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HomeMy WebLinkAboutMinutes - 05/20/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION May 20, 2004 The May 20, 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 Classroom. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: None. Also in attendance: Alderman Glab, Planner Martin, Deputy Clerk Kunzer, Attorney Kelly Cahill. Chairman Howell welcomed new commissioner Neal Schepler. Approval of Minutes Motion by Cadotte, seconded by Buhrman, to approve the minutes of the Planning and Zoning Commission as presented: April 14, 2004 regularly scheduled meeting April 22, 2004 special meeting. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: None. Motion carried 7-0. Public Hearing: Tom and Ruth Fenwick File No. Z-614 3719 W. Waukegan Road Chairman Howell at 7:33 p.m. convened the Public Hearing regarding a request for zoning map amendment from RA-1 Attached Multi-Family District to RS-4 Single Family District. In attendance representing the applicant were Attorney James Cowlin, Property Owner Ruth Fenwick, and Contract Purchaser Brian Harris. Chairman Howell swore in Ms. Fenwick and Mr. Harris. Chairman Howell stated public notification requirements had been met. Notice was published in the Northwest Herald on April 30, 2004. A Certificate of Publication is on file in the Office of the City Clerk. Notification was made to all adjacent property owners. An Affidavit of Service is on file in the Office of the City Clerk. Attorney Cowlin provided an opening statement in which he asserted the applicants are seeking a zoning map amendment from RA-1 Detached Single Family Residential District to RS-4 Single Family Zoning District. The subject property is located in the older part of McHenry where the lots were platted 66’ X 132’. The subject property is comprised of two lots, one of which is currently vacant. Both lots meet the minimum required lot width and lot area in the RS-4 District. The applicants would like to sell the vacant lot and are requesting rezoning so the property could be developed with a single-family dwelling. Ms. Fenwick stated the east lot is developed with a single family residence. The west lot is currently vacant. Mr. Harris is the contract purchaser of the property. Mr. Harris noted the current trend of development in the area is for single family dwellings. He also stated the lot width of 66’ is adequate to construct a 2,000 square foot single family home on the property. Attorney Cowlin stated the proposed zoning complies with the city’s Comprehensive Plant and recently approved Downtown Development Plan. Attorney Cowlin reviewed the Approval Criteria for Zoning Map Amendments as stated in the application. City Planner Martin provided an overview of the Staff Report regarding this petition. He noted Planner Martin stated the surrounding property is developed primarily with single family dwellings. However, there are many non-conforming structures in the area. Planner Martin stated Staff supports the reclassification of the property and acknowledges the proposed zoning and use conforms to the city’s Comprehensive Plan and Downtown Development Plan. Chairman Howell invited questions and/or comments from the Commission. In response to an inquiry, Planner Martin stated he received three telephone calls from neighboring property owners requesting clarification as to the proposed zoning change. When assured the request is actually a down-zoning from multi-family to single-family, the neighbors had no objection to the proposed reclassification. Mr. Harris, responding to further inquiry, stated the architectural design of the new residence would conform to the existing structures in the neighborhood. He assured the commissioners of his intent to make sure the home blends in with the existing architecture in the area. Mr. Harris confirmed he has no immediate plans to build on the property. The residence would be built as a spec home, comprised of approximately 2,000 square feet and would cost in the range of $200,000 to $210,000. City water and sanitary sewer are available for the dwelling. Chairman Howell opened the floor to Public Comment. Chairman Howell swore in the following prior to their questions and/or statements: Gerhard Rosenberg, 3715 Waukegan Road: Mr. Rosenberg expressed his concern that the proposed house architecturally fit in with existing homes in the area. Tom McNamara, 3804 Waukegan Road: Mr. Rosenberg inquired if the rezoning would permit multi-family residences on this property. Planner Martin responded in the negative, noting the property is currently zoned for multi-family. If the reclassification request is granted, the zoning would be changed from multi-family to single-family. Mr. McNamara stated the area is a single- family neighborhood. There are many well-maintained historic structures in the neighborhood. He stated he would like to new home to complement the existing structures and to retain the character of the area. Chairman Howell closed Public Comment at 7:50 p.m. There were no further 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-614, an application for Zoning Map Amendment from RA-1 to RS-4 High Density Single Family District be granted and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance, 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 at 7:51 p.m. Northgate East Subdivision McHenry 31 LLC Chairman Howell stated the request for action is consideration of the Preliminary and Final Plat of Northgate East Subdivision comprised of two lots. The applicant is also requesting four variances from the city’s Subdivision Control and Development Ordinance as follows: 1. Waiver of requirement for sidewalks along Route 31 and Diamond Drive; 2. Cul-de-sac design in non-concentric tear-drop; 3. Detention area design; 4. Utilization of 10” storm sewer pipe as opposed to required 12” storm sewer pipe. In attendance representing the applicant were James Condon of Condon Consulting Engineers; Engineer Jason Schmitt of Condon Consulting Engineers, and Attorney Sam Diamond of McHenry 31 LLC and Diamond, LeSueur and Associates. Mr. Condon stated at this time the developers are proposing at two-lot subdivision. He went over city engineer Smith Engineering Consultants correspondence of May 14, 2004, responding to each point of concern relating to the Final Engineering for this project. In conclusion, Mr. Condon stated the developer’s concur with city engineer’s recommendation to utilize 12” storm sewer pipe. The applicant is therefore reducing the number of requested variances to three. Mr. Condon clarified the remaining variances for the commissioners. He informed the commission the applicant was willing to pay pro rate share for the cost for sidewalk improvements to the city but believes sidewalks should not be installed in this subdivision. Planner Martin noted Staff’s approval of the contribution. Mr. Condon stated the non-concentric tear-drop design of the cul-de-sac meets with the approval of the McHenry Township Fire Protection District. He also noted all pavement and other design requirements for width, materials, thickness, etc. would be met. With regard to the detention area design, Mr. Condon stated the applicant’s are willing to meet with city engineers and Staff in order to work out the details of the detention area design. At this time the applicant is seeking a variance to allow a less costly drainage flow regulatory design. Planner Martin provided Staff comment regarding the proposed Preliminary and Final Plat of Northgate East Subdivision. He noted the applicant is requesting platting of Unit 1, a two-lot subdivision. Planner Martin stated the McHenry Township Fire Protection District was informed of the project. No written response has been received as of this date. Planner Martin stated Illinois Department of Transportation has provided written comments regarding this Final Plat. Planner Martin also referred to Condon Consulting Engineers correspondence of May 19, 2004, noting Staff would meet with the applicant and city engineers Smith Engineering Consultants in order to work out the detention area design issues. Planner Martin stated Staff recommends approval of the Preliminary and Final Plat of Northgate East Subdivision, including variances from the city’s Subdivision Control and Development Ordinance as follows: 1. Permit applicant to make monetary contribution instead of installing sidewalk along Route 31 and Diamond Drive; 2. Permit the applicant to install a non-concentric design cul-de-sac as it would be temporary until the remainder of Northgate East is subdivided and developed; 3. Permit the applicant to install a detention area with a 5/1 slope. In conclusion, Planner Martin stated all engineering questions and issues must be resolved before the Final Plat is presented to City Council for consideration and formal action. Some discussion occurred regarding the 60’ access easement to the north. It was noted Staff recommended the access easement. A lengthy discussion followed regarding the type of restrictor outlet structure device to be utilized in the detention area. Mr. Schmitt stated the difference in cost between the two devices is $8,000-$10,000 for city engineer recommended device; $3,500-$4,000 for applicant’s desired device. Discussion continued. It was finally agreed the applicant’s engineer, Condon Consulting, will meet with city engineer Smith Consulting and Staff to decide the best restriction outlet structure for this project. In response to an inquiry, Mr. Diamond stated one user has come forward, Great Lakes Credit Union. However, due to recent Council action, a conditional use permit will be required in order to place a financial institution at this location. Question was raised as to a traffic study being completed incorporating the build-out of this project. Mr. Diamond stated a traffic study has been completed. The proposed subdivision entrance is sufficient to meet traffic study results and requirements. There were no other comments and/or questions from the commissioners nor from the audience. Motion by Cadotte, seconded by Nadeau, to recommend to the McHenry City Council that the Preliminary and Final Plat of Northgate East Subdivision as prepared by Vanderstappen Surveying, dated 2/2/04 and bearing a revision date of 5/6/04 be approved subject to the following conditions: 1. Final Plat shall be recorded within six months of City Council approval; 2. Variance #3 for stormwater retention, as presented by the applicant, be approved by city engineers; 3. Pavement width, thickness and materials, in accordance with the city’s Subdivision Control Ordinance is used for the turnaround area on the plat; 4. Sidewalk contribution be made in lieu of installing sidewalks along Diamond Drive and Route 31; 5. Approval of the engineering plans by Illinois Department of Transportation; 6. Traffic Study be updated’ 7. Final Engineering be mutually agreed upon among the parties. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: None. Motion carried 7-0. Other Business Planner Martin provided a brief report of the following: a. Adams Farm developer received direction from Council to cluster that portion of the development east of Curran Road; b. Town and Country Homes are presenting a concept plan for development of the Budreck Property. Committee of the Whole Meeting is scheduled for July. They are proposing a neo-traditional design; c. All city ordinances are now online on the city’s website; d. A copy of the 2030 CATS Plan on disc was provided for each commissioner; e. Staff is preparing a downtown overlay district ordinance; f. Riverwalk Design is nearly complete. A lengthy discussion followed regarding limiting the number of single family building permits issued annually. Discussion also occurred regarding the progress of the city’s annexation of pockets of land within the corporate boundaries. Election of Vice Chairman At the suggestion of Chairman Howell, each commission nominated in writing a commissioner to be elected as vice chairman. As a result of the straw poll, Mr. Buhrman was nominated. Motion by Cadotte, seconded by Nadeau, to elect Bill Buhrman as Vice Chairman of the city’s Planning and Zoning Commission. Voting Aye: Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: Buhrman. Absent: None. Motion carried 7-0. Attorney Cahill, Planner Martin, Deputy Clerk Kunzer left the meeting at 9:03 p.m. Discussion on Aesthetics Chairman Howell introduced the subject of aesthetics and asked the Commission for direction: • continue to review existing codes and ordinances; or • make proposals for new policies, ordinances, or programs. The commissioners concurred that the issue of enforcement continues to need attention and there is no benefit in doing any new work as long as enforcement of existing ordinances is not being done consistently. Examples of ongoing enforcement problems include Captain Rod's, Gary Lang, and Buss Ford, among many others. Chairman Howell reminded the commission a request/inquiry had been made to the City Administrator regarding enforcement by Community Development inspectors and the police officers of code violations. This issue still needs to be addressed. Until there is some movement on this, the Commission does not wish to do any further work. Once enforcement concerns have been addressed, it was the consensus of the commission to address the sign ordinance. It was the consensus of the commission that all stated concerns be communicated to Mayor Low by letter. The Chair agreed to compose and send such a letter. Adjournment Motion by Ekstrom, seconded by Cadotte, to adjourn the meeting at 9:35 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.