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HomeMy WebLinkAboutMinutes - 09/08/2011 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes September 8, 2011 Chairman Schepler called the September 8, 2011 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: July 7, 2011 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: Best Way Towing File No. Z-773 1319 North Drive Conditional Use Permit Chairman Schepler called the Public Hearing to order at 7:31 p.m. regarding File No Z-773 an application for conditional use permit to allow outside storage on the property located at 1319 North Drive as submitted by Best Way Towing. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on August 24, 2011. 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 Arlie Dye, owner of Best Way Towing, who was sworn in by Chairman Schepler. Mr. Dye provided a summary of the request before the Commission at this Hearing. He stated he is seeking a conditional use permit to allow outside storage of vehicles being towed to his premises. He noted vehicles are typically stored no longer than 10 days prior to final disposition by insurance companies. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated the tenant has moved into the site not knowing that their use required a conditional use permit to allow outside storage on the premises. He noted the site is located in an industrial area which is bordered on the east by residential property. Staff is currently conducting a survey of this industrial area to determine if other conditional use permits may be required following previous changes of occupancy. Planning and Zoning Commission September 7, 2011 Page 2 Deputy Administrator Martin noted the subject property was formerly occupied by Waste Management and had since been cleaned up and meets with IEPA approval. Staff would typically require paving of the outside storage area. In this instance, Staff is recommending approval of the as-is gravel surface provided the site is maintained and kept free of brush, weeds, etc. In order to retain the “clean” site, Staff is recommending that all vehicles who may leak any type of fluids be stored inside the building and not in the outside storage area. Staff would also require that all vehicles being stored outside be stored in an orderly manner. Chairman Schepler invited questions and comments from the Commission. Question was raised if there would be screening installed on the existing chain link fence. Mr. Dye responded he would install screening panels in the fence. Mr. Dye also confirmed in response to an inquiry that vehicles are typically stored outside no longer than 10 days on the premises. Responding to further inquiry, Mr. Dye stated the site would be locked at night. The premises would be illuminated but there would be no overflow of lighting onto neighboring properties. Mr. Dye responded to a question regarding what happens to vehicles that are abandoned by their owners. He noted he makes application for a junk certificate and send the vehicle to a salvage yard. Chairman Schepler inquired if any of the residential neighbors had notified the City and commented on the proposed conditional use permit. Deputy Administrator Martin responded in the negative. Chairman Schepler opened the floor to questions and comments from the audience. There were none. Deputy Administrator Martin noted if the Commission is prepared to make a motion of recommendation regarding this matter, they should be specific as to any conditions being placed upon the conditional use permit. Motion by Thacker, seconded by Nadeau, to recommend to the City Council with regard to File No. Z- 773, an application for conditional use permit to allow outside storage of vehicles associated with a towing business on the property located at 1319 North Drive as requested by applicant Arlie Dye be granted, subject to the following conditions being met: 1. The property shall be cleared of any miscellaneous debris; 2. There shall be no outside storage of anything other than vehicles which are directly tied to the business on the property; 3. The outdoor storage area shall remain inaccessible to the general public and be maintained so that grass/weeds are not growing and vehicles shall be stored in an orderly manner; 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored only inside the building; 5. The chain link fence enclosing the outside storage area shall include horizontal slats for screening; and that Table 31, the Approval Criteria for Conditional Use Permits of the Zoning Ordinance, has been met. Planning and Zoning Commission September 7, 2011 Page 3 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-773 at 7:46 p.m. Public Hearing: City of McHenry File No. Z-772 Text Amendment to allow Backyard Chickens Chairman Schepler called the Public Hearing to order at 7:47 p.m. regarding File No Z-772 an application for a text amendment to allow backyard chickens as requested by the City of McHenry. Chairman Schepler stated Notice of the Public Hearing was published in the Northwest Herald on August 24, 2011. A Certificate of Publication is on file in the City Clerk’s Office. In attendance were the following persons who wished to address the Commission regarding this matter. Each of them was sworn in by Chairman Schepler prior to speaking: 1. Adrian Plante, 1202 S Broadway Street, McHenry IL; 2. Nancy Schietzelt, 4419 Walkup Road, Crystal Lake, IL; 3. Nancy Porstner, 1632 North Riverside Drive, McHenry, IL. Chairman Schepler then provided an overview of this evening’s procedures for the benefit of those in the audience. He noted following presentation of the Staff Report, the public in attendance would be afforded an opportunity to comment or raise questions regarding the proposed text amendment being considered this evening. The Commission would then likewise have an opportunity to comment or raise questions regarding this matter. Finally, there would be a recommendation made to the City Council who will decide if the proposed amendment would be incorporated into the Zoning Ordinance. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He stated Staff had extensively researched the subject of backyard chickens and noted there is a plethora of information available regarding this subject. The Community Development Committee was approached by members of the public to consider allowing backyard chickens in the City. To that end, the Committee has researched and discussed the matter in depth and recommended that the subject be presented to the public for consideration at a public hearing. The Committee’s May 17, 2011 recommendation included the following: 1. A maximum of ten licenses shall be issued during the first year of the program, with a waiting list for any additional requests; 2. Requirements shall include a minimum setback of 10 feet from all property lines; 3. Violation provisions shall be added to the Settlement of Offenses section of the Municipal Code. Deputy Administrator stated if the City ultimately approves backyard chickens, amendments would be required to both the Zoning Ordinance and the Municipal Code. Chick coops and chicken runs would be covered under accessory uses in the Zoning Ordinance. Chicken run regulations would mirror those of Planning and Zoning Commission September 7, 2011 Page 4 dog runs. Chapter 6 of the Municipal Code would also have to be amended as chickens are prohibited by Section 6-2(b). Deputy Administrator Martin noted Staff had received correspondence relating to this matter and will be placed in the file for reference. It is Staff’s recommendation to amend the Zoning Ordinance to permit backyard chickens, chicken coops and chicken runs in the City. Chairman Schepler opened the Public Comment portion of the Public Hearing. Adrian Plante: Mr. Plante stated he first approached the City regarding allowing backyard chickens in August 2010 as he was cited for having hens in his backyard. After he was cited he found a temporary home for the hens and has been awaiting the opportunity to bring them back to his residence. He complimented Staff on their thorough research regarding this matter. He stated his belief that requiring an annual license is good and a maximum of four hens per household is also acceptable. He pointed out he had provided the City with a video demonstration of backyard chickens, their care and maintenance. Nancy Porstner: Ms. Porstner read recent articles in the newspaper regarding backyard chicken discussions at local municipalities. She noted she often thought about raising chickens in order to have organic eggs available. She stated her desire to be considered for one of the ten licenses. She noted Staff did a great job in providing information and enlightenment regarding this matter. She stated she would like to express her support for this issue to move forward. She concluded stating chickens can become family pets. Nancy Schietzelt: Ms. Schietzelt stated she is very encouraged by the way the City is proceeding with this issue. She noted she belongs to the Environmental Defenders who are likewise encouraged the project is moving forward. It is a wise decision to allow backyard chickens, she opined. She noted many communities allow backyard chickens. Permitting backyard chickens will help to reduce the carbon footprint. There was no one else from the audience who wished to address the Commission regarding this matter. Chairman Schepler closed the Public Comment portion of the Public Hearing at 8:10 p.m. Chairman Schepler opened the floor to comments and questions by the Commission. Deputy Administrator Martin was asked how many complaints have been registered in the past 2-3 years regarding backyard chickens in the City. Deputy Administrator Martin responded since 2008 there were five complaints recorded, until recently, when two more complaints were lodged. Responding to further inquiry, Deputy Administrator Martin stated when a complaint is lodged, inspectors treated the matter as with any other complaint. It is investigated for verification, notice of violation is provided, and a remedy (removal of the chickens) is sought. Responding to questions regarding the licensing procedure, Deputy Administrator Martin stated licensing would be handled by the Construction and Neighborhood Services Department, similar to all other permits and City licenses. He noted coops would not be inspected as far as construction is concerned. They would have to be placed within the appropriate lot area, i.e. no closer than ten feet to any property line, etc. The structure itself would be treated similar to dog houses, which also are exempt from construction standards. Planning and Zoning Commission September 7, 2011 Page 5 Some discussion followed regarding possible noise violations due to the chickens. It was pointed out the City’s nuisance ordinance provides for noise violations, however, they are difficult to enforce as the ordinance states the nuisance occurs when dog barking persists for 15 minutes or longer. Question was raised as to how many Homeowners Associations (HOA) would prohibit or be opposed to backyard chickens. Deputy Administrator Martin responded he was unsure how many HOA covenants and restriction would prohibit chickens. He noted not all HOA’s are active. The City does not enforce HOA Covenants and Restrictions, but does afford the HOA the courtesy of advising when building permit applications are received. The Commission noted there are currently code enforcement issues which go unattended and question was raised as to why the City would add another matter which would require strict enforcement and cause additional violations. An inquiry was made as to the results of complaints against a chicken license holder and would complaints affect the annual renewal of the license. Deputy Administrator Martin responded complaints lodged against a resident might not necessarily prevent license renewal. A point was made by a commissioner that raising backyard chickens is not what McHenry is about. Some discussion occurred regarding the notification of neighbors prior to the license being issued. Deputy Administrator Martin stated notification of neighbors does not equate to having the neighbors permission or approval of the backyard chickens. Concern was raised as to coyotes going after the chickens and ultimately other household pets as well. Inquiry was made as to Health Department involvement in the backyard chicken licensing. Deputy Administrator Martin stated the Health Department involvement would extend solely to eggs which would be sold. If the eggs are consumed by the homeowner’s family, the Health Department would not be involved. Additionally, eggs could not be sold as that would become a business being conducted out of a residence which would not be permitted. Responding to an inquiry, Deputy Administrator Martin stated chickens could not be kept in the house or the garage. In response to a question regarding what happens to chickens when they stop producing eggs, it was noted they are sent to processing. Discussion followed regarding the various lot sizes in the City and the appropriate setback of the chicken coop and chicken run from the property lines. Commissioner Thacker expressed his opinion that the ten- foot setback in inadequate, particularly when the chickens are present on a larger City lot. It would seem the setback should be increased in relation to the lot size. Commissioner Buhrman opined other creatures are attracted to chickens unless they are kept clean. He pointed out the City has many regulations on the books but the issue is enforcement. He stated he could see allowing backyard chickens could cause a lot of problems. He opined chickens are not appropriate in an urban area. Commissioner Doherty and Chairman Schepler concurred with Commissioner Buhrman. Chairman Schepler stated that all correspondence received by the City relative to this Public Hearing contained Planning and Zoning Commission September 7, 2011 Page 6 negative comments. He pointed out the commissioners have uncovered a number of potential problems particularly relating to enforcement regarding this matter. Commissioner Thacker stated he has spoken with some residents and most people responded negatively regarding the backyard chickens. Deputy Administrator Martin noted allowing chickens in the community is a very divisive issue. Commissioner Doherty stated he has spoken to more than 100 people on this topic and not one person spoke positively. He opined raiding chickens belongs in the county on rural property. Commissioner Thacker agreed with Commissioner Buhrman noting for quite a few years the commissioners have been discussing ordinance violations and enforcement in the City. In his opinion many ordinance aren’t currently being enforced unless violations are specifically brought to Staff’s attention. He suggested adding backyard chickens to the enforcement mix would be volatile and be a very hot topic. He concluded stating he can appreciate people wanting to raise chickens but in his opinion the ten-foot property line setback is too close and he cannot support it. Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council with regard to File No. Z- 772 a text amendment allowing residential backyard chickens as presented be granted. Voting Aye: Ekstrom, Morck, Nadeau. Voting Nay: Buhrman, Doherty, Schepler, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion failed 3-4. Chairman Schepler closed the Public Hearing regarding File No. Z-772 at 8:41 p.m. Chairman Schepler noted City Council may choose to take this matter up at a future meeting. Other Business Deputy Administrator Martin noted the next meeting is scheduled for Thursday, September 15, 2011. Adjournment Motion by Nadeau, seconded by Thacker, to adjourn the meeting at 8:45 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 8:45 p.m. Respectfully submitted, _____________________________________ Kathleen M. Kunzer, Deputy City Clerk