HomeMy WebLinkAboutMinutes - 10/18/2001 - Zoning Board of Appeals A REPORT
THE CTI'Y OF MCHENRy
ZONING BOARD OF APPEALS
�.- OCTOBER 18,2001
IN THE MATTER OF THE APPLICATION OF �
NANCI NETT-O'HALLERAN FOR A ZONING
MAP AMENDMENT PURSUANT TO THE � Z-536
ZONING ORDINANE OF THE CITY OF � Nett-O'Halleran
MCHENRY, MCHENRY COIJNTY, ILLINOIS � Reclassification
� 412 N Front St
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday,
October 11, 2001 and recessed to toda.ys date. Chairman Semrow called the Public Hearing to
order at 7:35 p.m. with the following persons in attendance:
1• Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Howell, Semrow,
Thacker. Absent: Lovett.
2• City Attorney: Kelly Cahill.
3• Record;ng Secretary: Absent.
4. City Planner: Douglas Martin,
5• Director of Community Development: Joseph Napolitano.
6. Applicant: Nanci Nett-O'Halleran, 6105 White Oak Drive, McHenry IL 60050.
7 Attorney for Applicant: Mary Nader, Waggoner and Waggoner, 4 N. Walkup Avenue,
Crystal Lake, IL 60014.
8. City CounciUStaff• Alderman Bolger, Alderman Murgatroyd, Alderman Low.
9• Court Reporter: None.
� 10. Registered Observers/Objectors: None.
PUBLICATION
Notice of this Public Hearing was published in the Northwest Herald on September 12, 2001. A
Certificate of Publication is on file in the Office of the City Clerk. Notices were mailed to all
abutting property owners. An affidavit of compliance with notice requirements is on file in the
Office of the City Clerk.
LOCATION
The subject property is located at 412 North Front Street and is currently zoned RS-3,
unoccupied residential.
SUMMARY
The Petitioner is seeking resubdivision of the single parcel into three lots:
■ Lot 3 would have Route 31 frontage—C-5 Highway Commercial Zoning;
■ Lots 1 and 2 would remain RS-3 residential.
TESTIMONY
Chairman Semrow swore in the following witness for the Petitioner:
■ Nanci Nett-O'Halleran, 6105 White Oak Drive, McHenry, Illinois 60050.
Attomey Nader stated the Petitioner is proposing to re-subdivide a 1.9-acre parcel located at 412
North Front Street, commonly known as Veronica Estates. The parcel has Route 31 frontage but
�'' extends through to frontage on Da1e Avenue. The Petitioner is proposing a three-lot subdivision.
The two eastern lots would remain residential with current RS-3 zoning. The petitioner is
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`-- requesting the western lot be reclassified to O-2. Attorney Nader noted the Petition was
originally filed requesting GS Highway Commercial. However, Staff recommended denial of
the CS request. The Petitioner is therefore amending the Petition on its face to request O-2
zoning for Lot 3. Attorney Nader noted the property to the immediate south was re-subdivided
and zoned similarly.
Applicant Nett-O"Halleran testified as to the Approval Criteria for Map Amendments as stated
in the text of the Petition.
QUESTIONS BY MEMBERS OF THE BOARD
There were no questions by the Boazd.
Chauman Semrow stated, "there being no further testimony before the Zoning Board of Appeals
with regard to this Petition, the Chair will entertain a motion with regard to the Petition, unless
there is a motion to recess by a Member of the Board."
DELIBERTATION AND RECOMMENDATION
Motion by Eksirom, seconded by Franzen,to recommend to the City Council that
The Petitioners request to reclassify Lot 3 of Veronica Estates to O-2 Office Park and
maintain RS-3 Residential Zoning on Lots 1 and 2 of Veronica Estates; and that Table 33, the
Approval Criteria for Map Amendments, page 401, of the Zoning Ordinance has been met.
�
Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Semrow, Thacker.
Voting Nay: None.
Nat Voting: None.
Abstaining: None.
Absent: Lovett.
Motion carried 6-0.
ADJOURNMENT
T'here being no further business before the Boazd with regard to this matter, this Hearing was
adjourned at 7:45 p.m.
Respectfully submitted,
Harry Semr , Chairman
Zoning Boazd of Appeals
C: Mayor, ,�ldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Plan Commission (7), Landmark Commission Cha.irman Chicago
Tribune, Northv�est Herald, Aldermen Conference Room, File Copy. Z-536
�
A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
OCTOBER 18,2Q01
�
IN THE MATTER OF THE APPLICATION OF )
AVONLEA CO'I'TAGES FOR A MAP AMEND- ) Z-537
MENT AND CONDITIONAL USE PERMIT ) Avonlea
PURSUANT TO THE CITY OF MCHENRY ) Reclassification/Conditional Use
ZONING ORDINANCE, MCHENRY COUNTY, )
ILLINOIS ) 3320 Bull Valley Rd
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Thursday,
October 18, 2001. Chairman Semrow called the Public Hearing to order at 9:50 p.m. with the
following persons in attendance:
1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Howell, Semrow,
Thacker. Absent: Lovett.
2. City Attorney: Kelly Cahill.
3. Recording Secretary: Absent.
4. City Planner: Douglas Martin.
5. Director of Community Development: Joseph Napolitano.
6. Applicants: Avonlea Cottages, P O Box 207, Spanish Fork, Utah 84660.
7. Attorney for Petitioners: None.
8. City CounciUStaff: Aldermen Bolger, Murgatroyd, Low.
9. Court Reporter: None.
10. Registered Observers/Objectors:
�- Todd Boutin, 601 Hilltop, McHenry IL 60050
Kathy Reese, 3303 West Bull Valley Road, McHenry IL 60050
Nora Brown, 602 S. Hilltop, McHenry IL 60050
Paul and Marcia Antens, 3321 Bull Valley Road, McHenry IL 60050
Richard Nicholls, 326 East Highway 81, Burley, Idaho 83318.
Tom Moore, 602 S. Broadway, McHenry IL 60050.
PUBLICATION
Notice of this Public Hearing was published in the Northwest Herald on October 3, 2001. A
Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed
to all property owners of record whose property abuts the subject property. An affidavit of
compliance with all notification requirements is on file in the Of�ice of the City Clerk.
LOCATION
The subject property is located at 3320 West Bull Valley Road.
SUMMARY
The Petitioners are requesting the following:
1. reclassification of the subject property from E Estate Zoning District to RM-1 Low
Density Multi-Family Residential District;
2. conditional use permit to allow a congregate care/assisted living facility.
� TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
■ Richard Nicholls, 326 East Highway 81, Burley, Idaho 83318.
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10/18/01
"�- Mr. Nicholls stated the Petitioners are seeking reclassification to RM-1 I.,o�,v Densit Multi-
Family Residential Zoning with a conditional use permit to allow a 7,500 square foot assisted
living facility.
Inquiry was made if the Petitioners were seeking the conditional use permit for the assisted
living facility located at 3320 Bull Valley Road onl . Mr,
property is the only matter before the Board this evening. He noteditwoel6�bed bu ldinus�are
proposed on this site. In response to further inquiry, Mr. Nicholls stated there would be gingle
occupancy per bedroom.
Mr. Nicholls noted very few married couples make application for occupancy in this type of
assisted living facility. There is no policy preventing married couples from sharing a room. There
is a total of eight employees onsite; however all are not present at any one time. Twenty-four
hour care is available with an eight to one ratio of residents per care giver.
As to the type of assistance provided. Mr. Nicholls indicated there are five types of daily living
assistance given. If inedical caze is required, the residents must seek outside help from medical
personnel. He noted this is a social model. The state has established assisted living to be between
independent living and nursing home caze. Clients aze assisted on a daily basis with:
1. toileting;
2. eating;
3. showering;
� 4. grooming;
5. medication minders.
Clients are required to be ambulatory. They may use a wheelchair and/or walker, but must be
able to self-transfer. Assisted living facilities do not attract those who are more independent and
active. Regarding room furnishings, clients aze encouraged to bring their own. However,
furnishings will be provided if the client chooses not to bring their own. They must bring their
own medications and clothing. If they choose to have a phone in their room, they also must
provide their own and would be responsible for payment of that monthly service. Ali other
utilities, includin�;cable television, are provided and included in the cost of the facility.
Mr. Nicholls stated it is 1.9 acres, which is far greater than needed for the facility. Noting the
residerrts would no longer drive vehicles, Mr. Nicholls stated the pazking would accommodate
visitors and staff. Approximately seven spaces for a 16-bed facility is the general average.
Traditionally, he would anticipate 12 cars per 24-hour period is the average in other similar
assisted living locations. In response to an inquiry, Mr. Nicholls stated the minimum age as
dictated by the state is 55. The average age at other facilities operated by Avonlea Cottages is 87.
Mr. Nicholls reported 32% of the popuiation over 75 has some type of disability. Cooking will
be done onsite with three meals provided each day. An onsite licensed dietician approves all
meals. If a person.�, diet is too restrictive, they would most likely not be permitted to reside in an
Assisted Living Facility. The state inspects these sites at least two times per year. Laundry
service is also provided onsite. The rooms aze leased on a month by month basis. If someone
� becomes ineligible to reside in the facility, due to their general health being beyond the permitted
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10/18/O 1
� level of caze, their lease is terminated and their fmancial responsibility ends immediatel . The
typical term of a resident is approximately two years. y
Mr. Nicholls stated Avonlea Cottages corporation is only three years old, and has constructed
seven or eight similar facilities, as of this time. An additional seven or eight are preliminaxily
being proposed in other areas. He noted it has been his experience that seven parking spaces for
the 16-bedroom facility should be more than adequate. Very seldom is ambulance needed, as
residents as a v��hole are basically not sickly.
The floor plan and architectural design rema.in constant throughout a11 of Avonlea Cottage
facilities. The floor plan in open, single-story in design. Discussion occurred regarding the
limited pazking. Concerns were e�ressed regarding parking shortage during the holiday,
Mother's Day, etc. When visiting residents, families may gather in the dinmg room, the craft
room or in the great room. Visiting hours aze not preset. The doors are locked at approximately 9
p.m.
The total area of the 16-bedroom facility is 7,500 square feet. Each bedroom is approximately
175 square feet, plus the bathroom and shower. In respor�se to further inquiry, Mr, Nicholls noted
the Petitioner would preserve as many of the established fully-grown trees as possible. The
number to be cut down would be as minimal as possible and still allow the structure to be
constructed onsite. The possibility of constructing a berm on the Bull Valley Road frontage was
discussed. The proposed setback is 49 feet from Bull Valley Road and 35 feet from Miller Road.
�
The ma.ximum density permitted by ordinance is 26 persons/acre in the RM-1 Multi-Family
Zoning District. Mr. Nicholls stated there is no anticipation of surpassing the allowable density.
The purchase of the subject property is contingent upon the zoning request being granted by the
City.
QUESTIONS BY OBSERVERS/OB JECTORS
Laura BrowrL 606 S Hillton• Ms. Brown asked if the Petitioners were aware the McHenry
Shores Subdivisic3n has no sidewalks. Mr. Nicholls responded the driveway and the portion of
the land that will be landscaped as parkland would be more than ample for residents to walk. Ms.
Brown asked if the Petitioners were aware that the average-sized home on Bull Valley Road is
1,000 square feet in this residential azea.
Paul Antens. 3321_Bull Vall� Road• Mr. Antens expressed concern that pmper notification was
not made prior to the Public Hearing. Mr. Antens inquired if there would be 24-hours per day
security lighting. Mr. Nicholls stated the exterior lighting would be similar to single family home
lighting. There is simply an outdoor light over the front door. If both residences are built there
would be a total of 14 parking spaces. Mr. Antens noted the City had established that multi-
family housing wc�uld be permitted north of Miller Road and single-family residences permitted
south of Miller Rc�ad. Mr. Nicholls noted the state specifies assisted living facilities should be as
residential in natw•e as possible.
Marcia Antens 3321 Bull Valley Road• Ms.Antens inquired if there would be access onto
� Miller Road or Bull Valley Road. Mr. Nicholls stated the City has restricted access to Miller
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� Road,therefore,the property would be accessed from Bull Valley Raad.
In response to additional inquiry, Mr. Nicholls stated this would not be a gated community.
Discussion followed regarding the security of the site and the potential for disoriented residents
leaving the building at unusual hours.
Typically a nurse will administer the facility as well as approximately three other Avonlea
facilities. There will be an onsite local administrator as well, who is required by State law to be a
registered nurse.
Todd Boutin_ 602 Hillton- He inquired as the dimension so the structure. Mr. Nicholls responsed
the building is approximately 100' in length and 90' in depth.
STATEMENTS BY OBSERVERS/OBJECTORS
Chairman Semrow read into the record the following notarized letter:
"To Whom It May Concern:
We live directl}� across the road from 3220 Bull Valley Road. We are out of town and cannot
attend the Public Hearing regarding construction of an assisted living facility at the said property.
We object to this. This is a residential area and we do not want the zoning changed for any type
of commercial use. We wish this area to remain quiet, nice residential area. We purchased our
� home in 1994 because it is such a nice quiet area. And we wish it to remain that way. We do not
wish to have the extra tr�c from the facility Staff, visitors and the odd ambulances in and out.
We have young grand children running in and out of our yard and fear for their safety. There is
plenty of commercial property available on Route 31 and also Route 120, both in McHenry. This
type of facility will decrease our property value.
/signed Diana Blau and William F. Blau".
Swearing in of Observers/Objectors by Chairman Semrow:
1. Todd Boutin. 601 Hilltop, McHenry IL 60050
2. Paul Antens, 3321 Bull Valley Road, McHenry IL 60050
3. Kathleen Reese, 3303 Bull Valley Road, McHenry IL 60050.
Todd Boutin: Being a homeowner in the area, Mr. Boutin stated he did not wish to see this
building constructed on this site. He stated the assisted living facility is a good idea for
McHenry, but not at the proposed location.
Paul Antens: Me. Antens stated the project is inconsistent with the existing neighborhood. His
neighborhood is ��ne of single family homes, not commercial property. T'he proposed project is a
home for people, but it is a multi-family residence. It is a commercial enterprise. This is not a
home. The residents in the area were led to expect this a.rea would be developed with single
family homes and not commercial enterprise. He noted the residents were promised multi-family
construction would occur across Miller Road, but south of Bull Valley Road would retain its
�'' single family character. The proposed project does not follow this plan. This project should be
located north of l�Ziller Road. This is not the right use for this particular property.
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10/18/Ol
�
Kathleen Reese_ Ms. Reese stated she has resided at this location since 1970, moved away from
Chicago, for the peace and quiet of McHenry's Idyl Dell Road Subdivision. The change with
Bull Valley Road turned into a 7,000 car a day by IDOT's calculation. When the bridge was
opened, Bull Valley Road became more of a tr�c jam. Residents in the area put up with the
heavy tr�c in front of our home for many years. Residents aze glad they have their residential
street back now tha.t Miller Road has been constructed. Ms. Reese has worked in nursing homes
and retirement homes in McHenry, Wisconsin and Crystal Lake. Nursing homes bring problems.
Service trucks will be delivering onsite. Staff will not go out to pick up groceries. A dietician
will be required to come in on a regular basis for persons having specific health needs. This
assisted living racility needs to be placed in the proper setting and not on a residentia.l street. The
residents need to have peace and quiet on their street. The assisted living facility should have
berms constructed, mature trees planted, and walkways installed for residents to utilize. This is
not the appropriate area for this type of construction. The people in the area have given enough
of their time and peace. I hope in the neaz future these type homes are constructed in the
appropriate setting for the use of all citizens in McHenry.
Inquiry was made regarding the often-mentioned promise tha.t property south of Miller Road
would remain residential in use. It was unclear when or who made such a promise. Discussion
occurred regarding the status of Bull Valley Road and the amount and types of tr�c currently
utilizing this roadway. In response to an inquiry, Staff indicated direct access onto Miller Road
by the project would not be feasible due to limited access onto Miller Road as specified by
� McHenry County.
CLOSING STATEMENT BY PETITIONERS
Mr. Nicholls stated he had no fuxther comment.
Chairman Semrow stated, "there being no further testimony before the Board with regard to this
Petition the Board will consider the Petition at this time unless there is a motion to recess by a
member of the Board. There being no motion to recess, the Cha.ir will entertain a motion with
regard to this matter".
DELIBERATION AND RECOMMENDATION
Motian by Howell, seconded by Cadotte,to recommend to the City Council that
The Petitioners request for reclassification of the subject property upon annexation to
RM-1 Low Density Multi-Family Residential District be granted; that a conditional use permit to
allow a congre�;ate care/assisted living facility on t�e premises be granted; that the following
conditions be placed upon the Petitioner with regard to the conditional use:
l. Due to the fact that the development will be senior-restricted, these units may only be
occupied by individuals which would comply with the provisions of the Housing for Older
Persons as set forth in the Federal Fair Housing Act, and consistent with the regulations of
the Illinois I)epartment of Public Health, including a "resident" as that term is defined in the
� Illinois Public Acts 91-656,HB427;
2. Revised site plan and landscape plan be submitted with all modifications suggested by Staff,
prior to City Council consideration;
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10/18/O1
�. 3. Tree survev by submitted prior to City Council consideration;
4. Vaziance application, requesting an additional principal building, be submitted for the
November 8, 2001 Zoning Board of Appeals Hearing;
5. If the applicant is desirous of placing any additional buildings on the subject property, the
conditiona] use permit will need to be amended;
6. A restricti��e covenant be recorded on the property stating tha.t the development will be
limited to seniors only. The language provided by Staff shall be utilized.
that Table 33, �he Approval Criteria for Map Amendments, Page 401 of the Zoning Ordinance,
has been met and that Table 31, the Approval Criteria for Conditional Uses, Pages 357-358, has
been met .
Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Semrow, Thacker,
Voting Nay: \Tone.
Not Voting: '�Tone.
Abstaining: None.
Absent: T.ovett.
Motion carried 6-0.
ADJOURNMENT
Motion by Ekstrom, seconded by Cadotte,to adjourn the Public Hearing at 11:40 p.m.
�
Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Semrow, Thacker,
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: I,ovett.
Motion carried 6-0.
tfully sub 'tted,
Hany Se ow, Chairman
Zoning Boazd of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Objectors (5), Plan Commission (7), Landmark Commission Chairman
Chicago Tribiine, Northwest Herald, Aldermen Conference Room, File Copy.
Z-537
`..