HomeMy WebLinkAboutMinutes - 08/15/2013 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
August 15, 2013
Chairman Strach called the August 15, 2013 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, Morck, Nadeau, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Deputy
City Administrator Martin.
Approval of Minutes
Motion by Buhrman, seconded by Nadeau, to approve the minutes of the Planning and Zoning
Commission Meeting as presented:
July 18 special meeting, and
July 25 regularly scheduled meeting.
Voting Aye: Buhrman, Doherty, Morck, Nadeau, Sobotta, Strach and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Public Hearing: City of McHenry
File No. Z-821
Text Amendments to the zoning ordinance regarding temporary refuse containers, temporary storage
units, carports, and displaying vehicles on grass at automobile dealerships
Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-821 an application
for text amendments to the zoning ordinance regarding temporary refuse containers, temporary storage
units, carports, and displaying vehicles on grass at automobile dealerships.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on July 29,
2013. A Certificate of Publication is on file in the City Clerk’s Office.
Displaying Vehicles on Grass at Automobile Dealerships
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating Gary Lang has requested the City consider allowing vehicles to be displayed/parked on grass
(private property). At the July 1, 2013 City Council meeting, City Council recommended the item be
considered by the Planning and Zoning Commission at a public hearing. The City’s zoning ordinance
currently prohibits parking vehicles on grass (unapproved surface) and requires vehicles to be parked on
an approved surface. Staff recommends amendments to the off-street parking and loading
requirements surfacing of parking areas and displaying vehicles on grass at automobile dealerships.
Several years ago Harley Davidson obtained a conditional use permit to allow the outside display of
motorcycles to the north of their existing building on the grass. Other vehicle dealerships are not
permitted to display vehicles on the grass or in city/state right-of-way. It should be noted, however,
several used vehicle dealerships on Elm Street/Route 120 are situated on lots that don’t have a large
grass area which could be utilized for the display of vehicles; however, all of these dealerships are able
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August 15, 2013
Page 2
to display vehicles adjacent to the roadway because the lots are generally paved up to the
property/right-of-way line. Gary Lang Auto Group and Buss Ford are the only vehicle dealerships with
large grass setbacks adjacent to state right-of-way. Deputy City Administrator Martin explained that due
to these large green setback requirements, Buss Ford and Gary Lang maintain they do not have the
same opportunity to display vehicles close to the road right-of-way. Staff believes this does present a
hardship and unfair advantage the older used car dealerships hold over the newly constructed sites. It
is also not uncommon to see vehicles displayed on the grass at automobile dealerships in other
communities. Staff believes allowing the display of vehicles on grass at automobile dealerships would
be acceptable with certain restrictions, and is recommending the following be considered.
Staff believes an equitable way to do this is to allow, for example, one vehicle/100’ of property frontage
to be displayed on the grass with restrictions as-proposed below:
One vehicle/100’ of property frontage may be displayed on grass;
Grass underneath vehicles must be maintained in accordance with City ordinances;
Vehicles cannot create any vision/line-of-sight problems;
Vehicle lights shall remain off and doors and hoods must remain closed;
Vehicles can be displayed on the grass between March 1 and November 1 only;
Vehicles must be evenly spaced across full property frontage and cannot be clumped together;
Vehicles cannot be located in road right-of-way.
If a standard of one vehicle/100’ feet of frontage were utilized Gary Lang would be allowed to display 11
vehicles, and Buss Ford would be allowed to display 7 vehicles along Front Street and 6 vehicles along
Dartmoor Drive. An amendment to the zoning ordinance would be required to effectuate the proposed
change.
Staff is recommending provisions for displaying/parking vehicles on the grass at automobile dealerships
be an exception to the prohibition of parking vehicles on an unapproved surface for businesses with
vehicle sales as their principal use only. However staff is also suggesting the following provision in the
zoning ordinance be clarified to make it clear parking vehicles on the grass in general is prohibited.
Proposed language is in bold and italicized.
“4. SURFACING OF PARKING AREAS
(Other than as provided for in this ordinance parking, displaying, maintaining and/or storing vehicles
on grass is prohibited). All open off-street parking areas and related vehicular access drives and aisles
shall be surfaced with a blacktop, sealcoat, brick, or concrete all-weather pavement. Any expansion or
extension of such areas shall be surfaced with the same materials as the original installation, except that
no expansion of an existing gravel parking area shall be permitted.”
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Buhrman asked what would happen if sidewalks were installed at the Gary Lang site or
other automobile dealerships and how this would impact displaying vehicles on grass. Deputy
Administrator Martin responded vehicles could not protrude over the sidewalks in any manner.
Commissioner Thacker asked if cars were displayed on the grass at Gary Lang’s site wouldn’t this impede
on the setback which was required by the City when the dealership was first constructed. Deputy
Administrator Martin concurred it would. Commissioner Doherty stated the concrete vehicle display
pads at Gary Lang Auto Group look very nice and are very well done. Commissioner Strach indicated the
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August 15, 2013
Page 3
setback at Gary Lang was probably required many years ago to plan for the future road widening of
Illinois Route 31. Commissioner Thacker stated he did not want to allow vehicular ramps on grass.
Commissioner Nadeau expressed concerns regarding safety if people driving along Route 31 were
looking at vehicles displayed on grass and rear-end collisions could occur. Nadeau felt parking vehicles
on the grass was unnecessary and inquired if Gary Lang was the only one who had approached the City
regarding this issue. Deputy Administrator Martin concurred that Gary Lang was the only one who had
approached the City about displaying vehicles on the grass.
Commissioner Thacker asked staff for clarification about their concerns regarding displaying signage on
the vehicles. Martin explained staff was concerned about signs being posted on vehicles on display;
however, at the Community Development Committee meeting Mr. Lang expressed concern about not
being able to display the vehicle make, model and price. Martin agreed with Mr. Lang’s concern and
stated staff does not have an issue with basic signage on the vehicles depicting make, model and price.
Commissioner Buhrman was concerned displaying vehicles on the grass would detract from the look of
the property.
Commissioner Morck was concerned about placing a lot of restrictions on businesses that bring a lot to
the City, including sales tax revenue. Commissioner Strach posed the question to the Commission of
how does this proposal affect the community from a planning and zoning standpoint. Commissioner
Doherty commented on how well maintained Mr. Lang keeps his property, and Commissioner Thacker
stated it is a state-of-the-art facility. He also stated; however, that Gary Lang would be the only one
benefitting from this request.
Chairman Strach 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 Strach closed the
public comment portion of the hearing at 8:01 p.m.
A motion was made by Commissioner Buhrman to deny the proposed text amendments to allow the
display of vehicles on grass at automobile dealerships, as well as the proposed amendments to the
surfacing of parking areas. The motion was seconded by Commissioner Nadeau.
Voting Aye: Buhrman, Nadeau, and Thacker.
Voting Nay: Doherty, Morck, Sobotta, Strach
Not Voting: None.
Abstaining: None.
Absent: None.
Motion failed 3-4.
Subsequent motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to
File No. Z-821, an application for Approval of a text amendment to the zoning ordinance to allow
vehicles to be displayed on the grass at businesses where vehicle sales is the principal use of the
property, in accordance with the following regulations:
DISPLAYING/PARKING OF VEHICLES ON GRASS AT AUTOMOBILE DEALERSHIPS
One vehicle/100’ of property frontage may be displayed on grass;
Grass underneath vehicles must be maintained in accordance with City ordinances;
Vehicles cannot create any vision/line-of-sight problems;
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August 15, 2013
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Vehicle lights shall remain off and doors and hoods must remain closed;
Vehicles can be displayed on the grass between March 1 and November 1;
Vehicles must be evenly spaced across full property frontage and cannot be clumped together;
Vehicles cannot be located in road right-of-way;
Vehicular ramps are prohibited on grass, only vehicles shall be permitted to be displayed on
grass.
as amended, and approval of a text amendment to the zoning ordinance to the provision below
regarding the Surfacing of Parking Areas. Proposed amendment is in bold and italicized.
“4. SURFACING OF PARKING AREAS
(Other than as provided for in this ordinance parking, displaying, maintaining and/or storing vehicles
on grass is prohibited). “All open off-street parking areas and related vehicular access drives and aisles
shall be surfaced with a blacktop, sealcoat, brick, or concrete all-weather pavement. Any expansion or
extension of such areas shall be surfaced with the same materials as the original installation, except that
no expansion of an existing gravel parking area shall be permitted.”
Voting Aye: Buhrman, Doherty, Morck, Sobotta and Strach.
Voting Nay: Nadeau, Thacker.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 5-2.
Deputy City Administrator Martin gave a staff report and further explained the recommendations from
Staff regarding carports, temporary storage units and temporary refuse containers.
Carports, Temporary Storage Units and Temporary Refuse Containers
At the June 11, 2013 Community Development committee meeting, it was recommended the regulation
of carports, temporary storage units and temporary refuse containers be considered by the Planning
and Zoning Commission for consideration.
Carports within the City are permitted as accessory uses and allowed to protrude only into the rear yard.
They are not a prevalent issue in the City. After doing some review and analysis Staff is recommending
carports remain accessory structures. If they are attached to the house they become part of the house
and have to meet the required setbacks for homes in that district. Staff further recommends the
following definition of carport be adopted:
Carport-a covered structure used to offer limited protection to vehicles from the elements. The
structure can either be freestanding or attached to a wall. A carport does not have four walls, usually
one or two. They offer less protection than garages but allow for more ventilation.
Temporary Storage Units
Temporary storage units are containers that come in a many different sizes, 16 feet in length being
common for residential purposes, and are used to store household or business items either on-site or in
a warehouse. Many times, however, these large containers are stored on driveways for long periods of
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August 15, 2013
Page 5
time and can become an eyesore to neighbors. Staff is recommending the following definition for
temporary storage units be adopted:
Temporary Storage Units-all containers, crates, boxes or other similar enclosures utilized for temporary
on-site storage or transportation of goods or materials and are not considered permanent or accessory
structures.
Temporary Refuse Containers
Temporary refuse containers or roll-off dumpsters are also commonly used in residential zoning
districts. These types of dumpsters are delivered and generally range in size from 10 to 40 yards. Staff
is recommending the following definition for temporary refuse containers:
Temporary Refuse Container-a container for storing refuse and waste for a limited time period.
Deputy City Administrator Martin further stated the following regulations for temporary storage units
and refuse containers are being proposed. If these standards are met, Staff is recommending not
requiring a building permit. If all applicable standards cannot be met, Staff is proposing the applicant
obtain a temporary use permit and City Council approval.
A building permit is not required for a temporary storage unit or temporary refuse container, in a
residential zoning district, as long as all applicable criteria established below are met:
1. No more than one temporary storage unit or one temporary refuse container is permitted on
any residential property;
2. Any temporary storage unit and/or temporary refuse container that is not associated with a
building permit can remain on a property for no more than 30 consecutive days. A 30 -day
extension may be granted administratively by the City Administrator or their designee if no
complaints have been received. When requested as part of a building permit, temporary
storage units and temporary refuse containers are permitted for the duration of construction
and shall be removed from the site within 14 days of the end of construction or upon expiration
of the building permit whichever is sooner;
3. Temporary refuse containers can be no larger than 23 feet long, 8 feet in width and 7 feet in
height;
4. Temporary storage units can be no larger than 20 feet long, 8 feet in height and 10 feet in width;
5. Temporary refuse containers must control contents at all times;
6. Temporary storage units and refuse containers must be setback a minimum of 5-feet from all
property lines and at least 6-feet from any building or structure;
7. Temporary storage units and refuse containers must be placed on an approved paved surface
and cannot be placed, kept, maintained and/or stored on grass;
8. Temporary storage units and refuse containers are not permitted on/in public right-of-way and
cannot obstruct sight lines of pedestrians or vehicles; or impact required parking;
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August 15, 2013
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9. Temporary storage units may be used for temporary storage of personal goods and belongings.
Units may not be used for occupancy, sleeping, housing of animals, storage of firearms, storage
of hazardous, toxic or flammable materials or storage of materials which are otherwise unlawful
to possess;
10. Temporary storage units shall be maintained in good condition, free from evidence of
deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other
holes or breaks, at all times;
11. Any temporary storage unit or refuse container not meeting any of these regulations
requires a temporary use permit and City Council approval.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Thacker asked if carports had to located on a paved surface. Deputy City Administrator
Martin clarified that vehicles have to parked on a paved surface if located under a carport.
Commissioner Buhrman inquired if footings are required for the construction of carports. Martin stated
all carports would have to comply with current building codes. Commissioner Nadeau asked if tent-like
carports should be singled-out. He also stated he would like to see a requirement that all storage units
be equipped with some type of locking system.
Commissioner Thacker asked if the round cylindrical bins used for construction waste would be
considered a temporary refuse container. Martin stated they would be considered temporary refuse
containers. Commissioner Thacker stated the proposed amendments should include a provision that
dumpsters must be emptied within 30 days or when they become full, whichever occurs first.
Commissioner Nadeau suggested the time period be reduced from 30 days to 15 days and residents
could request one 15-day extension. Additionally, when the dumpster is filled to capacity it must be
emptied within 5 calendar days. Commissioner Strach stated dumpsters should be considered full when
they are filled in excess of the height of the container.
Chairman Strach opened the floor to questions and comments from the audience. Mr. Todd Marler,
5004 W Bonner Drive, McHenry, was present and sworn in by Chairman Strach. Mr. Marler stated he is
a contractor and had a concern having a temporary dumpster for only 15-30 days was not adequate
time to complete a lot of projects. Deputy Administrator Martin clarified that the proposed
amendments would permit temporary refuse containers to be on-site for the duration of a building
permit.
Chairman Strach closed the public comment portion of the hearing at 8:27 p.m.
Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z-
821, an application for Approval of a text amendment to the zoning ordinance to allow the following
text amendments to the zoning ordinance:
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August 15, 2013
Page 7
Definitions
Carport- a covered structure used to offer limited protection to vehicles from the elements. The
structure can either be freestanding or attached to a wall. A carport does not have four walls, usually
one or two. They offer less protection than garages but allow for more ventilation.
Temporary Storage Units-all containers, crates, boxes or other similar enclosures utilized for temporary
on-site storage or transportation of goods or materials and are not considered permanent or accessory
structures;
Temporary Refuse Container- a container for storing refuse and waste for a limited time period.
Regulations of temporary storage units and refuse containers
A permit is not required for a temporary storage unit or temporary refuse container, in a residential
zoning district, as long as all applicable criteria established below are met:
1. No more than one temporary storage unit or one temporary refuse container is permitted on
any residential property;
2. Any temporary storage unit and/or temporary refuse container that is not associated with a
building permit can remain on a property for no more than 15 consecutive days and one 15-day
extension may be granted administratively by the City Administrator or their designee if no
complaints have been received. When requested as part of a building permit, temporary
storage units and temporary refuse containers are permitted for the duration of construction
and shall be removed from the site within 14 days of the end of construction or upon expiration
of the building permit whichever is sooner;
3. Temporary refuse containers can be no larger than 23 feet long, 8 feet in width and 7 feet in
height;
4. Temporary storage units can be no larger than 20 feet long, 8 feet in height and 10 feet in width;
5. Temporary refuse containers must control contents at all times; and dumpsters, regardless if
they are associated with a building permit, filled in excess of the height of the container, must
be emptied within 5 calendar days;
6. Temporary storage units and refuse containers must be set back a minimum of 5-feet from all
property lines and at least 6-feet from any building or structure;
7. Temporary storage units and refuse containers must be placed on an approved paved surface
and cannot be placed, kept, maintained and/or stored on grass;
8. Temporary storage units and refuse containers are not permitted on/in a public right-of-way
and cannot obstruct sight lines of pedestrians or vehicles, or impact required parking;
9. Temporary storage units may be used for temporary storage of personal goods and belongings.
Units may not be used for occupancy, sleeping, housing of animals, storage of firearms, storage
of hazardous, toxic or flammable materials or storage of materials which are otherwise unlawful
to possess;
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August 15, 2013
Page 8
10. Temporary storage units shall be maintained in good condition, free from evidence of
deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other
holes or breaks, at all times; also temporary storage units must be equipped with a locking
device;
11. Any temporary storage unit or refuse container not meeting any of these applicable
regulations requires a temporary use permit and City Council approval.
with conditions and restrictions, as amended by the City of McHenry, be granted.
Voting Aye: Buhrman, Doherty, Morck, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-821 at 8:30 p.m.
Staff Report
Deputy Administrator Martin stated the next Planning and Zoning Commission meeting is scheduled for
September 19. He stated there are no cases filed to-date but expects there will be a couple filed soon.
Commissioner Nadeau stated he will be out of town for the September 19 meeting.
Adjournment
Motion by Nadeau, seconded by Morck, to adjourn the meeting at 8:33 p.m.
Voting Aye: Buhrman, Doherty, Morck, Nadeau, Sobotta, Strach and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 8:33p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry