At a recent meeting, the Lake Zurich Planning and Zoning Commission resumed two public hearings on rezoning requests begun at a previous meeting.
The Lake Zurich Planning and Zoning Commission meets at 7 p.m. on the third Wednesday of the month at Village Hall, 70 E. Main St.
Below is the agenda for this meeting, as provided by the commission.
AGENDA PACKET
VILLAGE OF LAKE ZURICH
Planning & Zoning Commission
Wednesday, June 15, 2016
CALL TO ORDER AND ROLL CALL
Chairperson Orlando Stratman, Vice-Chair McCormack, Kurt Baumann, Antonio Castillo,
Ildiko Schultz, William Riley, Tom Tomsovic, and Alternate Dannegger.
CONSIDERATION OF MINUTES
Minutes of the Planning and Zoning Commission Meeting, May 18, 2016.
Motion to approve the minutes (Voice Vote)
ATTACHMENT 1: UNAPPOVED MINUTES
PUBLIC HEARING
120-200 Telser Road – Termax Expansion - Flex Construction (PZC 2016-03 #2)
This is a continuation from the April 20, 2016 Public Hearing & the May 18, 2016
Continued Public Hearing where the Planning & Zoning Commission approved a
Motion to continue the Public Hearing to this June 15, 2016 date. Part of the subject
property is in the “I” Industrial District and part of the property is currently in the R-
1/2 Single Family Residential District, and the Public Hearing is to first consider
approval to rezone that portion of the property that is in the R-1/2 District to the “I”
Industrial District and then to consider a Preliminary Plan and Final Plat of
Subdivision, and to consider the Exterior Appearance Review at the Subject Property
located at 120 and 200 Telser Road
Since this matter was continued from the May 18, 2016 Public Hearing by the
Planning & Zoning Commission the Applicant has been continuing to work with
Village Staff to try to complete their submission documents. At this time the Applicant
is again requesting that the Public Hearing be continued to the July 20, 2016 Planning
& Zoning Commission Meeting/Public Hearing and Village Staff supports this
request.
Applicant – Kelly Sheehan, Flex Construction
951 S. Rand Road – Illinois Department Of Motor Vehicle Licensing And
Testing Facility (PZC 2016-05 #3)
1.
2.
3.
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B.
VILLAGE OF LAKE ZURICH
Planning & Zoning Commission
Wednesday, June 15, 2016
AGENDA
70 East Main Street | Lake Zurich, IL 60047
This is a continuation from the May 18, 2016 Public Hearing where the Planning &
Zoning Commission approved a Motion to continue the Public Hearing to this June
15, 2016 date. The Public Hearing is to consider the request for a Zoning Text
Amendment for this use in the existing B-3 Business District, and for Special Use
approval for this use at the subject location.
Attachment 1: Staff Report
832 S. Rand Road – Wagly Pet Care Services (PZC 2016-05 #4)
This is a continuation from the May 18, 2016 Public Hearing where the Planning &
Zoning Commission approved a Motion to continue the Public Hearing to this June
15, 2016 date. The Public Hearing is to consider Request for a Special Use approval for
this use in the existing B-3 Business District at the subject location. The Applicant is
requesting that this matter be withdrawn, and the Applicant may consider submitting
a new Application regarding this matter in the future.
300 E. Route 22 – U-Haul (PZC 2016-05 #5)
This is a continuation from the May 18, 2016 Public Hearing where the Planning &
Zoning Commission approved a Motion to continue the Public Hearing to this June
15, 2016 date. The Public Hearing is to consider the request for a Special Use
Approval, Site Plan Approval and Exterior Appearance Approval for this use in the
existing “I” Industrial District at the subject location. The request for the Special Use
approval had previously been reviewed by the Planning & Zoning Commission in
2015 but a Site plan was not included in the submissions to the Planning & Zoning
Commission at that time and the Village Board Tabled the consideration of the
Planning & Zoning Commission’s recommendation. The Applicants have now
submitted additional documents including a Site Plan and other documents, and the
Applicant is continuing to work with Village Staff to resolve pending issues that
include some additional submissions, including a Landscape Plan and additional sign
information. Since the Village Staff has not yet received these additional submittals,
Village Staff is requesting that this matter be continued to the July 20, 2016 Planning
& Zoning Commission Meeting/Public Hearing.
STAFF REPORT
ADJOURNMENT
The Village of Lake Zurich is subject to the requirements of the Americans with Disabilities Act of 1990.
Individuals with disabilities who plan to attend this meeting and who require certain accommodations so that
they can observe and participate in this meeting, or who have questions regarding the accessibility of the
meeting or the Village’s facilities, should contact the Village’s ADA Coordinator at 847.438.5141 (TDD
847.438.2349) promptly to allow the Village to make reasonable accommodations for those individuals.
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Planning & Zoning Commission 06/15/2016
70 East Main Street | Lake Zurich, IL 60047
Planning & Zoning Commission 06/15/2016
70 East Main Street | Lake Zurich, IL 60047
Unapproved
VILLAGE OF LAKE ZURICH
PLANNING & ZONING COMMISSION MINUTES
MAY 18, 2016
The meeting was called to order by Chairman Stratman at 7:00 p.m.
ROLL CALL: Present –Chairman Stratman, Commissioners McCormack, Riley, Schultz, and
Tomsovic. Excused: Commissioners Baumann, Castillo, and Dannegger.
Also present: Village Administrator Ray Keller, Asst. Village Administrator Roy Witherow,
Building Services Supervisor Mary Meyer, and Interim Village Planner Al Maiden.
Chairman Stratman noted a quorum was present.
CONSIDERATION OF MINUTES:
APPROVAL OF THE APRIL 20, 2016 MEETING MINUTES OF THE PLANNING & ZONING
COMMISSION:
MOTION was made by Commissioner Riley, seconded by Commissioner Schultz, to approve the
April 20, 2016 minutes of the Planning and Zoning Commission as presented.
Upon roll call vote:
AYES: 3 Chairman Stratman, Commissioners Riley and Schultz
NAYS: 0
ABSTENTIONS: 2 Commissioners McCormack and Tomsovic
MOTION CARRIED
PUBLIC HEARINGS:
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to
open the seven public hearings as followings:
Application PZC 2016-03 #2, 120-200 Telser Rd. Termax;
Application PZC 2016-05 #1, 532 W. Rt. 22 Copper Fiddle Distillery;
Application PZC 2016-05 #2, 1200 Flex Ct. Tuf-Tite;
Application PZC 2016-05 #3, 951 S. Rand Rd. IL. Dept. of Motor Veh.;
Application PZC 2016-05 #4, 832 S. Rand Rd. Wagly Pet Care Services;
Application PZC 2016-05 #5, 300 E. Rt. 22 U-Haul;
Application PZC 2016-05 #6, Z. Z. Text Amends. Soils-Site Pl.-Ex. Appearance
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
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Chairman Stratman said due to the large Agenda this evening, he would swear in anyone wishing
to testify or ask any questions regarding any of the seven Applications that are on the Agenda tonight.
He swore in all those wishing to testify on any agenda item.
A. 120-200 Telser Road - Flex Construction (PZC 2016-03 #2): Continuation of the April 20,
2016 Public Hearing where the Planning & Zoning Commission approved a Motion to continue
the Public Hearing to this May 18 2016 date. The Public Hearing is to consider approval
of of a Preliminary Plan and Final Plan of Subdivision, Variation to allow encroachment
into conservancy soils, Rezoning from R-1/2 Single-Family Residential to I Industrial,
Site Plan, and Exterior Appearances at the Subject Property located at 120 and 200 Telser
Road and currently within the I Industrial and R-1/2 Single-Family Residential Zoning District
- Applicant Kelly Sheehan, Flex Construction
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to
continue the public hearing on Application PZC 2016-03 #2 for 120 and 200 Telser Road, the Flex
Construction Termax Addition until the next regularly scheduled Planning and Zoning Commission
meeting on June 15, 2016 at 7:00 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners Baumann, Castillo, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
B. 532 W. Route 22 - Copper Fiddle Distillery (PZC 2016-05 #1) Request for a Text
Amendment to the Village Zoning Code concerning live entertainment as an accessory use
an an amendment to an existing Special Use for Copper Fiddle Distillery in the existing B-1
Business District.
Fred Robinson, co-owner of the Copper Fiddle Distillery, presented his petition to have live entertainment.
He has been having small bands and acoustic performances, which have been allowed
under a temporary authorization. He would now like to have to have permanent approval under a
special use permit. The owner of Goodyear Tire, Jim Iverhouse, has and will continue to allow
parking on his adjacent lot.
Ed Socki, 303 Whitney Road, said he lives behind the subject property. They do not want the
“open mike” or entertainment frequency to increase since their bedroom faces the business. Mrs.
Socki presented a letter from Lou Auer, 252 Whitney Road, that was read into the record by
Chairman Stratton. The letter states that the music disturbs her sleep although she has not filed any
complaints and asked that the petition be denied. Chairman Stratman emphasized that there would
be no change in the music, which would still end by 10:30 p.m. but only the type of approval that
would allow it would change. Commissioner Tomsovic asked if there were any measures taken to
improve sound proofing to which Mr. Robinson said no.
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to
close the public hearing on Application PZC 2016-05 #1 at 7:23 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
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Discussion followed on soundproofing. Mr. Robinson said he has had live entertainment for two
years without any complaints and that no one came to the Courtesy Review at the Board meeting
on April 4, 2016 to object. He reiterated his desire to be a good neighbor and willingness to respond
to complaints. He would agree to investigate soundproofing measures if necessary and only
if they were within reason including cost.
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to receive
into the public record the staff review of compliance of this Application with the zoning
standards as presented by staff this evening, and to make these standards a part of the official
record for the Application and reflect that the conditions have been met in all categories.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
MOTION was made by Commissioner Reilly, seconded by Commissioner Tomsovic, to receive
into the public record the letter dated May 14, 2016 from Lou Auer that was received and read into
the record this evening.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to
recommend the Village Board approve the Zoning Text Amendment.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to
recommend the Village Board approve the Amendment to the Special Use Permit at the Subject
Property subject to the following conditions:
1. The posting by the business of the Maximum Occupancy Number that is to be provided by
the Village.
2. The live entertainment should not continue after 10:30 p.m.
3. The petitioner should investigate possible improvements to help to control the volume of
any noise disturbances associated with the live entertainment.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
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C. 1200 Flex Court - Tuf-Tite Expansion (PZC 2016-05#2): Request for a Zoning Text
Amendment, Variations, Site Plan Approval and Exterior Appearance Approval for the expansion
of the existing Tuf-Tite building in the existing “I” Industrial District.
Kelly Sheehan, Flex Construction, reviewed the proposed plan for the Tuf-Tite expansion and described
the exterior appearance, which will match the existing facility. She outlined the new parking,
which is 43 new regular spaces with access from Telser Court, 9 regular spaces with access
from Flex Court, and 2 additional handicapped accessible spaces. She said she gave a letter to Supervisor
Meyer from the Industrial Council stating that they support the expansion.
Planner Maiden asked that a correction be made to Item A-2 - Materials on the Staff Review of
Compliance (Exhibit F). He said the standards have been met. He briefly summarized the scope of
the proposed Text Amendment and said staff supports it. Regarding open loading dock doors, he
said the expansion will shield the doors from the view of the public. Ms. Sheehan said all loading
will take place at the rear of the building. There will be a reduction in the number of doors, which
will result in renumbering them to assist public safety.
MOTION was made by Commissioner Tomsovic, seconded by Commissioner McCormack, to
close the public hearing on Application PZC 2016-05 #2 at 7:40 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
MOTION was made by Commissioner Tomsovic, seconded by Commissioner Schultz, to receive
into the public record the staff review of compliance of this Application with the zoning standards
with corrected comments as presented by staff this evening, and to make these standards a
part of the official record for the Application. and reflect that the conditions have been met.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
MOTION was made by Commissioner McCormack, seconded by Commissioner Reilly, to recommend
the Village Board approve the Zoning Text Amendment as submitted this evening.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
MOTION was made by Commissioner Tomsovic, seconded by Commissioner McCormack, to
recommend the Village Board approve the Variation at the Subject Property as submitted this
evening.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
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MOTION CARRIED
MOTION was made by Commissioner Tomsovic, seconded by Commissioner McCormack, to
recommend the Village Board approve the Site Plan approval for the Subject Property subject to
the following conditions:
1) That the Site Plan submitted for Development Permit and Building Permit shall address the
comments noted in the Village Engineer’s Report, the Village Landscape Consultants Review
Memo, and the Village Staff Review Memos.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
MOTION was made by Commissioner Tomsovic, seconded by Commissioner Schultz, to recommend
the Village Board grant Exterior Appearance approval for the Subject Property as submitted
this evening.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
D. 951 S. Rand Road - Illinois Department of Motor Vehicle Licensing and Testing Facility
(PZC 2016-05#3): Request for a Zoning Text Amendment and Special Use approval for this
use in the existing B-3 Business District.
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to
continue the public hearing on Application PZC 2016-05 #3 for 951 S. Rand Road, Department of
Motor Vehicles, until the next regularly scheduled Planning and Zoning Commission meeting on
June 15, 2016 at 7:00 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners Baumann, Castillo, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
E. 832 S. Rand Road - Wagly Pet Care Services (PZC 2016-05#4): Request for a Special Use
approval for this use in the existing B-3 Business District.
MOTION was made by Commissioner Reilly, seconded by Commissioner Tomsovic, to continue
the public hearing on Application PZC 2016-05 #4 for 832 S. Rand Road, Wagly Pet Care Service,
until the next regularly scheduled Planning and Zoning Commission meeting on June 15,
2016 at 7:00 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners Baumann, Castillo, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
F. 300 E. Route 22 - U-Haul (PZC 2016-05#5): Request for a Special Use Approval, Site
Plan Approval and Exterior Appearance Approval for this use in the existing “I” Industrial
District. The request for the Special Use approval had previously not included in the submissions
to the Planning & Zoning Commission at that time and the village board Tabled the
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consideration of the Planning & Zoning Commission’s recommendation. The Applicants
have now submitted additional documents including a Site Plan and other documents for review
with the Planning & Zoning Commission Village Planning & Zoning Commission’s
recommendations to the Village Board. The Applicant is working with Village Staff to resolve
pending issues, and they are requesting that the matter be continued to the June 15,
2016 Planning & Zoning Commission Meeting/Public Hearing and Village Staff supports
this request.
MOTION was made by Commissioner McCormack, seconded by Commissioner Tomsovic, to
continue the public hearing on Application PZC 2016-05 #5 for 300 E. Route 22, U-Haul, until the
next regularly scheduled Planning and Zoning Commission meeting on June 15, 2016 at 7:00 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners Baumann, Castillo, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
G. Village Zoning Code Text Amendments (PZC 2016-05#6): Request for Text Amendments
to the Village Zoning Code concerning Chapter 8, Article C., Natural Resource Protection,
Chapter 20 Site Plan Review, and Chapter 21 Exterior Appearance Review.
Planner Maiden introduced the proposed Zoning Text Amendment which would allow the Village
Engineer to review Natural Resource Protection regarding Drainageway Protection and the Village
Manager or his designee to approve Site Plans and Exterior Appearance applications for minor
modifications that do not require a public hearing. A question and answer period followed with
staff providing clarifications on the current review process and the proposed changes. Planner
Maiden said any change even if minor that required a variation would still come before the PZC.
The ability would still exist to send items to the PZC if the Village Manager and/or Board of Trustees
requested PZC review even if the petition did not require a public hearing. He said the
amendment would also provide necessary clarification to the review process, which was recommended
by the Village Attorney for consistency. Supervisor Meyer added that the change could
allow staff to review new construction, but the applicant would still be required to prepare the
same submittals and present them to staff for review.
Concerns raised by PZC members were the criteria for PZC review rather than staff only review,
and Exterior Appearance and other reviews without out any community input through the expertise
and diversity of the PZC. Planner Maiden reiterated that an application must be a permitted
use within the existing zoning and not require any variances, and not be a P.U.D. or it would require
PZC review. Village Administrator Keller said staff collectively will review applications to
check for code compliance, which brings a combination of professional skills and different backgrounds
to the process. Commissioner Reilly asked that the text amendment be reviewed in one to
two years to see if it has worked out well or needs to be modified. Commissioner Tomsovic supports
staff review of technical matters but thought the PZC review might be more detailed or intense
as well as lending different view points to the review process.
MOTION was made by Commissioner McCormack, seconded by Commissioner Reilly, to close
the public hearing on Application PZC 2016-05 #6 at 8:21 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
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MOTION CARRIED
MOTION was made by Commissioner McCormack, seconded by Commissioner Schultz, to receive
into the public record the staff review of compliance of this Application with the zoning standards
as presented by staff this evening, and to make these standards a part of the official record
for the Application.
Upon roll call vote:
AYES: 4 Chairman Stratman, Commissioners McCormack, Riley, and Schultz
NAYS: 1 Commissioner Tomsovic
MOTION CARRIED
MOTION was made by Commissioner McCormack, seconded by Commissioner Reilly, to recommend
the Village Board approve the Zoning Text Amendment subject to the following condition:
That this matter be reviewed again approximately one year after these review procedures are
initiated by the Village Manager, and/or the Village Staff or Village Consultants designated by the
Village Manger to address the review of these matters related to the Zoning Code Text Amendments
to determine if possible further refinements and/or further Zoning Code Text Amendments
may be appropriate.
Upon roll call vote:
AYES: 4 Chairman Stratman, Commissioners McCormack, Riley, and Schultz
NAYS: 1 Commissioner Tomsovic
MOTION CARRIED
STAFF REPORT:
MOTION was made by Commissioner Reilly, seconded by Commissioner McCormack, to open
the public meeting for any staff reports or other business at 8:24 p.m.
Upon roll call vote:
AYES: 5 Chairman Stratman, Commissioners McCormack, Riley, Schultz, and Tomsovic
NAYS: 0
MOTION CARRIED
Planner Maiden said staff is trying to review applications carefully to be sure they are complete
and correct and any needed approvals are identified, which is why there have been several continuances.
He said there is a great deal of development going on in the industrial park, which is excellent.
ADJOURNMENT:
MOTION was made by Commissioner Tomsovic, seconded by Commissioner McCormack, to
adjourn the meeting. Voice Vote, all in favor. MOTION CARRIED
The meeting was adjourned at 8:25 p.m.
Submitted by: Janet McKay, Recording Secretary
Approved by:
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COMMUNITY SERVICES DEPARTMENT
Building and Zoning Division
505 Telser Road
Lake Zurich, Illinois 60047
(847) 540-1696
Fax (847) 726-2182
LakeZurich.org
APPLICATION PZC 2016-05 #3 AGENDA ITEM 3B.
STAFF REPORT
To: Chairperson Stratman and Members of the Planning & Zoning Commission
From: Building & Zoning
Mary Meyer, Building Services Supervisor
Al Maiden, Interim Village Planner
CC: Sarosh Saher, Community Development Director
Roy Witherow, Assistant Village Manager
Date: June 10, 2016
Re: PZC 2016-05 #3 Zoning Application for a Zoning Ord. Text Amendment to add as a
Special Use in the B-3 District “Motor vehicle licensing and inspection officegovernment
(9621)” and approval of a Special Use Permit in the B-3 District for this
use at 951 S Rand Road.
____________________________________________________________________________________
Summary: John Sfire (the “Property Owner”) has submitted a zoning application on behalf of the State
of Illinois Department of Motor Vehicles (DMV) (the “Applicant”). The Applicant is proposing the
establishment of a “Motor vehicle licensing and inspection office-government (9621) at 951 S. Rand
Road in the Deerpath Commons Retail Center. The Zoning Ordinance Text Amendment would be to
Section 9-4-3 SPECIAL USES, Letter E. Services to add a new Number 37. Motor vehicle licensing and
inspection office-government (9621) and for a Special Use Permit for 951 S. Rand Road that has
approximately 9,700 square feet of floor area that will include an accessory use for an outside area for
“Motorcycle Testing” that is on the Deerpath Commons Retail Center property.
Pursuant to public notice published on May 2, 2016, in the Daily Herald, a public hearing has been
scheduled with the Lake Zurich Planning & Zoning Commission for May 18, 2016, to consider the
Application. At the Applicant’s request, that hearing was continued until June 15, 2016.
For a copy of the legal description for the subject property see Exhibit A attached hereto (the “Subject
Property”). The Applicant filed the current application on April 19, 2016 (the “Application”) seeking a
Text Amendment and Special Use permit.
For the Application, the Village posted a sign notifying the public of the pending zoning application on
the subject Property (Exhibit B)
Preliminary Findings: The Property Owner has submitted a copy of a site plan for the existing Deerpath
Commons Retail Center that indicates the location of the tenant space at 951 S. Rand Road that has a note
with a leader line to indicate the proposed location for the “Motorcycle Testing Area.” The Applicant has
not included a request for a Site Plan Review as part of this current Application and the notes on the site
plan exhibit may not represent physical changes to the site plan, but rather may be changes that may are
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just markings or signs on the existing pavement. The Planning & Zoning Commission may want to ask
the Applicants to present testimony to clarify this matter.
The Planning & Zoning Commission may also want to ask the Applicants to present testimony and
submit documents to become part of the official record of documents for the Public Hearing to address
the operational characteristics of the proposed Special Use including “noise’ that may be associated with
the onsite outdoor “Motorcycle Testing Area.” Section 9-4-9D. of the Business District’s “Special
Development and Use Regulations” requires compliance with the Village’s Industrial Performance
Standards (subsections 9-6-9B through H) and Letter B. addresses the Noise Standards. It appears
appropriate that the Planning & Zoning Commission is provided with testimony and/or documents to
indicate the ability of the proposed Special Use to address these required noise standards and that this be
included in the Public Hearing record.
Staff reviews from the Building and Zoning Division, Public Works, Fire/Rescue Department, and Police
Depart, are attached. There may be no proposed “physical” changes to the exterior of the site and so no
engineering review was requested base on the current Application.
Recommendation: Your recommendation should be based on the standards included in Section 9-18-3
Standards for Amendments and Section 9-19-3 Standards for Special Use Permits.
Please refer to Exhibits C. and D. for Staff’s responses to these zoning standards. The Zoning Code
requires that a recommendation of approval should be made only after all standards of approval have
been met. Based on Staff’s review, all of the standards for approval have been met. Therefore, staff
recommends that the Planning & Zoning Commission make a motion for a recommendation of approval.
Should you have any questions, please call Mary Meyer at 847-540-1760 or Al Maiden at 847-540-1759.
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STAFF REPORT EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERY
LOT 1 and LOT 2 BEING A SUBDIVISION OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 28 AND NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 43 NORTH, RANGE 10, EAST
OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
NOVEMBER 11, 2005 AS DOCUMENT 5895998, IN LAKE COUNTY, ILLINOIS.
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STAFF REPORT EXHIBIT B
PUBLIC HEARING SIGN ON SUBJECT PROPERTY
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STAFF REPORT EXHIBIT C
REVIEW OF COMPLIANCE WITH ZONING STANDARDS
FOR A ZONING TEXT AMENDMENT RELATED TO MOTOR VEHICLE LICENSING AND
INSPECTION SEVRICE USE IN THE VILLAGE B-3 BUSINESS DISTRICT
9-18-3 STANDARDS FOR AMENDMENTS
Amending the zoning map or the text of this zoning code is a matter committed to the sound legislative
discretion of the board of trustees and is not dictated by any set standard. However, in determining
whether a proposed amendment should be granted or denied, the board of trustees shall act in what it
reasonably believes to be in the best interest of the general public, and may consider, among other
factors, the following factors as they may be relevant to a particular application:
A. The consistency of the proposed amendment with the purposes of this zoning code.
Staff Response: Standard met. The stated Overall Purposes of the zoning code
is to “to maintain Lake Zurich as a community comprised principally of well
maintained single-family residential neighborhoods and separately located,
thriving business areas.” The proposed text amendment is only for the business
areas that are separately located from residential neighborhoods and where the
proposed Special Use for the testing and inspection services for vehicles and
drivers of vehicles in the Village and adjacent areas can help with continuing to
support access to assure thriving business areas.
B. The community need for the proposed amendment and for the uses and development it
would allow.
Staff Response: Standard met. The proposed amendment will address the needs of
village residents to have ready access for the testing and inspection services for vehicles
and drivers of vehicles in the Village and adjacent areas.
C. If a specific parcel of property is the subject of the proposed amendment, then the following
factors:
1. Existing Uses And Classifications: The existing uses and zoning classifications
for properties in the immediate vicinity of the subject property.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
2. Trend of Development: The trend of development in the immediate vicinity of
the subject property, including changes, if any, in such trend since the subject
property was placed in its present zoning classification.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
3. Diminution of Values: The extent to which the value of the subject property is
diminished by the existing zoning classification applicable to it.
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Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
4. Increase in Health, Safety, and Welfare: The extent, to which any such
diminution in value is offset by an increase in the public health, safety, and
welfare.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
5. Effects on Adjacent Properties: The extent to which the use and enjoyment of
adjacent properties would be affected by the proposed amendment.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
6. Value of Adjacent Properties: The extent to which the value of adjacent
properties would be affected by the proposed amendment.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
7. Future Development: The extent to which the future orderly development of
adjacent properties would be affected by the proposed amendment.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
8. Suitability of Text Amendment: The suitability of the proposed text amendment
for the zoning district in which the amendment is being proposed
Staff Response: Standard met. The proposed text amendment is being proposed
in B-3 business zoning district but only as Special Uses to further assure the
suitability of the proposed Special Use to uses already allowed in the B-3
business zoning district.
9. Ingress and Egress: The availability, where relevant, of adequate ingress to and
egress from the subject property and the extent to which traffic conditions in the
immediate vicinity of the subject property would be affected by the proposed
amendment.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
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10. Utilities and Services: The availability, where relevant, of adequate utilities and
essential public services to the subject property to accommodate the uses
permitted or permissible under its present zoning classification.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
11. Length of Vacancy: The length of time that the subject property has been vacant,
considered in the context of the pace of development in the vicinity of the
subject property.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within all the B-3
business district.
12. Positive Effect: The proposed amendment creating a positive effect for the
zoning district, its purposes, and adjacent properties shall be placed before the
benefits of the petitioner.
Staff Response: Not applicable. No specific property is the subject of this text
amendment. The amendment will apply to all properties within the B-3 business
zoning district.
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STAFF REPORT EXHIBIT D
REVIEW OF COMPLIANCE WITH ZONING STANDARDS
FOR 951 S. RAND ROAD
9-19-3 STANDARDS FOR SPECIAL USE PERMITS
A. General Standards. No special use permit shall be recommended or granted pursuant to
this Chapter unless the applicant shall establish that:
1. Code and Plan Purposes. The proposed use and development will be in harmony
with the general and specific purposes for which this Code was enacted and for
which the regulations of the district in question were established and with the
general purpose and intent of the official Comprehensive Plan.
Staff Response: Standard met. The purpose of the B-3 zoning district is “to
provide locations for major retail centers” and ‘the regulations are designed to
encourage a broad range of attractive retail and compatible service uses in those
centers” The Village’s Comprehensive Plan notes that the first Goal under the
“Commercial Goals and Objectives” is to “provide an appropriate balance of
retail opportunities which adequately meet the needs of the Village residents.”
The proposed Special Use for the Motor vehicle licensing and inspection officegovernment
including the accessory use for the outside motorcycle testing area
supports the stated purpose related to encouraging a broad range of attractive
retail and compatible service uses, and the Comprehensive Plan goal for an
appropriate balance of retail opportunities which adequately meet the needs of
the village residents and represents a compatible service use with the balance of
the retail opportunities in this retail center.
2. No Undue Adverse Impact. The proposed use and development will not have a substantial or
undue adverse effect upon adjacent property, the character of the area, or the public health,
safety, and general welfare.
Staff Response: Standard met. The proposed Special Use in the existing tenant
space within the overall retail center that will be required to meet the Village
Performance Standards including the noise standards will have no undue adverse
impacts on the character of the area, or on adjacent property or on the public
health, safety, and general welfare.
3. No Interference With Surrounding Development. The proposed use and
development will be constructed, arranged, and operated so as not to dominate
the immediate vicinity or to interfere with the use and development of
neighboring property in accordance with the applicable district regulations.
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4. Staff Response: Standard met. The proposed Special Use in the existing tenant space within the
overall retail center with the accessory use for the outdoor motorcycle testing area will not
dominate the immediate vicinity or interfere with the use and development of neighboring
property in accordance with the applicable district regulations that include Performance
Standards.
5. Adequate Public Facilities. The proposed use and development will be served
adequately by essential public facilities and services such as streets, public
utilities, drainage structures, police and fire protection, refuse disposal, parks,
libraries, and schools, or the applicant will provide adequately for such services.
Staff Response: Standard met. Adequate public utilities are already in place to
serve the existing tenant space and the proposed Special Use will not
significantly increase the demand for these utilities and services. Fire and Police
protection are capable of adequately servicing the existing tenant space within
the overall retail center and the proposed Special Use will not significantly
increase the demand for these services. The proposed Special Use will be
equipped to handle refuse disposal. There will be no impact to parks, libraries, or
schools.
6. No Traffic Congestion. The proposed use and development will not cause undue
traffic congestion nor draw significant amounts of traffic through the
surrounding streets.
Staff Response: Standard met. The existing street network that provides access
to the Subject Property is capable of handling retail or services uses and any
increase in traffic that may be generated by the proposed Special Use should be
insignificant. Any increased traffic associated with driver’s license testing will
be under the supervision of trained staff with the Illinois Department of Motor
Vehicles.
7. No Destruction of Significant Features. The proposed use and development will
not result in the destruction, loss, or damage of any natural, scenic, or historic
feature of significant importance.
Staff Response: Standard met. The proposed use will occupy in an existing
tenant spaces within an already developed site and therefore no destruction, loss,
or damage to any natural, scenic, or historic feature of significant importance is
anticipated.
8. Compliance with Standards. The proposed use and development complies with
all additional standards imposed on it by the particular provision of this Code
authorizing such use.
Staff Response: Standard met. The Special Use will be required to comply with
the additional Performance Standards including the standards related to noise
that are imposed by the Code.
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9. Positive Effect. The proposed special use creating a positive effect for the zoning
district, its purpose, and adjacent properties shall be placed before the benefits of
the petitioner.
Staff Response: Standard met. The proposed Special Use Permit supports to the
purpose of the B-3 zoning district and is compatible with the other commercial
uses in the area and will have a positive effect for the zoning district. Having the
proposed Special Use being required to comply with the Village Performance
Standards including the Performance Standard related to Noise will have a
positive effect related to adjacent properties before the benefits of the petitioner.
B. Special Standards for Specified Special Uses. When the district regulations authorizing any
special use in a particular district impose special standards to be met by such use in such district,
a permit for such use in such district shall not be recommended or granted unless the applicant
shall establish compliance with such special standards.
Staff Response: Standard met. The district regulations do not provide for any special
standards for the proposed Special Use other than the requirements related to all uses in
the Business District for compliance with the Village Performance Standards.
C. Considerations. In determining whether the applicant's evidence establishes that the foregoing
standards have been met, the Plan Commission and the Board of Trustees shall consider:
1. Benefit. Whether and to what extent the proposed use and development at the
particular location requested is necessary or desirable to provide a service or a
facility that is in the interest of the public convenience or that will contribute to
the general welfare of the neighborhood or community.
Staff Response: Standard met. The provision of the proposed Special Use in the
existing tenant space within the existing retail center at the proposed location
will provide the community a convenient location for these types of services for
the testing and inspection services for vehicles and drivers of vehicles in the
Village and adjacent areas which will contribute to the general welfare of the
neighborhood and community.
2. Alternative Locations. Whether the purposes of the zoning code can be met by
the location of the proposed use and development in some other area or zoning
district that may be more appropriate than the proposed site.
Staff Response: Standard met. The Special Use already is proposed for an
existing tenant space in a retail center that has ready access to the area road
network at the subject location and the proposed Special Use at this location
within the overall retail center is appropriate, and an alternative location for this
type of use that may not have the ready access to the overall road network would
not be any more appropriate than the proposed location.
3. Mitigation of Adverse Impacts. Whether all steps possible have been taken to
minimize any substantial or undue adverse effects of the proposed use and
development on the immediate vicinity through building design, site design,
landscaping, and screening.
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Staff Response: Standard met. The proposed Special Use will be located within
an existing tenant space that is already located in a developed retail center and
will have the operations of the proposed Special Use subject to compliance to the
Village’s Performance Standards and will not create adverse impacts that will
need mitigation through site design, building design, or landscape screening.
*** *** ***
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LAKE ZURICH PLANNING & ZONING COMMISSION
FINAL FINDINGS & RECOMMENDATIONS
FOR
JUNE 15, 2016
The Planning & Zoning Commission hereby recommends approval of Application PZC 2016-05 #3,
subject to the findings as contained within the Staff Report dated June 10, 2016, for this Application and
subject to the condition of approval as follows:
Without any further additions, changes and modifications.
With the following additions, changes and modifications:
___________________________________________________
Orlando Stratman - Planning & Zoning Commission Chairman
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