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HomeMy WebLinkAboutMinutes - 05/17/2012 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes May 17, 2012 Chairman Schepler called the May 17, 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, Morck, Schepler, Strach, and Thacker. Absent: Nadeau. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Buhrman, seconded by Morck, to approve the minutes of the Planning and Zoning Commission Meeting as presented: April 19, 2012 regularly scheduled meeting; and April 26, 2012 special meeting. Voting Aye: Buhrman, Doherty, Morck, Schepler, and Strach. Voting Nay: None. Not Voting: None. Abstaining: Thacker. Absent: Nadeau. Motion carried 5-0. Public Hearing: Byung Sool Kim File No. Z-791 3412 W. Elm St. Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:32 p.m. regarding File No Z-791, an application for a conditional use permit to allow a dry cleaning establishment with on-site processing as submitted by Byung Sool Kim for the property located at 3412 West Elm Street. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on May 2, 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 that were sworn in by Chairman Schepler: Jinho Woo, Byung Kim, and Joong Yeoun Lee. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant, Byung Kim, currently operates Best Cleaners at 3412 West Elm Street. Best Cleaners has been a drop-off only site with no on-site processing for many years; however, at this time the applicant is seeking approval to do on-site processing. Dry cleaning is a permitted use at this location; however on-site processing would require approval of a conditional use. Deputy City Administrator Martin stated Staff completed fairly extensive research with the McHenry Township Fire Protection District, Multimatic in New Jersey, the City of K enosha, WI, and the McHenry County Environmental Health Division regarding the applicant’s request. Mr. Kim is proposing to move Planning and Zoning Commission May 17, 2012 Page 2 an approximately 10-year old third generation dry cleaning machine (Shop Star SS 303) manufactured by Multimatic to the subject property from a location he operated in the City of Kenosha, WI to conduct on-site dry cleaning. This machine utilizes perchloroethylene (PERC) as the chemical cleaning solvent. The use of PERC is highly regulated by the United States Environmental Protection Agency (USEPA) because it is a volatile organic carbon substance, which has the potential of contributing to the depletion of the ozone layer and is classified as a carcinogenic to humans. PERC evaporates in the air and from water and soil exposed to the air. Groundwater contamination is a concern because PERC does not bind to soil and can spread a large distance over time. Most water quality issues were back in the 1960’s and 1970’s, however. PERC is a chemical that is widely used by the dry cleaning industry because it is highly effective removing grime from clothes and modernized dry cleaning machines have a high solvent recovery rate of the chemical resulting in reduced air pollution. The applicant has informed Staff he will upgrade the dry cleaning machine from a third generation to a newer fourth generation machine in order to comply with current health and safety regulations. A representative from the City of Kenosha had no knowledge of any type of complaint received in the past fourte en years for Mr. Kim’s dry cleaning business in Kenosha. Deputy City Administrator Martin stated the subject property is located in a primarily highway commercial area along Illinois Route 120 and the overwhelming majority of business and adjacent residential properties are connected to the City’s water system. While there are always risks with the use of PERC, primary regulation clearly falls under the jurisdiction of the USEPA, which has the experience and capacity to review and issue permits for this type of facility. Staff recommends approval of the conditional use permit as presented. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Buhrman asked Mr. Kim if the dry cleaning machine is a used machine and why it i s being moved from the facility in Wisconsin to the proposed location at 3412 West Elm Street. Mr. Kim responded the machine is a used machine and he is closing his dry cleaning facility in Wisconsin and wants to move his whole facility here. Mr. Kim has been in the dry cleaning business for 20 years. Commissioner Buhrman asked if Wisconsin has put a ban on PERC. Mr. Kim responded no, there isn’t a ban in Wisconsin, they have the same regulations as Illinois regarding the use of PERC. Commissioner Burhrman shared information he had regarding the use of PERC being banned in Illinois in 2013. The article was reviewed and discussion ensued. Deputy Administrator Martin viewed the information and replied the information shared states that new regulations for PERC in Illinois are proposed, they are not passed yet. Most of the concerns are with buildings with residential in the same building as the dry cleaning business. There is a print shop next door but no attached residential use at the 3412 West Elm Street location. Commissioner Buhrman also inquired if Mr. Kim has a Dry Cleaner Operators Annual License, which is required in the State of Illinois. Mr. Kim replied he just got approval to move the facility to Illinois and will apply for the license if the conditional use permit is approved. Commissioner Morck inquired about the layout of the facility. Specifically he asked where the boiler and boiler room would be located in regard to the large equipment and small square footage of the building. Mr. Woo presented drawings for the Commissioners to view and stated there is 1,112 total square foot of space in the facility. Planning and Zoning Commission May 17, 2012 Page 3 Commissioner Thacker asked if the PERC chemical is removed and then replaced in the dry cleaning machine when it is moved and who is responsible for this. Mr. Woo replied the chemical will be removed from the machine before moving it and then replaced in the machine at its new location by a special biohazard company following strict regulations. Chairman Schepler opened the floor to questions and comments from the audience. The following were sworn in by Chairman Schepler prior to their addressing the Commission: Tom Schommer. Mr. Schommer stated he owns the building at 3410 and 3412 West Elm Street and he has heard no concerns from any area neighbors. Mr. Schommer has talked to others in the dry cleaning industry and found that dry cleaning machines in Illinois need to be a certain generation to be allowed in service. Mr. Schommer is fine with the dry cleaning business in his building as long as everything is done following Illinois regulations. There was no one else in attendance wishing to give public comment. Chairman Schepler closed the public comment portion of the hearing at 7:50 p.m. Motion by Thacker, seconded by Doherty, to recommend to the City Council with regard to File No. Z-791, an application for a conditional use permit to allow a dry cleaning establishment with on-site processing on the property located at 3412 West Elm Street, as presented by applicant Byung Sool Kim, be granted with the following conditions: 1. Prior to installation of the on-site processing equipment approved EPA permits must be furnished to the City; 2. Prior to the use of the equipment all required inspections must successfully occur by applicable jurisdictional agencies; City staff will work in conjunction with the agencies involved; 3. Storage of PERC on-site shall be in accordance with applicable EPA regulations; 4. Applicant must provide the City with copies of EPA permit renewals, whether annually, bi- annually, etc.; and 5. Applicant must comply with all the City ordinances and regulations including but not limited to performance standards set forth in the zoning ordinance. and that Table 31, the Approval Criteria for Conditional use Permits, of the Zoning Ordinance has been met. Voting Aye: Doherty, Morck, Schepler, Strach, and Thacker. Voting Nay: Buhrman. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 5-1. Chairman Schepler closed the Public Hearing regarding File No. Z-791 at 7:55 p.m. Planning and Zoning Commission May 17, 2012 Page 4 Comments by Commissioners: Buhrman: Stated he appreciates Mr. Kim wanting to move his facility here but is opposed to the volatile substance, PERC, being brought in and used, especially with all the known health hazards. Public Hearing: Carl Eckel File No. Z-787 3705 W. Elm Street Conditional Use Permit Chairman Schepler called the Public Hearing to order at 8:00 p.m. regarding File No Z-787, an application for a conditional use permit to allow outdoor display of merchandise as submitted by Carl Eckel for the property located at 3705 West Elm Street. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on May 2, 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 Carl Eckel who was sworn in by Chairman Schepler. Mr. Eckel stated he is requesting the conditional use permit for outdoor display of merchandise because it is hard for flea markets to survive in the summer without having outdoor vendor spaces available. He is requesting 15 outdoor spaces. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the applicant currently is operating an indoor flea market at 3705 West Elm Street and is proposing to use the adjacent vacant lot exclusively for outdoor display of merchandise. Mr. Eckel did receive a temporary use permit which is valid through early June but is seeking to have outdoor vending on a permanent basis. Staff concerns are ongoing maintenance and aesthetics of the property, having uniformity of vendor tents, and setbacks from Route 120, especially with roadway improvement activity imminent at the Illinois Route 120/Richmond Road intersection. Deputy City Administrator Martin stated Staff does not support the request as presented, but would support other conditions if the Planning & Zoning Commission would like to discuss and consider them. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Morck asked how many vendors are inside the flea market building and why outside vending is needed. Carl Eckel stated there are presently about 40 vendors, with room for about 85 vendors. They do fill up all the 85 vendor spaces in the winter, however many vendors prefer being outside in the nicer weather and vendor spaces are larger when they are outside. Commissioner Doherty asked if more vendors would come in and use the inside spaces if Mr. Eckel discounted the spaces. Mr. Eckel reiterated most vendors just prefer to be outdoors in larger spaces in the summer. Commissioner Thacker asked Mr. Eckel his opinion on having all outside vendors under one large tent rather than having several small tents. Mr. Eckel stated he asked Mr. Ponterelli, the property owner, about that possibility and Mr. Ponterelli stated he would like the tent removed and property cleaned up every weekend because the property is for sale and it will look more appealing to potential buyers. One larger permanent-type tent would be too cumbersome, time-consuming and difficult to remove every Planning and Zoning Commission May 17, 2012 Page 5 weekend. Deputy City Administrator Martin reminded the Commissioners that for the purposes of this request the weekend includes Saturday, Sunday and Monday which incorporates the night of the Green Street Car Show. Mr. Eckel also stated that normal rental tents do not withstand 90 mph winds, which is one of the conditions originally requested. Considerable discussion was held as to how many vendors would fit under one standard rental tent and how it would affect the setback requirement if two or three large tents were used instead of one large tent or several smaller tents. The general agreement was it would be extremely difficult to meet the setback requirements, the property owner’s request for weekly cleanup, and allow larger vendor space for the greatest number of vendors using one or more larger tents as opposed to several smaller tents, especially with the way the property narrows. Chairman Schepler opened the floor to questions and comments from the audience. There was no one in attendance who wished to address the Commission regarding this matter. Chairman Schepler closed the public comment portion of the hearing at 8:17 p.m. Commissioner Thacker inquired as to the number of food vendors outside the business. Mr. Eckel responded there are no food vendors right now but he had three at one time. Deputy City Administrator Martin acknowledged that the applicant has cleaned up the property to a great extent in trying to comply with requests for a more aesthetically pleasing appearance. Commissioner Strach asked what procedures are followed in the event of inclement weather. Mr. Eckel responded they are always watching the radar and inform vendors when storms roll in; most of the vendors are packed up and gone before a storm actually hits, whether they are under a tent or not. Deputy City Administrator Martin asked what would happen if pop up tents were required for outside vendors. Mr. Eckel responded that many vendors simply just do not have tents. Commissioner Schepler stated the main concern is that this is a prime property in the center of town on Route 120 and to reflect the City of McHenry’s business interests everything needs to have uniformity and be aesthetically pleasing. The Commissioners viewed pictures of outside vendors without tents and agreed it looked very unpleasant and confusing. Considerable further discussion was held regarding use of one large permanent type tent if Mr. Ponterelli would agree, and possibly having open vendors south of the tent area in order to be able to accommodate the setback, uniformity and aesthetic requirements needed. Discussion ensued regarding which vendors could be allowed under the tent versus vendors out in the open to the south of the tent and how exactly tents would be maintained, cleaned and tightened up on a regular basis. Commissioner Doherty commented he does not want to see any tents left up for longer than one weekend at a time. He also stated he is uncomfortable with outdoor vendors being allowed outside of a covered tent area; a precedent could be set for future requests. Roger Thacker stated he did not want banners or flags allowed higher than the peak of the tents. Considerable discussion was held regarding the conditions the Planning and Zoning Commission would require in order to recommend this request to the City Council. Deputy City Administrator Martin suggested a motion be made specifically stating amended conditions clearly stated tonight by the Planning and Zoning Commissioners. Planning and Zoning Commission May 17, 2012 Page 6 Motion by Thacker, seconded by Strach, to recommend to the City Council with regard to File No. Z-787, an application for a conditional use permit to allow outdoor display of merchandise on the property located at 3705 West Elm Street, as discussed and stated by staff tonight and as amended and restated by staff, be granted with the following conditions: 1. Revised site plan incorporating staff recommendations must be submitted prior to City Council consideration; 2. There shall be no access from Route 120 to the subject property; 3. The site and surrounding properties shall remain free from trash and debris at all times; 4. One tent, able to sustain a minimum of 40 mph wind gusts, shall be erected no earlier than Friday evening and taken down no later than Tuesday morning each weekend. Any vendor not under the outdoor tent must be located south of the tent structure. 5. All outdoor food vendors must obtain appropriate approval from the McHenry County Health Department; 6. The tent must be setback a minimum of 75’ from the existing south sidewalk line along Route 120 of the subject property; and no vendors shall be allowed beyond the eastern boundary of the tent. 7. The tent shall remain in good condition at all times; 8. Outdoor vendor signs are permitted solely inside of the tent; 9. There shall be no flags or banners allowed any higher than the peak of the tent. 10. Any use of outdoor intercoms or other noise making devices or lighting must comply with city ordinances; 11. All merchandise shall be removed and the site cleaned at the end of each business day; and 12. Conditional Use Permit is approved for one year following City Council approval. Applicant is required to return to the City Council after the one-year probationary period; if conditions presented are not followed during the one year probationary period, applicant will receive written notification stating reasons staff believes the terms of the Conditional Use Permit have not been followed. The applicant will then be required to appear before City Council within 30 days of the date in the notification letter. If the applicant does not appear within 30 days, the Conditional use Permit shall be considered null and void. and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been met. Voting Aye: Strach, Thacker. Voting Nay: Buhrman, Doherty, Morck, Schepler. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion failed 4-2. Chairman Schepler closed the Public Hearing regarding File No. Z-787 at 9:20 p.m. Comments by Commissioners: Buhrman: This is not an upgrade for the community. Planning and Zoning Commission May 17, 2012 Page 7 Doherty: Might have voted yes if uniformity of tents was guaranteed. Morck: We have already told another applicant no and need to maintain prior precedence. Schepler: Not appropriate for the central business district in the community. Staff Report Chairman Schepler welcomed new member, Shawn Strach, to the Planning and Zoning Commission. Several sign and code enforcement issues were addressed with Deputy City Administrator Martin. Deputy City Administrator Martin stated there are no confirmed public hearings scheduled for June at this time. Adjournment Motion by Thacker, seconded by Doherty, to adjourn the meeting at 9:20 p.m. Voting Aye: Buhrman, Doherty, Morck, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. The meeting was adjourned at 9:20 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry