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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 P&Z Commission 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. P&Z Commission 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. P&Z Commission 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. P&Z Commission 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; P&Z Commission 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, Chicago Tribune, Northwest Herald, Aldermen Conference Room, File Copy.