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HomeMy WebLinkAboutMinutes - 03/20/2003 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION March 20, 2003 The March 20, 2003 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:36 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Franzen. Staff in attendance: City Planner Martin, City Attorney Cahill, Deputy Clerk Kunzer. Approval of Minutes Motion by Nadeau, seconded by Ekstrom, to approve the minutes of the Planning and Zoning Commission: March 6, 2003 regularly scheduled meeting as presented. All ayes. Motion carried. Public Hearing: Paul DeCarlo File No: Z-572 5016 West Elm Street Chairman Howell at 7:37 p.m. called to order the Public Hearing regarding the Petition filed by Paul DeCarlo for use variance for the property located at 5016 West Elm Street. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-572filed by Paul DeCarlo for a variance for the property located at 5016 West Elm Street, to recess the Public Hearing until April 17, 2003 at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen. Motion carried 6-0. Chairman Howell recessed the Public Hearing at 7:38 p.m. Public Hearing: Todd Scott File No. Z-575 1777 North Richmond Road Chairman Howell at 7:39 p.m. opened the Public Hearing regarding File No. Z-575, a petition filed by Todd Scott for parking variance for the property located at 1777 North Richmond Road. In attendance were Todd Scott, local franchisee, and Dan Fortin, president of Papa Sevarios Pizza. Chairman Howell swore in the witnesses for the petitioner. 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 March 5, 2003. Publisher’s Certificate of Publication is on file in the Office of the City Clerk. Mr. Fortin stated he owns Papa Sevario’s Pizza. There are several franchises already located within McHenry County. He is proposing to locate a franchise in the McHenry Grounds shopping center. Mr. Todd would be the local franchisee. The restaurant would be carry-out Page 2 P&Z Commission 3/20/03 and/delivery only. There would be no eat-in seating available. Mr. Fortin noted the delivery to carry-out ratio is 70% to 30% for existing franchises and anticipates that would be the case for the McHenry restaurant. In response to an inquiry, Mr. Fortin stated there would most likely be five delivery vehicles on Friday nights, which is the busiest night of the week. Some discussion followed regarding delivery vehicles using the rear entrance to pick up pizzas for delivery. It was suggested utilizing the rear alley and restaurant entrance would free up available parking at the front of the building. However, concerns were raised as to the possible complaints regarding headlight pollution, noise, etc. which could be raised by abutting residents of Mill Creek Subdivision. In response to an inquiry, it was noted the average Friday night business would be approximately 100-110 orders. The available number of parking spaces at the front of the building would range from 5 to 10 dependent upon the hour of the day, and the use by patrons of adjacent businesses. City Planner Martin commented on the application, noting as no eat-in dining would be provided, the parking requirement of 23 spaces might be excessive. The applicants are seeking a reduction of 17 spaces. He noted as the hours of operation of the restaurant would differ from adjacent businesses, thereby providing additional parking, when the other businesses are not open. Referencing the Commission’s suggestion to utilize the alley behind the building for delivery vehicles, Planner Martin noted consideration should be given to possible complaints by the adjacent residences, lack of stacking space for the vehicles in the alley, and the presence of dumpsters and other obstacles. Lengthy discussion followed regarding the amount of parking available for the shopping center, the lack of seating within the restaurant, the varied hours of operation of shopping center businesses and the share parking within the center. Some discussion followed regarding the access points to the shopping center and the imminent McCullom Lake Road/Route 31 intersection improvements. It was the consensus of the Commission the access to Jiffy Lube onto McCullom Lake Road should not be altered from its current right-in right-out status. In response to Chairman Howell’s inquiry, there was no public comment with regard to the petition. Motion by Cadotte, seconded by Buhrman, with regard to File No. Z-575, to recommend to the McHenry City Council that the property located at 1777 North Richmond Road be granted a variance from the required 23 parking spaces to permit a reduction of 17 spaces, subject to the following conditions: • That there be no eat-in seating provided within the restaurant; • That delivery drivers be permitted to utilize the alley at the rear of the building as long as there is no stacking of vehicles and there are no complaints from adjacent residents or businesses due to light pollution or noise; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Page 3 P&Z Commission 3/20/03 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen. Motion carried 6-0. Chairman Howell closed the Public Hearing at 8:10 p.m. Public Hearing: Rodney Schuh File No. Z-545 2912-2914 West Route 120 Chairman Howell at 8:11 p.m. convened the Public Hearing regarding File No. Z-545, a petition filed by Rodney Schuh for a conditional use permit to allow the outside storage, assembly and display of piers and boat lifts at 2912-2914 West Route 120. In attendance were Attorney Steven Cuda, of Hamer, Schuh and Cuda; Applicant Rodney Schuh; and Property Owner John Oliver. Chairman Howell swore in all 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 March 3, 2003. Publisher’s Certificate of Publication is on file in the Office of the City Clerk. Attorney Cuda summarized the application noting the matter had previously been presented to the Commission in November of 2002. At that time, the applicant was encouraged to work with Staff to resolve some of the outstanding concerns expressed by the Commission. Since that time, the applicant has reconfigured the site plan for the proposed project, and is not proposing to conduct the assembly of boat lifts at the rear of the McHenry Welding property located at 2912 West Route 120. He noted both 2912 and 2914 West Route 120 are owned by John Oliver. Attorney Cuda stated the applicant does not require any showroom or sales staff for his business. The building located at 2914 West Route 120 would not be open to the public except on an appointment basis. In response to an inquiry, it was noted there are only about 5-10 customers coming to the location to inquire about boat lifts or piers on a weekly basis. Property owner John Oliver operates the McHenry Welding business on 2912 West Route 120. It was suggested the available parking at McHenry Welding would accommodate both the welding business and the boat lift/pier business. Attorney Cuda stated the applicant is willing to limit the outside display at the front of the property located at 2914 West Route 120 to: • One boat lift • One jet ski lift • One pier. Mr. Schuh stated once the boat lifts are assembled they are delivered immediately to the customers. In response to an inquiry, Mr. Schuh noted he accepts delivery of piers and unassembled boat lifts approximately bi-weekly during his busy season which begins on April 1st. He stated he sells approximately 4 lifts per week during the height of the season. Page 4 P&Z Commission 3/20/03 Mr. Schuh stated his willingness to comply with reasonable screening/landscaping requests and assured the Commission all assembly would occur behind the building. He is willing to stripe a “no parking” access drive for the residential dwelling located at the rear of the property. He also noted he has been working with Staff to determine a satisfactory landscape plan for the project. Mr. Schuh displayed photos of other properties located along Route 120 which appeared to be in violation of City code regarding outside display and impeding the public right of way with display and storage of merchandise. Planner Martin highlighted the Staff’s position with regard to the application, noting the three areas of concern are: • Access to the private residence; • Parking delineation and striping; • Aesthetics of the site. Planner Martin reminded the Commission of the code enforcement issues on the property, noting the property was annexed in 1995 as part of the City’s east of the river annexation. Each parcel which was annexed was granted allowances for pre-existing non-conformities. As the proposed conditional use was not in existence at that time, the City has the opportunity to improve the aesthetics of the site by implementing conditions/restrictions to the requested conditional use. It is Staff’s recommendation to deny the request unless the following issues are resolved: • Limit the outside display of merchandise; • Specify the signage permitted on the site • Determine the fence location • Address fence continuity • Address the outside appearance of the building, i.e. paint the structure • Building inspections required • Assure no other items be displayed other than those specifically stated in the granting of the conditional use • Delineate and stripe the parking spaces • Provide a detailed landscape plan • Implement a probationary period for the conditional use and provide for additional review and consideration by Council prior to extending the use for a specific period of time • Address the residence on the premises and assure direct access to it if the residence is permitted to remain; i.e. provide for “no parking” access lane. Attorney Cuda stated the applicant is amenable to working with Staff to resolve all outstanding concerns and is willing to accept a probationary period. Further discussion followed regarding the outside assembly of the boat lifts. Concerns were raised as to the applicant’s ability or willingness to conform to the restrictions placed upon the conditional use. The commission cited the applicant’s violation of City code in the past and expressed concern regarding the possible enforcement of the ordinance granting the conditional use. Page 5 P&Z Commission 3/20/03 Noting the applicant’s proposed expansion to the McHenry Welding property, the Commission expressed concern regarding the existing violations regarding the excessive outside storage on this site. It was pointed out there were in excess of 100 55-gallon drums stored outside on the premises behind McHenry Welding. This outside storage would prohibit the use of this area to assemble boat lifts. Attorney Cuda stated his willingness to meet with Staff to ascertain acceptable conditions and/or restrictions to be placed upon the proposed conditional use. Attorney Cahill suggested the applicant provide a detailed scaled site plan and landscape plan for inclusion as an exhibit to the ordinance granting the use. In response to Chairman Howell’s inquiry, there was no public comment regarding the application. Motion by Cadotte, seconded by Nadeau, to recommend with regard to File No. Z-545, the Public Hearing be recessed until May 1, 2003 at 7:30 p.m. at the McHenry Municipal Center Council Chambers, and that the applicant provide a detailed scaled site plan and landscape plan and meet with Staff to address the following concerns: • Limit the outside display of merchandise; • Specify the signage permitted on the site • Determine the fence location • Address fence continuity • Address the outside appearance of the building, i.e. paint the structure • Building inspections required • Assure no other items be displayed other than those specifically stated in the granting of the conditional use • Delineate and stripe the parking spaces • Provide a detailed landscape plan • Implement a probationary period for the conditional use and provide for additional review and consideration by Council prior to extending the use for a specific period of time • Address the residence on the premises and assure direct access to it if the residence is permitted to remain; i.e. provide for “no parking” access lane • Address the McHenry Welding property and its outside storage as it relates to this application • Inspect all buildings on the property for safety and soundness of structure. Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Thacker. Voting Nay: Ekstrom. Not Voting: None. Abstained: None. Absent: Franzen Motion carried 5-1. Chairman Howell recessed the Public Hearing at 9:17 p.m. Page 6 P&Z Commission 3/20/03 Other Business Motion by Nadeau, seconded by Cadotte, to direct Staff to investigate the violations brought forth by Applicant Rodney Schuh and initiate code enforcement proceedings regarding same. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen Motion carried 6-0. Inquiry was made as to the status of the parking violations on the Gary Lang property. Planner Martin provided the Commission with copies of correspondence sent to Mr. Lang regarding the issue. It was noted Mr. Lang intends to pave the parking area immediately south of his current site by Memorial Day. Planner Martin requested that with regard to future code enforcement complaints/issues, that members of the Commission contact either Director Napolitano or himself with a complaint or violation and provide, if possible, the address of the location in question. Planner Martin reported the City Council will consider the implementation of an Aesthetics Committee at its March 31, 2003 regularly scheduled Council Meeting. Planner Martin distributed the Prime Commercial Newsletter to the Commission. A copy of the March 2003 City Address and Zoning List was also provided to the Commission. Planner Martin also reported: • The Public Hearing regarding the Robert Randall Pre-Annexation Agreement was held by Council on March 3rd. • The City’s Zoning Map has been updated and new copies will be provided to the Commission at its next meeting. • The State Bank of the Lakes as approved by Council • Sign variances were granted to Extreme Jeep and Starbucks Restaurant • The Steak House adjacent to the Hampton Inn was approved by Council • Unincorporated islands of land will be annexed by the City in the near future. • The second TIF Project has been presented to Staff. This project involved the Eby Brown building which was recently purchased by Ron Bykowski. • The Adams Farm proposal is moving forward • The Riverwalk RFQ for Design Architect are moving forward • Snapper John’s is moving forward once again, but will occupy two retail spaces in Liberty Square as opposed to the original three spaces. • Concept Plans coming before Council in the near future include Deer Point (Budreck Farm) and a proposed apartment complex on the former Avonlea site. • Concord Homes Preliminary Plat will be presented on May 1st • North Gate Development is moving forward. Page 7 P&Z Commission 3/20/03 Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 9:45 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker.. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen. 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.