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HomeMy WebLinkAboutMinutes - 04/05/2007 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting April 5, 2007 Chairman Howell called the April 5, 2007 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:32 p.m. In Attendance were the following: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Schepler. Also in attendance were: Attorney Cahill, Director of Community Development Napolitano, Community Development Administrative Assistance Oliver. Approval of Minutes Buhrman noted a typo on page 1, March 15, 2007 minutes and requested Margaret Adams name be removed from paragraph 3 as she was not in attendance. Motion by Cadotte, seconded by Nadeau, to approve the March 15, 2007 minutes of the Planning and Zoning Meeting as amended. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Aye: None. Not Voting: None. Abstained: None. Absent: Schepler. Motion carried 6-0. Public Hearing: Rodney Schuh File No. Z-704 2350 West Route 120 Conditional Use Permit Chairman Howell at 7:35 convened a Public Hearing regarding File No. Z-704 a request for conditional use permit to allow the outdoor display, sale and storage of boat lifts, piers and related material, as submitted by Rodney Schuh (Captain Rod) for the property located at 2350 West Route 120. In attendance were Applicants Rodney Schuh and John Schuh who were sworn in by Chairman Howell. Also in attendance were the following: 1. Charlotte Urban 2407 Country Lane, McHenry IL 60051 2. Donna Mill, 2414 West Route 120, McHenry IL 60051 3. Tom Reindl, 9817 Arthur Drive, Algonquin IL 60102 4. Dennis Reindl, 1175 Aberdeen Road, Inverness IL 60067. Cadotte noted the signature on the Public Notice for Z-704 is incorrect and questioned if it was legal. Attorney Cahill advised that it was appropriate notice. Planning and Zoning Commission April 5, 2007 Page 2 Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on March 17, 2007. A Certificate of Publication is on file in the City Clerk’s Office. Notices were mailed to all adjacent property owners of record. Receipts of certified mailing as well as an affidavit of posting and notification requirements are on file in the City Clerk’s Office. Rodney Schuh presented photos showing a temporary display of boat lifts and piers on the subject property located at 2350 West Route 120. He stated he had complied with the City’s requests at his former location on Route 120. He stated he was now seeking a conditional use permit at the new location. He noted the new location offered better parking and an improved display area. Director Napolitano provided the commissioners with a Staff Report regarding this matter. He noted the City had received two letters of objection for the Commission’s consideration. One letter was received from Northwest Electrical Supply, a business located to the west of the subject property, and one letter was received from Henry Zaleski who resides to the north of the property. Director Napolitano noted the applicant had received a temporary use permit from the City Council to allow the outdoor display, storage and sales. The temporary use was granted due to the nature of the applicant’s business, particularly as the sales of such equipment would occur primarily at the beginning of the boating season. Rodney Schuh noted there are similar businesses in the area with outside displays and believes his display to be better than others. Responding to an inquiry, Mr. Schuh stated that Christian Khayat owns the subject property as well as the adjacent restaurant business. Mr. Schuh noted Mr. Khayat is creating a cross-access drive-thru for his restaurant, which would utilize a portion of the subject property. In response to a question by Buhrman regarding the cross-access drive- thru, Rodney Schuh stated the drive-thru access would not have an impact on his available parking. In response to an inquiry as to why the boat lifts are located so close to Route 120, and why they are not placed behind the front yard building setback, Mr. Schuh responded it was so the display would not interfere with Mr. Khayat’s parking and access drive from the adjacent property. Mr. Schuh also expressed concern that his business would not be readily visible due to other business’ outside displays in the area. Commissioner Thacker stated Captain Rod’s sign is very visible and opined his customers would readily be able to find the business. John Schuh stated people who have no previous experience with the business would not come in if not made aware of the business through the outside displays. Rodney Schuh stated the boat lift and pier selling season is short; the lifts and piers would not be displayed year-round. Commissioner Thacker asked if the applicants had received a copy of the letter of objection filed by Northwest Electrical. The applicants had not received the letter. John Schuh noted Nye Auto blocks more from view than their boat lift display. He further stated the boat lifts and piers do not block the view for west bound traffic on Rte 120. Citing the concerns raised regarding Planning and Zoning Commission April 5, 2007 Page 3 neighborhood safety, Rodney Schuh indicated the property owner plans to erect a fence along the rear property line. Buhrman pointed out the free-standing sign is oversized when reviewed in light of the City’s new sign code. He noted the applicants have an oversized wall sign on the building as well. Director Napolitano responded the free-standing sign is pre-existing non-conforming. The wall sign meets the sign code. Responding to an inquiry from Cadotte, Rodney Schuh stated he believes the displays do not block the view of Northwest Electric from passers-by. Mr. Schuh stated Nye Auto blocks the view of Captain Rod’s. He further stated Northwest Electric is visible through the lifts which are open structures. Responding to Chairman Howell’s question, Rodney Schuh stated he has received an occupancy permit as well as sign permits. Chairman Howell invited questions and/or comments from the audience. The following were sworn in by Chairman Howell prior to making their statements: Thomas Reindl, President of Northwest Electrical Supply: Mr. Reindl presented photos showing how the boat lifts with canopies obstruct the view of his building’s display windows and the entrance drive to his facility. He noted on Friday, March 30th there was almost an accident between one of his customers and a semi truck due to the obstructed view of the entrance drive. Mr. Reindl stated he considers “outside storage” to be additional signage. He stated he should be allowed to put out skids of electrical equipment and supplies in front of his building so that he could have free advertising as well. He requested the displays be moved behind the front yard setbacks of the property. He opined the business should be consistent with neighbors who use signage and display windows for products. Chairman Howell asked if Mr. Reindl had noticed a decrease in traffic coming into his store. Mr. Reindl replied customers have difficulty entering his drive due to the confusion caused by the outdoor display. Mr. Reindl further stated he utilizes temporary portable signs twice per year as allowed with a special permit. Charlotte Urban, 2407 Country Lane: Ms. Urban stated her property abuts the subject property. She submitted photos depicting what her previous view was looking from her rear property line and compared them to photos of her current view from that location. She stated the current view is unsightly. It includes a very large pile of dirt at her property line and highly disorganized storage of equipment. She said previous businesses at this location were much neater. Donna Mill, Northwest Electrical Supply: Ms. Mill presented photos of what a driver would see when driving west-bound on Route 120. Chairman Howell asked her if there had been a decrease of traffic coming into her store since the boat lift and pier displays were erected. Ms. Mill responded it is difficult to judge as the displays have only been posted one month. Chairman Howell inquired if Northwest Electrical is a retail or wholesale store. Ms. Mill responded the showroom is retail and the warehouse is wholesale. Planning and Zoning Commission April 5, 2007 Page 4 Dennis Reindl, CEO Northwest Electrical Supply: Mr. Reindl provided more details regarding the lack of visibility of Northwest Electrical Supply’s sign and explained how Captain Rod’s oversized sign is detrimental to his business. Mr. Reindl stated one-forth of their annual $18 million in sales comes from this location which generates quite a bit of sales tax for the City of McHenry. He noted if the City allows Captain Rod to display his merchandise outside, all businesses should be able to have roadside displays as well, which would result in the whole area resembling a junk yard. Chairman Howell asked about current store revenue compared to last year. Mr. Reindl responded he did not know yet as the outdoor display had been in place for only one month. Mr. Reindl further stated his concerns regarding traffic. He also noted he was not advised of the rear “road” access for drive-thru between Mr. Khayat’s restaurant and Captain Rod’s. Director Napolitano responded it is a driveway, not a road; and therefore public notice is not required. Chairman Howell inquired if there were further questions or comments. Mr. Thomas Reindl: Mr. Reindl asked if his business had to suffer an economic loss in order to have their concerns considered or addressed. Mr. Reindl also asked if there was anything to prevent Captain Rod from painting his name on the boat lift canopies. Chairman Howell noted public comment was closed at 8:23 pm. Rodney Schuh stated he appreciated Northwest Electrical Supply’s concern, but their signs appear to be visible at least 400’ beyond his displays. He also mentioned he is shocked by the objections. He stated his displays are located 40’ off the road and the canopies are only 20 feet long. He noted eastbound traffic views a used car sales lot. In response to Chairman Howell’s suggestion of a compromise by moving the display back an additional 30 feet, Rodney Schuh stated he would follow the City’s directive. However, moving the displays further back would not solve the problem as the displays would still block the Northwest Electrical Supply showroom. Mr. Schuh stated he only has three months in which to conduct $2 million in retail sales each year. Some discussion followed regarding limiting the number of months during which the outdoor display would be permitted each year. Nadeau stated it appeared the boatlifts were not the issue. The lifts which have canopies seem to be causing a visibility problem for the neighbors. Nadeau suggested moving the lifts with canopies closer to or behind the building. John Schuh said they could not move them to the back because the parking is needed and jointly shared with the restaurant. Rodney Schuh agreed that a 30’ set back was acceptable. Nadeau and Cadotte suggested putting the canopies in the back and noting on the sign “the canopies are in the rear”. Rodney said people do not have time to read the signs because they are speeding past. He noted the speed limit is 40mph. Thacker inquired as to the percentage of walk-in business. Rodney Schuh responded this is a specialty business. Theft is a primary concern as he has experienced more than $35,000 in property stolen from his business. Planning and Zoning Commission April 5, 2007 Page 5 Director Napolitano informed the commissioners there is a 35’ front yard set back in the C5 Commercial District. If the building were destroyed a new one could be built 30’ from the front property line. Responding to Dennis Reindl’s inquiry, Chairman Howell stated the boat lifts are not signs and would not be covered by the sign code. In response to Chairman Howell’s inquiry, there was no further testimony, questions or comments regarding this matter. Motion by Cadotte, seconded by Buhrman, to recommend to Council with regard to File No. Z- 704 a conditional use permit to allow outdoor display, storage and sales of merchandise at 2350 West Route 120, be approved subject to the following conditions: 1)Outdoor display and sales be limited to areas indicated on the site plan; 2)Display area should be 85 feet back from the centerline of Route 120; 3)Storage should be limited to the fenced-in area in the rear of the building.. Director Napolitano suggested the display area should be set back 30 feet from the front property line. The motion was amended and voted upon. Voting Aye: Buhrman, Cadotte. Voting Nay: Ekstrom, Howell, Thacker, Nadeau Not Voting: None. Abstaining: None. Absent: Schepler Motion failed 2-4. Comments by Commissioners. It was the consensus of the Commission not to support the request as the front yard setback should be followed and conformity of setback should be required along Route 120. Motion by Nadeau, seconded by Cadotte, to recommend to Council with regard to File No. Z- 704, a conditional use permit to allow outdoor display, storage and sales of merchandise at 2350 West Route 120, be approved subject to the following conditions: 1) Outdoor display of boat lifts having canopies should be placed in the back and not further forward than the front of the building. Voting Aye: Cadotte, Nadeau. Voting Nay: Buhrman, Ekstrom, Howell, Thacker Not Voting: None. Abstaining: None. Absent: Schepler. Motion failed 2-4. Planning and Zoning Commission April 5, 2007 Page 6 Motion by Thacker, seconded by Ekstrom, to recommend to Council, with regard to File No. Z- 704, to deny the petition for a conditional use permit to allow the outdoor display, storage and sale of merchandise at 2350 West Route 120 based on failure to meet the Approval Criteria for Conditional Use Permits, Table 31, of the Zoning Ordinance. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Thacker. Voting Nay: Nadeau. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 5-1. Comments by Commissioners: Thacker stated the plan is doable, but not as presented before the Commission this evening. Chairman Howell stated he could not support the request in any form. Chairman Howell closed the Public Hearing at 8:56 p.m. and called for a brief recess. Public Hearing: Curtis Commercial Inc. File No. Z-703 1110 North Green Street Zoning Map Amendment and Conditional Use Permit Chairman Howell at 9:05 p.m. convened a Public Hearing regarding File No. Z-703 a request for zoning map amendment to C4 Downtown Commercial District and a conditional use permit for expanded site plan review in the Downtown Overlay District., as submitted by Curtis Commercial Inc for the 1.1 acre site located at 1110 North Green Street. In attendance were Applicant John Curtis of Curtis Commercial Inc and Architect John Jurewicz who were sworn in by Chairman Howell. Also in attendance were the following: 1. Ned Neumann, 308 Country Club Drive, McHenry IL 60050 2. Christopher Zock, 6419 Midleton Lane, McHenry IL 60050. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on _______________. A Certificate of Publication is on file in the City Clerk’s Office. Notices were mailed to all adjacent property owners of record. Receipts of certified mailing as well as an affidavit of posting and notification requirements are on file in the City Clerk’s Office. Mr. Curtis said he had been working with the city for about one year on engineering, landscaping and parking for the site which is located at 1110 North Green Street. He presented a rendering of a building which included a three-story parking structure, one level of retail, and three levels of residential condos. Mr. Curtis noted he is currently negotiating with a restaurant for one of the commercial units. There is a roof garden planned which will be maintained by a homeowners association. Planning and Zoning Commission April 5, 2007 Page 7 Director Napolitano noted the City is breaking new ground in the downtown area with the redevelopment of this property and working within the confines of the recently approved downtown overlay district requirements. Nadeau asked if there was a separation of parking for residents and the public. Mr. Curtis replied in the affirmative. Mr. Curtis said residents would have one designated underground space and one designated space on the second level. Brief discussion occurred regarding HVAC systems, screen and sound buffering Discussion occurred regarding the color of the bricks and concrete. Architect John Jurewicz discussed the goals with the building construction included blending in with old world craftsmanship, simplicity and elegance to complement and enhance the Riverwalk. In response to an inquiry, it was noted that the City would not require a traffic study for the development. Mr. Jurewicz noted signage on the retail units would be uniform. In response to Chairman Howell’s inquiry, there were no further questions or comments from the commissioners regarding this matter. There were no public comments or questions. Motion by Cadotte, seconded by Nadeau, to recommend to Council with regard to File No. Z- 703, a request for zoning map amendment to C4 Downtown Commercial District for the property located at 1110 North Green Street, be approved, and that Table 33, the Approval Criteria for Zoning Map Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler Motion carried 6-0. Motion by Cadotte, seconded by Nadeau, to recommend to Council with regard to File No. Z- 703, a request for a conditional use permit to allow an expanded site plan review in the Downtown Overlay District to permit a four-story mixed use building on the property located at 1110 North Green Street, in substantial conformance with the plans submitted and subject to the following conditions: 1. A landscaping plan shall be provided for review and approval by the Community Development Department prior to the start of construction; 2. Specifications for proposed signage for the first floor tenants (size, color, etc) shall be provided to the Community Development Department for approval; And that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Planning and Zoning Commission April 5, 2007 Page 8 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Chairman Howell closed the Public Hearing at 9:35 p.m. Other Business Responding to inquiries, Director Napolitano stated J.C. Penney was locating a facility in Johnsburg, TGI Friday’s has decided not to build in the area, and Olive Garden is proposing a facility in the Shops at the Fox Outlot. Director Napolitano reported the April 19th meeting would be a planning session in conjunction with the Landmark Commission. New software would be introduced which would keep members apprised of the status of developments coming into the City as well as present updates for ongoing projects. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 9:45 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. The meeting was adjourned at 9:45 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry