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HomeMy WebLinkAboutMinutes - 08/15/2002 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION August 15, 2002 The August 15, 2002 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Vice Chairman Howell at 7:30 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Cadotte, Ekstrom (arrived at 7:40 p.m.), Howell, Nadeau. Absent: Franzen, Thacker. Staff in attendance: City Attorney Cahill, City Planner Martin, Deputy Clerk Kunzer. Also in attendance was Alderman Glab. Motion by Buhrman, seconded by Nadeau to approve the Planning and Zoning Commission Minutes: July 11, 2002 regularly scheduled meeting; July 18, 2002 regularly scheduled meeting as presented. Voting Aye: Buhrman, Cadotte, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Ekstrom, Franzen, Thacker. Public Hearing: Jeffrey Kleinhans File No: Z-554 2911 and 2913 West Route 120 Vice Chairman Howell at 7:36 p.m. called to order the Public Hearing regarding the Petition filed by Jeffrey G. Kleinhans for:  Conditional use permit to allow an expansion of the existing motor vehicle sales lot;  Variance regarding building setback of existing building on premises  Lot width variance required in the commercial zoning district;  Preliminary Plat and Final Plat approval for a two-lot resubdivision. The subject property is located at 2911 and 2913 West Route 120 in McHenry and was annexed to the City in August 1995. In attendance were Attorney Lisa Waggoner, and Petitioner Jeffrey Kleinhans. Vice Chairman Howell swore in the petitioner and his attorney. City Planner Martin provided an overview of the Petition before the Commission. He noted the subject property is comprised of many small lots. The Petitioner is resubdividing the property in an effort to clean up the property and resolve outstanding zoning issues. Commissioner Ekstrom arrived at 7:40 p.m. City Planner Martin noted concerns have been expressed by neighbors of the property regarding the parking of vehicles in the roadway of Northside Avenue. The sales lots is not currently striped and is very disorganized. He also stated the request for the setback variance is a procedural issue as it should have been addressed at the time of annexation and zoning in 1995. Staff has indicated the open sales lots should be striped to provide organization and ease traffic flow on the site. Finally, Staff has requested that the Bass Pro Shop sign be removed as it is an off-site advertising sign on the premises. Page 2 P&Z Commission 8/15/02 In conclusion, Planner Martin stated Staff supports the conditional use expansion and variance requests. Vice Chairman Howell noted all publication requirements had been met. Notice was published in the Northwest Herald on July 30, 2002. An Affidavit of Service is on file in the office of the City Clerk. Attorney Waggoner stated the Petition before the Commission this evening involves the resubdivision of 5 lots into 2 lots. The Applicant is also requesting an expansion of the existing conditional use which permits an open sales lot for motor vehicles. In conjunction with the creation of two lots, a lot width variance for property located within a commercial zoning district is being sought. City ordinance requires a minimum 200 foot lot width. The resulting two lot widths would be 144’ (Lot 1) and 100’ (Lot 2). Attorney Waggoner noted the building setback request is to accommodate existing structures on the premises. The size of the property is .78 acres. Staff’s request for a cross access easement between the two lots is not amenable to the Applicant. Attorney Waggoner, referencing Staff’s Report regarding the Petition, noted the Applicant concurs with all requests with the following exceptions: • The Applicant would prefer that the sales lot not be striped as valuable display space would be lost; • The applicant wishes to retain the Bass Pro Shop sign for his tenant who has relocated to another site on Northside Avenue following a fire last Spring. The sign is currently being utilized to indicate the business relocation to its new site. A lengthy discussion occurred regarding the removal of the sign. It was suggested Council make a determination with regard to the status of the sign on the premises. Attorney Waggoner stated the Applicant is seeking approval of the Preliminary/Final Plat of Resubdivision for the subject property. In response to Vice Chairman Howell’s inquiry, questions were addressed regarding the Final Plat. It was the consensus of the Commission the three existing access points onto Route 120 were excessive and should be reduced. Planner Martin noted this would be at the discretion of the Illinois Department of Transportation. The Commission concurred the easternmost access onto Route 120 should be removed from the plat as well as the northernmost access onto Northside Avenue. In response to an inquiry, Planner Martin stated sidewalks are required unless Council deems them inappropriate, in which case the developer would be obligated to pay a pro rata share to the City’s Sidewalk Fund. Discussion occurred regarding the lack of information found on the Final Plat, i.e. easement locations, sidewalk location, etc. Mr. Kleinhans said the garage if constructed on Lot 1 would be used for detailing vehicles for the used car business. Only minor mechanical repairs would possibly be done on the site. Vice Chairman Howell inquired if there were questions from the audience. Mr. Frank Mueller of Woodstock spoke on behalf of his mother who is a neighbor of the subject property. Mr. Mueller stated if the access points onto Route 120 are not reduced, traffic would increase from the property onto Northside Avenue. He inquired how Northside Avenue would be Page 3 P&Z Commission 8/15/02 able to accommodate the increased traffic flow. Mr. Kleinhans stated the number of patrons would not exceed one to two per hour and there should be minimal impact on Northside Avenue. Mr. Mueller inquired if drainage from the premises would be controlled especially once the lots and driveways have been paved. He expressed concern regarding increased flooding on neighboring properties. A lengthy discussion ensued regarding the multiple entrances, exits and the potential for drainage issues. Mr. Mueller, upon being sworn, stated he has some concerns regarding the project. The auto dealership allows customers to park on Northside Avenue. In addition, customers at times park in his mother’s driveway and on her lawn. He stated those who run the business need to know there is no parking permitted on the street. The City needs to enforce the no parking issue, as the street is clearly posted “No Parking”. Mr. Kleinhans responded stating he has been actively caring for the subject property. The current tenant has been tenacious about preventing customers from parking in the roadway. He has never seen cars being unloaded in the street. Attorney Waggoner stated the testimony has been completed. She asked the Commission to provide clear direction with regard to outstanding issues. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council that with regard to File Z-554, the request to expand the existing conditional use permit to allow additional open sales lot for motor vehicles for the property located at 2911 West Route 120 be granted, subject to the following conditions: • Landscaping be properly maintained throughout the year; • Cars for sale on the lot shall be prohibited from parking on the grass and in the state right-of- way; • Cars for sale shall be parked in an orderly manner; • The open sales lot shall be striped; • The Bass Pro Shop sign shall be removed within thirty (30) of Council approval of the conditional use permit; • Removal of the easternmost access onto Route 120 in accordance with IDOT’s recommendation; • Removal of the northernmost access onto Northside Avenue; • Restoration of the vacated access points to their original condition within thirty (30) days of their vacation; 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. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Page 4 P&Z Commission 8/15/02 Motion by Cadotte, seconded by Nadeau, to recommend to the City Council that the Preliminary Plat/Final Plat of Resubdivision as presented by Jeffrey Kleinhans, prepared by Conway Survey, dated July 12, 2002 be approved, subject to the following: • The Plat be recorded within six (6) months of City Council approval; • Sidewalk must be shown along Route 120 or in the alternative, the Developer must contribute a pro rata share to the City’s Sidewalk Fund, if Council determines sidewalks are not feasible or practical; • Prior to presentation to the City Council for approval, the Plat shall be brought into substantial compliance with the requirements of the City’s Subdivision Control Ordinance following review by the City’s Engineering Firm and Public Works Department. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council that the Petitioner’s request for setback variances to permit the existing structures on the premises located at 2911 and 2913 West Route 120 be granted; that the Petitioner’s request for variance to permit a minimum lot width of 144’ for Lot 1 and 100’ for Lot 2 be granted; subject to the following condition: • The burned building located on 2913 West Route 120 must be demolished within ninety (90) days of variance approval by the City Council; and that Table 32, the Approval Criteria for Variances, page 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Motion by Ekstrom, seconded by Buhrman, to close the Public Hearing at 9:00 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Public Hearing: Stoneridge Community Church File Z-555 768 Ridgeview Drive Vice Chairman Howell at 9:01 called the Public Hearing to order for the Petition filed by the Stoneridge Community Church for the property located at 768 Ridgeview Drive. The Applicant is requesting a conditional use permit to allow a religious institution in the Inland Business Park. In attendance were Attorney Jerry Majewski, Petitioner Dr. Dan Markwalder, an elder with the Page 5 P&Z Commission 8/15/02 Stoneridge Community Church, and property owner Kathy Loos Shaw. Vice Chairman Howell swore in Mr. Majewski, Dr. Markwalder and Ms. Shaw. City Planner Martin provided an overview of the project, indicating in speaking with the applicant this evening, an expansion of the request is being made. Previously, the Applicant had indicated the use of the subject property would be solely for Sunday worship services and weekday administrative functions. However, the Applicant has since amended the proposed uses to include possible weekday bible studies, weekday evening worship services, and possible Saturday activities. Planner Martin noted the definition for a religious institution was vague enough to include the referenced ancillary uses. Vice Chairman Howell noted all publication requirements had been met. Notice was published in the Northwest Herald on July 31, 2002. An Affidavit of Service is on file in the office of the City Clerk. Attorney Majewski indicated precedent has been set with regard to churches being permitted in an industrial district, i.e. Church of Holy Apostles and Stoneridge Community Church, both previously located in Tonyan Industrial Park. Attorney Majewski asked the Commission to consider the Applicant’s request to utilize the property they are purchasing in the Inland Business Park as a religious institution. He noted the property in question is a condominium unit governed by association covenants. Stoneridge Community Church will have weekend worship services, on Sunday mornings and perhaps on Saturday evenings, as well as evening meetings on weekdays and/or on the weekend, when the remainder of the building is unused. Typical ancillary parish activities are being contemplated. In addition, the Church is seeking permission to hold worship services on days other than weekends for recognized religious holidays, i.e. Christmas, Thanksgiving, etc. Dr. Markwalder provided a brief history of Stoneridge Community Church, noting it was established nine years ago. It first met in Tonyan Industrial Park for four years, and then moved to McHenry West Campus for four years. For the past year, the congregation has been meeting at the District 15 Middle School. There are currently 50 families and approximately 125 parish members. Upon purchase of the condominium unit, the sanctuary would be comprised of approximately 5,000 square feet. The remaining 1,000-3,000 square feet would be utilized for classrooms, administrative office, and a nursery. There is currently no day care or school proposed on the premises. Ms. Shaw, property owner, noted there is a cross access easement agreement between all condominium parties. There would be a maximum of 98 spaces available for parishioner parking on the weekends or on weeknights. She stated the unit would have 25 spaces available for its use during daytime business hours. Discussion occurred regarding types of activities and hours of events occurring on weeknights at the Church. Typical activities could be choir rehearsal, bible studies, and youth group meetings. No event would begin before 6:30 p.m. on a weeknight. All activities including parish board meetings would conclude by approximately midnight. Page 6 P&Z Commission 8/15/02 In response to an inquiry, Dr. Markwalder stated there would be no funeral visitation or services held on the premises. The church would utilize the funeral home for these services. Lengthy discussion continued regarding the scope of ancillary activities/events and the limitations placed upon the number of participants to assure that parking on the premises would be adequate and not exceed condominium usage maximums for daytime use during the week. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council that the Petitioners request to grant a conditional use permit to the property located at 768 Ridgeview Drive be granted, subject to the following: • The Landlord or condominium association must notify the City when other uses are proposed with weekend hours; • Only weekend worship services and the normal day to day administrative office operations for the pastoral staff shall be permitted; • All non-administrative activities shall be limited to weekend hours or weekday evening hours between the hours of 6:30 p.m. and 6:30 a.m.; • Exception may be granted for worship services during weekday hours for recognized religious holidays; • Other ancillary uses may be allowed so long as they comply with the association’s parking regulations; and that Table 31, the Approval Criteria for Conditional Use, pages 357-357 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Motion by Cadotte, seconded by Nadeau, to close the Public Hearing at 9:47 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Other Business Brief discussion occurred regarding the creation of an additional residential zoning district classification. Motion by Ekstrom, seconded by Cadotte, to recommend to the City Council to direct Staff to pursue the establishment of an additional residential zoning district classification of approximtely 1/3 acre to close the gap between the existing classifications of RS1-A (18,000 sf) and RS2 (10,890 sf). Page 7 P&Z Commission 8/15/02 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Discussion followed regarding the aesthetics of the Nettleton Property located at 3100 and 3102 Lincoln Road, which was the zoning case heard on July 18, 2002. It was noted Mr. Nettleton agreed to Staff recommendations that the property be brought into compliance with the City ordinances regarding landscaping, signs and general aesthetics. To date, no property clean up has occurred. The Commission requested Staff bring this matter to Council’s attention when this issue is presented for Council approval. Planner Martin reported there would be Planning and Zoning Commission Meetings scheduled for: 9/5 4618 West Elm Street –conditional use for outside storage 1107 South Route 31 – Gary Lang Resubdivision 9/19 Deer Park Subdivision – south Route 31 – townhomes and business park/commercial Oakwood Drive minor variance. Planner Martin also reported the City’s Landmark Commission is in the process of applying for a grant to repair and renovate the Petersen Farm silo cap. Upcoming issues before the Commission will include a proposed bank in Meijer/Home Depot Subdivision, as well as a possible bank next to Culver’s in Adams Business Park. Planner Martin noted Chili’s located in Meijer/Home Deport will be opening before the end of August. Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 10:04 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Thacker. 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, Applicant, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.