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HomeMy WebLinkAboutMinutes - 04/21/2005 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION April 21, 2005 Chairman Howell called the April 21, 2005 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: None. Also in attendance: Director of Community Development Napolitano (arrived at 7:37 p.m.), Deputy Clerk Kunzer, Attorney Rob Fetzner. Approval of Minutes Motion by Nadeau, seconded by Schepler, to approve the Planning and Zoning Commission minutes of the April 7, 2005 meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing – Les Lunsmann and Chad Karlen File No. Z-641 Mulligans Saloon – 2606 Schaid Court Chairman Howell at 7:31 p.m. convened a Public Hearing regarding File No. Z-641, an application filed by Les Lunsmann and Chad Karlen for a conditional use permit to allow a restaurant serving alcoholic beverages and having occasional live entertainment at 2606 Schaid Court in Northgate West Subdivision. In attendance representing the applicant were Les Lunsmann and Chad Karlen who were sworn in by Chairman Howell. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on April 2, 2005. A Certificate of Publication is on file in the Office of the City Clerk. Certified mailing receipts to all abutting property owners of record are also on file in the Office of the City Clerk. Mr. Lunsmann stated he and his partner are intending to open a concept bar and restaurant in the Northgate West Shopping Center. He opined the facility could be compared to an Applebees. There would be a full service kitchen, preparing and serving food approximately twelve hours per day. The kitchen area would be approximately 900 square feet, or 1/3 of the entire area of the facility. It is the intent of the owners to have a full service liquor license in order to serve beer, wine and mixed drinks. Mr. Lunsmann noted although the kitchen would prepare and serve food from approximately 11 a.m. until 11 p.m. daily, seven days per week, a reduced menu (i.e. pizza, etc.) would be available until the bar closes at 1:00 a.m. Mr. Lunsmann stated they intend to have occasional live entertainment, such as for St. Patrick’s Day, or other special occasions. They will not have P&Z Commission May 20, 2005 Page 2 live entertainment on a regular basis. It is their intent to have a family friendly environment which will not be intrusive to the neighborhood or the community. Chairman Howell noted Staff has recommended approval of the applicants’ request for a conditional use permit. Chairman Howell invited questions and/or comments from the commissioners. Responding to an inquiry, Mr. Lunsmann stated the facility would be located in the southern- most two units of the existing building in Northgate West Shopping Center. The commissioners expressed concern regarding the detention pond, and stressed there should be clear signage indicating the internal traffic pattern. Suggestion was made to place guard rails along the roadway abutting the detention pond. In response to an inquiry, Mr. Lunsmann stated they would not initially have a drive-through window, although that may be an option in the future. Commissioner Ekstrom commented that if and when the applicants desire to have a drive-through window at the facility, they would have to come back to this board to request an additional conditional use for this purpose. There were no further questions, comments or inquiries. There was no one in the audience wishing to be heard regarding this matter. Motion by Cadotte, seconded by Buhrman, to recommend to Council with regard to File No. Z- 641, a request for conditional use permit to allow a restaurant serving alcoholic beverages and having occasional live entertainment, as filed by Les Lunsmann and Chad Karlen, for 2606 Schaid Court in Northgate West Shopping Center, to grant the request, and that Table 31, the Approval Criteria for Conditional Use Permits, page 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the Public Hearing at 7:43 p.m. Public Hearing: Living Springs of McHenry File No Z-642 4609 Crystal Lake Road Chairman Howell at 7:44 p.m. opened the Public Hearing regarding File No. Z-642, an application for zoning map amendment upon annexation to the City to RM-2 High Density Multi-Family District and a Conditional Use Permit to allow an assisted .living facility on the subject property, as filed by Living Springs of McHenry. P&Z Commission May 20, 2005 Page 3 In attendance representing the applicant were: • Attorney Kristina Dalman, Gardner Carton and Douglas, Chicago, IL • Stephen Barron, Living Springs of McHenry, LLC, 5000 W Roosevelt Rd Chicago IL • Fran Fazio of Manhard Consulting, Vernon Hills IL who were all sworn in by the Chairman. Also in attendance were the following: 1. John Schey, 4411 W Ponca Street, McHenry IL 2. Greg Dawkins, 4414 W Ponca Street, McHenry IL 3. Roger and Linda Freund, 4513 W Ponca Street, McHenry IL 4. Jerry and Jean Gudauskas, 4819 Crystal Lake Road, McHenry IL 5. Herman Hautzinger, 4509 Crystal Lake Road, McHenry IL 6. Kris Butler, 4711 Crystal Lake Road, McHenry IL 7. Rita Senn, 4715 Crystal Lake Road, McHenry IL 8. Allan Schnepper, 1177 Oak Ridge Drive, Glencoe, IL. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on April 4, 2005. A Certificate of Publication is on file in the Office of the City Clerk. Certified Notices were mailed to all abutting property owners of record. An affidavit of service is on file in the City Clerk’s Office. Attorney Dalman introduced the concept of supportive living to the commissioners. She noted the facility is for seniors who need assistance in day to day activities. It does not provide skilled care. The applicant is seeking annexation to the City of McHenry, rezoning to RM-2 High Density Multi-Family Residential, a Conditional Use Permit to allow the assisted living facility on the premises, and the vacation of Maryetta Street right-of-way. Attorney Dalman stated the facility would be a three-story structure having 99 units. Access to the site would be from Crystal Lake Road. The average age of the residents would be 82-84 years of age. Most residents would not have a vehicle. Traffic generated by the development would mostly be comprised of visitors and employees, and would therefore not congest the area during typical peak morning or evening peak hours. Citing the ordinance requirement for 75% of the building exterior to be brick, Attorney Dalman noted the applicant is requesting this be reduced. She pointed out the building mass would appear smaller if the exterior had less brick. Attorney Dalman went over the Approval Criteria for Zoning Map Amendments and the Approval Criteria for Conditional Use Permits as stated in the application. Attorney Dalman stated the applicant concurs with most requirements of the Staff Report. The applicant will consider relocating the Crystal Lake access further south on the property so that it may possibly line up with the Alden Terrace paring lot exit. Mr. Barron stated the proposed supportive living facility would be unique to McHenry County. He stated there are currently 42 such facilities in the state. These facilities are unique in that they P&Z Commission May 20, 2005 Page 4 provide an opportunity for independent assisted living and are partially financially supported by the state and federal government. Mr. Barron noted residents currently need to pay between $2,100 and $3,100 per month in order to use a similar facility. As this project is supported by the state, the residents would not turned away when they cannot pay these types of fees. He stated this would be the first supportive living facility in McHenry County. Mr. Barron stated most of the mature trees would remain on the site. Each unit in the facility would be 500 square feet in area and would contain two rooms, a bedroom and a combination living room, kitchenette/eating area. Director Napolitano provided the commissioners with a summary of the Staff Report. He stated the applicants are seeking a map amendment upon annexation to RM-2 in order to construct the supportive living facility. He noted this is a transitional area which is slowly changing from all residential to commercial in nature. The Council is looking at the redevelopment of this entire area. A conditional use permit is also required by ordinance in order to construct the facility on the site. Director Napolitano stated the proposed facility differs from existing senior citizen housing in the City in that this is not a skilled care facility. Additionally, Medicaid recognizes these types of facilities. Staff is willing to review the 75% exterior brick requirement and would agree with relocating the access drive further south on the premises. Staff supports the request and believes the approval criteria have been met. Chairman Howell invited questions and/or comments from the commissioners. Responding to an inquiry, Mr. Barron stated the difference between an assisted living and a supportive living facility is affordability. The residential fees at a supportive living facility are partially paid by the state. The goal is for quality of life which can be achieved in a supportive living facility as opposed to an assisted living facility or skilled care facility. Residents in the supportive living facility are encouraged to remain active, get dressed everyday, participate in recreational activities, go shopping, get a hair cut, etc. The criteria for residing in the supportive living facility are age (at least 65 years old) and Medicaid eligibility. Mr. Barron stated the program works because the state and federal government pay the balance of what the residents cannon afford. In response to a question, Mr. Barron noted typically 80% of the residents would be Medicaid patients and 20% would be private patients who also qualify for Medicaid. The cost to private patients would be approximately $2,100 to $2,300 per month. A question was asked regarding dementia and Mr. Barron stated the facility would not be able to accommodate dementia patients. There would be no dispensation of medication by staff; staff would only be able to remind residents to take their medication. Responding to further inquiry, Mr. Barron stated if a potential resident does not meet the affordable housing criteria, they would not be able to live at the facility. Mr. Barron noted there P&Z Commission May 20, 2005 Page 5 would be one registered nurse on duty at all times. Staff would otherwise be comprised of nursing assistants, cooks and servers, and custodial service. As questions arose regarding the topography of the site, Ms. Fazio of Manhard Consulting addressed the commissioners regarding engineering concerns. She stated the land slopes from west to east. When the facility is designed the lay of the land and drainage flow patterns will be taken into consideration. Ms. Fazio noted a detention pond would be created on the eastern portion of the property. It would be used to release drainage overland in an easterly direction. It is anticipated it will be dry bottom detention. Responding to inquiries regarding the detention area maintenance, Ms. Fazio noted the area would be landscaped with natural plantings similar to a wet meadow prairie. Responding to an inquiry regarding couples residing at the facility, Mr. Barron noted there would be 5-6 two bedroom units. Predominantly the facility would have female residents, as women outlive men. The number of two-bedroom units included would be subject to a market study being conducted of the area. Noting traffic concerns, Attorney Dalman stated Staff travel time to and from the site would not coincide with peak traffic times in the area, particularly relating to students going to or leaving school. Commissioners also expressed concern regarding the mass of the proposed three-story building and how that may impact the residential neighborhood. Attorney Dalman stated other large buildings are already located in the area, such as Alden Terrace, McHenry West Campus, McHenry Post Office. Commissioners inquired if the perimeter of the property would be fenced or bermed. Ms. Fazio responded noting there would most likely be a slight berm along the north and south property lines. Responding to an inquiry, Mr. Barron stated a pedestrian walkway would be interwoven throughout the site. There would be a social director who would work approximately 30 hours per week. Chairman Howell invited questions and/or comments from the audience. Each of the following were sworn in by Chairman Howell prior to their comments, questions and statements being presented. Chairman Howell noted all questions would be addressed at one time following the conclusion of the statements being made. Rita Senn, 4715 Crystal Lake Road: Ms. Senn stated the supportive living facility is a good concept; it is just being located at the wrong place. She stated the facility is too large of a building for this location. She objected to the City’s determination that this is a transitional area. Ms. Senn inquired what would happen to surrounding properties – would the owners be forced to annex their properties into the City? She also inquired if surrounding property owners would be permitted to continue using their wells and septic systems. Ms. Senn expressed concern regarding additional traffic created as a result of the facility. She inquired what would happen to Maryetta Road – will it cease to exist? Again, Ms. Senn inquired if surrounding property owners would be required to annex to the City if this proposal is approved. P&Z Commission May 20, 2005 Page 6 Kris Butler, 4711 Crystal Lake Road: Mr. Butler concurred with Ms. Senn. He agreed the facility is a good concept. He resides immediately south of the proposed site. He expressed concern regarding the huge monstrosity of a building located so close to his property line. He also wanted to know what will become of Maryetta Road. He asked the applicants what type of buffer would be provided to protect adjacent property owners. Mr. Butler stated all surrounding residents are concerned. This is not an appropriate location for this facility. Allen Schnepper, 1177 Oak Ridge Drive, Glencoe: Mr. Schnepper stated he assisted in choosing the proposed site for the supportive living facility. Its close proximity to other facilities, i.e. Alden Terrace, was deemed an attribute. He noted surrounding homes in the area are slowly being converted to commercial enterprises. The need for affordable housing in the community as recently determined by the State of Illinois also played into the selection of the location. Placing this facility in the community would assist with keeping senior citizens in their local community once they decide to move from their homes to a supportive living type facility. John Schey, 4411 West Ponca Street: Mr. Schey stated he has lived in McHenry most of his life. He stated the applicants have side-stepped a lot of the questions raised by those in attendance at this hearing. He opined traffic congestion is a major issue. He would prefer not to see such a major change in the area. Chairman Howell closed Public Comment at 8:47 p.m. He noted the following concerns were raised and needed a response from Staff or the applicant: • Forced annexation of surrounding properties • Adjacent property owners continued use of private wells and septic systems • Status of Maryetta Road • Tree preservation • Buffering • Geese and mosquitos generated by detention ponding on the east portion of the property • Explanation of transitional nature of neighborhood. Director Napolitano stated other property owners would not be impacted by the proposed annexation of the subject property. Other properties would remain in the county’s jurisdiction in unincorporated McHenry County unless: 1. They themselves sought annexation to the City; or 2. The City chose to forcibly annex the property in a separate proceeding. Regarding the status of Maryetta Road, Director Napolitano stated this is now a recorded right- of-way, although it is not currently paved. Upon annexation, the City would annex this right-of- way. The City Council could choose to vacate the right-of-way, which means that it would no longer be reserved to be utilized as a right-of-way, or roadway. Director Napolitano stated surrounding property owners would continue to able to use their private wells and septic systems. These property owners could request connection to municipal services, as they would not be available. They would, however, be required to annex to the City if they chose to connect to City services. P&Z Commission May 20, 2005 Page 7 Ms. Fazio addressed concerns regarding the detention pond, tree preservation and buffering from adjacent properties. She noted as many trees as possible would be preserved. Additional landscaping would be utilized to further buffer the project from adjacent residences. Ms. Fazio noted relocating the entrance further south would not greatly impact the number of trees lost due to the development of this property.l Ms. Fazio, referencing issues relating to the detention basin, stated it would hold waster and release drainage overland. The detention basis would be maintained by owners of the facility. If mosquitos become a problem, the basin would be sprayed. Efforts would also be made to assure geese are not a problem in the area. Ms. Fazio acknowledged traffic congestion in the area is currently a problem. She stated the proposed facility should not exacerbate the traffic issues. The location of the facility on the premises will not contribute to greater traffic congestion. Motion by Cadotte, seconded by Ekstrom, to recommend to Council with regard to File No. Z- 642, a request for zoning map amendment to RM-2 High Density Multi-Family District upon annexation to the City as requested by Living Springs of McHenry, for the property located at 4609 Crystal Lake Road, be granted, and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Howell, Thacker. Voting Nay: Buhrman, Ekstrom, Nadeau, Schepler. Not Voting: None. Abstaining: None. Absent: None. Motion failed 3-4. Comments by Commission: Commissioner Ekstrom: stated there should be a lot more planning and review prior to this property being annexed to the City. Motion by Cadotte, seconded by Nadeau, to recommend to Council with regard to File No. Z- 642, a request for conditional use permit upon annexation to permit an assisted living facility on the property located at 4609 Crystal Lake Road as requested by Living Springs of McHenry, be granted, subject to the following: 1. Access issues be resolved to the satisfaction of the City; 2. A sidewalk shall be installed across the frontage of the property, or in lieu of a sidewalk, a contribution shall be made to the City’s sidewalk fund; 3. Refuse disposal area and screening must be shown on the site plan; 4. Information on site lighting must be provided; 5. The applicant should work with the City to address building appearance issues; and 6. A final landscape plan must be provided along with a tree survey. and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. P&Z Commission May 20, 2005 Page 8 Voting Aye: Buhrman, Cadotte, Howell, Thacker. Voting Nay: Ekstrom, Nadeau, Schepler. Not Voting: None. Abstaining: None. Absent: None. Motion passed 4-3. Comments by Commission: Commissioner Ekstrom: Voted no as she has concerns regarding annexation and not enough information was provided or known regarding the vacation of the right-of-way. She questioned by the right-of-way was set aside in the first place. Chairman Howell: shared concerns expressed regarding the overall plan for the entire area. He stated this is a valid proposal and use for the property. He realizes there is a lot of traffic congestion in the area. This is a unique program which is needed in the community. Half of the cost of care is based on the needs of the community. The proposed use would benefit those in the area. Regarding the annexation of the property, he opined it is about time these properties were annexed into the City as they already avail themselves of City services. Commissioner Nadeau: stated the project is a great idea. The proposed location is too small for this project, however. He stated there is a better location for this project and he would support it if the location were more amenable. Commissioner Scheppler stated the comprehensive plan denotes low density residential for this location. He stated he is not in favor of this heavy density project at this location. Commissioner Thacker: stated he liked the project but was concerned regarding its location. He concurred with Chairman Howell regarding all of the surrounding properties should be annexed to the City. It is the smart thing to do. He stated Council should be advised the commissioners are in favor of annexing the islands of land throughout the City. Commissioner Buhrman: stated he likes the project. He stated it would be best to look at the overall planning picture for this entire area. He noted those residents in the area who continue to remain in unincorporated McHenry County have had a long time to choose to annex to the City. It is time for them to annex. Commissioner Cadotte: stated the proposed use is a good fit for the area. He opined the proposed use will not add traffic to Crystal Lake Road. The Public Hearing was closed by Chairman Howell at 9:25 p.m. Other Business There was no other business. P&Z Commission May 20, 2005 Page 9 Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 9:25 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: None. Motion carried 7-0. 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.