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HomeMy WebLinkAboutMinutes - 12/16/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION December 16, 2004 The December 16, 2004 regularly Scheduled meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:30 p.m. in the McHenry Municipal Center Classroom. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Absent: Schepler, Thacker. Also in attendance: Planner Martin, Deputy Clerk Kunzer, Attorney Kelly Cahill. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the minutes of the December 2, 2004 regularly scheduled Planning and Zoning Commission Meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Schepler, Thacker. Motion carried 5-0. Public Hearing – Bio-Medical Applications of Illinois File No. Z-633 4312 West Elm Street Chairman Howell at 7:31 p.m. called to order the Public Hearing regarding a request for Conditional Use Permit to operate a renal-care/dialysis clinic on the property located at 4312 West Elm Street, as submitted by Bio-Medical Applications of Illinois. In attendance were Paul Schindlbeck, Project Manager, for Fresenius Medical Care, Nancy Knaus, Area Manager for Fresenius Medical Care, and Attorney Mark Saladin of Zanck Militello, and Coen, who were all sworn in by Chairman Howell. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on November 26, 2004. A Certificate of Publication and receipts of notification to abutting property owners of record are on file in the Office of the City Clerk. An Affidavit of Service and property posting is also on file in the Office of the City Clerk. Attorney Saladin stated the proposed use would occupy a currently vacant 7,500 square foot space in the McHenry Market Place. The subject property is located at 4312 West Elm Street and is zoned C-3 Community Commercial District. The proposed use is to operate a renal- care/dialysis clinic on the site. Attorney Saladin noted medical and professional offices are permitted in the C-3 District. However, medical clinics, as proposed by the applicant, require a conditional use in this district. Mr. Schindlbeck stated the applicant is proposing a 12-bed facility. He noted the establishment of this type of clinic is common in shopping centers or strip malls. Locating the clinic in this area provides a convenience for the patients and their families. P&Z Commission December 16, 2004 Page 2 Mr. Schindlbeck noted the clinic is operated pursuant to a permit being obtained from the Illinois Department of Public Health. A certificate of need must first be established. The applicant has secured a certificate of need for the clinic. Mr. Schindlbeck reported it likely that less than one-half of the patients would drive themselves to the site. Parking needs would be minimal for the facility. Fully staffed, there would be fourteen permanent employees. The hours of operation would initially be 9 a.m. until 4 p.m. three days per week. Ultimately, when at capacity within two years of opening, the clinic would operate between 6 a.m. and 10 p.m. six days per week. Mr. Schindlbeck noted the nearest clinic operated by the applicant is in Round Lake. There are currently fifteen McHenry residents who utilize the Round Lake clinic. There are potentially 32 patients in the area who would utilize the proposed McHenry clinic. Ms. Knaus reported patients are referred by physicians in the Fresenius Medical Care Group. Patients currently travel to Round Lake, which poses a hardship to them, as they become tired following their thrice weekly treatment. The treatments last between 4 and 4 ½ hours per session. After their session, patients go home to rest as the treatment is very tiring, particularly if they need to travel far afterward. Ms. Knaus stated there are two similar clinics in Crystal Lake, where there is currently a two-year waiting list. Ms. Knaus stated also available is a training program at the facility for those patients who are able to perform the treatment at home. She noted the facility could not open until a permit has been issued and inspections passed by the Illinois Department of Public Health. She stated inspections continue at least every two years. Attorney Saladin reported medical waste is removed from the premises by a licensed medical waste hauler. He then went over the approval criteria for conditional use permits as stated in the application. City Planner Martin provided the Commission with a Staff Report regarding the project. Focusing on the criteria for conditional uses, in Table 31 of the Zoning Ordinance, Planner Martin noted the proposed use will require less parking and generate substantially less traffic than a typical commercial use. Additionally, there will be no environmental nuisance created from the proposed use which will blend harmoniously with the adjacent properties. The use will not require any additional public services and facilities compared to other permitted/conditional uses in the C-3 district and it will not be detrimental to the public safety or health. Planner Martin stated, although the proposed use will not generate any sales tax, it will provide a vital service to the community and it will occupy a vacant tenant space within the shopping center. In conclusion, Planner Martin stated it is Staff’s recommendation to approve the request for a Conditional Use Permit for a kidney/dialysis clinic at 4312 West Elm Street. Chairman Howell invited questions and/or comments from the commissioners. P&Z Commission December 16, 2004 Page 3 In response to an inquiry, Ms. Knaus stated not other tests would be performed on the premises. Blood may be drawn, however, it would be sent out to a lab for testing. Responding to question regarding possible cross-contamination, Ms. Knaus stated all filters utilized in the dialysis process are disposed of and removed from the premises by a licensed waste hauler. Needles used in the treatment will be disposed of in a locked waste room within the building. Medical waste will be removed from the premises one or two times per week, dependent upon need. A manifest of removed medical waste is maintained. Mr. Schindlbeck stated there would be no machines or pumps located outside of the building which could cause a noise or environmental nuisance to the neighborhood. Responding to an inquiry, Ms. Knaus stated the on-site Medical Director oversees the care of the patients. Physicians from the Fresenius Medical Care Group visit the site during the week and monitor the care of their patients. In response to a question, Ms. Knaus stated marketing surveys indicate a need for dialysis treatment service in the community. In response to Chairman Howell’s inquiry, there were not comments and/or questions from the audience. Motion by Cadotte, seconded by Nadeau, regarding File No. Z-633, a request for Conditional Use Permit to allow the operation of a renal-care/dialysis clinic on the property located at 4312 West Elm Street, as requested by Fresenius Medical Care Group, 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, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 5-0. Chairman Howell adjourned the Public Hearing at 7:55 p.m. Public Hearing: Mario Valentini File No Z-632 4112 West Elm Street Chairman Howell at 7:56 p.m. opened the Public Hearing regarding File No. Z-632, an application for: 1. Conditional Use Permit to allow a drive thru in conjunction with a TacoBell/Long John Silver Restaurant; 2. Variance from Tables 14 and 15 to waive the requirement for a parking lot screening strip; 3. Variance from Table 13 to reduce the required number of off-street parking spaces, for the property located at 4112 West Elm Street, as filed by Mario Valentini. In attendance was applicant Mario Valentini of Warren Johnson Architects who was sworn in by Chairman Howell. P&Z Commission December 16, 2004 Page 4 Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on November 30, 2004. A Certificate of Publication and receipts of notification to abutting property owners of record are on file in the Office of the City Clerk. An Affidavit of Service and property posting is also on file in the Office of the City Clerk. Mr. Valentini stated Taco Bell is in the process of retrenching its image and has become a part of the Yum Foods network which is re-branding its stores. The McHenry store intends to raze the current building and replace it with a dual restaurant featuring both a Taco Bell and Long John Silver’s. Yum Foods intends to re-image its stores as opposed to reconfiguring them. The goal is to add life to the existing location in order to increase sales. In order to locate a new building on the site, the applicant needs to secure a conditional use permit for a drive-thru facility. Additionally, variances as to the required parking lot screening strip and reducing the number of required parking spaces are being sought. Planner Martin provided an overview of the Staff Report regarding this project. He noted Staff believes the land use is appropriate for this site. There is an existing Taco Bell restaurant on the premises. The property is zoned C-5. Planner Martin stated the existing Taco Bell has a drive- thru window but was developed prior to the need for a conditional use permit. The proposed drive-thru is essentially in the same location with the same configuration, except for an additional lane in front of the building to the east. Staff does not have any concerns with the requested conditional use permit for a drive-thru on the site. Planner Martin then provided comments regarding each of the following: Parking Lot Screening Strip Variance A 5-foot wide strip, with a 2-foot berm and 1.5 feet of landscaping, is required on all front and corner side lot lines in order to screen the parking. In this instance, there is not enough room to construct the required berm; therefore, the applicant has requested a variance from this provision. Staff has no concerns with this request, as the applicant has appropriately landscaped the site wherever possible given the size constraint of the site. Parking Variance The parking requirement for this facility is 20 parking spaces/1,000 square feet of floor area. Due to the fact that there is limited room on the site, this requirement cannot be met. The site plan shows 35 parking spaces which requires a parking space variance of 16 spaces. Staff believes this variance is acceptable due to the large carryout/drive-thru business that this restaurant will generate, reducing the need for off-street parking. Several other restaurants in the City on Richmond Road and Route 120 have received similar parking variances. Signage The applicant will be required to obtain variances from City Council for several proposed signs on the site. Staff believes that a landscaped monument sign should be utilized to enhance the aesthetics of the property. Lighting/Site Plan/Landscape Plan P&Z Commission December 16, 2004 Page 5 Staff recommends that the comments regarding the photometric plan and site plan be addressed prior to the issuance of a building permit. In conclusion, Planner Martin stated Staff recommends the following: • Approval of the Conditional Use Permit for a drive-thru facility with the conditions as outlined in the Staff Report. Staff finds that the criteria outlined in Table 31 of the Zoning Ordinance have been met. • Approval of Variance from Tables 14 and 15 to waive the requirement for a parking lot screening strip. Staff finds that the criteria outlined in Table 32 of the Zoning Ordinance have been met. • Approval of Variance from Table 13 to reduce the number of required off-street parking spaces. Staff finds that the criteria outlined in Table 32 of the Zoning Ordinance have been met. Chairman Howell invited questions and/or comments from the commissioners. Some questions and discussion occurred regarding Staff’s suggestion for a monument sign on the site. It was noted the location of a monument sign as proposed on the site plan could cause vision clearance problems. Pros and cons of monument signs versus pylon signs were discussed. In response to an inquiry, Mr. Valentini stated the green space area will contain the detention site. The Commission suggested moving the building further to the north on the site in order to provide more room for landscape buffer in the front as well as better monument sign placement which would enhance vision clearance. It was noted by locating the building further to the north, additional parking spaces might also be acquired, which would then reduce the parking variance request. Some discussion followed regarding placement of trees in the parkway. Noting the overhead power lines, the commissioners expressed concern regarding the disfigurement of the trees after being cut by the utilities. Mr. Valentini stated he is not proposing an outdoor seating area on the site. A lengthy discussion followed regarding the use of various wall signs on the building. Mr. Valentini noted the proposed sign package is a part of the marketing plan for the dual business venture. Mr. Valentini stated the awning do not contain lettering; however, logos associated with the two restaurants would be painted on the awnings. Responding to an inquiry, Mr. Valentini stated his willingness to comply with the City’s requirements regarding the photometric plan for the site. A lengthy discussion occurred regarding access to/from State Route 120. Mr. Valentini noted he has not yet approached Illinois Department of Transportation (IDOT) regarding the site plan and proposed ingress/egress from the premises. It was the consensus of the Commission that left P&Z Commission December 16, 2004 Page 6 turns onto Route 120 should be prohibited. It was further noted that IDOT may choose to limit the applicant to one access point onto Route 120. In that event, the proposed site plan would change considerably. In response to an inquiry, Mr. Valentini stated the existing building would be torn down and reconstruction on the premises initiated as quickly as possible. In closing Mr. Valentini stated his willingness to work with Staff regarding the proposal and requested the Commission provide a favorable recommendation to the City Council regarding his request. In response to Chairman Howell’s inquiry, there was no public comment and/or questions from the audience. Motion by Cadotte, seconded by Nadeau, regarding File No. Z-632, a request for Conditional Use Permit to allow a drive thru in conjunction with a TacoBell/Long John Silver Restaurant to recommend to approval to City Council subject to the following conditions: 1. Development of the property shall be in substantial conformance with the site plan and elevation plan prepared by Warren Johnson Architects Inc. dated 11/1/04 and the landscape plan prepared by Daniel Weinbach and Partners Ltd. Dated 11/9/04 and all site plan and signage comments shall be addressed prior to a building permit being issued; 2. The pole/pylon sign shall be replaced with a monument style sign; 3. A revised lighting plan, which complies with Staff’s recommendations, shall be submitted prior to the issuance of a building permit; 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, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 5-0. Motion by Cadotte, seconded by Buhrman, with regard to File No. Z-632, a request for variance from the requirements of Tables 14 and 15 of the Zoning Ordinance, that the requirement for a parking lot screening strip be waived; 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. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 5-0. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-632, a request for variance from the requirements of 13 of the Zoning Ordinance, that the requirement for off-street parking P&Z Commission December 16, 2004 Page 7 spaces be reduced from 51 to 35 spaces; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: Buhrman. Not Voting: None. Abstaining: None. Absent: Schepler, Thacker. Motion carried 4-1. Commissioner Buhrman stated the applicant should explore the addition of parking spaces from the green space at the northern portion of the site. The Public Hearing was adjourned by Chairman Howell at 8:50 p.m. Other Business Planner Martin provided the commissioners with a summary of recent Council action. Chairman Howell reminded the commissioners any aesthetics-type questions and/or complaints should be directed to him for forwarding to Staff for action and/or resolution. The Chairman was requested to pursue ordinance violations on the Lorenzo residence on Brittany Drive. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:58 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Schepler, Thacker. Motion carried 5-0. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.