Loading...
HomeMy WebLinkAboutMinutes - 11/19/2015 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes November 19, 2015 Vice Chairman Thacker called the November 19, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the absence of Chairman Strach. In attendance were the following: Doherty, Bromley, Meyer, Sobotta, and Thacker. Absent: Vallez, Strach. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Planning and Zoning Secretary Wolf. No one signed in to speak during Public Input. Approval of Minutes Motion by Meyer, seconded by Sobotta, to approve the August 27, 2015 regularly scheduled meeting minutes of the Planning and Zoning Commission Meeting as presented: Voting Aye: Doherty, Bromley, Meyer, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez, Strach. Motion carried 5-0. Resolution Establishing 2016 Commission Meeting Dates Motion by Bromley, seconded by Doherty, to pass a resolution establishing the 2016 Planning and Zoning Commission meeting schedule as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 20 Wednesday 17 Wednesday 23 Wednesday APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M. 20 Wednesday 18 Wednesday 22 Wednesday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 13 Wednesday 24 Wednesday 21 Wednesday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 19 Wednesday 16 Wednesday 15 Thursday Voting Aye: Doherty, Bromley, Meyer, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez, Strach. Motion carried 5-0. Planning and Zoning Commission November 19, 2015 Page 2 Public Hearing: Home of the Sparrow File No. Z-876 Ringwood Road, McHenry, IL Use Variance to allow a parking lot as a principal use and any other Variances required effectuating the aforementioned request Vice Chairman Thacker called the Public Hearing to order at 7:35 p.m. regarding File No Z- 876, an application for a use Variance to allow a parking lot as a principal use and any other variances required effectuating the aforementioned request on the subject property as submitted by Home of the Sparrow, for the property located on the east side of Ringwood Road, (Lot 29) of the Westshore Beach Subdivision McHenry, IL. Vice Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on November 3, 2015. 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 John Ponio, Orbis Construction Company, Inc., 4314-F Crystal Lake Road, McHenry, IL, and Debbie DeGraw, VP Marketing & Development, and Leslie Coen, VP Operations, Home of the Sparrow, 4209 W. Shamrock Ln., McHenry, IL who were sworn in by Vice Chairman Thacker. Ms. DeGraw provided a summary of the request before the Commission at this Hearing stating Home of the Sparrow is seeking a variance to put a parking lot in on the newly acquired Ringwood Road property next to their current facility. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating in 2008 the subject property was rezoned from C-1 Convenience Commercial to RS-3 Medium-High Density Single-Family Residential. Variances were also granted to allow for the construction of two homes with a shared driveway and a lot width variance. Since that time the property has remained vacant. Home of the Sparrow operates a facility on Ringwood Road, which is located in unincorporated McHenry County. Recently Home of the Sparrow completed an addition to their facility on Ringwood Road and was able to acquire the subject property, located within the City of McHenry, and the two lots north of the subject property and south of their facility. Due to their facility expansion, Home of the Sparrow would like to construct additional parking and physically tie all the properties together. Parking lots are only allowed by-right in residential zoning districts as accessory uses if the parking lot is accessory to a permitted use in the district. In this case all the adjacent lots are unincorporated, therefore a use variance is required to allow a parking lot as a principal use. The proposed parking lot satisfies all the criteria required for a use variance and it would be very difficult to develop the subject property without any additional land. Director of Economic Development Martin stated there are no additional access points onto Ringwood Road proposed, as the parking area proposed would be physically linked to the two vacant lots to the north and the existing building. There is an existing access north of the subject property off of Ringwood Road, and the property can also be Planning and Zoning Commission November 19, 2015 Page 3 accessed from W. West Shore Drive. The parking lot would be required to meet all applicable City ordinances, including but not limited to parking lot lighting, storm water, and screening. Director of Economic Development Martin stated Staff supports the request as presented and recommends approval of a use variance to allow a parking lot as a principal use on the subject property subject to conditions as presented, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Vice Chairman Thacker invited questions and/or comments from the Commission. Commissioner Bromley asked if there were accommodations made for storm water. Director of Economic Development Martin stated storm water was taken into consideration and they must have a storm water permit; however the plans don’t meet the minimum criteria needed to require detention. Commissioner Doherty stated it was his observation that additional parking was definitely needed. Mr. Ponio stated there will be about 20 additional parking spots provided. Vice Chairman Thacker opened the floor to questions and comments from the audience. Mr. Roger Smessaert, 5524 West Shore Dr., McHenry, was sworn in by Commissioner Thacker prior to addressing the Commission. Mr. Smessaert stated he resides next to the property and has no objection but rather is concerned about the maintenance of the landscape around the parking lot. His concern is that custodial care and maintenance is the first budget item cut in tough times and this property has gone from being vacant to being re-zoned and has had irregular maintenance. Since the city liened the property and had a contractor maintaining it, the lot has been very well-kept. He would like to see it continually maintained in this same manner by Home of the Sparrow. The drainage ditch is very difficult to maintain and he has a further concern that maintenance of the ditch is continued as well. Commissioner Meyer asked Mr. Smessaert if he has noticed any poor property maintenance at the present site of the Home of the Sparrow transitional housing facility. Mr. Smessaert stated it is hard to see from his property but he hasn’t really noticed any extreme irregular property maintenance there. Ms. Coen stated property maintenance falls under her job description and Home of the Sparrow contracts with a landscaping maintenance service that maintains the properties regularly. Home of the Sparrow intends to be respectful of their neighbors and to provide a nice environment for the residents as well. The parking lot is slated to be maintained, including mulching, etc. on a regular basis. Ms. DeGraw stated they have 700 volunteers in their organization and if funds were ever cut they would be able to have the property maintained by volunteers in order to continue to be good neighbors. Vice Chairman Thacker closed the public comment portion of the hearing at 7:50 p.m. Motion by Meyer, seconded by Bromley, to recommend to the City Council with regard to File No. Z- 876, an application for a use variance to allow a parking lot as a principal use on the subject property located on the east side of Ringwood Road, (Lot 29) of the Westshore Beach Subdivision in McHenry, IL, as presented by applicant Home of the Sparrow, subject to the following conditions: • No additional access points onto Ringwood Road from subject property are permitted; Planning and Zoning Commission November 19, 2015 Page 4 • Subject property shall be developed in substantial conformance with the site plan submitted as part of the application packet and comply with applicable City ordinances. be granted, and that Table 32(A), of the Zoning Ordinance, has been met. Voting Aye: Bromley, Doherty, Meyer, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez, Strach. Motion carried 5-0. Vice Chairman Thacker closed the Public Hearing regarding File No. Z-876 at 7:52 p.m. Public Hearing: Sunnyside Company-Chrysler Dodge Ram File No. Z-875 4807, 4808, 4810, 4811, 4815, and 4820 W. Elm Street Conditional use permit to allow an open sales lot as a principal use; Conditional use to allow motor vehicle and trailer repair; Variances from Article V. Commercial Districts; Article VII. Landscaping and Screening; Variances from the Subdivision Control and Development Ordinance relating to driveways and parking lots and any other variances required from the Zoning or Subdivision Control and Development Ordinance required to allow the use of the subject property for automobile and trailer sales and repair at the Subject Property, which is located at 4807, 4811 and 4815 W Elm Street (south side of Elm Street, also known as Illinois Route 120) and 4808, 4810 and 4820 W Elm Street (north side of Elm Street, also known as Illinois Route 120) on the Subject Property Vice Chairman Thacker called the Public Hearing to order at 7:55 p.m. regarding File No Z- 875, an application for a Conditional use permit to allow an open sales lot as a principal use; Conditional use to allow motor vehicle and trailer repair; Variances from Article V. Commercial Districts; Article VII. Landscaping and Screening; Variances from the Subdivision Control and Development Ordinance relating to driveways and parking lots and any other variances required from the Zoning or Subdivision Control and Development Ordinance required to allow the use of the subject property for automobile and trailer sales and repair at the Subject Property, as submitted by Sunnyside Company-Chrysler Dodge Ram for properties located at 4807, 4811 and 4815 W Elm Street (south side of Elm Street, also known as Illinois Route 120) and 4808, 4810 and 4820 W Elm Street (north side of Elm Street, also known as Illinois Route 120). Vice Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on November 1, 2015. 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 Brian Larie and Bob Diedrich, Sunnyside Chrysler Dodge Ram, 4810 W Elm St., McHenry, IL 60050; Don Tonyan, General Contractor, 1400 S. Route 31, McHenry, IL; and Joseph Ptak, Architect, 5307 Business Parkway #101, Ringwood, IL 60072, who were sworn in by Vice Chairman Thacker. Planning and Zoning Commission November 19, 2015 Page 5 Mr. Tonyan provided a summary of the request before the Commission at this Hearing stating the applicant would like to build an addition on their current building in order to bring the front of the building up to Jeep franchise standards as well as bring the property up to current zoning requirements. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the applicant currently operates a successful new and used car sales and repair business on West Elm Street, on the north and south sides of Elm. Auto repair is only conducted on the north side of Elm Street and sales are conducted on the north and south sides of Elm Street. The applicant is seeking a conditional use permit to display vehicles and trailers outside for sale and variances to facilitate a building expansion on the north side of Elm Street only, to accommodate a Jeep Franchise, as well as a conditional use permit to display vehicles and trailers outside for sale on the south side of Elm Street. There are no substantive changes proposed on the south side of Elm Street. The proposed building addition (approximately 86’ X 45’ (3,870 square feet)) would be to the east side of the existing building on the north side of Elm Street. The addition would be approximately 17 feet from the eastern property line and align with the existing building on the other three sides. The subject property, north and south sides of Elm Street, lies within the West Route 120 Corridor Enhancement Initiative Area, which is bounded by Meadow Lane on the east and Ringwood Road on the west, and Sunnyside has been contemplating this expansion on the north side of Elm Street for several years. The building expansion would allow them to acquire the Jeep Franchise and enhance an area of Route 120 which has been struggling for many years. There are no changes proposed to the existing sales operation on the south side of Elm Street. As part of the expansion north of Elm, Staff recommended the applicant obtain a conditional use permit to allow an open sales lot as a principal use on the south side of Elm (three lots) as well as on the north side of Elm (eight lots). A conditional use permit to allow motor vehicle and trailer repair is also being requested for the eight lots on the north side of Elm Street only. These operations have existed for decades on the north and south sides of Elm Street, however a conditional use permit was never obtained and now that an expansion is occurring, on the north side, staff recommended, and Sunnyside concurred, both sides of Elm Street should come into compliance with current zoning standards. Sunnyside acquired and razed the former Sloppy T’s building a few years ago anticipating this expansion. The approval criteria for conditional uses were discussed. Staff is extremely supportive of the proposed expansion and believes it will not have adverse or deleterious impacts on abutting properties. Staff has included in the recommendation landscape improvements on both sides of Elm and a condition to ensure lighting and glare is minimized to abutting residential on both sides of Elm Street. Variances from the zoning ordinance are also required for the property on the north side of Elm Street including: front yard building setback variance, variance from the fountain base planting and residential screening strip requirements. Commercial Avenue abuts the subject property on the north and Elm Street on the south; therefore the lots on the north side of Elm Street are considered double-frontage or through lots, meaning they are interior lots with frontage on multiple roadways. The building setback on the north side abutting Planning and Zoning Commission November 19, 2015 Page 6 Commercial Avenue does not comply with the required minimum building setback in the C-5 zoning district, therefore a 24 foot front yard building setback is required. The interior side yard building setbacks are required to be a minimum of 10 feet which they are currently and will remain compliant following the completion of the building addition, and the front yard building setback abutting Elm Street is approximately 31-32 feet and the requirement in the C-5 district is a minimum of 30 feet. Due to the addition being constructed on the north side of Elm Street two variances are needed. The first is from the required 15-foot residential screening strip requirement and the second is from the foundation base planting requirements. Although by zoning definition a through lot has two front lot lines and two front yards and this 15-foot requirement is for side and rear yards, Staff is recommending the variance. Foundation base plantings are required because of the expansion, however, due to this being a building addition it does not make sense to require the plantings. The existing building was constructed prior to this ordinance being in place and there are significant space constraints. The approval criteria for variances, which deal with space constraints, topography and other items associated with the physical aspects of the property, were discussed. There are two primary challenges on the north side of Elm Street: limited space and the lots have frontage on two public roadways and these two constraints significantly limit what can be accomplished. Adding a 15-foot landscape buffer to the north and foundation plantings around the building is not physically possible. It is certainly unique to have a dealership of this size on multiple “City lots” although it is not unique to have the dealership along a state highway. The variances make it possible to accommodate both. Variances from the Subdivision Control and Development Ordinance are required to allow three curb cuts on the north side of Elm Street. Two driveways are permitted, however three are existing. Additionally, a variance is required to allow the westernmost driveway on the north side of Elm to exceed 36 feet width. The applicant will be paving the entire area west of the building on the north side of Elm. The area to the east of the proposed building expansion will remain washed/crushed rock, however, this cannot and is not proposed to be expanded. Director of Economic Development Martin Staff is recommending two votes. The first vote for approval of a Conditional Use Permit to allow an Open Sales Lot as a Principal Use on the Subject Property, north and south of Elm Street, and Approval of a Conditional Use Permit to allow Motor Vehicle and Trailer Repair on the Subject Property, north side of Elm Street only subject to all conditions as presented; and upon compliance with all conditions listed, Staff finds all criteria in Table 31 of the zoning ordinance have been satisfied. The second vote recommended is for approval of Variances from Article V. Commercial Districts Table 6: Commercial District Requirements on the Subject Property to allow a required front yard of 6 feet on the north side of Elm Street and abutting Commercial Avenue, and Variances from Article VIII. Landscaping and Screening on the Subject Property, to eliminate the requirement for fountain base plantings on the north side of Elm Street and residential screening strip requirement on the north side of Elm Street abutting Commercial Avenue and residential to the north subject to conditions as presented, Planning and Zoning Commission November 19, 2015 Page 7 and Variances for allowing three curb cuts and a maximum driveway width on the North side of Elm Street, and upon compliance with all conditions listed, Staff finds all criteria in Table 32 of the zoning ordinance have been satisfied. Vice Chairman Thacker invited questions and/or comments from the Commission. Commissioner Doherty inquired if the addition will be a sales area or service bays. Mr. Tonyan responded the addition will basically be service bays. Vice Chairman Thacker asked if lighting improvements will be made. Mr. Diedrich stated they will look into the lighting standards on the property to the south but their plans are mostly concerned with the lighting on the north side. Mr. Tonyan stated they will be using LED down lighting which will conform with all current city ordinances. Vice Chairman Thacker inquired if there have been any complaints about the lighting currently on the property on the south side of Elm St. Mr. Diedrich stated he has never received any complaints until recently when a resident contacted Mr. Martin. The resident asked for the lighting on the south to be modified by adjusting the standard and asked about the safety of an open drainage area also on the property to the south of Elm and the possibility of a fence for safety. The City responded to that concern stating the drainage area is open but sealed and there really was no safety concern. The resident stated he had no major issue or complaint but rather just wanted to be sure his concerns were looked into by the City. Mr. Diedrich also stated the same resident asked for the lights on the south side to be shut down earlier than 1:00 a.m. and was assured it would be addressed. Commissioner Doherty asked how many more cars can be shown outside with the new expansion. Mr. Diedrich stated they can showcase more cars and possibly will add 50 cars with the Jeep franchise. Jeep requires inside display of vehicles as well. Vice Chairman Thacker asked when they anticipate completing the project. Mr. Tonyan stated the project is being done in phases but depending on the weather should be completed by next fall. The building addition will be done first and then will be followed by the remodel. The dealership will remain open during the project. Vice Chairman Thacker opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Vice Chairman Thacker closed the public comment portion of the hearing at 8:10 p.m. Motion by Bromley, seconded by Doherty, to recommend to the City Council with regard to File No. Z- 875, approval of a Conditional Use Permit to allow an Open Sales Lot as a Principal Use on the Subject Property, north and south of Elm Street; And Approval of a Conditional Use Permit to allow Motor Vehicle and Trailer Repair on the Subject Property, north side of Elm Street only with the following conditions: 1. Outdoor display of leaking vehicles is prohibited; 2. Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited; 3. All repair work shall be conducted within the building (north side of Elm); Planning and Zoning Commission November 19, 2015 Page 8 4. Vehicles for sale should not impede access or circulation and cannot occupy required customer or employee parking spaces. 5. Vehicles shall be not loaded or unloaded within the Commercial or Elm Street rights-of-way. 6. Approval from IDOT shall be secured prior to the applicant receiving a certificate of occupancy. 7. Parking/striping should generally be delineated in the locations depicted on the site plan attached. 8. Vehicles displayed north and south of Elm, shall not impede site lines or protrude into the right- of-way. 9. Employee parking shall generally be to the west and north of the building as delineated on the site plan (north side of Elm Street). 10. Light trespass to the north from the portion of the subject property north of Elm and south from the portion of the subject property located south of Elm Street shall be prohibited and any after- hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot away from Lakeland Shores Subdivision on the south side of Elm and Lakeland Park Subdivision on the north side of Elm Street. Glare from the lighting should be minimized to the greatest extent practical, and the use of the full cut-off fixtures shall be required. 11. Outdoor storage is prohibited north and south of Elm Street. 12. Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles. 13. Vehicles displayed shall be kept in an orderly manner. 14. Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is prohibited. 15. There shall be no outdoor music or entertainment of any kind without the applicant applying for a temporary use permit. 16. Lot west of the building on the north side of Elm shall be paved. As presented by the applicant, be granted, and that upon compliance with all conditions listed, Staff finds all criteria in Table 31 of the zoning ordinance have been satisfied. Voting Aye: Bromley, Doherty, Meyer, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez, Strach. Motion carried 5-0; and Motion by Sobotta, seconded by Meyer, to recommend to the City Council with regard to File No. Z-875, Approval of Variances from Article V. Commercial Districts Table 6: Commercial District Requirements on the Subject Property to allow a required front yard of 6 feet on the north side of Elm Street and abutting Commercial Avenue; And Variances from Article VIII. Landscaping and Screening on the Subject Property, to eliminate the requirement for fountain base plantings on the north side of Elm Street and residential screening strip requirement on the north side of Elm Street abutting Commercial Avenue and residential to the north with the following conditions: Planning and Zoning Commission November 19, 2015 Page 9 1. A hedgerow of low-growing shrubs shall be placed adjacent to the parking areas on the north and south sides of Elm Street to screen headlights from shining onto Elm Street. 2. Building addition shall be in substantial conformance with floor plan and elevation submitted as part of public hearing application packet. 3. All new lighting standards and any other improvements not specifically addressed herein on the Subject Property, north and south of Elm Street, shall comply with all applicable City ordinances; And Variances from the Subdivision Control and Development Ordinance for allowing three curb cuts and a maximum driveway width on the North side of Elm Street, as presented by the applicant, be granted, and that upon compliance with all conditions listed, Staff finds all criteria in Table 32 of the zoning ordinance have been satisfied. Voting Aye: Bromley, Doherty, Meyer, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez, Strach. Motion carried 5-0. Vice Chairman Thacker closed the Public Hearing regarding File No. Z-875 at 8:15 p.m. Staff Report The next Planning and Zoning meeting is scheduled for Wednesday, December 16, 2015. There are three applications pending on the agenda and the possibility of one additional application being submitted. Adjournment Motion by Sobotta, seconded by Doherty, to adjourn the meeting at 8:20 p.m. Voting Aye: Bromley, Doherty, Meyer, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez, Strach. Motion carried 5-0. The meeting was adjourned at 8:20 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry