HomeMy WebLinkAboutMinutes - 04/17/2014 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Minutes
April 17, 2014
Chairman Strach called the April 17, 2014 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, Doherty,
Vallez, Nadeau, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Deputy City
Administrator Martin and Planning and Zoning Secretary Wolf.
Approval of Minutes
Motion by Nadeau, seconded by Vallez, to approve the minutes of the Planning and Zoning Commission
Meeting as presented:
March 20, 2014 regularly scheduled meeting.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, and Strach.
Voting Nay: None.
Not Voting: None.
Abstaining: Thacker.
Absent: None.
Motion carried 6-0.
Public Hearing: McHenry Public Library District
File No. Z-832
809 N. Front Street (Illinois Route 31)
Conditional Use Permit for a conditional public use to allow the installation
of solar panel arrays, 10kW solar (photovoltaic)
Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-832 an application
for a conditional use permit for a conditional public use to allow the installation of solar panel arrays,
10kW solar (photovoltaic), on the southwest corner of the roof structure on the subject property as
submitted by McHenry Public Library District for the property located at 809 N. Front Street.
Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March
29, 2014. Notices were mailed to all abutting property owners of record as required by ordinance. The
subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice
requirements are on file in the City Clerk’s Office.
In attendance was Mr. James Scholtz, 5404 Abbey Dr., McHenry, IL who was sworn in by Chairman
Strach. Mr. Scholtz provided a summary of the request before the Commission at this Hearing stating
the McHenry Public Library is asking for a conditional public use for installation of solar panel arrays on
the roof of the building.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter
stating the request being proposed as part of this public hearing application is to permit solar panel
arrays, 10kW solar (photovoltaic), to be located on the southwest corner of the existing roof of the
principal building. Specifically, the applicant is requesting approval to allow four separate steel
structures (arrays), consisting of a total of forty (40) blue polycrystalline solar panels mounted at 30
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April 17, 2014
Page 2
degree angles. The arrays will provide power for the library building, potentially up to 98% of the
library’s total power consumption dependent on usage patterns. For comparison purposes, McHenry
County College was approved to place solar panel arrays totaling 92kW solar (photovoltaic) on the
ground immediately north of their building at 4100 W Shamrock Lane.
As with McHenry County College, while the inclusion of solar panels is not specifically
mentioned in the definition of a conditional public use, it is staff’s determination that the
proposed request could reasonably fall into that definition. The difference, however, between
this request and the request submitted by McHenry County College is the library is proposing to
install the solar panel array system on the roof of their building, which is also regulated in the
Municipal Code Article XV. The current request before the Planning and Zoning Commission
however is solely to consider the conditional use permit for a conditional public use.
In accordance with Table 31 of the zoning ordinance it is staff’s belief the proposed use will not
have any adverse impacts on adjacent property including: additional traffic, environmental-
related impacts/nuisances-including glare, neighborhood character, public facilities and services
and public safety and health. Additionally, the proposed project will provide an ancillary
benefit, which is public awareness of the use and practical application for solar energy, as well
as generate interest.
As with McHenry County College Small Business Development (Shah) Center, being situated
along a major roadway will be a great benefit for the proposed use and staff has no concerns
with the request as presented. The arrays will be somewhat visible from Route 31 and Meadow
Lane Avenue. They will be situated approximately 26.5 feet above ground level and 6.5 feet
above the roof line and occupy about 700 square feet of rooftop area.
The panels will be installed as part of a roof replacement project, will only be able to be
accessed internally through an interior building hatch, and will need to comply with the
commercial building code, electrical code, and international fire code. The panels will also
require approval from a licensed structural engineer/architect to ensure they do not
compromise or adversely impact the roof structure, as well as comply with wind and snow
loads.
It is staff’s recommendation for approval of a Conditional Public Use to allow the installation of
a 10kW solar array system consisting of four (4) units of ten (10) panels each in substantial
conformance with the technical specifications and approximate rooftop location (southwest
corner) detailed in the public hearing application and staff finds the requirements of Table 31 of
the zoning ordinance have been met.
Chairman Strach invited questions and/or comments from the Commission.
Commissioner Nadeau asked for an explanation of the mounting of the arrays. Mr. Scholz
replied arrays will be steel structure mounted using concrete ballasts. Affixing arrays to the
roof, in a more permanent manner, would create holes in the roof which may cause additional
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April 17, 2014
Page 3
complications. The library building has a ballasted roof, and the library is in the process of
designing a new roof utilizing material which will lighten the load on the roof. This ballasted
mounting-system will also allow the arrays to be removed in the future if the library relocates
its facility.
Commissioner Sobotta inquired about the maximum wind load. Mr. Scholtz responded he
wasn’t positive of the exact number however Deputy City Administrator Martin stated he
believed it is 90 mph. Discussion ensued regarding mounting procedures to ensure stability and
it was determined the system will be designed by a structural engineer/architect to ensure
installation is in compliance with all applicable building codes.
Commissioner Buhrman asked why the library used the manufacturer they chose. Mr. Scholz
stated they are a reputable company with many successful installations in the Chicago area and
they liked their type of structures.
Commissioner Nadeau asked if the solar arrays will have any educational purpose at the Library.
Mr. Scholz stated they would definitely take opportunities to educate the public about the
arrays.
Chairman Strach opened the floor to questions and comments from the audience. There was
nobody in attendance who wished to address the Commission regarding this matter. Chairman
Strach closed the public comment portion of the hearing at 7:45 p.m.
Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File
No. Z-832, an application for a Conditional Public Use to allow the installation of a 10kW solar
array system consisting of four (4) units of ten (10) panels each in substantial conformance with
the technical specifications and approximate rooftop location (southwest corner) detailed in
the public hearing application on the property located at 809 N. Front Street as presented by
applicant McHenry Public Library District be granted, and that Table 31, of the Zoning
Ordinance, has been met.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
Chairman Strach closed the Public Hearing regarding File No. Z-832 at 7:48 p.m.
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April 17, 2014
Page 4
File No. Z-831
Preliminary and Final Plat of Subdivision
Justen Funeral Home (Two-lot subdivision)
In attendance was Jonah Hetland, 4011 80th St., Kenosha, WI, who was acting on behalf of Bear
Development regarding the resubdivision of the Justen Funeral Home two-lot subdivision. He is asking
for preliminary and final approval of the subdivision plat for Justen Funeral Home.
Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter,
stating the applicant is proposing to subdivide the approximately 8.3-acre property where Justen’s
Funeral Home and Crematory lies into two lots. Lot one would be occupied by Justen’s Funeral Home
(4.6 acres), and a new approximately 10,000 square-foot Veteran’s Assistance medical office building
would occupy lot two. In the future, lot two will be resubdivided to accommodate additional buildings.
Deputy City Administrator Martin provided conceptual site and landscape plans and building elevations
for the proposed Veterans Clinic which will be constructed immediately when approval is given.
The preliminary and final plats are being combined due to the relative simplicity of the request.
Easements are included on the plat to address cross access between the funeral home and medical clinic
site, which will also facilitate a connection to the future extension of Knox Drive-from its terminus at
Municipal Drive.
Through discussions with the property owner and the engineer, it was stated staff is comfortable with a
separate access off of Municipal Drive to the west of the current Justen Funeral home with the condition
that it will be a full access and converted to a right in/right out when the extension of Knox Drive to
Charles Miller Road is completed.
Additionally, the City required a ten-foot easement be dedicated immediately east of the Knox Drive
extension for a multi-use path. A cross-access easement will also be added on the plat where proposed
lots one and two will share access points.
The construction of Knox Drive will occur contemporaneously with the improvements to the Bull
Valley/Charles Miller Road/Route 31 intersection improvements to facilitate an alternate means of
traffic movements only once those road improvements occur. The Knox Drive construction will extend
the current Knox Drive, from Municipal Drive to the north to Charles Miller Road to the south, and a
right-in/right-out access will be built at Charles Miller Road. This construction is anticipated to begin
within the next 8 months to 2 years depending on finalizing right-of-way acquisition. McHenry County is
coordinating the improvements the Route 31/Bull Valley/Charles Miller Road intersection and the City
as entered into an intergovernmental agreement with the County to facilitate the improvements to
Knox Drive. The roadway will be funded in cooperation with abutting property owners, as well as the
City, and the County will construct a portion of the Knox Drive roadway improvements, specifically the
right-in/right-out to/from Charles Miller Road.
Staff has reviewed the plat and it is in substantial conformance with the requirements set forth in the
subdivision control and development ordinance. Engineering for the site is being reviewed by HR Green.
The city engineer has completed an initial review and determined there are no issues which will
impact/alter the layout/division of lots as currently proposed. The developer is in the process of
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April 17, 2014
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resubmitting engineering plans based on the initial review and all major comments must be addressed
prior to City Council consideration.
Staff recommends approval of the preliminary and final plat of subdivision for Justen Funeral Home with
the following conditions:
1. Compliance with comments by the city engineer and;
2. Plat is recorded within six months of City Council approval by ordinance and;
3. Stormwater maintenance agreement be submitted and recorded against the property
contemporaneously with the recordation of the final plat of subdivision and;
4. Full access shall be permitted off of Municipal Drive with the location subject to city engineer
approval and full access shall be converted to right in/right out access only upon completion of Knox
Drive construction with the expense of conversion to right in/right out only to be borne solely by the
developer, and;
5. Addition of lot width and building setback lines consistent with the zoning district requirements on
the subject property.
Chairman Strach invited questions and/or comments from the Commission.
Mr. Hetland stated he is unwilling to agree to condition #4 at this time because he is concerned with
having to complete right in/right out access when Knox Drive is completed if Phase 2 of their
development is not completed. He asked for a revision to condition #4 with an extension of the time
limit on developing the right in/right out access until after they have completed Phase 2 of their
construction plans which time frame is unknown at this point and dependent on finding another user for
the property, economic conditions, etc.
Commissioner Vallez asked for clarification on condition # 4 in the recommendation due to the fact the
applicant is not willing to agree to that point. Deputy City Administrator Martin stated Staff thinks it is a
great development and wants the development to work. Access, although not ideally direct, will be
available by patrons heading west on Charles Miller Road with a right turn onto Knox Drive and a right
turn onto Municipal Drive. He further stated Staff cannot agree to the applicant’s new conditions due to
the period of time for phase 2 of construction having no estimated completion date. Discussion ensued
regarding access to the property. Commissioner Vallez asked at what point the City will be concerned
about traffic flow on Municipal Drive. Deputy City Administrator Martin responded traffic will be a
concern when the Knox Drive extension is built.
Commissioner Strach asked for a motion revising condition #4 to reflect the right in/right out access
completion to be given additional time beginning from when Knox Drive is completed.
Mr. Hetland requested a five-year time frame from completion of Knox Drive to convert the full access
onto Municipal Drive to a right in/right out access if he cannot get the property owner to allow access
through the funeral home site, which is not being given at this time.
Motion by Nadeau, seconded by Buhrman, to recommend to City Council that the preliminary and final
plat of subdivision for Justen Funeral Home be approved subject to the following conditions as
amended:
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April 17, 2014
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1. Compliance with comments by the city engineer and;
2. Plat is recorded within six months of City Council approval by ordinance and;
3. Stormwater maintenance agreement be submitted and recorded against the property
contemporaneously with the recordation of the final plat of subdivision and;
4. Allow full access off Municipal Drive to the petitioner beginning today to be converted to right
in/right out within five (5) years of completion of Knox Drive, or prior to receipt of a certificate of
occupancy for a second building whichever occurs first, at which time the full access onto Municipal
Drive would be converted to right in/right out, with the expense of conversion to right in/right out
be borne exclusively by the developer, and;
5. Addition of lot width and building setback lines consistent with the zoning district requirements on
the subject property.
Voting Aye: Buhrman, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: Doherty and Vallez.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 5-2.
Commissioner Doherty stated he believes a shared driveway is a better solution, having access to the
property requiring U-turns seems too confusing, and five years is too long to give for right in/right out
access to be completed.
Commissioner Vallez stated five years is too long a time period to be given for the right in/right out
access to be completed and he feels the petitioner needs more time to finalize the access points with
the property owner and traffic on Municipal Drive.
Consideration and Action on a
Resolution amending the 2014 Planning and Zoning
Commission Meeting Schedule
Deputy City Administrator Martin presented a revised schedule for the remainder of the 2014 Planning
and Zoning meeting schedule due to a scheduling conflict. Commissioner Strach called for a motion.
Motion by Buhrman, seconded by Nadeau, to amend the 2014 Planning and Zoning Commission
meeting schedule as presented.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0.
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April 17, 2014
Page 7
Staff Report
The next meeting of the Planning and Zoning Commission is Thursday May 15, 2014. There are currently
two petitions being heard – a use variance for a power storage facility and a use variance for Prairie
Point Development to allow apartment buildings.
Other Business
Deputy City Administrator Martin thanked Commissioner Buhrman for many years of continued service
on the Planning and Zoning commission stating he has enjoyed working with him personally and
professionally and wishing him luck in the future.
Adjournment
Motion by Buhrman, seconded by Nadeau, to adjourn the meeting at 8:35 p.m.
Voting Aye: Buhrman, Doherty, Vallez, Nadeau, Sobotta, Strach and Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 7-0. The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
_____________________________________
Dorothy M. Wolf, Planning & Zoning Secretary
City of McHenry