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HomeMy WebLinkAboutMinutes - 02/01/2007 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting February 1, 2007 Chairman Howell called the February 1, 2007 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. In attendance were commissioners Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: None. Also in attendance were Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer. Approval of Minutes Buhrman noted a typographical error on page 4 of the January 18, 2007 minutes and requested the minutes be amended to reflect the correction. Motion by Nadeau. Seconded by Cadotte, to approve the minutes of the January 18, 2007 regularly scheduled meeting as amended. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing – Roy and Janice Carlsten File No - Z-696 Map Amendment 1630 North Riverside Drive Chairman Howell called to order a Public Hearing at 7:32 p.m. regarding File No. Z-696 a request submitted by Roy and Janice Carlsten for a zoning map amendment to RS-4 upon annexation of their property located at 1630 North Riverside Drive. Chairman Howell stated Notice of the Public Hearing was published in the Northwest Herald on January 12, 2007. A Publisher’s Certificate of Publication is on file in the City Clerk’s Office. Certified notices were mailed to all abutting property owners of record and the property was posted as required by ordinance. An affidavit of service is on file in the City Clerk’s Office. In attendance were applicants Roy and Janice Carlsten and their builder, Roger Gerstad of Gerstad Builders. All were sworn in by Chairman Howell. Mr. Carlsten stated a portion of their property located at 1630 North Riverside Drive has already been annexed into the City. They are requesting annexation of the remainder of the lot so that they can construct a new residence on it and connect to the City’s water and sanitary sewer utilities. Planner Zeller provided the Commission with a Staff Report regarding this project. She noted the subject property is currently vacant. The property is contiguous to the City. Staff has reviewed and supports the request. Chairman Howell invited comment and questions from the commissioners. Planning and Zoning Commission February 1, 2007 Page 2 Responding to a request for clarification, Planner Zeller noted the plat of annexation only includes that portion of the lot which currently lies within the County and would be annexed. Planner Zeller also noted the property line runs to the centerline of Riverside Drive. However, that portion of the lot which is in the roadway would be dedicated City right-of-way. Chairman Howell noted there was not Public Comment regarding this matter. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council that in regard to File No. Z-696, a request for zoning map amendment as submitted by Roy and Janice Carlsten for their property located at 1630 North Riverside Drive, 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, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the Public Hearing at 7:42 p.m. Public Hearing –Gizmo Properties LLC File No. - Z-612.A Use Variance Chairman Howell at 7:43 p.m. convened a Public Hearing regarding File No. Z-612.A a request for use variance as submitted by Gizmo Properties LLC for their property located at 3601-3637 Municipal Drive. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on January 16, 2007. A Publisher’s Certificate of Publication is on file in the Office of the City Clerk. Notices were sent via certified mail to abutting property owners. The subject property was posted as required by ordinance. An Affidavit of Service and Posting is on file in the City Clerk’s Office. In attendance representing the applicant were Dr. Greg Cannizzo of Gizmo Properties LLC and attorney Jason Roth. Both were sworn in by Chairman Howell. Also in attendance were the following Objectors/Observers: 1. Mark Justen, Justen Funeral Home, 3519 West Elm Street, McHenry IL Attorney Roth stated the subject property is zoned O-1 Local Office District. The property is adjacent to the Municipal Center, just south of Municipal Drive. The proposed structure is comprised of 21,000 square feet. The intended purpose of the building was to house medical/professional offices. However, the property owners are here to request a use variance to allow the following uses on this property: 1. Donut shop 2. Graphics and drafting services 3. Health club Planning and Zoning Commission February 1, 2007 Page 3 4. Office, stationery, or art supply store 5. Beauty shop, barber shop, and hair styling salon 6. Florist shop 7. Laboratory, medical, dental research, and testing 8. Orthopedic and medical appliance store (retail sales only) 9. School, commercial, for music, dance, business, or trade 10. Restaurant, eat-in or carry-out, but not including live entertainment, dancing, or serving of alcoholic beverages, or restaurants that are drive-in establishments 11.Newspaper, magazine, and tobacco shop 12. Book store or book and stationery store. Mr. Roth stated in addition to the above-mentioned uses, the applicant is requesting a dry cleaning pick-up and drop-off facility (with no on-site processing). The request for the addition of the dry cleaning use is due to the fact the owners have been contacted by a potential tenant seeking this use. Planner Zeller provided the Commission with a Staff Report regarding this matter. She noted the applicants have requested a use variance noting several specific uses which are basically retail/commercial in nature. As the subject property is zoning O-1 Local Office, a use variance is required to allow these uses on the subject property. Staff has reviewed the proposed list of uses and recommends the following be granted: 1. Beauty shop, barber shop, and hair styling salon 2. Book store or book and stationery store 3. Donut shop 4. Florist shop 5. Graphics and drafting services 6. Health club 7. Laboratory, medical, dental, research, and testing, associated with each 8. Newspaper and magazine shop 9. Office, stationery or art supply store. 10. Orthopedic and medical appliance store (retail sales only) 11. Restaurant, eat-in or carry-out, but not including live entertainment, dancing or service of alcoholic beverages, or restaurants that are drive-in establishments. 12. School, commercial for music, dance, business or trade. Planner Zeller stated with regard to the applicant’s request for dry cleaning pick-up drop-off, Staff does not support this request as a dry cleaning plant was recently approved for the Professional Plaza on Bank Drive. As this site is in close proximity to the Bank Drive facility, there would appear to be no need for this use on the subject property. Planner Zeller also noted the City’s receipt of a Letter of Objection from Mark Justen of 3519 West Elm Street regarding the applicant’s request for use variance. A copy of the letter was distributed this evening to all commissioners and is attached as Exhibit A to the minutes of this meeting. Mr. Justen who owns the property immediately west of the subject property objects to potential increase in traffic flow generated by proposed commercial uses. He is also opposed to the location of a restaurant on the site which could ultimately bring in a liquor license for service of alcoholic beverages. Planning and Zoning Commission February 1, 2007 Page 4 Dr. Cannizzo stated he is planning to relocate his 20-year dental practice to the site and would occupy a 3,000 square foot area of the complex. He noted he is seeking a use variance to allow the specified uses, stating he is not proposing a full-service restaurant with service of alcoholic beverages. He is proposing a sandwich shop which would be open during normal office hours. Attorney Roth stated he does not anticipate much traffic to be generated from the proposed uses listed for the use variance. Chairman Howell invited questions by the commissioners. Responding to an inquiry, Planner Zeller stated access to the Gizmo Property development would be solely from Municipal Drive and there would be no direct access onto Charles Miller Road. Cadotte opined this property which is adjacent to the Municipal Center is not an appropriate site for a strip mall. He stated having a strip mall at this location would demean the view and majesty of the Municipal Center from Charles Miller Road. The intent of having local office zoning was to prevent this type of use and building on the Knox Property. Dr. Cannizzo explained a use variance was previously granted for this property. However, the variance expired prior to the building permit application for the site being submitted. Staff advised a new application for use variance must therefore be submitted for review and consideration by the Planning and Zoning Commission for recommendation to the City Council. Dr. Cannizzo stated the list of proposed uses has been modified somewhat since the previous use variance was granted in 2004. In response to an inquiry, Dr. Cannizzo stated building façade signage would be utilized to advertise the building tenants. The sign ordinance permits 1.5 sq ft of signage per foot of building frontage. Commissioners requested uniformity as to color and appearance for all wall signs placed on the building. Responding to a question, Dr. Cannizzo noted the units would be either condo or rental, depending upon the agreement with the purchaser/tenant. Chairman Howell swore in Objector Mark Justen prior to his testimony being presented to the commission. Mark Justen: Mr. Justen stated the addition of the proposed commercial/retail uses would create traffic congestion in the area. The Zoning Ordinance does not provide for adequate parking in the O-1 Local Office District for commercial/retail uses. If the applicant secures a restaurant tenant, the service of alcoholic beverages would like be sought and granted. Mr. Justen stated the funeral home has a zero tolerance policy regarding alcohol for visitation or services. Mr. Justen also stated that the applicant has located 15’ of their driveway entrance from Municipal Drive on Mr. Justen’s designated easement. Mr. Justen further noted he had previously agreed to dedicate by fee simple deed land to be utilized for a roadway connecting Municipal Drive to Charles Miller Road. Initially, this connection was to be made between the Gizmo Property and the funeral home. Recently, however, this connection was relocated to a point west of the funeral home property. Mr. Justen stated the roadway which was to be developed between Gizmo and the funeral home with a cost split of 40/60 should not be built. Planning and Zoning Commission February 1, 2007 Page 5 Mr. Justen opined ingress/egress to the funeral home and Gizmo requires only a curb cut in order to access both properties. However, Gizmo plans to build an extended driveway along the original easement, utilizing several feet of the funeral home property. Mr. Justen stated he is opposed to the construction of the driveway and does not intend to pay for 60% of the cost to construct it. Mr. Justen stated increased activity on Gizmo property resulting from the use variance would cause hardship and disturbances for families during visitation and funeral proceedings at the funeral home. This property is zoned for office use which complements the adjacent funeral home setting. In closing, Mr. Justen stated he is here before the Commission to object to the use variance and to speak his objections to Dr. Cannizzo who has not responded to any of his concerns regarding the development of his property. Dr. Cannizzo responded, noting the easement dedicated to the City by Mr. Justen is a right-of- way easement. He noted he is constructing a road, which is appropriate for this type of easement. Chairman Howell noted if no use variance were being sought, the applicant would not be present before the Planning and Zoning Commission at a Public Hearing this evening and the driveway construction cost and location would be irrelevant before this board. Chairman Howell closed the Public Comment portion of the hearing at 8:11 p.m. Attorney Roth responded to Mr. Justen, stating the applicant intends to maintain the professional office demeanor of the complex. He stated it would not serve the applicant’s purpose to have high-density retail/commercial development on this site. The commissioners pointed out the applicant would still be required to make a financial contribution toward the expansion and extension of Municipal Drive. Dr. Cannizzo stated he is aware of the contribution requirement. Motion by Nadeau, seconded by Ekstrom, with regard to File No Z-612.A, to recommend to the City Council that a use variance allowing the following uses for the property located at 3601- 3637 Municipal Drive: 1. Beauty shop, barber shop, and hair styling salon 2. Book store or book and stationery store 3. Donut shop 4. Florist shop 5. Graphics and drafting services 6. Health club 7. Laboratory, medical, dental, research, and testing, associated with each 8. Newspaper and magazine shop 9. Office, stationery or art supply store. 10. Orthopedic and medical appliance store (retail sales only) 11. Restaurant, eat-in or carry-out, but not including live entertainment, dancing or service of alcoholic beverages, or restaurants that are drive-in establishments. 12. School, commercial for music, dance, business or trade; be granted subject to the following conditions: Planning and Zoning Commission February 1, 2007 Page 6 1. the applicant contribute $80,000 toward the $1.3 million Municipal Drive roadway improvements; 2. uniformity as to color and appearance of signage on the building; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: Cadotte. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Comments by Commissioners: Chairman Howell: Mr. Justen’s comments and objections are not relevant to the requested use variance. The proposed uses would compliment the surrounding existing uses. Buhrman: Has reservations regarding the requested use variance. He judged the applicant should maintain the professional standards found within the local office district. He expressed concern the uses may decrease the value of the building. Cadotte: All uses being sought are available for use in other developments/open store fronts in the City. He opined this is not a good location for the requested retail/commercial uses. The Public Hearing was closed at 8:22 p.m. Other Business Responding to an inquiry, Planner Zeller noted there is not update regarding the Marinangel meeting with Staff to determine an alternate parkway tree plan for the Professional Plaza development. She noted parkway tree planting would likely not occur until March or April. It was noted the City is advertising for City Planner and Human Resources Manager. Planner Zeller stated she has taken a position with the City of Crystal Lake. Friday, February 3, 2007 would be her last day in McHenry. Also, the City’s HR Manager has taken a position in Rockford. Planner Zeller noted for the time being the Commission’s contact would be Director of Community Development Napolitano. She provided the commission with the list of items currently scheduled for its February 15, 2007 meeting: Final Plat – Townhomes of Prairie Lakes Variance Request – Townhomes of Prairie Lakes Conditional Use Permit for an auto repair shop Conditional Use Permit for a restaurant with outdoor seating and service. Responding to an inquiry, Planner Zeller stated she is unaware of what type of restaurant is being proposed for the former Whale’s Tail site, once building rehab is complete. Planning and Zoning Commission February 1, 2007 Page 7 Nadeau noted he will be out of town for the Commission’s February 15th regularly scheduled meeting. Cadotte noted the need for additional medical office space appears to be minimal, particularly since NIMC requires its physicians to locate in the professional offices on their campus. He suggested that was the reason this evening’s applicant is seeking the use variance to allow retail/commercial uses on the site. Ekstrom noted the upholstery store has improved its front window and overall appearance. They are to be commended. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:39 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:39 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary Planning and Zoning Commission February 1, 2007 Page 8