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HomeMy WebLinkAboutMinutes - 04/03/2008 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting April 3, 2008 Vice Chairman Buhrman called the April 3, 2008 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In Attendance were the following: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Absent: Howell, Thacker. Also in attendance were: Attorney Cahill, Planner Kolner, Deputy Clerk Kunzer. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission as presented: January 17, 2008 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 5-0. Public Hearing: Jake Neulist File No. Z-724 Lot 29 Westshore Beach Subdivision along Ringwood Road Zoning Map Amendment and Variances Vice Chairman Buhrman called the Public Hearing to order at 7:32 p.m. regarding File No. Z- 724, an application for the following relief as requested by Jake Neulist for his property located on Lot 29 of Westshore Beach Subdivision along Ringwood Road: 1. Zoning Map Amendment from C-1 Convenience Commercial to RS-3 Medium-High Density Single-Family Residential District; 2. Variance to permit multiple buildings (two homes) on a single zoned lot; 3. Variance to allow a reduction in required minimum lot width along an arterial roadway from 200’ to 175’. In attendance was Applicant Jake Neulist who was sworn in by Attorney Cahill. Notice of the Public Hearing was published in the Northwest Herald on March 18, 2008. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Planner Kolner provided the commissioners with the Staff Report regarding the request. She noted the subject property is comprised of approximately 21,875 square feet and is currently zoned commercial. The applicant is seeking reclassification to RS-3 residential in addition to variances allowing multiple buildings on a zoned lot and reduced lot width adjacent to Ringwood Planning and Zoning Commission April 3, 2008 Page 2 Road. Planner Kolner noted the requested zoning is consistent with adjacent properties within the City boundary. The applicant does not have a proposed site plan for placement of the buildings on the property. The buildings would be evenly spaced on the premises. Staff has reviewed the application and supports the request. Mr. Neulist stated he purchase the seven 25’ lots with the original intent to build a commercial structure. He has since reconsidered and is now proposing two residential dwellings on the property which was consolidated into Lot 29 on March 31, 2006. Mr. Neulist stated he would prefer not to subdivide the property and is therefore requesting a variance to allow two homes on the lot. Vice Chairman Buhrman invited questions and comments from the Commission. Responding to an inquiry, Mr. Neulist stated he would not be building spec homes. He would either build-to-suit or sell the property to another builder/developer. Attorney Cahill swore in Roger Smessaert who wished to make a statement regarding the request. Mr. Smessaert stated his property abuts the subject property to the south. He noted he lives in Brittany Park in the City of McHenry. Mr. Neulist has been a good neighbor who maintains his property with care. Mr. Smessaert expressed concern regarding potential drainage issues as there is a drainage ditch running along his north property line which is full most of the time. He requested the City investigate if anything can be done to alleviate this problem. He stated he suffers from backyard flooding during heavy rains, snow melt, etc. Mr. Smessaert noted he does not object to the reclassification to residential zoning. However, he requested the City look at the site plans and engineering during the building permitting process to ensure that flooding conditions are not exacerbated as a result of the new homes being constructed. Planner Kolner stated the site elevations and drainage flow will be examined as a part of the permit review process. In response to Vice Chairman Burhman’s inquiry there were no further comments or questions from the audience or the commissioners regarding the application. Motion by Cadotte, seconded by Nadeau, to recommend to City Council, with regard to File No. Z-724, an application for zoning map amendment to RS-3 Medium-High Density Single-Family Residential District be granted; and that Table 33, the Approval Criteria for Zoning Map Amendments, Page 401 of the Zoning Ordinance, has been met Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 5-0. Planning and Zoning Commission April 3, 2008 Page 3 Motion by Cadotte, seconded by Nadeau, to recommend to City Council, with regard to File No. Z-724, an application for variance to allow multiple buildings (two homes) on a single zoned lot be granted; and Table 32, The Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 5-0. Motion by Cadotte, seconded by Nadeau, to recommend to City Council, with regard to File No. Z-724, an application for variance to allow a reduction in the required lot width along an arterial roadway from 200’ to 175’ be granted; and that Table 32, The Approval Criteria for Variances, page 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 5-0. Vice Chairman Buhrman closed the Public Hearing at 7:55 p.m. Public Hearing: Amcon Design & Construction File No. Z-723 Lot 2 Northgate West Subdivision Conditional Use Permit Vice Chairman Buhrman called the Public Hearing to order at 7:56 p.m. regarding File No. Z- 723, an application for conditional use permit to allow an automobile service station on the property located on Lot 2 of Diamond Drive in Northgate West Subdivision, as submitted by Amcon Design and Construction. In attendance representing the applicant was David Olson of Amcon Design & Construction who was sworn in by Attorney Cahill. Notice of the Public Hearing was published in the Northwest Herald on March 13, 2008. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Planner Kolner provided the commissioners with the Staff Report regarding the request, noting the applicant is constructing the building for Firestone who intends to operate a complete care Planning and Zoning Commission April 3, 2008 Page 4 automobile service station on the premises. Staff has examined the application and supports the request. Vice Chairman Buhrman opened the floor to questions and comments from the commissioners. Responding to an inquiry, Planner Kolner stated there are approximately 79 trees on the premises which would require replanting or replacement according to the guidelines contained in the Tree Preservation Ordinance. The developer would be required to contribute a monetary donation for any tree not replanted or replaced. Planner Kolner noted the City’s superintendent of Forestry and Park Planning will review the tree inventory to determine which trees require compensation to the City, and must be either replanted or replaced. In response to a question, Mr. Olson stated the facility will do oil changes. Oil will be contained in 55-gallon drums and removed from the premises by a licensed hauler. It was pointed out the site plan indicated a monument sign on the premises. Planner Kolner stated a monument sign will not be permitted. The applicant intends to seek a sign variance which would allow three wall signs on the building. Inquiry was made as to how the new Firestone would impact the existing business on Front Street. Planner Kolner stated she has received no indication the existing business would close. The new business would be a separately-owned independent facility. Vice Chairman Buhrman invited questions or comments from the audience. Attorney Cahill sworn in Samuel Diamond who addressed the Commission regarding the application. Mr. Diamond stated he and his partner are the sellers of the subject property. He noted the only reason this application is before this Commission is because the petitioner intends to operate a complete care automobile service station. If this were strictly a retail establishment, i.e. product sold but no other services provided, no conditional use permit would be required. Mr. Diamond stated the applicant would abide by the Tree Preservation Ordinance. A complete tree inventory has already been done on this property. The applicant is extremely conscientious about following the ordinance. In response to Vice Chairman Buhrman’s inquiry, there were no further questions by the Commission or members of the audience. Motion by Cadotte, seconded by Schepler, to recommend to the City Council with regard to File No. Z-723, an application for conditional use permit to allow a complete care automobile service station on the premises be granted; and that Table 31, the Approval Criteria for Conditional Use Permits, Pages 357-358 or the Zoning Ordinance, has been met. Planning and Zoning Commission April 3, 2008 Page 5 Voting Aye: Buhrman, Cadotte, Ekstrom, Schepler. Voting Nay: Nadeau. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 4-1. Comments by Commission: Nadeau: Objects to the site being used for this purpose. There are better locations for this use. Ekstrom: It is too bad so many trees will have to be sacrificed. However, it will be a good development and it is a good use for the property. Vice Chairman Buhrman closed the Public Hearing at 8:23 p.m. Public Hearing: City of McHenry File No. Z-722 Text Amendment Vice Chairman Buhrman called the Public Hearing to order at 8:24 p.m. regarding File No. Z- 722, an application for zoning text amendment filed by the City of McHenry. Planner Kolner stated Staff has been working to clean up language discrepancies in the Zoning Ordinance. The text amendments proposed this evening concern Chapter XVII Non- Conformities and Chapter VIII Landscaping and Screening. Planner Kolner stated the modifications proposed to Chapter XVII include: 1. Elimination of Design Nonconformities- Instead of addressing three types of nonconformities, it was determined that all nonconformities can be addressed through the use and standards nonconformity language. 2. Changes in or discontinuance of activity – The current language requires that City Council make a determination as to whether or not the elimination of a nonconformity is physically or economically feasible. Instead of involving the Council, Staff should make these determinations. 3. Administration – The current language requires that a certificate of occupancy be issued for the continuation of all nonconformities. The City has not done this and the language should be changed to remove this requirement. The change to Chapter VII Landscaping and Screening only relates to amending the following lists contained in Table 14: Recommended Street Trees Approved Trees Approved Shrubs Approved Plants and Grasses Undesirable Trees and Plants. Planning and Zoning Commission April 3, 2008 Page 6 Staff is recommending the Table be amended so that it identically reflects the Tree Lists found in the Subdivision Control and Development Ordinance and Municipal Code. Vice Chairman Buhrman invited questions and comments from the Commission. Brief discussion occurred regarding the possibility of Staff encouraging developers to refrain from planting trees beneath utility lines. Discussion also included the desirability of having all power lines being installed underground. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-722 an application for a zoning text amendment relating to Chapter XVII Nonconformities and Chapter VII Landscaping and Screening, be granted. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 5-0. Vice Chairman Buhrman closed the Public Hearing at 8:40 p.m. Other Business Planner Kolner stated there will not be a meeting on April 17, 2008. The agenda for May 1, 2008 includes an application by Olive Garden for a conditional use permit. Responding to an inquiry, Planner Kolner stated Terraco has withdrawn its application relative to the Justen Property. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:46 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell, Thacker. Motion carried 5-0. The meeting was adjourned at 8:46 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry