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HomeMy WebLinkAboutMinutes - 03/17/2021 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes March 17, 2021 Chairman Strach called the March 17, 2021 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. via Zoom. In attendance were the following: Doherty, Gurda, Lehman, Strach, Sobotta, Thacker and Walsh. Absent: None. Also in attendance were City Planner Cody Sheriff, Economic Development Coordinator Wolf, and Community Development Director Polerecky. Public Hearing Guidelines for a Virtual Meeting were presented. Chairman Strach opened the public portion of the meeting at 7:05 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of December 23, 2020 Special Meeting Minutes as presented. Motion by Walsh and seconded by Lehman for approval. Roll Call: Vote: 5-ayes: Commissioners Gurda, Lehman, Strach, Thacker, and Walsh. 0-nay; 2-abstained: Doherty, Sobotta; 0-absent. Motion Carried. Consideration of February 17, 2021 Regular Meeting Minutes as presented. Motion by Walsh and seconded by Lehman for approval. Roll Call: Vote: 4-ayes: Commissioners Doherty, Strach, Sobotta, and Walsh. 0-nay; 3- abstained: Gurda, Lehman, Thacker; 0-absent. Motion Carried. Commissioner Doherty recused himself as a member of the Commission from the remainder of the meeting. City of McHenry File No. Z-984 Text Amendments to the Zoning Ordinance including but not limited to Chapter 16 Nonconformities Chairman Strach called the continued hearing to order at 7:30 p.m. regarding File No Z-984 a request for various text amendments to the City of McHenry Zoning Ordinance including but not limited to Chapter 16 Nonconformities. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the City of McHenry is in the process of force annexing unincorporated parcels that are wholly surrounded by the City of McHenry municipal limits and less than sixty (60) acres. The most recent annexation cases have demonstrated a need to update the City’s Nonconformities Ordinance. Staff has been directed by City Council to draft an amortization ordinance to present to City Council that would amend the recently approved Nonconformities Ordinance. This would allow the City to sunset nonconforming uses in Residential Zoning Districts that may be negatively Planning and Zoning Commission March 17, 2021 Page 2 impacting the surrounding area. Staff initially brought the requested amendments to the February 17, 2021 Planning & Zoning Commission hearing but requested the matter be continued to allow the Community Development Committee to review. Several revisions have since been added that includes noticing requirements as well as approval standards for 6 month extensions. Clarity was also added that the public meeting before Planning & Zoning Commission would be a public hearing. Staff has also included a draft resolution waiving zoning hearing application fees for property owners impacted if they desire to petition for zoning relief. The City Attorney researched and provided staff legal guidance for drafting an ordinance and provided other local examples in McHenry County. Staff is recommending a hybrid approach that involves a fixed period of one (1) year with the ability of the property owner to apply for and receive an administratively approved six (6) month extension. Any request greater than six (6) months would require a public hearing by the Planning & Zoning Commission. City Council will ultimately approve or deny the request based upon Planning & Zoning Commission’s recommendation. Staff is requesting approval of the text amendments to the nonconformities section of the Zoning Ordinance as drafted below: 11-16-3(G), 11-16-3(H), 11-16-3(I) G. Amortization of Nonconforming Uses in Residential Zoning Districts. Any nonconforming use of land located in a residential zoning district which lawfully existed at the time that this Ordinance became effective, shall be discontinued within one (1) year after the Zoning Administrator has provided written notice to the property owner. This section does not apply to nonconforming uses that received approval of a use variance. H. Requests for Extensions of Nonconforming Uses in Residential Zoning Districts. The owner or operator of a nonconforming use in a residential zoning district may request a six (6) month extension of the amortization period.The applicant shall submit a detailed narrative to the Zoning Administrator explaining the request that includes documentary evidence such as: 1) the amount of the owner’s investment in the pre-existing, nonconforming use through the effective date of this ordinance; 2) the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3) the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall approve or deny the request based upon the documentary evidence. I. Requests for Extensions of Nonconforming Uses in Residential Zoning Districts greater than six (6) months. City Council may grant an extension for the continued operation of a nonconforming use in a residential zoning district. In order to secure an extension of time greater than six (6) months, the owner or operator must submit to the Zoning Administrator a written request for such extension at least sixty (60) days prior to the end of the amortization period. No application for extension received after such time shall be considered. This information shall be supported by relevant documentary evidence such as: 1) the amount of the owner’s investment in the pre-existing, nonconforming use through the effective date of this ordinance; 2) the amount of such investment that has been or will have been realized at the conclusion of the amortization period; 3) the life expectancy of the nonconforming use; and 4) the existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease. The Zoning Administrator shall notify an applicant of the time and place of a public hearing to be held on such request Planning and Zoning Commission March 17, 2021 Page 3 before the Planning & Zoning Commission. The Planning & Zoning Commission shall make a recommendation to be transmitted to City Council who may approve or deny the request. Planner Sheriff stated if the Planning & Zoning Commission agrees with Staff’s recommended changes to the Zoning Ordinance, then staff recommends a motion be made to approve text amendments to the City of McHenry Zoning Ordinance as outlined in the staff report. There were no questions from the Commissioners. Chairman Strach invited questions and/or comments from the Public. Lisa Waggoner, attorney, stated she has been working with Joseph Doherty and they have seen the modifications proposed by staff. Attorney Waggoner also read the City attorney’s memorandum. Speaking as Mr. Doherty’s advocate she feels the one year period is too short and asking for an extension is an inadequate time for extensions granted in a forced annexation. Attorney Waggoner did some research and stated some other municipalities have other methods that appear less taxing on the property owner. She believes churches have different circumstances. She would like to see an exception so that upon a forced annexation a different timeframe could be given on a case by case basis. Planner Sheriff stated we do have processes in place to allow longer periods of time with a request and by providing written evidence of a hardship and this process has gone on for quite a long period of time. Commissioner Strach closed the public comment portion of the hearing at 7:25 p.m. Commissioner Thacker asked if there is already an avenue in place currently for a request for an extension or a use variance. Planner Sheriff stated yes the process is already in place with further extensions requiring another Planning and Zoning Commission meeting and then to City Council. There were no further questions from the commissioners. Motion by Walsh seconded by Sobotta to recommend with regard to File No. Z-984, allowing approval of text amendments to the City of McHenry Zoning Ordinance as outlined in the staff report, as presented. Roll Call: Vote: 6-ayes: Gurda, Lehman, Sobotta, Strach, Thacker and Walsh. 0-nays, 0-abstained, 0-absent. Commissioner Doherty was recused. Motion Carried. Chairman Strach closed the hearing regarding File No. Z-984 at 7:26 p.m. Staff Report: The next regularly scheduled meeting is April 21, 2021, at 7:00 p.m. Planner Sheriff stated there are many new developments interested in McHenry at the present time. There will be a special meeting on April 7 at 7:00 p.m. Adjourn: Motion by Sobotta and seconded by Lehman, all approved. Meeting adjourned at 7:35 p.m.