HomeMy WebLinkAboutMinutes - 12/09/2004 - Planning and Zoning CommissionMinutes of the City of McHenry
PLANNING AND ZONING COMMISSION
December 9, 2004
The December 9, 2004 Special 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, Cadotte, Ekstrom,
Howell, Nadeau, Schepler, Thacker. Absent: None. Also in attendance: Planner Martin, Deputy
Clerk Kunzer, Attorney Kelly Cahill.
Public Hearing – Cunat Inc.
File No. Z-628
SE Corner of Bull Valley Road and Crystal Lake Road
Chairman Howell at 7:30 p.m. called to order the recessed Public Hearing regarding a request for
Zoning Map Amendment and Variances for the southeast corner of the intersection of Bull
Valley Road and Crystal Lake Road, as submitted by Cunat Inc. The applicant is requesting the
following:
1. Zoning Map Amendment from BP Business Park District to:
a. RS-3 Medium High Density Single Family Residential District; and
b. RM-2 High Density Multi-Family Residential District;
2. Variances for:
a. Lot width;
b. Multiple buildings on each platted zoning lot for 207 townhomes in fifty
buildings;
c. Other variances as required to allow the development as set forth on the concept
plan.
In attendance were Brian Cunat principal of Cunat Inc., Christopher Zock, Vice President in
charge of operations, and Attorney Mark Saladin of Zanck Militello, and Coen. Chairman
Howell reminded the Petitioners they were already sworn in at the initiation of the Public
Hearing on November 18, 2004.
Mr. Cunat stated the applicants have met with Staff on several occasions to address and resolve
concerns expressed by the commissioners at the November 18, 2004 Public Hearing regarding
this matter. He noted pursuant to specific concerns raised regarding the single-family lots, all lots
have been realigned to comply with the RS-2 Residential Zoning District regulations and bulk
area requirements.
Mr. Zock went over the major issues previously raised by the commissioners and how they have
been addressed by the Applicants in conjunction with Staff’s recommendation:
1. Open Space: The amount of open space designated on the revised plan is 38.6 acres
which computes to 38.1%. The proposed open space is in excess of that required by the
City’s Comprehensive Plan.
2. Traffic Study: Calculations were completed pursuant to Independent Standard Guidelines
for age-restricted housing developments. Using those standards, the traffic engineer
stated the proposed housing development would not negatively impact the intersection of
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December 9, 2004
Page 2
Bull Valley Road and Crystal Lake Road. There would be no discernible impact on Bull
Valley Road traffic.
3. RS-2 District Requirements: The applicants have reconfigured the single-family portion
of the project to comply with RS-2 bulk area requirements. As a result, the amount of
land donated to Church of Holy Apostles has been reduced. Additionally, the proposed
density for the single-family portion of the development has been reduced.
4. Fencing: The applicants have agreed to initiate a “no fencing permitted” policy within the
entire development which will be included in language incorporated in the covenants and
on the recorded plats.
5. Density: The density in the townhome portion of the plan has been reduced by removing
the fifth unit from all previously proposed 5-unit buildings.
6. Internal Roads: The “collector” road (indicated in tan on the concept plan with a revision
date of 11/29/04) within the Townhome portion of the development will be designated as
a public roadway, dedicated to the City of McHenry. The private drives indicated in gray
on the concept plan with a revision date of 11/29/04 will be constructed according to City
specifications, including width, but will be private and not dedicated to the City. The
private road maintenance will be paid for through the implementation of a Special
Service Area for the subdivision homeowners’ association. By preserving the private road
status, the association will be able to reduce roadway speed limits, enforce parking along
roadways, and provide better private use, i.e. block party closures.
7. Perimeter Project Buffering: The previously indicated 20’ buffer is still shown, but the
applicants have also shown a 10’ landscape easement on all single-family lots abutting
the external perimeter of the development. This provides a total buffer of 30’ along
Crystal Lake Road.
8. Drainage: The applicants’ engineer will assure the construction of public improvements
for surface water run-off will be completed according to good engineering practices. The
project will conform to all City codes and requirements.
9. Impact on Fire, Police and Medical Services: Many of the residents of the proposed age-
restricted community will move from other locations within the City. The project is in
good proximity to Centegra Hospital. The project also is being located close to property
recently purchased and proposed for a future fire house adjacent to the Union Pacific
Railroad tracks.
10. Enforcement of Age-Restrictive Community: It was noted in order to be compliant with
federal age-restrictive projects, by law a minimum of 80% of the dwelling units must
have a 55 age or older occupant. The applicants are proposing that 100% of title holders
will have at least one person who is 55 or older. This language will be included in the
covenants as well as stated on the recorded final plats of subdivision.
City Planner Martin provided the Commission with a Staff Report regarding the revisions to the
project. He reminded the commissioners Staff had previously expressed concern regarding the
following:
1. Density
2. Buffering
3. Amount of usable open space
4. Off-street parking provided for the townhome/duplex area.
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December 9, 2004
Page 3
Planner Martin stated for the most part, the proposed changes are seen as enhancements to the
development.
1. The amenities proposed are appropriate for the targeted age group.
2. Increasing the width of the private roads will help to address guest parking issues.
3. Overall density has been reduced.
Density
The proposed density falls within the Medium-Density Residential category (4 to 9 dwelling
units per acre) of the Comprehensive Plan. Properties to the south and west of this site are also
designated as Medium Density Residential. The property to the north is designated as High
Density Residential and Industrial. Therefore, the proposed density is compatible with what the
City envisions for the surrounding areas. Staff’s main concern was with the density of the
townhome portion of the development and the number of townhomes approved but not yet built
in the City. After reviewing the applicants’ townhome plans, staff believes that this product with
the options offered, will not appeal to as broad an audience as a typical townhome. The
proposed townhomes are smaller and have unique features which distinguish this townhome
development from others in the City.
Staff believes that 9,000 square foot lots are appropriate for the single-family detached portion of
the development. The seniors looking to move into this community will be downsizing and do
not want the burden of maintaining a larger yard. By requiring a larger minimum lot size, one of
the incentives for seniors wanting to locate in this community will be removed.
Traffic Impact Analysis
Traffic impacts were identified as a major concern. Staff contacted the City Engineer about the
Commission’s concern regarding the traffic impact of the proposed development. The City
Engineer confirmed that the traffic study does take into consideration that the some of the people
who may live in the proposed community will work.
Development Agreement
Since there will be no annexation agreement but there are several development issues which
much be addressed, Staff has recommended that the City and the Developer enter into a
Development Agreement.
By requiring a Development Agreement as a condition of approval, many of the miscellaneous
concerns that the Planning and Zoning Commission has, such as, road improvements,
architectural controls, and age-restrictions for ownership, will be addressed.
Planner Martin stated the Commission should focus on the requested actions for this proposal:
zoning map amendment and variances. The Commission should also review the associated
approval criteria for these actions. He noted storm water management and other technical
concerns associated with this development will be dealt with in more detail, if this application is
approved, during preliminary and final platting.
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December 9, 2004
Page 4
Planner Martin stated the developer has addressed Staff’s concerns and has met the criteria
established in Table 33 of the Zoning Ordinance. It is Staff’s recommendation to approve the
Zoning Map Amendment from BP, Business Park to RS-3, Medium-High Density Single-Family
Residential and RM-2, High-Density Multi-Family Residential. Further, Staff recommends
approval of Variances for lot width and multiple buildings on a zoning lot for the townhome
portion of the development subject to the conditions listed in the Staff Report.
Chairman Howell invited questions and/or comments from the commissioners.
In response to an inquiry, Mr. Cunat stated the rose garden would be planted if the proposed plan
is accepted by the City. Referencing the “no fencing” policy, inquiry was made regarding the
developer’s policy regarding sheds and pools/hot tubs. Mr. Cunat responded stating the
developer would accept Staff’s recommendation regarding these issues.
Some discussion occurred regarding the proposed access point to the property to the north from
the townhome portion of the development. Mr. Cunat stated there are no assurances the vacant
parcel to the north will be developed any time in the near future. However, it was Staff’s
recommendation to allow for a future connection to Bull Valley Road through that property. It is
Staff’s intent to ultimately connect the townhome portion of the development to Bull Valley
Road directly across from the proposed PRDC assisted living facility entrance. Mr. Cunat also
stated he has been approached by Staff to provide a financial contribution toward the future
improvements, i.e. eventual traffic signalization, of that proposed intersection.
Inquiry was made as to the reason for the stubbed future access point to the south of the
townhome portion of the project. Mr. Cunat noted as the proposed West McHenry Bypass is
routed south of the subject property, the access is being provided to the property to the south.
However, the access roadway would most likely underpass or overpass the West McHenry
Bypass.
Responding to a question regarding the cost for maintenance of the detention areas and open
space, Mr. Cunat responded a Special Service Area would be implemented to assure that the City
will not be financially burdened with maintenance of these areas.
Further discussion followed regarding the enforcement of the age-restricted community. Mr.
Zock confirmed the age restriction will be enforced on the property title as well as included in
the covenants and in language stated on the recorded final plats. Mr. Cunat stated at least one
occupant of each dwelling unit must be 55 or older. Noting the dwelling units will be two
bedrooms or less, Mr. Cunat stated the proposed age-restricted community will not be conducive
to adult children (particularly those separated, divorced or widowed, and having children of their
own) moving in with their parents. The number of occupants per dwelling unit will be regulated
by the number of bedrooms in the unit. Discussion continued. Responding to an inquiry, Mr.
Cunat stated if the occupant who is 55 or older dies, and the remaining occupant is not 55 or
older, the remaining owner would have to sell the dwelling. The covenants would assure the age
restriction on all owners/occupants, not strictly the owners who purchase a new unit. Any and all
owners would be restricted by the covenants and plat language.
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December 9, 2004
Page 5
Question was raised as to a possible path to the Church of Holy Apostles Adoration Chapel from
the development. Mr. Cunat stated the developers are open to a path, but could not dictate what
is constructed on the Church’s property.
Regarding further inquiries regarding the enforcement of the age-restrictive community,
Attorney Saladin stated there would be three mechanisms in place to assure enforcement:
1. Covenants and restrictions;
2. Deed restrictions stating the 55 and over will follow through on the chain of title;
3. Federal guidelines require surveys every two years to assure compliance with restrictions
of the covenants.
Some discussion followed regarding items which should be incorporated into a Development
Agreement. It was suggested the agreement should include the developers’ cost share of
intersection improvements along Bull Valley Road, as well as any improvements required along
Bull Valley Road, and traffic signalization required as a result of this development.
In response to Chairman Howell’s inquiry, there were no questions and/or comments from the
audience.
Motion by Cadotte, seconded by Buhrman, regarding File No. Z-628, a request for:
Zoning Map Amendment from BP Business Park District to:
a. RS-3 Medium High Density Single Family Residential District; and
b. RM-2 High Density Multi-Family Residential District;
as requested in an application filed by Cunat Inc. for the property located at the southeast corner
of the intersection of Crystal Lake Road and Bull Valley Road, that the request be granted; and
that Table 33, the Approval Criteria for Zoning Map Amendments, Page 401 of the Zoning
Ordinance, has been met.
Voting Aye: Buhrman, Cadotte, Howell, Nadeau, Schepler, Thacker.
Voting Nay: Ekstrom.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 6-1.
Comments by Commission:
Ekstrom: Not convinced the subject property should be reclassified to residential. Would
prefer it remain zoned Business Park;
Thacker: Reluctantly voted aye.
Motion by Cadotte, seconded by Buhrman, regarding File No. Z-628, a request for:
Variances for:
a. Lot width;
b. Multiple buildings on each platted zoning lot for 207 townhomes in fifty
buildings;
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December 9, 2004
Page 6
c. Other variances as are required to allow the development as set forth on
the concept plan.
as requested in an application filed by Cunat Inc. for the property located at the southeast corner
of the intersection of Crystal Lake Road and Bull Valley Road, that the request be granted
subject to the following conditions:
1. The subject property must be developed in substantial conformance with the concept plan
prepared by Teska dated October 15, 2004 and bearing a latest revision date of November
29, 2004;
2. The applicant must enter into a Development Agreement with the City in order to address
issues including but not limited to: road improvements, contribution for a traffic signal at
Bull Valley Road and the proposed collector roadway, architectural controls, and age
restriction;
3. That a deed restriction be recorded against each property within the proposed
development regarding the age restriction limiting ownership to those 55 and older;
and that Table 32, the Approval Criteria for Variances, Pages 377-378 of the Zoning Ordinance,
has been met.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: Ekstrom.
Not Voting: None.
Abstaining: None.
Absent: None.
Motion carried 6-1.
The Public Hearing was recessed by Chairman Howell at 8:29 p.m.
Adjournment
Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:29 p.m.
Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: None.
Motion carried 7-0.
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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