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HomeMy WebLinkAboutMinutes - 04/15/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION April 15, 2004 The April 15, 2004 meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:31 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Franzen. Also in attendance: Planner Martin, Deputy Clerk Kunzer, Attorney Rob Fetzner. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the Planning and Zoning Commission minutes as follows: • April 1, 2004 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen. Public Hearing: John and Pauline Warner File No. Z-611 5102 Malibu Ct Chairman Howell at 7:33 p.m. convened the Public Hearing regarding a request for variance to exceed the maximum allowable square footage for an accessory building as submitted by John and Pauline Warner for their property located at 5102 Malibu Court. In attendance representing the applicant were Attorney Steve Cuda and Petitioners John and Pauline Warner. Chairman Howell swore in Mr. Warner. Chairman Howell stated public notification requirements had been met. Notice was published in the Northwest Herald on March 30, 2004. A Certificate of Publication is on file in the Office of the City Clerk. Notification was made to all adjacent property owners. An Affidavit of Service is on file in the Office of the City Clerk. Attorney Cuda provided an opening statement in which he asserted the applicants are seeking a variance to permit an oversized detached garage in the rear yard of their property located at 5102 Malibu Court. The proposed garage exceeds the maximum allowable size by 200 square feet. The detached garage would be utilized to store two trucks and two boats as well as other recreational equipment. Attorney Cuda noted, as the subject property is a corner lot, the view of the garage from both Malibu Court and Crystal Lake Road would be shielded by existing fencing and/or landscaping. City Planner Martin provided an overview of the Staff Report regarding this petition. He noted the subject property is a pie-shaped lot. The proposed garage would be screened from public view. The applicants intend to meet all bulk area requirements. The requested variance as to the size of the garage is reasonable. Staff supports the applicants’ request for variance. P&Z Commission April 15, 2004 Page 2 Mr. Warner stated he hopes to construct a detached garage in his rear yard in which he would store motor vehicles, recreational equipment and his two boats. He noted the pie-shaped configuration of his lot prohibits the needed expansion of the existing attached garage to a size which would accommodate the storage of his vehicles and recreational equipment. Should the city permit a 1200 square foot detached garage, he would be able to store all of these items in it. Attorney Cuda went over the Approval Criteria for Variances as stated in the Petition. Chairman Howell invited questions and/or comments from the Commission. In response to an inquiry, Mr. Warner stated the driveway to the detached garage would be surfaced with 53 yards of concrete. Entrance to the rear drive would be from an extension of the existing drive off Malibu Court. There would be no direct access to Crystal Lake Road. Answering a question, Mr. Warner stated only routine maintenance on his trucks and boats would be done in the garage. The Commission expressed gratitude for the applicants’ effort to store his vehicles, boats and recreational equipment indoors. It was noted the Commission is concentrating its efforts on improving aesthetics in the community, particularly removing the outside storage of boats and recreational vehicles. Chairman Howell invited questions and/or comments from the audience. Richard Simek, 5104 Malibu Court, was sworn in by Chairman Howell. Mr. Simek stated his neighbors, the Warner’s, take great care of their property. The Warner’s have always been good neighbors. Mr. Simek stated his support of the Warners’ request for a variance to permit the oversized garage on their property. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-611, an application for Variance to permit a 1200 square foot garage on the property located at 5102 Malibu Court, as filed by John and Pauline Warner, that the request be granted; and that Table 32, the Approval Criteria for Variances, on pages 377-378 of the Zoning Ordinance, have been met. 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 7:45 p.m. P&Z Commission April 15, 2004 Page 3 Public Hearing: Gizmo Properties LLC File No. Z-612 3650 Charles Miller Rd Chairman Howell at 7:46 p.m. convened the Public Hearing regarding a request for use variance to allow additional uses for the property located at the northwest corner of Charles Miller Road and Green Street, as submitted by Gizmo Properties. In attendance representing the applicant were Attorney Sam Melei; Contract Purchaser Gizmo Properties represented by Kimberly Hinkle Gibson; Architect Tim Woolever of Ruck Pate Architecture. Chairman Howell swore in each of the applicant’s representatives. Chairman Howell stated notification requirements had been met. Notice was published in the Northwest Herald on March 31, 2004. A Certificate of Publication is on file in the Office of the City Clerk. Notification was made to all adjacent property owners. An Affidavit of Service is on file in the Office of the City Clerk. Attorney Melei provided the Commission with an opening statement, noting the subject property located immediate south of the municipal center is currently zoned O-1. The applicants are seeking a use variance to expand the list of permitted uses on this site. Attorney Melei stated the proposed building architecture would complement the municipal center building and its located would honor the annexation’s line of visions set back requirements. Attorney Melei stated the applicants are proposing a multi-tenant medical/professional office building on the subject property. Architect Woolever noted the single-story 20,000 square foot building would have the required parking and meet all other bulk area requirements of the city ordinances and codes. The L- shaped building would include modular units of 750 square foot – 1275 square foot size. Units could be utilized individually or combined for larger tenant spaces. Architectural features of the building would include outside covered entries for each of the units. There are no wetlands on the subject property. The dumpster location would be appropriately screened from public view. Canopy trees and prairie grass would be used to landscape the site. Architect Woolever stated the low horizontal lines of the building would blend in with surrounding existing building lines. The building exterior would be comprised of low-maintenance long-lasting building materials. Regarding the signage, Architect Woolever noted small signs on the masonry over each private entry would be utilized. Access to the site would be solely from Municipal Drive. There would be no direct access to/from Green Street or Charles Miller Road. Planner Martin provided an overview of the Staff Report. The subject property was annexed as a part of the Busch-Knox Property and is subject to the terms of that annexation agreement. The site is zoned O-1 local office district. The applicants are seeking additional uses not inherently permitted in the agreement. Planner Martin noted the proposed use of the property is similar to that granted to the Liberty Square Office Complex at the southwest corner of the intersection of Shamrock Lane and Route 31. It was noted nine of the fifteen requested additional uses would compliment the proposed medical/professional use of the building. Staff recommends those nine uses be approved. P&Z Commission April 15, 2004 Page 4 Planner Martin stated the detention area for the site would be located at the southeast corner of the property. In conclusion, Planner Martin stated the applicant would seek a building permit and begin construction of their medical/professional office building on the site. The request this evening is simply for an expansion of allowable uses on the premises. Chairman Howell invited questions and/or comments from the Commission. Question was raised as to the surveyor’s license expiration date. In response the applicant stated he would have another survey prepared by the surveyor if, in fact, the surveyor’s stamp has expired. In response to a query, Mr. Gibson stated that approximately 20% of the tenant space has been filled. The commissioners commented on the vast amount of vacant office space in town and expressed concern about additional office space being created. Ms. Gibson stated market research had been done. There are specific characteristics of this project which are unique, such as individual exterior canopied entries, personalized signs above each entryway, and modular office units to facilitate the size of rental space required for each tenant. Ms. Gibson also noted a medical use theme has been selected for the project, which translates to all uses being described as ancillary to medical/professional offices. In response to a question, Ms. Gibson stated the sale of the parcel is contingent upon the granting of the use variance to allow additional uses on the property. Questions were raised regarding monument signs along Charles Miller Road or Green Street. Ms. Gibson responded the applicants would prefer no signs other than the individual tenant signs on the entryways of the building. If a monument sign is ultimately sought, the applicant would comply with the city’s sign ordinance. Some discussion followed regarding the need for improvements to Municipal Drive, especially as this project would dramatically increase traffic on this drive. Attorney Melei stated the applicant would work with Staff as far as improvements to the drive. It was suggested by the Commission the developers should pay their fair share of roadway improvements, including possible donation of land to expand the right-of-way. It was the consensus of the Commission that Municipal Drive needs widening, particularly in light of this proposed use, the possible location of the City/YMCA Recreation Center off of this drive, and additional commercially- zoned property immediately to the west of the subject property. Chairman Howell invited questions and/or comments from the audience. Each person who spoke was sworn in by Chairman Howell. LeeAnn Depner, 3801 Bull Valley Road: Ms. Depner inquired what the traffic impact would be on local residents at the completion of this project. Planner Martin stated the property is already zoned O-1 Local Office. The use variance being requested would simply allow other ancillary uses on the site. Ms. Depner expressed her frustration at current traffic issues, including the fact that during morning and evening high peak times, she is unable to get out of her driveway, the P&Z Commission April 15, 2004 Page 5 Old Bull Valley frontage road and proceed east or west on Charles Miller Road. Chairman Howell reiterated the applicants are merely seeking additional permitted uses as the property is already zoned office pursuant to the terms of the annexation agreement. Planner Martin mentioned the city is in the process of undergoing a comprehensive transportation study. When the study is completed, it is anticipated a transportation plan which would specifically address certain problem areas would be created. Joe Knaack, 3609 Bull Valley Road: Mr. Knaack inquired as to the probable cost/square foot of lease space for this building. Ms. Gibson responded the rental fees have not been established. Mr. Knaack further inquired as to the type of signage proposed on the building and the type of parking lot lighting to be utilized. Ms. Gibson stated there would be no bright colored illuminated signs on the building. The parking lot lighting would be of a type which would not overflow beyond the subject property lines. Mr. Knaack expressed concerns regarding light pollution and potential impact on surrounding residential property values as a result of the construction of this building. Attorney Melei stated the proposed building would blend in with surrounding residences as it would be a low-lying single story structure. Responding to further inquiry, Attorney Melei stated the applicants concur with Staff’s recommendation of the following nine uses to be included in the use variance request: 1. Coffee and donut shop with hours restricted to 6:00 a.m. until 10:00 p.m.; 2. Beauty and barber shops, hair salons, day spas; 3. Physical and massage therapy offices; 4. Florist and gift shops; 5. Eye glass sales and repair; 6. Postal packaging; 7. Laboratories, medical, dental, research and testing, research and development facilities; 8. Health clubs; 9. Veterinarian offices (domestic only). Mr. Knaack expressed concern regarding a possibly vacant building on the site, in light of so many vacant office rental spaces in town. Attorney Melei noted the use variance request would permit more marketability of the project and reduce the chance for vacant space. In response to an inquiry, Ms. Gibson stated the modules could be leased or sold. Michelle Knaack, 3609 Bull Valley Road: Ms. Knaack stated she enjoys the current openness of this property. The proposed building appears to be a nice project, but not for this location. She expressed concerns regarding her children’s safety following the buildout of this project, light pollution, and making existing unacceptable traffic conditions even worse. There was no closing statement by the applicant. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, that with regard to File No. Z-612, a request for use variance to permit the following uses: P&Z Commission April 15, 2004 Page 6 1. Coffee and donut shop with hours restricted to 6:00 a.m. until 10:00 p.m.; 2. Beauty and barber shops, hair salons, day spas; 3. Physical and massage therapy offices; 4. Florist and gift shops; 5. Eye glass sales and repair; 6. Postal packaging; 7. Laboratories, medical, dental, research and testing, research and development facilities; 8. Health clubs; 9. Veterinarian offices (domestic only). on the property located at 3630 Charles Miller Road as requested by Gizmo Properties Inc., be granted subject to the following conditions: 1. a contribution for the improvement of Municipal Center Drive be made to the City (amount to be determined by the City Council); 2. any additional right-of-way for Charles Miller Road (to be determined by McHenry County Highway Department) be dedicated for future road improvements; 3. and additional right-of-way for Green Street (to be determined by City of McHenry) be dedicated for future road improvements; and that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, has been met 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 8:33 p.m. Other Business Planner Martin provided a brief report on recent Council activity. He reminded the commissioners there is a special meeting on April 22, 2004 at which time a Public Hearing will be held to review the newest Adams Farm proposal as submitted by developer Roger Gerstad. In response to an inquiry, Planner Martin noted Shamrock Farms Development has been renamed Legend Lakes by Kimball Hill Homes. Several nuisance complaints were brought to the attention of the City Planner who will inform the Code Compliance Inspectors of same. The commissioners acknowledged the nice letter sent to them from Mayor Low expressing her gratitude for their commitment to this commission and the amount of “homework” involved in preparing for the meetings and public hearings. P&Z Commission April 15, 2004 Page 7 Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:58 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, Deputy Clerk 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.