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HomeMy WebLinkAboutMinutes - 01/17/2013 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes January 17, 2013 Chairman Schepler called the January 17, 2013 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach, and Thacker. Absent: None. Also in attendance were: Deputy City Administrator Martin, City Attorney Kelly Cahill, and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission Meeting as presented: October 18, 2012 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Resolution Establishing 2013 Commission Meeting Dates Motion by Buhrman, seconded by Nadeau, to pass a resolution establishing the 2013 Planning and Zoning Commission meeting schedule as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 17 Thursday 21 Thursday 14 Thursday APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M. 25 Thursday 16 Thursday 13 Thursday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 25 Thursday 15 Thursday 19 Thursday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 17 Thursday 7 Thursday 12 Thursday Voting Aye: Buhrman, Doherty, Strach, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Planning and Zoning Commission January 17, 2013 Page 2 File No. Z-806 1506 N. Richmond Road Variances from the Subdivision Control and Development Ordinance In attendance was William Nettleton, 3320 Cardington Way, Johnsburg, owner of the property at 1506 N. Richmond Road, regarding his request for variances from the subdivision control and development ordinance for the property located at 1506 N. Richmond Road Mr. Nettleton summarized his request to expand his existing driveway to allow easier access to Richmond Road in conjunction with the future highway construction. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted Mr. Nettleton is proposing to construct a horseshoe-style driveway and is seeking a second driveway cut onto Richmond Road. In order to do this three variances from the Subdivision Control and Development Ordinance are required: variance from the 100’ total frontage requirement for two driveway cuts; variance from the 50’ separation requirement between two driveway cuts and a variance from the 5’ property line setback requirement for driveways. Deputy City Administrator Martin stated the subject property is located along north Richmond Road, and the applicant is requesting the driveway variances to expand the existing driveway so vehicles can easily turn around on the property. Currently, vehicles must back into traffic on Richmond Road, and expanding the current driveway towards the home would still not allow a vehicle to make a 180 degree turn to exit safely onto Richmond Road. Expanding the driveway to the south is the only remedy for vehicles to completely turn around on the subject property and exit safely onto Richmond Road. The property directly north of the subject property has an existing horseshoe-style driveway. Deputy City Administrator Martin stated staff believes the applicant has a major hardship, and the three variances are justifiable. There is not enough land area between the house and Richmond Road to expand the current driveway and provide an adequate space to turn vehicles around. Staff believes backing onto Richmond Road at this location is not safe or practical. The three variances all relate to space constraints on the property. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Thacker asked how much of the front yard of the property will be taken by IDOT and whether the neighbors to the south have any objections. Mr. Nettleton responded IDOT is taking approximately 2-4 feet and that he gets along with the neighbors and they have not voiced an objection to him. He also stated due to the placement, a reconfiguration of his driveway will not disturb the neighbors’ driveways in any way. Mr. Nettleton further stated as a result of the construction on Route 31 and a median curb line being added, his driveway will only have a one-way entrance and exit. Chairman Schepler opened the floor to questions and comments from the audience. He noted there was no one in the audience who wished to address the commission on this matter. The public comment portion of the meeting was closed at 7:40 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to City Council approval of the following variances: Planning and Zoning Commission January 17, 2013 Page 3 Variance from the 100’ frontage requirement for two driveway cuts Variance from the 50’ separation requirement between two driveways Variance from the 5’ setback requirement for driveways for the property located at 1506 N. Richmond Road, with the condition the site is developed in substantial accordance with the plans prepared by Edward Varga, PE dated 7/27/12 with a latest revision date of August 9, 2012 and including any additional revisions suggested by the City Engineer, as presented. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Commissioner Doherty and Chairman Schepler recused themselves from further proceedings and left the meeting at 7:44 p.m. Chairman Schepler stated Vice-chairman Buhrman will serve as chair for the remainder of the meeting. Public Hearing: Thorntons Inc. File No. Z-805 1404 N. Richmond Road (NE Corner of Route 31 and Pearl St.) Conditional Use Permit, Zoning Map Amendment and Variances from the Zoning Ordinance Vice-chairman Buhrman called the Public Hearing to order at 7:45 p.m. regarding File No Z-805 an application for: 1. Zoning map amendment for the western portion of the property from RS-4 High-Density Single- Family Residential to C-4 Downtown Commercial; 2. Conditional use permit to allow for an automobile fueling station; 3. Variance to reduce the required foundation base landscaping to five (5) feet in front (south side) of the convenience store; 4. Variance to eliminate the landscape parking island requirement in the main parking row in front (south side) of the convenience store; 5. Variance from the 15-foot residential screening strip required along the north property line adjacent to the existing City right-of-way; 6. Any other variance required to develop the subject property with an automobile gas station and convenience store in accordance with the plans submitted as part of the Planning and Zoning Commission public hearing application, as submitted by Thorntons Inc. for the property located at 1404 N. Richmond Road Vice-chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on December 30, 2012. Notices were mailed to all abutting property owners of record as required by Planning and Zoning Commission January 17, 2013 Page 4 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 representing Thorntons Inc were: Eric Zoph, 1505 Old Harrods Creek Rd, Anchorage, KY, VP of Construction and Environmental Concerns Richard Claes, 400 N. Michigan Avenue, Chicago, IL, former President and CEO Peter Lemmon, 233 S. Wacker, Chicago, IL, Traffic Engineer Mike MacKinnon, 400 N. Michigan Avenue, Chicago, IL, Real Estate Manager John Colomer, Property Owner Mark Saladin, Zanck, Coen, Wright & Saladin, P.C., attorney on behalf of John Colomer, property owner. who were sworn in by City Attorney Kelly Cahill. City Attorney Kelly Cahill explained the rules and procedures of the public hearing to the audience. She further noted the Planning and Zoning Commission is a recommending body only and that City Council will make the final decision at a future meeting. Mike MacKinnon provided a summary of the request before the Commission at this Hearing. He stated Thorntons is a family owned chain with 20 stores in Central Illinois and 40 in Northeast Illinois, including 5 recently in McHenry and Lake Counties. They currently have a station under construction in Fox Lake, which is the same prototype the McHenry store would be modeled after. Mr. MacKinnon stated half of the property they are hoping to purchase is zoned C4 and half is zoned Residential. Thorntons would need the zoning on the entire property to be C4. He stated variances are being requested for better care of the property, better visibility, and to allow the use of the alley behind the property. Thorntons has addressed the needs expressed at a neighborhood meeting held on November 15, 2012, including increasing tree sizes, providing more landscaping screening and fencing, using led lighting, and removing air pumps. Dedicated left and right turn lanes on Pearl and dual left turn lanes from Route 120 to Richmond Road will increase the efficiency of traffic flow. He stated the traffic is already there and Thorntons will generate a minimal amount of additional traffic in the area, it is just a minimal stopping point being added. Steve Hovany, former planner with the Village of Schaumburg, helped Thorntons prepare an economic impact study. Sale tax revenue generated from a Thornton’s in McHenry could exceed $358,000 per year with gas at $2.75 per gallon. He stated Thorntons is committed to working with the City’s engineers, H.R. Green, to request IDOT make an all red phase on the light at the Richmond/Peal intersection to give pedestrians a chance to cross Richmond Road safely. He also stated they will continue sidewalks through the driveway lineage. Mark Saladin, representing John Colomer, the owner of the subject property, stated Thorntons developed the site plans already meeting the needs of the community as addressed in a neighborhood meeting, including environmental concerns. The zoning concerns are what need to be addressed in this hearing. Mr. Saladin stated the City supports a change in zoning for the property from residential to commercial. Two sides of the property are already not residential. Route 31/Richmond Road will be improved later this year. Previous attempts at developing the property did not include Route 31 improvements being done in conjunction with the development. Those improvements are beginning soon and will take care of many traffic concerns. Revenue impact for this site with the fuel tax, property tax, and motor fuel tax revenue is immense. Mr. Saladin stated the owner of the property is entitled to do something with his property of the highest and best use. Other commercial uses that could be Planning and Zoning Commission January 17, 2013 Page 5 approved include drug stores, grocery stores, liquor stores and pawn shops. It is his opinion that a Thorntons at this location is a better use for this area and he asks for commission approval of the requests. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted many different types of land uses have been proposed on the property in the past including an Advance Auto Parts store in 2005 and a strip mall in 2006 including Cardinal Fitness. Thorntons is proposing to construct a gas station with 14 fueling positions and a convenience store. Full access is proposed from Pearl Street, and a second right-in/right-out access is proposed on the north side of the site. Deputy City Administrator Martin presented correspondence from two McHenry residents regarding the Thorntons zoning hearing into the public record. Zoning Map Amendment In regard to the zoning map amendment from RS-4 to C-4, Deputy City Administrator Martin stated the property poses a unique challenge due to its proximity to downtown, location along a major roadway and the fact it lies in the middle of an older established residential neighborhood. It is in close proximity to many different land uses, including single-family homes, apartments, a church, a bank drive-thru and office building. Deputy City Administrator Martin stated staff does not believe residential zoning is appropriate for this site. The traffic on both Route 31 and Pearl Street are not conducive to allowing additional residential dwellings. Also, Route 31 will be expanded to a five-lane cross section from Illinois Route 120 on the south to Washington Street in the near future. He stated staff supports commercial zoning for this location in theory, which is consistent with past staff recommendations on previous projects considered on the subject property; however, each project is different and must be evaluated separately regarding potential adverse impacts with surrounding land uses and in accordance with all criteria set forth in the zoning ordinance. For the proposed project, proximity to residential development and general character of the area are priority considerations which need to be addressed. Conditional Use Permit In regard to the conditional use permit to allow an automobile gas station with 14 fueling stations, two access points are proposed. Deputy City Administrator Martin stated the full access is located off of Pearl Street approximately 220 feet east of Richmond Road and the second, right-in/right-out, access is proposed 240’ feet north of Pearl Street off of an existing City right-of-way. The petitioner is proposing to utilize and improve the existing alley abutting the property to the north. If the City does agree to vacate the alley, an easement will be necessary to ensure access to the two residential properties to the north, 1408 N Richmond Road and 3513 Broad Street, which utilize the alley for access to their properties. Deputy City Administrator Martin stated staff believes if the proposed gas station and convenience store are constructed, the intersection of Pearl Street and Green Street will be negatively impacted even more than it currently is, particularly during peak hours in the morning and evening. Many motorists utilize this intersection as a diversion to go westbound on Pearl and south on Richmond Road back to Elm Street (Illinois Route 120). The proposed access on Pearl Street is located 220 feet east of Richmond Road. Additional traffic generation will occur with the proposed use, and staff does have concerns, particularly during peak a.m. and p.m. hours and with no dedicated left-hand turn lane into the Planning and Zoning Commission January 17, 2013 Page 6 property, with traffic heading eastbound on Pearl Street to enter the site backing up close to the intersection at Richmond and Pearl. Deputy City Administrator Martin further stated the conditional use permit criteria staff believes the proposed project does not satisfy are: traffic, neighborhood character, environmental nuisance and public safety and health. Staff has concerns regarding traffic spillover and the impact to the surrounding neighborhood, specifically the intersection of Pearl Street and Green Street and additional traffic which may bypass Pearl Street and travel north to Broad Street and Washington Street to cut-through the neighborhood to avoid traffic on Pearl Street. Staff also has concerns, relating to proximity of residential homes and glare as opposed to light trespass, particularly from ambient lighting and the wall lighting packs proposed on three sides of the building. Deputy City Administrator Martin also stated staff believes the proposed gas station is not compatible with the homes directly abutting the site and the larger neighborhood adjacent to Veterans Park, which is only two blocks away and an integral public space which contributes to the residential and historic character of the area. Another aspect of the neighborhood is pedestrian activity. Staff opines the residential pedestrian traffic dynamic will also be interrupted by the placement of Thorntons at this location, as pointed out by the city engineer, H. R. Green. Deputy City Administrator Martin stated staff does not support the proposed automobile fueling station and convenience store proposed at the northeast corner of Pearl Street and Richmond Road for these reasons. Variances Deputy City Administrator Martin stated the applicant is seeking variances to reduce the required foundation base landscaping requirement from ten (10) feet to five (5) feet in front (south side) of the convenience store, and a variance to eliminate a required landscape parking island (1 island/15 parking spaces required) in the main parking row in front (south side) of the convenience store. Lastly they are requesting a variance from the 15-foot residential screening strip required along the north property line adjacent to the existing City right-of-way. Deputy City Administrator Martin stated staff supports all three variances being requested. The applicant has provided five-feet of foundation base landscaping on the south side of the building where practical. Staff believes the loss of one parking lot landscape island on the south side of the convenience store is minimal and will not adversely impact adjacent properties. Deputy City Administrator Martin stated a variance is also being requested to eliminate the 15-foot residential screening strip at the northwest corner of the property. Currently, there is not a 15-foot landscape strip adjacent to the City right-of-way. If the City right-of-way is vacated a 15-foot landscape strip would not be practical at this location. Deputy City Administrator Martin further clarified staff’s recommendation regarding the requests:  Staff’s recommendation for the zoning map amendment is consistent with past requests which came before the Planning and Zoning Commission and requested commercial zoning map amendments for this property. Staff is recommending Approval of the Zoning Map Amendment Planning and Zoning Commission January 17, 2013 Page 7 from RS-4 High-Density Single-Family Residential to C-4 Downtown Commercial. Staff finds that the requirements set forth in Table 33 have been met.  Although staff supports the zoning map amendment, the proposed conditional use permit must be evaluated individually and potential adverse impacts to adjacent properties must be considered for this particular project. Staff recommends Denial of the Conditional Use Permit for an automobile fueling station with convenience store. Staff finds the requirements set forth in Table 31 have not been met.  Staff supports Approval of the following variances:  Variance to reduce the required foundation base landscaping to five (5) feet in front (south side) of the convenience store;  Variance to eliminate the landscape parking island requirement in the main parking row in front (south side) of the convenience store;  Variance from the 15-foot residential screening strip required along the north property line adjacent to the existing City right-of-way; with the following conditions:  The project is developed in accordance with the site plan prepared by Marchris Engineering dated 12/18/12 with a latest revision date of 1/7/13, landscape plan prepared by Countryside Industries Inc. dated 12/7/12 with a latest revision date of 1/7/13 and building elevations prepared by snidesign submitted as part of the Planning and Zoning public hearing application;  A monument-style sign (no more than eight feet in height) shall be utilized for the project as opposed to a 15-foot high pole sign (sign will have to be relocated to conform to site vision clearance triangle requirements). Staff finds the requirements set forth in Table 32 have been met. Dan Curran, attorney from the law firm of Campion, Curran, Lamb and Cunabaugh, P.C, on behalf of The Church of Holy Apostles, St. Patrick’s Church, St. Mary’s Church and their respective parishioners, presented an objection statement. Mr. Curran expressed concerns with the location of this use on the subject property. He stated the parishioners are not opposed to commercial use on the subject property but opine a limited use more in keeping with the surrounding area would be more appropriate. Mr. Curran stated the traffic study submitted by Thorntons Inc assumed two full access sites to the property, which is not what is proposed or allowed and the only full access will be on Pearl Street. Photos were put into record showing traffic backing up as much as ten cars deep on Pearl Street at various times. Mr. Curran stated the objection to the proposed use at this particular location is largely due to the heavy traffic and jeopardy to safety of the children. Children in McHenry must be walkers if they live within a mile and a half of their school and would have to cross two busy driveways on Pearl Street and Richmond Road. Mr. Curran questioned how the City would really increase revenue if traffic to the Thorntons is actually just 90% bypass traffic, as suggested by Thorntons. He opined it would actually be revenue that is basically being moved from one station to another and will also take revenue away from existing convenience stores in the area. Planning and Zoning Commission January 17, 2013 Page 8 Mr. Curran compared the difference between C4 downtown commercial zoning and C5 highway commercial zoning. He opined the proposed Thorntons is more compatible with a C5 zoning district and, therefore, is not compatible with the City’s Comprehensive Plan. Mr. Curran presented information suggesting the Thorntons lighting plans cause light pollution and light spillage which will change the character of the neighborhood. Mr. Curran also presented information suggesting a 58’ truck servicing Thorntons at this location would not be able to access the property without traveling on property owned by a neighbor, even after acquiring the alley. He stated past comments by city officials on previous unapproved proposals for the subject property include: increased traffic influx in neighborhood is not appropriate; safety; and use is not coherent with character of the area. He further stated past suggested uses for the subject property proposed less traffic than this use and would not have been open 24 hours a day, 7 days a week, and 365 days a year and would not be illuminated 24 hours a day. Mr. Curran asked the Commission to consider a negative recommendation and presented a petition with approximately 1000 signatures in opposition to the proposal to be entered into the record. Mr. Saladin responded that the precise engineering done in the traffic impact study, which was performed by qualified engineers, needs to be relied on when researching and considering traffic impact for this proposal. He also stated America is built on healthy competition and although Mr. Curran stated the objectors have no problem with a commercial use on the subject property, they objected to every single item in Thorntons application. Discussion ensued regarding the percentage of traffic into the subject property coming from the north. Mr. Curran stated the staff report and traffic study state 50% of the traffic will come from the north. Mike MacKinnon replied people do not typically cross a major street to get into a gas station so the correct percentage of traffic coming from the north would be only approximately 20%. Mr. MacKinnon also stated traffic backed-up on Pearl St. will be alleviated with the construction and cut through traffic will be reduced with the increased lanes on Richmond Road, Pearl Street, and Route 120 along with lane widening. Also, Pearl St. will be two lanes with the construction which will reduce the queue lane on Pearl St. waiting for access onto Richmond Road Mr. MacKinnon stated the next gas station on the East side of Route 31/Richmond Road is in Johnsburg. If Thorntons does not go in, many people will leave their tax dollars at that Johnsburg gas station rather than in the City of McHenry. Statistics predict that most people pulling in for gas tend to stay on the same side of the road for convenience when possible. Mr. MacKinnon clarified that Thorntons is allowed a conditional use within the C4 zoning district. There were formerly 3 gas stations at Route 31 and Route 120. One is being eliminated with the IDOT construction, so Thorntons would be replacing one existing station. Thorntons would also install a 6’ board on board fence, which along with the garages, trees and shrubbery, would allow very little spillover of the wall pack lighting at the lot line. Eric Zoph stated that he has worked for Thorntons for 23 years and they are a good company that strives to coexist and reinvest in flourishing communities. They are a company that is outstanding in investing in their existing assets, building first class facilities and assuring their properties will not ever get run- down and will always be taken care of. Mr. Zoph also stated Thorntons would be open to revisions if the commission desires. They are very cooperative and will do what is right for McHenry. In response to the discussion regarding the percentage of traffic coming from the no rth to the subject property, Peter Lemmon, Thorntons Traffic Engineer, clarified that Table 6 in the traffic study report stated traffic coming from the north via Richmond Road would be 20%. He also stated the initial traffic Planning and Zoning Commission January 17, 2013 Page 9 study did include two full accesses, on Richmond Road and Pearl Street, however that study is being revised to include a right in, right out access which is more restrictive and less impactful in terms of traffic and which H R Green concurred with. Discussion ensued regarding the traffic study and traffic counts performed and the fact that the traffic study was done on one day for only two hours. Mr. Lemmon stated people pulling into gas stations are almost always on their way going somewhere else and that the traffic study was very valid. He stated that a 2-hour traffic count is typical for any traffic study done anywhere and acceptable in terms of what IDOT reviews. The traffic study was done on a typical week day during typical peak hours and the City’s traffic consultant concurs with the conclusions in the traffic study analysis presented. Vice-chairman Buhrman opened the floor to questions and comments from the audience. The following were sworn in by Vice-chairman Buhrman prior to their addressing the Commission. Pat Wirtz, 1503 N Richmond Rd stated he is a life-long resident of McHenry and lives 4 doors north of Montini School. He has lived at his present address for 30 years, has taught at the area high school and is presently Chairman of the Landmark Commission. As a former teacher, Mr. Wirtz cannot believe this proposal is even being considered. Speaking on behalf of the Landmark Commission, Mr. Wirtz states Thorntons should not be across the street from the Historic St. Mary’s and Montini School. He stated he would love to see Thorntons in McHenry but not at this location. Richard Loesch, 6310 Chickaloon Dr, stated although he is no longer involved with the school board, he was on the McHenry elementary school board for 18 years and in that capacity a lot of time was spent working on bus traffic, which is a huge issue at Montini School. Public schools provide the bus transportation for Montini School and the additional traffic turning in and out of this proposed use in proximity to the entrance to the school, where the buses line up, is a cause for great concern. He stated while he was on the school board, IDOT was petitioned three times to seek a reduction in speed and have traffic adjusted in the area near Valley View School and asked the Commissioners to take that and bus traffic into consideration when making a decision. Sheila Murphy, 248 Perth Road, Cary, Principal of Montini Middle School stated busing is already a tremendous issue at Montini Middle School with 17 buses pulling in and out and 2/3 of students are bused including buses coming from Montini Primary Center and reloading students. She stated the Pearl street entrance is concerning because that is where the school children walk and the traffic in and out of a gas station will impact their safety. Traffic will also increase on Broad and Washington Streets. The Primary Center campus is located on Washington Street and has approximately 180 students aged pre-K to 3rd grade. This proposed use and the increased traffic will have too much impact on them. Mrs. Murphy continued to state there are gas stations at lighted intersections on the West side of Richmond Road that are very easy to get in and out of. The Thorntons in Cary near her home is always very crowded proving Thorntons does a good job in running a profitable business, but that traffic does build up on Route 14 for the station. Tim McCann, 3507 Broad Street stated he walks his daughter to school and cars turning right on red is always a concern especially for the children’s safety, along with the amount of traffic projected to be pulling in and out of the station. He commented as an adjoining property owner he would like to see a development with better aesthetics, similar to some businesses that are on Route 31 South with stone frontages and prairie style buildings, at this location as well. Planning and Zoning Commission January 17, 2013 Page 10 Annette Mavec, 3108 Rogers Rd, Crystal Lake is also concerned about safety of children at Montini. She is a DCFS licensed child care provider, attended and graduated from Montini. Ms. Mavec wants future children to attend and travel to and from Montini School without incident and she is not convinced putting in more traffic lights is going to insure their safety. Many of the children are under 18 and walking without supervision once they get across Richmond Road The children will be at greater risk with more car traffic. She stated many other uses would be more conducive to the location. Jim Johnson, 2010 Olde Mill Lane, McHenry, stated Thorntons chose the worst location in town and many other locations are available in the city limits that are better suited for this use. He asked what the net increase will actually be on the sales tax revenue and whether a 2 hour traffic count study is really effective. Mr. Johnson cited problems on Rakow Road in Crystal Lake as an example of poor planning where traffic impact is concerned. Mr. Johnson invited everyone to view the number of illegal left hand turns from vehicles heading north on Richmond Road that are already being made daily into the gas station at the corner of Richmond Road and McCullom Lake Road and decide whether or not the same thing will happen if Thorntons goes in at the proposed location. The issue is a safety aspect for the children but there is also a safety aspect for fire protection and ambulance service getting in and out of the fire station at the corner. Earl Connor, 3513 Broad Street, stated he has to use the alley for his driveway to his property. He asked the Commission if the alley is actually an alley or if it is a street. He reported he was shown a map and was told by the City when he purchased his property that the “alley” was actually a road that went all the way from Richmond Road to Green Street. He also asked if the City is selling the alley to the property owner or lessee, and what the due process is for the City to sell property to a private business . Mr. Connor opined that many of these homes will not change in the next 20-30 years and the area will still be residential. He asked the Commission to consider the impact of cleaning up the property of abandoned gas tanks if technology changes in the future and gasoline is no longer in such high demand, causing gas stations to go out of business. Mr. Connor also stated a 6’ board on board fence will not stop the lighting from entering his back yard. Deputy City Administrator Martin stated the alley, or road, in question is a public right of way which is called an alley. The applicant is proposing to vacate that right of way, which extends from Richmond Road approximately 225 feet to the East to Lot 6 and is called a public alley. The vacation of the right of way will have to be considered by City Council, requires publication in the newspaper, and also requires a ¾ majority positive vote in order to be approved. Tom Stazciak, 1711 Beechnut Drive, Holiday Hills, asked the Commission to consider the fact that IDOT is spending money to improve traffic flow and at the same time the City is trying to put in a business that will cause a traffic congestion problem. Beth Taylor, 1501 N Green St, McHenry, stated she has been at her current address for 25 years and chose this location because the home has character and charm and the location is bewitching. Ms. Taylor added the neighborhood is a safe, friendly place to raise a family and a pedestrian-friendly location. She asked the Commission to consider whether the history of the neighborhood and its future is worth the sales tax revenue that would be received. She opined a positive recommendation for this project would be the beginning of the unstoppable erosion of an historic neighborhood. Planning and Zoning Commission January 17, 2013 Page 11 Carol Cooney, 1313 N Richmond Road, stated in order for zoning ordinances to have validity, they must not be disregarded for the financial benefit of a single person or developer at the expense of and against the wishes of the community. She stated the primary role of elected officials should be to represent their constituents and most people at this hearing are against this proposal. Ms. Cooney stated there are overwhelming compelling reasons to vote against this proposal and challenged the commission to consider whether the financial gains outweigh the risks and safety of the people in the community. Celeste Mann, 3516 Broad Street stated the definition of C4 zoning is not in line with the character of this neighborhood. As the Assistant Principal of an elementary school she is fearful of the safety of the students. Ms. Mann opined IDOT moves slowly and the schoolchildren and neighborhood children should not be the statistics that IDOT requires in order to take action to address the pedestrian safety. She stated she understands the need and desire to raise revenue and support the tax base for the community, but the lights from Thorntons in Lakemoor are very bright and she can already tell lights from a Thorntons at this location will be in the direct line of vision of her home. She further stated trucks pulling into a gas station are a concern, the alley is a concern, traffic is a concern; there are simply too many concerns to vote yes. Dave Boger, 1102 N Oakwood Drive, asked the commission to give careful consideration to all the points they have heard tonight regarding safety of the children and bus loading and unloading issues because the loss of just one child’s life is not worth it. Vice-chairman Buhrman closed the public comment portion of the hearing at 9:35 p.m. Vice-chairman Buhrman invited questions and/or comments from the Commission. Commissioner Thacker asked Thorntons if they always choose corner properties for their stations and whether the subject property would be considered desirable even if the IDOT expansion that will begin this year wasn’t happening. Mr. MacKinnon responded that the subject property which Thorntons chose is the most desirable location in McHenry for their purpose and that they looked at existing traffic volumes when choosing the location. Commissioner Thacker opined having two left turn lanes off of Route 120 heading north should alleviate some congestion on Pearl Street and expanding Richmond Road from three lanes to five lanes with a shared left turn lane will also alleviate congestion. He also asked if the proposed route for the Thorntons delivery truck was known yet and how many deliveries could be expected to the station and if deliveries were set for specific times. Mr. Zoph responded the photo shown to the Commissioners earlier regarding the delivery truck did show correct placement of the truck and that deliveries are made at varied times but can be made up to a couple times a day. Delivery trucks are usually in and out of the property in 20-25 minutes. City Attorney Kelly Cahill stated the Petitioner has stated it is agreeable to combine a vote on zoning and the conditional use, but they have requested a separate vote for the variances in one motion apart from the zoning and conditional use. Commissioner Thacker asked if the two lanes heading west on Pearl Street will begin east or west of the entrance to Thorntons and whether a vehicle heading eastbound on Pearl Street and wanting to turn left into the station would be crossing two lanes of traffic or one lane of traffic. Mike MacKinnon responded the taper for the two lanes begins at the entrance to the facility but an eastbound vehicle turning left into the station would only cross one lane of traffic. Planning and Zoning Commission January 17, 2013 Page 12 Motion on request for a Zoning map amendment for the western portion of the property from RS-4 High-Density Single-Family Residential to C-4 Downtown Commercial: Motion by Nadeau, seconded by Thacker , to recommend to the City Council with regard to File No. Z- 805, on the property located at 1404 N. Richmond Road as presented by applicant Thorntons Inc., approval of an application for a Zoning Map Amendment from RS-4 High-Density Single-Family Residential to C-4 Downtown Commercial, and that the requirements set forth in Table 33 have been met. Voting Aye: Buhrman, Nadeau, and Thacker. Voting Nay: Morck and Strach. Not Voting: None. Abstaining: None. Absent: Doherty, Schepler. Motion failed 3-2. Motions on request for a conditional use permit to allow for an automobile fueling station: Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z- 805, on the property located at 1404 N. Richmond Road as presented by applicant Thorntons Inc., denial of an application for a Conditional Use Permit for an automobile fueling station with convenience store, and that the requirements set forth in Table 31 have not been met. Voting Aye: Nadeau. Voting Nay: Buhrman, Morck, Strach, and Thacker. Not Voting: None. Abstaining: None. Absent: Doherty, Schepler. Motion failed 1-4. Motion by Thacker, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 805, on the property located at 1404 N. Richmond Road as presented by applicant Thorntons Inc., approval of an application for a Conditional Use Permit for an automobile fueling station with convenience store, and that the requirements set forth in Table 31 have been met, and it provides a service to the area and will not be injurious to the neighboring properties. Voting Aye: Buhrman, Strach, and Thacker. Voting Nay: Morck and Nadeau. Not Voting: None. Abstaining: None. Absent: Doherty, Schepler. Motion failed 3-2. Planning and Zoning Commission January 17, 2013 Page 13 Motion on request for variances:  Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z-805, on the property located at 1404 N. Richmond Road as presented by applicant Thorntons Inc., approval of the following variances:  Variance to reduce the required foundation base landscaping to five (5) feet in front (south side) of the convenience store;  Variance to eliminate the landscape parking island requirement in the main parking row in front (south side) of the convenience store;  Variance from the 15-foot residential screening strip required along the north property line adjacent to the existing City right-of-way. With the following conditions:  The project is developed in accordance with the site plan prepared by Marchris Engineering dated 12/18/12 with a latest revision date of 1/7/13, landscape plan prepared by Countryside Industries Inc. dated 12/7/12 with a latest revision date of 1/7/13 and building elevations prepared by snidesign submitted as part of the Planning and Zoning public hearing application;  A monument-style sign (no more than eight feet in height) shall be utilized for the project as opposed to a 15-foot high pole sign (sign will have to be relocated to conform to site vision clearance triangle requirements), and that the requirements set forth in Table 32 have been met. Voting Aye: Buhrman, Nadeau, Strach, and Thacker. Voting Nay: Morck. Not Voting: None. Abstaining: None. Absent: Doherty, Schepler. Motion carried 4-1. Vice-chairman Buhrman closed the Public Hearing regarding File No. Z-805 at 9:50 p.m. Staff Report This issue will be heard by the City Council at their February 18, 2013 regularly scheduled City Council meeting. The next Planning and Zoning Meeting will be on February 21, 2013. There are currently three issues tentatively scheduled to be addressed at that meeting. Planning and Zoning Commission January 17, 2013 Page 14 Adjournment Motion by Thacker, seconded by Morck, to adjourn the meeting at 10:00 p.m. Voting Aye: Buhrman, Morck, Nadeau, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty, Schepler. Motion carried 5-0. The meeting was adjourned at 10 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry