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HomeMy WebLinkAboutMinutes - 11/07/2002 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION November 7, 2002 The November 7, 2002 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:30 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau, Thacker. Absent: None. Staff in attendance: City Attorney Cahill, Deputy Clerk Kunzer, Planner Douglas Martin. Public Hearing: Rodney Schuh (Captain Rod’s) File No: Z-545 2914 West Route 120 • Chairman Howell at 7:33 p.m. called to order the Public Hearing regarding the Petition filed by Rodney Schuh for a conditional use permit for outside storage and display of boat lifts and piers. Chairman Howell noted all publication and notification requirements had been met. The Public Hearing Notice was published on October 21, 2002. An Affidavit of Service is on file in the Office of the City Clerk. Chairman Howell stated there were no objectors present with regard to the petition. In attendance were the following: • Rodney Schuh, 603 Mineral Springs Drive, McHenry IL 60050 • Property Owner John Oliver, 5018 Brookshire Drive, McHenry IL 60050. Chairman Howell swore in the witnesses for the petitioners. City Planner Martin provided the Commission with an overview of the petition. He noted the subject property was annexed in August 1995 as a part of the East of the River annexation process. It is currently zoned C-5 Highway Commercial District. The property was granted a mixed use as a part of the annexation, permitting commercial in the front and single family residential in the rear building on the lot, as well as a billboard on the premises. The grandfathered uses are classified as legal nonconforming. Planner Martin noted the petitioner has been utilizing the property for the display and outside storage of boat lifts and piers since March 2001. Staff has been attempting to bring the property into conformance with the Zoning Ordinance since that date. Planner Martin included a brief history of the property violations, noting no occupancy permit has yet been issued to Mr. Schuh for the site. As the petitioner utilizes only the outside premises, there is some concern by Staff that the conditional use is not appropriate as there is no primary use associated with it. Additional Staff concerns regarding the petition relate to land use compatibility, aesthetics, safety, parking, close proximity to the roadway, and property access. Planner Martin stated it is also Staff’s contention there is too much of the lot being utilized for storage and display. In conclusion, Planner Martin stated if the conditional use permit is granted, the petitioner should be required to specifically limit the area utilized for outside storage and display, provide screening and landscaping, and generally enhance the appearance of the property. It is Staff’s recommendation the proposed conditional use application does not satisfy Table 31, the Approval Criteria for Conditional Uses, and that the request be denied. Page 2 P&Z Commission 11/4/02 Chairman Howell invited the applicant to make his presentation. Mr. Schuh stated he has rented the property located at 2914 West Route 120 in McHenry for two years. He iterated in March 2000 Director of Community Development Napolitano advised it was permissible to store the boat lifts and piers on the premises provided he began the process to secure a conditional use permit. Mr. Schuh stated to date he has gone through the application process two times. Initially the filed paperwork was apparently lost due to a change of personnel in the Community Development Department. Mr. Schuh then went over the history as outlined in the Staff Report, defending and clarifying the violation issues. Mr. Schuh affirmed he would like the City to grant him a conditional use for outside storage and display of his merchandise. He noted it would be difficult to landscape the lot as the entire parcel has been paved. Mr. Schuh pointed out the business generated approximately $450,000 in revenue in 2002. Mr. Oliver, property owner, stated he would be willing to assist the applicant in reworking the site so that the storage in the “driveway” would be moved to the rear of the commercial building. Chairman Howell opened the floor to questions and/or comments by members of the Commission. In response to Commission inquiry, Planner Martin reiterated no occupancy permit has been issued to Mr. Schuh for his business on the premises. Some discussion occurred regarding the lack of follow through on the part of the applicant to remedy the violation notices and to seek a conditional use permit which would bring the property into conformance. It was suggested communication broke down between the City and the applicant in part due to the transition between City Planners. Some discussion followed regarding the lot coverage and the lack of available parking on the site. In response to an inquiry, Mr. Schuh stated he uses the interior of the building only to store his tools. No business transactions occur within the building. It was suggested the building be utilized for display and assembly of the lifts and piers, thereby freeing a portion of the outside for parking and landscaping. Mr. Schuh responded the building was not high enough to allow for the assembly of equipment. Following discussion regarding the aesthetics of the property, the Commission noted it was their responsibility to ensure improvement of City streetscape when a request is granted for a variance and/or conditional use, particularly when the request involves high visibility from the street. Planner Martin noted outside storage is permitted by the Zoning Ordinance only as an ancillary use to a principal use on a zoned lot. In this instance, there is no business being conducted within the building. All sales and service are conducted off the premises. It was the consensus of the Commission it was the responsibility of the landlord and tenant to ascertain codes and ordinances which must be followed and to find out what must be done in order to bring the property into compliance with the codes. It was suggested the petitioner develop a retail display and sales area within the building in order to provide a principal use of the property. In the event this is not possible, it was the opinion of Page 3 P&Z Commission 11/4/02 the Commission the proposed conditional use for outside storage is not an appropriate land use for this property. It was the consensus of the Commission that more specific information and site plan of the property would be required before a final determination could be made as to the applicant’s request. The Commission noted detailed information should be provided regarding: • Necessary parking; • Specific area devoted to outside storage; • Specific area devoted to outside display; • Detailed landscape plan; • Proposed permanent signage and promotional signage; • Detailed screening plan; • Assembly area. Chairman Howell noting a motion to recess the Hearing would be forthcoming, stated if a Commissioner felt he/she could not support the request for a conditional use, even if the requested information is provided, should vote “nay” on a motion to recess the Hearing. Motion by Franzen, seconded by Cadotte, to recess the Public Hearing regarding File No. Z-545, a petition for a conditional use permit requested by Rodney Schuh (Captain Rod’s), until Thursday, December 5, 2002 at 7:30 p.m.; and that the applicant be directed to provide the following documents to Staff for distribution to the Commission prior to the Hearing: • Detailed plan indicating necessary parking; • Detailed plan indicating specific area devoted to outside storage; • Detailed plan indicating specific area devoted to outside display; • Detailed landscape plan; • Proposed permanent signage and promotional signage; • Detailed screening plan; • Detailed plan indicating specific assembly area. Voting Aye: Buhrman, Cadotte, Franzen, Nadeau. Voting Nay: Ekstrom, Howell, Thacker. Not Voting: None. Abstained: None. Absent: None. Motion carried. 4-3. At 8:38 p.m. Chairman Howell noted the Public Hearing was recessed until December 5, 2002 at 7:30 p.m. Kresswood Trails Phase 2 Final Plat of Subdivision Planner Martin provided an overview of the Kresswood Trails Project presented by Pacini Brothers. He noted Phase 2 of the development is before the Commission for review and recommendation this evening. Phase 2 includes fourteen multi-family buildings comprising sixty units. The proposed final plat represents a mirror image of Phase 1 previously approved by the Commission and McHenry City Council. Planner Martin stated Final Engineering has been Page 4 P&Z Commission 11/4/02 completed. Site development has already been approved. The Preliminary Plat for the entire project was approved by the City in 1998. It is Staff’s recommendation to approve the Final Plat as presented. In attendance for Pacini Brothers was Mr. Gerald Benchawel, Project Manager for the site. Mr. Benchawel stated the Final Plat for Kresswood Trails Phase 1 was approved in 2000. The developer has applied for an IEPA Permit. Mr. Benchawel noted the proposed final plat is a mirror image of the plat approved in 2000 for Phase 1. In response to Commission inquiry, Mr. Benchawel stated Brookwood Drive stub to the west would not be constructed per Staff direction. However, money would be set aside for its potential installation. Mr. Benchawel indicated a two-year buildout of Phase 2 is expected. No difficulties are being experienced as to drainage and parking in Phase 1. In response to an inquiry, there is room for temporary on-street guest parking. The anticipated connection to Cross Trail will occur during the development of Phase 2. Chairman Howell noted there were no comments and/or questions by anyone in the audience. Motion by Franzen, seconded by Buhrman, to recommend to Council that the Final Plat of Subdivision of Kresswood Trails Phase 2 prepared by Vanderstappen Surveying with a revision date of August 27, 2002, be approved subject to providing the City with a Letter of Credit in the amount of $391,250 and that the Plat be recorded within six months of Council approval. Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Other Business Planner Martin noted the following matters pending before the Commission: • November 21st, 1225 North Green Street, Conditional Use for restaurant serving alcoholic beverages. • November 21st, Paul Pease annexation of 1803 North Riverside Drive. • December 5th, 3425 West Pearl, Conditional Use for Irish Pub restaurant. • December 5th , 2914 West Route 120, recessed hearing. • December 19th, Illinois State Bank drive thru • December 19th, Mercy Medical Center Page 5 P&Z Commission 11/4/02 Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 9:07 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: None. Motion carried 7-0. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Secretary Planning and Zoning Commission C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.