A favorable recommendation to the City Council is requested.

Transcription

1 To: Sycamore Plan Commission From: Brian Gregory, City Manager Date: October 8, 2015 Re: October 12, 2015 Plan Commission Meeting The Plan Commission has two action items. A. Consideration of a request from Wendler Engineering on behalf of the owner PT Capital LLC and Steven Glasgow to vacate a section of the right-of-way on the northeast portion of the property located at 1513 DeKalb Avenue (P.I.N ) along Coltonville Road and the dedication of right-of-way on the eastern edge of the property near the intersection with Route 23 in the City of Sycamore. Earlier this year, PT Capital LLC purchased the property located 1513 DeKalb Avenue. The property is the former site of the Tallitsch Ford and Sycamore Mitsubishi car dealerships. The owners intend to rehabilitate the existing building on southwest side of the property to be used for medical purposes. When the property served as a car dealership the majority of the inventory was stored on the paved area on the northeast portion of the property. The owner intends to develop this portion and has expressed an interest in acquiring the right-of-way within the paved area. The City acquired the right-of-way when jurisdiction of Coltonville Road was transferred by DeKalb County in the 1990 s. In considering the request, staff reviewed existing utility locations and sent letters to determine if any of the utility companies objected to vacating the right-of-way. At the time of writing, none of the utilities have expressed concerns with the proposed.21 acre vacation area as shown below in yellow. The area will include the dedication of a 10 foot utility easement along the northwest portion that is being vacated. During the review, staff noted that the right-of-way along the north and northwest side of Coltonville Road was robust, however the area dedicated to the northeast side near the intersection was restrictive. As a result, staff requested that the.10 acre area shown in green on the map below be dedicated as City right-of-way. 1

2 As a result of this proposed exchange of right-of-way, the property will better be able to accommodate additional commercial development and the City will have flexibility in terms of right-of-way to work with near the intersection of Coltonville Road and Route 23. A favorable recommendation to the City Council is requested. B. Consideration of Annexation Agreements in regard to the Zoning Classification and Annexation to the City of Sycamore, Illinois, of property comprising approximately acres of land generally situated South of North Grove Road, West of Brickville Road, and North and West of Motel Road and extending West of Brickville Road a distance of approximately 4, feet at maximum, in Mayfield and Sycamore Townships, DeKalb County, Illinois. In February 2011, the City Council approved the Northwest Sub Area Plan to provide for a rural conservation subdivision west of Motel Road shown on the City s Future Land Use Map as rural residential. This land use designation was intended to recognize the existence of areas within the City s mile-and-a-half planning jurisdiction that already have an established rural residential character, and which might see the development of additional, large-acre home sites utilizing individual wells and individual septic tank absorption fields. Given the properties are surrounded by agricultural uses, this type of development would create a blended edge that fades into the adjacent rural landscape and defines the edge of the City s northwest planning quadrant. 2

3 The Northwest Sub Area plan led to the creation of a unique zoning district designation, identified as R-4 rural residential, to accommodate very sparse housing and some non-commercial animal husbandry. Given that the properties within the rural residential area are controlled by multiple owners the pace of potential annexation was unknown when the Northwest Sub Area Plan was established. Any annexation of properties needs to be contiguous to the existing City limits. Since the Northwest Sub Area Plan was established in 2011, the respective property owners have expressed varying levels of interest in annexing to the City. In recent months, the property owners approached the City to craft an annexation agreement that would define the zoning as R-4, Rural Residential and guide the ultimate annexation and development of the properties. It is proposed that the subject properties be zoned, upon annexation to the City, in the R-4 zoning classification of the current zoning chapter of the Sycamore Unified Development Ordinance, comprising Rural Residential District permitted uses not requiring a Special Use Permit or variance unless subsequently applied for and approved by the City Council. WHAT IS R-4, RURAL RESIDENTIAL ZONING? The attached annexation agreements define the zoning for the properties as R-4, Rural Residential. This zoning designation is consistent with the City s Northwest Sub Area Plan. The Unified Development Ordinance defines and outlines R-4 zoning and development requirements as follows: RURAL RESIDENTIAL DISTRICT (R-4) According to the City s Unified Development Ordinance the Rural Residential District is established to define appropriate guidelines for development in the rural residential area comprising the Northwest Sub-Plan Area that was approved by the Sycamore City Council on February 7, This area is bounded on the south by Freed Road, on the west by the east branch of the South Branch of the Kishwaukee River, on the north by North Grove Road, and on the east by the Koehling Farm adjacent to Brickville Road. This sub-area comprises approximately 370 acres and presently features small farms, a local church, and a well-established hunting and fishing preserve, close to single family housing that was established with a rural character within the DeKalb County political jurisdiction in the 1970s. In this area, low density single family housing was developed on one-to-five acre lots with individual wells and septic tank absorption fields, utilizing rural County road designs that feature ditches to convey storm water runoff. It is the City s intent that parcels within this sub-area shall be annexed in a sequential and orderly fashion, and that they shall retain their rural character so as to constitute a final planning edge to the community s northwest side. Accordingly, lot sizes shall be a minimum of three (3) gross acres (0.33 units per gross acre). These lots will not be large enough to support commercial agriculture, but will be large enough to permit private stables and accessory buildings for a limited number of horses or other livestock. The map symbol for this district shall be R-4. LOT DEVELOPMENT STANDARDS Minimum Lot Width: 250 foot minimum Minimum Lot Depth: 400 feet Minimum Lot Area: Three gross acres. A guesthouse may be constructed as a separate building on a lot of four (4) or more gross acres and must be located behind the rear building line of the principal residence. 3

4 Front and Corner Side Setback: 50 feet Side Yard Setback: 25 feet on interior lots. A minimum of 25 feet must be provided between a driveway and a side lot line. Rear Yard Setback: 50 feet. Lot Coverage (maximum): 30% Frontage Look : Porch, Fence, Stoop, Forecourt, Dooryard ACCESSORY BUILDINGS Detached Private Garages. Detached private garages may be constructed in rear yards for the storage or shelter of motor vehicles with no facilities for mechanical service or repair of a retail nature. All licensed vehicles, trailers, boats and recreational vehicles shall have permanent enclosed garage space. Such buildings may not exceed thirty-five (35) feet in height or two thousand five-hundred (2,500) square feet on the first floor level. Detached private garages may exceed 2,500 square feet by special use only. Private detached garages shall not be closer than fifty (50) feet from the rear and side lot lines. Private Stables and Livestock Buildings. Private stables and livestock buildings may be constructed in rear yards and shall not be closer than seventy-five (75) feet from the rear or side lot lines. The stalls in a private stable or livestock building shall be a minimum of ten feet by twelve feet (10 x 12 ). On a three acre parcel, a maximum of five hundred square feet may be in the first floor area of a stable or livestock building. For each additional acre over three acres, the first floor area may be increased by two hundred and fifty (250) square feet. Private stables or other livestock buildings in excess of one thousand (1,000) square feet on the first floor area shall require a special use permit. Guesthouses. Guesthouses may be constructed in rear yards on a lot of four (4) or more acres. The ground floor area of the guesthouse shall be a maximum of one thousand (1,000) square feet. A guesthouse must be a minimum of fifty feet (50 ) from the rear and side lot lines and a minimum of fifty feet (50 ) from the principal residence. A guesthouse shall have a maximum of two stories and a maximum total living space of one thousand six hundred (1,600) square feet. The ground floor area of a guesthouse shall not exceed fifty percent (50%) of the ground floor area of the principal residence on the lot. Other Accessory Uses. Tennis courts, swimming pools and accessory uses other than private stables, livestock buildings and guest houses shall be in rear yards only, and shall be no closer than twenty-five (25) feet from a side or rear lot line. VERTICAL STANDARDS Maximum Height: 35 feet; 3 stories. Fences: Refer to Article 6.2. BUILDING USE STANDARDS Ground Floor: Residential. Minimum first floor living area: 1,800 sq. ft. Upper Floor(s): Residential Building Entrance Typically Faces Front 4

5 Each dwelling unit shall be serviced with its own water service line, building sewer line, sump pump line and all other utility lines and extensions. A subdivision plat shall be prepared in accordance with Articles 4.4 and 4.5 of this Code and approved simultaneously with the Special Use Permit. PARKING STANDARDS In addition to the requirements set forth in Article 6.7: Covered Parking: Required (except for guest parking). WHEN AND HOW WILL THESE PROPERTIES DEVELOP? In addition to the zoning classification, development related issues are addressed in the draft annexation agreements. Included among the issues outlined in the agreements are the order of parcels to be annexed, codes and development fees, which City services (excluding sewer and water) shall be supplied to territory as it is annexed, whether internal roads shall be public or private, and the standard to which adjacent public roads shall be maintained. ORDER OF ANNEXATION Each property owner has submitted a draft annexation agreement for consideration. The property owners acknowledge that the draft agreements are being submitted contemporaneously with the other agreements that make up the entire tract, a total of acres. City Council approval of the agreements should be considered in the appropriate order so that contiguity would exist for all properties acceptable for annexation. The annexation agreement does not annex the property, rather serves as a guide for annexation. Annexation will not occur until the owner of part of the entire tract is prepared to annex, plat, and have a building permit issued. At that time, all owners required to establish contiguity shall submit for annexation to the City. From there, a petition for annexation shall be filed and the City will begin the process to validly annex the property to the City. This process includes platting of the property or properties as a Planned Unit Development (PUD) as required by the City s Unified Development Ordinance (UDO). CODES AND DEVELOMENT FEES The owner agrees to comply with all codes and ordinances currently in effect and as amended from time-to-time for properties zoned R-4. Any existing structure or building will be allowed to remain while any new structure or improvement must comply with all applicable City codes and ordinances. The owner will be required to pay current annexation fees for properties zoned R-4 at the time of final platting and consents to the establishment of a fee of $2,500 per acre. This represents 5/6 ths of the current fee of $3,000 of which 1/6 th is deposited in the City s sewer fund for system maintenance. These properties will not be covered by City sewer, therefore the reduction of the portion dedicated for the sewer system. The establishment of the annexation fee for R-4 zoning will require Council action and can be amended from time-to-time. 5

6 The owner is required to make all cash or land donations as required by City Ordinance. Additionally, the owners will file a petition to annex to the Park District contemporaneously with and as a condition of annexation to the City. This will occur at the time of final platting and annexation. CITY SERVICES Private wells will be utilized to provide water for drinking and bathing. If properly planned and inspected within County Health Department standards these three acre lots would not pose any inherent public health hazard. The area will not be served by Sycamore s gravity driven sewer system. Private sewage disposal systems would be utilized within DeKalb County Health Department standards. When the Northwest Sub Area was contemplated, it was assumed that these properties would be serviced by private well and septic. The City will provide police, fire, ambulance and refuse and recycling services along with services and maintenance for public streets adjacent to the property. STREETS, STORMWATER AND COMMON AREAS Streets constructed within any development on the property shall be privately constructed and maintained by the owner(s) of the land in the development. The City will be required to provide services for portions of Brickville, Motel and North Grove Roads when the adjacent properties are annexed. The City does not intend nor is required to upgrade these roads to include curbs, gutters, base, and topcoat. The developer is required to establish a homeowners association for each development, or for the entire tract to assume the responsibility for maintaining the streets within the development(s), and for snow removal, for the maintenance of storm water improvements and drain tiles, for street lights, and for other common areas. In the event that any homeowners association fails to maintain or repair its streets within a month after notice from the City that such streets are in need of maintenance or repair, the City may, but shall be under no obligation to, make such repairs or perform such maintenance, and establish a special service area, and assess the owners of the lands within such development for all such costs incurred. The owner will locate all drain tiles in any development subject to requirements imposed by the City Engineer to ensure that both tile flow and overland drainage are appropriately managed. In addition, easements for utilities shall be included on all final plats, and shall extend to the boundary line of any development, to allow for extension of services to adjacent portions of the property. This includes an area of forty (40) feet from the center line contiguous to any public road adjacent to the property for the purpose of road widening or the installation of utility services and an additional ten (10) feet outside said forty (40) foot area, for utility purposes. 6

7 PROPERTIES Notice of a Public Hearing at the October 12 th Plan Commission Meeting and the October 19 th City Council Meeting was published in the local newspaper on September 25, In addition letters were mailed to neighboring properties within 500 feet and signs were posted on the property. The Public Hearing at the Plan Commission level will address zoning classification and development related issues contained in the draft annexation agreements. A finding of fact for each parcel will be submitted along with a recommendation to the City Council. The properties are listed below in the appropriate order necessary to establish contiguity with City limits. Each property owner is petitioning for R-4 zoning and a copy of the draft annexation agreement for each is attached. The City Council will consider each petition separately, therefore a recommendation is requested for each of the parcels in the order listed below. KATHERINE J. KOEHLING PROPERTY PIN: Part of Owner: Katherine J. Koehling (f/k/a Katherine J. Flink) Legal Description: Part of Assessor s Lots Thirty-six (36) and Eighty-six (86) and all of Assessor s Lots 83, 84 & 85 situated in the East Half (E1/2) of the Northeast Quarter (NE1/4) of Section Nineteen 7

8 (19), Township Forty-one (41) North, Range Five (5) East of the Third (3rd) Principal Meridian, DeKalb County, Illinois, described as follows: Beginning at the Southwest corner of said Lot Eighty-five (85); thence Northerly, along the West line of said Lots 36, 83, 84 & 85, a distance of feet; thence Easterly, parallel with the North line of said Lot Thirty-six (36) and the Easterly extension thereof to a point on the East line of said Lot Eighty-six (86); thence Southwesterly, along said East line to the Southeast corner thereof; thence Westerly, along the South line of Lots 86 & 85 to the Point of Beginning. Common Address: Part of Brickville Road, Sycamore, Illinois RICHARD & JANE HOFFMAN PROPERTY PIN: Owners: Richard L. Hoffman Declaration of Trust dated 12/30/1998 and Jane T. Hoffman Declaration of Trust dated 12/30/1998 Trustees/Beneficiaries: Richard L. Hoffman and Jane T. Hoffman Legal Description: The East 31.8 acres being the East feet of the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section Nineteen (19), Township Forty-one (41) North, Range Five (5) East of the Third (3rd) Principal Meridian, DeKalb County, Illinois, EXCEPTING THEREFROM the South feet thereof, AND ALSO EXCEPTING THEREFROM the Easterly 99 feet of the Northerly 99 feet of said East 31.8 acres used as a site for a school house; situated in the County of DeKalb, State of Illinois. ALBERT & LOIS HOFFMAN PROPERTY PINs: , , , and Owners: Trust No dated 02/16/1996 and Trust No dated 02/16/1996 Trustees/Beneficiaries: Lois M. Hoffman, The National Bank & Trust Company of Sycamore, as Trustee, Gary Hoffman, Richard Hoffman, Barry Hoffman, and Daniel Hoffman Legal Description: Part of the Northwest Fractional Quarter (NW frac ¼) of Section Nineteen (19), part of the Northeast Quarter (NE1/4) of Section Nineteen (19) and part of Lot 24 in Section Nineteen (19), all in Township Forty-one (41) North, Range Five (5) East of the Third (3 rd ) Principal Meridian, DeKalb County, Illinois, described as follows: Beginning at the Southeast corner of the Northwest Fractional Quarter (NW frac ¼) of said Section Nineteen (19); thence West, along the South line thereof, chains; thence North parallel with the West line of said Section to the Northwest corner of Lot Twenty-four (24) in Assessor s Division of said Section Nine (9); thence Easterly, along the North line thereof, and along the Easterly extension of said North line to a point, feet West of the East line of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of said Section Nineteen (19); thence South parallel with said East line to a point feet South of the Northeast corner of the Northwest Quarter (NW1/4) of said Section 8

9 Nineteen (19) as measured along said East line; thence Easterly, parallel with the North line of the Northwest Quarter (NW1/4) of said Northeast Quarter (NE1/4), feet to a point on said East line; thence Southerly, along said East line to the Northeast corner of the Southwest Quarter (SW1/4) of said Northeast Quarter (NE1/4); thence Westerly, along the North line of the Southwest Quarter (SW1/4) of said Northeast Quarter (NE1/4), feet; thence Southerly, parallel with said East line to a point feet North of the South line of the Southwest Quarter (SW1/4) of said Northeast Quarter (NE1/4); thence Easterly, parallel with said South line to a point feet West of said East line; thence Southerly, parallel with said East line, feet to a point on the South line of the Southwest Quarter (SW1/4) of said Northeast Quarter (NE1/4); thence Westerly along said South line, feet, more or less, to the Point of Beginning. Common Addresses: Brickville Road, Sycamore, Illinois 60178; 1563 Motel Road, Sycamore, Illinois MICHAEL SCHELKOPF PROPERTY PINs: , , , and Owner: Michael Schelkopf Legal Description: That part of Section Twenty-four (24), Township Forty-one (41) North, Range Four (4) East of the Third (3rd) Principal Meridian and that part of Section Eighteen (18) and Nineteen (19), Township Forty-one (41) North, Range Five (5) East of the Third (3rd) Principal Meridian, described as follows: Beginning at the Northeast corner of Lot A per plat of said Section Twenty-four (24) recorded in Book B of Plats, page 52; thence Westerly along the Northerly line of said Lot A, feet to a point on a line that is 150 feet West of and parallel with the East line of said section Twenty-Four (24); thence Northerly at an angle of 97 degrees 50 minutes 42 seconds measured counterclockwise from said Northerly line, parallel with said East line, feet; thence Easterly at an angle of 89 degrees 19 minutes 09 seconds measured counterclockwise from the last described course, feet to the West line of said Section Nineteen (19); thence North along said West line, feet to the Southwest corner of said Section Eighteen (18); thence North at an angle of 179 degrees 42 minutes 21 seconds measured clockwise from said West line, along the West line of said Section Eighteen (18), a distance of feet to the centerline of North Grove Road; thence Easterly at an angle of 85 degrees 13 minutes 02 seconds measured counterclockwise from said West line, along said centerline, feet; thence Southerly at an angle of 96 degrees 44 minutes 41 seconds measured counterclockwise from said centerline, feet; thence continuing Southerly at an angle of 178 degrees 21 minutes 19 seconds measured counterclockwise from the last described course, feet to the South line of the Northwest Quarter (NW1/4) of said Section Nineteen (19); thence Westerly at an angle of 89 degrees 55 minutes 01 seconds measured counterclockwise from the last described course, along said South line, feet to said West line of Section Nineteen (19); thence North along said West line, 3.30 feet to the Point of Beginning, all in Mayfield Township and Sycamore Township, DeKalb County, Illinois. Common Addresses: W. Motel Road, Sycamore, Illinois 60178; 1793 Motel Road, Sycamore, Illinois

10 STEVEN GLASGOW PROPERTY PIN: Owners: Steven Glasgow 2014 Living Trust dated 01/31/2014 Trustees/Beneficiaries: Steven Glasgow Legal Description: That part of the East Half (E1/2) of Section Twenty-four (24), Township Fortyone (41) North, Range Four (4) East of the Third (3rd) Principal Meridian, described as follows: Beginning at the Northeast corner of Lot A per the plat of said Section Twenty-four (24) recorded in Book B of Plats, page 52; thence Westerly along the Northerly line of said Lot A, feet to a point on a line that is feet West of and parallel with the East line of said Section; thence Northerly at an angle of 97 degrees 50 minutes 42 seconds measured counterclockwise from said Northerly line, parallel with said East line, feet; thence Westerly at an angle of 90 degrees 40 seconds 51 minutes measured clockwise from the last described course, feet; thence Southerly at an angle of 89 degrees 34 minutes 49 seconds measured clockwise from the last described course, feet to the Northerly line of Lot B per said plat; thence Easterly at an angle of 97 degrees 35 minutes 02 seconds measured clockwise from the last described course, along said Northerly line, feet to the Northwest corner of said Lot A ; thence Southerly at an angle of 97 degrees 35 minutes 02 seconds measured counterclockwise from said Northerly line, along the West line of said Lot A, feet to the Southwest corner thereof; thence Easterly at an angle of 94 degrees 09 minutes 23 seconds measured clockwise from said West line along the Southerly line of said Lot A, feet to the Southeast corner thereof; thence Northerly at an angle of 85 degrees 52 minutes 55 seconds measured clockwise from said Southerly line, along the East line of said Lot A, feet to the Point of Beginning, all in Mayfield Township, DeKalb County, Illinois. Common Address: West Motel Road, Sycamore, Illinois DEBORAH SCHELKOPF PROPERTY PINs: , , , and Owner: Deborah A. Schelkopf a/k/a Deborah Schelkopf Legal Description: That part of the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Forty-one (41) North, Range Four (4) East of the Third (3rd) Principal Meridian, described as follows: Commencing at the Southeast corner of said section; thence Northerly along the East line of said Section, feet to the centerline of North Grove Road; thence Northwesterly along said centerline at an angle of 94 degrees 50 minutes measured clockwise from said East line, feet; thence continuing Northwesterly along said centerline at an angle of 180 degrees 51 minutes 20 seconds measured clockwise from the last described course, feet for a Point of Beginning; thence continuing Westerly along said centerline a Northwesterly extension of the last described course, feet; thence Southerly at an angle of 84 degrees 10 minutes 38 seconds measured clockwise from said centerline, feet; thence Easterly at right angles from the last described course, feet; thence Northerly at right angles to the last described course, feet to the Point of Beginning, containing 1.0 acres, in DeKalb County, Illinois. 10

11 AND ALSO that part of the Southeast Quarter (SE1/4) of Section Thirteen (13), Township Forty-one (41) North, Range Four (4) East of the Third (3rd) Principal Meridian described as follows: Beginning at the Southeast corner of said section; thence Northerly along the East lien of said Section, feet to the centerline of North Grove Road; thence Northwesterly along said centerline at an angle of 94 degrees 50 minutes measured clockwise from said East line, feet; thence continuing Northwesterly along said centerline at an angle of 180 degrees 51 minutes 20 seconds measured clockwise from the last described course, feet; thence Southerly at an angle of 84 degrees 10 minutes 38 seconds measured clockwise from said centerline feet; thence Westerly at right angle to the last described course, feet; thence Southerly at right angle to the last described course, feet to the South line of said Southeast Quarter (SE1/4); thence Easterly along said line feet to the Point of Beginning, in DeKalb County, Illinois. AND ALSO that part of the Northeast Quarter (NE1/4) of Section Twenty-four (24), Township Fortyone (41) North, Range Four (4) East of the Third (3rd) Principal Meridian described as follows: Commencing at the Southeast corner of said quarter; thence Northerly along the East line thereof, feet for a Point of Beginning; thence Westerly parallel with the South line of said Quarter, feet to the East line of the Southwest Quarter (SW1/4) of said Northeast Quarter (NE1/4); thence Northerly at an angle of 90 degrees 26 minutes 05 seconds measured counterclockwise from the last described course, along said East line, feet to the North line of said Southwest Quarter (SW1/4); thence Westerly along said South line at an angle of 90 degrees 40 minutes 30 seconds measured clockwise from said East line, feet to the West line of Assessor s Lot Seven (7) of said Northeast Quarter (NE1/4); thence Northerly along said West line at an angle of 90 degrees 44 minutes 15 seconds measured counterclockwise from the last described course, feet to the North line of the South Half (S1/2) of the Northwest Quarter (NW1/4) of said Northeast Quarter (NE1/4); thence Easterly along said South line, feet to the East line of said Northwest Quarter (NW1/4); thence Northerly along said East line, feet to the North line of said Northeast Quarter (NE1/4); thence Easterly along said North line, feet to the East line of said Section Twentyfour (24); thence Southerly along said East line, feet to the Point of Beginning, in DeKalb County, Illinois. Common Addresses: North Grove Road, Sycamore, Illinois 60178; Deerpath Road, Sycamore, Illinois