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HomeMy WebLinkAboutMinutes - 07/06/2006 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting July 6, 2006 Chairman Howell called the July 6, 2006 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. In attendance were commissioners Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Absent: Thacker. Also in attendance were Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer. Approval of Minutes Motion by Cadotte seconded by Nadeau, to approve the June 1, 2006 regularly scheduled meeting of the Planning and Zoning Commission as presented. Voting Aye: Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: Buhrman. Absent: Thacker. Motion carried 6-0. The Oaks at Irish Prairie Subdivision Unit 1 and Unit 2 Final Plat Approval In attendance was Mark Fields of Town and Country Homes, property owner and developer of the Oaks at Irish Prairie Subdivision. Chairman Howell noted Town and Country Homes is seeking Final Plat approval of Units 1 and 2 of their McHenry Integrated Design District project known as The Oaks at Irish Prairie Subdivision. Planner Zeller provided the Commission with the Staff Report regarding this matter. She noted the preliminary plat for this project was approved approximately one year ago. Since that time, the applicant has been working with the City Engineers to address all of their concerns. Staff supports the approval of the proposed Final Plats of Unit 1 comprised of 98 acres and Unit 2 comprised of 22 acres. Chairman Howell invited questions and/or comments from the commissioners. Responding to an inquiry, Mr. Fields stated the applicant intends to begin mass grading in the next few weeks and hopes to have model homes ready for public viewing in early November. Planner Zeller responded to a question noting City water and sanitary sewer services are adequate to accommodate the needs of this development. She noted the expansion of the South Wastewater Treatment Plant is nearly complete and the waste from this subdivision would flow to that facility. Question was raised as to the possible response time for fire and safety to the residences contained in the development. Planner Zeller noted the subdivision would lie within the McHenry Township Fire Protection District and would be served by the McHenry Police Department. Planning and Zoning Commission July 6, 2006 Page 2 Some discussion occurred regarding the proposed Home Owners' Association which would be responsible for continued maintenance of all commonly-owned parcels. Planner Zeller stated the City would expect the HOA would maintain these parcels in perpetuity. Property maintenance would not revert back to the City. Responding to an inquiry regarding Parcel 7, Mr. Fields noted it is a conservation area designed to preserve the existing stand of trees. The subdivision covenants and language on the Final Plat will ensure that trees within the conservation areas will not be removed. There were no public comments regarding this matter. Motion by Cadotte, seconded by Nadeau, to recommend to the McHenry City Council that: • the Final Plat of The Oaks at Irish Prairie Unit 1 as prepared by Cemcon Ltd dated 10/24/05 with a revision date of 6/28/06 be approved subject to the following conditions: 1. Approval of final engineering by the City Engineer; and 2. Recordation of the plat within six months of City Council approval; and • the Final Plat of The Oaks at Irish Prairie Unit 2 as prepared by Cemcon Ltd dated 10/24/05 with a revision date of 6/27/06 be approved subject to the following conditions: 1. Approval of final engineering by the City Engineer; and 2. Recordation of the plat within six months of City Council approval. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. Public Hearing – Professional Realty and Development Corporation File No. Z-680 3300 Charles Miller Road Chairman Howell at 7:42 p.m. convened the Public Hearing regarding File No. Z-680, an application for conditional use permit to allow a nursing home on the property located at 3300 Charles Miller Road, as well as a variance to allow multiple buildings on the site, upon amendment of the Busch-Knox Annexation Agreement, as requested by Professional Realty and Development Corporation (PRDC). Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 17, 2006. Certificate of Publication is on file in the City Clerk's Office. Certified notice was mailed to all abutting tax payers of record. An affidavit of notification compliance is on file in the City Clerk's Office. In attendance representing the applicant were the following: Attorney Mark Saladin of Zanck, Coen & Wright P.C.; Virginia Gulley of PRDC; Corey Mase of Condon Consulting Engineers; Phil Wall, architect with PRDC. Chairman Howell swore in Ms. Gulley, Mr. Mase, and Mr. Wall. Planning and Zoning Commission July 6, 2006 Page 3 Also in attendance were the following who wished to speak to the commissioners regarding this matter: 1. Dave Service, 231 S Loch Glen Lane, McHenry IL 60050 2. Cheryl Nadeau, 3304 Bretons Drive, McHenry IL 60050 Attorney Saladin stated the applicant is requesting a conditional use permit to allow a memory care unit on their property located at 3300 Charles Miller Road. The site is comprised of 13 acres. The applicant is also seeking a variance to permit multiple buildings on a zoning lot. The site currently has an assisted living facility on the premises. The second building would house residents suffering from beginning stages of dementia. Attorney Saladin stated the applicant realizes an amendment of the Busch-Knox Annexation Agreement would be required to allow the facility on the premises. Ms. Gulley stated the existing assisted living facility on the premises has 114 units. PRDC would like to expand the campus to include a 36-unit memory care facility designed to accommodate all types of dementia. The facility would be licensed through the Illinois Department of Public Health as an assisted living facility with staff trained for a memory care facility. Chairman Howell invited questions and/or comments from the commissioners. Question was raised if the facility would accommodate any subjects with a brain injury. Ms. Gully responded the second building would be age-restricted the same as the existing facility. If the subject met the age criteria and mobility requirements, then it could be possible to accept brain injury patients. Each unit would have its own bathroom; however, there would be no individual showers. There would be four assisted bathing areas located in the building. The building would be designed with merely sleeping rooms. All activities, meals, gatherings, etc. would occur in group/meeting areas. In response to an inquiry, Ms. Gulley stated the Staff/resident ratio would be 1/6 during the day shift, 1/9 during the p.m. shift, and 1/12 during the night shift. Ms. Gulley pointed out the uniqueness of the proposed building in that there are no dead-end hallways. The building is designed around a common green space garden area in the center which has a calming affect on the residents. The building will be secure and will appear much more residential in nature than a nursing home. Ms. Gulley noted the Staff will be specially trained in memory care facility service. Fees will be charged on a month-to-month basis for residents; however, the monthly rates have not yet been determined. In response to a question, Ms. Gulley stated PRDC has no other memory care facilities at this time. Responding to an inquiry, Ms. Gulley stated if a resident's health deteriorates to a point where they are no longer mobile, they would have to be moved to a nursing home facility where this level of care could be provided. Discussion regarding the proposed emergency access drive shown on the site plan. The emergency access was requested by the Fire District. Its entrance from Charles Miller Road would be chained so that it would only be utilized for emergency vehicles. Responding to further Planning and Zoning Commission July 6, 2006 Page 4 inquiry, Mr. Wall stated all exit doors in the memory care facility would be alarmed with connection to the reception area. Ms. Gulley noted all rooms would be single occupancy. Planner Zeller provided the commissioners with the Staff Report regarding this project. Planner Zeller stated the subject property is zoned RM-1 Low Density Multi-Family which provides for the proposed use on the site. A memory care facility is categorized as a nursing home in the Zoning Ordinance. A nursing home requires a conditional use permit in the RM-1 District. A variance is also required to allow multiple buildings on a zoning lot. Planner Zeller noted an amendment to the Busch-Knox Annexation Agreement is required to allow the applicant's requests. Planner Zeller stated the proposed memory care facility is a good fit for this site. The applicant has agreed to dedicate land for future possible extension of Valley Road to Charles Miller Road as well as for the possible expansion of Charles Miller Road. Staff supports the applicant's requests. Chairman Howell invited public comment/questions regarding this matter. The following were sworn in by Chairman Howell prior to speaking before the commissioners: David Service: Mr. Service inquired if the City proposes to extend Valley Road from his subdivision through to Charles Miller Road at this time. Planner Zeller responded there are no immediate plans to extend Valley Road through the subject property to Charles Miller Road. However, the City would like to reserve right-of-way, so that this extension could occur in the future if the City deems it appropriate. Cheryl Nadeau: Ms. Nadeau, who is a registered nurse at Alden Terrace, inquired if PRDC was proposing a continuing care facility for Alzheimer's patients. Ms. Gulley responded in the affirmative. Ms. Nadeau asked what type of care givers would be hired to staff the facility. Ms. Gulley responded the care givers would be specially trained in this type of care. Ms. Nadeau inquired what stages of dementia would be allowed residency in the facility. Ms. Gulley stated Stages 1 and 2 and possibly Stage 3 dementia would be permitted. Severe cases would not be admitted. Residents must be mobile in order to reside on the premises. Responding to another inquiry, Ms. Gulley stated the units would be alarmed. Responding to Ms. Nadeau's question, Ms. Gulley stated the establishment would not be staffed by nurses and therefore medications would not be dispensed on the premises. Ms. Nadeau expressed concern regarding the number of available beds in area assisted living facilities and nursing homes. She questioned the need for yet another senior facility having 36 beds in the area. Ms. Nadeau also inquired as to a required certificate of need for the facility. Ms. Gulley responded PRDC must meet Illinois Department of Public Health requirements for a memory care facility. Ms. Gulley further stated Staff in any kind of assisted living facility (which the memory care units would be categorized) is permitted to help with up to two daily living activities. Residents need to be able to take their own medication. Responding to additional questions, Ms. Gulley stated when the physical and/or mental state of a resident deteriorates, they would then be required to move to a higher care facility. There are no plans to expand the Angelus East to such a facility. Staff would assist the resident in seeking alternative residency in another facility, i.e. a nursing home. Planning and Zoning Commission July 6, 2006 Page 5 Ms. Gulley noted a second building is required for the memory care facility because the building must be constructed of non-combustible materials and the structure must be constructed as a one- story building for safety of the occupants. Attorney Saladin noted there is a need for a memory care facility in the community. Licensing for this unit would be covered by the Illinois Department of Public Health. Motion by Cadotte, seconded by Buhrman, to recommend to City Council with regard to File No. Z-680, to grant the request for a conditional use permit to allow a nursing home on the premises located at 3300 Charles Miller Road, upon amendment of the Busch-Knox Annexation Agreement; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None Abstaining: None Absent: Thacker. Motion carried 6-0. Comments by Commission: Chairman Howell stated Angeles East is a well run facility and the proposed addition will provide needed services for the community. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-680, to grant the request for variance to allow multiple buildings on a zoning lot upon amendment of the Busch-Knox Annexation Agreement; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None Abstaining: None Absent: Thacker. Motion carried 6-0. Chairman Howell closed the Public Hearing at 8:14 p.m. Public Hearing – Jim Pappas File No - Z-676 921 North Front Street Chairman Howell opened the Public Hearing at 8:15 p.m. for File No. Z-676, an application for the following as submitted by Applicant James Pappas for the property located at 921 North Front Street: 1. Variance for building setback to allow the continued use of existing buildings; 2. Variance to reduce the number of required parking spaces; 3. Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant. Planning and Zoning Commission July 6, 2006 Page 6 In attendance were Applicant James Pappas, architect Mike Coan, and Attorney Steven Cuda. Chairman Howell swore in Mr. Pappas and Mr. Coan. Also in attendance were the following persons who wished to address the Commission regarding this matter: 1. Bernie Matchen, owner and proprietor of 3910 West John Street, McHenry IL 60050. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 17, 2006. A Certificate of Publication is on file in the City Clerk's Office. Certified notice was sent to all abutting property owners of record. An affidavit of service as required by the Zoning Ordinance is on file in the City Clerk's Office. Attorney Cuda stated the applicant has been working on ways to resolve problems with the subject property since January. The applicant purchased the property one year ago from McHenry County Glass. Mr. Cuda distributed copies of correspondence with attachments which was submitted to the City on June 6, 2006. He pointed out on the attachments there were originally three buildings on the premises. The applicant demolished one of the buildings. Attorney Cuda noted this is a problematic site. Staff has reviewed the proposed uses and has determined 80-85 spaces should be required. The applicant has provided 26 spaces on the site plan. Attorney Cuda noted the applicant has met with the City Administrator and Mayor Low. The applicant initially sought C4 Commercial Zoning for the site which has no parking requirements. However, Staff was not comfortable in recommending a zoning change for the property. Staff suggested the applicant maintain the C5 zoning but seek variances as to setbacks and parking requirements. Attorney Cuda opined the setback variance for the existing buildings is reasonable, as the buildings have been in existence for 50-60 years. The parking shortage is an issued which must be considered. Architect Coan stated the subject property is a very complex site. The applicant proposes a building expansion on the northern building to accommodate a kitchen area for the proposed restaurant use on the first floor of this building. The second floor houses a three-bedroom apartment, to be maintained as is. The southern building is currently being used for Mr. Pappas insurance agency office, as well as warehousing Mr. Pappas various belongings. Architect Coan noted the primary entrance for the Mexican restaurant would be at the rear (west side) of the building, although there will be an entrance on the front (east side) as well. Attorney Cuda stated the applicant is also seeking a conditional use permit to allow the service of alcoholic beverages in conjunction with the restaurant. There will be no bar. Attorney Cuda noted there have been preliminary discussions with the City regarding the creation of a licensing agreement to protect both parties regarding the existing encroachment of the northernmost building in the public right-of-way (John Street). Planner Zeller provided the commissioners with a Staff Report regarding this project. She noted this is an existing tricky site. The applicant has chosen to demolish one of the three buildings on the premises. She opined the only way the applicant could come close to meeting the parking requirements for this site would be to tear down all of the buildings and totally redevelop the site. Planning and Zoning Commission July 6, 2006 Page 7 Staff does not feel this is fair to the applicant. Planner Zeller acknowledged the City wants to improve the site. It is hoped the 26 available parking spaces will be adequate. Staff supports the applicant's requests. Mr. Pappas addressed the commissioners noting he is in the insurance and development businesses. He stated he purchased the property in order to place an Hispanic insurance agency in town. The Hispanic population continues to grow and he wanted to provide this service for them. Mr. Pappas stated he hopes to lease the northern building to a Mexican restaurant owner. He stated he intends to maintain the apartment above the restaurant, noting five or six restaurant employees, or perhaps even more, could conceivably live in the apartment. He noted he does not want to pave the parking area until after the kitchen area addition has been completed. Mr. Pappas reiterated he is utilizing the office building largely for his personal storage. Suggestion was made that the Applicant remove/demolish a portion of the office building to create a larger area for parking on the premises. Mr. Pappas noted he would lose his storage capacity in the building. Additionally, due to the type of structure of the building, it might not be possible to remove a portion of it. Some discussion followed regarding possibilities in the area for overflow parking. Mr. Pappas stated his willingness to purchase the property which abuts his property to the south, however, the property owner is unwilling to sell her property. Attorney Cuda suggested the municipal parking lots on Main Street could be used for overflow parking. Responding to an inquiry, Mr. Pappas stated the restaurant would likely employ 10-12 persons. His insurance office employs two persons. He noted he would not allow employee parking on the premises. Discussion continued regarding parking shortage and possible ways to provide for overflow or additional parking. Chairman Howell invited Public Comment from the audience. The following were sworn in by Chairman Howell: Bernie Matchen: Mr. Matchen noted there is an easement which cuts across his property. The easement provides access from the Municipal Parking Lot on Main Street to the John Street right-of-way. Mr. Matchen stated he has dealt with the City's Police Department, the Mayor's Office, the Fire District, and has been unsuccessful in keeping the easement and the John Street right-of-way clear. He opined if the applicant is shy 50 parking spaces, his business located at 3910 John Street will suffer because of it. He stated propane tankers, lumber delivery trucks, and other vehicles continually utilize John Street for parking purposes, and in doing so, prevent traffic from moving on the roadway. He stated his business has been located at this site for 35 years and the only day in which parking is available in the Main Street Municipal Lots is Mondays, when Plum Garden is closed. John Street is congested all day every day. Mr. Matchen stated it would be an asset to the neighborhood to have a Mexican restaurant in this location, but there is not enough parking to accommodate the use. Mr. Matchen provided the Commission with photos of John Street indicating its daily congestion. There were no further comments from the public regarding this matter. Further questions and/or comments were sought from the Commission. Planning and Zoning Commission July 6, 2006 Page 8 Suggestion was made that the applicant downsize the restaurant so that less parking would be needed. Attorney Cuda noted that parking is the issue. Staff would like to see this property redeveloped, but parking is the problem. He noted if C4 zoning were granted, there would be no parking considerations. C4 District does not having parking requirements as it recognizes the difficulty in securing adequate parking in the downtown commercial district. Attorney Cuda stated if this site is to be improved, the City will need to grant variances from the parking requirements. Suggestion was made to reduce the size of the insurance office building and to utilize the area for parking. Mr. Pappas stated he has warehoused a lot of his personal possessions in the building and he would not have anywhere to store his belongings if a portion of this building were taken down. Lengthy discussion continued. It was noted if the entire office building was removed from the site, the applicant would likely gain only 10-12 parking spaces. Attorney Cuda suggested Mr. Coan inspect the office building to determine if it is possible to remove a portion of it, and, how many parking spaces would be gained by the removal. Chairman Howell called for a recess at 9:08 p.m. The Public Hearing was reconvened at 9:13 p.m. with all commissioners still in attendance. Attorney Cuda suggested the Commission recess this Public Hearing until Thursday, August 3, 2006 at 7:30 p.m. so the applicant can review the site for ways to increase available on-site parking and/or to determine if arrangements can be made for off-site parking in the area. Motion by Cadotte, seconded by Nadeau, to recess the Public Hearing regarding File No. Z-676, an application for the following as submitted by Applicant James Pappas for the property located at 921 North Front Street: 1. Variance for building setback to allow the continued use of an existing building; 2. Variance to reduce the number of required parking spaces; 3. Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant; until Thursday, August 3, 2006 at 7:30 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None Abstaining: None Absent: Thacker. Motion carried 6-0. Comments by Commissioners: Nadeau believes this project would be good for this site and improve this area of town once the parking issue has been resolved. Ekstrom stated it is a good thing to upgrade the buildings, however, she is hesitant to grant parking variances in light of the recent fiasco at TacoBell/Long John Silver's following parking variances being granted on that site. Planning and Zoning Commission July 6, 2006 Page 9 Mr. Pappas stated he will consider removing 50' of the office building in order to provide for increased parking on the site. Chairman Howell recessed the Public Hearing at 9:17 p.m. Public Hearing - City of McHenry File No. - Z-681 Text Amendment Chairman Howell at 9:18 p.m. convened a Public Hearing regarding File No. Z-681, a proposed text amendment to the Zoning Ordinance to provide for Wireless Communication Facility requirements, as submitted by the City of McHenry. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on June 17, 2006. Planner Zeller provided the Commission with background information on the proposed text amendment. She stated the City has from time to time been approached by wireless communication providers to attached facilities to existing structures in town. Additionally, providers have sought permission to construct new facilities within the community. No guidelines or requirements have previously been incorporated into the Zoning Ordinance. The Council's Community Development Committee has reviewed suggested requirements to be implemented for both permitted use wireless communication facilities (WCF) (to be located on existing structures) and conditional use wireless communication facilities (to be located on new WCF structures). The Committee recommend to the City Council that the requirements included in this evening's packet be approved. Council directed the Planning and Zoning Commission hold a Public Hearing to hear all testimony regarding the proposed Zoning Ordinance text amendment. Planner Zeller stated Staff supports the proposed text amendments and seeks Commission input and recommendation to Council. Brief discussion occurred regarding the possibility of the City becoming a wireless communication community. Planner Zeller noted the City's IT Specialist is working on this issue. She stated the cost of providing this service would be dependent on the contract/agreement made with the provider. Suggestion was made that the cost of providing such service could be tacked on to water/sewer billing. It was noted the commissioners would not be in favor of wireless communication facilities being attached to such structures as church steeples, unless they were made to blend in aesthetically. Attorney Cahill suggested language could be added to proposed aesthetic requirements stating "as long as the WCF blends into existing structures". Planner Zeller noted Staff is attempting to minimize the number of new WFC's in the community by encouraging the erection of WCF's on existing structures in the community. Suggestion was made by the commissioners that WCF's be allowed only through the issuance of conditional use permits. Attorney Cahill noted Federal regulations will not allow for this. WCF's must be an allowable use somewhere in the City. The requirement of a conditional use permit is allowed only when construction of a new structure as a WCF primary use is being sought. Planning and Zoning Commission July 6, 2006 Page 10 Some discussion followed regarding modifications to clarify language in the proposed text amendment. Commissioners agreed to make the following changes: Page 3 Paragraph 4(a) Should read as follows: "WCF's shall be designed to blend in with surrounding area. This may mean that the facility be designed as a flag pole, tree or other similar structure. It can also mean that the WCF be painted and designed to blend in with the adjacent are and/or structure on which it is located. Page 3 Paragraph C(5) Should read as follows: The WCF operator is required to notify the City within 30 days of abandonment. All WCF's shall be removed within 90 days of abandonment unless an extension is otherwise granted. Page 5 Paragraph G Add definition for ABANDONMENT. Motion by Cadotte, seconded by Buhrman, to recommend to Council with regard to File No. Z- 681, a text amendment to the City's Zoning Ordinance to provide for Wireless Communication Facility requirements, be granted as amended. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. The Public Hearing was closed at 9:46 p.m. Other Business There was no Other Business discussed. Adjournment Motion by Nadeau, seconded by Cadotte, to adjourn the meeting at 9:48 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 6-0. The meeting was adjourned at 9:48 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary