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HomeMy WebLinkAboutMinutes - 04/19/2012 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes April 19, 2012 Vice Chairman Buhrman called the April 19, 2012 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, Ekstrom, Morck, and Nadeau. Absent: Schepler, Thacker. Also in attendance were: Deputy City Administrator Martin and Deputy City Clerk Kunzer. Approval of Minutes Motion by Morck, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission Meeting as presented: March 15, 2012 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Morck, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: Ekstrom. Absent: Schepler, Thacker. Motion carried 5-0. Public Hearing: Art Gurda File No. Z-785 3622 West Elm Street Conditional Use Permit Vice Chairman Buhrman called the Public Hearing to order at 7:32 p.m. regarding File No Z-785 an application for the following zoning relief as submitted by Art Gurda for McHenry Power Equipment located at 3622 West Elm Street: Conditional Use Permit to allow: 1. Outdoor display of merchandise; 2. Outside storage on the premises. Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on March 24, 2012. 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 Art Gurda who was sworn in by Vice Chairman Buhrman. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the applicant owns and operates McHenry Power Equipment at 3622 West Elm Street. Mr. Gurda is seeking a conditional use permit to allow the outdoor display of seasonal merchandise during regular business hours. Additionally, Mr. Gurda would like to store surplus equipment outside in a closed-in area at the rear of the building. He intends to screen the outside storage area from view. Deputy Administrator Martin stated the subject property is a good location for the outside display of merchandise, particularly in light of the impending road construction on Route 31/Route 120 slated to Planning and Zoning Commission April 19, 2012 Page 2 begin next year. It will be important for the businesses located in this area to proactively seek customers to ensure their businesses remain viable during the construction period. Deputy Administrator Martin stated it is Staff’s recommendation to approve the conditional use permit as requested subject to the following conditions: 1. Outdoor storage area shall be limited to the north of the existing building and the storage area must be fully enclosed and secured with a solid fence with 100% opacity, including some type of security control/device during non-business hours or at least minimal security lighting. 2. Outdoor storage area shall be limited to overstock merchandise only; 3. Outdoor merchandise for sale shall be contained in the area designated on the plat of survey submitted as part of the application; outdoor display shall not impede pedestrian or motor vehicle access and circulation, inhibit handicapped accessibility in any manner. 4. Outdoor display area shall not occupy required customer or employee parking spaces and shall not be located in any public right-of-way. Staff finds that the requirements of Table 31 the Approval Criteria for Conditional Use Permits have been met. Mr. Gurda stated in response to the influx of big box stores in the community, he has to find ways to make his business succeed and prosper in the community. One way is to draw attention to his wares through the outside display of seasonal merchandise. He wants to be able to compete with the big box stores and this would help him to accomplish that. Additionally, although he does not require the outdoor storage area at this time, he would like the capability in the future to be able to store equipment outdoors within a confined area. In closing, Mr. Gurda stated he concurred with the provisions as stated in the Staff Report. Vice Chairman Buhrman invited questions and/or comments from the Commission. In response to an inquiry, Mr. Gurda stated he would display merchandise outside only during business hours. Merchandise would be displayed only in front of the building. Responding to further inquiry, Mr. Gurda stated the largest piece of equipment which would be displayed outside would be a 60” riding mower. Commissioner Doherty inquired if there would be a possibility of chemicals leaking from equipment stored outside which could potentially drain into Boone Creek. Mr. Gurda stated no equipment would be stored outside which could present a contamination problem for the creek. Question was raised as to the fencing to be utilized to screen the outdoor storage area from view. Mr. Gurda responded noting the existing fencing along the creek could be matched. However the fencing along Front/Elm Street and Freund Avenue would be chain link with opaque screening slats. Mr. Gurda noted there would be maintenance performed on equipment inside of the building. All vehicles requiring maintenance would be stored within the building. Brief discussion followed regarding the conditional use permit expiring if it is not implemented within one year of approval. Mr. Gurda noted he will not require outdoor storage in the foreseeable future. However, he would like the opportunity to implement when the need arose. Discussion continued. It Planning and Zoning Commission April 19, 2012 Page 3 was the consensus of the commission to include a provision that the conditional use permit for outdoor storage would not be required to be implemented within one year of approval by Council. It was pointed out by the commission that Mr. Gurda had been using a truck with flashing lights in order to attract customers to his business. Mr. Gurda stated he had ceased using the truck for that purpose approximately six weeks ago. He noted it was an attempt to draw business. Vice Chairman Buhrman opened the floor to questions and comments from the audience. There was no one in the audience who wished to comment regarding this matter. Public Comment was closed at 7:42 p.m. Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z- 785, an application for conditional use permit to allow outside display of seasonal merchandise and outdoor storage of equipment at McHenry Power Equipment located at 3622 West Elm Street as presented by applicant Art Gurda be granted, subject to the following conditions: 1. Outdoor storage area shall be limited to the north of the existing building and storage area must be fully enclosed and secured with a solid fence, 100% opacity, including some type of security control/device during non-business hours or at least minimal security lighting; 2. Outdoor storage area shall be limited to overstock merchandise only; 3. Conditional Use Permit to allow outside storage is not required to be implemented within one year of approval of said permit; 4. Outdoor merchandise for sale shall be contained in the area designated on the plat of survey submitted as part of the application; outdoor display shall not impede pedestrian or motor vehicle access and circulation, inhibit handicapped accessibility in any manner; 5. Outdoor display cannot occupy required customer or employee parking spaces and shall not be located in any public right-of-way; and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 5-0. Vice Chairman Buhrman closed the Public Hearing regarding File No. Z-785 at 7:43 p.m. Public Hearing: Rene Sanchez File No. Z-790 908 North Front Street Conditional Use Permit Vice Chairman Buhrman called the Public Hearing to order at 7:44 p.m. regarding File No Z-790 an application for a conditional use permit to allow motor vehicle repair as submitted by Rene Sanchez for the property located at 908 North Front Street. Planning and Zoning Commission April 19, 2012 Page 4 Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on April 3, 2012. 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 the following who were sworn in by Deputy Administrator Martin: Jose Ruiz, Rene Sanchez and Russ Guzzano. Deputy Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the applicant is renting the easternmost section of the tri-part building located at 908 North Front street. The area is comprised of 8,000 square feet. The applicant intends to operate a motor vehicle repair facility on the premises which requires a conditional use permit. Vehicles would be parked outside only when awaiting repair or customer pickup following repair. Deputy Administrator Martin noted the applicant would be required to maintain a solid screen around the outside storage area. There is adequate parking on the premises for employees, customers and to accommodate vehicles awaiting repair. It is Staff’s recommendation to approve the request as presented subject to the following conditions: 1. The conditional use permit shall not be considered active until the applicant is issued a certificate of occupancy for the building space proposed to be utilized; 2. Outdoor storage area shall be completely secured with some type of security control/device during non-business hours or other minimal lighting in compliance with City ordinances; 3. Outdoor storage of inoperable vehicles, as defined in the City’s Municipal Code shall be prohibited; 4. All vehicles which may potentially leak automobile fluids shall be stored inside only; 5. Outdoor storage area must remain enclosed utilizing a 100% opaque fence and shall be limited to storage of motor vehicles; 6. Automobile repair shall generally be limited to inside the building, but shall be strictly prohibited outside the confines on the fenced-in area. Mr. Guzzano inquired what is meant by opaque fencing. Deputy Administrator Martin responded the chain link fencing must have slats in order to provide screening. Vice Chairman Buhrman invited questions and/or comments from the Commission. Question was raised regarding the plumbing issues alluded to in Mr. Sanchez’s narrative submitted as part of the request. Mr. Guzzano responded all plumbing issues have been resolved. The former opening has been plugged with cement as required by code. Any fluids drained into the building will remain within the building. Commissioner Doherty inquired if the site has been subject of any Phase I or Phase II environmental studies. Deputy Administrator Martin responded not to his knowledge. Further inquiry was made as to how the vehicles would arrive on the premises. Mr. Guzzano responded the vehicles would be driven by the customer or towed in by a towing service. Planning and Zoning Commission April 19, 2012 Page 5 Responding to an inquiry, Mr. Sanchez stated the business would be called Rene Sanchez Auto Repair. The firm would be allowed to place advertising in the third slot of the free standing sign on the premises. Mr. Guzzano noted there are three business spaces on the premises and the applicant is seeking occupancy of the third space, easternmost on the property. An inquiry was made regarding the stack of trusses which had recently been evident on the property. Mr. Guzzano responded the trusses were purchased by a contractor who intended to perform roof work on the premises. The trusses have since been removed and the flat roof has been sealed and repaired. Commissioner Nadeau, noting the applicant’s intent that all repaired vehicles would be picked up within five days of repair, questioned what the applicant would do with vehicles which remained onsite for more than five days following repair. Mr. Guzzano responded the vehicles would have to be moved inside of the building. Deputy Administrator Martin noted the Commission could add a stipulation to the approval requiring that no vehicles shall be permitted to remain stored outside for more than five days following repair. Commissioner Ekstrom inquired if repairs would be limited to mechanical repairs only and that there would be no auto body work done on the premises. Mr. Guzzano confirmed there would be mechanical repairs only. Vice Chairman Buhrman opened the floor to questions and comments from the audience. There was no one in the audience who wished to comment regarding this matter. Public Comment was closed at 7:54 p.m. Motion by Nadeau, seconded by Morck, to recommend to the City Council with regard to File No. Z-790, an application for conditional use permit to allow motor vehicle repair and outside storage on the premises located at 908 North Front Street as submitted by Rene Sanchez, be granted, subject to the following conditions: 1. The conditional use permit shall not be considered active until the applicant is issued a certificate of occupancy for the building space proposed to be utilized; 2. Outdoor storage area shall be completely secured with some type of security control/device during non-business hours or other minimal lighting in compliance with City ordinances; 3. Outdoor storage of inoperable vehicles, as defined in the City’s Municipal Code shall be prohibited; 4. All vehicles which may potentially leak automobile fluids shall be stored inside only; 5. Outdoor storage area must remain enclosed utilizing a 100% opaque fence and shall be limited to storage of motor vehicles; 6. Automobile repair shall generally be limited to inside the building, but shall be strictly prohibited outside the confines on the fenced-in area; 7. If a vehicle is required to remain more than five days on the premises following its repair it shall be stored inside of the building; and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been met. Planning and Zoning Commission April 19, 2012 Page 6 Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 5-0. Vice Chairman Buhrman closed the Public Hearing regarding File No. Z-785 at 7:57 p.m. Public Hearing: Patricia Gilley File No. Z-789 3017 West Route 120 Conditional Use Permit Vice Chairman Buhrman called the Public Hearing to order at 7:58 p.m. regarding File No Z -789 an application for a conditional use permit to allow outdoor display and sales of merchandise as submitted by Patricia Gilley for the property located at 3017 West Route 120. Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on March 26, 2012. 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 the following who were sworn in by Deputy Administrator Martin: Richard Collier and James Gilley, representing Fox River Flea Market. Deputy Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the subject property is the former location of Extr3me Jeep. The applicant has been operating an indoor flea market since late last year and is now seeking a conditional use permit to allow outside display and sale of merchandise in conjunction with the flea market operation. Staff reviewed the site plan of the proposed outdoor vending area and has some concerns particularly the close proximity of the area to Route 120 and the entrance to the property. Deputy Administrator Martin stated Staff recommends a smaller confined area for display and sales as noted on the attachment to the Staff Report for this proposal. Staff recommends approval of the request subject to the following conditions: 1. Revised vendor layout incorporating Staff recommendations shall be submitted prior to City Council consideration. Staff will bring forward the original and Staff recommended site layouts to City Council for consideration. Outdoor merchandise for sale shall be contained in the area designated on the revised site layout, shall not impede motor vehicle or pedestrian access and circulation, and shall not occupy the required parking spaces; 2. The site and surrounding properties shall remain free from trash and debris at all times; 3. No vehicles shall be permitted in the vendor area (Staff has withdrawn this condition based on new information provided regarding vendor loading/unloading of merchandise in the vendor area); 4. Any tents, if utilized, shall be maintained in good condition; 5. No vendor signs shall be permitted outdoors if visible from the roadway. Signs shall only be permitted within a vendor tent; Planning and Zoning Commission April 19, 2012 Page 7 6. Any use of outdoor intercoms or other noise-making device or lighting shall comply with all City ordinances; 7. Vendors shall comply with sign ordinance and shall not use any type of potentially distracting item, banner, pennant or other prohibited sign/item as specified in the sign ordinance; 8. Temporary fencing shall be maintained in good condition; 9. All merchandise shall be removed and the site cleaned at the end of each business day; 10. Conditional Use Permit shall be approved for one year only following City Council consideration. Applicant shall be required to return to City Council after one year probationary period. If conditions presented are not followed during the one year probationary period, applicant shall receive written notification stating reasons Staff believes the terms of the conditional use permit have not been followed. The applicant shall be required to appear before City Council on the date in the notification letter. Deputy Administrator Martin read into the record of the proceedings correspondence submitted by Daniel Adams and Krissy Snow regarding the request. Mr. Adams and Ms. Snow indicated their concern and dissatisfaction with the City’s approval of the requested conditional use permit. Copies of said correspondence are attached as Exhibit A and B, and are therefore incorporated into the record of this public hearing. Mr. Gilley, noting concern expressed by Staff with regard to parking a box truck which includes advertising signage on the premises, stated that is the only means of providing signage on the property. The truck belongs to Mr. Collier, a partner in the flea market business. The truck is used in making pickups and deliveries. He noted the truck is the sole identifier of the flea market business on the site. The business hopes to erect a sign on the property within the next month or so at which point the truck would not have to be as visible on the site. Mr. Gilley also noted the port-o-potties are under contract to be cleaned every Monday morning. They are located at least 100 feet from any property line. They are only used on Saturdays and Sundays when the flea market is operational. Mr. Gilley, referencing the written complaints received, stated he has visited existing businesses in the area and there was no one opposed to the requested outside vending and display of merchandise. He stated the owners of the flea market would like an opportunity to show the City they can keep a clean, orderly and safe flea market business on the premises, both inside and outside of the building. Mr. Gilley noted a revised site plan was submitted to the Commission this evening. The plan now includes the vending area located at least 190 feet from Route 120 roadway. The applicants have eliminated all border vending spaces. He stated they have reduced the vending area overall and it now comprises one/third of the original depicted area. He pointed out the vending area would be enclosed with a four-foot snow fence to keep the customers from entering the area without paying the admission fee. Vice Chairman Buhrman invited questions and/or comments from the Commission. Responding to an inquiry, Mr. Gilley stated there are currently 72 spaces inside the building. They anticipate another 62 spaces outside of the building, based on the reduced exterior vending area. Mr. Collier noted in order to remain competitive, they need to have outside vending areas available. Planning and Zoning Commission April 19, 2012 Page 8 Commissioner Doherty inquiry if the use of vendor tents would be seasonal. Mr. Gilley responded in the affirmative. They would like to open the outside vending area by the third week in May. During inclement or extremely warm weather vendors would likely erect a tent in their outdoor space. Outside vending would likely continue until the end of September. Some discussion followed regarding the use of the box truck for advertising purposes. Mr. Gilley reiterated they would likely construct a sign on the premises within the next 3-4 weeks and the truck will be removed. Deputy Administrator Martin stated it is not permitted by ordinance to use a vehicle as a sign on a property. Commissioner Morck inquired is there would be concessions sold on the premises. Mr. Gilley responded at the current time they are only selling packaged candy, gum, fruit, soda and water. He stated they hope to eventually have the required three-bowl sink required by the health department so they could sell hot dogs, pop corn, ice cream, etc. Commissioner Doherty inquired if the City had received any complaints regarding the flea market operation. Deputy Administrator Martin responded there was a complaint lodged regarding people along the roadway waving signs, attempting to alert motorists to the location of the business. A police report has been filed citing signs being waved at Alex’s Restaurant, located directly across Third Street from another flea market (i.e. Eckel’s Flea Market). The complaint noted the purpose of the sign waving was to attract business to the Fox River Flea Market and away from the Eckel’s Flea Market located on the former Sullivan Foods site. Vice Chairman Buhrman opened the floor to questions and comments from the audience. The following were sworn in prior to making statements regarding the proposed conditional use permit. Gary Jones, 24347 Route 134, Round Lake IL: Mr. Jones stated he has been a part of the Fox River Flea Market since its inception. He noted he is a vendor. He pointed out it would be nice to have a farmers market in the outside vending area. They even have entertainment on the premises. He stated this business is good for the City and whatever needs to be done to help this proposal move forward should be done. Bill Pilarski, 8117 White Oaks Road, Wonder Lake IL: Mr. Pilarski stated he is a new vendor having participated the last four weeks. He stated the vendors are not junk dealers. Nor do they deal in garbage. Outside vending would allow the vendors to pull their vehicle up to the vending table to set up and take down their displays. At the end of the day everything is removed from the premises. There was no one else wishing to speak to the Commission regarding this matter. Vice Chairman Buhrman closed the Public Comment portion of the hearing at 8:40 p.m. Commissioner Morck inquired if vendors paid sales tax. Mr. Gilley responded all vendors are responsible for paying their own sales tax to the state. Commissioner Doherty inquired if the motion to recommend approval of the request included the provision that all tents must be uniform in style, size, and color would that be a condition which could Planning and Zoning Commission April 19, 2012 Page 9 be met by the applicants. Mr. Gilley responded no they could not ensure that all tents would be uniform as they are owned/provided by each individual vendor. Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council with regard to File No. Z- 789, an application for conditional use permit to allow outside display and sale of merchandise within the Staff-prescribed area on the premises located at 3017 West Route 120 as submitted by Patricia Gilley for the Fox River Flea Market, be granted, subject to the following conditions: 1. Revised vendor layout incorporating Staff recommendations shall be submitted prior to City Council consideration. Staff will bring forward the original and Staff recommended site layouts to City Council for consideration. Outdoor merchandise for sale shall be contained in the area designated on the revised site layout, shall not impede motor vehicle or pedestrian access and circulation, and shall not occupy the required parking spaces; 2. The site and surrounding properties shall remain free from trash and debris at all times; 3. Any tents, if utilized, shall be maintained in good condition; 4. No vendor signs shall be permitted outdoors if visible from the roadway. Signs shall only be permitted within a vendor tent; 5. Any use of outdoor intercoms or other noise-making device or lighting shall comply with all City ordinances; 6. Vendors shall comply with sign ordinance and shall not use any type of potentially distracting item, banner, pennant or other prohibited sign/item as specified in the sign ordinance; 7. Temporary fencing shall be maintained in good condition; 8. All merchandise shall be removed and the site cleaned at the end of each business day; 9. Conditional Use Permit shall be approved for one year only following City Council consideration. Applicant shall be required to return to City Council after one year probationary period. If conditions presented are not followed during the one year probationary period, applicant shall receive written notification stating reasons Staff believes the terms of the conditional use permit have not been followed. The applicant shall be required to appear before City Council on the date in the notification letter. and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been met. Voting Aye: None. Voting Nay: Buhrman, Doherty, Ekstrom, Morck, Nadeau Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion failed to carry 0-5. Vice Chairman Buhrman closed the Public Hearing regarding File No. Z-785 at 8:45 p.m. Public Hearing: Ronald Bykowski File No. Z-788 3706 West Elm Street Conditional Use Permit Planning and Zoning Commission April 19, 2012 Page 10 Vice Chairman Buhrman called the Public Hearing to order at 8:46 p.m. regarding File No Z-788 an application for a conditional use permit to allow a drive-thru facility as submitted by Ronald Bykowski for the property located at 3706 West Elm Street. Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on March 23, 2012. 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 the following who were sworn in by Deputy Administrator Martin: Property Owner Ronald Bykowski and Business Owner Syed Najmudein. Deputy Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the applicant is seeking a conditional use permit to operate a drive-thru kiosk which was the former location of Bear Creek Coffee at 3706 West Elm Street. A conditional use and variance were granted in 2007 to allow the Bear Creek Coffee drive-thru operation. As the conditional use permit has ceased to be operational for more than one year and is no longer valid, the property owner is required to appear before the Commission to seek a conditional use permit to allow a drive-thru operation to sell tobacco, cigarettes, coffee and soft drinks on the premises. Deputy Administrator Martin noted the variance allowed a reduction from the required ten to nine stacking spaces for the dual window operation. The variance remains in place and is not being sought at this time. Deputy Administrator Martin stated it is Staff’s recommendation to approve the requested conditional use permit subject to the applicant providing appropriate signage and striping to adequately direct customers through the site. Mr. Najmudein stated he is the owner/operator of two gas stations in town: 4608 West Crystal Lake Road and 4713 West Elm Street. He noted he has experience in other communities with the type of store he is proposing for 3706 West Elm Street and believes the venture will be extremely successful at this location. Vice Chairman Buhrman invited questions and/or comments from the Commission. Commissioner Doherty inquired if the applicant intends to sell just cigarettes at this time. Mr. Najmudein responded he would sell cigarettes, chewing tobacco, coffee and soda. Commissioner Nadeau questioned whether there would be enough draw for this type of business to succeed at this location. Mr. Najmudein responded he has been in this type of business for fourteen years and believes he knows the market well. He opined the business will be very successful at this location. Commissioner Doherty asked property owner Mr. Bykowski if he attempted to secure a food vendor for the subject property. Mr. Bykowski responded it would be difficult to complete with the existing market if there were solely a food vendor at this location. Commissioner Nadeau inquired if there would be a means of restricting the intersection to no left turn from Millstream onto Elm at the site. Deputy Administrator Martin responded there would be barriers Planning and Zoning Commission April 19, 2012 Page 11 utilized during the proposed Route 31/120 construction which would assist with traffic congestion/movement at the intersection. Vice Chairman Buhrman opened the floor to questions and comments from the audience. There was no one in the audience who wished to comment regarding this matter. Public Comment was closed at 8:57 p.m. Motion by Nadeau, seconded by Morck, to recommend to the City Council with regard to File No. Z -788, an application for conditional use permit to allow a drive-thru facility on the premises located at 3706 West Elm Street as submitted by Ronald Bykowski, be granted, subject to the applicant providing appropriate signage and striping to adequately direct customers through the site, and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 5-0. Comments by Commissioners: Commissioner Ekstrom: States she is glad there will be a business at this location and wished Mr. Najmudein the best of luck in his venture. Vice Chairman Buhrman closed the Public Hearing regarding File No. Z-785 at 7:59 p.m. Staff Report Deputy Administrator Martin reported there will be a special meeting of the Commission on Thursday, April 26, 2012. Touch of Italy restaurant is moving from Main Street to Shamrock Lane and is seeking a conditional use permit to allow a restaurant serving alcoholic beverages at that location. Commissioner Nadeau suggested Staff look into having McDonald’s turn off their sign which remains at the now-closed restaurant located at Charles Miller Road and Route 31 as if is confusing to motorists who continue to believe the restaurant is still open. Commissioner Nadeau also encouraged Staff to contact McHenry County to see about making the new billboard located just south of the intersection of Bull Valley Road and Route 31 less obtrusive. He stated it is distracting and should be toned down. Discussion followed regarding the possibility that the City forcibly annex the property where the billboard is located so the City could control the billboard. Planning and Zoning Commission April 19, 2012 Page 12 Adjournment Motion by Nadeau, seconded by Ekstrom, to adjourn the meeting at 9:10 p.m. Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 5-0. The meeting was adjourned at 9:10 p.m. Respectfully submitted, _____________________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry