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HomeMy WebLinkAboutMinutes - 5/4/1998 - Zoning Board of Appeals ' ZONING BOARD OF APPEALS MAY 4, 1998 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION OF ) Z-449 � SPENCE ��ANAGEMENT SERVICES INC., AND ) Spence Management BRANDON BRADKIN AND DORY ) Burger King BROECKAERT, PROPERTY OWNERS, FOR ) North Richmond Rd RECLASSIFICATION AND A CONDITIONAL USE ) Conditional Use PERMIT, l)PON ANNEXATION, PURSUANT TO ) 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 May 4, 1998. Chairman Semrow called the hearing to order at 7:35 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, John Howell, Chuck Lovett, 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. Petitioners: Spence Management Services represented by Randy Imhoff, Project Manager, 335 Commerce Drive, Crystal Lake, Illinois 60014. 6. Attorney for Petitioner: Militello, Zanck & Coen represented by Mark Saladin, 40 Brink Street, Crystal Lake, Illinois 60014. 7. City Council Members: None. 8. �Court Reporter: None. 9. Registered Observers: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on April 18, 1998. 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 and the subject property was posted as required by City ordinance. An Affidavit of Service is on file with the City Clerk. LOCATION The subject property is located immediately north of the proposed Colomer Subdivision on the � east side of Route 31 and is comprised of approximately 1 .91 acres. The subject property is currently not within the corporate boundary of the City of McHenry. - Page 2 ZBA-Burger King 5/4/98 SUMMARY � The Petitioners are requesting the following upon annexation to the City of McHenry: 1 . Reclassification of the subject property to C5 Highway Commercial; 2. Conditional Use Permit to allow the construction and operation of a Drive- through restaurant. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1 . Randy Imhoff, Spence Management Services, Inc., 335 Commerce Drive, Crystal Lake, Illinois 60014; 2. Tim Hartnett, Smith Engineering, project engineer, 4500 Prime Parkway, McHenry, IL 60050. Attorney Saladin provided the Board with an overview of the project. He stated the Petitioners are currently in the process of seeking annexation to the City of McHenry. A Petition has been filed with the City Clerk. The property in question is comprised of 1.91 acres and has 207 feet of frontage on Route 31. The surrounding property are all zoned C5 Highway commercial pursuant to the City of McHenry Zoning Ordinance. Mr. Imhoff stated the Petitioners will remodel and update the current Burger King Restaurant in the City as well as construct the proposed new facility. The existing restaurant will continue to exist at its present location. He noted Spence Management Services will build a prototypical store on the subject property. It will be constructed of brick and dryvit and will � include a playland. Mr. Imhoff said it is the intent of Spence Management Services to expand their services to the north of the City where development appears to be expanding greatly at this time. They are hoping to capture the clientele driving north out of town. He noted the proposed restaurant would be identical to the facility newly erected just west of the intersection of Routes 31 and 176. Mr. Hartnett addressed the transportation issues. He noted IDOT is backlogged with permit review and issuance. He spoke with Mr. Tom Nuzzo at IDOT who assured him the project would be permitted to have a right-in only turn lane going northbound on Route 31. IDOT is considering an exclusive left turn only lane southbound on Route 31. If the left turn lane is required the Petitioner wil) put it in. At this time it would appear there will be a widening of the pavement as was required for the Colomer Subdivision with a suicide lane in the center as opposed to a dedicated left turn lane. Mr. Hartnett indicated the Petitioner would put in a public sidewalk. In addition, they will install a 10 inch water main and an 8 inch sanitary sewer line, both extended to the property's north boundary. Mr. Hartnett stated there would be room for stacking 10-11 vehicles for the drive-through windo�,v. There would be a one-way traffic pattern on the site which would move in a counterclockwise direction. Hours of operation are 6 a.m. until 10 p.m. seven days per week. `,. QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD Chairman Semrow asked if the ingress/egress would be located at the northernmost location on the property. Hartnett said that is correct. There would by an ingress drive and two egress - Page 3 ZBA-Burger King 5/4/98 drives: oi�e straight or right and one left turn only. He stated the width of the drive is 35 feet. � There would be no barrier in the middle. The lanes would be striped, but there would be no separatin�; curbs. Cadotte �.sked if there would be adequate parking onsite. Hartnett said the Petitioners are providing more parking spaces than required by ordinance. Lovett asked the average wait from the time food is ordered until it is picked up at the window. Hartnett said on the average, it takes 45 seconds from the time the order is placed until it is picked up. There would be two drive-through windows: the first would be for payment, the second for pick up of product. During slower times there would be only one window operable, however. Lovett asked the proposed location of the refuse disposal area. Hartnett said it would be located in the rear of the building. It would actually be built in to the building. Lovett asked if the parking lot would be illuminated. Lovett expressed safety concerns for employees parking at the far east end of the lot. Hartnett said the parking lot would be lit and there would be accent lighting shining on the building facade. Ekstrom asked how surface water run-off would be taken care of. Hartnett said this site is included on the master plan for storm water drainage which would ultimately be piped to the McCullom Lake Road detention basin located east of Target. Forty-eight inch storm sewers would be constructed on the site to handle on-site detention. Christensen asked when the capacity for the retention basin would be reached. It appears �,, there has been a great deal of development which will be draining into this basin. A general discussion followed regarding the City's Master Plan for storm water drainage. Christensen asked if there would be any on-site fire hydrants. Hartnett said there would be none. Semrow asked for clarification as to how Route 31 would be modified or improved due to the construction of this project. General discussion followed regarding the proposed configuration of Route 31 . The paved surface of the road would accommodate three lanes of traffic: one northbound; one southbound; one suicide lane which could ultimately become a left turn only lane for southbound traffic should IDOT require it. Attorney McArdle asked the width of the right-of-way from west to east of this project at its conclusion. Hartnett replied it would be 80 feet. The additional right-of-way would be given to the State of Illinois through a Plat of Dedication. Christensen asked if IDOT does not require the left turn lane, but the City Council would prefer to have it, would the Petitioners put it in. Mr. Imhoff stated Spence Management would construct the left turn lane if requested by the City. Attorney Saladin addressed the Approval Criteria for Zoning Amendments and the Approval Criteria for Conditional Uses as stated in the Petition. He noted the Petitioners are not seeking any variances as to the landscape requirements or any other bulk requirements contained in the zoning ordinance. Attorney Saladin asked the Zoning Board to recommend to the City Council the granting the Petitioner's requests. � Christensen asked if there was a possibility of tie-in with the Colomer Subdivision. Hartnett stated aiiy interlot connection would interfere with the cars exiting pattern upon leaving the car wash and being delivered to the car wash customers. � Page 4 ZBA-Burger King 5/4/98 Chairman Semrow asked why the Petitioners had requested C5 zoning and why not a less � intense cc�mmercial zoning district which would accommodate this use. Attorney Saladin stated that his original petition was for C2, but that Staff suggfested the zoning should be changed to C5 in order to be consistent with surrounding zoning. Chairman Semrow said, "there being no further testimony before this Board with regard to this Petition, the Chair will entertain a motion with regard to the Petition, 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". DELIBERATION AND RECOMMENDATION Motion b}� Christensen, seconded by Lovett, to recommend to the City Council that the Petitioner's request for Reclassification to C5 Highway Commercial upon annexation to the City of McHenry be granted; that the Petitioner's request for a Conditional Use Permit to allow the construction and operation of a restaurant having a drive-through facility be granted; that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, have been met; and that Table 31, the Approval Criteria for Conditional Uses, page 357-358 of the Zoning Ordinance, have been met. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. � Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. ADIOURNMENT Motion by Lovett, seconded by Meyer to adjourn the hearing. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. This hearing was adjourned at 8:32 p.m. es ectf u I ly s 'tted, Harry mrow, Chairman Zoning Board of Appeals � c: Zor�ing Board of Appeals Members (7), Plan Commission Members (7), City Adrninistrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, File Copy.