Loading...
HomeMy WebLinkAboutMinutes - 4/26/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS ---I�P�RIt�;�99�--- CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) OF BILL ANEST AND PETER ANEST, ) Z-362 D/B/A S & S P=TROLEUM PRODUCTS, ) ANEST/MCDONALD'S �. RECORD TITLE iOLDERS, AND ) AMENDMENT/CONDITIONAL USE/VARIANCE MCDONALD'S CO�PORATION, A DELAWARE ) CORPORATION, ;ONTRACT PURCHASER, ) FOR AMENDMENT TO THE PROVISIONS OF ) THE ZONING OR)INANCE OF THE CITY ) OF MCHENRY ANI) FOR ISSUANCE OF A ) CONDITIONAL USE PERMIT UNDER THE ) PROVISIONS OF THE ZONING ORDINANCE ) OF THE CITY OF MCHENRY, AND FOR A ) VARIANCE OF THE TERMS OF 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 26, 1993. Vice Chairman Tobeck called the hearing to order at 7:40 p.m. The following persons were in attendance: 1. Zoning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon, John Swierk, Donna Tobeck. Chairman Semrow arrived at 7:55 p.m. Absent: Emil Kleemann. �„ 2. Attorney for Zoning Board: Absent. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: McDonald' s Corporation represented by Samuel Hutchinson, 7814 Pillow Hill Road, Spring Grove, Illinois 60081. 6. Attorney for the Petitioner: Militello, Zanck and Coen represented by Thomas Zanck, 40 Brink Street, Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: Cheryl Barone. 9. Objectors: 1. Gary Reinwall , 3816 W Bull Valley Rd McHenry 2. Stewart Hoak, 3816 W Bull Valley Rd McHenry 3. Marian Reinwall Hoak, 3816 W Bull Valley Rd McHenry 4. Robert Greene, 4005 Kane Avenue McHenry. NOTICE OF PUBLICATION ----------------- Notification of this hearing was published in the Northwest Herald on April 9, 1993. The Publisher's Certificate of Publication regarding this matter is on file in the � City Clerk's Office. Notification was made to all abutting property owners. An affidavit of service and posting of the subject property is on file with regard to this matter. ZBA-Anest/McDonald's 4/26/93 SUMMARY The Petitioners request that upon annexation to the City of McHenry the subject property be reclassified to C-3 with a conditional use to permit the construction and `.- operation of a drive-in establishment and that a variance be granted as to the minimum lot width for both lots of the proposed subdivision. LOCATION OF SUBJECT PROPERTY The property which is the subject of this petition is located at the northeast corner of the intersection of Bull Valley Road and Route 31. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) Thomas C. Zanck, 40 Brink Street, Crystal Lake Illinois 60014. 2) Michae? Assad, 425 Martingale, Schaumburg, Illinois. 3) Tom Nierman, 1326 West Beach, Crystal Lake Illinois 60014. 4) Samuel T. Hutchinson, 7814 Pillow Hill Road Spring Grove Illinois 60081. 5) Vince E. Van De Venter, 425 martingale, Schaumburg, Illinois. Attorney Zanck said that the subject property is currently zoned B-1 in McHenry County. McDonald' s Corporation has entered into a contract to purchase the western half of the tract (Parcel 1 of the tract) . The property to the immediate north of the subject property is zoned B-1 in the County. The property to the West is zoned C-5 in the City of McHenry. The property to the south is zoned B-3 with a variance and B-1 with a conditional use in the County. The property to the east is zoned A-1 in the County. Under the Comprehensive Plan for McHenry County and the Comprehensive Plan for the City of McHenry this property is designated as commercial . Zanck said the site plan for the subject property indicates there would be right turn � only from Route 31 into the site and right turn only out of the site onto Route 31. Michael Assar testified that McDonald's would prefer to be annexed into the City rather than �,tay in the County jurisdiction. Assad said that the site plan being proposed would have two access points for the entire tract: one on Route 31, one on Bull Valley Road, probably at the southeast corner of the tract. This development would bring city water/sewer lines to the site. The Bull Valley access point would be on parcel II of the tract (not McDonald's property) . Assad said there would be stacking room for 10 cars for the drive-up windows. Assad said a three window facility is being proposed. The purpose for each window would be as follows: 1) order is placed to a person; 2) money is paid; 3) merchandise is picked up. Christensen asked Assad if the parking which is being proposed would be adequate for the site. Assad said it should be adequate. It is anticipated that most of the traffic through the site would be drive-up window traffic. Dixon asked if there would be adequate stacking space on-site. Assad explained the three-window facility and said that the three windows should expedite the traffic at the windows; ten stacking spaces should be more than adequate. Dixon asked the proposed location for the access to the site from Bull Valley Road. Assad said the access point ��ould be either the center southern boundary of the property between the ' two parcels o� at the extreme southeast corner of the site on parcel II. Assad said the second alternative would be the most likely. Adamson asked if access would be gained to parcel I (McDonald site) from Bull Valley � Road across ��arcel II . Assad said that would be correct. Some type of access easement would have to be granted to McDonald's. Assad said it would be a cross easement. Page3 ZBA-Anest/McDonald's 4/26/93 Chairman Semrow asked what type of screening would be provided by the Petitioner from Parcel II where there is an existing residential use which is less intense than that which is bein� proposed at this hearing for parcel I. Semrow asked if the Petitioner � had given ary consideration to some type of screening to protect the existing residential use on parcel II. Assad said there had been no consideration to any screening frcm the residential use to the east. Tom Nierman gave a brief overview of the landscaping plan which is being proposed for the site. Nierman said the Petitioner has set out to meet the requirements of the zoning ordinance. Nierman described in detail the proposed plantings which would be used in the landscape plan for the subject property. John Swierk asked Nierman if the Petitioner has met the minimum 10% landscaping requirement for the site. Zanck said that the Petitioner is not asking for a variance with respect to the landscaping requirements of the City. At time of building permit issuance the Petitioner would be required to submit a landscape plan which would meet all requirements of the zoning ordinance, including the minimum 10% landscaping of the subject property. Samuel T. Hutchinson provided the Board with an overview of the type of exterior materials which would be used in the construction of the proposed facility. Hutchinson stated that he owns nine McDonald's restaurants in McHenry County. He has been asked to submit an application for the subject franchise as well . Hutchinson said that he contracts with local landscape firms to maintain the premises of each of his McDonald's restaurants, so that they remain neat and trim during all seasons of the year. Semrow asked the proposed hours of operation for the facility. Hutchinson said they `.- would be exactly the same as the other McDonald restaurant in the McHenry area. Christensen asked how Hutchinson would be able to get semi-trucks into the site for delivery of supplies. Assad said smaller sized trucks and more frequent delivery would probably be used. They would probably enter the site from the access point on Bull Valley Road and cut through the south point of the building, exiting the site onto Route 31. Swierk asked if on-site traffic would be one way. Assad said it would; traffic would move in a counter clockwise direction. Swierk asked if the variance was being requested due to any action on the part of the Petitioner. Zanck said the Petition�r has not caused the hardship which requires the variance as to minimum lot width to be requested. McDonald's is only being offered the opportunity to purchase parcel I of the entire tract. Swierk asked if Anest could still build a gas station on parcel II. Zanck said that zoning which has been approved would only be in effect if the proper�y remains in the county and is not annexed to the City. If the subject property is annexed into the City and the zoning which is being requested at this hearing is granted, then the approval of the gas station on parcel II would no longer be at issue. &2 Swierk asked if any other variances are being sought by the Petitioner, other than the minimum lot width. Zanck said no other variance is being sought. Swierk said that with reference to the annexation agreement which is attached to the petition, what if sewer is not available to this site. Zanck said this is merely a preliminary draft of the annexation agreement which has not been reviewed by the City at this � time. ZBA-Anest/McDonald's 4/26/93 Semrow asked if City capacity would be adequate to handle this development. Assad said they ha��e been assured there is adequate capacity and the sewer line is within 1600 feet of this site, across the street on the hospital property. � Swierk asked if the Petitioner would object to the stipulation of one exit/entrance to the entirE� subdivision from Bull Valley Road. Zanck said they would not object to such a st� pulation. Christensen asked how many entrances were approved by the County for the service station which has been issued a permit. Zanck said he believed four access points were approved for those plans, although he did not have those plans with him at this time. QUESTIONS OF _PETITIONER BY THE OBJECTORS Stewart Hoak: Hoak said he lives adjacent to parcel II of this tract. He asked if the access drive to the subdivision from Bull Valley Road would be paved and how would the drainage flow from the subject property. Assad said the access drive would be paved. The engineering for the site would be subject to approval by the City and drainage would be directed so that increased flow to the abutting properties would not occur. Robert Greene: Greene asked what type of sign is being proposed by McDonald's. Zanck said staff has indicated that a ground sign would be preferable to a pole sign on this site. However, if a variance is being sought or if McDonald's chooses to erect a pole sign, the City Council would address this request and it would not be required to be presented before this Board. CLOSING STATEMENT BY PETITIONER `�.. Zanck said this is an awkward but unique situation for McDonald's and the City of McHenry. The City can take charge of the development of this site through zoning, platting, additional real estate taxes, etc. There will be much traffic generated by a McDonald's restaurant on this site. This would provide good tax revenue for the City. The Petitioner requests that the Zoning Board grant the C-3 zoning which is being requested at this hearing, and that the conditional use to permit a drive-in establishment and a variance as to minimum lot width be granted. STATEMENTS BY THE OBJECTORS Stewart Hoak: "My only objection is which direction the water will be going once it leaves this property. That question was answered. Another issue may come up with regard to trash covering the countryside, styrofoam cups on the roadway. But I imagine that will be taken care of if the problem occurs. " Chairman Semrow said, "there being nothing further before this Board with regard to this Petition, 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". � Page5 ZBA-Anest/McDonald's 4/26/93 DELIBERATION AND RECOMMENDATION Motion by Sw=erk, seconded by Christensen to recommend to the City Council that `. the Petitioner's request for reclassification to C-3 Community Commercial District from B-1 Neighborhood Business District in McHenry County be granted; that a conditional use to permit the construction and operation of a drive-in establishment be granted; that a variance as to minimum lot width of 200 feet be grarted; that one point of egress/ingress drive on Bull Valley Road for the two pai•cel subdivision be stipulated in the terms of granting these zoning request:s; that the Petitioner shall meet all code and ordinance requirements with rE�gard to the construction and operation of the facility including but not lirr�ited to parking, landscaping and screening; that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the zoning ordinance have been met; that the Approval Criteria for Conditional Use, Table 31, pages 357-358 of the Zoning Ordinance have been met; and that the Approval Criteria for Variances, Table 32, pages 376-377 of the zoning ordinance have been met. Voting Aye: Adamson, Christensen, Dixon, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Kleemann. Motion carried 6-0. ADJOURNMENT Motion by Christensen, seconded by Adamson to adjourn this hearing at 8:55 p.m. �. Voting Aye: Adamson, Christensen, Dixon, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Kleemann. Motion carriE,d 6-0. Hearing adjourned at 8:55 p.m. Respectfully submitted, Harry Se ow, Chairman Zoning Board of Appeals c: Agenda. Zoning Board of Appeals (7) , Plan Commission (7) , City Administrator, Director of Building & Zoning, Public Works Administration, Objectors (2) , City Ergineers, Aldermen Reference Copy, Petitioner, Building & Zoning Zoning File, L.andmark Commission Chairman, Northwest Herald, City Clerk File. Doc/ZBAMIN.3E�2 �