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VILLAGE of SUGAR GROVE PLANNING COMMISSION/ZONING BOARD of APPEALS MINUTES OF JANUARY 21, 2004 CALL TO ORDER The meeting was called to order by Chairman Irv Ochsenschlager at 7:00 p.m. in the Village Board Room. ROLL CALL Plan Commission/ZBA members present Steve Benesch, Bob Dray, Irv Ochsenschlager, Ryan Reuland, Brian Schiber Ed Saloga arrived at 7:04 p.m. Quorum established. Tom Renk submitted his resignation from the Plan Commission/ZBA, stating he had been appointed Village Trustee at the Village Board meeting the evening before filling a vacancy on the Board. Ochsenschlager accepted his resignation on behalf of the Commission and expressed the Commission's appreciation for his valuable input. The Village Board will begin soliciting for a new Plan Commission/ZBA member in the near future. Also present: Scott Buening, Community Development Director, Brad Sauer, Chief of Police, Anthony Speciale, Director of Public Works, John Houseal, Planning Consultant, Dave Burroughs, Consulting Engineer, Nancy Zak, Recording Secretary MINUTES OF DECEMBER 17, 2003 MEETING SCHIBER MADE A MOTION, SECONDED BY BENESCH, TO APPROVE THE MINUTES OF THE DECEMBER 17, 2003 MEETING MINTUES AS PRESENTED. VOICE VOTE WAS UNANIMOUSLY IN FAVOR. MOTION CARRIED NEW BUSINESS A Walnut Woods PUD Amendment-Decks (Neumann Homes) Ochsenschlager stated Greg Breedlove of Neumann Homes had corresponded with Buening requesting the hearing regarding the PUD amendment for decks be continued to the Plan Commission/ZBA February 18 meeting. The Commission/ZBA was agreeable to the continuance. B. Alternative Futures Presentation (Blackberry Creek Watershed) New Business, Item 6.b. also was taken off the agenda. The presentation regarding the Blackberry Creek Shed alternative futures would be rescheduled.
. Approval of a Preliminary Plat of Subdivision . Approval of an Amendment to the Village Comprehensive Plan to permit the proposed uses Ochsenschlager swore in all those who were giving testimony. Jamie White, Attorney for the Petitioner, took the floor and stated that, since the last meeting, the developer and representatives meet and had discussions with the Sugar Grove Library Board. The Library District is seeking a site to build a new library and requested that the Stillwater group donate land for this library. Which the developer was willing to do, in the form of a four acre site at the corner of Bastian Drive and Municipal Drive (originally designated neighborhood commercial). It is the site the Library Board would like to have. The library's ultimate goal is to have a one-story, 60,000 S.F. facility. The building itself would require three acres, the remainder would be for parking. White went on to say siting the library on this parcel provides a nice feature for the Village, overcomes the objection voiced against commercial being adjacent to residential and satisfies the Comprehensive Plan designation for an institutional use. Susan Kepke, Library District Trustee, told the Commission/ZBA the Library Board was thrilled to be able to get the land she described as an outstanding site to make it possible to build a new library. Utilities and infrastructure will improve the Stillwater library site which would be an advantage for the library over other locations. The library building would be a good fit in that it would be near the public buildings in the area. Stan Anderson, 108 Monna Street, a former Plan Commissioner, stated he was on the Commission when the industrial and business sites were designated. He stated it would be foolish for the Village to give up this industrial/business site to residential. The Village has little industrial property, in particular by the airport, which is growing. The Village must look at this matter in light of the tax issue. 65 to 70% of the citizens tax dollars is being paid to the Kaneland School District. More children will be generated from the Stillwater development not giving taxpayers any relief. The site is a strong industrial base for the Village considering it is in the midst of a railroad, airport and Route 30. He urged the Village not to give it up. Tom Renk, was given the floor and stated he has been active in government for several years. One of the goals is to infill as much as possible as opposed to expanding away from the central core of the Village. He believes the proposed Stillwater development is a good infill project in the Village's core area. He recognized approving the petitioner's requests would change it from industrial use, but he stated the land to the west and northwest of the airport is wide-open space and most of it is targeted as industrial in the Comprehensive Plan. The Comprehensive Plan is about to be reviewed and changes would be made. The subject site would be an acceptable site to build residential for it is adjacent to a residential area. He has had concern regarding the expansion of the airport. He sees approving the Stillwater development as a way to prevent the airport from growing. Barb Maddock, 317 Yolane, rose to speak saying, she had the impression these 200 acres would be the only place industry could go in the Village. She said as you look at the Comprehensive Plan there is plenty of open land for industry, as Renk mentioned. A housing development next to the existing residential would be an asset, as opposed to an industrial park. If people come in and develop heavy industry, all kinds of chemicals would be dumped into the Village's new well. She doesn't want to see a railroad spur come into the property bringing down their property values. Summation White gave a summation, stating two big issues have been the compatibility of the property to the airport and the Village's loss of an industrial site. The airport noise was an issue Rieser, who represented the airport, brought up. The developer had sound studies done and submitted them to the Plan Commission/ZBA. The study concluded the noise levels not to be offensive. He said the FAA has said that, based on the noise level from the airport, residential use is compatible. Another issue was the ponds attracting waterfowl that present a danger to the airplanes. They are taking steps to mitigate the problem by making the ponds long and narrow, with tall grasses planted around them. With regard to compatibility, White stated everyone thinks it a nice plan. The golf course serves as a buffer on three sides, shielding other uses. White went on to say Rieser testified the east-west runway of the airport is used 70% of the time for take-offs and landing. That means the northwest runway would be active 30% of the time and the noise is most offensive when the plane is taking off. So that runway would be even less noisy when the wind is coming from the southeast. That northwest runway would be less of an effect on the Stillwater Development than the east-west runway has on Windsor West, which the Village approved. White said they would not be taking away appreciable industrial land. There are a lot of industrial use sites around Sugar Grove and the airport that can utilize the airport if they chose. There is the Patterman industrial park that is expected to begin development. He thought taking an industrial use away from this site would be a good thing because development with industrial uses would affect the people who have existing homes nearby. The Comprehensive Plan shows two rail spurs coming off into the site and that would turn it into a heavy industrial site. Gary Weber, land planner and landscape architect, a design team member of the Stillwater project, talked about the changes made to the plans responding to the comments made by staff and the Commission since the last hearing session. A change was made on Snow Street. Originally it turned and went south. It has been extended all the way through to Municipal Drive to make a complete through street. The cul-de-sacs have been changed to a teardrop design. Bastian Drive also has been changed. It now comes all the way through and connects to the single-family homes down Stillwater Drive. The plan now has a 250' wide right-of-way at the bridge location that would taper down as it meets Maple Street. Also off-street parking is now provided in several locations in the townhome and villa site. Some revisions have been made with the park plan. Originally the park was shown adjacent to existing Keck Park. After meeting with Pritchard and Clayton of the Park District, it was decided a large, centrally located park would be better. A park that would have greenway connections to the north and south to the golf course. They will continue working with the Park District developing recreation plans for the park sites. A spray park is being considered and some senior uses. Weber concluded they would continue to be responsive to staff comments. White then pointed out what they felt the benefits of the Stillwater Development would be for the Village. They would provide a bridge improvement contribution, Municipal Drive would be extended, a contribution would be made towards a stoplight on Route 30 and Municipal Drive, they would eliminate the Patricia Street lift station and put in a new lift station that will eliminate sewage backup in some of the basements in town and several other items of improvement that were pointed out throughout the plan. He stated it was a wonderful plan and asked that the Plan Commission/ZBA forward it on to the Village Board with a recommendation of approval. Staff, Plan Commission/ZBA comments and questions: Buening reiterated there had been some conversation and testimony regarding the industrial properties that are available. He had supplied an exhibit to the Commission that gave evidence that, although the Zoning Map looks as if there are a lot of properties that are zoned and designated for industrial uses, in reality industrial sites are very limited. Many of the properties are either owned by the airport, are unbuildable, committed or don't have utilities. There are very few sites that are equivalent to the site in question with proximity to utilities, roadways, and rail. Many of the sites shown on the Zoning Map should be discounted because they aren't viable industrial sites at this point n time. Buening went on to address the donation of a site for a library. Staff was not made aware of the library proposal, so Staff could not at this time comment whether or not that would be an adequate site. If it were to be used as a library site, that would be removing more tax generating land from the Village. The developer keeps shifting things in the plans. The Commission is to vote on a specific plan as opposed to plans continually changing through the process. Kepke said if the library moves to this new site, the old site will be put back on the tax rolls. They would not keep both properties. Renk took the floor to once more speak to the availability of industrial land. He said currently on the land use plan there are industrial sites colored purple that go up to Dugan Grove. The Village has negotiated boundary agreements to the north, east and south, but not to the west as yet. If the Village were expanded to the west, annexing property, that land would be ideal for industrial uses. Even for the present time, there is considerable industrial space available to the Village. JoAnn Dorant, 356 Bastian Road, questioned what guarantee is there that the library will be built on that site. What if something falls through, would it then be developed as commercial? Could the use not be changed to residential? White stated if the library doesn't materialize, the developer still thinks it's a viable commercial site. With no further comments or questions, Ochsenschlager closed the public hearing at 7:37 p.m. Plan Commission/ZBA Action on Stillwater Development Ochsenschlager solicited the Commissioners' comments and questions. Benesch asked Buening what are permitted M-1 uses? Is it everything that's a special use in M-1? Buening responded there are certain uses that are permitted. However anyone submitting a proposal for the land would have to apply for the required PUD because of the size requirements in the Zoning Ordinance necessitating going through the planned development process before building. Residents already living there could then be protected, Benesch asked. Buening said absolutely. Benesch said he liked the plan, however not on this property. He has been consistent in voting against everything that's been under the flight path of the airport and he did not want to give up possible industrial land.
Saloga said he has seesawed back and forth on the proposed project. He does like the plan, but thinks it's on the wrong property. He does not want the Village to give up the industrial tax base. Not that he didn't think residential development at a certain price level would pay for itself, but to achieve that point the price of the homes would have to be in the $500,000. price range. For a home on a 10,000 S.F. lot, with railroad, airport and Route 30 traffic he thought it would be a tough sell for potential homebuyers. Schiber stated he wasn't opposed to changing the Comprehensive Plan for the Stillwater project. He was involved with trying to get industrial to come to the site, but it didn't work. He said, however, he was disappointed the developer did not try to address comments made from previous testimony. He would have preferred the townhouse units to be pushed away from the existing single-family homes on Snow and Maple and more off-street parking. He would support the plan with minor revisions. He also thought the site proposed to be donated to the library was a good location. A municipal campus atmosphere would be created. It would also be a good entryway into the community. White responded it was more consistent to have ranch units next to ranch single story. Schiber expressed surprise that the Park District would give up the land and trade it for the site in the middle. White said the Park District needed more cash than land at this time. Benesch questioned if the Village would have any liability risk if the FAA decides there is a problem with the lakes? Buening responded he could not answer that. A legal opinion would have to be gotten from the Village attorney. The Village has a tort immunity that would insulate it from that. However, it doesn't prevent anyone from filing a lawsuit. At this point in time Ochsenschlager said he would entertain a motion for recommendation.
Further discussion took place as to the process the Plan Commission/ZBA's action should follow. Houseal stated the first step in action should be a recommendation dealing with the request to amend the Village Comprehensive Plan. If the recommendation is to approve the amendment to the Comprehensive Plan, the plan would have to come back to the Commission to resolve open issues. Should the recommendation be not to approve the amendment, there would be nothing to bring back. It would be a moot point. SCHIBER MADE A MOTION TO RECOMMEND TO THE VILLAGE BOARD APPROVAL OF THE REQUEST TO AMEND THE SUGAR GROVE COMPREHENSIVE PLAN FOR THE SITE OF THE PROPOSED STILLWATER DEVELOPMENT, CHANGING IT FROM ITS CURRENT DESIGNATION OF M -1 LIMITED MANUFACTURING TO R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT, B-2 GENERAL BUSINESS DISTRICT AND B-3 REGIONAL BUSINESS DISTRICT. REULAND SECONDED THE MOTION. Discussion on the motion: Saloga indicated he would vote in support of the amendment if the change in zoning were proven to be of equal or exceeded tax value as M-1. Houseal stated there were some assumptions the developer made on the tax analysis that were incorrect in terms of the amount of land that was designated for right-of-way and road construction. A residential development requires more road, right-of-way surfacing than industrial. In addition, if the park site comes off and the four-acre commercial site comes off for the library it would not be as beneficial. It would be more economically advantageous to the Village to build out the site as industrial. Dray stated the number of children the development would feed into the school district system is an unknown number. The school district spends $6,500. Per child per year. If two children were in each home, that would be $13,000. per year per home. The industrial use would bring up the tax base for the school district. ROLL CALL VOTE ON THE MOTION: AYES: SALOGA, REULAND, SCHIBER NAYS: DRAY, BENESCH, OCHSENSCHLAGER THE MOTION DIED FOR LACK OF ENOUGH VOTES TO CARRY IT FORWARD. Again, discussion ensued regarding the action that should now take place given the above motion died. The Plan Commission/ZBA should send a recommendation encompassing the other requests petitioned for by the developer should the Village Board approve amending the comprehensive plan. OCHSENSCHLAGER MADE A MOTION TO RECOMMEND TO THE VILLAGE BOARD: APPROVAL OF REZONING OF THE SUBJECT PROPERTY FROM THE M-1 ZONING TO THE REQUESTED R-3, B-2 AND B-3; APPROVAL OF THE SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT AND APPROVAL OF THE PRELIMINARY PLAT OF SUBDIVISION DRAWN BY GARY R. WEBER ASSOCIATES, INC., DATED 6/19/03, LAST REVISED 1/8/04 AS PRESENTED ROLL CALL VOTE ON THE MOTION: AYES: NONE NAYS: SALOGA, REULAND, DRAY, SCHIBER, BENESCH, OCHSENSCHLAGER MOTION TO RECOMMEND APPROVAL OF PROPOSAL AS PRESENTED DENIED. No further motion was forthcoming. Buening stated he would develop findings of fact regarding the no vote for presentation and ramification at the February Plan Commission/ZBA meeting. The draft will be circulated to the Commission members prior to the next meeting for possible further input. OLD BUSINESS Subdivision Ordinance Changes (continued from last meeting) Two Village Staff members, Speciale and Burroughs, engineering consultant were present to explain or answer questions regarding the proposed changes to the Subdivision Ordinance. The Commission was given a listing of the proposed amendments prior to the last meeting, and after reviewing the items singled out two items for further clarification: Street width requirements: The proposal is to require the width of minor residential street standards to be 32' from back of curb to back of curbs. It would be a change from 28' to 32'. The reason for the change is to allow for parking on both sides of the roadway with a passing lane as part of any residential development that would be proposed. Windsor West was allowed to construct 28' streets and there is concern that width is not working. Saloga and Schiber were opposed to widening the streets. Benesch stated he has always been in favor of wider streets, but he is not in favor of allowing parking on both sides of the street. Reuland too was not in favor of parking on both sides. The question arose as to how it was determined which side of the street parking would be allowed. Buening said the parking is allowed opposite fire hydrants. Chief Sauer stated the 28' streets have been problematic, particularly during the construction phase. His department was fielding numerous complaints on a daily basis about parking in Windsor West. He suggested home buyers be told early in the buying process which side of the street parking will be on in relation to the home in which they are interested. Buening suggested the parking signs be put in place earlier in the construction phase. At present the signs are installed after the project has been completed. The pros and cons of one side versus two-side parking were discussed. Parking on both sides cuts off drivers' visibility of people and children running out between parked cars. When parking is allowed on both sides, it's difficult for emergency vehicles to come through. Street Lights: Discussion regarding the amendment related to streetlight took place. Speciale and Burroughs explained the change only reflects updating the manufacturing numbers on the light standards now used by the Village. There will be some flexibility in the type of light standards allowed should a developer propose a different light standard. The Village Board, working with the Public Works Director, would have to consider these special requests. Thought is being given to adopting decorative light standards for certain areas in the Village. The concern of staff is any proliferation of light standard types would involve maintenance costs and stocking different types of lighting fixtures and bulbs. Speciale added there is a concern about availability of repair replacement parts, viability of the company or the suppliers. Another issue is the type of materials the pole will be made of. Some can create a maintenance issue, such as needing periodic repainting. Benesch asked if the regulations regarding barrier curbs would require the developer to put curbs in and tear out pieces of curb and just put a driveway in? Buening said yes, a saw cut would be required. With no further discussion a motion was in order. BENESCH MADE A MOTION TO APPROVE THE PROPOSED CHANGES TO THE SUBDIVISION ORDINANCE AS DETAILED IN THE STAFF MEMO DATED DECEMBER 1, 2003, OTHER THAN THE STREET WIDTH ISSUE. SCHIBER SECONDED THE MOTION. ROLL CALL VOTE ON THE MOTION: AYES: SALOGA, REULAND, DRAY, BENESCH, OCHSENSCHLAGER, SCHIBER NAYS: NONE MOTION CARRIED. Note: The changes to the Subdivision Ordinance referenced in the above motion are as follows:
3 -1/2%
Section 12-5-3-Q and 12-11-20-U: Table of Minimum Standards:
Section 12-6-9 Sidewalks: Add "and Trails" to title, Number existing paragraph as "A." and add new paragraph "B. Trails shall be installed at locations designated by the Village Board. Trails shall be at least ten (10) feet in width and constructed according to specifications in 12-11-20-W." Section 12-7-3-2 (Park) Facilities and Activities: Add the following paragraph: "All parks and park equipment or facilities shall be constructed by the subdivider or developer at no cost to the Village.Subdivider or developer shall also maintain said facilities until they are accepted by the Village or park District. The following facilities may be required to be constructed as part of the development approval process." Section 12-11-2-2-C-1: delete word "mountable" and add after "gutter" "Type B-6.12 modified". Section 12-11-2-2D: Add "and Major" between Collector and Residential. Section 12-11-4: Add "and Trails" after Sidewalks; add "12-11-4-1 SIDEWALKS" as a new title. Section 12-11-4-2 TRAILS (new): Add the following text: 'TRAILS: All multi-use trails shall be constructed in accordance with the following: A. Base: The base shall be six (6) inch aggregate base Type B (CA-6) on compacted subgrade. Geotextile fabric/Slipac 4NP shall be installed under the base if required by the Village Engineer. B. Specifications: Trails shall be ten (10) feet wide minimum, with 2" of bituminous concrete surface course, Class I Mix D, with a 2% minimum cross slope. C. Handicapped Access Ramps: Handicapped access ramps shall be provided at all intersection in accordance with the latest IDOT standards. Section 12-11-14-D Street Signs; Specifications: Delete and replace with the following: "All street signs shall conform to Exhibit 12-11-20-AB and the following specifications: Section 12-11-14-D-3 Mounting: Delete last part of sentence and replace with the following: "… mounted to streetlight poles utilizing stainless steel hardware or street poles as in Exhibit 12-11-20-AB." Section 12-11-14-D-6 Lettering: Delete and replace with the following: "Lettering shall be as shown on Exhibit 12-11-20-AB." Section 12-11-17-B-14 Street Light Standard and Bracket: First part of second
sentence shall read as follows: "Luminaire shall be mounted Section 12-11-20-B: Delete mountable Concrete Curb and Gutter part of this exhibit. 16. Add attached Exhibits 12-11-20-W Typical Trail Section, 12-11-20-X Boulevard Roadway Section, 12-11-20-Y Arterial Street Standard, 12-11-20-Z Cul-de-sac Standard, 12-11-20-AA Offset (Eccentric) cul-de-sac standard, and 12-11-20-AB Street Sign Standards. Exhibit 12-11-20-Q Street Lights shall have the attached street light detail added.
PLAN COMMISSIONER COMMENTS, PROJECT UPDATES AND MISCELLANEOUS INFORMATION A. R-2 Text Amendment Buening reported that the Village Board had approved the text amendment to increase the lot coverage from 35% to 45%.
A Smart Growth Workshop is planned for Wednesday, February 4th. It will be held at the Bliss Creek Golf Club and is sponsored by Kane County. There is no fee and a meal will be served prior to the workshop. It will present some different programming than the workshop conducted last year. More information will be provided to Commissioners by e-mail.
The trip to Maryland by jet to view a development similar to the one Kimball Hill is proposing for Sugar Grove is scheduled for February 6. Space is limited. More details will come for those interested in going. Seating space must also be allocated for the general public.
Buening told the Commission future meetings are expected to have very full agendas. Issues coming up are a commercial development, a variance for signs; a replatting of a PUD, a variance for residential set back and the Jewel Osco will be requesting another continuance. After discussion, it was decided to schedule the February meeting to start at 6:00 p.m. ADJOURNMENT SCHIBER MADE A MOTION, SECONDED BY BENESCH TO ADJOURN THE MEETING. BY VOICE VOTE UNANIMOUSLY IN FAVOR THE MOTION CARRIED. THE MEETING WAS ADJOURNED AT 8:43 p.m. Respectfully submitted, Nancy Zak Recording Secretary |
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