McHenry Times

City of Crystal Lake Planning & Zoning Commission met July 29.

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.

Michelle Rentzsch, Director of Community Development, Katie Cowlin, Assistant City Planner, and Ms. Betsy Gates-Alford, legal counsel, 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 JULY 17, 2019 PLANNING AND ZONING COMMISSION SPECIAL MEETING

Mr. Goss moved to approve the minutes from the July 17, 2019 Planning and Zoning Commission meeting as presented. Mr. Skluzacek seconded the motion. On roll call, all members present voted aye. Motion passed.

2019-116 UDO AMENDMENT – PUBLIC HEARING

Rezoning properties around Three Oaks Recreation Area with a Planned Unit Development Overlay.

Mr. Hayden stated that the property owners of properties in question were notified and the Certificate of Publication was in the file. Mr. Hayden waived the reading of the legal notice without objection.

Ms. Rentzsch gave a background on the Three Oaks Recreation Area and its relationship to the surrounding properties. Three Oaks Recreation Area is a unique amenity in Crystal Lake. Ms. Rentzsch reviewed the guiding documents of Crystal Lake. The 2030 Comprehensive Plan shows the area as a mix of land uses - commercial, unincorporated, industry and residential. Ms. Rentzsch read an excerpt from the Comprehensive Plan for the Route 14 redevelopment area. Future land uses should take advantage of the amenities at Three Oaks. Ms. Rentzsch also reviewed the current zoning map. The proposed overlay was only applied to the straight-zoned properties at this time. The Vulcan Lakes TIF document recommends restaurants and entertainment venues oriented towards the lake for the properties adjacent to Three Oaks. The City has been marketing the available properties adjacent to Three Oaks to restaurants, retail and entertainment users. Ms. Rentzsch showed a rendering of a sample vision for one of the properties abutting Three Oaks.

In summary, the PUD designation provides for a higher level of review and can incorporate amenities. For existing businesses, the uses can continue. The businesses can also conduct interior alterations, minor exterior alterations and signage improvements, given the improvements comply with the UDO, without going through the public hearing process. Ms. Rentzsch thanked the Commission for their time and requested a positive recommendation.

Mr. Hayden opened the public comment portion of the meeting for this request.

William Graft, attorney representing the property owners at 5505 Northwest Highway stated his client purchased the property in late 2018. He is happy to be here and appreciated the Planning & Zoning Commission and staff for taking advantage of the opportunity to protect the vision for the Three Oaks area. He recently spoke with the City’s legal counsel on ideas for his client’s property and the neighboring property. On behalf of his client, they support the PUD overlay. PUDs are a great tool and this is the right way to do it. He does not believe his client received the notice, but he has been in contact with city representatives. His client would like the opportunity to redevelop and they recognize there is a TIF available. He hopes all the tools in the toolbox can be used for any proposed redevelopment. Mr. Graft suggested extending the TIF, since it was enacted right before the recession. The flexibility of the PUD overlay will make a better development in conjunction with the “but for” test for the TIF. He believes setback would be met for future redevelopment. Mr. Graft stated that the TIF increment could be used anywhere in the area. He added there are some trees along the embankment that may need to come down on the City owned property, removing the trees could help spur redevelopment by creating the views of Three Oaks for the Route 14 properties. Mr. Graft requested a copy of the rendition the city made for the Route 14 property. His client would like to be part of the redevelopment and can bring some joint ventures with to make it possible. Mr. Goss and Mr. Philpot thanked Mr. Graft for attending the meeting for this discussion.

Mr. Haleblian, 450 Essex Ln, Crystal Lake. Mr. Haleblian stated that he loved what is going on here. He owns a property on Virginia Road, which is included in the PUD overlay request. The property was formally in the County and was annexed a few years back. Mr. Haleblian stated he was at The Quarry the other night and agrees that the tree line is high and either the redevelopment would have to go up a few stories or trees may need to be removed. When you are there, you don’t feel like you are in the city. At first glance he was concerned about being too restrictive on the vacant properties like the old Pauly site and the property has sat vacate for 5-7 years. Mr. Haleblian stated he is on both sides of the fence, as a businessperson, he understands trying to make a quick profit on a property, but as a resident, he wants uses like the vision described tonight. We have to be careful and hopeful that the vision is possible. Staff has been encouraging this type of development. Ms. Rentzsch confirmed the recession and the asking price for the property were hardships for encouraging redevelopment for the former Pauly site.

Mr. Graft added that some of the proposed standards are a little circular. That could have been the legislative intent of the author. He stated it should be discussed, specifically Section III.d.5. He finds this very open and subjective, nothing specific, which could be unclear and confusing to developers. It is very expensive for developers up front with soft costs of plans; the City may want to add more clarity.

Mr. Hayden agreed it should be discussed.

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

Mr. Jouron questioned the existing conditions recommendation within the PUD overlay and who would determine if a request needed to go through the PUD approval process. Ms. Rentzsch stated that like all PUDs within the city, if a minor detail is proposed (i.e. adding dumpster enclosure) those could be approved administratively by the City Manager. If not approved, it would go through the PUD process. If redevelopment of a site were proposed, then they would come through the PUD process.

Mr. Philpot asked staff what could be done to address that tree line question. Even the area to the southwest has trees that screen the Three Oaks Recreation Area. Ms. Rentzsch explained the slope stabilization study on the edge of the park. Certainly if a redevelopment is proposed, there are other vegetative plant materials that could be used to stabilize the slope. Mr. Goss added it was a major effort to clean up the lake and create the park; the PUD overlay proposal meets the vision for Three Oaks. Mr. Philpot asked about an existing auto body shop, what if they want to make changes. Would a major change, like tearing the building down, would they have to add the amenities that were discussed (sidewalks, etc.) and would the PUD hinder redevelopment? Ms. Rentzsch said most existing businesses would continue as is, if an owner wanted to remove a building and rebuild they would need to come through the PUD process.

Mr. Esposito likes the PUD overlay. There are many properties along Route 14 not included – how do we keep this going? Ms. Rentzsch stated the Crystal Court shopping center is a PUD already and has been contemplated as a mixed-use development in the Comprehensive Plan. There should be a redevelopment plan seen in the near future for that property. Mr. Esposito stated that it may be in the City’s best interest to create the view corridor now and clean up the trees and the fence to help encourage development. Mr. Esposito added that he likes the wording on the PUD overlay draft ordinance.

Mr. Skluzacek he is in favor of the request and agrees with the PUD benefits.

Mr. Goss wishes the shopping center were in the PUD overlay as well. He stated he would like to see the Council send that piece back to the PZC to consider adding it to the PUD overlay. The area along Dartmoor Circle is very steep and he does not see redevelopment there. Overall, he is in favor of this request.

Mr. Hayden agreed this would help the developers and the PZC for future guidelines. Ms. Gates-Alford stated providing standards is very common and that specific criterion can be added. It was the intention to have to have the standards reflect the Comprehensive Plan goals and development goals. The PZC can add more specific standards, if desired. Mr. Jouron believes that would also help staff. Ms. Rentzsch stated the criteria references back to the UDO’s PUD standards. There are more pedestrian elements explained in the Comprehensive Plan and TIF plan. The PUD Overlay could reference those documents. Mr. Goss suggested changing the draft language to include, “elements of mixed uses in accordance with the UDO, TIF Plan and the Comprehensive Plan”. Ms. Gates-Alford stated that not all properties are in the TIF district and the TIF will expire, the Commission may want to reference the Comprehensive Plan only. Mr. Hayden asked if it possible to limit land use types, for example adult uses. Ms. Rentzsch stated that the UDO currently does not allow adult uses. The Commission could add distance requirements for undesirable uses that are currently permitted. Ms. Gates-Alford referred the Commission to the draft ordinance and the goal of a balanced mix of uses and referenced the Comprehensive Plan that would encourage types of land uses. Ms. Gates-Alford stated they could specifically limit land uses, if desired. Mr. Jouron asked if the burial of utilities could be required. Ms. Rentzsch said that is in the UDO already. Mr. Esposito stated there are many uses allowed in the B-2 zoning district and questioned if auto oriented businesses should be limited. Ms. Rentzsch stated that, “Is this use necessary and desirable in the specific location” is the first standard for PUDs and this criteria would give the PZC the discretion right now to limit uses. Ms. Gates-Alford added that the overlay references a range of retail and commercial uses and pedestrian amenities as proposed. Mr. Jouron suggested sit down restaurants as the only type of restaurant for the area with access to the rear of the properties. Mr. Hayden added that is much like the roundhouse by Walter Payton. A brewpub concept would be ideal. Mr. Philpot did not think it was wise to exclude fast food or fast casual restaurants, people leaving Three Oaks may want a quick stop from time to time.

Mr. Hayden suggested they recap everyone’s points. Mr. Goss stated that the document meets the findings of fact. He added the struggle is with the ordinance and whether to have staff specify desirable uses and bring it back to the PZC. Mr. Hayden suggested that in the essence of time to recommend the proposal as-is and amend the specific uses at a later meeting. Ms. Rentzsch thanked the Planning & Zoning Commission for the good discussion. Staff can have a list of uses for the City Council and they can provide some direction.

Ms. Gates-Alford stated the discussion would be included in the report to the City Council. The City Council can decide if they want to remand it back to the PZC or accept it as-is.

Mr. Goss stated the proposal meets the findings of fact and moved to approve the PUD overlay for the identified parcels around the Three Oaks Recreation Area and related text amendments for the establishment of the Three Oaks PUD Overlay District, as presented in attached draft ordinance with the recommended change to the top of page 5, subsection 5b.ii of the draft ordinance to include a reference to the UDO and Comprehensive Plan.

In addition, to include in the report to the City Council, the Planning & Zoning Commission feels a list of land uses that are desirable and undesirable should be outlined in the PUD Overlay standards. Also, note that the Planning & Zoning Commission feels the Crystal Court shopping center should be included in the overlay. Mr. Esposito seconded the motion. On roll call, all members voted aye. Motion passed.

REPORT FROM PLANNING

Ms. Rentzsch discussed what will be on the agenda for the Planning and Zoning Commission meeting on the August 7, 2019 PZC Meeting.

COMMENTS FROM THE COMMISSION

There were no comments from the Commissioners.

The meeting was adjourned at 8:40 p.m.

https://ecode360.com/documents/CR2206/public/503422297.pdf