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HomeMy WebLinkAboutMinutes - 1/18/2023 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes January 18, 2023 Chairwoman Rockweiler called the January 18, 2023, regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:06 p.m. In attendance were the following: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Lehman. Absent was Commissioner Smale. Also in attendance were City Planner Cody Sheriff, Community Development Director Ross Polerecky, and Deputy City Clerk Monte Johnson. Approval of the Agenda: A motion was made by Commissioner Bremer and seconded by Commissioner Riley to approve the agenda as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Davis, Riley, Gleason, and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried. Approval of Minutes: Approval of the November 16, 2022, regular meeting minutes as presented. A motion was made by Commissioner Riley and seconded by Commissioner Bremer for approval as presented. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried. Public Input No members of the public offered any public input. File No. Z-2023-02 Petitioner: CL Quick Stop of Belvidere Inc. (DBA Lucky Poker) of 1901 N State Street, Belvidere, IL 61008 Conditional Use Permit Tavern/Bar Without Live Entertainment and Zoning Variations to allow a reduction in the required number of Off-Street Parking Spaces at 700 N. Front Street Chairwoman Rockweiler opened the file at 7:08 p.m. and City Planner Cody Sheriff explained that the petitioner has met all public notice requirements. Petitioner Kevin Olson and Attorney Nathan Noble were sworn in by Chairwoman Rockweiler. The petitioner stated that they would like to move their business across the street in the building for sale. This would make a nicer place for their business. Planner Sheriff explained that they currently run as a bar/tavern without live entertainment. This requires a conditional use permit. It is zoned commercial and has ample parking for their business in the opinion of Staff. There are no anticipated adverse impacts. The dense row of evergreens must stay. Planning and Zoning Commission January 18, 2023 Page 2 Chairwoman Rockweiler opened the public hearing portion of the meeting at 7:12 p.m. With nobody wanting to speak, she closed the hearing at 7:12 p.m. All members of the Commission agreed that they have no issues with the request. There seems to be ample parking and no negative impacts are expected. A motion was made by Commissioner Bremer and seconded by Commissioner Gleason to recommend approval of the petitioner’s request for a Conditional Use Permit for a tavern without live entertainment. And by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Smale, Davis, Riley and Lehman. 0- nay; 0-abstained; 1-absent: Smale. Motion Carried. A motion was made by Commissioner Lehman and seconded by Commissioner Riley to approve the petitioner’s request for a variation to allow 11 parking spaces in lieu of the required 20 spaces. And by making said motion, I agree with staff’s assessment that the approval criteria for variances have been met as outlined in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried The hearing for file Z-2023-02 was closed at 7:15 p.m. File No. Z-2023-01 Petitioner: Land Reserves, LLC. of 5435 Bull Valley Road, Suite 330 of McHenry, IL 60050 Preliminary and Final Plat of Subdivision for McHenry Lakes Business Park, Zoning Map Amendment to RS-1 Low Density Residential District with an AM Agriculture & Mining Overlay and C-5 Highway Commercial District, Conditional Use Permit for Earth Extraction, Processing, asphalt/concrete recycling, and outdoor storage of the construction of a lake, and Zoning Variations Chairwoman Rockweiler opened the file at 7:15 p.m. City Planner Sheriff explained that the petitioner has meet all public notice requirements. Jack Pease of Super Aggregates/Land Reserves was present with Project Manager Phil Brown. Both were sworn in by Chairwoman Rockweiler. Mr. Pease explained that he has been in business for 55 years. They have been an earth moving contractor and are in the sand & gravel market in the area. They presented a booklet to Commission members to explain their proposed project and the need for another sand & gravel pit in the area. For 70+ years the pit in Algonquin has provided for the area but it is closing this year. Five years ago there were 31 operating facilities in McHenry County. At the beginning of 2022 there were only 14. Three of those ran out of Planning and Zoning Commission January 18, 2023 Page 3 material this past year, and in two years the number of facilities is expected to fall to seven. He believes this gravel pit will be necessary to keep the supply needed for the McHenry County area and to keep costs low for projects undertaken by our local governments. His booklet showcased numerous projects done by his company. Unlike larger corporations interested in mining, his company also is a real estate developer. They care as much about the finished real estate project as they do about the mining. The proposed development would have a wash plant that would not move throughout the process. It is proposed to be 600 feet from Route 120 with a berm surrounding the entire operation. A traffic study was done and it is anticipated that 95% of the material leaving the plant would be heading eastbound. In total, there is an expected 6.5 million ton of material to be processed, with about 50 loads per day and five loads per hour. He addressed concerns about noise, dust, and vibrations. There will be a paved driveway from Route 120 to the wash piles. The area around the piles is damp and materials are cleaned and moist. There is not much dust created. Noise should not be a concern as they have showed at their other locations. While groundwater contamination is one concern of nearby residents, they have groundwater monitoring wells that are under control and monitored by the Health Department and the Illinois EPA. They are asking for a variation in hours of operation for governmental agency emergencies only. Another variance requested is for the height and location of the berm. They are requesting a 6-8 foot tall berm with a more gentle slope that gives a better shield from the line of sight. Pictures and examples of other berms at other developments were shown and discussed. Mr. Pease reviewed the revenues to the City on page 17. Revenues from a property tax base should give the City $600,000 in property taxes. Sales taxes should equal about $1 million over the same 20 year period. It was also suggested that instead of spending money on water and sewer infrastructure, that money could go to the City as a royalty. Mr. Sheriff gave his staff report in detail. Green lines on the map show where the berm should be located per the City’s ordinance. The red line shows where mining operations should be located. The ordinance only allows 10 years of mining, so a renewal would be required after 10 years. They have proposed a berm height of 6-8 feet, and there is already a planting requirement for berms. Lakemoor can’t supply water and sewer to this operation, and the City of McHenry was under the assumption that the operation would get its service from the City. After discussion of the water & sewer services, the elimination of those services could be put into a variance as well. This would also be discussed in a possible development agreement with the City Council. Mr. Sheriff also explained how it is proposed that the property come in with one zoning classification but would turn into a different zoning classification once the mining is completed. Planning and Zoning Commission January 18, 2023 Page 4 Commissioner Davis asked if there is a fence requirement for the berm. Mr. Sheriff explained that there must be a decorative fence 4.5 high along the berm. Commissioner Davis asked about the location of the truck entrance. It was explained that it is located on Route 120 at the southeast corner where there is a right turn lane for westbound traffic. This was determined the best location per IDOT. Because this is on a State highway, IDOT gets to make the determinations of the entrances and traffic flows. Commissioner Gleason asked for clarification on the future revenue projections. Mr. Pease sated that only about a dozen homes will be built on the proposed mining site, with an other dozen on a north property that is not part of the mining project. There can only be about a dozen homes because of the strict requirements for septic systems. Chairwoman Rockweiler opened the public hearing portion of the meeting at 8:38 p.m. She explained the guidelines for public participation. The first section is for questions only, and the second section is for testimony. Questions and comments should be factual. Sean Blanken asked questions regarding the berm, but was quickly warned that he was speaking in an unacceptable manner that was considered rude or disrespectful by Chairwoman Rockweiler. After continual warnings for his behavior, Mr. Blanken left the meeting voluntarily. One member of the public asked about concrete and asphalt. Mr. Pease explained that they do not produce concrete or asphalt. Their only provision is that they can recycle the crushed asphalt if requested for local projects. They already have a large operation in Volo that is just 4.5 miles away. They are not looking to start another large operation such as that. There will be no crushing or recycling at the proposed plant. Kathleen Schlueter asked what the hours of operation would be. Mr. Pease explained that it would be 6:00 a.m. to 6:00 p.m. Monday through Friday, and 6:00 a.m. – 2:00 p.m. on Saturday. The industry expects trucks ready to go by 7:00 a.m., so they start loading at 6:00 a.m. Not much happens after 3:00 or 4:00 p.m. because most work is completed by that time. The time variance would only happen in an emergency with the City’s approval. Cliff Bouke asked about the dangerous chemicals in asphalt. Mr. Pease explained that the EPA does not have big concerns over crushing concrete or asphalt. The elements are inert and they are just using earth products of sand and stone. There is some silica dust, but our local sand and stone isn’t high in silica. They spray 25 gallons of water per minute above the operation to stop the dust particles. The recycling occurs in Volo and the plan is not to do crushing or asphalt at the proposed location. Mr. Bouke referenced Google to find information about dangerous chemicals in asphalt. Planning and Zoning Commission January 18, 2023 Page 5 Anthony Ramseran explained that each morning they have 20-30 deer near their home. There are also coyotes and birds. He asked if there has been any thought to the environmental impact for the local animals. Some deer already get impaled on the fence. Mr. Pease explained that right now all 110 acres are tillable. They only mine a portion at a time, and he believes that once completed they animals will like the new habitat even better than the current farm fields. This tends to be more suitable for the animals than the tract housing that comes in and destroys and entire area where animals reside. Tim Kuraszek asked how many gravel pits are currently in the middle of residential neighborhoods. Mr. Pease explained that out of the 10 they have now, and four completed, they have 10 of the 14 in residential areas from the day they started. Mr. Kuraszek asked how many they moved in on, and Mr. Pease stated that probably less than half of the developments are like that. Mr. Pease stated that they want the development as much as they want the gravel pit. They have built 27 residential estate subdivisions to date. They must do gravel pits near residential neighborhoods because that is where they gravel is. Northwestern Illinois is a populated area and it isn’t possible to get gravel pits that aren’t near homes. Mr. Kuraszek asked if their employees wear a monitor for silica dust in the air. Mr. Pease said that the EPA requires them to do tests for dust but not when there is no visible dust in the air. OSHA does not have jurisdiction in the gravel operation and they are regulated more strictly than what OSHA would regulate. Mr. Kuraszek stated that they live on the east side, and he questioned how closely they would be mining to that side. Mr. Pease stated that the full depth is 150 feet to the edge of the lake. From there it may be 5-10 feet deep. The edge of the lake is 150 feet to the property line. Putting the berm closer to them actually helps shield their line of site. Mr. Kuraszek questioned if the Spring Grove pit had 40 years of inventory. Mr. Pease stated that this may be true but they are only able to get 1 million tons out each year. Mr. Kuraszek also questioned what would happen if the federal infrastructure money dries up in 2024, and if there would not be as much of demand. Mr. Pease stated that the government would make sure money was available for infrastructure. Pam Fullmer questioned who owned the 10 acres of property to the east of the outdoor theater. It was explained that the property closest to the theater was not owned by them, but they did own the property to the farthest east. They do not plan to do any mining at that location, but would develop homes there in the future. She questioned their property values getting lowered, and Mr. Pease stated that they plan to make the property nicer once their development is completed. He also stressed that there should be no noise heard from the north side of the pit. A resident in Stone Woods asked if the property has been annexed into the City of McHenry. Planner Sheriff explained that the property currently sits in the jurisdiction of the County as it is currently unincorporated. The parcel would be annexed into the City. The property to the north has an annexation agreement with Lakemoor, but that Planning and Zoning Commission January 18, 2023 Page 6 agreement would expire in 2029, and the property owner could petition to have it annexed into any municipality that it is touching. A resident near Country Lane and Chapel Hill Road asked how this development might impact an annexation to the City for the Eastwood Manor subdivision. Mr. Sheriff explained that property must be wholly surrounded and must be less than 60 acres to be forcibly annexed. That neighborhood could not be forced to annex. He also asked about the water table as they have a private water company supply their water. Mr. Pease explained that they stop their operations before hitting the water table. The EPA and Health Department review samples and observe the operation for any concerns. There was also concern about the traffic accidents at the 120/Chapel Hill intersection, and how more traffic could make things worse. Mr. Pease explained that IDOT and McHenry Department of Transportation is working on the issue. A study has been done and there could be future plans to widen Chapel Hill Road. Another resident asked about the variance request for accepting crushed concrete, and if that variance is denied, would it stop the development. Mr. Pease explained that the request was only to help local contractors with a special use permit and not a variance. This was just to keep costs down for local contractors. If this was denied, that would not stop the development. Mike Palomino asked about the realistic end date of the gravel pit. Is 17 years realistic, or what will things look like in 20 years? Mr. Pease stated that 17 years is a realistic end date, and that in the last 2-3 years they would be working by the berm on the east side. It was asked if the berm would stay permanently, and Mr. Pease stated that some people like the berm to be removed when operations cease because they want to enjoy the scenery and new lake. Mr. Pease offered to get information to people to show past developments by neighborhoods and how they now look. A resident asked what makes this development different than Thelen. Mr. Pease stated that Thelen is producing at four times the pace with four times larger equipment. They handle the material more times than he will, and they use a large clam dredge with a conveyor with a lot of cobbles. Mr. Pease will do sand and pea gravel. Their material doesn’t get crushed and gets screened instead. It was also asked why they would have a road that connects Velmar Estates to Lincoln Road. Mr. Pease explained that many jurisdictions like the idea of connecting roads for safety purposes. Fire and police departments want those access roads for public safety. That road is only a proposal and nothing regarding the road has been finalized. Chairwoman Rockweiler declared a recess for five minutes at 9:50 p.m. Chairwoman Rockweiler reconvened the meeting at 9:58 p.m. She began the testimony part of the hearing and explained that only facts would be considered. She reminded participants to be respectful with their comments. Planning and Zoning Commission January 18, 2023 Page 7 Lisa Godzicki was sworn in by Chairwoman Rockweiler. She explained she has been a resident of Glenmar Estates for 18.5 years. She is concerned about noise, pollution, water, and the property values. As a realtor, she has shown houses on Burning Tree that people refused to purchase because they looked out the window and saw the gravel pit. She doesn’t want the quality of life to deteriorate and people love living in that area because it is so small. Colleen Kuraszek was sworn in by Chairwoman Rockweiler. She stated that Thelen moved in a few years ago, and every day at 6:00 a.m. they conveyor belts run along with the rock crushers. The noise ordinance doesn’t seem to matter as they hear noise 14 hours a day, six days a week. The berms are 20-25 feet high and they still hear constant noise. She is also concerned about carcinogens and air particles. They can’t have the windows open because they can’t stop the particles. Well water is also a concern, and the schools should also be concerned. The revenue the City would be making doesn’t seem like it is enough compared to all of the issues being addressed. She worries about the kids and the property values. Tim Kuraszek was sworn in by Chairwoman Rockweiler. He stated that the neighborhood is full of kids and a four foot fence on a 6 foot berm won’t keep the kids out. He worries about them crawling into the lake and being killed or injured. There is no reason to drop a gravel pit into a neighborhood as it would do the residents a great disservice. The decision will affect the quality of life for as long as they live around there. Kathleen Schlueter was sworn in by Chairwoman Rockweiler. She explained that she lives down the hill and they hear the trucks from Thelen. Putting in another gravel pit would make it really loud. The biggest concern is the dust, noise, traffic, and property values. She realizes that they may develop the land to make it nice once the gravel pit is gone, but wonders if they can just build the nice neighborhood now instead of making them suffer for 15-20 years with the gravel pit beforehand. Stan Mill was sworn in by Chairwoman Rockweiler. He explained that he fully understands the value of the gravel pit. However, they need to look at the quality of life of the residents, hours of operation, berms, setbacks, noise, dust, and water wells. The wells on the west neighborhood could be impacted. They need assurances that trucks and the traffic on Route 120 won’t be an issue. He also heard rumors that there should not be a ready mix plant. He has personally seen what nice things Mr. Pease has done with his other properties and commends him on that. If there were assurances through the zoning process that what they did for Dutch Creek can be done here, that would make them a good neighbor. There are 52 homeowners nearby, of which 51 have been there for 25 years or more. He implores the City to do the right thing so they can be proud of what they have. They will be affected for 20 years or more for what is being planned. Planning and Zoning Commission January 18, 2023 Page 8 Chairwoman Rockweiler thanked all of the residents for their heartfelt and respectful comments. She closed the public hearing at 10:17 p.m. Mr. Pease was given a chance to respond to comments. He stated that his promises are always kept. He offered to share the references from his past projects. He has village administrators, chiefs of police, public works departments, and other neighbors willing to vouch for his work and his promises. They have made a pattern of being a good neighbor. Whatever they can do to make sure they have a level of comfort, they want to accomplish that. Chairwoman Rockweiler began the discussion by the Planning Commission. She sated that if they wanted to have a gravel pit in this location, this is the company they want working there. But she is not certain this is a good place for a gravel pit. She shares some of the same concerns as the residents and the concerns on the staff report. She believes they are a good company and that they know their stuff, but is not sure this is the right place for the development. Commissioner Bremer had concerns about the traffic and the noise. Property values of neighboring residents is a major concern as well. Commissioner Riley wasn’t as concerned about the noise as he was about being surrounded by residential neighborhoods for so many years. Commissioner Lehman echoed those sentiments, and focused on traffic and noise issues. Commissioner Gleason shared the same concerns. He is worried that other developers may not want to come to that area knowing that there is a gravel pit nearby. Commissioner Davis shared the same concerns as each of the other commissioners. A motion was made by Commissioner Bremer and seconded by Commissioner Lehman to recommend approval of the petitioner’s request for a Preliminary and Final Plat of Subdivision for the McHenry Lakes Business Park Subdivision subject to the condition that all development on site shall be serviced by City Water and Sanitary Sewer as determined by Director of Public Works. Roll Call Vote: 0-ayes; 6-Nay: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman; 0-abstained; 1-absent: Smale. Motion Denied. A motion was made by Commissioner Bremer and seconded by Commissioner Gleason to recommend approval of the petitioner’s request for a Zoning Map Amendment on Lot 1 to C-5 Highway Commercial District and RS-1 to Low Density Single Family Residential with Agricultural Mining Overlay District on Lot 2 of McHenry Lakes Business Park Subdivision. And by making said motion I agree the approval criteria for Zoning Map Amendments have been met as outlined in the staff report. Planning and Zoning Commission January 18, 2023 Page 9 Roll Call Vote: 1-ayes: Commissioner Davis; 5-Nay: Commissioners Bremer, Rockweiler, Gleason, Riley and Lehman; 0-abstained; 1-absent: Smale. Motion Denied. A motion was made by Commissioner Lehman and seconded by Commissioner Bremer to recommend approval of the petitioner’s request for a Conditional Use Permit to allow extraction, earth materials processing operations, asphalt/concrete recycling operations and outdoor storage associated with the operation of a gravel pit and construction of a lake on Lot 2 of McHenry Lakes Business Park Subdivision subject to the following conditions: 1. All development on site shall be in substantial conformance with the submitted plans. 2. All operations and development shall be in substantial conformance with Chapter 18: Surface Mining of the City of McHenry Zoning Ordinance. 3. The Property Owner shall be responsible for amending the Facilities Planning Area (FPA) within a reasonable timeframe as determined by the Zoning Administrator. 4. All outdoor storage shall be related to the existing on-site business operations. And by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses have been met as outlined in the staff report. Roll Call Vote: 0-ayes; 6-Nay: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman; 0-abstained; 1-absent: Smale. Motion Denied. A motion was made by Commissioner Bremer and seconded by Commissioner Riley to recommend DENIAL of the petitioner request for zoning relief related to mining operations because the petitioner has failed to demonstrate the variance is not resulting from the Applicant Action and therefore does not meet §11-19-5 Approval Criteria for Variances. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried. Chairwoman Rockweiler closed File Z-2023-01 at 10:28 p.m. File No. Z-2023-03 Petitioner: City of McHenry Various Zoning Text Amendments including but not limited to: Chapter 3: Definitions, Chapter 6: District Regulations, §11-6-20 Outdoor Storage, and §11-10H-2 Permitted and Conditional Uses Chairwoman Rockweiler opened the file at 10:30 p.m. Planner Sheriff noted that all public notice requirements have been met. Mr. Sheriff explained that it would be helpful if the City updated its ordinances for outdoor storage and permitted uses. For outdoor storage, storage exceeding six feet can be reviewed by the Zoning Administrator and given the approval or denial. For conditional uses or permitted uses, the Zoning Administrator can permit certain aspects based on similar or other permitted uses within the underlying zoning district. For automotive repair, it would be allowed in C-5 and I-1 zones. Planning and Zoning Commission January 18, 2023 Page 10 A motion was made by Commissioner Lehman and seconded by Commissioner Davis to approve the Zoning Text Amendments as presented in the staff report. Roll Call Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried. Chairwoman Rockweiler closed File Z-2023-03 at 10:34 p.m. Open Discussion: The Trio gas station, Arby’s, Wingstop, and Starbucks are waiting on IDOT approval before being built. Staff Report: The next meeting date is Wednesday, February 15th. The new comprehensive plan and downtown plan are in the works. There is a possible update to Venice Avenue. Director Polerecky explained that the Council has approved a right-of-way study to get access to Route 120 from Green Street through the City’s property. Some of that property is under contract for purchase. The City can start working with a developer for new downtown developments. The Fire District is looking to put a station on Route 31 near Shamrock Lane. Adjourn: A motion was made by Commissioner Bremer and seconded by Commissioner Davis to adjourn the meeting at 10:38 p.m. Voice Vote: 6-ayes: Commissioners Bremer, Rockweiler, Gleason, Davis, Riley and Lehman. 0-nay; 0-abstained; 1-absent: Smale. Motion Carried.