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HomeMy WebLinkAboutMinutes - 03/06/2003 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION March 6, 2003 The March 6, 2003 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:33 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Ekstrom, Franzen (arrived at 7:42 p.m.), Howell, Nadeau (arrived at 8:02 p.m.),Thacker. Absent: Cadotte. Staff in attendance: City Planner Martin, City Attorney Cahill, Deputy Clerk Kunzer. Approval of Minutes Motion by Buhrman, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission: February 6, 2003 regularly scheduled meeting February 20, 2003 regularly scheduled meeting as presented. All ayes. Motion carried. Public Hearing: McHenry Hotel Partners File No: Z-574 1555 S. Route 31 Chairman Howell at 7:36 p.m. called to order the Public Hearing regarding the Petition filed by McHenry Corporate Center for a use variance for the property located at 1555 South Route 31. In attendance, on behalf of the Applicant, were Attorney Thomas Zanck of Militello, Zanck and Coen; Scott Dixon of McHenry Corporate Center Inc.; Marc Munaretto of McHenry Corporate Center Inc. 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 February 19, 2003. Publisher’s Certificate of Publication is on file in the Office of the City Clerk. Attorney Zanck stated the subject property is located within the McHenry Corporate Center, northeast of the Hampton Inn, and is comprised of approximately 1.76 acres. The request before the Commission this evening is for a use variance to allow the construction and operation of a restaurant service alcoholic beverages and having live entertainment. Attorney Zanck noted the intent is to locate an upscale restaurant on the site. The property is zoned I-1 Industrial subject to the terms of an annexation agreement which permits an establishment having live entertainment and a restaurant serving alcoholic beverages. Since there is no provision in the agreement for an establishment serving alcoholic beverages and having live entertainment, it was Staff’s recommendation to seek a use variance. City Planner Martin provided the Commission with an overview of the Applicant’s request. He noted the Applicant is seeking a use variance to allow the construction and operation of a restaurant serving alcoholic beverages and having live entertainment on the premises. It is Staff’s recommendation to grant a use variance as the proposed upscale restaurant would be a good fit for this location. Commissioner Franzen arrived at 7:42 p.m. Chairman Howell opened the floor to questions of the Applicant from the Commission. Page 2 P&Z Commission 3/6/03 In response to an inquiry, Mr. Dixon noted the onsite traffic pattern dictates the access location to the restaurant property. The access could therefore not be relocated further to the west. Mr. Munaretto informed the Commission the restaurant is being proposed by New York Prime Inc., which owns several upscale restaurants including Seasons of Long Grove, in Long Grove, Illinois. In response to an inquiry, Mr. Munaretto stated there would be a private dining room capable of seating approximately 80 people, as well as a smaller dining room for 10-12 patrons. There would not be a large banquet facility. The facility would include a full bar. The exact hours of operation are not know at this time. It is possible the restaurant would be open for lunch as well as dinner. A tentative menu has been selected which would reflect lower-end upscale dining. The proposed live entertainment would provide ambiance and background music for the facility. Chairman Howell invited questions from the audience and noted there were none. Motion by Nadeau, seconded by Buhrman, with regard to File No. Z-574, to recommend to City Council the approval of the Applicant’s request for use variance to permit the construction and operation of a restaurant serving alcoholic beverages and having live entertainment, be granted, subject to the condition that the site is developed in substantial conformance with the landscaping plan and elevations as submitted with the application; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:55 p.m. Public Hearing: Riverwalk Place File No. Z-573 3316-3412 Waukegan Road Chairman Howell at 7:56 p.m. opened the Public Hearing regarding File No. Z-573, a petition filed by Lanco Development for zoning amendment and variances for the property located at 3316-3412 West Waukegan Road. Interested observers in the audience were: John Baehman, 4704 Patty Lane, Ringwood IL 60072 Jerry and Susan Danko, 1813 N. Woodlawn, McHenry IL 60050 Heather Smith, 3208 West Waukegan Road, McHenry IL 60050 Neal Rotherberg, 3411 West Waukegan Road, McHenry IL 60050. In attendance was Applicant Curt Langille of Lanco Development, developer of the project. Chairman Howell swore in 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 Page 3 P&Z Commission 3/6/03 Northwest Herald on February 19, 2003. Publisher’s Certificate of Publication is on file in the Office of the City Clerk. Mr. Langille stated the subject property is comprised of approximately 1.69 acres. There are currently two abandoned houses and a garage located on the site. All three buildings would be removed. Mr. Langille stated he is proposing to construct five buildings each containing 4 upscale luxury townhomes. There will be a total of 20 units. The anticipated market cost is in the $320,00-$350,000 range, dependent upon available options Mr. Langille noted he has been working on this project for the past two years. The project was initially inspired by the City’s intent to construct a Riverwalk and the utilization of a TIF District to revitalize the downtown area. Mr. Langille informed the Commission, if the zoning is approved, and following Final Plat approval, he hopes to acquire building permits and begin construction in June. City Planner Martin provided the Commission with an overview of the Applicant’s request. He noted the request is actually comprised of three parts: • Zoning amendment from O-1 Local Office to RM-2, High-Density Multi-Family Residential; • Variances to allow multiple buildings on a single zoning lot, as well as front, side and rear building setback variances; • Preliminary and Final Subdivision Plat Approval. Planner Martin, the first two items will be addressed during the Public Hearing. Preliminary and Final Plat approval do not require the parameters of the Public Hearing. Planner Martin noted the proposed site is a very unique property along the Boone Lagoon waterfront. He stated the City ordinance does not provide for this type of development, with 0’ setbacks in the downtown district. Therefore, several bulk area setback variances are being requested in order to accommodate the development. There is also a private lane which runs through the property. The private lane will be vacated by the developer. Planner Martin further stated the Riverwalk Place Project is the first actual Riverwalk Project which will benefit from the City’s TIF District. He pointed out the subject property is a very constrained site. Land will be dedicated for the Riverwalk along the lagoon, as well as land between buildings 3 and 4 for construction of a pedestrian walkway bridge across the Boone Lagoon. In conclusion, Planner Martin noted it is Staff’s recommendation that Riverwalk Place, and both the Preliminary and Final Plat be approved as submitted. Chairman Howell invited questions from members of the Commission. In response to an inquiry, Mr. Langille stated he anticipates beginning construction of the first three buildings as soon permits are issued. Once a building is started, he would complete. No partially constructed buildings would be left unfinished for any period of time. Each of the twenty units would have its own slip on a pier. The piers would be deeded to the property owners and would be constructed pursuant to the Riverwalk design guidelines. There would be a homeowners association which would be responsible for the maintenance of all common areas, including the piers on Boone Lagoon. The rights of slip rental would be addressed within the covenants for the project. Page 4 P&Z Commission 3/6/03 In response to further inquiry, Planner Martin stated Trkla, Pettigrew, Allen and Payne (TPAP) has reviewed the project from an economic standpoint. The proposed project will benefit the TIF District. As no specific design has yet been determined for the Riverwalk, the Applicant will not construct the Riverwalk on the premises until such time as the City decides the construction and design guidelines. It is anticipated the Riverwalk will not actually be constructed for at lest one year. In response to inquiries regarding parking, Mr. Langille stated parking requirements will be met and exceeded on the project. Each unit will have a two car garage, plus room for two vehicles to park on the drive in front of the building. All units will be constructed on a slab. There will be no basements. Some discussion followed regarding the dedication of the private road to the City of McHenry so that street maintenance would be addressed by the City. All five buildings would be addressed on Waukegan Road. It was the consensus of the Commission that the private road which forks to the north at the end of dedicated Waukegan Road, should be improved to City standards, and dedicated to the City of McHenry. An inquiry was made as to the status of the Central Wastewater Treatment Plant. Planner Martin stated no decision has been made with regard to the City’s retention of the Central Wastewater Treatment Plant or its possible closing and rerouting of sewerage to the South Wastewater Treatment Plant. Applicant Langille, in his closing statement, noted he has been actively pursuing this project for the past two years. He is excited to bring this upscale town home project to the City and to be involved at the initiation of the Riverwalk in the City of McHenry. Chairman Howell invited questions and/or comments from the audience. Neal Rothenberg of 3411 West Waukegan Road, addressed the Commission, inquiring if there was a potential to change the name of Waukegan Road. Planner Martin stated there would be no name change. Mr. Rothenberg inquired if the City would be widening and/or enhancing Waukegan Road, as this could potentially impact his property. Planner Martin stated it is possible the City would improve the roadway, particularly if the private roadway is dedicated to the City of McHenry. Jerry Danko of D’s Marine, stated the address of parcels along the private road has been designated “Waukegan Road” even though the roadway is not shown as Waukegan Road on any plat or map. He noted even though the Marina is not actually located along Waukegan Road, he has been receiving mail for years at 3302,2204, and 3308 Waukegan Road. Motion by Nadeau, seconded by Franzen, with regard to File No. Z-573, to recommend to the McHenry City Council that the property located at 3316-3412 West Waukegan Road be reclassified to RM-2 High Density Multi-Family Residential Zoning District; and that Table 33, the Approval Criteria for Zoning Map Amendments, page 401 of the Zoning Ordinance, has been met. Page 5 P&Z Commission 3/6/03 Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Motion by Buhrman, seconded by Nadeau, with regard to File No. Z-573, to consider all variance requests by Applicant Lanco Development for the property located at 3316-3412 West Waukegan Road in one motion. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Motion by Nadeau, seconded by Franzen, with regard to File No. Z-573, to recommend to the McHenry City Council that the following variances be granted to Lanco Development for the property located at 3315-3412 West Waukegan Road: • To allow five buildings on a single zoning lot; • Front yard building setback from required 30’ to 6’; • Side yard building setback from required 15’ to 5 feet; • Rear yard building setback from required 25’ to 0’. and that Table 32, Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Chairman Howell closed the Public Hearing at 8:36 p.m. Preliminary and Final Plat Approval Riverwalk Place – Lanco Development Noting the development was fully explored during the Public Hearing, it was the consensus of the Commission to defer further comment at this time. However, it was the consensus of the Commission to recommend to Council that Waukegan Road be fully improved and dedicated to the City in its entirety from its point of inception east to the Central Wastewater Treatment Plant. Motion by Franzen, seconded by Nadeau, to recommend to the McHenry City Council that • the Preliminary Plat of Riverwalk Place Subdivision prepared by Smith Engineering with a revision date of 2/17/03 be approved as presented; • the Final Plat of Riverwalk Place Subdivision prepared by Smith Engineering and dated 2/13/03 be approved as presented Page 6 P&Z Commission 3/6/03 with the stipulation that all Staff concerns are addressed prior to presentation to City Council for consideration; and that the Final Plat be recorded within six months of Council approval. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Other Business Chairman Howell reported he and members of the Commission have been invited to attend the swearing-in ceremony of State Senator Pamela Althoff at 2 p.m. at the McHenry County Court House as well as the press conference scheduled for 3 p.m. at the Court House front entrance. Chairman Howell also reported he had recently met with City Administrator Maxeiner, Director Community Development Napolitano, Adjudication Officer Harry Semrow and Mayor Althoff. The Mayor has indicated she would like the Commission to take on additional responsibilities as an Aesthetics Committee for the City. Details have not yet been worked out. The matter is being presented to the Commission this evening for input. Chairman Howell stated the purpose of the Aesthetics Committee would be threefold: • Creating aesthetics standards for new construction projects; • Developing beautification standards for existing development; • Enforcement of existing City ordinances. Chairman Howell noted unless there is enforcement, the aesthetics committee would not be able to accomplish anything. City Administration assured Chairman Howell that enforcement will be pursued more aggressively by Staff. It was noted the Plan Commission previously explored the implementation of an Appearance Code. Information was obtained from various neighboring communities with regard to appearance standards and establishment of a review board and procedures. Suggestion was made to include the expertise of the City Forrester on the Aesthetics Committee. It was further suggested that sign standards be addressed within the purview of the Aesthetics Committee. A lengthy discussion followed regarding the lack of enforcement regarding existing code violations. It was noted the City is currently reactive. Chairman Howell stated it is the intent of Administration to become more proactive with regard to code violations. Motion by Nadeau, seconded by Thacker, to endorse the expansion of the Planning and Zoning Commission’s duties to include Aesthetics Standards review and enforcement, specifically as it relates to the implementation of an Aesthetics Committee charged with: • Creating aesthetics standards for new construction projects; • Developing beautification standards for existing development; • Enforcement of existing City ordinances and codes. Page 7 P&Z Commission 3/6/03 Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. The Commission went on record suggesting the aesthetics of the City be improved with regard to cleaning Boone Creek and Boone Lagoon in conjunction with implementation of the Riverwalk Project along the creek and river. Chairman Howell stated the Mayor asked him to express to the Commission that although their role is advisory to Council, the Commission should not hesitate to make recommendations outside their purview. All comments and concerns will be duly noted by Council. Commissioner Buhrman reported he attended a meeting of the Boone Creek Watershed Alliance and that more information will be provided to the Commission at the next Commission meeting. Planner Martin reported the City has begun the process to update the Comprehensive Plan, particularly the Existing Land Use Map and Future Land Use Map. The matter is currently before the Community Development Committee for review and comment. Eventually the revisions will be presented to this Commission for input and recommendation. The City’s zoning map is in the process of being updated and will be published before march 31st as required by State Statute. The Illinois State Bank proposal received Council approval. Both State Bank of the Lakes proposal and the Randall Annexation will be presented to Council for approval on March 17th. Planner Martin updated the Commission on upcoming Agenda Items: March 20th Rodney Schuh’s conditional use request for piers and boat lifts Papa Savarios Pizza conditional use in McHenry Grounds April 3rd Recessed DeCarlo use variance request Corvette repair shop in Adams Business Park April 17th Dunkin Donuts conditional use request for drive-thru and expansion. Concorde Development Morgan Hills Preliminary Plat May 1st Hallmark Homes Planner Martin reported the Ricker Subdivision north of the Municipal Center is finally being developed. All commissioners are invited to attend the sneak preview at the Hampton Inn on Monday, March 17th. Invitations were distributed by Planner Martin. Commissioners inquired as to the status of the Liberty Square development on the southwest corner of Shamrock Lane and Route 31. Planner Martin noted at this time the only entity on the Page 8 P&Z Commission 3/6/03 premises is Amcore Bank. It is uncertain of the status of the Snapper John Restaurant or other tenants of the site at this time. Additionally, Planner Martin noted the Gary Lang Subdivision has not been recorded as of this time. Cassie Estates Subdivision was purchased by Hunter Homes and the Final Plat was recently recorded. Some discussion followed regarding Gary Lang’s property and the numerous vehicles being parked on unpaved surfaces. In light of the Mayor’s suggestion that the Commission be more involved in community aesthetics and code enforcement issues, it was the consensus of the Commission to direct Staff to investigate the violations on the Gary Lang property. Motion by Thacker, seconded by Buhrman, to advise Staff of the glaring vehicle parking violations on the Gary Lang Property, and that Staff report back to the Commission on the status of the enforcement of the code violations. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Adjournment Motion by Franzen, seconded by Nadeau, to adjourn at 9:25 p.m. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker.. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. 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.