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HomeMy WebLinkAboutMinutes - 08/02/2012 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes August 2, 2012 Chairman Schepler called the August 2, 2012 special meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Morck, Nadeau, Schepler, Strach and Thacker. Absent: Doherty. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Public Hearing: Thomas Grieco (Tommy’s Transfer Station) File No. Z-795 305 N Front Street Variance and Continuation of Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:30 p.m. regarding File No Z-795, an application for a variance from the zoning ordinance regulations to allow more than one principal building and use on the subject property and any other variances required from the zoning ordinance to allow construction of a car wash facility with drive-in establishment and mini storage buildings to the west of the car wash facility, in accordance with plans previously submitted for a conditional use permit for a drive-in establishment and mini warehouse facility as submitted by Thomas 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 18, 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. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter, stating this public hearing is to consider a request for use variances to allow four principal buildings and two principal uses (automobile wash and mini-warehouses) on the same property; the zoning ordinance only allows one principal use and building/lot; the public comment portion of the meeting on July 19 was closed which was for the request for a conditional use permit for a drive-in establishment (drive- thru lane) and a conditional use permit to allow mini warehouses; today’s use variance request is to allow both uses on the same lot. The July 19 meeting was continued until today’s date. Deputy City Administrator Martin read a letter from Bernice Zubrzycki/31 North Banquet and Conference Center; an objection filed by Attorney Tom Zanck, representing Bernice Zubrzycki; and an electronic correspondence personal statement from Kay Bates received on July 26, 2012, into the record. Deputy City Administrator Martin further stated the applicant is requesting a use variance to allow multiple buildings and uses on the same zoning lot which, in this particular instance, cannot be mutually exclusive of each other. The use variance proposed does not relate to relief from bulk zoning requirements (height, setback, etc.) but the use of the land; therefore Table 32(A) Use Variances is applicable in this instance and the criteria in Table 32(A) must be met to justify the request for the use variance. The zoning ordinance restricts a zoning lot to one principal building and land use. The applicant is proposing four buildings and two land uses. One is the car wash adjacent to the Route 31 frontage and the other is to allow mini warehouse buildings to the west of the car wash. Planning and Zoning Commission DATE Page 2 Deputy City Administrator Martin stated Staff does not have any concerns with this request due to the size and length of the property. The subject property is approximately three acres but is also 670 feet long. In Staff’s opinion it is unrealistic to use this property entirely for one use due to its length and setback from Route 31. In addition, the mini warehouse buildings abut a vacant property to the west which is zoned I-1, Industrial. Both the car wash and mini warehouse uses are permitted in the C-5 zoning district, the car wash by right and the mini warehouses as a conditional use, but the use variance is required to allow both on the same property. Staff believes that combination of the two uses is appropriate and makes logical use of the property given its location and dimensions. Deputy City Administrator Martin provided Tables 31 and 32(A) of the zoning ordinance to the commissioners as references for approval criteria associated with conditional use permits and use variances respectively. He stated following the closing of the public hearing/discussion on the applicant’s use variance request today, it is Staff’s recommendation the Planning and Zoning Commission make three separate motions as follows:  Approval of a conditional use permit to allow a drive-in establishment associated with a car wash and all requirements in Table 31 of the zoning ordinance have been met; in accordance with the site plan, building elevations and revised landscape plan as submitted;  Approval of a conditional use permit to allow mini warehouses and all requirements in Table 31 of the zoning ordinance have been met; and  Approval of a use variance to allow multiple principal uses (automobile wash and mini warehouses) and four principal buildings on the same property and all requirements of Table 32(A) of the zoning ordinance have been met. In attendance were Attorney Michael Poper, 130 Cass St., Woodstock, IL 60098 and Thomas Grieco, 5N648 Courcival, Wayne, IL 60185, who were sworn in by Chairman Schepler. Attorney Poper provided a summary of the request before the Commission at this Hearing. Attorney Poper stated Mr. Grieco is not asking for anything that is not permitted in the zoning ordinance in regard to uses on the property. He also stated that Mr. Grieco has attempted all means to enclose the use of the car wash to allow for noise abatement and has added ornamental décor to the outside of the building so it is aesthetically pleasing. Mr. Grieco has also proposed providing more vacuums which are smaller with a quieter design to further cut down on noise. Attorney Poper provided an artist rendering of proposed signage and explained Mr. Grieco is not asking for any sign variances, setback variances or landscape variances. The plans that have been submitted were done in response to recommendations from the City of McHenry and the property has previously been approved for two uses because of the depth of the property. Mr. Grieco would have no problem putting only mini warehouses all the way to the street setback if that is what the City wants. Attorney Poper stated the original plan approved approximately three years ago had a drive through restaurant which would draw more vehicle traffic than a car wash. Mr. Grieco will meet all noise requirements as required under the zoning ordinance and has agreed to enhance the landscaping to further satisfy the requests of the neighboring business. Mr. Grieco stated he would put a fence up if that is what the neighboring business requests and if the City requires it. Attorney Poper also stated the delay in building this project was due to the Corps of Engineers requirements because of wetlands that were not on Mr. Grieco’s Planning and Zoning Commission DATE Page 3 property but on the neighboring property belonging to 31 North Banquet and Conference Center. Mr. Grieco had to move buildings and redesign his plans to provide a buffer from those wetlands. At the present time, the facilities that Mr. Grieco is proposing meet all the requirements of the zoning ordinance with the exception of two uses requested due to the length of the property. Mr. Grieco believes this portion of town will be enhanced and provide more vehicle traffic also supporting the neighboring businesses with the approval of the proposed facilities. Commissioner Buhrman arrived at 7:45 p.m. Chairman Schepler invited questions and/or comments from the Commission. Commissioner Thacker inquired about the amount of traffic that is expected at the car wash. Mr. Grieco responded estimated figures are between 150-175 vehicles on a busy day. The busiest season for this type of car wash is actually November through April, not during the summer season which is when outdoor weddings would occur at the neighboring property. IDOT did not require a deceleration lane because the traffic estimates did not warrant one. Commissioner Nadeau asked how many cars can be stacked while waiting for the car wash. Mr. Grieco responded realistically 25 cars could be stacked at one time. He also commented he has a cross- easement agreement with the Fountain Shops and cars can access the car wash through that driveway as well. Discussion was held regarding noise of the vacuums and the mechanical operation of the car wash as well as the procedure the City uses to address noise complaints. Mr. Grieco responded most noise will be contained behind the closed door of the car wash and all City noise requirements will be met. Assistant City Administrator Martin responded there are variables to the decibel levels allowed depending on the frequency and that the noise requirement levels on commercial zoned properties are not as restrictive as they are on residential properties. The standard base decibel level for a residential lot is 75 decibels; 5 decibels can be added to commercial zoned lots without taking into account any other variables. Mr. Martin also stated the City measures the noise levels at the property line in response to complaints and requires measures be taken to bring noise levels in compliance with current requirements. Noise levels are then taken again after corrective measures are in place. Commissioner Buhrman asked if water from the car wash will be recycled. Mr. Grieco stated the water system has been engineered to City requirements for discharge with a filter system. 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: Attorney Tom Zanck, 40 Brink Street, Crystal Lake, IL; Ed Buss, 3314 Golfview Rd., McHenry, IL; and Ed Gerstad, 302 N. Front Street, McHenry, IL. Attorney Tom Zanck stated he is representing Bernice Zubrzycki of 31 North Banquet and Conference Center. He stated Ms. Zubrzycki’s letter clearly expresses her position. Attorney Zanck stated there is a predisposition among Staff that because approval for a conditional use permit and variance was given in 2010 that a variance and conditional use permit should be approved now for the same applicant. He further stated this car wash is a separate matter and separate use from that which was approved previously. Ms. Zubrzycki invested in her property and made plans to invest in expansion of her property based on the use of the neighboring property that was previously approved. If Ms. Zubrzycki is able to Planning and Zoning Commission DATE Page 4 expand there is a potential for $41,000 in additional sales tax to the City. Attorney Zanck stated the City of McHenry passed economic development goals in 2009 which included developing and implementing strategies to retain existing businesses in the City, enhancing the existing retail base, and encouraging retail development on the south side of the City. While the original approved use falls within those goals, the new proposed use of the property does not fall within those goals and does not make sense. To point out the differences in the use of the property, Attorney Zanck stated there were no vacuums in the previous approval and the proposed vacuums in the new proposal will be too close to Ms. Zubrzycki’s property creating a noise problem. Also, there was one drive-up lane needed by the applicant in 2010 and the new proposal requires two drive-up lanes. Lastly, the approved use in 2010 did not include noisy drying equipment which is included in the new proposed use. Attorney Zanck stated in his opinion the new proposed use of Mr. Grieco’s property does not meet all the requirements of Tables 31 and 32(A). He further explained it will not create undue hardship on the applicant if it isn’t approved, it does not fit harmoniously with existing man-made surroundings, and the lot depth does not cause special circumstances to exist that do not apply generally to other properties in the same zoning district because there are many other properties of the same lot depth along the same stretch of roadway, among other things. Attorney Zanck urged the Commission to deny the petitioner’s request based upon the zoning ordinance, the petitioner’s application, and the City’s economic development goals. Mr. Ed Buss inquired how far back from Route 31 the car wash building will be and if it is expected to be a full service or express car wash. Mr. Grieco responded the placement of the building is based on City setback requirements and it will be an express car wash, not having any hand-drying done upon exiting the car wash. Mr. Buss opined this side of town needs redevelopment and he believes a car wash on the south side of town will help the neighborhood and is a good idea. Mr. Ed Gerstad asked if the car wash doors will stay shut while the cars are in the drying section of the car wash even in a heat wave. Mr. Grieco responded the doors will remain shut the entire time vehicles are inside and the dryers are running stating it is an automated process. Chairman Schepler closed the public comment portion of the hearing at 8:17 p.m. Commissioner Nadeau asked if there is enough room for soundproof fencing at the exit of the car wash. Attorney Poper responded he does not know the answer to that question but Mr. Grieco will do anything that is required to meet or exceed the noise limitation requirements. Deputy City Administrator Martin stated it has been his experience from other cases that fences do not block sound unless the fence is actually a thick concrete wall or an unusually thick solid wood wall-type fence. Sound may be diverted with a fence, but not really blocked. Attorney Poper stated in addition two rows of landscape trees have already been added to the design to buffer noise. Commissioner Thacker asked if the car wash manufacturer provided any specifications in regard to noise that could be shared with the Commission. Mr. Grieco responded the equipment is being purchased from the biggest car wash manufacturer in Illinois, AVN, Inc., and he would be happy to provide the noise specifications to the City once he obtains them from the manufacturer. Commissioner Strach inquired if the car wash facility and storage unit locations could be swapped on the property or if the car wash building itself could be turned around so cars exit the car wash on the other side of the building. Mr. Grieco responded that it was the City’s request to put the storage units to the Planning and Zoning Commission DATE Page 5 rear of the property and he did what the City asked. Switching the storage units and the car wash locations also would not be beneficial for the traffic flow. He stated he has made a substantial investment in developing the property to the City’s specifications. Attorney Poper added turning the car wash building around would be very hard to engineer due to the narrowness of the property. Commissioner Morck inquired how many storage unit buildings were in the original design. Mr. Grieco responded there were almost 200 units in the first design but the Army Corps of Engineers required them to provide a 100’ buffer from the wetlands on the 31 North Banquet and Conference Center property, therefore they had to cut off 40 units. In the original plans, they were unaware of the wetlands issues. Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z- 795, an application for a conditional use permit to allow a drive-in establishment associated with a car wash; an automobile wash is permitted by right in the C-5 zoning district; and in accordance with the site plan, building elevations and revised landscape plan as submitted for the property located at 305 N. Front Street as presented by applicant, Thomas Grieco, be granted, and that all requirements in Table 31 of the Zoning Ordinance have been met. Voting Aye: Morck, Nadeau, Strach and Thacker. Voting Nay: Buhrman, Schepler. Not Voting: None. Abstaining: None. Absent: Doherty. Motion carried 4-2. Commissioner Buhrman stated he supported Attorney Zanck’s comments very strongly. Commissioner Schepler stated he agrees with Commissioner Buhrman and Attorney Zanck and he opines it alters the character of the area in an adverse way to the surrounding property owners. Motion by Nadeau, seconded by Morck, to recommend to the City Council with regard to File No. Z-795, an application for a conditional use permit to allow mini warehouses and mini warehouses are a conditional use in the C-5 zoning district, as submitted for the property located at 305 N. Front Street as presented by applicant, Thomas Grieco, be granted, and that all requirements in Table 31 of the Zoning Ordinance have been met. Voting Aye: Morck, Nadeau, Strach and Thacker. Voting Nay: Buhrman, Schepler. Not Voting: None. Abstaining: None. Absent: Doherty. Motion carried 4-2. Commissioner Buhrman stated he believes they are setting a precedent by approving two uses and variances on the property. Commissioner Schepler stated he agrees with Commissioner Buhrman’s comments. Planning and Zoning Commission DATE Page 6 Motion by Nadeau, seconded by Strach, to recommend to the City Council with regard to File No. Z-795, an application for a use variance to allow multiple principal uses (automobile wash and mini warehouses) and four principal buildings on the same property as submitted for the property located at 305 N. Front Street as presented by applicant, Thomas Grieco, be granted, and all requirements of Table 32(A) of the Zoning Ordinance have been met. Voting Aye: Morck, Nadeau, Strach and Thacker. Voting Nay: Buhrman, Schepler. Not Voting: None. Abstaining: None. Absent: Doherty. Motion carried 4-2. Chairman Schepler closed the Public Hearing regarding File No. Z-795 at 8:30 p.m. Adjournment Motion by Strach, seconded by Nadeau, to adjourn the meeting at 8:31 p.m. Voting Aye: Buhrman, Morck, Nadeau, Schepler, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Doherty. Motion carried 6-0. The meeting was adjourned at 8:31 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry