HomeMy WebLinkAboutMinutes - 12/02/2004 - Planning and Zoning CommissionMinutes of the City of McHenry
PLANNING AND ZONING COMMISSION
December 2, 2004
The December 2, 2004 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,
Schepler, Thacker. Absent: None. Also in attendance: Planner Martin, Deputy Clerk Kunzer,
Attorney Kelly Cahill.
Approval of Minutes
Motion by Cadotte, seconded by Nadeau, to approve the Minutes of the November 18, 2004
regularly scheduled Planning and Zoning Commission Meeting 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.
Public Hearing – Ron and Lisa Jensen
File No. Z-630
3513 Bretons Drive
Chairman Howell at 7:32 p.m. called to order the Public Hearing regarding a petition filed by
Ron and Lisa Jensen for a side yard setback variance to allow a hot tub/swimming pool in the
required side yard of their property located at 3513 Bretons Drive, McHenry.
Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on
November 12, 2004. A Certificate of Publication and receipts of notification to abutting property
owners of record are on file in the Office of the City Clerk. An Affidavit of Service and property
posting is also on file in the Office of the City Clerk.
Planner Martin provided the Commission with an overview of the Staff Report. He noted the
applicants are requesting a minor variance to allow a hot tub in their required side yard. The
applicants had installed a hot tub, after speaking with someone at City Hall who indicated that a
permit was not required. They inadvertently placed the hot tub in a required side yard. The
required side yard setback in this case is 10 feet. The hot tub is approximately 8 feet from the
side lot line, therefore, 2 feet into the side yard.
Planner Martin stated Staff does not have any concerns with this request, due to the fact that the
hot tub is in the homeowner’s usable backyard. The hot tub does sit on an easement; however,
the hot tub is not a permanent structure so it could be moved if necessary. Planner Martin noted
it is Staff’s recommendation to approve the requested minor variance to allow a hot tub in a
required side yard for the property located at 3513 Bretons Drive. Staff finds that the
requirements set forth in Table 32 of the City’s Zoning Ordinance have been met.
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December 2, 2004
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Chairman Howell requested questions and/or comments from members of the Commission.
A brief discussion followed in response to an inquiry regarding the miscommunication to the
applicants and the need for a building permit for the installation of the hot tub. Planner Martin
noted once the applicants were advised that a building permit was required, and that the hot tub
had been installed in the required side yard, they agreed to seek a minor variance before the
Planning and Zoning Commission.
In response to Chairman Howell’s inquiry, there were no public comments and/or questions
regarding the request.
Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to file
no Z-630, an application for minor variance to allow the installation of a hot rub/swimming pool
in the required side yard of the property located at 3513 Bretons Drive, as submitted by Ron and
Lisa Jensen, be granted, and that Table 32, the Approval Criteria for Variances, pages 377-378,
has been met.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: None.
Motion carried 7-0.
Chairman Howell closed the Public Hearing regarding File No. Z-630 at 7:40 p.m.
Public Hearing – William Walsh
File No. Z-631
4611 West Elm Street
Chairman Howell at 7:40 p.m. called to order the Public Hearing regarding a request submitted
by William Walsh for the following on his property located at 4611 West Elm Street:
1. Conditional Use Permit to allow outdoor storage of cars, trucks and job-related items;
2. Conditional Use Permit to allow outdoor sales of pontoon trailers.
In attendance was John Walsh who was sworn in by Chairman Howell.
Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on
November 17, 2004. A Certificate of Publication and receipts of certified mailing of notification
to abutting property owners of record are on file in the Office of the City Clerk. An Affidavit of
Service and property posting is also on file in the Office of the City Clerk.
Mr. Walsh stated the family upholstery business is relocating from Palatine to 4611 West Elm
Street in McHenry. In conjunction with furniture upholstering, the business also restores and
upholsters boat and automobile seats. At times it is necessary to store vehicles outside prior to
taking them inside the building for working on them. Mr. Walsh stated it is therefore necessary
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December 2, 2004
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to seek a conditional use permit to allow outside storage. He noted, however, he would comply
with all screening and landscape requirements to assure the storage would be aesthetically
pleasing to his neighbors and from Route 120.
Additionally, Mr. Walsh stated he is seeking a conditional use permit to allow outside sales of
seasonal products, as well as boating amenities, such as pontoon trailers, on the subject property.
City Planner Martin provided the Commission with a Staff Report regarding the project. He
noted outdoor storage is vital to the applicant’s business, due to the fact that boats or cars may be
dropped off for future work. He noted there may be a lag time when the car or boat needs to be
stored outside. Staff does not have a problem with the conditional use permit request for outside
storage, as long as all of the items stored are job related, are completely enclosed and screened
from public view on all sides, and the storage area is paved.
Planner Martin noted the applicant is also requesting a conditional use permit for outdoor sales
on the east side of the building to sell pontoon boat trailers. Staff has several concerns regarding
this request including the number of pontoon trailers that will be displayed, time of delivery of
the pontoons to the site, and condition of the trailers being sold.
Planner Martin stated Staff recommends that the display area be screened on three sides, paved,
and striped, so as to present a neat and orderly appearance. The number of pontoon trailers
should also be limited to no more than five at any one time. Delivery of the trailers should be
done at off times, so as not to create any traffic problems.
In conclusion, Planner Martin stated it is Staff’s recommendation to approve a conditional use
permit for outdoor storage subject to the conditions listed in the Staff Report, and to approve a
conditional use permit for outdoor sales subject to the conditions listed in the Staff Report. Staff
finds that the requirements set forth in Table 31 of the City’s Zoning Ordinance have been met.
Chairman Howell opened the floor to questions and/or comments from the Commission.
In response to an inquiry, Mr. Walsh stated the pontoon trailers displayed would be new and not
renovated used trailers. He noted his primary business is upholstery of furniture and the interior
of vehicles and boats. He stated his family purchased the property in October 2003, and they
have been steadily making interior and exterior improvements to the site since that time. He
noted the outside has been cleaned up, including the removal of a mulch pile and downed light
poles from the parking lot. He stated it is their intent to seal coat and stripe the parking lot. In
addition a royal blue awning will be constructed across the face of the building.
Responding to a question, Mr. Walsh stated the applicant has been working on improving the
window displays in the building. They are currently in the process of constructing vertical racks
for displaying upholstery fabric. At the present time most of the fabric is stacked horizontally in
rolls in the display window. Mr. Walsh acknowledged the horizontal stacks do not make an
inviting display. He noted once the fabric rolls have been removed, the front windows will be
decorated with seasonal displays.
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December 2, 2004
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In response to an inquiry, Mr. Walsh stated the outdoor sales area would be screened with white
PVC fencing and includes a white gate. He noted they intend to utilize the existing sign standard,
with color coordinated inserts complimenting the exterior building colors, primarily blue and
white, with red accents.
Mr. Walsh stated the area east of the building would be screened on three sides, with an opening
toward Route 120, and would accommodate the outside sales. The area west of the building
would accommodate the outdoor storage and would be screened on all four sides, including an
access gate in the front. Mr. Walsh noted he anticipated painting the building, seal coating the
paved surfaces, striping the parking lot, and installing the fence, in spring 2005.
A brief discussion occurred regarding the exterior lighting plan for the site. Commissioners
expressed concern regarding potential spillover onto adjacent residential properties. Responding
to a question, Mr. Walsh stated the hours of operation as follows:
Monday through Friday 10 a.m. until 8 p.m.
Saturday 10 a.m. until 6 p.m.
Sunday 10 a.m. until 4 p.m.
He noted they might remain open later than 8 p.m. on Thursday evening.
In response to concerns raised about potential noise created which could impact adjacent
residents, Mr. Walsh noted 99% of all refinishing and upholstering would be accomplished
inside of the building.
Responding to a commissioner’s inquiry, Mr. Walsh stated they intend to complete the surface
paving, seal coating and awning by May 2005. The commission noted the Route 120 streetscape
should greatly improve with the applicant’s proposal and the recently-approved LaRosita
renovation plans.
In response to Chairman Howell’s inquiry, there were no questions and/or comments from the
audience.
In closing, Mr. Walsh stated his family has put together a new business for the McHenry
community. They intend to dress up the building. They perform custom upholstery on furniture,
boats and cars. They will do their best to enhance the aesthetics of the site and to make the
facility an attractive addition to the City.
Motion by Cadotte, seconded by Buhrman, to recommend to Council that with regard to File No.
Z-631, the following be granted:
Conditional Use Permit to allow outdoor storage on the premises located at 4611 West Elm
Street, subject to the following conditions:
a. Storage shall be limited to the area shown on the Plat of Survey;
b. Only job-related items shall be stored outside on the premises;
c. A gate, similar in style to the existing fencing, shall be installed by May 2003;
d. The entire storage area must be paved by May 2005;
e. The storage gate shall be kept closed at all times, except when being accessed;
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December 2, 2004
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f. The conditional use permit shall expire one year from the date of City Council
approval, at which time, the applicant shall appear before City Council for
consideration of an extension or granting of a conditional use permit without a
time limitation;
and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning
Ordinance, have been met.
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 Cadotte, seconded by Nadeau, to recommend to Council that with regard to File No.
Z-631, the following be granted:
Conditional Use Permit to allow outdoor sales on the premises located at 4611 West Elm Street,
subject to the following conditions:
a. The outdoor sales area is generally limited to the area shown on the Plat of Survey;
b. No more than five pontoon trailers shall be displayed at any one time on the premises;
c. Only pontoon trailers shall be displayed in the outdoor sales area;
d. The outdoor sales display area shall be paved;
e. The outdoor display area shall be completely screened on three sides, with fencing or
evergreen landscaping, and a transparent-style gate shall be placed across the front. The
screening shall be installed by May 2005;
f. Delivery of pontoon trailers shall be at off-times, i.e. late at night or early in the
morning.
g. The conditional use permit shall expire one year from the date of City Council
approval, at which time, the applicant shall appear before City Council for consideration
of an extension or granting of a conditional use permit without a time limitation;
and that Table 31, the Approval Criteria for Conditional Uses, pages 357-358 of the Zoning
Ordinance, have been met.
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:
Howell: Commended the applicant on his efforts to improve the streetscape and aesthetics
along Route 120; the subject property has been an eyesore and he is happy to see
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December 2, 2004
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it being renovated. He hopes the applicant follows through on the plans as
discussed this evening.
Thacker: Concurred with the Chairman noting that a community eyesore is being greatly
improved.
Chairman Howell closed the Public Hearing regarding File No. Z-631 at 8:08 p.m.
Public Hearing: Text Amendment
File No. Z-603
Revised PUD Ordinance
Downtown Overlay District
Chairman Howell opened the Public Hearing regarding File No. Z-603 proposing a Zoning
Ordinance Text Amendment to revise the Planned Unit Development Ordinance and Create a
Downtown Overlay District at 8:09 p.m.
Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on
November 15, 2004. A Certificate of Publication is on file in the Office of the City Clerk.
Planner Martin provided the commissioners with an overview of the request for zoning
ordinance text amendments as follows:
1. Deletion of the existing Planned Unit Development Ordinance (PUD) and Addition of
an Integrated Design District (IDD); and
2. Addition of a Downtown Overlay District.
Planner Martin state during the past year, Staff has been working on amendments to the Planned
Unit Development Section of the Zoning Ordinance. The current language requires a PUD
developer to go thorough a rather lengthy and cumbersome process – to date, a process no one
has used. He stated the reasons for changing the ordinance are to encourage creative design
solutions for new development, including aesthetic-related issues, and to provide a more
streamlined review process. He also noted, as the PUD regulations were being developed and
refined, the City's Downtown Plan was adopted and the development of the McHenry Riverwalk
has moved forward. Therefore, it is important that the City has the appropriate tools in place to
guide development and redevelopment in these areas.
Planner Martin informed the Commission that an overlay district provides a set of regulations
applicable to a specific district in addition to the underlying zoning regulations.
Regarding the proposed Integrated Design District (IDD), Planner Martin noted the Planning and
Zoning Commission at a Public Hearing held on December 4, 2003 reviewed a draft Mixed-Use
Design District (MUDD) to replace the existing PUD Ordinance. At that time, the Commission
unanimously voted to recommend that the Planned Unit Developments chapter be deleted and
replaced with the Mixed-Use Design District subject to requiring a Conditional Use Permit for
each use allowed in the District.
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December 2, 2004
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Planner Martin noted the Community Development Committee had several concerns with the
proposed ordinance, including:
1. Increased noise from traffic due to reduced setbacks;
2. Provision for guest parking;
3. Input from the fire district; and
4. Procedural aspects of the ordinance.
He noted Staff researched these issues and provided feedback to the Committee. After three
meetings with the Committee to iron out their concerns, a final draft of the ordinance was
prepared.
The following major changes have been made to the Ordinance:
1. Staff changed the name of the ordinance to Integrated Design District (IDD) so that the
ordinance was not limited to mixed-use developments;
2. Language has been added requiring that each property developed under the ordinance
adhere to the Conditional Use Permit process;
3. Staff strengthened the procedural aspects of the ordinance.
Planner Martin stated it is Staffs’ recommendation to approve a proposed text amendment
deleting the existing PUD and adding the Integrated Design District IDD.
Regarding the proposed Downtown Overlay District (DOD), Planner Martin noted the purpose
of the DOD is to place additional regulations on the downtown area, over and above the
underlying zoning district. He noted overlay districts are commonly used as part of preserving,
protecting or enhancing certain areas of a city.
Planner Martin stated the proposed DOD imposes additional restrictions on property owners in
the downtown area. The DOD provides additional opportunities for property owners to improve
their properties or to redevelop their property. In exchange for these opportunities, the district
provides guidelines, requirements, procedures and criteria that must be met in order to deviate
from the Zoning Ordinance.
Planner Martin noted each of the zoning classifications in the downtown areas imposes zoning
regulations on the properties, such as: setbacks, floor area ratio (FAR), building height, parking,
landscaping and signage.
The DOD ordinance provides flexibility and provisions for deviating from requirements in the
Zoning Ordinance, provided that there will be no deleterious impacts on adjacent properties and
the goals of the Downtown Plan are furthered. In order to deviate from the Zoning Ordinance,
however, property owners must provide information on the proposed project, follow certain
procedures, and meet the criteria established in the Criteria for Review section of the Downtown
Overlay District Ordinance.
Planner Martin stated there are two processes for review established in the ordinance: an
administrative site plan review and an expanded site plan review. Administrative site plan
review includes all applications that comply with the provisions in the Zoning Ordinance (a
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December 2, 2004
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normal building permit application), and would be completed by Staff. However, the applicant
would still be required to meet the Criteria for Review in the Downtown Overlay District
ordinance. All expanded site plan review applications would be sent to the Planning and Zoning
Commission for review and then to the City Council for consideration and approval, approval
with conditions, or denial. Expanded site plan review entails any application which would
require a variance to the Zoning Ordinance.
The Criteria for Review of any proposed Zoning Ordinance deviation include:
1. Conformance with the Downtown Plan;
2. Conformance with the Downtown District Design Guidelines;
3. Relationship of proposed improvements to adjacent properties;
4. Relationship of the proposed improvements to the Riverwalk (if applicable);
5. Adverse impacts on the public health, safety and welfare.
Planner Martin stated the Downtown District Guidelines will be an exhibit to the Downtown
Overlay District ordinance. In conclusion, he stated it is Staff’s recommendation to approve the
proposed text amendment to the Zoning Ordinance by adding a Downtown Overlay District.
Chairman Howell invited questions and/or comments from the commissioners.
Responding to an inquiry, Planner Martin stated the Fire Department would work with the City
as far as implementation of narrower one-way streets. The Fire Department is in favor of alleys
for garage access which would actually afford better fire prevention and control. The Fire
Department also favors detached garages for safety reasons.
In response to a question, Planner Martin stated there are currently six different zoning districts
being utilized in the Downtown District. The implementation of the overlay district would
actually provide more global guidelines and restrictions for this specific area. He noted the
boundaries of the proposed DOD are identical to the City’s TIF District. A map acknowledging
the boundaries of the DOD would be attached to the ordinance adopting the DOD and DOD
Guidelines.
Planner Martin stated input has been sought from the City’s Landmark Commission regarding
the proposed Downtown Overlay District and Downtown District Design Guidelines.
In response to Chairman Howell’s inquiry, there were no questions and/or comments from the
audience.
Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File
No. Z-603, an application for Text Amendment to the City of McHenry Zoning Ordinance which
would delete the City’s Planned Unit Development Ordinance and create an Integrated Design
District, be granted.
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December 2, 2004
Page 9
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: None.
Motion carried 7-0.
Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File
No. Z-603, an application for Text Amendment to the City of McHenry Zoning Ordinance which
would create a Downtown Overlay District, be granted.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: None.
Motion carried 7-0.
Chairman Howell closed the Public Hearing regarding File No. Z-603 at 8:25 p.m.
Other Business
Planner Martin provided a brief report of recent Council action. He also noted there would be a
Special Meeting of the Planning and Zoning Commission on Thursday, December 9, 2004 for
the continuation of the Public Hearing regarding File No. Z-628.
Chairman Howell noted he has been informed by Staff there is no moratorium against zoning
residential property to RS-3.
Adjournment
Motion by Nadeau, seconded by Cadotte, to adjourn the meeting at 8:29 p.m.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: None.
Motion carried 7-0.
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.