HomeMy WebLinkAboutMinutes - 1/15/2001 - Zoning Board of Appeals CITY OF MCHENRY
JANUARY 15, 2001
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IN THE MATTER OF THE APPLICATION OF )
MCHENRY SAVINGS BANK FOR ) Z-518
RECLASSIFICATION,CONDITIONAL USE ) McHenry Savings Bank
PERMIT AND VARIANCE, PURSUANT TO ) South Route 31
THE ZOI�]ING ORDINANCE OF THE CITY OF ) Reclassification, Conditional Use and
MCHENRY, MCHENRY COLTNTY, ILLINOIS ) Variance
A REPORT OF THE
ZONING BOARD OF APPEALS
A Public Hearirg before the City of McHenry Zoning Board of Appeals was held on Monday, �
January 15, 2001. Chauman Semrow called the Hearing to order at 7:33 p.m. with the following
persons in attendance:
1. Zoning I3oard of Appeals Members: Cadotte, Franzen, Howell (arrived at 7:37 p.rn.),
Meyer, Semrow. Absent: Ekstrom, Lovett.
2. City Attorney: Melissa Cooney.
3. Recording Secretary: Absent.
�
4. City Planner: Phillip Maggio.
5. Director of Community Development: Absent:
6. Applicant: McHenry Savings Bank, 1209 North Green Street, McHenry, IL 60050.
7. City CounciUStaff•None.
8. Court Reporter: None.
9. Registered Observers/Objectors:
John Swierk, 400 South Route 31, McHenry, IL 60050
Ron Benzschawel, Tri-State Carpet, 1525 Fleetwood Drive, Elgin, IL 60123.
PUBLIC NOTICE
Notice of the Public Hearing was published in the Northwest Herald on December 23, 2000. A
Cert�cate of Publication is on file in the Office of the City Clerk. Certified Notice was mailed to
all adjacent property owners of record. The property was posted pursuant to the City's Zoning
Ordinance. An affidavit of compliance with all notification requirements is on file in the O�ce
of the City Clerk.
� LOCATION
The subject property is located immediately south of Knox Drive on the East side of Route 31
and is comprised of approximately 14 acres.
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� SUMMARY
The Petitioners are seeking:
1. Reclassification of 6.3 acres from A1 County Agricultural to CS Highway Commercial upon
annexation r.o the City; .
2. Conditional Use Permit to allow a drive-through banking facility on the subject property;
3. Variance to the parking provisions of the Zoning Ordina.nce to allow 129 parking spaces
versus the required 243 spaces.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
1. James Mazinangel, 1209 North Green Street, McHenry, IL 60050.
2. Kathleen Marinangel, 1209 North Green Street, McHenry IL 60050
3. Michael J. Anderson, 1250 Larkin Avenue Suite 100, Elgin, IL 60123
4. Jim Michael, Condon Consulting Engineers, 5404 West Elm Street. McHenry IL 60050.
Attorney Roth informed the Board the purpose of the Public Hearing this evening is to present a
Petition containing the following three requests:
1. Reclassification of 6.3 acres from A1 County Agricultural to CS Highway Commercial upon
annexation to the City;
2. Conditional Use Permit to allow a drive-through banking facility on the subject property;
3. Variance to the parking provisions of the Zoning Ordinance to allow 129 parking spaces
� versus the required 243 spaces.
Attorney Roth noted the Preliminary Plat for this project was presented before the City of
McHenry Plan Commission on January 4, 2001. The entire project is comprised of
approximately 14 acres. Approximately six acres which aze presently in unincorporated
McHenry County would be utilized for the construction of the new McHenry Savings Bank
Facility. The remaining 8 acres are zoned CS Highway Commercial and currently lie within the
corporate boundary of the City and would be developed as retaiUcommercial. Additionally, the
Petitioners are seeking a conditional use permit to allow a drive-through banking facility on the
6-acre parcel.
Attorney Roth stated the third portion of the Petitioner's request relates to the parking
requirements of the City's Zoning Ordinance. The Petitioner is requesting a variance to allow a
reduction in parking spaces on the banking facility property from 243 spaces to 129 spaces. It is
the Petitioner's contention the 129 spaces aze more than adequate for the proposed building.
Mr. James Mazinangel testified on behalf of the Petitioner. He stated it is the intent of McHenry
Savings Bank to construct a new office building on the 6.3 acre parcel which will be the new
main office for the banking facility. He also confirmed McHenry Savings Bank owns not only
the 6.3 acres proposed banking facility site, but the 8 acres to the north within McHenry City
Boundazy and zoned CS Highway Commercial. Mr. Mazinangel stated the entire 14 acres are
incorporated into the McHenry Savings Bank Plaza. Subdivision. The Preliminary Plat of this
Subdivision received the unanimous approval of the City's Plan Commission at its regularly
�" scheduled Meeting on January 4, 2001.
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1/15/00
�corney Roth provided the Board with the zoning of the abutting parcels of property as stated in
the Petition. He noted the proposed use of the subject property is compatible with the City's
Comprehensive Plan. H��then went over the Approval Criteria for Zoning Map Amendments.
Mr. Marinangel went over the proposed site plan for the McHenry Savings Bank facility. He
noted there are currently 61 full time equivalent employees. It is projected there would be 68
employees at the end of a five-yeaz expansion period. With regard to the proposed pazking
layout, Mr. Marinangel stated 46 spaces would be utilized by bank employees on a typical day,
which would allow 83 spaces for customer/client use. The City of McHenry Zoning Ordinance
requires 243 parking spaces. The Petitioner is therefore requesting a variance as to the required
number of parking spaces from 243 to 129. Attorney Roth noted a study of the existing McHenry
Savings Bank parking lot was conducted from December ls` through December 9`h. It was noted
the maximum number of employees on the site during peak hours was between 30-35. The study
indicated the maximum total number of vehicles parked on the site during peak hours was 55.
Mr. Mazinangel stated t}ie bank's activities will remain substantially the same as at the existing
facility on Green Street. However, some additional services will be provided, such as onsite
ATM machine, automa.tic deposit capabilities, and online internet banking. In addition, a 6-lane
drive-through facility is being proposed, which would eliminate some client traffic within the
building. The Green Street facility currently has three drive-through lanes.
"*torney Roth noted if the Petitioners provided the 243 parking spaces as required by ordinance,
�re would be an inordinate amount of open pazking spaces daily, which would not look good
for the business. The extra pavement would also exacerbate stormwater runoff in the area. A
lengthy discussion occurred regazding the potential layout of the site plan and the parking
requirements and needs of the proposed banking facility.
Maggio indicated that 152 pazking spaces would be required if this were a standard office
building. The applicant agreed that an additional 23 spaces could be incorporated into the site
plan, and identified as future parking spaces. Maggio stated the condition that these spaces be
constructed within 90 days, weather permitting, can be included as a condition of the variance.
. Chairman Semrow said, "there being no further testimony before the Board with regard to the
Petition,the Board will consider the Petition at this time, unless there is a motion to recess. There
being no motion to recess, the Chair will entertain a motion with regard to this matter."
DELIBERATION AND RECOMMENDATION
Motion by Howell, seconded by Cadotte, to recommend to the City Council that
The Petitioner's request for reclassification of the subject property upon annexation to CS
Highway Commercial be granted; and that Table 33, the Approval Criteria for Map
Amendments, page 401 of the Zoning Ordinance, has been met.
Voting Aye: Cadotte, Franzen, Howell, Meyer, Semrow.
Voting Nay: None.
Voting: None.
�16stained: None.
Absent: Ekstrom, Lovett.
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ZBA-McH Savings Bank
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Motion carried 5-0.
Motion by Howell, seconded by Cadotte, to recommend to the City Council that
The Petitioner's request for a conditional use permit to allow the construction and
operation of a 6-lane drive through facility on the subject premises be granted; and tha.t
Table 31, the Approval Criteria for Conditional Uses, page 357-358 of the Zoning
Ordinance, has been met.
Voting Aye: Cadotte, Franzen, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Ekstrom, Lovett.
Motion carried 5�0.
Motion by Meyer, seconded by Howell, to recommend to the City Council that
The Petitioner's request for a variance to the provisions of the pazking requirements from
243 spaces to 129 spaces on the subject premises be granted, subject to the following
condition:
� Provision must be made to reserve space to permit the construction of an
additiona123 parking spaces, should the City determine they are necessary, within
90 days, weather permitting;
And that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning
Ordinance, has been met.
Voting Aye: Cadotte, Franzen, Hawell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstained: None.
. Absent: Ekstrom, Lovett.
Motion carried 5-0.
ADJOURNMENT
There being no further business before the Zoning Board of Appeals with regazd to this matter
this hearing was adjourned at 9:33 p.m.
ctfully sub 'tted,
Harry Se w, Chairman
Zoning Boazd of Appeals
Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
�ngineers, Petitioners, Objectors (2), Plan Commission (7), Landmark Commission Chairman
Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy. Z-518
CTTY OF MCHENRY
JANUARY 15,2001
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1N THE MATT'ER OF THE APPLICATION OF )
T'HE CITY OF MCHENRY FOR A ZOI�IING )
TEXT AMENDMEN'I', pURSUANT TO THE ) Z-516 �
ZONING ORD[NANCE OF THE CITY OF ) Text Amendment
MCHENRY, MCHENRY COUNTY, ILLINOIS )
A REPORT OF THE
ZONING BOARD OF APPEALS
A Public Hearing before the City of McHenry Zoning Boazd of Appeals was held on Monday,
December 18, 2000, January 8, 2001 and recessed to January 15, 2001. Chairman Semrow called
the Heazing to order at 9:45 p.m. with the following persons in attendance: �
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Fra.nzen, Howell, Meyer,
Semrow. Absent: Lovett.
2. City Attorney: Melissa Cooney.
3. Recording Secretary: Absent.
� 4. City Planner: Phillip Maggio.
5. Director of Community Development: Absent:
6. Applicant: City of McHenry.
7. City CounciUStaf� None.
8. Court Reporter: None.
, 9. Registered Observers/Objectors: None.
PUBLIC NOTICE
Notice of the Public Hearing was published in the Northwest Herald on December 2, 2000. A
Certificate of Publication is on file in the Office of the City Clerk.
SUMMARY
The Petitioner is seeking an amendment to the Zoning Ordinance regarding the regulation of
adult uses.
TESTIMONY
Chairman Semrow asked Attorney Cooney to provide an overview of the proposed text
� amendment to the Zoni.ng Ordinance.
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ZBA-Adult Business
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�ttorney Cooney stateci the general idea for the modifications to the Zoning Ordinance is to
more clearly define what is meant by "Adult Business", the specific types of Adult Businesses
permitted, and other restricting and limiting requirements of this portion of the Ordinance. She
noted the wording of the Ordinance cannot prohibit freedom of expression. The main purpose of
this amendment is to suppress secondary negative impacts from the presence of these uses.
Additionally, other restrictions can be applied such as pertain to signage, hours of operation,
location in relation to residential, school or church use. Attorney Cooney stated the goal is to
make the ordinance tough enough to prohibit uses contrary to the health, safety and general
welfaze of the community, but at the same time lax enough so as not to cause undue litigation for
the City.
(�►UESTIONS BY MEMBERS OF THE BOARD
In response to Board 'uiquiry, Attorney Cooney stated the proposed amendment provides for
restrictions of an Adult Business within 1,000 feet of school, day care center, cemetery, public
park, pubic housing, nursing home, rest home, sheltered care facility, or place of religious
worship.
Meyer I inquired if the proposed amendment is the most restrictive ordinance possible while
staying within the legal boundazies of the State Statutes. Attorney Cooney replied in the
affirmative.
''�eyer stated the purposed of the modifications to the Zoning Ordinance appeaz to be to limit the
�,,:ations in the City in which an adult business can be established and the prohibition of the
serving of alcoholic beverages at adult business locations.
Discussion followed regarding the possibility of permitting Adult Businesses in zoning districts
other than CS Highway Commercial District. Three studies referencing Adult Entertainment
were distributed to the Boazd and are attached hereto for reference. It was the consensus of the
Boazd there are too many adverse affects upon other businesses and residents in other zoning
districts to permit Adult Businesses anywhere other than the CS District. Discussion ensued
regazding the potential for City licensing for a massage therapist beyond that which is required
by the State of Illinois. Attorney Cooney stated massage therapy would be covered by a separate
. ordinance in the Municipal Code.
DELIBERATION AND RECOMMENDATION
Motion by Howell, seconded by Ekstrom, to recommend to the City Council that
The text of the City of McHenry Zoning Ordinance be amended as follows:
1: That Table 7: Permitted and Conditional Uses in Commercial Districts, Group O:
Additional Conditional Uses in the C-5 District, of the City of McHenry Zoning Ordinance (pg.
121) shall be amended by changing Item 1, "Adult Uses"to "Adult Business".
2: That the definition "ADULT USE" in Section XIX, Defmitions, of the City of
Henry Zoning Ordinance shall be repealed and the following definitions added to Section
�X:
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ZBA-Adult Business
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\-- ADULT BUSI.'VESS: Any establishment having as a substantial or significant portion of its
stock in trade or business activity in a use such as, but not limited to the following: adults-only
bookstores, adults-only motion picture theater(s), adult entertainment centers, rap parlor, adults-
only nightclubs or adults-only saunas, where explicit sexual conduct is depicted and/or sexual
activity is explicitly or implicitly encouraged or tolerated.
ADULT ENTERTAINMENT BUSINESS: Synonymous with "adult business" as defined
herein.
ADULT ENTEE�TAINMENT CENTER: An enclosed building or part of an enclosed building,
which contains one or more coin-operated mechanisms which when activated permit a customer
to view a live person nude or in such attire, costume or clothing as to expose to view the human
male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; or, female breast,
at or below the areola thereof. In addition, the viewing of a live person, in the above described
manner, after paying of any admission or fee for the viewing of same activity.
ADULTS-ONLY: Any items or activities emphasizing, depicting, describing or relating to
nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise),
bestiality or sadomasochistic activity.
ADULTS-ONLY BOOKSTORE: An adults-only establishment having as a substantial or
significant portion of its stock in trade, books, magazines, films for sale or viewing on premises
� by use of motion picture devices or other coin-operated means, and other periodicals which are
distinguished or characterized by their principal emphasis on matters depicting, describing or
relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or
otherwise), bestiality or sadomasochistic activity. An establishment, having adults-only items as
a substantial or significant portion of its stock, that sells or displays adults-only items for sale to
patrons therein.
ADULTS-ONLY MOTION PICTURE THEATER: An enclosed building used regularly and
routinely for presenting adults-only material distinguished or characterized by an emphasis on
matter depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic,
heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for observation
by patron therein.
ADULTS-ONLY 1VIGHTCLUB: An establishment or place either occasionally or primarily in
the business of featuring topless dancers, go-go dancers, exotic dancers, strippers, ma.le or female
impersonators or similar entertainers, where explicit sexual conduct is depicted and/or sexual
activity is explicitly or implicitly encouraged or tolerated.
ADULTS-ONLY SAIJNA: An establishment or place primarily in the business of providing a
steam bath and/or massage services, where explicit sexual conduct is depicted and/or sexual
activity is explicitly or implicitly encouraged or tolerated.
� BOOTH: Any enclosure that is specifically offered to patrons of an adult business for the private
viewing of any adults-only item or movie. Said definition does not include enclosures that are
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ZBA-Adult Business
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�ed as private offices by any operator, employee or agent for attending to the tasks of their
employment and are not offered for use by the public.
CUBICLE: Synonymous with "booth" as defined herein.
DOOR: Full, complete, non-transparent closure device that obscures the view or activity taking
place within the enclosure.
NIGHTCLUB: An establishment serving food and/or liquor and providing music and space for
dancing by patrons only A nightclub shall not include an "adult business."
NUDITY: The display of the human male or female genitalia; pubic hair; buttocks; perineum;
anal or pubic regions; female breast, at or below the areola thereof, with no covering or with a
less than fully opaque covering; or, male genitalia, in a discernible turgid state, with or without
covering.
OBSCENE: Any material or performance is obscene if: (1) the average person, applying
contemporary adult community standards, would find that, taken as a whole, it appeals to the
prurient interest; and (2) the average person, applying contemporary adult community standazds,
would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or
sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation,
��cretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious
`,�srary, artistic, political or scientific value. [Statutory Reference: 720 ILCS 5/11-20]
OPERATOR: For purposes of an adult business, as defined herein, any person, (whether said
persons be an individual, partner, corporation, joint stock company, fiduciary, officer, director,
stockholder, employee, or manager), which conducts, maintains or owns any adult business.
PATRON: For purposes of an adult business, as defined herein, any customer, patron or visitor
to an adult business who is not employed by any operator of said establishment.
RAP PARLOR: An establishment or place primarily in the business of providing non-
professional conversation or similar services for adults, where explicit sexual conduct is depicted
andlor sexual activity is explicitly or implicitly encouraged or tolerated.
ROOM: For purposes of an adult business, synonymous with "booth" as defined herein.
SADOMASOCHISTIC ACTIVITY: Flagellation or torture by or upon a nude person; a person
clad in undergarments, a mask or bizarre costume. In addition, the condition of being fettered,
bound or otherwise physically restrained with the intent to stimulate or azouse sexually the
initiator and/or the recipient.
SELL: Includes to solicit or receive an order for, to keep or expose for sale and to keep with
�ntent to sell.
�XUAL CONDUCT: Ultimate sex acts (whether auto-erotic, heterosexual, homosexual or
otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended to
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stimulate or arcuse sexually the initiator and/or the recipient, with a person's unclothed genitalia,
buttocks, perine�um, anal or pubic regions, or female breast.
UNDERAGE: For purposes of an adult business, any person under 18 years of age, the legally
minimum age at which one can purchase or view adults-only items. (Statutory Reference: 720
ILCS 5/11-20)
3: That Chapter III, Section J, Adult Uses, of the City of McHenry Zoning Ordinance
(pg. 67) shall be amended to read as follows:
J. ADULT BUSINESS
1. Intent and Purpose: It is the intent of this Section to protect and preserve the health,
safety, welfare and morals of the citizens of the City by regulating adult business within
the City.
2. General Standazds
A. A separate conditional use permit must be issued for each adult business as
defined in Section XIX herein.
�,. B. Location Restrictions: No adult business shall be operated within 1,000 feet of a
residential zoning district or within 1,000 feet of the property boundaries of any
school, day care center, cemetery, public pazk, public housing, nursing home, rest
home, sheltered care facility and place of religious worship. The distance
limitation shall be measured in a straight line from the lot lines of said adult
business and applicable residential zoning district, school, day care center,
cemetery, public park, public housing, nursing home, rest home, sheltered care
facility and place of religious worship.
C. Only one adult business shall be permitted per block face.
D. Sign Requirements: The following sign requirements sha.11 apply to any adult
business:
1. All signs shall be flat wall signs.
2. The amount of allowable sign azea shall be one square foot of sign area
per foot of lot frontage on a street, or as permitted by Section IX herein,
whichever is more restrictive.
3. Window areas sha.11 not be covered or made opaque in any way. No sign
shall be placed in any window. One one-square foot sign may be placed
� on the door to state hours of operation and admittance to adults only.
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�- E. Advertising: No merchandise or pictures of the products or entertainment on the
premises shall be displayed in window azeas or any area where they can be
viewed from the sidewalk in front of the building.
F. .�lcoholic Liquor Prohibited: It shall be unlawful for any adult business to sell,
distribute or pemiit beer or alcoholic beverages on the premises.
Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Lovett.
Motion carried 6-0.
ADJOURNMENT
Motion by Ekstrom, seconded by Franzen,to adjourn this Hearing at 10:02 p.m.
Voting Aye: Cadotte, Ekstrom, Franzen, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Lovett.
� Motion carried 6-0.
Respectfully submitte
Harry Semro , Chairman
Zoning Boazd of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Objectors (34), Plan Commission (7), Landmark Commission Chairman
Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy. Z-516
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