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HomeMy WebLinkAboutMinutes - 07/25/2013 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes July 25, 2013 Chairman Strach called the July 25, 2013 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Doherty, Nadeau, Sobotta, Strach, and Thacker. Absent: Morck. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolfe. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission Meeting as presented: June 13, 2013 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Public Hearing: Transitional Living Services File No. Z-816 2008 and 2004 Ridge Road Use Variance and Other Variances Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No Z-816 an application for a use variance to allow the construction of three eight-unit apartment buildings; variance to allow multiple principal buildings on one zoning lot; and any other variances required to build the project in substantial conformance with the site plan as submitted by Transitional Living Services, Inc. a/k/a TLS Veterans, for the property located at 2004 and 2008 Ridge Road, the southeast corner of Ridge Road and Illinois Route 120. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on July 8, 2013. 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 Attorney Mark Saladin, 40 Brink St., Crystal Lake, IL, TLS Board Member; Allen Belcher, Executive Director of TLS, 2810 Boerderij Way, Woodstock; John Swierk, Project Architect, 3321 S. Route 31, Prairie Grove, IL; and Architect Dan McGrath, 1911 Rohlwing Rd., Rolling Meadows, IL, TLS Board Member, representing Transitional Living Services, Inc., who were sworn in by Chairman Strach. Mr. Saladin provided a summary of the request before the Commission at this Hearing beginning with an overview of the proposal and a history on the proposed property. The property was annexed into the City limits on July 1, 2013, and is currently zoned an estate district. The property is currently owned by the trustees of the Ostand Acres Trust. Mr. Saladin explained Betty Jane Alderson established the Ostand Acres Trust originally indicating the property would be used for the benefit of St. Paul’s Episcopal Planning and Zoning Commission July 25, 2013 Page 2 Parish in 1998 exclusively for the benefit of people with Aids. Eighteen months ago the property transitioned into use as rental property to TLS for housing veterans. Mr. Belcher stated TLS is a not-for-profit whose mission is to provide services and housing to veterans, active military and their families. They operate a transitional housing facility in a hotel building they rehabbed in Hebron called New Horizons and run several other programs including a veteran’s resource center in McHenry, satellite offices in 3 VA hospitals in the Chicagoland area. The people utilizing transitional housing currently are given a maximum of two years housing, are carefully screened, and are required to find jobs and abide by specific rules. They always working toward full-time employment and getting ready to transition into regular community life. They are often lower income and do not make enough to pay full rental rates in today’s economy. Tenants will be men and women who graduate from the Hebron transitional housing units as well as other veterans in our community. They will obtain a one-year renewable lease for permanent housing. Mr. Belcher further stated the new facility will be named Bett’s Place. TLS will own, operate, and provide case management on a regular basis. Clinical and medical services needed are all linked together along with mental health and substance abuse services in TLS offices operating on Elm Street. A Food pantry and mobile food truck would be eligible for participants in the new housing facility as well. Offices will also be maintained on the subject property. Mr. Swierk explained the site plan which depicts 3 buildings each with 4 units on the first floor and 4 units on the second floor. There is also a garage for maintenance and tool storage. The buildings are proposed to be about 90’ off center line of Route 120 and 300’ off Ridge Rd. There is a detention pond that will handle the stormwater for the project with a release going toward Ridge Rd. The septic field is to the south of the detention pond and will all be designed to meet the requirements of the McHenry County Health Department. A large portion of the property is pretty heavily wooded in trees and will remain that way. The Route 120 driveway cut will be removed. Each first floor unit will be wheelchair accessible. Building exteriors will be all very low maintenance materials and units will have dividing walls between then with upstairs units basically having a private stairway and small balcony for each one. All construction will meet all current building and energy codes. Attorney Saladin explained the zoning on properties surrounding the proposed project. TLS believes there is a need for this type of housing in McHenry County and Mr. Belcher can testify to the need of placement of veterans in permanent housing. The current comprehensive land designation for the property is low density residential but given the restrictions of the trust owning the property through the church, they are limited as to how the property can be used. This project clearly meets two aspects of the comprehensive plan identified in the Staff report for providing services in affordable housing and charitable needs relative to the community. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating that Transitional Living Services (TLS) is seeking to develop the property at the southeast corner of Ridge Road and Illinois Route 120 with permanent affordable housing for veterans due to a policy shift by the federal government switching housing funding options for veterans from transitional housing to permanent affordable housing. The property proposed was recently annexed into the City of McHenry on July 1, 2013. TLS is proposing to raze the two existing homes, garage and shed on-site and making several site improvements including 24 efficiency dwelling units in (3) eight-unit two-story Planning and Zoning Commission July 25, 2013 Page 3 apartment-style buildings. The only access to the site will be from Ridge road and on-site detention will be provided. Deputy City Administrator Martin further stated the subject property is currently zoned E Estate District which requires a minimum lot size of one acre. A use variance is required to allow the multi-family housing use on the property with the attached office on one unit and storage space attached to another unit and a variance is also required to allow multiple principal buildings on one lot. The comprehensive plan designates the subject property as low-density residential. The plan defines low-density residential as one to four dwelling units/gross acre. The subject property is approximately 5.4 acre s; therefore the proposed project would have a density of 4.4 dwelling units per acre. Staff believes the proposed development clearly supports needs stated in the City’s economic development plan and comprehensive plan for affordable housing policy goals and will fulfill a major need for the community providing affordable housing for veterans. There are some practical difficulties and physical challenges in developing the subject property. These challenges can be addressed; however, due to some of the other building constraints related to the physical property development, staff does not believe a traditional or large lot subdivision of the entire 5.4 acres would be the most practical use of the subject property. With the housing market still recovering, staff believes developing a one acre lot or several one-acre lots at this time is not practical and would not generate a reasonable return. A more compact development, such as the one proposed, would be more appropriate – restricting building, detention and septic systems to certain areas on the property. All of the issues related to the property are not the result of any applicant action and would result in an unnecessary hardship on the applicant if required to adhere to the strict provisions of the estate district zoning classification the property currently holds. The Natural Resources Report cites the potential for aquifer contamination in addition to pockets of soil which would limit the construction of basements, erosion, sedimentation control, etc. which will all have to be addressed during the permit process if the development is approved. Staff believes the affordable housing project will not adversely impact adjacent properties in any way and is extremely vegetated which provides a strong screen on all sides to abutting properties and supports the use variance and variance request, as presented. Deputy City Administrator Martin read into the record a letter of support received from Joseph Kiersten, Chairman of the Veteran’s Assistance Commission of McHenry County, dated July 24, 2013. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker asked Mr. Belcher if he stated TLS serves veterans and their families as well as active military. Mr. Belcher responded that active military might include those in the Reserves or the National Guard. Mr. Belcher stated some National Guard troops deployed in the past are presently unemployed and might potentially be eligible for this type of housing. Commissioner Doherty asked John Swierk if the strong tree line barrier on route 120 and Ridge Road will remain in place. Mr. Swierk responded that tree line will remain but scrub will be removed and the area will be cleaned up a bit. There will be no construction within 30-40 feet of the property line proposed. Commissioner Thacker inquired how many wells are servicing the property now and whether they might be adequate for this development. John Swierk responded he is unsure how many wells are on the property now but they are proposing to have one new well for the new development and all of the Planning and Zoning Commission July 25, 2013 Page 4 buildings will be fire sprinkled. There will then be a holding tank of water with a pump to service the sprinkler system. Commissioner Doherty inquired if there is government funding available for this project that might be removed as has happened with some projects in the past. Mr. Belcher responded there is some government funding going into this for the construction end. Their intention is to make application for funding in September when some funds become available. The goal is to get as much funding as possible up front. They will not allow construction of buildings like this unless you have a significant amount of funding up front to reduce the costs. Mr. Belcher stated they also have a commitment from a local bank consortium for a mortgage on the property. Attorney Saladin stated the property will remain in the name of the church. TLS will have a long term ground lease with the church to allow this use. Commissioner Sobotta asked Mr. Swierk to explain the detention pond. Mr. Swierk explained the detention pond is proposed as a dry pond. Water will only be in it if there is a large rain event. The pond will store water and will release it offsite to Ridge Road. Commissioner Sobotta inquired if road water will go into the detention pond. Mr. Swierk responded road water will be routed away from the site and detention pond. Commissioner Sobotta inquired if there was any sensitivity to aquifer contamination potential. Mr. Swierk responded that will be addressed in final engineering with the County. Mr. Sobotta asked if any thought had been given to property lines being taken in the case of possible future widening of Route 120. Mr. Swierk stated the site plan already shows property being given for any future expansion along Route 120. 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: Michael Friske, 2003 Black Oak Dr., McHenry stated he lives about 180’ from the proposed development and he was not notified of the hearing until recently by another neighbor and feels unprepared. His family is a Blue Star banner family and understands the challenges veterans face. Mr. Friske stated he feels there are a lot of problems with this property being developed with 24 apartments in an already very congested area, including the fact there is not much of a barrier line of trees across from his subdivision and the potential for septic and well contamination and water quality from the wells. Mr. Friske asked why they would want to build this development so far away from health services and in an area with an inconsistent bus route. Mr. Friske does not believe a development with this many apartments is the right use for the property, especially given the fact the residents who will use it have other specific needs that will need to be addressed. Diana Friske, 2003 Black Oak Dr., McHenry stated the intersection on 120 and Ridge Rd. is an extremely busy intersection and last year there was a fatality at the intersection. Mrs. Friske is concerned about increased traffic and having any additional driveways in the area. Mrs. Friske thanked veterans for their service to our country. Planning and Zoning Commission July 25, 2013 Page 5 Donald Curfman, 2208 Delore, McHenry stated he is the Student Veteran Advisor at MCC. Mr. Curfman noted he has seen many veterans come out of the transitional living in Hebron and most need just a bit more structure to move forward. This development is really needed in this area. Many military are coming home from Afghanistan and need services in their local communities. There will be 70 veterans starting classes this fall and that will put a stretch on the services available locally. TLS is a great organization to work with. The Food bank and pantry they run are necessary to these veterans when they come home as well as affordable housing. Mr. Curfman has had students come through his program at MCC and they are disciplined and top notch students who become productive members of society. Tom Morrissey, Sergeant Major, retired, 144 Ridgewood Dr., Woodstock stated he is a disabled veteran and a productive member of the community. Mr. Morrissey reassured the commission that veterans in need of services are not necessarily PTSD, TBI, or drug and alcohol ridden and that perception needs to be broken. He stated there is a great need for a project such as this in the community. Mike Heyl, 5102 W. Westshore Dr., McHenry stated he is a Viet Nam veteran himself and there is a big need for veterans coming back today, most of which are family men, to get more support than what was available for him when he returned home. He has family members who are active military that would benefit from these services. William Richards, 809 N. Lillian St., McHenry stated he is a member of the PLAV, American Legion, and the VFW and represents all members being in full support of this project. Jeff Schwartz, 2101 Bull Ridge Dr., McHenry stated this sounds like a great project but there has been no discussion of the high number of veterans that resort to violence and suicide, etc. With 24 apartments there is the potential for 48 people using well and septic. The tree line on Ridge Rd. is not very deep and the Township recently cleared brush and trees along opposite side of Ridge Rd. from this property and they cleared to about 30’ into Mr. Schwartz’s yard and cut everything down including about 10 large trees. If that type of clearing is done on this property there won’t be much of a barrier left. Mr. Schwartz is concerned about who could rent these units citing possible rental discrimination laws and believes it would be irresponsible from a community planning standpoint to approve this project. Thomas Lanhdon, 1801 Black Oak Dr., McHenry stated he is not opposed to housing veterans but he is opposed to the current proposal as it is being presented. David Graue, 2004 Bull Ridge Dr., McHenry stated he did not have fair warning only receiving a notice from somebody which was put in his mailbox last week. Mr. Graue is concerned about the well since many neighboring homeowners already had to re-drill wells recently due to weather events and the impact a project of this size will have on their wells. He is also concerned that the church could sell the property in the future and use it for another purpose. Barb Schuerr, 7318 W. IL Rt. 120 stated she lives across the street from this property. Mr. Schuerr asked how this project fits in with the comprehensive plan for the property and if any research has been done on how it might affect the nearby properties. Mrs. Schuerr owns a 27 acre farmette on Rt. 120 extending all the way to Wonder Lake Rd. She is looking into selling some of that property and is concerned how this project will affect the value of her property. Mrs. Schuerr also asked what the timeframe is for the startup of this project and whether the homes presently there will be demolished. Planning and Zoning Commission July 25, 2013 Page 6 Attorney Saladin responded that the homes presently on the proposed property will be demolished. Deputy City Administrator Martin also responded that the comprehensive plan for the property designates low density residential which is 1-4 units per acre. The proposed density is within the limits of the plan. Attorney Saladin further responded TLS is hoping to break ground within the year. Amanda Geyer, 512 W. Greenbrier, McHenry stated she fully supports this proposal. Ms. Geyer added the economy is the worst it has ever been. Her husband just lost his job and they and others are struggling to live just comfortably, not excessively, and provide food for their families on a daily basis. In these times especially, services and support are greatly needed in this community. Sam Everly, 1807 Black Oak Drive, McHenry stated neighboring residents are not arguing the need for this type of service and building in the community. He further stated they are worried that the amount of people and buildings in the size of the space for this location will create a negative difference on the surrounding neighborhood and put too large a strain on the wells and septics. Ziggy Wierzba, 2009 Bull Ridge Dr., McHenry stated Ridge Rd. and Route 120 is a very busy intersection and it is hard to enter and exit their subdivision now onto Ridge Rd. He just believes this development will cause too much additional traffic and be too dangerous at this location. Ray Truelson, 1911 Bull Ridge Dr., McHenry expressed his thanks to all the veterans and military doing service now. He has been in the building business and served as the Lake County Home Builders Association wells and septic tech for 10 years. Mr. Truelson finds this density on this piece of property with well and septic just does not seem feasible. The traffic added is also going to be too extensive and there are other properties more suited to this use. Mark Gray, 1815 Bull Ridge Dr., McHenry stated this is a low density area and this proposes a development with too high a density for the area. He is concerned about water running off onto Ridge Rd. and freezing in winter causing accidents. We would support this development on the proper piece of land, but this piece of land does not fit the project. There will be too many units on too small a piece of property and one well for 24 units does not make sense. We have a concern with the water runoff from the detention pond that our road will flood with another rain like we had recently. Joseph Perez, 1909 Black Oak Dr., McHenry stated it was mentioned the land was left from a trust and the trust seems very specific. Mr. Perez further stated he has not heard anything in this proposed plan that meets the need of the trust. He is concerned for what will happen in the future to maintain the property and the fact that issue has not been addressed Mr. Perez stated his son is a veteran and he is a 28-year public servant himself. He has additional concerns regarding the water and aquifer contamination. He believes the developer is just trying to make the project work on this particular piece of property because it’s easy since they already have the property. He opined this is not really a minor variance situation but that the project is asking for a change from very low density to very high density. Mr. Perez also stated his concern for the entrance to the subdivision being only 150’ from the extremely dangerous intersection of Ridge Rd. and Route 120. He inquired if a traffic impact study has been done regarding the safety of the entrance and the intersection. Attorney Saladin asked to address items brought up in public comment stating he appreciates the input from neighbors. Mr. Saladin stated they put together a project that services the mission of TLS but is also good for the neighboring community. In addressing concerns for septic and stormwater Planning and Zoning Commission July 25, 2013 Page 7 requirements, Mr. Saladin stated all engineering and building issues must meet the vigorous ordinance requirements in place by the County Health Department as well as the City of McHenry. He reminded the Commissioners the use variance can have conditions applied to it and their compliance with those ordinance requirements is one of the conditions they have to meet. TLS does not feel there will be any issues related to septic, well, or stormwater management. The project must be engineered to meet the high standards in place by the City and County. Mr. Saladin further stated many individuals residing in this development may not drive or own a car and will most likely use TLS shuttles or the Pace bus for transportation. The proposed project will cause much less traffic than 21 homes would provide, which would be the case if the property were to be used for low density residential purposes. He stated it is the desire of TLS to try to make a compact development preserving as much open space as possible. He reiterated the driveway that is presently on Route 120 will be closed and the only driveway being utilized will be a driveway entrance off of Ridge Rd. Mr. Saladin noted TLS is amenable to conditions allowing more tree line screening along Ridge Rd. He added that notice to adjoining property owners only and publication in the newspaper and posting a sign is the requirement of the ordinance and that TLS met all requirements as stated in the ordinance. This development is being proposed near a major lighted intersection adjacent to Route 120. Mr. Saladin stated much of the objections noted “we love it but not at this location”. Mr. Saladin reminded everyone that location is determined by market conditions and who wants to sell or lease property and who wants to buy or rent property. This location is based on a trust agreement on record for the use of the property as a charitable use and the use proposed fits this property. Mr. Saladin stated the future use of the parcel is a valid concern and they accept and understand a condition that might limit the parcel to use by veterans. Mr. Swierk addressed the committee on the concerns regarding wells and septics. Mr. Swierk explained their proposed use being 24 one-bedroom units at 1 ½ people per unit or approximately 36 people using the property is quite a bit less intrusive on the wells and septics than a residential estate subdivision which might have 24 four-bedroom homes of approximately 82 people total. He also stated developing a subdivision would most likely also require thinning out and removing more trees than is proposed for this use. Mr. Jeff Schwartz, 2101 Bull Ridge Dr. stated well and septic is the biggest concern and he inquired if a large development were to be built on this property whether or not it would be required to connect to city sewer and water. Deputy City Administrator Martin responded that city sewer and water is not available in this area and would not be required for this property. Mr. Ray Truelson, 1911 Bull Ridge Dr. stated it is his belief that a new estate subdivision could not even be built on this property because of the well and septic issues and the lack of availability of city sewer and water so the comparison used to explain the strain that could be put on the current wells and septics is not valid. Alexandra Coy, 2007 Bull Ridge Dr. agreed with the concerns stated previously regarding dangerous traffic. Chairman Strach closed the public comment portion of the hearing at 8:50 p.m. Planning and Zoning Commission July 25, 2013 Page 8 In response to a question asked by Commissioner Thacker regarding the number of people allowed to reside in each unit, Mr. Belcher stated there will be no more than 2 people per unit and at least half of the units will only have one person residing in it. Commissioner Thacker addressed Mr. Belcher further asking if the vehicles kept on the property by tenants will be monitored by TLS to be sure they are operational and there aren’t junk or non-operational vehicles left sitting on the property. Mr. Belcher responded there will be verbiage in the leases in regard to that issue that tenants will need to abide by. Commissioner Doherty asked what types of items might be allowed to be left outside the buildings other than the cars in the parking lots. Mr. Belcher responded there might be bbq grills, enclosed dumpsters, and picnic tables. He suggested anyone go look at New Horizons in Hebron and see they are well- managed, clean, neat, and mowed and it is their intent to duplicate the same management style here. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 816, an application for a use variance to allow the development of three eight-unit apartment buildings and variance to allow multiple principal buildings on one zoning lot on the property located at 2004 and 2008 Ridge Road, the southeast corner of Ridge Road and Illinois Route 120, as presented by applicant Transitional Living Services, Inc., with the condition the property is developed in substantial conformance with the site plan prepared by Eriksson Engineering Associates, LTD. dated June 26, 2013, as well as the building elevations and floor prepared by DDCA Architects dated June 20, 2013, be granted, and that Table 32 and Table 32(A) of the Zoning Ordinance, have been met. Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Discussion on vote: Commissioner Doherty stated he believes TLS needs to be responsible for providing stronger screening on both the Ridge Rd. and Route 120 sides of the property and especially if either of those roads is redone. He also stated he would expect TLS and tenants to strictly follow the zoning ordinances regarding outside maintenance of the buildings and grounds. Commissioner Sobotta inquired if Mr. Belcher is still eager to go forward with the project even with the aquifer information that is in the Natural Resources Information Report and the concerns of the residents, to which Mr. Belcher replied yes. Chairman Strach closed the Public Hearing regarding File No. Z-816 at 9:00 p.m. Planning and Zoning Commission July 25, 2013 Page 9 Public Hearing: Buffalo Wild Wings File No. Z-818 3343 Shoppers Drive Conditional Use Chairman Strach called the Public Hearing to order at 9:05 p.m. regarding File No Z-818 an application for a conditional use permit to allow outdoor seating at a Buffalo Wild Wings Restaurant as submitted by Tom Berzinski, Vice President of Real Estate, on behalf of Buffalo Wild Wings for the property located at 3343 Shoppers Drive on Lot 2 in the Shops at Fox River Shopping Center (Buffalo Wild Wings). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on July 3, 2013. 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 Mr. Kevin Thode, RSP Architects, 1221 Marshall St. NE, Minneapolis, MN, and Matt Wolfe, Regional Manager, Buffalo Wild Wings, 13328 W. 167th St., Lockport, IL who were sworn in by Chairman Strach. Mr. Thode stated they are here on behalf of Buffalo Wild Wings seeking a conditional use permit to allow an outdoor patio for a Buffalo Wild Wings restaurant which will be located at 3343 Shoppers Drive and that the restaurant concept includes an outdoor patio. Mr. Thode provided a summary of the request before the Commission at this Hearing. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a conditional use permit to allow outdoor seating on the south side of a Buffalo Wild Wings restaurant on the subject property. The patio dining area proposed is 826 net square feet. The outdoor seating area is 68’ x 14’ and will be enclosed by a low wall with two metal emergency gates and covered by a flat roof. The patio will be able to accommodate 68 customers. There will be TV panels and speakers for music outside; however there will not be any other form of live outside entertainment. Staff does not have any concerns with this request. Outdoor dining areas of this type are more the rule today rather than the exception. Staff believes the proposed outdoor dining area will be an enhancement to the restaurant as well as the larger shopping center. Staff’s only recommendation is the outdoor patio area always remain accessible through the restaurant only and not directly to and from the parking area. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker asked what the height of the low wall will be. Mr. Thode stated it will be a 36” cast in place concrete wall. Commissioner Nadeau stated a concern about the low wall being a strong enough barrier to protect patrons on the patio from a vehicle backing into it accidentally. Mr. Thode stated the wall proposed has cross footings and steel reinforcements and will be a sufficient barrier stronger than bollards. Commissioner Doherty asked if there is an emergency gate. Mr. Thode responded there are two egress gates allowing emergency egress out only and activated by a panic device on the inside so you can’t enter from the outside parking area. Commissioner Doherty opined the patio is a great idea. Planning and Zoning Commission July 25, 2013 Page 10 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 9:09 p.m. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 818, an application for a conditional use permit to allow outdoor seating on the property located at 3343 Shoppers Drive on Lot 2 in the Shops at Fox River Shopping Center as presented by the applicant on behalf of Buffalo Wild Wings, with the conditions the site shall be developed in substantial accordance with the attached site and landscape improvement plans prepared by Woolpert dated December 2012 and the attached building elevations prepared by Buffalo Wild Wings dated January 17, 2013 (west elevation) and June 7, 2013 (south and east elevations) and the outdoor patio area always remain accessible, with the exception of an emergency situation, through the restaurant only and not directly to and from the parking area be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-818 at 9:10 p.m. Public Hearing: The Chapel File No. Z-819 414 S. Crystal Lake Road Conditional Use Chairman Strach called the Public Hearing to order at 9:12 p.m. regarding File No Z-819 an application for a conditional use permit to allow an assembly use as submitted by the Chapel for the property located at 414 S. Crystal Lake Road. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on July 9, 2013. 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 Mr. Rick Egbert, 1338 Churchill Lane, Grayslake, Executive Pastor of the Chapel, who was sworn in by Chairman Strach and provided a summary of the request before the Commission at this Hearing. Mr. Egbert stated The Chapel is a contemporary nondenominational Christian church that will be celebrating its 20th anniversary next year. He further stated one of the church campuses is currently housed in the McHenry West Campus High School auditorium and has approximately 350 people in attendance on a weekly basis since 2010. Mr. Egbert said many people don’t like to attend church in a high school because it feels too temporary and the Chapel has wanted to build a facility in McHenry Planning and Zoning Commission July 25, 2013 Page 11 from the beginning of their service here in order to better serve the community. He stated the Chapel has signed an agreement for the 12-acre site at 414 S. Crystal Lake Rd. and is hoping to close on the property in September. They are requesting a conditional use permit to allow assembly use on the property. Mr. Egbert noted the site plan presented is preliminary and that no construction is expected for several years. They are hoping to clear most of the buildings off of the property and to repurpose the pole barn and then build a roughly 400 seat auditorium building in rooms with flexibility for several ministries and to serve the community in different ways. They intend to hold two services on Sunday at 9 am and 11am with approximately 350 people in attendance at each service. Mr. Egbert stated the Chapel wants to become part of the neighborhood and is striving to keep the parking lot as close to the road as possible and the buildings to the south to limit the impact on the neighboring houses to the north. They will be maintaining the existing tree line as a barrier and based upon a traffic study done they will have a left hand and right hand turn lane on Crystal Lake Road. Mr. Egbert stated they love the McHenry community and it is their desire to continue to be a blessing to the community, which includes being a good neighbor. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating the Chapel Church currently holds worship services out of McHenry High School West Campus, which is situated amongst residential development on all sides. The Chapel is presently under contract to purchase the property located at 414 S. Crystal Lake Road (Koehn Farm) with the ant icipation of constructing a new worship facility on the property in the next few years. The subject property is currently located in unincorporated McHenry so annexation to the City is required. Staff is working with the Chapel on an annexation agreement. If annexed, the property will automatically be zoned E Estate District. A conditional use permit is required, however, for an assembly use. Staff believes this is an appropriate location for this type of assembly use which will not adversely impact neighboring properties or public safety and health. Staff’s primary concern is traffic and the applicant has submitted a traffic study that the City engineer concurs with, and is planning road improvements to minimize any adverse impact on traffic flow in the area. It should be noted, however, the need may also arise for some type of traffic control to be in place once the facility is constructed to safely exit vehicles from the subject property onto Crystal Lake Road when worship services are finished. In accordance with the City’s Comprehensive Transportation Study completed by Smith Engineering in 2006, Staff is recommending there be sufficient land area reserved on the southern portion of the property for the ability to connect a driveway from the subject property into a future driveway/roadway which would extend west from the Kresswood Trails Subdivision and then head south lining up with Cunat Drive on the south side of Bull Valley Road. This will enable the subject property to at some point in the future have access to Bull Valley Road and a planned traffic signal at Cunat Drive. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty asked what the building will look like. Mr. Egbert stated it will be approximately 25,000 sq. ft. They have 7 other campuses and have a preliminary idea of the layout but have realized they have to balance space in the auditorium with the amount of children’s space and parking and lobby space. They are presently looking at constructing a steel building. Commissioner Doherty asked Deputy City Administrator Martin if that amount of traffic exiting onto Crystal Lake Rd. might warrant police traffic assistance. Deputy City Administrator Martin stated that Planning and Zoning Commission July 25, 2013 Page 12 can be looked into if it is needed. Mr. Egbert stated they are amenable to that as they already have police assistance in place at their Grayslake campus on Route 60. Commissioner Nadeau suggested The Chapel talk with the Church of Holy Apostles across the street and possibly stagger the Chapel service hours so both churches are not letting out at the same time to alleviate traffic. Mr. Egbert responded that was a good suggestion. Commissioner Nadeau inquired if services will be held at the Chapel 7 days a week to which Mr. Egbert replied services will only be held on Sunday but there will be classes and small meeting groups during the week which are significantly smaller. Commissioner Sobotta inquired if the Chapel is looking at growing their church as they go and how soon they might outgrow the church that is being planned. Mr. Egbert responded they are hoping to grow and the Chapel now has two campuses that each hold 4 services and if they follow that model they could easily accommodate 1200 or 1300 people. Mr. Egbert stated they prefer to have smaller campuses and to serve people right in their communities and do not anticipate wanting a larger building with the feeling of a mega-church. He further stated what they are proposing is what will fit comfortably into the community that is McHenry. Commissioner Sobotta stated other churches in the community have issues with overcrowding on holidays and for big events and he believe this needs to be addressed. Mr. Egbert stated their strategy would be to add more services rather than to build a bigger building. 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: Mr. Pat Stanek, 4917 W. Glenbrook Trail, McHenry stated he is a northern neighbor to the property and lives behind the tree line barrier that is mentioned. Mr. Stanek stated the previous property owners have left quite a bit of barbed wire and debris along with a downed tree along the tree line between the properties. Mr. Stanek would like to know if the Chapel will coordinate efforts to clean up that back tree line especially in light of the annexation. The neighboring residents are looking for a promise that area will be cleaned up. Mr. Stanek also asked if he and other neighbors can be informed as this whole proposal develops so they can be made aware if there are issues with the easement and/or utility lines or anything else in the building process. Deputy City Administrator Martin stated he does not know where utilities will be taken from for the Chapel property, but he will inquire and get an answer to that question. Mr. Egbert stated it is the Chapel’s plan to clean up the tree line, which is unsightly, and it is very important to them for all areas of the property to be presentable. Mr. Egbert stated Fran Fazio, the Civil Engineer for the project with Manhard Consulting, is in attendance tonight and can possibly address the utility easement questions. Amanda Geyer, 5112 W Greenbrier, McHenry stated she is glad to have the Chapel looking to build a new building but has a concern with the traffic. She stated already when travelling east to west on Bull Valley Rd. there are traffic jams daily at the entrance to the Church of Holy Apostles when people want to make a left-hand turn into the parking lot. She stated this is not during times of Sunday services, but rather at any time on a daily basis. Ms. Geyer asked that the roadways and traffic are engineered properly to avoid this issue on Crystal Lake Rd. with the entrance to the Chapel. Planning and Zoning Commission July 25, 2013 Page 13 Fran Fazio, Manhard Consulting, 900 Woodlands Parkway, Vernon Hills, Civil Engineer for the Chapel stated the easement in the backyards of properties is for the sole purpose of access for the utilities for that subdivision. The service easement on Mr. Stanek’s plot of survey is solely for his property only. The church will get their utilities from along Crystal Lake Rd. and not from the neighboring property utility easements. In regard to the turn lanes, Ms. Fazio stated they intend to construct widening of the pavement for turn lanes with a left turn lane, thru lane and right turn lane and will not have issues similar to those at the entrance to the Catholic Church on Bull Valley Road. Chairman Strach closed the public comment portion of the hearing at 9:35 p.m Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File No. Z- 819, an application for a conditional use permit to allow an assembly use on the property located at 414 S. Crystal Lake Road, as presented by applicant The Chapel, with the condition the site is developed in substantial conformance with layout depicted on the preliminary site plan presented and incorporated herein, be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-819 at 9:40 p.m. Staff Report The next meeting will be August 15, 2013. There is only one hearing scheduled at this time. Adjournment Motion by Thacker, seconded by Doherty, to adjourn the meeting at 9:45 p.m. Voting Aye: Buhrman, Doherty, Nadeau, Sobotta, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck. Motion carried 6-0. The meeting was adjourned at 9:45 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry