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HomeMy WebLinkAboutMinutes - 11/06/2008 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting November 6, 2008 Chairman Howell called the November 6, 2008 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, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Absent: Thacker. Also in attendance were: Attorney Cahill, Planner Kolner, Deputy Clerk Kunzer, Alderman Santi. Approval of Minutes Motion by Nadeau, seconded by Cadotte, to approve the minutes of the Planning and Zoning Commission as presented: October 2, 2008 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Approval of 2009 Meeting Schedule Motion by Nadeau, seconded by Cadotte, to pass a resolution approving the 2009 Planning and Zoning Commission Meeting Schedule as presented: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 8 Thursday 5 Thursday 5 Thursday 22 Thursday 19 Thursday 19 Thursday APRIL - 7:30 P.M. MAY - 7:30 P.M. JUNE - 7:30 P.M. 2 Thursday 7 Thursday 4 Thursday 16 Thursday 21 Thursday 18 Thursday JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 9 Thursday 6 Thursday 3 Thursday 23 Thursday 20 Thursday 17 Thursday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 1 Thursday 5 Thursday 3 Thursday 15 Thursday 19 Thursday 17 Thursday Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Planning and Zoning Commission November 6, 2008 Page 2 Public Hearing: Emanuel Pilat File No. Z-734 701 Broadway Variance: rear yard setback Chairman Howell called the Public Hearing to order at 7:32 p.m. regarding File No. Z-734, an application for a variance as to the rear yard setback as submitted by Emanuel Pilat for his property located at 701 Broadway in McHenry. In attendance was Emanuel Pilat who was sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on October 22, 2008. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Mr. Pilat stated he is requesting a variance from the required 25’ rear yard setback to allow placement of an addition to his home. The actual building rear yard setback is 22’. Mr. Pilat stated he is requesting the variance to allow for a building addition in line with the existing setback. Planner Kolner provided the commissioners with the Staff Report regarding the request. She stated the applicant is hoping to construct a building addition utilizing the same roofline and foundation line extended from the current building. Staff has reviewed the request, finds no objections and supports the request as presented. Chairman Howell invited questions and comments from the Commission. Question was raised from the Commission as to why the applicant did not just proceed with constructing a smaller addition which would conform to the setback requirements. Mr. Pilat responded if he adhered to the rear yard setback requirements, the addition would be too small for its intended purpose and not worth his while to pursue. Mr. Pilat responded to further inquiry noting the addition would be for a bedroom as his family is expecting an addition as well. In response to Chairman Howell’s invitation for questions and/or comments from the audience, there were none. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-734, a request for variance to allow a rear yard setback of 22’ for the building addition proposed by Emanuel Pilat on his property located at 701 Broadway, that the variance be granted: and that Table 32 the Approval Criteria for Variances, page 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Absent: Thacker. Abstaining: None. Planning and Zoning Commission November 6, 2008 Page 3 Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:38 p.m. Public Hearing: Historic McHenry LLC File No. Z-733 1111 North Green Street Zoning Map Amendment Conditional Use Permit: Expanded Site Plan Review Conditional Use Permit: Restaurant serving alcoholic beverages with live entertainment and outdoor seating Chairman Howell at 7:39 p.m. called to order the Public Hearing regarding File No. Z-733, an application for the following as submitted by Historic McHenry LLC for their property located at 1111 North Green Street in McHenry: 1) Zoning Map Amendment from O-1 Local Office District to C-4 Downtown Commercial District; 2) Conditional Use Permit for expanded site plan review for property located in the Downtown Overlay District; 3) Conditional Use Permit to allow a restaurant serving alcoholic beverages, including live entertainment and outdoor seating. Notice of the Public Hearing was published in the Northwest Herald on October 18, 2008. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. In attendance representing the applicant were the following who were sworn in by Chairman Howell: 1) Attorney Mark Saladin of Zanck, Coen and Associates; 2) Christopher Zock, Historic McHenry LLC; 3) Kevin Villont, Cunat Inc. Also in attendance were the following members of the audience: 1) Louine Sternickle, 19005 Lincoln Road, Harvard Illinois; 2) Lorie Crnkovich, 409 67th Court, Downers Grove, Illinois; 3) Philip Wolf of Manhard Consulting Services, 2050 S Finley Rd, Lombard, Illinois; 4) Thomas Crnkovich of Manhard Consulting Services, 2050 S Finley Rd, Lombard, Illinois; 5) Joseph Doherty; 6) Ned Neumann, property owner of 1111 North Green Street, co-applicant on the Petition before the Commission. Mr. Zock, on behalf of Property Owner Ned Neumann and Project Developer Cunat Inc., provided the Commission with a complete overview and presentation of the proposed development of the property located at 1111 North Green Street. Mr. Zock noted the subject property is being redeveloped pursuant to the terms of a Redevelopment Agreement between the City of McHenry and the Developer. The Developer has recently completed and recorded a Planning and Zoning Commission November 6, 2008 Page 4 property exchange with McHenry School District 15 in order to prepare the groundwork for the redevelopment plan. The project is called City Centre and was created as a result of Ned Neumann’s ideas for the property. City Centre is a mixed use building with residential units on the second floor and above and an upscale restaurant on the first floor. The Building is designed to be elegant but cohesive with its surrounding structures. The Developer has attempted to follow the Downtown Design Guidelines. Mr. Zock then addressed the written concerns expressed by Lorie Crnkovich (attached hereto as Exhibit A): 1) Pedestrian Access: The sidewalk would wrap around the building from Green Street onto Waukegan Road. As there would be a standard four-way intersection and the right-turn yield lane would be eliminated, pedestrian crossing should actually be safer than it currently exists at this location, especially for students going to and from Landmark School. Currently pedestrians have to cross both Green Street and the Yield lane (which would be eliminated). 2) Intersection Modifications at Green and Waukegan: The Auto-Turn Exhibits provided to the Commission cover the concerns expressed regarding vehicles being able to navigate the new intersection configuration. 3) Traffic Impact Study: The Green and Waukegan intersection was originally designed to accommodate traffic to and from city hall, the high school, the police department, and the hospital, as well as the central downtown area. The redevelopment proposal before the Commission for consideration would not be as intense in use nor traffic generated as the former uses were. There would be a sense of ebb and flow of the traffic throughout the day. 4) Building Architecture: The building architecture has taken into consideration safety concerns expressed by the City. The manner in which the parking structure is designed would obscure vehicle lights from flowing onto neighbor’s property. Additionally, the parking structure would significantly add to the City’s available parking in the area. Regarding the suggestion that the parking structure be more integrally incorporated into the main building, the result, due to building and fire code restrictions, would be that the entire first floor would have to be parking. There is no way to split the use on the first level between parking and retail. In order to make this project financially feasible, the first floor street level must be retail. Additionally, the parking structure acts as a buffer to the adjacent neighbors including both schools (high school and Landmark). Mr. Zock offered general comments noting that the subject property was difficult to work with. There would likely be 24 residential units on the site. The proposed restaurant would be similar to Dunhill’s, providing for an upscale dining experience with low-key live entertainment (background music). The developer intends to implement some green building practices. The developer is requesting the Planning and Zoning Commission recommend approval of the stated zoning relief to the McHenry City Council. Planner Kolner provided the Commission with a summary of the Staff Report regarding the request. The applicant is proposing a five-story building with a restaurant and retail on the ground level with condo units above plus a parking structure which would provide 2/3 of the parking spaces open to the public with the remaining 1/3 to be utilized by the condo residents. The main building and parking structure are to be considered as one building as they are connected by an overhead walkway. Due to the Developer’s request for a conditional use permit Planning and Zoning Commission November 6, 2008 Page 5 to allow for expanded site plan review pursuant to the Downtown Development Plan, the applicant does not need to seek the multiple variances as presented in their narrative. The expanded site plan review allows for an easier review process and ensures a more cohesive blend with the rest of the downtown area. Planner Kolner noted the public parking spaces in the structure would significantly add parking to the downtown area. The project would also generate both sales and property tax and add to the TIF Fund. Staff concerns expressed regarding the outside seating area include a provision that the patio area be closed off to the Riverwalk via fencing or some other means so that patrons cannot enter or leave an area serving alcoholic beverages unmonitored. Leaving the premises with a drink in hand is not permitted by ordinance. Planner Kolner stated it is Staff’s recommendation to support the request subject to the conditions included in the Staff Report. In addition, all plans shall be subject to permit review and approval. Chairman Howell invited questions and comments from the commissioners. Question was raised as to the quality of Boone Creek in this area and would the creek be dredged. Mr. Zock responded the dredging of the creek is outside of the developer’s jurisdiction. However, the developer would support dredging of the creek. Concern was expressed regarding onsite traffic flow, particularly with regard to deliveries to and refuse collection from the restaurant. Mr. Zock responded trucks would enter the service area on the site from Green Street between the main building and the parking structure. There would be a covered service area. Vehicles would then be able to maneuver in this area in order to leave the service area onto Green Street, nose first. Responding to inquiries regarding security measures, Mr. Zock stated the parking lot would be 24 hours per day secured access. It would not be possible for public patrons to gain access from the restaurant area to the private residential area. The parking structure security would include appropriate lighting to prevent dark shaded areas. Video surveillance security conduit will be placed in the structure for possible future implementation, if needed. Responding to further inquiry, Mr. Zock stated there would be multiple means of egress from the parking structure. Commissioners expressed concern regarding emergency access, particularly for fire vehicles. Mr. Zock noted the emergency vehicles would have access via the drive which enters the service area between the parking structure and the principal building. The entire building would be sprinklered. Question was raised regarding the existing on-street parallel parking. Mr. Zock stated his belief that the City intends to retain the on-street parking on both the east and west sides of Green Street as well as along Waukegan Road. Question was also raised as to the possible symmetry between the Curtis Commercial building and the proposed development being discussed this evening. Mr. Zock noted the exterior colors Planning and Zoning Commission November 6, 2008 Page 6 are complimentary. The Curtis Commercial building will be stacked with a flat-membrane roof. The Cunat project will have a pitched roofline with gables and the building will not be stacked. Regarding the issue of boat slips, Mr. Zock stated it is hoped there would eventually be temporary boat docking available. No permanent (overnight) boat slips are planned. Concern was raised as to the restaurant being located on the first floor of the building and the possibility of the building residents being subjected to restaurant odors. Mr. Zock stated the restaurant kitchen would be properly vented and the air filtered so that does not occur. Responding to an inquiry as to the proposed construction timeline, Mr. Villont stated the building would take about one year to construct. The entire site would be surrounded by 6’-10’ cyclone fencing to ensure the protection of the nearby students. Construction material deliveries would likely take place in the morning before the start of Landmark School. Some discussion occurred regarding possible noise nuisance for the students attending Landmark School. Mr. Zock noted the developer will do whatever is necessary to ensure they are a good neighbor to the school as well as all other neighboring residents. Commissioners inquired as to a possible barrier between the subject property and Landmark School. Mr. Zock stated there would ultimately be a retaining wall and a fence constructed between the school and the finished product on the subject property. In response to an inquiry, Mr. Zock responded the solar collector panels would be situated on the roof but would not be visible or rise higher than the top roofline. They would likely be obscured by rooftop HVAC units. Responding to concerns regarding the co-mingling of public parking and assigned private resident parking, Mr. Zock stated the residential parking and public parking would be separate and regulated through a gate-controlled system. Question was also raised as to snow removal and disposal. Mr. Zock noted all levels of the parking structure would be covered. No snow removal would be required. In response to a question regarding possible variances needed to implement the project, Planner Kolner noted the following items contained in the applicant’s narrative would be addressed during the expanded site plan review process: • Variance from parking lot standards to accommodate a multi-level parking structure which would include variances from the landscaping standards and lighting standards; • Variance from setback requirements for the building which would be taller than 35 feet; • Variance to allow rooftop solar power cells; • Variance to allow signage greater than 32 square feet on the construction fence; • Variance from the maximum allowable floor area ratio; • Use Variance for a banquet facility. Attorney Saladin concurred, noting utilizing the expanded site plan review process in this instance would allow the City to take a comprehensive look at the project as a whole and how it fits into the City’s Downtown Redevelopment Plan. Planning and Zoning Commission November 6, 2008 Page 7 Question was raised as to the purpose of the banquet facility. Mr. Zock explained the banquet facility would be available for residents of the site who could rent it for parties, banquets, etc. The banquet facility would not be open for public rental. Planner Kolner stated the applicant has made a great effort to accommodate all aspects of the zoning ordinance. Brief discussion followed regarding the lighting on the site. Mr. Villont stated the developer will make sure the project meets the candlepower requirements for the exterior of the property as well as within the parking structure. Chairman Howell invited questions and/or comments from the audience. The following persons were sworn in by Chairman Howell prior to presenting testimony regarding this matter: Lori Crnkovich: Ms. Crnkovich stated she is co-trustee for the Bryce W. Klontz Family Trust which owns the property located at 3603 and 3607 West Waukegan Road, directly south of the subject property. She stated she met with Deputy City Administrator Martin and Planner Kolner earlier this year to discuss the potential for development of the trust properties in the future. As a part of that meeting they were made aware of plans for this project. Ms. Crnkovich noted while the trust is in firm support of development and economic growth in the neighborhood, they would like to ensure that the proposed improvements are examined with respect to potential impact on surrounding properties and their associated potential for growth and development. Ms. Crnkovich stated they had previously requested clarification on potential traffic impact and pedestrian access. They have also expressed concern regarding the potential impact on line of sight looking south down Green Street toward this development, as well as from the trust properties looking north, which will now be impeded by the proposed parking structure. Ms. Crnkovich stated the trust has retained Manhard Consulting to assist in coordination with the City Centre development team and the City to ensure that the concerns expressed regarding this development are properly addressed. The trust requests that a full traffic study be completed to adequately determine how traffic movements related to this development may impact the surrounding area. Additionally the line of sight concerns should be investigated pertaining to a potential for detrimental impact to the trust’s properties, and that the rezoning of the area be investigated in that it could facilitate further economic development in the area in conjunction with this development. Ms. Crnkovich further stated that since this project has been in the planning stages since 2007, she respectfully requested that the Public Hearing remain open for further comment and that the Planning and Zoning Commission table any decision with regard to this project for 30 days, as this would allow for additional analysis and review. Louine Sternickle: Ms. Sternickle, co-trustee of the Bruce W. Klontz Family Trust, expressed her concerns regarding the removal of the evergreen tree within the island currently existing at the intersection of Green and Waukegan. The decoration of that tree has traditionally signaled the beginning of the Christmas season. Noting what McHenry is attempting to do in creating a Historical District, she opined it does not make sense to remove the tree and part of McHenry’s history. She stated she would prefer the City keep the line of sight open, especially as viewed from the trust property north up Green Street. Ms. Sternickle expressed her desire for more Planning and Zoning Commission November 6, 2008 Page 8 architectural detail on the southern wall of the parking structure. She noted her concern regarding traffic entering and leaving the garage from Waukegan Road. She opined if the right-turn yield lane is removed, south-bound traffic would back up on Green Street. Ms. Sternickle inquired if the subject property was too close to Landmark School and the East Campus High School to be allowed to have a liquor license. She also expressed concern regarding emergency vehicles entering the building particularly from the west and north. She worried that parking garage lighting would shine into the trust’s apartments on Waukegan Road. She asked the applicant to screen lighting from the neighbors across the street from the project. She requested the applicant consider modifying the southeast corner of the parking structure to open up the line of sight to the north. She stated the design of the parking garage does not fit in with the Riverwalk. In general, Ms. Sternickle stated she would like to see development but would like to see the trust’s property value increase rather than decrease. Chairman Howell asked Attorney Saladin if his client would object to the request to postpone action for 30 days. Attorney Saladin responded the parking structure was required by the City as part of the Development Agreement regarding this project. Mr. Zock stated he would prefer the Commission vote on this matter this evening. Chairman Howell inquired if there was any reason not to duplicate the architectural detail of the building on the parking structure. Mr. Zock responded it is not physically and economically feasible. The geometry of the site did not allow for the parking structure to be moved further north on the site. Phil Wolf: Mr. Wolf stated his firm has been retained by the Bruce W. Klontz Family Trust. He stated this looks like a great project. It is important to make sure the right things are being done. He noted typically traffic studies are completed for this type of project. He noted there was concern regarding truck traffic being able to make the turn following the restructuring of the Waukegan Road and Green Street intersection. He questioned where there would be adequate parking for the building’s residents, restaurant patrons and yet have some available for the public utilizing the Riverwalk. Planner Kolner responded to Mr. Wolf’s concerns noting the City has no intent of opening Waukegan Road to through traffic. Trucks would likely not be making the turn from southbound Green onto Waukegan Road. She further noted that under C-4 Zoning there are no parking requirements. The City will be provided with 75 spaces and there would be 57 reserved for condo owners. Mr. Zock also noted that school buses will be able to make the turn from Green Street onto Waukegan Road. Attorney Saladin stated this project would help McHenry to have a vibrant downtown 24 hours per day, 7 days per week. Chairman Howell stated if there was a desire by the commissioners to continue this hearing for 30 days, the motion should be made at this time. There was no motion to continue the hearing. Planning and Zoning Commission November 6, 2008 Page 9 Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File No. Z-733, a request for a Map Amendment from O-1 to C-4 Downtown Commercial District as submitted by Historic McHenry LLC for the City Centre project located at 1111 North Green Street, 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. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-733, a request for a Conditional Use Permit to allow expanded site plan review in accordance with the Downtown Overlay District requirements, as submitted by Historic McHenry LLC for the City Centre project located at 1111 North Green Street, be granted, subject to the following condition: • That the development shall be constructed and developed in accordance with the approved plans and elevations as submitted with the application and approved by Staff; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Discussion on the Motion: Commissioner Nadeau suggested the motion to grant the conditional use permit be amended to include the condition the applicant work with Staff to improve the south façade of the parking structure. Motion by Nadeau, seconded by Buhrman, to amend the motion to include the following condition: • That the developer work with Staff to make the southern exterior wall of the parking structure more aesthetically pleasing. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker Motion carried 6-0. Voting on the Original Amended Motion: Motion by Cadotte, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-733, a request for a Conditional Use Permit to allow expanded site plan review in accordance with the Downtown Overlay District requirements, as submitted by Historic McHenry LLC for the City Centre project located at 1111 North Green Street, be granted, subject to the following conditions: Planning and Zoning Commission November 6, 2008 Page 10 • That the development shall be constructed and developed in accordance with the approved plans and elevations as submitted with the application and approved by Staff; • That the developer work with Staff to make the southern exterior wall of the parking structure more aesthetically pleasing; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 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. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, that with regard to File No. Z-733, a request for a Conditional Use Permit to allow a restaurant serving alcoholic beverages, having live entertainment and outdoor seating, as submitted by Historic McHenry LLC for its City Centre project located at 1111 North Green Street, be granted, subject to the following conditions: • Outside seating shall be gated off from the general public and be provided only for persons within the restaurant; • Outside seating shall be with fixed tables and chairs, not intended to be removed daily; • No form of dancing shall be permitted within the restaurant; • No live bands shall be permitted within the restaurant; • Entertainment shall consist solely of a piano player(s), soloist and/or a jazz musician(s); • There shall be no live entertainment permitted outside of the restaurant; • Illumination from headlights within the parking structure shall not shine on residents across the street; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 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. Commissioner Cadotte stated he cannot wait for the project to be completed. It will likely be the “apple” of the TIF District. Chairman Howell closed the Public Hearing regarding this matter at 9:15 p.m. Planning and Zoning Commission November 6, 2008 Page 11 Other Business Planner Kolner stated there are currently no applications pending for consideration by the Commission. There are some text amendments coming forward, but at this point no firm hearing dates have been set. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 9:16 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. The meeting was adjourned at 9:16 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry Planning and Zoning Commission November 6, 2008 Page 12