City of Lockport Planning & Zoning Commission met Oct. 13
Here is the minutes provided by the commission:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Chairman, Dave Oxley
Commissioner, Bill Molony
Commissioner, Janine Wheeler
Commissioner, Brent Porfilio
Commissioner, Scott Likins
Commissioner, Ken Shepard
Commissioner, Matt Garland
ALSO PRESENT:
City Clerk, Kathy Gentile
City Attorney, Sonni Choi Williams
City Planner, Kimberly Phillips
Director of Community & Economic Development, Lance Thies
Independent Engineering Consultant, Bob Schmude
Project Engineer, Philip Hyma
Cathy Wilker, LCTV
Brian Bierovic, LCTV
MINUTES OF PREVIOUS MEETINGS
MOTION TO APPROVE THE MEETING MINUTES OF THE AUGUST 11, 2020 PLAN AND ZONING COMMISSION MEETING MINUTES AS PRESENTED. MOTION MADE BY PORFILIO, SECONDED BY MOLONY.
Prior to the vote on the motion to approve the meeting minutes, Chairman Oxley reiterated the request that the minutes of the PZC meeting be more detailed. Specifically, he pointed out that the phrase, “discussion among the Commission ensued”, does not state the comments and who made the comments. City Attorney Williams responded that the substantive comments by the Commissioners addressing concerns regarding the application are noted in the Staff memo to the City Council and the minutes of the meeting are not included in the City Council packet. Chairman Oxley further used the example of the car dealership case on 1701 S. State St. on the concerns about painting activity being done on site without proper safety measures and reading the minutes, one could not tell who brought up that concern. Although Chairman Oxley acknowledged that the meetings are video-taped and the public has access to the video tapes, he stated that he knows a couple of occasions in which the video recording did not work. Commissioner Porfilio suggested that if an individual PZC commissioner wants a comment to be specifically in the minutes to request that the comment be in the meeting minutes.
MOTION CARRIED BY VOICE VOTE.
PUBLIC HEARING
PZ-1. Amendment to PUD, Amendment to Preliminary Development Plan/Preliminary Subdivision Plat; Rezoning of the R1 and R2 Districts, and Final Development Plan/Final Subdivision Plat for Phase 1 of Silo Bend (previously known as Steeple Chase Units 3 & 4) - (Case #2020-012)
City Planner, Kimberly Philips, presented the Staff report. The project will be divided into three phases. The amended preliminary plan just over 92 acres. Review of all the variances requested, including right-of-way, district maximum lot coverage, minimum front yard setback, minimum side yard setback, max impervious surface, corner side yard setback, minimum lot width, minimum lot size, maximum lot coverage, maximum and impervious surface coverage, required landscape, building elevations, street access, sidewalks, bike path, open space, lighting, and signage.
The plans reflect an increase in density and a change in layout, deemed to be major changes. A major change requires consideration of the Plan and Zoning Commission and the City Council. The findings of facts that were approved under the 2009 Special Use Permit for a Planned Residential Development still remain in effect Rezoning will be required and require a public hearing; the zoning districts will not be changed but will be reconfigured to allow a change in layout.
MOTION TO OPEN THE PUBLIC HEARING. MOTION MADE BY PORFILIO, SECONDED BY LIKINS, APPROVED BY VOICE VOTE. MOTION CARRIED BY VOICE VOTE.
Applicant, his team, and other members of the public, present for the public hearing on Silo Bend application were sworn in:
● Greg Collins – MI Homes, Naperville, Illinois
● Russ Whitaker – MI Homes, Zoning Attorney
● Javier Millan – MI Homes, Traffic Consultant
● Dave Gauger – MI Homes, Engineer
Greg Collins provided a brief history of MI Homes and Sagebrook, just west of the property. The layout is generally the same to the concept plan as presented last year. The Portfolio of homes includes 10 different home plans, 6 elevations each. The design will be similar to the Sagebrook subdivision. The lot sizes range from 9,500 to a minimum of 7,800 square feet to address a wide range of buyers. The design will include single-family homes, townhomes and ranch homes.
Public comments addressing the specific application up for a public hearing:
1. Donald Niven, 15460 167th Street – raised concerns about a lack of a buffer between the development and his home.
Applicant (Greg Collins) response: Outlot M, South of Lot 56 was an outlot created to support a detention pond. There is a 20 foot outlot, and a side yard for a total of nearly 27 feet buffer between the homeowner’s garage and the property. The buffer is intended for use as a detention pond. The outlot will be deeded to and maintained by the HOA for detention pond and stormwater.
2. Barry Lang, 5164 Victoria Crossing – raised concerns of the Victoria Crossing retention pond on the East border of the development.
Response from Bob Schmude: A large storm swale has been designed between the property line and the bike path to flow the water to the south thru the southeastern basin.
Applicant (Greg Collins): Stormwater tiles will be incorporated into the stormwater design. to the repair to culverts on 167th also address the problem of the current stormwater design.
3. Written comments provided by Bruce Kozlowski (unable to attend tonight’s meeting due to COVID), 15433 W. 163rd adjacent to the development raised concerns include ground water, back patio size, access to his property.
MOTION TO CLOSE THE PUBLIC HEARING. MOTION MADE BY PORFILIO, SECONDED BY LIKINS, APPROVED BY VOICE VOTE. MOTION CARRIED BY VOICE VOTE.
The following was discussed by the members of the PZC:
Storm water concerns. Commissioner Profilio raised concerns about when the ponds are dry, as a possible breeding ground for mosquitos and showing ugly dirt. City’s outside engineer consultant, Bob Schmude informed that the ponds are wetland bottom, shallow ponds and a lot of water movement thru the basins There is a flood plain on the property in the Northwest Corner; a lot of water moves thru the site. 9 separate basins exist on this property. Commissioner Porfilio asked if there was a policy regarding minimum depth. The City does not have a policy when it is a wetland bottom pond.
Commissioner Porfilio voiced concerns regarding that this development plan includes a long list of variances; concern about the number of variances included and when the development would be presented to final engineering. Is there a policy on whether the number of variances require the plan go through preliminary plan approval instead of having both the preliminary and final plans go through at once. Director Thies responded the variances were codified as part of the annexation and consistent with the entitlements for the property. The architectural guidelines for Steeplechase provided the items previously agreed to. Commissioner Porfilio asked questions about front yard setback variance. The front/rear yard setbacks are an item of contention. Chairman Oxley stated that he does not agree with the 25 foot setback; 30 feet has been the standard. With a 25 foot setback, residents have had issues with vehicles extending over a sidewalk resulting in tickets. The blocking of the sidewalk also causes safety concerns, for children and people that need to walk out into the street to get around the vehicle.
Director Thies commented about the design of the townhomes and common space is distributed to the townhome owners. The distribution of the townhome ownership are fee simple lots.
Commissioner Porfilio asked and Planner Phillips addressed the definition of what a “major” change is and what requires a public hearing. The type of change such as density would dictate the type of amendment.
Commissioner Porfilio voiced his concerns about the number of school-age children that are expected, and the impact to nearby schools. The City Staff has held meetings with 33C to discuss the development, types of homes, timeline of the development and confirming that this development would be on the agenda for tonight. The quantity of lots/units has been known for 11 years. GIS information has been provided to 33C so that they can generate plan projections. Based on the school planning table, the developer expects a possible 150 students in the single-family homes and 20 students in the townhomes.
Question about the vinyl siding; it will be the same siding as used in Sagebrook, and on one elevation.
Concern about the earthwork activity, and the resulting dust to nearby neighbors. The Developer is planning to follow stabilization practices to minimize impact.
Issues yet to be addressed include: stop signs, stop bars and crosswalks for all intersections; add a water main loop to 163rd and 12 inch water main; add a multi-user path on West side of 163rd; and working thru the conveyance for 100 year overflow.
The Applicant has agreed to loop the water line and build the roads to City’s specification. The Applicant will be required to return to the Plan & Zoning Commission for future Phases.
MOTION TO ADOPT THE FINDINGS OF FACTS AS PRESENTED TO RECOMMEND THE APPROVAL OF THE AMENDMENT TO SPECIAL USE PERMIT FOR A PLANNED RESIDENTIAL DEVELOPMENT WITH REZONING OF THE R1 AND R2 ZONING DISTRICTS. MOTION MADE BY PORFILIO, SECONDED BY WHEELER. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: Chairman, Dave Oxley
Commissioner, Ken Shepard
Commissioner, Scott Likins
Commissioner, Brent Porfilio
Commissioner, Janine Wheeler
Commissioner, Matt Garland
NAYS: NONE
MOTION TO APPROVE THE AMENDMENT TO PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN; AND FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR PHASE 1 OF SILO BEND, SUBJECT TO THE FOLLOWING CONDITIONS:
1. PRIOR TO THE COMMITTEE OF THE WHOLE MEETING, THE UNADDRESSED ITEMS ON THE ENGINEERING REVIEW MEMO #2 DATED OCTOBER 1, 2020 ARE COMPLETED.
2. OWNERSHIP CONDITIONS OF THE PARK SITE WILL NEED TO BE FINALIZED PRIOR TO CITY COUNCIL APPROVAL.
3. PRIOR TO CONSTRUCTION, A FINANCIAL GUARANTEE FOR ALL PUBLIC AND PRIVATE SITE IMPROVEMENTS, IN ACCORDANCE WITH THE CITY’S DEVELOPMENT CODE SHALL BE SUBMITTED TO THE DIRECTOR OF PUBLIC WORKS AND ENGINEERING.
4. PRIOR TO CONSTRUCTION, THE REQUIRED ENGINEERING INSPECTION FEES, IN ACCORDANCE WITH THE CITY’S DEVELOPMENT CODE SHALL BE SUBMITTED TO THE DIRECTOR OF PUBLIC WORKS AND ENGINEERING.
MOTION MADE BY PORFILIO, SECONDED BY WHEELER. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: Commissioner, Ken Shepard
Commissioner, Scott Likins
Commissioner, Brent Porfilio
Commissioner, Janine Wheeler
Commissioner, Matt Garland
NAYS: Chairman, Dave Oxley – rejecting the project due to issues with the setbacks, lot coverage and the right-of-ways
NEW BUSINESS
Director of Community & Economic Development, Lance Thies – reminder for the combined meeting with City Council next week, on October 21.
ADJOURNMENT
MOTION TO ADJOURN WAS MADE BY COMMISSIONER PORFILIO, SECONDED BY COMMISSIONER LIKINS, AT 8:03 PM. VOICE VOTE ON THE MOTION. MOTION CARRIED.
https://lockport.granicus.com/DocumentViewer.php?file=lockport_d6e6472073797506daab5a198b3ff152.pdf&view=1
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