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PLAN COMMISSION 2014/10/08 MinutesThe City of Lake Forest Plan Commission Proceedings of the October 8, 2014 Regular Meeting A regular meeting of the Lake Forest Plan Commission was held on Wednesday, October 8, 2014, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Commission members present: Chairman Michael Ley and Commissioners Guy Berg, Tim Henry and Jeff Kuchman Commissioners absent: Commissioners Jim Carris, Lloyd Culbertson and John Anderson Staff present: Catherine Czerniak, Director of Community Development 1. Introduction of Commissioners and staff. Chairman Ley introduced the members of the Commission and City staff. 2. Consideration of the Minutes of the September 10, 2014 meeting of the Plan Commission. The minutes of the September 10, 2014 meeting were approved with one correction as requested by Chairman Ley. 3. Action: Continued consideration of tentative approval of the Oak Knoll Woodlands Subdivision, a 16 – lot Planned Preservation Subdivision. The petition includes 1) a request for a zone change from R-5 to R-4, 2) application of the Planned Preservation and Historic Open Space Overlay District and 3) tentative subdivision plat approval. An associated Special Use Permit would be required as part of final approval of the plat of subdivision. Presented by: Richard M. Swanson, Developer Chairman Ley noted that this item is scheduled for Commission action. He reviewed the various components of the request. He stated that the public hearing on this matter was closed at the September meeting. He asked the Commission for any conflicts of interest or Ex Parte contacts. Hearing none, he noted that although the public hearing was closed at the last meeting, five additional pieces of correspondence were received since that meeting. He stated that the Commission has accepted that additional correspondence into the record but noted that the correspondence is from people who previously testified on this matter and noted that no new issues were raised in the correspondence. He stated that the public hearing on this matter will not be re-opened. He stated that the petitioner will be offered the opportunity to provide rebuttal to public testimony later in the meeting. He noted Plan Commission Minutes – October 8, 2014 Page 2 of 7 that staff provided a written response to public testimony and invited questions or requests for clarification from the Commission on that response. In response to questions from Commissioner Berg, Ms. Czerniak confirmed that if tentative approval of this petition is granted, prior to consideration of a request from the petitioner for final approval of this petition, final engineering plans and other detailed plans will need to be prepared and any approvals that may be required from outside agencies will need to be obtained. She stated that to date, preliminary engineering, tree removal and landscape plans have been reviewed by City staff and the recommendation for tentative approval is based on review of the preliminary information. She confirmed that tentative plat approval is intended to give the petitioner some certainty that the overall development plan is acceptable if all of the technical requirements can be met as the final analysis, calculations and plans are developed and reviewed. In response to a question from Chairman Ley, Mr. Swanson stated that the houses in the proposed development are expected to range in size from about 4,500 to 5,000 square feet. Hearing no further questions from the Commission, Chairman Ley stated that the petitioner did not have an opportunity to provide rebuttal to public testimony at the last meeting. He noted that the petitioner was provided with the additional letters that were accepted into the record. He invited a rebuttal to public testimony from the petitioner. Mr. Swanson stated that a density transfer is not proposed. He explained that as permitted by the Code, lots that are smaller than the minimum lot size in the zoning district are proposed on a portion of the property providing the opportunity for preservation of open space. He noted that there is a historical precedent in the community for this approach to developing land. He stated that as required, he submitted a plan demonstrating how a conventional subdivision could be created on the property noting that plan achieved 17 lots without impacting undevelopable portions of the site. He stated that the plan presented proposes 16 lots. He reviewed the wetland buffer requirements noting that the required buffer areas can be incorporated into lots. He stated that the plan meets all of the applicable requirements. He stated that preliminary meetings have been held with Lake County Stormwater Management Commission and the proposed development approach received support. He acknowledged that further review and approval from SMC will be required during the final phase. He spoke to the use of Stablewood Lane for access for the new development and stated that various attorneys reviewed the status of Stablewood Lane and confirmed that the road is private and that the new development is not entitled to access from Stablewood Lane. He commented that if Stablewood Lane was available for access, the subdivision would have been designed accordingly. He noted that he had conversations with some residents of Conway Farms and received further confirmation that the road is private and not Plan Commission Minutes – October 8, 2014 Page 3 of 7 available for access for the new development. He stated that consistent with other subdivisions in the community, the Homeowners’ Association for the new development will be responsible for the ongoing maintenance of the wetlands and detention pond. He noted that the report prepared by Burke Engineering, on behalf of the neighbors, supports the plan and stated that his wetlands consultants will provide some further information in response to the public testimony. He noted that at the previous meeting, the Chairman asked whether the setback distance could be increased from the house to the immediate south of the development, the Sundberg property. He stated that after reviewing the current conditions and the plan as proposed, he found that the Sundberg’s house is setback about 50’ from the property line and noted that a corresponding 50’ setback is provided on the plat for the new development. He stated his expectation that there would likely be about a 140’ separation between the Sundberg’s house and the closest house in the new development. He stated that the anticipated separation distance is consistent with the pattern of existing development in the neighborhood. He introduced his wetlands consultants to respond more directly to some of the technical questions raised during the public testimony. Joy Corona, Bleck Engineering, noted that the exhibit provided by Burke Engineering, on behalf of the neighboring property owners, assumes a complete avoidance requirement for wetlands and wetland buffer areas. She noted that the regulations do not require complete avoidance. She stated that the regulations allow for certain shifting and buffer averaging. She stated that the regulations do not require developments to preserve all impacted areas, but allow flexibility and options to achieve no net loss of wetlands. She stated that the 17-lot conventional plan was developed consistent with what is allowed by the applicable regulations. She stated that this background is offered to help to explain the reasonableness of the conventional plan presented. Vince Mosca, Hey and Associates, stated that there is a process that must be followed before wetland permits are issued for a property. He stated that all of the wetlands on this site were determined to be isolated wetlands and as a result, are under the jurisdiction of Lake County. He confirmed that as stated by Ms. Corona, provisions exist to allow some filling and buffer averaging. He added that the regulations also provide mitigation options, on site options, off site options and payment in lieu of mitigation. He stated that the regulations provide incentives to avoid impacting wetlands, but also offer opportunities to mitigate impacted wetlands. In response to a question from Chairman Ley, Mr. Swanson stated that he has no further rebuttal comments. Chairman Ley invited Commission comment and deliberation. Plan Commission Minutes – October 8, 2014 Page 4 of 7 Commissioner Berg noted that there has been lots of input from the neighborhood on this petition and that the Commission has had time to digest the information. He stated that after reviewing the various components of the request and the input received, he is supportive of the staff recommendation. He noted that there will be much work for the petitioner to do between tentative approval and final consideration of the petition. He stated that this action is not a green light to proceed with the development. He noted that the developer will need to spend a considerable amount of money, complete due diligence on various issues and work with outside agencies before bringing this back to the Plan Commission for final consideration. Chairman Ley stated that the role of the Commission is to balance competing interests and make a reasoned recommendation to the Mayor and the City Council. He stated that the Council is the final decision maker on this petition. He stated that the Commission has heard the voices of the petitioner and of the opponents and weighed the testimony carefully. He stated that he visited the site multiple times, heard about 6 hours of testimony and read an estimated 200 pages of written communications including those prepared by various professional consultants. He stated that the Commission has read the materials prepared by staff and noted that he reviewed tapes of the meetings in addition to being present at the meetings. He stated that he is ready to make an informed recommendation to the City Council on this petition. He stated that in his opinion, taking into account all of the information provided, approval of this petition at this tentative phase, is in the public interest, not sol el y in the interest of the petitioner. He stated that the proposed development will add to the diversity of housing products available in the community and will attract people to Lake Forest. He noted that the population of Lake Forest has declined in recent years. He explained that diversity in housing types is identified as a goal in the City’s Strategic Plan which was approved by the City Council. He stated that the proposed development plan protects some wetlands and addresses drainage noting that development and environmental protection are not a zero sum game. He stated that this petition offers both. He stated that the proposed development is generally consistent with the residential character of the surrounding neighborhoods to the south, north and west. He stated that a variety of housing choices is consistent with the pattern of development in the community. He stated that 16 lots on this property appears to be reasonable adding that the proposed lot size reflects what some buyers want. He noted that many people testified that they understand that the property will be developed but stated that 16 lots is too many. He stated that satisfactory reasons for a plan with fewer lots were not presented. He stated that sending the petitioner back with the direction that 16 lots is too many is not appropriate based on the information presented. He stated that in his opinion, the proposed Oak Knoll Woodlands development will not change the character of the neighborhood as a whole and will not create burdensome traffic or drainage problems. He noted that the Homeowners’ Association will be responsible for ongoing maintenance of the drainage and open space areas. He stated that he does not accept the argument that the property should remain zoned R-5. He noted Plan Commission Minutes – October 8, 2014 Page 5 of 7 a comment made during public testimony that the previous Director of Community Development inappropriately influenced the city staff on this matter and stated that no evidence whatsoever was presented to support that allegation noting that it was inappropriate. He summarized stating that the testimony presented on all sides of the issue was sincere and thoughtful. He stated that he does not believe that the proposed development will result in the parade of horribles envisioned by some. He stated that the development as proposed is in the overall interest of the City of Lake Forest. He asked the Commission for any further comments, hearing none; he invited discussion of the staff recommendation and a motion if appropriate. Commissioner Berg made a motion to recommend approval of the zone change from R-5 to R-4, application of the HROSP overlay district and approval of the tentative plat of subdivision subject to the City Council subject to the following conditions of approval. The following conditions shall be satisfied prior to consideration of a request for final plat approval and consideration of the associated Special Use Permit by the Plan Commission. 1. Review the building setbacks for each lot with the goal of increasing setbacks in areas where significant trees are located and in the limited areas where new parcels immediately abut existing development along the south property line. In the area along the south property line, a setback of 50’ should be achieved. The subdivision plat should reflect a landscape buffer requirement of 25’ along the south property line for Lots 1, 14, 15 and 16. 2. Final engineering plans which have been determined to be complete, accurate and in conformance with all applicable regulations and standards by the City Engineer, and any other documents deemed necessary by the City Engineer shall be on file, in final form, with the City. • Approvals from any outside agencies must be submitted as directed by the City Engineer. • The engineering plans shall reflect the preservation of the existing topography to the extent possible with any grade changes kept to the minimum necessary to meet good engineering practices. 3. The final plat of subdivision shall be submitted and determined to meet all applicable requirements by the City Engineer and Director of Community Development. The following notes, and any other notes deemed appropriate by staff, shall be noted on the final plat of subdivision. • No further subdivision of the open space areas is permitted. • The Homeowners’ Association is responsible for all ongoing maintenance of all private infrastructure including, but not limited to all aspects of the storm sewer system, preserved wetlands and preserved open space. Plan Commission Minutes – October 8, 2014 Page 6 of 7 • All new homes shall be equipped with residential sprinkler systems for fire protection. 4. A final tree removal and tree preservation plan shall be submitted including a total of tree inches proposed for removal. A tree planting plan shall provide a minimum of inch for inch replacement for the trees removed from the site. 5. A final landscape plan shall reflect plantings along the perimeter of the site to provide screening from existing adjacent development. The plan shall identify removals of dead, diseased and vegetation that is failing to thrive in these areas and reflect on the plan how the gaps left by removals will be filled and the perimeter areas enhanced. • The landscape plan shall reflect a landscape buffer along the south property line in the areas where new lots are adjacent to existing lots in the development to the south. The landscape plan shall reflect both existing vegetation intended for preservation and new plantings proposed in a 25’ wide strip along the property line. The plantings in this area are for the purpose of establishing a landscape buffer between the new development and the established neighborhood. 6. Residential fire protection sprinklers shall be installed in all residences in the development. 7. A draft of the Declaration of Covenants shall be submitted subject to review and approval by the Director of Community Development and if appropriate, the City Attorney. The following issue, and any other issues deemed appropriate by staff, shall be addressed in the document. a. The Declaration of Covenants shall clearly state that the Homeowners’ Association is responsible for the ongoing maintenance of the stormwater detention pond; all stormwater conveyance pipes, structures and swales; the wetlands and the open space. Commissioner Henry clarified for members of the audience that the public hearing on this matter was closed at the September meeting. He seconded the motion. Commissioner Berg stated that the Commission has taken considerable time to review all of the testimony and information presented. He stated that tentative approval will set in motion further due diligence. The motion was approved by the Commission in a 4 to 0 vote. In response to a question from Chairman Ley, Ms. Czerniak stated that the next City Council meeting is on October 20th and the meeting following that will be on November 3rd. She stated that at this time, she believes that this matter will be heard at one of those two meetings. Plan Commission Minutes – October 8, 2014 Page 7 of 7 Chairman Ley encouraged all those in attendance to watch for when this matter will be heard by the City Council. 4. Additional information from staff. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Catherine Czerniak Director of Community Development