HomeMy WebLinkAboutMinutes - 02/05/2004 - Planning and Zoning CommissionMinutes of the City of McHenry
PLANNING AND ZONING COMMISSION
February 5, 2004
The February 5, 2004 meeting of the City of McHenry Planning and Zoning Commission was
called to order by Chairman Howell at 7:32 p.m. in the McHenry Municipal Center Classroom.
Commission members in attendance: Buhrman, Ekstrom, Howell, Nadeau. Absent: Cadotte,
Franzen, Thacker. Also in attendance: Planner Martin, Deputy Clerk Kunzer, Attorney Rob
Fetzner.
Approval of Minutes
Motion by Buhrman, seconded by Nadeau, to approve the minutes of the Planning and Zoning
Commission as follows:
• January 8, 2004 regularly scheduled meeting
• January 15, 2004 regularly scheduled meeting.
Voting Aye: Buhrman, Ekstrom, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Franzen, Thacker.
Motion carried.
Public Hearing: City of McHenry
File No. Z-602
Text Amendments
Chairman Howell at 7:35 p.m. reconvened the Public Hearing regarding an application for
various text amendments, as filed by the City of McHenry which was first called to order on
November 10, 2003, reconvened and recessed on Thursday, December 11, 2003 to today’s date.
The suggested text amendments include:
• Moving driveway section from Chapter 21 of the Municipal Code to the parking and
loading section of the Zoning Ordinance;
• Adding additional language regarding public hearing procedures to administration section
of Zoning Ordinance;
• Deleting the Use Table provided in the appendix of the Zoning Ordinance;
• Incorporating a specific list of Business Park permitted and conditional uses;
• Deleting definitions for commercial and recreational vehicles and regulations for
commercial and recreational vehicles in the Zoning Ordinance;
• Incorporating definitions and regulations for commercial and recreational vehicles into
the Zoning Ordinance as found in the Illinois Vehicle Code;
• Adding the term “Required” to “Front Yard”, “Interior Yard” and “Rear Yard”.
Planner Martin provided an overview of the Staff Report regarding the various requests for text
amendments to the Zoning Ordinance. He noted the outstanding issues for discussion and
awaiting recommendation to Council by this Board chiefly relate to regulations governing
commercial and recreational vehicles. Planner Martin briefly reviewed the proposed amendments
P&Z Commission
February 5, 2004
Page 2
regarding driveways, public hearing procedures, the use table located in the Appendix, and
clarification of yard requirements.
Planner Martin informed the Board of a proposed list of permitted and conditional uses for the
Business Park District. He noted the list was compiled from the existing uses in the City’s
existing Business Parks such as McHenry Corporate Center and Adams Commercial Center. He
stated the City’s vision for future Business Park uses is exhibited by the uses currently
implemented in these Business Parks. He suggested a more specific list be incorporated into the
Zoning Ordinance Text, based upon existing business park permitted and conditional uses, and
utilizing appropriate examples for light industrial, heavy industrial, etc. where necessary.
Citing correspondence received from Zukowski, Rogers, Flood and McArdle, Planner Martin
stated it is the City Attorney’s opinion the City could not legally implement a restriction
prohibiting the parking of any vehicle with writing (signage) on it from parking overnight in a
residential district. Aesthetic concerns alone would not be sufficient to implement such a
restriction.
A general discussion occurred regarding the parking of commercial vehicles and recreational
vehicles in the residential district. It was the consensus of the Board enforcement of existing
ordinances is not being done. The Board also expressed concerns regarding lack of follow-up of
complaints regarding ordinance violations. Jurisdictional issues, i.e. Police Department versus
Community Development Department, were also noted. It was suggested there could be better
coordination between the Police and Community Development Departments. Question was
raised as to the possibility of the Community Service Officer assisting with code compliance
enforcement.
In response to Chairman Howell’s inquiry, there was no one in the audience wishing to make a
statement, ask a question or comment.
Motion by Nadeau, seconded by Buhrman, with regard to File No. Z-602, to recommend to
McHenry City Council that an application for text amendment filed by the City of McHenry be
granted as follows:
• Moving driveway section from Chapter 21 of the Municipal Code to the parking and
loading section of the Zoning Ordinance;
• Adding additional language regarding public hearing procedures to administration section
of Zoning Ordinance;
• Deleting the Use Table provided in the appendix of the Zoning Ordinance;
• Incorporating a specific list of Business Park permitted and conditional uses;
• Adding the term “Required” to “Front Yard”, “Interior Yard” and “Rear Yard”.
and that Table 33, the Approval Criteria for Zoning Text Amendments, page 401 of the Zoning
Ordinance, has been met.
P&Z Commission
February 5, 2004
Page 3
Voting Aye: Buhrman, Ekstrom, Howell, Nadeau.
Voting Nay: None:
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Franzen, Thacker.
Motion carried 4-0.
Motion by Nadeau, seconded by Ekstrom, to recommend to the McHenry City Council that an
application for text amendment filed by the City of McHenry be granted as follows:
• Deleting definitions for commercial and recreational vehicles and regulations for
commercial and recreational vehicles in the Zoning Ordinance;
• Incorporating definitions and regulations for commercial and recreational vehicles into
the Zoning Ordinance as found in the Illinois Vehicle Code;
and that Table 33, the Approval Criteria for Text Amendments, page 401 of the Zoning
Ordinance, has been met.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Thacker.
Voting Nay: Nadeau:
Not Voting: None.
Abstaining: None.
Absent: Franzen.
Motion carried 4-0.
Ekstrom stated she would like to see the ordinances and codes enforced, particularly since the
Board expended so much effort in making the proposed changes. She also stated she would
prefer not to see large motor homes parked in the front yards in residential districts.
Nadeau stated there is no need for City definitions for commercial and recreational vehicles. He
stated it is appropriate to utilize the same definitions as found in the Illinois Vehicle Code.
Chairman Howell stated this was a difficult decision for him. The Community Development
Committee did not respond positively to the research and proposed aesthetic recommendations
made by this Board. He stated he reluctantly voted yes, especially regarding the commercial and
recreational vehicle issues.
Planner Martin noted Staff could look at the issue of public safety with regard to parking
commercial vehicles in the residential district. Additionally, Staff could review the size of
recreational vehicles permitted to be parked in the residential district. He stated the new
provision allows for parking of recreational vehicles only behind the front building line.
Buhrman noted having commercial and recreational vehicles parked in the residential district
diminishes area property values.
P&Z Commission
February 5, 2004
Page 4
Chairman Howell closed the Public Hearing at 8:12 p.m.
Other Business
Planner Martin reported on recent Council action on issues previously presented before the
Board. He also reported the Community Development Committee will review proposed changes
to the PUD Ordinance at its meeting at the Municipal Center on February 11, 2004 at 7 p.m. He
invited Planning and Zoning Commissioners to attend as there will be a power point
presentation.
Chairman Howell indicated there would be no discussion regarding aesthetics this evening due to
the weather and poor attendance.
The agenda for the next Planning and Zoning Commission Meeting is a request for conditional
use by Sloppy T’s. The proposal is for tear down of two existing buildings followed by
construction of a new facility.
Planner Martin also reported the City Council will consider limiting future financial
establishments in the City at its Monday, February 9, 2004 regularly scheduled meeting.
Adjournment
Motion by Ekstrom, seconded by Nadeau, to adjourn at 8:23 p.m.
Voting Aye: Buhrman, Ekstrom, Howell, Nadeau.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Franzen, Thacker.
Motion carried 4-0. Meeting adjourned at 8:23 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.