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
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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
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`- �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.
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`' 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.
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� 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.
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,� 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."
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� 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."
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`, 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.
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� 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.
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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
.`
�.