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HomeMy WebLinkAboutMinutes - 6/7/1999 - Zoning Board of Appeals ZONING BOARD OF APPEALS JUNE 7, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-470 WALTER J. TRUSZKOWSKI FOR A ) Truszkowski CONDITIONAL USE PERMIT ) 209 N. Front St. UNDER 1�HE PROVISIONS OF THE ZONING ) Conditional Use ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS Hearings on the above-captioned petition were held on May 3, 1999, and June 7, 1999. Chairman Semrow called the June 7, 1999 hearing to order at 7:38 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Paula Ekstrom, Jon Meyer, and Harry Semrow. Absent Darick Franzen and John Howell. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer � 4. City Planner: Phillip Maggio 5. Director of Community Development: Absent. 6. Petitioners: Walter J. Truszkowski, 213 North Front Street, McHenry, Illinois 60050. 7. Attorney for Petitioner: None. 8. City Council Members/Staff: Alderman Andy Glab, City Clerk Pamela Althoff. 9. Court Reporter: None. 10. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this Hearing was published in the Northwest Herald on May 15, 1999. A Certificate of Publication is on file in the Office of the City Clerk. Notices were mailed to all owners of record of abutting properties. The subject property was posted as required by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk. � Page 2 ZBA-Truszkowski 6/7/99 � LOCATION The subject property is located at 209 North Front Street, McHenry, Illinois and is zoned C-5 Highway Commercial. It is the former location of Just Ducky Rentals. SUMMARY The Petitioners are seeking a Conditional Use Permit to allow a restaurant serving alcoholic beverages. TESTIMONY Chairman Semrow stated a public hearing was held regarding this petition on May 3, 1999. At that time testimony was presented to the Board. Due to the failure to provide prior to the May 3, 1999 hearing, a second hearing date was set for today's date, June 7, 1999. Notice requirements have now been fulfilled. In response to an inquiry by Chairman Semrow, the Petitioner stated that all testimony previously given regarding the Petition stands as a matter of record. Chairman Semrow requested a motion to either recess this matter, or recommend action to the City Council with regard to the Petition before the Board. DELIBERATION AND RECOMMENDATION � Motion by Meyer, seconded by Cadotte, to recommend to the City Council that the Petitioner's request for a Conditional Use Permit to allow a restaurant serving alcoholic beverages be granted; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358, of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Ekstrom, Meyer, and Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Howell. Motion carried 4-0. ADIOURNMENT Chairman Semrow adjourned the hearing at 7:43 p.m. Respectfully submitted, --� � Harry Se ow, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, �-- Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File Copy. Z-470 ZONING BOARD OF APPEALS JUNE 7, 1999 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-472 WINDSOR DEVELOPMENT CORPORATION ) Windsor FOR MAP AMENDMENT, CONDITIONAL USE ) Village Green PERMIT AND VARIANCE, UNDER THE ) PROVISIC>NS OF THE ZONING ORDINANCE ) Busch-Knox MF OF THE CITY OF MCHENRY, MCHENRY ) COUNTY. ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on June 7, 1999. Chairman Semrow called the hearing to order at 7:44 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Paula Ekstrom, Jon Meyer, Harry Semrow. Absent: Darick Franzen, John Howell. 2. Attorney for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer `" 4. City Planner: Phillip Maggio 5. Director of Community Development: Absent. 6. Petitioners: Windsor Development Corporation, represented by Stanley Sumner and Alex )ansen, 1550 Todd Farm Drive, Elgin, Illinois 60123. 7. Attorney for Petitioner: Militello Zanck and Coen represented by Thomas Zanck, 40 Brink Street, Crystal Lake, Illinois 60014. 8. City Council Members/Staff: Alderman Andy Glab, City Clerk Pamela Althoff. 9. Court Reporter: None. 10. Registered Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on May 20, 1999. A Certificate of Publication is on file in the Office of the City Clerk. Notices were mailed to all owners of record of abutting properties. The subject property was posted as required by the Zoning Ordinance. \.- An Affidavit of Service is on file with the City Clerk. Page 2 ZBA-Windsor Village Green 6/7/99 � LOCATION The subjec:t property is a part of the Busch-Knox Annexation and is located approximately 1500 feet east of Green Street, north of Charles J. Miller Road. (the new Bull Valley Road arterial). It is comprised of 12.8 acres. SUMMARY The south portion of the property is currently zoned RM-1; the north portion is zoned RS-2. The Petitioners are seeking the following: ♦ Reclassification of the RS-2 portion to RM-1; ♦ A Conc�itional Use Permit to allow the construction and operation of a Group Home/Nursing Home type facility for a 90-unit Senior Citizen Townhome Development; ♦ A Vari�ince from the parking requirements to permit a total of 80 parking spaces. TESTIMONY Attorney Zanck asked Chairman Semrow to swear in the following Witness for the Petitioners: ♦ Stanley Sumner, Windsor Development Corporation; ♦ Alex Jansen, Windsor Development Corporation. Attorney Zanck asked Petitoner Sumner to describe the contents of the Petition for the Board. Sumner stated Windsor Devleopment is proposing an age-restricted townhome complex on the � southeast portion of the Busch-Knox Property. Residents would have to be at least 55 years of age. A total of 90 condominium units are proposed housing approximately 100 residents. He noted the average age would be about 83 years of age. Full amenities would be provided, including dining room, maid service, linen service, transportation, 24-hour emergency call, wellness program, social and recreational program, and small shops on site. Windsor is proposing a facility where the residents could age in place. Sumner stated the proposed location for the facility is on the north side of Charles). Miller Road, east of Green Street. A single building is being proposed which would face the west, toward the Municipal Center. Mr. Sumner noted most of the existing trees on the site would remain. The Common Area would include a private residential dining room, the regular dining room and a formal living room, as well as a small shop for the purchase of items the residents might need. The Common Area would be located in the core of the building. There would be a portico entrance. The residential units would be located on the wings. A three-story building is being proposed. Architecturally, it would fit with the residential surroundings. Mr. Sumner compared and contrasted the proposed facility with the Busch-Knox Annexation Agreement: � Page 3 ZBA-Windsor Village Green 6/7/99 �, Village Green Busch-Knox Annexation Agreement 100 residents 180-216 residents 154 daily vehicle trips 360 daily vehicle trips 45 vehicles 135 vehicles $325,000 real estate taxes/year $200,000 real estate taxes/year 40% land use coverage 100% land use coverage. The proposed density for the project is 90 units on 12.8 acres for a ratio of 7.03 units per acre. Sumner stated the Petitioners are requesting the following from the City: ♦ Reclassification of the RS-2 portion of the property to RM-1 so the entire parcel is zoned uniformly as RM-1; ♦ Variance to permit less than the required parking of 2.0-2.33 parking spaces per unit. The petitioners are proposing 80 parking spaces; ♦ Conditional Use Permit to allow an age-restricted independent living facility on the premises. If conditions warranted it at a later date, Sumner noted additional parking would be provided. QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD Semrow asked if McHenry Villa Independent Living Facility on Green Street is at capacity. Sumner responded he has been told by their Staff it regularly at or above 45% capacity. Semrow � asked with regard to the age restrictions, what is the anticipated rate of turnover. Sumner noted there will be turnovers; however, new residents would be required to meet the age restrictions (minimum of 55 years of age). In response to an inquiry, Sumner stated approximately 20% of the facility would be a common area. A condominium association would own the entire property, and the common area would be owned proportionately be each resident. Semrow asked how many parking garages are being proposed and would they be attached to the main building. Sumner stated there would be 30 parking garages which would be attached to principal structure. The final number of garages would depend on sales. Meyer asked for clarification with the proposed parking. Sumner said there would be 30 garages and 50 outdoor parking spaces for a total of 80 parking spaces. General discussion occurred regarding the use and sale of garages upon turnover of residential units. It was noted garages could be sold independent of the residential unit. Ekstrom inquired as to the availability of health care services when residents become less capable of caring for their own needs. Sumner stated Windsor is negotiating with health care facilities who would potentially provide health care to residents of the facility. It was pointed out health care could be provided at a reasonable cost due to the number of patients present at a single location. Health care providers could provide this service at a cost saving to their system. Cadotte asked if the health care service contract would be established by the management firm of the proposed facility or by Windsor Development. Sumner stated Windsor is currently looking � to establish a contract with a care provider. He noted residents could fire the manager of the condominium association as well as the management company. The residents are the property owners. Page 4 ZBA-Windsor Village Green 6/7/99 � Semrow asked if it is Windsor's intent to build the facility and hire a management company. Sumner st�ited following the completion of the project the management company would run the facility, hc>wever, the management firm would be answerable to the members of the condo associatior�. Windsor would not maintain any ownership in the property. General discussion occurred regarding the upkeep and maintenance costs of the building. These costs would be incorporated into the monthly condo fees assessed to each owner. In response to an inquiry, Sumner stated the approximate cost of the condo units would be $130,000 - $165,000. The garage would be extra. In addition, residents would pay a monthly fee to the association for common area taxes, upkeep, maintenance, management fees, etc. This fee would be in the range of $775/month. Semrow asked if the age restriction would be enforced whether the units are rented or owned. Sumner stated there would not be a requirement as to the owner of the condo unit actually being its resident. Therefore, the condo owner may not meet the minimum age requirements. However, the age restriction would apply to all who reside in these units. In response to an inquiry, Sumner stated cost participation in breakfast and dinner service is mandatory. This assists in keeping the food costs down and provides for social interaction as well. Attorney Zanck stated a proposed amendment to the Busch-Knox Annexation Agreement to allow � the reclassificaiton, conditional use and various would be presented to the City Council. He noted all Approval Criteria had been addressed in the Petition. CLOSING STATEMENT BY PETITIONERS Atttorney Zanck stated the Petitioner has provided the Board with an excellent presentation of his proposal. In conclusion, the Petitioners respectfully ask the Board to recommend to the City Council that the following be granted: ♦ Reclassification of the RS-2 portion of the property to RM-1 so the entire parcel is zoned uniformly as RM-1; ♦ Variance to permit less than the required parking of 2.0-2.33 parking spaces per unit. The petitioners are proposing 80 parking spaces; ♦ Conditional Use Permit to allow an age-restricted independent living facility of no more than 90 units on the premises. He noted 60% of the land on this site will be open space, dedicated as park land for the residents in perpetuity. Chairman Semrow stated, "there being no further testimony before this Board with regard to this Petition, the Board will consider this matter at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to the Petition." � Page 5 ZBA-Winclsor Village Green 6/7/99 � DELIBERATION AND RECOMMENDATION Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that the Petitioner's request for ♦ Reclas5ification of the RS-2 portion of the subject property to RM-1; ♦ A Conc�itional Use Permit to allow the construction and operation of a Group Home/Nursing Home type facility for a 90-unit Senior Citizen Townhome Development; ♦ A Vari��nce from the parking requirements to permit a total of 80 parking spaces. and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358, of the Zoning Ordinance, has been met; that Table 32, the Approval Criteria for Variances, pages 377- 378 of the Zoning Ordinance, has been met; that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, has been met. DISCUSSION ON THE MOTION Meyer suggested an amendment to the motion to state in the event there is a need for additional parking in the future, the Condominium Association would have to provide the additional parking as requested. Attorney McArdle stated future expanded parking spaces should be reserved in the Annexation Agreement and shown on the Site Plan accepted by Council. Maggio noted Staff requested the Petitioner indicate 113 spaces on the Site Plan. Should the need arise, the 33 additional parking � spaces could then be provided. It was the consensus of the Board to amend the motion to include this requirement. AMENDED MOTION Motion by Cadotte, seconded by Ekstrom, to recommend to the City Council that the Petitioner's request for ♦ Reclassification of the RS-2 portion of the subject property to RM-1; ♦ A Conditional Use Permit to allow the construction and operation of a Group Home/Nursing Home type facility for a 90-unit Senior Citizen Townhome Development; ♦ A Variance from the parking requirements to permit a total of 80 parking spaces, subject to the designation of 33 additional parking spaces on the Site Plan for future parking expansion, should the owners determine that the need arise; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358, of the Zoning Ordinance, has been met; that Table 32, the Approval Criteria for Variances, pages 377- 378 of the Zoning Ordinance, has been met; that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, has been met Voting Aye: Cadotte, Ekstrom, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. �- Absent: Franzen, Howell. Motion carried 4-0. Page 6 ZBA-Winc�sor Village Green 6/7/99 � AD OURNMENT Motion by Meyer, seconded by Ekstrom to adjourn the Hearing. Voting Aye: Cadotte, Ekstrom, Meyer, Semrow. Voting Nay: None. Not Votin,;: None. Abstainin€;: None. Absent: Franzen, Howell. Motion carried 4-0. The hearing adjourned at 8:58 p.m. ectfully sub itted, �— ��-��'�i�� Har y S row, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, The Sun, File � Copy. Z-472 �