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HomeMy WebLinkAboutMinutes - 1/26/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS JAN UARY 26, 1998 CITY OF MCHENRY L IN THE MATTER OF THE APPLICATION OF ) Z-442 GEORGE BRALES AND TED ZATOS AND ) Zatos/Brales GEORGE VOUTIRITSAS FOR A CONDITIONAL ) USE PERMIT, PURSUANT TO THE ZONING ) 4400 W Elm St ORDINANCE OF THE CITY OF MCHENRY, ) Conditional Use 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 )anuary 12, 1998, and recessed to this date. Cf�airman Semrow called the hearing to order at 8:32 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: John Howell. 2. Attorney for Zoning Board: David W. McArdle. L 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. 5. P��titioners: George Brales, 1112 Honeyhill, Addison, IL 60101; Ted Zatos, 1415 Stone Avenue, Addison, IL 60101 . 6. Attorney for Petitioner: James Cowlin, 4108A West Crystal Lake Road, McHenry, IL 60050. 7. City Council Members and Staff: Alderman Andrew Glab, City Administrator John Lobaito, Plan Commission Chairman Vicki Sheppard. 8. Court Reporter: None. 9. Registered Observers/Objectors: 1 . Elizabeth Miner (rep. Don Roberts Beauty School), 607 Concord Dr, Woodstock I L 60098 2. Matthew N. Zurpas, 4411 Home Ave, McHenry IL 60050 3. Aleen Tiffany, Esq., 666 Russel Ct, Ste 300, Woodstock IL 60098 4. Arthur Tiffany, 4411 Home Ave, McHenry IL 60050 � 5. Charlaine Tiffany, 4411 Home Ave, McHenry IL 60050 6. Kenneth A. Miller, 1506 Ramble Rd, McHenry IL 60050 7. Max N. Koch, 1508 N. Flower St, McHenry IL 60050 8. Pat Koch, 4517 W. Home Ave, McHenry IL 60050 Page 2 ZBA-Zatos/Brales 1/26/98 9. Gloria & Steven Segerstrom, 4513 Home Ave, McHenry IL 60050 10. Kim Bodishbaugh, 1509 N. Richmond Rd, McHenry IL 60050 � 11 . Shannon E. Kottke, 801 Hilltop Blvd, McHenry IL 60050 12. George Heuer, 4508 W Home Ave, McHenry IL 60050 13. Cary Bruce (rep. Eagle Foods), 4400 W. Elm St, McHenry IL 60050 14. Michael Larsen, 1507 Ramble Rd, McHenry IL 60050 15. Helen Hankins, 4609 Home Ave, McHenry IL 60050 16. Skyline FOTO Fast, 4400 W. Elm St, McHenry IL 60050 17. Walter Steffens, 1414 Ramble Rd, McHenry IL 60050 1��. Jeff Steffens, 1414 Ramble Rd, McHenry IL 60050 1 G. Jason Fowler, 3706 W. Timothy Ln, McHenry IL 60050 2C�. Bret Willhoit, 3813 Prestwick St, McHenry IL 60050 NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on December 27, 1997. 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 at 4400 West Elm Street, McHenry, Illinois, and is located in the portion of the building formerly occupied by Spurgeon's Department Store. It is comprised of approximately 12,000 square feet. � SUMMARY The Petitioners are requesting a Conditional Use Permit to allow an indoor amusement establishment for teens and young adults, i.e. musical entertainment (D.J.), dancing, pool tables, video arcade games, non-alcoholic juice bar, and minimal food service (pizza). Chairman Semrow citing the fact that relevant information had not been received by the Members of the Board, asked for a motion to recess this hearing until the Board has had time to review information provided relevant to the Petition. MOTION TO RECESS Motion by Christensen, seconded by Lovett, to recess this hearing to Monday, February 2, 1998 at 7:30 p.m. in the City of McHenry Municipal Center with no change to the Agenda Voting Aye: Cadotte, Christensen, Ekstrom, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Lovett. Motion carried 6-0. This hearing was recessed at 8:38 p.m. Respectfully submi d, � Harry Se w, Chairman Zoning B ard of Appeals c: Zoning Board of Appeals Members(7),Plan Commission Members(7),Planner,PW Administration,City Engineers,Aldermen Reference Copy, Petitioner,Observers/Objectors(20),B&Z Zoning File,Landmark Commission Chairman, Northwest Herald, Star Newspaper, File Copy. Z-442 ZONING BOARD OF APPEALS JAN UARY 26, 1998 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-444 MIDWEST BANK OF MCHENRY COUNTY AND ) Midwest Bank JEANNINE PACKEL FOR MAP AMENDMENT AND ) CONDITIONAL USE PERMIT UPON ) Bull Valley Road ANNEXATION, PURSUANT TO THE ZONING ) Map Amendment ORDINA'�CE OF THE CITY OF MCHENRY, ) Conditional Use 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 January 26, 1998. Chairman Semrow called the hearing to order at 7:30 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, Chuck Lovett, )on Meyer, Harry Semrow. Absent: John Howell. 2. Attorney for Zoning Board: David W. McArdle. � 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. 5. Petitioners: Midwest Bank represented by Steve Karaba, 3912 Neblick, Prairie Grove, Illinois 60014. 6. Attorney for Petitioner: Madsen, Sugden, & Gottemoller represented by )oseph Gottemoller, One North Virginia Street, Crystal Lake, Illinois 60014. 7. City Council Members and Staff: Alderman Andrew Glab, City Administrator )ohn Lobaito, Plan Commission Chairman Vicki Sheppard. 8. Court Reporter: None. 9. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on January 9, 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. Page 2 ZBA-Mldwest Bank 1/26/98 LOCATION �- The subjE�ct property is located on the South side of Bull Valley Road, 500 feet west of the intersecti��n of Bull Valley Road and Crystal Lake Road. SUMMARY The Petitioners are requesting the following upon annexation to the City of McHenry: 1. the subject property be classified C-2 Neighborhood Commercial Zoning District; 2. the subject property be granted a Conditional Use Permit to allow a financial institution wi+h a drive-through facility. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: 1 . Steve Karaba, President of Midwest Bank, 3912 Niblick, Prairie Grove, Illinois 60014. 2. James Loeppert, Engineer, 917 S. Hi-Lusi Avenue, Mt. Prospect, Illinois 60056. Attorney Gottemoller noted the Petitioners have agreed with the points stated in the Staff Report. The Petitioners are seeking C-2 Neighborhood Commercial Zoning and a Conditional Use Permit to allow the operation of a financial drive-through facility. Mr. Loeppert testified on behalf of the Petitioners. He stated the subject property is located southwest of the intersection of Bull Valley Road and Crystal Lake Road, on Bull Valley Road. `' the proposed footprint of the building is 5,000 square feet. There would be four drive up windows, an ATM lane, and a bypass lane. A 36 foot wide access drive on the eastern boundary is being proposed having three lanes: one inbound; one outbound left-hand turn only; on outbound right-hand turn only. More than adequate parking is being provided: 42 spaces. Ordinance requires 5/1,000 square feet. The site is comprised of approximately 3 acres. There are 283 linear feet of lot frontage and the proposed Floor Area Ratio is .057. Mr Loeppert pointed out that only half of the site would be developed at this time with the remainder being reserved for future expansion should that become necessary. In addition, storm water management is being provided onsite with a detention basin. A non-point discharge arrangement is being planned at this time. No new gully or drainage way would be created by surface water runoff. Chairman Semrow noted he had received a telephone call from adjacent property owner, Gordon Stade, who advised he has no problem with the proposed development of the subject property. His only concern is regarding the surface water runoff draining onto his property which is at a much lower elevation than the subject property. He asked that the Petitioner provide evidence this would be prevented from happening. Loeppert stated the runoff would be released at no more than the current rate. The water would percolate through the dike so there would be no new gully created. Loeppert said the onsite lighting would be downlit sodium. �" Attorney Gottemoller went over the Approval Criteria for Map Amendments and Conditional Use Permits as stated in the Petition. He also pointed out there would be only one residential property immediately adjacent to the subject property. This residence would be to the northwest of the site. Page 3 ZBA-Midwest Bank 1/26/98 �-' UESTIC)NS BY MEMBERS OF THE BOARD Cadotte E�xpressed concern regarding the egress/ingress of the property. Loeppert said the access drive would be 36 feet wide. There would be a 12 foot inbound lane; a 12 foot outbouncl left-turn lane; a 12 foot outbound right-turn lane. Cadotte said he thought there may be a prol�lem with traffic impact with so many potential access drives being located close together, similar to the current situation existing on Crystal Lake Road: McHenry State Bank; Ace Hardware, Post Office, Marathon, Alden Terrace, etc. Cadotte asked if a traffic study had been done. Loeppert said there had been no study. He did not know the projected number of cars which would traverse this site on a daily basis. Semrow <<sked the distance from the Haystacks Manor access drive from the subject property's west bou�idary. Loeppert said it was about 150 feet to the west. Christensen asked if any thought had been given to a left turn lane from the east to accommodate traffic entering the site. Loeppert said no turn lane had been requested by Staff. Christensen asked if the Petitioner would be opposed to installing a left turn lane should traffic volume dictate that one would be advisable. Semrow expressed concern regarding the hill and curve on Bull Valley Road in relation to the subject property and point of ingress/egress. He said he was concerned regarding the intersection of Brookwood Trail and Bull Valley Road being in such close proximity to the proposed access drive. He asked if it would be possible to move the access point to the `-' western boundary so that it would be directly across from Brookwood Trail. Loeppert said it would not be possible. The property boundaries do not match. In addition, there is a curve and hill on Bull Valley Road at this point which might present a safety hazard. Semrow opined that he would like to see some type of cross-easement agreement with adjacent property owners in order to reduce the number of curb cuts and access drives onto Bull Valley Road. General discussion followed regarding the placement of the access drive on the subject property and the possibility of cross easement agreements. Meyer said the curve on Bull Valley Road might make left-hand turns very difficult for traffic entering the site from the east. Semrow asked if the water management area would be retention or detention. Loeppert said it would be a detention area as it would basically be dry and its purpose is to slow down surface water runoff. Christensen asked about the architectural basin proposed for the area in front of the building. Loeppert said the purpose of this basin is to provide air and light to the basement of the building. In this way, the building could have two usable floors even though it is a single story building. The basement area would have a community room for social organizations to meet. Ekstrom asked what direction the expansion would take place if it were required. Loeppert said expansion would be to the south if needed. Clarification of the onsite traffic pattern was sought. Loeppert noted traffic will enter the site and travel counterclockwise through the drive- �' throu h lanes or ATM lane g , park or exit the site. Semrow asked how much expansion is contemplated. Karaba said there is none at the present time. If it becomes necessary, the building would be expanded to the south. Lovett asked if parking requirements would be met should the expansion occur. Karaba noted there is more than adequate parking being Page 4 ZBA-Midwest Bank 1/26/98 provided; but, if need be, additional parking spaces could be added. � Cadotte ��sked which facility holds the Bank Charter. Karaba said the Union facility holds the Charter. This site opened in 1911; Algonquin opened in 1994. The proposed McHenry facility would be the third in McHenry County. The McHenry facility would be a full service banking i�acility, specializing in consumer banking. Ekstrom �isked the hours of operation. Karaba said there would be 24-hour on-line banking on which consumers could get requested information over the phone. In addition. banking hours would be as follows: Lobby Monday thru Thursday Friday Saturday 9:00 a.m. - 4:00 p.m. 9:00 a.m.-7:00 p.m. 9:00 a.m.-noon Drive-up Monday thru Friday Saturday 7:00 a.m.-7:00 p.m. 7:00 a.m.-1:00 p.m. Ekstrom asked what types of transactions would be permitted at the drive-up window. Karaba said most transactions could be handled at either the drive-up or lobby window. Real estate taxes wo�ald be accepted at the facility. No utility bill payments or license plate renewals would be taken, however. Semrow asked if there would be sufficient lighting by the ATM machine to provide safety for � any users of the facility. Loeppert said it would be well lit. Karaba said there is a security camera which would be aimed at the ATM machine as well as one which would view the entire drive-up area. This would assist with security and safety for patrons using the ATM machine. CLOSING STATEMENT BY PETITIONERS Attorney(�ottemoller stated the proposed use of a financial facility is consistent and compatible with the surrounding uses. The Petitioners have complied with the Approval Criteria necessary for granting both the map amendment and the conditional use permit. The Petitioners have attempted to lessen the impact on the adjacent single family residence. The Petitioners agree with the Staff Recommendations as follows: 1 . Only one access point shall be permitted; it shall be located at the east property line. 2. The permitted ground sign for this site shall be located near the east property line. 3. The circulation pattern for the drive-through shall direct traffic entering the site away from the residential property to the north. 4. The required landscaping and berming along the north property line shall be installed in accordance with City ordinances. 5. The building shall be set back a minimum of 120 feet from the front property line. In addition, the Petitioners would agree to a cross-easement agreement with the property owner to the immediate east of the subject property. � Lovett asked why the Petitioners have elected to build a facility in McHenry. Karaba said it is the belief the trend of development and growth in this area supports a new banking facility. Page 5 ZBA-Midwest Bank 1/26/98 Christensen asked if at some future point the City determined a left turn lane was needed on L-- Bull Vall��y Road in order to better facilitate traffic flow, would the Petitioners be willing to bear a pc�rtion of the cost for the implementation. Karaba said the Bank would be open to listening to the City and to assist in the best way possible to help keep traffic flowing in the area. Chairmar� Semrow said, "there being no further testimony before the Board with regard to this matter, the Board will consider the Petition 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." DELIBERATION AND RECOMMENDATION Motion by Meyer, seconded by Ekstrom, to recommend to the City Council that the Petitioner's request for a Map Amendment from A-1 County Agricultural to C2 Neighborhood Commercial Zoning District 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 financial institution with a drive- through facility be granted;and that Table 31, The Approval Criteria for Conditional Uses, pages 357-358, have been met; and that Table 33, The Approval Criteria for Zoning Amendments, page 401, have been met. Voting Aye: Cadotte, Christensen, Ekstrom, Lovett, Meyer, Semrow. `-- Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. ADIOURNMENT There being no further business before the Board with regard to this matter, this hearing was adjourned at 8:30 p.m. � Respe fully s mitted, Harry mrow, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members p),Plan Commission Members p),Planner,PW Administration,City Engineers,Aldermen Reference Copy, Petitioner,B&Z Zoning File,Landmark Commission Chairman, Northwest Herald,Star Newspaper, File Copy. Z-441 �.