McHenry Times

City of Crystal Lake Planning and Zoning Commission met June 5.

Here is the minutes provided by the commission:

The meeting was called to order by Chairman Hayden at 7:30 p.m. On roll call, members Esposito, Goss, Jouron, Philpot, Skluzacek, and Hayden were present. Mr. Greenman was absent.

Elizabeth Maxwell, City Planner, and Katie Cowlin, Assistant City Planner, were present from Staff.

Mr. Hayden asked those in attendance to rise to say the Pledge of Allegiance. He led those in attendance in the Pledge.

Mr. Hayden stated that this meeting was being televised now, as well as, recorded for future playback on the City’s cable station. He added to please use the sign in sheets in the rear of the Chambers and he will call the names from the list for anyone who wishes to speak.

APPROVE MINUTES OF THE MAY 15, 2019 PLANNING AND ZONING COMMISSION MEETING

Mr. Jouron moved to approve the minutes from the May 15, 2019 Planning and Zoning Commission meeting as presented. Mr. Skluzacek seconded the motion. On roll call, all members present voted aye. Motion passed.

2019-86 ON ANGEL’S WINGS – 2 Crystal Lake Plaza Units D & E – PUBLIC HEARING 

Special Use Permit to allow a used merchandise store.

Mr. Hayden stated that the sign had been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Hayden waived the reading of the legal notice without objection.

Jeannette Hager and Vanessa Candew with On Angel’s Wings were present to represent the petition. Ms. Candew said they have been before the Commission before. She said they opened in 2008 and they need to move to a larger facility. The parking at their current space is limited. They are requesting a resale operation. Ms. Candew said the new site is 14,000 square feet total which would expand their resale area to 4,500 square feet. They take in gently used - higher quality items for resale. She said their current hours are 10 a.m. to 5 p.m. and they may expand the hours and hire more staff in this location. The pet rescue and adoption center will be 9,600 square feet of the new facility. Currently they use foster care for the animals and prefer to continue that so the animals are not left over night. Ms. Candew said they understand the new location is closer to a residential area and they will be very diligent on cleanliness and noise.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Esposito asked where the dog walking will take place and how will donations work. Ms. Candew said they will use the small grassy area in the rear and will clean up immediately. They will take in the resale items like they do today. There will not be any outside bins and will only take items when they are open for business.

Mr. Philpot said he does not have any questions and supports the request.

Mr. Jouron said he does not have any questions. He knows what they do and this is a better location – closer to the street.

Mr. Skluzacek supports the petition and wished them good luck in their new location.

Mr. Goss is glad they will stay in Crystal Lake. He supports the request and it meets the Findings of Fact.

Mr. Hayden questioned condition #5 regarding the transport of animals. Ms. Maxwell said the petitioners already do this at their current location. The animals are on leashes or in cages. Ms. Candew said they double leash the pets and immediately get vet care including microchipping. Mr. Hayden asked if there will be a designated walking area. Ms. Candew said they will walk the animals behind the center. Mr. Hayden said he loves what they do there and supports the request.

Mr. Hayden asked if the petitioners had any concerns with conditions listed in the staff report. Ms. Candew said no.

Mr. Esposito moved to approve the Special Use Permit to allow a used merchandise store for On Angel’s Wings at 2 Crystal Lake Plaza Units D & E with the following conditions:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:

A. Application (On Angel’s Wings, received 05/16/19)

B. Floor Plan (On Angel’s Wings, received 05/16/19)

C. Floor Plan (On Angel’s Wings, undated, received 05/16/19)

2. No outside donation bins are permitted.

3. If donations are left outside or dropped off outside, it is the responsibility of On Angel’s Wings staff to remove them in a timely fashion. If this condition is violated, a citation will be issued upon inspection of the premises.

4. The petitioner shall comply with all noise ordinances.

5. The petitioner shall safely transport animals in and out of the premises for viewing, adoptions and walks.

6. The petitioner shall address all of the review comments and requirements of the Community Development, Fire Rescue and Police Departments.

Mr. Philpot seconded the motion. On roll call, all members voted aye. Motions passed.

2019-81 FIVE BELOW – 5460 Northwest Hwy – PUBLIC HEARING

Final Planned Unit Development Amendment to allow exterior changes to the building façade and signage

including an additional variation for increased wall signage.

Mr. Hayden stated that the sign had been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Hayden waived the reading of the legal notice without objection.

Jeffrey Brownell, architect, was present to represent the request. Mr. Brownell said this is the former Dress Barn space and currently Five Below is in the outlot building along Route 14. Most of the work to be done on to the space is cosmetic. They will be changing the cornice and awnings to blue. The entrance will be moved over to allow taller entry doors and the trash enclosure in the rear will be increased.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Goss said he went to the site and the facades for Buy Buy Baby and Party City are similar to the existing façade. He would prefer the background remain the same and the sign lettering be in blue. Brownell said they are only allowed 50 square feet of signage on the building. Mr. Goss said there are sign spaces on the two monument signs. Mr. Brownell said their current space in the outlot building has signs on three sides. Mr. Goss said the Fresh Time sign has a yellow background, which he was not in favor of. He added that the Target in Lake Zurich has a new façade and it will probably be here soon. Mr. Brownell said blue letters blur out in the distance and that is why they use a blue background with white letters. They will be removing the raised section of the wall.

Mr. Skluzacek feels the color it is excessive. He does support the other items of the request.

Mr. Jouron asked where the colors will be located. Mr. Brownell described the locations of the colors. The columns will be a darker beige and the canopy a nice white, which pops against the blue background. Mr. Jouron is concerned with the size of the sign. He doesn’t want the building to look like a sign. Mr. Brownell said the existing Dress Barn looks like it is 24 feet by 3 feet their theirs is similar in size.

Mr. Philpot said he has less of a problem with painting the background blue, but would prefer the letters to be smaller. The existing sign is still larger than allowed by ordinance. He asked why the doors were being moved to off center. Mr. Brownell said that is the way the interior is set up.

Mr. Esposito said he is concerned with the blue background. They made the center look cartoony and this is adding to it. He suggested shrinking down the blue area and keeping the white letters. He supports the other items in the request such as removing the arch and adding a square.

Mr. Hayden said this is a PUD and the concept is to encourage design and make the building nicer. He supports the variation. The letters requested are not that much bigger than what was there with Dress Barn. They have seen many changes come through. He said it looks nice and supports the request.

Mr. Jouron asked about the other signs in the center. Are the sizes of these signs in the center in compliance with our Sign Ordinance. Ms. Maxwell said most of the businesses received sign variations.

Mr. Goss feels this variation is too much. He does not have a problem with seeing blue lettering. Mr. Esposito feels they should reduce the amount of blue. Mr. Brownell said they do not want to be rejected due to the size of the blue back ground. Mr. Hayden said there are a lot of signs in the center that are in the same boat.

Mr. Philpot asked about the signs at the current location. Mr. Brownell said each sign is 75 square feet. Mr. Philpot said he supports the petition as is. Mr. Goss said they do not need all of that blue on the building. Mr. Philpot suggested 180 square feet on the new building. Ms. Maxwell said the blue color in the area is included in the sign area because it is a different color for the façade. Mr. Brownell asked if the blue wedge of Best Buy was counted as signage. Mr. Hayden said yes.

Mr. Jouron said there are awnings hang over the windows and asked if they have them at other locations. Mr. Brownell said they do.

Mr. Goss believes the letters should be blue and background should be white like the other uses. His issue is painting the wall blue. It is not a functional square footage. Mr. Jouron said he does not want the entire building to be a sign.

Mr. Hayden took a straw poll of the members for the request as is. The Commissioners were split. Mr. Philpot asked if any votes would change if the blue area was reduced. Mr. Esposito said he would prefer the blue to be smaller. Mr. Jouron said he was ok if the blue area was reduced by one foot on both the top and bottom. Mr. Brownell said they would probably take the two feet off the top and leave the bottom alone.

Mr. Esposito moved to approve the Final Planned Unit Development Amendment to allow exterior changes to the building façade and signage including an additional variation for increased wall signage for Five Below at 5460 Northwest Hwy. with the following conditions:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:

A. Application (IRC Retail Centers, received 05/13/19)

B. Narrative(PFDAArchitects,dated05/10/19,received05/13/19)

Mr. Esposito said he is concerned with the blue background. They made the center look cartoony and this is adding to it. He suggested shrinking down the blue area and keeping the white letters. He supports the other items in the request such as removing the arch and adding a square.

Mr. Hayden said this is a PUD and the concept is to encourage design and make the building nicer. He supports the variation. The letters requested are not that much bigger than what was there with Dress Barn. They have seen many changes come through. He said it looks nice and supports the request.

Mr. Jouron asked about the other signs in the center. Are the sizes of these signs in the center in compliance with our Sign Ordinance. Ms. Maxwell said most of the businesses received sign variations.

Mr. Goss feels this variation is too much. He does not have a problem with seeing blue lettering. Mr. Esposito feels they should reduce the amount of blue. Mr. Brownell said they do not want to be rejected due to the size of the blue back ground. Mr. Hayden said there are a lot of signs in the center that are in the same boat.

Mr. Philpot asked about the signs at the current location. Mr. Brownell said each sign is 75 square feet. Mr. Philpot said he supports the petition as is. Mr. Goss said they do not need all of that blue on the building. Mr. Philpot suggested 180 square feet on the new building. Ms. Maxwell said the blue color in the area is included in the sign area because it is a different color for the façade. Mr. Brownell asked if the blue wedge of Best Buy was counted as signage. Mr. Hayden said yes.

Mr. Jouron said there are awnings hang over the windows and asked if they have them at other locations. Mr. Brownell said they do.

Mr. Goss believes the letters should be blue and background should be white like the other uses. His issue is painting the wall blue. It is not a functional square footage. Mr. Jouron said he does not want the entire building to be a sign.

Mr. Hayden took a straw poll of the members for the request as is. The Commissioners were split. Mr. Philpot asked if any votes would change if the blue area was reduced. Mr. Esposito said he would prefer the blue to be smaller. Mr. Jouron said he was ok if the blue area was reduced by one foot on both the top and bottom. Mr. Brownell said they would probably take the two feet off the top and leave the bottom alone.

Mr. Esposito moved to approve the Final Planned Unit Development Amendment to allow exterior changes to the building façade and signage including an additional variation for increased wall signage for Five Below at 5460 Northwest Hwy. with the following conditions:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:

A. Application (IRC Retail Centers, received 05/13/19)

B. Narrative (PFDA Architects, dated 05/10/19, received 05/13/19)

C. Elevation, sheet A2 (PFDA Architects, dated 05/13/19, received 05/13/19)

D. Alteration Plan Sheet A1 (PFDA Architects, dated 05/02/19, received 05/13/19)

E. Signage (Kieffer Starlite, dated 03/11/19, received 05/13/19)

F. Alta Survey (American Surveying & Mapping, dated 03/24/16, received 05/13/19)

2. The overall planned unit development approval and all subsequent amendments are still in effect unless modified by this ordinance.

3. Work with staff to replace any dead or dying landscape in the center.

4. The petitioner must address all of the review comments and requirements of the Community Development, Fire Rescue, Police, and Public Works Departments.

5. Reduce the blue background of the wall sign by two feet along the length, which is approximately 48 square feet.

Mr. Jouron seconded the motion. On roll call, members Esposito, Jouron, Philpot, Skluzacek, and Hayden voted aye. Mr. Goss voted no. Motion passed.

2019-74 ARBY’S – 6000 Northwest Hwy – PUBLIC HEARING

Final Planned Unit Development Amendment to allow changes to the exterior façade.

Mr. Hayden stated that the sign had been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Hayden waived the reading of the legal notice without objection.

Michael Mohr was present to represent the petition. Mr. Mohr said Arby’s has been in Crystal Lake for some time. They are requesting to remodel the exterior of the building. They are trying to incorporate the mall elements and Arby’s features. He showed the proposed elevation with removing the pergola in the front. There would be no addition to the building, only different materials and colors.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Esposito said Arby’s fought so hard to get the pergola. Mr. Mohr said there has been a change in ownership and Arby’s wants to make the building more cohesive. Mr. Esposito said he does not have a problem with the request.

Mr. Philpot asked if the exterior seating will remain. Mr. Mohr said yes and the existing knee wall will remain. They will be adding tables with umbrellas and landscaping. He said they will be adding a canopy over the drive-through window for protection. Mr. Philpot said he supports the request.

Mr. Hayden asked if the petitioner had any concerns with the conditions listed in the staff report. Mr. Mohr said no.

Mr. Esposito said the proposed changes looks much better. He said the knee wall was part of the patio but with the pergola supports were incorporated into the knee wall. Mr. Mohr said the knee wall will remain and a new wall cap will be added.

Mr. Skluzacek said the changes will enhance the building and he is ok with the request.

Mr. Goss said this meets the Findings of Fact. He suggested the petitioner check with staff regarding the umbrellas to be sure it’s not considered signage. Mr. Mohr said they will.

Mr. Hayden said this will improve the look of the area.

Mr. Esposito moved to approve the Final Planned Unit Development Amendment to allow changes to the exterior façade for Arby’s at 6000 Northwest Hwy. with the following conditions:

1. Approved plans, to reflect staff and advisory board comments, as approved by the City Council: A. Application (Mohr Architecture, dated 05/03/19, received 05/06/19).

B. Elevations(MohrArchitecture,dated10/01/19,received10/)

2. The wall sign on the south elevation must not be greater than 50 square feet in area.

3. The light fixtures must be a decorative fixture.

4. The dumpster enclosure must be painted white and gray to match the building.

5. Replace any missing landscaping to ensure the property is in compliance with the approved landscape plan.

6. The total allowable square footage of wall signs is 150 square feet, as permitted by the UDO.

7. The conditions of the previous PUD Amendments and original PUD Ordinance (#4080, 5037, 5049, 5126 and 5607) are still valid, as applicable.

8. The petitioner shall comply with all of the requirements of the Community Development Department.

Mr. Philpot seconded the motion. On roll call, all members voted aye. Motion passed.

2019-82 PINGRY PLACE – Grant & Woodstock St – PUBLIC HEARING

Final Planned Unit Development Amendment to allow changes to the exterior façade and floor plans.

Mr. Hayden stated that the sign had been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Hayden waived the reading of the legal notice without objection.

David Helmrich and Mark Protesta with Metronomic were present to represent the petition. Mr. Helmrich said this is their second project in Crystal Lake. He showed a Power Point presentation. They are requesting a PUD Amendment to develop the remaining units in the subdivision, and refurbish and vitalize the existing development. This will be a two front approach – to build 20 additional units and the HOA will refurbish the existing units using the same materials as the new buildings. He showed the aerial photo of area and photos of the current development. The existing units have issues with the façade. The brick is falling off the walls of the existing units because it was improperly installed. Mr. Helmrich said currently the remaining bricks were stabilized to keep them from falling and hitting people or vehicles. The existing PUD defines the external features of the building to be brick. Their solution was to amend the PUD. The architecture would remain the same, but different materials – shake siding, Hardie board, stone veneer, metal railings on the balcony, and stone veneer chimney. Mr. Helmrich said they used the original building plans and incorporated new features. When completed, the old and new units should look very similar.

Aneta Hall, 32 Bryant Court, said she has lived there since 2003 and been saddled with expense. Some brick sections were installed properly. The project was not completed and the company who provided the materials is no longer in business. Ms. Hall said the residents of the development support the changes to the PUD. Currently, this looks terrible in the downtown area. Also, they understand the new developer will be part of the HOA. Ms. Hall said their only concern is the recommended condition that the existing buildings need to be repaired by the end of next year. She said that is costly and they do not have the funds to complete the repairs in that short of a time frame. They support completing the development and using products that are more up to date, but they would like to phase the upgrades.

Mr. Jouron said the association needs to put money aside for repairs to buildings, sewer, sidewalks, etc. Ms. Hall said the original developer was collecting the association fees, but they were taking out that money. When the current HOA took over there was a negative balance. There was no accounting to any of the owners of the funds. There was litigation. She said they are currently setting money aside, but it still won’t be enough to cover the expense of the exterior repairs.

Mr. Philpot asked if they had any idea as to when the upgrades would be completed. Ms. Hall said they have no idea. They are requesting that no timeline be given since the original developers did not have a required timeline for completing the development. Mr. Helmrich said they are currently out for bid on the materials and should have an idea in about a week. Ms. Cowlin said this a joint application with the Homeowner’s Association. Ms. Hall said they cannot go after the company who installed the materials since they are no longer in business. Mr. Goss said the Commission does not deal the monetary issues. Ms. Cowlin said the existing buildings are in default of being repaired. Ms. Goss asked if the current property owners cannot afford the repairs, will the materials still be available then. Ms. Hall said the HOA is responsible for maintenance of the outside of the buildings.

Mr. Hayden said the property owners like the design and the new developer wants to start right away. Mr. Helmrich said they have not offered to do the work on the existing building. They came in to build the remaining 20 units. Metronomic is not the owner of the property, but the developer. The HOA is free to choose who they want to do the work. Mr. Goss said the homeowners need to come up with a date that the work will be completed by. They also need to have a cost and they do not have it yet. Ms. Hall said the PUD was not finished, and this developer is trying to finish it with changes to the exterior. She said they would love to have the units completed and they will become part of the association and pay some assessment.

Mr. Hayden asked about the conditions in the staff report. Ms. Maxwell said the City has been dealing with this for some time. The existing homeowners would have to reconstruct the exteriors and it was put on hold until these new elevations were approved. The patching is not working and they would need to reconstruct the elevations. Mr. Goss said they will need to have a split HOA until the existing units are repaired. Mr. Helmrich said the covenants should be rewritten. There is nothing in them that defines who is responsible for the exterior. It does say that the interior is the homeowner’s responsibility. Mr. Hayden said the buildings are not safe. Ms. Cowlin said the HOA had a maintenance schedule which include removing the face brick and replacing it. It was a 4-year program. She said the City is looking for a timeline. Mr. Esposito asked if the repairs will take another four years. He feels it would be better for all concerned if it is completed quickly. Ms. Hall said they want to be able to make the changes whenever they can. The development completion was open-ended and they believe these repairs should be that way also. Mr. Esposito said some brick products would be very expensive and this would change will be less expensive. We only want to have some idea as to how long it will take to make the upgrades to the existing units. Mr. Goss said he still has concerns imposing a certain time frame for the existing owners. Mr. Philpot suggesting leaving it at the 4-year plan and City Council can change it. Mr. Goss said they can allow an extension until 2024 and can be extended. Mr. Hayden said this request can be continued until the next meeting to get the pricing of the materials for the HOA to make an educated discussion. Mr. Helmrich said the two week delay may be an issue because there would not be a City Council meeting over the July 4th holiday. Mr. Esposito said the time period could be reviewed. We want the façade to be done in a time frame that is good for everyone. Mr. Goss said the existing buildings would need a separate quote for the removal of the existing materials and any other work that would need to be completed. Mr. Helmrich said when they were researching the product to be sure the product will be around for some time.

Mr. Jouron said this project has been hurting for many years and he hopes this can be worked out.

George Sax, 28 Bryant Ct., said he is the secretary for the association and asked the Commissioners to recommend approval of the PUD amendment so they can move forward.

Mr. Goss said the building of the remaining units would eliminate parking. Mr. Helmrich said they have been in discussions with Home State Bank for additional parking.

Mr. Skluzacek said they not only need guest parking, but also for the people with two cars that cannot fit any cars in the garage. Mr. Helmrich said the HOA will need to negotiate additional parking. Mr. Skluzacek asked what they will do with the snow removal. Ms. Cowlin said the management typically remove the snow from the site. Mr. Sax said they will contact their management company since they are not present to answer that question.

There was no one else in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Goss said two different levels of the HOA is strange and needs to be reviewed.

Mr. Goss moved to approve the Final Planned Unit Development Amendment to allow changes to the exterior façade and floor plans for Pingry Place with the following conditions:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council:

A. Application (Metronomic & Pingry Place Homeowner’s Association, dated 05/13/19, received 05/14/19)

B. Color Rendering (Metronomic, received 05/13/19)

C. Architecture Plan Set (ALA, dated 05/09/19, received 05/14/19)

D. Plat of Survey (Vanderstappen, dated 03/12/19, received 05/14/19)

2. The exterior renovation to the existing 14 units must should be completed by December 31, 2020 or reviewed by the City Council for progress prior to that date.

3. Site landscaping must match the approved landscape plan, substituted plant species need to be approved by city staff.

4. All conditions of approval from ordinance 3526 are still valid, unless amended by this approval.

5. If Revisions to the Covenants, Codes and Restrictions are proposed, submit a copy for city staff review and a draft to City Council for their review.

6. The petitioner shall address all of the review comments and requirements of the Community Development and Fire Rescue Departments.

Mr. Esposito seconded the motion. On roll call, all members voted aye. Motion passed.

Mr. Hayden called for a 5-minute recess. The meeting resumed.

2019-88 GW PROPERTIES (FORMER PAULY TOYOTA) – 5501-5417 Northwest Hwy – PUBLIC HEARING

Preliminary/Final Plat of Subdivision to resubdivide the property into four lots, rezoning a portion of Lot 2 from B-2 PUD to B-2, and the deferral from the burial of the overhead utility lines and installation of the sidewalk.

Mr. Hayden stated that the sign had been posted. He said the surrounding property owners were notified and the Certificate of Publication was in the file. Mr. Hayden waived the reading of the legal notice without objection.

Mitch Goltz, property owner, Jon Silverberg, applicant, and Eric Tracy, engineer, were present to represent the petition. Mr. Silverberg said they are proposing to subdivide 3 lots into 4. The subdivision was determined by the demand while avoiding variations. Mr. Goltz said he purchased the property and has been actively marketing it. They have two identified users to date – Discount Tire and Raising Cane’s – and there are no specific tenant plans for the remaining lots. This property has been tired for some time.

There was no one in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Goss read the proposal and was confused on how trip generations can be determined without knowing the use. He is also concerned with rezoning and subdivision of the property. He needs to be convinced. The petitioner is asking the City to give up control of the development of the property without knowing what will be going there. They are asking to remove the PUD designation from the property. Mr. Goss asked how big is a “little sliver” of land that currently has the PUD designation that will be incorporated into a lot that does not have the PUD designation. Mr. Silverberg said this would clean up Lot 2. Mr. Goss would like to see what will be going on that property before he makes the determination for myself regarding rezoning.

Lynn Means, Senior Transportation Engineer with Gewalt Hamilton, said she prepared the traffic study. For the study, they used the two known users. For the remaining lots they analyzed a variety of uses including general retail, site down restaurant, fast food restaurant and medical office. They used the highest trip generation numbers to be the most conservative approach. Mr. Goss said they are looking for two access points with cross access agreements. Ms. Means said that is good access management and IDOT also looks at that for this type of arterial roadway.

Mr. Goss said the Three Oaks Recreation Area is right in back of this property. The City had visions for development of that area and to have a boardwalk with active uses people could enjoy. Two of the uses are not what we envisioned. He continued stating he worked on the Three Oaks Recreation Area committee since the 1990s. Mr. Goltz said he spoke with staff and there will be a dedicate area for a boardwalk in the rear of the property. Mr. Goss said the potential users will not benefit from a boardwalk. He also wants to know what will be going on with the second lot from the west. Mr. Goltz said he does not control who wants to come to Crystal lake and he put together a plan for this area that will be good for the community. They will continue to work with staff.

Mr. Skluzacek agreed with Mr. Goss. He said the only way to subdivide the property is that it must be zoned PUD.

Mr. Jouron said he does not want to relinquish the property that is a PUD. They want to look at this and they do not want just anything there. There have been many hours spend on the design of Three Oaks Recreation Area. Mr. Goltz said these are the only businesses that want to be in that area. They have two users who want to be part of this project. This is the first step.

Mr. Philpot said he talked with staff about the zoning issue. Immediately to the east is B-2 and Cassidy Tire is zoned Manufacturing Limited. Across street is B-2PUD. He does not know if all of the property should be zoned a PUD but Lots 1 and 2 should be. He is ok with the deferral of the utility line burial, but would prefer a Letter of Credit be held until they are buried. Mr. Goltz said he does not want the Letter of Credit to be held in perpetuity. Ms. Maxwell said staff has recommended a Letter of Credit for the sidewalk installation. She added that there have been problems over the years when projects were granted a deferral without any surety. Typically the Commission does not get involved with deferrals. Mr. Philpot asked if the petitioner was interested in building the sidewalk or posting the letter of credit to install in future. Mr. Goltz said he does not want to put in a sidewalk that does not connect to anything. He would prefer the area to be green space.

Mr. Esposito said there is a potential for four different owners with four detention areas. Mr. Goltz said they have already planned one detention for the four lots. Mr. Esposito said he is concerned with giving up the PUD designation. He would prefer to have the control especially with knowing what is behind this property.

He cannot see moving forward with eliminating the PUD. This is a million dollar view. The City took out a lot of car dealerships and put them on Route 31. He does not think the City wants to put back more car uses. Mr. Goltz said the users of Lots 1 and 3 are known. Either Lot 2 has to be a PUD or not. It cannot be half PUD.

Mr. Goss asked if there are any expectations for IDOT wanting to go to 6-lanes on Route 14. Ms. Means said this will be reviewed by IDOT, but she does not believe they have plans to expand Route 14.

Mr. Hayden reviewed the Findings of Fact listed in the report and tried to be as generous as he could and wanted to talk about a few of them. Many are them are met. The existing use and zoning of nearby property – does not meet. Relative gain to the public – he feels this project will hurt the City. We have been waiting for this since the early 90s for the Three Oaks Recreation Area. The City negotiated with the owners of the lake and have a gorgeous area for the community. There are a lot of things that would turn that property around and change the dynamic of the City. Mr. Hayden believe that if they put one wrong business there, we will lose what we have been fighting for the past 20 years. A PUD designation allows us to help improve the quality of the City. There is a lack of evidence that this use is needed for the community.

Mr. Goltz said they have two users identified. He can respect the Commissioners’ opinions, but this property has been for sale for many years and there were no takers. He said restaurants did not share in the City’s vision of the area. It would be a benefit to the City to take down all of the buildings there. He will amend the request to zone Lot 2 as a PUD. That would create four lots – two with a PUD and two not. Mr. Hayden said he is not willing to give up the two lots PUD designation. All lots need to be designated PUD. Mr. Goltz said there will be two uses that meet the requirements. Ms. Maxwell said the lots would need to be reviewed by the review bodies like Discount Tire is going through currently. The Commissioners support zoning of all four lots to PUD. Mr. Hayden said this is one of the most important projects the City will look at. Mr. Goltz said they will also straighten the jogged line between Lots 2 and 3. Mr. Hayden asked if the petitioner is willing to zone all four lots as B-2PUD and straighten out the line between Lots 2 and 3. Mr. Goltz said yes. Mr. Hayden asked if the current legal notice covers what was discussed. Ms. Maxwell said she is not 100% certain. Mr. Hayden suggested holding a special meeting. The members agreed. Ms. Maxwell said the soonest would be June 26 due to notification requirements. Then to the July 26 City Council meeting. Mr. Goltz said if the other uses for this property are ready they could possibly be heard at the same special meeting.

No action was taken on this request.

2019-83 UDO TEXT AMENDMENT – PUBLIC HEARING

Amendments to Article 2 in regards to Stealth Designed Wireless Communications Antenna and Article 4 Use of Residential Parking of the Unified Development Ordinance.

Mr. Hayden said the Certificate of Publication was in the file. He waived the reading of the legal notice without objection.

Ms. Cowlin said staff is requesting a text amendment to change to provisions of the Unified Development Ordinance Article 2 for Stealth Designed Wireless communication Antenna from a limited use permit to require a Special Use Permit, which gives the surrounding property owners an opportunity to speak. Also, requiring landscape screening and compliance with setback requirements. The second amendment is regarding RVs parking requirements.

Holly Glover, 166 W. Crystal Lake Avenue, said she is concerned with the wording of parking an RV in a driveway. Currently, it is written to allow the RV to be parked on a residential driveway for 10 days, move it for one day, and then back for 10 days. She has a neighbor with a very large RV parked on their driveway that is 18 inches from the lot line. Mr. Goss said we do not have a mechanism to enforcement it. Ms. Cowlin said it is enforceable and is complaint driven. We will be able to enforce the provision. Mr. Goss asked if this will be for boats, too. Ms. Glover said her neighbor has quoted the ordinance to her on several occasions. We know what the intent is, but the wording needed to be changed. Mr. Goss said they need to open up the whole section. Mr. Esposito said he said it’s not only boats. It is trailers, pop up trailers, etc. Mr. Goss said the standard size city lots are not designed to store these items on the driveways. Mr. Hayden said the burden falls on the resident to rat out their neighbors and that’s not appropriate. Mr. Philpot said the neighbor has to live with the eye sore. Mr. Jouron agreed. Ms. Glover said to remove the word makes it clearer. She added that the brochure will need to be updated as well.

There was no one else in the public who wished to comment on this request. The public portion was closed at this time.

Mr. Goss moved to approve the Unified Development Ordinance Amendments to Article 2 in regards to Stealth Designed Wireless Communications Antenna and Article 4 Use of Residential Parking as discussed.

Mr. Esposito seconded the motion. On roll call, all members voted aye. Motion passed.

REPORT FROM PLANNING

Ms. Maxwell discussed the items that were reviewed by the City Council and what will be on the agenda for the June 19, 2019 meeting. She added that there is a meeting scheduled for July 3rd and staff can add to the next agenda the cancellation of this meeting if the Commissioners wished. We will also publish for the special meeting on June 26th.

COMMENTS FROM THE COMMISSION

There were no comments from the Commissioners. 

The meeting was adjourned at 11:15 p.m.

https://ecode360.com/documents/CR2206/public/495712652.pdf