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HomeMy WebLinkAboutMinutes - 06/18/2009 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting June 18, 2009 Chairman Howell called the June 18, 2009 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, Howell, Morck, Nadeau, Schepler, Thacker. Absent: None. Also in attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve minutes of the Planning and Zoning Commission as follows as presented: June 4, 2009 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: George Schmidt File No. Z-745 3425 Pearl Street Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-745, an application for conditional use permit to allow a restaurant serving alcoholic beverages as requested by George Schmidt for the property located at 3425 Pearl Street. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 2, 2009. 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. In attendance was Applicant George Schmidt, who was sworn in by Chairman Howell. Mr. Schmidt stated he purchased for former Whale’s Tail property approximately four years ago and has been working steadily to renovate it. He is now ready to open the Green Pearl Restaurant and is seeking a conditional use permit to allow the service of alcoholic beverages in conjunction with his restaurant. He stated he has initiated proceedings regarding securing a liquor license pending a recommendation from this Commission to the City Council regarding the conditional use permit. Deputy City Administrator Martin provided the Staff Report regarding this matter. He stated a conditional use permit is required for Mr. Schmidt to be able to serve alcoholic beverages to his Planning and Zoning Commission June 18, 2009 Page 2 restaurant patrons. This site previously had a restaurant, and Staff supports the request as presented. Chairman Howell invited questions and comments from the Commission. In response to an inquiry, Mr. Schmidt stated initially the restaurant would serve lunches and dinners seven days per week and would be open between the hours of 11 a.m. and 10 p.m. He stated he might offer breakfast in the future which would require being open as early as 5:30 a.m. Responding to further inquiry, Mr. Schmidt stated the remodel of the building is fairly complete. He should be ready to open upon receipt of a Certificate of Occupancy following final inspection by the building department, and granting of the liquor license by the City Council. Question was raised as to possible carry-out of alcoholic beverages, particularly as the restaurant is in close proximity to Veterans Park and Fiesta Days events. Mr. Schmidt responded there would be no sale of packaged liquor and alcoholic beverages would not be sold to be carried out of the restaurant. He noted he might eventually provide carry-out food orders, however. It was pointed out that Mr. Schmidt does not live in the City, and inquiry was made as to his ability to hold a liquor license as a non-resident. Deputy City Administrator Martin responded the restaurant manager would have to be a McHenry resident as required by the liquor ordinance. In response to Chairman Howell’s inquiry, there were no comments or questions regarding this matter from the audience. Motion by Nadeau, seconded by Ekstrom, to recommend to the McHenry City Council, that with regard to File No. Z-745, a request from George Schmidt for a conditional use permit to allow the service of alcoholic beverages in conjunction with his restaurant located at 3425 Pearl 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, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the public hearing at 7:41 p.m. Public Hearing: Clark and John Benkendorf File No. Z-744 3966 Dayton Street Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:42 p.m. regarding File No. Z-744, an application for conditional use permit to allow outside storage in conjunction with a landscape Planning and Zoning Commission June 18, 2009 Page 3 business as requested by Clark and John Benkendorf for the property located at 3425 Pearl Street. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 2, 2009. 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. In attendance were applicants Clark and John Benkendorf, who were sworn in by Chairman Howell. Mr. Clark Benkendorf stated he and his brother operate a landscape maintenance business and have leased with an option to purchase the property located at 3966 Dayton Street in Tonyan Industrial Park. They intend to purchase the property once the conditional use permit for outside storage of landscape vehicles, equipment and materials has been granted. Mr. Benkendorf stated the property is comprised of 1.46 acres. They intend to pave approximately 19,000 square feet to provide additional parking area for landscape vehicles, trailers and equipment, as well as storage area for related landscape materials. The materials would be stored in pour-in-place cement bins. The outside storage area would be fenced. Additionally, employee parking would be provided. Deputy City Administrator Martin provided the Commission with a staff report regarding this matter. He noted the subject property is located within Tonyan Industrial Park adjacent to Cypress Medical Products. Because of the site location, Staff believes the requested conditional use permit for outside storage is appropriate and recommends approval subject to the following conditions: 1. The property shall be cleared of all debris and inoperable vehicles and/or equipment; 2. There shall be no storage of anything other than vehicles, trailers, equipment, and landscape materials which are directly related to the business on the property; 3. The outdoor storage area shall be on an approved paved surface, fenced, and kept in an orderly fashion; 4. The aggregate section located immediately south of the landscape storage area shall be paved with an approved surface. Chairman Howell invited questions and/or comments from members of the Commission. Inquiry was made as to whether the applicants into to refuel their landscape vehicles and equipment on the premises. Mr. Clark Benkendorf responded in the affirmative, noting he has been in contact with Palatine Oil, who will secure the appropriate permits, and provide information regarding storage tanks, double containment, spillage, etc. Responding to a question, Mr. Benkendorf noted at their current site, they have a 2,500 gallon gasoline fuel tank and a 1,000 gallon diesel fuel tank. He anticipates they would have similar facilities at their new location. In response to a question, Mr. Clark Benkendorf stated his firm’s name is Lawn Master. Deputy City Administrator Martin responded to a question seeking the authority for fuel storage tanks in the City, noting the tanks are under the purview of the State Fire Marshall’s jurisdiction. Planning and Zoning Commission June 18, 2009 Page 4 He noted there are strict guidelines and regulations which must be followed, particularly if there is a spill. Mr. Clark Benkendorf noted employees would perform only general light maintenance on business vehicles and/or equipment. There are approximately 24 seasonal employees and four permanent fulltime employees of the firm. Mr. Benkendorf stated during the winter months, employees plow snow. Question was raised as to when the chain link fence surrounding the outside storage area would be erected. Mr. Clark Benkendorf responded building permit application would be made following Council approval of the conditional use permit. Brief discussion followed regarding an area of standing water along the east property line. Deputy City Administrator Martin noted Staff will investigate the matter. Commissioners inquired if the applicant would be storing paver bricks or sod on the premises. Mr. John Benkendorf responded, although they do this type of work, those types of materials would be delivered directly to the jobsite. Responding to a question regarding security lighting, Mr. Clark Benkendorf responded they would likely install security lighting on the premises. Chairman Howell noted there was no one in the audience wishing to comment or raise questions regarding the application. Motion by Nadeau, seconded by Buhrman, to recommend to the McHenry City Council, that with regard to File No. Z-744, a request from Clark and John Benkendorf for a conditional use permit to allow the outside storage of vehicles, trailers, equipment and materials associated with their Lawn Master landscape business located at 3966 Dayton Street in Tonyan Industrial Park, be granted, subject to the following conditions: 1. The property shall be cleared of all debris and inoperable vehicles and/or equipment; 2. There shall be no storage of anything other than vehicles, trailers, equipment, and landscape materials which are directly related to the business on the property; 3. The outdoor storage area shall be on an approved paved surface, fenced, and kept in an orderly fashion; 4. The aggregate section located immediately south of the landscape storage area shall be paved with an approved surface. 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, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Planning and Zoning Commission June 18, 2009 Page 5 Motion carried 7-0. Chairman Howell closed the public hearing at 7:57 p.m. Mr. John Benkendorf inquired if they would be required to comply with condition #4 if they chose to seed/sod the aggregate section instead of paving it. Deputy City Administrator Martin replied the applicants could choose to seed the aggregate area rather than pave it. Other Business Brief discussion occurred regarding the status of vacant storefronts in town. Adjournment Motion by Ekstrom, seconded by Thacker, to adjourn the meeting at 8:00 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:00 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry