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HomeMy WebLinkAboutMinutes - 09/19/2002 - Planning and Zoning Commission (2) Minutes of the City of McHenry PLANNING AND ZONING COMMISSION September 19, 2002 The September 19, 2002 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:30 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Cadotte, Ekstrom, 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 Ekstrom, seconded by Nadeau, to approve the Planning and Zoning Commission Minutes of September 5, 2002 regularly scheduled meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Thacker. Motion carried 5-0. Public Hearing: Concetta Arcuri File No: Z-560 2905 West Route 120, Lot 12 Chairman Howell at 7:33 p.m. called to order the Public Hearing regarding the Petition filed by Concetta Arcuri for:  Zoning upon annexation to C-5 Highway Commercial Zoning District;  Use Variance to permit the continued use of the subject premises for a residential dwelling unit. The subject property is Lot 12 of 2905 West Route 120 in McHenry. Chairman Howell noted all publication requirements had been met. Notice was published in the Northwest Herald on September 4, 2002. An Affidavit of Service is on file in the office of the City Clerk. In attendance was Petitioner Concetta Arcuri and her daughter, Josie Gleason.. Chairman Howell swore in the two witnesses for the Petitioner. City Planner Martin provided an overview of the Petition before the Commission. He noted the petitioner appeared before the City Council requesting connection to the City’s sanitary sewer service. Council approved the connection subject to the petitioner’s annexation of the subject property to the City. Planner Martin noted the petitioner owns two lots, Lot 12 and Lot 13, which together comprise the property commonly known as 2905 West Route 120. Lot 13 was annexed in 1995 as part of the East of the River annexation process. The petitioner is before this Commission requesting zoning and a use variance upon annexation of Lot 12. Planner Martin noted it was Staff’s recommendation to grant the petitioners request, subject to a three-year sunset clause for the duration of the use variance, at which time the property would be utilized as a commercial site, pursuant to the C-5 Highway Commercial District requirements. Chairman Howell opened the floor to questions by members of the Commission. Page 2 P&Z Commission 9/19/02 In response to an inquiry, Planner Martin noted the subject property is across Northside Avenue from a used car sales lot. Ms. Arcuri indicated she has already connected to the City’s sanitary sewer. Entrance to the subject property is gained from Northside Avenue via an existing gravel driveway. There are no plans to pave the drive at this time. As the use variance is temporary in nature, it would seem inappropriate to have the petitioner pave the driveway, noted Planner Martin. In response to further inquiry, Planner Martin stated the property abuts Route 120 only on its northernmost tip. In response to Chairman Howell’s inquiry, Mr. Frank Mueller spoke on behalf of his mother, whose property abuts the subject property. Mr. Mueller, noting the recent heavy rains, inquired if something could be done regarding the ponding and flooding now occurring on his mother’s property following the excavation and installation of sanitary sewer on the subject property. Mr. Mueller noted there was no flooding or ponding prior to the excavation of the subject property. Planner Martin responded stating the Community Development Department is investigating the drainage issue. He asked Mr. Mueller to work with the Community Development Department. There were no further questions or comments from the audience. Motion by Ekstrom, seconded by Buhrman, to recommend to the City Council that with regard to File Z-560, the request for zoning reclassification to C-5 Highway Commercial Zoning district be granted; and that Table 33, the Approval Criteria for Map amendments, page 401 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 Nadeau, to recommend to the City Council that the petitioner’s request for a Use Variance to permit the subject property Lot 12, located at 2905 West Route 120 to be utilized as a residential dwelling unit, subject to the following conditions be granted: • Drainage be returned to the state is was in before the sewer work was done; • That the Use Variance be permitted for no longer than three years. And that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning Ordinance, has been met. Discussion occurred regarding the state of the structure on the subject property. It was the consensus of the Commission it may be a safety or health and welfare liability for the City. Motion by Cadotte, seconded by Buhrman, to amend the motion by adding the following conditions to the Use Variance approval: • The building be demolished at the conclusion of the three-year sunset clause; • The City Community Development Department inspect the building for habitability upon or immediately after annexation. Page 3 P&Z Commission 9/19/02 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell. Voting Nay: Nadeau. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 4-1. Motion by Ekstrom, seconded by Nadeau, to recommend to the City Council that the petitioner’s request for a Use Variance to permit the subject property, Lot 13, located at 2905 West Route 120 to be utilized as a residential dwelling unit, subject to the following conditions, be granted: • Drainage be returned to the state is was in before the sewer work was done; • That the Use Variance be permitted for no longer than three years. • The building be demolished at the conclusion of the three-year sunset clause; • The City Building Division inspect the building for habitability upon or immediately after annexation. and that Table 32A, the Approval Criteria for Use Variances Uses, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell. Voting Nay: Nadeau. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 4-1. Chairman Howell closed the Public Hearing at 8:05 p.m. Public Hearing: Fifth Third Bank File Z-561 Lot 10 – Meijer/Home Depot Subdivision Chairman Howell at 8:06 p.m. opened the Public Hearing regarding File Z-561, Fifth Third Bank’s request for a Conditional Use Permit to allow a drive through facility on Lot 10 of Meijer/Home Depot Subdivision. Chairman Howell noted members of the Commission were still in attendance. Chairman Howell noted all publication requirements had been met. Notice was published in the Northwest Herald on September 4, 2002. An Affidavit of Service is on file in the office of the City Clerk. In attendance for the applicant were President Jeffrey Kutsche of The Architects Partnership; Project Manager Michael Metzger of Fifth Third Bank; Civil Engineer Steven Berecz of Gewalt Hamilton Associates Inc.; and Design Manager Ben Kutscheid of 3D Design Studio. Chairman Howell swore in all four witnesses for the Applicant. City Planner Martin provided the Commission with an overview of the Applicant’s request. He noted the Applicant, Fifth Third Bank, is seeking approval for a Conditional Use Permit to allow a drive through banking facility on Lot 10 of Meijer/Home Depot Subdivision. He noted although the property is adjacent to Route 31, access to the site is gained solely through an Page 4 P&Z Commission 9/19/02 access drive past the Meijer Gas Station. Planner Martin stated the applicant is proposing a 4,000 sq. ft. facility on the 1.5 acre site. He noted all parking and stacking requirements have been met. Mr. Kutsche stated Fifth Third Bank is proposing to construct a 4,000 sq. ft. facility, including a canopy over the five drive-through bays. Entry to the building will be located on the north façade. Mr. Kutsche pointed out there would be no direct access to the site from Route 31. Noting the proposed internal circulation pattern, Mr. Kutsche stated the applicant has worked extensively with Staff to find the best possible site plan and traffic pattern. Commissioners expressed concern with the internal traffic pattern, particularly the westernmost driveway. It was noted one way traffic to the south would be less confusing for this portion of the drive. A lengthy discussion occurred regarding ways to remediate the possible confusing traffic pattern. Responding to a Commissioner’s question, Mr. Berecz stated no traffic impact study was done for this project. In response to an inquiry, Mr. Metzger noted there would be 12 employees. Employee parking would be located on the east side of the property, facing Route 31. A drive through bypass lane is shown on the southernmost portion of the site plan. Signage will consist of two identical building façade signs on the north and east sides of the building. In addition one monument sign is permitted along Route 31. Signage will comply with ordinance requirements. Further discussion occurred regarding the proposed site plan, parking configuration and internal traffic pattern. In response to an inquiry, Mr. Kutsche stated an ATM will be located on the outermost drive through lane. The proposed hours of operation are: Monday-Thursday Friday Saturday Sunday Lobby 9 a.m. – 5 p.m. 9 a.m. – 6 p.m. 9 a.m. – 1 p.m. closed Drive through 8 a.m. – 6 p.m. 8 a.m. – 6 p.m. 8 a.m. – 1 p.m. closed Additionally, on-line banking will be available, which may reduce the number of customer visits to the site. Safety deposit boxes will be available. No community room is being proposed at this time, although room is being allowed on the site for possible building expansion. Additional future parking spaces are also shown on the site plan. Mr. Metzger noted there are approximately 1,800 current customers who reside in the City of McHenry. In response to Chairman Howell’s inquiry, there were no questions or comments from the audience. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council that with regard to File Z-561, the petitioner’s request for a conditional use permit to allow the construction and operation of a drive through financial institution on Lot 10 of Meijer/Home Depot Subdivision be granted, subject to the westernmost driveway access be striped one-way to allow southbound traffic only; and that Table 31, the Approval Criteria for Conditional Uses, page 357-358, has been met. Page 5 P&Z Commission 9/19/02 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Thacker. Motion carried 5-0. Chairman Howell asked the record to reflect he does not support the one-way westernmost driveway traffic pattern; however, he supports the motion and granting of the conditional use permit. Chairman Howell closed the Public Hearing at 8:44 p.m. Chairman Howell reconvened the meeting at 8:52 p.m. with everyone still in attendance. Gary Lang Subdivision Final Plat Chairman Howell noted the next Agenda Item is the Gary Lang Subdivision Final Plat, which is a resubdivision of Lots 3 and 4 of Unit 7, and Lot 1 and part of Lot 2 of Unit 4, of the McHenry Corporate Center. City Planner Martin reminded the Commission this Plat was initially presented before the Commission on September 5, 2002. At that time, the Commission reviewed all zoning issues and approved the Preliminary Plat of Subdivision. The Final Plat was deferred for action pending resolution of several outstanding issues, namely: Staff and Baxter and Woodman engineering concerns: the manner of sewer and water service to all six lots, and variance as to the sidewalk requirements of the Subdivision Control Ordinance. Planner Martin noted he received an updated Final Plat today, which has covered all outstanding issues with the exception of the following: • Director Public Works Marcinko’s objection to the manner in which sewer and water service was being provided to each of the six lots; • Director Marcinko’s request for a left turn lane on northbound Route 31 at Dayton Street extended; • Applicant is requesting variance as to the Subdivision Control Ordinance with regard to the installation of sidewalks along Route 31. In attendance were Attorney Daniel Curran, Project Engineer Chris Calderella of Smith Engineering, and Property Owners Gary and Pat Lang. Attorney Curran, responding to concerns brought forward at the meeting on September 5th, noted the Applicant has agreed to stripe northbound Route 31 for a left turn lane at Dayton Street extended. The deceleration lane at both Gary Lang’s main entrance and the Dayton Street extended are already striped and in place. The commercial district setbacks have been indicated on the revised Final Plat, as requested. Attorney Curran, addressing the Director of Public Works concerns regarding water and sewer service to each of the six lots noted in 1995 the applicant bored beneath Route 31 and brought eight inch water and sewer mains from Tonyan Industrial Park to his site on the west side of Route 31. Attorney Curran the Applicant intends to provide individual service to each lot from the eight inch main. Director Marcinko prefers that the Applicant bore beneath Route 31 to bring water and sewer utilities to each lot. This would appear to be an unwarranted expenditure Page 6 P&Z Commission 9/19/02 as it would cost the applicant $20,000 for each boring, one for water and one for sewer, for a cost of $40,000 per lot. In addition, Attorney Curran noted IDOT requires separate permits for each boring, which would be an added expenditure. A lengthy discussion followed regarding the need or lack thereof for independent borings under Route 31 to provide water and sewer to each of the six lots in the subdivision. Attorney Curran, referencing the requirement for sidewalk installation along Route 31, stated the applicant’s request to pay a pro rate share toward the Street and Sidewalk Fund. However, the applicant wished to defer payment until such time as sidewalks would be installed on the premises. Attorney Cahill noted this would be a City Council policy decision as it would relate to the time of payment of the fees and not simply deferral of the sidewalk installation at this time. In response to an inquiry, it was noted contributions have already been made to the Street and Sidewalk Fund for Lots 1-3. The waiver at this time is only being requested for Lots 4-6. Chairman Howell noted his concerns regarding the Final Plat review and discussion: • Director of Public Works Marcinko is not present to respond to Commissioner’s questions or provide input as to his views with regard to the water and sanitary sewer service on the subject property. • The Final Plat was revised and presented to the City Planner today and the Commissioners are being asked to review a document which they do not have before them this evening. In response to an inquiry, Attorney Curran noted there are cross access easements between Lots 4, 5 and 6 so these lots will access Route 31 via the Dayton Street extended access easement. Likewise, Brake Parts building will be accessed for emergency purposes via the Dayton Street extended easement. Language has been agreed to with the Liberty Square Lot 1 property owner regarding the cross access easement agreement between Shamrock Lane and Lot 1 of Gary Lang Subdivision. In conclusion, Attorney Curran stated the applicant has complied with all requirements of the City’s Subdivision Control Ordinance and requests a recommendation that the Final Plat of Gary Lang Subdivision be approved. Attorney Curran requested the Commission include in its motion the following: • The applicant be granted a variance as to the sidewalk requirement for Lots 4 through 6, and that a pro rata contribution be made to the City’s Street and Sidewalk Fund; • All lots within the subdivision shall be individually serviced by the existing eight inch water and sanitary sewer mains already in place on Lot 3, subject to the approval of the Public Works Department and City Engineers. In response to Vice Chairman Howell’s inquiry, there were no questions or comments from the audience. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council that the Final Plat of Gary Lang Subdivision as prepared by Smith Engineering Consultants dated June 24, 2002 with a revision date of September 18, 2002 be approved subject to the following conditions: • Compliance with all revisions to the engineering plans recommended by the City Engineer and Public Works department prior to submittal to City Council for Final Plat approval; • Final Plat to be recorded within six months of approval by ordinance by the City Council; Page 7 P&Z Commission 9/19/02 • Variance shall be granted to the sidewalk requirement as stated in the City’s Subdivision Control Ordinance; • Applicant shall contribute the proportionate share of the cost of the construction of sidewalks across the length of Lots 4, 5, and 6 of the subject property, along Route 31, to the City’s Street and Sidewalk Fund; • All lots within the subdivision shall be individually serviced by the existing eight inch water and sanitary sewer mains already in place on Lot 3, subject to the approval of the Public Works Department and City Engineers. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Thacker. Motion carried 5-0. Other Business An inquiry was made as to the status of the request to City Council for consideration of an additional residential zoning district. Planner Martin responded he will check on the status of the request. A comment was made that no more than two items be placed on the Agenda for consideration at Planning and Zoning Commission Meetings. Motion by Ekstrom, seconded by Buhrman, to adjourn the meeting at 9:40 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte, 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, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.