McHenry Times

City of Crystal Lake Planning & Zoning Commission met Dec. 4.

Here is the minutes provided by the commission:

The meeting was called to order by Vice Chairman Greenman at 7:30 p.m. On roll call, members Esposito, Goss, Philpot, Skluzacek, and Greenman were present. Members Jouron and Hayden were absent.

Elizabeth Maxwell, City Planner, and Katie Cowlin, Assistant City Planner, was present from Staff.

Mr. Greenman asked those in attendance to rise to say the Pledge of Allegiance. He led those in attendance in the Pledge.

Mr. Greenman stated that this meeting was being televised now, as well as, recorded for future playback on the City’s cable station. He added to please use the sign in sheets in the rear of the Chambers and he will call the names from the list for anyone who wishes to speak.

APPROVE MINUTES OF THE NOVEMBER 6, 2019 PLANNING AND ZONING COMMISSION MEETING

Mr. Goss moved to approve the minutes from the November 6, 2019 Planning and Zoning Commission meeting as presented. Mr. Esposito seconded the motion. On roll call, all members present voted aye. Motion passed.

2019-164 MASSAGE BY HAILEY – 550 W Woodstock St – PUBLIC HEARING This petitioner is requesting to be continued to the February 5, 2020 meeting. Special Use Permit for a massage establishment.

Mr. Goss moved to continue 2019-164 Massage by Hailey to the February 5, 2019 PZC meeting. Mr. Esposito seconded the motion. On roll call, all members voted aye. Motion passed.

2019-182 CHURCH STREET APARTMENTS – 178 McHenry Ave – PUBLIC MEETING

A motion is requested to set a public hearing date of December 9, 2019

Preliminary and Final Planned Unit Development for 36 apartment units with rezoning the properties from

R-2 and R-3A to R-3B and a density variation to allow 13.8 units per acre.

Mr. Greenman stated this is the public meeting for this petition. It is to set the public hearing date of December 9th at the Special PZC meeting. At that time if anyone wishes to comment on the request may do so at that time.

Joe Gottemoller, attorney, and George Ieremciuc, petitioner, were present to represent the petition.

Mr. Goss moved to set the public hearing for 2019-182 Church Street Apartments for the December 9, 2019 Special PZC meeting. Mr. Skluzacek seconded the motion. On roll call, all members voted aye. Motion passed.

Mr. Gottemoller asked if the Commission could move the next item, Pingree & Rakow LLC, to after 1153 North Shore since the petitioner had not arrived yet. The Commissioners agreed.

2019-64 1153 NORTH SHORE DR – PUBLIC HEARING

This petition was continued form the November 6, 2019 PZC meeting.

Variation from Article 7 Nonconformities to allow the reconstruction of a structure or portion of a structure, which was destroyed/removed by more than 50%, to allow the increase in the nonconforming structure by increasing the volume of the area, and to allow a zero-foot side yard setback.

Mr. Greenman stated the sign has been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Greenman waived the reading of the legal notice without objection.

Joe Gottemoller, attorney, and Brett and Linda Matthias, petitioners, were present to represent the petition. Mr. Gottemoller said this request is to settle a long-term neighborhood issue. There was an easement agreement created several years ago by people who no longer own the property. He presented a site plan that illustrated the future land swap between the two property owners. He explained that the petitioner would be back before the Commission for the plat of subdivision. Mr. Gottemoller went through the variations and noted why they were needed. The renovations required them to remove much of the structure and the repairs to the floor required the ceiling height to be raised. This is the reason for the variation to rebuild a non-conformity and the variation to expand the volume of a non-conformity. When the subdivision is done it will produce a zero foot side yard, which is the reason for that variation. Both neighbors want to solve this issue.

Mr. Greenman asked that a hardship be identified. Mr. Gottemoller said the current owners are paying the tax bill on this home. He is not aware of anywhere else where a home is 7 feet onto the adjacent property. He said the shape of the lot is a problem. The orientation of the Rockwell house next door is also a problem. This request will not change the character of the neighborhood. Mr. Gottemoller said neither of the property owners created this problem, but they want to solve it.

Mr. Greenman asked if the petitioners had any concerns with the conditions listed in the staff report. Mr. Gottemoller said they are ok with the conditions listed, but they believe a Plat of Subdivision is not necessary.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Philpot said this makes sense to take care of this problem. As for the requirement for a Plat of Subdivision - he understand there is a monetary burden. He supports the request.

Mr. Esposito said he is ok with the request. He said non-conforming lots, especially in this area, can be a problem.

Mr. Skluzacek said he is ok with the request.

Mr. Goss asked if the grading will change. Mr. Gottemoller said when the patio is removed it will change slightly. Mr. Goss said this request meets the Findings of Fact and he does not have any problem with what they are trying to accomplish.

Mr. Greenman thanked the petitioners for correcting this situation. He agrees that this request meets the Findings of Fact.

Mr. Esposito moved to approve the Variation from Article 7 Nonconformities to allow the reconstruction of a structure or portion of a structure, which was destroyed/removed by more than 50%, to allow the increase in the nonconforming structure by increasing the volume of the area, and to allow a zero-foot side yard setback for 1153 North Shore Drive with the following conditions:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:

A. Application (Matthias, received 09/20/19)

B. Plat of Survey (Schmitt Engineering, dated 05/02/09, received 09/20/19)

C. Architectural Plans (ALA Architects, dated 05/22/19, received 09/20/19)

D. Plat of Survey Exhibit (Matthias, undated, received 11-20-19)

2. The petitioner shall address all of the review comments and requirements of Community Development Department.

3. The petitioner shall provide a plat of subdivision, which meets all the requirements for a Final Plat of Subdivision in Article 5 of the UDO, to the City for signatures, and recorded. A recorded copy shall be provided to the City.

4. The remaining brick wall on the 260.5 square foot parcel shall be removed no later than July 1, 2020.

Mr. Goss seconded the motion. On roll call, all members voted aye. Motion passed.

2019-181 PINGREE & RAKOW LLC (SARILLO) – 1095 Pingree Rd – PUBLIC HEARING

Rezoning the property from M Manufacturing to M-L Manufacturing Limited and a Special Use Permit to allow a daycare center.

Mr. Greenman stated the sign has been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Greenman waived the reading of the legal notice without objection.

Joe Gottemoller, attorney, Tony Sarillo, owner, and Daniella Galvan, owner of Wonder Joy Daycare, were present to represent the petition. Mr. Gottemoller said the request is the down-zone the property from “M” Manufacturing to “M-L” Manufacturing Limited with a Special Use Permit for a day care center. He said the rezoning does not impact any of the current users. The surrounding zoning has not been used for manufacturing, but for offices and commercial uses. The number of cars going by the property daily creates more of a desire for offices and commercial. He added there is a demand for day care along this stretch of roadway. There is no demand for manufacturing. Mr. Gottemoller said there is no change to the Comprehensive Land Use Plan Map. They will retain the PUD restriction on the property which will still give the controls for the City.

Mr. Gottemoller said Staff has reviewed the standards for day care and they need to provide an area for the children to play. There were questions raised regarding bus loading and we will be ok with whatever Staff requires. Mr. Sarillo said there is a condition regarding removal of the wood, etc. It has not been removed yet, but it will be in accordance with the recommended condition.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Goss said the day care unit is part of the 2-story building. Mr. Sarillo said there is no access between the first and second floor tenants. They need to go outside to go between floors. Mr. Goss raised concerns with taking the kids to the play area. Mr. Sarillo said the kids must be escorted to the area per State requirements. Mr. Goss suggested some signage be installed in the back.

Mr. Skluzacek asked about the play area outside. Ms. Galvan said they are required to have a play area but it can be indoors, which is what they will have. Mr. Skluzacek said he is concerned with dogs being walked in that back area. Mr. Sarillo said the vet most likely uses the side of the building and has bags and signage.

The play area will meet State requirements. Mr. Skluzacek asked about removing the old wood. Mr. Sarillo said the former tenant has moved out and it will take them some time to get all of the wood out of that area, but it will be completed by the timeframe given by Staff. Mr. Skluzacek said he is concerned with the play area being safe for the kids.

Mr. Esposito said he does not have a problem with the rezoning since this property was zoned long before Rakow Road was built. Also, there is a kid’s indoor play area in the building. He does not have a problem with the day care locating in the building.

Mr. Philpot said he is ok with the request. He asked about the number of children in the day care. Ms. Galvan said 100. Mr. Philpot is ok with the play areas. His larger concern is crossing the parking lot. He is ok with the requests.

Mr. Greenman agreed with the comments that have been made. This request meets the Findings of Fact and the zoning is appropriate for the area. The area hasn’t developed into heavy manufacturing as originally envisioned and he supports the petition.

Mr. Goss moved to approve the Rezoning the property from M Manufacturing to M-L Manufacturing Limited and a Special Use Permit to allow a daycare center for Pingree & Rakow LLC at 1095 Pingree Rd. with the following conditions:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:

A. Application (Pingree & Rakow LLC, dated 11/12/19, received 11/12/19)

B. Site/EvacuationPlan(Pingree&Rakow,dated11/11/19,received11/12/19) 

C. FloorPlan(Pingree&Rakow,dated11/11/19,received11/12/19)

2. The rubbish, box containers, wood and other materials located in the gravel area behind the building must be removed prior to the occupancy of the child-care center or January 31, 2020, whichever comes first.

3. The petitioner shall address all of the review comments and requirements of the Community Development and Fire Rescue Departments.

Mr. Skluzacek seconded the motion. On roll call, all members voted aye. Motion passed.

2019-184 IMMANUEL LUTHERAN CHURCH – 300 S. Pathway Court

Final Plat Amendment to remove a condition of approval and a Variation from Article 5 the Subdivision Ordinance from the requirement to provide a security for the subdivision’s associated public improvements.

Mr. Greenman stated the sign has been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Greenman waived the reading of the legal notice without objection. This is not a hearing but a public meeting. Will not have

Joe Gottemoller, attorney, and Pastor William Tieman, with Immanuel Lutheran Church, were present to represent the petition. Mr. Gottemoller said this has been a concern for the church for some time. The world has changed since the original approval of the Plat of Subdivision. There was discussion at that time regarding a connection across Main Street to Congress Parkway. After over 10 years it does not seem that the crossing will be built any time soon and the church has been saddled with having a Letter of Credit for several improvements. The Letter of Credit never included the cost of the road construction. The remaining lots, when developed, will be looked at to see what portion of the road connection will be borne by them. This is a burden that no one needs to take on at this time. He said they are requesting relief from the Letter of Credit requirement and they will be involved in this in the future. It does not look like the crossing is going to happen any time soon and they are asking to amend the original plat. Mr. Gottemoller said they disagree with establishing an SSA without a time frame or a dollar amount. Pastor Tieman said they believed that the crossing would happen in a short period of time.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

Ms. Maxwell said development in the City of Crystal Lake has always been required to pay for the improvements. The City felt the road connection was warranted with the development of these lots, which is why the Letter of Credit was required. We understand the financial burden and the connection has not happened in over 10 years. There is no clear time frame for it to happen. Staff felt that condition #2 is important for any future development to pay their fair share of the improvements.

Mr. Goss said he was on the City Council when this was originally approved. It was decided there needed to be a second access. A lot of effort has been spent on putting in the connection. The City even volunteered to give the railroad City property to move the tracks. It was very involved. Mr. Goss said he is sad that what was originally approved has cost the church money. He said an SSA should be re-evaluated at the time of development. He thanked the church for being so patient.

Mr. Skluzacek said he would like to see the money go to a better use. The money for the Letter of Credit is not working for anyone.

Mr. Esposito agrees that there needs to be reviewed at the time of development and or tracks are moved.

Mr. Philpot agree with the other members. It was a good idea at the time and done with the best of intentions. It is sad that it has become a burden on the church.

Mr. Greenman agreed that the church has to fulfil this requirement for many years. We have tried to get access and appreciates the church working with the city. Ms. Maxwell said the City still feels the connection is warranted. They have been contacted by possible developers who want higher density residential on the remaining lots so there could be a significant amount of traffic. Development is tied to the tracks being relocated. Woodstock is trying to get the storage moved to the tracks near their station. Somethings are still moving forward, but it is taking a very long time. Ms. Maxwell said there is no deadline and holding the Letter of Credit is a large burden. There needs to be another mechanism there. Mr. Greenman said the financial impact is not in their purview typically, but agrees this is an undue burden. They need some sort of protection to share in the cost of the improvements.

Mr. Goss suggested removing the hill at the rear entrance to the shopping center. The petitioner should stay in contact with staff to find an alternative. There must be two access points to this property. Since we do not have a time frame or an amount for an SSA that is not realistic. Mr. Gottemoller said any future developer needs to set a budget for the development, but the church cannot tell the developer what the cost will be or when. We know that when any discussion of future development comes up, the developer will need to pay their fair share. Now we do not know what the traffic will be so you cannot size the intersection. Mr. Greenman said 10 years ago it was the right decision and now he struggles with not having the burden on the church, but there should not be a burden on the city. Mr. Gottemoller said he does not have a solution to this. Pastor Tieman thanked the Commissioners for listening to the petition.

Mr. Greenman said the general consensus is when land is developed they pay their fair share. Ms. Goss said when they develop property that is when utilities are known and costs are split up. Ms. Maxwell said there was a traffic study done for potential developments. The Letter of Credit was based on what was surmised at the time. Mr. Goss said he does not want an SSA.

Mr. Greenman said he is open to releasing the petitioner from the burden of the Letter of Credit, but needs to have something else in place. Are there any other options. There was discussion regarding possible alternative language. Ms. Maxwell said the language will need to be reviewed by legal counsel.

Mr. Goss said this meets the Findings of Fact.

Mr. Goss moved to approve the Final Plat Amendment to remove a condition of approval and a Variation from Article 5 the Subdivision Ordinance from the requirement to provide a security for the subdivision’s associated public improvements for Immanuel Lutheran Church at 300 S Pathway Court with the following conditions:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:

2. The owner(s), their heirs and assigns, of the four lots within the Immanuel Lutheran Church Subdivision, shall not object to a Special Service Area (SSA) being created on the properties and their participation in any future SSA to connect Teckler Boulevard with Congress Parkway (and all associated costs), if this connection is approved via a future development approval. A covenant running with the land shall be recorded on all four lots with this plat condition. The four (4) lots within the subdivision will be subject to a development agreement that will be recorded on the four lots to fund public improvements. The second access point, currently Congress Parkway, may change in the future due to the Union Pacific Railroad participation or not.

3. The original Final Plat of Subdivision approval, dated March 21, 2006, remains valid except as modified by this petition.

Mr. Esposito seconded the motion. On roll call, all members voted aye. Motion passed.

REPORT FROM PLANNING

Ms. Maxwell discussed the items on the December 9, 2019 special meeting and the items that will possibly be on the agenda for the January 15, 2020 meeting.

COMMENTS FROM THE COMMISSION

There were no comments from the Commissioners. The meeting was adjourned at 9:10 p.m.

https://ecode360.com/documents/CR2206/public/519807691.pdf