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HomeMy WebLinkAboutMinutes - 06/05/2003 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION June 5, 2003 The June 5, 2003 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:31 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Ekstrom, Howell, Nadeau, Thacker. Absent: Buhrman, Cadotte, Franzen. Staff in attendance: City Planner Martin, City Attorney Kelly Cahill, Deputy Clerk Kunzer. Public Hearing: American Heritage Builders File No. Z-581 5814 Stonebridge Trail Chairman Howell at 7:33 p.m. called to order the Public Hearing regarding File No. Z-581, an application for variance filed by American Heritage Builders for the property located at 5814 Stonebridge Trail. In attendance was Developer David Backhaus of American Heritage Builders. Chairman Howell swore in the witness for the Applicant. Chairman Howell stated notice of this Hearing was published in the Northwest Herald on May 21, 2003. A Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed to all abutting property owners. An Affidavit of Service and Posting is on file in the Office of the City Clerk. Mr. Backhaus stated he is requesting a 2’ variance from the required sidyard setback for the property located at 5814 Stonebridge Trail. He noted the property pins were inadvertently moved prior to the foundation pour. It was not discovered until after the completion of the house and the adjacent property was surveyed prior to its sale, when a fence encroachment was noted. The fence has since been relocated. At this time the Petitioner is seeking a 2’ sideyard setback variance from the southern property line. Planner Martin provided the Commission with a Staff Report noting he had nothing to add to the Petitioner’s summary of request. He stated Staff is currently considering a Municipal Code amendment which would require a spot survey be provided prior to concrete pour on all foundations. If the spot survey was provided, there would be less chance of future similar requests for variance. In response to Chairman Howells inquiry, there were no questions and/or comments from members of the Commission. Chairman Howell opened the floor to questions from the audience. There were none. Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council the grant of a 2’ southern sideyard setback variance for the property located at 5814 Stonebridge Trail in Boone Creek Subdivision as requested in File No. Z-581 as filed by Applicant American Heritage Builders; and that Table 32, the Approval Criteria For Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Burhman, Cadotte, Franzen. Page 2 P&Z Commission 6/5/03 Motion carried 4-0. Chairman Howell closed the Public Hearing at 7:44 p.m. Public Hearing: Enoch Dobner Z-582 3006 West Route 120 Chairman Howell at 7:45 p.m. called to order the Public Hearing regarding File No. Z-583, a petition for conditional use permit to the operation of a motor vehicle repair shop and outside storage of damaged vehicles, as filed by Enoch Dobner for the property located at 3006 West Route 120 in McHenry, Illinois. In attendance were Attorney James Cowlin of Cowlin and Cowlin, applicant Enoch Dobner, and property owner Richard Adams. All witnesses were sworn in by the Chairman. Also in attendance was objector Jerome Buch, 4506 Front Royal Drive, McHenry, Illinois, owner of adjacent property to the west Chairman Howell stated notice of this Hearing was published in the Northwest Herald on May 16, 2003. A Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed to all abutting property owners. An Affidavit of Service and Posting is on file in the Office of the City Clerk. Attorney Cowlin stated the applicant is proposing the operation of an automobile collision center at 3006 West Route 120. The property owners are Richard and Rita Adams. The conditional user permit application includes a request for outside storage of damaged vehicles. Mr. Dobner stated he currently manages a collision center in Crystal Lake. He intends to purchase the building located at 3006 West Route 120 from Richard and Rita Adams. He noted he will have approximately five employees who will be in the business of repair and restoration of vehicles to pre-accident condition. Mr. Dobner noted the subject property previously housed a radiator repair business. Attorney Cowlin went over the Approval Criteria for Conditional Uses as stated in the application. Mr. Dobner stated all paint waste from the paint booth would be stored in 55-gallon drums which would be removed from the premises by a waste hauler. All storage on the site would be maintained within the building with the exception of damaged vehicles awaiting repair. Customer parking would be located on the east side of the building. Employees would park at the rear (north side) of the building. Three additional customer parking spaces could possibly be located on the south side in front of the building. However, the front spaces would be utilized for customers awaiting estimate writing only. Mr. Dobner stated he would comply with conditions of the Staff Report including providing additional landscaping to the site. The existing fence would be used to screen the outside storage area. However, the fencing would include privacy slats to better screen the area. Additional fencing and a gate would be installed to ensure total closure and screening of the storage area. Page 3 P&Z Commission 6/5/03 City Planner Martin provided an overview of the Staff Report. He noted the applicant has agreed to furnish privacy slats in the fence and to extend the fence to close off the outside storage area. Staff has some concerns regarding parking space access as there is very limited room on the east side of the lot. Staff is concerned clients would have to utilize the neighbor’s property to back up and turn around in order to exit the premises. Staff has suggested that an access easement or agreement be worked out with the property owner to the east of this site. Planner Martin noted the building is a solid structure. Landscape improvements would greatly enhance the aesthetics of the site. It is Staff’s recommendation to approve the request subject to the conditions cited in the Staff Report. Chairman Howell invited questions and/or comments from the Commissioners. In response to an inquiry, Mr. Dobner stated the fence height is 5’. There is a distance of approximately 30’ between the applicant’s building and the east property line. Planner Martin stated 30’ is not wide enough to accommodate parking spaces plus turnaround and exit/entry drive. Mr. Adams stated he currently owns the subject property as well as the property to the immediate east of this site. He stated he would be agreeable to working out some type of easement or license agreement between the two parcels. Mr. Dobner, in responding to a question, stated he would be using a down draft paint spray booth. The booth would prevent paint particles from getting into the atmosphere. All EPA requirements would be met. Mr. Dobner said all equipment would be new. The 55-gallon drums holding the paint waste would be stored within the building. Some discussion occurred regarding the requirement that a 6’ or higher fence be erected to further screen the premises and provide additional security for vehicles contained within the outside storage area. In response to an inquiry, Mr. Dobner stated the wreckers would have the access code to gain after-hours entry into the fenced-in area. Clarification was provided by Mr. Dobner regarding the fact that totaled vehicles would usually be removed from the premises within 48 hours. The storage area would not become a junk yard. Concern was raised regarding possible location of a free-standing sign on the property. Mr. Dobner stated he anticipates having a wall sign and no free-standing sign on the site. Mr. Dobner stated all deliveries would be made via pickup truck or small cube trucks. There would be no semi-truck deliveries on the site. Parts would be delivered to the rear of the building. Chairman Howell invited questions and/or comments from the audience. Chairman Howell swore in the following objector before his statement was made: Jerome Buch, 4506 Front Royal Drive: Mr. Buch stated there is not enough room on the subject property to accommodate parking for this business. He stated he owns the property immediately to the west of this site. He expressed concern Mr. Dobner’s patrons would using his property for parking. He noted he has several retail business tenants on his property and they require all of his lot for parking. Mr. Buch stated Mr. Dobner’s clients will use his lot for parking and turning around in order to get back onto Route 120. He noted he needs every one of his parking spaces for his tenants. He opined Mr. Dobner does not have adequate room on this property for this type Page 4 P&Z Commission 6/5/03 of operation. Mr. Buch stated he has been refused the opportunity to lease out his garage building on the site because he cannot provide adequate parking. The garage building is currently used to store supplies for his carpenter business and plumbing supplies. Attorney Cowlin responded the Petitioner has no intention of utilizing Mr. Buch’s property for parking purposes. He stated the proposed use is appropriate for this building and its location. He noted the proposed use is similar to other conditional uses in the area and fits with the neighborhood. Attorney Cowlin noted the proposed use is less intense than the previous use of this site. All environmental concerns have been addressed. Paint fumes and waste will be contained. The applicant has agreed to Staff’s conditions of approval. The site will be improved aesthetically with landscaping and slatted fencing. Additionally, the applicant has agreed to provide some type of barrier or obstruction, such as planter boxes, to deter clients from parking on Mr. Buch’s property and walking to Mr. Dobner’s business. In conclusion, Attorney Cowlin requested the Commission recommend approval of the applicant’s request for a conditional use permit to allow an automobile collision center with outside storage of damaged vehicles on the subject property. Motion by Nadeau, seconded by Ekstrom, to recommend to Council that with regard to File No. Z-582, an application for conditional use permit filed by Enoch Dobner to allow an automobile collision center with outside storage of damaged vehicle at 3006 West Route 120 be granted, subject to the following conditions: 1. All motor vehicle repair shall be conducted within the building; 2. There shall be no outside storage other than damaged vehicles; 3. All damaged vehicles shall be stored within the fenced area, as depicted on the site plan; 4. The outside storage area shall be screened with a 6’ privacy slatted cyclone fence; 5. The fence shall remain closed at all times, except when a vehicle is leaving the property; 6. No inoperable vehicles shall be stored on the property; 7. All oil or other environmentally hazardous materials shall be stored inside until properly disposed; 8. A revised site plan shall be submitted, including easements, depicting proper access and parking; 9. The building shall undergo a final inspection prior to occupancy; 10. There shall be clear access maintained at all times to the rear of the building; 11. No parking spaces shall ever be utilized for anything other than customer parking; 12. Four planters shall be placed in front of the building and shall be placed before the issuance of an occupancy permit; 13. Sign shall be constructed on building face only; no free-standing sign shall be permitted; 14. Three additional parking spaces shall be striped in front of the building (south side); 15. Planter boxes shall be constructed to create a barrier between the subject property and the adjacent property to the west; and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Burhman, Cadotte, Franzen. Page 5 P&Z Commission 6/5/03 Motion carried 4-0. Chairman Howell closed the Public Hearing at 8:37 p.m. Chairman Howell called for a brief recess at 8:37 p.m. The Meeting was reconvened at 8:42 p.m. Prairie Pointe Business Park Preliminary and Final Plats of Subdivision In attendance were Scott Dixon of Prime Commercial Properties and Engineer Joe Vavrina of Smith Engineering. Mr. Dixon stated Prime Commercial is the developer for the business park and commercial portion of the former Krumholtz Property located south of Tonyan Industrial Park and east of Route 31. Mr. Dixon noted there are two or three potential users of properties within the development. Property abutting Route 31 is zoned C5 Commercial while the remainder of the lots are zoned BP Business Park. The Business Park portion of the development would be subject to guidelines similar to the McHenry Corporate Center. Mr. Dixon noted street names have not been included on the Final Plat. The proposed names are Veteran’s Parkway for the collector street; Liberty Drive for Street A; American Drive for Street B. The entryway would be a boulevard and landscaped with trees and low-lying vegetation. Mr. Dixon reported there are no quality trees on the site. However, a tree survey would be done pursuant to City ordinance. Mr. Dixon stated Lot 18 will be a landscaped retention pond. In response to an inquiry, Mr. Dixon stated any building located on a lot bordering Route 31 will be constructed with basically two front facades in order to be aesthetically pleasing to the rear. Some discussion occurred regarding left turns south onto Route 31. Planner Martin noted Staff is working with the property owner in Tonyan Industrial Park to attempt to secure a connection between Prairie Pointe and Tonyan Industrial Park. He noted Street B (American Drive) will be stubbed to the north for possible linkage to Tonyan Industrial Park. Motion by Ekstrom, seconded by Nadeau, to recommend the approval of the Preliminary Plat of Prairie Pointe Business Park prepared by Smith Engineering, dated May 27, 2003; and to recommend the approval of the Final Plat of Prairie Pointe Business Park prepared by Smith Engineering, dated May 27, 2003; subject to the following conditions: 1. Compliance with all revisions to the engineering plans recommended by the City Engineer and Public Works Department prior to submittal to City Council; 2. Final Plat shall be recorded within 6 months of approval by City Council ordinance. Voting Aye: Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Burhman, Cadotte, Franzen. Motion carried 4-0. Other Business Planner Martin provided the Commission with a brief synopsis of the matters currently pending City Council action: a. Arcuri Annexation was approved by Council on Monday, June 2, 2003 plus a requirement of $500 payment toward resolution of drainage issues; b. Kleinhans Resubdivision was sent back to Staff for revisions to his plan; Page 6 P&Z Commission 6/5/03 c. Boncosky Oil was approved for bulk storage on Cornerstone Property; d. DeCarlo request for use variance as residence on elm Street was approved 4-3. Planner Martin stated the June 19th agenda will include Captain road, a minor pool variance, and a request for conditional use to allow alcoholic beverages at Horsin’ Around. The agenda for June 26th will include Professional Plaza Final Plat (Mercy Health Systems), Senior Housing Development on Bull Valley Road, and Oberweiss Dairy and Quizno’s for parking and conditional use. On July 10th the agenda will include Kotiw Apartment and Sonday’s Harley Davidson. Planner Martin announced Commissioner has been in the hospital and was dismissed today. There is a Community Development Committee Meeting scheduled for 6:30 p.m. on June 16th. The City’s Subdivision Control Ordinance will be updated and passed by the end of June. Some discussion followed regarding aesthetics and the possible establishment of an Aesthetics Committee. Planner Martin suggested the best course of action would be to review existing codes and ordinances to determine how they could better address aesthetics issues and concerns. Secondly, the Commission should create an effective way to set up the Aesthetics Committee for presentation before the City’s Community Development Committee. It was the consensus of the Commission to set aside July 17th as a special meeting to review, brainstorm and discuss the creation of the Aesthetics Committee. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn at 9:30 p.m. Voting Aye: Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Buhrman, Cadotte, Franzen. Motion carried 4-0. 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.