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HomeMy WebLinkAboutMinutes - 01/18/2007 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting January 18, 2007 Vice Chairman Buhrman called the January 18, 2007 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the McHenry Municipal Center Council Chambers. In attendance were commissioners Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Absent: Howell. Also in attendance were Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer. Public Hearing – Lighthouse Assembly of God Church File No - Z-694 Use Variance/Conditional Use Permit 2742 Barney Court Vice Chairman Buhrman called to order a Public Hearing at 7:32 p.m. regarding File No. Z-694 a request submitted by Lighthouse Assembly of God Church for a use variance and conditional use permit to allow a religious institution in a business park district. Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest Herald on January 1, 2007. A Publisher’s Certificate of Publication is on file in the City Clerk’s Office. Certified notices were mailed to all abutting property owners of record and the property was posted as required by ordinance. An affidavit of service is on file in the City Clerk’s Office. In attendance representing the applicant was Neil Lindwall, President of Lighthouse Assembly of God Church, who was sworn in by Attorney Cahill. Mr. Lindwall stated the Lighthouse Assembly of God Church is seeking a home base. They would like to rent space in Adams Commercial Centre Business Park to accommodate the needs of their congregation. Planner Zeller provided the Commission with a Staff Report regarding this project. She noted in order for the church to occupy space in the business park, a use variance and conditional use permit are required. The church has submitted all appropriate paperwork, and is in the process of seeking a building permit, should the use variance and conditional use permit be approved. Staff has stated no external modifications to the building or site would be required. All existing lighting, parking and landscaping on the site are adequate for this use. Staff supports the applicant’s requests. Vice Chairman Buhrman invited comment and questions from the commissioners. In response to an inquiry, Mr. Lindwall stated there would be church services/functions on Sundays and perhaps one or two evenings during the week. The evening meetings would be small group bible studies. Responding to a question, Mr. Lindwall stated there are currently approximately 30 who attend Sunday morning services. It is hoped the congregation will grow. Mr. Lindwall noted as this would be the only use occurring on Sunday mornings, parking would be more than adequate. Parking designated for other tenants in the building could be utilized. Mr. Lindwall stated evening meetings would begin at 7 p.m. which would also ensure adequate parking on the premises. Planning and Zoning Commission January 18, 2007 Page 2 Mr. Lindwall noted the congregation will meet at this location until it grows to the point where it can support the construction and operation of its own free-standing building. In response to a question regarding signage, Mr. Lindwall stated the church would utilize lettering on the windows, and realizes wall signs are not allowed. It was noted by the Commission building permits and sign permits would have to be sought from the Community Development Department once Council approved the use variance and conditional use permit. In response to Vice Chairman Buhrman’s inquiry, there were no comments or questions from the audience. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-694, a request for a conditional use permit to allow the operation of a religious facility at 2742 Barney Court in the Adams Commercial Centre Business Park, be granted, and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-357 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-694, a request for a use variance to allow the operation of a religious facility at 2742 Barney Court in the Adams Commercial Centre Business Park, be granted, and that Table 32A, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. Vice Chairman Buhrman closed the Public Comment at 7:43 p.m. Vice Chairman Buhrman called for a brief recess at 7:43 p.m. The meeting was reconvened at 7:49 with all still in attendance. Approval of Minutes Motion by Ekstrom, seconded by Schepler, to approve the minutes of the November 16, 2006 regularly scheduled Planning and Zoning Commission meeting as presented. Planning and Zoning Commission January 18, 2007 Page 3 Voting Aye: Buhrman, Cadotte, Ekstrom Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried 6-0. Public Hearing –City of McHenry File No. - Z-695 Text Amendment Vice Chairman Buhrman at 7:50 p.m. convened a Public Hearing regarding File No. Z-695 a request for text amendment relating to development and plat application fees and retained personnel fund deposits described in the Municipal Code, Zoning Ordinance and Subdivision Control and Development Ordinance. Planner Zeller provided the Commission with a Staff Report regarding this matter. She noted the Community Development Committee has been reviewing the existing fee structures for applications and retained personnel deposits relative to zoning issues, developments, annexations, and subdivision platting. The Committee has recommended the following changes to the existing fee structures found in the Municipal Code, Zoning Ordinance and Subdivision Control and Development Ordinance: Planner Zeller noted a sampling of recent projects was taken. A summary of paid fees, billed fees, and fees which would have been assessed under new structure indicates the following: Request Current Application Fee/RP Fee NEW App Fee/RP Fee Minor Variance $175/$250 $175/$250 Rezoning/CUP/ Variance $460/$500 [$960] $450/$500 [$950] If multiple zoning requests are made, i.e. rezoning and CUP, then the RP Fee shall be doubled to $1,000 [$1,450] Preliminary Plat $250/ <1 acre= $500 1-5 acres=$400/acre 5-10 acres=$300/acre 10+ acres = $200/acre $450/ 0-4 acres= $900/acre 5-9 acres= $700/acre 10+ acres=$500/acre Final Plat $250/<1 acre=$500 1-5 acres=$400/acre 5-10 acres=$300/acre 10+ acres = $200/acre PLUS $10/acre application fee PLUS $3,000/cul-de-sac maintenance fee $450/0-4 acres=$900/acre 5-9 acres=$700/acre 10+ acres=$500/acre PLUS $10/acre application fee PLUS $3,000/cul-de-sac maintenance fee Developments (site plan). This may also be in conjunction with a zoning request $0/< 1 acre=$500 1-5 acres=$400/acre 5-10 acres=$300/acre 10+ acres=$200/acre $450/0-4 acres=$900/acre 5-9 acres=$700/acre 10+ acres=$500/acre Variation from SCDO $0/$0 $450/$500 [$950] Planning and Zoning Commission January 18, 2007 Page 4 Project Name Project Type Initial Fees Required New Fee Required Billed Account as of 10/6/06 Liberty Trails Subdivision $12,900 $50,000 ($100/acre) $80,000 Shamrock/Legend Lakes Subdivision $120,000 $300,000 ($600/acre) $297,000 Shops at the Fox River Development $8,000 $18,450 (36 acres) $133,000 Oakridge Commercial Development/Zoning $960 $3,160 (4.5 acres) $3,562 Pappas Zoning $960 $1,450 (2 apps) $1,734 Goy Zoning $960 $950 $1,000 Planner Zeller concluded the amended fee structure would provide developers with a more realistic idea of the expenditures required to complete their development while reducing the amount of monthly billings required to replenish depleted retained personnel accounts. Vice Chairman Buhrman invited questions and comments from the Commission. A brief discussion followed regarding the cul-de-sac maintenance fee. Planner Zeller noted the maintenance fee was incorporated into the Subdivision Control and Development Ordinance when it was recently revised. Planner Zeller, responding to an inquiry, noted she is unaware if the maintenance fee is currently being collected. It was the consensus of the Commission this fee should be collected as it is required by ordinance. Responding to an inquiry, Planner Zeller stated residential homeowners who seek minor variances would continue to pay a reduced application fee ($175) as in the past. There were no comments or questions from the audience. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No Z-695, that text amendments be granted to the Municipal Code, Zoning Ordinance, and Subdivision Control and Development Ordinance increasing application fees, plat fees and retained personnel account deposits as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. The Public Hearing was closed at 8:08 p.m. Other Business Responding to an inquiry, Planner Zeller stated Mr. James Marinangel has not yet submitted a parkway tree plan for Staff approval. Coming in the near future Agenda: Final Plat Townhomes of Prairie Lakes Private lot on Riverside Drive Gizmo Property use variance. Planning and Zoning Commission January 18, 2007 Page 5 Brief discussion followed regarding the potential build-out of DDR’s Shops at the Fox River. It was also noted Municipal Drive expansion will be completed sometime in the spring of 2007. Adjournment Motion by Ekstrom, seconded by Thacker, to adjourn the meeting at 8:20 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. The meeting was adjourned at 8:20 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary