McHenry Times

City of Woodstock Plan Commission Met April 15.

Here is the minutes provided by the commission:

A regular meeting of the Woodstock Plan Commission was called to order at 7:00 PM by Chairman Cody Sheriff under the Governor’s Emergency Declaration with all members, Staff, and the public attending remotely. Chairman Sheriff described the procedures should members of the public wish to comment.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Donna Besler, David Casner, Arturo Flores, Don Fortin, Steve Gavers, Robert Horrell, Doreen Paluch, Jackie Speciale, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: None

STAFF ATTENDING REMOTELY: Building and Zoning Director Joe Napolitano, City Planner Darrell Moore, City Attorney TJ Clifton, and City Clerk Cindy Smiley. IT Director Dan McElmeel attended briefly to ensure that all who wished to do so were able to attend remotely.

OTHERS ATTENDING REMOTELY: None

APPROVAL OF AGENDA

Motion by Paluch, second by Gavers, to approve the Agenda as presented.

A roll call vote was taken. Ayes: Besler, Casner, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: None. Motion carried.

APPROVAL OF MINUTES

Motion by Paluch, second by Gavers, to approve the minutes of the February 18, 2021, Plan Commission Meeting as presented.

A roll call vote was taken. Ayes: Besler, Casner, Flores, Fortin, Gavers, Horrell, Paluch, and Chairman Sheriff. Nays: none. Abstentions: Speciale. Absentees: None. Motion carried.

1. PUBLIC COMMENTS

There were no comments forthcoming from the public.

2. NEW BUSINESS

a) Public Hearing – Variation to Allow a 6-foot Tall, Non-Privacy Fence in a Required Front Yard and Side Yard Abutting a Street at 615 Oak Street, Woodstock, IL, Steven Degutis, Petitioner

Chairman Sheriff stated this is a Public Hearing to consider a variation to allow a 6-foot tall, non-privacy fence in a required front yard and side yard abutting a street at 615 Oak Street, Woodstock, IL, Steven Degutis Petitioner.

A roll call was taken to establish a quorum.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner, and Chairman Sheriff.

PLAN COMMISSION MEMBERS ABSENT: None

Chairman Sheriff noted the presence of a quorum. Mr. Moore stated the petitioner was unable to provide a statement that all notifications were met but would confirm with the petitioner.

The Public Hearing was opened at 7:06PM.

Mr. Moore stated the petitioner, Mr. DeGutis, was present remotely via phone at the beginning of the meeting but has dropped off the call. He stated he will attempt to contact him.

Chairman Sheriff requested a report from Staff.

Mr. Moore stated the petitioner is requesting variations to allow a fence greater than four feet in a required front and side yard abutting a street. To clarify, the petitioner wants a six-foot non-privacy (chain link) fence. Mr. Moore stated the property is an unusual-shaped lot at the corner of Oak and Dane Streets and the location of the house on the lot does not provide much area behind the house for a back yard. Mr. Moore showed a map depicting where the fence is requested to be placed and images/drawings provided by the applicant. He stated if this is a 25-foot fence extending from the garage, it would be about five feet away from the sidewalk. Again, noting the request is for a six-foot high chain link fence, Mr. Moore stated the corner closest to Oak and Dane might possibly encroach into the required site distance triangle.

Chairman Sheriff stated since the petitioner is not here to present his petition, it is his opinion it is appropriate to continue this hearing to be placed after Item 2.c.

Motion by Horrell, second by Gavers, to continue this Public Hearing on Item 2.a. to after Item 2.c. to give the petitioner an opportunity to reconnect.

A roll call vote was taken. Ayes: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner and Chairman Sheriff. Motion carried.

The Public Hearing was continued at 7:17PM

b) Public Hearing – Zoning Map Amendment from B3 Service & Retail District to B2C Central Business District for the real estate commonly referred to as 135 Washington Street, Woodstock, Tyler Hume, Petitioner

Chairman Sheriff stated this is a Public Hearing to consider a Zoning Map Amendment from B3 Service & Retail District to B2C Central Business District for the real estate commonly referred to as 135 Washington Street, Woodstock, Tyler Hume, Petitioner.

A roll call was taken to establish a quorum.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner, and Chairman Sheriff.

PLAN COMMISSION MEMBERS ABSENT: None

Chairman Sheriff noted the presence of a quorum and confirmed that all required notifications were made. The Public Hearing was opened at 7:18 PM.

Noting the absence of Mr. Hume, petitioner Shawn Baker, 14910 Kishwaukee Valley Road, Woodstock, was sworn in by Chairman Sheriff.

Chairman Sheriff opened the floor to the petitioner for his presentation.

Mr. Baker stated he wishes to rezone in order to enclose his outdoor patio in the future, noting now he would be putting in a pavilion.

Mr. Napolitano stated at present the zoning is B3 Service & Retail, which has certain setbacks. He noted the existing building does not, stating the proposal is to rezone the property to B2C Central Business District, which would result in the existing building being in conformance with the Unified Development Ordinance.

Mr. Napolitano described how the petitioner wishes to expand the building and would conform with B2C setbacks, opining the rezoning would make more sense for the property, and stating Staff supports the request for rezoning.

Chairman Sheriff opened the floor to questions from the Commission.

Commissioner Paluch had no questions, but she wished to note the survey that is part of the petitioner’s request includes her name because she represented the seller of the property when Mr. Baker purchased it. She stated she has nothing to do with this petition.

In response to a question from Commissioner Horrell, Mr. Napolitano confirmed the stated acreage has been changed to 0.36 acres, noting this change has been agreed to by the petitioner who has yet to initial it. He stated the Plat of Survey is now correct. Mr. Baker confirmed that he agreed with the change. City Attorney Clifton confirmed this is acceptable.

In response to a question from Commissioner Horrell, Mr. Baker confirmed it is his request to rezone Parcel 1 to B2C with Parcels 2 and 3 remaining B3.

In response to a question from Commissioner Gavers, Mr. Baker confirmed the restaurant building is part of Parcel 1. In response to a question from Commissioner Gavers, Mr. Napolitano stated Parcel 1 includes the patio and the entire building, showing a map depicting this to the Commission. Commissioner Gavers expressed support for the request.

Noting she has no questions, Commissioner Speciale expressed her support of the petition and her appreciation to Napoli’s for all they do for the community.

There were no questions forthcoming from Commissioners Besler, Flores, Fortin, Speciale, Casner or Chairman Sheriff.

In response to a question from Chairman Sheriff, there were no questions forthcoming from the Public.

There being no further discussion from the Commissioners, Chairman Sheriff noted his belief the rezoning criteria for this request as outlined in the Staff Report have been met.

Motion by Horrell, second by Gavers, to recommend approval of a zoning map amendment from B3 Service and Retail District to B2C Central Business District for the property at 135 Washington Street based upon the fact that the request meets the approval criteria listed in Section 4.3.7 of the Unified Development Ordinance in accordance with the findings included in the Staff Report.

A roll call vote was taken. Ayes: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: none. Motion carried.

The Public Hearing was closed at 7:32 PM.

c. Public Hearing – Special Use Permit to Allow a Crematory in the M1 Industrial District for the Real Estate Commonly Referred to as 1253 Cobblestone Way, Woodstock, IL, Mike Saunders, Petitioner

Chairman Sheriff stated this is a Public Hearing to consider a Special Use Permit to allow a crematory in the M1 Industrial District for the real estate commonly referred to as 1253 Cobblestone Way, Woodstock, IL, Mike Saunders, Petitioner.

A roll call was taken to establish a quorum.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner and Chairman Sheriff.

PLAN COMMISSION MEMBERS ABSENT: None

Chairman Sheriff noted the presence of a quorum and confirmed that all required notifications were made. The Public Hearing was opened at 7:33PM.

Petitioner Michael Saunders, 311 Galvin Parkway, Harvard, IL, was sworn in by Chairman Sheriff.

Mr. Saunders stated his wish to move his crematory, now located on Broadway Avenue, near Marian Central, closer to their new funeral home on the south side of town (Catalpa Lane) opining it is a better location at which to do cremations and more convenient.

Chairman Sheriff opened the floor to Commission questions.

In response to a question from Commissioner Horrell, Mr. Saunders stated the current plan is to move the equipment from the existing location to the new location. He stated the current location currently shares a building with a pet crematory, which has offered to buy the equipment, noting if that should occur he will purchase new equipment.

In response to a question from Commissioner Horrell, Mr. Saunders stated it will be necessary to create a new stack and two vents on the new building noting the main stack would have to be adjusted to fit the rooftop. He confirmed there would have to be minor changes to the new building.

Commissioner Horrell asked about hours of operation noting it was his recollection there were limits placed on the existing location at the time of the original approval, Mr. Saunders stated he was not involved with the original approval but that his business would operate during normal business hours, generally 8AM to 5PM. Mr. Napolitano stated he was unable to locate that information in the address file. Mr. Saunders stated he has an article from March 30, 2005 stating Marian Central requested that cremations not be conducted between 7AM and 4PM when children were present, but this request was determined to be unnecessary.

There were no questions forthcoming from Commissioners Flores, Paluch, Casner, Fortin, Besler, Speciale, Gavers, or Chairman Sheriff.

There were no questions forthcoming from the Public.

At the request of Chairman Sheriff, Mr. Napolitano provided a Staff Report.

Mr. Napolitano stated a crematory requires a Special Use Permit and must meet the criteria of the UDO. He noted in examining the file for the existing location, no complaints or issues were found so he would not anticipate any issues at the proposed location. Mr. Napolitano stated his belief the request meets the criteria for a Special Use so he would recommend approval.

There were no comments forthcoming from the Public.

Chairman Sheriff opened the floor to the Commission for discussion.

Commissioner Horrell stated he originally had concerns about the residents to the west or south, but the building appears to be 500 feet away. He also noted as there have been no complaints received about the existing facility he agrees with Staff that there are no concerns with this new location and, therefore, is in favor of the Special Use request.

Commissioner Flores expressed agreement with Commissioner Horrell noting the family has been in business a long time.

Commissioner Paluch expressed agreement with Staff’s findings as they apply to the criteria and also her support of the request.

Commissioner Speciale expressed support of the request.

There were no further comments from Commissioners Casner, Fortin, Besler, or Gavers. Chairman Sheriff agreed the approval criteria have been met.

Motion by Fortin, second by Horrell, to recommend approval of a Special Use Permit to allow a crematory on the property at 1253 Cobblestone Way based on the fact the request meets the approval criteria listed in Section 4.4.7 of the Unified Development Ordinance in accordance with the findings included in the Staff Report.

A roll call vote was taken. Ayes: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: none. Motion carried.

The Public Hearing was closed at 7:44PM.

a) Public Hearing – Variation to Allow a 6-foot Tall, Non-Privacy Fence in a Required Front Yard and Side Yard Abutting a Street at 615 Oak Street, Woodstock, IL, Steven Degutis, Petitioner

Chairman Sheriff stated this is a continuation of the Public Hearing opened earlier this evening as the petitioner had dropped of the virtual meeting earlier in the evening.

A roll call was taken to establish a quorum.

PLAN COMMISSION MEMBERS PRESENT IN THE COUNCIL CHAMBERS: None

PLAN COMMISSION MEMBERS PRESENT ATTENDING REMOTELY: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner and Chairman Sheriff.

PLAN COMMISSION MEMBERS ABSENT: none

Chairman Sheriff noted a quorum is still present.

In response to a question from Chairman Sheriff, Mr. Moore stated he made two attempts to reconnect with the petitioner both of which were unanswered stating he is not present. He suggested that this Public Hearing be continued to the May Plan Commission Meeting to allow Mr. Degutis to attend.

Commissioner Horrell stated prior to the next meeting, he would like the petition to be amended to include a narrative detailing his request and also to include information on the two variances as detailed earlier by Mr. Moore. Commissioner Horrell opined what was submitted by the petitioner is incomplete.

Chairman Sheriff agreed, stating he would like to receive an accurate site plan from the petitioner stating his intentions exactly.

Commissioner Paluch requested that the amended petition also include the petitioner’s reasons for requiring a six-foot fence as opposed to a four-foot.

Mr. Moore stated he will consult with City Attorney Clifton concerning the requested revisions and noticing requirements. Mr. Clifton stated it may be necessary to abandon the old petition and come forward with a new petition and new notice. A brief discussion ensued to the language in the current petition.

Motion by Fortin, second by Paluch, to continue the Public Hearing for Item 2.a. Public Hearing – Variation to Allow a 6-foot Tall, Non-Privacy Fence in a Required Front Yard and Side Yard Abutting a Street at 615 Oak Street, Woodstock, IL, Steven Degutis, Petitioner to the next regular Plan Commission meeting scheduled for Thursday, May 20, 2021.

A roll call vote was taken. Ayes: Besler, Flores, Fortin, Gavers, Horrell, Paluch, Speciale, Casner, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: none. Motion carried.

The Public Hearing was continued at 7:52PM.

4. DISCUSSION

Chairman Sheriff stated that Commissioners Besler, Casner and Fortin will be leaving the Commission. He thanked them for their service and wished them the best of luck. Mr. Napolitano stated the Commission is losing three very valuable members. On behalf of himself and the City, he expressed his gratitude for their service. All Commissioner members expressed their thanks and best wishes to the exiting members.

5. ADJOURN

Motion by Paluch, second by Gavers, to adjourn this meeting of the Plan Commission to the next regular meeting at 7:00PM on Thursday, May 20, 2021. Ayes: Besler, Casner, Flores, Fortin, Gavers, Horrell, Paluch, Speciale and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: none. Motion carried.

The meeting was adjourned at 7:55PM.

https://www.woodstockil.gov/sites/default/files/fileattachments/plan_commission/meeting/43677/j_-_plan_commission_04-15-21_meeting_-_part_1_of_1_-_minutes.pdf