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HomeMy WebLinkAboutMinutes - 08/16/2007 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting August 16, 2007 Chairman Howell called the August 17, 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, Ekstrom, Howell, Nadeau, Thacker. Absent: Cadotte, Schepler. Also in attendance were: Attorney Cahill, Planner Jurs, Deputy Clerk Kunzer. Approval of Minutes Motion by Buhrman, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission Meeting as follows: July 5, 2007 regularly scheduled meeting; July 19, 2007 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau. Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Schepler. Motion carried. Public Hearing: Jason and Kari Vanick File No. Z-711 Camp Bow Wow – 3107 West Route 120 Conditional Use Permit Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-711, an application for conditional use permit to allow outdoor storage in connection with a private pet kennel at 3107 West Route 120 as submitted by Jason and Kari Vanick. In attendance were applicants Jason and Kari Vanick, Attorney Joseph Gottemoller, and Architect Nevin Hedlund, who were all sworn in by Chairman Howell. Also in attendance were the following observers: 1. Maria Szamlewski, 1106 N River Road, McHenry IL 60051 2. Robert Gluth, 1112 N River Road, McHenry IL 60051 3. Jeffrey Kleinhans, 1107-1109 N River Road, McHenry IL 60051 4. Steve and Julie Battisti, 3506 Forest Road, McHenry IL 60051 5. Tony Battisti, 3506 Forest Road, McHenry IL 60051 6. Heidi Amato, 34 Stonegate Court, Algonquin, IL 60102. Notice of the Public Hearing was published in the Northwest Herald on July 28, 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 Gottemoller informed the Commission the applicants are proposing to have a dog kennel and daycare at the property located 3107 West Route 120, which is zoned C5 Highway Commercial. The commercial zoning permits a kennel at this location. The applicants are Planning and Zoning Commission August 16, 2007 Page 2 seeking a conditional use permit to allow outdoor storage, an outside doggie play area, associated with the kennel. Attorney Gottemoller noted the applicants intend to create the outside play area on the east side of the building which is currently concrete-surfaced. It would be covered with pea gravel. Access to the area would be provided via the existing overhead garage doors. The outside play area would be enclosed with fencing. Jason Vanick addressed the Commission noting he intends to have an upscale doggie daycare on the subject property. Daytime hours at which time outside play could take place would be from 7 a.m. until 7 p.m. Certified camp counselors would be present during daytime hours. The counselors would be certified in dog behavior and first aid. Dogs must go through an interview process to ensure they would be compatible with the daycare environment. A mandatory ½ day tryout is prescribed, at no cost to the customer. Mr. Vanick noted the outside play area would be divided into three areas, so that the dogs could be separated according to size and temperament. Mr. Vanick stated the premises would have a 24-hour web cam installed. Pet owners and City officials would be able to view the premises anytime. Mr. Vanick informed the Commission that dogs of the same family would be able to stay in the same cabin. The facility must be spotless and smell fresh at all times. Enzyme-based cleaning agents are utilized. Any waste deposited by the dogs is cleaned up immediately. The facility is closely monitored at all times. Mr. Vanick stated if a dog barks when in the outside play area, it will be brought inside immediately and given a time out in its cabin. It is the applicants’ intention to be a good neighbor. He noted typically when a dog barks, it is looking for attention from other dogs or people. Because the dogs are continually with other dogs the need for attention is minimized and the chances of dogs barking are reduced. Mr. Vanick pointed out the outside play area would be enclosed with an 8’-high solid fence which would prevent the dogs from seeing outside of the play area, minimize sound generated in the area, and keep the dogs confined within the play area. Mr. Vanick provided the commissioners with photos of an existing Camp Bow Wow facility. It was noted Camp Bow Wow is a franchise with approximately 41 locations throughout the country. Planner Jurs provided the commissioners with the Staff Report regarding this matter. She noted Staff initially had concerns regarding environmental issues particularly regarding noise and waste control. Staff recommended the parking lot be restriped to clarify the parking spaces for customers. Planner Jurs reiterated a kennel is a permitted use in the C5 zoning district. The requested conditional use permit would simply allow the outdoor play area on the site. Staff supports the request. Chairman Howell opened the floor for questions and comments from the commissioners. Responding to a commissioner inquiry, Mr. Vanick stated the outside play area would be located on the east side of the building immediately adjacent to the existing overhead garage doors. The outside play areas would mirror the inside play area which would also be separated into three distinct areas relating to dog size and temperament, as previously stated. Questions were raised regarding buffering noise from surrounding residents. The applicant stated the fence will assist in shielding the noise from the residents. If necessary, additional insulation would be utilized to prevent noise from seeping from within the building to adjacent properties. Planning and Zoning Commission August 16, 2007 Page 3 If necessary a sound study would be done to ensure the neighbors’ comfort. Mr. Vanick stated the Camp Bow Wow motto is “Play all day – snooze the night away”. The premise is because the dogs are so active throughout the day, they sleep better at night. In response to an inquiry, Mr. Vanick stated the Camp required all dogs to be current on vaccinations and inoculations, as well as be flea-free upon being admitted to the facility. In addition, all dogs must be spayed or neutered. Responding to further inquiry, Mr. Vanick stated the Camp would have 59 overnight cabins. Daily occupancy would typically be twice the number of nighttime cabins, or 118, in this instance. Air conditioning would be installed as the Camp requires a temperature-controlled environment. Mr. Vanick stated Staff is on hand during daytime Camp hours only. No Staff are present after business hours (7 a.m. until 7 p.m.) Approximately one Staff member per 15 dogs during daytime hours is present. When dogs are outside, a Staff member is always present with them. Corporate headquarters for the franchise are located in Boulder, Colorado. Corporate officials visit the site annually for training updates. Chairman Howell invited questions or comments from the audience. The following were sworn in prior to making their comments to the Commission: Jeffrey Kleinhans: Mr. Kleinhans stated his main concern is noise. He noted barking of dogs could cause his home to be inhabitable. His home is located at 1109 North River Road, across River Road immediately southwest of the site. He stated his dog’s barking could incite the Camp dogs to bark or vice versa. He questioned what recourse the neighbors would have if that is the case. Attorney Cahill responded the Camp would then be in violation of the City’s nuisance ordinance and tickets and fines could be issued. Mr. Kleinhans stated having the Camp situated at this site is worse than having a bar next door. He suggested the City should reject the request as there are homes located less than 100’ from the site. He opined he might find he is unable to reside at his home due to the unpleasantness of the dogs barking. He feared the City would not enforce the nuisance ordinance if the conditional use is granted. He worried the conditional use permit would negate any nuisance complaints which may be filed. In closing, he requested the Commission provide the neighboring residents the same consideration they would desire if this were proposed adjacent to their homes. Julie Battisti: Ms. Battisti noted it sounds like the applicant will insulate the building and provide buffers to reduce the possibility of nuisance barking annoying neighboring residents. She noted the dogs will be inside after 7 p.m. The applicant intends to soundproof the building. She stated she is in favor of the proposal as there are so many pet owners in the City who could utilize the daycare as well as the overnight services. She opined it is her experience that McHenry Police Officers respond quickly to noise complaints. If noise violations occur, the applicant would have to comply with City codes. She stated her support of the project, noting it will provide a great service for the community. Robert Gluth: Mr. Gluth stated he has lived in the area for twenty years and would prefer the applicant improve the outside of the premises. Planning and Zoning Commission August 16, 2007 Page 4 Mia Szamlewski: Ms. Szamlewski reported she lives adjacent to the site and indicated the property has an existing 6’ fence on a portion of the property line which abuts her property. She suggested more fencing could be installed to prevent cut-thru pedestrian traffic on the site from River Road to Route 120. Ms. Szamlewski inquired if the applicant would maintain existing lighting on the premises. She noted her property is already the subject of lighting overflow from Route 120 businesses. Mr. Vanick replied no additional lighting is planned. Responding to inquiry regarding landscaping and site grading, Mr. Vanick stated no site grading is planned. If the City requires landscaping, he would comply. Heidi Amato: Ms. Amato stated she is a neighboring franchisee who supports the Vanicks’ request for conditional use permit. She suggested other Camps minimize outside barking through the use of opera or classical music which has a soothing affect on the dogs. Ms. Amato also noted franchise operators have been known to record sound on adjacent properties in an effort to determine if noise pollution exists. She acknowledged that dogs exhibiting aggressive behavior are not allowed at the Camp. Chairman Howell closed the Public Comment portion of the hearing at 8:27 p.m. Attorney Gottemoller responded to audience comment noting the kennel use is allowed in the C5 zoning district. It is only the applicants’ request for an outside dog run which requires the conditional use permit. The subject property is located in McHenry’s business district. If the Commission would like to place conditions on the granting of the request, the applicants would accede to the City’s stipulations. The proposed use is allowable by ordinance. If needed, the City’s nuisance ordinance could be enforced. Architect Hedlund expressed his confidence the building’s wall construction will maintain an acoustic envelop which would prohibit noise nuisance to adjacent property owners. He suggested the only issue might be the garage doors as they are likely not as well insulated as the structure’s walls. If that is the case, an insulating material might have to be affixed to the doors to protect the acoustic envelop. Responding to a commissioner’s inquiry regarding the possibility of relocating the outside play area further to the north, Mr. Hedlund stated the existing layout of the building and grounds is extremely suitable for the proposed use. It would not be practical to move the outside play area. The existing site circulation is a good fit for this business. In response to a question, Mr. Vanick stated he has signed a five-year lease for the site, with an opportunity to renew, as well as an option to buy. Some discussion followed regarding the possibility of providing a solid landscape barrier to assist with noise pollution. Mr. Hedlund stated it has been his experience with previous Camps such measures are unnecessary. He suggested this be a remedy which could be implemented in the future if needed. In response to Chairman Howell’s inquiry there was no further testimony, question or comment regarding this matter. Motion by Nadeau, seconded by Buhrman, to recommend to City Council with regard to File No. Z-711, a request for a conditional use permit to allow the operation of an outside doggie play Planning and Zoning Commission August 16, 2007 Page 5 area on the premises located at 3107 West Route 120, be granted, subject to the following conditions: 1. Solid vinyl fence be used to enclose play area; 2. All noise control efforts be made in accordance with the applicants’ narrative submitted with their application; 3. Waste and odor be controlled by routine maintenance in accordance with the applicants’ narrative; 4. Parking lot shall be restriped; 5. If it is determined noise nuisance occurs, applicants shall be required to install solid landscape barrier to shield sound from adjacent residents; 6. Granting of the request shall be subject to Staff assessment and review 90 days following the beginning of the Camp’s operation; 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, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Schepler. Motion carried 5-0. Comments by Commissioners: Chairman Howell: Noted the applicant has stated the dogs would not be outside after 7 p.m. which is a reasonable hour. The kennel is a permitted use. The inside barking of the dogs is not an issue as a conditional use would not be required if an outside play area was not being requested. It is therefore necessary for the City to support the application. Chairman Howell closed the Public Hearing at 8:40 p.m. Public Hearing: Curtis Commercial File No Z-703 Zoning Map Amendment and Conditional Use Permit 1110 North Green Street Chairman Howell at 8:41 p.m. convened the Public Hearing regarding File No. Z-703, a request for zoning map amendment fromO-1 Local Office 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 for their property located at 1110 North Green Street. In attendance was observer Ned Neumann who owns the property located at 1111 North Green Street, McHenry, IL. Notice of the Public Hearing was published in the Northwest Herald on August 1, 2007. The Certificate of Publication is on file in the City Clerk’s Office. 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. Planning and Zoning Commission August 16, 2007 Page 6 Planner Jurs stated this application was presented before the Planning and Zoning Commission at its April 5, 2007 regularly scheduled meeting and presented to City Council for consideration and action on April 23, 2007. Subsequent to the Council’s adoption of an ordinance providing for the zoning map amendment and conditional use permit being granted, Staff discovered public notification requirements had not been met prior to testimony being taken at the Public Hearing. Consequently, the applicant has published, notified all abutting property owners and otherwise complied with all notification requirements prior to tonight’s Public Hearing. Staff has provided all previously distributed information regarding the applicant’s request as well as the minutes of the April 5, 2007 Commission meeting. It is Staff’s recommendation that the Commission reaffirm the action taken on April 5, 2007. In response to Chairman Howell’s inquiry, there was no public comment or question regarding this matter. There were no questions of the commissioners regarding this file. Motion by Nadeau, seconded by Buhrman, to accept Staff’s recommendation to reaffirm the action taken at the April 5, 2007 regularly scheduled Planning and Zoning Commission Meeting regarding this matter: A. 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. B. 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. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Schepler. Motion carried 5-0. Chairman Howell closed the Public Hearing at 8:47 p.m. Other Business Suggestion was made that Staff investigate compliance with the lighting ordinance which was adopted, especially in light of comments made during this evening’s testimony regarding light spillage onto adjacent properties along Route 120. Planning and Zoning Commission August 16, 2007 Page 7 Planner Jurs announced an application was recently submitted for a drive-up coffee kiosk in Sullivan Foods parking lot. This matter will come before the commissioners in September. Commissioners suggested Staff provide a synopsis of traffic accidents in the vicinity of Third Street and Elm Street (adjacent to Sullivan Foods) in the Staff Report regarding this request. In response to Commission inquiry, Mr. Ned Neumann provided a brief report of development status of his property located at 1111 North Green Street as well as the redevelopment of the Borden Manufacturing Plant also in his possession. He reported the former City Hall property redevelopment agreement will be presented to Council on September 12th for consideration. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn at 9:03 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Schepler. Motion carried 5-0. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry