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HomeMy WebLinkAboutMinutes - 09/01/2005 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION September 1, 2005 Vice Chairman Buhrman called the September 1, 2005 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. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Schepler, Thacker. Absent: Nadeau. Also in attendance: City Planner Zeller, City Attorney Kelly Cahill, Deputy Clerk Kunzer. Minutes Approval Motion by Schepler, seconded by Cadotte, to approve the minutes of the August 18, 2005 Planning and Zoning Commission meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. Public Hearing – Pioneer Center File No. Z-649 4001 Dayton Street Chairman Howell at 7:31 p.m. opened the Public Hearing regarding File No. Z-649, a request for variance to allow multiple buildings on zoning lot as filed by William Tonyan and Sons on behalf of Pioneer Center for McHenry County for the property located at 4001 Dayton Street. In attendance was Dan Tonyan of William Tonyan and Sons who was sworn in by Chairman Howell. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on August 12, 2005. A Certificate of Publication is on file in the City Clerk’s Office. Notice was provided to all adjacent property owners and certification of same has been provided to the City Clerk. City Planner Zeller provided the commissioners with the Staff Report regarding this matter. She noted the applicant is seeking a variance to allow a second building on a zoning lot. Pioneer Center currently has a principal building on the front portion of this lot with a storage shed in the rear. The applicant seeks to construct a second principal building which would be used mostly for storage but would include some office space to meet the growing needs of the organization. Planner Zeller noted the construction of the second building would result in the reduction of some parking spaces; however, the applicant will still have adequate parking on the site. All setback requirements would be met. In conclusion, Planner Zeller stated Staff supports the request. Chairman Howell invited questions and/or comments from the commissioners. P&Z Commission September 1, 2005 Page 2 Responding to an inquiry, Mr. Tonyan stated the new building would be used for storage and offices. It is not intended to be used for Pioneer Center clients. Mr. Tonyan stated the building would be similar to other existing buildings in Tonyan Industrial Park. In response to a question, Mr. Tonyan noted the existing storage shed would be removed upon completion of the new building. Planner Zeller stated the applicant is replacing a temporary storage shed with a new permanent storage/office facility. In response to Chairman Howell’s inquiry, there were no questions or comments from the audience. Motion by Cadotte, seconded by Buhrman, to recommend to Council, with regard to File No. Z- 649, a request for variance to permit two principal buildings on a zoning lot to William Tonyan and Sons on behalf of Pioneer Center for McHenry County, for the property located at 4001 Dayton Street in Tonyan Industrial Park, be granted, subject to the property being developed in substantial accordance with the plans and documents submitted in the application packet; 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, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:38 p.m. Morgan Hill Phase 2 Final Plat In attendance were Rick Piggott of Concord Homes, developer of Morgan Hill Subdivision, and Joe Vavrina of Smith Engineering, engineers for the developer of the project. Mr. Piggott stated Phase I of Morgan Hill is nearly complete and Concord Homes is seeking final plat approval of Phase 2 which is comprised of 144 units. Planner Zeller stated the proposed final plat includes lots 7 thru 31 of Morgan Hill Subdivision. Staff recommends approval subject to the following: 1. Approval of final engineering by City Engineers; 2. The recordation of the plat shall occur within six months of Council approval; 3. No occupancy permits shall be issued until the South Wastewater Treatment Plant (SWWTP) expansion is completed. Responding to an inquiry, Planner Zeller stated the SWWTP expansion is projected to be completed in early summer 2006. P&Z Commission September 1, 2005 Page 3 Mr. Piggott stated as Concord Homes was prevented from securing its 60 allowable building permits this year, they are hoping to recoup the lost permits once the SWWTP expansion is completed. He noted the annexation agreement allows for 60 building permits to be issued per year. However, since sewer capacity was reached at the SWWTP, building permits were no longer being issued until the expansion of the plant is completed. In response to a question, Mr. Piggott stated approximately 12-15 units remain unoccupied in Phase 1, but most are sold. He noted he is unsure if any of the Phase 2 units have been pre-sold. He noted the breakdown of units in Phase 2 is as follows: 60 ranch villas 84 townhomes. Attorney Cahill stated she could not address the issue of rolling over building permits as that would be governed by the language contained in the annexation agreement. Some discussion followed regarding the developer’s desire to roll over building permits once the SWWTP’s capacity has been expanded. Chairman Howell noted there was no one in the audience wishing to comment on this matter. Motion by Cadotte, seconded by Ekstrom, to recommend to Council the Morgan Hill Phase 2 Final Plat as prepared by Smith Engineering Consultants dated 9/30/04 be approved subject to the following: 1. Approval of final engineering by City Engineers; 2. The recordation of the plat shall occur within six months of Council approval; 3. No occupancy permits shall be issued until the South Wastewater Treatment Plant (SWWTP) expansion is completed; and that the final plat meets the requirements of the City’s Subdivision Control and Development Ordinance. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. Comments by Commissioners: Ekstrom: Has questions regarding the clarification of the issue of rolling over building permits. Chairman Howell: Believes it would be fair to the developer to recoup lots permits. Schepler: Concurs with Commissioner Ekstrom as he has questions regarding the rolling over of building permits. Thacker: Concurs with Commissioner Ekstrom. Buhrman: Also has reservations regarding the request to roll over building permits. P&Z Commission September 1, 2005 Page 4 Public Hearing: Nicolino’s Restaurant File Number Z-654 621 Ridgeview Drive Chairman Howell at 7:54 p.m. opened the Public Hearing regarding File No. Z-654 as submitted by Joe Bono for Nicolino’s Restaurant located at 621 Ridgeview Drive for a parking variance to allow a reduction of fourteen spaces from the required parking on the site. In attendance were Joe Bono, owner and proprietor of Nicolino’s Restaurant, and Attorney Daniel Curran. Mr. Bono was sworn in by Chairman Howell. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on August 17, 2005. A Certificate of Publication is pending from the Northwest Herald. Notices were mailed to all abutting property owners. Return Receipt Certificates are on file in the City Clerk’s Office. Attorney Curran stated Mr. Bono has been approached by Off Track Betting (OTB) to host the McHenry facility at Nicolino’s. He deferred to Planner Zeller for a full report of the proposal. Planner Zeller stated in order to locate the OTB facility at Nicolino’s a parking variance would be required. Following expansion of the restaurant building, removal of some parking spaces, as well as increasing the number of spaces required, the applicant will be short 14 parking spaces as required by the Zoning Ordinance. The proposed expansion is approximately 600 square feet. The applicant is not able to increase parking without purchase of additional land. Planner Zeller stated Staff has noted no concerns. Staff inquired of the Police Department if there had been occasions at the former OTB site when parking was inadequate, particularly during special events such as the Triple Crown, Breeder’s Cup or Arlington Million. The Police Department indicated there were no parking concerns raised by the OTB. In conclusion, Planner Zeller noted Staff supports the request for parking variance. Chairman Howell invited questions and comments from the commissioners. Responding to an inquiry, Mr. Bono stated OTB hours of operation would be 11 a.m. until 11 p.m. Monday through Sunday. The restaurant’s current hours of operation are 11 a.m. until 11 p.m. on Sunday through Thursday; 11 a.m. until 2 a.m. on Friday and Saturday. Following a question, Mr. Bono stated he currently has a surplus of parking on the premises. The commissioners noted that currently all handicapped accessible spaces are located at the restaurant’s main entrance. Suggestion was made to move one of the handicapped accessible spaces adjacent to the new OTB entrance on the west side of the building expansion. Some discussion occurred regarding overflow parking on the adjacent dental office lot. Liability issues concerned the commissioners. Attorney Cahill noted if a cross parking agreement is reached between the two parties, parking lot maintenance, snow removal, and insurance liability should be included. Planner Zeller explained the two lots are connected with a cross access easement agreement due to the dental facility entrance being too close to the Bull Valley P&Z Commission September 1, 2005 Page 5 Road/Ridgeview Drive intersection to accommodate full access. Patrons may leave the dental facility from Nicolino’s entrance and turn left or right onto Ridgeview Drive. Responding to an inquiry regarding the dental office hours, Mr. Bono stated the office is open ½ day on Saturday and closed on Friday and Sunday. Normal daytime hours are maintained on Monday through Thursday. Mr. Bono stated his parking lot has only been filled when he has conducted a fundraiser on the premises. Otherwise, parking has been more than adequate. Inquiry was made as to how many OTB patrons would come to the facility per vehicle. Attorney Curran responded for the most part 1 to 2 patrons per vehicle. He also noted there are generally no more than 20-30 patrons present at the OTB at any one time. However, on special event days, such as the Arlington Million, Breeder’s Cup, etc, the facility would be more heavily attended. Mr. Bono stated he has four employee’s present during the daytime hours, and approximately 6-7 in the evenings. In response to an inquiry, Mr. Bono stated he hopes the OTB will be open by Thanksgiving Weekend. He informed the commissioners no one under the age of 21 would be allowed in the OTB facility He intends to modify Nicolino’s sign along Bull Valley Road to include OTB advertisement. The building expansion would match the existing building structure and include the same materials. Chairman Howell invited comments from the audience. There was none. There was no closing statement by the applicant. Motion by Cadotte, seconded by Buhrman, to recommend to Council with regard to File No. Z- 654, a request for parking variance to allow a reduction in the amount of required parking by 14 spaces, as submitted by Joe Bono for Nicolino’s Restaurant located at 621 Ridgeview Drive, be granted; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Howell, Schepler, Thacker. Voting Nay: Ekstrom. Not Voting: None. Abstained: None. Absent: Nadeau. Motion carried 5-1. Comments by Commissioners: Ekstrom: A shortage of fourteen spaces is a lot to request for a variance. Also concerned the applicant has not spoken with the dental office owner regarding potential overflow parking. She has reservations concerning liability should overflow parking occur. Schepler: Has concerns regarding the number of parking spaces which would be required for the facility. Thacker: Reluctantly voted yes. Has concerns regarding the number of missing spaces. Does not want a precedent being set. Nicolino’s is a nice restaurant and the shortage of parking spaces is a concern. There should be a cross parking agreement between the two parties. P&Z Commission September 1, 2005 Page 6 Chairman Howell closed the Public Hearing at 8:25 p.m. Other Business Some discussion occurred regarding upcoming matters before the Commission. Planner Zeller reported the City Council approved the annexation and rezoning of the Budreck Farm. Commissioners also expressed concern regarding nuisance issues in the City such as: 1. Unscreened dumpsters; 2. Parking vehicles on grass in residential and commercial districts; 3. Violations at the upholstery shop including unfenced and unscreened outside storage; 4. yard waste dumping along the MCCD bike path. The Commissioners also expressed their desire to have another joint meeting with the City Council, particularly as there are new Aldermen. Adjournment Motion by Ekstrom, seconded by Thacker, to adjourn the meeting at 8:45 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. 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.