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HomeMy WebLinkAboutMinutes - 4/5/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS ----��RIt�;�9�93---- CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) OF THE CITY Of� MCHENRY, ILLINOIS ) Z-363 FOR A CONDITI(1NAL USE PERMIT ) CITY OF MCHENRY `,,. UNDER THE ZON; NG ORDINANCE OF THE ) CONDITIONAL USE CITY OF MCHENF;Y, ILLINOIS ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY_OF MCFIENRY,_ILLINOIS ---- ----- ---- — -- — — — ---- A hearing on the above-captioned petition was held on April 5, 1993. Vice Chairman Tobeck called the hearing to order at 7:34 p.m. The following persons were in attendance: 1. Zoning Board Members: Richard Adamson, Randy Christensen, Emil Kleemann, Donna Tobeck. Absent: Wayne Dixon, Harry Semrow, John Swierk. 2. Attorney for Zoning Board: Bernard V. Narusis present, but acting as Attorney for Petitioner. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: John A. Lobaito. 5. Petitioner: City of McHenry represented by Fredric C. Batt, Director of Public Works, 333 South Green Street, McHenry Illinois 60050. 6. Attorney for the Petitioner: Narusis & Narusis represented by Bernard V. � Narusis, 213 Lake Shore Drive, Cary Illinois 60013. 7. City Council Members: None. 8. Court Reporter: None. 9. Objectors: 1. Donald Carlson, 3306 Chestnut, McHenry. 2. Joan Nickolausen, 6000 Northwest Highway, Crystal Lake. 3. Mark Klier, 813 Southgate, Apartment 10, McHenry. 4. Robert E. Alexander, 2005 Pine Drive, McHenry. 5. Calvin Craig, 1910 Pine Drive, McHenry. 6. Joyce Craig, 1910 Pine Drive, McHenry. NOTICE OF PUBLICATION Notification o� this hearing was published in the Northwest Herald on March 13, 1993. The Publisher' � Certificate of Publication regarding this matter is on file in the City Clerk's Office. Notification was made to all abutting property owners. An affidavit of s��rvice and posting of the subject property is on file with regard to this matter. Fttorney Narusis stated for the record that the property owner of 2005 Pine Drive (Lct 12) whose property abuts the subject property was inadvertently overlooked du^ing the original notification by certified mail . However, approximately ,.2 days ago, the Building Department notified said property owner , who has since waivF�d his right of the 15 day notification of this hearing. �.- Page 2 ZBA-City of McHenry 4/5/93 SUhIMARY The Petitioner requests that a conditional use permit be granted to permit the construction � nd operation of municipal water facilities owned by the City of \..- McHenry: an elevated water storage tank on Lot 1, a water treatment plant on Lot 13 and Outlot A, and a municipal water well on Outlot B. LOCATION OF SUBJECT PROPERTY The property which is the subject of this petition is located as follows: 1) Lot 1 is in McHenry Commons Subdivision II; 2) Lot 13, Ou tl ot A and Outl ot B are 1 ocated i n the Oaks of McHenry Phase I Subdivision. TESTIMONY Vice Chairman Tobeck swore in the following witnesses for the Petitioner: 1) Bernard V. Narusis, 213 Lake Shore Drive, Cary Illinois 60013. 2) Fredric C. Batt, 333 South Green Street, McHenry Illinois 60050. Attorney Narusis testified that the subject property was annexed into the City more than 10 years ago. Under the terms of the annexation agreement, dedication of certain parcels was made to the city with specific purposes spelled out. Lot 1 of McHenry Commons II Subdivision and Outlot A of the Oaks were dedicated with the understanding that they would be future site for an elevated water storage facility for the City of McHenry. Lot 13 was recently acquired from the Oaks of McHenry. Outlot B of the Oaks was conveyed to the City; a water facility was intended to be located on this site. All property which is the subject of the Petition is currently zoned RS-2. The subject property is bounded on the south, east and west by property which is zoned RS-2. Lot 1 of McHenry Commons, and Outlot A and Outlot B of the Oaks of McHenry are bounded on the north by property which is zoned Agricultural according � to the McHenry County Zoning Ordinance. Batt testified that Outlot B would be a good site for a well . It has already been tested. Bids will be opened on April 14, 1993. The exact site for the well would be the extreme northwest corner of Outlot B, adjacent to lot 42 on Birch Lane. Batt stated there would be an 8' X 10' temporary building erected on Outlot B which would house the pertinent chemicals for the well until such time as the water plant is erected on Lot 13 and Outlot A. At that time the temporary structure would be phased out. The City is hoping to have the new well up and running by this summer. The temporary structure must be in place so chemicals can be stored for treatment of this well . Batt said there is no design or building structure type decided upon for the elevated storage tank at this time. The water plant which would be erected on Lot 13 and Outlot A would be a residence-like structure. It would be about 20 feet longer than a typical home in the Oaks. Architecturally, it would be very much like the homes in that subdivision. The fireplace-like structure will actually be a buffer for noise created k�y the fan used as a part of the ventilation system. The water plant would be visitEd daily by water department personnel . No water mains would traverse private proper�:y. The city is hoping to begin construction of the well as soon as possible. Narusis asked F�att how much traffic would be generated by the installation of these water facilitif�s on these sites. Batt said that assuming there was no failure of equipment, the��e would be approximately one visit per day at each facility. From time to time equipment may need additional servicing. Batt said there would be more �.- impact during the construction period than there would be after the facilities were up and running Page 3 ZBA-City of McHenry 4/5/93 Batt said it w�uld take approximately 3-4 months to construct the elevated storage tank on Lot 1, once the city has determined the type of structure they want to build, the bids have keen let, etc. Batt said he does not anticipate the construction would �. begin until at least the latter part of 1994. Tobeck asked t�e projected height of the elevated tank. Batt said probably 100-110 feet; however, there has been no design set as of this time. Kleemann asked if there would be tornado sirens mounted on the elevated tank. Batt said he had not thought about it. The only appurtenance which Batt knew would be attached would be a light in the center of the top of the tower which would alert airplanes of the tower's location. Kleemann asked if the tower would interfere with cable signals or other signals of area residents. Batt said it would not. Kleemann asked if all abutting property owners were notified regarding this hearing. Narusis said they were. Kleemann asked if second tier property owners were notified; were residents within 200 feet of the site of the tower notified of this hearing. Narusis said the ordinance provides that only abutting property owners be notified by certified mail . However, the subject property was posted for at least fifteen days prior to this hearing. In addition, these lots were posted as potential sites for city well , water plant and water tower locations. Christensen asked if the Oaks of McHenry Subdivision was established before the designation of the water tower was known. Narusis said the location for the water tower was designated more than ten years ago at the time this property was annexed into the City as one large tract of land. Kleemann said there may be persons who purchased lots in the Oaks of McHenry who did not know that there was a potential site for a water tower, water plant or well so close to their property. � Batt said McHenry Commons Subdivision was subdivided and platted prior to the subdividing of the Oaks of McHenry by Hemphill . Home by Hemphill is not responsible for conveyi ng Lot 1 of McHenry Commons to the ci ty. That was done pri or to the purchase of the Oaks of McHenry by Hemphill . Christensen asked the potential size of the water tower. Batt said if would be approximately 500,000 gallons; this would be about the same size and the samP height as the tower in Tonyan Industrial Park. Narusis asked Batt if these structures would substantially impact the sanitary sewer system for the city. Batt said there would be minimal impact. Christensen asked how much of the City the new water tower would service. Batt said the tower would put out 1300-1400 gallons per minute. This well and tower would be interconnected to the rest of the city water system. Narusis addressed the Approval Criteria for conditional uses as stated in the Petition. Tobeck asked if there would be landscaping provided on these lots. Batt said the lots would be seeded with grass. The city would maintain its property. The park department will probably plant shrubs and/or trees on the sites. Christensen asked if there could possibly be an underground storage tank rather than an elevated si.orage tank. Batt said the city could build a ground reservoir on Glacier Ridge; the elevation is high enough at that location. An elevated tank is �-- needed on Lot 1, however, because of pressure needed for fire fighting capabilities in this part of town. The installation of the tower would remove the pressure fluctuation in this part of town. Page 4 ZBA-City of McHenry 4/5/93 QUESTIONS OF PETITIONER BY THE OBJECTORS Robert Alexander: The water plant proposed for Lot 13 of the Oaks of McHenry: on which side of�:he lot would the additional 20' of the building be located. Batt said L- the building ��etbacks would be met with regard to the south property line. If anything, the �uilding would be pushed further to the north abutting Outlot A which is also owned by the City. Alexander asked for clarification of the location of Outlot A and Outlot B. Batt said that Outlot A is adjacent to Lot 13 and Outlot B is the park la��d to the north of Chestnut Drive. Alexander said the signs notifying potential landowners of the sites for water plant, water tower and well were posted about two week�� after he purchased his home. Alexander asked what type of chemicals would be used �'or the maintenance of the water system. Batt said the chemicals would be dangerous. Alexander asked if the vapors from the chemicals would be disbursed into the atmosphere. Batt said that is correct. Tobeck asked if the public works department had received any complaints regarding chemical problems at any of the other water facility locations in town. Batt said he had not and all water facilities are located in residential neighborhoods. Robert Alexander: Alexander asked what would be the duration of the time for construction of the well . Batt said it would be less time than that which has already been spent doing the testing. An approximation of that time would be three weeks. Alexander asked if all welding would be done at the site. Batt said that is correct. Alexander asked how the city would protect his home from overspray during painting of the water tower. Batt said contractors are insured against such things. Additionally, there is a new type of paint which evaporates before it hits the ground. Alexander asked if the paint is biodegradable. Batt said he is not sure. Donald Carlson: Carlson asked how big would be the construction vehicles which would � be used in installing and drilling the well and during the construction of the temporary building on Outlot B. Carlson said he is concerned regarding all of the trees on that lot and that they not be harmed. Batt said the equipment used would be similar to that used in testing the site. There would be a large derrick used in setting the well . The derrick would be larger than previous equipment on this site. Carlson asked that the city determine if another path can be taken to the well site so that all of� the traffic does not pass by his home on the end of Chestnut Drive. Carlson said there is a dirt path in the rear of the park lands which goes directly to Riverside Drive. Batt said he would look into this as an alternative to getting equipment to the site. Joan Nickolausen: Nickolausen stated she represents the Phillips Group who manage the McHenry Commons Subdivision. She asked how soon the city would be building the elevated storage tank. Batt said he does not know at this point. Nickolausen asked how long woulci it take to erect the tank. Batt said he is not sure. Nickolausen asked how the city would gain access to the tank. Batt said access would be gained vi a Outl ot A; there i s no pl an to put i n an access road from McCul l om Lake Road directly to the tank site on Lot 1. Nickolausen asked if the municipal facilities would be fencEd in for protection. Batt said the tower would be designed so that it would be inaccessible to climbers. There has been no consideration given to fencing the water plant lot or the well site. If need be, the tower could be fenced. Nickolausen srid the well would be located on Outlot 6; there would be a link to Lot 13 and then to the storage tank. Where would the water travel from that point. Batt said the water would flow to Pine Drive and through the subdivision, then link up to the remainder af the city system. � Page 5 ZBA-City of McHenry 4/5/93 Mark K1ier_ ;1ier advised that at time of purchase, he was advised that there could be a water pl �nt on Lot 13 and there was a potential for a tower on the McHenry Commons Lot l. Klier said he was concerned regarding the storage of chemicals in the �- residential neighborhood. He asked what form the chemicals would be stored in. Batt said they wou� d be in liquid form when stored in the temporary structure. At the permanent watEr plant facility, most would be stored in the gaseous form; however, there would st.ill be some in liquid form. . Klier asked what quantity of chemicals would be stored on the site. Batt said there would be 10-12 150# tanks. An expectation of� delivery of chemicals to the premises would be once every couple of months. Klier said he would like to go on record as stating he would not like these facilities to be located on the subject property. Calvin Crai� Craig said he was concerned regarding the security of the facilities. Batt said there would be an alarm system; however, there would be no monitoring device as far as the chemicals were concerned. Robert_Alexander_ Alexander asked how the City would dissipate the noise from the pumping stati��n. Batt said there would be only a couple of very small motors running. There should be no appreciable noise from the water plant. There would be no pump on site. Backwash would be done once every twenty-four hours. The only equipment running most of the time would be the ventilation equipment and a small air compressor (during backwash only, once every twenty-four hours) . Narusis asked if there would be any discernible noise most of the time. Batt said there would not. Alexander asked if the city would baffle the noise. Batt said there are no plans to do so. There would be no fixed generator on-site. Alexander asked if the County is prepared to handle a chemical spill of acid on this site. Batt said there would be a safety shower available in the permanent water plant building. Batt said he is not sure what the county is prepared to implement in the event of a chemical spill � emergency. Alexander asked what type of special room would be designed for the chemicals. Batt said this would be a concrete block building. Only the exterior would be made to resemble the existing homes in the neighborhood. Batt said there would be a backwash holding tank beneath the building which would be comprised of poured concrete. STATEMENTS BY THE OBJECTORS -------- ------------ Vice Chairman Tobeck swore in the following Objector prior to his statement being made before the Board: 1) Robert Alexander, 2005 Pine Drive, McHenry Illinois 60050. Robert Alexander: "I ask the Board to reconsider this proposal ". Vice Chairman Tobeck said, "there being nothing further before the Board with regard to the Petition the Board will consider the 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 the Petition". DELIBERATION AND RECOMMENDATION Motion by Kleemann, seconded by Christensen to recommend to the City Council that the Pet;tioner's request for a conditional use to permit the construction and operation of municipal water facilities owned by the City of McHenry, namely, a water treatment plant on Lot 13 and Outlot A of the Oaks of McHenry Subdivision, and a water well on Outlot B of the Oaks of McHenry Subdivision, be granted; and that the Approval Criteria for Conditional Use, Table 31, � pages 357-358 of the Zoning Ordinance have been met. Page 6 ZBA-City of McHenry 4/5/93 Discussion on the Motion: Christensen a�ked if the water plant could operate without the water tower. Batt said it could. � Votin�_on the Motion: Voting Aye: Adamson, Christensen, Kleemann, Tobeck. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Dixon, Semrow, Swierk. Motion carrie� 4-0. Motion by Christensen, seconded by Adamson, to recommend to the City Council that the Petitioner's request for a Conditional Use to permit the construction and operati �n of an elevated water storage tank on Lot I of McHenry Commons II Subdivision be granted; and that the Approval Criteria for Conditional Use, Table 31, pages 357-358 have been met. Voting Aye: Adamson, Christensen, Tobeck. Voting Nay: Kleemann. Not Voting: None. Abstained: None. Absent: Dixon, Semrow, Swierk. Motion failed to carry 3-1: 4 votes are required to make a recommendation to the City Council . � ADJOURNMENT Motion by Christensen, seconded by Adamson to adjourn this hearing at 9:00 p.m. Voting Aye: Adamson, Christensen, Kleemann, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Dixon, Semrow, Swierk. Motion carried 4-0. Hearing adjourned at 9:00 p.m. Respectfully submitted, �Cii�i t�. �%L�t°.��� � Donna Tobeck, Vice Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7) , Plan Commission (7) , City Administrator, Director of Building & Zoning, Public Works Administration, Objectors (5) , City Engineers, Aldermen Reference Copy, Petitioner, Building & Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File. Doc/ZBAMIN.363 �