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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