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HomeMy WebLinkAboutMinutes - 11/16/2006 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting November 16, 2006 Vice Chairman Buhrman called the November 16, 2006 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. in the McHenry Municipal Center Council Chambers. In attendance were commissioners Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Absent: Howell. Also in attendance were Planner Zeller, City Attorney Rob Fetzner, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Schepler, to approve the minutes of the November 2, 2006 regularly scheduled Planning and Zoning Commission meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried 6-0. Approval of Resolution Establishing 2007 Meeting Dates Motion by Nadeau, seconded by Cadotte, to approve a resolution establishing the 2007 Planning and Zoning Commission Meeting dates as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 4 Thursday 1 Thursday 1 Thursday 18 Thursday 15 Thursday 15 Thursday APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M. 5 Thursday 3 Thursday 7 Thursday 19 Thursday 17 Thursday 21 Thursday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 5 Thursday 2 Thursday 6 Thursday 19 Thursday 16 Thursday 20 Thursday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 4 Thursday 1 Thursday 6 Thursday 18 Thursday 15 Thursday 20 Thursday Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried 6-0. Public Hearing – Green Clean Concepts File No - Z-690 364-382 Bank Drive Vice Chairman Buhrman called to order a Public Hearing at 7:37 p.m. regarding File No. Z-690 a request submitted by Michael Hurd for a conditional use permit to allow a dry cleaner with on- site processing at 364-382 Bank Drive. Planning and Zoning Commission November 16, 2006 Page 2 Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on October 31, 2006. A Publisher’s Certificate of Publication is on file in the City Clerk’s Office. Certified notices were mailed to all abutting property owners of record. An affidavit of service is on file in the City Clerk’s Office. In attendance representing the applicant were Applicant Michael Hurd and Attorney Lisa Waggoner of Waggoner & Waggoner Associates who were sworn in by Attorney Fetzner. Ms. Waggoner provided the Commission with an overview of the proposed project. She noted the applicant, Green Clean Concepts, is proposing to operate a dry cleaning plant in the strip center currently under construction at 364-382 Bank Drive, immediately south of the McHenry Savings Bank facility on Route 31. Green Clean Concepts will occupy a 1,200 square foot area. As their will be dry cleaning processing on site, a conditional use permit is required. Mr. Hurd stated he has been selling dry cleaning equipment for approximately thirty years. He noted both dry cleaning and normal laundry facilities will operate on the premises. Mr. Hurd explained the process which will be utilized in the dry cleaning portion of the operation. The solvent DF2000 being utilized is environmentally friendly. One gallon of the solvent will clean approximately 10,000 to 15,000 garments. The machine capacity is 22 gallons. All equipment is approved by the Environmental Protection Agency and OSHA. Mr. Hurd noted the equipment is manufactured in Japan. After the garments are cleaned they are finished with steam and pneumatic air, then hung and bagged which completes the process. Mr. Hurd stated the industry standard is that customers would typically come from 1 to 3 miles to obtain services at the facility. He further stated there would be no drive-through facility on the site. Attorney Waggoner went over the approval criteria for conditional use permits as stated in the application. Planner Zeller provided the Commission with a Staff Report regarding this project. Planner Zeller noted a dry cleaning establishment with onsite processing requires a conditional use permit. She noted, particularly with the newer technology and reduced amount of dry cleaning and environmentally-friendly solvent needed per load, Staff has no concerns and supports the request. Vice Chairman Buhrman invited comment and questions from the commissioners. Responding to an inquiry, Mr. Hurd stated the DF2000 solvent is safe and environmentally friendly. It costs twice as much to utilize this solvent and its machine than more usual or traditional dry cleaning solvents and methods. He noted the process is dry dirty to dry clean processing. In response to a question, Mr. Hurd stated solvent waste is removed by a hazardous waste hauler. The solvent would be purchased in 5-gallon pails. Approximately 6-8 pails would be used per year. Planning and Zoning Commission November 16, 2006 Page 3 Vice Chairman Buhrman noted there were no questions or comments from the audience. In closing, Attorney Waggoner stated the requested conditional use permit would authorize the use of this site for a dry cleaning plant. The applicant requests a positive recommendation be made to Council to grant the conditional use permit. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-690, a request for a conditional use permit to allow the operation of a dry cleaning facility with onsite processing at 364-382 Bank Drive as submitted by Green Clean Concepts, be granted; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. Vice Chairman Buhrman closed the Public Comment at 7:54 p.m. Public Hearing –McHenry Savings Bank File No. - Z-691 364-382 Bank Drive Vice Chairman Buhrman at 7:55 p.m. convened a Public Hearing regarding File No. Z-691 a request for variance from the Subdivision Control and Development Ordinance to eliminate the required parkway trees at 364-382 Bank Drive. In attendance was Mr. James Marinangel of McHenry Savings Bank who was sworn in by Attorney Fetzner. Mr. Marinangel stated notice had been provided to all abutting property owners of his request for variance. Mr. Marinangel stated the McHenry Savings Bank purchased the 14-acre site in order to construct their new building on Route 31. A portion of the property has been sold off. MEI Properties is currently developing their parcel located immediately south of the Bank facility. Mr. Marinangel noted while reviewing the proposed landscape plan for the MEI site, it was noted the required parkway trees would greatly inhibit visibility of the McHenry Savings Bank sign. The Bank is therefore seeking a variance from the Subdivision Control and Development Ordinance to authorize the elimination of the required parkway trees on the MEI site. Mr. Marinangel stated he would prefer that perennials or lower growing shrubs are planted in the parkway so that the Bank sign would be visible from Route 31. Mr. Marinangel also stated in addition to the trees blocking the view of the Bank sign, he is concerned there might be motorist sight visibility problems exiting from the subdivision. He believes trees planted in the parkway would obstruct visibility and would be a hazard. Planning and Zoning Commission November 16, 2006 Page 4 Planner Zeller provided the Commission with a Staff Report regarding this matter. Planner Zeller stated the Subdivision Control and Development Ordinance requires one tree to be planted 40’ on center within parkways. In Staff’s opinion, criteria numbers 1 and 2 have not been satisfied: 1. The variance is not consistent with the overall purpose and intent of the SCDO regulations; 2. Conditions are not unique to the subject property. Planner Zeller stated the variance request is satisfied in criteria numbers 3 and 4, however. Planner Zeller suggested the trees could be moved closer to the MEI parking lot and thereby retain the required number of parkway trees. The applicant has proposed a revised landscape plan which would increase the amount of landscaping on the site. Planner Zeller noted if the Commission would like to work with the applicant, a recommendation could be made to relocate the trees closer to the MEI parking lot curb. The applicant could also select a smaller tree species to be planted. Vice Chairman Buhrman invited questions by the commissioners. It was noted the City has a valid Subdivision Control and Development Ordinance; however, the applicant does have a valid point with regard to motorist obstruction and sign visibility. Mr. Marinangel suggested weeping crabapple trees be planted as they are smaller and would be less obstructive. Some discussion followed regarding the types of trees and number of trees which should be planted. Mr. Marinangel suggested smaller trees planted closer to the parking lot curb could present a win-win situation. Motion by Cadotte, seconded by Nadeau, with regard to File No Z-691, to recommend to the City Council that a variance from the Subdivision Control and Development Ordinance to allow four trees to be planted in the parkway of the MEI Development located at 362-384 Bank Drive and that: 1. the trees be planted closer to the parking curb, subject to Staff’s approval; 2. the trees be selected from the approved parkway tree list; And that the general provisions of Subdivision Control and Development Ordinance, Section 1, Sub-section 1.8 have been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. Comments by Commissioners: Ekstrom: There is a problem with requiring so many trees being planted in the parkway especially when overhead electrical wires would cause them to be trimmed or removed. She suggested the parkway tree portion of the ordinance should be reviewed. The Public Hearing was closed at 8:24 p.m. Planning and Zoning Commission November 16, 2006 Page 5 Public Hearing – Fernando’s Mexican Grill File No – Z-692 1237 North Green Street Vice Chairman Buhrman at 8:25 p.m. opened the public hearing regarding File No Z-692, a request for a conditional use permit to allow the operation of a restaurant serving alcoholic beverages as submitted by Fernando Perez for the property located at 1237 North Green Street. In attendance was Applicant Fernando Perez who was sworn in by Attorney Fetzner. Vice Chairman Buhrman stated noted of the Public Hearing was published in the Northwest Herald on October 30, 2006. A Certificate of Publication is on file in the City Clerk’s Office. Notices were sent to all abutting property owners of record. An affidavit of service is also on file in the City Clerk’s Office. Mr. Perez stated he intends to operate a Mexican food restaurant at 1237 North Green Street. He estimated approximately 90% of his sales would be generated by food and 10% by alcoholic beverages. He is proposing a family restaurant and would be seeking a liquor license so that the full range of alcoholic beverages could be served in conjunction with food. Planner Zeller provided the Commission with the Staff Report regarding this matter. Planner Zeller noted that a conditional use permit is required for a restaurant with the service of alcoholic beverages. Staff has no concerns with the request and supports the conditional use permit. Vice Chairman Buhrman invited questions and comments from the commissioners. Responding to an inquiry, Mr. Perez stated there is a bar in the restaurant which could be used for patrons waiting to be seated. He intends to limit the sale of alcoholic beverages to accompany food service. He stated he would operate a family style restaurant. He hopes to open before Christmas. In response to a question, Mr. Perez stated his hours of operation would be 10 a.m. until 10 p.m.. He anticipated he would begin with 5 or 6 employees. If business grows, that could be increased to perhaps 10 employees. Mr. Perez noted he has two employees who are already BASSETT certified and two employees who are health department certified. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-692, a request for a conditional use permit to allow a restaurant serving alcoholic beverages at 1237 North Green Street be granted; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Planning and Zoning Commission November 16, 2006 Page 6 Motion carried 6-0. The Public Hearing was closed at 8:35 p.m. Other Business Responding to an inquiry, Planner Zeller noted the work on the former Whale’s Tail Restaurant is progressing very slowly. Adjournment Motion by Nadeau, seconded by Cadotte, to adjourn the meeting at 8:37 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. The meeting was adjourned at 8:37 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary