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HomeMy WebLinkAboutMinutes - 04/13/2016 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes April 13, 2016 Chairman Strach called the April 13, 2016 special meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. No one signed in to speak during Public Input. Approval of Minutes Motion by Meyer, seconded by Bromley, to approve the March 23, 2016 regularly scheduled meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Public Hearing: McHenry Elementary School District #15 File No. Z-890 2120 Lincoln Road Conditional use permit to allow an assembly use (educational institution) and building alteration totaling approximately 3,760 square feet and any variances required to effectuate the aforementioned request at 2120 Lincoln Road (McHenry Middle School) Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-890, an application for a conditional use permit to allow an assembly use (educational institution) and building alteration totaling approximately 3,760 square feet and any variances required to effectuate the aforementioned request as submitted by McHenry Elementary School District #15 for the property located at 2120 Lincoln Road, McHenry, IL (MMS). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 29, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were Dr. Alan Hoffman, McHenry School District 15 Superintendent, 1011 N. Green St. McHenry, IL 60050 and Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148, who were sworn in by Chairman Strach. Mr. Hoffman provided a summary of the request before the Commission at this Hearing stating a conditional use permit is being requested to build a 3,760 sq. ft. building alteration at McHenry Middle School, basically turning a courtyard into a STEM lab for additional usable learning space. Planning and Zoning Commission April 13, 2016 Page 2 Director of Economic Development Martin provided a brief history of the five previous applications presented to the Commission for alterations at other schools, the most recent being Riverwood Elementary School which included a building addition and structural alteration-similar to the request at McHenry Middle School. The proposed structural alteration consists of 3,760 square feet. McHenry Middle School was annexed to the City of McHenry in 2001 and included an annexation agreement, however the agreement has expired and a conditional use was never obtained when the property was originally annexed. The City’s zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a conditional use permit obtain an additional conditional use permit. In this case a conditional use permit for an assembly use is required because one was not originally obtained; however, if one was obtained a conditional use permit would still be required due to the proposed structural alteration. A structural alteration of an existing open courtyard is proposed at the location which will permit the construction of a Science, Technology, Engineering and Math Laboratory (STEM Lab). Staff believes the structural alteration will not adversely impact neighboring properties or public safety and health. Director of Economic Development Martin stated Staff is recommending approval of a conditional use permit to allow an assembly use (educational institution) at 2120 W Lincoln Road with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016 and Staff finds the requirements of Table 31 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. There were no comments from the Commissioners. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:37 p.m. Commissioner Doherty inquired when construction would begin on this alteration. Mr. Strejc responded they hope to begin when school is out for the summer and will be on a strict timeline. Charlaine Tiffany, 4411 Home Avenue, McHenry, who was sworn in by Chairman Strach, asked if mobile classrooms will be removed and permanent structures put in their place. Dr. Hoffman replied at most of the schools that is what happened, however, this school does not have mobile classrooms to remove, it is just the alteration of what is now a courtyard and basically unusable space. Motion by Meyer seconded by Bromley, to recommend to the City Council with regard to File No. Z-890, approval of an application for a conditional use permit to allow an assembly use (educational institution) at 2120 W Lincoln Road with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016 and that the requirements of Table 31 of the zoning ordinance have been met. Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Planning and Zoning Commission April 13, 2016 Page 3 Abstaining: None. Absent: None. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-890 at 7:40 p.m. Public Hearing: Kim Keller c/o Laredo Hospitality File No. Z-891 4310-4400 Elm Street (Illinois Route 120) Variance from the Off-Street Parking and Loading Requirements for McHenry Market Place Shopping Center (4310-4400 Elm Street) Chairman Strach called the Public Hearing to order at 7:43 p.m. regarding File No Z-891, an application for a Variance from the Off-Street Parking and Loading Requirements for McHenry Market Place Shopping Center (4310-4400 Elm St.) as submitted by Kim Keller of Laredo Hospitality for the property located at 4400 Elm Street, Unit M, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 29, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance was Charity Johns, Laredo Hospitality, Partner and COO, 638 Glenview Ave., Highland Park, IL, who was sworn in by Chairman Strach. Ms. Johns provided a summary of the request before the Commission at this Hearing stating they are requesting a parking variance to open a Stella’s in McHenry Market Place Shopping Center. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the subject property is located at 4400 W Elm Street, approximately 10 acres, and is at the northwest corner of Oak/Industrial Drive and W Elm Street (Illinois Route 120), McHenry Market Place Shopping Center. The proposed business would occupy Unit M, which is in the portion of the building along the western property line directly north of Velasquez Alignment and south of the Coin Laundry. The applicant is seeking a variance from the off-street parking and loading requirements to allow a Stella’s Place Café in the McHenry Market Place Shopping Center (Angelo’s, Chase, etc.) They are proposing to utilize a 2,000 square foot unit (Unit M) on the west side of the lot. The unit was formerly occupied by a dry cleaning business but has been vacant for several years. The proposed restaurant requires 25 spaces/1,000 square feet of net floor area or a total of 43 parking spaces. Due to the 4 space/1,000 square foot shopping center parking requirement this unit was allocated seven spaces as part of the overall requirement for the center; therefore a 36 parking space variance is required. Stella’s currently operates another location at 1720 N Richmond Road in the McHenry Plaza Shopping Center. In 2012 the Planning and Zoning Commission recommended approval (5-2) of a conditional use permit to allow a tavern with video gaming terminals and a 10-space parking variance from off-street parking and loading requirements for this property located at 4400 W. Elm Street Unit M with the following conditions: Planning and Zoning Commission April 13, 2016 Page 4 1. A liquor license is for a service bar only with beer and wine only; 2. Customers must be 21 and over to enter the pub/cafe; and 3. The conditional use permit and parking variance are tied together; either both are approved or both are denied. At the January 21, 2013 City Council meeting the request was not approved. The request under consideration is for a parking variance only and does not include a conditional use permit for a tavern, as Stella’s Place is a restaurant, which is consistent with their current location in the McHenry Plaza Shopping Center. A restaurant requires more parking than a tavern (10 spaces/1,000 square feet of net floor area for a tavern) and a restaurant with no drive-thru requires 25 parking spaces/1,000 square feet of net floor area. A brief summary was given of the parking space requirement formula referencing Table 13. Director of Economic Development Martin stated as the shopping center sits today, a total of 610 parking spaces would be required by ordinance, but 421 parking spaces actually exist. A 32-space parking variance was granted for Chase Bank. The base parking requirement for a shopping center of this size, approximately 129,085 square feet, is 4 parking spaces/1,000 square feet of building floor area plus additional spaces for the three restaurant uses (Tacos El Norte, Little Caesars and Grand Buffet). The three restaurant uses in the center require 165 parking spaces. The original part of the current McHenry Market Place Shopping Center was constructed 40-50 years ago and the city’s current zoning ordinance was adopted by the City Council in 1986; therefore, the parking regulations have changed and evolved over the life of the center. The property was actually annexed to the City of McHenry in 1966. A parking variance of 21 spaces was granted in 1982 but at that time only 80,000 square feet of the 129,000 square feet actually existed. Staff believes the center has much more parking than is actually used on different days and different times mainly because it’s a center with a diversity of businesses and clientele, and peak hours vary from business to business. The approval criteria which must be satisfied for the variance request were presented. Staff is not concerned about the loss of parking and believes a number of factors over many years contributed to the development of this shopping center, which also impacted the amount of parking. The result is a hardship placed on the property owner who is attempting to attract businesses requiring more than 4 parking spaces/1,000 sf. of net floor area. Further the property owner did not cause the hardship and the unit has been vacant for several years. There is no room to expand the parking lot. Additionally, employee parking for the proposed unit is available immediately west of the building. An historical perspective depicting parking at McHenry Market Place was presented. The existing Stella’s location at 1720 N Richmond Road is located in a shopping center and also is adjacent to residential directly to the south and east. There have been no problems associated with this operation. Although the variance request is 36 spaces the proposed use does not generate a lot of traffic and typically there are only one to three employees on-site at any one time with people coming in at different times throughout the day to utilize the facility. Vasquez Alignment has parking to the south of their unit. The Coin Laundry, Grand Buffet, Aaron’s and Salvation Army Thrift Store are to the north of the unit in question. These uses draw people throughout the day and evening. The uses are complimentary to each other, in terms of being located in a shopping Planning and Zoning Commission April 13, 2016 Page 5 center, and many will close early evening. Staff believes the criteria in Table 32 have been satisfied and supports the requested parking variance. The City did receive a letter and petition from Charlaine Tiffany, 4411 Home Avenue, McHenry objecting to Stella’s being located in this shopping center. Director of Economic Development Martin read the letter into the record. Director of Economic Development Martin stated Staff is recommending approval of a 36 space parking variance from the off-street parking requirements at 4400 W Elm Street (McHenry Market Place Shopping Center), as amended, with the following conditions: 1. Commercial and recreational vehicles and/or trailers, as defined in the City’s zoning ordinance, are prohibited for being parked, placed, stored, maintained and/or located immediately adjacent to Elm Street and/or Oak Street right-of-way, such as but not limited to the Aaron’s Rent-A-Center truck, unless prior approval is sought and obtained from the City; 2. All dumpster enclosures in disrepair on the subject property, including but not limited to enclosure to the west of Unit M and enclosure to the north of Alexander’s Pawn Shop, shall be repaired or replaced within 60 days of City Council approval of the parking variance request; 3. If Stella’s ceases its business operation at the subject property the parking variance shall be null and void. Ceasing business operation shall be defined as permanent closure of the business for three consecutive months but shall not include an act of God which is the proximate cause attributable to the business ceasing operation. And Staff finds the requirements of Table 32 of the zoning ordinance for Variances has been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Bromley asked Mr. Martin if the stipulations added were intended for the shopping center owner or the tenant. Director of Economic Development Martin stated they are intended for the property owner/landlord. Ms. Johns stated the applicant agrees to expect the stipulations to be taken care of by the property owner/landlord before occupying the space. She has contacted the property owner/landlord and made it clear they are in agreement with these stipulations. Commissioner Doherty inquired if people will be able to see the gaming area through the glass front windows of the establishment. Ms. Johns stated they try to stage the gaming area to the rear and use a mid-century modern vibe where the gaming area would be separated from the storefront by bookcases to screen it from the street. The layout will be similar to their other location by Applebees but will have a new improved menu. Commissioner Bromley asked if any other establishments in the area have gaming facilities. Director of Economic Development Martin stated the Village Squire does. Chairman Strach clarified a parking variance is the only issue being addressed at this meeting. Commissioner Bromley inquired what forum residents have for addressing items other than parking. Chairman Strach replied anyone can have a chance to speak during public comment. Director of Economic Development Martin stated this issue will go before city council for the gaming and liquor license as well as the parking variance in the near future. Planning and Zoning Commission April 13, 2016 Page 6 Commissioner Sobotta asked for clarification on the capacity of the space/occupancy of the space. Director of Economic Development Martin stated he is unsure exactly without looking into it but the occupancy would be determined by building requirements and square footage. Discussion ensued regarding the occupancy of the Stella’s that is on the other side of town and parking. Ms. Johns stated their establishments might have as few as 2-8 people or as many as 8-15 people utilizing them at any one time. She further stated there are only five machines maximum allowed by law in each establishment. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Charlaine Tiffany asked for clarification as to the purpose of this hearing. Chairman Strach and Director of Economic Development Martin explained the purpose of the zoning hearing and explained the process. They further explained that gaming is licensed by state law and contains a requirement that alcohol is served on-site. Ms. Tiffany stated the concept of Stella’s sounds like a nice idea but she is speaking for herself and others who have signed the petition they just don’t think this is a good location in a family market place. She further stated they all believe there are plenty of video gaming establishments already in the city. Henry Stein, 2 West Goldfinch Ct., Hawthorn Woods, Il asked the Commissioners to delay the decision until he is able to videotape the parking lot to determine a more realistic number of parking spaces needed to support the occupancy at the establishment. Mr. Stein stated the landlord of the shopping center did not inform the tenants of the hearing or the reason it was being held. He believes parking is being under-estimated. Mr. Stein asked for clarification on the process in place for enforcing the conditions being placed on the variance. Director of Economic Development Martin explained the ordinance enforcement process and discussion ensued. Commissioner Bromley stated has never seen that parking lot anywhere near a full capacity. The parking capacity and timing of parking availability was discussed. Mr. Stein again asked the Commissioners if they would delay their decision for him to do further surveillance of the parking issues, especially since he and/or his business were not notified of the hearing through the landlord. Commissioner Strach and Director of Economic Development Martin stated it is not a requirement for landlords to notify tenants when posting public notice but certified the public notice sign was posted in the window of the space since March 29, 2016, which is within the public notice posting requirements. Commissioner Bromley informed Mr. Stein he will have time before the City Council meeting to do research and address public comment at that meeting. Chairman Strach closed the public comment portion of the hearing at 8:15 p.m. Commissioner Sobotta asked how many employees are usually on-site. Ms. Johns replied there is usually one at a time, or at the most two when the shift changes. Commissioner Thacker stated he agreed with Commissioner Bromley that there is not a parking issue in the shopping center. Discussion ensued regarding whether the owners of Stella’s might ask their employees to park farther away from the establishment to make spaces open for patrons, however the Commissioners did not feel it necessary to add a such a condition. Ms. Johns replied that would not be a problem and is a customary request at any of their establishments. Planning and Zoning Commission April 13, 2016 Page 7 Motion by Thacker, seconded by Sobotta, to recommend to the City Council with regard to File No. Z- 891, approval of an application for a 36 space parking variance from the off-street parking requirements at 4400 W Elm Street (McHenry Market Place Shopping Center), as amended, with the following conditions: 1. Commercial and recreational vehicles and/or trailers, as defined in the City’s zoning ordinance, are prohibited for being parked, placed, stored, maintained and/or located immediately adjacent to Elm Street and/or Oak Street right-of-way, such as but not limited to the Aaron’s Rent-A-Center truck, unless prior approval is sought and obtained from the City; 2. All dumpster enclosures in disrepair on the subject property, including but not limited to enclosure to the west of Unit M and enclosure to the north of Alexander’s Pawn Shop, shall be repaired or replaced within 60 days of City Council approval of the parking variance request; 3. If Stella’s ceases its business operation at the subject property the parking variance shall be null and void. Ceasing business operation shall be defined as permanent closure of the business for three consecutive months but shall not include an act of God which is the proximate cause attributable to the business ceasing operation And Staff finds the requirements of Table 32 of the zoning ordinance for Variances has been satisfied. Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-891 at 8:20p.m. The next Planning and Zoning meeting is scheduled for Wednesday, May 18, 2016. Adjournment Motion by Thacker, seconded by Doherty, to adjourn the special meeting at 8:20 p.m. Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. The meeting was adjourned at 8:20 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Administrative Assistant City of McHenry