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HomeMy WebLinkAboutMinutes - 02/05/2009 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Meeting February 5, 2009 Chairman Howell called the February 5, 2009 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, Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: Cadotte. Also in attendance were: Attorney Cahill, Planner Kolner, Deputy Clerk Kunzer. Approval of Minutes Motion by Ekstrom, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission as presented: January 22, 2009 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 6-0. Planner Kolner announced this evening all Commissioners were provided with copies of the recently updated Comprehensive Plan and Development Policies, the Crystal Lake Sub-Area Plan and the Main Street-Sub Area Plan. The Commission will soon be receiving the Core Downtown Sub-Area Plan upon Council approval. Public Hearing: U.S. Cellular File No. Z-736 4225 Sioux Lane Variances Chairman Howell called the Public Hearing to order at 7:31 p.m. regarding File No. Z-736, an application for the following zoning relief for the property located at 4225 Sioux Lane as submitted by Applicant U. S. Cellular: ▪ variance to allow multiple principal buildings on a single zoning lot; ▪ variance to allow a reduction in the rear yard setback from 25 feet to 12 feet. In attendance representing the applicant was Brian Maguire of U.S. Cellular, One Pierce Place, Suite 800, Itasca, Illinois 60143, who was sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on January 14, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s Office. Mr. Maguire stated U.S. Cellular is seeking zoning relief to permit the construction and operation of an 11’ x 20’ radio equipment shelter on the subject premises. The applicant would install a diesel generator for backup should it be necessary during an extended power outage (in Planning and Zoning Commission February 5, 2009 Page 2 excess of 8 hours). The applicant intends to extend the existing fencing to the east property line. The fence would secure the compound. The applicant also intends to improve the access drive from Sioux Lane to the gate. A concrete path will be constructed between the gate and the shelter. Mr. Maguire noted the visual impact upon neighbors of the shelter will be minimized due to existing vegetation. Mr. Maguire noted T-Mobile already has an antenna installed on the premises. A T & T will be going there as well. In conclusion, Mr. Maguire stated U.S. Cellular will be able to provide better service to its customers and the City will gain revenue from the terms of the lease agreement for the site. Planner Kolner provided the commissioners with the Staff Report regarding the request. She noted the applicant will be entering into a lease agreement with the City for use of the water tower. The City will gain revenue from the terms of the lease. The applicant intends to connect the existing fence to the east property line in order to provide security and contiguity of fence line for the site. Planner Kolner stated the property is zoned RM-2 High Density Multi-Family District. The variance for reduced rear yard setback is relative to the RM-2 District. The second variance required is to allow a second principal building on the site. The proposed building would not encroach on the utility easement for the property. Staff has reviewed the request and supports the variances as requested. Chairman Howell invited questions and comments from the Commission. It was noted that the narrative provided by the applicant referred to the City as the “Village” of McHenry and request was made to correct the language. Objections were raised as to the proposed diesel generator. Commissioners cited noise concerns, possible contamination/spills, fumes, etc. It was the consensus of the Commission that the applicant explore a natural gas generator instead of the proposed diesel generator. Questions were also raised regarding who would be inspecting/overseeing the installation of the building and generator. Ms. Kolner responded the Construction and Neighborhood Services Department would oversee the construction issues. Additionally, the Public Works Department and Engineering Consultant might also be involved in the review and inspection process. In any case, the applicant would be required to comply with the City’s noise ordinance and all points covered in the permit plan review and issuance. Questions were also raised regarding the proposed heavy landscaping being required around the perimeter of the building. Planner Kolner stated the request for additional landscaping came from Administration after review of the project. Concern was expressed by commissioners that perhaps the screening provided by the proposed bushes might attract vandals to the site. It was noted the heavy landscaping might cause security issues. Lengthy discussion occurred regarding the pros and cons of heavy landscaping around the building. Responding to an inquiry regarding the proximity of the nearest residence to the site, Planner Kolner stated the multi-family building to the south would be the closest residence. It is located about 100-200’ south of the subject premises. Planning and Zoning Commission February 5, 2009 Page 3 In response to commissioner inquiry, Mr. Maguire stated the generator would be located outside of the building. The building would contain only radio equipment. Mr. Maguire further explained that the generator might not even be installed immediately. When the application for variances was prepared, it included all potential equipment which might be installed on the site. The building plans and specifications are 90% complete at this time. It is possible the company may elect not to place a generator on the site. Responding to an inquiry, Mr. Maguire stated the building would be air conditioned. Question was also raised as to the tower’s structure being strong enough to support the additional antennas. Mr. Maguire responded the tower had been tested. A study was completed last year and it was reported the tower could support the additional antennas. Commissioners asked if U.S. Cellular would provide both wireless communication and internet service. Mr. Maguire responded in the affirmative. Brief discussion followed regarding the possibility that the City could offer WiFi service in the future. Mr. Maguire noted WiFi service is driven by customer demand. In response to Chairman Howell’s inquiry, there was no one in the audience who wished to address the Commission regarding this matter. Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council, with regard to File No. Z-736, a request for zoning relief as proposed by U.S. Cellular for the property located at 4225 Sioux Lane, as follows be granted: ▪ variance to allow multiple principal buildings on a single zoning lot; ▪ variance to allow a reduction in the rear yard setback from 25 feet to 12 feet; And that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Absent: Cadotte. Abstaining: None. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:56 p.m. Other Business Planner Kolner announced the Commission will be meeting on February 19, 2009. The applicant is David Kotiw who is proposing a two-building 24-unit multi-family project on the site along Bull Valley Road. This matter was last presented to the Commission in 2003 by Mr. Kotiw. A proposal from another developer of this property was presented in 2001. Planner Kolner stated she would be providing the commissioners with copies of the minutes of previous meetings regarding this property. Planning and Zoning Commission February 5, 2009 Page 4 Planner Kolner stated other future agenda items include: 1) conditional use permit for outside storage for an auto repair and service business on Elm Street; 2) monopole wireless telecommunications device to be located at the Public Works Facility at 1415 North Industrial Drive; 3) development of the Mill Street Apartments. Brief discussion occurred regarding the status of the Main Street apartment building which recently had a structure fire. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:18 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 6-0. The meeting was adjourned at 8:18 p.m. Respectfully submitted, _______________________________ Kathleen M. Kunzer, Deputy Clerk City of McHenry