with the preliminary plat submitted herein; this will also follow City Council
review of the preliminary plat;
17
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
• Reference to Nunda Township must be eliminated and Plat labeled Preliminary and not
Final.
• Compliance and/or disposition statement(s) tothe comments submitted by HR Green and
City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and
dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary
plat and engineering issues, prior to being presented to the City Council for Preliminary
Subdivision Plat approval (many comments have been addressed by applicant in a letter
submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. in a letter
to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmittal to
the City Engineer has been made);
• Compliance and/or disposition statement(s) to comments submitted by McHenry County
Highway Division in a letter to Mr. Michael A. Werthmann, P.E. dated 7/28/16 and
consisting of three pages;
• Cross Access and Parking Easement Language, referenced for the benefit of Lots 1 and 2
on the proposed "Final Plat Subdivision Heidner Properties Subdivision," shall be included
on a revised preliminary plat -and reference the Riverside Chocolate Factory site in
addition to proposed Lots 1 and 2, and submitted prior to City Council consideration of
the Preliminary Subdivision Plat;
• Interior directional signage plan shall be submitted. (Directional signs be placed at
locations to the north and south and adjacent to the car wash to direct traffic coming
from Chapel Hill Road and Illinois Route 120 in and out of the car wash, as well as other
internal directional signs for parking adjacent to the Riverside Chocolate Factory),
Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: Doherty.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 6-1.
Commissioner Doherty stated his vote was a result of his concern with noise for the residents to
the north and the full access on Route 120 being dangerous.
Motion by Thacker, seconded by Meyer, to recommend to the City Council with regard to File
No. Z-899, approval of a Conditional Use Permit to allow an automobile fueling station and drive-
in establishment associated with and automobile wash and Conditional Use Permit to allow a
drive-in establishment as part of a freestanding multi -tenant retail building subject to the
following conditions, as amended:
m
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
• The project is developed in accordance with the Improvement Plans prepared by
Manhard Consulting LTD dated 6/14/16 with a latest revision date of 8/5/16 consisting of
thirteen pages, Building Elevations prepared by Corporate Design + Development Group,
LLC. dated 5/31/16 with a latest revision date of 6/14/16 consisting of ten pages
submitted as part of the Planning and Zoning public hearing application;
• There shall be no vehicular access to Country Lane and no paved vehicular access to
Country Lane from the subject property;
• The existing barn shall not be razed without review by the City of McHenry Landmark
Commission; property owner shall work with City of McHenry Landmark Commission to
walk-thru the barn;
• There will be no overnight parking of commercial trucks nor anytruck stop amenities such
as showers or a laundry facility;
• With the exception of the proposed pedestrian path, the two lots on either side of the
existing water tower shall be utilized solely for parking, if required in the future and if
utilized for parking must comply with all applicable City of McHenry, ordinances, rules and
regulations and a permit must be submitted prior to the construction of any parking on
either of these two lots;
• As much of the natural vegetation as practicable be maintained along the northern
property line adjacent to Eastwood Manor Subdivision;
• Compliance and/or disposition statement(s) to the comments submitted by HR Green and
City Staff in letters to Mr. Douglas P. Martin dated 6/28/16 consisting of eight pages, and
dated 8/16/16 consisting of nine pages, as they relate to planning, zoning and preliminary
plat and engineering issues, prior to being presented to the City Council for Preliminary
Subdivision Plat approval (many comments have been addressed by applicant in a letter
submitted by Steven M. Shanholtzer, Project Manager Manhard Consulting, Ltd. In a
letter to Mr. Douglas Martin dated 8/8/16 and consisting of eleven pages and resubmittal
to the City Engineer has been made);
• The developer will work with the McHenry County DOT on no U-turn or no turn -around
signs being added in the neighborhood at Country Lane;
• There will be added signage restricting deliveries overnight and restricting other delivery
times so as not to disturb the abutting neighborhood;
• There will be a parking sign added to the property restricting parking of commercial
vehicles to a 3-hour time limit.
And Staff finds the requirements set forth in Table 31 have been met.
Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: Doherty.
970
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
Not Voting: None.
Abstaining: None,
Absent: None.
Motion carried 6-1.
Commissioner Doherty stated the reason for his vote is he does not believe the land banked
parking that is shown should be allowed.
Motion by Sobotta, seconded by Miller, to recommend to the City Council with regard to File No.
Z-899, approval of the following variances:
• Eighteen space parking Variance from the off-street parking and loading requirements;
• Variance to allow multiple principal buildings and land uses on one zoning lot
(convenience store an automobile washing facility);
• Variance from the minimum spacing requirement between service stations;
• Variance from the 10-foot parking screening strip requirement (for the southeast corner
of the site -parking adjacent to Riverside Chocolate Factory).
Subject to the following conditions:
• A hedge row of low growing evergreen shrubs be planted along the Route 120 and Chapel
Hill Road frontage for the 8,400 square -foot retail building, to screen headlights onto 120
from vehicles utilizing the drive-thru and parking lot as opposed to ornamental plantings;
• Board -on Board fence shall be extended along the entire length of the northern properly
line;
And Staff finds the requirements set forth in Table 32 have been met.
Commissioner Doherty recused himself from the vote.
Voting Aye: Miller, Meyer, Sobotta, Strach, Thacker and Walsh.
Voting Nay: None.
Not Voting: None.
Abstaining: Doherty
Absent: None.
Motion carried 6-0.
Chairman Strach closed the Public Hearing regarding File No. Z-899 at
20
[PLANNING AND ZONING COMMISSION
STAFF REPORT Z-912 FINAL PLAT OF SUBDIVISION HEIDNER
PROPERTIES SUBDIVISION AND VARIANCE FROM THE
SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
SECTION 6.13 TO ALLOW ABOVE GROUND STRUCTURES ALONG
CHAPEL HILL ROAD]
Staff Report
The next Planning and Zoning meeting is scheduled for Wednesday, September 21, 2016.
Adjournment
Motion by Sobotta, seconded by Meyer, to adjourn the meeting at 9:35 p.m.
Voting Aye: Doherty, Miller, Meyer, Sobotta, Strach, Thacker, and Walsh.
Voting Nay: None,
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Dorothy M. Wolf, Administrative Assistant
City of McHenry
21
June 29, 2017
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June 21, 2017
ORDINANCE NO ORD464814
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW: 1) AN
AUTOMOBILE FUELING STATION AND DRIVE-IN ESTABLISHMENT
ASSOCIATED WITH AN AUTOMOBILE WASH; 2) A CONDITIONAL USE PERMIT
TO ALLOW A DRIV&IN ESTABLISHMENT AS PART OF A FREESTANDING
MULTI -TENANT RETAIL BUILDING; 3) A VARIANCE FROM THE OFF-STREET
PARKING AND LOADING REQUIREMENTS; 4) A VARIANCE TO ALLOW
MULTIPLE PRINCIPAL BUILDINGS AND LAND USES ON ONE 70NING LOT
(CONVENIENCE STORE AND AUTOMOBILE WASHING FACILITY); 5) A
VARIANCE FROM THE MINIMUM SPACING REQUIREMENT BETWEEN
SERVICE ST'A'IIONS; 6) A VARIANCE. FROM THE MINIMUM PARKING
SCREENING STRIP REQUIREMENT AND ANY OTHER VARIANCES REQUIRED
TO DEVELOP THE SUBJECT PROPERTY IN SUBSTANTIAL ACCORDANCE WITH
711E SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS SUBMITTED
FOR THIS PETITION; AND, 7) PRELIMINARY PLAT OF SUBDIVISION APPROVAL
FOR THE PROPERTY LOCATED GENERALLY AT THE NORTHWEST CORNER
OF CHAPEL HILL ROAD AND ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of Mclienuy, McHenry Comity, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rile powers
and functions as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed by Bluestone Single Tenant Properties (BSTP),
LLC, Wrigley North Tower 410 N Michigan Avenue, Suite 850, Chicago, Illinois 60611
(Contract Purchaser) for: 1) Conditional Use Permit to allow an automobile fueling station and
drive-in establishment associated with and automobile wash; 2) Conditional Use Permit to allow
a drive-in establishment as part of a freestanding multi -tenant retail building; 3) Twenty-one (21)
space parking Variance from off-street parking and loading requirements; 4) Variance to allow
multiple principal buildings and land uses on one zoning lot (convenience store an automobile
washing facility); 5) Variance from minimum spacing requirement between service stations; 6)
Variance from 10400t parking screening strip requirement (for the southeast canner of the site -
parking adjacent to Riverside Chocolate Factory); and, 7) Preliminary Subdivision Plat approval
for property legally described on Exhibit A attached hereto and incorporated herein, the
SUBJECT PROPERTY; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on August 24, 2016, in the manner prescribed by Ordinance and Statute, and as a
result of said hearing, Planning and Zoning Commission did reconmiend to the City Council the
granting of the requested Conditional Use Permits, Variances, and approval of the Preliminary
Plat of Subdivision; and
WHEREAS,
the City Council has considered the evidence and recommendations from
the Plarming and Zoning Commission and finds approval of requested Conditional Use Permits;
Variances and Preliminary Plat of Subdivision is consistent with the objectives of the City of
McIlenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1:. The SUBJECT PROPERTY is hereby granted a Conditional Use Permit to
allow an automobile fueling station and drive-in establislunent associated with and automobile
wash and Conditional Use Pennit to allow a drive-in establislunent as part of a freestanding
multi -tenant retail building subject to the following conditions as amended:
• The project is developed in accordance with the improvement Plans prepared by
Manhard Consulting LTD dated 6/14116 with a latest revision dale of 9129/16 consisting
of 13-pages, Building Elevations prepared by Corporate Design + Development Group,
LLC. dated 5131/16 with a latest revision date of 6/14/16 consisting of ten. (13) pages,
collectively (the Site Plan) attached hereto and 'incorporated herein as Exhibit B.
• There shall be no vehicular access to Country Lane and no paved vehicular access to
Country lane fiom the subject property;
• The existing barn shall not be razed without review by the City of McHenry Landmark
Commission and property owner shall work with City of McHenry Landmark
Commission to walk -thou the barn;
• There will be no overnight parking of commercial trucks nor any hock stop amenities
such as showers or a laundry facility;
• With the exception of the proposed pedestrian path, the two lots on either side of the
existing water tower shall be utilized solely for parking if required in the future and if
utilized for parking, must comply with all applicable City of McIlenry, ordinances, rules
and regulations and a-penrnit nmst be submitted prior to the construction of any parking
on either of these two lots;
• As much of the natural vegetation as practicable shall be maintained along the northern
property line adjacent to ]Eastwood Manor Subdivision;
• Compliance and/or disposition statement(s) to the comments submitted by HR Green and
City Staff (in letters to Mr. Douglas P. Martin dated 6128/16 consisting of eight (8) pages,
and dated 8/16/16 consisting of nine (9) pages), as they relate to planning, zoning and
preliminary plat and engineering issues prior to being presented to the City Council for
Preliminary Subdivision flat approval (many comments have been addressed by
applicant in a letter submitted by Steven M. Shanholtzer, Project Manager Manhard
Consulting, Ltd, In a letter to Mr. Douglas Martin dated 8/8/16 and consisting of cloven
pages and resubmitted to the City Engineer);
• The developer will work with McHenry County Department Of Transportation on no U-
Turn or No Turn -Around signs being added in the neighborhood at Country Lane;
• There will be added signage restricting deliveries overnight and restricting other delivery
times so as not to disturb the abutting neighborhood; and
• There will be a parking sign added to the property restricting parking of commercial
vehicles to a 3-hour time linti6
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the
requirements of Table 31 of the Zoning Ordinance have been met in that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or
other adverse environmental effects of a type or degree not characteristic of permitted
uses in the zoning district, have been appropriately controlled.
3. The proposed use will fit harmoniously with the existing natural or man-made character
of its surroundings, and with permitted uses in the zoning district. The use will not have
undue deleterious effect on the environmental quality, property values, or neighborhood
character already existing in the area or normally associated with permitted uses in the
district.
4. The proposed use will not require existing conununity facilities or services to a degree
disproportionate to that nomtally expected of permitted uses in the district, nor generate
disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
S. The proposed use will not be detrimental to the safety or health of the employees,
patrons, or visitors associated with the use nor of the general public in the vicinity.
G. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
SECTION 3: The SUBJF.C'1' PROPERTY is hereby granted the following Variances:
• A Variance of hventy-one (21) spaces from the oIC-street parking and loading
requirements;
• A Variance to allow multiple principal buildings and land uses on one zoning lot
(convenience store an automobile washing facility);
• A Variance from the minimum spacing requirement between service stations; and
• A Variance from the ten (10) foot parking screening strip requirement (for the southeast
corner of the site-parkiog adjacent to Riverside Chocolate hactory).
Subject to the following conditions:
• A hedge row of low growing evergreen shrubs he planted along the Illinois Route 120
and Chapel hill Road frontage for the 8,400 sqr> ire -foot retail building, to screen
headlights onto Illinois Route 120 fiont vehicles utilizing the drivo-thrn and parking lot
as opposed to ornamental plantings; and
• Board -on Board fence shall be extended along the entire length of the northern properly
line.
SECTION
4: In granting said Variances the City Council finds that the requirements of
Table 32 of the Zoning Ordinance have been met in that:
Special circumstances exist that are peculiar to the properly for which the variance is
sought and lhnt do not apply generally to other properties in t1e same zoning district.
And, these circumstances are not of so general or recurrent a nature as to make it
reasonably practical to provide a general regulation to cover them.
2. The special circumstances referenced herein relate only to the physical character of the
land or building(s) for which the variance is sought, such as dimension, topography, or
soil conditions. They do not concern any business or activity the present or prospective
owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or
financial circumstances of such owner or tenant or any other party with interest in the
property.
3. The special circumstances that are the basis for the variance have not resulted from any
act of the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a more
inconvenience,
5. A Variance is necessary for the applicant to preserve and enjoy a substantial property
right possessed by other properties in the same zoning district and does not confer a
special privilege ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the applicant's
economic return, although it may have this effect, but because without the variance the
applicant will be deprived of any reasonable use or enjoyment of the property.
7. The granting of a Variance will not alter the essential character of the locality nor
substantially impair envirormrental quality, property values, public safety or welfare in
the vicinity.
8. The graving of a Variance will be in harmony with the general purpose and intent of
the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of
any changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
S1✓CTION S: The Preliminary Plat of Subdivision - Heidner Properties Subdivision
prepared by Vanderstappen Land Surveying, no. Dearing the dale of September 27, 2016
consisting of three (3) streets attached hereto and incorporated herein as Exhibit C, shall be
hereby approval, with the following conditions:
Irinal Plat of Subdivision must be presented to the Plamring and Zoning Commission at a
firiure date following incorporation of all carmnents made by the Illinois lleparlment of
Transportation; Hit Green; City Staff and the McHenry County Division of
Transportation and to ensure Final Plat of Subdivision is in substantial conformance with
llie preliminary plat submitted herein; this will also follow City Council review of the
preliminary plat;
Reference to Nunda Township must be eliminated and Plat labeled Preliminary and not
Final;
Compliance and/or disposition statements) to the conmrents submittal by Hit Green and
City Staff (in letters to Mr. Douglas P. Martin dated 6128/16 consisting of eight (8) pages,
and dated 8/16/16 consisting of nine (9) pages), as they relate to planning, zoning and
preliminary plat and engineering issues, prior to being presented to the City Council for
Preliminary Subdivision Plat approval (many comments have been addressed by
applicant in a letter submitted by Steven M. Shanhoitzer, Project Manager Manhard
Consulting, Lld. in a letter to Mr. Douglas Martin dated 8/8116 and consisting of eleven
pages and resubmitted to the City Engineer);
Compliance and/or disposition statement(s) to comments submitted by McHenry County
Highway Division ( in a letter to Mr. Michael A. Werthmann, P.E. dated 7128/16 and
consisting of three (3) pages);
Gross Access and Parking Easement Language, refcrcnced for the benefit of Lots 1 and 2
on the proposed Final Plat Subdivision Heidner Properties Subdivision, shall be included
ou a revised preliminary plat and reference the Riverside Chocolate Factory site in
addition to proposed Lots 1 and 2, and submitted prior to City Council consideration of
the Preliminary Subdivision Plat;
huterior directional signage plan shall be submitted. (Directional signs shall be placed at
locations to the north and south and adjacent to the car wash to direct traffic coming from
Chapel Hill Road and Illinois Route 120 in and oil of the car wash, as well as other
internal directional signs for parking adjacent to the Riverside Chocolate Factory).
SECTION 6 All Ordinances or parts thereof h� conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 7: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of (lie City of McHenry, McHenry County, Illinois.
SECTION 8: This Ordinance shall bo in full force and of%ct from and alter its passage,
approval, and publication in pamphlet form as provided by law.
PASSED and APPROVED this 6�h day of Seplemher 2016.
Voting Ayc: CONDON, CURRY, SCHAEFER, GLAB, SANTI
Voting Nay: NONE
Abstaining: NONE
Not Voting: NONE
Absent: WIMMER, PETERSON
/I r
Mayor
ATTEST:
fL . Up Cler
EXHIBIT A
That part of the southeast Quarter of Section 25 and the Northeast
Quarter of Section 36, all in Township 45 North, Range 8 East of the
Third Principal Meridian described as follows: Beginning at the Southeast
corner of said Section 251 thence South 0 degrees 51 minutes 51 seconds
iVest along the East line of the Northeast Quarter of said Section 36,
278.26 feet, thence South 66 degrees 57 minutes 43 seconds West, 189,65
feet to the Northeasterly line of Circuit Court Case No. 92Ed7 filed
March 26, 1996; thence Northwesterly 364.39 feet along a curve to the
left having a radius of 23,955.19 feet., bearing North 70 degrees 01
minutes 37 seconds West for a distance of 364.39 feet; thence continuing
Northwesterly 426.90 feet along a curve to the left having a radius of
1,224.01 feet, bearing North 80 degrees 27 minutes 16 seconds West for a
distance of 424.74 feet; thence .South 89 degrees 33 minutes 14 seconds
West, 20.92 feet to a line 1158.0 feet East of and parallel with the East
right of way line of Hillside Lane; thence North 0 degrees 00 minutes 00
soconds West• along said parallel line (as measured at right angles to
said East right of way linej, 237.00 feet; thence North 90 degrees 00
minutes 00 seconds West, 258,00 feet; thence North 0 degrees 00 minutes
00 seconds West, 53.00 feet to the South line of Eastwood Manor Unit No.
2, according to the plat thereof recorded August 17, 1956 as document no.
311472, in Book 12 of Plats, Page 82, in McHenry County, Illinois; Thence
North 90 degrees 00 minutes 00 seconds East 258.00 feet along said South
line of Eastwood Manor Unit No. 2, to the Southwest corner. of Lot "A" in
Eastwood Manor Unit No. 1, according to the plat thereof recorded August
]5, 1955 as document• no. 296453, in Bock 12 of Plats, Page 45, in McHenry
County, Illinois; thence North 0 degrees 04 minutes 46 seconds West
167.80 feet along the West line of said Lot "A" to the Northwest corner
of said Lot "A"; thence Northeasterly along a curve having a radius of
719.219 feet, as said curve is convexed to the Southeast, an are distance
of 16.64 feet to the point of reverse curvature ; thence Easterly along a
curve having a radius of 247.27 feet, as said curve is convexed to the
North, an arc distance of 81.05 feet; thence South 0 degrees 04 minutes
46 seconds East along the Nest line of the East 45 feet of the West 140
feet of said Lot "A", 189.85 feet to the South line of said Lot• "A";
thence Easterly along a curve having a radius of 1496 feet, as said curve
is convexed to the North, an are distance of 45.09 feet; thence North 0
degrees 04 minutes 46 seconds West along the East line of the West 140
feet of. said Lot "A", 109.48 feet to the North line of said Lot "A";
thence Easterly along a curve having a radius of 247.27 feet, as said
curve is convexed to the North, an arc distance of 46.55 feet to the
point of tangency; thence South 70 degrees 0 minutes 53 seconds East
along the North line of said Lot "A", 75.02 feet to the most
Northeasterly corner of. said Lot "A"; thence South 6 degrees 28 minutes
08 seconds West, 163.55 foot to the Southeasterly corner of said Lot "A";
thence Southeasterly along a curve having a radius of. 1496 feet, as said
curve is convexed to the Northeast, an arc distance of 316.20 feet to a
point of compound curvature; thence Southeasterly along a curve having a
radius of 29,000 feet, an arc distance of 39.90 feet, thence South 89
degrees 09 minutes 56 seconds East along the South line of said Eastwood
Manor Unit No. 1, 379.31 feet; thence South 0 degrees 45 minutes 55
seconds West along the East line of said Southeast Quarter. of. Section 25,
27.70 feet to the Place of Beginning, in McHenry County, Illinois.
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McHenry County
Division of Transportation
Joseph R. Korpalski, Jr., P.E.
Director of Transportation/County Engineer
Ricky Rocket's Fuel Center
Intersection of IL Route 120 at
Chapel Hill Road — Route 040
May 30, 2017
Mr. Steve Shanholtzer, P.E.
Manhard Consulting LTD
900 Woodlands Parkway
Vernon Hills, IL 60061
Dear Mr. Shanholtzer:
The McI-Ienry Cotmty Division of Transportation (MCDOT) is in receipt of the following
electronic documents, all received on April 26, 2017:
• City of McHenry approved Preliminary Plat of Subdivision, dated 9/27/2016
• Final Plat of Subdivision, dated 4/19/2017
• IDOT Hydraulic Checklist, dated 4/18/2016
• Engineering Plans for Proposed Improvements to Chapel Hill Road, dated 4/14/2016
• Engineering Plans for Ricky Rockets Retail Development, dated 4/13/2017
• Engineering Plans for Proposed Improvements to IL Route 120, dated 4/14/2017
• Copy of IDOT review comments and responses, dated 4/18/2017
• Chapel Hill Road Truck Turn Exhibit, dated 4/18/2017
On behalf of the MCDOT, following are review comments.
3
I2I;LIMINARY PLAT Or SUBDIVISION
1. Acceptable. The County Engineer would not sign the Preliminary Plat.
FINAL
PLAT Or SUBDIVISION
1. Acceptable.
2. When ready, please drop off the Final Plat of Subdivision at MCDOT to obtain County
Engineer's signature, You will be contacted when the plat has been signed for your
pickup and routing to others.
3. Once the Final Plat is retarded, provide a copy of the "recorded" plat to MCDOT.
16111 Nelson Road •Woodstock • IL • 50098
Phone (815) 3344980 •Fax (815) 334-4989
May 30, 2017
Page 2 of 4
SITE
PLANS
1.
The design and details for the temporary construction entrance are unacceptable. The
MCDOT does not allow use of gravel construction entrances on or along County
Highways for this type of development construction traffic.
2.
The design also shows the construction entrance begirming at the edge of the new
entrance/right-of-way line. This temporary construction entrance would be built before
any of the permanent roadway improvements on Chapel Hill road. Therefore, the
construction entrance should be designed to begin at the edge of the existing highway
pavement.
3.
The temporary construction entrance shall be revised to include 50 foot radii and be
constructed of a hard surface material for a minimum of 100 feet from the edge of the
existing highway pavement in order to reduce the effects of sediment and other debris
from reaching the Comity highway.
4.
Signage to indicate "TRUCKS ENTERING AND EXITING HIGHWAY" shall be
included on the plans and erected in each direction on Chapel Hill Road at 500 feet in
advance of the entrance.
5.
The temporary construction entrance material shall be removed in its entirety and
replaced with the permanent pavement section. Include notes accordingly.
6.
A temporary culvert will be necessary to convey stormwater in the existing ditchline
while this construction entrance is in place. Culvert shall be of a material to withstand the
heavy construction traffic anticipated to use the entrance and be of sufficient length to
allow construction of temporary shoulders beyond the radii. Revise accordingly.
7.
The existing roadway sign, currently at station 504+63.82, will need to be relocated to the
south of the construction entrance. The sign should be placed at station 503+30.44 to
match the permanent relocation (see comments for Chapel Hill Road Plans).
8.
Reference the Permit Procedures Detail No. PPD3 found in the Permit Procedures and
Requirements Manual, available on our website at www.mehenrycountydot.org for
details on the construction entrance.
9.
A separate Highway Access Permit application, $300 application fee, $5,000 bond and
certificate of insurance are required in order to issue approval for this temporary
construction entrance. The application can be found on our website at
www.mchenrycountvdot.org.
Make checks payable to "McHenry County Division of
Transportation". Please include with the application the revised sheet and details showing
this construction entrance,
CHAPEL HILL ROAD PLANS
1. Sheet 5 of 19
a. COUNTRY LANE IS MISSPELLED as COUNTY LANE.
b. The sawcut full depth line needs to capture the removal of the existing edge lines.
c. The existing westerly edge line pavement markings from station 508+30.15 to
Country Lane need to be addressed. The current proposed saw cut limits do not
address removal of these lines. The edge line currently extends from station
508+30.15 to wrap around the corner at Country Lane.
May 30, 2017
Page 3 of
2. Sheet 9 of 19
a. The limits of existing pavement removal appear to be incorrect. The existing shoulder
area will be part of the new turn lane taper and must be removed and reconstructed to
allow for fill depth pavement from station 508+30.15 to the radius at Country Lane.
b. There are existing pavement markings on Chapel Hill Road at this same location that
will be. in conflict with the proposed pavement markings and have not been
addressed.
c. Given the widening to construct the turn lane taper, the existing shoulder beyond the
taper edge will not be of sufficient width. A paved shoulder is required parallel to and
beyond the edge of the turn lane taper in this same area.
3. Sheets 10 and 11 of 19
a. Correct the misspelling of DECTECTABLE in the warning plate note. It is currently
shown as DECTABLE.
4. Sheet l 1 of 19
a. The sidewalk connections to the main entrance shall be designed using side flares,
rather than side curbs. Due to the existing utility pole at the northwest corner it is
understood and agreed this would use a side curb. However, the other sides of both
sidewalks can be designed to use side flares. Please reference IDOT standard 424001-
06 (Ramp in paved area setback > 5') to view how the side flares could look,
5. Sheet 14 of 19
a. For each location with existing signs be also indicate they are existing and include a
note "to remain". For example, EX. STA. 501+34.59 31.92' RT SPECIAL — NO
PARKING TO THE LEFT SIGN (TO REMAIN).
b. Relocate the existing SPECIAL — LANE DIRECTION SIGN, currently at station
504+63.82, to station 503+04,82 LT.
c. Relocate the new R3-5R sign, currently shown at station 506+85 LT to station
507+10.92 LT.
6. Contact with the property owner's along Chapel Hill Road that are affected by this
auxiliary lane and driveway conshuction must be made to inform them of the proposed
improvements. Has this been done?
Please be advised that once the above engineering details have been resolved and accepted by
MCDOT, and the Final Plat has been submitted, reviewed and signed by the County Engineer,
the following documents will be required, per Ordinance, to obtain a written permit approval
Iom MCDOT for access to Chapel Hill Road.
A. (1) paper copy of the "Recorded" Final Plat.
B. (2) paper copies of engineering plans
C. (1) electronic copy of engineering plans
D. Engineers Cost Estimate (for construction within highway right-of-way only). Reference
the McHenry County Access Control and Right -of --Way Management Ordinance and the
Permit Procedures and Requirements Manual for details.
May 30, 2017
Page 4 of 4
E. Performance Guarantee in the amount of 150% of the Engineers Cost Estimate (note:
estimate must first be reviewed and approved by MCDOT).
F. Certificate of Insurance, with the following language added: "McHenry County, the
McHenry County Division of Transportation, its employees and agents are listed as
additional insured parties".
G, Resident Engineer Letter (reference the Ordinance and Manual for details).
Please revicw the above comments and provide a written disposition of comments with your next
submittal. Future submittals should be sent electronically and may result in additional review
comments based on resubmittals. Please be sure to provide MCDOT with copies of any City or
IDOT review comments.
DISCLAIMER STATEMENT: — In accordance with Chapter 3, Section 3.$ of the McHemy
County Access Control and Right -of -Way Management Ordinance (effective January 1, 2009)
"An application for any permit under this Ordinance will be considered inactive if no response
is provided by the applicant or their representative, including any engineers involved with the
submittals, within six (6) months from the date of the last written review comments received from
the McHenry County Division of Transportation, If that time period has lapsed, the application
will be considered invalid and the applicant must reapply and comply with any and all new
conditions, policies, standards or Ordinances that may be in effect at the time of the re -submittal.
It shall be the permittee's responsibility to contact the McHenry County Division of
Transportation to determine the status of any permit submittals. "
As always we look forward to working with you on this and firiure projects. If you have any
questions about any of the above comments please feel free to contact me at (815) 334=4972 or
by a -mail at rdbeets a.co.mchenr .il.us
Very truly yours,
Ray Beets
Permit and Developer Projects Manager
c: Eric Grabowski, Heidner Properties, Inc.
Mike MacKinnon, Bluestone Single Tenant Prop, LLC
Doug Martin, City of McHenry
Tom Gallenbach, IDOT Area Permit Engineer
Bob Hunter, Riverside Chocolate Factory
Project File
June 08, 2017
Ronald and Glenda Malcolm
1109 Chapel Hill Road
McHenry, IL 60051
Attn.: Property Owner of 1109 Chapel Hill Road (PIN 09-25-479-027)
RE: Proposed Construction Activities along Chapel Hill Road
To Whom It May Concern,
Ricky Rockets is pleased to announce that the construction of the new Ricky Rockets Fueling Facility
located at the northwest corner of Route 120 and Chapel Hill Road (excluding the Riverside Chocolate
Factory property) is planned to commence in late summer of 2017.
As part of the construction project, there will be roadway improvements made to Chapel Hill Road.
These improvements will include new turn lane construction that will occur along the frontage of your
property. Also, included in the new turn lane construction will be a new storm drainage system and
curb and gutter. These improvements will not extend onto private property. While there may be brief
interruptions to access of the driveways, all measures will be taken to safely maintain access
throughout construction. We will keep you updated as we get closer to construction. Please refer to
the enclosed engineering plan exhibit for the location and scope of the Chapel Hill Road
improvements.
If you have any further questions regarding the proposed Chapel Hill roadway improvements, please
feel free to contact me at (630) 388-8550 or via email at mike@bluestonestp.com.
Yours truly,
Bluestone Single Tenant Properties, LLC
Mike MacKinnon
Enclosures
Cc: McHenry County Division of Transportation
Doug Martin —City of McHenry
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Illinois Department of Transportation
Office of Highways Project Implementation / Region 1 [District 1
201 West Center Court / Schaumburg, Illinois 601984096
PERMITS
Location: IL Route 120 at Chapel Hill Road, Ricky Rocket's Fuel Center
Reference No: 056-71247
March 6, 2017
Mr. Troy Paionk
Manhard Consulting
900 Woodlands Parkway
Vernon Hills, IL 60061
Dear Mr. Paionk:
We have completed our review of your engineering drawings for the proposed
Ricky Rocket's Fuel Center at the subject location. Our comments are marked
in red/blue on the enclosed plan set. This marked set must be returned with
your next submittal.
Additionally, we offer the following comments:
Bureau of Programming — Hydraulics Section Comments:
(Please see attached comments).
Bureau of Traffic Permits Section Comments:
1. The set of plans must be stamped and signed by a Professional
Engineer.
2. The right-in/right-out Island must be 24 feet minimum and must be
aligned with the turning lane edge of pavement.
3. Provide 100 feet minimum storage at the left turn lane to Charter
Fitness.
4. Revise median nose at the proposed full access and match existing
barrier type,
5. Revise all sidewalk to 1.5% cross slope.
6. Show the travel slope of the sidewalk on the plans.
7. Provide profile of the curb and gutter and edge of payment.
8. Provide superelevation transition table per BIDE.
9. There will likely be ponding between stations 81+00 and 81+50.
Typically, slope/fall is 0.33 inches minimum in 100 feet. Please revise.
10. Complete and submit the attached Municipality Sidewalk and ADA
Acceptance Letter.
11. Provide a copy of this letter and a disposition of comments with your
next submittal.
Location: IL Route 120 at Chapel Hill Road, Ricky Rocket's Fuel Center
March 6, 2017
Page 2
Please revise your drawings/plans in accordance with the above comments and
resubmit two (2) copies of your revised plans to continue the review process.
If you have any questions regarding this matter, please contact Yeleina Haydel
at (847) 705-4145.
Very truly yours,
Anthony J. Quigley, P.E.
Region One Engineer
By: I �& /7ffit i
Thomas G. Gallenbach, P.E.
Traffic Permit Engineer
cc: City of McHenry
Reading File
Z-912 Form F
PLAUDEVELOPMENT APPLICATION
City of McHenry
333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (8I5) 363-2173
1. Name of Applicant RR McHenry, LLC Tel 630-894-0099
Address 5277 Trillium Blvd, Hoffman Estates IL 60192 Fax
2. Name of Property Owner Same Tel
(If other than Applicant)
Address Fax
3. Name of Engineer Manhard Engineering, Tel 630-925-1033
(If represented)
Address Fax
4. Name of Attorney Tel
(If represented)
Address Fax
5. Common Address or Location of Property NWO Chapel Hill Road & Route 120
6. Requested Action
Preliminary Plat
X Final Plat
Development
Provide a brief description of the Requested Action. For example, indicate the number of lots and the
type of subdivision (single-family, towlrttome, commercial, industrial, etc.) or include a description of
the development project:
Final plat approval pursuant to Ordinance ORD-16-1814 approving the preliminartiplat for the subject
ro et
FORM F Page 1 of 3
7. Current Use of Property
8. Current Zoning Classification of Property, Including Variances or Conditional Uses
C-5 with Conditional Use Permits for an automobile fueling station and drive-in establishment as part
of an automobile wash and Conditional Use Permit for a drive-in establishment as part of a
freestanding multi -tenant building,
9. Current Zoning Classification and Land Use of Adjoining Properties
North: Unincorporated McHemv County -Residential
South: C -5 / Unincorporated McHenry County - Vacent
East: Unincorporated McHenry County —Gas Station Farm Residential Chocolate Factory
West: C-S- Retail
10. Required Attachments -Please refer to the attached checklist.
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject
property or his or her agent or nominee.
Applicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s) to make the application.
Applicant or Owner is Corporation or Partnership
If the Applicant, owner, contract purchaser, option Al or any beneficiary of a and trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a land Trust
[f the Applicant or owner is a land trust or other tr�rst or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application.
FORM F Page 2 of 3
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that the City process this application in accordance with the codes and ordinances of
the City.
Signature of Applicant(s,l
Print Name and Designation of Applicant(s)
RR McHenry, LLC
By: Rick Heidner, its President
r URM F Page 3 of 3
Development Narrative
Variance Request
NWC Illinois Route 120 & Chapel Hill Road
RR McHenry, LLC is hereby requesting a variance from Section 6.13 of the Subdivision Control
and Development Ordinance requiring existing above -ground structures along the perimeter of a
new subdivision to be buried along Chapel Hill Road.
Please find below the statement of justifications for this request:
The granting of the variance is in keeping with the overall purpose and intent of these
regulations, and will not be detrimental to the public health, safety, or general welfare.
Response: The above -ground lines will be consistent with the existing condition
and neighborhood located north of the subject property. The health, safety, and
general welfare of the public will in no way be impacted by this variance.
2. The conditions on which the request is based are unique to the property for which the
relief is sought and are not applicable generally to other property.
Response: McHenry County DOT is planning to expand Chapel Hill Road. If the
utilities were buried today, it is likely that the lines will need to be relocated upon
final design of the intersection. The burying of the lines will be better configured if
this were deferred until the final design and construction of Chapel Hill Road.
3. The granting of the variance will alleviate a practical difficulty or particular hardship due to
the physical surroundings, shape or topographic conditions of the specific property
involved.
Response: The variance is requested to allow for the appropriate placement of the
utilities when Chapel Hill Road is re -designed.
4. The granting of the variance will not negatively affect adjacent properties.
Response: The variance will not create any negative impacts to adjacent property
owners, and will maintain the existing condition of these utilities for the interim.
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