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HomeMy WebLinkAboutMinutes - 04/17/2003 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION April 17, 2003 The April 17, 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, Cadotte, Howell, Nadeau. Thacker. Absent: Ekstrom, Franzen. Staff in attendance: City Planner Martin, City Attorney Cahill. Absent: Deputy Clerk Kunzer. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission: April 3, 2003 regularly scheduled meeting as amended. All ayes. Motion carried. Public Hearing: Claude and Diane Sonday File No: Z-579 2742-46 Barney Court Chairman Howell at 7:35 p.m. called to order the Public Hearing regarding the Petition filed by Claude and Diane Sonday for a use variance to allow an outside sales lot on the property located at 2742-2746 Barney Court in Adams Business Park. Chairman Howell requested a motion to recess the Hearing until Thursday, April 24, 2003 at 7:30 p.m. in the McHenry Municipal Center Classroom. Motion by Cadotte, seconded by Nadeau, to recess the Public Hearing regarding File No. Z-579, the Petition filed by Claude and Diane Sonday for a use variance to allow an outside sales lot on the property located at 2742-2746 Barney Court in Adams Business park until Thursday, April 24, 2003, 7:30 p.m. in the McHenry Municipal Center Classroom. Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Ekstrom, Franzen. Motion carried 5-0. Chairman Howell recessed the Public Hearing at 7:36 p.m. Public Hearing: Paul DeCarlo File No. Z-572 5016 West Elm Street Chairman Howell at 7:37 p.m. opened the recessed Public Hearing regarding File No. Z-572, a petition filed by Paul DeCarlo for a use variance to allow the commercial property located at 5016 West Elm Street to be utilized as a single-family residence. Chairman Howell noted all publication and notification requirements were met pursuant to State Statutes. Notice was published in the Northwest Herald on January 20, 2003. Certificate of Publication is on file in the Office of the City Clerk. An affidavit of service is also on file in the Office of the City Clerk. Page 2 P&Z Commission 4/17/03 In attendance were Attorney for the Applicant Lisa Waggoner, Applicant Paul DeCarlo and Realtor William Nowak. Chairman Howell swore in the witnesses for the Applicant. Ms. Waggoner stated the Applicant is seeking a use variance to permit the commercially-zoned property to be used as a single-family residence for a limited time frame. The subject property is comprised of approximately ¼ acre and is currently improved with a one-story frame building. It is located in a mixed use area. Ms. Waggoner noted the property has been vacant since March 2001. Mr. DeCarlo stated following his purchase of the property in July 2001, he anticipated leasing out the property as office/retail space. Since the purchase, he has marketed the property as a commercial property. Noting the transitional-mode of the neighborhood, Attorney Waggoner stated this presents a hardship as there are residential uses intermixed with commercial/office/retail development. Citing the limited on-site parking, Attorney Waggoner stated it is difficult to find a commercial tenant to occupy the premises. Mr. Nowak indicated he has been marketing the subject property as retail/commercial. Since March 2002. He noted the limited number of showings he has experienced due to the difficulties to utilized the property for commercial/retail. He stated the residential use of the subject property would be the highest and best use at this time. In summary, Attorney Waggoner stated it is the believe of the Applicant the residential use of the subject property for a specific period of time would be the best use of the site. She noted the Applicant has satisfactorily addressed the Approval Criteria for Use Variances. Ultimately the subject property and its surrounds will be completely developed as commercial district. However, at this time, as the area is in transition, the Applicant believes a short-term use of five years variance to permit the use of single-family residential is appropriate. Chairman Howell invited questions of the Applicant by members of the Commission. In response to an inquiry, Mr. Nowak stated the potential commercial tenants had expressed concern regarding the limited on-site parking, although they noted the location along Route 120 was good. Types of businesses who had exhibited interest included retail sale of imported Mexican products, a message therapist, Taro card readers, and a landscaper. Mr. DeCarlo stated he has had numerous requests to lease the property as a single-family residential unit. Some discussion followed regarding the proposed time frame for limiting the use variance. While Staff is proposing a two-year limit, the Applicant is seeking a five-year maximum life for the use variance. Mr. DeCarlo also informed the Commission he has been attempting to purchase adjacent commercially-zoned parcels in order to make the commercial leasing of his property more viable by the expansion of his property and increasing on-site parking. In response to a commission question, Mr. Nowak stated it would be difficult to show this property as a commercial building while it is being utilized as a residential property. Mr. DeCarlo stated prior to his purchase the property had been utilized for commercial enterprise for several years. Page 3 P&Z Commission 4/17/03 City Planner Martin stated it is Staff’s position that this area be maintained as commercial and that it not be converted to residential. With the widening of Route 120 at this time, however, the site is not the most viable commercial setting. Staff has recommended the use variance for residential be granted for a period of two years, although Staff could possibly support an extension to three years. It would be best for the property owner and for the City if the property is not vacant. Planner Martin noted if the use variance is granted, Staff has recommended inspections be conducted to assure the structure is safe for residential dwelling purposes. Chairman Howell opened the floor to questions and/or comments from the audience. There were none. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-572, an application for a use variance to allow a residential dwelling for the property located at 5016 West Elm Street, as filed by Paul DeCarlo, be granted subject to the following conditions: 1. That the use variance be granted for a period of time not-to-exceed three years; 2. That prior to any residential occupancy the structure must be inspected by the Building Inspector; and that Table 32a, the Approval Criteria for Use Variances, Page 379 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Howell, Thacker. Voting Nay: Nadeau. Not Voting: None. Abstained: None. Absent: Ekstrom, Franzen. Motion carried 4-1. Chairman Howell closed the Public Hearing at 8:07 p.m. Public Hearing: Hallmark Homes File No. Z-576 West of Meijer/Home Depot Subdivision Chairman Howell at 8:08 p.m. called to order the Public Hearing regarding File No. Z-576 filed by Hallmark Homes for: • map amendment to RM-1 Low-Density Multi-Family Residential upon annexation; • variance to allow multi-le buildings (2) on a single zoning lot for four lots; • variance to reduce the amount of required exterior brick/stone fascia from 75%. Chairman Howell noted all publication and notification requirements were met pursuant to State Statutes. Notice was published in the Northwest Herald on March 31, 2003. Certificate of Publication is on file in the Office of the City Clerk. An affidavit of service is also on file in the Office of the City Clerk. In attendance were David Branch, President of Hallmark Homes, Engineer Kevin Bunge, Traffic Consultant Lisa Weesner. Chairman Howell swore in the witnesses for the Applicant. Mr. Branch noted Hallmark Homes is a subsidiary of Rubloff Development Group. Hallmark Homes focuses on single-family and multi-family development. The subject property is Page 4 P&Z Commission 4/17/03 comprised of 22 acres. The proposed development of this property would include 119 attached single-family two-bedroom and three-bedroom townhomes. Each unit would have a two-car garage. The size of the proposed units would be 1,200 square feet to 1,800 square feet. Projected unit purchase cost would be approximately $170,000. there would be twenty-seven buildings. Sixteen would be 4-unit buildings; eleven would be five-unit buildings. Mr. Branch provided the Commission with the proposed landscape plan. There would be two access points for the community. There would be two engineered aerated drainage ponds. A community recreation area is proposed on the property. The applicant is proposing to erect a six- foot privacy fence along the eastern and northern boundaries. Mr. Branch stated the Applicant is seeking a reduction in the required percentage of exterior brick/stone fascia on the buildings. He noted the Applicant is willing to construct brick/stone veneer but would like a reduction in the amount required. There would be a homeowner’s association which would be responsible for common property and building exterior maintenance. Planner Martin provided the Staff Report regarding this development. The proposed roadway would be private and owned by Meijer/Home Depot. It is Staff’s recommendation that the road within this development be public and dedicated to the City for ease of maintenance, snow plowing, etc. Planner Martin stated this project has previously been submitted to Council for concept plan review. The four areas of concern expressed by Council include: • Drainage; • Roadway dedication; • Density; • Guest parking. Planner Martin indicated Staff concurs with the proposed land use and density, which is less than typical townhome densities recently approved by the City. The proposed use would provide a good transition from the commercial west to Petersen Park. Regarding drainage, Planner Martin stated the surface water runoff would be governed by the City’s Subdivision Control Ordinance. The release rate would be greatly improved which would assist with drainage problems in the area. Referencing the issue of guest parking, Planner Martin stated the proposed development meets the intent of the ordinance. The concern comes in that there would be no available space for guest parking. A second pathway access point to Petersen Park has been indicated on the plan. There would also be additional landscape to provide screening from the City’s park. With regard to the requested variance as to the exterior of the structures, the ordinance requires 75% stone or brick fascia in the RM-1 and RM-2 Districts. Historically, the City Council has positively considered similar variance requests in the past. Staff has recommended that structure walls facing the road should have the 75% brick/stone as required. The purpose of the 75% requirement is to make the buildings aesthetically pleasing. The final area of concern, traffic, was also addressed at City Council level. The applicant has provided a traffic study. The impact of this site is minimal to the overall traffic generated in the area. There is a signalized intersection as well as a second access point. Page 5 P&Z Commission 4/17/03 Chairman Howell invited questions from members of the Commission. In response to an inquiry, Mr. Branch stated the proposed roadway would be private and is actually owned by Meijer/Home Depot Subdivision. A perpetual easement has been granted for the purpose of accessing the residential properties. Some discussion occurred regarding dedication of the roadway to the City of McHenry. The setback from the commercial structures to the east in the Meijer/Home Depot Subdivision is approximately 60 to 80 feet. The buffer is zoned C-5 Highway Commercial. The buffer area contains retention as well as parkland access as requested by the City during the platting of Meijer/Home Depot Subdivision. Some discussion followed regarding available areas for guest parking. Mr. Branch noted some areas have been targeted for paved guest parking, although due to the topography and layout of the development, the amount of guest parking is limited. Suggestion was made to widen the street to provide on-street parking on one side of the road. Alternatively, bumped out bay areas for parallel parking could be accommodated. In response to an inquiry, the matter before the Commission this evening is basically the zoning issue. The preliminary plat is not being reviewed this evening. In response to a question, there is room to locate extensions to the existing bike path. The coordination of the bumped out parking bays and the bike path/sidewalk would have to be worked out prior to final plat approval. The roadway is a private roadway and is currently maintained and plowed by the owner, Meijer Stores, services. Some discussion followed regarding the possibility of the City maintaining and plowing the private loop and perhaps even the private roadway. It was noted, architecturally, the structures are very garage prominent. The fronts of the structures are wholly comprised of the garages. Suggestion was made an alternative architectural style be selected. Mr. Branch noted from a construction perspective, placing the garages at the front of the building is more economical. Side load garages are not possible in the townhome setting. Inquiry was made as to the tie-in of the residential area to the commercial shopping area so that pedestrians could access the shopping center. Mr. Branch noted the proposed sidewalk would loop through the residential community. Access to the shopping center would have to be investigated. Some concerns were raised regarding the advisability of left-turn lanes from the private roadway onto the residential loop road. Discussion continued regarding the permission to construct left-turn lanes on the private roadway from Meijer Stores. It was Staff’s suggestion that traffic control measures could assist with this issue as opposed to street improvements. Questions were raised as to the ownership of the private roadway. It was the contention of the Commission the City and not Meijer Stores should control the roadway. The Commission continued discussion regarding traffic speed enforcement, parking, etc. on the private roadway. Discussion occurred regarding making the structures more aesthetically pleasing. Providing variable garage depth, adding more architectural features, vary the material used on the buildings, siting the buildings on an angle on the lot, are all ways to enhance the aesthetics of the Page 6 P&Z Commission 4/17/03 development. It was the consensus of the Commission that ideas be explored to improve the overall aesthetics of the project. Question was raised as to why Staff recommended separation island mediums at the entry to the development. Safety concerns were expressed, similar to existing problems at the Orleans Street intersection with McCullom Lake Road. Mr. Branch noted the entry monument features would satisfactorily complement the area and enhance the subdivision aesthetically. It was noted in view of area drainage issues, the developer may not be able to put in basements. In response to Commission inquiry, Mr. Bunge stated engineering of property will cause the surface water to release at a rate 1/10 of the current rate. This will greatly improve drainage issues in the area. The direction of the surface water runoff flow will not be changed as a result of the development of the property. Chairman Howell invited questions or comments from the audience. There were none. Prior to making his closing statement, Mr. Branch requested the number of off-street parking spaces which would satisfy concerns of the Commission. Mr. Branch stated the proposal is a good use for the subject property. All good land planning criteria have been followed. The applicant is confident a neighborhood community can be created that will fit in well in the area. Chairman Howell stated the Commission could continue this Public Hearing until the applicant has addressed the concerns raised, such as aesthetics, roadway control and ownership, off-street guest parking. Brief discussion followed regarding the request for reduction in the 75% of fascia being comprised of brick/stone veneer. At this time the applicant are seeking a variance to permit an absence of any brick or stone on the rear walls of the structures. This would amount to a 50% fascia of brick/stone veneer. Mr. Branch noted the stone being utilized is a much more expensive material than brick. Motion by Cadotte, seconded by Nadeau, with regard to File No. Z-576, a request for a map amendment for the 22-acre Hallmark Home property to RM-1 Low-Density Multi-Family Residential Zoning District, be granted upon annexation; and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Nadeau Voting Nay: Buhrman, Howell, Thacker. Not Voting: None. Abstained: None. Absent: Ekstrom, Franzen. Motion failed 2-3. City Attorney Cahill, noting the motion to zone the property failed, stated there was no need to vote on the two variance requests. She further stated it appeared to be the consensus of the Commission the matter should be continued until such time as the Applicant addressed the concerns raised regarding aesthetics and revised concept plan at this evening’s Public Hearing. Page 7 P&Z Commission 4/17/03 Motion by Cadotte, seconded by Buhrman, to recess the Public Hearing regarding File No. Z- 576 until Thursday, May 8, 2003 at 7:30 p.m., at which time the Applicant shall present additional information regarding: • overall aesthetics of the project; • revised concept plan to include guest off-street parking placement; • location of pedestrian walkway to private roadway; • location of pedestrian walkway to McCullom Lake Road; • modify the concept plan to reflect all changes discussed this evening; • address building elevation concerns; • garage prominence issue; • layout/structure siting; • clarification as to what percentage of the building exterior would have brick/stone veneer; • consider installing sidewalk along private roadway to connect to commercial property to the east. Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Ekstrom, Franzen. Motion carried 5-0. The Public Hearing was continued until May 8, 2003 at 7:30 p.m. Other Business City Planner Martin reported Council has considered and approved the Mercy Health System annexation and resubdivision; the Papa Sevarios Pizza parking variance request, including signs for drivers, subject to review by Staff at the end of six months; the variance for 75% brick/stone veneer for Boone Creek Venture Townhomes. The Gerstad Adams Farm Development is scheduled for Planning and Zoning Commission Agenda on May 15th. Information will be distributed three weeks in advance of the meeting for ease of review by Commissioners prior to the meeting. Planner Martin distributed a memo from Director Community Development in which he summarized recent activity regarding code compliance enforcement, Gary Lang parking violations, Aesthetics Committee status, etc. The establishment of the Aesthetics Committee will be discussed at the Community Development Committee Meeting on Wednesday, April 30th at 3:30 p.m. here at the Municipal Center Aldermen Conference Room. Planner Martin also reported Council will be reviewing at a Committee of the Whole Meeting on April 29th a condominium project on old Bull Valley Road and zoning amendment from BP Business Park to residential for a portion of the Inland Business Park. Council will also be looking at a residential project proposed for the Budreck Farm at a Committee of the Whole Meeting in May. Planner Martin reported the City Council will consider the Dunkin Donuts/Baskin Robbins proposal at it Monday, April 21st regularly scheduled meeting. The Applicant has addressed the concerns raised by the Commission. Page 8 P&Z Commission 4/17/03 The Agenda for the Special Meeting of the Planning and Zoning Commission scheduled for Thursday, April 24th includes: • Harley Davidson dealership facility in Adams Business Park; • Prime Commercial preliminary and final plat review of the north portion of the Concord Development • Concord Development preliminary plat review of the residential portion of their project. On May 1st the Commission will consider: • Captain Rod’s amended proposal will be revisited; • the Ricker Subdivision final plat. On May 15th the Commission will consider: • Gerstad’s Adams Farm; • Boncosky bulk fuel storage facility. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 9:38 p.m. Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Thacker.. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Ekstrom, Franzen. Motion carried 5-0. 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.