HomeMy WebLinkAboutMinutes - 04/19/2001 - Planning and Zoning Commission
CITY OF MCHENRY
PLAN COMMISSION
APRIL 19, 2001
McHenry Savings Bank Park View Plaza - Final Plat
Gerstad Builders Liberty Trails – Preliminary Plat
A meeting of the City of McHenry Plan Commission was held on Thursday, April 19, 2001.
Chairman Meyer called the meeting to order at 7:30 p.m. with the following persons in
attendance:
1. Plan Commissioners: Lundberg, Meyer, Osmon, Thacker Absent: Buhrman, Nadeau.
2. City Attorney: David W. McArdle.
3. Recording Secretary: Kathleen M. Kunzer.
4. City Planner: Absent.
5. Director of Community Development: Joseph Napolitano.
6. Applicant:
a. McHenry Savings Bank represented by Chief Executive Officer Kathleen Marinangel
and Officers James Marinangel and Kathleen Pelz, 1209 North Green Street,
McHenry IL 60050
b. Gerstad Builders represented by Roger Gerstad and Bob Shannon, 4310-G Crystal
Lake Road, McHenry IL 60050.
7. City Council/Staff: Alderman Murgatroyd.
8. Court Reporter: None.
9. Registered Observers/Objectors: None.
McHenry Savings Bank Park View Plaza - Final Plat
In attendance were McHenry Savings Bank Chief Executive Officer Kathleen Marinangel,
Officers James Marinangel and Kathleen Pelz; Project Manager Mike Anderson of Mike
Anderson Associates and Engineer James Condon of Condon Consulting Engineers. Mr. Condon
reminded the Commission the Park View Plaza is a 14.04-acre subdivision located on the east
side of Route 31 immediately south of Knox Drive. Mr. Condon noted the Final Plat before the
Commission this evening is essentially the same as the preliminary plat which was recommended
for approval by the Plan Commission on January 4, 2001. The Petitioners have conformed with
all Staff comments.
Questions by Members of the Commission
Commissioner Thacker inquired what would be done to ensure there would not be sliver lots
remaining unbuildable between lot clusters. Mr. Condon stated the Petitioners would have to
assure this would not occur. Staff noted the lot frontage minimums are determined by the
standards set forth in the City’s Zoning Ordinance. In order to meet minimum standards of the
commercial district, multiples of the 25’ wide sliver lots will have to be purchased.
Commissioner Lundberg inquired if the second Route 31 access point, right-in right-out, had
been granted by Illinois Department of Transportation (IDOT). Mr. Condon responded IDOT has
not yet approved the second access point. Lundberg inquired as to the means of access for lots
18-36. Mr. Condon noted access to Lots 18-36 would be from a north-south Municipal Utility
Access Easement which would run vertically between Lots 18-36 and Lots 37-55. Lundberg
noted Staff’s recommendation that Park Place (now known as Knox Drive) be renamed
Dartmoor Drive, as it will actually be the east extension of Dartmoor Drive. Mr. Anderson stated
as the roadway will be extending to the City’s Knox Park, the Petitioners deemed it appropriate
Page 2
PC
4/19/01
to name it Park Place. He noted it is not certain when Dartmoor Drive will actually, if ever,
extend across the railroad tracks from Park Ridge Estates through the Pacini Property. He
requested the City consider allowing the Petitioners to name this road Park Place as shown in the
Plat. It was the consensus of the Commission to recommend naming the road Park Place.
Commissioner Lundberg inquired if the screening required along the east boundary of the Plat
would be done on municipal park property or on the Petitioners property. Staff clarified the
roadway which extends from north to south along the Petitioner’s east property line will buffer
the residential zoning district from the commercial property. Additionally, a 30 construction
easement is being proposed along this east property line. Upon completion of the development,
the Petitioners would be required to seed and landscape the construction easement. The terms of
the easement and its landscaping will be addressed in the annexation agreement.
A lengthy discussion occurred regarding ways to restrict building construction and orientation to
assure Route 31 aesthetics. In addition to building facades, dumpster location, fencing, utility
appurtenances, loading areas, would also need to be located to assure an aesthetically pleasing
view from Route 31. Suggestion was made to include language on the plat or in the covenants
referencing building facades facing Route 31 and restricting locations of items such as
mechanical equipment, dumpsters and utility hook-ups.
Mr. Marinangel stated the Petitioners had previously requested the removal of the 30’ Municipal
Utility Access Easement. It is their intent to remove it from the Final Plat. Commissioner
Lundberg inquired if Lots 37 through 55 are sold first to a single entity, would Lots 18 through
36 be required to be accessed by Route 31, particularly if the north-south access easement is
deleted from the plat. Discussion continued regarding lot accessibility and building orientation
with regard to Route 31.
In summation, it was the consensus of the Commission to have the Petitioner work with Staff to
create language to be included on the plat and within the covenants stating “if a non-primary
building entrance faces Route 31” certain agreed-upon restrictions will be followed regarding the
building, its accessories and appurtenances. Additionally, it was the consensus of the
Commission to place restrictions on the plat stipulating that no lot can be sold or developed
without providing for access to remaining contiguous vacant lots to a public roadway. Mr.
Condon will incorporate a note to that effect on the plat.
Recommendation
Motion by Lundberg, seconded by Thacker, to recommend to the City Council that
The McHenry Savings Bank Park View Plaza Final Plat as prepared by Vanderstappen
Surveying, Inc. dated 2/28/01, last revised on April 3, 2001 be approved as submitted, subject to
the following conditions:
1. Removal of the 30’ Municipal Utility Access Easement running north to south between Lots
18-36 and Lots 37-55.
2. Include restrictions on the plat stipulating that no lot can be sold or developed without
providing for access to remaining contiguous vacant lots to a public roadway.
Page 3
PC
4/1/9/01
3. Amend the subdivision covenants to restrict certain accessory uses and appurtenances along
Route 31
4. Compliance with all recommendations of the City Engineer regarding the final plat and
engineering plans.
5. Provision of a title insurance policy covering the fair market value of the real estate that is to
be dedicated to the City.
6. Provision of written consent from the surveyor who prepared the final plat for the City to
record the plat with the McHenry County Recorder of Deeds.
7. Illinois Department of Transportation (IDOT) approval of the engineering plans and final
plat, and construction of all recommended improvements.
8. The McHenry Plan Commission Certificate should be corrected be removing the last
paragraph (Note).
9. The City has agreed to grant a 30-foot wide temporary construction easement along the
eastern boundary of the property to allow removal of trees, brush, and soil to allow the
construction of the interior public street. The City shall not grant this easement without prior
approval of all construction and engineering plans and final grades, evidence of insurance,
and appropriate guarantees for replacement of any trees to be removed.
10. Provision of an easement for the sanitary sewer extension through the adjoining property to
the north, owned by Ron Benzschawel.
11. Provision of a separate letter of credit providing for the extension of sanitary service to Lots
37-55.
12. Provision of covenants providing for the continued function and maintenance of stormwater
detention area, access easements, sign easement areas, and other applicable provisions. The
document number of the recorded covenants should be added to the certificate on the plat
before it is recorded.
Voting Aye: Lundberg, Meyer, Osmon, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Buhrman, Nadeau.
Motion carried. 4-0.
Gerstad Builders Liberty Trails – Preliminary Plat
In attendance were Gerstad Builders Principal Roger Gerstad and employee Bob Shannon, and
Attorney Samuel Diamond from Diamond & LeSueur and Associates. Mr. Gerstad stated the
Preliminary Plat before the commission for review this evening is for the 100-acre Diedrich
Farm Property, now known as Liberty Trails Subdivision. The Annexation Agreement between
the City of McHenry and Gerstad Builders Inc. allows for 191 single family lots zoned RS-2
with a minimum size of ¼ acre each.
Attorney McArdle stated Outlot D and E shown on the Plat originally were represented in the
Concept Plan approved by Council at the time of annexation as single family lots. Council
approved a total of 191 lots spanning the entire property with the exception of Outlots A, B, and
C, which were designated for detention and parkland. The Petitioner is now presenting a
Page 4
PC
4/19/01
preliminary plat which includes the approved 191 single family lots and the approved Outlots,
but also exhibiting two additional Outlots with no specified use. Attorney McArdle noted if the
Petitioner is expecting to utilize Outlots D and E as dedicated open space, the Plan Commission
could then move forward this evening to begin the review of the plat. If, however, the Petitioner
is planning to utilize this property other than for dedicated open space, the Commission should
bring the matter back to Council for review and possible amendment of the annexation
agreement, prior to any review of the preliminary plat. Attorney McArdle asked the Petitioner to
state his intentions for Outlots D and E. Mr.Gerstad responded he is using those two Outlots as a
buffer between the residential lots and Chapel Hill Road.
Mr. Gerstad stated the development would be buffered from Lincoln Road with a 6’ berm and a
heavily landscaped screen. Additionally, existing development to the west and northwest would
be buffered by a heavily landscaped screen. The proposed development would also be screened
from eventual possible construction of the FAP420. Mr. Gerstad noted Outlot D would be
preserved as open space with the possibility of future development. He stated it could be
developed as day care, church, or a commercial establishment, but City approval would be
necessary. Chairman Meyer stated his preference the developer be referred back to the City
Council for negotiation of the annexation agreement prior to any determination being made by
the Plan Commission regarding Outlots D and E, and the stipulation that a maximum of 191
residential lots be permitted. He noted the Plan Commission can not negotiate modifications to
the annexation agreement. A lengthy discussion occurred regarding the utilization of Outlots D
and E.
In response to Commission inquiry, Mr. Gerstad stated he is not certain what ultimate use he
intends for Outlot D. He noted he is not seeking a zoning reclassification at this time.
Staff noted the Plan Commission could move forward with review of the preliminary plat subject
to the final disposition of Outlot D. Attorney McArdle stated a notation on the Final Plat could
address the matter of informing potential purchasers of lots adjacent to Outlots D and E that the
use of these Outlots is subject to the developer’s request for a conditional use permit in the RS2
District.
At this time, Mr. Gerstad provided the Commission with an overview of the proposed
preliminary plat. He noted the subdivision layout includes only one cross intersection with the
remainder T-intersections. He is proposing extensive landscaping along the perimeter of the
subdivision including an elegant entrance which will be maintained by the Homeowners
Association. A tree survey has been provided. The developer intends to preserve as many mature
trees as possible. In designing the subdivision layout, the concerns of area residents were taken
into consideration. Additionally, the plan is in compliance with the City’s Subdivision Control
Ordinance and with all aspects of the annexation agreement with the exception of Outlots D and
E. Mr. Gerstad noted the entire property is zoned RS-2 with a total of 191 residential lots. The
191 lots range in size between ¼ acre and ¾ acre. The existing wooded area is being preserved.
In conclusion, Mr. Gerstad noted Outlots A , B and C would be utilized for detention. There is a
two-acre park site, as well.
Page 5
PC
4/19/01
Questions by Members of the Commission
Commissioner Osmon inquired if all roadway radii will be adequate for fire trucks and other
emergency vehicles. Mr. Gerstad responded the roadways meet all standards for minor
residential streets. All radii are within the requirements of the City’s Subdivision Control
Ordinance. Osmon inquired if there would be adequate City water and sanitary sewer to serve
this subdivision. Mr. Gerstad stated the subdivision would be served by City water and sewer. In
response to an inquiry, Mr. Gerstad noted the subdivision will be constructed in five phases.
There will be 47 units in Phase 1, 30 units in Phase 2, 57 units in Phase 3, 32 units in Phase 4,
and 26 units in Phase 5.
Commissioner Thacker inquired if there would still be a municipal test well on the two-acre park
site. Mr. Gerstad indicated there is still a test well which eventually could be utilized by the City
if necessary. In response to Thacker’s inquiry, Mr. Gerstad stated both Outlot C and Outlot A
will drain to Outlot B where the outflow will ultimately be carried by pipe to the Fox River.
Thacker inquired how Lots 21-29 would be screened from Outlot D. Mr. Gerstad noted the rear
of these lots would be heavily landscaped and screened. In addition, each of these Lots 21-29 are
deeper than normal to allow for greater buffering from Outlot D. The lots adjacent to the
proposed FAP420 will also be screened with heavy landscaping. Thacker stated he approved of
the subdivision layout.
Commissioner Lundberg, referencing the cul-de-sac including Lots 157-160, inquired as to the
name of the road. Mr. Gerstad responded that is a portion of Tyler Trail. Lundberg noted Staff
comment #16 with regard to the standards for constructing a tear drop. There are currently no
standards for teardrop cul-de-sac construction in the City’s Subdivision Control Ordinance.
Lundberg requested the note reference access to Lincoln Road from Lots 170, 171, and 177
through 184 should be rephrased for better clarification. Referencing the screening of Lots 30
through 35 from Outlot D, Lundberg inquired as to the height of the landscape screen. Mr.
Gerstad responded trees and bushes will be utilized to screen these lots from Outlot D. The width
of the landscape screen 10’ on lots 30-35 and 15-20’ along the rear of Outlot D. Lundberg noted
no uses other than RS2 residential were incorporated into the terms of the Annexation
Agreement. Mr. Gerstad noted any proposed use would be complimentary to the residential
district. He also pointed out both Outlots D and E are zoned RS2.
Chairman Meyer inquired if the project would require a sanitary sewer lift station. Mr. Gerstad
responded none would be required on the property. Sewer will feed 100% by gravity. Meyer
opined the layout is good. He concurred with Staff comments regarding stretching the 191
single-family lots to incorporate the land in Outlot D.
Discussion occurred regarding the reservation of Outlots D and E for open space or other use as
requested by the developer. Commissioner Lundberg noted the developer is suggesting the 5 acre
buffer (Outlot D) to screen Lots 30 through 35 from Chapel Hill Road. He inquired why no such
buffer is being suggested between Lots 21 through 21 and the FAP420 right-of-way, especially
since the FAP420 would be much more intensely utilized than Chapel Hill Road.
Page 6
PC
4/19/01
Recommendation
Motion by Thacker, seconded by Meyer, to recommend to the City Council
that the Liberty Trails Preliminary Plat, prepared by Howard Surveying Company dated
January 29, 2001, last revised March 22, 2001 be approved subject to the following:
1. Reword language on the plat prohibiting any direct access onto Lincoln Road from Lots 17,
171, and 177 through 184;
2. All cul-de-sacs shall accommodate tear drop design requirements as provided by Staff
recommendation;
3. The Preliminary Plat shall be redesigned in incorporate Outlots D and E into the proposed
residential layout, or
4. That the subdivision be approved as proposed, with Outlots D and E designated as open
space, subject to alternate use as stated in an ordinance passed by City Council in the future.
Voting Aye: Lundberg, Meyer,Thacker.
Voting Nay: Osmon.
Not Voting: None.
Abstaining: None.
Absent: Buhrman, Nadeau.
Motion carried 3-1.
Commissioner Osmon stated he believed the Applicant should go to City Council for
determination of Outlots D and E prior to action by the Plan Commission.
New Business
Commissioner Thacker informed the Commission he would be out of town for both the May 3rd
and June 7th Plan Commission Meetings.
Adjournment
Motion by Osmon, seconded by Thacker, to adjourn at 9:58 p.m.
Voting Aye: Lundberg, Meyer, Osmon, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Buhrman, Nadeau.
Motion carried 4-0.
Respectfully submitted,
Kathleen M. Kunzer, Deputy Clerk
Recording Secretary
McHenry Plan Commission
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Petitioners (2), Zoning Board of Appeals (7), Landmark Commission Chairman
Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.