HomeMy WebLinkAboutMinutes - 10/21/2004 - Planning and Zoning CommissionMinutes of the City of McHenry
PLANNING AND ZONING COMMISSION
October 21, 2004
The October 21, 2004 Meeting of the City of McHenry Planning and Zoning Commission was
called to order by Chairman Howell at 7:30 p.m. in the McHenry Municipal Center Council
Chambers. Commission members in attendance: Buhrman, Ekstrom, Howell, Nadeau, Schepler,
Thacker. Absent: Cadotte. Also in attendance: Planner Martin, Deputy Clerk Kunzer, Attorney
Kelly Cahill.
Approval of Minutes
Ekstrom noted the vote on the first motion of the October 7, 2004 minutes of the Planning and
Zoning Commission was incorrect and stated one member (Nadeau) actually voted in favor of
the zoning map amendment and the remaining six opposed the map amendment as requested in
File No. Z-626.
Motion by Buhrman, seconded by Ekstrom, to approve the minutes of the October 7, 2004
regularly scheduled Planning and Zoning Meeting as amended.
Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Cadotte.
Motion carried. 6-0.
Public Hearing – Gerstad Builders
File No. Z-613
Adams Farm Property
Chairman Howell at 7:33 p.m. called to order the Public Hearing regarding a petition filed by
Gerstad Builders for the Adams Farm Property as follows:
• Zoning Map Amendment upon annexation:
o Neighborhood 1 – RS-2 Medium Density Single Family Residential;
o Neighborhood 2 – RM-1 Low Density Multi Family Residential;
o Neighborhood 3 – RS-2 Medium Density Single Family Residential;
o Neighborhood 4 – RA-1 Attached Single Family Residential;
o Neighborhood 5 – RS-2 Medium Density Single Family Residential;
o Neighborhood 6 – RS-2 Medium Density Single Family Residential;
o Neighborhood 7 – RS-2 Medium Density Single Family Residential;
o Parcels 7A and 7B – C3 Neighborhood Commercial;
• Variances:
o Lot width from 80 feet to 70 feet for Neighborhoods 1, 3 and 5;
o Lot size from 10,890 square feet to 9,000 square feet for Neighborhoods 1, 3, and
5;
o Front yard building setback from 30 feet to 20 feet for Neighborhood 3 and 5.
In attendance representing the applicant were:
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October 21, 2004
Page 2
Property owner and developer Roger Gerstad of Gerstad Builders, Attorney Sam Diamond of
Diamond LeSeuer and Associates; and land planner Roger Dupler of Welch Hanson Associates,
who were all sworn in by Chairman Howell.
Also in attendance were the following Observers/Objectors:
1. Kelly Grimshaw, 119 Creekside Trail, McHenry.
2. Laurri Lowe, 5515 Winding Creek Drive, McHenry.
3. Steph Gaspers, 1107 S. Bonita Lane, McHenry.
4. Jeanine Dammann, 8220 Mason Hill Road, McHenry.
5. John Nelson, 1507 Moraine Drive, Woodstock.
6. Jorie and Scott Nicholls, 5901 Eaglewood Trail, McHenry.
7. David and Pat Adams, 6404 W Bull Valley Road, McHenry.
8. Phyllis Scheu, 6809 Bull Valley Road, McHenry.
Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on
October 4, 2004. A Certificate of Publication and receipts of certified mailing of notification to
abutting property owners of record are on file in the Office of the City Clerk. An Affidavit of
Service and property posting is also on file in the Office of the City Clerk.
Attorney Diamond provided a brief opening statement. He noted the applicant has made
numerous presentations before this Commission as well as the McHenry City Council. The
concept plan for the Adams Farm Property has changed considerably following each
presentation. The applicant has made a concerted effort to listen to city concerns and amend his
plan accordingly. Following the most recent presentation before the Council’s Committee of the
Whole, recommendation was made to bring the matter back before this Commission at a Public
Hearing. Attorney Diamond noted the applicant has addressed previous city concerns such as
preservation of the environmental corridor and lot widths adjacent to existing neighborhoods. In
addition the project density has been greatly reduced from the initial 803 dwelling units to the
proposed 550 dwelling units.
Mr. Gerstad stated the Adams Farm Property is held in trust. Gerstad Builders intends to develop
the property pursuant to the concept plan included in the Petition before the Commission. The
plan includes a mix of single family residential, multi family residential and commercial use. The
property is comprised of 303 acres. In respond to Attorney Diamond’s inquiries, Mr. Gerstad
affirmed the statements made in the application regarding the Approval Criteria for Zoning Map
Amendments and Variances.
Mr. Gerstad then summarized various aspects of the project. He noted community, Staff and City
Council concerns had been addressed including:
1. Match up lot lines when the lots are adjacent to existing residential neighborhoods;
2. Preserve environmental corridor;
3. Preserve existing hydric soils;
4. Provide larger open space and usable park areas;
5. Reduce the commercial portion of the project;
6. Utilize clustering concept;
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October 21, 2004
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7. Maintain maximum density of not more than 550 dwelling units.
Mr. Gerstad noted he is proposing a varied streetscape, incorporating side load and rear load
garages. In consideration for this feature, he is seeking variance to permit reduced lot sizes in
Neighborhoods 1, 3 and 5, as well as reduced front building setbacks in Neighborhoods 3 and 5.
He stated in Neighborhoods 6 and 7 he is anticipating 50% side load garages and 50% front load
garages. Mr. Gerstad also pointed out he has acceded to existing residents’ request to align lots
abutting existing neighborhoods so that lot lines match up.
Mr. Dupler provided a brief summary informing the Commission how the applicant had arrived
at the current concept plan. He noted the commercial area has been considerably reduced in size.
The overall density of the project is now 1.9 dwelling units per acre. Mr. Dupler stated the
present concept plan respects the environmental corridor, addresses storm water treatment and
settling ponds. Water which will drain into the creek will be considerably cleaner than its present
condition. Mr. Dupler also stated the green space has been consolidated to increase
neighborhood parks and open space. Two parks are shown on the plan, one is 2 acres and the
other is 2.2 acres. Both of these areas contain usable park space. The city’s bike path is also
incorporated into the open space on the plan.
Mr. Dupler noted previous traffic studies of the area indicated no traffic signal would be required
as a result of this development. The multi-family housing shown along the environmental
corridor has been included at the request of the city. The multi-family units will provide a buffer
between single family houses and the environmental corridor along both sides of the creek.
Previously, the Commission expressed concern regarding having single family homes
immediately adjacent to the environmental corridor, as homeowners might begin to begin
utilizing the required open space buffer as part of their own property. Multi-family homeowner’s
association covenants should address this issue and prevent this from occurring.
Mr. Dupler stated the plan includes one long cul-de-sac in Neighborhood 1 which cannot be
eliminated due to the existing hydric soils. The commercial portion of the development has been
split between areas east and west of Curran Road. In conclusion, Mr. Dupler stated the developer
is proposing a neo-traditional development with reduced front yards, clustering, and curvilinear
streets in order to vary the streetscape throughout the project.
Planner Martin provided the Commission with an overview of the Staff Report.
• Staff believes that the current land use mix is appropriate for this area.
• The concept plan provides for a diversity of housing products, including a community-
oriented convenience commercial area; it also utilizes multi-family housing for the
buffering of the single-family homes from the commercial areas.
• The commercial areas proposed will serve the immediate areas and not the city at-large.
• The proposed density of 1.9 units per acre is consistent with the Comprehensive Plan as
well as the densities of the surrounding area.
• The changes made to the plan are beneficial including the following:
• Use of additional environmental measures, such as the infiltration swales to reduce
the amount of silt flowing towards Boone Creek
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• Preservation of hydric soils
• Land uses that are commensurate with the city’s Comprehensive Plan and Long
Range Transportation Goals
• Managed and planned growth for a large area of the City
• Neighborhood commercial area for the southwest side of the City
Planner Martin stated Staff’s only concern with the design is the duplex area west of Curran
Road. Because of access limitations to Curran Road, the only full access point to serve the west
side of Curran Road will be on the northernmost part of the site. Consequently, commercial
traffic must drive through the residential (duplex) neighborhood in order to turn northbound onto
Curran Road. Staff believes that alternative configurations should be considered, such as having
a frontage road east of the duplex neighborhood so the residential areas would not be bisected.
Planner Martin noted the following regarding the variances being requested:
• Variances are necessary in order to apply some of the clustering techniques proposed by
the developer, as well as to provide a more interesting streetscape.
• Many lots will have side load garages, with the exception of the lots on the cul-de-sacs.
This will create a pleasant streetscape setting, with the homes dominating the street
instead of the garages.
• The side and rear load garages will have a positive impact as far as calming traffic, as the
homes are pushed closer to the street creating more of a residential atmosphere and
providing for larger backyards.
• The topography, particularly east of the creek is very steep and, by allowing smaller lots,
more open areas can be preserved, particularly adjacent to the creek.
Planner Martin stated certain issues will be addressed in an Annexation Agreement including:
• Road and intersection improvements and/or contributions:
• Contribution for the establishment and long-term maintenance of the Boone Creek
Corridor.
• Architectural guidelines.
• School Impact Fees/Operations Fees
In conclusion, Planner Martin stated it is Staff’s recommendation to
• Approve the Zoning Map Amendment from E, Estate to RS-2, RM-1 RA-1and C-3 upon
annexation to the City of McHenry.
• Approve Variances as requested.
Chairman Howell requested questions and/or comments from members of the Commission.
In response to an inquiry, Mr. Gerstad stated the extension of Farmstead Drive from Legend
Lakes Subdivision through the subject property and intersecting with Bull Valley Road was done
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at the request of Staff. He noted all detention areas would be wet-bottom detention areas, but
would not be established as lakes or ponds. Natural features would be utilized around the
perimeter of the detention areas to discourage corporate geese.
Responding to a question, Mr. Gerstad stated the street stubs indicated at the northeast and
northwest corner of Mr. David Adams property were provided so that Mr. Adams could have
direct access to the proposed development.
Mr. Gerstad stated bike trail surface has not yet been determined. That would be known
following final engineering for this project. Question was raised regarding growth and the
possibility of annual building permit limitation being incorporated into the annexation
agreement. Mr. Gerstad stated that would be addressed in the annexation agreement.
Responding to an inquiry regarding subdivision covenant enforcement, Attorney Diamond
acknowledged there are several different types of issues which may require covenant
enforcement, notably:
1. City requiring maintenance or upkeep of common areas;
2. City spending money to provide actual maintenance and/or upkeep of subdivision
property. These monies would be recouped by the city, typically through a Backup
Special Service Area. Special Service Area fees are passed on to homeowners and paid
via the real estate tax bills.
3. City would not be involved in individual issues between the homeowners association and
private homeowners. The City supports subdivision covenants but does not enforce them.
Some discussion followed regarding the commercial areas and potential outlots, particularly on
Parcel 7A located west of Curran Road. Mr. Gerstad noted architectural standards would be
created and all commercial buildings would be required to pass the architectural review of the
developer and/or the master property owners association. Responding to inquiries regarding the
proposed right-in right-out access along Curran Road, Mr. Gerstad stated this issue would be
addressed during final engineering for this project. Planner Martin explained once the concept
plan has been approved the city’s traffic engineer will review the proposed subdivision layout
including all points in ingress/egress.
Mr. Dupler responded to commissioner’s inquiries regarding the request to vary the front yard
building setback from 30 feet to 20 feet on three of the neighborhoods. He stated in
neighborhoods where a predominance of side and rear load garages would be implemented,
having a reduced front yard and increased back yard is desirable.
In response to a question, Mr. Gerstad stated the farmhouse and barn would be removed from the
site. Further questions were raised regarding the proposed commercial use at the northwest and
northeast corners of the intersection of Curran Road with Bull Valley Road. Mr. Gerstad
confirmed the City’s Comprehensive Plan designates this intersection as commercial. Mr. Dupler
noted the commercial area has been greatly reduced since the last presentation of this property
before this Commission. The purpose of the commercial district in this development is to provide
neighborhood retail services for the area.
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October 21, 2004
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Responding to an inquiry, Mr. Gerstad stated he has had conversations with both McHenry
School District 15 and School District 156 regarding the Adams Farm Property development.
Both districts acknowledged growth greatly impacts school services. However, neither district
requested a land donation. Both districts voiced the need for developer donations and operations
fees.
Question was raised as to the future expansion of Bull Valley Road. Planner Martin responded
noting the developer would be required to dedicate land for future right-of-way for both the
possible expansion of Bull Valley Road and the eventual West McHenry Bypass. Further
questions were raised regarding the method of buffering the commercial district from adjacent
residential properties. Mr. Dupler responded noting 60% opacity is required. The screening
would be comprised of landscaping, trees, shrubs, evergreens and berming.
The issue was raised regarding the request to vary the minimum lot size in the RS-2 District from
10,890 square feet to 9,000 square feet. Attorney Diamond noted it is a city policy decision to
maintain a minimum lot size of 10,890 square feet. He stated the concept plan provides a
creative, unique product. He opined it takes flexibility to make the plan work. Mr. Dupler noted
it is the city’s intent to raise the minimum lot size in order to secure open spaces. In response to
the city’s request to provide residential cluster development, a need to reduce lot sizes is a direct
result. As the developer is offering a neo-traditional development, perhaps some concessions by
the city may be sought. Mr. Gerstad stated he agreed to Council’s request for a maximum density
of 550 dwelling units. He was requested to be creative in finding a way to make 550 units work
on this property. He has taken steps to preserve the environmental corridor. He is providing a
water infiltration system. In order to make this plan work, he was required to think “outside of
the box”. The result is a more innovative streetscape. He noted if smaller lots are utilized, more
common open space will result. Some discussion followed regarding the unique layout of the
concept plan. Members of the commission concurred with the creative design of the
development, particularly with regard to side and rear load garages. The Commission also noted
its preference for the curvilinear streets and lack of grid-like format.
It was suggested the developer should retain architectural review and approval of the commercial
structures. Regarding subdivision covenants, the commissioners requested the developer address
such items as outdoor storage of recreational vehicles, boats and disallowance of sheds in an
effort to maintain an aesthetically-pleasing neighborhood. The neo-traditional design would not
allow room for storage of such vehicles or the construction of sheds on the premises. Attorney
Cahill suggested the Commission could include a recommendation that language governing these
items be included in the text of the annexation agreement for this property.
Chairman Howell opened Public Comment at 8:46 p.m. He swore in the following persons prior
to their making statements before the Commission.
David Adams: Mr. Adams noted he had not requested the development include access to his
property located at 6804 Bull Valley Road from within the Adams Farm Property. He requested
possible traffic congestion be addressed. He stated for the record he did not request a stub onto
his property.
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John Nelson: Mr. Nelson, representing the Boone Creek Watershed Alliance, stated the Alliance
had met with the Applicant. The Applicant admirably responded to several issues raised by the
Alliance. Mr. Nelson stated the Alliance is looking forward to continue working with the
developer and protecting the watershed and creek.
Chairman Howell closed the Public Comment at 8:50 p.m.
In response to a Commission inquiry, Mr. Gerstad stated there would actually be three property
owner associations:
Master Property Owners Association for all of the subdivision
Property Owners Association for commercial property east of Curran Road
Property Owners Association for duplex units west of Curran Road.
Initially, the developer would be responsible for enforcing subdivision covenants, prior to the
establishment of the property owners associations.
It was noted in order to achieve a unique development layout which approaches a PUD design,
the Commission is willing to bend the rules as far as minimum lot size and front yard building
setbacks. The result is a unique subdivision layout and different design concept plan.
In closing Attorney Diamond noted the developer has been working with the city to develop and
acceptable concept plan for the Adams Property for several years. The developer has listened to
the city and modified his plan according to city directive. He stated the proposed concept plan
adheres to all city issues previously raised regarding this property. He requested the Commission
recommend to the City Council that the zoning and variances requested be granted.
Motion by Nadeau, seconded by Buhrman, to recommend to the City Council with regard to file
no Z-613, an application for zoning map amendment filed by Gerstad Builders for the Adams
Farm Property to classify the property as follows upon annexation to the city:
o Neighborhood 1 – RS-2 Medium Density Single Family Residential;
o Neighborhood 2 – RM-1 Low Density Multi Family Residential;
o Neighborhood 3 – RS-2 Medium Density Single Family Residential;
o Neighborhood 4 – RA-1 Attached Single Family Residential;
o Neighborhood 5 – RS-2 Medium Density Single Family Residential;
o Neighborhood 6 – RS-2 Medium Density Single Family Residential;
o Neighborhood 7 – RS-2 Medium Density Single Family Residential;
o Parcels 7A and 7B – C3 Neighborhood Commercial;
and that Table 33, the Approval Criteria for Zoning Map Amendment, Page 401 of the Zoning
Ordinance, has been met.
Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Cadotte.
Motion carried 6-0.
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Commission Comments on Motion:
Ekstrom: Commended the developer on the design and layout of the concept plan; in favor of C-
3 Commercial and the fact that no service station would be allowed at the Curran Road and Bull
Valley Road intersection.
Chairman Howell: Reemphasized his request that the city include stipulations in the annexation
agreement prohibiting outside storage of recreational vehicles and boats, and preventing the
construction of sheds within the subdivision. He commended the design team on a great concept
plan.
Schepler: Commended the subdivision design noting the neighborhoods have character. He
encouraged the preservation of the Boone Creek Corridor.
Thacker: Commended the developer on willingness for give and take to create a neo-traditional
design. The proposed creative concept should benefit the city as well as the developer.
Motion by Ekstrom, seconded by Thacker, to recommend to the City Council with regard to file
no. Z-613, an application for variances to the development of the Adams Farm Property upon
annexation to the City of McHenry as filed by Gerstad Builders, be granted as follows:
o Lot width from 80 feet to 70 feet for Neighborhoods 1, 3 and 5;
o Lot size from 10,890 square feet to 9,000 square feet for Neighborhoods 1, 3, and
5;
o Front yard building setback from 30 feet to 20 feet for Neighborhood 3 and 5.
and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance,
has been met.
Voting Aye: Buhrman, Ekstrom, Howell, Schepler, Thacker.
Voting Nay: Nadeau.
Not Voting: None.
Abstained: None.
Absent: Cadotte:
Motion carried 5-1.
Commission Comments on Motion:
Nadeau: Is not entirely opposed to the request for lot size in Neighborhoods 1 and 2; however,
Neighborhood 5 should maintain minimum lot size of 10,890 square feet.
Buhrman: Regretfully voted in favor of the motion.
Chairman Howell closed the Public Hearing regarding File No. Z-613 at 9:02 p.m.
Other Business
Planner Martin provided a brief report of recent Council action. He noted a Community
Development Committee Meeting was held on October 13th. Future Commission agenda items
will include a Public Hearing regarding a Child Care Facility, a Senior Housing Development,
and the city’s PUD Ordinance.
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Brief discussion occurred regarding the vacant lots at the Dartmoor Drive stub on the east end of
Park Ridge Estates. Planner Martin advised the city has an option on these lots until 2006. The
lots could be used to extend Dartmoor Drive east over or under the Union Pacific railroad tracks.
Adjournment
Motion by Ekstrom, seconded by Thacker, to adjourn the meeting at 9:10 p.m.
Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Cadotte.
Motion carried 6-0.
Respectfully submitted,
_________________________________
Kathleen M. Kunzer, Deputy Clerk
Planning and Zoning Commission
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City Engineers, Applicants, Landmark Commission Chairman,
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