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HomeMy WebLinkAboutOrdinances - ORD-14-1672 - 06/16/2014 - USE VARIANCE BATTERY STORAGE 302 FRONT STDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-14-1672 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW THE PROPERTY LOCATED AT 302 FRONT STREET 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 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by GlidePath Power, LLC, 18 South Michigan Avenue, 12th Floor Chicago, IL 60603 requesting a Use Variance to allow 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 SUBJECT PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on May 15, 2014 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of a use variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested use variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a battery storage facility as a means of providing backup power and increased stability to supplement the local, regional and multi-state electrical grid subject to the following conditions: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 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; Approval letter from Illinois Department of Transportation regarding access, site development and amount of right-of-way (30' dedication); 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; Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us • 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. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed and approved this 16thth day of June, 2014. AYES: Santi, Schaefer, Wimmer, Peterson NAYS: Glab, Blake ABSTAINED: None ABSENT: Condon NOT VOTING: None MAYOR ATTEST: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 382.7 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, 564.24 FEET TO THE EAST LINE OF U.S. ROUTE 12; THENCE NORTH ALONG THE EAST LINE OF SAID U.S. ROUTE NO. 12, TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO THE PLACE OF BEGINNING, (EXCEPT THE NORTH 155.0 FEET), IN MCHENRY COUNTY, ILLINOIS.