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
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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
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� 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
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� 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
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� 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
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� 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.
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�, 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".
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� 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.
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�. 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
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