Village of Wauconda Plan Commission/Zoning Board of Appeals met March 21.
Here is the minutes provided by the Board:
Call To Order:
Chairman Rob Fosness called the meeting to order at 7:00 p.m., and lead everyone in the Pledge of Allegiance.
Attendance:
Roll Call was taken:
Present Absent
Peter Graves X
Dave Jakubek X
Jeff Lockhart X
Brad Mayer X
Wade Meyer X
Ricardo Vega X
Rob Fosness, Chairman X
Village Staff & Village Consultants Present: Peter Karlovics of Rudy Magna Law, Village Attorney; Chris Miller, Director of Building, Planning & Zoning
Others Present: Nancy Burton, Steve Konters, Lacey Lawrence and others (see attached sign-in sheet).
Approval Of December 6, 2017 Minutes:
Chairman Fosness asked the Members if there were any questions or concerns with the December 6, 2017 minutes as drafted. A motion was made by Dave Jakubek, and seconded by Wade Meyer to approve the minutes as written. There was no further discussion and Chairman Fosness called for a voice vote. All Members present voted Aye and there were no Nays.
Public Hearing Zoning Case #18-01: Wauconda Park District Phil’s Beach Zoning Conditional Use Permit For A P.U.D. 600 N. Main Street: Chairman Fosness opened the Public Hearing and described the procedures that would be followed. Chairman Fosness requested all individuals who may present testimony or wanting to be heard regarding the petition to be sworn in. Attorney Karlovics administered the swearing in oath. Chairman Fosness asked Director Miller whether proper procedures for a public hearing were followed. Director Miller stated that notice of the public hearing appeared in the Daily Herald on March 5, 2018, and that the Village is in receipt of green cards receipts to property owners within 250 feet received notice of said hearing, and signs have been posted on the property. Director Miller also stated that a copy of the application has been available at Village Hall for review since public notice appeared in the newspaper. Nancy Burton, Executive Director for the Park District introduced Steve Konters and Lacey Lawrence both with Hitchcock Design Group whom the Park District hired to assist in preparing plans for Phil’s Beach. Mr. Steve Konters testified that the Park District held two community meetings to receive input from residents on uses and activities. Mr. Konters presented a Power Point Slide presentation and provided testimony describing the properties in question in addition to surrounding land use and zoning. The slides included the exhibits attached as part of the zoning application. Plats of Survey identified the property east of Main Street being approximately 6 acres in size. To the north is the Honey Hill Condominium development, to the south is a single family home and to the west is Main Street. Photographs of the site were presented showing a spillway in the south portion of the site. Photographs showing the north property line relationship to the Honey Hill Condominium were presented. One photograph showed a tall retaining wall with a board-on-board fence present on the Honey Hill property. The survey identified existing structures and fences. Mr. Konters testified the existing buildings, except for the single family home will be removed. He testified that the existing single family home will remain as a “Life Estate” for the family who sold the property to the Park District. Mr. Konters testified that the Park District will coordinate with the entity who maintains the spillway. Mr. Konters testified the District will maintain existing vegetation to the extent possible. Mr. Konters presented a second plat of survey for the westerly parcels and testified to the existing conditions. He testified there are floodway, floodplain and wetland associated with the Bangs Lake Drain which crosses and is adjacent to the Park District property. Mr. Konters testified that the District has met with Lake County Stormwater Management on a preliminary base to address issues associated with floodplain and wetlands. Mr. Konters testified that much of the existing vegetation will be removed to accommodate stormwater management requirements. Mr. Konters testified that the existing conditions including the Bangs Lake Drain dictated where access to Osage Street may occur. Mr. Konters presented the Application for Conditional Use P.U.D Permit and requested it be made a part of the hearing testimony. Chairman Fosness accepted the application. Lacey Lawrence testified to the “Master Plan” prepared for the use of the property. Ms. Lawrence testified that the Master Plan represents a unified development plan which includes: beach area, two structures one with concessions and storage, the second for restrooms with showers and changing room. There will be a board walk defining the beach area, a splash pool, a picnic pavilion, and picnic areas, pedestrian plaza, ticket hut, arbor with seating and a Life Estate. She testified that the existing fence along Main Street will be removed and replaced with a 6 foot tall ornamental fence. She testified the existing pavement will be removed and new pavement will be added to provide access for park users and emergency vehicles via a pedestrian plaza. Ms. Lawrence testified that there will be a 6 foot wooden fence placed along the south property line along with landscape plantings. She testified there will be bollards with chain installed along the limits of the life estate and there will be plantings to further delineate and separate the beach area from the life estate. Ms. Lawrence testified the westerly property will be improved with a parking lot setback from the neighbor’s property a minimum of 10 feet along the north property line. Adjacent to the neighbors will be a 6 foot wooden fence along with landscape. She testified that preliminary plans show a 40 space parking lot with access from Main Street and Osage Street. She testified there will be a sidewalk installed connecting Osage Street with Main Street and cross walks will be installed at both street crossing. She testified that flashing cross walk lights will be installed on Main Street. Ms. Lawrence presented slides included Preliminary Plans for parking, building locations, new driveway. She also showed plans for architecture and landscape improvements. Ms. Lawrence testified that the design of the architecture related to the historical character as existed when Phil’s Beach was open in the past. She also testified there will be historical story boards on the side of one of new buildings. Ms. Lawrence testified to the seven standards required to approve a Planned Unit Development. The standards along with how the plan meets the standards are contained within Section III of the zoning application presented to the Commission.
Members asked questions and requested clarification for: use of buildings, life estate, street crossing, flashing lights at street crossing, trash receptacles, parking, guardrails along drainage ditch on Osage Street, Army Corp permitting, Main Street fence, Emergency Access, Parking Lot Lighting, lighting within Beach area, use of parking area during off season and after beach closes, signage, hours of operation, impact upon two existing business on Main Street, Life Estate limits and means of delineation, drop-off location, building materials, fencing, splash pad, beach capacity, life guards. Will there be other uses for beach such as paddle boats, kakas, canoes, volley ball, beach parties, and music events? Nancy Burton, Mr. Konters and Ms. Lawrence answered the questions of the Commissioners. Emergency vehicles will be able to use the entry plaza to access the site in an emergency. They testified the buildings will be used in season, potential special events and for winter lake use activities. They testified a guardrail exists along Osage Street where the drain enters below Osage Street. They testified the District is in discussions with Lake County Stormwater Management and the Army Corp of Engineers. They testified that there will be lighting internal to the site associated with the buildings and plaza walkway. Security lighting is proposed in the parking area. There are no planned uses other than those shown on the Master Plan for the beach property, except for possible winter lake activities and potential special events. Signage will be consistent with the Village ordinance. Hours of operation will be from 11:00 am to 7:30 pm with exceptions for beach activities that may occur between 8:00 am and 11:00 am. Drop-off will be in the parking lot as there is insufficient area along Main Street. Solid wood fencing is proposed along the south property line on the beach side and along the north property line on the parking lot side. In addition a 6’ ornamental fence being installed along the entire length of Main Street. They testified the beach is rated for a maximum of 300 people and that in addition to the proposed 40 space parking lot parking will be available at the existing Park District facility and the District is coordinating with the School District to make the Junior High parking lot on Slocum Lake Road available for overflow parking, if needed. They testified three life guards are presently planned to serve the swimming area.
Chairman Fosness opened the hearing to public comment and testimony at 8:15 pm. Marybeth Jachec, residing at 150 Honey Hill Drive questioned fencing along the Honey Hill property line and testified that there exist a number of dead or dying trees that hang over the Honey Hill property line and existing fence. She requested the Commission make it a condition of approval that the Owner removes these trees. Chairman Fosness asked Nancy Burton if there would be any issue with such a condition. Nancy Burton indicated that the trees are on the Life Estate portion of the property which will remain under control by the Owner and not by the Park District. Mrs. Jane Johnson, residing at 308 N. Main Street, questioned noise and plans to control or limit noise. She also indicated there is a sight visibility issue where her driveway exists to Main Street caused by the existing fence and vegetation growing on the fence. Mrs. Johnson further noted there are a number of dead or dying trees along her property line shared with the property in question. Mrs. Johnson requested that the Beach be closed at 6:30 pm. Mr. Steve Johnson, residing at 308 N. Main Street suggested metal posts be used when constructing the wood fence along his property line. He also requested night activities; if any end by 8:45 pm. Mr. Johnson noted he was pleased with the overall Master Plan for the property. No further public questions or comments were given and Chairman Fosness closed public comments at 8:45 pm.
Chairman Fosness asked the Commission Members for discussion on possible conditions to accompany a recommendation to approve the applicant’s request. Attorney Karlovics assisted the Commission in formulating conditions of approval. Seven conditions were identified.
1. A Plat of Dedication must be prepared and the 33 foot right-of-way located within Main Street must be dedicated to the Village.
2. An easement must be granted over the storm sewer area and spillway area extending between Bangs Lake and Main Street.
3. Final improvement plans and building plans must be submitted and reviewed for compliance with applicable Village Codes, including, but not limited to, the Stormwater Management Ordinance.
4. The Park District portion of the Subject Property, not subject to a life estate, must be developed in substantial conformity with the submitted Phil’s Beach “Master Plan,” with an issue date of January 23, 2018 (hereinafter “Master Plan”), and the submitted Phil’s Beach “Preliminary Plans” dated March 2, 2018 (hereinafter “Preliminary Plans.”
5. Solid wood fence must be installed along the southern property line of the Subject Property, which shall stop five (5) feet from the “6ft Ornamental Fence” depicted in the Master Plan (hereinafter “Ornamental Fence”). In the area of the above five (5) foot gap between the above end of the solid wood fence and the Ornamental Fence, an extension of the above Ornamental Fence shall be installed, connecting to the Ornamental Fence running along the west property line of the Subject Property to the above solid wood fence.
6. All vegetation along the south property line of the Subject Property, which is dead, of an invasive species, or of poor quality, in the judgment of the Village’s Director of Building, Planning & Zoning, shall be removed from the Subject Property.
7. A minimum six (6) feet of a landscape buffer of bushes and other screening vegetation shall be installed along the south property line of the Subject Property, with a gap of five (5) feet from the Ornamental Fence, all as approved by the Village’s Director of Building, Planning & Zoning.
Chairman Fosness asked the Members whether they had any further questions or whether they were ready to vote. There was no further discussion. Member Brad Mayer made a motion to recommend approval of the Conditional Use and Planned Unit Development application subject to the seven conditions listed above. Member Dave Jakubek seconded the motion. Chairman Fosness called for a roll call vote: Roll Call was taken:
Aye; Nay
Peter Graves X
Dave Jakubek X
Jeff Lockhart X
Brad Mayer X
Wade Meyer X
Ricardo Vega X
Rob Fosness, Chairman X
The motion passed 7 ayes to 0 nays.
Chairman Fosness requested Staff to prepare Written Findings of Fact and Recommendation of the Plan Commission/ZBA to the Village Board for review at the April 4, 2018 Plan Commission/ZBA meeting.
Announcements: No announcements.
Adjournment:
A motion to adjourn was made by Member Mayer, and seconded by Member Vega. Chairman Fosness called for a voice vote, and all Members voted in favor, none were opposed. The meeting adjourned at 9:15 pm.
http://wauconda-il.gov/AgendaCenter/ViewFile/Minutes/_03212018-416