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HomeMy WebLinkAboutMinutes - 11/06/2003 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION November 6, 2003 The November 6, 2003 meeting of the City of McHenry Planning and Zoning Commission was called to order by Secretary Kunzer at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Absent: Franzen, Howell. Also in attendance: City Attorney Cahill, Planner Martin, Deputy Clerk Kunzer, Alderman Glab. Secretary Kunzer requested a motion from the floor to elect a chairman pro tem for this evening’s meeting. Motion by Cadotte, seconded by Nadeau, to nominate Commissioner Buhrman as Chairman Pro Tem for the November 6, 2003 regularly scheduled meeting of the Planning and Zoning Commission. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None: Not Voting: None. Abstaining: None. Absent: Franzen, Howell. Motion carried. Chairman Pro Tem Buhrman took the chair. Approval of Minutes Motion by Cadotte, seconded by Nadeau to approve the minutes of the regularly scheduled October 2, 2003 meeting of the Planning and Zoning Commission as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None: Not Voting: None. Abstaining: None. Absent: Franzen, Howell. Motion carried Motion by Cadotte, seconded by Nadeau to approve the minutes of the regularly scheduled October 16, 2003 meeting of the Planning and Zoning Commission as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None: Not Voting: None. Abstaining: None. Absent: Franzen, Howell. Motion carried. P&Z Commission Page 2 Public Hearing: Bjorkman’s Ace Hardware File No. Z-600 4520 West Crystal Lake Road Chairman Pro Buhrman at 7:33 p.m. called to order the Public Hearing regarding File No. Z-600, an application for use variance to allow bulk fuel storage in the C3 Commercial Zoning District on the property located at 4520 West Crystal Lake Road as filed by applicant Bjorkman’s Ace Hardware. In attendance were Co-Owners Steve and Craig Bjorkman. Mr. Steve Bjorkman was sworn in by Chairman Pro Tem Buhrman. Also in attendance were the following Observers: 1. Pat Hill, 4702 Northfox #7, McHenry IL 60050 2. Dottie Thurlwell, 4602 Northfox #1, McHenry IL 60050 3. Nancy Lorr, 4702 Northfox #3, McHenry IL 60050 4. Michael Novak, P O Box 178, McHenry IL 60051. Chairman Pro Tem Buhrman noted all publication and notification requirements had been met. Notification of the Public Hearing was published in the Northwest Herald on October 22, 2003. A Certificate of Publication and an Affidavit of Service are on file in the Office of the City Clerk. Steve Bjorkman testified that the need for additional bulk propane storage is required as the sale of this commodity has drastically increased since the store was built on Crystal Lake Road. He stated nothing would change as far as propane sales. The request is simply to allow bulk fuel storage in a larger propane tank on the premises. Mr. Bjorkman noted the proposed tank would be vertical with a maximum height of 25’. The current tank is horizontal. He stated his tank installer has advised horizontal tanks are no longer being installed. Mr. Bjorkman noted the reason for the request for a larger tank is because the tank frequently runs dry in less than one week. Planner Martin provided an overview of the Staff Report. He reported in 1989 the subject property was rezoned to C3 Commercial, however, no zoning relief was sought at that time to permit bulk fuel storage on the premises. He stated typically this type of use requires a conditional use permit in the C5 Commercial District. When the applicants requested an enlargement of their bulk fuel storage tank, they were advised to seek a use variance from the zoning ordinance to permit the tank in the C3 District. Planner Martin noted the current smaller tank is horizontal. As the proposed tank is vertical and 25’ high, there are some concerns regarding its visibility to the adjacent residents in the condominiums and apartments. Planner Martin stated the storage tank facility is set back 30-40 feet from the front property line along Crystal Lake Road. It is also setback approximately 15-20 feet from the south property line, adjacent to the Post Office. Planner Martin suggested the height impact could possibly be minimized due to the setbacks front and side yard setbacks. P&Z Commission Page 3 In conclusion, Planner Martin stated it is Staff’s recommendation to approve the request subject to approval by the State Fire Marshall’s Office. Chairman Pro Tem Buhrman invited questions and comments from the Commission. In response to an inquiry, Mr. Bjorkman stated the tank would not be very visible from the Northfox Condominiums as there is a row of very large pine trees which were planted in 1989. The trees were planted to screen the commercial operation from the residents to the west. He noted the tank would be located approximately 200-300 feet from the condominium buildings. In response to a question regarding the need for a vertical tank, Mr. Bjorkman stated all new tanks are vertical, as the company no longer installs horizontal tanks. The footprint of the tank location would basically remain as is with the exception of the 25’ height of the tank. It was suggested the tank be relocated to the north side of the site. Mr. Bjorkman responded relocating the tank would be a major expenditure including trenching electrical power for the pump, placement of new footings, and removal and reinstallation of protective concrete posts. In response to an inquiry, Mr. Bjorkman said the Ace Building is approx 25’ tall. Mr. Bjorkman stated there propane sales are for cooking purposes, including use in recreational vehicles. The sale of propane is not for use in operating vehicles. The number of deliveries per week would average once per week in the summer. During peak times, such as the Fourth of July, Memorial Day and Labor Day, deliveries might increase to twice per week. The installation of the larger tank would reduce the number of deliveries required. In response to an inquiry, Mr. Bjorkman stated if a second 1,000-gallon tank were added, instead of installing the larger vertical tank, there would still be considerable expenditures as far as removing the concrete pillars and purchasing an additional pump. Planner Martin sated he was not sure of State Fire Marshall requirements regarding the placement of a second tank. He noted there may be specific setback requirements from the existing tank. He stated he would investigate this issue with the State Fire Marshall’s Office. Planner Martin also stated the State Fire Marshall has approved the installation of the proposed vertical tank. The McHenry Township Fire Protection District has reviewed the plans and has approved the installation as well. He noted a second tank would require additional footings and pump, as well as piping. Noting Commission concerns regarding the vertical tank height, Planner Martin suggested the tank installer investigate alternative plans to accommodate the Bjorkman’s need for additional onsite storage. Planner Martin read into the record a letter received from adjacent resident Laurie Martinek of 4703 Northfox Unit #2 who expressed concerns regarding this matter. She specifically stated her concerns regarding the height of the tank, impact on property values, and possible hazard to nearby residents. Chairman Pro Tem Buhrman invited questions and/or comments from the audience. P&Z Commission Page 4 Dottie Thurlwell 4602 Northfox Unit #1 inquired if the tank would be visible to Northfox Condominiums. Mr. Bjorkman stated the tank would not be visible at ground level due to the existing pine trees. He stated he was not sure if the tank would be visible at higher elevations. He noted he would be willing to paint the tank white, light blue, or whatever color so that it would blend in with the area. Commissioner Thacker stated after investigating the proposed site today, he found a fire extinguisher on the premises; however: • it did not have an up-to-date tag, • the tab was broken, and • the ring was removed, • gates to tank area were wide open, • in the area behind the pumping station there were seven discarded pallets. He expressed concerns regarding safety issues if a larger tank were installed. Mr. Bjorkman stated he would investigate the matter and rectify the situation. Mr. Bjorkman, in closing, requested the Commission recommend approval of a use variance to permit the onsite bulk fuel storage at the Ace hardware Store located at 4520 West Crystal Lake Road. He stated there are many safety factors built into the tanks and pumps. Each person who operates the pumps must go thru intensive training. Planner Martin stated he would ask the State Fire Marshall if there is another way to store the requested amount of fuel on the premises. He suggested the Commission make its recommendation conditioned upon State Fire Marshall and local Fire District approval. Mr. Bjorkman stated he and his propane supplier/tank installer would meet with Staff to seek a possible alternate solution to accommodating the need for additional fuel storage. Motion by Cadotte, seconded by Nadeau, to recommend to the City Council that with regard to File No. Z-600, an application filed by Bjorkman’s Ace Hardware for a use variance to allow the installation and operation of a 1,600-gallon vertical 25’ high bulk fuel storage tank at 4520 West Crystal Lake Road, subject to the following: 1. the applicant work with Staff to investigate an alternative plan for storing the bulk fuel on the premises which would not have a 25’ high tank. 2. the installation of the bulk fuel storage facility receive the approval of both the State Fire Marshall’s Office and the local McHenry Township Fire Protection District. and that Table 32a, the Approval Criteria for Use Variances, page 379 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Howell. Motion carried 5-0. Chairman Pro Tem Buhrman closed the Public Hearing at 8:12 p.m. P&Z Commission Page 5 Other Business Planner Martin reported on recent City Council action reference matters which had previously been considered and reviewed by the Commission. The Commission Meeting scheduled for November 20th will include: • Northgate Development request for conditional use to allow drive-thru facilities. • Zoning Ordinance amendments. In December the Commission will review possible Comprehensive Plan amendments. The Commissions suggestions regarding aesthetics will be presented to the Community Development Committee Meeting in the near future. Planner Martin stated the Community Development Committee recently reviewed Gerstad’s Adams Property proposal. Extensive changes to the plan would be required before Council would consent to its approval. Discussed at length were density and dedicated usable open space. Mr. Gerstad was advised to remove the creek and wetlands from the open space calculations. Planner Martin stated he had ordered information regarding aesthetics planning. When the information comes, Planner Martin will distribute it to the commissioners. Some discussion followed regarding the relocation of the Metra Station to the north side of the City. It was suggested planned unit developments and cluster housing be utilized more in order to present a more diverse look to housing and retail in the City. This issue will be addressed during Comprehensive Plan discussions. Some discussion followed regarding the tear-down concept. This issue will be addressed at a later time. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn at 8:28 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Howell. Motion carried 5-0. Meeting adjourned at 8:28 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk Planning and Zoning Commission C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy. P&Z Commission Page 6