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HomeMy WebLinkAboutMinutes - 3/30/2022 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Minutes March 30, 2022 Chairwoman Rockweiler called the March 30, 2022, special meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. Absent: Riley. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky and Economic Development Coordinator Wolf. Chairwoman Rockweiler opened the public comment portion of the meeting at 7:01 p.m. There was nobody in attendance who wished to address the Commission with public comment. Chairwoman Rockweiler requested a motion to amend the agenda to hear Agenda Item 5 first and Agenda Item 4 second. Motion by Bremer seconded by Lehman for approval of the Chairwoman's request to amend the order of the agenda. All in Favor. Motion Carried. Motion by Rockweiler seconded by Bremer to accept the March 30 special meeting agenda as amended. All in Favor. Motion Carried. File No. Z-2022-08 Petitioner Mark Munson Conditional Use Permit and Zoning Variations for the expansion of the existing Marina at 3112 W. Lincoln Road Chairwoman Rockweiler asked for a motion that the hearing regarding File No Z-2022-08 a Conditional Use Permit and Zoning Variations for the expansion of the existing Marina at 3112 W. Lincoln Road be continued to the April 20, 2022 meeting of the Planning and Zoning Commission at the request of the petitioner to allow them to amend their landscape plans. Motion by Lehman seconded by Davis with regard to File No. Z-2022-08, to continue the hearing for File Z-2022-08 to the next scheduled regular hearing date of April 20, 2022. Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. File No. Z-2022-12 Petitioner First Midwest Bank Trust 13470 &John Fuhler Zoning Map Amendment Upon Annexation to C-5 Highway Commercial District, Conditional Use, Use Variation, and Zoning Variations to Accommodate the expansion of the existing Mini-Warehouse Facility at 5816 W Elm Street Planning and Zoning Commission March 30,2022 Special Page 2 Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-2022-12, a Zoning Map Amendment Upon Annexation to C-5 Highway Commercial District, Conditional Use, Use Variation, and Zoning Variations to Accommodate the expansion of the existing Mini- Warehouse Facility at the subject property, commonly known as 5816 W. Elm St. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mr. John Fuhler, 1154 N.Main St. Algonquin, owner of the property, was sworn in. Also in attendance was Attorney Joseph Gottemoller. Attorney Gottemoller stated the re-zoning will be upon annexation of the property. The petitioner is seeking C-5 with a conditional use for Mini warehouses with outdoor storage. Currently the property contains mini warehouses and the space for the proposed expansion of mini warehouses on to the neighboring vacant property. The legal description includes the property commonly known as Dot Street which will remain a private drive. Mr. Fuhler purchased the property with Dot Street as is and had nothing to do with its original, and current, situation. As stated, he was unaware it was a problem as was the City until this request was made. Mr. Fuhler has stated he will build a berm to help with site lines. He also stated they would like to include outdoor storage in their request. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the petitioners are requesting approval of several zoning items to accommodate the existing Mini-Warehouse Facility and Caretaker Residence. The subject property is currently zoned B-3 General Business District, with a Conditional Use for a Mini-Storage Facility in Unincorporated McHenry County. The surrounding land uses primarily consists of estate sized unincorporated single-family residential to the east, Industrial to the south, and Single Family Residential to the north that currently operates as a farm. The petitioners are proposing to rezone the property upon annexation to the C-5 Highway Commercial District. Given the direct access of the property to IL-120, staff believes this zoning request for highway commercial is appropriate. The Future Land Use map recommends High-Density Residential on the subject property. The proposed development is not in conformance with this recommendation. However, the Comprehensive Plan text recommend locating high density residential in the center of town and not on the outskirts. He stated the Commission may wish to discuss this during their deliberations. Overall, staff believes the proposed development is consistent with the City's Comprehensive Plan objectives and policies. Staff have researched and determined that Dot Street is not a street but a private driveway. Staff spoke with the property owner to the southeast (1914 Dot St) who purchased their property in September of last year. The owners believe that the former property owners built the road; however, staff is unable to verify this claim. The McHenry Township Highway Commissioner has informed the City that they also do not maintain the road nor do they know who constructed it. Staff was recently made aware by the McHenry County Division of Transportation that the property owner to the southeast owns to the midpoint of Dot Street. This was based on the most recent legal description included in the deed of 1914 Dot Street. Staff has requested the petitioner provide an ALTA Survey prior to going to City Council for Planning and Zoning Commission March 30,2022 Special Page 3 approval. Planner Sheriff stated, overall, this discrepancy largely does not impact the proposed expansion since no access or expansion on Dot Street is proposed. Planner Sheriff stated in summary, Staff supports the petitioner's variation request for parking based on their operations in Lake in the Hills which is of similar size. Although not in compliance with the Future Land Use Map recommendation for High-Density Residential,the comprehensive plan text does not recommend locating multifamily on the outskirts of town. The petitioner has clarified for the commission that outdoor storage is being proposed. Staff have not included the outdoor storage in the recommended motion based on the most recent site plan submitted, therefore that motion will need to be amended. The petitioner has clarified for the commission the height of the proposed landscaping berm will be 6 feet and have clarified privacy fencing. Staff is recommending as a condition of approval that the petitioner shall provide the City with a landscape plan in substantial conformance with the City's Landscaping and Screening Ordinance along with a tree survey, and to preserve the existing tree line to the greatest extent possible. Staff is recommending as a condition of approval that the petitioner shall provide access easements for all adjoining property owners on Dot Street within 1-year of annexation with allowances for extensions based on unique circumstances as determined by the Zoning Administrator. Planner Sheriff stated if the Planning &Zoning Commission agreed with the petitioner's request, then approval of three motions as presented in the Staff Report and approval of the one motion for the Conditional Use Permit with the inclusion of outdoor storage, as amended from the Staff Report, were recommended. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Davis asked for clarification on the residences and landscaping on the property. Mr. Fuhler clarified. Chairwoman Rockweiler asked for clarification on the use of Dot Street as simply for the storage facility or for through traffic. Attorney Gottemoller clarified. Mr. Fuhler explained he is hoping to have a berm and landscaping at Dot Street, and it will not be an entrance to the facility. Planner Sheriff stated Dot Street is not a platted roadway and there could not be any access changes without having to come back to Planning and Zoning with a site plan. There were no other questions from the Commissioners. Chairwoman Rockweiler invited questions and/or comments from the Public. Mr. Jim Albright, 3822 Lincolnshire, McHenry was sworn in. Mr. Albright stated he is speaking for himself and all the other residents along the eastern edge of the subject property that are present at this hearing. He stated Mr. Fuhler is an absent owner of the subject property and wanted that noted. He stated the new zoning of commercial property will be butting up to Planning and Zoning Commission March 30,2022 Special Page 4 residential. They believe if more storage facilities are added there will be more impact on the traffic due to more people entering to access their storage units. Mr. Albright stated the storage facility will go right up to the property lines of the residences on the east. He disagrees that commercial use on this property is desirable. Mr. Albright stated the petitioner is selective in what he maintains. On the east side Dot Street there is a 70-year-old widow living alone. On the west side there is a family with 2 young children. The street has never been maintained or plowed, and the petitioner only maintains what he feels he needs to. The residents do not believe commercial in the middle of residential and agriculture wouldn't have an impact. They contacted other storage facilities in the area and found out there is a plethora of storage units available to be rented, which is contrary to what they were told by the City and the petitioner. Mr. Jim Lichon, 1916 Dot Street, was sworn in. Mr. Lichon stated, regarding environmental impact, that he moved in two years ago and had no idea Dot Street was not owned by the City. He presented a video of stormwater running down the Street past his garage after a rain. The water flowed from straight up to the storage sheds and in a gully to the wetlands. The bright lights of the storage facility shine in their yard and is extremely annoying. He does not believe the 6-fence will block any of the new building from their view. The berm being proposed is only about 100 ft from the residences. He stated the road and drainage is not maintained and that is a major concern for their homes. He is also concerned with increased noise. He asked for clarification on the outdoor parking storage location and size. Paul Campos, 1914 Dot St. was sworn in. Mr. Campos stated he recently moved in September 2021 and desired a private residence when it was purchased. They were unaware of these expansion plans and would not have purchased the property had they known of this proposal. It was a nice quiet home, and he also believes the 6' fence proposed is on a hill and will not block the activity or bright lights from the storage facility. The excess water flow has been affecting them with flooding already and they are concerned it will only get worse. Mr. Campos asked for clarification on the parking storage size, spaces, etc. Attorney Gottemoller could not clarify at this time. Ms. Judy Walter 5618 Chesapeake, was sworn in. Ms. Walter stated she lives in Chesapeake Hills subdivision. She stated she is at the bottom of the hill this storage expansion is at the top of. It is a very tall hill, and the water will have nowhere else to go but down to their homes. She is very concerned about water runoff. Ms. Jannely Sanchez, 1914 Dot St. was sworn in and stated they do not want to live behind this expanded business. There is a 6' fence and it is not sufficient to block the commercial activity. She spoke to managers of the facility and was informed of rodent activity at the storage units, and they are concerned they will cause increased rodents on their property. She stated her family will feel very unsafe and uncomfortable if this expansion is allowed. They also were not informed that Dot St. was a private road, but Mr. Fuhler had told her at one time that he owned the road. They are asking for him to completely maintain that road for all of the residences. Planning and Zoning Commission March 30,2022 Special Page 5 Ms. Karen Demarco, 1918 Dot St. was sworn in. Ms. DeMarco mentioned that when they bought the property, they were told they were responsible for their private driveways and were never told they would be responsible for maintaining the street,which has potholes and is deteriorating and in dangerous condition. That is all the neighboring resident's major concern. Mr. Bill Kearns, 2017 N. Ringwood Rd., McHenry was sworn in and stated he owns property to the east and a retention pond had been put in previously, but it does not seem to be operating properly in recent years. Other residents were present but did not choose to speak. All of the residents speaking stated they were never informed that Dot Street was a driveway and not a roadway or that they would be responsible for maintaining it. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:51 p.m. Attorney Gottemoller and Mr. Fuhler asked to respond to residents' comments. Mr. Fuhler stated he understands the neighbors concerns regarding water and privacy and the berm and he wants to be a good neighbor. He stated Dot Street has never been used by them or maintained by them or plowed by him for 20 years so he doesn't think they should begin maintaining and plowing it now, especially when they intend to berm it and close off access to it. Attorney Gottemoller summarized the past research done regarding Dot Street and it unfortunately is unclear but the fact a property owner owns the underlying land/driveway does not mean it is their responsibility to maintain it. It is not a road or driveway that the storage facility will be using but they have no problems allowing the residents to maintain it themselves however they want to. The building of the facility will have to go through engineering reviews with the City that will address water runoff and they are proposing to add two berms to help alleviate water from running off to Dot Street. All lighting will need to meet city standards and motion sensors will be active for security purposes. He further stated all research and reviews done indicate storage unit facilities do not cause increased car traffic or near as much traffic as a residential neighborhood causes. Attorney Gottemoller clarified that the neighbors' properties and surrounding areas contain agricultural land and there are mice and rodents in all agricultural and countryside land. This is not something that is caused by expanding the storage facility, it is simply a fact of the surrounding land. Mr. Fuhler lives in McHenry County and is an active businessman in the area. Commissioner Bremer asked what the hours of the facility would be. Mr. Fuhler stated it opens at 5:00 a.m. and closes at 10:00 p.m. She asked for clarification on the parking area for the outdoor storage. Mr. Fuhler stated they do not have exact plans yet, but it will be next to the detention area at the low part of the property and not near the neighbors, and that approximately 30 spaces would constitute a good financial investment and make it feasible. It will be done on a request basis. Commissioner Bremer asked Mr. Fuhler to address the resident's comments that the previous berm failed to reduce the water issues. Mr. Fuhler stated he doesn't believe the water flowed from a failed berm but rather from the field because the ground was frozen. Planning and Zoning Commission March 30,2022 Special Page 6 Planner Sheriff stated when Dot Street was put in it pre-dated the current State Plat Act which is the reason for the confusion with the status of the road maintenance. The City will require the road ownership to be resolved within a year so that the road can be maintained. Commissioner Davis asked for clarification of the placement of the berm and fence. Mr. Fuhler stated it is not fully determined or shown in the plans. There is a 6 ft chain link fence there on the perimeter of the property and a 6 ft cedar fence was later built for privacy for the residents. The new berm being proposed will be 6 feet or higher and the storage units will be built down, or below, the base of the berm. Commissioner Davis asked for clarification on the size of the larger retention pond. Mr. Fuhler stated it will be larger and must be engineered to meet city codes. Director Polerecky confirmed. Commissioner Davis commented in his opinion the private road owner / property owner is allowing use of the road to the residents. There are other private roads in this town that do have to maintain their own private roads and this property owner is helping the best he can. He doesn't mean anyone is right or wrong, it just is the way it is. Commissioner Lehman stated most of the concerns were addressed by the Petitioner and he is in favor of the project. Commissioner Sobotta asked if lighting would be on poles or on the buildings. Mr. Fuhler stated current lighting is on the buildings and new lighting added will be the same and will meet all current code requirements. Commissioner Sobotta asked if Dot Street was the only access road for the residences. Mr. Fuhler stated it was for all but one of the houses. Commissioner Smale stated most of her concerns were addressed and she had no further questions. Chairwoman Rockweiler stated the main concerns seem to be water runoff and ownership and maintenance of Dot Street. She believes it was clarified the berm has to be engineered to help alleviate water problems and Director Polerecky confirmed that the addition of the berms cannot negatively affect the neighbors. Until they have an engineering site plan presented, it will be hard to positively speak on the engineering but everything will have to be built to meet current requirements. Chairwoman Rockweiler agrees with the residents that the ownership of Dot Street is confusing and difficult to deal with and asked what remedies might be available to them. Planner Sheriff explained they would have to go through civil court for something like adverse possession of the road. He stated Mr. Fuhler has indicated a desire to work with the residents. Dot Street is classified as a driveway by the county, and driveways need to be privately maintained. He further stated the Commission today will not be able to resolve the Dot Street issues but that the City will continue to work with Mr. Fuhler to resolve things. Planning and Zoning Commission March 30,2022 Special Page 7 Commissioner Sobotta asked if all the water run off from the hill runs down to Route 120. Director Polerecky commented it runs down in a southeasterly direction toward Ringwood Rd. Motion by Davis, seconded by Lehman, with regard to File No. Z-2022-12, to recommend approval the petitioner's request for a zoning map amendment upon annexation to the C-5 Highway Commercial District, and by making said motion, that the approval criteria for Zoning Amendments have been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. Motion by Lehman, seconded by Davis, with regard to File No. Z-2022-12, to recommend approval of the petitioner's request for a Conditional Use Permit for the operation of Mini- Warehouse with outdoor storage, as amended, subject to the following conditions: 1. The Property Owners shall remove the shed and other accessory structures depicted in the submitted plat of survey for the eastern most property within 6 months of annexation. 2. All development on site shall be in substantial conformance with the conceptual landscape plan titled "Proposed Landscape Plan". 3. The Property Owners shall provide the City with a finalized Landscaping Plan for the proposed expansion area in conformance with the City's Landscaping and Screening Ordinance to the greatest extent possible as determined by the Zoning Administrator prior to issuing a building permit. 4. The Property Owners shall preserve the existing tree line to the greatest extent possible. 5. The Property Owners shall provide a tree survey within 6 months of annexation or prior to issuing a building permit, whichever comes first. 6. The Property Owners shall work with the City to provide access easements for all adjoining property owners on Dot Street within one year of annexation with allowances for time extensions based on unique circumstances as determined by the Zoning Administrator. and by making said motion, that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent:Riley. Motion Carried. Motion by Bremer seconded by Sobotta, with regard to File No. Z-2022-12, to recommend approval of the petitioner's request for a Use Variation to accommodate the existing Caretaker Residence on site, and by making said motion, that the approval criteria for Use Variations have been met as outlined in the Staff Report. Planning and Zoning Commission March 30,2022 Special Page 8 Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. Motion by Smale, seconded by Lehman with regard to File No. Z-2022-12, to recommend approval of the petitioner's request for the following Zoning Variations: 1. Variation from the City's Off-Street Parking and Loading Ordinance to allow 6 spaces in lieu of the required 77 spaces. 2. Any other zoning variations necessary to accommodate the existing structures and proposed expansion as depicted on the submitted conceptual landscape plan subject to the conditions outlined in the Conditional Use Permit. and by making said motion, that the approval criteria for Zoning Variations have been met as outlined in the Staff Report. Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-2022-12 at 8:29 p.m. Staff Report:The next meeting is Wednesday April 20, 2022. Adjourn: Motion by Bremer and seconded by Smale, all approved. Meeting adjourned at 8:30 p.m.