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HomeMy WebLinkAboutMinutes - 09/20/2012 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Minutes September 20, 2012 Vice Chairman Buhrman called the September 20, 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, Morck, Nadeau, Strach, and Thacker. Absent: Schepler. Also in attendance were: Deputy City Administrator Martin and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Nadeau, seconded by Thacker, to approve the minutes of the Planning and Zoning Commission Meeting as presented: August 16, 2012 regularly scheduled meeting. Voting Aye: Buhrman, Doherty, Morck, Nadeau, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Strach. Absent: Schepler Motion carried 5-0. Public Hearing: Mark Annunziata File No. Z-800 1302 Borden Street Conditional Use Permit Vice Chairman Buhrman called the Public Hearing to order at 7:33 p.m. regarding File No Z-800, an application for a conditional use permit to allow motor vehicle and trailer repair and outdoor storage of trailers and cabs directly-related to the business operation, on the property located at 1302 Borden Street, as submitted by applicant Mark Annunziata. Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on September 12, 2012. 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 Mark Annunziato, 1302 Borden Street, McHenry, who was sworn in by Vice Chairman Buhrman. Mr. Annunziato provided a summary of the request before the Commission at this Hearing stating he is in the process of refinancing for sewer and water and needs to get an EPA test of the property in order to obtain a loan in order to meet the conditions stated. The test should be done within the next month and he will be moving forward more quickly after the tests are done. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter stating the property was used in conjunction with a towing business to store junk vehicles in the mid- 1980’s. The current applicant began operating his trailer and truck repair business a couple of years ago but does not have a certificate of occupancy. The property is not currently serviced by sanitary sewer or water; however, the applicant was required to place a portable toilet on-site, which is currently inside the building, and he would be required to hookup to city water and sewer if the use is approved. Planning and Zoning Commission September 20, 2012 Page 2 Deputy City Administrator Martin further stated that in researching this request staff discovered many older established businesses along North Drive and Borden Street which were operating without occupancy permits or had an occupancy permit but owners since changed and an updated occupancy permit was never obtained. A survey of businesses in the area was done and property owners were notified that if there was a non-conforming use and the use ceases, the property will be required to fully comply with city ordinances. As of this date all properties have been notified and, with the exception of a couple, all of the businesses have current certificate of occupancy permits on file with the city. Deputy City Administrator Martin stated the zoning ordinance requires a conditional use permit in the C- 5 zoning district in order to allow outside storage associated with the motor vehicle and trailer repair. Staff is recommending the outdoor storage is concentrated east of the building and there is no storage of vehicles or trailers other than those being repaired or awaiting repair. The visual impact of the outdoor storage is extremely minimal due to the location of the property off Borden Street, setback from Illinois Route 120 and situated behind Sudsy Wash. Staff is also recommending an opaque fence be constructed directly east of the building in a north-south direction to help screen the outdoor storage from Borden Street. There are property maintenance issues which need to be addressed including removal of debris, trimming/removal of weeds and overgrown vegetation and painting/removing rust from the exterior of the building. Currently the storage area is gravel coupled with grass and weeds, which has existed for many years, and staff does not believe it is necessary to require pavement of the storage area unless it’s expanded in the future. Staff is recommending approval of the request subject to the following conditions: 1. The property shall be cleared of any miscellaneous debris and all overgrown vegetation be trimmed and continually maintained (immediately); 2. The building shall be painted to the extent it’s visually attractive and exterior rust is removed (next 9 months following City Council approval); 3. There shall be no outdoor storage of anything other than vehicles/trailers being repaired on-site and/or awaiting repair and; 4. The property shall connect to city water and sewer (1-2 months following City Council approval); 5. Outdoor storage of leaking vehicles is prohibited; 6. Outdoor storage of inoperable vehicles, as defined by city ordinances, is prohibited; 7. Outdoor storage area is limited to the east of the existing building and storage area must be secured, including some type of security control/device during non-business hours or at least minimal security lighting; 8. All repair work shall be conducted within the building; 9. Outdoor storage area shall not be accessible to the general public; 10. Installation of a minimum 85-100% opaque, minimum six-foot fence shall be required to fully enclose/screen outdoor storage from Borden Street or alternatively smaller sections of fencing shall be constructed along with the use of natural vegetation as specified in the staff report (1-2 months following City Council approval). Vice Chairman Buhrman invited questions and/or comments from the Commission. Discussion was held regarding the color paint that would be used to paint the building. Mr. Annunziata responded he prefers white but he will use whatever color the City directs. Commissioners Doherty and Thacker commented on the honest cleanup effort that has already been done since Mr. Annunziata has Planning and Zoning Commission September 20, 2012 Page 3 been operating at the property for the last three years and that the property is looking considerably better than it has in the past. Vice Chairman Buhrman opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Vice Chairman Buhrman closed the public comment portion of the hearing at 7:40 p.m. Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z- 800, an application for a conditional use permit to allow motor vehicle and trailer repair and outdoor storage of trailers and cabs directly-related to the business operation on the property located at 1302 Borden Street, as presented by applicant Mark Annunziata, subject to the following conditions: 1. The property shall be cleared of any miscellaneous debris and all overgrown vegetation be trimmed and continually maintained (immediately); 2. The building shall be painted to the extent it’s visually attractive and exterior rust is removed (next 9 months following City Council approval); 3. There shall be no outdoor storage of anything other than vehicles/trailers being repaired on-site and/or awaiting repair and; 4. The property shall connect to city water and sewer (1-2 months following City Council approval); 5. Outdoor storage of leaking vehicles is prohibited; 6. Outdoor storage of inoperable vehicles, as defined by city ordinances, is prohibited; 7. Outdoor storage area is limited to the east of the existing building and storage area must be secured, including some type of security control/device during non-business hours or at least minimal security lighting; 8. All repair work shall be conducted within the building; 9. Outdoor storage area shall not be accessible to the general public; 10. Installation of a minimum 85-100% opaque, minimum six-foot fence shall be required to fully enclose/screen outdoor storage from Borden Street or alternatively smaller sections of fencing shall be constructed along with the use of natural vegetation as specified in the staff report (1-2 months following City Council approval). be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Vice Chairman Buhrman closed the Public Hearing regarding File No. Z-800 at 7:42 p.m. Planning and Zoning Commission September 20, 2012 Page 4 Public Hearing: David Snelten (Curt Rehberg) File No. Z-801 4172 Bull Valley Road Conditional Use Permit Vice Chairman Buhrman called the Public Hearing to order at 7:43 p.m. regarding File No Z-801 an application for a conditional use permit to allow the outdoor storage of heavy equipment, trucks and containers in conjunction with a contractor’s office as submitted by applicant David Snelten through his attorney, Curt Rehberg, for the property located at 4172 Bull Valley Road. Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on August 22, 2012. 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 were Attorney Curt Rehberg, 64 E Crystal Lake Ave, Crystal Lake, and David Snelten, 8603 Pyott Rd., Lake in the Hills, who were sworn in by Vice Chairman Buhrman. Attorney Rehberg provided a summary of the request before the Commission at this Hearing stating the applicant has started the process of removing over 3000 tires from property in conjunction with IEPA programs. Conditions of the property are good. David Snelten stated the business is an excavating and trucking business that performs a lot of emergency work for Union Pacific Railroad including snow removal. They maintain approximately 80 machines and 15-20 trucks but they will never all be housed on the property at same time. Most will be stored in the railroad yards and brought back to the property just for repair. Mr. Snelten stated he wants to be a part of McHenry and is definitely going to be cleaning up the property. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter and provided aerial photos of the subject property to the Commission. He stated the applicant is requesting a conditional use to allow outside storage of heavy equipment, trucks and construction supplies in conjunction with the operation of a contractor’s office. In 2002 there was a conditional use permit approved to allow outside storage of vehicles and trailers and a variance for lot width for Cornerstone material Recovery. In September 2008 Cornerstone purchased the property to the west of the subject property at 4564 Bull Valley Road and City Council approved a request to allow the expansion of the existing conditional use permit and approval for a recycling center including outside storage of bin containers and roll-off boxes for a five-year term. Cornerstone Material has vacated the site since that time. Similar to Cornerstone material, the applicant is requesting permission to store construction supplies outside within locked containers. Deputy City Administrator Martin further stated the building is setback over 700 feet from Bull Valley Road. The proposed location of the outdoor storage is far from view of Bull Valley Road and is not likely to visually detract from the surrounding area. Staff is aware there are long-range plans for this general area included in the comprehensive plan, which go beyond the scope of this proposal and there are many development and redevelopment alternatives possible in the future. Staff is not proposing a time limitation associated with the approval of the applicant’s request, however. Economic conditions remain uncertain and staff believes a time constraint would be unfair and the property may remain vacant indefinitely. The applicant has a viable business and if and when the property does redevelop in the future, market forces will dictate whether the applicant remains on the subject property or decides Planning and Zoning Commission September 20, 2012 Page 5 to relocate. Staff believes the area will remain stagnant and an eyesore unless a new business locates on the subject property. Staff is also recommending a condition be included requiring all outside storage of construction materials be kept in bins and/or storage units to prevent mounds of materials from accumulating on-site. In addition, future roadway improvements are planned along Bull Valley Road west of Illinois route 31 at some point in the future, including consolidation of access points and roadway widening, which will alter the dynamics of the area. Staff is recommending approval of the request subject to the following conditions: 1. All construction materials stored outside be kept in bins and/or locked containers; 2. The property shall be cleared of all debris, including any inoperable vehicles, trailers, etc; 3. The property keeps a neat and orderly appearance; 4. A ten-foot wide strip of right-of-way, measured from the existing Bull Valley right-of-way north along the fifteen-foot wide driveway, is conveyed via a Plat of Dedication to the City of McHenry for future roadway improvements (referenced in the Bull Valley Road/River Road/Chapel Hill Road Corridor Study completed by Smith Engineering Consultants with a latest rev ision date of 2/14/07). Vice Chairman Buhrman invited questions and/or comments from the Commission. Discussion ensued regarding the condition of the property. Mr. Snelten replied that most of the junk and tires have already been removed and cleaned up. Question was raised as to how long Mr. Snelten has been in business and where his business was located previously. Mr. Snelten responded he has been in business since 1985 and is located in Lake in the Hills but the airport is expanding and he needs to vacate his current locale. Commissioner Morck inquired if Mr. Snelten will be making sure trucks are not pulling dirt and gravel out of the yard onto the highway. Mr. Snelten replied he will be redoing some of the driveway to be sure proper materials are used and no gravel will be pulled onto the highway. Deputy City Administrator Martin asked if the driveway would be made more presentable closer to the road. Mr. Snelten replied road grinders will be used to level the driveway and cut it down to where it should be. Gravel will not be added without doing it property – it will be done better than the right way. Commissioner Doherty asked where the 10’ easement is located. Deputy City Administrator Martin stated the easement is 10’ north of Bull Valley Road. Vice Chairman Buhrman opened the floor to questions and comments from the audience. The following were sworn in by Vice Chairman Buhrman prior to their addressing the Commission. Ted Johnson, 3931 West Elm Street, McHenry, stated he is a neighboring business owner and there have been many tires disposed of on the property from 1926 to 1960. Mr. Johnson stated he has never figured out where they came from. Most of the junk scrap steel has been hauled away by Bull Valley Auto Body next door. He stated further that Mr. Snelten has done an excellent job of cleaning up the property so far and the area is beautiful and has a park-like feeling. Nancy Turley, Bull Valley Auto Body, 4250 Bull Valley Rd., stated she shares the access road to Mr. Snelten’s property. The tenant who occupied the property previously pulled out trucks all the time and there was never a problem with gravel being pulled into the roadway. She stated she would be happy to have Mr. Snelten as a neighbor. Planning and Zoning Commission September 20, 2012 Page 6 Kevin Olsen, 803 Nancy, McHenry stated he owns one building and one lot south of the property in question. Mr. Olsen stated Cornerstone put the road in and made it very nice but it was not scraped down when maintaining it which caused water drainage issues. Mr. Olsen asked that the driveway is scraped down so it is lower than his driveway so the same issues do not reoccur. Vice Chairman Buhrman closed the public comment portion of the hearing at 8:00 p.m. Motion by Nadeau, seconded by Morck, to recommend to the City Council with regard to File No. Z-801, an application for a conditional use permit to allow the outdoor storage of heavy equipment, trucks and containers in conjunction with a contractor’s office on the property located at 4172 Bull Valley Road as presented by applicant David Snelten and his attorney, Curt Rehberg, subject to the following conditions: 1. All construction materials stored outside be kept in bins and/or locked containers; 2. The property shall be cleared of all debris, including any inoperable vehicles, trailers, etc; 3. The property keeps a neat and orderly appearance; 4. A ten-foot wide strip of right-of-way, measured from the existing Bull Valley right-of-way north along the fifteen-foot wide driveway, is conveyed via a Plat of Dedication to the City of McHenry for future roadway improvements (referenced in the Bull Valley Road/River Road/Chapel Hill Road Corridor Study completed by Smith Engineering Consultants with a latest rev ision date of 2/14/07). be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Vice Chairman Buhrman closed the Public Hearing regarding File No. Z-801 at 8:02 p.m. File No. Z-802 Preliminary and Final Plats of Subdivision Lot 2 of the Resubdivision of The Shops at Fox River In attendance was Tim Reber, of Woolpert, Inc., 208 Tupolo Ave, Naperville, who was acting on behalf of Developers Diversified regarding the resubdivision of Lot 2 of The Shops at Fox River. Deputy City Administrator Martin provided the commission with the Staff report regarding this matter. He noted that Developers Diversified is interested in constructing an additional outlot building and to effectuate that they are proposing the resubdivision of Lot 2 to create three new individual outlots. The preliminary and final plats are being combined due to the relative simplicity of the request. This type of change can be done if it is done in accordance with the Subdivision Control and Development Planning and Zoning Commission September 20, 2012 Page 7 Ordinance. Staff has found the plat to be in substantial conformance with all city ordinances relating to a final plat of subdivision and recommends approval of the preliminary and final plats of The Shops at Fox River Resubdivision of Lot 2, subject to the following conditions:  Compliance with all revisions to the original engineering plans as reviewed by the city engineer;  Plat is recorded within six months of City Council approval by ordinance and;  Any existing covenants for The Shops at Fox River Subdivision be amended to reflect the resubdivision;  A storm water permit, along with a storm water pollution prevention plan, shall be submitted and approved by the city engineer prior to construction. Mr. Reber provided a site plan, building elevation plan, and a site proposal. Mr. Reber stated Developers Diversified is proposing to subdivide 1 lot to 3 lots. The subdivided lots would house Olive Garden, a future restaurant, and a retail store. Storm water retention has been planned and sized for the buildout of the lots. Vice Chairman Buhrman invited questions and comments from the commissioners. Questions were raised regarding the size of the property and the front and rear elevations. Mr. Reber replied the rear elevation faces Route 31 and the third plat designated for a restaurant is an acre and a half – big enough for a restaurant but probably not as big as Olive Garden. Further discussion ensued regarding signage. Deputy City Administrator Martin stated signage would be allowed on the back of the buildings as it is similarly on the outlots by Kohl’s. Signage is encouraged but not required on the rear of buildings for identification purposes. Commissioner Strach inquired if any tenants are planned for the space. Mr. Reber replied they are expecting Buffalo Wild Wings and AT&T Store. Mr. Reber also stated in response to an inquiry that they would like to get a foundation in before winter. Discussion ensued regarding sidewalks and cross- connection access to Olive Garden. Mr. Reber stated Olive Garden leases space from Developers Diversified and Developers Diversified owns approximately 35 acres. It was determined that cross- connection access is included in the plans but interconnecting sidewalks are not necessary because traffic will primarily be vehicle traffic rather than foot traffic. A sidewalk is not necessary on the Route 31 side of the property because of the grade and proximity to the road and utility poles at issue. Also the Route 53 right-of-way is the neighboring property and the State’s approval for a sidewalk would be required in that area. Storm water retention and a retaining wall are already in place and the square footage of both buildings is 8960 sq. ft. Motion by Nadeau, seconded by Strach, to recommend to City Council that the Preliminary Plat of Subdivision and Final Plat of Lot 2 of the Resubdivision of the Shops at Fox River be approved subject to the following conditions as presented:  Compliance with all revisions to the original engineering plans as reviewed by the city engineer;  Plat is recorded within six months of City Council approval by ordinance and;  Any existing covenants for The Shops at Fox River Subdivision be amended to reflect the resubdivision;  A storm water permit, along with a storm water pollution prevention plan, shall be submitted and approved by the city engineer prior to construction. Planning and Zoning Commission September 20, 2012 Page 8 Voting Aye: Buhrman, Doherty, Morck, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. Staff Report The Next meeting is Thursday, October 18. Deputy City Administrator Martin has nothing on the agenda yet, but is meeting with a potential applicant tomorrow. Adjournment Motion by Nadeau, seconded by Doherty, to adjourn the meeting at 8:25p.m. Voting Aye: Buhrman, Doherty, Morck, Nadeau, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Schepler. Motion carried 6-0. The meeting was adjourned at 8:25 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry