McHenry Times

City of Woodstock Plan Commission met April 20.

Here are the minutes provided by the commission:

A regular meeting of the Woodstock Plan Commission was called to order by Chairman Cody Sheriff at 7:00 PM on Thursday, April 20, 2023, in the Council Chambers at Woodstock City Hall.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT: Steve Gavers, Doreen Paluch, Richard Ryan, Jackie Speciale, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Arturo Flores and Rick Bellairs.

STAFF PRESENT: Building and Zoning Director/Staff Liaison Joe Napolitano, City Attorney TJ Clifton, Executive Director of Operations Christina Betz, Economic Development Director Garrett Anderson, City Planner Darrell Moore, and City Clerk Cindy Smiley.

APPROVAL OF AGENDA

Motion by D. Paluch, second by J. Speciale, to approve the Agenda as presented.

Ayes: S. Gavers, D. Paluch, R. Ryan, J. Speciale, and Chairman C. Sheriff. Nays: none. Abstentions: none. Absentees: A. Flores and R. Bellairs. Motion carried.

ACCEPTANCE OF MINUTES

Motion by J. Speciale, second by D. Paluch, to accept the minutes of the March 16, 2023, Plan Commission meeting as presented.

A roll call vote was taken. Ayes: S. Gavers, D. Paluch, R. Ryan, J. Speciale, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: A. Flores and R. Bellairs. Motion carried.

1. PUBLIC COMMENTS

There were no comments forthcoming from the Public.

2, OLD BUSINESS

There was no Old Business

3. NEW BUSINESS

a) Public Hearing – Special Use Permit to allow a Cannabis Dispensing Organization at 1411 S. Eastwood Drive. Petitioner: Project Lincoln, LLC.

Chairman Sheriff identified the subject of the Public Hearing.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT: Steve Gavers, Doreen Paluch, Richard Ryan, Jackie Speciale, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Arturo Flores and Rick Bellairs.

Chairman Sheriff noted the presence of a quorum. Mr. Napolitano confirmed the Public Hearing was properly noticed.

The Public Hearing was opened at 7:03 PM.

Lance Shelzi, Architect appearing on behalf of the petitioner, was sworn in by Chairman Sheriff.

Noting there is already an infuser lab on the property, Mr. Shelzi stated the petitioner now wishes to place a 2,000sf dispensary further back from the original building with minimal visibility. He stated the proposal is to make the new building compatible with the existing building, describing what will be located in the building. Reminding the Commission of the landscape design plan provided for the previous building, he stated the proposal is for the landscape plan for the new building to coordinate with that, so it is one continuous piece. Mr. Shelzi stated there is no issue with parking, noting the area currently being used is an impervious surface.

Chairman Sheriff asked for the Staff Report.

Mr. Napolitano reminded those present of the history of this project, stating the petitioner now wishes to proceed with the dispensary. He stated Staff believes this is an appropriate location for the building on the site and believes it will fit in with the existing neighborhood. He stated Staff is pleased with the landscape plan. Mr. Napolitano stated the petitioner is required to meet all requirements for security and must present a security plan to the State Police. He noted Staff is recommending as a condition of approval that the City be provided with a copy of this plan. He stated Staff has no concerns.

The floor was opened to Commission questions.

Michael Leuzzi of Project Lincoln was sworn in by Chairman Sheriff.

In response to Commissioner Speciale’s questions, Mr. Leuzzi stated it is hoped to begin construction this year. He stated they do not have a license at this time, but are in the process of purchasing one.

In response to comments and questions from Commissioner Ryan recommending the building be more aesthetically compatible with the existing building, Mr. Shelzi noted the new building is already compatible, using the same brick. This was confirmed by Mr. Napolitano.

There were no comments forthcoming from other members of the Commission. The floor was opened for Public comment.

There were no comments forthcoming from the Public.

The floor was opened for Plan Commission discussion.

Chairman Sheriff stated he has no issue with this request, noting he is happy to have the business here. He stated the approval criteria for a Special Use Permit have been met as outlined in the Staff report.

Commissioner Paluch agreed. There was no further discussion.

Motion by D. Paluch, second by J. Speciale, to recommend that a Special Use Permit be approved to allow a Cannabis Dispensing Organization on the Subject Property, in substantial accordance with the plans submitted, and subject to the following conditions:

1) Prior to occupancy, the petitioner shall provide a copy of their State of Illinois issued Cannabis Dispensing Organization license to verify that all applicable requirements of the Illinois Cannabis Act have been met; and

2) All items relating to Stormwater/engineering requirements shall be met to the satisfaction of the City Engineer.

Noting with the above conditions, the request meets the approval criteria listed in Sections 4.4.7 of the Unified Development Ordinance, in accordance with the findings included in the Staff Report.

A roll call vote was taken. Ayes: S. Gavers, D. Paluch, R. Ryan, J. Speciale, and Chairman C. Sheriff. Nays: none. Abstentions: none. Absentees: A. Flores and R. Bellairs. Motion carried.

The Public Hearing was closed at 7:14 PM.

b) Public Hearing – Special Use Permit for a Planned Unit Development to allow a Preliminary PUD for a Mixed-Use Development on the property at Wheeler, Clay and First Streets. Petitioner: CHR, LLC

Chairman Sheriff identified the subject of the Public Hearing.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT: Steve Gavers, Doreen Paluch, Richard Ryan, Jackie Speciale, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Arturo Flores and Rick Bellairs.

Chairman Sheriff noted the presence of a quorum. Mr. Napolitano confirmed the Public Hearing was properly noticed.

The Public Hearing was opened at 7:16 PM.

Steven Sandholtz was sworn in by Chairman Sheriff.

Mr. Sandholtz provided an overview of the site plan, noting they are proposing a three-phase project. He stated the first phase is a senior apartment building with 70, age-restricted units; the second phase consists of an assisted living/memory care facility; and the third phase would be a 150-unit multifamily building with ground floor retail/commercial and a public parking garage. He noted the parking garage would replace the Metra parking and also provide additional parking, explaining in more detail.

Chairman Sheriff requested the City Staff review the details included within their report.

Mr. Napolitano stated City Staff has been working with Chicago Hubs Realty (CHR) for some time, noting the City is pleased and excited to have reached this point and is eager to move forward. He stated Staff feels this proposal is appropriate for this area and will bring jobs and excellent housing opportunities. He stated it is felt the parking garage will be a tremendous asset to the entire Downtown area.

Mr. Napolitano noted this is still in the conceptual phase with a request for approval regarding a Special Use Permit (SUP)/Planned Unit Development (PUD) and will have to come back to the Plan Commission and City Council for each Phase with more detail on each of the elements. He stated it is anticipated this will be a multi-family, dense, somewhat urban setting with increased traffic. Mr. Napolitano stated Staff proposes to continue to work with the developer to maximize parking and minimize traffic in the area,

and recommends approval.

The floor was opened for Commission questions.

In response to Commissioner Speciale’s questions, Mr. Sandholtz provided background on CHR, noting their contract with UP to acquire a number of sites along their lines leading them to search for sites. He stated in meeting with Staff and learning of the City’s goals for the Die Cast site, they felt it would be a good fit to offer this type of development in an ideal location. He stated they did a market analysis, which found their product is needed in this area, and believe it is a viable project.

Mr. Sandholtz stated they are working on design plans for the senior apartments and have applied for tax credits and secured a grant from McHenry County so this will be Phase 1, breaking ground within the next 12 months. He noted they are pursuing HUD financing for the independent living/memory care facility, which is a very slow process, with the timetable for this phase being 24 months out. Noting Phase 3 has the greatest infrastructure requirement because of the parking garage, Mr. Sandholtz stated they have been in discussions with the City regarding use of TIF funds, noting Phases 1 and 2 can generate these funds. He opined this Phase will probably start three years out.

In response to questions from Commissioner Speciale regarding any impact on stormwater, Mr. Napolitano stated the petitioner has submitted preliminary engineering, which is being reviewed so any recommendation would be subject to the comments of the City Engineer. He noted the infrastructure was put in place when the original development was planned, stating there will be some additional stormwater

requirements, which are included in the plans. Mr. Napolitano stated Staff is evaluating these things, but feel the system will handle this.

Noting Phase 1 is an age-restricted facility, Commissioner Gavers asked about the impact of the sound from the passing trains on that population. Mr. Sandholtz stated they will provide careful sound mitigation.

In response to Commissioner Gavers’ question regarding opening up a new railroad crossing to replace that which was closed, Mr. Napolitano stated it would be virtually impossible to get a new railroad crossing added.

Commissioner Gavers stated there are times when parking cannot be found in the Metra lot as it is full. Noting all the businesses in this area, he asked what the plan is for parking, opining the proposal does not offer enough. Mr. Napolitano provided information on proposed parking, noting it will be provided in various areas, including a parking garage. He confirmed this parking will offset any parking that is lost, stating the City has requested there be at least 130 spaces available for Metra and the public.

Commissioner Gavers stated he likes the building, but is concerned about parking.

Commissioner Paluch asked if there is really a need for the assisted living/memory care and senior living pieces. Mr. Sandholtz stated there is a virtually unlimited demand, opining these will spur a turnover from housing for a different demographic in the community. He stated CHR has no concern relative to demand.

Noting the need is now with the baby boomers, Commissioner Paluch questioned the demand for these type of buildings 25 years in the future, asking if the buildings are suitable for the general population. Mr. Sandholtz noted CHR is a senior-housing company and has done market studies, which suggest there is and will be a demand. He noted they are looking at this as a project with a 10-to-20-mile radius, opining there is a demand. He stated the senior-living building would be suitable for any type of multi-family housing. He stated they are committed to the project, having developed a not-for-profit foundation to ensure its future. Commissioner Paluch opined it is difficult to say who will own the buildings in the future and asked about CHR’s obligation to maintain ownership. Mr. Sandholtz stated he cannot imagine it will ever be owned by another entity. He stated the memory care/assisted living building is not owned by the not-for-profit.

Aaron Holverson, Studio GWA, was sworn in by Chairman Sheriff.

Mr. Holverson replied to the questions regarding ownership, explaining the joint venture nature of CHR and noting they are all family-based companies which expect to be active in their developments for a very long time. Regarding demand, Mr. Holverson stated the effects of the baby boomer generation will reach peak demand in 2050. He stated at that point the next generation will take over, noting it is as large as the baby boomer generation, but has a longer life expectancy. He stated most view the market as getting larger for a long time, so it is CHR’s belief that there is a tremendous demand. Mr. Holverson stated it is difficult to replace care for the elderly with technology, so they do not foresee this use going away.

Commissioner Paluch expressed concerns about placing senior housing by the railroad tracks, asking about safety issues, including with a five-story building in an emergency. Mr. Sandholtz stated they have built similar communities in many noisy locations and found this to be manageable.

Heidi Wang, GWA Architects, was sworn in by Chairman Sheriff.

Regarding the concern with sound, Ms. Wang noted the memory care facility will be financed by HUD, which has strict requirements including for this. She stated a sound study was conducted and provided information on the mitigation efforts required by HUD.

Noting they specialize in senior design, including for safety, Ms. Wang stated they are very mindful of resident security and safety. She stated all memory care will be located on the first floor as far away from the railroad tracks as possible. She stated any exterior doors will have special safety and security measures and any outdoor areas are not open to egress.

Mr. Sandholtz noted the senior apartment building is for independent living, opining people will be ambulatory.

Regarding parking, Commissioner Paluch stated the parking garage will be of benefit, but noted, if it is built, it will not be until Phase 3, opining there will already be parking issues in the area. Discussion ensued of the parking requirements for senior-living facilities, with Mr. Napolitano stating the requirement for multi-family was reduced in the Unified Development Ordinance (UDO). Mr. Sandholtz stated they have planned for .5 spaces per assisted living unit and noted the memory care residents do not drive. He stated the proximity to public transportation will be a big plus, noting they will have 80-100 employees over three shifts. Mr. Sandholtz stated the senior apartment parking ratio is 1:1, noting they are all surface level parking. He stated this results in enough parking.

Commissioner Paluch then turned to traffic concerns and the traffic study, asking for more information. Matt Irvin, CORE, was sworn in by Chairman Sheriff.

Mr. Irvin provided an explanation and more information on the traffic study included in the packet, noting it found there would be a negligible impact on the area. Commissioner Paluch questioned that conclusion asking for more information, with Mr. Irvin talking about how they did the traffic counts in peak areas at peak times, which were then projected out for the expected population growth and proposed uses.

Commissioner Paluch opined more traffic will go to the Church Street/Clay Street intersection which provides a difficult line of sight and is near the railroad tracks. She opined this will be a potentially dangerous intersection with more traffic, asking how this will be addressed. Mr. Irvin stated there will be stop sign controls, noting this is outside the proposed development and out of their control.

In response to Commissioner Paluch’s continued questioning about the Church/Clay intersection, Ms. Wang also noted this is off the site and out of their control and could be looked at by the City Engineer. Commissioner Paluch opined it is the development that would impact the intersection.

Mr. Sandholtz stated they have worked with Staff on the development and also had outreach with the neighbors, noting they have made changes to the orientation of the site to create good traffic flow and minimize the impact. He stated they cannot determine what happens off site and will be happy to continue to work with Staff.

Commissioner Paluch opined there is not a lot of open space, assuming this is in anticipation of the park site and opined there will be a lot of hard surface if it is not built. Mr. Sandholtz noted there are several areas of greenspace, showing a slide of the open spaces, opining they will make the site feel less dense. He stated this has not yet gone through the design process awaiting public input.

In response to Commissioner Paluch’s questions regarding drainage, Mr. Irvin described where it will go, including two new underground systems. He stated these issues will be handled per the stormwater amendment.

Commissioner Ryan questioned why underground parking is not being proposed for the buildings. Mr. Sandholtz stated they felt a parking garage would be needed in any case. In response to Commissioner Ryan’s concerns that resident parking will be uncovered, Mr. Sandholtz stated covered parking may be provided for the multi-family building. He stated underground parking is very expensive with a parking structure being more efficient. Mr. Napolitano noted the site is a former Brownfield site, stating underground parking could present a risk to the barrier covering any contamination. Commissioner Ryan opined it is undesirable to have senior parking outside with Mr. Sandholtz noting it would not be financially viable to include underground parking in an affordable housing project.

In response to a question from Commissioner Ryan, Mr. Sandholtz provided information on the amenities to be included in the various buildings.

Drew Maggelet was sworn in by Chairman Sheriff.

In response to Commissioner Ryan’s questions, Mr. Maggelet provided information on the proposed rents for the senior apartments, noting while per HUD they are allowed to be 60% of market rates, they do not anticipate setting them this high.

Commissioner Ryan stated the assisted living use is not promoting the future of Woodstock, opining Woodstock needs youth rather than senior facilities. He opined this should be located more toward the area of the hospital. He opined the proposed development is taking away an urban opportunity for the young lifestyle in this area, stating this does not make sense to him.

Chairman Sheriff opined it makes sense from a traffic perspective and does not concern him, noting senior housing will not have much car ownership. He opined the buildings have been located well to address traffic and accommodate a lot of parking. He stated he also does not see an issue in terms of the intensity of housing. Chairman Sheriff opined condos or townhomes would generate more traffic.

Chairman Sheriff opined the developers cannot solve any issues with the intersection of Church & Clay and noted there is no option for an additional railroad crossing. He opined, overall, this development is probably as good as it will get in terms of traffic.

He noted overall the development must meet engineering standards and the stormwater management ordinance and also must be in compliance with City ordinances, noting he has no objections with the request.

In response to a question from Chairman Sheriff, Mr. Moore stated the development is within the historic district. He stated it has come before the Historic Preservation Commission, noting it was favorably received regarding the architecture and buildings.

Commissioner Gavers expressed concern with seniors being located along the railroad tracks, noting sound and vibrations from the trains. He also urged the developer to be aware of the water levels in the area of the proposed underground detention.

Noting they are mindful of safety in their buildings, Mr. Sandholtz stated a safety barrier will be built to address the issue of safety of seniors.

Chairman Sheriff opened the floor to Public Comment.

Meg Ivers, representing the Brownstone Homeowners Association, was sworn in by Chairman Sheriff.

Ms. Ivers thanked the developer for reaching out to them. She noted the homeowners made some suggestions to the original master plan, describing them and noting nearly all were incorporated by the developer. She stated they look forward to working with the developer on the development. She stated they also strongly support Staff’s recommendation to continue to minimize traffic and parking issues.

Sue Zwierzycki, nearby resident, was sworn in by Chairman Sheriff.

Ms. Zwierzycki expressed concern about residents and employees parking on the streets and the effect this will have on El Niagara. She also expressed concern about seniors being located along the railroad tracks, noting the many people who cross the tracks now.

James Young, 808 Roger Road, was sworn in by Chairman Sheriff.

Noting this is a Preliminary Plat, Mr. Young stated the City would be obligated to move forward with it. He noted this does not have to be acted upon at this time and urged the Commission to wait.

Mr. Young provided information on the history of the development of this property. He opined the parking garage will not provide enough parking for existing residents if the Metra lot is lost to the development.

He also noted the engineering review has not been completed, drainage is still a question and wonders about the impact on the development from the Brownfield site. He suggested waiting until EPA approval comes through and questions are answered. He also questioned how the project will be financed, as all is not known about the TIF.

Noting the citizens of Woodstock own this property, not the developer, Mr. Young asked about the terms of acquisition and again suggested the Plan Commission put this on hold until all questions are answered.

Mr. Sandholtz stated they are working closely with City Staff on the development agreement and terms for the land. He stated their belief the development will generate TIF funds, noting they will use the TIF. He stated Phase 2 will generate TIF funds to help support the parking structure in Phase 3.

Stating he appreciates neighbors’ concerns, he confirmed that residents will park on Wheeler Street.

Mr. Sandholtz stated they do have a contract with Union Pacific and have not closed awaiting the outcome of this process, but do have the capability of obtaining additional UP right-of-way to support this project.

Chairman Sheriff noted traffic and stormwater must meet standards, the approval of which is not the purpose of the Plan Commission. He further noted it is also not the Commission’s purpose to review and approve TIF funding as that is up to the City Council.

Mr. Napolitano noted the existing Metra parking is not part of this project and is a separate project the City Council is exploring.

Noting the comments opining that the 1.1 parking requirement is not enough, Mr. Moore stated that is the City’s requirement. He noted this type of facility will appeal to many single individuals in one-bedroom apartments.

Mr. Napolitano noted this is a transit-oriented development appealing to people who work along the Metra line with no car. He stated he understands sound is a concern, but noted the many developments located right along the Metra line He stated the developer will take measures to mitigate the sound.

Chairman Sheriff opened the floor for Commission discussion.

Commissioner Speciale opined parking will always be a concern. She stated she likes that this is a mix of uses, with some needing normal parking and some not a lot. She stated she is not concerned with people living next to the railroad tracks, opining people will not choose to live there if this is of concern to them.

Commissioner Speciale stated she is trying to understand the impact the development will have on criteria B and D, noting she mostly feels they will not have an adverse impact. She opined the biggest impact will be along First Street, as this will be the greatest change. She noted the area in question was always intended to be densely populated, and opined the buildings and landscaping plan are good. She stated she is comfortable with the fact that there will be parking for employees who will not compete with public parking. She expressed support for the project, noting she is pleased the developer worked with the neighbors.

Commissioner Gavers stated he likes some aspects of the proposal, but that others are a grey area for him. He stated he has some concerns, but opined the developer understands these, noting they are willing to take on these responsibilities. He stated he still has some concerns, however.

Commissioner Paluch asked who would own and maintain the parking garage. Mr. Sandholtz stated that is being discussed as part of the Development Agreement, noting it probably would be jointly owned with stalls for the public and stalls for the residents. Chairman Sheriff opined there may be certain floors owned by the City and others owned by the developer.

Asking who will maintain the structure and who will have control of usage, Commissioner Paluch stated she is not sure how she feels about this.

Commissioner Paluch stated she appreciates the petitioner taking time to address her questions. She noted as a resident of Woodstock she has seen the evolution of this property, opining she questions what the full potential of this site is.

Commissioner Paluch stated the senior living and assisted living/memory care components in this location do not make sense to her, questioning whether they are appropriate for this location.

Commissioner Ryan agreed, opining this is a prime piece of property and once it goes away, it is lost. He stated from the standpoint of prosperity for Woodstock, he does not feel this is the best use.

Chairman Sheriff stated the Commission is supposed to be considering the approval standards, not whether it is the best use of the property. He provided information on what the considerations could be, urging the Commission to stay within the approval guidelines.

Commissioner Paluch stated she does have concerns regarding “public health, safety, morals, or general welfare of persons residing or working in the vicinity” pertaining to traffic, quoting from the standards/criteria. She stated she also has concerns about design, construction, operation, and maintenance as they pertain to open space.

Commissioner Gavers stated he does not feel the senior apartments is a good use for this area. He opined the assisted living/memory care building does not fit and he is not in favor of this. He also opined this development will not work with the brownstones. Stating he is not in favor of the proposal, Commissioner Gavers stated he does not like seniors being near the railroad tracks.

In response to Commissioner Paluch’s comments, Mr. Napolitano stated the development does meet with the City’s parking requirements.

Motion by D. Paluch, second by R. Ryan, to recommend denial of a Special Use Permit to allow a Preliminary Plat/Planned Unit Development for the subject property, in accordance with the plans submitted by the petitioner, noting the basis of the motion is that in regard to the Special Use and PUD criteria she believes there will be a substantial adverse effect to the adjacent property and infrastructure,

and a negative impact regarding open space as it does not provide significant open space. She stated she further believes for reasons stated earlier the special use would be detrimental to the public health, safety, morals, or general welfare of persons residing or working in the vicinity. She stated she believes the design, construction, operation, and maintenance, although a desirable proposal, lacks open space. She stated concerns about maintenance of the parking garage is weighing on her mind. She stated she has significant concern that traffic created will be detrimental to the public welfare, especially at the corner of Church and Clay Streets, noting while that is not within this site specifically, the location will be impacted.

Discussion ensued of the motion, with Chairman Sheriff asking if site plan changes could change the Commissioners’ minds. Commissioner Ryan stated probably not. Commissioner Speciale questioned the parking garage, opining the Commission is saying no because they don’t understand the parameters of the

garage. In response to her question, Chairman Sheriff stated when considering the Preliminary PUD, if the Commission says the use is acceptable for the area, when it comes back for final approval the Commission cannot deny it unless there were substantial changes to the site plan. In response to Commissioner Speciale’s comment that there are still a lot of questions, Chairman Sheriff stated those are addressed during final engineering and the development agreement, explaining this further.

A roll call vote was taken. Ayes: Chairman C. Sheriff. Nays: S. Gavers, D. Paluch, R. Ryan, and J. Speciale. Abstentions: none. Absentees: A. Flores and R. Bellairs. Motion carried 4-1.

The Public Hearing was closed at 8:57 PM.

4. DISCUSSION

Mr. Napolitano provided information on the Comprehensive Plan Visioning Session. He reviewed possible items for the May meeting.

5. ADJOURN

Motion by D. Paluch, second by S. Gavers, to adjourn this regular meeting of the Plan Commission to the next regular meeting at 7:00 PM on Thursday, May 18, 2023 in the Council Chambers at City Hall.

Ayes: S. Gavers, D. Paluch, R. Ryan, J. Speciale, and Chairman C. Sheriff. Nays: none. Abstentions: none. Absentees: A. Flores and R. Bellairs. Motion carried.

The meeting was adjourned at 9:02 PM.

https://www.woodstockil.gov/sites/default/files/fileattachments/plan_commission/meeting/46601/plan_commission_minutes_4-20-23.pdf