HomeMy WebLinkAboutMinutes - 5/7/2001 - Zoning Board of Appeals A REPORT
THE CITY OF MCHENRY
ZONING BOARD OF APPEALS
MAY 7,2001
`'' IN THE MAT'CER OF T'HE APPLICATION OF )
V3 REALTY COMPANY, FOR AMAP )
AMENDMEN T UPON ANNEXATION ) Z-524
PURSUANT 1'O THE ZONING ORDINANCE ) V3 Realty
OF THE CITY OF MCHENRY, MCHENRY ) Map Amendment
COLJNTY, ILI,INOIS ) Riverside Hollow
A Public Hearing before the City of McHenry Zoning Board of Appeals was held on Monday,
April 16, 2001 and recessed to May 11, 2001. 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: Ekstrom, Franzen, Howell, Meyer, Semrow. Absent:
Cadotte,Lovett.
2. City Attorney: David W. McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Phillip Maggio.
5. Director of Community Development: Absent.
6. Applicant: V3 Realty represented by Keith Blais and Dwayne Gillian, P.E., 7325 Janes
Avenue Suite 100, Woodridge, IL
7. Attorney for Applicant: Jim Bolz.
8. City CounciUStaff- Alderman Andy Glab.
9. Court Reporter: None.
� 10. Registered Observers/Objectors
Walter Wozniak, 2216 Orchard Beach Drive, McHenry IL 60050
Bill and Pat Vavrik, 2016 Orchard Beach Drive, McHenry IL 60050
Leon Van Every, McH. Township Road District, 3703 N. Richmond Rd, McHenry IL
60050
Jerry Macey, 2809 Aloha Ct, McHenry IL 60050
Walter Lawson, 2012 Orchard Beach Drive, McHenry IL 60050
Kathryn Eskridge, 2312 Aloha Drive, McHenry IL 60050
Ruth Petersen, 2002 Orchard Beach Drive, McHenry IL 60050
Jim Cavanaugh, 2002 Orchard Beach Drive, McHenry IL 60050
Mike Nagel, 2102 N. Riverside Drive, McHenry IL 60050
H.M. Dillon, 511 Coventry Lane, Crystal Lake, IL 60014
NOTICE 4F PUBLICATION
Notice of this Hearing was published in the Northwest Herald on April 19, 2001. Publisher's
Certificate of Publication is on file with regard to this matter in the City Clerk's Oi�'ice. Notices
were mailed to all owners af record of abutting properties. The subject pmperty was posted as
required by the Zoning Ordinance. An Affidavit of Service is on file with the City Clerk.
LOCATION
The subject property is located east of the intersection of Riverside Drive and McCullom Lake
road, north of Orchazd Beach Road and is comprised of approximately 54 acres.
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�. SUMMARY
The Petitioners are requesting reclassification to RS2 Medium Density Residential Zoning
District upon annexation to the City of McHenry. The subject property is currently vacant.
TESTIMON�'
Chairman Semrow swore in the following witnesses for the Petitioners:
1. Keith Blais, 7325 Janes Avenue, Suite 100, Woodridge, IL 60517
2. Dwayne Gillian, P.E.. 11918 Oak Creek Parkway, Huntley, IL 60142.
Attorney Bolz introduced Mr. Keith Blais who spoke on behalf of the Petitioners, V3 Realty of
Woodridge, Illinois. Mr. Blais informed the Boazd the applicants aze seeking reclassification
from Rl in McHenry County to RS2 in the City of McHenry upon annexation. He noted 95
single family lots are proposed, all of which conform to the RS2 zoning district standards. The
RS2 District requires a minimum lot size of 10,890 square feet. Mr. Blais stated the average lot
size is 13,241 square feet with a ma�cimum lot size of 32,000 square feet. Eighty of the
subdivision lots would exceed the minimum RS21ot size.
Mr. Blais noted there is a 14.5-acre open space, Lot 98, which will be dedicated to the City as
parkland. In addition, there would be a '/2-acre area pazk, Lot 97, donated to the City as well.
QUESTIONS BY MEMBERS OF THE BOARD
� Ekstrom inquired where the detention area would be located on the property. Mr. Blais stated
detention would be confined to Lot 96. In response to an additional inquiry regarding landscape
buffering, Mr. Blais noted there would be a slight buffer between Lot 96 and the Orchard Beach
residential subdivision. There would also be screening the entire east property line. The entire
proposed subdivision would be piped to drain to Lot 96. Ekstrom asked if all 95 lots would be
single-family. Mr. Blais responded in the affu�mative.
Chairman Semrow inquired as to the slope of the property. Mr. Blais responded the property
drops in slope approximately 40 feet from the west at Riverside Drive to the east at Orchard
Beach Drive.
In response to Howell's inquiry, Mr. Blais stated the homes would be more contemporary as
opposed to the neo-traditional originally proposed in the V3 Realty Concept Plan.
In response to Chairman Semrow's queries regarding standing water and flooding on the subject
property, Mr. Bla.is stated there is a very minimal amount of wetlands on the property. It is
located within Lot 98,the large park site.
Franzen inquired if there would be a buffer along the west side of Orchard Beach Drive and
along the east side of lots 24-39, along the proposed FAP420. Mr. Blais stated there are no
specific plans to pmvide additional screening in these azeas. He noted lots 24-39 aze eartremely
deep, which in itself would assist in buffering these lots from the proposed FAP420.
�'' In response to Meyer's inquiry, Mr. Gillian stated the sur�ace water runoff would be piped to Lot
96 for restricted release to the river.
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`.- QUESTIONS BY OBSERVERS AND/OR OBJECTORS
Jerry Mace��809 Aloha Court: Mr. Macey asked if the developers would develop Lot 98, the
14.5-acre ope� space located immediately north of the proposed FAP420. Staff noted the
developers int�nt that Lot 98 would be dedicated to the City as parkland open space. It would not
be developed with residential dwelling units. The annexation agreement would address the
development of the City dedicated lots within the subdivision. Discussion occurred regarding the
surface water runoff and detention facility for the subdivision. In response to Franzen's inquiry,
Mr. Gillian stated Lot 96 will be a wet bottom detention basin. In response to Mr. Macey's
inquiry, Staff noted Lot 98 would be dedicated to the City as pazk lands and it would remain
open space, undeveloped with single-family homes.
Walter Lawson, 2012 Orchard Beach Dr• Mr. Lawson inquired if the water detained in Lot 96
would be piped to the river via the existing infrastructure or would new piping be installed. Mr.
Gillian responded the developers will televise and test the existing pipes to assure they can
handle the flow from the Riverside Hollow Subdivision. If the pipes need replacement or repair,
this will be done at the developers expense.
Patricia Vavrik, 2016 Orchard Beach Dr• Ms. Vavrik inquired if it would be possible for the
City and/or the developers of the Riverside Hollow Subdivision to assist with widening and
bringing their Orchard Beach Drive roadway up to township and/or city standards. Staff noted it
is not the responsibility of the developers to grant land for expansion of Orchazd Beach Drive.
The City is attemptmg to assist the Orchard Beach Subdivision residents in solving their sub-
� standard roadway issue. Ms Vavrik expressed concern regazding safety of area residents,
particulazly children, noting the wet bottom detention basis. Noting the close vicinity of the Fox
River, a.nd the safety construction of the wet bottom basin including safety shelves, it was the
consensus the developers are addressing the safety concems of area residents.
Walter Wozniak, 2216 Orchazd Beach Dr• Mr. Wozniak asked the developers to explain the size
and requirements of the RS2 zoning district. Mr. Blais responded the RS2 district is residential
zoning with a minimum lot size of'/e acre. In response to Mr. Wozniak's inquiry, Staf�stated the
Rl zoning district in McHenry Counry requires a minimum lot size of %z acre. The City of
McHenry does not have a residential zoning district which would be comparable to the Rl
district. Mr. Wozniak expressed concern regarding:
■ increased flooding;
■ impact on the Orchard Beach Drive tr�c;
■ disintegration of the Orchard Beach Drive roadway;
• deterioration of individual septic systems due to the increased surface water runoff; and
■ potential contamination of individual wells.
Ruth Petersen, 2002 Orchard Beach Dr• Ms. Petersen inquired how close the rear property line
of Riverside Hollow Lots 6-21 would be to Orchard Beach Drive. Mr. Blais responded
approximately five feet. Ekstrom asked the current width of Orchard Beach Drive. Mr. Vavrik,
resident of Orchazd Beach Subdivision, responded there is a 25' right-of-way. He noted the
township requires a 60' minimum to bring the roadway up to township standards and to be
� accepted by the township. Meyer noted if the Riverside Hollow Subdivision is not developed
and land is not donated or easements granted to Orchazd Beach Subdivision for widening the
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`-- private roadway, the only option remaining would be to purchase additional land from the
current property owner. A lengthy discussion followed regarding ways to accommodate the
Orchard Beach Subdivision concerns regarding the widening their private road. Staff noted the
City has suggested the following options with regard to this issue:
� Connect Orchard Beach Subdivision to Riverside Hollow Subdivision through either Lot 7
or Lot 9, and vacate current Riverside Drive and Orchard Beach Drive intersection;
■ Request 10' easement from the developer of Riverside Hollow along the eastern property
line to allow for improvements including a 24' paved roadway for Orchard Beach Drive.
Staff also noted the residents of Orchard Beach Subdivision to date have been unwilling to give
up any of their land in order to increase the Orchard Beach Drive right-of-way and paved
surface.
Bill Vavrik, 2016 Orchard Beach Dr• Mr. Vavrik inquired if the subdivision would be redesigned
following the Plan Commission Meeting or is this the fmal plan which is being viewed this
evening. Chairman Semrow noted the document before the Board is the Preliminary Plat which
represents the basic layout of the proposed subdivision. It will not be substantially changed. He
noted the City would not enter into an annexation agreement with the Petitioners and then ask the
Petitioners to do something that would reduce, amend or reconfigure the lot layout of this
project,thereby creating unbuildable lots.
� Jim Cavanau�h 2002 Orchard Beach Dr• Mr. Cavanaugh inquired if the City was contemplating
closing off Orchard Beach Drive so that it would no longer be accessible directly from Riverside
Drive. Staff responded no consensus has been reached by the City with regard to closing off the
intersection of Riverside Drive and Orchard Beach Drive.
Howell inquired if Orchard Beach Subdivision could potentially be annexed into the City.
Walter Lawson responded the subdivision has not reached a consensus regarding the desirability
of annexation at this time. Ekstrom inquired as to the typical lot size of the Orchard Beach
Subdivision. Bill Vavrik responded approximately 66' X 195.
Meyer asked if an aeration system would be used to assure there would be no stagnant water. Mr.
Blais responded no aeration system should be needed, as there is a continual flow of water
through to the river. Discussion followed regazding the potential flooding of the river and how it
might impact the detention basin. Mr. Gillian noted the pond will be located at a higher elevation
than the river and should not be impacted by river levels.
Following a discussion regarding the existing storm water piping to the Fox River, Mr. Van
Every of the NicHenry Township Road District requested the township be notified when the
televising takes place to determine the possibility of utilization of the existing piping,
replacement and/or repair requirements. Additionally, Mr. Lawson requested he be notified as
well so that a representative of the Homeowner's Association can be present for the televising.
� Further discussion occurred regarding the possibility of annexation of individual lots within the
Orchard Beach Subdivision.
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��- Jean Eskrid�e, 2312 Aloha Drive• Ms. Eskridge inquired as to the potential impact on the local
school districts by this development. Chairman Semrow noted the passage of the recent school
referendum questions.
STATEMEN'CS BY OBSERVERS/OBJECTORS
Chauman Ser�row swore in the following Objectors prior to statements being made for the
record:
* Karhryn Eskridge, 2312 Aloha Drive, McHenry IL 60050
Ms. Eskridge stated this number of homes will greatly impact the existing neighborhood. She
noted she mo�ed into the area one and one-half yeazs ago. She has enjoyed the quiet and peace
and would prefer to have it remain this way. Ms. Eskridge stated she is opposed to traffic
congestion and high density in the azea.
CLOSING STATEMENT BY PETITIONER
Mr. Blais thanked the Boazd for the opportunity to make the presentation this evening. He noted
the Petitioners have addressed the concerns of the City and have willingly reconfigured the
subdivision la.vout. The current plan before the City is based on RS2 zoning. The Petitioners
have not requested any variance from the requirements of the Zoning Ordinance for the RS2
District. Open Space requirements have been exceeded. In addition, the Petitioners have
addressed the comments and concerns of the Orchard Beach Subdivision Homeowners. The
concern of the homeowners have been addressed within the terms of the project limits.
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In response to Cha.irman Semrow's inquiry, Mr. Blais noted the City's Tree Preservation
Ordinance will be followed.
Meyer opined the issue of traffic safety, especialiy the short distance between the current
Riverside Drive and Orchard Beach Drive intersection and the McCullom Lake Road and
R.iverside Drive intersection. He noted the subdivision layout is good; however, he had grave
safety concerns. Staff noted the final determi.nation on the layout of the subdivision as well as the
elimination of the Riverside Drive and Orchard Beach Drive intersection, will be made by the
City Council. The only matter before the Board this evening is the request for RS2 zoning.
Ekstrom reiterated the Board's request for an additional residential zoning district cla.ssification
with an azea between 10,890 square feet and 30,000 square feet.
Chairman Semrow said, "there being no further testimony before this Board with regard to this
matter, the Board 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."
DELIBERATION AND RECOMMENDATION
Motion by Howell, seconded by Meyer, to recommend to the City Council that
The Petitioners request for reclassification upon annexation to RS2 Residential Zoning
� District be granted, and that Table 33, the Approval Criteria for Map Amendments, Page
401 of tlie Zoning Ordinance, has been met.
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Voting Aye: Ekstrom, Franzen, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Lovett.
Motion carried 5-0.
Motion by Meyer, seconded by Franzen, to approve the recommendation subject to the condition
tha.t:
■ Traffic will flow through the Riverside Hollow Subdivision to Orchard Beach Drive
from the intersection of McCullom Lake Road and Riverside Drive;
■ The City eliminate the Orchard Beach Drive and Riverside Drive intersection.
Voting Aye: Ekstrom, Franzen, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte, Lovett.
Motion carried 5-0.
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ADJOURNMENT
Motion by Meyer, seconded by Howell, to adjourn the Public Hearing at 8:55 p.m.
Voting Aye: Ekstrom, Franzen, Howell, Meyer, Semrow.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte,Lovett.
Motion carried 5-0.
Respec lly 't d,
Harry Se ow, Chairman
Zoning Board of Appeals
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners, Plan Commission (7), Landmark Commission Chairman Chicago
Tribune,Northwest Herald, Aldermen Conference Room, File Copy. Z-524
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