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HomeMy WebLinkAboutMinutes - 09/19/2002 - Planning and Zoning Commission 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 9/16/02 In response to an inquiry, Planner Martin noted the subject property is across Northside Avenue from the 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 Building Division of 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 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. 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 Building Division inspect the building for habitability upon or immediately after annexation. Page 3 P&Z Commission 9/16/02 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 31, the Approval Criteria for Conditional Uses, pages 357-358 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. Public Hearing: Gary Lang/Prime McHenry Properties File Z-557 1107 S Route 31 Vice Chairman Howell at 7:48 p.m. called the Public Hearing to order for the Petition filed by the American National Bank as Trustee/Gary Lang/Prime McHenry Properties for property located in McHenry Corporate Center. The property is now known as Lots 3 and 4 of Unit 7 and Lot 1 and Part of Lot 2 of Unit 4 of the McHenry Corporate Center. The Applicants are requesting the following: • Reclassification from I-1 Industrial to C-5 Highway Commercial Zoning District; • Conditional Use Permit to allow an automobile dealership, open sales lot and ancillary services; • Variance as to ordinance requirement for sidewalks along Route 31; • Preliminary Plat approval; Page 4 P&Z Commission 9/16/02 • Final Plat approval. Vice Chairman Howell noted all publication requirements have been met and the Notice for the Public Hearing was published in the Northwest Herald on August 19, 2002. An Affidavit of Service is on file in the Office of the City Clerk. City Planner Martin provided an overview of the project, noting the Gary Lang Auto Group is part of the McHenry Corporate Center Business Park. The land is zoned industrial and subject to the various provisions incorporated into the annexation agreement. At this time, the Applicant is seeking to expand his operation. To that end additional property is being purchased, and the lots will be reconfigured from the existing four lots to a six-lot resubdivision. Planner Martin noted the only variance being sought pertains to the sidewalk requirement. It is Staff’s recommendation that the Applicant contribute a pro rata share to the sidewalk fund in lieu of sidewalk placement on the property. City Planner Martin further stated, in order for the Applicant to conduct automobile sales on the entire property, a conditional use permit must be granted. The conditional use permit would allow the operation of an automobile dealership, open sales lot and ancillary services on each of the six lots. In conclusion, Planner Martin noted the proposed C-5 Zoning District classification is appropriate for this site. The Applicant has presented a Preliminary Plat and Final Plat of Resubdivision for Commission review and recommendation for approval. He noted, however, there are several outstanding engineering concerns on the Final Plat. He suggested the Commission postpone consideration of the Final Plat until these concerns have been addressed. In attendance were the following who were sworn in by Vice Chairman Howell: • Attorney for the Petitioner, Dan Curran of Campion, Curran, Rausch, Gummerson and Dunlop; • Gary Lang, owner and principal, Gary Lang Auto Group; • Patricia Lang, Gary Lang Auto Group; • Tim Hartnett, Vice President Smith Engineering; • Chris Caldarella, Smith Engineering Project Coordinator; • Scott Dixon, Prime McHenry Properties. Attorney Curran stated the Applicant is requesting a reconfiguration of his property in order to accommodate his existing automobile dealerships as well as for potential future dealerships which may locate on the premises. He stated the proposed zoning is consistent with the City’s Comprehensive Plan. The Applicant has outgrown his space and has stored vehicle on adjacent property now being incorporated into the six-lot resubdivision. There would be limited access onto Route 31: the existing drive and an access point located between Lots 4 and 5 (across from Dayton Street in Tonyan Industrial Park). Attorney Curran stated, additionally, there would be cross access between each of the six parcels, as well as onto Shamrock Lane to the north of Lot 1. Customers and employees of Gary Lang Auto Group would then be able to utilize the Shamrock Lane Traffic Signal. There would not be direct access to the McHenry Corporate Center from any of Lots 1 through 6, however. Page 5 P&Z Commission 9/16/02 Attorney Curran stated the existing 18 trees along the front of the dealership will be moved to the western property lines to screen the Brake Parts building from Route 31 and the dealership. If the existing auto parking pads in front are maintained on the site, low-lying landscaping will be added around the pods. Some discussion followed regarding using a semi-permeable paving surface on the parking lot so that surface water would percolate into the ground. It was the consensus this would not be a viable option. In response to an inquiry, it was noted detention for the six-lot subdivision exists in the McHenry Corporate Center, including a grassed drainage swale from the rear of the Lang propert y west to the detention ponds. Discussion followed regarding access onto Shamrock Lane through the Liberty Square commercial development. It was noted no vehicle delivery trucks would be permitted to exit or enter through Liberty Square. Vehicle delivery trucks would enter directly from Route 31 and circulate around the Lang building in a counter clockwise manner. In response to an inquiry, there would be signage located on each dealership building. Monument signs or any sign variances would be addressed by Council at the time of permitting. In response to Vice Chairman Howell’s inquiry, there were no questions or comments from the audience. Motion by Nadeau, seconded by Buhrman, to recommend to the City Council that the Preliminary Plat of Gary Lang Subdivision as prepared by Smith Engineering Consultants dated June 24, 2002 be approved, subject to the following condition: • The Plat is revised according to Staff review comments prior to City Council consideration. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Motion by Buhrman, seconded by Nadeau, to recommend to the City Council that the subject property, Lots 1 through 6 of Gary Lang Subdivision, be reclassified from I-1 Industrial to C-5 Highway Commercial Zoning District, and that Table 33, The Approval Criteria for Map Amendments, Page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Motion by Franzen, seconded by Nadeau, to recommend to the City Council that the subject property, Lots 1 through 6 of Gary Lang Subdivision, be granted a Conditional Use Permit to allow the operation of an automobile dealership, open sales lot and ancillary services, subject to the following conditions: Page 6 P&Z Commission 9/16/02 • Landscaping be properly maintained throughout the year; • Landscape plans be submitted contemporaneously and approved with each building permit application; • Landscape plans shall include foundation plantings, landscaping within every island, including the long stretches of islands between lots. Landscaping shall include shrubs, flowers, trees, etc. • Cars and trucks for sale shall be parked in an orderly manner. and that Table 31, the Approval Criteria for Conditional Uses, Page 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Motion by Ekstrom, seconded by Franzen, to close the Public Hearing at 8:28 p.m. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. Other Business Planner Martin reported there would be Planning and Zoning Commission Meetings scheduled for: 9/19 Fifth Third Bank conditional use permit for drive through facility Annexation of a small parcel 10/3 Deer Park Subdivision – south Route 31 – townhomes and business park/commercial Wendy’s conditional use for drive through facility. Planner Martin also reported he met with representative of the McHenry County EDC regarding the possible creation of a county-wide general land use classification system and map to be utilized for marketing purposes. Planner Martin and Commissioner Buhrman attended an APA focus group on membership related issues. Page 7 P&Z Commission 9/16/02 Motion by Ekstrom, seconded by Buhrman, to adjourn the meeting at 8:35 p.m. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte. Motion carried 6-0. 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.