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HomeMy WebLinkAboutMinutes - 7/20/2022 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes July 20, 2022 Chairwoman Rockweiler called the July 20, 2022, regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. Absent: Smale. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky and Deputy City Clerk Johnson. Approval of the Agenda: A motion was made by Commissioner Davis and seconded by Commissioner Bremer to approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. Public Input No members of the public offered any public input. Approval of Minutes: Approval of the June 15, 2022, regular meeting minutes as presented. A motion was made by Commissioner Lehman and seconded by Commissioner Sobotta for approval. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0- nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. File No. Z-2022-09 Petitioner: Cunat Inc, of 5400 W Elm Street, McHenry, IL 60050 Zoning Map Amendment to RM-2 High-Density Multifamily Residential District, a Conditional Use Permit for a Preliminary Planned Unit Development, and Preliminary Plat of Subdivision for the Residences of Fox Meadows Multifamily Development on the northeast corner of IL- 31 and Veterans Parkway Chairwoman Rockweiler called the hearing to order at 7:04 p.m. City Planner Cody Sheriff reported that all legal posting requirements have been met. The petitioners were sworn in from the previous meetings. Brian Cunat stated that they have listened to and complied with the questions and concerns from Staff. They took away one of the garages and extended the berm all the way around Route 31. The berm should be five to six feet tall with landscaping averaging a height of eight feet. Quotes for the fence near the autism school came in between $20,000-25,000 depending on fence type. They suggest offering a cash amount to donate to the school to share the cost of the fence. Planner Sheriff stated that Cunat has addressed all Staff concerns, and that the Planning and Zoning Commission July 20, 2022 Page 2 fence is not required by ordinance. The Commission could determine what would be fair or necessary regarding the fence. Chairwoman Rockweiler explained that there are two options the Commission could go with for a motion. The first option is to keep the garage alongside the berm, to install a concrete wall, and have the garage sitting in the middle of the berm. This option is not recommended by Cunat or Staff as it appears to have safety concerns with people being able to run up the berm and get on top of garages. The second option is to remove the garage and have a continuous berm along the entire length of Route 31. Chairwoman Rockweiler opened the public hearing portion of the meeting 7:20 p.m. No members of the public had any comments, and Chairwoman Rockweiler closed the public hearing portion of the meeting at 7:20 p.m. The Commission members were given a chance to explain their position for the project. Commissioner Lehman stated that he was in favor of the development and liked the new concept. Commissioner Riley likes the adjustments that were made and that they were willing to work with the neighbors. Commissioner Davis agreed and believed that the monetary donation was more than fair. Commissioner Sobotta is opposed to the development because this changes the whole area zoned for commercial/industrial. He believes we are giving up prime business area and believes this is too many units for this area. He has no problem with more residential but would like to see this development in a different location. Chairwoman Rockweiler does not like giving up the prime real estate, but the land has been there a long time with no development happening. Commissioner Bremer believes there is a need for this in our community as businesses have a hard time getting housing for their employees. Chairwoman Rockweiler stated she is on the fence because we need multi-family, but doesn’t like the location. She likes the changes that Cunat has made to the plan, and sees both sides of the argument. A motion was made by Commissioner Davis and seconded by Commissioner Lehman to recommend approval of the petitioner’s request for a zoning map amendment from the C-5 Highway Commercial District and BP Business Park District to the RM-2 High Density Multifamily Residential District for the subject property, and by making said motion, I agree that the approval criteria for the Zoning Amendments have been met as outlined in the staff report. Roll Call Vote: 4-ayes: Commissioners Davis, Lehman, Bremer, Riley. 2-ayes: Commissioners Sobotta, Rockweiler. 1-absent: Commissioner Smale. Motion carried. A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to recommend approval of the petitioner’s request for preliminary plan approval for a conditional use permit to allow a 540-unit, multifamily, Planned Unit Development on the subject property subject to the following conditions: Planning and Zoning Commission July 20, 2022 Page 3 1. The petitioner shall revise the final plan to include a pedestrian crosswalk from the park area on the eastside of the subject property to the eastern-most basketball court. 2. The petitioner shall revise the final plan to label the proposed basketball courts. 3. The petitioner shall provide a monetary contribution to the property owners of 4100 Veterans Parkway in the amount of $12,500 for a fence of their choosing or for no fence if so desired. 4. The petitioner shall revise the final landscape plan and site plan based on the submitted option 2. 5. The petitioner shall revise the berm landscaping to include canopy-canopy evergreen tree screening and decorative outcrop stones to be reviewed at the discretion of the Zoning Administrator. 6. The Property Owner shall be responsible for an equitable share of maintenance responsibility, based on lot size, for the maintenance of the existing regional Stormwater Retention Pond on Lot 2 of Prairie Pointe Business Park Resubdivision. 7. The Property Owner shall agree to enact a backup Special Service Area (SSA) for the maintenance of the regional Stormwater Retention Pond within 6 months of approval. Said SSA shall encompass all property that is serviced by said regional Stormwater Retention Pond. Failure of the property owner(s) currently serviced by the Regional Stormwater Retention Pond on Lot 2 of Prairie Pointe Business Park Resubdivision to agree to the enactment of said SSA, shall absolve the Property Owner of the Residences of Fox Meadows from enacting said SSA. 8. The Property Owner shall be responsible for the replacement of any damaged or destroyed landscaping, screening facilities, and recreational equipment within 30 days of notification by the City of McHenry or other reasonable timeframe at the discretion of the Zoning Administrator. 9. All development on site shall be in substantial conformance with the submitted site plan, landscape plan, and building elevations. 10. All other federal, state, and local laws shall be met. AND by making said motion, I agree that the standards for Planned Unit Developments and approval criteria for Conditional Uses have been met as outlined in the staff report Roll Call Vote: 4-ayes: Commissioners Davis, Lehman, Bremer, Riley. 2-ayes: Commissioners Sobotta, Rockweiler. 1-absent: Commissioner Smale. Motion carried. Chairwoman Rockweiler closed file Z-2022-09 at 7:41 p.m. Planning and Zoning Commission July 20, 2022 Page 4 File No. Z-2022-08 Petitioner: Mark Munson, Managing Member of Munson Properties IV LLC of 31695 N US Highway 12, Round Lake, IL 60073 Conditional Use Permit and Zoning Variations for the expansion of the existing Marina at 3112 W Lincoln Road. Planner Sheriff stated that the petitioner has complied with the public notice compliance. The petitioners were not present, but Planner Sheriff presented the plan for the petitioners. Planner Sheriff explained that significant improvements have been made to the Munson Marine property. They have now acquired the remaining two residential properties. Their plan is to demolish those homes and expand the outdoor storage area and operations. They will provide landscaping and screening. Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:44 p.m. No members of the public offered comment, and the public hearing was closed at 7:44 p.m. All commission members agreed that what they have done so far is amazing. The area used to be an eyesore and they have done a phenomenal job. Director Polerecky explained that they have addressed all issues related to engineering and building codes and are all compliant. A motion was made by Commissioner Bremer and seconded by Commissioner Davis to approve the petitioner’s request for a Conditional Use Permit for the operation of a Marina and associated uses including Outdoor Storage, Motor/Recreational Vehicle Fuel and Oil Sales, Marine Vehicle Service and Repair, Slip Rentals, and an Open Sales Lot subject to the following conditions: 1. The site shall be developed in substantial conformance with the Landscaping and Screening Ordinance to the greatest extent possible as determined by the Zoning Administrator. 2. The outdoor storage of bulk materials is prohibited unless fully enclosed. 3. All development on site shall be in substantial conformance with the submitted site plan dated 1.20.22. AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the Staff Report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1- absent: Commissioner Smale. Motion Carried. A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to approve the petitioner’s request for the following Zoning Variations: Planning and Zoning Commission July 20, 2022 Page 5 1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal structure. 2. Variation to accommodate the existing parking lot that encroaches within 10 feet of the north property line. 3. Any other zoning variations necessary to accommodate the proposed development as depicted on the site plan dated 1.20.22. AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the approval criteria for Variances have been met. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried. The hearing for file Z-2002-08 was closed at 10:00 p.m. File No. Z-2022-15 Petitioner: City of McHenry, 333 S Green St, McHenry, IL 60050 Various Zoning Text Amendments to the City of McHenry Zoning Ordinance Chairwoman Rockweiler opened the hearing at 7:51 p.m. Planner Sheriff stated that all public hearing and posting requirements have been met. He explained that it can be complicated to compare municipal parking requirements as it is subjective. What is the goal of a parking ordinance? Do we need to plan for the minimum, or for Black Friday, or an average amount? The City wants to ensure that the property owners have the amount of parking they truly need. We have mechanisms in place to remedy parking issues if there are overflow problems or issues with IDOT or spilling into the streets. Planner Sheriff also discussed the Residential Care Facilities and housing for individuals with disabilities to bring the ordinance into compliance with the Fair Housing Act. Other changes include car washes, density through lots, front/rear yard setbacks and fences. Chairwoman Rockweiler opened the public hearing portion of the meeting at 8:04 p.m. With no members of the public wishing to address the Commission, she closed the public hearing portion at 8:04 p.m. A motion was made by Commissioner Lehman and seconded by Commissioner Riley to approve various zoning text amendments as presented and outlined in the staff report. Roll Call Vote: 6- ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0- abstained; 1-absent: Commissioner Smale. Motion Carried. Open Discussion: Planning and Zoning Commission July 20, 2022 Page 6 Commissioner Bremer stated that she is spearheading a mural campaign on Green Street. The have hired a muralist and are hoping to start the second week in September. Arbys, Wingstop, and Trio have been held up by IDOT. U-Haul has been contacted and they are working on landscaping and need to get an out-lot created. Staff Report: The next meeting is Wednesday, August 17, 2022. The issue at 1508 N Green Street went forward and was overturned by a supermajority vote at the Council level. They identified five other coachhouses that were occupied in the area. Only existing coachhouses can be kept and they must agree to conditions of upgrades with use variances. The City will force-annex 150 acres of land in pockets that are surrounded by the City. The roller rink is down and ready to go to market. Adjourn: A motion was made by Commissioner Sobotta and seconded by Commissioner Davis to adjourn the meeting at 8:23 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Sobotta, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Commissioner Smale. Motion Carried.