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HomeMy WebLinkAboutMinutes - 07/01/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION July 1, 2004 The July 1 , 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 Council Chambers. 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. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission as presented: June 17, 2004 regularly scheduled 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: Ricardo and Johanna Martinez File No. Z-620 1803 Redwood Lane Chairman Howell at 7:32 p.m. convened the Public Hearing regarding a request for variance to allow a swimming pool in a required front yard in the premises owned by Ricardo and Johanna Martinez .located at 1803 Redwood Lane. In attendance representing the applicant were Ricardo and Johanna Martinez who were sworn in by Chairman Howell. Chairman Howell stated public notification requirements had been met. Notice was published in the Northwest Herald on June 16, 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. Mr. Martinez provided an opening statement in which he asserted the applicants are seeking a variance to permit a swimming pool in the front yard adjacent to McCullom Lake Road. He stated his lot has double frontage both on Redwood Lane and McCullom Lake Road, which presents a hardship for placement of his pool. Pools are not permitted in the required front yard. City Planner Martin provided an overview of the Staff Report regarding this petition. He noted the subject property is located on a double frontage lot. There is not actual rear yard on the lot. Swimming pools are permitted in rear yards by ordinance. A variance is therefore required in order to place a pool on the subject property. It is Staff’s recommendation to approve the request and that all approval criteria contained in Table 32 of the Zoning Ordinance have been met. P&Z Commission July 1, 2004 Page 2 Chairman Howell invited questions and/or comments from commissioners. In response to an inquiry, Planner Martin stated a 6’ board on board privacy fence has been constructed on the premises. The fence meets code safety requirements for swimming pools, including self-closing self-latching gates. In response to further inquiry, Martin stated the fence has been constructed to enclose the yard but does not include the 10’ utility easement. Mr. Martinez stated the size of the pool is 16’ X 36’ and would not encroach upon the utility easement. Chairman Howell noted there was no one in the audience wishing to make a statement and/or comment with regard to this matter. There were no further comments and/or questions from the Commission regarding the request. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-620, an application for variance to allow a swimming pool in the required front yard adjacent to McCullom Lake Road on the property located at 1803 Redwood Lane as submitted by Ricardo and Johanna Martinez be granted; and that Table 32, the Approval Criteria for Variances, pages 377-378 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 7:42 p.m. Public Hearing: Kimberly Koenen File No Z-618 2210 West Route 120 Chairman Howell read into the record correspondence from the applicant Kimberly Koenen who notified the City of McHenry of her withdrawl of a request for a conditional use to allow outside storage on the property located at 2210 West Route 120. Evergreen Park Subdivision Final Plat In Attendance were Alex Jansen of Centex Homes and Thakor Patel of Jacob Hefner Associates, engineer for the project.. Chairman Howell stated the Commission is reviewing the Final Plat of Evergreen Park Subdivision this evening. P&Z Commission July 1, 2004 Page 3 Mr. Jansen stated the Commission is reviewing the final plat of Evergreen Park Subdivision formerly known as Hallmark Homes. The final plat before the Commission this evening is in general compliance with the previously approved Hallmark Homes concept plan (preliminary plat). Mr. Jansen provided the Commission with architectural renderings of the proposed townhomes which would be constructed in the 26-building 104-unit subdivision. He noted the brick monument subdivision entry sign would architecturally match the buildings. He requested the Commission recommend approval of the final plat. In addition, Mr. Jansen noted the applicants are seeking five variances to the Subdivision Control and Development Ordinance: 1. Permit the buildings to be located less than 75 feet from the detention basins; 2. Permit the bottom of the detention pond to have less than a 2% slope with .5% minimum with underdrains. 3. Permit the inverts of the storm sewers of differing diameters not to match at 0.8 depth points due to the flat topography; however, the developers will match 0.8 depth points wherever they can; 4. Permit minimum underdrain diameter of six inches as opposed to the required minimum of 10 inches; 5. Permit the storm sewer to be constructed of ADS instead of the required RCP along the perimeter of the site. City Planner Martin provided an overview of the Staff Report regarding the request for Final Plat approval. He noted the proposed final plat is in substantial compliance to the approved concept plan (preliminary plat). The applicant has addressed all engineering concerns submitted by the City Engineers. The McHenry Township Fire Protection District expressed no concerns regarding the subdivision layout. The school districts have provided no written or verbal comment. In conclusion, Planner Martin stated it is Staff’s recommendation to approve Evergreen Park Final Plat subject to: • Compliance with all recommendations of the City Engineer and Public Works Department; • Recording of Final Plat within six months of City Council approval. Staff further recommends that the five requested variances to the Subdivision Control and Development Ordinance be granted. Chairman Howell invited questions and/or comments from commissioners. Responding to an inquiry, Planner Martin stated the open space and surface water drainage areas will be maintained by the Homeowner’s Association. It is Staff’s intention to implement a backup special service area to pay for maintenance in the event the Association does not adequately take care of it. In addition, Staff is recommending subdivision covenants be developed. Mr. Patel stated in response to a question that the closest distance between a building and the detention area is approximately 30 feet. He noted the reason for the recommended 75 foot setback is to eliminate the possibility of water seepage in basements. As none of the buildings would have a basement the 75 foot setback is not actually needed. P&Z Commission July 1, 2004 Page 4 Question was raised as to the possibility of pedestrian walkway between lots 4 and 5. It was noted this would be hindered by the Home Depot detention basin adjacent to these lots. In order to construct a pedestrian walkway to the commercial site a bridge across the detention basin would be required. Further discussion occurred regarding the public/private status of Blake Boulevard. Planner Martin noted the roadway is partially private and partially public. In response to an inquiry, Planner Martin stated the proposed final plat is largely in conformance with the concept plan which was approved as a part of the annexation agreement. Consequently, sideload garages have not been included. Planner Martin further noted a traffic study has been done regarding the entry of the development from Blake Boulevard. The location of the access point and proposed sight lines have been approved. In response to questioning by the commission, Planner Martin stated no comments had been received from either School District 15 or School District 156. Responding to an inquiry, Planner Martin stated preliminary engineering regarding off-site drainage flow has been approved. Mr. Patel, noting the pre-existing drainage problems with Olde Mill Ponds Subdivision, stated the developers have included 1.25 more acres than required for the detention of Evergreen Park development. Following some discussion, Commissioners expressed concern for the city having to pay for the drainage improvements at Old Mill Ponds Subdivision and they do not want a similar situation to occur due to the development of Evergreen Park. Further discussion followed regarding the possibility of the Evergreen Park Subdivision exacerbating the already difficult drainage problems in this part of town. Mr. Jansen stated the construction of the buildings would be according to the city’s building code. Commissioners suggested the builder utilize a vapor barrier to prevent mold and mildew. Additionally, the builder should check for radon. Chairman Howell noted there was no one in the audience wishing to make a comment and/or question with regard to this matter. Motion by Cadotte, seconded by Nadeau, to recommend to the McHenry City Council that: 1. Evergreen Park Subdivision be granted the following variances from the City of McHenry Subdivision Control and Development Ordinance: a. Permit the buildings to be located less than 75 feet from the detention basins; b. Permit the bottom of the detention pond to have less than a 2% slope with .5% minimum with underdrains; c. Permit the inverts of the storm sewers of differing diameters not to match at 0.8 depth points due to the flat topography; however, the developers will match 0.8 depth points wherever they can; d. Permit minimum underdrain diameter of six inches as opposed to the required minimum of 10 inches; e. Permit the storm sewer to be constructed of ADS instead of the required RCP along the perimeter of the site. P&Z Commission July 1, 2004 Page 5 2. Evergreen Park Subdivision Final Plat as prepared by Jacob & Hefner Associates dated May13, 2004 and bearing a latest revision date of June 8, 2004 be approved subject to the following: • The Final Plat shall be recorded within six months of City Council approval; • The Final Plat shall comply with all recommendations of the City Engineer and Public Works Department. Voting Aye: Cadotte, Ekstrom. Voting Nay: Buhrman, Howell, Nadeau, Schepler, Thacker. Not Voting: None. Abstained: None. Absent: None. Motion failed 2-5. Chairman Howell stated the garage-scape is a still a problem. He stated he voted no on the preliminary and continues to vote no on the final plat. Commissioner Nadeau stated the final plat is a carbon copy of the concept plan. He opined the subdivision layout should show more imagination. He also stated he has drainage concerns as the surrounding area contains many wetlands and already is the subject of drainage issues. Commissioner Schepler stated he has drainage concerns and that the engineering has not addressed the frequent 100-year storms which seem to be prevalent. Commissioner Thacker concurred with Commissioner Schepler. He stated he has grave concerns regarding drainage particularly as the city has been made to underwrite the cost of correcting the Olde Mill Ponds drainage problems. Commissioner Buhrman state drainage issues have not been satisfactorily addressed. Chairman Howell closed this portion of the meeting at 8:16 p.m. Other Business Planner Martin provided a brief report of recent Council action. He also noted at the Community Development Meeting scheduled for July 14th , the MUDD will be discussed, as well as lighting guidelines. Commissioner Schepler, noting Alderman Glab had distributed agenda materials for the Wednesday, July 7, 2004 meeting, asked if Alderman Glab could have the floor to address his concerns regarding the agenda item. Alderman Glab addressed the Commission regarding his concerns about Agenda Item #10 of Council’s Agenda. The topic is “Request for Temporary Use – Community Resource Center Modular Unit”. P&Z Commission July 1, 2004 Page 6 In response to Chairman Howell’s inquiry, Planner Martin stated the China Light building is progressing in its repair and renovation efforts. Planner Martin also will investigate weed control on Borden Street behind the car wash. Chairman Howell stated he met with Mayor Low in response to his correspondence regarding the aesthetics committee status. It was his belief the Commission should start over as a result of the new administration. The aesthetics committee was initiated by the former mayor. He stated Mayor Low is open to dialogue with the Commission regarding the Planning and Zoning Commission’s role regarding aesthetics. One possibility is to include aesthetics issues within new subdivision covenants. It was Chairman Howell’s belief that the Commission should begin again at the Community Development Committee to discuss aesthetics and the Commissions role for regulation and enforcement in the city. In response to an inquiry, Planner Martin stated the annexation of unincorporated islands of land is not an active issue before Council at this time. It was the consensus of the Commission to have the Chairman write a letter to the Mayor alerting her to the Commission’s position regarding the re-initiation of efforts to incorporate the parcels into the city. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:40 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.