HomeMy WebLinkAboutMinutes - 11/02/2006 - Planning and Zoning Commission
City of McHenry
Planning and Zoning Commission Meeting
November 2, 2006
Vice Chairman Buhrman called the November 2, 2006 regularly scheduled meeting of the City
of McHenry Planning and Zoning Commission to order at 7:30 p.m. in the McHenry Municipal
Center Council Chambers. In attendance were commissioners Buhrman, Ekstrom, Nadeau,
Schepler, Thacker. Absent: Cadotte, Howell. Also in attendance were Planner Zeller, City
Attorney Cahill, Deputy Clerk Kunzer.
Public Hearing – McHenry Township Fire Protection District
File No - Z-688
Station No 4
Vice Chairman Buhrman called to order a Public Hearing at 7:32 p.m. regarding File No. Z-688,
an application submitted by McHenry Township Fire Protection District for the following for the
1 ½ acre site located on Dartmoor Drive west of its intersection with Curran Road:
1. Conditional Use Permit for conditional public use in residential district;
2. Variance for driveway width to exceed maximum allowable 36’ as measured at the edge of the
sidewalk;
3. Variance from maximum permitted sound levels to allow onsite generator.
Vice Chairman Buhrman stated Notice of the Public Hearing was published in the Northwest
Herald on October 17, 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 representing the applicant were:
McHenry Township Fire Protection District Chief Wayne Amore;
McHenry Township Fire Protection District Board Chairman Allen Miller;
Architect Paul Vassos from Senti Rubel Boseman Lee Architects;
Attorney James Militello from Zanck, Coen & Wright.
All were sworn in by Vice Chairman Buhrman.
Also in attendance were the following who wished to address the Commission regarding this
matter:
1. Evelyn and Bernard Grala, 6018 Jordan Court, McHenry IL
2. Tom Romanello, 728 Legend Lane, McHenry IL
3. Mick Mendez, 403 Wimbleton Trail, McHenry IL
4. Brian and Joyce Bara, 721 Legend Lane, McHenry IL
5. Carlie Gonzales, 636 Legend Lane, McHenry IL
Attorney Militello stated the McHenry Township Fire Protection District is seeking a conditional
use permit to allow the construction and operation of Station 4 on Dartmoor Road. In
conjunction with the conditional use permit, the District is also seeking variances to allow a
59’8” driveway width at the property line. Finally, the District is requesting a variance as to the
noise provisions of the Zoning Ordinance to permit an onsite generator to be housed on the
premises. The generator would be utilized during times of power outages.
Attorney Militello noted the proposed site is located approximately 740 feet west of Curran Road
on Dartmoor Drive. The site is comprised of 1 ½ acres and is zoned RS2 pursuant to the City of
Planning and Zoning Commission
November 2, 2006
Page 2
McHenry Zoning Ordinance. The primary use of Station 4 would be to respond to calls in the
vicinity of the station. Two twelve-hour shifts/day are proposed initially, with three people per
shift. Attorney Militello acknowledged the approval criteria for conditional use permits and
variances had been met as indicated on application attachments.
Planner Zeller provided the Commission with a Staff Report regarding this project. She noted the
1 ½ acre site would house the Fire District’s Station 4 fire house which would be approximately
9,300 square feet in area. The use requires a conditional use permit. The variances being sought
are the minimum needed to make the project workable on the site. The driveway width would
allow for ease of entering/exiting emergency vehicles from the premises. The sound variance
would permit the District to have an onsite generator to be used as backup during power outages.
The generator would be contained within the fire house. Sound disturbance to the neighbors
would be minimal. Planner Zeller stated Staff supports the applicant’s requested relief from the
Zoning Ordinance.
Vice Chairman Buhrman invited comment and questions from the commissioners.
In response to an inquiry, Mr. Vassos stated the generator would be located on the mezzanine
inside of the building. The mezzanine would be nine feet above the ground floor level. Mr.
Vassos noted the noise level produced by the generator when in used would be similar to the
sound of a household vacuum cleaner when heard at the property line.
Responding to an inquiry regarding the proposed landscaping, Mr. Vassos stated the zoning
ordinance requirements as to landscaping would be met or exceeded. Noting the existing berm
on the east side of the property, Mr. Vassos stated it would be removed to facilitate construction
of the building, but would be replaced when the building is completed.
Chief Amore responded to an inquiry regarding the load testing of the generator. He stated the
generators at the existing fire houses are tested for approximately 15 minutes at 8 a.m. each
Monday morning. Responding to further inquiries regarding the amount of parking required for
the site, Chief Amore stated there would be six staff persons. Station 4 is intended to be a
satellite fire house. There are limited public facilities on the premises; hence the four stalls
provided for public parking would be sufficient.
Noting the residents in attendance were concerned regarding possible noise produced by the
generator, commissioners requested the applicant further explain the testing procedures. Mr.
Vassos responded stating the generator would be load tested once each week at 8 a.m. on
Mondays. The generator needs to be tested to ensure it will operate in the event of an emergency.
The noise level would be approximately 70 dc and would last approximately 15 minutes weekly.
Responding to an inquiry regarding the placement of the generator on the mezzanine nine feet
above grade, Mr. Vassos stated it would allow for installation of electrical wiring for the unit
below.
A question was raised as to emergency vehicle maintenance occurring on the site. All vehicle
maintenance would be done off premises. At shift change all equipment is checked and verified
to be operable. All vehicles are checked inside of the building as there would be a vehicle
Planning and Zoning Commission
November 2, 2006
Page 3
exhaust system in place. If more than general maintenance is required, i.e. oil change, adding
fluids, the vehicles/equipment would be sent out for repair.
In response to an inquiry, Mr. Vassos stated the 2,000 square foot –two-bay expansion would not
be constructed at this time due to cost constraints. However, the blueprint shows this area as
being set aside for a possible future expansion.
Chief Amore responded to a question noting the 1 ½ acre site was donated to the District as a
result of the Shamrock Farms Annexation Agreement. Some discussion followed regarding
lighting of the site. Mr. Vassos noted wall packs would be installed on the building. All light
fixtures would utilize down lighting and will therefore not flow off of the site.
Vice Chairman Buhrman invited Public Comment from the audience. The following were sworn
in by Vice Chairman Buhrman:
Evelyn Grala: Ms. Grala inquired why this particular site was chosen as it is located in the midst
of residential neighborhoods. Attorney Militello responded noting the District laid out a
geographical grid of the District, including all calls and where response initiated. It was
determined this area is in need a station in order to reduce response time. There have been a high
percentage of ambulance calls in this area. Station 4 at this location would provide protection to
the area and backup for Station 1 located at Front and Elm Streets. Ms. Grala questioned the
appropriateness of constructing a fire station in the middle of a residential subdivision.
Attorney Militello responded the District determined due to the increased population in this area,
a station at the proposed location would reduce response time for calls. Chief Amore also noted
the Johnson Family donated the site during the Shamrock Farms annexation proceedings. The
District was able to choose their 1 ½ acre site.
Some discussion occurred regarding the need for traffic signalization at Dartmoor Drive and
Curran Road.
Ms. Grala inquired as to the construction scheduled for the fire station. Chief Amore responded
noting the District would break ground in April and open the facility within twelve months. Ms.
Grala concluded stating her belief this is not a good location for the fire station.
Tom Romanello: Mr. Romanello stated the construction of the fire station at the proposed
location is a good idea. The area needs the protection it would provide.
Mick Mendez: Mr. Mendez stated he understood the land was donated to the District. He noted
he has problems with the lack of traffic signalization device at Dartmoor Drive and Curran Road.
He opined the emergency vehicles would be using their lights and sirens which would be
disturbing to area residents. The likelihood would be reduced if there were a traffic signal at that
intersection. Attorney Militello stated the Fire District selected the site. He noted when a traffic
signal is installed at the Dartmoor Drive and Curran Road intersection, fire department vehicles
would be able to use preemptive devices to assist in safely passing through the intersection.
Mr. Mendez opined the station should be located at the intersection of Dartmoor Drive and
Curran Road or at the intersection of Curran Road and Bull Valley Road. He further stated the
Planning and Zoning Commission
November 2, 2006
Page 4
public should have been notified of the existence of the District’s site in the midst of the
residential neighborhood. Mr. Mendez inquired how the District would control noise levels
created by the fire station. Mr. Vassos noted landscape will help to buffer the noise. Mr. Mendez
inquired how the noise created by emergency vehicles leaving the station using lights and siren
would be reduced, particularly for vehicles responding to calls in the middle of the night. Chief
Amore stated sirens would not be needed on every call. He noted the sirens are utilized to protect
the people the District is trying to serve.
Mr. Mendez requested clarification regarding the exact location of the generator within the
building. Mr. Vassos explained the reason for placing the generator on the mezzanine is for ease
of maintenance and enclosure of all electrical wiring in the area beneath the mezzanine.
Brian Bara: Mr. Bara stated he is in favor of another fire station as it will be an asset to the
community. He noted all subdivision plans and plats included notations regarding the fire station,
school site and park sites. Mr. Bara inquired how many of the District’s calls during the past year
would have been answered by Station 4 personnel. Chief Amore noted approximately 61% of the
4,000 calls responded to during the past year were handled by Station 1 at least 25% of those
calls could most likely have been handled by Station 4. Approximately 600-700 calls were from
this general area. Chief Amore explained the four-deep station backup plan for response to
emergency incidents.
Carlie Gonzales: Ms. Gonzales stated the proposed station would be constructed adjacent to her
back yard. She is concerned regarding noise levels of the generator and vehicles leaving and
returning to the site. She also inquired how the proximity of the station would affect her property
values and taxes. Attorney Militello responded noting there would be no additional impact on
taxes. The construction of the station would not increase assessed values of surrounding
property. Ms. Gonzales expressed concern about possible decreased value with the station being
located right outside her window. Having the station at this location would not be the same as
viewing wide open spaces outside of her windows.
Ms. Gonzales also expressed concern regarding possible light pollution emanating from the site.
She opined the light pollution could impede her view of the stars and nighttime sky. Mr. Vassos
stated the proposed light fixtures are down lights and would provide no light bleeding onto
adjacent premises.
Vice Chairman Buhrman closed the Public Comment at 8:20 p.m.
Responding to an inquiry, Chief Amore stated the western boundary of the Fire District is the
8,000 block which is approximately ½ mile west of Ridge Road. Commissioners inquired if the
property would be fenced. Mr. Vassos responded landscaping would be utilized. No fencing
would be installed around the perimeter.
In response to a request for clarification, Mr. Vassos explained the detention pond would be used
to control erosion during large water events. The detention pond would be 3 ½ to 4’ deep and
would hold water until the water is able to seep back into the ground. The detention pond would
not be permanently filled with water.
Planning and Zoning Commission
November 2, 2006
Page 5
Question was raised as to the District’s owning other vacant parcels within their Fire Protection
District. Chief Amore responded the District owns other vacant parcels. Chief Amore
responded to further inquiry, noting the District is comprised of approximately 56 ½ square miles
and serves approximately 50,000 people.
Motion by Nadeau, seconded by Schepler, to recommend to the City Council with regard to File
No. Z-688, a request for Conditional Use Permit to allow a conditional public use on the 1 ½
acre parcel of property located west of the northwest corner of the intersection of Curran Road
and Dartmoor Drive as requested by the McHenry Township Fire Protection District be granted;
and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the
Zoning Ordinance, has been met.
Voting Aye: Buhrman, Ekstrom, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Howell.
Motion carried.
Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council with regard to File
No. Z-688, a request for variance to exceed the maximum driveway width allowance to allow
access of Fire District vehicles and equipment be granted; and that Table 32, the Approval
Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met.
Voting Aye: Buhrman, Ekstrom, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Howell.
Motion carried.
Motion by Nadeau, seconded by Thacker, to recommend to the City Council with regard to File
No. Z-688, a request for variance to exceed the maximum sound levels for a back-up diesel
generator to the McHenry Township Fire Protection District be granted; and that Table 32, the
Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met.
Voting Aye: Buhrman, Ekstrom, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Howell.
Motion carried.
Vice Chairman Buhrman closed the Public Hearing at 8:39 p.m.
Planning and Zoning Commission
November 2, 2006
Page 6
Public Hearing – City of McHenry
File No. - Z-689
Zoning Text Amendment
Vice Chairman Buhrman at 8:42 p.m. convened a Public Hearing regarding File No. Z-689, a
proposed text amendment to create requirements and regulations for Bed and Breakfast
establishments in the City of McHenry.
Vice Chairman Buhrman stated notice of the Public Hearing was published in the Northwest
Herald on October 17, 2006. A Certificate of Publication is on file in the City Clerk’s Office.
Planner Zeller provided the Commission with a Staff Report regarding the proposed text
amendment. She noted the proposal was submitted by Council’s Community Development
Committee. The Committee has deemed it appropriate for Bed and Breakfasts to be allowed
conditional uses in the C4 Downtown Commercial District or any residentially zoned district.
Planner Zeller noted adopting the text amendment would provide a means to have a Bed and
Breakfast use in the appropriate districts. There are currently no provisions in the Zoning
Ordinance for such a use. The Committee has noted such a use would be particularly appropriate
and desirable along the Riverwalk. Staff is recommending approval and has suggested that such
uses be subject to renter occupancy requirements soon to be considered and adopted by Council.
Vice Chairman Buhrman invited questions by the commissioners.
Question was raised as to a requirement that Bed and Breakfast Establishments be connected to
the City’s Police Alarm Panel. Planner Zeller responded it would be considered as any other
home or business requests connection to the Police Alarm Panel and not a requirement.
Responding to an inquiry, Planner Zeller noted the McHenry County Health Department would
monitor and regulate food service provided by Bed and Breakfast Establishments, just as they
regulate all hotels and restaurants at the current time.
In response to an inquiry, Planner Zeller stated all Bed and Breakfast Establishments would be
required to obtain a conditional use permit and subject to conditions imposed by Council for the
duration of the use. Some discussion occurred regarding the proposed parking requirements for
the use. The commissioners suggested no parking variances should be allowed for the Bed and
Breakfast establishments. Planner Zeller noted an applicant is free to request any variance they
choose. It is their right to seek a variance from the provisions of the Zoning Ordinance.
Motion by Nadeau, seconded by Schepler, with regard to File No. Z-689, a request for a Text
Amendment to allow for the conditional use of Bed and Breakfast Establishments in the C4
Downtown Commercial District and in any residentially zoned district.
Voting Aye: Buhrman, Ekstrom, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Howell.
Motion carried.
Planning and Zoning Commission
November 2, 2006
Page 7
The Public Hearing was closed at 8:55 p.m.
Approval of Minutes
Motion by Thacker, seconded by Nadeau, to approve the August 17, 2006 regularly scheduled
meeting of the Planning and Zoning Commission as presented.
Voting Aye: Buhrman, Nadeau, Thacker.
Voting Nay: None.
Not Voting: Ekstrom.
Abstaining: Schepler.
Absent: Cadotte, Howell.
Motion carried 4-0.
Other Business
Vice Chairman Buhrman reported two open houses were hosted by the Community Development
Department regarding the proposed Main Street Sub-Area District. He commended Staff for all
of their work in creating the proposed district. Planner Zeller stated Staff will review all
submitted comments and will provide a revised District plan for Commission review sometime
in spring 2007.
Brief discussion followed regarding the existing rehab of the former Whale’s Tail at the
southeast corner of the intersection of Pearl Street and Green Street.
Planner Zeller reported a commission meeting will be held on November 16th. The Agenda will
include a conditional use permit and variance for the property located at 364-382 Bank Drive as
well as a conditional use permit for a restaurant serving alcoholic beverages on Green Street.
Adjournment
Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 9:03 p.m.
Voting Aye: Buhrman, Ekstrom, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Howell.
Motion carried 5-0.
The meeting was adjourned at 9:03 p.m.
Respectfully submitted,
_________________________________
Kathleen M. Kunzer, Deputy Clerk
Planning and Zoning Commission Secretary