HomeMy WebLinkAboutMinutes - 06/21/2007 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Meeting
June 21, 2007
Vice Chairman Buhrman called the June 21, 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, Nadeau, Schepler, Thacker. Absent: Ekstrom, Howell. Also in
attendance were: Attorney Cahill, Director of Community Development Napolitano, Planner
Jurs, Deputy Clerk Kunzer.
Approval of Minutes
Nadeau noted a typographical error on page 3 of the June 7, 2007 minutes of the Planning and
Zoning Commission and requested “fight” be changed to “right” in the first sentence.
Motion by Cadotte, seconded by Nadeau, to approve the minutes of the Planning and
Zoning Commission regularly scheduled meeting of June 7, 2007 as amended.
Voting Aye: Buhrman, Cadotte, Nadeau, Schepler, Thacker.
Voting Aye: None.
Not Voting: None.
Abstained: None.
Absent: Ekstrom, Howell.
Motion carried 5-0.
Public Hearing: MEI Properties
File No. Z-707
364-382 Bank Drive
Variance
Vice Chairman Buhrman called the Public Hearing to order at 7:32 p.m. regarding the
application for parking variance submitted by MEI Properties for their strip center located at
364-382 Bank Drive.
In attendance representing the applicant were Mark Ignas and Chris Ignas of MEI Properties who
were sworn in by Vice Chairman Buhrman.
Notice of the Public Hearing was published in the Northwest Herald on June 5, 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.
Mark Ignas stated the applicant is seeking a parking variance to reduce the required number of
parking spaces from 70 to 65 for their shopping center. The variance would permit the inclusion
of an additional restaurant at the center. The restaurant would have carry-out or delivery service
only. There would be no on-site seating.
Planning and Zoning Commission
June 21, 2007
Page 2
Planner Jurs provided the commissioners with the Staff Report regarding this matter. She noted
Staff has reviewed the site and the request for parking reduction. As the restaurant is for carry-
out and delivery only, parking should be adequate. Staff has no concerns and supports the
request for variance.
Inquiry was made by the commissioners as to Staff’s knowledge that restaurants might
eventually locate on the premises. Director Napolitano noted the strip center is a multi-tenant
building which presents a problem when attempting to determine the parking needs. Staff relies
on the developer for information as to the type of tenants being sought to lease the spaces in the
center. Director Napolitano noted in this instance the parking supplied was more than adequate
until the developer suggested bringing in another restaurant. The second restaurant would cause a
parking shortage according to the parking requirements in the ordinance. As the shortage would
be minimal, Staff supports the request.
It was suggested in the future Staff should require more parking for strip centers in order to
provide for the lease to restaurants and avoid the need for parking variances. Director Napolitano
responded noting retail spaces require a parking ratio of 4 spaces/1,000 square feet of floor area,
while sit-down restaurants require 25 spaces/1,000 square feet of floor area. Due to the large
range difference, it would be difficult to force developers to plan and prepare for sit-down
restaurant parking when tenants are completely unknown.
Brief discussion followed regarding the future access from Municipal Drive to Bull Valley Road
along the west property line of the Justen Property. Director Napolitano noted it would be right-
in right-out onto Bull Valley Road. Director Napolitano also noted the entrance to McDonalds
would also be impacted when the Route 31/Bull Valley Road intersection is improved by the
County. Ultimately Bull Valley Road would have four lanes: two through lanes and two turn
lanes.
In response to Vice Chairman Buhrman’s inquiry, there were no questions or comments from the
audience.
Attorney Cahill suggested the commissioners include the findings of fact as specified by Staff in
the Staff Report in the motion regarding the variance.
Motion by Cadotte, seconded by Nadeau, to recommend to Council with regard to File No. Z-
707, a request for parking variance to reduce the number of available parking spaces at 364-382
Bank Drive from 70 to 65 be granted as the following findings of fact as delineated in Table 32
of the Zoning Ordinance, the Approval Criteria for Variances on pages 377-378, were discovered
and proved:
1. Special Circumstances Not found Elsewhere: The site has a multi-tenant retail building and
the various uses have differing parking demands and peak times. There will not be seating
provided in the restaurant for people to eat on-site.
Planning and Zoning Commission
June 21, 2007
Page 3
2. Circumstances Relate to Property Only: construction on this site was completed before all of
the units were leased. The developer did not know what type of business would move in and
installed the number of parking stalls required to meet the expected demands of the site.
3. Not Resulting from Applicant Action: The existing site conditions are not a result of this
applicant’s actions.
4. Unnecessary Hardship: it would be considered an unnecessary hardship if the applicant were
required to only allow tenants that required the total number of parking stalls already in place.
5. Preserves Rights Conferred by District: Approval of the parking variance will preserve the
rights conferred by the District.
6. Necessary for Use of Property: The parking variance will allow the applicant to lease out
another tenant space, which will benefit the site.
7. Not Alter Local Character: The granting of the variance will not alter the local character nor
substantially impair environmental quality, property values, or public safety or welfare in the
vicinity.
8. Consistent with Ordinance and Plan: The granting of a variance will be in harmony with the
general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City,
as viewed in light of any changed conditions since their adoption.
9. Minimum Variance Recommended: The variance requested is the minimum required to
provide the applicant with reasonable use and enjoyment of his property.
Voting Aye: Buhrman, Cadotte, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Ekstrom, Howell.
Motion carried 5-0.
Vice Chairman Buhrman closed the Public Hearing at 7:43 p.m.
Public Hearing: Rick Lewellyn
File No. Z-705
Northwest corner of Bull Valley Road and Crystal Lake Road
Variance and Conditional Use Permit
Vice Chairman Buhrman at 7:44 p.m. opened the Public Hearing regarding File No. Z-705
submitted by Rick Lewellyn for the following for the property located at the northwest corner of
Bull Valley Road and Crystal Lake Road:
1. Variance to allow multiple buildings on a zoning lot;
2. Conditional Use Permit to allow a drive-up pharmacy on the subject property.
Planning and Zoning Commission
June 21, 2007
Page 4
In attendance representing the applicant were Rick Lewellyn of Innovate in Glen Ellyn and
Attorney Cathy Hurlbut of Elgin, who were sworn in by Vice Chairman Buhrman.
Also in attendance was Observer Bill Nightingale of 418 Brookwood Trail.
Notice of the Public Hearing was published in the Northwest Herald on June 6, 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.
Director Napolitano stated application packets for this hearing were not provided to the
Commission prior to this evening’s meeting as Staff had some concerns which were not yet
addressed and packets were not prepared. Subsequent to commissioners mailing for tonight’s
meeting, however, the applicant provided Staff with additional information. It is Staff’s
suggestion that the applicant be allowed to make a brief presentation this evening, but that this
Public Hearing be recessed for further discussion and consideration at the Commission’s July 5,
2007 regularly scheduled meeting. The commissioners will be provided with complete packets
containing all information relative to the application prior to the July 5th meeting.
Mr. Lewellyn stated both Walgreen’s and CVS have expressed interest in locating on the subject
property. Walgreen’s is ready to move forward; however, they will not proceed until a
preliminary plat has been prepared and accepted providing them with an independent lot so that
they can be in control of their own storm management on the site.
Attorney Hurlbut noted the property is a part of the Backhaus/Brackmann Annexation and
portions of it are zoned O-2 and the remainder is zoned C-3 Commercial. In order for the desired
development of the property and latitude in planning its development, the applicant is seeking a
variance to allow multiple buildings on a zoning lot (parcel 2). A request for a conditional use
permit is also being sought to allow a drive-up pharmacy (parcel 1). It was noted parcel 1 is
comprised of 1.75 acres. Parcel 2 is comprised of approximately 12.5 acres as the acreage of the
total property is approximately 14.2.
Mr. Lewellyn noted Walgreen’s requires its own lot with its own access points. There would be
cross-access agreements between parcels 1 and 2. In order for Walgreen’s to move forward a Plat
of Subdivision must be approved guaranteeing them their own lot.
Brief discussion followed regarding the proposed re-design of the intersection of Crystal Lake
Road and Bull Valley Road. It was noted the design would follow the recommendation s of the
City Engineer.
In response to an inquiry, Mr. Lewellyn stated the anchor for the center would most likely be a
grocery store, although none has been secured at this time. Mr. Lewellyn encouraged
commissioners to let him know what shops/stores they would like to see at this location.
Planning and Zoning Commission
June 21, 2007
Page 5
Mr. Lewellyn noted the road within the subdivision would be private and maintained by the
shopping center. Vice Chairman Buhrman expressed his displeasure with private roads, citing the
problems the City has had with Blake Boulevard in the Meijer/Home Depot Subdivision.
Concerns were also expressed regarding the close proximity of the shopping center to adjacent
residences. Mr. Lewellyn stated berms, trees and additional landscaping would be utilized to
screen the shopping center from adjacent residences. He noted the shopping center would bring
good amenities to the residents on the south side of town. The shopping center should be well-
received by the residents.
Director Napolitano noted a Staff Report regarding this project would be provided in advance of
the July 5th meeting.
Vice Chairman Buhrman invited questions and/or comments from the audience.
Mr. Bill Nightingale was sworn in prior to speaking to the commissioners.
Mr. Nightingale expressed concern regarding the elevation difference between his property and
the shopping center, which lies much higher than adjacent residences. He stated his upper level
would look out on the shopping center. He also expressed concern regarding possible light
pollution and blowing debris from the shopping center.
Mr. Nightingale stated when he purchased his property he thought the property to the east would
remain vacant fields. Now his bedroom windows would look out on the shopping center.
There being no further inquiries or comments at this time, Vice Chairman Burhman requested a
motion from the floor to recess the Public Hearing until July 5, 2007 at 7:30 p.m.
Motion by Cadotte, seconded by Nadeau, to recess the Public Hearing regarding File No. Z-705
a request for variance to allow multiple buildings on a zoning lot and a conditional use permit to
allow a drive-up pharmacy on the property located at the northwest corner of the intersection of
Bull Valley Road and Crystal Lake Road as submitted by Rick Lewellyn, until Thursday, July 5,
2007 at 7:30 p.m.
Voting Aye: Buhrman, Cadotte, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Ekstrom, Howell.
Motion carried 5-0.
The Public Hearing was recessed at 8:06 p.m.
Other Business
Cadotte requested the City cite the property owner of the vacant land across from Church of
Holy Apostles, who has been displaying a truck and trailer for sale on his property. Director
Planning and Zoning Commission
June 21, 2007
Page 6
Napolitano explained the property is not within the corporate boundaries and would have to be
addressed by McHenry County.
Director Napolitano announced the agenda items for July 5th would include in addition to File No
Z-705, a text amendment to modify the Subdivision Control and Development Ordinance, a
request for a conditional use permit to allow the service of alcoholic beverages at the Café Aon,
and a conditional use permit to allow the service of alcoholic beverages at Nana’s Kitchen.
In response to an inquiry, Director Napolitano stated there has been no further word regarding
the status of the Fuhler Property located at the northwest corner of the intersection of Ringwood
Road and Elm Street.
Adjournment
Motion by Cadotte, seconded by Nadeau, to adjourn at 8:10 p.m.
Voting Aye: Buhrman, Cadotte, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Ekstrom, Howell.
Motion carried 5-0.
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
_______________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry