McHenry Times

City of Woodstock Plan Commission met Feb. 18.

Here is the minutes provided by the commission:

A regular meeting of the Woodstock Plan Commission was called to order at 7:00 PM by Chairman Cody Sheriff under the Governor’s Emergency Declaration with all members, Staff, and the public attending remotely. Chairman Sheriff described the procedures should members of the public wish to comment.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Don Fortin, Steve Gavers, Robert Horrell, Doreen Paluch, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Donna Besler, David Casner, Arturo Flores, and Jackie Speciale

STAFF ATTENDING REMOTELY: Building and Zoning Director Joe Napolitano, City Planner Darrell Moore, City Attorney Brandy Quance, and City Clerk Cindy Smiley, IT Director Dan McElmeel attended briefly to ensure all were able to attend remotely who wished to do so.

OTHERS ATTENDING REMOTELY: none

APPROVAL OF AGENDA

Motion by D. Paluch, second by R. Horrell, to approve the Agenda as presented.

A roll call vote was taken. Ayes: Fortin, Gavers, Horrell, Paluch, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: Besler, Casner, Flores, and Speciale. Motion carried.

APPROVAL OF MINUTES

Motion by R. Horrell, second by D. Paluch, to approve the minutes of the January 21, 2021, Plan Commission Meeting as presented.

A roll call vote was taken. Ayes: Fortin, Horrell, Paluch, and Chairman Sheriff. Nays: none. Abstentions: Gavers. Absentees: Besler, Casner, Flores, and Speciale. Motion carried.

1. PUBLIC COMMENTS

There were no comments forthcoming from the public.

2. NEW BUSINESS

Public Hearing – Zoning Map Amendment from AG Agricultural District to B3 Service & Retail District (upon annexation) for the real estate commonly referred to as 10806 US Hwy 14, Woodstock, IL, McHenry County Food Cooperative, Petitioner

Chairman Sheriff stated this is a Public Hearing to consider a Zoning Map Amendment from AG Agricultural District to B3 Service & Retail District (upon annexation) for the real estate commonly referred to as10806 US Hwy 14 Woodstock, IL, McHenry County Food Cooperative, Petitioner.

A roll call was taken to establish a quorum.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Don Fortin, Steve Gavers, Robert Horrell, Doreen Paluch, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Donna Besler, David Casner, Arturo Flores, and Jackie Speciale

Chairman Sheriff noted the presence of a quorum and confirmed that all required notifications were made. The Public Hearing was opened at 7:03 PM.

The following individuals representing the petitioner were sworn in by Chairman Sheriff with all presenting for the McHenry County Food Cooperative, 10806 US 14, P.O. Box 1663, Woodstock, IL 60098 as their address: Scott Brix; Julie Zamudio, attorney representing the petitioner; and Rusty Foszcz.

Chairman Sheriff opened the floor to the petitioners for their presentation.

Mr. Brix described the request, stating he is on the Board of the McHenry County Food Cooperative, commonly known as the Food Shed. He stated approval is requested for a Zoning Map amendment to allow them to build a grocery store on the site and to tap into City utilities upon annexation of the property. He noted the property is currently located in the County and is zoned Agricultural. Mr. Brix opined this is a great location for a grocery story. He stated conversations have been had with the neighbors who are excited to have them in the neighborhood because it will provide locally-sourced nutrition for their employees. He stated this will make the entire food supply for McHenry County more secure by sourcing food that is grown and produced around Woodstock.

Mr. Brix then presented a video highlighting the project and its location. He stated the Food Shed owners are excited about the project and to be located in Woodstock, expressing his hope the City feels the same.

Chairman Sheriff opened the floor to Commission questions.

Commissioners Paluch, Horrell and Fortin had no questions at this time.

Commissioner Gavers expressed doubt that this property is not within the City limits, opining it was included with the other lots on Lake Shore Drive, requesting additional information from Staff. Mr. Moore confirmed it is not within the City limits, but rather is within the County. Mr. Napolitano stated it was not included in the subdivision with the other lots. In response to further questions from Commissioner Gavers, who opined the address for the property is on Lake Shore Drive, Ms. Zamudio confirmed the address is on Rt. 14, noting the property does not have frontage on Lake Shore Drive. Mr. Brix stated the property has been purchased from the Mayo Clinic, noting they are getting an easement because the property is landlocked. Ms. Zamudio confirmed the petitioner wanted access off Lake Shore Drive, so they are in the process of acquiring an easement to allow that access. In response to further questions, she stated the property does not touch Lake Shore Drive. Chairman Sheriff noted there is a parcel wrapped around the subject property which locks it off from Lake Shore Drive. A map was shown to confirm this.

Commissioner Gavers expressed support for this request.

Further discussion of the location of the property ensued with its address being confirmed to be on US Rt. 14 with no access to Lake Shore Drive. Ms. Zamudio confirmed the petitioner has a final permanent easement agreement with Catalent and utilities will come off Lake Shore Drive.

Mr. Brix expressed the wish to have a Lake Shore Drive address, especially for GPS purposes. Discussion of this ensued. Discussion ensued of how addresses are assigned with Mr. Moore stating Building and Zoning will assign the address once the property is annexed, this will be taken into consideration.

There were no questions forthcoming from the Staff or the Public.

In response to a request from Chairman Sheriff, Mr. Moore provided a synopsis of the information contained in the Staff report, noting the property is located in an area of the City already containing B3 and M1 zoning areas. He stated M1 zoning would not be appropriate for the property in question due to its size, so B3 would be the natural choice. He stated while there is a specific project in mind for this parcel, this rezoning would not tie the petitioner to this project, and anything allowed under the B3 zoning district would be appropriate.

There were no Public comments forthcoming.

Chairman Sheriff opened the floor to Commission discussion.

Commissioner Paluch stated she reviewed other uses permitted within the B3 zoning district and agreed all would be appropriate. She also agreed B3 is consistent with other zoning in the area and that M1 zoning does not seem practical based on parcel size. She opined the proposed improvement of this parcel and B3 zoning is consistent with the Comprehensive Plan and will enhance the property values in the area and support the tax base. She stated for these reasons she is supportive of this request.

Commissioner Gavers expressed support for the request.

Commissioner Horrell thanked the Food Coop for bringing this opportunity to Woodstock. He stated in looking at other B3 uses and given the size and uniqueness of the parcel, he supports the proposed use and is in favor of the request.

Commissioner Fortin welcomed the opportunity for annexation of this property and its proposed use. Chairman Sheriff expressed agreement with the previous comments and his support of the request.

Motion by D. Paluch, second by S. Gavers to recommend approval of a zoning map amendment to B3 Service and Retail District (upon annexation) for real estate commonly referred to as 10806 US Hwy. 14, Woodstock, IL based upon the findings as noted in the Staff Report.

In response to a question from Chairman Sheriff, there was no further discussion from the Commission. Chairman Sheriff expressed agreement, noting all approval criteria have been met.

A roll call vote was taken. Ayes: Fortin, Gavers, Horrell, Paluch and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: Besler, Casner, Flores, and Speciale. Motion carried.

The Public Hearing was closed at 7:31 PM.

3. OLD BUSINESS

Continued Public Hearing – Text Amendments to the Woodstock Unified Development Ordinance

Chairman Sheriff noted this is a continuation of a public hearing on Text Amendments to the Woodstock Unified Development Ordinance.

A roll call was taken to establish a quorum.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Don Fortin, Steve Gavers, Robert Horrell, Doreen Paluch and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Donna Besler, David Casner, Arturo Flores and Jackie Speciale

Chairman Sheriff noted the presence of a quorum.

The Public Hearing was opened at 7:32 PM.

Mr. Napolitano stated this item is consideration of amending two areas of the Unified Development Ordinance (UDO), the first being Standards for Zoning Variations Section 4.5.7.

Mr. Moore stated it is the feeling of the Zoning Board of Appeals (ZBA) that the Standards as written are rather confusingly worded as they developed over time. He stated the draft language presented this evening has been reviewed and approved by the City Attorney.

Mr. Moore stated this has taken on a new dimension as a result of the upcoming combination of the Plan Commission and the ZBA into one body at the direction of the Mayor, meaning these questions would come before this body.

Mr. Moore then discussed the proposed revisions to Sections 4.5 Zoning Variations and 4.5.7 Standards for Zoning Variations, stating the effort has been made to make this language as clear as possible. He described what is trying to be accomplished with the new language and how new wording would do this. Concerning Section 4.5.7, Mr. Moore stated this was broken down into the four criteria statements identified as A, B, C, and D, contrasting the proposed language with the current language for each one.

Mr. Moore then discussed the Commentary: Standards for Zoning Variations, which lays out the criteria for each, discussing each in detail (i.e., Demonstration of Hardship, Undue Deleterious Effects, and Minimum Amount Required). He stated the proposed language conveyed the information more simply. Mr. Napolitano stated it is important to consider that those applying for variations are generally residents who do not do this often, opining the proposed language would make the process easier, less confusing, and more user friendly for them. Mr. Moore agreed, noting it is hoped this would get better information to and from the petitioner.

In response to a question from Commissioner Gavers, Mr. Moore stated the same standards would apply for residential and commercial. Commissioner Gavers agreed the simplified language would benefit the applicants, making the process easier for them to understand. Mr. Moore opined it will also benefit Staff if the petitioners understand the process better.

Chairman Sheriff and Commissioner Fortin expressed agreement and support.

In response to a question from Commissioner Paluch, Mr. Napolitano stated in the future the Commission will still be presented with the commentary as they are now.

Commissioner Horrell opined this is a great improvement to the old language and will help everyone trying to understand the process. He further opined it is a good idea to include the commentary in the Staff Report for the Commission’s reference. In response to a question from Commissioner Horrell, Mr. Moore stated all four standards will have to be met, as was the case with the previous seven standards, confirming if one is not met, the variation would not be considered to be appropriate. He further confirmed a hardship exists when the three bullet points are met, but would not exist if any one of them is not met.

Mr. Napolitano stated another discussion for this evening is the combination of the Plan Commission and the ZBA, noting it is something Staff has been advocating for some time. He provided information on why this is desirable, noting Woodstock is one of only two larger municipalities in McHenry County that does not have a combined body. He noted the Plan Commission was reviewing many of these items already. Mr. Napolitano stated if this issue moves forward, the action will likely take place at the beginning of the fiscal year on May 1st, when the Plan Commission would take over the duties and the ZBA would be dissolved. He stated there are some amendments to the City Code and the UDO that are necessary, noting those related to the UDO are outlined in the Staff Report, passage of which is one of the steps necessary to proceed. He stated the Mayor is working on the amendments to the City Code and then all will be taken to the City Council.

In response to a question from Commissioner Paluch, Mr. Napolitano stated the Commission is being requested to take action on the identified language this evening. He stated it is the intent the recommendation for approval of the Text Amendments be presented at the same time as the combination of the two bodies.

There were no questions forthcoming from Commissioners Gavers or Fortin.

In response to a question from Commissioner Horrell, Mr. Napolitano stated it is correct that the language proposed for Section 4.1.8 should read “the Planning and Zoning Commission is authorized to recommend approval or denial.”

There were no further questions forthcoming from the Commission.

There were no questions or comments forthcoming from the Public.

Motion by D. Paluch, second by D. Fortin, to approve the Text Amendments as outlined in the Staff Report and as discussed.

Chairman Sheriff opened the Floor for Commission discussion.

There was no further discussion forthcoming from Commissioners Paluch, Gavers, Horrell, or Fortin. Chairman Sheriff stated the criteria have been met as well as the purpose and intent of the ordinance.

A roll call vote was taken. Ayes: Fortin, Gavers, Horrell, Paluch, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: Besler, Casner, Flores, and Speciale. Motion carried.

The Public Hearing was closed at 8:01 PM.

4. DISCUSSION

Mr. Napolitano noted the following activity:

• The Pancor development is moving forward with an appearance before the Historic Preservation Commission being scheduled.

• A possible annexation could appear on the March Plan Commission agenda. • Hospital demolition is progressing.

• Farm & Fleet is undergoing an interior remodel.

• The B&Z Department is looking at the overlay district with the imminent expansion of Route 47, describing this further.

In response to a question from Chairman Sheriff, Mr. Moore stated Pancor has received an Inducement Resolution. Mr. Napolitano stated they are not looking at a lot of TIF relief.

In response to a question from Commissioner Horrell, Mr. Napolitano stated the activity at the former ShopFresh site is not a result of development, but rather is stepped up enforcement activity.

In response to questions from Commissioner Horrell, Mr. Napolitano stated the Alpine Lane property did come before Council and was approved for a Special Use Permit with 10 conditions, most of which were discussed at the Plan Commission Public Hearing. He stated the main issue is screening with Council directing Staff to meet with the parties to develop an acceptable plan for screening, noting if that is not possible the matter will come back to the Plan Commission as arbiters with that recommendation returning back to the City Council. He stated the Council did allow removal of the trees with the exception of the five or six that the petitioner agreed to keep.

In response to Commissioner Paluch’s statement that the easement then means nothing, Mr. Moore stated the easement was without any standards for evaluation making it difficult to address. Commissioner Paluch opined the City should be better advised to what is required by the State of Illinois, further opining this sets a dangerous precedent and expressing her disappointment.

Commissioner Horrell stated he is very disappointed with the Council’s decision as well.

Mr. Napolitano stated because the easement language was open-ended, describing this further, the City Council was concerned. He noted the City probably would not be a party to such an agreement today, but rather would turn to an organization such as The Land Conservancy.

Commissioner Horrell stated there was an arborist’s report that found 13 healthy trees, opining there was not any confusion.

Chairman Sheriff agreed the City would not allow itself to be put in this position today.

Noting there are two parcels adjacent to each other, which are not part of the same HOA, Commissioner Paluch stated in this instance this matter could not be turned over to a HOA. She opined the fact that there are two conflicting HOAs is why this matter was put into the City’s hands. She further opined when it was put in place, it was with the understanding it would be the City’s job to step in and cautioned when looking at a proposed development with a conservation easement, the City should be aware of how this is phrased so it is not approved on a conceptual basis. She opined the City should not think there will be mechanisms in place in the future unless they are clearly defined.

5. ADJOURN

Motion by D. Paluch, second by D. Fortin, to adjourn this meeting of the Plan Commission to the next regular meeting at 7:00 PM on Thursday, March 18, 2021. Ayes: D. Fortin, S. Gavers, R. Horrell, D. Paluch, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: D. Besler, D. Casner, A. Flores, and J. Speciale. Motion carried.

The meeting was adjourned at 8:18 PM.

https://www.woodstockil.gov/sites/default/files/fileattachments/plan_commission/meeting/43671/f_-_02-18-21_plan_commission_minutes_-_part_1_of_1.pdf