HomeMy WebLinkAboutMinutes - 01/24/2001 - City Council SPECIAL MEETING
JANUARY 24, 2001
A Special Meeting of the McHenry City Council was called to order by Mayor Cuda,
at 7:30 P.M. on Wednesday, January 24, 2001 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey,
Murgatroyd, Baird. Absent: None. City Staff in attendance were: City Administrator Lobaito,
City Clerk Althoff, City Attorney McArdle, Chief of Police Kostecki, Director Community
Development Napolitano, Planner Maggio. Absent: Director of Public Works Batt, Director
Parks and Recreation Merkel, Assistant Administrator Maxeiner.
Mayor Cuda at 7:35 p.m. opened the Public Hearing to consider an annexation
agreement, zoning reclassification, and preliminary plat approval for the proposed
Shamrock Farm Property, located south of Route 120, north of Bull Valley Road between
Curran Road and Draper Road, and consisting of approximately 600 acres. The property
extends beyond Draper Road to the northwest where it abuts the City adjacent to both the
Burning Tree and Deerwood Estates Subdivisions.
Mayor Cuda distributed and explained the order of proceedings for the Public
Hearing. He noted the presence of a court reporter and requested the audience conduct
themselves with courtesy and wait to be recognized before commenting. He opined no
formal action would occur at this evening's meeting regarding the proposed annexation.
The McHenry City Council must consider all aspects of the development proposal, as well
as the terms and conditions of the annexation agreement, prior to taking formal action.
Mayor Cuda introduced the property owners, Pete Johnson, Joan Johnson Galli,
and Christian Galli; property managers, Verne and Jean Schiller; and developer John
Green of Concorde Development Corporation.
Mr. Green in turn introduced Attorney Mr. James Cowlin of Cowlin and Cowlin;
engineers Jim Frain and Leonard Strickland of Manhard Consulting Inc.; and Dan O'Malley
of Bloodgood Sharp Architects.
Mr. Green addressed Council, noting the annexation agreement before them dated
January 12, 2001, is the most recent draft. The agreement establishes the terms of the
annexation as well as the obligations of both the City and the property owners and
developers. The proposed preliminary plat must also be considered, as the annexation
agreement requests preliminary plat approval. Property owner Joan Johnson Galli
addressed Council and the audience. She thanked the elected officials and City Staff for
their assistance and cooperation throughout the development process. She noted her
family has owned the property in question for the past 27 years and considers this area
their home. She cited the family's involvement in numerous community events and their
desire, intent, to develop the property into a quality residential development. They have
met and incorporated the concerns and requests of the adjacent neighborhoods, school,
fire and library districts, into their proposal to the best of their ability.
Mr. Green again addressed Council and distributed the Shamrock Farm
Development Informative Summary Report containing general and technical information.
Page 2
1/24/01
The report contained charts delineating the total fee and cash donation amounts, as well
as building permit forecasting for years 2001 through 2010. Mr. Green presented the
development proposal. He noted the property consisted of approximately 600 acres and is
located south of Route 120, north of Bull Valley Road between Curran and Draper Roads.
The property extends beyond Draper Road to the northwest, where it abuts the City
adjacent to both the Burning Tree and Deerwood Estates Subdivisions. He noted the
adjacent properties' zoning classifications and stated the Shamrock Farm Development
contained seven distinct neighborhoods consisting of the following zoning classification
requests and acreage:
NEIGHBORHOOD ZONING AREA # UNITS AVERAGE
REQUEST LOT SIZE
Neighborhood #1 RS-1 Zoning 118.62 acres 87 Units 46,755 sf
Neighborhood #2 & 3 RM-1 Zoning 55.9 acres 240 Units N/A
Neighborhood #4 RS-2 Zoning 56.71 acres 132 Units 14,580 sf
Neighborhood #5 RS-2 Zoning 30.84 acres 74 Units 14,653 sf
Neighborhood #6 RS-2 Zoning 83.35 acres 213 Units 13,109 sf
Neighborhood #7 RS-2 Zoning 39.42 acres 92 Units 14,783 sf
TOTALS ---------------- 384.84 ACRES 838 UNITS -------------
Mr. Green noted the net developable area of approximately 385 acres. He stated
the Comprehensive Plan depicts this area to be developed as low density residential with
an ultimate build-out ratio of one to four units per acre. The proposed density of the
Shamrock Farm Property development project falls within the prescribed limits of the
Comprehensive Plan. The development's net density of 1.3/1.4 units per acre is consistent
with those developments recently approved by the McHenry City Council. Mr. Green
explained, although the original plan included the extension of both water and sewer
service to the entire development, City Staff, citing future facility maintenance restrictions,
limited the extension of water service to the areas east of Draper Road. The area no
longer receiving municipal water encompasses Neighborhood #1, consisting of 87 one-
acre single family units. The proposed plan includes a 1.5-acre fire station site, a 12-acre
elementary school site next to an 18-acre park site, and the extension of the Dartmoor
Drive bike path to Draper Road. The fire station site is a donation above and beyond the
required cash developer donation fees. The school and park sites will be credited against --�
associated developer donation fees.
Ponds are developed to accommodate existing water table and storm water runoff.
As per Council direction, the developers requested their traffic engineers, Metro
Transportation Group Inc., to reevaluate three issues:
Page 3
1/24/01
■ Determine whether the existing Dartmoor Drive east of Curran Road has sufficient
roadway capacity to accommodate future traffic volumes generated by both the
Shamrock Farm Property and Boone Creek Developments;
■ Investigate whether proposed Dartmoor Drive west of Curran Road should be aligned
with existing Dartmoor Drive east of Curran Road; and
■ Identify the preferred east-west roadway connection between the Shamrock Farm
Development and Deerwood Estates and Burning Tree Subdivisions.
In addition, the engineers were asked to verify the sight distance along Draper
Road at the proposed location of the access drive serving Neighborhood #7 is adequate.
Mr. Green distributed the results of Metro's analysis for Council review. He stated this
analysis verified the sight distance along Draper Road at the proposed location of the
access drive serving Neighborhood #7 is adequate. In addition, one east-west roadway
connection between the proposed Shamrock Farm development and the Deerwood
Estates and Burning Tree Subdivisions is adequate. Two connections are more and three
connections are too much. Dartmoor Drive west of Curran Road should remain aligned
with Dartmoor Drive east of Currant Road. Metro Transportation Group states recognized
traffic engineering standards support the alignment of Dartmoor Drive both east and west
of Curran Road. Citing safety concerns, Metro noted this alignment provides a more direct
east-west access for motorists and increases the probability of satisfying future traffic
warrants for the installation of a traffic signal.
Mr. Green noted the development as proposed will provide over $3 million in
developer donation fees to both the elementary and high school districts. He noted no
response has been received from the high school district regarding their proposed land
donation of 55 acres. The elementary school district has agreed to accept a reduced
developer donation cash amount in lieu of the 12-acre land contribution.
Mr. Green reviewed the proposed landscape plan dated 1/12/01 noting the
monument-style signage, rural farm fencing along the development's perimeter, and the
significant mature landscaping at both the development's entranceways and along Draper,
Curran and Dartmoor -Roads. Architect Dan O'Malley of Bloodgood Sharp Architects
addressed Council reviewing the proposed architectural standards. Mr. O'Malley
distributed a revised architectural standards draft dated January 24, 2001. The overall
dwelling style shall be in the traditional Americana style. He stated the purpose of the
architectural standards, is to define the criteria that will guide development in the
Shamrock Farm Subdivision. The standards also outline an equitable review process that
will be administered by the Shamrock Farm Architectural Review Committee. The
Architectural Review Committee shall stay intact as a functional governing body until the
entire Shamrock Farm development is 85% complete. At that time, the review and
authoritative power for architectural review will be transferred to the Shamrock Farm
Homeowners Association. The Architectural Review Committee will have authority over
both new construction and exterior remodels, additions and other improvements.
�- Covenants will be established for the development, and will meet or exceed covenants of
the adjacent subdivisions. In response to Council inquiry, Planner Maggio noted a draft of
the covenants has been provided Staff for review.
Page 4
1/24/01
Engineer Jim Frain of Manhard Consulting Ltd. addressed Council in response to
questions regarding soil conditions, water tables, and storm and ground water
management plans. Mr. Frain stated the property owners were currently monitoring water
levels on the development site. He noted the ground levels of sites located west of Curran
Road and east of Draper Road must be raised prior to home construction. In addition, Mr.
Frain informed Council it was the consensus of Staff and the City's engineering firm,
municipal water service could not be provided to the 87 lots located west of Draper Road
because of existing topography. Although the property owner and developer's engineering
firm suggested a known and possible design, City engineers opined continued
maintenance of this design would not be economically desirable and thus feasible for the
City. Municipal sewer service, however, will be provided for the entire development.
In response to Council inquiry, Mr. Frain noted a study was currently underway to
evaluate the impact, on neighboring properties, of the construction of the 87 wells required
for the development of Neighborhood #1 west of Draper Road. In conclusion, Mr. Green
noted the proposed development will provide $11.6 million in fees to the City of McHenry,
returns to a number similar to current City of McHenry building permit activity. Council
noted the building permit forecast did not include any future residential developments
beyond the Shamrock Farm annexation.
Mayor Cuda suggested Council review the proposed annexation agreement page by _
page.
ANNEXATION AGREEMENT REVIEW
Page 2, Paragraph 2, Zoning:
Mayor Cuda reviewed the recommendations of both the Zoning Board of Appeals
and the Plan Commission. City Administrator clarified the developers have amended the
annexation agreement and are now seeking RA-1 zoning as opposed to the RM-1 zoning
previously requested, for Neighborhoods #2 and #3. He noted the recommendation from
both the Zoning Board of Appeals and the Plan Commission was for more restrictive RA-1
zoning. The proposed lownhome use is permitted in the more restrictive RA-1 zoning
classification. City Administrator Lobaito pointed out the developers are actually reducing
their request for the zoning reclassification of neighborhoods #2 and #3. Additionally, the
number of units ultimately permitted in Neighborhoods #2 and #3 will be reduced as a
result of the change from RM-1 to RA-1 zoning.
Some discussion occurred regarding the Zoning Board of Appeal's recommendation
for neighborhood #1. The developers are requesting RS-1 zoning with a minimum lot size
of 30,000 square feet. However, the Zoning Board of Appeals opined the Comprehensive
Plan indicated this area should be zoned E Estate with a minimum one-acre lot size. Mr.
Green stated the reconciliation of the intent of the Zoning Ordinance versus the intent of
the Comprehensive Plan caused consternation by members of the Zoning Board. He
opined, inasmuch as the developer is proposing 87 lots on 173 acres west of Draper Road,
the density intent of both the Comprehensive Plan and Zoning Ordinance are being met.
Page 5
1/24/01
Alderman Glab suggested the development be reviewed as three separate parcels:
■ Property located east of Curran Road;
■ Property located north of Draper Road and Curran Road;
■ Balance of the property located between Curran and Draper Roads.
In response to Alderman Glab's inquiry, Staff noted the proposed development
includes a total of 19.4 acres of existing right-of-way. Alderman Glab opined the available
acreage for development should be reduced to 585 acres. Alderman Glab noted the
property located northwest of Draper Road containing 87 lots of approximately 1 acre is
similar to the development suggested in the City's Comprehensive Plan for this area. The
55-acre parcel located east of Curran Road contains 120 multi-family units. Alderman Glab
opined this type of residential development would blend in with the existing area
development. He did state his concerns with the increase in multi-family development.
Alderman Glab's main concern focused on the proposed 517 units between Curran and
Draper Roads. He also stated his objection to the alignment of Dartmoor Drive west of
Draper Road with existing Dartmoor Drive east of Draper Road. He supported the quarter
acre lot concept but with significantly more open space. He also stated the property
located northwest of Draper Road should be zoned E Estate, not RS-1 Low Density
Residential Single Family.
Mayor Cuda noted the proposed RS-1 residential area meets the intent of the
Comprehensive Plan estate zoning. A lengthy discussion followed comparing the proposed
Shamrock Farm Development density and zoning request and the City's Comprehensive
Plan recommendations for the area. Mr. Green noted the density of the property located on
the northwest side of Draper Road is .34 units per acre. The density of the Burning Tree
Subdivision is .87 units per acre; and for Deerwood Estates Subdivision, the density is .91
units per acre. Alderman Glab responded, significant open space in this area facilitates the
overall density of .34 units per acre. In response to Mayor Cuda's inquiry regarding
acceptable density, Alderman Glab suggested a total of 572 units:
■ 87 units west of Draper Road;
■ 120 units eastof Curran Road; and
■ 365 units between Draper and Curran Roads.
He also suggested the proposed multi-family zoning between Draper and Curran Roads be
eliminated and replaced with single family homes. Mr. Green stated the reduction to 572
units may not be economically feasible.
Mayor Cuda suggested the RS-2 zoning located at the intersection of Bull Valley
and Draper Roads is not comparable to surrounding development. He suggested RS-1
zoning as an alternative.
Alderman Baird initiated a discussion regarding the possibility of developing the
entire area with one acre lots. Mr. Green cited the significant expense associated with
extending municipal sewer and water service to one acre lots on this size property. He also
cited the loss of desirable open space. A lengthy discussion followed.
Page 6
1/24/01
In response to Aldermen Bolger and Glab, opposition to multi-family development
west of Curran Road, Mayor Cuda responded, if the overall density of the project is
reduced, and the architectural standards are of significant quality, the inclusion of multi-
family development west of Curran Road is not objectionable.
In response to Alderman Baird's query regarding the storm water management and
ultimate connection to the City's existing drainage system to Boone Creek. Mr. Frain
opined the development's proposed storm water management would improve area flooding
problems. Alderman Baird expressed concerns regarding impacting existing storm water
management drainage problems. Mr. Green opined the existing water table on this
property will be adequately addressed by both the developers and the City's engineers.
The ground will be raised with dirt excavated to construct the storm water management
ponds. Alderman Baird expressed his concern with the density and size of proposed lots
for this development. Alderman McClatchey concurred with Alderman Baird's assessment.
Mr. Green noted the annexation agreement includes a growth management clause
restricting the issuance of building permits per year. Some discussion followed regarding
local developer Roger Gerstad's interest in developing the adjacent property to the south.
Alderman Baird suggested approval of the proposed Shamrock Farm Development be
postponed until the western bypass is developed.
Alderman Murgatroyd opined the number of units must be decreased. He also
suggested appropriate zoning be determined subsequent to the reduction in number of
units. Alderman Bolger suggested the growth management clause be extended to provide
for a ten to twelve year buildout period. He opined the extension of the development's
buildout will lessen the impact on the McHenry community.
Alderman Glab recommended the negotiations and development review continue.
He suggested McHenry would still experience the impact of this development if annexation
to the City is denied and development occurs in the County. He also noted surrounding
communities continue to approve residential development impacting City of McHenry
schools, parks and the library district.
Page 2, Paragraph 3, School and Shamrock Farm Club Site Zoning:
In response to Council inquiry, Mr. Green stated a definitive proposal for the
Shamrock Farm Club site would be presented to Staff within thirty days. Currently, the
Club would be available for use only to Shamrock Farm residents. However, a reduction in
the number of acceptable units for this development may require a reevaluation of this
specific proposal. Some discussion followed.
Mr. Green agreed to place restrictive covenants on the Final Plat against this
parcel, prohibiting its future use as additional residential development.
"1
Page 2, Paragraph 4, Conditions of Zoning Approval:
Mayor Cuda suggested the language be amended to require a specified maximum
number of units as opposed to the °substantial conformance" phrase. In response to
Alderman Murgatroyd's query, Mr. Green verified Shamrock Farms will not be developed
Page 7
1/24/01
�- exclusively by Concorde Development. He cited the importance of adopting architectural
standards to insure conformity and quality.
Page 3, Paragraph 5, Agricultural Uses:
Mayor Cuda recommended the beef livestock operation be limited to the west side
of Draper Road.
Page 3, Paragraph 6, Preliminary Plat:
It was the consensus of Council the Preliminary Plat required additional
consideration.
Page 3, Paragraph 7, Architectural Standards:
The creation and adoption of architectural standards will be reviewed and included
as part of the annexation agreement. Council noted the Petitioners submitted revised
architectural standards just this evening for Council consideration.
Page 3, Paragraph 8, Landscape Plan:
Council concurred monument signs and specific height and width of proposed
plantings needs to be specified. Mayor Cuda suggested the development's entranceway
include significant mature landscaping.
Page 3, Paragraph 9, Townhouse Neighborhood Plan:
Council noted no specific plans for the multi-family unit development have been
presented. Mr. Green responded specific plans will be presented at the time of Preliminary
Plat. In response, to Alderman McClatchey's inquiry, Mr. Green stated the multi-family
development located east of Curran Road includes 30 acres of buildable soil. The
development will include no basements.
Page 4, Paragraph 10, Covenants and Maintenance:
City Planner Maggio noted a set of draft covenants has been provided to Staff. They
contain the standard general provisions. Subsequent to Staffs review, a copy will be
provided to Council. In-response to Alderman Murgatroyd's query, Staff noted separate
covenants will be developed for both the multi-family and single family associations.
Page 4, Paragraph 11, Backup Special Service Area:
Mr. Green noted this provision is beneficial to the City of McHenry. In the event the
established homeowners associations do not maintain the property as per covenants and
terms of the annexation agreement, the City of McHenry is permitted to establish a Special
Service Area to ensure the continued maintenance of the private subdivision
improvements. Mayor Cuda suggested this provision be reviewed by Attorney McArdle,
and the language be amended to more specifically address this issue.
In response to Council inquiry, Mr. Green noted the Language contained in this
L- clause is similar to established zoning and it would outlive the term of the annexation
agreement.
Page 8
1/24/01
Page 4, Paragraph 12, Phasing of Development:
In response to Council request for clarification, Mr. Green noted the phases will in
all likelihood be developed from east to west. Phases will be established in direct
correlation with municipal sewer and water extension, access to the elementary school
site, the development of the Shamrock Farm Club, and the realignment of Draper and
Curran Roads.
Mayor Cuda noted the development of multi-family units is less burdensome on the
local taxing entities.
Page 4, Paragraph 13, Limitation on Building Permits:
In response to Council inquiry, Staff noted the building permit limitation is restricted
to the RS-2 zoning classification. Alderman Murgatroyd expressed his absolute opposition
to a cumulative maximum. In response Mr. Green requested Council consider associated
comparable phasing of developer donations. Council responded this type of cost phasing
may be acceptable and will be reviewed.
Page 5, Paragraph 16, Curb, Gutter and Sidewalk:
It was the consensus of Council to require the installation of public sidewalks on
both sides of any streets constructed in conjunction with the proposed Shamrock Farm -�
Property development.
Page 5, Paragraph 16b, Sanitary Sewer and Water:
Council noted the need to amend the Facility Planning Area and the owners
obligation to pay all associated costs.
Page 5, Paragraph 16d, Sanitary Sewer and Water:
Council noted the obligation of the owner to finance and/or construct all municipal
sanitary sewer and water systems improvements required to meet the expected demand as
a result of the proposed development. Mayor Cuda requested clarification regarding if the
developers anticipate credit for providing a water reservoir. A lengthy discussion followed.
It was the consensus of Council to revisit the language provided in this specific section of
the annexation agreement.
Staff noted City engineering firm Baxter and Woodman has opined additional water
storage will be required to provide water services to the entire development as proposed.
Staff also noted the future site of a well and water reservoir/water storage receptacle has
yet to be determined.
In response to Council inquiry, Staff noted it will be the City of McHenry who
determines the need for an elevated or water reservoir storage facility. It was noted
requests had been received from area residents to prohibit an elevated water storage
facility, and to develop an at-grade water storage reservoir instead. Staff noted concerns
with the development and long-term maintenance of an at-grade water reservoir. Additional
investigation will be necessary prior to the development of any water storage facility.
Page 9
1/24/01
In response to Council inquiry, Mr. Green noted the individual wells required for the
RS-1 neighborhood located northwest of Draper Road, will be at a 300' depth.
Pape 6, Para-graph 16e, Eminent Domain:
Council noted Section 16e addressed Eminent Domain in association with required
easements. Mayor Cuda requested the owners inform City Staff and/or Council as soon as
possible of any potential easement needs requiring City to exercise its power of eminent
domain. Mr. Green stated the only area of concern would be the City's requirement to
improve the Curran and Draper Roads intersection.
Page 6, Para-graph 19,_Temporary Signage:
It was the intent of Staff to address the issuance of signage permits during
annexation negotiations as opposed to appearing before Council at a later date. Council
expressed opposition to any form of temporary roadway "stick" signs advertising the
development. In response to Alderman Murgatroyd's request for clarification, Staff noted
the 90% occupancy is based upon the issuance of Certificates of Occupancy for the entire
Shamrock Farm development.
Noting the lateness of the hour, Mayor Cuda suggested the Public Hearing be
continued to another date. It was the consensus of Council, Monday, February 5, 2001,
would be agreeable.
Motion by Bolger, seconded by Murgatroyd to recess the Public Hearing to consider
an annexation agreement, zoning reclassification, and preliminary plat approval for the
proposed Shamrock Farm Property, located south of Route 120, north of Bull Valley Road
between Curran Road and Draper Road, and consisting of approximately 600 acres, until
Monday, February 5, 2001 at 7:30 p.m. in the McHenry Municipal Building Council
Chambers.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird
Voting Nay: None
Absent: None
Motion carried.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 10:05 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird
Voting Nay: None
Absent: None
Motion carried.
L.. The Special Meeting was adjourned at 10:05 p.m.
i
MAYOR CI CLERK