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HomeMy WebLinkAboutMinutes - 08/19/2010 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Minutes August 19, 2010 Interim Chairman Schepler called the August 19, 2010 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, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Absent: None. Also in attendance were: Deputy City Administrator Martin and Deputy City Clerk Kunzer. Approval of Minutes Motion by Buhrman, seconded by Thacker, to approve the minutes of the Planning and Zoning Commission Meeting as presented: July 8, 2010 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Public Hearing: Tommy’s Transfer Station LLC File No. Z-756 305 N Front Street Conditional Use Permit and Variances Interim Chairman Schepler called the Public Hearing to order at 7:33 p.m. regarding File No Z-756, an application for the following as submitted by Attorney Michael C Poper on behalf of Tommy’s Transfer Station for the property located at 305 North Front Street: 1. Conditional Use Permit to allow a mini warehouse facility and drive-in establishment on the subject premises; 2. Variance to allow more than one building on a zoning lot; 3. Variance to allow less than 200’ lot width along an arterial roadway. Interim Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on August 2, 2010. Notices were mailed to all abutting property owners of record and the property was posted as required by ordinance. A Certificate of Publication and Affidavit of compliance with notice requirements are on file in the City Clerk’s Office. In attendance were Attorney Michael Poper, Property Owner Tom Greco, Architect Steve Barnes, Engineer John Tierney, and the Landscape Architect representing the applicant, who were sworn in by Interim Chairman Schepler. Attorney Poper provided a summary of the request before the Commission at this Hearing. He noted as the subject property abuts an arterial roadway, a minimum lot width of 200 feet is required by the Zoning Ordinance. The subject property is 197 feet wide and requires a variance to permit a building to be constructed on it. The subject property is approximately 3 acres in area. As the parcel is narrow and very deep, the applicant is seeking a variance to allow more than one principal building on the lot. The Planning and Zoning Commission August 19, 2010 Page 2 front portion would feature a retail strip center, similar to that found on the adjacent Fountains Shoppes Center. The applicant intends to use the rear portion of the property to house a self-storage business. The office for the self-storage business would be located in the southwest corner of the strip center. The self-storage business would be comprised of five mini-warehouse storage buildings which requires a variance to allow more than one principal building on a zoning lot. Attorney Poper noted the subject property is zoned C-5 Highway Commercial District. The mini- warehouse storage facility requires a conditional use in the C-5 District. Additionally, the applicant is seeking a conditional use to allow a drive-up facility in the retail center portion of the development. Attorney Poper stated the applicant is seeking no variances with regard to the City’s landscaping or lighting requirements. He noted the mini-warehouse storage facility would likely be open from dawn until dusk and would be accessed users via a key code entry. For security purposes a camera system would be used and would be sensitive to motion detectors. Mr. Greco noted he intends to have the retail center complement the architectural features of the Fountains Shoppes. The building would be setback in a line with the Fountain Shoppes and would appear to be an extension of the existing shopping center. Mr. Greco stated he believes the development of his property would increase the value of the adjacent commercial developments. He intends to match the light standards used by the Fountains Shoppes in order to blend the two developments. Deputy City Administrator Martin provided the Commission with the Staff Report regarding the request. He noted the zoning on the property is appropriate for the proposed uses. The request for conditional use permit would allow the proposed mini-warehouse storage facility and a drive-up establishment on the retail portion of the project. As stated by Mr. Poper, variances would be required to allow the proposed six principal buildings on one zoning lot and a reduced lot width for a parcel adjacent to an arterial roadway. Deputy City Administrator Martin stated the drive-up facility would not be a full-service restaurant but would more likely be something similar to a small Dunkin’ donuts or Starbucks. Staff has expressed concern regarding the proposed turning radius around the northern end of the building, particularly with regard to the drive-up window. The McHenry Township Fire Protection District will review the building plans and will approve the proposed turning radii on the site plan. Deputy City Administrator Martin noted that due to the extreme depth of the property, the parcel is not conducive to development of the entire piece as retail. Staff supports the proposed mini-warehouse storage facility on the rear portion of the property. He stated a single curb cut on Front Street is being proposed and the development could possibly interconnect to the Fountain Shoppes Center. He suggested if this is the case the City would like request a cross-access easement agreement be executed between the two parties. Deputy City Administrator Martin stated the applicant intends to utilize the property to its fullest potential, noting it is 670 feet in depth. Consequently, it would not be beneficial to develop the entire site as retail. The property immediately to the west of the subject property is currently zoned I1 Industrial. Therefore the proposed mini-warehouse storage facility appears to be a good fit. Staff has reviewed the application and supports the requested action as requested. Planning and Zoning Commission August 19, 2010 Page 3 Interim Chairman Schepler invited comments and questions from members of the Commission. In response to an inquiry, Mr. Barnes stated there would be security fencing in place around the perimeter of the mini-warehouse storage facility. He noted architectural block would be utilized to construct security fencing along the rear (western) edge of the mini-warehouse storage facility. It would be approximately six feet high. Additionally, motion sensors and cameras would also be utilized to further assist in site security. Responding to a question, Attorney Poper stated police and fire would have emergency access to the storage facility area. Concern was expressed regarding potential flooding of adjacent vacant property to the west of the site. Mr. Tierney responded the flow of surface water runoff would be compliant with the McHenry County Stormwater Protection Ordinance which is enforced by the City. In response to an inquiry as to why the applicant is choosing to move forward with developing the property at this down during a difficult economy, Mr. Greco responded that is precisely when he has chosen to develop the property at this time. Development costs are extremely favorable due to the state of the economy. He noted he has owned the property for twelve years and has now decided to develop it as presented. Mr. Poper stated the applicant could rent to one or several retail business owners. There would be 8,000 square feet of inline retail space available. The mini-warehouse storage facility office would use approximately 600-800 square feet of the retail space. Commissioners noted the proposed project is a good use for the property. Some discussion occurred regarding the proposed parking and onsite traffic pattern. Deputy City Administrator Martin stated the site plan would be reviewed when the project is submitted for building permit approval. At that time, the Fire District would also review the site plan logistically for maneuverability of emergency equipment on the premises. It was also noted at this time there may be a visibility issue of vehicles going south around the retail building following use of the drive-up window. Concern was expressed that vehicles entering into the in/out lanes along the south property line might not have clear line of sight. Deputy City Administrator Martin noted this matter would be addressed prior to site plan approval by Staff. He noted it was possible Staff could require that all those exiting the drive-up facility be directed to leave the facility by driving to the north via the cross access easement with the Fountain Shoppes. Additionally, an internal “yield” sign could be posted at the south terminus of the retail building as it joins with the in/out lanes for the property from Route 31. Mr. Tierney stated in response to an inquiry that the proposed on site detention appears for be adequate for the project. He further noted the applicant would be required to comply with the McHenry County Stormwater Protection Ordinance. The entire site would drain to the west, as that is the direction of current surface water flow. Brief discussion occurred regarding the proposed landscape plan. It was suggested that all trees be planted so as to not eventually becoming a hindrance to electricity provider(s). It was noted that it is undesirable to have trees planted in a development only to have them unnaturally pruned several years later to accommodate one or more of the utilities. Planning and Zoning Commission August 19, 2010 Page 4 Interim Chairman Schepler opened the floor to questions and comments from the audience. The following were sworn in by Interim Chairman Schepler prior to addressing the Commission. Myrna Smith, 3907 W High Street: Ms. Smith stated the City needs more grassy land and open spaces. She opined the subject property should remain vacant and undeveloped. She expressed concern that there are many vacant commercial buildings in town and that these buildings could be used for this project. She urged the City to leave the grassy land in its natural state. She further stated that traffic in the area will greatly increase if this proposed project is constructed. She stated this project is a bad idea and cited the following reasons: 1. The buildings could end up vacant once it is built as so many others are in town; 2. The applicant should consider developing the vacant building/land north of the Library; 3. She does not want this project to be constructed across the street from her house; 4. She stressed the City should “take care of the garbage” before constructing any new land developments. Tony Cannon, 1245 Club Road, Woodstock, IL: In response to Mr. Cannon’s inquiry regarding the proposed curb cut for the project, he was advised the project’s curb cut would not affect that of the Fountain Shoppes, Mr. Cannon’s property. Mr. Cannon acknowledged he is in favor of retail development in the area but expressed some concern regarding access to Route 31 due to traffic congestion. He opined a cross-access easement agreement should help both properties obtain access to Route 31. Mr. Cannon stated they raised their building 3’ off of the base to accommodate the surface water runoff flow from the building. Mr. Barnes stated the development of the subject property should in fact assist with drainage from Mr. Cannon’s property. In response to Mr. Cannon’s inquiry, Deputy City Administrator Martin stated sidewalks would be required in the development. Ed Buss, Buss Ford, 111 South Route 31: Mr. Buss asked if the project was being constructed all at one time or in phases. Mr. Greco responded all parts of the project would be constructed simultaneously. Mr. Buss expressed concern that the mini-warehouse storage facility would be built and the retail portion would remain unconstructed. Mr. Greco reiterated it would be built as one entire project. Deputy City Administrator Martin noted Staff would recommend approval in accordance with the site plan presented. The site plan would include all buildings in the project. Mr. Buss again expressed concern that the City would approve the project and then the developer would construct the mini- warehouse storage facilities but decide to hold off on building the retail center due to the economy. Mr. Cannon inquired if there would be a marquee sign. Mr. Greco responded the free-standing sign would be similar to that of the Fountain Shoppes. Mr. Poper stated the applicant would meet all requirements of the sign ordinance. No variances would be sought. In response to an inquiry, Mr. Greco stated there would be no outside storage associated with the storage facility. All storage would be contained within the buildings. There being no further inquiries from the audience, Interim Chairman Schepler closed the public input portion of the Hearing at 8:15 p.m. Planning and Zoning Commission August 19, 2010 Page 5 Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 756, an application for the following as submitted by Tommy’s Transfer Station LLC for the property located at 305 North Front Street: Conditional Use Permit to allow a mini warehouse facility and drive-in establishment on the subject premises; Be approved subject to the project being developed in substantial conformance with the plans submitted with the application and prepared by Steve Barnes revised 7/28/2010; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance ,has been met Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Comments by Commissioners: Nadeau: Stated he had reservations regarding the project, particularly during these tough economic times. He worried there might be an empty retail building for awhile. Schepler: He likes the project and noted it is well-designed. He wished the applicant well. Buhrman: Referencing the comment by Ms. Smith, he noted Mr. Greco has owned the subject property for twelve years and has no interest in the vacant buildings located north of the Mchenry Library. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 756, an application for the following as submitted by Tommy’s Transfer Station LLC for the property located at 305 North Front Street: 1. Variance to allow a 197 foot lot width on a lot abutting an arterial street; 2. Variance to allow six principle buildings on a zoning lot; Be approved subject to the project being developed in substantial conformance with the plans submitted with the application and prepared by Steve Barnes revised 7/28/2010; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance ,has been met Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Interim Chairman Schepler closed the Public Hearing regarding File No. Z-756 at 8:23 p.m. Planning and Zoning Commission August 19, 2010 Page 6 Public Hearing: City of McHenry File No. Z-757 Test Amendment – Illegal Signs Interim Chairman Schepler called the Public Hearing to order at 8:23 p.m. regarding File No Z-757, an application for text amendment relating to illegal signs as submitted by the City of McHenry. Interim Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on July 30, 2010. A Certificate of Publication is on file in the City Clerk’s Office. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted Staff has noted great difficulty in enforcing the City’s sign ordinance, particularly as it relates to temporary signs or illegal signs. The ordinance currently provides for a 14-day window in which these signs must be removed. The matter was recently discussed at the Community Development Committee where a recommendation was made to amend the ordinance to provide for removal of such signs within three days of notice of violation. Deputy City Administrator Martin noted currently if an illegal sign is posted Staff must provide 14 days for the sign to be removed or otherwise brought into compliance. In many instances the business is provided with a fourteen-day free advertising mechanism due to the latitude granted by the 14-day compliance factor. He noted initially it was Staff’s recommendation to require compliance within five days of notification. Following discussions at the committee level, the recommendation was made to require compliance within three days of notification. This is the recommendation before the Commission for consideration this evening. Interim Chairman Schepler opened the floor to questions and comments from the Commission. The question was raised as to how the issued would be addressed if the violator claimed they “never received notice of the violation”. Deputy City Administrator Martin responded it would be handled in the same manner as any other code violations. The goal is compliance with the Municipal Code and Zoning Ordinance. Clarification was sought as to what would happen if a sign is posted without benefit of securing a permit. Deputy City Administrator responded the sign would have to be removed within three days of notification of the violation. In response to an inquiry, Deputy City Administrator Martin noted the Construction and Neighborhood Services enforces code compliance. When asked if violations would be instigated by Staff observation, Deputy City Administrator noted the violations would typically be complaint driven as well as noted by Staff observation during the course of performing their daily inspections. He further noted the proposed amendment from fourteen-day compliance to three-day compliance is due to abuse of the sign ordinance, particularly as it relates to posting of temporary signs and banners. Discussion occurred regarding signs left in place following a company going out of business. Deputy City Administrator Martin noted the ordinance currently stipulates that these “abandoned” signs must be removed within 120 days of the company going out of business. Discussion continued regarding the need to remove abandoned signs more quickly. Planning and Zoning Commission August 19, 2010 Page 7 Question was raised as to an annual renewal of approved signs. Deputy City Administrator Martin responded the ordinance does not currently require annual permit renewal. Interim Chairman Schepler noted there was no one in the audience who wished to comment on this matter. Motion by Nadeau, seconded by Morck, to recommend to City Council with regard to File No. Z-757, a request for text amendment relating to removal of illegal signs within three days of notification be approved Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Interim Chairman Schepler closed the Public Hearing regarding File No. Z-757 at 8:35 p.m. Other Business Nadeau noted when there are spectators in the audience relating to a particular case, they should be able to see the plans which are being presented before the Commission for consideration. Deputy City Administrator Martin noted the Public Notice informs the public that the application being considered by the Commission is available for viewing in the Office of the City Clerk in advance of the Public Hearing. Thacker noted the last time there was a large audience present for a Public Hearing the people moved to a place where they could view the exhibits along with the Commission. The members of the audience can always relocate so they can see the Petitioner’s exhibits. Adjournment Motion by Nadeau, seconded by Thacker, to adjourn the meeting at 8:40 p.m. Voting Aye: Buhrman, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. The meeting was adjourned at 8:40 p.m. Respectfully submitted, _____________________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry