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HomeMy WebLinkAboutMinutes - 02/03/2005 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION February 3, 2005 The February 3, 2005 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission was called to order by Vice Chairman Buhrman at 7:35 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell (arrived at 7:37 p.m.), Nadeau, Schepler. Absent: Thacker. Also in attendance: Director of Community Development Napolitano, Deputy Clerk Kunzer, Attorney Kelly Cahill. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the minutes as follows: • December 9, 2004 regularly scheduled Planning and Zoning Commission Meeting; • December 16, 2004 regularly scheduled Planning and Zoning Commission Meeting; as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Thacker. Motion carried 6-0. Public Hearing – Ray Walsh File No. Z-634 Vacant Parcel on Freund Avenue – Parcel 2 of Lot 5 Chairman Howell at 7:37 p.m. called to order the Public Hearing regarding a request for zoning map amendment from O-1 Local Office District to RS-4 High Density Single Family Residential District for the property located on Parcel 2 of Lot 5 of Owens Addition Subdivision comprised of .17 acres, as submitted by Ray Walsh. In attendance was Applicant and Property Owner Ray Walsh of 8312 Red Bark Lane in Cary, Illinois who was sworn in by Chairman Howell. Also in attendance were: – Carol Cooney, 1313 N Richmond Road, McHenry – Dave Henderson, 1311 N Richmond Road, McHenry. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on January 17, 2005. A Certificate of Publication and receipts of notification to abutting property owners of record are on file in the Office of the City Clerk. Director of Community Development Napolitano provided an overview of the Staff Report regarding the application. He noted the request is for a Zoning Map Amendment from O-1 to RS-4, in order to construct a single-family home on the premises. The property is currently vacant. Director Napolitano stated the property is located on the east side of Freund Avenue, north of Route 120 (Elm Street) and west of Route 31 (Richmond Rd.). He reported there were two previous zoning actions considered by the City on this property: P&Z Commission February 3, 2005 Page 2 – In 1994, the subject property was zoned RS-4. A developer, Lee Cooney, proposed to rezone this parcel, and an adjoining parcel with frontage on Richmond Road, to 0-1 Local Office in order to construct an office building, parking and detention on the parcels. Although the City Council approved the requested rezoning to O-1 and several variances, the office building was never constructed. – In 2001, a request was made to rezone the subject parcel and the adjoining parcel to RM-2 for the construction of a 10-unit apartment building. That request was denied and the subject property has remained vacant, while the adjacent parcel along Richmond Road continues to be used as a single family home. Director Napolitano stated the proposed Zoning Map Amendment is consistent with the City’s Comprehensive Plan and is compatible with the surrounding area. The subject property, if rezoned to RS-4, would be consistent with all of the surrounding property. This is an infill lot, which would have access off of Freund Ave. Director Napolitano stated the proposed map amendment is consistent with existing zoning in the neighborhood and Staff supports the request. Chairman Howell invited questions and/or comments from the commissioners. In response to an inquiry, Director Napolitano stated only Parcel 2 of the two-parcel lot would be reclassified to RS-4. Parcel 1 would continue to be zoned O-1. Upon further inquiry, Director Napolitano stated the applicant would be required to address the property’s drainage and would not negatively impact surrounding property as a result of construction on the premises. Responding to commission inquiries, Mr. Walsh stated he is not certain what type of house he would construct on the premises. No building plans have been drafted yet. He noted he intends to develop the site and sell the residence when completed. He stated his intent to have the structure blend in with residences in the neighborhood. In response to Chairman Howell’s inquiry, The following Observers were sworn in prior to making a statement regarding the application for zoning map amendment: Dave Henderson, 1311 N Richmond Road: Mr. Henderson stated he would like assurance that the building constructed on this property would conform to other houses in the area. He expressed his dismay that no house plans were yet available for review prior to granting the zoning request. Motion by Cadotte, seconded by Nadeau, regarding File No. Z-634, a request for zoning map amendment from O-1 Local Office District to RS-4 High Density Single Family Residential District for the vacant property located on Parcel 2 of Lot 5 of Owen’s Addition, as requested by Ray Walsh, be granted; and that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance, has been met. P&Z Commission February 3, 2005 Page 3 Voting Aye: Buhrman, Cadotte, Nadeau. Voting Nay: Ekstrom, Howell, Schepler. Not Voting: None. Abstaining: None. Absent: Thacker. Motion failed to carry 3-3. Chairman Howell adjourned the Public Hearing at 7:52 p.m. Public Hearing: City of McHenry File No Z-635 Text Amendment Chairman Howell at 7:53 p.m. opened the Public Hearing regarding File No. Z-635, an application for a Zoning Text Amendment to modify the purpose of the RS-3 Medium High Density Single Family Residential District, as submitted by the City of McHenry Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on January 15, 2005. A Certificate of Publication is on file in the Office of the City Clerk. Director Napolitano provided the commission with background and an overview of the requested text amendment. He noted during recent reviews of zoning requests, the Commission was confronted with a request to classify property RS-3. During these reviews, the Commission expressed some concern regarding the City’s ability to approve RS-3 zoning for a new development, citing a “moratorium” placed on RS-3 zoning in the early 1990’s. Director Napolitano stated the existing purpose of the RS-3 District states “This district is intended to provide for the appropriate zoning of land which was classified RS-3 on September 1, 1990.” City records indicate that this language was drafted in 1991. The record seems to indicate that this amendment was made in order to stop the proliferation of RS-3 developments being requested and approved at the time. Director Napolitano noted nearly 15 years have elapsed since this change was adopted by the City. During this time, cities have demanded smarter growth which has led to clustering of lots, open space preservation, and incorporation of a site’s natural features into new development. In addition, lifestyles have changed – the population is aging, many families have dual wage earners, and free-time is at a premium. Developers and developments have responded to these changing lifestyles by offering homes on smaller lots with less land area for the homeowner to maintain, and by the increasing number of townhome units with common areas maintained by an association rather than individual owners. Given these changes, the City must ask itself if the moratorium it implemented nearly 15 years ago is still valid, or are there some instances when smaller lot sizes may be appropriate for a development. The question before the Commission this evening is to discuss and review the existing moratorium and to make a recommendation for or against a text amendment regarding the purpose of the RS-3 District. Chairman Howell invited questions and/or comments from the commissioners. P&Z Commission February 3, 2005 Page 4 The commissioners pointed out their opinion in years past has been to encourage the City to create a mid-density district of approximately 1/3 acre or 13,000 square feet. As a large inventory of RS-3 lots was on hand, it was the commission’s opinion to move toward larger lots. In response to Chairman Howell’s inquiry, there was no public comment and/or questions from the audience. Responding to commission inquiry, Director Napolitano provided the commission with a colored map showing the number of RS-2 lots and the number of RS-3 lots currently zoned in the City. The current inventory of these lots is approximately 1,077 RS-3 lots and 1,850 RS-2 lots. Director Napolitano responded to an inquiry as to when the last Planned Unit Development was completed within the City. He noted it was the Whispering Oaks Subdivision, which was initially a senior residential subdivision. However, since its initial construction, the subdivision has transitioned into a multi-age residential area. There were no policing mechanisms in place to assure the subdivision would remain a senior residential development. Some discussion followed regarding the City’s option to utilize the revised planned unit development ordinance to grant RS-3 zoning to senior-restricted residential subdivisions or cluster housing developments. It was the consensus of the commission that utilization of RS-3 zoning would be desirable in either of these two cases. However, reticence was expressed regarding lifting the moratorium imposed against RS-3 Zoning in general. It was also suggested that variances to permit RS-3 zoning in specific instances would be more tolerable than opening up the RS-3 district to all future development. In response to Chairman Howell’s inquiry, there was no one in the audience wishing to express an opinion regarding this matter. Motion by Cadotte, seconded by Nadeau, regarding File No. Z-635, a request for a zoning text amendment approving the change in purpose of the RS-3 Medium High Density Single Family Residential Zoning District and thereby lifting the moratorium approved in 1991, be granted. Voting Aye: Cadotte. Voting Nay: Buhrman, Ekstrom, Howell, Nadeau, Schepler. Not Voting: None. Abstaining: None. Absent: Thacker. Motion failed 1-5. Comments by Commission regarding the Petition: Commissioner Cadotte: Reluctantly voted yes. Commissioner Ekstrom: Does not support lifting the moratorium, but would consider granting RS-3 if requested by variance or utilizing the revised Planned Unit Development concept. Chairman Howell: Granting of RS-3 zoning should be on a case-by-case basis or should be granted through the utilization of a Planned Unit Development. Commissioner Nadeau: Opposed for the reasons stated. Commissioner Schepler: Opposed for the reasons stated. P&Z Commission February 3, 2005 Page 5 Commissioner Buhrman: Opposed for the reasons stated as well as the RS-3 District could be used for development if a variance is granted. The Public Hearing was adjourned by Chairman Howell at 8:15 p.m. Other Business Director Napolitano provided the commissioners with a summary of recent Council action. A brief discussion followed regarding projects around town and possible new development. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:30 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Thacker. Motion carried 6-0. 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.