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HomeMy WebLinkAboutMinutes - 07/05/2007 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting July 5, 2007 Chairman Howell called the July 5, 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 (arrived at 7:34 p.m.), Cadotte (arrived at 7:34 p.m.), Ekstrom, Howell, Nadeau, Thacker. Absent: Schepler. Also in attendance were: Attorney Jennifer Gibson, Planner Jurs, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Thacker, to approve the minutes of the Planning and Zoning Commission regularly scheduled meeting of June 21, 2007 as presented. Voting Aye: Ekstrom, Howell, Nadeau, Thacker. Voting Aye: None. Not Voting: None. Abstained: None. Absent: Buhrman, Cadotte, Schepler Motion carried 4-0. Public Hearing: Café AEON File No. Z-709 3918 West Main Street Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-709, an application for conditional use permit to allow the service of alcoholic beverages in conjunction with a restaurant, as submitted by Nathan and Cheryl Ryan, owners of Café AEON, located at 3918 West Main Street. In attendance were applicants Nathan and Cheryl Ryan and their landlord David Gelwicks who were sworn in by Chairman Howell. Commissioners Buhrman and Cadotte arrived at 7:34 p.m. Notice of the Public Hearing was published in the Northwest Herald on June 16, 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. Planner Jurs provided the commissioners with the Staff Report regarding this matter. She noted the applicants are seeking a conditional use permit to allow the service of alcoholic beverages in conjunction with their restaurant. Staff has no concerns and supports the request. Mr. Gelwicks, who resides at 3817 West Waukegan Road in McHenry, spoke on behalf of his tenants. He noted they are very hard workers in their family-oriented business. The reside on the second floor of the building which houses their restaurant. He noted basically all of the employees are family members. Mr. Gelwicks also noted the applicants pay their rent in a timely manner and are very diligent business owners. He stated patrons who frequent the café enjoy the Planning and Zoning Commission July 5, 2007 Page 2 ambiance of the restaurant. From time to time they have concerts, poetry readings, and other similar entertainment at their facility. He strongly urged the commission recommend approval of the request. Mr. Ryan stated they would like to broaden their clientele which currently is the twenty- something age group. Requests have been made by patrons to eliminate smoking on the premises and to add specialty drinks and dessert beverages which contain alcoholic liqueurs. Mr. Ryan suggested that by increasing the menu offerings to include such beverages, he hoped to expand the clientele so that thirty-something to fifty-something people would enjoy the café as well. In response to Commission inquiry, Mr. Ryan stated the current hours of operation of Café AEON are: Monday through Thursday 10 a.m. until 1 a.m. Friday 10 a.m. until 3 a.m. Saturday noon until 3 a.m. Sunday 3 p.m. until 1 a.m. Brief discussion occurred regarding the types of entertainment typical to the café. Mr. Ryan noted poetry readings and musicians (typically acoustic) performing are the norm. Parking has never been an issue as the patrons frequent his establishment later in the evening when other establishments along Main Street are already closed. Mr. Ryan noted although the restaurant mostly serves lunch, the kitchen is open during all business hours, and patrons can order food at any time. In response to Chairman Howell’s inquiry, there were no questions or comments from the audience. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-709, a request for conditional use permit to allow the service of alcoholic beverages in conjunction with a restaurant be granted subject to the following condition: That the conditional use permit shall expire and become null and void if the restaurant (Café AEON) closes (defined as being non-operational, i.e. no longer serving customers) for a period of six continuous months; 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, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Schepler. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:45 p.m. Public Hearing: Nana’s Kitchen File No Z-710 4113 West Shamrock Lane Conditional Use Permit Planning and Zoning Commission July 5, 2007 Page 3 Chairman Howell at 7:46 p.m. opened the Public Hearing regarding File No. Z-710, a request for conditional use permit to allow the service of alcoholic beverages in conjunction with a restaurant as filed by Cheryle Walls for her restaurant, Nana’s Kitchen, located at 4113 West Shamrock Lane. In attendance was applicant Cheryle Walls and her attorney, Neil Anderson. Ms. Walls was sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on June 17, 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. Ms. Walls stated her restaurant operates from 11 a.m. until 8 p.m. Monday through Saturday. It is closed on Sunday. Nana’s Kitchen presents home-style cooking which is being sold as carry- out only at this time. There is currently no seating for sit-down patrons. Ms. Walls intends to expand her restaurant by leasing the adjacent space in the strip center in order to allow for seating within the restaurant. She intends to offer alcoholic beverages in conjunction with sit- down dining in her restaurant. Her purpose before the commission this evening is to seek a conditional use permit which would allow the service of alcoholic beverages in conjunction with the restaurant. Ms. Walls noted she and her daughter, who both work at the restaurant, are BASSET certified as required when in the business of sales and service of alcoholic beverages. Planner Jurs provided the commissioners with the Staff Report regarding this matter. She noted the applicant is seeking a conditional use permit to allow the service of alcoholic beverages in conjunction with Nana’s Kitchen restaurant. Staff has reviewed the site and determined that parking is more than adequate for a sit-down restaurant. Staff has no concerns and supports the request. In response to an inquiry, Ms. Walls stated she is seeking a full service liquor license although she believes she will sell merely beer and wine initially. Upon approval of the request, she proposes keeping her restaurant open until 10 p.m. Responding to commissioner inquiry, Ms. Walls stated many customers enter her restaurant, observe there is no sit-down dining and leave in search of a sit-down restaurant. Patrons are enthusiastic about the menu, but are seeking a full-service dining experience. She also noted she would have no live entertainment. She is merely seeking permission to allow a full service sit- down restaurant. In response to Chairman Howell’s inquiry, there was no one in the audience wishing to express comments or questions regarding the matter. Motion by Cadotte, seconded by Buhrman, with regard to File No. Z-710, a request for a conditional use permit to allow the service of alcoholic beverages in conjunction with a restaurant be granted subject to the following condition: That the conditional use permit shall expire and become null and void if the restaurant (Nana’s Kitchen) closes (defined as being non-operational, i.e. no longer serving customers) for a period of six continuous months; Planning and Zoning Commission July 5, 2007 Page 4 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, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Schepler. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:54 p.m. Public Hearing – City of McHenry File No. Z-708 Text Amendment Chairman Howell opened the Public Hearing at 7:55 p.m. regarding a text amendment to the Subdivision Control and Development Ordinance, as submitted by the City of McHenry. Noting that this matter is being rescheduled to July 19, 2007 at 7:30 p.m., he requested a motion from the floor to recess the Public Hearing. Motion by Cadotte, seconded by Nadeau, to recess the Public Hearing regarding File No. Z-708, a request for a text amendment to the Subdivision Control and Development Ordinance as submitted by the City of McHenry, to Thursday, July 19, 2007 at 7:30 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Schepler. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:56 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 Chairman Howell at 7:57 p.m. reconvened 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; 3. Preliminary Plat approval of a two-lot subdivision. Chairman Howell stated the hearing was opened on June 21, 2007 and recessed to today’s date. In attendance representing the applicant were Rick Lewellyn of Innovate in Glen Ellyn and Attorney Cathy Hurlbut of Elgin. Both were sworn in on June 21, 2007. Planning and Zoning Commission July 5, 2007 Page 5 Also in attendance were the following Observers/Objectors: 1. Bill Nightingale, 418 Brookwood Trail, McHenry IL 60050 2. Ron and Mary Koehn, 414 S. Crystal Lake Road, McHenry IL 60050 3. James Hoary, 510 Brookwood Trail, McHenry IL 60050. 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. Attorney Hurlbut stated the applicant is seeking approval of a Preliminary Plat of Subdivision to create two lots from the vacant parcel of land located at the northwest corner of Crystal Lake Road and Bull Valley Road. Walgreen’s intends to build on one of the lots with the remainder to be developed by the applicant as a strip center. The request for variance is to allow the development of the second lot as a strip center having more than one building on a zoning lot. The conditional use permit would allow Walgreen’s to have a drive-up pharmacy. Planner Jurs provided the commissioners with a summary of the Staff Report. She noted various deficiencies in the submittals by the applicant and suggested the commissioners postpone action on the request until additional information was provided by the applicant. She cited lack of engineering, water detention, lighting plans, as well as Staff concerns regarding traffic flow and access to and from the site. In addition, several issues were raised which pertain to the Backhaus/Brackmann annexation agreement through which the subject property was annexed to the City. Mr. Lewellyn stated he would provide engineering and detention for the second lot prior to its development. He reminded the commissioners that Walgreen’s is developing their own site, including engineering and detention. Planner Jurs expressed concern that the property is being developed piecemeal without consideration being given to the overall site. Some concerns were expressed by Staff regarding the full access point onto Crystal Lake Road from Walgreen’s, particularly as it is in close proximity to the nearby side street. Staff suggested Walgreen’s full access be from the side street instead of Crystal Lake Road. Planner Jurs stated Staff would be more comfortable with the application if the variance request were deferred until a future meeting when development of the second lot would be forthcoming. She suggested the commissioners consider only the conditional use permit to allow a pharmacy with a drive-up window and preliminary plat approval this evening and defer consideration of the variance until the development moves forward. She noted the second lot is not being developed at this time. The conditional use permit and preliminary plat approval would provide what the applicant needs to assure Walgreen’s they would be able to move forward with their plans. Mr. Lewellyn concurred and agreed to remove the request for variance from consideration this evening. Chairman Howell invited questions and/or comments from the audience. The following were sworn in by Chairman Howell prior to making their statements/comments: Planning and Zoning Commission July 5, 2007 Page 6 James Hoary: Mr. Hoary expressed concern regarding the Walgreen’s and inquired if it would be open 24 hours per day. Mr. Lewellyn responded he was not certain at this time. In response to Mr. Hoary’s inquiry regarding the location of the drive-up window, Mr. Lewellyn stated it’s entrance would be off of Crystal Lake Road. Mr. Hoary also inquired as to the possible users on the second lot of this property. Mr. Lewellyn stated no decisions have been made regarding who would occupy the remainder of the site. He noted he is seeking a grocer in order to meet the needs of the area. The closest grocery is across town. Mr. Hoary concluded noting he was concerned regarding lighting overflow from the site and 24-hour store hours. Bill Nightingale: Mr. Nightingale who also spoke at the hearing on June 21, 2007, noted his concerns regarding the proximity of the commercial buildings to his residence on Brookwood Trail. He stated his lot is adjacent to the City-owned parcel and part of the reason he was drawn to his property was that it was adjacent to vacant farm land. He hoped it would remain that way. Planner Jurs stated she has prepared a submittal list for the Preliminary Plat being presented for review this evening. There are several outstanding issues which need to be addressed. The commissioners could support the approval of the plat subject to complying with the plat submittal list prior to presentation for Council for final approval. Attorney Gibson noted the commissioners should consider the request in two separate motions. The first would be the approval of the Preliminary Plat of Subdivision. The second would be the conditional use permit approval. Motion by Nadeau, seconded by Cadotte, to recommend approval of the Preliminary Plat of Grand Development subject to the satisfactory completion of the Preliminary Plat Submittal Checklist prior to presentation to City Council for final approval, including the following: 1. Preparation date, include succeeding revision dates; 2. Name and address of the owner, sub-divider or developer, and the engineer or surveyor who prepared the plat; 3. A small scale drawing of the section(s) in which the subdivision lies, oriented in the same manner as the plat, and showing the location of the subdivision, major roads, impacted schools, existing or proposed parks, and the nearest bodies of water; 4. Location and names of all adjacent subdivisions; 5. Existing and proposed zoning of the subdivision and the existing zoning, name and address of all owners of adjacent property; 6. Location, widths and names of all existing and platted streets, alleys, or other public ways and easements, railroad and utility rights-of-way, parks, cemeteries, water courses, drainage ditches, permanent buildings, bridges and other pertinent date as determine by the City, within 300 feet.; 7. Direction and distance to nearest water and sewer mains, and the size and capacity of those mains. 8. Dimensions and areas of lots; 9. Building setback lines with the lot widths; 10. Existing topography of the property and within 25 feet of the property, with contour intervals shown for every two feet, with reference to USGS datum, or at more frequent intervals for land of unusual topography; 11. A table with the following information: Total acreage of subdivision; total number of lots; acreage of public lands to be dedicated other than streets; and the buildable area of each lot; Planning and Zoning Commission July 5, 2007 Page 7 12. Indication of proposed phases within the subdivision and the order of site development; 13. Certificates of Mayor and City Clerk; Surface Water Drainage; Roadway Access, State and/or County, if necessary; McHenry County Health Department, if necessary; 14. 17 copies of preliminary engineering plans and related studies or reports; 15. 17 copies of the soils map and analysis report prepared by the McHenry County Soil and Water Conservation District; Include soil borings; 16. 17 copies of tree survey indicating the location, size and species of all trees having a diameter of 10” or greater (DBH); all trees to be removed shall be indicated; 17. 17 copies of the landscape plan showing the location, size and species of all proposed landscaping; 18. 17 copies of all other applications or correspondence to other agencies having jurisdiction over the subdivision, including: IHPA; US Army Corp of Engineering; McHenry County Stormwater Development Permit; City of McHenry Stormwater Development Permit; MCDOT; 19. documentation providing evidence that the property to be subdivided has been inspected by a qualified professional to determine whether or not a wetland or special flood hazard area is present; 20. Draft of protective covenants; 21. An original application (Form F) Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Schepler. Motion carried 6-0. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File No. Z-705, a request for a conditional use permit to allow a pharmacy with a drive-up window at the Walgreen’s site located at the northwest corner of the intersection of Bull Valley Road and Crystal Lake Road, subject to the following conditions/concerns being addressed: 1. concerns regarding stacking at main site access at Crystal Lake Road; 2. provide adequate buffers between the development and the adjacent residential areas; 3. provide landscaping plans for the overall site and for individual building sites, including necessary screening; 4. provide parking lot layout showing adequate number and size of parking spaces and aisles, sufficient radii for turning, etc. 5. provide building elevations for all proposed buildings; 6. adhere to limit of allowable uses for the commercial property according to the terms of the Backhaus/Brackmann Annexation Agreement 7. applicant must provide architectural and landscape plans for the development prior to approval of the final plat for the commercial property (per terms of Annexation Agreement); 8. commercial or office buildings shall have a single-family residential appearance (per terms of Annexation Agreement); 9. no flat roofs shall be permitted (per terms of Annexation Agreement); And that Table 31, the Approval Criteria for Conditional Use Permits, pages 457-458 of the Zoning Ordinance, has been met. Planning and Zoning Commission July 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. The Public Hearing was recessed at 8:19 p.m. Other Business There was no Other Business before the Commission. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 8:21 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 8:21 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry