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HomeMy WebLinkAboutMinutes - 08/05/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION August 5, 2004 The August 5, 2004 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:34 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: Planner Martin, Deputy Clerk Kunzer, Attorney Kelly Cahill. Approval of Minutes Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission as presented: July 15, 2004 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: None. Motion carried 7-0. Public Hearing: Pioneer Center for McHenry County File No. Z-621 1315 North Draper Road Chairman Howell at 7:36 p.m. convened the Public Hearing regarding a request for a conditional use permit to allow the operation of group home for the developmentally disabled at 1315 North Draper Road. In attendance representing the applicant were Attorney Mark Saladin; Pioneer Center for McHenry County Executive Director Dr. Jeff Epstein, Chief Operating Officer Lorraine Kupcinski, and Group Homes Manager Kim Daley Johnson; and Realtor Lynn King-Krause. All were sworn in by Chairman Howell. Also in attendance were the following: 1. Susan Miller, 335 North Front Street, McHenry 2. Christine and Don Burger, 6107 Ojibwa Lane, McHenry 3. Edward Floden, 6203 Ojibwa Lane, McHenry 4. Art and Kathy Holt, 3005 Dunham Road, Woodstock, IL 60098 5. Gary and Susan McDougall, 6213 Ojibwa Lane, McHenry 6. Douglas Eschner, 6116 Ojibwa Lane, McHenry 7. Drake Roberts, 5404 Oakwood, Oakwood Hills IL 8. Nancy and John Nelson, 6103 Chickaloon Dr, McHenry 9. Heidi Oravetz, 6522 Sycamore Court, McHenry 10. Joe Perlin, 6522 Sycamore Court, McHenry 11. Duane Hill, 1215 Tamarack Court, McHenry 12. Karen Johanson, 4 Cambridge H.W. P&Z Commission August 5, 2004 Page 2 13. Cheryl McCauley, 402 North Jefferson St, Harvard IL 60033 14. Donald White, 6107 Chickaloon Drive, McHenry 15. Dennis Smith, 604 Silbury Court, McHenry 16. Tina Schneider, 6613 Hayward Court, McHenry 17. Cindy Sullivan, 3203 Hunter Path, McHenry 18. Geri Ferzone, 627 Kresswood Drive, McHenry 19. G.C. and R.W. Stueckemann, 6620 Hayward Court, McHenry 20. Valerie Maple, 6616 Hayward Court, McHenry 21. Marilyn Albanese, 1222 Tamarak Court, McHenry 22. Jim Biddulph, 1230 Tamarack Court, McHenry 23. Susan and David Corkins, 658 Monterey, Crystal Lake IL 60014 24. David Hunt, 6207 Ojibwa Lane, McHenry 25. Paul Durk, 6529 Matanuska Trail, McHenry 26. Bill LeFew, 607 Hart Street, Harvard IL 60033 27. Sheila Cremer, 1103 Matanuska Trail, McHenry 28. Marianne Thibadeau. 6221 Ojibwa Lane, McHenry 29. Dixie and Michael Swanson, 6622 Hayward Court, McHenry. Planner Martin provided an opening statement regarding this evening’s public hearing. He stated Pioneer Center of McHenry County is petitioning the city for a conditional use permit to allow a group home for the developmentally disabled at 1315 N. Draper Road in McHenry. The property in question is zoned RS-1, low-density single-family residential. He further stated group homes require a conditional use permit pursuant to the Zoning Ordinance. The proposed petition submitted by Pioneer Center is unique in that, group homes for persons with disabilities are already governed under Federal Law by the Federal Fair Housing Act passed in 1988. Planner Martin noted as the city’s Zoning Ordinance predates the Fair Housing Act of 1988, some of the ordinance are outdated and require revisions. He stated the intention of the Federal Fair Housing Act is that local municipalities are limited as to their regulation of the siting of these types of homes. Additionally, municipalities cannot impose additional restrictions or standards to prohibit their location. The City of McHenry is limited as to the extent of regulating the location of the proposed group home at 1315 N. Draper Road. Planner Martin state the city can however place a restriction on the number of individuals permitted to reside in the group home. The city intends to pursue amendments to its zoning ordinance to fully comply with the provisions in the Federal Fair Housing Act. The city cannot prevent the siting of a group home at the requested location by Pioneer Center. Chairman Howell stated public notification requirements had been met. Notice was published in the Northwest Herald on July 17, 2004. A Certificate of Publication is on file in the Office of the City Clerk. Notification was made to all adjacent property owners. An Affidavit of Service is on file in the Office of the City Clerk. P&Z Commission August 5, 2004 Page 3 Attorney Saladin provided an opening statement on behalf of the applicant. He noted the subject property is comprised of approximately 3 acres. A circular drive provides easy access from Draper Road. He stated there is not direct access to the property from either Chickaloon Drive or Ojibwa Trail. The residence on the property is a brick ranch-style structure. There is no basement. Mature landscaping screens the property from adjacent properties. Attorney Saladin noted the subject property is zoned RS-1 Low Density Single Family Residential District. The site is adjacent to four homes which are also located on RS-1 zoned property and are located at somewhat of a distance from the subject property. An offer was made to provide a presentation of the applicant’s proposal to the Woodcreek Property Owners Association. The offer was rejected. Dr. Epstein, Pioneer Center Executive Director since 1999, stated the organization has been in existence for 45 years. He provided a brief history of the organization. He noted Pioneer currently hosts group homes for the developmentally disabled in Marengo, Johnsburg, Harvard, Woodstock and McHenry. Ms. Johnson stated the Pioneer Center family which resides at the West Avenue home in McHenry would relocate to the proposed group home on Draper Road. The West Avenue facility is a Cape Cod design which is difficult for some of the family to get around in. There is not only a second floor, but a basement as well. The stairs are difficult for the family to navigate. Ms. Johnson said all Pioneer Center group homes must conform to Rule 115 of the National Fire Prevention Code. The homes provide community integrated living arrangements. Pioneer Center provides: 1. Monthly maintenance inspections; 2. Contractual lawn/landscaping service; 3. Contractual snow/ice removal service; 4. Contractual pro tech systems; 5. Locking house alarms on all doors and windows to notify staff of entry/exit of residents. Ms. Johnson stated it is Pioneer Center’s intent to secure accreditation from pertinent authorities prior to moving any residents into the Draper Road facility. Ms. Kupcinski provided a definition of “family” which includes a group of individuals living together under one roof. To that end each Pioneer Center group home contains a family. Ms. Kupcinski provided the activities in a typical day at the group home. She noted Staff is in attendance at the home during all times when residents are present. Residents are transported by bus to/from their work at Pioneer Center. A group home van is utilized to transport residences to other trips such as the store, church, and other social outings. Ms. Kupcinski noted there would be no visible evidence outside of the home that its purpose is a Pioneer Center group home. P&Z Commission August 5, 2004 Page 4 Bill LeFew of Harvard (after being sworn in by Chairman Howell) addressed the Commission, stating his support for Pioneer Center group homes. He stated he is a neighbor of one of the Center’s group homes in Harvard. Although he voiced many fears when the group home was first proposed in his neighborhood, he acknowledged his fears were unfounded. He has experienced no problems with traffic, no reduction in his property value, no institutionalization of the home’s structure, no gangs or drugs are in evidence as a result of the existence of the group home adjacent to his Harvard residence. In closing, he encouraged the Commission to support the request for conditional use as presented. Ms. King-Krause addressed the Commission noting the subject property is under contract at market value. She stated she visited all of Pioneer Center’s group homes, with the exception of those in Marengo and Harvard. Ms. King-Krause stated an area market survey has been done on the properties surrounding each of Pioneer Center’s group homes. She noted the proposed Draper Road group home will not have an adverse impact on surrounding real estate values. Attorney Saladin read into the record letters of support submitted by the following: Susan Krause, Executive Director McHenry County Youth Service Bureau, Woodstock IL Mark Drinnenberg, 3902 W. West Avenue, McHenry Sara Drinnenberg, 3902 W. West Avenue, McHenry Nancy Drinnenberg, 3902 W. West Avenue, McHenry Yvonne Diedrich, 3908 W. West Avenue, McHenry. City Planner Martin provided an overview of the Staff Report regarding this petition. He stated it is Staff’s recommendation to approve the request for conditional use permit to allow the operation of a group home for the developmentally disabled subject to the following conditions: 1. No more than eight individuals shall permanently reside in the home at any one time; 2. The home shall only be utilized by those group home facilities currently governed by the Federal Fair Housing Act. Chairman Howell invited questions and/or comments from the commissioners. In response to an inquiry, Ms. Kupcinski stated the West Avenue home would be sold and the residents relocated to the Draper Road home. In the event of a resident’s illness, additional Staff would be brought in to assure coverage during all hours when residents are present at the facility. Ms. Kupcinski stated none of the residents have a driver’s license. A ten-passenger van would be housed on site and utilized to transport residents for non-work events. It was stated some internal modifications to the building would be done. However, the exterior of the structure would not appear any different than existing surrounding single-family homes. There were no further comments and/or questions from the Commission regarding the request. Chairman Howell opened the floor to public questions and/or comments. Each of the following was sworn in prior to addressing the Commission: P&Z Commission August 5, 2004 Page 5 Tina Schneider: Ms. Schneider inquired if the property would revert to its original zoning if/when Pioneer Center sells the subject property. Planner Martin responded the zoning of the property will remain RS-1. The conditional use permit would remain with the property as long as the conditions are met and the use remains continuous. If the use were discontinued for a period of time exceeding one year, the conditional use permit would cease to exist. Ms. Schneider stated the Woodcreek Subdivision Covenants must be followed. She inquired if the applicant would be able to construct a building on Lot 1, which is currently vacant. The home is on Lot 2 while the driveway is on Lot 1. Ms. Kupcinski responded at this time there are no plans to build on Lot 1. The minimum age requirement for Pioneer Center group home residents is 18 years of age. Ms. Schneider opined the septic system was constructed for a single family, not a group home of eight adults. Planner Martin stated the McHenry County Health Department reviews and approves septic systems and private wells. Ms. Schneider stated as Woodcreek Home Owners Association President it is the opinion of the Board of Directors the subdivision covenants would be violated. The proposed land use is not consistent with the covenants. The Association does not object to the Pioneer Center and the services provided to the community. The objection is to the use of this residential property in a private subdivision for the purpose specified in the application. This should not be allowed to happen. Donald White: Mr. White noted he had not been contacted by the applicant of this public hearing. As his property abuts the subject property, he questioned the legality of the notification requirements being met. He stated as most homes in Glacier Ridge and Woodcreek are valued at between $400,000 and $1,000,000, the proposed use in this area is inappropriate. He also cited the high traffic pattern on Draper Road and suggested this would not be a safe area for group home residents. There are no sidewalks along Draper Road. The septic system is inadequate for the proposed number of inhabitants. Mr. White also stated the facility is not handicapped accessible and would have to be modified. These modifications would be visible from the street. He opined if the city allows this conditional use permit, it would change the character of the neighborhood. He stated he does not believe Pioneer Center would not build on the second lot sometime in the future. This would set a precedent for another group home in this area of town. In closing, Mr. White stated the applicants should use their $400,000 to purchase two buildings in a more urban setting. Two buildings would provide for twice as many residents. Karen Johnson: Ms. Johnson spoke on behalf of her sister Linda and all of the residents of the West Avenue group home. She stated the residents of that home are truly a family. They reside in a family unit. There are strong bonds among those who reside in the West Avenue group home. Dennis Smith: Mr. Smith stated he is a McHenry resident and is also Executive Director of the McHenry County Mental Health Board. He addressed the Commission pointing out the group home residents are a family unit. He stated he understood the concern of the neighbors. He stated in thirty years as Executive Director of the Mental Health Board he has never had a complaint against a Pioneer Center group home for the developmentally disabled. P&Z Commission August 5, 2004 Page 6 Cheryl McCauley: Ms. McCauley noted there are very few families today who would conform to the traditional sense of family. She stated the Pioneer Center group home families comfort each ,support each other and care for each other. Susan Corkins: Ms. Corkins stated she is the sister of a Pioneer Center client who resides in the West Avenue home. She stated the group home members are a family, a social unit living together. The family lives together and works together at the Pioneer Work Center. They plan social activities together. Everyone in the family unit has in-house chores just like any other family. The West Avenue home residents need to move in order to have a safer environment, without steps, as many of the family members are having more difficulty with stairs. Ms. Corkins asked for the community’s support of the requested conditional use permit. Mike Roberts: Mr. Roberts stated he has enjoyed NISRA fishing expeditions with West Avenue home residents. He noted the residents enjoy life and have a childlike demeanor. The make great neighbors. Duane Hill: Mr. Hill, a Woodcreek resident for the past two years, stated he has found he needs a shed in order to store yard implements. He discovered he can not build a shed due to restrictions contained in the Woodcreek Subdivision Covenants. He stated he is not against Pioneer Center and its work. He suggested if the Association bylaws are outdated, they should be amended. He also expressed concern with client safety if they walk along Draper Road, particularly as there are no sidewalks in this area. He stated the residents would be better served in a more urban setting. He noted they will not just stay at home. They will go out and walk in the neighborhood. Cindy Sullivan: Ms. Sullivan stated she has a developmentally disabled daughter who may someday reside in a local group home. Ms. Sullivan is employed for a child advocacy agency. She stated mot opponents to this type of conditional use permit are “nimby’s” (not in my back yard). Ms. Sullivan noted she would like to have a group home in her neighborhood. The people of this community need to look at those to whom the service must be provided. Chairman Howell closed the Public Comment portion of the hearing at 9:36 p.m. Chairman Howell called for a five minute recess. The Hearing reconvened at 9:49 p.m. with all commissioners still in attendance. Attorney Saladin provided the following response to the public comment and questions: 1. The septic system will be tested and if needed , repaired, replaced and/or enlarged as directed by the McHenry County Health Department. 2. The city’s ordinance prohibits multiple buildings on a single zoning lot; no additional facilities will be constructed on the premises. 3. If an expansion of the building footprint is required, the applicant would have to come back to the city for expansion of the conditional use permit. 4. The Woodcreek Homeowners Association is a not-for-profit corporation. The association is required to pay a $5 annual fee to maintain their NFP status. The status alone does not provide any assurance the bylaws comply with all state statutes and/or city ordinances, particularly with regard to the Federal Fair Housing Act. P&Z Commission August 5, 2004 Page 7 5. There are no sidewalks in the Woodcreek or Glacier Ridge Subdivisions. Three similar group homes already in existence are constructed in the rural area and do not have sidewalks. 6. No purchase price has been associated with this property, although suggested cost has been alluded to by area residents. 7. The applicant has offered to meet with representatives of the Woodcreek Property Owners Association. However, the Association rejected the offer. 8. The applicant is not proposing to change the use of the property. It will still be a residential unit on residentially zoned property. Attorney Saladin affirmed the Approval Criteria for Conditional Use Permits as stated within the application. In closing, Attorney Saladin stated the Applicant has met the Approval Criteria, knowing full well the Federal Fair Housing Act permits (without benefit of a conditional use permit) such a group home having eight or less residents. Based on the testimony provided, there is no legitimate reason to deny the request. The Applicant will be a good neighbor. Attorney Saladin respectfully asked the Commission to recommend approval the granting of the conditional use permit to allow a group home for developmentally disabled to the McHenry City Council. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, with regard to File No. Z-621, an application for conditional use permit to allow the operation of a group home for the developmentally disabled on the property located at 1315 North Draper Road as submitted by Pioneer Center for McHenry County be granted; subject to the following conditions: 1. No more than eight individuals shall permanently reside in the home at any one time; 2. The home shall only be utilized by those group home facilities currently governed by the Federal Fair Housing Act; 3. No expansion of the building footprint shall be permitted without city approval. 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, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: None. Motion carried 7-0. Chairman Howell stated any concerns expressed by any of the commissioners previous to the Public Hearing have been more than adequately addressed. The applicant provided an excellent presentation. The exterior changes to the property will be minimal. This is an attractive location. The commission supports the request. Chairman Howell closed the Public Hearing at 9:57 p.m. P&Z Commission August 5, 2004 Page 8 Other Business Planner Martin provided a brief report of recent Council action. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 10:00 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.