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HomeMy WebLinkAboutMinutes - 4/5/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS APRIL 5, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-468 STEPHEN E. BUSS, INDIVIDUALLY AND AS A ) Buss Ford GENERA�. PARTNER OF BUSS FORD SALES, AN ) Rte 31 ILLINOIS LIMITED PARTNERSHIP, FOR A ) Conditional Use CONDITIONAL USE PERMIT UNDER THE ZONING ) ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on April 5, 1999. Chairman Semrow called the hearing to order at 7:35 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Paula Ekstrom, John Howell, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer `' 4. City Planner: Phillip Maggio 5. Director of Community Development: Absent. 6. Petitioner: Buss Ford Sales represented by Stephen E. Buss, 3925 W. Elm Street, McHenry, Illinois 60050. 7. Attorney for Petitioner: James Cowlin, 4108-A West Crystal Lake Road, McHenry, Illinois 60050. 8. City Council Members/Staff: Mayor Cuda, Alderman Glab, Alderman Murgatroyd, Alderman Baird, City Clerk Althoff. 9. Court Reporter: None. 10. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on March 13, 1999. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices `- were mailed to all owners of record of abutting properties. The subject property was posted as required by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk. Page 2 ZBA-Buss 4/5/99 � LOCATION The subject property is a vacant parcel located on the west side of Illinois State Route 31 approxim:�tely 1000 feet north of the entrance to Knox Park. It is comprised of approximately 11.5 acre�. SUMMARY The Petitioners are seeking a Conditional Use Permit to allow an Open Sales Lot and Motor Vehicle Repairs on the subject property. TESTIMONY Chairman Semrow swore in the following Witnesses for the Peritioners: ■ Timotl�y Hartnett, Smith Engineering, 4500 West Prime Parkway, McHenry, II 60050. ■ Steve Buss, Buss Ford Sales, 3925 West Elm Street, McHenry, IL 60050. ■ Rod DeRoy, Custom Facilities, design builders. Attorney Cowlin provided the Board with an overview of the current Buss Ford operation noting the business activity was divided into three locations: ■ 3925 West Elm Street Sales Office Center ■ 4011 West Main Street Service Center � ■ 3926 West Main Street Vehicle Prep Center. It is the intent of the Petitioners to consolidate all operations under one roof if the Petition for Conditional Use is approved. Mr. Buss stated the Buss Ford business has been in operation in McHenry for 70 years. Buss Ford has entered into a contract to purchase the subject property for the purpose of relocating the business at this location. However, a Conditional Use Permit to allow an Open Sales Lot and vehicle repair and maintenance is required. He noted the property is currently zoned C-5 Highway Commercial and is a part of the Pacini property on the west side of Route 31. Mr. Buss stated moving his business to this location would provide more efficiency, better surroundings, and allow room for potential expansion should the need arise. He stated there would be no auto body work conducted on the premises. No gasoline storage tanks would be located on the premises. There would be oil, both new and used, stored on site as it would be used in the servicing of vehicles. The proposed hours of operation are 7:00 a.m. to 9:00 p.m. on Monday through Saturday. The business �vill be closed on Sunday as per State Statutes. The lighting on the Open Sales Lot will be similar to the lighting on the current sales lot. At 11:00 p.m. each night 90% of the lights automatically shut off. The remaining 10% remain illuminated for security purposes. Mr. Buss stated the Route 31 entrance would line up with the service entrance to the building. He noted Illinois Department of Transportation is permitting a single entrance/exit to Route 31 . � Page 3 ZBA-Buss 4/5/99 � Attorney <:owlin went over the Approval Criteria for Conditional Use Permits as stated in the Petition. The site layout design will not adversely affect the wetlands which are a part of the site. There will be a swale between the subject property and the development immediately to the north, which will assist in directing surface water to the detention basin on the west side of the property. UESTIONS BY MEMBERS OF THE BOARD In response to an inquiry by Cadotte, Mr. Buss stated oil would be stored a concrete containment area. Ekstrom asked the size of the building. Mr. Buss responded it is approximately 38,000 square feet. It was pointed out the configuration of the building has changed to accommodate the wetlands on the site. Meyer, noting the 60' wide dedication of Public right-of-way shown on the site plan, asked for clarification as to its disposition. Semrow stated that the right-of-way would have to be relocated, or this plan would be aborted. The new location of the right-of-way, following City Council action, is ��rojected to be directly across Route 31 from Knox Park Drive. Mr. Hartnett, in responding to Board inquiry, stated Route 31 will be restriped to accommodate a left turn lane, and a deceleration lane would be added. Mr. Hartnett prepared the site plan currently being reviewed by the Board. He stated the site currently drains to the west. The building would be constructed on a pedestal. There will be a swale from the south to the north � on the eastern property line, which would drain into the natural swale along the north property line, draining to the detention basin on the west property line. He noted this will be a detention basin which will have water in it all of the time. In response to an inquiry, Mr. Hartnett stated emergency vehicles and car carriers will be able to circle the building and exit onto Route 31. The internal driveway radius is adequate to handle semi-trucks and emergency vehicles. Landscaping will be addressed, throughout the site, but particularly along Route 31 on the east property line. There will be a 3 foot berm with landscaping. Mr. DeRoy stated all ADA requirements regarding handicapped accessibility will be met. On site lighting will be similar to the sales and parking lot lighting at the existing Buss Ford locations. The light poles will be 22 feet high. Lighting will not spill off site. All lights will be directed downward so as not to cause light pollution. In response to an inquiry, Mr. DeRoy stated the building will be constructed of pre-cast concrete, drivit, masonry and glass. CLOSING STATEMENT BY PETITIONER Attorney Cowlin stated, in closing, the proposed site is an excellent location for the Buss Ford operation. Relocating the operation to this site would afford an opportunity to revamp the existing three Buss Ford locations in the downtown area as a part of the City's Downtown Revitalization efforts. Moving the business operation to the proposed site would cause no adverse impact on the City or its residents. The Petitioner has met all the Approval Criteria `-- requirements for a Conditional Use Permit to operate an Open Sales Lot and vehicle repair and maintenance business. Page 4 ZBA-Buss 4/5/99 � Chairman Semrow stated, "there being no further testimony before this Board with regard to this Petition, tne Board will consider this matter at this time, unless there is a motion to recess by a member c�f the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." DELIBERATION AND RECOMMENDATION Motion bv Cadotte, seconded by Meyer, to recommend to the City Council that the Petitioner's request for a Conditional Use Permit to allow an Open Sales Lot and Vehicle Repair and Maintenance on the subject property be granted, and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 have been met. Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 5-0. � ADJOURNMENT Chairman Semrow adjourned the hearing at 8:35 p.m. Respectf Ily sub itted, ��1� Harry S row, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-468 � ZONING BOARD OF APPEALS APRI L 5, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-469 CENTRUM EQUITIES FOR RECLASSIFICATION, ) Centrum Equities CONDITIONAL USE PERMIT, AND VARIANCE ) (Walgreens) UNDER THE PROVISIONS OF THE ZONING ) Rezone/Cond. Use/Variance ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) REPORT OF THE ZONINC BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on April 5, 1999. Chairman Semrow called the hearing to order at 8:46 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Paula Ekstrom, John Howell, Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer � 4. City Planner: Phillip Maggio 5. Director of Community Development: Absent. 6. Petitioner: Centrum Equities, Inc. represented by Robert Zacharias and Sherwood Blitstein, 225 W. Hubbard Street, Chicago, Illinois 60610. 7. Attorney for Petitioner: Mary Koberstein, 225 West Hubbard Street, Chicago, Illinois 60610. 8. City Council Members/Staff: Mayor Cuda, Alderman Glab, Alderman Murgatroyd, Alderman Baird, City Clerk Althoff. 9. Court Reporter: None. 10. Registered Observers/Objectors: Theodore Jensen, 3931 W. Elm Street, McHenry, Illinois 60050 John W. Armstrong, 3807 W. St. Paul's Avenue, McHenry, Illinois 60050 Greg Lofgren, 3805 W. Clover, McHenry, Illinois 60050 Rosemary Swierk, 4917 Glenbrook Trail, McHenry, Illinois 60050 � James Kirk, 3932 W. Main Street, McHenry, Illinois 60050. Page 2 ZBA-Centrum 4/5/99 � NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on March 19, 1999. Publisher's Certificates of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to all owners of record of abutting properties. The subject property was posted as required by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk. LOCATION The subject property commonly known as 1109 South Front Street and 3925 West Elm Street which is the current site of Buss Ford Sales. SUMMARY The Petitioners are seeking the following: ■ Reclassification for a portion of the property abutting Main Street from C4 to C5; ■ Conditional Use Permit to allow the construction and operation of a drive-thru establishment for the sale and dispensing of prescription drugs; ■ Variance to the required 10 foot side yard setbacks from the east and west property lines. TESTIMONY � Chairman Semrow swore in the following Witnesses for the Petitioners: ■ Robert Zacharias, Centrum Equities, Inc., 225 W. Hubbard Street, Chicago, Illinois 60610 ■ Sherwood Blitstein, Centrum Equities, Inc., 225 W. Hubbard Street, Chicago, Illinois 60610 ■ Howard Hersch, Hersch and Associates, Architects. Attorney Koberstein stated the Petitioners are seeking reclassification for a portion of the subject property which is currently zoned C4 to C5 in an effort to make the entire proposed site one zoning district. She noted a majority of the property is currently zoned C5. In addition, the Petitioners are requesting a conditional use permit to allow the construction and operation of a drive through establishment for the sale and dispensing of prescription drugs. In order to accommodate the building on the lot, a variance is required to the sideyard setback from the east and west property lines. Mr. Hersch described the configuration of the site for the Board and noted it is a long narrow site, approximately 124' in depth, with the remainder of the property in a triangular configuration. The primary fa�ade would face Route 120 in a northerly direction. Because of the unique lot configuration, it is difficult to accommodate a building on the lot without the benefit of a setback variance. Mr. Hersch noted the Site Plan presented to the Board this evening has received Illinois Department of Transportation (IDOT) approval. The site includes a right-in right-out access point on Route 120 and on Route 31, and a full access near the northwest corner of the property. The full access point on Route 120 will be located at the entrance to the public alley `'' along the west property line. However, approximately 15 years ago, the City closed the alley and allowed it to be used by Buss Ford as an Open Sales Lot. The alley is incorporated in the Site Plan and will be used for customers to access the drive-through window. Page 3 ZBA-Centrum 4/5/99 � The vehicles would then exit the site onto Main Street. The traffic would flow one-way from 120 south to h1ain Street. Mr. Hersch noted there is parking on the site for 99 vehicles. Mr. Hersch pointed out a 5' pedestrian walkway which connects the canopy on the northeast corner of the building to both Route 31 along the south property line and to Main Street along the east property line. A pocket park is shown on the Site Plan in the open space immediately south of the building, fronting on Main Street. The park would be landscaped and provide a buffer to the existing historical structures on Main Street. Mr. Hersch stated the building would be constructed of all brick and stone. All four elevations would have a finished look. It would not be a prototypical Walgreen's building. The Petitioners are planning an 8'masosnry wall parallel to the south building line which would screen the refuse disposal and loading area located on the south side of the building. The 8' wall would provide a backdrop to the pocket park. QUESTIONS BY MEMBERS OF THE BOARD In response to an inquiry from Meyer, Mr. Hersch stated the overhead delivery door would be located on the south end of the building in the area behind the 8' masonry wall. He noted a 5' fence would be erected along the south and east property lines to provide a barrier between the pedestrian walkways and adjacent property lines. Semrow asked the frequency of semi-truck deliveries to the site. Mr. Zacharias responded there � would be no more than 2-3 deliveries by semis per week. The Site Plan will accommodate semi's, and the turning radius is adequate to allow on-site traffic turns and flow. The "alley" will be used as a part of the site. Mr. Hersch confirmed IDOT has approved the Site Plan layout. Hersch indicated the dirve-through window location was determined by the minimal impact on the surrounding environment at the southwest corner of the building. However, because of the proposed drive-thru location,a variance to sideyard setback requirements is necessary. There are currently three access points to the site. Meyer expressed concern regarding the traffic emptying onto Main Street from the drive-through window and the potential adverse impact on Main Street. Mr. Zacharias responded the drive-through would be for prescription drugs only, and would not be comparable to a typical drive-thru for other retail businesses. Drive-thru traffic is not expected to exceed eight vehicles per hour. In response to an inquiry from Ekstrom, Mr. Zacharias noted the site will be constructed to accommodate two drive-thru windows, although initially only one will be in use. Howell expressed concern regarding the historical structures on Main Street and the way in which this new building would fit architecturally with the existing downtown area. Mr. Zacharias stated the building will be completely finished on all four elevations. Additionally, the 8' masonry wall would screen the refuse disposal and delivery areas from Main Street view. The proposed architectural plan takes into consideration the unique nature of the downtown area. The south building wall would be set back approximately 75' from Main Street. In keeping with downtown revitalization efforts, the pedestrian walkways from Main Street and Route 31 to the Walgreen's �' entrance will enhance the area. Howell asked the Petitioners to use the 8' wall to create an historic look to bridge the "new" building to the existing structures on Main Street. Page 4 ZBA-Centrum 4/5/99 � Considerable discussion occurred regarding alley ownership and utilization. ft was determined that the alley was public property and could be incorporated into the Walgreen's site design. Discussion also continued regarding the possibility of traffic back-ups for westbound Route 120 at the pro��osed full access point. Vehicles turning left onto Walgreen's would interrupt traffic stacking fc�r left turns at Crystal Lake Road. Ekstrom asked the business hours of operation. Mr. Zacharias responded Centrum Equities will construct the building, Walgreen's will lease the site. He noted some Walgreen facilities are open 24 hours/day. It has not yet been determined if this will be an 8:00 a.m. to 10:00 p.m. store or full 24 hour service store. There would be no liquor sales at the facility. QUESTIONS BY OBSERVERS/OBIECTORS James Kirk: Mr. Kirk asked the length of the fence. Mr. Zacharias responded it would abut the pedestrian walkways to provide a buffer from adjacent properties. In response to Mr. Kirk's inquiry, Mr. Zacharias responded the electrical in the center of the property would be installed underground. Rosemary Swierk: Ms. Swierk asked the purpose of the fence. Mr. Zacharias responded the fence would add to the aesthetics of the area and assist in screening the property from view. In response to Ms. Swierk's inquiry, Mr. Zacharias stated there would be an elevation drop between the property to the south and the subject property. Ms. Swierk's stated she is opposed to the � fence. General discussion occurred regarding the reclassification of a portion of the property from C4 to C5. It was the consensus of the Board the more intense uses permitted in the C5 district might not be appropriate due to the restricted access to the site. Ms. Koberstein stated the reclassification is being requested because the property is currently located in two zoning districts, C4 and C5. The Petitioners are appearing before the Board principally to obtain a conditional use permit to allow the drive-thru window. Traffic impact would be minimal due to the window. The drive-thru window would serve a population who need this service, such as senior citizens, handicapped persons, or parents with small children. Ms. Kobersteins went over the Approval Criteria for Map Amendments, Conditional Use Permits, and Variances, as stated in the Petition. STATEMENTS BY OBIECTORS Greg Lof ren: Mr. Lofgren stated the City of McHenry Landmark Commission is opposed to the design of the Walgreen's store, particularly having the loading dock and refuse area facing Main Street. Main Street is an historical district, and the City is working to revitalize its historical character. The architectural character of the Walgreen's store being proposed is not in harmony with the existing historical ambiance of this neighborhood. The proximity to the Main Street downtown area is not acceptable. Each of the stores on Main Street have been working on improving facades. The Walgreen's store will have the rear of its building facing Main Street. It is the suggestion of the Landmark Commission to retain and restore the fa�ade of the existing `'' Buss Ford Prep Building and build the Walgreen's store off the fa�ade. Page 5 ZBA-Centrum 4/5/99 � Howell asked if the Landmark Commission had been in contact with Walgreen's regarding its objection� to the plan. Lofgren stated they had not. A lengthy discussion occurred regarding the various pcssibilities of creating a buffer between the existing downtown area and the Walgreen's building, iasing the pocket park and/or the 8' masonry wall. Rosemary Swierk: As a neighbor who owns the Amcore Bank building at 3922 West Main Street, Ms. Swierk stated she has concerns regarding the 3-4 foot drop in elevation between her property and the subject property. She is not in favor of the fence. The Swierks has spent a great amount of money to restore and rehab their Main Street building and do not want it shielded from Route 120 with �t 5' fence. Meyer noted a 5' fence will not effectively screen the property. He is not in favor of the fence. Howell asked the Petitioners to consider working with the Landmark Commission and Staff to maintain the historical integrity of the Main Street downtown. Mr. Zacharias stated he is not willing to k�e open ended as far as the architectural plans for the building. He noted the building is an upscale model, not typical of other Walgreen stores. Chairman Semrow stated there are two outstanding issued: ■ 16' alley—who owns the title; will Walgreen's have unconditional exclusive access to utilize this alley ? ■ left-hand turn lane for westbound traffic on Route 120 — potential traffic congestion and � backup due to customers waiting to turn left. Maggio stated the 16' alley is owned by the City of McHenry and was closed and allowed to be used by Buss Ford in 1983. The City may require the alley to be improved or maintained by Walgreen's to certain standards as a condition of its use. Attorney McArdle noted the exclusive use of the property will require City Council action. CLOSING STATEMENT BY PETITIONER Ms. Koberstein stated the left turn lane from 120 does not solely relate to the conditional use permit for the drive-thru window or the reclassification. The left turn should not be an issue at this hearing. There is only one full access point indicated on Route 120. IDOT has jurisdiction over the improvements on this road, and they have approved the proposed plan. The Petitioner would not find this site acceptable without the full access from Route 120. Ms. Koberstein stated most patrons would enter the site from the right turn only access points on either Route 120 or Route 31. Chairman Semrow stated, "there being no further testimony before this Board with regard to this Petition, the Board will consider this matter at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." � Page 6 ZBA-Centrum 4/5/99 � DELIBERATION AND RECOMMENDATION Motion by Meyer, seconded by Cadotte, to recommend to the City Council that the Petitioner's request fo��: ■ Reclassification for a portion of the property abutting Main Street from C4 to C5; ■ Condit onal Use Permit to allow the construction and operation of a drive-thru establishment for the sale and dispensing of prescription drugs; ■ Varianc�e to the required 10 foot side yard setbacks from the east and west property lines. be granted; that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoriing Ordinance has been met; that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 has been met; and that Table 32, the Approval Criteria for Variances, pages 377-378, has been met; but that the granting of the Conditional Use be amended to require the 8' masonry wall to k�e cosmetically drawn to be consistent with the historic nature of the existing neighborhood, and that the motif be consistent with current fa�ade improvements on Main Street Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. � Not Voting: None. Abstaining: None. Absent: None. Motion carried 5-0. ADIOURNMENT Motion by Howell, seconded by Meyer, to adjourn the hearing at 10:25 p.m. Voting Aye: Cadotte, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 5-0. The hearing was adjourned at 10:25 p.m. Respectfully sub itted, �e���� Harry Se row, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & �' Z Z.oning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-469