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HomeMy WebLinkAboutMinutes - 12/10/2014 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Minutes December 10, 2014 Chairman Strach called the December 10, 2014 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Bromley, Nadeau, Doherty, Sobotta, Strach, and Thacker. Absent: Vallez. Also in attendance were: Director of Economic Development Martin and Planning, City Attorney Kelly Cahill and Zoning Secretary Wolf. Approval of Minutes Motion by Nadeau, seconded by Bromley, to approve the minutes of the Planning and Zoning Commission Meeting as presented: October 22, 2014, regularly scheduled meeting. Voting Aye: Bromley, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Doherty. Absent: Vallez. Motion carried 5-0. Resolution Establishing 2015 Commission Meeting Dates Motion by Nadeau, seconded by Bromley, to pass a resolution establishing the 2015 Planning and Zoning Commission meeting schedule as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. 21 Wednesday 18 Wednesday 18 Wednesday MARCH - 7:30 P.M. APRIL - 7:30 P.M. MAY - 7:30 P.M. 15 Wednesday 13 Wednesday 17 Wednesday JUNE - 7:30 P.M. JULY - 7:30 P.M. AUGUST - 7:30 P.M. 22 Wednesday 19 Wednesday 16 Wednesday SEPTEMBER - 7:30 P.M. OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. 21 Wednesday 18 Wednesday 16 Wednesday DECEMBER - 7:30 P.M. Voting Aye: Bromley, Nadeau, Doherty, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 6-0. Planning and Zoning Commission December 10, 2014 Page 2 Public Hearing: Jeffrey Scott Hunt File No. Z-845 620 S. Illinois Route 31, Units 6B and 8 Use Variance to allow construction of a medical cannabis dispensary under the Compassionate use of Medical Cannabis Pilot Program Act and any other Variances required to effectuate the aforementioned request Chairman Strach stated the Public Hearing regarding File No Z-845, an application for a Use Variance to allow construction of a medical cannabis dispensary under the Compassionate use of Medical Cannabis Pilot Program Act and any other Variances required to effectuate the aforementioned request on the subject property as submitted by Jeffrey Scott Hunt for the property located at 620 S. Illinois Route 31, Units 6B and 8, in the City of McHenry, has been requested to be continued to the January 21, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission by the applicant. Motion by Nadeau, seconded by Doherty, to continue the hearing for file Z-845 as requested by Jeffrey Scott Hunt to the January 21, 2015 regularly scheduled meeting of the Planning and Zoning Commission: Voting Aye: Bromley, Nadeau, Doherty, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 6-0. Public Hearing: White Oaks of McHenry, LLC File No. Z-848 4605 W. Crystal Lake Rd. (currently unincorporated) Zoning Map Amendment to C-2 Neighborhood Commercial upon annexation to the City of McHenry; Conditional Use Permit to allow an Institutional use; and any other variances required to allow the construction of a memory care facility Chairman Strach stated the Public Hearing regarding File No Z-848, an application for a Zoning Map Amendment to C-2 Neighborhood Commercial upon annexation to the City of McHenry; Conditional Use Permit to allow an Institutional use; and any other variances required to allow the construction of a memory care facility on the subject property as submitted by White Oaks of McHenry, LLC, for the property located at 4605 W. Crystal Lake Rd., currently in unincorporated McHenry County, has been requested to be continued to the January 21, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission by the applicant. Motion by Nadeau, seconded by Sobotta, to continue the hearing for file Z-848 as requested by White Oaks of McHenry, LLC to the January 21, 2015 regularly scheduled meeting of the Planning and Zoning Commission: Planning and Zoning Commission December 10, 2014 Page 3 Voting Aye: Bromley, Nadeau, Doherty, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 6-0. Public Hearing: TMC Illinois 2, LLC, an IN LLC (representing CVS Pharmacy) File No. Z-846 Northwest Corner of Front St. (IL Route 31) and Elm St. (IL Route 120) Conditional use permit to allow a drive-in establishment; variances from the Zoning and Subdivision Control Ordinances and consideration of a preliminary and final plat of subdivision Chairman Strach called the Public Hearing to order at 7:38 p.m. regarding File No Z-846 an application for a conditional use permit to allow a drive-in establishment; variances from the Zoning and Subdivision Control Ordinances; and consideration of a preliminary and final plat of subdivision as submitted by TMC Illinois 2, LLC, an IN LLC (representing CVS Pharmacy) for the property located at the northwest corner of Front St. (IL Route 31) and Elm St. (IL Route 120). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on November 25, 2014. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were Mark Bettenhausen, Vice President of Real Estate, 501 Pennsylvania Parkway, Suite 160, Indianapolis, IN; and Bradley Prischman, Civil Engineer, 7325 Janes Ave., Woodridge, IL who were sworn in by Chairman Strach. Attorney Peter Bazos provided a summary of the request before the Commission at this Hearing stating he is representing TMC Illinois 2, LLC, an Indianapolis-based real estate development firm, which represents CVS Pharmacy out of Rhode Island in finding, acquiring, developing and turning over to CVS new, ready-to-open pharmacies throughout the Midwest. They have completed a long and complicated process of negotiating multiple contracts with multiple owners for the purchases of multiple pieces that comprise this site. This will involve demolition of several buildings and followed by construction of a new 13, 225 sq. ft. full service CVS 24-hour Pharmacy that will also sell packaged and fresh food, packaged liquor, and will render other standard services. The petition seeks approval for a preliminary and final plat of subdivision, the sale of the remaining Merlin Muffler property back to the original owner/operator, an additional conditional use for a drive through, and certain other variances required by the City and special signage approval. The property does present some unique difficulties in terms of development and intersection approval from IDOT. The proposed plan will reduce number of access points on Front Street from two to just one full access point at the northeast corner and will cause a dedicated left turn lane to be installed for traffic travelling on west Elm St. turning into the property. The project will result in a dramatic cleanup of the corner and a modern useful building. Attorney Bazos stated he believes they have met all the requirements set forth and thanked Director of Economic Development Martin for all the guidance and assistance given over many months of discussions stating they are asking for a recommendation in support of the petition presented. Mark Bettenhausen spoke about the site plan and explained the substantial length of time assembling the project to bring it to this point and the demolition and resale of current buildings on the properties Planning and Zoning Commission December 10, 2014 Page 4 in order to provide full circulation around the buildings left in the final project while also providing full access to Front St. and an access off of Route 120. They intend to provide nice green space and storm retention in the rear of the property. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the proposal does not include demolition of the portion of the building which currently houses Merlin Muffler but does include razing 3918 Elm, which adjoins the Merlin business. As a result of the aforementioned reasons CVS is proposing to subdivide the three-acre site into two lots and sell back to Merlin proposed Lot 2 on the proposed plats of subdivision included as part of the application packet, and Lot 1 will encompass the entire CVS development. The City engineer has done a preliminary review and due to topography, location on state routes, being situated on a corner lot and the fact the proposed CVS is a redevelopment, their entitlement request includes the following which the Planning and Zoning Commission must consider as part of the project: • Conditional Use Permit to allow a drive-in establishment; Conditional Use Permit and Variances from the Zoning Ordinance • Variance from the minimum required lot width requirement in the C-5 zoning district, from 200’ to 116’ for lots abutting an arterial roadway for proposed Lot 2 (Merlin Muffler); • Variance from the foundation base landscaping and screening requirements in the zoning ordinance to eliminate the requirement for foundation base landscaping on the front (south side of building) and side (east side of building) for a new CVS building to be constructed on proposed Lot 1; • Variance from the residential screening strip requirement along the northerly property line (A.P. Freund Field abutting subject property (only proposed Lot 1 since Merlin building is preexisting) to north); • Variance to allow a refuse disposal area between the corner side lot line and the principal CVS building; • Any other Variances which may be necessary to otherwise authorize the construction and development of a CVS Pharmacy in substantial conformance with the site and landscape plans and architectural elevations as submitted. Director of Economic Development Martin stated Staff believes the applicant’s plan is in substantial conformance with the drive-in establishment guidelines the City Council adopted as a policy document for drive-in facilities proposed within the City and its conditional use permit guidelines. As previously stated the subject property is challenging in many aspects, not the least of which are the topographical conditions. While an internal connection/shared driveway with the Merlin site to the west is desired, due to the degree of fall in elevation throughout the site this is not possible. There is an approximately 20-foot grade change from the northeast part of the subject property to the southwest part (adjacent to proposed Lot 2-Merlin site). There is a retaining wall proposed between the ingress/egress to Lot 1 (CVS site) and the Merlin site (Lot 2). There is a four-five foot grade change between this proposed ingress/egress and the Merlin site to the west, thus a shared access is not possible. An initial review letter from the Illinois Department of Transportation as well as a traffic impact study was submitted by the applicant. Safe ingress and egress to/from the site is a major concern. Currently, there are five full access points along the north side of Elm Street, from the Merlin site on the west to the corner of Front and Elm on the east. The redevelopment of the site will reduce this number to two full access points along the north side of Elm. Planning and Zoning Commission December 10, 2014 Page 5 Front Street north of Elm Street is under City of McHenry jurisdiction, and south of Elm Street and the intersection of Front Street are under Illinois Department of Transportation jurisdiction. There are currently two full access points on the west side of Front St. north of Elm which serve the subject property. The proposed site plan reduces this to one full access point, which essentially remains unchanged (as it is now), and will also be a shared access point for patrons seeking to utilize the parking on the south side of A.P. Freund Field. As part of their off-site improvements, CVS will widen and extend the existing eastbound left turn lane along Elm Street so patrons desiring to access the CVS site from Elm will be able to so from a marked left hand turn lane. Additionally, CVS will restripe the thermoplastic markings on Elm Street where the existing eastbound left hand turn lane is currently. The site plan for the proposed CVS includes pavement markings so people wishing to access the drive- thru from Front or Elm are appropriately directed. Director of Economic Development Martin stated staff would recommend the following additional directional signage: a freestanding drive-thru directional sign at the south west part of the site (arrow point to the east) and two yield signs-east of the proposed building within the landscape island so people traveling northbound are instructed to yield to vehicles accessing the drive-thru from Front Street. He continued to state staff believes with these recommendations the applicant has satisfied the approval criteria set forth in Table 31 of the zoning ordinance for conditional use permits and thus supports the requested conditional use permit for a drive-in establishment. The following variances from the zoning ordinance are being requested: Zoning Variances • Variance from the minimum required lot width requirement in the C-5 zoning district, from 200’ to 116’ for lots abutting an arterial roadway (proposed Lot 2-Merlin site); • Variance from the foundation base landscaping and screening requirements in the zoning ordinance to eliminate the requirement for foundation base landscaping on the front (south side of building) and side (east side of building) (CVS building on proposed Lot 1); • Variance from the residential screening strip requirement along the northerly property line (A.P. Freund Field abuts subject property to north) (CVS building on proposed Lot 1); • Variance to allow a refuse disposal area between the corner side lot line and the principal building (CVS building on proposed Lot 1). As previously stated the primary justification for variances relate to unique circumstances attributable to the property in question and must deal with the physical aspects of the site such as topography and shape/configuration which generally are not applicable to other properties within the same zoning district. The subject property includes many challenges which satisfy these conditions including: variations in elevation across the site, location along two state routes, and one of those state routes, Front Street is also a City roadway, site is unique shaped, curvilinear along Elm and as previously stated this plan is an amalgamation of four different properties with easements and restrictions dating back over 35 years ago, one of the properties (Firestone) is a flag lot or property without any frontage and utilizing a common ingress/egress from Front Street. Director of Economic Development Martin stated Staff supports all of the requested variances and believes the applicant has satisfied the criteria outlined in Table 32. Planning and Zoning Commission December 10, 2014 Page 6 Finally the applicant is proposing a two-lot subdivision as part of this project, and requests for consideration of simultaneous recommendation for approval of the preliminary and final plats and associated variance in relation thereto. These requests include: Preliminary and Final Subdivision Plat Approval and Variances from the Subdivision Control and Development Ordinance • Simultaneous approval of the preliminary and final subdivision plats; • Variance from the subdivision control and development ordinance to exceed the maximum driveway slope; • Any other Variances which may be necessary to otherwise authorize the construction and development of a CVS Pharmacy in substantial conformance with the preliminary and final plats as submitted. Director of Economic Development Martin stated Staff has reviewed the plat and it is in substantial conformance with the requirements set forth in the subdivision control and development ordinance. Engineering for the site is being reviewed by HR Green. The city engineer has completed an initial review and determined there are no issues which will impact/alter the layout/division of lots as currently proposed. The developer is in the process of resubmitting engineering plans based on the initial review and all major comments must be addressed prior to City Council consideration. The subdivision control and development ordinance states: “The subdivider may submit a final plat simultaneously with the submission of a preliminary plat if the proposed subdivision meets all of the following requirements: A. The proposed subdivision contains three or fewer lots; and B. The proposed subdivision does not require or create any new public rights-of-way or easements for access; and C. The proposed subdivision requires no extensions of public utilities and no new public facilities; and D. The proposed subdivision does not include any territory that is located in a Special Flood Hazard Area, or contain any proposed lots that may be unbuildable because of the nature of the soils located thereon. Variations from the provisions of these regulations may be authorized by the City Council, after recommendation by the Planning and Zoning Commission, in accordance with the provisions of this Section, if it finds an extraordinary hardship or practical difficulty that results from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal.” Along with the reasons previously stated regarding the variances requested from the zoning ordinance, Director of Economic Development Martin stated staff believes the applicant meets the criteria outlined in the subdivision control and development ordinance as stipulated above and recommends: Approval of a Conditional Use Permit to allow a drive-in establishment on the subject property (proposed Lot 1) and the following Variances: Planning and Zoning Commission December 10, 2014 Page 7 • Variance from the minimum required lot width requirement in the C-5 zoning district, from 200’ to 116’ for lots abutting an arterial roadway for proposed Lot 2; • Variance from the foundation base landscaping and screening requirements in the zoning ordinance to eliminate the requirement for foundation base landscaping on the front (south side of building) and side (east side of building) (proposed CVS building-Lot 1); • Variance from the residential screening strip requirement along the northerly property line (A.P. Freund Field abuts subject property to north) (proposed Lot 1); • Variance to allow a refuse disposal area between the corner side lot line and the principal building (proposed Lot 1); • Any other Variances which may be necessary to otherwise authorize the construction and development of a CVS Pharmacy in substantial conformance with the site and landscape plans as submitted. With the following conditions: the existing Firestone freestanding sign is removed and associated appurtenances disconnected and removed; additional directional signage including: a freestanding drive-thru directional sign at the southwest part of the site (arrow point to the east) and two yield signs- east of the proposed building within the landscape island so people traveling northbound are instructed to yield to vehicles accessing the drive-thru from Front Street are added to the proposed site plan; and the subject property is developed in substantial conformance with the Layout and Paving Plan (Site Plan) prepared by NORR LLC dated October 17, 2014 with a latest revision date of November 26, 2014 consisting of one page; Exterior Building Elevations prepared by NORR dated October 17, 2014 consisting of one page; and a Landscape Plan prepared by Daniel Weinbach & Partners dated November 26, 2014 with a latest revision date of November 26, 2014 consisting of one page; and Director of Economic Development Martin stated Staff finds that the requirements in Tables 31 (Conditional Use Permit) and Table 32 (Variances) of the Zoning Ordinance have been met; and Approval of the Preliminary and Final Plat of Subdivision for CVS/Pharmacy McHenry and Variance from the subdivision control and development ordinance to exceed the maximum driveway slope with the following conditions: • Compliance with comments by the City Engineer and Illinois Department of Transportation; • Preliminary Plat is in substantial conformance with the Preliminary Plat of Subdivision of CVS/Pharmacy McHenry prepared by V3 Companies dated October 17, 2014 with a latest revision date of November 25, 2014 consisting of two pages; • Final Plat is in substantial conformance with the Final Plat of Subdivision of CVS/Pharmacy McHenry prepared by V3 Companies dated October 17, 2014 with a latest revision date of November 25, 2014 consisting of two pages; • Plat is recorded within six months of City Council approval by ordinance; • Perpetual public utility, parking and ingress/egress easement is conveyed to City of McHenry, along north property line of subject property so parking along the southern property line of A.P. Freund Field can be utilized, maintained and any City utilizes can be accessed, repaired, replaced, etc. Easement language shall be included on final plat and also depicted on final plat; • Any other Variances which may be necessary to otherwise authorize the construction and development of a CVS Pharmacy in substantial conformance with the site and landscape plans as submitted. Planning and Zoning Commission December 10, 2014 Page 8 Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty asked if the trash compactor that is visible on the plans near the entrance at Route 120 will be shielded and/or landscaped. Mr. Bettenhausen stated it will be enclosed by masonry that matches the building and will be approximately 2’ taller than the trash compactor. The gate will be looking west when opened, not facing the street. While landscaping is not proposed in that area at this time, they can try to add curb and shrubs if requested by council. Commissioner Nadeau stated his concern at the southwest entrance to the pharmacy for the left turn lane and inquired if people can be directed to go around the building instead. He also inquired as to the busiest times expected for pharmacy traffic. Mr. Bettenhausen stated the engineer did a traffic study as requested by IDOT and the study showed the left in and out would function in that area. There were, of course, times it would not work as well as others, but it was considered a working option for traffic. He also stated the busiest times for the pharmacy are generally 4:00-6:00 pm. and that particular access point is required for conditional approval from CVS. Mr. Bettenhausen stated they understand the concern but this intersection has never seen this type of use for comparison purposes and there will definitely be better visibility . He stated CVS is sensitive to any concerns noted. Director of Economic Development Martin stated IDOT must approve any and all access points and the business right next to this property has full access. He further stated to have a functioning business and accommodate the plan, the access points are a major consideration. He asked the commissioners to keep in mind the properties are going from 5 access points to 1. Attorney Bazos stated CVS is going to extend the left turn lane to the eastbound traffic. He said the situation is not ideal but they believe it is improved and CVS has been insisting on full access on both streets in their negotiations. Commissioner Thacker opined it appears by the plans patrons will be able to d go around the building and come out on Front Street instead of accessing Route 120. Mr. Bettenhausen and Mr. Prischman agreed that the ability to maneuver around the property to avoid turning onto Route 120 is definitely present. Commissioner Thacker inquired if the CVS pharmacy drive-thru is generally as busy as Walgreens. Mr. Bettenhausen replied it can get busy but Walgreens is busier. The CVS design is a much better set up and allows stacking of 8 cars with a by-pass lane around the entire property. It is a perfect location for a 24-hour pharmacy. Director of Community Development Martin stated both properties are redevelopments and the CVS layout is much cleaner than Walgreens. It is a large investment and CVS wants to be sure it’s successful and they can compete with the other properties. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 8:05 p.m Commissioner Doherty asked if the intersection at Routes 120 and 31 is slated to be widened. Director of Economic Development Martin stated IDOT is looking at that area now and they are constrained for space in that area but they are looking at the long term planning of the intersection and this property and its redevelopment is part of the overall review. Planning and Zoning Commission December 10, 2014 Page 9 Commissioner Thacker asked Mr. Prischman, the engineer, to give a brief explanation of how the storm water challenges were addressed in regard to different elevations, etc. on the property. Mr. Prischman responded the elevation at the proposed drive on Elm is the highest elevation and on Front it is the lowest. The site is laid out with the demolition of the Firestone property to create a service detention area that will look like a nice wetland planting area. Based on detention requirements they will provide a smaller underground storm water vault under the parking lot and the two areas will work together and connect to the Front Street storm sewer which will help hold the volume to a minimum. Piping will be installed within the existing drive and it the drive will be newly paved and nicely landscaped Commissioner Bromley asked how steep the maximum driveway grading will be and if cars may bottom out due to the grade. Mr. Prischman stated the max grading is 10% and max by code is 7% which is the reason a variance is required. He further stated they take care to implement grade transition zones so “bottoming out” doesn’t happen and there is enough room to establish that. Commissioner Strach inquired if they had dealt with the issue of a 10% grade area before. Mr. Prischman responded they have had to work with a 10% grade many times before and there are minimal issues. Mr. Bettenhausen stated there is a lot of room to work with the slope and it won’t look as obnoxious as the numbers seem to make it appear. Commissioner Nadeau asked how snow and ice issues on the slopes of the drive has been addressed. Mr. Prischman stated they recommend to the store to be sure to hire a plow manager who will salt regularly and often especially on the slopes. Motion by Thacker, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-846, as presented by applicant TMC Illinois 2, LLC, an IN LLC (representing CVS Pharmacy) and located at the northwest corner of Front St. (IL Route 31) and Elm St. (IL Route 120), approval of a Conditional Use Permit to allow a drive-in establishment on the subject property (proposed Lot 1) and the following Variances: • Variance from the minimum required lot width requirement in the C-5 zoning district, from 200’ to 116’ for lots abutting an arterial roadway for proposed Lot 2; • Variance from the minimum required lot width requirement in the C-5 zoning district, from 200’ to 116’ for lots abutting an arterial roadway for proposed Lot 2; • Variance from the foundation base landscaping and screening requirements in the zoning ordinance to eliminate the requirement for foundation base landscaping on the front (south side of building) and side (east side of building) (proposed CVS building-Lot 1); • Variance from the residential screening strip requirement along the northerly property line (A.P. Freund Field abuts subject property to north) (proposed Lot 1); • Variance to allow a refuse disposal area between the corner side lot line and the principal building (proposed Lot 1); • Any other Variances which may be necessary to otherwise authorize the construction and development of a CVS Pharmacy in substantial conformance with the site and landscape plans as submitted. With the following conditions: the existing Firestone freestanding sign is removed and associated appurtenances disconnected and removed; additional directional signage including: a freestanding Planning and Zoning Commission December 10, 2014 Page 10 drive-thru directional sign at the southwest part of the site (arrow point to the east) and two yield signs- east of the proposed building within the landscape island so people traveling northbound are instructed to yield to vehicles accessing the drive-thru from Front Street are added to the proposed site plan; and the subject property is developed in substantial conformance with the Layout and Paving Plan (Site Plan) prepared by NORR LLC dated October 17, 2014 with a latest revision date of November 26, 2014 consisting of one page; Exterior Building Elevations prepared by NORR dated October 17, 2014 consisting of one page; and a Landscape Plan prepared by Daniel Weinbach & Partners dated November 26, 2014 with a latest revision date of November 26, 2014 consisting of one page, be granted and the requirements in Tables 31 (Conditional Use Permit) and Table 32 (Variances) of the Zoning Ordinance have been met. Voting Aye: Bromley, Doherty, Sobotta, Strach, and Thacker. Voting Nay: Nadeau. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 5-1. Commissioner Nadeau stated his vote reflected his concern for safety issues with the left turn lane onto Route 120 and hopes that access point is reviewed closely when the issue is brought before Council. Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-846, as presented by applicant TMC Illinois 2, LLC, an IN LLC (representing CVS Pharmacy) and located at the northwest corner of Front St. (IL Route 31) and Elm St. (IL Route 120), approval of the Preliminary and Final Plat of Subdivision for CVS/Pharmacy McHenry and Variance from the subdivision control and development ordinance to exceed the maximum driveway slope with the following conditions: • Compliance with comments by the City Engineer and Illinois Department of Transportation; • Preliminary Plat is in substantial conformance with the Preliminary Plat of Subdivision of CVS/Pharmacy McHenry prepared by V3 Companies dated October 17, 2014 with a latest revision date of November 25, 2014 consisting of two pages; • Final Plat is in substantial conformance with the Final Plat of Subdivision of CVS/Pharmacy McHenry prepared by V3 Companies dated October 17, 2014 with a latest revision date of November 25, 2014 consisting of two pages; • Plat is recorded within six months of City Council approval by ordinance; • Perpetual public utility, parking and ingress/egress easement is conveyed to City of McHenry, along north property line of subject property so parking along the southern property line of A.P. Freund Field can be utilized, maintained and any City utilizes can be accessed, repaired, replaced, etc. Easement language shall be included on final plat and also depicted on final plat; • Any other Variances which may be necessary to otherwise authorize the construction and development of a CVS Pharmacy in substantial conformance with the site and landscape plans as submitted, be granted and all requirements of the Zoning Ordinance have been met. Planning and Zoning Commission December 10, 2014 Page 11 Voting Aye: Bromley, Nadeau, Doherty, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-846 at 8:20 p.m. Public Hearing: City of McHenry File No. Z-849 Property immediately west of the Municipal Center, north of Municipal Dr. and East of Knox Dr. Conditional use permit to allow an assembly use (recreation center); Variance to allow two principal buildings and uses on one zoning lot; Variance from the off-street parking and loading requirements, and any Variances required to allow the construction of an approximately 17,000 square-foot recreation center Chairman Strach called the Public Hearing to order at 8:29 p.m. regarding File No Z-849 an application for a Conditional use permit to allow an assembly use (recreation center); Variance to allow two principal buildings and uses on one zoning lot; Variance from the off-street parking and loading requirements, and any Variances required to allow the construction of an approximately 17,000 square- foot recreation center as submitted by the City of McHenry for the property located immediately west of the City of McHenry Municipal Center, north of Municipal Drive and East of Knox Drive in McHenry, IL 60050. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on November 22, 2014. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating The City of McHenry is proposing to construct an approximately 17,000 square-foot recreation center west of the Municipal Center. The proposed recreation facility is the first building in a multi-phased master-planned campus-style recreation-oriented development and will ultimately include a gymnasium and aquatic park/facility. Identified in the City of McHenry Parks and Recreation Master Plan as a priority for the City by residents/businesses, the recreation center would house City parks and athletic programs currently operated from numerous facilities citywide including: the Municipal Center, other City-owned facilities (Lakeland Park Community Center), as well as space utilized at McHenry School District 15 and 156 buildings. The Municipal Center was constructed in 1991, and since that time the City population has grown from 16,117 (1990 census) to 26,992 residents (2010 census), a 67% increase. The construction of the recreation center will assist in facilitating interior alterations to the Municipal Center which will better accommodate space needs of the police department, as well as allow a more user-friendly customer service reconfiguration to assist residents and customers. Planning and Zoning Commission December 10, 2014 Page 12 The proposed recreation center requires an additional Conditional Use Permit for an assembly use. The subject property which currently includes the Municipal Center and proposed recreation Center is approximately 17.8 acres and is zoned RS-1 Low-Density Single-Family Residential. Assembly uses are conditional uses in all residential zoning districts. Additionally, variances to allow multiple principal buildings and uses on one zoning lot and number of parking spaces are required. Table 31 in the zoning ordinance outlines the approval criteria for conditional use permits. The proposed recreation center will include a separate point of ingress/egress off of Municipal Drive, will include an interconnection with the Municipal Center lot and is located along a collector roadway designed to accommodate the anticipated traffic demand associated with the proposed use. Staff does not believe there will be any adverse effects relating to noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district. Director of Economic Development Martin stated staff believes the proposed use will fit harmoniously with the existing character and be compatible with surrounding land uses. Additionally, the use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The proposed recreation center will be an enhancement to the existing Municipal Center Campus which includes government offices and is adjacent to Knox Park athletic facilities and Peter J. Merkel Aquatic Center (community pool). The proposed use will enhance the adjacent area and provide opportunities for residents to drive/walk to the facility and will not require community facilities or services to a degree disproportionate to that normally expected of permitted uses in the zoning district nor generate disproportionate demand for new services or facilities. Additionally, the municipal center offices and police station located directly adjacent to the proposed recreation center will allow various economies of scale from an emergency response as well as from a staff and servicing standpoint. The proposed use will not be detrimental to the safety or health of the employees, patrons or visitors associated with the use nor of the general public in the vicinity but will provide a benefit to the adjacent properties, the City as a whole, and provide opportunities to draw people to the community to take advantage of the proposed facility. Staff believes the proposed recreation center is in harmony with all other elements of compatibility and satisfies all approval criteria in Table 31 of the zoning ordinance. Two variances are required to construct the proposed 17,000 square-foot recreation building. The first is to permit the two principal buildings and uses (municipal center and proposed recreation center) on one zoning lot and a variance from the off-street parking requirements. The site plan depicts 52 parking spaces for the proposed 17,000 square-foot recreation center. The recreation center is considered an assembly use which requires .25 parking space/person design capacity of the facility. Design capacity is determined using minimum square-footages in accordance with building code requirements which correlate to specific areas within the building and what the proposed uses of those areas are. The occupant load for the proposed recreation center is approximately 545 people which equates to 136 required parking spaces in accordance with the City’s zoning ordinance. The current municipal center building is approximately 30,000 square feet and contains 140 parking spaces. Although the parking requirement is much greater than what is actually being proposed for the recreation building there are some key considerations which make this a unique situation. Currently, McHenry County utilizes a portion of the City of McHenry Municipal Center to operate a branch of the Planning and Zoning Commission December 10, 2014 Page 13 22nd Judicial Circuit Court. This will cease as of January 1, 2015, which will allow the City to utilize the court lobby and associated space adjacent to the City Council Chambers for other uses. It will also free- up parking within the existing Municipal Center lot, which can be utilized as overflow parking for the proposed recreation center. Many of the programs which will be conducted at the proposed recreation center are currently conducted from the Municipal Center, and there will be personnel currently housed in the Municipal Center relocated to the recreation center. In 2006 there were approximately 60 people housed in the Municipal Center Building. Currently the number of employees in the Municipal Center building has decreased by approximately 20 employees or 1/3 of what it was in 2006. This is primarily due to employee layoffs, attrition, department and position consolidations and purchase of the public works facility. Many of the programs which will be conducted at the recreation center are operated outside of the normal business hours of the Municipal Center (Monday thru Friday/8:00 a.m. to 5:00 p.m.). Additionally, while the parking required is calculated based on design capacity of the building it is extremely unlikely the calculated number of people permissible within the building will actually be occupying the building at the same time. The zoning ordinance provides a provision whereby required parking for different uses may be provided collectively, similar to shared or complimentary parking (same parking used on different days/times for different purposes). Further required parking for uses other than single-family detached and attached dwellings may be provided on a separate lot (in this case-same zoning lot) if both lots are under common ownership or possession and as long as the nearest point of the shared parking area is within 300 feet walking distance from the nearest entrance to the use served. In this instance the parking spaces existing in the Municipal Center lot will be within 300 feet of the main entrance of the proposed recreation center. Table 32 in the zoning ordinance outlines the approval criteria for variances. The proposed variances do not relate to the personal, business or financial circumstances of the property owner, City of McHenry, and as such the proposed variances are unique to the property, its proximity to abutting City-owned properties and facilities, and the physical characteristics and circumstances attributable to this property generally are not applicable to other properties. The granting of the proposed variances if not granted will deprive a reasonable use/enjoyment of the property and impact in a negative manner the quality of life of City residents and businesses. Staff believes the granting of the variances will not alter the character of the surrounding area nor impair environmental quality, property values or public safety/welfare but will enhance the subject property, adjacent and surrounding properties in the immediate vicinity and City as a whole. Director of Economic Development Martin stated It is staff’s belief the granting of the variances is in harmony with the general purpose and intent of the zoning ordinance, comprehensive plan, parks and recreation master plan and City of McHenry strategic plan and long-term vision and goals for the community. Additionally, the proposed recreation center correlates and is consistent with the needs and desires of the residents as identified by a survey and summarized in the Parks and Recreation Master Plan list of priority projects. Planning and Zoning Commission December 10, 2014 Page 14 Chairman Strach invited questions and/or comments from the Commission. Discussion was held regarding the parking requirements for the proposed project. Director of Economic Development Martin stated the staffing in the Municipal Center is not slated to be increased but reorganization is basically allowing more space mainly for the police department and there will no longer be the need for County court parking. The numbers seem drastic but the actual impact will not be that drastic. The assembly use category was created after the present Municipal Building was built. There will actually be extra parking spaces available at this building that can be shared by the new recreation center building. Director of Economic Development Martin further opined there will not be an issue with the parking. Commissioner Doherty addressed the economics of the project regarding whether we would be in competition with other fitness centers in the area and if there was a number known of the number of students in the programs that will be offered in the recreation center. Director of Economic Development Martin replied the fitness center aspect of the programming in the new recreation center is not the only utilization of the new space and that most of the space will be used for programming of classes. The City currently rents other facilities from the schools and we now would have the opportunity to consolidate many of the classes all in one area. Chairman Strach opined the City has previously stated it is not their intent to be in a competition status and this plan will allow the current and future programs to be in one facility dedicated to programming. Chairman Strach opened the floor to questions and comments from the audience. William Busse stated when he was Mayor the City had the opportunity to buy 34 acres of land but didn’t do that. Everyone was always wondering why so much land was bought anyway, however, and now with this project it is proving to be a perfect use for the land. Chairman Strach closed the public comment portion of the hearing at 8:45 p.m Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File No. Z- 849 as presented by applicant City of McHenry and located immediately west of the City of McHenry Municipal Center, north of Municipal Drive and East of Knox Drive in McHenry approval of: A Conditional Use Permit for an assembly use to allow the construction of an approximately 17,000 square foot recreation center with the condition the subject property is developed in substantial conformance with the site, landscape and architectural elevations submitted as part of the application packet be granted and that all requirements in Table 31 of the zoning ordinance have been met; and Variances from the required off-street parking requirements and a Variance to allow two principal buildings and uses on one zoning lot with the condition the subject property is developed in substantial conformance with the site, landscape and architectural elevations submitted as part of the application packet be granted and that all requirements in Table 32 of the zoning ordinance have been met. Voting Aye: Bromley, Nadeau, Doherty, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 6-0. Planning and Zoning Commission December 10, 2014 Page 15 Chairman Strach closed the Public Hearing regarding File No. Z-849 at 8:46 p.m. Staff Report The next meeting of the Planning and Zoning Commission will be Wednesday January 21, 2015. There is an application for a use variance for a medical marijuana dispensary at 616 S. IL Rt. 31 and zoning and variances needed for a memory care facility at 4605 W. Crystal Lake Rd., which is currently in unincorporated McHenry County, on file. Adjournment Motion by Nadeau, seconded by Doherty, to adjourn the meeting at 8:46 p.m. Voting Aye: Bromley, Nadeau, Doherty, Sobotta, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 6-0. The meeting was adjourned at 8:46 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry