McHenry Times

McHenry County Zoning Board of Appeals met Thursday, Dec. 15.

Here the minutes as provided by McHenry County:

MCHENRY COUNTY

ZONING BOARD OF APPEALS MINUTES

DECEMBER 15, 2016

Zoning Hearing Conference Room B 1:30 PM

667 Ware Rd., Woodstock, IL 60098

ZONING BOARD OF APPEALS REPORT TO THE MCHENRY COUNTY BOARD - #2016-042

1. PETITIONER

John Stauss, as Trustee of the John Stauss Trust dated August 13, 2007, and Joel Stauss, as Trustee of the Joel Stauss Trust dated May 4, 2009

2. REQUEST:

Renewal of Conditional Use Permit #12-24 to allow for a Landscape Business with Outdoor Storage.

3. LOCATION AND SIZE OF PROPERTY IN QUESTION:

The subject property consists of approximately 6.6 acres and is located approximately 2,150 feet west of the intersection of Deep Cut Road and Streit Road, Hartland Township, Illinois. Common address: 17020 Streit Road, Harvard, Illinois.

4. DATE AND TIME OF HEARING

December 15, 2016 @ 1:30 PM

5. DATE AND TIME OF VOTING MEETING

January 19, 2017 @ 1:30 PM

6. LOCATION OF HEARING AND VOTING MEETING:

McHenry County Government Center, 2200 North Seminary Avenue, Woodstock, Illinois, 60098, Administration Building, 667 Ware Road, Conference Room B (hearing) and Conference Room C (voting meeting)

7. PRESENT AT HEARING:

A. ZBA Members: Richard Kelly, Jr., David Stone, Charles Eldredge, Vicki Gartner, Matthew Hansel, Kurt Schnable, Linnea Kooistra (present on 01/19/17 only - read transcript prior to vote)

B. Witnesses: Joel Stauss

C. Attorney: Craig S. Krandel

D. Public: (December 15, 2016) Kim Kolner - County Staff, John Stauss, Ervin Emery, Gary Hagen, Joanne Fischer, Al Fischer, Thomas Dougherty, April Dougherty (January 19, 2017) Kim Kolner - County Staff, John Stauss, Samantha Powers, Daniel Powers, Elizabeth Scherer, Thomas Dougherty

8. ITEMS OF EVIDENCE:

Plat of Survey, site plan

9. SUMMARY OF TESTIMONY AT HEARING

Chairman Kelly called the meeting to order and explained that the Petitioners were before the Board requesting renewal of Conditional Use Permit #12-24 to allow for a Landscape Business with Outdoor Storage.

Craig Krandel, attorney for the Petitioners, stated that a Conditional Use was originally granted under Petition #01-88 and later renewed under #12-24. He noted that, since the time of the last renewal, the Unified Development Ordinance amended some permitted uses, including a landscape business such as the Petitioners'. However, due to the outside storage, a Conditional Use is required. Mr. Krandel explained that the business has been operating for approximately 16 years, and the Petitioners intend to continue without any changes to the operations or to the property.

Joel Stauss was called as a witness. He stated that he is one of the owners of Creekside Landscape Development Inc., which operates on the subject property, along with his brother, John. With regard to the business, Mr. Stauss explained that they store their vehicles at the back of the property, where the employees pick them up in the morning before heading out for the day. They then return to the subject property in the evening to park the vehicles. Mr. Stauss also mentioned that wood chips are brought back to the subject property to create mulch which is stored on site and used in their jobs. He noted that they have been working with Kristy Hecke in the Health Department with regard to bringing wood chips, leaves, and grass debris to the site, in order to comply with land application requirements. Mr. Stauss pointed out that there are no retail sales on site.

A Plat of Survey was submitted as Exhibit A. Mr. Stauss indicated that the properties surrounding his are all residential and agricultural use. A site plan of the subject property and business operations was submitted as Exhibit B. Mr. Stauss pointed out the gravel area east of the barn at the north end of the property where equipment and vehicles are stored.

Mr. Krandel asked what the reaction has been of neighbors in the area regarding the use on the property. Mr. Stauss stated that there had been some concerns with regard to mud being left on the street and to noise. He noted that they have stopped splitting firewood on site, as that had generated a more constant noise, and that they have offered to limit the grinding when the neighbors are outside and to do it more sporadically and not every day. With regard to mud on the streets, Mr. Stauss indicated that he has been in contact with the Hartland Township Road Commissioner and has agreed to work with them to keep the streets as clean as possible. He addressed the Approval Standards for Conditional Use, noting that the proposed use is compatible with the surrounding area.

Vicki Gartner asked how much traffic is generated from the site each day. Mr. Stauss stated that there are 23 vehicles that leave in the morning and come back in the evening, in addition to the employees' vehicles, which would be an additional 20 to 25 vehicles in and out per day. He noted that they don't all generally leave or return to the site at the same time, so there is not a steady stream of traffic at any one time.

Staff indicated that they have been in contact with Kristy Hecke with the Department of Health with regard to the land application, and she had expressed that the Petitioners are in compliance currently. Staff also pointed out that the subject property appeared to be kept in a clean condition, and they did not observe any mud on the road at that time. They did not have any additional concerns regarding the use on the site, and recommended approval of the request.

Tom Dougherty, of 17601 Streit Road, stated that he has lived at his property for 35 years and moved there because it was rural. He explained that he understands Creekside started as a nursery with two trucks and is now close to 30. He also stated that the driveways and parking areas are not suitable for commercial use, and that is causing mud on the streets. Mr. Dougherty mentioned that there have been vehicle backups on the road as multiple vehicles are preparing to leave for jobs. He stated that the business has outgrown the site and should be relocated to another area. He suggested that the Conditional Use be granted for only 4 years to allow the Petitioners time to find a new location for their business.

Al Fischer, of 3801 Deep Cut Road, stated that he doesn't understand how the Petitioners can apply hundreds of loads of landscape waste per year to their agricultural property, as he was not alowed to. He noted that it could cause surface water to run into the floodplain and north branch of the Kishwaukee.

Gary Hagen, of 17104 Streit Road, stated that he has an issue with the noise on the subject property, especially in the summer. He mentioned that he has been in contact with Mr. Stauss, and it was discussed that the grinder would be moved, but it has not made much of a difference with regard to noise level. Mr. Hagen noted that they have been great neighbors, but the noise is excessive.

Ervin Emery, of 17808 Streit Road, indicated that he has resided on his property for around 23 years, and he has observed that the landscaping business on the subject property started small and has grown into a large enterprise with 30 plus trucks coming up and down the roads. He noted that the neighbors in the area have a number of concerns, but more specifically traffic, road conditions, noise, and employees speeding down the road. Mr. Emery mentioned that the business should be relocated to an area appropriate for the size of the business.

10. SOIL AND WATER CONSERVATION DISTRICT REPORT

For further information refer to report number: L16-059-4052

11. ILLINOIS DEPARTMENT OF NATURAL RESOURCES

The consultation was not required for this petition.

12. SUMMARY OF VOTING MEETING DISCUSSION

Chairman Kelly called the meeting to order and stated that there were proposed conditions:

1) The Conditional Use shall expire 10 years from the date of approval by the McHenry County Board or sooner as outlined in Section 5.4.H (Expiration of Approved Conditional Use Permits) of the Unified Development Ordinance.

2) Site development of the property in question and storage of equipment and vehicles shall be in substantial conformance with the site plans submitted and approved by the Site Plan Review Committee. The boundaries of the mulch storage area shall be delineated and readily visible. The vehicle/equipment parking areas shall be delineated by means of bollards, masonry, concrete, immovable wheel stops, or fencing.

3) The storage of any chemical fertilizers, herbicides, or insecticides shall be limited to inside an enclosed structure. Storage of de-icing agents shall comply with Section 14.5.E (De-Icing Agent Storage) of the McHenry County Unified Development Ordinance.

4) The hours of operation shall be limited to the hours between 7:00 a.m. to 8:00 p.m. Monday through Saturday. Wood splitting and wood chipping shall be limited to the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday.

5) Vehicle maintenance and repair is prohibited on the site.

6) A landscape waste management plan shall be submitted in writing to the McHenry County Health Department. The management of landscape waste shall follow the recommendation of the Health Department and/or the Illinois Environmental Protection Agency as applicable.

7) If any structure, or part thereof, within the Conditional Use Permit area is used for the business and not for a strictly agricultural purpose, then said structure or relevant portion thereof shall be made to meet applicable commercial building codes and obtain all required permits for such a use.

8) All other federal, state, and local laws shall be met.

Charles Eldredge made a motion to amend Condition #4 to add the sentence, "In the case of snow removal and de-icing, the petitioners are not restricted to the foregoing hours." David Stone seconded the motion. Linnea Kooistra suggested a modification to use the original Ordinance wording of "the hours of operation for the landscape business only shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday." Mr. Eldredge and Mr. Stone agreed to that language. All Board members voted in favor of the amendment.

Mr. Stone made a motion to add a condition indicating that the owner be obligated to upgrade the driveway and parking areas with a gravel base sufficient to prevent mud from being dragged onto the surface of Streit Road. Vicki Gartner seconded the motion. Mr. Stone stated that there had been several complaints by neighbors regarding the mud on the roads, and he believes that the Petitioners should be accommodating to their neighbors if they are going to operate a large business in a rural area. Ms. Kooistra noted that the Township had some concerns about the roadway condition as well, and the Petitioners had indicated they would be willing to remove mud off of the road, but the proposed condition would be easier to enforce. Mr. Stone amended his motion to includes a requirement that the driveway and parking upgrades be completed by May 30, 2017. Ms. Gartner seconded the motion. The motion carried.

Mr. Eldredge made a motion to approve the 9 proposed conditions, as amended. Mr. Stone seconded the motion. The Board voted 7 to 0 to approve the proposed conditions.

Mr. Eldredge made a motion to recommend approval of the request, subject to the 9 approved conditions. Mr. Stone seconded the motion. Mr. Eldredge pointed out that this is an established business, and although it has grown rapidly and is quite an intense use in a rural area, they run a good business in conformance with regulations, and he was in favor of the Petition. Ms. Gartner supported the request, with reservations. She stated that 10 years is a long time for the business to continue to grow, however the Petitioners are trying to be good neighbors and comply with the regulations. Mr. Stone pointed out that the business is set back quite far off of the road and the limitation on hours should reduce the noise concerns. Ms. Kooistra also mentioned that the limitation on chipping on the property was a positive change to the conditions, to help with noise. She also pointed out that she had concerns relating to the topography of the property and potential drainage toward the property to the east. Matthew Hansel stated that he was concerned about the intensity of the business on this particular parcel, specifically the traffic and noise. He encouraged the Petitioners to try finding a larger parcel or more appropriate industrial parcel to relocate to. Chairman Kelly indicated that the mud on the roads was a concern 5 years ago and has not yet been fixed. He explained that was one reason for a short renewal period, and the Petitioners have had an opportunity to address the concerns.

13. FACTS THAT SUPPORT RECOMMENDING APPROVAL OF THE REQUEST

1) The Approval Standards for Conditional Use, listed in Section 5.4.E of the McHenry County Unified Development Ordinance have been met to the satisfaction of most of the Zoning Board of Appeals members.

2) The business has been operating under a Conditional Use since 2002.

3) The Petitioners have shown willingness to address the concerns of their neighbors and Township.

14. FACTS THAT SUPPORT RECOMMENDING DENIAL OF THE REQUEST

1) The Petitioners were informed of concerns of having mud dragged onto the roadways from the business operations at their prior renewal, and it is still a concern of neighbors and the Township.

2) The business is large and intense for a rural area.

15. MOTION

Made by Charles Eldredge, seconded by David Stone to recommend approval of the request for Renewal of Conditional Use Permit #12-24 to allow for a Landscape Business with Outdoor Storage, subject to the following conditions:

1) The Conditional Use shall expire 10 years from the date of approval by the McHenry County Board or sooner as outlined in Section 5.4.H (Expiration of Approved Conditional Use Permits) of the Unified Development Ordinance.

2) Site development of the property in question and storage of equipment and vehicles shall be in substantial conformance with the site plans submitted and approved by the Site Plan Review Committee. The boundaries of the mulch storage area shall be delineated and readily visible. The vehicle/equipment parking areas shall be delineated by means of bollards, masonry, concrete, immovable wheel stops, or fencing.

3) The storage of any chemical fertilizers, herbicides, or insecticides shall be limited to inside an enclosed structure. Storage of de-icing agents shall comply with Section 14.5.E (De-Icing Agent Storage) of the McHenry County Unified Development Ordinance.

4) The hours of operation for the landscape business only shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. Wood splitting and wood chipping shall be limited to the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday.

5) Vehicle maintenance and repair is prohibited on the site.

6) A landscape waste management plan shall be submitted in writing to the McHenry County Health Department. The management of landscape waste shall follow the recommendation of the Health Department and/or the Illinois Environmental Protection Agency as applicable.

7) If any structure, or part thereof, within the Conditional Use Permit area is used for the business and not for a strictly agricultural purpose, then said structure or relevant portion thereof shall be made to meet applicable commercial building codes and obtain all required permits for such a use.

8) All other federal, state, and local laws shall be met.

9) The owner shall be obligated to upgrade the driveway and parking areas with a gravel base sufficient to prevent mud from being dragged onto the surface of Streit Road. These driveway and parking upgrades shall be completed by May 30, 2017.

16. VOTE

5 - AYES; 2 - NAYS; 0 - ABSTAIN

Matthew Hansel - Nay Charles Eldredge - Aye Vicki Gartner - Aye Kurt Schnable - Aye David Stone - Aye Linnea Kooistra - Aye Richard Kelly - Nay

GOES TO COUNTY BOARD WITH ZBA RECOMMENDATION FOR APPROVAL