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HomeMy WebLinkAboutMinutes - 07/10/2003 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION July 10, 2003 The July 10, 2003 meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Franzen. Staff in attendance: City Planner Martin, City Attorney Kelly Cahill. Also in attendance was Alderman Wimmer. Approval of Minutes Motion by Buhrman, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission as follows: Regularly scheduled meeting of June 19, 2003. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Motion by Cadotte, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission as follows: Special Meeting of June 26, 2003. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Mercy Health System Corporation Professional Plaza Subdivision Final Plat In attendance were Christopher Schmitt of Condon Consulting Engineers; Rich Gruber Vice President of Mercy Health Systems. Chairman Howell invited the applicants to proceed with their presentation. Mr. Schmitt, referencing the Staff Report, noted the final plat is in substantial conformance to the City’s subdivision control requirements. The final engineering has been revised pursuant to Staff comments. Mr. Schmitt requested the Commission recommend approval of the final plat of Professional Plaza Subdivision to Council. Planner Martin provided an overview of the Staff Report. He reiterated the contents of the Staff Report and reminded the Commission it first viewed this project and its Preliminary Plat on February 20, 2003. The project was subsequently brought before Council and received its approval as well. The property has been annexed. In conclusion, Planner Martin, stated it is Staff’s recommendation the final plat of Professional Plaza Subdivision be approved as presented subject to its being recorded within six months of Council approval. There were no questions and/or comments regarding this matter from the Commission or audience. Page 2 P&Z Commission 7/10/03 Motion by Nadeau, seconded by Cadotte, to recommend the approval of the Professional Plaza Subdivision Final Plat as prepared by Vanderstappen Surveying Inc, dated May 22, 2003, subject to the conditions: Final engineering be approved prior to Council consideration of the final plat; The plat be recorded within six months of Council approval. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Public Hearing: Claude and Diane Sonday File No Z-585 2103 West Route 120 Chairman Howell at 7:38 p.m. convened the Public Hearing for File No. Z-585 for a conditional use permit to allow an outside sales lot and motorcycle repair, as filed by applicants Claude and Diane Sonday, for the property located at 2103 West Route 120, McHenry. Chairman Howell noted all notification and publication requirements had been satisfied. Notice was published in the Northwest Herald on June 18, 2003. In attendance representing the applicants were: Attorney Neil Anderson; Claude Sonday, applicant. Chairman Howell swore in the applicant, Mr. Sonday. Chairman Howell invited the applicant to proceed with his presentation. Mr. Sonday stated he and his wife own the Harley Davidson dealership in Woodstock. He has entered into a three-year lease for the property located at 2103 West Route 120 in McHenry. In Mr. Sonday noted the property is located at the southwest corner of the intersection of Chapel Hill Road and Route 120 and is comprised of approximately 1.1 acres. The subject property is currently zoned C-5 Highway Commercial District. Attorney Anderson provided the Commission with surrounding zoning and land use. The applicant stated he intends to display approximately ten motorcycles in an outside sales lot. The motorcycles would not remain outside during non-business hours. With regard to the request for repair of cycles, Mr. Sonday stated he would be performing normal types of repairs associated with selling motorcycles. All repairs would be done inside of the building. At this time there would be no external modifications to the existing building. There would be no outside storage on the property. The applicant indicated only motorcycles would be repaired at the facility. There would be no cycle painting, fuel/gasoline sales, or chemicals sprayed on the site. Attorney Anderson went over the approval criteria for conditional uses as stated within the text of this application. The applicant also stated he would comply with Staff’s recommendation with regard to the petition. Page 3 P&Z Commission 7/10/03 Planner Martin provided an overview of the Staff Report. He noted Staff believes the proposed use is very appropriate for the site. Access is solely off Chapel Hill Road. The applicant has agreed to the stipulations attached to the recommendation for approval. In response to an inquiry, Mr. Sonday stated an architectural firm will determine an appropriate location for the proposed monument sign. It is more likely the sign would be sited on the northeast corner of the property. The applicant also stated more than adequate parking is indicated on the site plan. Attorney Anderson stated at this time the proposed facility is ancillary to the full service Woodstock facility. At some point Harley Davidson may permit a full service facility at the McHenry location in addition to the existing Woodstock store. In response to a question, Mr. Sonday stated the outside display of cycles would be on the north side of the building. Brief discussion followed regarding the number of motorcycles which would be on display in front of the building. Then applicant indicated he would like the flexibility of displaying up to ten vehicles outside on the premises, although on most occasions, there would be far less outside on a daily basis. Mr. Sonday stated he would place privacy slats in the existing chain link fence on the property. Some discussion ensued regarding the placement, style, and need for a monument sign at this location. There were no objectors present with regard to the applicant’s request. Attorney Anderson, in closing, stated with regard to Staff’s landscaping recommendations, the applicant would include City direction and approval of any free-standing sign to be located on the premises. Question was raised as to the limitation of ten cycles being orderly displayed on the premises. Planner Martin noted Staff monitors granted conditional uses and cites violators in a timely manner. If the applicant violates the conditions of his conditional use, he will be immediately notified by Staff and advised to remedy the situation. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council the grant of a conditional use permit to allow an outside sales lot and the repair of motorcycles on the premises located at 2103 West Route 120, as requested in File No. Z-585 files by Claude and Diane Sonday, subject to the following conditions: 1. Only motorcycles shall be displayed outside, and not in customer parking areas; 2. No more than ten motorcycles shall be displayed at any one time and they must be displayed in an orderly fashion; 3. Motorcycles for sale and/or repair shall not be kept outside overnight; 4. Repair of only motorcycles shall be conducted on the site; 5. No painting or spraying of chemicals shall be done on the site; 6. There shall be no outside storage on the site; 7. The landscaping recommendations and sign size, style and placement recommendations by Staff shall be implemented prior to issuance of an occupancy permit; And that Table 31, the Approval Criteria for Conditional Uses, page 357-358 of the Zoning Ordinance, has been met. Page 4 P&Z Commission 7/10/03 Motion by Buhrman, seconded by Thacker, to amend the previous motion, to limit the number of vehicles being displayed at one time on the outside of the premises to eight. Voting Aye: Buhrman, Cadotte, Thacker. Voting Nay: Ekstrom, Howell, Nadeau. Not Voting: None. Abstaining: None. Absent: Franzen. Motion failed to pass. Chairman Howell called for the vote on the original motion. 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: David Kotiw Z-587 3320 Bull Valley Road Chairman Howell at 8:17 p.m. called to order the Public Hearing regarding a petition for: 1. Zoning map amendment to RM-2 High Density Multi-Family Residential District; 2. Conditional use permit to allow the RM-2 lot area per dwelling unit; 3. Conditional use permit to allow two detached parking structures on the premises; 4. Variance to exceed the size of a detached garage; 5. Variance to the side yard building setback requirements; 6. Variance to the front yard building setback requirements; as requested in File No. Z-587 as filed by David Kotiw for the property located at 3320 Bull Valley Road. Chairman Howell stated notice of this Hearing was published in the Northwest Herald on June 21, 2003. A Certificate of Publication is on file in the Office of the City Clerk. Certified written notices were provided to all abutting property owners. An Affidavit of Service and Posting is on file in the Office of the City Clerk. In attendance were applicants David and Sherry Kotiw who were sworn in by the Chairman. Also in attendance were the following interested observers/objectors: 1. Mark Higby, 706 S Broadway, McHenry 2. Dorothy Bangle, 706 S Broadway, McHenry 3. Mary Lou Heald, 807 S Carol Ave, McHenry 4. Eric Dowd, 3212 Stillhill Dr, McHenry 5. John Clemens, 1003 Hilltop Blvd, McHenry 6. Bill and Diana Blauw, 3323 Bull Valley Rd, McHenry 7. Gary Lechner, 3108 W Beach Dr, McHenry Page 5 P&Z Commission 7/10/03 8. Dale and Nora Brown, 602 S Hilltop Blvd, McHenry 9. Robert and Betty Dobbertin, 609 S Hilltop Blvd, McHenry 10. Florence Brennan, 3103 W Kinley Blvd, McHenry 11. Howard Liexow, 3207 W Terrace Dr, McHenry 12. Emanuel Pilat, 701 S Broadway, McHenry 13. Sandra Rigsby, 608 Hilltop Blvd, McHenry 14. Judy O’Halleran, 606 Hilltop Blvd, McHenry 15. Robert Ehredt, 3445 N Shore Dr, Delavan, WI 53115 16. Frank Ehredt, 3220 Bull Valley Rd, McHenry 17. Joe and Marty Kampmeier, 2906 W Gregg Dr, McHenry 18. Carol Meyer, 3218 Foxview Highland Dr, McHenry 19. Donna Munson, 2911 Gregg Dr, McHenry 20. Pam Militante, 2913 Gregg Dr, McHenry 21. Richard Munch, 2910 Bull Valley Rd, McHenry 22. Nick Sieverin, 3207 Biscayne Rd, McHenry 23. Kathy Reese, 3303 Bull Valley Rd, McHenry 24. William and Robarta Vesper, 3205 Vista Terr, McHenry 25. John Martin, 3203 Vista Terr, McHenry 26. Brian Peters, 805 Broadway, McHenry 27. Mary Katenhusen, 717 Hilltop Blvd, McHenry 28. Scott Knoll, 3200 Bull Valley Rd, McHenry 29. Brian Norris, 3112 Kinley Blvd, McHenry 30. Dan Krolack, 3106 Miller, McHenry 31. Mel Stiles, 3502 Biscayne Rd, McHenry 32. Sharon Sullivan, 705 Hilltop Blvd, McHenry 33. Mark Das, 3108 Stillhill Dr, McHenry 34. Lupe Kellmann, 3208 Biscayne Rd, McHenry 35. Jackie Cherone, 3209 Terrace Dr, McHenry 36. Daniel and Lorraine Bixler, 1207 S Capri Terr, McHenry 37. Edward Ligeza, 1210 S Capri Terr, McHenry 38. Melanie Brown, 811 Carol Ave, McHenry 39. Beth Dowsett, 609 S Broadway St, McHenry 40. Sherry Ehredt, 3310 Bull Valley Rd, McHenry 41. Paul and Marcia Antens, 3301 Bull Valley Rd, McHenry 42. John Vlcek, 805 S Pearl Ave, McHenry 43. Dennis and Jennifer Meyer, 615 Orchid Path, McHenry. Mr. Kotiw stated he is proposing the construction of an apartment building on his property located at 3320 Bull Valley Road. It would be a three-story structure in compliance with the ADA. An elevator would be installed. A total of 24 units would be included in the building. City Planner Martin provided an overview of the Staff Report. He noted the three-store building would access Bull Valley Road. The site is the same property upon which Avonlea previously petitioned the City for a senior assisted living facility. The City rejected the Avonlea proposal. Mr. Kotiw initially presented his project to Council for preliminary review in March 2003. Staff believes the proposed land use is appropriate for the site. It would serve as a transition for the single family properties to the south. Additionally, it would satisfy one of the requirements of the comprehensive plan which identifies affordable multi-family housing as a need in the City. Page 6 P&Z Commission 7/10/03 The density is too high at 12 dwelling units per acre. Staff believes RM-1 zoning would be more appropriate, 4-9 units/acre. If RM-1 zoning is granted, a conditional use for the parking structures would no longer be necessary. Planner Martin noted as the proposed structure would abut property on three sides with more restrictive zoning, a landscape screening strip would be required. Staff suggests a berm with evergreen trees. Planner Martin stated with regard to potential impact on traffic in the area, as indicated in supported documentation for a 24-unit apartment complex, 159 trips per weekday would be generated. An 18-unit complex would generate 119 tips per day. Weekday morning rush would create 13 trips for a 24-unit facility; 10 trips would be created by an 18-unit facility. The Weekday evening rush would create 16 trips for a 24-unit facility; during the same time period approximately 12 trips would be generated for an 18-unit facility. In conclusion, Planner Martin stated Staff recommends denial of the request for RM-2 zoning and believes RM-1 density is more appropriate to this area. Staff recommends no more than 18 units be constructed on the site. If RM-1 zoning is granted, neither conditional use permit would be required, nor would the variances be needed to facilitate the applicant’s request. Chairman Howell inquired if Mr. Kotiw would be willing to downsize the project to 18 units. Mr. Kotiw responded in the negative as the project would not be financially feasible with less than 24 units. He stated he anticipates an onsite manager, which drives the cost up and would not be possible with less than 24 units. Chairman Howell invited questions and/or comments from the Commissioners. In response to an inquiry, the applicant stated he purchased the subject property approximately one year ago and believes it to be conducive to the proposed use, particularly in light of surrounding amenities in the area. Commissioner Thacker expressed his belief that 24 units is too dense for this project. In response to an inquiry, the applicant stated he would screen the parking structures from the residents to the south with a berm and trees. The applicant stated all structures on the site would be constructed of upscale materials, including masonry. The height of the berm would be 3’ plus the evergreen plantings. Some discussion followed regarding the water detention/retention on the premises. If water is permanently retained on the site, an aerator would be utilized to prevent stagnation. Proposed rental costs would be approximately $775-$825 per month for one-bedroom units and $950-$1050 for two-bedroom units. Planner Martin stated the proposed rental rates are within the range of existing apartment rates in the community. Question was raised as to the potential screening of tenants. The applicant stated he would be running the apartment utilizing a hands-on basis with the interest of the community at heart. He noted most of his tenants would be long term rentals. Statistics indicate there is a need for this type of residential facility in the community. Attorney Cahill stated limiting the number of habitants utilizing the floor area ratio/resident would be permitted in any community. Chairman Howell invited questions and/or comments from those in the audience. He stated all wishing to speak would be sworn in. Page 7 P&Z Commission 7/10/03 Paul Antens, 3321 Bull Valley Road: Mr. Antens spoke on behalf of numerous residents of McHenry Shores in opposition to the proposed apartment complex. He presented a petition including 400 residents of McHenry Shores opposing the project. Mr. Antens referenced the 1999 approved Comprehensive Plan and stated the subject property is projected to be low density single family residential. Planner Martin stated the Comprehensive Plan is merely a guide to plan for the community. Some discussion followed as to the Comprehensive Plan’s recommended density of the property. It was determined that low density is projected for this property. Mr. Antens stated the proposed multi-family would not buffer the McHenry Shores Subdivision from Miller Road and the multi-family facility to the north. Mr. Antens then addressed the approval criteria for zoning map amendments as stated in the application and stated these criteria have not truly been met. He commented the proposed development does not conform to the trend of development, is not compatible with surrounding uses, is not consistent with the comprehensive plan, and does not further public interest. Mr. Antens, referencing the approval criteria for conditional uses, noted the proposed apartment complex will adversely impact traffic in the area, will actually be an environmental nuisance to existing wetlands and fens, and will disrupt the neighborhood character. Additionally, this project will overburden public services and facilities and will be detrimental to public safety. Mr. Antens inquired as to the possibility of construction of single family homes on this property as opposed to multi-family units. Marty Kampmeier, 2906 West Gregg Drive: Ms. Kampmeier inquired if the applicant had done a real estate impact survey on the surrounding homes which would result following the construction of multi-family on this site. Mr. Kotiw stated he had not. Ms. Kampmeier stated she is a real estate professional and noted there would be a very real negative impact created by this development. Ms. Kampmeier also stated the construction of an apartment building at this location would open the door for additional complexes along Bull Valley Road. She opined single family homes on the site would be preferable. Apartment buildings are needed in McHenry, but not at this location. An apartment building at this location would compromise the integrity of the City. Ms. Kampmeier asked the Commission to deny the requested action. Brian Peters, 805 South Broadway: Mr. Peters inquired if Mr. Kotiw would ultimately have a management firm come in to manage this property. Mr. Kotiw responded in the negative. There would be no planned subsidized housing on the premises. Mr. Peters, as a gang and narcotics police officer for the State of Illinois, expressed concern about having an apartment complex in this vicinity. Chairman Howell announced a brief recess at 9:17 p.m. The Public Hearing was reconvened at 9:22 p.m. John Vlcek, 805 South Pearl Avenue: In response to Mr. Vlcek’s inquiry, Mr. Kotiw stated he would be seeking long-term tenants. Mr. Vlcek inquired how children would get to the park and expressed his concern for their safety in crossing Bull Valley Road and Charles Miller Highway without benefit of a sidewalk. Chairman Howell closed the public comment portion of the Hearing at 9:27 p.m. Page 8 P&Z Commission 7/10/03 Planner Martin reminded the Commission the requests being considered this evening is for a map amendment to RM-2 High Density Multi-Family Residential District and a conditional use permit to allow the RM-2 lot area per dwelling unit. The requests for variances are no longer necessary. Chairman Howell and Commissioner Cadotte opined the project is worthwhile and includes a well-designed building. Commissioner Thacker indicated the proposed density is too high. It was the consensus of the Commission the proposed density is too great for this property and not appropriate for this location. The Commission, however, stated the proposed building structure is well-designed. Motion by Cadotte, seconded by Nadeau, to recommend to City Council that upon annexation the request for a zoning map amendment to RM-2 High Density Multi-Family Residential District with a conditional use permit to allow RM-2 lot area per dwelling unit be granted, as requested in File No. Z-587 filed by applicant David Kotiw for the property located at 3320 West Bull Valley Road; that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, has been met; and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Howell. Voting Nay: Buhrman, Ekstrom, Nadeau, Thacker. Not Voting: None. Abstained: None. Absent: Franzen. Motion failed 2-4. Chairman Howell adjourned the Public Hearing at 9:37 p.m. Chairman Howell announced a brief recess at 9:39 p.m. The meeting was reconvened at 9:45 p.m. Other Business Planner Martin updated the Commission on City Council Agenda items and upcoming Planning and Zoning Meetings. Page 9 P&Z Commission 7/10/03 Adjournment Motion by Ekstrom, seconded by Cadotte, to adjourn at 10:07 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.