Chambana Sun

Village of Mahomet Plan and Zoning Commission met May 7.

Here is the minutes provided by the commission:

CALL TO ORDER: The Plan and Zoning Commission called the meeting to order at 7 pm on Tuesday May 7, 2019.

ROLL CALL:

Members Present: Jay Roloff, Steve Briney, Damian Spencer, Earl Seamands, Bob Buchanan, and Robert DeAtley.

Members Absent: Mike Buzicky

Others Present: Community Development Director Kelly Pfeifer, Planner Abby Heckman, and Village Administrator Patrick Brown, and Village Attorney Joe Chamley

PUBLIC COMMENT: No one came forward.

REVIEW/APPROVE MINUTES: April 2, 2019

DeAtley moved to approve the April 2, 2019 minutes as submitted. Spencer seconded the motion. ROLL CALL.

4-0-2 Briney and Roloff abstained. Motion Passed.

PUBLIC HEARING:

ZA 2019-02: BRIDLE BROOK VILLA HOMES

A RESOLUTION CONCERNING AMENDING THE ZONING CLASSIFICATION FOR 3.07± ACRES OF LAND, COMMONLY KNOWN AS 1613A PATTON DRIVE, 1613B PATTON DRIVE, 1615A PATTON DRIVE, 1615B PATTON DRIVE, 1617A PATTON DRIVE, 1617B PATTON DRIVE, 1619A PATTON DRIVE, 1619B PATTON DRIVE AND VACANT LAND IMMEDIATELY WEST, MAHOMET IL, FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO R-3 MULTIPLE- FAMILY RESIDENTIAL DISTRICT. (BRIDLE BROOK ADULT COMMUNITIES LLC AND THE VILLAGE OF MAHOMET, OWNER / PETITIONER)

Abby Heckman introduced the staff memo and facts of the requested rezoning.

Mr. Spencer asked what would prevent an apartment building on this property if it is rezoned to R3.

Abby Heckman stated the PUD development plan that is recorded in still in effect which shows single-family attached homes. Staff expects there will be an amendment to the PUD at some point to clean up some issues with some of the PUD language. There are ten (10) property owners within the PUD that are working together to come up with an amendment proposal.

Mr. Roloff asked what the process would be to amend the PUD.

Abby Heckman stated the PUD process is a function of the Subdivision Ordinance and would come before the PZC and BOT for any amendments.

Joe Chamley stated any PUD amendment or change would go back through the PZC and BOT.

Mr. Roloff asked if members of the public would have an opportunity to learn about any changes at a public meeting.

Abby Heckman stated yes.

Abby Heckman stated staff met mid-March with the eight (8) existing Villa Homeowners in advance of this meeting to go over any issues they were having with the existing zoning and the PUD documents and to inform them of our intention to request a rezoning of their properties. Staff met with them again in April and didn’t hear any objections to the proposed zoning change. They now have attorney representation and staff has heard no objections from their attorney.

Mr. Roloff asked any members of the public that wanted to speak to this request to come forward.

Don McDaniel, 1619 Delane Drive, asked about the property owner meeting and why he was not invited.

Abby Heckman stated that Village staff met only with the property owners that are included in the rezoning request. You received a notice for the hearing tonight because you are an adjoining property owner within 250 feet. The rezoning request does not include your property. Your property is already zoned R-3.

Don McDaniel asked what can be built on the property.

Abby Heckman stated anything built there would need to follow the recorded PUD plan, which shows attached single-family housing similar to what already exists out there. As stated earlier we do expect an amendment to the PUD at some point in the future.

Mr. Roloff stated that any amendment would come back through this board. You won’t get a public hearing notice but you can watch the PZC agendas.

Austin Hill, petitioner’s attorney, with Thomas, Mamer and Haughey, stated he wanted to introduce himself and that he was available for any questions. He stated Abby has laid out the facts correctly.

Sue Samanski, 1603 Delane Drive, stated she lives right across from Bridlebrook. The biggest concern for neighbors is the type of dwelling that will be built there and the assurance that anything that goes into the plan will effect their property in any negative way. She stated hearing that it is going to be residential in terms of ownership instead of rental is a good thing.

Abby Heckman stated the Village cannot control whether the properties are rented. The existing homes now could rent their property.

Sue Samanski asked if there were any laws or guidelines in play as far as percentages of rentals. Abby Heckman stated the Village did not have rules relating to rentals.

Sue Samanski asked if it was a part of Conway.

Abby Heckman stated no they are not in the Conway POA.

Angela Bardon, executive director of Waterford at Bridlebrook, stated she wanted to introduce herself and give some history. She stated that in 2015 the adult center facility was sold. She stated Austin Hill represents the former owners of the facility that now own the vacant land between the facility and the existing villa homes. She stated she represents the facility only and that there are two (2) separate entities

Sue Samanski asked what kind of plans are in place for the vacant property as far as timeline and contractors.

Angela Bardon stated the entity that she represents does not own the vacant property. They own the Bridlebrook facility and the property to the west to Heather Drive. They have no plans for future development of their land at this time.

Austin Hill stated his client owns the undeveloped land between that facility and the existing villa homes. He stated his client intends to sell the property to another developer but what we discussed so far would be similar to what exists there now. The layout may not be the same but what has been discussed would have similar restrictions. He stated he has been approached by entities that are interested in developing the property, but we are not working with anyone. He stated he is in process of discussing revisions to the covenants and are looking to maintain the character that exists there now. There is no intension to change the type of uses and structures that are permitted there now. It is expected to be substantially similar.

Mr. DeAtley stated the PZC and Village Trustees are not interested in making decisions that negatively impact neighboring properties.

Buchanan moved to close the public hearing for ZA2019-02. DeAtley seconded the motion. ROLL CALL. 6-0. Motion Passed.

ORDINANCES, RESOLUTIONS and MOTIONS (TO BE ACTED UPON):

ZA 2019-02: BRIDLE BROOK VILLA HOMES

A RESOLUTION CONCERNING AMENDING THE ZONING CLASSIFICATION FOR 3.07± ACRES OF LAND, COMMONLY KNOWN AS 1613A PATTON DRIVE, 1613B PATTON DRIVE, 1615A PATTON DRIVE, 1615B PATTON DRIVE, 1617A PATTON DRIVE, 1617B PATTON DRIVE, 1619A PATTON DRIVE, 1619B PATTON DRIVE AND VACANT LAND IMMEDIATELY WEST, MAHOMET IL, FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO R-3 MULTIPLE- FAMILY RESIDENTIAL DISTRICT. (BRIDLE BROOK ADULT COMMUNITIES LLC AND THE VILLAGE OF MAHOMET, OWNER / PETITIONER)

Mr. Roloff stated there was a draft resolution in the packet and if there were no other comments then he would go through the finding of fact. If any commissioner disagrees then speak up.

DeAtley moved to grant with the stated findings of fact for ZA2019-02. Buchanan seconded the motion. ROLL CALL. 6-0. Motion Passed.

BE IT THEREFORE RESOLVED this 7th day of May, 2019 by the Plan and Zoning Commission of the Village of Mahomet that:

A. The Plan and Zoning Commission does hereby further set forth the following findings of fact concerning the requested zoning amendment:

1. The procedural requirements for zoning establishment or amendment HAVE been met.

2. The proposed zoning DOES conform with the intent of the Village Comprehensive Plan.

3. The proposed zoning IS consistent with the proposed use of the site.

4. The proposed zoning WILL be compatible with the established land use pattern in the vicinity.

5. The proposed zoning DOES NOT create an isolated, unrelated zoning district.

6. The site IS suitable for the uses allowed in the proposed zoning district.

7. The proposed zoning WILL be consistent with the health, safety and general welfare of the public.

8. Major land uses in the neighborhood HAVE NOT changed since zoning was applied to this site.

9. The proposed zoning IS consistent with the existing zoning designations in the surrounding area.

10. The proposed zoning WILL NOT be contrary to the original purpose and intent of the Zoning Ordinance.

11. The proposed zoning WILL NOT be injurious to the use and enjoyment of adjacent properties.

12. The proposed zoning WILL promote the orderly development of the site and surrounding properties.

13. The proposed zoning WILL NOT significantly adversely impact existing traffic patterns.

14. Adequate facilities for municipal sanitary sewage disposal and water supply ARE available for the site.

15. Adequate provisions for stormwater drainage ARE available for this site.

16. The proposed zoning WILL NOT adversely impact police protection or fire protection.

17. The proposed zoning WILL NOT significantly adversely impact schools or other public facilities.

18. The proposed zoning WILL NOT conflict with existing public commitments for planned public improvements.

19. The proposed zoning WILL NOT adversely influence living conditions in the immediate vicinity.

20. The proposed zoning WILL preserve the essential character of the neighborhood in which it is located.

21. The proposed change WILL NOT significantly alter the population density pattern.

22. The value of adjacent property WILL NOT be diminished by the proposed zoning.

23. The proposed zoning WILL enhance the value of the petitioner’s property.

24. The proposed zoning WILL NOT constitute an entering wedge affecting the use or development of adjacent property.

25. If denied, the petitioner WILL suffer deterioration to his or her property value.

26. The proposed zoning DOES NOT correct an error in the original zoning of this site.

27. If the property is currently vacant, the length of time the property has remained vacant as zoned HAS been considered in the context of land development in the area and in the vicinity of the subject property.

28. The proposed change in zoning WILL result in private investment that would be beneficial to the development or redevelopment of a vacant property or deteriorated neighborhood.

29. There IS a need in the community for additional land within the requested zoning district.

30. The proposed zoning WILL NOT adversely impact agricultural farming operations in the vicinity of this site.

31. The proposed rezoning IS consistent with Village Comprehensive Plan policies concerning the protection of prime farmland when appropriate.

32. The proposed rezoning WILL NOT result in long term adverse environmental consequences to natural areas and wildlife habitat.

33. The LaSalle Factors for evaluation of zoning decisions HAVE been considered during the review of this proposed rezoning request.

B. The Plan and Zoning Commission does hereby recommend that the Board of Trustees of the Village of Mahomet GRANT the requested zoning map amendment for the subject property from C-1 Neighborhood Commercial district to R-3 Multiple-Family Residential district.

VAR2019-02: NO LIMIT FITNESS

A RESOLUTION CONCERNING A VARIANCE OF DEVELOPMENT STANDARDS RELATING TO A REAR YARD SETBACK ON 0.47± ACRES OF LAND, COMMONLY KNOWN AS 2107 TIN CUP ROAD, MAHOMET IL. (MARK KESLER AND ADAM KESLER, PETITIONER/OWNER)

Abby Heckman introduced the staff memo and facts of the requested variances.

Mr. Roloff stated since this is a variance we need to come up with special circumstances. Mark Kesler explained the proposed setbacks on the site.

Mr. Roloff went over the resolution and suggested special circumstance and findings of fact. The commission discussed the wording of the special circumstances with staff.

Seamands moved to grant VAR2019-02 with the special circumstances and findings of fact as stated below. Spencer seconded the motion. ROLL CALL. 6-0. Motion Passed.

BE IT THEREFORE RESOLVED this 7th day of May, 2019 by the Plan and Zoning Commission of the Village of Mahomet that:

1) The Plan and Zoning Commission sets forth the following findings of fact concerning the requested variances;

A. That the special circumstances or conditions applying to the land or building for which the variances are sought are:

The existing building complied with County Zoning regulations when constructed. Property has since been annexed into the Village.

B. That concerning the variances requested:

1. There ARE special circumstances or conditions applying to the land or building for which the variances are sought; and,

2. The said special circumstances or conditions ARE peculiar to such land or buildings and do not apply generally to land or buildings in this neighborhood; and,

3. The said special circumstances or conditions ARE such that the strict application of the provisions of the Zoning Ordinance could deprive the applicant of the reasonable use of such land and building; and,

4. The granting of the requested variances ARE necessary for the reasonable use of the land and building; and,

5. The variances requested ARE the minimum variances that will accomplish this purpose; and,

6. The granting of the requested variances WILL be in harmony with the general purpose and intent of the Zoning Ordinance; and,

7. The requested variances WILL NOT be injurious to the neighborhood or otherwise detrimental to the public welfare; and,

8. The requested variances WILL NOT be in conflict with the Comprehensive Plan.

2) The granting of the variances, if approved, shall be subject to the following conditions:

Completion of a Certificate of Exemption subdivision procedure to exchange land between adjoining landowners.

3) The Plan and Zoning Commission does hereby recommend that the Zoning Board of Appeals of the Village of Mahomet GRANT the requested variance to allow a rear yard setback of 21.5± feet for an addition to an existing building, instead of the required 25-foot rear yard setback (§152.090 (C-2)).

A RESOLUTION CONCERNING A FINAL PLAT FOR 5.83± ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION

OF FOREST RIDGE DRIVE AND SANDSTONE COURT (MAHOMET LAND COMPANY, OWNER/PETITIONER)

Abby Heckman introduced the staff memo and facts of the requested variances.

Mr. Seamands asked why this section is so small.

Kelly Pfeifer stated that the developer needed more inventory and this cul-de-sac with utilities was very easy to extend.

Mr. DeAtley asked if the Thornewood area general plan was available.

Kelly Pfeifer stated yes, they are available.

Mr. Roloff went over the draft resolution.

DeAtley moved to grant MAP2015-01 with the findings of fact as stated below. Buchanan seconded the motion.

ROLL CALL. 6-0. Motion Passed.

COMMISSIONER COMMENTS:

Mr. Buchanan stated he noticed the new construction entrance for the Sangamon Fields Subdivision.

Mr. Brown stated the Country Ridge HOA requested a construction entrance off IL47.

ADJOURN:

Seamands moved to adjourn the meeting. Spencer seconded the motion. ROLL CALL, ALL YES. The meeting was adjourned at 8:40pm.

https://www.mahomet-il.gov/vertical/Sites/%7B8D137460-5EE3-4B54-9DF0-146867CF080D%7D/uploads/MINUTES_PZC_05072019_approved.pdf