Planning and Zoning Commission

PLAN COMMISSION MINUTES City of Geneva 109 James Street - City Council Chambers Meeting #1161 – January 14, 2016 Chairman Rogers called the Plan Commission meeting to order at 7:00 p.m. Roll call followed: Present: Commissioners Case, Leidig, Mead, Stevenson, Stocking, Chairman Rogers Absent: Commissioners Dziadus and Evans Others Present: Community Development Dir. Dave DeGroot and Planner Paul Evans; Recording Secretary Celeste Weilandt Public Present: Mr. Dan Venard with David Weekley Homes; Mr. Abraham Steinberg, 620 Forest View Dr., Geneva; Mr. Michael Hannigan, Konicek & Dillon, 21 W. State Street _________________________________________________________________________________ Chairman Rogers apologized for not mentioning at the last meeting that Commissioner Erickson resigned. He thanked him for his fine work and the expertise he brought to the Plan Commission. Approval of the December 10, 2015 Meeting Minutes – Motion by Commissioner Mead, seconded by Commissioner Stevenson to approve the December 10, 2015 minutes. Motion carried by voice vote of 6-0. Approval of the December 17, 2015 Meeting Minutes – Motion by Commissioner Mead seconded by Commissioner Leidig to approve the December 17, 2015 minutes. Motion carried by voice vote of 6-0. Review & Recommendation Session (Public Hearing held and closed on 12/10/2015): 4.A. Riverbank of Geneva – Request for (1) an amendment to the City’s adopted Comprehensive Plan to change the future land use designation of a portion of the property from “Single-Family Residential” to “Multi-family Residential”; (2) a Zoning Map Amendment to rezone a portion of the property from the I1 Light Industrial District to the R7 Multiple- Family Residential District; (3) an amendment to the Riverbank Subdivision/Planned Unit Development (Ordinance 2003-52); (4) Preliminary/Final Planned Unit Development approval of a 41-unit townhome development; and (5) Preliminary/Final Subdivision Approval of a 41-unit townhome development. Location: west side of S. Batavia Ave., approx. 300 south of Forest View Drive. Applicant: Dan Venard with David Weekley Homes. Chairman Rogers reminded the commissioners and public that this hearing was closed at the last meeting and public testimony would not be taken at this time; only changes to the plan by the developer or staff. Dir. DeGroot reviewed the comments and/or concerns raised at the December 10, 2015 public hearing. Addressed were the following items: 1) Connection at the northwest corner of the site. The connection will become a T- intersection controlled with a stop sign on each of the roadways. 2) Stormwater management and concerns of ponding near Building 7 and nearby neighbors. Per Dir. DeGroot, Public Works is working to ensure that stormwater is being directed away from the properties. Preliminary engineering has been approved by WBK & Associates and stormwater will be temporarily detained in the underground facility and then released to a detention pond at the Geneva Plan Commission -2- January 14, 2016 southeast corner, eventually discharging into the Fox River. Limited options exist on-site to capture detention. Staff believes the current water issues on-site will be improved. Public Works is also considering the drainage management of the nearby industrial site. 3) Open space – The views for the existing landmark and the views from the landmark will be preserved. The new townhomes will be kept away from Route 31, thereby creating a nice landscaped entrance to the development. 4) Density – While the site is zoned for R-7 Residential zoning and could potentially have 80 units, instead, the development has been reduced to 41 units. 5) Height – The proposed height for the townhomes is 32 feet, 8-inches, which is below the maximum allowed 35 feet. 6) Loss of privacy for the private homes – Because the area has been undeveloped for some time, there will be a loss of privacy to the neighbors. However, there will be no rear balconies on the proposed units, just first floor patios. Heavy perimeter landscaping will planted around the site. 7) Site layout - While the City has tried various layouts for the site, the City agrees the site is very limited to design layouts; however, the buildings will have facade variation. Regarding the original 10 items of relief being requested by the developer and the lack of amenities being offered, the developer has decided to amend its plan and incorporate a landscaped seating area, with gazebo, along Riverbank Drive, and create a community open space between Buildings 7 and 8 with much landscaping. Renderings followed. Director DeGroot proceeded to review the original 10 variations that were requested for the proposal, noting that 3 of them were removed. A review of those remaining 7 relief modifications followed in more detail. Dir. DeGroot then announced that he recently spoke with the applicant whom has agreed to add an 8th condition to the proposal: Building 5 shall be limited to 4 units and shall comply with the required street yard setback of 20 feet, thus creating a 40-unit proposal. [Also, with the elimination of the northern-most unit, DeGroot said he could review the radius for emergency vehicles during the final engineering stage.] No further questions for the applicant followed. Commissioner Mead appreciated the developer working with staff and taking the public’s comments in consideration. Commissioner Leidig appreciated the engineering department reviewing the plans and addressing the water issues on the site with additional modifications. Commissioner Mead made a motion to vote on the petition tonight, seconded by Commissioner Stevenson. Motion carried unanimously by voice vote of 6-0. Motion by Commissioner Mead, seconded by Commission Case to approve an amendment to the City’s adopted Comprehensive Plan to change the future land use designation for Area 1 from “Single-Family Residential” to “Multi-Family Residential,” subject to staff’s finding of fact in its report. Roll call: Aye: Case, Leidig, Mead, Stevenson, Stocking, Rogers Nay: None MOTION CARRIED. VOTE: 6-0 Motion by Commissioner Mead, seconded by Commissioner Leidig to approve a Zoning Map Amendment to rezone Area 1 from the I1 Light Industrial District to the R7 Multiple-Family Residential District, subject to the findings of fact in staff’s report. Roll call: Geneva Plan Commission -3- January 14, 2016 Aye: Case, Leidig, Mead, Stevenson, Stocking, Rogers Nay: None MOTION CARRIED. VOTE: 6-0 Motion by Commissioner Mead, seconded by Commissioner Leidig, to approve an amendment to the Riverbank Subdivision and Planned Unit Development (Area 2) to remove Area 1, including an amended final plat of planned unit development/subdivision, subject to the findings of fact in staff’s report. Roll call: Aye: Case, Leidig, Mead, Stevenson, Stocking, Rogers Nay: None MOTION CARRIED. VOTE: 6-0 Motion by Commissioner Mead, seconded by Commissioner Leidig, to approve Preliminary/ final planned unit development and plat of subdivision, subject to the following conditions: a) The applicant will establish a backup Special Service Area for the maintenance of the stormwater basin, retaining walls, rear yard storm sewer system, private roads, landscaping and open space; b) Prior to permit issuance by the City, the applicant will secure approval from the Illinois Department of Transportation for their access to S. Batavia Avenue; c) Final engineering approval shall be required prior to building permit issuance by the City; d) The private roadway currently servicing Riverbank Laboratories shall be discontinued upon completion and acceptance of the public right-of-way; e) All truck traffic entering or exiting the industrial property shall be required to exit onto South Batavia Avenue; f) The applicant shall make a cash contribution to the School District in the amount of $54,130.26; g) The applicant shall make a cash contribution to the Park District in the amount of $168,498.00; and h) The maximum number of units for Building 5 is 4 units and Building 5 shall meet the required 20 foot street setback requirement. Approval of the following items of requested zoning and subdivision relief: 1) A transition yard setback of 15 feet instead of the required 25 feet along the east property line; 2) A deviation from the transition yard landscaping requirements for the east property line to allow a solid fence in lieu of shade trees; 3) A minimum lot frontage of 52 feet for Lot 3 when 75 feet is required; 4) A minimum right-of-way width of 60 feet instead of the required 66 feet for the portion of the right-of-way connecting to Meadows Road; 5) A minimum centerline radius of 60 feet when 150 feet is required; 6) A minimum street yard setback of 15 feet instead of the required 20 feet for Buildings 6 through 8; and 7) A minimum side yard setback of 7.5 feet instead of the required 9.5 feet between buildings. Roll call: Aye: Case, Leidig, Mead, Stevenson, Stocking, Rogers Nay: None MOTION CARRIED. VOTE: 6-0 Geneva Plan Commission -4- January 14, 2016 Other Business Planner Evans reported that the next Plan Commission meeting will be held at the Public Works Building on January 28, 2016. Status updates followed on the Meadowbrook project, Dunkin Donuts, Cooper Woods Subdivision, and the Fourth & Campbell townhomes project. More recently, staff received plans/new applications for the following: the Geneva Park District for 321 Stevens Street; an out lot for Home Depot; an expansion for Grahams 318; a pavilion for the French Market; and a parking lot expansion for Malone Funeral Home. Public Comment Mr. Abraham Steinberg, who spoke at the last meeting about his flooding from subterranean groundwater, said his neighbors are also affected by the pumping of the pond from the Hackendal site. Mr. Steinberg reported that he did meet with the city about his water issue and the city responded that its goal was to manage stormwater. To date, no one from the city can assure him as to what will happen with the water in the nearby pond, i.e., will it drain into his home or stay put? He was told that this plan would alleviate his groundwater problem. Mr. Steinberg asked the commissioners about that part of the ordinance which affects groundwater to be governed by the city through an SSA. He stated now was the time to do it before the development was constructed. Further into his discussion, Mr. Steinberg explained that after he had a realtor visit his home, he and his wife were told that due to the excessive groundwater issues his home was worthless and could not be sold. He was seeking legal protection from further encroachment of subterranean water. In response, Dir. DeGroot explained that the SSA was the City taking responsibility. Mr. Steinberg asked whom were the stormwater consultants (WBK Consultants) for the property. He did not believe the development’s plans for stormwater would be successful. Chairman Rogers indicated that if Mr. Steinberg was looking to change the ordinance that he attend the City Council meeting, since it was in this commission’s purview. Mike Hannigan, attorney with Konicek & Dilllon, 21 W. State Street, Geneva explained he was retained by Mr. Steinberg in order to ensure that what was being approved tonight by the Plan Commission was not going to worsen his client’s flooding situation. Since the parking lot was constructed on the site, Mr. Hannigan stated the water issue has gotten worse. His concern was that the developer would not be around when water issues worsened. Mr. Hannigan asked that the Plan Commission make assurances now before the developer left. He noted the developer was proposing more stormwater detention collections areas in order to prevent flooding but the water percolated into the ground which water then traveled into his client’s properties and other properties. Further frustrations were voiced by Mr. Hannigan. He asked that the commission require the developer to post a bond. Adjournment Meeting was adjourned at 7:58 p.m. on motion by Commissioner Case, seconded by Commissioner Stevenson. Motion carried unanimously by voice vote of 6-0.