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HomeMy WebLinkAboutMinutes - 11/17/2005 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION November 17, 2005 Chairman Howell called the November 17, 2005 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Absent: Thacker. Also in attendance: City Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer. Minutes Approval Motion by Cadotte, seconded by Nadeau, to approve the minutes of the November 3, 2005 Planning and Zoning Commission meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Resolution: Establishing 2006 Meeting Dates Motion by Cadotte, seconded by Ekstrom, to approve a resolution establishing the Planning and Zoning Commission 2006 Meeting Schedule as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 5 Thursday 2 Thursday 2 Thursday 19 Thursday 16 Thursday 16 Thursday APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M. 6 Thursday 4 Thursday 1 Thursday 20 Thursday 18 Thursday 15 Thursday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER 7:30 P.M. 6 Thursday 3 Thursday 7 Thursday 20 Thursday 17 Thursday 21 Thursday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 5 Thursday 2 Thursday 7 Thursday 19 Thursday 16 Thursday 21 Thursday Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. P&Z Commission November 17, 2005 Page 2 Public Hearing – MD Development File No. Z-655 2210 West Route 120 Chairman Howell at 7:33 p.m. convened the Public Hearing for an application filed by Michael Baglio of MD Development for a conditional use permit to allow a drive-thru establishment in the retail strip center located at 2210 West Route 120. In attendance was Mr. Michael Baglio of MD Development who was sworn in by the Chairman. Chairman Howell stated notice of Public Hearing was published in the Northwest Herald on September 21, 2005. Certificate of Publication is on file in the City Clerk’s office. Certified notice of the Public Hearing was sent to all abutting property owners. Receipts are on file in the Clerk’s office. Planner Zeller stated the Commission on October 6, 2005 convened and recessed to today’s date a Public Hearing regarding Mr. Baglio’s request. Mr. Baglio stated he is seeking a conditional use permit to allow a drive-thru establishment at his retail strip center located at 2210 West Route 120. He noted construction of the project is underway. At this time he has no proposed tenants. He is not certain what the drive-thru would be used for, but stated it could be a small restaurant, one or more fast food restaurants, or a dry cleaners facility. He opined it would be easier to market the property if the conditional use is already in place. Planner Zeller provided the commission with the Staff Report regarding this project. She noted the subject property is zoned C5 Highway Commercial and permits a retail strip center. She replied to the commissioner’s question from a past meeting regarding tree removal on this site. The applicant did file for a tree removal permit and is required to replant 16 trees based on the City’s tree preservation ordinance. The applicant is seeking a conditional use permit to allow a drive-thru facility, although he is not yet certain what type of services would be provided via the drive-thru. Planner Zeller stated the applicant would not meet the Zoning Ordinance parking requirements for restaurants on the subject property. Additionally, the stacking spaces for the drive-thru would conflict with rear entries to the units on the site. The drive-thru is being considered as an afterthought and has not been designed to work well with the building or site design, so Staff recommends denial of the request. Mr. Baglio stated he had conferred with his architect, Direct Design, and was informed adequate parking was shown on the site. Mr. Baglio also stated Direct Design indicated the stacking areas were appropriate and conformed to City ordinance. Mr. Baglio informed the commissioners he had met with Staff on several occasions and was not informed his application was deficient in parking or stacking. He stated he has begun construction of the strip center and would not be able to reduce the size of the building to bring the building in conformance to available parking. P&Z Commission November 17, 2005 Page 3 Chairman Howell invited questions and comments from the commissioners. In response to an inquiry, Mr. Baglio stated nine units are proposed for the building. To date, he has no confirmed tenants. He stated he has been contacted by Dairy Queen and a restaurant from Spring Grove, Billy’s; however no leases have been signed. Responding to a question, Mr. Baglio stated he has constructed condo units, and commercial units closer to the Chicago area. This is his first attempt at a retail strip center. In response to an inquiry, Mr. Baglio stated he has 72 parking spaces indicated on his site plan. Planner Zeller explained the parking ordinance requires 4.5 spaces/1,000 square feet of retail space. However, restaurants require more parking than general retail, i.e. 20/1,000 square feet. If Mr. Baglio intends to put restaurants in the center, he will be short of the required parking spaces. In that case, he would have to seek a variance from the parking requirements. A lengthy discussion followed regarding stacking and parking on the premises. The commissioners expressed concern regarding the location of the stacking for the proposed drive- thru, noting it appeared to block the rear entrances of some of the units. Chairman Howell stated it is difficult for the commissioners to determine if adequate parking is available unless the exact users are known, particularly if restaurants/fast food entities are involved. Mr. Baglio was presented with the written Staff Report. He requested additional time to respond to Staff concerns regarding his proposal. There was no one in the audience desiring to present any questions or comments regarding the matter. Motion by Ekstrom, seconded by Schepler, to recess the Public Hearing regarding File No. Z- 655 until Thursday, December 15, 2005 at 7:30 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Chairman Howell recessed the Public Hearing at 8:01 p.m. Public Hearing – Robert Kubik P&Z Commission November 17, 2005 Page 4 File No. Z-657 Southwest corner of Lincoln Road and Rosedale Road Chairman Howell at 8:02 p.m. opened the Public Hearing regarding File No. Z-657, a request for map amendment to RS-2 Medium Density Single Family Residential District upon annexation to the City as filed by Robert Kubik for the property located at the southwest corner of the intersection of Lincoln Road and Rosedale Road. In attendance was Mr. Robert Kubik, who was sworn in by the Chairman. Chairman Howell stated notice of Public Hearing was published in the Northwest Herald on November 1, 2005. Certificate of Publication is on file in the City Clerk’s office. Certified notice of the Public Hearing was sent to all abutting property owners. Receipts are on file in the Clerk’s office. Planner Zeller informed the Commission the property is comprised of .33 acres. The applicant intends to annex the property to the City and is requesting RS-2 zoning upon annexation. The property is currently vacant and unimproved. The request is in conformance with the City’s Comprehensive Plan. Staff recommends approval of the request. Chairman Howell invited questions and/or comments from the commissioners. Responding to an inquiry, Mr. Kubik stated the driveway entrance would be off Rosedale Road. As the lot is a triangular shape, he is not certain at this time of the exact layout of the house on the site. Mr. Kubik is proposing a 1,800-2,000 square foot house on the premises. It could possibly be a raised ranch or a two-story. In response to an inquiry, Mr. Kubik stated he would have to remove several trees from the site as it is very wooded. He believed there are not many high-quality trees, however. Mr. Kubik noted the site is fairly level. He anticipates construction would begin upon the sale of their current townhome. There were no comments or questions from the audience regarding this matter. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-657, an application for zoning map amendment to RS-2 Medium Density Residential Zoning District upon annexation of the property located at the southwest corner of the intersection of Lincoln Road and Rosedale Road, as submitted by Robert Kubik, be granted; and that Table 33, the Approval Criteria for Zoning Map Amendments, Page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Chairman Howell adjourned the Public Hearing at 8:10 p.m. P&Z Commission November 17, 2005 Page 5 Public Hearing – Pacini Group File No Z-659 Ebel Farm Property Chairman Howell at 8:15 p.m. convened the Public Hearing regarding File No. Z-659, an application for concept plan approval and zoning map amendment upon annexation as follows: BP Business Park 169.56 acres C5 Highway Commercial 27.44 acres E Estate 43.00 acres. The subject property is comprised of 240 acres and is located west of Illinois Route 31 and south of Prime Parkway. In attendance were Attorney Daniel Curran, Engineer Sherry Cosmos, and Applicant Paul Pacini. All were sworn in by the Chairman. Chairman Howell stated notice of Public Hearing was published in the Northwest Herald on November 2, 2005. Certificate of Publication is on file in the City Clerk’s office. Certified notice of the Public Hearing was sent to all abutting property owners. Receipts are on file in the Clerk’s office. Attorney Curran provided the commissioners with an overview of the entire project. He noted the applicant is seeking Business Park and Commercial zoning. The portion of the property located west of the railroad tracks would be zoned Estate and not be developed at this time. Additionally, the applicant is seeking a conditional use to allow a commercial use overlay district for a portion of the Business Park, to allow for possible expansion of the C5 District should commercial end users require it. The overlay district is comprised of 15.9 acres and is located adjacent to the commercial district, to its west and north. The intent is to have a conditional use for permitted and conditional C5 uses in the overlay district. Attorney Curran noted the overlay district would provide a tool for marketing the property. Attorney Curran pointed out the applicant is reserving a site for a possible Metra purchase to accommodate a train station on the property. Right of Way has also been reserved for the West McHenry Bypass. Access to the Business Park would be from Route 31 and not the Bypass. Attorney Curran indicated a traffic signal is proposed at the southeast corner of the property. A proposed right-in right-out access point would be placed at the northeast corner of the commercial district. Sherry Cosmos stated the northern restricted access would be directly across from the Veterans Parkway intersection in Prairie Point Business Park. There would also be a connection to Miller Drive in the McHenry Corporate Center, so that the business parks would be connected. Planner Zeller provided the commissioners with a Staff Report regarding the project. She stated the applicants are seeking a map amendment upon annexation. Language in the annexation agreement could be negotiated regarding the Metra site and West McHenry Bypass right-of-way dedication. As the Zoning Ordinance does not contain provisions for an Overlay District, Ms. Zeller stated she was unclear as to how the applicant could include language regarding the P&Z Commission November 17, 2005 Page 6 implementation of commercial uses in portions of the business park. Planner Zeller stated Staff supports the proposed concept plan and recommends approval of the request. Attorney Cahill stated if the applicant did not clearly publish for a use variance to permit commercial uses in the business park district, they would have to re-publish accordingly. As there is no provision for an Overlay District, the applicant should request a Use Variance to allow the commercial uses in a specific portion of the business district. The applicant can proceed with the concept plan and annexation before City Council, but will have to seek relief from the Planning and Zoning Commission to secure a Use Variance to allow the expansion of the commercial uses to portions of the business park district. Chairman Howell invited questions and/or comments from the commissioners. Responding to an inquiry, Ms. Cosmos indicated the area in question for possible use variance. She pointed out the lot configuration would not have to be changed if expansion of the commercial use area was needed. In response to a question, Mr. Pacini stated the property has not been marketed yet. There are no known users at this time. In response to Chairman Howell’s inquiry, there were no comments or questions from the audience. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-659, a request for zoning map amendment upon annexation to: BP Business Park 169.56 acres C5 Highway Commercial 27.44 acres E Estate 43.00 acres, as requested by the Pacini Group for their property located west of Illinois Route 31, south of Prime Parkway be granted; and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Comments by Commissioners: Ekstrom: Would support an Overlay District but would prefer to know specific use being requested. Chairman Howell: An Overlay District would be alright, but would depend on the use. Nadeau: Concurred with Ekstrom and Howell. Schepler: Good concept plan. Would support Overlay District. P&Z Commission November 17, 2005 Page 7 Chairman Howell closed the Public Hearing at 8:53 p.m. Other Business Brief discussion occurred regarding the Bull Valley Road and Route 31 Intersection and potential improvements. Inquiry was made as to the closing of Wendy’s on Elm Street. Comments were made regarding the favorable improvements to LaRosita. Concern was expressed regarding the vehicles again being parked on the grass at Gary Lang Auto Group. Concern was also expressed regarding the appearance of the upholstery business and the need for improvement. Planner Zeller stated she would be willing to provide a status report regarding ordinance compliance violations previously noted by the commissioners. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 9:08 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.