McHenry Times

City of Harvard Planning & Zoning Commission met May 3.

Here are the minutes provided by the commission:

Community Development Director Santeler, acting as hearing officer, called the meeting to order at 7:00 pm. City Clerk Moller called roll to establish a quorum. Commission members present: Steve Creviston, Tom Condon, Mike Grieshop, Ian McCafferty and J Albertson. Commissioners Jim Carbonetti and Jim Hutchinson were absent. Also present were Alderwoman Haderlein, Alderman Jay Schulz, City Administrator David Nelson and members of the audience.

Public Comment

Community Development Director Santeler opened the floor to public comment for any item not on the agenda. There was none.

Evonne Bruce, 1209 3rd St., Harvard was identified as an objector and noted increased congestion on the corner. She noted other neighbors who did not receive the notice of hearing. Evonne will further comment during the objector portion of the hearing.

Planning and Zoning Commission Minutes of April 5, 2022 – Approved

A motion was made by Commissioner Condon, seconded by Commissioner Creviston to accept the minutes of the Planning and Zoning Commission Meeting of April 5, 2022, as presented. All ayes. Motion carried.

Tomasz Zawierta & City of Harvard - Conditional Use Self-Storage & Outside Storage Community Development Director Santeler opened the hearing in the petition submitted by Tomasz Zawierta, 1901 Baldwin Rd., Inverness, IL 60067 (Petitioner) and the City of Harvard, 201 W. Diggins St., Harvard, IL 60033 (Property Owner). The petitioner is seeking a conditional use pursuant to Table 8- 1 of the Unified Development Ordinance (UDO) to utilize the subject property for a series of self-storage buildings as well as outside storage. Subject property is a vacant parcel located in Chemung Township and is located on the west side of North Division, north of Northfield Ave., with frontage on North Division and Northfield Ave. PIN 01-26-451-026

The parties of interest were present. The Notice of Hearing was published per statutory requirements in the Northwest Herald. The Certificate of Publication, completed petition and staff report were entered into the record. Certified notices were sent to property owners within 250’ of the subject property relative to the requested conditional use.

Presentation of Evidence by Petitioners

Attorney Craig S. Krandel, Timm & Garfinkel, Crystal Lake, IL 60014 was present on behalf of the petitioner, Tomasz Zawierta, who is the contract purchaser for a vacant parcel located at the corner of Northfield Ave. and Highway 14. The parcel is currently owned by the City of Harvard. Attorney Krandel reviewed the petition seeking a conditional use to utilize the subject property for inside and outside storage. Attorney Krandel indicated that the submitted drawing is a first draft rendering which hasn’t taken into account any appropriate setbacks, so the buildings as shown will be adjusted as they go through the engineering process. The petitioners currently have a similar storage facility in Ringwood. The use will not endanger the public health, safety or welfare. He addressed the neighbor’s issue potentially with traffic. The property is currently zoned B-2 and by right there are a number of different types of uses that could be allowed on the site. The amount of traffic coming in and out for the proposed use would not be any more significant than other uses and because of the type of use that is proposed, there won’t be regular use with a continuous traffic situation. The use is compatible with the general land uses in the area. The UDO requires this specific type of use to be a conditional use which requires additional review. Attorney Krandel felt that the proposed location is consistent with the spirit of the ordinance and would allow for this type of commercial use. Notices were sent to property owners within a certain distance by the City of Harvard. The Notice of Hearing was also published. The petitioner is not seeking any variances at this particular time. The intent is to secure the necessary zoning and then proceed with the process relating to engineering and design.

Questions/Discussion by Planning and Zoning Commissioners to Petitioners

Community Development Director Santeler opened the floor to questions/comments from the Commissioners.

• Commissioner Albertson inquired what the distance was between the buildings. Upon being sworn in, Mr. Zawierta said the distance will probably be greater than City code which is 25’ to allow people to drive in between the buildings.

• At Commissioner Condon’s inquiry, Attorney Krandel noted that the parking area as shown on the site plan is actually the area for outdoor storage. Commissioner Condon inquired if the retention pond is right up against the sidewalk on Northfield Ave. The petitioner said they will be redesigning the existing pond which is overgrown in that location. It will also be fenced per the UDO. It was clarified that it is a detention pond, not a retention pond. Commissioner Grieshop noted drainage issues would be for the engineers to determine. Attorney Krandel stated the site plan is the first rendering which is basically just a concept plan that has not been reviewed for distances and doesn’t take into account any setbacks.

• Commissioner McCafferty inquired how the petitioner would address possible contaminants from vehicles that leak oil that would go into the detention pond. The petitioner said they would check the property every day like he does with their existing property to make sure there is no issue. If there is an issue either inside or outside, they call the people and then clean it up. The petitioner and his wife will run the facility and will not hire outside management. Commissioner McCafferty indicated that the outside storage could also be kind of an eyesore.

• The petitioner will only use one entrance. The cross-access point is with Dollar General. • There will be a gated keypad entrance for customers.

• Vacant land to the north is zoned B-2 and is owned by Doug Mackenzie; his property has an entrance off of Route 14.

• There was discussion as to the proposed location of the detention pond. Community Development Director Santeler related there will be a 6’ privacy fence, at minimum, around the detention pond and any pond will also have a 10’ safety shelf. Engineering standards and sound practices will dictate if there are any issues.

• Community Development Santeler inquired if the petitioner would entertain storing semi-trucks and contractors equipment on a daily basis which would be a noise issue. The petitioner said his expectation for outside storage was boats, cars and RV’s.

Identification of Objectors/Supporters/Witnesses/Audience Participation

Community Development Director Santeler opened the floor to objectors/supporters from the audience.

Upon being sworn in, Evonne Bruce, 1209 3rd St., addressed the Planning and Zoning Commission and stated she was not in favor of the petition. She reviewed her objections to the proposed petition. Areas of concern were safety for children walking on Northfield Ave., congestion in general, maintenance of Northfield Ave., the use would be an eyesore in the area and the proposed use could affect property values with homes losing value.

Alderman Jay Schulz asked for clarification that the only entrance for customers would be off Route 14. Attorney Krandel stated that the petitioner is not looking for any access onto Northfield Ave.

Alderwoman Lisa Haderlein pointed out that the petitioners may need a larger detention area than what is shown on the site plan based on the proposed impervious surface compared to the calculations listed in in the UDO. The City has also adopted the McHenry County Stormwater Ordinance requirements.

Community Development Director Santeler asked for any additional comments from the audience There were none.

Additional Comments from Planning/Zoning Commission

Commissioner Albertson recommended that a condition be added that the only ingress/egress be off of Route 14. There was additional discussion relating to the amount of traffic on Route 14.

Closing Argument

Attorney Krandel stated that the petitioner does not intend to have any access onto Northfield Ave. As part of security, you want to make sure everyone goes in and out the same way and that was the intent of the design.

A motion was made by Commissioner Albertson, seconded by Commissioner Grieshop to recommend to the City Council to approve the petitioner’s request for a conditional use to utilize the subject property for a series of self-storage buildings as well as outside storage, with the condition that the only ingress/egress is off of Route 14. Roll call vote: Condon, aye; Grieshop, aye; McCafferty, no; Creviston, aye and Albertson, aye. Motion approved four to one.

The Planning & Zoning Commission’s recommendation will come before the City Council at their meeting on May 24, 2022, at 7 pm, to be held in the Community Hall. The petitioner was advised to be in attendance to address any questions the City Council might have.

At 7:36 pm, a motion was made by Commissioner Creviston, seconded by Commissioner Albertson to close the hearing. All ayes. Motion carried.

Clerk’s Report

The filing deadline for the submission of Economic Interest Statements is May 1st.

Chairman’s Report

No report.

At 7:40 pm, a motion was made by Commissioner Condon, seconded by Commissioner McCafferty to adjourn the meeting. All ayes. Motion carried.