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HomeMy WebLinkAboutMinutes - 11/01/2007 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting November 1, 2007 Chairman Howell called the November 1, 2007 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, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: None. Also in attendance were: Attorney Cahill, Planner (Jurs) Kolner, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Cadotte, to approve the minutes of the Planning and Zoning Commission as follows: October 18, 2007 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried. Public Hearing: Boone Lagoon Enterprises, LLC File No. Z-714 3706 West Elm Street Conditional Use Permit and Variance Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-714, an application for the following as submitted by Michael and Mary Gibbard, d/b/a Boone Lagoon Enterprises, LLC for the property owned by Ronald Bykowski and located at 3706 West Elm Street: Conditional Use Permit to allow a coffee kiosk with two drive-up windows; Variance to allow a reduction in the required number of stacking spaces from 10 to 9. In attendance were applicants Mary and Michael Gibbard and property owner Ronald Bykowski, who were all sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on October 12, 2007. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Ms. Gibbard stated they are seeking a conditional use permit for a drive-up coffee kiosk and variances to reduce the number of required stacking spaces for the property which formerly was the site of Napoli Pizza. The building would have two drive-up windows. Ms. Gibbard noted the aesthetics of the site would be greatly improved and the use would provide a nice amenity to the area and the Riverwalk when it expands north of Route 120. Planner Kolner provided the commissioners with the Staff Report regarding this matter. She noted Staff reviewed the request and recommended the applicant utilize some device for stopping traffic to help with onsite flow, particularly for the second drive-up window on the east Planning and Zoning Commission November 1, 2007 Page 2 side of the building. Planner Kolner noted the applicants are closing the access from the property onto Route 120. The only access to the site would be from Millstream Drive on the west side of the lot. The existing free-standing sign advertising Napoli’s will be removed as it is located within the public right-of-way. All signed utilized by the applicants will conform to the City’s sign ordinance. Planner Kolner also noted the applicants have provided a site plan which includes landscaping which would greatly improve the aesthetics of the site. The kiosk would have water and sewer directly plumbed into it. It is Staff’s recommendation to approve the request subject to complying with the provided site plan, and striping and signing the site to adequately direct onsite traffic flow. Chairman Howell opened the floor for questions and comments from the commissioners. In response to an inquiry, Ms. Gibbard stated there would be a maximum of three employees on the premises at a given time. In most instances, when not during peak hours, there would be two employees. The typical turn-around time for customers would be 3-5 minutes. Responding to concerns regarding on-site traffic movement, Ms. Gibbard stated they would utilize signs and striping to direct customers to the second drive-up window to be located on the east side of the building. Some concerns were raised regarding the turning radius for customers utilizing the second drive- up window on the east side of the kiosk. Ms. Gibbard stated her engineers have determined the radius shown on the site plan is workable. Concern was also expressed regarding the close proximity of the two side-by-side entry/stacking lanes and the possibility of fender benders, particularly during the winter season. Ms. Gibbard responded a stop sign would be placed on the west side of the kiosk in an effort to assist with onsite traffic flow. Some discussion followed regarding possible traffic tie-ups while vehicles were awaiting a left hand turn onto Millstream Drive when approaching the business from the east-bound lanes. Planner Kolner noted customers would also be able to utilize the traffic light at Front and Elm and approach the site via looping around on Millstream Drive. In response to a question regarding the proposed hours of operation, Ms. Gibbard stated the kiosk would open at 5:30 a.m. and close at approximately 6 p.m. Peak times would be early morning hours and would slow down by lunchtime. The business would operate seven days per week. Question was raised as to where snow could be pushed on the site. Ms. Gibbard responded either at the rear of the lot or along the south wall of the maintenance garage which will remain on the premises. Responding to an inquiry regarding signs, Ms. Gibbard stated the Napoli Pizza sign would be removed. A free-standing sign would be erected on the site; a wall sign and lane-directional signs would also be used. Ms. Gibbard noted they would comply with the sign ordinance. Ms. Gibbard stated in addition to various coffee beverages, pickup breakfast food, i.e. muffins, scones, etc. would be available. The food would either be purchased pre-packaged or from the local bakery. It would not be baked on the premises. Planning and Zoning Commission November 1, 2007 Page 3 Question was raised as to the purpose of the garage remaining on the site. Mr. Bykowski responded the garage is used by his maintenance workers who store snow plows, mowers, repair tools, etc. in the building. Referencing the applicants’ narrative which accompanied their application, commissioners inquired as to how the business would partner with community organizations. Ms. Gibbard responded they could assist by offering fundraiser items, such as coupon books or punch cards, and split the profits with local organizations. In response to an inquiry regarding the location of the dumpster, Ms. Gibbard stated the dumpster would be located at the rear of the lot, and would be screened as required by ordinance. Additionally, bollards would be used to protect the kiosk from vehicle damage. In response to Chairman Howell invitation for questions or comments from the audience, there were none. There was no further testimony, question or comment regarding this matter. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-714: 1. a request for a conditional use permit to allow two drive-up windows in conjunction with a coffee kiosk for the property located at 3706 West Elm Street, as submitted by Mary and Michael Gibbard, be granted, and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met; 2. A request for a variance to allow a reduction in the number of stacking spaces from ten to nine for the coffee kiosk located at 3706 West Elm Street, as submitted by Mary and Michael Gibbard, be granted, and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the Public Hearing at 7:54 p.m. Public Hearing: City of McHenry File No Z-717 Text Amendments Zoning Ordinance and Subdivision Control and Development Ordinance Chairman Howell at 7:55 p.m. convened the Public Hearing regarding File No. Z-717, a request for various text amendments to the Zoning Ordinance and Subdivision Control and Development Ordinance as submitted by the City of McHenry. Notice of the Public Hearing was published in the Northwest Herald on October 15, 2007. The Certificate of Publication is on file in the City Clerk’s Office. Planning and Zoning Commission November 1, 2007 Page 4 Planner Kolner provided the commissioners with a Staff Report regarding this matter. The proposed amendments to the Zoning Ordinance relate to: 1. Definitions relating to Adult Use as directed by the City Attorney due to recent legislation passed pertinent to this matter. 2. Permitted and Conditional Uses: The list of uses was reviewed to determine which uses are old/unused and which ones could be updated. Some uses should be deleted and others should be reworded or added. 3. Administration – Conditional Use: Language to automatically revoke a conditional use which is no longer active for one year is being added. If this language is added, Council will no longer be required to take action to revoke a conditional use permit. Staff will be able to track “closed” businesses and revoke the permit when the appropriate time has elapsed. 4. Grand Opening Signs: Restrictions, duration, and size of grand opening signs should be modified to more adequately assist businesses in advertising their grand opening. This type of event is unique and efforts should be made to assist new businesses during their grand opening. The size of the sign allowed would be proportional to the building frontage. Currently, the sign can be no larger than 32 square feet. The duration of the sign would be 30 days. Permit fee charged would be $50 plus a $200 deposit which would be refunded when the sign has been removed at the conclusion of the 30-day period. 5. Temporary Storage Trailers: The use of temporary storage trailers by big box stores during the Christmas shopping season for on-site inventory storage should be included as a permitted temporary use. Annually, the larger stores seek a temporary use to allow on-site storage trailers to store inventory for the Christmas shopping season. There are currently no provisions for such a use. Staff has suggested regulations be included to allow this type of use. Regulations could include: a) No more than eight trailers permitted on-site at any given time; b) Retailer must have at least an 80,000 square foot facility; c) Trailers must be situated in the rear yard, or behind the front building line; d) Duration of permit should be from October 1st to January 31st Planner Kolner stated the proposed changes to the Subdivision Control and Development Ordinance pertain to the fees for Engineering Reviews and Inspections. Staff is suggesting flat fees be implemented for projects requiring engineering reviews. Fees would be paid directly to the City Engineer and no reviews would commence until the fees have been paid. The suggested fee scale is based on the engineer’s opinion of probable cost for all public improvements associated with a development: For projects less than $500,000 3% of project cost For projects between $500,001 and $1,000,000 2.5% of project cost For projects greater than $1,000,000 2% of project cost In each instance the City would require 0.5% of the fee to defray the cost of Public Works reviews and inspections. Chairman Howell invited questions and comments from the commissioners. Planning and Zoning Commission November 1, 2007 Page 5 Clarification was requested regarding the proposed automatic revocation of conditional use permits. Planner Kolner stated currently any conditional use permits which are not active require Council action to revoke them. The language amendment would allow Staff to track conditional use permits and, once they have been abandoned for one year, revoke them administratively, without Council action. When questioned further, Planner Kolner stated Staff would have to be diligent in monitoring the activity of businesses to which conditional use permits have been granted. In response to Chairman Howell’s inquiry, there were no questions or comments from the audience regarding this matter. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-717, to recommend to City Council that: A) The proposed amendments to the Zoning Ordinance be granted as to: 1. Definitions relating to Adult Use. 2. The List of Permitted Uses and Conditional Uses be amended as presented 3. Administration – Conditional Use: Insert language permitting Staff to automatically revoke conditional use permits which have been abandoned for one year. 4. Grand Opening Signs: Create a category for Grand Opening Signs including size restricted to 1.5 times the length of building frontage, to be posted for no more than 30 days, with a fee of $50 plus a refundable $200 deposit, upon timely removal of the sign. 5. Temporary Storage Trailers: Implement the use of temporary storage trailers by big box stores during the Christmas shopping season for on-site inventory storage subject to the following restrictions: a) No more than eight trailers permitted on-site at any given time; b) Retailer must have at least an 80,000 square foot facility; c) Trailers must be situated in the rear yard, or behind the front building line; d) Duration of permit should be from October 1st to January 31st B) The proposed amendments to the Subdivision Control and Development Ordinance be amended as presented: Create Flat Engineering Fees as follows based on the engineer’s opinion of probable cost for all public improvements associated with a development: For projects less than $500,000 3% of project cost For projects between $500,001 and $1,000,000 2.5% of project cost For projects greater than $1,000,000 2% of project cost In each instance the City would require 0.5% of the fee to defray the cost of Public Works reviews and inspections. Planning and Zoning Commission November 1, 2007 Page 6 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the Public Hearing at 8:20 p.m. Other Business Planner Kolner noted Staff prepared a resolution establishing the 2008 meeting schedule and requested Commission action to provide for its approval. Motion by Nadeau, seconded by Cadotte, to pass and approve a resolution establishing the following Planning and Zoning Commission meeting dates for 2008: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 3 Thursday 7 Thursday 6 Thursday 17 Thursday 21 Thursday 20 Thursday APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M. 3 Thursday 1 Thursday 5 Thursday 17 Thursday 15 Thursday 19 Thursday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 10 Thursday 7 Thursday 4 Thursday 24 Thursday 21 Thursday 18 Thursday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 2 Thursday 6 Thursday 4 Thursday 16 Thursday 20 Thursday 18 Thursday Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Some discussion followed regarding the proposed overabundance of signs for the new strip mall in Northgate West Development. Discussion also occurred regarding the closed gas stations in the City. It was suggested one and possibly two more stations might be closing in the near future. Brief discussion followed regarding forced annexation of the Crystal Lake Road properties. It was pointed out the City has adopted the Crystal Lake Road Sub-Area Plan which will be a guide as this area becomes redeveloped. Planner Kolner announced there would be a meeting on November 15, 2007. There is one item on the agenda. Planning and Zoning Commission November 1, 2007 Page 7 Adjournment Motion by Ekstrom, seconded by Buhrman, to adjourn at 8:38 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry