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HomeMy WebLinkAboutMinutes - 06/21/2012 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes June 21, 2012 Chairman Schepler called the June 21, 2012 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:27 p.m. In attendance were the following: Buhrman, Doherty, Nadeau, Schepler, Strach, and Thacker. Absent: Morck. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Buhrman, seconded by Doherty, to approve the minutes of the Planning and Zoning Commission Meeting as presented: May 17, 2012 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Nadeau. Absent: Morck. Motion carried. Public Hearing: Savers (TVI, INC.)-Matt Thurling File No. Z-792 2221 N. Richmond Rd. Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:29 p.m. regarding File No Z-792 an application for a conditional use permit to allow a drive-in establishment as submitted by Matt Thurling, Savers (TVI, Inc.) for the property located at 2221 N. Richmond Rd, which is the former Borders building. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on June 4, 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 Cathy Porto, Savers Chicago North District Manager, and Mike Hayes, Savers Chicago South District Manager, who were sworn in by Chairman Schepler. Mike Hayes provided a summary of the request before the Commission at this Hearing. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant, Savers www.savers.com, is a national retail thrift store founded in 1954. They accept donations and partner with more than 140 non-profit organizations. Savers operates locations in Crystal Lake, Naperville and Downers Grove and is similar to Goodwill; however they need a conditional use permit for a drive-in establishment because people are not required to leave their vehicles to drop off items. The drive-in Savers is proposing is at the southwest corner of the subject property, with the drop-off window located under a covered canopy, with drivers entering at the southernmost entrance/exit off Planning and Zoning Commission June 21, 2012 Page 2 the existing frontage road. The applicant is also proposing additional upgrades to the property including: extension of the screen wall in the loading/unloading zone, a covered loading dock platform, as well as a new green landscaped area located within a curbed island immediately north of the drive-in window. Staff has reviewed the guidelines for drive-in establishments and believes the proposed drive- in establishment design and location are in substantial conformance. Staff recommends approval of the conditional use permit as presented, conditioned on the installation of appropriate signage and striping adequately directing customers to the drop-off area in a safe and efficient manner. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Buhrman asked what type of directional signage is expected to be used. Mr. Hayes stated there are typically two forms of signage used to identify the entrance. One is a sign on the canopy; the other is arrows on the driveway itself. Savers prefers more signage for directional purposes, but will follow any local regulations in place. Deputy City Administrator Martin stated he has discussed signage issues with representatives of the applicant. Commissioner Buhrman stated proper striping needs to be done for safety purposes and inquired whether or not there is two-way traffic on the west side of the building. Deputy City Administrator Martin stated there is two-way traffic in the driveway on the west side but there is not two-way traffic under the drive-in canopy. Commissioner Strach asked if all drop-offs of merchandise are done through the drive-through and whether or not all goods are contained inside the store. Mr. Hayes answered that customers dropping off donations would be done in the drive-through but deliveries dropped off from the epilepsy foundation in truckloads will be done in the rear of the building. Ms. Porto indicated that there is also a drop-off basket right inside the entrance vestibule of the building for customers to use as well. Mr. Hayes stated that all items are kept inside the store; no storage of items or sorting is done outside of the building. Commissioner Nadeau asked what type of donations are accepted. Ms. Porto responded that all types of donations are accepted such as microwaves, shoes, shoes, furniture, and flowers. Commissioner Nadeau asked how the unloading of a larger vehicle possibly with a trailer of items for donation would be handled in relation to stacking of vehicles. Ms. Porto and Mr. Hayes responded the vehicle may be asked to pull up so other vehicles could make quick donations and other staff members could be asked to help unload the larger donation. Deputy City Administrator Martin asked if items that do not sell are put in the compactor. Ms. Porto replied that some of the unsold items are put in the compactor, but they are a very green organization and try to throw away very little. Some apparel items may be baled up and sent to Africa and other developing nations, for instance. Commissioner Schepler inquired if the store is open seven days a week and what the hours of operation are. Ms. Porto responded they are open every day from 9:00 a.m. to 9:00 p.m., except they are only open until 7:00 p.m. on Sundays. Commissioner Buhrman inquired if any of the 140 non-profit groups Savers partners with are from the local McHenry area. Mr. Hayes responded that while they partner with more than 140 non-profit Planning and Zoning Commission June 21, 2012 Page 3 groups world-wide, the Epilepsy Foundation was the non-profit partner in the Chicago area that was willing to start this business. They go out to collect donations and bring them to the store on a regular basis. They are quite open to partnering with other charity organizations that could do the same thing. Donations collected are on the behalf of, and proceeds paid to, the charity organizations; there is nothing donated to Savers, whether items come in the front door, through the donation drive-through, or are dropped off by the Epilepsy Foundation. Commissioner Buhrman asked if Savers solicits other business or stores for their slow-moving merchandise. Mr. Hayes responded that is not typical, however Savers would accept such items if they were offered to them. Commissioner Doherty asked if signage would be similar to the previous signage at Borders. Deputy City Administrator Martin stated yes, they are allowed a wall sign on both sides of the building, a sign on the canopy, and a small freestanding sign. Discussion was held regarding storage of items outside the building and accumulation of items dropped off by people after-hours. Mr. Hayes and Ms. Porto noted that occasionally will happen but there are 25-30 people working in the production room and the store is manned by approximately 10 people. They get any donations left overnight taken inside and processed very quickly. There will also be NO DUMPING signage posted and video surveillance. Savers finds where to take items that may be left after-hours that are in disrepair or not able to be accepted at the store and will have them disposed of quickly; they will not be left outside for any length of time. Commissioner Thacker inquired who would be responsible for maintenance of the grounds outside the building. Deputy City Administrator Martin commented that Savers will just be leasing the building; however the current property owner would be responsible and has responded in a timely manner to any issues that have come up recently. 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 7:45 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 792, an application for a conditional use permit to allow a drive-in establishment in conjunction with a retail business, on the property located at 2221 N. Richmond Road, as presented by applicant Matt Thurling, Savers (TVI, Inc.), in substantial conformance with the site plan submitted, and conditioned on the installation of appropriate signage and striping adequately directing customers to the drop-off area in a safe and efficient manner, 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-792 at 7:55 p.m. Planning and Zoning Commission June 21, 2012 Page 4 Public Hearing: Anthony and Michelle Buckun File No. Z-793 1309 Green Street Temporary Use Variance Chairman Schepler called the Public Hearing to order at 7:56 p.m. regarding File No. Z-793 an application for a temporary use variance to allow a single-family residential use in the C-4 Downtown Commercial zoning district as submitted by Anthony and Michelle Buckun for the property located at 1309 Green Street. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on June 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 Anthony Buckun, who was sworn in by Chairman Schepler. Mr. Buckun provided a summary of the request before the Commission at this Hearing. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant, Anthony Buckun, is requesting a use variance to allow his property to be temporarily used as a single-family residence. He has not been successful locating a commercial user for the property but has a renter willing to occupy the entire building and is seeking income to pay property taxes and maintain the site. The property is currently zoned C-4 Downtown Commercial and residential is only permitted on the second floor in conjunction with a non-residential use on the first floor in that zoning district. The properties to the north and south of the subject property are also zoned C-4. The one at 1307 N. Green is currently utilized as a single-family residence and has been for many years, while the other one at 1311 N. Green is occupied by a commercial user on the first floor and residential user on the second floor. The type of use variance being sought has been requested and approved in the past on a temporary basis for properties located at 5016 W. Elm Street and 1213 N. Riverside Dr. Staff does not believe there will be any deleterious impact to the surrounding neighborhood if a temporary use variance is granted at 1309 N. Green Street. Staff does not believe this area will necessarily remain residential but at the same time does not want a vacant building until such time that redevelopment does occur. Staff recommends approval of a three-year temporary use variance to allow a single-family residential use at 1309 N. Green Street as presented, with the following conditions: 1. The three-year time period will begin if and when the City Council formally approves the request; 2. The applicant must apply for a deck permit prior to use of the subject property as a single- family residence; and 3. Applicant must seek a sign variance from the City Council to keep an existing off-premise sign. Chairman Schepler invited questions and/or comments from the Commission. Planning and Zoning Commission June 21, 2012 Page 5 Commission Thacker inquired why the sign needed to go before City Council. Deputy City Administrator Martin explained the applicant would like to keep the commercial sign located on the property for offsite advertising of his legal business but would need to have a sign variance to allow that if the temporary use variance is issued because signage is not allowed on residential property. Commissioner Thacker inquired about the property at 1213 Riverside Drive that was issued a temporary use variance for this same purpose. It was his understanding that neighbors were unhappy with the request and he wondered about the status. Deputy City Administrator Martin stated that property has gone to Council the last three years. He is unaware of any formal complaints coming in against the property. Commissioner Thacker asked if any further work needs to be completed on the property to make it a fully functional single family home. Mr. Buckun replied it is already set up as a single family home and no more work needs to be done. Commissioner Doherty noted that the property across the street at 3425 Pearl Street may reopen one day and commercial restaurant noise may be disruptive to a family. He also stated he supports having the sign removed from the property to avoid confusion and having people knocking on the family’s door believing the building is a business location. Mr. Doherty mentioned allowing the sign to remain would be setting a precedent. Commissioner Strach asked if there were any landmark or historic issues with the building. Deputy City Administrator Martin replied the house does not have a designated landmark or historical status. 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 8:05 p.m. Motion by Nadeau, seconded by Strach, to recommend to the City Council in regard to File No. Z-793, an application for a three-year temporary use variance to allow a single family residential use at the property located at 1309 N. Green Street, as presented by Anthony Buckun, be granted with the following conditions: 1. The three-year time period will begin if and when the City Council formally approves the request; 2. The applicant must apply for a deck permit prior to use of the subject property as a single- family residence; and 3. Applicant must seek a sign variance from the City Council to keep an existing off-premise sign. and that the requirements in Table 32(A) of the City of McHenry Zoning Ordinance have been met. Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Planning and Zoning Commission June 21, 2012 Page 6 Motion carried 6-0. Chairman Schepler closed the Public Hearing regarding File No. Z-792 at 8:06 p.m. Staff Report Deputy City Administrator Martin stated the next meeting will be Thursday, July 19, 2012. There is one official hearing scheduled; Village Squire is requesting a conditional use permit for outdoor seating. There will likely be two additional potential hearings for consideration by the Commission. Other Business Commissioner Buhrman thanked Staff for having signage removed so quickly from the vacant McDonalds building at Route 31 and Miller Road. He asked Deputy City Administrator Martin to bring the Commission up to date on the West 120 Corridor Redevelopment Initiative. Deputy City Administrator Martin stated he will bring the plan to the next meeting. It is just in the beginning stages of an application process. Commissioner Schepler asked everyone to complete the required Open Meetings Act on-line course in order to be properly certified. Deputy City Administrator Martin stated he will send an email to the Commissioners with a link to the training and Certificates of Completion can be given to him when the training is done. Commissioner Thacker inquired about a letter he saw in the Northwest Herald regarding the City changing garbage disposal companies. Deputy City Administrator Martin informed the Commission on the new garbage service. Commissioner Thacker also asked Deputy City Administrator Martin to investigate maintenance on the cupola on the gazebo in Veteran’s Park which appears to be in need of repair. Adjournment Motion by Nadeau, seconded by Thacker, to adjourn the meeting at 8:18 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 8:18 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry