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HomeMy WebLinkAboutMinutes - 11/20/2003 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION November 20, 2003 The November 20, 2003 meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Franzen. Also in attendance: City Attorney Cahill, Planner Martin, Deputy Clerk Kunzer. Approval of Minutes Motion by Buhrman, seconded by Cadotte, to approve the minutes of the regularly scheduled November 6, 2003 meeting of the Planning and Zoning Commission as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None: Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Public Hearing: Concept Investments File No. Z-601 Northgate West Subdivision Chairman Howell at 7:32 p.m. called to order the Public Hearing regarding File No. Z-601, an application for conditional use to allow the construction and operation of two drive-through facilities in Northgate West Subdivision as submitted by Concept Investments.. City Planner Martin stated Staff had concerns regarding the proposed traffic circulation patter on the plan submitted by the applicant. Following a meeting with the applicant this week the applicant has requested a continuance to Thursday, December 11, 2003 at which time a revised plan would be reviewed and considered by the Commission. Motion by Cadotte, seconded by Nadeau, to recess the Public Hearing regarding File No. Z-601 an application for conditional use to allow two drive-though facilities in Northgate West Subdivision as submitted by Concept Investments, until Thursday, December 11, 2003 at 7:30 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. The Public Hearing was recessed at 7:35 p.m. P&Z Commission November 20, 2003 Page 2 Public Hearing: City of McHenry File No. Z-602 Text Amendments Chairman Howell at 7:36 p.m. called to order the Public Hearing regarding File No. Z-602, an application for various text amendments to the City of McHenry Zoning Ordinance. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on November 4, 2003. A Certificate of Publication is on file in the office of the City Clerk. Planner Martin stated Council’s Community Development Committee met on July 15, 2003 and recommended that several matters be referred to the Planning and Zoning Commission for consideration and review. The proposed amendments to the Zoning Ordinance have been prepared for Commission consideration and recommendation to Council. For ease of clarification, the amendments have been divided into six separate categories as follows: • Proposed additions to definitions • Proposed additional diagrams/illustrations • Proposed miscellaneous additions/amendments to the zoning text • Proposed clarifications to zoning text • Proposed deletions to zoning text • Proposed regulations prohibiting financial institutions in C5 District. It was Council’s request that the Zoning Ordinance be more user friendly and that clarification be made regarding ambiguous areas of the Ordinance. Planner Martin suggested the Commission consider and take action on each of the six categories individually. He then went on to further clarify the proposed additions to the definitions contained in the Zoning Ordinance. He explained the purpose of the definitions is to provide information, not to regulate through this section of the ordinance. Planner Martin stated the following terms are being suggested for inclusion in the definitions of the Zoning Ordinance: a) Assisted/Independent Living b) Bed and Breakfast Establishment c) Buildable Area d) Cluster Development including a diagram/illustration e) Conservation Easement Area f) Development g) Façade h) Findings of Fact i) Flag Lot j) Impervious Surface including a diagram/illustration k) Light Industrial l) Marina m) Subdivision n) Zero Lot Line. In addition, Planner Martin stated Staff is suggesting the inclusion of three diagrams/illustrations: P&Z Commission November 20, 2003 Page 3 a) Buffer/Screening Illustration b) Building Area/Yard Illustration c) Floodplain, Flood Fringe, Floodway Illustration. He noted the illustrations would assist in explaining to developers what the City is seeking with regard to these specific terms (Buffer, Building Area, Cluster Development, etc.). It was the suggestion of the Commission the term “permeable surface” be included in the definitions of the Ordinance. Motion by Nadeau, seconded by Cadotte, to recommend to Council that the following be added to the City of McHenry Zoning Ordinance: Definitions: a) Assisted/Independent Living b) Bed and Breakfast Establishment c) Buildable Area d) Cluster Development including a diagram/illustration e) Conservation Easement Area f) Development g) Façade h) Findings of Fact i) Flag Lot j) Impervious Surface including a diagram/illustration k) Light Industrial l) Marina m) Permeable Surface n) Subdivision o) Zero Lot Line Diagrams/Illustrations: a) Buffer/Screening Illustration b) Building Area/Yard Illustration c) Floodplain, Flood Fringe, Floodway Illustration. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Planner Martin stated miscellaneous additions and clarifications are also being proposed, once again, to assist in making the Zoning Ordinance more user friendly. He provided a brief overview of the following items and explained the reason for the change: Proposed Additions: P&Z Commission November 20, 2003 Page 4 a) Add driveway section to Zoning Ordinance and remove it from the text of the Municipal Code for ease of administration and enforcement. It would be included in the Parking and Loading Section of the Zoning Ordinance. b) Add text to Administration Section of the Zoning Ordinance to clarify Public Hearing Process and Procedures. Staff is also suggesting the inclusion of provisions to have a Hearing Officer, and the amendment would include the process and procedures should a Hearing Officer conduct the Public Hearing. Proposed Clarifications: a) Delete the Use Table found in the Appendix of the Ordinance as the uses contained are not always consistent with the uses listed within the text of the Ordinance. b) Clarify language contained in Business Park Regulations to provide a list of permitted uses within the District. c) Clarify and better delineate the regulations governing recreational and commercial vehicles in the residential district. This would also include the consideration of a revised definition for these vehicles which would be similar to that found in the Illinois Vehicle Code. d) Include the word “required” in all references to yards contained in the List of Terms and Definitions. Some discussion occurred regarding Item #C of the Proposed Clarifications. The Commissioners, noting their extensive review and consideration of vehicle management in the residential district, expressed their displeasure regarding the Illinois Vehicle Code definition: Commercial Vehicle: A vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, FOR-HIRE or NOT-FOR- HIRE, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially. Planner Martin the City’s current definition for a Commercial Vehicle is more explicit than the Illinois Vehicle Code definition: Commercial Vehicle: A motorized vehicle other than a passenger car, passenger van, or recreational vehicle used by a household for non-commercial personal or family transportation, for recreation, or for van pooling or ride-sharing use. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semi-trailers, motorized farm vehicles and earth-moving equipment. Chairman Howell reminded the Commissioners of their intent to include in the Commercial Vehicle definition “any vehicle that has a sign on it larger than a bumper sticker”. Discussion continued. Chairman Howell noted the previously approved commercial vehicle definition was more restrictive than the one being proposed for inclusion in the text amendments. The Commissioners expressed their continued belief that any commercial vehicle found in the residential district should be garaged and not permitted to be parked in the driveway. Additionally, the Commission restated their opinion that recreational vehicles should not be P&Z Commission November 20, 2003 Page 5 permitted to be parked outside in the residential district from October through April. It was noted this would include boats and boat trailers, camping trailers, snowmobiles, and all other recreational-type vehicles. This issue was not addressed in the proposed text amendments. Motion by Nadeau, seconded by Cadotte, to table further discussion and action regarding the following additions and clarifications to the Zoning Ordinance, until Thursday, December 11, 2003; and that the definitions and regulations concerning commercial and recreational vehicles be reconsidered and further clarified at that time: Proposed Additions: a) Add driveway section to Zoning Ordinance and remove it from the text of the Municipal Code. b) Add text to Administration Section of the Zoning Ordinance to clarify Public Hearing Process and Procedures and include provisions to have a Hearing Officer, if necessary. Proposed Clarifications: a) Delete the Use Table found in the Ordinance Appendix. b) Clarify language contained in Business Park Regulations to provide a list of permitted uses within the District. c) Clarify and better delineate the regulations governing recreational and commercial vehicles in the residential district. This would also include the consideration of a revised definition for these vehicles which would be similar to that found in the Illinois Vehicle Code. d) Include the word “required” in all references to yards contained in the List of Terms and Definitions. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Planner Martin stated the next matter for consideration includes the following: Proposed Deletions: a) Delete requirement for conditional use permit to allow serving alcoholic beverages in conjunction with a restaurant use.. This is currently being regulated by Council action and a conditional use is therefore unnecessary. b) Delete requirement for conditional use permit to allow above-ground fuel storage tank as this is currently governed by the State Fire Marshall. The Ordinance currently allows this use only on the Industrial District, which is appropriate. c) Delete the requirement for a conditional use permit to allow minimum lot area/dwelling unit in the RM-2 District. d) Delete trailer parks, wrecking yards, and bottled gas from list use in C5 Highway Commercial District. P&Z Commission November 20, 2003 Page 6 e) Delete reference to Handicapped Parking provisions as this matter is regulated by Illinois Accessibility Code. f) Delete Conservancy Overlay District as it has never been used. g) Delete “Yard” from definitions and existing Yard Diagrams. Motion by Nadeau, seconded by Buhrman, to recommend to Council the following Deletions from the Zoning Ordinance: a) Delete requirement for conditional use permit to allow serving alcoholic beverages in conjunction with a restaurant use. b) Delete requirement for conditional use permit to allow above-ground fuel storage tank. c) Delete the requirement for a conditional use permit to allow minimum lot area/dwelling unit in the RM-2 District. d) Delete trailer parks, wrecking yards, and bottled gas from list use in C5 Highway Commercial District. e) Delete reference to Handicapped Parking provisions. f) Delete Conservancy Overlay District. g) Delete “Yard” from definitions and existing Yard Diagrams. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Planner Martin stated the Council has expressed concern regarding the number of financial institutions establishing a business in the City. Council has noted banks produce no sales tax and are chiefly situated in the City’s prime commercial areas in the C5 Highway Commercial District. Following extensive research, it is Staff’s recommendation to prohibit banks/financial institutions in the C5 District. They would be permitted in C2,C3 and C4 Commercial Districts, and O2 Office Park. Banks would be allowed in the O1 District only under the provisions of a conditional use permit. Some discussion followed regarding banks requesting a Use Variance to locate in the C5 District. It was pointed out the applicants would have to prove hardship in order to be granted a Use Variance. Motion by Thacker, seconded by Cadotte, to recommend to the City Council that a text amendment be granted limiting the location of banks/financial institutions as follows: Permitted Use in C2, C3 and C4 Commercial Districts Permitted Use in O2 Office Park Permitted with a Conditional Use Permit in O1 District. P&Z Commission November 20, 2003 Page 7 Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Motion by Ekstrom, seconded by Cadotte, to recess the Public Hearing regarding Zoning File Number Z-602 until Thursday, December 12, 2003 at 7:30 p.m. and to continue further discussion regarding tabled Agenda Items from this Public Hearing at that time. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. The Public Hearing was recessed at 8:35 p.m. Other Business Planner Martin reported on recent City Council action reference matters which had previously been considered and reviewed by the Commission. The Commission Meeting scheduled for December 4th will include possible Comprehensive Plan amendments and review of the City’s Planned Unit Development Ordinance. On December 18th the Commission will review Shamrock Farms Phase IV Final Plat and Phase V Final Plat, as well as conduct a Public Hearing regarding minor variances to allow the intersection improvements at Route 31 and McCullom Lake Road. On January 8th the Commission will hear Crescent Electric’s application for a conditional use for outside storage on their site on Mill Street. Some discussion followed regarding the City’s need to attract more upscale unique businesses. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 8:50 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Meeting adjourned at 8:50 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk 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.