Loading...
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. � Page 2 ZBA-V3 Realty 5/7/O 1 �. 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. Page 3 ZBA-V3 Realty 5/7/O 1 `.- 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 Page 4 ZBA-V3 Realty 5/7/O l `-- 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. Page 5 ZBA-V3 Realty 5/7/O 1 ��- 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. � 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. Page 6 ZBA-V3 Realty ,� 5/7/O 1 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. � 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 �