Planning & Zoning Board

December 12, 2017 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the December 12, 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: Nicole Aranas Christopher Dabovich Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Absent: Bob Gudmundson City Staff Present: Tracy Jones, Staff Planner Jim Kozik, Director of Planning and Economic Development II. APPROVAL OF MINUTES - NOVEMBER 14, 2017 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. OLD BUSINESS ZA #17-26/ TEXT AMENDMENT AND SPECIAL USE PERMIT/ 140 E. LOOP ROAD/ MC DERMOTT CENTER D/B/A HAYMARKET CENTER Chair Weller reconvened the public hearing on Tuesday, December 12, 2017. Chair Weller stated that this was a continued public hearing from November 14, 2017. He stated that the application is requesting a text amendment to Article 20.3 of the Wheaton Zoning Ordinance to add Residential (in-patient) Treatment Facilities to the list of uses requiring a special use permit in the C-5 Planned Commercial District. The application is further requesting a special use permit to allow a 16-bed Residential (in-patient) Treatment Facility to occupy the existing building located at 140 E. Loop Road. The property will remain in the C-5 Planned Commercial District zoning classification. Chair Weller further stated that a strictly Outpatient Treatment Facility would be considered a business and professional office (which permits medical offices) and would be allowed as a permitted use at this location. Ms. Dickson stated that she had provided a revised definition of Residential (in-patient) Treatment Facilities to staff since the previous meeting. She stated that they are now proposing the following definition for Residential (in- patient) Treatment Facilities: “A healthcare facility providing residential integrated treatment for substance use located in a free-standing building” with a minimum lot size requirement of 2.5 acres. Director Kozik confirmed that staff had just received the revised definition, but the revised definition still needs to be reviewed by the City Attorney before staff can provide feedback to the Board.  Wheaton Planning and Zoning Board December 12, 2017 Page 2 of 5 Dr. Lustig stated that the Haymarket Center was founded in 1975 by the late Monsignor Ignatius McDermott and Dr. James West. Their stated mission is “to aid people with substance use disorders in their recovery by providing comprehensive behavioral health solutions”. Ms. Dickson stated that a strictly Outpatient Treatment Facility would be considered a business and professional office (which permits medical offices) and would be allowed as a permitted use at this location. Angela Welker, 1786 Sjogren Court, Wheaton was sworn in. Ms. Welker stated that she had worked in the rehab industry and that the proposed location was not appropriate for such a use. She added that the proposed use would generate an increase in crime and there would be overdoses in the parking lot. Stewart Weiss, 131 S. Dearborn Street, Chicago was sworn in. Mr. Weiss stated that he is the attorney representing Tucker Development who owns Wheaton Town Square. He stated that the C5 district does not allow mixed use development and therefore, the proposed text amendment and special use permit was not appropriate. Phil Heaton, 1777 Sjogren Court, Wheaton was sworn in. Mr. Heaton stated the proposed location is not appropriate for such a use. He questioned why staff even processed the application. Patricia Noble, 1898 Jahns Drive, Wheaton was sworn in. Dr. Noble stated that she works in the rehab industry and that the proposed location was not appropriate for such a use. She added that the proposed use would have groups of patients smoking in the parking lot at all times. Amy Holsinger, 131 Hawkins Circle, Wheaton was sworn in. Ms. Holisinger stated that the location was not appropriate. She added that she has family members with addiction issues. She provided a map of the surrounding area, showing the proximity of the subject property to various locations frequented by neighborhood children. Mark McAndrews, 300 E. Roosevelt Road, Wheaton was sworn in. Mr. McAndrews stated that he is the attorney representing Crossings at Danada, the existing apartment complex that is across the street from the subject property. He stated that they are concerned with the safety of the children that live in the complex, if the text amendment and special use permit is ultimately approved. JoAnne Weithers, 610 N. Carlton Avenue, Wheaton was sworn in. Ms. Weithers stated that she is representing Kindercare, the existing daycare that is adjacent to the subject property. She stated that they are concerned with the safety of the children in their care and possible decreases in enrollment, if the text amendment and special use permit is ultimately approved. Tim Demas, 92 Hawkins Circle, Wheaton was sworn in. Mr. Demas stated that the proposed facility was not appropriate in the C5 district. He added that the facility should be in a district that allows group care homes. John Grebe, 113 Hawkins Circle, Wheaton was sworn in. Mr. Grebe stated that the proposed location was not appropriate. David Mann, 177 Hawkins Circle, Wheaton was sworn in. Mr. Mann stated that he was concerned about the safety of his family and patients driving to the center while impaired. He threatened litigation if the City approved the text amendment and special use request. Mary Weis, 1932 Jahns Drive, Wheaton was sworn in. Ms. Weis stated that the location was not appropriate. She added that she has family members with addiction issues. Carrie Hogan, 1810 Knapp Court, Wheaton was sworn in. Ms. Hogan stated she was concerned with safety and property values.  Wheaton Planning and Zoning Board December 12, 2017 Page 3 of 5 Morgan Hill, 1001 Arbor Avenue, Wheaton was sworn in. Ms. Hill stated that the location was not appropriate and she questioned the difference between the proposed in-patient treatment center and a group care home. Julie Kulovits, 1890 Jahns Drive, Wheaton was sworn in. Ms. Kulovits stated that she was concerned about the safety of her family and that the applicant did not adequately address the special use standards. Jeff Barron, 1699 La Palma Court, Wheaton was sworn in. Mr. Barron stated that this is a dumb idea and that staff should not have processed the application. Bernard Pepping, 1783 Sjogren Court, Wheaton was sworn in. Mr. Pepping stated that he was concerned about property values. He added that he was also concerned about the traffic that would be generated and patients driving to the center while impaired. Rich Hogan, 1810 Knapp Court, Wheaton was sworn in. Mr. Hogan stated that he was concerned about property values and having the center next to an existing daycare center. Mr. Dabovich moved and then Ms. Horejs seconded the motion to continue the public hearing until Tuesday, January 9, 2018. On a voice vote, all voted aye. V. NEW BUSINESS ZA #17-27/ PUD AMENDMENT/ NWC ORCHARD AND BUTTERFIELD ROADS/ DAVIS Pursuant to notice duly published on November 17, 2017 and letters mailed to neighboring property owners on November 15, 2017, Chair Weller called to order the December 12, 2017 public hearing requesting a proposed amendment to the existing R-3 single-family planned unit development for the Woodlands of Wheaton Subdivision to allow for the re-subdivision of the property from two single-family lots into four single-family lots and the replacement of the two individual driveways with a private cul-de-sac and gate. Multiple pictures of the site were submitted for the record. Thomas Whitt, 3604 Ridge Pointe Drive, Geneva was sworn in. Mr. Whitt stated that he was the land development consultant working on the project. He stated that the subject property located at the Northwest Corner of Orchard and Butterfield Roads was annexed to the City in November of 2004. The original subdivision, known as the Woodlands of Wheaton, was a three-lot single-family planned unit development serviced by a private cul-de-sac. The property was zoned R-3 planned unit development through the annexation process. Mr. Whitt stated that the current owner, Mr. Davis, purchased the subject property in 2012 and an amendment to the annexation agreement was approved later that year to reduce the number of single-family lots in the planned unit development from three to two. The amendment retained Lot 1 and then combined Lot 2 and Lot 3 of the original subdivision. The private cul-de-sac was omitted from the plan and replaced by two driveways that shared a single curb cut. Mr. Whitt stated that the current owner cleared underbrush and removed both evasive species and storm damaged trees in 2012. The current owner also vegetated the disturbed area with turf grass in 2014. No additional site improvements have been completed to date and the property remains vacant. Director Kozik stated that the annexation agreement for the subject property expired on November 15, 2014. The property remains zoned R-3 planned unit development. Mr. Whitt stated that the current owner is now requesting a further amendment to the existing single-family planned unit development for the Woodlands of Wheaton Subdivision to allow for the re-subdivision of the  Wheaton Planning and Zoning Board December 12, 2017 Page 4 of 5 property from two single-family lots into four single-family lots and the replacement of the two individual driveways with a private cul-de-sac and gate. Director Kozik stated that in November of this year, the City Council approved Ordinance No. F-2044, which amended Article 5 of the Zoning Ordinance. One of the changes made to Article 5.11B of the Zoning Ordinance was to limit the applicability of planned unit developments. As a result, single-family detached developments are no longer permitted to be developed as planned unit developments. Director Kozik stated that because the property is an existing planned unit development that has a recorded final plat, its existing zoning as a planned unit development can remain. As all four single-family lots appear to meet the bulk requirements of the R-3 District, there is no reason to develop the property as a planned unit development. Staff would, therefore recommend that the proposal be revised to be a standard single-family subdivision served by a public street, and not a planned unit development served by a private cul-de-sac. Staff would further recommend that the corner building setback line be increased from 30 feet to 60 feet for proposed Lot 4 (based on the City’s averaging method). This is consistent with the approval that was granted in 2012. Mr. Whitt stated that if proposed Lot 4 has a 60-foot setback off Orchard Road, the potential building envelope would be significantly reduced. He added that the owner does not want to make proposed Lot 3 smaller, since his daughter and son-in-law already have a house designed for the lot. Mr. Whitt addressed the special use standards for a planned unit development as required by the Zoning Ordinance. He stated that the proposed amendment to the existing R-3 single-family planned unit development would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. He added that the proposed private cul-de-sac would benefit the City, since the owner would maintain the street. Steven Davis, 2S685 Summerfield Court, Wheaton was sworn in. Mr. Davis that he is a long-time resident and business owner in Wheaton. He added that he hopes that he can come to some sort of compromise with the City. He added that he can be somewhat flexible with the construction standards and materials used for the cul- de-sac but he would prefer to keep the gate and not change the setback for proposed Lot 4. Terrence Garman, 1239 W. Grand Avenue, Chicago was sworn in. Mr. Garman stated that he is the son-in-law of Mr. Davis. He added that he and his wife would like to build a house on proposed Lot 3, so their new baby girl can be close to her grandparents. He confirmed that he and his wife do have a house designed for the proposed Lot 3 that may have to be altered in the property line was moved. The Board questioned the setback of the existing house to the north of the subject property off Orchard Road. Mr. Whitt stated that he did not have the exact setback dimension but could provide it at a future meeting. The Board decided to continue the public hearing until Tuesday, January 9, 2018 to give the applicant time to provide the setback of the existing house to the north of the subject property off of Orchard Road. On a voice vote, all voted aye. VI. MISCELLANEOUS There was none. VII. ADJOURNMENT Mr. Plunkett moved and then Mr. Wanzung seconded the motion to adjourn the meeting at 10:00 p.m. On a voice vote, all voted aye.  Wheaton Planning and Zoning Board December 12, 2017 Page 5 of 5 Respectfully submitted, Tracy L. Jones, Staff Planner