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HomeMy WebLinkAboutMinutes - 07/19/2007 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting July 19, 2007 Vice Chairman Buhrman called the July 19, 2007 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, Ekstrom, Nadeau, Schepler, Thacker. Absent: Howell. Also in attendance were: Attorney Jennifer Gibson, Director of Community Development Napolitano, Planner Jurs, Deputy Clerk Kunzer. Approval of Minutes No minutes were presented for approval as they were not distributed in the Agenda Packets for Commission review prior to the meeting. Public Hearing: Andreas and Deborah Szechowycz File No. Z-684 Brook Estates Zoning, Variance and Preliminary Plat Approval Vice Chairman Buhrman called the Public Hearing to order at 7:32 p.m. regarding File No. Z- 684, an application for the following as submitted by Andreas and Deborah Szechowycz for their property located at 804 Ridge Road: 1. zoning map amendment to RS-1 Low Density Single Family Residential District upon annexation to the City; 2. variance to reduce front yard setback to allow existing structures to remain until new home is built; 3. preliminary plat approval. In attendance were applicants Andreas and Deborah Szechowycz; Attorney Mark Saladin of Zanck, Coen and Wright; Engineer Russell King., who were all sworn in by Vice Chairman Buhrman. Notice of the Public Hearing was published in the Northwest Herald on June 30, 2007. 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. Attorney Saladin stated the applicants are seeking preliminary plat approval of Brook Estates Subdivision which there are developing and constructing on their own. The property is located on the east side of Ridge Road, abutted on three sides by Deerwood Estates Subdivision. The applicants into to annex their property into the City and develop the 6.45 acres similar to Deerwood Estates Subdivision. The proposed subdivision would be comprised of 6 lots developed around a cul-de-sac. Attorney Saladin noted there currently exist a single family home and outbuildings on the subject property. The applicants are seeking RS-1 zoning to be consistent with Deerwood Estates Subdivision. The applicants are also requesting a variance to permit a temporary front yard setback to allow the continued existence of the single family home and outbuildings on the site until such time as the applicants build their new home on one of the new lots created following subdivision of the property. Attorney Saladin stated it is the applicant’s intent that the variance Planning and Zoning Commission July 19, 2007 Page 2 be granted for a 7-10 year period only. Once the applicant’s construct their new home, they intend to demolish the existing home and outbuildings, and the variance would no longer be needed. Planner Jurs provided the commissioners with the Staff Report regarding this matter. She noted the applicants are seeking to annex their property comprised of 6.45 acres. They are seeking RS- 1 zoning upon annexation, a variance to permit the temporary existing of the single family residence and outbuildings on the property, and preliminary plat approval of Brook Estates Subdivision. The Plat has been reviewed by City engineers who have determined it basically conforms to the City’s Subdivision Control and Development Ordinance. Planner Jurs noted it is Staff’s recommendation that variance be requested for a specific period of time, perhaps 7-10 years, so that it does not run with the land. Vice Chairman Buhrman opened the floor for questions and comments from the commissioners. Responding to an inquiry, Mr. Andreas stated should City water and sewer services become available, he would be willing to connect to them. However, at this time, municipal services are not available for the subject property. In response to a question, Mr. Andreas stated subdivision covenants and restrictions will be created specifying that the homeowners would be responsible for maintenance of retention/detention areas as well as maintenance of the cul-de-sac. Commissioners inquired as to the size of the homes within the subdivision. Mr. Andreas responded the size of the residences would be consistent with those found in Deerwood Estates. Building size restrictions would be stated in the subdivision covenants and restrictions. Director of Community Development responded to a question noting the McHenry Township Fire Protection District has not reviewed the proposed subdivision layout. However, the cul-de- sac conforms to the requirements of the Subdivision Control and Development Ordinance. Brief discussion regarding the proprietorship of the adjacent roadway occurred. Director Napolitano stated the roadway is currently under the jurisdiction of McHenry Township. Upon annexation the road would be turned over to the City. Responding to an inquiry, Director Napolitano stated the road and cul-de-sac in the subdivision would be constructed according to City standards. Question was raised as to the relocation/capping of the existing well once Lot 5 has been sold for development. Engineer King stated the well would be closed and capped pursuant to McHenry County Health Department requirement. Each lot would be required to have its own well and septic system contained on its own property. Mr. King noted Lot 5 could not be sold until the well contained on it had been moved to an appropriate location. This language is contained in the Health Department Certification contained on the Plat. Commissioners inquired as to the proposed duration of build-out for the subdivision. Mr. Szechowycz responded he hopes to finish build out of the subdivision within seven to ten years, depending upon the state of the economy. He noted he intends to construct his new residence on either Lot 3 or Lot 4. Planning and Zoning Commission July 19, 2007 Page 3 Some discussion followed regarding the length of the proposed front yard setback variance. Attorney Saladin stated the Applicant would be willing to come back to the City to seek an extension if build out does not occur within the specified timeframe. Vice Chairman Buhrman inquired if there were any questions or comments from the audience regarding this matter. There were none. Attorney Gibson noted this matter required three separate motions be made: 1. Granting zoning to the subject property; 2. Granting a front yard setback variance; 3. Approving Preliminary Plat of Subdivision for Brook Estates. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File No. Z-684, a request for zoning map amendment to RS-1 Low Density Single Family Residential Zoning District be granted upon annexation to the City, be granted; and that Table 33, the Approval Criteria for Zoning Map Amendment, page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried. 6-0. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File No. Z-684, a request for Preliminary Plat approval of Brook Estates Subdivision, as prepared by Vanderstappen Surveying and Engineering Inc. dated 8/7/06 last revised on 4/17/07, be approved, and that the applicants have met the requirements of the City of McHenry Subdivision Control and Development Ordinance. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried. 6-0. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council with regard to File No. Z-684, a request for variance as to front yard setback to allow the continued existing use of the existing home and detached garage on Lot 6 for a period not-to-exceed seven years; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Cadotte. Voting Nay: Buhrman, Ekstrom, Nadeau, Schepler, Thacker. Not Voting: None. Abstained: None. Absent: Howell. Planning and Zoning Commission July 19, 2007 Page 4 Motion failed 1-5. Motion by Nadeau, seconded by Schepler, to recommend to the City Council with regard to File No. Z-684, a request for variance as to front yard setback to allow the continued existing use of the existing home and detached garage on Lot 6 for a period not-to-exceed ten years; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried 6-0. Vice Chairman Buhrman closed the Public Hearing at 7:55 p.m. Public Hearing: City of McHenry File No Z-708 Subdivision Control and Development Ordinance Text Amendment Vice Chairman Buhrman at 7:59 p.m. reconvened the Public Hearing regarding File No. Z-708, a for text amendment of the City’s Subdivision Control and Development Ordinance. The Public Hearing was initially scheduled for Thursday, July 5, 2007 and was recessed to today’s date. In attendance was Director Napolitano who highlighted the general areas of modification to the City’s Subdivision Control and Development Ordinance. Notice of the Public Hearing was published in the Northwest Herald on June 18, 2007. The Certificate of Publication is on file in the City Clerk’s Office. Director Napolitano noted the Subdivision Control and Development Ordinance was revised and adopted in 2004. Since that time, Staff has noted several discrepancies, typographical errors and amendments which should be made to the ordinance, so that it more accurately reflects Staff requirements in the development of subdivisions. Director Napolitano cited lift stations as one item which should be standardized throughout the City, so that if mechanical failures occur, the parts can be easily replaced. He noted components of City infrastructure should be standardized for ease of replacement/repair. General discussion occurred regarding typographical error found within the text of the ordinance. Director Napolitano stated all errors would be rectified prior to the revised ordinance being presented to City Council for consideration and approval. It was noted the City is no longer recommending that Ash Trees be planted due to the existence of the Emerald Ash Borer. The Ash Tree was therefore removed from the recommended tree list found in the Technical Specifications Manual. Planning and Zoning Commission July 19, 2007 Page 5 In response to Vice Chairman Buhrman’s inquiry, there was no one in the audience wishing to comment or ask questions regarding this matter. Motion by Ekstrom, seconded by Schepler, to recommend to City Council, with regard to File No. Z-708, a request for text amendment to the City’s Subdivision Control and Development Ordinance, be approved. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Howell. Motion carried 6-0. Vice Chairman Buhrman closed the Public Hearing at 8:21 p.m. Other Business There was no Other Business before the Commission. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 8:21 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Howell. Motion carried 6-0. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry