HomeMy WebLinkAboutMinutes - 09/03/2009 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Meeting
September 3, 2009
Chairman Howell called the September 3, 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 Jennifer Gibson, Deputy City Administrator Martin, Deputy Clerk
Kunzer.
Approval of Minutes
Deputy Clerk Kunzer noted a correction to the August 20, 2009 minutes on page 3 revising Vice
Chairman Howell to Vice Chairman Buhrman.
Motion by Schepler, seconded by Ekstrom, to approve minutes of the Planning and Zoning
Commission as amended:
August 20, 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: Charlie Properties
File No. Z-747
2210 West Route 120
Conditional Use Permit
Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-747, an
application for conditional use permit to allow a drive-thru facility and to allow outside seating
in conjunction with a restaurant for the property located at 2210 West Route 120 as submitted by
Charlie Properties.
Chairman Howell stated Notice of Public Hearing was published in the Northwest Herald on
August 18, 2009. Notices were mailed to all abutting property owners of record and the property
was posted in accordance with the Zoning Ordinance. Certificate of Publication and Affidavit of
posting and notification requirements is on file in the City Clerk’s Office.
In attendance representing Charlie Properties was Gene Potempa and his tenant, Michael Baglio,
who were sworn in by Chairman Howell.
Observers in attendance were:
1. David Harmon, 2301 Country Lane, McHenry IL 60051
2. Harold Chambers, 2303 Country Lane, McHenry IL 60051.
Planning and Zoning Commission
September 3, 2009
Page 2
Mr. Potempa stated he owns the shopping center and Mr. Baglio, who constructed the center, is
considering leasing the space in question this evening. He noted the potential use of the space is
in a very preliminary stage. It is not certain who the actual user might be.
Mr. Baglio stated the City previously granted a conditional use permit to allow a drive-thru
facility in the shopping center. However, the space was never filled and the conditional use
permit expired. His purpose this evening is to once again secure a conditional use permit for the
owner so the property can be marketed as having the availability of drive-thru service. Mr.
Baglio noted he and Mr. Potempa have met with Staff to discuss Staff concerns expressed in the
Staff Report. He stated the drive-thru facility is a good fit for the shopping center, particularly if
it is a food service provider. Approximately 4,000 square feet of the center has been vacant since
Mr. Potempa’s purchase of the property two years ago.
Mr. Potempa stated a potential user of the site could be Zippy’s; however, it has been determined
a $300,000 interior improvement project would be required to accommodate them. Suggestion
was also made the property could host a tanning bed facility or a coffee shop. At this time the
owner is uncertain who the tenant will be. Mr. Potempa stated he would like the conditional use
permit to allow the drive-thru facility for marketing purposes.
Mr. Baglio also stated the request for the conditional use permit for a drive-thru facility would
assist in finding a tenant for the 1,800 square foot space on the west end-cap of the center.
Deputy City Administrator Martin provided the Staff Report regarding this matter. He noted the
proposed site is part of the shopping center located at 2210 West Route 120. As previously
stated, Mr. Baglio was granted a conditional use permit in 2006 to allow a drive-thru facility on
the premises. The conditional use permit has since expired. Additionally, the City’s parking
regulations in the Zoning Ordinance have been updated and are now directly related to the
specific user, particularly with regard to restaurants/food service entities. Deputy City
Administrator Martin noted there is adequate parking on the premises to accommodate a food
service provider in the 1,800 square foot space. He stated there are approximately 20 parking
spaces available on the north side of the building which are largely unused most of the time.
Deputy City Administrator Martin stated Staff reviewed the request for a drive-thru facility and
recommends approval subject to the following conditions:
1 “One Way” and “Do Not Enter” signs shall be posted in the locations depicted on the site plan;
2 Additional “Drive-thru Entrance” signs shall be posted at the east end of the site to direct drive-thru users;
3 Lane markings shall be placed on the east side of the building and the north side of the building to direct vehicles around the site;
4 The applicant shall work with Cardinal Fitness in encouraging their employees and patrons to utilize the parking to the north of the
building;
5 Drive-thru hours shall be restricted to 10:00 p.m. on any given day;
6 There shall only be one drive-thru window onsite located on the western end of the building;
7 Any speaker associated with the drive-thru shall be located on the western end of the building;
8 Bollards shall be placed along the north side of the building to create a physical separation between the rear building entry and the
drive-thru traffic.
Deputy City Administrator Martin stated with regard to the conditional use permit for outside
seating associated with a restaurant, Staff would recommend the following conditions be
attached to its approval:
Planning and Zoning Commission
September 3, 2009
Page 3
1. Outside seating shall be limited to a couple of removable tables on the sidewalk area directly in front of the unit;
2. There shall be no outside seating located within the landscape island.
Chairman Howell invited questions and comments from the Commission.
In response to an inquiry, Mr. Potempa stated he is not yet certain what business will occupy the
subject site. His goal in acquiring the conditional use permit for drive-thru facility and outside
seating for a restaurant is so that he is better able to market the site. Mr. Baglio reiterated the list
of uses allowed by the previous conditional use permit for a drive-thru facility on the site:
• Ice cream, donut, yogurt, candy, nut and popcorn shops;
• Dry cleaners with no onsite processing;
• Coffee, tea and other non-alcoholic beverage shops;
• Video rental;
• Photo Shop;
• Small drive-thru restaurant.
Responding to a question, Mr. Baglio stated he would be comfortable with Staff’s
recommendation regarding the location and amount of the outside seating.
In response to Chairman Howell’s inquiry, Deputy City Administrator Martin stated Staff would
agree to placement of no more than two tables, each capable of seating four persons, on the
sidewalk in front of the unit. He stated Staff is not comfortable with the applicant’s request to
place outside seating in the landscape island as there would likely be safety issues.
Commissioners inquired as to the type of signage which would be used to advertise the drive-
thru menu. Mr. Potempa replied a menu board in good taste would be installed. Brief discussion
followed regarding the baffling of sound from the menu board speaker so as not to disturb
adjacent residents to the north. Mr. Baglio stated the nearest residences are about 100’ away
from the north wall of the building. He expressed concern that drive-thru patrons would find it
difficult to make the 90° turn from the north side of the building to the west side and
immediately pull up to the menu board to place their order. He suggested the sign be placed on
the westerly portion of the north side and angled in a northwesterly fashion so as to baffle sound
resonance to the residents to the north.
Some discussion followed regarding onsite traffic flow, particularly as it relates to peak time
patrons of Cardinal Fitness on the premises. Mr. Baglio indicated directional signs would be used
including “one way” and “do not enter” to reroute the traffic in a one-way pattern counter-
clockwise around the building.
Discussion occurred regarding the available parking on the site and suggestion it might be
inadequate particularly during peak times for Cardinal Fitness patrons. It was noted the parking
spaces to the north of the building remain largely unused. Usage of those spaces would alleviate
parking issues on the remainder of the site.
Commissioners recommended the two handicapped accessible parking spaces to the north of the
building be relocated south of the building, particularly as the drive-thru lane would separate the
spaces from the building. Mr. Baglio stated the two spaces could be relocated without difficulty.
Recommendation was also made that the parking spaces north of the building be restriped from
Planning and Zoning Commission
September 3, 2009
Page 4
straight-in to angle for easier traffic circulation on the premises. Mr. Baglio agreed that could be
accomplished.
Chairman Howell invited questions and comments from the audience. The following were sworn
in prior to making their statements:
David Harmon, 2301 Country Lane: Mr. Harmon stated he resides just north of the subject
property. He expressed concern regarding food-based users. He suggested there would be noise
generated by the facility’s customers. He opined there is not adequate parking onsite. He stated
he would be agreeable to a coffee shop but not a restaurant or any place serving food.
Mr. Potempa stated at this time it is more likely to be a coffee shop than a restaurant due to the
expense of build-out to accommodate a restaurant.
There was no further comment from the public. Public Comment was closed at 8:05 p.m.
Chairman Howell stated the Chair was prepared to entertain a motion. The motion should
include the number of tables (an amount of seating) permitted to be used for outside seating and
should address Staff’s recommendation regarding menu board speaker placement.
Attorney Gibson stated if the Commission is leaning toward a similar recommendation for both
matters, a single motion would be required. If, however, the Commission is not leaning toward a
common recommendation for both conditional use permits, two motions would be preferable.
Motion by Nadeau, seconded by Buhrman, to recommend to the McHenry City Council, that
with regard to File No. Z-747, a request from Charlie Properties for:
A. A conditional use permit to allow the operation of a drive-thru facility on the property
located at 2210 West Route 120 be granted, subject to the following:
1. One Way” and “Do Not Enter” signs shall be posted in the locations depicted on the site plan;
2. Additional “Drive-thru Entrance” signs shall be posted at the east end of the site to direct drive-thru users;
3. Lane markings shall be placed on the east side of the building and the north side of the building to direct vehicles around
the site;
4. The applicant shall work with Cardinal Fitness in encouraging their employees and patrons to utilize the parking to the
north of the building;
5. Drive-thru hours shall be restricted to 10:00 p.m. on any given day;
6. There shall only be one drive-thru window onsite located on the north or west side of the building and directed in a
northwesterly manner;
7. Sound from any speaker associated with the drive-thru shall be muffled and directed away from residents adjacent to the
north of the building;
8. Bollards shall be placed along the north side of the building to create a physical separation between the rear building entry
and the drive-thru traffic.
B. A conditional use permit to allow outside seating associated with a restaurant, on the
property located at 2210 West Route 120 be granted, subject to the following
1. Outside seating shall be limited to two (2) removable tables (each with a maximum seating capacity of four persons) on the
sidewalk area directly in front of the unit;
2. There shall be no outside seating located within the landscape island.
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
September 3, 2009
Page 5
Voting Aye: Buhrman, Ekstrom, Howell, Morck, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. Vice Chairman Howell closed the public hearing at 8:10 p.m.
Other Business
Brief discussion occurred regarding the following:
• Deputy City Administrator Martin announced Bear Creek Coffee is expected to open by
the end of the month.
• Code compliance is improving in McHenry as several issues brought to Staff’s attention
by Commissioner Thacker have now been addressed and taken care of;
• Commissioner Ekstrom expressed her gratitude that Public Works responded so quickly
to her concern and eliminated the large potholes on Brittany Drive;
• Commissioner Nadeau mentioned a Green Recycling Incentive Program he would like to
introduce into the City. He will provide information to Deputy City Administrator Martin
for City review.
Adjournment
Motion by Nadeau, seconded by Ekstrom, to adjourn the meeting at 8:16 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 8:16 p.m.
Respectfully submitted,
_______________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry