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HomeMy WebLinkAboutMinutes - 09/04/2003 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION September 4, 2003 The September 4, 2003 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:35 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom , Franzen, Howell, Thacker. Absent: Nadeau. Staff in attendance: Alderman Richard Wimmer, City Administrator Maxeiner, City Attorney McArdle, Director of Community Development Napolitano, City Planner Martin, Deputy Clerk Kunzer. Approval of Minutes Motion by Cadotte, seconded by Buhrman, to approve the minutes of the August 7, 2003 regularly scheduled Planning and Zoning Commission Meeting as presented. All ayes. Motion carried. Motion by Cadotte, seconded by Buhrman, to approve the minutes of the August 14, 2003 special meeting of the Planning and Zoning Commission as presented. All ayes. Motion carried. Motion by Cadotte, seconded by Buhrman, to approve the minutes of the August 21, 2003 regularly scheduled Planning and Zoning Commission Meeting as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell. Voting Nay: None; Not Voting: None. Abstaining: Thacker. Absent: Nadeau. Motion carried 6-0. Public Hearing: David Kotiw File No. Z-587 3320 Bull Valley Road Chairman Howell at 7:37 p.m. called to order the Public Hearing regarding File No. Z-587, an application for zoning map amendment to RM-1 Low Density Multi Family District upon annexation to the City. In attendance was applicant and property owner David Kotiw was sworn in by Chairman Howell. Also in attendance were the following: Diana Blauw, 3323 Bull Valley Road, McHenry Mr. and Mrs. Eugene Dowe, 3409 Bull Valley Road, McHenry Robert and Betty Dobbertin, 609 S Hilltop Blvd, McHenry Warner Reynolds, 3006 West Kinley Blvd, McHenry Florence Brennan, 3101 West Kinley Blvd, McHenry Bernice Dendor, 4018 West Orleans Street, McHenry Helen Musolino, 4016 West Orleans Street, McHenry Mark Higby, 706 S Broadway McHenry Dorothy Bangle, 706 S Broadway, McHenry Howard Lexow, 3207 Terrace Drive, McHenry Fred Heald, 807 S Carol, McHenry Donna and Terry Tobeck, 917 S Broadway, McHenry Tammy and Thomas Moore, 602 S Broadway, McHenry Page 2 P&Z Commission 9/4/03 M R Lister, 611 S Broadway, McHenry Joleen and Mike Brastad, 607 S Broadway, McHenry Beth and Dale Dowseth, 609 S Broadway, McHenry Eric and Wendy Dowd, 3212 Stillhill Drive, McHenry Jack and Glori Schramm, 605 S Hilltop, McHenry Bonnie Rudolph, 3423 Bull Valley Road, McHenry Dan Bufer, 1207 S Capri Terrace, McHenry Ed Ligeza, 1210 Capri Terrace, McHenry Marcia and Paul Antens, 3221 Bull Valley Road, McHenry Sherry Ehredt, 3310 Bull Valley Road, McHenry Todd Boutin, 601 Hilltop Blvd, McHenry Gary Lechner, 3108 Beach Drive, McHenry Art Hecht, 4010 West Orleans Street, McHenry John Vlcek, 805 S Pearl Avenue, McHenry Marty Kampmeier, 2906 Gregg Drive, McHenry. Chairman Howell noted all publication and notification requirements had been met. Notification of the Public Hearing was published in the Northwest Herald on August 15, 2003. A Certificate of Publication and an Affidavit of Service are on file in the Office of the City Clerk. Planner Martin provided the Commission with an overview of the Staff Report. He noted a petition filed by applicant David Kotiw was the subject of a Public Hearing held before this body on July 10th. At that time, there was confusion regarding the proposed land use for the Kotiw Property as shown on the Land Use Map which is a part of the City’s adopted Comprehensive Plan. It was determined that two different maps were in circulation: a draft map dated 1/8/99 and the approved final copy dated 8/6/99. There are minimal differences between the two maps, one of which is the designation for the Kotiw Property. Planner Martin noted the January 1999 map indicated the property to be low-density residential, while the August 1999 version indicated the property to be medium density residential. He stated the August 1999 version of the map is the correct one as it was formally adopted by the McHenry City Council as part of the Comprehensive Plan in August 1999. Planner Martin stated as a result of the confusion regarding the map at the initial Public Hearing, Staff determined a second Public Hearing would assist in clarifying the map issues. Hence, this evening’s Public Hearing. He noted the applicant, Mr. Kotiw, is seeking RM-1 zoning, low density multi-family residential district upon annexation to the City. Mr. Kotiw intends to construct a 24-unit apartment building on the 2-acre site. Planner Martin stated Staff supports the applicant’s request; however, the density should be in conformance with that depicted on the Comprehensive Plan. According to the Plan, the proposed density for this property is 4-9 dwelling units per acre. Mr. Kotiw is proposing 12 dwelling units per acre. Chairman Howell noted the following ground rules for this Public Hearing. All testimony previously presented at the July 10th Public Hearing remains a part of the record.. At this evening’s Public Hearing only testimony not formerly presented and relating to the Comprehensive Plan Land Use Map of August 1999 as clarified shall be permitted. Attorney McArdle further clarified the petitioner is seeking RM-1 zoning and the proposed 24 units fall within the permitted density of the RM-1 Zoning District. The range of permitted Page 3 P&Z Commission 9/4/03 number of units suggested within the Comprehensive Plan is 4-9 units per acre. Pursuant to the Comprehensive Plan, this parcel of land would be permitted to have a maximum of 18 units. Mr. Kotiw stated he is seeking RM-1 Zoning in order to construct a 24-unit apartment building at 3220 Bull Valley Road. The subject property is a 2-acre site. Mr. Kotiw noted he is seeking an additional 3 units per acre over the suggested 4-9 units indicated in the Comprehensive Plan. He pointed out the request conforms to the parameters of the RM-1 District in the City’s Zoning Ordinance. He opined that a change from 9 to 12 units per acre is not much of a stretch. He also noted he is closer to complying with the Comprehensive Plan than he was with his presentation at the first Hearing, when the incorrect low-density was indicated for this property. Chairman Howell invited questions and/or comments from the Commission. In response to an inquiry, Mr. Kotiw stated he has not done a traffic study of the area. He pointed out that typical day to day traffic from a single family residence would be 10 trips in/out, while at an apartment it would be 7 trips in/out. Responding to further inquiry, Mr. Kotiw stated there would be no direct access onto Charles Miller Road. Mr. Kotiw clarified he intends to build garages on the premises. Brick and vinyl siding would be utilized to assure the building is maintenance-free. Chairman Howell opened the floor to Public comments and/or questions. Each person was sworn in by the Chairman prior to speaking. Paul Antens, 3321 Bull Valley Road: Mr. Antens stated the City has been disseminating the incorrect map to the public for the past four years. He stated as recently as today someone purchased a Comprehensive Plan which included the incorrect map. He noted if the City has been using the incorrect map for the past four years, perhaps the City should recognize it as the “Official Map”. Edward Ligeza, 1210 Capri Terrace: Mr. Ligeza stated the City has adopted a comprehensive plan which provides for gradual buffering between more and less intense land uses. He noted the City is not following its plan and providing a buffer in this instance. Howard Lexow, 3207 Terrace Drive: Mr. Lexow expressed concern regarding the sewerage flow from the apartment building. The McHenry Shores Subdivision sits very low. The sewerage flow from this project could cause problems for residents in the Shores. John Vlcek, 805 S Pearl Avenue: Mr. Vlcek inquired as to how the incorrect map was placed in the adopted Comprehensive Plan. Planner Martin responded during the year-long review process several drafts of the map were discussed by an ad hoc committee created to update the plan. When the plan was formally adopted by Council, the Plan was sent to the printer with the incorrect map in place. In response to further inquiry, Planner Martin stated Staff, the McHenry City Council, as well as this Commission, have during the past four years been utilizing the August 1999 map when reviewing development proposals before the City. Director of Community Development Napolitano apologized on behalf of the City for the distribution of the incorrect map within the Comprehensive Plan. Page 4 P&Z Commission 9/4/03 Marty Kampmeier, 2906 Gregg Drive: Ms. Kampmeier displayed her copy of the Comprehensive Plan which she purchased today at the Municipal Center. She pointed out the incorrect map was still being distributed with the Plan. However, she noted the cover of the Plan indicates August 1999, date of approval. Ken Ehredt, 3310 Bull Valley Road: Mr. Ehredt stated he has made numerous improvements to his property based on the assumption the subject property which is adjacent to his site was low density residential. He has built a large addition on his residence and invested a large amount of money in property improvements. Planner Martin noted the Comprehensive Plan indicates a land use of low density residential. However, low density residential does not imply single family residential. Director Napolitano responded to Mr. Ehredt’s inquiry regarding the process which was utilized for updating the Comprehensive Plan. Director Napolitano noted the task force was initiated. Several Public Hearings and viewings of the proposed new plan were held. Information was contained in the City Newsletter and the local newspaper. Public Legal Notice was provided prior to the adoption of the revised Plan. Chairman Howell closed the Public Comment portion of the Hearing at 8:09 p.m. In response to Commission inquiry, Director Napolitano explained the Comprehensive Plan is updated periodically. The Plan is used as a guide for how the City would like to grow. The Plan refers to land uses, but not specific zoning. The Comprehensive Plan is a policy document used to make land use decisions. Planner Martin stated if the RM-1 zoning is granted the applicant could construct as many as 18 units on the site and still be in conformance with the approved Comprehensive Plan. However, the RM-1 zoning would also permit 24 units which is 3 units per acre higher than the density suggested in the Comprehensive Plan. Motion by Cadotte, seconded by Franzen, to recommend to the City Council, with regard to File No. Z-587, an application for a zoning map amendment to RM-1 Low Density Multi Family Residential District as filed by applicant David Kotiw for the property located at 3220 Bull Valley Road, the request be granted upon annexation, and that Table 33, the Approval Criteria for Map Amendments, Page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Franzen, Howell. Voting Nay: Ekstrom, Thacker. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 4-2. Comments by Commission: Buhrman: the proposal meets the criteria for the map amendment. Cadotte: this is a good use for the land; the project will be a fine addition to the City. Ekstrom: too many units; traffic situation is already poor in this area. Multi-family units at this time in this location is a mistake. Page 5 P&Z Commission 9/4/03 Franzen: considerable time and effort has been made to make this project a good one. The architectural design and layout are good. This is a good, clean project and will benefit the City. Howell: Mr. Kotiw is an excellent landlord. The project will provide middle income persons with housing opportunity. This project will fill a need within the City. He wholeheartedly supports the project. Thacker: likes the architectural design; however, t24 units are just too much for this location. Would be happy with 18 units. The Commission also stated the following Staff Report Comments should be noted by Council: 1. Refuse disposal area and screen should be shown on a revised site plan. Refuse disposal area must be fully screened. 2. Wheel guards should be shown on the plan. Wheel guards are required for parking areas that abut a sidewalk. 3. At least two additional handicapped parking spaces are required. 4. Lighting detail shall be submitted. All lighting must be decorative down lighting with no spillover onto adjacent properties. 5. Landscape screen, consisting of three-foot high berm along the entire length of the east, west and south property lines shall be provided. 6. Landscaping shall consist mainly of evergreen trees, at least 6’ high at planting. 7. Landscaping shall also include some deciduous trees as well as deciduous and evergreen shrubs. 8. Parking landscape islands are required at the end of each parking bay. Islands shall be a minimum of 9’ wide and should contain one tree and nine shrubs or one tree and associated ground cover that encompasses more than one-half the area of the island. Chairman Howell closed the Public Hearing at 8:20 p.m. Other Business The meeting reconvened at 8:32 p.m. Planner Martin provided an update on several projects which had previously appeared before the Commission: • PRDC has purchased the Village Green and will operate it as an assisted living rental facility • Hallmark Homes is in the process of amending their plan before coming back to Council for further direction. • The variance at 711 John Street was approved by Council • The Green Pea Pod on Green Street has applied for a liquor license. Renovation of the building is a slow process. • Drs. Elstrom and Hall’s building on Front Street was approved.. Upcoming Agenda Items are: 9/11 Special Meeting – Jewel and IHOP setback variance due to Route 120 widening. 9/18 Sloppy T’s Public Hearing Page 6 P&Z Commission 9/4/03 Discussion Regarding Aesthetics A lengthy discussion occurred regarding the parking of commercial vehicles in the residential district. It was the consensus of the Commission the zoning ordinance should be amended to prohibit the outside parking of commercial vehicles in the residential district, but that the definition of commercial vehicles should be amended to be ”any vehicle having graphics or any signage larger than the size of a bumper sticker. Adjournment Motion by Franzen, seconded by Cadotte, to adjourn at 9:06 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Franzen, Howell, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. Meeting adjourned at 9:06 p.m. 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.