Loading...
HomeMy WebLinkAboutMinutes - 03/14/2013 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes March 14, 2013 Chairman Schepler called the March 14, 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, Nadeau, Schepler, Strach, and Thacker. Absent: Morck. 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: February 21, 2013 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Public Hearing: The Home Depot File No. Z-807 2461 N. Richmond Rd. Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:30 p.m. regarding File No Z-807, an application for a conditional use permit to allow open sales lot, outside display of merchandise and outdoor storage as submitted by The Home Depot for the property located at 2461 N. Richmond Rd. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on January 25, 2013. 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 was Dafina Jurisich, 676 Brittany Lane, Island Lake, IL and Jennifer Dinschel, 2000 Kennedy Drive, McHenry, IL who were sworn in by Chairman Schepler. Dafina provided a summary of the request before the Commission at this Hearing stating they are requesting a conditional use permit for the outdoor garden display so they can expand their storage area on the lot from what was originally assigned and eliminate the need to apply yearly. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. In 2000 the Home Depot store at 2461 N. Richmond Road was granted a conditional use permit for an outdoor garden center. In 2007 an amendment to their conditional use permit was approved to allow outdoor display and rental of utility, landscape and cargo trailers. They utilized a portion of the parking lot (10 spaces) near the lumber department on the northernmost part of the site to display a maximum Planning and Zoning Commission March 14, 2013 Page 2 of 10 trailers at any given time. Home Depot has applied for and received a temporary use permit to allow an outdoor live garden corral display for the past several years; however, staff suggested they provide a solid sight plan and seek a conditional use permit to allow the corral display, outdoor storage and trailer and truck rental on a permanent basis. Deputy City Administrator Martin stated approximately 61 total parking spaces would be utilized to accommodate the garden corral display, outdoor storage adjacent to the garden center and the outside sales and rental area for utility trailers and Penske trucks. Staff does not have any concerns with this request. Home Depot has always kept their display/storage areas neat and orderly. Additionally even with the total loss of 61 parking spaces, the number of parking spaces required by the zoning ordinance (472 required, 533 available) is still being met. The outdoor garden corral display, which is proposed at the southwestern part of the parking lot, is an integral part of Home Depot’s business and will encompass approximately 51 parking spaces. Additionally, Home Depot has been selling and renting utility trailers since 2007, and renting Penske trucks has recently enhanced their business. The area proposed to display the trailers and Penske trucks is situated at the far northern end of the site which is seldom used for parking. This area encompasses 10 parking spaces. The applicant is requesting five spaces for the utility trailers and five spaces for the rental of Penske trucks. This is an average of the number of trailers and trucks projected to be in the parking lot at any given time. Staff recommends approval of a conditional use permit, with conditions, as presented. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Thacker stated it did not appear that much was actually changing other than the ability not to have to return yearly for a temporary use permit. Dafina and Jennifer stated they are really only adding Penske truck rentals and that the garden corral space will actually be smaller in order to follow the site plan and limit the number of parking spaces that are used. Commissioner Buhrman inquired if the garden corral will infringe on the main driveway space and whether hoses will be run across the drive or if a water spigot has been provided for the garden corral. Jennifer and Dafina responded the corral will not infringe on the driveway and there were water lines run previously under the driveway that connect to water spigots on the first island. Chairman Schepler 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 Schepler closed the public comment portion of the hearing at 7:40 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 807, an application for a conditional use permit to allow open sales lot, outside display of merchandise and outdoor storage on the property located at 2461 N. Richmond Rd. as presented by applicant the Home Depot, subject to the following conditions: 1. Outside display of merchandise, open sales lot and outdoor storage areas shall be in substantial conformance with the attached site plan; and 2. Deviations from the attached site plan will require a new conditional use permit be granted, and that Table 31, of the Zoning Ordinance, has been met. Planning and Zoning Commission March 14, 2013 Page 3 Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Chairman Schepler closed the Public Hearing regarding File No. Z-807 at 7:42 p.m. Public Hearing: Chris Myers File No. Z-804 3003 W. Route 120 Zoning Map Amendment and Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:42 p.m. regarding File No Z-804 an application for a zoning map amendment from I-1 Industrial to C-5 Highway Commercial district and conditional use permit to allow an open sales lot, motor vehicle and trailer repair, and outdoor storage as submitted by Chris Myers for the property located at 3003 W. Route 120. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on February 23, 2013. 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 was Chris Myers, 3707 Dutch Creek Lane, Johnsburg, IL 60051, who was sworn in by Chairman Schepler. Mr. Myers provided a summary of the request before the Commission at this Hearing stating he is requesting a conditional use permit to allow an open sales lot for display of vehicles, outdoor storage, and motor vehicle and trailer repair which will be done inside the building. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. The applicant recently relocated his automobile sales business from Volo to McHenry and opened a used vehicle dealership at 3003 W Illinois Route 120 (former Adams Steel property). He received a temporary use permit in October 2012 to allow outside display of automobiles and motor vehicle repair. Motor vehicle sales are permitted by right; however, an open sales lot and automobile repair are conditional uses in the C-5 Highway Commercial zoning district. The property is currently zoned I-1. Mr. Myers has submitted an application for a zoning map amendment from I-1 Industrial to C-5 Highway Commercial and a conditional use permit to allow motor vehicle and trailer repair, open sales lot and outdoor storage at this location on a permanent basis. Staff believes C-5 zoning is more appropriate at this location than I-1, and a used car dealership is a suitable use. The property and the proposed uses of vehicle sales and motor vehicle repair are compatible with adjacent uses and will not alter the character of the neighborhood. The use is appropriate for a highway roadway corridor, and the size of the property is sufficient to accommodate on-site parking and an outside sales area. Approximately twenty-five striped parking spaces exist on the lot, which is adequate for vehicle sales and motor vehicle repair. Outdoor storage should be limited to the south of the existing building. The area is already fenced, and there is ample room for this purpose. Planning and Zoning Commission March 14, 2013 Page 4 Staff recommends approval of a zoning map amendment from I-1 to C-5 and approval of the conditional use permit, with conditions as presented. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Nadeau inquired how many cars are expected to be on display in front of the building and if trailers were being sold as well. Mr. Myers responded there would be approximately 50-75 vehicles, including trucks, vans and SUV’s. He further stated there will be no trailers for sale but he will be doing trailer repairs inside the building. Commissioner Doherty asked if the business was affiliated with Motorwerks of Barrington and how many mechanics would be employed. Mr. Myers responded that he is not affiliated with Motorwerks in Barrington and that their name is not trademarked but they are aware he is using the name. He also stated he will employ 2 mechanics. Commissioner Schepler asked what security arrangements would be in place. Mr. Myers stated there is a barbed wire fence and 5 cameras are being installed. There area will also be very well lit. Commissioner Doherty opined the property looks like a great place for a car lot. Commissioner Thacker opined he visited the site and Mr. Myers has made nice remodeling efforts, there seems to be proper containment of used oil, and his concerns with parking appear unwarranted. He further stated everything looks good from a customer standpoint. Chairman Schepler 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 Schepler closed the public comment portion of the hearing at 7: 50 p.m. Chairman Schepler closed the public comment portion of the hearing at 7:50 p.m Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z- 804, approval of an application for a zoning map amendment from I-1 to C-5 be granted and that Table 33 of the Zoning Ordinance has been met; and approval of a conditional use permit to allow an open sales lot, motor vehicle and trailer repair and outdoor storage subject to the following conditions: 1. Outdoor storage of leaking vehicles is prohibited; 2. Outdoor storage area is limited to the south of the existing building and storage area must be secured, including some type of security control/device during non-business hours or at least minimal security lighting; 3. Outdoor storage area shall not be accessible to the general public with the exception of parking vehicles for storage; 4. Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited; 5. All repair work shall be conducted within the building; 6. Vehicles for sale should be contained in the same area, not impede access or circulation and cannot occupy required customer or employee parking spaces be granted, and that Table 31, of the Zoning Ordinance, has been met, for the property located at 3003 W. Route 120 as presented by applicant Chris Myers. Planning and Zoning Commission March 14, 2013 Page 5 Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Chairman Schepler closed the Public Hearing regarding File No. Z-804 at 7:52 p.m. Public Hearing: Curtis S. Ames File No. Z-810 3425 W. Pearl St. Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:53 p.m. regarding File No Z-810 an application for a conditional use permit to allow a tavern with on-site processing as submitted by Curtis S. Ames for the property located at 3425 W. Pearl St. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on January 23, 2013. 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 was Curtis Ames, 2805 Hanging Fen Court, Johnsburg, IL who was sworn in by Chairman Schepler. Mr. Ames provided a summary of the request before the Commission at this Hearing stating he is petitioning for a conditional use permit for a tavern with onsite processing otherwise known as a microbrewery. He further stated he will have a tap room and a tasting room. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. Mr. Martin stated the subject property was the former Whales Tail restaurant and was once home to The McHenry Brewing Company. He also stated the applicant is proposing to reestablish a microbrewery on the property. The front atrium off of Pearl Street will be utilized as the brewing area and a first-floor tap room will feature tastings and a bar where patrons can purchase individual glasses of beer to consume on-site, as well as growlers to take with them. The second floor of the building will be used as an office and will not be accessible to the general public. A handicapped ramp will be constructed on the south side of the building. There is no on-site food preparation proposed. The City’s zoning ordinance currently does not have a zoning classification for microbrewery so the applicant is requesting a conditional use permit to allow a tavern with on-site processing. Staff believes the proposed use is appropriate for a downtown area, and the adaptive reuse of the existing building is an additional benefit. Staff also believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C-4 zoning district. Staff recommends approval of the request, with conditions as presented. Chairman Schepler invited questions and/or comments from the Commission. Planning and Zoning Commission March 14, 2013 Page 6 Commissioner Nadeau asked what the maximum number of patrons in the establishment will be. Mr. Ames responded the permit states 44 patrons. Commissioner Strach inquired if there will be a service bar. Mr. Ames stated there will be a normal bar but it will only have 2 seats. The space will be designed for people to mingle in the tap room. Commissioner Thacker asked if a microbrewery needs regular health department inspections similar to a restaurant. Mr. Ames replied he must get a brewers permit from the federal government, which he has already applied for. The health department is involved and will do regular inspections because a microbrewery is considered food processing by health department standards. Commissioner Thacker asked what type of license is required by the City. Mr. Ames stated he will have a liquor license for service of beer and wine. Commissioner Doherty inquired about the ADA ramp and where it will be located for access to the building. Mr. Ames stated there will be a 12x15 deck on the backside of the building and a handicap ramp will come up the deck allowing entrance through a door that is for handicap access only. Commissioner Thacker inquired about signage and whether Mr. Ames had spoken with residents in the neighborhood about his plans. Mr. Ames stated he has not applied for permits for signs yet but is planning on using the same type of signed used by the Green Pearl restaurant which was the last restaurant operating in the building, with a sign on the Green Street side and one on the Pearl Street side. Mr. Ames further stated all of the residents in the neighborhood he has spoken with are excited for him to join the neighborhood. Commissioner Schepler inquired about the hours of the new business. Mr. Ames stated the hours were expected to be 4 pm - 9 pm Wednesday through Friday and 12 noon – 9 pm on Saturdays. It is not meant as tavern but actually for tasting and take beer home. Mr. Ames also stated he is hoping to offer three flagship beers and then other seasonal beer. Commissioner Buhrman asked Mr. Ames if he had any experience running this type of business. Mr. Ames responded he has volunteered on the business end of other microbrewerys for three years and has been a home brewer for many years. He has also taken numerous courses in the two beer schools well-known to the business that are in the United States. Commissioner Nadeau inquired if the process will cause any odor to be released into the neighborhood and whether the odor emissions were covered by federal guidelines. He also asked why Mr. Ames decided not to serve food in the establishment. Mr. Ames responded that the process does emit an odor but he is using an 8-barrel system which is an abbreviated system causing less of an odor than a full system would cause. Deputy City Administrator Martin responded that there are odor guidelines that must be adhered to and will be covered by the City’s ordinances as well. Mr. Ames further stated he does not have experience in food service and preparation and simply wants to make and sell beer. He intends to follow the business model of other successful microbrewerys and allow patrons to call other businesses to have food delivered to them while they are at his establishment. Planning and Zoning Commission March 14, 2013 Page 7 Commissioner Nadeau asked if a building inspection has been done on the internal structure of the building regarding the load of the brewing tanks. Mr. Ames responded the area the brewing tanks will be in at the front of the building is all concrete and will be able to handle the load. Chairman Schepler 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 Schepler closed the public comment portion of the hearing at 8:02 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 810, approval of an application for a conditional use permit to allow a tavern with on-site processing on the property located at 3425 W. Pearl St. as presented by applicant Curtis S. Ames subject to the following conditions: 1. There shall be no on-site food preparation unless the conditional use permit is amended by the City Council; and 2. There shall be no general public access to the second floor of the building be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Chairman Schepler closed the Public Hearing regarding File No. Z-807 at 8:10 p.m. Staff Report The next meeting of the Planning and Zoning Commission will be Thursday, April 25, 2013. As of this date there are no applications filed for the meeting. Commissioner Thacker will be out of town on the next meeting date. Planning and Zoning Commission March 14, 2013 Page 8 Adjournment Motion by Thacker, seconded by Strach, to adjourn the meeting at 8:15 p.m. Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. The meeting was adjourned at 8:15 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry