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HomeMy WebLinkAboutMinutes - 07/08/2010 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Special Meeting July 8, 2010 Chairman Howell called the July 8, 2010 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, Ekstrom, Howell, Morck, Schepler, and Thacker. Absent: Nadeau. Also in attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, and Deputy City Clerk Kunzer. Approval of Minutes Motion by Ekstrom, seconded by Thacker, to approve the minutes of the Planning and Zoning Commission Meeting as presented: June 17, 2010 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. Public Hearing: City of McHenry File No. Z-755 Text Amendment Chairman Howell reconvened the Public Hearing to order at 7:31 p.m. regarding File No Z-755, an application for Text Amendment relating to definitions and regulations pertaining to recreational vehicle and commercial vehicle parking in the Zoning Ordinance as submitted by the City of McHenry. Chairman Howell stated the Public Hearing was held on June 17, 2010 and continued to this date at the request of the commission. Staff was directed to seek clarification regarding Freedom of Speech issues relating to commercial vehicle signage. Deputy City Administrator Martin noted the Attorney Cahill has provided a memo outlining the legal opinion as it relates to enforcing parking of commercial vehicles in the residential district in light of Freedom of Speech parameters. The memorandum was provided for commissioners’ edification. He noted Staff has not changed its recommendation with regard to the proposed amendments relating to the parking of recreational and commercial vehicles in the residential district. Chairman Howell invited questions and/or comments from the Commission. Buhrman inquired if Chairman Howell had any comments, inasmuch as he expressed many concerns at th the Hearing on June 17. Chairman Howell responded he would not favor easing restrictions regarding the parking of either commercial or recreational vehicles in the residential districts. He noted he would like to see the proposal submitted by the Planning and Zoning Aesthetics Committee be considered by the City. He also Planning and Zoning Commission July 8, 2010 Page 2 noted he concurs with the proposed definitions for both commercial vehicles and recreational vehicles. But he does not concur with easing parking restrictions for these vehicles in the residential district. Chairman Howell stated he would approve an amendment which would be more restrictive. However if the motion includes the current proposal of refined definitions with less restrictions, he will vote against the amendment. Brief discussion occurred regarding whether a motion should be made to include both the proposed amendments for commercial and recreational vehicles. Deputy City Administrator suggested two motions, one for recreational vehicles and another for commercial vehicles, be made in order to provide clarity to Council regarding the matter. Thacker noted in the past the City has encountered difficulties regarding the enforcement of these types of parking violations. He opined there is not enough Staff to properly enforce these regulations. He inquired as to Staff’s posture on enforcement. He inquired if any/all city employees could possibly note violators as they traveled throughout town. If a City employee of any department noted a vehicle being parked on the grass, they should ensure that the violation is acted upon. He stressed this should happen despite the department in which the employee worked. Deputy City Administrator Martin noted violations are handled on a complaint-driven basis. When complaints come into the Construction and Neighborhood Services Department they are logged in, a complaint form generated, and followed up by department personnel. Additionally, if a complaint is received in a particular neighborhood, the area is inspected for other similar violations to ensure equality of enforcement. He noted all complaints are taken seriously. They are followed through and pursued until remedied. Deputy City Administrator Martin noted it is impossible for the department Staff to drive on all the City streets every day. Chairman Howell noted he does not have a problem with Staff not driving over every street every day. However, if a resident complains, the potential violation should be explored. Chairman Howell opined the City should adopt a more restrictive commercial vehicle definition as proposed by Staff. However, he reiterated is could not support easing the parking restrictions of vehicles in the residential district. Chairman Howell noted there was no one in the audience wishing to offer comments or questions regarding this matter. Motion by Buhrman, seconded by Schepler, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to recreational vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments as presented. Voting Aye: Buhrman, Morck, and Schepler. Voting Nay: Ekstrom, Howell, and Thacker. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion failed to carry 3-3. Planning and Zoning Commission July 8, 2010 Page 3 Comments by Commissioners: Ekstrom: stated she has a problem with allowing multiple recreational vehicles, trailers boats, etc to be parked on a lot in the residential district and therefore opposes the proposed amendments. Chairman Howell: stated he has previously made his position clear and voted against the proposed amendments. Motion by Buhrman, seconded by Morck, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to commercial vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments as presented. Voting Aye: Morck Voting Nay: Buhrman, Ekstrom, Howell, Schepler, and Thacker. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion failed to carry 1-5. Comments by Commissioners: Ekstrom: stated she is opposed to allowing the parking of two commercial vehicles on a site overnight. She stated it would be her recommendation that one commercial vehicle be allowed and if necessary two could be allowed if granted by the City. Schepler: concurred with Ekstrom and would prefer one commercial vehicle be permitted. Thacker: also agreed with Ekstrom; there should be no more than one commercial vehicle on a premises overnight. If special circumstances exist, the City could allow a second vehicle. On the recommendation of Attorney Cahill, the Commission discussed proposing a recommendation to allow a maximum of one commercial vehicle on a residential premises overnight. Motion by Ekstrom, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to commercial vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments subject to the recommendation that only one commercial vehicle be allowed on a residential premises overnight. Voting Aye: Buhrman, Ekstrom, Morck, Schepler, and Thacker. Voting Nay: Howell. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 5-1. Comments by Commissioners: Chairman Howell: stated he still opposed the text amendments regulating commercial parking as they were less restrictive than current regulations. He stated he is peeved that the detailed work the commission had done as part of the Aesthetics Committee was never addressed or considered when Planning and Zoning Commission July 8, 2010 Page 4 reviewing proposed text amendments relating to parking issues. He opined commercial vehicles should include any vehicle which has writing, lettering, logos, or markings. He stressed no commercial vehicles should be permitted in RS-3 District, RS-2 District, RS-1A District, RS-1 District or E District unless a variance was sought and granted. Chairman Howell closed the Public Hearing regarding File No. Z-755 at 7:50 p.m. Adjournment Motion by Schepler, seconded by Thacker, to adjourn the meeting at 7:50 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. The meeting was adjourned at 7:50 p.m. Respectfully submitted, _____________________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry