Planning & Zoning Board

February 14, 2017 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the February 14, 2017 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in the Council Chambers of the Wheaton City Hall, 303 W. Wesley Street. Upon roll call, the following were: Roll Call Vote Present: Ron Almiron Nicole Aranas Bob Gudmundson Mark Plunkett Scott Weller Absent: Chris Derrick Dan Wanzung City Staff Present: Tracy Jones, Staff Planner Jim Kozik, Director of Planning and Economic Development Paul Redman, Director of Engineering II. APPROVAL OF MINUTES - JANUARY 24, 2017 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. OLD BUSINESS ZA #17-03/ SUBDIVISION, REZONING AND PUD/ 616 CHILDS STREET/ 616 CHILDS PROPERTY LLC Chair Weller reconvened discussion of the item on Tuesday, February 14, 2017. Mr. Daniel stated that since the last meeting, he worked with the City Attorney to draft a list of conditions to best address the ongoing compliance issues on the property. He agreed to not rezone the R-4 portion of the property and he further agreed to omit the R-4 portion of the property from the PUD. He presented nine conditions to the Board. Mr. Splitgerber stated that since the last meeting only minimal clean-up was completed on the property. He submitted updated pictures of the property. He questioned whether staff was supportive of the condition to add fencing on the R-4 portion of the property. Mr. Kozik stated that staff did not feel a fence of the R-4 portion of the property was necessary. Mr. Daniel agreed to omit this condition. Mr. Bollow stated that since the last meeting several trees were removed along the east property line and there was a large pile of mulch remaining on the property. He added that the removal of these trees eliminated an existing screening element and now the structures on the property are more visible. Mr. Gudmundson moved and then Mr. Almiron seconded the motion to close the public hearing. On a voice vote, all voted aye.  Wheaton Planning and Zoning Board February 14, 2017 Page - 2 - of 5 The Board decided to vote this evening. Mr. Almiron moved and then Mr. Plunkett seconded the motion to approve ZA #17-03, subject to the following eight conditions: LOT 1 1. Owner shall install a hedge and/or shrubs subject to the approval of the Director of Planning and Economic Development along the east property line of Lot 1 north of the front building elevation, provided that this condition is intended to allow a screen of parked vehicle headlights and this screen may include existing trees and other landscaping; LOT 2 2. Outdoor storage on Lot 2 shall not occur south of a line drawn from east to west that is 139 feet south of the north lot line of Lot 2 and it shall not occur outside of the fence described in Condition No. 3, below; 3. The Owner of Lot 2 shall use a combination of the existing building on Lot 2 and an eight (8) foot tall fence in order to screen the existing outdoor storage area on Lot 2 from views residential uses as follows: a. The fence shall be installed not further south than a line crossing Lot 2 from east to west and 139 feet south of the north lot line of Lot 2 or further east than 25 feet west of the east lot line of Lot 2, this location being the southernmost and easternmost extent of observed outdoor storage since the 1980’s; b. The fence shall be a board-on-board style fence, though it need not be wooden; c. The shall be installed in a fashion that there is a screen to the east, south and north; d. The fence will be installed as close to the existing outdoor storage area with allowance for an aisle of 14 feet on the interior of the fence provided that 3(a) controls in the event that this drive aisle is not possible; e. No outdoor storage on Lot 2 shall occur outside of the fence; and f. The fence will be staked and reviewed on site by staff, if requested, and constructed not later than June 1, 2017. 4. The Owner of Lot 2 shall remove waste and refuse from Lot 2 not later than April 1, 2017, provided that, if heavy trucks are required to access Lot 2 for this purpose and cannot do so, the removal involving use of these heavy trucks may be deferred until the ground on Lot 2 dries and hardens sufficiently, and, provided further, that the removal operations can be staged from the rear of Lot 1, including along the east lot line if a waste container is placed at that location; 5. At all times, the Owner of Lot 2 shall provide electronic mail and telephonic contact information for its property manager or property management personnel to the City, and Owner agrees that the City may share the latest available contact information with abutting neighbors; 6. Without waiving the City’s obligation, if any, to directly notify the occupants, the Owner of Lot 2 shall mail to any occupants of Lot 2 (a) a copy of these conditions and (b) copies of notices from the City delivered to Owner or posted on Lot 2; 7. By June 1, 2017, the Lot 2 owner shall retain an exterminating or animal control service to remove any natural home for rodents or animals; and 8. The Lot 2 owner or occupant shall mow Lot 2 not less than one every three weeks between May 1 and October 31 and as necessary to otherwise comply with the Wheaton Code of Ordinances.  Wheaton Planning and Zoning Board February 14, 2017 Page - 3 - of 5 Roll Call Vote Ayes: Ron Almiron Nicole Aranas Bob Gudmundson Mark Plunkett Scott Weller Nays: None Absent: Chris Derrick Dan Wanzung Motion Passed Unanimously V. NEW BUSINESS SA #17-04/ SUBDIVISION/ 1600 SOMERSET LANE/ PULTE HOME CORPORATION Pursuant to letters mailed to neighboring property owners on January 20, 2017, Chair Weller called to order the February 14, 2017 public meeting requesting approval of a preliminary plat of subdivision for the Loretto Convent property located at 1600 Somerset Lane. The preliminary plat of subdivision proposes subdividing the property into forty-eight (48) single-family lots following the demolition of all existing structures. The principal access to the subdivision would be provided via an extension of Somerset Lane. The property is 15.7-acres in size and would remain zoned I-1 Institutional District. Chair Weller set forth the issues for the Board’s review of the subject application with respect to the Subdivision Code. He also opined that this proceeding is not a zoning hearing, but that this is a preliminary subdivision evaluation subject to a public meeting. The preliminary subdivision evaluation will focus on whether the preliminary plat of subdivision conforms with the City’s subdivision standards. Vince Rosanova, 30 W. Jefferson Avenue, Naperville addressed the Board, and introduced the applicant’s witnesses. Mr. Rosanova stated that he was the attorney representing the developer, Pulte Home Corporation. The preliminary plat of subdivision proposes subdividing the property into forty-eight (48) single-family lots. According to Mr. Rosanova, the property is to remain in the I-1 Institutional District. Mr. Rosanova stated that the proposed single-family development includes two open space outlot areas. A third is the proposed stormwater detention area. All three outlot areas would be owned by the homeowners’ association. Upon Chair Weller’s inquiry, Mr. Rosanova stated that the applicant has no objection to the staff recommendation for a condition that the landscape plan be revised. Having reviewed the application containing allegations of I-1 compliance, Mr. Almiron questioned whether the existing zoning of I-1 Institutional was correct for a development that was one hundred percent single-family homes. Mr. Rosanova stated that single-family homes were a permitted use in the I-1 Institutional District. Mr. Almiron noted that Article III, Section 3.1 of the Zoning Ordinance states that I-1 is defined as “designed primarily for institutional and public buildings uses”.  Wheaton Planning and Zoning Board February 14, 2017 Page - 4 - of 5 Mr. Almiron asked Mr. Rosanova whether the current zoning district is set forth on the preliminary plat of subdivision. Mr. Rosanova did not answer this question. Mr. Almiron also observed, and Mr. Kozik confirmed, that the current and proposed zoning district does not appear on the preliminary plat of subdivision. Mr. Almiron stated that this discussion should be a public hearing and not a public meeting and that a court reporter should be present, pursuant to the rules of procedure for zoning matters. The rest of the Board questioned its authority to require a public hearing over a public meeting. Scott Immekus, 34 Danada Drive, Wheaton addressed the Board. Mr. Immekus stated that he was a member of the Danada Farms West Homeowners Association and that they were concerned about drainage downstream. He questioned whether the storage capacity of the detention pond was adequate. Chris Morgart, 2280 White Oak Circle, Aurora addressed the Board. Mr. Morgart stated that he was the civil engineer working on the project and that the pond would be a wet style pond. He added that the pond was designed to meet the City’s storage capacity requirements for the proposed subdivision. Herb Hart, 801 Joyce Court, Wheaton addressed the Board. He stated that the process should be a public hearing and not a public meeting. He questioned whether there were any existing subdivisions in the I-1 Institutional District. Director Kozik stated that there were existing single-family homes around the College in the I-1 Institutional District but no complete subdivisions. Mike Romano, 19 Marywood Trail, Wheaton addressed the Board. Mr. Romano stated that all the other subdivisions in the Danada area are zoned R-3 or R-4, not I-1. He questioned the timeframe for land development and home construction should the development get approved. Rob Getz, 1900 E. Golf Road, Schaumburg addressed the Board. Mr. Getz stated he represented Pulte Home Corporation and that the land development would be completed in the fall of this year. He added that the home construction would take up to 4 - 5 years. Wallace Leyshon, 860 Deerpath Court, Wheaton addressed the Board. Mr. Leyshon stated that he was concerned that the subdivision was a done deal and that the Valentine’s Day meeting was intended to keep attendance low. He added that he was concerned with the proposed density and traffic. Staff Planner Jones stated that the Board’s regular meeting schedule was the second and fourth Tuesday of each month and the Valentines’ Day holiday happened to fall on the Board’s regular meeting night. Ann Delany, 1170 Midwest Lane, Wheaton addressed the Board. Ms. Delany stated that she was a friend of the sisters and as a property owner they have certain rights to develop their property. She added that she was supportive of the proposed development. Joe Mahady, 1133 Wheaton Oaks Drive, Wheaton addressed the Board. Mr. Mahady stated that he was concerned with the amount of traffic and potential accidents. He added that the process should be a public hearing and not a public meeting. Nancy Flannery, 816 W. Elm Street, Wheaton addressed the Board. Ms. Flannery stated that she was the Chair of the Wheaton Historic Commission. She added that the Jarvis Hunt mansion was historically significant and should be preserved as part of the subdivision. She requested a copy of the Illinois Historic Preservation Agency report that was completed for the property and the list of other potential buyers that had looked at the property.  Wheaton Planning and Zoning Board February 14, 2017 Page - 5 - of 5 Mr. Rosanova stated that they would provide this information to the City at the request of Ms. Flannery. Bob Jacobsen, 1S617 Hawthorne Lane, Wheaton addressed the Board. Mr. Jacobson stated that he lived in a Jarvis Hunt home on Hawthorne Lane. He suggested that the developer should look at other options for preserving the Jarvis Hunt Mansion (i.e. apartment building, community center, etc.). Melanie Bottom, 784 Jeffrey Court, Wheaton addressed the Board. Ms. Bottom questioned whether the existing zoning of I-1 Institutional was correct for a development that was one hundred percent single-family homes. She stated her disappointment in the staff recommendation to reduce the number of parkway trees to one per interior lot and two per corner lot. She questioned whether the access to Hawthorne Lane should be a public entrance. John Nassos, 787 Jeffrey Court, Wheaton addressed the Board. Mr. Nassos questioned whether the existing zoning of I-1 Institutional was correct for a development that was one hundred percent single-family homes. Katy Goldsborough, 1671 Hawthorne Lane, Wheaton addressed the Board. Ms. Goldsborough questioned whether Pulte was willing to give the Jarvis Hunt Mansion away and pay for moving expenses. She stated that the existing I-1 zoning seemed like a loophole. Mr. Rosanova stated that his client was willing to give the Jarvis Hunt Mansion away but his client was not willing to pay for moving expenses. Eric Bottom, 784 Jeffrey Court, Wheaton addressed the Board. Mr. Bottom stated that he was concerned with increased traffic, proposed density and the elimination of so many existing trees. He requested a more detailed density analysis for the next meeting. The Board requested that staff clarify the proposed density and the proposed school/ park donations for the next meeting. Mr. Almiron moved that the public meeting be continued until a date certain to allow for additional zoning analysis and a public hearing to be scheduled. The rest of the Board questioned their authority to request a public hearing over a public meeting. The motion failed for lack of a second. Mr. Almiron moved and then Mr. Gudmundson seconded the motion to request a legal opinion from the City Attorney on whether the Board could request a public hearing in addition to a public meeting, and further continued the matter to the Board’s next regular meeting on Tuesday, February 28, 2017. On a voice vote, all voted aye. VI. MISCELLANEOUS There was none. VII. ADJOURNMENT Mr. Gudmundson moved and then Mr. Plunkett seconded the motion to adjourn the meeting at 10:15 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner