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HomeMy WebLinkAboutMinutes - 02/15/2007 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting February 15, 2007 Chairman Howell called the February 15, 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, Schepler. Absent: Nadeau, Thacker. Also in attendance were Director of Community Development Napolitano, City Attorney Cahill, Deputy Clerk Kunzer. Approval of Minutes Approval of minutes was tabled to the next regularly scheduled Commission meeting. Public Hearing – SW McHenry LLC File No - Z-700 Variances 4919 Bull Valley Road Chairman Howell called to order a Public Hearing at 7:32 p.m. regarding File No. Z-700 a request submitted by SW McHenry LLC (a/k/a Windsor Development) for relief from the Zoning Ordinance as follows: 1. variance to allow multiple buildings on a zoning lot; and 2. variance from minimum lot width requirement. Chairman Howell stated the applicant is also seeking Final Plat approval for the Townhomes of Prairie Lakes Subdivision. Chairman Howell stated Notice of the Public Hearing was published in the Northwest Herald on January 31, 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 the following representing the applicants, who were sworn in by Chairman Howell: Stan Sumner of SW McHenry LLC Todd Budrant of SW McHenry LLC. Mr. Sumner stated the applicant is seeking variances which will accommodate the townhome development along Bull Valley Road known as the Townhomes at Prairie Lakes. He noted if the variances are granted, it would eliminate the need for multiple easements for each of the 180 units in the development. Mr. Sumner also stated the Final Plat before the Commission for review this evening is in substantial conformance with the Preliminary Plat previously approved by the Commission. Director Napolitano provided the Staff Report regarding this matter. He stated the variance requests are consistent with those granted to other townhome developments. Staff supports the requests. With regard to the final plat, Director Napolitano noted as the plat conforms to the approved preliminary plat, Staff recommends approval subject to the variances being granted. Chairman Howell invited comment and questions from the commissioners. Planning and Zoning Commission February 15, 2007 Page 2 In response to an inquiry regarding available parking in the subdivision, Mr. Sumner stated each unit has a two-car garage. In addition, there is space for two vehicles to park in the unit’s driveway. Mr. Sumner stated additional parking is available on the subdivision’s private roadway. Maximum time for parking a vehicle on the private roadway is limited to 24 hours by subdivision covenants. No overnight parking will be permitted on the ring road, the public dedicated right-of-way. No long-term storage of recreational vehicles or trucks would be permitted. Chairman Howell noted there was no Public Comment regarding this matter. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council that in regard to File No. Z-700, a request for the following variances be granted: 1. variance to allow multiple buildings on a zoning lot; and 2. variance from the minimum required lot width per unit; and That Table 32, Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau, Thacker. Motion carried 5-0. Motion by Cadotte, seconded by Schepler, to recommend to the City Council that the Final Plat of the Townhomes of Prairie Lakes Subdivision as prepared by Terra Technology Land Surveying Inc. with a latest revision date of January 16, 2007, subject to its being recorded within six months of Council approval. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau, Thacker. Motion carried 5-0. Chairman Howell closed the Public Hearing at 7:44 p.m. Public Hearing –Christian Khayat File No. - Z-697 Conditional Use Permit 2314 West Route 120 Chairman Howell at 7:45 p.m. convened a Public Hearing regarding File No. Z-697 a request for conditional use permit to allow outside seating for the restaurant located at 2314 West Route 120 as submitted by Christian Khayat. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on January 31, 2007. A Publisher’s Certificate of Publication is on file in the Office of the City Planning and Zoning Commission February 15, 2007 Page 3 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 was Irene Edgar, architect for the project, who was sworn in by Chairman Howell. Also in attendance were the following Objectors/Observers: 1. Laura Domoto, 4015 Monica, Crystal Lake, IL 2. John Kay, 2311 Country Lane, McHenry IL 3. Robert Grom, 2309 Country Lane, McHenry IL. Ms. Edgar stated the restaurant/bar and property located at 2314 West Route 120 is under new ownership and is currently in the process of being remodeled. She noted the owner has a good reputation for managing high class restaurants in the area. The request before the commissioners this evening is for a conditional use permit to allow the owner to have outside seating at the southwest corner of the building. Ms. Edgar pointed out a cross-access easement agreement is in place with the property owner to the west in order to provide access and additional parking for the restaurant. Mr. Khayat has also recently purchased the Tool Land property, located two lots west of the subject property. Mr. Khayat intends to implement valet parking utilizing his Tool Land lot for additional parking needs. Director Napolitano provided the Commission with a Staff Report regarding this matter. He stated the applicant is seeking a conditional use permit to allow outside seating for his restaurant. The proposed outside seating area is located on the southwest corner of the building adjacent to the bar area. Mr. Khayat is in the process of doing extensive renovations to this property. Staff expressed concern regarding the close proximity of adjacent residences, especially regarding possible noise which could be generated by restaurant customers in the proposed outside seating area. However, as the proposed site for the outside seating is located as far away from existing residences as possible, Staff supports the request. Chairman Howell invited questions by the commissioners. In response to an inquiry, Ms. Edgar affirmed the outside seating area is located on the southwest corner of the building, adjacent to the restaurant’s bar/lounge. The capacity of the area would be 20 patrons. Ms. Edgar noted access to the outside seating area would be solely from within the building as the outside seating area would be separated from the parking lot by a brick/trellis structure. Some discussion followed regarding clarification of the access points to the building and how access would be gained to the proposed outside seating area. It was noted there are two outside entries for customers to the establishment: 1. south side entrance to the bar/lounge; 2. west side entrance to restaurant/hostess area. Chairman Howell invited questions and comments from the audience. The following were sworn in prior to speaking to the Commission: Planning and Zoning Commission February 15, 2007 Page 4 Laura Domoto: Ms.Domoto stated she is speaking on behalf of her parents whose residence abuts the subject property to the north. She stated her parents have resided in their home for 50 years. They are requesting the business promise to be good neighbors. The previous occupants of the subject property have caused problems for the residents of the area. Ms. Domoto asked that the fence currently in a state of disrepair, along the north property line, be mended to provide a means of screening the subject property from her parent’s home. Ms. Domoto also expressed concern regarding her parents’ diminished property values and privacy issues relating to the restaurant’s outside seating. Ms. Domoto noted a second area of concern is noise generated by the customers in the outside seating area. She stated her parents request that the outside seating area be closed at 10 p.m. Ms. Edgar responded to Ms. Domoto’s comments, noting additional landscaping is being proposed to assist in screening the restaurant from adjacent residences. The issue of the maintenance of the fence has not been previously addressed by Staff. She stated she would bring it to the owner’s attention. Ms. Domoto suggested there would be more noise generated by patrons/vehicles in the parking lot than by customers in the outside seating area. She also mentioned noise generated by traffic along Route 120 would be much louder than the conversation of customers in the seating area. Chairman Howell closed Public Comment regarding this matter. In response to an inquiry by the Commission, Ms. Edgar stated the applicant is proposing disk jockey entertainment. Any live entertainment would require additional permitting by the City. Motion by Ekstrom, seconded by Schepler, with regard to File No Z-697, to recommend to the City Council that a conditional use permit to allow outside seating for the restaurant located at 2314 West Route 120 be granted; 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, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau, Thacker. Motion carried 5-0. Comments by Commissioners: Buhrman: Staff presentation to City Council should include more detail and clarification regarding the outside seating area and call attention to the fence repair issue. Cadotte: Clarification should be made as to how garbage will be stored on the site and property maintenance in general. The Public Hearing was closed at 8:07 p.m. Planning and Zoning Commission February 15, 2007 Page 5 Public Hearing – Petroliance (Boncosky Oil) File No. Z-698 Conditional Use Permit 4019 West Main Street Chairman Howell at 8:08 p.m. convened a Public Hearing regarding File No. Z-698 a request for conditional use permit to allow outside storage of bulk fuel as submitted by Petroliance formerly known as Boncosky Oil for their property located at 4019 West Main Street. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on January 26, 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 the following, who were sworn in by Chairman Howell: Michael Bryant, Petroliance; Attorney Peter Bazos; Engineer Jon Marinas; Local Petroliance representative/agent Neal Miller. Attorney Bazos stated the applicant has been conducting a fueling business at its present location since the 1960’s. As there was no record on file of a conditional use permit having been issued for bulk fuel storage at the site, Staff recommended the applicant seek a conditional use permit at this time, as they are requesting authorization to increase the number of bulk fuel storage tanks on the premises. Attorney Bazos noted the applicant intends to provide landscape screening and improve the overall aesthetics of the property. Mr. Bryant noted Petroliance provides 24-hour fueling which is chiefly utilized by the City and McHenry Township Fire Protection District. All City departments, especially the Police Department, avail themselves of self-service fueling for their vehicles. Mr. Bryant stated it is Petroliance’s intent to expand to eight bulk fuel storage tanks. Fencing and landscape screening will be added. Emergency backup electrical supply will be installed to ensure fueling capabilities during a power outage. Mr. Bryant stated it is Petroliance’s goal to provide a safe environment for fueling commercial fleet vehicles. He noted the company intends to upgrade the building cosmetically as well. Mr. Bazos noted the City of Elgin has recognized Boncosky Oil for providing low energy environmentally-friendly fuel to fleet commercial vehicles, particularly police and fire department vehicles, in the community. Director Napolitano provided the commissioners with a Staff Report regarding this project. He noted the applicant has worked very closely with Staff through the application process. The site has been used for this purpose for many years. The proposed landscaping and screening as well as cosmetic building improvements will greatly enhance the site. Staff supports the request for the conditional use permit. Planning and Zoning Commission February 15, 2007 Page 6 Chairman Howell invited comments and questions from the commissioners. Responding to an inquiry, Mr. Marinas stated the fencing would be board-on-board privacy fence. In response to a question, Mr. Bryant stated there are no cash sales on the premises. Sales are by Boncosky fleet cards (for municipal or fired department vehicles, or other commercial vehicles) or by bank cards. In response to Chairman Howell’s inquiry, there were no public comments or questions. Motion by Cadotte, seconded by Buhrman, with regard to File No. Z-699, a request for conditional use permit to allow bulk fuel storage on the property located at 4019 West Main Street, as submitted by Petroliance (Boncosky Oil Company) be granted; 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, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau, Thacker. Motion carried 5-0. Chairman Howell closed the Public Hearing at 8:20 p.m. Public Hearing – Pablo Gomez File No. Z-698 Conditional Use Permit 908 North Front Street Chairman Howell at 8:23 p.m. opened the Public Hearing regarding a request for conditional use permit to allow motor vehicle repair and associated outside storage of vehicles in conjunction with the business located at 908 North Front Street as submitted by Pablo Gomez. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on January 26, 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 the following, who were sworn in by Chairman Howell: Pablo Gomez, applicant; Michael Kinder, interpreter for the applicant. Director Napolitano provided the commissioners with a Staff Report regarding this matter. He noted the subject property is a multi-tenant building which formerly housed the Gary Lang Auto Group. There is currently a motorcycle repair shop on the east end of the building. The proposed Planning and Zoning Commission February 15, 2007 Page 7 use would be compatible with existing uses in the building. Director Napolitano opined this is a tough site to fill. However, the close proximity to other auto repair facilities makes this proposed use acceptable for the building. He stated it is better to have the building occupied than to have portions left vacant. Director Napolitano stated the proposed use would require improvements on the interior of the site. The applicant has submitted building permit application to improve the portion of the building which would house the business. Director Napolitano stated Staff recommends limiting the number of vehicles stored outside to those vehicles awaiting repair or those vehicles which have been repaired and are awaiting customer pickup. In addition, Staff recommends no more than six vehicles be stored outside on the premises. No vehicles currently being repaired should be stored outside. Staff supports the request subject to the conditions specified. Chairman Howell invited commissioners’ questions and comments. Responding to an inquiry, Mr. Gomez agreed through his interpreter to have the outside storage area striped to indicate no more than six storage spaces. In response to a question, Mr. Gomez stated through his interpreter that this is his first time operating this type of business. There was no public comment or questions regarding this matter. Motion by Cadotte, seconded by Buhrman, with regard to File No. Z-698, a request for a conditional use permit to allow a motor vehicle repair facility with outside storage of vehicles on the premises located at 908 North Front Street as submitted by Pablo Gomez, be granted subject to the following conditions: 1. the conditional use permit shall be null and void if the more vehicle repair shop and associated outside storage ceases operation for ninety (90) consecutive days; 2. the outside storage shall be limited to six (6) vehicles that have been dropped ff for repair or are waiting to be picked up after being repaired; 3. no vehicles currently under repair shall be stored outside; 4. the location of these vehicles shall be limited to just outside the tenant space, along the north side of the building, or along side the existing chain link fence to the rear of the property; 5. outside storage parking spaces shall be striped to ensure no more than six (6) vehicles shall be stored outside on the premises; 6. the applicant shall obtain all necessary building and occupancy permits to operate his business; 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, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau, Thacker. Planning and Zoning Commission February 15, 2007 Page 8 Motion carried 5-0. Comments by Commissioners: Chairman Howell: Expressed concern regarding this property. He opined the proposed use is not an aesthetic benefit to the community. Although he has concerns, these issues are not relevant to the petition before the commissioners at this time. Chairman Howell closed the Public Hearing at 8:40 p.m. Other Business Some discussion occurred regarding the need for non-partial interpreters during public hearings when the applicant does not speak English. It was suggested in the future when an application involves non-English speaking petitioners, the City secure the services of an impartial interpreter. This service would be paid for from the applicant’s retained personnel fund. Director Napolitano stated the Commission agenda on March 1st will include a request for conditional use for outside seating at Dunhill’s Restaurant. The March 15th agenda will include a request to annex and zone a single parcel along Lincoln Road. Adjournment Motion by Cadotte, seconded by Schepler, to adjourn the meeting at 8:44 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau, Thacker. Motion carried 5-0. The meeting was adjourned at 8:44 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary