TOWN OF NORMAL PLANNING COMMISSION MINUTES THURSDAY, MARCH 7, 2013, 5:00 P.M. REGULAR MEETING UPTOWN STATION, CITY HALL COUNCIL CHAMBERS 11 UPTOWN CIRCLE, NORMAL, IL Members Physically Present: Mr. Boser, Ms. Lorenz, Mr. McFarland, Mr. Bradley and Mr. Zimmerman Members Absent: Mr. Feid and Mr. McBride Others Present: Mr. Karplus, Deputy Corporation Counsel, Mr. Troemel, Director of Inspections, Ms. Davison, Town Planner, Mr. Brown, Town Engineer and Ms. Elgin, Office Associate Call to Order: Chairman Boser called the meeting to order at 5:00 p.m. and noted that a quorum was present. Approval of Minutes: Mr. Bradley moved, seconded by Mr. McFarland, to approve minutes of the January 10, 2013, meeting. Motion carried 5-0. Public Hearings: a. 13-03-04-PC: Land Use Matters Pertaining to an Amended Annexation Agreement Detention Basins, Franklin Heights (NW Corner of Ft. Jesse and Towanda Barnes Road) Ms. Davison reviewed the staff report. She said that the property is Franklin Heights Subdivision located on the northwest corner of Ft. Jesse Rd and Towanda Barnes Rd. Currently the annexation agreement says when Franklin Heights is annexed and the detention basins are accepted by the Town, they will be owned and maintained by the Town of Normal. The developer is proposing that they be privately owned and that the bond be released. Typically the bond is held until the improvements are accepted by the Town. These are wet bottom basins and are an amenity to the subdivision. It is not uncommon that they are privately owned. Mr. Bradley asked what other detention basins were privately owned. Ms. Davison said that Northbridge had privately owned basins and there are also some on commercial properties. Mr. Brown said that Ironwood, Park West and Eagles
PLANNING COMMISSION MINUTES 2 MARCH 7, 2013 Landing, which was recently acquired, are Town owned. Most all of the others are privately owned. Mr. Bradley asked why Eagles Landing was recently acquired. Mr. Brown said that it was a request by the developer and went to Council for approval. Mr. McFarland said that the burden was off of the town because of cost. He asked if there were any other negatives from allowing the developer to do this. Mr. Brown said that he could think of no other negative reasons. Mr. McFarland asked if there had ever been a problem with privately maintained basins. Ms. Davison said that if they were publicly owned, they could be allowed public access. If it remains private, then public access can be denied. Mr. McFarland asked if there would be a trail in Franklin Heights like the one in Blackstone Trails. Ms. Davison said that there is not a public trail system, but she thought there was a trail. Mr. Brown said that Blackstone Trails will be Town owned when they are up to Town standards. Mr. Bradley asked if the Town would have any liability if we annex property and the basins do not meet Town standards. Ms. Davison said that their purpose is to detain water and they are doing that so there should be no liability. Mr. Karplus said that they are meant to detain water and if they stop serving that function and there is a flood, generally there is no liability because there is no liability for not having basins. It helps our flood waters to have detention. Mr. Brown said that there are two issues with basins. They are meant to detain water. Even if there is erosion, they will still detain water as long as the erosion is not that it becomes higher than the normal elevation of the basin, it is still functioning. Water quality and aesthetics are another issue. They can be an amenity for the subdivision. Mr. Bradley said that the staff report stated that the streets meet Town standards, but the detention basins do not. Ms. Davison said that the Town is not to the point to access the basins. We will be doing an analysis at the time that we would be taking them over which could be years from now. Mr. Brown said that today, we would not accept them as they are. As far as detention is concerned, they are built to our standards and are functioning fine. As far as shoreline protection, that is another issue. Chairman Boser asked if they were structurally fine. Mr. Brown said that as far as storm water detention, they are doing that. Mr. Mike Parker, 755 Serenity Blvd., Normal, IL, was sworn in by Chairman Boser. Mr. Parker asked if there was any advantage for the amendment as far as the homeowners are concerned. Would they be held liable upon annexation. Ms. Davison said that the advantage would be that they would be totally under their control. The Property Maintenance Code would apply upon annexation and would be their liability. Mr. Parker asked if the subdivision were annexed, would there be any course of action for aesthetics. Ms. Davison said that it is a P.U.D. and there is a plan that shows that the shoreline is vegetative. It would be expected to be maintained as any other common green space. Mr. Parker asked if there was anything that said that there had to be a park like setting. Ms. Davison said that she did not know if that
PLANNING COMMISSION MINUTES 3 MARCH 7, 2013 was in the agreement, but it was clearly meant to be an amenity. Chairman Boser said that the annexation agreement is available to the public. Mr. Troemel said that there was most likely nothing in the annexation agreement that says a park like setting, but it was clearly meant to be a decorative basin and be an amenity. We would expect it to be maintained as any other decorative basin in Town. Mr. Parker asked about maintenance of the roads. Ms. Davison said that once the subdivision is annexed, the Town will take over maintenance of the roads. The Town already maintains the water and sewer service. Mr. Brown said that we currently maintain the water and sewer and the roads are either maintained by the developer or Towanda Township. The Town as told the County that the streets were built to our standards, but they have not been accepted because they are not ours to accept. He said that they are township roads. Ms. Lorenz asked Mr. Parker if he had concerns in regard to his questions. Mr. Parker said yes, he wants things to be as he was told when he bought the home. He wants to see the park like setting, to see the streets be maintained normally and to see the basins be maintained normally. If there is an erosion problem, he would like to have it corrected. If it grows up in weeds, then he wants that corrected. If the amendment is going to compromise the original agreement that he had when he moved in, he does not want it approved. He said that he did not see any advantage as a homeowner to have the amendment passed. Chairman Boser said that the same requirements for the P.U.D. would still apply whether it is public or private. Ms. Davison said that this is unusual in that it is so far out that it will be annexed. Mr. Troemel said that our hands are tied in regard to maintenance issues until it is annexed. The agreement allowed for inspection of the buildings so that they will be up to code when annexed. Mr. Troemel said that we are 12 to 13 years into the agreement. It is a 20 year agreement and it could expire before annexation. Mr. McFarland said that he realized that their recommendation is not binding by Council. He said that if they make a positive recommendation to Council, they are helping the developer that may not be helping the people that have entrusted that person when they first purchased their property. He said that he finds it difficult to give a positive recommendation to help the developer. Mr. Todd Replogle, 3940 Renaissance, Normal, IL, was sworn in by Chairman Boser. Mr. Replogle asked when anyone was last out there to inspect the area. Chairman Boser said that the development is not in the Town. Mr. Troemel said that he has not been there to inspect the basins. Ms. Davison said that she has and knew what he was talking about. Mr. Replogle said that he had bought his property based on the marketing of the developer. He asked about the bond. Mr. Brown said that it is 2% of the value of the improvements. Ms. Davison said that there were so few people living there now, the maintenance would be a burden on them. The Town is not
PLANNING COMMISSION MINUTES 4 MARCH 7, 2013 going to be annexing the subdivision anytime soon. Mr. Replogle expressed concerns regarding upkeep of the subdivision and promises made by the developer. He said that street lights are being turned off. Mr. Bradley asked if the County found the basins to meet their standards. Mr. Troemel said that the basins were there and hold water, but there is not the detail of the P.U.D. Ms. Davison said that she would verify who from the County approved them. Mr. Frank Koe, 1905 Hackberry, Bloomington, IL, was sworn in by Chairman Boser. Mr. Koe said that he had started developing the property in 2006. There are 12 houses there now. Development has been slow. He maintains the property. He mows and cleans the sewer. Homeowner dues are $250. This does not pay for the lights. The amendment will turn the basins over to him. He will have control. If they are public, he will not have control. The Town does not allow boating or swimming in basins. He said that he would like to keep them private. Some of the homeowners did not respond to his notification. If the lakes are private, it would not stop the Town from accepting them. There will be no cost to the homeowners. Mr. Koe said that his company, Big Tiger Enterprises, will be responsible. He said that the bond money is his money. Once the Town of Normal accepts the subdivision, after two years the bond money is released. Mr. Parker said that he was glad to hear that he will not be liable for the basins. He expressed concerns regarding the park like setting, erosion along the banks, and having grass instead of rip-rap. Mr. Troemel said that the Town will not consider accepting the basins until the subdivision is annexed. They would not be accepted today. The Town has no authority at this time. Chairman Boser said that this is an amendment to the annexation agreement. The basins shall be maintained by the owner, homeowners association or some other owner. There was no one else to speak regarding the application and the public hearing was closed. Mr. McFarland moved, seconded by Mr. Bradley, to recommend approval to Council as stated in the staff report, striking that the homeowner s association would be liable. Ayes: Mr. Boser Nays: Ms. Lorenz, Mr. McFarland, Mr. Bradley and Mr. Zimmerman Motion denied.
PLANNING COMMISSION MINUTES 5 MARCH 7, 2013 Ms. Davison said that this application will be heard at the April 1, 2013, Council meeting. b. 13-03-05-PC: Zoning Map Amendment, Trails on Sunset Lake (SE corner of Airport and Shepard) c. 13-03-06-PC: Amended Preliminary Plan, Trials on Sunset Lake (SE corner of Airport and Shepard) Ms. Davison reviewed the staff report. She said that there have been many homes built at Trails on Sunset Lake. The single-family lots in the area are R1-A. The subject property is currently zoned R1-A Single-family and R2 Mixed Residential. Adjacent properties are zoned agricultural to the east and west, B1General Business, R-3A multi-family or R2 Mixed Residential to the north and R1-A to the south. The request is to change everything to the north of the final platted area to R1-B zoning. They will still have trail connections. There are no changes proposed for the area south of the current platted area. Mr. B.J. Armstrong, 3719 Yellowstone, Normal, IL, was sworn in by Chairman Boser. Mr. Jim O Neal, 8 Derby Way, Bloomington, IL, was sworn in by Chairman Boser. Mr. Armstrong said that the subdivision had been under construction for three years. There have been market shifts during that time. They have taken out most of the R2 zoning and wish to expand the single-family area. These will be luxury style homes with the size of the lots being more manageable. Mr. O Neal said that the west side has more green space and is less dense. Ms. Lorenz asked what the plans were for the area on the east side. Mr. Armstrong said that he did not know at this time. They could still some multi-family. Mr. Zimmerman asked if the 25 rear yard setback was to increase home sizes. Mr. Armstrong said that it provided flexibility. Mr. O Neal said that it would allow a sunroom without a variation. Mr. Bradley said that there had previously been some concern regarding the length of the cul-de-sacs and he was glad to see one eliminated. Ms. Davison said that one of the cul-de-sacs was still there, but there are fewer homes with the elimination of the duplexes. Mr. Erik Bush, 309 Ironwood CC Dr., Normal, IL, was sworn in by Chairman Boser. Mr. Bush asked about the change in density. Mr. Troemel said that the number of homes would be reduced by 7.
PLANNING COMMISSION MINUTES 6 MARCH 7, 2013 Other Business: None Adjournment: There was no one else to speak regarding the application and the public hearing was closed. Ms. Lorenz moved, seconded by Mr. Bradley, to recommend approval of the Zoning Map Amendment to Council. Ayes: Ms. Lorenz, Mr. McFarland, Mr. Bradley, Mr. Zimmerman and Mr. Boser Nays: None Motion declared carried. Mr. Zimmerman moved, seconded by Ms. Lorenz, to recommend approval of the Amended Preliminary Plan to Council. Ms. Lorenz said that she was glad to see the long cul-de-sac gone. Ayes: Ms. Lorenz, Mr. McFarland, Mr. Bradley, Mr. Zimmerman and Mr. Boser Nays: None Motion declared carried. Ms. Davison said that the requests will be heard at the March 18, 2013, Council meeting. There being no further business, Ms. Lorenz moved, seconded by Mr. Bradley, to adjourn the meeting at 6:10 p.m. Respectfully submitted, Sheila Elgin Office Associate