McHenry Times

City of McHenry Planning & Zoning Commission met June 15.

Here are the minutes provided by the commission:

Chairwoman Rockweiler called the regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Rockweiler, Sobotta, and Lehman. Absent: Davis, Smale, Riley. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky and Deputy City Clerk Johnson.

Approval of the Agenda:

A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to approve the agenda as presented.

Voice Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0- abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.

Public Input

No members of the public offered any public input.

Approval of Minutes:

Consideration of the May 18, 2022, regular meeting minutes as presented. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer for approval.

Voice Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0- abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.

File No. Z-2022-09

Petitioner: Cunat Inc, of 5400 W Elm Street, McHenry, IL 60050

Zoning Map Amendment to RM-2 High-Density Multifamily Residential District, a Conditional Use Permit for a Preliminary Planned Unit Development, and Preliminary Plat of Subdivision for the Residences of Fox Meadows Multifamily Development on the northeast corner of IL 31 and Veterans Parkway

Chairwoman Rockweiler called the hearing to order at 7:04 p.m. City Planner Cody Sheriff reported that all legal posting requirements have been met.

John Cunat was present and sworn in. He explained that they were present at the previous meeting and were given direction by Staff and the Commission to make some alterations to the landscaping and layout. A landscape architect was hired, and their drawings should be in front of the Commission. It is believed that all requests were handled with the exception of the berm on Route 31. The berm shown would go into the easement for the Route 31 widening project.

Cunat is hoping to work with Staff to rearrange the berms and make smaller ones in certain locations. The State has a rule that nothing should start within 10 feet of the easement. If there are areas that are too narrow, it is proposed by the developer that a white vinyl fence be used similar to that on Curran Road. The developer is happy to work with Staff to do whatever they feel is necessary. Updated drawings also show brick and siding on the garages. The contractor is willing to break up the garages by having half of the doors facing one way and the other half facing the opposite on the longer single runs.

Planner Sheriff reviewed his Staff report. He explained that the developer has provided a landscape plan provided by a landscape architect. He addressed and outlined the changes made. A multi-use path was also included in the updated design. The landscape screening along the north property line identified the trees for preservation. The fencing was eliminated, but the landscape buffer along Route 31 has a berm in the right-of-way. The height of the berm is also not identified. The landscape screening on the northeast and the east was identified in the plan, and it appears to be improved or added at the school area. Overall Staff is satisfied with the landscape plan. The Alexander Leigh Center for Autism has requested the addition of an aluminum style fence along their bordering property line. The fence is not required by ordinance and the Commission must decide what style of fence, if any, is acceptable. Landscaping was also added near the garages. Changes to the playground area were also noted on the updated plan. A crosswalk could be added to the eastern most part of the development, and a leftover sidewalk was shown in the landscape plan, although that is probably just an oversight. The required recreation area has been exceeded with the updated plan.

Chairwoman Rockweiler asked Mr. Cunat which courts remained on the plan. He explained that the tennis court was removed and there are now two basketball courts. The dog park was also removed for an open play area and walking path. Commissioner Sobotta asked for clarification regarding the traffic signal. Planner Sheriff explained that a letter of credit will be secured to pay for the installation of a traffic signal once it is warranted by the State. He also asked about the number of units and estimated total people living in the development. The 540 units is expected to house about 700 people.

Commissioner Rockweiler stated that her main concern is the berm on Route 31. She asked if the garage could be taken out so that more room is available to construct the berm. Mr. Cunat explained his plan would be to put a berm on both sides of the garage with a fence in between and behind the garage. Director Polerecky explained that without an engineer, there would be no way to tell what the berm would look like or how high it could be. A certain amount of area is needed to make the proper slope possible on both sides. Mr. Cunat explained that taking out the garages is difficult because there is a big demand for those. They want the residents to have the most comfortable lifestyle possible. Commissioner Rockweiler explained that she visited the other properties in Woodstock and felt that they were cramped, and that she still is not in favor of having a large number of garages.

Commissioner Sobotta asked why this area was chosen for a development. He believes that the land along Route 31 should be left for commercial development and that the City should not use that prime area for housing.

Chairwoman Rockweiler opened up the public hearing at 7:31 p.m. Jack Jablonski was sworn in prior to giving his testimony. Mr. Jablonski gave his story of issues they have had with the Cunat developers in Patriot Estates. He detailed the number of problems they and their neighbors have had with their new homes that were not addressed by Cunat. He warned the City against allowing these developers to build again in McHenry.

Brigid Sterwerf was sworn in prior to giving her testimony. She expressed the need for fencing around the school area, and she is hopeful that this will come up in the discussions if an agreement is reached between Cunat and the City.

Dan Shepard was sworn in prior to giving his testimony. He explained that he is a surviving partner of this venture. He has been involved with the project from its inception. This was originally built for commercial in the front and marketed for several years. Five years ago he met with the City and came up with a multi-family plan.

Joe Napolitano was sworn in prior to giving his testimony. He offered negative views of Cunat Inc from his experience with his new home.

Chairwoman Rockweiler closed the public hearing at 7:46 p.m. There was no response by Mr. Cunat from the public testimony.

Commissioner Rockweiler asked Mr. Cunat what his plans were for a fence near the school. Mr. Cunat explained that they had no plans. Mr. Sheriff met with the school to see what they requested, and their board didn’t get an answer back in time to have a fence incorporated into the updated plans. He would be happy to work with the school and the City to get a fence installed, but does not believe the aluminum fence depicted in the picture would accomplish what they were wanting. It was his understanding that a fence was requested to visibly shield the residents and the attendees of the school. The aluminum fence appears to be just for looks and does serve the function they need. Mr. Cunat suggested a white vinyl fence should be used, but he is willing to work with the City.

Commissioner Bremer asked how the issue with the berm could be incorporated into a motion. Director Polerecky explained that staff could work with the developer to fix this issue and that this could be approved in the preliminary plan. The final plan and approval would go before the Council.

Commissioner Lehman explained that he doesn’t have a problem with the berm area in the plan because the garage is acting as a screening. He believes everything else has been addressed and he likes the way they swapped the playgrounds and got rid of the dog park. Shortening the garages and adding landscaping next to the garages was helpful.

Commissioner Sobotta asked Staff why this was zoned for commercial or industrial but now we are allowing residential. He warns that the City and Commission should be looking out for the long-term vision of what is best for residents and the City. He is also concerned about the impact to the schools.

Commissioner Rockweiler suggested that the Commission should not vote on the issue at this meeting and wait until all members could be present. She also would like to see the fence near the school be put into the plan, and the issue with the berm on Route 31 be resolved by the next meeting.

A motion was made by Commissioner Bremer and seconded by Commissioner Sobotta to continue the hearing to July 20, 2022. Roll Call Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0-abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.

A recess was taken at 8:19 p.m., and the meeting was reconvened at 8:28 p.m.

File No. Z-2022-16

Petitioner: Dyn McHenry Commons LLC of 6801 Spring Creek Road, Rockford, IL 61114

Preliminary Plan Approval of a Conditional Use Permit to allow a Mixed Use Commercial Planned Unit Development at 1900-2078 N Richmond Road

Chairwoman Rockweiler called the hearing to order at 8:28 p.m. City Planner Cody Sheriff reported that all legal posting requirements have been met.

Todd Wallace was sworn in by Chairwoman Rockweiler. Mr. Wallace explained that he is the VP of Commercial Development with the First Midwest Group. The company is privately owned and vertically integrated. They own properties throughout northern Illinois. Their strategy is to buy, build, and keep. Of the last 160 properties that they have developed, they have only sold four of them. Their company purchased the property north of the vacant Kmart six years ago. Over that time they have invested quite a bit of money in McHenry. They paved the parking lot, updated the sign, and fixed the roof. The big problem they are dealing with is the 120,000 square foot box that is the former Kmart. Many businesses don’t want to move to their location because of the empty building they would be next to. They have been given a small window of time to purchase the property and want to invest and rehab the building. They want retail and out-lots to make it a vibrant center.

Mr. Wallace showed a similar development that was done by their company in Loves Park. He showed the improvements that were made, the out-lots that were built, and how the storage facility there worked into the plan to make it all feasible. They would like to do something similar here in McHenry. The McHenry plan was shown and explained. He noted that they would love to do all retail but they need a backup plan of storage to be able to afford the development of the out-lots.

They propose to straighten the curve going to Route 31 so that there would be room for an additional out-lot on the northwest corner. The southernmost part of the former Kmart building would be retail, and the middle portion of the building would be used for storage. He explained that there is a major grade change issue with that building and there is no way to break up the middle area for smaller retail stores. Although they would love to have retail in the entire building, they need to have storage as a backup plan to make money. They would be instantly on the hook for about $3 million for a new roof, HVAC, parking lot paving, and for maintenance. They are willing to delay the building of storage for six months to see if they can get a retailer in that space.

Planner Sheriff reviewed his Staff report. He stated the most important thing to note is that with the current position of the property, there are four separate entities that own on that site. Before constructing any out-lots, approval would have to be given from Mattress Firm and McDonalds. They could put restrictions on what would be built or put into the out-lots. As a planned unit development, this should also have an innovative and creative design. The Hobby Lobby area has a nonconforming parking lot, and Staff would like that updated. The sidewalks on Route 31 also need to be connected to the buildings. The latest submittal shows the sidewalk on McCullom Lake Road removed, and Staff would like to see that as part of the development. Staff is also concerned that this would be the third business at the same corner with having retail space converted into storage. It is hopeful that economic development incentives can get retail to come to that area.

Commissioner Sobotta asked if anybody knew the exact restrictions that have been put on by McDonalds or Mattress Firm. Planner Sheriff brought up a map of the area to show who owned what property. Because the parking areas are common areas, a signoff of the other owners would be needed.

Commissioner Bremer asked why there is only a 45-day window for the purchase to go through. Mr. Wallace explained that they have asked for an extension because the next Council meeting is not until July. They have not yet received a response. The seller has been difficult to deal with. Chairwoman Rockweiler asked how they planned to work around the out-lot restrictions. Mr. Wallace stated that they have a relationship with McDonalds and they have contacts with numerous retailers and restaurants to bring in businesses that would be acceptable. Chariwoman Rockweiler asked if they would be opposed to building the out-lots first before any storage went into the retail area. Mr. Wallace explained that this would not be economically possible.

Chairwoman Rockweiler opened the public hearing portion of the meeting at 9:22 p.m. Steven Schwartz was sworn in before giving his testimony. He explained he was the developer owner of the former Target/Stock & Field building. They are in the process of building their storage facility at that location. They plan to have 700 units. They have brought in Popeyes, the urgent care center, and another out-lot business will soon follow. He feels that there is no other site in the country with three storage facilities across from one another. He does not believe the plan presented is possible and that it takes time and patience to get the area fully developed. He also believes it is possible to redevelop the area with nicer looking retail without having to add another storage facility.

Chairwoman Rockweiler closed the public comment period at 9:34 p.m.

Mr. Wallace agreed with Mr. Schwartz that all retail would be the ideal situation. He would love to do retail, a nice glass front, and something inviting. However, they need the storage facility as a backup option. Without a guaranteed retail business to go into the location, there is no way they can put money into the building. They are open to developing an out-lot in a shorter amount of time if needed but must have storage as a backup plan. Commissioner Sheriff explained that the biggest fear from Staff is that a storage facility gets built but no out-lots get developed. That situation happened at U-Haul. Director Polerecky stated that the economic incentive package still has to be negotiated, and the program is not yet complete. He would hate for the City to rush into an agreement and have the City miss another opportunity.

Chairwoman Rockweiler explained that she does not like the timing of the project. She doesn’t feel we have enough facts yet and would hate to approve something with too many unknowns. Although the developer is in a time crunch situation, that does not mean that the City should rush to make a decision. Commissioner Lehman agreed with Chairwoman Rockweiler’s assessment. He would like to lengthen the time that the developer would have to make a storage facility. Commissioner Sobotta likes the vision of the development but wants more concrete proof of what could happen. Within the recommended motion, it is stated that three commercial out-lots would be constructed prior to the issuance of a Certificate of Occupancy for the requested storage facility. Mr. Wallace stated that they would not be able to agree to have all of the out-lots built prior to storage being built.

A motion was made by Commissioner Sobotta and seconded by Commissioner Lehman to recommend approval of the petitioner’s request for a Conditional Use Permit to allow a mixed use commercial Preliminary Planned Unit Development at 1900-2078 N Richmond Road subject to the following conditions:

1. The Subject Property shall be granted approval to operate one (1) Self-Storage Facility.

2. The Self-Storage Facility shall be restricted to the area identified in the revised concept plan.

3. The Property Owner shall construct the three commercial out-lots depicted in the submitted concept plan fronting N. Richmond Road prior to the issuance of a Certificate of Occupancy for the requested Self-Storage Facility.

4. The Property Owner shall add stripped pedestrian crosswalks at all ingress/egress locations along McCullom Lake Road and N. Richmond Road as well as provide additional sidewalk connections from said ingress/egress locations on N. Richmond Road to the site.

5. The Property Owner shall construct all pedestrian improvements identified in the submitted concept plan including sidewalk, and stripped crosswalks along all ingress/egress point along Richmond Road and McCullom Lake Road, prior to issuing a Certificate of Occupancy for the requested Self-Storage Facility.

6. The Property Owner shall provide additional sidewalk connections and improved internal pedestrian circulation to be reviewed and approved at the discretion of the Zoning Administrator.

7. The Subject Property shall be granted approval to allow drive-thru uses subject to administrative review by the Staff Plat Review Committee who may approve, approve with conditions, or deny the request and refer back to the Planning & Zoning Commission and City Council.

8. All parking relief requested by future tenants in the development area shall be reviewed by the Zoning Administrator who may approve, approve with conditions, or deny the request and refer back to the Planning & Zoning Commission and City Council.

9. The petitioner shall submit a revised landscape plan to incorporate additional landscape plantings to break up areas with large expanses of wall, and additional landscaped parking end islands to the existing parking areas to be approved at the discretion of the Zoning Administrator.

10. All development on the Subject Property shall be in substantial conformance with the City’s Landscaping & Screening Ordinance to the greatest extent possible as determined by the Zoning Administrator.

AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses & Standards for Planned Unit Developments have been met as outlined in the agenda supplement.

Roll Call Vote: 3-ayes: Commissioners Bremer, Sobotta, and Lehman. 1-nay: Chairwoman Rockweiler; 0-abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried. Chairwoman Rockweiler stated that she voted no because the comprehensive plan calls for an innovative and creative approach to the development of land, and too many storage units in one area does not fit the needs of the community.

The hearing was closed at 10:00 p.m.

File No. Z-2022-15

Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050

Various Zoning Text Amendments to the City of McHenry Zoning Ordinance

Planner Sheriff reported that there will be text amendments to update the parking ordinance, but the City is not yet ready to move forward on that. He requests that the hearing be continued until the next meeting.

A motion was made by Commissioner Bremer and seconded by Commissioner Sobotta to continue the hearing for File No. Z-2002-15 until the July 20, 2022, meeting. Voice Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0-abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.

Open Discussion:

There was no open discussion.

Staff Report: The next meeting is Wednesday, July 20, 2022. The previously explained text amendments will be coming forward along with possible amendments to car wash uses. The Munson Marine issue should also appear at the next meeting. Staff has met with Lennar about the possible development of single family homes near Draper Road, but no formal application has been received.

Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Sobotta to adjourn the meeting at 10:05 p.m.

Voice Vote: 4-ayes: Commissioners Bremer, Rockweiler, Sobotta, and Lehman. 0-nay; 0- abstained; 3-absent: Commissioners Davis, Smale, and Riley. Motion Carried.

https://cms8.revize.com/revize/mchenryil/Document_Center/BoardDocs/Planning%20&%20Zoning/P&Z%20Minutes%206-15-22.pdf