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HomeMy WebLinkAboutMinutes - 3/29/1993 - Zoning Board of Appeals ZONING BOARD OF APPEALS MARCH 29, 1993 � CITY OF MCHENRY IN THE M4TTER OF THE APPLICATION OF ) THE AMERICAN NATIONAL BANK AND ) Z-357 TRUST CO�PANY OF CHICAGO, A NATIONAL) AMERICAN NATIONAL BANK BANKING ASSOCIATION, AS TRUSTEE ) INLAND LAND MANAGEMENT UNDER THE PROVISIONS OF A TRUST ) KING PROPERTY AGREEMENT DATED THE 15TH OF APRIL, ) 1991, AND KNOWN AS TRUST N0. ) 113739-09 FOR AMENDMENT TO THE ) ZONING ORDINANCE TO THE CITY OF ) MCHENRY, MCHENRY COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearirg on the above-captioned petition was held on January 18, 1993, on February 22, 1993, and was recessed to this date. Chairman Semrow called the hearing to order at 7:42 p.m. The following persons were in attendance: 1. Zoning Board Members: Richard Adamson, Randy Christensen, Wayne Dixon, Emil Kleemann, Harry Semrow, John Swierk, Donna Tobeck. Absent: None. � 2. Attorney for the Zoning Board: Absent. 3. Recording Secretary: Kathleen Kunzer. 4. Director of Building & Zoning: Absent. 5. Petitioner: Inland Land Management represented by Matthew Fiascone, 2901 Butterfield Road, Oakbrook Illinois 60521. 6. Attorney for Petitioner: Diamond LeSueur Roth and Assoc. represented by John Roth, 3431 West Elm Street McHenry Illinois 60050. 7. City Council Members: Alderman Randy Patterson. 8. Ccurt Reporter: Cheryl Barone. 9. O�jectors: 1. Martin Stoffel , 4014 W. McCullom Lake Rd McHenry 2. Albert Jasin, 4024 W. McCullom Lake Rd McHenry 3. Ray Pausback, 3906 W. Prestwick St McHenry 4. Arnie Snow, 3904 W. Prestwick St McHenry 5. Mick Hodges, 4106 W. McCullom Lake Rd McHenry 6. Nancy Hodges, 4106 W. McCullom Lake Rd McHenry 7. Patricia Laycock, 4014 W. Prestwick St McHenry 8. Chester Okrasinski , 3816 W. Prestwick St McHenry �� Page 2 ZBA-Inland/King 3/29/93 g, Judy Gertz, 1718 Leonard Ave McHenry �.- 1C . Pam Payton, 1720 Leonard Ave McHenry 1] , Michelle Bala, 1714 Leonard Ave McHenry 1�., Walter Amstadt, 1707 Leonard Ave McHenry 1;�. Scott Wilson, 1706 Leonard Ave McHenry ic., Chris Dixon, 4012 W. Prestwick St McHenry 1�;. Rory Mattioli , 4011 W. Prestwick St McHenry lfi. Sue Mattioli , 4011 W. Prestwick St McHenry 1;'. Denise Pausback, 3906 W. Prestwick St McHenry 18. Gregory Bates, 4002 W. Prestwick St McHenry 1g. Ed Rous, 1814 N. Oak Dr McHenry 20. Barbara Rous, 1814 N. Oak Dr McHenry 21. Diana Mantzoros, 1904 N. Oak Dr McHenry 22. Gary Hurst, 4020 W. Orleans St McHenry 23. Jim Homolka, 4010 Prestwick St McHenry 24. Lina Homolka, 4010 Prestwick St McHenry 25. Rob Farrar, 1710 Donovan St McHenry 26. Jeff Miller, 4015 Prestwick St McHenry 27. Kim Miller, 4015 Prestwick St McHenry 28. Art Hecht, 4010 W. Orleans St McHenry 2g. Ruth Jasin, 4024 W. McCullom Lake Rd McHenry 30. Robert Bala, 1714 N. Leonard Ave McHenry 31. Nadine Winters, 1619 Leonard Ave McHenry 32. Frank Estis, 1615 Leonard Ave McHenry 33. Judy Van Ooyen, 3914 Prestwick St McHenry 34. Ilene Snow, 3904 Prestwick St McHenry � 35. William Baird, 5202 Winding Creek Dr McHenry 36. Kelly Baird, 5202 Winding Creek Dr McHenry 37. Bill Stephens, 1705 Ryan McHenry 3g. Teresa Gilliam, 4006 Prestwick St McHenry 3g. William Payton, 1720 Leonard Ave McHenry 40. Julie Bergener, 1715 Donovan St McHenry 41. Kenny Bergener, 1715 Donovan St McHenry 42. Jeanne Wiesbrock, 1711 Leonard Ave McHenry 43. Keith A. Wiesbrock, 1711 Leonard Ave McHenry 44. Charles Brummond, 1719 Donovan St McHenry ��5. Al Willhoit, 3813 Prestwick St McHenry ��6. Nancy Willhoit, 3813 Prestwick St McHenry ��7, Patrick Gertz, 1718 Leonard Ave McHenry �g. Victor Santi , 1707 Donovan St McHenry 49. Kathy Hecht, 4010 W. Orleans St McHenry 50. Sally Ramsay, 4002 W. Orleans St McHenry 51. Steve Nowaczek, 1704 Donovan St McHenry 52. Patrick Ramsay, 4002 W. Orleans St McHenry 53. Mike J. Raye, 4006 W. Orleans St McHenry 54. Ted Juske, 4009 W Prestwick St McHenry 55. Barb French, 4017 Prestwick St McHenry 56. Wally Glanz, 5017 Prestwick St McHenry 57. Kay Bates, 4002 Prestwick St McHenry � Page 3 ZBA-Inland/King 3/29/93 `- �g, John Affinito, 1720 N Ryan St McHenry ��g. Barb Affinito, 1720 N Ryan St McHenry E�O. Ron Walker, 2008 N Oak St McHenry E�1. Lisa Walker, 2008 N Oak St McHenry f;2. John Puhl , 1618 N Leonard Ave McHenry E�3. Gary Pierce, 1714 Ryan St McHenry 64. Carol Moran, 3916 W Orleans St McHenry 65. Pat Moran, 3919 W Orleans St McHenry 66. Bernice Dendor, 4018 W Orleans St McHenry 67. Dennis Kray, 1610 Leonard Ave McHenry 68. William Hiatt, 3809 Orleans St McHenry 6g. Stella Vogt, 3801 W Orleans St McHenry 7p. Robert Vogt, 3801 W Orleans St McHenry 71. Jeanine Wilson, 1706 Leonard Ave McHenry 72. Sandy Garbacz, 1718 Donovan St McHenry 73. Debbie Fleming, 1717 Donovan St McHenry 74. Kit Stanich, 1706 Donovan St McHenry 75, Linda Josephs, 3613 Cornell Ct McHenry 76, William Smith, 4220 Clearview Dr McHenry 77. Jeffrey Colwell , 4016 Prestwick St McHenry 7g. Paul Frauen, 1608 Leonard Ave McHenry 79. Judy Frauen, 1608 Leonard Ave McHenry 80. Cristal Frauen, 1713 Brown St McHenry 81. Jeff Dinger, 1713 Brown St McHenry g2. Scott Rickerson, 1618 Jennifer Ln McHenry � 83. Greg Rowlett, 1608 Jennifer Ln McHenry 84. Paul Stevens, 4007 W Prestwick St McHenry 85. Craig Huff, 1708 Donovan St McHenry 86, Pamela Huff, 1708 Donovan St McHenry LOCATION OF THE SUBJECT PROPERTY The subject property is located on the south side of McCullom Lake Road, north of Prestwick Street, East of Petersen Park with 1093 of frontage along McCullom Lake Road. The subject property is comprised of approximately 56 acres. SUN�IARY � The Petitioner has filed a Second Amended Petition with the office of the City Clerk and is now requesting that the subject property be reclassified from A-1 County Agricultural upon annexation to the following zoning districts: RS-2 Mediun Density Single Family Residential District; RM-2 High Density Multi-Family Residential District; RM-1 Low Density Mu1ti=Family Residential District; RA-1 Attached Residential District; 0-1 Local Office District. QUESTIONS OF THE PETITIONER BY THE OBJECTORS William Pa�rton: Why aren't the witnesses for Inland at this hearing? Attorney Roth stated that he was under the impression that the questioning of the witnesses was completed at the conclusion of the last hearing and that the atterdance of the witnesses would serve no function at these proceedings. � Page 4 ZBA-Inland/King 3/29/93 `' Dennis Kra,y_ Kray said he is concerned regarding the increased traffic impact on Orleans and Leonard. How would the petitioner prevent children from being hurt due to th�� increased traffic flow in the subdivision. Roth said the issue of traffic stu�iy and layout of the roads for this subdivision would be addressed at the Plan Corimission presentation at the time of platting of this subdivision. Roads, sidewalks and drainage will be addressed at that time. William Smith: What impact would this development and its multi-family housing have on the city infrastructure as far as water and sanitary sewer are concerned. How will this development impact the availability of water and sewer to existing residents? Roth said this would be addressed before the Plan Commission and the City Council during the platting and annexation procedures respectively. Smith asked if it would not be smart to do the study regarding the capacity of water/sewer before proceeding with the zoning hearing, the annexation procedures, etc.? Roth stated the City has no policy regarding which presentation or hearing should be held first; the petitioner must appear before the City Council , the Plan Commission, and the Zoning Board of Appeals. The order of the appearance before each is irrelevant. Kleemann asked that the Chairman read into the record of these proceedings the memo of 2/25/93 sent out by John Lobaito and the correspondence from the Chicago Northwestern Railroad (CNW) of September 1992 addressed to Mayor Busse (both are attached and are a part of this report) . These documents refer to the Oak Street extension and its crossing of the CNW tracks. Dixon said the existence of the CNW letter does not preclude a future crossing of the tracks; that would be in � the jurisdiction of the Illinois Commerce Commission. Chairman Semrow concurred with this statement. Crai� Huff: What provisions are the developer willing to make for the additional residents with regard to park land. Roth said that it was his perception at staff ineetings regarding this proposed development that the City was more interested in funds rather than land. Fiascone said there would be a link to Petersen Park for existing residents; there would be a more direct route to existing park land for existing residents. Huff asked what provisions for helping the scnool system were being considered by the developer. Huff said that this site woul � provide a good location for an additional school building or site to help the o�ercrowding in the school system. Roth said the Petitioner would abide by City r•equests as specified in the annexation agreement. This Petitioner woul d 1 i ke to be treated as equ i tably as any other devel oper i n the Ci ty of McHenry. William_P�to�: Is there a possibility that Leonard Avenue south of this proposed development (in the Mill Creek subdivision) could be widened so that it more easily c�uld handle the increased traffic flow? Roth said the subject property woul � not affect Leonard Avenue in Mill Creek subdivision so the Petitioner wo�ald not be responsible for widening an existing street. Payton asked if the City could choose to widen the street in this area. Roth said the City can chocse to widen the street. Additionally, the City can elect to incorporate wf�atever items it wishes into the annexation agreement. � Page 5 ZBA-Inland/King 3/29/93 � Albert Jasin: What affect would there be on the storm sewer system created by so much additicnal run-off from this proposed development? Roth said compliance with the Subdivision Control Ordinance would demand that run-off be at no greater rate than exists on this property at the present time. TESTIMONY BY OBJECTORS Chairman Semro�v swore in the following witnesses for the Objectors: 1) Rory Mattioli , 4011 West Prestwick St, McHenry Illinois 60050. 2) William Payton, 1720 Leonard Avenue, McHenry Illinois 60050. 3) Teresa Gilliam, 4006 West Prestwick St, McHenry Illinois 60050. Ror,y Mattioli_ Mattioli presented for view by all present a 6-minute video which depicts the impact of the storm of 3/15/93 on the subject property and adjacent residential property. (Video tape has been entered into evidence and is marked Objectors Exhibit B) . Mattioli presented a site plan for the subject property (Marked Objectors Exhibit A) on which he highlighted the area which was depicted in the video of the site. Chairman Semrow stated for the record that Objector's Exhibit A is a mirror image of Petitioner's Exhibit C. Chairman Semrow asked if the video depicts the subject property with regard to recent storms and subsequent problems. Mattioli said that is correct. Semrow asked which lots in the proposed development would be included in the flooded area depicted in the video. Mattioli said lots 16,17,18,19,20,21,22,23,24,25 and 26 would be in this area. The video was played at this time. � Tobeck asked how many times per year this area floods to this extent. Mattioli said this area floods like this every spring; this year was the worst flooding ever. Swierk asked if the playhouse depicted in the video was on the subject property or on the adjacent Cunat property. Mattioli said he is not sure. Adamson asked how close did the water come to any house in the area. Mattioli said the water came within three feet of one house. Adamson asked if residents along Prestwick had water in their basements during this time of flooding. Mattioli said .yes. Attorney Roth asked Mattioli if he had purchased his current residence in a subdivision which had already been developed. Mattioli said yes. Roth asked if the majority of the video shown actually depicted the Cunat property directly west of the su�ject property. Mattioli said it was approximately 50/50, Cunat versus subject property shown on the video. Roth asked if Mattioli was told that development of the subject property would create less run-off than currently exists on this property, would he believe it. Mattioli said he would have to see the results. Roth said the engineer for the project has previously testified that this will be the case. �.. Page 6 ZBA-Inland/King 3/29/93 ,� William Pa�ton_ Payton stated that during the last storm, at the time of filming of the video, the sidewalk depicted in the video was actually floating (at the northeast corner of Donovan and Prestwick) . Teresa Gilliam: Gilliam stated that the worst part of the flooding started at the intersection of Ryan and Prestwick; most of the flooded land involved the Cunat property to the west of the subject property. STATEMENTS BY OBJECTORS ------------------- Chairman Semrow swore in each of the following witnesses prior to the statements being made: Nadine Winters (1619 Leonard Avenue,_McHenr� Illinois 60050) : "I am concerned --- ---- --- ------ ---- --------- regarding traffic pattern in our subdivision and the connection of our subdivision to this proposed development at Leonard Avenue. I have conducted an unofficial survey of traffic in our neighborhood. I conducted this survey last summer for five days: Tuesday, Wednesday, Monday, Thursday, and Friday. I conducted the poll during various times of the day. I counted the number of cars coming through the intersection of Leonard and Orleans. I counted vehicles for a total of 9 hours and 40 minutes. During this time, 3,521 vehicles came through this intersection. This is a subdivision where children are playing." Judy Gertz �1710_Leonard Avenue, McHen� Illinois 60050) : "At previous hearings — --- ---------- ------ regarding this development we have brought up concerns we have regarding roads, water, sewer and schools. We have the following concerns: 1) School District is making cuts of $1 million and we are talking about � increasing the burden on our school system with this development. 2) City of McHenry Development Plan indicates that Leonard Avenue is a minor street: A) Leonard Avenue is too narrow to transport all of this projected traffic; B) Who would bear the burden of widening this street if that were necessary; C) Children's safety on this street; D) Problems with intersection of Leonard Avenue and Orleans Street. 3) Baxter & Woodman study regarding water/sewer capacity indicates there could be a shortage of water and not enough sanitary sewer capacity for this development. Improvements would be costly; who would bear the burden of paying for those improvements? 4) According to the McHenry Development Plan, multi-family development should be clust:ered around major centers of commercial activity. There are already two large multi-family complexes in this neighborhood. 5) In this instance, the City has put the cart before the horse. If the City were to follow the recommendation and guidelines of the Development Plan and the :'_oning Ordinance, this development would not be considered at this time. We respectfull,� request that the Zoning Board recommend denial of this Petition." � Page 7 ZBA-Inland/King 3/29/93 � Dennis_Kray (1610 Leonard Avenue,_McHenry_Illinois 60050) : "I ask that the Board seriously consider the traffic impact in this small residential area. With regard to the video shown tonight, I wonder what engineer gave approval to the plans for the Mill Creek Subdivision. Regarding the school crisis, how will the Petitioner address the overcrowding in the schools and what will the Petitioner do to aid this situation?" Edward Rous �1814 North Oak_Drive,_McHenr,�_Illinois 60050)_ "I have several ---------- ------- concerns and questions regarding this development: 1) There is no guarantee that the developer conform to the feathering procedure described at the last hearing. 2) Regarding the proposed office use: there is no other office district in the immediate vicinity - why put it here? 3) City water and sanitary sewer can not handle existing residences, how could these systems possibly keep up with all of the new development being proposed? 4) There will be traffic problems and congestion. 5) The zoning reclassification revolves around the Oak Street connecting road. If this road does not go through, there will be no proper access to this proposed development and would it be buildable. Why zone the land if there may be no access to it? 6) School District 15 and School District 156 have enough problems facing them with overcrowding. I am concerned regarding the possible impact on the school systems from this development. 7) The zoning of this property in this manner would only benefit the Petitioner and not represent the best interest of the City. `- I encourage you to reject Inland's zoning and annexation request." Walter Amstadt �1707 Leonard Avenue, McHen� Illinois 60050)•. "There is an acute problem in our schools with overcrowding. Schools will worsen and overcrowding will become worse if the Petitioner's request is granted. We do not need any new residential development. The children of the community are its future and if a yes vote is cast, you will grant a disservice to the children of McHenry." Gre�or,� Bates _�4002 Prestwi ck Street, McHenr,y I l l i noi s 60050) : "Thi s devel opment would have a major impact on the school systems. Traffic at the intersection of Leonard Avenue and Orleans Street would be increased. There is already a flooding problem in our neighborhood which would be increased by this development. There would be no containment of ground water and flooding of our neighborhood would increase. There are positive aspects regarding this development: Inland stands to profit from this development. Inland could choose to donate park lands and increase the open space of Petersen Park. Inland could choose to put up a building on the park land for use of all city residents. A new school must be built; this would be an ideal location for a new school facility. Inland could donate land for a small neighborhood park for Mill Creek residents as there is not a small tot lot in this area. Inland could find another land use for this site which could act as a buffer to the existing neighborhood. I recommend that this proposed development be rejected." � Page 8 ZBA-Inland/King 3/29/93 `, William_Pa,yton (1720 Leonard Avenue,_McHenr� Illinois 60050) : "I am concerned regarding police protection in our community, especially in view of all of these additional residents. Can our police force handle this extra burden?" Chairman Semrow call for a brief recess at 8:55 p.m. The hearing reconvened at 9:03 p.m. with all members of the Board still in attendance. CLOSING STATEMENT BY PETITIONER Attorney Roth said that the Petitioner originally requested RM-2, RS-2 and 0-2 zoning for this property. Through the Petitioner's own witness, it was determined that the best use for the property was actually 0-1, with a feathering affect in the residential portion from RM-2 to RM-1 to RA-1 to RS-2. That is where our Petition stands at this time. The criteria for zoning amendments have been addressed. The highest and best use for this property is spelled out in the second amended Petition as stated above. The proposed plan for this development fits into all of the criteria for zoning amendments. In addition, the Petitioner has agreed to restrict the number of units per acre in each zoning district as stated in earlier testimony. The property will be used as follows: single family 22 acres office 12 acres multi-family 19 acres total 53 acres. `-- The multi-family districts will be broken down as follows: RM-2 6.5 acres 14 dwelling units/acre maximum 91.0 max RM-1 7.5 acres 9 dwelling units/acre maximum 67.5 max RA-1 5.0 acres 6 dwelling units/acre maximum 30.0 max total 19.0 acres 188.5 max Other issues which have been raised regarding this Petition are road configuration and drainage. A significant amount of the video represented the Cunat property to the west of the subject property. Only a small portion of the subject property in the southwest section of it was represented in the video. Drainage in this area will improve with the development of this property when the Subdivision Control Ordinance is implemented. This proposal must be reviewed by the Plan Commission and the City Council as well as the city engineer. All of these concerns will be addressed prior to the development cf this project. The best appr�priate use for this property has been put forth by the Petitioner. The Peti ti onE�r has shown that thi s i s the best pl an for thi s property. The office use i�; the only exception to the recommendations of the Comprehensive Plan. There has been testimony to the fact that the office district could act as a buffer �etween the park and the single family development. � Page 9 ZBA-Inland/King 3/29/93 � Issues such as roads and water and sewer capacity will be addressed at the appropriate time by the appropriate body. The implementation of the Subdivision Control Ordinance will alleviate the problems which were witnessed today through the video presentation. Chairman Se�row 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 regarding the Petition. DELIBERATION AND RECONpNENDATION Chairman Semrow asked Kleemann and Dixon if they had read the report of the January 18, 1993 proceedings regarding this matter. They indicated they have read the report. Inasmuch as they were absent for that portion of the hearing, let the record be satisfied that they have been made aware of all testimony regarding this matter and they will be permitted to vote on the motion. Swierk asked Roth if the multi-family units would be individually owned. Roth said that is correct as previously stated in testimony before this board. If necessary, the Petitioner would provide a statement to that effect in writing for the City. Swierk said that the maximum number of units per zoning district would not include the detention area in computing the available land area. Roth said the detention area could be used in computing available land area. Motion by Swierk, seconded by Dixon to recommend to the City Council that �- The Petitioner's request to reclassify the subject property upon annexation from A-1 to RS-2, RM-2, RM-1, RA-1 and 0-1 as depicted on the site plan (Petitioner's amended Exhibit C) be granted; that the calculation of dwelling units per acre not include the storm water detention areas in determining available land for density purposes; and that the Approval Criteria for Zoning Amendments, Table 33, page 401 of the Zoning Ordinance have been met. Voting Aye: Dixon, Swierk, Tobeck. Voting Nay: Adamson, Christensen, Kleemann, Semrow. Not Voting: None. Abstaining: None. Absent: None. Motion failed 3-4. There will br� no recommendation to the City Council with regard to the Petition. � Page 10 ZBA-Inland/King 3/29/93 ADJOURNMENT �-- Motion by Christensen, seconded by Swierk to adjourn this hearing at 9:22 p.m. Voting Aye: Adamson, Christensen, Dixon, Kleemann, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. This hearing was adjourned at 9:22 p.m. Respectfully submitted, � � ..--��7�i : � r.: i.. /_ . 'C�L���.:.L�. � / , �,�1"i t ��//%/ � � /��-(/ Harry Semrow�Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals (7) , Plan Commission (7) , City Administrator, Director of Building & Zoning, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, Objectors (64) , B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File Copy. DOC.ZBAMIN.357 .` �.