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Planning and Zoning Commission

Regular Meeting

Geneva, IL · October 10, 2013

AgendaMinutes

Minutes

PLAN COMMISSION MINUTES City of Geneva 109 James Street - City Council Chambers Meeting #1137 – October 10, 2013 Chairman Rogers called the Plan Commission meeting to order at 7:00 p.m. Roll call followed: Present: Commissioners Evans, Erickson, Leidig, Mead, Stocking, Chairman Rogers Absent: Commissioners Case, Stevenson Others Present: Community Development Dir. Dick Untch; Planner David DeGroot; Chicago-area Real Time Court Reporter Joanne Ely; and Recording Secretary Celeste Weilandt Public Present: John Philipchuck and Mark Fields with Prairie Ridge, 603 Diehl Road, Naperville, IL; Julie Simpson, 3612 Ridge Point Dr., Geneva; Tom Whitt, 3604 Ridge Point Dr., Geneva; Phil Parratore, 3707 Ridge Pointe Dr., Geneva; Carol Cummins, 3708 Ridge Pointe Dr., Geneva; Rich Mittman, 3509 Ridge Point Dr., Geneva; Gabriel Fitzman, 638 Shephard Lane, Geneva; Rich MacHraimar, 41W__ Sunset, St. Charles; Bill Zalewski, 9575 Higgins, #200, Rosemont, IL; Tim and Janice Juenke, 2519 Walnut Ave., Geneva; Chris Goalet, 3717 Ridge Point Dr., Geneva; Louise Griestlupo 3711 Ridge Point Dr., Geneva; Jerry Koster, ____, Geneva ________________________________________________________________________________ Approval of the September 26, 2013 Meeting Minutes Minutes of the September 26, 2013 meeting were approved on motion by Commissioner Erickson, seconded by Commissioner Mead. Motion carried by voice vote of 6-0. Public Hearings Chairman Rogers reviewed the protocol for the public hearing and swore in those individuals that would be speaking on this matter. Requests for: 1) an amendment to the City’s Comprehensive Plan to change the land use designation of a portion of the subject property from Commercial: Retail, Service, Office to Single-Family Residential; 2) an amendment to the City’s Comprehensive Plan to change the land use designation of a portion of the subject property from Commercial: Retail, Service Office to Multi-Family Residential; 3) a Zoning Map amendment to rezone a portion of the subject property from the R7 Multi-Family District to the R4 High Density Single-Family Residential District; 4) Amendments to the Fisher Farms Planned Unit Development (granted by Special Use under Ordinance 96-27 and 2005-32 to allow single-family residential uses on a portion of the subject property; 5) Preliminary/Final Planned Unit Development Plan Approval for a 43-lot single-family residential development; and 6) Preliminary/Final Subdivision Approval for a 43-lot single-family residential development. (Applicant; Blue Geneva LLC; Location: Prairie Ridge Townhomes Subdivision (southeast corner of Peck Road & Bricher Road) [See Transcript from Chicago-Area Real Time Reporters] The public hearing was closed on motion by Commissioner Evans, seconded by Commissioner Mead. Roll call: AYE: Erickson, Evans, Leidig, Mead, Stocking, Rogers NAY: None MOTION CARRIED. VOTE: 6-0 Geneva Plan Commission -2- October 10, 2013 Asked if staff needed more time to prepare a response, Dir. Untch summarized that the homeowners association and applicants completed much of the work which he had not seen prior to a public hearing. He acknowledged the concerns about the masonry chimneys, irrigation, and the Cummins property (in relation to the property north of them) and recommended that the commissioners, in forming their recommendation, to mention those points in the motion as a set of conditions tied to the recommendation. Regarding the placement of the new building next to the Cummins property, Dir. Untch explained the commission could discuss that specifically but clarified that the way the current plan was structured, a 20-foot separation distance between the closest townhome building and the closest building proposed by Ryan Homes was the minimum standard in the Prairie Ridge development and that the separation had been met. However, Commissioner Mead pointed out that the conflict between the Cummins property and the new lot would not be the only issue in the development, and that acceptable engineering would have to take place. Additionally, Dir. Untch reminded the commissioners that Mr. Fields said the larger footprints were used on the lots, as worst case scenarios, and that possible engineering could be extended onto the Cummins property to make some alteration or modification. Asked if city engineering reviewed the plans, Dir. Untch indicated the city’s engineering department did not look at the lots in detail. Mr. Fields also stated the lot depth could be restricted or the model size reduced but it would have to be reviewed more closely. Commissioner Mead pointed out that if the existing lot had a prior townhome building planned for it, it would have had the same issues being raised and would have to be reviewed so no negative impact occurred. Commissioner Mead also added that the retaining wall looked as if it encroached upon the Ryan lot somewhat; Dir. Untch concurred, stating a grading plan would be made for each lot. Ms. Cummins voiced concern that the hard landscape was there when she purchased her home and it would not be changed. Dir. Untch, however, stated that the block retaining wall would have to be a condition called out to the engineering staff. Commissioner Mead suggested that if the retaining wall had to be modified, that it be returned in-kind. Commissioner Erickson move to waive the bifurcated process and vote on the matter. Seconded by Commissioner Mead. Motion carried unanimously by voice vote of 6-0. Commissioner Mead moved to approve the request for: 1) an amendment to the City’s Comprehensive Plan to change the land use designation of a portion of the subject property from Commercial: Retail, Service, Office to Single-Family Residential; 2) an amendment to the City’s Comprehensive Plan to change the land use designation of a portion of the subject property from Commercial: Retail, Service Office to Multi-Family Residential; 3) a Zoning Map amendment to rezone a portion of the subject property from the R7 Multi-Family District to the R4 High Density Single-Family Residential District; 4) Amendments to the Fisher Farms Planned Unit Development (granted by Special Use under Ordinance 96-27 and 2005-32 to allow single-family residential uses on a portion of the subject property; 5) Preliminary/Final Planned Unit Development Plan Approval for a 43-lot single-family residential development; and 6) Preliminary/Final Subdivision Approval for a 43-lot single-family residential development, subject to accepting staff’s Finding of Fact, accepting the nine (9) Special Use standards and additional site plan review comments, subject to final engineering approval, and inclusion of the items that were included in the transcript that were agreed upon by the applicant, as a result of the public hearing. Those items included the following: 4-inch trim on the bay windows; decks to match where provided; the chimney design and finish to be worked out to staff’s satisfaction (to the soffit); leave to the association and the developer whether the irrigation extends to the side and rear; and address the drainage and landscape retaining wall concern regarding the Cummins property (Lot 15). Seconded by Commissioner Leidig. Roll call: Geneva Plan Commission -3- October 10, 2013 AYE: Erickson, Evans, Leidig, Mead, Stocking, Rogers NAY: None MOTION CARRIED: VOTE: 6-0 Planned Unit Development Amendments - Request for amendments to the Sterling Manor Planned Unit Development (granted by Special Use under Ordinance 91-30) that would allow Alternative Area IV to be sold and developed as single-family attached dwellings or condominiums. - (Applicant: City of Geneva; Location: Sterling Manor Subdivision (Lewis Road and Heritage Court) [See Transcript from Chicago-Area Real Time Reporters] Commissioner Erickson moved to close the public hearing, seconded by Commissioner Leidig. Motion carried unanimously by voice vote of 6-0. Commissioner Erickson moved to waive the bifurcated process and vote on the matter. Seconded by Commissioner Evans. Motion carried unanimously by voice vote of 6-0. Commissioner Mead moved to approve the request for amendments to the Sterling Manor Planned Unit Development (granted by Special Use under Ordinance 91-30) that would allow Alternative Area IV to be sold and developed as single-family attached dwellings or condominiums, as proposed in staff’s memo. Seconded by Commissioner Leidig. Roll call: AYE: Erickson, Evans, Leidig, Mead, Stocking, Rogers NAY: None MOTION CARRIED: VOTE: 6-0 Zoning Ordinance Text Amendments - Request for text amendments to Section 11-2-2 (Definitions of Words and Terms) of the Zoning Ordinance related to the definition of the term “family.” (Applicant: City of Geneva) [See Transcript from Chicago-Area Real Time Reporters] Commissioner Erickson moved to close the public hearing, seconded by Commissioner Leidig. Motion carried unanimously by voice vote of 6-0. Commissioner Erickson moved to waive the bifurcated process and vote on the matter. Seconded by Commissioner Mead. Motion carried unanimously by voice vote of 6-0. Commissioner Mead moved to approve the request for text amendments to Section 11-2-2 (Definitions of Words and Terms) of the Zoning Ordinance related to the definition of the term “family,” as outlined in staff’s memo. Seconded by Commissioner Leidig. Roll call: AYE: Erickson, Evans, Leidig, Mead, Stocking, Rogers NAY: None MOTION CARRIED: VOTE: 6-0 The following agenda item was deferred to next month: Text Amendments - Request for Amendments to the applicable sections of title 11 (Zoning Ordinance) and Title 12 (Subdivision) of the Geneva City Code related to the consolidation of the Zoning Board of Appeals and Plan Commission, so that the duties and Geneva Plan Commission -4- October 10, 2013 obligations of the Zoning Board of Appeals be carried out by the Plan Commission. (Applicant: City of Geneva) - Deferred to next month. Public Comment - None Other Business Planner DeGroot noted that there will be a October 24th meeting. He asked that commissioners who missed the previous meeting to read through the transcripts and minutes. Adjournment The meeting was adjourned at 9:40 p.m. on motion by Commissioner Evans. Motion carried unanimously by voice vote.

Agenda

Meeting Agenda CITY OF GENEVA PLAN COMMISSION OCTOBER 10, 2013 MEETING #1137 1. Call to Order Location City Hall 2. Roll Call Council Chambers 109 James Street 3. Approval of Minutes: September 26, 2013 Geneva, IL 60134 4. Public Hearings: Time A. Requests for: 1) An amendment to the City’s Comprehensive Plan to change the land use designation of a 7:00 p.m. portion of the subject property from Commercial: Retail, Service, Office to Single-Family Residential; 2) An Commissioners amendment to the City’s Comprehensive Plan to change the land use designation of a portion of the subject property Dave Rogers, Chairman from Commercial: Retail, Service, Office to Multi-Family John Mead Residential; 3) A Zoning Map amendment to rezone a Fred Case portion of the subject property from the R7 Multi-Family Joel Erickson District to the R4 High Density Single-Family Residential Mim Evans District; 4) Amendments to the Fisher Farms Planned Unit Cindy Leidig Development (granted by Special Use under Ordinance 96- 27and 2005-32) to allow single-family residential uses on a Scott Stocking portion of the subject property; 5) Preliminary/Final Ron Stevenson Planned Unit Development Plan Approval for a 43-lot single- family residential development; and 6) Preliminary/Final Staff Liaison Subdivision Approval for a 43-lot single-family residential development. David DeGroot City Planner Applicant: Blue Geneva LLC Phone: (630) 232-0814 Location: Prairie Ridge Townhomes Subdivision (southeast Email: ddegroot@geneva.il.us corner of Peck Road & Bricher Road) B. Planned Unit Development Amendments – Request for amendments to the Sterling Manor Planned Unit Development (granted by Special Use under Ordinance 91- 30) that would allow Alternative Area IV to be sold and developed as single-family attached dwellings or condominiums. Applicant: City of Geneva Location: Sterling Manor Subdivision (Lewis Road & Heritage Court) Plan Commission Agenda Page 2 of 3 October 10, 2013 C. Zoning Ordinance Text Amendments – Request for text amendments to Section 11-2-2 (Definitions of Words and Terms) of the Zoning Ordinance related to the definition of the term “family”. Applicant: City of Geneva D. Text Amendments – Request for amendments to the applicable sections of Title 11 (Zoning Ordinance) and Title 12 (Subdivisions) of the Geneva City Code related to the consolidation of the Zoning Board of Appeals and Plan Commission, so that the duties and obligations of the Zoning Board of Appeals be carried out by the Plan Commission. Applicant: City of Geneva PLEASE NOTE THAT THE PUBLIC HEARING FOR THIS ITEM (4D) HAS BEEN POSTPONED UNTIL THE PLAN COMMISSION MEETING ON NOVEMBER 14, 2013. 5. Public Comment 6. Other Business 7. Adjournment This Plan Commission meeting is being audio tape recorded, transcribed by a court reporter and/or summary minutes are being taken by a recording secretary. The City of Geneva complies with the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting who require accommodations in order to allow them to observe and/or participate in this meeting are requested to contact the Planning Division at 630-232-0818 at least 48 hours in advance of the meeting to allow the City of Geneva to make reasonable accommodations for those persons. Plan Commission Agenda Page 3 of 3 October 10, 2013 PROCEDURE FOR PUBLIC HEARINGS It is the Plan Commission’s job to conduct public hearings in order to receive testimony for and against petitions for general amendments to the zoning ordinance, zoning map amendments, zoning text amendments, special use permits and amendments to special use permits. The procedure followed for public hearings is as follows: • First, the Plan Commission secretary or the designated representative will read or describe written items, reports, and plans into the record. • Second, the petitioner will present testimony in favor of the petition and will present any supporting plans or exhibits. • Third, the Commission members will have an opportunity to question the petitioner. • Fourth, the Commission will then receive citizen testimony both for and against the petition. Questions about the proposal may be directed to the petitioner or petitioner’s witnesses and questions about the Plan Commission process itself may be directed to me. Following such testimony the petitioner and the Plan Commission may ask questions of those who testified. • Finally, the petitioner may provide a rebuttal to any testimony in opposition. When all the testimony is brought into the record the hearing will be closed and the Plan Commission will make a recommendation to the City Council in the form of a motion or motions. • In order to give testimony, you must provide your name and address on the registration sheet located at the entrance of the hearing room and sign in the space provided. By signing the registration sheet, you agree and understand that anything you say will be considered sworn testimony and affirm to tell the truth, the whole truth and nothing but the truth. • When giving testimony please approach the lectern, speak directly into the microphone so that you may be heard. Please begin by stating your name and giving your address. If you speak additional times, please state your name each time for the record. • Please be concise when presenting your testimony and if your point has already been made, it is not necessary to repeat it. Each of these points is recorded and will be considered as the Plan Commission develops findings of fact and a recommendation or recommendations. • You may provide your testimony in written form, but such written testimony must be presented to the Plan Commission secretary or the designated representative prior to the closing of this hearing. • After the process is completed and everyone wishing to present testimony has spoken, the Commission will then decide whether it has heard adequate testimony in order to make a decision. If it has, the public hearing will be closed. After a public hearing is closed the Plan Commission will refrain from receiving any additional testimony either for or against the petition. There is one exception to this rule. • City staff will submit a report based on the testimony presented at the hearing. This report will consider comments or concerns from all City Departments such as the Fire Department, Public Works Department or the Engineering Department.