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HomeMy WebLinkAboutMinutes - 07/19/2012 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes July 19, 2012 Chairman Schepler called the July 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, Morck, Nadeau, Schepler, Strach, and Thacker. Absent: None. Also in attendance were: Deputy City Administrator Martin 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: June 21, 2012 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Morck. Absent: None. Motion carried 6-0. Public Hearing: George Karas (Village Squire McHenry) File No. Z-794 4512 W. Elm Street Conditional Use Permit and Variance Chairman Schepler called the Public Hearing to order at 7:33 p.m. regarding File No Z-794, an application for a conditional use permit to allow outside seating and variance from the parking requirements for an eat-in, no drive-in restaurant as submitted by George Karas of Village Squire McHenry for the property located at 4512 W. Elm Street. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on June 28, 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 Alexandros Karas, 671 Woodscreek Lane, Algonquin, IL 60102, who was sworn in by Chairman Schepler. Mr. Karas provided a summary of the request before the Commission at this Hearing. Mr. Karas stated he is asking to use 3 parking spots on the west side of the parking lot to build a small outdoor patio. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. The building Village Squire occupies today was originally constructed in 1961 and occupied by Foremost Liquors. In 1977 alterations were completed to the building and a restaurant called One Potato Two Potato opened. The Karas Family completed additional alterations and opened the Village Squire Restaurant in 1981. Additional small remodeling projects were completed within the building in 2000 and 2006, but no real outdoor alterations have been made. Planning and Zoning Commission July 19, 2012 Page 2 Deputy City Administrator Martin stated the applicant is requesting a variance from the off-street parking requirements for an eat-in, no drive-in restaurant and a conditional use permit to allow outdoor seating on the west side of the building. The proposed outdoor seating area is approximately 588 sf. Three parking spaces would be eliminated as a result of the outdoor addition, which would not be totally enclosed, and which could only be accessed from inside the restaurant. The parking requirement for an eat-in, no drive-in restaurant is 25 spaces/1,000 square feet of net floor area or 85% of gross floor area. With the addition of the outdoor dining area, and in accordance with the current parking regulations, 117 parking spaces are required. Presently, there are 87 existing parking spaces on the subject property. Subtracting three spaces for the outdoor dining area would require a parking variance of 33 spaces. Deputy City Administrator Martin stated Staff supports the off-street parking variance request for the following reasons:  An existing physical land area hardship exists and an on-site parking expansion could not be accommodated;  The owners have good relationships with their neighbors, which have agreed in the past to allow overflow parking on their respective lots;  An existing 540 sf. party/large guest room within the restaurant, included in the net floor area calculation, is only utilized if requested by large groups desiring to sit in close proximity to one another;  The net floor area of the outdoor dining space is 500 sf., requiring 15.5 additional parking spaces (including the three on which the area will be situated), and will not be utilized year-round;  The parking regulations have increased substantially since the opening of the restaurant;  The outdoor dining area will substantially enhance the business;  Staff believes accommodating on-site parking will not be an issue the majority of the year and during winter holidays when the restaurant is busier, the outdoor dining area will not be utilized. Staff does not have any concerns with allowing outdoor seating in conjunction with the proposed restaurant. Chairman Schepler invited questions and/or comments from the Commission. Deputy City Administrator Martin asked Mr. Karas to explain a design change he was considering to the outdoor seating plans that have been submitted. Mr. Karas explained the size of the area would be exactly the same, however they are determining whether to modify the plan slightly by adding a beamed trellis roof. Discussion ensued regarding the maximum seating, music and whether or not the dining area would be screened. Mr. Karas answered seating would be all tables with a capacity of 18-30 seats. Only background music would be played through speakers. The structure will not have screening but will have a decorative trellis or pergola look, and possibly a trellis roof. If they decide not to add the beamed trellis roof, outdoor umbrellas may be used at the tables. Permits would be obtained through the building department for any work done requiring it. Commissioner Doherty asked how or where things would be stored during the winter. Mr. Karas answered everything would be stored inside in the winter. Planning and Zoning Commission July 19, 2012 Page 3 Commissioner Strach inquired as to the height and durability of the iron fence that is proposed as a surrounding barrier, the concern being safety of guests from a possible stray car. Mr. Karas stated the far west wall of the patio area will have a paver’s brick wall. On the side will be a heavy wrought iron black gate or fence approximately 34” height affixed to planters. Whether or not a gate is necessary as a fire exit would be addressed through the permit process. All guests will be seated only by the hostess located at the inside entrance to the main building. Discussion ensued regarding a concern for the safety of guests and the barriers needed for the outdoor patio space. A suggestion was made to possibly provide concrete bollards at the southwest and northwest corners of the patio area to address this concern. While Mr. Karas believes the pavers brick wall would be substantial enough to stop a stray vehicle, he would absolutely consider adding bollards if it is determined they are needed. He stated there have only been about two incidents involving cars in the 30 years his father has owned the business and they were parking incidents not in the area of the parking lot that is being used. Commissioner Nadeau suggested one or two directional signs on the building or painted arrows on the pavement be added to direct guests away from the outdoor seating area for parking. Deputy City Administrator Martin and Mr. Karas agreed adding directional signage would be helpful. 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 7:52 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 794, an application for a conditional use permit to allow outside seating and variance from the parking requirements for an eat-in, no drive-in restaurant as submitted by George Karas of Village Squire McHenry for the property located at 4512 W. Elm Street, as amended with the following conditions: 1. The outdoor seating area shall not eliminate more than three parking spaces; 2. There shall be no general public access to the outdoor dining area to/from the parking lot; 3. The design shall be in substantial conformance with the specifications submitted; 4. Any future enclosure of the space is required to meet all building and zoning codes; 5. Additional directional signage for parking is provided; and 6. Bollards be considered at the southwest and northwest corners of the seating area be granted, and that Table 31 and Table 32 of the Zoning Ordinance have been met. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Schepler closed the Public Hearing regarding File No. Z-794 at 7:56 p.m. Planning and Zoning Commission July 19, 2012 Page 4 Public Hearing: Thomas N. Grieco (Tommy’s Transfer Station) File No. Z-795 305 N. Front Street Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:57p.m. regarding File No Z-795, an application for a conditional use permit to allow a drive-in establishment in conjunction with a car wash and construction of a mini storage facility as submitted by Thomas N. Grieco for the property located at 305 N. Front Street. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on July 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: Michael Poper, Attorney Thomas Grieco, Owner 130 Cass St. 5N648 Courcival Woodstock, IL 60098 Wayne, IL 60185 Alan Scimeca, Constr.Consult. Jeremy Lin, Engineering Consult. Ron Kirsininkas, Architect 3867 Blue Heron Circle 2413 W. Algonquin Rd. 1017 Howard St. Carpentersville, IL 60110 Algonquin, IL 60102 St. Charles, IL 60174 who were sworn in by Chairman Schepler. Michael Poper provided a summary of the request before the Commission at this Hearing, stating they had been given previous approval to build a small strip mall with mini warehouse space. There has been no interest generated in the retail spaces for businesses in the last two years, which is the time it has taken to met all requirements of various state agencies and try to obtain permits from the Corps of Engineers. The conditional use permit has expired for the previous approval. Mr. Grieco is now proposing a full service car wash as an alternative to the retail space. The front view will have shorter building space but will be designed to block the view of the mini warehouses. Alan Scimeca stated all parties recognized a good landscaping buffer was needed and Mr. Grieco agreed to meet with neighboring property owners to discuss their requests for landscaping buffers. Two traffic lanes for vehicles which will merge to one lane after the pay station will provide an easy flow directional circle of traffic; there will be no hand-drying of vehicles and vehicles can pull up to manual vacuum stations after exiting the car wash. Ron Kirsininkas stated the architecture of the development was carefully organized. There are no outside mechanicals and no visible equipment will be seen from the street-side of the car wash. The dumpsters will be hidden behind the car wash lanes nearer to the storage facility. Nice brick, aluminum, and glazed opaque windows will be used with decorative lighting. All sign permits will be done in accordance with City regulations. Jeremy Lin stated all engineering requirements have been met. A storm water review is being done and it is straightforward and fully expected to meet all requirements of the City. Planning and Zoning Commission July 19, 2012 Page 5 Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the applicant, Thomas Grieco (Tommy’s Transfer Station), is requesting a conditional use permit to allow a mini warehouse facility and drive-in establishment associated with a car wash facility. There are three buildings instead of five in the back basically designing around the detention on the wetland and the buffering. The last time this issue was before the Planning and Zoning Commission, there was a variance for multiple buildings on a lot and for lot width along an arterial roadway. The variances needed were erroneously omitted from this public hearing; consequently a special meeting is now scheduled for Thursday, August 2 and advertising for the variances has been done in accordance with the 15 day notice. Deputy City Administrator Martin is recommending all the discussion occur on the matters tonight but continue the meeting to August 2, 2012 and vote on the conditional use and variances at once prior to making a motion on that date. He suggests a motion be made at the end of discussion on this matter tonight to continue the hearing until August 2, 2012 at 7:30 p.m. Deputy City Administrator Martin stated the conditional use for mini warehouses in conjunction with a car wash is appropriate due to the length of the property and its location. A total retail site would be unrealistic on this property due to its length and setback from Route 31. The major change is the car wash. The major differences between the previously-approved plans and the proposed plans are:  There are three mini-storage buildings proposed instead of five (158 units not 135);  The rear part of the site has been altered to work around the wetland buffering/detention requirements, a fire truck simulation maneuvering the rear portion of the site has been included;  Detention/wetland buffering have been expanded and slightly reconfigured;  Some of the mini-storage units will be climate-controlled;  The front portion of the site has been reconfigured for the car wash facility instead of a retail building but the actual drive-in location is similar to the previously-approved plans;  Less parking is required for a car wash (one/employee), retail building required 4.5 parking spaces/1,000 sf. of floor area;  The landscape plan has been changed conforming with the site alterations, more shrubs and low-growing bushes are proposed on the new plan;  Building elevations and perspective of the site from Illinois Route 31 have changed slightly due to the redesign, but are appropriate and elevations remain aesthetically-pleasing;  Proposed is a one car drive-in car wash with two payment kiosks. The kiosks will be placed at the beginning of the drive-in and once a payment is made the first car will move forward through the drive-in followed by the second. Deputy City Administrator Martin stated the regional permit has been obtained from the Army Corps of Engineers, all engineering has been approved, and Staff is recommending approval of the request as presented, with probable further enhancement of landscape buffering. Chairman Schepler invited questions and/or comments from the Commission. Discussion was held regarding permits being issued for the work that has begun on the property. Deputy City Administrator Martin responded permits have been issued for the basic grading being done now and there have been no substantial changes since the approval given in the previous plans. Mr. Lin responded that all previous engineering and storm water requirements are still being met. Mr. Kirsininkas also responded that IDOT is not requiring a deceleration lane so no permit is required. Planning and Zoning Commission July 19, 2012 Page 6 The size of the car wash and hours of operation for both the car wash and storage facility came into discussion. Mr. Kirsininkas stated the car wash will be 108’ long and 40’ wide. The extra wide width will help with storage so items can be stored inside, rather than outside the building. Mr. Grieco stated neither facility will be open 24 hours; they are considering 8:00 a.m. to 8:00 p.m. opening hours for both businesses at the present time with one storage facility employee and two or three car wash employees on site every day. A site manager or the owner will be present to supervise employees. Chairman Schepler opened the floor to questions and comments from the audience. Bernice Zubrzycki, owner of 31 North Banquet and Conference Center, 217 N Front Street, was sworn in by Chairman Schepler prior to addressing the Commission. Ms. Zubrzycki stated her major concern is noise and aesthetics because she runs a high-end banquet facility next door to the proposed business. She is especially concerned about the noise generated from the car wash facility and also the amount of traffic expected. Ms. Zubrzycki stated she would like to see a solid landscaping screen of at least 5’ in height added on the south property line in order to keep her business attractive to prospective clients. There was no one else from the audience who wished to address the Commission regarding this matter. Chairman Schepler closed the public comment portion of the hearing at 8:32 p.m. In response to Ms. Zubrzycki’s concerns, Mr. Kirsininkas stated car wash noise will be enclosed in the car wash tunnel. The doorway was purposely made small and will close in between washes to further trap in any noise. The dryers have not been purchased yet; however, they are researching speed of the dryers along with noise level in order to provide balance because they are cognizant of concerns noted by neighboring businesses. The manual vacuum stations are free and will be located on the south side of the buildings on an island between parking spaces. They are anticipating four small stations that are aesthetically pleasing by modern standards and will not generate much noise. The vacuum stations, in relation to the 31 North Banquet and Conference Center building, will be located behind the front building line of the conference center and actually more toward the rear of the building. Deputy City Administrator Martin stated all aspects of the car wash will have to comply with the City’s noise regulations. In accordance with the site plan design and proposed uses, the Illinois Department of Transportation (IDOT) estimates 90 cars a day entering and exiting the site. Deputy City Administrator Martin suggested Mr. Grieco develop a solid enhanced landscape plan and submit it for consideration before the August 2, 2012 meeting. Commissioner Doherty requested clarification regarding whether the car wash is a full service or express wash facility. Attorney Poper responded customers vacuum and dry their own cars; therefore it is considered an express wash facility. Commissioner Doherty also opined a car wash does generate noise and stated a person can hear noise from Fast Eddie’s car wash inside the Burger King next door. Commissioner Doherty and Commissioner Strach inquired if sales tax would be generated from these businesses. Deputy City Administrator Martin replied that the businesses are a service and sales tax would not be charged. Commissioner Nadeau asked how winter icing will be addressed. Mr. Grieco responded the front apron will be heated and salted and shoveled often. The heat was added to the design by the architect as an Planning and Zoning Commission July 19, 2012 Page 7 added precaution even though the car wash mechanicals purchased came with a guarantee that no ice will form at the apron. Commissioner Nadeau asked what type of signage is expected and whether or not signage could be looked at by the next meeting. Deputy City Administrator Martin responded the car wash can have a monument sign, a free standing sign and two wall signs and added that all signs will have to comply with City ordinances. Mr. Grieco stated he is just beginning to consider signage and is unsure if any decisions will be made regarding signage before August 2. Motion by Nadeau, seconded by Thacker, to continue Public Hearing regarding File No Z-795, an application for a conditional use permit to allow a drive-in establishment in conjunction with a car wash and construction of a mini storage facility as presented by Thomas N. Grieco for the property located at 305 N. Front Street until Thursday August 2, 2012 at 7:30 p.m. Voting Aye: Buhrman, Morck, Nadeau, Schepler, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Doherty. Absent: None. Motion carried 6-0. After the hearing was continued, Commissioner Doherty stated he would like to be sure the issue of workers congregating in the rear of the building rather than the front of the building and the possibility of the car wash changing from an express service facility to a full service facility be clarified before a vote is taken. Specifically he wanted to be sure the matter would need to be brought before the zoning commission if the use changes from express car wash to full service car wash in the future. Commissioner Thacker inquired whether the City would pursue remedies if the use of the property changed without being brought before the Planning and Zoning Commission. Deputy City Administrator Martin responded in the affirmative, stating if it affects safety and traffic patterns. General Review and Discussion of Planning and Zoning Commission Responsibilities With City Attorney David McArdle City Attorney McArdle gave a brief presentation to the Commission on their statutory responsibility as Commissioners. He spoke about past minutes and comments made by Commissioners that did not pertain to the specific applications being presented to the Commission. He stated the scope of the Commission’s review should be in accordance with Tables 31-33 and the Commission should only review requests as presented before them and not extraneous items that are not part of the applicant’s request to be considered by the Planning and Zoning Commission. Attorney McArdle briefly answered questions following the presentation to clarify specific questions by the Commissioners. Attorney McArdle stated he will provide a list of Planning and Zoning Commission guidelines to the Commissioners. Commissioner Nadeau stated he would like to see more definitive descriptive answers provided by applicants when listing the requirements on Form C in their applications. Planning and Zoning Commission July 19, 2012 Page 8 Staff Report Deputy City Administrator Martin stated the next meeting will be a special meeting on Thursday, August 2, 2012 and the regularly scheduled meeting will be Thursday, August 16, 2012. He also stated he will look into the possibility of scheduling more meetings next year and avoiding meetings being scheduled when City events are taking place in the summer. Adjournment Motion by Nadeau, seconded by Morck, to adjourn the meeting at 9:27 p.m. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 9:27 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry