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HomeMy WebLinkAboutMinutes - 05/15/2014 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes May 15, 2014 Chairman Strach called the May 15, 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: Doherty, Vallez, Bromley, Nadeau, Sobotta, Strach, and Thacker. Absent: None. Also in attendance were: Deputy City Administrator Martin, City Attorney David McArdle, and Planning and Zoning Secretary Wolf. Approval of Minutes Motion by Nadeau, seconded by Doherty, to approve the minutes of the Planning and Zoning Commission Meeting as presented: April 17, 2014 regularly scheduled meeting. Voting Aye: Doherty, Vallez, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Bromley. Absent: None. Motion carried 6-0. Public Hearing: Prairie Pointe Land Development Corporation File No. Z-833 420 N. Front Street Use Variance to allow apartments/multi-family dwellings on the subject property in the Prairie Pointe Business Park Deputy City Administrator Martin requested the Prairie Pointe Land Development Corporation Hearing be continued until the June 19, 2014 Planning and Zoning Meeting. Motion by Nadeau, seconded by Thacker to continue File No. Z-833, to the June 19, 2014 regularly scheduled Planning & Zoning meeting at 7:30 p.m. in the City Council Chambers. Voting Aye: Bromley, Doherty, Vallez, Nadeau, Thacker, Sobotta, and Strach. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Planning and Zoning Commission May 15, 2014 Page 2 Public Hearing: Nathan Ryan File No. Z-835 3012 W. Illinois Route 120 Use variance to allow a tattoo parlor and body piercing establishment Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-835 an application for a use variance to allow tattooing and a body piercing establishment on the subject property as submitted by Nathan Ryan for the property located at 3012 W. Illinois Route 120, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 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 Nathan Ryan, 4613 Greenwood Rd., Greenwood, IL 60098, and Ryan Lanning 3006 Emily Lane, McHenry, IL 60051 who were sworn in by Chairman Strach. Mr. Ryan stated he has been operating the business as a retail-only establishment, which is not a viable business option, and needs to add the tattoo and body piercing in order to remain in operation. He is hoping to provide a higher end and artistic option to the growing number of tattoo parlors in the area and erase the stigma surrounding tattooing. Deputy City Administrator Doug Martin provided a summary of the request before the Commission at this Hearing, stating Mr. Ryan is requesting a use variance to allow a tattoo parlor and body piercing establishment on the property located at 3012 W. Illinois Route 120. It is the applicant’s intent to foster an art-friendly business, capitalize on talents of artists within the community, and promote the use of art and tattooing as a form of expression. Additionally, he states his business will be involved with charitable endeavors. By way of reference, the applicant formerly operated a business on Main Street many years ago called Café Aon. Staff does not believe a tattoo parlor will have any adverse land use impacts on adjacent properties or require additional City services. A license has been obtained and is on file. Three other use variances have been approved for tattoo and body piercing establishments within the City, one on Green Street, on Main Street, and 2906 W Illinois Route 120, which is a couple of blocks to the east of the subject property on the same side of the road. The establishment at 2906 W Illinois Route 120 is no longer operating and due to the business being closed for six consecutive months, the use variance formerly approved for a tattoo parlor and body piercing establishment at that location has expired and is no longer valid. Staff reiterates the subject property is not conducive to pedestrian traffic. Limiting the subject property with a building of this size to retail sales only would be extremely difficult for any business to be successful. Additionally, staff believes all other approval criteria on Form E have been satisfied. A service-based business solely, or one in conjunction with retail, is a more viable option; therefore, staff supports approval of a use variance to allow a tattoo parlor and body piercing establishment on the subject property with the condition the use variance shall expire and become null and void if the tattoo and body piercing establishment use ceases for a period of six consecutive months and Staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Planning and Zoning Commission May 15, 2014 Page 3 Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired how the owners will get a customer base. Mr. Ryan stated he has actually operated successful businesses for quite some time and has referrals and return clients established already. Much of their client base is word-of-mouth. Commissioner Nadeau asked if the business will sell body jewelry and how everything will be sterilized for cleanliness. Mr. Ryan responded that custom and sterile body jewelry will be sold and most of it will be packed and sold pre-sterilized. In regard to the tattoo tools everything will be in one-time use blister packs and disposed in sharps boxes which will be taken care of by a bio-waste service on a monthly basis. 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 7:40 p.m. Attorney McArdle inquired about the 6 month requirement the City has in place when a store goes out of business and is vacant that causes an address to lose the use variance on a property. Deputy City Administrator Martin replied it is difficult to articulate, but staff allowed that requirement because they wanted to provide for emergencies which might be out of an applicant’s control such as a fire and the same requirement is in place for the other tattoo parlors in town. Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File No. Z- 835, an application for a use variance to allow a tattoo parlor and body piercing establishment on the property located at 3012 W. Illinois Route 120 as presented by applicant Nathan Ryan with the condition the use variance shall expire and become null and void if the tattoo and body piercing establishment use ceases for a period of six consecutive months, be granted, and that Table 32(A), of the Zoning Ordinance, has been met. Voting Aye: Bromley, Vallez, Nadeau, Sobotta, Strach, and Thacker. Voting Nay: Doherty. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Commissioner Doherty stated he believes this proposal would have an adverse impact to the corridor. Chairman Strach closed the Public Hearing regarding File No. Z-835 at 7:45 p.m. Planning and Zoning Commission May 15, 2014 Page 4 Public Hearing: GlidePath Power, LLC File No. Z-834 302 Front Street Use Variance to allow the subject property to be utilized as a battery storage facility as a means of providing backup power and increased stability to supplement the local, regional and multi-state electrical grid Chairman Strach called the Public Hearing to order at 7:46 p.m. regarding File No Z-834 an application for a use variance to allow the subject property to be utilized as a battery storage facility as a means of providing backup power and increased stability to supplement the local, regional and multi-state electrical grid, as submitted by GlidePath Power, LLC for the property located at 302 Front Street, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on April 26, 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 were Chris McKissack, Vice President, GlidePath Power, LLC, 615 W. Burr Oak Dr., Arlington Heights, IL 60004; Kevin Serafin, CEMCON, Ltd., Engineer, 2280 White Oak Circle, Aurora, IL 60502; Joe Gottemoller, Attorney, 1 N Virginia St., Suite A, Crystal Lake, IL 60014; and Matt Nelson, Nelson Design Associates, 789 Four Season Blvd., Aurora, IL, who were sworn in by Chairman Strach. Attorney Gottemoller provided a summary of the request before the Commission at this Hearing stating the project is a request for a use variance to allow the storage of electricity in an O-2 district on the subject property. The project helps the electrical grid in the community. Chris McKissack provided a summary of the request before the Commission at this Hearing stating they are requesting the City to allow the construction of a battery energy storage facility on the subject property. He further stated this would be a new application for a battery energy storage facility. Two types of batteries are being proposed. The project will take the valleys and peaks of electricity from the grid and counteracts them providing a stabilizing effect and a more reliable energy source for McHenry and surrounding areas. Having the batteries tied directly into the ComEd substation that is near the property will help prevent light dimming, appliance flickers and energy surges which occur often during storms. This type of project is needed due to the advancements in technology and manufacturing processes of batteries which have brought costs extremely low allowing it to be feasible to bring to a grid scale. The benefit of the project is that it causes a long term, stable grid. Batteries near a substation strengthens the grid, improves reliability and provides cleaner, higher quality power which is a draw for new industrial and commercial uses in the municipality. Locations are being chosen by the quality of the grid when businesses are choosing new manufacturing locations because it helps in the cost of relocation. Mr. McKissack further stated the project will not raise electricity rates but actually helps operate the grid more efficiently than the method current grid operators use. The batteries will react very quickly to movements in the grid allowing less regulation on the grid because a more efficient battery is being used. This will reduce the overall cost of the grid that gets passed on to consumers. He stated he cannot promise rates will decrease, but he can promise rates will not go up because of the project. Planning and Zoning Commission May 15, 2014 Page 5 Mr. McKissack further stated the project will not increase traffic as it is an unmanned site that uses remote monitoring. There will be no people on site on a regular basis but periodic inspections will be performed. There is no environmental hazard as the batteries are not liquid or flooded cell batteries and are triple contained. The batteries are on self-contained shelves installed in a rack similar to a computer server and are installed inside the equivalent of a shipping container. There will be no burden on the city or the county as no sewer or water is necessary to operate the facility and no night time lighting is needed. Mr. McKissack stated again the project will increase reliability to local electrical grid. It will be landscaped and buffered and essentially hidden from view, not changing the character of the surroundings. The project will create local construction jobs and help facilitate development of wind and solar energy projects being connected to the grid by providing success of the storage facility. Renderings were shown of the landscaping plans proposed. Mr. McKissack elaborated the project has any supporters, both locally and state-wide and is approved for participation in the ComEd smart grid test bed which means it is a demonstration project working hand in hand with ComEd to prove that reliability is improved. GlidePath has over 20 years experience in the power industry and many of the employees started working for ComEd. The advanced energy storage site is located on Front Street and is located several hundred feet from the ComEd substation. He explained there is too much wetland for the project to be any closer to the substation. Mr. McKissack presented a several representations of the site plan which showed and existing tree line bordering the project to the South, which is a heavily wooded area. The equipment was shown to be enclosed by a security fence; trees, shrubs and plantings were shown as a visual buffer; and a berm is proposed on the West end of the property as a visual buffer and to serve stormwater purposes. An aerial view of the proposed project consisting of 20 megawatts of batteries was shown and explanation was given of the appearance of the inside of the building which will not be visible, but will encompass 9 containers of batteries with each container having a power converter and transformer. There is no exposed electrical equipment, a security fence surrounds the building and the building will be under lock and key. All connections to the grid will be underground connections. The site will be paved and the equipment will rest on concrete piers and pads. Mr. Matt Nelson described the landscaping design which was designed after studying the existing topography and different views of the property from many different angles. The South end has a full tree line and 12 acres which already provides sufficient screening. Mr. Nelson explained the primary area of focus was along Route 31. The goal is to have immediate screening with no wait-period on the growth. On the Northeast side they propose to maintain the existing trees which provide natural cover and screening and will propose additional 10’ conifer trees. On the far East side once the house is removed there will still be a lot of trees left for screening and they propose adding more at a much larger height. Attorney Gottemoller explained this site is the nearest site they found with no environmental issues closest to the substation. There will be no noise except air conditioning units. The site is secure and safe with everything triggered and alarmed internally. This is a request for a use variation which is not yet covered in city ordinances because the type of use is too new. Attorney Gottemoller stated the property has been zoned office for a long time and there is not a big demand office space. There will be no negative impact on the town but it will help the electrical grid stabilize the electricity levels. The Planning and Zoning Commission May 15, 2014 Page 6 unique circumstance in this instance is that the subject property is the closest space with the size and space necessary for the grid and to get to the substation and allowing for beneficial landscaping to provide proper screening from neighbors. After construction the project will almost not be seen which means it will have no impact on the local character of the area at all. The project is consistent with the City’s Comprehensive Plan. Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter, stating the subject property consists of approximately 4.06 acres and contains a single-family residential home. The request is a use variance to permit dry cell battery storage which provide backup power stability and supplement the electrical grid. Staff has requested the applicant contact the McHenry Township Fire Protection District to review the specifications/Material Safety Data Sheets pertaining to the physical composition of the batteries, how they are stored and monitored and answer any questions they may have. The battery power system will be monitored off-site. Form E, approval criteria for use variances, includes additional information about the proposal and how it meets the approval criteria outlined in the form. Staff has met with the applicant and his team many times to understand the project being proposed. The property is unique having a lot of inherent challenges such as the grade drop-off east to west from 12-15’, and stormwater issues and the sensitive drainage area of the city where it is located. One of staff’s major concerns about any development on the subject property has been primarily related to stormwater runoff and impact on adjacent properties. The proposed project will be limited to the western end of the parcel abutting Illinois Route 31 and mass grading will be minimal, as will the amount of additional impervious coverage on the site. The initial site engineering has already undergone a review by the City Engineer and the developer will need to provide additional information and clarification prior to the issuance of a stormwater management permit, but staff does not foresee any major issues which cannot be addressed during the engineer’s review process. The applicant has also submitted a tree preservation and landscape plan, which has been reviewed by the City’s Superintendent of Forestry and Park Planning, for all the existing trees on the site. The applicant has stated it is their intent to try to save all of the existing vegetation and supplement them with additional plantings. After learning about the project and understanding the use being proposed, staff’s biggest concern is screening and security and how it will impact adjacent properties. The proposed use will be encompassed within a fenced-in area as depicted on the site plan. Staff has recommended the use of a barbed wire fence at the top, most of which will be screened. Emergency- style lighting will be utilized which must comply with the city ordinances and noise will also need to comply with the performance standards in the zoning ordinance. The site will be essentially unmanned unless maintenance or a problem occurs which needs to be addressed, thus the potential exists for this type of use to be an attractive nuisance. Staff is recommending the existing home on the property be demolished prior to receipt of a certificate of occupancy. The home is non-conforming and staff has found placing a time limit to require demolition over some specified period has not been an effective solution in the past with similar properties. The Illinois Department of Transportation has been working on a future plan for Route 31 from Route 176 in Crystal Lake to Route 120 in McHenry and has proposed a hard median which includes the Planning and Zoning Commission May 15, 2014 Page 7 portion of Route 31 adjacent to the subject property. This would restrict the property to a right-in/right- out access if approved in that manner. Staff is recommending any right-of-way required for future improvements to Route 31/Front Street be dedicated by the developer of the subject property to facilitate future roadway improvements. Staff is also recommending a 30’ right of way dedication prior to a certificate of occupancy being issued. Staff has reviewed the project to confirm its compliance with all criteria outlined in Table 32(A) of the zoning ordinance. The subject property is zoned office park, which in staff’s opinion, limits any immediate future development of any type of office building due to the overabundance of existing office property. There are presently approximately 53 existing office/business park properties that are available in some capacity in the city. Further, if a hard median is incorporated along Route 31 in the future, the subject property will be restricted to a right-in/right-out access which will also significantly limits its practical use. Deputy City Administrator Martin further stated the property has a significant physical challenge related to the change in grade from east to west, which makes land development and site improvements extremely costly due to the expenses which would be associated with providing adequate off-site drainage improvements for the proper conveyance of water. The property lies in the midst of an extremely sensitive drainage area and limiting the amount of grading, cut and fill (land disturbance) and impervious area will definitely benefit the surrounding area. The use as proposed will not alter local character and is consistent with the comprehensive plan. It provides a benefit to the overall electrical infrastructure within the City and its location is critical due to the proximity to the existing ComEd substation on Lillian Street. Staff recommends approval of the use variance to allow the subject property to be utilized as a battery storage facility as proposed as part of this application subject to the following conditions: • Compliance with all comments from Tom Schmidt regarding screening and tree preservation prior to issuance of building permit; revised plans must be submitted addressing comments noted in 4/30/14 memo; • Permit must be issued prior to any tree removal; • Compliance with all comments from Chad Pieper prior to issuance of building or site development permit; revised plans must be submitted and approved by Chad Pieper prior to issuance of stormwater management permit; • Permit must be issued for demolition and the McHenry Landmark Commission must be given permission to go through the home prior to demolition; • Existing home must be demolished, in accordance with all City ordinances and regulations and existing drive is to be removed as depicted on site and engineering plans and new construction is to begin simultaneously; • Following demolition of existing home and driveway, the site must be fully restored, landscaped (sodded or seeded), including interim measures to control erosion and sedimentation, subject to approval by Superintendent of Forestry and Park Planning; • Well and septic abandonment permits and all utility disconnection permits must be obtained by appropriate regulatory jurisdictions and submitted to the City prior to issuance of a demolition permit; Planning and Zoning Commission May 15, 2014 Page 8 • Approval letter from Illinois Department of Transportation regarding access, site development and amount of right-of-way which will be required for future road improvements shall be submitted prior to issuance of building or site development permit; • Sidewalk must be constructed along entire Route 31 frontage of subject property in accordance with the Municipal Code; • Development of site shall be in substantial conformance with changes as noted above incorporated into revised plans, with Engineering and Site Plan prepared by Cemcon, Ltd. dated 4/18/14 consisting of one page and Tree Preservation and Landscape Plan prepared by Nelson Design Associates inc dated 4/18/14 consisting of four pages; • Photometric plan, lighting fixture cut-sheets and manufacturer’s specifications shall be submitted prior to issuance of building permit; • Fencing detail with specifications, including incorporation of barbed wire, shall be submitted prior to issuance of building permit; • All containers located within fenced-in area must be painted an earth-tone color so as to blend in with surrounding area; • Plat of dedication for a 30’ right-of-way required along Front Street must be prepared and submitted by developer prior to issuance of a certificate of occupancy; and • Exterior signage shall be incorporated into the site regarding use of high-voltage transformers and other warning-type signage. Chairman Strach invited questions and/or comments from the Commission. Commissioner Vallez inquired what the life of this type of facility is and if there are any other facilities like the one being proposed in Illinois. Mr. McKissack replied the batteries have a life of approximately 10 years at which time they would be removed and replaced with new batteries and the facility can last anywhere from 30-50 years. He also stated there are no other facilities of this type in Illinois but Glide Path is consulting on doing something similar at the Shedd Aquarium for their own purposes. He stated there are some roughly of the same scale in the United States in West Virginia and Texas. Commissioner Vallez asked Mr. McKissack if this is the first battery project Glide Path is involved in. Mr. McKissack replied it is the first battery project they are working on but they have been in business for a long time. Commission Vallez further inquired if any of the similar battery facilities in the United States have experienced any problems that GlidePath is aware of. Mr. McKissack replied the application is unique and the technology is well known. The facility in West Virginia is essentially the same application and it did not experience any problems that they know of. Commissioner Vallez noted he wanted to be research has been done to protect McHenry residents and whether the city could request a condition that the fire department be required to sign off on any plans before final approval is given. Mr. McKissack said there are many battery applications on stand-alone sites not on this scale that operate successfully. He did reach out to the fire department and was put in touch with the fire prevention unit where a meeting is scheduled and they have offered training site visits as well. Mr. McKissack stated it is their intent to cooperate fully with all local officials. Deputy City Administrator Martin stated an additional condition could be added to the use permit requiring the Fire Department to give a sign-off letter on the project to assure residents their concerns have been addressed. Planning and Zoning Commission May 15, 2014 Page 9 Commissioner Thacker asked the timeframe for buildout in order to be operational. Mr. McKissack stated there is a 3-4 month period for construction and they hope to be fully operational in January or February, but it is dependent on ComEd. Commissioner Sobotta asked how this site in McHenry was chosen, if there was a ComEd grid study saying this type of facility was needed here, and whether or not the existing ComEd substation is unstable and/or has excessive complaints for the area. Mr. McKissack stated the location screening analysis comes from the utility company specifically and the location of the McHenry substation and the topography of the electrical grid near it benefitting the grid better helped the choice of location. Mr. McKissack further stated he is not aware of excessive complaints in the area. Commissioner Sobotta asked if GlidePath is working on similar applications at other locations. Mr. McKissack stated they currently are proposing three total projects at same time. The other two are in Joliet and West Chicago. Commissioner Doherty inquired how the grounds will be maintained in the future and who will be responsible for it. Mr. McKissack stated GlidePath will own and maintain the property 100%. Commissioner Thacker asked what a typical schedule looks like as far as GlidePath doing preventive work on the property. Mr. McKissack stated they would typically schedule routine maintenance twice per year and do inspections 2-4 times monthly to determine the needs on the property. Commissioner Strach asked Mr. McKissack if there is any plan in the future for expanding the project any larger than it already is being proposed. Mr. McKissack replied there are not. Attorney McArdle asked who would be remotely monitoring the property. Mr. McKissack replied it will be an operations center that is not yet contracted and may not be in Illinois. Attorney McArdle further asked if the property is exempt from real estate taxes. Attorney Gottemoller stated the property is not exempt as it is personal property, essentially just containers attached with anchor bolts to concrete piers. Attorney McArdle asked what the worst case scenario that can happen might be. Mr. McKissack replied it would chirp and go offline. Discussion ensued regarding the air conditioning units and noise. Mr. McKissack explained there is a central chiller for each container and noise would be no more than that of standard office chiller units and they will comply with city noise ordinances. Deputy City Administrator Martin stated they must comply with the noise standards by ordinance. Chairman Strach opened the floor to questions and comments from the audience. The following were sworn in by Chairman Strach prior to their addressing the Commission: Mr. Anthony Pintozzi, 3510 Larkin Lane, McHenry stated his property is a direct next door neighbor to the south of the proposed facility. He asked if there will be fire hydrants or room for a fire truck to go in and turn around on the property. He also asked how long the contract with ComEd is valid and if there are provisions in place to return the property to its existing appearance if any issues arise. Mr. McKissack stated there is enough space for a fire truck to turn around. He further stated there are no hydrants proposed but there will be a fire suppression system in each container. Mr. McKissack stated the length of the contract is as long as they’re operating the facility and ComEd can only terminate the contract if they are violation of the grid. Mr. Pintozzi asked if his property value will be lowered because Planning and Zoning Commission May 15, 2014 Page 10 of the facility. Mr. McKissack replied in the negative stating the project will be screened and should not have an effect on the property value. He stated the more reliable grid is a positive benefit for possible future developments in the area. Mr. Pintozzi inquired how the power gets to the substation from the battery facility. Mr. McKissack replied ComEd will run a dedicated line from the substation to the project through underground cables. Mr. James Skopec, 203 Dale Ave, McHenry inquired about the voltage and megawatts of the facility especially in regard to lightening strikes, etc. Mr. McKissack stated it is 30 megawatts and 34,000 volts and is no more susceptible to lightening strikes than anything else. He stated the equipment containers are solidly grounded to the earth which will divert any lightening strike around the containers. Mr. Skopec stated his property is on Dale, to the east of the project. He asked if more trees can be put on the subject property behind his property so they don’t see clear through to Route 31. Mr. Nelson stated he did not think there would be any problem with that issue. Deputy City Administrator Martin stated the preliminary landscape plan was not approved as presented and the applicant must fill in where gaps are showing by our ordinance requirements. Mr. Dirk Howell, 3903 W High Street stated his property is north by one lot with his back yard overlooking this property. Mr. Howell inquired if there is detention areas proposed on the property and if they considered any sites less close to residential areas. Mr. Serafin stated affirmatively there is a detention area in the plan as well as a containment berm and an underground detention facility. Mr. McKissack stated they did look at other sites but they were undevelopable due to environmental issues. Attorney Gottemoller stated wetlands development permits may never be obtainable by the Army Corps of Engineers because wetlands serve a purpose and developing them can create other problems nearby. Mr. Howell had a concern with the appearance from his property and making sure a final inspection is done to look at the issue. Mr. McKissack stated they are open to adding additional screening if necessary to provide a full visual barrier. Deputy City Administrator Martin stated the commission can entertain conditions over and above what is recommended by Staff. He recommended an additional requirement of an evergreen screen row in that area to avoid headlights of vehicles pulling into and out of the property. Chairman Strach closed the public comment portion of the hearing at 8:50 p.m Attorney McArdle inquired how long GlidePath has been in existence and whether it is an Illinois company. Mr. McKissack stated they have been in business for 20 years and yes, the founder, Dan Foley, is out of Elmhurst. Commissioner Nadeau asked if any part of the facility is affected by cold weather. Mr. McKissack stated the containers are climate controlled so there would be no issues with the weather. Motion by Nadeau, seconded by Bromley, to recommend to the City Council with regard to File No. Z- 834, an application for a use variance to allow the subject property to be utilized as a battery storage facility as a means of providing backup power and increased stability to supplement the local, regional and multi-state electrical grid, on the property located at 302 N Front Street as presented by applicant GlidePath Power, LLC, subject to the following conditions, as amended: • Compliance with all comments from Tom Schmidt regarding screening and tree preservation prior to issuance of building permit; revised plans must be submitted addressing comments noted in 4/30/14 memo; • Permit must be issued prior to any tree removal; Planning and Zoning Commission May 15, 2014 Page 11 • Compliance with all comments from Chad Pieper prior to issuance of building or site development permit; revised plans must be submitted and approved by Chad Pieper prior to issuance of stormwater management permit; • Permit must be issued for demolition and the McHenry Landmark Commission must be given permission to go through the home prior to demolition; • Existing home must be demolished, in accordance with all City ordinances and regulations and existing drive is to be removed as depicted on site and engineering plans and new construction is to begin simultaneously; • Following demolition of existing home and driveway, the site must be fully restored, landscaped (sodded or seeded), including interim measures to control erosion and sedimentation, subject to approval by Superintendent of Forestry and Park Planning; • Well and septic abandonment permits and all utility disconnection permits must be obtained by appropriate regulatory jurisdictions and submitted to the City prior to issuance of a demolition permit; • Approval letter from Illinois Department of Transportation regarding access, site development and amount of right-of-way which will be required for future road improvements shall be submitted prior to issuance of building or site development permit; • Sidewalk must be constructed along entire Route 31 frontage of subject property in accordance with the Municipal Code; • Written sign-off must be obtained from the McHenry Fire Protection District regarding the accessible turn around space needed for emergency vehicles and the fire suppression system; • Development of site shall be in substantial conformance with changes as noted above incorporated into revised plans, with Engineering and Site Plan prepared by Cemcon, Ltd. dated 4/18/14 consisting of one page and Tree Preservation and Landscape Plan prepared by Nelson Design Associates inc dated 4/18/14 consisting of four pages; • An additional row of 6’ tall evergreens at planting to be installed along the north property line abutting the property to north be added to the landscape plan; • Photometric plan, lighting fixture cut-sheets and manufacturer’s specifications shall be submitted prior to issuance of building permit; • Fencing detail with specifications, including incorporation of barbed wire, shall be submitted prior to issuance of building permit; • All containers located within fenced-in area must be painted an earth-tone color so as to blend in with surrounding area; • Plat of dedication for a 30’ right-of-way required along Front Street must be prepared and submitted by developer prior to issuance of a certificate of occupancy; and • Exterior signage shall be incorporated into the site regarding use of high-voltage transformers and other warning-type signage. Be granted, and that Table 32(A), of the Zoning Ordinance, has been met. Voting Aye: Bromley, Doherty, Vallez, Nadeau, and Strach. Voting Nay: Sobotta, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion carried 5-2. Planning and Zoning Commission May 15, 2014 Page 12 Attorney McArdle inquired if the batteries are recyclable. Mr. McKissack replied affirmatively. Chairman Strach closed the Public Hearing regarding File No. Z-834 at 9:00 p.m. Staff Report The next meeting of the Planning and Zoning Commission is Thursday, June 19, 2014. Commissioners were asked to keep their packets on the Prairie Point Land Development Corporation, File Z-833, and bring it to that meeting. Also on the agenda at this time is a garage variance at 4807 Home Avenue. Other Business Commissioner Strach welcomed new Commissioner Brian Bromley. Mr. Bromley stated he is a civil engineer and is happy to contribute to the community. Adjournment Motion by Sobotta, seconded by Doherty, to adjourn the meeting at 9:05 p.m. Voting Aye: Bromley, 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 9:05 p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Secretary City of McHenry