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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.