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HomeMy WebLinkAboutMinutes - 1/24/2002 - Zoning Board of Appeals A REPORT THE CITY OF MCHENRY ZONING BOARD OF APPEALS JANUARY 24,2002 �.- IN THE MATTER OF THE APPLICATION OF ) MEYER MATEkIAL COMPANY CONTRACT ) Z-543 PURCHASER Ft�R ZONING, CONDITIONAL USE, ) Meyer Material AND VARIANCE PURSUANT TO THE ZONING ) ORIDNANCE OF THE CITY OF ) Zoning, Conditional Use & Variance MCHENRY, MCHENRY COUNTY, ILLINOIS ) 157 acres A Public Hearing before the City of McHenry Zoning Boazd of Appeals was held on Thursda.y, January 24, 2002. Chairman Semrow called the Public Hearing to order at 7:30 p.m. with the following persons in attendance: 1. Zoning Board of Appeals Members: Cadotte, Ekstrom, Franzen, Howell, Semrow. Absent: 'Thacker. 2. City Attorney: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Douglas Martin. 5. Director Community Development: Joseph Napolitano. 6. Applicant: Meyer Material Company, represented by Allen Miller, 1819 North Dot Street, McHenry IL 60050. 7. Attorney for Petitioners: Militello, Zanck and Coen represented by Thomas Zanck, 40 Brink Street, Crystal Lake, Illinois 60014. 8. City CounciUStaff: Mayor Althoff, Alderman Murgatroyd, Alderman Glab, City � Administrator Lobaito. 9. Court Reporter: None. 10. Registered Observers/Objectors: Paul and Judy Juske, 2907 Cherryhill Court,McHenry IL 60050 Ned Quartermain, 2903 Cherryhill Court, McHenry IL 60050 David and Clarice Currier, 2904 Cherryhill Court, McHenry IL 60050 Tom and Catherine Mulhall, 6108 White Oak Drive, McHenry IL 60050 Brian and Tracy Florence, 6003 White Oak Drive, McHenry IL 60050 Tony and Sue Cannon, 5917 Tomlinson Drive, McHenry IL 60050 Ray Becker, 5909 Tomlinson Drive, McHenry IL 60050 Richard Wasilewski, 6304 Chickaloon Drive, McHenry IL 60050 Elaine Breidenbach, 6012 Whiting Drive, McHenry IL 60050 C. McBean, 2816 Rose Avenue, McHenry IL 60050 Gordon McBean, 2816 Rose Avenue, McHenry IL 60050 Fred and Janice Koch, 2410 N Martin Road, McHenry IL 60050 Lee and Cathy Colla, 2708 Whiting Court, McHenry IL 60050 Joyce Selvig, 5603 Whiting Drive, McHenry IL 60050 Jose and Sherry Andrade, 2700 Rose Avenue, McHenry IL 60050 Mark Wachendorf, 6008 Tomlinson Drive, McHenry IL 60050 Michael Johnson, 2713 Rose Avenue, McHenry IL 60050 Richard(�ronow, 6300 April Avenue, McHenry IL 60050 Lara Coler, 6121 Tomlinson Drive, McHenry IL 60050 � Mazk and Sandy Romme, 6220 White Oak Drive, McHenry IL 60050 ' Dr. Kenn��th Reiser, 6102 White Oak Drive, McHenry IL 60050 M/M Rot�ert Varvaro, 2900 Albert Drive, McHenry IL 60050 Page 2 Z-543 1/24/02 � M/M Tom Poulos, 5816 W Radcliff Court, McHenry IL 60050 Ken and Evie Weber, 5820 Radcliff Court,McHenry IL 60050 Glen Carlson, 5900 Whiting, McHenry IL 60050 John Griffith, 2505 Bennington Lane, McHenry IL 60050 Janet Rutherford, 2418 Bennington Lane, McHenry IL 60050 Greg O'Halleran, 6105 WhiteOak Drive, McHenry IL 60050 Stefanie Warmuth, 2819 Rose Avenue, McHenry IL 60050 Nancy Renovitch, 27159 N. Anderson Rd, Wauconda IL 60084 Barbara Amandes, 2516 Bennington Lane, McHenry IL 60050. PUBLICATIO Y Notice of this Public Heazing was published in the Northwest Herald on January 3, 2002. A Certificate of Publication is on file in the Office of the City Clerk. Certified notices were mailed to all property owners of record whose property abuts the subject property. An affidavit of compliance with all notification requirements is on file in the Office of the City Clerk. LOCATION The subject property is located on the north side of Illinois Route 120, approximately '/2 mile east of the intersection of Wonder Lake Road and Route 120 and is comprised of 157 acres. SUMMARY � The Petitioners are requesting the subject property be granted the following: ■ Reclassification to RS 1 Single Family Residential with an A-M Agricultural-Mining Overlay District; ■ Conditional Use Permit to allow the operation of a commercial sand and gravel business, including the e�racting, storing, processing and transporting of sand, gravel and other earth materials and for site reclamation; ■ Variance from Chapter XIII, Section A(4) to allow an extension from the ten (IO) year time limitation to twenty(20)years. TESTIMONY Chairman Semrow swore in the following witness for the Petitioners: ■ Allen Miller, Meyer Material Company, 1819 North Dot Street,McHenry IL 60050; ■ Donald Palmer, Smith Engineering Consultants, 4500 Prime Parkway, McHenry IL 60050 ■ Thomas Zanck, Militello, Zanck and Coen, 40 Brink Street, Crystal Lake, IL 60014. Attorney Zanck provided an overview of the proposed 157-acre expansion of the existing Meyer Material Gravel Pit operation. The purpose of the annexation is to extend the life of the existing operation. The Petitioner will berm and install fencing along the perimeter of the subject property. Aggregate will be exposed and transported via underground conveyor through a tunnel to the south side of Route 120 for crushing, washing and all other operations. Attorney Zanck noted the subject property would be divided into three separate cells which would be mined concurrently with three similar sized cells on the south side of Route 120. It is �-- anticipated, if ec:onomic conditions remain stable, the operation would be completed on the north side of Route 1�0 within approximately seven years. However,the Petitioners are seeking a Page 3 Z-543 1/24/02 � variance from the Zoning Ordinance to permit an e�ension of the permitted ten-year operation to a maximum of twenty years. The time extension would become necessary if the economic conditions deteriorate. Attorney Zanck noted the reclamation of the property following the completion of �:he mining operation would restore the property to 30-40 developable single family lots surruunding a 68-acre lake. The residential lots would most likely be developed with well and septic. Mr. Miller ratified the contents of the application for zoning, conditional use and variance as presented to the Board. He noted the subject property is located on the north side of Route 120 approximately �,500 feet west of the Martin Woods Subdivision in the City of McHenry. The subject property is comprised of 157 acres and is approximately '/2 mile east of the intersection of Route 120 with Wonder Lake Road. Mr. Miller stated the tunnel would be made of an 80" diameter pipe. Meyer Material would bore beneath Route l20 to install the pipe. The only equipment to be located on the subject property would be a large backhoe and a front end loader. This equipment would be utilized to expose the aggregate and place it on the conveyor for transportation to the south portion of the pit for processing. Due to the underground tunnel and the fact that the amount of aggregate to be mined annually would not be increased from current levels, there would be no increase in truck traffic. A 150-foot setback from the property perimeter to the 68-acre lake is proposed. The 150-foot setback would allow for more than adequate virgin land which could be utilized for well and/or � septic installation upon reclamation and final development. Mr. Miller stated the 150-foot setback would ultimately provide enough room for the single family residences, well and septic installation and the road to access the residential properties. At the present time there is no concept plan available of the residential development upon reclamation. Meyer Material has bored surrounding properties and discovered the subject property to be the only viable location for expansion of the existing mining operation. Mr. Miller went over the Approval Criteria for Zoning Map Amendments, Conditional Use Permits and Variances as stated in the text of the Petition. Noting possible concerns regarding noise affecting the Martin Woods Subdivision residents, Mr. Miller stated a test had been conducted on the property. The utilization of backhoes and front end loader increased the decibels from 50 (normal noise level) to 52 decibels. In conclusion, Mr. Miller stated the Petitioners are seeking zoning action which would allow the 157-acre parcel to be mined consistent with the existing operation on the south side of Route 120. Mr. Zanck presented the following Exhibits for Board review during testimony: E�ibit 1 Aerial V iew dated 1/21/02 Exhibit 2 Reclamation Plan prepared by Smith Engineering dated 12/15/O1 E�ibit 3 Operation Plan prepared by Smith Engineering dated 12/15/O1 E�ibit 4 Overall Mining Plan prepared by Smith Engineering dated 12/15/O1 Exhibit 5 Gross-Section EW/NS prepared by Smith Engineering dated 12/15/O1 � Page 4 Z-543 1/24/02 � QUESTIONS .AND COMMENTS BY THE BOARD In response to �3oard inquiry, Mr. Miller stated the truck tr�c would not increase as the amou.nt of aggregate being mined and sold would not be increased overall. Currently the operation on the south side of Route 120 mines two million tons per year. The proposed operation, following annexation and zoning of the 157-acre parcel, would be to mine one million tons from the north pazcel and one million tons from the south pazcel, annually. The lack of increase in mining of the aggregate and the installation of the underground tunnel should prevent any additional truck tr�c in the vicinity. The tunnel would be installed at the southwest corner of the 157-acre parcel. The tunnel would be constructed approximately ten feet below the center line of Route 120 and would be 300 feet in length. The tunnel would be constructed of a solid 1" thick pipe. Mr. Miller noted Illinois Department of Transportation has already approved the installation of the tunnel. Responding to questions regarding the conveyor belt, Mr. Miller stated the belt would be 36" wide. The conveyor is operated electrically and is very quiet. In response to inquiry, Mr. Miller noted the service road to the subject property would be located just west of the cemetery. The access point will be gated. Discussion followed regarding the projected timeline for the mining operation north of Route 120. Although the Petitioner expects to complete mining within seven years, the possibility exists the mining might not be completed within the ten yeazs prescribed by the Zoning Ordinance. The Petitioner noted both operations would be cease concurrently, no later than May � 4, 2018, subsequent to the terms of the annexation agreement. In response to inquiries regazding the trees on the subject property, the Petitioner noted a tree survey was completed. The Petitioner will comply with all provisions of the tree ordinance. If trees protected by the ordinance can not be saved, the Petitioner will pay the required fees. Mr. Miller stated borings taken at vazious properties north of Route 120 indicate only the subject property has aggregate which can be mined. He stated Meyer Material will not expand their operations any further to the north, east,or west. QUESTIONS BY OBSERVERS/OBJECTORS Paul Juske: Mr. Juske inquired if the mining operation would adversely impact his well which is only 30' deep. Mr. Palmer explained the mining operation would not affect the aquifer which supplied water to his property. He noted the Petitioner would not be processing the aggregate on the north side of Route 120. Judy Juske: Ms. Juske inquired if the Petitioner would dig a new well if theirs became contaminated as a result of the mining operation. Mr. Miller could not promise a new well. RaY Becker: Mr. Becker asked for the qualifications of the witnesses for the Petitioner. Mr. Miller and Mr. Palmer stated their areas of expertise and experience with regard to geological matters and mining operations. Mr. Becker inquired the number of acres which would be mined north of Route 120 each year. Mr. Miller stated approxirriately 15-20 acres per year would be `— mined. In response to further inquiry, Mr. Miller stated there is no interest between Amli Realty Page 5 Z-543 1/24/02 � and the Robert Howe Trust and Meyer Material. Mr. Miller denied any relationship. Mr. Becker inquired as to the beneficial impact of the mining operation expansion to City residents. Mr. Miller responded an additional seven million tons of aggregate will be mined from the expanded pit. He noted 60% of the aggregate purchased is used in McHenry County. In response to further inquiry, Mr. Miller stated no Environmental Impact Study has been done. However, a11 permits required by the State, County and City would be procured prior to commencement of the operations. Mr. Becker stated Meyer Material had previously indicated they would not e�and their operations beyond the last expansion which occurred on the east side of Ridge Road. It was pointed out Meyer Material had agreed to not expand to the west side of Ridge Road. No mention was made of expansion to the north of Route 120 during previous testimony before the City. Mr. Becker inquired if Meyer Material has ever developed any residential properties following reclama.tion of other mining operations. Although other Meyer property has been reclaimed, Meyer has not actua.11y done the subdivision development. It is not certain who will develop the residential subdivision at this time. Discussion occurred regarding possible impact on real estate values in the area as a result of the expansion of the mining operation. Suzanne Cannon: Ms. Cannon expressed concerns rega.rding health and safety as a result of the expansion of the gravel pit. She inquired if there would be any blasting north of Route 120. Mr. Miller responded there would not. In addition, there would be no washing of stone or use of chemicals north of Route 120. Mr. Miller stated only mechanical equipment would be utilized � north of Route 120. Ms. Cannon inquired as to the need to annex to the City. Mr. Miller stated the City realizes annual royalties of approximately $75,000 from the sale of aggregate. Director Napolitano stated the City collects $.0375/ton or approximately $70,000-$80,000 per year. If the subject property were developed as strictly residential, the City would realize a one-time only $156,000 annexation fee. It is to the City's advantage to annex the property and receive annual royalties from its mining operation. Ms. Cannon asked why the City would want a gravel pit adjacent to such a nice neighborhood as Martin Woods. Kenneth Reiser: Dr. Reiser inquired if the developer had done perk tests to assure that well and septic could be utilized. Mr. Miller stated perk tests would not be done until the property has been reclaimed following the conclusion of the mining operation. In response to further inquiry, Mr. Miller stated the operation would continue to benefit the City due to the receipt of sales tax from aggregate sales, property tax and annual fees paid as a direct result of the annexa.tion agreement. Dr. Reiser inquired how the gravel pit would impact the location of the West McHenry Bypass. Mr. Miller stated the location of the West McHenry Bypass is not known at this time. There is no known impact. Judv Juske: Ms. Juske inquired if area property values go down, how does the City benefit from the gravel pit. Barbara Amandes: Ms. Amandes noted the sound test had been conducted; however the conveyor belt is not yet operational. Is this a valid test? Mr. Miller stated the conveyor belt is operated electrically, and does not add to sound decibels. Director Napolitano confirmed the � sound test indicated the equipment tested out at 52 decibels, which is the same as typical office Page 6 Z-543 1/24/02 � noise, when the equipment was tested at a distance of 3,500 feet from the nearest property in Martin Woods. Fred Koch: Mr. Koch inquired if any violations have been recorded against Meyer Material at the McHenry gravel pit. Director Napolitano stated the City is not aware of any violations. Mr. Koch asked if there could be potential for ground water contamination due to maintenance of equipment on the north side of Route 120. Mr. Miller responded the maintenance crew will take every precautio�i to assure compliance with all environmental concerns. Clarice Currier: Ms. Currier inquired as to the hours of operation for aggregate e�raction north of Route 120. Mr. Miller responded the plant on the north side would operate as follows: Monday through Friday 6 a.m. until6 p.m. Saturday 6 a.m. until2 p.m. Sunday closed. Martin Romme: Mr. Romme inquired as to the height of the berm which will be constructed around the perimeter of the subject property. Mr. Miller stated the berm would be 5' in height. In response to additional inquiry, Mr. Miller stated the berm on the south of Route 120 is higher because it was required to screen the crushing plant, washing plant and processing plant, which are located on that site. �v Becker: In response to Mr. Becker's inquiry, Mr. Miller stated the State periodically tests for � air, soil, and water contamination as well as dust and noise pollution. Walter Selvie: Mr. Selvig inquired as to the correct time frame to make his concerns known to the Board. Chairman Semrow advised the purpose of this meeting was to afford everyone an opportunity to be heard. The Boazd will vote on this matter this evening, unless there is a motion to recess by a member of the Board. Chairman Semrow called for a recess at 9:25 p.m. The Public Hearing reconvened at 9:40 with everyone still in attendance. Attorney Zanck stated the Petitioners have agreed to modify the variance request so that the subject property will cease mining operations on May 4, 2018, in concurrence with the existing mining operation. Additionally, the Petitioners have agreed to a ban of expansion to the north, east or west of the subject property. Attorney Zanck noted further the Petitioners pay the City royalties approximately $70,000-$75,000 per year in addition to approximately $60,000 in sales tax revenue. The Board inquired as to the ultimate use of the property between Valley View School and Dot Street. Mr. Miller responded the property is zoned I-1 Industrial. Meyer Material will develop this property as industrial when mining operations have ceased. CLOSING STATEMENTS BY OBJECTORS Chairman Semrow swore in the following Objectors prior to their statements being made. � Page 7 Z-543 1/24/02 �, Ray Becker• Mr. Becker stated testimony indicates the current mining operation would provide for a short-term decision which would not negatively impact the City. He noted Meyer Material is the only beneficiary of this decision to allow e�cpansion of their pit. The Environmental Protection Agency has not been consulted and the Illinois Department of Natural Resources have not been contacted to insure safety and environmental concerns have been met. He stated in his opinion he does not think a vote or rush to judgement is justifiable. Dr. Kenneth Reiser: Dr. Reiser stated there were still too many unanswered questions. The impact of the development on the west side of town — how much this expansion will afFect the West McHenry Bypass. Dr. Reiser stated the City needs developers to bring people to the west side of town. His business is located on West Elm Street. The expansion of the gravel pit will not bring more people to his business. He stated questions should be answered before the City allows this land to be developed. CLOSING STATEMENT BY PETITIONERS Attorney Zanck stated Meyer Material has always been a good neighbor. They have listened to the concerns of adjacent property owners. The Martin Woods property owners do not actually abut this property. The adjacent property owners do not object to this petition. The Applicants have presented an astute modest plan. The ultimate development of this property would result in significantly less children than allowed by the City's Comprehensive Plan. The lakeside lots would enhance the west side of the City. Mr. Za.nck urged the Board to recommend the granting of the Petitioner's requests. �.. Board member Franzen, a resident of Martin Woods, noted the zoning matter is not at issue. He inquired, as a McHenry resident of Martin Woods, could the developers put in an eastbound right-turn lane. Additionally, he requested the west entrance to the existing gravel pit be landscaped as it is an eyesore. Regarding dust from the pit, Franzen noted if the pit does high- pressure washin�; on equipment before leaving the pit, it could alleviate some of the dumping of rock, sand, and gravel off City roadways. Nancy Renovitch, adjacent property owner, stated she was not originally enthused about the expansion of the mining operation. She stated her concern regarding the time frame and the requested variance for a ten-year eartension. She pointed out Mr. Miller has always been willing to meet with her regarding her concerns. She agreed to the cessation of the mining operation on May 4, 2018 as stated by Mr. Zanck. Board member Howell expressed concerns regarding the aesthetic appearance of the City coming in from the west. He stated he would not support long-term mining at this location and he would not support this operation if it were a new enterprise at this location. Chairman Semrow stated, "there being nothing further before this Board with regard to this matter, the Boarc will consider this Petition at this time, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to this Petition". � Page 8 Z-543 1/24/02 � DELIBERATION AND RECOMMENDATION Motion by Ekstrom, seconded by Cadotte,to recommend to the City Council that the Petitioners request for reclassification of the subject property located north of Route 120 %2 mile east of its intersection with Wonder Lake Road to RS1 Single Family Residential with an A-M Agricultural Mining Overlay District be granted; and that Table 33, the Approval Criteria for Map Amendments, Page 401 of the Zoning Ordinance, has been met. Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Thacker. Motion carried 5-0. Motion by Cadotte, seconded by Franzen, to recommend to the City Council that The Petitioner's request that a Conditional Use Pernut to pernut a mining operation on the subject property be granted subject to the following: 1. No additional expansion shall be permitted of the mining operation to the north, east,or west of the commercial sand and gravel business; and 2. Site reclamation shall be completed in substantial conformance to the City of McHenry Zoning Ordinance. And that Table 31, the Approval Criteria for Conditional Use Permits, page 357-358 of � the Zoning Ordinance, has been met. Voting Aye: Cadotte,Ekstrom, Franzen, Howell, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: 7'hacker. Motion carried 5-0. Motion by Ekstrom, seconded by Cadotte,to recommend to the City Council that The Petitioner's request for a variance from the Zoning Ordinance to pernut an e�ension of the mining operation from the maximum of ten years to e�end to May 4, 2018, to coincide with the existing mining operation south of Route 120; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Cadotte, Ekstrom, Semrow. Voting Nay: F'ranzen, Howell. Not Voting: None. Abstaining: None. Absent: 7'hacker. Motion failed 3•2. A minimum of 4 votes are required to pass a motion. �.., Page 9 Z-543 1/24/02 �. ADJOURNM�;NT Motion by Franzen, seconded by Cadotte,to adjourn the Public Hearing at 10:08 p.m. Voting Aye: c�adotte, Ekstrom, Franzen, Howell, Semrow. Voting Nay: 11one. Not Voting: ?Jone. Abstaining: None. Absent: 'Chacker. Motion carried 5-0. Respectfully submitted, d►�.��• Harry mr , ha irman Zoning Board of Appeals C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Petitioners, Objectors (31), Plan Commission (9), Landmark Commission Chairman Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy. � Z-543 �