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HomeMy WebLinkAboutMinutes - 09/20/2007 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting September 20, 2007 Chairman Howell called the September 20, 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: Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: Buhrman, Cadotte. Also in attendance were: Attorney Cahill, Director of Community Development Napolitano, Planner Jurs, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Ekstrom, to approve the minutes of the Planning and Zoning Commission as follows: August 16, 2007 regularly scheduled meeting. Voting Aye: Ekstrom, Howell, Nadeau. Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte. Motion carried. Public Hearing: John Alex Abt File No. Z-713 209 North Front Street Conditional Use Permits Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-713, an application for the following as submitted by John Abt for the property located at 209 North Front Street: Conditional use permit to allow outdoor seating for a restaurant; Conditional use permit to serve alcoholic beverages in conjunction with a restaurant. In attendance were applicant John Alex Abt and his attorney Jeff Nutschnig who were both sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on August 22, 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 Nutschnig informed the Commission the applicant is proposing to convert the existing restaurant located at 209 North Front Street to a Mexican-style restaurant, similar to his currently owned Las Palmas restaurants in the suburbs. The applicant is seeking a conditional use permit to allow outdoor seating and service of alcoholic in conjunction with his restaurant. Planner Jurs provided the commissioners with the Staff Report regarding this matter. She noted the applicant is seeking a conditional use permit to allow an outdoor seating area which is already in place on the subject property. The applicant intends to make no external changes to accommodate the outdoor seating area. Planner Jurs stated the applicant is also requesting a Planning and Zoning Commission September 20, 2007 Page 2 conditional use permit to allow the service of alcohol in conjunction with the restaurant. Although Staff had initially thought alcohol would only be served at the tables with food, Mr. Abt stated there would be a full service bar. Planner Jurs concluded Staff has no concerns and supports the requests. Chairman Howell opened the floor for questions and comments from the commissioners. Question was raised as to the amount of available parking on the site. Mr. Abt responded there is more than enough parking both in front of the building and at the rear of the premises. Responding to an inquiry, the applicant stated the restaurant would be very similar to his other Las Palmas restaurants, including the one in Mundelein. Responding to an inquiry, Mr. Abt stated he would relocate the refuse disposal area to be adjacent to either the restaurant or the shed at the rear of the site. Commissioners inquired if consideration had been given to a cross access easement agreement with the property owner to the north. The applicant responded he felt a cross access easement agreement was unnecessary. He stated he has more than enough parking on his site for the restaurant. He also is not opposed to customers of the neighboring businesses utilizing his parking spaces. Clarifying commissioners concerns, the applicant noted the restaurant would be open for lunch and dinner. Hours of operation would be until 10 p.m. on Sunday through Thursday, and until 12 a.m. on Friday and Saturday. Responding to a staffing question, Mr. Abt noted he would be utilizing some of his experienced staff from his other restaurants to initiate the opening of the McHenry restaurant. He also stated all staff would be BASSET trained. The applicant noted he intends to be open before May 1, 2008. In response to Chairman Howell invitation for questions or comments from the audience, there were none. There was not further testimony, questions or comments regarding this matter. Motion by Nadeau, seconded by Schepler, to recommend to City Council with regard to File No. Z-713 a request for the following for the property located at 209 North Front Street as requested by John Alex Abt: Conditional Use Permit to allow outdoor seating for a restaurant and to allow the service of alcoholic beverages in conjunction with a restaurant, be granted Subject to the following conditions: 1. The Conditional Use Permit shall expire and become null and void if the restaurant (Las Palmas) closes (defined by not being operational, i.e. serving customers) for a period of six continuous months; and 2. The dumpster enclosure shall be relocated to be adjacent to either the principal or accessory building. And that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 or the Zoning Ordinance has been met. Planning and Zoning Commission September 20, 2007 Page 3 Voting Aye: Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte. Motion carried 5-0. Comments by commissioners: Chairman Howell: Expressed his pleasure that someone is once again occupying the subject property. Chairman Howell closed the Public Hearing at 7:39 p.m. Public Hearing: Josh Carstens File No Z-712 3705 West Elm Street Conditional Use Permit and Variances Chairman Howell at 7:40 p.m. convened the Public Hearing regarding File No. Z-712, a request for the following as submitted by Josh Carstens for the property located at 3705 West Elm Street: Variance to allow a second principal building on a zoned lot; Conditional Use Permit to allow a drive-up facility; Variance to reduce the number of required stacking spaces from 5 per window to 2 per drive-up window. In attendance were applicant Josh Carstens and Kit Carstens and property owner Tom Sullivan of Sullivan Foods, who were all sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on August 24, 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. Josh Carstens stated in light of the popularity of coffee and coffee –type beverages, such as lattes and espressos, he saw an opportunity to initiate a new business in McHenry to fill this niche. He is proposing to erect an 8’ by 10’ unit in the Sullivan Foods parking lot to provide a drive-up coffee service to area residents and commuters. The unit is self-contained and would have dual drive-up windows: one on the north side of the building, and one on the south side of the building. Planner Jurs stated Director Napolitano would provide the Staff Report and respond to comments and questions regarding this matter. Director Napolitano stated Staff reviewed the request noting the need for variances as well as a conditional use permit to allow the proposed use on the site. The first variance is needed to allow a second principal building on a zoned lot. Director Napolitano noted even though the unit would utilize five parking spaces, there would be more than adequate parking on the site as required by the ordinance for both the grocery store and the coffee kiosk. Traffic patterns would be impacted, Planning and Zoning Commission September 20, 2007 Page 4 particularly at the intersection of Elm Street and Third Street. Director Napolitano noted Staff concerns regarding increased risk for traffic crashes at this intersection following the location of the coffee kiosk on the premises. The Police Department has a record in its system of all traffic crashes since October 2006. Since that time there have been 17 crashes at this location. Eleven of the crashes resulted from attempted left turns from Elm Street onto Third Street. Three of the crashes occurred during the later morning hours. Director Napolitano stated the applicant believes peak times will occur between 7 a.m. and 11 a.m. In response to an inquiry of Chief O’Meara, Director Napolitano stated the Police Department is comfortable with this use being located in Sullivan Foods lot. Director Napolitano stated Staff suggested restricting Third Street to right-in right-out, however, City Engineers did not believe that would help the situation. Staff supports the request for a variance to allow the second principal building on a zoned lot. The use might assist in bringing additional customers to the area. Director Napolitano stated the applicants are also requesting a conditional use permit to allow a dual drive-up facility on the premises. Without the drive-up windows, the kiosk would not work. Director Napolitano noted the average number of transactions would be approximately 12/hour, although the morning hours would be the busiest time. Staff recommends supporting the request provided the applicant restripes the lot to ease on-site traffic flow. Director Napolitano stated the applicants are seeking a variance to allow the reduction in the required number of five stacking spaces per drive-up window. Two stacking spaces per window are shown on the site plan. As there would be dual windows, the amount of stacking space could likely be reduced without an impact on potential customers. Staff supports the requested variance to reduce the number of stacking spaces. Chairman Howell invited questions and comments from the commissioners. Responding to an inquiry, Josh Carstens stated electric and telephone would be provided to the kiosk. Water would also be provided. A gray water storage tank would be utilized which would be emptied nightly. There would be no restrooms in the unit. Mr. Carstens noted he has made arrangements with Sullivan Foods for his employees to use the grocery store’s restrooms. A lengthy discussion followed regarding possible ways to alleviate the potential for onsite traffic congestions as well as to minimize the risk for possible traffic crashes in the area. A suggestion was made to change the parking lot entrance from Route 120 to an entrance only with no egress from this point. In response to a question regarding visibility of the kiosk for eastbound traffic, particularly in light of the large monument Sullivan Foods sign, Mr. Carstens noted the kiosk sign will be placed atop the unit and should be visible for both eastbound and westbound traffic. Question was raised regarding arrangements for snow removal. Mr. Carstens responded the lease agreement contained provisions for snow removal on the lot. Responding to an inquiry as to why Mr. Carstens had chosen this particular location, Mr. Carstens stated this is the central hub of town. Commuters will provide a major source of his clientele during the morning hours. Responding to a question regarding product delivery, Mr. Carstens stated delivery would be via UPS and would occur either prior to opening in the morning or following the end of the day in the evening. Hours of operation would be 6 a.m. until 6 p.m. Mr. Carstens noted the unit is Planning and Zoning Commission September 20, 2007 Page 5 purchased from City Brew. The estimated number of customers per hour is twelve. However, 66% of the business will likely occur between 7 a.m. and 11 a.m. at which time the number of customers would go up to about 22/hour. Some concern was expressed regarding the request for reduced stacking spaces, particularly during the peak times in the morning. In response to a question as to the duration of each customer’s wait at the window, Mr. Carstens stated City Brew estimates three minutes per serving. Mr. Carstens stated he would also serve items such as donuts, pastries, etc. along with the coffee drinks. Responding to commissioner’s inquiry, Mr. Sullivan stated his business peak time is 3 p.m. to 7 p.m. he anticipates the two businesses will complement each other. Question was raised as to the feasibility of serving pedestrians. Mr. Carstens responded if there is no provision in City codes to prevent it, he would be open to foot traffic service. Noting concerns raised regarding safety, Mr. Carstens stated concrete bollards would be utilized. He noted the building would be anchored into the parking lot. Should the unit be removed the premises would be restored to prior condition. Clarification was requested regarding the storage and removal of gray water. Mr. Carstens noted the gray water would drain into a holding tank which would be taken behind the grocery store and dumped into the City’s sanitary sewer. This would be done on a daily basis. Suggestion was made by the commissioners that the applicant provide landscaping to ensure the kiosk blends in well with the existing landscaping on the Sullivan Foods property. In response to Chairman Howell’s inquiry, there were no questions or comments from the audience. Motion by Nadeau, seconded by Ekstrom, with regard to File No. Z-712, to recommend to City Council that a request for variance to allow a second principal building on a zoned lot as requested by Josh Carstens for the property located at 3705 West Elm Street be granted, subject to the following condition: 1. If the coffee kiosk is closed (defined by not being operational, i.e. serving customers) for a period of three continuous months, the coffee kiosk shall be removed and the site shall be restored to its condition prior to the installation of the coffee kiosk; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte. Motion carried 5-0. Planning and Zoning Commission September 20, 2007 Page 6 Motion by Nadeau, seconded by Thacker, with regard to File No. Z-712, to recommend to City Council that a request for conditional use permit to allow two drive-up windows for the coffee kiosk located at 3705 West Elm Street as requested by Josh Carstens for the property located at 3705 West Elm Street be granted, provided that adequate pavement striping and signage be used to direct customers on the site; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte. Motion carried 5-0. Motion by Nadeau, seconded by Schepler, with regard to File No. Z-712, to recommend to City Council that a request for variance to allow a reduction in the number of required stacking spaces from five per drive-up window to two per drive-up window as requested by Josh Carstens for the property located at 3705 West Elm Street be granted, provided that adequate pavement striping and signage be used to direct customers on the site; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte. Motion carried 5-0. Comments by commissioners: Thacker: Noted he was skeptical regarding the location. His concerns have been answered in the Staff Report and in the recommendation from Chief O’Meara regarding the site. Chairman Howell: Expressed concern regarding traffic crashes at the site. This is a very chaotic intersection. He noted he was swayed by Director Napolitano’s remarks regarding the revitalization of this part of town as well as assurances that Staff had fully reviewed the request and believes the use could work at this site. Chairman Howell closed the Public Hearing at 8:15 p.m. Other Business Planner Jurs reported the agenda for the next meeting to be held on October 18, 2007 include Bear Creek Coffee conditional use permit; Diamond Drive Development; and a minor variance for a resident. Inquiry was made if lighting spillover evaluations had been done on auto dealerships in town. Planner Jurs noted no report was available at this time. Planning and Zoning Commission September 20, 2007 Page 7 Responding to an inquiry regarding the burned out site of the former Community Auto business, Director Napolitano stated the site has been taken over by the bank. The City has placed barricades to prevent illegal dumping on the premises. Citing the imminent closure of the Mitchell Potts dealerships, brief discussion followed regarding the possible redevelopment of the site. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn at 8:20 p.m. Voting Aye: Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Buhrman, Cadotte. Motion carried 5-0. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry