HomeMy WebLinkAboutMinutes - 01/19/2012 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
January 19, 2012
Chairman Schepler called the January 19, 2012 regularly scheduled meeting of the City of McHenry
Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman,
Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker. Absent: None. Also in attendance were:
Deputy City Administrator Martin and Deputy City Clerk Kunzer.
Approval of Minutes
Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
December 8, 2011 regularly scheduled meeting.
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Public Hearing: City of McHenry
File No. Z-780
Text Amendment – Residential Generators
Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z-780, an application
for text amendment to allow the use of generators in the residential zoning district as submitted by the
City of McHenry.
Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on
December 22, 2011. Certificate of Publication is on file in the City Clerk’s Office.
Deputy Administrator Martin provided a summary and staff report of the request before the
Commission at this Hearing. He noted the issue of use of portable generators arose due to the extended
power outage which occurred in 2011. Many residents turned to portable whole-house generators to
provide relief during the electrical outage. The Zoning Ordinance does not provide for the use of these
generators in the residential district and complaints relating to noise resulting from their use became an
enforcement issue. Consequently, Staff brought this matter to the Community Development Committee
for consideration. Following discussion, the matter was sent to the City Council who directed Staff to
provide a request to the Planning and Zoning Commission for review and recommendation at a public
hearing. Deputy Administrator Martin stated Staff has prepared for commission consideration Zoning
Ordinance Chapter XII Performance Standards Section C3 text amendment language which would
provide an exception for use of portable generators in the residential district as well as language
amending Chapter 14 Section 14-8 of the Municipal Code which addresses nuisance noise violations.
Chairman Schepler invited questions and/or comments from the Commission.
Commissioner Thacker suggested the exemption language should refer to times of “power outage”
rather than “power loss”. This would address the issue of a residential customer who has had power
turned off due to non-payment not being allowed to use a portable generator; whereas, a residential
Planning and Zoning Commission
January 19, 2012
Page 2
customer who has lost power due to an extended power outage would be permitted to utilize a portable
generator.
Commissioner Nadeau questioned whether the proposed text amendment should include language
providing for specific hours during which portable generators could be utilized and the maximum length
of time they may be used per cycle/occasion. Deputy Administrator Martin responded this would
present enforcement issues. If specific times/lengths of use were outlined, Staff would be required to
witness the proposed violation and observe the duration of the use exceeded ordinance maximums. It
would not be practical to include such limitations.
Commissioner Buhrman inquired if the proposed language is amended (i.e. amending from “power loss”
to “power outage”) would the issue be taken back to City Council for further review. Deputy
Administrator Martin responded the Commission recommendations are always presented to City
Council for final action.
Chairman Schepler noted there was no one in the audience who wished to address the commission on
this matter.
Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-
780, an application for Text Amendment relating to the use of portable house generators in the
residential zoning district as amended to refer to times of “power loss and/or outage” be approved as
presented:
1. Amend Zoning Ordinance Chapter XII Section C3 by adding “Use of generators during periods of
power loss and/or outage on residentially-zoned property only.
be granted.
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Schepler closed the Public Hearing regarding File No. Z-780 at 7:41 p.m.
Public Hearing: Ernest Baggio
File No. Z-781
909 North Front St
Conditional Use Permit
Chairman Schepler called the Public Hearing to order at 7:41 p.m. regarding File No Z-781, an application
submitted by Ernest Baggio regarding his property located at 909 North Front for conditional use permit
to allow the following:
1. Motor vehicle repair shop;
2. Open vehicle sale lot;
3. Outdoor storage
on the subject premises.
Planning and Zoning Commission
January 19, 2012
Page 3
In attendance were Ernest Baggio, Steven Baggio and Phil Baggio, owners and operators of the business
to be located on the subject property. All were sworn in by Chairman Schepler.
Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on
January 4, 2012. Notices were provided to all abutting property owners by certified mail. The subject
property was posted as required by ordinance. Certificate of Publication and affidavit of service
requirement are on file in the City Clerk’s Office.
Steven Baggio stated his family currently owns and operates businesses on the two properties
immediately north of the subject property: B & B Auto at 913 North Front Street; B & B Auto Plus at 917
North Front Street. The businesses have been very successful and as a result the applicants have need of
expanding the area on which they are located. The purchased the former Alexander Lumber property
which is comprised of 2.6 acres and includes three buildings on the premises. The primary building
would be used as a showroom for automobiles and include some retail. The rear of the building
(western portion) would be used for auto repair and maintenance. The intended use of the property
also includes outside storage and an open auto sales lot. Mr. Baggio noted in addition to the mentioned
uses, the expansion of their businesses onto the subject property would provide much-needed parking.
Deputy Administrator Martin provided a staff report of the request before the Commission at this
Hearing. He noted the applicants are seeking a conditional use permit to allow for the repair, sale and
storage of vehicles on the premises. As stated, the applicants intend to use the primary building. At this
time, they have not determined whether the accessory structures will remain or be removed from the
site.
Deputy Administrator Martin noted if the requested conditional use permit is granted, this would be the
third contiguous property improved by the Baggios on locations where there had previously been no
viable businesses.
Deputy Administrator Martin stated there are no provisions in the Zoning Ordinance regulating the
number of recreational vehicles which may be parked on a lot in the commercial district. The Baggios
intend to provide storage of recreational vehicles on the site. Deputy Administrator stated after looking
over the site and the potential use of the property, he believes twenty parking spaces on the site would
be adequate for employees and customers. The site should easily accommodate twenty parking spaces.
Deputy Administrator Martin concluded noted Staff has reviewed the request and supports
recommendation to approve the conditional use as presented subject to the following conditions:
1. Outdoor storage area is limited to the west of the existing building and south of the John Street right-of-way and storage area must
be secured and include some type of security control/device during non-business hours or at least minimal security lighting;
2. Outdoor storage area, pole buildings and general area west and north of the principal building shall not be accessible to the general
public with the exception of parking vehicles for storage;
3. All deliveries should be made using the John Street right-of-way;
4. Outdoor storage of inoperable vehicles as defined in Municipal Code Chapter 27, for more than 60 days, is prohibited;
5. Installation of a 100% opaque, minimum six-foot fence south of the building west to the property line and repair/replacement of
dilapidated fencing to the north shall be required as indicated in the applicant’s narrative;
6. Automobile repair shall generally be limited to inside the building but is strictly prohibited east of the principal building;
7. Outdoor storage of commercial vehicles must comply with zoning ordinance restrictions;
8. Customer parking spaces must be striped, employee parking marked and parking area must be compliant with the lighting
ordinance;
9. Open lot vehicle sales shall generally occur east of building only and vehicles for sale should be contained in the same area, not
impede access or circulation and cannot occupy required customer or employee parking spaces.
Planning and Zoning Commission
January 19, 2012
Page 4
Deputy Administrator Martin noted conditions #4 and #9 have been amended as indicated in italics by
Staff to accommodate concerns of the applicants. Staff is comfortable with the conditions as amended.
Chairman Schepler invited questions and/or comments from the Commission.
In response to an inquiry regarding potential use of the second floor of the building, Steven Baggio
stated it could be used for dry storage and perhaps for a personal office. The public would not be
permitted on the second floor.
Commissioner Buhrman inquired if the applicants approved of the nine conditions as amended. Steven
Baggio responded in the affirmative.
Commissioner Thacker inquired how many vehicles would be encompassed in the sales fleet. Steve
Baggio stated they are not certain at this time. The State of Illinois has guidelines and parameters which
must be followed regarding vehicle sales and open sales lots. In response to additional inquiry, Steve
Baggio noted the open sales are would likely be along the southern and northern property lines of the
subject property (909 North Front Street). The area in front of the building (east side) would be
designated as customer parking. Commissioner Thacker then inquired if the applicants would maintain
the open sales lot on 917 North Front Street, B & B Auto Plus. Steve Baggio responded the open sales
lots would be relocated to 909 North Front Street.
Chairman Schepler noted there was no one in the audience who wished to address the commission on
this matter.
Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to File No. Z-
781, an application for Conditional Use Permit to allow motor vehicle repair, open vehicle sales lot, and
outside storage, as submitted by Ernest Baggio for the property located at 909 North Front Street, be
granted, subject to the following conditions:
1. Outdoor storage area is limited to the west of the existing building and south of the John Street right-of-way and storage area must
be secured and include some type of security control/device during non-business hours or at least minimal security lighting;
2. Outdoor storage area, pole buildings and general area west and north of the principal building shall not be accessible to the general
public with the exception of parking vehicles for storage;
3. All deliveries should be made using the John Street right-of-way;
4. Outdoor storage of inoperable vehicles as defined in Municipal Code Chapter 27, for more than 60 days, is prohibited;
5. Installation of a 100% opaque, minimum six-foot fence south of the building west to the property line and repair/replacement of
dilapidated fencing to the north shall be required as indicated in the applicant’s narrative;
6. Automobile repair shall generally be limited to inside the building but is strictly prohibited east of the principal building;
7. Outdoor storage of commercial vehicles must comply with zoning ordinance restrictions;
8. Customer parking spaces must be striped, employee parking marked and parking area must be compliant with the lighting
ordinance;
9. Open lot vehicle sales shall generally occur east of building only and vehicles for sale should be contained in the same area, not
impede access or circulation and cannot occupy required customer or employee parking spaces.
and that Table 31, the Approval Criteria for Conditional Use Permits, of the Zoning Ordinance, has been
met.
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Planning and Zoning Commission
January 19, 2012
Page 5
Motion carried 7-0.
Chairman Schepler closed the Public Hearing regarding File No. Z-781 at 7:58 p.m.
Staff Report
Deputy Administrator Martin introduced Dorothy Wolf who was present observing this evening’s
meeting. Ms. Wolf will be assuming the duties of Deputy Clerk Kunzer at the Planning and Zoning
Commission meetings when Ms. Kunzer retires at the end of April.
Deputy Administrator Martin updated the Commission on the status of the following:
WalMart Building sale is likely by the end of the month;
Savannah Furniture will be locating in former American Mattress site next to Target;
Cricket Communications will be moving in next to China Town;
Hobby Lobby will have a soft opening next week with a ribbon cutting scheduled for January
30th;
Borders building is undergoing renovations;
Joann Fabrics and Ross Dress for Less should be opening shortly;
No information is available regarding the status of the Sears Store. At this time there appears to
be no change as a result of closings in other states/areas;
Bike Haven has relocated to Pearl Street in the former NAPA building; many improvements have
been made to the structure;
Riverwalk Place has currently leased 23 or 24 of the total 27 residential units.
Adjournment
Motion by Thacker, seconded by Morck, to adjourn the meeting at 8:08 p.m.
Voting Aye: Buhrman, Doherty, Ekstrom, Morck, Nadeau, Schepler, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 8:08 p.m.
Respectfully submitted,
_____________________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry