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HomeMy WebLinkAboutMinutes - 01/22/2009 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting January 22, 2009 Chairman Howell called the January 22, 2009 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:330 p.m. In Attendance were the following: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: None. Also in attendance were: Attorney Cahill, Planner Kolner, Deputy Clerk Kunzer. Approval of Minutes Motion by Schepler, seconded by Cadotte, to approve the minutes of the Planning and Zoning Commission as presented: November 6, 2008 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Public Hearing: Ernie Baggio File No. Z-737 917 N Front Street Conditional Use Permits and Variances Chairman Howell called the Public Hearing to order at 7:35 p.m. regarding File No. Z-737, an application for the following zoning relief for the property located at 917 North Front Street as submitted by Applicant Ernie Baggio: ▪ conditional use permit to allow the use of an automobile service/repair facility; ▪ conditional use permit to allow an open sales lot; ▪ variance to reduce the rear yard setback from 15 feet to 8 feet; ▪ variance to reduce the side yard setback from 10 feet to 2 feet; ▪ variance from the 10 foot parking screening strip and 30% foundation base landscaping requirements; ▪ variance from the lighting requirements to be able to maintain the existing lighting on the site. In attendance representing the applicant was Dan Tonyan of William Tonyan and Sons, who was sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on January 6, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Planning and Zoning Commission January 22, 2009 Page 2 Mr. Tonyan stated Mr. Baggio purchased the property adjacent to his business, B & B Automotive, located at 913 North Front Street. Mr. Baggio intends to expand his automotive repair business by taking down the existing structure at 917 North Front Street and building a new facility having a similar footprint as the existing structure. In order to accomplish this, conditional use permit and variances are required, which is the purpose for this public hearing. Planner Kolner provided the commissioners with the Staff Report regarding the request. She stated the applicant requires two conditional use permits: 1) for the ability to have an automobile service/repair facility which might include outside storage of vehicles requiring repair from time to time on the site; and 2) for the ability to maintain an open sales lot. The open sales lot would have a maximum of seven vehicles displayed at any one time. The vehicles stored outside awaiting repair would be contained within the existing fenced-in area on the existing business site. Planner Kolner stated the applicant is also seeking variances as to setback to allow the new building to be constructed in the same footprint as the existing building. The applicant meets the parking requirements. There would be no change in the impervious surface; consequently Staff is not requiring the applicant to comply with new development drainage requirements. Additionally, due to the property already being covered with blacktop, the applicant would not be able to comply with landscaping requirements as far as foundation base and parking screening strips. The applicant would like to retain the existing pole light for the open sales lot lighting and intends to add building façade lighting for security purposes. Planner Kolner noted Staff has reviewed the application and supports the requests as submitted. Chairman Howell invited questions and comments from the Commission. Responding to an inquiry that the existing building would be demolished, Mr. Tonyan responded that is correct. Additionally, he noted the site would be filled in so that it would be level with the applicant’s business on 913 North Front Street. A retaining wall would be erected, to prevent runoff to the adjacent property to the north. In response to a question, Mr. Tonyan stated the expansion would be used to increase the number of service bays and to provide an open sales lot for Mr. Baggio. Noting there would be hazardous waste which would need to be properly removed from the site, commissioners inquired if the applicant had made provisions for this. Mr. Tonyan responded the applicant currently has this service for his existing business and would likely utilize the same service provider for the business expansion. EPA guidelines would be followed. Inquiring as to whether there are existing drainage issues with the subject property, Planner Kolner responded there are none that have been brought to Staff’s attention. She opined the leveling of the lot should actually reduce the puddling on the site. Suggestion was made that the applicant provide seasonal planters on the site to alleviate the appearance of preponderance of concrete and asphalt. Mr. Tonyan responded the applicant has Planning and Zoning Commission January 22, 2009 Page 3 utilized similar measures to provide landscape softening at his current business location and would likely be amenable to providing the same for the expansion. Some questions were raised regarding the security lighting of the open sales lot. Mr. Tonyan responded in addition to the existing pole light the applicant would install lighting on the building façade. Chairman Howell stated the applicant has upgraded a blighted building to house his existing business. Mr. Baggio’s business has been a great addition to the community. He opined Mr. Baggio will likely continue this trend with his business expansion. Chairman Howell invited questions and/or comments from members of the audience. The following person was sworn in by Chairman Howell prior to making her statement before the Commission: Ms. Fran Flach, 919 North Front Street: Ms. Flach stated she resides adjacent to the subject property. She expressed concern if the property is raised and leveled, she might get additional flooding because her property is so low. She noted she already gets water in her basement every time there is a significant rain event. Ms. Flach stated she has no problems regarding the commercial business on the site. Her concerns are solely regarding drainage issues. Mr. Tonyan responded a retaining wall would be constructed which should help the current situation and reduce drainage onto Ms. Flach’s property. Planner Kolner noted the site plan indicates the surface water would be directed away from Ms. Flach’s property. In response to Commission inquiry, Ms. Flach stated she has contacted the City on numerous occasions regarding her flooding problems during heavy rain. She noted a drainage collector west of her home is constantly filled with debris and scrap material from the lumber yard. The blocked manhole causes water drainage to back up onto her property, flooding her basement. Planner Kolner stated she would provide Ms. Flach with City contacts to address this manhole blockage. Chairman Howell at 7:55 p.m. closed the public comment portion of the public hearing. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, with regard to File No. Z-737, a request for zoning relief as proposed by Ernie Baggio for his property located at 917 North Front Street, as follows be granted: ▪ conditional use permit to allow the use of an automobile service/repair facility; ▪ conditional use permit to allow an open sales lot; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has been met. Planning and Zoning Commission January 22, 2009 Page 4 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Absent: None. Abstaining: None. Motion carried 7-0. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, with regard to File No. Z-737, a request for zoning relief as proposed by Ernie Baggio for his property located at 917 North Front Street, as follows be granted: ▪ variance to reduce the rear yard setback from 15 feet to 8 feet; ▪ variance to reduce the side yard setback from 10 feet to 2 feet; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Absent: None. Abstaining: None. Motion carried 7-0. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, with regard to File No. Z-737, a request for zoning relief as proposed by Ernie Baggio for his property located at 917 North Front Street, as follows be granted: ▪ variance from the 10 foot parking screening strip and 30% foundation base landscaping requirements; ▪ variance from the lighting requirements to be able to maintain the existing lighting on the site. and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Absent: None. Abstaining: None. Motion carried 7-0. Comments by Commission: Commissioner Ekstrom: Would prefer that the applicant install new down lighting instead of utilizing existing pole lighting in order to diminish parking illumination overflow, as required by the City’s Lighting Ordinance. Additionally, Ms. Ekstrom stated she would encourage down lighting on the building for the same reason. Chairman Howell closed the Public Hearing at 7:58 p.m. Planning and Zoning Commission January 22, 2009 Page 5 Public Hearing: City of McHenry File No. Z-735 Text Amendment Chairman Howell at 7:59 p.m. called to order the Public Hearing regarding File No. Z-735, an application for following Zoning Text Amendments as submitted by the City of McHenry: 1) Replace all references to “Planned Unit Development” (PUD) in the ordinance with “Integrated Design District” (IDD); 2) Replace all references to “Community Development Department” (CDD) and “Director of Community Development” (DCD) to “Zoning Administrator”; 3) Amend Accessory Structure bulk area requirements; 4) Add provisions for Neon Signs; 5) Remove provisions for “Moving Signs” from the Zoning Ordinance. Notice of the Public Hearing was published in the Northwest Herald on December 30, 2008. The Certificate of Publication is on file in the City Clerk’s Office. Planner Kolner provided the Commission with a summary of the Staff Report regarding the request. She provided the commissioners with background information relative to each of the proposed text amendments: 1) General Zoning Ordinance Language Clean-Up: Replace all references to PUD with IDD and all references to ZBA to PZC Planner Kolner noted in 2005 Chapter XI of the Zoning Ordinance was amended in its entirety. The PUD Chapter was replaced with the IDD Chapter. Recently Staff noted there remain several references to PUD elsewhere in the Zoning Ordinance (outside of Chapter XI). In addition, any reference to the Zoning Board of Appeals is replaced with the Planning and Zoning Commission. Corrections would be made if this text amendment is approved. 2) Replace all references to CDD and DCD with Zoning Administrator Planner Kolner stated the City has reorganized the Building and Zoning Department several times during the past several years. To that end, each time the Department has been restructure/renamed, all references to the Department in the Zoning Ordinance require modification in order to remain accurate and current. Staff is proposing that all references to the Department be replaced with Zoning Administrator to alleviate any need to modify the language for that reason in the future. 3) Accessory Structure Bulk Area Requirements Planner Kolner stated the Community Development Committee recently reviewed the bulk area requirements for accessory structures. The Committee has recommended modifications which would allow larger structures on larger lots and smaller structures on smaller lots. Relative setback requirements would also be implemented. 4) Neon Signs Planner Kolner reported the Community Development Committee has recommended that building permits should be required for all neon signs which were previously exempt from the Planning and Zoning Commission January 22, 2009 Page 6 permit requirement. Additionally, the neon signs would be required to comply with the following restrictions: a) Neon signs may not cover more than 50% of any window pane; b) Total area of all neon signs for a business shall not exceed 25% of the linear frontage of the building or business space; c) Only one neon sign is permitted per window pane d) Neon signs may not be used to outline windows and doors, accentuate or trim architectural features, or outline borders of signs or buildings. 5) Moving Signs Planner Kolner stated the Community Development Committee, following a lengthy discussion at its October meeting, decided to continue to prohibit “gorilla advertising”. City Attorney McArdle has drafted an ordinance which would remove references to moving signs from the Zoning Ordinance. The ordinance also amends the Municipal Code by including “moving signs” as an advertising nuisance in Chapter 3. Chairman Howell invited questions and comments from the commissioners. Chairman Howell inquired if there were any concerns expressed by the Community Development Committee regarding potential violation of Constitutional First Amendment rights with regard to eliminating moving signs for the Zoning Ordinance. Planner Kolner responded the Committee was concerned with safety issues regarding costumed persons distracting drivers. Responding to an inquiry regarding the recent flurry of sandwich board signs and persons carrying signs advertising the Circuit City Going Out of Business Sale, Attorney Cahill stated when a business is going through a bankruptcy, they are required to follow local sign ordinances. Bankruptcy trumps the local sign ordinance. In response to Chairman Howell’s inquiry regarding a person holding a political sign, Attorney Cahill noted political speech is granted greater leniency than commercial speech. Question was raised as to when establishments with existing non-conforming neon signs would have to comply with the sign ordinance. Planner Kolner responded all non-conforming signs would have to be brought into compliance by 2013 or else pay an annual non-compliance fee. An inquiry was raised with regard to neon being utilized in a company logo. Planner Kolner responded the applicant could seek a variance from Council. Some discussion followed regarding the large amount of signs which appear in the public right- of-way on weekends. Planner Kolner noted Staff go out periodically to remove signs on weekends. Noting the moving sign nuisance was being moved to the Municipal Code, it could be enforced by the Police Department. In response to a question, Planner Kolner stated temporary banners would still follow the typical procedure for securing a sign permit. Planning and Zoning Commission January 22, 2009 Page 7 In response to Chairman Howell’s inquiry, there were no questions or comments from the audience. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z-735, a request for Text Amendments to the Zoning Ordinance relating to language clean- up regarding the terms “Integrated Design District”, “Zoning Administrator” and “Planning and Zoning Commission”, be granted as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z-735, a request for Text Amendments to the Zoning Ordinance relating to bulk area requirements for accessory structures, be granted as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z-735, a request for Text Amendments to the Zoning Ordinance relating to Neon Signs, be granted as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Comments by Commission: Chairman Howell stated that he believes neon signs are not that offensive. He would only support the amendment because businesses would still have the opportunity to seek a variance from Council which might be appropriate in certain situations. Planning and Zoning Commission January 22, 2009 Page 8 Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z-735, a request for Text Amendments to the Zoning Ordinance relating to moving signs, be granted as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: Howell. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Comments by Commission: Chairman Howell stated he understands the difference between commercial speech and political speech. However, he is not convinced the City should restrict this type of sign or behavior. He further stated he is not confident this type of regulation could even be effective. Liberty Tax feels the costumed person generates income for them. He noted drivers could be distracted by many different things, but it is not appropriate to restrict a person’s rights to that extent. Chairman Howell closed the Public Hearing regarding this matter at 8:15 p.m. Other Business Planner Kolner stated there would be Commission meetings on February 5, 2009 and February 19, 2009. She noted Olive Garden is open for business on Monday, January 26, 2009. Some discussion followed regarding the future expansion of the Gary Lang site. It was also noted the Mitchell-Potts location is in need of redevelopment. Adjournment Motion by Nadeau, seconded by Cadotte, to adjourn the meeting at 8:28 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. The meeting was adjourned at 8:28 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry