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HomeMy WebLinkAboutMinutes - 08/17/2006 - Planning and Zoning Commission City of McHenry Planning and Zoning Commission Meeting August 17, 2006 Chairman Howell called the August 17, 2006 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:32 p.m. in the McHenry Municipal Center Council Chambers. In attendance were commissioners Buhrman, Cadotte, Howell, Nadeau, Thacker. Absent: Ekstrom, Schepler. Also in attendance were Planner Zeller, City Attorney Cahill, Deputy Clerk Kunzer. Approval of Minutes Motion by Cadotte seconded by Nadeau, to approve the August 3, 2006 regularly scheduled meeting of the Planning and Zoning Commission as presented. Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Schepler. Motion carried 5-0. Public Hearing – Robert Pruchniak File No - Z-679 3908 John Street Chairman Howell called to order a Public Hearing at 7:34 p.m. regarding File No. Z-679, an application for a conditional use permit to allow the outside storage of portable toilets, work vans and dump truck as submitted by Applicant Robert Pruchniak for the property located at 3908 John Street. Chairman Howell stated Notice of the Public Hearing was published in the Northwest Herald on July 31, 2006. A Publisher’s Certificate of Publication is on file in the City Clerk’s Office. Certified notices were mailed to all abutting property owners of record. An affidavit of service is on file in the City Clerk’s Office. In attendance were Applicant Robert Pruchniak and Attorney Steven Cuda. Chairman Howell swore in Mr. Pruchniak. Also in attendance were the following persons who wished to address the Commission regarding this matter: 1. Steve Poltera, 3707 Lee Street, McHenry IL 60050 2. Michael Oliver, P O Box 1802, McHenry IL 60051. Attorney Cuda stated the Applicant is seeking a conditional use permit to allow outside storage of portable toilets and work vehicles associated with his Community Septic and Sewer business. The site is the former location of a sheet metal shop and was most recently occupied by Bob’s Diesel Motors. The Applicant has met with Staff and has agreed to provide landscaping to buffer the site from view. The Applicant has also agreed to extend the water main Along John Street to his property. Attorney Cuda noted Mr. Pruchniak will do whatever is necessary to alleviate the concerns of his neighbors. There will be no flushing or cleaning of portable toilets on the site. The units will be cleaned elsewhere. Mr. Pruchniak has also agreed to construct an 8’ privacy fence to shield the storage of the portable toilets from view. Planning and Zoning Commission August 17, 2006 Page 2 Planner Zeller provided the Commission with a Staff Report regarding this project. She noted the property has previously been utilized for outside storage of industrial uses. The Applicant has already begun to clean up the property. The proposed modifications to the site will help to clean up the old part of town. Planner Zeller noted this will be a clean business. The Applicant is seeking the conditional use permit to allow outside storage of equipment and supplies needed to operate his business. Staff recommends approval of the Applicant’s request. Chairman Howell invited comment and questions from the commissioners. Responding to an inquiry, Mr. Pruchniak stated he would typically store 20-30 portable toilets on the premises. He noted he has a larger supply on hand at the present time as he recently had to purchase 50 new units due to recent demand. In response to further inquiry, Mr. Pruchniak stated the 16 foot wide gate would be locked at night. The 8 foot high privacy fence would surround the property and shield the storage from view. In response to a question, Mr. Pruchniak stated the County Health Department would be the monitoring agency. The Health Department has the power to condemn a facility for uncleanliness but it has never happened to the Applicant. Mr. Pruchniak noted the portable toilets are cleaned on the site of their use, i.e. festivals, construction sites, etc., prior to the units being returned to the premises for storage. Question was raised as to the purpose of the aeration unit shown on the site plan. Mr. Pruchniak responded it is a 4’ by 5’ fiberglass tank used to inject are into a portable septic system to allow a different type of enzyme to be produced to help reduce sludge. Responding to a question, Mr. Pruchniak stated the existing cyclone fence will be removed prior to the installation of the new privacy fence. Commissioners inquired as to the hours of operation of the business. Mr. Pruchniak stated his business opens at 8 a.m., sometimes as early as 7 a.m., and most days closes at 5 p.m. No truck maintenance will occur outside of the building. Only routine maintenance would be done on his vehicles on the premises. Commissioner Thacker reported he recently spoke to adjacent business owner, Perry Moy, who expressed no opposition to the proposed use of this property. Chairman Howell invited Public Comment from the audience. The following were sworn in by Chairman Howell: Steve Poltera: Mr. Poltera stated he owns property at 3929 Main Street and has an accounting business. One of his clients operates a similar business to Mr. Pruchniak. Mr. Poltera obtained information from his client and provided the commissioners with an explanation of how septic tank trucks are unsanitary, odorous and unsightly. He noted the smells emanating from the site would be extremely intolerable, especially during warm weather. He stressed he has three major areas of contention regarding the location of this business on the premises: 1. By storing septic tank trucks on the site, bad smells will permeate the neighborhood; 2. Leaking gaskets and/or valves on the truck would cause seepage of effluent from the truck; Planning and Zoning Commission August 17, 2006 Page 3 3. Environmental and soil contamination issues from the truck and/or the portable toilets being dumped or cleaned on the premises. Mike Oliver: Mr. Oliver stated he is the owner of the property located at 3931 Main Street which is adjacent to the subject property. He reported he was alerted to the situation by his tenants. He stated he does not have a problem with Mr. Pruchniak, but he believes the subject property is not a good fit for this type of business. He noted the adjacent grocery store and new restaurant in the area. He also opined it will be difficult to lease his apartment tenant space due to the view and odors emanating from the site. Mr. Oliver presented photos taken from his tenant space displaying the portable toilets and other equipment being stored on the subject property. Chairman Howell closed the Public Comment at 7:58 p.m. Mr. Pruchniak responded to the objectors, explaining the cleaning process he goes through following a septic pump and cleanout. He stated he always has a 5-gallon bucket full of water to rinse the hoses following their use. He noted his business motto is “Fast, Friendly, and Clean Service”. Mr. Pruchniak also explained when he has problems with a gasket or valve he changes it immediately. He stated his truck has been approved by the Environmental Protection Agency (EPA). A lengthy discussion followed regarding where the septic tank trucks are currently being stored. Mr. Pruchniak stated his backup truck is stored outside, but is rarely used. The good truck, which is used most time, is stored inside and is usually cleaned out prior to being stored. Responding to an inquiry, Mr. Pruchniak stated all sewage is dumped at Fox Lake Treatment Plant or Lake in the Hills Treatment Plant. In response to further inquiry, Mr. Pruchniak stated portable toilets are vacuumed out by the septic tank truck. Attorney Cuda asked the Applicant if he would agree that any truck coming onto the premises containing effluent would be stored inside of the building. Mr. Pruchniak agreed to that stipulation. He noted the only reason a truck would come back to the site with effluent would be if it were called out for service and finishes after the treatment plants have closed for the day. It was pointed out much discussion has occurred regarding the storage of the septic tank pump trucks which were not shown on the site plan as being stored outside. In response to an inquiry, Mr. Pruchniak stated both pump trucks would be stored inside of the building at all times. Responding to an inquiry regarding enforcement of the inside storage and odors emanating from the site, Attorney Cahill stated the Commission could add a condition to the conditional use permit ensuring that no septic odor shall escape from the subject property as a result of the proposed use. In closing, Mr. Cuda provided the commissioners with an aerial photo of the surrounding area, and indicated all of the outside storage by other businesses. He noted portable toilets today are all made of fiberglass and easily cleaned and sanitized. Staff has been working with his client since early spring attempting to make this proposed conditional use acceptable to the City. The construction of the 8’ privacy fence should help to alleviate concerns of the neighbors as the site will be shielded from view. Planning and Zoning Commission August 17, 2006 Page 4 Responding to an inquiry, Mr. Pruchniak stated he would be willing to limit the number of portable toilets being stored on the premises to 50 at any one time. Discussion occurred regarding the parking surface on the site. Commissioners inquired whether the Applicant should be required to pave the parking surface. Planner Zeller stated that because this is an existing site, and, since no alteration to the general use or expansion of the site was proposed, Staff determined that the parking lot would not need to be paved. She also stated that paving the lot would cause more sheeting of surface water. Planner Zeller stated she would confirm with Director of Community Development Napolitano if this requirement had been discussed and waived due to these facts. Motion by Cadotte, seconded by Buhrman, to recommend to City Council, with regard to File No. Z-679, a request for a conditional use permit to allow outside storage of up to fifty portable toilets, two work vans, a dump truck, and a work trailer for the property located at 3908 John Street as submitted by Robert Pruchniak, be approved subject to the following conditions: 1. No trucks used for septic tank waste pumping shall be stored outside on the premises and that no trucks used for septic tank waste pumping shall be stored inside unless emptied and cleaned; 2. No septic tank waste odors shall emanate from the site; 3. Portable toilets shall not be cleaned on the premises; 4. Portable toilets must be clean while on the premises; 5. An 8’ privacy fence shall be constructed around the entire perimeter of the site; 6. A maximum of fifty portable toilets shall be stored on the site at any one time; and that Table 31, the Approval Criteria for Conditional Use Permits, page 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Nadeau, Thacker. Voting Nay: Howell. Not Voting: None. Abstaining: None. Absent: Ekstrom, Schepler. Motion carried 4-1. Comments by Commissioners: Buhrman: As long as the conditions are met, he has no problem with the use at this location. Cadotte: He noted he was surprised to find septic tank pumping trucks were being stored on the site. He agreed if the conditions are followed, he supports the conditional use permit. Chairman Howell: He concurred with the neighbors who stated this is not a good fit for this area. This site is near to downtown and the Riverwalk. He agrees the odors emanating from the site may be a problem. Nadeau: Concurred with Buhrman and Cadotte. Thacker: The employees cleaning the equipment will be monitored by the owner. Chairman Howell recessed the Public Hearing at 8:28 p.m. Planning and Zoning Commission August 17, 2006 Page 5 Public Hearing – Edna Paddock File No. - Z-685 Zoning Map Amendment Chairman Howell at 8:29 p.m. convened a Public Hearing regarding File No. Z-685, a proposed zoning map amendment to RS-4 High Density Single Family District upon annexation to the City as submitted by property owner Edna Paddock for her property located at 3012 West Lincoln Road. Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on July 29, 2006. A Certificate of Publication is on file in the City Clerk’s Office. Certified notices were mailed to all abutting property owners of record. Receipts are on file as is an Affidavit of Service as required by Zoning Ordinance. In attendance was Gene LaFontaine who represented the Applicant, his sister-in-law, Edna Paddock. Mr. LaFontaine was sworn in by Chairman Howell. Mr. LaFontaine stated his sister-in-law would like to annex her property so that she can connect to municipal sewer and water. Although municipal water is not available at this time, she would like to connect to the water main when available. She is aware of the probable cost of connection to the municipal sanitary sewer, including capital development fees, tap-on fees, monthly rates, etc. Also in attendance were the following: 1. Gerhard Rosenberg, 3716 Waukegan Road, McHenry, IL. Planner Zeller provided the Commission with a Staff Report regarding the project. The Applicant is seeking annexation to the City so that she can connect to City sanitary sewer and pay in-City rates for monthly service. The proposed zoning is consistent with the RS-4 District bulk area requirements. Ms. Zeller noted while sanitary sewer is readily available to the site, City water is several hundred feet away and not available to the Applicant at this time. Staff recommends approval of the requested zoning map amendment. Chairman Howell invited questions by the commissioners. Suggestion was made by the Commission that all properties along Lincoln Road be annexed at one time rather than a piecemeal approach. It was noted the Lincoln Road properties are not surrounded on all side and cannot be forcibly annexed. Some discussion followed regarding the City’s stance on forcible annexation of various islands throughout the City which are surrounded on all sides and could conceivably be annexed to the City. Planner Zeller noted Administration and Council’s view at this time does not include forcible annexation of islands of land into the City. Discussion continued regarding this topic. Chairman Howell opened the floor to audience comment and questions regarding this matter. The following were sworn in by the Chairman prior to their turn at the podium: Gerhard Rosenberg: Mr. Rosenberg inquired as to the cost for connection to City water and sanitary sewer. Planner Zeller summarized the various costs including capital development fees, plumbing inspections, meter cost and tap-on fees. She noted connection from the property line to Planning and Zoning Commission August 17, 2006 Page 6 the residence as required by private plumber is an additional cost which must be borne by the applicant. Chairman Howell closed the Public Comment portion of the Public Hearing at 8:37 p.m. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-685, a request for zoning map amendment to RS-4 High Density Single Family District for the property located at 3012 West Lincoln Road upon annexation to the City, be approved; and that Table 33, the Approval Criteria for Zoning Map Amendments, page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Schepler. Motion carried 5-0. Comments by Commissioners: Cadotte: He would prefer the City annex all of the properties along Lincoln Road at one time. Chairman Howell: He encouraged Council to re-consider its stance on forcible annexation of various islands of land throughout the City. Thacker: Concurred with Chairman Howell. The Public Hearing was closed at 8:39 p.m. Other Business Commissioners inquired as to the status of the Fuhler Project located at the northwest corner of the intersection of Route 120 and Ringwood Road. Planner Zeller responded there have been several engineering issues raised by IDOT. The developer is finally preparing to submit final set of engineering and final plat for City consideration and approval. Commissioners expressed concern regarding the former Captain Rod location and new outside storage uses occurring and the Gary Lang Property which continues to be used for storage of vehicles on unpaved surfaces. Chairman Howell noted Mr. Lang is preparing to expand his business. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:45 p.m. Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Schepler. Motion carried 5-0. Planning and Zoning Commission August 17, 2006 Page 7 The meeting was adjourned at 8:45 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission Secretary