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HomeMy WebLinkAboutMinutes - 07/24/2014 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes July 24, 2014 Chairman Thacker called the July 24, 2014 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Doherty, Bromley, Nadeau, Sobotta, Vallez and Thacker. Absent: Strach. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Nadeau, seconded by Doherty, to approve the minutes of the Planning and Zoning Commission Meeting as presented: June 19, 2014 regularly scheduled meeting. Voting Aye: Bromley, Doherty, Nadeau, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Vallez. Absent: Strach. Motion carried 5-0. Public Hearing: Robert M. Arnold File No. Z-838 2103 W. Illinois Route 120 Conditional Use Permit to allow motor vehicle and trailer repair, a motor vehicle body shop and an open sales lot Chairman Thacker called the Public Hearing to order at 7:35 p.m. regarding File No Z-838, an application for a conditional use permit to allow motor vehicle and trailer repair, a motor vehicle body shop and an open sales lot on the subject property as submitted by Robert M. Arnold for the property located at 2103 W. Illinois Route 120. Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on July 2, 2014. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance was Robert Arnold, 35913 N. Ash St., Ingleside, IL 60041, IL who was sworn in by Chairman Thacker. Mr. Arnold provided a summary of the request before the Commission at this Hearing stating he is requesting conditional use of the property he is leasing at 2103 W. Illinois Route 120 to open an auto repair business. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a conditional use permit to allow motor vehicle and trailer repair, a motor vehicle body shop and an open sales lot to operate a retail store consisting primarily of tires and aftermarket automobile accessories, including an automobile sales and repair facility. The applicant would like to have an exterior tire display on racks on the east side of the building while the business is open. Additionally, the applicant will sell some classic automobiles and would like to display five Planning and Zoning Commission July 24, 2014 Page 2 vehicles on the concrete pad on the north side of the building and the remainder on the east side of the building. Retail sales is a permitted use on the subject property. Motor vehicle repair and body work are conditional uses in the C-5 zoning district. The City’s zoning ordinance does permit outside display of merchandise, in accordance with various parameters set forth that all business, service, storage, merchandise display, and, where permitted, repair and processing shall be conducted wholly within enclosed buildings except for off-street parking, off-street loading, and for open sales lots or outside storage where these uses are permitted, with the exception outdoor retail displays are in compliance with several specific conditions. The outdoor display area is also limited to 20% of the width of the business frontage which is defined below: Business Frontage - The linear length of the front wall of a single business, excluding walls that abut loading areas and service drives exclusively. Front Wall-The wall of a building nearest the front lot line that is parallel to or most nearly parallel to said line. Therefore, in accordance with the City’s current ordinance, the applicant could display merchandise on 14 linear feet of paved surface on the north side of the building. The applicant would like to display merchandise on the north and east sides of the building. The concrete pad directly abutting the north wall of the building is approximately 15 feet in width by 50 feet in length (750 square feet) and an additional 500-600 square-foot pad exists abutting the west end of the north wall of the building, where the roof overhang is depicted on the attached plat of survey. The applicant has provided a plat of survey showing the location depicting the outdoor display area (facing Route 120) as well as photographs. The zoning ordinance does permit the display of vehicles on grass at automobile dealerships in accordance with the regulations that vehicles may be displayed on grass surfaces at businesses only where the sale of vehicles is the principal use on the subject property and in accordance with several provisions. In reviewing the application packet staff believes the sale of vehicles would not be the principal use on the subject property therefore the applicant would not be permitted to display vehicles on the grass, as stipulated above. As already stated however, the applicant would be permitted to display merchandise in accordance with the requirements of the outside display of merchandise provisions outlined and presented on the staff report. Motor vehicle repair and body work requires a conditional use permit in the C-5 zoning district and staff does not have a problem with this request but recommends all repair be conducted inside. Vehicles could be parked outside after repair is completed, however outside storage is not being requested as part of this request so vehicles cannot be parked outside overnight. Planning and Zoning Commission July 24, 2014 Page 3 Staff will recommend, as a condition of approval, the applicant obtain a letter from the Highway Department approving the new business at this location with the current access points. There is currently no dumpster on the site. Staff is recommending any outside dumpster be enclosed/screened all on sides by a solid fence, excluding chain link/chain link w/slats. Staff believes that this is an ideal location for a commercial business due to the traffic from Route 120, which functions as an east-west major arterial, and Chapel Hill Road, which functions as a north-south arterial. Staff recommends approval of the Conditional Use Permit to allow motor vehicle and trailer repair, motor vehicle body shop and an open sales lot at 2103 W. Route 120, with the following conditions: 1. Outside display of merchandise shall be permitted on the north, northwest and east sides of building on paved surfaces only. 2. Outdoor vehicle display shall be permitted on the east, north, and northwest sides of the building within the paved areas in place and display of vehicles must be within striped parking spaces-if located on the east side of the building. 3. A maximum of five vehicles may be displayed at any one time-on the east side of the building. Additional vehicles may be displayed on the north and northwest sides of the building on the existing concrete pads only, as designated on the attached plat of survey/site plan. 4. Vehicles cannot create any vision/line-of-sight problems. 5. Vehicle lights shall remain off and doors and hoods must remain closed. 6. Vehicular ramps are prohibited. 7. Outdoor display of any merchandise is only permitted during hours the business is open and accessible to the public. At all other times the product shall be stored inside the building. 8. The use of signage, pennants, banners, flags (other than American) lighting, electric amplification or noise making devices shall not be used to attract attention to any outdoor display. 9. All sales and transfer of product shall take place inside the building where normal retail transactions occur. 10. Outside display shall only be allowed when weather conditions are favorable for this use. 11. Outdoor display of merchandise shall be kept neat and orderly and remain free from trash and debris at all times. 12. Outdoor display of retail merchandise and vehicles shall be permitted on the north and northwest side of the building, on the existing concrete pads only-as depicted on the attached plat of survey/site plan, and all merchandise shall be taken inside at the close of each business day. No outdoor display of merchandise shall be permitted within designated parking areas-other than the five vehicles permitted to be displayed on the east side of the building. 13. All repair and body work shall be conducted wholly within an enclosed building. Planning and Zoning Commission July 24, 2014 Page 4 14. All vehicles awaiting pickup or repair shall be parked on the south or west side of the building. 15. All vehicles awaiting repair which may leak fluids or pose any other environmental hazard due to the condition of the vehicle must be kept inside at all times. 16. There shall be no outside storage on the subject property associated with this business. 17. Any outdoor dumpster placed on the subject property shall be fully screened and enclosed with a solid fence-chain link/chain link with slats is prohibited. Location of dumpster area shall be approved by City staff. 18. Employee parking must be on the south and west sides of the building. 19. Applicant must comply with parking lot lighting provisions and all other provisions outlined in the zoning ordinance unless otherwise stated as part of this recommendation and associated conditions herein. 20. Applicant must submit a letter from the McHenry County Highway Division approving the proposed access points off of Chapel Hill Road prior to receipt of an occupancy permit. Staff finds the requirements of Table 31 of the zoning ordinance have been met. Chairman Thacker invited questions and/or comments from the Commission. Comissioner Nadeau asked if condition #8 shouldn’t be revised to allow small banners near the outdoor display. Deputy City Administrator Martin stated the signage and banner requirements are regulated in our zoning ordinance. Commissioner Doherty asked if outside storage is in the plans and how the garbage area will be hidden. Mr. Arnold said there will be a fence around the garbage container area and no outside storage of vehicles. Classic cars will be brought in at night. Customers may drop off a car at night, other than that there will not be storage outside after hours. Commissioner Thacker inquired on signage. Mr. Arnold is planning on having a classic styled sign on the existing sign pole. Hours are expected to be 7am-7pm Mon-Fri, 7am-3pm on Sat., closed Sunday. Classic cars (20-25 year old vehicles or older) will be displayed for sale, no more than 10 at a time, some inside, some outside. Chairman Thacker opened the floor to questions and comments from the audience. Robert and Diana Hunter – co-owners of Riverside Chocolate Factory, 2102 W. IL Route 120, McHenry were sworn in by Chairman Thacker prior to their addressing the Commission. Mr. Hunter stated they only want to welcome Mr. Arnold as a neighbor and learn what is being considered. Chairman Thacker closed the public comment portion of the hearing at 7:45 p.m. Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z-838, an application for a conditional use permit to allow motor vehicle and trailer repair, Planning and Zoning Commission July 24, 2014 Page 5 a motor vehicle body shop and an open sales lot on the subject property located at 2103 W. Illinois Route 120 as submitted by Robert M. Arnold be granted, subject to the following conditions: 1. Outside display of merchandise shall be permitted on the north, northwest and east sides of building on paved surfaces only. 2. Outdoor vehicle display shall be permitted on the east, north, and northwest sides of the building within the paved areas in place and display of vehicles must be within striped parking spaces-if located on the east side of the building. 3. A maximum of five vehicles may be displayed at any one time-on the east side of the building. Additional vehicles may be displayed on the north and northwest sides of the building on the existing concrete pads only, as designated on the attached plat of survey/site plan. 4. Vehicles cannot create any vision/line-of-sight problems. 5. Vehicle lights shall remain off and doors and hoods must remain closed. 6. Vehicular ramps are prohibited. 7. Outdoor display of any merchandise is only permitted during hours the business is open and accessible to the public. At all other times the product shall be stored inside the building. 8. The use of signage, pennants, banners, flags (other than American) lighting, electric amplification or noise making devices shall not be used to attract attention to any outdoor display. 9. All sales and transfer of product shall take place inside the building where normal retail transactions occur. 10. Outside display shall only be allowed when weather conditions are favorable for this use. 11. Outdoor display of merchandise shall be kept neat and orderly and remain free from trash and debris at all times. 12. Outdoor display of retail merchandise and vehicles shall be permitted on the north and northwest side of the building, on the existing concrete pads only-as depicted on the attached plat of survey/site plan, and all merchandise shall be taken inside at the close of each business day. No outdoor display of merchandise shall be permitted within designated parking areas-other than the five vehicles permitted to be displayed on the east side of the building. 13. All repair and body work shall be conducted wholly within an enclosed building. 14. All vehicles awaiting pickup or repair shall be parked on the south or west side of the building. 15. All vehicles awaiting repair which may leak fluids or pose any other environmental hazard due to the condition of the vehicle must be kept inside at all times. 16. There shall be no outside storage on the subject property associated with this business. 17. Any outdoor dumpster placed on the subject property shall be fully screened and enclosed with a solid fence-chain link/chain link with slats is prohibited. Location of dumpster area shall be approved by City staff. Planning and Zoning Commission July 24, 2014 Page 6 18. Employee parking must be on the south and west sides of the building. 19. Applicant must comply with parking lot lighting provisions and all other provisions outlined in the zoning ordinance unless otherwise stated as part of this recommendation and associated conditions herein. 20. Applicant must submit a letter from the McHenry County Highway Division approving the proposed access points off of Chapel Hill Road prior to receipt of an occupancy permit. and that Table 31 of the Zoning Ordinance, has been met. Voting Aye: Bromley, Sobotta, Doherty, Nadeau, Vallez, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Chairman Thacker closed the Public Hearing regarding File No. Z-833 at 7:47p.m. City of McHenry File No. Z-839 Text Amendments to the Zoning Ordinance including but not limited to: Article III. General District Regulations (“Temporary Uses”), Article VIII. Landscaping and Screening, Article X. Accessory Uses, Yards, and Fences and Article XIX. Definitions Chairman Thacker opened the discussion at 7:50 p.m. regarding File No Z-839, various text amendments to the Zoning Ordinance including but not limited to: Article III. General District Regulations (“Temporary Uses”), Article VIII. Landscaping and Screening, Article X. Accessory Uses, Yards, and Fences and Article XIX. Definitions. Chairman Thacker stated Notice of the Public Hearing was published in the Northwest Herald on July 4, 2014. A Certificate of Publication is on file in the City Clerk’s Office. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating this hearing is regarding a few text amendments being proposed by the City. The current temporary use provisions in the city’s zoning ordinance permit temporary uses of land in any zoning district by the issuance of a temporary use permit by the zoning administrator and all temporary use permits are required to be presented to the City Council for review. Currently, the zoning ordinance defines temporary uses as follows: TEMPORARY USES A Principal or Accessory Use that is established for a period of less than one year and is discontinued within that time period. Staff presented this topic to the Community Development Committee again on March 10 of this year to discuss the following: Planning and Zoning Commission July 24, 2014 Page 7 1. The overwhelming majority of temporary use permits are approved as part of the consent agenda and never discussed; 2. Many temporary use permits are annual requests and never change substantially; 3. There is a time delay in processing the request for temporary use permits due to the requirement that each must be placed on a City Council agenda; 4. In an effort to continue to be more customer-service/business-friendly and expedite processing of applications; 5. Most requests/events which require a temporary use permit are submitted last minute and do not allow staff sufficient time to place on a City Council agenda. In the past, staff has notified the City Council those which were “administratively” approved due to the time constraint involved and cannot be placed on a Council agenda prior to the event taking place; 6. Many temporary use permits are issued for events which generally are normal activities conducted as part of the principal use on the property and make the requirement for a temporary use permit redundant; 7. If temporary uses are held in City parks a temporary use permit, for zoning purposes, is not required. Typically, this is addressed by requiring a special use permit for park use; 8. Staff would like some administrative authority to approve certain temporary use permits which are minor in nature; 9. This issue is similar in nature to allowing signs in the right-of-way for not-for-profit organizations, if certain criteria are met. At the last Committee meeting, the Committee directed staff to present amendments to the full City Council which would not require applications for signage in the right-of-way to be presented to the City Council if all the criteria outlined in the zoning ordinance are met; 10. If an event is proposed which is not open to the public staff generally does not require a temporary use permit, however language to this effect should be included in the ordinance; 11. More definitive standards/guidelines need to be established for when a temporary use permit is required to ensure consistency and equity. Staff has researched this issue extensively, and unfortunately there’s no full-proof method of dealing with these types of requests and inevitably they are not exclusively black and white, therefore some discretion is required. However, if there are standards in place this “discretionary” authority can be minimized. Staff believes the best way to address the regulation of temporary uses is to classify them into two categories-major and minor. Minor temporary uses would allow City staff to issue the permit administratively without specific City Council authorization, whereas major temporary uses would require City Council consideration and approval. Similar to home occupations, instead of coming up with an exhaustive list of what uses should/should not be permitted, staff believes temporary uses should also be measured against a set of performance standards to determine whether they should be administratively approved or reviewed more extensively and considered by the City Council. Planning and Zoning Commission July 24, 2014 Page 8 Staff Recommendation Prior to Public Hearing is for approval of the following amendments to the existing temporary use regulations in the zoning ordinance: Addition of the following language: “The following are excluded from the requirement of obtaining a temporary use permit: private, non-commercial events on the sponsor’s property, such as home owners’ associations picnics at a private park, corporate picnics on a corporate campus/property, private weddings at a private residence or private subdivision clubhouse.” The following temporary use permits require consideration, review and prior approval by the City Council if one or more of the applicable criteria are met: • Exceeds seven consecutive calendar days in length, including setup and take-down (set- up and take-down includes erecting/removing tents, lighting, fencing, merchandise specifically associated with the temporary use being proposed); Major Temporary Use-a temporary use which meets at least one of the following criteria*: • Use is not permitted by right in the zoning district in which its proposed and is not consistent with activities typically associated with the existing principal land use on the property being proposed; • Any use proposed which also involves any type of sign variance request; • Any use proposed which cannot comply with the outdoor lighting regulations or performance standards for noise as outline in the zoning ordinance; • Use is proposed on a property where the existing principal use is non-conforming use; • Use may not exceed seven consecutive calendar days but is proposed more than one time/calendar year-either on the same application or multiple applications submitted within the same calendar year; • Use proposed is not compliant with all other applicable City ordinances, rules and regulations. *The only exceptions staff is proposing which may be considered major temporary uses in accordance with the criteria outlined above, but staff would like the ability to approve administratively without City Council consideration, are the six uses already listed in the temporary use section of the zoning ordinance if all applicable criteria identified are met. If one or more of these criteria cannot be met, these requests would be brought before the City Council for consideration. These include: Carnivals and Circuses, Outside Display of Landscaping Material, Sale of Christmas trees, Temporary Roadside Display and Sale of Farm Produce, Landscaping Material, or Other Related Merchandise, Downtown or Shopping Center Sidewalk Sales and Trailers for the Temporary Storage of Merchandise. Additionally, any event held in a City park would not require a temporary use permit as these events are brought to the City Council for consideration as special use permits as park events. The following temporary use permits do not require consideration, review and prior approval by the City Council, however all criteria listed below must be met. Planning and Zoning Commission July 24, 2014 Page 9 • No more than seven consecutive calendar days in length, including setup and take- down; Minor Temporary Uses • Use is permitted by right in the zoning district in which its proposed; • Use is consistent with activities typically associated with the existing principal land use on the property being proposed; • Use is proposed on a property where the existing principal use is conforming; • Use is only proposed for one time/calendar year; • All applicable permits are obtained-including but not limited to any food service permit required from the McHenry County Department of Health; • Any temporary use previously approved by the City Council, as part of another agreement, such as: already requires trailers for new home construction. • Any use which requires a City license or permit and normally where City Council approval is not typically required, such as: peddlers adjacent to the Riverwalk, solicitors compliant with terms in the Solicitors and Peddlers ordinance, ice cream vendors, etc. Chairman Thacker invited questions and/or comments from the Commission. Commissioner Thacker inquired if this is approved and minor temporary uses are done administratively, will Council be informed of the minor temporary uses simply so they are aware. Deputy City Administrator Martin stated that Council would certainly be informed of all minor temporary use applications. Commissioner Doherty asked for clarification on whether a church possibly wanting to have a 4- day car show would require City Council approval. He also inquired on the average number of temporary use requests per year. Deputy City Administrator Martin stated if the car show met all the bullet-pointed approval requirements it could be approved administratively and would not need City Council approval but the car show must meet all the approval criteria. He stated historically there is an average of 35-47 temporary use requests per year and that a portion of those would be considered major and a portion minor requests under the proposed amendments. Commissioner Nadeau asked who specifically would be doing administrative reviews. Deputy City Administrator Martin replied that he, as the Deputy City Administrator in charge of the Community and Economic Development Department, along with at least two other department inspectors will perform administrative reviews and there will be further discussion to define the administrative review process. The Community Development Committee discussed amendments to the landscaping and screening and accessory uses, yards and fences sections in the zoning ordinance at its March 10 and May 12, 2014 meetings. Currently, the ordinance is ambiguous and requires more specific Amendments to Article VIII. Landscaping and Screening and Article X. Accessory Uses, Yards and Fences and Article XIX. Definitions Planning and Zoning Commission July 24, 2014 Page 10 criteria to effectively regulate this issue. The Committee sought a practical, objective, measurable and enforceable method, in terms of height and extent, to regulate mechanical equipment, whether located on the ground or on a roof. Following is the current language included in the zoning ordinance. All mechanical equipment on site shall be screened, this includes; heating, ventilation, air- conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, satellite dishes, smoke exhaust fans, service entry section and similar utility panel boxes. A 3-foot clearance shall be provided around all equipment to allow access and maintenance. 4. b. Mechanical Equipment Staff suggested utilizing the same methodology currently in place for residential screening strips as a means to establish objective criteria for screening mechanical equipment. The landscaping and screening section of the zoning ordinance includes a table which states the minimum buffer width and height based on the zoning of the subject property and that which it’s adjacent to. Staff believes the same standards could be utilized for screening mechanical equipment, expressed as a percentage of the height of the mechanical equipment including any appurtenances attached. The proposed amendments are not as intense, but are consistent with requirements outlined in the healthcare and business park districts. Because non-residential building height is a function of floor area ratio in the zoning ordinance, staff is recommending mechanical equipment not exceed ten feet above the height of the building, which is similar to a permitted obstruction in a required yard but instead a permitted obstruction of airspace above the roof of a building. By utilizing a percentage of the total height, this allows a developer options to place the equipment on the ground or the roof but incorporates more stringent requirements for rooftop equipment due to the increased visibility from surrounding properties. Additionally Table 19 in the zoning ordinance governs location of accessory structures and what required yards they are permitted to protrude into, but does not include mechanical equipment-only air conditioning units. Staff is recommending this be amended. To be consistent with the proposed amendments staff is also recommending adding BP, Business Park to Table 14, under “from proposed zoning” as well as the following: **Adjacent zoning, including those abutting or across a street or alley from any boundary of the subject property,” which would replace the current language: “* Applies also when yard is adjacent to an improved or unimproved alley right-of-way that is adjacent to property in these districts.” Planning and Zoning Commission July 24, 2014 Page 11 ***Height is measured from the base of the equipment to the tallest point including any appurtenances, whether temporarily and/or permanently affixed/attached.” Finally, staff believes a definition of mechanical equipment should be included in the zoning ordinance, which would encompass what is already included in Section 4b of the Landscaping and Screening Section of the Zoning Ordinance and include any appurtenance whether temporarily and/or permanently affixed/attached. Also, a definition of height, as it pertains to newly installed landscaping should also be added. The Community Development Committee also discussed requirements for and screening of dumpster enclosures. With the exception of business park and health care zoning districts the zoning ordinance does not address the screening of or location for dumpster/refuse containers. Staff is proposing amendments to the Landscaping and Screening section of the zoning ordinance and Table 19 (detailing Accessory Uses and where they are Permitted Obstructions) which govern the location of accessory structures to address screening of dumpsters/refuse containers for properties with dwellings containing three or more dwelling units, to be consistent with the current requirement in the municipal code, as well as requirements for screening of dumpster/refuse areas for non-residentially-zoned property. This does not include Business Park and Health Care Districts which are adequately addressed as-written in the zoning ordinance. Screening of Dumpster Enclosures/Refuse Containers and proposed amendments Staff is recommending the following amendments to the Landscaping and Screening Section of the zoning ordinance for all buildings containing three or more dwelling units and non- residentially-zoned property, excluding the Business Park and Health Care Districts. “All trash shall be stored within an enclosed building, or if located on the exterior of a site shall be screened on all sides by walls or solid fence (chain link fencing may not be utilized), that are a minimum of 6 feet in height. If a solid wall is utilized to screen the enclosure/refuse the materials of the proposed wall shall be designed of durable materials with finishes and colors which are similar to the adjacent building. Refuse shall not be visible from outside the refuse enclosure. All enclosures shall be accessible by vehicles which will be required to access the containers.” Staff is recommending amending Table 19 to include refuse disposal areas as permitted obstructions in required interior side and rear yards only with the following addition: “Refuse disposal areas cannot be located between the front or corner side lot line and the principal building.” Staff is also recommending cross-referencing Chapter 11 of the Municipal Code with Article VIII Landscaping and Screening and Article X. Accessory Uses, Yards & Fences and vice versa”. Staff did discuss the issue of amortization of non-conforming properties, as it relates to the requirements for dumpster enclosures, screening of enclosures and screening of mechanical equipment. The Committee decided, and staff concurs, the best way to address this is to Planning and Zoning Commission July 24, 2014 Page 12 require any properties which pursue relocating an existing dumpster enclosure to comply with the new ordinance provisions. Additionally, if a property is being reviewed for a conditional use permit or variance a condition could be placed on the approval requiring any unscreened dumpster enclosure to be screened if practical to do so. Staff and the Committee concur it would be impractical to require existing property owners to comply with the screening requirements for mechanical equipment due to impacts, as they relate to site constraints, rooftop loads, etc. as well as the costs associated with these modifications. The Community Development Committee unanimously recommended approval of the addition of requiring the screening of mechanical equipment on all sides if it is on the ground. Incorporating the principal building is acceptable, however the three foot clearance must be maintained. For dumpster enclosures, no amortization or retrofit for mechanical equipment or enclosures are required, however, any modification which requires relocation of an existing refuse area must comply with the new Ordinance. Staff Recommendation Prior to Public Hearing is for approval of the following text amendments to the zoning ordinance regarding landscaping and screening, accessory uses, yards and fences and definitions: “All trash shall be stored within an enclosed building, or if located on the exterior of a site shall be screened on all sides by walls or solid fence (chain link fencing may not be utilized) that are a minimum of 6 feet in height. If a solid wall is utilized to screen the enclosure/refuse the materials of the proposed wall shall be designed of durable materials with finishes and colors which are similar to the adjacent building. Refuse shall not be visible from outside the refuse enclosure. All enclosures shall be accessible by vehicles which will be required to access the containers. Any site addition, alteration and/or modification which requires the relocation of an existing refuse area/dumpster enclosure must comply with the regulations in this ordinance.” Staff is recommending amending Table 19 to include refuse disposal areas as permitted obstructions in required interior side and rear yards only with the following addition: “Refuse disposal areas cannot be located between the front or corner side lot line and the principal building.” Staff is also recommending cross-referencing Chapter 11 of the Municipal Code with Article VIII Landscaping and Screening and Article X. Accessory Uses, Yards & Fences and vice versa” Planning and Zoning Commission July 24, 2014 Page 13 (Proposed Additional Table) Table 14(a): Screening of Mechanical Equipment* (Rooftop and ground Equipment) and additional amendments* Screen Required From Proposed Zoning (Subject Property) To Existing Adjacent Zoning 75% of height of mechanical equipment O-1-2, C 1-5, BP I 1-2 E, RS 1-4, RA 1, RM 1- 2 50% of height of mechanical equipment** RA-1, RM 1-2 E, RS 1-4 “*Includes all mechanical equipment as previously defined, whether located on the ground or rooftop of a building. **50% is the minimum screening requirement or 48”, whichever is greater, within any zoning district. Adjacent zoning, including those abutting or across a street or alley from any boundary of the subject property. Height will be measured from the base of the equipment or structure to the tallest point including any antenna or any ancillary appurtenances, whether temporarily and/or permanently affixed/attached. No part of any rooftop mechanical equipment or other rooftop appurtenances including chimneys, cooling tower, etc., nor screening of roof appurtenances shall be installed more than 10 feet above the building height, as defined in the zoning ordinance unless otherwise permitted. All cooling towers, mechanical equipment or appurtenances, vents, intakes or stacks or other rooftop structures, shall be screened by a parapet wall, solid metal sight screening or similar systems designed for use as screening of these types of devices. All screening shall comply with all building and fire codes for appearance, fire rating, wind load and structural integrity. All rooftop and ground screening, other than landscaping, shall be of a material and color compatible with the materials used on the exterior of the building, the intent being that the screening system is designed so as to be an architectural component, consistent with the overall building design. Ground screening may consist of a landscaped strip including trees and shrubs, which may be combined with a solid fence or wall. Chain link-style fencing may not be utilized. Mechanical equipment may be a permitted obstruction in interior side and rear yards only and cannot be located between the front or corner side lot line and a principal building.” “Mechanical equipment may be a permitted obstruction in interior side and rear yards only and cannot be located between the front or corner side lot line and a principal building.” Planning and Zoning Commission July 24, 2014 Page 14 To be consistent with the proposed amendments staff is also recommending adding BP, Business Park to Table 14, under “from proposed zoning” as well as the following: Additional Amendments –Table 14 **Adjacent zoning, including those abutting or across a street or alley from any boundary of the subject property,” which would replace the current language: “* Applies also when yard is adjacent to an improved or unimproved alley right-of-way that is adjacent to property in these districts.” ***Height is measured from the base of the equipment to the tallest point including any appurtenances, whether temporarily and/or permanently affixed/attached.” Mechanical Equipment: All piping, ducts, vents, control devices and other components of systems which are permanently installed and integrated to provide control of environmental conditions for buildings. Additional Definitions Proposed Landscaping Installation Height: The vertical distance measured from the ground level at the lowest grade level within three feet of either side thereof to the tallest point of any landscaping, as defined herein. Chairman Thacker invited questions and/or comments from the Commission. Discussion was held regarding dumpster nuisances and ordinance requirements. Commissioners Sobotta and Bromley suggested the language in Table 14(a) be amended to read the minimum mechanical equipment screening requirement be 50% or 48”, whichever is greater. Commissioner Doherty asked for clarification on whether a privacy fence can be installed in the front yard of a home. Deputy City Administrator Martin replied if the yard is on a deep lot, the fence could be placed in the front yard, as long as the house is set back more than 30’. He added it is addressed in the fence ordinance. Commissioner Doherty inquired if shopping centers are included in the dumpster ordinance changes, even though some of the properties are “grandfathered” in. Deputy City Administrator Martin stated it is legally problematic to differentiate and Staff’s recommendation stands. Chairman Thacker opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Thacker closed the public comment portion of the hearing at 8:15 p.m. Planning and Zoning Commission July 24, 2014 Page 15 Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-839, approval of various text amendments to the Zoning Ordinance including but not limited to: Article III. General District Regulations (“Temporary Uses”), Article VIII. Landscaping and Screening, Article X. Accessory Uses, Yards, and Fences and Article XIX. Definitions, as amended. Voting Aye: Bromley, Doherty, Nadeau, Vallez, Sobotta, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach. Motion carried 6-0. Chairman Thacker closed the Public Hearing regarding File No. Z-839 at 8:20 p.m. Staff Report The next meeting will be Wednesday, September 20, 2014. Currently on the agenda is a conditional use permit for McDonald’s on Elm Street for a third drive-through pick-up window. Other Business Confirmation on meeting attendance will be emailed to the Planning and Zoning Commissioners the morning of the meeting beginning this month. Please reply directly to Dorothy. Commissioner Bromley needs to do his Open Meetings Act training. Adjournment Motion by Nadeau, seconded by Doherty, to adjourn the meeting at 8:25 p.m. Voting Aye: Bromley, Doherty, Nadeau, Sobotta, Vallez and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Strach Motion carried 6-0. The meeting was adjourned at 8:25 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry