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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. P&Z Commission December 2, 2004 Page 2 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 P&Z Commission December 2, 2004 Page 3 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. P&Z Commission December 2, 2004 Page 4 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; P&Z Commission December 2, 2004 Page 5 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 P&Z Commission December 2, 2004 Page 6 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. P&Z Commission December 2, 2004 Page 7 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 P&Z Commission December 2, 2004 Page 8 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. P&Z Commission 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.