Quantcast

Lake County Gazette

Thursday, March 28, 2024

Lake Zurich Planning and Zoning Commission resumes rezoning hearings

Meeting 04

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.

A.

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.

C.

D.

4.

5.

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

Unappoved Minutes - Page 1 of 7

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 5 -

70 East Main Street | Lake Zurich, IL 60047

Planning & Zoning Commission Meeting Minutes, May 18, 2016 2

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

Unappoved Minutes - Page 2 of 7 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 6 -

70 East Main Street | Lake Zurich, IL 60047

Planning & Zoning Commission Meeting Minutes, May 18, 2016 3

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

Unappoved Minutes - Page 3 of 7 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 7 -

70 East Main Street | Lake Zurich, IL 60047

Planning & Zoning Commission Meeting Minutes, May 18, 2016 4

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

Unappoved Minutes - Page 4 of 7 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 8 -

70 East Main Street | Lake Zurich, IL 60047

Planning & Zoning Commission Meeting Minutes, May 18, 2016 5

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

Unappoved Minutes - Page 5 of 7 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 9 -

70 East Main Street | Lake Zurich, IL 60047

Planning & Zoning Commission Meeting Minutes, May 18, 2016 6

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

Unappoved Minutes - Page 6 of 7 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 10 -

70 East Main Street | Lake Zurich, IL 60047

Planning & Zoning Commission Meeting Minutes, May 18, 2016 7

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:

Unappoved Minutes - Page 7 of 7 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 11 -

70 East Main Street | Lake Zurich, IL 60047

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

Staff Report - Page 1 of 25

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 12 -

70 East Main Street | Lake Zurich, IL 60047

? Page 2

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.

Staff Report - Page 2 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 13 -

70 East Main Street | Lake Zurich, IL 60047

? Page 3

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.

Staff Report - Page 3 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 14 -

70 East Main Street | Lake Zurich, IL 60047

? Page 4

STAFF REPORT EXHIBIT B

PUBLIC HEARING SIGN ON SUBJECT PROPERTY

Staff Report - Page 4 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 15 -

70 East Main Street | Lake Zurich, IL 60047

? Page 5

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.

Staff Report - Page 5 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 16 -

70 East Main Street | Lake Zurich, IL 60047

? Page 6

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.

Staff Report - Page 6 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 17 -

70 East Main Street | Lake Zurich, IL 60047

? Page 7

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.

Staff Report - Page 7 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 18 -

70 East Main Street | Lake Zurich, IL 60047

? Page 8

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.

Staff Report - Page 8 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 19 -

70 East Main Street | Lake Zurich, IL 60047

? Page 9

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.

Staff Report - Page 9 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 20 -

70 East Main Street | Lake Zurich, IL 60047

? Page 10

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.

Staff Report - Page 10 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 21 -

70 East Main Street | Lake Zurich, IL 60047

? Page 11

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.

*** *** ***

Staff Report - Page 11 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 22 -

70 East Main Street | Lake Zurich, IL 60047

? Page 12

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

Staff Report - Page 12 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 23 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 13 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 24 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 14 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 25 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 15 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 26 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 16 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 27 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 17 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 28 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 18 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 29 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 19 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 30 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 20 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 31 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 21 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 32 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 22 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 33 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 23 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 34 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 24 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 35 -

70 East Main Street | Lake Zurich, IL 60047

Staff Report - Page 25 of 25 - sub

Planning & Zoning Commission - AGENDA PACKET 06/15/2016

- 36 -

70 East Main Street | Lake Zurich, IL 60047

!RECEIVE ALERTS

The next time we write about any of these orgs, we’ll email you a link to the story. You may edit your settings or unsubscribe at any time.
Sign-up

DONATE

Help support the Metric Media Foundation's mission to restore community based news.
Donate

MORE NEWS