HomeMy WebLinkAboutMinutes - 02/20/2003 - Planning and Zoning Commission
Minutes of the City of McHenry
PLANNING AND ZONING COMMISSION
February 20, 2003
The February 20, 2003 Meeting of the City of McHenry Planning and Zoning Commission was
called to order by Chairman Howell at 7:34 p.m. in the Council Chambers of the McHenry
Municipal Center. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Franzen,
Howell, Nadeau (arrived at 8:02 p.m.). Absent: Thacker. Staff in attendance: City Planner
Martin, City Attorney Cahill, Deputy Clerk Kunzer.
Approval of Minutes
Motion by Buhrman, seconded by Cadotte, to approve the minutes of the January 23, 2003
regularly scheduled Planning and Zoning Commission Meeting as presented. All ayes. Motion
carried.
Public Hearing: Mercy Health System
File No: Z-570
818 S. Route 31
Chairman Howell at 7:36 p.m. called to order the Public Hearing regarding the Petition filed by
Mercy Health System for zoning reclassification, variances, use variance, and Preliminary Plat
approval for the property located at 818 South Route 31 and 905 South Route 31 upon
annexation to the City.
In attendance were interested parties:
Mary Lou Madsen, 811 Amberwood Place, McHenry Il 60050
Charlie Madsen, 811 Amberwood Place, McHenry IL 60050
Charlie Marek, 909 Amberwood Place, McHenry IL 60050.
Also in attendance, on behalf of the Applicant, were Attorney Lisa Waggoner of Waggoner and
Waggoner; David Kurtz of Mercy Health System; Richard Gruver of Mercy Health System; and
Christopher Schmitt of Condon Consulting Engineers. Chairman Howell swore in the witnesses
for the Applicant.
Chairman Howell stated all notification requirements were met pursuant to City Ordinance. An
Affidavit of Service is on file in the Office of the City Clerk. Notice was published in the
Northwest Herald on January 20, 2003. Publisher’s Certificate of Publication is on file in the
Office of the City Clerk.
City Planner Martin provided the Commission with an overview of the Applicant’s request:
1. Zoning classification to O2 Office Park upon annexation to the City;
2. Variance as to:
a. Lot width on Lot 7 from 200’ to 169.07’
b. Lot width on Lot 3 from 100’ to 23.74’
c. Lot area of Lot 7 from 40,000 to 38,873 square feet;
3. Use Variance to permit existing residential use on Lot 2;
4. Preliminary Plat approval of seven lot subdivision known as Professional Plaza
Subdivision.
Planner Martin noted the Applicant, Mercy Health System, is planning to develop Lot 1
comprised of 3.09 acres, as a full service Health Clinic. Currently there is an office building
with associated uses on Lot 7 and Lot 3. Lot 2 contains a residential dwelling. The Applicants
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are seeking a use variance to permit the continued residential use. Staff is recommending a 3-
year sunset clause be applied to the use variance.
Attorney Waggoner opened the presentation, noting Mercy Health System is the developer and
driving force behind this project. The seven-lot subdivision is actually a joint venture among
four owners, one of which is Mercy Health System. At this time there are no potential users for
vacant lots 4, 5 and 6. Currently there exists a multi-use office building on Lot 7, an attorney’s
office on Lot 3, and a residential dwelling on Lot 2.
Attorney Waggoner stated Professional Plaza Drive has been constructed according to Nunda
Township standards and has been dedicated to Nunda Township. The road would be upgraded to
City standards if the property is annexed to the City.
Mercy Health System is proposing to construct a 20,000 square foot medical office building on
Lot 1. Mr. Gruber provided the Commission with a brief history of the Mercy Health System
network, noting several facilities are already in place in McHenry County. The flagship facility is
located in Janesville, Wisconsin. It is Mercy’s philosophy to create a one-stop shopping concept
for medical services. To that end a varied mix of physicians, surgeons and specialists are
amassed for each facility to provide a wide range of services to the clientele. Mr. Gruber noted at
this time it is not certain whether urgent care will be provided at the McHenry site.
Attorney Waggoner stated the proposed zoning is in compliance with the City’s Comprehensive
Plan. However, due to the existing development of Lots, 2,3, and 7 it was difficult to make all
seven lots conform to the City’s Subdivision Control Ordinance. Consequently, variances are
being sought as to lot area for Lot 7, lot width for Lots 2,3, and 7. Attorney Waggoner also
pointed out there is an existing 24’cross-access easement in place for Lots 2 and 3.
With regard to the Preliminary Plat, Attorney Waggoner stated Professional Plaza Drive would
be brought into conformance with the City’s Subdivision Control Ordinance. The subdivision
would be served by municipal water and sewer. All ordinance requirements as to surface water
run-off and drainage would be met. In conclusion, Attorney Waggoner stated the Professional
Plaza Subdivision is comprised of 10 acres, and would be a seven-lot subdivision.
Commissioner Nadeau arrived at 8:02 p.m.
Some discussion occurred regarding the cross-access easement between Lots 2 and 3. It was
Staff’s determination that both Lots 2 and 3 have adequate room to meet ordinance parking
requirements. Further discussion occurred regarding drainage and the potential loss of detention
if the roadway connection to the south in the Outlot was constructed. The Commission expressed
concern regarding the cost of raising the dedicated right-of-way to roadway elevation from the
detention basin level. The Commission inquired as to who would be responsible for underwriting
the cost of raising the elevation to accommodate a roadway connection to the land to the south of
the subject property. As the property to the south would benefit from the roadway connection, it
was the contention of the developer that detention lost in the Professional Plaza Subdivision due
to the construction of the roadway would be made up in the development to the immediate south
of this subdivision.
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In response to Commission inquiry, Attorney Waggoner stated Mercy Health Systems would
connect to City utilities immediately as their facility is constructed. However, the existing
properties would connect when their private well or septic failed. In response to further inquiry,
it was noted there will be a 12” water main from Route 31 east to Amberwood Place, in order to
loop the existing City system. The sewer line is already in place and accessible at Amberwood
Place.
Attorney Waggoner stated the Applicant concurs with the three-year sunset clause for the
residential use on Lot 2. Some discussion followed regarding the access to and egress from Lot
7, the existing multi-tenant office building. The Commission suggested there be no direct entry
from Route 31 to Lot 7, but that entry to the lot be attained from Professional Plaza Drive. The
Commission further suggested the exit from Lot 7 onto Route 31 be right turn only citing safety
reasons.
In response to Commission inquiry, Mr. Gruber stated he did not anticipate any cross-traffic
between the Mercy Health System facility and Centegra facility. Both establishments would
operate independently.
Chairman Howell invited questions from the audience.
Chuck Marek of 909 Amberwood Place inquired why the developer needed to secure an
easement through his property. Mr. Schmitt responded noting the City is requesting the
installation of a 12” water main from Route 31 to Amberwood Place so that the water system is
looped at this location. In order to accomplish this a 5’ easement on an Amberwood Place
property is needed.
Discussion occurred regarding the sunset clause for the residential use on Lot 2. It was the
consensus of the Commission to require the demolition of the residential structure at the
termination of the use variance in three years.
In her closing argument, Attorney Waggoner stated the Applicant has worked closely with Staff
to provide the best possible configuration for this subdivision. The Applicant is requesting that
the zoning reclassification, variances, use variance and Preliminary Plat approval be granted as
requested.
City Attorney Cahill suggested the Commission address the Applicant’s request as four separate
motions: 1. zoning; 2. variances; 3. use variance; 4. Preliminary Plat.
Motion by Cadotte, seconded by Franzen, with regard to File No. Z-570, to recommend to City
Council the approval of the Applicant’s request for zoning reclassification to O2 Office Park
upon annexation to the City of the property located at 818 South Route 31 and 904 South Route
31; and that Table 33, the Approval Criteria for Map Amendments, Page 401 of the Zoning
Ordinance, has been met.
Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Thacker.
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Motion carried 6-0.
Motion by Cadotte, seconded by Ekstrom, with regard to File No. Z-570, to recommend to City
Council the grant of variances to the property located at 818 South Route 31 and 904 South
Route 31, as follows:
Lot 7 Lot Width from required 200’ to 169.07’
Lot 3 Lot Width from required 100’ to 23.75’
Lot 7 Lot Area from required 40,000 sq. ft. to 38,873 sq. ft.;
and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance,
has been met.
Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Thacker.
Motion carried 6-0.
Commissioner Ekstrom stated she did not support the demolition of the structure following the
termination of the three-year sunset clause. Chairman Howell noted he concurred with
Commissioners who stated the structure should be demolished.
Motion by Cadotte, seconded by Buhrman, with regard to File No. Z-570, to recommend to City
Council the grant of a use variance to allow a residential dwelling on Lot 2 of the property
located at 818 South Route 31 and 904 South Route 31, for a period not to exceed three years
following Council approval, subject to the condition that the residential dwelling be demolished
immediately following the termination of the use variance; and that Table 32A, the Approval
Criteria for Use Variances, page 379 of the Zoning Ordinance, has been met.
Voting Aye: Buhrman, Cadotte, Franzen, Howell.
Voting Nay: Ekstrom, Nadeau.
Not Voting: None.
Abstained: None.
Absent: Thacker.
Motion carried 4-2.
Motion by Cadotte, seconded by Nadeau, to recommend to City Council that the Preliminary Plat
of Professional Plaza Subdivision prepared by Condon Consulting Engineers with a revision date
of January 15, 2003, be approved as presented.
Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Thacker.
Motion carried 6-0.
Chairman Howell closed the Public Hearing at 8:48 p.m.
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Public Hearing: Paul DeCarlo
File No. Z-572
5016 West Elm Street
Chairman Howell at 8:49 p.m. opened the Public Hearing regarding File No. Z-572, a petition
filed by Paul DeCarlo for a use variance for the property located at 5016 West Elm Street. At the
Petitioner’s request the Hearing is being recessed until March 20, 2003 at 7:30 p.m. in the
McHenry Municipal Center, Council Chambers. Chairman Howell requested a motion to that
effect.
Motion by Cadotte, seconded by Franzen, to recess the Public Hearing regarding File No. Z-
572, a petition filed by Paul DeCarlo for a use variance for the property located at 5016 West
Elm Street, McHenry, Illinois, until Thursday, March 20, 2003, at 7:30 p.m. in the McHenry
Municipal Center, Council Chambers.
Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Thacker.
Motion carried 6-0.
Chairman Howell recessed the Public Hearing at 8:50 p.m.
Other Business
Chairman Howell reported members of the Commission will be receiving a pay raise to $50 per
meeting effective with the 2003-2004 Fiscal Year. Chairman Howell, noted the Commissioners
should plan to meet on all scheduled meeting dates, regardless on whether a public hearing has
been scheduled. Matters such as Comprehensive Plan Update, Riverwalk Projects, Public
Aesthetics, etc. will be discussed when there is not a regular Agenda Item for consideration and
review.
Planner Martin updated the Commission on upcoming Agenda Items:
March 6th TIF Riverwalk Project including 20 townhomes
Steak House adjacent to the Hampton Inn
March 20th Rodney Schuh’s conditional use request for piers and boat lifts
Papa Savarios Pizza conditional use in McHenry Grounds
Recessed DeCarlo use variance request (could move to April 3rd)
April 3rd Dunkin Donuts conditional use request for drive-thru and expansion.
Planner Martin reported the State Bank of Illinois, the State of the Lakes Bank and the C & A
Leasing Outdoor Storage projects are all moving forward.
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Adjournment
Motion by Cadotte, seconded by Ekstrom, to adjourn at 8:58 p.m.
Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Thacker.
Motion carried 6-0.
Respectfully submitted,
_________________________________
Kathleen M. Kunzer, Secretary
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.