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HomeMy WebLinkAboutMinutes - 07/18/2002 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION July 18, 2002 The July 18, 2002 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Franzen at 7:30 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Ekstrom, Franzen, Howell (arrived at 7:32 p.m.), Nadeau. Absent: Cadotte, Thacker. Staff in attendance: City Attorney Cahill, City Planner Martin, Deputy Clerk Kunzer. Public Hearing: William and Nancy Nettleton File No: Z-551 Chairman Franzen at 7:32 p.m. called to order the Public Hearing regarding the Petition filed by William and Nancy Nettleton for reclassification to C5 Highway Commercial Zoning District, use variance to permit residential land use for a period not-to-exceed three years, and variance as to the front yard setback for the property located at 3100 and 3102 Lincoln Road, upon annexation to the City of McHenry. In attendance were Attorney Richard Nakon and Petitioner William Nettleton, who arrived at 7:40 p.m. Chairman Franzen swore in Mr. Nakon and Mr. Nettleton. Attorney Nakon provided an overview of the petition, noting the Nettletons are anticipating annexation to the City of McHenry of their property located at 3100 and 3102 Lincoln Road. The subject property is surrounded by the Watertower Marina property which was annexed in August 1995 as part of the East of the Fox River annexations. The subject property will be connected to City water and sewer. The applicants are seeking zoning of C5 Highway Commercial upon annexation. In addition, the applicants are seeking use variances for each of the properties so they can continue to be utilized as residential dwelling units for a period of time not-to-exceed three years. Due to the location of the structure existing at 3102 Lincoln Road, a request for variance as to the front yard setback is also being sought. Ordinance requires a 30 foot setback which is ten feet more than the existing twenty foot setback. Mr. Nakon stated while the Applicants are currently seeking C5 Commercial Zoning, at this time they are not sure how they will develop this property commercially. They believe the development plan will be designed within the three-year window obtained for the use variance. Attorney Nakon noted the Applicants have been working to make the subject property more aesthetically pleasing. Attorney Nakon stated the Applicants would like to retain the existing four billboards on the premises. In response to an inquiry, Mr. Nakon stated there are currently no leases for Billboard advertising on the premises. Planner Martin noted as per the City Zoning Ordinance, Billboards are permitted as a conditional use in a C5 zoning district. However, they are permitted as a principal use only. Since, the Applicants are seeking a use variance to permit residential land use, the Billboards would not be permitted on this site. The ordinance restricts billboards from being located within 100’ of a residential zoning district. In response to further inquiry, Mr. Nakon stated the Charles Street vacation was recorded in 1982 as noted in the legal description on the Plat of Survey. Planner Martin went over the Staff recommendation. Mr. Nettleton requested an amendment to Staff’s recommendation allowing for paving of the gravel surface within 1 year as opposed to the six months stated in the recommendation. Mr. Nettleton also requested the City consider allowing him to retain the Billboards, at least for the three years the property would be utilized as residential units. Page 2 P&Z Commission 7/18/02 Planner Martin noted it is Staff’s recommendation the Billboards be removed within 90 days, particularly since there are currently no advertising leases in place for the signs. He stated if the signs are permitted to remain, the Applicant could lease the advertising space, and make it more difficult to remove the signs from the premises. Some discussion followed regarding the status of the Billboards and the requirement of another public hearing and publication should the Applicants request a conditional use for them. In response to Chairman Franzen’s inquiry, there was no public comment regarding the Nettleton Petition for zoning, use variance and front yard setback variance. In closing, Attorney Nakon stated the Applicants request an affirmative recommendation to City Council for their petition for rezoning, use variance, and front yard setback variance for 3102 Lincoln Road upon annexation. He asked the Board to amend the conditions placed by Staff on the request for a variance to permit the paving of the gravel surface within one year of Council approval. Additionally, he requested consideration be given to extending the amortization period for the Billboards removal from the site. Attorney Nakon noted his client intends to annex to the City and believes this would be a valuable addition to the community. Motion by Buhrman, seconded by Nadeau, to recommend to the City Council that the request to zone the property located at 3100 and 3102 Lincoln Road to C5 Highway Commercial Zoning District upon annexation to the City be granted; and that Table 33, the Approval Criteria for Zoning Amendments, page 401 of the Zoning Ordinance has been met. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Thacker. Motion carried 5-0. Motion by Howell, seconded by Ekstrom, to recommend to the City Council that the request to grant a use variance to permit residential land use for the property located at 3100 Lincoln Road and 3102 Lincoln Road be granted; that the request for variance to permit a twenty foot front yard setback on the property located at 3102 Lincoln Road be granted; subject to the following conditions: 1. Homes must be inspected upon annexation for compliance with minimum code standards for residential occupancy; 2. Sunset clause shall be applied and residential use shall expire three years from the date of passage of ordinances annexing and zoning the property; 3. Gravel driveway shall be paved at 3102 Lincoln Road within one year of passage of the ordinances annexing and zoning the property; 4. All Billboards shall be removed from both properties within ninety days of annexation to the City; 5. Properties shall be improved aesthetically once annexed to the City, including a. single fence type/style on each property b. additional landscaping to be planted on each property c. shrubs, weeds, and overgrowth to be trimmed and maintained d. general property maintenance codes shall be followed; Page 3 P&Z Commission 7/18/02 6. An accurate Plat of Survey shall be submitted prior to Council consideration of the applicants request; and that Table 32, the Approval Criteria for Variances, pages 377-378, and Table 32A, the Approval Criteria for Use Variances, page 379, have been met. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Thacker. Motion carried 5-0. Motion by Howell, seconded by Nadeau, to close the Public Hearing at 8:03 p.m. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Thacker. Motion carried 5-0. North Gate Development West Final Plat In attendance were Jim Schaid, of Remax Plaza and principal of McHenry 31 LLC, Jason Schmitt of Condon Consulting Engineers, and Jim Condon of Condon Consulting Engineers. Mr. Schmitt provided an overview of the North Gate Development West. He noted the project is 23.09 acres located north of Home Depot on the west side of Route 31. Twenty-one lots are proposed, including sixteen sliver lots. Drainage will be contained in four detention basins. A wetlands permit application has been made to the Army Corps of Engineers. Wetlands have been delineated by Encap. The development will have curbs and gutters. The development will have a single access point onto Route 31 at Diamond Drive. An internal cul-de-sac, Schaid Court, will be 200’ in length. Mr. Schmitt noted the entire development will be served by City water and sanitary sewer. There is a lift station shown on Outlot C. He also noted Outlot B will not be developed with the exception of the construction of a detention basin. Per Subdivision Control Ordinance streetlights will be provided. However, pro rata sidewalk monies will be contributed to the Sidewalk Fund in lieu of sidewalk installation in the development. In response to an inquiry, Mr. Schmitt noted there will be complete access around each building within the development as requested by the McHenry Township Fire Protection District. This will be addressed at the time of each building permit application and issuance. The Illinois Department of Transportation (IDOT) has recommended full access from Diamond Drive onto Route 31. IDOT has, however, requested an increase in the taper of Route 31 to 250’ and to increase the stacking to 200’. Mr. Schaid noted the developers have provided an easement at the northeast corner of the development which will be dedicated to the City for entry signage. Page 4 P&Z Commission 7/18/02 In response to Chairman Franzen’s inquiry, Planner Martin stated Staff’s only concern at this time is the delineation of the Wetlands and the obtaining of the permit to construct the roadway across the Wetlands. In response to Chairman Franzen’s inquiry, there was no one in the audience wishing to address the Commission with regard to the North Gate Development West. Motion by Buhrman, seconded by Nadeau, to recommend to the City Council that the North Gate Development West Final Plat prepared by Vanderstappen Surveying on May 13, 2002, last revised, June 11, 2002, be approved, subject to the following: 1. Access be provided around all sides of every building constructed on the subject property, in accordance with the McHenry Township Fire Protection District’s request; 2. Applicant shall pay cost of sidewalk improvements to the City on a pro rata share as each building permit is issued; 3. Applicant must have an approved wetlands permit from the Army Corps of Engineers, prior to Council consideration of the Final Plat; 4. Applicant shall comply with all requirements and recommendations of the Public Works Department and City Engineer , prior to Council consideration of the Final Plat. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte, Thacker. Motion carried 5-0. Other Business Planner Martin announced there would be no Commission meeting on August 1, 2002. A Meeting has been scheduled for August 15th. Agenda for this meeting will include a Public Hearing regarding a church in Inland Business Park and redevelopment of the Kleinhans property on Route 120 east of the Fox River. Motion by Ekstrom, seconded by Howell, to adjourn the meeting at 8:35 p.m. Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Cadotte, Thacker. Motion carried 5-0. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Secretary Planning and Zoning Commission C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicant, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.